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HomeMy WebLinkAboutCC 2004-02-12 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www. ci. miami. fl. us Verbatim Minutes Thursday, February 12, 2004 9:00 AM REGULAR AGENDA (Verbatim Minutes) City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Arthur E. Teele, Jr., Chairman Joe Sanchez, Vice Chairman Angel Gonzalez, Commissioner District One Johnny L. Winton, Commissioner District Two Tomas Regalado, Commissioner District Four Joe Arriola, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City Commission Verbatim Minutes February 12, 2004 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS (Pages 4 - 5) MV - MAYORAL VETOES (Page 5) AM - APPROVING MINUTES (Page 6) ORDER OF THE DAY (Pages 6 - 8) CA - CONSENT AGENDA (Pages 8 - 15) PA - PERSONAL APPEARANCES (Pages 15 - 22) M - MAYOR'S ITEMS (Page 22) D1 - DISTRICT 1 ITEMS (Page 22) D2 - DISTRICT 2 ITEMS (Page 22) D3 - DISTRICT 3 ITEMS (Pages 23 - 29) D4 - DISTRICT 4 ITEMS (Pages 30 - 48) D5 - DISTRICT 5 ITEMS (Page 48) PH - PUBLIC HEARINGS (Pages 49 - 53) SR - SECOND READING ORDINANCES (Pages 53 - 56) RE - RESOLUTIONS (Pages 56 - 58) BC - BOARDS AND COMMITTEES (Pages 59 - 71) DI - DISCUSSION ITEMS (Pages 72 - 75) EXECUTIVE SESSIONS (Pages 76 - 80) TIME CERTAIN 2:30 P.M. - NATIONAL ADVERTISING CO. VS. CITY OF MIAMI 2:40 P.M. - MARK'S CLASSIC CORP., RICHARD AND SUNNY MANAGAN, ET. AL. VS. CITY OF MIAMI 2:50 P.M. - DEBRA OHANIAN AND WETS BEACH RESTAURANT, INC. VS. CITY OF MIAMI PART B PZ - PLANNING AND ZONING ITEMS (Pages 81 - 97) SI - SUPPLEMENTAL ITEMS (Pages 98 - 103) City ofAliami Page 2 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gonzalez, Commissioner Winton, Vice Chairman Sanchez, Commissioner Regalado and Chairman Teele On the 12th day of February, 2004, 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 9:24 a.m. by Chairman Arthur E. Teele, Jr., recessed at 12: 04 p.m., reconvened at 3: 01 p.m., recessed at 3:15 in order for the Commission to meet in Executive Session for Item ES.3, reconvened at 3: 46 p.m. and adjourned at 5:09 p.m. ALSO PRESENT: Joe Arriola, City Manager Alejandro Vilarello, City Attorney Priscilla A. Thompson, City Attorney Sylvia Scheider, Assistant City Clerk PRESENTATIONS AND PROCLAMATIONS PR.1 04-00110 CEREMONIAL ITEM Name of Honoree Mayor Diaz & Commissioners Washington Mutual Coconut Grove Arts Festival Table of Brotherhood Jack Horkheimer Julio Avael (not presented) Miami Benefit Club Aline Argote Gilma Espana Henry Fernandez Vanessa Gonzalez Samuel Navarro Ramon Rodriguez Michel Rosny Heriberto Alonso Ricardo Echevarria Haydee Regueyra Presenter Community Blood Centers Dr. Bruce Lenes, Medical Director Dr. Charles Rouault, President & CEO Mr. Juan Kouri, Vice President of Operations Mayor Diaz Chairman Teele Commissioner Winton Commissioner Regalado Commissioner Regalado Commissioner Regalado Commissioner Regalado Commissioner Regalado Commissioner Regalado Commissioner Regalado Commissioner Regalado Commissioner Regalado Commissioner Regalado Commissioner Regalado Commissioner Regalado 04-00110-cover page.pdf 04-00110-protocol program.pdf PRESENTED Protocol It Plaques Proclamation Certificates of Appreciation Proclamation Proclamation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Salute 1. Dr. Bruce Lenes, Medical Director of the Community Blood Centers, recognized the Mayor, Commissioners and citizens of the City ofMiami for their generous blood donations; presented the Mayor and each Commissioner with a plaque of appreciation. Commissioner Winton recognized Dr. Lenes' great work at Blood Centers. 2. Mayor Diaz proclaimed the coming weekend as Washington Mutual Coconut Grove Arts Festival weekend. City ofMiami Page 3 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 MAYORAL VETOES 3. Jack Horkheimer was recognized by Commissioner Winton for his television show on astronomy, "Star Gazer" and for his work as promoter of the Miami planetarium/museum. 4. Certificates of appreciation were distributed by Commissioner Regalado to The Miami Benefit Club, Alina Argote, Gilma Espana, Henry Fernandez, Vanessa Gonzalez, Samuel Navarro, Ramon Rodriguez, Michel Rosny, Heriberto Alonso, Ricardo Echevarria, and Haydee Regueyra. 5. Chairman Teele presented a proclamation to members of "A Table of Brotherhood" who had signed a covenant to respect the teachings ofMartin Luther King: Corky Dozier, Pastor Valarie Grace, Him Howe, Reverend Donna Schaper, Gail Seay, The Honorable Judge Fred Seraphin, Rev. Gaston E. Smith, and Dwayne Wynn. Chairman Teele: Thank you so much for attending the Commission meeting of today, February 12th. Before Igo into the formal business, we have a number of ceremonial items. I'd like to yield to the Mayor, and Commissioner Regalado I know has some certificates of appreciation, as well. Presentations made. NO MAYORAL VETOES City ofMiami Page 4 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Winton, seconded by Vice Chairman Sanchez, to APPROVED PASSED unanimously. Motion by Commissioner Winton, seconded by Commissioner Gonzalez, to APPROVED PASSED unanimously. Chairman Teele: Now, let's try to handle two administrative matters. Do we have the consent agenda on the table? Vice Chairman Sanchez: We already voted. Chairman Teele: All right. We need a motion to approve the minutes -- Commissioner Winton: So move. Vice Chairman Sanchez: Second. Chairman Teele: -- of December 18th, Planning and Zoning. Moved and seconded. Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: And we need a motion on the minutes of January 8, 2004. Commissioner Winton: So move. Commissioner Gonzalez: Second. Chairman Teele: Moved by Commissioner Winton, and seconded. Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: And pursuant to the Charter, there are no veto items by the Mayor. ORDER OF THE DAY Chairman Teele: All right. We have, I think, put out something like an order of the day. Are there any requests, or changes or anything that any member would like to bring up at a special time? Would you all please note that we have scheduled at this -- today a 2:30 executive -- is it 2 or 2:30? Alejandro Vilarello (City Attorney): Well, with regard to the first two items for the executive session, ES.1 and ES.2, I would like to request that the Commission defer each of those to the next City Commission meeting. Chairman Teele: We will do that at the time that's been designated today. What time is that; 2 o'clock or 2:30? Mr. Vilarello: The first one is scheduled for 2:30. Chairman Teele: All right. At 2:30, we will take that item up and do the deferral at that time. They will -- those items will be deferred, but I think for the purpose of the notice that was given, it needs to be done at that time, so the first two items -- so we will only have one executive City ofMiami Page 5 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 session, and that's on the one that was scheduled for 2:50, so why don't we do this: Why don't we come back at 2:50. Commissioner Winton: Thank you. Mr. Vilarello: Exactly. Commissioner Winton: Thank you. I vote "yes." Chairman Teele: Why don't we come back at 2:50, or try to be in a little bit before 3 o'clock, and that way, I think we'll have a better use of our time, all right? Are there any requests for items to be deferred or taken up at any particular time? If not -- Mr. Vilarello: Mr. Chairman, the Manager would like the withdrawal of Items CA.14; to advise you that Item PA.3, the speaker is not appearing today. I don't know if that's to be deferred or just withdrawn. Joe Arriola (City Manager): Withdrawn. Mr. Vilarello: And -- Commissioner Winton: What was that last one you just said? Mr. Vilarello: Personal Appearance 3. Mr. Arriola: CA.14 was withdrawn. Commissioner Winton: OK, and personal appearance, what? Mr. Vilarello: Number 3. Chairman Teele: All right, CA.14 and Personal Appearance Number 3. Is there objection? Is there a motion? Commissioner Gonzalez: So move. Chairman Teele: Is there a second? Commissioner Winton: Second. Chairman Teele: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed. CONSENT AGENDA CA.1 04-00025 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $52,631.25, TO THE MIAMI-DADE COUNTY ASSOCIATION OF CHIEFS OF POLICE, COURT OVERTIME REDUCTION PROJECT; ALLOCATING FUNDS FROM THE LOCAL LAW ENFORCEMENT BLOCK GRANT VIII City ofMiami Page 6 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 PROGRAM, ACCOUNT CODE NO. 142023.290546.6.270. 04-00025- cover memo.pdf 04-00025- budgetary impact analysis.pdf 04-00025 - police summary.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0053 CA.2 04-00026 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONTINUED FINANCING OF PROTRACTED, COMPLEX INVESTIGATIONS FOR THE DEPARTMENT OF POLICE, IN AN AMOUNT NOT TO EXCEED $350,000, ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690001, SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH FLORIDA STATUTES, CHAPTER 932.7055, AS AMENDED. 04-00026-cover memo.pdf 04-00026-affidavit. pdf 04-00026-budgetary impact analysis. pdf 04-00026 - police summary.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0054 CA.3 04-00027 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, APPROVING THE ALLOCATION OF ADDITIONAL FUNDS, IN THE AMOUNT OF $255,275, TO CONTINUE FUNDING THE OPERATIONS AND OTHER RELATED EXPENSES AS INCURRED BY THE FORFEITURE FUND DETAIL FOR THE DEPARTMENT OF POLICE; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690003, SUCH EXPENDITURES HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH THE UNITED STATES DEPARTMENT OF TREASURY "GUIDE TO EQUITABLE SHARING." 04-00027-cover memo.pdf 04-00027-affidavit. pdf 04-00027-budgetary impact analysis. pdf 04-00027 - police summary.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele City ofMiami Page 7 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 R-04-0055 CA.4 04-00028 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE LEASE AGREEMENT ("LEASE"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH GOLDEN SANDS ALLAPATTAH CORPORATION ("LESSOR"), TO EXTEND THE TERM OF THE LEASE FOR A ONE-YEAR PERIOD AT A RATE OF $14.50 PER SQUARE FOOT WITH THE OPTION TO RENEW THE LEASE FOR FOUR SUCCESSIVE ONE-YEAR TERMS, EACH WITH FURTHER ANNUAL INCREASES CALCULATED BASED UPON INCREASES IN THE CONSUMER PRICE INDEX ("CPI"), BUT NOT TO EXCEED A MAXIMUM ANNUAL INCREASE OF THREE PERCENT (3%), AND WITH ALL OTHER TERMS AND CONDITIONS TO REMAIN THE SAME AS SET FORTH IN THE LEASE; FURTHER ALLOCATING FUNDS FROM THE FOLLOWING ACCOUNT CODES: RENTAL, 001000.290201.6.610 AND ELECTRICITY (OVERTIME AIR CONDITIONING) 001000.290201.6.540. 04-00028-cover memo.pdf 04-00028-budgetary impact analysis.pdf 04-00028-previous legislation.pdf 04-00028-exh i bit. pdf 04-00028 - police summary.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0056 CA.5 04-00029 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF WEATHERTROL MAINTENANCE CORP., TO PROVIDE AIR CONDITIONING MAINTENANCE AND REPAIR SERVICES AT THE COCONUT GROVE EXHIBITION CENTER FOR THE DEPARTMENT OF MUNICIPAL SERVICES, DIVISION OF PUBLIC FACILITIES, ON AN AS - NEEDED CONTRACT BASIS, FOR A TWO-YEAR PERIOD WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, AT AN ANNUAL AMOUNT NOT TO EXCEED $36,000, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $144,000, ALLOCATING FUNDS FROM THE COCONUT GROVE EXPO CENTER GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 415000.350201.6.340. City ofMiami Page 8 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 04-00029-cover memo.pdf 04-00029-background information.pdf 04-00029-award recommendation form.pdf 04-00029-award sheet.pdf 04-00029-tabulation sheets.pdf 04-00029-bid security list.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0057 CA.6 04-00030 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE BID FROM EVANS ENVIRONMENTAL AND GEOSCIENCES TO: REMOVE UNDERGROUND STORAGE TANKS, CONDUCT SOURCE REMOVAL ACTIVITIES, CONDUCT SITE ASSESSMENTS, AND PREPARE A REPORT FOR TANK CLOSURE ASSESSMENT/SOURCE REMOVAL FOR THE DEPARTMENT OF ECONOMIC DEVELOPMENT, AS REQUIRED BY THE DEPARTMENT OF ENVIRONMENTAL RESOURCE MANAGEMENT, AT AN AMOUNT NOT TO EXCEED $130,868, ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT, ACCOUNT CODE NO. 311062.819901.6.270. 04-00030-cover memo.pdf 04-00030-background information.pdf 04-00030-award recommendation form.pdf 04-00030-award sheet.pdf 04-00030-tabulation sheets.pdf 04-00030-bid security list.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0058 CA.7 04-00031 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN INCREASE IN THE CONTRACT AWARDED TO MEDTRONIC PHYSIO- CONTROL CORPORATION, SOLE SOURCE PROVIDER, PURSUANT TO RESOLUTION NO. 02-980, ADOPTED SEPTEMBER 11, 2002, IN AN ESTIMATED ANNUAL AMOUNT NOT TO EXCEED $5,224.85, FROM $34, 104 TO $39,328.85, TO INCLUDE MAINTENANCE SERVICES FOR ADDITIONAL PHYSIO-CONTROL CARDIAC LIFE SUPPORT EQUIPMENT ACQUIRED FOR THE DEPARTMENT OF FIRE -RESCUE; ALLOCATING FUNDS FOR SAID INCREASE FROM THE DEPARTMENT OF FIRE - RESCUE ACCOUNT CODE NO. 001000.280601.6.270, SUBJECT TO BUDGETARY APPROVAL; AMENDING RESOLUTION NO 02-980 TO City ofMiami Page 9 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 REFLECT SAID INCREASE. 04-00031-cover memo.pdf 04-00031-budgetary impact analysis.pdf 04-00031-terms and conditions.pdf 04-00031-technical service agreement.pdf 04-00031-previous legislation.pdf 04-00031-pre. technical service agreement.pdf 04-00031-notice of award.pdf 04-00031-increase sole source.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0059 CA.8 04-00032 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN INCREASE IN THE CONTRACT WITH A+ MINI STORAGE, PURSUANT TO RESOLUTION NO. 02-140, ADOPTED FEBRUARY 14, 2002, IN AN AMOUNT NOT TO EXCEED $10,256, FROM $39,744 TO $50,000 ANNUALLY, TO PROVIDE A SECURED, AIR-CONDITIONED, SELF - STORAGE FACILITY FOR THE DEPARTMENT OF POLICE; ALLOCATING FUNDS FROM THE DEPARTMENT OF POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 01000.290201.6.610. 04-00032- cover memo.pdf 04-00032- budgetary impact analysis.pdf 04-00032- previous legislation.pdf 04-00032- increase of contract.pdf 04-00032 - police summary.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0060 CA.9 04-00033 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A BOAT SHOW AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH NMMA BOAT SHOWS, INC. FOR USE OF DOCKAGE SPACE AT MIAMARINA AT BAYSIDE FROM FEBRUARY 8 THROUGH FEBRUARY 19, 2004, FOR PRESENTATION OF THE STRICTLY SAIL VENUE OF THE MIAMI INTERNATIONAL BOAT SHOW, UNDER THE TERMS AND CONDITIONS OF THE AGREEMENT. 04-00033-cover memo.pdf 04-00033-exhibit-agreement. pdf City ofMiami Page 10 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0061 CA.10 04-00036 DISCUSSION ITEM ACCEPTING A REPORT FROM THE CIVIL SERVICE BOARD. 04-00036-cover page.pdf 04-00036-board actions.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele CA.11 04-00046 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY ("COUNTY") FOR THE CITY OF MIAMI'S ("CITY") CONTRIBUTION TO THE DREDGING OF THE MIAMI RIVER AT A COST TO THE CITY IN AN AMOUNT NOT TO EXCEED $6, 000,000, OVER A FOUR-YEAR PERIOD; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $1,000,000, FOR THE FIRST YEAR FROM CAPITAL IMPROVEMENTS PROJECT NO. 311083; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENTS TO THE AGREEMENT WITHOUT THE NECESSITY TO OBTAIN FURTHER CITY COMMISSION APPROVAL TO ACCOMMODATE FUNDING CONTRIBUTIONS FROM OTHER PARTIES, ALLOWING FOR MODIFICATIONS TO "ATTACHMENT A" TO THE AGREEMENT, IF SUCH MODIFICATION REDUCES CONTRIBUTIONS FROM THE CITY. 04-00046-cover memo.pdf 04-00046-budgetary impact analysis.pdf 04-00046-cost share analysis.pdf 04-00046-previous legislation.pdf 04-00046-exhibit-interlocal agreement.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0062 CA.12 04-00047 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE CITY MANAGER'S ENGAGEMENT OF URS CORPORATION SOUTHERN, ("URS"), PROFESSIONAL CONSULTANTS, City ofMiami Page 11 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 SELECTED FROM THE LIST OF PRE -APPROVED GENERAL ENGINEERING FIRMS FOR THE DESIGN DEVELOPMENT, PREPARATION OF CONSTRUCTION DOCUMENTS AND CONSTRUCTION ENGINEERING SERVICES FOR THE PROJECT "NW 34TH AVENUE ROAD IMPROVEMENT PROJECT, B-4696," LOCATED IN DISTRICT 1, MIAMI, FLORIDA ("PROJECT"), IN AN AMOUNT NOT TO EXCEED $95,820, BASED ON (1) THE SCOPE OF SERVICES AND SCHEDULE REQUIRED FOR SAID PROJECT, AS SET FORTH IN THE WORK ORDER AUTHORIZATION, ATTACHED AND INCORPORATED, AND (2) TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT WITH URS PURSUANT TO RESOLUTION NO. 01-560; AUTHORIZING THE CITY MANAGER TO EXECUTE THE WORK ORDER AUTHORIZATION, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; AND ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $95,820, FOR SERVICES AND EXPENSES TO BE INCURRED BY THE CITY OF MIAMI FROM CAPITAL IMPROVEMENTS PROGRAM ("CIP") PROJECT NO. 341183 ENTITLED "LOCAL OPTION GAS TAX" AND CIP PROJECT NO. 341330 ENTITLED "TRANSIT HALF -CENT SURTAX." 04-00047-cover memo.pdf 04-00047-budgetary impact analysis.pdf 04-00047-exhibit 1-work order authorization.pdf 04-00047-exhibit 2- pro. service proposal.pdf 04-00047-exhibit 3- scope of services.pdf 04-00047-exhibit 4- estimate of costs.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0063 CA.13 04-00048 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER'S ENGAGEMENT OF URS CORPORATION SOUTHERN, ("URS") PROFESSIONAL CONSULTANTS, SELECTED FROM THE LIST OF PRE - APPROVED GENERAL ENGINEERING FIRMS FOR THE DESIGN DEVELOPMENT, PREPARATION OF CONSTRUCTION DOCUMENTS AND CONSTRUCTION ENGINEERING SERVICES FOR THE PROJECT ENTITLED "NW 15TH AVENUE ROAD IMPROVEMENT PROJECT, B-4689 ," LOCATED IN DISTRICT 1 ("PROJECT"), IN AN AMOUNT NOT TO EXCEED $89,120, BASED ON (1) THE SCOPE OF SERVICES AND SCHEDULE REQUIRED FOR THE PROJECT, AS SET FORTH IN THE WORK ORDER AUTHORIZATION, ATTACHED AND INCORPORATED, AND (2) TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT WITH URS PURSUANT TO RESOLUTION NO. 01-560; AUTHORIZING THE CITY MANAGER TO EXECUTE THE WORK ORDER AUTHORIZATION, IN SUBSTANTIALLY THE ATTACHED FORM; AND ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $89,120, FOR City ofMiami Page 12 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 SERVICES AND EXPENSES TO BE INCURRED BY THE CITY OF MIAMI FROM CAPITAL IMPROVEMENTS PROGRAM ("CIP") PROJECT NO. 341183 ENTITLED "LOCAL OPTION GAS TAX" AND CIP PROJECT NO. 341330 ENTITLED "TRANSIT HALF -CENT SURTAX." 04-00048- cover memo.pdf 04-00048- budgetary impact analysis.pdf 04-00048-exhibit 1-work order authorization.pdf 04-00048-exhibit 2- pro. service proposal.pdf 04-00048-exhibit 3- scope of services.pdf 04-00048-exhibit 4- construction costs.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0064 CA.14 04-00049 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID OF HORIZON CONTRACTORS, INC., FOR THE PROJECT ENTITLED "GRAND AVENUE IMPROVEMENTS, B-4668" IN THE PROPOSED AMOUNT NOT TO EXCEED $3,714,154.55; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 341208, IN THE AMOUNT NOT TO EXCEED $3,714,154.55, FOR CONTRACT COSTS, PLUS $621,445.45 FOR ESTIMATED EXPENSES INCURRED BY THE CITY OF MIAMI, FOR TOTAL PROJECT COSTS IN THE AMOUNT NOT TO EXCEED $4,335,600, AS SET FORTH ON THE TABULATION OF BIDS DOCUMENT AND THE PROJECT FACT SHEET, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PROJECT. 04-00049-cover memo.pdf 04-00049-budgetary impact analysis.pdf 04-00049-exhibitl-tabulation of bids.pdf 04-00049-exhibit2-fact sheet.pdf 04-00049-exhibit3- contract.pdf WITHDRAWN A motion was made by Commissioner Gonzalez, seconded by Commissioner Winton, and was passed unanimously, to WITHDRAW item CA. 14. CA.15 04-00050 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO PROVIDE CITY OF MIAMI EMPLOYEES WHO ARE MEMBERS OF THE UNITED STATES MILITARY RESERVE OR FLORIDA NATIONAL GUARD AND ORDERED TO REPORT FOR ACTIVE DUTY IN RESPONSE TO THE UNITED STATES' WAR WITH IRAQ OR TERRORIST ATTACKS AGAINST THE UNITED STATES, A City ofMiami Page 13 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 SUPPLEMENT, RETROACTIVE TO SEPTEMBER 25, 2003, IF APPLICABLE, TO CONTINUE UNTIL SEPTEMBER 25, 2004, TO MILITARY PAY RECEIVED IN AN AMOUNT NECESSARY TO BRING TOTAL SALARY, INCLUSIVE OF BASE MILITARY PAY, TO THE LEVEL EARNED AT THE TIME OF THE ORDER TO ACTIVE MILITARY DUTY; APPROVING CERTAIN OTHER SPECIFIED BENEFITS, WITH THE MONIES FOR SUCH EXPENDITURE BEING ALLOCATED FROM PREVIOUSLY APPROPRIATED SALARY AND SALARY SURPLUS FUNDS; DIRECTING THE CITY MANAGER TO DETERMINE THE NEED TO CONTINUE OR TERMINATE SUCH BENEFITS EVERY SIX MONTHS AND TO ADVISE THE CITY COMMISSION ACCORDINGLY; AND DIRECTING THE CITY MANAGER TO EXECUTE ALL THE NECESSARY DOCUMENTS FOR SAID PURPOSE. This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0065 CA.16 04-00053 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE RELEASE, DISCHARGE AND WAIVER OF OPTION AND RIGHT OF FIRST REFUSAL ("RELEASE"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE PROPERTY KNOWN TRACT 3 OF THE "RIVERSIDE PLAZA" AS MORE PARTICULARLY DESCRIBED IN THE ATTACHED RELEASE. 04-00053-cover memo.pdf 04-00053-memo.pdf 04-00053-exh i bit. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0066 Adopted the Consent Agenda Motion by Commissioner Winton, seconded by Vice Chairman Sanchez, 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, Winton, Sanchez, Regalado and Teele Chairman Teele: Further items to be deferred or withdrawn? Commissioner Winton: Move. Chairman Teele: If not, the Consent Agenda is moved by Commissioner Winton. Is there a second? City ofMiami Page 14 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 PA.1 03-0170 Vice Chairman Sanchez: Second. Chairman Teele: By Commissioner Sanchez. Is there objection? Is there objection? All those in favor of the Consent Agenda as amended, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. END OF CONSENT AGENDA PERSONAL APPEARANCES DISCUSSION ITEM REVEREND SHO-SHANA TO ADDRESS THE COMMISSION CONCERNING THE NEIGHBORHOOD ENHANCEMENT TEAM (NET) OFFICE IN THE OVERTOWN AREA. 03-0170-letter.pdf 03-0170 -recommendation memo.pdf DISCUSSED Direction to the City Clerk: by Commissioner Gonzalez to provide him with a copy of the transcript of today's discussion regarding the homeless problem in Overtown as soon as possible; Chairman Teele further informed Reverend Shoshana that her questions and concerns relative to the homeless situation in Overtown would be provided to her in writing by the Administration. [Note: Clerk delivered transcript on February 13, 2004.] Chairman Teele: Let's hear from the reverend, who needs to leave here right now, and we apologize, and we'll come right back to that issue. Ma'am, you're recognized. Reverend Sho-Shana: Yes. Commissioners, I have five questions. Chairman Teele: State your name, your address, please, for the record. Reverend Sho-Shana: I'm Reverend Sho-Shana, living in Overtown. My office is located 175 Northwest 14th Street. I do work the street ministry in Overtown, and sometimes I have the feeling -- I've told Chris andMr. Gonzalez that I think I've known Overtown better than you folks do, and even the Police ChiefI spoke with. My concern for this region, the Overtown region, where it's a predominantly black neighborhood, I find that the City is violating the law of equal protection in Overtown. I have six questions. Can someone respond to this? Chairman Teele: State the six questions. We'll probably get you an answer in writing if we can't do it right now, but we certainly want you to put your concerns on the record so we can ensure that you get an intelligent response. Reverend Sho-Shana: All right. So, the City is -- it's a crime for the City to violate on the citizens of Overtown morale, so that's three. All I am asking the City, if they do have somewhere around fifty million dollars to eradicate homelessness in Overtown? Chairman Teele: All right. The question is, does the City have fifty million dollars to eradicate homeless in Overtown? Commissioner Winton: I'd like that answered. City ofMiami Page 15 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 Chairman Teele: I think, in fairness to you, we need to work with you to get you before the Homeless Trust, where the money is collected from the City and from the County for the eradication of homeless. We share in the responsibility and the concern about homeless, but the lead responsibility with dollars is with the Homeless Trust, and everyone who eats a dinner or has a drink in this City or in Dade County pays a tax to help eradicate homeless. Commissioner Winton: Exceptfor the City ofMiami Beach. Chairman Teele: Exceptfor the City ofMiami Beach, that's correct, so, we'll get you a full answer to that and we will get you the name, the address and when those meetings are being held so you can go to them and place that question. The straight answer is, we don't have fifty million dollars available for homeless at this time, no. Reverend Sho-Shana: Is the City supporting the Homeless Trust with your finance or is the County, the federal or state? Chairman Teele: Mr. Budget Director, do you want to address that? The citizens ofMiami are supporting the Homeless Trust, because the citizens are the ones who are paying the taxes. Reverend Sho-Shana: That, I do know. What don't know, where do they get the money from, these people who are -- like, say for instance, the HAC (Homeless Assistance Center), the home - - the rescue -- Chairman Teele: They get the money from the taxes that are collected countywide, with the exception ofMiami Beach -- Reverend Sho-Shana: So the County supports them. Chairman Teele: No. It's a tax that is collected countywide. Reverend Sho-Shana: OK. Commissioner, whatl do want to know, since I told you what my mission is in Overtown, the HAC, the Camillus House, the Salvation Army and the Rescue Mission, these institutions are doing more harm in Overtown than good, and I do have solution to these problems and I want to be heard, that we can eradicate homelessness in Overtown, and the homelessness is causing most of the problems in Overtown. It's posing danger for our little children going to school. They have -- they come for a vacation. They're alien to Overtown, and they came -- come from across the nation for a vacation here, and we support that vacation, which is -- it's inhumane to do that. Now, how I may meet with these people to give them the solution, show them where, how, and when to get rid -- to eradicate homelessness? Please, do you have my address. You could inform me. Chairman Teele: Well, the agency that is responsible for the elimination of homeless is the Homeless Trust -- OK? -- and they have board meetings -- Commissioner Winton: Once a month. Chairman Teele: -- once a month, and we need to get that information and, if necessary, we will be more than happy to give you a letter of introduction to the Homeless Trust to make your presentation, and I would ask the Manager to ensure that you're put on the agenda to make your presentation to them. Mr. Manager. Reverend Sho-Shana: All right. My fourth question is, the law enforcement and the code enforcement are not being enforced in Overtown, and we have Chris here, who I spoke with him in my office yesterday, and he say he would work, but don't think they have enough staff per se, City ofMiami Page 16 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 which should be taken into consideration, because the City is violating the law and what is equal protection in Overtown, then something should be done about this. If you do a comparable with white Coconut Grove and black Overtown, it's black and white, and the children are suffering, which Bush wants his citizens to live in dignity and this is no dignified life in Overtown. It's undignified. No protection, no sanitation, no code enforcement, no beautification, no nothing, no environment for the children. As a matter of fact, people are drinking -- making their beer gardens every three blocks in Overtown on the frees. I mean, look, these children must grow up with a proper environment to be somebody for tomorrow, and I want this to be taken into consideration because I'll be keeping up with you. Mr. Timoney has left and I met with him twice and he was here this morning, the Chief of Police, and he told me, apparently, the judges have no reverence for the police activity, that this is an issue they have to address with the Mayor of the City ofMiami, and this also should be taken into consideration because we are the ones who are paying the taxes and we must be heard, and Timoney will address that to you, which also I'll be keeping up with that, and the housing is a great issue and, believe me, I'll tell you, we do have the financial resource for that, so these issues that I bring up here today, I'll be keeping up with them, Commissioners, and if someone would like to ask me a question, please do. Chairman Teele: Thank you very much. I understand you have an 11 o'clock appointment? Reverend Sho-Shana: No. I could stay for a few questions. Chairman Teele: All right. Thank you very much. Commissioner Gonzalez: I have no questions. Madam City Clerk -- Priscilla A. Thompson (City Clerk): Yes, sir. Commissioner Gonzalez: -- I would like to have an official transcript of the discussion about the homeless in Overtown in my office as soon as possible. Ms. Thompson: Yes, sir. Chairman Teele: All right. Commissioner Gonzalez: OK Chairman Teele: All right. The next item was the -- Reverend Sho-Shana: Thank you. Chairman Teele: Thank you very much. Reverend Sho-Shana: You're talking to me? Chairman Teele: Yes, ma'am. Reverend Sho-Shana: May I -- Yes. Chairman Teele: Your two minutes expired about five minutes ago, but did you have anything else you wanted to add? Reverend Sho-Shana: No, no, no. I'm pretty sure you'll make a note of these things. Chairman Teele: Yes, ma'am, we will. City ofMiami Page 17 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 Reverend Sho-Shana: All right. Chairman Teele: And we will formulate a written response to the questions that you've articulated. PA.2 03-0351 DISCUSSION ITEM MR. ENRIQUE KOGAN PRESIDENT OF EK EVENTS WILL BE ADDRESSING THE COMMISSION REGARDING THE EFFECTS OF THE 2003 MIAMI FTAA CONVENTION ON HIS ROCK EN MIAMI EVENT, WHICH WAS HELD ON NOVEMBER 28, 2003. 03-0351-letter. pdf 03-0351-recommendation memo.pdf DISCUSSED This item was discussed and no action was taken. Chairman Teele: PA.2, Public Appearance 2. Mr. Enrique Kogan, President of the EK Events. Welcome, Mr. Kogan. Enrique Kogan: Good morning, everyone. How you doing? My name is Enrique Kogan. I live in Miami since 1981, 1450 Brickell Bay Drive. I came here because, as you know, I produce special events festivals and concerts, and this year we have November 16th -- not the date that they put right here. It was a mistake -- November 16th, we got Rock En Miami, for the second time, and we asked the Bayfront Park if it's going to be any problem with the FTAA (Free Trade Area of the Americas). They say no. They send me a fax. They say they're going to close the street, the 17, at 6 o'clock in the morning, but they decide, Saturday night, to close the street of downtown Sunday, during my festival. Of course, I was very damaged. We got -- well one of the best performance in the rock -- Latin rock is Charlie Garcia. I don't know if you know him. Sun - Sentinel -- we got the media during all Sunday tell the people not to go to downtown because they close the downtown. We got the police coming to close the park. We got a lot of problems with this, and I end in losing a lot of money for this. Chairman Teele: All right. Mr. Kogan: What I ask ifI can get some credit for the next event? Commissioner Winton: Get some what? Mr. Kogan: I lost more than fifty thousand dollars for this, and this one -day event, I've been working almost a year to do this event, and ifI knew before, I can change the date, but, you know, they said it was going to be no problem until like one day before, you know. Chairman Teele: Is your activity for profit or not for profit? Mr. Kogan: The festival -- no money is for profit. We have a non-profit organization. They called Lion's Club. We donated to the Blinds Day in Miami, southeast -- yeah, Southwest 1st Street. We always donate money there. Joe Arriola (City Manager): It is for profit. Chairman Teele: It is what? Mr. Arriola: It is for profit. City ofMiami Page 18 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 Vice Chairman Sanchez: Mr. Chairman. Mr. Kogan: Yeah. Chairman Teele: Well, why would you say it's not for profit, if it's for profit? Mr. Kogan: No. We have one of the -- we have the -- Chairman Teele: Who contracts with the venue? Vice Chairman Sanchez: It is for profit. Mr. Kogan: The EK (UNINTELLIGIBLE), the Lion's Club. I think it's the Lion's Club. Vice Chairman Sanchez: No. You. You are for profit. Chairman Teele: Who -- Mr. Kogan: Yes. I am -- I'm profit, yeah. Chairman Teele: Who contracts with the venue? Mr. Kogan: The venue -- the non-profit organization, which is called the Lions Club, and all the money we get from the part of the -- from the food vendors -- we're going to -- Vice Chairman Sanchez: And the reason they do that, Mr. Chairman, is for the liquor license. Mr. Kogan: But they -- I do -- I'm profit, yes. I do profit. Chairman Teele: OK. What is it you're asking us to do for your for -profit company? Mr. Kogan: I ask ifI can get some credit back after I lost all this kind of money in the Rock En Miami Festival. I don't know. This is my first time I'm coming here, you know, and just to ask you for this, you know. Chairman Teele: All right. Thank you very much. Is there a motion? Is there a motion? All right. There is no motion. Commissioner Gonzalez: Motion to deny the request. Chairman Teele: Motion to -- Commissioner Gonzalez: The gentleman is blaming the police. He's blaming the FTAA because -- he's blaming everybody for losing fifty thousand dollars, but the FTAA was advertised for -- I don't know. Vice Chairman Winton: A year. Commissioner Gonzalez: And besides the point, if we -- Commissioner Regalado: What -- Commissioner Gonzalez: -- if we give money to one for -profit corporation, we're going to have a caravan for -profit people asking for us to subsidize their business. City ofMiami Page 19 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 Commissioner Winton: Every single retailer. Commissioner Gonzalez: Right. Commissioner Winton: Every law firm. Chairman Teele: All right. Mr. Manager, did you have something you wanted to add or not add? All right. All right. Thank you -- Commissioner Regalado: Let me just ask. I mean, why you schedule the festival during the FTAA? Was it -- Mr. Kogan: We scheduled a year ahead. Then I tried to change it. The Bayfront Park said they have no day before. Then they called me, the Bayfront Park, a month before and say we --maybe we can change it, but this already have the artists. They are in tour. They're a big rock artist. They're in tour, but then I spoke with the team from the Bayfront Park. They told me it's going to be no problem. They closed the street. They closed the 17, not the 16, and then we come. I have all these letters. Vice Chairman Sanchez: Enrique. Mr. Kogan: I don't know if it's -- Vice Chairman Sanchez: Enrique. Mr. Kogan: Yes. Vice Chairman Sanchez: How many people attended your event? Mr. Kogan: (UNINTELLIGIBLE) Vice Chairman Sanchez: How many people attended your event? Mr. Kogan: My event? Vice Chairman Sanchez: Yes. How many tickets did you sell? Mr. Kogan: They pay -- no, 2600 tickets, and during the Charlie Garcia -- Vice Chairman Sanchez: So, people were able to get in. Listen. Mr. Kogan: Yes. Vice Chairman Sanchez: I have the utmost respect for you. You do a great event at the Bayfront Park. I have not been able to pinpoint anybody who told you that, you know, the streets were going to be closed, and, you know, you had a year to change that. Anybody in their right mind with the FTA (sic), would have pulled out and would have done it at another date. That's one, Enrique. The other concern that I have is -- as the Chairman of the Bayfront Park -- is, that if we allow to do this to you, you know how many complaints we receive from merchants who complained about -- even attorneys and professionals complained that they lost billable hours because of the FTA. We would be opening the doors here at City Hall for a madhouse to reimburse people, you know. We cannot -- and I -- although I'm wearing a different hat now -- Bayfront Park, nor the City, is in the business of covering promoters' shortfalls. One, you roll the dice, you know, and if you scratch, you scratch. That's your line of business. That's why I'm City ofMiami Page 20 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 PA.3 04-00112 not in your line of business, because ifI book an event, and I bring great performers, and I do well, I have yet to see a promoter who comes here in front of this Commission and says, I grossed 200 percent, I'm going to give you back 20 percent. " You know, so, I'm prepared to work with you in some way and assist you in the park, but to come here in front of this Commission to ask for us to give you monetary return, I just -- I can't open up that Pandora's box, and I don't think anyone here is willing to do that. Chairman Teele: All right. Next case. Mr. Attorney, read the -- SR.1, ordinance for second reading, into the record, please. Vice Chairman Sanchez: Thank you. Chairman Teele: Thank you very much. Mr. Kogan: Thank you. Chairman Teele: There will be no action taken. DISCUSSION ITEM MS. ALBENA SUMNER, COMMUNITY OUTREACH SPECIALIST OF THE ROYALTY DRUG & PHARMACEUTICAL CARE, INC. TO ADDRESS THE COMMISSION CONCERNING CDBG FUNDING. 04-00112-letter. pdf WITHDRAWN A motion was made by Commissioner Gonzalez, seconded by Commissioner Winton, and was passed unanimously, to WITHDRAW item PA.3 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ DISTRICT 1 COMMISSIONER ANGEL GONZALEZ DISTRICT 2 COMMISSIONER JOHNNY L. WINTON City ofMiami Page 21 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ D3.1 04-00037 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DESIGNATING SETTLEMENT FUNDS RECEIVED TO BE USED FOR PARK MAINTENANCE CITYWIDE, IN THE AMOUNT OF $500,000, FROM 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). 04-00037-cover memo.pdf Motion by Vice Chairman Sanchez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Teele Absent: 1 - Commissioner Regalado R-04-0071 Direction to the City Manager: by Vice Chairman Sanchez to look for ways to create recurring sources of funds for parks; Chairman Teele further requested the Administration to provide him with budgetary information on the park system in Miami Shores. Chairman Teele: Commissioner Sanchez. Vice Chairman Sanchez: Thank you, Mr. Chairman. On my item, it's a resolution of the City Commission designating the settlement fund received to be used for park maintenance citywide. That's a settlement of the Orange Bowl, and I'd like to make a motion, and then, when it's open for discussion, would like to reserve some time for discussion. So move. Commissioner Winton: Are you on D3.1? Vice Chairman Sanchez: D3.1, yeah. Commissioner Winton: Second. Chairman Teele: Discussion. Vice Chairman Sanchez: Discussion. Mr. Chairman, it is very clear that the City's having problems to maintain their parks, and really, it's a problem now and I only see it getting worse, and I'll tell you why. For the last couple of years, I think the City has really focused on one of our greatest resource, which is our parks, and you have seen new parks come on line, like the Margaret Pace Park that was redone, the Jose Marti Community Center. We're focusing now on creating a signature park in Little Haiti. We're also under construction -- or will start soon with the Linear Park on the Cuban Memorial Drive, Bicentennial Park, which is moving forward, so one of the problems that I see is that the City is really not focusing on providing what I consider to be long-term -- not only on staffing of parks, but also focusing on the maintenance of parks, which are two elements of great importance for our parks. You know, I looked at some of the City ofMiami Page 22 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 statistics based on budget comparisons from different cities; comparing ourselves to North Miami, Miami -Dade County, Hialeah, Miami Beach, and, really, if you look at a lot of these cities, you see that the City ofMiami, which basically just allocates 2.8 percent of its budget towards maintenance and recreation of our parks, when you compare to other cities -- and, you know, our budget is larger than a lot of these cities, such as North Miami and Miami Beach, but if you look at the other cities, they're really focusing more money towards the parks, so one of the things that I wanted to emphasize and ask the City is, one is -- I mean, how much money does our park generate, revenue wise, and are we focusing more on taking a more pro -business type of movement in our parks? How much money do we generate now? Santiago Corrada: Good morning, Commissioners. Santiago Corrada, Director of Parks, with the City ofMiami. In fiscal year 2002, the Parks Department generated nine hundred, thirty-six thousand, five hundred and seventy-three dollars. Last year, fiscal year 2003, we generated over a million dollars, one million, twenty-nine thousand, five hundred and thirty-seven dollars, and this fiscal year, as of February 6th, 2004, we generated half a million dollars, five hundred, twenty-one thousand, one hundred and five dollars. Vice Chairman Sanchez: Those funds -- do they go -- they go into general fund, correct? Mr. Corrada: They go into the general fund, Commissioner. Vice Chairman Sanchez: OK, and then at the end of the year, when we approve the budget, we give you an amount for your parks. Is the City taking any steps into negotiating with vending machines, other revenue sources that could come into the parks? You know, we've always talked here in the Commission about bringing in the private sector, you know. That's been one -- That's somebody's phone. I think it's mine. Apologize. Chairman Teele: Is the Budget Director here, Mr. Manager? He really needs to be listening to this. Vice Chairman Sanchez: Well, let me just give you some of the numbers pertaining to some of the municipalities and their budget. North Miami, which is a small city and growing, is forty-two million dollar budget. They allocate into their parks seven million, 16.8 percent allocation -- Commissioner Winton: Wow. Vice Chairman Sanchez: -- towards parks, OK. Chairman Teele: North Miami? Vice Chairman Sanchez: North Miami, sir. Miami -Dade County, which is -- they -- one billion dollar -- municipality wide, it's one billion dollars, round figure. Their parks and recreation, they put thirty-three million dollars into it. Commissioner Winton: Who is this? Vice Chairman Sanchez: Miami -Dade. Miami -Dade, and that's 3.30, so I mean, they may not be doing a good job in parks, either, but if you look at Hialeah -- and Hialeah's a perfect example of what they been able to do with parks, and then, you know, at the end -- one thing that we need to do is learn from other cities, and that's what government's all about. That's why when people tend to criticize an elected official going to another community to learn things and bring ideas back, I champion that and support that because we can learn so much. Hialeah, municipal wide, it's sixteen million dollars. They spend in parks, 1.2, 6.88, but a lot of the revenue is generated by creating parks that they generate money from, partnering up with the private sector, and, of course, taking a business approach in a lot of these parks to bring in City ofMiami Page 23 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 revenue. Miami Beach, a hundred and fifty-seven million dollar budget, twenty-four million goes into parks. That's 15.2 percent of their budget--15.29 percent. Tampa, six hundred and sixty- four million dollars citywide, a municipality budget. Parks and recreation, thirty-five million, two hundred, 5.4 percent, so this is -- somewhere in the future, we really need to start looking at, one, protecting the interests of the residents of the City ofMiami, which are their parks. If we can't do that, then what you're going to have is spending money not wisely, because a lot of these parks, which are beautiful parks, but if you don't have the proper maintenance, a year down the road or two years down the road, it's going to be a park that's going to be an eyesore and an embarrassment to us, so, we need to somehow, Mr. City Manager -- and I focus on this because I see it coming. I see the City focusing on creating more parks, which we need because we're a city that has lacked green space and parks for many years, and we need to change that. However, we need to start looking at where we're going to get the money, so that's why this resolution was so important for me and my colleagues to pass on. We focused on trying to give back money to the parks, which we did with Bayfront Park, but now I think we need to bring in additional revenues to fry to focus on putting the appropriate staff into parks and programs into parks, and that's going to be another problem this year. We're going to have parks that are not going to have sufficient programs for our children. That's a big problem, so, Mr. City Manager, I implore you to go out and see what you could do, whether it may be using your business expertise to fry to bring in Corporate America and partner up and fry to make more money in our parks, and, really, to be honest with you, I'd like to, in the future, entertain -- if my colleagues would support -- is to make sure that those revenues generated by the park stay within the park. Mr. Chairman, thank you. Joe Arriola (City Manager): I think you make Mr. Corrada very happy with your little proposal. Chairman Teele: I also think that you should look -- Mr. Corrada, I'd like to see the statistics including -- what's that city on Miami -- on Biscayne Boulevard, about 95th Street? Mr. Corrada: Miami Shores. Chairman Teele: Miami Shores. I'd be interested in see -- because ever since I've been in Miami, the one thing that has amazed me is the parks system in Miami Shores. I'd be interested in seeing what they spent. I think, you know, there's two problems or two or three problems with what we're into right now. Number one is the annual budget process. The time to make the priorities of this Commission, the parks, is during the budget process, and we're all sort of driven and stampeded by the Police and Fire budgets that aggregate about 60, 70 -- fully loaded, you know. When you fully load it, it's probably closer to 80 percent, you know, because half the GSA (General Services Administration) budget is Police and Fire, for example, support of them, so, you know, I am 100 percent in support of what Commissioner Sanchez is saying, and again, the biggest -- the challenge that we have to confront consistently is the fact that the vast majority of citizens in this city are law-abiding, tax paying people who get very little services, and one of the things other than the garbage collection at a very competitive or below rate is the parks services, and I think we all ought to figure this out together. I think there's two things -- and the reason that wanted Mr. Spring involved -- because, philosophically, I'm in agreement with what you're doing, Joe, on the five hundred thousand, but -- Vice Chairman Sanchez: That's -- Chairman Teele: -- but from a budget point of view, knowing what the needs of the Orange Bowl are, you could make just as compelling argument that the money ought to go into the Orange Bowl, butl think you're doing the right thing to send the right signal, and I commend you for that. Vice Chairman Sanchez: Well -- and I remember you making the same statements last year when we spoke about-- it was the budget process where you said, you know, we wait 'til the end City ofMiami Page 24 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 just before the budget and then we start addressing these issues. These issues need to be addressed, you know, just like lobbying. It's 365 days a year. The -- I'm going to give you a perfect example because, you know, I know the issues in my district, and I don't know the issues in all the districts because, you know, as you stated many times before, all districts wear different shoes. I mean, we have different issues. We just spent one point six million dollars on a project in Jose Marti Park, beautiful community center. Beautiful. It's going to focus on computers, which we are teaming up with Miami -Dade Community College, Amigos Together for Kids. That's heading in the right direction to try to bring in resources that we won't end up paying for, but you're going to have a beautiful building that will have one person overseeing that building, possibly, one person, and that person cannot do the computer training, cannot do the aerobics exercise, cannot do the arts and craft, cannot do the other activities that are being implemented in that park, so, once again, you know, you could build first-class parks, and if we don't have the maintenance and staff as in the resources, it's just a hollow, pretty park from the outside with no vibrant energy in the inside, and, you know, we tend -- if you look at the history of this City, when it comes to budgets, Parks Department has been the bastard child of this City for decades, and decades, and decades, and many arguments have been put here that money get -- are put in different departments and they just, you know, fall in that black hole for other emergencies. Being that the City now, I believe -- and I have the utmost respect for the City Manager, the Mayor, and my colleagues -- that we are changing the way the City is running, taking a more proactive business approach, and it pays off because today the City is doing much better. If we do not focus on finding ways to bring in revenues for that, at the end, we will be paying harshly. One, it's going to make us look bad because our departments -- our parks are going to deteriorate, and it's going to be bad for us, and the second is we're going to be leaving behind and doing no good cause for the greatest resource that we have, which are our children. Chairman Teele: Well -- and to that point, I just want to commend you and agree with you. I think, however, we've got to look at this through the prism of trying to generate reocurring revenue streams to go into our parks programming activities, and let me tell you why that's important. If you put it in the budget, the first time -- nothing personal, Charlie -- but the first time there is a union negotiation, the first time there is a tough issue, it gets eaten up in salaries and expenses, and we know this. I mean, you know, this isn't picking on anybody, and what don't want to do is do what the Florida government did with the Florida Lottery, where -- Commissioner Winton: And the trust funds that they just emptied out. Chairman Teele: And the trust funds, and so, one of the things that I've asked the Budget Director, and the Attorney, and the Manager to work closely with us on is how can we create something off budget -- see, my view is, if we can do that, then I'm willing to say what you said from the beginning. The dollars that are created by parks -- Vice Chairman Sanchez: Stay in parks. Chairman Teele: -- should go offline into that budget for programming, and that way we can begin to develop some type of endowment, some type of reoccurring source of funding because if you leave it in the Parks budget, trust me, it's going to wind up going out in expenses, et cetera, et cetera, and so, I am very, very concerned that we should look at this thing. I know that there's been some discussions with the Dade Community Foundation. I believe -- and I will put this on the table -- I believe, Mr. Manager -- and I've never said this publicly -- that any settlement from the billboards could very well be put into this endowment, into an endowment like this because, you know, it's the kind of thing that will create a reoccurring fund, and that was sort of where I was when we started. I also think, since it's out here like this, we ought to look also at the tax deductibility for anybody making the contribution. I mean, I -- you know, so it could be a win/ win for us and a win/win for the advertising companies, but the point is, we need to do exactly what Joe Sanchez is saying, engage ourselves collectively and how can we create a reoccurring source of funds, primarily for programming. I believe that the maintenance cost is a City ofMiami Page 25 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 governmental responsibility, and it's something we really need to put in the Parks budget, and I think Parks is doing a much better job working with GSA, working with Public Works and Capital -- you know, you've got a whole lot of different people involved in this. They're doing a much better job, in my opinion, at least from what I've seen, but not a good enough job, butl do think we should own up to the responsibility of maintenance, but the programming -- the issues you've just talked about, for example, with that new park, we've got to look for cooperative relationships, management agreements, vending machines, the kind of thing -- and I'm 100 percent supportive of your efforts in this regard. Vice Chairman Sanchez: Thank you. Mr. Corrada: Thank you, Commissioners. Chairman Teele: You had another item, Commissioner Sanchez. Priscilla A. Thompson (City Clerk): I'm sorry. We haven't taken a vote on that one. Vice Chairman Sanchez: No. We have to vote on it. It was open for discussion. No vote has been taken, so -- Chairman Teele: Was there a motion? Ms. Thompson: Yes, there was. Vice Chairman Sanchez: Yeah. Motion and a second. Call the question. Chairman Teele: All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed. Didn't you have a second item? Vice Chairman Sanchez: Well, the -- yeah. It was the other one, D3.2, which basically focus also -- I just put them all together. Discussion concerning proper staffing and maintenance in the parks in my districts, and it's basically --I mean, we need to focus on that. It's just going to be -- it's a problem right now, and it's just going to get worse and worse if we don't focus on it. Now, let me just -- How many parks in our City -- and we're talking about parks that have high usage -- how many of those parks have concessions in them? Mr. Corrada: We don't have concessions in many of the parks. We have some agreements with some small local vendors in a couple of parks, but we do not have any citywide concessions. We've been approached by a number of vending machine companies that are willing to give us upfront monies to come into the parks with a profit basis attached to it. As a matter of fact, we -- I was approached yesterday by a concessionaire that wanted to set up concessions at the beach that we operate through the Parks Department, and alongside some of the waterside parks that we have, Kennedy Park, Margaret Pace Park. We're constantly approached by vendors that would like to do business to generate profits for parks. They're doing it in other municipalities, so that's an avenue that we could explore. Vice Chairman Sanchez: I think this administration should explore all possibilities pertaining to bringing revenues into parks, whether it be advertisement -- if you go out throughout Florida, you see a lot of these baseball fields. They all have signages (sic) in the back by major companies sponsorship, advertisement where it may be in trashcans, if you decide to do that. That's a -- City ofMiami Page 26 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 Mr. Corrada: We've been approached by an organization to do trash -- Vice Chairman Sanchez: That's a revenue maker. Concessions, if we don't want to run them, I think that we should renegotiate them, fix them up, and then put them out and bring in more revenues. I think that we really have not even made a reasonable effort to try to bring in and upgrade what's there already with the possibility of bringing in more resources. Mr. Arriola: Commissioner, let me ask for no more than 90 days, we'll come back to you, and I'm saying 90 days. We'll do it sooner, but, you know, just give us the time, and let's give you a study on it, and I think, within a very short period of time, if this is your indication, we can go with an RFP (Request for Proposals) for -- there's vending machines and that sort of thing that we can generate some income, so -- Vice Chairman Sanchez: 2'03 (sic) generated one point twenty-nine, right, in revenues? Mr. Corrada: Yes, sir. Yes, Commissioner. In fiscal year 2003, we generated those dollars primarily through park rentals, party rentals, you name it. After school camps -- Vice Chairman Sanchez: OK. Mr. Corrada: -- summer camps, learn to swim -- Vice Chairman Sanchez: 2'02 (sic), you generated nine thirty-six. Mr. Corrada: Yes, sir. Vice Chairman Sanchez: OK, so you've had an increase. What have you done to obtain that increase? Mr. Corrada: Again, additional programming, things that appeal to the community. The more and more activities we produce, the more interest there is, so it's been pretty much close to the million dollar mark for a while. Vice Chairman Sanchez: But you're heading in the right direction. Thank you, Mr. Chairman. D3.2 04-00113 DISCUSSION ITEM DISCUSSION CONCERNING PROPER STAFFING AND MAINTENANCE OF DISTRICT 3 PARKS. 04-00113-email. pdf DISCUSSED Direction to the Administration: by Vice Chairman Sanchez to explore all possibilities pertaining to bringing revenues into parks including concessions and advertising. City ofMiami Page 27 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 04-00063 DISCUSSION ITEM DISCUSSION CONCERNING PROSTITUTION IN THE FLAGAMI AREA. 04-00063-cover memo.pdf DISCUSSED This item was discussed and resulted in a resolution (see below): (D4.1) 04-00117 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ROLLOVER OF FUNDS, IN AN AMOUNT NOT TO EXCEED $10,000, TO THE CITY OF MIAMI DEPARTMENT OF POLICE, TO COMBAT PROSTITUTION IN THE DISTRICT 4 FLAGAMI AREA; ALLOCATING FUNDS FROM THE 2003 DISTRICT 4 OFFICE BUDGET NON - DEPARTMENTAL ACCOUNT CODE NO. 001000.920919.6.930, SUBJECT TO BUDGETARY APPROVAL. Motion by Commissioner Regalado, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0075 Chairman Teele: All right. Prostitution, please. Commissioner Regalado: Thank you very much, Mr. Chairman. Last December I saw Chief Fernandez in the children's activity in Coconut Grove Convention Center, and I told the Chief that we had had many, many complaints about prostitution in the Flagler Street and Southwest 8 th Sfreet Corridor. I have sent the Manager many e-mails. I've gotten the number of e-mails, phone calls, even faxes "Attention: Chief of Flagami Police, Commissioner Tomas Regalado, many, many concerned neighbors, help us stop prostitution." Even draw, you know, those little ladies there. One day, one single day, especially in weekends, there are -- I have counted between eight and nine ladies of the night and ladies of the day in one block, from 37th Avenue to 57th Avenue, on the Flagler Street and the Southwest 8th Sfreet Corridor. Commissioner Gonzalez: Let me correct you on -- Commissioner Regalado: Huh? Commissioner Gonzalez: Let me correct you on that. From 32nd Avenue. Commissioner Regalado: From 32nd Avenue, because they've been pushed, but mainly they concentrated on 37th -- from 37th to 57th. There was an NRO (Neighborhood Resource Officer) at that time that said, "By the way, we arrested a taxi driver that confessed that he drove some of these ladies from Broward to the Flagami area." This has become worst as the days go by. City ofMiami Page 28 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 Residents are getting into fights with these ladies. One of them, for instance, threw a rock and -- one of the prostitutes threw a rock and broke a window in one house. I think you know about that incident. Others said, "Well, you know, if -- I don't care about the police. If I'm caught, they give me a plane ticket, but they're going to bring another one, " which lead me to believe, they drive in with Mercedes. They are dropped off by high-priced people, but in the streets and avenues inside Flagler and 8th Street, now there is this drug selling and apparently the gentleman that accompany the ladies are giving them drugs as payment. I don't know what is going on. I know that the police have done several raids. I know that there have been several arrests. Pablo Camacho that works in my office has been in contact with the police, and by the way, he's only doing that -- visiting the people, trying to calm the people down. Chief I know that you started a very aggressive campaign, but we've got to tell the people something, and I wish that you tell me. I do have another thing, and we consulted with Larry Spring and when you finish, I'd like to present a motion regarding money for overtime, and -- so, I wish that you tell my colleagues that I'm not crazy, that the problem is really bad, at least that's what some of the police officers have told me. Frank Fernandez: Frank Fernandez, Deputy Chief Miami Police. Good afternoon, Commissioners, and Commissioner Regalado, you're absolutely right. This is not your regular streetwalker that are walking the street. This is not the regular prostitution that we've seen from years and years in the past. This is organized crime. These are -- this is an organized group that's coming down and bringing women from all over the country down to South Florida. We're not just seeing it on 8th Street, but we're seeing it also on Biscayne Boulevard. Now, we've analyzed the problem. We've developed a strategy to -- and we're implementing it, and we've actually, in this implementation stage that we're at now -- and you've seen the results -- we're going to make sure that we're evaluating it consistently to make sure that our processes are in place and are effective, and if they're not, we're going to be readjusting as we go along, but let me just give you a quick snapshot of our results so far. Subsequent to your conversation with me at the holiday celebration here, which was in late December, we immediately took action to address the issue on Flagler and 52ndAvenue, and since then we've done a number of operations for prostitution details. In January, we made 16 felony arrests in Flagami, 17 misdemeanors. Of those, we mapped out three females. It takes a process to pick them up and it takes a process to get them mapped out, so we've got three females that are mapped out, and as all of you know, the mapping process is a form of probation. They get caught again and they get -- they usually should get a more stiffer penalty. We're consistently doing these processing operations and we're going to have to maintain a constant pressure. This is not going to go away. This is not like we've seen in the past where we see average street walk, and we go and we do an operation. They go away for a couple of months, and we've got to maintain it. This is organized crime. These are females that, like you heard from the people in the community, that are coming in different shapes, sizes. They're just coming from everywhere. I'm sorry? Commissioner Gonzalez: Using different types of (INAUDIBLE). Mr. Fernandez: Yes, absolutely true, and different methods of getting picked up. They have call services, but we have a plan in place that we feel is progressively getting better and progressively being more and more effective. As you know, we do have operations. I don't want to elaborate any further than that because people know what we're doing, but do want to assure the Commission, I do want to assure the public that we're taking this very seriously. Chief Timoney has his firsthand knowledge of this issue, and it's a top priority for him. Why? Because it's affecting the quality of life of our community. Again, we're addressing this, not just in Flagami, but also in Upper Eastside, and we're assessing neighborhood through our Comstock process to make sure that it's not affecting Little Havana or downtown or Model City. In those areas we see a peak coming up, we're taking a very aggressive stance on it. Commissioner Regalado: Chief I -- of the money that was left from last year's budget from my office, we have consulted with the Budget Director, and I'd like to present a resolution City ofMiami Page 29 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 authorizing the rollover of funds in an amount not to exceed ten thousand dollars to the City of Miami Department of Police to combat prostitution in the District 4 Flagami area, the Flagler and the Southwest 8th Street Corridor. The impacted area is so large that understand that the manpower is not enough. The problem is that as days go by, the ones in Flagler are going north to 1st and 2nd and 3rd Street. The ones in Southwest 8th Street are going north also to Southwest 7th, 6th and 5th Street, and they congregate around the houses. There is a house that I told you about, and I sent the Manager several -- 248 Southwest 48th Court, where daily there was drug trafficking in front of the house and the people like were -- like, you know, really upset because of those deals that went on in front of the house, so I don't know if this is -- I don't think it's enough, butt hope that you use this money to very aggressive address this issue because, you know, you go by there one week and then you leave, but they're coming back. In fact, as you say, it's very organized and these ladies are very defiant. They engage in fights with the residents and they say, "Don't worry. You know, we're coming back. You know, we're going to come back here because this is our street, " and people get very frustrated and they demand action, so, Mr. Chairman, my motion is to use the rollover of ten thousand dollars from District 4 office for the Department of Police to combat prostitution in the District 4 Flagami area -- Vice Chairman Sanchez: Second. Commissioner Regalado: -- allocating funds from the 2003 District 4 office budget, non departmental account code number 001000820919, subject to budgetary approval. That's my motion. Chairman Teele: Moved by Commissioner Regalado. Second by Commissioner -- Vice Chairman Sanchez. Let me say this to you, Chief. IfI were in your shoes, I would not accept the money. I really wouldn't, because I think it's -- it really send -- you know, it sends a terrible signal when a Commissioner has got to take his staff money and fight prostitution. I mean, it really says a statement, and if you can figure out how not to take it, I have some plans for the money, but jokingly, but in all seriousness, I mean, you know, let's pass this resolution, but ifI were you guys, I would really work like the devil to develop a program and not use that money, because at the end of the day -- you know, what's your annual budget -- what's the budget of the Police Department? Mr. Fernandez: The budget of the Police Department, 97. Approximately 97. Chairman Teele: Ninety-seven million, not fully loaded. It's more than that loaded, I'm sure. What's the loaded number, Madam -- Vice Chairman Sanchez: 140. Linda Haskins: The full (UNINTELLIGIBLE) number is approximately a hundred and fifty million. Vice Chairman Sanchez: Wow. Chairman Teele: One one five. Ms. Haskins: 150. Chairman Teele: 150? Vice Chairman Sanchez: 150. I was off by 10 mill. Chairman Teele: So, you know -- yeah, you're right there, a hundred and forty million, so the ninety-seven million dollars is what the public sees. That's the number, but when you fully load City ofMiami Page 30 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 and you -- what does that mean? It means the cost of gasoline and repairs and GSA (General ServicesAdministration) costs and Asset Management or the Risk Management Office and all of that -- that's a big number. It's Risk Management, isn't it? Ms. Haskins: Yeah. The largest numbers are Risk Management Pension Group Insurance -- well, group insurance is in there. I'm sorry, for police, but -- and then you have the other allocated costs you mentioned. Chairman Teele: So, you know, we're talking about a hundred and fifty million dollar budget, and if you really need ten thousand dollars to solve a problem in a district, we really got a problem, so, I mean, I think, you know, we're going to pass this, butt would work -- my advice to you is to work like the devil not to use that money and develop a plan, because I think it just sets a dangerous precedent. I can tell you right now that if another Commissioner's got the problem, it's not fair to look to him to try to come up with money to fight crime or prostitution, and Commissioner Winton's got probably the -- used to have the biggest problem; that is, until the Chief moved on Biscayne Boulevard or somewhere nearby. Now the prostitutes are being run into Little Haiti. See, they're crossing the railroad tracks now. If you drive across the railroad track, three blocks over, they're in there, and I don't have that kind of money from my office budget to do it. I just think it sets a bad precedent -- Commissioner Winton: Awful. Chairman Teele: -- but it's a motion. It's seconded. Commissioner Regalado: It's -- it may be a bad precedent, but it's a call of desperation by the residents, and that is the basic -- the Flagami area, from 27th Avenue to the Palmetto Expressway, in one regular shift maybe, they have three police officers. They cannot handle the largest territorial area west of 27th with three police officers, so what I'm trying to do is trying to give them the possibility of using that money, besides the money that they have, for overtime. I know that there's overtime being expended in the Coral Way area, but let me tell you -- and that's another thing -- robberies in the Coral Way area, as you know, have increased. We had had six murders in the Coral Way area this year, and this is not to blame the Police Department. These were random, suicide, you know, murders, fights, but -- so the people are not very afraid of the murder thing, but they're complaints of robberies and burglaries in the Coral Way area, like -- and I know that the overtime has been used to quality of life things, like drinking in public and homeless thing and all that, but I will tell you. The largest complaint that we get in our office is because of the prostitution. I can send you copies of all these e-mails. Very well written. People that are hurting because they -- professionals that have moved to Flagami, that they cannot stand the fact that they have to see at 7 a.m. in the morning eight or nine ladies waving and stopping all the cars and their husband, and, you know, and it's very uncomfortable for them. Chairman Teele: All right. The motion reoccurs and the question is before us. All those in favor say, "aye." The Commission (Collectively): Aye. Chairman Teele: All those opposed have the same right. The item is unanimously adopted. Commissioner Gonzalez: But Mr. Chairman -- Chairman Teele: Commissioner Gonzalez. Commissioner Gonzalez: If you allow me, I would like to make a statement because -- Chairman Teele: Yes. City ofMiami Page 31 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 Commissioner Gonzalez: -- I think that it's only fair and it's only honest that I make this comment. Working on the Quality of Life Task Force Friday nights and Saturday nights, I've been out there specifically in the area of Flagler Street and Southwest 8th Street until about 4 a. m. in the morning, and Commissioner Regalado, I can assure you that the problem is not under control, and probably they need more resources to solve this problem, but I have seen the police acting against prostitution, and something that I have noticed -- and I made a comment to the person that was with me on Saturday night that the girls that you see this weekend, you don't see next weekend. It's different faces, different, you know -- but I have -- I can assure you, you know, by being out there, that they are trying to -- Commissioner Regalado: Angel, but this is not -- these ladies are not the bar crowd. Commissioner Gonzalez: No, no, no, no. Commissioner Regalado: These -- What you say is true. These ladies are very well dressed. They come -- they are driven from Broward and Palm Beach, but there's a lot of them. Commissioner Gonzalez: I know. Commissioner Regalado: I mean -- and this doesn't have to do anything with the Quality of Life campaign. Commissioner Gonzalez: No. What I'm telling you is -- Commissioner Regalado: This is -- Commissioner Gonzalez: What I'm telling you is, while I'm working with the Quality of Life Task Force out there, I have noticed the police is stopping these girls and asking questions, but I -- like you say, I have seen a brand new Cadillac unloading four and five of these girls at a corner, and specifically on Flagler Street and 43rd Avenue. Commissioner Regalado: Yeah. Commissioner Gonzalez: You know. Chairman Teele: All right. Now, gentlemen, let me do this, for the good of the order. Let me remind you that as Commissioners, you are not deputized to conduct your own undercover operations. Commissioner Gonzalez: I asked that I be -- Chairman Teele: And we've had some history in the past, in -- of people conducting their own undercover investigations and -- Commissioner Gonzalez: I don't have blue lights in my car. I don't have blue light, red light or yellow lights. Chairman Teele: -- and we don't -- it is the official policy of this Commission that no Commissioner is authorized to conduct their own undercover investigations relating to prostitution. Commissioner Regalado: But, but, but -- Chairman, but a journalist is authorized. Chairman Teele: At your own risk, Commissioner. City ofMiami Page 32 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 Vice Chairman Sanchez: All right. Chairman Teele: At your own risk. D4.2 04-00070 DISCUSSION ITEM DISCUSSION DIRECTING THE ADMINISTRATION TO INITIATE A STUDY OF THE LEJEUNE 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; FURTHER REQUESTING THAT THE ADMINISTRATION REPORT THESE FINDINGS TO THE CITY COMMISSION WITHIN A PERIOD OF 120 DAYS. 04-00070-cover memo.pdf 04-00070 - Gables study.pdf Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and was passed unanimously, to direct the adminisfration to extend the study of the LeJeune Road Corridor including a review and analysis of the demographics of the unincorporated area from S . W. 8th Street to S.W. 16th Sfreet and from S.W. 42nd Avenue to S. W. 47th Avenue, also known as Little Gables, further requesting that the Administration report these findings to the City Commission within 60 days. Commissioner Regalado: The other item, it's a discussion regarding the study of LeJeune Road Corridor. Chairman Teele: Where is -- Is Mayor Conway all right? Did somebody -- Is she here today? Where are our transportation people? Where's our Public Works? When we said we were bringing this thing up for Commissioner Regalado, Mr. Manager, they should have all been out here. Commissioner Regalado: Well, anyway -- Commissioner Winton: They're all -- this is (INAUDIBLE) Commissioner Regalado: Let me tell you. The LeJeune Road Corridor is one of the most important for the City. Actually, it's the most traveled since the people that land at Miami International Airport have to go through LeJeune, either to go to the City or to Coral Gables, or to West Miami or South Miami. Excuse me. We need to do a study, and it's -- the same study has been done regarding the planning in the LeJeune Corridor from at least from Northwest 7th Sfreet to the City limits in Southwest 8th Sfreet. My motion is to direct the adminisfration to extend that study to unincorporated area, from Southwest 8th Sfreet to 16th Street, and from Southwest 3rd -- 37th Avenue to 47th Avenue. Actually, this is wrong. It's 42nd Avenue to 47th Avenue. This is the area known as Little Gables. Chairman Teele: All right. Does the -- does Commissioner Gonzalez and the Clerk understand the area that we're talking about? Are we clear on this? City ofMiami Page 33 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 Commissioner Gonzalez: Yes, Mr. Chairman. I -- Chairman Teele: Let's make this as a motion by Commissioner Regalado, seconded by you, Commissioner Gonzalez? Commissioner Gonzalez: Yes, sir. Chairman Teele: Discussion. Commissioner Gonzalez: I would like to add that, you know, we've been working on this process for about a year, probably more than a year, and we will probably have a presentation before the Commission within about -- probably within about 60 days, and, yeah, we have no problem in looking into these specific areas and fry to, you know, work on it. Commissioner Regalado: This is the area known as Little Gables. Commissioner Gonzalez: I know the area. Commissioner Regalado: It's an area that has 3, 753 residents. This is in unincorporated Dade County. The City of Coral Gables wanted to incorporate Little Gables, but something happened. They -- there was a poll -- they did a poll in the City of Coral Gables, and the residents overwhelmingly said no. The City has done a study done by FIU (Florida International University). It would be a plus and a gain of three hundred thousand dollars to the City of Miami if we were to incorporate that area. The residents are divided. Some want to go to Coral Gables. Some want to go to the City ofMiami. What they don't want is to be in the County because of the time -- this is an enclave in the middle ofMiami, Coral Gables, West Miami, and police have to come from the airport. It's a very messy situation. They could -- Chairman Teele: All right. Could we get the boundaries clarified for the record? Commissioner Regalado: 37th -- 42ndAvenue -- Vice Chairman Sanchez: So, this is just a study? Commissioner Regalado: Yeah. Vice Chairman Sanchez: We're not entertaining or discussing any annexation. Commissioner Regalado: No, no, no, no. Vice Chairman Sanchez: OK. Commissioner Regalado: It's a study to see -- Vice Chairman Sanchez: OK. Commissioner Regalado: -- what this is all about. The boundaries are from Southwest 8th Sfreet to Southwest 16th Sfreet, from Southwest 42nd Avenue to Southwest -- Commissioner Gonzalez: 47th Avenue. Commissioner Regalado: -- 47th Avenue, and that is the area known as Little Gables. Commissioner Gonzalez: I will incorporate in the study this particular area, and then we will City ofMiami Page 34 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 report back to the Commission, like I said, probably in 60 days. Chairman Teele: OK. So, here it says 120, so you'll get it done in half the time this way. All right. We have a motion and a second, as amended. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed. D4.3 04-00074 DISCUSSION ITEM DISCUSSION RELATED TO AN INCREASE OF $10,000 IN THE EXISTING CONTRACT WITH T.J. PAVEMENT CORP. FOR "PROJECT S.W. 11 STREET ROAD RECONSTRUCTION, B-5699," TO INCREASE THE SCOPE OF WORK TO BUILD ADDITIONAL CONCRETE SIDEWALKS, DRIVEWAYS, AND ROAD WORK. 04-00074-cover memo.pdf DISCUSSED This discussion resulted in a resolution (see below): Chairman Teele: All right. Let's turn this over to the Commissioner Tomas Regalado show, and take up -- Commissioner Winton: Are we going to do RE.1 ? Chairman Teele: Huh? RE.1, what was that? That's set for time certain of 3 p.m. Why would somebody set something like this for a time certain? Commissioner Winton: Yeah. Chairman Teele: That's the most ridiculous thing. IfI were frying to get something done, I would never ask for a time certain. You just go with the flow. Commissioner Winton: And wouldn't give it either. Chairman Teele: I don't know who gave it. I'm sure your staffgot it. All right. We're going to turn now to the District 4 items, and we're going to let Commissioner Regalado do his thing. Commissioner Regalado: Thank, Mr. Chairman. It's just that have several items that are needed to be discussed. We're just finishing the paving on Southwest 11 th Street on the Road Reconstruction Project B-5699, and we need to increase the scope of work to build additional concrete sidewalks, driveways, and roadwork on ten thousand dollars -- by ten thousand dollars. This been discussed with CIP (Capital Improvements Program) -- Commissioner Winton: Second the motion. Commissioner Regalado: -- and has been approved. That's my motion. Commissioner Winton: Second. Chairman Teele: Moved and second. Is there objection? All those in favor, signify by the sign of "aye." City ofMiami Page 35 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. The item is adopted. Commissioner Regalado: Thank you. (D4.3) 04-00126 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING AN INCREASE IN THE CONTRACT AWARDED TO T.J. PAVEMENT, CORP., PURSUANT TO RESOLUTION NO. 03-1009, ADOPTED SEPTEMBER 11, 2003, IN AN AMOUNT NOT TO EXCEED $8,000, FROM $83 ,212 TO $91,212, PLUS $12,788 FOR EXPENSES INCURRED BY THE CITY OF MIAMI, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $104,000, FOR THE PROJECT ENTITLED "SW 11 STREET RECONSTRUCTION PROJECT, B-5699;" ALLOCATING FUNDS FOR SAID INCREASE FROM CAPITAL IMPROVEMENTS PROJECTS ACCOUNT NO. 311714, ENTITLED " DISTRICT 4 NEIGHBORHOOD QUALITY OF LIFE IMPROVEMENTS;" AMENDING RESOLUTION NO. 03-1009, TO REFLECT SAID INCREASE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM. 04-00126.exh ibit.Contract.pdf Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0087 D4.4 04-00088 DISCUSSION ITEM DISCUSSION CONCERNING AN UPDATE FROM THE CITY CLERK ON RESOLUTION #04-00060, URGING THE MIAMI-DADE COUNTY SUPERVISOR OF ELECTIONS TO ALLOW THE CITY OF MIAMI TWO ADDITIONAL EARLY VOTING SITES FOR THE PRESIDENTIAL PRIMARY ON MARCH 9, 2004. 04-00088-cover memo.pdf 04-00088 - correspondence.pdf DISCUSSED Note for the Record: Commissioner Regalado requested the Supervisor of Elections, Constance Kaplan, to provide additional sites in the City ofMiami to accommodate early voting for the November 2004 Presidential Election. Note for the Record: Chairman Teele requested Ms. Kaplan to provide records of the election turnouts for the November 2003 City ofMiami Election. Chairman Teele: Now, it's my understanding that we have a distinguished guest in the audience that should be either recognized or heard from. Madam Clerk? City ofMiami Page 36 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 Priscilla A. Thompson (City Clerk): Yes, sir. Commissioner, under District 4, the item that we're talking about relates to the update on the request for two additional early voting sites in the City ofMiami. That would be Item D4.4 found at Page 16. Chairman Teele: All right, and the distinguished guest, of course, is our constitutional officer of Dade County, Miami -Dade County, the Supervisor of Elections, Constance A. Kaplan. Ms. Kaplan, are you here, and would you like to give us the good news or the -- Commissioner Regalado: I think she's here, but not with good news. Chairman Teele: Well -- Constance Kaplan (Supervisor of Elections, Miami -Dade County): I'm very pleased to be here. Thank you for inviting me. Chairman Teele: Ms. Kaplan, just state your name and title for the record and -- Ms. Kaplan: Constance A. Kaplan, Supervisor of Elections, Miami -Dade County. Chairman Teele: Thank you for taking the time personally to come down. Ms. Kaplan: Thank you. Chairman Teele: If I'd been in your shoes, I would have sent one of my subordinates. Ms. Kaplan: Yeah. No, I do feel I've talked with the Clerk kind of at length, and I, unfortunately, cannot approve the resolution or agree to the resolution of adding additional sites in the City ofMiami. I believe you're aware that on March 9th, it is a countywide election, and early voting, the way it was established initially in November of 2002, allowed for one location per County district, and this is the same process that we're going to be following for the March 9 th election. At this point, we are using County facilities with a majority of them libraries, as well as the Stephen P. Clark Center, which is in Miami. There is on the horizon legislation that should go into effect in August -- prior to August -- that will standardize the entire early voting procedure, but in order to accommodate and add two more locations just in the City ofMiami, it would not be fair to the rest of the County and again, this is a countywide election, and this is why I really cannot agree to that at this point. Chairman Teele: Commissioner Regalado has the item. Commissioner Regalado: Thank you very much. The reason that we requested the possibility is because we were ready to take on the responsibility of the cost and the site. One mentioned was Hadley Park which is -- it covers an area of a heavily democratic population, and also elderly population. The early voting in the last election in November turned out to be a good thing, because many people were able to vote at their time frame and this is why we requested this site. The Stephen Clark Center in downtown Miami is very difficult for the poor people to reach. You have to either be bused or you have to travel and park, and it's very complicated. The March Presidential Primary is important for a large segment of the community, especially in the Afro- American community, as you know, where statistics shows that there is a large majority of democratic -- Democrats in the voter roster. That's why we requested two. For the general election of November, the presidential election, we were hoping to have several early voting sites, but I cannot understand why, if the City ofMiami is served by four County Commissioners, we cannot have at least one or two additional early voting sites. Would that be at the preference of the Commissioners serving the area, or that be your decision? City ofMiami Page 37 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 Ms. Kaplan: Well, at this point, it would be my decision. One of my concerns -- and as you indicated, you are basically asking me to serve a certain segment of the population more so than I would anyone else in the County, because they may come out and vote in heavier numbers, and that, to me, is really something that I have to look at very carefully. My mandate is to serve the entire County, and so were I to give preferential treatment to a political segment, it would be very inappropriate, I believe. Commissioner Regalado: No, but excuse me, Ms. Kaplan. This is not about -- the City ofMiami -- how many voters we have in Miami -Dade County? We have 282, 000. Ms. Kaplan: In the County? Commissioner Regalado: In the County. Ms. Kaplan: 950, 000. Commissioner Regalado: 950, 000. Ms. Kaplan: Right. Commissioner Regalado: The City ofMiami registered voters, 136,000 voters. Ms. Kaplan: OK. Commissioner Regalado: So we have like 1/8th of the whole voting population in Miami -Dade County. You have 13 Commissioners, so you have 13 early voting sites. Ms. Kaplan: 14, counting the Clark Center. That's our 14th site. Commissioner Regalado: So don't you think that the most heavily populated City deserves more than one? Ms. Kaplan: Again -- Commissioner Regalado: And it's not about being Democrat. Ms. Kaplan: OK. Commissioner Regalado: It's about serving the disadvantaged people and making it easier for the people to vote. Ms. Kaplan: See, early voting, as you are pointing out, is a convenience for voters. It is just one of other conveniences, which is voting by mail, as well. Early voting gives them an opportunity to vote in advance of the election, and especially for people who don't want to go to their polling place. With 34 municipalities in the County, if every municipality were to make that type of request, it isn't something that we could evenly distribute throughout the County or agree to. It is not just the cost factor. It is also, again, frying to come up with a formula that is fair to the whole County. Now, in the legislation that is pending in Tallahassee, I believe they are looking at one site per 100,000 voters, which, for our County, would require us, at a minimum, to have nine sites, and we are now having 14 sites in the County already, so, again, certainly, if we could come up with another way of serving the population of the County equally, I would be more than willing to look at it, but for the countywide election, I'm following what was set up in November of '02, which was, again, one location per district, which we hope are centrally located. They are in libraries throughout the County and they're in County facilities. City ofMiami Page 38 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 Commissioner Regalado: But excuse me. On November, last November, we had two early voting sites in the City ofMiami plus the County building, so there were three. Now, you're denying -- so what happened in between? Ms. Kaplan: OK. Well, first off in November of '03, that was your municipal election, and you had two specific early voting sites. You had 104 people vote in those at a cost of twelve thousand, ninety-nine dollars, or approximately a hundred and sixteen dollars a voter -- Commissioner Winton: Wow. Ms. Kaplan: -- for those two early voting sites. Now, I might make a comparison with South Miami that voted on Tuesday. They had one location for early voting, and I believe it was four or five days. They had 561 voters. They had almost ten percent turnout. Commissioner Regalado: But may I say that when this Commission decided to have two early voting, it wasn't aware that two of the three candidates did not have any opposition and that the third candidate had none -- it's minimal; that the only issues were ballot questions and that the turnout will be -- in the presidential election in November, it will be very different, much different . If you follow the pattern of the different voting blocks in the City ofMiami, it would be from nine percent to, I'm sure, 50 or more percent on the presidential election, and that's my issue. I think, you know, that you ought to give us a hand in trying at least for November of having early voting sites. Ms. Kaplan: And if you will allow me, I would like -- we will be looking at the issue of early voting more extensively for both August and November. Again, once legislation is put in place, it's going to mandate us to do that, and certainly, I agree with what you're saying as far as trying to accommodate in the most effective way we can. It is something we will be looking at. Commissioner Regalado: OK. Mr. Chairman I -- Alejandro Vilarello (City Attorney): Mr. Chairman. Chairman Teele: Mr. Attorney. Mr. Vilarello: Could I ask the Supervisor of Elections if her concerns are related to a legal concern of fairness or simply a policy consideration? Because early voting is discretionary and the City Commission agreed to pay the cost associated with the early voting location. Is there a legal concern? Ms. Kaplan: I am concerned about the fairness since it is a countywide election. I am concerned about, again, treating the entire County and having a plan in place that assures fairness. I don't want to discriminate against one area of the County in favor of another, and legally, as I said, you're right, it is a discretion right now to even do early voting. Mr. Vilarello: Exactly, and the City Commission agreed to pay for it, so I was just -- so it's a policy consideration versus a legal concern? Ms. Kaplan: Right. Commissioner Regalado: I just don't understand -- excuse me. I feel that you are discriminating against the City ofMiami, because it's mathematical. If you have 14 districts, 14 early voting sites and for 900,000 voters, and the City ofMiami only has one for 136, so there are 13 for the rest. Commissioner Winton: No, we have none, because the one that we have, she said is the 14th, so City ofMiami Page 39 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 it isn't tied to any of the County Commissioners. Commissioner Regalado: Exactly. No, that's what I'm saying. Commissioner Winton: So, in fact, we have zero. We have zero. Commissioner Regalado: That's exactly what I'm saying. Commissioner Winton: We have zero. Commissioner Regalado: I say that you are discriminating against the City ofMiami. Chairman Teele: Let me see ifI can -- you know, there's a line in Animal Farm, the book, Orwell, all animals are equal, but some animals are more equal than others, and your rationale sort of reminds me of that. Do you believe that the 14 polling places, early polling places is fair and represents equality to the County? Ms. Kaplan: I believe that the City ofMiami has a site that is -- Chairman Teele: No, no, no, that's not my question. Ms. Kaplan: -- on the line -- Chairman Teele: That's not my question. My question -- Ms. Kaplan: I believe having one per district is fair to the County. Chairman Teele: You believe that the 14 polling sites is fair to the County, to all of the County voters? Ms. Kaplan: Yes. Chairman Teele: So then, by argument, you're saying that if there is a 15th, it's going to be unfair to somebody. That's the argument that you're making now. I mean, think about your argument, and forget the City for a minute and forget -- Ms. Kaplan: OK. Chairman Teele: You know, the demographics -- and I'm appreciative that this Republican is fighting so hard for my Democrats in my district and I don't want anybody that's watching this -- Commissioner Regalado: One man, one vote. Chairman Teele: I don't want anybody that's watching this to think that I'm not appreciative of your efforts, but Commissioner Regalado is right, but what he hasn't said is that the median age, the median age of the precincts in and around the area that he designated, I would be willing to bet you the median age is over 68 years of age. I would be willing to bet you if you take the five or six precincts around the Hadley Park area, the median age would be in the 70s. Now, let me ask you this, then: Does it matter if someone is older and infirmed? Do we have any obligation for those people under the Voting Rights Act and under your concept of fairness? I mean, does a full-blooded decathlon winner have the same rights as an elderly or vice -versa? Ms. Kaplan: Again, early voting is just an option. That is not the only way to vote. There's absentee voting and early precinct voting. City ofMiami Page 40 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 Chairman Teele: And I will say this to everybody that has ever been around me in an election. I don't support absentee ballots and I don't support all this other stuff because there's so much technicalities that can be done wrong that can -- those who are in favor of voting by mail and these absentee ballots, go ahead and do it. I'm not against it, but the technicalities and the exactness of the methodology in which a signature is witnessed and signed and all of that -- I have served as a -- Ms. Kaplan: Canvassing Board? Chairman Teele: -- a Canvass Board member many, many times, and I've thrown out hundreds of ballots on technical issues that they did not conform with. The way to avoid all of that is to do early voting. Early voting ballots never get thrown out. Is that a relatively fair statement that early voting -- ballots cast by early voting are rarely if ever disqualified. Ms. Kaplan: Early voting is on the electronic equipment, not paper. Chairman Teele: I understand, but the fact is they are rarely if ever disqualified. Ms. Kaplan: They can't be. It's on -site voting, right. Chairman Teele: So we're saying the same thing. On the other hand, absentee ballots are frequently -- there will be incidents in every election in which absentee ballots -- some absentee ballots are disqualified. Is that a fair statement? Ms. Kaplan: That's a fair statement. Chairman Teele: So my point of view is, with all due regards to the cost, it is really a much better and fail-safe system for elderly voters, particularly, those voters who are inconvenienced by the -- by getting to a polling place, who are concerned about the weather on voting day, et cetera, to vote by early voting, and it allows for an orderly way to mobilize and do this. I don't find at all that what the Commissioner is requesting, especially if the City is prepared to vote to pay for it, because I'm not there yet. Commissioner Winton: I didn't know we voted -- Chairman Teele: I'm not there on the pay part yet, but I think his request is fair, and I'm a little bit concerned that you would say we've got a system that's fair and any enhancements to that system makes it unfair. Ms. Kaplan: I'm saying right now the system we have is what we're using for the March 9th election. We will look at some of the issues that you have brought out and see whether we can determine a better and possibly more equal distribution of sites, but at this point, I have municipalities that don't have one location for early voting within their limits, so again, a fairness of having locations in every municipality is not a criteria that I can go by. Commissioner Gonzalez: Mr. Chairman. Chairman Teele: Commissioner Gonzalez. Commissioner Gonzalez: Ma'am, are you comparing the City of South Miami to the City of Miami when you say one municipality is getting one place for early voting? Are you trying to compare the City of South Miami with the City ofMiami? Ms. Kaplan: No. I was just indicating to you what early voting statistics had been recently. No, I'm not comparing the cities. I'm saying there are some cities that don't have one site in them. City ofMiami Page 41 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 That's all I'm saying. Chairman Teele: Well, if there are 34 municipalities -- did you say there are 34? Ms. Kaplan: Mm-hmm. Chairman Teele: There's at least 20 that don't have any, using your number, butl do think Commissioner Gonzalez' point is the point that needs to be kept in mind in the policy discussion. The City ofMiami is still the largest city in the State of Florida. It's not the largest city in Dade County. It's the largest incorporated city, excluding Duval County, which is both consolidated with the county and the city. It is the largest single city within a county in the 66 constituent situated counties in the State, and I think it's very ironic that the largest city in Florida doesn't have an early voting place. I think that's absolutely an ironic kind of situation that needs to be remedied. Commissioner Winton: Mr. Chairman. Chairman Teele: Commissioner Winton. Commissioner Winton: I haven't said anything, and I don't -- I haven't had any strong feelings about this issue. You know, this is an issue that Commissioner Regalado has championed, and it hasn't been an issue that I've felt passionate about, and it's not an issue I still feel passionate about, but have sat and listened to the logic, and I understand your point about trying to change the system between now and March 9th, which isn't much time, so I'm prepared as one individual guy up here to say, OK, we won't do anything till March 9th, but where I would go is in listening to the logic, the logic fails me. The idea that you have arbitrarily decided -- not you, but the County Commission -- that there's 13 early polling stations, that's arbitrary and it's tied simply to the fact that there's 13 Commissioners. Well, that's arbitrary. When you talk about fairness, I consider the issue offairness to be tied much more to things like population, population density, population age, those kinds of issues. Those are the kinds of things that if you're coming and talking, that sounds fair to me, those issues, but the issue that a body determines that there's 13, because there's 13 of us, that isn't fairness. That's political, and so I would hope that when you come back, if this group agrees, because I'm only one vote, and they let you -- give you the opportunity to go back and rethink this whole thing and come back before us after March 9th, I would hope that you really consider real issues offairness and not a political issue of 13 County Commissioners, but a real issue offairness and accessibility to a different population. That's my view. Chairman Teele: Further discussion. Ms. Kaplan I have -- Commissioner Regalado: Excuse me. Mr. Chairman, just -- Chairman Teele: Commissioner Regalado. Commissioner Regalado: -- two favors that have to ask the Supervisor of Elections. Please consider the possibility of having early voting site centers for the presidential election, and we're not even asking on August 31 st, the countywide election, but the presidential election is very close to the hearts and minds of many residents in the City. Commissioner Winton: I agree with that, absolutely. Ms. Kaplan: You're absolutely correct. Commissioner Regalado: And the second favor, please change Commissioner Teele to the right voting place. He keeps voting on the wrong district. He will not be able to vote for him next City ofMiami Page 42 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 year. Ms. Kaplan: Did you get your new card, Commissioner, with the correct district? Just recently, a recent enclosed card that was hiding -- Chairman Teele: Ms. Kaplan, unfortunately -- unfortunately, I received a new card that moved us back to Comstock Elementary School, which is absolutely on the other side of the world from where those of us along 7th Avenue and that entire 530 precinct live. The problem was not Corpus Christi where that precinct was co -located with 529. The problem was you had put us in Commissioner Gonzalez' district. In other words, when you had tabulated the people in 530, you had assigned those people to the wrong Commission district, and that's a little bit difficult for me, in that I'm required to live in the district to be in Commissioner Gonzalez' district. I'd love to be able to vote for him, but -- so in undoing that, we went back to a different precinct, which is against all the traffic. It's very difficult to traverse the east/west area to get over there, and these -- 530 is right adjacent to 7th Avenue. Ms. Kaplan: And I know what you're saying, having looked at the map. Your precinct is a very long precinct, and certainly, that is the problem we have with polling places around the lines of precincts. Chairman Teele: All right. Ms. Kaplan: And that's something we will look at, as well, and I appreciate your recommendations. I will honestly come up with a more focused plan, taking into account demographics and a lot of the other issues that have been raised today, and hopefully, we can come to a good accommodation with the City ofMiami. Chairman Teele: Ms. Kaplan, the final issue is I have never received a satisfactory or any real explanation for the results, the official tabulation of the last election of the City, and I would ask you again to look at that. Those numbers have changed at least three times. Fortunately, Commissioner Winton did not have a tough race, but if you go back and you look at your own numbers, the numbers have changed three times since we certified them. Ms. Kaplan: OK. I would have to go back to that. I do have a packet of information on the topics you just raised, but I wasn't aware of the changing numbers. Chairman Teele: Yes, of the results. Ms. Kaplan: Or certification. Chairman Teele: Of the results from your office. Ms. Kaplan: Yeah. Once they're certified, you don't change them. Chairman Teele: Well, that's what I thought. Ms. Kaplan: OK. I will look into that. Chairman Teele: OK, please. Ms. Kaplan: OK. Chairman Teele: Thank you very much. Ms. Kaplan: Thank you. City ofMiami Page 43 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 Commissioner Winton: Thank you. Commissioner Regalado: Thank you. D4.5 04-00103 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT (" AGREEMENT") BETWEEN THE CITY OF MIAMI AND THE MIAMI OVERSEAS ASSOCIATION, INC., FOR STORAGE OF SIX DRAGON BOATS AND USE OF A PORTION OF A BAY AT THE ORANGE BOWL WAREHOUSE PROPERTY LOCATED AT 1501 NORTHWEST 3RD STREET, MIAMI, FLORIDA, FOR THE DRAGON BOAT RACE EVENT ON FEBRUARY 15, 2004 THROUGH OCTOBER 31, 2004, AT A USE FEE OF $1.00 PER MONTH PLUS APPLICABLE FLORIDA STATE TAX, AND SUBJECT TO ALL OTHER TERMS AND CONDITIONS AS SET FORTH HEREIN. Motion by Commissioner Regalado, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0070 Commissioner Regalado: Mr. Chairman, I have a resolution of the City Commission authorizing the City Manager to execute a revocable license agreement between the City ofMiami and the Miami Overseas Chinese Association for storage of six dragon boats, use of a portion of an empty bay at the Orange Bowl warehouse, located at 1501 Northwest 3rd Street for the dragon boat race event. This is been -- the contract has been already done by the Manager's office, and by Lori Billberry in Asset Management. They have paid already the insurance, and they need this because the boats are on an empty lot, so the City has this empty space. As you know, we co -sponsored this boat race. That will be my motion. Vice Chairman Sanchez: Second. Chairman Teele: Is there objection? Commissioner Winton: One -- Chairman Teele: All in favor -- Commissioner Winton: One question. They're going to -- the boats are going to be there February through October? Commissioner Regalado: Yeah. Commissioner Winton: The race is in October, I'm assuming? Vice Chairman Sanchez: Yeah. Commissioner Regalado: October. Commissioner Winton: Great, and then they go out, right? City ofMiami Page 44 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 Commissioner Regalado: Yeah. Commissioner Winton: OK. Chairman Teele: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed. DISTRICT 5 CHAIRMAN ARTHUR E. TEELE, JR City ofMiami Page 45 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 PUBLIC HEARING PH.1 04-00040 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND B & B ENTERPRISES, FOR THE ACQUISITION OF PROPERTY LOCATED AT 247 NORTHEAST 59TH STREET, MIAMI, FLORIDA ("PROPERTY"), AS LEGALLY DESCRIBED IN THE AGREEMENT, IN CONNECTION WITH THE DEVELOPMENT OF LITTLE HAITI PARK, FOR A TOTAL PURCHASE PRICE OF $189,750, AND TO CONSUMMATE SAID TRANSACTION IN ACCORDANCE WITH THE TERMS OF THE AGREEMENT; FURTHER ALLOCATING FUNDS, IN THE TOTAL AMOUNT NOT TO EXCEED $215, 950, FROM THE $255 MILLION HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND FOR COSTS INCLUDING BUT NOT LIMITED TO SURVEYS, APPRAISALS, ENVIRONMENTAL REPORTS, TITLE INSURANCE, AND DEMOLITION. 04-00040-cover memo.pdf 04-00040-summary of salient facts.pdf 04-00040-valuation analysis.pdf 04-00040-previous legislation 1.pdf 04-00040-previous legislation 2.pdf 04-00040-public notice memo.pdf 04-00040-public notice .pdf 04-00040-exhibit- purchase agreement.pdf 04-00040 - map.pdf Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0068 Direction by Chairman Teele to the Administration to meet with Commissioners and head off speculators. Chairman Teele: Mr. Carswell, you're on. Public Hearing Items Number 1 and 2. Keith Carswell (Director, Economic Development): Good morning, Commissioners. Chairman Teele: You want to state on the record what we're -- what you're recommending? Mr. Carswell: OK. I want to -- I recommend the acquisitions. Chairman Teele: Your name and address for the record. Mr. Carswell: Keith Cars -- City ofMiami Page 46 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 Commissioner Winton: Microphone, Keith. Chairman Teele: Pull the microphone up. Commissioner Winton: All right. Mr. Carswell: Let me do one thing. Chairman Teele: Congratulations. Didn't you have a baby recently? Mr. Carswell: Yes, sir. Chairman Teele: So, you were up all night with the baby? Mr. Carswell: I beg your pardon? Chairman Teele: You were up all night with the baby? You seem a little -- Mr. Carswell: I'm learning that I don't need as much sleep as I once thought I did. Joe Arriola (City Manager): Ask him the name of the baby. Chairman Teele: What's the baby's name? Mr. Carswell: Matthew Allen. Chairman Teele: Matthew Allen. Mr. Arriola: What's the middle name? Allen? Mr. Carswell: Allen. Vice Chairman Sanchez: Allen. Mr. Carswell: Matthew Allen. Chairman Teele: Who's Allen? Mr. Arriola: He promised me he was going to name him Joe, so I'm kind of teasing him about that. Chairman Teele: You should have staff pass that out. Commissioner Winton: Yeah, exactly, so we move this along faster. Chairman Teele: We're trying to do the items that require four fifths vote. Mr. Carswell: OK. Keith Carswell, Director for the Department of Economic Development. What you have before you is really items PH 1 and PH 2, which are the acquisition of properties in connection with the Little Haiti Park development. The items under question -- if you take a look at the map, we're talking about 91 and 78, and the staff would recommend that we acquire these properties, and I would just like to note that 79 is under contract and we will be presenting that at the second meeting this month. Commissioner Winton: So move. City ofMiami Page 47 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 Commissioner Gonzalez: Second. Chairman Teele: This is a public hearing. Any persons desiring to be heard should come forward. There are no persons coming forward. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed. The Chair records a unanimous vote of 5 to 0. PH.2 04-00041 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT") BETWEEN THE CITY OF MIAMI AND BEN PUMO, REVOCABLE TRUST, ATTACHED AND INCORPORATED, FOR THE ACQUISITION OF PROPERTY LOCATED AT 6421 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, ("PROPERTY"), AS LEGALLY DESCRIBED IN THE AGREEMENT, IN CONNECTION WITH THE DEVELOPMENT OF LITTLE HAITI PARK, FOR A TOTAL PURCHASE PRICE OF $538,225 AND TO CONSUMMATE SAID TRANSACTION IN ACCORDANCE WITH THE TERMS OF THE AGREEMENT; ALLOCATING FUNDS, AT A TOTAL AMOUNT NOT TO EXCEED $576,270, FROM THE $255 MILLION HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND FOR COSTS INCLUDING BUT NOT LIMITED TO SURVEYS, APPRAISALS, ENVIRONMENTAL REPORTS, TITLE INSURANCE, AND DEMOLITION. 04-00041-cover memo.pdf 04-00041-summ. of salient facts.pdf 04-00041-sales comparison approach.pdf 04-00041-previous legislation 1.pdf 04-00041-previous legislation 2.pdf 04-00041-public notice memo.pdf 04-00041-public notice .pdf 04-00041-exhibit-purchase and sale agree.pdf Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0069 Direction to the City Manager: by Chairman Teele to meet with each Commissioner before making any recommendations regarding land acquisition for the proposed Little Haiti Park and to bring along the study done by the consulting firm Post, Buckley related to this; Chairman Teele further urged the Manager andAdministration to meet with the media on this issue. Commissioner Winton: Move PH.2. Chairman Teele: PH.2. Commissioner Winton: Move PH.2. City ofMiami Page 48 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 Commissioner Gonzalez: Second. Chairman Teele: This is a public hearing. Any person desiring to be heard on PH.2 should come forward. There are no persons coming forward. We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed. The Chair is recognizing -- recording a 5 to 0 vote. Mr. Carswell, before you leave, I know things have gotten very tough now, and I know that the lawyers and the manager is personally involved -- and, Mr. Manager, I want to commend you. It's my understanding that you all are going to be making some very tough recommendations, and I think it's very incumbent upon you all to meet with each of the Commissioners beforehand and take the Post Buckley study around, so as we look at these parcels -- because it's very clear that the price of everything is going up. The -- people are buying now ahead of the City. People that we have heard from in the past who have bought strategic land, and they're now offering it back to the City for two and three times what they just paid for it. Commissioner Winton: We got to condemn it. Chairman Teele: And, I think, you know, we need to understand that we're going to have to condemn to protect our own credibility, and to protect the project going forward, so I think it's really important for you all to meet with the Commissioners. Commissioner Winton: And to head off speculators. Chairman Teele: And to head off speculators. Commissioner Winton: Otherwise, we'll never get ahead of it. Mr. Carswell: We'll do it, Commissioner. Commissioner Winton: Thank you. Chairman Teele: Thank you very much. Joe Arriola (City Manager): Let me make a comment just to verify what you're saying. If you look at the property -- one of the properties we just bought today -- if -- I'm not going to mention the gentleman's name, but remember when we had all the protesters? Chairman Teele: Yeah. Mr. Arriola: One of the biggest protesters is the property owner of 91, and that kind of shows you that the City would never move, that this has been in his family for years and years, you know. Obviously, he -- money motivated him and he sold it, so this is all a game that a lot of these folks have played, and, you know, it's time for us to continue on our plan. Commissioner Winton: It's the game that's played in real estate every day, whether you're in the private sector or public sector. Chairman Teele: Unfortunately, though -- Johnny, you understand it, but the press didn't, and I think it's really incumbent, Mr. Manager, for you, with the attorneys and the staff to go by and meet with some of the media that it was taken in, especially the TV (television) media that was taken in by this. City ofMiami Page 49 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 Mr. Arriola: I agree with you, sir. Vice Chairman Sanchez: But, both of these purchases -- Mr. Carswell: Correct. Vice Chairman Sanchez: -- are very reasonable compared to what you've gone over the appraisal price. Very reasonable. Mr. Arriola: Yes. But it's just funny that, you know, when we finally told one of these property owners that we were no longer interested in the property at a public meeting, and I said, "I'm not going to buy it. Don't worry. You can keep it." Very shortly after that, they contacted Mr. Carswell and they were very willing to sell it. Vice Chairman Sanchez: I hope you're a good poker player. Mr. Arriola: Yeah. Mr. Carswell: It's actually both sites. Mr. Arriola: Both sites. Mr. Carswell: 91 and 79. Mr. Arriola: Yeah. Commissioner Winton: Thank you. Chairman Teele: Thank you very much. ORDINANCES - SECOND READING SR.1 04-00001 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT FROM THE MIAMI-DADE COUNTY DEPARTMENT OF CULTURAL AFFAIRS AND THE CULTURAL AFFAIRS COUNCIL FOR PROMOTIONAL MATERIALS FOR THE ICHIMURA MIAMI-JAPAN GARDEN ON WATSON ISLAND, IN THE AMOUNT OF $2,080, AUTHORIZING THE APPROPRIATION OF SAID GRANT FUNDS INTO DEPARTMENTAL REVENUE PROJECT NO. 050101.143; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT ACCEPTANCE OF SAID GRANT. 04-00001- cover memo.pdf Motion by Commissioner Winton, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele 12484 City ofMiami Page 50 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 Commissioner Regalado: What is SR -- Vice Chairman Sanchez: Where are we at? Chairman Teele: The next item -- we've got public hearing. I guess we got a public hearing, 1 and 2. Public hearing. Where's the -- Vice Chairman Sanchez: PA.3. We're on -- we just finished PA.2. Chairman Teele: Yeah. PA.3, we deferred. Vice Chairman Sanchez: OK. Alejandro Vilarello (City Attorney): Withdrawn. Chairman Teele: Huh? Mr. Vilarello: It was withdrawn. Chairman Teele: It was withdrawn. All right. Public hearing items -- let's get through these public hearing and first and second reading items. Where's Mr. Carswell? All right. Mr. Attorney, read public -- read the SR.1, please? Commissioner Winton: SR? Chairman Teele: Yeah. Commissioner Regalado: SR -- Chairman Teele: SR, second reading. The Ordinance was read by title into the public record by the City Attorney. Commissioner Winton: So move. Chairman Teele: This is a public hearing. Any person desiring to be heard should come forward. Vice Chairman Sanchez: Second. Chairman Teele: Are there any persons coming forward? We have a motion by Commissioner Winton, a second by Commissioner Sanchez. Madam Clerk, call the roll. A roll call was taken, the result of which is stated above. Chairman Teele: Read Second Reading Item Number 2, please. Priscilla A. Thompson (City Clerk): The ordinance has been passed on second reading, 5/0. SR.2 04-00020 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "FY'2004 MIAMI-DADE COUNTY SURTAX FUND" TO PROVIDE MULTI -FAMILY HOUSING City ofMiami Page 51 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 REHABILITATION FOR PROPERTIES WITH EXPIRING CONTRACTS FOR SECTION 8 PROJECT BASED HOUSING UNITS TO INCREASE AVAILABILITY OF DECENT AFFORDABLE HOMEOWNERSHIP AND RENTAL HOUSING UNITS, AND APPROPRIATING FUNDS, IN THE AMOUNT OF $1,000,000, TO SAID FUND, CONSISTING OF A GRANT RECEIVED FROM MIAMI-DADE COUNTY; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR IMPLEMENTATION OF THE GRANT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 04-00020- cover memo .pdf 04-00020- letter from MDCED .pdf 04-00020- funding recommendations MDCED .pdf Motion by Commissioner Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele 12485 The Ordinance was read by title into the public record by the City Attorney. Commissioner Gonzalez: Move SR.2. Chairman Teele: This is a public hearing. Any person desiring to be heard should come forward. Any person desiring to be heard should come forward. There are no persons coming forward. The public hearing is closed. Commissioner Gonzalez: Move SR.2. Commissioner Winton: Second. Chairman Teele: Madam Clerk, call the roll. 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. RESOLUTIONS RE.1 04-00059 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST'S ("MODEL CITY TRUST") APPOINTMENT OF MARVA L. WILEY AS PRESIDENT/CHIEF EXECUTIVE OFFICER OF THE TRUST, UNDER THE TERMS AND CONDITIONS OF EMPLOYMENT AGREED UPON. City ofMiami Page 52 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 04-00059-cover memo.pdf 04-00059-model city reso.pdf 04-00059-resume.pdf 04-00059-exh i bit. pdf DEFERRED A motion was made by Vice Chairman Sanchez, seconded by Commissioner Winton, and was passed unanimously, to DEFER Item RE.1. Vice Chairman Sanchez: Board appointees. Chairman Teele: Let's fry to bring this to an orderly close. Commissioner Sanchez, board appointments. Vice Chairman Sanchez: Yes. Chairman Teele: And pocket items, and we're out of here. Commissioner Winton: I'm out by 5. Chairman Teele: We had an item relating to the Model City Trust. Is that -- Commissioner Winton: That got deferred to the next time -- Joe Arriola (City Manager): I asked you to -- Vice Chairman Sanchez: Pull it? Chairman Teele: That item has been deferred? Mr. Arriola: Be deferred. I'm sorry. Chairman Teele: All right. Motion by Commissioner -- Vice Chairman Sanchez: So moved. Commissioner Winton: So moved. Chairman Teele: -- Sanchez. Second by Commissioner Winton that the item be deferred to the next meeting. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? RE.2 03-0126 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $49,000, FROM FISCAL YEAR 2003-2004 BUDGETED FUNDS OF THE OFFICE OF HEARING BOARDS, ACCOUNT NO. 001000.820101.6340.25019, FOR PAYMENT OF COMPENSATION TO SPECIAL COUNSEL FOR THE CODE ENFORCEMENT BOARD, INCLUDING ANY REQUIRED RELATED LITIGATION SERVICES. City ofMiami Page 53 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 03-0126-cover memo.pdf 03-0126-financial review and approval.pdf 03-0126-legislation.pdf Modified to increase to $49, 000 Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0067 Chairman Teele: All right. Now, we have RE.2, which is a resolution of the City authorizing the allocation of funds, not to exceed forty-two thousand dollars, from FY (Fiscal Year) 2003 budget Commissioner Winton: Where are you? Vice Chairman Sanchez: Where are you at? Chairman Teele: Just the next page over. Commissioner Gonzalez: Move RE.2. Commissioner Winton: 2? RE -- Vice Chairman Sanchez: RE.2. Chairman Teele: RE.2, resolution number 2. Commissioner Regalado: Second. Chairman Teele: This is the forty-two thousand dollars for the hearing boards, relating to Code Enforcement compensation for special counsel. This is not a public hearing. Is there discussion by board members? If not -- Alejandro Vilarello (City Attorney): Is itforty-nine? Vice Chairman Sanchez: Call the question. Commissioner Winton: I can't find it. Commissioner Gonzalez: Call the question. RE.2, Johnny. Johnny, RE.2. Commissioner Winton: I'm totally lost. Vice Chairman Sanchez: All right. It's been amended to forty-nine thousand from forty-two. Chairman Teele: Does the maker of motion accept the amendment? Commissioner Gonzalez: As amended. Chairman Teele: As amended. All right. Motion is moved and seconded, as amendment. All in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 54 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 Chairman Teele: All opposed. City ofMiami Page 55 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 BOARDS AND COMMITTEES BC.1 03-0003 RESOLUTION 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 NOMINATED BY: Chairman Arthur Teele, Jr. DEFERRED Chairman Teele DEFERRED his appointment. Chairman Teele: Commissioner Sanchez. Vice Chairman Sanchez: Mr. Chairman, if we could just start with the boards and committees. I mean, BC.1, which is yours. Commissioner Winton: What did you say? Vice Chairman Sanchez: Boards and committees appointees. Commissioner Winton: OK. Chairman Teele: All right. Commissioner Winton: You appointing somebody? Vice Chairman Sanchez: No. I said -- Chairman Teele: Let's just go down all the board and committee appointments. Vice Chairman Sanchez: Yeah. The Chairman's got the first one, BC.1, Overtown Advisory Board. Commissioner Winton: I've got three right here. Chairman Teele: I'll pass on that for the time being. Vice Chairman Sanchez: OK. BC.2 03-0231 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN City ofMiami Page 56 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 INDIVIDUAL AS A MEMBER OF THE HEALTH FACILITIES AUTHORITY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: John E. Matuska Commissioner Angel Gonzalez 03-0231-memo-1 .doc 03-0231-LIST-2.doc 03-0231 Backup-3.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0089 Chairman Teele: BC.2. Vice Chairman Sanchez: Angel. Chairman Teele: Angel. Vice Chairman Sanchez: Health Facility Authority Board. Commissioner Gonzalez: John P. Matuska -- Commissioner Winton: Second. Commissioner Gonzalez: -- is my appointment. Commissioner Winton: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? BC.3 03-0233 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE URBAN DEVELOPMENT REVIEW BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Chairman Arthur Teele City ofMiami Page 57 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 03-0233-memo-1.doc 03-0233 applications-3.pdf DEFERRED Chairman Teele DEFERRED his nomination. Chairman Teele: BC.3, I pass. BC.4 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 Vice Chairman Sanchez DEFERRED his nomination. Chairman Teele: BC.4, Street Codesignation. Commissioner -- Vice Chairman Sanchez. Vice Chairman Sanchez: Defer. Chairman Teele: Without objection. BC.5 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 Chairman Teele DEFERRED his nomination. Chairman Teele: BC.5 is Little Havana Festival, deferred. City ofMiami Page 58 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 BC.6 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: Vice Chairman Joe Sanchez (Public Advocate Seat) 03-0246 - memo - 1.pdf DEFERRED Vice Chairman Sanchez DEFERRED his appointment. Chairman Teele: BC. 6, Little Havana Home Ownership Advisory Board. Vice Chairman Sanchez: At this time, this is for the residency, and I have not been able to find someone who could speak English that is willing to serve on the board, so I'm deferring. BC.7 03-0320 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Sam Gentry Commissioner Johnny Winton Thomasina Williams Commissioner Johnny Winton Maritza Gutierrez Commissioner Tomas Regalado Tomas Regalado Commissioner Tomas Regalado (Acting Chairperson in the absence of the Mayor) Orlando Garcia, Jr. Vice Chairman Joe Sanchez Diego Garcia Vice Chairman Joe Sanchez Pator Dwayne K. GaddisChairman Arthur E. Teele, Jr. Arthur E. Teele, Jr. Chairman Arthur E. Teele, Jr. City ofMiami Page 59 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 03-0320-memo-1 .doc 03-0320-list-2.doc Motion by Commissioner Regalado, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0076 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Winton, and passed unanimously, to appoint Orlando Garcia, Jr. and Diego Garcia as members of the Miami Sports and Exhibition Authority. A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and passed unanimously, to appoint Thomasina Williams and Sam Gentry as members of the Miami Sports and Exhibition Authority. A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and passed unanimously, to appointMaritza Gutierrez and Commissioner Tomas Regalado as members of the Miami Sports and Exhibition Authority. A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and passed unanimously, to waive the elector requirements in Section 2-1013(b) of the Code of the City ofMiami, as amended, by a four/fifths (4/5) vote of the members of the full City Commission, as it relates to Maritza Gutierrez' appointment as a member of the Miami Sports and Exhibition Authority. A motion was made by Commissioner Regalado, seconded by Vice Chairman Sanchez, and passed unanimously, to appoint Pastor Dwayne K. Gaddis and Commissioner Teele as members of the Miami Sports and Exhibition Authority. Commissioner Gonzalez deferred his two nominations. Chairman Teele: All right. BC.7. Now, why are we doing the MSEA (Miami Sports & Exhibition Authority) appointments again? Didn't we just do them? Vice Chairman Sanchez: I don't think we voted on them. Commissioner Regalado: No. You deferred that in order to wait for the MSEA mission structure. Chairman Teele: Is there anybody who wants to make a MSEA board appointment at this time? Commissioner Sanchez. Vice Chairman Sanchez: Yes, sir. I would like to reappoint Orlando Garcia and Diego Garcia. No relations whatsoever. Commissioner Winton: Second. Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? Any other MSEA board appointments? Commissioner Winton. Commissioner Winton: Attorney Thomasina Williams and Sam Gentry. City ofMiami Page 60 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 Chairman Teele: Second -- is there a second? Commissioner Gonzalez: Second. Chairman Teele: Is there objection? All in favor say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed. Any other board appointments there? All right. Historic -- Commissioner Regalado: I'll reappoint both myself and Maritza Gutierrez. Commissioner Winton: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed. Priscilla A. Thompson (City Clerk): We need a four fifths -- Commissioner Regalado: A four fifths residency. Ms. Thompson: -- elector waiver on Ms. Gutierrez. Chairman Teele: On Ms. Gutierrez. Commissioner Gonzalez: Move for the four fifths. Chairman Teele: Motion on Ms. Gutierrez with a waiver by Commissioner Regalado, seconded by Commissioner Gonzalez. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed. All right. Commissioner Regalado, would you nominate Reverend Gaddis -- Commissioner Regalado: Reverend Gaddis -- Chairman Teele: -- to reappointment in my -- for me? Commissioner Winton: So moved. Chairman Teele: Moved by -- Commissioner Regalado: And Chairman Teele, I move to reappoint Chairman Arthur Teele and Reverend Gaddis as members ofMSEA board. Vice Chairman Sanchez: Second. Commissioner Winton: Second. Chairman Teele: All in favor say, "aye." City ofMiami Page 61 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 The Commission (Collectively): Aye. Chairman Teele: All opposed. BC.8 04-00024 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Angel Gonzalez Commissioner Tomas Regalado 04-00024-memo-1.doc 04-00024-members-2.doc 04-00024 - residency - 3.pdf 04-00024 - applications - 4.pdf 04-00024-Resignation-5.pdf DEFERRED Commissioner Gonzalez DEFERRED his nomination. Chairman Teele: Commissioner Gonzalez, Historic -- Commissioner Gonzalez: I'll defer mine. BC.9 04-00035 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Manuel Chamizo Vice Chairman Joe Sanchez (Regular member) John Jones Commission At -Large (Alternate member) Anthony Cantey Commission At -Large (Alternate member) 04-00035-memo-1.doc 04-00035-list-2.doc City ofMiami Page 62 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 Motion by Commissioner Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0077 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Winton, and passed unanimously, to appoint Manuel Chamizo as a regular member of the Code Enforcement Board. A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and passed unanimously, to appoint John Jones as an alternate member of the Code Enforcement Board. A motion was made by Commissioner Gonzalez, seconded by Commissioner Winton, and passed unanimously, to appoint Anthony Cantey as an alternate member of the Code Enforcement Board. Chairman Teele: Number 9 is Code Enforcement. Vice Chairman Sanchez: Manuel Chamizo. I would like to reappoint Manuel Chamizo. Commissioner Winton: Second. Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: Are there any appointments for the Equal Opportunity Advisory Board? Commissioner Winton: Yes. Chairman Teele: Commissioner Winton. Commissioner Regalado: Wait. On Code Enforcement, we got two more appointments that needed to be done, besides -- Chairman Teele: Did you have somebody that you wanted to nominate? Commissioner Regalado: Yeah. John Jones. Chairman Teele: Second? Is -- Commissioner Winton: Second. Chairman Teele: All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed. And who's the other person in that job now? Priscilla A. Thompson (City Clerk): Anthony Canty. Chairman Teele: Would someone nominate Mr. Canty, please? Commissioner Gonzalez: So moved. City ofMiami Page 63 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 Commissioner Winton: Second. Chairman Teele: Moved and seconded. Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: Those are the only two African American appointees to that board. OK. BC.10 04-00038 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Albena Sumner Commissioner Angel Gonzalez Miriam Urra Commissioner Angel Gonzalez Yvonne McDonald Commissioner Johnny Winton Patrick Range, Jr. Commissioner Johnny Winton Raul Dominguez Vice Chairman Joe Sanchez Sam Mason Vice Chairman Joe Sanchez Charles J. Flowers Chairman Arthur Teele Charles Cutler Chairman Arthur Teele 04-00038-memo-1 .doc 04-00038-list-2.doc Motion by Commissioner Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0078 A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and passed unanimously, to appoint Patrick Range, Jr. and Yvonne McDonald as members of the Equal Opportunity Advisory Board. A motion was made by Commissioner Gonzalez, seconded by Commissioner Winton, and passed unanimously, to appoint Albena Sumner and Miriam Urra as members of the Equal Opportunity Advisory Board. Commissioner Regalado deferred on his two nominations. City ofMiami Page 64 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, to appoint Raul Dominguez and Sam Mason as members of the Equal Opportunity Advisory Board. A motion was made by Commissioner Gonzalez, seconded by Commissioner Winton, to appoint Charles J. Flowers and Charles Cutler as members of the Equal Opportunity Advisory Board. Chairman Teele: Next one is the Equal Opportunity Board. Commissioner Winton: I'm reappointing Patrick Range, II, Esquire, and Yvonne McDonald. Commissioner Gonzalez: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed. Commissioner Gonzalez. Commissioner Gonzalez: I reappointAlbena Sumner and Miriam Urra. Commissioner Winton: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed. Vice Chairman Sanchez: Tomas. Commissioner Regalado: I'll defer mine. Vice Chairman Sanchez: OK. Chairman Teele: Who are my two appointees, Madam Clerk? Vice Chairman Sanchez: Mr. Chairman, I'd like to reappoint Raul Dominguez and Sam Mason. Commissioner Gonzalez: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed. Ms. Thompson: You have Charles Flowers and Charles Cutler. Chairman Teele: Would someone move Mr. Flowers and Cutler? Commissioner Gonzalez: Move to appoint Charles Flowers and Charles Cutler. Commissioner Winton: Second. Chairman Teele: All those in favor, say "aye." City ofMiami Page 65 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 The Commission (Collectively): Aye. Chairman Teele: All opposed. BC.11 04-00039 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Marie Bell Commissioner Johnny Winton Mary Racilia Smith Vice Chairman Sanchez 04-00039-memo-1.doc 04-00039-list-2.doc 04-00039 - resignation - 3.pdf Motion by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0079 Chairman Teele deferred his nomination. Chairman Teele: The next board is the Status of Women. Commissioner Winton: Joe, did I have any of those? Chairman Teele: Commissioner Winton, Sanchez and Teele. Commissioner Winton: I think I -- yes. Marie Bell. Vice Chairman Sanchez: And Mary Racilia Smith. Chairman Teele: Is there a second for those two? Commissioner Gonzalez: Second. Commissioner Winton: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed. City ofMiami Page 66 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 BC.12 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: Robert Valledor Vice Chairman Joe Sanchez 03-0232-memo-1.doc 03-0232-list-2.doc Motion by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0088 The appointment ofRobert Valledor was made with a unanimous waiver of the term limitation. Chairman Teele: Nuisance Abatement. Commissioner Sanchez. Vice Chairman Sanchez: I have one that needs a term limit unanimous vote. He is termed out. His name is -- it's reappointment ofRobert Valador. Commissioner Gonzalez: Move to reappoint Robert Valador. Vice Chairman Sanchez: Second. Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: Unanimous vote. Vice Chairman Sanchez: Is it? Is it unanimous? Chairman Teele: Yes. Commissioner Winton: I got one more. Vice Chairman Sanchez: OK. BC.13 04-00056 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE COCONUT GROVE PARKING ADVISORY COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: City ofMiami Page 67 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 Sue McConnell Coconut Grove Village Council 04-00056-memo-1.doc 04-00056-list-2.doc 04-00056-resignation-3. pdf 04-00056-nomination-4. pdf Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0081 Chairman Teele: All right. Coconut Grove Parking Advisory. Commissioner Regalado: Move the appointee nominated by Coconut Grove Village Council. Commissioner Winton: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed. City ofMiami Page 68 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 DISCUSSION ITEMS DI.1 03-0273 DISCUSSION ITEM DISCUSSION CONCERNING A FINANCIAL UPDATE AND BUDGET OUTLOOK. 03-0273- memo.pdf DISCUSSED Direction to the Administration: by Chairman Teele to fry to close accounts by end of December. Chairman Teele: On the discussion item relating to the budget, when are we going to have the mid year budget presentation adjustments? When is the mid year budget coming forth? Larry Spring: Larry Spring, Chief of Strategic Planning and Budgeting. We typically consider those around May or June of the fiscal year, right before the -- we go into the last quarter of the year. Chairman Teele: May. OK. Well, I would hope that we certainly can get some clarity on the part-time and whatever we do, we do it as a part of the mid -year. Mr. Spring: OK. Chairman Teele: All right. Mr. Spring: Well, we'll be meeting with you -- setting up meetings over the next two weeks to discuss what was presented to you in report form today. Chairman Teele: Is there anything in the financial update or are there any questions -- are there any shortfalls that we need to be aware of? Mr. Spring: As of our December 2003 report, there are no shortfalls. There was an issue in the area of overtime, but it was related to FTAA and we're expecting full reimbursement for that, so we're on track with the budget. Chairman Teele: Is there -- didn't someone say that some solid waste companies were not -- owed us a million dollars or something? Mr. Spring: That was in the audit report issued by Dr. Igwe a couple of months ago, and that's being followed up on right now. Chairman Teele: But that is not -- that does not affect our financial -- Mr. Spring: No, no, it doesn't. Chairman Teele: -- assumptions dramatically? Mr. Spring: No. Chairman Teele: So there are no issues that you're aware of either in expenses or revenues that represent -- City ofMiami Page 69 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 Mr. Spring: You mean -- problems, no. As of the -- we just issued -- we finalized our December 30 -- December report and as of that date, there were no issues. Chairman Teele: And the closeout of '03, where are we on that? Mr. Spring: Actually, when I presented -- Chairman Teele: Is that the Finance Department or the Budget Department? Linda Haskins (Chief Financial Officer): The -- we are hoping to finish up the audit, the significant portion of the audit work by the end of this month. The last thing that we're waiting for is the final calculation of risk management liabilities. Mr. Spring: And from my side, we will be bringing another closeout amendment that we just became aware of in relation to the closeout of the financial statements. Chairman Teele: I would hope that we would establish a goal or a policy -- I think we really should try to have the budget -- I mean, the accounts closed out with the auditor by the end of December. Is that unrealistic? Ms. Haskins: Commissioner, we would love to get there. I think when -- one of the things that we'll be discussing is, as we go along, is where we stand with the whole business process review and go into the new financial systems. The biggest problem that we have is gathering the information and that's still very cumbersome with our current system, but in our long-term goal, once we get our new systems, that is our -- that will be one of our goals. It's the best practice to get it done faster. Chairman Teele: All right. All right. Are there any other questions on the financial update? I know we are sort of going through this very quickly, and I don't think we should spend a lot of time on it at this point, but I don't want to set the precedent that we're just waiving it through again. DI.2 04-00104 DISCUSSION ITEM DISCUSSION CONCERNING A FOLLOW-UP REPORT TO RESOLUTION 03-1181, RATIFYING THE CITY MANAGER'S EMERGENCY FINDING TO WAIVE THE REQUIREMENTS OF COMPETITIVE SEALED BIDS AND COMPETITIVE SELECTION PROCEDURES FOR THE FREE TRADE AREAS OF THE AMERICAS (FTAA). 04-00104-cover memo.pdf 04-00104-emergency purchase chart.pdf 04-00104-emergency purchase order fire.pdf 04-00104-purchase order-fire.pdf 04-00104-purchase order-police.pdf 04-00104-emergency purchase order police.pdf MOTION A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and passed unanimously, with Vice Chairman Sanchez absent, to accept follow up report explaining emergency purchases made during the Free Trade Areas of the Americas (FTAA) events in Miami. Chairman Teele: Did Johnny Winton leave? City ofMiami Page 70 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 Unidentified Speaker: Yes, sir. Chairman Teele: Somebody grab him, if you can. We have a discussion item ratifying the Manager's emergency findings to waive the requirements for competitive bid. Glenn Marcos (Purchasing Director): Commissioner. Chairman Teele: Yes. Mr. Marcos: Glenn Marcos, Purchasing Director. That's just a follow-up report to the actual resolution that was passed back on November 13th of 2003 by the City Commission. Back then we've asked the Commission to pass an emergency resolution. Chairman Teele: Did we pass it? Mr. Marcos: Yes, you did, and what you have in front of you is just a follow-up report reporting back to the Commission on those purchase orders that were issued related to the actual FTAA ( Free Trade Areas of the Americas) events. Chairman Teele: This is the emergency -- I misread this, Commissioner Winton. This is the discussion on the emergency findings related to the award of the Free Trade Agreement of the Americas, and this is a report. Your vote is not required, but I thought it was a four fifths vote and I didn't want to leave you out. Mr. Marcos: What you will see is, in your packet, you will see a spreadsheet that would detail all of the purchases that took place. Chairman Teele: Would you like to move to adopt his report today, Commissioner Winton? Commissioner Winton: Sure. So moved. Commissioner Gonzalez: Second. Chairman Teele: All right. Thank you very much. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed. City ofMiami Page 71 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 EXECUTIVE SESSION 2:30 P.M. ES.1 04-00071 EXECUTIVE SESSION 2:40 P.M. UNDER F. S. 286.011(8) [2003], THE PERSON CHAIRING THIS MEETING OF THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE IMMEDIATELY AFTER THE CITY COMMISSION CONVENES, THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING PENDING LITIGATION: NATIONAL ADVERTISING CO. VS. CITY OF MIAMI. THE SESSION, WHICH WILL BE THE SECOND OF TWO CLOSED DOOR ATTORNEY - CLIENT SESSIONS SCHEDULED FOR THIS DATE ON VARIOUS CASES, WILL BEGIN AT APPROXIMATELY 3:00 P.M., OR AS SOON THEREAFTER, AT CITY HALL, IN COMMISSIONER ANGEL GONZALEZ'S CONFERENCE ROOM, 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, AND CONCLUDE AT APPROXIMATELY 3:30 P.M. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION, ANGEL GONZALEZ, JOE SANCHEZ, TOMAS REGALADO, JOHNNY L. WINTON, AND ARTHUR E. TEELE, JR.; THE CITY MANAGER, JOE ARRIOLA; THE CITY ATTORNEY, ALEJANDRO VILARELLO, DEPUTY CITY ATTORNEY, JOEL E. MAXWELL AND ATTORNEYS PARKER THOMSON, CAROL LICKO AND LAURIE PIECHURA FROM THE LAW FIRM OF HOGAN AND HARTSON, LLP, COUNSEL FOR THE CITY. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE LITIGATION. AT THE CONCLUSION OF THE SESSION, THE CITY COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE SESSION. SAID COMMISSION MEETING WILL CONVENE AT CITY HALL, CITY COMMISSION CHAMBER, 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA. 04-00071-cover page.pdf 04-00071- public notice.pdf A motion was made by Vice Chairman Sanchez, seconded by Commissioner Winton, and passed unanimously with Commissioner Gonzalez absent, to defer item ES.1 to the Commission meeting currently scheduled for February 26, 2004 at 2: 45 p.m. (See ES.2 for minutes) ES.2 04-00072 EXECUTIVE SESSION UNDER F. S. 286.011(8) [2003], THE PERSON CHAIRING THIS MEETING OF THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE IMMEDIATELY AFTER THE CITY COMMISSION CONVENES, THE City ofMiami Page 72 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 2:50 P.M. COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING PENDING LITIGATION: MARK'S CLASSIC CORPORATION, RICHARD AND SUNNY MANAGAN, ET AL. VS. CITY OF MIAMI. THE SESSION, WHICH WILL BE THE FIRST OF TWO CLOSED DOOR ATTORNEY -CLIENT SESSIONS SCHEDULED FOR THIS DATE ON VARIOUS CASES, WILL BEGIN AT APPROXIMATELY 2:45 P .M., AT CITY HALL, IN COMMISSIONER ANGEL GONZALEZ'S CONFERENCE ROOM, 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, AND CONCLUDE AT APPROXIMATELY 3:00 P.M. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION, ANGEL GONZ ALEZ, JOE SANCHEZ, TOMAS REGALADO, JOHNNY L. WINTON, AND ARTHUR E. TEELE, JR.; THE CITY MANAGER, JOE ARRIOLA; THE CITY ATTORNEY, ALEJANDRO VILARELLO, DEPUTY CITY ATTORNEY, JOEL E. MAXWELL AND. ATTORNEYS PARKER THOMSON, CAROL LICKO AND LAURIE PIECHURA FROM THE LAW FIRM OF HOGAN AND HARTSON, LLP, COUNSEL FOR THE CITY. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSIONS ARE FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE LITIGATION. AT THE CONCLUSION OF THE SESSION, THE CITY COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE SESSION. SAID COMMISSION MEETING WILL CONVENE AT CITY HALL, CITY COMMISSION CHAMBER, 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA. 04-00072-cover page.pdf 04-00072- public notice.pdf A motion was made by Commissioner Winton, seconded by Vice Chairman Sanchez, and passed unanimously, to defer item ES.2 to the Commission meeting currently scheduled for February 26, 2004 at 3:15 p.m. Chairman Teele: Let's get this party started. What we have today is a -- Commissioner Winton: You can tell we're not giving out money today. Chairman Teele: No money is being given away. The place is quiet and -- Commissioner Winton: Empty. Chairman Teele: -- empty. We have today a series of sunshine law meetings, and we need to dispose of the first two, I think, in an appropriate way. Mr. Attorney, would you like to frame those motions for the first one, and then the second one? Alejandro Vilarello (City Attorney): Yes. Mr. Chairman, I'd like to request that the City Commission defer the executive session on the case ofMark's Classic Corporation, Richard and Sonny Hannigan (phonetic), et al, versus the City ofMiami, otherwise known as Clear Channel to the next City Commission meeting of February 26th. Chairman Teele: At? Mr. Vilarello: At the discretion of the Commission. Chairman Teele: You got to publish the time, so -- City ofMiami Page 73 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 Commissioner Winton: Alex, that's a normal P & Z (Planning & Zoning) -- Mr. Vilarello: Yes, sir. Commissioner Winton: -- meeting day, which generally tend to be longer, and I don't want to move it undue if we're in a hurry, butt wouldn't mind doing it the first meeting of next month, unless it has some implication. If it has implication, forget what I just said. Chairman Teele: All right. Then, let's set it for time at 2:45. Mr. Vilarello: On the March 11 th? Commissioner Winton: You tell me. I'm just saying -- I'm just talking about the size of the agenda, but I don't want to interfere with -- I'm talking about convenience. You might tell me that forget about your convenience, it's important to do it on this date, which I'm OK with. Mr. Vilarello: Yes. We'd like to go forward on 26th. Commissioner Winton: OK. Chairman Teele: All right. Mr. Vilarello: At 2:45 would be fine. Chairman Teele: 2:45 PM. Is there a motion and second? Commissioner Winton: Second. Vice Chairman Sanchez: Second. Chairman Teele: Motion by Commissioner Winton, second by Commissioner Sanchez. Is there objection? If there's anyone who came for that item that was going to be heard at 2:30, this is the item. It is being deferred. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. The item is deferred. Mr. Vilarello: Mr. Chairman, I'd also request that the City Commission defer the second scheduled executive session, National Advertising Company versus the City ofMiami to the February 26th City Commission meeting, approximately half an hour after the one we just set, 3: 15. Chairman Teele: It is moved by Commissioner -- and that would be set for when? Mr. Vilarello: February 26th at 3:15. Chairman Teele: At what? Vice Chairman Sanchez: 3:15. Mr. Vilarello: February 26th at 3:15 p.m. Vice Chairman Sanchez: Second. City ofMiami Page 74 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 Commissioner Winton: Thirty minutes after the first one. Chairman Teele: It's been moved and seconded. Is there objection? All those in favor, say "aye .' The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. Now, would you read the statement into the record regarding the item that we're here on? ES.3 04-00073 EXECUTIVE SESSION UNDER F. S. 286.011(8) [2003], THE PERSON CHAIRING THIS MEETING OF THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE IMMEDIATELY AFTER THE CITY COMMISSION CONVENES, THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING PENDING LITIGATION: DEBRA OHANIAN AND WEST BEACH RESTAURANT, INC., D/B/A STARFISH VS. CITY OF MIAMI. THE SESSION, WHICH WILL BE THE THIRD OF THREE CLOSED DOOR ATTORNEY -CLIENT SESSIONS SCHEDULED FOR THIS DATE ON VARIOUS CASES, WILL BEGIN AT APPROXIMATELY 2:50 P.M., AT CITY HALL, IN COMMISSIONER ANGEL GONZALEZ'S CONFERENCE ROOM, 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, AND CONCLUDE AT APPROXIMATELY 3:00 P.M. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION, ANGEL GONZALEZ, JOE SANCHEZ, TOMAS REGALADO, JOHNNY L. WINTON AND ARTHUR E. TEELE; JR., THE CITY MANAGER, JOE ARRIOLA; THE CITY ATTORNEY, ALEJANDRO VILARELLO, ASSISTANT CITY ATTORNEYS, MARIA J. CHIARO, JULIE 0 . BRU, AND REGINE M. MONESTINE, COUNSEL FOR THE CITY. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE LITIGATION. AT THE CONCLUSION OF THE SESSION, THE CITY COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE SESSION. SAID COMMISSION MEETING WILL CONVENE AT CITY HALL, CITY COMMISSION CHAMBER, 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA. 04-00073-cover page.pdf 04-00073-public notice.pdf DISCUSSED The meeting recessed at 3:15 p.m. for the Commission to go into executive session; the executive session was held and the Commission meeting was reconvened at 3: 46 p.m. Chairman Teele: Mr. Attorney. Mr. Vilarello: Mr. Chairman, the City Commission will now convene at approximately 3:10 in the afternoon on February 12th, for a hearing pursuant to Florida Statute 286.011, Subsection 8 . The City -- Chairman will announce that immediately after the City Commission convenes, that City ofMiami Page 75 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 an attorney -client session, closed to the public, for the purpose of discussing pending litigation, specifically Deborah (UNINTELLIGIBLE) and West Beach Restaurant, Inc. d/b/a Starfish versus the City ofMiami. The session, which will be the attorney -client session scheduled for this date on various -- excuse me -- scheduled for this date of 2: 50 at City Hall, City Commission Chambers, 350 Pan American Drive, and conclude approximately 30 minutes later. The session will be attended by the members of the City Commission, Commissioner Gonzalez, Commissioner Sanchez, Commissioner Regalado, Commissioner Winton, Commissioner Teele; the City Manager, Joe Arriola; myself Alejandro Vilarello; Assistant City Attorneys, Julie Bru, Regine Monestime, as counsel for the City. A court reporter will be present to ensure the sessions is fully transcribed, and a transcript will be made available to the public at the conclusion of the litigation. At the conclusion of that session, the City Commission shall reopen the hearing. The Chair will announce the termination of the session. Mr. Chairman, we can proceed now. We've made arrangements, in Commissioner Gonzalez' conference room, to continue the executive session. Chairman Teele: All right. Then, without further objection, the meeting will be adjourned to the conference room of Commissioner Gonzalez. Chief Fernandez -- Joe Arriola (City Manager): Commissioner Gonzalez, are we going to get coffee at your -- Chairman Teele: The first item we're going to take up when we come back will be the question of prostitution on Flagami, at the request of Commissioner Regalado. The City Commission went into executive session at 3:14 p.m. and the executive session was concluded at 3: 47 p.m., with all members of the City Commission found to be present, except Commissioners Gonzalez and Regalado. Mr. Vilarello: Mr. Chairman, that concludes the executive session. It was concluded in session and now at the public portion, and you should proceed with your regular agenda. Chairman Teele: Thank you very much. City ofMiami Page 76 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 Part B PZ.1 03-0190 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING OR DENYING THE APPEAL FILED BY J&J FLORIDA PROPERTIES, INC. ("APPELLANTS"), AND REVERSING OR AFFIRMING A DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB"), WHICH DESIGNATED THE WOLPERT APARTMENTS LOCATED AT 2500-2512 BISCAYNE BOULEVARD AS A HISTORIC SITE. 03-0190 Fact Sheet.PDF 03-0190 Appeal Letter.PDF 03-0190 HEPB Reso.PDF 03-0190 Designation Report.PDF 03-0190 Q&A Historic Designation.PDF 03-0190 Legislation a.PDF 03-0190 Exhibit A Fact Sheet.PDF 03-0190 Exhibit B HEPB Reso.PDF 03-0190 Legislation b.PDF 03-0190 Exhibit A Fact Sheet.PDF 03-0190 Exhibit B HEPB Reso.PDF 03-0190 Exhibit C Designation Report.PDF 03-0190 - submission - photo.pdf REQUEST: Appeal of a Historic and Environmental Preservation Board Decision of a Historic Desgination LOCATION: Approximately 2500-2512 Biscayne Boulevard APPLICANT(S): Planning and Zoning Department APPELLANT(S): David Z. Solkol, President FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial of the appeal and uphold the decision of the Historic and Environmental Preservation Board. HISTORIC & ENVIRONMENTAL PRESERVATION BOARD: Approved the designation on July 15, 2003 by a vote of 9-0. PURPOSE: The approval of this appeal will not result in the historic designation of this property. CONTINUED A motion was made by Commissioner Winton, seconded by Vice Chairman Sanchez, and passed unanimously, to CONTINUE item PZ.1 to February 26, 2004 at 6p.m. without further notice. City ofMiami Page 77 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 Commissioner Winton: Could l interrupt for one second? We have somebody here who wants to move a P & Z item to the next meeting, and if we're going to agree to do that, I'd like to just let him do that and go away before we go into our shade meeting. Chairman Teele: You're fine. Any person who would like to come forward and request a deferral of any P & Z item, please come forward at this time. Commissioner Winton: Yeah. Jerry Sokol: Hello. My name is Jerry Sokol and I'm here on behalf of my father, Dave Sokol, with respect to a historic designation. At the last meeting, we were going to have a hearing, but Mr. Teele wanted to wait until all five were here, particularly, Mr. Winton, and so, he asked if we could move it to this date, which was OK with me, butt wasn't able to check with my father, whose building it is, and he was having some treatments today, but we're fine, if it's OK with you guys, to move it to the very next meeting. I would like -- Commissioner Winton: I'm OK with that. Vice Chairman Sanchez: Second. Mr. Sokol: I'd like to ask -- I don't know if it's possible. I know that because we waited last time, you gave us this great time certain. I don't know if it's possible, but if it's possible to get a time certain for that, that will be great. Chairman Teele: What about 9 p.m.? Mr. Sokol: Can we go earlier? Joe Arriola (City Manager): 9 p.m.? No, no. Mr. Sokol: Is that your start? Is that your starting point? Vice Chairman Sanchez: That's a busy time. Chairman Teele: 6 p.m.? Mr. Sokol: Yeah. I think that sounds fine. Commissioner Winton: I think we'll make an attempt to do your 6 p.m., because you've been here twice, but it's an attempt, and so -- Chairman Teele: It's not a firm -- with a request that we'll try to do it at 6 p.m. Mr. Sokol: At 6 p.m. OK. Thank you. Vice Chairman Sanchez: We'll get you in and out as quickly as possible. Mr. Sokol: I appreciate it. Chairman Teele: Included in the motion, without further notice -- without further advertisement or notice. Is there objection? All those in favor, signify by the sign of "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed. What item number is that, Madam Clerk? City ofMiami Page 78 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 Priscilla A. Thompson (City Clerk): PZ.1. Commissioner Winton: PZ.1, yeah. Chairman Teele: All right. And are there any other PZ (Planning & Zoning) deferrals? Mr. Sokol: Thank you. Chairman Teele: Thank you. All right. City ofMiami Page 79 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 PZ.2 03-0298 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLES 6 AND 9, IN ORDER TO ADJUST THE PAYMENT AMOUNT FOR CONTRIBUTIONS INTO THE CITY OF MIAMI'S AFFORDABLE HOUSING TRUST FUND. 03-0298 SR Fact Sheet.PDF 03-0298 PAB Reso.PDF 03-0298 SR Legislation.PDF 03-0298 FR Fact Sheet.pdf 03-0298 FR Legislation.pdf 03-0298-Memo-Corrected Scriveners Error.pdf REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on November 5, 2003 by a vote of 9-0. PURPOSE: This will adjust the payment amount for contributions into the City of Miami's Affordable Housing Trust Fund. Motion by Commissioner Winton, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Sanchez and Teele Absent: 2 - Commissioner Gonzalez and Regalado 12486 Chairman Teele: All right. Item PZ.2, would you read the ordinance, Mr. Attorney? The Ordinance was read by title into the public record by the City Attorney. Chairman Teele: Madam Director. Lourdes Slazyk (Assistant Director, Planning & Zoning): Thank you. For the record, Lourdes Slazyk, Planning and Zoning Department. This is a second reading ordinance in order to increase the affordable housing trust fund contribution. This has not been increased in the last 20 years, and this increase is based on a conservative 3 percent increase per year for those last 20 years, to make the payment from six dollars and sixty-seven cents up to twelve dollars and forty cents. Commissioner Winton: So moved. Chairman Teele: This is a public hearing. Any person desiring to be heard should come forward. There are no persons coming forward. The public hearing is closed. Commissioner City ofMiami Page 80 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 Winton. Commissioner Winton: So moved. Vice Chairman Sanchez: Second. Chairman Teele: It's been moved and second. Madam Clerk. 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, 3/0. Alejandro Vilarello (City Attorney): Mr. Chairman. Chairman Teele: Yes, sir. Mr. Vilarello: Just for the record, there was some discussion with regard to the allocation of the funds generated in this trust. That will come back as a separate ordinance and it will address it as the City Commission decides. Chairman Teele: All right. Thank you. City ofMiami Page 81 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 PZ.3 03-0295 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 3160, 3170, 3180 AND 3190 OAK AVENUE, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO " DUPLEX RESIDENTIAL;" MAKING FINDINGS, DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0295 SR Fact Sheet.pdf 03-0295 Analysis.PDF 03-0295 Land Use Map.PDF 03-0295 & 03-0295a Aerial Map.pdf 03-0295 School Brd Recomm.PDF 03-0295 PAB Reso.PDF 03-0295 Application & Supp Docs.PDF 03-0295 Legislation.PDF 03-0295 FR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 10544, from "Single Family Residential" to "Duplex Residential" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 3160, 3170, 3180 and 3190 Oak Avenue APPLICANT(S): Angel A. Gonzalez, Julian Guilarte, Augusto J. Gil, Robert C. Brazofsky and M. Trading & Inestments, Inc, Owners APPLICANT(S) AGENT: Adrienne F. Pardo, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval on November 19 , 2003 by a vote of 5-4. See companion File ID 03-0295a. PURPOSE: This will allow a duplex -residential development site. Motion by Commissioner Winton, seconded by Vice Chairman Sanchez, that this matter be DENIED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Teele Absent: 1 - Commissioner Regalado MATTER DENIED. Chairman Teele: PZ.3, Madam Director. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.3 and 4 are actually companion City ofMiami Page 82 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 items for land use and zoning change for the properties at 3160, 3170, 3180 and 3190 Oak Avenue. The request is from single-family residential to duplex residential. The Department had recommended denial. The Planning Advisory Board recommended approval by a vote of 5 to 4 and the Zoning Board had recommended approval by a vote of 9 to 0. The Planning and Zoning recommendation of denial was based on the fact that this was a stable single-family street, and the duplex residential category would probably change the character of that. It is -- on the other side of OakAvenue, it is already duplex residential and there's a recreation category on the other side, and the SD-22 Florida Avenue is on the rear side. However, it is a stable area, and we would recommend denial. Chairman Teele: You recommend what? Ms. Slazyk: Denial. Chairman Teele: All right. Let's get all persons that are going to be testifying on this and any other P&Z (Planning & Zoning) item to please stand and be sworn. Raise your right hand. Madam Clerk. Priscilla A. Thompson (City Clerk): Yes. AT THIS POINT, THE CITY CLERK ADMINISTERED OATH, REQUIRED UNDER CITY CODE SECTION 62-1 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Ms. Thompson: Thank you. Gloria Velazquez: Good afternoon. My name is Gloria Velazquez, representing the applicant. Adrienne Pardo shows up as attorney representing, but she's out of town today, so I'm here on her behalf. I'm here representing the individual owners of the four lots on OakAvenue. With me I have the architect to discuss the plans that we have for this project. However, I won't get into that right now. What want to go over is the area that abuts our project. Ifl may, do we have -- Chairman Teele: Here you go, ma'am. Ms. Velazquez: The property -- Is it working? Commissioner Winton: Just keep talking into it (INAUDIBLE) turn on. Ms. Velazquez: The property address is 3160, 3170, 3180 and 3190 on OakAvenue. One of the reasons why -- although we have Zoning Board recommendation of approval and we have Planning Board recommendation of approval, the reason why City staff has recommended denial is because we are -- the properties to the west are single-family homes, and in their write-up it says that the properties to the south are also single-family, but the properties to the south are designated SD-22, and the SD-22 district allows for duplexes and also allows for commercial. That's why we feel that the rezoning of our parcel would be compatible with the area. You have all the properties on the north. All this blue is duplex. You have SD-22, which also allows duplex and commercial, and all you have left is this little street right here with single-family homes, so it would be logical to rezone this property to duplex. I'd like to just go into quick detail as to why the SD-22 disfrict was adopted by the City. The intent of this special district is of substantial public interest because of the pressing need to redevelop this area of Coconut Grove, so that it may properly fulfill its role as a transitional zoning between the existing SD-2, which is down here, to the south and east, and the R-2 family disfrict to the south and east, and the R-2 family residential district to the north, so it contemplated -- when the SD-22 was adopted, it also contemplated that this row in OakAvenue would also be duplex. The development that we propose is a beautiful project. Although it's not germane to a rezoning or a land use application, I do want to point out that what the owners of the property did is hire an City ofMiami Page 83 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 architect, who did a beautiful job in adopting the Coconut Grove Planning Study recommendation on how to develop town houses in the area, and of particular emphasis, I'd like to point out part of the report was that the garages were not going to be close to the street. The garages are pushed back, so when you look at, you know, the houses, the townhomes on Oak Avenue, you don't see the garages. What you see is the house, you'll see a gate, and then the garage is all the way -- is pushed back. They did a beautiful job in proposing this development, as it provides in the Coconut Grove Planning Study. What I'd like to do is conclude at this point, and if you have any questions, I'd be happy to answer them. Chairman Teele: All right. Vice Chairman Sanchez: OK. Chairman Teele: Did you -- what did you just say? Commissioner Winton: Asked if anybody had questions. Vice Chairman Sanchez: That concludes my presentation. Chairman Teele: That concludes -- Ms. Velazquez: Yes. Chairman Teele: You're not going to put your architect up? You had said, when you started, that you were going to put the architect up. Ms. Velazquez: No, no, no. I'm -- I didn't say that. Chairman Teele: Oh, OK. Ms. Velazquez: No, no. I went -- that although we're not -- this is a rezoning and land use application, that you normally would not consider the actual site plan, I wanted to present what we intend on doing on the site, which is the incorporation of what the Coconut Grove Planning Study has recommended in its design. Chairman Teele: You made that very clear. Thank you very much. Are there any persons here to speak in opposition, other than the City staff? If not, the public hearing is closed. There will be no rebuttal, in that there was no -- thank you very much. Discussion. Commissioner Winton. Commissioner Winton: Well, I think that the applicant has done a reasonable job of trying to create some rationale, which I credit you for, because some people come here with tough rationale to get close to. As my colleagues, I think, all know, at least in my district, and even in some of your districts, I've been pretty vocal in opposition to upzoning, because the problem in doing that is you open the flood gates, and once you get on that slippery slope of upzoning stuff then what happens is that the anticipated price for all other properties goes up in the anticipation that I can go to the City Commission and get my thing upzoned, and it leads to this endless cycle of upzoning, and I'm not in favor -- and haven't been since day one -- of -- except in some unique circumstances where you really are pushed into boxes, where you have no choice . We've done that a couple of times, I think, in Commissioner Regalado's district and a couple of others, where there was really no other choice. The piece of property had all kinds of problems associated with it, and in order to fix something, you had to pick a piece of the property -- not even all of it most of the time -- and upzone something to make it work, and then that -- there's a real public purpose to that. There is no public purpose for this, at all. This is an area that is zoned single-family. It acts as single-family. It's got single-family certainly to the west of it, and even the zone that she's suggested is -- that is zoned for duplex to the north is predominantly, by City ofMiami Page 84 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 a long shot, predominantly single-family, so there's no compelling public reason to upzone this property to duplex, except one. No. Let me rephrase that. There's no compelling public reason whatsoever. There is a reason to upzone it, because somebody in the private sector could make more money if we increase the zoning, and it's that -- and I'm not opposed to making -- I'm in the real estate business, so I'm always in favor to make money. That's a good thing, but it doesn't mean that we, in government, have to take that additional step of upzoning property so that the private sector can make additional profits, unless there's a public purpose, and I've been pretty consistent, I think, from day one on this issue and I'm going to remain consistent to that point today, and so my motion is to accept staffs recommendation on denial of the application to change the zoning. Vice Chairman Sanchez: Second. Chairman Teele: All those in favor of the motion, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. The item is adopted unanimously on a vote of 4 to 0. City ofMiami Page 85 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 PZ.4 03-0295a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 46 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-1 SINGLE-FAMILY RESIDENTIAL TO R-2 TWO-FAMILY RESIDENTIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3160, 3170, 3180 AND 3190 OAK AVENUE, MIAMI, FLORIDA, LEGALLY DESCRIBED, IN ATTACHED "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0295a SR Fact Sheet.pdf 03-0295a Analyis.PDF 03-0295a Zoning Map.PDF 03-0295 & 03-0295a Aerial Map.pdf 03-0295a ZB Reso.PDF 03-0295a Application & Supp Docs.PDF 03-0295a Legislation.PDF 03-0295a Exhibit A.PDF 03-0295a FR Fact Sheet.pdf 03-0295 - submittal - 9.pdf REQUEST: To Amend Ordinance No. 11000, from R-1 Single -Family Residential to R-2 Two -Family Residential to Change the Zoning Atlas LOCATION: Approximately 3160, 3170, 3180 and 3190 Oak Avenue APPLICANT(S): Angel A. Gonzalez, Julian Guilarte, Augusto J. Gil, Robert C. Brazofsky and M. Trading & Investments, Inc, Owners APPLICANT(S) AGENT: Adrienne F. Pardo, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on December 15, 2003 by a vote of 9-0. See companion File ID 03-0295. PURPOSE: This will allow a two-family residential development site. Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be DENIED PASSED unanimously. MATTER DENIED. City ofMiami Page 86 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 Chairman Teele: OK. Now, how do we dispense with the next item? Lourdes Slazyk (Assistant Director, Planning & Zoning): Yeah. PZ.4 was the companion. Commissioner Winton: The companion. Ms. Slazyk: It dies. Right. Joel Maxwell (Deputy City Attorney): The appropriate motion would be to accept staffs recommendation and deny it, as well. Commissioner Winton: So moved. Commissioner Gonzalez: Second. Chairman Teele: All right. Now, do you want to be heard on that, as a final -- Mr. Maxwell: It is a public hearing item. Chairman Teele: It is a public hearing. Gloria Velazquez: Yes, I would. Chairman Teele: Take as long as you'd like. Ms. Velazquez: Thank you. I just want to add additional information for the record. Again, my name is Gloria Velazquez, with law offices at 1221 Brickell Avenue. I'd like to submit into the record the SD-22 regulations. I also want to submit the R-1 and R-2 regulations. I'd like to submit the Coconut Grove Planning Study recommendations, and I'd like to point out quickly some things that I just want to reiterate and maybe bring to the attention of the board, which is this is a sliver here, this is the last sliver of single-family homes here. I drove around the area, and I'm familiar with the area. There are a lot of duplexes, townhomes that are new, that have been built already in this area here. I know that you've stated that there is still predominantly single-family homes. However, you do have duplexes in this area. You also have this commercial area here, and when the City adopted this SD-22, they wanted a transition from the commercial to the single-family to the duplex, and they saw the future, and what they saw was we need to adopt this now because this would be a perfect transition into duplex from commercial, and then you have a transitional commercial duplex, and then you would have your duplex, except this row was left out. This entire block was left out. You have a park to this side. As I drove around, I did notice that there were these townhomes developed. They're beautiful townhomes, except one of the things that the Coconut Grove Planning Study stated was, we don't want these garages to the front. We don't want cars parking in the front of the streets. Well, what we're going to propose -- what we're proposing is exactly what the Coconut Grove Planning Study has asked for. Specifically, our design calls for the garage being pulled back. To have this rezoned to duplex would be compatible with the area to the north, the area to the south, and with the park to the east. The R-1 zoning, it would be -- we have McDonald Street, which would blend to be a buffer, but if you really look to what's on west ofMcDonald Street, you have four homes, four little cottages on this lot over here, and you also have some duplexes in the area, so I think that there's a rationale as to, one, why leave this single-family when you do have duplexes and you do have this commercial -- you do have the City having adopted this SD- 22 to have a transition to the duplex? You also have the argument that basically, what's in the area, there are duplexes, so why leave this a single-family? I mean, why leave this street when you can have a beautiful development that would be compatible with the area? I mean, it's definitely compatible with the area. IfI may, I'd like to present what the design looks like of what we propose. As you can see, exactly as the Coconut Grove Planning Study called for, was City ofMiami Page 87 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 to have the homes up to the street and the garages pushed back, so when you see it, they look like single-family homes. It's a beautiful project. OK. Commissioner Winton: Oh, oh, I didn't do that. Chairman Teele: Yes, you did. Ms. Velazquez: I'd like to continue by pointing out that one -- the criteria that you look at for rezoning a property is whether it's compatible with the area and consistent with the master plan. The master plan for the City continuously calls for a mixed type of development, so that would be one of the policies that you'd be promoting, is to continue promoting at the land use policies. Mr. Maxwell: Mr. Chairman. Chairman Teele: Counsel, I'm well aware this is a companion item. I'm presiding. Mr. Maxwell: Yes, sir. It's a companion item, and as Ms. Velazquez pointed out earlier, the proposed use of that property is really not relevant to the decision you have before you now, and having already denied the Comprehensive Plan, which was the first item in the companion to this, you're almost bound to deny the atlas -- you are bound to deny the atlas change, as well. Chairman Teele: Well, but -- you can give us that advice when she finishes. Mr. Maxwell: Yes, sir. I just -- Chairman Teele: She's doing an excellent job and she's frying to represent her client. Mr. Maxwell: Oh, she's doing an excellent job. I just thought I'd put that information on the record for you. Ms. Velazquez: What I'm trying to do is create a record that's -- and perhaps, properly clarify whatl may have not presented the first go around, which was the fact that this is already an area that the compatibility of what's currently there is really not compatible with the area. I would like you to reconsider your first vote and perhaps recommend approval for both items. Commissioner Winton: Now, I would like to point out to my colleagues, ifyou look at that area to the north that's all -- that says R-2, that's all that mass of blue in there -- Chairman Teele: Uh-huh. Commissioner Winton: -- they are perfectly free to go and build any of those things in that zone today. Perfectly free to do it. Chairman Teele: Jumping the fence. Commissioner Winton: But there's more profit in landing on an R-1 zoning and rezoning it, and then building that, and that's my whole point. There isn't a compelling public reason to do this. They can go build those houses without any zoning change and on a -- three hundred lots north of there, so while you're arguing -- and I said this at the beginning. I said, usually when people come here for zoning changes, they present very limited rationale. You did a very good job of providing rationale for doing this, but from a philosophical standpoint, I'm totally -- and I have from -- since the day I got here -- I'm not in favor of changing -- upzoning properties anywhere in the City ofMiami, unless there's some compelling reason to do that, and there is no compelling reason to do it because the SD-22, in fact, does serve as the buffer from the commercial district, and that SD-22 buffer moves nicely to the single-family that's right behind it City ofMiami Page 88 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 . Perfect buffer right there. That's how it's all designed, so that buffer already exists for those single-family homes, and on the other side you've got R-2, which, again, is the natural buffer coming back to the R-1. There's no compelling reason to change the zoning. There's a profit reason to change the zoning, and I -- and particularly -- I mean, so, can't support it, and my motion -- I think I made the motion already. Priscilla A. Thompson (City Clerk): You did. Commissioner Winton: Didn'tI make a motion? Ms. Thompson: Yes, you did. Commissioner Winton: No, I couldn't have made a motion on this one. Chairman Teele: On the first one. Commissioner Winton: No, I did make a motion. Mr. Maxwell: Motion was -- Chairman Teele: There is no -- Commissioner Winton: My motion is still the -- Vice Chairman Sanchez: There's no motion on this one. Chairman Teele: There's no motion, yet. There is no motion, yet. In fact, ifI may, we've not even closed the public hearing. Commissioner Winton: Oh, my apologies. Chairman Teele: So, let's all relax. Counsel, are you about finished? Ms. Velazquez: I'm about finished. I just want to state one more thing. Chairman Teele: You've got to speak into the mike now. Ms. Velazquez: One more point. I'd like to point out, you're asking for a compelling reason. A compelling reason is that this rezoning would be compatible with the area. It's compatible because you have R-2 to the north and you have the SD-22, which allows for commercial and duplex. That is a compelling reason. Commissioner Winton: That's rational -- Ms. Velazquez: That is the reasoning -- Commissioner Winton: That's rationale. That's not compelling. Ms. Velazquez: Because -- that's what you need to look at when you rezone a property. Commissioner Winton: But in the definitions, that isn't compelling. It's just a rationale for doing so. Ms. Velazquez: When you rezone a property, there has to be certain criteria, and I think we do meet that criteria, which is that we're compatible with the area. City ofMiami Page 89 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 Vice Chairman Sanchez: What's on the property now? Commissioner Winton: Single-family homes. Ms. Velazquez: They're single-family homes. They're in poor condition. I mean, it's not -- it's not a wonderful street. Although, on this side to the north, where you have the duplexes, you have beautiful townhomes. Now, we're going to do even more beautiful townhomes because our project is consistent with the Coconut Grove Planning Study, so, in reality, what is -- you know, what do we have on the street? What we have on this street, we just have those four homes is what we have. Four homes that are in poor condition right now. Chairman Teele: All right. Are you finished, counsel? Ms. Velazquez: Yes. Chairman Teele: All right. Is there anyone here in opposition that would like to speak in opposition? All right. The public hearing is closed. Now -- Vice Chairman Sanchez: Was there any opposition the last time it was here? Ms. Velazquez: No. Commissioner Winton: There isn't any here today. Ms. Velazquez: I mean -- and we had no opposition in the -- during the Planning Advisory Board and we had no opposition in the Zoning Board. We had recommendations of approval on both boards. Chairman Teele: Now, the Chair would like to yield to the Vice Chair to carry out the meeting on this item. Vice Chairman Sanchez: OK. Who wants to be recognized? Chairman Teele: And I would like to be recognized. Vice Chairman Sanchez: You're recognized. Chairman Teele: You know, Commissioner, you've just convinced me that we did the wrong thing, and I'll tell you why. You see all the blue up there? This appears to be jumping the line, and that's sort of what I was looking at, but if you look behind the line, there is more blue to the south of this than to the north of it. In other words, the only thing that's left of those four lots there, if this were approved, the GI (Government Institution) is government, I suppose, is that right? So -- Commissioner Winton: Government Institution. Chairman Teele: Government institution, so there is -- there can be no westward -- that would be eastward movement of this use, so really, if you give -- if you were to consider giving the use in the green, that is, the PR (Parks and Recreation) here that is being requested -- Commissioner Winton: No, no. Vice Chairman Sanchez: No. City ofMiami Page 90 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 Commissioner Winton: It's the yellow, not the PR. The PR is Parks and Recreation. That's a park. Ms. Slazyk: It's just on the other side of the park. It's those little -- Vice Chairman Sanchez: It's those five lots. Ms. Slazyk: It's the finger, right. Commissioner Winton: It's adjacent to the park. Chairman Teele: So, where is -- how many lots is your application? Ms. Slazyk: It's five. Ms. Velazquez: Five. Vice Chairman Sanchez: Five lots. Commissioner Winton: It's the kind of greenish yellow one. Chairman Teele: And, so, the only one that you don't have would be the one -- Ms. Slazyk: On the end, right. Chairman Teele: Pink -- The one on the end, which would be R-1. Ms. Valezquez: But he doesn't have a copy of our application. Chairman Teele: This is almost a flip of the coin, though, when you really get -- Commissioner Winton: But it isn't a flip of the coin, if you listen to the point here. The point is, there's no compelling reason to provide upzoning here, other than giving them more profit. They can go build this stuff north without changing the zoning, because there's going to be other areas in the Grove where you have this same kind of-- and we have it all over the City. Doesn't mean that we ought to upzone the property so somebody could make more profit. Chairman Teele: But, Johnny, I don't disagree with that -- with the argument about profit, but what I'm saying is, in terms of continuity of use -- Commissioner Winton: And that's the point that I made to them that I agree with you on. If there was some compelling issue going on in this neighborhood right now -- as an example, you wanted to -- this was an area of slum and blight and you had an opportunity to link those sites, you're going to link something to the north and something to the south and this is in between it -- Chairman Teele: Uh-huh. Commissioner Winton: -- and you could create a bigger development zone, you would do this in a minute, in a minute, but we don't have slum and blight. There's no slum and blight there, so there isn't a compelling public reason to do this, at all, and so my view has been from day one, if there's no compelling public reason to upzone property, don't do it, because itjust gets us in a new mess. Vice Chairman Sanchez: All right. Still under discussion. No discussion. Is there a motion? City ofMiami Page 91 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 Commissioner Winton: I think we did -- well, move -- Vice Chairman Sanchez: No, there is no motion. Commissioner Winton: Move staffs recommendation for denial. Vice Chairman Sanchez: OK. There's a motion. Is there a second? Commissioner Gonzalez: Second. Vice Chairman Sanchez: Second by Commissioner Gonzalez. Open for discussion. Hearing none, all in favor -- Chairman Teele: (INAUDIBLE) discussion. Vice Chairman Sanchez: Discussion. Chairman Teele: I believe that this is a harmless request in terms of our overall goal of not creating areas that will open the door, the flood gate to upzoning. I think this literally takes the neighborhood and conforms it to what is to the north and to the south and what is to the east, that being -- the east being a government use or park, and there's a clear line there on McDonald Street that prevents it from jumping across the street. However, I don't represent this district. I don't know this district, and I have not heard a clear and compelling reason why the government should act in accordance to the request. I think it makes a lot of sense from the land owner's point of view, but there is really no compelling governmental reason. I could have been convinced that this is something that the staff would say, well, this is going to make the neighborhood all conform. If staff had said that, I would absolutely move to reconsider, but staff is not saying that. Ms. Velazquez: Let me just point out. In their analysis, they failed to mention the SD-22. They failed to mention -- Commissioner Winton: I didn't fail to mention that. I mentioned that in my whole discussion. Chairman Teele: The SD -- Ms. Velazquez: But would like for staff maybe to reconsider -- Chairman Teele: My whole -- Ms. Velazquez: -- analyzing this area again. Chairman Teele: Counsel, my whole argument is based on the SD-22. That is the strongest argument, in my judgment, that you have, and that is the SD-22 is right there and this just sort of fills in the blank. Ms. Velazquez: Exactly. Chairman Teele: -- but filling in the blank is not enough. There needs to be some governmental -- some compelling public policy reason why we should do this, and staff has not given us that. This is not a debate. Ms. Velazquez: No. IfI just may say -- Commissioner Winton: But -- excuse me, excuse me, excuse me. City ofMiami Page 92 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 Ms. Velazquez: Since staff has -- Vice Chairman Sanchez: The meeting -- Commissioner Winton: This is not a debate -- Vice Chairman Sanchez: It's not a debate. Commissioner Winton: -- and that is the whole point here. Vice Chairman Sanchez: There's a motion and a second. I think it's been debated back and forth. All those in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone opposing, having the same right, say "nay." Mr. Vilarello: It's an ordinance. Commissioner Regalado: Is it an ordinance? Commissioner Winton: Well, we denied them. Mr. Maxwell: Yeah, but the motion is to deny, so you don't read it. Commissioner Regalado: Oh, OK. Commissioner Winton: Yeah. Vice Chairman Sanchez: OK. So it fails unanimously. Commissioner Winton: So PZ's (Planning & Zoning) done. Vice Chairman Sanchez: PZs are done. City ofMiami Page 93 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 SUPPLEMENTAL ITEM SI.1 04-00116 DISCUSSION ITEM DISCUSSION CONCERNING THE PROCESS TO EMPLOY CITY OF MIAMI EMPLOYEES. 04-00116-email. pdf 04-00116 - report.pdf DEFERRED A motion was made by Commissioner Gonzalez, seconded by Commissioner Winton, and passed unanimously, to WITHDRAW item SI.1. Direction to the City Manager: by Commissioner Regalado to provide a list of new employees and the number of part timers who were allowed to apply for those new positions. Direction to the City Manager: by Chairman Teele to determine the period of time after which part time employees are to be considered to be eligible for pension benefits. Commissioner Gonzalez: Mr. Chairman. Chairman Teele: Commissioner Gonzalez. Commissioner Gonzalez: I also would like to pull SI.1, Supplemental Agenda I.1. Commissioner Winton: Which one is that? I'm sorry. Commissioner Gonzalez: Supplemental Agenda. Commissioner Winton: Supplemental. Where is that one? Chairman Teele: SI.1 is being requested to be withdrawn. Discussion. Is the Budget Director here? On that item -- Commissioner Winton: I can't find it. Chairman Teele: On that item, we -- this thing has been up at least four times. The last time it came up, and I want to -- it's my understanding that Commissioner Gonzalez has been working with the staff and I'm encouraged to learn that, but the request that Commissioner Regalado made that has never come forward to my understanding is the cost of converting part-time to full -time. Commissioner Gonzalez: Full-time. Chairman Teele: With -- and a tier in terms of those -- if we converted everybody that was under five years, everybody that was five years to ten years; ten years to 15; 15 to 20; 20 to 25 and 25 and over, and I don't know why we can't get that information, and we have been saying we're going to get this information, we're going to get this information, and I called the Director of Employee Relations yesterday to express my frustration, because every time that Commissioner Regalado has raised this, I have taken the side against Commissioner Regalado that we ought to just carte blanche do it, and we ought to know what the economic impact is, but if we can't get the information, I mean, his position is right. Just do it and let everybody figure it out, but that's not the way -- so can we get the information? City ofMiami Page 94 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 Commissioner Regalado: Mr. Chairman, I remember that the figures that we were given once, first, there was two million and something. Then there was eight hundred thousand dollars, and - - but it never -- it never -- so what are we supposed to do with this? Chairman Teele: Well, this is one of the things that we had fried to figure out, because, you see, every time the issue has come up -- and we're going to defer this item, butt just think we ought to have enough information before we defer it. Every time the issue has come up, we have said it's too expensive to convert, and there are personnel issues, and there are union issues, and there's all sorts of things that we've heard, and I kept saying I'm willing -- and I've confronted Charlie Cox, and, Mr. Cox, you told me that this is not a union issue, per se; is that correct? You need to say that on the mike, and what I've only said is before we start talking about converting, let's at least know what the financial implications are to it, and this is the first time we've been able to get this, because it's real clear to me that we've got a red herring here. It's real clear, this is a whole red herring. Mr. Cox, it has been reported to me by the staff on numerous occasions that the major objection to converting people that are part-time is an objection by your union, and you have said to me off the record or at least in passing that you all don't have a per se objection to this. Charlie Cox (President, AFSCMELocal 1970): Charlie Cox, Local 1907, 4011 West Flagler Street. That is the absolute truth. Every time you all have called me to the mike, which has been eight times in the last 14 years, I've told you, you need to do something with the temporaries. I've even given you the correct numbers when they gave you the wrong numbers, and I have never objected, but I don't -- what they're doing now, and I was -- they even talked to me about it - - I think is the right thing to do. Do it by seniority, and bring them in, and let them come in where they don't have to compete for career opportunities. They're looking outside the box, and I think it's a great idea, because if you open it up to everybody, then what's going to happen -- and again, I don't represent temporaries. I can't stop anything that you all do with this, but if there's people here that all of you have said have been here 20 years, 18 years, 19 years, those people ought to be the first ones getting these jobs, and that's only fair to those people that have - - when they came aboard said that, you know what? This is a temporary position, but it's a stepping stone into the City, and if you start bringing in people that just came aboard, and there's people out there 20, 30 years, then you're going to have the same problem again, and it's not my problem. It's the management's problem. Chairman Teele: All right. Thank you very much. We have a motion to defer the item. When did you all want to defer this item to? Commissioner Gonzalez: No, I just wanted to pull the item. Chairman Teele: To pull the item? Commissioner Gonzalez: Yeah. Commissioner Regalado: Mr. Chairman, then I will place it in the agenda whenever it's convenient for you. Commissioner Winton: So for the sake of conversation, I'll second the motion, but -- and I don't know that I necessarily agree with Commissioner Regalado or Commissioner Teele, but I think -- Chairman Teele: Well, I haven't made a position yet. Commissioner Winton: But the one thing that I agree with them wholeheartedly on, we need to get this out completely. Let's pick a time when y'all are ready in the very near future, and get this on the table and discuss it, and make some appropriate decisions about it, so I'm really in City ofMiami Page 95 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 favor of doing that, so -- Larry Spring: Commissioner, Larry Spring, Chief of Strategic Planning, Budgeting and Performance. In the next Commission meeting, we're bringing forth the part-time insurance benefit item. I would appreciate the opportunity if we can, over the two weeks, go ahead and meet with you, myself Employee Relations, go over this report in detail and either bring it up at that Commission meeting or the following one. Commissioner Winton: OK, so in no more than a month, this issue will be on the agenda, and we're going to thrash it out. Great. Chairman Teele: There's a motion -- Commissioner Gonzalez: I have a question for the -- Chairman Teele: -- a motion to defer, and any discussion I think on this is good, because I think it gives the management an opportunity to understand the direction, so -- when we bring this issue forward for a decision, so I'm obviously allowing limited open discussion -- Commissioner Gonzalez: Right. Chairman Teele: -- on this, so Commissioner Gonzalez. Commissioner Gonzalez: When are we supposed to -- when are you supposed to start negotiation with the different unions for the new plan? Joe Arriola (City Manager): Yeah. We're going to -- in April. The changed article we start in April, sir, sometime in April. Commissioner Gonzalez: So they start in April? Mr. Arriola: Yes, sir. Commissioner Gonzalez: OK, thank you. Commissioner Regalado: Mr. Chairman, one of the things that we need to -- at least need to understand. If you can get a list of new people, people from the street that have -- they have come up and been given a job to open positions, and the number of part-timers that were allowed to apply for that position, and if a part-timer was rejected, why was that person being denied the possibility? Because that's the only way to understand why these persons are not given the opportunity. I was hoping to hear what Commissioner Gonzalez had to say, because I think that, for instance, the guy that frims frees has to have a bachelor's degree and has to be a science major and all that, maybe astronomer or something like that, but I just want to understand the process to -- for employment of persons in the City ofMiami. Mr. Spring: Absolutely. Chairman Teele: Commissioner Sanchez. Vice Chairman Sanchez: Mr. Chairman, I agree on the issue that no decision should be made until we know the financial impact of the City, butl think that the original intent here, it's my understanding -- and we continue to broaden that with other things. One was that we had plenty of temporary employment, employees that for many, many years, they went temporary with maybe a promise of one day going full time, and they spend 20 some years, and then they're about to retire, and, of course, they're walking away. We all agree that that's unfair. The other City ofMiami Page 96 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 issue was that the employees who are temporary would have -- when the position became available, they would have first right of refusal for that position, but now, there's other issues involved that Commissioner Regalado is putting on the table, so I think we need to send a clear message to the administration of exactly what it is that we need as to all the items that we want to address, because there's a bit of confusion, because we tend to -- not to debate this, but we tend to give directions, but not full directions of what exactly that we want, so I want to get as much information as we can as to what is it that we want to accomplish, based on the direction this legislative body has given you, but I'm a little confused as to what that direction is at this time. Commissioner Winton: We haven't heard a direction. Vice Chairman Sanchez: Well, yes, we have. Commissioner Winton: Not a clear one. Vice Chairman Sanchez: Not a clear one, but we have talked about temporary employees who are about to retire and walk away with nothing. We've talked about temporary employees who are getting bypassed by people that are applying in and coming into the City, and now they're talking about -- one of the statements that Regalado made, which is we're hiring people for a position that may not require a degree, and they're asking for a degree. Is that what you're saying, Commissioner Regalado? Commissioner Regalado: Well, it was just an example. For instance, maybe a park attendant, maybe, that needs to have like high school or whatever. I'm just frying to understand why part- timers cannot access jobs that are being given to people coming directly from the outside, and that is my issue. I just want to understand, because, you know, if the notion is they are not qualified, then we have a problem, because they've been with us for many years, and -- Commissioner Winton: Commissioner Teele, let me see ifI understand what the administration said they're going to do, because what I thought I understood is thaty'all are in the process of crafting a recommendation to us. Rosalie Mark (Director, Employee Relations): Correct. Commissioner Winton: And you're going to come and meet with each of the Commissioners over the course of the next two weeks or so with your recommendations. That gives everybody an opportunity to give input back -- Ms. Mark: Correct. Commissioner Winton: -- which you will then remix in some fashion or another and come back to the Commission with a new recommendation that we will all debate and then ultimately make a decision on; is that not correct? Ms. Mark: Yes, that's correct. Commissioner Winton: OK. So then -- so we'll get into this whole debate about all this after you've had a chance to talk to each one of us on an individual basis. Ms. Mark: Correct. Commissioner Winton: OK. Chairman Teele: Let's fry to move this issue forward. I'm in agreement with Commissioner City ofMiami Page 97 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 NA.1 04-00139 Sanchez. I do think we've sent some mixed messages, and I think there are a number of conflicting and sometimes parallel policy issues, but the thing that I'm concerned about, most concerned about is recently, someone left the City after working part-time for 30 years. They didn't get a gold watch, they didn't get a dollar in retirement, they got nothing, and I think that is a terrible, terrible statement to send. I am concerned about, first and foremost, the City not abusing people and taking advantage by one hour or two hours, you know. Somebody's not making 40 hours, but they're making 35 hours. That's exploitation of workers in my opinion. In my opinion, that is exploitation, and I believe that the City should look at the economic model here and determine at some point people that have worked in this system for `X" number of years, whatever that number is, they're automatically given full-time status. That's where I want to come out. If somebody has been in this process for "X" number of years, I don't want to hear about, well, they may not be a good enough worker, or they may not be this, they may -- because we're exploiting them. I mean, if they're not good, then management should have gotten rid of them. I'm also concerned that at some period of time, not necessarily the first year or the second year that workers be able to get medical benefits that are part-time, and then the third thing is I think we should have a career pattern of preference for those part-time workers who can compete within the part-time category ahead of everyone else, based on merit and seniority for jobs, for jobs that are available, so there are about four or five different issues that I'm trying to sort of lay out, and all of which I think can be harmonized into one policy statement, but the policy statement that I'm most concerned about would be those six individuals, for example, that have been with the City for 25 years. I just cannot look myself in the mirror and say that we're treating these people right, and they have nothing. Ms. Mark: May I speak a moment? Chairman Teele: Yes. Ms. Mark: Rosalie Mark, Director, Employee Relations. The proposal that's in front of you incorporates all of those things. Chairman Teele: Good. Ms. Mark: So if you have an opportunity to read it, and then Larry and I will meet with you, you'll be able to see that it does address what we do current and what we do future, incorporating all those points. Chairman Teele: Those principles. Ms. Mark: Yes. Chairman Teele: All right. Well, we have the motion to defer. Commissioner Winton: Second. Chairman Teele: And a second. Is there further discussion? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? DISCUSSION ITEM FAIR TAXATION IN THE CITY OF MIAMI DISCUSSED City ofMiami Page 98 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 Direction to the City Manager and City Attorney: by Chairman Teele to ensure that the legal rights of the residents of the City ofMiami are protected, particularly as it relates to taxing the City for services that fall under unincorporated areas of the County; further directing the City Attorney to meet with City Attorneys of Hialeah, Miami Beach and Coral Gables and take appropriate legal action, if necessary. Chairman Teele: We have a number of personal appearances. Commissioner Regalado: Mr. Chairman -- Chairman Teele: We have several personal appearance items. One -- we're going to run out -- yes, sir. Commissioner Regalado: Can I say something now that we are talking about representation? I read copy of the letter from -- no, this is not about you. Commissioner Winton: OK. Chairman Teele: Thank you, Ms. Kaplan. Commissioner Regalado: It's about your boss. Chairman Teele: Ms. Kaplan. Commissioner Regalado: I read copy of the letter that County Manager George Burgess sent -- Chairman Teele: Before you say that, Ms. Kaplan, thank you very much for coming, and we want you to feel welcome to come at any time. We appreciate the way that you're approaching this issue. (INAUDIBLE COMMENT) Chairman Teele: Thank you. Commissioner Winton: Thank you. Commissioner Regalado: Mr. Chairman, members of the Commission, I read the letter that County Manager George Burgess sent our Manager, Joe Arriola. It's about the bond issue, and he is inviting the Manager to participate in some of the public meetings that they're going to have or they're having for the bond issue, for the people to give input. Well, I wish that Joe will be listening to this, because I think he should tell the County Manager, remember that phrase, there is no taxation without participation, and I'm saying this for one reason. The County is doing 26 public hearings from January to April on the bond issue. They want input from the residents about what should be in the ballot, what kind of bond issue program the residents want, and they're having -- they have already done 12. There's still 14 more to go. Let me tell you that I've seen -- I requested -- because I thought that read it somewhere and it was wrong, but requested the list. In the City ofMiami, we have been scheduled for one public hearing at 3 p.m. on Thursday, February 26th at the Stephen Clark Center on the 29th floor, the conference room, a public hearing. The other public hearing for the bond issue is at the Greater Miami Chamber of Commerce site in Biscayne Boulevard and the last one in the City ofMiami is -- was at the Latin Quarter on Southwest 8th Street and 15th Avenue, which, by the way, nobody knew about, so out of 26 public hearings, 13 are in South Dade County; four in Aventura and North Miami Beach. There is no way -- Commissioner Winton: That's unbelievable. City ofMiami Page 99 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 Commissioner Regalado: There is no way that the voters ofMiami will be able to give input about the way that the bonds are going to come up in the ordinance that will be placed in the ballot come November. When the voters ofMiami see -- the only thing that they're going to see is what the paper is going to report and what the paper is going to report is the bond issue, two hundred million dollars for museums, and when the voters see that if they vote no, their property taxes will be reduced (sic) from forty-six to eighty-four dollars a year, and if they vote yes, they're gong to be voting for two museums, you know, don't blame us in the City ofMiami. We have the largest voting block in the City, and we haven't had the possibility of a public hearing about the bond issue. 26 -- Miami has 400,000 residents. Out of 26, one in County Hall, one in the Greater Miami Chamber of Commerce and one in the second floor of the building in Little Havana. That's what wanted to say. I mean, you know, don't complain when people vote the wrong way, according to that. Chairman Teele: Could we hold discussion on that just for one minute? Chairman Teele: We left off with Commissioner Regalado raising some concerns about the bond hearing. I wanted to just say on the record the County has -- wears two hats and I think it -- we need to understand that the largest City in Dade County is the unincorporated -- City of Unincorporated Dade County. Commissioner Winton: Absolutely. Chairman Teele: It's sort of a non -city and we're the second largest when it gets down to -- like when you look at it that way. There's about a million people or so -- almost a million people who are Unincorporated Dade County. Now, the County has every right to hold hearings, because they are City Hall for that million people. If the bonds that they're recommending are for the Unincorporated Dade County, then they're 100 percent within their rights. If the bonds, however, are going to be wearing the other hat -- Commissioner Regalado: Countywide. Chairman Teele: -- countywide, then there's some other issues, andl think the City Manager and the City Attorney need to be as serious about protecting our citizens as the County is about protecting the unincorporated citizens, and if, in fact, there are going to be projects that are municipal in nature -- Commissioner Regalado: All righty. Chairman Teele: -- then those projects need to be subject to an unincorporated bond issue, and those issues that are countywide, such as museums or activities that are purely countywide should be subject to the countywide, but what we need to be very careful about is that we don't allow the County to tax the citizens ofMiami for something that is essentially a municipal function in the Unincorporated Dade County, and I'm sure that they've got a lot of good lawyers over there and budget people, and they -- you know, George Burgess knows how to figure this out and do it right, but think what your statement is, is a good warning that we will not sit by idly and allow the citizens ofMiami to be taxed for essentially municipal services in the unincorporated portions of Dade County. Commissioner Gonzalez: Mr. Chairman. Commissioner Regalado: Just very briefly. Chairman Teele: Commissioner Regalado, Commissioner Winton, Commissioner Gonzalez. City ofMiami Page 100 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 Commissioner Regalado: Just briefly. One of the meetings was in Aventura, and the residents of Aventura requested bond money for their beautiful park, which is fine. The meetings have been organized by a Tallahassee based PR (public relations) company. The people in Southwest Miami -Dade requested more roads, so what the people are doing in these 26 public hearings is they are giving input to the County Manager so he will bring to the County Commission the different projects that will be in the ordinance. I mean, you know, ifI were a conspiracy theorist, I would say that what they're trying to do is they're frying to rally the voters in unincorporated areas to vote for the bond issue, because they know that traditionally, first, the Hispanic community goes against any tax increase, and this will be a tax increase, because I noticed that they only had -- they had none of the hearings in Hialeah, which is also a large Hispanic population. In the City ofMiami --I mean, for the regular citizen, it's very intimidating to go to County Hall, 29th floor, or to the Greater Miami Chamber of Commerce. I mean, over there, you're -- I mean, people think that the movers and shakers will be there, and they will have tremendous input, but the people that vote will not be able to attend those hearings, and if you look at the addresses, yes, unincorporated, it's more than two thirds of all the meetings are being held in unincorporated areas, which is not mathematically correct, so I'm just saying, you know, that the citizens ofMiami, the residents ofMiami have not had the opportunity to have input on the projects that will be included in the bond issue that we will be voting on come November. That's all I wanted to add back. I mean, I just wanted to warn you guys that this is the way they are going and in those 26 hearings, Miami has gotten only three, but in very difficult places. Chairman Teele: Commissioner Winton, Commissioner Gonzalez. Commissioner Winton: I guess two things. I see it a little differently than Commissioner Regalado in that my view is that if the County took a chapter out of the City ofMiami book, you know, the City ofMiami, in fact -- I think everyone was surprised back in -- was it 2001 ? -- where we passed a two hundred and fifty-five million dollar bond issue, because we did, in fact, do a real good job ofgetting to the voters, educating the voters and making them understand how supporting the bond issue would be a benefit to this constituency, and my view is that this is about votes, and my view is that where I agree with you, Commissioner Regalado, is that they certainly need to do a much better job in the City ofMiami, because what they don't want to do is end up with the citizens of the City ofMiami and the citizens of Hialeah voting against this bond issue, because if they do -- if those two cities go against the bond issue, it will fail, and so I would hope that -- and frankly, there's a lot of things that have -- potentially end up in this bond issue that will be of great benefit to the City ofMiami and the region, but they've got to get to our voters, not just to the -- as Commissioner Teele would call it -- the Gucci shoe crowd, which I'm a -- I guess since I'm on the Executive Committee of the Board of the Chamber, I guess that's not -- but they can't just talk to folks at the Chamber, and as you said -- Commissioner Regalado: That's why I said that only the beautiful people go there, Johnny. Commissioner Winton: Yeah. And going to County Hall, our citizens aren't gong to go to County Hall, so I hope that they take your advice to heart and do a better job ofgetting to the real residents of the City ofMiami, which we can certainly play a huge role in helping them with if we do and they do a better job of working as a team to communicate all the issues and get the real requests from our citizens, as we did in this first bond issue, so I guess I'm kind of echoing your comments with a little different twist, which is about losing the votes, which I think would be very costly. Commissioner Gonzalez: Well, my comment was that we need to inform -- I believe that we need to inform the residents of the City ofMiami about this bond issue and about this deal, because what is happening is that no matter how much effort the City ofMiami makes to reduce taxes and to reduce fees, whenever we go out there, we, the politicians -- not the administrators, not the -- well, the people that work for the City, they're concerned about some other things. We are the ones that have been told, you raised my taxes, you keep raising taxes and you keep raising taxes City ofMiami Page 101 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 and there's no way that -- You know, we keep telling the people -- I keep telling the people in my disfrict we didn't raise taxes. We froze the solid waste. We did this. You know what? The County is murdering the taxes of these people, because they don't raise taxes. What they raise is the property value, and once they raise the property value, automatically, taxes are increased, so, you know, I believe -- and I'm going to do it myself. I'm going to do it with the people in my disfrict. I'm going to let the people in my disfrict know exactly what this bond issue is all about, and what it does entail, OK, so they -- when they vote for it or against it, they know what they're voting for. People are going out to the polls and they're voting, and then they -- you know, then they start screaming, oh, they raised my taxes, they raised -- there is another tax, there is another fee. Well, you voted for it, you know. You were not informed, so I believe that we should -- you know, our residents, we should let them know exactly what's going on with this bond issue. Chairman Teele: Commissioner Sanchez. Commissioner Gonzalez: It's the same deal about -- like the problem with the social services and the grants from USHUD (United States Department of Housing and Urban Development). All the senior citizens blame the City ofMiami government because of the reduction on the monies and the services, and no matter how much we tell them that it's not our responsibility, that we don't -- that that money comes from Washington and Washington is the one that is doing the cuts and is doing -- you know, they still don't believe us, and now, we started a campaign where we're going to go to every senior center, and I'm going to work my seniors and I'm going to work all my precinct churches that I belong to, the conglomerate of precinct churches. I'm going to make every one of these people sign a card and send it to each one of our Congressmen and our Congresswomen, to our Senators, to the President, to the Director of USHUD, so they get -- you know, they get the feeling of what we're getting down here because of their actions up in Washington. Thank you. Chairman Teele: I would hope that we can resolve that we would like to see the County bond issue pass. I think what the County is trying to do is, in the long term, for the benefit of the County. However, I'm very concerned about one aspect, Mr. Attorney, and I want to say this. I want to direct these remarks to the Attorney. I'm charging you, as this Commissioner, with protecting the legal rights of the citizens of this City, and I'm urging you to meet with the Attorneys from Hialeah, Miami Beach and Coral Gables, because if the County is going to do a municipal bond, in effect, an unincorporated bond on a countywide ballot, I expect you all to be in court, all together, against that. They cannot pay for municipal functions on a countywide ballot, and the County will do anything that the municipalities will roll over and let them do, and I want to support it. I want to support the museums. I want to support transportation projects. I want to support anything that is countywide. Commissioner Winton: Water and sewer. Chairman Teele: Water and sewer, infrastructure, perhaps. That's not countywide. That's a special district, as their Fire District is, but somebody needs to make sure that the respect of the citizens ofMiami is being protected. The citizens ofMiami have no business paying for something in the unincorporated area of Liberty City, OK? I don't have to talk about South Dade or the Northeast area. That is not the responsibility of the citizens ofMiami to pay for. They pay for their own roads and sidewalks, et cetera, and we need to be very careful, Mr. Attorney and Mr. Manager, that if they're going to do this that they make sure that they do the countywide issues on a countywide ballot and the unincorporated issues on an unincorporated ballot, and I'll support 100 percent of both, sight unseen, butt will not support any ballot issue that is going to put an unincorporated issue and put it on the citizens ofMiami. The burden is heavy enough, so I would hope, Mr. Attorney -- I don't know if you guys have a fellowship, the attorneys, guys and ladies of the various municipalities, but this is not a Miami problem. Commissioner Winton: If they don't, it's time to create one. City ofMiami Page 102 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 NA.2 04-00142 Chairman Teele: This is a Hialeah, Miami, Miami Beach, Coral Gables and all the other cities that want to do that, because right is right, and fair is fair, and we need to do the right thing. Chairman Teele: All right. Are there any other matters to come before the Commission? Commissioner Regalado: Yes. Chairman Teele: Commissioner Regalado. Commissioner Regalado: Just a brief follow up. Remember, we were talking about the town hall meetings that the County has organized for the bond issue. I'm looking over the list of the next one, two, three, four, five, six, seven, eight, nine -- there will be nine public hearings within a 10-mile radius in South Dade County in the next three weeks, so we all can go there. Chairman Teele: Well, again, I hope we can figure out how we can work with the County on this and support it if we can, and -- but I have very real concerns that we don't allow a municipal function to be viewed as Countywide, and I think, in that regard, all of the municipalities should have that same concern. Further items to come before the Commission? If not -- Commissioner Gonzalez: Motion to adjourn. Chairman Teele: It's always in order. Meeting stands adjourned. DISCUSSION ITEM CIRCLES AND OTHER MEANS TO SLOW TRAFFIC DISCUSSED Direction to Administration: by Chairman Teele to meet with each Commissioner regarding traffic problems and development of traffic circles in certain areas of the City, particularly on N. W. 2 Avenue around IV.W. 11 th Street; further directing the Administration to drive up to IV.W. 2 nd Avenue between IV.W. 14th St. and IV.W. 11 St. and report back on what the correct alignment of that portion of IV.W. 2nd Avenue should be. Direction to the Adminisfration: by Commissioner Gonzalez to immediately repair the hole in the sidewalk on the northeast corner of IV.W. 7 Street and 34 Avenue which has a pipe sticking out. Direction to the Adminisfration: by Chairman Teele to follow up on a previous request to substitute the dollars for the project on IV.W. 54th Street for traffic calming, vegetation, landscaping, etc. Note for the Record: Commissioner Winton stated that the future placement of traffic calming devices and the like should be made part of the overall master plan. Commissioner Regalado: Mr. Chairman, I have an item regarding prostitution in the Flagami area. Chairman Teele: Before you do, are you going to do this D4.3, discussion increasing -- Commissioner Winton: We did it. Commissioner Regalado: We did it. City ofMiami Page 103 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 Vice Chairman Sanchez: We already did it. We approved it already. Chairman Teele: All right. Commissioner Regalado: We did it. Commissioner Winton: I moved it. Chairman Teele: OK. Commissioner Winton: He moved it. I seconded it. Chairman Teele: Mary, before you all leave, let me mention one thing. Some years ago -- and please don't get excited, Commissioner Regalado -- Commissioner Regalado asked for some consultants to be employed to look at circles in certain neighborhoods. Now, I don't know if that's going well or not. Commissioner Regalado: Well, you know, the last administration was able to accomplish one circle, but what happened is -- Unidentified Speaker: That's great. Chairman Teele: That's great. Commissioner Regalado: One circle. It was a test thing, but what happened is that if you drive by there now, 43rd Avenue Southwest and 5th Terrace, what you're going to see is all this thin, wooden sticks all around the area, and not around the circle because everybody is driving through. Commissioner Winton: It was temporary. Commissioner Regalado: It was the temporary thing. Commissioner Winton: And that don't work. Chairman Teele: They don't work. Commissioner Regalado: And everybody is driving through and knocking those things down. My hope is that someday we can have what we promised the people when we campaigned for the bonds. Traffic humps to -- fraffic calming devices. See, the more projects we approve in the Coral Way area, in the Northwest in Flagler, in Southwest 8th Street, the more impact on the residential areas of the City of people frying to cut through east and west every day. It's happening in my house. I live one block off Coral Way. It's happening there. Chairman Teele: The point that I wanted to make -- and I know that this was a previous discussion with a previous administration. There is an ongoing request that is open for a study and -- Vice Chairman Sanchez: There are two open requests. Chairman Teele: It's a bunch of open requests for fraffic circles -- Vice Chairman Sanchez: Pertaining to traffic calming devices, there are two that came out of the Quality of Life. City ofMiami Page 104 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 Commissioner Regalado: Yeah. Vice Chairman Sanchez: One for Regalado's district and one for my district. Commissioner Regalado: Yeah. Chairman Teele: And, again, I know this was something that Commissioner Regalado had said. I had the opportunity to meet with the Manager yesterday and raise it, and it's something that I'm going to be putting on the agenda for the next meeting, as it relates to one particular area, and I didn't want to put my area on and then spark a big fight about traffic circles, but think you need to meet with all of the Commissioners. It was a commitment as a part of the Quality of Life Bond issue, as Commissioner Sanchez has said, in certain areas, and it's one of those unfulfilled commitments, butt would like you -- while you're here, I'm going to be asking on 2ndAvenue -- Northwest 2nd Avenue, between 11 th Sfreet -- around 11 th Sfreet, for a circle to be studied and come back, butl would like for you and the Public Works Director to go up 2ndAvenue at 11 th Sfreet, and go north and tell me where 2ndAvenue went, because what happened was, when they did the Metrorail, whoever did it, did it fi^om the corporate board room -- and I raised this five times with the previous administration, and nobody's ever gone out and done it. They've got 2nd Avenue in the wrong place. 2ndAvenue goes to the west one block, and whoever did it, when they were redoing the streets, as a result ofMeforail, missed 2ndAvenue, so you've got 2nd Avenue running into 2nd Court, and the 2ndAvenue is about three blocks long, so would you all look at that, between 14th Sfreet and 11 th Street, and tell me if that's the right alignment for 2nd Avenue, as well. Mary Conway (Transportation Coordinator): Yes. We will go out and take a look at it. Chairman Teele: I just don't understand how somebody could let -- and how a community could let that happen for so long, but -- Ms. Conway: What we'll also is we will brief both of the Commissioners regarding the current status on the fraffic calming assessments that are underway. We have been -- Vice Chairman Sanchez: The process is not a simple process. Chairman Teele: No. Vice Chairman Sanchez: First of all, we've gone through the process, and I'll tell you where we got snagged, or where we are facing delays. We went through the entire process of having the community meetings to have the community tell you exactly what were the intersections with the problem. Then we did a traffic study as to identify the intersections with the most problems. The problem was the consultant who came back with not what we had allocated out of the Quality of Life, which wasn't much money to start out with, they came back with an astronomical figure as to the plans that they had envisioned. That really set us off course because we didn't have enough money to get back, so the other issue was now to have the traffic calming devices put on the street is where it went through the County. That was a long process. We got it through the County. We just had another meeting with the homeowners, and now the problem is that, you know what? Everybody wants a traffic calming device in front of their house, or in their intersection. That becomes a problem, so that's where we're snagged right now. As a matter of fact, my staff has been in contact with Public Works to see how we could justgetgoing, because people -- you know, once again, we say we're going to do something, and we go through years and years, and every time you meet somebody out on the street -- hey, when are they going to get those traffic calming devices implemented? Well, we're going through this study. We're going through the process. You know, that's government for you, a long process. Chairman Teele: But, Commissioner, on that point, would you yield? On the fraffic circles, if City ofMiami Page 105 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 the number came back astronomical and we committed to it, we need to find the money from the bond issue, from the People's Transportation Plan, or somewhere. We don't need to make commitments and don't deliver, you know, and I think, unless it's just an unrealistic cost. I mean -- but if we made the wrong estimate in our budget analysis but the cost is reasonable, that's what it costs, we need to try to live up to our commitments, I believe. I really do. Ms. Conway: Commissioner, I'll have to go back and verify because I'm not certain that it's only a cost issue. It may also be that the County has jurisdiction over all fraffic control devices, and we just need to verify that they, in fact, have approved the locations. If they have, then it's an issue of funding. If they haven't, then it's an operational issue that we need to address with the County. Chairman Teele: Commissioner Regalado. Commissioner Regalado: You were not here. Three years ago, remember that started asking for the traffic circles? I brought here the Public Works Director of the City of Coral Gables. He came with the details. Each fraffic circle cost Coral Gables eleven thousand dollars, study and everything done. Then, we requested information about fraffic humps. It cost twenty-seven hundred dollars for one block, has to be 500 feet long the road. Twenty-seven hundred dollars with the traffic humps, and two signs. That's the cost that Coral Gables have paid in the past. I - - the -- what requested -- the Coral Gate study, which I think is somehow finished, but the study for Flagami, the study for Shenandoah, it's never been done. I am -- and like Commissioner Sanchez said, you know, we went out and promised the people, and now we are just in the middle of a crossfire, but that's the figures that the people from Coral Gables paid. In fact, the Public Works Director came here and offered the City their contract to piggyback. I don't know if that is current because that was three years ago, but nothing happened during the past administration, and it's very sad because the amount of development and how quick these buildings are going up is faster than the possibility of doing traffic calming devices in the residential areas, and we're going to get caught into a big problem, and I, for one, if -- of the qualify of life of our area, I am willing to use the money that is necessary because that is the first request of the resident close to major arteries; Southwest 8th Street, Flagler and Coral Way. Chairman Teele: I told you he (INAUDIBLE) Commissioner Gonzalez: Mr. Chairman. Chairman Teele: OK. All right. Commissioner Gonzalez: Mr. Chairman. Chairman Teele: Further discussion. Commissioner Winton, did you want to add in on -- Commissioner Winton: I think Commissioner Gonzalez -- Chairman Teele: Commissioner Gonzalez, I'm sorry. Commissioner Winton: -- and then I'm going to say one quick thing. Commissioner Gonzalez: Yes. I'm glad that this discussion has taken place because right on the other side of the TV (television) camera, there are some residents of Northwest 3rd Street and 55 Avenue that has been asking me for the last three years to do something about the fraffic and people are speeding in that sfreet. That is a sfreet that is divided between Commissioner Regalado and myself. It encompasses both districts, and as a matter of fact, it's Commissioner Regalado's district. I have sent -- they have called the Commissioner's office. I have sent e- mails to the Commissioner in regards to these residents' complaints, and now they understand City ofMiami Page 106 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 what the problem has been that it hasn't been solved. It hasn't been because Commissioner Regalado didn't want to solve the problem, or because I didn't have any interest in solving your problem. We all wanted to solve your problem, but you're seeing exactly what the problem is. At the same time, if you allow me, Commissioner Regalado -- because I know this is your item, but I would like to ask a couple of questions about another situation. Commissioner Regalado: Yes, sir. Commissioner Gonzalez: I've been reporting a hole on a sidewalk for two years. It used to be a fire hydrant. I don't know if it's still -- if it belongs to Fire. I don't know what it is, but we have a hole this big in the sidewalk, with a piece of pipe coming out that I don't know how come there haven't been people there that haven't had accidents. Chairman Teele: What's the address? Commissioner Gonzalez: We have put cones all over the pipe. We have placed signs. We have done -- but, you know, we haven't gave a solution to a simple, single problem that it will probably take half an hour to take care of and my question is, are we waiting for somebody to get hurt there and sue us, and then have the City Attorney come back with a settlement of two hundred thousand dollars because somebody broke their leg or their face, or they cut their feet with a piece of metal pipe? Stephanie Grindell: Stephanie Grindell, Director of Public Works. Can I have the address of that location? I'm not familiar with it. I apologize. Commissioner Gonzalez: I'm going to give it to you but you should have it. Ms. Grindell: And I will have it in -- Commissioner Gonzalez: You should have it -- Ms. Grindell: Correct. Commissioner Gonzalez: -- because we have -- my office has sent I don't know how many e- mails. I have talked personally with the prior directors about this problem, and -- yeah. The address is Northwest 7th Street and 3rd -- Northwest 7th Street and 34th Avenue. It's in the northeast corner. Ms. Grindell: I'll have it addressed immediately. Commissioner Gonzalez: I hope so. If not, I'm going to be putting it on the agenda every single meeting until it gets done. Ms. Grindell: It will be done before the next meeting. Commissioner Gonzalez: Because I think that's the only that things will get done in this city. OK. Thank you. Chairman Teele: All right. Commissioner Sanchez, D3.1 and 2. Commissioner Winton: Could I make one comment on this issue -- Chairman Teele: Yes, of course. I'm sorry. Commissioner Winton: -- of the traffic calming devices? Commissioner Sanchez said that -- City ofMiami Page 107 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 something to the effect that his neighborhoods are going to ask for one every block. My personal view is that in all of these neighborhoods where you have multiple major thoroughfares going one way through them and the grid system that we have that is a perfect invite to cutting through neighborhoods, that the traffic calming devices, in fact, are something that we're going to have to really focus on from a long-range planning standpoint and put in place at every single intersection in many of these neighborhoods where this grid system works so well, because the traffic isn't going to get worse -- I mean, get better. Chairman Teele: Better. Commissioner Winton: It's going to get worse, and the more -- the greater the density you have in the City ofMiami, particularly absent a real transit system that we're beginning to work on, but that's still a long ways out, but I think these traffic calming devices are something that we ought to be talking to the County about as a part of the general obligation bond issue, or talking to ourselves about relative to our next bond issue whenever we put it out, which I think we need to start thinking about in the not too distant future, because those issues that Commissioner Gonz alez is talking about, Commissioner Regalado's talking about, Commissioner Sanchez is talking about, and I have them in my own -- and you have them in yours, Commissioner Teele, are going to get much worse over time, so my recommendation is, that we take this whole issue of traffic calming devices in these circles -- Key Biscayne's done a beautiful job on a couple of their streets -- on narrow, narrow streets of creating those -- they're oblong circles, if you will, as opposed to circles, but I think we need to put this as a thinking priority and begin to develop a master plan for dealing with this issue over the long haul. That's my view. Vice Chairman Sanchez: OK. Commissioner Winton: That's all I have. Chairman Teele: All right. And, Mary, the previous administration had asked me to advance the project involving traffic calming and vegetation -- landscaping, et cetera, over there in the -- off of 54th Street, and we had said that we were going to substitute those dollars. I'm still waiting on you all to come in with that substitution. Ms. Conway: And I've made a note of that from our prior discussion, and we're looking at that right now. Chairman Teele: All right. NA.3 04-00143 DISCUSSION ITEM MARTIN LUTHER KING EVENT FUNDING Motion by Commissioner Gonzalez, seconded by Commissioner Winton, PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Teele Absent: 1 - Commissioner Regalado A motion was made by Commissioner Gonzalez, seconded by Commissioner Winton and was passed unanimously, with Commissioner Regalado absent, to direct the Administration to come back at the next Commission Meeting with a report regarding funding for city services and activities for the annual Martin Luther King, Jr. event; further requesting that the Administration meet with the Martin Luther King Jr., Committee and the Mayor's Special Events staff and bring back a recommendation on any activities related to said event. Chairman Teele: All right. Commissioner Winton, did you have some blue page item? The time's about 12 o'clock. City ofMiami Page 108 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 Commissioner Winton: I changed my mind. Chairman Teele: Commissioner Gonzalez? Commissioner Gonzalez, would you consider, moving on my behalf a request that the City staff make a report at the next meeting regarding the annual Martin Luther King event that takes place with the Mayor and Commission on 62nd, regarding funding for City services and activities for that event? Commissioner Gonzalez: So move. Commissioner Winton: Second. Chairman Teele: Moved and seconded a report to meet with the Martin Luther King Committee and the Mayor's Special Events staff and to come in with a recommendation on any activities relating to that at the next meeting. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed. Are there any other matters, Mr. Manager, that you have that need to be brought up this morning? Because I'm -- it's my hope that we can get out of here today around 4 or 5 o'clock, if we can stay focused. Commissioner Winton: Four sounds good to me. Chairman Teele: Larry, did you have something? Commissioner Winton: That means no? Chairman Teele: All right. Then, we'll come back at 2: 50 -- Commissioner Winton: Two, five, zero. Chairman Teele: -- and we'll take -- we'll defer the first two items and take up the third one. NA.4 04-00134 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S) DIRECTING THE CITY ATTORNEY TO TAKE ANY AND ALL ACTIONS NECESSARY OR PERMITTED TO PROTECT, PRESERVE AND DEFEND THE INTERESTS OF THE CITY OF MIAMI ("CITY") AND ITS CITIZENS REGARDING THE PROVISIONS OF ANY RESTRICTIVE COVENANTS ON THE PROPERTY LOCATED AT 2947-49 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA, AS DESCRIBED IN THE ATTACHED, INCLUDING BUT NOT LIMITED TO ANY ACTION AUTHORIZED BY LAW OR EQUITY TO OBTAIN ANY RELIEF OR TO REMEDY ANY LOSSES, DAMAGES OR VIOLATIONS. 04-00134 - covenant.pdf Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0074 City ofMiami Page 109 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 Commissioner Winton: Now, we just have to make appointments. Commissioner Regalado: Before we -- Chairman Teele: No, no, no. Before we do, we promised -- we have two items. We promised Commissioner Regalado would be afforded the opportunity to talk about the prostitution problem. Commissioner Winton: Go ahead. Commissioner Regalado: Right, butt just want to ask you a question about PZ (Planning & Zoning). Alicia, don't go. Mr. City Attorney, are covenants enforceable? Joel Maxwell (Deputy City Attorney): Yes, sir. Chairman Teele: Covenants? Commissioner Regalado: Yeah. Mr. Maxwell: Absolutely. Commissioner Regalado: They are? Mr. Maxwell: Yes, sir. Chairman Teele: What (INAUDIBLE)? Mr. Maxwell: Covenants. Commissioner Regalado: What happens if an entity that has been granted a zoning change with a covenant does not respect the covenant? Mr. Maxwell: If you're asking me if someone who's tendered a voluntary covenant to the City violates the provisions of that covenant, what the City's remedies would be? Commissioner Regalado: Yes. Mr. Maxwell: The remedies would be, one, we exhaust -- our administrative remedies mean we take them to Code Enforcement. We go through that whole process. We have alternative remedies, as well, and that would be to go to court to seek an injunction to enforce the covenant, so we have those remedies that are available to us. Commissioner Regalado: How long is the process? Mr. Maxwell: Well, it depends on which one you seek. If you go to Code Enforcement Board, of course there are the notices and then Code Enforcement Board, and then the imposition of fines. If you go to court, we can go in a very short time, if the Commission directs us to do that. Commissioner Regalado: OK There is a situation -- Vice Chairman Sanchez: Do you have a specific case? Commissioner Regalado: Yes. Specific situation on Southwest 22nd Terrace, where another members of the Commission, none of us were here in 1994, I think it was, that a zoning change was granted with a covenant that there will be no exit from the Coral Way business to 22nd City ofMiami Page 110 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 Terrace. Now, they have opened the -- they have demolished the wall, and there is exit and the residents have copy of the covenant. The residents have been there for many, many years, and they're asking the City why we are not enforcing the covenant, and this was my question. It's been three months, four months and nothing happened. Code Enforcement, I understand, have cited the owners, but the site is still open and their exit from a cafeteria to the residential street, and I've been requested by the residents to find out what's going to happen. Mr. Maxwell: I'm familiar with that issue, Commissioner, and I am of the -- I believe the Code Enforcement, the NET (Neighborhood Enhancement Team) Office, that is, Code Enforcement Unit has in fact cited them or they've indicated that they've cited them, one, for removing or demolishing a structure, namely, the wall that did run behind that establishment without a permit, and secondly, for violating the covenant, so they have -- they will or should have been cited for that. They will be given an opportunity to cure. If they don't cure, they then will be taken to the Code Enforcement Board. The Code Enforcement, that could be done in short order, once the period of time runs for them to cure, and then if the Code Enforcement Board acts on it, they will be fined at the rate of two hundred and fifty dollars a day. Considerable amount of money. I would think that that would be enough incentive for them to block that area as soon as the Code Enforcement people notify them of the violation, so that there is no egress onto, I believe that's Southwest 23rd Terrace? Commissioner Regalado: 22nd. Mr. Maxwell: 22nd Terrace. That should be enough incentive right there. Also, if they have erected any structure or any improvements within the public right-of-way, we, of course, could either require them to remove it immediately or we could remove that, and I would suggest to you that -- exhaust administrative remedies -- a quick exhaustion of administrative remedies would be the route to take on that. Commissioner Regalado: No, because the first citation was for paving without a permit, but if they go out and get a permit and pay double -- Mr. Maxwell: Well, I doubt if they could obtain a permit to do that. What they're seeking to do is not permitted. Commissioner Regalado: I know. Mr. Maxwell: There's no legal authority for them to do that, but they can get a permit. Commissioner Regalado: But that was my -- my only point is, how enforceable are covenants? And that is my only point, because you know what? The problem that we have here is a problem for the future, because when we area Commissioners grant something that some residents are not comfortable with, we tell the residents, there is a covenant and the covenant will protect you, but that covenant no longer protect these residents, and it's been four, five months since it was violated, and my question is, how long? That's all I want to know. Commissioner Gonzalez: Commissioner, would you yield? Mr. Maxwell: Well, I -- Commissioner Regalado: Yes, sir. Mr. Maxwell: This issue, as far as I know, just reached the Legal Department just a short while ago. It's not that the Law Department hasn't moved on it. We would not go into court to seek an injunction or to do anything like that on a covenant without the City Commission's specific direction to do that, which we have not obtained or even asked for or been directed to seek, and I City ofMiami Page 111 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 understand, as I pointed out before, that the Code Enforcement -- and, of course, administration could speak for Code Enforcement -- but the Code Enforcement Department is moving on that. If the City Commission does not want us to wait for the Code -- for Code Enforcement Board to address the issue, then they can seek -- two things can happen. One, we could seek other remedies in terms of the access that is going across the public right-of-way to see if there's some way for us to place obstructions in a way that won't produce additional liability or any liability to us, but yet obtain the desired result to keep the traffic from going through, while, at the same time, probably pressuring the property owner to barricade that area, as well. Commissioner Regalado: But, you see, what I'm discussing here is the credibility of the City Commission, not the barricades. What I'm discussing here is that the people say, we have a covenant and it's been violated, and you guys don't do anything. It's very difficult to explain the process, you know, and I don't have any problem, and I understand. First, I sent a request to Planning, then they send it to NET, NET to Code Enforcement, Code Enforcement. Finally, I sent it to the City Attorney, and it's -- the process is going on, but my point is that the enforcing covenants or not enforcing covenants with the speed that residents believe, it becomes a problem of credibility for the City Commission. Next time that we tell the residents don't worry, you're protected because there is a covenant, that's the problem. You know what mean? Mr. Maxwell: Yes, sir. Commissioner Regalado: So, I -- next Commission meeting, I would then ask my colleagues if that area is not secure, to request the City Attorney to go to court. Commissioner Gonzalez: Mr. Chairman. Mr. City Attorney, you told the -- my colleague, Commissioner Regalado, that there is two options, to go with Code Enforcement and to go to court, right? Mr. Maxwell: Yes, sir. Commissioner Gonzalez: My suggestion is that you take the second action, because if you go to Code Enforcement, the way -- Commissioner Winton: It's better to do both. Commissioner Gonzalez: Or do both, but fry to get the -- you know, if it is an urgent matter, you should try to, you know, go the shortest route, because code enforcement is a process that sometimes take forever, and even though people are fined two hundred and fifty dollars a day, a year from now, they will come back and they will say, I already complied, and then they will be asked, how much do you want to offer? They're not even told you're fined five thousand dollars or ten thousand dollars. They ask them, how much do you want to -- you have a fine pending of twenty-five thousand dollars. How much do you want to offer? In some cases, they will say, three hundred dollars. Motion for three hundred dollars, and you have your neighbors suffering or your constituents suffering because of these conditions for a year, and whoever the person is violating this covenant, you know, won't pay any attention to the matter, so my suggestion to you is that, you know, bring this back to the Commission for action, you know, to make sure that things are enforced. Commissioner Winton: I think (INAUDIBLE). I don't think my mike's on. Got to be both -- doing both things at the same time. Vice Chairman Sanchez: All right. Commissioner Winton: Our Legal Department ought to be full steam ahead at taking legal action at the same time we're going to Code Enforcement on these kind of circumstances. City ofMiami Page 112 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 Vice Chairman Sanchez: All right. Mr. Maxwell: As I understand -- Commissioner Winton: Next. Vice Chairman Sanchez: Mr. Chairman. Mr. Maxwell: Just one -- I'm sorry. Mr. Vice Chairman. Chairman Teele: (INAUDIBLE) approve this issue. Commissioner Regalado, you've got us tied up here. Now, we've got a prostitution issue? Vice Chairman Sanchez: We have a what? Commissioner Winton: Prostitution issue. Commissioner Regalado: Prostitution issue. Mr. Maxwell: Before -- ifI will -- ifI can, Mr. Chairman, I just wanted to make sure I understand the direction because there was a discussion -- Vice Chairman Sanchez: How did we go from code enforcement to prostitution? Mr. Maxwell: There was -- Commissioner Regalado: More or less -- Commissioner Winton: The agenda item was prostitution. Mr. Maxwell: Excuse me. Mr. Chairman and Vice Chairman, on the item that you had just discussed, so I'm sure -- I'm clear on the direction that was given, I believe Commissioner Regalado, before the other their discussion, his motion was that if they have not taken care of this problem -- Commissioner Regalado: I haven't made any motion. I said that next Commission meeting, if it's not closed -- Mr. Maxwell: Yes. Commissioner Regalado: -- I'll move to direct the City Attorney to file suit to go to court -- Mr. Maxwell: OK. Commissioner Regalado: -- in order to -- Commissioner Winton: (INAUDIBLE) make a motion right now. Commissioner Regalado: Well, I mean, you know, I was waiting but I'm ready to make the motion. Vice Chairman Sanchez: Make it. Commissioner Winton: We'll support that. City ofMiami Page 113 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 Commissioner Regalado: OK Motion to direct the City Attorney to go to court and seek an injunction to close the area -- Commissioner Winton: All remedies (INAUDIBLE). Commissioner Regalado: -- already open and violating the covenant. Commissioner Gonzalez: Second. Commissioner Winton: Second. Chairman Teele: All those in favor of the item, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? NA.5 04-00131 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DISBURSEMENT OF FUNDS, IN AN AMOUNT NOT TO EXCEED $2,000, FROM THE COCONUT GROVE SPECIAL EVENTS & MARKETING COMMITTEE FUND FOR MARKETING PURPOSES FOR THE MADE IN MIAMI FILM FESTIVAL, HELD JANUARY 14 THROUGH 25, 2004. Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0082 Chairman Teele: All right. Commissioner Regalado: Mr. Chairman, I have one, two, three -- Chairman Teele: Financial update. Commissioner Regalado: -- four from the Coconut Grove Special Marketing Committee. I have four pocket items from the Coconut Grove Marketing Committee. Chairman Teele: All right. Pocket items, please. Commissioner Regalado, you're recognized. Commissioner Regalado: A resolution of the Miami City Commission authorizing a disbursement in the amount of two thousand dollars from the Coconut Grove Special Events and Marketing Committee Fund for marketing purposes to the "Made in Miami Film Festival," which was held January 14th to the 25th, 2004, in the City ofMiami. So moved. Chairman Teele: Is there a second? Commissioner Winton: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 114 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 Chairman Teele: All opposed have the same right. NA.6 04-00132 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DISBURSEMENT OF FUNDS, IN AN AMOUNT NOT TO EXCEED $3,500, FROM THE COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE FUND FOR MARKETING PURPOSES FOR THE AMERICAN CANCER SOCIETY "RELAY FOR LIFE" EVENT TO BE HELD IN PEACOCK PARK ON MARCH 19-20, 2004. Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele NA.7 04-00161 R-04-0083 Commissioner Regalado: A resolution of the City ofMiami Commission authorizing a disbursement on the amount of three thousand, five hundred dollars from the Coconut Grove Special Events and Marketing Committee Fund for marketing purposes to the American Cancer Society Relay for Life event to be held in Peacock Park on March 20 -- March 19, 20, 2004. So moved. Commissioner Winton: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. DISCUSSION ITEM MARCH OF DIMES MOTION A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and passed unanimously, to grant a waiver of the park fees and convention center parking fees for the March of Dimes event scheduled for April 3, 2004 in Coconut Grove. Commissioner Regalado: A motion that the City ofMiami Commission grant a waiver of the park fees and convention center parking fees for the March of Dimes, scheduled for April 3, 2004, in Coconut Grove. That is a recommendation of the committee to the City Commission. Commissioner Winton: What are we waiving? Chairman Teele: March of Dimes. Commissioner Regalado: The March of -- a motion -- Commissioner Winton: To waive the fees, the fees that we waive for everybody else. Commissioner Regalado: The park fees. The park fees. City ofMiami Page 115 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 Chairman Teele: Parking fees. Commissioner Regalado: Yes. Chairman Teele: Moved and seconded. Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. NA.8 04-00128 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DISBURSEMENT OF FUNDS, IN AN AMOUNT NOT TO EXCEED $10,000, FROM THE COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE FUND FOR MARKETING PURPOSES FOR THE CHAMBER OF COMMERCE/COMMODORE BLOCK PARTY TO BE HELD ON MAY 15, 2004. Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele NA.9 04-00162 R-04-0084 Commissioner Regalado: And finally, a resolution of the City ofMiami Commission authorizing the disbursement in the amount of ten thousand dollars from the Coconut Grove Special Events and Marketing Committee Fund for marketing purposes to the Coconut Grove Chamber of Commerce Commodore Block Party, to be held on May 15, 2004. Commissioner Winton: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. Commissioner San -- Vice Chairman Sanchez. Commissioner Gonzalez. Commissioner Gonzalez: Nothing. Chairman Teele: Commissioner -- Commissioner Winton: No. Vice Chairman Sanchez: Yes. Chairman Teele: -- do you have a pocket item? Vice Chairman Sanchez: No, sir. DISCUSSION ITEM City ofMiami Page 116 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 BLACK HISTORY MONTH ACTIVITIES 2-12-04 - NA.9.pdf DISCUSSED A motion was made by Chairman Teele, seconded by Commissioner Gonzalez, and passed unanimously, to provide support in an amount not to exceed $500 from the Disfrict 5 Special Events account 001000.921054.6289, to facilitate the month -long activities being coordinated by City of Miami in honor of Black History Month which began February 2, 2004. Chairman Teele: Would you preside, Commissioner -- someone? I would like to be recognized. A resolution of the Commission to provide support in the amount not to exceed five hundred dollars to be expended from the Disfrict 5 special events account to facilitate the month -long activities being coordinated by the City ofMiami in honor of Black History Month, which began on February 2, 2004. So moved. Commissioner Gonzalez: Second. Vice Chairman Sanchez: There's a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone opposing, having the same right, say "nay". Motion carries unanimously. No discussion. NA.10 04-00129 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DONATION OF FUNDS, IN THE AMOUNT NOT TO EXCEED $5,000, TO SUPPORT THE AMERICAN ASSOCIATION OF RETIRED PERSONS ("AARP"), FOR THE EVENT OF THE AARP NORTHWEST CHAPTER # 4686 OF MIAMI, TO BE HELD AT THE RUSTY PELICAN ON MARCH 17, 2004; ALLOCATING FUNDS FROM THE DISTRICT 5 2003 ROLLOVER SURPLUS, SUBJECT TO BUDGETARY APPROVAL. Motion by Chairman Teele, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0085 Chairman Teele: A resolution of the City Commission donating five thousand dollars to the American Association ofRetired Persons for the loth Anniversary AARP (American Association ofRetired Persons) Northwest Chapter, Number 4686, ofMiami, to be held at the Rusty Pelican, allocating funds from the District 5 2000 rollover account, and making check payable to the Rusty Pelican, subject to budgetary approval. So moved. Commissioner Regalado: Second. Commissioner Gonzalez: Second. Vice Chairman Sanchez: There's a motion and a second. Item under discussion. Hearing none . All in favor say, "aye" The Commission (Collectively): Aye. City ofMiami Page 117 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 Vice Chairman Sanchez: Anyone opposing, having the same right, say "nay." Motion carries unanimously. Madam Clerk. NA.11 04-00166 DISCUSSION ITEM VIDEO INTERVIEW OF MRS. CLYDE KILLENS MOTION A motion was made by Chairman Teele, seconded by Commissioner Gonzalez, and passed unanimously, with Commissioner Winton absent, directing the City Manager to instruct the Communications Director to work with the City Clerk to film an interview of the widow ofMr. Clyde Killens to put on the record some ofMr. Killens' wishes as it relates to the City ofMiami. Note: Clerk completed interview 4-5-04.] Chairman Teele: Ladies and gentlemen, I would like to just make a very brief statement and express my appreciation to the Mayor and the members of this City Commission for the commendation on the passing of the late Clyde Killens, and a portion of the resolution, which was read at the funeral, notes that whereas, Clyde Killens was the godchild of the late Miami socialite Georgette Campbell and gained early acquaintances with black celebrities at Mrs. Campbell's literary teahouse, the accepted local meeting place for artists and other figures of national prominence, and became enamored with the world of show business and, as a young drummer for the silent movies at the historic Lyric Theater; and whereas, Mr. Killens, affectionately known as South Florida's Mr. Entertainment, was beloved and respected entrepreneur, who launched numerous commercial ventures after his 1924 arrival to our City, who became a legend in his own time, applauded the commercial successes of many Miamians in well known nightclubs, establishing Miami's Overtown community as the hottest venue for black performing artists during the 1940s, '50s and '60s, and created a cultured treasure of collections of lobby cards originally produced for Overtown's Little Broadway, and whereas, Mr. Killens was not only a show business impressario, he also used his influence as a civic -minded community to elevate the quality of life in Overtown, solicited funds for families stricken with tragedies and strived to improve the commercial ties and flourishes in the community; and whereas, Mr. Clyde Killens, a man whose life, passion, past, and died on Monday, February 2, 2004, leaving a potent and compelling legacy. Now, therefore, be it resolved that the officials of the City ofMiami, of the State of Florida, on behalf of our citizens pause in our deliberations to give solemn remorse and deepest sympathy to the bereaved family, paying tribute to the memory of Clyde Killens, a civic pioneer who represented the essence of the American spirit, and we extol our best and celebrate the extraordinary legacy that he leftMiami in the world, noting Clyde Killens, 1908 to 2004, and this is of note, that it was signed by the Mayor and all five Commissioners. Colleagues, I would only like to note that at his funeral, there was general consensus that there is no single individual, black or white, who contributed more to the magic ofMiami than Clyde Killens. He established nightclubs and entertainment venues. The list of the acts that he brought to Miami are just too numerous to mention, but every important act that you can mention from Sam Cooke to Etta James to James Brown, including his pool hall was the place where Muhammad Ali used to always come. He brought magic to Miami, and the outpouring of citizens throughout Overtown onto 11 th Street and 2nd Avenue, over 500 people crowded the streets on the night of his wake, and his passing is noteworthy, and his family has expressed their appreciation. I would move that the City Clerk, along with the Communications Department of the City, be requested to meet and do a video filming of the widow ofMr. Killens, to put on the record and lay on the record some ofMr. Killens' wishes as it relates to the City of Miami, and I would so move that the Manager and Clerk's Office be directed to conduct that video interview as soon as possible. So moved. Commissioner Sanchez: There is a motion on the floor and there is a second. Open for discussion. Hearing none, all in favor, say "aye." City ofMiami Page 118 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 The Commission (Collectively): Aye. Commissioner Sanchez: Anyone opposing, having the same right, say "nay." Motion carries. It's unanimous. Now, I have a question. How did he get the nickname "Glass?" Chairman Teele: Well, I don't know. There are a number of stories, but one of things that he was known for was, his martini glass was sort of his signature, where he would always toast people if they came in, and the martini glass was there. There was some discussion as to whether or not he should be buried with a martini glass. I think, given the fact that he was buried in a very religious ceremony at Greater Bethel AME Church, that the glass did not accompany him there, but the family did go by the home before they went to the funeral, so only the family knows if he has the glass with him. That's something he will take to his grave, but the point that any number of people in this City have said, particularly whites, is that in Clyde Killens -- in the clubs that he ran at night, especially after the clubs closed on Miami Beach, when the artists would come and perform, they couldn't stay on the hotel in the beach, and they would all come and stay in the hotels downtown. I mean, in Overtown, downtown Overtown, and so what would happen around 1 or 2 o'clock would be a whole nother set, and it was a multicultural set in a segregated era, and there are any number of citizens in this community who can testify about the fact that whites and blacks used to have a great time in Overtown when Clyde Killens ran the show because everybody was welcomed, so we're very honored that this Commissioners all felt it important to affix their signatures to the memorial ofMr. Killens. Thank you. Commissioner Sanchez: Thank you. Mr. Chairman, you have the gavel back. NA.12 04-00163 DISCUSSION ITEM POLICE COSTS FOR MARDI GRAS EVENT Direction to the City Attorney and the Administration: by Chairman Teele to meet and come back with a report on a recommendation to reduce cost of police overtime for the Haitian Mardi Gras event. Chairman Teele: Is there anybody here from the Police Department still? Larry and Madam Director -- Madam Manager, we have this issue of the Mardi Gras that is reoccurring and -- here's the Chief. We have this issue of the Mardi Gras that is reoccurring. I know that in the past, the Mayor and his office have been very much involved. It's my understanding again that the police costs on this is being estimated at well over twenty thousand dollars or so, upwards of fifty to sixty thousand dollars. I would ask the City Attorney and the Department and the Chief to work on this and to give us a report at the next meeting on anyways that we can hold this cost down. I think we should all take note of what's going on in Haiti at this point in time, and it's our desire to try to keep a very warm and peaceful City and we should work, in my judgment, in a cooperative way to see how we can reduce the cost of overtime and even if it means shifting a few people around for a few hours, but we ought to try to minimize the cost of that, and I would make that as a request. Frank Fernandez: Yes, sir. Frank Fernandez, Deputy Chief Miami Police. We will try to do everything we can to do a cost reduction as much as possible, like we always did, and I will work with the City Manager on that. Chairman Teele: Larry, I would also ask that you meet with Commissioner Sanchez to see if there may be a one-time exception for some funds relating to the Bicentennial account, on a one- time basis strictly for Police, Fire and Solid Waste. I'm not recommending it, and I will not do anything that Commissioner Sanchez is not comfortable with, since the policy was a -- is a good policy and it was a policy that he developed in that budgetary process, and I want to be very City ofMiami Page 119 Printed on 12/16/2004 City Commission Verbatim Minutes February 12, 2004 respectful of him. Mr. Spring: Absolutely. City ofMiami Page 120 Printed on 12/16/2004