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HomeMy WebLinkAboutCC 2004-06-10 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www. ci. miami. fl. us Verbatim Minutes Thursday, June 10, 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 Verbatim Minutes June 10, 2004 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS Page 3 MV - MAYORAL VETOES Page 3 AM - APPROVING MINUTES Pages 3-4 M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS Pages 6-8 D5 - DISTRICT 5 ITEMS Pages 8-16 PH - PUBLIC HEARINGS Pages 17-89 EM - EMERGENCY ORDINANCES Pages 90-95 RE - RESOLUTIONS Pages 96-103 BC - BOARDS AND COMMITTEES Pages 104-106 DI - DISCUSSION ITEMS Pages 107-126 PART B PZ - PLANNING AND ZONING ITEMS Pages 126-159 City ofAliami Page 2 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gonzalez, Commissioner Regalado and Chairman Teele Absent: Commissioner Winton and Vice Chairman Sanchez On the loth day ofJune, 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 9:39 a.m. by Chairman Arthur E. Teele Jr., with Vice Chairman Sanchez and Commissioner Winton absent, recessed at 12:28 p.m., reconvened at 3:09 p.m., recessed at 4:58 p.m., reconvened at 5:28 p.m., and adjourned at 7:42 p.m. Note for the Record: Vice Chairman Sanchez came in at 9:42 a.m. and Commissioner Winton came in at 9: 48 a.m. ALSO PRESENT: Joe Arriola, City Manager Alejandro Vilarello, City Attorney Priscilla A. Thompson, City Clerk Sylvia Scheider, Assistant City Clerk PRESENTATIONS AND PROCLAMATIONS DELIVERED Commissioner Regalado recognized the Shenandoah Park Cheerleading and Dance team for winning the 2003 & 2004 National Championships. Chairman Teele: Please be seated. Thank you very much. Commissioner Regalado: Can we do the -- Chairman Teele: Yeah. Just go ahead and do that. We have a wonderful day today -- in addition to our Community Development day, we've got world champions here in the audience, and so without further ado -- Priscilla Thompson (City Clerk): We're back -- Chairman Teele: We're back on? Ms. Thompson: I'm sorry. Chairman Teele: Without further ado, let me present Commissioner Regalado and Commissioner Gonzalez to make a presentation for some great Miami citizens. Presentations made. MAYORAL VETOES NO MAYORAL VETOES Chairman Teele: I should announce that there were no mayoral vetoes. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Vice Chairman Sanchez, seconded by Commissioner Regalado, to APPROVE PASSED by the following vote. City ofMiami Page 3 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton Chairman Teele: And, Madam Clerk, would you read the minutes for adoption, please? Priscilla Thompson (City Clerk): The minutes that need to be approved are the special meeting ofApril 29, 2004 and the regular meeting ofMay 6, 2004. Chairman Teele: Is there a motion? Vice Chairman Sanchez: So move. Commissioner Regalado: Second. Commissioner Gonzalez: Second. Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All those opposed have the same right. ORDER OF DAY Chairman Teele: Where's your sign guy, the interpreter? But who's the sign person, where's the sign person? I don't see them. OK. I just want to make sure he's here. Unidentified Speaker: They're here. Chairman Teele: But he should be down here. I mean, he should be sitting down here. Commissioner Regalado: He should be in front of the camera. That's where he should be. Chairman Teele: But not -- we're not -- I don't think we're ready, but I just want to make sure we're not -- Sir, are you the sign person? Yeah. You need to have a seat right here, yes. All right. Ladies and gentlemen, we'd like to proceed this morning. We'd like to have an early break for lunch. We have some items coming back this afternoon. Is there a request for deferrals or withdrawals from the agenda? Alejandro Villarello (City Attorney): Mr. Chairman, the Manager has requested that item RE.1 and Discussion Item 4, both related to bus benches and bus shelters, be deferred to the next meeting. Chairman Teele: RE.1 and what? Mr. Vilarello: Discussion -- DI.4. Commissioner Gonzalez: RE.1 and what else? Mr. Vilarello: And DL4. They're both related to bus benches, bus shelters. Chairman Teele: Is there a -- Priscilla Thompson (City Clerk): Excuse me. Excuse me, it's -- DI.1 is the item for bus benches, DI.1. Chairman Teele: DI.1 and RE -- oh, DI.1, not 4? City ofMiami Page 4 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Ms. Thompson: That's correct. Chairman Teele: Mr. Attorney. Mr. Vilarello: Yes. Chairman Teele: And RE (resolution) what? Mr. Vilarello: RE.1 and DI.1. Chairman Teele: All right. Is there a motion, please? Commissioner Sanchez: So move. Chairman Teele: Is there a second? Commissioner Regalado: Second. Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? Other items for deferral. All right. What time are we scheduled to come back after lunch, Mr. -- Madam Clerk, Mr. Attorney? Ms. Thompson: We have advertised -- the PZ (Planning & Zoning) items are advertised to start at3p.m. Chairman Teele: At 3 p.m., the PZ items, and Mr. Budget Director, Mr. Manager, what time -- what is the item relating to the update on the budget? Is there a budget item on here today? Isn't there a budget item? Commissioner Gonzalez: Yes, there is one. Joe Arriola (City Manager): Yeah, EM.1. Chairman Teele: Huh? Mr. Arriola: Oh, I'm sorry. EM.1. Chairman Teele: OK. What time did you all want to take that item up today? Mr. Arriola: We could do it now, if you want. Chairman Teele: No. Commissioner Gonzalez: No. Mr. Arriola: No. Chairman Teele: Well do it this morning. Mr. Arriola: OK. City ofMiami Page 5 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Chairman Teele: There has, apparently, been several press inquiries about that, so just make sure the Budget Director has all of his facts together, please. 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 DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 04-00555 DISCUSSION ITEM DISCUSSION CONCERNING AN UPDATE FROM THE ADMINISTRATION REGARDING THE QUALITY OF CAPITAL IMPROVEMENT PROJECTS AND THE ECONOMIC IMPACT OF ADMINISTRATIVE ERRORS. 04-00555-cover memo.pdf DEFERRED A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and was passed unanimously, with Commissioner Winton absent, to DEFER item D4.1 to the next Commission Meeting. Chairman Teele: All right. Further items to be taken up by any member of the Commission, pending the presence of the fifth Commissioner. Commissioner Gonzalez has no district items. Commissioner Regalado, did you want to discuss the update from the administration regarding the City ofMiami Street Feeding Program? No, not now. No, please don't, no. We'll be doing that all day. Capital improvement, economic impact. Commissioner Regalado: I will defer that to the next Commission meeting (INAUDIBLE). Chairman Teele: Motion to defer Item D4.1 to the next Commission meeting is moved. Commissioner Gonzalez: Second. Chairman Teele: Is there objection? All those in favor of the deferral, say "aye." The Commission (Collectively): Aye. Chairman Teele: Those opposed have the same right. City ofMiami Page 6 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 D4.2 04-00638 DISCUSSION ITEM DISCUSSION CONCERNING AN UPDATE FROM THE ADMINISTRATION REGARDING THE CITY OF MIAMI STREET FEEDING PROJECT. 04-00638-cover memo.pdf DISCUSSED Direction to the City Attorney by Commissioner Regalado to draft language for an ordinance that the City will eventually propose to stop the feeding of homeless on City ofMiami sfreets. Commissioner Regalado: Mr. Chairman, can I -- Chairman Teele: Pocket items, please. Commissioner Regalado: -- can I have the report on the homeless feeding? Brad is here. As you know, the City sent a letter to all the religious organizations. We have gotten some feedback . Also, the City Manager sent a letter to a religious group in Key West, Florida, asking them to cease and desist of sending homeless by bus to the City ofMiami and, also, there is a forum that has been called for the 21 st, I think -- Brad Simon: 21 st. Commissioner Regalado: -- and we will be attending. As you know, when you directed me to go before the Trust, the Trust offered the City and myself a seat in the Trust, representing the League of Cities, and I will be part of the Trust so, having said that, we have not gotten a very favorable response from the religious groups regarding the feeding in the sfreets of the City of Miami, so maybe Brad can -- would you? Mr. Simon: Brad Simon, Homeless Program Administrator. Actually, there were 75 letters that went out to various agencies. I have received 10 phone calls. They are on the fence; some are for, some are against. Some of the agencies have said that they would support the busing idea. Some have said that they will not. There was a forum that was put together between the Miami Coalition for the Homeless and the Homeless Formerly Homeless Forum, which is a voice for the homeless for, as Commissioner stated, June 21 st, at 1:30, where all of the churches are going to be getting together. I have been invited. Commissioner Regalado has been invited, as is any other City administrator or official, and all of the organizations are going to get together, and they would like to come up with a dialogue. It is called just a dialogue, where they can make recommendations to the City as to how we can all work together. Commissioner Regalado: Mr. City Attorney, two questions: I have suggested that Commissioner Gonzalez would attend that. Is that OK in terms of -- that meeting is public. It's noticed. Alejandro Vilarello (City Attorney): If it's at a public meeting, Commissioner Gonzalez can attend. Commissioner Regalado: OK. The second question: As a representative of the City Commission, I would need to have the exact ordinance that the City would eventually propose to stop street feeding, because what you gave us in the package is a very comprehensive package, but it's a whole package, and it has a lot of components, so -- Mr. Vilarello: Certainly, if you were going to impose only one of those ordinances, it wouldn't be my recommendation, but the ordinance that's in that package, which prohibits street feeding, is the form of the ordinance that would recommend. City ofMiami Page 7 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Commissioner Regalado: But we can do that alone, by itself? Mr. Vilarello: My recommendation includes that as a piece of five different components of dealing with some of the symptoms that we -- Commissioner Regalado: Yes or no? Mr. Vilarello: No. Commissioner Regalado: OK, but will take it with me so they can understand the consequences when this is passed by the City Commission. Mr. Vilarello: Mr. Chairman, you could adopt it by itself. I just would not recommend it. Commissioner Regalado: I understand that, Alex, but I'm just telling you that -- you know, so they know. OK, so we will be able to come back on the 24th and give you a report about the feedback from these religious groups. As of now, they keep feeding? Mr. Simon: As of right now, everything is as it was. They are feeding in the two locations, yes, sir. Commissioner Regalado: So no one has met with you in order to facilitate the busing of homeless? Mr. Simon: No, they have not. Commissioner Regalado: OK, so the 24th, Mr. Chairman, I'll be back to the City Commission with the report. Thank you. Vice Chairman Sanchez: Good to see you, Brad. Keep up the good work. Chairman Teele: All right. DISTRICT 5 CHAIRMAN ARTHUR E. TEELE, JR. D5.1 04-00568 DISCUSSION ITEM DISCUSSION REGARDING MR. ROGER SNELL AND THE FAMILY REHAB PROGRAM. 04-00568-email.pdf DISCUSSED Direction to the City Attorney by Chairman Teele to work with the City Manager and Mr. Snell regarding Mr. Snell's concerns about the Family Rehab Program work for his home and come back to the Commission with a report and recommended solution; further stating that ifMr. Snell is not satisfied with the recommended solution, the matter will come back at the Commission Meeting currently scheduled for July 8, 2004. Chairman Teele: Barbara, you're back on now. Now, that you've got your accolades. Barbara Rodriguez (Director, Community Development): Now you're going to take them away. City ofMiami Page 8 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Chairman Teele: Do we have a satisfactory -- Barbara, why don't you take this mike, just -- Ms. Rodriguez: Yeah. Chairman Teele: Or so -- Commissioner Winton: So what are we on now? Ms. Rodriguez: Let me give him -- Chairman Teele: This is Discussion Item 5.1, Mr. Roger Snell and Family Rehabilitation Plan. It's a CD (Community Development) related item. Commissioner Winton: Oh, it is? Fine. Chairman Teele: All right. Barbara, just tell us that everything has been worked out, and you all have an agreement. Not that simple? Ms. Rodriguez: I wish I could say that. Barbara Rodriguez, Department of Community Development. I can tell you that everything has been approved, according to H.J. Ross' report, that the plans are approved. Mr. Snell has a letter from me that basically says that Joe Arriola has given him the waiver. There are two issues that he has some concerns. One is, he wants to pick the highest bidder, which we can't. He can choose the highest bidder, but we would have to pay at the lowest bidder, and the other issue is -- Chairman Teele: In other words, he can pick the highest bidder -- you don't have an objection -- but you can only pay at the lowest -- Ms. Rodriguez: Right. Chairman Teele: -- responsible bid? Ms. Rodriguez: Right. Chairman Teele: OK. Ms. Rodriguez: And the second thing is that he would have to sign a note modification to include all the increases that would go against his house. In the event that he sells it in the next 10 years, he would have -- that money would have to come back to the City. If he lives that, then he won't have to pay. Chairman Teele: Mr. Attorney, what's the issue on the note modification? Is there an issue? Alejandro Vilarello (City Attorney): I'm not sure butl (INAUDIBLE). Ms. Rodriguez: No. I don't think that -- it has not reached the Law Department. We sent him the letter and I think that's what he wants to address to the City Commission, Mr. Snell, but -- Mr . Snell can -- Chairman Teele: All right. Mr. Snell. Roger Snell: Yes. Chairman Teele: Welcome. Thank you for being here. City ofMiami Page 9 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Mr. Snell: Thank you. I do have questions about this -- Chairman Teele: Your name and title -- address for the record, please. Mr. Snell: Roger Snell, 920 Northwest 10th Avenue, and there are a number of issues involved in this. To increase the note to $82, 000 is to increase without reason. I -- the original note was for $40, 000, for improvements to be made, and those improvements were made at substandard level, and I objected to the quality of those improvements, and it seems that this is punitive to then charge me for the increase in cost that will be involved in removing that poorly installed work, and then reinstalling it at what would be a higher rate because contractors simply do not want to clean up the mess that others have made. Chairman Teele: Is that the only issue at this point where we are now? Mr. Snell: Pardon me? Chairman Teele: Is that the only issue, Mr. Snell, that we have left open now? Mr. Snell: That's the key issue. I -- Chairman Teele: Are there any other issues other than that? Mr. Snell: Yes, the low bid amount. I picked the middle bidder as my preferred contractor. The low bid actually came in incomplete in many ways and, typically, a bid is given out where -- at the city or government level where a low bidder isn't necessarily the highest qualified bidder, and because that bid came in incomplete, I was uncomfortable with it. It was also from a company that was recommended by -- Chairman Teele: Well, if the bid's incomplete, it's a non -responsive bid, so that's a matter that the Attorney needs to sit down with the Director on. An incomplete bid is a non -responsive, or a bid that has irregularities; one of the two. Commissioner Winton: That shouldn't be accepted. Chairman Teele: And it does not -- if it's non -responsive, it is not acceptable. If it has irregularities, it may be waived, and if it's an irregular bid, then that's something the Attorney and you, and the Director can sit down on, and then there may be a way to go to the next -- Ms. Rodriguez: Right. Chairman Teele: -- or to provide that as a credit. Mr. Snell: I was further uncomfortable with it because the contractor was recommended by Department of Community Development, and I have been through two contractors -- Chairman Teele: Wait, wait, wait. What did you just say? Mr. Snell: It was recommended -- Commissioner Winton: The contract was -- Mr. Snell: -- through the Department of Community Development, and I'm uncomfortable with that because I've been through two previous -- City ofMiami Page 10 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Chairman Teele: Butl thought you said it was a bid. Mr. Snell: It is a bid from a confractor -- Commissioner Winton: A bid -- but the confractor that bid was one that came through Community Development, and he's saying he's uncomfortable with that because he's already been burned twice by contractors that came through CD. Mr. Snell: Thank you. Commissioner Winton: Is that what you're saying? Mr. Snell: Yes, exactly. Ms. Rodriguez: We can look at the bids and determine if the bids were not accurate. We will go to the next one and determine that the -- you know, that the charges are correct. Right now, we have three bids -- his is the highest -- and the issue -- Chairman Teele: He said it's not the highest; it's the middle. Ms. Rodriguez: Well -- Commissioner Winton: The middle. Ms. Rodriguez: No. We have -- Mr. Snell: No. It is the middle, and -- Commissioner Winton: The one he wants is the middle. Mr. Snell: -- it was reviewed by H.J. Ross, line item. It was complete in every way when it was submitted, and it was noted by H.J. Ross that it was the only -- Chairman Teele: Are those the only three issues that you have? Ms. Rodriguez: I think he said two, the note modification and the bid -- the selection of the contractor, which a selection -- Mr. Snell: My exposure -- Ms. Rodriguez: -- I wouldn't have a problem having the Law Department review it. Chairman Teele: Huh? Mr. Snell: My exposure should not be increased. Commissioner Winton: Your what? Mr. Snell: My exposure should not be increased. Chairman Teele: That's the first item. Commissioner Winton: No. That's that first item. Mr. Snell: That's one. City ofMiami Page 11 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Ms. Rodriguez: Right. Commissioner Winton: We already -- Mr. Snell: And should be allowed a contractor that I'm comfortable with. Commissioner Winton: OK, so that's two issues. Ms. Rodriguez: Right. Chairman Teele: All right, so the appropriate action would be to recess this item; to instruct the City Attorney to work with the Manager, and to come back within 30 days -- within 30 days -- on a recommendation -- recommended solution. Ms. Rodriguez: No problem. Chairman Teele: Is that satisfactory to you, Mr. Snell? Commissioner Winton: Is the issue on the -- Chairman Teele: Well, why don't we say at the next regular meeting? Is that satisfactory? Mr. Snell: When is the next regular meeting? Chairman Teele: When is the next meeting? Ms. Rodriguez: Can it be July 8th? Because the next one will be the 26th. Commissioner Winton: Oh, that's too long. Ms. Rodriguez: We won't be here. Mr. Vilarello: 24th. Ms. Rodriguez: Could it be July 8th? Chairman Teele: Within the next 30 days, so it can be the 28th, or the next meeting or -- Ms. Rodriguez: It could be July 8th. Chairman Teele: -- the next one after that, whichever one the Attorney decides to put it on the agenda on, but we've got to get him to get out here and work with the facts, with the Manager -- Ms. Rodriguez: Right. Chairman Teele: -- and to work with Mr. Snell, and to come in with a -- Mr. Snell: Does this have to be treated at a public hearing, because -- Chairman Teele: Say again? Mr. Snell: -- you assigned H.J. Ross -- tasked them with -- Chairman Teele: I didn't task anybody. I tasked the Manager -- the Attorney. City ofMiami Page 12 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Mr. Vilarello: Mr. Chairman -- Commissioner Winton: No, he's -- Mr. Vilarello: -- we could review the item with Mr. Snell. If he's satisfied with our review -- Ms. Rodriguez: Then we don't bring him back. Mr. Vilarello: -- and our conclusion, we could come back to the City Commission without further public discussion. His question was: Does it have to come back to a discussion? We can meet independent -- Chairman Teele: It does not need to come back for a discussion. Ms. Rodriguez: Right. Mr. Snell: I need it resolved. I need my home repaired. Chairman Teele: All right. Well, what we would like to do is get a report after it's been resolved, but you all resolve it and move on, if that's satisfactory to the Commission. Commissioner Winton: Well, I'm just curious -- I'm wondering about this -- the note, the difference between the 40 and 82,000, whether that's a -- is that a public policy issue, or is that some -- is that some HUD (Department of Housing and Urban Development) rule? Ms. Rodriguez: That's the fund -- no. This is funded by the State, and any money we put out on a house has to be secured because of an affordability period. Commissioner Winton: But his point that this was paid for, I'm assuming, by other public funds, the first 40,000, became totally unsatisfactory, didn't work, and it's being redone, so ifI own a private house and I have a private contractor, unless he goes bankrupt, I'm going to -- he's going to be stuck with his $40, 000 price, some minor overages, and I'm going to ultimately get my work done, unless he goes bankrupt, and if he goes bankrupt, then I'm going to have to pay again. That's the way it works in the private world. In this case, if it's public funds -- and, again, I don't know where the contract was that the first and second were -- but it seems to me to not necessarily be great public policy that he's going to get stuck with a second mortgage for $82, 000 because we've had confractors that couldn't get the job done right, so I don't know if it's a policy issue, or whether this is something that works -- tied to rules and regulations related to funds. Ms. Rodriguez: The -- there were two confractors selected by Mr. Snell, and Mr. Snell approved the payments for those contractors. If we would have been able to do something then, where he would say, in not signing the payment request to pay the contractor, " maybe, you know -- unfortunately, he did. Not $40, 000 have gone out, only $6, 700 to one, and 8,000 to the other so, in reality, there's only -- Commissioner Winton: 14,000. Ms. Rodriguez: That's the only money that has gone out from the $40, 000. The problem that we have now is more expensive because they're demolishing what the other contractors did, so that's why it goes up to 83,000. Commissioner Gonzalez: Well -- City ofMiami Page 13 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Hs. Rodriguez: 13,000 went out -- Commissioner Winton: Who administered the original $14, 000 of the work? Hs. Rodriguez: It was the City, in the year 2000 and 2001. Commissioner Winton: Yeah, but so -- Hs. Rodriguez: So there's $13,000 that -- Commissioner Winton: So we have -- Hs. Rodriguez: -- were a problem. Commissioner Winton: And our system back then, we had a homeowner that was signing off on the inspection -- Hs. Rodriguez: Right. Commissioner Winton: -- to determine whether or not the work was quality or not? Hs. Rodriguez: Right. Commissioner Winton: That doesn't seem logical to me. Hs. Rodriguez: There's $13, 000 that they were paid. Chairman Teele: But I do think -- Johnny, I agree that the homeowner should not be signing off on an inspection, but I think -- in this program, where you're doing the rehabilitation for a homeowner, with a homeowner, in fact, living in the building, the homeowner should be required or allowed to certify that he's satisfied with the work. Now -- Commissioner Winton: But it ought to be kind of a joint deal there where -- Chairman Teele: It ought to be sort of a joint thing. Hs. Rodriguez: Right. Commissioner Winton: So that he's not just the technical guy. Chairman Teele: But he should not be the technical guy, at all. Commissioner Winton: Yeah. Hs. Rodriguez: Right. Commissioner Winton: But does -- going from the 40 today, too, if -- what I'm hearing, I think, is that this -- is this going to be a second mortgage, treated as a second mortgage? Hs. Rodriguez: Yes, it is a second mortgage. He doesn't pay for it if he lives the property. Commissioner Winton: It what? Chairman Teele: But I -- City ofMiami Page 14 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Ms. Rodriguez: He does not pay for it if he lives the property, so every year it gets reduced -- Chairman Teele: But let's assume that he sells the property. Ms. Rodriguez: Right. Mr. Vilarello: Then he's got to pay it back. Ms. Rodriguez: Then that money comes back. Commissioner Winton: (UNINTELLIGIBLE) $82, 000 second, and that's my -- my whole issue is Ms. Rodriguez: Right. Commissioner Winton: -- I can't get to the math on the 82. It doesn't seem logical to me, and I'm -- that's the only question on it. Chairman Teele: We all are sympathetic, Mr. Attorney -- Ms. Rodriguez: Right. Chairman Teele: -- to the fact that somebody should not be required to have a mortgage on work that has to be redone in the full amount of the work that was done. I mean -- Ms. Rodriguez: Let me go back, see what all the new additions are, and maybe it's not the whole 83, but there might be new work that was never taken into consideration, and come up with that cost. Commissioner Winton: And what's the forgiveness period? Ms. Rodriguez: Ten years. Chairman Teele: Ten years. Commissioner Winton: OK. Ms. Rodriguez: Prorated ten years. Commissioner Winton: OK, got it. I'm clear. Thank you. Come back. Chairman Teele: And this is the program that I discussed with the Mayor yesterday, and again this morning, that we really -- we've had so many administrative problems with it -- Ms. Rodriguez: We have. Chairman Teele: -- that everybody's frustrated, but we cannot walk away from this program because this program, according to your own FIU (Florida International University) studies, are saying that the biggest problem that we're having in the Community Development area are houses that are deteriorated -- Ms. Rodriguez: Right. City ofMiami Page 15 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Commissioner Winton: Right. Chairman Teele: -- that need -- Ms. Rodriguez: To preserve. Chairman Teele: -- to be rehabilitated, preserved, et cetera, et cetera, et cetera; thatl think that's you all's finding. Commissioner Winton: Which -- Ms. Rodriguez: Correct. Commissioner Winton: -- is a lot cheaper than building a new house. Chairman Teele: Which is a lot cheaper than building new houses. Ms. Rodriguez: Yes. We will work -- Commissioner Winton: And, frankly, pretty good quality stock, if you can rehab them. Ms. Rodriguez: Right. Chairman Teele: Exactly. Are you satisfied with the Attorney working on this matter, and not having to come back to us if you all can work it out satisfactorily? If it's not satisfactory, then I'll come back to us. Mr. Snell: Yes, I am. I'm not satisfied with certain aspects of this discussion. Commissioner Winton: Well, we know -- we don't -- Mr. Snell: If we can work it out -- Commissioner Winton: But you don't have any answers yet. Mr. Snell: -- where I'm not exposed more than $40, 000, I can have a satisfactory contractor, and that am accredited with the four years -- Commissioner Winton: But you're not -- Mr. Snell: -- that have been funded -- Commissioner Winton: -- you're not listening to us. There have been no decisions made today. Mr. Snell: Yes. Commissioner Winton: None, and there's been a series of recommendations made that are designed to address your issues. Mr. Snell: OK Commissioner Winton: Whether they get finally resolved in these further negotiations between you all to your satisfaction or not, we don't know. Mr. Snell: OK City ofMiami Page 16 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Commissioner Winton: And you don't know yet. Mr. Snell: Then we'll give it a fry. Commissioner Winton: Within another week or two, you're going to know, and if they're not resolved to your satisfaction, you're going to be back here on June 9th. Mr. Snell: Thank you. That's perfect. Ms. Rodriguez: That's fair. Chairman Teele: Or July 8th. Mr. Vilarello: July 8th. Commissioner Winton: Yeah. That's what I meant, July 8th. I didn't give you the right date. Chairman Teele: All right. Further discussion. Then this requires no formal action, Mr. Attorney? Mr. Vilarello: No. Ms. Rodriguez: No. Commissioner Winton: No. Chairman Teele: And we appreciate very much your being here and your neighbor. Are there any other matters that need to come before us this morning? Is there anybody here that was here for an item that they just have to be heard this morning? We probably won't be able to hear it, but at least be recognized. If not, can we come back at 2:30 and fry to resolve some of these -- or you want to do it at 3? Whatever is convenient. Commissioner Winton: Oh, I don't care. Chairman Teele: 2:30, and try to resolve some of the issues before -- Commissioner Gonzalez: I believe Commissioner Sanchez is under the impression that it's going to be at 3 o'clock; also, Commissioner Regalado. Chairman Teele: He's under 2:30, OK. We'll say 3 o'clock then. Commissioner Winton: OK, fine. Chairman Teele: Thank you. Commissioner Gonzalez: Thank you. City ofMiami Page 17 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 PUBLIC HEARING PH.1 04-00427 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE CITY MANAGER TO DECLARE SURPLUS THE CITY - OWNED PROPERTY LOCATED AT 1390 NORTHWEST 24TH AVENUE, MIAMI, FLORIDA ("PROPERTY"), AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT (" AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH ALLAPATTAH COMMUNITY ACTION, INC., ("PURCHASER"), A FLORIDA NOT -FOR -PROFIT CORPORATION, FOR THE SALE OF THE PROPERTY, TO DEVELOP A UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD") ELDERLY HOUSING FACILITY FOR VERY LOW, LOW AND/OR MODERATE INCOME FAMILIES AND/OR INDIVIDUALS, FORA MINIMUM PURCHASE PRICE OF $248,141, PENDING VERIFICATION OF CONSTRUCTION COST ESTIMATES AND TO CONSUMMATE SUCH TRANSACTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, SUBJECT TO THE CONDITIONS CONTAINED HEREIN; ALLOCATING PROCEEDS FROM THE SALE OF THE PROPERTY TO A CITY-WIDE AFFORDABLE HOUSING TRUST FUND. 04-00427-cover memo.pdf 04-00427-public notice memo.pdf 04-00427-public notice .pdf 04-00427-exhibit 1.pdf 04-00427-exhibit 2-agreement.pdf 04-00427-exhibit 3-legal description. pdf 04-00427-exhibit 4-map.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Teele Absent: 2 - Commissioner Sanchez and Regalado R-04-0380 Keith Carswell (Director, Economic Development): Miriam's here. Commissioner Gonzalez: PH.1. Mr. Carswell: I don't know if she -- Chairman Teele: PH.1. Mr. Carswell: Keith Carswell, Director for the Department of Economic Development. PH.1 is the authorization for the sale of the 1.6 acre surplus property to Allapattah Community Action Agency. Chairman Teele: All right. This is a public hearing. Any person desiring to be heard on PH.1 should come forward. Are there any persons coming forward on the sale of the acreage in Allapattah? If not, the public hearing is closed. Is there a motion by Commissioner -- Commissioner Gonzalez: I'll move -- City ofMiami Page 18 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Chairman Teele: -- Gonzalez? Commissioner Gonzalez: I'll move PH.1. Commissioner Winton: Second. Chairman Teele: Second. Madam President, Ms. Urra, did you want to put -- Ms. Urra, did you want to put your name and address on the record, and did you want to say -- Miriam Urra: Yes. My name is Miriam Urra. I'm here representingAllapattah Community Action, Inc., located at 2257 Northwest North River Drive. Chairman Teele: And you're satisfied with the transaction? Ms. Urra: I am very happy with everything, and I would like to congratulate the staff here with us today. They've been very helpful, and I'd like to say thank you for these Commissioners -- all these Commissioners' support, especially my Commissioner, Angel Gonzalez, that he's been very helpful through all this work that we've been doing. Thank you, Commissioner. Chairman Teele: Ms. Urra, as you leave -- Ms. Urra: Thank you very much. Chairman Teele: -- please step over the blood and guts that he beat out of people getting this thing right. Commissioner Winton: Yes, I remember some of that. Chairman Teele: So thank you for being here. Ms. Urra: Thank you. Chairman Teele: And I'll tell you, your Commissioner has done a wonderful job on this, I think. Commissioner Gonzalez: Thank you. Chairman Teele: Thank you so much. OK. On the motion -- with a motion and a second, all in favor, say "aye. The Commission (Collectively): Aye. Chairman Teele: All opposed? The item is unanimously adopted by a vote of 3/0, with the item PH.2 coming back right after lunch, requiring a four fifths vote. Mr. Carswell: Correct. Chairman Teele: All right. Commissioner Gonzalez: All right. PH.2 04-00569 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 City ofMiami Page 19 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 DETERMINATION THAT IT IS IN THE BEST INTEREST OF THE CITY OF MIAMI ("CITY") THAT UPON THE CONVEYANCE OF CITY -OWNED PROPERTY LOCATED AT 1390 NORTHWEST 24TH AVENUE, MIAMI, FLORIDA ("PROPERTY"), THAT ALLAPATTAH COMMUNITY ACTION, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION ("PURCHASER"), RECEIVE AN EXEMPTION TO SECTION 18-182(a)(3), OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, REQUIRING A PURCHASER OF CITY - OWNED PROPERTY TO MAKE ANNUAL PAYMENTS IN THE AMOUNT OF TAXES THAT THE CITY WOULD BE ENTITLED TO RECEIVE FROM THE PROPERTY, BASED ON FAIR MARKET VALUE SHOULD THE PROPERTY BECOME IMMUNE, OR EXEMPT FROM PAYMENT OF AD VALOREM TAXES FOR SAID PROPERTY. 04-00569-cover memo.pdf 04-00569-public notice memo.pdf 04-00569-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-04-0382 Chairman Teele: And we have four Commissioners present. Can we take up Item PH.1? PH.1, which is a public hearing. Madam -- Priscilla Thompson (City Clerk): Commissioner, excuse me. It's actually PH2. Chairman Teele: PH2. Mr. Director, you're recognized. Joe Arriola (City Manager): Put the microphone on. Chairman Teele: Go right ahead, Keith. Keith Carswell: Keith Carswell, Director for the Department of Economic Development. This is actually a companion to PH.1, which was the sale of the property to Allapattah for the 202 program. Typically, when we convey property to organizations for affordable housing, we require a -- that the property has a deed restriction, where they make payments in lieu of taxes. Well, HUD (Department of Housing and Urban Development), through the 202 program, does not allow any deed restrictions on the property. By a four fifths vote of the Commission, this will enable the organization -- you'll be able to waive the deed restriction, which will require it be payments in lieu of taxes against the property. Chairman Teele: Is there -- This is a public hearing. Any person desiring to be heard on the PH .2, relating to the Allapattah property at 1390 Northwest 24th Avenue should come forward. Are there persons coming forward? There are no persons coming forward. The public hearing is closed. Commissioner Regalado -- Commissioner Gonzalez. Commissioner Gonzalez: I'll move PH2, Mr. Chairman. Chairman Teele: Motion -- Commissioner Regalado: Second. Chairman Teele: -- by Commissioner Regalado. Is there objection? Madam Clerk, call the roll. City ofMiami Page 20 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 A roll call was taken, the result of which is stated above. Ms. Thompson: The resolution has been adopted, 4/0. 9:30 A.M. PH.3 04-00583 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONVEYANCE, WITH PARCEL REVERTER PROVISIONS, OF THE CITY - OWNED 12 UNIT MULTI -FAMILY APARTMENT BUILDING LOCATED AT 2368 NORTHWEST 35TH STREET, MIAMI, FLORIDA ("PROPERTY"), TO ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC., A NOT -FOR - PROFIT CORPORATION, TO REHABILITATE THE PROPERTY AND PROVIDE AFFORDABLE HOUSING OPPORTUNITIES FOR ELIGIBLE LOW- INCOME PERSONS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 04-00583-cover memo.pdf 04-00583-notice of correction.pdf 04-00583-public notice.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0370 Chairman Teele: All right. This morning, we have a scheduled Community Development hearing. What we'd like to do is dispense with those items, and those items that require our sign interpreter, as the first item of business, and these items will be public hearing, and they will be signed in accordance with our new ordinance, or rules relating to public dissemination of information. Welcome, Madam Director. Barbara Rodriguez: Barbara Rodriguez, Department of Community Development. PH.3, we're requesting approval to fransfer a building located at 2368 Northwest 35th Street -- Chairman Teele: All right. Ms. Rodriguez: -- to the Allapattah Business Development. Chairman Teele: All right. Before you start that, Ms. Rodriguez, I think we ought to -- All right. Is there a -- this is a public hearing. Any person desiring to be heard on PH.3, the fransfer of these items, or PH.4, or PH.5? Ms. Rodriguez: PH.5 is accepting funds. Chairman Teele: PH.3 or 4, please come forward. Any item regarding the transfer of land for development. Are there any persons coming forward? There appear to be no persons coming forward. The public hearing is closed. All those -- discussion. Commissioner Gonzalez: Mr. Chairman. Chairman Teele: Madam Director. Mr. -- Commissioner -- the Commissioner Gonzalez. City ofMiami Page 21 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Commissioner Gonzalez: Mr. Chairman, let me give you a story -- the history of this building. This building was -- the City contributed to the rehab of this building some ten years ago. The prior owner was not able to comply with the commitment that he made to the City. After three years, the City repossessed the building, and for seven years, the building has been abandoned and the probable situation -- I know there was some negotiations with another CBO (Community Based Organization) to take care of the -- to take possession of the building and rehab the building. Three years have lapsed. I've been patient enough. The amount of complaints that I've been getting from the neighborhood and from the church, and the people that attend church two blocks away from this building is incredible and, you know, and I said enough is enough. I want this building to be transferred to Allapattah Business Development, whom are capable and have the necessary funding to do the rehab of this building and put it out for rentals, which is very much needed in the community, for low or moderate income families, so I would like to move this item. Chairman Teele: There's a motion. Commissioner Regalado: Second. Chairman Teele: There's a second. Further discussion. All those in favor of the item, say "aye. The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. The -- PH 3 is adopted by a unanimous vote of 5. I should take -- Ms. Rodriguez: P -- PH.4 04-00584 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DE - OBLIGATION OF HOME INVESTMENT PARTNERSHIPS ("HOME") PROGRAM FUNDS, IN AN AMOUNT NOT TO EXCEED $650,000, PREVIOUSLY ALLOCATED TO THE MODEL CITY HOMEOWNERSHIP ZONE/PILOT PROJECT, AND ALLOCATING SAID FUNDS TO AN IN -FILL AFFORDABLE HOUSING PROJECT IN THE MODEL CITY AREA. 04-00584-cover memo.pdf 04-00584-notice of correction.pdf 04-00584-public notice.pdf 04-00584-pre legislation.pdf 04-00584-model city reso.pdf Motion by Commissioner Winton, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0371 Direction by Chairman Teele to the City Manager to work with the Model City Homeownership Trust to ensure that a model house be built on a corner lot to showcase the pilot project in the Model City Trust zone. Barbara Rodriguez (Director, Community Development): PH 4, we're requesting a de - obligation from the Model City Homeownership Zone of $650,000, and to be transferred to the City ofMiami Page 22 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Model City Infill Affordable Housing of 650, 000. This was approved by the Trust, and it will be -- to be funded by the Housing and Commercial Loan Committee, and it will be to build 13 homes. Chairman Teele: This is a public hearing. Any person desiring to be heard should come forward. There appears to be no persons coming forward. The public hearing is closed. Commissioner Winton: So move. Chairman Teele: Is there a motion? Commissioner Winton: So moved. Vice Chairman Sanchez: Second. Chairman Teele: Second by Commissioner Sanchez. Two questions and -- director. Are these lots primarily outside of the focus area of the Model City -- Ms. Rodriguez: It's all over. Chairman Teele: -- Trust? Ms. Rodriguez: It's all over from the Trust area. They have identified the lots that they will be transferring also. Chairman Teele: All right. What's the question, and what's the answer? Commissioner Winton: But it's in the zone. Ms. Rodriguez: It's in the zone, all over. Chairman Teele: Is it in the -- well, the -- there's two things here, and the zone is all ofModel Cities. Commissioner Winton: Right. Chairman Teele: The zone is 95 to 112, to 19th Avenue, to the City limits. Now -- so let's don't get confused about the zone. The Model City Homeownership Program is a targeted program within the zone, which is 12th Avenue to 9th Avenue, generally bordered by 54th Street on the south -- although it goes down to 112, between 17th and 19th Avenue -- and 62nd Street on the north. Are these lots within that area? It was my understanding that they were not; that these are primarily east of the zone. Ms. Rodriguez: I couldn't answer. I really don't have -- Chairman Teele: Well, I think it's a very important point, with relation to our ordinance that governs this, that says we're going to dah, dah, dah, dah, dah, dah, dah, and I think we ought to make sure that we're conforming. I mean, I think -- Ms. Rodriguez: OK Chairman Teele: -- this is a great program. I think it's a good thing and, in that regard -- Ms. Rodriguez: We're not transferring the lots here, so what -- if you want, we can amend it to -- City ofMiami Page 23 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Chairman Teele: No. Ms. Rodriguez: -- make sure that they're within the area. Chairman Teele: I don't want to amend it. Ms. Rodriguez: OK Chairman Teele: I just want you all to know what we're doing, and to make sure that we are fully coordinated on what we're doing, so we don't have the problems -- Ms. Rodriguez: OK Chairman Teele: -- of lack of coordination. All right. We have a motion and a second. Is there further discussion or objection? If not, all those in favor of the item, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed, say "no." Barbara, one of the things that we approved recently on the Model City Trust was these houses for them to do, and we instructed them to work with you and, I think, the Manager's Office -- I assume, Karen Cooper is working on this -- but, you know, the same way developers do all over the city, they build a model house first, one that, you know, sort of gets everybody to look at it, and we ask that you all work -- so would you all work to make sure -- Ms. Rodriguez: We will. Chairman Teele: -- that we don't -- that the first house that's built over there isn't on the smallest lot, you know; kind of thing that we build a model house, preferably on a corner, you know, dah, dah, dah, dah, dah. I'm talking now about the Model City Trust Program, and we really need to have better coordination, please. Ms. Rodriguez: We will. Chairman Teele: OK. Further dis -- PH.5 04-00585 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ACCEPTANCE OF STATE HOUSING INITIATIVES PARTNERSHIP ("SHIP") FUNDS, IN THE AMOUNT OF $1,756,498, FOR FISCAL YEAR 2004-2005, FOR THE IMPLEMENTATION OF THE LOCAL HOUSING ASSISTANCE PLAN; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR ACCEPTANCE OF SAID FUNDS. 04-00585-cover memo.pdf 04-00585-notice of correction.pdf 04-00585-public notice.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0372 City ofMiami Page 24 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 to accept the State Housing Initiative Partnership funds for fiscal year 2004-2005. The amount that we will be receiving is a million, seven fifty-six , four ninety-eight. Chairman Teele: This is a public hearing. Any person desiring to be heard regarding this item should come forward. There appears to be no persons coming forward. Commissioner Gonzalez: Move PH.5. Chairman Teele: It's a motion on PH.5. Commissioner Regalado: Second. Chairman Teele: Discussion. Discussion. Barbara, as you know, the Mod Rehab issue is a very difficult issue. Have we -- do you have a plan to distribute the Mod Rehab component of this, the Section 8 (Low Income Housing) Mod Rehab component? Commissioner Regalado: The Section 8 is PH.6, right? Ms. Rodriguez: Right. Chairman Teele: That's the item we're on, right? Commissioner Regalado: No. We're on PH.5. Ms. Rodriguez: PH.6 is -- PH.5 is just -- Chairman Teele: I stand corrected. Ms. Rodriguez: OK Chairman Teele: PH.5. Thank you for correcting me. All right. Is there further discussion? There is no further discussion. We have a motion and a second. All those in favor of the motion, signify by the sign of "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. The item is unanimously adopted by a vote of 5/0. PH.6 04-00586 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), APPROVING THE CITY OF MIAMI'S ("CITY") PUBLIC HOUSING AGENCY ("PHA") PLANS WHICH INCLUDE THE FIVE-YEAR PLAN FOR FISCAL YEARS 2005-2009, AND THE ANNUAL PLAN FOR FISCAL YEAR 2004, IN CONNECTION WITH THE IMPLEMENTATION AND ADMINISTRATION OF THE CITY'S SECTION 8 MODERATE REHABILITATION HOUSING PROGRAM, AS SET FORTH IN THE HOUSING CHOICE VOUCHER PROGRAM ADMINISTRATIVE PLAN, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO SUBMIT THE PHA PLANS, ATTACHED AND INCORPORATED, FOR REVIEW AND APPROVAL BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD") FOR THE CITY'S CONTINUED PARTICIPATION IN THE ABOVE MENTIONED FEDERAL RENTAL ASSISTANCE PROGRAM, AS SET FORTH IN THE HOUSING CHOICE VOUCHER PROGRAM City ofMiami Page 25 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 ADMINISTRATIVE PLAN, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS AND CERTIFICATIONS REQUIRED, IN SUBSTANTIALLY THE ATTACHED FORMS, AND IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER ALLOCATING SECTION 8 MODERATE REHABILITATION PROGRAM FUNDS, IN THE AMOUNT OF $3,100,000, FOR FISCAL YEAR 2004. 04-00586-cover memo.pdf 04-00586-notice of correction.pdf 04-00586-public notice.pdf 04-00586-exhibit 1-certification of plans.pdf 04-00586-exhibit 2- 5year-annual ver.pdf 04-00586-exhibit 3- cert. of compliance.pdf 04-00586-exhibit 4- admin. plan.pdf 04-00586-exhibit 5- drug free cert.pdf 04-00586-exhibit 6- anti -lobbying cert.pdf DEFERRED PH 6 was DEFERRED to the Commission Meeting currently scheduled for July 8, 2004. Chairman Teele: Madam -- Item 6. Barbara Rodriguez (Director, Community Development): PH 6 is requesting approval of the City ofMiami Five -Year Strategic Plan for the Section 8 (Low Income Housing) Moderate Rehabilitation Housing Program that we administer for USHUD (United States Department of Housing and Urban Development), and this is basically project driven. There are two buildings in Overtown, and there are 12 buildings in Little Havana in District 3. Commissioner Regalado: Mr. Chairman. Chairman Teele: Commissioner Regalado. Commissioner Regalado: I think it's important that we make sure that the people understand what we're doing, because what some people are reading is that it's going to be a huge cut in the federal budget for Section 8, which would impact in about 1,000 certificates in Miami -Dade County, most of them in the City ofMiami. This is totally apart. Ms. Rodriguez: Correct. This does not have nothing to do with vouchers. These were project driven, building driven, and it was a contract that the City did with USHUD and these buildings 15 years ago, and there's three years left in most of them. Commissioner Regalado: So we still have three years -- Ms. Rodriguez: Yes. Commissioner Regalado: -- of funding -- Ms. Rodriguez: Correct. Commissioner Regalado: -- for this. We cannot expand it though. Ms. Rodriguez: We cannot. Commissioner Regalado: OK. City ofMiami Page 26 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Commissioner Winton: Did you say expand or extend? Commissioner Regalado: Expand. Commissioner Winton: OK. Commissioner Regalado: Because, you know, what is going to happen is that, somehow, some people are going to be out of their apartments. They won't be able to pay the regular monthly payment, and they're going to come to the City complaining, and there's no way that we can get - Ms. Rodriguez: Right. Commissioner Regalado: -- more people into this program. OK. Ms. Rodriguez: No. Commissioner Regalado: We've got to make sure of that, you know. Ms. Rodriguez: Right. Chairman Teele: Commissioner Winton. Commissioner Winton: How many units involved -- Ms. Rodriguez: 485 units. Commissioner Winton: How many? Chairman Teele: Where is that in the memo? Ms. Rodriguez: The units? Commissioner Winton: I didn't hear the answer. Ms. Rodriguez: It's part of the plan. Chairman Teele: 400 units, 485. Did you say 485? Ms. Rodriguez: 485. Commissioner Winton: And so, in three years, this program goes away -- Commissioner Regalado: 485 people will be out their home. Commissioner Winton: -- and 485 -- Wow. Ms. Rodriguez: Right. Commissioner Regalado: That's what I'm asking. Ms. Rodriguez: The one that Commissioner Regalado is asking is -- right now there is -- HUD has reduced the Section 8 vouchers, and they are not only approving new vouchers, they are cutting people that have existing voucher, and that is right now in litigation. We don't have any of those vouchers in the City. However, Miami -Dade County -- City ofMiami Page 27 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Commissioner Regalado: Oh, yes, we do. Ms. Rodriguez: Miami -Dade County runs the program, but there's people that live in the City of Miami, right. Commissioner Regalado: I would think that -- Ms. Rodriguez: Right. Commissioner Regalado: -- a lot of people that would be impacted to live in the City ofMiami. Ms. Rodriguez: Right. Chairman Teele: Commissioners, I -- where are the lists of the projects that are being funded in the background information, Barbara? Ms. Rodriguez: Let me look for it. Chairman Teele: I would ask that we would just temporarily pass over this, and we need to get somebody from your staff -- Ms. Rodriguez: To give you the list? Chairman Teele: -- to help get you the list -- Ms. Rodriguez: OK Chairman Teele: -- and we need to see where it was in the notice, and the notification that went out. Ms. Rodriguez: Yeah. This one has special hearing where the tenants get to come, and it's a long process, but we will give you a list of all the buildings. Chairman Teele: OK. Can we temporarily pass that, and then let's come back to this -- Ms. Rodriguez: Yes, we can. Chairman Teele: -- just so we don't tie this meeting up on one item? Ms. Rodriguez: We can. Chairman Teele: All right. The next one. Ms. Rodriguez: OK PH.7, is basically -- Commissioner Regalado: We vote on that? Ms. Rodriguez: We are re -- PH.6, yeah. Chairman Teele: We voted on PH.6. Ms. Rodriguez: Right. Chairman Teele: We're on PH.7 now. City ofMiami Page 28 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Ms. Rodriguez: Right. PH.7 is de -obligation and allocation -- Priscilla Thompson (City Clerk): Sir -- excuse me. Excuse me. Commissioner Gonzalez: No, we didn't vote on 6. Ms. Thompson: No. We did not -- Commissioner Regalado: We didn't vote. Ms. Thompson: We did not vote on P -- Chairman Teele: Did we have a public hearing? Commissioner Regalado: Yeah. Commissioner Gonzalez: We did not vote -- Commissioner Regalado: We didn't vote on 6. Ms. Thompson: You didn't open the public hearing. You started with a discussion. Chairman Teele: I'm sorry. Ms. Rodriguez: Oh, OK. Chairman Teele: PH.6. Public hearing. This is a public hearing on PH.6. Commissioner Gonzalez: Move PH.6. Vice Chairman Sanchez: Second. Chairman Teele: PH.6 is the Mod Rehab, right? That's the one we said we were going to defer to the end of the public hearing process, and let them get us the information on where -- Ms. Rodriguez: Oh, I thought you had said to move it, and to bring you back the list. Chairman Teele: No, no, no, no, no, no, no. Ms. Rodriguez: OK Chairman Teele: Because that's the issue, is do we have the proper notice here. Ms. Rodriguez: OK, we'll do that. Commissioner Gonzalez: So you want to table it? Chairman Teele: Table it for the time being, and bring it -- Ms. Rodriguez: OK Chairman Teele: -- back when we've got the notice -- when she can show us where the notices are. City ofMiami Page 29 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Ms. Rodriguez: OK Chairman Teele: Barbara, we did not deal with PH.6, I believe. Ms. Rodriguez: Right. Chairman Teele: So that item is still pending, and we'll wait 'til we get everybody here, butl think the smart thing may be -- is to do it on July 8th, because the information does not appear. Ms. Rodriguez: Yes. Chairman Teele: OK. Ms. Rodriguez: I would really appreciate that. Chairman Teele: OK, great. Ms. Rodriguez: Thank you. PH.7 04-00589 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE DE -OBLIGATION OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM FUNDS, IN THE TOTAL AMOUNT OF $ 151,960, FROM THE FOLLOWING AGENCIES: ARTZ-N-THE HOOD, INC., $ 20,000, HAITIAN AMERICAN FOUNDATION, INC., $11,960, FLORENE LITTHCUT INNER-CITY CHILDREN'S TOURING DANCE COMPANY, INC., $ 85,000, AND HAITIAN AWARENESS & CULTURAL FOUNDATION, INC., $35, 000; ALLOCATING $151,960 OF CDBG FUNDS TO THE FOLLOWING AGENCIES: THE ALTERNATIVE PROGRAM, INC., $23,000, BAME DEVELOPMENT CORPORATION OF SOUTH FLORIDA, INC., $7,000, THE EMBRACE FOUNDATION, INC., $22,960, UNITED HAITIAN AMERICAN ARTISTS, INC., $47,000, AND FANM AYISYEN NAM MIYAMI, INC., $52, 000, FOR A TOTAL AMOUNT NOT TO EXCEED $151,960; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS AND/OR AMENDMENTS TO EXISTING AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORMS, WITH SAID AGENCIES. 04-00589-cover memo.pdf 04-00589-notice of correction.pdf 04-00589-public notice.pdf 04-00589-exhibit 1-allocation detail.pdf 04-00589-exhibit 2-amendment.pdf 04-00589-exhibit 3-agreement.pdf Motion by Vice Chairman Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0373 Chairman Teele: All right. PH.7. This is a public hearing on PH.7. You want to give us a quick -- Barbara Rodriguez (Director, Community Development): PH.7 is de -obligation and allocation of various District 5 public services agencies. These were agencies that were funded on the 29th City ofMiami Page 30 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Year, and we have noticed that they will not be using all of the funds, and we want to make sure that we utilize them, so we are reallocating it to new agencies. Chairman Teele: Why don't you also put on the record that every year -- and this is very important, Johnny, because it also is happening in your district -- every year, on September 30th, any public service dollars that have not been expended, not committed for, not contracted for, but expended by September 30th, or some reasonable time in that -- Ms. Rodriguez: September 30th. Chairman Teele: September 30th -- are no longer available to be used by anybody for public service. Ms. Rodriguez: Right. Chairman Teele: So they're lost. Ms. Rodriguez: They lose their identity. Chairman Teele: They lose their identity as public service. Ms. Rodriguez: Right. Chairman Teele: Every year, we are losing about two hundred thousand or $300, 000 of money, and it becomes -- of public service dollars. We don't lose the dollars. The dollars then come back in -- Ms. Rodriguez: Right. Chairman Teele: -- as sort of like a program income for reallocation. Ms. Rodriguez: Right, right. Chairman Teele: But, you know, we fight this hard battle over public service every year at the beginning of the year, and then when we start looking now, like in the end of the third quarter, we find that some of the agencies that did a great job in telling us why they needed the money and what they were going to do, have not been able to expend it and, in fairness to the agencies, a lot of it has to do with the long time that it takes to get contracts done, and bonds, and insurances, and all of that. Is that a fair statement? Ms. Rodriguez: Yes. Commissioner Winton: Kind of. Chairman Teele: Kind of? Ms. Rodriguez: Kind of. Chairman Teele: So I would encourage each of the Commissioners to look very closely, one by one, with the Director and the Manager on expenditure levels of your public service dollars. Now, if you have a food program, a food feeding program, this does not apply to you, because they're always expending beyond -- Ms. Rodriguez: Right. City ofMiami Page 31 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Chairman Teele: -- the amount that is allocated. Ms. Rodriguez: Right. Chairman Teele: You know, so -- but it really gets into culture programs, sports programs -- Ms. Rodriguez: Right. Chairman Teele: -- inner -- programs that are designed to basically enhance the quality of life. This is a public hearing on PH 7. Any person desiring to be heard should come forward on PH. 7. There are no persons coming forward -- Yes, ma'am. Cynthia Blanc: Good morning. My name is Cynthia Blanc. I'm with the Haitian Awareness and Cultural Foundation, 6863 North Miami Avenue, and I'm here this morning to respectfully request that the amount that we are not -- well, the amount that we are not using -- that we will not be using from our grant is $15, 000, and I'm respectfully requesting that the amount that is transferred be 15,000, instead of the 35,000 that is on the agenda. Chairman Teele: All right. What was the total amount of the grant in October? Ms. Rodriguez: It was 35,000, and it's still 35,000. Ms. Blanc: It's 50,000. Ms. Rodriguez: Let me verify. Hold on. Chairman Teele: I thought the total amount of your grant was 50,000. Ms. Blanc: Yes, sir. Ms. Rodriguez: Hold on. Let me see ifI got it. That's correct, it's $50, 000, and our records show that they have not used $35, 000. Chairman Teele: Well, that's not -- The grant was $50, 000. Ms. Rodriguez: Correct. Chairman Teele: To date, they don't have a contract with you. Ms. Rodriguez: As of now, the understanding that we have is that they will not be using $35, 000. Ms. Blanc: Right. Ms. Rodriguez: Regardless with the contract or not, they've had problem with insurance. Ms. Blanc: We've -- Ms. Rodriguez: They've had problems with bonding. Ms. Blanc: Right. We did have issues with bonding and insurance, and client certification, but we are prepared -- at present, Mr. John Lyons of your staff -- Ms. Rodriguez: Right. City ofMiami Page 32 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Ms. Blanc: -- he has all of -- everything, and we're set to start on Monday, so we actually do need 35,000. We don't need 15. Chairman Teele: All right. Let me do this. I'm going to support the Director. If you come up with the requirement for the additional $15,000 -- or, actually, you're saying $20,000 -- Ms. Blanc: Yes, sir. Chairman Teele: -- then I will work with your program over the summer to make those funds available, based upon expenditure drawdown. We'll take -- Ms. Rodriguez: That's fair. Chairman Teele: We'll find some other source to take the money from. Ms. Rodriguez: That's fair. Chairman Teele: Is that fair enough? Ms. Rodriguez: Very fair. Chairman Teele: And we'll put everybody that has money now on notice -- Ms. Rodriguez: Right. Chairman Teele: -- that they are subject to be modified to accommodate, but the problem is this: We cannot afford to risk losing the money for the whole public services when you've not expended any of the money. Ms. Blanc: Yes. Chairman Teele: OK? Ms. Blanc: I understand. Chairman Teele: All right, so I'm not going to support changing it, butt will publicly support to you that if your expenditure levels reach the point that you'll need up to an additional $15, 000, we'll find a way to find that money -- Ms. Blanc: Thank you very much. Chairman Teele: -- from other programs that are being funded. Ms. Rodriguez: Right. Ms. Blanc: OK Thank you very much. Ms. Rodriguez: Very fair. Ringo Cayard: Good morning. Ringo Cayard, Haitian American Foundation. I'm speaking on the same subject, PH.7. Last time when I spoke to the department, Ms. Rodriguez, my understanding was we will be willing to give back to the City and to the program an amount much lesser than that, which was, I think, $12, 000. Chairman Teele: How much? City ofMiami Page 33 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Mr. Cayard: It was supposed to be 12,000. Ms. Rodriguez: We're only taking away 11,900. Chairman Teele: They're only taking away 11,900. They're taking away less than you were willing to give back. Ms. Rodriguez: Right. Mr. Cayard: Oh, OK. That's fine, because it says an amount not to exceed $20, 000. Ms. Rodriguez: So we have 200 for the other program. Chairman Teele: Yeah. Mr. Cayard: No, because I want to make sure because it says not to exceed 20,000, so I was -- Ms. Rodriguez: No. It's taking transfer of -- so we're only taking $11,960. Chairman Teele: Is the notice wrong; is that what you're saying? Mr. Cayard: No. I was worried that you will be taking 19,000 -- Ms. Rodriguez: No. Mr. Cayard: -- nine hundred, so that's -- Chairman Teele: I'm glad you got up because I want the Commission to know how closely we're monitoring this. We're down to arguing about $200 now, but everybody has been very cooperative, and we do project that you will not be able to expend approximately -- Ms. Rodriguez: Right. Chairman Teele: -- $12, 000. The only amount effected is $11,960, I believe. Ms. Rodriguez: Right. Mr. Cayard: Yes, and with all due respect to your department, I think something is definitely going wrong in the way that the CBOs (Community Based Organizations) are not really treated properly in the way that it takes six months sometimes to get a contract back from the time -- Ms. Rodriguez: OK Mr. Cayard: -- that the City voted on it, so small agencies are facing with the situation that they will have to give the money back, and worse than that, the City will lose the money, so something has to be done until you guys pass a resolution or find a way -- Chairman Teele: One of the things we're trying to do is we're frying to make the decision here today -- later on -- on what the dollars are going to be, to give the department now five months, four months to get the contracts ready and done, so they'll have -- Ms. Rodriguez: By October lst. Chairman Teele: -- ofJuly, August and September, and half ofJune to do the contracts. We City ofMiami Page 34 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 won't wait until October 1, like we have been in the past. Mr. Cayard: OK, thank you. Chairman Teele: Further discussion? All -- the public hearing is, therefore, closed. Is there a motion on PH.7? Commissioner Regalado: Second. Vice Chairman Sanchez: So move. Chairman Teele: Moved by Commissioner Sanchez. Seconded by Commissioner Regalado. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. The item is unanimously adopted by a vote of 5/0. PH.8 04-00587 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), APPROVING THE CITY OF MIAMI'S ("CITY") CONSOLIDATED PLAN (" PLAN") FOR FISCAL YEARS 2004-2009 AND THE ANNUAL ACTION PLAN FOR FISCAL YEAR 2004-2005, WITH FUNDING RECOMMENDATIONS FOR COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM, HOME INVESTMENT PARTNERSHIPS ("HOME") PROGRAM, EMERGENCY SHELTER GRANT ("ESG") PROGRAM AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA") PROGRAM FUNDS, AS APPROVED BY THE CITY COMMISSION; AUTHORIZING THE CITY MANAGER TO SUBMIT THE CITY'S PLAN FOR FISCAL YEARS 2004-2009, AND THE ANNUAL ACTION PLAN FOR FISCAL YEAR 2004-2005 TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD") FOR REVIEW AND APPROVAL; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 04-00587-cover memo.pdf 04-00587-notice of correction.pdf 04-00587-public notice.pdf 04-00587-exhibit-plan 1.pdf 04-00587-exhibit-plan 2.pdf 04-00587-exhibit-plan 3.pdf Motion by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0374 Chairman Teele: Next item. Barbara Rodriguez (Director, Community Development): PH.8 is requesting approval to have our consolidated plan from 2004 to 2009 for a comment period of 45 days, and the goals of the consolidated plan is to develop a five-year interdepartmental plan for housing, economic City ofMiami Page 35 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 development, social service that will inform the citywide strategic plan; improve services to the neighborhood and encourage greater efficiency in the use of resources; improve information regarding projects, program among City agencies. This was a process that was taking -- we had a team working on. Professor Ned Murray from FIU (Florida International University), and we have Ines Hernandez and Rosa Davis from Urbana Research and Consulting. They've been working with the City. We've been meeting with all of you, and it's going to be open now to a 45- day comment period. We will bring back to this Commission any concerns, any recommendations, any findings that we get in the next 45 days. Chairman Teele: All right. This is a public hearing. Any person desiring to be heard should please come forward on the Consolidated Plan, which is a five-year plan. Ms. Rodriguez: Correct. Chairman Teele: Are there any persons coming forward on PH 8? There appears to be no persons coming forward. The public hearing is closed. Is there a motion to approve? Commissioner Gonzalez: Move PH8. Vice Chairman Sanchez: Second. Chairman Teele: Moved by Commissioner Gonzalez. Second by Commissioner Sanchez. Vice Chairman Sanchez: Second. Chairman Teele: Is there discussion? Is there discussion? 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. The item is unanimously adopted by a vote of 5/0. Let me compliment you, Madam Director, because it's very obvious that you all have done an outstanding job of letting the public know what we're doing. Ms. Rodriguez: Thank you. PH.9 04-00590 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), ALLOCATING 30TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM FUNDS, IN THE AMOUNT OF $9,928,000, 28TH YEAR CLOSE-OUT FUNDS, IN THE AMOUNT OF $805,918, AND PROGRAM INCOME FUNDS, IN THE AMOUNT OF $1,100,000, FOR A TOTAL ALLOCATION OF $11,833,918, FOR THE 30TH PROGRAM YEAR BEGINNING OCTOBER 1, 2004, AS SPECIFIED ON "ATTACHMENT A," ATTACHED AND INCORPORATED. 04-00590-cover memo.pdf 04-00590-notice of correction.pdf 04-00590-public notice.pdf 04-00590-exhibit-allocation chart.pdf Motion by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele City ofMiami Page 36 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 R-04-0375 Direction to the Administration by Chairman Teele to provide a detailed report at the Commission Meeting currently scheduled for July 8, 2004, on the housing activites for the last three to four years, speficially, what is being done and what is being proposed to do, and a recommendation as to whether or not the City should roll back on its agreement with Federal Housing and Urban Development (HUD); further instructing the Administration to schedule a report and update on the Office of Inspector General (OIG) report, beginning with the commencement of this problem and what the Commission resolution mandated. Barbara Rodriguez (Director, Community Development): PH9 is basically accepting the Community Development Block Grant, and dividing the money into the different categories; Grant Administration, a million, nine eighty-five, six hundred; Section 108 Loan Guarantee, a million, one hundred; the City ofMiami Building Department for Unsafe Sfructures, two hundred thousand; City ofMiami Capital Improvement Projects, six hundred thousand; Community Development Block Grant for public service is a million, six seventy-seven, seven sixty-eight; Economic Development with Public Facility Improvement, four point one seven three million; housing activities, two million, ninety-seven, five fifty -- housing activities will be funded through the Housing and Commercial Loan Committee -- for a total of eleven million, eight thirty-three, nine eighteen. Chairman Teele: This is a public hearing. Any person desiring to be heard should come forward at this time. There are no persons coming forward and, therefore, the public -- Vice Chairman Sanchez: Yes, sir. There is, Mr. Chairman, one. Chairman Teele: All right. Marcia Toussaint: I am Marcia Toussaint, and I'm representing ADGAM, and I'm at 3050 Biscayne Boulevard. I want to thank you for the opportunity to comment on the City's letter that we received on yesterday, which informed us that our proposal was not recommended for funding. Ms. Rodriguez: Your proposal is on Item 13. Ms. Toussaint: OK. Ms. Rodriguez: So that if you want to speak -- Ms. Toussaint: So we come back on -- Ms. Rodriguez: Yeah. Ms. Toussaint: OK. Chairman Teele: Let me see the letter, though, while you --Anyone here -- are you here on this item, sir? Please come forward. Mario Echevarria: My name is Mario -- sorry -- my name is Mario Echevarria, and I'm the president of the Lions Home for the Blind. Commissioner Gonzalez: Your item is on -- Ms. Rodriguez: That's -- Vice Chairman Sanchez: Yes. City ofMiami Page 37 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Commissioner Gonzalez: -- social service. Ms. Rodriguez: That's Item 13. Commissioner Gonzalez: 13. Chairman Teele: You're Item Number 13. Just hold on for Item Number 13. Mr. Echevarria: OK. Ms. Rodriguez: Right. Chairman Teele: All right. Public hearing. Any person desiring to be heard? There are no other persons coming forward. Discussion. Commissioner Regalado. Commissioner Regalado: On, Barbara, economic development, whatever happened of the money, CDBG (Community Development Block Grant) money that was fransferred to Economic Development to do some kind of programs in Southwest 8th Sfreet and Flagler that never happened? Ms. Rodriguez: That one will be Item 12, butl can tell you that right now the only one that we've gone to get Miami -Dade County match is for the Martin Luther King Initiative. We're working on to do something -- or in 8th Street, and we talked to you about maybe doing something in Flagler or 8th Sfreet, but it's going to be coming back. Commissioner Regalado: Right, but that money has not been spent -- Ms. Rodriguez: No. Commissioner Regalado: -- in other -- Ms. Rodriguez: There's $250, 000 that has not been spent. Commissioner Regalado: OK, and that money will be fransferred -- Ms. Rodriguez: Will be coming back as soon as we have some confirmation from Miami -Dade County that we can get some match for it, because the intent of that resolution originally was that we were going to get a match from Miami -Dade County as to the money that we were putting in, and that's what we're getting. Commissioner Regalado: Yeah, but if we do not get a match -- Ms. Rodriguez: Then we bring it back with another type of project. Commissioner Regalado: For economic development? Ms. Rodriguez: Correct. Commissioner Regalado: Facade. Ms. Rodriguez: Correct. Commissioner Regalado: For facade. City ofMiami Page 38 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Ms. Rodriguez: Correct, whatever pilot project we would have. Commissioner Winton: (INAUDIBLE) Commissioner Regalado: No, I mean -- Ms. Rodriguez: Right. Commissioner Regalado: -- I'm talking in District 4 -- Ms. Rodriguez: Right. Commissioner Regalado: -- because that money -- Commissioner Winton: Oh, I see. Commissioner Regalado: -- was supposed to be -- Ms. Rodriguez: Right. Commissioner Regalado: -- for Commissioner Sanchez and -- Ms. Rodriguez: Correct. Commissioner Regalado: -- myself in terms of grants or loans, or whatever. Ms. Rodriguez: Right. Chairman Teele: All right. That item is Item Number 12, right? Ms. Rodriguez: Correct. Chairman Teele: So why don't we hold that, and let's get right into that in Item Number 12? Commissioner Regalado: OK. Chairman Teele: This is on the generalized allocation, Item Number 9. Did you want to be heard, as well, ma'am? Elsa Hernandez: I'm sorry. I'm not sure if this is the right item number. Chairman Teele: Your name and address for the record. Ms. Hernandez: It's Elsa Hernandez, and I'm with Centro Hispano Child Care Center, and I wanted to -- Ms. Rodriguez: 13. Commissioner Gonzalez: 13. Ms. Hernandez: It is 13, OK Chairman Teele: You're Item Number 13, but it's -- Ms. Hernandez: Thank you very much. City ofMiami Page 39 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Chairman Teele: -- we welcome you to come up. If anybody else isn't sure, please don't be hesitant to come up, and we'll get to that item. Ms. Rodriguez: Right. Chairman Teele: So the public -- is there anyone else who desires to be heard on Public Hearing Item Number 9? If not, the public hearing is closed. Discussion on this item. Madam Director, Mr. Manager, I have two comments and two concerns I shared with you and the Mayor on yesterday. Number one, the overwhelming consensus of virtually every public hearing that I've been in in the community is that we need to reestablish the program that we suspended, and that was the emergency repairs for the elderly. What was that program called? Residential what? Commissioner Gonzalez: Rehab. Ms. Rodriguez: No. What I believe that issue was the paint, right? The residential paint? Commissioner Gonzalez: No. We're talking -- Chairman Teele: The Residential Rehab Program that has been suspended. Commissioner Gonzalez: It's a program where we -- Chairman Teele: Is that program being funded this year? Ms. Rodriguez: It's not -- first of all, it has not been suspended. We are taking applications. It's been advertised every year. Chairman Teele: What category is that? Ms. Rodriguez: It's under SHIP (State Housing Initiative Partnership Program) Program. Chairman Teele: OK. Then I'm in error again. Ms. Rodriguez: But I will make sure to provide you -- we have brochures that we've been giving out. Chairman Teele: No. We just would like to make sure that -- Ms. Rodriguez: Yeah. Chairman Teele: OK. Ms. Rodriguez: We will. Chairman Teele: The second thing is this -- and Commissioner Winton, I hope you'll listen to this very carefully. On the housing activities, we have never had a report from the management in five years on the housing activities that we're doing. Ms. Rodriguez: OK Chairman Teele: Now let me explain why. Five years ago, six years ago, the City entered into a consent agreement with federal HUD (Department of Housing and Urban Development) to avoid the Commission from involving itself in the housing activities, as defined in this program, that City ofMiami Page 40 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 are -- have commercial implications. You'll remember we had the issue of one Commission who was a chairman, who apparently directed subordination of loans and this and that, and we basically formed an agreement, which I was the chairman on behalf of the Commission, as a select committee -- this is under Mayor Suarez -- that we would not engage ourselves -- we would not approve, but we would authorize a community group of bankers to basically act as the Commission on all of these matters, so for the last five years, about $10, 000, 000 of activities have been going on that we have no knowledge of directly. What am -- and that's not a bad thing. How -- although, I do think, in the terms of oversight and accountability, we need to get a detailed report of the housing activities, and what is being done, and what is being proposed to be do -- Ms. Rodriguez: OK Chairman Teele: -- and we need to revisit whether or not we want to rollback on that agreement that we made with federal HUD. I will say on the record -- and I am not a rumormonger, but the kinds of rumors that are going on make me more uncomfortable -- Ms. Rodriguez: OK Chairman Teele: -- than having it here, so I think, as a start, in July -- the first meeting in July -- Ms. Rodriguez: July 8th. Chairman Teele: -- July 8th -- we should get a full report on the item that we're approving today, on what is being contemplated, and a review of the last three or four years of activities, in detail -- Ms. Rodriguez: OK Chairman Teele: -- in terms of results, or in terms of activities that have gone before them. They have done a splendid job in not letting people off the hook, in terms of debts that are owed, which this Commission did a horrible job in, in letting everybody off the hook who came before us. As a result, the program income -- and I think the best case story for the management is the program income profile and how it's gone up, because every time we make people pay back money, every time we make it -- Ms. Rodriguez: Right. Chairman Teele: -- then that money comes back as program income, and the program income has probably increased by three to four hundred percent over where it was six years ago, and that's a direct reflection on the good job that that committee has done, in my opinion, in the past. Ms. Rodriguez: And we still have -- the OIG (Office of Inspector General) still has that pending item that we still have not been able to release, so in a quarterly basis, we send them a report of all of our collections, settlements, and anything that we don't settle for a hundred percent, they need to get a report of why, so -- Chairman Teele: Then why don't you also schedule that item and agenda that item as a report and update -- Ms. Rodriguez: OK Chairman Teele: -- of the OIG report over -- and going -- starting with the period of time that we had the problem, and what the Commission resolution was, because at least two or three of the -- at least three people were not even on the Commission -- City ofMiami Page 41 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Ms. Rodriguez: OK Chairman Teele: -- when that was done, so everybody is up to speed on that; is that all right? Ms. Rodriguez: Yes. Chairman Teele: Mr. Manager, do you have a -- OK. Ms. Rodriguez: Yeah. Chairman Teele: All right. Did we vote on 9? Further discussion on Item Number 9. Is there a motion to approve? Commissioner Gonzalez: Move PH.9. 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. Commissioner Gonzalez: Mr. Chairman, we have PH.14 pending. Chairman Teele: PH.14 was deferred this morning. Commissioner Gonzalez: It was deferred? Chairman Teele: Yeah. RE.3. Commissioner Regalado: For when? I don't remember when PH.14 is coming back. Chairman Teele: It was deferred to the next meeting. Commissioner Regalado: But we got to get some information. I don't understand that. Chairman Teele: Did you want to move to defer PH.14 to the first meeting in July? Commissioner Regalado: Yeah, during the -- Chairman Teele: When we have the other public -- Commissioner Regalado: During the other CDBG (Community Development Block Grant). Chairman Teele: Is there a second? Commissioner Gonzalez: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? City ofMiami Page 42 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 PH.10 04-00591 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE ACCEPTANCE OF HOME INVESTMENT PARTNERSHIPS PROGRAM ("HOME") FUNDS, IN A TOTAL AMOUNT NOT TO EXCEED $5,117,000; ALLOCATING SAID FUNDS TO THE VARIOUS HOUSING ACTIVITIES LISTED IN "ATTACHMENT A," ATTACHED AND INCORPORATED, FOR THE DEVELOPMENT OF AFFORDABLE HOUSING; ADOPTING THE HOUSING DEVELOPMENT POLICY, ATTACHED AND INCORPORATED, RELATED TO THE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM FUNDS, HOME PROGRAM FUNDS AND STATE HOUSING INITIATIVES PARTNERSHIP (" SHIP") PROGRAM FUNDS, FOR AFFORDABLE HOUSING IN THE 30TH PROGRAM YEAR, COMMENCING ON OCTOBER 1, 2004. 04-00591-cover memo.pdf 04-00591-notice of correction.pdf 04-00591-public notice.pdf 04-00591-exhibit 1-chart.pdf 04-00591-exhibit 2-policy.pdf Motion by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0376 Direction to the Administration by Chairman Teele to provide a detailed report at the Commission Meeting currently scheduled for July 8, 2004, on the housing activites for the last three to four years, similar to the report being requested in Item PH9. Barbara Rodriguez (Director, Community Development): PH 10 is allocating the HOME (Home Investment Partnership Program) funds for the year -- for the 30th Year, effective October 1st;; 511,700 for administration; $500, 000 is the second year of District 5 Housing Pilot project, which is a -- Chairman Teele: Is it 4 or 5? Ms. Rodriguez: District 4. This is the one that it was a three-year commitment. This is the second year of three. A million, five for the Little Havana Homeownership Zone; a million, nine fifty-three, nine seventy-five is for homeownership programs, which is 75 percent of the dollars available, according to your ordinance, and 651, 325, which is for rental project, which is 25 percent of the funds available and, again, these projects will be -- going to be funded through the Housing Commercial Loan Committee. Chairman Teele: And the same comments -- Ms. Rodriguez: Right. Chairman Teele: -- on the July 8th meeting. Ms. Rodriguez: Right. Chairman Teele: Separate discussion items on each one, the results, et cetera. City ofMiami Page 43 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Ms. Rodriguez: Right. Chairman Teele: This is a public hearing. Any person desiring to be heard should come forward on PH 10. PH 10. Are there any persons coming forward? There are no persons coming forward on PH 10. Commissioner Gonzalez: Move PH 10. Chairman Teele: The public hearing is closed. Motion is by Commissioner Gonzalez. Vice Chairman Sanchez: Second. Chairman Teele: By Commissioner Sanchez. Discussion by any member of the board? No discussion. Commissioner Regalado: Yes, Mr. Chairman. Chairman Teele: Commissioner Regalado. Commissioner Regalado: Just to make sure on the District 4 housing. Barbara, you're looking for some empty lots so we can start building. Ms. Rodriguez: Right. Commissioner Regalado: We haven't been able to, at least, acquire anything yet? Ms. Rodriguez: My understanding is our Department ofAssetManagement has been working on it. We had a meeting with some realtors in your area to see if they knew of any vacant property, and we're waiting for the results. Commissioner Regalado: The Department is frying to sell little pieces of land. Ms. Rodriguez: You mentioned that me -- you mentioned that to me when I went to see you. I did have a conversation with Keith Carswell, which is the one that is handling that. Keith, would you like -- Keith Carswell: Keith Carswell, Director for the Department of Economic Development. We've met with Zully, who actually chairs the homeowners -- Little Havana Homeownership Advisory Board, to get some ideas on how we can move forward with an affordable housing program. She Commissioner Regalado: Yeah. She also -- by the way, she also is the Governor's appointee in some housing -- State -- the Florida Housing. She said that there is money from the State of Florida for the City ofMiami. Ms. Rodriguez: She's also the chairman of the Little Havana Advisory Board. Commissioner Regalado: Right. No, I don't -- Ms. Rodriguez: Yeah. Commissioner Regalado: I know that, but -- Ms. Rodriguez: She's helping us bring some of those dollars and do match so that people not only get our 30,000, but can get the thirty thousand, fifteen from the state, and we're working on City ofMiami Page 44 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 her on that. Chairman Teele: What are we talking about? Commissioner Regalado: But -- Chairman Teele: Are we talking about the Little Havana, or we're talking about the District 4? Commissioner Regalado: No. He mentioned Little Havana because she -- Chairman Teele: But I thought your question was Disfrict 4. Commissioner Regalado: My question was District 4. Mr. Carswell: Well -- Commissioner Regalado: That's what I mentioned, that she is also on the State of Florida, and she's been trying to help Disfrict 4. However, the reason that it is there is because your department did send some letters asking people to buy some empty lots. I now know what happened, but the letter -- it can be very confusing, as you know, because they are telling people this lot is zoned R-2, two-family residence, but it doesn't say that you cannot build it there, and the guy was about to go to the bank -- Mr. Carswell: Right. Commissioner Regalado: -- and send you the check. Mr. Carswell: Right. Well, I had a -- Commissioner -- and just for informational purposes -- we received approximately 30-some odd properties that were CL UC (County Land Usage Code) -90 properties from the County. These lots are undevelopable sites, but through Florida Statute, the County can convey those properties to us, and in effort to basically purge our inventory of excess property, we offered them -- which is -- we're permitted to do by Charter, to the adjacent property owners, and those letters did go out, and I was -- there's another process that we have in dealing with CL UC-90, and we are working through that process with -- that is being chaired by Frank Castaneda. Commissioner Regalado: Sure. I mean, no problem, but my problem was that we didn't say you cannot build a duplex in that house, because the guy was very enthusiastic about buying the property to build a duplex because it doesn't say it, and then maybe we should say, you cannot build there anything -- I mean, you can use that for playground for your kids or something. Commissioner Winton: Well, worse, he would have been willing to overpay the City in anticipation of that building, and then we've got the mess, so I agree with Commissioner Regalado 100 percent. You -- if -- and I think neither one of us disagree with the fact that you're going -- following the Charter, you're going to the adjacent property owner -- Commissioner Regalado: Right. Commissioner Winton: -- but you've just got to say, the only thing this is for is the ability to expand your lot. You might be able to do an add -on to your house, but you can't build a -- Commissioner Regalado: R-2. Commissioner Winton: -- freestanding building on the lot. You need to be very clear about that. City ofMiami Page 45 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Mr. Carswell: Yes. Chairman Teele: Well, I don't know. I dis -- I don't know ifI agree with you two but, I mean, I want to agree. Where is this in the Charter now? Mr. Carswell: 20 -- Commissioner Winton: The Charter allows -- Go ahead, Keith. Mr. Carswell: In 29(b), this was adopted about two or three years ago by the Commission that properties that we receive -- Chairman Teele: Is this a Charter provision? Mr. Carswell: In the Code. Sorry, in the Code, 29(b). Chairman Teele: Johnny. Mr. Carswell: Charter? Charter. Chairman Teele: It's in the Charter? Mr. Carswell: Right. Chairman Teele: And it says what? Mr. Carswell: As property -- Chairman Teele: Hold on. Mr. Attorney, what does the Charter say? Alejandro Villarello (City Attorney): I believe it's properties that are less than 7500 square feet and are -- surplus properties can be sold to the adjacent property owner. Chairman Teele: Can be or shall be? Mr. Vilarello: Can be. Commissioner Winton: Can be. Chairman Teele: See, that's where I have a problem, because if we have -- if this Commission has said we have a District 4 pilot program, and we're scurrying around looking for vacant lots, it would seem to me that the policy of this Commission would frump that provision, as it relates to any vacant lot, and the first thing we should do is look to determine whether any vacant lots that we have in our inventory can be made proper through zoning, through whatever -- Commissioner Winton: Or through addition. Chairman Teele: -- for the pilot program. Commissioner Winton: I don't disagree with that. Chairman Teele: I mean -- Commissioner Winton: Yeah. I don't disagree with that, yeah. City ofMiami Page 46 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Chairman Teele: You know, because, otherwise, what we're going to wind up doing is going out buying lots -- Commissioner Gonzalez: Exactly. Chairman Teele: -- on the market -- Commissioner Winton: Yeah. Chairman Teele: -- for the pilot program, so -- I mean, maybe it's an industrial lot, or maybe it's an R-3, maybe it's not appropriate, but I think the first thing that should happen is that all of the wheels of City government should stop and say any land that the City owns, the County owns, or the State owns that's in Disfrict 4, is that land suitable to help carry out this affordable housing program. To me, that's the first -- Commissioner Winton: I don't disagree with that at all. Chairman Teele: You don't? Commissioner Winton: Right. Chairman Teele: OK. Commissioner Winton: And then, if it isn't -- Chairman Teele: And then, if it isn't -- Commissioner Winton: Yeah. Chairman Teele: -- then you start talking about the Charter provisions, and this and that, but I just think -- Commissioner Winton: And I agree. Chairman Teele: -- the biggest problem that we've got in this City -- and this is why Frank is going to be giving a report -- is that the vacant land is disappearing, you know, and the tax -- the land -- CL UC-90 land is disappearing, and we're never going to get an effective program in Disfrict 4 if we don't first look at what government lands can be made available for that program Commissioner Winton: See, I was only looking at this one individual thing, which is the 1900 square foot lot that you can't build on, but your idea is absolutely right. That gets you at the global level review, and then you come down to the individual pieces, and that's the right approach always. Chairman Teele: Because the problem is -- Commissioner Gonzalez: Mr. Chairman. Chairman Teele: How many lots, Barbara, have we acquired for the Disfrict 4 housing program? Ms. Rodriguez: None. Commissioner Regalado: None. City ofMiami Page 47 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Commissioner Gonzalez: Mr. Chairman. Chairman Teele: Commissioner Gonzalez. Commissioner Gonzalez: And the problem gets even greater when you look at some of these lots, Johnny. They're 4900 square foot, OK. They don't meet the 5,000 square foot. They're not buildable on 4900 square foot, not even a single home. We cannot build them, and on the other hand, we have to clean them; we have to maintain them. We don'tget taxes; we don'tget anything, and they're going to be sitting there forever, and ever, and ever, and let me tell you. You know, your real estate, on a 4900 square foot, you can build a heck of a house. I mean, you could build easily a 2300 square foot house, which is usual with double garage and everything, and still, you have enough setback in the back and the front, and the sides so, you know, definitely, we're going to be needing to do something in reference to these CL UC-90 lots and these City owned lots because, otherwise, you know, we're losing revenue, we're losing taxes, and we are required to maintain the property. Commissioner Winton: Well, I'm not an expert at all in single-family residential. Does our Code -- or is it South Florida Code that says the lot size -- minimum lot size is 5,000? Commissioner Gonzalez: No, it's our Code. Commissioner Winton: It's our Code? Commissioner Gonzalez: Yeah. Chairman Teele: Yeah, but -- Commissioner Winton: So we ought to be -- exactly -- we ought to be -- that's Commissioner Teele's point. We ought to be looking at -- Commissioner Gonzalez: Yeah. Commissioner Winton: -- on these that are -- you know, they're not 5,000, but there's a difference between a 2,000 square foot lot -- Commissioner Gonzalez: Yeah. That's different. Commissioner Winton: -- and a 4,000 square foot lot, and we ought to be -- we ought to have some mechanism where staff is figuring out what we have to do where you could, in fact -- because that -- the price of that lot's -- 4,000 square foot lot, smaller house, smaller price -- Commissioner Gonzalez: Exactly. Commissioner Winton: -- more affordable. Commissioner Gonzalez: More affordable. Commissioner Winton: So -- Commissioner Gonzalez: Exactly, and we've been -- you know, in the case of let's say, 2500 square foot lot and next to it you have a 1,700 square foot lot, you know, we can do a Unity of Title -- Commissioner Winton: Right. City ofMiami Page 48 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Commissioner Gonzalez: -- and come up with a good lot -- Commissioner Winton: Yeah. Commissioner Gonzalez: -- that can be buildable. Commissioner Winton: Yeah. Commissioner Gonzalez: I mean, we could get some revenue to the City. Commissioner Winton: Bingo. Commissioner Gonzalez: Otherwise, it'll be sitting there forever, and they've been sitting there forever, as a matter of fact. Commissioner Winton: So Commissioner Teele's idea is absolutely right. You've got to look at this globally before you start -- Mr. Carswell: And just for informational purpose, we have reached out to Habitat for Humanity, and none of the properties on this list meet the criteria that they would consider for development of housing. They've been able to build on lots as small as 3200 square feet, but there are certain constraints that they require, such as the property being platted, that the property also has the zoning in place, as well as they need at least 35 feet fronting the street. None of the properties that we sent the letters to the adjacent property owners met that criteria. Commissioner Winton: I mean, they are doing what we want. Anne Manning: No. I just wanted to clarify -- Anne Manning, with Habitat for Humanity -- that you can build on properties less than 5,000. There's an exemption in the building code. If it was platted prior to -- I don't know what the date is 7 --1970--1950, and most of your property in the City was platted prior to that date. Chairman Teele: Uh-huh. Ms. Manning: So we've been building on 3200 square foot properties going up, two stories. Chairman Teele: Well, why is it that nobody in the department -- in the City staff came up to clarify the record. Ms. Manning: He did. I just was speaking to -- Chairman Teele: Anne, thank you for being here, and we're going to be hearing from you later on but, again, Mr. Manager and to Commissioner Gonzalez, in your absence, since you weren't here to defend him, we appointed, as a committee from the Commission, your chief of staff to begin to help us look at this on a global basis, because this CL UC-90 thing has many, many opportunities and many, many implications, but we've really got to think outside of the box on it. Commissioner Winton: And that's because you were absent, so we drafted him. Chairman Teele: Where are we now, Barbara, on this item? Ms. Rodriguez: Did they vote on PH 10? Priscilla Thompson (City Clerk): We need to vote. We have a mover, second; we just need a City ofMiami Page 49 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 vote. Chairman Teele: Further discussion on the housing program. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. PH.11 04-00588 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), APPROVING THE ALLOCATION OF FISCAL YEAR 2004-2005 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA") PROGRAM FUNDS, IN THE AMOUNT OF $10,715,000, AND HOPWA PROGRAM CLOSE -OUT FUNDS FOR FISCAL YEAR 2003-2004, IN THE AMOUNT OF $2,035, 495, FOR A TOTAL ALLOCATION OF $12,750,495, AS SPECIFIED IN " ATTACHMENT A," ATTACHED AND INCORPORATED, TO PROVIDE HOUSING ASSISTANCE AND HOUSING RELATED SERVICES TO LOW- INCOME INDIVIDUALS LIVING WITH HIV/AIDS; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID AGENCIES FOR SAID PURPOSE. 04-00588-cover memo.pdf 04-00588-notice of correction.pdf 04-00588-public notice.pdf 04-00588-exhibit 1-funding allocation.pdf 04-00588-exhibit 2-agreement.pdf Motion by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0377 Barbara Rodriguez (Director, Community Development): PH.11 is funding for our Housing Opportunity for Persons With AIDS (Acquired Immunodeficiency Syndrome) Program, and this is a Countywide program. There's an attachment to your agenda that says all the agencies that we're recommending, and we're projecting an amount of ten million, $715, 000 for fiscal year 2004-2005, and there was an approval by this Commission on closeout funds of two million, thirty-five, four ninety-five from fiscal year 2003-2004, so the total amount of funding is 12, 750, 495. We will be increasing our long-term tenant based rental subsidy program by 50 additional clients, so it will get us to a total of 1,250. It's a public hearing. Chairman Teele: Any person desiring to be heard on the HOPWA (Housing Opportunities for Persons With AIDS) item, Item Number 11, should come forward. Are there any persons coming forward? The public hearing is, therefore, closed. Barbara, this Commission -- Commissioner Winton: What a change from a few years ago. Chairman Teele: -- really owes you a debt of gratitude for the manner in which you're doing your job. We are really grateful. Ms. Rodriguez: Thank you. Vice Chairman Sanchez: Mr. Chairman, ifI may. City ofMiami Page 50 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Commissioner Regalado: If we just flashback to Miami Arena -- Commissioner Winton: Yeah. Commissioner Regalado: -- and that meeting of the Miami City Commission, Barbara, congratulations, OK Ms. Rodriguez: Thank you. Commissioner Regalado: Because I mean -- Chairman Teele: We're very proud of you, Barbara. Ms. Rodriguez: We're frying very hard. Chairman Teele: Commissioner -- Vice Chairman Sanchez. Vice Chairman Sanchez: Thank you, Mr. Chairman. You know, this really goes to show -- a couple of years ago we stood here and we had individuals show up to the Commission meeting and really show their brave hearts to come here and fight to try to get additional housing, and I'm very excited to see that we've been able to get 50 more, but let me just tell you that the epidemic continues to grow. It's sad, but it continues to grow, and it's a disease that really does not discriminate. It could affect anybody. Ms. Rodriguez: That's true. Vice Chairman Sanchez: And one of the things that just wanted to make sure that was brought forth here is -- and I know that they have changed the way -- housing now where they are not forced to go to certain buildings to live there, andl have heard horror stories, you know, of people that are affected by this disease, and then they're all put in a building together and, of course, the building is labeled, and especially when you have children involved -- Ms. Rodriguez: Right. Vice Chairman Sanchez: -- and families. It's really tragic and it's sad, so I am very glad to see that some changes have been made now where they choose to live among the community -- Ms. Rodriguez: Correct. Vice Chairman Sanchez: -- where they could continue to try to live a normal life, and many of them do, thank God, so I'm very excited about the changes, and I hope that we continue to lobby to fry to add more living facilities for them, because I could guarantee you that next year there will be more people knocking on our doors, waiting to get on a waiting list to fry to get this assistance, and I take this very seriously and to heart because I wish that, you know, we don't ever -- are put in a situation where these people that are affected with that disease are, so I commend you for your efforts in this and -- Ms. Rodriguez: Thank you. Vice Chairman Sanchez: -- it'll be an honor to move this, Mr. Chairman. Chairman Teele: Moved by the Vice Chairman. Is there a second? By Commissioner Gonzalez. Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 51 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Chairman Teele: All opposed? The item is unanimously adopted by a vote of 5/0. PH.12 04-00592 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE ALLOCATION OF 30TH PROGRAM YEAR COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS, IN THE AMOUNT NOT TO EXCEED $4,173,000, IN THE ECONOMIC DEVELOPMENT AND/OR PUBLIC FACILITIES AND IMPROVEMENTS CATEGORY, TO THE AGENCIES SPECIFIED IN "ATTACHMENT A," ATTACHED AND INCORPORATED, FOR ECONOMIC DEVELOPMENT AND/ OR PUBLIC FACILITIES AND IMPROVEMENT ACTIVITIES IN THE 30TH PROGRAM YEAR BEGINNING OCTOBER 1, 2004; ADOPTING THE ATTACHED COMMERCIAL FAQADE TREATMENT PROGRAM POLICIES FOR THE 30TH CDBG PROGRAM YEAR; AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORMS, WITH EACH AGENCY, FOR SAID PURPOSE. 04-00592-cover memo.pdf 04-00592-notice of correction.pdf 04-00592-public notice.pdf 04-00592-exhibit 1-policy attachment.pdf 04-00592-exhibit 2-agencies reommended.pdf 04-00592-exhibit 3-agreement 1.pdf 04-00592-exhibit 4-agreement 2.pdf 04-00592 - submittal - SBOC.pdf Motion by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0378 Direction to the Adminisfration by Chairman Teele to schedule a discussion on the City's contract with the Small Business Opportunity Center for the July 8, 2004 Commission Meeting; further requesting that Item PH. 12 be rescheduled at the July 8, 2004 Commission Meeting for a rehearing; Vice Chairman Sanchez further requested that Mr. Luis Sabines from the Small Business Opportunity Center meet with the City Attorney prior to this item being heard on July 8, 2004. Direction to the Adminisfration by Chairman Teele to bring back the final memorandum of agreement with the Little Haiti Credit Union at the Commission Meeting currently scheduled for July 8, 2004; further to ensure that all meetings between the Adminisfration and the Board of Directors of the credit union are noticed as public meetings. A motion was made by Commissioner Regalado, seconded by Vice Chairman Sanchez, and was passed unanimously, stipulating that facade projects are to be done by agencies other than government unless specifically approved by the City Commission. A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and was passed unanimously, with Vice Chairman Sanchez absent, to instruct the City Manager and City Attorney to work with the County to provide $250, 000 in matching funds for the SW 8th Street and Flagler Street Corridor and report back to the Commission in 30 days or at the July 8, 2004 Commission Meeting. City ofMiami Page 52 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Chairman Teele: Next item. Barbara Rodriguez (Director, Community Development): The next item, PH 12, I'm respectfully recommending to the City Commission to adopt the resolution allocating economic development and/or public facility and improvement funding for $4,000,173 of the 30th Year Community Development Block Grant, and there is an attached -- attachment with all of the agencies that we are recommending. Chairman Teele: This is a public hearing. Any person desiring to be heard should come forward regarding Item Number PH 12. Ms. Rodriguez: Economic development and public -- Chairman Teele: Economic development. This does not include public services. Ms. Rodriguez: Right. Chairman Teele: This does not include public services. Folks, please get the program and pass it out and look at the public notice. Yes, sir, welcome. Luis Sabines: How are you? Good morning, Commissioners, Madam Director, Mr. Manager. My name is Luis Sabines, Jr., Small Business Opportunity Center. Just want to reiterate something that Mr. Regalado was saying about the $250, 000 that were issued and nothing was done with that money. Mr. Regalado -- Commissioner, the $250, 000 that you were talking about is Resolution 03-710. It was on June 24, 2003. I want you to realize that not only those $250, 000 were they issued to that department, they were issued money for an FEC (Florida East Coast ) railroad pilot project, which was never done. They were issued money for a 62nd Martin Luther King Project, which she says they're trying to get funds from the City. I'm also trying to win the Lotto on Saturday. They also got the $250, 000 from Little Havana, which is $600, 000, plus this year they're recommended for another $250, 000, so that's $850,000 that has been allocated. I would very much want to know what has been done with that money, because that's money that could go to my agency and other agencies, so somebody has an answer for me? Commissioner Regalado: Well, look, I don't know what has been done with that money, but I do know that we spoke to Barbara and Keith, and that money -- at least for District 4 purposes -- that money should be used in facade in the Flagler Sfreet Corridor. We have 890 small businesses in District 4, 890 businesses in the Flagler Street Corridor and the Southwest 8th Sfreet Corridor. What you've done is extraordinary because you have done, in Southwest 8th, like 60 or 80 -- more than -- Sabines: 180. Commissioner Regalado: 180 in 8th Street. Flagler, we need to do -- Mr. Sabines: A little more. Commissioner Regalado: -- something there so, you know -- I mean, there is a sense of urgency on this because we don't have other ways to help these people. Mr. Sabines: Right. Chairman Teele: Part of the problem -- What has Miami -Dade County put on the table on this project? Ms. Rodriguez: What happened -- when we put it -- the $500, 000 that the Department of Real City ofMiami Page 53 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Estate was going to be working on was $250, 000 for the MLK (Martin Luther King) Initiative, and 250, 000 for the Southwest 8th Sfreet. They've been working on it. The reason that the two -- Chairman Teele: Barbara, what's the question? Ms. Rodriguez: They were going to do -- Chairman Teele: What -- Ms. Rodriguez: -- two for one. Chairman Teele: No. What the question was -- Would everybody on staff -- let's work together today. Listen to the question. Ms. Rodriguez: OK Chairman Teele: Think about the question and answer the question. Commissioner Regalado: Dade County -- what's Dade County's -- Chairman Teele: What is the amount -- Why you got to bring Martin Luther King in here? We're talking about 8th Sfreet. Ms. Rodriguez: It was a pilot project -- Chairman Teele: This has -- my question has -- Ms. Rodriguez: -- that was combined. Chairman Teele: -- nothing to do with MLK Boulevard. What has the County put in on 8th Sfreet? Mr. Sabines: Nothing. Keith Carswell (Director, Economic Development): At this point, nothing. Nothing. Chairman Teele: And can we, through the Manager's office, or through the good offices of the Mayor or somebody -- we keep talking about how great everything is going. Can't we at least -- I mean, this is a high priority for this Commission, and who's the Commissioner from the County? Commissioner Regalado: Jimmy Morales and Rebeca Sosa. Vice Chairman Sanchez: Plus Bruno -- Commissioner Winton: Bruno -- Vice Chairman Sanchez: Barreiro. Commissioner Regalado: Yeah. Well, yeah. I'm talking in District 4, but in Joe's district -- Vice Chairman Sanchez: Look -- Chairman Teele: But who's the -- who has the district -- City ofMiami Page 54 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Vice Chairman Sanchez: Mr. Chairman, Mr. Chairman. Chairman Teele: Yes, sir. Vice Chairman Sanchez: I have inquired on this issue. I am very aware of the issue. Staff has told me that we received zero money from the County. Now, what I've heard from Mr. Sabines is that he's saying that, in that allotment of money, that $250, 000 were given to the City? Mr. Sabines: Well, they were given to Economic Development, and they're going to give them another 250, 000. I come here every year and I hear that organizations that don't produce are not going to get refunded. Vice Chairman Sanchez: Well -- Mr. Sabines: And I look at this -- Vice Chairman Sanchez: That's always been at least my philosophy -- Mr. Sabines: Well -- Vice Chairman Sanchez: -- and my policy. Chairman Teele: Oh, that's a very -- Mr. Sabines: -- it should be everybody's philosophy. Chairman Teele: -- interesting argument he's frying to make. Mr. Sabines: You guys are elected officials. Vice Chairman Sanchez: No. On that -- Chairman Teele: He's trying to make an argument that if the City hadn't produced, why -- Ms. Rodriguez: And we did fund -- Chairman Teele: -- is the City getting refunded if we defund organizations -- Commissioner Regalado: Well, that's frue. Ms. Rodriguez: We did defund them. Commissioner Regalado: And that is true. Mr. Carswell: Right. Commissioner Regalado: That is true. Ms. Rodriguez: We did defund them. Remember that we took the $500, 000 from them, and we gave it to Capital Improvement Projects with the understanding that when they were ready to go, we would come back and fund them. Right now -- Chairman Teele: I apologize. Mr. Vice Chairman, you have the floor. Vice Chairman Sanchez: Thank you, Mr. Chairman. Barbara, I just have a very simple question City ofMiami Page 55 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 for you, and I know that you and I have had several meetings pertaining to this. Ms. Rodriguez: Right. Vice Chairman Sanchez: It is my understanding -- and clear this out -- that we have not received the $250, 000 from the County for 8th Street. Ms. Rodriguez: Correct. Vice Chairman Sanchez: So you're stating on the record that you have never -- the County has not given us -- the City the money. Ms. Rodriguez: Correct. Vice Chairman Sanchez: OK. That's clear. Ms. Rodriguez: And we are working with them to make sure that our 250,000 that was de - obligated from Real Estate and Economic at the last two Commission meetings will come back for a Southwest 8th Street program. Commissioner Regalado: And Flagler. Ms. Rodriguez: And Flagler. Mr. Sabines: May I ask what program that is? Ms. Rodriguez: We are coming -- Commissioner Regalado: It's what you're doing. Vice Chairman Sanchez: It'll be a facade program. Commissioner Regalado: It's facade. Mr. Sabines: Is it going to be run by my department or by their department? Vice Chairman Sanchez: I don't see -- Commissioner Regalado: No, no, no, no, no. Vice Chairman Sanchez: Well -- can -- let's clear this, because let me tell you, we've had -- Commissioner Regalado: But -- Vice Chairman Sanchez: -- I think we need to clear this, Mr. Chairman. I just -- I would like to Chairman Teele: Take your time and clear this up. Vice Chairman Sanchez: -- to reserve five minutes because I -- Chairman Teele: Take your time and clear this up -- Vice Chairman Sanchez: -- you know. City ofMiami Page 56 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Chairman Teele: -- or whatever you need to do. Vice Chairman Sanchez: I could sense the bad vibes here. I mean, there is tension, and I think we need to clarify it because we've had several meetings between your agency and the administration to resolve this, so let me just state for the record that have always been a Commissioner that supports agencies that produce. If you don't produce, don't come see me because I'll take away your money, and I'll give it to agencies that produce. That's always been my philosophy as a Commissioner. Your agency produces. Your agency has a solid record -- a track record of producing in our community. Based on the records that you turn every year, your agency goes beyond what it does, so I've always supported your agency. Any facade program that's done -- at least in my district -- I will always support your district -- your agency, because let me tell you something. The professionalism in your agency when it comes to my office and the clients you serve, it's -- it deserves an A+, " but think that we need to clarify from the administration certain issues that you have brought forth that we have not been able to resolve it in my office; we have not been able to resolve it in Commissioner Regalado's office, which I have not been there because it would be a violation of the sunshine, and also the meetings that you've had with the City Manager pertaining to the problems that you're having with the administration. Those issues need to be addressed so you could continue to provide the service that you provide our businesses, and the City administration continue to move forth to assist you to provide that service. I think we need to clear that today because, you know, if we don't, we're going to continue to do this, so I just want to make it very clear -- and I think Commissioner Regalado stated the same thing -- any facade done in my district, your agency will continue to do because you produce. Mr. Sabines: Thank you, sir. Vice Chairman Sanchez: If you didn't produce, then we'd find somebody else to do it. Mr. Sabines: Now, can I bring up my other issues? This is very -- Commissioner Regalado: Wait, wait, wait. You done? Vice Chairman Sanchez: I'm done. I just wanted to clarify it. Commissioner Regalado: Mr. Chairman, I -- you know, if anybody asks me what do we need in Disfrict 4, where we have three corridors, basically; the Coral Way, the Southwest 8th Street and Flagler Street, is help for the small businesses. Everything, except one or two, like Home Depot or Sears, everything that there is in Disfrict 4 are small, very small "mom and pop" businesses. They do not have the money even for a new sign. They do not have the money. They cannot afford new painting. Now, I don't know why, but everything that has to do with the small business in District 4 is always complicated. There is no money from Economic Development. We couldn't give the grant because the County didn't come through. That's been sitting there two years. Then he's going to do a facade; no, Historic Preservation won't let him do it. He's going to have -- there is a new cafeteria that is going to open. No, we cannot do it because the census tract says this and that. The bottom line is that Disfrict 4 is being neglected, no question about that, and the only thing we have going for us is the small facade program, so I don't know who told you that but, certainly, I am not going to vote for any project for the City to do the facade, you know. Mr. Sabines: Thank you, sir. Commissioner Regalado: You do the facade, and you do it very well because you have shown it in Commissioner Sanchez and my district. You know, 190 facades; nobody complained. We have -- only thing we have gotten is "thank you." No complaints and nobody complaining about that so, you know, I don't know what's going on in terms of offering that, but do think that at City ofMiami Page 57 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 least these people deserve a good painting for their businesses. Commissioner Winton: You said something and it's a question I have -- and my apologies to Barbara because I wasn't available when she had time to meet, but you said something that triggered the question, and I don't understand about this schedule. It's -- this -- Community Development -- Department of Community Development commercial facade, and there's about a million two as the overall -- Ms. Rodriguez: That's -- Commissioner Winton: What is that? Ms. Rodriguez: That is the money that we pay out to the business owner. When you see an agency with an amount of money, that's through administration. Commissioner Winton: OK, so this -- Ms. Rodriguez: The money that you see with Department of -- Commissioner Winton: That goes to the agencies -- Ms. Rodriguez: Correct. Commissioner Winton: -- that are doing the facade? Ms. Rodriguez: Right, and then -- Commissioner Winton: We're not doing facades? Ms. Rodriguez: No. We -- Department of Community Development has never done facades. Commissioner Winton: OK. I just want to make -- OK. I'm sorry -- Ms. Rodriguez: Right. Commissioner Winton: -- Commissioner Regalado. I just -- Commissioner Regalado: No, no. I -- Ms. Rodriguez: This is money going straight -- that they send us the bill, and we pay the business owner for their -- Chairman Teele: Barbara -- Commissioner Regalado: I just want to make sure -- Chairman Teele: Hold it, hold it. One minute. Let's make sure that your answer's correct. Did we say the City or the Department of Community -- Ms. Rodriguez: No. The Department of Community Development has never done facades. Chairman Teele: OK. The question is -- Commissioner Regalado: The City. City ofMiami Page 58 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Chairman Teele: -- does the City ofMiami have a facade program? Ms. Rodriguez: No. The City -- the Department of Real Estate and Economic tried last year to do a pilot project, which included Southwest 8th Street, which is the one Commissioner Regalado is talking about. They were going to do a pilot project. That's the one that we recaptured their dollars -- Chairman Teele: Why is it you can't answer my question this morning? Ms. Rodriguez: Because I'm frying to explain to you. Chairman Teele: You've done -- but just answer -- was the City ofMiami, whether it's your department, his department, was any department proposing to do a -- Ms. Rodriguez: Yes. Commissioner Regalado: Yes -- Vice Chairman Sanchez: Yes. Commissioner Regalado: -- Economic Development. Ms. Rodriguez: They were. Chairman Teele: OK, so -- Commissioner Regalado: Economic Development. Ms. Rodriguez: Yes. Chairman Teele: And I'm hearing the tension -- Ms. Rodriguez: Yes. Chairman Teele: -- and I don't -- you know -- Ms. Rodriguez: Yes. Chairman Teele: -- this is a public hearing -- Commissioner Regalado: And -- Ms. Rodriguez: Yes. Chairman Teele: -- so let's clear the air on everything. Ms. Rodriguez: And trust me, I would not support for the City to do the facade. Ms. Rodriguez: Right. Commissioner Winton: Neither would I. Chairman Teele: Neither will I, so whenever that item comes up -- Vice Chairman Sanchez: Neither will I. City ofMiami Page 59 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Chairman Teele: -- Madam Manager, we'll get a vote on that. Whoever's frying to do a pilot program, whatever way, they're going to have to work through an appropriate community based organization -- Commissioner Winton: Bingo. Chairman Teele: -- but we will have a discussion on that item -- Ms. Rodriguez: There's one right now in your chart. Commissioner Winton: In whose? Chairman Teele: It's not on the agenda right now. Ms. Rodriguez: Yes. Mr. Carswell: Yes, it is. Ms. Rodriguez: Yes. Chairman Teele: Where? Mr. Carswell: It is. Ms. Rodriguez: The -- Mr. Carswell: The 250, 000. Ms. Rodriguez: The 250,000 is for Martin Luther King Initiative for them to do the facade program with the County. Chairman Teele: If it's sauce for the goose, it's sauce for the gander. It ain't -- it's nothing to discuss. We're not going to have a rule in Little Havana and a rule in Little Haiti, and a rule -- we're going to try to have one rule. If there's a good policy, then let's go ahead and do that. Mr. Carswell: Can I -- Commissioner Winton: Commissioner Teele, can I comment about that? See, I wouldn't be opposed for a different thing going on in a different district if we were convinced that this other way would work, because what I'm interested in is the end result. Chairman Teele: You're interested in results. Commissioner Winton: So -- but my view is, the City has no track record in doing facades. It's a business -- there's agencies out there that have outstanding frack records -- not a lot of them -- but there are a few of them that have outstanding track records in this regard, and my vote would be -- Vice Chairman Sanchez: You're looking at one of them. Commissioner Winton: I understand that. Vice Chairman Sanchez: You're looking at the one. City ofMiami Page 60 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Commissioner Winton: And my vote would be that we find those agencies -- somewhere in the City ofMiami -- that we already know have an outstanding frack record and can perform, and they do that somewhere else, rather than the City trying to gear up to get in the construction business. Vice Chairman Sanchez: Johnny, there's a saying that goes, If it ain't broken, don't fix it." Commissioner Regalado: And that is my point. My point is, you know, whatever money is coming back to this City Commission and whatever money is allocated to District 4 -- I don't care if they want to divide it in 10 parts -- but whatever money is allocated to District 4, it has to go to the facade program, hopefully, for the Flagler Street Corridor. Commissioner Winton: Yeah. Commissioner Regalado: Hopefully, because we have done nothing in the Flagler Street Corridor, and my vote, it will be for them to continue doing it. Chairman Teele: OK. Hold on just for a minute. Mr. Carswell. Mr. Carswell: May I? Keith Carswell, Director of Economic Development. Let me try to provide a brief historical perspective on this. Chairman Teele: We don't want the history. Mr. Carswell: OK. Well -- Chairman Teele: We don't want the history. Tell us what your justification is -- and rationale -- Mr. Carswell: This was -- Chairman Teele: -- for you and your department doing facades. That's the issue. Mr. Carswell: This was an opportunity where we wanted to leverage our existing dollars with the County dollars, where we were going to get a one to one match. The County approved 250, 000 for a pilot facade program along MLK Boulevard. We've been negotiating through the administration to try to get the additional 250, 000 for Southwest 8th Street. The pilot facade program will be run, or administered, through the County. They have a CRP program. Their program provides funding up to 50, 000 per business in the form of a grant. They have the architects on board; they have the contractors on board, where it will be a turnkey process. Through a memorandum of understanding or an interlocal agreement, we would basically provide the funding. The County would match that funding. This is leveraging dollars, and we would go forward with that initiative. Chairman Teele: And so, the County would be doing the -- Mr. Carswell: We would identify the corridor. We've -- Chairman Teele: Who would be doing -- this is about one thing: Who's going to do the work? Commissioner Winton: The construction. Chairman Teele: Who's going to do the construction? Mr. Carswell: Local contractors. City ofMiami Page 61 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Chairman Teele: Who's going to award the contract? Commissioner Winton: Administered by whom? Mr. Carswell: We will go through the County's process. Chairman Teele: So the -- Mr. Carswell: Right. Commissioner Winton: It's County. Mr. Sabines: Can I say something? Chairman Teele: No, no, no, no. Hold on a minute because we've -- Commissioner Regalado: Well -- Chairman Teele: I think -- hold on -- I think the motion should be -- when we approve this, as an amendment -- is that no work will be done by government agency on facades without a specific approval by the City Commission, and I think that way you got -- you're still preserved. You can come back and explain to us what it is you want to do, but the policy thatl think four people have said up here -- andl don't know where Commissioner Gonzalez is, butl could imagine -- four people are saying clearly that we don't want government involved in facade programs if there is a viable -- Commissioner Winton: Except for funding. Chairman Teele: -- CDC (Community Development Corporation) or organization out there to do that. Mr. Carswell: And I -- Commissioner Winton: Amen. Chairman Teele: And so that would the policy. Then you come back on the MLK. If you get the money, you come back on Southwest and explain, by resolution -- and explain to us why you want to do it that way, and if you've got a good reason, you're going to have five people listening to you; is that a fair compromise? Commissioner Winton: Like it a lot. Commissioner Regalado: Mr. Chairman. Chairman Teele: But the policy is, is that the government is not going to be doing facades. Ms. Rodriguez: That's very fair. Chairman Teele: We're willing to entertain exceptions. Commissioner Winton: So move. Commissioner Gonzalez: Mr. Chairman. Ms. Rodriguez: Very fair. City ofMiami Page 62 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Commissioner Regalado: Mr. Chairman. Commissioner Gonzalez: Mr. Chairman. Chairman Teele: Commissioner Regalado, Commissioner Gonzalez. Commissioner Regalado: OK. Now, I'm more confused. OK -- and excuse me because, you know, like not to -- intelligent people do not understand this. Ms. Rodriguez: You are very intelligent. Commissioner Regalado: Barbara said that we de -obligated -- Ms. Rodriguez: Correct. Commissioner Regalado: -- $250, 000 from Economic Development -- Ms. Rodriguez: We de -obligated $500, 000. Commissioner Regalado: $500, 000 from that money allocated -- Ms. Rodriguez: From them. Commissioner Regalado: -- to Economic Development, so I thought that was the end of it. However, Keith now says that they're still working with the County to see if they can match dollar by dollar, and then identify a corridor, and then for the County that has their own architects and construction do the facade. Does that mean that you still think that you have $ 250,000 to match, if the County will come through after how many, three years? Mr. Carswell: Commissioner, ifI may clarify? Actually, it's been one year. The County Commission approved, Tuesday, 250, 000 for the MLK Corridor. The corridor for the program is being I-90 -- Commissioner Regalado: But we're not talking -- Commissioner Teele already said that. We're not talking -- Chairman Teele: We're not talking aboutMLK. Commissioner Regalado: -- about Martin Luther King Corridor. Chairman Teele: This is about Southwest 8th Street. Commissioner Regalado: That's what I'm frying to understand. Mr. Carswell: When we receive funding for Southwest 8th Sfreet -- Commissioner Regalado: I'm sorry? Mr. Carswell: When, and if, we receive funding for Southwest 8th Sfreet, we will come to the Commission; we would identify the target area. We will work with the Commissioners and identify -- Commissioner Regalado: No, but see, that's the confusion. See, you are complicating this. Let me -- City ofMiami Page 63 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Ms. Rodriguez: Can I -- Commissioner Regalado: -- explain -- Ms. Rodriguez: Let me -- Commissioner Regalado: -- the way I see it. Mr. Carswell: OK. Commissioner Regalado: If we get that money, whenever we get it, whenever the esteemed County Commission decides to get money for the Southwest 8th Street Corridor, we do not have the money to match because we already have said that he will start doing the facade with that money. Ms. Rodriguez: OK Commissioner Regalado: You understand what I'm saying? Ms. Rodriguez: Can I make a recommendation? You have $250, 000 for 8th Street. We haven't allocated to nobody; it's here. We can bring it back to you on July 8th, since we're bringing other items; allocate it to SBOC (Small Business Opportunity Center). When we get the match from the County, we will work with SBOC to run the program that you want on 8th Street, if that's what you and Commissioner Sanchez has said all along, instead of waiting for the County to give the money. Commissioner Regalado: That's what I'm saying -- Ms. Rodriguez: OK Commissioner Regalado: -- from the beginning. Ms. Rodriguez: So, then, we will come back -- Commissioner Regalado: But let me tell you, let me tell you. The County works slower -- Ms. Rodriguez: OK Commissioner Regalado: -- than the City, and what is going to happen -- Commissioner Winton: Is they'll stall. Commissioner Regalado: -- is that we are -- he works very fast. You tell him -- Ms. Rodriguez: But he currently -- Commissioner Regalado: -- go get them, and he will do ten facades -- Ms. Rodriguez: He currently -- Commissioner Regalado: -- in two weeks. Ms. Rodriguez: Commissioner, he currently is being funded by you. City ofMiami Page 64 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Commissioner Regalado: I understand that. Ms. Rodriguez: So right now -- Commissioner Regalado: I understand that, but I'm -- Ms. Rodriguez: So right now, he can still work. We're not going to stop him. If he finds anything in 8th Street, we will fund. Commissioner Regalado: Barbara. Ms. Rodriguez: He's being funded -- Commissioner Regalado: I understand that. Ms. Rodriguez: OK Commissioner Regalado: But we're talking that we sat on that money for one year. Ms. Rodriguez: That's true. Commissioner Regalado: And my concern is sitting on that money for another year. Ms. Rodriguez: We will not. Commissioner Regalado: OK. Ms. Rodriguez: And will be back July 8th. Chairman Teele: You have a commitment. Mr. Sabines: Commissioner. Ms. Rodriguez: I have a commitment. Mr. Sabines: May I say something? Chairman Teele: You've said a whole lot. Now, how much -- Mr. Sabines: Well -- Chairman Teele: -- more time you're going to need? Just -- Mr. Sabines: Well, I'm going to need -- I asked Commissioner -- I have a couple of issues that are a little bit more important than -- Chairman Teele: On this item? Mr. Sabines: Yes, sir. Chairman Teele: All right. Let's put your issues on the table so they can be thinking about them. Mr. Sabines: OK. Number one, let me just reiterate that already have matching funds. I don't need them from the County. I'm getting funded by the Knight Foundation, so in Commissioner Sanchez' district, I already have my matching funds. I could use them in Mr. Regalado's district City ofMiami Page 65 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 because the Knight Foundation doesn't go all the way to his district, but in Commissioner Sanchez' district, I already have matching funds. Chairman Teele: But what does that have to do with the item that we're doing now? Mr. Sabines: Well, if you're going to let me go to my -- Chairman Teele: Please. Mr. Sabines: -- other item, please, so I can hurry this up. I know there's a lot of people waiting. At the beginning of the year, we signed a confract with the Department of Community Development. They were going to award us $400, 000, and our -- Chairman Teele: Four hundred. Mr. Sabines: 400,000 -- and our job was to do 160 facades. They were going to pay us $2,500 per facade. Now, let me just say that this was a decision that was made by the administration, not by the Small Business Opportunity Center. We signed that contract. On April the 21 st, I received a letter in my office stating that she had made an amendment to that contract that no longer we would get $2,500 per facade; that her confract, retroactive of October the 1st, when I first signed that contract -- Chairman Teele: Mr. Attorney, I hope you're listening to this. Mr. Sabines: No, no. I got it here from Mr. Attorney, because we've got our own attorney, so if we can't settle it here, we're going to litigate this, OK. Let me just explain to you. Now she wants to pay us 40% of whatever the facade cost is. Let me explain something to you Commissioners. We're not in the pricing business. Chairman Teele: All right. Mr. Sabines: I'm not going to cheat, and I'm not going to steal federal -- Chairman Teele: All right. Hold on. Mr. Sabines: Please, please. Chairman Teele: No, no, no, no, no. I can't let you do this. The items that we're dealing with today is the award -- no, hold on -- of the money. If you want to come back and discuss your contract, your specific contract and the terms and conditions, I will basically support putting it on the agenda, giving you 30 minutes, giving you an hour to do it -- Mr. Sabines: I don't -- Chairman Teele: -- but in the context of what we're doing now, we're not making any contracts with anybody. We're frying to allocate dollars, and I would respectfully ask -- Mr. Sabines: This is my issue. They owe me $65, 000. Chairman Teele: I would respectfully request, sir, that you allow us to let the staff get this item before us, with the attorney; give us all of the backgrounds and document, and we will give you a hearing that will last for an hour, you know, but we can't -- Alejandro Villarello (City Attorney): Mr. -- City ofMiami Page 66 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Vice Chairman Sanchez: Mr. Chairman. Mr. Vilarello: Mr. Chairman. Chairman Teele: I'm not going to let you destroy -- Vice Chairman Sanchez: Yes. Chairman Teele: -- or distort the whole public hearing process to get down to one contract item. I can't afford that. Mr. Sabines: I don't have a problem with that. Vice Chairman Sanchez: Mr. Chairman, as the Commissioner who -- he represents my district. I would -- at his request, I would be more than glad to allow him, as a public appearance at any Commission meeting, to discuss that item, but I don't want to mix apples and oranges now. Mr. Sabines: The sooner, the better. Vice Chairman Sanchez: Let's just go ahead and get this approved, and then, if you would like, contact our office, and we'll get you an opportunity to come in a public forum to express your concerns. Mr. Sabines: No problem. Then I'll bring my last item, OK My last item -- Mr. Vilarello: Mr. Chairman. Mr. Sabines: -- is that next year -- Mr. Vilarello: Mr. Chairman, since he's threatening litigation in that regard, why don't you direct him to meet with me, and his lawyer -- Mr. Sabines: No problem. Mr. Vilarello: -- prior to coming to the City Commission, so that at least I can give you advice on the issues. Chairman Teele: Vice Chairman, is that satisfactory? Mr. Sabines: Were you handed the file? Vice Chairman Sanchez: That is more than satisfactory. Mr. Vilarello: I was handed the file two minutes ago, yes. Vice Chairman Sanchez: As a matter of fact, the recommendation being made by the attorney -- I hope you would accept it -- to meet with him before -- Mr. Sabines: I'll be more than glad to. Vice Chairman Sanchez: -- we proceed because you're threatening the City with litigation. Mr. Sabines: Well, you know, if that's my choice, I don't have any other choice. I mean, the amendment is totally illegal. It says it on page 27. City ofMiami Page 67 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Chairman Teele: You know, guys, you all are obviously -- Mr. Sabines: So I'm not -- OK. Chairman Teele: -- very frustrated -- Mr. Sabines: No, no. Chairman Teele: -- and I really want to apologize to you -- Mr. Sabines: I'm not -- Chairman Teele: -- and your organization -- Mr. Sabines: Right. Chairman Teele: -- for whatever you've gone through that's got you -- because you have been a very reasonable person. Mr. Sabines: Right. Chairman Teele: But let me just tell you some advice. Will you listen? Mr. Sabines: Sure, sure, sure. Chairman Teele: I'm a lawyer. The best thing you can say to a company that has a bunch of lawyers is, I'm going to sue you." Do you realize all those guys back there are smiling? You know, lawyers -- Mr. Sabines: I'm not scared of them. Chairman Teele: That's the only way lawyers -- You get paid doing facade, right? That's like me threatening, if you keep talking, I'm going to give you a facade to do. Mr. Sabines: Commissioner, listen. Let me put it to you this way. I came here today, and I'm willing to lose my job because I'm not going to steal and cheat merchants to keep a job. Chairman Teele: You're not going to lose your job -- Mr. Sabines: Well, I don't really care, is what I'm frying to tell you. Chairman Teele: -- by expressing your views. Just work -- let your lawyer and you work with our attorney. Mr. Sabines: Fine. Chairman Teele: Work with the District Commissioner, and he's indicated that he's -- the Vice Chairman's going to put it back on the agenda. Mr. Sabines: No problem. Chairman Teele: And we'll give you an hour. Mr. Sabines: OK. Now, my last issue is, how am I going to get paid next year? I'm not going to get paid on a commission basis, not even 20, not even 40, OK. I don't know how they came up City ofMiami Page 68 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 with this. They say they have a consultant or somebody that made a study. Barbara, I would like you to know, we don't have anything to do with adminisfration. We're called project delivery, and we are paid per project. We don't have anything to do with adminisfration. If you want, you can ask Commissioner Gonzalez' Chief of Staff, Mr. Castaneda, who is an expert on this. Chairman Teele: But isn't this a -- Mr. Sabines: Bring him out here and let him explain to you -- Chairman Teele: -- isn't this an extension of the same issue? Vice Chairman Sanchez: Mr. Chairman. Chairman Teele: Aren't we talking about the same contract? Mr. Sabines: It's the same issue. Commissioner Teele, you don't understand that for me working at 40 percent, she has to allocate $1, 000, 000 just for me, which she doesn't even have in the budget, so what she's trying to do to me -- she's going to shut me down sooner or later, and I'm not going to allow that, but for the last six years, I've been the number one agency in the City of Miami, and I've just -- I've had nothing but problems with her department this year, and I'm not going to put up with this next year again. Chairman Teele: Mr. Vice Chair, if you will allow me, I am prepared to do the following: I am prepared to place this entire item back on the agenda on July the 8th, but we're going to vote on it today and approve it today, and we will rehear it, the whole item, so that you're not boxed in, if that's what you're saying; by what we're doing, we will box you all in and box you out, because that's a very profound argument, and I don't want to unintentionally box you out, butl don't think you should basically use a confract issue to hold up the entire public hearing process about Mr. Sabines: I'm not. I'm done, I'm done. Thank you very much. Chairman Teele: Would you agree to that, Commissioner? Vice Chairman Sanchez: Yes, Mr. Chairman, but would request -- since already allegations of litigation have been made -- that we allow both sides to sit down in my office anytime they want to see, if this could be resolved and, if not, then we could move forward. Either side could request it come in front of the Commission meeting for a personal appearance that'll go, at my request, to you, Mr. Chairman, to be placed on the day that you stated. Chairman Teele: All right. Mr. Sabines: Thank you. Chairman Teele: So what we're going to do is we're going to place this item on -- back on the agenda on July 8th. There will be a separate item to discuss your confract and the issues that you want to raise, and you want to do. Hopefully, it'll just be a love feast by then, and we'll all be smiling. Commissioner Regalado: Mr. Chairman, just to mention. I -- you know, I just want to say to you that we owe you gratitude because you have worked very hard in our district, butt got to say also that Barbara has fried. I don't know what's really going on in terms of details, but Barbara has shown that some things can be resolved, you know, looking at all sides of the issue. Hopefully, it would be resolved. I trust that we can do that, even before July 8th, because you City ofMiami Page 69 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 know what? You know how hard it is for the businesspeople in Flagami, especially Flagami now . These people are hurting, and these people are not closing their business because they're working with the heart now, but they have problems, and if we can only help them by doing a fac ade and by helping the idea you have of buying new equipment, freezers and cafeteria, you know, stuff like that, it's important and, you know, I really appeal to you and to Barbara because we need that help for Flagami. Thank you. Ms. Rodriguez: Thank you. Mr. Sabines: Thank you very much. I -- Chairman Teele: Hold on, hold on. Commissioner Gonzalez. Mr. Sabines: Oh, OK I'm sorry. Commissioner Gonzalez: Yes, Mr. Chairman. On the issue of who's going to do facades, let me tell you. I'm only one vote here. Commissioner Winton: I'm sorry? Commissioner Gonzalez: In the issue of who's going to do facades, I am one vote here, only one vote, butt will always vote against the administration doing facades. Chairman Teele: Well, that's fine now. Vice Chairman Sanchez: That's fine. Commissioner Regalado: That's fine. Vice Chairman Sanchez: Unanimous. Commissioner Regalado: Do you need a sixth? Commissioner Gonzalez: Let me tell you. Commissioner Regalado: We need a sixth vote. Commissioner Winton: There are five votes here for that. Commissioner Gonzalez: Let me tell you. Commissioner Regalado: Six -- Commissioner Gonzalez: They're talking about -- Commissioner Regalado: -- number six. Commissioner Gonzalez: They're talking about -- Ms. Rodriguez: There's six. Commissioner Gonzalez: -- six years doing facade. This Commissioner did facades for 15 years before being a Commissioner, and I go back 15 years ago, when the City ofMiami Planning Department and Building Department were doing some of the facade procedures, and planning and sketches, and all of that and, Johnny, it took us, the agency, four months to be able to paint City ofMiami Page 70 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 one facade. Ever since that was abolished by Frank Castaneda, who was the director of Community Development back then, every agency has started to produce facades. Let me also put on the record that the agencies that have always been in first place on the Facade Treatment Program has been SBOC, Josie Correa Downtown Development Corporation, and Allapattah Business Development Authority; always hitting over 100 projects a year. Now, going to the issue of the allocation of monies, Allapattah Business Development, who is in my district, OK, is also confronting the problem of the cuts of the amount that is being paid to the agencies per project, and that is not a fault of Barbara Rodriguez; it's not a fault of any of the Commissioners. It's not a fault of anybody but USHUD (United States Department of Housing and Urban Development). USHUD has determined that the amount of money that was being paid by project was completely out of line, and they have determined that they just want to pay 40 percent of the actual cost of the facade. The same impact that he's getting -- and let me tell you. He's getting funded $400, 000 to do facade. Allapattah Business Development is getting funded $50, 000 to do facade, so it's quite a difference between 50,000 and 400, 000. I don't have a problem with that. I don't have a problem if he gets $500, 000 and Josie gets $1, 000, 000, as long as my agency can perform the work that they're supposed to perform and keep enhancing the area, I'm all right with it, all right? But the thing is that it is very unfair to blame the administration for something that USHUD is sending down to us. It's like blaming the agencies that provide social services because they cannot provide social services because they are not getting the funding, and the problem is not the City Commission. The problem is USHUD. USHUD costs $10, 000, 000, and we don't have $10, 000, 000, we cannot give away $10, 000, 000, so I just want to put on the record the same directive that have been given to him was given to my agency in Allapattah. They called me, and I said -- Commissioner Winton: And I just asked my staff to ask Josie -- Commissioner Gonzalez: -- there's nothing I can do. Commissioner Winton: -- if she was dealing with the same issue, and she says absolutely. She got the same exact letter -- Commissioner Gonzalez: Exactly. Commissioner Winton: -- so the three major facade organizations are -- Ms. Rodriguez: And I do -- Mr. Sabines: Where's that letter at? Commissioner Gonzalez: What I honestly recommend -- Ms. Rodriguez: And I do -- Mr. Sabines: Where's that letter at? Ms. Rodriguez: -- want to say, Commissioner Winton, that Josie Correa from DMP (Downtown Miami Partnership) has been working with the administration. They have brought us consultants that had had this issue with HUD at Miami Beach to help us out. The problem was that HUD did an audit of all the facades that were turned in from October to now, and we were paying an average of 120 percent over the benefit of the commercial, and that's where the problem is. Commissioner Winton: But I think Commissioner Teele said we don't want to get into the details City ofMiami Page 71 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Ms. Rodriguez: Right. Commissioner Winton: I just made a simple point. Don't want any details. We're going to -- Ms. Rodriguez: Right. Commissioner Winton: Those details we'll deal with on the 8th. Ms. Rodriguez: Right. Commissioner Gonzalez: And, you know, and the problem is that -- Vice Chairman Sanchez: Mr. Chairman. Commissioner Gonzalez: And this is a message that I'm going to give you, you know. Ifyou want to change the rules at our level, you have to go to Congress and sit over there and see if they want to listen to you, and then maybe, if you're lucky, Congress will listen to you and say, well, you know, instead of paying you $2, 000 per facade, we're going to pay you $5, 000 per fag ade, but until we get that done, it's very difficult, and there's nothing actually that we can do. Thank you. Mr. Sabines: May I? The last thing -- Chairman Teele: No, no, no. Mr. Sabines: Please, please, please, please, please. Commissioner Gonzalez, isn't there a difference between administration and project delivery? Now think about what I'm going to tell you. A businessowner calls me. Commissioner Winton: Wait, wait. I thought we were -- Mr. Sabines: He has a broken sign. I can fix the plastic for $700. Commissioner Winton: Are we going to -- Mr. Sabines: I'm going to get 40 percent of that, right? Commissioner Winton: Mr. Chairman. Mr. Sabines: When that guy calls me, I'm going to tell the contractor to tear the sign down and put a reverse channel letter that costs $5, 000 because I need 40 percent. Once I work for commission, I'm not a non-profit anymore. I'm a salesperson -- Commissioner Gonzalez: Well, let me tell you. Mr. Sabines: -- for these people. Commissioner Gonzalez: I don't expect you to do that because I do respect you a lot. I know that you -- Mr. Sabines: No, no. Commissioner Gonzalez: -- are a man of integrity. City ofMiami Page 72 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Mr. Sabines: I learned from you -- Commissioner Gonzalez: And -- Mr. Sabines: So, you know, if there's somebody that knows what they're -- but I'm telling you that the 40 percent has nothing to do with the project delivery. Commissioner Gonzalez: Well -- Chairman Teele: Sir. Mr. Sabines: Listen, let's clear this up. What are we -- Chairman Teele: Now, wait a minute. Now, you're way out of line now. You have just gone too far. Mr. Sabines: No, I haven't. Chairman Teele: You've gone too far. You have dis -- look. Look around you. Look at all these people. They are here, patiently, to discuss their item. You've been at the dais for 30 minutes. We have recognized that you have a legitimate issue. Mr. Sabines: I do. Chairman Teele: We've scheduled you. Now please have a seat, and we will discuss your item fully at that time, butl think it's almost unbelievable that you would go on, and on, and on, and on. Mr. Sabines: Of course Igo on and on. Chairman Teele: Public hearing. Mr. Sabines: I'm notgoing to steal to keep a job is what I'm trying to tell you. I'm notgoing to cheat and I'm not going to steal to keep a job. I don't need it that bad. It's your decision. You're the public officials. You live with it. I don't care, OK? I'm not going to work on a commission basis because that's illegal. I don't see a letter from HUD saying that. I see a letter from their department saying it. You want to bring it July the 8th, I'll be back. You want me to go to the attorney, I'll go to the attorney, butt got a right to stand here and say what say, because I've worked damned hard for this City. Chairman Teele: Thank you very much, sir. Mr. Sabines: You're welcome. Chairman Teele: Further discussion on the item. Further discussion. Commissioner Winton: What is that, how to influence friends, or whatever that -- Chairman Teele: You know, the guy walks in here with five people willing to support him on the merits, andl assume we all will. OK. Commissioner Gonzalez: Mr. Chairman -- Commissioner Winton: He managed to irritate me. City ofMiami Page 73 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Commissioner Gonzalez: -- I'm going to move PH 12. Vice Chairman Sanchez: No -- Chairman Teele: Public hearing -- the public hearing on this item is closed. Vice Chairman Sanchez: Mr. Chairman. Chairman Teele: Discussion on the item. Vice Chairman. Vice Chairman Sanchez: Mr. Chairman, I'm going to be very brief. There's one item I'd just like to give more clarification on. That's the Greater Miami Chamber of Commerce. It's creating a Hispanic Business Initiative Fund. This may be a very fine program and, of course, the idea of providing loans and technical assistance, we all support here, but let me just state that there are certain things that I'm not very informed with. Would we -- Barbara, I have a couple of questions. Are you going to be able to answer it, or is somebody here from that organization? Ms. Rodriguez: Unfortunately, I believe that the gentleman had another meeting, and he left. I believe that we sent to your office all of the documents you requested. Vice Chairman Sanchez: Well, the thing is, I didn't see anything in the background material that outlined the specifics of it, and I just wanted to ask some questions on it because it was an item that was on my -- Ms. Rodriguez: Right. Vice Chairman Sanchez: -- CDBG programs and -- Ms. Rodriguez: If you want, I can bring back that program -- Vice Chairman Sanchez: No, no, no, no. Listen, I just want to know -- would we specific -- what is specifically going to be the role of the Hispanic of this community, and what is it going to basically do? The other issue I have is, are you going to have to be a member of the Greater Miami Chamber of Commerce to participate, because I think that will put a burden on these small businesses to seek assistance, and the other issue - Ms. Rodriguez: Commissioner -- Vice Chairman Sanchez: -- is that on the language, it states that there's something about serving Monroe County, and I want to make sure that if any money is coming out of my district, you know, I don't want it to go anywhere -- the Keys. Commissioner Gonzalez: I join you on that. Ms. Rodriguez: I could not answer those questions, so if you want, I can -- if you want to pull that funding, and I will be back and give you all the details of the project. Commissioner Gonzalez: I think that's what I want to do. Ms. Rodriguez: I don't have it with -- Chairman Teele: I think that would be a good thing to do. Commissioner Gonzalez: Yeah. City ofMiami Page 74 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Vice Chairman Sanchez: Because it's not only me who's giving 50,000. Commissioner Gonzalez: No. I'm also -- Vice Chairman Sanchez: There's three -- there are another two Commissioners -- Ms. Rodriguez: Right. Vice Chairman Sanchez: -- that are giving 50,000. Commissioner Regalado: What -- excuse me. I wasn't paying -- Ms. Rodriguez: I would recommend that we pull -- that you do not fund right now the Greater Miami Chamber of Commerce until I provide you all the details of the program. Chairman Teele: What we'll do is, we will ask that you reschedule -- we're going to ask that we have a reschedule of that item on July 8th, and let's fry to deal with all of the Community Development items. Ms. Rodriguez: OK Chairman Teele: So we've already pulled about four or five items that we've got to have discussion -- Ms. Rodriguez: OK Chairman Teele: -- on the 8th. Commissioner Regalado: But didn't that -- didn't they have some auditing problems? Ms. Rodriguez: The -- Commissioner Regalado: They lost some money or something like that. Ms. Rodriguez: Well, this is a new program that we're frying to establish for the City with some matching funds from the State, but instead of me going through the detail, I think I should give you something in writing -- Chairman Teele: Right. Ms. Rodriguez: -- of what they're going to do to make you comfortable of what you're voting on, so -- Vice Chairman Sanchez: And -- Ms. Rodriguez: -- I will bring back that one on July 8th. Vice Chairman Sanchez: If you can, can you clarify another thing? Are they the Greater Miami Chamber of Commerce? Ms. Rodriguez: Yes. Vice Chairman Sanchez: OK, and they're going to create a Hispanic Business Initiative Fund? City ofMiami Page 75 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Ms. Rodriguez: Correct. Vice Chairman Sanchez: For -- Ms. Rodriguez: Right. Vice Chairman Sanchez: OK. Ms. Rodriguez: That, I can respond; the other, I can't, butt will have it back July 8th. Vice Chairman Sanchez: OK. Chairman Teele: All right. Without objection, we'll do the motion that'll modify -- it'll contain that -- Ms. Rodriguez: With a modification. Chairman Teele: -- as a modification. Mr. Attorney, we have about two modifications already. Ms. Rodriguez: Right. Chairman Teele: Further discussion on this item, PH.11? Where's the Budget Director? The -- Commissioner Gonzalez: PH 12. Commissioner Winton: What are we on? PH.12. Chairman Teele: I'm sorry, PH 12. PH 12. Commissioner Regalado: 12. Chairman Teele: Where's the Budget Director on the report from the Little Haiti Credit Union? I'm surprised and disappointed that no one is here from the credit union, or spoke on behalf of the credit union when we have the public hearing. Ms. Rodriguez: There is a gentle -- Chairman Teele: But -- I mean, the public hearing is closed on that item. I mean, we called for it, but now we're up to discussion. Mr. Cayard, did you want to say something? Ringo Cayard: I'd like to speak on behalf of the credit union, if it's possible. Chairman Teele: Yeah. It's -- we've had a public hearing on it for -- going on 45 minutes. Mr. Cayard: Oh, because I was yielding the time -- Chairman Teele: Go right ahead. Mr. Cayard: -- to the other person. I think the credit union in Little Haiti is -- Commissioner Winton: Ringo, your name. Name and address. Chairman Teele: Ringo, your name and address for the record. Mr. Cayard: Ringo Cayard, Haitian American Foundation. I could have said Johnny Winton, City ofMiami Page 76 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 or Arthur Teele, for that matter. I think it's something very good for the community, especially for the small businesses that the credit union exist in Little Haiti. It took a long time to come through, and they have seen the problems that every lending institution is facing, so I think the City has, basically, an obligation to help out a neighborhood credit union. This is the first, and this is servicing people in an area who have needs, so I'm for the fact that you guys are coming forward to help them out with, of course, the condition that they have a few years to perform and, if they don't, you won't give them any money anymore, so I think this is pretty much good news for our community, because the bottom line, credit union there is creating jobs and also helping the small business to keep the job that they are providing. Chairman Teele: All right. Thank you very much, sir. Marleine Bastien: My name is Marleine Bastien from 8320 Northeast 2nd Avenue. I'm the Executive Director of FANA4 (Ayisyen Nan Miyami), a CBO (Community Based Organization) located in the City ofMiami, and that has business with the Little Haiti Credit Union. I really strongly encourage you to support the credit union. I had my account as a CBO at the Bank of America. I transferred my account to the Little Haiti Credit Union because I believe, I strongly believe that it is very important for this community to have its own bank to assist Haitians who have small businesses and, oftentimes, do not have access anywhere else; oftentimes, they do not have access anywhere else, so I urge you to continue to support the Little Haiti Credit Union, to do your best to make it a viable institution in Little Haiti. I thank you. Chairman Teele: Thank you very much. Yes. David Harder: My name is David Harder. I'm the chair of the Little Haiti/Edison Federal Credit Union, and let me just apologize for not coming up during a public comment. I just got caught up and distracted with the previous conversation, and was not paying attention, so -- Commissioner Winton: So did we. Mr. Harder: -- that's my fault. I appreciate the work thatHr. Springs has done with us, and Chairman Teele, your support of our credit union, and we're working very, very hard to build and strengthen the credit union, and want to continue to work with you. Whatever we can do to grow, benefits the community, the businesses, and the members -- the individual members of the credit union. We have approximately 2,000 members right now. We want to develop and continue to develop a 4-year self-sufficiency plan that would, essentially, more than double our membership, and more than triple our asset base with the credit union, and we thank you in advance for your support. Thank you. Chairman Teele: Thank you. Mr. Spring. Mr. Spring, let me just tell you where I am. I'm going to defer this item today for the following reasons: First, you were instructed to develop a memorandum of agreement and a working document with the board of directors of the credit union. I know that you all have had a number of meetings. I know that the Director of Technology has worked very hard with you, and I commend you and the management team for doing that but, to date, we still don't have that agreement. The elements that I'm concerned about in the agreement is, obviously, the staff programming, strengthening the staff strengthening the board, and ensuring that all meetings are public meetings, as it relates to the public. If we're going to put in money, you know, I want to make sure that they -- during this period of time, or this building of it, that it's done very, very transparently, and so, one of the conditions is that the annual meeting -- the board meeting shall be done in the public, in the open, and everybody knows what's going on. I went to a meeting last night, and I got a baptism of fire about using City monies and meetings are going on behind closed doors, and this, that and the other, so I am asking -- and I recognize what Mr. Cayard and Ms. Bastien have said, and I support it, but the goal was for this to be a self-sufficiency plan that, at the end of three years, four years, that this -- whatever that is, and we need to get that in writing, and that we can all City ofMiami Page 77 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 agree to it. I think, from my district point of view, the strongest thing that I can do to help 1,000 businesses is get a credit union in the community that's functioning and viable. I'd much rather support getting a credit union than providing $10, 000 for this facade, and $3, 000 for this parking lot, and this, this, and this. This is the way, I think, to do it, but I think we need to be very clear on what it is we're doing, so with the understanding, Mr. Harder, that this item will come back on July 8th, and your board will have up until that time to get into writing an agreement with the City on that, so that we all know what we're doing, if that's satisfactory to you. Larry Spring: Yes. Larry Spring, Chief of Strategic Planning, Budget and Performance. Commissioner, I have worked with them very closely. A lot of the items that you are requesting have been substantially completed, but we will get a formal report with all of those elements included. Chairman Teele: Do you have an interlocal -- do you have a memorandum of agreement with you, on behalf of the Manager or the City, and their board? Mr. Spring: That would be the final piece. As far as the numbers are concerned, as far as forecasting and membership plans, board (UNINTELLIGIBLE), all of those items have been discussed and substantially agreed upon, so I think it's just a matter of finalizing it; getting that memorandum together, and we can -- we'll be prepared for July 8th, it is. Chairman Teele: Thank you. Unidentified Speaker: OK. Thank you. Chairman Teele: All right. Further discussion. If not, is there a motion on the -- Vice Chairman Sanchez: So move. Chairman Teele: -- public hearing item, as amended? Vice Chairman Sanchez: As amended. Chairman Teele: Mr. Attorney, read into the record -- Commissioner Gonzalez: Second. Chairman Teele: -- the amendment. Commissioner Regalado: 12. Vice Chairman Sanchez: Just for the record, Mr. Chairman, could you state the two items that we're amending? Chairman Teele: I'm going to ask the Attorney -- Ms. Rodriguez: There are two items: the Greater Miami Chamber of Commerce that we're bringing back July 8th with the information. Chairman Teele: One. Ms. Rodriguez: We're bringing back the Little Haiti Credit Union. Chairman Teele: Two. City ofMiami Page 78 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Ms. Rodriguez: And we're bringing back information as to SBOC contract. Chairman Teele: Three. Four, the proviso that -- provided that no funds shall be used by any governmental agency to implement facades without the approval -- Ms. Rodriguez: OK Chairman Teele: -- of this board -- Ms. Rodriguez: OK Chairman Teele: -- for -- Commissioner Winton: Shouldn't that be a separate resolution? Probably be safer. Ms. Rodriguez: Yeah. Commissioner Winton: You know, if -- Chairman Teele: Well make that -- Commissioner Winton: -- you really want it to stick. Chairman Teele: -- one a separate resolution. Commissioner Winton: Yeah. Chairman Teele: So there's three amendments. Are you -- Ms. Rodriguez: Three amendments and one resolution. Vice Chairman Sanchez: The maker of the motion accepts all three amendments, and the resolution will be done separate. Commissioner Winton: Yes. Commissioner Gonzalez: Second. Commissioner Winton: And, Barbara, if you don't mind, I want to talk to you. I don't want to take up y'alls time, but the commercial facade administrative allocation, I don't understand how the math works -- Ms. Rodriguez: OK Commissioner Winton: -- so I want to meet with you afterwards -- Ms. Rodriguez: Good. Commissioner Winton: -- and not take up y'all time. Ms. Rodriguez: Thank you. Chairman Teele: All right. On the motion, maker and the seconder agree to the amendments. Yes? City ofMiami Page 79 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Vice Chairman Sanchez: Yes, sir. Commissioner Gonzalez: Yes, sir. Chairman Teele: All those in favor of the item PH.12, as amended, please say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? On the separate motion relating to the facades by Commissioner Regalado that no -- Vice Chairman Sanchez: Second. Chairman Teele: -- governmental funds will be used for facade by governmental agencies unless specifically approved by this board, it's moved and seconded by the Vice Chairman. Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? Mr. -- Commissioner Regalado, would you also move that the City Manager and City Attorney work with the County to provide matching funds for the $250, 000 for the 8th Street -- Commissioner Winton: Second. Chairman Teele: Moved by Commissioner Regalado. Seconded by Commissioner Winton, with a report to come back within 30 days, or on July 8th, as well, on that item. Is there discussion or objection? If not, on the motion, all those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: Those opposed have the same right. That item is unanimously adopted. PH.13 04-00593 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT( S), AUTHORIZING THE ALLOCATION OF 30TH PROGRAM YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $1,677,768, A CONTRIBUTION FROM COMMISSIONER TOMAS REGALADO'S CAMPAIGN ACCOUNT, IN THE AMOUNT OF $25,000, TO BE EVENLY DISTRIBUTED AMONG THE FIVE DISTRICTS, AND TRANSPORTATION AND TRANSIT SPECIAL REVENUE FUNDS, IN THE AMOUNT OF $300,000, FOR A TOTAL AMOUNT NOT TO EXCEED $2,002, 768, TO THE AGENCIES SPECIFIED IN "ATTACHMENT A," ATTACHED AND INCORPORATED, FOR PUBLIC SERVICES ACTIVITIES IN THE 30TH PROGRAM YEAR BEGINNING OCTOBER 1, 2004; AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH EACH AGENCY, FOR SAID PURPOSE. 04-00593-cover memo.pdf 04-00593-notice of correction.pdf 04-00593-public notice.pdf 04-00593-exhibit 1-policy attachment.pdf 04-00593-exhibit 2-agreement.pdf 04-00593-exhibit 3-recommended agencies.pdf City ofMiami Page 80 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Motion by Commissioner Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Teele Absent: 2 - Commissioner Sanchez and Regalado R-04-0379 Direction to the City Manager by Chairman Teele to inquire how much funding the County has set aside for the Neighborhood Center in Little Haiti in the County's Bond issue and report back to the Commission at the July 8, 2004 Commission Meeting. Direction to the Adminisfration by Chairman Teele to meet with Ms. Marcia Toussaint from ADGAM, Inc., to discuss the evaluation of her organization's Request For Proposals (RFP) for solicitation of public service funding and reschedule her organization to come before the Commission at the July 8, 2004 Commission Meeting with any adjustments or recommendationss that may be made. Direction to the Adminisfration by Chairman Teele to readvertise the economic development program for the July 8, 2004 Commission Meeting and work with FAMN AYISYEN NAN MIYAMI, INC. to see if additional funding can be obtained for its economic development program and further requesting that the administration meet with the County to see how they are assessing the FAMNAYISYENNANMIYAMI, INC. program. Direction to the Adminisfration by Chairman Teele to place a discussion item on the July 8, 2004 Commission Meeting related to elderly programs that received funding from the Mayor's Poverty Initiative. Direction to the City Manager by Commissioner Gonzalez to look into ways of how the City can alleviate the situation of lack of funding for elderly feeding programs. Chairman Teele: Ladies and gentlemen, Item 13. Start lining up. Go right ahead. Those persons who want to speak will be limited to two minutes. Barbara Rodriguez (Director, Community Development): PH (public hearing) -- Chairman Teele: Before anybody speaks, what we want are those people who are in opposition or asking for a change. Anybody who wants to say "thank you," we'll let you speak, and we want to hear anybody that wants to say "thank you," but you'll speak last, OK? You want to go right ahead? Ms. Rodriguez: OK PH 13 is the recommendation for the public service category, and we have three funding in this category. We have 1,677,768 of CDBG (Community Development Block Grant). We have the $25, 000, which was from Commissioner Regalado's campaign account, which was distributed at 5, 000 per district, and $300, 000 from transportation is also included in this funding. Commissioner Gonzalez: How much is transportation? Ms. Rodriguez: 300, 000, and it's a public hearing. Chairman Teele: All right. This is a public hearing. Any person desiring to be heard should come forth on PH 13, public services category. Yes, sir. Fernando Colon: Hello. Good morning, everybody, Commissioners. My name is Fernando Colon, Director atASPIRA Florida. We're located at 3650 North Miami Avenue. We submitted City ofMiami Page 81 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 funding for 75, 000 for youth leadership programming to go on in the Wynwood, Overtown, Liberty City. We asked for 75; we were awarded 10,000. That will not even hire a full-time staff in order to work with the youth. We programmed ourselves to work with youth from 12 to 21 years of age. The need is there. We can barely do nothing with $10, 000. We could only work with five clients with that amount. In the area right now, we have over 300 youth that need the services in that area; prevention, leadership development, resources in the community. Right now, we're just asking that they amend and they change those figures a little bit so that we're able to at least hire one full-time staff to work with at least 50 clients within the Wynwood, Overtown, and Liberty City. Thank you. Chairman Teele: All right. Commissioner Winton made the allocation. All right. Next person. Ringo Cayard: Ringo Cayard, Haitian American Foundation, 5080 Biscayne Boulevard. I'd like to congratulate Ms. Rodriguez for the work that she's been doing, butt would also be even more gratified if the 35,000 recommended to us could have been addressed to -- as you know, we spoke some weeks ago and the City needed some money, and for the City not to lose the money, I was willing to work with your office to give back almost $12, 000, which was reallocated to some other agencies. We put two applications to your department in the amount of $70, 000 each, and we're getting a little bit less than half of that. I don't think it's right. I don't think that's going to help us out, due to the fact that even though we give you back 12, 000 from 56,000, we have -- we will be operating on 44,000, and for the past 13 years, we've been getting the grants from you, we've never been as low as 35,000, and you know, Barbara, there is nothing we could really do with $35, 000, especially servicing so many people. (UNINTELLIGIBLE) service over 6,000 people yearly, and we have another program servicing an additional 6,000 elderlies throughout the County. Chairman Teele: Ringo, you know -- OK. What are you asking for? Mr. Cayard: I'm asking for an increase of the 35 to 45, to add 10,000. Chairman Teele: You're asking for an additional $10, 000. Mr. Cayard: That is correct, yes. Chairman Teele: OK. Thank you very much. Mr. Cayard: I also would like to tell the City Commissioners that there is a bond coming up that Dade County is putting out -- Miami -Dade County. It's a $2, 300, 000, 000 bond issue. I think the City should take the lead, not only supporting that bond, but also ask for certain items to be included for the Haitian community, which happen to be one of the largest block of blacks living in Florida -- in the City ofMiami. I think there is money allocated to do some -- a neighborhood center. We -- here, the City should put a little pressure on the Commissioners and the Mayors, or send somebody to have that included. The area where they're going to build a park could be having some kind of lift if they put that money into it, because we'd end up paying the taxes anyway, so all that money would be paid back by our community. Chairman Teele: All right. Madam Manager, do you know how much money the County has put in for the neighborhood center for Little Haiti in the bond issue? Would you check that out, because we do have a resolution, I think, endorsing that and asking that the Manager is directed to seek those funds and, candidly, I forgot. I'm appreciative that you brought -- Commissioner Winton: I don't remember that, though, by the way. Chairman Teele: Which one? City ofMiami Page 82 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Commissioner Winton: I mean, you may -- the resolution -- you may be right, but I don't remember so -- Chairman Teele: When we did the Little Haiti Park, there were two components that were built into that that were a part of the overall study that we identified specifically -- she can't hear you -- that we identified specifically that required County funding; one was the library, and the other was the neighborhood center, you know, like the Culmer Center or -- Commissioner Winton: Yeah, right. Chairman Teele: -- you've got one. Commissioner Winton: Right. Chairman Teele: And the one in Little Haiti is woefully, woefully, woefully inadequate. Commissioner Winton: I just didn't remember -- Chairman Teele: Yeah. Commissioner Winton: -- us doing it, and wanted to make sure we focus on it. Chairman Teele: And, in fact, the County Assistant Manager sat in on all of those meetings and participated. His office participated, and they endorsed it -- or they say they're -- they recognize the need, so we do need to go back and look at that, Madam Manager. Could we get a report on that on July 8th, as well? Linda Haskins (Deputy City Manager/Chief Financial Officer): Yes, sir. Mr. Cayard: Thank you. Chairman Teele: Thank you. Madam Director, I'm going to be looking at Embrace Girl Power! for 7,000, and JESCA (James E. Scott Community Association) for 3,000. Those are two newly funded activities that were not funded last year. That is minus, minus -- minus seven, minus three. Ms. Rodriguez: Right. Mario Echevarria: Good morning, Mr. Chairman. My apologies. I didn't have an agenda before and that's the reason I was jumping in. My name is Mario Echevarria. I live in 399 Golden Beach Drive, Golden Beach, Florida, and I'm a member of the Lions of South Florida, and we are really work on behalf of the blind community. Then -- and today, I'm here to talk on behalf of the Lion's Home for the Blind, and the situation with the home is the following: Last year, the allocation from the City went down from 60 to $20, 000. We trimmed the cost or the expenses of the home. We got the employees without health insurance. We eliminated some of the teachers, or people that daycare, and even so, we ate the reserve that the home had for years. Now, this year, I received this communication that we -- or the City was coming down from 80 last year to 20, to $5, 000 this year. Really, I don't believe that we can survive with this $5, 000. I did my best, and I promised to the blind community, the blind clients that we serve, that -- I said last year that over my dead body, the facility was going to be closed, but now I believe that with $5, 000, we cannot survive. Then I'm here just to ask you and the Commissioners that we would like to receive at least the same $20, 000 that we received last year. Chairman Teele: What district is this being funded from, Madam Director? City ofMiami Page 83 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Ms. Rodriguez: 3, 3. Chairman Teele: All right. OK. Thank you very much, sir. Mr. Echevarria: Thank you. Chairman Teele: Good morning. Marcia Toussaint: Good morning. I am Marcia Toussaint and I'm representing ADGAM, 3050 Biscayne Boulevard, and I'm here -- or I'm commenting on the letter received on the 9th, which informed us that we were not recommended for funding. I wanted to review the assessment and the instruments used to evaluate the proposal and requested that, butt had not received it as of yet so, unfortunately, I'm not able to speak on which areas we were lacking, or we felt were unfair in the evaluation of our proposal. We are here this morning asking for consideration -- reconsideration because we're not sure whether it was a fair assessment or not. The plan -- excuse me -- the plan identified critical areas that we'll be contributing to the improvement of the quality of life for the residents in Miami -Dade County, and ADGAMhas been doing that for the last four years, and we want to continue on in doing that kind of activity, so that's -- Chairman Teele: Have you -- are you currently receiving funds from the City? Ms. Toussaint: We are not currently receiving funding. Chairman Teele: All right. Let me do this: You said you don't have all the information. Ms. Toussaint: No, I don't. Chairman Teele: Obviously, we don't get any of that information. What we'll do is invite Ms. Rodriguez and her staff to meet with you, and we will reschedule this -- your -- we'll reschedule your organization on July 8th to come before us with any adjustments or recommendations Ms. Rodriguez might like to make at that time. Is that satisfactory to you? Ms. Toussaint: It is. I appreciate -- if you don't mind, can I approach to retrieve the letter? Chairman Teele: Yes, ma'am. It's sort of a form letter that they put out at the last minute to tell you to meet the requirements of notification, OK. Thank you very much for being here. Elsa Hernandez: Good morning. My name is Elsa Hernandez, and I'm the new program administrator for Catholic Charities Centro Hispano Childcare Center. We -- Chairman Teele: Which district is this funding through? Ms. Hernandez: Disfrict 2. Ms. Rodriguez: 3. 3. Ms. Hernandez: 3? Ms. Rodriguez: No. District 2. Ms. Hernandez: Disfrict 2. Commissioner Winton: Well, I don't have any money anyway. Mine goes down every year. Ms. Hernandez: Well, the reason I was here today was to ask if it would be possible to be fully City ofMiami Page 84 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 funded for the project. We have a brand new building under new administration. We are currently serving 90 children more than we did last year. Chairman Teele: Where is that new building? Ms. Hernandez: It's 125th Street and Northwest 25th Street. A hundred and twenty --125 -- Chairman Teele: That's Miami Shores. Ms. Hernandez: No. 125 Northwest 25th Street, in Wynwood. Chairman Teele: Oh, in Wynwood. Ms. Hernandez: Right. We -- Commissioner Winton: OK. Now, you've got me totally confused. Because you said -- Chairman Teele: 125th Street? Commissioner Winton: -- 125th Street, so where are you now? Ms. Hernandez: I'm sorry. It's 125 Northwest 25th Street. Commissioner Winton: Got it. Ms. Hernandez: So, 25th, between 1st and 2nd. Chairman Teele: Northwest or northeast? Ms. Hernandez: Northwest. Before, we were in trailers, and we've just opened up a brand new building. Yes. New administration. We're serving approximately 90 more children than we did last year. The reason that I had requested this funding was specifically to help the children that -- and the families that do not meet Head Start and child development services. Many of those children fall between the cracks either because of the age of the child, the income that the child makes, or the work status, and this money is specifically to give full scholarship -- full, year- round scholarships, 11 hours of childcare per day, and that's why we are here respectfully requesting additional funding. Chairman Teele: Thank you very much for coming. Ms. Hernandez: Thank you. Commissioner Winton: And could I -- I'd like to respond to you, just so you understand. District 2 public service dollars last year -- in the two -- last year and year before last, District 2 public service dollars had been decreased by 61 percent. This year, we're down almost another 10. It looks to me like, you know, eight to nine percent, so District 2, in public service dollars over three years, is down by 70 percent, so I'm almost running out of money to even talking about giving out period, never mind how to reallocate it. I mean, it's just -- it's awful, and so -- Ms. Hernandez: Let me thank you for what you did offer. Commissioner Winton: And I think y'all are doing a great job, and I wish I had a heck of a lot more money to fully fund y'all but -- Ms. Hernandez: OK. Thank you very much. City ofMiami Page 85 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Chairman Teele: Thank you for being here. Commissioner Winton: It's a bad experience here. Chairman Teele: We'll sit down and work with you. Yes, ma'am. Cynthia Blanc: Good morning, again. My name is Cynthia Blanc from the Haitian Awareness and Cultural Foundation. I am the executive director, and I'm here respectfully requesting that we be considered for 30th Year CDBG public service funds. We are currently being funded by the 20th Year CDBG funds. Barbara's office has been extremely helpful in helping us process our application and meeting all the requirements, but we were not recommended for the 30th Year CDBG, so I'm respectfully, again, requesting, Mr. Chairman, if we could have a meeting with your office and Barbara's office to reconsider our application so that we can continue providing youth enrichment activities, after school programs and summer camp programs for youth in Little Haiti. Chairman Teele: All right. Ms. Rodriguez. Ms. Rodriguez: We will. Ms. Blanc: Thank you. Chairman Teele: Thank you very much. Marliene Bastien: Good morning, Mr. Chair, Commissioners. I'm here today with some of our after school students -- kids -- mainly to thank you for your support over the years to help FANM (Ayisyen Nan Miyami) build a first quality program visited by people from China, Italy and all over the world. FANM, because of your support, and because of the vision and leadership of our Chairman, Mr. Arthur Teele, has become probably the most visited CBO (Community Based Organization) in Miami, and I'm here mainly with them today to thank you for your support. The reason why FANM is so successful is because, over the years, we've been able to combine services with sfrong advocacy. This is unique in the City ofMiami, and that's why we are able to attract so many visitors. This year we applied for the support service -- that was for to support our social service program. We provide services for aftercare for the kids, domestic violence intervention counseling, mental health services. We also provide sfrong advocacy to our immigration services, as you know, and we also have an economic development program that was not funded. While I'm here mainly to thank you, I hope that you will eventually consider funding our economic development program because that's what makes FANM so good and so unique in the City ofMiami, because we are able to combine the social service that stabilizes family, help them sustain themselves, and help them help the children. We are able to provide strong advocacy to help Haitian refugees become U.S. citizens, and (UNINTELLIGIBLE) in the political process, and we help families who are unemployed and unable to find jobs to develop small businesses. We hope that you will -- as you supported the support service -- the social service program over the years, that you will eventually also support our economic development. Again, I thank you for your support, and I think the kids also from our after school have something to say to you, too. What do you say? Children (Collectively): Thank you, Commissioners. (APPLAUSE) Chairman Teele: Madam Director, even though she appeared to thank me, she was basically saying that she didn't get funded in the economic development area. City ofMiami Page 86 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Commissioner Winton: Yeah, I heard that. Chairman Teele: So, how much -- and this is a request for an appeal -- how much funding are they getting for their economic development program from other agencies now? Ms. Bastien: Other agencies for -- Chairman Teele: For economic -- Are you getting any money from the County? Ms. Bastien: Yes, 75,000. Chairman Teele: How much? Ms. Bastien: 75,000. Chairman Teele: For economic development? Ms. Bastien: Yes, and if we get at least 50,000, we will be able to assist all of the women who are on waiting lists. What we're doing here is that we take women who are unemployed, unable to find jobs, we provide them with technical assistance and we put them in business. This is a program that has been written about. FANM is a nationally awarded organization because of our programs, because of our programs. Chairman Teele: You were recently named Woman of the Year for who? Ms. Bastien: Woman of the Year -- Chairman Teele: For what maga -- who? Ms. Bastien: Miss Magazine. Chairman Teele: Miss Magazine. Ms. Bastien: And we also received the National Leadership Award for the work that we're doing at FANM because of your support, so we hope that with your support -- no, with your support -- if you fund this economic development program, I mean, combined with all we're doing, just imagine. Just imagine. Chairman Teele: All right. What we would like to do is, we will advertise, again, on July 8th, the economic development program for public hearing -- Ms. Rodriguez: We will work with -- Chairman Teele: And you all work and see -- and I'm willing to de -obligate, or to take money from somebody that's underperforming, to see if we can work -- butl think you need to meet with the County and see how the County is assessing their program, and we need to have a record -- Ms. Rodriguez: We will. Chairman Teele: -- as to what the County is doing. Ms. Bastien: Yes. We have a -- Ms. Rodriguez: We will work with them and come back and -- City ofMiami Page 87 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Ms. Bastien. We have a strong background. The Miami Herald has written about our program, our economic development program, our social service program, so we're doing great. Chairman Teele: OK. Ms. Bastien: And we hope to count on your continued leadership and support. Chairman Teele: Thank you again, ma'am. Welcome. Elaine Black: Good morning. My name is Elaine Black. I'm Executive Director of Tools for Change, the Black Economic Development Coalition, Inc., and on behalf of our board of directors, I'd like to thank you for your support. Thank you. Chairman Teele: Thank you very much. Commissioner Winton: Thank you, Elaine. Chairman Teele: You don't hear that enough. Althea Jackson: Good morning. My name is Althea Jackson. I'm the senior administrator for the elderly program at the James E. Scott Community Association. I just came up this morning to thank you and thank the staff for your -- our -- your recommendations and for all the support you have given to our seniors. Thank you very much. Chairman Teele: Can you -- let me -- can -- let me ask you this. You were not funded last year. Ms. Jackson: No, sir. Chairman Teele: Where -- you were not funding this way. Now, you've -- Ms. Jackson: Right. Chairman Teele: -- got funding on that secondary -- Ms. Jackson: This -- the Mayor Initiative. Chairman Teele: -- on the secondary funding from -- Ms. Rodriguez: The Mayor's Initiative. Chairman Teele: Where did the money come from? Where did the money come from? Ms. Rodriguez: From his poverty initiative. From the poverty initiative. Chairman Teele: I thought there was a supplemental -- some federal monies came down for hov -- food. OK, fine. Is that initiative going to be funding this year? Ms. Rodriguez: No. Chairman Teele: OK. Can you live with a $3, 000 cut of what we've recommended, please? In other words, instead of 50, 47,000. Ms. Jackson: If you'll consider us when there's -- some additional funds become available. Chairman Teele: OK. City ofMiami Page 88 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Commissioner Regalado: That's fair. Chairman Teele: So that was the $3,000, and I think we said we'd take the 7,000 from Embrace Girl Power!. Ms. Rodriguez: And she's coming next. Chairman Teele: And she's coming up, so thank you very much. Ms. Jackson: Thank you. Velma Lawrence: Good morning. My name is Velma Lawrence and I'm the Executive Director for the Embrace Girl Power! after school programs and camps. We are a program that's been in business now for three years, operating primarily via funding from the Governor's Mentoring Initiative and funding from Miami -Dade County sources. This is our first experience with the City ofMiami, and when we entered into a serious funding slump, we found our way to Commissioner Teele, and he sat and he listened to our program and all of the issues that we were having that were immediate to us, and pledged to assist us, and so we are funded this year for a first time, and I'm up here to basically say, Barbara Rodriguez, and Chairman Teele, and all of your Commission staff and personnel, thank you so very much for the funding we have received. Thank you so much for the technical support. I know you don't hear that enough, and I think that people need to know that you guys are working diligently. The calls are being returned; the services are being provided by your office. Barbara, thank you. I just have to say that because I know I am very anal about my program, and I'm very passionate, and I can get on your last nerve, but I appreciate all of the support that this -- City ofMiami has given this program. We serve at -risk girls who reside in the inner-city communities ofMiami-Dade County, and we are, too, doing a very fabulous job with little girls in that we're making them very, very beautiful young women, socially, academically and all around, so thank you so much for your continued support and your commitment to this program, and that's really all I wanted to say. Chairman Teele: Ms. Lawrence -- Ms. Lawrence: Yes, I'm sorry. Chairman Teele: -- two quick things: Number one, you do -- I realize that you're a Countywide program, but you do realize that our funds restrict you to servicing primarily children from the City, or children in our Parks program, so they could come from somewhere else, but those services would have to be -- Ms. Lawrence: That is correct, and we currently have a waiting list of about 160 girls from the City. Chairman Teele: And I also want to commend you for using the Overtown Youth Center -- Ms. Lawrence: Absolutely. Chairman Teele: -- and the Hadley Park facility as venues, and we commend you. Now, previously, when we were frying to make an adjustment for the Haitian Foundation, since you weren't here -- at least, I thought you weren't here -- I had indicated that we would withdraw $7, 000from your program for the next coming year, that's the FY (fiscal year) -- the program that's coming up in September, not the one that you have received the adjustment for. Can you live with that $7,000 cut, now that you're here? City ofMiami Page 89 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Ms. Lawrence: I cannot live with it, but I think that we all should support each other, so if it is going to assist another agency, we would just work diligently and try to recoup it from another area. Chairman Teele: OK, so why don't we just -- thank you for that -- why don't we just reduce that then from 7,000 to 3,000, and then find somebody that's not here and take the 4,000? OK. Commissioner Winton: Oh, my -- oh, no, don't say that. They'll all come. Chairman Teele: No. I'm -- Commissioner Winton: They'll all come. Chairman Teele: Thank you very much. Ms. Lawrence: Thank you very much again. Sabrina Baker-Bouie: Good morning. I'm glad I'm here. Sabrina Baker-Bouie from the Belafonte Tacolcy Center, 6161 Northwest 9th Avenue, and I'm really here to say "thank you." We have received funding for the first time, and we're planning to see how we can match it with some of our existing dollars to expand our aftercare program, so thank you for the support. Chairman Teele: Thank you. Helena Del Monte: Helena Del Monte, Executive Director, Association for the Development of the Exceptional. Mr. Chair and all the Honorable Commission, I'm here to say a big and loud " thank you" for making one ofyour priorities assisting and serving, and awarding dollars for the very needed population, which are persons with developmental disabilities. I always say that it is up to the strong in society to look out for those that are less strong, and today you have all shown monumental strength in making persons with developmental disabilities one ofyour priorities, and now I'd like to address Madam Chair and all of the Community Development staff . It was a welcomed sophisticated change from the RFP (Request for Proposals), to the bidders' conference. Really, I commend the department. It was the first year that the RFP was available through Internet. We had multiple bidders' conferences and, honestly, it was a very, very difficult year, and I think that it turned out that you were miracle workers, and you were extremely fair, and it has to be said and it has to be commended, so thank you. Commissioner Gonzalez: That's good. Ms. Rodriguez: Thank you, Helena. Jacquelyn Knowles: Good morning. We've got five more minutes for this morning. My name is Jackie Knowles. I am the Executive Director for Regis House. We are located at 2010 Northwest 7th Street, in District 3. I am also here to say "thank you." This is the third year that we will receive City ofMiami funding for our after school program at Citrus Grove Elementary, and we are very happy and grateful, and excited about being able to double the slots with the City award and I'm here, so I hope it's not going to be taken away, so we're just very excited and very grateful. Unfortunately, Commissioner Sanchez isn't here to hear this, but I will personally thank him. He's been a very strong supporter of our programs in District 3. Thank you very much. Commissioner Gonzalez: Thank you. Miriam Urra: Good afternoon. My name is Miriam Urra, Allapattah Community Action, 2257 Northwest North River Drive. Commissioners, I'm here to thank you all for the wonderful work City ofMiami Page 90 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 that you're doing for the needy people, the needy residents of the City ofMiami, including my area, Allapattah, and I'm very glad to be here in front of all of you, and I'd like to say that for many, many years back, I have seen Commissioners working strongly to better this community, butl think, at this present time, we have a strong leadership in the City ofMiami, and I'd like to acknowledge that in front of everybody here, and thank you for your support. Thank you. Commissioner Gonzalez: Thank you. Chairman Teele: Thank you so much. If there are people in the community that have never been to the Orlando Urra Center, what's located -- where is it, Angel? Commissioner Gonzalez: 2259 Northwest North River Drive. Chairman Teele: 2259 -- Commissioner Gonzalez: 5-7, I'm sorry. Chairman Teele: 2257 North River Drive, especially the JESCA people, I would welcome, if anybody from District 5 would go over there, because that is a model program in providing services to elderly, to you, and to the community, and we really appreciate what you're doing, and we appreciate the legacy of your late husband. Ms. Urra: Thank you. Chairman Teele: Thank you. Cristina Penedo: Good morning. My name is Cristina Penedo, and I'm representing Southwest Social Services Program. We provide services in the Flagami area at Armando Badia Senior Center, and I just want to take this opportunity to thank the Commissioner for -- the Commission for being so helpful with the needs of the elderly in the Flagami area, and I also want to commend the staff of Community Development. They really were very helpful this year with the transition from the reimbursement process into the client unit service process. It was a little bit difficult at first, but now that everything is in place -- thanks to their help -- everything is running very smoothly. Thank you. Commissioner Gonzalez: Thank you. Chairman Teele: Thank you so much. Lourdes Santos: Good morning. My name is Lourdes Santos. I'm with Catholic Charities Elderly Services. This year, we have two centers that we applied for. The GESU center, located downtown, and the Claude Pepper Towers, located in Allapattah. Last year, we were able to successfully -- Chairman Teele: What's the address of the Claude Pepper? Ms. Santos: The Claude Pepper is 750 Northwest 18th Terrace. Commissioner Gonzalez: The Claude Pepper Center, Mr. Chairman, serves residents of your area -- Chairman Teele: Right. Commissioner Gonzalez: -- and my area. Something -- it's a center that we share. Unfortunately, they're being cut -- City ofMiami Page 91 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Ms. Santos: Well -- Commissioner Gonzalez: -- very seriously. Ms. Santos: OK. This year, the GESU site, located downtown, where we serve over 30 elderly was not recommended for funding. The Claude Pepper went -- last year, as I said, there was ninety-two thousand some dollars. We were recommended for $6, 000. Chairman Teele: How much did you get last year? Commissioner Gonzalez: 97. Ms. Santos: For both centers, it was 92,350, OK. Now, there's a little bit of history behind the Claude Pepper Tower. March, last year, we were asked by the City ofMiami to step in and take it over after three agencies left; let's put it that way, OK. Ms. Rodriguez: Right. Ms. Santos: When we came in, we were able to get things going. We have -- all clients are cooperating. Everything is very smooth, OK, and now -- last year, again, we were not recommended. We got money through the Mayor's Poverty Initiative, and now, this year, we find ourselves, again, in the same situation so, basically, I'm asking you all, please, for your help to try to save these two centers. Commissioner Gonzalez: Barbara. Chairman Teele: How many people do you serve at the Claude Pepper? Ms. Santos: Claude Pepper, I believe there is 62 registered right now. On a daily basis, we serve 45 meals. Chairman Teele: See, this supplemental funding last year just creates a problem for the current year. Madam Manager, do we have any rabbits in a hat that we can pull out to help the elderly? How much money did we net on that initiative -- that Poverty Initiative last year? Ms. Rodriguez: 300, 000. That's what they gave us to use for the elderly program. Ms. Haskins: Those were originally funds that were awarded out of fund balance for special initiatives. We can look to see if -- is there -- what are the balances in any of these funds to see what there might be. Chairman Teele: I don't know where we are on the budget, per se, but I, for one, will support something in the fiscal year coming budget, assuming we can make the ends meet, balance the budget, to do something for these elderlies that we started -- we get them started, see. I have a very strong position that I had when I got elected, that I wasn't going to start funding elderly. Today, for the first time, I'm funding elderly in District 5 because the Mayor's Initiative fund it, see, but I've never funded it because once you start, how do you stop funding people for food? I mean, you know, nobody's cold enough to say I'm not going to give you money anymore, if you've got it, and that has to take priority over everything else, so I think the Catholic Charities and all of these people that had that -- we need to, perhaps, put that on the agenda for the July the 8th, as a discussion, but recognizing there will be no money available, but what we'll be trying to deal with is a policy to see how we can get our hands on it, so we'll put it on the agenda as a public hearing for those agencies that received the funding from the Mayor's Initiative. There will be no money on July 8th, but we will try to get an understanding of where the City ofMiami Page 92 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 organizations are so that we don't just walk away cold turkey, if that's fair to you, Commissioner Winton and Commissioner Gonzalez? Commissioner Winton: And I'd like to repeat to you -- because you kept looking at me about GESU, and I don't know if you were listening or not but, in District 2, social services funding has been cut -- in District 2 in three years -- 70 percent. Ms. Santos: I'm aware of your -- the district has been hit. Commissioner Winton: 70 is mind -boggling, and so -- Commissioner Gonzalez: I'm being told that the -- that there may be some money coming down from Washington, from USHUD, for meals. Commissioner Winton: Great. Commissioner Gonzalez: It's a possibility. If that is true, then we'll have a solution to -- because it's nothing worse than taking away food from people. I mean, you know -- Chairman Teele: Once you start feeding them. Commissioner Gonzalez: -- you're not talking about shoes. You're not talking about clothes, and you're not talking about -- you're talking about food. Commissioner Winton: Yeah. Commissioner Gonzalez: Feeding people, you know, and Madam Manager, I would appreciate it, same as my colleague, Chairman Teele, that we start looking somewhere to see if at least, we can alleviate the situation meanwhile until something is definite because, you know, what are we going to tell these 45 elderlies? We're not going to feed you. Go out on the street and, you know Commissioner Winton: Yeah. Chairman Teele: And, especially, once people change their lifestyle, they make that adjustment - Commissioner Gonzalez: And on top of that -- Chairman Teele: -- and now they're expecting it. It's one thing when you don't do it -- Commissioner Gonzalez: And on top of that, let me tell you. Let me tell you -- Commissioner Winton: Right. Commissioner Gonzalez: -- add something to it, to the problem. A lot of these people in this particular building, they're handicapped. Commissioner Winton: Yeah. Commissioner Gonzalez: They're in wheelchairs. Ms. Santos: The majority cannot cook, literally. Commissioner Gonzalez: OK City ofMiami Page 93 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Commissioner Winton: Wow. Commissioner Gonzalez: So they can't even go and do part-time in a grocery store bagging groceries. Ms. Santos: And they don't even have -- like the Claude Pepper Center and GESU, I mean, there's no Winn Dixies near -- Commissioner Gonzalez: Exactly. Chairman Teele: Yeah. Commissioner Winton: There's nothing. Ms. Santos: -- grocery stores. You know, there's other areas in Allapattah where you can walk three blocks, and there's a grocery store. Chairman Teele: Yeah, yeah. Commissioner Gonzalez: Right. Ms. Santos: Not here, so it makes their situation even worse. Chairman Teele: We want to work -- Ms. Santos: And three times they've been through this already. Chairman Teele: We want to work with -- Ms. Santos: That makes me feel even worse, you know. Commissioner Gonzalez: Right. Commissioner Winton: Well -- Ms. Santos: Thank you all, really. Chairman Teele: The pub -- Is there any -- Commissioner Winton: Barbara, I want to make a point about that. The Boys & Girls Club's recommended for $10, 000. They got nothing last year. I know what $10, 000 does to -- adding to the program after getting nothing last year, and I want to move that $10, 000 to this program. Chairman Teele: The one downtown. Ms. Rodriguez: GESU or Claude Pepper? Commissioner Winton: Yes. Ms. Rodriguez: GESU? Commissioner Winton: For GESU. Commissioner Gonzalez: Thank you, Johnny. City ofMiami Page 94 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Chairman Teele: Thank you. Ms. Santos: Thank you. Chairman Teele: Thank you, Commissioner Winton. All right. The public hearing is closed. Again, this food thing is serious. What we're recommending, Madam Director, Madam Manager is -- Ms. Rodriguez: Let me tell you that -- the amendments. We're going to be defunding $3, 000 from JESCA; $3, 000 from -- Chairman Teele: Don't say "defund"; transferring. Ms. Rodriguez: OK -- transfer from Embrace Foundation; funding an additional $6, 000 to the Haitian American Foundation; transferring $10, 000 from Boys & Girls Club to GESU -- to Catholic Charity GESU, elderly feeding, and that's what I have up to now. Chairman Teele: All right. The public hearing is closed. Is there a motion on -- Commissioner Gonzalez: I move PH 13, as amended. Chairman Teele: Is -- Commissioner Winton, will you second it, as amended? Commissioner Winton: Yes. I'm sorry. Second. Chairman Teele: All right. We also agreed to place several items on the agenda for July 8th. Ms. Rodriguez: From this -- from public service, I have the -- one ofJuly 8th, ADGAM, and we will meet with FANM to go over the economic development. Chairman Teele: No. We asked that that be put on the July 8th agenda, as well. Ms. Rodriguez: Right, so those are the two that I have for July 8th. Chairman Teele: I thought it was a third. All right. Commissioner Gonzalez: All right. Chairman Teele: All right. Priscilla Thompson (City Clerk): Commissioner. Commissioner Gonzalez: Mr. Chairman. Ms. Thompson: According to my notes, you talked about looking at money for the elderly through the Mayor's Initiative. I think that was the last one you just discussed. Chairman Teele: The last one -- that was the one that we would take -- Ms. Rodriguez: (UNINTELLIGIBLE) Chairman Teele: -- all of those agencies that received money from the poverty initiative -- Ms. Rodriguez: OK City ofMiami Page 95 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Chairman Teele: -- and we would schedule those also as a public hearing item, but we're not going to be giving out money. We're just going to be trying to look at how we can, you know, deal with the issues that we all are wrestling with here. OK, as amended, we have a motion. We have a second. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All those opposed have the same right. The item is adopted unanimously by a vote of 3/0. Now, what other items do we have that are -- Commissioner Gonzalez: Mr. Chairman, I will appreciate if we could take up Item PH 1, 2 and 3, which is related to a housing project, elderly housing project in Allapattah. Chairman Teele: PH what? Commissioner Gonzalez: PH 1, 2 and 3. Ms. Rodriguez: Before you continue, I do want to say thank you to all of you. It's been -- Chairman Teele: No, no, no. Hold it, hold it, hold it. Ms. Rodriguez: I'm done. CD (Community Development) -- Chairman Teele: Before you do, I think Commissioner Winton was going to make a statement -- Commissioner Winton: Well -- Chairman Teele: -- and -- Commissioner Winton: It was really a question, because I didn't understand it. Chairman Teele: Commissioner, they need you on that mike. They're going crazy. Commissioner Winton: Well, I'm in the corner, so switch the mikes, but I'm not talking to you, you know. I'm talking to my colleagues over here. I was just -- because I didn't under -- I don't understand. Last year, year before last, year before that, this has been the most acrimonious meeting I've come to all year. What happened? We have less money again this year. We had less money three years in a row. What happened? Ms. Rodriguez: I think we're frying to make sure that we work with everybody, and it's -- Commissioner Winton: Communication; is that it? Ms. Rodriguez: Yes. Commissioner Winton: And what a difference communication makes, when everybody knows what's really going on, when it's transparent, it's crystal clear. We all know the rules. The rules are the same. You can see it all, and it says a lot about you, and it says a lot about the agencies. They do get it. They've never been the bad guys. We've probably been the bad guy for so many years, and you've turned that around, so thank you and thank you to the agencies. Ms. Rodriguez: Thank you. (APPLAUSE) City ofMiami Page 96 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Ms. Rodriguez: Thank you. Chairman Teele: So well-spoken, Commissioner Winton. You're saying it for all of us, and the one issue that we're dealing with -- that we had the problem with is obviously some lack of communication, and we're going to deal with that, but I just want to say, again, to the Manager, that Community Development has not always gotten it right. They have got it right. They are committed. They are communicating. We don't always agree with their decisions. We're going to look at some appeals and all of that, but that's a part of what the process is, and I really would appreciate the continued support for that agency because they are really doing a great job, and we appreciate it very much. Ms. Haskins: Thank you, and it's -- Commissioner Gonzalez: Barbara, I also want to commend you -- Ms. Haskins: -- Barbara and -- Barbara's leadership and her entire staff. They have worked day and night, and we can't say enough about the efforts that they put forward under Barbara's leadership. Chairman Teele: Commissioner Gonzalez. Commissioner Gonzalez: Yes. Barbara, I also want to commend you because, you know, they've been here for years, as Commissioners, but I've been to these meetings as an activist, as a CBO Executive Director, and I have -- I know what this meeting has been all about in the past, and let me tell you. You know, we have to commend you. The way that you have conducted business with Community Development, and it was proven today, and the people that spoke, everybody understood the situation. Everybody was pleased with your performance and your staff performance, and that deserves a big commendation from this government. Commissioner Winton: Everybody minus one. Commissioner Gonzalez: Yes, sir. You're right. Chairman Teele: All right. Commissioner Gonzalez: So congratulations. Ms. Rodriguez: Thank you. Chairman Teele: All right. We have the Snell matter, also, Barbara, so don't -- Barbara. Ms. Rodriguez: Yes, yes. Chairman Teele: Don't get lost. We're going to take up PH1. PH2 requires a four fifths vote. Well take up PH 1. We'll take up the Howard Snell matter, and then we will break for the morning. PH.14 04-00373 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONVEYANCE OF VACANT CITY -OWNED REAL PROPERTY LOCATED AT 1611 NORTHWEST 3RD AVENUE, MIAMI, FLORIDA, IN THE OVERTOWN NEIGHBORHOOD, TO NHDC BARCELONA, INC., A NOT -FOR -PROFIT CORPORATION, FOR THE DEVELOPMENT OF AFFORDABLE City ofMiami Page 97 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 HOMEOWNERSHIP HOUSING, WITH PARCEL REVERTER PROVISIONS; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 04-00373- cover memo.pdf 04-00373- public notice.pdf DEFERRED A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and was passed unanimously, with Commissioner Winton absent, to DEFER item PH.14 to the Commission Meeting currently scheduled for July 8, 2004. Chairman Teele: The Overtown Advisory Board has requested that the item relating to PH.14 be referred back to them. Could we get it deferred and sent back to the Overtown Advisory Board? Commissioner Regalado: Move it. Chairman Teele: Is there a second? Commissioner Gonzalez: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. City ofMiami Page 98 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 ORDINANCES - EMERGENCY EM.1 04-00475 ORDINANCE Emergency Ordinance (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 12451, THE CAPITAL PROJECTS APPROPRIATIONS ORDINANCE, TO REVISE CERTAIN ONGOING CAPITAL IMPROVEMENT PROJECTS BY REPROGRAMMING PREVIOUSLY APPROVED FUNDS AND APPROPRIATING NEW FUNDING; ESTABLISHING AND APPROPRIATING NEW CAPITAL PROJECT NO. 326010 ENTITLED "MIAMARINA IMPROVEMENTS"; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 04-00475-cover memo.pdf 04-00475-budgetary impact.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele 12544 Chairman Teele: All right. Next item. Alejandro Vilarello (City Attorney): FM.1. Mary Conway: Mary Conway, CIP (Capital Improvement Projects) Director. F.M.1 are some standard modifications; redistribution of funds, rollover funds allocated within the CIP program. Chairman Teele: What are the significant changes that we're making, ma'am? Ms. Conway: The more significant changes would be for -- working from the bottom up -- Roberto Clemente Park, allocation of $300, 000 for structural repairs; additional $500, 000 to Virginia Key for sanitary sewer improvements. Those are the more significant ones. The others just deal with rollover funds being allocated to projects or unallocated extra funds that were available on projects being reallocated. Chairman Teele: Thank you very much. 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. Is there a motion? Commissioner Gonzalez: So move. Chairman Teele: Is there a second? Commissioner Winton: Second. Chairman Teele: Is there objection or discussion? Mr. Attorney. The Ordinance was read by title into the public record by the City Attorney. Chairman Teele: All right. Priscilla Thompson (City Clerk): Roll call. City ofMiami Page 99 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Roll calls were taken, the results of which are stated above. Ms. Thompson: The ordinance has been adopted as emergency measure, 5/0. EM.2 04-00493 ORDINANCE Emergency Ordinance (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 12420, THE ANNUAL APPROPRIATIONS ORDINANCE TO INCREASE CERTAIN OPERATIONAL AND BUDGETARY APPROPRIATIONS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2004, CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 04-00493-cover memo.pdf 04-00493-exhibits.pdf Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele 12543 Chairman Teele: All right. We'll take up the budget item. Larry Spring (Chief Strategic Planning, Budgeting and Performance): Commissioner, would you like to do EM.1 first? EM.1 is the capital one -- Chairman Teele: Anything you want to do, Mr. Budget Director. Commissioner Winton: But let's move because I needed to be somewhere -- Mr. Spring: Well, I'll move forward with my budget amendment, actually. Commissioners, before you you have an emergency ordinance amending Ordinance Number 12420, the annual appropriations ordinance to increase certain operational and budgetary appropriations for the fiscal year ending September 30, 2004. This -- I've made a -- this is a floor amendment that I'm making from the version that was included in your agenda books. The substance of that amendment is two items. First, there's an $8,500, 000 increase in the Police Services Special Revenue account. That would be to accept the FTAA (Free Trade Area of the Americas) grant for -- that we are the lead agency on, and also, in our Community Development Special Revenue account, approximately $11, 000, 000 increase from the version in the budget book, appropriating multi year fund balance rollovers. Chairman Teele: What other changes -- significant changes are being made? Mr. Spring: In general, in the budget? Chairman Teele: Yes. Mr. Spring: If you look to the last three pages of the ordinance package, I have an appropriations summary detail. In there, we are appropriating an additional $1, 000, 000 in grants; one being the Sherman Williams settlement, which is being appropriated through the Parks special revenue for maintenance, as required by the resolution on that settlement. Additionally, we're accepting a grant from the Bayfront Management Trust for Parks and special City ofMiami Page 100 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 events programming. That was received by the Commission also by resolution earlier this year. The other significant change in the mid year appropriation is the appropriation of additional $3, 800,000 that will be our COLA (Cost Of Living Allowance) contribution to the FIPO ( Firefighters and Police Officers) Pension Plan, as required by our actuary calculation. Commissioner Winton: Where is that? I don't see that. Mr. Spring: That's actually -- if you look on page 2 of 3 of the summary detail, it's called the Fiscal Year 2000Appropriation Adjustment -- Commissioner Winton: 2 of 3? Mr. Spring; Yeah. If you look at the back of the -- Commissioner Winton: Must be on the wrong page. Mr. Spring: -- legislative package -- Commissioner Winton: That's EM 1 ? Mr. Spring: EM.2. Commissioner Winton: Oh. Mr. Spring: We're doing EM 2. Commissioner Winton: No wonder I couldn't find it. OK. Commissioner Regalado: Larry -- Mr. Spring: Sir. Commissioner Regalado: -- on the appropriations, Board of Commissioners, 1.5, and now it's 1. 7. What is -- Mr. Spring: The substance of that change is us appropriating the -- Commissioner Regalado: The salary -- Mr. Spring: The salary. Commissioner Regalado: -- adjustment? Mr. Spring: Yes. Commissioner Regalado: OK. Chairman Teele: All right. Further -- This is a public hearing. Any person desiring to be heard should come forward on EM.1. Mr. Spring: EM.2. Alejandro Vilarello (City Attorney): No, sir. EM2. Chairman Teele: EM.2. There are no persons coming forward. The public hearing is closed. City ofMiami Page 101 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Motion to approve. Commissioner Winton: So moved. Mr. Vilarello: This is -- Commissioner Gonzalez: So move -- second. Mr. Vilarello: This is an emergency ordinance. Mr. Spring: Yes. Chairman Teele: I'm sorry. The Ordinance was read by title into the public record by the City Attorney. Chairman Teele: Motion. Commissioner Winton: So moved. Commissioner Gonzalez: Second. Chairman Teele: Is there objection? Madam Clerk. Priscilla Thompson (City Clerk): Roll call. Roll calls were taken, the results of which are stated above. Ms. Thompson: The ordinance has been adopted on emergency measure, 5/0. Mr. Spring: Thank you. Chairman Teele: All right. Mr. Vilarello: Mr. Chairman, for the record, just to be clear, this was a floor amendment. This was substitute Item F.M 2. Chairman Teele: As stated in the record. You're correct. Yes, sir. EM.3 04-00556 ORDINANCE Emergency Ordinance (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 54 OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS" BY: AMENDING SECTIONS 54-1, TO EXCEPT "SPECIAL EVENTS" FROM THE DEFINITIONS OF "PARADE" AND "ASSEMBLY", TO DEFINE "SPECIAL EVENT" AND " PUBLIC RIGHT-OF-WAY;" AMENDING SECTION 54-3 TO REQUIRE A PERMIT FOR A "SPECIAL EVENT;" AMENDING SECTION 54-6 TO EXCEPT CERTAIN PARADES OF LESS THAN FIFTEEN PERSONS FROM PERMIT REQUIREMENTS, TO SPECIFY ADDITIONAL CRITERIA FOR THE ISSUANCE OF A PARADE PERMIT, AND TO SPECIFY CRITERIA FOR THE REVOCATION OF A PARADE PERMIT; AMENDING SECTION 54-6.2 TO EXCEPT CERTAIN ASSEMBLIES OF LESS THAN FIFTEEN PERSONS FROM PERMIT REQUIREMENTS, TO SPECIFY ADDITIONAL CRITERIA City ofMiami Page 102 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 FOR THE ISSUANCE OF AN ASSEMBLIES PERMIT, AND TO SPECIFY CRITERIA FOR THE REVOCATION OF AN ASSEMBLIES PERMIT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 04-00556-cover memo.pdf 04-00556-legislation.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele 12545 Chairman Teele: All right. Next item. EM.3. Julie Bru (Assistant City Attorney): Chairman and members of the Commission, EM.3 is an emergency ordinance that's being recommended for adoption by the Law Department. This has the effect of revising the language that currently exists in our rates and assembly ordinances to bring those ordinance more into compliance with some of the recent case law. These ordinances have been in the books for about 30 years, and they do not adequately accommodate the interest of the people and the individuals to gather and engage in expressive conduct in our parks and in our streets, and our sidewalks, and also the City's need to regulate the permitting of parades and assemblies so, basically, what we're doing is we're redefining the definition of parades to allow for gatherings of less than 15 people, without having to permit them. We are also articulating a criteria for the administrator who grants the permits that will avoid any impermissible use of discretion, and we're also taking away the content based definition of special events so that we don't distinguish between commercial events and the noncommercial events, so I think this achieves a very equitable balance between the needs of the City to regulate, and the rights of the people to demonstrate and parade. Chairman Teele: All right. This is a public -- Commissioner Gonzalez: Mr. Chairman. Chairman Teele: -- hearing. Any person desiring to be heard should come forward. There are no persons coming forward. Commissioner Gonzalez. Commissioner Gonzalez: Move EM.2 -- EM.3. Commissioner Regalado: Second. Chairman Teele: There's a motion. There's a second. Madam Attorney, read it into the record. The Ordinance was read by title into the public record by the Assistant City Attorney. Chairman Teele: All right. Priscilla Thompson (City Clerk): Roll call. Roll calls were taken, the results of which are stated above. Ms. Thompson: The ordinance has been passed as an emergency measure, 5/0. EM.4 04-00560 ORDINANCE (4/5THS VOTE) Emergency Ordinance City ofMiami Page 103 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 38/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PARKS AND RECREATION/ USE REGULATIONS" BY AMENDING SECTION 38-74 TO PROVIDE FOR PROCEDURES AND CRITERIA FOR THE ISSUANCE OF PARADE AND ASSEMBLY PERMITS FOR USE OF PUBLIC PARKS; PROHIBITING CERTAIN ACTIVITIES WITHOUT A PERMIT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 04-00560-cover memo.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele 12546 Direction to the City Manager by Chairman Teele to develop clear uniform minimum standards for streets and sidewalks; further directing the Manager to avoid emergency ordinances whenever possible. Julie Bru (Assistant City Attorney): OK, and EM.4 is the same kind of ordinance, and I've already explained it. It deals with the special events, and this one is an emergency ordinance of the Miami City Commission, amending Chapter 38 of the Code of the City ofMiami, Florida, as amended, entitled "Parks and Recreation" by amending Section 38-74 to provide for procedures and criteria for the issuance of parade and assembly permits for use of public parks; containing a repealer provision, a severability clause, and providing for an immediate effective date. Chairman Teele: All right. This is a public hearing. Any person desiring to be heard should come forward. There are no persons appear to be coming forward, so the public hearing is closed. Madam -- Is there a motion? Commissioner Regalado: Move it. Commissioner Gonzalez: Move EM.4. Chairman Teele: Moved by Commissioner Gonzalez. Seconded by Commissioner Regalado. Madam Clerk. Priscilla Thompson (City Clerk): Roll call. Roll calls were taken, the results of which are stated above. Ms. Thompson: The ordinance has been adopted as emergency measure, 5/0. Chairman Teele: All right. Thank you very much. Madam Manager -- Madam Attorney, don't leave. Madam Manager, I've spoken to the Public Works Director and Capital Improvement Director, and I would hope that soon we could bring forth an ordinance that provides for a clear standard as to what our streets are going to be, sidewalks and all of that, and I know they're working through that but a lot of issuing are beginning to be raised, and I think, in the spirit of the bond issue that we're doing and the ones that we may be doing in the future, we really ought to fry to adopt a uniform minimum standard, and I think the Capital Improvement people are in agreement with us on that. The other thing is -- and no reflection on the Attorney -- but still have never understood why these things have to be adopted as emergency ordinances, the last two. It's just no reason for it. Anytime you're dealing with free speech, you should take your City ofMiami Page 104 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 time, in my opinion, and do it with two ordinances. I think the entire time I was at the County, we did about four emergency ordinances in the entire five or six years I was there. Most of them related to Hurricane Andrew, so I just think we ought to get out of the spirit of doing emergency ordinances for things that -- because it addresses an emergency is no reason that it should be treated as an emergency ordinance; that way you invite the ACLU (American Civil Liberties Union) and other people to come in and comment, and criticize, and complain, and do what they're charged to do, but I compliment the Attorney's office in bringing them forward, so thank you very much. Thank you. City ofMiami Page 105 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 RESOLUTIONS RE.1 04-00482 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) , AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THE AGREEMENT WITH SARMIENTO ADVERTISING GROUP, L.L.C. ("SARMIENTO") FOR BUS BENCH DESIGN, INSTALLATION AND MAINTENANCE TO REDUCE, FOR A PERIOD OF ONE YEAR, THE AMOUNT OF THE REQUIRED PERFORMANCE AND PAYMENT BONDS TO A TOTAL OF $50,000 AND THEREAFTER TO PERMANENTLY REDUCE THE TOTAL AMOUNT OF THE PERFORMANCE AND PAYMENT BONDS TO $250,000 CONDITIONED UPON SARMIENTO AGREEING TO MAINTAIN, AS AN EMERGENCY, THE EXISTING BUS SHELTERS IN THE CITY RIGHTS -OF -WAY AS PER THE ATTACHED PROPOSAL, PROVIDED THAT IF ANY SHELTER IS USED FOR ADVERTISING THE CITY SHALL NOT PAY TO MAINTAIN THE SHELTER AND SARMIENTO SHALL PAY THE CITY AT THE RATE LAST PAID BY THE PREVIOUS BUS SHELTER CONTRACTOR. 04-00482-cover memo.pdf 04-00482-exhibit-letter.pdf 04-00482 - revised attachment.pdf DEFERRED A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Winton absent, to DEFER item RE.1. Note: Minutes relating to Item RE.1 can be located under "Order of Day." RE.2 04-00619 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY KIM D. LEE, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $375,000 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 KIM D. LEE V. CITY OF MIAMI & LOUIS FERRARO, IN THE UNITED STATES DISTRICT COURT, CASE NO. 98-2814-CIV-HIGHSMITH, UPON EXECUTING A GENERAL RELEASE OF 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. 04-00619-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 R-04-0381 Chairman Teele: All right. We have certain emergency ordinances -- let's see -- those are all relating to budget items, so we have RE. 2, as a -- City authorizing the Finance Director to pay City ofMiami Page 106 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 an individual, without admission of liability, based upon claims and demands relating to the City ofMiami versus Lee versus Ferraro. Is there a motion to approve the item? Vice Chairman Sanchez: So move. Chairman Teele: Is there a second? Commissioner Gonzalez: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. Item RE.2 is adopted. RE.3 04-00501 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE CITY MANAGER TO ACCEPT FROM THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION ("FDOT"), THE CONVEYANCE OF THE FOLLOWING TWO PARCELS OF LAND FOR PUBLIC PURPOSE USE SUBJECT TO COMPLETION OF DUE DILIGENCE BY THE CITY OF MIAMI ("CITY") INCLUDING, BUT NOT LIMITED TO, REVIEW OF THE SURVEYS, APPRAISALS, ENVIRONMENTAL REPORTS, TITLE WORK AND INSURANCE: (A) PARCEL 1 CONTAINING APPROXIMATELY 1.7 ACRES OF LAND LOCATED AT APPROXIMATELY NORTHWEST 20TH STREET, ADJACENT TO INTERSTATE HIGHWAY NO . 95, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $16,000, FROM THE CAPITAL IMPROVEMENT PROJECTS ("CIP"), POLICE TRAINING FACILITY FUNDING PROJECT ACCOUNT NO. 312043.509307.270, APPROPRIATED FROM THE $255 MILLION HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND, FOR THE COST OF DUE DILIGENCE AND CLOSING EXPENSES; AND (B) PARCEL 2 CONTAINING APPROXIMATELY 2.31 ACRES OF LAND LOCATED BETWEEN NORTHWEST 15TH STREET AND 17TH STREET, ALONG NORTHWEST 6TH PLACE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT B," ATTACHED AND INCORPORATED; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $22,000, FROM CIP, WAGNER CREEK RENOVATIONS - PHASE IV, PROJECT ACCOUNT NO. 352259.509301.270, FOR THE COST OF DUE DILIGENCE AND CLOSING EXPENSES. 04-00501-cover memo.pdf 04-00501-budgetary impact.pdf 04-00501-exhibits.pdf DEFERRED A motion was made by Commissioner Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, to DEFER item RE.3 to the Commission meeting currently scheduled for July 8, 2004; further authorizing the City Manager to sever the two issues, (1) police training facility and (2) Wagner Creek; further directing the Manager to bring back a complete package including the funding allocation and all plans for the police training facility; further requesting the Manager to bring back proposed plans for Camillus House and a complete proposed plan for Wagner Creek, including environmental concerns which affectAllalpattah. City ofMiami Page 107 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Chairman Teele: RE.3. Keith Carswell: Keith Carswell, Director for the Department of Economic Development. This is accepting the conveyance of some FDOT (Florida Department of Transportation) surplus property. Chairman Teele: Let me do this. Where is the Sergeant -at -arms? Do you have your handcuffs with you? Unidentified Speaker: Yes, sir. Chairman Teele: Would you see where Commissioner Winton is, please? Officer Frank Pichel (Sergeant -at -arms): Yes, sir. Chairman Teele: All right. RE.3. Hr. Carswell: Again, Keith Carswell, Director for the Department of Economic Development. This is acceptance of conveyance of some surplus FDOT property; two parcels, actually. One parcel consisting of 1.7 acres, and then another parcel consisting of 2.3 acres. Chairman Teele: All right. Commissioner Regalado: Is this -- I've got a question. I've got a question. Is this the Camillus House property? Commissioner Gonzalez: Yes, it is, and I asked -- Commissioner Regalado: This is the Camillus House property? Commissioner Gonzalez: Andl asked this item to be deferred. Chairman Teele: Is there a motion? Commissioner Gonzalez: I move to defer this item. Vice Chairman Sanchez: (UNINTELLIGIBLE). Chairman Teele: Is there a second to defer? Commissioner Regalado: But thought that for the Camillus House site, we need four votes to decide. Vice Chairman Sanchez: This -- Chairman Teele: This is not the Camillus House. Commissioner Regalado: Yes, it is. Chairman Teele: This is environmental. Would you second the motion to defer, and then we can get -- Commissioner Regalado: I'll second. City ofMiami Page 108 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Chairman Teele: Now, let's discuss it, so we know what we're talking about. The motion is now a motion to defer the item, moved and second. Anybody can discuss anything you want now. Commissioner Sanchez -- Vice Chairman Sanchez, did you have a discussion on this? Vice Chairman Sanchez: No discussion. Chairman Teele: Mr. Manager, would you like to clarify what's going on, or Mr. Carswell? Mr. Carswell, is this your item? Mr. Carswell, is this your item? Mr. Carswell: Yes. We're actually facilitating -- yes. Chairman Teele: All right. You want to -- Mr. Carswell: And we're asking that this item be deferred at this time. Chairman Teele: Better part of valor. All right. We have a motion and a -- How long did you want to defer it, 'til the July 8th? Joe Arriola (City Manager): That'll be fine. Chairman Teele: All right. Defer to July 8th. Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed, say "no." The item is deferred. Just as a matter of clarification. This is not -- has nothing to do -- this item, as stated, has nothing to do directly with the Camillus House. Mr. Arriola: Nothing. Chairman Teele: It very well could be the venue that has been discussed and proposed. Mr. Arriola: No. Chairman Teele: What this was doing, as I understood it, was authorizing the environmental to be done, and to accept, from the State of Florida, the property. Is that a fair statement? Mr. Arriola: Yes, sir. Chairman Teele: But, again --I mean, I'm not going to -- Arriola: This has never been discussed, this piece of land, for Camillus House. I want to make it very clear. This will be the piece of land that we have discussed for the possible site of the police training facility. Commissioner Gonzalez: OK That is -- Arriola: And then there's another parcel of land in here that we needed for the dredging of Wagner Creek in here, but we're going to defer both until July 8th, sir. Chairman Teele: Yeah, but, Mr. Manager, I respect what you're saying, but this is a part of the proposed Camillus site -- of their proposed Camillus site location in the general vicinity, or a part of the land mass that would be there, because I thought we already agreed -- or we, at least, in principle said we would like to collocate the police training center with the Camillus House. City ofMiami Page 109 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Mr. Arriola: Yes, sir. Chairman Teele: And this is the police training center. Mr. Arriola: Yes, sir. This is just the police training center piece. Chairman Teele: Well, it's real close. The Commissioner's got it under a microscope, and I'm not going to get in the middle of that. Commissioner Regalado: Does it have to do with this -- you say that this doesn't have to do with the Camillus House. I was told that the sale of the arena didn't have anything to do with the Marlins stadium. Chairman Teele: Now, it depends on -- Commissioner Regalado: Who -- Chairman Teele: -- your perspective. Commissioner Regalado: Yeah, right. Chairman Teele: All right. On the motion to defer, with authorization for the Manager to sever the two issues: one from the -- one relating to the police station, and the other related to Wagner Creek. Commissioner Gonzalez: OK Vice Chairman Sanchez: (INAUDIBLE) motion? Chairman Teele: On the deferral? Commissioner Gonzalez: Discussion on the deferral. Chairman Teele: Yes. Commissioner Gonzalez: So the administration knows exactly what my concerns are. My concerns are to, one, this is going to be, as you say, a possible, and it's not been -- and you're not being definite in the answer -- possible site for the police training center. Well, as far as I'm concerned -- and, again, I'm only one vote in this Commission. As far as I'm concerned, if there is not a component of the police training center in this site, it would be a vote against any other project going into that property, and you know what project I'm talking about. Mr. Arriola: Absolutely. Commissioner Gonzalez: So it has to be -- you know, what would like to see is a complete package. I don't like to -- Arriola: Absolutely. Commissioner Gonzalez: -- bring -- I don't like you to bring it to me in pieces, you know, a piece now, a piece later, a piece later on. Just bring me a complete package. The $10, 000, 000 for the training facility is under the -- Mr. Arriola: Yeah. City ofMiami Page 110 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Commissioner Gonzalez: -- 255, 000, 000 bond, which was approved, and I think the $10, 000, 000 were approved on the first issue, so what I would like to see is a definite -- not a possible -- but a definite commitment with the funding allocation and everything for the training facility, and then we talk about the other possibility, which the other is also a possibility. As I -- and I want to make it clear now that -- since we cannot talk to each other -- Commissioner Teele, since we cannot talk to each other because of the sunshine law, I have had meetings with Camillus House people and the City administration. They have presented a plan to me, which I have discussed with the management, butt would like, Mr. Manager, that the plan be also presented to the rest of the Commission so they can take a look at it, and they can also have an opinion and, especially, Commissioner Teele, who is going to be affected for this possible operation. He is going to be affected as much as I am because we share -- Mr. Arriola: Yeah, the boundaries. Commissioner Gonzalez: -- the disfrict. He's on one side of the street, and I'm on the other side of the street, and we're both going to be affected by this possible -- let me reemphasize `possible ' -- operation going in there, butt won't be voting on anything -- Mr. Arriola: Yeah. Commissioner Gonzalez: -- unless it's a full, complete, comprehensive plan that includes the Miami Police Training Facility -- Mr. Arriola: Yeah. Commissioner Gonzalez: -- with funding and everything, and the other operation that we -- Commissioner Winton: Here, here. Commissioner Gonzalez: -- are talking about, OK. It has to be a complete package. Commissioner Winton: I think that's smart, too, by the way. Commissioner Gonzalez: Because, you know, later on -- Mr. Arriola: Yeah. Commissioner Gonzalez: -- when we change our mind, now we think that that police training may be better off in Miami Beach, or in Key Biscayne or, you know, and then I end up with the you know what, so that is my point. Also, we're talking about using this land in my disfrict and in your district -- Chairman Teele: Commissioner. Commissioner Gonzalez: -- to dump -- Chairman Teele: Commissioner. Commissioner Gonzalez: -- to dump the residues from these canals. I mean, what else are you planning on doing to us? I mean -- Chairman Teele: Commissioner, I am 100 percent with you, but let's be clear on the facts. This is not in your disfrict. City ofMiami Page 111 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Commissioner Gonzalez: OK, your disfrict. Chairman Teele: And you have said it so long that even the Miami Herald is saying it's in your district. Commissioner Gonzalez: All right. Let's say in your disfrict. I'm going to defend your district now. Chairman Teele: But the fact of the matter is, it is -- Commissioner Gonzalez: OK, let's put it this way. Chairman Teele: -- it's separated only by a stripe down the highway. Commissioner Gonzalez: Let's put it this way: They're going to dump it in your district, but people walking on my sidewalk are going to be smelling it, OK? So let's put it that way. Those are my two points, OK. Mr. Arriola: Well -taken. Commissioner Gonzalez: And the dumping in that site, I want to know what kind of dumping; what's the contamination; what's the -- you know, what effect it's going to have in my disfrict; how long is that going to be; how long is it going to take to clean it up, you know? I mean, it's not -- remember, Allapattah is not the -- is no longer the dumping site of the City ofMiami. It used to be for many years, but not anymore. Thank you. Chairman Teele: Thank you very much. Mr. Arriola: Fair enough. Chairman Teele: And I agree with your sentiments. On the motion to defer, with authority for the Manager to sever the Wagner Creek issue from the police issue, we have a motion and a second. All those in favor, signify by the sign of "aye." The Commission (Collectively): Aye. Chairman Teele: Those opposed? RE.4 04-00545 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY APPROVING AN INCREASE IN THE PURCHASE ORDER WITH COHABI GROUP, INC., FOR THE PROJECT ENTITLED "OVERTOWN SHOPPING CENTER -GREASE TRAP, B-3279," IN AN AMOUNT NOT TO EXCEED $35, 000, INCREASING THE PURCHASE ORDER FROM $21,840 TO $56,840, FOR ADDITIONAL WORK REQUIRED; ALLOCATING FUNDS FOR SAID INCREASE FROM CAPITAL IMPROVEMENT PROJECT NO. 311062; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. City ofMiami Page 112 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 04-00545-cover memo.pdf 04-00545-budgetary impact.pdf 04-00545-purchase orders.pdf 04-00545-pre memo 1.pdf 04-00545-pre memo 2.pdf 04-00545-pre legislation.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0386 Chairman Teele: What other item, Madam Director? We have the committees of the Commission, and we have the -- Linda Haskins (Deputy City Manager/Chief Financial Officer): RE.4. Commissioner Regalado: Can we do the committees? Chairman Teele: OK, real quickly, RE.4 is the Overtown Grease Trap. Why is that back? I thought we did it. Ms. Haskins: You did it when I was Budget Director once or twice. Chairman Teele: Is there a motion to approve -- who's the Overtown -- Commissioner Gonzalez: So move. Commissioner Winton: What are we approving? Chairman Teele: Overtown Grease Trap. We -- Commissioner Gonzalez: Move RE.4. Chairman Teele: Motion by Commissioner Gonzalez. Second by -- Commissioner Regalado: Second. Commissioner Winton: Me, Johnny. Chairman Teele: -- Commissioner Winton. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? City ofMiami Page 113 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 BOARDS AND COMMITTEES BC.1 04-00311 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING MEMBERS OF THE MIAMI CITY COMMISSION AS CHAIRPERSONS, VICE -CHAIRPERSONS AND/OR MEMBERS ON VARIOUS TRUSTS, AUTHORITIES, BOARDS, COMMITTEES AND AGENCIES FOR TERMS AS DESIGNATED HEREIN. Joe Sanchez as Chairperson of the Bayfront Park Management Trust Johnny L. Winton as Chairperson of the Downtown Development Authority Angel Gonzalez as Chairperson of the Orange Bowl Advisory Board Arthur E. Teele, Jr. as Chairperson of the OMNI Community Redevelopment Agency Johnny L. Winton as Vice Chairperson of the OMNI Community Redevelopment Agency Arthur E. Teele, Jr. as Chairperson of the Southeast Overtown/Park West Community Redevelopment Agency Johnny L. Winton as Vice Chairperson of the Southeast Overtown/ Park West Community Redevelopment Agency Tomas Regalado as Vice Chairperson of the Miami Sports and Exhibition Authority Angel Gonzalez as a member of the Commercial Solid Waste Management Advisory Committee Tomas Regalado as a member of the Dade County Visitors Industry Voluntary Education Service Training Trust Joe Sanchez as a member of the Dade League of Cities Arthur E. Teele, Jr. as a member of the Enterprise Zone Advisory Council Joe Sanchez as a member of the Florida League of Cities Manuel A. Diaz, Mayor as a member of the Greater Miami Convention and Visitors Bureau City ofAliami Page 114 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Joe Sanchez as a member of the Metro Dade Community Action Board Manuel A. Diaz, Mayor as a member of the Metropolitan Planning Organization (MPO) Joe Sanchez as a member of the Miami River Commission Angel Gonzalez as a member of the South Florida Employment and Training Consortium Angel Gonzalez as a member of the Tourism Development Council Tomas Regalado as an ex-officio, nonvoting member of the Little Havana Festival Committee Joe Sanchez as an ex-officio, nonvoting member of the Miami -Dade HIV /AIDS Partnership Johnny L. Winton as Chairperson of the Coconut Grove Special Events and Marketing Committee 04-00311-memo-1.doc 04-00311-members-2.doc Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0387 Direction to the City Attorney by Chairman Teele to provide a written opinion and memorandum, prior to leaving employment by the City, regarding the Community Redevelopment Agency (CRA) based upon actions taken by Chairman Teele before the Oversight Board that set aside the ordinances relating to the CRA; further directing the City Attorney to meet with each of the members of the CRA (as City Commissioners) relating to the ordinance that governs the operations and the organizational structure of the CRA. Chairman Teele: The only item left is the committees and the pocket items. Commissioner Regalado: Can we do the committees now? Chairman Teele: Yes. Commissioner Winton: No, I've got to go. Commissioner Regalado: You've got to go. Commissioner Winton: I've got to go. Commissioner Regalado: Just do the committees. Commissioner Winton: All right. Fast. City ofMiami Page 115 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Commissioner Regalado: OK. Mr. Chairman, Bayfront Park Management Trust, I'll move that Commissioner Joe Sanchez be appointed -- Chairman Teele: Why don't you do it based on changes? That's the easiest way to do it. Commissioner Regalado: I don't see any changes here. Vice Chairman Sanchez: I mean, does anybody want to take over Bayfront Park? I don't want it Chairman Teele: Well, I'm going to say this so that -- because I think that this is important. This is your last meeting, but I think it's -- Alejandro Vilarello (City Attorney): The 24th will be -- Chairman Teele: -- on notice. I'm asking the City Attorney to provide a written opinion and memorandum regarding the CRA (Community Redevelopment Agency), based upon the actions that were taken by me before the Oversight Board that set aside the ordinances relating to the CRA, and I think it's really important that they be clarified before you leave because those ordinances currently are no longer in effect, as set aside by the Oversight Board, so you need to meet with each of the members of the CRA, not as CRA Board members, but as City Commissioners, relating to the ordinance that governs the operations and the organizational structure of the CRA, all right? Just so that's very clear, and we need to get this cleaned up and decide which way we want to do it on the organization of the CRA. This would be a good time to also inculcate any of the recommendations of Commissioner Sanchez, which I'm very much prepared to move toward at this time. Mr. Vilarello: Bring it back -- Commissioner Regalado: So -- Mr. Vilarello: -- any recommendations -- Chairman Teele: For the next meeting. For the next meeting. Vice Chairman Sanchez: And -- yes. Commissioner Regalado: So, Mr. Chairman, I move to reappoint same Commissioners in their respective boards, committees, and trusts, authorities and agencies of the City ofMiami. Commissioner Gonzalez: Second. Chairman Teele: Is there objection? Vice Chairman Sanchez: Just based on (inaudible). Commissioner Gonzalez: It's reappointment. Vice Chairman Sanchez: (Inaudible). Commissioner Regalado: No. Chairman Teele: That's what he's saying. He's moving -- Commissioner Regalado: I'm moving the whole -- City ofMiami Page 116 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Chairman Teele: -- a slate, as -is. Anybody want to make a change? Commissioner Gonzalez: No. Second. Chairman Teele: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. City ofMiami Page 117 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 DISCUSSION ITEMS DI.1 04-00594 DISCUSSION ITEM DISCUSSION CONCERNING A STATUS REPORT OF BUS BENCHES, BUS SHELTERS AND ALL RELATED MATTERS. 04-00594-cover memo.pdf DEFERRED A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Winton absent, to DEFER item DI.1. Note: Minutes relating to Item DI. I can be located under "Order of Day." DI.2 04-00429 DISCUSSION ITEM A DISCUSSION CONCERNING A FINANCIAL UPDATE AND A BUDGET OUTLOOK. 04-00429- cover memo.pdf DISCUSSED Direction to the City Attorney and the City Manager by Chairman Teele to meet with the Chief of Police and the Chief of Fire Departments to review and explain the provisions of the Anti - Deficiency Ordinance; further directing the City Attorney to come back at the next Commission meeting to report on the meeting with the Fire and Police Chiefs. Direction to the City Manager by Commissioner Gonzalez to provide a report covering the following: 1. How much overtime has been recorded this fiscal year for each City department; 2. Rental cars for Police and Fire Departments listing models and cost; 3. The operational hours of the Police Internal Affairs Unit. Direction to the City Manager by Vice Chairman Sanchez to provide him with a copy of the City's expenditures and the City's revenues. Direction to the City Manager by Chairman Teele to meet with each member of the Commission for their input on the Quality of Life Task Force and to schedule an emergency ordinance at the next meeting instituting what the Commission wishes related to said task force, particularly its code enforcement effort. Chairman Teele: We have two other items. The Budget Director, are you going to give us a financial update? Is the coast clear? Is everybody gone now? Commissioner Regalado: There's no reporters. Nobody's watching, so you can say -- Chairman Teele: No reporters -- Commissioner Regalado: -- that the City is in trouble. Larry Spring (Chief Strategic Planning, Budgeting & Performance): That's for the next meeting . Actually, the most recently published financial report is actually as of March 2004. I think, as I've stated actually already on the record, that as of that date, we're forecasting the City will City ofMiami Page 118 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 probably exceed its appropriated expense budget, particularly as it relates to personnel costs, as a lot of that is attributable to the FTAA (Free Trade Area of the Americas), overtime, and the overtime caused by the large number of vacancies in the Police and Fire Department. The action that you took earlier today actually, the mid year appropriation has significantly helped us reduce that issue. However, in my write-up, I am recommending that we continue to focus a lot of attention on those personnel -related costs, because I do have some concerns about our structure and -- as we move forward and into the next fiscal year. Chairman Teele: What are you just saying? Are you saying that the current year that we're in, seriously -- Mr. Spring: Seriously. Chairman Teele: You're saying that for the current year we're in, what? Mr. Spring: For the current -- Commissioner Regalado: That we have a deficit. Mr. Spring: For the current year we're in, I had fore -- as of this date, I had forecasted a deficit . That deficit was related to the FTAA overtime, which we had not yet been reimbursed for; the overtime and personnel costs related to vacancies in Police and Fire, and the 3,700,000 pension contribution that -- for COLAs (Cost of Living Allowances) that we needed to make. Today, you took action on all of those issues, with the mid -year, and thus, we are in a better position. However, I'm just recommending that we continue to monitor those items, particularly personnel, as we move forward. Commissioner Regalado: Is the City spending more than we are receiving as revenues? Mr. Spring: Actually, as I work on my outlook for 2005, yes. It's my opinion that we are structurally out of whack, and we are spending more than we are receiving in revenue. Chairman Teele: Mr. Budget Director, in all seriousness, I don't think a statement like "We are structurally out of whack" is the way we want this report to come to us, really. Now, if you're telling us now that we are, for the current year, going into a deficit, or perhaps bordering around a deficit, will you identify the departments by name that are having the deficit -- the problem, please? Mr. Spring: I guess I feel like I just did. Chairman Teele: I heard you say Police -- Mr. Spring: And Fire. Commissioner Regalado: Police -- he said Police. Mr. Spring: I said Police and Fire. Chairman Teele: Those are the only two departments? Mr. Spring: Yes. Commissioner Regalado: How about Parks? Mr. Spring: Parks has -- had a deficit issue, but through garnering our salary savings in use of City ofMiami Page 119 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 special revenue grants and things of that nature, we feel that we'll be able to make it through the rest of the fiscal year. Chairman Teele: Have you read the anti -deficiency ordinance? Mr. Spring: Yes, I have, sir. Chairman Teele: Are you suggesting that there may be an anti -deficiency issue being triggered? Mr. Spring: Not at this time, butt would have to officially report -- but like I said, I'm just being prudent that we continue to monitor the situation, and when that time does come, I will do my official reporting as required by the ordinance. Commissioner Regalado: When is the next payment for pension and how much is it? Mr. Spring: The next official payment will be actually October 1, 2004, first day of the fiscal year, and it's approximately -- about $69, 000, 000. Commissioner Regalado: 69 -- Vice Chairman Sanchez: Million. Mr. Spring: Million. Vice Chairman Sanchez: 69 melons. Commissioner Regalado: 69, 000, 000. Mr. Spring: $69, 000, 000. Commissioner Regalado: In October? Mr. Spring: October 1st. Chairman Teele: So, technically, that payment will not be in this fiscal year? Mr. Spring: Absolutely not. Chairman Teele: So, technically, that could not trigger an anti -deficiency -- Mr. Spring: No, it would not. Chairman Teele: -- notification this year? Mr. Spring: No, no, no. Chairman Teele: But you are serving us notice that the Police Department and the Fire Department and not Parks, just those two departments are in a position where a deficiency could be noted? Mr. Spring: Could be. Again, I will reiterate, the action taken in the mid year helps that situation, with the FTAA. Chairman Teele: Have you notified and met with the Police Chief personally and the Fire Chief personally, and with the lawyer, and to go over the anti -deficiency for them? City ofMiami Page 120 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Mr. Spring: We've not met to go over the anti -deficiency. However, myself and the Manager have met with Police and Fire and have worked out a plan that we feel will get us through the year within budget, and they've complied with that. Chairman Teele: Well, the purpose of the anti -deficiency is to put the accountability on the department heads, and so I'm going to request of the City Manager -- the City Attorney that you meet with the management -- whoever the Manager directs, with those two department heads, to go over the anti -deficiency ordinance so that it's very clear that it's on those, as I read the ordinance or as I wrote the ordinance. That was the intent. Joe Arriola (City Manager): I understand, sir. Chairman Teele: I don't want the Police Chief that's, you know, not aware of it, coming in saying, nobody told them. Mr. Spring: No, absolutely. I have no problem doing that, and actually, in the consult -- meetings that we had, they're very aware of it and concerned about it, and we're monitoring it as an administration, as we're supposed to. Chairman Teele: Well, I know the Vice Chairman's going to say something here, but let me just say this. The purpose of the anti -deficiency was and is is to put accountability on Department Directors, as well as the Manager, who's ultimately responsible, but to put some of that direct responsibility for ensuring that they don't go over their budget on the department heads. That's one of the purposes of the anti -deficiency, and so it's very important, Mr. Attorney, that you come back here in the next meeting and give us a report of your meetings with them regarding the anti - deficiency and the overall budget, please. Alejandro Vilarello (City Attorney): All right. And ifyou recall, also the -- puts the burden on staff department heads and the Manager to get that information to the City Commission. Chairman Teele: Right. Mr. Vilarello: On a timely basis. Chairman Teele: He's done his job. The Manager's doing his job. At least, he's alerting us. He's not -- the ordinance requires that you provide us a written notification, as I recall, to each of the Commissioners and the Clerk, of an anti -deficiency once it has occurred, and an anti deficiency is just when there's no way to avoid it. In other words, everybody's got notice now, start frying to avoid it, but if there's no way to avoid it, it's going to happen, then we need to be on notice so we can fry to take some other actions. Mr. Spring: Absolutely, absolutely. Chairman Teele: Vice Chairman. Vice Chairman Sanchez: Thank you, Mr. Chairman. This is an overall picture. You're talking about $68, 000, 000 -- Mr. Spring: For next year. Vice Chairman Sanchez: -- for next year, so I see this as a warning before the storm. This is the warning before the storm, and I think that we need to be very careful because -- I mean, if you're talking about dipping into our reserves for whatever amount it may be, you know, there's a lot of things that could go wrong. I mean, we need to project into the future -- always thinking City ofMiami Page 121 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 about the future, and you're talking about maybe a hurricane, another Andrew, talking about another dip in the market. I mean, a couple of things that could happen that could toss this City -- and it will be a whole six -years -ago type a deal, where we might be a situation where this time we may not be able to get out, so I'm very concerned with that, especially with statements you've made here today on these $68, 000, 000, and of course, you don't know what's going to happen next year. Next year could be another $68, 000, 000 or more, so I'm very concerned with that. Mr. Spring: Myself, the Manager and our entire executive management team are con -- have the same concern. That concern and that information has been shared with each of the Commissioners in detail and with Department Directors. As you know, their budgets are -- their budget requests are due to me tomorrow, so we can start that official, you know, balancing act process. We will prepare a draft budget, you know, full picture with -- making strategic decisions, and you know, have the workshops and all that information, provide it to the Commission in the next probably about 45 days or the next 45 days. Chairman Teele: Commissioner Gonzalez. Commissioner Gonzalez: Mr. Spring, I know that the FTAA cost a lot of overtime, butt would like to know, aside from the FTAA, which supposedly we're going to be reimbursed by the federal government, supposedly and hopefully, aside from the FTAA, I would like to know how much overtime have we put into the Police Department and into the Fire Department. Another serious problem that I have seen -- and I asked for -- and I've been asking for all of this information -- is, I have serious concerns with the rental cars that are being used by the Police Department. I've seen that, according to the information that I was provided, that we are paying almost $800 rental fees on some of the cars that they are using, and I have a serious problem because let me tell you, I just went to Braman Cadillac last week to look at cars, and I can get a Cadillac CTS for $325 a month, just one car. When we're talking about contracting for a whole fleet, I'm sure that Braman Cadillac or anybody else, as a matter of fact, could give us a much better rate. I hear -- and this is not confirmed, and I'm going to keep asking about it -- I hear that we're renting BMWs (Bavarian Motor Works) and, you know, these type offancy cars for police operations. I don't see why we need to rent these type offancy cars. Another problem, I asked for the -- for information in reference to a particular department, and I'm going to ask about other departments, but I -- you know, just one particular department, after I was informed that we were going to be in a critical financial situation. I started looking at that, what the problems could be, and looking at the Internal Affairs Department or section of the Police Department, I see a list of -- I see, you know, pyramid, that it starts with the Mayor, a commander, two lieutenants, six sergeants, 14 officers, you know. I'm not a policeman. I'm not -- I don't have any experience as a policeman, but let me tell you, with that amount of personnel, I can keep my district out of crime. I also -- I would also like to know what the operation hours are for Internal Affairs Unit, because if they can avoid doing what they're doing now, they're doing their investigation or their interrogation at night on overtime, if we do that during the day, we'll be saving some money. The extended shifts in the Fire Department is another problem that really concern me. How much overtime are we putting on the Fire Department? How much money are we spending in overtime? We've got to look at ways to avoid this overtime, because that is going to kill us. It's been killing us and it's going to murder us at the end of the road, so we have to look at different options. Cars is, you know, a must that we have to look at. Overtime is another, and the structure of each of these units, you know, it would be perfect and beautiful to have three majors, and two captains, and four lieutenants, and 20 sergeants but, you know, we have to start trimming down and look for efficiency in our departments, and I also like to know -- you know, because we're singling out the Police Department and the Fire Department as the problem of the financial situation. I would also like to know the numbers for the regular employees, you know, for the civilian employees of the City ofMiami; Solid Waste and, you know, all the departments in the City ofMiami, and then we're going to have to start taking measurements in each department, but this has to be controlled;; otherwise, you know, next year we're going to be in the City ofMiami Page 122 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 same situation that we were six years ago. Vice Chairman Sanchez: Director, I just have one. Could you provide us -- have you done a comparison, reference revenue versus expenditures as to how much money's coming in and how much money's going out? Hr. Spring: Yeah. You mean for the upcoming fiscal year? Vice Chairman Sanchez: Yes. Hr. Spring: Yes, I have. Vice Chairman Sanchez: Do you have those numbers? Hr. Spring: Actually, I have that, but I can speak to it right now. Vice Chairman Sanchez: If you don't have them -- I just need to see them. I mean -- Hr. Spring: OK. I can provide you with a copy of it. In general, I don't know the specific bottom line number, but I can tell you, the growth that we're projecting from 2004 to 2005 in revenue overall is growing about 4.38 percent. Our corresponding expenses -- recurring expenses are growing at about 11 percent from 2004 to 2005, so all the issues you brought up about looking at overtime, not only in Police and Fire, but all the other departments. These are issues that we are addressing -- Vice Chairman Sanchez: So, based on a percentage factor, you're bringing in 4 percent or close to 4.5 -- 5 percent in your expenditures, 11 percent? Hr. Spring: Our increase in revenue from this fiscal year to the next fiscal year is 4.38 percent. our increase in expenses from 2004 to 2005 is 11 percent, so there's a 7 percent approximately deficit there that we need to work out. Chairman Teele: Hard to figure that math. Vice Chairman Sanchez: Yeah. Commissioner Regalado: Hey, that credit -- Chairman Teele: All right. Commissioner Regalado: -- card philosophy, but just one question. Do you also understand -- and I know that you're aware -- that the law of probability says that the double Homestead Exemption, if it gets on the ballot, probably it will pass and it will kick in in 2005. That's a $9, 000,000 hit, and that will be budgeted -- is it on the year 2005/2006? Hr. Spring: If they make it before -- I think it's -- Commissioner Regalado: They make it on January. Hr. Spring: Yeah, before January 1st, it will effect the current years. Commissioner Regalado: The current year. Hr. Spring: The 2005 -- City ofMiami Page 123 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Commissioner Regalado: The 2005. Mr. Spring: -- fiscal year. Commissioner Regalado: So it doesn't -- but I don't -- probably, I don't think so. I think it will probably be in February -- Mr. Spring: So 2006. Commissioner Regalado: -- of 2005, so -- but the question is, so with all that in mind, the pension and the run -away spending, the City ofMiami may be in trouble if we don't take strong measures. Mr. Spring: I would agree with that, sir. The time, I think, from a fiscal standpoint -- and you know, that's generally my focus -- we have to make some serious decisions on how we deliver service, how we deliver City service. This Commission has already acted in making sure that the Solid Waste fee does notgo up. It has made a commitment that millage rate does notgo up and actually go down; Fire fee, so with that action, this Commission has told me what needs to be done, and we're going to make steps in those directions. Commissioner Gonzalez: Commissioner Regalado, would you yield? Commissioner Regalado: Yeah, sure. Commissioner Gonzalez: Something else just came to my mind that I knew that I was forgetting something. As you all know, I'm the Chairman of the Quality of Life Task Force. Commissioner Regalado: I thought you resigned. Commissioner Gonzalez: From my arrival from Spain, I found out that -- and I'm glad that Chief Fernandez is here -- I found out that my unit was -- that all overtime was suspended to my unit. Nobody had the respect or the consideration of waiting for me to arrive to make that type of decision, and this is practically disassembled the unit without talking to me, but that's the way some things happen in this City, and I have no problem with that. They discontinued the overtime for that unit. Fine, no problem, butt want to know if we are discontinuing overtime for the rest of the Police Department -- Mr. Spring: I'll have them address that. Commissioner Gonzalez: Because I was told that there would be no more overtime. That's what I was told by the Manager, no more overtime, and I want to know from you, who is the Budget Director -- because you need to respond to me as the Budget Director, OK -- they don't have to respond to me as bad as financing. You have to respond to me about financing. Are we suspending all overtime for the Police Department -- Mr. Spring: What we've done -- Commissioner Gonzalez: -- or just for my unit? Mr. Spring: I don't -- I can't speak to it being specifically for that unit. I don't believe it is. What we've done, in dealing with the spending issue for this fiscal year, like I said, we've gone to the -- Commissioner Regalado: Faith, ask the Chief. He's here. City ofMiami Page 124 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Mr. Spring: Yeah, the Chief. We've gone to the Police Chief and the Fire Chief and ask that they help us deal with this budget issue. Commissioner Regalado: What do you mean, help us? Mr. Spring: Well, we have to deal with the issue -- Commissioner Regalado: Give us a break? Mr. Spring: Well, not give us a break, but, you know, we're a team. Work together in making our budget and make operational decisions, so I'd have to get the Chief to answer that question for you. Commissioner Regalado: But what is help? I don't understand. Mr. Spring: Help is, ifI forecasted -- Commissioner Regalado: You're responsible for the budget. Mr. Spring: I am, and -- Commissioner Regalado: You've got to tell them the way to do it. Mr. Spring: Well, I give them the information. I go and I do a financial forecast and I say, based on this spending, it looks -- it would appear to me that you're going to go over in this area and that area, and then I report back to them and tell them. Commissioner Gonzalez: So, actually, you tell them, based on this information -- Mr. Spring: Right. Commissioner Gonzalez: -- we're going to have financial problems and you need to cut overtime, and they are the ones who decide who they're going to cut the overtime on, is that the way it is? Mr. Spring: It's a simple -- Commissioner Gonzalez: I mean, just -- you know, just lay the cards on the table. Commissioner Regalado: That's the way it is. Commissioner Gonzalez: Let's lay the cards on the table. Commissioner Regalado: Angel, that's the way it is. Commissioner Gonzalez: Let's not start kidding each other. Let's -- we're talking serious business here now. Mr. Spring: Absolutely, sir. Commissioner Gonzalez: We're talking serious business. Mr. Spring: Absolutely. Commissioner Gonzalez: You tell them that we're facing critical financial situations; that they City ofMiami Page 125 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 need to make adjustments, and they are the ones that make the decision to make the adjustments on the group that I'm working with. Mr. Spring: Yes. Commissioner Gonzalez: That's it? Mr. Spring: That's it. Commissioner Gonzalez: Thank you very much. It's very simple. Chairman Teele: All right. Gentlemen, look, this is going to be very frustrating. We need to all stay, I think, calm about this. I think we have -- the good news is we have enough time to work with the management and the various departments to avoid it. That's the really good news. Usually, in the past, we got it six months after the end of the fiscal. Oh, by the way, last year, dah, dah, dah, dah, dah, so -- I mean, we're making great steps. I think we need to be positively engaged, butl also think -- and I'm glad the Chief is here, because the Chief may be not familiar with the City's anti -deficiency ordinance -- but think we've asked the City Attorney to work with the management to make you personally aware of it. It's not something that's designed to sneak anybody, but to just let every department head know that ultimately, if there is an anti -deficiency, it's not just going to get him standing there. It's going to be the department head there, as well, and so it's called share the responsibility kind of provision, and I think, if we all work together, we can avoid it. Commissioner Gonzalez: Mr. Chairman, it's not a matter of frustrations. It's a matter of speaking the truth, and that is something that, many times, doesn't happen in this City. I'm told that all overtime is going to be shut down for the Police Department, and that's why -- Chairman Teele: Who told you that? Commissioner Gonzalez: I was told that by the administration, OK Chairman Teele: But only the Chief or his people can make that decision, subject to the Manager working through that, and I think it would be a terrible statement for us to be on record saying we're going to shut down overtime, because that's almost like a gold-plated invitation to people who want to do things at a certain time of day to do it that way. Imean -- Commissioner Gonzalez: That's what I'm told. I said, fine. You know, if it's going to be cut for everybody, it's fine. I can understand. Then I start asking questions and I find out that everybody is working overtime, as usual, except the Quality of Life Task Force, and let me tell you. You know why it bothers me? Because while a lot of people have been sleeping on Fridays and Saturdays, I've been out there until 2, 3 and 4 a.m. in the morning, OK, taking care of business, all right, and working with the Police Department on making sure that I'm present at every operation; that nobody can accuse them of any wrongdoing because I've been there myself and I have been a witness of everything that has been done, so I wanted to preserve the image of whatever we were doing, so they make this decision, and I'm the last one to find out about it. Chairman Teele: Well -- but let's look at it this way, positively. Commissioner Gonzalez: And that's why I sent the letter that sent resigning to the chairmanship of the Quality of -- Chairman Teele: I did not see that. I apologize. City ofMiami Page 126 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Commissioner Gonzalez: You didn't get it? Well, I think you got it, Commissioner Regalado. Commissioner Regalado: I have it. I have it. Commissioner Gonzalez: The Manager has asked me -- the Mayor have asked me to sit down with him and discuss it before I take a final action on my resignation. Chairman Teele: And I would urge -- Commissioner Gonzalez: I mean, you know -- Chairman Teele: -- I would urge you to do that, as well. Let me urge you -- take it a step further . Why don't you sit down with the appropriate people in the Manager's office and let's come up with what would it take -- let's look at this positively -- to continue the Quality of Life Program, through the end of this fiscal year, in terms of overtime or whatever else, and if it's a policy decision of this Commission that we want to do that, then we -- it's up to us to find the money, and I think part of what we've got to do is legislate and not try to operate it, and if you're saying, as the Chairman of that committee, that it's important -- and you and the Chief and the Manager all sit around the table and say, OK, to finish this program out properly through the end of this fiscal year, September 30th, you know, working with the command and doing some staffing adjustments and maybe times and shift change, but it's going to take this number of dollars, then give us the opportunity to work with you to find and make those dollars available, but don't resign, please, and -- Commissioner Gonzalez: And, by the way, the Chief was not at the City the time all of this happened. I believe he was out and doing some kind of City business. Chairman Teele: But, again, I think the way the information is being pushed up now is an opportunity for us to solve problems and to correct problems and if it's a legislative priority of this Commission, we'll make the dollars available some kind of way to do that. It means we're all going to take a five percent cut in our office budgets for this year or we're all going to reduce the Manager's budget by two percent or something. I mean, there's a way to do this legislatively without everybody being at each other's throat and sending the wrong message to the bad guy, because you've done a yeoman's job. I had no idea that there were 1930/1950 era one-armed bandits all over the place. I mean, I really -- I mean, I may be the dumbest guy on the dais, but I had no idea that there were literally hundreds of casino operations out there in the City, and I think you've done a wonderful job with the Police Department, and the Code people -- and even the City Attorney, I understand, has had people riding this, so I don't think we ought to form a circle now and start shooting at each other. Let's keep the line straight and shoot out, and hopefully, nobody gets too far up front. Deputy Chief Frank Fernandez: Commissioner, may I clarify the record, please? Deputy Chief Frank Fernandez, Miami Police Department. Commissioner, we've done, in essence, looking at the financial situations that we're in and what Larry Spring alluded to, certainly we have not -- and I want to just clarify the record -- we have not cancelled the Quality of Life Task Force, but in looking at these financial situations, we want to make sure we align it properly with our organization, so we're not meeting -- or we don't have an issue with the anti -deficiency ordinance. Having said that, all we've done is realigned it to use on duty resources to accomplish the same things that we've been doing with the Quality of Life Task Force. Certainly, by no means, are we canceling the operation. We're actually expanding it citywide to include all those problem -solving teams. We've implemented a component, a training component to expand that knowledge, that knowledge based to other officers within the organization in those problem -solving teams throughout the City, so we can expand that operation even further than what we're doing right now, but understanding what Mr. Larry Spring has alluded to throughout his presentation here, we have an obligation, as he said, as a team to properly align City ofMiami Page 127 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 our organization to meet our financial obligations, and having said that, it wasn't just a Quality of Life Task Force. I met with them. I met with every major, and yes, we have to limit overtime to its bare, bare bottom. We have to bare down now, fight crime, provide the same quality of service, while minimizing the impact on overtime. Overtime is always an issue. However, we're trying to minimize it as much as possible, so just to recap what I've just said, I want to make sure we perfectly understand this. We are not canceling the Quality of Life Task Force. We're expanding the program. We're putting a training component in there, and we're using on duty resources to accomplish the same task as been done in the past. Thank you, Mr. Chairman. Any other questions for me? Chairman Teele: Thank you very much. Deputy Chief Fernandez: Thank you very much. Commissioner Regalado: Frank -- Chief I have a question. Deputy Chief Fernandez: Yes, sir. Commissioner Regalado: Do we have an idea how many sworn police officers are leaving the force, retiring this -- the next three or four months? Deputy Chief Fernandez: Yes, sir, we have that number. Major Mirabile can give it to you. I have it in my book also. Major, could you give him that number, please? Major Hector Mirabile : Major Hector Mirabile , Miami Police Department, Business Management section. There will be 274 -- as of now, today, there are 274 individuals that are eligible to retire in the Miami Police Department. Commissioner Regalado: 274? Major Mirabile : Yes, sir. Commissioner Regalado: Eligible or willing? Major Mirabile : No, sir, eligible. As to the willing part, that's an individual item. We have not taken a poll. Commissioner Regalado: Yeah, but we -- do we know about notice -- because the question is -- because I have heard that several dozens of police officers will be retiring in the next month, and the question is, are we able to bring the replacement for those officers? Major Mirabile : We have a plan in place where we're going to be bringing 70 police trainees, as soon as we're able to do so, where we get the openings available. We currently have 16 openings, where we can go ahead and fill, which we're frying to do that at this time, with the available registers that we have, and then after that, we continue with the openings. As they retire and the openings are opened up, financially, then we can go ahead and fill those positions. It does take time, unfortunately, but we do expect to be able to meet the 70 by the end of the year. Commissioner Regalado: Thank you. Chairman Teele: All right. Commissioner Regalado: All right. Deputy Chief Fernandez: Any other questions? Thank you, sir. City ofMiami Page 128 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Chairman Teele: No, but we really appreciate the time that you all are taking to come here, and what would like to do, Mr. Budget Director, if possible, is be prepared at the next meeting, is put in a holder under, I guess, Commissioner Gonzalez's blue pages, since this period is probably closed -- for an emergency ordinance related to the Quality of Life Task Force. Mr. Spring: Absolutely, sir. Chairman Teele: So we could all start -- and just come meet with me. I'll give you some ideas. Meet with each of the Commissioners, et cetera, butl think the critical thing is to figure out -- assuming a majority of the Commission -- assuming four Commissioners, I would suppose, agree that we want to continue the Quality of Life program in terms of this Code Enforcement effort, particularly over the summer. You know, kids are out of school. It's sort of the wrong -- I mean -- we may not carry it through in the winter, but certainly we want to carry it through, I would imagine, you know, now because I'm sure there are kids who are coming back that know the places to go, that used to go to, you know, dah, dah, dah, dah, dah, and we don't want to drop our guard during this period of time, so if you all could sort of work on what it's going to come up with -- Commissioner Regalado: Mr. Chairman, can I -- yield one second? I don't understand. I'm ready to support the Quality of Life Task Force and any resources that you need and that we need, but unfortunately for you guys, I read everything that get in the office, so I keep reading about this operation difference. The next one is next Friday, in Legion Park. Deputy Chief Fernandez: That will be tomorrow, sir, this Friday. Commissioner Regalado: Right. Oh, OK. I still have it, but my question is, is that overtime or that's just regular -- Deputy Chief Fernandez: No, sir, that's all on duty, and officers have changed their schedules. Commissioner Regalado: All on duty? Deputy Chief Fernandez: Yes, sir. Commissioner Regalado: So you pay all the police officers from one area -- my area and bring it to Legion Park? Deputy Chief Fernandez: No, sir. What we do is, we take our specialized operation section for that one day. That's our mounted, K-9, marine pafrol, PSAs (Public Service Announcements), motors, narcotics team. Those are officers that are -- supplemental support services for pafrol officers, and then whatever neighborhood we go into, we will seek out that major supplemental support, such as NROs (Neighborhood Resource Officers), their community involvement specialists, community affairs, and also their problem -solving teams to partner up with the specialized operation section to accomplish the mission of the day. Commissioner Regalado: Well -- Deputy Chief Fernandez: Again, those are on duty. Commissioner Regalado: What see on TV (television) is a real COPS program, you know, going in and out, which I love it. I mean, you know, I think it -- you guys are doing great, but if you're telling me that you're using the regular officers, I have to think that somewhere in this City street is not being patrolled, because we have everybody -- City ofMiami Page 129 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Deputy Chief Fernandez: No, sir, absolutely not. We are not taking patrols from any of the neighborhoods. We're only using the officers from our specialized operation section. We have maybe one or two officers that come down from administration to partake in the operation. We have those that come down from investigation section to interview subjects that may be involved in robberies or burglaries, and that's what encompasses the entire team, but we do not pull resources from other neighborhoods to compromise the day-to-day service. Commissioner Regalado: OK You can do that for the Quality of Life -- Deputy Chief Fernandez: But we have. We actually have done that. Commissioner Regalado: Bring everybody. Deputy Chief Fernandez: We actually -- we have done that. We've aligned our resources to continue the service, but doing it on duty to, you know, help us out with the financial complications that we have right now, but we're still continuing to provide that service. Commissioner Regalado: Go ahead, Mr. Chairman. Thank you. Chairman Teele: Thank you very much. Deputy Chief Fernandez: You're welcome, sir. Chairman Teele: And let me just say this. I really appreciate you all coming down, and I don't know who told you that -- to be here this afternoon, but appreciate, you know, you coming down and responding. I think, though, this is an opportunity to solve some issues and to address some policy concerns, and I don't think you should view this as, you know, harassment or in any form of -- I mean, I'm just so delighted that we know now that we've got a challenge, and we can all come together and fry to figure out how to solve it. As I said this morning, and I want to reiterate it, we have no summer jobs program for the kids. There's very little going on. One of the few things that we're doing is an aggressive program in the Parks Department, which, I think, is very, very important, but we have to be very careful right now. This is going to be a hot summer. There are a lot of people that are coming into this community that I've not seen in a long time, at least sense the FTAA. There are people in the community that don't fit into the community that are organizing and raising issues about all kinds of things. You know, there's a lot of let's just say, people who are opposed to the war in Iraq are now fomenting issues in the community, and I think, you know, we need to all be working very closely together, and I think the Quality of Life Task Force is one of the ways to make sure that we don't let the juvenile stuff get out of control in this same area, and I don't know if you were around or were aware of it, but we had to bring in the FBI (Federal Bureau of Investigations) and the ATF in that whole little Allapattah area off of 36th Street some two or three years ago. Everybody there was carrying oozies and AK-47s, so this is a very important -- Quality of Life is a very important message, not to let these communities get out of control, I think, particularly with young guys coming back for the summer to do their thing, so -- Deputy Chief Fernandez: Commissioner, we're well aware of that, and that's why we have our problem -solving teams out there. What the Quality of Life Task Force does just to make sure we're clear on this, is they go out and they enforce the City ordinances and laws that pertain to cafeterias, and bars, and taverns, things of that nature, and certainly it compliment the other efforts that we have, but we're constantly out there providing that. I just want to make it clear that we're not compromising services. We're trying to provide and realign ourselves to meet, you know, our goals and our objectives of the Police Department, as outlined by the Manager. Chairman Teele: OK. We've beat this horse to death. City ofMiami Page 130 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Deputy Chief Fernandez: OK, sir. Chairman Teele: By the way, someone told me from the County -- I was up in North Dade -- somebody up there told me that you or somebody in the department doesn't like horses, the mounted anymore -- that mounted is having a very hard time, and I would hope that we don't, you know, start making the mistakes that we made in the past. We may not build our mounted efforts, but let's retain -- let's don't start -- you know, we lost our helicopter and all of that. A City this size should have very well maintained a helicopter. Should have a helicopter right now. I don't know why we don't, but that's another issue, but let's don't start reducing services. I want to see this City grow to 500, 000 people, and we need all of the elements to be maintained in place. I just hope it's not true that you all are -- Deputy Chief Fernandez: No. Mr. Chairman, that's actually not correct at all. Chairman Teele: Y'all are buying cheap feed for the horses and hoping they'll leave, or so. Deputy Chief Fernandez: That's actually not correct. It's actually the opposite. We're working to identify a location right now. I think the last Commission initiative was brought up by Commissioner Gonzalez as to what we're doing with mounted. We're re -exploring other possibilities right now. We have one plan in place. I'd rather not get into it right now before I brief all of you individually, but we think we've identified a place to keep mounted, but certainly, the Chief is committed, so is the City Manager to keeping the mounted patrols out on the streets, so that -- what you heard was actually the opposite. We're fighting very hard to keep that in lieu of the financial restrictions that we're faced with. Chairman Teele: Thank you very much. Deputy Chief Fernandez: You're welcome. Chairman Teele: Thank you very much, Chief and Mr. Budget Director, thank you very, very much. DI.3 04-00623 DISCUSSION ITEM DISCUSSION CONCERNING A REPORT FOR A PLAN TO IMPLEMENT STATE LAW RELATED TO CLUC 90 OF COUNTY DELINQUENT TAX LAND. 04-00623 - report.pdf DISCUSSED Direction to the City Manager by Chairman Teele to provide by the July 8, 2004 Commission meeting, a plan to acquire lots for affordable housing and a status report on the sale of liens filed by the City ofMiami. Chairman Teele: The next item we're going to take up is the CLUC (County Land Usage Code) 90 issue, and I think it's very important. Can we get Community Development and all of the appropriate people -- Public Works and -- to join us here? This item occurs as a special committee appointed by the Commission -- seriously, although the Commissioner from the district was not -- was not present, Frank Castaneda, who has previously served in the City, agreed to coordinate and chair this effort. Frank Castaneda (Chief of Staffi: Commissioner, my name is Frank Castaneda. I work for Commissioner Angel Gonzalez. The Commission requested basically three things: 1, to find out where are the CLUC (County Land Usage Code) 90s; number 2, to look at governmental vacant land in the City ofMiami, and number 3, to look at properties that had been in default, and that tax liens had been sold on it. We had been able to research items 1 and 2, and I have maps for City ofMiami Page 131 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 each disfrict, as to where those properties are, and so forth. As to item 3, Larry Spring is working with the County in determining where -- what properties are on default, and what properties have tax liens been sold on. That information still not available, but Larry Spring is working on that. Let me give you your maps and any information. In the CL UC-90 category, Commissioners, most of the CL UC-90s are in District 5, which is Commissioner Teele's disfrict, which might be of interest to Commissioner Teele. We've also mapped CRA (Community Redevelopment Agency) property, so the Commissioner can see how far away the surrounding properties are to CRA property. In -- there are significant numbers of CL UC-90 properties. I think Commissioner Gonzalez has four properties, which are in excess of 5, 000 square feet, which are developable lots. In the information that I'm giving you, in the CL UC-90 section, it will tell you the zoning for the property and also the lot size. Commissioner Gonzalez , District 1 , has 10 CL UC-90s, and Commissioner Johnny Winton has also 10. District 4 -- Commissioner Winton: Is that in my whole district? Mr. Castaneda: I'm sorry? Commissioner Winton: Is 10 in my whole district? Mr. Castaneda: 10 in your whole district, correct. You have the addresses of those 10 properties under CL UC-90 in there, yes. CL UC-90s are lands available -- it's called List of Lands, and they are lands available for taxes, and we can request those properties from Dade County. CL UC-80 properties, which is the bigger lists, are properties that are owned by government. There's a whole bunch of properties there that are owned by the City ofMiami, which the Manager will be looking into to see what are those properties are being used, and what are those properties can be used for affordable housing. We'll also be taking a look at Dade County on vacant land property, which is also included in that list, and we also have vacant land property there, which is owned by the state and the school system. Any questions? Keith, you want to add something to that? Keith Carswell: Keith Carswell, Director for Department of Economic Development. I thought it was a very productive meeting, and we're going to go through the exhaustive process of basically cataloging and identifying what the uses are for these properties, and see if they are something that we would want to consider for an infill housing program. Chairman Teele: How long is it going to take you all to do that and when can you report back on that? Mr. Carswell: It will take us -- we're going -- we're actually looking at hiring interns. The list is quite voluminous. Actually -- Mr. Castaneda: I think that we can divide it into two parts, Commissioner. CL UC-90 is fairly simple. I would look under the first batch, any property over 5,000 square feet, in area -- Chairman Teele: Why don't you say any property over 4,000 square feet? Mr. Castaneda: OK, we can do that. Commissioner Gonzalez: Over 4,000. Mr. Castaneda: But you -- and we can do that. For that matter, in Commissioner Gonzalez' disfrict, we're looking at one which is 4,950, which, as far as we're concerned, that's 5,000 square feet, so we can determine a list and submit that list to Dade County, I would assume, within a week. As to the City ofMiami property and the County property, I would assume that that would take an additional period of time, but as to the CL UC-90s, we can respond to -- City ofMiami Page 132 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 immediately to everything. Commissioner Winton: Hey, Frank, how do I figure out the 10 that are in District 2 from this? Chairman Teele: You've got to do it on the mike, Frank or take -- Priscilla A. Thompson (City Clerk): Here you go. Commissioner Winton: Well, then, I'll ask him off the mike, because I don't care. I mean -- Mr. Castaneda: It's from here to here. Commissioner Winton: Thank you. Great. Thanks. Chairman Teele: I think -- Commissioner Winton: Oh, I get it. Yeah. Chairman Teele: I think there's two or three issues that we need to clarify with the City Attorney, number one. Mr. Castaneda: OK. Chairman Teele: One of the issues that has come to mind now is that in conversations with Habitat for Humanity, that is having a tremendous problem now identifying suitable lots that were previously CLUC-90, where we were just giving away the CLUC-90, the CLUC-90 lots are evaporating. Mr. Castaneda: Yes, they are. Chairman Teele: One of the main things that I'm driven to is to recommend, on July 8th, a policy related to affordable housing, a la, Habitat for Humanity, and other organizations that are doing this, that goes beyond CL UC-90, because right now, we have -- we're just sort of waiting for properties to become available. That's never been a problem in the past. That's going to be a problem going forward, so one of the recommendations that I'm trying to focus in on as a result of this -- and ask Frank to continue to help us -- is a policy recommendation going forward relating to how we can purchase or acquire lots for Habitat and other organizations in Habitat shoes. Mr. Castaneda: Right. Commissioner, what I would recommend -- again, CL UC-90 will get out of here in a week. CL UC-80s are vacant land owned by government. We have numerous lots in the City ofMiami, which are vacant, and we should look at those properties to see which of those properties can be developed for affordable housing. Chairman Teele: Well, what I'm frying to do, though, is this: There's no new information here today. There is nothing new here today. All of this information has been in the City, on computers for the last 10 years, OK, so that this is not directed at Mr. Carswell or anybody. The problem is getting this kind of information and an analysis from the various departments so that we're tied into one integrated policy relating to housing and, you know, I think the Law Department has as much to do with this as anyone else, which is the issue that I'm trying to raise with the City Attorney. I am being told now that the County is moving quickly to convert CLUC- 90 properties to County -owned land. In other words, they are transferring CL UC-90 now to GSA (General Services Administration) of the County, and just sort of -- what do you call it -- land banking it. City ofMiami Page 133 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Commissioner Winton: Yeah. Chairman Teele: And "A," is that legal? "B, " is the County obliged or not obliged to fransfer lands to us? Commissioner Winton: I think that's land grabbing. Chairman Teele: "C, " have we made any requests of the County to transfer lands to us in the normal course of business? I'm not talking about a lot here or a lot there, but do we have a plan that each year, as CL UC-90s are coming forward, are we saying, OK, here are the CL UC-90s that are going to be coming forward as of January 1 or whatever date, or have we -- or do we submit a list of those to the County so that they can do that, and if not, do we have a program or can we develop a program to do that? Correspondingly, one of the things that has happened in the CRA is that we directed staff to go down there and buy land on the 11 th hour so that the land would literally be converted over to the CRA for taxes, because remember, 60 percent of all the taxes paid goes back to the City, so if the CRA goes down and buys the lands for taxes, we're just taking money out of the CRA pot and putting it into the City pot, but the land is being transferred because what we saw were land speculators were lined up ahead of government, of course, because you know, we're all working 9 to 5, and they're down there buying up the land from us, and we have no control over it, so it's a lot more complicated than what fell in our lap. We know what fell in our lap. The question is, how do we manage this as a program going forward? So, Mr. Attorney, I need the answer to those questions. Alejandro Vilarello (City Attorney): Certainly, and we'll -- most of those will be incorporated in, I guess, a policy statement coming back to you on July 8th. Chairman Teele: No. I thought we were getting those answers today. Mr. Vilarello: Well, you can get -- with regard to CL UC-90 properties, the County does have the option to convert that for its use. If it doesn't, you know, we would -- Chairman Teele: So they can land bank it or convert it to their use? Mr. Vilarello: Yes. Chairman Teele: Which one? Mr. Vilarello: Under certain conditions. They have a series of conditions. In fact, we issued an opinion in this regard. I just don't have it before me. There's a series of options the County has that they can use the property for. Chairman Teele: Is the County obliged to fransfer lands within a municipality that are properly requested to the City, to the municipality? Mr. Vilarello: They have the obligation to transfer the property to us, so long as they are not using it for infill housing or dedicated for some other public purpose by the Board of County Commissioners. Chairman Teele: Well, you know, the other side of this coin is this. There's a significant amount of CL UC-90 properties that are in Unincorporated Dade County that nobody can have but the County, and we need to look at that also, because I think part of what we need to arm the Attorney or the Manager, whoever's going to be working with the City County Manager and County Attorney, is that this is sort of a ridiculous position the County is putting themselves in. Do we have any idea how many CL UC-90 properties there are in Unincorporated Dade County? I would venture to say there's probably thousands of them. City ofMiami Page 134 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Commissioner Gonzalez: Thousands of them. Chairman Teele: Thousands, you know, so this whole thing is just typical government just being big dog on government, and we need to try to get a working relationship with the County on this issue, because we need to maintain the program for Habitat and other organizations, so have we ever requested, as a routine course, not a particular lot, but at the end of the year or at the beginning of the year any CL UC-90 transfers? Mr. Vilarello: I'm not aware of any. I know we have with the CRA. I know we did for the Model City Trust use, but other than that, I'm not aware -- Chairman Teele: But I'm saying, is there a citywide program where somebody is directed to evaluate CL UC-90 properties or properties that could be CL UC-90 and to transfer them? Because, again, this is the issue, folks. We've got a program in District 4, where we say we're going to build houses. We still -- we've been doing this now for two years. We still have not got one lot in District 4, is that -- OK We have Habitat for Humanity that's out there making a great statement for the City and for the community, and they're telling us they're going to move on to another City because we don't have enough available land. They can't work on onesies, twosies. They've got to have a plan of 25 lots a year, and we can't give them that anymore, so this is not just politics at all. This is really about the future of the City, in terms of maintaining an affordable program. Madam Manager, we still need to hear from you on whether or not we have a program? Linda Haskins (Deputy City Manager/Chief Financial Officer): No, we do not, sir. We have not had a program. This has been something that has been discussed to put together this for a formal infill housing program, and this would be part of it. However, it has not been implemented. Chairman Teele: Would it be fair to ask on July 8th -- that's about a month from now -- for a program or something to be brought back to us? Ms. Haskins: I think we can give an outline of a program by July 8th. Chairman Teele: Frank, what are the other comments that you have on this? Mr. Castaneda: Well, as I said, we have identified all the CL UC-90s, all the CL UC-80s. What we have failed to identify so far are properties that liens are being sold on -- Chairman Teele: That what? Mr. Castaneda: Liens are being sold -- I'm sorry. Liens are being sold on properties. We have not been able to identify that so far. Chairman Teele: Does the City sell liens? Mr. Castaneda: No, but the County does for us. Larry -- Chairman Teele: On our behalf? Mr. Castaneda: On our behalf and we get -- Commissioner Regalado: Yeah, but, Frank, the County, as we speak now, is selling about 26, 000 liens on properties and what they're doing now, instead of having the ceremony on the courthouse step, they're using the web page, so everybody can bid on it. They -- they're selling City ofMiami Page 135 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 the houses and properties of thousands ofMiamians as we speak now. Mr. Castaneda: Well, our Finance Department -- our Budget Department has a request with Dade County right now of all vacant property, where liens are being sold. OK. Oh, there you are. Larry Spring: Larry Spring, Chief of Strategic Planning, Budgeting & Performance. Per Frank's request, we contacted the tax -- the County in order to obtain a list of the requested properties. Commissioner, you are correct, that they are going through a tax sell at this current time. In fact, they informed me, the week that I made the request, that they wanted to wait until after the sale so they could give me a more detailed list of what was out there, so yeah, you are correct, they are doing that. Commissioner Regalado: Yeah, but -- I was thinking and wondering if those liens that the City had imposed -- because of Code Enforcement cases that we have to clean the properties and then charge the property owner? That becomes part of the lien for the County to sell, right? Mr. Vilarello: Code Enforcement liens are not included -- Commissioner Regalado: No, no, no, no, I'm not talking -- I'm talking of the City going into an empty lot, cleaning, and then billing the property owner, and if the property owner didn't pay, lien the property. That lien has been sold, I think. Mr. Vilarello: There are some, over the last several years, that were sold. The County, approximately a year and a half ago, stopped selling those liens with their tax liens. Commissioner Regalado: So the question is, we never get the money back? Mr. Vilarello: Prior to having the County sell, we used to sell our own liens. I believe the Finance Department is reviewing -- going back to that process of selling the municipal liens and that's how we'll get -- collect those dollars and the individuals that buy the liens would be foreclosing on those properties if tax -- if those liens aren't paid for. Commissioner Regalado: Yeah, but my question still is, do we get the money from the County -- do they sell on our behalf and then we get the money? Mr. Vilarello: For the type of liens that you're talking about, lot clearing or code enforcement or those, they do not. Tax liens, yes, they sell those and yes, we do get the benefit of that tax lien sell. Commissioner Gonzalez: Let me see ifI understand correctly what you said. We sent somebody to clean up a lot, to cut the grass and clean up a lot, and we paid for the service. We billed the owner of the property and the owner of the property doesn't pay us for that service? Mr. Vilarello: We place a lien on the property. Commissioner Gonzalez: We place a lien on the property, and then what happens? Mr. Vilarello: We -- there's a couple of different processes. For several years, they were including those liens together with the tax liens and the County was selling them for. About a year and a half they stopped doing -- a year and a half ago, they stopped doing that for us for a series of reasons. One, it was apparently some problem with the state statute authorizing it. The County has now -- no longer selling those liens, so -- but the liens are still on the property. If the property is sold, we do collect on it, or if we independently start a cause of action, we also collect on it. City ofMiami Page 136 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Commissioner Gonzalez: But we don't lose the money, right? I hope that we collect -- Mr. Vilarello: We have not -- there is not a process currently in place to sell those liens independent of the County process. Chairman Teele: But let me just give another perspective to what the Commissioner's asking. This is what's happening. Once the CL UC -- once the property becomes CL UC-90, the County doesn't transfer their -- the land in most cases, in most cases. It stays in CL UC-90, so if it's owned by Joe Blow, it stays on the tax rolls as Joe Blow. Mr. Vilarello: Right. Chairman Teele: Then the grass grows up, the frash is dropped on there, the neighbors call; our people go out and cite the property. This goes on for two, three and four years, but it's a charade. It's a charade, because the property has already -- is cheated. The property owner has no intent of ever redeeming it, so you could put liens of $10, 000, 000 on the property, because it's just there as a sort of a dummy name on a computer, and that's what gets neighborhoods so frustrated, and it makes it look like the NET (Neighborhood Enhancement Team) Office is not doing a good job in some cases. It looks like the City doesn't really care, but the truth of the matter is, the land is just cheated. The value of-- the amount of taxes and liens are so in excess of the value of the land that the property owners walked away from it, but the name never changes in the computer, and the name doesn't change for a reason and it's a good reason that it doesn't change, so I also think that the CL UC-80, the County owned government properties are really where we need to be focused, particularly because there's a lot more of that right now, and obviously, the County has been just transferring property to their -- which means now, property pays no taxes. We're basically maintaining the property in many cases. The property pays no taxes. It's now tax exempt, and it's just being there blocking any future development, et cetera, so I really think that we need to take a hard long look at this thing, so we can get a follow up report in July? Unidentified Speaker: Yes. Chairman Teele: And, Frank, you'll come back in July and tell us what you're recommending with the attorney? Mr. Castaneda: And we'll proceed to submit a letter to Dade County, requesting the CL UC-90s that are in excess of 4, 000 square feet. OK Chairman Teele: Oh, it's in the computer that way? Mr. Castaneda: Yes. Chairman Teele: Amazing. All of this information is in the computer? Mr. Castaneda: Yes. And we develop maps for you, and you can see them there. Chairman Teele: I could just only say what a great resource you are, and I really appreciate very much the effort and the time you've put into this, and you can bill about 20 hours pro rata to the rest of us -- Mr. Castaneda: Commissioner Gonzalez will send you a bill. Chairman Teele: OK. All right. This doesn't require any further action, then, and we'll wait on that report on July 8th. City ofMiami Page 137 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 PART B Chairman Teele: Pending the fifth Commissioner, why don't we do this. Madam Clerk, why don't you swear in the zoning -- all persons that intend to participate in the zoning agenda, and the City is very aware of the fact that we promised to take up the item that most of you are here on, as the first order of business coming back from lunch, and we will honor that intent. Madam Clerk. If you intend to testify, would you please stand, raise your right hand and be sworn by the Clerk? Madam Clerk. The City Clerk administered required oath under City Code Section 62-1 to those persons giving testimony on zoning issues. Priscilla Thompson (City Clerk): Thank you. Chairman Teele: Madam Clerk, do we have the transcript from the Kubik meeting, and has it been passed out, please? Ms. Thompson: Sir, I e-mailed it to all the Commissioners on yesterday and I have a copy here. Chairman Teele: You need five copies out here. E-mail is good for staff. How many copies is this? Ms. Thompson: How many meetings? Chairman Teele: No. How many copies is this? Ms. Thompson: This is one copy, two meetings. Chairman Teele: No, of the last meeting. Ms. Thompson: The last one is right there. Chairman Teele: You need to make copies of the last meeting available to everyone here. PZ.1 03-0415 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 13, AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE KUBIK AT MORNINGSIDE PROJECT, TO BE LOCATED AT APPROXIMATELY 5600-5780 BISCAYNE BOULEVARD, MIAMI, FLORIDA, TO BE PROPOSED AS TWO 14-STORY BUILDINGS WITH TWO DESIGN OPTIONS WITH THE "ALTERNATIVE A" OPTION COMPRISED OF 293 MULTIFAMILY RESIDENTIAL UNITS, 41, 745 SQUARE FEET OF RETAIL/RESTAURANT SPACE, AND APPROXIMATELY 422 TOTAL PARKING SPACES; OR THE " ALTERNATIVE B" OPTION WHICH IS COMPRISED OF 293 MULTIFAMILY RESIDENTIAL UNITS, 33,046 SQUARE FEET OF RETAIL/ RESTAURANT SPACE, AND APPROXIMATELY 362 TOTAL PARKING SPACES.; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 138 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 03-0415 MUSP Fact Sheet.pdf 03-0415 MUSP Analysis.PDF 03-0415 Zoning Map.pdf 03-0415 Aerial Map.pdf 03-0415 PAB Resos.PDF 03-0415 MUSP Application.PDF 03-0415 Sp Exception Fact Sheet.PDF 03-0415 Sp Exception Analysis.PDF 03-0415 ZB Reso.PDF 03-0415 Sp Exception Application & Supp Docs.PDF 03-0415 Plans.PDF 03-0415 Legislation.PDF 03-0415 Exhibit A.PDF 03-0415 Exhibit B - Alt A.PDF 03-0415 Exhibit B - Alt B.PDF 03-0415 Exhibit C - Alt A.PDF 03-0415 Exhibit C - Alt B.PDF 03-0415 - submittal.pdf COM M-4-22-4. ppt 03-0415 - submittals.pdf 03-0415 - submittal - Women Club.pdf 03-0415 - submittal - Morningside.pdf 03-0415 - submittal - Kubik.pdf 03-0415 - submittal - U of M.pdf 03-0415 - submittal - law analysis.pdf REQUEST: Major Use Special Permit for the Kubik at Morningside Project LOCATION: Approximately 5600-5780 Biscayne Boulevard APPLICANT(S): Kubik, LLC; Biscayne Premier Investments, Inc and Mark's Classics Corp APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended denial to City Commission on December 17, 2003 by a vote of 4-2. Recommended approval with conditions* of the substantial modification to City Commission on April 7, 2004 by a vote of 5-4. ZONING BOARD: Recommended approval of special exceptions to City Commission on December 15, 2004 by a vote of 9-0. *See supporting documentation. PURPOSE: This will allow a mixed -use multifamily residential development. City ofMiami Page 139 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Motion by Commissioner Winton, seconded by Chairman Teele, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0383 Note for the Record: Commissioner Winton created a local citizens subcommittee to study the relocation of the Women's Club building and come back with a recommendation in 30 days. Chairman Teele instructed the City Clerk to obtain the names and contact information of individuals interested in serving as members of said committee. Chairman Teele: All right. Ladies and gentlemen, we are here for a very important item. Mr. Attorney, would you review the record and tell us exactly where we are? A verbatim transcript has -- minutes, I should say, I think have been passed out, but I don't see what I'm looking for. Mr. Clerk -- Mr. Attorney. Joel Maxwell (Deputy City Attorney): PZ.1 is the Kubik item. Mr. Chairman, at the last hearing, May 6th, this item was continued with specific directions, or instructions that the public hearing was closed, and that when it came back to this hearing, the only testimony you would take would be that of the attorneys for both sides and staff. At that time, you all directed the parties to see if they could reach a rational consensus recommendation for the City Commission and come back at that time, through counsel, and make such presentation to the Commission. Chairman Teele: Would you comment on whether or not there's going to be testimony? Mr. Maxwell: Only testimony indicated at that time that would be allowed today would be that of the two attorneys and staff, if necessary. Chairman Teele: All right. Are both counsel present -- or all counsel that are here on the matter present? Would you state your name and information on the record? Lucia Dougherty: Good afternoon, Mr. Chairman, members of the board. Lucia Dougherty, with offices at 1221 Brickell Avenue, here today on behalf of the Kubik property -- or project, and with me is Enrique Alvarada and his son, Camilo, who is also the architect, and they are the principals of the project. Andrew Dickman: Good afternoon, Mr. Chairman. Andrew Dickman, law offices at 9111 Park Drive, representing the Morningside Civic Association. A number of those board of directors and members of the neighborhood are here with me today. Chairman Teele: And have we reached -- Madam Attorney, Counsel, have we reached -- Ms. Dougherty: Probably, the best thing to do is to give each of us five to ten minutes to make a presentation, as to where we are today. I have the honor today of representing this development group, and -- Chairman Teele: Are you going to wait for a decision, or you're going to -- Ms. Dougherty: Yeah, sure. Chairman Teele: Counsel, do you have any objection to that? Mr. Dickman: Could be -- Chairman Teele: To allowing each counsel ten minutes to make -- up to ten minutes to make any statement that you'd like -- City ofMiami Page 140 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Mr. Dickman: I'd prefer -- Chairman Teele: -- as to where you are. Mr. Dickman: I'd prefer up to 15, ifI could. Chairman Teele: All right. It's granted. Mr. Dickman: Thank you. Chairman Teele: Up to 15 minutes. Now, will there be a rebuttal or -- did -- let me say it this way. If you would like to break your time in half or separate your time, you have leave to do so, provided you don't exceed 15 minutes and, counsel, I assume that's OK with you? Mr. Dickman: Yes. Chairman Teele: All right. Both sides will have 15 minutes, and Ms. Dougherty will have the right to divide her 15 minutes any way she'd like, after you have spoken, OK? Mr. Dickman: So I will go first? Chairman Teele: No. You'll -- Mr. Dickman: You will go first. I'll follow her. Chairman Teele: You know what? Why don't we do it that way? Why don't we do it that way? Why don't you go first and, Ms. Dougherty, why don't you respond, and that way we're not breaking time up. Ms. Dougherty: Sure. Mr. Dickman: That's acceptable. Chairman Teele: Is that acceptable to you? Mr. Dickman: Absolutely, absolutely. OK Ready to go? Chairman Teele: Thank you for -- Mr. Dickman: OK Gentlemen, thank you for having us back here today. Recollect your memory, we were here on May 6th. The instructions were for us to come back after meeting with the developer -- Mr. Maxwell: I'm sorry, counsel. Name and address for the record, please. Mr. Dickman: I thought I had already done that. Vice Chairman Sanchez: Yeah. Mr. Dickman: Andrew Dickman, law offices at 9111 Park Drive in Miami Shores, Florida, representingMorningside Civic Association. Mr. Maxwell: OK. IfI have asked you to repeat, I apologize. City ofMiami Page 141 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Mr. Dickman: That's right. Better safe than sorry. We convened -- actually, let me back up. This is -- let me state for the record that this is the 13th time that the neighbors have attended a meeting such as this to deal with this particular applicant. They are here tonight, and also joined by newly formed neighborhood coalition. I would ask those neighbors to quickly and quietly stand up so that they can be recognized, please. Thank you very much. We did attempt, in good faith, to find a compromised position with the applicant. We met on May 24th, and on May 26th, at the offices of Greenberg Traurig. The meetings lasted approximately two hours each. In attendance at those meetings were members selected by Morningside to represent those positions that they had decided were agreeable after a long process that they had, in terms of putting together a list of items that they felt were important to them. Also in attendance were members of the staff -- or one member from staff to answer questions, Lourdes Slazyk, who I want to say thank you very much for attending those meetings, and we had a very vigorous dialogue with the applicant. We came up with a list of ten items that were important to Morningside. These were items that were in the public interest, and we made it abundantly and absolutely clear that our issue was the central issue that Commissioner Winton stated right before we broke last time, which was the height, bulk and scale. That was clear to all parties that that was our main and absolute issue that we wanted to deal with. However, we did put together a list of other issues that we felt should have been addressed during the staff review that we put out there. The issues that we put out on the table, number one, was the height and scale and bulk of the building. Basically, that it's too big in relationship to the other surrounding buildings. You'll recall that at the last meeting, two models were brought out before you. One was ours, which you can see on the far left over there, put together by the Morningside, and the other one was the Kubik model, which is covered up here. They had a smaller model. At that time, it was determined that the -- that our model was eight percent bigger than what it should have been, simply because we didn't see that height was measured below the surface, and their -- the problem with their model was that they didn't provide surrounding buildings so that you could judge what the scale was so, again, going into these meetings, that was the main topic. We talked about that. We talked about the need for removing the bonuses for the planned unit development. It was our position that this is not a planned unit development because it is simply a multi family building. It is not adding anything to the surrounding area and, therefore, should not be able to -- the benefit of the 20 percent bonus that it was given under the PUD (planned unit development). The amenities that they put in place are strictly for the benefit of the residents that will be moving into this building, so we had said that we wanted the bonuses removed. In fact, that was the position of staff, as well. We raised the issue of noise and light pollution and, specifically, we talked about events and parties that may take place on the top of the building, and lights that may be placed on the outside balconies and so forth that would disperse into the community because, again, this is going to be a very tall building that will be seen from the neighborhood. We also raised the issue, which was a high issue for us, of the Northeast Miami Women's Club, the preservation of that building. I will also add that we have today a letter from the grandniece, I believe it is, of the architect, Victor Nellenbogen, who we have a letter here from her, and I would ask to quickly read a few passages of that, and I'll put it into the record. This is from Kathleen Tyler Conklin. I urge you not to allow the destruction of the Northeast Miami Women's Club. I am the grandniece of Victor Hugo Nellenbogen, who designed the beautiful and architecturally significant building. It has been said that the architecture is music set in stone. I urge you to save the Northeast Miami Women's Club." If you could please put that into the record for me, I'd appreciate it. This was an issue that was important to our community; was the preservation of this historic architecture. Another issue that we brought up was the placement of the air conditioning and mechanical units that are seen nowhere on the plans, and where would they be located in terms of noise and visual pollution. We also brought up the issue of parking. Specifically, our concern was that -- whether they would allow for enough parking to serve the retail and office space on their project so that there wouldn't be spillover into the street, or into the neighborhoods. This was a very important issue, and I think it came up in the Midtown issue about allowing for -- excuse me -- some free parking, or at least validated parking, so the parking wouldn't end up in Morningside, or in the other neighborhoods. We also brought up the issue of the billboard on the front end of the park -- City ofMiami Page 142 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 front end of the property, and whether or not that could be removed. We strongly discussed the issue of scale on Biscayne and 58th Street. In fact, the design of the building, as you can see over there, broadsides Biscayne Boulevard and 5th Avenue, and we felt that it would create a tunnel effect and a canyon effect on the Boulevard. The last two issues had to do with pedesfrian safety, that building something this large would obviously be an attractor for many of the residents across the Boulevard, in Morningside and other areas. Right now, it is extremely hazardous to cross over the boulevard at 58th Street, and also at 54th Street. Those lights currently do not have crosswalks, and running along the east side of Biscayne Boulevard, there isn't a viable sidewalk for pedestrians to walk to and from, so we talked about that issue of pedesfrian safety in and around the development and, finally, the issue of the existing residents, and also the industries there, with regard to Lou's Car Wash andAndiamo was an issue for us. Specifically, it is our position that this is going to be the elimination of some affordable housing, replacing it with high -end luxury housing, and how are they going to deal with the current residents; would they deal with them fairly and help transition them into a different location? That was important to the community, as well. I can tell you unequivocally that they were willing to talk about eight of these issues. The issue that we made central to our position was the height, bulk and scale. They were unwilling to compromise at all on this. We even talked about how would this building fit under the new ordinance, and whether they can meet that. The upshot of it was that in order to meet some of the issues that we wanted, specifically, the issue of Biscayne Boulevard, they even went so far as to state that they wanted to increase the height, so they went the other direction. They were not willing to come down on height, at all. Their reasoning was that this building would be -- the project would be economically infeasible, and that is really not an issue that we think this Commission should be considering, the economic viability of this, but we did ask the applicant if in fact, that is an issue for you, then share with us your financial disclosure -- financials so that we can look at it, and it won't be an issue. They -- to date, we even asked for that several times and they did not provide any of those financial documents to us so that we can see that. It has been stated that they purchased the property somewhere on the order of about 10, 000, 000 or $11, 000, 000. We have looked in the public record and it shows approximately $5, 500, 000, so the issue of whether this is a viable project is still not a strong argument for us, but what I want this Commission to understand is that we went into these meetings with good faith. We had a lot of dialogue only on our side, before going into those meetings. There was a heck of a lot of variability. A lot of people are very strong about wanting to hold the line on what came out of the charette with the -- no more than three-story buildings, but there are also some voices of reason that say we need to fry to find some common ground, and I believe that that voice of reason and that common ground came to these meetings twice, and we received no movement on their side to come down on the height, or the scale, or the bulk and this, candidly, is the issue. Because of this -- not moving on this main issue -- we actually have retained an expert, a professor from the University ofMiami School of Architecture, a Professor (UNINTELLIGIBLE) to do two things: One, to examine our reworking of our scale, and to validate that our scale model is, in fact, to scale, and I would put that into the record, and the professor is here today should any of the members of the Commission wish to hear his positions, butt would like to read this into the record, and it basically says, `I've been asked by Elvis Cruz, ofMorningside Civic Association, to verify the dimensions of the model constructed to portray the size of the proposed development. I have taken a City base map and plotted the height dimension and proposed project on it in order to compare with Mr. Cruz's model. I can safely verify its accuracy in displaying and verifying large scale relative to its surroundings. If the project is definitely not" -- "the project is definitely not example of good architectural scale relationships." After these negotiation meetings, our architect -- our expert, having looked at the models and the plans, has advised us that a proper scale for this site would be on the order of five to six stories. That's what we think needs to go on this property. We were willing to discuss other options with the applicant. They were actually wanting to go the other way. They wanted to go higher, in exchange for some small token -- what we think are in the public interest -- amenities. These were not amenities that were just for Morningside. These were amenities that needed to be done and should have been caught through the public process, so that's where we are today. We have not reached an agreement, unfortunately. We have our City ofMiami Page 143 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 expert here, ifyou would like to speak with him. The primary issue that want to leave you with is to review the record. We placed in the record over and over, at the last hearing, the criteria that this Commission needs to use when evaluating these projects. It is not how long the applicant has been in the process getting approved. It is not how much they paid for their property. It is not how much you like or dislike the developer and their designers, and it is not -- certainly, it is not how many numbers of meetings they can attest to having had with the community. The fact of the matter is, Article XVII and Section 13 of your Code specifically tells you what you need to look at with regard to the impact of this building on the surrounding community. Chapter 17 also tells you that an analysis needs to be made of whether this is consistent with your adopted Miami Comprehensive Neighborhood Plan, goals, objectives and policies. This is your master plan for the City. By law, this is your master plan. Thank you. I just want to quickly read into the record those goals, objectives and policies that we feel would be contradicted should you approve this: Goal L U-1, Policy L U-1.13, Policy L U-1.1.10, Policy L U-1.4.10 -- I would read these ifI had more time, but I'm just going to put them into the record -- Policy HO-1.15, Policy HO-1.16, 1.17, 1.18, 1.19, HO-1.27 -- these are all your goals, objectives and polices that this project will contravene. I want to read one goal HO-2, "achieve a livable city center with a variety of urban types for persons of all income levels." Chairman Teele: All right. Counsel, your time's up. How much more time will you need? Mr. Dickman: Give me two more minutes, ifyou would. Chairman Teele: All right. Take three more minutes. Counsel, you'll be entitled to 18 minutes. Mr. Dickman: Thank you, sir. I appreciate that. Objective HO-2.1, achieve a livable downtown with a variety of housing types; Policy HO-211, Policy HO-214, Objective TR-14, Policy TR-1. 41, which deals with urban sfreets, andl want to read this. "The urban sfreets whose primary function is to serve the adjoining residential neighborhoods." The first part -- the first urban street listed is Biscayne Boulevard. Primary function is to serve the adjoining residential neighborhoods. Policy TR-1.510, Policy CM-415, each proposed land use development regulation change within the coastal high hazard area of the City will require an analysis of its potential impact on the evacuation times and shelter needs in the event of a hurricane. This is going to cause at least six or 700 more people on a boulevard within the coastal high hazard area that no one has even at least considered the hurricane evacuation issue. Finally, Goal CM- S, preserve and protect the heritage of the City ofMiami through the identification, evaluation, rehabilitation and adaptive reuse ofMiami historical, architectural and archaeological resources. Finally, objective CM-5.2. We believe that the comp. plan tells you that large developments, multi family developments belong in and around the downtown, Brickell, Edgewater, Omni, not in these residential areas. It also tells you to preserve your historical resources whenever and wherever you can. It also tells you the need to not have commuter traffic throughout the area, and everyone can acknowledge that Biscayne Boulevard is a traffic congested boulevard, that you place large multi family buildings close to the Metrorail and other significant employment generating places. There is no significant employment generating industry in and around this. I urge you to support what your staff has said. Reduce the height of the building and remove the bonuses. I ask you to uphold your Comprehensive Plan and deny this development. Thank you. Chairman Teele: Thank you very much, counsel. You're entitled to 18 minutes. Lucia Dougherty: Thank you very much, Mr. Chairman, and members of the board. Again, for the record, Lucia Dougherty, with offices at 1221 Brickell Avenue. I have the honor today of representing this development, which began over a year ago. My partner, Gloria Velazquez, reminded me last night that she was not pregnant at the time, and since the time that this project has been ongoing in the City, she has had a baby and it is six months old. This project is, as of right, there is no zoning requests, there are no variances requested, there are no special exceptions requested. We are asking for 20 percent of the bonuses that would otherwise be City ofMiami Page 144 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 allowable for this site. We are asking for a Major Use Special Permit that is 24 percent less floor area ratio than is permitted by Code; it is 39 percent less than the height that would be permitted by Code; it is a -- has a hundred parking spaces, more than are required; it has 23 percent less density than is permitted, and it has 21 percent more open space than is required. The project has a complete liner uses, which -- why don't you uncover this while we're talking -- complete liner uses of the garage; it preserves the Andiamo Pizza; it has a huge urban plaza, which, again, is 21 percent more open space than it is required, but before we got here today, let me tell you what we've done. We've redesigned this project five times; we've reduced the number offloors by two levels; we eliminated vehicular access onto 58th Street. What I want to show you by that is on 58th Street, we now have town house units -- and if you would like, we're offering and proffered it again -- town house units on 4th Court, as well, so the entire base of this project is outlined or lined with town house units and, again, we had to buy another piece of property to do this. This all happened with the input of a lot of neighbors. We've met again over 60 times with neighbors; we've had 25 meetings with staff and we're proud to have the support of the following neighborhood associations: The Palm Grove Homeowners Association; Alex Rodriguez is here today. The Bayside Homeowners Association; Shane Graver is supporting it, and I know has sent letters to that effect. Leaders of the Upper Eastside Council, David Treece, Bob Flanders, Pablo Marcus and Bill Traurig are all here today and supporting the project. Patrick Whiteside from the Chamber of Commerce is supporting the project, and all five neighbors on the other side of 58th Street support this project. All of the single-family homes facing the project on 58th Street support the project. I know there was some issue about that. We regrouped; got three more signatures of the same people again. At the last time, you asked us to meet and you said, "Meet in good faith with these folks," and we did, and one of the suggestions that Lourdes Slazyk made, which made a lot of sense to us and we tested it, she said, "Put the FAR (Floor Area Ratio) here and make it come open like this, like a "U" shape, "so we tested that. What that does is take 40 percent of the FAR away from the site. We, again, did another project. We were willing to consider that. We thought it was actually a great idea, but again, it doesn't work financially, but here's what we agreed to do: They said, "Would you screen your mechanical equipment?" We agreed to screen it, and we said we'd put it on the other side of Biscayne Boulevard. They said, what about -- Commissioner Winton: What do you mean, the other side of Biscayne Boulevard? Ms. Dougherty: Excuse me. We put the mechanical equipment on this side of the building, not on the Biscayne Boulevard side. They said, "What about retail parking? With the retail parking, are you going to somehow validate or have free retail parking so the folks don't park in the neighborhood?" We agreed to validate retail. They said, "How about the billboard? We don't like it." Neither do we. We'd like to get rid of it as soon as possible, but we agreed that we would not renew any leases, to the extent we had power over that. They said, pedestrian safety. We agreed to provide crosswalks on 54th Street on Biscayne Boulevard. We agreed to have 58th and 54th Street speed tables, kind of a raised bump, and allow for kind of an urban plaza. Existing residences. We agreed that for three months, anybody who's living in the building currently, we would give them notices and we would give $1, 000 to any tenants who've been there for more than 10 years. Women's Club. We agreed to incorporate the significant architectural features meeting the rotunda and other architectural features into our project, as sort of like an entryway or a front door to our project. Light and noise. We've agreed to no exterior lighting projection, except by what's required by Code, and we agreed to put in our condo docks, there would be no noise emanating from the project after 11 o'clock. Massing, scale and the common effect and height. Well, this is the issue: And what we believe is that this is in scale. I would like Camilo Alvarado to come forward. He is an architect, and he has a letter written by -- or not a letter, but the -- well, I'll let you talk. Camilo Alvarado: For the record, Camilo Alvarado, 1625 South Miami Avenue. Mr. Dickman: Excuse me, Mr. Chair. Are we going to allow experts to testify or -- City ofMiami Page 145 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Hs. Dougherty: Well, you put your expert in the record; I didn't object, but more importantly, you asked us to come with a scale model, so how can we -- we have to explain the scale model. That's been the issue for the Commissioners. Is this in scale, and so we have to explain to you why it is in scale. Hr. Dickman: Well, I had to explain my scale. Chairman Teele: Hold, counsel, counsel. On page 14 of the transcript -- Hs. Dougherty: Yes, sir. Chairman Teele: -- the verbatim minutes -- Hs. Dougherty: I'll be happy -- you want me to testify instead? Chairman Teele: -- the Chair ruled that, based upon a motion by Commissioner Winton, it does not include a continuation of additional public hearing and "The lawyers and the City staff will make the sole presentations." Commissioner Winton replies, "Yes, that's my motion." Hs. Dougherty: All right, then I will do it, to the bestl can. This is a -- comes out of a treatise by Elizabeth Plater Zyberk, who is the architects that you have just hired to do your master plan. It says, what is the relationship -- the best relationship per thoroughfares, and it's (INAUDIBLE) , and that's exactly -- Hs. Thompson: Excuse me, Lucia. Lucia, you need to hold the middle of the mike. Hs. Dougherty: Thank you. What is the perfect spatial relationship of a sfreet to a building? And they said, it's one to one. One -- in other words, the sfreet should not be any wider than the height of the building. That is the case. That is actually the case in this case. If you turn this as -- on its side, you will see that the building is no higher than the sfreet. There it is. There it is in plan. What we've done here -- Commissioner Winton: I don't get it. Hs. Dougherty: In other words, the street, the face-to-face of the two buildings should be proportionately the same size of the building on each side. That's the perfect. Now, the other ones are fine, and it's not exactly the -- OK. You've asked for scale, proportionate scale. Commissioner Winton: No. I got -- I understood the question. Hs. Dougherty: All right. Commissioner Winton: But don't understand this -- Hs. Dougherty: The concept. Commissioner Winton: What you said here. I'm a little slow. Hs. Dougherty: Right. Here's Elizabeth Plater Zyberk's book. It says, one to one, the relationship to the building to the street. Commissioner Winton: Show me right there what -- how that -- the one-to-one seem simple, but I still -- City ofMiami Page 146 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Ms. Dougherty: This is Kubik building. Here's the town house units or the studio units. Here's the height of the building; step back, here's the second height. If you turn this building on its edge, it's no taller than the width of the sfreet. It's essentially the same. Chairman Teele: In other words, if you lay the building down -- Ms. Dougherty: That's right. Commissioner Winton: -- it should be no wider than the street that it fronts. Ms. Dougherty: From building to building, OK. That's the relationship of buildings to streets. That's the perfect scenario. On the other hand, there are other scenarios that are equally as good, but that's what he would have showed you. The other thing that he would have showed you is that what you have here is a massing scale of buildings as if under your new Code. I'm going to take these off to show you what exists there today, but this is what you can build under your new Code. This here. Again, this is C-1. This is R-3. This currently is office district. These buildings that are in black is what is permitted as of today. I've also passed out a copy -- you know, a year ago, if somebody would have said to me, you're going to have trouble getting a project approved that is architecturally significant, and its residential project starting units at three hundred -- 200,000 above -- Commissioner Winton: Hold it in the middle. Ms. Dougherty: OK -- in an island -- and I showed you the zoning map -- in an island, in the middle of U.S.1, surrounded by commercial office and C-3, I would have told them they're crazy. How could this be? A year ago, I would have really said that, but then, I realized, and so did the clients, that we did have problems and we worked with our neighbors, and we got their support. Some of them we couldn't get their support, but we worked really hard and we got the support of many of the significant neighbors, including the neighborhood association in which this building is located, but last weekend -- because we had these models out two weekends in a row -- we had heard, no one saw it, so we made another special event where people could come to our building at Soyka and see the model for another three hours. You know how many people showed up? Three people, but it gave me a chance to realize what this building means, because I've been to Soyka's 10 times. I've eaten there, I'm sure as you all have. Has anybody ever walked up and down the street? It's a really special commercial enclave that he's created there that didn't get before. I get it now, and what's the problem? You have shopkeepers on that island who -- on that street who said to us and the Planning Advisory Board, we have break-ins in our cars once a month, or the buildings once a month. Every month there's some sort of crime. What will this building do for this neighborhood? It will make sure there's eyes on the sfreet and people in those shops, and it won't have a detrimental affect atMorningside. It can't see it from Morningside. You can see that. When you're driving in Morningside, you will not see this building, particularly, if anything else -- what's this? Well, you can come and see the scale. Kind of looks like a shot glass, you know. OK, so I can only close by quoting something from the newspaper, which I couldn't say it better, but Bob Flanders said it, "The building could have been 23 stories high. The developers didn't have to do 15 meetings with the residents. They didn't have to change the project about a half a dozen times, and they didn't have to add extra parking spaces. These people have bent over backwards to accommodate the neighborhood. If all developers were like this, what a magical world this would be." (APPLAUSE) Commissioner Winton: No. Excuse me. There's no clapping, no cheering, no booing, no nothing. Thank you. Ms. Dougherty: Thank you. Thank you very much. (UNINTELLIGIBLE) asked me to pass City ofMiami Page 147 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 around a picture that is taken directly in front of our sites, so you could see the urban context of this building, and you see behind it Palm Bay and what's this building? So you can see that this is a real urban street. Commissioner Winton: You only have one picture? Hs. Dougherty: That concludes my presentation. Chairman Teele: All right. Counsel, you have about five minutes left and you're concluded, so that always looks good. Thank you very much. Hs. Dougherty: Thank you. Chairman Teele: Would you mind removing the -- or put it off to the side? Thank you very much . All right. The public hearing portion or the final arguments by counsel is therefore completed, and the public hearing again is closed. Commissioner Winton. Commissioner Winton: I thought -- he's not going to -- Chairman Teele: No. He's finished. He went 15 minutes, and then three more. Commissioner Winton: Oh, OK. Chairman Teele: The public hearing is closed. It's show time at the Apollo. Commissioner Winton: And I guess that I'm on front and center stage at the Apollo, then. I've spent a lot of time thinking about this and was real curious to understand the presentation that would come today, and I had -- I guess I was interviewed by NBC 6 yesterday, and they wanted to see if they could pry out of me, which Joel would have yelled at me -- even ifI had a decision by then, Joel would have really yelled at me ifI would have given a decision, but I didn't have a decision because this is really -- this decision has bothered me, and it's been interesting. We've had a lot of development issues, and this place has been flooded, you know, 20 times, 30 times in the last three and a half years, and at every single turn, relative to development, when we sent the neighborhoods away to meet up with the developers, every single time, bar none, except the couple of times early on when I was elected, where I lost the 4 to 1 votes, the neighborhood and the developers reached consensus. This is the first time that that hasn't happened, but what's interesting is that, in this particular case, there are neighbors for and neighbors against, so as the elected official who's supposed to represent the constituents -- and I will also tell all of you out there that there's only been one time, since I've been elected, where I voted strictly along the lines of what the people out there wanted, only one time, and that was a development here in Coconut Grove -- Chairman Teele: I don't think you should identify that development, because that probably is going to give the lawyer a heart attack. Commissioner Winton: All right, so I won't, but it was a development in the Grove. How's that? And the entire community coalesced in opposition to that development, even though, similar to this, that development had all of its entitlements in place, and was asking for no variances, no zoning, no anything, but there was some issues. We made them all go -- and so I voted -- and worse on that particular site, the developer could do, by right, things that were much worse than they were proposing if that came to be, if that came to pass, and I told everybody that, you know, this is a tricky one. You all need to go figure it out. They figured it out. So, at the end of the day, I didn't have to make some decision between half the neighbors this and half the neighbors that, and it's a shame that this one didn't work out the same way because about half the neighbors seem to be in favor and half of them are opposed. I still don't know exactly what I'm City ofMiami Page 148 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 going to recommend here, so I'm going to talk for a minute. Because I've been -- over the course of the last two weeks, I've been in -- on both sides. I've convinced myself I'm going to vote against it. I've convinced myself I'm going to vote for it. Here's the issues in my mind: I'm looking at the scale drawings, and I hope that everyone can see these scale drawings, and this is now -- at least as far as I'm concerned, regardless of what Hr. Dickman says about what -- I didn't -- you know, he read all those numbers, so I don't know what was behind all the numbers, and I certainly don't have all those things memorized -- but subjectively, I'm looking at this building along Biscayne Boulevard and I'll tell you, that does not look out of scale to me. That building, with my eyes, looks pretty cool right there. That does not look bad, but here is the issue that really bothers me, and then I haven't figured out how to make sure that that message gets out very loudly and very clearly, and that is that -- the message that want to send to the development community, along these development corridors, not in those zones where it's crystal clear that you can build bigger structures, but along the corridors, Coral Way, 27th Avenue, Biscayne Boulevard, Le Jeune, the corridors that we've all talked about that will be the focus of phase one of our master planning process, because we recognize that that's where our problem development areas are, that will be the first and fast track part of our citywide master plan to fix this issue, but between now and then, we have an existing Code that's probably -- the foundation of which is probably 50 years old, and the zoning is tied to that, something that someone created long before anybody had any dreams of this -- of the past development wave, the wave before that, and certainly this one, so we have some real issues that we've got to cure, and so what don't want to have to do is every month have to sit here, where we're going through a battle with half the neighbors in favor and half the neighbors opposed along these corridors, and one of the things that creates this -- and here's the message that haven't figured out how I get out -- I want to send a loud and clear message to the development community that we don't want you to do assemblages along these corridors that allow you to build bigger buildings. I don't care if half the neighborhood is in favor, because the other crystal clear part is that half the neighborhood is not in favor, and I think it does, fundamentally, create some issues, butl don't know what all the law of unintended consequences are, and that's the reason we're going to go through this process . I don't know --I don't want to do the wrong thing either, butt know for sure that don't want to go through this kind of situation that we're going through right here relative to this project, and it is, in fact, assemblage which has allowed this to happen. Without the ability to assemble a bunch of individual smaller pieces, we probably -- this battle probably would have been resolved a long time ago in a very different way, but because the developers was able to do the assemblage, we have something that's much bigger, requires a MUSP (Major Use Special Permit ), all kinds of other issues, and now then we're forced to make the decision, and I can tell you, assure you, it's crystal clear -- no matter what decision we make -- we're the bad guy. If we vote in favor of we're the awful people who are totally pro development. If we vote against, oh, we're the awful total people who's trying to kill development in Miami across the board, and that's the real reality, and I'll guarantee you, when we read the story lines tomorrow, that's how it will break down. What I'm trying to get at is a decision that helps us move down the road in the right way, and does everything -- if, by way of example, I were to move a motion to accept this project, then it would be incumbent on us to do everything we could to address all of the issues that the neighbors wanted to address, excepting the fact that height, bulk and scale may not fit everybody's definition of height, bulk and scale. I'm real nervous about moving a motion to support this project for fear that it sends the wrong motion to the development community that we can, in fact, run into these corridors, do assemblages, and can count on the Commission to, in fact, approve whatever we want to develop. I'm very much afraid of that. For those of you who are opposed to this development, I will tell you, I'm looking straight at it. It is subjective. I'm not offended by this. I'm not offended by the way it looks. I'm not offended by the way it seems to sit on Biscayne Boulevard. I'm not offended by those things. I love the rest of the list here, and if you remember, at the last meeting, I was concerned about scale because I couldn't figure it out from either of the models. This is a pretty clear picture. This isn't terribly bothersome to me, and some of these other issues -- and Andrew, you didn't -- you never said, I think we got an answer, but the points 3, 4, 5, 6, 7, 8, 9 and 10, what -- you just put them on the record, but never heard how they got resolved or whether they were resolved, but some of those City ofMiami Page 149 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 issues are good issues. I'm sitting up here rambling, so I don't want to kill -- see, I'm practicing. Vice Chairman Sanchez: As J.L. used to say, it's time to fish or cut bait, my man. Commissioner Winton: Yeah, I know. I'm going to. I'm not offended by the look of this project. I'm concerned about some of the issues that some of the neighbors -- but I have to send a crystal clear message, and there's only one way -- I can send a crystal clear message only in two potential ways. I don't want to deal with this again, and assemblage does it. If we reject this -- I don't know whether I have the votes to reject it -- but ifI introduce a motion to reject it and, one, that message is crystal clear. I don't want to get the law of unintended consequences going either. That sends the whole development community in a tizzy because there are areas where we have real quality development going on that we want that to absolutely continue, and we want development on Biscayne Boulevard. That's what everybody, including the people against this project, said from day one. I've had this conversation many times, while I was running for office and now that I'm elected, so the other way to send the message is to say loudly and clearly to the development community that I guess I would guarantee that if anybody else comes up -- comes to this Commission with a development plan along any of these corridors, any of our major corridors that are backed up against residential neighborhoods and have done assemblages, that I personally -- don't know if I'll have everybody else's vote -- will guarantee that I will vote against it. I don't care what the rationale is, because I don't think that the neighbors want to deal with it. I certainly don't want to deal with it. That said, I can't find the height, scale and bulk issue -- I don't see it the same way as the neighbors who are opposed to this project, and so I guess I'm going to move to -- and Lourdes, you're going to have to help me here, but I would like to move in support of this project. However, the issues related to noise and light pollution, the Women's Club, the placement of the mechanical units, the parking issue, the billboard issue -- Lourdes Slazyk (Assistant Director, Planning & Zoning): The existing residences, they were going to help -- Commissioner Winton: The existing residences -- I can't read my notes here. They were -- Hs. Slazyk: And the pedestrian safety. Commissioner Winton: The pedestrian safety. That's what that says. How do we -- I would like to incorporate all of those issues into -- if we're allowed to -- into our approval process. Vice Chairman Sanchez: As conditions? Hs. Slazyk: As a condition. Commissioner Winton: As conditions. Vice Chairman Sanchez: So, there's a motion on the floor -- Chairman Teele: Second. Vice Chairman Sanchez: -- for approval, based on the conditions that have been brought forth, and it's also been second by the Chair. It is open for discussion. Commissioner Winton: Now -- Chairman Teele: Discussion. Commissioner Winton: And I would like to ask another question of probably Lourdes, and that City ofMiami Page 150 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 is about the Women's Club, and Mr. Chairman, I hope you don't mind, there may be someone that would like to call from the audience who could help me answer this question a little better. As I was sitting here thinking about the Women's Club, would we be better served if we could preserve the Women's Club in its entirety and move it, as opposed to just saving the architecturally significant features? Move the Women's Club in its entirety to a new location, somewhere in the area and preserve the entire structure? And so, I guess the question, Mr. Chairman, if you don't mind, if there's someone out there who can answer the question -- Vice Chairman Sanchez: Commissioner Winton, you're entitled to ask questions to the expert witness, or the attorneys, or anyone in the chamber. Commissioner Winton: Well, I probably wouldn't mind hearing from a couple of people. Yes, go ahead. Mark Soyka: I'm Mark Soyka, and I'm the owner of the Women's Club. As a matter of fact, some of the women that actually congregate in the club are sitting with us over here. I made inquiries about moving the house. At first, it seem like it's an old trade that you couldn't find somebody to do it, but there is a gentleman that is business, he came; he looked at the building, and providing that there are no major cracks so the whole thing is not falling apart, which we didn't go through that, it's possible to move it. The question is, where is it being moved to? The intentions -- because obviously, I love the building, too, and the intentions were to fry to move that building somewhere in the neighborhood. Commissioner Winton: OK, then, I know whatl want to do here. Thank you for that answer. I would like to -- Joe Arriola (City Manager): Commissioner. Can I make a suggestion to you, Commissioner? Commissioner Winton: Yes. Mr. Arriola: You can move it to the entrance of Legion Park and make it a NET (Neighborhood Enhancement Team) Office. Commissioner Winton: Oh, yeah. Well, here's what was thinking. I would like to appoint a local citizen subcommittee here that will meet and help us figure out precisely where we move the Women's Club to, and report to us within 30 days, because I don't want to hold this whole thing up, so if there are those of you out there who would like to volunteer to be part of an initiative to move the Women's Club and figure out where we're going to move it to, somewhere within the area, you know, raise your hand. And, so -- Mr. Maxwell: Mr. Chairman. Commissioner Winton: Yes, sir. Mr. Maxwell: Commissioner, could I suggest that that be separate and apart from this item? Commissioner Winton: It will be -- it is going to be separate and apart. I'm not going to make - - it will be a condition. This piece will be separate and apart. I'm going to make the condition that the Women's Club -- and I haven't done that part, yet, but I'm dealing with something separate now, before Igo back to the primary conditions. The separate part is, I'm frying to figure out, one, if it could be moved? And two, where we're going to put it? So, I'm going to get a committee put together that can determine where we can move the Women's Club to, so -- Chairman Teele: Would you yield? City ofMiami Page 151 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Commissioner Winton: Yes, sir. Chairman Teele: I would recommend that you request the Clerk to just quietly make a list with the names and addresses of those people who would like to be on that committee, and keep -- consistent with the attorney -- deal with it separately, but let's get the names of the people right now. Thank you. Commissioner Winton: So those of you who want to serve, would y'all mind kind of sneaking out back here, and could somebody from the Clerk's Office meet you right here so you could give your name, and address, and phone number on that committee? Thank you. So, now, conditions . Condition on moving it, I want to -- and Mr. Developer, or Madam Attorney, I want y'all to be listening to this part, because the condition is that the developer pay the cost associated with moving the Women's Club. Ms. Dougherty: Can we have a maximum? I believe it should cost about $30, 000, and what propose is a maximum of thirty we would contribute. Commissioner Winton: No. Ms. Dougherty: No. Commissioner Winton: No. Ms. Dougherty: No. Commissioner Winton: I'm going to suggest that y'all do it for the least you can, with a maximum of seventy-five. Chairman Teele: But they do it? Commissioner Winton: They do it, because I don't want to be short and then, all of a sudden, I've got another battle going on about where we're going to find the money to get it done. Chairman Teele: (INAUDIBLE) getting it done. By the time they get a bid and argue about environmentals -- Commissioner Winton: Andrew. Mr. Dickman: I have one request, ifI could. Commissioner Winton: Yes. Mr. Dickman: That the move -- the actual lifting up and moving of this structure would not occur until their construction loans are in place, so that in the event that -- Commissioner Winton: That's a great point. I buy that. Mr. Dickman: It -- you know. It's an unnecessary move. Commissioner Winton: I buy that. Ms. Dougherty: I didn't hear you. Commissioner Winton: His request is that the actual movement of the house not begin until you have your commitment for financing the development. I think that's fine because his point is, if City ofMiami Page 152 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 for -- Ms. Dougherty: I agree. Commissioner Winton: -- Lord knows whatever reason development, no sense in moving the house, so I would agree with that, and you -- so they accept that condition, as well. Ms. Dougherty: There are two questions that I have. Commissioner Winton: OK. Ms. Dougherty: I want to make sure that you all -- we're talking about the building that was proposed with the bonuses, and secondly, if you all want us to put the town houses on 4th Court, you have to increase the number of square feet to by about 9,000. Commissioner Winton: I didn't understand. Ms. Slazyk: One of their proffers in these conditions with the neighbors was that they would line 4th Court with town houses to also just reduce the impact on that site. In order to do that, she's saying they need more square footage, so the -- Commissioner Winton: How many more, 9,000 square feet? Ms. Slazyk: 9,000. Commissioner Winton: 9,000 square feet? Ms. Dougherty: You would have to make that a condition to put the town houses with -- Commissioner Winton: If you want town houses, I mean, I don't have a problem with -- 9,000 square feet doesn't make any difference here, if you're going to get liners on there. Ms. Slazyk: Right. If you make the condition that town houses be added there, then we review that when we sign the building. Commissioner Winton: OK. Andrew, shake your head yes or no. Do you want town houses? If you're going to get town houses, it takes 9,000 more square feet, so if you want the town houses, I'm going to allow them to have 9,000 square feet more. Mr. Dickman: We're in disagreement with that. Commissioner Winton: OK, so no liner town houses. Vice Chairman Sanchez: All right. Mr. Dickman: We're in disagreement with the whole project. Commissioner Winton: That isn't what I asked you. Oh, OK, fine. I -- you know, if you want me to ask you -- if you want it, then you better give me an answer. If you're going to stay focused on the big picture, then I won't ask you the small points. Vice Chairman Sanchez: All right. Commissioner Winton: I'm going to give you one more shot. Your demand -- your request was for liners on 4th Court. Do you want the liners? City ofMiami Page 153 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Mr. Dickman: We're opposed to this project, for the record. We opposed it. Our main issue was scale, bulk and height. Nobody is willing to work on that issue, so for the record, we're opposing it, and I don't want to get here and start redesigning this. Commissioner Winton: Got it. No problem. So, I think that the -- I don't think we do the liners. I don't think you have the 9,000 square feet or whatever that number is, so -- Ms. Dougherty: OK, but we do have the bonuses that we requested. In other words, the reason that we -- our project -- in other words, we're asking you to approve the project as recommended by the Planning Advisory Board, which includes 20 percent of the bonuses that we could otherwise allow. In other words -- Commissioner Winton: Lourdes, help me here. Ms. Dougherty: -- the project that we proposed has 30,000 square foot of retail on the outside. That -- Commissioner Winton: On fronting on Biscayne Boulevard. Ms. Dougherty: That's right. We can turn that inward. We don't need the bonus. Because it's outward, we need the bonus of 20 percent. Commissioner Winton: Explain why that is. Ms. Dougherty: Because if it's accessory retail defined as something that you enter from the lobby, it does not require -- it's not counted torwards FAR, but because it's not accessory retail, meaning that you can reach -- reach it from going into the public street, then it's counted towards FAR and we, therefore, need the bonus. Commissioner Winton: All right. Lourdes, you have to help me here. In terms of square footage of the project, if you took the bonus away, which meant the retail on Biscayne Boulevard would go away. Ms. Slazyk: Either that or they would have to remove the equivalent amount of square footage from units in the project, which was the intent of that condition. Chairman Teele: Are you saying units or height? Commissioner Winton: I don't know. I'm just totally confused. Ms. Slazyk: The project requested a Major Use Special Permit for the Planned Unit Development, which included an FAR increase. The amount of square footage they were requesting as FAR increase is what they put as their ground floor retail that opens out to the public. If they eliminated that retail opening to the public and just pulled it inside for use of their own residence, then it doesn't count as FAR on a residential project. The Planning and Zoning Department -- Commissioner Winton: But do they end up with the same square footage of the building? Ms. Slazyk: Same square footage, but it doesn't count if it's accessory to the residential project. Commissioner Winton: Well, let me see ifI can do this just from a pure number standpoint. Let's say the project is 200,000 square feet. City ofMiami Page 154 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Ms. Slazyk: Correct. Commissioner Winton: That's what the project started as. Now, I'm going -- 200,000 square feet. I don't have any retail on the outside. I've just got a 200,000 square foot building with no exterior retail. Now, I'm going to get exterior retail, which gives me the bonus, 20 percent bonus Ms. Slazyk: You don't need to do the retail to get the bonus. What they did was applied their bonus to the retail. Commissioner Winton: Oh, but the bonus could be applied to more units. Ms. Slazyk: It could be applied to units, so if you get rid of the bonus, you could tell them to get rid of the retail or get rid of the units, additional units, which, in this case, is about 30 units. Ms. Dougherty: Just to make it clear, this -- Commissioner Winton: I could tell them -- wait, wait, wait, wait, wait. I could tell them to get rid of units or retail? Ms. Slazyk: You could make a condition for either one. The recommendation from the Planning and Zoning Department was that the bonuses not be granted. The developer was saying that if the bonuses aren't granted, all we're going to do is keep the exact same building and turn our retail inward, and what we're saying the intent of that -- Commissioner Winton: Which gets rid of units for them. Chairman Teele: No. Ms. Slazyk: No, it doesn't. For them, it wouldn't get rid of units, but the intent of that condition was to eliminate some of the units and maybe bring the project down by an additional floor, and that -- Chairman Teele: But hold on one minute. Ms. Slazyk: Which went to scale. Right. Chairman Teele: I -- hold on -- I thought the motion was to approve -- Ms. Slazyk: Correct. Chairman Teele: -- the Director's recommendation. Ms. Dougherty: No. Ms. Slazyk: No. Well, it's the Planning -- well, do you want -- the Planning Advisory Board recommended giving them the bonuses. Chairman Teele: Excuse me. Excuse me. Ms. Slazyk: So -- Chairman Teele: I thought I was seconding a motion to approve the Director's recommendation. Ms. Dougherty: I thought you were approving the project as proposed. City ofMiami Page 155 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Commissioner Winton: When I made the motion, I wasn't focused on the -- I kind of left the -- the bonus thing kind of floated away in my mind, so, I'm -- that's why I'm brining this up. Chairman Teele: But there's two separate recommendations. Commissioner Winton: Yeah. Vice Chairman Sanchez: Yeah, but we need to clarify all those conditions that you wanted to put on the record, that you have not completed them yet. Commissioner Winton: Well, I'm frying to understand this bonus thing here, and then I'll know where I'm going to want to go, butl don't get it yet. Chairman Teele: The two recommendations -- as I understand it, one recommendation, which is a professional staff would require them to have the resident -- the retail oriented along Biscayne Boulevard, but would not grant them the additional units, the 30 units -- 30 -- Ms. Slazyk: Right. Our recommendation -- because it wasn't specific as to what should come out from the bonuses, the developer's saying they would just turn their retail inward and it would be exactly the same building. What I'm saying, the intent of that recommendation was that it be applied to reduction of units. The Planning Advisory Board actually disagreed with that and recommended approval with the bonuses so they would keep the retail and the units. Commissioner Winton: Well, I'm not talking to the Planning Advisory Board. Ms. Slazyk: Right. I'm -- Commissioner Winton: I'm talking to you. Ms. Slazyk: That's why -- no, but that's what Lucia assumed that your motion was for the Planning Advisory Board. Commissioner Winton: Well -- but I'm trying to understand, ifI follow your recommendation, what is the net effect on this project? And I still don't get it. I understand -- Commissioner Regalado: It says here, Johnny, recommended approval with conditions. That's her -- Commissioner Winton: No, no, I know -- Ms. Slazyk: The net effect is about -- Commissioner Winton: But want to know what happens to the building. If I'm following her -- Ms. Slazyk: About 30,000 square feet less of FAR, which could be about 30 units or elimination of retail altogether. Ms. Dougherty: Or turn the retail inside out. You could have exactly the same building, only put the doors on -- Commissioner Winton: I don't get that -- I don't understand -- and I'm not talking to you. I City ofMiami Page 156 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 don't understand how what Lucia says can be the fact. Ms. Slazyk: OK. Commissioner Winton: How can you eliminate 30,000 square feet and the building's still the same; I've just turned my retail in? I don't get that. Ms. Slazyk: In a major residential building or hotel building -- you know how in the lobby there's a little gift shop? Commissioner Winton: Yeah, I do, but I -- Ms. Slazyk: Those things don't count as FAR, so if they remove 30,000 square feet of FAR by just turning all of this little retail into internal, accessory retail for the use of the residents, then they could keep the exact same size building, and be 30,000 square feet less of FAR, and that's what their interpretation -- Commissioner Winton: They lose FAR, but they don't lose any units? Ms. Slazyk: They don't lose any units or any square footage. Commissioner Winton: Oh, that's that other quirk in our current stupid Code -- Ms. Slazyk: Yes. Commissioner Winton: -- that -- OK. The same issue we dealt with across the street. Ms. Slazyk: That's correct. So, what I'm saying for the record, is the intention of that condition was that units be eliminated and the retail remain the way it is. Commissioner Winton: Now that I understand that, then my motion -- because I think it would be awful public policy to have that long run there with no retail at the street level. I think that would be totally ridiculous, so my recommendation is going to be with conditions, but that the bonuses stay in place, provided that those bonuses are all directed towards the retail at street level, particularly on Biscayne Boulevard. Ms. Slazyk: OK. Vice Chairman Sanchez: All right. Ms. Slazyk: All right. So the motion would be for approval with the conditions that we read earlier, regarding the mechanical equipment, parking validation, pedestrian safety, assistance for the existing residents for relocation and three months' notice; the Women's Club -- to move the Women's Club; developer to pay the cost up to a maximum $75, 000; address in the condo docks, the light and noise issue, and not renew any billboard lease for the existing billboard on the property, and with the condition that the bonus square footage be applied for street level on Biscayne Boulevard, in particular, retail and pedestrian services. Vice Chairman Sanchez: Commissioner Winton, are you satisfied with those conditions? Commissioner Winton: Yes, I am. Vice Chairman Sanchez: OK. Commissioner Teele, you're recognized. Chairman Teele: I have two concerns, Lucia. The first one is, there are some small businesses, City ofMiami Page 157 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 one place that I get my car washed. Ms. Dougherty: And I believe he's here today supporting the project. Chairman Teele: But I'm more concerned about will the structure still have a car wash in the area somewhere? You guys are laughing, but let me tell you, there's about 10 people working there and feeding their families everyday -- Commissioner Winton: From your district. Chairman Teele: -- that live in this district that I represent, and candidly, with all due respect to Mark Soyka, who's standing here, that development, as it currently exists, is probably the best example of what America should be in terms of a workforce in anywhere in City ofMiami, including the beach. The workforce is totally reflective of this community, and I'm just frying to make sure we're not going backwards from all three major groups of the community. It is a -- the entire 55th Street station is a replica -- is a vision of where America should be. Vice Chairman Sanchez: Tomas. (APPLAUSE) Mr. Soyka: Leo is here. Where's Leo? Leo Car Wash is staying. If there was statements that Leo Car Wash is not staying, it's not true. I was talking to Leo the other day, and one of the things that we are considering, considering -- because I love the car wash as much as you do, and I like the whole move of the car wash. Chairman Teele: But I don't have as many cars as you do, or as many nice cars. Mr. Soyka: There was one other thought that I spoke to Leo, and we're going to try and see if it's possible, because there's one more building that is at the end of the parking lot that we can also keep Leo at Soyka, and possibly move Leo to the building which we call the funeral home, which is right by the Soyka parking lot, but right now, there's no changes, and if anybody read something like that, it was wrong, wrongly stated. Chairman Teele: Thank you for clarifying the record. The other issue is -- you may just want to hang around -- the billboard issue. What is going to happen and why -- I mean, if we're frying to work citywide in this area to minimize the impact -- and I'm really surprised, because some of the loudest critics of the billboard appear to be in the audience -- what is the -- why can't -- Mr. Soyka: The billboard -- Commissioner Winton: I don't think he's here. Mr. Soyka: The billboard themselves are -- at least it's -- we all know is very, very large companies that basically -- if you look at all the billboards, they're all, more or less, owned by the same people -- Chairman Teele: Two or three companies. Mr. Soyka: -- at least in this area, and they have a lease, and there's nothing that a landlord can do unless -- Chairman Teele: But be very careful, Mark, because if we were to ask you to proffer a cancellation of the lease, provided the billboard company agreed to it, would you be willing to do that? City ofMiami Page 158 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Mr. Soyka: I -- for me, the problem -- if the City has a way to deal with this billboard when it comes to -- Commissioner Winton: We have a mike. Chairman Teele: Yes? Mr. Dickman: We have a court reporter here who would like to change her paper, ifyou could give me five seconds? Chairman Teele: Please. Mr. Dickman: Thank you. Chairman Teele: Just hold it -- Mr. Dickman: Thank you. Vice Chairman Sanchez: Are you ready? Chairman Teele: Mark. Vice Chairman Sanchez: Court reporter ready. Mark. Chairman Teele: Mark, the point is this, we can't require you to do anything. I'm not sure if we can or can't, butt wouldn't want to. But if you would be willing to proffer, voluntarily, which is one of the main things that the opponents -- one of the things that they -- six or seven issues that they read into the record, that you all would -- the billboard -- that you all would proffer to cancel the lease -- billboard lease -- Mr. Soyka: Not to renew, will be the word. Chairman Teele: No, no, no, not to renew is different. Not to renew is totally different. Ms. Dougherty: That's the only (INAUDIBLE) Chairman Teele: That's not what asked, Lucia. You can do whatever you'd like -- if you want to proffer that you all would offer to cancel the lease of the billboard, if the billboard company would agree to allow it without recourse to you or indemnifying you, in any way, would you be willing to do that? Mr. Soyka: Yes. Chairman Teele: Then, counsel, would you like to state on the record what the proffer would be? Mr. Maxwell: Mr. Chairman -- Mr. Soyka: No. I must, if-- I'm not sure, legally, how it works. Chairman Teele: Counsel. Ms. Dougherty: There is a lease -- as I understand it, from talking to him in the past, there -- he has a lease with the billboard company. City ofMiami Page 159 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Commissioner Winton: We understand that. Ms. Dougherty: He has agreed to -- not to -- Commissioner Regalado: Lucia, Lucia, Lucia -- Ms. Dougherty: Yes, sir. Commissioner Regalado: As you know, the City is involved in possible -- Ms. Dougherty: Correct. Commissioner Regalado: -- out -of -court settlement with companies. What the Chairman is saying, that if the company would agree, if the company -- Ms. Dougherty: Absolutely. Commissioner Regalado: -- would agree, at no harm to the company -- Ms. Dougherty: At no harm to Mr. Soyka, yes. Commissioner Regalado: -- and he has said, yes. Chairman Teele: No harm to him. Commissioner Winton: No harm to him. Commissioner Regalado: No harm to him. Chairman Teele: Primarily. Commissioner Regalado: And the company -- I mean, no harm -- well, I mean, to him -- Mr. Soyka: If it can be done and I don't have to suffer legal suits because of it -- Commissioner Winton: That's what we're saying. Mr. Soyka: -- then I'm fine with it. Commissioner Winton: OK. Vice Chairman Sanchez: All right. Chairman Teele: Thank you. Vice Chairman Sanchez: Anyone else? Chairman Teele: Thank you very much. Commissioner Winton: So are we clear that that's a part of the condition? Ms. Slazyk: Yeah. I put in here that -- Vice Chairman Sanchez: We're clear with the motion and the condition. City ofMiami Page 160 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Ms. Slazyk: -- no renewal of the lease renewal of the lease. However, if the company agrees, they would remove it sooner. Chairman Teele: I would just like to get counsel to proffer that on the record, so that it's not some -- Lucia, I'm trying to get counsel to proffer that on the record, so that it isn't -- Ms. Dougherty: We agree with that. Chairman Teele: You agree with what? Ms. Dougherty: That in the event that the company allows us to cancel the lease without any harm to Mr. Soyka, we will do so. Chairman Teele: Thank you. Ms. Slazyk: And one other clarification, for the record, on the movement of the Women's Club, I forget to put when I read it a moment ago, that there would be no movement until the construction loans or financing is in place. Now, we're clear. That's -- Commissioner Winton: Until when? Ms. Slazyk: The construction loans financing in place. Commissioner Winton: Right. Vice Chairman Sanchez: All right. Any further discussion on the item? Commissioner Winton: Let me -- yeah, I want to ask Lucia one more -- I mean, Lucia. I want to ask Lourdes another question. I want to come back to this because I was quick to jump there, and I'm bothered by the public policy ramifications. If this project gets built, the 4th Court exposure there, where somebody had asked, I guess some of the proponents have asked them that -- to put town houses lining 4th Court there, and then they said, well, we need 7,000 square feet more, or whatever that number was, in order to line -- do the town house liners along 4th Court. From a -- I can't tell what's along 4th Court right now. What is there? What is that wall along 4 th Court, if you don't have liners? Ms. Slazyk: Without the liner, I think there was some retail back there, but that's also the side where they had curb cuts into their parking area, so what the liner does is it changes from a commercial to a residential character, which -- you know, the homeowners didn't specifically ask for liners on 4th Court. What they wanted was -- it came out when they were talking about the impact, and this was something developers proffered to reduce the impact because residential has less of an impact than the retail on more cars and people parking in the neighborhood, and it went to that whole broader issue, so it would either be retail or residential. Commissioner Winton: What's your recommendation? What makes the most sense along that street or do you know? Ms. Slazyk: That street faces more of a commercial corridor than a residential corridor because that's what faces where Soyka is -- Commissioner Winton: Soyka is and all that is. Ms. Slazyk: -- and the parking lot for Soyka, so I tend to think that in -- from a pedestrian activation standpoint, with commercial on the other side, it would probably make more sense to City ofMiami Page 161 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 be commercial. Commissioner Winton: OK. Vice Chairman Sanchez: All right. Commissioner Gonzalez: All right. Commissioner Winton: Done. Vice Chairman Sanchez: Let me just state something for the record. Commissioner Winton, I commend you for making a very, very tough decision. First of all, this is a project that everybody knows in this community. I mean, it's a very popular project, but let me tell you, the decision that you made, I feel it's the right decision, because you addressed a lot of the concerns and conditions that were really up -- back and forth, but we live, I think, in the best country where we are able to have democracy, where we're able to come here and debate things healthily . We're able to have healthy debate, and we're able to compromise, and this is a perfect example of what we could accomplish here when we work with the public. Of course, the public's not always -- you know, you're not always going to get what -- your side. There's always going to be opposition, but let me just say thatl think that, in the future, this project will bring great things to this -- to that community. The Upper Eastside is a very vibrant, up and coming community. As a matter of fact, it's the fastest rate economic corridor, I think, in the City that's growing, so this would enhance that area. The project itself I don't see it out of scope. I think it's going to be great for that community. I think that people are going to move into the area. It's going to provide more jobs. It's going to provide businesses. It's going to help the business around there. It's going to provide a pedestrian connecting one point to the other, so I just wanted to state that, you know, in the last Commission meeting that we had, you know that was in favor of the project, with certain conditions, and basically when it comes in front of us and we have all these recommendations that have been made, this project went through all the hoops, and basically, it came in front of us with all the recommendations, so once again, I want to commend the Commission, and I want to commend the public for being very involved, and at the end, I think it's going to be something that maybe, not today, the side that ended up not winning or getting what they wanted, but five or six years down the line, everybody's going to be very proud of that project being located in that up and coming area, which is a great community. Thank you. (APPLAUSE) Commissioner Winton: Well -- Vice Chairman Sanchez: All right. Commissioner Winton: I want to say one more thing. I will -- in response to what you said, I don't feel any greatness out of this decision, I can tell you. I'm troubled by the project, and I want everybody to be crystal clear, particularly those from the development community. I will do -- we have a new overlay in place, butt will assure you that will do everything in my power to people who try to do assemblages and put bigger projects on Biscayne Boulevard in those zones where you abut single-family neighborhoods, I am not -- I will do everything in my power to put every obstacle in place to that kind of development, if y'all in the development community are sweeping up Biscayne Boulevard, or Coral Way, or any of these other corridors we have single-family neighborhoods right there to do assemblages. Build on the parcels that are there. Vice Chairman Sanchez: And, Commissioner Winton, we -- when we say "we," we say this ( UNINTELLIGIBLE) in this City. We're working on that through the Neighborhood Comprehensive Plan and the new City Master Plan. I mean, we're addressing these issues City ofMiami Page 162 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 because we know that the growth in the City -- I mean, we're -- every day there are new projects coming into this City that are either in the pz (planning & zoning) process, or some of them are already going up, and the City's growing, so we're going to have to address -- and I think with those two mechanisms in place, we'll be able to address -- to protect some of the areas from some of this development that's going on, so having said that, there's a motion and a second. Commissioner Regalado: Chairman. Chairman. I think that you're right, Johnny, but it's not your fault. It's not our fault. It's just the way the Code, and the way that laws and regulations are written, but I tell you something. I would have voted for it, for one reason: The developers went back, and went back, and went back to accommodate neighbors. Had not been for that, I probably, most likely would have voted like you, no, because we're trying to do the same thing for this part of town, this neighborhood, but it was the attitude of the developers in this area, who refused to meet with the residents, who even didn't want to disclose who they were, that brought into themselves this moratorium that we have, if we have a moratorium on 27th Avenue, so I -- you know, you're right. Count me in the next one, in terms of residential, because I have to follow a pattern. I cannot jump from one side of the other -- of the issue, and I have always have. I think that we got to fix this. I think that we need to establish some rules and regulations, but the message here, I think, is not "we did this for the developers." The message here, I think, is we approved this because the developer went back, and back, and back and met with the residents, and as a result, they got 50 percent -- I mean, Bush won, by 527 votes, the presidency, I mean, you know, if they got 51 percent of the residents. I think that the message should be, developers should meet with the residents. Developer should listen to the residents. This is not happening in 27th Avenue. It did not happen in Coral Way, and that is the problem that we have now throughout the City and, you know, today, at 5 p.m., I think, there is a group out there that is holding a press conference. All associations of residents are uniting to fight this kind of thing, so the next time it comes here, it's not going to be only Johnny's issue; it's going to be Joe's issue, Angel's issue, Art's issue, and my issue because we're going to have all the neighbors association behind -- opposition to one project, or supporting one project, so I just say that it's important that the message here is understood, that developers should talk to the residents and, you know, 51 were convinced, well, God bless them, but that (UNINTELLIGIBLE), so don't feel bad because you did send the right message to the developers. Vice Chairman Sanchez: All right. There's a motion and a second, with conditions. Mr. Maxwell: Mr. Chairman. Mr. Chairman, just before the vote, ifI may. Just for the record, ifI may, Commissioners. The comments that were made regarding the neighbors that were for or against, even though that's information that you've indicated that was helpful to you in making your decision, as I understand it, you're making your decisions based on the fact that the evidence that's been submitted on behalf of the applicant was persuasive to you, and you do agree that that is the decision -- basis for your decision; correct, sir? Vice Chairman Sanchez: Well stated, counsel. All right. There's a motion and a second, with conditions. Madam Clerk, roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: You have a unanimous vote. Vice Chairman Sanchez: All right. (APPLAUSE) PZ.2 04-00296b ORDINANCE First Reading City ofMiami Page 163 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A 120- DAY TEMPORARY MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR ALL DEVELOPMENT ORDERS FOR DEVELOPMENT IN EXCESS OF 40 FEET IN HEIGHT, EXCLUDING ONLY SUCH PERMIT APPLICATIONS THAT ARE COMPLETE AND FULLY APPROVED, SUCH TEMPORARY MORATORIUM TO APPLY TO ALL PROPERTIES LOCATED ON THE SOUTHWEST 27TH AVENUE CORRIDOR FROM CORAL WAY TO US-1, EXCLUDING ONLY SUCH PROPERTIES LOCATED ON THE WEST SIDE OF THE CORRIDOR AND LOCATED BETWEEN US-1 AND SOUTHWEST 25TH STREET; PROVIDING FOR ADMINISTRATIVE AND JUDICIAL REVIEW; PROVIDING FOR DISSOLUTION UPON COMPLETION OF THE 27TH AVENUE CORRIDOR STUDY OR THE EARLIER OF 120 DAYS OR THE EFFECTIVE DATE OF THE CURATIVE ORDINANCE ADDRESSING THE REMEDIAL EFFORTS AND IMPLEMENTING STUDY RESULTS IN WHICH CASE THIS ORDINANCE SHALL BE REPEALED; PROVIDING FOR A REPEALER PROVISION ON THE EFFECTIVE DATE OF THE REMEDIAL ORDINANCE AND AN IMMEDIATE EFFECTIVE DATE. 04-00296b SR Fact Sheet.pdf 04-00296b PAB Reso.PDF 04-00296b Legislation - Modif.PDF 04-00296b Exhibit A - Aerial Map.pdf 04-00296b FR Fact Sheet.pdf 04-00296b Legislation.PDF 04-00296b - submittal.pdf 04-00296b - submittal 2.pdf 04-00296b - submittal 3.pdf 04-00296b - Catalonia memo.pdf REQUEST: To Establish a 120-Day Temporary Moratorium APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval, excluding only such applications as are complete, to City Commission on June 16, 2004 by a vote of 5-1. This item is related to File ID 04-00296 and 04-00296a. PURPOSE: This will establish a 120-day temporary moratorium on the acceptance of all development orders for development in excess of 40 feet in height for certain properties located on the SW 27th Avenue corridor from Coral Way to US-1. DEFERRED A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and was passed unanimously, to DEFER item PZ.2 to the Commission meeting currently scheduled for June 24, 2004, to be heard after 6: 30 p.m. Direction to the City Manager by Commissioner Winton to coordinate a meeting with Commissioner Regalado and all the affected staff in connection with the proposed moratorium of development along the S. W. 27th Avenue Corridor to explain all aspects of this issue; further City ofMiami Page 164 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 instructing the Manager to ascertain that the administration carries out all Commission directives. Direction to the City Attorney by Chairman Teele to review with the Manager everything about item PZ.2 to ascertain that the matter can be taken up by the City Commission for first reading at the June 24, 2004 Commission meeting and second reading scheduled for July 8, 2004. Chairman Teele: PH.2. Public Hearing Item Number 2. Commissioner Regalado: PZ.2, Mr. Chairman. Joel Maxwell (Deputy City Attorney): For the record, Mr. Chairman -- Commissioner Regalado: Mr. Chairman, it's PZ.2. Mr. Maxwell: Just for the record -- Commissioner Regalado: PZ.2. Mr. Maxwell: -- PZ.2 is an item that was advertised for this hearing prior to -- Commissioner Winton: You might as well waitfor two --Arthur, you might as well waitfor two minutes. Mr. Maxwell: -- a decision -- Chairman Teele: Well take a 10-minute break, 10-minute break, 10-minute break. Commissioner Regalado available? Madam Clerk. Priscilla A. Thompson (City Clerk): Yes, sir. Chairman Teele: We have only a few items left. Would you look through the record and make sure that we have a list of all the items that are left? Ms. Thompson: Sure. Chairman Teele: What I'd like to do, until Commissioner Regalado gets here, we have a very important discussion item relating to CL UC-90 (County Land Usage Code). Is the Community Development Director -- is there a manager here? Is Barbara Rodriguez here? All right. We'll take that item up right after -- Commissioner Regalado: Mr. Chairman -- Chairman Teele: We'll take that item up right after the PZ.2. Commissioner Regalado: PZ.2 is an ordinance and it was placed on the agenda, butt was told that we won't be able to make a decision today. This is to establish 120-day moratorium. I saw different residents of the Silver Bluff area. I just want to understand what happened with this. Mike. Lourdes Slazyk (Assistant Director, Planning & Zoning): There we go. This item, PZ. 2, had been originally scheduled for the Planning Advisory Board ofJune 2nd, but the required notice had not been met, and we continued it to June 16th. Therefore, the City Commission -- what we're asking today is that this be continued to June 24th so that it could properly go before the Planning Advisory Board before it comes before the Commission. Now, there is already a City ofMiami Page 165 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 moratorium in place. This one is a little bit more detailed moratorium, and it has already been posted and advertised for the 16th, so next Wednesday, the PAB (Planning Advisory Board) will act on it, and we will bring it to you on the 24th. Commissioner Regalado: But I just want to understand: Whose fault is that we cannot hear this? Ms. Slazyk: I'm going to let Code Enforcement address that issue. Joe Arriola (City Manager): I'm going to be Code Cnforcement. The truth is, the folks in Code Enforcement made a mistake, and they didn't post it correcly. Commissioner Regalado: Well, remember, how many times the posting has been -- Ms. Slazyk: No, this is the only -- the first time the posting -- Commissioner Regalado: No, no, no, no. No, no. Lourdes, how many times we had to defer some of these? Think moratoriums, not this one, the other one. The first one, it wasn't noticed properly, right? Ms. Slazyk: The first one wasn't noticed at all because it came up at Commission without having been noticed. Commissioner Regalado: Right. Ms. Slazyk: Therefore, it had to go be noticed. Commissioner Regalado: Then the second, we forgot a word, the word "complete and approved Ms. Slazyk: It was properly noticed for a moratorium, and it was at that time that you asked for another moratorium in order to add the words "complete and approved." Commissioner Regalado: No. Ms. Slazyk: And that's the one before you now. Commissioner Regalado: I asked the other moratorium. I'm just trying to establish a record in front of the people here. The truth is, another mistake was made, and the word "complete and approved," that was discussed here -- and I have the tape -- we specifically said, but it wasn't placed in the first -- I just want to establish the record, because I think that it's a long list of errors and, you know, the only thing that has been said is "Sorry, we made a mistake." I think that's unfair to the residents. I think it's very unfair. I think that the City gets away with murder. You know, if the residents make a mistake, the City goes on with their process, but if the City makes a mistake, nobody cares. It's just we're sorry. As of now, the project that created all this brouhaha is going forward, right, the Catalonia? Mr. Arriola: No, a permit has not been issued yet, I don't think. Ms. Slazyk: My understanding is the permit has not been issued yet. Commissioner Regalado: A permit have not been issued? Ms. Slazyk: Has not been issued. City ofMiami Page 166 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Commissioner Regalado: Oh, OK, and the issue of the alley, it would -- it does not have to go to a public hearing, right? Ms. Slazyk: Let me get someone from Public Works to answer that. I don't know. Hold on. Stenphanie Grindell: Stephanie Grindell, Director, Public Works. To utilize the alley does not require a permit. I mean, a public hearing. To close the alley does require a public hearing. Commissioner Regalado: But if the residents were asking to landscape the alley, if that is the case, could that be -- Chairman Winton: A condition? Commissioner Regalado: No. -- could that be used -- because the only way to ingress and egress of that building will be alley, according to the plans. Ms. Grindell: I don't -- I have -- I believe that that's a zoning issue, though, not -- Chairman Winton: Joe -- Commissioner Regalado: I'm just trying to establish, Johnny, here that it's a lot of confusion about this moratorium. Ms. Grindell: No, except an alley is defined as a secondary means of access, so it cannot be used as a primary access. Commissioner Regalado: But the plans call for primary access. Ms. Grindell: I haven't seen the plans. Commissioner Regalado: Well, you know, I have -- I'm so troubled by -- because I'm fearing the next mistake, is when -- like when you step on somebody on an elevator, you know, the only thing you say is sorry; that's what the residents have been told, sorry and sorry and sorry, and I am supposed to be their representative. I cannot represent them, at all, so you tell me what to do. You tell me the options that I have. I ask the members of the Commission, you know, what options that I have, because I don't have any options, so -- Chairman Winton: Well, I have a thought. Commissioner Regalado: Help me out here, because -- Chairman Winton: Yeah, because it seems to be -- because -- I don't think that -- and I'm not sure that it's anybody's fault here, but it's crystal clear you've got some questions that you don't have answers to. I don't -- I didn't understand any of the answers, myself and I was sitting here listening, so it seems to me that what the Manager needs to do is pull individuals from the affected departments that have -- there's a trail that development follows once it hits the City, and there's a number of affected departments that this -- that the plans have to go through to get approval, and I would pull the people together that have some say in this whole thing that are relevant to, you know, not the Fire Department, any of those kinds of people, but maybe -- and have a meeting with Commissioner Regalado with the plans so you can walk through and explain to him what's really -- where it is; what's going on, and what the issues are, and let him ask whatever questions he wants to ask so that y'all can give him the appropriate answers and he can be using his own thought process, as he's learning this thing about how he wants to approach this very sensitive and crucial issue. That's my recommendations, Mr. Commissioner. City ofMiami Page 167 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Commissioner Regalado: Thank you. Thank you. I guess I'll do that, and I guess we just wait, so -- Chairman Winton: Sometime tomorrow, because you may have some options. Commissioner Regalado: Huh? Chairman Winton: You may have some options. I'd do it tomorrow. Commissioner Regalado: OK. Mr. Chair, I am -- Commissioner Sanchez: Are you done, Commissioner Regalado? Commissioner Regalado: I guess. I was done from the beginning because we cannot do anything about this, but I just want to say that I am really frustrated, because nothing that I have proposed is any good, because the original intent does no exist; is that correct, Lourdes? The original intent was to stop even the buildings in process. Ms. Slazyk: Yeah, but the -- Commissioner Regalado: So you guys in the Planning Department can give a better -- Ms. Slazyk: Rewrite the ordinance, correct. Commissioner Regalado: Right. Ms. Slazyk: Yeah, the actual resolution that was passed with the direction, though, didn't say that. That's why that wasn't done. What I would request, though, is that you take this -- the PZ.2 item and continue it to a date certain of the 24th, and if you'd like a time certain, you can do that, as well. Chairman Teele: Time certain, for sure. Ms. Slazyk: I don't know what the residents -- Commissioner Regalado: Well, we need a waiver from the City Attorney on that. Ms. Slazyk: Yes. Commissioner Regalado: Just in case we forget. Ms. Slazyk: A 30-day waiver. Joel Maxwell (Deputy City Attorney): There would be no problem obtaining such a waiver, sir. Chairman Teele: All right, frame the motion, Mr. Attorney, please. Mr. Maxwell: This item is -- actually, this item is not properly before you, so it's not necessary to actually continue the item, and the staff has indicated that the item will come out of the Planning Advisory Board on the 16th and it will come back to you, properly advertised, on the 24th of June. Chairman Winton: May I -- I'm -- Commissioner Regalado, my apologies, because I wasn't in here when you started this PZ (Planning & Zoning) item. We can't take this item up; is that what I'm hearing? City ofMiami Page 168 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Mr. Maxwell: Yes, sir, that's correct. Commissioner Sanchez: It has not been properly advertised. Commissioner Regalado: Because it wasn't properly -- Ms. Slazyk: Let me explain. The proper ad was not done at the Planning Advisory Board level. This was originally anticipated for the June 2nd Planning Advisory Board. It was noticed in the newspaper and individual mail notices were sent, but the posting was not done. Therefore, it's not properly before you today because Planning Advisory Board has not acted. It is now on the June 16th Planning Advisory Board agenda, and the postings have been done, so it is already proper -- Chairman Winton: When did the Planning Advisory Board last meet? Ms. Slazyk: June 2nd, and the 16th was the next available meeting, which is next Wednesday, and we put it on that agenda. Chairman Winton: June 2nd. When did we last talk about this issue? What Commission meeting was it? Commissioner Regalado: April/May. Ms. Slazyk: It was in May, yeah. Chairman Winton: It was May. Commissioner Regalado: April/May. Chairman Winton: So there was a Planning Advisory Board meeting subsequent to our Commission meeting where this issue came up -- Ms. Slazyk: The -- Chairman Winton: -- the last time we talked about it? Ms. Slazyk: Right. June 2nd was the first available one that we could meet notice for, so it was put on June 2nd. Chairman Winton: Mr. Manager, I have to echo something that Commissioner Regalado's saying. We have a full staff that sits in that COW (Committee of the Whole) room back there, or whatever that room's called now, and frankly, I find it frustrating that we have all these staff people here. The intent -- his intent, which I sat here and helped him craft, was to have this issue before us at this meeting. We all talked about how the City Attorney was involved. City Attorney helped us. I mean, it was a real team effort to get this issue at this Commission meeting to act on it, and we got all those staff people back there. There's somebody from every department, and it isn't very satisfying that one group's not talking to the other group, not talking to the other group that let's this kind of thing happen, when it was a crucial issue that we spent -- we spent an hour just frying to figure out how we could do this, and then an administrative something or other drops the ball. I mean, that's not -- Commissioner Regalado: It's not fair. Chairman Winton: I understand why Commissioner Regalado is ticked. He should be, so I City ofMiami Page 169 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 would hope that some way or another, in the process related to these meetings, particularly when there's these kinds of really crucial issues that we're discussing, that somebody back there be responsible for shaking everybody else that ought to be listening to the issue, shake them awake and say, "Hey, we better be paying attention to this or we're going to get -- or our job might be in jeopardy if we drop the ball on this." Chairman Teele: All right. Vice Chairman Sanchez: All right. Mr. Chairman, ifI may. There is an individual that needs no introduction. She was a City employee for many years but, you know, we have with us the honorable Ana Maria Pando, who's here with us, and like to welcome her and -- (Applause) Chairman Teele: All right. Vice Chairman Sanchez: She can't stay away. Chairman Teele: Did we state on the record what office was responsible -- where is Lourdes? Mr. Arriola: Code Enforcement was responsible for the mistake, sir. Chairman Teele: The office of Code Enforcement. Mr. Arriola: Yes, sir. Vice Chairman Sanchez: Look, it's a mistake. Mr. Arriola: It's a mistake, I know that. Chairman Teele: We have a motion to defer the item, contrary to what the City Attorney has said, to a time certain. Mr. -- Commissioner Regalado, what time would be convenient for the residents, and we owe the residents an apology and I think it's very clear that it's not the Commission, but we're still responsible and we owe you, ma'am, and all of the residents an apology for this mix up. What time would be convenient, Commissioner, to have this meeting -- this hearing on the 24th? Any time you want to have it or the residents want to have it, we'll be more than happy to entertain it. Commissioner Regalado: After 6, I guess. We have so full of an agenda Chairman Teele: All right. Can we schedule this for -- if you're going to speak, you'll have to come to the mike, ma'am. Can we tentatively schedule this for 6: 30 p.m., on the 24th, as a time certain item? Commissioner Winton: Is that too late for people? Chairman Teele: No. He says after 6. Commissioner Regalado: No, because they all work. Chairman Teele: Good afternoon, and welcome. Josefina Sanchez Pando: Good afternoon. Josefina Sanchez Pando, Silver Bluff Homeowners Association, Miami Homeowners United, president. Thank you for your apology, sir, and errors are humans, but there are certain errors that harm lots and lots and lots of people. Mr. Winton, City ofMiami Page 170 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 don't go -- and we have lost a lot of time, time in which the developers have been hurrying in. Remember, we owe to you and we thank you not enough, presented and completed, yet, first human error. Completed, never got in there. What happened? We've got to go back to the first step, which is go back to the Planning Board, get -- OK, go back to the Planning Board. Second error. Somebody doesn't get notified, so since the three sacred poles of the tripod have -- one of them not present for the next board meeting. Go back again. Everything that Regalado -- and the first time we went to the Planning Board had gotten so smoothly done, and you five had helped the homeowners association so highly, got squashed by errors. Errors are committed by human beings. Every time I get, "it was a computer error." No, no, it wasn't a computer error. It was the error of the finger that punched that computer. What's the name of the owner of the finger that punched the computer? He or she made that error. It's fine, one error. Well, it's one error. Two errors, three errors, four errors from the second ofApril. What day is today? June the what? Chairman Teele: June the loth. Ms. Sanchez Pando: June the loth. It has been two months and eight days full of errors that had been putting us back. Now, you want to make good your apology, fine. Skip all the things that need to be there for the tripod and get everything done on the 24th. Let's see how many buildings sneaked in, because this is a matter of -- I don't know. I don't understand, sir. You have a law in the books, 9. -- 907.3. I memorized it. I'm bad for numbers, but I've remembered those, which gives us -- gives the small owner the right of a defense. Those people that build those buildings don't live here. Oh, they live in Coco Plum and they live elsewhere. Good for them, but there are many secretaries, teachers, postmen, policemen living in our neighborhoods, and they need protection, too, and we don't seem to get it. We need to have everybody here in place, sir, for the next -- every paper, everything. Don't send us back because something has, again, been forgotten, because we got a public out there -- in two weeks, we have put 18,000 citizens out there. Two weeks. I got 18 associations, with 1,000 members each and $1, 000 each. Two weeks. We are going to be a force coming up. I want every person to be there, please. I want to thank, once and again, Mr. Francisco Garcia, who was the person who interpreted for the homeowners. I want him there and I want everything in place. Could we -- could you promise me that, that on the 24th, we're going to get this off the ground? Call anybody who needs to come here from all ofyour offices and all ofyour departments, and get things going for us, please, sir. Commissioner Regalado: Well, we'll try. Chairman Teele: Well, I can tell you this -- Commissioner Regalado: Well, Francisco Garcia is no longer in the City, I was told just a few minutes ago. Chairman Teele: That's not true. Ms. Sanchez Pando: What? Commissioner Regalado: Francisco Garcia, I was told, is no longer with the City, the Director of Zoning. Ms. Sanchez Pando: He's the one that has to testify in front of the PBA to defend whatever interpretation of 907.3? Chairman Teele: Hold on, ma'am, please. Mr. Manager, is there -- are we dealing with rumors or are we dealing with facts? City ofMiami Page 171 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Mr. Arriola: Mr. Francisco Garcia has resigned from his post at the City, sir. Chairman Teele: Effective? Mr. Arriola: Monday. Chairman Teele: Has public notice been made? Mr. Arriola: Monday, Tuesday. I'm not sure. I don't know, sir. I'll have to check it out. Ms. Sanchez Pando: Comfortable. Chairman Teele: Huh? Ma'am? Ms. Sanchez Pando: Comfortable. That's an adjective. I'm a teacher. Vice Chairman Sanchez: (INAUDIBLE) drink. Ms. Sanchez Pando: Thank you, sir. I leave this in your hearts and in your values. Thank you. Chairman Teele: Mr. Attorney, I'm asking you, sir, as the attorney of record, to take the comments of the speaker into consideration, and would you take up a review with the management to ensure that everything is in place for this meeting on the 24th? Now, will we be able to take a final action on the 24th? Joel Maxwell (Deputy City Attorney): No, sir. That will be the first -- Chairman Teele: OK, so we need to clarify -- Mr. Maxwell: -- that will be the first reading. Chairman Teele: -- for the record -- that will be a first reading, and based upon that first reading, when could the next second reading be scheduled? Mr. Maxwell: At the next meeting that is, at least, 10 days away from that one, so -- Chairman Teele: So when is -- Ms. Sanchez Pando: That's how it was going to be done two months ago. Chairman Teele: So when is the next scheduled meeting after the 24th? Priscilla A. Thompson (City Clerk): July 8th. Chairman Teele: All right. So, just so that the record is clear, the soonest legal action that can be taken, with final action by the Commission, is July 8th, so we will not be able to meet the timelines that have been requested, but if we don't act positively -- or if we don't act affirmatively on the 24th, then that schedule will be mixed, and we want to make sure, Mr. Attorney, that your office, with the Manager's office, undertakes a review to ensure that all the documents are fair. Mr. Maxwell: Yes, sir, we'll do that, and it will require us to notice the meeting in July prior to or almost concomitant with the proposed action in June, so there's always the risk, as we have here, but we will do that, sir. Chairman Teele: Then, would you please notice -- even though it's not normal -- City ofMiami Page 172 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Mr. Maxwell: That's what -- Chairman Teele: -- would you please notice both actions? Mr. Maxwell: Yes, sir. Chairman Teele: Unless there's an objection? You don't have a problem with just going ahead and doing that notice for the July 8th meeting. Commissioner Regalado: Right. Chairman Teele: Yeah. Yes, sir. Commissioner Regalado: Mr. Chairman, this gentleman came to my office, and he said that he's one of the developers on the 27th Avenue Corridor. I didn't know him, but I told him to be here because I think that he wants to put on the record that he does want to meet with the residents, and it would be nice, since we have the Kubik thing, for him to state on the record that he wants to meet with the residents association to discuss the future development. Ms. Sanchez Pando: He has a date for it. We're -- Vice Chairman Sanchez: She needs to be on the record. Commissioner Regalado: You have to come to the mike, Josefina. I'm -- look, I didn't speak to him. I just told him that he should be here, and I asked him that he should meet with the residents. He agreed, and he's here so, you know, just if you want to put on the record the name and the name of the project. Hopefully, it's not Catalonia. Ms. Sanchez Pando: He already has a date, sir. We have met with him outside. We met with him -- Commissioner Regalado: Oh, OK. Ms. Sanchez Pando: -- the other day, and -- Commissioner Regalado: No problem. Ms. Sanchez Pando: -- we are going to meet with him -- Commissioner Regalado: Thank you. Ms. Sanchez Pando: -- if he wants to state his name and project. Commissioner Regalado: Would you? Hector Garcia: Yeah. My name is Hector Garcia. I'm the general partner for the Luser ( phonetic) Construction Group. It's located at 2301 Southwest 27th Avenue. I just want to say a few words, ifI may. Almost four months ago, in late February, I became involved in this project. The previous owner had already commissioned the architect to prepare the -- Chairman Teele: I think you better be very careful now. You're not here -- are you a lawyer? Mr. Garcia: Yes, I do. City ofMiami Page 173 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Chairman Teele: You are a lawyer? Mr. Garcia: Yes. I'm just going back four months ago. Chairman Teele: Mr. Attorney. Mr. Maxwell: No. I don't think -- I don't think that's proper for today. Chairman Teele: Why don't you and the attorney talk sidebar, before you say something that may -- you may or may not want to say it. After you talk to the attorney, we'll come back to you, wherever we are in the proceedings. Just get with the attorney sidebar, but a meeting has been scheduled. We've got your information for the record, and we would invite you to go over and talk to the attorney before -- this item is not being agendaed now, and we don't want to get the record on an ex parte kind of thing without, you know -- this is being noticed as a delay, so we don't want to have somebody that would have been here to respond to something you're saying -- Mr. Garcia: Well, I am -- I'm not -- I'm not going to bring any issues. I just want to give you facts. Chairman Teele: Why don't you just talk to the attorney sidebar, and then you can come back, if you feel you'd like to. We'll welcome your testimony. Commissioner Regalado: Well, I -- I mean, Mr. Chairman, he does -- I guess he does want to meet with the residents, so that's the whole thing. Chairman Teele: But that's the whole point, and -- Commissioner Regalado: That's the whole point of -- Chairman Teele: -- (UNINTELLIGIBLE) the reason to put anything else on the record. Commissioner Regalado: So -- Ms. Sanchez Pando: We have -- Mr. Garcia: Not only that, butt have been trying to meet with Planning, and I can't get anybody to listen to me. I have been cancelled three times. I have a meeting tomorrow with someone else by the name of Robert -- Roberto. Chairman Teele: With who? Mr. Garcia: In Planning, and I'm just as frustrated as the residents are, because I have a plan that complies and, yet, I'm being put on an agenda to stop my project on a moratorium, when I have complied with all zoning requirements, including 907.32. Chairman Teele: All right, all right. Counsel, you've put it on the record now three times, that you comply. We have no evidence of that, nor is this the hearing to do that, so I would appreciate if you would make your comments to the attorney, and we're going to -- Commissioner Regalado: And tell the attorney about Planning missing the meetings. I mean -- Chairman Teele: Well, I don't have a problem with him coming up talking about procedure, but to talk about his projects, I have a big problem with that at this point. All right. On the motion to defer the item to 6: 30 p.m., on the date stated, June 24th, the motion is by Commissioner Regalado. The motion is seconded by -- City ofMiami Page 174 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Commissioner Gonzalez: Second. Chairman Teele: -- Commissioner Gonzalez. Further discussion? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. All right. City ofMiami Page 175 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 SUPPLEMENTAL AGENDA DISTRICT 4 COMMISSIONER TOMAS REGALADO SI.1 04-00640 DISCUSSION ITEM AN UPDATE FROM THE ADMINISTRATION REGARDING PERMITS BEING APPROVED FOR BUILDINGS LOCATED ON THE S.W. 27TH AVENUE CORRIDOR. 04-00640-cover memo.pdf DEFERRED A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and was passed unanimously, to DEFER item SI.1 to the Commission meeting currently scheduled for June 24, 2004 at 6:31 p.m. Chairman Teele: All right. At this point, we need to go right into the budget issue, and this is a substantive issue. Commissioner Winton, just so that you know, we -- it's going to take a few minutes, I'm sure, to explain it, but this is a substantive budget amendment that's being proposed. Commissioner Winton: What item is this? Chairman Teele: Who is he here with? Commissioner Regalado: I have no idea. Chairman Teele: Are you -- who are you here with? Huh? Unidentified Speaker: (INAUDIBLE) Chairman Teele: What's that (INAUDIBLE)? Commissioner Regalado: What's that? What is that? Oh, but we did that already, within the framework of the other -- Chairman Teele: We deferred that item. Commissioner Regalado: Yeah. Chairman Teele: No. Commissioner Regalado: Yeah, we deferred that, because it's within the framework of the moratorium. Chairman Teele: We did not take it up. We did not take it up. What we need to do, as a scrivener's error here -- why don't you get your -- we're going to take up SI. I first, which is Supplemental Item Number 1, and I would assume, Madam Manager, that that is a companion item to Public Hearing Item Number -- I'm sorry, to PZ (Planning & Zoning) Item Number 2. Mr. Attorney, can you confirm that SI.1 is a companion item to PZ.2? Alejandro Vilarello (City Attorney): That is related to the moratorium that's being deferred to City ofMiami Page 176 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 the June 24th meeting. Chairman Teele: So would the appropriate action be to defer that item to the same meeting? Mr. Vilarello: Certainly, you can do that. Chairman Teele: Commissioner -- Mr. Vilarello: This is Commissioner Regalado's supplemental item. Chairman Teele: Commissioner, would you defer SI -- Supplemental Item 1, which is companion to PZ.2, to the same date and time as the previous deferral, which I think was June 24th -- Commissioner Regalado: Absolutely. Chairman Teele: -- at 6: 30 p.m? Commissioner Regalado: June 24th and, I guess -- July, but June 24th. Mr. Vilarello: Yeah. Chairman Teele: At 6: 30 p.m. Commissioner Regalado: 6: 30 p.m. Chairman Teele: Or 6:31 p.m -- Commissioner Regalado: Yeah. Chairman Teele: -- meaning it'll follow that item. We have a motion to defer to the date and time certain -- Commissioner Winton: We're going to be here until 3 -- Commissioner Gonzalez: Second. Commissioner Winton: -- in the morning on that date. Chairman Teele: It's been seconded. Is there objection? Commissioner Winton: We're going to be here until 3 in the morning. Chairman Teele: All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed -- Commissioner Winton: No. Chairman Teele: -- have the same right. You didn't want to be behind this budget item, OK? Thank you very much. SI.2 04-00641 DISCUSSION ITEM DISCUSSION CONCERNING AN UPDATE FROM THE ADMINISTRATION City ofMiami Page 177 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 REGARDING THE NUMBER OF UNCLASSIFIED EMPLOYEES WHO HAVE BEEN CONVERTED TO CLASSIFIED POSITIONS. DEFERRED A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and was passed unanimously, with Vice Chairman Sanchez and Commissioner Winton absent, to schedule an executive session on June 24, 2004 at 2:15 p.m. to discuss the AFSCME Local 1907/Cox vs. City ofMiami case related to classified/unclassified positions. Commissioner Regalado: We're done? Chairman Teele: We're done, with the exception of the classified versus unclassified. I would hope that we could defer that to the next meeting. Alejandro Vilarello (City Attorney): Mr. Chairman, on that issue -- Commissioner Regalado: The City Attorney is requesting an executive session for this, andl think -- you know, it's important that we do have that, and then we can discuss this in public because, Mr. Chairman, I am really, really, really concerned about the human factor here. Really concerned. This -- Chairman Teele: Motion by Commissioner Regalado to hold an executive session for the purpose, as stated by the City Attorney -- Vilarello: For discussing the lawsuit, the pending lawsuit AFSCME (American Federal, State, County, and Municipal Employees) Cox versus City ofMiami, which addresses the classified and unclassified employees of the City, and I'd like to have that at the June 24th meeting. Chairman Teele: At 2:15 p.m. Commissioner Regalado: OK Chairman Teele: Is that a satisfactory time, 2:15? Commissioner Gonzalez: Second. Chairman Teele: Motion by Commissioner Regalado, seconded by Commissioner Gonzalez. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? Thank you very much. The meeting stands adjourned. Commissioner Regalado: Thank you. DISTRICT 5 CHAIRMAN ARTHUR E. TEELE, JR. SI.3 04-00639 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 04-0305, WHICH ESTABLISHED A SELECTION ADVISORY COMMITTEE TO REVIEWAND RECOMMEND CANDIDATES City ofMiami Page 178 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 FOR THE POSITION OF CITY ATTORNEY, BY CHANGING THE REQUIRED PUBLIC ADVERTISING PERIOD FROM 45 DAYS, TO APPROXIMATELY 30 DAYS. Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0385 Direction to the City Attorney by Chairman Teele to instruct Deputy Attorney Joel Maxwell to meet with each member of the Commission in order to develop criteria to be used by the City Attorney Selection Committee in the evaluation of applicants for the City Attorney position. Direction to the City Attorney by Commissioner Winton to provide the Commission with job descriptions for the position of City Attorney in other significant large municipalities in the State of Florida, such as Fort Lauderdale, Orlando, Tampa, Chairman Teele: Now, Supplemental Item Number 3, Mr. Attorney, would you explain to the Commission why this item is here, and why we need to act on it? It's the notice regarding the -- Joel Maxwell (Deputy City Attorney): 30 days. Chairman Teele: -- position of City Attorney. Alejandro Vilarello (City Attorney): Oh. When the City Commission established the Commission -- the committee to search for the new City Attorney, or at least to provide advice to the City Commission on that subject, you identified a 45-day period. We found that in order to get it together with the time that was leaving, we needed to reduce that to 30 days. We've advertised to that effect, and we need the resolution to be amended so that it complies with the advertisement. Commissioner Winton: What's 30 days? Chairman Teele: The -- Mr. Vilarello: 30 days that the ad was placed inviting people to submit resumes for the position of City Attorney for the City ofMiami. Chairman Teele: It's more than 45 days from the action of the Commission -- Commissioner Winton: OK. Chairman Teele: -- which was already reported and is news -- and made, you know, a wide circulation, but the formal notice, as approved by the Attorney and published by the Clerk -- Commissioner Winton: Was only -- Chairman Teele: -- is actually going to be about 28 days or so. Mr. Vilarello: That's correct. Chairman Teele: And we're just trying to bring this into conformance now -- Commissioner Winton: OK. City ofMiami Page 179 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Chairman Teele: -- with -- Commissioner Winton: Got it. Thank you. Chairman Teele: So would you move -- Commissioner Winton: So move. Commissioner Gonzalez: Second. Chairman Teele: Moved and second to authorize the notice to be for the time period as stated. By way of clarification also, it means that a recommendation, or a panel of names, will be submitted for consideration by when? Mr. Vilarello: The committee hopes to conclude its work by the -- approximately the 20th of July, so we'll be able to provide the City Commission with a list of names before the end of the month. Chairman Teele: When is the Commission meeting, Madam Director -- Manager? Mr. Vilarello: The 22nd. Priscilla Thompson (City Clerk): July 22nd. Chairman Teele: And when will the committee be completed with its work? Mr. Vilarello: We scheduled interviews on the 19th and the 20th. Commissioner Winton: Well, what if you don't have anybody you want to recommend? Chairman Teele: Well, the way it's going to be is, they're going to recommend not less than three? Mr. Vilarello: Not less than three, not more than five. Commissioner Winton: What if you don't find what you really want? Chairman Teele: Well -- Commissioner Winton: The committee. Commissioner Regalado: They keep looking. Chairman Teele: The committee will find what it wants, and that is three names -- at least three names -- Commissioner Regalado: (INAUDIBLE) Chairman Teele: Whether or not the Commission wants to direct them to go back is another matter. Commissioner Regalado: But the problem here is the following: If they give us the name on the 21 st, we don't have time to interview those people for the 22nd, so you have to call a special meeting. City ofMiami Page 180 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Commissioner Winton: No, no. Chairman Teele: Well, if necessary, we would certainly do that. Commissioner Winton: I know, I know. Chairman Teele: But I think it's important that each of the names of people that are submitted be interviewed one on one -- Commissioner Regalado: Yeah. Chairman Teele: -- by each -- Commissioner Winton: Agreed. Chairman Teele: -- of the Commissioners, subject to the Commissioners' request. Vice Chairman Sanchez: But -- Commissioner Winton: But here's my point. My point isn't about either of those things. This is a very, very important hire, and I find no sense of extreme urgency in doing this. I would much rather take all the time we need and get what the committee first -- presumably, there's some -- there's a job description that defines clearly what we're looking for, and I think it's the responsibility of that committee to find that person, and if they don't like any of the candidates in this first round, throw them all out and start over, until they find three candidates that really fit what they think we're looking for, and then bring those forward. That's my view about all this. Chairman Teele: And it will be done -- Vice Chairman Sanchez: But -- Chairman Teele: That will be factored in and done, if that's the sense of the committee -- Commissioner Winton: Great. Chairman Teele: -- based upon this instruction. Vice Chairman Sanchez: Now, let me clarify the role of that committee. That committee's going to make -- are they going to make a recommendation or -- wait, but that's -- we need to define whether it's a recommendation -- Commissioner Winton: It is. Vice Chairman Sanchez: -- or providing us a list with just three names. There's a big difference, so we need to clarify that. Are they going -- Commissioner Winton: I don't want just a list with three names. Chairman Teele: That's what we're -- you're going to get. Vice Chairman Sanchez: Well, that's -- Mr. Chairman, that's why it's important to clarify that. Chairman Teele: Because that's what was instructed. Vice Chairman Sanchez: Exactly. City ofMiami Page 181 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Commissioner Winton: No. Vice Chairman Sanchez: That was what we -- Commissioner Winton: What was instructed now? Vice Chairman Sanchez: We -- Mr. Vilarello: To provide a list of not more than five -- Chairman Teele: Not less than three -- Mr. Vilarello: -- not less than three. Chairman Teele: -- not more than five. Commissioner Winton: Oh, but I thought that -- underline that -- and my apologies, ifI wasn't clear the first time, and I should have been, I guess, because I -- never dawned on me, butt was just assuming that that list would be three people that they considered eminently qualified;; that we would be extremely happy to have -- Mr. Vilarello: Commissioner, I can only -- Commissioner Winton: -- not just a list of three. Mr. Vilarello: I'm on the committee. I can only speak for myself. I can tell you that I will not recommend individuals who I do not feel are qualified to do this job, and if that list ends up being less than three, then the committee will have more work to do. Commissioner Winton: But I'm suggesting it may be --I've been through many, many interviewing processes, and I've been through those processes where we thought, in looking at the resumes, we had some great candidates; we all interviewed the candidates, and at the end of the process for that wave of people, determined that none of them fit. Threw them all out; started over again. Vice Chairman Sanchez: But -- Commissioner Winton: And I'm just suggesting that the same process ought to apply here. Chairman Teele: Vice Chairman. Vice Chairman Sanchez: Thank you, Mr. Chairman. Commissioner Winton, if that does happen, the Commission can decide that the three names, or the two names that are given to us, we're not happy with the individuals -- the names. We need to clarify what -- the legislative action that we took here, we directed the committee to come back to us, after a process, with three names, without any recommendation. The whole process here is to leave the politics out of it;; to come with three names, and out of those three names, this legislative body would select one individual. Commissioner Winton: We have the right -- if they follow the process that I described, we still have the right to throw out all three of those names -- Vice Chairman Sanchez: Absolutely. Commissioner Winton: -- or pick someone. City ofMiami Page 182 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Commissioner Regalado: Yeah. Commissioner Winton: So what I'm just saying is let them do a thorough job and bring three names that they think are outstanding candidates, and if they don't have any in that pile, don't just give us three names. Vice Chairman Sanchez: No -- Commissioner Winton: Throw them out. Vice Chairman Sanchez: But did we put -- we could always extend that time frame that we allow them to do that. I mean -- Commissioner Winton: Absolutely. Vice Chairman Sanchez: -- that's the whole purpose and, look, I agree with you wholeheartedly that we don't want to rush the process. I mean, it's a very important position. We want to hire the best qualified individual for that position, and if it doesn't -- you know, if it gets to a point where there's a deadline, we could always extend it for them to continue to search, but the thing is that when it comes to us, what we directed them to do was very simple: to come back with three names, or two names for us to select, without recommendation. Commissioner Winton: I'm -- I don't know that we're saying anything different, but I'm a little confused. I don't know if we are or not. Chairman Teele: I think what -- Vice Chairman Sanchez: Mr. Chairman, you need to clarify. Chairman Teele: I think what the Vice Chairman is underscoring is that it is the duty of this Commission to select -- Vice Chairman Sanchez: Exactly. Chairman Teele: -- the City Attorney, and not to fry to impanel a committee to recommend a person, or for that matter, to suggest a person, but to give the Commission -- Commissioner Winton: Yeah. Chairman Teele: -- a panel of not less than three or more than five -- is that correct? Commissioner Winton: Right. Vice Chairman Sanchez: Without -- Commissioner Winton: I'm in agreement. Vice Chairman Sanchez: -- recommendation. Commissioner Winton: Well, then we're -- Chairman Teele: Without a recommendation. Commissioner Winton: I'm not -- City ofMiami Page 183 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Vice Chairman Sanchez: I don't want a recommendation. Commissioner Winton: I'm not in disagreement with that. Vice Chairman Sanchez: I want them to bring the best three qualified individuals for us to select Commissioner Winton: I'm not disagreeing with that. Chairman Teele: The best -- not less than three or more than five will be the process, unless -- Commissioner Winton: We're saying the same thing. Chairman Teele: -- a vote is changed. And just so that we're all clear, the City Attorney has opined that based upon the Charter, the requisite qualifications are those qualifications stated in the Charter. Now, that in no way reduces the ability of the committee or the Commission to introduce a subjective judgment about maturity or things like that, but the qualifications that have gone out in the notice are those qualifications stated in the Charter. In other words, there's been no independent skewing or stating of what qualifications the Commission is looking for, other than those stated in the Charter, OK? Vice Chairman Sanchez: Here, here. Chairman Teele: So I just want to make sure that that's fully disclosed. Commissioner Winton: Well, has anybody read that to make sure that -- I mean, Commissioner Teele, as an example, have you read the Charter description of whatever's in there, and does that really meet -- Chairman Teele: It does. Commissioner Winton: OK. Chairman Teele: It meets the thresh -- the bare threshold, yes. I mean, it's not -- Vice Chairman Sanchez: Minimal. Chairman Teele: It meets the minimum threshold, and we -- Commissioner Winton: Which is kind of scary. Chairman Teele: Well, it is kind of scary -- and we can ask the Attorney's office to pass that out, because we've got copies of that here, so that everybody can look at it but, for example, it doesn't talk about the fact that we may be doing a lot of bond deals, and the person should have bond experience, or real estate deals -- Commissioner Winton: Yeah. Chairman Teele: -- like the Watson Island -- I mean, you know, ideally, maybe there are things that you would skew it to, but that's what, I think, is up to us to query the people about to determine if we're satisfied based upon where the City is going. Six years ago, we would have been looking for a bankruptcy or workout attorney. Commissioner Winton: Absolutely correct. City ofMiami Page 184 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Chairman Teele: I mean, you know, so -- you know, and I think that's up to the individual members of the Commission. Commissioner Winton: Well, then, may I weigh in again, because I really do see this differently. I think, bringing forward people that meet the minimum threshold is -- and if that's all that's described in our Charter -- is not -- I don't want that. I don't want to interview those people that just meet the minimum threshold. I want to meet -- and I don't know what the right job description is. I haven't seen one; I couldn't write one. I could probably have some input. You could probably write a much better one than I, and there's probably a group of people out there that could create an outstanding modern for a city like ours, what's the ideal candidate going to look like -- what's that job description look like? And in going through a search process, you almost always have to start with that. You've got to have -- you've got to know what you're looking for before you can find it, and it has to be in writing, and so, my view is, this process ought -- maybe we should back up a step and we figure out a way to create the job description that really works for our city, in this day and age, and that becomes the basis under which the committee is interviewing the candidates and moves forward three to five people who meet that high standard, that high threshold that we can then interview and make a final decision from. Vice Chairman Sanchez: But I think it gets to a point where you need to be prudent on how you do that, because then what you're doing is, you're tailoring made a job description for certain individuals, and that could -- Commissioner Winton: No. Vice Chairman Sanchez: -- it could be -- Commissioner Winton: We can approve the job description. Vice Chairman Sanchez: It could be a problem because you could say, hey, the person has to have the highest, the highest, the highest, the highest, which you're hiring the best person, but then -- Commissioner Winton: How do you know that if you don't know what your standard is? You don't know if you're hiring the best. Vice Chairman Sanchez: Well, the standard right now is the minimum -- Commissioner Winton: You don't even know what your standard is right now. Vice Chairman Sanchez: The standard right now is just the minimum threshold. Commissioner Winton: That's awful. Chairman Teele: That's the standard to submit an application, but by no means am I implying or suggesting that the members of the committee, all of whom are highly qualified -- Vice Chairman Sanchez: You could probably say, well, you must be a Harvard graduate. Chairman Teele: But -- Vice Chairman Sanchez: You know, what does that do? If you're not a Harvard graduate, you can't qualify. City ofMiami Page 185 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Chairman Teele: But I don't think anyone should imply that the minimum criteria is what is going to come forward. I think what we're trying to have is what -- Vice Chairman Sanchez: You've got to be careful. Chairman Teele: -- the Vice Chairman is talking about is an objective level playing field. The persons that each of you appointed are empowered to use their subjective judgment, and with all due respect, I think each of you should go back to the persons that you have appointed and confer with them -- and confer with them about what your standards are, so that your voice can be very clearly heard, but we are talking about people that have a very high level of proficiency in the Florida Bar in municipal -- in the area ofMunicipal and Governmental Law. Commissioner Winton: Well, I'm not comfortable with this, and I'm going to vote "no" on every candidate that's brought forward because there isn't a standard by which we're judging them. It is all subjective. The process that we have in front of us is nothing but subjective, Joe, because one person could say, I want a Harvard degree, and the other one says, I don't care if he goes to -- if he graduated from Berlin -- Vice Chairman Sanchez: Well, that's the problem. Commissioner Winton: -- and that's not what we want. Chairman Teele: Well, I -- Commissioner Winton: We want a set of standards that everybody's agreed on. Here's the job description; the kind of qualifications we're looking for, and we all agree. Vice Chairman Sanchez: The committee does that, right? Chairman Teele: Then, Johnny -- Commissioner Winton: And then the committee can interview for that. Chairman Teele: Then, Johnny, there's a compromise. There's a clear -- Vice Chairman Sanchez: Johnny, the -- Chairman Teele: There -- Vice Chairman Sanchez: The committee does that. That's the role and responsibility of that committee. Commissioner Winton: I hope -- Chairman Teele: There's a clear compromise here. Mr. Attorney, put on the next agenda a resolution of the Commission requesting or directing the evaluation committee to use the following criteria in their evaluation, and then let's have that discussion, OK? Commissioner Winton: I'm perfectly happy with that. Chairman Teele: Because -- and that'll be even before the applications have come back. Commissioner Winton: Great. Chairman Teele: Because the applications will not have to come back until when, July the -- City ofMiami Page 186 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Mr. Vilarello: June -- July 2nd. Chairman Teele: July 2nd. Commissioner Winton: Great, great. Chairman Teele: So we have plenty of time -- Commissioner Winton: Great. Chairman Teele: -- so nobody's boxed in to have to vote against it to try to get a standard -- Commissioner Winton: Great. Chairman Teele: -- that you're comfortable with. I'm not going to have any input, butl think that's a very good time to do that. Commissioner Winton: Because I want your input. Vice Chairman Sanchez: I will -- Chairman Teele: Well, I will -- I mean, I'll make -- what I'm saying is, I will make input, but think -- Commissioner Winton: OK. Chairman Teele: -- the way to do that is -- Vice Chairman Sanchez: I will have input. Chairman Teele: Huh? Commissioner Winton: Yeah. Vice Chairman Sanchez: I will have a lot of input on that. Commissioner Winton: I want you to have input. Vice Chairman Sanchez: Because I believe that it must be fair, you know. It's just like, you know, bidding. If you design it to a point, you could exclude a company from bidding in it. Chairman Teele: OK, and I'm going to ask Joel Maxwell, who was designated as staff of this committee, to meet with each of the Commissioners -- Vice Chairman Sanchez: No, but it could happen. Commissioner Winton: Yeah. Chairman Teele: -- beforehand, at least once, preferably twice, to go around and get input to develop several draft thoughts and concepts regarding the kind of standard that they would -- that each member of the -- a majority of the Commission would like for the panel to use in making its evaluations. Commissioner Winton: I'd like to see a job description from somewhere like the City of Fort City ofMiami Page 187 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Lauderdale -- Vice Chairman Sanchez: Must be in good standing with the Florida Bar. Commissioner Winton: -- the City Attorney for Fort Lauderdale, for Orlando, for Tampa, you know, other significant large cities in the State of Florida, and what their CityAttorney's job description looks like, and qualifications. I'd love to see that. Chairman Teele: So directed to the City Attorney to come up with at least three job definitions or descriptions from other cities, and make that available to all of the members of the Commission. On the motion that reoccurs -- Vice Chairman Sanchez: I agree. Chairman Teele: On the motion that reoccurs, relating to the -- codifying the procedure on the time line, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? Innocuous item, OK. City ofMiami Page 188 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 NA.1 04-00663 NON -AGENDA ITEMS DISCUSSION ITEM Commission welcomes back Commissioner Gonzalez. DISCUSSED Chairman Teele: I should take this moment to welcome back our worldwide traveler, who was away for a couple of meetings, and -- Commissioner Gonzalez: No, just one meeting. Chairman Teele: Was it just one? It seemed like two. Maybe we had a special one while you were gone, but we certainly want to acknowledge Commissioner Gonzalez and welcome him back. We missed you very much, sir, and we need -- we value your input, so thank you for coming back. Commissioner Gonzalez: Thank you. It's a pleasure to be back and I feel back at home. Chairman Teele: Good. Commissioner Gonzalez: And lighter. Chairman Teele: And lighter? Commissioner Gonzalez: Lost some weight. Chairman Teele: How do you go abroad and lose weight? Commissioner Gonzalez: Lost 12 pounds. Vice Chairman Sanchez: You walk a lot. Commissioner Gonzalez: Walk a lot. Chairman Teele: Is that it? Maybe we all should walk. All right. Great. NA.2 04-00664 ORDINANCE In Commission DIRECTION TO THE CITY ATTORNEY AND THE CITY CLERK BY CHAIRMAN TEELE TO DRAFT AN ORDINANCE THAT PROVIDES SPECIFICALLY WHAT THE FEDERALLY MANDATED PUBLIC NOTICE PROVISIONS ARE AS IT RELATES TO ADVERTISING OF COMMUNITY DEVELOPMENT PROGRAMS AND THAT IT BE MADE A PART OF THE RECORD OF THE PROCEEDINGS AND THAT THE PUBLIC NOTICE BE MADE PART OF THE AGENDA PACKET. 04-00664-fol lowu p-1. htm DISCUSSED [Clerk requested: 1- The Director of the Department of Community Development to forward the federally mandated provisions regarding public notice of Community Development programs to the City Attorney; 2- The City Attorney to draft an ordinance to provide specifically what the federally mandated public notice provisions are related to advertising Community Development programs. 3- The Agenda Coordinator to include a copy of the public notice as part of the agenda packet City ofMiami Page 189 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 on Community Development program items.] Chairman Teele: All right. Before we start on the next one, Mr. Attorney, Madam Clerk, you know, we're going to continue to deal with this until we get it right. I need an ordinance developed, Mr. Attorney, that provides specifically what we've done by resolution that requires that the public notice provisions of each of the CD (Community Development) programs that are federally mandated be made a part of the record of the proceedings, and that the notice itself be made a part of the agenda packet. We continue not to be able to get this right, and let me tell you why this becomes important. We get in these meetings and there's all kinds of reserves and special creations, et cetera, that nobody can know goes back three years later and finds money. I've been asking the director now for what, three weeks, to identify the money that was not used - - that was noticed, but not used, in District 5, and nobody can seem to find it, Barbara, you know . I'm talking now about when the previous director was here, and this is not about -- Barbara Rodriguez (Director, Community Development): It's true. Chairman Teele: -- personalities. Ms. Rodriguez: You are right. Chairman Teele: This should not be about individuals. The system should be blind to who's in the job, and we continue to have a problem with the notice. The notice that went out was wrong. Ms. Rodriguez: With the time. Chairman Teele: With the time. Ms. Rodriguez: And it was corrected. Chairman Teele: The correction still didn't correct it because it still didn't fully correct it. It probably legally corrected it -- Ms. Rodriguez: Right. Chairman Teele: -- but it just said the time is changed. In other words, the notice that corrected the time should have also advertised the projects. Ms. Rodriguez: Right. Chairman Teele: And none of the Section 8 projects that we've been talking about have been noticed, to my knowledge. I can't find it. Ms. Rodriguez: OK Chairman Teele: And I think the most important thing on the federal procedures that we're dealing with is public accessibility, public notice; that's why we have a signer here. We're frying to fully comply with the federal -- and I think we've come a hundred miles, or a hundred years forward under your leadership, Madam Director, but we've got to get this notice thing straight -- Ms. Rodriguez: We will. Chairman Teele: -- and we've got to let the public know exactly what we're doing, and I don't have a problem with what we're doing, but we've got to make it very clear. Ms. Rodriguez: Right, and we did mail a letter to all the agencies to tell them about the notice, City ofMiami Page 190 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 so I want to make sure that -- Chairman Teele: But, see, that's the problem. The ones who are in the program get the notice, but the problem is -- the problem is -- Ms. Rodriguez: Right. Chairman Teele: -- those that are not being funded -- Ms. Rodriguez: You're right. Chairman Teele: -- and that's where the objection's going to come from, is the disgruntled people that feel -- Ms. Rodriguez: Right. Chairman Teele: -- like we're doing something that people don't know. I went into a meeting last night, and that was the whole charge, Mr. Manager, about the 7th Avenue Corridor studies, as it relates to the transportation stuff and all that; everything's being done under the table, and the City ofMiami took all sorts of body licks last night -- body blows -- because they just feel that we're not putting the notice out there, so we need to make sure that the notice is done properly -- Ms. Rodriguez: We will. Chairman Teele: -- and we have some concerns about that, OK? Ms. Rodriguez: We will. Chairman Teele: So let's go right into the public hearing. NA.3 04-00659 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, PROVIDING SUPPORT, IN AN AMOUNT NOT TO EXCEED $20,000, TO THE AMERICAN CHILDREN'S FOUNDATION FOR PEACE INC., TO START THE FIRST AMERICAN CHILDREN'S ORCHESTRA AT ADA MERRITT ELEMENTARY SCHOOL SUMMER PROGRAM; ALLOCATING FUNDS FROM THE DISTRICT 3 ROLLOVER ACCOUNT NO. 001000.920918.6.930 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-04-0388 Chairman Teele: (INAUDIBLE) intent of the Chair to commence the meeting regarding the zoning issues when five Commissioners are present, seated and on the dais. In the interim, recognizing the Vice Chair for an action or a motion. Vice Chairman Sanchez: Thank you, Mr. Chairman. Mr. Chairman, thank you so much. I respectfully request you allow me to present a pocket item before we start the -- our meeting, due to the fact that it's based on an emergency. The funds have been in place in order to start next week at the school -- summer school program at Ada Merritt music program for the students, and we must get it done as quickly as possible so the Mayor could sign off on it, so they could City ofMiami Page 191 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 NA.4 04-00660 have the funding before the school starts so, at this time, I would like to present one of my pocket items, which is a resolution of the City ofMiami Commission providing support in the amount not to exceed $20, 000 from the District 3 rollover account number 001000.920918.6.930, to the American Children's Foundation for Peace, Inc., located at 3210 Ponce De Leon Boulevard, Coral Gables, Florida, to start the First American Children's Orchestra at Ada Merritt Elementary this summer school -- this summer. It has received recognition in 60 Minutes. It is a program throughout the United States, and it is truly a pleasure for me to provide assistance for this year in one of my schools in my district, Ada Merritt. So move. Commissioner Gonzalez: Second. Chairman Teele: It's a motion and a second. Is there discussion or objection? All those -- Commissioner, let me congratulate you because I think one of the biggest challenges we have in this City today is there are summer activities in absence of any -- say again? Vice Chairman Sanchez: Lack of activities. Chairman Teele: The lack of -- you're exactly right. The lack of summer activities for our youth. As you know, the federal government has defunded virtually all of the summer activities and summer jobs programs that most of the people in this room grew up knowing about or participating in. Right now, there is zero dollars for the youth in this City, in this country. That money, I assume, is in Iraq, but that's another story, and we've got to be very creative, and I commend you for your efforts in your district. Without objection or discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? DISCUSSION ITEM Introduction of new Parks Director, Ernest Burkeen. DISCUSSED Chairman Teele: Noting the presence of a full majority of the Commission, five unanimous consent of the Commission. Let's take up a very, very important item. Mr. Manager, you're recognized to introduce to the public -- Joe Arriola (City Manager): Well, as you all know, a couple of months ago, we lost a very valuable employee, Santiago Corrada, and we're all very concerned who we're going to replace him. We are really very fortunate that we were able to find an outstanding young -- and I'm saying young because he's a year younger than I am -- man, Ernest Bergman, who was on his way to Houston when I kind of kidnapped him, got him off the plane and brought him here; offered him a job and twisted his arm to accept this job. Ifyou look at his long resume, we have a real professional; a man that has dedicated his life to the parks, and I think it's a real, real asset for the City ofMiami that we were able to get Ernest to join our team, and I wanted to introduce him to the full Commission. Chairman Teele: Welcome, and looking forward to you moving your residence down to Dade -- Miami -- City ofMiami. Ernest Burkeen: Mr. Chair, Commissioners, thank you for the welcome. My name is Ernest Burkeen. I think the Manager mispronounces my name to make sure that I know he's in charge. Commissioner Regalado: Did he offer you a house not to go to Houston, huh? City ofMiami Page 192 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Mr. Burkeen: No, but he has a lot of power -- Commissioner Regalado: And non -repayable loan? Nothing or -- OK. Mr. Burkeen: None of that. Thank you very much for having me. (APPLAUSE) Vice Chairman Sanchez: Congratulations. Chairman Teele: Ernest, please don't leave. You don't get off just that quick. I think it's important that the public know that while I've not had the opportunity to meet you personally, I've certainly inquired about your previous service in Broward County and Fort Lauderdale, and everyone has said wonderful things about you. I'm sure somebody will come out with a different perspective soon, butl think it's very important for the public to note that you've had extensive experience in the State ofMichigan; that you've served as the -- with a Masters of Recreation and Administration from Michigan State University, as well as the Director of Parks in the City of Detroit, where you administered a $55, 000, 000 budget, with some 1,300 employees and 400 parks. Most recently, it's my understanding that you are coming here from the City of Fort Lauderdale, as the Director of Parks, and I think what's really exciting is the world-wide experience that you've had, such as doing exotic things, such as being the head basketball coach for the American high school in Morocco, and served in the United States Navy, and we're very honored that you've come -- taken the opportunity to come and help us with our Parks Department. We're excited about you being here, and we're looking forward to a close and warm working relationship for you and your family. Thank you very much. Mr. Burkeen: Thank you. Commissioner Winton: Mr. Chairman. (APPLAUSE) Commissioner Gonzalez: Don't go away yet. Chairman Teele: Commissioner -- and ifI could, Commissioner Winton, before we do, I should ask the head of the Parks Advisory Committee to come to the mike, since we're here, just so that we -- and the Bond Committee, while we're here so that at least you can get a formal presentation, or recognition, of the chairman of our Oversight Board of our bond, and if you would just introduce yourself for the record in this capacity, not in any other capacity. Robert Flanders: My name is Robert Flanders. I reside at 720 Palm Bay Lane, City ofMiami, and on behalf of the Bond Oversight Board, and the Parks Advisory Board -- I serve on both -- we welcome you. Actually, I did an extensive investigation into this gentleman's background, and I'm going to tell you, I think he's the right man for the job. I also was in the Navy. I know you're on the Saratoga. I spent a month on it, and welcome -- Burkeen: I spent a couple years on that. Mr. Flanders: Yes, it has, for both of us, but what you did in Detroit in revitalization, and also in Fort Lauderdale, particularly, bringing the parks back alive with people, kid program, everything, this gentleman, I believe, is a wonderful choice. Welcome. Chairman Teele: Thank you. Bob, hold on. Commissioner Winton, who appointed you, is about to say something, and I just want you to be available. City ofMiami Page 193 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Commissioner Winton: Well, I -- actually, I was going to speak to the point thatHr. Flanders just made, except maybe in a little different way because Mr. Flanders was giving him credit for the great job he did in bringing back parks in Detroit and Fort Lauderdale. I'm not familiar with Detroit,• never been to Defroit, but my sense is that Detroit's smaller than Miami -- I know Fort Lauderdale is -- and the Detroit's Park budget was 55, 000, 000. The Fort Lauderdale Parks budget was 29, 000, 000, both smaller cities than Miami, and he's coming to Miami with this big promotion, administering the Parks Department in a much larger city, whose budget is a whopping grand total of 11, 000, 000, so I hope that we can properly take advantage of the talents you bring, and not tie both your hands behind your back and cover up at least one eye, maybe two eyes, and provide you with a little better funding to take care of this job here than the wonderful $11, 000, 000 that we have for our fabulous park system. Vice Chairman Sanchez: Well, I'm certain -- Commissioner Winton: But that's up to us, I guess. Vice Chairman Sanchez: I'm certainly not going to touch on that issue, butt will touch on a couple of issues. I'm glad to see that, on the education aspect of it, we continue the tradition of bringing in Parks directors that have a knowledge of education, which is a very important factor when you're dealing with children. Also, I'm glad to see that you're very involved in coaching which, in that aspect, maybe you could find a way to work with the private sectors to create more sporting events, such as teams, whether it be basketball, football, swimming, soccer, et cetera, et cetera, in our parks, compared to -- you know, our budget isn't that big for parks, and I'm -- all the Commissioners up here are champions, trying to provide more money to the Parks Department to do more, but there are times that we'll have to do more with less, but I'm very impressed with your resume, and welcome you to the City ofMiami. I wish you the best. Mr. Burkeen: Thank you. Can Igo now? (APPLAUSE) Vice Chairman Sanchez: Yeah. Chairman Teele: Thank you very much. Vice Chairman Sanchez: Get to work. Chairman Teele: That's as good as it gets, Ernest. Mr. Arriola: Yeah. I was going to say -- Commissioner Winton: Yeah. You can tell he's -- Vice Chairman Sanchez: Hey -- Commissioner Winton: -- you can tell he's working -- Chairman Teele: Record the applause. That's the last one you'll hear. Vice Chairman Sanchez: Yeah. Hey, Ernie, next time it won't be so nice, OK? Commissioner Winton: You can tell he's worked in government. He knew -- Vice Chairman Sanchez: Next meeting won't be so nice. Commissioner Winton: -- when to get away from the podium. City ofMiami Page 194 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 NA.5 04-00656b ORDINANCE Non -Agenda AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, RELATING TO DEVELOPMENT FEES; AMENDING CHAPTER 13, SECTIONS 13-2 (b)(4) AND 13-6(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ELIGIBLE IMPACT FEE EXEMPTION DESIGNATION FOR ALL DUPLEX AND RESIDENTIAL DEVELOPMENT LOCATED OUTSIDE REVITALIZATION DISTRICTS, FROM "LOW AND/OR MODERATE INCOME HOUSING " TO "AFFORDABLE HOUSING" AND CLARIFYING QUALIFICATIONS FOR SUCH WAIVERS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele 12542 Commissioner Gonzalez: Now, that we are on housing, Mr. Chairman, if you allow me and the rest of my colleagues, I have an ordinance here, which I would like to be considered as an emergency ordinance, that has to do with affordable housing, as a matter of fact, and it's an emergency ordinance of the Miami City Commission relating to development fees, amending Chapter 13-2(b) (4), and 13-64 of the Code of the City ofMiami, Florida, as amended, by changing the eligibility impact fee exemption designation for all duplexes and residential development located outside revitalization districts for low and moderate income housing to affordable housing, and qualifying -- qualifications for such waivers; containing a repealer provision and a severability clause, and providing for an effective date. Chairman Teele: Motion. Is there a second? Commissioner Regalado: Second. Chairman Teele: Discussion. Alejandro Vilarello (City Attorney): That's for an immediate effective date. Commissioner Gonzalez: Discussion. Chairman Teele: For immediate -- Mr. Attorney, staff what does this do? What are the -- Commissioner Winton: Yeah. Chairman Teele: -- consequences, and what are the potential unintended consequences? Joel Maxwell (Deputy City Attorney): It's been my understanding, Mr. Chairman, that there's been some problem over the last few years of determining what type properties are eligible for the impact fee waivers outside of the -- they were called community target areas -- in this case, revitalization districts -- when using the low income criteria, because there were three separate criteria there, and there was a problem with that. Now, using -- changing it over to affordable housing solidifies that into one easily manageable definition. Chairman Teele: One easily manageable definition, the operative word. Madam Clerk, call the City ofMiami Page 195 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 roll. Priscilla Thompson (City Clerk): Roll call. (COMMENTS MADE DURING ROLL CALL) Commissioner Winton: I wasn't listening. Chairman Teele: One easily -- Commissioner Winton: Yeah. Chairman Teele: -- identifiable definition -- Commissioner Winton: Yes, thank you. Chairman Teele: -- was the operative -- is what the -- Commissioner Winton: Manny Prieguez -- Representative Manny Prieguez and I were chitchatting, and so I had to talk to my buddy. Chairman Teele: Great Manny Prieguez. Commissioner Winton: Yes, so would you repeat that again, please, sir? What -- just one quick paragraph. What's the -- Mr. Maxwell: Yes, sir. There was a problem before in trying to determine what the waivers would be, using the low income -- low and moderate income definition, because under community development banner, there were three different areas, or agencies, that could apply that definition, so they had trouble doing that, so by changing it to affordable housing, there is a definition that makes the whole process much more easily managed. (COMMENTS MADE AFTER ROLL CALL) Roll calls were taken, the results of which are stated above. Ms. Thompson: The ordinance has been passed on emergency basis, 5/0. Commissioner Gonzalez: Thank you, Mr. Chairman. NA.6 04-00665 DISCUSSION ITEM A motion was made by Commmissioner Regalado, seconded by Commissioner Winton, and was passed unanimously, to appoint Maria J. Chiaro as Interim City Attorney effective June 25, 2004. MOTION Chairman Teele: All right. Mr. Attorney -- Mr. Attorney, while you're there, Commissioner Regalado, you have a supplemental item on the agenda relating to attorneys. Commissioner Regalado: Yes, sir, I do. They -- he's not here -- anyway, as you know, the City Attorney is leaving. Chairman Teele: The late City Attorney? Commissioner Regalado: Yes. He's leaving -- City ofMiami Page 196 Printed on 12/16/2004 City Commission Verbatim Minutes June 10, 2004 Alejandro Vilarello (City Attorney): Please don't say that. Commissioner Regalado: -- the City on the 24th. Alex sort of starts a vacation, so he has asked members of the Commission to appoint an interim City Attorney so he can still start the process and keep looking for a new City Attorney, the candidates that were presented to the members of the Commission for interview and vote, so my motion would be to appoint interim City Attorney Maria Chiaro, if that is OK with the members of the Commission. Commissioner Winton: Second. Commissioner Gonzalez: Second the motion. Chairman Teele: Who? Commissioner Regalado: Maria Chiaro. Commissioner Winton: The little -- Commissioner Gonzalez: Who's that? Chairman Teele: Is she here? Commissioner Winton: She's here all the time. Mr. Vilarello: No, Maria's not here today. She's -- her father is ill and -- Chairman Teele: Well, she doesn't even want to be -- huh? Mr. Vilarello: Her father is ill, and she's -- Chairman Teele: Oh, OK. I won't be lighthearted. OK. We have a motion. We have a second. Is there any violent unreadiness? This is the kind of thing that ought to be unanimous consent, wherever possible. Is there anyone here -- All right. Madam Clerk, call the roll. Priscilla Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. City ofMiami Page 197 Printed on 12/16/2004