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HomeMy WebLinkAboutCC 2004-03-11 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com IF Ali Meeting Minutes Thursday, March 11, 2004 9:00 AM REGULAR (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 Meeting Minutes March 11, 2004 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS Pages 3-4 MV - MAYORAL VETOES Pages 4-5 AM - APPROVING MINUTES Pages 5-6 CA - CONSENT AGENDA Pages 7-20 PA - PERSONAL APPEARANCES Pages 21-25 M - MAYOR'S ITEMS Page 26 D1 - DISTRICT 1 ITEMS Page 26 D2 - DISTRICT 2 ITEMS Page 26 D3 - DISTRICT 3 ITEMS Pages 26-34 D4 - DISTRICT 4 ITEMS Pages 35-47 D5 - DISTRICT 5 ITEMS Page 47 PH - PUBLIC HEARINGS Pages 48-74 TIME CERTAIN 3:00 P.M.- PH.4 - Revised 2001-2004 Local Housing Assistance Plan Page 51 3:00 P.M. - PH.5 - 2004-2007 Local Housing Assistance Plan Pages 51-52 3:00 P.M. - PH.6 - Allocating Emergency Shelter Grant Funds Page 53 3:00 P.M. - PH.7 - Transfer of General Obligation Bond Funds Pages 53-54 3:00 P.M. - PH.8 - Increase Number of Members of Housing and Commercial Loan Committee Pages 54-55 3:00 P.M. - PH.9 - Rollover of CDBG, ESG, and HOPWA Funds Pages 55-56 3:00 P.M. - PH.10 - Transfer of 28th Year Closeout Funds Pages 56-58 3:00 P.M. - PH.11 - General Allocation of 30th Year CDBG Funds Pages 58-61 3:00 P.M. - PH.12 - FY 2004-2005 Allocation of HOPWA Funds Pages 61-62 3:00 P.M. - PH.13 - 30th Year CDBG Funds - Economic Development Policy Pages 62-63 3:00 P.M. - PH.14 - Housing Development Policy & District 4 Pilot Project Allocation Pages 63-66 3:00 P.M. - PH.15 - 30th Year CDBG Funds - Public Service Policy Pages 66-74 City ofAliami Page 2 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 SR - SECOND READING ORDINANCES Pages 75-81 RE - RESOLUTIONS Pages 81-83 BC - BOARDS AND COMMITTEES Pages 84-91 DI - DISCUSSION ITEMS Pages 92-127 TIME CERTAIN 10:00 A.M. - DI.4 - NET Presentation Pages 96-127 ES - EXECUTIVE SESSIONS Pages 128-129 TIME CERTAIN 2:45 P.M. - ES.1 - Mark's Classic Corp. vs. City of Miami Page 128 3:00 P.M. - ES.2 - National Advertising Co. vs City of Miami Pages 128-129 PART B PZ - PLANNING AND ZONING Pages 130-139 The Planning and Zoning items shall not be considered before 3:00 pm. 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gonzalez, Vice Chairman Sanchez, Commissioner Regalado and Chairman Teele Absent: Commissioner Winton On the 11 th day ofMarch, 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 9:23 a.m. by Chairman Arthur E. Teele, Jr., recessed at 11:52 a.m., reconvened at 3:16p.m. and adjourned at 6:29 p.m. ALSO PRESENT: Joe Arriola, City Manager Alejandro Vilarello, City Attorney Priscilla A. Thompson, City Clerk Sylvia Scheider, Assistant City Clerk Chairman Teele: Are there any other matters to come before the Commission at this time ceremonial? If not, would you all please stand in a moment of silent prayer, remembering, as our Mayor has asked, that we remember those families in Spain and around the world. An invocation was given by Chairman Teele, who then led those present in a pledge of allegiance to the flag. PRESENTATIONS AND PROCLAMATIONS PR.1 04-00249 CEREMONIAL ITEM City ofMiami Page 3 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 MAYORAL VETOES Women's History Month Miami Commission on the Status of Women Mayor Diaz Proclamation Chairman Arthur E. Teele, Jr. KAPPA, ALPHA, PSI Award of Honor John T. Jones, Jr. 04-00249-cover page.pdf 04-00249-protocol program.pdf The South Florida Water Management District presented the City ofMiami with a check for $1 Million. Mayor Diaz asked for a moment of silence in memory of the victims of a terrorist attack at the Atocha Train Station in Madrid, Spain on March 10, 2004. Mayor Diaz presented a proclamation to the members of the Miami Commission on the Status of Women in honor of Women's History Month. Dick Williams, Polemarch of the Miami Alumni Chapter of the KAPPA ALPHA PSI African American fraternity, presented Chairman Teele with a plaque honoring him for being the first African American to be appointed Chairman of the Miami City Commission. A presentation of Distinguished Citizen to Luisa Garcia -Toledo by Vice Chairman Sanchez was deferred. Chairman Teele: Mr. Mayor, good morning, colleagues. This morning we have an agenda that we don't want to repeat it as we did next meeting, so I think part of what we've got to do is move the early part of the agenda forward with some degree of aggression. NO MAYORAL VETOES There were no Mayoral vetoes. Direction to the City Clerk and City Attorney by Chairman Teele to draft a one -line statement, to be read by the City Clerk as first item on the agenda, regarding the number of vetoes or no vetoes from the Mayor. [Note: Clerk completed draft on March 16, 2004.] Chairman Teele: All right. Madam Clerk, I'm going to ask you to make sure that from the -- in the future, that the agenda contains -- the first item of the agenda is statement from the Clerk regarding the number of -- the vetoes from the Mayor, as apparently the Attorney is insisting be made a part of the record, so would you read into the record the appropriate statement? Priscilla A. Thompson (City Clerk): Honorable members of the City Commission, from Priscilla A. Thompson, City Clerk, pursuant to 4(g)5 of the Charter, the City Clerk is directed to place any items vetoed by the Mayor, together with veto forms, including Mayor's veto and veto message on the next regularly scheduled Commission agenda as the first substantive item for Commission consideration. As of this date, this office has not received any mayoral vetoes for legislative items acted upon at the previous Commission meetings. Chairman Teele: Thank you. Mr. Attorney, would you and the Clerk get together and make that one sentence, not more than eight words? Alejandro Vilarello (City Attorney): Yes, sir. Chairman Teele: OK, and we'll try to get that memorialized as a -- Why does that have to be City ofMiami Page 4 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 done, just as a matter of intelligence? I don't know. Why is it required that we have to state there are no mayoral vetoes? Mr. Vilarello: There's a City Code provision that addresses that requirement. Typically, the mayoral veto will have to be the first substantive issue to be discussed. In terms of how you process that, that's a subject of an ordinance, which can be modified by the City Commission. If the Mayor does veto an item, it needs to be the first item to be discussed. Chairman Teele: Well, OK. I just think we ought to be able to get that down to five words, eight words that simply says pursuant to -- there are no vetoes, but think it's important to preserve the institution. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Regular Meeting of April 11, 2002 APPROVED A motion was made by Commissioner Gonzalez, seconded by Commissioner Regalado, and passed unanimously, with Commissioner Winton absent, to approve the minutes of the April 11, 2002 Commission meeting. Planning and Zoning Meeting of January 22, 2004 APPROVED A motion was made by Commissioner Gonzalez, seconded by Commissioner Regalado, and passed unanimously, with Commissioner Winton absent, to approve the minutes of the January 22, 2004 Commission meeting. Regular Meeting of February 12, 2004 APPROVED A motion was made by Commissioner Regalado, seconded by Vice Chairman Sanchez, and passed unanimously, with Commissioner Winton absent, to approve the minutes of the February 12, 2004 Commission meeting. Chairman Teele: Madam Clerk, would you read into the record the minutes that you would like for us to vote on? Minutes of what date? Priscilla A. Thompson (City Clerk): They are -- they would be the regular meeting ofApril 11, 2002. Chairman Teele: All right. Is there a motion to adopt the meeting ofApril 11, 2002? Commissioner Gonzalez: Move the adoption of the (INAUDIBLE). Vice Chairman Sanchez: Second. Commissioner Regalado: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: Next one, Madam Clerk. Ms. Thompson: Planning and Zoning meeting ofJanuary 22, 2004. City ofMiami Page 5 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Chairman Teele: Is there a motion? Commissioner Gonzalez: Move it. Vice Chairman Sanchez: Second. Commissioner Regalado: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Ms. Thompson: And, lastly, the regular meeting of February 12, 2004. Commissioner Regalado: Move it. Vice Chairman Sanchez: Second. Commissioner Gonzalez: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. ORDER OF THE DAY Chairman Teele: Are there any matters that any Commissioner would like to be -- hear out of order or out of turn today? If not -- Vice Chairman Sanchez: Mr. Chairman, CA.10 for discussion. Chairman Teele: When would you like to -- you want -- oh, you talking about a consent item? Vice Chairman Sanchez: Yes, sir. Chairman Teele: OK, but are there any other items other than the consent agenda items that any Commissioner would like to take up today out of order? If not, I would just note for the record that pursuant to the new rules that we have adopted in community development, we have the requirement to have a sign interpreter. The Clerk has a memo that has been sent out, and that is now a part of our rules that we have adopted. We're going to try to set the public hearing items and take them up -- the CD (Community Development) public hearing items and take them up within the window that we know we can afford to pay the sign person, so this is a budget item, and an availability item. If the interpreter is not available, we cannot properly take the item up, under the rules that we have just passed as a part of our public participation process, so I just wanted my colleagues to understand why we're going to be trying to take those items up and ask you cooperation. They are set up now for 3 o'clock, but more importantly, the sign person is here today from 3 to 4:30; is that right? Priscilla A. Thompson (City Clerk): 5:30. Chairman Teele: 3 to 5:30, so we have to complete those items before they leave, and that's just one time we'll make this and forever more everybody understands what's going on. Commissioner Regalado: Mr. Chairman. City ofMiami Page 6 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Chairman Teele: Commissioner Regalado. Commissioner Regalado: I see that we have an executive session. Actually -- Chairman Teele: Those items will be postponed. I think it's reflecting that they will be postponed at -- Vice Chairman Sanchez: Both are being deferred. Alejandro Vilarello (City Attorney): I'm requesting that those both be deferred at the appropriate time to the April 8th City Commission meeting. Chairman Teele: So, at the appropriate time, we will take them up when we come backfrom lunch, roughly, at 3 o'clock, and we -- the first thing we'll do is defer both of those items, all right? Commissioner Regalado: OK. Chairman Teele: All right. If not -- the one thing that I would ask that time certain items are within the discretion of the Chair, and this Chair is willing to suggest that any Commissioner can make a time certain item for your constituency, but please don't do that much and please don't do it often, because what it does is it creates the kind of chaos like we had at the last meeting, when everybody wants their items to be heard without regard -- so, again, time certain items -- if you feel that you need to have an item heard at a certain time, I'm certainly going to support it and entertain it. Just let my office know what time it is. We'll do it that way, but we're just encouraging very few, if any, time certains, but it's your decision. Vice Chairman Sanchez: Well, Mr. Chairman, that was also based on a voluminous PZ (Planning & Zoning) item and one item where you had two developers battling each other. That's -- Chairman Teele: Yeah. Vice Chairman Sanchez: That's the worst. Chairman Teele: Yeah. Vice Chairman Sanchez: I mean, when you have developer battling developer, that should just be like a special meeting because it's going to take three to four hours for their debates. Chairman Teele: Yeah, and in retrospect, since that was really a legal issue, we should have put that at the end of the agenda and let the lawyers, you know, not inconvenience the public that way, because that was really more about -- Vice Chairman Sanchez: But we shall overcome. We shall adapt. Chairman Teele: We shall overcome. We shall adapt. And BC.5 has been deferred. Now, the financial update, we will take up this afternoon, and the Executive Sessions, which is scheduled for 2: 45 and 3 p.m.-- at 2: 45 -- let's say at 3 o'clock, when we come back, those two items will be deferred. It's also my understanding that there may be a request to defer PZ.1 and 2. I don't know if that's going to happen, so we have a chance of managing our way of out here this afternoon, so we'll come back at 3 p.m., and we do want to hear from the financial update from the Budget Director, Mr. Manager. Mr. Manager, we do want to get a real financial update this afternoon from the Budget Director, if possible. All right. If that's the case, we stand adjourned until 3 p.m. City ofMiami Page 7 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 CONSENT AGENDA CA.1 04-00144 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE VILLAGE OF KEY BISCAYNE ("VILLAGE"), TO PROVIDE FIRE RESCUE, AUTOMATIC AID AND ANCILLARY SERVICES TO THE VILLAGE, FOR A PERIOD OF FIVE YEARS, COMMENCING APRIL 1, 2004 THROUGH MARCH 31, 2009. 04-00144-cover memo.pdf 04-00144-budgetary impact analysis. pdf 04-00144-previous legislation.pdf 04-00144-index. pdf 04-00144-previous agreement.pdf 04-00144-previous fee schedule.pdf 04-00144-previous inspection services. pdf 04-00144-previous command structure. pdf 04-00144-clerks report pg.pdf 04-00144-amendment to pre. agreement.pdf 04-00144-exhibit- agreement.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0132 CA.2 04-00145 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH TELADJUST, INC., FOR THE PROVISION OF TELECOMMUNICATIONS AUDITING SERVICES FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY, UTILIZING EXISTING SCHOOL BOARD OF SARASOTA COUNTY REQUEST FOR PROPOSALS NO. 2043; ALLOCATING A PERCENTAGE OF REFUNDS RECEIVED, AS FULL COMPENSATION FOR SAID SERVICES. 04-00145-cover memo.pdf 04-00145-budgetary impact analysis. pdf 04-00145-auditing frims table.pdf 04-00145-memo to award RFP.pdf 04-00145-tables.pdf 04-00145-fee proposal.pdf 04-00145-RFP.pdf 04-00145-exhibit- psa.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton City ofMiami Page 8 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 R-04-0133 CA.3 04-00146 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH HISPANIC-AMERICAN DIABETES FOUNDATION CORPORATION, ("LICENSEE"), FOR USE OF OFFICE SPACE DESIGNATED AS ROOM 300, AT THE MANUEL ARTIME COMMUNITY CENTER; FURTHER GRANTING THE LICENSEE A WAIVER OF RENTAL FEES FOR THE FIRST THREE MONTHS FROM THE EFFECTIVE DATE OF THE AGREEMENT. 04-00146-cover memo.pdf 04-00146-budgetary impact analysis.pdf 04-00146-city clerks report pg.pdf 04-00146-exhibit- RLA.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0134 CA.4 04-00147 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE REPLACEMENT OF THE UNISYS NX5800 MAINFRAME, WITH A UNISYS LIBRA 520, RELATED PERIPHERAL HARDWARE, SYSTEMS SOFTWARE SUBSCRIPTIONS AND LICENSES, ASSOCIATED SERVICES, SUPPORT AND MAINTENANCE, UPGRADE OF COMPUTER ROOM ENVIRONMENTALS, AND UPGRADE OF TAPE STORAGE SUBSYSTEM, THROUGH A LEASE PURCHASE AGREEMENT WITH UNISYS LEASING CORPORATION, UTILIZING STATE OF FLORIDA CONTRACT 250-000-03-1, EFFECTIVE THROUGH JULY 31, 2005, INCLUDING ALL EXTENSIONS AND REPLACEMENT CONTRACTS BY THE STATE, AT AN ESTIMATED FIRST YEAR COST NOT TO EXCEED $677,896.96, WITH A TOTAL FIVE (5) YEAR COST NOT TO EXCEED $3,389,484.80; AND CONTINUING INTERIM SOFTWARE, SUBSCRIPTIONS AND SUPPORT OF THE EXISTING UNISYS NX5800 AND RELATED PERIPHERAL HARDWARE UNTIL THE NEW HARDWARE PLATFORM IS OPERATIONAL, FROM THE UNISYS CORPORATION UTILIZING STATE OF FLORIDA CONTRACT 250-000-03-1, EFFECTIVE THROUGH JULY 31, 2005, INCLUDING ALL EXTENSIONS AND REPLACEMENT CONTRACTS BY THE STATE, AT A MONTHLY COST NOT TO EXCEED $43,160, WITH A TOTAL CONTRACT COST NOT TO EXCEED $172,640; ALLOCATING FUNDS FROM THE GENERAL FUND ACCOUNT CODE NO. 001000.460101.6.670, CAPITAL PROJECTS ACCOUNTS OR INFORMATION TECHNOLOGY STRATEGIC FUNDS. City ofMiami Page 9 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 04-00147-cover memo.pdf 04-00147-budgetary impact analysis. pdf 04-00147-exhibit-agreement. pdf 04-00147-exhibit -agreement-2.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0135 CA.5 04-00148 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE OPERATING AGREEMENT FOR WATSON ISLAND PARKING OPERATIONS BETWEEN THE CITY OF MIAMI ("CITY") AND THE DEPARTMENT OF OFF-STREET PARKING ("DOSP"), DATED SEPTEMBER 9, 2003, TO PROVIDE DOSP'S USE OF ADDITIONAL GRANT FUNDS, IN AN AMOUNT NOT TO EXCEED $200,000, RECEIVED BY THE CITY FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, AND FUNDS, IN AN AMOUNT NOT TO EXCEED $50,000, FROM CAPITAL IMPROVEMENTS PROJECT NO. 311047, FOR DESIGN AND CONSTRUCTION OF THE BOAT RAMP PARKING AND ANCILLARY FACILITIES (COLLECTIVELY "PARKING FACILITIES") TO BE LOCATED ON WATSON ISLAND, MIAMI, FLORIDA, SUBJECT TO DOSP'S COMPLIANCE WITH THE TERMS AND CONDITIONS RELATED TO THE USE OF THE FUNDS AS SET FORTH IN THE AMENDED AGREEMENT. 04-00148-cover memo.pdf 04-00148-exhibit 1- amendment.pdf 04-00148-exhibit 2- terms-cond.pdf 04-00148-exhibit 3- FDEP grant.pdf 04-00148-exhibit 4- audit req.pdf 04-00148-exhibit 5-lobbying.pdf 04-00148-exhibit 6-certification.pdf 04-00148-exhibit 7-cip.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0136 CA.6 04-00149 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID OF METRO EXPRESS, INC., FOR THE PROJECT ENTITLED "EAST LITTLE HAVANA SIDEWALK REPLACEMENT PROJECT, B-4677," IN THE PROPOSED AMOUNT NOT TO EXCEED $101,960, ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 341183, IN THE AMOUNT NOT TO EXCEED $101,960, FOR CONTRACT COSTS, PLUS $14,575 FOR City ofMiami Page 10 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 ESTIMATED EXPENSES INCURRED BY THE CITY OF MIAMI, FOR TOTAL PROJECT COSTS, IN THE AMOUNT NOT TO EXCEED $116,535, AS SET FORTH ON THE TABULATION OF BIDS DOCUMENT AND THE DEPARTMENT OF CAPITAL IMPROVEMENTS PROJECT FACT SHEET, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PROJECT. 04-00149-cover memo.pdf 04-00149-budgetary impact analysis.pdf 04-00149-bid security list.pdf 04-00149-award recommendation form.pdf 04-00149-exhibit 1- tabulation of bids.pdf 04-00149-exhibit 2-list of bid amounts.pdf 04-00149-exhibit 3- fact sheet.pdf 04-00149-exhibit 4- contract.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0137 CA.7 04-00150 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), REVOCABLE AT -WILL, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI ROWING AND WATERSPORTS CENTER, INC. ("LICENSEE") A NONPROFIT CORPORATION, TO OCCUPY AND USE APPROXIMATELY 1.03 ACRES OF CITY -OWNED PROPERTY LOCATED AT 3601 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, TO PROVIDE FOR: (1) A ONE-YEAR TERM THAT SHALL COMMENCE ON THE EFFECTIVE DATE, WITH AN OPTION TO EXTEND FOR FIVE (5) ADDITIONAL ONE-YEAR TERMS SUBJECT TO THE MUTUAL CONSENT OF THE PARTIES; (2) LICENSEE SHALL PAY AN INITIAL USE FEE IN AN AMOUNT NOT TO EXCEED $500 PER MONTH, PLUS STATE OF FLORIDA USE TAX, IF APPLICABLE, FOR A SIX -YEAR (6) PERIOD; (3) LICENSEE MAY ENTER INTO PROFESSIONAL SERVICE AGREEMENTS WITH PROGRAM OPERATORS FOR THE PURPOSE OF OPERATING AND MAINTAINING WATER RECREATIONAL AND EDUCATIONAL OPPORTUNITIES; AND (4) LICENSEE AND EACH PROGRAM OPERATOR SHALL PAY THE CITY OF MIAMI 12% OF THEIR RESPECTIVE MONTHLY GROSS REVENUES, AS SET FORTH IN THE AGREEMENT. City ofMiami Page 11 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 04-00150-cover memo.pdf 04-00150-budgetary impact analysis.pdf 04-00150-pre. agenda pages.pdf 04-00150-board of directors.pdf 04-00150-letter from IRS.pdf 04-00150-memos from the state.pdf 04-00150-restated articles of incorporation.pdf 04-00150-certificate designating registered.pdf 04-00150-certificate pursuant to FL. statue.pdf 04-00150-By-Laws articles.pdf 04-00150-By-Laws articles 2.pdf 04-00150-exhibit 1-RLA.pdf 04-00150-exhibit 2- legal description.pdf 04-00150-exhibit 3- map.pdf DEFERRED A motion was made by Commissioner Gonzalez, seconded by Commissioner Regalado, and passed unanimously, with Commissioner Winton absent, to DEFER item CA.7 to the Commission meeting currently scheduled for March 25, 2004. CA.8 04-00189 RESOLUTION City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY MAYKO ACOSTA, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $47,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF MAYKO ACOSTA V. CITY OF MIAMI, CHRISTIAN RIOS, VICTOR PALACIOS AND RAFAEL BORROTO, IN THE UNITED STATES DISTRICT COURT, CASE NO. 03-20444-CIV-UNGARO-BENAGES, UPON EXECUTING A GENERAL RELEASE FOR THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.652. 04-00189-cover memo.pdf 04-00189-budget approval memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0138 CA.9 04-00195 DISCUSSION ITEM ACCEPTING A REPORT FROM THE CIVIL SERVICE BOARD. 04-00195-cover page.pdf 04-00195-board actions.pdf This Matter was ADOPTED on the Consent Agenda. City ofMiami Page 12 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton CA.10 04-00199 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 02-144, ADOPTED FEBRUARY 14, 2002, AUTHORIZING AN INCREASE IN THE COST LIMIT FOR ARCHITECTURAL SERVICES FROM AN AMOUNT NOT TO EXCEED $600,000 TO AN AMOUNT NOT TO EXCEED $2,250,000; FURTHER AUTHORIZING AN INCREASE IN THE CONTRACT AMOUNT AWARDED TO ZYSCOVICH, INC., PURSUANT TO RESOLUTION NO. 03-089, ADOPTED JANUARY 23, 2003, FROM AN AMOUNT NOT TO EXCEED $300,000 TO AN AMOUNT NOT TO EXCEED $2,250,000, A FIRM SELECTED FROM THE LIST OF PRE -APPROVED FIRMS FOR ARCHITECTURAL SERVICES FOR DESIGN DEVELOPMENT, PREPARATION OF BIDDING AND CONSTRUCTION DOCUMENTS, AND CONSTRUCTION ADMINISTRATION CONSULTING SERVICES RELATED TO AN INCREASED SCOPE OF WORK WHICH CONSISTS OF A MASTER PLAN CONDUCTED BY ZYSCOVICH, INC., FOR THE CULTURAL CENTER, THE DEVELOPMENT OF THE COMPONENTS OF THE CULTURAL CENTER INCLUDING BUT NOT LIMITED TO, A COMMUNITY BUILDING, BLACK BOX THEATER, PUBLIC LIBRARY, COURTYARD AND PARKING LOTS, THE DEVELOPMENT OF A RECREATION CENTER INCLUDING BUT NOT LIMITED TO, A SOCCER FIELD FACILITY, VITA COURSE AND A RECREATION BUILDING, IN THE LITTLE HAITI AREA, AT SPECIFIC COSTS TO BE NEGOTIATED BASED ON (1) THE SCOPE OF SERVICES REQUIRED FOR THE SEPARATE PROJECTS PERTAINING TO EACH CENTER, AND (2) TERMS AND CONDITIONS SET FORTH IN THE PROFESSIONAL SERVICES AGREEMENT WITH ZYSCOVICH, INC., DATED JUNE 24, 2002; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; ALLOCATING FUNDS IN AN AMOUNT NOT TO EXCEED $2,250,000, FOR SERVICES AND EXPENSES INCURRED BY THE CITY OF MIAMI FROM CAPITAL IMPROVEMENTS PROGRAM PROJECT NO. 331412; AMENDING RESOLUTION NOS. 02-144 AND 03-089 TO REFLECT SAID INCREASES; REQUIRING FURTHER CONSULTATION WITH THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND OVERSIGHT BOARD SHOULD THE NEGOTIATED FEES EXCEED TWELVE PERCENT (12%) OF THE ESTIMATED CONSTRUCTION COST FOR EACH OF THE TWO (2) PROJECTS AUTHORIZED BY RESOLUTION NOS. 02-144 AND 03-089. 04-00199-cover memo.pdf 04-00199-budgetary impact analysis.pdf 04-00199-pre. leg islation. pdf 04-00199-pre. agenda pg.pdf 04-00199-pre. legislation 2.pdf 04-00199-psa.pdf 04-00199-Substitute Memo.pdf Motion by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton City ofMiami Page 13 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 R-04-0151 The following statements and motions occurred prior to CA.10 being adopted: The City Attorney announced that item CA.10 needed to be modified. A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and passed unanimously, with Commissioner Winton absent, to table consideration of item CA.10 to the afternoon session of today's meeting. Note for the Record: Item CA.10 was subsequently discussed. A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and passed unanimously, with Commissioner Winton absent, to again table consideration of CA.10 to the afternoon session of today's meeting. Note for the Record: Item CA.10 was subsequently discussed again. Vice Chairman Sanchez: Mr. Chairman, CA.10, I had pulled for discussion from the consent agenda item. Chairman Teele: CA.10, you're absolutely right. Commissioner Sanchez, you're recognized. Vice Chairman Sanchez: Thank you, Mr. Chairman. On CA.10, I just need an explanation as to why the leap from six hundred thousand dollars to two point two five million dollars on that from the administration, and then I have some questions pertaining as to why this item is on the consent agenda. Commissioner Regalado: Over there. It's on. Vice Chairman Sanchez: No, the other one. The other one. Commissioner Gonzalez: Go ahead. Vice Chairman Sanchez: Go ahead. Alicia Cuervo Schreiber (Chief of Operations): Is this one on? Good morning, Commissioners. Joe Arriola (City Manager): It's like a pinball. Ms. Cuervo Schreiber: Good morning, Commissioners. Alicia Cuervo Schreiber. This item was changed as a result of the Bond Oversight Board committee meeting, where they requested that the amount -- not to be a fixed amount, but that for each design component that we not exceed the industry standard. Industry standard for design and engineering is between 12 and 15 percent. They asked us not to exceed 12 percent on any one design component within the Little Haiti Park, and that is why the item is being changed, and it will be brought back to the floor this afternoon. Vice Chairman Sanchez: It's being brought back this afternoon? Ms. Cuervo Schreiber: Yes, sir, it is. Vice Chairman Sanchez: OK. The other question is why to one firm without a bid process? Ms. Cuervo Schreiber: It did. There was a RFQ (Request for Qualification) process and extensive community involvement and selection committee. I think it was a year and a half ago City ofMiami Page 14 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 they selected Bernard Zyscovich's firm. He's actually using several subcontractors, and he won't really actually be getting the major fee on that. He'll be using, for instance, the original designer architect, Polly, who designed the Caribbean Marketplace, will be designing the Caribbean Marketplace again and doing the modifications there. The subcontractor for civil is a Haitian American civil engineering firm that will be doing the civil component. The landscape architecture component was also selected by the request for qualifications group that was done a year and a half ago, so it was a competitive bid process. Vice Chairman Sanchez: OK. Well, you know, my office needs to be well-informed on some of these issues. I know that we're going to the Bond Oversight Board, and when it comes in front of me and I read that there's six hundred thousand, not to exceed two point five, it gets my attention as to why just one firm is being awarded, so I think there needs to be better communication to our offices all of the things that are going on because, for a change, there are things going on in the City that's positive, and I'm very reasonable butt just need to be -- sometimes things need to be very well explained to us. As we have a lot of money now and we're spending a lot of money, we want to make sure that we protect the people's money. Ms. Cuervo Schreiber: And I think the amended memo, Commissioner, addresses all the points that you just highlighted. Vice Chairman Sanchez: But I have not seen that memo yet. Chairman Teele: I think the point, Madam Director -- Madam Manager, is a valid point, and that is, some things should not be on the consent agenda. Some things should be on the agenda for discussion. That's number one, and I think, especially when you're adding money to a contract, more than ten percent or something like that, that should be there. Secondly, I think the point that the Commissioner is making is very, very legitimate. I think, though, the personalities is really not the issue, and the ethnicity is not the issue. I think the real issue is the issue that the Manager articulated, which is what we're trying to do is have one architect designer who's responsible for the whole thing, and this is really not one architect. It is two or three architects, plus an engineering firm, plus a planning firm all under one contract so that you can have control, and you don't have things going in different directions. It involves three or four different sites. It involves the Caribbean Marketplace. It involves the Black Box Theater. It involves the soccer fields, and I think that is the kind of information that everybody's entitled to, and all of us are going to be reasonable, if it's explained. Mr. Arriola: Commissioner -- Vice Chairman Sanchez: Mr. Chairman, ifI may? I -- Chairman Teele: Commissioner Sanchez, Mr. Manager. Vice Chairman Sanchez: I think that you are better informed of this issue because it's in your district, but my point is that -- just to state my point and give strength to my argument here is, she's stating that there's an amended memo that I have not seen yet that's coming in front of us this afternoon, so, you know, we need to know exactly what's going on. When you're talking about millions of millions of dollars that's going out, we need to know exactly because when you read this resolution, anybody that reads it out on the street looks at it and goes, wow, from six hundred thousand dollars to two point two million dollars to just one firm, so they don't know that, and it's all based on information, and we can clarify this, so the only forum that we have here is, at this time, to bring it out and discuss it, or the other avenue that we have is to have the administration sit with me or my staff and inform me very well of the issue, because once again, it's always been my policy that if there's something that I'm not quite very well informed on and I have any doubt -- and I think you are aware of that -- I am one that brings it out into the public forum to discuss it and get better educated and better informed so I can make an intelligent City ofMiami Page 15 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 decision and vote on it, whether I think it's correct or incorrect, so that's -- I just wanted to make that on the point. I think that things are coming in front of this Commission, and at times, the Commissioners are not well informed on the issue. Mr. Arriola: I couldn't agree with you more and for my staff I apologize. We kind of rushed this process through. We shouldn't have, and this should have never been in the consent agenda. I agree with you. We should have brought up for discussion so we could show you the magnitude of the work and how we -- actually, this is kind of putting ourselves down, because if you see the magnitude and the involvement and the amount of people that we have brought into this process, you'd be proud of what we've done, and we have done a disservice to ourselves and to the City by doing it this way. I'll make sure it never happens again. Commissioner Regalado: Chairman. Chairman Teele: Commissioner Regalado. Commissioner Regalado: Before you go, on this contract, is the LeJeune Corridor Study included? Ms. Cuervo Schreiber: No, it is not, Commissioner. Commissioner Regalado: Remember that last -- Ms. Cuervo Schreiber: Yes. Commissioner Regalado: -- two meetings ago, we directed administration to start the process for a study, the same kind of study for the LeJeune Corridor and extend that to the south part of Southwest 8th Street area known as Little Gables, just for a study, so how do we do that? Ms. Cuervo Schreiber: I do recall the Commission meeting and the appointment to do that study. I'll get back to you on the information to see if that group was engaged or who is being engaged to do that study for you. Commissioner Regalado: OK. Chairman Teele: All right. Commissioner, would you like to defer this item to later this afternoon? Vice Chairman Sanchez: Yes. Chairman Teele: All right. Motion to defer Item CA.10 -- Commissioner Regalado: Second. Chairman Teele: -- to later this afternoon. It's moved and seconded. Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. All right. Commissioner Regalado: We haven't voted on the consent agenda. Chairman Teele: We voted on the consent agenda, did we not? City ofMiami Page 16 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Vice Chairman Sanchez: Yes. The consent agenda (INAUDIBLE) -- Chairman Teele: You want to move CA.10? Vice Chairman Sanchez: Mr. Chairman, yes, after the substitute and sitting down with the administration, a lot of issues have been cleared and I'm prepared now, under the new information that have obtained, to support and move CA.10. Commissioner Gonzalez: Second. Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? CA.11 04-00200 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR LETTERS OF INTEREST ("RFLI") NO. 02-03-241, THAT THE TOP -RANKED FIRM TO PROVIDE A COMPREHENSIVE RETROSPECTIVE CLAIMS AUDIT, HOSPITAL BILL AUDIT, DRG VALIDATION, FRAUD AND ABUSE DETECTION, COORDINATION OF BENEFITS, AND THIRD PARTY LIABILITY REVIEWS FOR THE CITY OF MIAMI'S MEDICAL PLAN CURRENTLY ADMINISTERED THROUGH CIGNA, FOR THE DEPARTMENT OF RISK MANAGEMENT, IS HEALTHCARE DATA MANAGEMENT, INC. ("HCDM"); AUTHORIZING THE CITY MANAGER TO NEGOTIATE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AT A ONE-TIME FEE, IN AN AMOUNT NOT TO EXCEED $20,000, FULLY REFUNDABLE, CONTINGENT UPON SAVINGS RENDERED UPON COMPLETION OF THE CURRENT HEALTH CARE PROVIDER (CIGNA) AUDIT, PLUS THE RECEIPT OF 35% OF TOTAL RECOVERED FUNDS; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 514401.623301.6.657; DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED AGREEMENT TO THE CITY COMMISSION FOR CONSIDERATION. 04-00200-cover memo.pdf 04-00200-budgetary impact analysis.pdf 04-00200-memo from evaluation committee.pdf 04-00200-claims audit.pdf 04-00200-request for recommendation.pdf 04-00200-exhibitl- psa.pdf 04-00200-exhibit 2-scope of services.pdf 04-00200-exhibit 3- compensation.pdf 04-00200-Substitute Memo-4.pdf 04-00200-Substitute Agreement-5.pdf 04-00200-email-6. rtf 04-00200-email-7. htm 04-00200 attorney memo-8.pdf This Matter was ADOPTED WITH MODIFICATIONS on the Consent Agenda. City ofMiami Page 17 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0171 Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regaldo and Teele Absent: 1 - Commissioner Winton The City Attorney announced that item CA.11 needed to be modified. The following statements and motion occurred after item CA.11 was adopted. A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and passed unanimously, with Commissioner Winton and Vice Chairman Sanchez absent, to DEFER item CA.11 to the Commission meeting currently scheduled for March 25, 2004. Note for the Record: Please refer to the City Attorney memo on file regarding the deferral of this item. Chairman Teele: Further items? We have CA.11. We have Discussion 1 -- Discussion 2 and 3. What is that, 2 and 3? Alicia Cuervo Schreiber (Chief of Operations): CA.11, that's done. Alejandro Vilarello (City Attorney): Discussion Item 2. Chairman Teele: Discussion Item 2 is the attorney? Mr. Vilarello: Yes. Chairman Teele: And 3 is what? Priscilla A. Thompson (City Clerk): The Little Havana Homeownership Zone, funding sources. Commissioner Gonzalez: That we discussed this morning, didn't we? Chairman Teele: I thought we discussed that with Commissioner -- all right. CA.11, is that the one that the Auditor General raised some issues about? Ms. Cuervo Schreiber: CA.11 deals with the Healthcare Data Management. Chairman Teele: Well, we got some kind of e-mail that I don't understand from the Auditor General. Have you all cleared this with the Auditor General yet? Ms. Cuervo Schreiber: I'm waiting for the health -- we'd like to take up the three pocket items while we wait for them to come onto the floor. Chairman Teele: What are the pocket items? Commissioner Regalado: No, we got the parade thing. We got to do the parade thing. Chairman Teele: CA.11. Linda Haskins: Linda Haskins, Deputy City Manager and CFO (Chief Financial Officer). This item is to approve -- entering a professional services agreement with Healthcare Data City ofMiami Page 18 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Management. This is a contract that would require a one-time fee, twenty thousand dollars up front that's refundable from the proceeds of the saving. HDM (Healthcare Data Management) would be paid as a percentage of savings, and this is related to our health care plans to look for refunds, credit adjustments or other items that might have happened in the processing of health care claims. We -- Chairman Teele: Linda, what does this e-mail that the Auditor General is sending out say? I don't understand it. Ms. Haskins: The Auditor General? I have not seen the e-mail from the Auditor General. Commissioner Regalado: He did send an e-mail. Ms. Haskins: I have not seen an e-mail. Chairman Teele: He sent an e-mail raising a question about this, saying that there is nobody in house or no staff in house that can do something, or something -- I don't understand it. Is this urgent that we do this, this meeting? Ms. Haskins: Well this is -- it's not urgent that we do at this meeting. I can speak with the Auditor General. There is no staff that can do this internally. This is something that's done by computer systems, that sort of thing, where you actually take the health care provider's computer records and do analyses with it, and we -- the City does not have the internal processing, the internal programs to do this sort of thing. This is inter -health care plans, to give you an idea of the dollars that we deal with. Our gross premiums on health care plans, excluding police, is in excess of thirty million dollars a year. The average cost per member in our health care plans is north of nine thousand dollars per member, or per employee, actually. The average that you see when we benchmark health care is somewhere in the neighborhood of six thousand per -- to sixty-five hundred per -- somewhere in that range, so when we look at the health care claims in the City, they appear to be quite high versus our benchmarks. What we wanted to be able to do is bring in a company like this to look to see is our provider processing claims properly, do we potentially have a case of over -billing by health care providers, or maybe even potentially fraudulent claims, and that's what this is designed to do. This has never been done by the City. Chairman Teele: Is there a motion? Is there -- Commissioner Regalado: Motion to bring it back on the first meeting ofApril after the -- Chairman Teele: Why can't they bring it at the next meeting? Commissioner Regalado: Oh, I'm sorry. No. The last meeting ofMarch. Commissioner Gonzalez: Second. Chairman Teele: Motion to defer it to the next meeting. Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? CA.12 04-00171 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, ESTABLISHING A Community NEW SPECIAL REVENUE FUND ENTITLED: "2003 SUPPORTIVE Development SERVICES GRANT," APPROPRIATING FUNDS IN AN AMOUNT NOT TO City ofMiami Page 19 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 EXCEED $251,071, FOR A ONE-YEAR PERIOD, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, THROUGH THE MIAMI-DADE COUNTY HOMELESS TRUST, TO PROVIDE OUTREACH, INFORMATION, REFERRAL, ASSESSMENT, AND PLACEMENT SERVICES TO HOMELESS INDIVIDUALS; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AND TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR ACCEPTANCE OF THE GRANT; AUTHORIZING THE EXPENDITURE OF SAID GRANT FUNDS FOR THE OPERATION OF THE CITY OF MIAMI HOMELESS ASSISTANCE PROGRAM. 04-00171-cover memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0142 CA.13 04-00172 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "2004 ALLIANCE FOR HUMAN SERVICES GRANT," APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $40,000 EACH YEAR, FOR THREE (3) YEARS, FOR A TOTAL AMOUNT NOT TO EXCEED $120,000, CONSISTING OF A GRANT FROM THE MIAMI-DADE COUNTY DEPARTMENT OF HUMAN SERVICES, ALLIANCE FOR HUMAN SERVICES, TO PROVIDE OUTREACH, INFORMATION, REFERRAL, ASSESSMENT, AND PLACEMENT SERVICES TO HOMELESS INDIVIDUALS WITHIN THE CITY OF MIAMI; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AND TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; AUTHORIZING THE EXPENDITURE OF THE GRANT FUNDS FOR THE OPERATION OF THE CITY OF MIAMI HOMELESS ASSISTANCE PROGRAM. 04-00172-cover memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0140 CA.14 04-00173 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "HOMELESS EMERGENCY FUNDS," AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $17,500 TO SAID FUND, RECEIVED FROM MIAMI-DADE COUNTY THROUGH THE MIAMI-DADE COUNTY HOMELESS TRUST, TO ENHANCE THE SERVICES PROVIDED BY THE HOMELESS City ofMiami Page 20 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 PROGRAM, SPECIFICALLY FOR EMERGENCY MOTEL FUNDS FOR HOMELESS FAMILIES WAITING FOR BED AVAILABILITY AT AN EMERGENCY SHELTER OR TRANSITIONAL HOUSING; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID AWARD, AND TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR ACCEPTANCE OF THE AWARD. 04-00173-cover memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0141 Adopted the Consent Agenda Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton END OF CONSENT AGENDA Chairman Teele: Gentlemen, the consent agenda is before us. Items to be withdrawn or to discuss? Are there any items to be withdrawn on the consent agenda, Mr. Attorney, Mr. Manager? Alejandro Vilarello (City Attorney): The Manager is requesting that Item CA.7 be deferred to the next City Commission meeting. That would be March 25th. Chairman Teele: Are there any other items to be deferred to the next agenda? If not, is there a motion? Mr. Vilarello: I'm sorry, Commissioner. Substitute -- there's a substitute item for CA.11. Joe Arriola (City Manager): CA.10. Chairman Teele: Hold on a minute. Motion to -- by Commissioner Gonzalez to defer CA. 7 to the next meeting. Commissioner Regalado: Second. Chairman Teele: Second by Commissioner Regalado. Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: OK. Substitute. Mr. Vilarello: There's a substitute item for CA.11 and CA.10 is also a substitute item, and the Manager would request that that be considered in the afternoon. Chairman Teele: Those two items? City ofMiami Page 21 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Mr. Vilarello: CA.11, no, that could be considered with this agenda. Chairman Teele: Motion to defer CA.10 -- Commissioner Regalado: Move it. Chairman Teele: -- to the afternoon agenda by Commissioner Regalado. Second by -- Commissioner Gonzalez: Second. Chairman Teele: -- Commissioner Gonzalez. Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: CA.11 substitute is accepted without objection. Any other items on the consent agenda, please? If not, is there a -- Commissioner Gonzalez: Move the balance of the consent agenda. Commissioner Regalado: Second. Chairman Teele: Moving the consent agenda, as amended. Commissioner Gonzalez: Amended. Chairman Teele: All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? City ofMiami Page 22 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 PERSONAL APPEARANCES PA.1 04-00218 DISCUSSION ITEM (4/5THS VOTE) MR. IVAN E. HERNANDEZ, EXECUTIVE DIRECTOR OF THE CUBAN MUNICIPALITIES FAIR, CORPORATION TO ADDRESS THE COMMISSION CONCERNING A REQUEST FOR A WAIVER OF THE TWO EVENTS PER YEAR, PER SITE, LIMITATION ON TEMPORARY EVENTS FOR THE FLAGLER DOG TRACK PROPERTY LOCATED AT 450 N.W. 37TH AVENUE. 04-0021 8-letter.pdf 04-00218-memo.pdf DISCUSSED Discussion of Item PA.1 resulted in the resolution listed below. (PA.1) 04-00218a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE REQUEST OF MR. IVAN E. HERNANDEZ-DIAZ, EXECUTIVE DIRECTOR OF THE CUBAN MUNICIPALITIES FAIR CORPORATION, FOR A WAIVER OF THE TWO EVENTS PER YEAR, PER SITE, LIMITATION ON TEMPORARY EVENTS FOR THE FLAGLER DOG TRACK PROPERTY LOCATED AT 450 NORTHWEST 37TH AVENUE, MIAMI, FLORIDA, TO ALLOW THE CUBAN MUNICIPALITIES FAIR TO OCCUR AT THE FLAGLER DOG TRACK. Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0166 Chairman Teele: OK. Could you just do -- give me one -- could we take up this matter of the personal appearance by Mr. Alvin Hernandez? Is he present? Vice Chairman Sanchez: I don't think he's here. Commissioner Regalado: I haven't seen him. Chairman Teele: This is the Cuban Municipal Fair Corporation. Is there an objection? Whose district is the Flagler Dog Track? Commissioner Regalado: Me. Chairman Teele: Are you objecting to this or are you supporting this? Commissioner Regalado: I am in full support, but I've got to tell you something. The Cuban Municipalities Fair has been at the Flagler Dog Track for 25 years. They all have worked together closely. However, this year, they raised the rate on more than twenty-five thousand City ofMiami Page 23 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 dollars. They didn't want them there. There's some kind of agenda that the dog frack has, and the Cuban Municipalities will do the fair, but it would not help them economically, so somebody may find out what is their agenda, if they don't want anymore this fair there, or any other kind of activities at the dog frack. I don't know whether they plan to sell the property, what they plan to do, but it's causing a hardship to the Cuban Municipalities, so I will move, Mr. Chairman, whatever is necessary. Chairman Teele: The item -- Commissioner Gonzalez: Second. Chairman Teele: -- is Public Appearance Item Number 1, providing a waiver. Commissioner Regalado: I will move that. Commissioner Gonzalez: Second. Chairman Teele: Mr. Attorney, would you just explain what this waiver is so we all know what we're doing? PA.1. Vice Chairman Sanchez: What exactly is it we're waiving? Chairman Teele: They're requesting a waiver of the two events per year limitation -- Vice Chairman Sanchez: OK, OK. Chairman Teele: -- for the Flagler Dog Track -- Vice Chairman Sanchez: OK. Chairman Teele: -- to facilitate the Municipal -- Commissioner Regalado: Yeah. It doesn't -- Chairman Teele: -- the Cuban Municipal Fair, which I think -- Commissioner Regalado: It doesn't have a -- Chairman Teele: -- we've always done. Commissioner Regalado: -- money cow, so just -- Vice Chairman Sanchez: We've done it every year. Commissioner Regalado: And we've done that every year. Chairman Teele: We've done that historically. Vice Chairman Sanchez: Yeah. Commissioner Regalado: Yes. Alejandro Vilarello (City Attorney): Mr. Chairman, the Code only allows one such event on an annual basis, so it requires a four fifths vote of the City Commission to waive that limitation. City ofMiami Page 24 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Commissioner Regalado: And I move the waiver. Commissioner Gonzalez: I second the waiver. Chairman Teele: The only thing, Tomas, that I would say is that I think, you know, you need to meet with the dog track people and tell them, you know -- This is a historical event and I realize that the economy is heating up and space is becoming a premium, and any open space right now is something we're going to all have to get a lot more serious about trying to preserve because everybody's frying to develop or put something on every vacant lot, and now the dog track people appear to be raising -- it's not fair for them to raise it on something like the Cuban Municipal -- that's one of their fundraisers and -- Commissioner Regalado: It is their only fundraiser, and this year they would probably have to go and themselves put up the money because of the hit that they are taking. In fact, I called Ron Book, who is their lobbyist, and he wasn't able to do anything. In fact, they raised the insurance a hundred percent, plus they raised the rates twenty-five thousand dollars. They just want -- Chairman Teele: But they don't collect the insurance money. I mean, that's a factor of what's happening in the insurance world, but I think, you know, from our -- Commissioner Regalado: No, no, but the insurance doesn't have to do with the rates, I mean. Chairman Teele: I think, from our point of view and from your point of view, as a Commissioner, you need to send a very strong message to the dog track that if they're not going to be good corporate citizens, don't come down here and express a waiver for something else that they're going to make some money on because they've got to be good corporate neighbors, and the Municipios is very important traditionally. I mean, you know, they may not have the relevance that they had 15, 20 years ago, but they're very important to the tradition of this community. Commissioner Sanchez. Vice Chairman Sanchez: Thank you, Mr. Chairman. Mr. Chairman, we've met with them. At one point, we were trying to help them out to bring them over to the Orange Bowl, and everything was running smoothly until they got in the situation where the agreement that's established with the catering service now has the all exclusivity when it comes to beer sale. The perimeter of the entire Orange Bowl, and that includes the fence perimeter, so that basically -- we tired to work something out so they would waive the agreement. Apparently, that didn't work out, so that deal fell through, so we are working with them and we have contacted the Flagler Dog Track owners to help them out, but I tend to agree with you. I mean, they're basically, sooner or later, going to be pushed out of there, because how do you get rid of somebody legally from a place? You just continue to raise their rent where it's out of their reach and they have to move on, so that's something that we might need to explore because, as you stated, it's a very important event. It's held April the 1st, 2nd and 3rd, and it's a wonderful event at the dog track. You know, the dog track there, they only use it now for the dog races and, of course, for the weekend for the flea market, but I tend to agree with you. We need to help them out because sooner or later, they're going to be moved out of there. Chairman Teele: Well, you know, Commissioner Winton is not here and I don't really want to have this discussion, but one of the things that several promoters have said to me, directly relating to you, Commissioner Sanchez, is that once you build housing right there around the Intercontinental in there, people are going to start complaining about all of the events that go on at -- Vice Chairman Sanchez: They do now. Chairman Teele: -- at the Bayfront Park. City ofMiami Page 25 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Vice Chairman Sanchez: They do now. Chairman Teele: I mean, you know, you've got a park there, and people are going to complain about the park. I got calls at my residence this weekend about some noise that was coming from something there in Bicentennial, so, you know, people are calling. When you -- residential development is a two-edged sword -- Vice Chairman Sanchez: Exactly. Chairman Teele: -- and people don't want what goes with urban life but they want the urban convenience, and I think we need to become very sensitive to this issue, but on the point, Commissioner Regalado -- and I know you've supported the Municipios -- I think the point that Commissioner Sanchez is raising is a point that the Manager and his staff need to take note. The management came down here and rushed through the contract for the concession, you remember, and kept saying, look, have we bid this out? Do we know what we're doing? And they said, oh, these are the people that are doing it down at the Joe Robbie Stadium. They're the best. Now, you're basically saying, they've got such an exclusive that we can't even provide some relief to some not -for -profits, and I think we ought to insist on a not -for -profit clause in there for things in the community, around the edge of the -- especially if it's outside of the Orange Bowl. I mean, the way you're explaining it, you can't even do it outside of the Orange Bowl, and that was a sole source contract we gave. Vice Chairman Sanchez: And the administration did intervene, but, apparently, they have an agreement. They have a contract and they said, hey -- Chairman Teele: It was a sole source contract, folks -- Vice Chairman Sanchez: Sole source, yeah. Chairman Teele: -- that we gave them, and now they're telling us what we can't do on our land, so we have the reoccurring issue of PA.1 to support the Municipios by Commissioner Regalado. Is there objection? Vice Chairman Sanchez: None. Chairman Teele: All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? That's a unanimous four fifths vote approving it. Chairman Teele: Now, we have a little bit of a couple of time problems, Mr. Mayor. I know that the Mayor needs to make a statement. Mr. Mayor, we want to hear from you. We also have a NET (Neighborhood Enhancement Team) issue that was deferred from this morning that needs to be taken up right away. Vice Chairman Sanchez: PA (Public Appearance) item. Chairman Teele: We also have a CA item, which can wait and we also have the public hearing item, which I forgot. We got the sign interpreter that we need to take that up before that time expires, so without further ado, Mr. Mayor, thank you very much for being here. Mayor Manuel Diaz: Thank you, Mr. Chair, and this will be really, really quick. Some time ago I had heard concerns expressed by Commissioner Regalado, Gonzalez and Sanchez, in City ofMiami Page 26 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 particular with regard to the fair of the Municipios at Flagler Dog Track. At that time, the word was that the whole thing was going to be cancelled. I've met with Fred Habernick, who's one of the principals at Flagler and he agreed that the show would go on. He had only requested at that time that they provide some additional insurance because of the crowd -- the growth of the crowds and some additional cleaning and port-o-lets, which the groups for the Municipios agreed to. Regrettably, part of that equation also included a doubling of the rent, which Mr. Habernick was not aware of. This was done by his CFO (Chief Financial Officer). I spoke to Mr. Habernick during the break, based on the discussion you had this morning, and they have agreed to keep the rate at the same amount as it was last year, which is only seventeen thousand, as opposed to this thirty-four thousand that they were going to charge, so, you know, Flagler recognizes that they have a corporate responsibility. They've been in this community for a very long time, a good taxpayer, a good corporate citizen of this community, and they're willing to do this at the request of all of you. Vice Chairman Sanchez: Thank you. Mayor Diaz: That's it. Commissioner Gonzalez: Thank you, Mr. Mayor. Chairman Teele: Mr. Mayor, I know I made a comment this morning that may have been somewhat quickly made. I think what they're doing -- what Flagler is doing and the principal that you spoke to was Mr. -- Mayor Diaz: Mr. Habernick. Fred Habernick. Chairman Teele: Yeah, Fred. I think -- you know, I know Fred personally and I know him to be a good corporate citizen, and I'm really pleased to see that Flagler Dog Track is responding again. It's not in my district. It's not my -- to my political interest, one way or the other, butl think the Municipios are important and I'm really pleased that the -- that Fred recognizes that and, please, give him my thanks and compliments, please. Mayor Diaz: I will. Thank you. Chairman Teele: Thank you. All right. Commissioner Regalado: I still want to know if they want them back next year, because they told them that they don't want them back. Chairman Teele: Why don't you call him and talk to him. Commissioner Regalado: I will. Chairman Teele: They want to hear from you. City ofMiami Page 27 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ DISTRICT 1 COMMISSIONER ANGEL GONZALEZ DISTRICT 2 COMMISSIONER JOHNNY L. WINTON DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ D3.1 04-00156a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE DEVELOPMENT OF AN ACCELERATED FUNDING STRATEGY FOR THE LITTLE HAVANA HOME OWNERSHIP ADVISORY BOARD TO ADVANCE THE REMAINING $4.5 MILLION OF THE TOTAL $7.5 MILLION ALLOCATED FOR THE BOARD, USING DEOBLIGATED COMMUNITY DEVELOPMENT DOLLARS AND OTHER FUNDS IDENTIFIED BY THE COMMUNITY DEVELOPMENT DIRECTOR. WITHDRAWN A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and passed unanimously, with Commissioner Winton absent, to WITHDRAW consideration of Item D3.1. A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Winton absent, to direct the City Manager to properly advertise the deobligating of $1.5 million in HOME funds and schedule said item on the next Commission Meeting. Chairman Teele: All right. Commissioner -- does the Mayor have appointments? If not, can we go to District 3 blue pages, followed by District 4, followed by the NET (Neighborhood Enhancement Team)? Vice Chairman Sanchez: Thank you, Mr. Chairman. D3.1 will be deferred at this time. Chairman Teele: Is there -- I'm sorry. Vice Chairman Sanchez: The Director will explain as to -- they've identified one point five million dollars out of HOME (Home Investment Partnership Program) funds. However, because of a notice issue, the administration will bring it back at the next meeting. What we're doing is we're -- the administration is looking to allocate de -obligated funds that are out there as they go out and find it. They will come back later on with the specific amount that has been found, and we will -- as this Commission stated in the last meeting, as the money becomes available. City ofMiami Page 28 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Chairman Teele: All right. The motion then would be to defer D3.1. Vice Chairman Sanchez: Yes. That is the motion. Barbara Rodriguez (Director, Community Development): Right. Yes. Commissioner Regalado: Second. Commissioner Gonzalez: Second. Chairman Teele: Why don't we withdraw D3.1, because it's got to be rewritten. It can't be written in this form, the way you've just explained it. Vice Chairman Sanchez: Exactly. Ms. Rodriguez: Correct. Chairman Teele: So, the motion will be to withdraw D3.1. Vice Chairman Sanchez: Right. Chairman Teele: Moved by Commissioner Sanchez, second by Commissioner Regalado. Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? Vice Chairman Sanchez: And the motion would be now -- Chairman Teele: The motion then would be to instruct the Manager to advertise -- Ms. Rodriguez: Correct. Vice Chairman Sanchez: Properly notice. Chairman Teele: -- to properly advertise and notice one point five HOME funds. Vice Chairman Sanchez: One point five million HOME funds, to be brought back at the next Commission meeting. Chairman Teele: To be brought back subject to the advertisement. Vice Chairman Sanchez: Yes. Ms. Rodriguez: Right. Commissioner Gonzalez: Second. Chairman Teele: Is there a motion and a second to properly advertise and to schedule on the agenda? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? City ofMiami Page 29 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 D3.2 04-00222 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO CONDUCT A NEEDS ASSESSMENT TO DETERMINE THE TOTAL AMOUNT OF DOLLARS NEEDED TO ACCOMPLISH THE GOALS OF THE LITTLE HAVANA HOME OWNERSHIP ADVISORY BOARD ("ADVISORY BOARD") WITHIN ITS BOUNDARIES, FURTHER DIRECTING THE CITY MANAGER TO PRESENT THE COMPLETED RESULTS OF SAID STUDY TO THE ADVISORY BOARD WITHIN SIX MONTHS OF THE PASSAGE OF THIS RESOLUTION. Motion by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0148 Chairman Teele: Now, Madam Director, the one thing that would like to add to this discussion is this, so that it's all out on the table, and I want everybody, please, to listen. Virtually all of the money that is -- that the City has has a slot. Ms. Rodriguez: Right. Chairman Teele: There are dollars that have not been expended that need to be de -obligated. Vice Chairman Sanchez: Exactly. Chairman Teele: OK. That de -obligation process is something that needs to be done by the staff in consultation not only with the Manager, but with each of the Commissioners. One of the rules that we have had in the past -- that is not necessarily a good rule, but it is a rule that we have had in the past, that we need to work through -- is we're not going to take money from one community and put it in another community because we get into the problem that we had in this City where they took money from Little Havana and put it in Liberty City, and the people from Little Havana got mad. Then they took some money from Little Havana and put it in Flagami and then that, so we fry, but we've got to stay flexible. The problem that we have is this: The funds have not been expended in accordance with the various community -based organizations, and we've got to move forward and aggressively, and we've got to support the Manager and the management, I believe, in moving to orderly de -obligate funds, and in that regard, we all recognize that that needs to be done, and that's going to clear money for a lot of the things. The only thing that I'm going to say about this is this: We have seven projects, OK, in the Homeownership Zone issue. As far as I'm concerned, we need to move forward with Item Number 3, homeownership project number 3, not in my district, but in somebody else's district, so that we can begin, because the one thing thatl think that we're going to do, if we're not careful, is we're going to wind up with the same problem that we've got with the Model Cities and other areas, and that is putting money there and not being able to use it. If we're going to obligate something of a million and a half dollars to something, I think that's a fair amount of money to reserve, and as far as I'm concerned, I'm speaking -- I have no ability to contact Commissioner Gonzalez or these other Commissioners. I have to say it on the record. I think it's important that we move forward, in the next meeting also, with the establishment and the reserving of funds for the Allapattah Homeownership Zone District, just like we're doing in Little Havana, and I'm saying that because, you know, I've got two more there and the sooner we get City ofMiami Page 30 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Allapattah done, the sooner I can get to my -- to Little Haiti, as well, so, I mean, I'm not just trying to -- but do think the lesson that we're learning is we can no longer allocate large amounts of dollars. I think we need to put a reserve and then sort of on a first -come, first -serve. I also think -- and I don't know if you all have researched this -- if we could do a CD (Community Development) float with ourselves -- I know that CD floats are available, but a CD float, in my opinion, is the way to solve this problem before there is a problem, because with a CD float, we can provide a letter of credit using any of our other funds, and basically float our way through this for the next five years, the same way we would do for a big developer. Freedom Tower, folks, the Freedom Tower was a CD float project, and the reason that CD floats don't come up is, is because you have to have a letter of credit. Given the amount of reserves that we have, the City would have no problem producing a CD float letter of credit, and what this means, Commissioner Gonzalez, is it means that the amount of money that we have in our balance, which is -- at any time, it's going to be thirty million, and it's probably about sixty million right now. Most communities have fifteen to twenty million, but you can use the float against projects, and that way you literally are able to double the amount of money that you have, to some extent, so a CD float -- I don't know if -- I know it's available for a third party, that is, for a corporation that wants to come in and do something. I don't know if it's available for a municipality against itself and I really think we need to try to explore that. Ms. Rodriguez: We will explore it. Vice Chairman Sanchez: Mr. Chairman. Chairman Teele: Commissioner. Vice Chairman Sanchez: IfI could just elaborate on some of the points that you have made -- so eloquently made. First of all, on the de -obligation of these funds, I certainly don't have an egocentric complex in any way, and I'll state that for the point that I'm about to make. I certainly do not have a problem taking funds that are allocated to one of my projects in my disfrict, knowing that the jeopardy exists of me losing those funds -- Chairman Teele: And moving them somewhere else. Vice Chairman Sanchez: -- and moving it to another disfrict. This -- Chairman Teele: And you've done that in the past. Ms. Rodriguez: Yes. Vice Chairman Sanchez: And I want to make that point. That's my point. This Commissioner has done that to your disfrict, with the Jose Marti -- Chairman Teele: Not to my district, for my disfrict. Vice Chairman Sanchez: For your district, for your district. And on that point, I don't think anybody here has the problem to do that for another district, because what happens is, with these federally funded funds that we receive, regulations are applied, and if we don't use those monies in `X" amount of time, then you risk losing them, and this Commissioner will not lose any money that will not benefit the poorest city in the nation, just on that note. On the next one, I am so proud that you have, as the chair, taken on the leadership to nominate Allapattah as the next homeownership because I think that, following my district, the next district that's in dire need of housing is Allapattah, and Commissioner Gonzalez has done an excellent job. In the years that he's been as a Commissioner, I could tell you that visit that area and I see the difference, and that's the difference nowadays. It's not what people talk. It's the demagoguery, you know, it's the rhetoric and, at times, the caca pouring out the mouth, as I say. It's the actions that speaks City ofMiami Page 31 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 for themselves, so he's able to do that. Now, I would like to move this to another level. I think we need to do this in a more intellectual way, as to make sure that we maximize our dollars to the fullest capacity. One is that we need to do needs assessments, OK, and I -- we're learning this as we go along and we learn from the progress that we've learned through other homeownerships, and we're able to learn from their mistakes, and I'm sure Allapattah will learn from the mistakes Little Havana is going to make, and Little Havana will learn from the mistakes that Model City makes. We're not perfect. Things are going to happen, but here's the thing. We have to have a needs assessment in every area that we design because let me tell you. I have learned a lot with this homeownership stuff. It's really educated me on -- not only on CDBG (Community Development Block Grant) funds, HOME (Home Investment Partnership Program) and all that, but it's putting it together, which can make a difference, OK. I took a different model. I didn't take the model of a trust. I took an advisory board because my goal is to emphasize that every dollar that I could put into housing, I'd rather put it into housing, not putting it to salaries or put it into what I consider, in many cases -- excuse me -- in some cases, a waste of taxpayers' dollars when we do all these studies and we hire all these consultants, and we end up spending all this money on consulting fees, and they're just another book on the shelf that isn't applied, so we need to take a different approach as we go forth because, once again, all our communities and all our neighborhoods have different needs. It's been stated here many times: One shoe doesn't fit everyone, so by me making this point, we will have a needs assessment in Little Havana -- Ms. Rodriguez: Yes. Vice Chairman Sanchez: -- and we are moving forward to obtain the funds -- Ms. Rodriguez: Right. Vice Chairman Sanchez: -- to accomplish our mission. Once again, this is just one of many steps that we will be taking forward. The next resolution that I will present to this board and seek their approval is exactly that. Ms. Rodriguez: Right. Vice Chairman Sanchez: To have a needs assessment in Little Havana to see how they could accomplish their mission, because Little Havana, nine percent of it is homeownership. Nine percent. The end balance of the economy itself economic development, is to a point where we don't balance it out, we're just going to have another neighborhood that's in dire need of constant money being poured in, and at the end of the day, all you're going to have is just housing -- that you're going to house people that aren't going to bring in `X" amount of dollars to revitalize an area. That's a problem, so I just want to state that for the record because you have more experience than I do on this. You're a much better eloquent speaker than I am, but I just want to let you know that I'm learning a lot, Commissioner Teele, and will continue to learn. Chairman Teele: Well, I find it -- I agree with everything that you're saying. I think -- I don't know ifAna Gelabert is here today or is -- but I think the point that you're making is so important, and that is -- and this is no reflection on Community Development, Madam Director - - Madam Manager. One of the greatest challenges that I have seen in this city, since I have been here, is the lack of cross -coordination among the various departments. The point that Commissioner Sanchez is making is the point that we really do need a needs analysis. Ms. Rodriguez: We are. Chairman Teele: When we laid out these so-called seven homeownership zones, which is a part of our five-year plan, which we're obliged to rescind or amend or something, one of the first things that should have been done by us, the Commission, and certainly the staff should have City ofMiami Page 32 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 driven it, is a needs assessment in each of those areas, and so, I would only suggest that what I would like to see is a needs assessment in -- being done for Little Havana, but we really also ought to step up to the plate now -- Ms. Rodriguez: And do -- Chairman Teele: -- with Planning and do the needs assessment in Allapattah and, you know -- and I certainly don't want to wind this clock up, Joe, and get this clock going over here to my right, but one of the clear problems that we've got is, we need to develop a strategy for housing in Flagami. Ms. Rodriguez: Yes. Chairman Teele: And maybe the study comes back and says we don't need to do anything, that the market is doing it well enough, but I think one of the things that we all need to recognize is that the Flagami area, the district is not one of the zones, you know, and it perhaps doesn't need to be one of the zones because there's a lot of housing in there, but we need to do those needs assessments across the board, and there's no reason we haven't done it. I mean, it's not a question of we don't have the money to do it. Ms. Rodriguez: That's true. Chairman Teele: So I mean, I don't know how you feel, Angel, but I certainly would like to see that happen in Little Haiti, as well. Vice Chairman Sanchez: I could speak for the homeowners in Little Havana. We have a window of opportunity. Chairman Teele: A window. Vice Chairman Sanchez: A window of opportunity -- Chairman Teele: That window's closing. Vice Chairman Sanchez: -- that is about maybe three to four to five years. Anything after that, you're going to be crazy to subsidize somebody a hundred and thirty to forty thousand dollars to become homeownership. There is no need to subsidize anybody at that time. I mean, it just -- it's -- you can't afford it. Ms. Rodriguez: Right. Vice Chairman Sanchez: So, I know the challenges that are faced by the Little Havana Advisory Board, so that's why it's important, and we were following the directive that this legislative body sent us. Hey, listen, work with the administration to seek the de -obligated funds and move forward. I'm prepared to do that and these legislative actions exactly do that, so my next resolution -- Did we vote on the first one? Chairman Teele: Yeah, we voted on the first one. It would be D3.2. Vice Chairman Sanchez: OK. D3.2 is a resolution directing the City Manager to conduct a needs assessment to determine the total amount of dollars needed to accomplish the goals of the Little Havana Homeownership Advisory Board within its boundaries; further directing the City Manager to present the completed result of said study to the advisory board within six months of the passage of this resolution. So move. City ofMiami Page 33 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Commissioner Gonzalez: Second. Chairman Teele: Moved and second. Before we do -- is the Planning Director present today? Is there anybody here from the Planning office? Because Madam Manager -- and I'm glad you're in the chair -- you know, CD doesn't need to now start a planning division. This is macro planning, not micro planning. Macro planning in the context of Little Havana, and what CD doesn't need to do is now fry to make that their new discipline. The Planning Department Director ought to be standing right where she's standing or right beside her, in my opinion, and this ought to be something that we take our planning experience and expertise and we bring it to bear with the Community Development Department. Who's representing Planning today? Vice Chairman Sanchez: Commissioner Teele, ifI may, Planning is very aware of this. As a matter of fact, many years ago, a resolution was passed directing Planning to do that study and it was never done. Chairman Teele: I didn't want to get into that. Vice Chairman Sanchez: Well, I do. I do. Chairman Teele: I didn't want to get into that. Vice Chairman Sanchez: Because you know what? There are times you need to refresh in people's mind. It's called the refreshment of appreciation, OK. Chairman Teele: I even went so far as to say that the County has done one thing that I will tell you is a very good job, even though our Planning staff says that it's not, in private discussions, and that is, they did what is called these 13 district area studies, and each district has got a notebook that thick, and in private discussions, after that discussion, our Planning Director said, well, I don't think it's that great, et cetera, et cetera, but the fact is, they got a document. We still don't have anything. This was three years ago, and I would go back and say, let's don't just reinvent the wheel. Let's go and look -- start with the County -- the County did a planning study for each of the 13 areas. Let's start there and then let's move forward with that, but I agree completely with Commissioner Sanchez, is that we need to get these planning studies done for the various areas. Ms. Rodriguez: We will. Chairman Teele: Is Planning under you? Alicia Cuervo Schreiber (Chief of Operations): I'm sorry? Yes, Planning is under me, sir. Chairman Teele: I thought Planning -- OK. Are you hearing us? Ms. Cuervo Schreiber: Yes. Chairman Teele: All right. We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. D3.3 04-00223 DISCUSSION ITEM DISCUSSION CONCERNING A STATUS OF REOPENING OF SW22 TERRACE & 1ST AVENUE THAT WAS DIRECTED BY THE COMMISSION IN 2003. 04-00223-email. pdf City ofMiami Page 34 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 WITHDRAWN A motion was made by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, and passed unanimously, with Commissioner Winton absent, to WITHDRAW consideration of item D3.3. Vice Chairman Sanchez: The other item, D3.3, I would like to withdraw the item. That item is being taken -- Chairman Teele: Motion to withdraw is always in order. Commissioner Gonzalez: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. D3.4 04-00243 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION PROVIDING SUPPORT, IN AN AMOUNT NOT TO EXCEED $2,500, TO THE XXV HEMISPHERIC CONGRESS OF THE LATIN CHAMBERS OF COMMERCE AND INDUSTRY, TO BE HELD AT THE RADISSON MART PLAZA HOTEL AND CONVENTION CENTER APRIL 14-17, 2004, FROM THE DISTRICT 3 SPECIAL EVENTS ACCOUNT NO. 001000.921054.6.289, SUBJECT TO BUDGETARY APPROVAL. Motion by Vice Chairman Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0149 Vice Chairman Sanchez: And I have another one. I just -- Chairman Teele: D3.4, relating to twenty-five hundred dollars for the -- Vice Chairman Sanchez: Sir, could you read it into the record for me? I can't find it. Chairman Teele: Yeah. It's a resolution of the City Commission providing support, not to exceed twenty-five hundred dollars, for the 25th Hemispheric Congress of Latin Chamber of Commerce, to be held at the Radisson on April 14th, from the District 3 Special Events account. Vice Chairman Sanchez: I don't think I'm going to get any debate on that. So move. Commissioner Regalado: Second. Chairman Teele: Did somebody else want to amend this and add some money from some other districts, I understand? Were you going to add money from your district account for this? Commissioner Regalado: I did -- Vice Chairman Sanchez: He already did -- Commissioner Regalado: I already did that the other -- City ofMiami Page 35 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Vice Chairman Sanchez: I should have done that last week, but I -- Chairman Teele: Anybody else? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: Opposed? City ofMiami Page 36 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 04-00169 DISCUSSION ITEM District 4 DISCUSSION CONCERNING AN UPDATE FROM THE ADMINISTRATION CONCERNING PLACING MARKERS TO DESIGNATE HISTORIC LOCATIONS IN THE CITY OF MIAMI. 04-00169-cover memo.pdf DISCUSSED Direction to the City Manager and City Attorney: by Chairman Teele to look at the entire process of historic preservation and work on an interlocal agreement with Miami -Dade County for designation of historic preservation; further requesting that the City Manager review the record for the last three years of the City's problems and issues with designation of historic structures. A motion was made by Commissioner Regalado, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioners Winton and Gonzalez absent, to schedule a presentation on the status of historic preservation for the Commission Meeting currently scheduled for April 8, 2004; further instructing the City Manager to look into the issue of fast tracking facade approvals in Tallahassee. Direction to the City Attorney: by Chairman Teele to work with the City Manager in reviewing the Internal Revenue Service (IRS) provisions regarding historic designation of properties by donating a facade in perpetuity to certain recognized historic organizations. Chairman Teele: District 4. Commissioner Regalado: Thank you very much, Mr. Chairman. Several weeks ago, we discussed the placing of markers to designate historic locations in the City ofMiami. We were told by the administration that they were going to discuss this and come back, butt haven't heard anything from it. Yesterday at the -- Chairman Teele: Excuse me. Commissioner Regalado: -- Coconut Grove Marketing Committee, when we were launching the campaign, we had a large delegation from the West Grove, and Mr. Chairman, let me tell you something. I did not know most of the details that this group of ladies gave regarding history and Bahamian contacts between the West Grove, the Black cemetery, and I told them -- because they wanted to include markers in this project approved by the committee and sponsored also by the Greater Miami Conventions and Visitors Bureau. I told them that the City ofMiami will start placing markers to designate historic locations in the City, so I don't know the status of the project. Alicia Cuervo Schreiber (Chief of Operations): Commissioner, with this item, there was a report submitted from Sarah Eaton, section under planning, in favor of the item. The one friendly recommendation that staff did have was that all the maintenance of -- when it was a privately owned building, that the marker be put on the private property and be maintained by the property owner, in conjunction with an agreement with the City and the handful that are city property owned, that the City would continue to maintain and take care of. Commissioner Regalado: And when was this happened? City ofMiami Page 37 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Ms. Cuervo Schreiber: Pardon me? Commissioner Regalado: When would -- when are we going to have the markers? Ms. Cuervo Schreiber: I believe that there already is money that needs to go before the Homeland Defense, the Oversight Board committee. There is money designated for this program. It just not -- has not been approved, and we need to lay out the whole study that was prepared. Commissioner Regalado: OK. The other thing, Mr. Chairman, it has to do with historic designations. Chairman Teele: Before you go into that, you know -- the Manager and I had a conversation about the reserves of this City, especially in the area of capital. I think, you know, things like markers and all that, I don't see any reason why that's got to go Homeland Security money. I mean, we have enough flexible reserves that -- I mean, you know, we're making bureaucracy for ourselves on some of that. I'm sure that between Public Works, where markers and signs are normally done, we can put something like that in our regular budget but, I mean, if that's the way it's going, it's going that way, but, I mean, I think that's a stretch. How much is a marker going to cost, eighteen hundred dollars per marker? Ms. Cuervo Schreiber: Commissioner, I'm not sure, but it was -- Chairman Teele: Thirty-two hundred dollars per marker? Ms. Cuervo Schreiber: It was shown up as an allocation. It just hasn't shown up as approved by the Bond Oversight. Chairman Teele: And what I'm saying is, I don't -- Ms. Cuervo Schreiber: Yeah. Chairman Teele: -- even think that should be a two fifty -- I don't even think that -- I mean, we're straining now. I mean, Mr. Manager, what's our reserves outside of the Homeland Security for capital projects, roughly? Joe Arriola (City Manager): Well, I'll give you -- let me give you a very accurate number in ten minutes, OK? Chairman Teele: Yes, sir. Mr. Arriola: Because I don't want to guess. Commissioner Regalado: Mr. Chairman. Commissioner Gonzalez: Mr. Chairman. Commissioner Regalado: And Mr. -- Madam -- Chairman Teele: Would you yield to Commissioner Gonzalez? Commissioner Regalado: Sure. Commissioner Gonzalez: No, no. Let him -- City ofMiami Page 38 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Commissioner Regalado: No. I -- but do have another thing about historic --Alicia, maybe, and Mr. Manager. We are frying to work with the group that does the facade program in -- Commissioner Gonzalez: That's what was going to refer to. Commissioner Regalado: -- Coral Way and Flagami. Coral Way is destined to become the second Miracle Mile; huge projects, beautiful buildings. The City is -- spent a lot of money in Coral Way. We're going to start, hopefully, the lighting of the trees, and we're trying hard to do facade. We have a whole shopping center from 23rd to 24th Avenue. The 13 businesses, one facade, but guess what? It's considered a historic shopping center, and the owners don't understand that the City -- first of all, the City's not certified to approve a facade in a historic building, and we have to send it to Tallahassee, and frankly, it takes 90 days. I went and talked to these people. The people were promised. Nothing happened. They think that we're making fun of them. They think that -- They don't want now the facade. They said, you know, forget it. I don't understand how a shopping center that is from stores is declared historic, and then we have to go to Tallahassee, send the paperwork, which by the way, I don't think that we have even sent the paperwork yet to Tallahassee. I just don't understand, first of all, how a city -- Miami is the oldest city in all South Florida -- Commissioner Gonzalez: Commissioner, would you yield? Commissioner Regalado: -- and we are not certified. I do not understand that. Yes, sir, I'll yield. Commissioner Gonzalez: OK That's exactly what was going to refer to because in my district we're having exactly the same problem and the same situation. People apply for facade -- to have a facade done on their building. It's declared historic, whatever. It has to go to Tallahassee. It take three months or four months, or whatever time it takes. By the time that the agency receives the clearance of the historic, then the merchant has already painted the building or done whatever he's going to do in the building, or decide not to do it, OK, and we're wasting resources on the agencies that are assigned money from CDBG (Community Development Block Grant), from this Commission, is the one that appropriate the money for those agencies, and everything is a delay, and I can't understand because I know that the County has a person that does the approval of the historic buildings. Why does the City ofMiami doesn't have a person -- if he needs to be sent to Tallahassee for training, if he needs to be sent to Washington, to Alaska, or to whatever, just send him, Mr. Manager. I'm asking you because we need to take care of this problem. We need to have someone in the City ofMiami, not in Tallahassee, in the City of Miami that can take care of these problems because he's getting -- they're driving him crazy and they're driving me crazy, and Joe Sanchez is probably having exactly the same problem in East Little Havana, so I think it's time -- and I'm glad that this discussion was brought up because it's about time that we solve this problem. We're solving other problems in the City ofMiami, and something as simple as designating a person to be our historic representative, or whatever you want to call it, whatever the title is -- I mean, it's very simple. It's very simple to get that done and solve all of our problems. Thank you. Commissioner Regalado: Can I ask you, why are you not certified? Sarah Eaton: Sarah Eaton, Preservation Officer. Individuals are not certified. Cities are certified, and we have been having discussions with the State for the last six to eight months. We submitted a request that the City ofMiami enter into a memorandum of agreement with the State Historic Preservation Office to perform certain functions. The State has not yet responded to our request, but have been informed informally that no city or county in the state has received such certification. The State is not comfortable in delegating that responsibility to municipalities. This is a federal regulation that the -- City ofMiami Page 39 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Commissioner Gonzalez: How come the County is certified? Ms. Eaton: The County is not. Commissioner Gonzalez: The County is. Ms. Eaton: No, no, sir. I'm sorry. I verified that with the State and there is an assumption that they are -- Commissioner Gonzalez: Mr. Manager, if it takes you to take a trip from here to Tallahassee and talk to our lobbyists, the people that we pay money to represent us in Tallahassee, you know, we need to get this solved. We need to get this resolved because, you know, it's something that we cannot deal with it. As Commissioners -- Arriola: You're right. Commissioner Gonzalez: -- we cannot deal with it, and you know what the problem is? I'm going back to the same thing thatl started saying when I became a Commissioner. Mr. Arriola: Yeah. Commissioner Gonzalez: It's very easy to sit down on an office, an air-conditioned office on the 10th or 12th floor of the MRC (Miami Riverside Center) building and not having to deal with the people out there on the field, so we need to take care of this problem now. Mr. Arriola: Commissioner, I couldn't agree with you and Commissioner Regalado more, and if -- let me get back to you within the next 30 days, and I will solve the problem. I agree with you. It's a problem and I'm aware of it, and I'll take care of it. Chairman Teele: Mr. Manager. Commissioner Regalado: Can I -- Chairman Teele: Commissioner Regalado. Commissioner Regalado: You know, whether we're certified or not, that probably isn't the point. The point is the time that it takes. The point is that in the County -- I checked that -- in the County, I don't know how they do it, but they get the certification in one week. I don't know if it's the City's fault not to send the paper. I don't know if we don't follow through. I don't know, but the fact of the matter is that I personally checked with the County. They get certificates in one week. Coral Gables, that is very hard on this historic thing to do a facade, they do it quickly. I don't understand why we have to wait three to six months to get an approval for a facade, and, you know, this is, for me, an exercise in futility because these people in Coral Way, you know, they said, no, we don't want anything from the City. No. You know, the City is going to give you money. No, no. You know, all the problems that you guys have that we have to submit plans and all that, so forget it. We're not doing it, so I don't understand what we can say to them. Chairman Teele: Mr. Manager. Commissioner Gonzalez: And you don't know the problem? Mr. Arriola: Commissioner -- oh, I'm sorry. Commissioner Gonzalez: Mr. Chairman, another problem that we are confronting, we are City ofMiami Page 40 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 demanding from these agencies that we fund productivity. Chairman Teele: Is what? Commissioner Gonzalez: Productivity. We ask these agencies that they have to produce `X" amount of facades every year between the historic preservation deal, the environmental deal, and the -- and now they are requesting that every one of these buildings that is applying for facades, they have to have flood insurance. It is getting so complicated that it's getting very hard for these agencies to achieve the productivity that they need to achieve, according to what Community Development is asking them to do, and let me tell you. I'm one Commissioner that is going to be supporting these agencies for funding, and I don't care if they did the hundred facades or if they didn't, because it's not their fault. When I was the director of a community agency, I was doing 150 to 175 facades every single year, and now I know it's not getting done because of all of different mechanisms that have been put in place that doesn't allow them to do their job, so we need to start working on all of those issues so these people can produce and these people can get their funding in place. Mr. Arriola: Commissioner, again, I understand. We've talked about this thing, and as a matter of fact, I'm going to ask you to help me in this process, starting next week, and I will come back within 30 days with a plan for you. I promise you that. Chairman Teele: Mr. Manager, I would respectfully request you review the record of this discussion for the last three years. The historic planning process in this City is totally dysfunctional. Commissioner Regalado: Total. Chairman Teele: It doesn't work. Commissioner Regalado: It doesn't. Chairman Teele: And it's no need in trying to fix this thing up in a way that we're misleading you or the staff as to the concern that we have. I would urge you to go back to look at the record when we gave CD the authority to give five hundred thousand -- or what was that amount of money? Ms. Eaton: I believe it was three hundred and twenty-five thousand. Chairman Teele: Three hundred twenty-five over my objection, because I said the process doesn't work. It will never get spent and it didn't get spent, and then the money was turned back to us two years, three years later. Am I wrong, Ms. Rodriguez? Ms. Eaton: We spent every dollar -- Chairman Teele: Ms. Rodriguez, did you all -- did Planning return that money or not? If I'm wrong, I want to get it straight. Barbara Rodriguez (Director, Community Development): I don't have those figures with me. Sarah did handle that account. Chairman Teele: Those funds were then turned over to the black police station, or something like that. That's where those funds came from. Now, this is the point that I'm making. I requested, respectfully, for the Manager then to sit down with Miami -Dade County Historic Preservation and to work an inter -agency agreement. We are not in competition with Dade County on 90 percent of the issues, and there's no reason in creating bureaucracy after City ofMiami Page 41 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 bureaucracy to do the same thing. Historic preservation is in everybody's best interest. IfI were at-- ifI were the State of Florida, I would not give the City ofMiami the authority to designate facades because there is no history of this community. We -- this city does not have a history yet. We had our first historic designation to come before us and this Commission was weak kneed about it. We were all ready to give the guy the appeal and overrule our own staff on it, so I don't think we've shown that we're any great bastion of historic preservation. I'm not dumping on the staff. I'm saying we all are in this thing yet. We're learning. We gave our first historic grant under CD less than four years ago. The first, less than four years ago, and we still don't do historic preservation grants, and if you talk to the various entities -- call in Ernie Martin, who has the biggest historic project out there that they're working through, and let Ernie Martin -- that's the -- what's that? Ms. Eaton: Spring Garden. Chairman Teele: That's the Seabolt -- Ms. Eaton: The canal house. Chairman Teele: -- canal house that was built at the turn of the century, and let them tell you the horror stories of CD that they've gone through; the horror stories of historic preservation that they've gone through, so it's a dysfunctional process. Bring in the Williams guy who's on our Code Enforcement Board, my appointee, the Haitian guy there on Northwest -- Northeast 2ndAvenue. What's his name? Ms. Eaton: Georges Williams. Chairman Teele: Georges Williams. Bring him in, Mr. Manager. Let him tell you the horror stories of historic preservation and being told one day to do this sign, and the same department come back two months later and say, we don't want this signage. We want that signage. This is a horror story, and I told the attorney the other night, I said, look, Mr. Attorney, you and the Manager have got to sit down and figure out what we're doing in historic preservation because I don't think we, the Commission, have set this thing up properly. When we set up the historic preservation appeals process, there was nobody representing the City point of view. The City Attorney was not representing the -- he was not advocating the City point of view. He was there as the City Attorney, in that case, Mr. Maxwell, and yet, you had the lawyer for the other side ripping every recommendation of the City staff -- there was no true advocacy there. All we heard was one side of the story. We heard a lawyer, whose son -- whose daddy was the owner, who brought in all of the important businesspeople, and this Commissioner was ready to give them everything. Thank God, you know, Commissioner Winton came up with a compromise, but we're not committed to historic preservation yet, and I don't even think we've set ourselves up to. I've asked the City Attorney to come back with some recommendations to the Manager for special counsel, because every time an issue comes before us for historic preservation, the property owner is going to hire the Gucci lawyers. They're going to hire somebody like Luis Rojas, who's sitting in here with a telephone next to his ear, and he's going to come down and appeal to us about how this property is no good. It's about to fall down. It can't be fixed, and there's nobody to say anything on the other side of the coin. I mean, so -- Commissioner Gonzalez: We lost one. Chairman Teele: He's right there. Tomas, Tomas. Commissioner Regalado: Yes, sir. I'm here. Chairman Teele: He's right here, so I don't think it's just a question of the staff. I think we need to look at the whole process; what we're doing, what the Law Department is doing, and my City ofMiami Page 42 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 recommendation, sincerely, is that we should look with the County. We should form a joint -- an interlocal agreement. Historic preservation is in everybody's best interest. I don't even understand how we designate -- how we pick one building, like the one there on Biscayne Boulevard. That was the biggest issue in my mind. Why that building, and why not the building on either side of it, you know? This Commission directed the City staff to bring about historic designation for the units over there in the trailer park, not Magic City, but the other one, for those unique bungalows. When we were talking about buying the land, they didn't want us to buy the land, so the City staff -- the City staff the Planning -- the historic -- said we need to make that historic. Where are they? Has that historic designation been done yet? Ms. Eaton: The designation of the Magic City Park was proposed by City staff. A designation report was prepared. The owner came to the board -- Chairman Teele: What was my question? Ms. Eaton: Was it -- yes, it was prepared. The board denied -- Chairman Teele: No. My question was not to prepare it. My question was what, Mr. Manager? Mr. Arriola: Was it designated or not? Chairman Teele: Was it done or not? That's exactly right, and so, the answer is, is it done? Ms. Eaton: The Historic and Environmental Preservation Board denied the designation because the owner came to the board with a structural engineer saying the buildings were not salvageable -- Chairman Teele: See. Ms. Eaton: -- and it was denied. Chairman Teele: See, that's what I -- and everybody's going to say it's not salvageable, and how could a wooden house -- a wooden framed building not be salvageable? Not be. If that's the case, bulldoze all of New Orleans' -- what's that district they call down there? Unidentified Speaker: French Quarter. Ms. Eaton: French Quarter. The Garden District. Chairman Teele: The French Quarter. Just bulldoze the whole thing because it's all wooden. It was all built in the 1700s. I mean, you know, a wooden building is salvageable, per se. Ms. Eaton: We believed it was, and that's why we recommended the designation. Chairman Teele: Well, I would really like the transcript. What about the Lemon City Post Office that everybody has come here and talked about? Ms. Eaton: That was designated years ago in the '80s. Chairman Teele: So, I think -- I just want to be on record, Mr. Manager, as supporting everything that Commissioner Gonzalez is saying and Commissioner Regalado, although I think they're focused on a narrow issue, which is the facade, and the reason that that is becoming an issue is because it's holding up community development kinds of activities, but I think there is a much broader historic preservation issue as to how we're approaching this and what our plan is, and I've given you the name of two people that I recommend you talk to, Ernie Martin and City ofMiami Page 43 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Georges Williams, from different areas, different things, and let them tell you the horror stories, firsthand, that has been going on in this city. Commissioner Regalado: Mr. Chairman. Chairman Teele: So -- Commissioner Regalado: Mr. Chairman -- Chairman Teele: Is there a motion by Commissioner Regalado for there to be a presentation for the first meeting in April on the status of historic preservation in the City ofMiami? Vice Chairman Sanchez: Second. Commissioner Regalado: Move it. Chairman Teele: Moved and second. Commissioner Regalado: And, Mr. -- Chairman Teele: Discussion on that item. Commissioner Regalado: No. I think that you're right, that they should look at the whole process, but before they go do that, can we do the facade? I mean, can they make it easier because -- Chairman Teele: You all have made it very clear to the Manager what you want to do, and I think he's heard you. Commissioner Regalado: I mean, it's so complicated and it's very difficult to work with the administration in terms of this historic thing. It's very difficult because it seems to me that there is no will to cooperate in frying to facilitate this facade. These are people that have been there 20 years, and they're going to be there 20 years more, and the City came offering and now we look really bad and that's something, so that is my comment. Chairman Teele: Motion and second. Mr. Attorney -- City Attorney, is he here? Could -- on this motion, all those in favor, "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? May I inquire of you, Mr. Attorney, two things? Number one, would you look with the City Manager on the IRS (Internal Revenue Service) tax methodology of designating something historic through the donation of the facade to a recognized -- and they have a list of recognized organizations and entities where the facade is desig -- This may be a way around that, too. There's a non governmental way to do this under the Tax Code, where you can designate it -- they have some designated organizations, historic organizations trusts where you can designate the facade -- or donate the facade -- that's the word -- donate the facade in perpetuity to those organizations, if they accept it, and that itself constitutes the historic designation. Would you work with them on that, on a non -governmental approach, that private property owners may be able to fast track? Commissioner Regalado: That would be good. Chairman Teele: Number one, and number two, if there is a request for historic preservation and the -- and our board -- what's the name of that board? City ofMiami Page 44 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Hs. Eaton: Historic and Environmental Preservation Board. Chairman Teele: -- and they turn it down, can the City staff appeal it to the Commission? Hs. Eaton: Yes, we can. Alejandro Vilarello (City Attorney): It's already in the process. It is already in the process. The staff can appeal the denial of the designation. Vice Chairman Sanchez: It's the current process. Chairman Teele: So, a decision of that board can be appealed to this Commission? Hr. Vilarello: By both the applicant -- by both the owner and staff. Chairman Teele: By either or both? Hr. Vilarello: Yes. Chairman Teele: Which one? Hr. Vilarello: Both. Hs. Eaton: Anyone. Chairman Teele: By either one or by -- Hr. Vilarello: Either one can bring an appeal. Chairman Teele: I rest my case. All right. Any other item? Commissioner Regalado: Yes, sir. Yes, sir. Hr. Arriola: Commissioner -- Commissioner Regalado: I have -- Hr. Arriola: To the number you were looking for, it's -- at the beginning, it's one hundred and eleven, five hundred and eighty-two thousand, five hundred and thirteen dollars. Of course, you know, we've taken some money out of that amount, so it stems somewhere around the eighty-five million dollar number, so kind of what you and I talked about that -- Chairman Teele: Yeah. Hr. Arriola: -- we need to do something about. Chairman Teele: And my point is, why take something like that that a Commissioner's asking for to all of these different steps when you have the authority -- Hr. Arriola: Yeah. Chairman Teele: -- within that eighty-five million dollars to go ahead and make that marker work? City ofMiami Page 45 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Mr. Arriola: We have spoken about it and, you know, we're -- I just want to make sure that go through all the Commissioners before we start doing that, but we'll do it. Commissioner Regalado: Mr. Chairman, since you are mentioning wood, I was checking on my files, and there was a discussion earlier about the bungalows in the Little Haiti area, and I think that Ms. Eaton said that the developer brought an engineer. According to a press report, it was the City that hired the engineer that said that the property should be demolished. That was a press report. Maybe the press was wrong, although I don't think so, because -- not that the press is never wrong, but most of the time, it's right, so we need to clarify this for the next. D4.2 04-00202 DISCUSSION ITEM District 4 DISCUSSION CONCERNING EARLY VOTING SITES FOR THE PRESIDENTIAL ELECTION ON NOVEMBER 2, 2004. 04-00202-cover memo.pdf DISCUSSED A motion was made by Commissioner Regalado, seconded by Chairman Teele, and was passed unanimously, with Commissioner Winton absent, to direct the City Clerk and City Attorney to look at all options, including legal action, to have early voting sites in the City ofMiami for the November 2004 Presidential Election, ifMiami-Dade County rejects the City's proposal for early voting sites in November. [Note: Clerk contacted City Attorney; Commission authorized legal action against Miami -Dade County Elections Department on July 8, 20041 Note for the Record: Chairman Teele reinterated the fact that the City Clerk's Office and City Attorney's Office need to have appropriate staffing to deal with election issues including developing a strategy and plan to protect the City; further stating that there will be a need to have a hot line for voters to call for election problems during election day. Commissioner Regalado: Mr. Chairman, the other item is again a discussion item concerning early voting sites, this time for the Presidential Election on November 2, 2004. This past primary, the City ofMiami only had one early voting precinct, one at the Stephen Clark Center, the County government in downtown Miami, none in the rest of the City ofMiami. Even though Ms. Kaplan said that there is a law now that by law, you need one precinct for each one hundred thousand voters, so the City ofMiami would have had three and a half precincts within the municipality. We need to designate our City Clerk, with the help of the City Attorney -- because if the County does not agree to early voting sites in the City ofMiami for the Presidential Election, my question, Mr. City Attorney, can we enter a litigation with the voters' right bill? Because although early voting is not mandated -- maybe it will if the legislature passes this law, but suppose that it doesn't pass. If early voting is not mandated by the voters' bill of right, can we sue the County for not giving the City ofMiami the possibility of early voting sites? Joel Maxwell (Deputy City Attorney): Commissioner, certainly, as we've often told you, you can file a suit. Anybody can sue, and we can do that. The question -- Commissioner Regalado: No, butt mean within the framework of the bill -- of the voters' bill of rights. Mr. Maxwell: We would have to look into that and check and see if you can do that, but certainly, we certain -- the City ofMiami and the voters of the City ofMiami are entitled to equal protection, so if we feel that that's not occurring, we should pursue our remedy there. Commissioner Regalado: The thing is, we had 22 early voting sites, and only one in the City of Miami, and that is a shame, so, Mr. Chairman, I would like to move that the City Clerk and the City Attorney would look into the possibility of legal action in case that the County rejects the City ofMiami Page 46 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 City's proposal for early voting sites in November -- in the November Presidential Election. Chairman Teele: I would prefer if you would frame the motion more like to look at all options -- Commissioner Regalado: Yes, sure. Chairman Teele: -- to comply, as opposed to just that issue, and make it more comprehensive and not just on that, and that would be one of the options, of course, if you would accept that. Commissioner Regalado: I would accept that, but by looking or by memorializing what Ms. Kaplan said before us, I don't think that we're going to have many -- and let me tell you, the early voting is necessary in November because we are going to have the GOB (General Obligation Bond), the bond issue in the City ofMiami besides the Presidential Election, and the people are going to have to be very informed about this bond issue and other issues that will be addressed. The bullet train will be in the ballot, too, so it is important that the people of the City ofMiami will be given all the opportunities to vote. Chairman Teele: On this motion, Mr. Manager, Madam Clerk, I think -- you know, Commissioner, it's interesting because I've had a number of my constituents to ask me when did Commissioner Regalado become a Democrat and this, that and the other, seriously, because the public watches this and they -- a lot of my constituents think that he's fighting for their rights because, traditionally, at least from the media and a lot of places, it's the African American community that is left out, and I just want to say, publicly, that a lot of people are taking note of this issue. I don't know where your politics lie on this, other than just fairness. Commissioner Regalado: Fairness. Chairman Teele: But the fact of the matter is, I think there is a real problem, but the problem, Mr. Manager, I think, is a budget problem and a management problem. A budget problem from the Manager's office and a -- a budget problem from the Manager's office and a responsibility oversight in management problems from the Clerk's office. I don't think our Clerk has done a competent job in keeping this Commission advised of all of the problems that are going on, as it relates to elections, and that's strong language. I support the Clerk, butt have said in so many different polite ways, the Clerk's office has got to get on top of this elections issue, on one hand. On the other hand, the Clerk has no staffing dedicated, at this point, to elections issues, and I don't think we can continue to dodge on this issue. We need to recognize that the Clerk is the point of contact under our Charter. Is it in the Charter, Mr. Attorney? Mr. Maxwell: Yes, sir. Chairman Teele: And the previous Clerk that was here got appointed Deputy Supervisor of Elections of a County and he had no elections experience, because that's not what the Clerk of a municipality does. People think they do, and I would like to call as Exhibit "A," one person, Brenda Lee, to come forth and just put your name on the record on this discussion. Your name, please. Brenda Lee: Good morning. Brenda Lee, 1147 Northwest 8th Avenue. Chairman Teele: And what precinct do you vote in? Ms. Lee: Precinct 530. Chairman Teele: And where is that located? Ms. Lee: 2420 Northwest 18th Avenue. City ofMiami Page 47 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Chairman Teele: In Allapattah? Ms. Lee: Yes. Chairman Teele: In the heart ofAllapattah, number one, so here she is living in Overtown on 7th Avenue -- you're a block from 7th Avenue, right? Ms. Lee: That is correct. Chairman Teele: And your precinct is on 24th Avenue? Ms. Lee: On 24th Street and 18th Avenue. Chairman Teele: On 18th Avenue, so all the way across. I have asked repeatedly -- I don't mind where people vote, but that's not even fair to send somebody across the traffic -- what time did you go vote yesterday? Ms. Lee: On Tuesday, I arrived at the voting poll at 6: 55 p.m. Chairman Teele: And? Ms. Lee: The gate was closed. Chairman Teele: So you couldn't vote? Ms. Lee: No, sir. Commissioner Regalado: That's illegal. That is illegal. Chairman Teele: Did people call my office how -- people have called me office to say that they couldn't vote in Hadley Park, as well -- Ms. Lee: Yes, sir, that is correct. Chairman Teele: -- on Tuesday, so we've got a mess out here, and the fact of the matter is, the -- Ms. Kaplan is saying in the newspaper, everything is fine. Commissioner Regalado: No, it's not. Chairman Teele: You know -- Commissioner Regalado: And, Mr. Chairman, that is my point. It's not even about fairness. It's about the right of the people to vote, because let me tell you something -- and because I don't trust the County, and you know what? You have to remember -- and I think, at that time, you were at the County -- you have to remember, one week after Hurricane Andrew, 1992, there was a special election that the County convened, one week. Chairman Teele: The Governor issued an emergency decree and extended the election. Commissioner Regalado: But in that special election, with one percent of the people going to the polls, the name of Dade County was changed to Miami -Dade County, and that is my point. Chairman Teele: I don't think you're right, factually, on that, Commissioner. City ofMiami Page 48 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Commissioner Regalado: Yep. Chairman Teele: I'm almost certain you weren't. Commissioner Regalado: No, I'm sorry. I'm sorry. I -- I'm talking about the next hurricane, not Andrew. In '97. Chairman Teele: '97, not -- Commissioner Regalado: '97. I stand corrected, '97. Chairman Teele: But was a sneak attack. Commissioner Regalado: It was. Chairman Teele: Led by Maurice Ferre. Commissioner Regalado: It was, but my point is that, see, Hadley Park is a recognized polling place. My question was, why it wasn't an early voting site? It has the computer lines. It has everything going on. The City was willing to pay, and we didn't get it. Chairman Teele: I think we need a comprehensive approach. I think your motion does that. The only thing that I would add is that I think we need to develop a strategy and a plan to protect the residents of the City ofMiami. We need to have the Supervisor's office -- the Clerk's office and the Mayor's office -- Manager's office working together, need to have a hot line that residents of the City ofMiami can call on elections problems during the day, but if we don't put the right kind of staffing mix in that, they're going to be calling there and the problems are not going to go anywhere. They've got to get that interface. We've got a problem and I think we need to recognize -- and I don't think we need to be a problem of the next Presidential Election because, folks, I'm telling you, the way this is going and the way the national elections are going right now, and everybody -- Kerry has campaigned saying he's going to have monitors in here and all of that -- Miami's going to be the hotbed again for a national disgrace, in my opinion, if what happened this past Tuesday and the way the media has not even looked at it is any example of where we're going, so we can't even get the precincts straight. The last time I voted, when I went there to vote, she said, "Don't come. The place is closed, " so I didn't vote on Tuesday. The last time I voted, my votes all counted in Commissioner Gonzalez' district. That was when Johnny Winton ran for office, and that's all been within the last year, so we do have problems but it's all being swept under the rug. Commissioner Regalado: I'll tell you something -- Chairman Teele: We have a time certain for 10 a.m. Commissioner Regalado: Yeah. No, but I'll tell you something, one thing, if we don't take care of our issues in the City, the County's not going to fix it because I had a person in my district that got three absentees at the same name, same address. She was sent three absentee ballots, and, of course, she got so scared that didn't vote at all, and there was a County issue, and the reason that she got so many absentees, I guess that the County was interested -- although she's a registered Republican, she got the absentee, so that's -- Chairman Teele: All those in favor of the motion, signify by the sign of "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? City ofMiami Page 49 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 DISTRICT 5 CHAIRMAN ARTHUR E. TEELE, JR City ofAliami Page 50 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 PUBLIC HEARING PH.1 04-00151 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND APPROVING THE PURCHASE OF THE OMNITRAK LATENT STATION, FROM PRINTRAK, A MOTOROLA COMPANY, FOR THE DEPARTMENT OF POLICE, AT AN AMOUNT NOT TO EXCEED $110,000, ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NOS. 690001, 690002 AND 690003, APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE UNITED STATES DEPARTMENT OF JUSTICE AND TREASURY'S, "GUIDE TO EQUITABLE SHARING," AND FLORIDA STATE STATUTE, CHAPTER 932.7055, AS AMENDED. 04-00151-cover memo.pdf 04-00151-memo from purchasing.pdf 04-00151-memo from police.pdf 04-00151-memo from purchasing 2.pdf 04-00151-budgetary analysis form.pdf 04-00151-affidavit. pdf 04-00151-budgetary quotation.pdf 04-00151-printrak product agreement.pdf 04-00151-software license agreement.pdf 04-00151-letters from motorola.pdf 04-00151-series 2000-series 7.pdf 04-00151-contract review and analysis.pdf 04-00151-previous legislation.pdf 04-00151-lease purchaseagreement.pdf 04-00151-letter from law.pdf 04-00151-backup documents.pdf 04-00151-award.pdf 04-00151-public notice memo.pdf 04-00151-public notice .pdf Motion by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0143 Chairman Teele: Mr. Attorney, PH.1, read it into the record. Public -- no, this is a resolution. Requires a four fifths vote. Is there any Commissioner not comfortable with PH.1, relating to the Motorola company for the Police Department? Vice Chairman Sanchez: So move. Chairman Teele: Is there a second? City ofMiami Page 51 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Commissioner Gonzalez: Second. Chairman Teele: Is there discussion? 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. Motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. PH.2 04-00152 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "PLATINUM TRACT," A REPLAT AND A SUBDIVISION IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS OF THE PLAT AND STREET COMMITTEE, SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 04-00152-cover memo.pdf 04-00152-budgetary impact analysis. pdf 04-00152-public notice memo.pdf 04-00152-public notice .pdf 04-00152-public works notice memo.pdf 04-00152-public works notice .pdf 04-00152-exhibits.pdf Motion by Vice Chairman Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0144 Chairman Teele: This is a public hearing regarding PH.2, the Platinum Tract plat. Is there any person coming forward on this item? Yes, ma'am. Vicky Garcia -Toledo: Good morning. Vicky Garcia -Toledo, with offices at 2500 Wachovia Center and representing the property owner. We would like to have support from the Commission in approval for this plat. Chairman Teele: All right. Is there any opposition to this item? The public hearing is closed. Is there a motion? Vice Chairman Sanchez: So move, Mr. Chairman. Commissioner Regalado: Second. Chairman Teele: Is there objection? All in favor, say "aye." City ofMiami Page 52 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 The Commission (Collectively): Aye. PH.3 04-00153 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "SAXON-BAY FRONT SUBDIVISION," A REPLAT AND A SUBDIVISION IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS OF THE PLAT AND STREET COMMITTEE, SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 04-00153-cover memo.pdf 04-00153-budgetary impact analysis. pdf 04-00153-legal description.pdf 04-00153-public notice memo.pdf 04-00153-public notice .pdf 04-00153-public works notice memo.pdf 04-00153-public works notice .pdf 04-00153-exhibits.pdf Motion by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0145 Chairman Teele: PH.3, Saxon -Bay plat. Public hearing. Any person desiring to be heard -- You're representing them too, ma'am? Vicky Garcia -Toledo: Yes, sir. Chairman Teele: On the record, Ms. Garcia is present. The public hearing is closed. Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Commissioner Regalado: I'll move it. I'll move it. Chairman Teele: You have a mover? Priscilla A. Thompson (City Clerk): I'm sorry. Commissioner Regalado: Yeah. I move it. Chairman Teele: It was moved by Commissioner Sanchez. City ofMiami Page 53 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Commissioner Gonzalez: Second. Chairman Teele: Second by Commissioner Gonzalez. Ms. Thompson: Thank you. Chairman Teele: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? City ofMiami Page 54 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 3:00 P.M. PH.4 04-00164 Department of Community Development RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE REVISED CITY OF MIAMI ("CITY") LOCAL HOUSING ASSISTANCE PLAN ("LHAP"), ATTACHED AND INCORPORATED, FOR THE PERIOD OF JULY 1, 2001 THROUGH JUNE 30, 2004, FOR CONTINUED PARTICIPATION OF THE CITY IN THE FLORIDA STATE HOUSING INITIATIVES PARTNERSHIP ("SHIP") PROGRAM; AUTHORIZING THE USE OF THE MAXIMUM SALE PRICE DETERMINED BY THE FLORIDA HOUSING FINANCE CORPORATION'S BOND PROGRAM, CURRENTLY AT AN AMOUNT NOT TO EXCEED $199,117, FOR A NEW HOME AND AN AMOUNT NOT TO EXCEED $173,701, FOR AN EXISTING HOME, FOR THE CITY'S SHIP PROGRAM MAXIMUM SALE PRICE; AUTHORIZING THE CITY MANAGER TO SUBMIT A MODIFIED PLAN FOR REVIEW AND APPROVAL BY THE FLORIDA HOUSING FINANCE CORPORATION; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,TO IMPLEMENT THE TERMS AND CONDITIONS OF THE SHIP AND LHAP PROGRAMS. 04-00164-cover memo.pdf 04-00164-public notice.pdf 04-00164-exhibit- SHIP housing plan.pdf Motion by Commissioner Regalado, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sanchez, Regalado and Teele Absent: 2 - Commissioner Gonzalez and Winton R-04-0152 Chairman Teele: Now, folks, this is a public hearing in which we are in the Community Development process. We have a very limited amount of time. I would ask Commissioners to allow the public to speak before we do anything on this. What's the first item, Madam Director? Barbara Rodriguez (Director, Community Development): PH.4. Barbara Rodriguez, Director of the Department of Community Development. This is to approve the SHIP (State Housing Initiative Partnership) Plan which is already -- it was already approved in April. Chairman Teele: It's a public hearing on Item PH.4. Any person desiring to be heard on the SHIP Plan should come forward. Are there any persons coming forward on the SHIP Plan? There are no persons coming forward. The public hearing is closed. Is there a motion on PH.4? Moved by Commissioner Regalado, seconded by Commissioner Sanchez. Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. PH.5 04-00160 RESOLUTION City ofMiami Page 55 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), APPROVING THE CITY OF MIAMI ("CITY") LOCAL Development HOUSING ASSISTANCE PLAN ("LHAP"), ATTACHED AND INCORPORATED, FOR THE PERIOD OF JULY 1, 2004, THROUGH JUNE 30, 2007, FOR THE CONTINUED PARTICIPATION OF THE CITY IN THE FLORIDA STATE HOUSING INITIATIVES PARTNERSHIP ("SHIP") PROGRAM; CONFIRMING THE USE OF THE MAXIMUM SALE PRICE DETERMINED BY THE FLORIDA HOUSING FINANCE CORPORATION'S BOND PROGRAM, CURRENTLY AT AN AMOUNT NOT TO EXCEED $199,117, FOR A NEW HOME, AND AN AMOUNT NOT TO EXCEED $173,701, FOR AN EXISTING HOME, FOR THE CITY'S SHIP PROGRAM MAXIMUM SALE PRICE; CONFIRMING THAT FIVE PERCENT (5%) OF THE SHIP ALLOCATION PLUS FIVE PERCENT (5%) OF SHIP PROGRAM INCOME IS INSUFFICIENT TO ADEQUATELY PAY THE NECESSARY COSTS OF ADMINISTERING THE LHAP; AUTHORIZING THE USE OF TEN PERCENT (10%) OF THE CITY'S ANNUAL SHIP ALLOCATION PLUS FIVE PERCENT (5%) OF SHIP PROGRAM INCOME TO COVER ADMINISTRATIVE EXPENSES ASSOCIATED WITH THE IMPLEMENTATION OF THE SHIP PROGRAM; AUTHORIZING THE CITY MANAGER TO SUBMIT A PLAN FOR REVIEW AND APPROVAL BY THE FLORIDA HOUSING FINANCE CORPORATION; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE TERMS AND CONDITIONS OF THE SHIP PROGRAM AND THE LHAP. 04-00160-cover memo.pdf 04-00160-publice notice.pdf 04-00160-exhibit-SHIP housing plan.pdf Motion by Vice Chairman Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sanchez, Regalado and Teele Absent: 2 - Commissioner Gonzalez and Winton R-04-0153 Chairman Teele: PH.5. Barbara Rodriguez (Director, Community Development): PH 5 is also the SHIP Plan that will be in effect July 1, 2004 to June 30, 2007. It's identical to the one that you have approved in PH. 4. Chairman Teele: It's a public hearing. Any person desiring to be heard should come forward. No persons are coming forward. The public hearing is closed. Is there a motion? Vice Chairman Sanchez: So move. Chairman Teele: Is there a second, please? Commissioner Regalado: Second. Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 56 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Chairman Teele: All opposed have the same right. The item is unanimously adopted. City ofMiami Page 57 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 PH.6 04-00168 Department of Community Development RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF EMERGENCY SHELTER GRANT ("ESG") FUNDS FOR FISCAL YEAR 2004-2005, IN AN AMOUNT NOT TO EXCEED $359,503, TO THE CITY OF MIAMI ("CITY") HOMELESS PROGRAM, AND AN AMOUNT NOT TO EXCEED $11,119, TO THE DEPARTMENT OF COMMUNITY DEVELOPMENT, FOR THE ADMINISTRATION OF GRANT -RELATED ACTIVITIES, FOR A TOTAL ALLOCATION AMOUNT NOT TO EXCEED $370,622, DIRECTING THE CITY MANAGER TO SUBMIT A MULTI -YEAR WAIVER REQUEST TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO INCREASE THE PERCENTAGE OF ESG FUNDS THAT CAN BE USED FOR DIRECT SERVICES. 04-00168-cover memo.pdf 04-00168-public notice.pdf Motion by Vice Chairman Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sanchez, Regalado and Teele Absent: 2 - Commissioner Gonzalez and Winton PH.7 04-00167 Department of Community Development R-04-0154 Barbara Rodriguez (Director, Community Development): PH.6 is basically the allocation of the 30th year Emergency Shelter Grant Fund, and this will give three percent administration to the Department of Community Development. 97 percent will go to the City ofMiami Homeless Program. Vice Chairman Sanchez: So move. Chairman Teele: This is a public hearing. Any person desiring to be heard should come forward at this time. Are there any persons coming forward? There are no persons coming forward. The public hearing is closed. Moved by Commissioner -- Vice Chairman Sanchez, seconded by -- Commissioner Regalado: Me. Chairman Teele: -- Commissioner Regalado. Is there objection? All those in favor, signify by the sign of "aye." The Commission (Collectively): Aye. Chairman Teele: Those opposed have the same right. The item is unanimously adopted. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE TRANSFER OF GENERAL OBLIGATION BOND ("G.O.B.") FUNDS FROM THE FUND ENTITLED "UDAG 2ND MORTGAGE REPAYMENT," INCLUDING FUNDS IN THE AMOUNT NOT TO EXCEED $391,994.06, FROM ACCOUNT NO. 625004.045999.4.502, FROM THE REPAYMENT OF PRINCIPAL ON AFFORDABLE HOUSING CONSTRUCTION LOANS, AND AN AMOUNT NOT TO EXCEED $36,392.18, FROM ACCOUNT NO. City ofMiami Page 58 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 625004.045999.4.323 FROM INTEREST PAID ON AFFORDABLE HOUSING CONSTRUCTION LOANS, FOR A TOTAL AMOUNT NOT TO EXCEED $428,386.24; ALLOCATING SAID FUNDS TO THE HOUSING LOAN RECOVERY FUND TO PROTECT THE CITY OF MIAMI HOUSING LOAN PORTFOLIO. 04-00167-cover memo.pdf 04-00167-public notice.pdf Motion by Commissioner Regalado, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sanchez, Regalado and Teele Absent: 2 - Commissioner Gonzalez and Winton PH.8 04-00165 Department of Community Development R-04-0155 Barbara Rodriguez (Director, Community Development): PH 7 is requesting approval to use four hundred and twenty-eight thousand, three hundred and eighty-six with twenty-four cents from the General Obligation Bond Account to be transferred to the Housing Loan Recovery Fund for the purpose of protecting the City ofMiami Housing Loan Portfolio. Chairman Teele: What account is that coming from, from the -- Did you say the GO (General Obligation) ? Ms. Rodriguez: Yeah. Chairman Teele: The General Obligation. Ms. Rodriguez: Yes. This was the same account that was used when we paid HUD (Department of Housing and Urban Development), and this is the balance that we have. Chairman Teele: This is a public hearing. Any person desiring to be heard should come forward. Are there any persons coming forward? The public hearing is therefore closed. Is there a motion? Commissioner Regalado: Move it. Vice Chairman Sanchez: Second. Chairman Teele: Is there objection? All those in favor, signify by the sign of "aye." The Commission (Collectively): Aye. Chairman Teele: Those opposed have the same right. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE INCREASE IN THE NUMBER OF MEMBERS OF THE HOUSING AND COMMERCIAL LOAN COMMITTEE ("LOAN COMMITTEE") TO INCLUDE ONE REPRESENTATIVE OF THOSE AREAS OF LABOR ACTIVELY ENGAGED IN HOME BUILDING IN CONNECTION WITH AFFORDABLE HOUSING AND ONE MEMBER WHO ACTIVELY SERVES ON THE LOCAL PLANNING AGENCY TO ALLOW THE LOAN COMMITTEE TO ACT AS THE AFFORDABLE HOUSING ADVISORY COMMITTEE AS REQUIRED BY THE STATE HOUSING INITIATIVE PROGRAM. City ofMiami Page 59 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 04-00165-cover memo.pdf 04-00165-public notice.pdf Motion by Vice Chairman Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sanchez, Regalado and Teele Absent: 2 - Commissioner Gonzalez and Winton PH.9 04-00159 Department of Community Development R-04-0156 Barbara Rodriguez (Director, Community Development): PH 8 is basically amending our Loan Committee to add two additional members. This is a requirement of our SHIP (State Housing Initiatives Partnership) regulation, Florida Statute 420.9076, which requires that we have one member representative from the area of labor actively engaged in home building in connection with affordable housing, and one member who actively serves on the local planning agency. Chairman Teele: This is a public hearing. Any person desiring to be heard should come forward. There are no persons coming forward, therefore the public hearing is closed. This is a very good amendment, I think. Who makes these appointments? Ms. Rodriguez: The Mayor makes the Chairman. The rest of the members is done by the City Manager. Chairman Teele: All right. Is there a motion? Vice Chairman Sanchez: So move. Chairman Teele: Is there a second? Commissioner Regalado: Second. Chairman Teele: All those in favor, signify by the sign of "aye." The Commission (Collectively): Aye. Chairman Teele: Those opposed have the same right. The item is adopted by unanimous vote. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ROLLOVER OF UNEXPENDED FUNDS FROM THE ACCOUNTS OF PREVIOUSLY APPROVED ACTIVITIES/PROJECTS THAT WERE NOT COMPLETED DURING FISCAL YEAR 2002-2003 THAT ENDED SEPTEMBER 30, 2003, TO THE CURRENT FISCAL YEAR 2003-2004; AUTHORIZING THE ALLOCATION FUNDS IN AN AMOUNT NOT TO EXCEED $2,021,590, TO THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, AN AMOUNT NOT TO EXCEED $140,159 TO THE EMERGENCY SHELTER GRANT PROGRAM; AND AN AMOUNT NOT TO EXCEED $425,000, TO THE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO AMEND THE EXISTING AGREEMENTS, WITH SAID City ofMiami Page 60 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 AGENCIES. 04-00159-cover memo.pdf 04-00159-public notice.pdf 04-00159 - exhibit.pdf Motion by Vice Chairman Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton PH.10 04-00192 Department of Community Development R-04-0157 Barbara Rodriguez (Director, Community Development): PH9 is roll-overing contracts that expire September 30th. They are requesting to be extended for an additional year. This will take them till September 30, 2004. There's no additional money. It's just let them spend the money to finish the contract that they were awarded under CDBG (Community Development Block Grant), under ESG (Emergency Shelter Grant), under HOPWA (Housing Opportunities for Persons With AIDS) Funds. Vice Chairman Sanchez: And do you have any assurance that they're going to complete that within a year? Hs. Rodriguez: We're working very close to them, and we feel very comfortable that they are, and that's why we feel that they should get another year at it. Vice Chairman Sanchez: So it's your recommendation that we support them? Hs. Rodriguez: Yes. Vice Chairman Sanchez: So move. Commissioner Regalado: Second. Chairman Teele: Do we have a public hearing on that? All right. This is a public hearing. Any person desiring to be heard should come forward. There are no persons coming forward, and therefore, the public hearing is closed. The motion is made by Vice Chairman Sanchez and seconded by Commissioner Regalado. Is there discussion or objection? If not, all those in favor, signify by the sign of "aye." The Commission (Collectively): Aye. Chairman Teele: Those opposed have the same right. The item is unanimously adopted. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ROLLOVER OF 30TH YEAR PROGRAM FUNDS, COMMENCING OCTOBER 1, 2004, TO THE FUNDS FROM THE CLOSEOUT OF 28TH PROGRAM YEAR AGREEMENTS, IN AN AMOUNT NOT TO EXCEED $805,918, IN COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM FUNDS, IN AN AMOUNT NOT TO EXCEED $2,035,495, IN HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS FUNDS, PLUS AN AMOUNT NOT TO EXCEED $137,390, FROM PREVIOUS YEARS' ALLOCATIONS OF HOME INVESTMENT PARTNERSHIPS FUNDS, AND AN City ofMiami Page 61 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 AMOUNT NOT TO EXCEED $77,708, FROM THE EMERGENCY SHELTER GRANT PROGRAM; AUTHORIZING SAID FUNDS TO BE MADE AVAILABLE FOR ALLOCATION THROUGH THE 2004-2005 REQUEST FOR PROPOSALS ("RFP") PROCESS. 04-00192-cover memo.pdf 04-00192-public notice.pdf 04-00192-exhibits.pdf Motion by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0158 Direction to the City Manager: by Chairman Teele to identify the CDBG public service funds which are being closed or rolled over. Barbara Rodriguez (Director, Community Development): PH.10 is basically closing out the 28th year contract. This is money that was left over. Some are -- the big accounts are basically administration or programs that the City used to run, and it's transferring it to the next year RFP (Request for Proposals) process. Chairman Teele: Is there -- 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. Discussion. Commissioner Gonzalez: Move PH.10. Vice Chairman Sanchez: Second. Chairman Teele: Motion and a second. On discussion, Madam Director, I want to compliment you. You know, we have -- this Commission has sat here, I guess -- what year are we in? Ms. Rodriguez: We're in the 29th year and we're closing the 28th year. Chairman Teele: And I guess for 26 years, we never had formal closeouts, and closing out the grants is a very important step. The one thing that I want to understand, though, is that -- This doesn't indicate if any of the money that was closed out is public service. Ms. Rodriguez: It is, but you don't have none from District 5. You made a motion -- Chairman Teele: No, no, no, I mean even if it were -- Ms. Rodriguez: No, it doesn't. Chairman Teele: -- even if it were, it loses its public service character. Ms. Rodriguez: Correct, correct. Chairman Teele: Is that correct? Ms. Rodriguez: Yes, it is. Chairman Teele: But I really do think that public service dollars that we're losing or that are City ofMiami Page 62 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 PH.11 04-00246 Department of Community Development being closed out, we need to identify them separately -- Hs. Rodriguez: OK, all right. Chairman Teele: -- or somehow, because, I mean, I think we need to know who's not -- Vice Chairman Sanchez: How could we be losing on public service money? Hs. Rodriguez: What happened, when you close the account, it -- you lose its -- the identity of public service. You roll over the money to the next year Request for Proposals, but you cannot use those dollars for public service. Public service is within that year. Chairman Teele: For example, contrary to what the Director said, the Overtown Optimist is being closed out, but they're leaving a balance of two dollars and ninety-eight cents. Hs. Rodriguez: Right. Chairman Teele: So we're losing that. Hs. Rodriguez: That's right. You're right. Chairman Teele: But unlike where most of the money is, is in NET (Neighborhood Enhancement Team), Code Administration -- Hs. Rodriguez: Right. Chairman Teele: -- Code Development, two eighty, one hundred thousand, one -eighty-nine. Hs. Rodriguez: The big ones are Administration and the City accounts. Chairman Teele: All of those are City accounts, and that's where the huge amounts are. Vice Chairman Sanchez: Hey, two dollars and ninety -something cents buys a mouthpiece. Chairman Teele: It buys a mouthpiece, but I really wish we could know, you know -- Hs. Rodriguez: We will do that. Chairman Teele: All right. Is there -- Vice Chairman Sanchez: So move. Chairman Teele: We have a motion and a second by Commissioner Gonzalez and -- and a second. Is there further discussion? If not, all those in favor, signify by the sign of "aye." The Commission (Collectively): Aye. Chairman Teele: Those opposed have the same right. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE ALLOCATION OF 30TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS ("CDBG"), IN AN AMOUNT NOT TO EXCEED $9,928,000, AND 28TH YEAR CLOSE OUTS, IN AN AMOUNT NOT TO EXCEED $1,211,639, FOR A TOTAL ALLOCATION NOT TO EXCEED City ofMiami Page 63 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 $11,139,639, FOR THE 30TH CDBG PROGRAM YEAR BEGINNING OCTOBER 1, 2004. 04-00246-cover memo.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0159 Direction to the City Manager: by Chairman Teele to request the Director of the Community Development Department to meet with Chairman Teele to discuss the Economic Development and the Housing Development components of CDBG funds for District 5. Barbara Rodriguez (Director, Community Development): PH 11 is basically coming up with an approximately (sic) of our general allocation of the 30th year CDBG (Community Development Block Grant) funds. This will be effective October 1, 2004. We will be getting approximately nine million, nine hundred and twenty-eight thousand dollars. We are also going to be putting in a million -two -eleven, -six -thirty-nine. That includes closeouts, so we will be having eleven million, one thirty-nine, six thirty-nine to be allocated the following way: 20 percent administration, one million, nine -eighty-five; Section 108 loan guarantee, a million -one -- Chairman Teele: Who is that loan guarantee for? Ms. Rodriguez: Those, we have two. The Southeast Overtown and the -- Chairman Teele: When does the Parrot Jungle 108 come in? Ms. Rodriguez: We still haven't -- it hasn't been transferred to the City. Chairman Teele: All right. Ms. Rodriguez: Two hundred thousand dollars to the City ofMiami Building Department for unsafe structure. We're going to be putting out an RFP (Request for Proposals) for a million, four -eighty-nine, two hundred under CDBG for public service; three million dollars for economic development; three million, three hundred and sixty-four thousand, eight thirty-nine under housing development. Chairman Teele: Discussion. This is a public hearing. Ms. Rodriguez: Correct. Chairman Teele: Any person desiring to be heard should come forward. I can't believe that more people from the public are not here. This is the time, I mean, you know, that the discussion should be held. Commissioner Regalado: One, Mr. Chairman. Chairman Teele: The public hearing is therefore closed. Commissioner Regalado. Commissioner Regalado: On PH 11, where we basically give you directions and policy, actually isinPH15. Ms. Rodriguez: Right. City ofMiami Page 64 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Commissioner Regalado: But you mentioned -- you mentioned for public service. Ms. Rodriguez: But this is only CDBG. On PH.15, you'll have the other funding. Commissioner Regalado: The other funding. Ms. Rodriguez: Yeah. Commissioner Regalado: OK. Done. Commissioner Gonzalez: Move PH.11. Chairman Teele: Motion on PH.11. Is there a second? Commissioner Regalado: Second. Chairman Teele: Barbara, in terms of the two big categories, which are economic development and housing development, I really would like to sit down and discuss those areas with you. Is this sfrictly by RFP? Ms. Rodriguez: Yes. Right now, it is. Once we come back on June the 8th, then we will decide what RFP were accepted, if we're going to have any pilot projects, et cetera. Chairman Teele: All right. I mean, you see, the housing development is very slow in the district that I represent. I see the largest single amount is in that area. But economic development, we just don't have enough dollars in it, and what I want to make sure is that if there's an allocation by district, we're not doing this stuff based upon sfrictly, you know, how much money each district is doing, but -- because I would rather see more of the money for District 5 go into economic development than housing development at this point in time. Ms. Rodriguez: What we can do, once we get into the housing component, you can transfer whatever you have in housing to economic development. Chairman Teele: But is it broken out by district, per se? Ms. Rodriguez: Public service and economic development, yes; housing, no. Chairman Teele: See, that's what I'm saying. See, hear what I'm saying. The economic development is by district. Ms. Rodriguez: Correct. Chairman Teele: That's fine. OK, I don't have a problem with that, but housing is not by district. Ms. Rodriguez: Right. Chairman Teele: And so we're not going to have -- you know, there's not going to be a lot of equity there. I'd like to see how we could sit down -- Ms. Rodriguez: OK Chairman Teele: I don't want to change the process at this point, but I'm asking my colleagues to understand what's going to happen here. On the housing we're going to -- you know -- you City ofMiami Page 65 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 PH.12 04-00157 Department of Community Development know -- and we need more support in the economic development area so -- Ms. Rodriguez: OK, we will work on it. Chairman Teele: -- without further discussion, is there a motion? Commissioner Regalado: Yes. Move it. Chairman Teele: Is there a second? Commissioner Gonzalez: Second. Vice Chairman Sanchez: Second. Chairman Teele: Is there objection? All those in favor, signify by the sign of "aye." The Commission (Collectively): Aye. Chairman Teele: Those opposed have the same right. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, ALLOCATING HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA") FUNDS, IN A TOTAL AMOUNT NOT TO EXCEED $12,750,495, FOR FISCAL YEAR 2004-2005, SPECIFICALLY, IN AN AMOUNT NOT TO EXCEED $10,179,045, TO THE LONG TERM TENANT BASED HOUSING ASSISTANCE PROGRAM, AN AMOUNT NOT TO EXCEED $950,000, FOR THE EMERGENCY RENTAL, MORTGAGE AND UTILITY ASSISTANCE PROGRAM, AN AMOUNT NOT TO EXCEED $600,000, FOR PROJECT BASED RENTAL SUBSIDY/OPERATIONS PROGRAM, AN AMOUNT NOT TO EXCEED $150,000, FOR HOUSING INFORMATION, REFERRAL AND ADVOCACY PROGRAM, AN AMOUNT NOT TO EXCEED $450,000, FOR HOUSING PROGRAM INSPECTIONS, AN AMOUNT NOT TO EXCEED $100,000, FOR TECHNICAL ASSISTANCE, AND AN AMOUNT NOT TO EXCEED $321,450, TO THE DEPARTMENT OF COMMUNITY DEVELOPMENT FOR THE ADMINISTRATION OF GRANT RELATED ACTIVITIES. 04-00157-cover memo.pdf 04-00157-public notice.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0160 Barbara Rodriguez (Director, Community Development): PH.12 is the 30th year allocation for HOPWA (Housing Opportunities for persons with AIDS). Basically, we're going to be getting an -- approximately ten million, seven hundred and fifteen thousand. We have in closeout two million, thirty-five, four ninety-five for a total of twelve million, seven fifty, four ninety-five. Here, we have how we're going to be -- what we recommend the allocation to be. We have also been -- we did take this to the Miami -Dade HIV -AIDS Partnership. They have -- also support it, City ofMiami Page 66 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 PH.13 04-00193 Department of Community Development so basically, what we're saying is we want ten million, one hundred and seventy-nine, o forty five for long-term housing assistance; nine hundred and fifty thousand dollars for project based rent, for emergency rental of mortgage and utility; six hundred thousand dollars for project based rental; a hundred and fifty thousand for housing information; four hundred and fifty for housing inspection; a hundred thousand dollars for technical assistance and three hundred and twenty-one thousand, four fifty for administration. Chairman Teele: All right. This is a public hearing. Any person desiring to be heard should come forward. Again, there are no people coming forward, and I'll tell you, the fact that we don't have 500 people down here -- Vice Chairman Sanchez: It's incredible. Chairman Teele: -- is a testimony to your professionalism, and we appreciate it. All right. The public hearing is closed. Is there a motion? Commissioner Gonzalez: Move PZ. -- Chairman Teele: 12. Commissioner Gonzalez: -- PH.12. Sorry. Chairman Teele: Is there a second? Commissioner Regalado: Second. Chairman Teele: And these are countywide dollars, not City dollars. These are -- Ms. Rodriguez: It is countywide. Chairman Teele: This is countywide. All right. We have a motion and a second. Is there objection? All those in favor, signify by the sign of "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ADOPTING THE ATTACHED POLICIES RELATED TO THE ECONOMIC DEVELOPMENT CATEGORY OF THE 30TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS. 04-00193-cover memo.pdf 04-00193-public notice.pdf 04-00193-legislation.pdf 04-00193-exh i bit. pdf Motion by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0161 Barbara Rodriguez (Director, Community Development): PH.13 is basically to talk about City ofMiami Page 67 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 PH.14 04-00252 Department of Community Development economic development. This is district driven, and basically, we are going to be putting out a Request for Proposal March 31 st to request proposal for the different types of activity within economic development, so it will be up to -- we're looking for commercial industrial improvement, acquisition, construction, rehabilitation, with commercial facade treatment program, reconstruction, industrial and building installation. We're also going to be looking for assistance to private for profit entities on grants, loan, loan guarantees, interest supplement, so we're basically seeing what they would be bringing in, in the Request for Proposals. Vice Chairman Sanchez: What's the deadline? The deadline? Ms. Rodriguez: Huh? Vice Chairman Sanchez: The deadline. Ms. Rodriguez: They have a month to submit the proposal back, so they're due around the end ofApril. Commissioner Gonzalez: Are the requests out yet? Ms. Rodriguez: March 31 st. Chairman Teele: You know, and again -- Vice Chairman Sanchez: It's important to say that. Chairman Teele: This doesn't talk -- this doesn't speak at all to not -for -profits, does it? Ms. Rodriguez: These are basically not -for -profit agencies that will be submitting proposals on these to help for -profit businesses. Chairman Teele: This is a public hearing. Any person desiring to be heard should come forward. There are no persons coming forward, and therefore, the public hearing is closed. Vice Chairman Sanchez: So move. Commissioner Gonzalez: Second. Chairman Teele: Moved and seconded. Is there objection? All those in favor, signify by the sign of "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF 30TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM FUNDS, IN THE AMOUNT NOT TO EXCEED $500,000, TO DISTRICT 4 HOUSING PILOT PROJECT FOR THE DEVELOPMENT OF AFFORDABLE HOUSING; AND ADOPTING POLICIES RELATED TO THE ALLOCATION OF CDBG, STATE HOUSING INITIATIVE PARTNERSHIP AND HOME INVESTMENT PARTNERSHIPS FUNDS FOR AFFORDABLE HOUSING IN THE 30TH PROGRAM YEAR, COMMENCING ON OCTOBER 1, 2004, City ofMiami Page 68 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 ATTACHED AND INCORPORATED. 04-00252-cover memo.pdf 04-00252-public notice.pdf 04-00252-exh ibit. pdf DEFERRED A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and passed unanimously, with Commissioner Winton absent, to DEFER item PH 14 to the next Commission meeting. Barbara Rodriguez (Director, Community Development): PH 14 is basically CDBG (Community Development Block Grant), HOME (Home Investment Partnership Program) and SHIP (State Housing Initiative Partnership Program) program housing development policies and Disfrict 4 pilot project allocation. Chairman Teele: It's about time. Ms. Rodriguez: District 4 last year was awarded five hundred thousand dollars with a three-year commitment. This would be the second year of commitment. Commissioner Regalado: Yeah, but tell them that we didn't use it. Ms. Rodriguez: This year, we did put it out and unfortunately -- Vice Chairman Sanchez: Good. You got a million now. Commissioner Regalado: Huh? Ms. Rodriguez: -- the developer's coming back. Vice Chairman Sanchez: Good. You got a million now. Ms. Rodriguez: So we did have a meeting with Commissioner Regalado, and we're going to be looking into doing some scattered sites and infill program throughout and other types of program in his district. Chairman Teele: The fact that he didn't use it is not a good thing. Ms. Rodriguez: I know. Commissioner Regalado: I know. It's not a good thing. Vice Chairman Sanchez: It's not a good thing. Commissioner Regalado: There were not -- no takers. Ms. Rodriguez: On the back, we're also asking for housing development policies, and number one, Disfrict 4, this is the second year of a three-year commitment. We do -- we're looking to acquisition of land for scattered sites of affordable home development. On reference to eligible housing development, we're going to be doing the same thing, 75 percent homeowners, 25 percent rental. We're looking for new construction. There's also the RFP (Request for Proposals) for housing program management support that Commissioner Gonzalez had been looking at. On Request for Proposal criterias, number one, the applicant must be in compliance with OMB-133. The applicant must be in good standing with the City, cannot owe money to the City. All City monitoring and/or audit finance must be dealt with. The proposal must rate 75. City ofMiami Page 69 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Construction must begin within six months or have the project completed within 30 months. If it's CDBG, the agency must be a community based development corporation. For housing program management support, we do -- we are looking for non profits again. However, there is a maximum per project, a hundred and fifty thousand dollars per project, and we're looking -- on the housing development application fee, we are requesting a one percent application fee from for -profit developers that will not be refundable if they decide later on not to use our dollars. Developer fees will be accepted as the State has approved it. 16 percent, cannot exceed 16 percent. First -- Chairman Teele: Now, is this limited to Disfrict 4? Ms. Rodriguez: No, no, no. This is -- Disfrict 4 is going to be land acquisition to do scattered sites, five hundred thousand dollars, second commitment of three years. The rest will be citywide. Chairman Teele: We need that portion of the Manager's memo that lays all this out. Ms. Rodriguez: Where do you want me to start? On the back, it says 30th year housing development policy attachment. The first one was District 4 housing pilot project. Later on, we go into the eligible housing development programs, the Request for Proposal criteria on eligibility, housing program management support program. Chairman Teele: Well, I'll tell you this -- my book is not right, so I'm not going to hold this up. If the rest of the Commission -- would you -- Ms. Rodriguez: I do need to make one change. There is on the issue of the sales price, the State has just increased the new -- the sales price, and I want a change on the record to a hundred and ninety-nine thousand, one hundred and seventeen dollars for new homes; a hundred and seventy-three thousand, seven-o-one for existing homes, and that's the only change that I would like to make on the floor. Chairman Teele: Up from what? One fifty? Ms. Rodriguez: It was one forty -- Vice Chairman Sanchez: Something. Chairman Teele: That's a huge jump. Ms. Rodriguez: -- a hundred and fifty-eight thousand, eight fifty-five. It went up to one ninety-nine -- one ninety-nine, one seventeen, and for existing structure, it went ftom one hundred and forty-eight thousand, four sixty-six to a hundred and seventy-three thousand, seven-o-one. Chairman Teele: Well, if Commissioner Winton were here, I think he'd have a lot to say about this, because, I mean, there's -- I don't see any justification for this kind of jump, based upon the fact that we've been able to meet the market, other than the fact this is going to make some of the developers now -- I mean, this sounds to me like a big development company deal beginning to come in. This is not your -- Ms. Rodriguez: The problem is that regardless what the sales price is, the client has to be eligible in the underwriting to have a housing/debt ratio of 30 percent with a total debt ratio of 45 percent, and I think that's where, you know, you will see that you will not be able to have some -- City ofMiami Page 70 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 PH.15 04-00247 Department of Community Development Chairman Teele: We've not been able to use the SHIP money in our -- Ms. Rodriguez: Yes, but we have -- Chairman Teele: That's what I'm saying, it's so going from a hundred and fifty-eight thousand to Ms. Rodriguez: Yeah, but we've been using it for single-family rehab. Chairman Teele: I thought we were using it for second mortgages. Ms. Rodriguez: We -- most of our money, 90 percent in the past had been used for the single-family program that we run. Chairman Teele: Well, I would like to bring this item back up when Commissioner Winton is here. I just have -- Ms. Rodriguez: I can bring it back on the next Commission meeting. Chairman Teele: -- because I just don't see why we would just immediately go for -- Vice Chairman Sanchez: Second for deferral. Chairman Teele: -- to defer this item to the next meeting. All right. Motion to defer is in order. Commissioner Regalado: Move it. Chairman Teele: Moved by Commissioner Sanchez and seconded by Commissioner Regalado. Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ADOPTING THE ATTACHED POLICIES RELATED TO THE ALLOCATION OF 30TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM FUNDS IN THE PUBLIC SERVICES CATEGORY. 04-00247-cover memo.pdf 04-00247-exh i bit. pdf Motion by Vice Chairman Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sanchez, Regalado and Teele Absent: 2 - Commissioner Gonzalez and Winton R-04-0162 Direction to the City Manager: by Commissioner Regalado to review the Hispanic Ballet's application for Manuel Artime. Barbara Rodriguez (Director, Community Development): PH.15 is public service policy. Here, we're putting a million, four eighty-nine, two hundred from CDBG (Community Development City ofMiami Page 71 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Block Grant). We're putting a hundred and fifty thousand from the transit portion of Miami -Dade County People's Transportation Plan. Commissioner Regalado: Barbara, excuse me. A hundred and fifty thousand or three hundred thousand? Alicia Cuervo Schreiber (Chief of Operations): Good afternoon, Commissioners. Alicia Cuervo Schreiber, representing the Transportation Division. The People's Transportation Plan does allow for transit uses and transit functions, and we had originally funded a hundred and fifty thousand dollars towards this effort. After several meetings with the Commissioners and it became apparent that we may lose this program, staff worked together, and as a temporary measure, while we continue to seek funding, we are moving forward with the possibility of putting an additional hundred and fifty thousand dollars towards that program, with the understanding that they -- that may not meet the County's category for this, and we would have to -- I'm sorry. Commissioner Regalado: Let me tell you this, Alicia. Last year, when we were short, we went to the County, and Commissioner Bruno Barreiro and Commissioner Rebecca Sosa, they all fried, because they serve -- and Commissioner Jimmy Morales -- they serve the same people that we serve, and they got the same complaints that we did. They went out of their way to find some of the money. At the end of the day, the City had to come up -- but some transportation agency had some money from the County. I think that although this may be written in the ordinance and all that, if we seek the support of the transportation -- the Citizens Independent Transportation Panel -- we have people that sit on the panel that live in the City ofMiami, know exactly what we're talking about. Colonel Colmenares (phonetic), Henry Givens, John Costro, the Chairperson, that we can convey to them this situation. It's easier for the County Commissioners to fry to get this additional funding approved than for them to come up with the money, because I really believe that this year, at least this Commissioner, and I'm sure that this Commission is not going to take the brunt of having hundreds of people -- Commissioner Teele was saying no one is here. Wait until they find out that we have a problem. They will be here. Last year, we were unfair to Commissioner Joe Sanchez, because he had to come up with the whole pot of money in his district -- Vice Chairman Sanchez: Citywide. Commissioner Regalado: -- for transportation, and it was citywide, and, you know, I think that we all have to pull this boat. I think that we all have to share. It's unfair to him, or to Angel, or to Commissioner Teele, to anybody, because, you know, the need is there. The poor people are not going to go away. We can build the best buildings in the world, but still, we're going to have the people and we're going to have waiting lists. I just want to make sure that the additional hundred fifty thousand dollars is there, because you said, "We're studying the possibility." Ms. Cuervo Schreiber: No, Commissioner, I apologize. We are placing it in the budget for this year. Commissioner Regalado: Oh, OK. Ms. Cuervo Schreiber: We will continue to look for alternate funding to replace it if possible, and to understand that next year, that might not be there for that. Commissioner Regalado: We all understand that, but last year, we had to call on the Mayor for his poverty fund. This year, we have to look into that. Maybe -- maybe next year, we can raise the tolls in the expressway for this, but that's not the point. Vice Chairman Sanchez: Well, I won't be supporting that. City ofMiami Page 72 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Ms. Cuervo Schreiber: I believe we're looking for changes in legislation at the State level. Commissioner Regalado: We don't own the tolls. They do, but anyway, if we don't get legislation -- that will be next year, but it's important, first of all, that we start working with the Independent Trust -- Transportation Trust. Chairman Costro used to represent Little Havana. He knows exactly what we're talking about. Colonel Colmenares, another member, lives in the Roads section, and he understands, and Henry Givens understands perfectly the need for this area, and I can go on and on. I know several of the members, so we just need to start working with them, advising, but explaining the seriousness of the situation. Ms. Cuervo Schreiber: Thank you, Commissioner. Chairman Teele: All right. Commissioner Regalado: And the other issue on this -- Chairman Teele: Before you do, could we do the public hearing and then have the discussion, please? Commissioner Regalado: Sure. Chairman Teele: OK, because we have a time problem with -- the interpreter leaves in about eight minutes. All right. This is a public hearing. Any person desiring to be heard should come forward on this item at this time. Were you waiting for her to say something? Terri Carvalho: Well, yeah. Chairman Teele: Why don't you go ahead and put your name and address. Ms. Carvalho: My name is Terri Carvalho. I'm with the Regis House, 2010 Northwest 7th Street. I'm just here to find out the priorities for this year's CDBG funding in public service for the districts, and I think that's what a majority that's here -- well, the three of us that are here are looking at. Vice Chairman Sanchez: Did you -- you attended our meetings. Commissioner Regalado: I can tell you my priorities. Vice Chairman Sanchez: Elderly and child care. Chairman Teele: Hold on, just one minute. Are there any other persons from the community that want to be heard? Vice Chairman Sanchez: They were at the meetings. Helena del Monte: Helena del Monte, resident of the City ofMiami, and Director of Programs for Adults with Developmental Disabilities. I do not want to speak about my agency. Again, I want to speak about -- and I was at every meeting, and again, my voice was heard at every meeting. I just want to again say that I understand the limited dollars, but I do want to go on record saying that the needs for persons with disabilities -- with developmental disabilities -- that is with mental retardation continues to grow, and it continues to grow simultaneous to poverty. Why? Because in a world where medical advances are so tremendous, at the same time, substance abuse continues to flourish and poverty continues to flourish, and with that, more persons continue be born with developmental disabilities, so again, as always, I urge this City ofMiami Page 73 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Commission to reserve some funds for this very needed part of our society. Thank you very much. Chairman Teele: All right. Thank you, ma'am. Elisa Juara: Elisa Juara, Nutrition Director for the Little Havana Activities and Nutrition Centers of Dade County, Inc. I'm here to state the need of -- there's a lot of people in waiting lists, and we have a need for the home delivery meals and other services that we provide at the centers. I understand there are hard times, butt just want to state for the record that there's a need, and if this year we don't have the Mayor's initiative, we're going to have a problem, so it's good that Commission -- all of the Commissioners here, and I thank you that you are looking at the problem and trying to get more funding. Thank you very much. Chairman Teele: All right. Are there any other persons that would like to be heard? If not, the public hearing is closed. Before we get into this, I think we all recognize what Commissioner Regalado just said about the unfairness of last year's process, particularly as it related to Commissioner's -- Vice Chairman Sanchez' area, and also as it related to some of these truly citywide -- you know, everybody says they're citywide when it was citywide, but there are some truly citywide things. Now, one of the things we said we were going to do last year was we were going to take off the top a percentage of money for citywide activities, limited to a very narrow category. That's what we said. The developmental handicapped areas -- and there was one other area, wasn't it? Things like the -- what was the other area that we had the big problem with last year that was citywide? Wasn't there some organization that was providing transportation? Commissioner Gonzalez: Transportation. Ms. Rodriguez: That was the -- one of the biggest issues was transportation. There was an agency that was going to stop doing District 2. Chairman Teele: But why can't we -- Commissioner Regalado: It was transportation. The main problem was -- Chairman Teele: But why can't we take the transportation money and rather than dividing it to the base equally among the districts, why don't we take that money or a percentage of that money and make it citywide? Ms. Rodriguez: We're going to do the three hundred thousand -- Commissioner Regalado: It's citywide. Ms. Rodriguez: -- citywide. Commissioner Regalado: The three hundred thousand is citywide, because -- Chairman Teele: Where is that in here? Ms. Rodriguez: The three hundred thousand that Commissioner Regalado -- there's two things. One is the -- well, we had a hundred and fifty thousand, which we'll be changing to three hundred thousand from the transit portion ofMiami-Dade County People's Transportation Plan, plus there's twenty-five thousand dollars that Commissioner Regalado transferred from his campaign account -- Commissioner Regalado: Yes, yes, but -- City ofMiami Page 74 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Ms. Rodriguez: -- discretionary dollars. Commissioner Regalado: But one second. This twenty-five thousand dollars -- Ms. Rodriguez: Right. Commissioner Regalado: -- will be kept out of the pot. It was my -- Chairman Teele: It hasn't been added to the pot, has it? Commissioner Regalado: It's not been -- should not be added to the pot. It would be ready the day that the Commissioners -- Ms. Rodriguez: Oh, OK. Commissioner Regalado: -- decide, and then the Commissioner will say, well, I'm adding two thousand dollars here, one thousand dollars -- out of my five thousand dollars. Vice Chairman Sanchez: Right. Chairman Teele: But has it been added to the pot here or not? That's what I -- Ms. Rodriguez: Yes, I was adding it to the pot here. Commissioner Regalado: No. Ms. Rodriguez: I was saying a million, four eighty-nine, two hundred; a hundred and fifty and twenty-five, so what I'm going to do now is increase from one fifty to three hundred, and take away the twenty-five of Commissioner Regalado's campaign account. Commissioner Regalado: And the twenty-five thousand is for -- Ms. Rodriguez: To the discretion -- Commissioner Regalado: -- in the floor. Whatever Commissioner has one thousand here, one thousand there, five thousand, it's over, it's over. Ms. Rodriguez: OK Chairman Teele: But the three hundred thousand has not been added to the pot, has it? Ms. Rodriguez: Right here, yes. Commissioner Regalado: Yes. Chairman Teele: Well, I would recommend -- Ms. Rodriguez: But it was going to be a citywide transportation program. Chairman Teele: But where is that in the plan here? I didn't see it. I'm -- Ms. Rodriguez: Hold on. Maybe I missed it. Hold on. Chairman Teele: I'm slow today. City ofMiami Page 75 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Commissioner Gonzalez: It's under the -- on the background. Ms. Rodriguez: No, I put it in the -- no, butt see what you say -- that I included it as the whole pot, and what you're saying is take it off from the top. Chairman Teele: It needs to be off the top -- Ms. Rodriguez: OK Chairman Teele: -- because it's really not available, because what it's going to do is askew everybody's expectations of the disfrict, and that money is not available for the districts. Ms. Rodriguez: OK All right. Chairman Teele: Now, does this address the issue last year of Commissioner Sanchez' area where he funded an agency that happened to be in his area but it was -- Vice Chairman Sanchez: Mr. Chairman. Chairman Teele: Yes. Vice Chairman Sanchez: Mr. Chairman, ifI may, and I really appreciate Commissioner Regalado and yourself remembering the sacrifice that I made, because I took so much heat. You would not believe the heat that I took, and I had to take it like a man, based that it wasn't -- you know, it was out of our control. We're faced with the cuts that puts us in a very awkward situation, and the reason why I did it was -- and I didn't blame anybody. I didn't point the finger at anybody. Because of the reductions that we were forced with, each Commissioner had to fend for their disfrict. In other words, the ones that were providing outside of their districts for whatever commitment it was, whether it was commitment from prior election, or because they believed in the organization, they had to hold back and take care of their own. Therefore, when some of the Commissioners did that, leaving me with a void that I was not able to fulfill with the reductions that we took, so what we're doing here -- and to get to that point, I assume, which at the end of the day, ifI was going to take those funds and spread them out, there wasn't going to be any transportation, period, citywide, because nobody wanted to fund transportation. There was no transportation. Knowing that, I attempted to provide it citywide, and I stated it very clearly on the record, I'm willing to take the bullet, because I feel that we need to provide transportation for our sick, for our elderly. For whatever reasons that we may need, we need to provide fransportation, but here's the thing. We must prepare ourselves for the storm, and it is coming. That storm is coming, so we must prepare ourselves for it, and what I hear today is that maybe we do have the three hundred thousand dollars and maybe we don't, so we need to have Plan "A," "B" and "C" in action to assure that we do address the needs if we fall short of not having the funds available. One thing that I want to state very clearly, and we need to be focusing on this, Mr. Chairman -- and please pay attention to this -- is that we need to make sure that we don't get organizations coming out of the woodwork now to provide fransportation. OK? Because you're going to -- wherever there's funds, people will show up and say they qualify for those funds, so we need to be very careful, and I ask this legislative, which I am privileged to work with, to keep in mind the sacrifices that I made for the fransportation citywide -- citywide -- not for my district, and you remember there was a problem with Commissioner Johnny Winton and I assume that we took care of it -- Ms. Rodriguez: Right. Vice Chairman Sanchez: -- and really, it was just miscommunication, because they had to fire people, and the mistake they made is, you know, I'm a nice person. I'm going to terminate you, City ofMiami Page 76 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 but you could work for two weeks. Guess what happened? You're not going to have friendly people working at these places when someone calls to have picked up, to get picked up, and the person goes, well, thanks to you, Commissioner, who didn't fund it, you know, I don't have a job, and you're not going to have fransportation because of your Commissioner. We took care of that. It was a miscommunication, and all it was is just getting all the parties together to work it out. That situation I don't think we'll have again, but we need to have into consideration a plan of action in case we don't have the three hundred thousand dollars, Plan `B, " whether it be once again the Mayor coming forth with a poverty initiative to make sure that we're able to fund, because, let me tell you, I state it again, I took the heat, and I took it big, and I took it like a man, and I took the beating, and they crucified me in radio, and they crucified me in the community, but you know what? I said, hey, I have a responsibility and the opportunity was there. I just couldn't turn my back on transportation citywide, so I'm glad that you take into consideration whatl did last year, and I ask that you support me this year to make sure that we do whatever it takes, so at least District 3 isn't left out, at least, on the public service aspect of it. Thank you. Chairman Teele: Got it. Commissioner Regalado: I think that we should not worry about phantom organizations coming and asking for transportation. Basically, what we get always is the administration recommendations, you know, and -- Chairman Teele: Yeah, but think Commissioner Sanchez -- Commissioner Regalado: No, I understand what he's saying. Chairman Teele: I think we ought to add a proviso on the RFP, some kind of language that you must have had a history of providing -- Commissioner Regalado: Absolutely, absolutely -- Chairman Teele: -- as a specific proviso -- Commissioner Regalado: -- because if not, we will be back to the same situation. Chairman Teele: -- a history of providing this service, demonstrating a history within the City of Miami for previous years or something like that, that captures what he says, because he's 100 percent right. Everybody will start saying, we're doing -- we've providing fransportation. Ms. Rodriguez: I did include something, because I went around and I got it, and I do write here that as part of some of the RFP criteria is that funding recommendation for any agency not previously funded by the City will not exceed the agency's verifiable performance with another major funding source, and if they are a City -- an agency that we do fund that they get funded at the highest level that they've been able to perform. Chairman Teele: Over what period of time? Over a year, two years or what? Ms. Rodriguez: Well, here, I say one year. Chairman Teele: Why don't we say two years? Ms. Rodriguez: OK Chairman Teele: Would you just read into the record, since the question came from the public by district what the priorities are? City ofMiami Page 77 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Ms. Rodriguez: OK Chairman Teele: Starting with District 1 and let the Disfrict Commissioner at least -- Ms. Rodriguez: Decides or -- OK District 1, elderly service and activities, childcare, programs for persons with disability. Commissioner Gonzalez: Andl would like to add that, you know, the City ofMiami is taking another cut this year, so, you know, you all have to be aware that it's not the City ofMiami, and you've got to -- you know, you've got to tell your clients that it's not because of the Commissioners that sit in the City ofMiami Board, or the Mayor of the City ofMiami or the Manager of the City ofMiami. This is coming down from Washington, and it's going to get very critical, because we're not only getting a cut on funding from CDBG, they are talking about cutting funds for Section 8. You know what that means? That we're going to have more demand on public housing. That's why I say that my criteria is that at one point, if we cannot provide meals to the seniors, but we can provide them housing, we are helping them, because any retired senior will get -- gets an average of five hundred dollars a month on their check, and in many instances, they pay five hundred dollars rent, so they end up without a penny, and they have to be begging or frying to find -- or going to these centers to have one meal a day. Now, when we support housing for these people on a 202 program, these same seniors pay a hundred and twenty-eight dollars or a hundred and twenty dollars a month rent. That means that we're freeing three hundred and eighty dollars that they can eat with that money, and they don't depend on the food money, so, you know, it's going to get worse. It's getting serious. We're going to have a lot of demand for people that need to eat, senior citizens. We have daycares that we have to take care of and we're going to have a lot of problems with public housing, lots, lots of problems, so it's not looking good. Chairman Teele: District 2 priorities. Ms. Rodriguez: Job training and placement, childcare, substance abuse services, programs for the developmentally disabled. Disfrict 3, open to all facets of public service. District 4, open to all facets of public service. District 5, after -school programs, elderly services and activities, programs for ex -offenders and persons with disability. Chairman Teele: Ma'am, the Number 2 is partnership with the City Parks -- not elderly services and activities, but partnership in -- with City parks, and I would like to note that a person may apply in any facet of public services. They may apply, but these are the priorities. I didn't ever see the priorities as a bar to somebody applying, and the last year, the staff interpreted that you can't apply. Candidly, I think it's a -- candidly, I think from the federal regulations, you can't bar someone from applying for funds. Ms. Rodriguez: No, you can apply. Chairman Teele: Well, if you don't evaluate them -- and that's what happened -- if you don't evaluate them, you are barring them, and I think we need to be very careful that no matter what somebody does that they apply, you know, you all don't have to recommend it -- Ms. Rodriguez: Right. Chairman Teele: -- but you have to give them the same due process, I think, so I would like to make sure that not only do they apply, but they are rated and, you know -- Ms. Rodriguez: And recommended. Chairman Teele: But these are the priorities, and we're asking that you all would consider that City ofMiami Page 78 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 in making your recommendations. Are there any other discussions on the priorities? Does that answer the comments of the public regarding -- thank you. You all are satisfied. Vice Chairman Sanchez: The motion will include an amendment to include the clause that they must have provided certain transportation for the past -- two years? Ms. Rodriguez: No, two years. We had here one year and the Commissioner had requested to increase it to two years. Vice Chairman Sanchez: Oh, OK Commissioner Regalado: One other thing. Chairman Teele: We have a motion by Commissioner Sanchez, a second by Commissioner Regalado. Further discussion and amendments? Commissioner Regalado: Within the framework of social services, the Artime issue was resolved. I am asking that the administration look into the issue of Hispanic ballet. They are providing classes for community related groups in the area, and they were disqualified, because they didn't respond exactly to -- or timely. I don't understand -- I don't know exactly. Ms. Rodriguez: The last time that we discussed Manuel Artime for the one-year moratorium, it is correct that the information had not been provided, and what you're requesting is that the City bring back Hispanic ballet. Commissioner Regalado: Exactly. Vice Chairman Sanchez: As long as they fill out the paperwork. Commissioner Regalado: As long as they do the -- Ms. Rodriguez: We will work with the Department of Real Estate and Economic. They handle the rent for Manuel Artime and we will come back. Chairman Teele: All right. Commissioner Regalado: And the other issue is in the hands of the City Attorney, the other case? Ms. Rodriguez: Yes, it is. Commissioner Regalado: OK. Chairman Teele: Further discussion on this item as amended. Make sure that when you say partnership in parks with a note and public activities in the Little Haiti area, Little Haiti because -- Ms. Rodriguez: We will. Chairman Teele: -- the lack thereof. I don't want to get into that. All right, as amended all in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? Now, what are all these other folks here for? City ofMiami Page 79 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Vice Chairman Sanchez: Mr. Chairman, can we get rid of -- Commissioner Regalado: PZ -- Ms. Rodriguez: Thank you very much. City ofMiami Page 80 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 ORDINANCES - SECOND READING SR.1 04-00052 ORDINANCE Second Reading City Attorney AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ARTICLE X, SECTION 2-817 (h)(3)(ii) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION, CODE ENFORCEMENT, ADMINISTRATIVE COSTS, FINES; LIENS," TO ADD PROVISIONS THAT PERMIT THE CITY MANAGER TO AUTHORIZE A SUBORDINATE LIEN POSITION ON LOANS FOR THE FINANCE OR REFINANCE OF CONSTRUCTION IMPROVEMENTS ON PROPERTIES USED FOR THE DEVELOPMENT OF AFFORDABLE HOUSING PROJECTS; AND TO DELETE PROVISIONS THAT PERMITTED LIEN(S) RELEASED PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY OF AFFORDABLE HOUSING PROJECTS BY THE CITY MANAGER TO BE REINSTATED; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 04-00052-cover memo.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton 12500 Chairman Teele: Second reading, SR.]. Mr. Attorney, read the ordinance into the record. SR.1. Vice Chairman Sanchez: SR.]. Chairman Teele: Second Reading Number 1. The Ordinance was read by title into the public record by the City Attorney. Chairman Teele: This is a public hearing. Any person desiring to be heard should come forward. Are there any persons coming forward? The public hearing is closed. Is there a motion? Commissioner Gonzalez: Move, for discussion. Chairman Teele: Is there a second? Commissioner Regalado: Second. Vice Chairman Sanchez: Second. Chairman Teele: All right. Discussion. Who's -- come on, staff. Who's the person -- who's the expert on this? Is this Community Development or is this -- Commissioner Gonzalez: This should be -- City ofMiami Page 81 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Chairman Teele: -- the Law Department or who? Commissioner Gonzalez: This should be Community Development. Chairman Teele: All right. Come on, Madam Director. Don't be so shy with us. We want to get out of here tonight, before 6 o'clock. Barbara Rodriguez (Director, Community Development): All of Community Development are at 3 o'clock. They're time certain. Chairman Teele: I said we want to get out of here before 6. Ms. Rodriguez: We will. Chairman Teele: Well, we've got zoning issues, too. All right. Answer this question: What are we doing here on this, Madam Director? Ms. Rodriguez: On which one? Chairman Teele: The one you're here on. Commissioner Regalado: She doesn't know. She doesn't know. Ms. Rodriguez: No. He -- I was talking to the Commissioner. Tell me. Vice Chairman Sanchez: No, exactly. I don't know what we were talking about either. Chairman Teele: This is special -- Second Reading Number 2. What we're talking about is a provision to permit the City Manager to authorize a subordinate lien position for loans -- Ms. Rodriguez: That was the Law Department, butt will clarify -- Chairman Teele: Well, you gave me a legal opinion yesterday, so -- Ms. Rodriguez: There you go. I'm getting good at it. Commissioner Gonzalez: But this is related to affordable housing, right? Ms. Rodriguez: Basically, this was an item that came to the City Commission approximately two months ago, and they were looking to have releases of liens. We put in, on the first reading, that we would release liens when the house was built. Some of the developers had an issue with it. We went back, studied it with the Law Department, and we agreed that we would subordinate our position to let them get construction lending, and that's basically what this second reading ordinance does. Commissioner Gonzalez: So, actually, before they could not get the loans to build? Ms. Rodriguez: Correct. Their issue was -- Commissioner Gonzalez: Because of liens. Ms. Rodriguez: Because of liens. Now, what we're saying is, we will subordinate to a second position -- Commissioner Gonzalez: OK City ofMiami Page 82 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Ms. Rodriguez: -- wait until you finish building, make sure that it is in affordable housing, then we will waive the liens. Vice Chairman Sanchez: OK. Commissioner Gonzalez: OK When you say make sure that it is an affordable housing, what do you mean, make sure that it is an affordable housing? That it's sold to moderate and low-income people or -- Ms. Rodriguez: Correct. Commissioner Gonzalez: All right. OK. Thank you. OK, Mr. Chairman, I'm done. Vice Chairman Sanchez: All right. So is it a public hearing? Chairman Teele: This is a public hearing. There were no persons coming forward. We have a motion and a second already. Madam Clerk, call the roll. Priscilla A. Thompson (City Clerk): The ordinance is adopted on second reading, 4/0. SR.2 04-00210 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION REPEALING SECTION 54-6.1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PARADE AND ASSEMBLY PROHIBITIONS" THAT ESTABLISHED REASONABLE TIME, PLACE AND MANNER REGULATIONS CONCERNING MATERIALS AND OBJECTS THAT MAY BE POSSESSED, CARRIED OR USED BY THOSE PARTICIPATING IN PARADES AND PUBLIC ASSEMBLIES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 04-00210-cover memo.pdf 04-00210-legislation.pdf Motion by Commissioner Regalado, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton 12501 Direction to the Administration by Chairman Teele to prepare an appropriate proclamation to be presented at the next Commission Meeting to Lida Rodriguez-Tassef, who is retiring as the President of the American Civil Liberties Union (ACLU). Direction to the City Attorney by Commissioner Regalado to draftfor consideration later this afternoon, an ordinance establishing simple rules and regulations relating to code violations and demonstrations and parades, in order to prevent the City from being absent of any demonstration regulations; Vice Chairman Sanchez further requested that the ordinance be a well-defined ordinance outlining all city regulations pertaining to individuals who wish to seek permits to be able to demonstrate in the City; further stating that said ordinance be drafted in a manner wherein the regulations apply to all groups equally. City ofMiami Page 83 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Chairman Teele: SR.2. Alejandro Vilarello (City Attorney): Read the ordinance. The Ordinance was read by title into the public record by the City Attorney. Chairman Teele: All right. Now, this item is also related to Discussion Item Number 2, I would suppose. Mr. Vilarello: Yes, sir. Chairman Teele: Was that right? Mr. Vilarello: Discussion Item Number 2 is an item that I have requested be placed on the agenda, related to a litigation that we're involved with that challenged, not the ordinance that you're currently repealing -- Chairman Teele: Not this one. All right. Well, let's don't commingle them. This is a public hearing. Any person desiring to be heard should come forward. There are no persons coming forward. I saw in the -- recently that Linda is going to retire as president of the ACLU (American Civil Liberties Union). Commissioner Regalado: Yeah. Mr. Vilarello: Yes. Commissioner Regalado: Next Sunday. Vice Chairman Sanchez: That was in the paper today. Chairman Teele: Well, I would like to at least give her some type of -- Vice Chairman Sanchez: Recognition? Commissioner Regalado: Leave -- Chairman Teele: -- recognition at the next meeting. I mean, I think, you know, a part of -- Vice Chairman Sanchez: She deserves it. Chairman Teele: She deserves it. She did a tremendous job with the CIP, the Civilian Independent Panel discussion, and I think, you know, she's made an important contribution to the debate is as well as I could say it, so, Madam Protocol Director, would you make sure that in the next meeting, we have this on the agenda to do some honoring of her? She's not here? That's good, so let's go -- Vice Chairman Sanchez: Mr. Chairman, on CR.2 (sic), on that discussion, the repeal of this, you know, if we repeal -- and I'm leaning to supporting the repeal -- with the other law that's on the book, according to the statements made by the judge, I mean, we find ourselves in a situation where we might end up -- what's the word I'm looking for, Mr. Attorney? Commissioner Regalado: Without a law. Mr. Vilarello: An absence of regulations. City ofMiami Page 84 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Vice Chairman Sanchez: There you go. That's the legal term, so that's the concern that I have with that. I think we need to address this. I mean, repealing it is fine, but then we find ourselves that we don't have any valid laws on the book that protect our interests. Commissioner Regalado: Mr. Chairman. Chairman Teele: Commissioner Regalado, you're the author of this ordinance, right? Commissioner Regalado: Yes, sir. Chairman Teele: OK, so you're recognized. Commissioner Regalado: I think, first, it's important that we address what Commissioner Sanchez -- Vice Chairman Sanchez has said, and I think it's very simple. I think that we can vote on these to repeal what most of us reluctantly approved last year, and ask the City Attorney to bring, this afternoon, a simple, you know, regulations code for permits of parade without no problem, and then we can use that to prevent from the City to get with an absence of regulation because the judge may rule, and by the way, what the judge said, if somebody wants a permit, they got to get a permit and that's basically, right? But my question is, who determines when and how; is it the judge, the group or the City? Mr. Vilarello: At this point in time, the City would continue to determine reasonable time, place and manner regulations, and anyone wishing to demonstrate would have to apply for a permit. The judge simply has asked if we administratively decide to deny a permit, that that be immediately brought to the judge's attention. Commissioner Regalado: OK, so I -- can you bring this afternoon -- Mr. Vilarello: Yes, sir. I have one prepared for your consideration this afternoon. Commissioner Regalado: OK. Vice Chairman Sanchez: But on the issue of being simple, I have a concern because what gets us in trouble is when we don't have fair representation of the law equally for everyone, so having the administration decide who gets it and who doesn't get it, and what the rules may be, that's going to end us back in the same problem that we've been in, so I would ask that the Legal Department come back with a very well-defined ordinance focusing on all the key issues, just as long as it is fairly, equally distributed for every organization, every group that wants to come to this City and protest, which they are entitled to under the Constitution of this great nation of ours, but it's got to be not a simple resolution or an ordinance -- simple ordinance. It has to be a well-defined ordinance so we don't end up in the same situation that we ended up in the past. Commissioner Regalado: No, Joe. When I said simple, it's because we don't need to go into five inches, you know, stick and -- Vice Chairman Sanchez: Well, that's -- Commissioner Regalado: -- plastic whatever, and balloons and all that. It's just simple in terms of what you say. What you say is the right thing. I mean -- Vice Chairman Sanchez: But the key word here is fairness. I mean, both groups, whether you're for or against, have the opportunity to be at an equal distance, have the equal rights, because that's what happens. That's what gets us in trouble when you give one group more -- whether you agree or disagree, you give them the edge, and usually that edge gets us in trouble in the legal aspect, that we end up either going to court, losing in court, threaten to take it to the 11 th - City ofMiami Page 85 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 - the Eleventh Judicial Court, you know, and we don't want to be the City that's going to be recognized in a court ruling as the City ofMiami versus such, when it comes down to bad public policy. Commissioner Regalado: I'm ready. Chairman Teele: Is there further discussion or debate? If not, Madam Clerk, call the roll. Priscilla A. Thompson (City Clerk): I don't have a mover and seconder yet, sir. Commissioner Regalado: I move it. Vice Chairman Sanchez: I would second it, but it cannot be a very simple -- in other words -- Commissioner Regalado: No, no, but we're voting on repealing. Vice Chairman Sanchez: OK. On repealing, yes. Second on repealing. Chairman Teele: Madam Clerk, call the roll. Ms. Thompson: Yes. Thank you. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. Vice Chairman Sanchez: Now, Commissioner Regalado, you have another motion, right, directing the City Attorney to come back? Commissioner Regalado: Yes, sir. Vice Chairman Sanchez: With an or -- well, it's your ordinance. Commissioner Regalado: Do -- I mean, do we need a motion or -- no. He's bringing that -- Mr. Vilarello: It's already a discussion item on this afternoon agenda, and in fact, I've distributed a copy earlier, and I'm going to have additional copies placed on the dais. Chairman Teele: Is that D -- Discussion Item 4? Vice Chairman Sanchez: Do you have a copy of it? Let me see. Mr. Vilarello: Discussion Item Number 2. Chairman Teele: I'm sorry. Discussion Item Number 2, right. All right. SR.3 04-00205 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ARTICLE 21, OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION, ENFORCEMENT, VIOLATIONS, AND PENALTIES," TO INCLUDE GROUNDS FOR DENIAL OF THE ISSUANCE OF LICENSES OR PERMITS; MORE PARTICULARLY BY AMENDING SECTION 2106 OF SAID ORDINANCE, ENTITLED "ZONING CONFORMITY REQUIRED PRIOR TO ISSUANCE OF LICENSES OR PERMITS;" CONTAINING A REPEALER PROVISION, A SEVERABILITY City ofMiami Page 86 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 04-00205-cover memo.pdf Motion by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton 12502 Chairman Teele: SR.3. Would you read the ordinance, Mr. Attorney? The Ordinance was read by title into the public record by the City Attorney. 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. Vice Chairman Sanchez: So move, Mr. Chairman. Commissioner Gonzalez: Second, SR.3. Chairman Teele: Is there a discussion or debate? Madam Clerk, call the roll. A roll call was taken, the result of which is stated above. Chairman Teele: RE -- Priscilla A. Thompson (City Clerk): The ordinance has been adopted on second reading, 4/0. 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. 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 Commissioner Gonzalez, seconded by Commissioner Regalado, and passed unanimously, with Commissioner Winton absent, to DEFER item RE.1 to the Commission meeting currently scheduled for March 25, 2004. Chairman Teele: Deferrals or withdrawals from the regular agenda? Alejandro Vilarello (City Attorney): Mr. Chairman, at the Manager's request, Items RE.1 and BC.5 deferred to the March 25th meeting. Commissioner Gonzalez: RE.1 and what? City ofMiami Page 87 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Mr. Vilarello: And BC.5. Chairman Teele: Is there a motion? Commissioner Gonzalez: Move. Chairman Teele: Is there a second? Commissioner Regalado: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? Items BC -- Mr. Vilarello: 5. Chairman Teele: -- 5 and RE.1 are deferred as stated. Any other item? If not, do we have items from the public today? Now, we've got a discussion item regarding the NET (Neighborhood Enhancement Team), and we've got -- which we're going to take up in just a moment -- and then we've got -- I saw Art Noriega walking around here. Somebody askMr. Noriega to come in, please, and then we have the PZ (Planning & Zoning) items, which we take up at 3 o'clock. There was one other item. Isn't there a -- Commissioner Regalado: We got several resolutions, Mr. Chairman. Commissioner Gonzalez: Mr. Chairman. Chairman Teele: All right. Yes, sir. Commissioner Gonzalez: I would like to defer RE.1. Vice Chairman Sanchez: That's already been deferred. Chairman Teele: That was deferred this morning. Commissioner Gonzalez: It's been deferred? Vice Chairman Sanchez: Yeah. Commissioner Gonzalez: OK Chairman Teele: OK. All right. (See also BC.5) RE.2 04-00094 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY BETTY SIMPSON, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MORENA SIMPSON, DECEASED, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $90,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND City ofMiami Page 88 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF BETTY SIMPSON, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MORENA SIMPSON, DECEASED V. CITY OF MIAMI, IN THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 96-5717 CA (21), UPON EXECUTING A GENERAL RELEASE FOR THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.651. 04-00094-cover memo.pdf Motion by Vice Chairman Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0146 Chairman Teele: Resolution Number 2. Mr. Attorney, what are we doing? Alejandro Vilarello (City Attorney): This is a settlement of a lawsuit involving -- Chairman Teele: Have you briefed each of the Commissioners? Mr. Vilarello: Yes, sir. Chairman Teele: Is there a motion? Vice Chairman Sanchez: So move, Mr. Chairman. Commissioner Regalado: Second. Commissioner Gonzalez: Second. Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. City ofMiami Page 89 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 BOARDS AND COMMITTEES BC.1 04-00083 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE ORANGE BOWL ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: appointment deferred Commissioner Angel Gonzalez appointment deferred Commissioner Angel Gonzalez Rick Rodriguez Pina Commissioner Johnny Winton appointment deferred Commissioner Johnny Winton Arthur Hertz Vice Chairman Joe Sanchez appointment deferred Vice Chairman Joe Sanchez appointment deferred Chairman Arthur Teele appointment deferred Chairman Arthur Teele Juan Carlos Flores Mayor Manuel Diaz appointment deferred 04-00083-memo-1.doc 04-00083-MEMBERS-2.doc Mayor Manuel Diaz Motion by Vice Chairman Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0163 A motion was made by Commissioner Regalado, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Winton absent, to appoint Rick Rodriguez Pina as a member of the Orange Bowl Advisory Board. Note for the Record: The appointment of Rick Rodriguez Pina was made on behalf of Commissioner Winton who was absent. A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and passed unanimously, with Commissioner Winton absent, to appoint Arthur Hertz as a member of the Orange Bowl Advisory Board; further waiving the elector requirements in Section 53-123 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 the appointment ofArthur Hertz as a member of the Orange Bowl Advisory Board. City ofMiami Page 90 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Chairman Teele and Commissioner Gonzalez deferred their appointments. Vice Chairman Sanchez and Commissioner Winton deferred one of their appointments. Note for the Record: Mayor Diaz appointed Juan Carlos Flores via memo sent to the City Clerk on March 8, 2004. Chairman Teele: Are there appointee -- BC.1. Are there appointees to the Orange Bowl Advisory Committee? Vice Chairman Sanchez: Mr. Chairman, before we do that, could we get the blue sheets, the Commission items out of the way? Chairman Teele: Yeah. We can get anything out of the way you want to, as long as we're getting something out of the way. Vice Chairman Sanchez: That's a good philosophy to have. Commissioner Regalado: Yeah. We have -- Chairman Teele: Commissioner -- Commissioner Regalado: We have appointments. Chairman Teele: Huh? Commissioner Regalado: We have appointments for the Orange Bowl Committee. Chairman Teele: OK. Just -- he don't want to take that up right now. Commissioner Regalado: Oh, we can -- Chairman Teele: Just hold it for a minute. Commissioner Regalado: I will be doing an appointment in behalf of Commissioner Winton, so whenever -- Chairman Teele: All right. Why don't we do the Orange Bowl appointments, and then we'll do the blue sheets, starting with District 3. Vice Chairman Sanchez: I'm here to work with you, Mr. Chairman. Chairman Teele: Thank you, Mr. -- Vice Chairman. Commissioner Gonzalez, did you have any appointments to the Orange Bowl Committee? Commissioner Gonzalez: No, sir. Chairman Teele: Commissioner Winton? Commissioner Regalado: On behalf of Commissioner Winton, Rick Rodriguez Pena. Chairman Teele: Is that a reappointment? Commissioner Regalado: I don't know, Mr. Chairman. I -- City ofMiami Page 91 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Priscilla A. Thompson (City Clerk): No, it's not. Chairman Teele: All right. That's a new appointment. Just one? Ms. Thompson: Yes, it is. Chairman Teele: Replacing who? You've got to replace somebody. Unidentified Speaker: Larry Coker. Chairman Teele: Replacing Larry who? Ms. Thompson: Coker. Chairman Teele: Cook. Ms. Thompson: Coker. Chairman Teele: You have the list there, don't you? Ms. Thompson: Replacing -- that -- I've been told that it would be replacing Larry Coker. Chairman Teele: OK. Is there a motion to approve the appointment of Commissioner Winton? Commissioner Regalado: Move it. Vice Chairman Sanchez: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: Commissioner Sanchez -- did you have appointments for yourself Commissioner Regalado? Commissioner Regalado: No, sir. Chairman Teele: Commissioner Sanchez? Vice Chairman Sanchez: Madam Clerk, who are my two appointees? Ms. Thompson: To the Orange Bowl Advisory Board, sir, you have Lewis Freeman and Arthur Hertz. If you want to reappoint Mr. Hertz, he would need a four fifths waiver on the elector requirement. Vice Chairman Sanchez: Motion to approve Arthur Hertz, with the four fifths vote. Chairman Teele: Is there a second? Commissioner Regalado: Second. Commissioner Gonzalez: Second. Chairman Teele: Is there objection? All in favor, say "aye." City ofMiami Page 92 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 The Commission (Collectively): Aye. Chairman Teele: All opposed? It's a four fifths vote. Vice Chairman Sanchez: Andl would defer on my other appointee. BC.2 04-0085 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mariano Cruz Commissioner Angel Gonzalez Manolo Reyes Commissioner Angel Gonzalez Gary Reshefsky Commissioner Johnny Winton Suzanne Peters Commissioner Johnny Winton appointment deferred Commissioner Tomas Regalado appointment deferred Commissioner Tomas Regalado David Marko Rolando Aedo appointment deferred appointment deferred appointment deferred appointment deferred appointment deferred appointment deferred appointment deferred 04-00085-memo-1.doc 04-00085-members-2.doc Vice Chairman Joe Sanchez Vice Chairman Joe Sanchez Chairman Arthur Teele Chairman Arthur Teele Mayor Manuel Diaz Mayor Manuel Diaz Mayor Manuel Diaz Mayor Manuel Diaz Mayor Manuel Diaz Motion by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Teele Absent: 2 - Commissioner Winton and Regalado City ofMiami Page 93 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 R-04-0164 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, and was passed unanimously, with Commissioners Regaldo and Winton absent, to reappoint David Marko and Rolando Aedo to the Homeland Defense/Neighborhood Improvement Bond Oversight Board. A motion was made by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioners Regalado and Winton absent, to reappoint Mariano Cruz and Manolo Reyes to the Homeland Defense/Neighborhood Improvement Bond Oversight Board. A motion was made by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, and was passed unanimously, with Commissioners Regaldo and Winton absent, to reappoint Gary Reshefsky and Suzanne Peters to the Homeland Defense/Neighborhood Improvement Bond Oversight Board. Note for the Record: The appointments of Gary Reshefsky and Suzanne Peters were made on behalf of Commissioner Winton, who was absent. Chairman Teele and Commissioner Regalado deferred their appointments. Direction to the City Manager by Chairman Teele to check with the Mayor's office to verify if the Mayor has any names to proffer as appointments to the Homeland Defense/Neighborhood Improvement Bond Program Oversight Board. Chairman Teele: Were there any other matters to come before the Commission before we break? Board appointments or anything anybody wants to clear up out of the way and, you know -- Vice Chairman Sanchez: Mr. Chairman, if we could get some of the board appointments. Chairman Teele: Yeah. Vice Chairman Sanchez: I believe we left off on BC.2 -- Chairman Teele: Hold on just one minute. Vice Chairman Sanchez: -- which is appointments to the Neighborhood Improvement Bond Programs Oversight Board. Chairman Teele: All right. Vice Chairman Sanchez: I would like to reappoint both of my appointees, David Marko and Rolando Aedo. Chairman Teele: It's seconded by Commissioner Gonzalez. Is there objection? All in favor, say "aye. The Commission (Collectively): Aye. Chairman Teele: All opposed? Commissioner Gonzalez. Commissioner Gonzalez: BC.2. Chairman Teele: BC. 2, the Oversight -- City ofMiami Page 94 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Commissioner Gonzalez: I am going to reappoint Mariano Cruz andHanolo Reyes. Chairman Teele: And is that seconded by Commissioner Sanchez? Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: Did you have Commissioner Winton's there? Vice Chairman Sanchez: Mr. Chairman, ifI may, at the request of Commissioner Winton's office, I would like to reappoint both of his appointees, Gary Reshefsky and Suzanne Peters. Chairman Teele: And that's seconded by Commissioner Gonzalez. Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: Mr. Manager, would you check with the Mayor's office and see if he's got his appointees for the Bond Oversight Board ready for this afternoon, if possible? BC.3 04-00086 RESOLUTION Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: 04-00086-memo-1.doc 04-00086-members-2.doc Commissioner Angel Gonzalez DEFERRED Commissioner Gonzalez DEFERRED his nomination. Chairman Teele: On BC.3, on the Community Technology Advisory Board. Commissioner Gonzalez: I'm deferring that, Mr. Chairman. Chairman Teele: Without objection. BC.4 04-00087 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN Clerk INDIVIDUAL AS A MEMBER OF THE OFF-STREET PARKING BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Oscar Rivero Off -Street Parking Board City ofMiami Page 95 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 04-00087-memo-1.doc 04-00087- MEMBERS-2.doc 04-00087 Dosp nomination - 3.pdf Motion by Vice Chairman Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0147 Chairman Teele: All right. We have before us, very quickly, ladies and gentlemen -- Commissioner Regalado: There's Noriega. Chairman Teele: Mr. Noriega, I want to commend you for what Commissioner Regalado read into the record, and that is that you all are putting up a hundred or so thousand dollars for the promotion of the Coconut Grove area, and while we didn't debate that a lot, I think that's a significant step forward both with Off -Street Parking and with Conventions, et cetera, so as a courtesy to you, the Chair would like to take up the item of P -- BC.4, a resolution relating to Off -Street Parking Board ofMr. Rivero for a reappointment that's before us. Vice Chairman Sanchez: What's his first name? Art Noriega (Director, Off -Street Parking): Oscar Rivero. Vice Chairman Sanchez: So move. Commissioner Gonzalez: Oscar Rivero. Second. Commissioner Regalado: Second. Chairman Teele: And that is an appointment through 2008. Mr. Noriega: Yes, sir. Chairman Teele: All right. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? Mr. Noriega: Commissioner -- Commissioner Regalado: If you give a hundred thousand dollars more next time, we'll give you the -- BC.5 03-0147 RESOLUTION Mayor's A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING International CERTAIN INDIVIDUALS AS MEMBERS OF THE THE MAYOR'S Council INTERNATIONAL COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commission At -Large (Commissioner Gonzalez) City ofMiami Page 96 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Commission At -Large (Commissioner Winton) Commission At -Large (Vice Chairman Sanchez) Commission At -Large (Commissioner Regalado) Commission At -Large (Chairman Teele) Vice Chair Commission At -Large (Commissioner) Commission At -Large Commission At -Large Mayor Manuel Diaz Mayor Manuel Diaz Mayor Manuel Diaz Mayor Manuel Diaz Mayor Manuel Diaz Mayor Manuel Diaz Mayor Manuel Diaz 03-0147-memo-1.doc DEFERRED A motion was made by Commissioner Gonzalez, seconded by Commissioner Regalado, and passed unanimously, with Commissioner Winton absent, to DEFER item BC.5 to the Commission meeting currently scheduled for March 25, 2004. (See also RE.1) City ofMiami Page 97 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 DISCUSSION ITEMS DI.1 04-00174 DISCUSSION ITEM A DISCUSSION CENCERNING A FINANCIAL UPDATE AND A BUDGET OUTLOOK. DISCUSSED This item was discussed. Chairman Teele: Is the Manager here today? Did he -- Would someone inquire, please, of the Director of Human Resources if they could come down and see us, please, before they leave for the day? All right. You want to come up and give us our budget update? Is that what we want to do? Larry Spring: Larry Spring, Chief of Strategic Planning, Budgeting and Performance. Chairman Teele: Madam Clerk, give me a list of things -- the items that we've not completed from your list, please. Mr. Spring: Do you want me to continue? Chairman Teele: Yes, sir. Mr. Spring: OK. As of our January reporting, our forecasts indicate that we are about five -- half a million dollars unfavorable difference on revenue, largely due to our forecasted increase in collections on rear, delinquent taxes and on the expenditure side, as reported in last month's forecast, we have an issue with overtime. Again, a large amount of that overtime is associated with the FTAA (Free Trade Area of the Americas) event that occurred in November. We're expecting reimbursement and we continue to watch the line. Other than that, we're on track in all other categories, so if you have any questions. Chairman Teele: Do we have any questions? Does anybody -- does anybody care? Should we have any questions? Mr. Spring: Again at -- Chairman Teele: If you were sitting here, would you have a question? Mr. Spring: The only question -- and I think I've addressed it -- is the issue of overtime, and it's been addressed with the Manager. It is in the area of Police and Fire, and as you know, there are a large number of vacancies in both departments, and the overtime is kind of caused by those vacancies, but we also have salary savings that kind of offset the cost, so that's -- Commissioner Regalado: Is this about the part-timers? Mr. Spring: No, no, no. I'm giving a general -- Commissioner Regalado: Oh. Mr. Spring: -- overview. So. DI.2 04-00248 DISCUSSION ITEM City Attorney DISCUSSION CONCERNING AMENDMENTS TO CODE PROVISIONS TO City ofMiami Page 98 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 PROVIDE FOR PARADES, ASSEMBLIES, AND PROCESSIONS IN PARKS AND ON PUBLIC RIGHTS -OF -WAY. 04-00248 - Memo Untitled.pdf DISCUSSED The verbatim minutes for item DI. 2 are found following Item DI. Discussion of this item resulted in two ordinances listed below: Commissioner Regalado: And the second thing is that we wanted to honor the outgoing ACLU (American Civil Liberties Union) President, and she is here, so Lida Rodriguez-Tassef is here. Chairman Teele: Well, we don't have the bells and the whistles and -- Commissioner Regalado: No. We are tired but -- Alejandro Vilarello (City Attorney): Mr. Chairman, we did give her a little more work to do before she hands the baton over to the next President. Chairman Teele: Are you here, Madam President, on any particular matter? Commissioner Regalado: Yeah, the ordinance. Chairman Teele: Did you want to be heard on anything? Lida Rodriguez-Tassef Just really quickly, Commissioners. Lida Rodriguez-Tassef, the outgoing President of the ACLU of Greater Miami. As Nixon said, you won't have me to kick around for long. I wanted to say thank you for -- Commissioner Regalado: Well, Nixon said that, and he came back. Chairman Teele: That's when he lost for Governor. Commissioner Regalado: For Governor. You don't have Richard Nixon to kick butt anymore, and he came back. Ms. Rodriguez-Tassef Well, I certainly don't intend to any time soon, butt wanted to say thank you to you, especially, Commissioner Regalado, Commissioner Teele, Commissioner Gonzalez, for the repeal earlier today of the FTAA (Free Trade Area of the Americas) Ordinance. Thank you very much for your commitment to this community, to the diversity of this community and to the parades and assemblies by the different groups, and Mr. Vilarello, I justgothanded a copy of the latest revisions to the Protest Ordinance, and we'll be taking a look at those and discussing those. He did leave us with some work before we leave, so -- but wanted to say thank you to all of you. Really appreciate it. Your hard work and your commitment to this City is very important, so thanks. Chairman Teele: Are you available to come back at the next -- for the next meeting of the 25th? Ms. Rodriguez-Tassef In light of the fact that Mr. Vilarello just handed us this, I think the answer is yes, sir. Chairman Teele: We would hope that you would be here at 9 o'clock on the 25th, assuming the Manager and the Agenda Clerk get everything done, and we really would like to thank you for your service. Ms. Rodriguez-Tassef Thank you, Commissioner. It's not necessary, but appreciate it. It's an City ofMiami Page 99 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 honor. Thank you. Chairman Teele: But truly, it's a moment of mixed emotions. Commissioner Gonzalez: We got rid of you. Chairman Teele: All right, further items. Ms. Rodriguez-Tassef Thank you. Chairman Teele: Thank you very much. (DI.2) 04-00212 ORDINANCE Draft City Attorney AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 54 OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS" BY: REPEALING SECTION 54-1 IN ITS ENTIRETY AND SUBSTITUTING IN LIEU THEREOF NEW SECTION 54-1 TO PROVIDE DEFINITIONS; REPEALING 54-2 IN ITS ENTIRETY; AMENDING SECTION 54-3 TO APPLY TO PUBLIC WORKS AND COMMERCIAL EVENTS PERMITS AND TO AFFIRMATIVELY INDICATE ITS INAPPLICABILITY TO PROTECTED SPEECH IN PUBLIC FORUMS; AMENDING SECTION 54-6 TO PROVIDE THE TIME LIMITS FOR THE FILING OF AN APPLICATION FOR A PERMIT FOR PARADES AND PROCESSIONS; ADDING NEW SECTION 54-6.2 TO PROVIDE FOR TIME LIMITS FOR THE FILING OF A PERMIT FOR AN ASSEMBLY; AND REQUIRING INFORMATION IN THE APPLICATIONS FOR PARADES, PROCESSIONS AND ASSEMBLIES TO SPECIFY CRITERIA AND CONDITIONS FOR A PERMIT TO BE ISSUED, AND TO PROVIDE FOR NOTICE OF DENIAL, REVOCATION AND ADMINISTRATIVE APPEAL; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 04-00212-cover memo.pdf 04-00212 notice.pdf 04-00212 - substitute memo.pdf Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Regalado and Teele Absent: 2 - Commissioner Winton and Sanchez (DI.2) 04-00213 ORDINANCE Draft City Attorney AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 38 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ENTITLED "PARKS AND RECREATION" BY REPEALING SECTION 38-67 IN ITS ENTIRETY, AND FURTHER AMENDING SECTION 38-74 TO AFFIRMATIVELY INDICATE ITS INAPPLICABILITY TO PROTECTED SPEECH IN PUBLIC PARKS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. City ofMiami Page 100 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 04-00213-cover memo.pdf 04-00213 notice.pdf 04-00213 - substitute memo.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Regalado and Teele Absent: 2 - Commissioner Winton and Sanchez Chairman Teele: All right. DI. 2, DI. 2, Discussion Item Number 2. Alejandro Vilarello (City Attorney): Commissioners, I'd like to present for your consideration two ordinances which address the concerns associated with work being done in the public right-of-way, as well as distinguished -- and particularly distinguishing work that's done in the public right-of-way from parades and demonstrations. This ordinance -- these two ordinances that have before you address both those issues. I'd like to read the title of the ordinance for your consideration. The ordinance was read by title into the public record by the City Attorney. Mr. Vilarello: What this first ordinance does, is works to opt to -- to resolve some of the concerns that Judge Graham had expressed with regard to ordinances which had been in place for well over 30 years, and I would request the City Commission to consider adopting this ordinance on first reading. Chairman Teele: All right. Read the ordinance, please. Mr. Vilarello: I just did. Commissioner Regalado: I'll move the ordinance, Mr. Chairman. Commissioner Gonzalez: I second the ordinance. Chairman Teele: Public hearing. Any person desiring to be heard should come forward. Are there any persons coming forward? If not, Madam Clerk. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 3/0. Commissioner Regalado: You got to tell the Police Department that. Mr. Vilarello: We've discussed it with the Police Department, and it's -- Commissioner Regalado: No. You got to tell the Police Department that we rescinded the other one. Mr. Vilarello: Oh, certainly. Commissioner Regalado: So they -- Chairman Teele: This is first reading. Mr. Vilarello: This is first reading. City ofMiami Page 101 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Commissioner Regalado: So they don't forget. Mr. Vilarello: OK. And then there's a companion ordinance which affects parks with similar issues. The ordinance was read by title into the public record by the City Attorney. Chairman Teele: All right. 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. Madam Clerk. Ms. Thompson: The mover and seconder? Chairman Teele: That's an ordinance. Mr. Vilarello: It's an ordinance. Chairman Teele: Is there a motion and a second? Commissioner Gonzalez: Move the ordinance. Commissioner Regalado: Second. Chairman Teele: Madam Clerk. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. DI.3 04-00250 DISCUSSION ITEM Department of DISCUSSION CONCERNING ALTERNATE FUNDING SOURCES FOR Community THE LITTLE HAVANA HOMEOWNERSHIP ZONE. Development 04-00250-cover memo.pdf DISCUSSED This item was discussed under item D3.2. 10:00 A.M. DI.4 04-00114 DISCUSSION ITEM PURSUANT TO THE DIRECTIVE FROM THE CITY COMMISSION ON JANUARY 22, 2004, THE NEIGHBORHOOD ENHANCEMENT TEAM (NET) WILL BE MAKING A FULL PRESENTATION IN CONNECTION WITH ITS MISSION INCLUDING PHYSICAL FACILITIES, SCOPE OF SERVICES, THE ROLE, ETC. 04-00114-cover memo.pdf 04-00114-powerpoint presentation.pdf 04-00114-Submitted Untitled.pdf 04-00114-booklet. htm DISCUSSED City ofMiami Page 102 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 A motion was made by Chairman Teele, seconded by Commissioner Gonzalez, and passed unanimously, with Commissioners Winton and Regalado absent, to TABLE the discussion of item DI.4 until 3 p.m. this afternoon. Direction to the City Manager by Chairman Teele to have the four administrators of NET (Neighborhood Enhancement Team) offices located within District 5 to be present when the discussion of this item is considered at 3 p.m.; further requesting that the City Attorney be prepared to discuss this afternoon, what legislative actions the Commission has taken and can take relating to the NET office and the annual budget process. Direction to the City Manager by Chairman Teele to: 1- insfruct NET to be more aggressive in protecting residential areas from commercial and construction related activities, particularly in the Model City area; 2- have the NET Administrators attend each of the District CDBG (Community Development Block Grant) public meetings; 3- identify appropriate office space for three NET offices; 4- provide a clear focus on the services provided by NET; 5- provide information to the public, especially in the Little Haiti area; 6- coordinate special events with the district Commissioner. Direction to the City Manager by Commissioner Gonzalez to provide a report listing code violations which have come into compliance within the last 90 days in District 1, particularly in the Allapattah area; further reiterating that West Little Havana needs to have a NET office. Direction to the City Manager by Commissioner Regalado to amend the current draft of the booklet of information to be distributed to the public by: 1- simplifying the booklet format, reduce volume of information; 2- the number listed for dead animal pickup is a recorded message; this should be coordinated by NET staff; 3- the Comcast cable number to report problems is also a recorded message; this should be coordinated by NET staff, 4- deleting the names of department directors because some of the ones listed are no longer with the City; 5- identifying the five districts with its district Commissioner and the NETs that serve their areas; 6- using graphs to show what NET offices can assist with, such as garage sale permits; 7- including a notice that boxes are not to be placed in the street median to advertise garage sales and that signs are not to be posted on public rights -of -way, which includes frees in the medians. A motion was made by Chairman Teele, seconded by Commissioner Regalado, and passed with Vice Chairman Sanchez voting in the negative and Commissioner Winton absent, for a non -binding straw vote in support of having the NET (Neighborhood Enhancement Team) Service Centers provide code enforcement services. A motion was made by Chairman Teele, seconded by Vice Chairman Sanchez, and passed unanimously, with Commissioner Winton absent, to insfruct the City Attorney to draft appropriate legislation to amend the budget ordinance and the table of organization to show accurate number of budgeted positions and location of NET offices and Code Enforcement; further directing the City Manager to schedule consideration of said item for the next regular Commission meeting. Chairman Teele: The Chair is yielding to Commissioner Sanchez, Vice Chair, to conduct the discussion on NET (Neighborhood Enhancement Team) DI.1-- DI.4, Discussion Item Number 4. Before I do, was there any item that anyone is here this morning that they expected to come up? May I inquire why the distinguished representative is here? The joy of watching government, he City ofMiami Page 103 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 said. Thank you, Commissioner -- Representative Ross. Are there any other people here from the public that thought their item was going to come up that hasn't been heard? Joe Arriola (City Manager): By the way, that's not true. He was beating up on me outside. Chairman Teele: Oh, was he beating up on you outside? Mr. Arriola: Yes, sir. Chairman Teele: All right. OK. If there are no other items to come up, the Chair yields the gavel to the Vice Chair to conduct Discussion Item Number 4. Vice Chairman Sanchez: Thank you, Mr. Chairman. DI.4 is a presentation from the NET Office. Mr. Director, you're recognized. Ricardo Gonzalez: Ricardo Gonzalez, Director of NET. Vice Chairman Sanchez: How long is your presentation? Mr. Gonzalez: It should take -- if uninterrupted, it should take about 20, 25 minutes. Vice Chairman Sanchez: If not interrupted, 25 minutes? Mr. Gonzalez: Just thought I'd say that. Vice Chairman Sanchez: Well, I'll make sure you're not interrupted. Mr. Gonzalez: Right. Good morning, Commissioners. I believe you'll be able to see our presentation on your monitors. I am pleased to be here today to share with you who the NET is and what we're about. Our goal, our mission is inspired by Mayor Diaz' state of the City address last year. His vision for the Neighborhood Enhancement Teams in that speech was as follows: NETs need to become direct points of contact between citizens and government. Anyone should be able to walk into a NET Office and be greeted by professional and courteous City employees, obtain answers to their questions and help with City services. NETs need to engage in neighborhoods that represent in a proactive way, serving also to disseminate knowledge about City programs, design to improve the quality of life for all our neighborhoods. Our mission statement reads as follows, 1: To facilitate professional, courteous and efficient delivery of municipal services. We're going to make sure that every citizen who calls or who writes or visit our office is treated with courtesy and that they receive the assistance that they have earned. 2: To develop partnership that bridge the gap between public and private concerns. We are working with individual neighborhoods and business groups on issues that have an impact on the quality of life of all residents of the City. Number 3: To enhance and revitalize Miami's diverse neighborhoods. We are the eyes and ears of the City's administration. We advocate for our communities and are conduits of information between the City and its residents, with the express purpose of improving the communities we serve, while maintaining their individual characteristics. We currently have 13 different locations spread throughout the City. Over the next few months, we anticipate a few changes, which I will mention. The Allapattah office will move to Curtis Park within the next 60 days. The Flagami office will move to Maceo Park. This office is currently our westernmost office. The move to Maceo will give us better coverage of the western part of the City. This move will take place around the summer of 2005. East Little Havana and West Little Havana, the two offices will be consolidated into one. The new Little Havana office will be located at 185 Northwest 13th Avenue. The two offices in the Grove, the Northeast Coconut Grove and Southwest Coconut Grove offices will be run by a single administrator, who will be responsible for all our activities in the Grove. In Overtown, we will be negotiating a lease agreement with the Masonic Lodge, which is located on 9th Street and 3rd City ofMiami Page 104 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Avenue, so we will be relocating to that location. In the Upper Eastside, we're working on a partnership with a newly formed distinct corridor, Chamber of Commerce, which will enable us to establish sort of a welcome center in the Biscayne Corridor. This office will be run by Maria Mascarenas, our Wynwood office administrator. Also, since there are currently no NET Offices in Commissioner Regalado's District 4, we're in the process of creating a new NET Office, which will be located at 4343 West Flagler Street. This office will also give us a presence in the western part of the City. Our 14th site, if you will, is the Miami Homeless Assistance Program, which is located on the corner of 8th Avenue and Flagler Street. This office works in tandem with our 13 NET Offices and is responsible for addressing the issues that are associated with our homeless population throughout the City. We will have a full presentation on the homeless issue before this Commission on April 22nd, but I would like to have Brad Simon, who is the Program Director, give you a very brief summary of the program. Brad. Brad Simon: Thank you. Good morning, Commissioners. Brad Simon, Director of the Miami Homeless Assistance Program. As Mr. Gonzalez stated, we are preparing a full presentation for you in April, butt just wanted to give you a brief synopsis of some of the recent initiatives and successes of our program. Our program was initiated basically in 1991, and at that time, we researched programs from other areas of the country and developed a unique plan that fit the needs of our community. At that time, we hired four formerly homeless individuals to conduct outreach primarily in the downtown area. Now, we employ 32 formerly homeless men and women, all of whom are funded by federal and state grants and cover the entire City ofMiami. We frain these individuals to reintegrate into the work force, give them a work history and offer them the opportunity to move on to bigger and better lives. We're very happy that over 230 individuals have actually moved on into the work force and are gainfully employed out of the staff that we have hired, and these are the ones that we just have contact with still. Our funding for this year actually reached an all-time high at over nine hundred and ninety thousand dollars, of which a hundred and twenty-five thousand dollars is from the City's general funds, and does fund salaries for two of the employees. Last year, we made 4,539 placements into shelters and programs. All this being said, we've realized that what worked 13 years ago isn't what is working today, as far as the homeless is concerned. Last year we made a concentrated effort on placing people directly into programs that were designed specifically to fit their unique needs. Examples of these are drug treatment and mental health facilities. Our direct placements last year went up over 170 percent. Our overall services to homeless individuals within the City went up over 23 percent and the results were that our street count, which we conduct twice a year, went down 18 percent. Last year we were able to obtain funding for a jail discharge program. Since the inception -- Commissioner Regalado: Excuse me. Mr. Simon: Yes, sir. Commissioner Regalado: You said that the homeless count went down? Mr. Simon: Yes, sir, and -- Commissioner Regalado: How come the Miami -Dade County homeless count went up? Mr. Simon: The Miami -Dade County homeless count did go up slightly. Commissioner Regalado: No, no, not slightly, no. Twelve percent. Thirteen or 15 percent. Mr. Simon: OK Commissioner, typically, our homeless count in the City, we have been having between 49 and 52 percent for the entire County's homeless population in the City ofMiami. We're pleased to also announce that 42 percent of the County's homeless population was in the City ofMiami during the last count. City ofMiami Page 105 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Commissioner Regalado: OK, so how can -- Mr. Simon: Our numbers went down. Theirs went up a little bit, but we dealt with our homeless population in a way that we were dealing -- that the programs that we were actually -- Commissioner Regalado: But the homeless count in the County went up by 300 or 400 individuals. Mr. Simon: Three or four hundred individuals. Commissioner Regalado: Right. Mr. Simon: Ours went down from 1,152 to 941. Commissioner Regalado: OK Mr. Simon: Last year, we were also able to obtain funding for a jail discharge program. Since the inception of this program, we've placed over 500 people into shelters, who are released from Dade County Jail and provided transportation to 885 people who refused shelter back to the jurisdiction of which they were arrested. In other words, there was 1,385 people who accepted some kind of assistance, who otherwise would have been walking around the Allapattah area and spilling out into the other areas of the City. Again, we're in the process of researching other cities and we'll be submitting a plan to deal with and hopefully end chronic homelessness in the City ofMiami. We're confident that we are moving into the right direction and we look forward to making the full presentation next month. Mr. Gonzalez: Thank you. Thank you, Brad. Commissioners, for your information, we have included a map of our current sites and of the changes that will take place in the next few months in our presentation. Commissioner Gonzalez: I do have a question. Vice Chairman Sanchez: Is that the end of your presentation? Mr. Gonzalez: Excuse me? Vice Chairman Sanchez: Does that conclude your presentation? Mr. Gonzalez: No, no, no. Vice Chairman Sanchez: Oh, OK. Sir. Commissioner Gonzalez: I have a question andl thought you were through with the presentation. You said that you're going to consolidate East Little Havana and West Little Havana into one NET. Mr. Gonzalez: That's correct. Excuse me? Commissioner Gonzalez: Into one NET. Mr. Gonzalez: Into one NET. Commissioner Gonzalez: OK As far as I'm concerned, you keep insisting on something that have been objecting for the last three years that I've been here, ever since it was decided to City ofMiami Page 106 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 separate the Code Enforcement from the NET and the reorganization of NET, but you say that in one -- you first said that you're going to join East and West Little Havana into one NET, and then you say that you're going to situate a NET Office at 4343 West Flagler. Mr. Gonzalez: That's correct. Commissioner Gonzalez: Right? And you're going to have another NET in East Little Havana on 13th Avenue and -- Mr. Gonzalez: 1st Street. Commissioner Gonzalez: -- and 1st Street, so what NET -- and you say that Flagami NET is going to be Maceo Park. Mr. Gonzalez: That's correct. Commissioner Gonzalez: OK, so what -- which NET is going to 4343 West Flagler? Mr. Gonzalez: It's a new NET. It will be staffed with existing people, but it's a new NET. In other words, we consolidate -- Commissioner Gonzalez: What do you mean, a new NET? Mr. Gonzalez: We're consolidating -- Commissioner Gonzalez: You had a NET at 22nd Avenue and Flagler Street. Mr. Gonzalez: Correct. Commissioner Gonzalez: I mean, you know, I don't know why it's so complicated and so difficult to understand, you know, when we have a meeting, when we have a question, why is it so difficult to understand the points that we fry to make? And I'm not saying thatl fry to make, because maybe you cannot understand me when I speak in English, but -- Mr. Gonzalez: I understand you fine. Commissioner Gonzalez: -- can talk to you in Spanish. Mr. Gonzalez: Oh, I understand you fine. Commissioner Gonzalez: In Spanish, you know, I should be good at talking in Spanish, because that's my language ever since I was born. Mr. Gonzalez: It's mine, also. Commissioner Gonzalez: So, I said, if you're going to -- I said, you have a NET Office at West Flagler Street and 22nd Avenue -- Mr. Gonzalez: That's correct. Commissioner Gonzalez: -- which is the West Little Havana NET Office. Mr. Gonzalez: That's correct. Commissioner Gonzalez: Right? City ofMiami Page 107 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Mr. Gonzalez: Yes. Commissioner Gonzalez: I told you about the condition and I had this same discussion with the prior NET administrator, OK I said, this place is a disgrace to the City ofMiami. It's a disgrace to the residents of the City ofMiami when they walk into that office. I told you about the facility problems. I told you about their mix with the Police Department, that people are afraid to go there because they see two police officers standing on the door like they used to be in Cuba, on the front desk, OK, where people used to be afraid to walk into the police station, so we had all of that discussion and now you're telling me -- you're telling us exactly the same thing. We're going to consolidate East Little Havana and West Little Havana, and we're going to create a new NET. You're not creating a new NET. What you're doing -- and correct me if I'm wrong -- what I perceive that you're doing is you're moving West Little Havana NET Office from 22nd Avenue and Flagler Sfreet to 4343 West Flagler. Mr. Gonzalez: That would be the net effect. You know, one of the reasons why I don't want to be at 22nd and West Flagler is precisely for the points you made earlier. Commissioner Gonzalez: Well, actually, your presentation -- Mr. Gonzalez: Yes. Commissioner Gonzalez: -- tends to confuse everybody. You don't confuse me because I know what I'm talking about. Mr. Gonzalez: Right. Commissioner Gonzalez: I know exactly what I'm talking about. I know exactly where each NET was, what each NET is, what NETs used to do before, what NETs are doing now. I know -- I know -- I'm very familiar with the NET process, and the NET reorganization, but actually what you're doing, you're not adding another NET. Mr. Gonzalez: No. Commissioner Gonzalez: You're transferring the NET Office, the West Little Havana NET Office from 22nd Avenue and Flagler Sfreet to 4343 West Flagler, so you're going to have -- Mr. Gonzalez: No. Commissioner Gonzalez: -- a NET Office in East Little Havana, a net Office in West Little Havana and a NET Office in Flagami; is that correct? Mr. Gonzalez: No, no, no, no, no. Commissioner Gonzalez: No? Mr. Arriola: Commissioner -- let me interrupt him, interfere a moment. Commissioner Regalado: Mr. Manager -- Mr. Arriola: The whole idea was -- Vice Chairman Sanchez: No. Wait, wait, wait, wait, wait. Commissioner Regalado: Mr. Manager. City ofMiami Page 108 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Vice Chairman Sanchez: Since I'm the Chair, let's get some control. Why don't we do something. Commissioner Regalado: Joe, Joe. Vice Chairman Sanchez: No, no, no, no. Wait. listen. Commissioner Regalado: Joe, I have to leave. I just want to say something. I need to leave. Vice Chairman Sanchez: You're recognized. Commissioner Regalado: I would like to continue this conversation in the afternoon. I think -- butl am noticing the last time you had the NET Directors here and they're not here. I think it would be nice if the NET Directors will listen to what the City Commission has to say. Maybe they're watching it on TV (television) or something. I don't understand, but -- Mr. Gonzalez: I believe they're watching, and concerning your point, Commissioner, I think, perhaps, if you let me finish our presentation, you'll -- you know -- because I'm not trying to -- we have 13 NET Offices today and we will have 13 NET Offices tomorrow. Vice Chairman Sanchez: Director, hold on. Commissioner Regalado, you're leaving? Is that the only question you have? Commissioner Regalado: I'm leaving. No. I mean, I wish that you all leave some time in the afternoon for some discussion, and I wish that at least the NET administration -- Vice Chairman Sanchez: Well do that. Commissioner Regalado: -- administrators in District 4 will be here, which would be Coral Way and Flagami. Vice Chairman Sanchez: All right. Look, let them finish their presentation, we'll ask questions, then at 3 o'clock, they'll come back and we'll give Commissioner Regalado an opportunity to continue asking questions and debating his issue. Commissioner Gonzalez: Well, but the problem is that Commissioner Regalado is not going to be here and he won't be able to see the full presentation, so what is he going to ask in the afternoon if he didn't see the presentation? Vice Chairman Sanchez: What is the will of the Commission? You want to defer the item until 3 o'clock? Commissioner Gonzalez: I would like to defer the item for the afternoon, when the -- Commissioner Regalado is here, because Commissioner Regalado has some concerns about NET, some legitimate concerns, as the concerns that I have in reference to NET and Code Enforcement, as a matter of fact, and Code Enforcement. Vice Chairman Sanchez: Is there a motion to table the item until 3 o'clock? Chairman Teele: Mr. Chairman. Vice Chairman Sanchez: Yes. Chairman Teele: I would so move, with the exception that anyone from the public who would City ofMiami Page 109 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 like to make comments about NET be given that opportunity before the action -- Vice Chairman Sanchez: Oh, absolutely. We would never deny anybody the public forum. Is there a motion? Chairman Teele: So, I would so move that -- Vice Chairman Sanchez: There's a motion. Chairman Teele: -- the item be tabled, subject to allowing the public to make any comments. Vice Chairman Sanchez: There's a motion and a second. Open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone opposing, having the same right, say "nay." Motion carries. We'll see you back at 3 o'clock. Chairman Teele: No, no. Are you here from the public? Jim McMaster: Yes, sir. Chairman Teele: My motion was to allow anybody from the public -- Vice Chairman Sanchez: OK. Chairman Teele: -- that was here this morning -- Vice Chairman Sanchez: Sir, is there anybody from the public that wants to speak? Have you registered with the Clerk? Mr. McMaster: I don't think I've reregistered for this for this year. I'm not a paid -- Vice Chairman Sanchez: No, no, not a lobbyist. No. You need to register -- I mean, you need to put your name on the record, but also register with the Clerk to speak. Mr. McMaster: OK I will on the way out. Thank you. Vice Chairman Sanchez: OK. Sir, you're recognized. Could you state your name for the record? Mr. McMaster: I'm Jim McMaster. I'm president of the Grove Treeman Trust, and I'm speaking for the Treeman Trust. Chairman Teele: For the what? Mr. McMaster: The Grove Treeman Trust. As many of you Commissioners and staff remember, for many years I was a fixture here and I was competing with Mariano for being the most active resident. You've not seen me very much for the last couple of years. As president of the Trust, I've been working very closely with the NET Offices in the Grove to plant trees. I don't have much of a life, butl do have a full-time job, and the last year, the Treeman Trust planted over a hundred thousand dollars worth of trees in the public right-of-way and parks of Coconut Grove. The reason we were able to do that was because of our relationship with the NET Office. The NET Office has served as a liaison between the community and MRC (Miami Riverside Center) City ofMiami Page 110 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 and City Hall. It's just been wonderful to be able to pick up the telephone and get an answer. I may not always like the answer. I spent the last two years not coming here, not bothering anybody. Working with NET, I've gotten a lot of answers I didn't like, but, hey, we were working together. You don't always get an answer that you want to hear, butl never called the NET Office in the last two years and did not have a polite, prompt response, and that's what's important, is for the community to feel that we have a stake in the City and that we have an access to the City. I have had only one experience with City staff since they removed Code Enforcement and what I'm here today, specifically, to ask for is for you to reconstitute the NET Office. You used to walk in there. There were inspectors. They understood the neighborhood. They understood the problems. I could get an answer right away. I've had one experience calling Coral Way centralized NET Office about the Doubletree Hotel. It took me three days to get an answer. The third day, I had to start yelling and screaming, and when I got an answer, it really wasn't an answer after all. It was the wrong answer, so I'm just here to ask you -- I would come back at 3, but I'm supposed to be at work right now -- please, the NET Office wasn't perfect. Nothing is in life. I know you may be asking what is NET doing. You have constituents coming into your offices yelling, screaming. Well, there are a lot of people who will go to NET and when they don't get what they want right away, hey, they go right to your office. That's just the way the world works, so just because you have people coming into your offices saying that NET isn't working or NET can't do this or that, doesn't mean that NET isn't working. It means that I've sat there with Haydee Regueyra many times. Haydee, something needs to be done. She picks up the phone. She'll call whomever. A month later, I'm in there again. She picks up the phone and does the same thing. It's not that NET isn't working. It's just there's a system, and, you know, a lot of things don't work, so please do reconstitute NET this afternoon when you meet. Thank you. Vice Chairman Sanchez: Thank you, sir. Ma'am, state your name for the record, please. Joyce Nelson: Joyce Nelson, 2535 Inagua Avenue. I'm here on behalf of the Coconut Grove Civic Club as a board member, and this new NET Office structure in Coconut Grove is already in place. It's not coming. It's here, and it's not working. We are really unhappy with it. Homer cannot cover the entire Grove with as many issues as we have to deal with on a daily basis, daily, and we had a working relationship with both NET Offices. Everything was actually going very well; always in need of improvement sometimes, but now it's not working. It's not working at all. Everyone is unhappy. We're not getting answers. We don't have access. Before you could call Haydee and actually speak to her. You can't -- it's impossible for this to work, and as far as history goes, the NET Office was instituted because of the secession movement of Coconut Grove, and the first NET Office was the one that is the Southeast NET Office, and then the north -- the West Grove wanted their own NET Office, so I think you better reconsider this. Vice Chairman Sanchez: Thank you, ma'am. Rosa Green: Rosa Green, 415 Northwest 6th Street. And I would suggest or hope that the NET Administrator would some way provide that information on the things that the NET Office supposed to do to help the community, because usually when I see things that's going to happen in the Overtown area, I'm reading it in the paper, you know, don't even know, and a lot of people complain about the NET Office not doing this, not doing that, and I basically don't know what their job description is. However, with your presentation today, I'm learning a lot, but then the County has a little green book or some books that, you know, tell who to call and when to call and who to call to see about different problems, and I don't know if the NET has anything to do with the homeless problem. Mr. Gonzalez: We do, yes. Ms. Green: Because I thinkl spoke to this young man, when you had the town hall meeting at the Carrie Meek Center. That one armed man is still there on 6th Street and 5th Avenue, and he City ofMiami Page 111 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 has a cot on the sidewalk, and I mean, over there in front of the Camillus House is just atrocious, and you can't say that you guys are oblivious to that going on, with mattresses across the sidewalk, and now a lot of handicapped people are using those electric carts and they couldn't even pass by even walking -- people that's walking can't even pass by. If that was in any other area, other than, you know, down there, I'm sure you would come up with some kind of law or some ordinance that would not let those people lie down there in the daytime -- and I have basically -- and I kid you not -- saw them lying there having sex on that sidewalk on the mattresses. Somebody is carrying them nice, clean linen because they have linen and garbage and everything else all over the -- and that is terrible, right across from a multibillionaire industry, and right across from the Triple A Arena. Now, somebody needs to ride down there and do something about it and about that homeless man that lies out there when it's pouring down rain, when the temperature changes, someone needs to care about him. He has one arm. I think I spoke to you before about it. He still there. Vice Chairman Sanchez: Thank you, Ms. Green. Ms. Green: I thank you. Vice Chairman Sanchez: Thank you. OK. So what we'll do is, we'll table the item. It will be the first item brought forth at 3 o'clock. Other than that, Mr. Chairman, you have the floor. Chairman Teele: Mr. Manager and Mr. Attorney, not to continue this discussion, but I would like, when we come back this afternoon, for the three -- the four net administrators that are in my district, in District 5 to be present, because I really would like to question them on a series of issues that relate to the policies of this board, and as it relates to the attorney, I'm asking that the budget resolutions that we approved on the annual budget be brought back before us and I would like to discuss the authority of the Commission relating to NET through our annual budget process, because it's very clear to me that we're going to have to strengthen the oversight of where we're going in this process, legislatively, if we're going to have the kind of cooperation that I think that's going to really be necessary, so I'm specifically asking the City Attorney to be able to discuss with us the budget ordinance and the budget implications as it relates to the NET Office this afternoon. Now, we need to get through this agenda, because we've got the NET (Neighborhood Enhancement Team) people here and we've got the sign people here. What I'm going to do is -- how much longer are we going to need on NET? How much more time do you need, Mr. Gonzalez? Mr. Gonzalez: I would guess approximately ten minutes. Chairman Teele: All right. Well, why don't you fry to complete, and I will yield to the Vice Chair. Vice Chairman Sanchez: Brad, you need -- you need some time to set up, Brad? Mr. Simon: Just for them to feed it to the monitor. Vice Chairman Sanchez: OK. OK. Whenever you're ready. Mr. Simon: I'm ready as soon as they feed it. Vice Chairman Sanchez: And could we hold the questions until after the presentation? I think it expedites things. Brad, you may proceed, sir. Mr. Gonzalez: I'll just pick up where I left off earlier this morning. Following is an example of the services we provide. We help process applications for garage sale and free removal permits, Certificates of Use, Occupational Licenses and Class I permits. We also guide both resident and business people on any quality of life issue that they may have. We connect people with ideas to City ofMiami Page 112 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 entities with resources. We provide information on economic incentives. We help small businesses navigate the bureaucracy of City government to obtain their license and permits. The second column touches upon the role of the NET as a gatherer of information and resources within their communities. The NET organizational structure is as follows: NET administration is comprised of myself, our Assistant Director Chris Morales, staff auditor and an administrative assistant. When it's all said and done -- Commissioner Gonzalez, you had a question earlier about the number of NET Offices. We have 13 NET Offices currently, and we will have 13 NET Offices when it's all said and done. We will have 11 administrators, 13 service center reps and 13 service center aides. In response to many of the concerns we are receiving in our offices -- and I'm sure you're getting in your offices also -- in the next couple of weeks, each administrator will have two little busters, which he or she can deploy within his area of coverage in order to quickly address any little issues that crop up unannounced throughout the City. We will also have a team of several little busters -- of graffiti busters working out of a centralized location, which will be the Miami Homeless Assistance Program, and they will be deployed, as needed, to address special situations and to complement those assigned to an administrator. The larger team will also be responsible for more major clean ups associated with the effect of the homeless and with the illegal dumping in the public right-of-way. In terms of the duties of our staff the responsibilities of the NET adminisfrator include, but are not limited to the following functions: They are the primary liaison and conduit of information between the City and the citizens. They implement Commission policies, coordinate with other City departments. They establish a close working relationship with neighborhood organizations. They develop plans, strategies and legislative initiatives with neighborhood stakeholders. They also manage the overall activities of the neighborhood service center, participate in meetings with neighborhood groups and business groups, and assist all residents and businesspeople in navigating interdepartmental processes. The responsibilities of the service center rep is to support the administrator to fulfill our mission and to ensure a high level of service within each office. The service center aide is to be the initial point of contact to our visitors and callers and also to assist the adminisfrator and the service center rep in the fulfillment of their mission. Over the past three and a half months, we have been establishing a road map of activities that will help us achieve our mission. We have identified a rather large number of priorities and initiatives. Chris Morales will walk you through a sample of them. Chris. Christine Morales: Good afternoon. Christine Morales, Assistant Director. In addition to the services and resources offered daily in our service centers, part of NET's daily business is to seek out and implement initiatives which directly contribute to enhancing the quality of life within our neighborhoods. It's a pleasure to be here today and share a sampling of NET's various and varied community building activities. The first is the Elderly Facade Compliance Initiative. This was inspired by the partnership between Commissioner Regalado's office and Coral Way NET, where we identified an elderly fixed income citizen who had been cited for not being able to comply with our facade requirements. We pressure cleaned the home. We partnered with volunteer groups from the Miami Benefit Club, and we took her house from a violation to compliance, and as Commissioner Regalado will tell you, she was crying before because she was so unhappy and she was crying afterwards because she was so happy with the way we had been able to help her. We look forward to replicating this effort throughout your Commission disfricts, in partnership with your offices year round. An essential part of NET's function is to be a resource to our neighborhoods in helping them navigate through all the City functions. Dr. Medvin is passing out a draft of the NET Resource Guide to Neighborhood Services, which we have put together as a sort ofABC to navigating through the City. We look forward to your comments of this draft and we would love to include messages from you in this publication, as well, and when we have the final draft, we are going to initially print 2,500 copies to distribute evenly throughout all of the Commission disfricts through our homeowners associations, Chambers of Commerce, other community -based organizations, as well as making them available in our offices. Crucial to enhancing quality of life, augmenting Miami's canopy is a priority for NET. Planting and educational initiatives will be carried out through NET, in partnership with DERM (Department of Environmental Resources Management), volunteer City ofMiami Page 113 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 groups, your offices and other volunteer groups, such as the Fire Benevolent Association, where we're going to identify homes of those who are elderly or disabled and eligible to have trees through the County's Adopt -A -Tree Program. As a matter of fact, yesterday we picked up 105 trees that we're going to be planting on the rights -of -way in the Coral Way area, in partnership with Public Works, the Shenandoah Neighborhood Association and CommissionerRegalado's office. To empower our elderly community, making them less likely targets of crimes and scams, NET and Police's Community Relations Division will hold lunchtime crime prevention workshops throughout our senior centers. These workshops will feature discussions with our CATE, or Crimes Against the Elderly officers, as well as the distributing of crime deterrent information and materials, such as steering wheel clubs, as available. One of NET's most important roles is that of conduit of information. We ensure that information crucial to our neighborhoods is relayed from our elected officials and administration to our neighbors and vice -versa. To help fulfill this role, NET has scheduled a presentation before the Zoning, Planning Advisory and Nuisance Abatement Boards so neighborhood concerns and realities are expressed throughout our hearings process. In preparation for and response to emergencies and threats, NET ensures that both the conditions of and challenges to our neighborhoods are brought to the attention of those with the resources to alleviate and address the same. This is done through pre -assessment in preparation for a potential hazard, assisting the EOC (Emergency Operation Center) during the actual emergency at both the City and County levels and post assessment to mobilize in the aftermath of a hazard or emergency. To enhance the same capability to mobilize, to prepare a response to potential hazard, NET and Fire Rescue are partnering to form and train CERTS, or Citizens Emergency Response Teams, with each -- within each Commission district. These response teams will work with our Fire Rescue and NET staff to aid our residents during said hazards. The applications are currently being disseminated through our neighborhoods and available at our NET Offices. Part of NET's daily business is to strive to higher and higher levels of cleanliness and safety within our neighborhoods. In partnership with Homeless Assistance, Police and Solid Waste, we conduct clean-ups Monday through Friday, as well as special weekend clean-ups in partnership with neighbors and volunteer groups. Last year we conducted 394 clean-up details, not counting those done in partnership with volunteer groups. To better document and follow through on requests for services made through NET, we have developed and are piloting a tracking system for resolved and pending requests for municipal services. We are doing this in partnership with our office of Citistat. Finally, NET is very pleased to partner with Commissioner Regalado, who has volunteered to chair our Domino Committee and bring this very popular and successful series of tournaments back to our residents. These tournaments foster cultural exchange among our diverse neighborhoods, as well as exchange with other cities which participate, such as Hialeah, West Miami, and Miami Beach. These are a sampling ofNET's daily community building activities and partnerships. We look forward to your leadership, as well as a continued and enhanced partnership with your offices on community building year-round. Thank you. Mr. Gonzalez: We understand that for us to be successful in accomplishing our mission, we have to make sure that our staff shares our values, and understands our mission and is equipped to carry them through. Over the past three and a half months, we have partnered with our Human Resources Department in order to assess our capabilities and the skill level of our people. As a result of this assessment, Dr. Nadine Medvin has prepared the following development plan. Dr. Nadine Medvin: Good afternoon, Commissioners. My pleasure to be here to join you this afternoon and the NET team. I'd like to begin by thanking you all for your support for training and development over the years. As a result of your support, we've made significant progress in being able to offer quality programs to all City ofMiami employees. To fulfill NET service mission, we recognize the importance of investing in our human capital through holistic and comprehensive training and development programming. Our strategy towards this end is what we call a guest relations approach to customer service. Simply put, this strategy involves transforming the delivery of services from impersonal transactional approaches to what we call more holistic, more personalized and more guest relations, hospitality oriented approach. Next City ofMiami Page 114 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 step, development goals will be focused on the following: Shift in core values of service and accountability, developing mission focus competencies, which will include technical, interpersonal, critical thinking and leadership skills. We'll focus on tailoring these development programs to the unique needs ofNET communities and the unique needs ofNET staff and addressing also long-term effectiveness needs will be focused on ongoing leadership development and career development enhancement opportunities. Examples of the curriculum. Ms. Morales will be passing out to you a handout, which summarize -- which will summarize the key areas. What you'll find is the uniqueness of this approach and plan is that all the curriculum areas will parallel the service delivery process, so in other words, each NET Office, each NET staff member will have a customized plan. The content areas, as you see some examples, will include guest and service relations, decision making, ethics, diversity, interpersonal communication, conflict management, technical skills and also stress management and wellness. We feel that a more comprehensive holistic approach that parallels the service delivery process will enable NET staff to become more accountable by empowerment. In other words, accountability is then achieved by empowering staff to become more fully engaged in community relations, solving citizens' problems and relationship building, one problem at a time, one relationship at a time. Thank you. Vice Chairman Sanchez: Thank you. Mr. Gonzalez: Thank you. To summarize, the NET's mission holistically focuses on enhancing the quality of life through Community Relations, problem solving, personal and professional assistance and staff development. We appreciate your time and look forward to enhance the City. Thank you. That concludes my presentation. Vice Chairman Sanchez: Thank you for the presentation. I believe that there's public guests that would like to speak on the item, so, therefore, we'll turn it over to the public and then we'll open it up for the Commission. Is there anyone from the public that wants to speak on this issue? OK. Please check in with the City Clerk. Also, before you speak, please state your name for the record. Yes, you're recognized. Dorothy Quintana: My name is Dorothy Quintana. I'm from Wynwood. I'm speaking for Wynwood. Vice Chairman Sanchez: Good to see you. We haven't seen you in a long time. Ms. Quintana: I've been ill, but I'm all right now. Vice Chairman Sanchez: Thank God. Ms. Quintana: I'm back to fight. I'm speaking not only for Wynwood NET, for (UNINTELLIGIBLE) all these communities. We need them very much. They help us in -- whenever we need any complaint, we go right to the NET program. If they take our NET program from us, we have to travel to come to you people to give you a complaint or to go to the City office, to go to the City Manager, or to go to the police station. We have it right next to us, so we can go right there. It wouldn't be fair to take that away from us. It's helping us an awful lot. They watch for us. Any complaint we have to do, we go over there. They've been doing wonderful with us. Please don't take that away from us because it's going to be very bad. Vice Chairman Sanchez: Thank you. Ms. Quintana: And I don't mean just Wynwood. I mean all neighborhoods. I thank you very much, and please remember, all of you, every one of my Commissioners and the City Manager, think about us, especially us senior citizens. We need them very badly near us. Thank you. City ofMiami Page 115 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Vice Chairman Sanchez: Thank you, and good to have you back. Luis de Rosa: I'm Luis de Rosa with the Puerto Rican Chamber, 3550 Biscayne. Remember, that's a 92 year old -- 95 year old young person talking, OK. (Applause) Mr. de Rosa: I mean, we should all live that long. I'll be brief and, you know, when -- first of all, the NET Offices provide an essential service for the business community, as you all know. The business community, for whatever case, you know, the long hours of working, their -- very difficult for them to take time away from their busy schedule. They find the NET Office as a humane office they can go to. They got code enforcement issues, permit issues, those type of things. It's very important for these offices to stay open, and I'm sure you all are going to support that, and these are hard working people. Maria, who just took over the Wynwood at East -- Upper Eastside, you're talking two offices there. I'm -- don't know -- I'm sure for Allapattah, another office also. They're hard working people. They deserve a lot of respect for that. Last but not least, she left out on her report the fact that the NET Office in the Wynwood area was instrumental last year in bringing in the police -- Puerto Rico Police Softball Team from Puerto Rico to play against the City ofMiami police. It was very well attended. Commissioner Joe Sanchez played. He was one of the homerun hitters for the first game. This year NYPD (New York Police Department) is coming down, so it's gone beyond the borders of the City ofMiami, and people are hearing the good things that are taking place in the City of Miami, and it's because of these officers and their staff that take time away from their busy schedule to make that happen, and I'm here just to lend support to them. They're doing an excellent job. Vice Chairman Sanchez: Thank you. Sir. Henry Mojica: HenryMojica with Rafael Hernandez Housing and Economic Development, and we would just add what Luis said. We were doing the Facade Program in Wynwood, working with the new businesses, bringing new businesses into the NET Office to qualify them for our programs. If these businesses had to go to downtown, it would take them probably a month before they decide to sign up for a CU (Certificate of Use) and Occupational License, but we bring them into the NET Office, it's taken care of in a short period of time, the same day, and it avoids having to lose some revenue -- add revenue to the City, so we really respectfully request that you keep the program of the NET Office open in Wynwood. Thank you. Vice Chairman Sanchez: OK. Sir. Patrick Whiteside: Good afternoon, Mr. Chairman, Commission. Patrick Whiteside, 780 northeast 69th Street. I'm the president of the newly formed Biscayne Corridor Chamber of Commerce. Many of you are probably familiar with the Upper Eastside Miami Council and the chamber is a business spin-off of that organization. I'd like to stand up and say that I think the NET organization is an extremely valuable component of our City's government. The NET Office provides personal access and interaction to the public and gives the government here in Miami a human face. Miami is not a small town, does not have a main street. The government is not a small organization. It tends to seem very imposing, very unfriendly and very unhuman. The NET Office gives the City ofMiami a human presence and a human feel, and it can best be described in one word and that is "access." It gives people access to the government. Gives them an opportunity to have their questions answered, to have their concerns addressed, and to be heard. In the next couple of years, the people on Biscayne Boulevard are going to be facing a massive road project. Potentially, it will put people out of business. People are going to need to have their questions answered. They're going to need to be informed. I get calls every day wanting to know what is going to happen. How is it going to affect them? I cannot alone answer all of those questions. The NET Office is going to provide a valuable service now and in the City ofMiami Page 116 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 future, and I would like to ask you that if you are faced with any decisions to make towards the NET Office to improve their services, that you do accept them and grant them those. Thank you very much. Vice Chairman Sanchez: Thank you. Is anyone else from the public? Hearing no one from the public, we'll open it to the Commissioners. Anyone want to speak on the item? Mr. Arriola: Let me say something. I don't know. I'm getting -- we're not going to close Wynwood office or anything. I mean, you know, if there's any feeling out there the contrary, you know -- Vice Chairman Sanchez: It's my understanding, they're in support. Mr. Arriola: Yeah. I mean -- Vice Chairman Sanchez: They're not here in opposition. Mr. Arriola: Oh, OK I know. It's just -- I might have misread that. If they think we're closing it, on the contrary, we're expanding it. I mean, not closing anything. Vice Chairman Sanchez: Any other Commissioners want to speak on the item? Chairman Teele: Thank you very much, Mr. Chairman. Mr. Manager, I -- there are several concerns that I have and I have really stayed away from NET in the five years that I've been here, but I am very, very deeply concerned about where we are with NET and particularly in the Model City area. This whole issue of code enforcement that, believe it or not -- and I have a clear difference of opinion from my dear colleague to my right, Commissioner Regalado, on the role of government and the role of NET. We just have a difference of opinion and that is, is that I really believe that NET and the City should be much more aggressive in protecting, particularly the residential areas from activities, commercial activities that are not legal, not sanctioned, et cetera, and particularly as it relates to construction that is going on. I have -- and every meeting that I meet in now with people in my precincts throughout Model Cities, there seems to be a concern that all of a sudden, there is a certain amount of unlicensed, unpermitted construction going on throughout Model Cities. I need to understand, does the NET Office have the responsibility -- what responsibilities does the NET Office have in that regard? Mr. Arriola: We have moved Code Enforcement out of the NET Offices, basically because of the same concern we had. I can show you the incredible progress we've made in the last 90 days, as far as all the illegal activities in all neighborhoods. We are -- our numbers are staggering, how many people we cited. I understand it's out of control. That's why we decided to put a very strong code enforcement. The NET obviously still acts as the folks that literally are our information centers. They inform Code Enforcement. They give the information, but the one thing we did not want them to have is for the NET to be involved in the actual code enforcement task. We have a Code Enforcement task that does it, but it's all filtered through NET or through information that our citizens give them. Chairman Teele: Mr. Manager, I'm not going to take issue with you publicly because I don't know if you know, but there have been instances where NET people have been told not to report certain things. Now, we need to be very clear. Is it the mission of NET to report code violations and will they be followed upon if they're reported? I mean, is there -- Arriola: Absolutely, sir. Chairman Teele: So every NET administrator understands that if there are code violations -- City ofMiami Page 117 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Mr. Arriola: Absolutely. Chairman Teele: -- in their NET -- as it relates to the three -- four areas that I'm concerned with, they are free to report it? Mr. Arriola: Not only free, they are obligated to report it. Chairman Teele: Is there any kind of follow-up system where they know the results and all of that? Mr. Arriola: Absolutely, sir. We're putting -- as a matter of fact, we don't have the program up and running yet. It takes a little while, but we do have the reporting system and they do have the availability to know where the violation has occurred, when the violator had been ticketed and what action was taken on the violator. Chairman Teele: The presentation this morning today leaves one clear question in my mind, and when you hear the public comments -- and you need to know a little bit about the history. NET, in my mind -- and this is a discussion that I had with ChiefMartinez when he was the Assistant Manager of the City, running NET -- and this went back and forth between Martinez and myself and I think Tomas and Joe know where I'm going -- what is the mission of NET? What are they suppose to do? I mean, I have the services here, and there are some questions about that, but we have NET Offices that were organizing sewing classes, that were having teenage pregnancy forums, classes, et cetera, et cetera. I'm all for everything that we're talking about, but what's the mission of NET? I mean -- and I don't think, you know, in a lot of cases, the NET people are clear on what it is they are suppose -- Mr. Arriola: Commissioner, I couldn't agree more. That's why you heard the presentation from our Human Resources folks. We're going through a very delicate and very extensive retraining of all our folks in all areas of services, from the way we freat our citizens when they come in to follow up, so I think that we're very aware of the problems we had in NET, and we're not only going through the process, but we're actually refraining every single employee we have in the NETs to make sure we accomplish that, and as -- you know, this is something that we've started, something that I'm real proud of the program that HR (Human Resources) came up with, and I think you will be seeing -- and you've seen results and you will see more results because people are becoming more friendly, more dedicated and more willing to help, and after all, the NET's mission really is to bring the government to the people and to serve the people, and that's what we're striving for and that's why we're going through this whole retraining process, to make sure that every NET employee understands that they are there to service people and I will never accept "this is not my job." Anything -- any complaint of a citizen walking into a NET office is a legitimate complaint, it's a legitimate need and they have to follow up on it, and I -- you know, unfortunately, things -- you know, we didn't have a master plan. I think we have a master plan and that's why to avoid mistakes, we're going to refrain every single one of our employees so they understand the mission and they understand the need of the community. Chairman Teele: Mr. Manager, two or three final points from my point of view. First and foremost, we bombard the public with all sorts of special meetings, all sorts of -- I mean, every department wants to have its own meeting on whatever. I had a big fight with Keith Carswell and Barbara Rodriguez, both of whom had very important issues, but neither one of them were really coordinating together to talk to the same people in the district. Mr. Arriola: Absolutely. Chairman Teele: OK, and they worked it out beautifully, and they had one meeting. They shared the postage costs, et cetera, et cetera. The concern that I have is that most of this should be coordinated, particularly when you're talking about neighborhood meetings, through the NET City ofMiami Page 118 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Offices. Mr. Arriola: I couldn't agree with you more. Chairman Teele: The whole CDBG (Community Development Block Grant) program, et cetera, linkage should be a linkage through NET to some extent. In looking at all of the service areas -- services that they're including, there is no reference to community development kinds of activities. There's a reference to promoting economic development, which that's just one aspect of the community development focus, but I really do think that we need to try to tie that in, and this is where I am on the specific issue, as one or two of the people from my district came up this morning and talked, or one lady talked about a homeless person or something who they defined and described in detail at Ms. Rodriguez' Community Development meeting, yet nothing has happened on it, you know, and it's all there. It's all in the public record, yet, the NET Director, you know, did not come to the meeting, and I would very much -- well, it's my intent, as a part of the budget process and a part of the annual process, is that NET Administrators and the NET Director needs to attend each of the City Community Development five district meetings. I mean, we can't tell people who come to a meeting, oh, you can't talk about that because it's a CD issue. You know, you have to wait and talk to the NET, and I -- Mr. Arriola: I agree with you. I couldn't agree with you more. We talked about it last time. It's a very clear message. They will be there, and again, I have re-emphasized with them that they are the eyes and the ears of our City and they have to participate, not only participate, I think they need to be the organizers and the driving force behind all City initiatives when it comes to neighborhood services, sir. Chairman Teele: Mr. Manager, the final issue is this: We take government, we take the City like we found it. When I came into this City, at least one NET Office didn't even have an office. The police were writing their reports in cars. I mean, you know, we're talking not about 1954 or 1930s, we're talking about 1995, '96. We have had for too long too many vestiges of two cities, two communities. In my -- in the NET area that I'm pleased -- in the areas that have NET that I represent, we have three NETs that need buildings right now. Mr. Arriola: Yes, sir. Chairman Teele: The City has said it. You know, you go to some NET Offices, they look like palaces, and if NETs are City Halls -- are mini City Halls, they're really a reflection of the City's commitment to the community. I don't think it's a coincidence. I don't think it's an accident. I don't think it's your fault or my fault, per se -- it's my fault now -- that there are three NET Offices in the district and all three of them don't have an office, you know. In Little Haiti, I don't need to describe, you know, the temporary -- it's not -- it doesn't even meet our own City codes. Mr. Arriola: Oh, I know. Chairman Teele: I mean, it's a totally non -compliant office. Mr. Arriola: I agree. Chairman Teele: Overtown, we have a similar situation. Can I get a commitment from you that at least in the three areas that we need to get these offices built, that we can get it done on an expedited basis, without a whole lot of discussion going back and forth, and would you agree to work with me, please -- Arriola: Absolutely. Chairman Teele: -- to get these three NET Offices -- City ofMiami Page 119 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Mr. Arriola: Absolutely. Chairman Teele: -- identified and built? Mr. Arriola: Absolutely. As you know, in Little Haiti, they're going to have a beautiful NET Office one day. We need to, you know -- but I'm embarrassed, too, you know. Listen, I started working with Commissioner Gonzalez on Maceo Park over seven or eight months ago and, you know, I'm hearing today it will be next summer before we have it finished. I'm not happy about that. I'm very unhappy about that, because we've gone through a lot. Now, obviously, when that's finished, it's going to be gorgeous. Same thing with -- in the Little Haiti. When that's finished, it's going to be fabulous, and we're trying to get to a couple offices. It's an embarrassment. Half of the -- I would say more than half of the NETs are now -- poor Wynwood, you know. You saw what happened in a building we had just fixed. The roof collapsed and we're going through the problem, but it is a top priority. I promise you that, that we're going to make these NET Offices look like the City ofMiami and represent the City of Miami properly. It's not in the back burner. It's on the front burner and I think it's something that we must do. It's an obligation. Chairman Teele: Finally, Mr. Mayor, I think the services that NET are providing are just -- you know, I really think there needs to be some focus, but -- because Code Enforcement has been taken out, but still there is this need to inform the citizens of issues. There is no representation in this mission, at all, of providing information and -- as to what the City's rules and regulations are. This is a very unique problem in Little Haiti. We need an aggressive program -- Mr. Arriola: Sure do. Chairman Teele: -- to inform the public, a public information program in that area, and we got so much mix and match. The one thing that I do ask, and I know that I've heard other Commissioners say something about this, this special events stuff. The NET Office needs to coordinate with the disfrict Commissioners before they start planning anything, because they plan things -- I mean, you know -- Johnny -- Commissioner Winton is not here right now, and I would hope that no NET Office is planning something, for example, when he's out of town, but they don't coordinate with us -- Mr. Arriola: I couldn't agree with you more. Chairman Teele: -- in this area, and I -- the next time something is planned in my disfrict, I'm going to bring it to the Commission and we're going to basically go through the "Who Struck John" on how this stuff is going, because the special events stuff is cropping up in conflict with other Commission activities or in conflict with meetings, et cetera, et cetera, and I would really hope that this planning and promoting of special events is something that the NET Offices will do in coordination with the various disfrict Commissioners, as well as all the other community organizations that be, because it really is creating more problems than it's solving. Mr. Arriola: I couldn't agree with you more. Chairman Teele: Thank you. Mr. Arriola: I couldn't agree with you more. Vice Chairman Sanchez: Commissioner Gonzalez. Commissioner Gonzalez: Let me ask a couple of questions. How are these NET Offices staffed now? How many people do we have at each NET Office? Can I have any of the NET directors - City ofMiami Page 120 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Mr. Gonzalez: We have a service center rep and a service center aide in each office, and an administrator in all, but two offices. Commissioner Gonzalez: So, actually, what we have is three bodies in each office, right? Mr. Gonzalez: Yes. Commissioner Gonzalez: And with three bodies, you expect to do everything that you presented to us? Mr. Gonzalez: Yes. Commissioner Gonzalez: Well, let me tell you, I've been having problems with this NET reorganization ever since it was planned, ever since it was presented. I remember, NET Office -- the NET Offices used to have a component of the Police Department, which was deleted from the NET Offices, something that I was against because I knew it was going to create an increase in crime, and, in fact, in Allapattah, it happened. I don't know what happened in other neighborhoods, but it was automatic. They remove the police officers from the NET Office and, boom, there goes crime. We had the Code Enforcement inspectors. They were removed because they want to centralize the Code Enforcement inspectors, something that I'm having to -- I'm starting to have serious problems and serious concerns, and I know you're not in charge of Code Enforcement, but now that we're discussing the issues of the neighborhoods, I have a section in my neighborhood, which is from 7th Avenue to 12th Avenue, from 29th Sfreet to 36th Sfreet that I took some people on a tour of my district last Tuesday or Wednesday and I was ashamed of what I saw, and I don't understand how I can see what's going on in that neighborhood, and our employees and our inspectors can't see it and can't take action on that. I saw an abandoned house with all the windows broken. It took one of my staff people to go inside the premises and check out the place, and make a report so the house be secured, to avoid people selling crack and prostitution and everything else from that property in that neighborhood. I reported an illegal construction -- my office reported an illegal construction. It took three trips from the inspector to the place. I was told that there was no illegal construction happening, and my office said, yes, there is illegal construction happening. They keep insisting there was not, and finally, they confirmed there was. I reported with -- my office reported some illegal units, a property that was advertised in the newspaper as an income property on a residential area. We reported that and we were told that, in fact, there was no illegal units in that site, even though it was advertised in the newspapers, even though a person from my staff, from my office that knows the neighborhood confirm it, we were told that there was not an illegal construction in that site. I don't know how this is going to function. We're hearing complaints. The neighborhoods are starting to complain. They're showing their dissatisfaction of what's going on. Basically, what has been done is that the NET Offices have been disassembled. NET Offices that used to have maybe 10 people in it, now have three persons in the NET Offices. I believe that the next step -- and I'll tell you right now -- I believe that the next step -- and we will see it because I think God is going to be good enough to let me see it -- the next move is going to be to start cutting our NET administrator positions and shutting down NET Offices. That is going to be the next move. Vice Chairman Sanchez: Sorry? What -- Mr. Arriola: Let me go on the record right now, Commissioner, because I -- if it makes you feel any better, it won't go as long as I'm here. There will not be any cut in the budget. As a matter of fact, I'll probably ask for more budget as we grow the NET process. I have no intention of cutting anybody. I don't have no intention of cutting a single NET Office. In the contrary, I think we need to, as we retrain people, as we make people more efficient and more conscious, we need to increase the presence, and then -- going back to Code Enforcement, even though that City ofMiami Page 121 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 was not the subject, you know that we have gone back and we are also refraining all our Code Enforcement because I would tell you -- and you know this better than anybody that quite a large amount of our Code Enforcement people did not know Code Enforcement, and you know, we have to -- you know -- and I'm not proud of that. I'm kind of ashamed of that, but we're going back and refraining them, butt would also tell you that, in the last 90 days alone, since we've started going through the process, we have some cases doubled and tripled the amount of people that we are citing for illegal construction, for illegal units. We're bringing them into -- now we're fining them for first -- for their first time ever. We're going after them. I would tell you that, in license fees alone, from January 1st to today, we have collected a hundred and twenty-five thousand dollars. That's never been done before in the -- Commissioner Gonzalez: You collected a hundred and twenty-five thousand dollars from what, on licenses? Mr. Arriola: Yes, that we're -- you know, and -- I mean, it is a part of the Code Enforcement. Commissioner Gonzalez: Where do they come from, from the bar operations or -- Mr. Arriola: No. Actually, sir, from some of the same stuff you're talking about. We were never out there checking, so they were not paying, and we have collected an additional hundred and twenty-five thousand dollars as of January lst. I mean, that's real. We have also put-- we have -- in just in the bar and restaurants that we had zero last year, as you know, we have fined a hundred and thirty-five thousand dollars worth offines to those illegal places. You know, this is just a process that we have started heavily and you've been involved in it since the beginning of the year. We're going out there as fast as we can. We have inspectors out on Saturdays for the first time ever. We have cited several illegal constructions on Saturday, but, as you know, I mean, this is a big City that was pretty much in a free-for-all and it's just taken a little while to reel them in, but the folks in Code Enforcement, as they go into their retraining, they are becoming a heck of a lot more aware of what's going on and they're -- and you know we're pushing real hard for them to do this, but really, in 90 days, I think the progress has been phenomenal. I'm not happy with what we're doing. I'm not anywhere near where I want to be, but if you were to look at progress -- and we're talking about progress in 90 days just by the amount offines, the amount of illegal construction we find, the amount of people we're bringing into zoning compliance and, it's stunning. I mean, it's not like 10 percent or 20 percent. We're talking 100 and 200 percent at times, and it's not going to stop. It's going to continue, but it is a process. I mean, as you know, we have -- I think it was, last time I checked -- 684 illegal units that we have identified. We have gone out and fined about 180 of them and we can continue to (UNINTELLIGIBLE), but it's not easy, and the attorney will tell you, we're bringing them. We're bringing them in. Come to the meetings, that you've been in some of these meetings. We've got to line them up, and we're going to fry to clean them up, but it's not easy. It's not easy. It's not an easy process to come in. Commissioner Gonzalez: Well, since we have done so good in the last -- Mr. Arriola: No. Commissioner Gonzalez: -- 90 days, I would like to have a report in my office -- Mr. Arriola: Yes, sir. Commissioner Gonzalez: -- of the improvement that we have had in Code Enforcement in my district especially -- Mr. Arriola: Yes, sir. City ofMiami Page 122 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Commissioner Gonzalez: -- in the area Allapattah. Mr. Arriola: Absolutely, sir. Thank you. Commissioner Gonzalez: And I just want to make sure, once again -- it's going -- this is going to be the loth time, that maybe I have said it 50 times -- I want to make sure that West Little Havana, which is part of my district, have a NET Office. I want to make sure of that. You see, we have gone through this argument. We have gone through maps. We have gone through photos. We have gone through schematics. We have gone -- Chairman Teele: I thought -- Commissioner Gonzalez: From the beginning, they've been talking about -- Chairman Teele: I thought the presentation was today, if it does have an office. Vice Chairman Sanchez: It does have it. Commissioner Gonzalez: Yeah, but they say -- Vice Chairman Sanchez: They're combining the east and the west and the neutral -- Commissioner Gonzalez: But they say -- they said they're going to have 13 offices, but they're only going to have 11 administrators, so I don't know how they used to have 13 offices with 13 adminisfrators. Now, they're going to have 13 offices, but only 11 administrators, so two adminisfrators are going to disappear. Chairman Teele: Well, who's the other one that disappeared? Commissioner Gonzalez: One already disappear. Chairman Teele: Who was that? Commissioner Gonzalez: One -- they already took care of one. I don't know who the next one in line is, and I don't really care. Chairman Teele: I do. Commissioner Gonzalez: Because it's not about personalities. I don't really care. Chairman Teele: Wait a minute. Commissioner Gonzalez: You know, if they decide to fire the entire City ofMiami, that's their problem. Chairman Teele: Angel. Commissioner Gonzalez: That's his problem. That's his priority, OK? I'm talking about service to the community. Service to the neighborhood. Chairman Teele: Commissioner, would you yield, please? Commissioner Gonzalez: Yes, sir. Chairman Teele: Mr. Manager, if -- if-- we're going from 13 NET adminisfrators to 11. I did City ofMiami Page 123 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 not hear in any point in the presentation that we are reducing two NET adminisfrators. Is Commissioner Gonzalez correct or is he incorrect? Mr. Arriola: You know, in Coconut Grove, we have a very unusual administrator, which is Homer. Homer could take care of by the way, not of two adminisfrators, I think that man could probably take care of my job and then some, so what we've tried to do is combine and become more -- a heck of a lot more efficient. I don't think that the administrator -- we need an administrator for large areas. We're there, but when one butts with the other and -- precisely the case of Homer. He's delighted -- he's not complaining about being overworked. He feels that he's taking care of the situation. Chairman Teele: But, Mr. Manager, I don't want to discuss personalities of personnel. All I'm trying to understand is that nowhere in this presentation today have I understood that we were reducing from 13 NET administrators -- Arriola: We've said that all along. Chairman Teele: -- to 11. Well, I'm slow -- Mr. Arriola: I'm sorry. Chairman Teele: -- and I don't get it sometimes. May I inquire as to who the second NET or where the second NET administrator is that's being reduced? Mr. Gonzalez: Yes. The Upper Eastside will be staffed with a service center rep and a service center aide. We're working a partnership with the Biscayne Corridor. The gentleman who is sitting behind me is the head of that Chamber, and that office will report to the Wynwood office. Commissioner Gonzalez, in response to your question, we have 10 administrators today, so, in essence, we will be -- we will have to hire -- Commissioner Gonzalez: So, as a matter of fact, you have reduced three. Mr. Gonzalez: Excuse me? Commissioner Gonzalez: And let me tell you, it's not about personalities, once again. The last meeting that we had in my office -- and if you want -- Frank, would you bring my books from West Little Havana? Bring all the copies here, because I talk with facts. I don't talk with beautiful presentations. I talk with facts. The last meeting that we had in my office about the West Little Havana NET Office, I pull out three copies or four copies, this big, of complaints in West Little Havana that my office, my people in my office, my staff responded to those complaints, and I show them to you. I show you the original complaint, where we sent one of my staff to the area. We show you the pictures that were taken of the complaint, the hole on the street, or the tree falling or whatever, and then we show you an after action report when the problem was taken care of and I told you, look at the amount of complaints that got from this area in one year. Over 400. That's why I emphasize that it is so important that you don't touch the West Little Havana NET Office, and still you're doing it, so I don't know how do I have to talk, you know. I have to say, do whatever you want and then I'll do whatever I have to do. I mean, you do whatever you want to do and then I'll do whatever it is in my power to correct whatever you want to do, you know, because -- Chairman Teele: Mr. Chairman. Commissioner Gonzalez: -- I don't know how many times we have to go. I went through this with the prior director, whatever his name was. The guy that had that fainted talking to us. I had that same argument. Look, these are complaints -- City ofMiami Page 124 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Commissioner Regalado: You want to read that? Commissioner Gonzalez: -- in my office, in West Little Havana. Answer by my staff and by myself personally, not by the NET adminisfrator. 2,003 complaints in my NET area, and I have the same thing from Allapattah and I have the same thing for Flagami. I got them divided by zone, so this is it. Remember this? Remember this? Mr. Gonzalez: I remember. I also remember -- Commissioner Gonzalez: Remember the meeting, right? Mr. Gonzalez: Yes, I remember the meeting. I remember during that meeting, we had a conversation about the condition of the office on 22nd and Flagler, which is one of the reasons why we're not going to have a presence there anymore. Commissioner Gonzalez: Right now, the first person that brought up the condition of the NET Office in West Little Havana was me. You wasn't even here in the City. I don't think, at that time, you even dreamed to work for the City as an adminisfrator, butl took the Manager -- and I think it was the Manager -- I took him to that place and I show him the place, and I told him, do you think this is something decent to be an office of the City ofMiami, representing the City of Miami to our taxpayers and to our citizens? No, definitely not. When are we going to take care of it? We're going to be taking care of it soon. As he said, we were promised that we were going to have a building for the NET Office in Maceo Park, and he says eight months ago. No, it wasn't eight months ago. It was more than a year ago when we inaugurated in Maceo Park. Time flies and we don't realize it, but it's been more than a year. Now they say it's going to take another eight months. Listen, I don't care where they are. I want the place to be clean, the place to be presentable to the public, to those people that are sitting out there and to the ones that are watching on TV, that pays our salaries, that pay taxes so we provide them good services. What we're doing is we're eliminating one office. We're eliminating one adminisfrator. I don't know, you know. Do whatever you want to do. Whenever I start getting complaints, then I will do whatever is in my power to correct the situation. It's that simple. Vice Chairman Sanchez: Commissioner Gonzalez, you and share the West Little Havana NET Office. It is my understanding that both offices are being combined together and they're moving to an almost brand new building on, I believe it's 13th and -- Commissioner Gonzalez: Joe, you know -- excuse me. You and I are going to have a difference to that. You cannot tell me that your NET administrator from East Little Havana, who's sitting here now, Canton, can take care of the problems that he have now in East Little Havana, and at the same time take care of these problems in West Little Havana. It will take Canton and a full staffNET, full staffNET, with Code Enforcement inspectors, with policemen and with everybody, OK, it will take him two years, working day and night, to clean up that area, and you know it. Vice Chairman Sanchez: I'm not going to dispute that. Commissioner Gonzalez: It's the same problem that had in Allapattah, that still have in Allapattah. It takes a full complete office of people that's staffed with police, that's staffed with inspectors, that's staffed with everybody to clean up the area and bring it up to the same standard of other neighborhoods in the City ofMiami. Vice Chairman Sanchez: Commissioner Gonzalez, I'm not going to dispute that, but some -- the changes that are happening now, I think it's a step in the right direction as to moving them out of that place that you, and I have not felt that has been an adequate place to be in. City ofMiami Page 125 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Commissioner Gonzalez: I don't agree to that. Vice Chairman Sanchez: OK? So, as they move out to the new building, which I think it's a very respectable -- it's a brand new facility. I think it's going to be big for both of them. They're going to have ample room. Then the issue of staffing could be later addressed. I mean, that's just my opinion on that. I don't want to get into debate on it. I will say what have to say on this issue at the end, being that I'm chairing it now. Out of protocol, I'm the last, but, you know, we'll address that issue later on when we get to it. Are you done with your -- Commissioner Gonzalez: Yeah, I'm done. Vice Chairman Sanchez: OK. Commissioner Regalado. Commissioner Regalado: This is a draft, right? Mr. Gonzalez: Yes. Commissioner Regalado: It hasn't gone to print? Mr. Gonzalez: No. Commissioner Regalado: And you mentioned twenty-five thousand copies. Mr. Gonzalez: Twenty-five hundred. Commissioner Regalado: Twenty-five hundred copies. Mr. Gonzalez: Initially, yes. Commissioner Regalado: And what is the purpose of this, having this at the NET or -- Mr. Gonzalez: No. To distribute them throughout the community. Commissioner Regalado: OK Twenty-five hundred? Mr. Gonzalez: Throughout the City. First print will be twenty-five hundred. Commissioner Regalado: OK I think this suggestion, this should be simpler and more informative to the resident. While you all were discussing other issues, one of the most common things in several areas are the dead animals, and what you say here is the Solid Waste Department removes dead animals. For dead animal pick up, please call Solid Waste at this number, extension, so forth. I just called and I -- first got the main number, the menu, and then I dialed 94, and there was a recording, who was telling me that nobody's there, but this is the department that pick up dead animals. At the end of the call, leave details. We'll get back to you. Then there is the cable administration, people that have problems with Comcast in the City ofMiami, and our 24-hour cable line at 305-416 or e-mail us, whatever. I just called here, too, and I got a recording that told me that needed to call 1-800-568-1212. I'm saying this because if what we're trying to do is to do an office that is people friendly, then we should dispense with all this information and we should have a form. People come into NET. Do you have a problem with the cable or do you call? We'll write a complaint for you, you know. My cable went off at 9 p.m. last night. Where is your address? Whose name is the account under? Thank you very much. We'll take care of that. If you have a dead animal, where is the dead animal? You know, we will take care of that. That is the only way to be people friendly. I think that there's no need for some of the information that see here, and we should be more graphic, more simple. We should have information that is needed in the day-to-day operation. Well, one thing, you know, City ofMiami Page 126 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 the phone number of the Department Directors, you only should have here the phone number if you want to do it. I don't think that there is a need to it. Don't put any names, because I'm seeing two names here that are no longer here, so -- and this hasn't gone to print yet. My point is that if we're going to distribute this, first of all, you should identify the five districts of the City ofMiami, with a district Commissioner and the NETs that serve their area, so the people will understand the relationship of this area Commissioner with the NET, and then reduce the volume of information and say what the NET Office can offer you. If -- and it has to be graphic. Garage sale. You do need a permit for garage sale because, by the way, 90 percent of the people of the City ofMiami, and for that matter, Dade County, thinks that nobody needs a permit for a garage sale. We had a discussion three years ago about the price of the garage sale, and I don't know still how much is it, but it was very complicated and three dollars for processing and thirty-eight dollars or whatever. You know, if you make twenty bucks in a garage sale, it's not worth it, so people won't go. The other -- and the most important issue in terms of a garage sale -- and this may seem trivial, but it's not -- is that people should be informed that, one, well, you know what, forget about paying the permit. The permit is free. We just want you to come and get the permit, so we can tell you this thing. Number one, when you go to Coral Way and 27th Avenue, one of the most transient intersection in Miami -Dade County, on a Saturday, at 7 a.m., do not place a huge cardboard box in the middle of the median saying, "garage sale, " that address and that address, with a huge rock and then forget about it, and that thing is there on Sunday and Monday and Tuesday. Number 2, do not use nails to paste your signs in trees, on the banyan trees in the median of Coral Way, or for that matter, in every tree in the City's right-of-way because it will be -- not only you're damaging the free, but it's pollution that people really resent, and that's an eyesore for the people. What I'm saying is, try to simplify. People have a problem with their cable, let's fill some application. I would tell you, I think that -- and I keep saying this -- people will continue to report to the NET all the Code Enforcement violations, all the things that they see, no matter what you do, no matter what you fry to educate, people will continue to report those kind of things, and people should not be sent to another number, because that is the worst thing that -- in Spanish, they call Peloteo. It's, you know, call here, call there, call this number, and then finally, you get a voice mail. Mr. Gonzalez: And, Commissioner -- Commissioner Regalado: And, you know, people are used to call their elected officials, no matter whatyou do, no matter whatyou publish, no matter whatyou say, no matter the cards that you distribute, people will call their elected officials because it's the only person accountable to them in terms of rewarding or punishing. People call the Mayor's office. People call the Commissioners' office. That's why I'm suggesting that you identify more the districts in this area, and the last thing that I have to say is, you know, a NET administrator is -- has the responsibility that he or she wants to assume, that through the imagination, through the work, through the will to do things, you can do wonders or you can just stick to your 9 to 5 work. I would have to say that the two NET administrators in District 4, not only me, but my staff but the people in the area are very, very happy with it. Haydee Regueyra and Fausto Callava, and why? Because they just need to be proactive, and they are, and we cannot wait for a crisis. We need to pre-empt a crisis, and that is why I think that the NET Offices should mirror the district. It is important that they understand the district, and that's to the point of Commissioner Gonzalez and Commissioner Teele, because a NET administration should know the area, should know the issues of the area, and should know the cultures of the area, and should know the people of the area, so, you know, I think that NET Office should become information hubs and expedite complaints of the people, so when people call or leave the office, they feel that they have accomplished something and not leaving with just a phone number and call this other number. That's all, Mr. Chairman. Vice Chairman Sanchez: Thank you. Mr. Gonzalez, let me just start off by saying that I am a big supporter of the NET concept, although it's not in the past has been well defined as to the service it provides. I am glad to see that you have taken the leadership along with your staff to implement changes that were so needed in the NET Offices. I happen to be blessed with the two City ofMiami Page 127 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 individuals that have that serve my area. That's Haydee and Pablo Canton, and Fausto, who doesn't, but he's always there to help, to lend a helping hand. When I say that NET was not well defined, NET was always sold as a concept where people could walk in and be the link between government, because we have the MRC (Miami Riverside Center), a big building where people tend to be frightened, walking in a big building with so many floors, and having to go to certain floors, and other past experiences they probably had in the permit -- that's another issue we'll address one day, but, you know, the service that we provide to the residents -- and there are so many -- in the past, NET was not well defined. NET now has gone to the concept of thinking outside the box, and I think that is very good to think outside the box. Why? Because there are a lot of issues that NET could address that we at the end of the day don't end up having to deal with. Of course, the complaints come to me, and they go to the NET, but, really, they should go to the NET Office. They should be taken care of there, and then if anything, we should be the ones following up on the complaint. I do want to tend -- one thing that my colleague, who I have the utmost respect for -- Gonzalez said about Administrators and the numbers that are there. Although I tend to agree that ten, for me, I think it's a good number. We don't need to be focusing on more NETAdministrators. We need to be focusing more on staff to provide the necessary services for those areas, because we continue to grow. The City continues to be blessed by the ability to grow vertical, and we're doing that; one point three billion dollars just alone in planning and permit of new projects that are coming. We are going to continue to grow, so we need to address those issues, and the only way that we address those issues are exactly what we're doing here today -- opening the way and accepting changes, so if we don't do this now, there's an old saying that says, pay me now or pay me later, and that's an issue that -- worries me a lot. We're going to continue to grow. We're going to have to continue to provide services, and we need to focus on, once again, providing the best possible services that we could provide, maximizing that service, and then minimizing the cost of that resource. That should be a part. I'm very content with your mission, and I think that NET goes outside of its mission when it comes to a lot of these issues. NET Administration doing all of these activities, fests and stuff it's great. You're there to link the community. Whether it be my district with other districts, that's perfectly fine. Here's the problem that have, and it's not even pertaining to NET, because, once again, I believe in the concept. I think these changes are proactive to better efficiency in the service that we provide. The problem that we have when it comes to the services, I think that we, as a government, do not take the betterment of the City as responsible as we should. Let me give you a perfect example. When someone drives down the street and sees trash, whether it be a citizen that contacts the NET Office or it's a Public Works person who's driving, or it be a police officer, or it be Rescue, that person, for the betterment of the City, should take the initiative to make that necessary call to start the change of process to clean the community. That's a big problem we have here. They pass right by it, and guess what? It's not my problem, it's NET's problem, or it's Public Works' problem, or it's Police's problem, or it's Fire, or it's the Commissioner's problem, and that's something that we can't have, so focusing on the changes thatl see here -- and, of course, once again, we're human beings. We are not too receptive to changes. There's a saying that we're -- human nature is that we're creatures of habits, and any time that we're doing something for `X" amount of time and it's certainly changed, it's an inconvenience. We have to be very patient to accept those inconveniences that are facing our way, so we could meet those challenges in the future, and I think that we're heading in the right direction. We just have to give it time to make sure that if we all work together, we can make the NET Offices a much better place than we are, butl am very pleased with the changes. It's not perfect. It will never be perfect, but we have to work as hard as we can to make it the most perfect service providers that we have in the City, which is NET, and it's a key resource, because you basically represent and you are the link, the gateway, the extending hand of help to people who walk out of their house, or walk into a NET Office, to whether it be buying a garage permit or it be a serious issue pertaining to a Code violation. I just wanted to state that for the record, and being that I'm having the honor and privilege of chairing the meeting, I'm the last one to speak -- Chairman Teele: Mr. Chairman, before you do -- City ofMiami Page 128 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Vice Chairman Sanchez: -- and I will pass it on. Chairman Teele: -- I have a series of motions. Mr. Chairman, I would like to move for a non -binding straw vote on the decision to move NET -- to move Code Enforcement from NET. I don't think we should tamper with it, but think the Manager needs to know where we stand. I want to know where the Commission stands, so I am moving a non -binding sfraw vote in opposition to -- or let me put it in the positive -- supporting that NET include Code Enforcement. Vice Chairman Sanchez: Include or separate? Chairman Teele: Include Code Enforcement. Vice Chairman Sanchez: OK. Commissioner Regalado: Put it as one department, right? Chairman Teele: As one department. Commissioner Regalado: OK. Chairman Teele: IfI don't get a second, it dies. Commissioner Regalado: I second. Chairman Teele: For discussion. Mr. Manager, I have no intentions of trying to do this. I think you're the Manager. You need to try to figure out how this works. The numbers that you are reading off in terms of collections are impressive, but everything that hear from the people that I represent, they're very uneasy, and they're uneasy, I think, in some part, because in Overtown and in Model City, where I've heard a lot of the complaints, primarily in Model City, apparently, the NET staff is under the impression that they can't do Code Enforcement in the sense of reporting it, and following up on it, and making sure -- and I'm not pointing any fingers at anybody, but I'm uncomfortable with it, because a lot of my citizens, particularly in the residential areas are very, very uncomfortable. They say they have never seen the amount of wholesale, unauthorized, unlicensed contractors working throughout the neighborhood now in Model City and to some extent, in Overtown so -- Mr. Arriola: Commissioner, you know, again, numbers and data don't lie. I will show you data that we have twice to three times the amount, so, you know, I don't know how to answer that when facts do not agree with that statement. Chairman Teele: I'm not -- Mr. Manager, all that I'm suggesting to you is that I'm very uncomfortable with the NET losing the Code Enforcement in the district that represent and I'm not -- Mr. Arriola: But they have -- Chairman Teele: -- I'm not -- Mr. Manager, I am not at this point urging, nor am I attempting to ask that the issue be redone. Vice Chairman Sanchez: It's just a sfraw vote. Chairman Teele: I think you need to know how I feel, and I would like to register it on the record how the rest of the Commissioners feel, and then we'll review this in a year, or two years or whatever. City ofMiami Page 129 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Vice Chairman Sanchez: The item is under discussion. Any Commissioner want to address the issue? Commissioner Gonzalez: I have no comments. Vice Chairman Sanchez: I have a comment, and it's something that has been brought forth here as -- I think it was the "Kingdom Syndrome, " Commissioner Teele, that you brought out with -- Chairman Teele: Kingdom. Vice Chairman Sanchez: --Administrators fall in a place and they've been there for so long, and they know everybody, and, you know, you tend to somehow -- Chairman Teele: Kingdom building. Vice Chairman Sanchez: The Kingdom issue or syndrome. Not that all, but what happens with - - when you put these Inspectors in these areas for the longest time, you know, they build up that thing where they know people in the community, they know all the developers and all the construction people, they know all these people, and really, you interfere with the enforcement process, because you get to know people, and it becomes, you know, hey, you got a violation -- which I believe there should be steps towards -- you have a violation, you're going to have a warning, then you go into a fine, and then you take it to another level, but I think you get in a situation where people become too friendly, they be -- they know the environment, they know the players. It becomes politicized, and therefore, you impede the process or the mission that that Code Inspector has, and separating them and having them -- just when they separate them and put them in one place doesn't mean that it doesn't work -- they don't work in the entire City, but when you put them to one place only, then I think it has a more negative effect than a positive effect, and, you know, I thought about this, because I've heard the base from both sides. I've had NET Administrators that have talked to me, either in a positive or on a negative. I've also -- Management has also discussed it back and forth. I have asked the public, and really, you know, I consider it a flip of the coin when you look at the pros and the cons. Do they still serve the community? Yes, they do, the entire community. You just don't put them in a specific area where those individuals -- and to be honest, there are people that work in construction that work only certain areas, and then they get to know those people. The contractor knows the plumber, and the plumber is a friend of the -- and that's where the problem comes in, so I just want to caution you on that, because I've stated it here. We should have done this a long time ago, and we should have gone out with Code Enforcement and focused on occupational license and -- what's the other one? Occupational licenses -- Unidentified Speaker: Certificate of Use. Vice Chairman Sanchez: -- and Certificate of Use, and I guarantee you, there's not a hundred and sixty thousand dollars. There's about a -- maybe one point five to two million dollars out there that people that buy a business, or one goes out of business, I buy the business and I'm still using the other gentleman's license, so the resources are out -- they're just going out there and enforcing it, to make sure that we enforce the law and we generate revenues for the City. Once again, my priority is enforcing the law, not bringing resources to the City. There are pros and cons on that. I just want to caution you on that. Chairman Teele: Joe, I want to just say one thing, Joe. I agree with 100 percent of everything that you've said. I don't disagree, and I think there is an inherent danger in leaving not only Code Enforcement, but NETAdministrators -- and that's why this conversation -- when you all start talking about the super NET Administrator, that's a dangerous conversation, folks, because I'm telling you, all you're doing is empowering somebody to feel that they are the lord of the City ofMiami Page 130 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 kingdom of that area, and no NET Administrator should ever be in a position, in my judgment, where they take such ownership that they can't be moved, and nobody can talk to them, and people start coming down and saying don't do this, and the same thing is true of police, but I'm responding not to that issue. I'm responding to the issue that the homeowners and people who are used to picking up the phone and calling NET in the district -- particularly Model City and to some extent, Overtown -- are saying they are being told, call this number, call -- and I think it may be a fraining issue. I don't want to -- you know -- Vice Chairman Sanchez: I think it's a fraining issue to be honest with you. Chairman Teele: It may be a combination of things, but think -- you know, I want to be on record as saying to the Manager, I think we need to be very careful about this, and we ought to move cautiously, and if nobody -- you know, if nobody agrees with it, fine. If five people agree with me, four people, I'm still not going to fry to change it, butl think the Manager needs -- and the Management need to know how the majority of the Commission feel. Vice Chairman Sanchez: Point well taken. Mr. Arriola: You know I -- can I -- I gave you some misinformation. I told you that a hundred and twenty-five thousand dollars -- Vice Chairman Sanchez: It better be the last time. Mr. Arriola: Yes. -- that was not from December until now. That was just in four weeks, we have collected a hundred and twenty-five -- collected, in the bank, a hundred and twenty-five thousand dollars. That would have gone -- Chairman Teele: As compared to how much last year? Mr. Arriola: Pardon me? Chairman Teele: As compared to how much last year? Mr. Arriola: Zero. Vice Chairman Sanchez: All right. So there's a motion -- Mr. Arriola: These are new applications, sir. Chairman Teele: Roll call. Vice Chairman Sanchez: There's a motion and a second. Madam Clerk, roll call. Chairman Teele: It's a straw vote. Commissioner Regalado: No, I know, I know but -- Vice Chairman Sanchez: Madam Clerk. Commissioner Regalado: But think that the collection is the thing that we need to do, and that's -- Chairman Teele: Yeah. Commissioner Regalado: I mean, we didn't do it before, but that doesn't mean that they deserve City ofMiami Page 131 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 a medal or something, because that's -- Vice Chairman Sanchez: But the collection was done years ago with the fire fighters. Commissioner Regalado: But my point is we are discussing here a component of enforcement and information. What Commissioner Teele is saying is exactly what I'm saying with the dead animal issue. You know, NET should be a hub for information. NET should resolve your problem. Chairman Teele: Whatever it is. Commissioner Regalado: Whatever it is. I mean, we cannot give you the numbers of Fantasy Five, but we can resolve, you know, your complaint, your Code Enforcement. You don't have to -- even your Police issue. There's no need for you -- police stations are very intimidating to people, and people should not have to go to a police station to report a window broken in their home or car, so that's what I wanted to say. Chairman Teele: Roll call. Commissioner Regalado: Roll call. Vice Chairman Sanchez: All right, roll call. Commissioner Gonzalez: What is it for? Chairman Teele: Straw vote. Vice Chairman Sanchez: Sfraw vote. Commissioner Gonzalez: For what? Chairman Teele: To keep the Code Enforcement in NET or to -- Commissioner Gonzalez: Yes. Chairman Teele: -- to separate it. Ms. Thompson: Commissioner Regalado. Commissioner Regalado: Yes. Ms. Thompson: Chairman Teele. Chairman Teele: Yes. Ms. Thompson: Vice Chairman Sanchez. Vice Chairman Sanchez: Why do I always have to be the "no" vote? No. Chairman Teele: All right. Mr. Chairman, we are out of time. I would like to just announce to the Commission that I'm instructing the City Attorney to come in the next meeting and to draft language similar to the following, and Mr. Manager, let me tell you, after this discussion, I got very nervous. The organizational chart that has been reflected here is not consistent with what Mr. Gonzalez said or you said. It talks about ten NET Offices. Before it was 13. Then when Commissioner Gonzalez started the issue, it was 11. This chart which I -- you know, is before us City ofMiami Page 132 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 -- and I'm a slow reader -- talks about ten, so I don't want to debate the issue. I'm asking the City Attorney, so that we can have a full discussion on the organization, to draft language that says -- that is an amendment to the Budget Ordinance that says -- adding the following language and enclosure, specifically: The Table of Organization, budgeted positions and location of the NET, Code Enforcement and FACE (Florida Association of Code Enforcement) are incorporated by reference and are deemed approved by the Commission. Any permanent changes require -- same shall require Commission approval. That's consistent with the language that we have for the -- Vice Chairman Sanchez: Second. Chairman Teele: -- for the full Table of Organization, butl think we need to know what we're doing here, because I don't -- we all have options, and the one thing we do is approve budgets and approve positions, and so I'm asking that that language be done. That gives the Manager a chance to tell us exactly what he's proposing in terms of the locations, the NET, the staffing, and then we will all be in a position to discuss it and debate it and not have a hard discussion, so I would move that, if you would -- you've seconded and that the Attorney draw that language up for the next regular meeting. Is there objection? All in favor of the motion, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. City ofMiami Page 133 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 EXECUTIVE SESSIONS 2:45 P.M. ES.1 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 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 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 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 DEFERRED A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and passed unanimously, with Commissioner Winton absent, to DEFER item ES.1 to the Commission meeting currently scheduled forApril 8, 2004 at 2:45 p.m. (See ES.2) 3:00 P.M. ES.2 04-00071 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: NATIONAL ADVERTISING CO. VS. CITY OF MIAMI. THE SESSION, City ofMiami Page 134 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 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 DEFERRED A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and passed unanimously, with Commissioner Winton absent, to DEFER item ES.2 to the Commission meeting currently scheduled for April 8, 2004 at 3 p.m. Chairman Teele: Good afternoon, again, ladies and gentlemen, and thank you for attending our City Commission meeting. We have a number of items we'd like to take up. At this time, Mr. Attorney, could you give us a proper motion to defer the executive session items? Alejandro Vilarello (City Attorney): Yes. I would like to request the deferral of Executive Sessions 1 and 2 to the April 8th City Commission meeting. Chairman Teele: Is there a motion? Vice Chairman Sanchez: So moved. Commissioner Regalado: Second. Chairman Teele: Is there objection? Mr. Vilarello: Would that be at the same time that it's scheduled now? Chairman Teele: At the -- 2:45 and 3 p.m., respectively. Mr. Vilarello: Thank you. Chairman Teele: Is there discussion or objection? All those in favor, say "aye." City ofMiami Page 135 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 The Commission (Collectively): Aye. Chairman Teele: All opposed? City ofMiami Page 136 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 PART B PZ.1 04-00082 ORDINANCE Second Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A Attorney 90-DAY TEMPORARY MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR NEW BUILDINGS IN EXCESS OF 85 FEET (COMMERCIAL) OR 95 FEET (RESIDENTIAL) IN HEIGHT FOR THAT AREA LOCATED IN AND REGULATED UNDER THE SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT OF THE ZONING ORDINANCE AND ZONING ATLAS OF THE CITY OF MIAMI; PROVIDING FOR A TERM; PROVIDING FOR PENDING APPLICATIONS; PROVIDING FOR ADMINISTRATIVE AND JUDICIAL REVIEW; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 04-00082 SR Fact Sheet.PDF 04-00082 PAB Reso.PDF 04-00082 SR Legislation.PDF 04-00082 FR Fact Sheet.PDF 04-00082 FR Legislation DRAFT.PDF 04-00082 - submittal - 6.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 January 21, 2004 by a vote of 8-0. This is related to File ID 04-00082a. PURPOSE: This will establish a 90-day temporary moratorium on the acceptance of applications for new buildings over a certain height along the SD-9 Biscayne Boulevard North Overlay District. CONTINUED A motion was made by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, and passed unanimously, with Commissioner Winton absent, to CONTINUE item PZ.1 to the Commission meeting currently scheduled forApril 8, 2004 at 4 p.m.; further instructing the City Attorney and the City Clerk to publish appropriate notices to the public; and further directing the City Manager to provide a report on the citywide impact of the proposed 90-day moratorium. Note for the Record: Although Chairman Teele directed the City Clerk to publish the aforementioned notice, notices for Planning and Zoning items are advertised and paid for by the Office of Hearing Boards. The City Clerk will send an e-mail to the Office of Hearing Boards to advise of said direction by Chairman Teele. [Note: Clerk e-mailed Hearing Boards on March 17, 2004 with information to publish appropriate notices to the public.] (See PZ.2) City ofMiami Page 137 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 PZ.2 04-00082a ORDINANCE First Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A Attorney 90-DAY TEMPORARY MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR NEW BUILDINGS IN EXCESS OF 40 FEET IN HEIGHT FOR THAT AREA LOCATED IN AND REGULATED UNDER THE SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT OF THE ZONING ORDINANCE AND ZONING ATLAS OF THE CITY OF MIAMI; PROVIDING FOR A TERM; PROVIDING FOR PENDING APPLICATIONS; PROVIDING FOR ADMINISTRATIVE AND JUDICIAL REVIEW; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 04-00082a SR Fact Sheet.pdf 04-00082a Legislation.pdf 04-00082a FR Fact Sheet.PDF REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, Chief Administrator FI NDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. This is related to File ID 04-00082. PURPOSE: This will establish a 90-day temporary moratorium on the acceptance of applications for new buildings over a certain height along the SD-9 Biscayne Boulevard North Overlay District. CONTINUED A motion was made by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, and passed unanimously, with Commissioner Winton absent, to CONTINUE item PZ.1 to the Commission meeting currently scheduled forApril 8, 2004 at 4 p.m.; further instructing the City Attorney and the City Clerk to publish appropriate notices to the public; and further directing the City Manager to provide a report on the citywide impact of the proposed 90-day moratorium. Note for the Record: Although Chairman Teele directed the City Clerk to publish the aforementioned notice, notices for Planning and Zoning items are advertised and paid for by the Office of Hearing Boards. The City Clerk will send an e-mail to the Office of Hearing Boards to advise of said direction by Chairman Teele. [Note: Clerk e-mailed Hearing Boards on March 17, 2004 with information to publish appropriate notices to the public.] Chairman Teele: Now, I have a request from Commissioner Winton's staff I believe, that the PZ (Planning & Zoning) Item Numbers 1 and 2 regarding SD.9, Biscayne Boulevard, be deferred. Are there any persons here on those two items? How do you all feel about these items being deferred? No, no. Please, ma'am, you would have to come to the mike. Try again, ma'am. Jacki Tako: My name is Jacki Tako, and if you're going to defer it, are you going to defer it to April 29th, what is that meeting when we discuss last time? City ofMiami Page 138 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Chairman Teele: It would be my intent to infer -- defer it to the next meeting, when Commissioner Winton is present, to April 29th. Is that -- did you say April 29th? Ms. Tako: That's what -- remember, when we were here last time. Chairman Teele: All right. Let me get some direction from Commissioner Winton's staff please. The request would be to defer it to the next meeting, March 25th. Ms. Tako: I still prefer it for April 29th, to give us enough time. Chairman Teele: Let me -- Ms. Tako: All this happened -- Chairman Teele: If anyone wants to speak, you need to come up to the dais, give us your name and address for the record, and make your comment, however brief. OK. Hold on one moment. You would like to see it deferred to the second meeting in April? Ms. Tako: Yes, sir. Chairman Teele: Sir. Gordon Wilitts: I think -- Chairman Teele: Your name and address for the record, please. Pull the mike up to you, so you don't have to lean down to it. Mr. Wilitts: Gordon Wilitts, speaking for 411 Northeast 52nd Street. The 25th is a regular Commission meeting, correct, when you want to defer to? Alejandro Vilarello (City Attorney): March 25th. Mr. Wilitts: March 25th. Chairman Teele: That is a regular Commission meeting, and that is the proposed request of Commissioner Winton. Mr. Wilitts: Well, I think we should go with the request. Ms. Tako: Can I speak? Since we all, the people of Biscayne Boulevard, all the owners of Biscayne Boulevard knew about this, nobody really have been in any of the meetings. We didn't have any chances to speak or to be here. This was surprises for us. It's been a charrette for two years, but none of Biscayne owner was in any of the meetings. Chairman Teele: Excuse me. Ms. Tako: So, now, if you are -- Chairman Teele: Excuse me. Since the last meeting to now, you're complaining about not going to meetings? Ms. Tako: No, no. That's -- I've been in the last meeting, so I -- if you're going to defer it, I still prefer April 29th, when we discuss, that's going to be six hours, I remember last time. It's going to be like six hours regarding this issue. City ofMiami Page 139 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Chairman Teele: I can assure you, scout's honor, it will not be six hours the next time. Ms. Tako: More time. Chairman Teele: I can assure you that. Ms. Tako: Well, if it is over that -- Chairman Teele: OK, ma'am. Just hold on. Let's hear -- Mary Foehrenbach: I'm Mary Foehrenbach. I live at 655 Northeast 55th Terrace, in the Morningside area. I've been coming down here for 38 years. I would recommend that we go along with Commissioner Winton's recommendation and, if we can't do it today, we do it at the next meeting. Everybody who reads the paper was sufficiently notified of all meetings. If you don't read the paper and don't know what's going on, it's your own fault. Thank you. Allyson Warren: Allyson Warren, 650 Northeast 82nd Terrace. As far as I'm concerned, it would have been nice to hear it today, but with Commissioner Winton out of town, I think we should definitely wait for him to come back. March 25th is a much better time to hear it because the next meeting is the special meeting, where his committee will be reporting on the legislation, and I think the moratorium needs to be in there before the legislation, so I would ask you to support this. Thank you. Chairman Teele: Yes. Brad Knoefler: My name is Brad Knoefler, 1521 Alton Road, Miami Beach. I think that we should discuss this and vote on this today. Chairman Teele: Thank you for your input. Anyone else? Al Hamud: My name is Al Hamud. I live at 889 Northeast 78 Street. I own a property on Biscayne Boulevard. I prefer same thing that Mr. Brad said, to vote for it today. Chairman Teele: Thank you for your input. Alfred Sasiada: Good afternoon. I'm Alfred Sasiada, 463 Northeast 55th Terrace, in Morningside. I believe we were frying to move this along, and if we can't have it today, I would like to do it, as Commissioner Winton suggests, since he's the mover on the item. Thank you. Chairman Teele: All right. Steve Caterbone: Hello. My name is Steve Caterbone, 432 Northeast 65th Street, City ofMiami. I respectfully ask that if we could take care of this business today. Chairman Teele: All right. Mr. Caterbone: Thank you. Jennifer Simpson: Jennifer Simpson, 530 Northeast 59th Street. I would have liked to have heard it today, but we were told that it would possibly or would be deferred today, so I personally know of at least 10 or 15 people who are not sitting in the audience here today. Today would have been the best, but the second best would be at the first possible time that Commissioner Winton and the Commissioners think that we can go forward with it. The sooner, the better. City ofMiami Page 140 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Chairman Teele: All right. The public hearing portion is closed. Commissioner Gonzalez, you had asked that what Commission meeting be deferred and changed? Was that in April or May? Commissioner Gonzalez: May 6th -- I'm sorry, May 13 be moved to May 6th. Chairman Teele: OK. Let me give some input and then the Commissioners will decide. We have on March the 25th, the second Zoning meeting, and we also have this so-called controversial Crosswinds thing, and I can tell you, based upon the calls that I'm getting at home and everywhere, that's going to be very contentious, very contentious. I am requesting that we consider taking this up -- this item up in the first meeting in April, which would be April 8th. Now, this is strictly dividing it in half. Most want to go for the April 22nd meeting or the March 25th, and I think having this item during a Zoning meeting is just managing ourselves into another problem, so whatl'm saying is, this is a zoning item, per se, but let's take it up in the first meeting in April, when we don't normally do it. That way we can give this issue at least a couple of hours of discussion, but I'm not all for a six -hour discussion on this, so whatever motion anyone would like, the Chair will accept it. Vice Chairman Sanchez: I tend to agree with you on that issue. I would make a motion to defer it for the simple reason that the Commissioner, who has been on top of this issue and it's in his district, with all due respect, be here. I mean, if we -- we listen to this without him being here, I think it would be an act of disrespect, not only by this legislative body, but the public forum itself. So moved. Commissioner Gonzalez: Second. Chairman Teele: All right. We need a date, though. April 8th is whatl'm hoping you -- Commissioner Regalado: March 25th. Oh, you got -- Chairman Teele: April 8th or March 25th. Commissioner Regalado: April 8th. Chairman Teele: All right. Is that acceptable to everyone here? Vice Chairman Sanchez: Yes. Chairman Teele: OK. With further instructions to the Attorney and Clerk to readvertise this item or to do an advertising of this item, noticing it for Thursday, April 8th, at a time of let's say 4 p.m. Alejandro Vilarello (City Attorney): That would be PZ Items 1 and PZ.2. Chairman Teele: As currently here today, yes. Mr. Vilarello: We will provide a courtesy readvertisement, but it was properly advertised for today's meeting and it is not necessary to readvertise for the next meeting. Chairman Teele: The reason that asked that it be advertised is that realize that it's not necessary, but think it's fair to the people who may have come or thought it was going to be deferred and Commissioner Winton may have said it's going to be coming up on March 25th, and I want to make sure that there's no ambiguity on the part of the public. Vice Chairman Sanchez: Very reasonable. City ofMiami Page 141 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Chairman Teele: Is there further discussion? All those -- Commissioner Regalado: Mr. Chairman. Chairman Teele: On the deferral. Commissioner Regalado: On the deferral, for the administration to give us a report on the impact that this kind of moratorium -- it's 90 days, right? We're discussing 90 days. Chairman Teele: Impact -- how long was the moratorium, Mr. Attorney? Ninety days, you're correct. Commissioner Regalado: On the impact that this moratorium will have citywide for 90 days. Chairman Teele: You're requesting a report? Commissioner Regalado: A report. Chairman Teele: In writing. All right. Without objection, that's an amendment to the motion, further requesting a report on the impact. Is that acceptable to the maker of the motion and the seconder? All right. All those in favor of the deferral, signify -- the deferral to April -- Thursday, April 8th, at 4 p.m., all those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. Ladies and gentlemen, the matter is deferred until Thursday, April 8th, at 4 p.m. Thank you very much for coming down. PZ.3 03-0423a 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 3163, 3165 AND 3175 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-0423a SR Fact Sheet.PDF 03-0423a Analysis.PDF 03-0423a Land Use Map.PDF 03-0423a & 03-0423b Aerial Map.pdf 03-0423, 03-0423a & 03-0423b School Brd Recomm.PDF 03-0423a PAB Reso.PDF 03-0423a Application & Supp Docs.PDF 03-0423a SR Legislation.PDF 03-0423a FR Fact Sheet.PDF 03-0423a FR Legislation.PDF REQUEST: To Amend Ordinance No. 10544, from "Duplex Residential" to City ofMiami Page 142 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 3163, 3165 and 3175 SW 22nd Terrace APPLICANT(S): Blue on Coral Way, LLC APPLICANT(S) AGENT: Adrienne F. Pardo, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on January 21, 2004 by a vote of 8-0. See companion File ID 03-0423b. PURPOSE: This will allow a unified commercial development site for the proposed Blue at Coral Way Major Use Special Permit Project. covenant proferred Motion by Commissioner Regalado, seconded by Vice Chairman Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton Chairman Teele: All right. Do we have a PZ (Planning and Zoning) item that was hot? Commissioner Regalado: PZ, yeah. Chairman Teele: All right. Everyone that is here to testify, please raise your right hand to be sworn. Commissioner Gonzalez: What PZ is that? Chairman Teele: Who knows? I don't know. Commissioner Gonzalez: What's the PZ number? PZ.3? Chairman Teele: Go right ahead, ma'am. The City Clerk administered required oath under City Code Section 62.1 to those persons giving testimony on Zoning issues. Chairman Teele: All right. Mr. Director, please proceed.. Kevin Provance (Planning and Zoning): Good afternoon, Commissioners. My name is Kevin Provance. I am presenting on behalf of the Planning and Zoning Board regarding PZ Item Number 3. It's a consideration of amending Ordinance Number 10544 as amended, the Miami Comprehensive Neighborhood Plan by amending the future land use map by changing the land use designation for the properties located at approximately 3163, 3165 and 3175 Southwest 22nd Terrace, Miami, Florida, from duplex residential to restricted commercial. Board Members, the Planning and Zoning staff has recommended approval. The Planning Advisory Board has recommended approval to the City Commission on January 21, 2004. The City Commission continued this item on February 26, 2004, and that is -- yes, thank you. City ofMiami Page 143 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Chairman Teele: All right. Adrienne Pardo: Hello. My name is Adrienne Pardo with law offices at Greenberg, Traurig, 1221 Brickell Avenue. I'm here today on behalf of the property owner, Blue on Coral Way, LLC. We have before you a rezoning and a Comprehensive Plan amendment. Chairman Teele: What happened on the street? Ms. Pardo: The street, I had -- With regards to the issue that Commissioner Regalado had, that particular project -- Commissioner Regalado: It's up to the administration now. Ms. Pardo: Pardon? Commissioner Regalado: We're talking about 22nd -- fixing 22nd Terrace. Ms. Pardo: Right, fixing 22nd Terrace. That's a project that another client of mine is working on, and actually, they've prepared the drawings and they -- Chairman Teele: That's not before us here today. Ms. Pardo: No, it has nothing to do with this. Commissioner Regalado: No, but it was related in terms of the need to expedite the project, because the -- Chairman Teele: It's not before us here. Commissioner Regalado: No. Chairman Teele: All right. Is there anybody here in opposition to the project? All right. Commissioner -- the public hearing is closed. Commissioner Regalado. Commissioner Regalado: Mr. Chairman, I move that we approve PZ.3, the Blue on Coral Way. Chairman Teele: With conditions as outlined by -- you all have conditions? Mr. Provance: We have one condition -- that, indeed, the applicant will proffer up a covenant regarding no vehicular ingress or egress on Southwest 22nd Terrace. Joel Maxwell (Deputy City Attorney): That's not a -- that's not a condition, though. Mr. Provance: It's not a condition. Mr. Maxwell: OK. Ms. Pardo: No. I would like to proffer that. Mr. Provance: OK. We were asking for that. Vice Chairman Sanchez: You would? Ms. Pardo: Yes, I would. City ofMiami Page 144 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Commissioner Regalado: Yeah. Chairman Teele: It's moved by Commissioner Regalado, seconded -- with the proffer. Ms. Pardo: Yes. I'll prepare a covenant and I'll submit it to the Law Department before second reading -- Chairman Teele: All right. Ms. Pardo: -- for their review. Chairman Teele: Mr. Attorney, read the ordinance. The ordinance was read by title into the public record by the Deputy City Attorney. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. Chairman Teele: All right. Thank you very much. PZ.4 03-0423b ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 42 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-2 TWO-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3163, 3165 AND 3175 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A;" CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0423b SR Fact Sheet.PDF 03-0423b Analysis.PDF 03-0423b Zoning Map.PDF 03-0423a & 03-0423b Aerial Map.pdf 03-0423, 03-0423a & 03-0423b School Brd Recomm.PDF 03-0423b ZB Reso.PDF 03-0423b Application & Supp Docs.PDF 03-0423b Legislation.PDF 03-0423b Exhibit A.PDF 03-0423b FR Fact Sheet.PDF REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family Residential to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 3163, 3165 and 3175 SW 22nd Terrace City ofMiami Page 145 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 APPLICANT(S): Blue on Coral Way, LLC APPLICANT(S) AGENT: Adrienne F. Pardo, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on December 15, 2003 by a vote of 8-0. See companion File ID 03-0423a. PURPOSE: This will allow a unified commercial development site for the proposed Blue at Coral Way Major Use Special Permit Project. Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton Adrienne Pardo: I have PZ.4, too. Commissioner Regalado: Next, PZ.4. Ms. Pardo: Companion item. Joel Maxwell (Deputy City Attorney): There's a companion ordinance, zoning change. Kevin Provance (Planning & Zoning): PZ.4. Kevin Provance. The request is a change of zoning as listed in Ordinance Number 11000 as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, from R-2 two-family residential to a C-1 residential commercial. Staff is recommending approval. The Zoning Board recommended approval to the City Commission. The City Commission continued the item on February 26, 2004. Thank you. Chairman Teele: All right. This is a public hearing. Any person -- Read the ordinance, please, Mr. Attorney. Commissioner Regalado: I'll move it. The ordinance was read by title into the public record by the Deputy City Attorney. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. Ms. Pardo: Thank you very much. Chairman Teele: All right. City ofMiami Page 146 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 NA.1 04-00270 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING A DISBURSEMENT OF FUNDS, IN AN AMOUNT NOT TO EXCEED $100,000, FROM THE COCONUT GROVE SPECIAL EVENTS & MARKETING COMMITTEE FUND TO SUPPORT THE GREATER MIAMI CONVENTION & VISITORS BUREAU FOR THE "GET LAID BACK" EVENT MARKETING PLAN FOR COCONUT GROVE, SUBJECT TO BUDGETARY APPROVAL; PROVIDED THAT SAID FUNDS BE MATCHED BY THE AGENCIES SPECIFIED HEREIN. 04-00270-memo-1.DOC Motion by Commissioner Regalado, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0150 Direction to the Administration by Chairman Teele to schedule for the Commisison Meeting currently scheduled for April 8, 2004, a presentation by the Greater Miami Convention & Visitor's Bureau on the marketing plan for Coconut Grove in connection with their "Get Laid Back" event. Commissioner Regalado: Mr. Chairman. Chairman Teele: Yes, sir. Commissioner Regalado: I have a pocket item, but it needs a brief explanation, and I think it's a very good news -- Chairman Teele: We're not taking up pocket items. Commissioner Regalado: No, I understand that, but this pocket item is a lot of money for a pocket item, but it doesn't have to do with the general fund or anything, but it needs an explanation because I think it's good news regarding the Greater Miami Convention and Visitors Bureau. For once, we have some kind of good news. If you'll allow me, I'll explain what happened yesterday here at City Hall. Just briefly. Chairman Teele: You had one other item you wanted to raise. Commissioner Regalado: Yes, sir, Mr. Chairman. You probably remember my battles many years ago with the Greater Miami Conventions and Visitors Bureau, and the fact that they were not marketing the City ofMiami, or for that matter, Coconut Grove. Then, when I was selected by you all to chair the Coconut Grove Marketing Committee, we started discussion with the Greater Miami Conventions and Visitors Bureau, and the committee decided to do a marketing project to promote Coconut Grove as a whole. Yesterday, we had a presentation from the Greater Miami Conventions and Visitors Bureau. The committee -- the Coconut Grove Special Events and Marketing Committee is asking that you authorize the expenditure of one hundred thousand dollars from the fund of that committee. Those monies will be matched with one hundred thousand dollars by the Greater Miami Conventions and Visitors Bureau, one hundred thousand dollars by the Parking Trust in Coconut Grove, one hundred thousand dollars from the Off -Street Parking Authority, and fifty thousand dollars from the hoteliers in Coconut Grove; a total of four hundred and fifty thousand dollars. The campaign will begin in May and will run City ofMiami Page 147 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 through September, and you will see buses and radio, print media. It's a very professional campaign to promote the Grove, and this was endorsed by the Coconut Grove Chamber of Commerce, by the Coconut Grove Merchants Association and, of course, by the committee, so I'm asking that you approve the disbursement of one hundred thousand dollars from the funds of the Coconut Grove Special Events and Marketing Committee. Chairman Teele: Is there a second? Vice Chairman Sanchez: Second. Chairman Teele: Is there objection? Madam Clerk, call the roll. Mr. Attorney, you all need to make sure that this is written up correctly the way -- in the right format. Madam Clerk. A roll call was taken, the result of which is stated above. Chairman Teele: Item is unanimously adopted. Art Noriega (Director, Off -Street Parking): Commissioner, is there at any point that the Commission would like to have that marketing plan presented to them? They did an exceptional job, Turkel's firm. Commissioner Regalado: I think -- Mr. Chairman, I think that we should hear that presentation, maybe a short version. Maybe Art can schedule that because they're going to do a presentation to the Parking Board, butl think what they -- what we're doing in the Grove could be applied to other areas of the City eventually, and the Bureau seems to be willing to match dollars to market the City ofMiami, so whatever your wishes are -- Chairman Teele: All right. My wish would be that we get through this agenda. We put it on the next agenda or the subsequent agenda, whichever is convenient for you. Commissioner Regalado: Subsequent because next is PZ (Planning & Zoning). Chairman Teele: No. I'm talking about the first meeting in April; is that it? Madam Agenda Coordinator -- where's the Agenda Coordinator? Commissioner Regalado: The first meeting ofApril will be fine. Chairman Teele: Where's the Agenda Coordinator? Madam Manager, would you work with the Agenda Coordinator and have this item on the agenda for the first meeting in April for a presentation by the appropriate people, with Convention and Bureau and Art Noriega in consultation with Commissioner Regalado's office. Linda Haskins (Deputy City Manager/Chief Financial Officer): Yes. Chairman Teele: Thank you very much. Commissioner Gonzalez: Mr. Chairman. Chairman Teele: Commissioner Gonzalez. Commissioner Gonzalez: Now, that we're talking about agenda and -- I would like to request -- Chairman Teele: Before you do, Art, again, I've been asked to work with you all on some parking issues and I want to just say two things on the record. I do think that the Allapattah area is the next crisis area for parking. We've sort of discussed this before. We need you all to City ofMiami Page 148 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 sort of voluntarily go in there and start looking at what could be done, and to work with the Commissioner from the Allapattah area, Commissioner Gonzalez, and see how we can form partnerships, and the other thing that want to say -- and, again, I think this is something, Art, that you need to discuss with your board, and I've not really discussed it with the Mayor or the Manager, butt really am concerned and have always been concerned about the self-perpetuating nature of Off -Street Parking. I would very much like to take the Mayor off of the -- as chairman of the board of the MSEA (Miami Sports and Exhibition Authority), personally, and see the Mayor serve as chairman of Off -Street Parking Board, whoever the Mayor is, not just this Mayor, and to amend our Charter to allow for the Mayor of the City of Miami -- I think that as the City moves more towards development and we move Off -Street Parking more from just the traditional notion of building parking spaces and parking lots, and being a partner in development and the kinds of things, I think it would be -- enhance the Mayor -- the Off -Street Parking and the City, but the Mayor may disagree with me. I don't know, but I'm just saying to you that really wish you and the Manager would discuss it. Mr. Noriega: I know this topic's been brought up on more than one occasion in conversations you and I have had. You know, I work at the pleasure of the board in whatever format it sits, with a mayor, without a mayor. It is in its current presentation, so, obviously, it's not at my discretion. I'll be more than happy to sit down with the Manager and talk to him further about it Chairman Teele: I just wish you and the Manager would talk -- Mr. Noriega: -- and brief my board on it, but -- Chairman Teele: I'm not going to propose it if the Manager -- if the Mayor of the City is not in support of it, and I've not talked to the Mayor about it, butl think it's just something that will bring more energy to Off -Street Parking, in terms of the other focus that we're trying and that you all are properly moving in, and we commend you in that area, particularly in the area of joint development, in the area of promotions and those things, just like any other parking -- if you were a private parking company, you'd be doing the same kind of things, apparently, that Mr. Sofa is trying to do, or the same kind of things that anybody else in parking would be doing, and I just think that the parking thing we got down good with you all, and we don't need to disturb that. It's the joint venture, the promotion and that kind of stuff, and it's just something to think about, please. Mr. Noriega: Yes, sir. NA.2 04-00287 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RESCHEDULING THE FIRST REGULAR CITY COMMISSION MEETING OF MAY, ORIGINALLY SCHEDULED FOR MAY 13, 2004, TO TAKE PLACE ON MAY 6, 2004. Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Regalado and Teele Absent: 2 - Commissioner Winton and Sanchez R-04-0150.1 Direction to the City Clerk by Chairman Teele to inform the members of the Commission who are absent about the rescheduled May meeting. [Note: Clerk submitted requested information to members of the Commission on March 16, 2004.] City ofMiami Page 149 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 NA.3 04-00283 Chairman Teele: Commissioner Sanchez -- Commissioner Gonzalez. Commissioner Gonzalez: Yes, Mr. Chairman. I would like to request that the meeting ofMay 13th be moved to May 6th, because I may need to be out of the country on May 13th, if there is no objection from my colleagues. Chairman Teele: All right. Could we study that and we decide that at 3 p.m. today, if it's all right with you? Commissioner Gonzalez: Yes. Chairman Teele: Let everybody look at that, and we'll ask Commissioner Winton's staff if they would check with Commissioner Winton's schedule. Call him on a ski slope somewhere, and -- Vice Chairman Sanchez: Watch out for the tree. Chairman Teele: -- and see. All right. Further pocket items, further discussion? Commissioner Gonzalez: Mr. Chairman, I got to go back to my request of moving the May 13 Commission meeting to May 6 if there is no objection from my colleagues. Chairman Teele: Moved by Commissioner Gonzalez. Commissioner Regalado: Second, second. Chairman Teele: Second. And everybody that's not here to object, goody for you. All those in favor, say "aye. The Commission (Collectively): Aye. Chairman Teele: All opposed? Madam Clerk, would you make sure that the new date is published? Priscilla A. Thompson (City Clerk): Yes. Commissioner Gonzalez: Thank you, Mr. Chairman. DISCUSSION ITEM Welcome Event at Armory for Iraq Veterans MOTION A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and passed unanimously, with Commissioner Winton and Vice Chairman Sanchez absent, to instruct the City Manager to (1) place one or two banners saying "Welcome Home" at the armory for event in honor of the National Guard who served in the Iraq War for the past year, (2) provide a police escort for the buses with the veterans coming to Miami, (3) instruct "Miami Television" cable channel to provide notice of the event, and (4) for members of the Community Relations Board to be made official ambassadors of this event. Commissioner Regalado: Mr. Chairman, if you'd give me a minute, it's important that -- Madam Manager, hello? Let me -- because this has to do with your district, Angel's district, but the City ofMiami as a whole. In January of 2003, 400 men and women from the National Guard were deployed to Iraq for a year. Of those 400, at least 50 are City ofMiami residents. These men and women from the National Guard are coming back to their families. We'll probably know in one or two days the exact date, but they are already in the States. I believe that they are in Fort City ofMiami Page 150 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Bragg or any other U.S. base in the eastern part of the United States. They will be coming in buses from the Carolinas or Georgia. They will be going to the armory in your district and Angel's district, 2800 Northwest 7th Avenue. Chairman Teele: That's my disfrict. That's notAngel's disfrict. Commissioner Regalado: Oh, I thought across the street, across the street. Chairman Teele: He claims it. Commissioner Regalado: Oh, OK. Well, then, we have an armory which is not an issue. Chairman Teele: It's reallyAngel's and my disfrict. Commissioner Regalado: Well, anyway, the relatives are requesting that the City ofMiami places a banner saying welcome home, you know, welcome back, you know, City ofMiami welcomes you. We need to do this ASAP (as soon as possible), because they may leave Georgia - - Angel, I was talking about the National Guards that were deployed to Iraq. Commissioner Gonzalez: Yes, it's in my district. Commissioner Regalado: OK, so they will be coming -- Commissioner Gonzalez: On the 28th -- Chairman Teele: It's not your district. Commissioner Gonzalez: Northwest 28th Street, yes, sir. Look at the map. Commissioner Regalado: All right. Well, let me tell you -- (INAUDIBLE COMMENT) Commissioner Regalado: -- their relatives -- Commissioner Gonzalez: Our disfrict, our disfrict. Commissioner Regalado: -- the relatives have placed yellow ribbons already throughout 12th Avenue. They are requesting another thing. The buses will be coming down I-95 south to 836 to 12th Avenue. They will get off at 7th Avenue, and they are requesting a police escort from the City ofMiami from the minute that they cross the City limit to the armory. The Florida Highway Patrol is going to escort them during their trip through I-95. The Georgia Highway Patrol is also organizing, and all municipalities along the line will be engaging in this project. For the City ofMiami, not only it's important, but it should be an honor to participate in the coming home ceremony of these 400 men and women. There's going to be thousands of people at the armory, because, you know, all the relatives are being called. I do not know if they're coming on the 18th, or the 17th or the 19th, but we need to be ready. I will give the administration all the contact information, but we do need to have at least, you know, one or two banners on 7th Avenue, welcome back, welcome home, City ofMiami, City ofMiami residents welcome you back. Thank you, you know, whatever. It's the least we can do. When you came back from Vietnam, you weren't -- Chairman Teele: Ain't nobody welcomed me. Commissioner Regalado: Ain't nobody welcomed you, and I can tell you -- and I can tell you, I City ofMiami Page 151 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 was in the Gulf War, and I was in Kuwait and Saudi Arabia, and I can tell you that these men and women look forward to coming back, and it's important that the City participates. Alicia Cuervo Schreiber (Chief of Neighborhood Services): Commissioner, Tim Billberry from the Police Department has been working with our Solid Waste Department, Public Works Department, not on the official date, the couple of dates that you gave us range and has been coordinating the effort with us, so I'll talk to him about the banners, as well. Chairman Teele: Motion by Commissioner Regalado, seconded by Commissioner Gonzalez that the City fully cooperate, including banners, signs, police escorts, fire hoses -- Commissioner Regalado: Thank you. Chairman Teele: -- dancing. Linda Haskins (Deputy City Manager/Chief Financial Officer): We also have a few City of Miami employees that are coming back on these same buses, so there is a -- we have a really happy time for the City ofMiami. Chairman Teele: And further, that Net-9 do some kind of notices. When is this going to be? Commissioner Regalado: Next week. Chairman Teele: What date? Commissioner Regalado: 18th. Chairman Teele: 17th, 18th -- what day is this? Thursday? What day is the 18th? You got a calendar? Commissioner Regalado: Thursday. Today is the 11 th. Commissioner Gonzalez: The 18th is Thursday. Chairman Teele: Do we know the time yet? The motion includes that Net-9 be encouraged to do notices to the public to commemorate. Is that satisfactory? Ma'am, yes, ma'am. Helena del Monte: Yes. I'm sorry. I would just like as a member of the Community Relations Board -- Chairman Teele: Your name and address for the record? Ms. del Monte: Helena del Monte. I would just like the suggestion that perhaps CRB (Community Relations Board), you know, could be involved, and would be more than happy, so I engage my colleagues to -- Chairman Teele: Adding that the CRB also be official welcomers and ambassadors in any way. Is that satisfactory to the maker of the motion? Commissioner Regalado: Yes, sir. Chairman Teele: Is there further discussion? Is there objection? Is there somebody here from the Police Department that would communicate to the Police Department? If not, all those in favor, signify by the sign of "aye." City ofMiami Page 152 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 NA.4 04-0285 The Commission (Collectively): Aye. Chairman Teele: All those opposed by the sign -- have the same right. The item is unanimously adopted. DISCUSSION ITEM Part time employees to be considered for full time employment. DISCUSSED Direction to the City Manager by Chairman Teele to schedule a status report on the March 25, 2004 agenda related to part time City employees being given the opportunity to become full time. Commissioner Regalado: Is this about the part-timers? Larry Spring (Chief of Strategic Planning, Budgeting and Performance): No, no, no. I'm giving a general -- Commissioner Regalado: Oh. Mr. Spring: -- overview. So. Commissioner Regalado: Because we never discussed the part-timers last time here. Mr. Spring: The conversion from part-time -- Commissioner Regalado: The conversion. Mr. Spring: I think -- Commissioner Regalado: We never did. Mr. Spring: We're going to go get Rosalie Mark. She'll be here in a second. Commissioner Regalado: I just want to thank the City, because I got a letter inviting me to apply for a waste collector, marinas aide and typist clerk 2, so, you know, I probably -- full-time. I would probably be -- I like it. Thank you for the letter. Chairman Teele: Madam Director, when are the part-time issues -- when is the part-time issue coming back? I thought it was coming back the last meeting. It didn't come back this meeting. Do we -- is there any disagreement or an agreement on that? Is the union the problem? What is the problem? Rosalie Mark (Director, Employee Relations): No. The union is not the problem. We met with each Commissioner or their aide. We need input from two more Commissioners. As far as specific numbers, the report has gone to the City Manager, based on current information. All we need to do is consolidate it, I think a decision made as far as when it would be implemented, and we'll be ready to go. Chairman Teele: Well, the thing that I'm trying to understand is we talked about this insurance, health benefits for part-timers today, right? Ms. Mark: That was last meeting, I believe. Chairman Teele: Yeah, but those numbers included what we have now, so I don't want to get into a double count. In other words, if the people roll over in -- some of them roll over into City ofMiami Page 153 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 full-time, then the dollars we appropriated for the insurance for the part-timers is going to be reduced. Is that right or not right? He's saying it's not right. Mr. Spring: It's not exactly a one-to-one correlation. What you have, when they roll into those full classified positions, they would roll into our normal citywide plan, which is a much more exorbitant cost, as opposed to the part-time. Chairman Teele: But that's the cost that she's working. Mr. Spring: That's including -- exactly. Chairman Teele: That's the cost that she's working. Mr. Spring: Correct. Chairman Teele: And what I'm saying is the cost of the part-time insurance is also there, so you've got to subtract one of those numbers based upon -- you've got two -- Mr. Spring: I understand what you -- Chairman Teele: -- insurance costs. If you roll over 40 people, then you've got part-time for 40 as -- Mr. Spring: Right. Chairman Teele: In your (INAUDIBLE). Mr. Spring: Absolutely right, but with 50 people, the incremental difference is probably going to be minor, because, as you know from the presentation, the entire cost is a hundred and eighty-eight thousand for the part-time insurance. Chairman Teele: Which Commissioners have you not had an opportunity to meet with? Ms. Mark: I've met with aides of three of the Commissioners, and we just need to have a specific number. I think the agreement's going to be -- ten years? Yeah, ten years or more. Commissioner Regalado: Well, I gave a specific number. Ms. Mark: Pardon me? Chairman Teele: How many years? The question is -- Commissioner Regalado: Ten years. That's the number -- Chairman Teele: Ten years -- Commissioner Regalado: Ten years. Ms. Mark: Yes, you did and -- Commissioner Regalado: Ten years. Ms. Mark: I needed to get a specific as far as two other Commissioners, and I think Commissioner Gonzalez -- there was a concern regarding the way in which people were put into full-time positions, based on what Frank showed -- Mr. Castaneda -- so I wanted to get back to City ofMiami Page 154 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 find out if that's applying only to future promotions, or would that apply also to the ones that we're considering promoting to full-time right now, so I needed just a bit more feedback, and then we'll go ahead, and I guess the only other question is for the City Manager and the Budget Chief to decide on when this would occur as far as immediately -- Chairman Teele: Retroactively to September 1 as far as I'm concerned, but certainly, immediately. I mean, see, I think this thing -- I'm hearing now that there is a rush to do some things for part-time people, because we got all of these people that have been around for a long time about to come into the City, and there's apparently some informal pipeline where people think they're going to get rolled into the City that have been here a year or less than a year, and I don't know that to be true. I do know that Commissioners received some letters. Did you get a letter, Tomas? Commissioner Regalado: Huh? Chairman Teele: Did you get a letter from the City inviting you to apply for -- Commissioner Gonzalez: Yes, I did. Chairman Teele: So I do know that several Commissioners have been encouraged to apply for some solid waste -- solid waste jobs and a couple of -- Commissioner Regalado: Marinas, marinas aides. Chairman Teele: -- marina jobs, and that's fine. I mean, they probably are under -qualified for - - we probably are under -qualified for some of those jobs. Commissioner Regalado: I am under -qualified, because I get dizzy on boats. Chairman Teele: But just so that you know, I'm very concerned about -- I've never received a letter inviting me to apply for a job in the City. Commissioner Regalado: Because you don't vote in the City ofMiami. You vote outside of the City ofMiami. Chairman Teele: But what I'm suggesting, Commissioner, is this, and this is very serious: I've never received a letter, butt received a letter. I have not been at the City ten years, OK? There is clearly someone trying to encourage people that are part-time with the City to hurry up and apply for jobs that have not been here ten years, because I got a letter. I haven't been here ten years. You got a letter. You haven't been here for ten years. He got a letter. He hasn't been here for ten years, so somebody is goosing the system now to fry to squeeze these people that have been here ten years or more back down into the bowels of -- I guess where somebody thinks they ought to be, but clearly, that is the first letter that any of us has gotten. It's unprecedented, Madam Director. Ms. Mark: It's absurd. I don't know how it occurred. That's all I can say. Chairman Teele: Well, I don't know if it's absurd -- Ms. Mark: Well, it is absurd. The way this works is that people would only receive letters if they were on a list for a position that becomes vacant. So how your names, as well as the Mayor's name ended up on a list, I need to go and investigate. Chairman Teele: Well, I don't see how the Mayor's name -- he's full-time. I mean, now, that is a problem. City ofMiami Page 155 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Ms. Mark: Well that -- the point is this isn't about -- you know, the positions that you received letters and the Mayor received a letter about, obviously someone -- Chairman Teele: Did he get one for solid waste? Ms. Mark: Yes, he did. Chairman Teele: Or did you all select him for -- Mr. Mark: Yes, he did. Chairman Teele: -- to be the driver of the truck? Commissioner Gonzalez: But let me tell you -- Ms. Mark: I'm not exactly sure if that was the position, but he did receive a letter. Commissioner Gonzalez: But let me tell you, we should qualify, because we are not only part-timers, we are part-timers temporary, so, you know. Chairman Teele: Well, I ain't going to touch that, but the voters -- Ms. Mark: I'm not sure it's -- Chairman Teele: -- the voters have answered, and the voters have put a real noose around our necks, because I tell you, Igo to more meetings now than I ever wanted to go to, because of what the voters have done, so I think we are pretty much fully engaged, if not full-time, but, Madam Director, I am very serious. I think we owe it to the people that have been here ten years -- Ms. Mark: Totally agree. Chairman Teele: --15 years, 20 years. We have people that have been here 25 years that don't have any benefits, and those people should get preference over anybody who's a member of the family and friends program. Ms. Mark: That has nothing to do with the letters that you all received. I'm not sure how that happened. Chairman Teele: Madam Director, I will tell you -- Ms. Mark: It has nothing -- the promotion -- Chairman Teele: I will not -- I am not going to dispute you -- Ms. Mark: OK. Chairman Teele: -- but it is such a coincidence in that none of us have ever received letters, and in that this issue is now being moved around and being stalled for no real reason. It was supposed to have been back two weeks ago, you know. I think we owe it to those people, and I don't think we ought to play games with the people that have been employed in this City part-time for ten years, and personally, I think we ought to go back even deeper, butt mean I'm willing to agree with the Manager's position of ten years, but I clearly think we ought to do that, and we shouldn't play around with it, and we should not hire anybody or transfer anybody into full-time positions in this -- during this hiatus, because that's what the rumor is that's going City ofMiami Page 156 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 around out here. Ms. Mark: It's not the case. Chairman Teele: OK. Well -- Commissioner Regalado: I was going to say that. Ms. Mark: I mean, that's not the case. That's not what's going on. Chairman Teele: And I take your word for it. I believe you. Ms. Mark: And I will say that I happened to take a vacation, and there was nothing deliberate about stalling this. I just got a memo off to the City Manager advising the status. I need to meet with two more Commissioners, and we'll be ready to go. Chairman Teele: Thank you so much, Madam Director. Ms. Mark: Thank you. Chairman Teele: Will this be on the agenda next week -- next meeting? Ms. Mark: Yes, we'll put it on the agenda. Commissioner Gonzalez: Am I one of those Commissioners that you need to meet with? Ms. Mark: I would just like to get a final number. Commissioner Gonzalez: Let's meet Monday, so we can speed it up. Ms. Mark: Thank you. Commissioner Gonzalez: Yes, ma'am. NA.5 04-00254 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S), AUTHORIZING THE ENCROACHMENT ON A PUBLIC EASEMENT PURSUANT TO SECTION 55-14 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE PROPERTY LOCATED AT 1111 NORTHWEST 17TH COURT, MIAMI, FLORIDA, AND ENTRANCE UPON THE PUBLICLY DEDICATED CANAL MAINTENANCE EASEMENT AND WATERLINE EASEMENT TO CONDUCT NECESSARY REPAIRS TO A DOCK LOCATED THEREIN; AUTHORIZING THE CITY OF MIAMI TO ISSUE THE REQUIRED PERMIT TO THE PROPERTY OWNERS FOR SAID REPAIRS; AUTHORIZING THE CITY MANAGER TO EXECUTE A HOLD HARMLESS AND INDEMNIFICATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM. 04-00254-Memo-1 Untitled.pdf 04-00254-Exhibit-2 Untitled.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Regalado and Teele Absent: 2 - Commissioner Winton and Sanchez City ofMiami Page 157 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 R-04-0167 Commissioner Gonzalez: Next. Chairman Teele: Next item. Alicia Cuervo Schreiber (Chief of Operations): I have three pocket items from the Manager's office. The first is -- has been passed out -- an encroachment on public easement for property located at 111 Northwest 17th Court, Miami. It's to allow the owners of the property to repair their dock and encroach on City property -- I'm sorry -- City easement. Commissioner Regalado: Angel. Commissioner Gonzalez: Yeah. Move the -- Commissioner Regalado: Second. Commissioner Gonzalez: -- recommendation of the Manager, yeah. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. NA.6 04-00259 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND") WATERWAYS ASSISTANCE PROGRAM FOR GRANT FUNDING, IN AN AMOUNT NOT TO EXCEED $50,000, FOR THE REMOVAL OF APPROXIMATELY TWENTY-FIVE (25) IDENTIFIED DERELICT VESSELS FROM DINNER KEY ("PROJECT"); AUTHORIZING THE ALLOCATION OF REQUIRED MATCHING FUNDS FOR FIFTY (50%) OF THE PROJECT, IN AN AMOUNT NOT TO EXCEED $50,000, FROM THE OPERATING BUDGET OF FISCAL YEAR 2004; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SUBMISSION OF THE FIND GRANT APPLICATION. 04-00259-Memo-1 Untitled.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Regalado and Teele Absent: 2 - Commissioner Winton and Sanchez R-04-0168 Alicia Cuervo Schreiber (Chief of Operations): The next is an item -- a resolution authorizing the City Manager to apply for a FIND (Florida Inland Navigation District) grant to remove derelict vehicles -- vessels -- I apologize. Chairman Teele: Is there a motion? Commissioner Gonzalez: So move. City ofMiami Page 158 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Commissioner Regalado: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. NA.7 04-00271 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 04-0093, ADOPTED FEBRUARY 26, 2004, WHICH GRANTED MIAMI-DADE COUNTY'S ("COUNTY") REQUEST TO USE THE MIAMI MARINE STADIUM PARKING LOT, LOCATED AT APPROXIMATELY 3601 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, TO PROVIDE TEMPORARY PARKING FOR THE NASDAQ 100 OPEN TENNIS TOURNAMENT ("EVENT"), FOR THE PERIOD MARCH 24, 2004 THROUGH APRIL 4, 2004, AT CRANDON PARK ON KEY BISCAYNE, FLORIDA, TO INCLUDE ADDITIONAL PROPERTY FOR TEMPORARY PARKING FOR SAID EVENT LOCATED ALONG ARTHUR LAMB, JR. ROAD AND ITS ADJACENT OPEN SPACE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE COUNTY, PROVIDED THAT: (1) THE COUNTY PREPARE THE SITE AND CLEAN THE PARKING LOT AND ADJACENT CITY OF MIAMI ("CITY") OWNED LAND DURING AND IMMEDIATELY AFTER THE EVENT AND (2) THE CITY MAY CONTINUE TO USE THE STABLES AT TROPICAL PARK THROUGH APRIL 30, 2005. Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Regalado and Teele Absent: 2 - Commissioner Winton and Sanchez R-04-0169 A motion was made by Commissioner Gonzalez, seconded by Commissioner Regalado, and passed unanimously, with Commissioner Winton and Vice Chairman Sanchez absent, to schedule, at the Commission meeting currently scheduled for April 8, 2004, a report concerning the relocation of the City ofMiami police horse stables. Direction to the City Clerk and the City Manager by Chairman Teele to work with the Agenda Coordinator to make sure that the status report on the relocation of the horse stables and the effort to hire part timers on a full time basis are scheduled on the agenda, as requested. [Note: Clerk sent email to agenda office on March 12, 2004 to schedule status report on the relocation of the horse stables and the effort to hire part timers on a full time basis on the next agenda.] Commissioner Gonzalez: Next. Alicia Cuervo Schreiber (Chief of Operations): The next is a resolution that was passed on last City agenda meeting that allowed Miami -Dade County during the NASDAQ events for the tennis events to use some of Virginia Key land for parking. It further clarified some of the clauses in City ofMiami Page 159 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 some of the insurance elements they need; also addresses the stables that we use out where their new equestrian center is being built for a time certain and issues surrounding insurance. Chairman Teele: Now, when is the Lipton -- I mean the -- what do they call this thing? Commissioner Regalado: April -- March. Ms. Cuervo Schreiber: I want to say that it begins -- Chairman Teele: NASDAQ, is it? Ms. Cuervo Schreiber: The period ofMarch 24th through April 4th. Commissioner Gonzalez: I'm going to move the resolution, butt have a question. Chairman Teele: Is there a second? Commissioner Regalado: Second. Chairman Teele: Discussion. Commissioner Gonzalez: Is it a fact -- is there -- is it a fact that we are being asked to remove the horses from Tropical Park immediately or -- Ms. Cuervo Schreiber: No. We have been asked to remove the horses by March 2005. Commissioner Gonzalez: By March? Ms. Cuervo Schreiber: I'm sorry. April 30, 2005. Commissioner Gonzalez: OK, thank you. Ms. Cuervo Schreiber: We're ready for Item CA.11. Chairman Teele: You don't want to have a vote on that one? Commissioner Regalado: We need a vote. Chairman Teele: 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 Regalado: I think, you know, I think that this is great. This is a change, whatever, for the use of Tropical Park, but we should be more proactive. The plans for a police stable somewhere in the City ofMiami have been, I guess, tabled. Commissioner Gonzalez: Yeah. Been working on it for the last two years. Commissioner Regalado: Nobody knows what's going on, and at the end of the day, you know, we are going to be here on March of 2005, and they're going to say, you know, we got to leave there. We're going to -- Commissioner Gonzalez: Right. City ofMiami Page 160 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 Commissioner Regalado: -- get the horses somewhere or make -- you know, churrasco, whatever. Ms. Cuervo Schreiber: Commissioner, we have met just recently, even, to discuss the new location for the stables and to bring that project back to the table. Chairman Teele: All right. A motion by Commissioner Gonzalez requesting a report on the agenda for the first meeting in two -- on April. Is that enough time? Commissioner Gonzalez: That's enough time. Chairman Teele: Is that enough time, Madam Director, regarding the stable, the horse stable? Ms. Cuervo Schreiber: I'm sorry, Commissioner. We will be out by April 30, 2005, due to their construction of the -- Commissioner Regalado: No, no, no. He is asking if it's OK with you to bring a report about the new site -- Ms. Cuervo Schreiber: Yes, I will. Commissioner Regalado: -- on the next meeting. Chairman Teele: For the first meeting in April. Ms. Cuervo Schreiber: OK, yes, Commissioner. I apologize. Chairman Teele: Motion by Commissioner Gonzalez. Commissioner Regalado: Second. Chairman Teele: Is there objection? Is the Agenda Coordinator present now? Where is she? Is she getting this stuff? All right. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? Put it on the agenda. Madam Clerk and Manager, would you all work with the Agenda Coordinator and make sure that it gets done, please? Madam Manager, Madam Manager, would you work with the Coordinator, Agenda Coordinator and Clerk, and make sure that these items get on, the one relating to the part-time and the stable report, et cetera, please? All right. NA.8 04-00286 DISCUSSION ITEM Douglas Wood and Associates structural engineering firm history of contracts with the City. DISCUSSED Direction to the City Manager by Chairman Teele to provide a history of the contracts between the City ofMiami and Douglas Wood and Associates. Commissioner Regalado: Mr. Chairman, two things. Chairman Teele: Excuse me. Mr. Purchasing Director, there is a company, a structural company called Douglas Wood and Associates, a structural engineering firm. Could you give City ofMiami Page 161 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 me the history of the City contracting with this firm and all of the background on that, please? Glenn Marcos (Director, Purchasing): Yes, sir. Chairman Teele: Thank you very much. Mr. Marcos: Douglas Wood? Chairman Teele: Douglas Wood and Associates, a structural engineer. NA.9 04-00269 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 04-0085, ADOPTED FEBRUARY 12, 2004, WHICH AUTHORIZED THE DONATION OF AN AMOUNT NOT TO EXCEED $5,000, TO SUPPORT THE AMERICAN ASSOCIATION OF RETIRED PERSONS 10TH ANNIVERSARY EVENT, SCHEDULED FOR MARCH 17, 2004, TO CHANGE DISBURSEMENT DIRECTIONS. Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Regalado and Teele Absent: 2 - Commissioner Winton and Sanchez R-04-0165 Chairman Teele: Further items to come before the Commission, pocket items. Would you read the pocket items that someone distributed from my office, I think. (INAUDIBLE COMMENT) Chairman Teele: I don't have it, either. Commissioner Regalado: I have it. I have it. I think -- is this the AARP (American Association of Retired Persons) ? Chairman Teele: Yes. This only -- we previously approved the five thousand dollars, but it went to the vendor, and what they want to do is get part of it to the vendor and part of it back to the AARP, so would you move it? Commissioner Regalado: Yes, sir. Yes, sir, Mr. -- I'll move the resolution regarding the -- amending the resolution adopted February 12, 2004. Chairman Teele: All right. Commissioner Gonzalez: Second. Commissioner Regalado: We have a motion and a second. Chairman Teele: Which does not change the amount of five thousand dollars, but requires the -- Commissioner Regalado: Just divides, divides. Chairman Teele: -- divides the amount for two checks to be issued. Is there objection? All those in favor, say "aye." City ofMiami Page 162 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 NA.10 04-00288 The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. And, Linda, could you help us out with that item, please, in that it's next Wednesday, please, ma'am? Thank you. DISCUSSION ITEM Crosswinds Agreement DISCUSSED Direction to the City Attorney by Chairman Teele make proposed agreement related to Crosswinds available to the public and to publish a notice 30 days prior to final action on said matter. A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and passed unanimously, with Commissioner Winton and Vice Chairman Sanchez absent, directing the City Attorney and the City Manager to schedule a public hearing to consider proposed agreement related to Crosswinds, and to post notices around Overtown and the area surrounding the impacted area. Chairman Teele: I have a meeting on tomorrow with the attorney on Crosswinds. I want to say very clearly for the record that we have asked repeatedly that whatever the agreements are that are being proposed or proffered by the attorney with Crosswinds that they be published and made available to the public for 30 days prior to a final action, and that has been done at least twice, so, Alex, you know, we need to make sure that this Crosswinds discussion on the 25th is clear that we're expecting, you know, a final action, not at that meeting, but at the next meeting, or we need to deal with that at that time. OK? Were those actions taken in the CRA (Community Redevelopment Agenda) or in the Commission? Alejandro Vilarello (City Attorney): I believe it was in the CRA. I don't -- I recall it was two weeks prior notice for public hearings, but certainly, there's no problem. The documents aren't completed yet, so it certainly can't be distributed 30 days before the 25th. Chairman Teele: Well, see, but this is the point, and I'm going to meet with the Mayor and you tomorrow, I hope, at 5 o'clock, but, you know, I would have objected violently to the MSEA (Miami Sports and Exhibition Authority) deal, not because of the deal -- ifI had been there -- but because I just don't think you all can continue to ask board members to vote on things in which you don't know what the answers are. You all didn't even have an appraisal on the land. You know, I mean, I think it's totally irresponsible for MSEA to -- Commissioner Regalado: Mr. Chairman, that was my vote. Chairman Teele: I'm not going to get into this. Commissioner Regalado: No, butt just wanted to say that. Chairman Teele: But all I'm saying is, please, don't put me in the position, Alex, of asking us to vote on something and we don't even know what the deal is, especially when the public has a right to know, and I would hope, Commissioner Gonzalez, that you would listen to this, because, you know, if this can happen to me, it can happen to you, and the point that I'm making is simply this: Whatever the deal is, it needs to be clear, it needs to be transparent, and it does not need to be something slipped under the radar, and I don't know how we're going to deal with this notice to the public, but I'm going to insist, you know, tomorrow and throughout this that whatever the deal is that it be published, that everybody knows what the deal is, because, folks, you just can't do people this way and call it -- you know, this is what happened to the American Indian. Everybody -- you know, every time there was some gold found or every time something was City ofMiami Page 163 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 found, you all had to get up and move, the Indians had to move, and I'm just not going to go along with that, so I'm just serving notice on you, Mr. Attorney, because I'm meeting with you privately. I'm serving notice on the Mayor, the public and everyone else that I will not go along with that. I have a responsibility. For 100 years, that land has been in the hands of that community, and I'm not going to let somebody come in here and make a motion, and we all vote on something, and we don't even know what the underlying deal is, just in the name of development, so I would just hope that everybody would be on notice, please, and I would want to respect everybody on this dais, but I really think, you know, you need to pay attention to this, please. Commissioner Regalado: Mr. Chairman. Chairman Teele: Commissioner Regalado. Commissioner Regalado: Can I suggest something in terms of what your concern is? See, whenever we have a zoning matter, the City somehow posts in an area the public hearing, and everybody reads them. I would suggest that because this is a special issue, that because this is an issue of public interest, we advertise this public hearing at a time certain, whenever you choose, and we post this in the Overtown and the area that would be impacted, and the area around the area impacted, so the residents will have direct contact with -- because in Overtown, everybody walks and that they would have direct contact with the information. It's easy to do. It's cheap, it's cheap to do. It can be done, because if we do it for the zoning, we can do it for this and post -- Chairman Teele: If you move it -- Commissioner Regalado: I'll move it. Commissioner Gonzalez: I'll second. Chairman Teele: Moved and seconded that the City staff be requested to post a notice of the meeting and the details that are available. Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: Opposed? The only thing that I want to say, Mr. Attorney and Mr. Manager, Madam Manager, for the record, we're putting ourselves in a time box. You don't even have the facts right. Can you tell us, Mr. Attorney, what the deal is right now? Have we -- is there an agreement by Commissioner Winton, who is chairing this process and the Mayor and the powers that be as to what the deal is with the -- with all parties? Mr. Vilarello: There's a general consensus on most of the major issues, but the devil's into detail, and the document's not finally complete, so the only way to properly answer the question is that until that document is complete and finalized, there is no deal. Chairman Teele: And yet, we're being asked to meet on this on the 25th, so how does the public know, how do we know -- and, you know, we continue to make everything a crisis. Everything has to be done and I'm just here to say to you respectfully, one, putting an item like this on the zoning agenda is asking for trouble. OK? You know, that's a 1 a.m. kind of deal, and number two, it doesn't make sense to have this item up until the public knows what it is, and it has been vetted and put out in the light of day. This will not be done under the cover of darkness as far as this one Commissioner's vote is concerned. All right. Commissioner Regalado: Well, you control the agenda. City ofMiami Page 164 Printed on 8/3/2006 City Commission Meeting Minutes March 11, 2004 NA.11 04-00289 Chairman Teele: I'm not going to control the agenda when this item comes up. I'm going to yield to someone else, because I'm going to be an advocate. I'm not going to get caught up in -- being the Chairman is not fair sometimes. Commissioner Regalado: Mr. Chairman, but think if there is interest -- and I know that there is -- and the people will be here, and this Commission always accommodates the people, and, you know, I, for one, am ready to discuss that. DISCUSSION ITEM Status of Miami Arena DISCUSSED Commissioner Regalado: Butl would like to ask the City Attorney one question. What is happening -- Alex, what is happening with the arena deal? Because the only information I got is through the -- reading the media. Is there a deal? Did they sign the agreement or what? Alejandro Vilarello (City Attorney): As of this morning, no. Commissioner Regalado: So what's happening? Five days have passed. Mr. Vilarello: Well, the five days was five days for us to review it once they've executed the agreement, so that hasn't started, and as far as the current status of the discussions, I'd have to defer to the City Manager on that. Commissioner Regalado: OK, so, you know, so -- I mean, I just don't want to rain in anybody's parade, but since I am a very bad baseball player, every time they throw me a curve, I vote "no." Commissioner Gonzalez: Are we through? Chairman Teele: Are there any other matters, please, to come before the Commission? If not, a motion to adjourn -- Commissioner Gonzalez: Motion to adjourn. Chairman Teele: -- is always in order. We stand adjourned. Commissioner Regalado: Thank you. City ofMiami Page 165 Printed on 8/3/2006