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HomeMy WebLinkAboutCC 2004-07-08 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, July 8, 2004 9:00 AM REGULAR (Verbatim Minutes) City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Arthur E. Teele, Jr., Chairman Joe Sanchez, Vice Chairman Angel Gonzalez, Commissioner District One Johnny L. Winton, Commissioner District Two Tomas Regalado, Commissioner District Four Joe Arriola, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes July 8, 2004 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS Pages 3-4 MV - MAYORAL VETOES Page 4 AM - APPROVING MINUTES Page 5 CA - CONSENT AGENDA Pages 7-11 M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS Pages 12-14 D3 - DISTRICT 3 ITEMS Pages 14-17 D4 - DISTRICT 4 ITEMS Pages 17-20 D5 - DISTRICT 5 ITEMS Pages 20-22 PH - PUBLIC HEARINGS Pages 23-36 FR - FIRST READING ORDINANCES Pages 37-40 RE - RESOLUTIONS Pages 41-78 BC - BOARDS AND COMMITTEES Pages 79-80 DI - DISCUSSION ITEMS Pages 81-124 PART B PZ - PLANNING AND ZONING ITEMS Pages 125-174 City ofMiami Page 2 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gonzalez, Commissioner Winton, Vice Chairman Sanchez, Commissioner Regalado and Chairman Teele On the 8th day ofJuly, 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 9:42 a.m. by Chairman Arthur E. Teele Jr., recessed at 12:30 p.m., reconvened at 3:22 p.m., recessed at 6:19 p.m., reconvened at 6:49 p.m., and adjourned at 9: 37 p.m. ALSO PRESENT: Joe Arriola, City Manager Maria J. Chiaro, Interim City Attorney Priscilla A. Thompson, City Clerk Sylvia Scheider, Assistant City Clerk PRESENTATIONS AND PROCLAMATIONS PR.1 04-00762 CEREMONIAL ITEM Name of Honoree Miami Audit Advisory Committee Joy Intriago, C.P.A. Quality of Life Task Force Captain Miguel Exposito Sergeant Alfredo Alvarez Sergeant Jose Seiglie Sergeant Louis Melancon Officer Andres Losa Officer Anthony Perez Officer Orlando Benitez Officer Orlando Merced Officer Michael Vega Officer Magdiel Armenteros PRESENTED Presenter Commissioner Winton Commissioner Gonzalez Commissioner Gonzalez Commissioner Gonzalez Commissioner Gonzalez Commissioner Gonzalez Commissioner Gonzalez Commissioner Gonzalez Commissioner Gonzalez Commissioner Gonzalez Commissioner Gonzalez Protocol Item Certificate of Appreciation Commendation Commendation Commendation Commendation Commendation Commendation Commendation Commendation Commendation Commendation 1. Commissioner Gonzalez recognized the police officers in the Quality of Life Task Force for their outstanding work in the Allapattah area. Mayor Diaz further commended Commissioner Gonzalez for his participation in said task force. Commendations were given to: Captain Miguel Exposito, Sergeant Alfredo Alvarez, Sergeant Jose Seiglie, Sergeant Louis Melancon (in absentia), Officer Andres Losa (in absentia), Officer Anthony Perez, Officer Orlando Benitez, Officer Orlando Merced, Officer Michael Vega, and Officer Magdiel Armenteros. 2. Commissioner Gonzalez presented Chairman Arthur E. Teele, Jr. with a picture of a townhouse/condominium project consisting of 52 units, which was formerly located in Disfrict 1, but is now located in Disfrict 5, due to the redistricting of commission boundaries. 3. Chairman Teele presented Interim City Attorney Maria J. Chiaro with a Memorial Proclamation for her father, Frank Chairo, who recently passed away. Note for the Record: Certificate ofAppreciation for Miami Audit Advisory Committee member Joy Intriago, C.P.A. was not presented. Chairman Teele: Mr. Mayor. Good morning, ladies and gentlemen. We're starting a little bit late, but we hope to leave a little bit early. City ofMiami Page 3 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 MAYORAL VETOES Commissioner Gonzalez: I hope so. Joe Arriola (City Manager): Right. Commissioner Gonzalez: I got to leave early because I've got a funeral. Chairman Teele: This morning we have a number of important issues before the Commission, but first, let's deal with the most important issue, and that's recognizing some of our hard-working employees. I understand that Commissioner Gonzalez is prepared to honor the officers and the individuals of the Quality of Life Program, and I want to commend you for bringing this issue forward. Presentations made. Chairman Teele: And this is one of those moments that comes for all of us, but we don't look forward to it. I'd like to ask Maria Chiaro if you would come forward. I should also note again that Mayor Manny Diaz' mother-in-law passed away very recent -- father-in-law passed away very recently, and we extend our sincere condolences to you and your family. Similarly, our City -- our very, very attractive City Attorney, certainly much more attractive than the last one, Maria, who's serving as the interim City Attorney until, I assume, sometime in September, when the Commission will consider the persons that have applied. Your father passed away, Frank -- is it Chiaro or Chiaro? Commissioner Sanchez: Chiaro. Chairman Teele: Frank Chiaro, and on the occasion of this official meeting of the City of Miami, we wish to pay tribute to the memory of the late Frank Chiaro, the beloved father of Miami's Acting City Attorney, Maria Chiaro. Mr. Chiaro build a strong legacy as a cherished husband, exemplary father, and an honorable resident in New Jersey, and we truly and admire and respect the overall zeal for excellence, a quality that issued forth from inspiring leadership, creating a wellspring of love and responsibility passed on to the next generation. Frank was a man who left a compelling powerful legacy and family, friends and good works, and enjoyed a life that celebrated the dignity and worth of the human spirit. It is therefore fitting and proper that officials of the City ofMiami pause in our official deliberations to express our solemn remorse and deepest sympathy to this bereaved family as we pay due diligence to the legacy of caring, of a thoughtful man and proclaim Thursday, the 8th day of July, as Frank Chiaro Day, in the City ofMiami. This is signed by the Mayor and all five Commissioners. This ends the unofficial portion of the Commission. If you would stand please and join us in a moment of silent prayer. Following the prayer, we will have the pledge of allegiance to the flag led by Trooper Joe Sanchez. Invocation and Pledge ofAllegiance. NO MAYORAL VETOES Chairman Teele: Before we get into any actions, could we clear up a few administrative matters? There are no mayoral vetoes that have been sent forward. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele City ofMiami Page 4 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Motion by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele Chairman Teele: And could we get a regular to approve the June loth meeting -- minutes of the June loth meeting of 2004? Commissioner Sanchez: So moved, Mr. Chairman. Chairman Teele: Moved by the Vice Chair. Is there a second? Commissioner Gonzalez: Second. Chairman Teele: By Commissioner Gonzalez. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? And motion on the Planning & Zoning meeting ofMay 27, 2004. Is there a motion? Commissioner Sanchez: So moved. Commissioner Gonzalez: Moved. Chairman Teele: Is there a second? 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: All right. We had a time certain for 10:30. It's now 11:24. Are any of these items going to -- we have two time certain. What was the first one? Commissioner Regalado: The train. Chairman Teele: It was a request on the feasibility of the streetcar, and the next one is Baylink. Can we take up D1.9, D1.9, D1.9. Would you all look for a request for withdrawals, deferrals, or anything on the agenda? We haven't even started the agenda. If anybody's got a request. Maria J. Chiaro (Interim City Attorney): The Manager has requested that Public Hearing 5 and Public Hearing 9 -- Chairman Teele: Hold on one minute. Commissioner Regalado: Where's that? Chairman Teele: Where are we on D1.9? Is D1.9 coming up or is -- we're going to -- Commissioner Regalado: Where -- Chairman Teele: Go ahead, Madam Attorney. Let's deal -- we will now deal with the consent agenda, and the deferrals, and would the staff that is responsible for D1.9, which is the Miami Streetcar Feasibility Study, please report to the City Manager? We called it up three times. City ofMiami Page 5 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Nobody came. Commissioner Regalado: PH (Public Hearing) what? What did you say, PH what? Chairman Teele: No, no. She's reading in the law -- into the record now request for deferrals. Ms. Chiaro: Request for Public Hearing 5 and Public Hearing 9 be deferred to the July 22nd meeting. Chairman Teele: PH what? Say that again. Ms. Chiaro: PH.5 -- Commissioner Regalado: PH.5 -- Ms. Chiaro: -- and PH 9. Chairman Teele: OK. Those are the items that are set for 3 p.m. We cannot take those -- we cannot defer them until 3 p.m. Ms. Chiaro: I'm unaware of any requests for deferral from the consent agenda. Commissioner Regalado: We did vote on the consent agenda. Chairman Teele: No, we haven't voted on the consent agenda. Commissioner Winton: No, we haven't voted on it. Commissioner Regalado: Oh. Chairman Teele: I would ask the Commission to take note of the fact that we do have the moratorium on 27th Avenue, and it is the Chair's intention to ensure that we take that item up at 5 o'clock. I don't care what else anybody else is doing, because we did not do that, and we have a problem with the community if we don't keep it. I would also note that the -- I'm not sure this Order of the Day is correct, butl do know that at 5 o'clock -- it's not the moratorium; it is the Watson Island that's at 5, is that correct? Is Watson Island today, at 5? Commissioner Regalado: It's a PZ (Planning & Zoning) item. Chairman Teele: It's a PZ item, so whatever the PZ item is that we said we would take up, we need to take up, and Tangle, if you could come out here, I'd be grateful. Well, that may be the wrong thing. I think it's the -- I think we've got the Watson Island item, and again, we need to -- Commissioner Regalado: Oh, we do have the moratorium. Chairman Teele: At 5 o'clock. Do we have moratorium today? Commissioner Regalado: Yeah. Commissioner Winton: We've got both of them. Chairman Teele: We will take up the moratorium at 5 o'clock as a precedent over all other items on time, so we have Watson Island and the moratorium, and I would also note that one of our colleagues must leave at 9 o'clock tonight for a funeral and we intend to stop at 9. City ofMiami Page 6 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 CONSENT AGENDA CA.1 04-00678 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), AUTHORIZING THE PURCHASE AND INSTALLATION OF A SECURITY SYSTEM FOR THE DEPARTMENT OF POLICE, CONSISTING OF THE ITEMS ON THE EQUIPMENT LISTS, ATTACHED AND INCORPORATED, FROM SECURITY ONE SYSTEMS, INC., AWARDED UNDER EXISTING STATE OF FLORIDA SNAPS AGREEMENT NO. 6802563-3, EFFECTIVE UNTIL OCTOBER 29, 2004, SUBJECT TO FURTHER EXTENSIONS OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA, IN AN AMOUNT NOT TO EXCEED $383,089.14 FOR ITEMS ON THE SNAPS CONTRACT, AN AMOUNT NOT TO EXCEED $24,411.04, FOR ADDITIONAL ITEMS, AND AN AMOUNT NOT TO EXCEED $25,000, FOR AN OWNER'S ALLOWANCE TO EXPEND FOR UNFORESEEABLE CIRCUMSTANCES, AT A TOTAL CONTRACT AMOUNT NOT TO EXCEED $432,500.18; FURTHER AUTHORIZING THE PURCHASE OF A FOUR-YEAR MAINTENANCE PLAN AT A TOTAL PURCHASE PRICE NOT TO EXCEED $94,560.43; ALLOCATING FUNDS, IN A TOTAL AMOUNT NOT TO EXCEED $527,060.61, FROM THE LOCAL LAW ENFORCEMENT BLOCK GRANT VII, ACCOUNT CODE NO. 142023.290539.6.840. 04-00678-cover memo.pdf 04-00678-budgetary impact.pdf 04-00678-price list.pdf 04-00678-pre reso.pdf 04-00678-pre back up.pdf 04-00678-web page.pdf 04-00678-award under state of FL.pdf 04-00678-exh i bits. pdf 04-00678 - police summary.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0437 CA.2 04-00679 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ACQUISITION OF NEW AND REPLACEMENT SERVER HARDWARE, PERSONAL COMPUTERS, LAPTOPS, COMMUNICATIONS AND NETWORKING EQUIPMENT, PRINTERS, COMPUTER SOFTWARE, PERIPHERALS, AND ASSOCIATED CONSULTANCY, INSTALLATION AND MAINTENANCE SERVICES FOR CITYWIDE USE, FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY ("ITD"), FROM VARIOUS VENDORS AWARDED UNDER CURRENT, RENEWAL OR REPLACEMENT STATE OF FLORIDA AND/OR WESTERN STATES CONTRACTING ALLIANCE ("WSCA") CONTRACTS, AS SET FORTH ON THE LISTS, ATTACHED AND INCORPORATED, ON AN AS -NEEDED CONTRACT BASIS, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS FROM THE STATE OF FLORIDA AND/OR City ofMiami Page 7 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 WSCA; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $975,000, FOR ITD AND AN AMOUNT NOT TO EXCEED $2,500,000, FOR THE DEPARTMENT OF POLICE, FOR THE CURRENT FISCAL YEAR (FISCAL YEAR), FROM ITD'S STRATEGIC FUNDS, GRANTS, LAW ENFORCEMENT TRUST FUNDS, CAPITAL IMPROVEMENT PROJECTS ACCOUNTS, OR THE OPERATING BUDGETS OF THE VARIOUS USER DEPARTMENTS, AS MAY BE ADJUSTED FROM TIME TO TIME BY THE CITY COMMISSION IN THE ANNUAL APPROPRIATIONS/CAPITAL IMPROVEMENTS ORDINANCES, OR AS OTHERWISE ADJUSTED AS PERMITTED BY LAW. 04-00679-cover memo.pdf 04-00679-budgetary impact.pdf 04-00679-budgetary impact 2.pdf 04-00679-award under state of FL.pdf 04-00679-exhibit 1- state of FL. contracts.pdf 04-00679-exhibit 2- IT hardware.pdf 04-00679 - police summary.pdf Motion by Vice Chairman Sanchez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0449 CA.3 04-00681 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID OF HERALPIN USA, FOR THE PROJECT ENTITLED "KENNEDY PARK PARKING LOT, B-60442 (FORMERLY B-6489)," IN AN AMOUNT NOT TO EXCEED $134,984.98; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 333112, IN AN AMOUNT NOT TO EXCEED $134,984.98, FOR CONTRACT COSTS, PLUS $37,000 FOR ESTIMATED EXPENSES INCURRED BY THE CITY OF MIAMI, FOR TOTAL PROJECT COSTS IN AN AMOUNT NOT TO EXCEED $171,984.98, AS SET FORTH IN THE DEPARTMENT OF CAPITAL IMPROVEMENTS PROJECT FACT SHEET AND THE FORMAL BID DOCUMENTS, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PROJECT. 04-00681-cover memo.pdf 04-00681-budgetary impact.pdf 04-00681-exhibit 1-project fact sheet.pdf 04-00681-exhibit 2- formal bid.pdf 04-00681-exhibit 3- contract.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0438 CA.4 04-00708 RESOLUTION City ofMiami Page 8 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 PURCHASE OF BLACKBERRY PAGERS, EQUIPMENT AND SERVICES FROM CINGULAR WIRELESS AND NEXTEL SOUTH CORPORATION, FOR THE DEPARTMENTS OF FIRE -RESCUE, POLICE AND THE EXECUTIVE LEADERSHIP OF ALL OTHER CITY DEPARTMENTS, AWARDED UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 725-000-03-1, EFFECTIVE UNTIL DECEMBER 19, 2005, SUBJECT TO FURTHER EXTENSIONS OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA, IN A TOTAL AMOUNT NOT TO EXCEED $138,000; ALLOCATING FUNDS FROM THE URBAN AREAS SECURITY INITIATIVE GRANT PROGRAM II, ACCOUNT CODE NO. 110111.280910.6.840, IN AN AMOUNT NOT TO EXCEED $104,000, FOR FISCAL YEAR 2003-2004 AND AN AMOUNT NOT TO EXCEED $34,000, FOR FISCAL YEAR 2004-2005, SUBJECT TO BUDGETARY APPROVAL. 04-00708-cover memo.pdf 04-00708-budgetary impact.pdf 04-00708-quote from Cingular.pdf 04-00708-nextel proposal.pdf 04-00708-user list.pdf 04-00708-service providers.pdf 04-00708-certification of contract.pdf 04-00708-contract administrator.pdf 04-00708-instruction to bidders.pdf 04-00708-technical specifications.pdf 04-00708-general conditions.pdf 04-00708-service providers 2.pdf 04-00708-award under state of florida contract.pdf 04-00708 police summary.pdf Motion by Vice Chairman Sanchez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele CA.5 04-00682 R-04-0450 DISCUSSION ITEM ACCEPTING A REPORT FROM THE CIVIL SERVICE BOARD. 04-00682-report.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele CA.6 04-00713 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Public Works CITY MANAGER TO ACCEPT SIXTEEN (16) DEEDS OF DEDICATION FOR HIGHWAY PURPOSES AND APPROVING AND AUTHORIZING THE RECORDATION OF SAID DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. City ofMiami Page 9 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 04-00713-cover memo.pdf 04-00713-warranty deed.pdf 04-00713-affid avit. pdf 04-00713-warranty deed 2.pdf 04-00713-warranty deed 3.pdf 04-00713-corrective warranty deed.pdf 04-00713-warranty deed 4.pdf 04-00713-warranty deed 5.pdf 04-00713-warranty deed 6.pdf 04-00713-warranty deed 7.pdf 04-00713-warranty deed 8.pdf 04-00713-warranty deed 9.pdf 04-00713-warranty deed 10.pdf 04-00713-warranty deed 11.pdf 04-00713-warranty deed 12.pdf 04-00713-warranty deed 13.pdf 04-00713-partial release of mortgage.pdf 04-00713-warranty deed 14.pdf 04-00713-location sketches.pdf 04-00713-corrective warranty deed 2.pdf 04-00713-warranty deed 15.pdf 04-00713-right of way deed.pdf 04-00713-warranty deed 16.pdf 04-00713-affidavit 2.pdf 04-00713-right of way deed 2.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0439 CA.7 04-00735 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "OLD VIRGINIA KEY LANDFILL SITE REMEDIATION ASSESSMENT GRANT" AND APPROPRIATING A GRANT AWARD, IN THE AMOUNT OF $650,000, FROM MIAMI-DADE COUNTY ("COUNTY"); AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE COUNTY, FOR ACCEPTANCE OF THE GRANT. 04-00795-cover memo.pdf 04-00795- exhibit -grant agreement.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0440 CA.8 04-00737 RESOLUTION City ofMiami Page 10 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 ATTACHMENT(S), RESCINDING RESOLUTION NO. 04-0297, ADOPTED MAY 6, 2004, AND THE BID AWARDED TO BK MARINE CONSTRUCTION, INC., PURSUANT TO SAID RESOLUTION; FURTHER CONSIDERING THE LOCAL PREFERENCE OPTION TO ACCEPT THE BID OF DOCK AND MARINE CONSTRUCTION CORPORATION, THE NEXT LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, PURSUANT TO FORMAL INVITATION FOR BIDS RECEIVED MARCH 9, 2004 FOR THE PROJECT ENTITLED "DINNER KEY MARINA MOORING PILE REPLACEMENT PHASE II, B-60474," IN AN AMOUNT NOT TO EXCEED $135,000; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 326011, IN THE AMOUNT NOT TO EXCEED $135,000, FOR CONTRACT COSTS, PLUS $6,245 FOR ESTIMATED EXPENSES INCURRED BY THE CITY OF MIAMI, FOR TOTAL PROJECT COSTS IN AN AMOUNT NOT TO EXCEED $141,245, AS SET FORTH ON THE FORMAL BID DOCUMENT(S) AND THE DEPARTMENT OF CAPITAL IMPROVEMENTS PROJECT FACT SHEET, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PROJECT. 04-00737-cover memo.pdf 04-00737-budgetary impact.pdf 04-00737-pre legislation.pdf 04-00737-notice to rescind award.pdf 04-00737-letter.pdf 04-00737-exhibit 1-formal bid.pdf 04-00737-exhibit 2-project fact sheet.pdf 04-00737-exhibit 3- contract.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0441 CA.9 04-00662 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney CONTINUED ENGAGEMENT OF THE LAW FIRM OF AKERMAN, SENTERFITT & EIDSON FOR REPRESENTATION OF THE CITY OF MIAMI IN CONNECTION WITH THE CASE OF RUBEN ORTIZ VS. CITY OF MIAMI, ET AL., IN THE UNITED STATES DISTRICT COURT, CASE NO. 00-3533 CIV-GOLD, IN AN AMOUNT NOT TO EXCEED $40,000, PLUS COSTS, AS APPROVED BY THE CITY ATTORNEY; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 515001.624401.6.661, FOR SAID SERVICES. 04-00662-cover memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0442 Adopted the Consent Agenda City ofMiami Page 11 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Motion by Commissioner Winton, seconded by Vice Chairman Sanchez, including all the preceding items marked as having been adopted on the Consent Agenda. Chairman Teele: I'm asking that CA.1 and 2 -- I'm sorry, 2 and 4 be deferred to later this afternoon, until we can get a report from the City Attorney regarding the law -- the state law regarding piggybacking, and the application, just for those -- Commissioner Gonzalez: Which items? Chairman Teele: DAs 2 and DA.5 -- DAs 2 and 4. Commissioner Winton: CA. Chairman Teele: Sorry. CA 2 and CA.4, just for a few minutes until we can get a legal determination of what the state law is on those items when the state goes out for bid. Is there -- are there any other items? Commissioner Winton: Move. Chairman Teele: Move the balance of the consent agenda. Is there a motion? Commissioner Winton: So move. Vice Chairman Sanchez: Second. Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? I assume that old Virginia landfill is consistent with the trust and they're doing a magnificent job. Chairman Teele: We temporarily deferred for a few moments CA.2 and CA.4. Those are the computer items and all of that, and we worked out those issues. The Law Department is going to research as to whether or not we really need a piggyback to buy from a state contract and whether or not we can purchase directly. That would free the departments up, but the Purchasing Director's got some concerns that they're going to work through it and get back to us. That was the reason for the delay. Would anyone like to move CA.2 and CA.4? Vice Chairman Sanchez: So moved. Commissioner Winton: Second. Chairman Teele: Is there objection? Is there discussion? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. Unidentified Speaker: Thank you. Chairman Teele: Thank you. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele Chairman Teele: I'm asking that CA.1 and 2 -- I'm sorry, 2 and 4 be deferred to later this afternoon, until we can get a report ftom the City Attorney regarding the law -- the state law regarding piggybacking, and the application, just for those -- City ofMiami Page 12 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Commissioner Gonzalez: Which items? Chairman Teele: DAs 2 and DA.5 -- DAs 2 and 4. Commissioner Winton: CA. Chairman Teele: Sorry. CA 2 and CA.4, just for a few minutes until we can get a legal determination of what the state law is on those items when the state goes out for bid. Is there -- are there any other items? Commissioner Winton: Move. Chairman Teele: Move the balance of the consent agenda. Is there a motion? Commissioner Winton: So move. Vice Chairman Sanchez: Second. Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? I assume that old Virginia landfill is consistent with the trust and they're doing a magnificent job. Chairman Teele: We temporarily deferred for a few moments CA.2 and CA.4. Those are the computer items and all of that, and we worked out those issues. The Law Department is going to research as to whether or not we really need a piggyback to buy from a state contract and whether or not we can purchase directly. That would free the departments up, but the Purchasing Director's got some concerns that they're going to work through it and get back to us. That was the reason for the delay. Would anyone like to move CA.2 and CA. 4? Vice Chairman Sanchez: So moved. Commissioner Winton: Second. Chairman Teele: Is there objection? Is there discussion? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. Unidentified Speaker: Thank you. Chairman Teele: Thank you. END OF CONSENT AGENDA City ofMiami Page 13 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ DISTRICT 1 COMMISSIONER ANGEL GONZALEZ DISTRICT 2 COMMISSIONER JOHNNY L. WINTON D2.1 04-00712 DISCUSSION ITEM MIAMI-DADE COUNTY ISSUES: A) COMMISSION STATUS REPORT ON THE COMMISSION APPROVED LAWSUIT AGAINST MIAMI-DADE COUNTY ON WATER AND SEWER OVERCHARGES. B) COMMISSION STATUS REPORT ON THE CITY OF MIAMI INVESTIGATION INTO MIAMI-DADE COUNTY OVERCHARGING MUNICIPALITIES RELATIVE TO MILLAGE RATES. C) DISCUSSION OF POTENTIAL LAWSUIT AGAINST MIAMI-DADE COUNTY TO RECOVER REIMBURSABLE AFFORDABLE HOUSING FEES. D) COMMISSION STATUS REPORT ON MIAMI-DADE COUNTY'S PEOPLE'S TRANSPORTATION PLAN TAX RELATIVE TO THE CITY OF MIAMI (UPDATE ON BRICKELL DOWNTOWN TUNNEL). 04-0071 2-email.pdf DEFERRED Chairman Teele: Any other matters to come before the Commission, or need to be addressed? Madam Clerk, do you have any items? Commissioner Winton: How about our own items? Chairman Teele: Huh? Commissioner Winton: I have five items. Chairman Teele: OK. Yes, sir. Commissioner Winton: Skipping over me. City ofMiami Page 14 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Chairman Teele: You're recognized. Commissioner Winton: You want to -- My five items -- Vice Chairman Sanchez: Just put them all together (INAUDIBLE). Commissioner Winton: Well, they're discussion items. It's a discussion item concerning the status of the Commission -approved lawsuit against Miami -Dade County for water and sewer overcharges, status of an investigation Miami -Dade County overcharging (UNINTELLIGIBLE) relative to the millage rate, and also -- so, anyhow -- see the Manager over there. This is -- these are all actually serious items, if you read my agenda items, that I'm going to defer strictly at the request of the City Manager, and it's over some issues that have specifically with the County Manager and how he's treating the City ofMiami relative to the half penny sales tax, where he and his staff have given me information that consider to be out and out untruthful information, and I'm as mad as you can imagine about it, and I'm prepared to put every single one of these issues on an agenda, and I'm going to launch a volley that's unbelievable because I consider it to be -- and you all don't know because you haven't -- but underneath here right now -- I'm kind of smiling -- I'm as mad as I can be, because I consider what the Manager and one of his senior staff people have done to be -- "disrespectful" is the kindest word I can think of and so I'm prepared to launch this volley, but the Manager's in some negotiations with their manager over some issues that may resolve many of these things, but these issues are issues we've all talked about before. I think they're issues that we don't need to lose sight of. I'm not prepared to lose sight of them. We've kind of put them on a backburner in this whole interest of County and City working together, and I'm all in favor of that. I think when the County and City work together, nobody can beat us; we're a hell of a team, but frankly, I don't like the direction that some of the things are going with the administration. I don't have quarrel with a single Commissioner over there. I have never gone before that Commission, nor have I ever talked to a single Commissioner at Miami -Dade County, where we didn't agree on the issues, but this isn't about the policy making board; this is about staff that's doing things that I'm convinced the policy making board doesn't know about, and so, ifI have to, Mr. Manager, very shortly, I'm going to launch. Vice Chairman Sanchez: Well, let me encourage you to keep your finger on the trigger. Commissioner Winton: Trust me, I will, so I will defer all of my items. Chairman Teele: All right. Vice Chairman Sanchez: Hallelujah. Joe Arriola (City Manager): Make sure you say which manager (INAUDIBLE). Chairman Teele: Commissioner -- Commissioner Winton: Yes, the current administration ofMiami-Dade County. Chairman Teele: Commissioner, let me just say this. Keep your powder dry, but you're not the first guy that's been taken to the altar and left -- Commissioner Winton: High and dry. Chairman Teele: -- high and dry, so welcome to the club. Commissioner Winton: Yeah, but don't say, you know -- City ofMiami Page 15 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 D4.1 04-00727 District 4- Commissioner Tomas Regalado Chairman Teele: You're a little bit different cat? Commissioner Winton: I'm a little different cat and I got some gun powder. Chairman Teele: Is there any other matters to come before the Commission? Mr. Manager, let me compliment you on how well your staff and you have helped us get through this. Thank you very much. Motion to adjourn. So moved -- Commissioner Regalado: Second. Chairman Teele: -- and directed. DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ DISTRICT 4 COMMISSIONER TOMAS REGALADO DISCUSSION ITEM DISCUSSION CONCERNING WAIVING PARK RENTAL FEES FOR THE JOSE MANUEL FUENTES CHARITABLE EVENT TO BE HELD AT ROBERT KING HIGH PARK. 04-00727-cover memo.pdf MOTION A motion was made by Commissioner Regalado, seconded by Vice Chairman Sanchez, and was passed unanimously, to reimburse the Parks Department for park rental fees and expenses, in an amount not to exceed $600, for the Jose Manuel Fuentes Charitable Event to be held at Robert King High, from the District 4 Special Events Account. Chairman Teele: I think it's only fair that we have the five Commissioners on the dais when we take this up. Mr. Attorney, Madam Clerk, we're going to ask you to read into the record the minutes of the meeting when we broke off -- when we recessed. Then I'm going to ask the City Attorney to give us an opinion regarding the well -written documents that we've received, but we're going to wait until we get five people here. Are there any non -controversial items we need to clear? Johnny, you got anything you want to take up? Commissioner Regalado: Non -controversial -- Chairman Teele: What? Commissioner Regalado: The parcel west of the turnpike. Commissioner Winton: And I think all of my items are controversial. Chairman Teele: Didn't you have a fee waiver for -- you're laughing, but didn't you have a fee waiver for something in your district? Commissioner Regalado: Yes, sir. Chairman Teele: You want to move that now? City ofMiami Page 16 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Commissioner Regalado: Yeah, absolutely. Commissioner Winton: That's controversial. Commissioner Regalado: That is controversial because somebody is going to complain, but -- Mr. Chairman, I -- there is a young man who needs a heart transplant, and there is a group of community organizations that are holding a picnic to raise funds at Robert King Heights, and my motion is waiving the park rental fees for the Jose Manuel Fuentes charitable event to be held at Robert King Heights Park in August of this year. So move. Chairman Teele: Hold it, hold it, hold it. Please, nobody second it. Now, we can't do that. Commissioner Regalado: Why not? Chairman Teele: Because we got the funds from Vice Chairman Sanchez' efforts to save funds at the Bayfront Trust, which creates a special account for these kind of things, and -- Commissioner Regalado: Then I'll change the motion. Chairman Teele: And just pay from that special account. Commissioner Regalado: The motion is then to pay the Parks Department for all fees and expenses for the Jose Manuel Fuentes -- Vice Chairman Sanchez: And what are those expenses? Commissioner Regalado: -- event. Huh? Vice Chairman Sanchez: What are those expenses? Chairman Teele: Probably -- $600, probably. Vice Chairman Winton: $600, you said? Chairman Teele: How much is it? Does anyone know? Commissioner Regalado: I have no idea. Chairman Teele: Is the Budget Director here or somebody -- Commissioner Regalado: It's around 600. Javier knows. Vice Chairman Sanchez: I'd hate for those $600 to turn to $60,000, you know. Chairman Teele: Yeah, but it's his account, is what I'm saying. Commissioner Winton: Yeah, but he ought to support his own -- Vice Chairman Sanchez: Yeah, but -- I mean, you've got to put numbers. Commissioner Winton: -- it ought to have a number -- Vice Chairman Sanchez: You just can't -- City ofMiami Page 17 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Commissioner Winton: -- a not to exceed number. Chairman Teele: But what I'm saying is, we cannot -- Commissioner Regalado: No, no. OK. Chairman Teele: I told everybody that's come to me, we cannot waive money -- Vice Chairman Sanchez: No. Chairman Teele: -- fees, as long as we have funds in our -- in these accounts. Vice Chairman Sanchez: He's got -- I don't know what his balance is, but he should have 100, 000. Commissioner Regalado: No, 50,000. Commissioner Winton: No, because we all put 50 to something. Commissioner Regalado: 50,000. I -- that's the balance because the Park Department has a deficit -- Commissioner Winton: For the summer kids things. Commissioner Regalado: -- and -- well, summer kids and others. Vice Chairman Sanchez: Well, that should be enough to cover that event. Commissioner Regalado: What? Well, anyway, my motion is to use the special account -- Chairman Teele: For District Number -- Commissioner Regalado: For District Number -- Chairman Teele: -- District Number 2. Commissioner Regalado: -- District Number 4. Vice Chairman Sanchez: 4. Commissioner Regalado: If it's District Number 2, I'll take $3, 000. Vice Chairman Sanchez: Second. Chairman Teele: All right. Let's get the record straight. The motion is to pay the fees associated with this very worthwhile activity at the designated park from the account -- the account from District 4 for activities that are taking place in parks. Commissioner Regalado: In Robert King Heights. Chairman Teele: Robert King High Park. Commissioner Winton: In an amount not to exceed -- Commissioner Regalado: In an amount not to exceed -- City ofMiami Page 18 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Chairman Teele: Is that sufficient, Mr. Budget Director? Larry Spring (Chief of Strategic Planning, Budgeting and Performance): Yes. Commissioner Regalado: In an amount not to exceed $600. Chairman Teele: Why don't you say -- Commissioner Winton: Second. Chairman Teele: All right. In an amount not to exceed $600. All -- Commissioner Regalado: Just for the (UNINTELLIGIBLE). Chairman Teele: Second by Commissioner Winton. Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? Even that turned controversial. Commissioner Regalado: Can I do another non -controversial, or we have already -- Chairman Teele: We're ready to go? Commissioner Regalado: OK Chairman Teele: You have another non -controversial? Commissioner Regalado: No, I have several non -controversial. D4.2 04-00714 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY TO SEEK INJUNCTIVE RELIEF, OR ANY OTHER ACTIONS IN LAW OR IN EQUITY, TO ENSURE CITY CODE COMPLIANCE OF THE VIOLATIONS RELATED TO ILLEGAL UNITS, PARKING ON UNIMPROVED SURFACES, AND FAILURE TO HAVE A CERTIFICATE OF USE OF THE PROPERTY LOCATED AT 2292 SOUTHWEST 16TH TERRACE, MIAMI, FLORIDA, SO LONG AS THERE EXISTS INADEQUATE REMEDIES AT LAW AND THE LIKELIHOOD OF IRREPARABLE INJURY WILL OCCUR IF THE INJUNCTION IS NOT GRANTED; FURTHER AUTHORIZING THE CITY ATTORNEY TO INITIATE FORECLOSURE ACTION AGAINST THE PROPERTY LOCATED AT 2292 SOUTHWEST 16TH TERRACE, MIAMI, FLORIDA, FOR ANY OUTSTANDING LIENS RELATED TO CODE ENFORCEMENT OR COSTS RELATED TO THESE VIOLATIONS, PURSUANT TO APPLICABLE LAW. Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele Commissioner Regalado: OK I do have -- if you allow me -- City ofMiami Page 19 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Commissioner Gonzalez: Are we done with the regular agenda? Chairman Teele: We did not do all the items on the regular agenda. We have -- Madam Clerk, we got a few open items. Why don't you read -- Commissioner Regalado: I have a resolution. Commissioner Winton: We have all of my items still. Commissioner Regalado: Do I -- can I finish my thing? Chairman Teele: Yes, sir, by all means. Commissioner Winton: We have all of mine. Commissioner Regalado: Resolution of the Miami City Commission authorizing the City Attorney to seek injunctive relief or any other actions in law or in equity, to ensure City Code compliance of the violation related to illegal units, parking on unimproved surfaces -- Commissioner Winton: Second. Commissioner Regalado: -- and failure to have a Certificate of Use -- Chairman Teele: We have a motion and a second. Commissioner Regalado: -- of the property -- Chairman Teele: Discussion. Commissioner Regalado: -- located at 2292 -- Commissioner Winton: You don't have to read it all. Commissioner Regalado: -- Southwest 16th Terrace, Miami, Florida. Chairman Teele: Discussion. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All those opposed have the same right. D4.3 04-00753 DISCUSSION ITEM District 4- DISCUSSION DIRECTING THE FEDERAL LOBBYING TEAM TO GET Commissioner INVOLVED IN THE NOISE ABATEMENT PROGRAM FOR MIAMI Tomas Regalado INTERNATIONAL AIRPORT. 04-00753-cover memo.pdf MOTION A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and passed unanimously, directing the City Manager to instruct the federal lobbying team to get involved in the noise abatement program for Miami International Airport. Commissioner Regalado: The other item is a discussion directing the federal lobbying team of City ofMiami Page 20 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 the City ofMiami to get involved in the Noise Abatement Program -- Commissioner Winton: Second. Commissioner Regalado: -- for Miami International Airport. Chairman Teele: It's been moved and second. Is there objection? Commissioner Winton: Absolutely. Chairman Teele: Are there -- anyone in opposition? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same -- Commissioner Regalado: Frank -- Commissioner Winton: Aggressively involved. Commissioner Regalado: Frank -- Chairman Teele: Aggressively. Commissioner Regalado: Frank, maybe you can give us a hand in directing -- you know, the first item that I brought to this City Commission -- the first item ever -- Frank Rollason (Executive Director, Community Redevelopment Agency): I remember. Commissioner Regalado: -- in 1996, was the noise, and I remember your predecessor had told me, forget it, it's like death and taxes; airplane noise cannot be -- so -- Commissioner Winton: Well, that was always his attitude. Commissioner Regalado: But, you know, the problem is that it is now the federal government trying to stall this program, and if we get involved at the federal level, we may do something about it. Mr. Rollason: I think that's where we're at. We've done everything we can as the task force with the County, and it's in Atlanta, and it just keeps coming back with little things, and do it again, and -- Commissioner Winton: Yeah. Mr. Rollason: -- we need some help to grease the way. Commissioner Winton: Right. Commissioner Regalado: So would you -- Mr. Rollason: I will. I'll work with -- I've already talked with the administration -- Commissioner Regalado: OK Mr. Rollason: -- and I'll supply the information and meet with the federal lobbyists, or whoever, City ofMiami Page 21 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 D4.4 04-00754 District 4- Commissioner Tomas Regalado to bring them up to speed. Commissioner Regalado: Thank you very much, Frank. DISCUSSION ITEM DISCUSSION CONCERNING LEGISLATION TO ADDRESS THE FEEDING OF HOMELESS INDIVIDUALS ON CITY STREETS. 04-00754-cover memo.pdf MOTION A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and was passed unanimously, directing the City Attorney to schedule a discussion item on the September 9, 2004 Commission agenda to address the feeding of homeless individuals on City streets. Commissioner Regalado: The other item, Mr. Chairman, is to direct the City Attorney to place in the agenda for discussion the legislation to address the feeding of homeless individuals on City streets in the next agenda, on July 22nd. Chairman Teele: Is -- Commissioner Winton: How about not the next -- what -- isn't the next one -- Chairman Teele: What about the first meeting in May -- Commissioner Winton: -- the awful one? Chairman Teele: -- in September? Commissioner Winton: In September. Commissioner Regalado: September, OK. Chairman Teele: Is there a second? Commissioner Regalado: The first meeting -- Commissioner Winton: Second. Commissioner Regalado: -- in September. Commissioner Winton: Second. Chairman Teele: You got it, Madam Clerk, for the first -- Commissioner Regalado: First meeting in September. Chairman Teele: What are you putting on for the first meeting? Commissioner Winton: Discussion on feeding the homeless on the streets. Chairman Teele: Right. All those in favor of the item, say "aye." The Commission (Collectively): Aye. City ofMiami Page 22 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Chairman Teele: All opposed have the same right. DISTRICT 5 CHAIRMAN ARTHUR E. TEELE, JR. D5.1 04-00582 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING A COVENANT TO BUDGET AND APPROPRIATE, IN AN AMOUNT NOT TO EXCEED $7,500,000, AS A GUARANTEE FOR THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA"); AUTHORIZING THE CITY MANAGER TO EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, THE COVENANT AND ANY OTHER NECESSARY DOCUMENTS IN SUPPORT OF A LOAN FROM THE FLORIDA MUNICIPAL LOAN COUNCIL'S POOLED FINANCING PROGRAM TO THE CRA FOR CONSTRUCTION OF CAPITAL PROJECTS WITHIN THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AREA, CONTINGENT UPON THE CRA AGREEING THAT THE LOAN PROCEEDS MAY NOT BE USED OR APPROPRIATED WITHOUT FURTHER APPROVAL OF THE MIAMI CITY COMMISSION. 04-00582-legislation.pdf WITHDRAWN A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and was passed unanimously, to WITHDRAW item D5.1. Chairman Teele: D4.1. I'm sorry. Let's stay away from our stuff. Someone move to defer, please, D5.1. Motion by -- Commissioner Regalado: Me. Chairman Teele: -- Commissioner Regalado. Commissioner Regalado: D5.1. Chairman Teele: We're deferring it -- withdrawing it. Motion to withdraw it. Commissioner Gonzalez: Which one is that? Chairman Teele: It's my item. Commissioner Regalado: OK. Chairman Teele: That's the loan. That's the loan item. Commissioner Gonzalez: What is the number? Chairman Teele: D5.A. District 5, Number 1. I'm sorry. District 5, Number 1. Motion by Commissioner Regalado. Commissioner Gonzalez: Second. Chairman Teele: By Commissioner Gonzalez. All in favor, say "aye." City ofMiami Page 23 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 D5.2 04-00779 District 5- Vice Chair Michelle Spence -Jones The Commission (Collectively): Aye. Chairman Teele: All opposed? ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 14/ARTICLE V/SECTION 14-251 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT DISTRICT AND COMMUNITY REDEVELOPMENT AGENCY/GENERALLY/DEFINITIONS," CHANGING THE GOVERNING BODY PROVIDING FOR FOUR OF THE SEVEN MEMBERS TO BE NOMINATED BY THE MAYOR AND PROVIDING FOR THE DIRECTOR OF THE DEPARTMENT OF CAPITAL IMPROVEMENTS TO ACT AS DIRECTOR; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE OF SEPTEMBER 30, 2005. 04-00779-cover memo.pdf Motion by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Teele Absent: 1 - Commissioner Regalado Chairman Teele: All right, and then the other item is D5.2. Madam Attorney, read that into the record. Maria J. Chiaro (Interim City Attorney): Yes, and just for point of clarification, the first one that I read is designated file number 04-00783, and the one I'm reading now is designated file number 04-00779. The Ordinance was read by title into the public record by the Interim City Attorney. Chairman Teele: This is a public -- now, this is the alternate, right? Ms. Chiaro: This is the alternate. Chairman Teele: You had one and then you did a -- I guess, a substitute. This is a public hearing. Any person desiring to be heard should come forward. There are no persons coming forward. Would you move the item, Commissioner -- Commissioner Gonzalez: Move D5.2. Chairman Teele: Thank you. Vice Chairman Sanchez: Second. Chairman Teele: Is there objection? Madam Clerk, call the roll. Commissioner Winton: Before we go there, here -- it seems to me that there was also -- and, again, I'm really -- I only had been very briefly briefed on this during the lunch break. It seems like one of these proposals had a late 2005 implementation time frame and the other late 2004. Vice Chairman Sanchez: His is the late implementation, Commissioner Teele's. Commissioner Winton: Well, my view is relative to when we hear these again, I've missed two meetings or three meetings in a row, and my schedule's a mess, and so I just don't -- I don't have City ofMiami Page 24 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 time. It's a time issue, so my vote is to do something that gets us quicker as opposed to later, because it isn't fair for anybody. It isn't fair for CRA (Community Redevelopment Agency); it isn't fair to each of you guys ifI can't make these meetings, and my schedule is a real mess, so the sooner we could move this, the better because I'm -- it's just going to be a struggle for me, so that's -- that's the only point I wanted to make, relative to when we might hear second reading. Vice Chairman Sanchez: That's an issue we could address in September. Chairman Teele: The effective date can be -- Vice Chairman Sanchez: October. Chairman Teele: -- any date that we agree on in the second reading, so that's not an issue. Commissioner Winton: Fine. Chairman Teele: I think the thing -- just so that everybody knows, the thing that you need to focus on -- and the Budget Director and the Attorney need to get together and do a memo -- is that the current ordinance of the CRA is an ordinance that is totally -- the current ordinance of the CRA is totally inconsistent with the way we're operating now, just so that everybody knows. The current ordinance that is in effect in the CRA requires that the Planning Director be the Executive Director of the CRA, and that was set aside by the Oversight Board at my request, when we were under an Oversight Board. Technically, when the Oversight Board went away, that ordinance was no longer -- that set aside was no longer valid, and we were supposed to revert back to that, so that, again, speaks to your issue, as well, on doing something in a timely manner, but I think it's very important that everybody understand how the Oversight Board set it aside, why they set it aside. Mr. Beaty was the Chairman of the board at the time, and he heard all the sides and set it aside, so that everybody know. Vice Chairman Sanchez: And that will be one of the issues that will be heavily debated. Chairman Teele: Exactly, exactly. Commissioner Winton: OK. Chairman Teele: Madam Clerk. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. City ofMiami Page 25 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 PUBLIC HEARING PH.1 04-00693 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING THAT IT IS MOST ADVANTAGEOUS FOR THE CITY OF MIAMI TO WAIVE COMPETITIVE SEALED BIDDING PROCEDURES; AUTHORIZING THE NEGOTIATION AND EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SHELDON ZEDECK, PH.D., TO PROVIDE CONSULTING SERVICES IN THE AREA OF TEST DEVELOPMENT, SCORE ANALYSIS, JOB ANALYSIS AND REVIEW OF SELECTION PROCEDURES FOR THE CLASSIFICATIONS OF POLICE OFFICER, POLICE LIEUTENANT AND PUBLIC SERVICE AIDE, IN AN EFFORT TO MEET THE REQUIREMENTS TO DISSOLVE THE 1977 CONSENT DECREE, IN AN ANNUAL AMOUNT NOT TO EXCEED $80,000, FOR A TWO-YEAR PERIOD WITH THE OPTION TO EXTEND FOR TWO ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE DEPARTMENT OF EMPLOYEE RELATIONS, ACCOUNT CODE NO. 001000.270101.6.270. 04-00693-cover memo.pdf 04-00693-employee relations memo.pdf 04-00693-budgetary impact.pdf 04-00693-pre reso.pdf 04-00693-pre psa.pdf 04-00693-pre reso 2.pdf 04-00693-pre reso 3.pdf 04-00693-public notice memo.pdf 04-00693-public notice .pdf 04-00693-resume.pdf 04-00693-exhibit 1-psa.pdf 04-00693-exhibit 2- scope of work.pdf 04-00693 - police summary.pdf Motion by Vice Chairman Sanchez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Teele Absent: 1 - Commissioner Regalado R-04-0454 Chairman Teele: OK. Could we go down those items, Mr. Manager, right down the line. Right now we're at public hearing expert consultant PH.1; followed by PH 2, 3, and then we'll go straight down FR -- Vice Chairman Sanchez: PH -- Chairman Teele: -- 1, 2, 3, right down the line. Commissioner Winton: So, where'd you say we were going to be done? City ofMiami Page 26 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Chairman Teele: Sir. Commissioner Winton: What number now? Chairman Teele: Right now we're at -- Vice Chairman Sanchez: PH.1. Ana Gonzalez Fajardo (Deputy Director, Employee Relations): PH.1. Chairman Teele: PH.1. Public hearing expert consultant. Why is this a public hearing? Ms. Fajardo: Because it's a bid waiver. We're asking you to waive the bid, and it was advertised pursuant to the requirement. Ana Gonzalez Fajardo, Deputy Director, Employee Relations. The resolution before you is requesting that you approve the City Manager's recommendation for a bid waiver, competitive sealed bids and for -- excuse me -- to enter into a professional services agreement with Dr. Zedek for consulting services in the area of Test Development, Score Analysis, Job Analysis and Review Selection procedures as required by the consent decree that we're under with the Department ofJustice for the positions of Police Officers, Police Lieutenant, Public Service Aide. The reasons we're recommending this: It would be advantageous to the City to enter into this agreement with Dr. Zedek because he has historical knowledge, he has the data, and he's built a longstanding relationship with the Department ofJustice since 1996. To have a competitive bid at this time would -- we'd lose time; it'd be costly; it would be bringing someone in who has to learn about our history. He's very well respected and he's renown in this field, and the contract is for $80, 000, so -- Vice Chairman Sanchez: All right. Ms. Fajardo: -- at this time, we're asking that you approve it. Vice Chairman Sanchez: It's a public hearing. Chairman Teele: This is a public hearing. Any person desiring to be heard should come forward. There are no persons coming forward. Vice Chairman Sanchez: So moved, Mr. Chairman. Chairman Teele: Public hearing's closed. It's moved. Commissioner Winton: Second. Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. The item is unanimously adopted. Ms. Fajardo: Thank you. PH.2 04-00694 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE City ofMiami Page 27 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 ACQUISITION OF FUEL COLLARS AND ELECTRONIC COMPONENTS, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, FOR THE AUTOMATED COMPUTERIZED FUEL FACILITY (FUEL-O-MAT), FROM AUTOMOTIVE COMPUTERS AND EQUIPMENT, INC., THE SOLE SOURCE DISTRIBUTOR FOR MANUFACTURER RAPAC NETWORK INTERNATIONAL, INC., ON AN AS -NEEDED CONTRACT BASIS FOR A ONE-YEAR PERIOD, WITH THE OPTION TO EXTEND FOR TWO ADDITIONAL ONE-YEAR PERIODS, IN AN AMOUNT NOT TO EXCEED $170,000, FOR THE FIRST YEAR, AND AN ANNUAL AMOUNT NOT TO EXCEED $35,000, FOR EACH EXTENSION YEAR, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $240,000; ALLOCATING FUNDS FROM THE CAPITAL IMPROVEMENT PROJECT NO. 311850.429401.6.840. 04-00694-cover memo.pdf 04-00694-budgetary impact.pdf 04-00694-purchasing memo.pdf 04-00694-purchasing memo 2.pdf 04-00694-gsa memo.pdf 04-00694-public notice memo.pdf 04-00694-public notice .pdf 04-00694-letter.pdf 04-00694-q uatation. pdf 04-00694-award.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-04-0455 Chairman Teele: Public Hearing Number 2. This is a public hearing. Any person desiring to be heard should come forward regarding fuel collars and electronic components. There are no persons coming forward. Yes, sir, would you explain what we're doing? Alex Martinez (Acting Director, General Services Administration): These are the fuel collars that -- Chairman Teele: Hold it, hold it. I love you, Alex, but you've got to introduce yourself. Mr. Martinez: Alex Martinez, Acting Director, General Services Administration. These are the fuel -- Chairman Teele: But what's your title? Mr. Martinez: Acting Director of General Services Administration. Vice Chairman Sanchez: How long have you been acting? Chairman Teele: How long you been acting? Mr. Martinez: Three and a half years. Chairman Teele: You should join the union. Vice Chairman Sanchez: I was going to say -- City ofMiami Page 28 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Mr. Martinez: The fuel collars is the second stage of our fuel island renovations, where we renovated the entire fuel islands, and the fuel collars will serve to increase the control over our fleet, allowing us that every time a car goes to fuel, they will -- we will get all the mileage that they have performed. If for some reason, the driver does not want to take the car in for fueling, we can always turn off the fuel, and that way, force the vehicle to come in here and we would have a greater degree of control over our vehicles. Commissioner Regalado: What are we doing? Commissioner Winton: So moved. Vice Chairman Sanchez: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? This is public hearing 1, 2. PH.3 04-00695 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING THAT IT IS PRACTICABLE AND MOST ADVANTAGEOUS FOR THE CITY OF MIAMI TO WAIVE COMPETITIVE SEALED BIDDING PROCEDURES; AUTHORIZING THE NEGOTIATION AND EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE UNIVERSITY OF MIAMI CENTER FOR RESEARCH IN MEDICAL EDUCATION ("UMCRME"), FOR THE DEPARTMENT OF FIRE -RESCUE, TO PROVIDE THE DELIVERY OF EMERGENCY RESPONSE TO TERRORISM ("ERT") TRAINING FOR THE MIAMI URBAN AREA'S FIRST RESPONDERS, INCLUDING EQUIPMENT, COURSE DELIVERY, OUTCOMES ASSESSMENT AND QUALITY IMPROVEMENT, EFFECTIVE UNTIL DECEMBER 31, 2005, TO COINCIDE WITH THE END OF THE 2004 URBAN AREAS SECURITY INITIATIVE ("UASI") GRANT PROGRAM II, WITH THE OPTION TO EXTEND FOR ONE (1) ADDITIONAL YEAR TO COINCIDE WITH ANY AND ALL APPROVED EXTENSIONS OF THE UASI 2004 GRANT, AT A TOTAL AMOUNT NOT TO EXCEED $587,500; ALLOCATING FUNDS FROM THE UASI GRANT PROGRAM II, PROJECT NO. 110111, ACCOUNT CODE NO. 280910.6.270. 04-00695-cover memo.pdf 04-00695-memo from fire.pdf 04-00695-budgetary impact.pdf 04-00695-public notice memo.pdf 04-00695-public notice .pdf 04-00695-pre legislation.pdf 04-00695-exhibit 1-psa.pdf 04-00695-exhibit 2-scope of work.pdf 04-00695-exhibit 3-cert. of insurance.pdf City ofMiami Page 29 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 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-04-0456 Chairman Teele: We're on 3. Public Hearing Number 3. University ofMiami Sub Grant, USI - UASI (Urban Areas Security Initiative) Initiative. Yes, sir. Commissioner Winton: Home free. Joe Fernandez: Joe Fernandez, Assistant Fire Chief Department of Fire -Rescue. This item is to provide training for the emergency responders. It's funded by the Urban Areas Security Initiative, and it's being done out of the University ofMiami medical training lab on the JMH (Jackson Memorial Hospital) campus, where most of our paramedics and firefighters are trained. It is funded by the Urban Areas Security Initiative, and one of the major issues here is that due to the federal grant deadlines, we have to have over 1,000 people trained within 11 months of the federal deadline for the first UASI grant, so we are trying to get this done expedited, and we have an expert institution in our area here, and the only one that is -- office who did best to get preparedness approved to provide it at this point. Commissioner Winton: So moved. Commissioner Gonzalez: Second. Chairman Teele: This is a public hearing. Any person desiring to be heard should come forward. There are no persons -- is this a public hearing? Mr. Fernandez: Yes, it is. Chairman Teele: Yeah. There are no persons coming forward. The public hearing's closed. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. The item is unanimously adopted. 3:00 P.M. PH.4 04-00697 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ('HOPWA") PROGRAM FUNDS IN THE AMOUNT OF $875,000, FROM MOVERS, INC. CAPITAL PROJECTS AND ALLOCATING SAID FUNDS TO THE FOLLOWING PROJECTS BASED RENTAL SUBSIDY OR OPERATING SUPPORT PROGRAMS EFFECTIVE OCTOBER 1, 2004 TO SEPTEMBER 30, 2005: (1) BAME DEVELOPMENT CORPORATION OF SOUTH FLORIDA, INC., IN THE AMOUNT OF $50,000, FOR OPERATING SUPPORT OF BETHEL ARMS APARTMENTS; (2) MOVERS, INC., IN THE AMOUNT OF $80,500, FOR OPERATING SUPPORT OF SUGAR HILL PROPERTIES; (3) MOVERS, INC., FOR OPERATING SUPPORT OF LIFE QUEST I & II, IN THE AMOUNT OF $63,000; AND (4) THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT EMERGENCY RENTAL, MORTGAGE AND UTILITY City ofMiami Page 30 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 ASSISTANCE PROGRAM, IN THE AMOUNT OF $681,500; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID AGENCIES. 04-00697-cover memo.pdf 04-00697-public notice.pdf 04-00697-pre resolution.pdf 04-00697-pre attachments.pdf 04-00697-pre resolution 2.pdf 04-00697-pre notice.pdf 04-00697-exhibit- agreement.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-04-0444 Chairman Teele: All right. Madam Director, we have noticed some things for a time certain. Barbara Rodriguez: Barbara Rodriguez, Department of Community Development. PH.4, it's a transfer of HOPWA (Housing Opportunities for Persons Living with AIDS) program funds from MOVERS (Minorities Overcoming the Virus through Education and Spirituality), Inc. capital projects to various project -base rental subsidy. Chairman Teele: All right. Hold on, Ms. Rodriguez. Chairman Teele: All right. PZ (Planning and Zoning) Item Number 4. Barbara Rodriguez (Director, Department of Community Development): PZ Item Number 4 is requesting approval to trans -- the transfer of HOPWA (Housing Opportunity for Persons Living with AIDS) program funds from MOVERS (Minority Overcoming the Virus Through Education), Inc. capital projects to various project base rental subsidy for operating support. This will give BAME (Bethel African Methodist Episcopal) Development Corporation of South Florida $50,000; MOVERS, Inc. for Sugar Hill Properties, $80,500; MOVERS, Inc. Life Questl and II for 63,000, and the remaining funds will be for the long-term program assistance for 681, 500. Chairman Teele: This is a public hearing regarding MOVERS. Is there any person here that would like to be heard on MOVERS? And we're well aware of the challenges, and I hope that the City is working positively with the County and with the MOVERS board in helping them to positively resolve those issues. Ms. Rodriguez: We are. Chairman Teele: There are no persons coming forward. Thank you all very much for coming out today. Thank you all for coming. There are no persons coming forward. The public -- Commissioner Gonzalez: Move PH 4 Chairman Teele: -- hearing is closed. There is a motion. Is there a second? Commissioner Regalado: Second. Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 31 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 PH.5 04-00698 Department of Community Development Chairman Teele: All opposed. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS, IN THE AMOUNT OF $600,000, FROM THE MODEL CITY REVITALIZATION DISTRICT TRUST AND ALLOCATING SAID FUNDS TO THE CITY OF MIAMI'S DEPARTMENT OF OFF-STREET PARKING AUTHORITY; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 04-00698-cover memo.pdf 04-00698-public notice.pdf 04-00698-exhibit-ag re a me nt. pd f DEFERRED A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and was passed unanimously, with Commissioner Winton absent, to DEFER item PH.5 to the Commission Meeting currently scheduled for July 22, 2004. Direction to the Administration by Chairman Teele to ensure that the Department of Off -Street Parking brief each Commissioner what they are doing relating to Item PH.5. See related notations under Item PH9. Chairman Teele: Let's dispense with the items that you fried to defer this morning, andl would not let you defer them. Barbara Rodriguez (Director, Community Development): I would like to defer PH.5 and PH.9. Chairman Teele: Is there a motion? Commissioner Regalado: Move it. Chairman Teele: Is there a second? Commissioner Gonzalez: Second. Chairman Teele: All in favor -- this is a public hearing. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. You want to put on the record why you're transferring P -- why we have delayed PZ.5 and 9? Ms. Rodriguez: PZ.5, it was transferring community development funds from the Model City District Trust to the Off -Street Parking Authority, and we are frying to confirm an address of one of those parking lots, so that's the reason that we're saying to defer. Chairman Teele: Could we make sure that Off -Street Parking comes by and briefs each Commissioner on what they're doing so that everybody understands exactly how -- City ofMiami Page 32 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Ms. Rodriguez: We will. Chairman Teele: I think all of us are using Off -Street Parking in a more efficient way. Ms. Rodriguez: We will. Chairman Teele: And would you explain why we deferred PZ.9, because I see a number of my constituents that are here, and I just want them to understand what's going on. Ms. Rodriguez: PH.9 was the allocation of $150, 000 to the Hispanic Business Initiative Fund of the Greater Miami, Inc., and 250,000 of the Little Haiti Federal Credit Union. On the issue of the Hispanic Business Initiative Fund, some Commissioners have expressed that they would like to receive additional information on it and we will be working with them, and on reference on the Little Haiti Federal Credit Union, we had a meeting with their board on Friday, and we're looking for clarification on two issues: One, about having public meetings and they were going to get back to us on that. We also wanted -- let me get the notes on it. Commissioner Regalado: Mr. Chairman, just one clarification. On PH.9 -- Chairman Teele: 9? Commissioner Regalado: Yeah, PH.9. Chairman Teele: Right. Commissioner Regalado: On the amount for the Business Initiative Fund of Greater Miami, Inc. Chairman Teele: She deferred that. Commissioner Regalado: Right, she deferred that. Chairman Teele: You deferred that. It was your motion. Commissioner Regalado: Yeah, I know, but she asked. Chairman Teele: Right. Commissioner Regalado: My problem is not information. I will not participate because that program does not address the issue of this report, nor they can guarantee. Chairman Teele: Commissioner, the subject -- issue that we're discussing is the -- Commissioner Regalado: The deferral. Vice Chairman Sanchez: Deferral. Chairman Teele: -- is the deferral. Commissioner Regalado: Yeah. That way -- Chairman Teele: Yes, but let's don't have a substantive discussion -- Commissioner Regalado: That way, they know -- City ofMiami Page 33 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Chairman Teele: I'm going to keep -- Commissioner Regalado: That way, they know that they don't need to give me information. I will not participate. Chairman Teele: All right. Well, let's don't get into a substantive discussion. All right, go right ahead, and on the credit union, you had given one reason, and the second reason? Ms. Rodriguez: We're also frying to find out about the eligibility with US -HUD (United States Department of Urban Development) and the requirements that we're going to have in that particular contract, so those are some of the issues that we will continue working with their board, and hopefully, we will have it resolved by July 22nd. Chairman Teele: All right. Madam Director, I also have an additional concern and that is, I have said to the Little Haiti Credit Union Board that I am prepared to support an interim -- a consultant to come in from the outside based upon whatever the regulators want. It's not the FDIC (Federal Deposit Insurance Corporation). It's the N -- Where is the chairman of the Oversight Committee? Unidentified Speaker: That would be me. Chairman Teele: And, Mr. Manager, I want to commend the head of technology, who is a member of the Oversight Committee; who has really rolled up his sleeves. I'm not going to commend the Budget Director and the Community Development Director because it's their business sort of to do it, but all three of them deserve real commendations. They've really worked hard to try to understand the credit union issues. I commend you, sir. Larry Spring (Chief of Strategic Planning, Budgeting and Performance): Thank you. Thank you, Commissioner. Chairman Teele: Your name for the record. Mr. Spring: Larry Spring, Chief of Strategic Planning, Budgeting and Performance. Chairman Teele: What's the name of the regulatory agency that regulates the credit union? Mr. Spring: The NCUA, the National Credit Union Administration. Chairman Teele: OK. Go right ahead, ma'am. And my concern, of course, is that I have said that we will come up with funds, whether it be general funds or funds from my office or whatever, to provide a consultant that is not reflective of the community or not even necessarily from Miami -Dade County, but to bring in a president or general manager or an interim general manager, when the essence of this grant is to build membership, is something I will not support. The director, the general manager or the acting general manager must be a person -- Black, White or Hispanic; male or female or otherwise -- that knows Miami -Dade County. The reason that we're helping out is to build the base, and anything else will not meet it, OK, so I just want to make sure that the Oversight Committee takes that back to the board of directors, and we could have a substantive discussion at a later date. Commissioner Regalado: Can do the millage? Chairman Teele: Edison -- what item are you all here on? Priscilla A. Thompson (City Clerk): Sir -- City ofMiami Page 34 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Chairman Teele: What item are you here on, ma'am? Harriett Gardner: On the 30th Year funding for the CDBG (Community Development Block Grant), Community Developmental (sic) Block Grant. Chairman Teele: That's -- we've called all the CDBG items. Ms. Gardner: Right, but we weren't on that. Chairman Teele: Well, why don't we do this. Has the signer gone home, Barbara? Ms. Thompson: Sir, Mrs. -- Commissioner, it's my understanding that we signed up for the CDBG general obligation bonds 30 years. That was PH 9 and it was deferred. Chairman Teele: Whoa. Are they aware that it was deferred? Ms. Gardner: Well -- Chairman Teele: Give us your name and address for the record. Now, ladies and gentlemen, no one can sit in their seat and yell. We encourage people to go to the Miami Heat games and do that, but when you come here, we want you to come to the dais, give us your name and address for the record. Yes, ma'am, please. Your name and address for the record. Ms. Gardner: My name is Harriett Gardner. I am actually from the Edison properties -- Edison Towers on 7th Avenue, 5821 Northwest 7th Ave. We actually applied for a grant for this CDBG, and we just came here because we were actually given 15,000 out of the 200,000 that we asked for to take care of -- Chairman Teele: Let me actually do this. We've taken up all of the CD (Community Development) items. Ms. Gardner: Right. Chairman Teele: If you would go back to my office, I think the Community Development Director will meet with you. Ms. Gardner: OK Chairman Teele: And if we need to have another hearing on this, I think she would agree to schedule it for the next Commission meeting, but we've done all of the CD -- all of the community development items today that are on the agenda. Ms. Gardner: OK Chairman Teele: And we'll work with you, I can assure you. Is this on the security gates -- Ms. Gardner: Right. Chairman Teele: -- and all of that? Ms. Gardner: Right. Chairman Teele: OK. That's public services. Ms. Rodriguez: And they got the - OK. City ofMiami Page 35 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 PH.6 04-00699 Department of Community Development Ms. Gardner: Thank you. Chairman Teele: Thank you so much, and thank you all for coming. I apologize. Thank you all. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA") PROGRAM FUNDS, IN THE AMOUNT OF $100,000, FROM MOVERS, INC., FOR OPERATING SUPPORT PROGRAMS, AND ALLOCATING SAID FUNDS TO MOVERS, INC., FOR THE REHABILITATION OF THE LIFE QUEST FACILITIES I AND II; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MOVERS, INC., FOR SAID PURPOSE. 04-00699-cover memo.pdf 04-00699-public notice.pdf 04-00699-pre resolution.pdf 04-00699-pre agenda pages.pdf 04-00699-exhibit- agreement.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 PH.7 04-00700 R-04-0445 Barbara Rodriguez (Director, Community Development): PH.6 is basically transferring $100,000 of HOPWA (Housing Opportunity for Persons Living with AIDS) program funds from MOVERS (Minorities Overcoming the Virus through Education and Spirituality), Inc. for operating support programs to MOVERS, Inc., but for the rehabilitation of Life Quest facility. Chairman Teele: This is a public hearing. Any person desiring to be heard should come forward. There are no persons coming forward. The public hearing is closed. Is there a motion? Commissioner Gonzalez: Move PH.6. Commissioner Regalado: Second. Chairman Teele: Moved by Commissioner Gonzalez; second by Commissioner Regalado. Vice Chairman Sanchez: 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. RESOLUTION City ofMiami Page 36 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF FUNDS IN THE Development AMOUNT OF $195,000, FROM THE CITY OF MIAMI BUILDING DEPARTMENT FUND, AND AN AMOUNT OF $120,000, FROM THE COMMERCIAL CODE COMPLIANCE PROGRAM FOR A TOTAL TRANSFER AMOUNT OF $315,000; ALLOCATING SAID FUNDS TO THE COMMERCIAL FAQADE PROGRAM. 04-00700-cover memo.pdf 04-00700-public notice.pdf 04-00700-exh i bit. 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-04-0446 Barbara Rodriguez (Director, Community Development): PH.7 is transferring $195, 000 from the City ofMiami Building Department and $120, 000 from the Commercial Code Compliance to fund additional commercial facade program; for a total of 315, 000. Chairman Teele: This is a public hearing. Any person desiring to be heard should come forward. There appear to be no persons coming forward. The public hearing is closed. Is there a motion? Commissioner Gonzalez: Move PH.7. Chairman Teele: Is there a second? Vice Chairman Sanchez: Second. Chairman Teele: Is there objection? Commissioner Regalado: Just a comment. This money for the facade is -- Ms. Rodriguez: For businesses. Commissioner Regalado: For businesses. Ms. Rodriguez: Correct. Commissioner Regalado: But last meeting, Barbara, the five members of the City Commission said, the City, as a government, should not get involved in the facades. Ms. Rodriguez: That's correct. This money goes to a pool of money, so when the different agencies bring the payment of the businesses, that's where it's going to. Commissioner Regalado: And it's on a need basis -- Ms. Rodriguez: First come, first served. Commissioner Regalado: -- for any district? Ms. Rodriguez: First come, first served. City ofMiami Page 37 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Commissioner Regalado: OK, but not the City? We're not in the facade business. Ms. Rodriguez: Not the City. Not the City. Commissioner Regalado: OK Chairman Teele: All right. There is further discussion. There is no further discussion. We have a motion and a second. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. PH.8 04-00701 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S) APPROVING THE CITY OF MIAMI'S ("CITY") PUBLIC Development HOUSING AGENCY ("PHA") PLANS, INCLUDING THE FIVE-YEAR STRATEGIC 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; 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 SAID PROGRAM; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS AND CERTIFICATIONS REQUIRED, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SUBMISSION OF THE CITY'S PHA PLANS TO HUD; FURTHER ACCEPTING SECTION 8 MODERATE REHABILITATION PROGRAM FUNDS, IN THE AMOUNT OF $3,100,000, FROM FISCAL YEAR 2004 ANNUAL CONTRIBUTIONS FROM HUD. 04-00701-cover memo.pdf 04-00701-public notice.pdf 04-00701-exhibit 1.pdf 04-00701-exhibit 2.pdf 04-00701-exhibit 3.pdf 04-00701-exhibit 4.pdf 04-00701-exhibit 5.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-04-0447 Barbara Rodriguez (Director, Community Development): PH.8 is the adoption of the public housing agency plan for the next five years. This is from 2004 to 2009, and this has to do with our Section 8 Mod Rehab contract. Chairman Teele: All right. Is there a public discussion? This is a public hearing. Any person desiring to be heard? The public hearing is closed. Discussion. Is there a motion? City ofMiami Page 38 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 PH.9 04-00702 Department of Community Development PH.10 04-00711 Department of Community Development Vice Chairman Sanchez: So moved. Commissioner Regalado: Second. Chairman Teele: Discussion. Madam Director, I want to, again, say to the Mayor -- Manager, I guess, how improved the process is. The transparency, I think, is exactly what the Fed -- the CFR (Code of Federal Regulations) requires and this, I think, is the first time that the public notice is appropriate and in compliance with the federal requirement, and I would ask you to make a note of the public notices in the past so that the Manager and others can see, because you all are doing an outstanding job and I commend you, and I guess the Law Department. Ms. Rodriguez: Thank you. Chairman Teele: We have a motion and a second. Do we have a motion and a second? Do we have objection or unreadiness? If not, all those if favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: Those opposed have the same right. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF 30TH YEAR ECONOMIC DEVELOPMENT RESERVE FUNDS IN AN AMOUNT NOT TO EXCEED $250,000; ALLOCATING SAID FUNDS TO THE LITTLE HAITI-EDISON FEDERAL CREDIT UNION FOR ECONOMIC DEVELOPMENT ACTIVITIES BEGINNING OCTOBER 1, 2004 TO SEPTEMBER 30, 2005; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SAID AGENCY FOR SAID PURPOSE, IN SUBSTANTIALLY THE ATTACHED FORM. 04-00702-cover memo.pdf 04-00702-exhibit- agreement.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.9 to the Commission Meeting currently scheduled for July 22, 2004. See related notations under Item PH.5. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM FUNDS, IN THE AMOUNT OF $50,000, FROM THE LITTLE HAITI JOB CREATION PILOT PROJECT, AND ALLOCATING SAID FUNDS TO FANM AYISYEN NAN MIYAMI, INC., FOR ECONOMIC DEVELOPMENT ACTIVITIES BEGINNING OCTOBER 1, 2004 TO SEPTEMBER 30, 2005; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID AGENCY. City ofMiami Page 39 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 04-00711-cover memo.pdf 04-00711-public notice.pdf 04-00711-pre resolution.pdf 04-00711-pre proposals.pdf 04-00711-pre resolution. 2.pdf 04-00711-pre program guidelines.pdf 04-00711-exhibit-agreement.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-04-0448 Direction to the Administration by Chairman Teele to host a workshop within 90 days, including consultants to teach agencies the federal regulations of economic development and facade funds; further stipulating that all agencies receiving Community Development Block Grant (CDBG) funds for said programs should be obligated to attend said workshop. Barbara Rodriguez (Director, Community Development): PH 10 is transferring $50, 000 from the Little Haiti Job Creation Pilot Project to FANM (Fanm Ayisyen Nan Miyami, Inc.) for economic development activities. Chairman Teele: All right. This is a public hearing. Any person desiring to be heard should come forward. Where is the FANM representative? I just saw them -- Ms. Rodriguez: Yes, she was here. Chairman Teele: Where is the FANM representative? OK, now, Madam Director, whatl want to say is this: This economic development category is a very, very troublesome category with -- along with the facade stuff. The feds are just all over us. I mean, we need to make sure that we get appropriate technical assistance, and I think it would be very helpful if we could host a workshop for Economic Development and facade, with the federal government and with some of these Washington, DC organizations to come in, because the Facade Program and everything relating to economic development is being really just -- Ms. Rodriguez: I agree. Chairman Teele: -- grind to a halt, and I would like to make a request and I would hope -- Ms. Rodriguez: We will. Chairman Teele: -- that Commissioner Gonzalez would make it as a companion motion maybe, to ask that there be a workshop within 90 days, with experts and consultants and the federal government, on how to comply with the regulations. Ms. Rodriguez: We're trying to have one in August that -- there's no Commission meeting and we're trying to have it here to invite all of the agencies that are currently doing -- plus new ones that do want to -- Chairman Teele: But it should be mandatory to any agency that is getting -- that has applied for money. If they apply for money and got it and applied for money and didn't get it -- Ms. Rodriguez: OK. City ofMiami Page 40 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Chairman Teele: -- we should write it as a mandatory letter, or if they had money last year, or left over money, because we need to come into compliance. Miami -Dade County is having a fit of a time with this thing right now, and they have a lot more flexibility to pay it back than we do, but the regulations apparently are just changing all the time, and this environmental stuff is driving everybody crazy. Ms. Rodriguez: We will. Chairman Teele: OK. We have a motion and a second. We need -- the public hearing is closed. We need a motion. Commissioner Gonzalez: Move PH.10. Commissioner Regalado: Second. Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed, say "no." Ms. Rodriguez: Thank you very much. City ofMiami Page 41 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 ORDINANCES - FIRST READING FR.1 04-00703 ORDINANCE First Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Police ORDINANCE NO. 11418, AS AMENDED, ADOPTED DECEMBER 12, 1996, WHICH ESTABLISHED INITIAL RESOURCES AND APPROPRIATIONS FOR THE SPECIAL REVENUE FUND ENTITLED, "PARTNERSHIP FUND;" INCREASING THE APPROPRIATIONS IN THE AMOUNT NOT TO EXCEED $17,208, CONSISTING OF DONATIONS FROM VARIOUS PRIVATE ORGANIZATIONS; AUTHORIZING THE DEPARTMENT OF POLICE ("POLICE") TO ACCEPT DONATIONS FROM VARIOUS PRIVATE ORGANIZATIONS TO BE DEPOSITED IN SAID SPECIAL REVENUE FUND; FURTHER AUTHORIZING THE EXPENDITURE OF SAID FUNDS TO SPONSOR NUMEROUS COMMUNITY EVENTS AND IN-HOUSE PROGRAMS, INCLUDING THE PUBLICATION OF THE DEPARTMENT'S ANNUAL REPORT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 04-00703-cover memo.pdf 04-00703-budgetary impact.pdf 04-00703-pre ordinance.pdf 04-00703-pre ordinance 2.pdf 04-00703-pre ordinance 3.pdf Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele Chairman Teele: FR.1, read the ordinance, Madam Attorney. The Ordinance was read by title into the public record by the Interim City Attorney. Commissioner Winton: So move. Chairman Teele: This is a public hearing. Any persons desiring to be heard should come forward. There are no persons coming forward. The public hearing's -- Commissioner Gonzalez: Second. Chairman Teele: -- closed. There's a motion and a second by Commissioners Winton and Gonzalez, respectively. Madam Clerk. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. FR.2 04-00704 ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE ESTABLISHMENT OF CRITERIA AND A SELECTION PROCESS, ATTACHED AND INCORPORATED, TO FACILITATE THE AWARD OF SCHOLARSHIPS FROM THE CITY OF MIAMI First Reading City ofMiami Page 42 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 DEPARTMENT OF SOLID WASTE'S RECYCLING AND EDUCATIONAL TRUST FUND, ESTABLISHED THROUGH CHAPTER 22, SECTION 22-15 ENTITLED "EDUCATIONAL TRUST FUND;" CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 04-00704-cover memo.pdf 04-00704-solid waste memo.pdf 04-00704-detailed revenue & expenditure.pdf 04-00704-pre ordinance.pdf 04-00704-pre ordinance 2.pdf 04-00704-exh i bits. pdf Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele Chairman Teele: All right. FR.2. Madam Attorney. The Ordinance was read by title into the public record by the Interim City Attorney. Chairman Teele: All right. Commissioner Winton: So move. Chairman Teele: This is a public hearing. Any person desiring to be heard should come forward. There are no persons coming forward. It's moved by the -- Commissioner Winton. Commissioner Regalado: Second. Chairman Teele: Second by Commissioner Gonzalez. Madam Clerk. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. FR.3 04-00734 ORDINANCE First Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION, RELATING TO Attorney DEVELOPMENT IMPACT FEES; AMENDING CHAPTER 13, SECTIONS 13-2(B)(3), 13-2(B)(4), 13-5, 13-6(3) AND 13-6(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ELIGIBLE IMPACT FEE EXEMPTION DESIGNATION AREAS FOR ALL DUPLEX AND RESIDENTIAL DEVELOPMENT FROM "COMMUNITY DEVELOPMENT TARGET AREAS" TO THE NEWLY CREATED COMMUNITY DEVELOPMENT DEPARTMENT CLASSIFICATION OF "NEIGHBORHOOD DEVELOPMENT ZONES;" CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 1, 2004. 04-00734-cover memo.pdf 04-00734-public notice.pdf DEFERRED City ofMiami Page 43 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 passed unanimously, to DEFER item FR.3. Direction to the Administration by Commissioner Gonzalez to provide him with a map of the Neighborhood Development Zones and additional information related to development impact and related suplemental fees. Chairman Teele: FR.3, Madam Attorney. Joel Maxwell (Deputy City Attorney): This is an ordinance which conforms the City Code to actions of the City Commission in adopting the new consolidated plan on June the 10th. What it will do is amend the City Code to change provisions for impact fee exemptions from designations community development target areas to the newly designated neighborhood enhance -- neighborhood development zones, and that will be effective on October 1st. Chairman Teele: Are you going to read the ordinance? Mr. Maxwell: Yes, sir. The Ordinance was read by title into the public record by the Deputy City Attorney. Commissioner Gonzalez: Mr. Chairman, I have a question. Commissioner Winton: So do I. Commissioner Gonzalez: Does this item require two readings? Mr. Maxwell: Yes, sir. Chairman Teele: Yes. Commissioner Gonzalez: So this would be first reading? Chairman Teele: First reading. Vice Chairman Sanchez: Yeah, this is first reading. Commissioner Gonzalez: OK. I'm going to move this item for discussion. Vice Chairman Sanchez: Second for the purpose of discussion. Chairman Teele: I wish y'all would move it to defer it, and let's get it discussed because I don't understand it. Commissioner Gonzalez: Then -- Chairman Teele: Why don't we defer it? Commissioner Winton: I don't have a clue what this does, so -- Commissioner Gonzalez: I withdraw my motion to -- for discussion, and I will move to defer. Chairman Teele: Motion to defer. Vice Chairman Sanchez: Second. City ofMiami Page 44 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Chairman Teele: All those -- is there a problem? Mr. Maxwell: Yes, sir. The problem is that this has an October -- this has an effective date of October the 1st. It needs to go into effect by October 1st because the Commission does not meet in August. If you defer it now, the first reading wouldn't occur until the second meeting of this month. The second reading wouldn't occur until September. It would not go into effect by October the 1st. Commissioner Winton: Why does it have to go into effect October 1st? Mr. Maxwell: Because the consolidated plan, which redesignated -- and you adopted just on the 10th of June -- the consolidated plan goes into effect on October 1st, so in order to make sure -- Chairman Teele: Well, I thought you said an emergency ordinance could go into effect immediately. Mr. Maxwell: Well, you can do it by emergency. Chairman Teele: All right. Well, let's do it that way. Mr. Maxwell: All right. Chairman Teele: Let's don't drag it out. We have a motion and a second to defer. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed. I hate emergency ordinances. Commissioner Gonzalez: And I just want -- Chairman Teele: I'm frying to get one of the Commissioners out of here tonight, and I don't want to be here. Commissioner Gonzalez: Mr. Chairman, so they know what my concern is so they be prepared for the next meeting, I need to see the maps, what areas are going to be exempt. They changed from target areas to community revitalization districts. I don't see what -- I don't know what the area is in the neighborhood. I don't know if -- so, please provide me with information. You know, don't take us -- well, at least, don't take me for granted, you know. City ofMiami Page 45 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 RESOLUTIONS RE.1 04-00666 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENTS, RELATING TO THE PROVISION OF FIRE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR FIRE ASSESSMENTS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004, IN ACCORDANCE WITH THE CITY OF MIAMI FIVE-YEAR PLAN; PROVIDING FOR NEW DEFINITIONS; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING FOR SEPTEMBER 9, 2004, AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING AN EFFECTIVE DATE. 04-00666-cover memo.pdf 04-00666-pre ordinance.pdf 04-00666-leg islation. pdf 04-00666-exh ibits. pdf Motion by Vice Chairman Sanchez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Sanchez and Teele Noes: 1 - Commissioner Gonzalez Absent: 1 - Commissioner Regalado R-04-0452 Chairman Teele: Are you all ready now with the fire fee? Well, we're waiting for you, sir, please. RE.1., followed by RE.2. These were the millage issues. Maurice Kemp: Maurice Kemp, Deputy Fire Chief. This is the preliminary rate resolution for the fire fee, and what it does in essence is sets the cap. You can go lower -- you can choose to go lower, but you can't go higher than what we've set today if you pass this, and it is the same rate as last year's. Chairman Teele: Discussion. Vice Chairman Sanchez: No reduction. Chairman Teele: Madam Attorney. Maria J. Chiaro (Interim City Attorney): It's a resolution. You wish for me to read the resolution into the record? Chairman Teele: Just read into the record the amount. Mr. Kemp never said it, what the rate is. We need to give the public at least the knowledge of what we're doing on their taxes. Nobody wants to say the number, huh? Commissioner Gonzalez: (INAUDIBLE) rate. Commissioner Winton: Isn't it a complicated rate structure? City ofMiami Page 46 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Ms. Chiaro: For single-family, the rate per drawing is $61; for multifamily, $66; for public housing, the rate is $139. Chairman Teele: All right. Commissioner Winton: And for commercial, it's much higher. Chairman Teele: And for commercial? Ms. Chiaro: And commercial, it is pursuant to this scale and the charts -- Chairman Teele: Square footage. Ms. Chiaro: Yes. Chairman Teele: All right. No change. Is there a motion? Vice Chairman Sanchez: So moved. Chairman Teele: Is there a second? Commissioner Winton: I'll get in on this game. Second. Chairman Teele: All those in favor, say "aye." Commissioner Gonzalez: No. Chairman Teele: All opposed. One "no." We just can't get it right. Vice Chairman Sanchez: Now, that was -- really, there's two noes, but he's not here. Commissioner Winton: Yeah, I see. I shouldn't have second then. Chairman Teele: Dr. No is not here. Vice Chairman Sanchez: Dr. No is not here. Chairman Teele: All right. Ms. Thompson: Chairman Teele, you were no? Who was no? Chairman Teele: I'm a yes. Vice Chairman Sanchez: Yes. Chairman Teele: Commissioner Gonzalez is a no and Dr. No is off the dais. All right. Solid Waste fee. Commissioner Winton: Well, wait a minute. Wait a minute. What was the vote? Chairman Teele: Three -- Vice Chairman Sanchez: One to three because -- Chairman Teele: 3 to 1. City ofMiami Page 47 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Vice Chairman Sanchez: -- because Dr. No's not here. Commissioner Winton: Oh, I thought you said Commissioner Gonzalez was a no. Chairman Teele: Commissioner Gonzalez is a no, but Dr. No is off the dais, so he didn't vote, so it's 3to1. Commissioner Winton: Did you vote no? Chairman Teele: I voted yes. Commissioner Winton: Oh, I thought I heard you say yes. Chairman Teele: No, no, no, no, Commissioner Winton: OK. Chairman Teele: All right. Yes, yes, yes. Commissioner Winton: I'm clear now. RE.2 04-00667 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, RELATING TO THE PROVISION OF SOLID WASTE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA; DESCRIBING THE METHOD OF ASSESSING SOLID WASTE COSTS AGAINST PROPERTY LOCATED WITHIN THE CITY OF MIAMI; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING FOR SEPTEMBER 9, 2004; AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00667-cover memo.pdf 04-00667-leg islation. pdf 04-00667-exh i bits. 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, Winton, Sanchez and Teele Absent: 1 - Commissioner Regalado R-04-0453 Direction to the Administration by Chairman Teele to place a notice letting residents know what percentage of the solid waste fee is County -imposed. Vice Chairman Sanchez further requested the Administration provide the residents with a list of what other comparable cities are paying in fees and providing in services. Commissioner Winton further instructed the Administration do an analysis of all fees associated with living in the City ofMiami as compared to living in Miami -Dade County to comparable cities. Chairman Teele: Madam Director. Kathleen Woods Richardson (Director, Solid Waste): Commissioners, this item is for the assessment -- City ofMiami Page 48 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Chairman Teele: Madam Director, you are not nearly -- Vice Chairman Sanchez: State your name for the record. Chairman Teele: As -- we're so much happier to see a pleasant face from Solid Waste here. Ms. Woods Richardson: Thank you very much. Chairman Teele: I didn't mean it, Clarence. I was just joking. Commissioner Winton: Yeah, right. Ms. Woods Richardson: I won't tell him. Kathleen Woods Richardson. Chairman Teele: Somebody will. Ms. Woods Richardson: I'm sure. Kathleen Woods Richardson, Director of Solid Waste. Commissioners, this item is for the assessment of waste fees, and for the provision of services from the Solid Waste Department. It's describing the methods in which the fees shall be assessed for the coming year. Chairman Teele: What percentage of the fee is attributable to the tipping fee; do you know? Ms. Woods Richardson: A majority of the fee is going towards the tipping. That is the largest part of our expense. Chairman Teele: I would hope that you would think this through, if you can, when we get into the budget hearing. If there is a way we could put a notice or a caveat, or -- let people know that the solid waste fee -- what percentage of the fee is attributable to the -- Commissioner Winton: Is County imposed. Chairman Teele: Is County imposed. Commissioner Gonzalez: Paid to the County. Ms. Woods Richardson: We can. We can do that. Vice Chairman Sanchez: Mr. Chairman. Chairman Teele: Mr. Vice Chairman. Vice Chairman Sanchez: Also, a recommendation that I would like to make is also providing a list of what they compare the City to other cities, what they're paying as to the fees so they could see that there's a big difference. Commissioner Winton: Maybe even both tipping and otherwise. Chairman Teele: And that's the point -- that's an excellent point, Mr. Vice Chairman. That's the point that I want Commissioner Winton to keep in mind when we're talking about annexation and comparisons, because when you add in the waste fees and fire fees with the ad valorem fees on a comparable basis, that number gets a lot -- the spread gets a lot smaller when you add in the fact that the County's charging how much more than the City? City ofMiami Page 49 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Ms. Woods Richardson: 499 now, and just so you know -- Chairman Teele: No, but how much more are they charging than the City -- Ms. Woods Richardson: Are they charging their residents -- Chairman Teele: Yes. Ms. Woods Richardson: -- than the City? The City -- the County rate at this point is 499. Chairman Teele: And the City rate is? Ms. Woods Richardson: The City rate is 325. Chairman Teele: And the difference is? Ms. Woods Richardson: There is a fremendous difference -- Vice Chairman Sanchez: $174. Chairman Teele: The difference is? Commissioner Winton: 175. Ms. Woods Richardson: I'm sorry, one -seventy -- Chairman Teele: 175. Ms. Woods Richardson: Yes, it is, but -- Chairman Teele: And so 175 -- Vice Chairman Sanchez: 174. Chairman Teele: 174 is a factor that you've got to impute into a millage rate to get that ratio; you see what I'm saying? Commissioner Winton: Yeah, I do, but it ain't going to add up to a lot. Ms. Woods Richardson: I was going to mention also that the City is a fremendous bargain based on the level of services that we offer. Vice Chairman Sanchez: And that's another fine point we need to make. Chairman Teele: That's the other point. Vice Chairman Sanchez: It's not based -- Commissioner Winton: Called the what? Chairman Teele: Level of services. Commissioner Winton: Yeah. Vice Chairman Sanchez: -- on the comparison of price. It's also based on the service they City ofMiami Page 50 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 provide. We provide -- Ms. Woods Richardson: Far greater level. Chairman Teele: You need to give us -- Vice Chairman Sanchez: -- a Mercedes to a Volkswagen service, compared to other cities. Chairman Teele: Commissioner Sanchez is saying we provide a Mercedes -- Commissioner Winton: Oh, I see. Chairman Teele: -- to a Volkswagen in comparison to services, and it would be very helpful if you would give us a little sheet that gives a comparable city to -- you know, the City to the County, maybe to Coral Gables and then try to put some dollar value on that. Commissioner Winton: If we were really interested in a real comparison, we would identify all the costs associated with living in the City ofMiami, all of them. Vice Chairman Sanchez: All the costs associated with living? Commissioner Winton: All the costs. Yeah, that government imposes on you, and compare that to other municipalities to see where we really stand. We also have the supplemental waste fee. We've got the -- Vice Chairman Sanchez: The fire fee. Commissioner Winton: -- we got the fire fee. We've got parking surcharge. We've got -- although, parking surcharge, you probably wouldn't count the same. You'd leave that off but there's some other fees that you pay if you're a property owner or a building owner that you don't have, but there's also some things they do out in the County that we don't do, so somebody ought to do a real analysis so that you can compare these things, not just the millage. Because trust me, those that we're trying to annex are going to do the analysis. Vice Chairman Sanchez: Absolutely. Chairman Teele: Further discussion. All -- did we vote on that item? Ms. Woods Richardson: No. Vice Chairman Sanchez: Was there a motion? So moved. Chairman Teele: We have a motion and -- we have a motion by the Vice Chairman -- Commissioner Gonzalez: Second. Chairman Teele: -- and a second by Commissioner Gonzalez. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All those opposed? The item is unanimously adopted. Thank you very much, Madam Director. RE.3 04-00706 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION COMPUTING A City ofMiami Page 51 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 PROPOSED MILLAGE RATE, AS DESIGNATED HEREIN, FOR THE CITY OF MIAMI ("CITY"), FLORIDA, FOR FISCAL YEAR BEGINNING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005; DIRECTING THE CITY MANAGER TO SUBMIT SAID PROPOSED MILLAGE RATE TO THE MIAMI-DADE COUNTY PROPERTY TAX APPRAISER AND THE TAX COLLECTOR TOGETHER WITH THE DATE, TIME AND PLACE OF THE PUBLIC HEARING AT WHICH THE CITY COMMISSION WILL CONSIDER THE PROPOSED MILLAGE RATE AND THE CITY'S TENTATIVE BUDGET FOR SAID FISCAL YEAR, AS DESIGNATED HEREIN. 04-00706-cover memo.pdf Motion by Vice Chairman Sanchez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Sanchez Noes: 2 - Commissioner Regalado and Teele R-04-0451 This item was moved by Vice Chairman Sanchez, seconded by Commissioner Winton, and passed with Chairman Teele and Commissioner Regalado voting no. A motion to immediately reconsider the item was moved by Commissioner Winton, seconded by Commissioner Gonzalez, and passed with Vice Chairman Sanchez voting no. Note for the Record: Item RE. 3 was passed immediately thereafter as initially presented. Note for the Record: A Budget Workshop was scheduled for July 29, 2004, at a tentative time of 2 p.m., at a venue to be determined. Chairman Teele further requested that said workshop be publicly noticed. [Clerk and Budget Director drafted notice language and Clerk published notice on July 19 and July 22, 2004 on several newspapers.] Direction to the City Manager by Chairman Teele to provide him with a memorandum explaining the $80 million shortage of the City, how much is Fire, Solid Waste, Police, GSA. Chairman Teele: Can we take up the items that anybody would like to go back to now, and get out? Can we take up the consent agenda items that were deferred, and I would like to see if we can get the Budget Director and the finance people out here to talk about the millage. Let's do that while we're all fresh and happy with each other, and -- Commissioner Regalado: The what? Chairman Teele: The millage. We're -- we have to establish the millage by today, don't we? Isn't that on the agenda here? My notes have it. Commissioner Regalado: But it's not the consent agenda. Maria J. Chiaro (Interim City Attorney): You establish the millage rate and the fire fee, and the Solid Waste fee today in order for it to be on the tax bill that goes out. Commissioner Regalado: Yeah, but it's not in the -- Chairman Teele: It's RE.3. RE.3, but we need to take these budget -- these mandatory budget items up where we don't run out of time. You want to let the Purchasing Director go first so he can relax? City ofMiami Page 52 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Chairman Teele: OK. Where were we? We took up the two items. Yes, sir. Millage. Larry Spring: Commissioner, Larry Spring, Chief of Strategic Planning, Budgeting & Performance. Before you is a resolution establishing the millage cap for the upcoming fiscal year. The established cap will be a total millage of 9.8425. The components of which will be an operating millage of 8.7625 and a debt service millage of 1.08; both are consistent with the current year's millage rate. We received the preliminary certified taxable values from the County. Based on that new taxable value, the roll back rate for the upcoming fiscal year would be 7.624 or 15.87 percent. Vice Chairman Sanchez: Reduction. Mr. Spring: Reduction. Vice Chairman Sanchez: What's the roll back rate again? Mr. Spring: Roll back is 7.5624. Vice Chairman Sanchez: And that's 18 percent of reduction? Mr. Spring: 15.87 percent reduction. Vice Chairman Sanchez: I thought you said 18. Mr. Spring: It translates to about -- a gross value about 26,900, 000 in tax revenue. Commissioner Winton: How much? Mr. Spring: 26, 900, 000 in tax revenue. I respectfully request that you approve the resolution, instructing the City Manager to submit the set proposed millage rate, along with the date, time and place for the budget hearings. Vice Chairman Sanchez: All right. Chairman Teele: Gentlemen, what's your pleasure? Vice Chairman Sanchez: So moved. Commissioner Regalado: Which one are we talking about, RE. -- Mr. Spring: RE.3, sir. Commissioner Regalado: -- 3. Commissioner Winton: Second. Chairman Teele: It's been moved and second, and the rate you're saying is what? What's the motion again? Mr. Spring: The motion will be to accept a millage cap rate of -- Vice Chairman Sanchez: RE what? Mr. Spring: -- 9.8425, which is -- City ofMiami Page 53 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Vice Chairman Sanchez: 3? Chairman Teele: 9.8 -- Mr. Spring: 9.8425, which is an operating millage of 8.7625, which is the same as this fiscal year, and a debt service millage of 1.08, which is also the same as this year. Chairman Teele: And what is the roll back rate? Mr. Spring: The roll back rate is 7.5624. Chairman Teele: So we're going from 7.5624 to 9 point what? Mr. Spring: Well -- Commissioner Winton: No. Mr. Spring: No. Commissioner Winton: It's eight -seven. It's against the eight -seven, right? Mr. Spring: Yes, it's against the eight -seven. It would go from 7.5624 to 8.7625. Commissioner Regalado: Right. Mr. Spring: Sorry. It's a lot of numbers. Commissioner Winton: Which is where we are right now. Mr. Spring: Right, which is where we are now. Chairman Teele: We are where? Commissioner Winton: General -- Chairman Teele: What's the roll back rate? Mr. Spring: The roll back rate is 7.5624. Chairman Teele: That's where we are now. Mr. Spring: Right. Chairman Teele: The roll back rate by statute -- Mr. Spring: Right. Chairman Teele: -- is where you are now, if you impute -- Mr. Spring: The factors. Chairman Teele: -- ifyou impute last year to this year, the number would be using the same base -- using the same -- Commissioner Winton: We all understand that. City ofMiami Page 54 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Chairman Teele: -- ad -valorem base, OK. Mr. Spring: Right. Chairman Teele: So that's not where we are now. Commissioner Winton: Our current millage rate is 8.7625, and if you did -- if you accepted the roll back rate, you'd go to 7.5624. Vice Chairman Sanchez: Exactly. Chairman Teele: And you're proposing the 8.7? Commissioner Winton: Well, we're going to -- we get to all -- this is only for purposes of -- Chairman Teele: Of notice. Commissioner Winton: -- of notice. Mr. Spring: Of notice. Commissioner Winton: Then, in the budget is where we're going to have this big debate about where we're going to land. Chairman Teele: OK. Commissioner Winton: Right? Chairman Teele: Yes, sir. Commissioner Winton: That's where we always have the big debate. Chairman Teele: Yes, sir. Commissioner Winton: I would love to go to 7.625, then we'd begin to be competitive. Chairman Teele: Yes, sir. We want to get out of here at 9 o'clock. We have a motion and a second. Madam Clerk, call the roll. Priscilla A. Thompson (City Clerk): Roll call. Commissioner Gonzalez? Commissioner Gonzalez: Yes. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: No. Ms. Thompson: I'm sorry? Commissioner Regalado: No. Ms. Thompson: Oh, thank you, sir. Vice Chairman Sanchez? Vice Chairman Sanchez: Yes. City ofMiami Page 55 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Ms. Thompson: Commissioner Winton? Commissioner Winton: Yes. Ms. Thompson: Chairman Teele? Chairman Teele: No, ma'am. I think it sends the wrong signal to the staff. Commissioner Regalado: Right. Chairman Teele: It sends the wrong -- every County meeting I've ever been at, I've never supported going to that rate because it sends the wrong signal to the staff that you're going to be there, and they also -- but you can adjust it -- you can adjust it down. That's true. Commissioner Winton: Well, we had a discussion period before we voted. Chairman Teele: Well, I mean, I don't want to -- Commissioner Winton: Andl always listen to you. Chairman Teele: I'm explaining my vote, Johnny. I'm just saying, I'm not playing games. At the end of the day, you and I are going to be the ones voting for the highest millage rate. Commissioner Winton: Huh? Chairman Teele: At the end of the day, you and I will be voting for the highest millage rate, and there will be at least one or two other Commissioners who are going to leave this place, and they're going to be all the way at the lowest number possible. Commissioner Regalado: It's going to be approved 2 to 4. Chairman Teele: 2 to 4. Commissioner Winton: 2 to 4. Vice Chairman Sanchez: 2 to 4. Chairman Teele: I just think -- Commissioner Winton: We grew. Chairman Teele: I want to say to the Manager and the management and the -- and this Manager has been more responsive on trying to reduce the millage rate than any Manager I have worked with in the City, which is a whole lot, and the County, which is three, and I'm not picking on you, at all, sir. You have been extremely responsive in trying to roll back, but think it sends the wrong signal to the unions, I think it sends the wrong signal to the departments that we are not really going to make them really have to come in with the lowest possible numbers, and it is what it is -- Commissioner Winton: Move -- Chairman Teele: -- and that's what we're working. Commissioner Winton: Move to revisit RE.3. City ofMiami Page 56 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Chairman Teele: No, no. Johnny, let's just -- Vice Chairman Sanchez: We could -- it could always be changed. I mean, we could always -- Chairman Teele: It could always be changed, as you said. Commissioner Winton: I'm listening. Vice Chairman Sanchez: This gives us ample opportunity -- Commissioner Winton: I'm trying to -- Vice Chairman Sanchez: -- to analyze -- Chairman Teele: Joe, you'll be the first one at the lowest number. Vice Chairman Sanchez: Maybe. Commissioner Winton: No. Tomas will. Chairman Teele: Oh, that's true. Commissioner Winton: Tomas will. Chairman Teele: He's just never voted for a budget. Vice Chairman Sanchez: But, Commissioner Teele, to base my decision or my vote -- and this is just a starting process -- it gives me ample opportunity before we have the workshop to digest all the numbers, do the mathematical formulas and basically come back and say yea or nay. Chairman Teele: And I certainly respect that. I'm just saying, for the record, I have never voted for a roll back rate. I mean, for a -- Commissioner Winton: For a non roll back rate. Chairman Teele: What's the rate you call this? The proposed rate. Mr. Spring: The proposed rate. Chairman Teele: That is the same as the -- as before, and I can tell you, the three years I was in the County, we reduced the millage rate every year. Mr. Spring: At this time. Chairman Teele: At this time. Mr. Spring: OK. Commissioner Winton: Well, one more time. Vice Chairman Sanchez: Andl -- Commissioner Winton: Move to reconsider RE.3. City ofMiami Page 57 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Chairman Teele: No, let's don't do -- Vice Chairman Sanchez: No, no, no. Commissioner Gonzalez: Second for reconsideration. Vice Chairman Sanchez: Listen -- Commissioner Gonzalez: Got to move (INAUDIBLE) Chairman Teele: Yeah, but then you've got to figure out what's the right number, and we -- Commissioner Winton: Exactly. Vice Chairman Sanchez: Exactly. Look, I could understand his position because the position here is that -- Commissioner Winton: Me, too. Vice Chairman Sanchez: -- we say we don't want to commit a number and then come back and not say we're going to select that number. Commissioner Winton: That's the reason I'm willing to reconsider. Vice Chairman Sanchez: But it's a starting point. Chairman Teele: Motion to reconsider is moved and second. Commissioner Regalado: Yeah, because -- Commissioner Winton: That's only been moved so far. Chairman Teele: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed. We need -- Vice Chairman Sanchez: One opposed. Chairman Teele: We need a motion. Vice Chairman Sanchez: One opposed. Chairman Teele: All right. We need a motion for a number. Somewhere between 7.5 -- Vice Chairman Sanchez: And that's where we're going to get in trouble. Chairman Teele: And that's where we can get in trouble. Commissioner Regalado: Mr. Chairman. Commissioner Winton: Huge trouble. City ofMiami Page 58 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Chairman Teele: Commissioner Regalado. Commissioner Regalado: I just -- the reason I voted no is because the same reason that you said, it's not -- this is not technical. This is about sending a message. The Commission has trust the Manager to go and deal with the unions, but we cannot send him with a cushion that he can maneuver. He has to be -- Chairman Teele: You need to be very careful, Madam Attorney. We're in a -- Joe Arriola (City Manager): Guys, we're not sitting on a cushion. We're sitting in an $80, 000, 000 hole with pension, so let's don't kid ourselves, OK? Let's don't play with ourselves here, now. We have an $80, 000, 000 problem, so -- Commissioner Winton: So, the number went up because it was sixty some million. Now it's 80, 000, 000? Mr. Arriola: It's $79, 000, 000 of payments, sir, that we have to look at, OK. Chairman Teele: Mr. Manager, you're raising your voice and that gets -- Commissioner Regalado: And -- Chairman Teele: -- that gets me to realize that this is a sensitive issue with you, and I'd just like -- is it your intent to recommend an 8.7 millage? Mr. Arriola: What I'm -- Chairman Teele: What's the number you would be comfortable with? Mr. Arriola: I don't have a comfortable -- what need to do and we all need to do together is to sit here, analyze and observe a number. For us to go now and start making -- without seeing the whole budget, without seeing the effects of what's going to happen, without seeing anything is not fair to anybody. I mean, let's just use a number, and you have plenty of time to sit down, analyze, cut, talk about it, the whole thing, because you do have a problem. Commissioner Winton: And, Commissioner Teele, the reason that was so quick to push on accept this number is because we all know that we've got a big hole and I didn't want to create a false number that could create the law of unintended consequences for us and push us in a further box. I would love to see it -- we all want reduced millage rate. We will never be competitive in terms of increasing our boundaries when everybody around us is at six something, or five something if it's Unincorporated Dade -- Chairman Teele: Right. Commissioner Winton: -- and we're at 8.7. You know, we're just fooling ourselves to think that we're going to have any expansion in the City ofMiami when we're so far apart, so I, for one, would love to be able to say, 7.56. If we could fix this one big giant hole, the cause of that, you know, lots of things get to change, butl don't know how to fix it right now -- Commissioner Gonzalez: I guess the -- Commissioner Winton: -- so that's the only reason that was so quick to accept this maximum number, as opposed to a lower number that we typically go after. Chairman Teele: Commissioner Gonzalez. City ofMiami Page 59 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Commissioner Gonzalez: I guess that one way to work in this big hole will be on cutting expenses at budget time, you know, and I have been through the exercise of cutting money and expenses from different departments through the years, that I've been here three years, but I remember one year that you, Commissioners, were here until 4 a.m. in the morning, and nobody could reduce their budget one percent. It was impossible to reduce the budget one percent. I remember that year. Chairman Teele: Yeah. Commissioner Gonzalez: It was, you know, four -- Chairman Teele: It was embarrassing. Commissioner Gonzalez: I believe it was 4:30 in the morning, so I would be prepared to propose some cuts, myself if they're not done voluntarily by the departments and by the administration. In many instances, I believe that we have been duplicating services, and expanded -- created more bureaucracy, and created more departments and more, you know -- probably wouldn't need that. Maybe if we start cutting that, we'll find a lot of money, so -- but I reserve that for the budget time. Chairman Teele: For budget. Commissioner Gonzalez: I will reserve it for budget. Chairman Teele: Does anyone have a number that they're comfortable with? Vice Chairman Sanchez: Mr. Chairman. Chairman Teele: Yes, sir. Vice Chairman Sanchez: IfI may, we will have ample opportunity to address all these concerns, so my advice to all of us, in August, have a good vacation because once we get back, you know, every year, come budget time, we enter the perfect storm, and it's tough, and it's reality. The numbers are there. We have been briefed, and for us to commit ourselves to a number now, really would send a wrong message. You could basically make the same argument on the other side that you have made, Mr. Chairman, which is, if we commit to a number and then we change, then we're basically, you know, giving a false impression of numbers, but we've got to start somewhere, and I think starting at a point with a number gives us an opportunity and an advantage to come back and further debate based on professional expertise from the staff and based on knowledge that we have as Commissioners to select a number. I just -- I'm very, very cautious, and I want to just put that on the table that if we throw out a number based on -- not the projections that we have, but the projections that the administration has given us, we might end up in an embarrassing position to say, so I hope I've made that argument clear, because I'm very concerned with it, so my -- since there have been no further discussions, I would move to accept the numbers presented to us today, and we'll have ample opportunities to address those concerns. So move. Commissioner Winton: I will re -second. Chairman Teele: Is there a second? All in favor, say "aye." Commissioner Regalado: No. Chairman Teele: All opposed, say "no." There's two noes and three yeses. All right. City ofMiami Page 60 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Mr. Spring: Commissioner, if you would, please. I would like to ask the Commission at this time - - I've already polled your staff regarding the actual budget workshop. I'd like to host it on July 29th, if that is an ample -- a good time for all the Commissioners -- Chairman Teele: Where on July 29th? Mr. Spring: The space is yet to be determined. I'm still trying to figure those details. Commissioner Regalado: At what time? Chairman Teele: What time are you talking? Mr. Spring: Probably in the morning. I'm making -- probably a time frame of 10 to 12. Chairman Teele: I would recommend -- look, I would recommend -- Commissioner Regalado: In the afternoon. Chairman Teele: I would recommend -- Mr. Spring: You want to do it -- Chairman Teele: -- in deference to at least one of our colleagues, that we try to schedule this say like from 2 o'clock on. We've generally done it that way, because the worst thing be it to get to the end and then you have four Commissioners present. Mr. Spring: That's not a problem. I just wanted -- Chairman Teele: Is that a problem, Commissioner Winton? Commissioner Winton: I'm looking at my calendar. I don't think so. Chairman Teele: And I do think that even though it's not a Commission meeting, and I don't think it should be held necessarily in the chambers, I do think that there should be public notice of it. Mr. Spring: Absolutely, absolutely. Commissioner Winton: And in that vein, when are we going to hear the results of the consultant - - I keep hearing we're going to hear it, but the consultant we hired some time ago to look at our - - the long-term impact of personnel costs on our City, which includes pensions and general salary, everything else. That consultant, I understand their work has been finished for some time. Mr. Spring: I'd have to defer that -- actually, the answer to that question to our Employee Relations Director, and our Labor Relations people because they're the ones that have been interfacing with that consultant. Commissioner Winton: Can we get that answer right now? Mr. Spring: I'm sure we can in a minute -- if you give me a minute. Mr. Arriola: Those analysis and those things that -- they're ready, obviously that -- we had to get them ready for our other issues, so whenever you want, we could sit down and discuss it with City ofMiami Page 61 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 you. Commissioner Winton: Well, I think we need to -- I think we all need to understand that information. I think that's very, very important to the -- to our entire thought process -- Mr. Arriola: Sure. Commissioner Winton: -- as we move into the budget cycle. I mean, that was the most crucial issue that I've been fighting to understand for, I don't know -- when did we -- when did I first introduce that resolution to hire the consultant, three years ago, four years ago, three and a half years ago? Mr. Arriola: Yeah. Commissioner Winton: So -- and now we got it, so I want to understand it. Mr. Arriola: That report -- and obviously, it's there and I'd be delighted to give it to you again. When we met with the Commissioners to go through our whole new contracts coming up, those are the studies that we have, and again, Commissioner, they're there. We'll give them to you. We'll go, but that's where we use when we went in to discuss contracts with you guys. Commissioner Winton: Well, I'm sure of that, butl don't -- I can tell you thatl don't have any clear -- ifI had Mr. Arriola: We have them for you. Commissioner Winton: IfI had to defend the City's position, I can't do it, because I don't understand -- Mr. Arriola: We'll have them for you -- Commissioner Winton: -- what the numbers say. Mr. Arriola: -- and I'll make sure that Rosalie -- if each one of you wants it individually, Rosalie will go through with all the steps. Commissioner Winton: I think each and every one of these Commissioners needs to understand that information -- Mr. Arriola: That'd be fine. Commissioner Winton: -- because we're the ones that have to defend whatever our position is. Mr. Arriola: You're -- I thought that you understood it when we went through the meeting, but if not, we're delighted to go through it with you again. I mean, they're here. We've got them. Commissioner Winton: Well, just make sure -- I think we need to make sure we're talking about the same thing. I'm talking about the impact of our current total remuneration package, the impacts over 20 years, if we stay in place -- Mr. Arriola: Yes, sir. Commissioner Winton: -- the way we are with salaries, escalating the way they escalate; with pension the way it is. If you take a snapshot today and you leave everything in place, what's the impact of total personnel costs on our City 20 years from now, and what kind of ad -valorem tax City ofMiami Page 62 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 increase do you have to have each year to keep up with whatever that is? That's -- that was the whole purpose -- Mr. Arriola: OK. Commissioner Winton: -- of that initial study, and I haven't -- I've not seen any data that shows that kind of graph. Rosalie Mark (Director, Employee Relations): The study done by MGET was primarily on compensation. It didn't provide the data that you're asking for, as far as the impact. They can determine that, though. That's a report we can put together for you. Commissioner Winton: Well, I'm -- you don't -- see, that's my point, and you don't know how unhappy I'm going to be because this isn't the first time I've talked about it. This is about the 80th time I've talked about it. I've talked about it when Joe's been here. I've talked about it when you've been here. I mean, it's the same thing. I've talked about this over and over and over again. I'm -- and I had this gut feeling that -- because I haven't seen the data, and when you don't see it, you don't believe you have it, and you're just telling me right now, we don't have it. Ms. Mark: We have the data, but we don't have it in the format you asked for it, and we'll put it together for you. The report that we provided you in the recent meeting included the data regarding compensation. It was short-term because we were looking at how it would apply for our negotiating strategy going into this year's -- Commissioner Winton: Right, right, right. Ms. Mark: OK. You're asking for it to be exploded out and look at it over a 20-year period, if everything stayed exactly the same. Commissioner Winton: That's what I asked for right from the beginning. That was the resolution that was passed. The resolution was passed to hire the consultant was about that impact, but you can do that anyhow. Ms. Mark: Yeah, yeah. Commissioner Winton: OK, great. Ms. Mark: OK. Commissioner Winton: So, Rosalie, when will you -- when could you put that together so I could see it? Ms. Mark: I don't think it will take that long. We'll work with Larry Spring and Finance and get it together for you. Commissioner Winton: OK. Ms. Mark: There are some assumptions we'll make and run those by you first to make sure we're on board with -- Commissioner Winton: Yeah, yeah, good. Ms. Mark: OK. City ofMiami Page 63 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Commissioner Winton: OK, great. Thank you. Ms. Marks: Thanks. Chairman Teele: Mr. Manager, there have been a number of phone calls going into my office, I'm advised, on the 80, 000, 000. Could you just give us a one paragraph memo that just shows us where the 80, 000, 000 is in terms of the number that you put out there or the 79? I mean, just -- Mr. Arriola: Sure. Chairman Teele: -- how much is Fire, Solid Waste, Police, GSA (General Services Administration)? Mr. Arriola: Delighted. I'll do it. Give me 15 minutes. Chairman Teele: Yes, sir. Mr. Arriola: Got it. Chairman Teele: Thank you. All right. Please stop calling my office. RE.4 04-00705 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS Parks and (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND Recreation CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY APPROVING AN INCREASE IN THE CONSTRUCTION CONTRACT AWARDED TO TOTAL CONSTRUCTION AND MAINTENANCE CORPORATION, PURSUANT TO RESOLUTION NO. 03-551, ADOPTED MAY 22, 2003, IN AN AMOUNT NOT TO EXCEED $40,000, INCREASING THE CONTRACT AMOUNT FROM $200,000 TO $240,000, FOR ADDITIONAL WORK REQUIRED FOR IMPROVEMENTS AT ANTONIO MACEO PARK FOR IMPROVEMENTS TO THE PARKING LOT, REMOVAL OF SIDEWALK, REPAIRS TO THE LANDSCAPING AND THE SPRINKLER SYSTEM, NOT CONTAINED IN THE ORIGINAL SCOPE OF SERVICES; ALLOCATING FUNDS FOR SAID INCREASE FROM CAPITAL IMPROVEMENTS PROJECT NO. 333114. 04-00705-cover memo.pdf 04-00705-budgetary impact.pdf 04-00705-cip memo.pdf 04-00705-cip memo 2.pdf 04-00705-cip memo 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-04-0457 Chairman Teele: All right. While we're not taking you for granted, who has Antonio Maceo Park, you? Commissioner Gonzalez: Yes, sir, I do. Chairman Teele: All right. We need a four fifths vote to increase the contract for Antonio City ofMiami Page 64 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Maceo Park. Commissioner Gonzalez: What item is that? Chairman Teele: Motion -- we're now going straight down the line, RE.3 -- Commissioner Winton: What numbers? Chairman Teele: Now we're on -- we've done RE.1, 2, and 3. We're on RE.4. Motion by Commissioner -- Vice Chairman Sanchez: Second. Commissioner Gonzalez: Move RE.4. Commissioner Winton: Second. Chairman Teele: Gonzalez. Vice Chairman Sanchez: Second. Chairman Teele: Second by Commissioner -- Vice Chairman Sanchez. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed. RE.5 04-00736 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Finance ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS NO. 03-04-099, THAT THE FIRMS MOST QUALIFIED TO PROVIDE EXTERNAL AUDITING SERVICES FOR THE CITY OF MIAMI ARE, IN RANK ORDER: (1) KPMG, LLP, AND (2) RACHLIN, COHEN AND HOLTZ; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH RACHLIN COHEN AND HOLTZ, LLP, THE SECOND -RANKED FIRM, FOR A THREE-YEAR PERIOD, IN AN AMOUNT NOT TO EXCEED $349,000, FOR THE FIRST YEAR, AN AMOUNT NOT TO EXCEED $370,000, FOR THE SECOND YEAR, AND AN AMOUNT NOT TO EXCEED $390,000, FOR THE THIRD YEAR, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $1,109,000; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 001000.260201.6330.28013. 04-00736-cover memo.pdf 04-00736-letter from Coral Gables.pdf 04-00736-memo from finance.pdf 04-00736-RFP tabulation.pdf 04-00736-RFP evaluation.pdf 04-00736-accepatnce of recommendation.pdf 04-00736-exhibit- psa.pdf City ofMiami Page 65 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Motion by Commissioner Regalado, seconded by Vice Chairman Sanchez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Teele R-04-0458 Chairman Teele: RE.5. All right. Now, we've got this issue that Commissioner -- Vice Chairman Sanchez -- Vice Chairman Sanchez: Yep. Chairman Teele: -- has that we have to rotate and he required, I think, back in '03 that we would contact the Wall Street and determine whether or not we could award to a local firm and all that. Commissioner Winton: The bond -- Chairman Teele: Do you have a resolution to that effect? Vice Chairman Sanchez: Yes, the bonding agencies. Commissioner Regalado: Mr. Chairman -- Chairman Teele: Don't we have that -- a resolution to that effect, Madam Clerk? Priscilla A. Thompson (City Clerk): What we found was, there was something -- there was a resolution that was made -- I'm sorry, a motion made -- resolution was withdrawn, and what we have here -- Commissioner Regalado: Yes. Ms. Thompson: -- is a subsequent resolution, but it does not have anything in there for rotate -- Chairman Teele: All right. Hold on one minute. Vice Chairman Sanchez: Let's -- Chairman Teele: RE.2 -- 4A, motion directing the City Manager to write the City bond agencies, written -- requesting a written response as to whether City bond would be affected if the City implements a rotating policy of its external auditors; further requesting the administration find out what auditing firms within the state can and cannot provide the audit services for the City, and how the City's bond rating could be affected by said audit agencies; further recommending and directing that the Manager come back with a recommendation regarding the rotation. Now, this was moved by Commissioner Sanchez, vote -- seconded by Commissioner Gonzalez. It was unanimously adopted. RE.3-1043. What's the answer? Who's got it? Commissioner Regalado: Well, the answer is that we have to rotate. It's very simple. Scott Simpson: Scott Simpson, Finance Department. To my knowledge, we did not prepare a formal letter. We spoke with Commissioner Sanchez about the issue and, basically, there's no rating agency that's going to opine that you have to use a large firm versus a small firm to do your audit. Chairman Teele: Scott, you're a wonderful gentleman. Did you do what City ofMiami Page 66 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 the Commissioner -- Mr. Simpson: No, I did not write a formal (UNINTELLIGIBLE). Chairman Teele: Once Commissioner Sanchez said, I want -- like you to do it, then -- and we don't vote -- you can go back to him and we all are going to be fine, but once the Commission says we're going to do it, it's where we are on this, so you all didn't do that? Mr. Simpson: That's correct. We did inquire, but we did not formalize anything. Chairman Teele: All right. I just want to make sure because I don't want to do anything -- is there any motion or discussion on this item? Commissioner Regalado: Mr. Chairman, my discussion -- Vice Chairman Sanchez: Well, let's -- Commissioner Regalado: How long -- Vice Chairman Sanchez: Let's discuss it. I mean, this is an issue. Listen, this is -- it's got a long history. You know what my position is on this. I think we should just have a healthy debate on it and see if it's -- Chairman Teele: I don't think we ought to have a healthy debate on this. Vice Chairman Sanchez: -- voted down. Chairman Teele: You know why? We've had one firm that's been here for 10 years. Vice Chairman Sanchez: Well, that's a problem. Commissioner Regalado: That's -- I was going to ask. Chairman Teele: That's not a problem. That's on us not doing what we ought to do. We need to know where our books really are. The only way we're going to know where our books really are is at least rotate. Commissioner Winton: Is to what? Vice Chairman Sanchez: Commissioner Teele? Commissioner Regalado: Rotate. Chairman Teele: Rotate. Vice Chairman Sanchez: Commissioner Teele, ifI may, let me just say that it's exactly how Enron, Adelphia, World Com got in trouble, OK? Chairman Teele: By rotating? Vice Chairman Sanchez: By not rotating. By having one company sticking there for the longest time -- Commissioner Winton: Well, we're all saying the same thing. City ofMiami Page 67 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Commissioner Regalado: Hey -- Vice Chairman Sanchez: -- they become cozy. Chairman Teele: There are five people up here saying the same thing. Vice Chairman Sanchez: OK Commissioner Winton: We're all in agreement. Chairman Teele: So we don't need a long discussion. Is there a motion? Commissioner Regalado: I'll make a motion for the Manager to negotiate with the firm number 2, Rachlin, Cohen and Holtz, authorizing the City Manager to negotiate a professional services agreement for whatever, whatever. Vice Chairman Sanchez: Second for the purpose of discussion. Chairman Teele: It's moved and it's seconded by the Vice Chairman. Discussion. Vice Chairman Sanchez: And I am prepared, if the maker of the motion accepts my amendment, which is for -- to grant a one-year confract, send this to the Audit Advisory Committee, to come back to us with recommendations and suggestions on as how we could implement a plan similar to other municipalities to rotate -- Commissioner Regalado: You mean, for the Manager to do a one-year confract with this firm? Chairman Teele: What was the advertised confract, Vice Chairman? Vice Chairman Sanchez: It was for three years. Chairman Teele: You've got a problem then. If you advertise it for three years, you're going to have a problem reducing it before they go into it. Commissioner Winton: And I don't think you want to have an annual rotation. I don't think the Audit Advisory Committee would recommend that either. Chairman Teele: I don't want an annual rotation. Vice Chairman Sanchez: Well, it's not an annual rotation. I just want to -- you've got to start the wheel in motion somewhere. Commissioner Winton: We agree. We all agree. Vice Chairman Sanchez: And I think that, you know -- Chairman Teele: If you would just say three one-year options, instead of a three-year confract, just say three one-year options, I think you may be able to get by. Vice Chairman Sanchez: Mr. Chairman, I'm prepared to accept that, and the reason why we -- we're moving forward with this is because, you know, we want to add as many filtering processes as possible to make sure that, look, this City doesn't have to go far in history to find out -- and I don't want to bring it out because, you know, I don't want to bring the sins of the past, not to this legislative body, and many people that were not here. This administration was not here, but if we don't take the appropriated safeguards to ensure the public trust, you know, we could end up City ofMiami Page 68 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 like an Enron, or we could end up like a World Com, and it's just not -- we need to protect the public assets and the City ofMiami, and by doing this and applying the process that we have there, I think the Audit Advisory Committee is a very respectable committee, with professional people that are professionals in the auditing field, in the accounting field, that can make recommendations to come back; let's utilize their services, and then we can move forward. I can accept the one-year, three-year confract, but what I can't accept is one company being here for "X" amount of years. It's a great company. I'm not going to put the company down. I just think that it's the right thing to do for the City, to have a company, three years -- you know, rotate them -- because you know what? It's reality. A company that's here for five years, they get very cozy, they tend to may look the other way. Hey, listen, don't worry about it. We've identified the problem. We'll take care of it, and that's how people get in trouble. Commissioner Regalado: Joe -- so, Joe, how do you want the motion? My motion was for the Manager -- Vice Chairman Sanchez: Your motion is fine. Commissioner Teele -- Chairman Teele: Your motion is fine, as long as -- instead of three-year confract, three -- Commissioner Winton: One year. Chairman Teele: -- one-year with two one-year options. Vice Chairman Sanchez: One-year options. Commissioner Regalado: OK. Mr. Simpson: May I add something? The -- I had two concerns. I'd rather us extend this process and delay any awarding of it for two issues. One, the City going forward with the implementation with the ERP (Emergency Repair Program), we need continuity auditors. We need to have auditor A, B, C, whoever it is, from start to finish when the computer system starts to roll out the auditing of the beginning numbers, the ending numbers, et cetera. Also, there's some ambiguity in the Florida Statutes that the auditor -- State Auditor General's frying to work out. The problem they're having that is giving auditors an automatic extension without going back and doing a competitive process is a technical violation of the State Statute. They realize that. They're not going to come after anyone for violating that, but there is a task force looking at that, trying to grant some kind of leeway, allowing optional renewals in provisions of contracts. If you notice in this RFP process, that's why we took out any options of renewals for that type of reason, so my -- respectfully, I'm asking that we defer this a month or two in order to get the Audit Advisory Committee's input, whether we get a rotation, or the number 2 firm, and it -- in concert with that, if we do delay, I would ask for some kind of leniency on the financial integrity ordinance reporting of the (UNINTELLIGIBLE). Chairman Teele: No, no, no. Hold on, hold on, hold on. We're going to get out of this box. Number 1, I respect you, Scott, but you're going to lose this, OK. Then let's go back and do a three-year contract and let's give you the authority, by separate motion, to enter into a separate contract on the technology implementation, if you want to have continuity with a separate firm, or a consulting firm relationship on that, but the fact of the matter is, none of us are comfortable continuing. We have heard this story -- we -- Scott, if you pull the transcript during the Oversight Board, we removed the confract on the Oversight Board the same way based upon the same discussion, because we need continuity, because we're under the Oversight Board and this firm, just so that you're clear on it, got over $1, 000, 000 in unrelated services to the audit, in consulting services, because remember, one of the Oversight Board members wanted us to have the -- what was that thing? City ofMiami Page 69 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Mr. Simpson: Blue Ribbon. Chairman Teele: No, the -- like a department by department review, and the first one we did, we did it in the City Attorney's office. You weren't here then, so we had all of these consulting services, which again, is the Enron issue that goes on here and, see, I don't think that the auditing firm ought to be doing all of these consulting services. I think one of the things that the auditing firm should be doing is the external auditing -- Vice Chairman Sanchez: That's it. Chairman Teele: -- and I think one of the things -- Vice Chairman Sanchez: That's it. Chairman Teele: -- that Wall Street is saying, is all these consulting services on implementation of various softwares and all of that needs to be done by somebody else. Commissioner Winton: Mr. Chairman, I think that -- Mr. Simpson: No, no, no, they're not advising the software. Commissioner Winton: I think that -- Mr. Simpson: What they're advising is the ledger that the numbers that -- the beginning balance and ending fund balance, and many auditors, whether they do the audit or not is going to have that same process to have continuity in the books. They need to have sufficient comfort level that our books won't -- all I'm asking is, if we go with audit firm A, B or C, whatever we need to do to have that process, a month away or six away, that's fine with me. I just need to have some kind of continuity with the audited firms, whether it's firm number 1 or 2. Commissioner Winton: That's what I thought he was saying. He's not saying that it would be a consultant doing something tied to our new ERP system. He's saying that they wants the same auditor as we implement this whole thing. Mr. Simpson: Right, because what they -- Commissioner Winton: That starts -- Chairman Teele: Well, why bring us a contract? Why go out -- then why go out for a contract? If that's -- see, then why go out for a contract? Commissioner Winton: You mean for an auditor? Commissioner Regalado: Did the audit committee -- Commissioner Winton: This is the auditor. Chairman Teele: Then why go out -- why bid a contract? Why go through the lease -- Vice Chairman Sanchez: Scott, how about two years? Chairman Teele: -- of a -- Commissioner Winton: Because he's saying he doesn't care who the auditor is. City ofMiami Page 70 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Vice Chairman Sanchez: How about two years? Commissioner Winton: It could be any of them. Mr. Simpson: I mean, I don't -- the City can grant a two-year or three-year with -- Commissioner Winton: But he just wants to make sure that we don't have -- Mr. Simpson: I don't -- I just need -- I'd like to have the same auditor. Commissioner Winton: -- in the middle of the process, that we change in a year, or a year and a half or something; that it's the same auditor, whether it's rock -- Chairman Teele: But the contract -- the contract before us right now that was advertised was for a three-year contract. Commissioner Winton: Right. Chairman Teele: Will that firm be able to do that in three years? Mr. Simpson: Assuming everything goes right with implementation, yes. The majority of the expanded financial audited services -- Vice Chairman Sanchez: That company could do it in one year. Mr. Simpson: -- with this implementation will go -- will transpire in the next three years. Chairman Teele: Well, I'm not comfortable -- Commissioner Winton: See, that makes sense to me. Chairman Teele: I'm not comfortable delaying it because if they -- Commissioner Winton: No, I'm not either, but -- Chairman Teele: -- if they put out a bid, then you wanted a bid -- if you weren't going to go with the second low bidder or the second bidder, and you want to defer it because we're going to them Mr. Simpson: I'm happy to go with the second rate firm, if that's your wish. I'm just saying, I -- whoever we go with -- Commissioner Winton: Do it for three years, he's saying. Vice Chairman Sanchez: The motion on the table is for the second. Commissioner Regalado: OK Chairman Teele: That's what the motion -- Mr. Scott: And that's fine -- Commissioner Winton: What's he's saying here -- Mr. Simpson: -- butl don't want to do a one-year -- City ofMiami Page 71 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Commissioner Winton: He's saying do it for three years. Chairman Teele: Fine. That's the original motion. Commissioner Winton: Second -- Commissioner Regalado: OK. Commissioner Winton: -- firm three years. That's what he's requesting. Chairman Teele: All right. Commissioner Winton: And it makes sense to me. Mr. Simpson: Yeah, that's -- I just needed continuity. That's correct. Commissioner Regalado: All right. Vice Chairman Sanchez: Well, Scott, I could debate that because the continuity could be for two years. Commissioner Winton: No. Vice Chairman Sanchez: What does the Florida Statute -- what statute on the book says we have to have an accounting firm for three years? Mr. Simpson: No, no, no, that's not -- the Florida Statute has something to do when you write a contract and you provide optional extensions in the contract. The Auditor General, at the state level, says that, in itself doesn't constitute a fair competitive process. They recognize that the general practices that most cities across the state have this optional rule in it. That's why they haven't written anybody up for it. They've had a task force that got implemented about a year and a half ago to address this issue -- to address the ambiguities. Unfortunately, the task force sort of went by the wayside and nothing's happened. The likelihood, if we went in and we had a contract with extensions, the auditor -- State Auditor General would never write us up, but I -- you know, they've already warned people about it, so I was trying to comply with their wishes. Commissioner Winton: Joe, my guess is that if you went to our Audit Advisory Committee, they would suggest to us that we maintain the same auditor for a period of three to five years. Vice Chairman Sanchez: Maybe not. Commissioner Winton: That's going to be my -- they're not going to say change your auditor every year, I will guarantee you. Vice Chairman Sanchez: No. Johnny, I'm not saying -- Commissioner Winton: They're not going to say keep an auditor for two years either, I'll guarantee you. Vice Chairman Sanchez: Well, they're certainly not going to say keep one or six for seven or 10 years. Commissioner Winton: I -- that's right. That's what I said. I think it's going to be a three to City ofMiami Page 72 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 five-year period that you would hear those professionals tell you, you ought to keep an auditing firm, and then you rotate on some basis, whatever it is, some three to five-year cycle. Vice Chairman Sanchez: Well, Commissioner Regalado, you have a motion on the table. Your motion is? Commissioner Regalado: And you amended. I'm fine with it, and so if you want to call the roll, that's -- so we understand, the motion is directing the Manager to negotiate with number 2 firm, Rachlin, Cohen and Holtz for -- what do you say, Johnny? Commissioner Winton: A three-year period. Commissioner Regalado: -- a three-year period. Is that -- Commissioner Winton: Which is what the RFP was for. Commissioner Regalado: Is what -- that's what you -- Vice Chairman Sanchez: Three years, and hoping the administration will come back in three years and get another audit, and I'm telling you, I've got nothing -- Commissioner Regalado: And you also -- Vice Chairman Sanchez: I want to state on the record, I've got nothing -- I have not talked to any company, not either -- (UNINTELLIGIBLE). Commissioner Winton: None of us have. Vice Chairman Sanchez: This has been my pet peeve for years, which I've identified the problem. Other municipalities have it as a safeguard, and because the history with the certain giant corporates in America, it just gives you more reasons to change every couple of years to get fresh blood in there, as I say, fresh hounds to come in and identify the problems that exist, so I could accept it. I just want to move on. I just want to make sure that few years from now, if I'm not here, we're not here, someone would have the leadership to bring in another company, a fresh company. All right. There's a motion and a second. No further discussion. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. OK. Mr. Simpson: Thank you. Vice Chairman Sanchez: Thank you. RE.6 04-00745 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Attorney 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 City ofMiami Page 73 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 AMOUNT OF THE PERFORMANCE AND PAYMENT BONDS TO $250,000, CONDITIONED UPON SARMIENTO AGREEING TO ENTER INTO A SEPARATE PROFESSIONAL SERVICES AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR EMERGENCY MAINTENANCE OF BUS SHELTERS IN CITY OF MIAMI ("CITY") RIGHTS -OF -WAY, ON A MONTH -TO -MONTH BASIS AS PER THE ATTACHED PROPOSAL, AND PROVIDING THAT SHOULD ANY SHELTER BE USED FOR ADVERTISING, THE CITY SHALL NOT PAY TO MAINTAIN THE SHELTERS AND SARMIENTO SHALL PAY THE CITY AT THE RATE LAST PAID BY THE PREVIOUS BUS SHELTER CONTRACTOR. 04-00745-cover memo.pdf 04-00745-exh i bit. pdf Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0459 A motion was made by Chairman Teele, seconded by Commissioner Gonzalez, and was passed unanimously, to authorize the City Manager to negotiate a rate for bus benches, without advertising and on a unit basis as recommended by the Administration, with Sarmiento Advertising Group, and that said rate be presented to the Commission in 60 days at the meeting currently scheduled for September 23, 2004. Vice Chairman Sanchez: All right. Where are we at, Madam Clerk? Priscilla A. Thompson (City Clerk): RE.6. Vice Chairman Sanchez: RE.6, RE.6. Commissioner Regalado: The bus -- Vice Chairman Sanchez: Yes, RE.6. Stephanie Grindell: Stephanie Grindell, Director of Public Works. This is a resolution authorizing the City Manager to amend an existing contract with Sarmiento, to reduce the performance and payment bonds. We recommend approval. Vice Chairman Sanchez: And this is just for the reduction of the bonds? Ms. Grindell: Correct. Vice Chairman Sanchez: OK There's a motion. Commissioner Regalado: Move it. Vice Chairman Sanchez: There's a motion. Commissioner Winton: Second. Commissioner Gonzalez: Second. Vice Chairman Sanchez: And a second. Discussion. Commission Winton. City ofMiami Page 74 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Commissioner Winton: The question I think most of us have is -- this has been the nightmare from Elm Street. When will we get from you all a Comprehensive Plan, citywide Comprehensive Plan, that's going to deal with what we want to do about bus benches, bus shelters, integrate the two together, so that our public has something that they ought to have in every single neighborhood in the City ofMiami? When will we see that Comprehensive Plan -- recommended Comprehensive Plan that we can debate and then you all can go out with an RFP (Request For Proposal) or whatever you need to go out with to get that plan implemented? Joe Arriola (City Manager): Yeah. Commissioner Winton, as a matter of fact, I spent -- Vice Chairman Sanchez: RE.6. Mr. Arriola: -- a long, long, long time with Commissioner Teele going through this subject. We have a draft to show you how we're heading this thing, that -- we could show you right now, but we could come up with a final, final recommendation. We just want to make sure, with this draft, that this is the way you guys want us to go, and then -- Commissioner Winton: So we'll see that recommendation by when? Mr. Arriola: -- we could complete the study. Well, we have it now, if you -- Commissioner Winton: No, no, no, not today. Ms. Grindell: The draft -- I passed out the draft earlier today. Chairman Teele: No, we don't want to look at it now. We want to look at it in our offices. Commissioner Winton: Yeah. I mean, we're -- it isn't today's agenda item, so I just wanted a date by which we would hear this -- Arriola: By the time we come back, some time -- probably the second meeting in September we could be -- Commissioner Winton: Fine. Mr. Arriola: -- we could be ready. Commissioner Winton: Fine. Mr. Arriola: But I just -- Commissioner Winton: That's the answer I'm looking for. Mr. Arriola: -- but I think that you should all go through what we already done to make sure that this is the way you want us to go -- Commissioner Winton: So, you've got time to meet with us by then -- Mr. Arriola: -- so we don't make any mistakes. Commissioner Winton: -- but second week in September is when you'll roll out the recommended plans that we will discuss. Thank you. That's all I wanted to know. Chairman Teele: On the motion, Mr. Chairman. City ofMiami Page 75 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Vice Chairman Sanchez: There's a motion and a second. Are you -- Chairman Teele: I would like a follow on motion once this item is adopted. Vice Chairman Sanchez: OK No further discussion. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say nay. Hearing none, motion carries unanimously. Commissioner Winton. Commissioner Teele. Chairman Teele: Mr. Chairman, I would move that the City Manager be directed to negotiate a rate from Sarmiento for bus benches on a unit basis, with advertising and without advertising. Actually, you don't have to negotiate with advertising. Without advertising -- on a unit basis, based upon units that are recommended by the staff and that that be presented within the next 60 days or at the second meeting in September. I would so move. Commissioner Gonzalez: Second. Vice Chairman Sanchez: There's a motion and a second. Commissioner Winton: What is that all about? Chairman Teele: Mr. Chairman, the reason that that -- I'm asking for that is, Sarmiento has fulfilled apparently about 90 percent of their contract for non -advertised bus benches, and it gets to the point that you just made. We need a master plan of not where the advertisers or the bus bench companies or the bus shelters companies want to put up advertising or bus benches and bus shelters. We need a master plan of where the public needs bus shelters and bus benches, and -- for 25 years we've let these vendors determine everything, and I can tell you right now, I took a picture thatl didn't have a chance to get developed this morning, at 6:30, right in front of 1 Herald Plaza, at 10 minutes to seven, was the exact time. There were 12 people standing up on the southbound road there, going toward the ramp to go -- get up on 395. Commissioner Winton: Right. Chairman Teele: Directly in front of the Herald, and it's not right. It's just not right to the transit -dependent that we don't provide bus benches and bus shelters. Commissioner Winton: And I don't understand why we would even think about bus benches in the future. Chairman Teele: Because there are a lot of places, Johnny, that the right-of-way -- and this is a big problem. Commissioner Winton: Oh, where -- it is a big problem. Chairman Teele: The right-of-way doesn't lend itself to bus shelters. Commissioner Winton: Oh, OK Chairman Teele: And, in many cases, the right-of-way -- Commissioner Winton: OK. Chairman Teele: -- doesn't have sufficient space -- City ofMiami Page 76 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Commissioner Winton: I'm -- Chairman Teele: -- for bus benches. Commissioner Winton: I'm -- Chairman Teele: We instructed the Manager to go out and negotiate -- and most of these locations are going to be institutions, such as the University ofMiami, or the DOT (Department of Transportation), or Miami -Dade County. We -- or the City, where we could get sufficient easements to move the bus bench or the bus shelter there so that we can make sure that our sidewalks are available for the elderly and handicap. We've just done a horrible job of looking out for the transit -dependent and the transit poor, and this goes on and on and on, and Stephanie, I really wish you all would go back and get the record of the transcript of the discussions of Commissioner Gonzalez -- Grindell: I absolutely have. I've read them and those issues are addressed in our preliminary plan that I handed out this morning. Vice Chairman Sanchez: All right. Commissioner Winton: Commissioner Teele -- oh, no, no, no, no. I'm hearing something here. I don't know what to do about it. There at I Herald Plaza is also where the Multi Modal Center was built by the County. I'm being told that for some reason or another, of late, the County has taken all the buses out of the Multi Modal Center and are, in fact, taking the people and dumping them there kind of on -- along 1 Herald Plaza there somewhere, so I don't know if that's a temporary issue or not, but we need to understand if-- you know, it -- this is totally separate from what you're talking about, and I hate to get us away from -- Chairman Teele: No, it's -- it is the identical point, and that is this: We're not in the transportation business. We're in the business of providing for the quality of life of our citizens, so we're there providing the amenity. The fact of the matter is, is that this is not a picture you can take and it stays. The buses are -- routes are constantly being adjusted, and there are constantly realignments of routes, as they add routes and reduce routes, and so you've got -- Commissioner Winton: And we need that flex -- Chairman Teele: -- to be on top of this. Commissioner Winton: Yeah. Chairman Teele: There is nobody in the City ofMiami that is an expert or has their duty to do this, but yet, how much money do we expect to collect from this vendor a year, from Sarmiento? Ms. Grindell: $168, 000. Chairman Teele: But, yet, we're collecting $168, 000, but nobody's managing the contract, so it's just money going into a hole and the transit -dependent is just being totally abused by the process, not by the City, but by the process because Sarmiento is a great company. They've got a great design, but you what they're in this for? They're not in this to provide bus shelter -- bus benches. They're in there to provide advertising to make money, and somebody's got to look out for the people. Ms. Grindell: Those issues will be addressed in the Comprehensive Plan. City ofMiami Page 77 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Chairman Teele: Call the question. Vice Chairman Sanchez: Call the question. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. RE.7 04-00691 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO APPROVE THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS NO. 03-04-005, THAT THE FIRM MOST QUALIFIED TO PROVIDE CONSULTING SERVICES FOR AN IMPACT FEE STUDY, FOR THE OFFICE OF THE CITY MANAGER IS TISCHLER & ASSOCIATES, INC.; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH TISCHLER & ASSOCIATES, INC., AT AN AMOUNT NOT TO EXCEED $150,000, FOR A ONE-YEAR PERIOD, WITH THE OPTION TO EXTEND FOR TWO ADDITIONAL SIX-MONTH PERIODS; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT ACCOUNT CODE NO. 311047, ENTITLED "EFFICIENCY IMPROVEMENT STUDIES." 04-00691-cover memo.pdf 04-00691-budgetary impact.pdf 04-00691-reconnaissance analysis.pdf 04-00691-manager recommenendation.pdf 04-00691-exhibit- psa.pdf Motion by Chairman Teele, 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-04-0460 Vice Chairman Sanchez: RE.7, I believe. No, we -- Commissioner Gonzalez: Yeah, RE.7. Chairman Teele: So move, Mr. Chairman. Commissioner Gonzalez: Second. Vice Chairman Sanchez: There's a motion and a second. Discussion. Commissioner Winton: Yes. Vice Chairman Sanchez: Commissioner Winton, you're recognized. Commissioner Winton: Does the scope of service here for this consultant is -- are they going to also review countywide impactfee boundaries and school board impactfee boundaries, both of which have a huge impact on us, in which our developers are paying huge fees into and those fees go to Lord knows where, so is the scope of this consultant's job going to include that City ofMiami Page 78 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 analysis? Alicia Cuervo Schreiber (Chief of Operations): Alicia Cuervo Schrieber. Yes. The scope include an analysis of the County calculation of impact fees, as it relates to the City ofMiami, and those items you just laid out. Commissioner Winton: And school board. Ms. Cuervo Schreiber : I will address that. I'll go back to the contract. It listed County, but I'll make sure that school board is addressed in negotiations with them -- in the conversations with them. Commissioner Winton: It needs to be -- the scope needs to be expanded to include school board, and I will tell you just for future reference for them, the Downtown Development Authority paid for an analysis of school impact fees, as it relates to the DDA (Downtown Development Authority) district boundaries. That study is available and done, so we'd love to give that study over to your consultant so he can deal with the whole City/County issue -- Ms. Cuervo Schreiber : Yes, it includes school board -- Commissioner Winton: OK. Ms. Cuervo Schreiber : -- Commissioner. Commissioner Winton: OK. Ms. Cuervo Schreiber : And I would love to have that report. Thank you. Commissioner Winton: OK. Just make sure he knows about it and he can get it from Dana Nottingham at the DDA. Vice Chairman Sanchez: All right. Hearing no further discussion, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. RE.8 04-00652 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE ACQUISITION OF KRONOS WORKFORCE CENTRAL LICENSES, HARDWARE, TRAINING, SUPPORT SERVICES AND IMPLEMENTATION SERVICES FROM KRONOS, INC, ON AN AS -NEEDED CONTRACT BASIS, UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 252-023-00-01, EFFECTIVE THROUGH APRIL 30, 2005, SUBJECT TO FURTHER EXTENSIONS OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA, AT A FIRST YEAR AMOUNT NOT TO EXCEED $378,000, INCLUDING SOFTWARE UPGRADE AND ONE (1) YEAR MAINTENANCE AT AN ANNUAL COST NOT TO EXCEED $70,000; AUTHORIZING THE OPTION TO EXTEND YEARLY MAINTENANCE FOR FOUR ADDITIONAL ONE-YEAR PERIODS AT A COST NOT TO EXCEED 3% OF THE COST FOR MAINTENANCE PER YEAR; ALLOCATING FUNDS FROM THE LOCAL LAW ENFORCEMENT BLOCK GRANT VIII, ACCOUNT CODE 142023, IN THE AMOUNT NOT TO EXCEED $378,000, FOR THE INITIAL PURCHASE; City ofMiami Page 79 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 ALLOCATING FUNDS FOR OTHER PURCHASES FROM FUTURE FUNDS FROM VARIOUS CAPITAL IMPROVEMENTS PROJECT ACCOUNTS, THE OPERATING BUDGETS OF VARIOUS DEPARTMENTS, INFORMATION TECHNOLOGY DEPARTMENT'S OPERATING BUDGET, AND INFORMATION TECHNOLOGY STRATEGIC FUNDING, AS MAY BE ADJUSTED FROM TIME TO TIME BY THE CITY COMMISSION IN THE ANNUAL APPROPRIATIONS/CAPITAL IMPROVEMENTS ORDINANCES OR AS OTHERWISE ADJUSTED AS PERMITTED BY LAW. 04-00652-cover memo.pdf 04-00652-budgetary impact.pdf 04-00652-order form.pdf 04-00652-cert. of insurance.pdf 04-00652-certification.pdf 04-00652-award under state of FL.pdf 04-00652 - submittal.pdf 04-00652 - police summary.pdf Motion by Chairman Teele, 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-04-0461 Vice Chairman Sanchez: RE.8 Chairman Teele: So move, Mr. Chairman. Vice Chairman Sanchez: There's a motion -- Commissioner Gonzalez: Second. Vice Chairman Sanchez: -- for RE.8. It's second. Discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. RE.9 04-00756 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A COMPROMISE, SETTLEMENT AND RELEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH RACEWORKS, LLC, FOR OUTSTANDING FINANCIAL OBLIGATIONS ASSOCIATED WITH GRAND PRIX AMERICAS, HELD ON SEPTEMBER 26-28, 2003. 04-00756-cover memo.pdf 04-00756-exhibit 1-letter.pdf 04-00756-exhibit 2-settlement and release agreement.pdf 04-00756-exhibit 3-email.pdf 04-00756-exhibit 4 - RLA.pdf 04-00756-exhibit 5- raceworks resolution.pdf City ofMiami Page 80 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Motion by Vice Chairman Sanchez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0465 A motion was made by Chairman Teele, seconded by Commissioner Gonzalez, and was passed unanimously, to defer item RE.9. A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and passed unanimously, to reconsider previous vote to defer item RE.9. [The item was subsequently adopted.] Vice Chairman Sanchez: RE.9. Chairman Teele: So move, Mr. Chairman. Commissioner Regalado: Second. Vice Chairman Sanchez: There's a motion. Commissioner Winton: What is the settlement, by the way? Vice Chairman Sanchez: There's a motion and a second. Discussion. Chairman Teele: Commissioner Winton wants to know. Javier Fernandez: Mr. Chairman, Javier Fernandez, Assistant to Chief of Neighborhood Services. The settlement is actually -- roughly $0.50 of a dollar, little bit over $.50 of a dollar. The total amount of $53, 444.22. Commissioner Winton: How much? Mr. Fernandez: $53,444.22. The outstanding liabilities are $104,401.05. Commissioner Winton: OK. Chairman Teele: Didl move it? Vice Chairman Sanchez: Yes, sir. Chairman Teele: I withdraw my motion. Vice Chairman Sanchez: OK The maker of the motion withdraws his motion, so there is no motion on the floor. Chairman Teele: I move to defer it to the next meeting. Vice Chairman Sanchez: There's a motion -- Commissioner Gonzalez: I second the deferral. Vice Chairman Sanchez: -- to defer it to the next Commission meeting. All in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 81 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. Chairman Teele: Next. Next item. Commissioners -- Mr. Manager, is there anything that you all want to make sure we take up -- Commissioner Winton: Yeah. Chairman Teele: -- before we lose the quorum? Commissioner Winton: Don't we need to take up RE.9, Javier? Chairman Teele: There's going to be a motion to reconsider an item that was previously passed. Commissioner Gonzalez, I think the management is strongly recommending this. Is there a motion to reconsider RE.9, which was a settlement regarding Raceworks, for the purpose -- Commissioner Winton: So move. Chairman Teele: -- of a discussion? Commissioner Regalado: Second. Chairman Teele: Moved by the -- Commissioner Winton. Seconded by Commissioner Regalado. For a discussion. Vice Chairman Sanchez: Discussion. Chairman Teele: This is the -- Vice Chairman Sanchez: Well, this discussion is probably in favor of -- Chairman Teele: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? All right. Yeah. Vice Chairman Sanchez: All right. Well, I'll just state why I supported it, just as -- voting after the fact. We all know that if they go -- Chairman Teele: No, no, no. This is -- that was the vote to reconsider. Vice Chairman Sanchez: Oh, OK. Chairman Teele: Now, it's here. Vice Chairman Sanchez: It's getting pretty late. Well, after reconsidering and reading the documents, you know, and looking at the outcome, you know, if they do file for Chapter 11, we might be getting, you know, pennies -- Commissioner Winton: Nothing. Vice Chairman Sanchez: -- to a dollar, getting nothing, so I think this -- after out -- looking at everything and outweighing the good with the bad, I think the settlement is in the City's best City ofMiami Page 82 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 interest. Commissioner Winton: Then move it. Vice Chairman Sanchez: So move. Commissioner Winton: Second. Commissioner Gonzalez: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? Unidentified Speaker: Thank you very much. Commissioner Winton: That's the first unanimous thing today, isn't it? Chairman Teele: It's certainly with no discussion. RE.10 04-00760 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN INCREASE IN COMPENSATION FOR THE PROFESSIONAL CONSULTING SERVICES OF CONSUL -TECH TRANSPORTATION, INC., PREVIOUSLY APPROVED BY RESOLUTION NO. 04-0011, ADOPTED JANUARY 8, 2004, IN AN AMOUNT NOT TO EXCEED $2,000,000, INCREASING COMPENSATION FROM $1,000,000 TO $3,000,000, FOR PROFESSIONAL CONSULTING SERVICES FOR MANAGEMENT SKILLS TO BE UTILIZED CITYWIDE ON AN AS -NEEDED CONTRACT BASIS; AMENDING RESOLUTION NO. 04-0011 TO REFLECT SAID INCREASE; ALLOCATING FUNDS FOR SAID INCREASE FROM VARIOUS CAPITAL IMPROVEMENTS AND SPECIAL REVENUE FUND PROJECT ACCOUNTS. 04-00760-cover memo.pdf 04-00760-budgetary impact.pdf 04-00760-pre legislation.pdf 04-00760-pre memo.pdf 04-00760-contract checklist.pdf 04-00760-email. pdf 04-00760-pre standard agreement.pdf 04-00760-pre agreement terms.pdf 04-00760-scope of services.pdf 04-00760-method of compensation.pdf 04-00760-forms. pdf 04-00760-FDOT letter.pdf 04-00760-request for RFP.pdf 04-00760-scope of services 2.pdf 04-00760-pre agreement terms 2.pdf 04-00760-technical form.pdf 04-00760-certified forms.pdf 04-00760-estimate. pdf City ofMiami Page 83 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 DEFERRED A motion was made by Chairman Teele, seconded by Commissioner Gonzalez, and was passed unanimously, to DEFER item RE.10 to the Commission Meeting currently scheduled for July 22, 2004. See related notations and transcript under Item RE.11. RE.11 04-00761 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN INCREASE IN COMPENSATION FOR THE PROFESSIONAL CONSULTING SERVICES OF HDR ENGINEERING, INC., PREVIOUSLY APPROVED BY RESOLUTION NO. 04-0010, ADOPTED JANUARY 8, 2004, IN AN AMOUNT NOT TO EXCEED $2,000,000, INCREASING THE COMPENSATION FROM $2,000,000 TO $4,000,000 FOR PROFESSIONAL CONSULTING SERVICES FOR MANAGEMENT SKILLS TO BE UTILIZED CITYWIDE ON AN AS -NEEDED CONTRACT BASIS; AMENDING RESOLUTION NO. 04-0010 TO REFLECT SAID INCREASE; ALLOCATING FUNDS FOR SAID INCREASE FROM VARIOUS CAPITAL IMPROVEMENTS AND SPECIAL REVENUE FUND PROJECT ACCOUNTS. 04-00761- cover memo.pdf 04-00761-budgetary impact.pdf 04-00761-pre legislation.pdf 04-00761-pre text file report.pdf 04-00761-state of FL letter.pdf 04-00761-emails.pdf 04-00761-state of FL letter 2.pdf 04-00761-state contract amendment.pdf 04-00761-state memos.pdf 04-00761-certification of contract.pdf 04-00761-list of contractors.pdf 04-00761-special conditions.pdf 04-00761-special conditions 2.pdf DEFERRED [Note: Minutes for both items RE.10 and RE.11 are below.] A motion was made by Chairman Teele, seconded by Commissioner Gonzalez, and was passed unanimously, to DEFER item RE.11 to the Commission Meeting currently scheduled for July 22, 2004. Direction to the Administration by Commissioner Gonzalez to provide him with a report on how much money the City has spent in consulting fees. Vice Chairman Sanchez: We move on to the next item, RE.10. Chairman Teele: Mr. Chairman. Vice Chairman Sanchez: Yes, sir. You're recognized. Chairman Teele: Do we have the pictures of 2ndAvenue -- 2ndAvenue and 20th Street? Mary Conway (Transportation Coordinator): No, we do not have pictures of that. City ofMiami Page 84 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Chairman Teele: I move that items 10 and 11 be deferred until later on in the evening, or until we get the pictures. Vice Chairman Sanchez: There -- Commissioner Gonzalez: RE.10 and 11. Chairman Teele: 10 and 11. Vice Chairman Sanchez: You wanted to defer it or you want to table it? Commissioner Gonzalez: Mr. Chairman. Chairman Teele: Table -- huh? Vice Chairman Sanchez: You want it tabled or -- Chairman Teele: Just for the later on to this evening, until we get the pictures. Vice Chairman Sanchez: OK Commissioner Gonzalez: I would appreciate it if this could be deferred until the next meeting. Chairman Teele: Move to defer to the next meeting. Vice Chairman Sanchez: There is a motion to defer RE.10 and RE.11 to the next meeting. The next meeting is going to be -- we're going to be stuck here four days. Commissioner Gonzalez: Well, then make it the first meeting in September. Vice Chairman Sanchez: All right. There's a motion and a second to defer all -- Commissioner Regalado: Mr. Chairman? Vice Chairman Sanchez: Yes, sir. Commissioner Regalado: We're talking here in half a page of $4, 000, 000 from the City's money. Vice Chairman Sanchez: Commissioner, the items are being deferred. Commissioner Regalado: I understand that. Chairman Teele: We could always -- we can reconsider it. Commissioner Regalado: No, no, I understand that, but my point is that, hopefully, before we discuss this, someone will give us some information as to why are we paying $4, 000, 000 more to two companies? Commissioner Gonzalez: Consultants. Commissioner Regalado: I mean, hopefully, someone will come by -- drop by a memo or something, if they don't have the time to discuss this, so I -- at least, can I -- I can understand why this increase of $4, 000, 000? I mean, this is not 4,000. This is $4, 000, 000. City ofMiami Page 85 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Commissioner Gonzalez: And this is from CIP (Capital Improvement Program), right? Ms. Conway: Yes. And I just -- Commissioner Gonzalez: One thing that would like to have before the next discussion is how much money we're paying in consulting fees? Because at the rate we're going, out of the $255, 000, 000 for the CIP, we're going to end up with $5, 000, 000 for projects and $250, 000, 000 in consulting and bureaucracy and other, you know, architectural firms and -- so, you know, this -- Ms. Conway: We'll be happy to -- Commissioner Gonzalez: -- is getting out of hand. Ms. Conway: -- meet with each of you individually, to explain in more detail industry standards, as far as what percentages of office support for actual construction are typical. One thing that I'd like to note, though, is if it's at all possible for this to be deferred to the July 22nd, as opposed to September? The funds that have been supporting the industry partners assisting us in accelerating the delivery of the program to date, as well as the systems and tools to be able to deliver it, significantly accelerated level above the 20 to 25, 000, 000 annually that we can do with our own staff. Those funds are -- will be exhausted towards the end of this month, so if it's possible for us to hear it sooner rather than later, and we'll make the commitment to meet with each of you individually to go over all of the details. Commissioner Winton: And I don't know why we wouldn't hear it. You know, we could always vote no, but we ought to hear it, because we're all complaining about the number of projects that are getting done. This is directly tied to that. If we don't like the pitch, we say no. Chairman Teele: But, Mr. -- I agree with you in the fact that think we should schedule it for the 22nd. If somebody wants to defer it on the 22nd, then let's defer it, if there is three votes to do that, butl think, you know, if it's about information, the Commissioners ought to be informed. If he wants more information, we'll have to consider it at that time, butt would respectfully ask the maker of the original motion to consider letting us put it on for the 22nd, with the right for you to defer it again, if you'd like. Commissioner Winton: Right. Commissioner Gonzalez: I have no problem with that. Vice Chairman Sanchez: Is the maker of the motion -- Commissioner Gonzalez: The only concern -- the only -- Vice Chairman Sanchez: Maker of the motion for July the 22nd -- defer to -- Commissioner Gonzalez: I accept the amendment. Vice Chairman Sanchez: OK. Commissioner Gonzalez: The only concern that have -- and expressed it to you in writing. I sent a memo to your office, Mr. Chairman -- is that I've been told that we're going to have 52 Planning and Zoning items on the 22nd -- Commissioner Winton: How many? City ofMiami Page 86 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Commissioner Gonzalez: -- plus the regular agenda. Unless we're planning to stay here in City Hall for two consecutive days, I don't know how we're going to be able to do that and keep adding up and adding up and adding up. Commissioner Regalado: Well, why -- Chairman Teele: Not once we deal with this, because we're going to then make a motion to instruct the Manager to limit the number to not more than 25 and let them pick out which ones are coming forward. We -- you know, we -- Commissioner Gonzalez: For the 22nd? Chairman Teele: Yeah. They -- Commissioner Gonzalez: Because let me tell you, it's outrageous. It's outrageous. You know, at 1 a.m. In the morning, at 12 midnight, after spending all day here debating different issues, none of us are thinking clearly, you know, and that is the time when things happen and we don't realize that they just happened, and mistakes are made, so I have a serious problem with these, you know, long meetings. Commissioner Regalado: Well, why can we not -- why can we not come next day, not for the Planning and Zoning but for the regular agenda, in the afternoon? Chairman Teele: Because the Planning and Zoning agenda is noticed for 3 o'clock. Commissioner Regalado: I understand that, and that's what I'm saying. We begin only on the 22nd with the Planning and Zoning, and then come back on Friday for the regular agenda, because we're going --August, we won't be here. Vice Chairman Sanchez: Let's stay on course here. Let's -- these two items are deferred, OK. There's a motion and a second to defer the item. Commissioner Regalado: I mean, I -- I don't -- Vice Chairman Sanchez: Commissioner Regalado, let's vote on that to defer the item, then we'll move on. Commissioner Regalado: I don't have a problem. Vice Chairman Sanchez: There's a motion and a second to defer RE.10 and RE. 11 to the -- Chairman Teele: To the next meeting. Vice Chairman Sanchez: -- July 22nd meeting. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." City ofMiami Page 87 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 BOARDS AND COMMITTEES BC.1 04-00188 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN Clerk INDIVIDUAL AS A MEMBER OF THE COMMISSION ON THE STATUS OF WOMEN FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Chairman Arthur E. Teele, Jr. 04-00188-memo-1.doc 04-00188-list-2.doc 04-00188-resignation-3.pdf NO ACTION TAKEN BC.2 04-00441 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN Clerk INDIVIDUAL AS A MEMBER OF THE COMMUNITY RELATIONS BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Richard Bennett, Jr. Chairman Arthur Teele 04-00441-memo-1.doc 04-00441- MEMBERS-2.doc 04-00441 - nominations - 3.pdf NO ACTION TAKEN BC.3 04-00444 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: Henry S. Harrison NOMINATED BY: Miami Association of Fire Fighters Shad Fields AFSCME Local 871(for Sanitation employees) 04-00444-memo-1.doc 04-00444-members-2.doc 04-00444 - nomination - 3.pdf 04-00444 - nomination - 4.pdf NO ACTION TAKEN BC.4 04-00447 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND City ofMiami Page 88 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: Eli Feinberg Bob Beamon 04-00447-memo-1 .doc 04-00447-members-2.doc NO ACTION TAKEN NOMINATED BY: Commissioner Angel Gonzalez Chairman Arthur E. Teele, Jr. BC.5 04-00637 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Milagros Loyal Commissioner Tomas Regalado (Regular member with unexpired term ending February 10, 2006) Manuel Chamizo Vice Chairman Joe Sanchez (Regular member with unexpired term ending February 13, 2007) James Moss Chairman Arthur Teele (Regular member with unexpired term ending February 10, 2006) John Jones Commission At -Large (Alternate member with unexpired term ending February 13, 2007) 04-00637-memo-1.doc 04-00637-Members-2.doc NO ACTION TAKEN BC.6 04-00655 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN Clerk INDIVIDUAL AS A MEMBER OF THE CITY OF MIAMI ARTS AND ENTERTAINMENT COUNCIL FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Jackie Bell 04-00655-memo-1.doc 04-00655-members-2.doc 04-00655 - back up - 3.pdf NO ACTION TAKEN Chairman Arthur Teele City ofMiami Page 89 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 BC.7 04-00685 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN Clerk INDIVIDUAL AS A MEMBER OF THE MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Chairman Arthur Teele 04-00685-memo-1.doc 04-00685-members-2.doc NO ACTION TAKEN City ofMiami Page 90 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 DISCUSSION ITEMS DI.1 04-00707 DISCUSSION ITEM A DISCUSSION CONCERNING A FINANCIAL UPDATE AND A BUDGET OUTLOOK. 04-00707-cover memo.pdf NO ACTION TAKEN DI.2 04-00717 DISCUSSION ITEM Department of DISCUSSION CONCERNING A REPORT ON HOUSING ACTIVITIES, Community SPECIFICALLY THOSE HOUSING ACTIVITIES ALLOCATED THROUGH Development THE HOUSING AND COMMERCIAL LOAN COMMITTEE. 04-00717-cover memo.pdf NO ACTION TAKEN DI.3 04-00718 DISCUSSION ITEM Department of DISCUSSION CONCERNING A REPORT ON ELDERLY PROGRAMS Community FUNDED IN THE 29TH PROGRAM YEAR FROM THE MAYOR'S Development POVERTY INITIATIVE FUND. 04-00718-cover memo.pdf 04-00718-spreadsheet. pdf NO ACTION TAKEN DI.4 04-00743 DISCUSSION ITEM PRESENTATION BY THE ECONOMIC DEVELOPMENT DEPARTMENT THAT WILL OUTLINE A PLAN FOR THE ACQUISITION OF LOTS FOR AFFORDABLE HOUSING FROM THE MIAMI-DADE COUNTY LIST OF LANDS. 04-00743-cover memo.pdf NO ACTION TAKEN DI.5 04-00594 DISCUSSION ITEM Department of DISCUSSION CONCERNING A STATUS REPORT OF BUS BENCHES, Public Works BUS SHELTERS AND ALL RELATED MATTERS. 04-00594-cover memo.pdf NO ACTION TAKEN DI.6 04-00687 DISCUSSION ITEM Office of the City DISCUSSION AND CONSIDERATION OF AN AMENDMENT TO THE Attorney GOVERNING BODY OF THE SEOPW/CRA ORDINANCE. 04-00687-cover memo.pdf NO ACTION TAKEN DI.7 04-00746 DISCUSSION ITEM City ofMiami Page 91 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 DISCUSSION CONCERNING A POLICY RELATIVE TO THE RATIONALE OF THE CITY REQUESTING $1 MILLION COVERAGE FROM VENDORS. NO ACTION TAKEN 10:00 A.M. DI.8 04-00654 DISCUSSION ITEM DISCUSSION CONCERNING REQUEST FROM MIAMI-DADE COUNTY SUPERVISOR OF ELECTIONS CONSTANCE KAPLAN REGARDING NECESSITY TO CHANGE DATE OF RUNOFF ELECTION. 04-00654 Cover memo.doc 04-00654 - 2nd Letter Supervisor of Elections.pdf 04-00654 - Memo from City Clerk with Elections Attachments.pdf 04-00654 - Letter from County Mgr. with Ord.pdf 04-00654 Cover Memo City Clerk 06-29-04.pdf 04-00654 - Election Letter.pdf 04-00654 - Election date change.pdf MOTION Direction to the City Clerk by Chairman Teele to obtain from the Miami -Dade County Supervisor of Elections, a copy of the report that was submitted to the County on the status of where the Elections Department is in preparation for the August and November 2004 elections. [Note: Clerk forwarded a copy of the report to the members of the Commission via e-mail on 7-13-04.] A motion was made by Commissioner Gonzalez, seconded by Commissioner Winton, and was passed unanimously, to instruct the City Manager to schedule for the Commission Meeting currently scheduled for July 22, 2004, a discussion on a proposed charter amendment that would propose to change the time between the City's primary and runoff elections to be from one week to two weeks. [Note: Clerk reminded Agenda Coordinator on 7-12-04.] A motion was made by Chairman Teele, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Winton absent, to direct the City Manager to make available space at City Hall, or any other space in the City adequate to meet requirements to provide a satellite office for the Miami -Dade Supervisor of Elections to provide voting services, such as early voting, to the residents of the City ofMiami. Discussion on Item DI.8 resulted in the resolution below. Chairman Teele: DI.8. Who is Discussion Item 8 being put on here by? Madam Clerk. Priscilla A. Thompson (City Clerk): Yes, sir. We have here are -- Chairman Teele: Ms. Kaplan, I apologize for holding you. We've held you 30 minutes beyond the time that we said we'd fry -- 39 minutes beyond the time that we said we'd try to get you here. Welcome. Constance Kaplan: Not a problem. Thank you. Ms. Thompson: Sir, we've placed this on the agenda because we got a letter from Ms. Kaplan requesting a change in our runoff date because she needs more time to program machines and a list of other things, and I asked her to come before you so that she could make her presentation to the Commission so you all can decide what to do. City ofMiami Page 92 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Chairman Teele: Madam Clerk, have you discussed this matter with the Mayor? Ms. Thompson: Yes -- well, I've discussed it with his Chief of Staff, and he said -- the Mayor wanted to be here to discuss it, as well. Chairman Teele: All right. would someone -- Mr. Manager, would you alert the Mayor's Chief of Staff. The Mayor wants to be down here or something when this item is being discussed. Commissioner Winton: Well, then, which is now. Chairman Teele: Which is right now. Commissioner Regalado: I told the Mayor that last time that Ms. Kaplan was here we asked her to come back, because he was out of town and because of him and he said that he was interested in that. Mr. Chairman, ifI may, before the Mayor comes down, I have -- can I be recognized please? Chairman Teele: Commissioner Winton, are you finished? You're recognized. Commissioner Regalado: Thank you. Last meeting, we -- Chairman Teele: Now, are you going to be nice to the supervisor? Commissioner Regalado: Very nice. Chairman Teele: OK. Commissioner Regalado: Very nice. I think that the supervisor of election has to understand that whatever we say here is business, not personal. We are -- Ms. Kaplan: On my behalf also. Commissioner Regalado: We know that you are very talented and we know that you are overwhelmed, but I promise you that we're going to sue you and we're going to sue you. Ms. Kaplan: I appreciate that. I assure you, I've talked to the County attorneys and alerted them. Commissioner Regalado: OK. The reason is that in the last Commission meeting, Madam Supervisor, you went through a list of the different libraries in the City ofMiami, and you disqualified all of them. I since have the help of state representative Julio Robaina, who got me the law, and the law is very clear in saying that only in libraries and City Halls, and plus Election Department can early voting be done, but it also says that libraries can be used at the discretion of the Supervisor of Election, not -- the state doesn't have any rules at all. It is at the discretion of the supervisor, in this case, you. Since you disqualified all libraries in three of the districts, especially in District 4 -- as you know, I represent that district. Sixty-two percent of the voters are 65 years of age and older, and the recent use of early voting sites in the 2002 general election was a success in the City ofMiami and the City paid for it. I have requested and received the help of the American Civil Liberties Union, and also professor Martin Mahoney, professor of law, specialize in election in the University ofMiami, School of Law, so Mr. Chairman, I have a resolution of the Miami City Commission authorizing the City Attorney to seek injunctive relief or any other actions in law or in equity against Miami -Dade County Division of Elections, to ensure that early voting sites are made available to all electors in the City ofMiami, regardless of race, ethnicity or geographic location. I move -- I so move. City ofMiami Page 93 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Commissioner Gonzalez: Second. Chairman Teele: Discussion. Before we have a formal discussion, Ms. Kaplan, I think we have sufficient time to negotiate something to avoid any type of action, that a majority of the Commission may do. I'm sure the Commissioners intent is not to sue the Supervisor of Elections but to get compliance. I mean, we don't take any pleasure in suing. Ms. Kaplan: IfI may, and possibly the information that I provided was not accurate or -- to you. We have only two libraries in the district. Is that -- I have the Shenandoah branch and the West Flagler branch. Is that -- Commissioner Regalado: Right, yeah. Ms. Kaplan: That's true. OK Commissioner Regalado: But I'm talking here not only on District 4, because you went through the list -- Ms. Kaplan: Right. Commissioner Regalado: -- and one by one -- Ms. Kaplan: -- and we are using Lemon City, which is a branch in -- I'm sorry, I'm not sure what district that it is in. Commissioner Regalado: District 5. Ms. Kaplan: District 5. Again, it is the arrangement or the room or the facility. Chairman Teele: Excuse me. It may be in Johnny's district. It's -- the avenue is 4th Avenue is the dividing line. I think it's on the east side of the dividing line, but it's in that area. It's right off -- Ms. Kaplan: OK. Chairman Teele: -- of Biscayne Boulevard, two blocks off of Biscayne Boulevard. Ms. Kaplan: OK. Again, it is the facility. The buildings do not have a room that can be secured to use it as early voting for the 15 days required by law, and certainly, I do want to work with you. I am not here to be confrontational by any means. I am here to make sure that we follow the law, and we make whatever accommodations we can within the law, but I can't set up early voting in a library that doesn't even have a room where I can secure the equipment and put 15 iVofonic units in, so again, this is where, you know, our information is. Commissioner Winton: Mr. Chairman -- Commissioner Regalado: But you -- I'm sorry. No. You understand that we're willing to bear the cost of the early voting sites, as we always do -- Ms. Kaplan: OK. Chairman Teele: -- because that is something that we feel the City ofMiami residents deserve because of the conditions of many disabled and many elderly residents, and I'm sure that, thinking a little out of the box, you know, a place can be made secure by some provisional walls or something like that. I mean, it seems to me that if you're going to have 13, 14 early voting City ofMiami Page 94 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 throughout the County. I mean, it cannot be that the different libraries throughout the unincorporated area for other cities are better equipped than all the libraries in the City of Miami, and this is the reason - - Commissioner Winton: Well - - Chairman Teele: -- the problem is that -- I'm sorry, Johnny -- the problem is that the -- you, better than anybody, understand the difficult time that elderly residents are going to have come November 2 in the Presidential Election with the long list of President and Vice President, Senator, Supreme Court Justices to be retained - - Ms. Kaplan: Long ballot. Chairman Teele: -- amendments from the Bullet Train to the homestead exemption, doctors and attorneys, and attorneys and doctors, state representatives, judges, you know, local issues, it's going to be very difficult and certainly the polls say that a lot of people would want to go out and vote on this Presidential Election, so to me, it's the duty of the leaders of the City to provide some kind of relief to those elderly residents and this is, you know, the -- I mean, nobody likes to sue anybody, but the only way -- if the only way to get this thing moving is suing you and your department, you know, like -- this is business, not personal. Ms. Kaplan: Absolutely, and I do want to clarify that on a countywide election, you do not absorb the costs for early voting. That is part of conducting the County election. You only pay when it is your City election on another date. Commissioner Winton: Mr. Chairman, I -- Chairman Teele: Commissioner Winton. Commissioner Winton: I completely agree with Commissioner Regalado's thought process here. However, I think the target of the lawsuit is the wrong target. I think we need to be suing the state election supervisor or someone in Tallahassee, and you're the legal expert here. Chairman Teele: Over the law, the law. Commissioner Winton: It's the law that's the problem. The law put her in a bind here. I don't understand the rationale for -- the rationale is just beyond me to understand how our legislature could have passed a law that restricts early voting locations to these silly locations that we have. Makes no sense to me. I mean, the law created the restriction, not her office. Ms. Kaplan: Absolutely. Commissioner Regalado: Yeah, but it's at the discretion of the Supervisor of Elections. Commissioner Winton: It it's not. Chairman Teele: No, it isn't. Commissioner Winton: -- at the discretion. Commissioner Regalado: Yes, it is. Chairman Teele: No. Commissioner Winton: It is not at the discretion. City ofMiami Page 95 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Chairman Teele: Commissioner Winton is 100 percent right. Commissioner Regalado: No, no. It's the discretion of the supervisor - - Chairman Teele: Why? Commissioner Regalado: -- to use libraries. Chairman Teele: Why? Commissioner Winton: But -- Chairman Teele: Why? Commissioner Regalado: That's the way the law is. Chairman Teele: No, because it's the law. Commissioner Regalado: It's the law. Chairman Teele: And that's what he just said. The law is wrong. Commissioner Regalado: No, but he said the law is limiting to libraries. He's right. Chairman Teele: No, the law is not limited to libraries. The law is limited to libraries and offices established by the Supervisor of Elections, and this is where Commissioner Regalado is right. The law is unnecessarily restrictive, and I can't believe that the Association of Supervisor of Election supported that law; did you? Ms. Kaplan: The majority of the supervisors have early voting only in their office, so they didn't Chairman Teele: Did the state association support the law? Ms. Kaplan: They were the ones that were instrumental in getting at least City Halls and libraries included. Originally, the law was only in our offices. Chairman Teele: OK. Commissioner Winton: Wow. Chairman Teele: Now, this is the point -- Ms. Kaplan: So -- Chairman Teele: -- and this is what the - this is what to watch, and I hope that the Manager and the Mayor's staff pays attention to this, Mr. Mayor, because the one person who should be here with you is Dean Taylor, and I guarantee you, you've never sat down and talked to Dean Taylor. Commissioner Winton: Who? Chairman Teele: Dean -- Ms. Kaplan: I don't know Dean Taylor. I'm sorry. City ofMiami Page 96 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Chairman Teele: All right. Say that -- I didn't hear you. Commissioner Winton: She -- Ms. Kaplan: I don't believe I know Dean Taylor. Who is that? Chairman Teele: He is the director of the department of Metro -Dade County - Ms. Kaplan: OK. Chairman Teele: -- responsible for your offices. He is head of a department called Neighborhood Services, and Neighborhood Services -- Ms. Kaplan: OK. I probably met him. I'm sorry. Chairman Teele: Neighborhood Services is the giant department of the County that provides offices for County agencies in every neighborhood of the County, like the Allapattah Neighborhood Center or the Culmer Neighborhood Center in Overtown, or the North Dade Government Center, or the Caleb Center, or the South Dade Government Center, or the non-existent Little Haiti Neighborhood Center, which doesn't exist, and you have the right, under the County Charter, to have an office in all or any of those locations, in all or any of those locations, ma'am, and so, listen to what's happening. The law says libraries are offices established by the Supervisor of Elections, which in Taylor County is going to be in the City courthouse, and in Putnam County, it's in the City courthouse, and dah, dah, dah, dah, dah, OK, and liberty County. That's the big one, Manny, where the government said two post cards from Blountstown is a draft when you're running for governor. That was Fuller Warren, but the fact of the matter is, her discretion is much broader than she's representing to us. Commissioner Regalado: Exactly. Ms. Kaplan: No -- Chairman Teele: Her discretion is much broader than is represented to us, because she has the right, the authority to establish an office in any County facility that is set up to house County facilities, and neighborhood centers house County facilities -- County departments. Commissioner Winton: Like the Frankie Rolle Center. Chairman Teele: Like CAA (Community Action Agency) -- the CAA offices would have them; the Department of Family Children and Services, the juvenile -- the Department of Juvenile Justice. Just go to the Caleb Center right up there. If she wanted to have an office there, she'd be within her rights. Ms. Kaplan: Again, I must say, though, that the law says it has to be a full service branch office in existence for a year or longer, so -- Chairman Teele: Then we should -- Ms. Kaplan: -- as I mentioned before, we are going -- Chairman Teele: Then Johnny Winton's right, we should sue -- Ms. Kaplan: -- to be looking. City ofMiami Page 97 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Chairman Teele: -- the state law. We should sue to set aside the state law. Commissioner Winton: Both of them. You know, just expand the suit and sweep up everybody, like most lawsuits do, Commissioner Regalado, don't just pick on the one; let's go after after everybody that's involved in this injustice. Commissioner Regalado: And, you know, I really ask for a vote this morning, because it would be unfair to just wait until late July, compared to the Election Department, and sue them. It would be unfair because they need time. They do need time to prepare. That, we understand, with all these things about the electric machine and all that, so -- Johnny, but you're right, but the thing is that the Supervisor of Election does have the discretion, and mind you, last -- two years ago, we did have early voting in places that were not County facilities, and that were not Elections Department facilities. We did had it in parks. Chairman Teele: But they changed the law. Ms. Kaplan: We changed the law. The law went into effect -- Chairman Teele: They changed the - Commissioner Regalado: I understand that they changed the law - - Ms. Kaplan: July 1st. Commissioner Regalado: -- but you said that before there was only elections of facilities, and that the supervisors had -- Ms. Kaplan: In other counties. Commissioner Regalado: -- libraries and all that. We did have early voting, so -- I mean, I think -- and you know what? I think that by suing you, we're helping you to go to County Commissioners and to go to the state and say, you know, this guy -- crazy guys in Miami are suing me. I think it's important -- you know, everybody wish to participate in the Presidential Election. I think we will be doing a disservice to the people ofMiami if we do not sue you, sue the state, sue the Supreme Court, whoever we have to because it is important to -- for the people not to be disenfranchised. Chairman Teele: I didn't read the -- did you change your registration? Commissioner Regalado: Huh? Chairman Teele: You sound like -- Commissioner Regalado: I sound like -- Chairman Teele: -- an airport campaign manager now. Commissioner Regalado: No, man. Al Gore -- no man, and I'm -- Ms. Kaplan: You know -- Chairman Teele: Sue the Supreme Court. Commissioner Regalado: I'm Bush, Jr., ideological, but -- City ofMiami Page 98 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Commissioner Winton: Not as far as I can tell. Chairman Teele: Well, let's see if there's any opposition. Is Commissioner Gonzalez, we need five Commissioners for this vote. If the Sergeant -- Commissioner Regalado: He seconded it. Chairman Teele: Yeah, but we need him for the vote. Commissioner Sanchez, did you want to weigh in on this? Vice Chairman Sanchez: No, before Ms. Kaplan leaves, I'd like to ask her a question. It's OK. Chairman Teele: Well, she hadn't really gotten to what she's here for. She came here to tell us - Ms. Kaplan: Well, you know, I could leave without discussing that today. That would be fine with me. We could put it to another time. It's not a time sensitive item, by any means. Chairman Teele: Mrs. Kaplan, nothing could be further from the truth. If we are to conform with your requirement, and not wind up having to pay for it -- Ms. Kaplan: Yeah. Chairman Teele: -- OK Ms. Kaplan: OK. Commissioner Regalado: Yeah, but we have to change the Charter. Chairman Teele: That's what I'm saying. Ms. Kaplan: I understand. Chairman Teele: See -- Commissioner Regalado: And we have to do it in November. Chairman Teele: If you lose the window now -- Ms. Kaplan: OK. Yeah. Commissioner Regalado: Yeah, we have to do it. Chairman Teele: -- then we'd have to pay for it as a special election, so nothing could be further from the truth. Ms. Kaplan: You know, let me mention also, just very quickly that, you know, what you have suggested at the last meeting, I have very much -- we are working toward establishing other branch offices, but again, there will be criteria that has to be met in order to set up early voting there. Chairman Teele: And that's where Commissioner Regalado is extremely correct when he says if we file a lawsuit like this, we're really helping you, because right now, your hands are tied. Ms. Kaplan: They really are. City ofMiami Page 99 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Commissioner Winton: Agreed. Ms. Kaplan: I think you know. There are a lot of things that the state has -- Commissioner Winton: So -- Ms. Kaplan: -- been imposing on us all. Chairman Teele: And I -- Ms. Kaplan, I think we can all agree that it is not fair to people that are used to a process working one way and we all are saying we're trying to expand it and, in fact, the results is we wind up contracting the voter access and voter availability; don't you agree? Ms. Kaplan: Exactly. And, you know, there's also a question that we've posed to the state, whether, for a municipal election, early voting must be mandated for 15 days, because I think you're aware, generally, for a municipal election, early voting would be maybe four to seven days, not two weeks. Commissioner Winton: Right. Ms. Kaplan: So, again, we're reaching out to the state to try to have them give us clarity on some of these points, and there's been a lot of information changing quickly, from the state. Chairman Teele: Ms. Kaplan, I recognize that you're here -- Commissioner Gonzalez has joined us -- but I want to just say this. There is nothing that is going to happen in South Florida over the next six months that is more germane and more -- that's going to have more attention than this, and we need to all work together to get this right. Ms. Kaplan: Absolutely. Chairman Teele: One time, you know, you could become the butt of all the national jokes, and somebody says, well, they just -- it just happened, but we can't afford two of these. Ms. Kaplan: No. You're absolutely right, and we are very much committed to everything. I can provide you with a report that we provided to the County last week on where we are right now in preparations for August I Oth. Chairman Teele: We would welcome that report -- Ms. Kaplan: OK. Chairman Teele: -- and with -- Ms. Kaplan: IfI may pass it on to Ms. Thompson. Chairman Teele: If you pass it on to our Clerk, you will -- Ms. Kaplan: Absolutely. Chairman Teele: Commissioner Gonzalez. Commissioner Gonzalez: Yes. I have a question. How long does it take for your department to change the address on a voter registration card? Because I have two families that just moved to City ofMiami Page 100 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 my district about two months ago. Two months ago they contacted me. I help them fill out the card to change the address and all. It was mailed in. They haven't received the card. Next month we have an election and they're not going to be able to vote. Ms. Kaplan: OK. The cards generally take three to four weeks for processing, once it comes into our office. We do not mail the ID (Identification) cards out of our office directly. They're mailed out from a vendor, who produces the entire little ID packet. The last week of June, we mailed out almost 50, 000ID cards, so if they had registered since, I would say, the end ofMay, they should have been in that batch. We mail twice a month. As we get closer to the close of registration, the mailings will be weekly. There will be two mailings following book closing, which is August 2nd, but ifI could, if you could pass on their names and addresses, I would double check to make sure -- Commissioner Gonzalez: All right. Ms. Kaplan: -- that it has gone out. A lot of people think that we get the card and then we automatically mail out that day the ID card, and it is not from us. It is from a vendor who produces the whole packet, and as I said, it's on a bi-weekly -- bi-monthly, I should say. Commissioner Gonzalez: I'll make sure to have my Chief of Staff contact you with the names. Ms. Kaplan: Thank you. Commissioner Gonzalez: Thank you. Vice Chairman Sanchez: All right. Chairman Teele: Ms. Kaplan. Ms. Kaplan: Yes. Chairman Teele: Further discussion. Commissioner Regalado: Can I get a vote? Chairman Teele: On the motion, would you consider an amendment to allow -- Commissioner Winton, did you have an amendment that you wanted to make? Commissioner Winton: Yeah. I think you were headed there, so continue on with your train of thought. Chairman Teele: Well, I think the motion should be extended to authorize the suit against -- Vice Chairman Sanchez: State. Chairman Teele: -- as stated, and the state of Florida and the appropriate bodies, including the House, the Senate, and those necessary bodies for the lawsuit. Madam Attorney, would you like to clarify or add anything? Commissioner Winton: Could -- Maria J Chiaro (Interim City Attorney): No. We'll look into how we can impact the law and include the appropriate entities in the lawsuit. Commissioner Winton: Yes, all. City ofMiami Page 101 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Chairman Teele: All. Commissioner Winton: All that are appropriate is what you'll include in the lawsuit. Ms. Chiaro: Yes, sir. Commissioner Winton: Great. Thank you. Chairman Teele: And would you include, perhaps, an additional amendment to authorize the City Attorney to engage special counsel for the use of the lawsuit? I think it's important that our lawyer control a lawsuit, butl think we need to retain the flexibility that we don't necessarily be wanting to sue the attorney general, because on the other side of the bar is going to be the Attorney General defending, and I think we would like -- obviously, our attorney will control it, but give them the flexibility to determine if you want to do it in the CityAttorney's name or in the name of special counsel. Is that all right with you, Madam Attorney? Ms. Chiaro: Yes, sir. Chairman Teele: Would you accept that as an amendment? Commissioner Regalado: I accept all the amendments. Chairman Teele: Commissioner Gonzalez. Commissioner Gonzalez: I accept the amendment. Chairman Teele: If not, Madam Clerk, would you call the roll? Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Chairman Teele: Now, Ms. Kaplan -- Commissioner Regalado: Mr. Chairman, ifI may - Chairman Teele: Hold on. Commissioner Regalado: IfI may, I just want to say again to Ms. Kaplan that this is not personal; it's business, but Ms. Kaplan, you've been served. You are being sued by the City of Miami. Ms. Kaplan: I guess I accept this. Thank you. Commissioner Regalado: Thank you. Ms. Kaplan: I can't wait to come back. Chairman Teele: Ms. Kaplan, you did have some business that you -- Ms. Kaplan: Yes, I did. Chairman Teele: And would you just put on the record -- I think your issue was, you are asking that we change our charter or amend our charter or propose to the voters to amend our Charter City ofMiami Page 102 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 to change the runoff date from what to what? Ms. Kaplan: I believe your runoff currently is two weeks -- Ms. Thompson: One week. Ms. Kaplan: One week. Commissioner Gonzalez: One week. Ms. Kaplan: One week after an election. Chairman Teele: And it's been one week for how long? When would that provision go into effect? Ms. Thompson: Oh, I'm sorry. I don't have the exact date, but it's been -- Chairman Teele: Well, what's the approximate date? Commissioner Gonzalez: Whatever. Ms. Thompson: I would have to check. I really don't know, Commissioner. It's been over 20 years. Chairman Teele: Well, how long have you been in the City? Ms. Thompson: 25 years, so it's been at least 25 years. Chairman Teele: Well, that's a good place to start. Ms. Kaplan: OK. IfI may, the one -- there are several municipalities that do apparently have this as one week runoffs. IfI may explain the differences now in the ballot creation and election -- and I'll do it very briefly, because I know you do have other business to conduct -- when it was one week, you were probably voting on a paper ballot, which was produced in the office; there were no provisions for early voting; there was probably very limited mailing of absentee ballots; there was no electronic voting or anything of that nature involved. Now, in 2004, the office must put together two separate voting systems. It is not even one system that we're using; it's two. We must program the paper ballot, which is the optical scan, and we must program the electronic, the touch screen equipment. Ballot creation for these two separate functions -- and although there is a certain amount of data that can be merged, it is two distinct functions; takes us five to seven days just to get the ballot coding done. We have to proof for one day. We are doing all of this in three languages. For paper ballots, which are required for absentee voting, substitute ballots and provisional ballots, we have a contract that allows the printer five days to get those ballots to us. We ask to mail absentee ballots to voters, and it takes us about two days to get those in the mail, and then with the voters need time to process them and get them back to our office. During the same time, we must clear and test, which means we have to reprogram the voting equipment, we have to load a ballot on it, we must test everything on the voting equipment, which takes approximately two days. The more equipment involved, the longer the process. We have testing of equipment, and again, there's some new legislation that requires that our testing start no more than 10 days before the start of early voting, so again, the whole issue of early voting and whether or not you would be required to have that, if you wanted it for two weeks, is something we have to get cleared from the State. Equipment delivery takes a minimum of two business days, prior to the election, and then, of course, we have election day. We have been working in the office under punch cards for probably 25 years, and under the punch cards, you could make the ballot up, using a sheet of paper. If you had masts that were City ofMiami Page 103 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 already pre punch, it's things you could do yourself and it was not the set up time. Right now we are looking, as I said, a minimum of three weeks, and when we did meet with the municipal clerks, one and two of them had looked at four weeks and thought that was a better time period, and that is why we -- you know, went by the consensus of that group, which was to ask for four weeks. In the state we're given a minimum offive weeks between elections, andl do have to say, in most areas in the state that are using only optical scan, one type of equipment, they have a minimum of three weeks between elections, so again, we want to pose this to you because the process is getting more complicated for our staff. I don't want to mislead you into thinking that it is unsurmountable (sic) by any means, but certainly, it would be better for our office. I believe there are cost savings for your taxpayers, and certainly, we're not frying -- this is not any kind of push against municipalities by any means. We are trying to professionalize our services to you. We are developing a contract with you about the services for elections so that you know exactly what you can expect from us, what your obligations are and so forth. A lot of this had been done very informally in the past, and we are trying to professionalize it for all the municipalities, so essentially, that is why we were looking at the four weeks. Certainly, you know, if, in your estimations, three weeks fits better, you know, for you -- again, two weeks is just really pushing it very, very close, and again, if you want absentee voting, if you consider early voting, we do have to expand the time. Vice Chairman Sanchez: All right. Anyone -- yes, Commissioner Regalado. Commissioner Regalado: Just -- the only -- it's impossible to coordinate for you the general elections and the municipalities because the only one with elections in November are Hialeah, Miami Beach and Miami; others are March, April, October, scattered, so the big three cities to have in November site, but my question is, if -- you say that if we are going to have early voting come November of 2005, then you need more time? You mean, more time between the November date and the runoff? Ms. Kaplan: Well, that is what we have posed the question, again, to the Division of Election, who is to provide us -- Commissioner Regalado: Because I don't understand. I mean, if you do it earlier -- Ms. Kaplan: But what I'm -- Commissioner Regalado: -- it doesn't affect -- Ms. Kaplan: If you need 15 days -- if you want early voting for your runoff and if that legislation -- Commissioner Regalado: Oh, I understand. Ms. Kaplan: -- requires -- Commissioner Regalado: That you want early -- Ms. Kaplan: --15 days, then when you're having the election in only two weeks. Commissioner Regalado: I understand. Then -- Ms. Kaplan: Yeah. Commissioner Regalado: -- if we do want early voting for a runoff then the charter amendment should be four weeks, instead of three weeks. City ofMiami Page 104 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Ms. Kaplan: Certainly, and again, you know, it is the early voting. It is the more people who are getting ballots by mail, because, you know, the mail delivery is not overnight service, and again, the more communities -- you know, ideally, it would be great if there would be municipal election dates where every municipality would be on one of five dates possibly where you wouldn't be fighting Countywide issues, and I mean, you know, there's a lot of potential to try to look at alternatives, but again, yeah, the timing is what's so crucial there. Commissioner Regalado: OK. Vice Chairman Sanchez: Commissioner Gonzalez. Commissioner Gonzalez: Yeah, Mr. Chairman, for years and years and years, I have been a voter of the City ofMiami, over 40 years, and we have always, with less technology and with less resources and with less money, we have always been able to do a runoff election in one week. I know that a runoff election in one week is murder. I mean, it's almost impossible to do a runoff election in one week, butt will not consider, myself anything more than two weeks for a runoff election. I think two weeks is plenty of time to do a runoff election, and that's the only thing that - - you know, that's the only option that I will be supporting myself. Vice Chairman Sanchez: Commissioner Winton. I mean - yes. Commissioner Winton: Did you say that two weeks work if you -- we don't have early voting for - - in the runoff? Ms. Kaplan: Two weeks is really close period, if you want to get absentee ballots out. We need five days to get the paper ballots printed. Five business days. Commissioner Winton: I'm still confused. What is it that takes longer in this technological environment than it did when we had punch cards? Ms. Kaplan: OK. There are several things that take longer. Five to seven days to code the touch screen equipment and to code the paper ballot. As I said, we're coding and preparing two different voting systems, so that's a five to day process -- five to seven day process - - Commissioner Winton: Why? Ms. Kaplan: -- plus one day of proofing. Commissioner Winton: Why is the process so long? Ms. Kaplan: It is an intensive process of testing and retesting and putting the names into the system, and it takes sometimes 10 hours to merge the data. It's a process many times we do overnight, where we have peep working on it and then the merge process goes on overnight. Five days -- let's say we have our paper ballot coded in two days, and then the other three days, we're coding the electronic machines. They're done separately. They are not done simultaneously. Commissioner Winton: Well, let me ask you a different question. If the Commission voted to allow for only a two -week runoff period, what happens? Vice Chairman Sanchez: What's the purpose of it? Ms. Kaplan: Well -- Vice Chairman Sanchez: She's saying that two weeks -- City ofMiami Page 105 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Commissioner Winton: That she can't do it. Vice Chairman Sanchez: -- it's almost impossible. Commissioner Winton: Yeah. Vice Chairman Sanchez: I mean, it's tight for her -- Ms. Kaplan: I mean, we're doing it now. It's very tight, you know. Vice Chairman Sanchez: IfI may. Has anyone taken into consideration that if we move it up four weeks, let's say three weeks -- Ms. Kaplan: Three weeks. Vice Chairman Sanchez: -- we're right there into that hectic week of Thanksgiving, where people are getting ready to prepare their meal, to spend with their family -- Commissioner Winton: That's a great point. Ms. Kaplan: Yeah. Vice Chairman Sanchez: -- it's hectic. Commissioner Winton: That's nuts. Ms. Kaplan: Yeah. No, you're right. Vice Chairman Sanchez: So, what you basically do, if you do that -- Commissioner Winton: No one's going to vote. Vice Chairman Sanchez: -- I consider it a tremendous injustice to someone who, you know -- I'm sure -- Commissioner Winton: Right. Vice Chairman Sanchez: I'm sure you prepared a great meal for Thanksgiving. How long does it take you to get everything together, and have the family come over -- Ms. Kaplan: No. You're absolutely right. That's a bad time, you know -- Vice Chairman Sanchez: It's a horrible time. Ms. Kaplan: Three, four weeks, and then you're into the Christmas week. Vice Chairman Sanchez: And I'll tell you this much, there are a lot of people out there that will prefer to get a meal prepared and put an event together to see their families they may have not seen for years, than to go out and vote. Ms. Kaplan: Oh, yeah. Vice Chairman Sanchez: So, that's a big concern that I have pertaining to the gap, so I -- you know and the other concern that I have is that, you know, people are just programmed in the City ofMiami Page 106 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 City for so many years that when one week after is runoff. I mean, that's -- they're programmed in their mind to go out, and if there's a runoff one week later, they're going to go out and vote, so that could be overcome. Ms. Kaplan: Yeah. Vice Chairman Sanchez: The biggest concern that I have is getting very, very, very close to the holidays. Ms. Kaplan: Sure. Commissioner Winton: Yeah, I think you can't do that. Ms. Kaplan: And I understand that. Commissioner Winton: I think that's -- Ms. Kaplan: Yeah. Commissioner Winton: I think that's really -- Chairman Teele: Gentlemen, how are we going to handle this? I mean, we're all very frustrated. Ms. Kaplan: I know. Chairman Teele: This is extremely -- I mean, it's very frustrating, but we're moving forward -- Commissioner Winton: I think we ought to have a motion. Vice Chairman Sanchez: Mr. Chairman, let me just ask a simple question. Have you talked to the other municipalities that are involved, such as Miami Beach and Hialeah? Ms. Kaplan: Well, we've been -- every municipality got a letter, like Miami did and -- Vice Chairman Sanchez: What has been their feedback? Ms. Kaplan: Some of them had already changed to two weeks; others were looking at three weeks, and then I have some that are doing four weeks, so again, this is a process where we're trying to address, as best we can, everyone's need, and certainly we have been doing elections in two weeks, and we did them in November. Chairman Teele: But, Joe, there's only one Miami. We're the largest City in the state. When Dade County and Miami really got together, Miami was probably 60, 70 percent of the whole County, and it would just seem to me that the Elections Department would recognize the history and -- I mean, they would have come up with 100 different solutions other than just change your date. Now, Ms. Kaplan -- Vice Chairman Sanchez: Were you here for the argument I made? Where three weeks put you right in that gap where Thanksgiving, where people -- it's a hectic time -- preparing for the holiday meals. Then four weeks puts you to December. Ms. Kaplan: Yeah. City ofMiami Page 107 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Vice Chairman Sanchez: And that's -- Ms. Kaplan: So we're back to two weeks. Vice Chairman Sanchez: People are -- you know, Thanksgiving is over, and getting ready for Christmas. Chairman Teele: And this is the point, though -- and Ms. Kaplan said -- you to this, Ms. Kaplan, because you really need to consider not just the municipalities, because you are a constitutional officer. Ms. Kaplan: Right. and I'm going to hold County, but the Chairman Teele: Your position is in the Constitution of this state, and you're here to protect us as much as anyone else. You opened the statement by saying -- you really didn't have to talk about this. We can talk about it later, but the fact is, we have between July the 5th and September the 3rd -- Vice Chairman Sanchez: To get this on the ballot. Chairman Teele: We're not going to be here in September. We're going to be out in August, so we've got today or the next Commission meeting, at all, to think this through, to debate it, to draft it, and to put it on the ballot -- Commissioner Winton: Ballot. Chairman Teele: -- or we're going to wind up having to pay for a special election, because if we do it -- yes, ma'am. Ms. Kaplan: Oh, I see. Chairman Teele: Yes, ma'am. Ms. Kaplan: Per your charter. Chairman Teele: If we do it after November, the only way to comply with our elections cycle is we've got to call a special election for that, and we look like clowns, and so all that I'm saying, Ms. Kaplan -- Ms. Kaplan: Sure. Chairman Teele: -- is don't just worry about the County; worry about all of the municipalities, as well. Ms. Kaplan: Absolutely, Commissioner, and -- Chairman Teele: And I want to support whatever a majority of this Commission wants to support, especially whatever the Mayor wants to support on the runoff date because this has always been the tradition. It's a one -week runoff. Ms. Kaplan: Well, how did we do two weeks in '03? You did two weeks. Well, you didn't have a runoff. You didn't have a runoff in '03, OK. Chairman Teele: Ma'am, let me just tell you this. • people are shopping City ofMiami Page 108 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Ms. Kaplan: OK. Chairman Teele: Ever since anybody who's alive around this place now can remember, the election has been one week apart. That's a part of the unique myth and lure of Miami. Ms. Kaplan: OK. Chairman Teele: And that is that there is a -- Commissioner Winton: Maybe insanity. Chairman Teele: Huh? Commissioner Winton: Maybe insanity. Chairman Teele: Maybe the insanity. Vice Chairman Sanchez: Let me just add -- Chairman Teele: And let me tell you this, the ritual of coming to watch the losing Mayor have to depart the office before midnight, before noon the next day is also a part of that history and that insanity. Ms. Kaplan: You know - - Vice Chairman Sanchez: Mr. Chairman, let me just ask a question here. What happens if we do put it out and the voters vote it down? Ms. Kaplan: Yeah. Well, I would prefer that we come to a compromise. You know, the one week, as I said, is next to impossible. I mean, it is impossible. Two weeks, and that is what we did in November of '03, with the other -- I think there were three of the five runoffs. Vice Chairman Sanchez: And then three weeks becomes an inconvenience, and four weeks becomes even more of an inconvenience. Ms. Kaplan: Right. So, I mean, you know, if it's going to be two weeks and if we can now come to that compromise, Igo back to the office and we see how we can accommodate everyone, and we go back to looking at two weeks for everyone, you know. Commissioner Winton: I -- Commissioner Gonzalez: Mr. Chairman, do we need to make a motion on this? Ms. Kaplan: I mean, if that's more acceptable? I know Commissioner Gonzalez -- Commissioner Gonzalez: Mr. Chairman, I'm ready to move that we propose two weeks for runoff elections. Commissioner Winton: For our charter amendment. I'll second that motion. I've discussed it enough. Commissioner Regalado: But you have to understand that if we do that, which is fine by me, there's not going to be early voting in the runoff. Commissioner Winton: That's correct. City ofMiami Page 109 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Commissioner Regalado: Right? Commissioner Winton: Well, there hasn't been anyway. Chairman Teele: There hasn't been anyway. Commissioner Gonzalez: There hasn't been anyway. Commissioner Winton: And I don't think we have to have early voting in the runoff. Commissioner Regalado: No. I mean, you know - Chairman Teele: I would accept the motion and the second with the caveat that we will place this item on the agenda at the next meeting for a discussion. Commissioner Winton: Yes, agreed. Chairman Teele: -- and the language and all of that, just so that -- Commissioner Winton: Agreed. Great idea. Chairman Teele: -- this is not the final action. Commissioner Winton: Perfect. Commissioner Gonzalez: I accept the amendment. Ms. Kaplan: Yeah. Chairman Teele: And I think we need to -- we really need to get the Mayor's input - - Ms. Kaplan: Sure. Chairman Teele: -- on this because it does affect the office of the Mayor. Commissioner Winton: You bet. Chairman Teele: OK. Commissioner Gonzalez: OK. Ms. Kaplan: OK. And, again, we'll go back and look at it and certainly, I understand exactly what you're saying. Chairman Teele: On the motion. Commissioner Regalado, discussion. Commissioner Regalado: No. Chairman Teele: Commissioner Winton? Commissioner Winton: No. Chairman Teele: Further discussion. We're all ready. Madam Clerk. All those in favor, say "aye." City ofMiami Page 110 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. Commissioner Regalado: Before -- Commissioner Winton: Now -- Commissioner Regalado: Before you go -- Chairman Teele: You said, no. Commissioner Regalado: No, I -- Commissioner Winton: No, I said "yes," but I want to go to -- Chairman Teele: Commissioner Winton, Commissioner Regalado. Commissioner Winton: I have to say, I -- Commissioner Regalado, I understand the message you are frying to deliver, butt was greatly bothered by the fact that -- I don't know what you served Ms. Kaplan just now or a little while ago. You said, you're now officially sued. I didn't see that document. I don't know what it is, and I understand what -- Commissioner Regalado: It's here. I gave it to you. Ms. Kaplan: It's your resolution. Commissioner Winton: Oh, that's just a resolution. Chairman Teele: He's saving $0.32 cents. Commissioner Winton: Oh, OK, so we didn't serve her -- Ms. Kaplan: Well, it's not a summons. Commissioner Winton: -- a lawsuit. I mean, it's not a summons. It's nothing. You just gave her a -- Ms. Kaplan: It's not a summons, yet. Commissioner Winton: -- copy of the resolution? Fine. Ms. Kaplan: And the police is gone. They're not going to keep me from leaving, are they? Oh, OK. Just checking. Commissioner Regalado: It's the image thing. Commissioner Winton: Oh, OK Chairman Teele: No. If we had -- Commissioner Regalado: Image. Chairman Teele: If he had gone out and served her, there would have been a Metro -Dade SWAT City ofMiami Page 111 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 (Special Weapons And Tactics) team taking the City Hall by storm here by now. Commissioner Winton: That's -- I just wanted to make sure that isn't what happened, so -- Ms. Kaplan: No. It's the resolution I'll be taking back, passing it on to the attorneys, the County attorneys. Commissioner Winton: Thank you. Commissioner Regalado: It's all about symbols -- Commissioner Winton: Yeah. Commissioner Regalado: -- but -- Commissioner Winton: Well, I was equally concerned about that symbolism. I don't -- I'm not anxious to see people that come before our body being served, particularly other governmental entities, they get to come before us and they get served something, I -- that's bad symbolism, as far as I'm concerned. Commissioner Regalado: No, because, remember, I told her this is business, not personal. We like you, but -- Ms. Kaplan: I did see someone taking a picture. Commissioner Regalado: -- we have to do it. Ms. Kaplan: Let's see what the headlines say. Commissioner Winton: Well, at least we're now clear that he handed you a copy of the resolution that we passed. Ms. Kaplan: It says City ofMiami legislation resolution. Commissioner Winton: Thank you. Ms. Kaplan: Exactly what I was handed. Commissioner Regalado: Thank you. Ms. Kaplan: Thank you. Thank you very much. Chairman Teele: Madam -- Ms. Kaplan -- Ms. Kaplan: Yes. I'm sorry. Chairman Teele: -- before you leave, Mr. Vice Chairman, would you -- Vice Chairman Sanchez: Yes, sir, you're recognized. Chairman Teele: -- take the gavel? I would move that the City Manager be instructed to make available space at the Miami City Hall or any other location within the City ofMiami, with all costs to be bore by the City ofMiami, adequate to meet the requirements of the state law, to provide an alternate office for the Supervisor of Elections. City ofMiami Page 112 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Commissioner Regalado: Second. Vice Chairman Sanchez: All right. There's a motion and a second. It's open for discussion. Hearing -- Chairman Teele: With us paying all of the office costs, not the staff now, but all of the office costs of the election. I think, again, I agree totally with the lawsuit. I think we need to challenge this lawsuit, but I think this lawsuit is so burdensome that I think, even though the Constitution does not imply that cities should be carrying the costs of elections, that we have to be willing to step up and help pay the costs of what is a state and a constitutional agency, because we cannot deny our citizens access, and it clearly is not accessible -- the requirements of the state law particularly as it relates to the fact that to have an office, it is not available in the year 2004 for the November election -- because it must have been already for one year. This provision would give us -- give you the flexibility for our mayoral elections, which is coming up a year from now, all right. Ms. Kaplan: I appreciate that, that absolutely would, and again, it is something that we need to do. We need to expand our services. Chairman Teele: But in no way does this law help the citizens of Broward County or Palm Beach County or other counties that have large minority populations that don't have access to the ballot under this law. Thank you, Mr. Chairman. Vice Chairman Sanchez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. Good to see you. Ms. Kaplan: Thank you all. Vice Chairman Sanchez: Have a good one. Have a good weekend. Commissioner Gonzalez: All right. (DI.8) 04-00804 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY TO SEEK INJUNCTIVE RELIEF, OR ANY OTHER ACTIONS IN LAW OR IN EQUITY AGAINST THE MIAMI-DADE COUNTY DIVISION OF ELECTIONS, THE STATE OF FLORIDA, THE FLORIDA LEGISLATURE AND ALL NECESSARY BODIES, TO ENSURE THAT EARLY VOTING SITES ARE MADE AVAILABLE TO ALL ELECTORS IN THE CITY OF MIAMI REGARDLESS OF RACE, ETHNICITY OR GEOGRAPHIC LOCATION; FURTHER AUTHORIZING THE CITY ATTORNEY TO ENGAGE SPECIAL COUNSEL FOR SAID LAWSUIT. Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0443 [Note: The minutes related to R-04-0443 are directly underneath Item DI.8] City ofMiami Page 113 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 10:30 A.M. DI.9 04-00732 DISCUSSION ITEM PRESENTATION BY THE CITY'S CONSULTANTS, HDR ENGINEERING, INC. CONCERNING THE STATUS OF THE MIAMI STREETCAR FEASIBILITY STUDY INCLUDING AN OVERVIEW OF THE STREETCAR TECHNOLOGY, PROPOSED CONCEPT ROUTE FROM DOWNTOWN MIAMI TO LITTLE HAITI WITH STATION LOCATIONS AND PRELIMINARY CAPITAL AND OPERATING COSTS. 04-00732-cover memo.pdf 04-00732-project update.pdf City Commission slides.ppt Construction.mpg gdiplus.dll intldate.dll LightRaill .mpg mosiac.mpg play. bat playlist.txt pptview.exe ppvwintl.dll pvreadme.htm saext.dll StreetCarl-18sec. mpg unicows.dll Streetcar8.mpg DISCUSSED See related notations under Item DI.10. DI.10 04-00733 DISCUSSION ITEM PRESENTATION BY THE MIAMI-DADE COUNTY METROPOLITAN PLANNING ORGANIZATION AND THEIR TEAM OF CONSULTANTS LED BY PARSONS BRINCKERHOFF QUADE & DOUGLAS, INC. ON THE STATUS OF THE BAY LINK, MIAMI-MIAMI BEACH TRANSPORTATION CORRIDOR STUDY. 04-00733-cover memo.pdf 04-00733-FAQ.pdf COM Commission_7-8-04_ver4.ppt This matter was DISCUSSED. PASSED. Direction to the Administration by Chairman Teele to provide him with a copy of today's presentation on the Miami Streetcar Feasibility Study by this afternoon. Direction to the City Manager by Chairman Teele to take a picture of the road on NW 20th Street, looking south to NW 2nd Avenue, particularly focusing on the utility lines. Direction to the City Manager by Commissioner Winton to contact the Downtown Development Authority (DDA) and the Community Redevelopment Agency (CRA) to encourage their participation on this proposal. City ofMiami Page 114 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Chairman Teele: Are there any other items that anybody wants to move right now? We had lawyers here on the bus bench matter, and we also have Baylink. I think we should get right into the feasibility issue before Commissioner Regalado has to go, and Baylink before he has to go. Chairman Teele: Why is it nobody wants to come forward on the streetcar? Mary Conway: Mary Conway, Transportation. I'd like to introduce Charlie Hales with HDR, the consulting firm who's working on behalf of the City on the feasibility study stage, and he's going do make a brief presentation, and then following that, we also have Miami -Dade County and their consultant, Parson Brinckerhoff, here to make a presentation regarding Baylink. Charles Hales: Thank you, Mr. Chairman, members of the Commission. Charles Hales with HDR Engineering, under Mary Conway and Lillian Medina's direction. I've been leading their consulting team that's been working on this study for the City, and as she said, I have a brief presentation that gives you an update on where we are in the study process so far. As you know, streetcars are not a new idea in the City ofMiami. They were an important part of the transportation system here in the past, and our study is examining whether that need for high -quality local fransit circulation that sfreetcars met in the past is something that needs to be addressed today and how. Why look at sfreetcars in particular in Miami at this time? There's several goals and issues that we're attempting to address in this study. There's a need for connectivity between the redeveloping areas in the City and the downtown, a need for greater connectivity between neighborhoods, a need to help shape and stimulate economic development in a form that is more oriented to fransit than walking and less oriented towards the automobile, and to enable urban residents to get around in what is becoming a much denser, more cosmopolitan City in ways other than using their car for short trips. Some people are -- this -- by the way, Miami is a city that's farthest from operating light rail than any other city in the country, a distinction that we hope that the City will lose, and there's a question about what is light rail versus sfreetcars? Light rail tends to be larger vehicles that operate in a separate right-of-way; whereas streetcars operate in the public right-of-way with traffic. They're easier and less expensive to install, and they're at a scale that works better in city neighborhoods in many cases than the large light rail vehicles do. This is a shot of the Portland streetcar, which is really the prototype for what we're looking at here. These vehicles are really designed for circulation, for people to be able to easily move a short distance within the City. It isn't necessarily the long commute frip. As I mentioned, they're also designed to be constrictive in a relatively swift manner within the City's right-of-way. For example, you can see in this short from Portland, that they're able to keep the street open and construct the track way while traffic continued to move around it, which is not typically the case with a major public works project or a major transit project, so again, this is an appropriate technology smaller scale version of the transit idea that Miami's used other technologies for beforehand. Some of the key tasks that we're now working on or accomplishing within the study is that we're -- we'd been examining possible routes, looking at the physical feasibility of those routes, estimating ridership, estimating the costs and benefits of a potential project, detailing the possible route and station locations; we're developing a financial proposal for how the project can be funded for both capital and operations, and an implementation plan for how this project would be operated over the long run. Some of the major drivers for us in how this project is shaping up. First, the Baylink project -- and as Mary Conway mentioned, you'll hear a report this morning on the locally preferred alternative for Baylink and where that stands -- is really -- the hub is really is the starting point for fransit expansion within downtown Miami, so we really take off from that Baylink loop. We're also looking at connectivity with the connections to the existing Mefrorail and Metromover systems, and from that hub, again, there are opportunities for corridors in many directions, but the north alignment with the redevelopment opportunity there and the problems of crossing the river to the south means that north is the most feasible direction to go for an initial phase of this technology within your City. Again, there are many possibilities taking off from the Baylink loop, but we believe that going to the north from the downtown loop is the best place to start. There's also a key connection here. We've designed this project in City ofMiami Page 115 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 concert with the Baylink team that you'll hear from this morning to share track and stations in the downtown core. They use the same technology. They will provide residents ofMiami and visitors here multiple opportunities for transit once the two projects are both operating, so I recommended initial alignment takes off from the north in the Buena Vista neighborhood, and the Design District south along the 2ndAvenue Corridor, and we examined multiple corridors in this process, but we believe that the 2ndAvenue Corridor is really the spine of this system. Access is the downtown core gets as far south -- as Southwest 1st Street and then returns back up mostly in the 2ndAvenue Corridor, serving, of course, a variety offacilities and attractions, and redevelopment activities within that core, the Design District, the Midtown Miami Project, the new Performing Arts Center, and then all the facilities and attractions in the downtown core. The connectivity, as I mentioned, is a key issue. This project will link up with the existing Metromover, Metrorail and future Baylink system in order to provide, again, the opportunity for people to take lots of daily trips on transit, not just the commute trip. We, as I said, are estimating costs and developing specifications for the project. We're also, as I mentioned, looking at possible funding sources, particularly local ones. Our emphasis in this project is on a scenario which allows you to fund and build this project locally and not get into the gauntlet of federal funding, because getting this done soon, getting this done as inexpensively as possible are priorities, and frankly, if you get into the federal process, the costs go up and the timetable goes way out. We're also looking at potential state revenue sources to help support the construction and operation, but particularly the construction of the project. We are looking at federal funds, but again, as I mentioned, the entanglements and timetable involved in federal funding give us a real incentive to fry to make this work on a public/private partnership, or a local basis rather than getting into the federal system. We are continuing to meet with a wide variety of stateholders, both agencies and community, as well as entities like the Florida East Coast Railroad that we'll have to work with in engineering design of the project. We think that this project is a great opportunity for the City ofMiami. You are becoming a world class city in terms of redevelopment of your downtown. You're going to have 10, 000 people living in the downtown in the next few years, in addition to the ones that live there now. Many more along this alignment. How are those folks going to move around? Are they going to drive? Are they going to have access to convenient transit? How are the people that go to the Performing Arts Center or want to shop in this district going to be able to access this area? We think that a streetcar project connected to the Baylink project that you, again, will be hearing briefing on this morning, as well, is both a development and economic and an attractiveness opportunity for the City ofMiami, as well as supporting the pattern of development and making it sustainable that you're seeing now take off in the downtown core, so our progress is going to continue through September, when we deliver our report to this City. We're here again to give you an update today and to give you a view of the project as it's shaping up and to answer your questions here or in individual briefings with you later. Thank you, Mary. Thank you, Mr. Chairman. Ms. Conway: Are there any questions that we can field? Chairman Teele: Did you have some handouts? Mr. Hales: Yes, we did, sir. I'm sorry. Are they already there in your packets? Chairman Teele: This is SI (Supplemental Item) what? I mean, this is -- Unidentified Speaker: DI.9. Mr. Hales: We have additional copies here so we'll provide those now. Commissioner Regalado: I have -- Mr. Chairman, I have a question. Chairman Teele: Do we have a copy of the video? City ofMiami Page 116 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Mr. Hales: We'll make that available by CD (compact disc), sir. Chairman Teele: Can you give me one this afternoon, Mary? Ms. Conway: Certainly. Chairman Teele: I really want to fry to understand this? I would like just to say for the record, I'm very grateful for the consultant -- you're from Seattle, right? Mr. Hales: Portland, sir, yes. Chairman Teele: Portland? Mr. Hales: Um-hmm. Chairman Teele: That's close enough when you're this far south, but, no. In seriousness, I wanted to thank you for coming by and briefing me, I guess, about three months ago. Mr. Hales: Yes. Chairman Teele: And as I indicated to you, that I think the history ofMiami lends itself to this type of project. To me, it's a question of timing, and -- Commissioner Regalado. Commissioner Regalado: I think that about three or four days ago Governor Jeb Bush made a statement regarding the Bullet Train, and he said that he, along with the Chief Financial Officer of the State of Florida is frying to gather signatures to place on the ballot a constitutional amendment to eliminate what the people voted for in the Bullet Train, who -- maybe you don't -- are not familiar with. Mr. Hales: No, I -- Commissioner Regalado: But it will go from Miami to Orlando; Orlando, Tampa, and he said that neither the state or the federal government had funds; that there wasn't a will in the federal government to fund a project of this magnitude. The State of Florida, if the voters do not void what they did in 2002, will have to contribute $80, 000, 000 a year for the Bullet Train, and the Governor said that will impact the budget and will eliminate all the sources for transportation in the State of Florida, so we are -- you are aware of that scenario, right? Mr. Hales: Yes, and Mr. Chairman, Commissioner, our intent with this project is to provide the City with an opportunity that is in a much smaller and more affordable scale, and that frankly doesn't require the participation of the federal government, and I won't weigh in on the politics of the high-speed rail, butt will say that, from my perspective, looking at this nationally, the fast-growing cities of the American sunbelt are the only place in the country that, up until recently, have gotten by without this kind of transit, and yet, have been growing so fast, and of all those fast growing cities -- Charlotte, Atlanta, Miami, Houston, Dallas -- Miami is the last to approach this question, so whether the state is with you or on the sidelines in this venture, I think it's a appropriate that the City ofMiami look at that fraternity of cities that have decided that they cannot continue to grow without this kind of transit. Whether your state can continue to grow without inner city transit is a separate question. Ms. Conway: And, Commissioner, ifI might add, regarding part of the financing package for the project, the half -penny sales tax that we receive annually, we're mandated, through legislation, to spend 20 percent -- a minimum of 20 percent on transit and this project actually would represent the City's significant transit project just for a note. City ofMiami Page 117 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Commissioner Regalado: What is transit? Ms. Conway: Transit could be considered buses, it could be considered streetcar projects like this, bike paths, pedestrian facilities. I mean, there are multiple things that could be considered transit. Commissioner Regalado: No streets, and curbs, and sidewalks? Ms. Conway: No. That would fall under the remaining 80 percent, but not under the 20 percent that's mandated for transit -type facilities. Chairman Teele: Madam Director, but think, in fairness, it also is -- can be considered what is the greatest problem that the poor communities have, which is the Jitney buses and the transportation services that the community based organizations need to provide. I mean, this Commission, during the CDBG (Community Development Block Grant) -- and Commissioner Winton is more affected than anyone -- spends tortuous hours trying to figure out how to move people around. I think the last big fight we had was over the money for the buses for -- what was that organization? Commissioner Regalado: Accion. Chairman Teele: Accion. I mean, you know -- and we up wound up all -- I took money from my office budget to give to Accion, which doesn't even serve my -- Commissioner Regalado: The Jitneys in Liberty City have been reduced. Chairman Teele: Yeah, but so all that I'm saying is, it's not -- it's a little bit more than what you explained it to be. It includes buses and Jitneys and that's what most cities around the nation use it for. It's the section -- Ms. Conway: You're correct. As long as they're fixed routes on fixed schedules and open to the public, those are also eligible. Chairman Teele: I'm not sure that definition applies. You need to read the rural and handicap provision of the FTA (Federal Transit Administration) Act. There's a special provision that applies in this case, but that's another story. Commissioner Regalado: You guys are dealing here with an expert on transportation. Chairman Teele: No, I'm not an expert. Ms. Conway: We know. Commissioner Winton: Mr. Chairman -- Chairman Teele: I'm from out of -- I'm from town, so you can't -- to be an expert, the first thing is, you've got to be from out of town. Commissioner Winton: Mr. Chairman. Chairman Teele: Commissioner Regalado, Commissioner Winton. Would you yield, please, to Commissioner Winton? Commissioner Regalado: Oh, sure. City ofMiami Page 118 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Commissioner Winton: No. Go ahead. Commissioner Regalado: No. I finished. Commissioner Winton: Commissioner Teele, you said the only issue with this was timing. I guess mine is, too. I think the timing is yesterday and not tomorrow. This City is exploding in high density development, and the faster we can get a model transit program off the ground and operating, I think the faster we can begin to expand a system that's going to go into -- and I envision this system linking all the neighborhoods in the City ofMiami and being the crucial component that will allow the City ofMiami to continue to grow, unlike it's ever grown ever in the past, and we will not grow if we continue to rely strictly on things with rubber tires that roam around the City. I think there's room for rubber tires. I think that's going to be an important component, but here's kind of how I visualize a system working, and the reason that it's important to get started is we end up with a model, and I think the model we're going to end up with is going to be -- prove to be very popular. That model should allow, as it's rolling out, allow us to begin to focus real energies on getting other monies, particularly federal monies to do the expansions, and what we end up with, I hope, down the road is a sfreetcar system that goes into -- and we figure out the routes - but that goes into East Little Havana, West Little Havana; it goes into Allapattah, where you've got that heavy business district; it goes into Liberty City; it goes up the northeast corridor; it reaches into every single neighborhood that we have on some path. That system, I would envision, being enhanced by something that you might call it a Jitney; I'm going to call it something else. My recommendation is that we figure out the most efficient kind of rubber tired vehicle that -- whose design characteristics match up exactly with the design characteristics of the transit line, transit system, and that goes into neighborhoods much like our school buses did, picking us kids up in the neighborhoods and delivering this to the transit thing. That way, we have in the City ofMiami an integrated true transit system that does match up with the existing County funded bus system, the existing County sometimes funded circulator bus systems, and any of the other County systems, and the City ofMiami could end up in relatively short time with the best transit program in all of Florida, and maybe one of the better transit programs in -- for a municipal area, in the entire United States, and it's -- and this will be affordable, which leads me to the next piece of my point. What's the cost per mile of building this system? Mr. Hales: Approximately $25, 000, 000 a mile. Commissioner Winton: What's the cost ofMetrorail? Mr. Hales: A hundred. Ms. Conway: Good bit over a hundred million a mile. Commissioner Winton: What's the point to this? We all voted for a half -penny sales tax, Countywide, included in that were a number of projects that were part of our City adopted Downtown Master Transportation Plan in this City, this proposal was a part of our officially adopted transit program, Downtown Master Transportation Plan. I was in Dallas this weekend, and was out in Plano, one of the four suburbs out in the middle of la la land that has just exploded. We wanted to go to the Dallas aquarium, which was downtown. We got on their transit system, which is not elevated rail; it's a streetcar system, electric sfreetcar system that goes from way, way, way out in Plano into -- right into the heart of downtown, and it has multiple loops on that system. It isn't elevated. It's at grade. It shares streets. Sometimes it is elevated, going over something like a railroad tractor, a canal, or a special highway or those kinds of things where it does go elevated. It goes into a tunnel in some piece right under downtown, but the system in midday was full. People were riding that system, and I'm sure they're riding it because it's safe, it's dependable, it looks good, it feels good and it takes people City ofMiami Page 119 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 where they want to go, and it's affordable. Miami -Dade County is -- and somebody chose this system a long time ago. It wasn't anybody at the County today. It wasn't anybody here today -- chose Metrorail as our primary, which is an elevated expensive system that, frankly, I don't know where anybody gets the money to expand, and what I hope that we do, as a City Commission, one, set the example by introducing a product type that can be the prototype for really going into neighborhoods and providing real transit, and the second is working to convince the County to take the dollars that the voters have voted on for half -penny sales tax and literally creating a new system that's much more trolley streetcar oriented than elevated rail, so that countywide -- because this is an important issue for us in the City -- Countywide will end up with a real transit system that gets built in our lifetime, and if we're going to continue to expand a system like Metrorail -- and this can integrate with Metrorail. It can connect to Meforail. It isn't as though you have to abandon Metrorail, but the fact of the matter is, Meforail isn't a system. It's a one line, and we can create four times, at minimum, the mileage for transit for people who need it by converting to this system than you can by sticking with Metrorail, so that's an aside that I want to talk about later, but as it relates to the City ofMiami, my push here is to get this system up and running as soon as we can possibly get it up and running, not later. The public is moving into buildings now. The buildings are being right now. The tax revenue is coming now, and this whole system can die dead in its tracks if we end up with absolute gridlock in this City because nobody can move around, and that gridlock isn't going to start in our outlying neighborhoods. It's going to start in downtown, in Brickell, in that FEC (Florida East Coast) Corridor where you have high density development that's already being undertaken, and so if we want to kill the goose that laid the golden egg, let's not do anything more about transit. I'm saying, don't kill the goose. Let's feed the goose. Let's set this model up. We can set the model up fast, and let's be planning to create the veins of this thing that start in a cenfral location and go into all of our neighborhoods, because I can really see the connectivity -- it -- maybe it isn't 20th Street. Maybe it's 19th. I don't know what the right street is, but reaching into that business district ofAlla -- through the medical complex in Allapattah and connecting all of these neighborhoods to that cenfral location, so my push is going to be -- and I don't know, Mary, what the next step is. This is informational only. Is there an action item tied to this? Ms. Conway: No. This is informational only. We'll be coming back -- Charlie had mentioned September as our target date to have finished the feasibility study, an important part of which is the financial feasibility. We're working on that now internal to this group, and we'll be presenting to City staff to discuss that in more detail over the coming weeks, and then we'll probably be coming back before the Commission when we've completed the study and we have something to request action on. Commissioner Winton: Great. Thank you. Mr. Hales: Thank you. Chairman Teele: We have only three Commissioners here. Commissioner, you asked me -- I don't want to -- I want you to know what I've said to the staff. I'm sure they've told you. Commissioner Winton: No, I have not heard. Chairman Teele: No, I've said repeatedly to Mary, to the Manager, and even to the consultant that I strongly embrace and support the concept and the idea. I support it not only because of what you're describing of the growth and the fact that it will be needed, and it will only make for a better development and smarter development in the years ahead if we support it -- if we build it, and having said that, I have said there are two basic caveats in this, as far as I'm concerned. Number one, we need to be very, very concerned and cautious about how we implement a transit system as a municipal body, notwithstanding everything that the consultant said, because I dare say the consultant has never read the Miami -Dade County Charter, and the Miami -Dade County Charter is a very specific document in which it has a two tier system of government. The two City ofMiami Page 120 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 tiers are the Countywide system and the municipal system. In the Countywide system of government, the County is responsible for transportation and transportation systems. Before this, the City ofMiami had its own taxi cabs. Every city had their own taxi cabs. When this Charter was written, all the taxi cabs -- I'm talking you from the bottom all the way up -- were pooled in; one guy made -- one guy, late, great Ziggy Gilbert, Metro taxi, he made about 20, 000, 000, $30, 000, 000 because he had some old beat up taxi cabs up at Sunny Isles that permits weren't worth $500 each, but when they all got pooled in, the airport, and so those permits went as an example, for 10 or $12, 000. Those same permits today are selling for 35, $40, 000, you know. Now -- but what the County did is, the County accepted the responsibility and took the funding for transportation. All transportation provided in Dade County, whether it is water, seaport, airport -- and this is how the City ofMiami lost its seaport. Commissioner Winton: And airport. Chairman Teele: And airport, which was once ours. Commissioner Winton: And water and sewer. Chairman Teele: And water and sewer, but this -- we're not there yet. We're talking about transportation, and the County accepted the responsibility and the funding for that. The County also accepted the funding, Johnny, for health facilities. That's the Jackson Hospital scenario, and the Constitution, on the other hand, gave to the School Board the responsibility for education. If any of my colleagues proposed that we take over a school, I'll probably support it, but the fact of the matter is, the funding for education, the taxpayers pay for it. I'm not prepared to go back to the taxpayers in Liberty City, in Model Cities, in Little Haiti, in Little River and ask them to tax themselves twice to pay for municipal government and to pay for a County government function that they're already paying for. Now, in the case of the school, at least with the school, if we take over a school, under the state law, we're going to get 95, 92 percent of the tax dollars that are generated back to this government, OK. Commissioner Winton: I understand exactly -- Joe Arriola (City Manager): We can get up to 99 percent. Commissioner Winton: -- where you are. I'm -- and so -- Chairman Teele: But, Johnny, this -- you asked a very important question, but I'm going to just break the code real quick. It's two questions to be asked. Number one, how much is the operating loss of this system going to be? Commissioner Winton: And who's going to pay? Chairman Teele: Because the question department say what is the operating budget going to be, or can it break even, or can we make money? There's not a transit system -- Commissioner Winton: Anywhere. Chairman Teele: -- fixed rail guide way system in America -- Commissioner Winton: That makes money. Chairman Teele: -- including the most efficient one, which is PATCO (Port Authority Transit Corporation), the Lyndon Wall Line, which recovers 86 percent from the fair box. Now, the recent system that was deployed out in Portland, I don't know those numbers, but Section 15 of the FTA Act will tell you exactly what they recover and what percentage is recovered, but City ofMiami Page 121 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Johnny, it is an absolute, mathematical, statistical certainty that there is no fixed rail transit system in America -- Commissioner Winton: That makes money. Chairman Teele: -- that breaks even. Commissioner Winton: Great. Agree. Chairman Teele: OK. So when you start talking about this, we are talking about how much money are we going to pay each month, each year from general City government to pay and pick up a County function? Commissioner Winton: Which we should not do. Chairman Teele: Which, on the surface, we should not do, and I have said this to Mary. I've said this to Mary not less than 10 times, everything I'm saying to you. Commissioner Winton: But she couldn't say that, so I never heard this. Chairman Teele: And there's a second issue. The second issue is the more important issue to me. I can support the deficit. I could support the deficit if it's the right thing to do in terms of encouraging the right kind of development, but the problem that got is, I can't get this Manager and this director, as much as I respect them personally and professionally both, to make my disfrict a priority in doing what needs to be done in my disfrict as it relates to roads and sidewalks, because the voters, who gave us this $255, 000, 000 taxes for their roads to look like your roads, Johnny, and having said that, let me be quick to say that you are the only reason that I'm willing to support this thing because your disfrict constitutes 50 percent of the ad -valorem tax base of the City or 40 -- Commissioner Winton: 59. Chairman Teele: 59 percent. Let me make this clear to the public. The other four Commissioners' tax base, ad -valorem tax base, property taxes almost equals what yours does. Now, there's a reason for that. Your predecessor drew the disfrict boundary, not only along the railroad track to divide the colored in the '50s or the '20s from the white, which is the way they divided the City up, he also took all of the waterfront land, so if you're up in the Upper Eastside at 79th Street or -- how far does your disfrict go up there? Commissioner Winton: 87th. Chairman Teele: 82nd? Commissioner Winton: 87th. Further -- Chairman Teele: All the way down through Morningside, all the way through the Upper Eastside, Omni, downtown Commissioner Winton: So that -- to Coral Gables. Chairman Teele: -- to Coconut Grove. Everything that's waterfront. The only little waterfront was left was what Angel and Joe, and I have on the Miami River, and now they want to take that away from us, but that's another story. They don't want us to have what you got, which is -- Commissioner Gonzalez: (INAUDIBLE) City ofMiami Page 122 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Chairman Teele: -- they don't want us to have intensive development. They don't want us to have the kind of quality of life that your disfrict have. Your disfrict is the envy of this whole City, Johnny, and -- but more importantly, it generates the dollars, and if you're saying it ought to do this, then I think we ought to all listen and try to work with you, but you've got to understand this, Johnny. I have asked this director to do some basic things that are Third World conditions right now in my disfrict. Second Avenue. Everybody wants to help Overtown. Everybody talks about Overtown. I'm not going to talk about the utility lines that are coming through Overtown right now, that look like something that would have been done in the '40s or the '50s in the colored community. I mean, Overtown is still treated like a bastard child, right now. Go look at 20th Street and 2nd Avenue. In fact, Mr. Manager, I would respectfully request for you all to have one of the NET (Neighborhood Enhancement Team) people or somebody to go out and just take a picture on 20th Street, looking south on 2ndAvenue, and look at the road right there, and let's look at it at 3 o'clock. Commissioner Winton: Go look at 2nd Avenue downtown. Chairman Teele: Northeast or Northwest? Ms. Conway: Northeast. Commissioner Winton: Northwest and Northeast. Chairman Teele: 2ndAvenue Northwest is fine. That's the one where the police station -- Commissioner Winton: Northeast -- Ms. Conway: Northeast is the County -- Chairman Teele: You must mean Northeast. Commissioner Winton: No, 1st, 1st. Sorry, 1st. 1st is west -- is northbound. Chairman Teele: Johnny, this is a non -- this is 2nd Avenue, a nonstandard road. It looks like a Commissioner Winton: Been on it many times. Chairman Teele: -- a cartway from a horse and buggy. We got Habitat for Humanity building houses there. We've asked them repeatedly, repeatedly, repeatedly -- they want to increase the contract for all of these consult techs and this and that, but Johnny, I'm telling you, in this town, there are two levels of Commissioners: There's the Commissioners who get everything from the management yesterday, as fast as they can, in the road stuff the infrastructure stuff and there are those of us who labor, labor, labor to try to get it done, and it's not fair to the district, and all that I've said is, until all of my streets have had a funding plan -- that's what I said, Johnny, not been completed, but until there is a funding plan to fund every street in my disfrict to bring it on a minimum standard level, I can't support any funding to design and bid the system. To study it, to go to the next step, to plan it, I'm all for it, and I'll willing to offer a motion for you today. One way to deal with the operating deficit is we need to be studying the feasibility of a special district. Commissioner Winton: Which is on their -- Chairman Teele: OK. A special district -- City ofMiami Page 123 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Commissioner Winton: Which is on their -- yeah. Chairman Teele: The same thing we did with the Downtown People Mover. Commissioner Winton: Right. Chairman Teele: OK. And we also should do what we did in San Francisco on the Bart System, is to create a benefit development district, OK, so there's several mechanisms that can be used to move this ahead and to get the money, but Johnny, I don't think, when you look at the conditions of the streets in my disfrict -- and by the way, you've got one or two in your district, right off of Biscayne Boulevard and 84th -- 85th and 86th -- Commissioner Winton: I've got a bunch. You'd be surprised. Chairman Teele: No, you don't have many, Johnny. Commissioner Winton: Yes. Chairman Teele: Because the plan that -- the plan, Johnny, that we were about to approve -- and we did approve -- was putting $4, 000, 000 -- $2, 000, 000 into Belle Meade for roads. How can you justify -- and I've always cared the Belle Meade district when I ran Countywide, so I'm not going to be running Countywide anymore in District 3 in the County, but how can you justify putting $3, 000, 000 in Belle Meade for roads and you've got Third World roads all overAllapattah and Overtown in this district? Commissioner Winton: Were we putting 3,000,000 in Belle Meade in roads? Ms. Conway: In the CIP (Capital Improvement Program) that came before you in November, there where certain project areas that Public Works had identified as priorities, and that is what was in the document, but at the same time -- Commissioner Winton: But wasn't that tied to -- Chairman Teele: Say that again. Say what you just said. You finally got to Mary. That is what was in the document. Ms. Conway: Yes, that is what was in the document. Chairman Teele: The money -- Belle Meade was the higher -- all the money was in Omni, Brickell, and Belle Meade, I'm telling you. I didn't say anything. I said, I'm not going to make this a racial issue. I'm not going to make this a district issue but, Johnny, the document that they submitted was politically explosive. It was all about District 1. What's your district number? Commissioner Winton: Two. Chairman Teele: It's all about District 2, and I said, the CRA (Community Redevelopment Agency) Omni disfrict can pay for the roads in the Omni, and -- Commissioner Winton: And, by the way, I looked at the entire plan because they handed out the disfrict by disfrict by district plan, and I didn't see what you said, so I need to look at it again. Ms. Conway: Well -- but at the same time, based on -- Chairman Teele: We pulled that one. City ofMiami Page 124 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Commissioner Winton: Oh. Ms. Conway: -- the comments that were raised, that's why we went out and did the re -inventorying - - Commissioner Winton: And by the way -- Ms. Conway: -- of all streets. The information we presented recently. Chairman Teele: But, Mary, before you confuse this issue. Commissioner Winton: Hold on. Chairman Teele: Before you confused this issue, I don't want to get misunderstood. That was the document that you all asked us to vote on, and I met with you two days before the vote and I said, Mary, I don't want to make this explosive. I'm not against Commissioner Winton. I'm not trying to make this racial, because ifI bring it up, it's going to look ugly, but this is wrong. Having all of this money in the Omni; having all of this money on Brickell, and to add insult to injury, Belle Meade, where the average home -- I mean, you know, I wish I could -- my -- I hope that my son is able to live in Belle Meade before he dies, because I never will be able to afford it. Commissioner Winton: And I asked -- just so you understand -- for none of this. I expected the City to go out, like they had done everywhere do their analysis and come back with a plan. I didn't say go do this, go do that, go do that, so what - - not driven by -- Chairman Teele: Johnny, I don't -- Johnny, I'm not at all implying that you did. What I'm implying is, is that this City has historically and continues to this day to respond to the Gucci -driven neighborhoods, and those neighborhoods that are on the bottom have got to fight for what they can because there's different priorities, Johnny. There's no way -- if you look at 2nd Avenue and 20th Street, there's no way you, as a Commissioner, would spend $1 in your district until that has been done. I know you. Commissioner Winton: Right. Chairman Teele: And know Joe Sanchez has done the same thing in CD (Community Development) in his district, so what we're saying here is, we've got to work together to make the staff bring this City to a minimum standard, and once we get the City to a minimum standard, I'm -- count me in on this, but we can't have the conditions like we have in Floral Park. In Floral Park, which was right next to the Model Cities, when Lyndon Johnson was president, and they created the great society, they came in and did all of Liberty City or the Model City areas, between 17th and 95. That's how the Caleb Center got built. That was the Lyndon Johnson project, but the area between 17th and 19th, which is always been in the City, is the forgotten land. They don't have anything at all like the people across the street on 17th Avenue, and the same thing is true in the Design District. The people on the east side ofMiami Avenue, where all of the lawyers and lobbyists representing everybody and all the clubs from Miami Beach are moving there, if they're not moving to the other place, that place is like a palace, but on the west side ofMiami Avenue, OK -- we're talking now two blocks from Midtown -- Chairman Teele: -- they don't have curbing -- Commissioner Winton: Right. Chairman Teele: -- they don't have sidewalk -- City ofMiami Page 125 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Commissioner Winton: Yeah, exactly. Chairman Teele: -- in some areas. Commissioner Winton: Right, and I've seen those. Chairman Teele: And we've got to bring this City to a minimum standard of curbing, sidewalks; a certain level of drainage, at least the funding for it. That's all that I'm saying. Commissioner Winton: And I'll support that a hundred percent, as you well know, and I want to hit on one more point about -- and hate to get off on this (UNINTELLIGIBLE), but about District 2, which -- and you all know, I didn't create District 2, but I've been here for four and a half years, and I'm thinking about two things when I go out, that I'm probably going to rally support around, and it's one of two things, either breaking up Disfrict 2 entirely, so that there isn't anymore of this well, Johnny's got it all. I didn't ask for it. I didn't want it, and I don't -- Chairman Teele: Johnny, I didn't mean to imply that. That's not at all what I'm saying. Commissioner Winton: Well -- but trust me, it's -- I watch it all the time. I understand it, but it's an attitude that develops, and I'm not -- you know, I don't -- I didn't create it, and I think it's bad for our City. Chairman Teele: But, Johnny -- Commissioner Winton: So I'm -- Chairman Teele: -- that's why you don't get the CD dollars, too. Commissioner Winton: No. Chairman Teele: And that's why the neighborhoods that you represent that need money don't get the kind of money because of the overwhelming -- and your argument is a fair argument. Commissioner Winton: But if every Commissioner up here had a piece of District 2, this battle ground would be radically different, because everyone would feel like Disfrict 2 is a part of their City, and right now, it's hard for everybody -- and I know all of you -- everybody fries, but you just -- I'm not sure I wouldn't be doing the same thing if I'm representing your districts. You just look at what's going on in Disfrict 2, which was the reason all of us ran for office to fry to make this kind of explosive thing happen. Well, it's happened, and we're thrilled it's happening. We could be in a position where we were four and a half years ago, where nothing was happening. Chairman Teele: And looking for money to just stay alive. Commissioner Winton: And looking for money just to stay alive. It's happened. We're all thrilled it's happened. You have to put certain resources into that to make sure that it keeps going, and what I feel bad about is the fact that there's this sense out there that this is Johnny's, the favored -- I -- you know, I have to fight as hard as everybody else does about getting stuff done or getting -- not getting stuff done, but getting the things that want done in the priority thatl want them done in, and I think that's a classic battle between administration and political office in any City in America. I think it's the same thing, but from a public policy standpoint, I keep thinking that the way we're set up, while we've all grown to work well with each other, we're going to go away one day. Chairman Teele: Right. City ofMiami Page 126 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Commissioner Winton: I'm going to go away sooner than everybody else. Chairman Teele: That's not true. Commissioner Winton: Yeah. Commissioner Gonzalez: That's not true. Commissioner Winton: Oh, trust me. Commissioner Gonzalez: We're going together. Commissioner Winton: And we don't know who's going to represent -- our job is to make sure that we set a foundation long-term that is very, very good for our City, so that we, as five Commissioners look back, or the historians more importantly look back, 20 years from now, 25 years from now, 50 years from now and say the foundation that those people built is what drove Miami into the position that it's in now 50 years later, which is one of the greatest cities in the entire world. Well, this disfrict election thing doesn't do that in my mind. Certainly, the way that -- minimum, it's the way the boundaries are drawn, and, at maximum, it's disfrict elections, and the downside of district elections is that you have way too much time being spent on what's in my neighborhood as opposed to what's going in our City, and I'm struggling right now - and I'm just putting this on the table for y'all to think about also, because I don't know where I'm going to land on this in three more years, but I just have this sense that the way we're organized from a policy standpoint doesn't -- isn't going to be good for our City long-term and we need to either change the districts radically or get rid of district elections, and I have as much thought about getting rid of disfrict elections as I do changing the boundaries, because of this very issue about the fight for our own little City. It's no longer the big City. It's my City. My piece, one fifth, it's my City, and that's it, and as much as we all struggle to keep a view of the big picture, which is our job -- and I think we do a pretty good job -- that's a tough battle to fight. It's a tough battle to fight up here, and so I'm wondering if, long-term, that's the best way we ought to be organized. We'll talk about that in three years. Commissioner Gonzalez: May I? Let me tell you, Johnny, what the problem is is that years ago, we had a citywide election, OK. Commissioner Winton: Just four -- five years ago. Chairman Teele: No, no. Johnny, listen to him closely because he's going to give you the history for 50 years. Commissioner Gonzalez: We had citywide elections, OK -- Chairman Teele: 65. Commissioner Gonzalez: and I've been in this City for 40 some years now -- 40 -- I came from Cuba in 1960, so 44 years, all right. Unfortunately, at that time, there was a neglect from elected officials to certain areas of the City ofMiami, and that includes Commissioner Teele's disfrict now, and Allapattah my disfrict now, and in some instances, East Little Havana district. Every resource -- Commissioner Winton: That included downtown. Commissioner Gonzalez: Well, downtown was neglected, yeah. For the last 20 years it was neglected, but there was a point in time in this City when everything, all the resources, all the development, all the new streets, all the sidewalks, everything was concentrated in downtown, City ofMiami Page 127 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 downtown, the Grove, downtown, Brickell, Brickell, Brickell, Brickell. What happened is that that created a sense of neglect on these neighborhoods, OK. Commissioner Winton: And it was real neglect. Commissioner Gonzalez: And it was real neglect -- Commissioner Winton: Absolutely. Commissioner Gonzalez: -- because if you look at it, it's real -- Commissioner Winton: Absolutely. Commissioner Gonzalez: -- neglect, OK, so now it's our task to make sure that there is some type of -- Commissioner Winton: Equilibrium. Commissioner Gonzalez: You know, it's not going to be even. It's never going to be even, you know, but we need to make sure that we bring a little bit of this prosperity to each of our neighborhoods, so everybody -- Commissioner Winton: Heck yeah. Commissioner Gonzalez: -- feel, you know -- listen, you know, I'm a part of this. I'm a part of this development. I'm a part of this improvement. I'm a part of this new parks, these new buildings, this new Miami, because if we keep -- if we would have kept the neighborhood the same way that they've been kept for the last 30 some years -- let me give you the perfect example. You know what that type of policy has created in the neighborhood? The sense that right now, we have -- let me give you the issue of Camillus House. What is the complaint of the people of Allapattah in reference to Camillus House? No, no, no, no more. No more. It's been 30 years bringing everything negative to this neighborhood, everything that is not positive to this neighborhood, and everything that is good goes somewhere else. We don't want it. We're not going to accept it and we don't want it. We're going to fight it. If the leaders of this City back then would had a wider vision of what the City is and that it is one City, and not only one disfrict, OK, then these people would have participated on the well-being of a City and they would have felt part of it, and they would have said, you know, listen -- Commissioner Winton: Yeah. Commissioner Gonzalez: -- we got some good. We need to take a little bit of this. I mean, we got to be -- you know, it has to be a fair share of everything, but it hasn't been that way, unfortunately. Commissioner Winton: No. I agree. Commissioner Gonzalez: And some of the problems that Commissioner Teele have, I have in my disfrict. I have a street that are torn apart, that haven't been -- listen, I went to 35th Street, between 22nd Avenue and 27th Avenue last week, because it was a building that was abandoned there for I don't how many years now. It was given to Allapattah Business Development and they are starting to rebuild that building. You should have looked at the photos of that building, OK, so I get out of the car and start looking at the building, you know, and see what the agency's doing; how much money they're going to be spending; what kind of repairs they're going to do, because I want to be involved in with whatever they're going to do to make sure that we do something nice to the neighborhood and -- guess what? About five or six neighbors came to me City ofMiami Page 128 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 to thank me because finally, after 20 years, they got their street done, and there is no more flooding. They have a new street, they have grass on the swales, and finally, this looks like a neighborhood, and that's what is happening, you know. Commissioner Winton: Do you know why I'm so excited about the rebuilding of the perimeter neighborhoods around downtown? If you look at the reemerging (sic) downtowns around the United States, very, very few of them have been successful at also rejuvenating the principally single-family residential neighborhoods that surround the core. That will never create long-term success for downtown. What will create long-term success for our City and downtown -- because downtown an economic engine. We all know that. No matter what -- no matter how you draw the boundaries, the downtown is the economic engine. Can you imagine what our City will look like when all of these neighborhoods surrounding -- well, it doesn't surround because we have to go in an arch because we've got the water -- but from -- which is already happening. It started in the Roads and in Commissioner Regalado's district, and it's spreading. That spread will bring more middle-class Americans with families to our neighborhoods to live, and that will drive schools into a better position, it drives our tax base into a better position, it drives the image of the City worldwide into a better position, because we won't be surrounded -- we won't have a City that's surrounded by poverty. We'll have a city that's surrounded by success, just like cities when they originally founded 100 years ago and started growing over that -- or some of them, 200 years ago -- and they grew, and all of those surrounding areas were successful. We could end up with the same thing. There's very few cities in America that can do that, and this group right here is going to be responsible for that rejuvenation. I'm thrilled -- what I want to do in District 2 would be a failure if these -- if y'all's neighborhoods don't succeed because it's those neighborhoods that's going to drive the long-term success and create the right foundation for long-term success for our City, so that's the reason I'm so supportive of all these initiatives because it's good -- Commissioner Gonzalez: And let me tell you. You just said it. Commissioner Winton: -- for us. Commissioner Gonzalez: I was going to say it. It's happening. What's happening is some of us, we're very frustrated because we would like to think things happening faster and faster, and we would look to see everything taken care of at once, and that is impossible. That is unrealistic, but we cannot see changes in the neighborhood. We see little by little, we're seeing improvements, and we're seeing more people being participants, you know. Johnny, some of the streets in my neighborhood, people didn't care the way the street looked. Now, you see people putting water on the grass, on the swales, sweeping the sidewalks. You're starting to see that pride in the neighborhoods. You know, and the neighbors that they are -- they have pride on their street. They have pride on their sidewalks. They have concerns about what's happening in that neighborhood, and that took a lot of work and it's going to take a lot of work. Commissioner Winton: A lot more. Commissioner Gonzalez: A lot of debate, a lot of fighting. It's going to take a lot of effort, you know, to get it accomplished. Commissioner Winton: My apologies for getting us off on this tangent. You said this is informational. You're going to be back to us when, with an action item? Ms. Conway: September is our completion date for the study, so probably October, toward October. Commissioner Winton: OK, but sooner is better than later, and thinking about these funding mechanisms and thinking about what Commissioner Teele said, and that is that the County has the real responsibility and we need to make sure that included in this is some real pressure on City ofMiami Page 129 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 the County to fulfill their responsibility. They're giving us half a mil of our own money to do some things, but they've got the real money, and I think that we need to put heavy pressure on the County. This ought to be, some way or another, our contribution to their system, not our own system that we create alone. It ought to be our contribution to their system that we're helping to enhance with our piece of the half mil. Chairman Teele: Johnny, if -- it's already 12:19. We're not going to be able to take up any other items. I'm going to propose that the Baylink come up tonight at 7 p.m., if that's going to be all right with you all, Baylink people? Unidentified Speaker: Can you do that? Chairman Teele: Is that all right? Or you'd like to put it on next week, in two weeks? Why don't you do it tonight? I think, in this context, it's a very healthy discussion that's going on, particularly what Commissioner Winton has just said, because I think, one of the keys to this and Baylink is what Commissioner Winton is alluding to, and that is that we need to work more closely with the County and get the County. Now, there is a 13C problem with what you're proposing, which is a labor union problem, and we could very well impact all of the federal monies that come to the County if we don't handle the 13C issue that that raises properly, but notwithstanding that, I agree fully with Commissioner Winton's point of view, and in the context of your comments regarding the redistricting, I want to just say one thing about that. Today, at 4 o'clock, the Mayor has got an annexation issue up. I think he may defer that. The Manager indicated yesterday -- whether he does or doesn't, it's not -- the point is this, that I have served with probably 40 Commissioners. I have never heard a Commissioner say that I've ever had the serving with what Commissioner Winton just said, and that is, I am willing for the good of the long-term future of this City to engage in a dialogue about redistricting the City to more fairly -- to do the boundaries so that the economics are more fairly shifted. You said all five. I don't know if that's possible geographically, based upon that, but we've got some smart lawyers around here that can figure that out, butt would say this, in the context of a annexation, that discussion could very well be an appropriate one, if we move -- if we move toward an annexation plan, and there are two issues. Number one, that is, does it remain a five -member Commission or does it go to a seven -member Commission, as many organizations have pushed for, which I -- you know, I think it's a fair discussion, and number two, if there is an annexation, does that represent an opportunity to redistrict in some way that's an intelligent and rational basis, but I want to publicly compliment you, Commissioner Winton, because what you're basically saying is I'll willing to give up a lot of the economic clout, et cetera, and see that the rest of the City, for generations ahead, not for this Commission, but for all, and I think that's a very healthy consideration that I'd like to consider, but in the end, Commissioner Gonzalez' statement is the correct statement, and that is for 68 years, Madam Clerk, when was the -- when is the last record you've been able to research on the election of the Mayor, one week? Priscilla A. Thompson (City Clerk): Oh. I didn't research, but at least 25 years because I've been here that long. Chairman Teele: No. I thought somebody came -- Joel Maxwell (Deputy City Attorney): 65 years. Vice Chairman Sanchez: 1939. Ms. Thompson: Oh, OK. Chairman Teele: 1939 is how many years? For 65 years we've had the system that we were trying to figure out. We went back 25 years, and for 65 years we've had an at -large voting system, and for 65 years we had a system where those affluent areas were better represented City ofMiami Page 130 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 than the poor areas. In fact, Johnny, at one point, four of the five Commissioners lived in what is now District 2. There was a point in -- since I've lived in City -- and so, you know, going back to at -large voting is really a giant step toward the powerful becoming more powerful and the weak becoming less weak. The only voice that the people have -- the lobbyists that are in here, you don't see any lobbyists in here representing the fruly poor neighborhoods, but the big developers, the developers who've got vision -- and I'm not complaining, but that's just the way it is. They're the ones -- today somebody wanted to have an agenda item moved up because -- I said, wait. What about the poor people, you know? We can't just always go to that, so all that I'm saying, Johnny, is that this is a balance. There are some trade-offs that you've eluded to and they're right, and the people do look out for neighborhoods more, and we don't have the big picture in mind maybe as much as we should, but I think to a person on this Commission, everybody has given up money, especially Joe Sanchez and Commissioner Regalado, have given up money time after time after time. I could not do my Christmas gifts in Liberty City and Overtown if it were not for Angel Gonzalez. I've never said that publicly, because I take the credit in my district, but virtually, all of the gifts come from those same shops that we're talking about on 20th Street, because we don't have them in Liberty City. We don't have them in Little Haiti, so we work together, Johnny, very, very well, and I think the single -member districting process works well for the poor people and those who are less represented. Commissioner Winton: Well -- but I'd like to challenge a point. I'm not in this seat as an elected Commissioner because I thought that being in government would be a fun thing. This is the biggest pain in the ass thing I've ever done in my entire life, so -- and it isn't a career path for me. I ran because this City ignored -- I've been in downtown Miami since 1988, and this City was ignoring downtown when I got elected; it ignored downtown every single year since then, and the only reason I ran for office is because I was fed up with their incompetence and their inability to focus any resources on downtown, so what's the point to that? The point to that isn't that downtown was getting all the resources. The point is that nowhere was getting resources. This City was living hand-to-mouth for 20 years. It was driven into the tank and no one was getting anything. It wasn't the Gucci lawyers. It wasn't Brickell. It wasn't downtown. It wasn't Upper Eastside. No one was getting anything, and so that's the point I -- it wasn't as though downtown and my district has been getting things. They've all gotten nothing. Coconut Grove got this redevelopment -- the brick thing. What was that in 1979 or something, which was the last real capital money spent in the Grove. This City has cheated all of our neighborhoods for 30 years, all of them. Chairman Teele: It's been broke. Commissioner Winton: It's been broke. Commissioner Gonzalez: And Johnny, let me tell you. I remember in 1960s downtown, they used to open Mondays, Wednesdays, and Fridays, until 9 p.m., and you know what? What we used to do as leisure? Go and walk downtown on the stores -- Commissioner Winton: On Flagler. Commissioner Gonzalez: Because we didn't had money to do anything else, so you know -- Commissioner Winton: Yeah. Commissioner Gonzalez: -- you just go up downtown and walk around the stores. That was a way to spend time and to enjoy time. Commissioner Winton: And you wouldn't do that today for anything. City ofMiami Page 131 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Commissioner Gonzalez: No. No way. Commissioner Winton: But hopefully, in three more years, you'll do that again. OK, sorry. I'm done. Adjourn. Chairman Teele: Could we hear from the Baylink people that we -- you all have no problem with -- just come and put your name on the record and we'll take up this project right after that. Are you going to go back to Seattle, Portland tonight or tomorrow? Mr. Hales: Friday. Chairman Teele: Tonight? Mr. Hales: No, no, not tonight. Chairman Teele: Well, you should come and be a part of this -- I would encourage the Baylink consultants -- and, by the way, can we get all your consultants to just come up and identify yourselves please, that are here with you? You have to come to the microphone, sir, ma'am. All of the consultants, we'd just like to get you to put your name on the record for us. Phillip Smelley: Phil Smelley, with Parsons Brinckerhoff the Baylink Project Manager. Chairman Teele: And your location address. Mr. Smelley: 7300 Corporate Center Drive. Chairman Teele: Miami? Mr. Smelley: Miami. Sorry. Chairman Teele: Ma'am. Commissioner Winton: Miami -Dade County. Sharon Becca: Sharon Becca, Parsons Brinckerhoff for the Baylink Project. Chairman Teele: You have to give us an address for the record. Ms. Becca: 7300 Corporate Center Drive, Miami, Florida, 33126. Commissioner Winton: Miami -Dade County. Chairman Teele: Sir, are you with the -- Jason McGlashan: I'm with the Streetcar Project. I'm Jason McGlashan with HDR Engineering at 315 East Robinson Street, Orlando, Florida. Chairman Teele: Well, we really appreciate the time, and I -- you all got much more of a study in government than -- but this is the way to get this project off the ground, and get it Wright, and I know that this project is going to work out in the City, at least ifI have anything to do, we're going to do it. Ma'am. Carmen Morris: Good afternoon. Carmen Morris, 15074 Southwest 127th Court, Miami -Dade County, Florida, 33186. City ofMiami Page 132 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Wilson Fernandez: Wilson Fernandez with the Miami -Dade MPO (Metropolitan Planning Organization), 111 Northwest 1st Street, Suite 910, Miami, Florida. Chairman Teele: Mr. Fernandez, are you going to be here this afternoon for the Parrot Jungle - - I mean, the Watson Island item? Mr. Fernandez: I'll be here this afternoon for the Watson Island, and we would be gladly -- Chairman Teele: Have you reviewed the interlocal agreement that we directed at the last meeting regarding Watson Island, the Watson Island project? Commissioner Winton: (INAUDIBLE) because they're just Baylink. Mr. Fernandez: I have not reviewed that. Chairman Teele: OK. I'm going to ask staff to bring you fully up -to -speed, and I'm going to be asking you for your comments and commitment to help us with the interlocal government study between Miami and Miami Beach, and in fact, I have a dear colleague letter that we'll be recommending that Miami -Dade be added to the study because of Baylink, and that - - that the MPO be added because of Baylink, and that Miami -Dade Public Works be added because of Fisher Island. Commissioner Winton: That's a good idea. Chairman Teele: OK. Commissioner Winton: That's a great idea. Chairman Teele: All right. So would you have somebody from Public Works here, as well, Miami -Dade County Public Works, like the director? Who's the director now? Mr. Fernandez: I will be contacting them to let them know to be here. Chairman Teele: Who's the director? Who's the director? Mr. Fernandez: Robert Rivero. Chairman Teele: See ifMr. Rivero would be available. We'll fry to take that up to expedite, but we want to get the cooperation of everybody on this, OK. Commissioner Winton: I'm not sure he wants to come to this chamber. Chairman Teele: Oh, it's a wonderful chamber. All right. Commissioner Winton: He and I are not seeing eye -to -eye (INAUDIBLE) Chairman Teele: (UNINTELLIGIBLE). Commissioner Winton: No. Chairman Teele: He's a nice guy. OK. Are there any other matters on this item -- Commissioner -- Johnny, really, I think this is going to work out really well, and I think the City is going to be -- you know, as I -- I just want to -- the bottom line is that just think we need to have a funding plan for all of the projects to a minimum standard. City ofMiami Page 133 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Commissioner Winton: I hundred percent agree with that. Hundred percent agree with that. Chairman Teele: And I've told staff that now for almost a year. Are there any other matters that -- we stand recessed til 2:45 p.m. Chairman Teele: We have a number of items that are still open. Commissioner Gonzalez and Commissioner Sanchez, you both have to go. Are there items that you'd like to present, and is the Budget Director available? Commissioner Gonzalez: I still have another half an hour. Chairman Teele: Yes, sir. Vice Chairman Sanchez: Mr. Chairman, I have a pocket item. Chairman Teele: All right. Commissioner Winton: We have Baylink, yet. Vice Chairman Sanchez: It's a -- Chairman Teele: We have Baylink -- Commissioner Winton: And I'd like to be here. Chairman Teele: And we need -- we should show a little bit of respect to Baylink. We'll take up the pocket item. Baylink is next. Yes, go right ahead, and Commissioner Winton has asked for and deserves to have at least five Commissioners hear this matter. Yes, sir. You're on. Unidentified Speaker: We're on. Chairman Teele: Were you here for the discussion on the Watson Island? Will you all work with us to get the MPO (Metropolitan Planning Organization) at the table? Wilson Fernandez: We surely will. Chairman Teele: Give us your name and address for the record. Mr. Fernandez: My name is Wilson Fernandez, 111 Northwest 1st Street. I represent the Miami -Dade MPO, and project manager for the Baylink project. I want to first thank the City Commission and City administration for providing us the opportunity to give you a status report on the Baylink project this evening, and with that, we just want to take you back to put the presentation that we will be providing you into context. We were last here before the City Commission almost two years to the date, and at that time, the City Commission passed a recommendation of the alternative LPA (Locally Preferred Alternative) modified, which essentially was a loop -- bi-directional loop frack configuration for downtown Miami. Subsequent to that, the MPO Board, in September, adopted the locally preferred alternative, which was for a light rail street car system operating in that loop configuration and bidirectional for both the downtown Miami and the City ofMiami Beach. Since that LPA recommendation, we have embarked on phase 2, and we have refocused phase 2 in order to get this project approved by FTA to enter formally into preliminary engineering stages, and part of that, we also created the opportunity for a more intensive public involvement, looking at the need for this project to have that public involvement, and today, I want you -- to present where we're at in terms of defining the locally preferred alternative, and here to present is Phil Smelley, who's the project City ofMiami Page 134 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 manager, on behalf of the firm of Parsons, Brinckerhoff, Quade & Douglas. Phil Smelley: Thank you, Wilson. My name is Phil Smelley, 7300 Corporate Center Drive, Miami, Florida, Dade County. Commissioner Winton: When are y'all going to get a better address? Mr. Smelley: Mr. Chairman, members of the Commission, we want tonight to provide you with an update on the progress that's been made on the Baylink project. Commissioner Winton: Pull your microphone up. There you go. Mr. Smelley: What we'd like to do is review the project's purpose, the development process, provide you with an update on the refined LPA, and review the next steps with you. What is Baylink? It's a streetcar providing a regional transit connection between Miami and Miami Beach. In a real sense, Baylink is a project that's going to help us maximize the investment we've made in the region and transit, and infrastructure, and also enable us to provide the capacity and mobility for expended, sustainable growth in the future. We've invested a tremendous amount of money in transit with Metromover and the Meforail projects, and with the bus network. Providing this important connection between the City ofMiami, Miami Beach and those investments will pay great dividends and increase the efficiency of the whole system, provide support for current and future development, and connect the major investments that have been made to date, and provide us with the ability to sustain that growth and the future development that's envisioned along Biscayne and within the City ofMiami. It also provides us with the ability to have a core circulation in both the City ofMiami and the City ofMiami Beach, and that connection -- and that core capacity then would serve as the basis for future extensions. In terms of the federal development process, we've completed two of the phases, including the AA/DEIS (Alternative Analysis/Draft Environmental Impact Statement), and the adoption of an LPA, as Wilson said, about two years ago -- or a year ago. We're currently in phase 2, updating the LPA and preparing to submit an application for a PE/FEIS (Preliminary Engineering/Final Environmental Impact Statement). If you look at the remaining four steps in the process, we would have to go through preliminary engineering, final design, construction and test and startup. One of the questions we're frequently asked is, what is the soonest that we could get Baylink online, and the answer to that is 2012, with an accelerated development program, following the federal mandated process. Currently, in terms of the PTP priority, it's for a 2023 date; significant point. Phase 2 products, the things that we're working on now in this period, are refinement of the locally preferred alternative, preparation of a PE/FEIS application to the FTA and the supporting documentation, and conducting both of these exercises with a continuous and extensive public involvement process. We've had a number of meetings -- outreach. We've had two form and fit meetings with the City staff. The initial meeting was to review the starting point for the adopted LPA, talk about the process. We then went through -- with the public with six stationary planning meetings and a number of presentations to public and quasi private organizations. We then came back to the City staff Planning and Public Works, reviewed the results of those meetings and the suggestions, incorporated those into the alignment, where feasible. We're providing you with an overview of that tonight, and we go to the MPO Board the end of the month, the 29th, I think; Wilson, is that right? Locally preferred alternative is essentially connecting a downtown distribution system in Miami and in Miami Beach, with a light rail alignment across the McArthur Causeway. The Miami alignment comes in across the McArthur Causeway, and as you can see in the graphic, distributes patrons in the downtown area over two one-way loops, and we'll talk about that a bit more in Operation, but you can see the general alignment, and you can see the stations. The yellow in the map indicates the Miami streetcar, and you can see the overlap between the two alignments, where we would share track and share stations. In terms of streetcar characteristics, we're talking about a technology like that currently being used in Portland, Oregon and Tacoma, Washington, with another -- a number of other cities in various stages of planning and development. The vehicles City ofMiami Page 135 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 are about six feet longer than an articulated bus; they're a little wider and a little higher. They weigh about 27 tons. They're considerably smaller than a traditional light rail car, and have less capacity. Capacity is about 154 totally loaded; 41 seated, and they operate at speeds of 35 to 45 miles per hour. This graphic shows the operation coming in with the split service at 9th Street,• one loop would run counterclockwise through town, the other line would continue straight through downtown, overlapping with the incoming loop, and going back out on 9th Sfreet. As we come into town at 9th Sfreet, where the service splits, we'd be on 5-minute headways. That's high frequency service. We would split on 9th, with one train -- every other train going down Biscayne, and every other frain going on 9th, giving us 10-minute headway, and the areas where the streetcar overlaps (UNINTELLIGIBLE), those headways would normally be five minutes again. You can also see on the alignment a very important issue in this downtown circulation for us is it provides us in the core we need to be able to handle future extensions to the east, to the southeast, and to the south, into the City ofMiami, into the north in Miami Beach. We've got a couple of station locations and renderings to give you some sense of what the system would look like in the downtown area. The first station location is Bayfront. You see a plan view and then a photograph showing you what the area looks like now, and then a picture of what the station would look like superimposed on that area. Station platforms are about 70 feet long. They have a ramp on one end. They're located at intersections so that we can (UNINTELLIGIBLE) the platforms using traffic lights. We have fair vending machines, maps and some seating, and windscreens to protect the patrons; they're well lighted and well landscaped and would include some art in each of the station locations. The second rendering is at American Airlines Arena. You can see a double track configuration there at the platform, much like we do at the Rose Arena in Portland, it would enable us, during special events, to mobilize exfra trains to be able to handle the loads from the arena when events let out in the evenings. The next shot there gives you a sense of what the station would look like in that location. Commissioner Winton: (INAUDIBLE) real transit at the American Airlines Arena. Mr. Smelley: Last, we included the Watson Island station. There are two aerial stations on the system; Watson Island and Terminal Island. You can see plan perspectives here of the station location and the walkway that goes across to the north side of the freeway. This particular station's been a real challenge. We've been working on it for a year with FDOT (Florida Department of Transportation), with Parrot Jungle, Island Gardens, the Children's Museum, the City ofMiami, the park located on the southeast part of that site, and the other venues on the site. We joked about the fact that we've got -- trying to fit eight pounds of potatoes in a five pound sack here, but we did, at the end of that year's effort, manage to get everything in Commissioner Winton: (INAUDIBLE) call that again? Mr. Smelley: Trying to get eight pounds of potatoes in a five pound sack. Commissioner Winton: Eight pounds of what? Mr. Smelley: Potatoes. Commissioner Winton: Potatoes. Mr. Smelley: Popcorn, stone crab. Commissioner Winton: I've just heard it referred to a little differently in my life. Mr. Smelley: This is a very confined site, and with the port tunnels coming off other development in the area, and the widening of the bridge coming across the intercoastal waterway, very City ofMiami Page 136 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 congested site; difficult to work everything in. The last slide gives you a perspective, an elevation of what the Parrot Jungle/Watson Island station might look like with a train on it. The next steps for us are to complete the PE application and submit that to the FTA around the middle ofAugust; wait then while the FTA ranks the project and authorizes the PE/FEIS process. Typically, they have 30 days after acceptance of a fully exercised application. We need to work with the MPO to reassess the Baylink priority to see if we can focus on that 2012 date rather than that 2023 date, and MTD needs to select the consult to start the DEIS process sometime after the first of the year. That was a lot of information very quickly. I'd be glad to answer any questions that you might have. Commissioner Winton: Commissioner Teele -- or Chairman Teele, I don't know if Frank Rollason's here, but I think that the marriage of the County's current system ofMetrorail and Peoplemover combined with Baylink and our own streetcar system could really, really, really put our city in great shape from a transit standpoint. However, the precise routing of both Baylink and our streetcar system hasn't been fully stamped yet, and I don't know what the right answers are. You know, there's a million right answers, but I think we need greater participation, and I've told Dana Knottingham at the DDA that I want him intimately involved in this. Frank, you need to be intimately involved. I think you guys need to pick a couple of good people from the community, from both kind of Overtown/Park West and downtown to sit and debate the different places where -- both the alignment and where you place the stops. Those are both real important issues here, and we only get one shot at it so, if you don't mind, would you call Dana Knottingham, and the two ofyou -- I've already talked to Dana about this, and the two ofyou get together and start this process. Frank Rollason (Executive Director, CRA): Yes, sir. We've had some discussions initially, and I've had some discussions with City staff about trying to get that -- the trolley system moved further west so that we can connect into the Overtown section in some way, and not miss that completely coming strictly with the north/south corridor, but get a little more west and come around, so we've had some discussions today, and they were open to looking at it, and I think that's a good idea because, also, there's some connectivity with the junior college and trying to get those key places as you start to head back up north again. Commissioner Winton: You bet. Mr. Rollason: So -- Commissioner Winton: OK. Mr. Rollason: -- you know, we're in. Commissioner Gonzalez: All right. Mr. Smelley: Thank you, Commissioner. Commissioner Winton: And you all know my view. I'm strongly in favor. I went to Miami Beach and testified in front of the Miami Beach Commissioner -- Commission, much to Mayor Dermer's chagrin, and sooner is better than later, and we've also talked about y'all figuring out ways that you can move this project up to a much faster frack than it's currently on. Mr. Smelley: The alignment that you mentioned, Commissioner Winton, is not fixed at this point. It's a locally preferred alternative. We take it into preliminary engineering and FEIS. Vice Chairman Sanchez: All right. Mr. Smelley: At the end of preliminary engineering, when we get ready to -- and we have our City ofMiami Page 137 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 record of decision, and we're ready to move forward the final design and talk about a full funding grant agreement, the alignment then becomes fixed. Chairman Teele: All right. All right. I would like to do this. We're going to lose everybody here in about -- two Commissioners in about 10 minutes. I would like to be on record in support of what Commissioner Winton said. Where's Frank Rollason? Frank Rollason wrote a very -- notwithstanding everything that has been said previously -- Frank Rollason wrote a very well reasoned, very detailed list of about 12 concerns about Baylink, which Commissioner Winton has touched upon the interface. I think you all are doing -- making a real disservice by not sitting down with the CRA (Community Redevelopment Agency) and the DDA, as Commissioner Winton has said, particularly those two entities, and the Performing Arts Center, to a lesser extent, and really looking at these recommendations. If you read his memo, which I've done, it really raises questions about how well we're thinking this through, and I realize there are a lot of people with a lot of ideas, and I want to commend you all for reaching out into the community. Mr. McKnight has brought it up in every public meeting, as the Chairman of the Overtown Advisory Board, and I think what we need is to get Mr. McKnight and the Omni Advisory Board, and the CRA in a dialogue, as well as the DDA, and I think you could have a great project. I am extremely concerned about the attitude of the Mayor ofMiami Beach on this project, Mayor Dermer, and I think, you know, we're listening to them on Watson Island, we're listening -- but, you know, the solution is not not to build. They're going to build something. The solution is we need to have intelligent solutions to growth, and I think Baylink is something that the City of Miami and Miami Beach ought to be locked arm on, so I would certainly support any recommendations that Commissioner Winton would make on this, and the CRA, if you all would come back to us in 90 days. When are you all going to the MPO? Mr. Smelley: The 29th of this month. Chairman Teele: OfJuly? Mr. Smelley: Yes. Chairman Teele: Oh, so this -- Commissioner Winton: But it doesn't lock in -- Chairman Teele: Yeah. Commissioner Winton: It doesn't lock in the exact route. It doesn't lock in the stops, all that. Chairman Teele: See, I think everything that Commissioner Winton said this morning about the streetcar needs to be read into the record. I don't even think this should necessarily be a federally funded program. I think you all are taking the wrong step on this. I think you all should look first, second and third as to how this could be a non FTA project, or at least a project that doesn't get FTA money, but maybe a credit, because if it is a FTA project, it's going to be done in the year 2040, after all the other projects that the County is working on, the north, the east/west, et cetera, so please take that under advisement. Mr. Smelley: Yes, sir, we will. Chairman Teele: OK. We would like to bring up at this time -- what is it, the -- Mr. Smelley: Thank you. Chairman Teele: -- settlement regarding the outdoor advertiser, is it Mark? 4:00 P.M. City ofMiami Page 138 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 DI.11 04-00730 Honorable Mayor Manny Diaz DISCUSSION ITEM DISCUSSION CONCERNING ANNEXATION. 04-00730-cover page.pdf NO ACTION TAKEN City ofMiami Page 139 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 PART B PZ.1 04-00644 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE ISLAND GARDENS AT WATSON ISLAND PROJECT LOCATED AT APPROXIMATELY 950 AND 1050 MACARTHUR CAUSEWAY, MIAMI, FLORIDA, TO BE COMPRISED OF TWO HOTEL BUILDINGS HOUSING 500 ROOMS AND 105 FRACTIONAL OWNERSHIP UNITS WITH ACCESSORY USES, 221,000 SQUARE FEET OF RETAIL SPACE, 1,610 TOTAL PARKING SPACES, 50 MEGA -YACHT SLIP MARINA AND ANCILLARY USES, MARITIME GALLERY, AND APPROXIMATELY 6.5± ACRES OF PUBLIC GARDENS AND OPEN SPACE; 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 140 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 04-00644 MUSP Fact Sheet.pdf 04-00644 MUSP Analysis.PDF 04-00644 Zoning Map.pdf 04-00644 Aerial Map.pdf 04-00644 School Brd Recomm.PDF 04-00644 Traffic Impact Analysis.PDF 04-00644 PAB Resos.PDF 04-00644 MUSP Application.PDF 04-00644 Variance Fact Sheet.PDF 04-00644 Variance Analysis.PDF 04-00644 Variance ZB Reso.PDF 04-00644 Variance Appl & Supp Docs.PDF 04-00644 Sp Ex Fact Sheet.PDF 04-00644 Sp Ex Analysis.PDF 04-00644 Sp Ex ZB Reso.PDF 04-00644 Sp Ex Appl & Supp Docs.PDF 04-00644 Plans.PDF 04-00644 Legislation.PDF 04-00644 Exhbit A.PDF 04-00644 Exhibit B.PDF 04-00644 Exhibit C.PDF 04-00644 - submittal.pdf 04-00644 - submittal a.pdf 04-00644 - submittal b.pdf 06-24-04 FIG City Commission MUSP Hearing -.ppt 04-00644 - submittal -2.pdf 04-00644 - submittal 1.pdf 04-00644 - letter of intent Museum.pdf 04-00644 Outside Cover.PDF 04-00644 Article I - Tab A - Introduction.PDF 04-00644 Article I - Tab E - Corporate Documents.PDF 04-00644 Article I - Tab I - Ownership List.PDF 04-00644 Article I - Tab J - State of Florida Corporate Documents.PDF 04-00644 Article I - Tab K - Zoning Atlas.PDF 04-00644 Article I - Tab L - Land Use Map.PDF 04-00644 Article I - Tab M - Aerial.PDF 04-00644 Article I - Tab N - Project Principals.PDF 04-00644 Article II - Project Description.PDF 04-00644 Article III - Tab A - Property Surveys.PDF 04-00644 Article III - Tab B - Site Plan.PDF 04-00644 Article III - Tab D - Water & Sewer Availability.PDF 04-00644 Article III - Tab E - Economic Impact Analysis.PDF 04-00644 Article III - Tab F - Minority Construction Employment Plan.PDF REQUEST: Major Use Special Permit for the Island Gardens at Watson Island Project LOCATION: Approximately 950 and 1050 MacArthur Caseway APPLICANT(S): City of Miami, Owner and Flagstone Island Gardens, LLC Contract Lessee City ofMiami Page 141 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 APPLICANT(S) AGENT: Judith A. Burke, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on June 2, 2004 by a vote of 9-0. ZONING BOARD: Recommended approval of the variance to City Commission on May 10, 2004 by a vote of 6-3. Also recommended approval of special exceptions to City Commission on May 10, 2004 by a vote of 5-4. *See supporting documentation. PURPOSE: This will allow the development of the Island Gardens at Watson Island Project. Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Noes: 1 - Commissioner Teele R-04-0462 A motion was made by Chairman Teele, seconded by Commissioner Regalado, and was passed unanimously, to authorize the City Manager to provide the Miami -Dade Public Works Department with a copy of the interlocal agreement and that the Metropolitan Planning Organization (MPO) be made a party to the interlocal agreement, at its option, and that the Florida Department of Transportation (FDOT) be invited to be a participant in the interlocal agreement; further instructing that Chairman Teele's letter dated July 8, 2004 to colleagues, which has made part of the record, be made an appendix to the interlocal agreement. Note for the Record: Chairman Teele urged that there be a mitigation plan on the effects of construction on Watson Island on the birds at Parrot Jungle. Direction to the Administration by Commissioner Regalado to negotiate with FDOT for better signage to direct residents to Parrot Jungle and musuems on Watson Island. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.1 is the continuation of the Major Use Special Permit for the Island Gardens project. You had asked that the applicant meet with some of the neighboring businesses that were there and try to come up with some agreements on additional conditions. I'm going to let the applicant present that because it will change one condition in the development order, but I'll read that at the end. Vice Chairman Sanchez: For the record, PZ (Planning & Zoning) -- this -- the public hearing for this item was closed. It was -- I believe at the last time we met, we debated it back and forth, so -- Commissioner Winton, PZ.1. Commissioner Winton: Staff already -- well, I -- we need a report on the issues that we had, so that's what I need. I'm -- Chairman Teele: Are we back on PZ.1 ? Commissioner Regalado: Yeah. Chairman Teele: I thought we were going to PZ.2. City ofMiami Page 142 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Commissioner Regalado: No, we did PZ.2. Vice Chairman Sanchez: Yeah, PZ.1. Commissioner Regalado: PZ.2 and PZ.3, we did. We're back on PZ.1. Judy Burke: For the record, Judy Burke with law offices at 201 South Biscayne Boulevard in Miami. I sent a letter to all of the Commissioners yesterday because I had understood the public hearing was closed, and I didn't want to take a chance that you wouldn't have a report ahead of time. Commissioner Winton, did you receive a copy of it? Commissioner Winton: I got in at -- Chairman Teele: I did not. Commissioner Winton: I got in at midnight last night, so I may have received it, but I haven't read anything. Priscilla A. Thompson (City Clerk): Ms. Burke. Joel Maxwell (Deputy City Attorney): Ms. Burke, could you give a copy to whoever is representing the opponents, as well, please? Chairman Teele: I think we need to take a 10-minute break. This is a (UNINTELLIGIBLE) and we're building a record here, and we need to at least give this enough consideration that we've read it. Ms. Burke: I would appreciate that. Thank you. Chairman Teele: I'm frying to help you. I mean -- Ms. Burke: No. I would appreciate it if -- is it -- who else did not get a copy? But I faxed it, I e-mailed it, and I hand delivered it this morning. Commissioner Regalado: I did get the e-mail and the fax. I did. Ms. Burke: Thank you. Chairman Teele: The time is now 6:18. We stand recessed until 6:30. We're going to recess to read the letter that has been given to us by Schultz & Bowen, dated July 7th. The record is not open again. The transcript, if you read it into the record when we come back -- get it, read it into the record -- said we would take no more evidence. We would take no more. The stuff has been sent in. We're going to have to open it up to the other side to at least, as it relates to this, I assume, but I want to read it first. Ms. Burke: OK. Chairman Teele: But it's already been sent out, and I don't know where we are procedurally. Ms. Burke: May I just say that Ms. Billberry just sent around to all of you two pieces of paper that were missing from the letter in that the board meeting of the historical museum was not until today. We have now delivered the signed agreement. City ofMiami Page 143 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Chairman Teele: Counsel, counsel, are you just going to make a mockery of whatI just said? Ms. Burke: No. I wanted to tell you the other -- Chairman Teele: I said to you that the record -- when we recessed, we said that the record is closed and we would not take further testimony. Now, you've given us this -- I've said it. Now, you're reading more into the record. Let us at least stop, take our recess. You talk to the City Attorney. You talk to the management and let us figure out where to go, and would all of the lawyers that are here for anybody else other than applicant, please go over and meet with the City Attorney so we can figure out how we unscramble this egg and, Madam Clerk, would you and the Attorney get the record the way we left it, indicating that there was no more information to be put on the record? Let's take a break. Commissioner Winton: No more public hearing. Chairman Teele: All right. Well, let's just do the item. Madam Clerk. Commissioner Regalado: Go ahead. Just do the -- Chairman Teele: Madam -- Mr. Attorney. Who's going to read into the record where we left the Mr. Maxwell: The Clerk is going to read that information into the record. Ms. Thompson: At the close of the meeting, the Commissioners adopted a motion, which was made by Commissioner Winton, seconded by Chairman Teele, and was passed unanimously to continue PZ (Planning & Zoning) Item Number 2 to the Commission meeting currently scheduled for July 8, 2004, at 5 p.m.; further requesting the developer to meet with the residents of the area, and to try to resolve issues concerning the Children's Museum and the maritime gallery site; and further stating that there will be no additional public hearing at the July 8, 2004 Commission meeting concerning this matter. Chairman Teele: All right. Mr. Maxwell: The public hearing has been closed, Mr. Chairman. Chairman Teele: All right. The language that I used was very imprecise. It said no further hearing. I guess it left the door open to a reasonably diligent attorney to put some stuff in writing and send it in, although I'm not sure that was the intent, but, Mr. Attorney -- Mr. Maxwell: Yes, sir. I've looked at the two documents that were submitted. I don't believe these -- they are -- they purport to be agreements. As you -- we have advised the Commission many times in the past, agreements between the neighbors' associations and developers are really not, on any issue before the Commission, is not relevant to your decision -making process. As a result, these two documents are not relevant, and should not be considered by the Commission in making its decision. Now, you did ask the applicant/developer to see if they could resolve issues. A verbal response from the developer at this time would be in order; yes, or no, they didn't, but these two documents here, not relevant for purposes of your decision. Chairman Teele: All right. Would you like to have the verbal discussion at this time? Mr. Maxwell: Yes, sir. That's your discretion, sir. Commissioner Winton: Absolutely. Chairman Teele: I think we need to make sure that the record is clear on this thing. We want to City ofMiami Page 144 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Ms. Burke: Again, for the record, Judy Burke, law offices at 201 South Biscayne Boulevard in Miami. After the last meeting, we did meet with all the neighborhood groups that we were asked to meet with. As to the Children's Museum and with the historical museum, all issues have been resolved. We did appear before the Venetian group, the group of neighbors, and we made a presentation. We answered all the questions that they had, and the meeting was adjourned. I can't say that all issues were resolved, but certainly -- we certainly answered all of their questions. Commissioner Winton: And I got a letter -- I guess, we all got a letter that -- from someone, I forget who the letter was from, but maybe it was an attorney. Oh, right, on some issues that, I'll have to admit, I'm not prepared to take up this whole issue of whether or not there's more boat traffic. You know, there's going to be more boat traffic for a whole lot of reasons, and I don't consider that to be -- Vice Chairman Sanchez: Relevant. Commissioner Winton: It's kind of a curious issue, but it isn't one that I'm prepared to hold this project up for, but there was another point that we do need answered on the record, and it was raised by a number of people, including the homeowners; it was raised by the Miami Herald and others, and that was the difference in square footage in the product -- in the project, whether there -- whether -- we clearly know that one of the buildings is 10 stories taller than the original MUSP (Major Use Special Permit). My understanding was that the footprint of the building got smaller, so the total square footage is the same, and you end up with a taller building that creates, frankly, as far as I am concerned, many times better view corridors, but there was clearly a perception that this was a bigger project. I would like to have an answer on the record as to whether or not the square footage of those two buildings is greater, or the same as the original proposal. I don't care who answers it. Joe Arriola (City Manager): Yeah. We met -- our whole department met with them. It's in exactly the same amount of square feet as it was originally proposed. Commissioner Winton: Is the footprint of the building that is now 10 stories taller a smaller footprint? Mr. Arriola: Smaller width. Commissioner Winton: So the four plate sizes are smaller, as opposed to bigger. Mr. Arriola: Yes. Commissioner Winton: And so you get greater view corridors -- Mr. Arriola: Yes. Commissioner Winton: -- coming through to look at other things. Mr. Arriola: Yes. Commissioner Winton: And so, that's -- OK. There's another issue that I didn't bring up last time, Mr. Manager, that came out of some of the DDA (Downtown Development Authority) issues, and that is that in the original MUSP, there was a provision that would encourage Island Gardens to continue to fry and help restore water taxi service, and/or expand its ferry service to connect Watson Island, the American Airlines Arena, cruise ship terminals, Bayside City ofMiami Page 145 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Marketplace, Bicentennial Park; that was in the original MUSP, and some way or another, it came out, and for those of us downtown who have been working for probably 18 to 24 months now on creating precisely that kind of connectivity, which will, in fact, lessen vehicular traffic, number one. Number two, creates, as far as I'm concerned, and many of us downtown, a greater opportunity for tourism to move along; greater opportunity for residents to go from one attraction to another without having to get in their cars, and everybody knows that movement by water is a more fun experience, if you can make it work, and that was a part of this and, some way or another, it fell out, and so I want to know, from staff why it fell out; what the rationale was for allowing that provision to fall out of this. Lori Billberry: Lori Billberry, with the Department of Economic Development. You are correct. It was in the initial proposal, and Flagstone was pursuing putting a water taxi at the site. DERM (Department of Environmental Resources Management) has limited the water taxi at the property though to only people that are residing in the hotels. They are not allowing it to be a transient service, like what you are suggesting at this time. Commissioner Winton: Why does DERV get to decide that? Ms. Billberry: They're controlling the permitting. I don't know -- Joe Herndon might be able to expand upon this, but they're the ones that are limiting what we can do at this time. Commissioner Winton: Well, help me here because this -- frankly, DERM's position is as irrational as most things anymore -- it's not rational. However, what I want to do is make sure that, as a part of our agreement, that we have language that goes as far as we can take it today that will not hold up the permit. Then I want to make sure that we, in the City ofMiami, go back around the horn with Miami -Dade County and reverse that kind of irrational thought. The whole idea of getting people out of their cars and getting into other modes of transportation, and linking all of our attractions on the waterfront, from Coconut Grove to the whole City -- up the river. I mean, can you imagine the kind of attractions we could have for people going up the river, coming down the river, going to Watson Island, going to Bayside, coming to Virginia Key. I mean, you could spend, as a resident or a tourist, two or three days on that kind of tour, just having tons of fun, and DERM's decided, oh, geez, that's not a very important spot for us. You know, you'd think that DERM, who's interested in making the environment better, would be focused on the fact that we get people out of their damn cars and in water taxi, would think that this is a better idea. Ms. Burke: As soon as DER Mpermits it, we will accommodate it. We will build it, and we will really appreciate your support on this issue with DERM Commissioner Winton: OK, so we have as strong a language as we can that Island Gardens is favor -- frankly, in favor of in this agreement, so that if we can turn the knobs with DERM, we get this done, and this is Island Gardens' benefit, as well. Ms. Slazyk: Yeah. Commissioner Winton: Apparently, they understand the benefit here, as well, so -- Ms. Slazyk: I'm going to suggest that we add it as a condition to the Major Use Special Permit that they operate to the limits of what they can -- Commissioner Winton: OK. Ms. Slazyk: -- subject to other permissibility -- Commissioner Winton: Perfect. City ofMiami Page 146 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Ms. Slazyk: -- and expand when possible. Commissioner Winton: Perfect. With that, then, I guess I'm going to -- What is the motion that I'm going to make here? Ms. Slazyk: There is one other amendment that I would like, and this came out of the discussions with the Children's Museum. Condition number 12 in your packages, I would like to amend it to say that the applicant shall apply the landscape garage scheme to both the northeast and south facades of the parking structure. This is going to soften the parking structure on the Children's Museum's side, so with that condition and the water taxi condition that I just said, we would recommend approval with those two changes, as per your package -- Commissioner Winton: OK. Ms. Slazyk: -- of the Major Use Special Permit. Commissioner Winton: Then that's my motion. Chairman Teele: We have a motion and a second for discussion. Vice Chairman Sanchez: Discussion. Chairman Teele: Discussion. Vice Chairman Sanchez: Johnny, there was one item that was brought out at the last meeting pertaining to park land that is not pertaining -- pertains to the project, and that was -- it's in -- there was a motion passed to take a certain portion of that land there at the Watson Island and create a park. What exactly -- how big was the property that was set aside? Commissioner Winton: That was eight acres, wasn't it? Vice Chairman Sanchez: It was about eight acres, right, six to eight acres? Commissioner Winton: Well, I think -- I remember eight acres. Vice Chairman Sanchez: Eight acres? Commissioner Winton: And that's the land that the port -- Mr. Arriola: It's like six acres, Commissioner. Commissioner Winton: -- originally wanted to expand the terminal onto, and it was your motion Vice Chairman Sanchez: It was my motion. Commissioner Winton: -- that -- Vice Chairman Sanchez: When it was all done -- Commissioner Winton: -- this was a year -and -a -half ago. Vice Chairman Sanchez: -- because one of the biggest concerns was, hey, listen, you know, it's public land; that land belongs to the people, and although we see this construction as a City ofMiami Page 147 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 signature project for the City, and possibly, an icon in South Florida, we realize that it's an area that really has a tremendous view of our City, our skylight, and it'd be a beautiful view, so we took those six to eight acres -- I'm not sure. Is it six acres? -- six acres, and it will be a park, and I think that's one of the commitments and some of the calls that I've gotten, people saying, hey, listen, the project's going to be there, but we want an assurance that there will be a park there, and there will be a park. Another issue that we've brought out was the public -- Commissioner Winton: Well, in fact, the ordinance was passed that prohibits anything on that -- Vice Chairman Sanchez: Exactly, only a park. Commissioner Winton: -- on that. Vice Chairman Sanchez: So it's got -- Commissioner Winton: -- on that -- that's right. Vice Chairman Sanchez: -- a safeguard. One of the other issues that I want to put aside, you know, shine some light on is that the public area. You know, the public area will be open to the public. It's a part of the agreement. It's not only going to be for wealthy people that could stay there. People could walk and go visit the area, and enjoy the amenities, and really enjoy the skylight. The other issue that I want to put out, this is one of the biggest projects that I think the City's taken the challenge, and I want to take this opportunity to commend the administration and the staff and everyone who has worked so hard to hammer out all the terms of this agreement, and based on that, it was also a solid majority of the voters that approved this project, so I think it's going to be a great project. I think, at the end of the day, it's going to be well complimented by a lot of people, and it's just going to be a signature project for the entire City, so I just wanted to state that for the record. Thank you. Commissioner Winton: I have another question for you -- and Mr. City Attorney, kind of listen to make sure that I don't -- you have said that the agreements that we have read here between the two museums and Island Gardens is not relevant to this -- to our approval or disapproval of the MUSP. Mr. Maxwell: That's correct; it should not be considered. Your decision is -- Commissioner Winton: OK. Mr. Maxwell: -- should be based -- Chairman Teele: Would you -- Commissioner Winton: Fine. However -- Chairman Teele: -- would you ask the question again? Commissioner Winton: Well, I was clarifying -- Chairman Teele: Or state the premise again. Commissioner Winton: -- that the two agreements that we read that are agreements between Island Gardens and the maritime museum and the Children's Museum, that those aren't relevant -- the side agreements are not relevant to our thought process, as it relates to approving or disapproving the MUSP. City ofMiami Page 148 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Mr. Maxwell: Correct. Commissioner Winton: Which he's told us that a million times; the homeowner agreements and all this, so I understand that. However, I did read in those agreements that a principle feature here that think is very important that would, frankly, like to incorporate into our requirement, because I think it is relevant, and you can help me here. Parking for events -- Parrot Jungle, museum -- the Children's Museum and Island Gardens -- that is an issue, and in one of the agreements, there is an agreement that all of the parties involved on Watson Island are going to immediately begin working together to plan to develop a -- Ms. Slazyk: Committee. Commissioner Winton: -- traffic plan, a parking plan, which I think is very, very, very important, and I think it's one of the issues that I'm not sure that agree that it impacts them at all in terms of traffic moving over the Venetian -- but think it's a real issue for that island, and for that stretch of the boulevard. Can we incorporate the part of this -- of their discussion revolving around the creation of a committee of all the parties to begin working on a traffic plan -- parking plan, I guess I should call it, for the island? Could we incorporate that into this MUSP as a requirement? Ms. Slazyk: What would recommend is that you add a condition that they participate in any effort that is done to that end -- Commissioner Winton: OK. Ms. Slazyk: -- because you can't make them make Parrot Jungle and everybody else do it -- Commissioner Winton: Got it. Ms. Slazyk: -- but you can say, if it's done -- Commissioner Winton: Perfect. Ms. Slazyk: -- you must participate. Commissioner Winton: Thank you. That's whatl -- so, my motion would include the conditions that have been read into the record prior and that condition. Ms. Slazyk: Yeah, the applicant shall participate in any parking coordinating efforts on the island. Commissioner Winton: Perfect. Chairman Teele: Would you yield, Commissioner Winton? Commissioner Winton: Yes, sir. I'm done. Chairman Teele: On the latter point that Commissioner Winton has raised, and that is, the issues associated with the parking, in this instance, and the concern for the other parties that are on Watson Island. I'm in total agreement with everything that Commissioner Winton has said. I do think that that discussion could -- I think that that discussion, in some ways, could suggest that that is the extent by which these discussions should be held. That is, I respect Parrot Jungle, I think. I've not been there yet, but I plan to go. I'm looking forward to the -- going -- getting to the Children's Museum, and to determine whether they are complying with the requirements that they promised faithfully to reach out to the children in the -- in all five districts of this City ofMiami Page 149 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 community, and ensure that the summer programs would positively incorporate kids from all neighborhoods, and not just those whose fathers and mothers have Lexuses and Volkswagens that can get to Watson Island, as was promised, but the concern about parking and the concern about this whole mobility issue goes well beyond just those two participants, and I would -- again, I would hope that as we talk about the parking issue and we talk about the mobility issues, that we would not limit those discussions to just the people on the island, because the fact of the matter is, what's the first -- Ms. Krueger, what's the first stop as you go toward Miami Beach, what's the first island? Biscayne Island? The people in Biscayne Island are just as much affected -- the residents of Biscayne Island, who have to go through there to get home, are just as much affected as the Parrot Jungle people, and what's the second island? Well, somewhere is Star Island down there. Commissioner Regalado: Palm, Palm. Chairman Teele: Palm Island. Well, I shouldn't enter into this. That's very inappropriate on my part, but there are a series of islands. I was invited, I think, once or twice to one of those islands, and I haven't been invited back. I hear that the Mayor -- the Manager goes over there all the time to those various islands, butt know that people like Gloria Estefan, people -- a number of people, celebrities live on those islands and, you know, as great as Key Biscayne and that causeway is, and as wonderful and as great as the Lipton Tournament and that tennis facility that Joaquin Avino was the architect, the godfather, and the man that made it happen, and I don't think the County has recognized enough what Joaquin Avino did. I couldn't vote for the Lipton Stadium because of the impact it was going to have on the residents of Key Biscayne, and it's turned into a very difficult issue and, as a result, Johnny -- just so that you know what the issue is -- as a result, the people in Key Biscayne, because of the Lipton Stadium, which is the finest stadium in the country, voted to secede from the County, and that was the thing that created the energy to get the Village of Key Biscayne so outraged, because it was on their way home, and there's nothing more sacred and personal than going home after you've finished a long day's work, and then get caught up in a traffic jam. Commissioner Winton: Yeah, so we ought to -- so, yeah. Chairman Teele: So, my only point is, is that if we're going to do -- Commissioner Winton: And what are they going to do about events all weekend, in Miami Beach, so that they don't -- Chairman Teele: Well, I can tell you what happened this past -- I can tell you what happened on Sunday night, on the 4th of July on Watson Island, where I made the mistake of leaving from the Gusman and going on Miami Beach to have a meeting. It took me an hour to get onto the beach, and I understand the traffic after the fireworks was over an hour getting off and that's with nobody there. That's with what you got now, and the people are primarily parking to watch the events at Bayside, the fireworks at Bayside, but these are very real problems, and I just think we need to be very, very conscious of that and need to be conscious of the impact and the unintended consequences of our decision. Let me make my point, and then I'll be more than happy to yield. It was my understanding that the staff was directed -- a resolution was passed to have an interlocal agreement, as a part of this tonight, and that is the interlocal agreement that we voted and approved to move forward with the City ofMiami Beach and the City ofMiami doing a study that is not a part of the MUSP, OK, but was to be done. Now, I have the record of the action ofJuly 7th, by the City Beach Council Commission ofMiami, approving the recommendation and action of the City ofMiami to direct their staff to do an interlocal agreement. They have an interlocal agreement attached, so -- Commissioner Winton: But we didn't -- City ofMiami Page 150 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Chairman Teele: But we don't have one on our agenda. Commissioner Winton: We made no condition, no condition tied to that interlocal agreement about timing relative to this MUSP approval. In fact, I said specifically that would not support that. Chairman Teele: Commissioner, I don't know what part of "it is not" you didn't hear, butl said it in the beginning, I said it in the end, that that study is not a part of the MUSP, but it would travel, as a companion, at the same time as this MUSP action. In other words, we directed staff last week to return to us with the interlocal resolution, OK, which has been acted upon already by Miami Beach, and it is not a part of the MUSP, but it is a companion document, much like we're taking from Parrot Jungle, or much like we're taking from these other people, and all that I'm saying is, I heard what you're saying on parking, but don't want that to become the limitation of our examination because that's -- Commissioner Winton: Well, that's not -- yeah. Chairman Teele: Because the rule of law is -- Commissioner Winton: I don't disagree. Chairman Teele: -- when you list something and -- when you list something and you specify it, and you don't add more, then that's the limits of what it is we're doing. Commissioner Winton: I'm not in disagreement with you, at all. Chairman Teele: OK, and I just intend -- Commissioner Winton: You have -- Chairman Teele: -- after this is taken -- Commissioner Winton: You have the boat show. You have the boat show. You have the fireworks. There's other things, and that ought to be included, and I don't disagree with that. Chairman Teele: All right, and I just intend, after this is taken up, to approve, in principle, the interlocal agreement, as passed by the City ofMiami Beach, so that we're all moving down the same road. It is not tied to the interlocal agreement, and I'm issuing now a letter, or a memo, to each of you, as my colleagues, that outlines my concerns about this entire project in the context of one issue, the whole transportation study, so we'll take that up at the time that that -- that we act on this and we do that motion. Commissioner Winton: No, I agree. Commissioner Regalado: And on the letter that have that you sent and I just read it is -- also, there's an important issue here. If the bond -- general obligation bond would be approved by the voters, that would include the funding for the tunnel, and you're asking also some question about the impact of a tunnel from Watson to the Port ofMiami, and I think it's important that we discuss that, because we never know if the bond issue is going to pass or not but, certainly, the money for the tunnel is allocated in the bond issue, so -- Vice Chairman Sanchez: You're handing something out? Commissioner Regalado: Huh? City ofMiami Page 151 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Vice Chairman Sanchez: Are you handing something out? No, no. Commissioner Regalado: Me? Chairman Teele: I just signed a document. I don't know if -- Commissioner Winton: It just got handed to me. Chairman Teele: It's being handed out right now. Vice Chairman Sanchez: Yeah, I didn't -- Commissioner Regalado: I got it. Vice Chairman Sanchez: Oh, you got it? Commissioner Regalado: I got it. Vice Chairman Sanchez: I don't have it. Commissioner Regalado: I just said I read it. Chairman Teele: Huh? Mr. Arriola: I don't have it. Vice Chairman Sanchez: Could I get a copy of it? Chairman Teele: It's in your office, apparently. I don't know. Somebody -- Commissioner Regalado: Here. Chairman Teele: -- a little tired tonight. Commissioner Winton: Just got handed to me also, but I'm assuming that it says what Commissioner Teele just said, so -- Commissioner Regalado: Mr. Chairman. Commissioner Winton: Are there any other comments? We need to -- Commissioner Regalado: I -- Commissioner Winton: Can we move this along? Commissioner Regalado: You know, this -- I think everybody supports this project, but what happened in Watson Island on Sunday night, July the 4th, it's important for the developers, for the museum, for the fishermen that are still there, for Parrot Jungle, and for the face ofMiami. Watson Island will be, when it's done, the face of the City ofMiami, the gateway and the crown jewel, but as Commissioner Teele was saying, hundreds of people decided not to go and park in Bayside, and they went to Watson Island, parked their cars there, but took hundreds of hundreds of bottles of beer, all kinds of -- they even lit barbecues there, and when they left on Monday, Watson Island was a total mess. The City did not pick up the trash and the garbage, mind you. My understanding is that the fishermen and also the employees of the Children's Museum picked up bags and bags and bags of trash. This is the same thing that happens whenever the boat City ofMiami Page 152 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 show is in Miami Beach, trash all over. The City should address the issues now in Watson Island if we want to show that the City has changed for the better. There is still homeless living in the hole near the bridge. Robberies -- Commissioner Winton: Well, there's homeless all over downtown, so what the hell's the difference? Commissioner Regalado: No, but they live in that -- there is a cave -- Commissioner Winton: I know that. Commissioner Regalado: -- and they live there. Commissioner Winton: But there's a million little caves downtown. Commissioner Regalado: No, I know, but -- I mean, Johnny, the thing is that we have a police officer in detail in Parrot Jungle. The robberies and the vandalism to City property and the boats and the yachts that are still there, it's rampant; it's a shame, and the problem, you know what, is that many people do visit the island and they want to know about the project, and they want to know what's going on there. The museum is getting everyday more and more visitors, and to see the frash and the garbage around, it's very sad. It doesn't look good in Miami. Commissioner Winton: Right. Commissioner Regalado: And so, you know, some kind of effort -- I mean, Commissioner Teele was talking about interlocal agreement. I mean, some kind of effort must be done, either by the developer, by the City, by joint effort Parrot Jungle, just to keep that place clean. It's not that difficult, and the other thing that I wanted to put on the record is that, you know, to me, the Children's Museum, to me, is the best deal this City Commission has ever done because they got the money, they built it -- they built it in an expedited way, and just there are many, many children from throughout the City using the museum. Hopefully, our good friend, Art Noriega, will enter into an agreement with the museum so we can have the young employees, who are, all of them, from the inner city, Hispanics and Afro-Americans, to park without being charged as much, and the second issue is the fishermen. The fishermen met with the City Attorney and they decide and made a commitment to withdraw any and all legal cases against the City, against the developer, against Flagstone, and they are doing so -- my understanding is that they did it yesterday, and they just want to be there, and I think that the City and people from Flagstone should help in order to relocate them, if there is a need, in the same island, so, Mr. Chairman, that's the comments that I wanted to make, but I think, you know, the City should make a commitment to clean Watson Island, you know, while there is construction. I went there Monday morning after the 4th ofJuly. It was very sad to see so many garbage, so many trash, so many broken bottles in a place that would be the prettiest site in South Florida. Thank you. Chairman Teele: All right. Commissioner Gonzalez: All right. Chairman Teele: Commissioner Sanchez. Vice Chairman Sanchez: No, no comment. Chairman Teele: Commissioner Gonzalez. Commissioner Gonzalez: No comment. City ofMiami Page 153 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Chairman Teele: I would just like to clarify for the record, Madam Director -- Planning Director, I think -- Arriola: She's here. Chairman Teele: -- or Lourdes, I'm sorry. Mr. Arriola: Oh, Lourdes, OK. Ms. Slazyk: I'm here, I'm here. Chairman Teele: There have been several comments regarding the height of the structure that was approved by the Blue Ribbon Committee and, subsequently, approved by the City Commission. What was exactly the height that was submitted by the applicant, approved by the Commission, and taken to the voters? Ms. Slazyk: Actually, Lori is probably going to -- I'm not familiar with the height in the RFP. I've got the major use. Maybe Lori can answer that. Mr. Arriola: Lori. Chairman Teele: Lori. Ms. Billberry: OK. The Lighthouse Hotel, in the RFP, was 413 feet high. It's now 530 feet -- 35 feet total roof height, and the Spinaker or -- Chairman Teele: Excuse me. Would you just say the numbers again? The original proposal -- is this the one that went to the voters, or is this the one -- were there any changes, after we approved it, before we put it on the ballot? Ms. Billberry: No. Chairman Teele: So what we approved went on the ballot? Ms. Billberry: Correct. Chairman Teele: And what was the number that went on the ballot? Ms. Billberry: It was the 413 foot height on the RFP proposal, and the MUSP today is 535 feet for the lighthouse. Chairman Teele: Well, I don't think -- do we have staff testifying or lobbyists? Ms. Billberry: Well, they're frying to clarify because some of the -- when they gave the original 413 foot height in the proposal, they were saying that that did not include certain elements, such as the mechanical rooms -- Chairman Teele: Well, what is the four corners of the document? What does the four corners of the document say? 413 is 413. It's sort of does "is" mean "is," or does -- you know. Does 413 Ms. Billberry: I could have the architect -- Chairman Teele: -- mean 413? City ofMiami Page 154 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Ms. Billberry: -- clarify that, just -- Steven Larusso: Hi. I'm Steve Larusso with Spillis Candela. I can probably straighten it out. The original height -- Chairman Teele: Excuse me. I'm -- I don't want to open this up. I'm dealing now with staff. I don't think that would be -- just give us your best. Ms. Billberry: All right. The proposal is 413 for the Lighthouse Hotel, and the MUSP is 535. Chairman Teele: 535. Ms. Billberry: Correct. Chairman Teele: OK. Ms. Billberry: That goes -- including all mechanical rooms, everything. Chairman Teele: And the other tower? Ms. Billberry: The Wave Hotel was 323 feet, and is now 375 feet. Chairman Teele: 323 and 373, so a 20 percent -- what's -- I'm not good in math. What's the difference between 400 and 500, in percentages? Is that a 20 percent or a 25 percent? Ms. Billberry: 25. Chairman Teele: Is it a 20 percent or a 25 percent? Ms. Billberry: 20 -- 25, they're telling me. Chairman Teele: Huh? Ms. Billberry: I'm bad at math, too, sometimes. 25. Commissioner Gonzalez: It's over 25 percent. Chairman Teele: So, a 25 percent increase is not viewed as substantial? Ms. Billberry: We're looking more at the overall room counts. The details of the heights were not included in the actual ballot. Chairman Teele: Well, let me ask you this: Did the profile -- and this is a more tricky question, and I'm not frying to frick anything up now -- but does the profile -- is the width of it narrower -- in other words, what was the width of the two towers in the propose -- in their proposal? Ms. Billberry: I'm sorry. I don't have the width in front of me. I have the proposal, if you want to give me an opportunity to get that for you. Chairman Teele: I absolutely would like that. Commissioner Winton: Well, the Manager answered these questions because I asked him earlier, and either the answers are in error, or we're asking them twice. Mr. Arriola: I told you the square feet. City ofMiami Page 155 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Chairman Teele: The Manager asked -- Commissioner Winton: I asked the Manager -- Chairman Teele: I didn't hear that in the testimony. Commissioner Winton: -- these questions before I made a motion. Chairman Teele: On the record? Commissioner Winton: On the record. I asked him about the height of the two buildings, before and after, and I asked him about floor plate size, and that was on the record, before I made a motion. Well, I don't know why we're going through it twice. Chairman Teele: Because the numbers don't make sense to me. I mean, I'm not making up the numbers. Just for the benefit of those persons that are here with the CRA (Community Redevelopment Agency), the notice and the motions said that the CRA meeting would be at -- is it 6p.m.? Commissioner Gonzalez: 6p.m. Chairman Teele: Or -- Commissioner Regalado: (INAUDIBLE) Chairman Teele: -- or when the Commission meeting is completed. That was the original motion; 6 or when the Commission meeting is completed. Commissioner Winton: Let me give you the numbers that looked at, which was a part of their original proposal. You remember the books we got? Chairman Teele: Yeah. Commissioner Winton: I went back and looked at the books. Chairman Teele: Which book? We've had three different books. Commissioner Winton: No. When they -- when Island Gardens presented their plan to us -- Chairman Teele: At the -- Commissioner Winton: -- originally, we had -- I don't know. Chairman Teele: You're talking about right after the Blue Ribbon Committee? Commissioner Winton: Yes, when we had choices to make, and they came in with four bound books, or five bound books of their whole project, so I pulled one of those books and looked at it to see what the height of the building, each of those two buildings would be, and then I compared it to what's in the MUSP, and so, in one of the buildings -- and I have in their original proposal - - and I don't know what changed after that. I just went to the original book that got them to the win zone, and I don't know between the time they won the RFP and -- Chairman Teele: But is the original book in the record that we have before us now? City ofMiami Page 156 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Commissioner Winton: It has to be because it's -- Chairman Teele: I know that we had it -- Commissioner Winton: -- part of the original record. Chairman Teele: Yeah, but it was part of the record when it was going from the Blue Ribbon Committee to the vote. Commissioner Winton: Correct. Chairman Teele: But that document has not been submitted. That's what I'm trying to clarify. Commissioner Winton: Submitted to whom? Chairman Teele: To us. The document -- Commissioner Winton: That was submitted to us. We each got a package. Chairman Teele: But that was be -- Commissioner Winton: We got a copy of that. Chairman Teele: That's not this proceeding, Johnny -- Commissioner. That's not this proceeding. Commissioner Winton: Well, but what I wanted to understand is what was presented to all of us originally, and where they are today. That's what I was interested in, because that was the original basis upon which everything went forward to the voters. Chairman Teele: I understand, but that's what I'm frying to establish as to what's in the record. The three books that we've received from them now -- we've had three books from them in this record, to my knowledge. I did not receive the original book in this record. Commissioner Winton: No, no. That's correct. Mr. Maxwell: I understand that it was presented. Ms. Burke: It is included. Commissioner Winton: That is correct, Commissioner Teele. You're -- Mr. Maxwell: It was presented. Commissioner Winton: I went back and got mine. Chairman Teele: Well, you need to be careful how you say that on the record, Mr. Attorney. You need to talk -- you need to -- you don't want a Commissioner to say he went and got something -- Mr. Maxwell: No, no. I wasn't referring to that. Commissioner Winton: It's in my files. It's a public record. Chairman Teele: But it's not in this record. We are judges now. We are quasi -- we're sitting as City ofMiami Page 157 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 judges. Mr. Maxwell: Mr. Chairman, I -- Ms. Burke is advising me separately that -- Chairman Teele: So you're going to now -- Mr. Maxwell: Yeah. Ms. Burke: We already -- Chairman Teele: Ms. Burke. Ms. Burke: It was in the record that we submitted -- Chairman Teele: Ms. Burke, I am not going to open up this testimony to anybody from the public. If Commissioner Winton would like to ask you a question, that is his right, but what we can't have is you having a unique right to come up and talk and nobody -- and I'm telling everybody else they can't talk. Commissioner Winton: Well, from my viewpoint, I think the -- if -- I've asked the question. If you want to hear it again, then I'm willing -- I don't care who can bring the information; I just want the facts. Put the facts on the table, and I think that's what you're looking for -- Chairman Teele: But, Commissioner, that's -- Commissioner Winton: I think that's what -- Mr. Arriola: Yeah. Chairman Teele: -- that's what I'm asking. Commissioner Winton: I agree with you. Mr. Arriola: OK. Chairman Teele: I just want to make sure that the facts are the same. Commissioner Winton: Right. Mr. Arriola: The room count is exactly the same and the square feet is exactly the same. Chairman Teele: I haven't asked the question, one, about room count, and I haven't asked one question about square feet. I've asked about two things: height and width. Because that's what the people who live on Venetian Causeway are going to open their windows and look at. They're not going to look at the room count. Commissioner Winton: Well, that -- Chairman Teele: They're going to look at the height and they're -- Commissioner Winton: Commissioner, with all due respect, we had this discussion. Now, you were sitting there -- ask them -- you were sitting there. We had the discussion. I made the point about that. I made the point about the fact that -- Chairman Teele: Then why are the numbers changing? Don't get upset with me. City ofMiami Page 158 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Commissioner Winton: I -- I'm only upset that it's 7:30 at night. This should have been -- we should have voted already. The discussion that you're bringing to the table right now, we had on the public record with you sitting there. Chairman Teele: Commissioner, I have not had any discussion on this item tonight or the other day, other than transportation. Commissioner Winton: I did. I brought this point up -- Chairman Teele: I didn't agree with the information they were giving you, when they were giving you numbers. Commissioner Winton: 30 minutes ago, 40 minutes ago, whatever that was? Chairman Teele: When they were talking to you, I did not agree -- Commissioner Winton: Well, that was an hour ago, frankly. Chairman Teele: -- and that's why I'm frying to get this straight. Commissioner Winton: Well -- Chairman Teele: Because people will answer the question that they want to give you the information for, as opposed to the question you're asking. Commissioner Winton: Then I'm going to give you, on the record, my numbers, and see if they have different numbers, and that's going to go on the record. Chairman Teele: And that's between you and me, and I -- I mean, I respect that, but please don't get upset with me -- Commissioner Winton: I'm -- Chairman Teele: -- because I'm asking simply -- Commissioner Winton: I'm not about to question it at all because, as I said earlier, I said you have -- you deserve the answer. I don't know why the huddle's going on, but I'm going to give you my answer; see if they come up with the same one. I looked at their original book, because I wanted to know that same answer, whether -- I don't -- I want only the facts, and I don't care if, you know -- I got them. The book -- on the Lighthouse Hotel book, their original proposal was 413 feet. I don't know how that was defined. I didn't ask how it was defined. I don't care how it was defined. The current roof height is 535 feet;; that's the building that jumped considerably in height. The other building, original proposal was 323 feet;; current is 375 feet, so there's a 50 foot jump in that building -- Chairman Teele: The numbers are very close. I -- they just told me 373; they told you 375, but those -- Commissioner Winton: Yeah. Chairman Teele: -- good enough for government work. Commissioner Winton: And so, the question that I then asked on the one that jumped from 413 to 535 was whether or not there was additional square footage in that building, because to get City ofMiami Page 159 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 increased height, if you have the same floor plate size -- to get increased height in the same floor plate size, you have to get increased square footage, but if the square footage is the same, you have to shrink the floor plates to go up, to end up with the same square footage, and the shrunken floor plates means that you create a taller building that provides better view corridors, instead of a shorter building that's wider, and that's what this does, and that's the answer that I got on the record. Now, do you still have the question? I'm just giving you my answer in terms of the information that I gathered. It's up to them to give you an answer that satisfies your question. Vice Chairman Sanchez: All right. Chairman Teele: Did you have the answer to my question? Ms. Billberry: In response to your question on the width of the building, the proposal itself did not have the width defined in it. It's been estimated to be about 80 feet on the Lighthouse Hotel, and now it's down to 60, and on the Wave Hotel, it was approximately 80, also; now, it's about 65. Commissioner Winton: And frankly, Commissioner Teele, for your benefit, width, width, it's floor plate size, not width, because you could still be tricked. The real question is what was the floor plate size? That is the determining issue about whether the building got taller or skinnier, because it could -- by the way, width could be this, you know. It could have gotten longer this way and narrower this way, which still could be a big blocker of view corridors. It's floor plate size that makes the difference in terms of whether you create better view corridors. Chairman Teele: All right. Vice Chairman Sanchez: All right. Chairman Teele: I don't -- I mean, Commissioner, I don't want to upset you about this at all. All I'm -- I want -- I don't have any more questions. Vice Chairman Sanchez: Mr. Chairman, I do. I have -- Commissioner Winton: You have not upset me, Commissioner Teele. I'm not upset at you at all, at all. Vice Chairman Sanchez: Mr. Chairman, I have a question. Chairman Teele: Further discussion. Vice Chairman Sanchez: I have a question pertaining to this proposed interlocal agreement. Has the administration had the chance to look at this and -- Chairman Teele: Look at what? Vice Chairman Sanchez: At the proposed interlocal agreement, the one that you presented. Mary Conway: Mary Conway, Transportation. The interlocal agreement, as proposed by the City ofMiami Beach, yes, we have looked at that. Vice Chairman Sanchez: And what is your conclusion on this? Do you have an opinion on it? Ms. Conway: Are you referencing the Commissioner's letter? City ofMiami Page 160 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Vice Chairman Sanchez: No, no, no, the interlocal agreement itself. Ms. Conway: We have been partnering with the City ofMiami Beach. We'll be making a joint application. There's a July 23rd deadline to the MPO (Metropolitan Planning Organization) requesting funding for a joint traffic study to look at McArthur Causeway and all of the committed developments, existing traffic, proposed (UNINTELLIGIBLE) traffic. We will also be sending a letter of request to the Florida Department of Transportation requesting their assistance with a traffic study. Regarding some of the points that the Commissioner has raised in the letter that was -- Chairman Teele: Nothing on that -- in that letter is in the MUSP. It's not before us. That's why I didn't discuss the letter -- Ms. Conway: OK. Chairman Teele: -- because it's not a part of the MUSP, and I don't think we ought to confuse the record. That was my commitment to the Manager. As soon as this item is voted upon, we can discuss the letter, I think, but -- Commissioner Winton: Right. Chairman Teele: -- I think to discuss that in the context of the MUSP would confuse the record, but let's discuss it right after we vote on this, because nothing in this letter is a part of the MUSP, or intended to be. Vice Chairman Sanchez: All right. Commissioner Winton: Call the question. Chairman Teele: Madam Clerk, call the roll. Ms. Thompson: Roll call. Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Vice Chairman Winton -- Commissioner Winton: Yes. Ms. Thompson: -- I'm sorry. Vice Chairman Sanchez? Vice Chairman Sanchez: Yes. Ms. Thompson: Chairman -- Commissioner Winton? Commissioner Winton: Yes. Ms. Thompson: Commissioner Gonzalez? Commissioner Gonzalez: Yes, ma'am. Ms. Thompson: Chairman Teele? Chairman Teele: No, ma'am. The item is adopted on a vote of 4/1. I would yield to the Vice Chairman, and I would ask the motion -- for the right to make a motion regarding the interlocal City ofMiami Page 161 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 agreement. Vice Chairman Sanchez: There's a motion. Commissioner Regalado: Second. Chairman Teele: My -- Vice Chairman Sanchez: There's a second. Open for discussion. Chairman Teele: My motion is, essentially, that, as contained in the letter, that the interlocal agreement be made available for the Miami -Dade County Public Works Department as the representative of Fisher Island, or the residents on Fisher Island, and that the MPO be made an inter -- a party to the interlocal agreement, at their option, in that they are the sponsors of Baylink, and also that the Florida DOT (Department of Transportation) be invited to be a participant in the interlocal agreement, in that it is an interstate highway, where they have jurisdiction, and as -- again, as I've stated, that the letter just raises concerns; that the letter should be a part of the record relating -- an attachment to the MPO agreement, so that those concerns can be addressed, and I would like to just read one issue into the record, which shows how much I do love and respect Commissioner Winton, and that's number five, and it says, "Parking, parking, parking is a major problem throughout the City. The updated assessment should include a clear methodology, mitigation and recommendations to ensure both mobility and vehicular amenity," and again, we have a problem all over this City, and it's one thing to talk about the traffic, but it's another thing not to deal with the parking problem once you get cars there. I'm not getting into any of the technical issues, like the methodology included a discount for bicycles and -- Ms. Conway: Standard transit reductions, yes -- Chairman Teele: -- standard transit reductions. Ms. Conway: -- the City ofMiami Beach uses, as well, typical. Chairman Teele: You know, it's typical in an urban core, along the boundary of the bay, butl don't think -- I have -- I go across the Venetian Causeway and the McArthur Causeway, and I don't think I've ever seen a bicycle on the McArthur Causeway, and to take a reduction for that, to me, it just defies my training, and at least the way the professionals explained it to me when I was in Washington for something like that, and I support bicycles, but don't want to -- I'm just saying, let's just look at it -- Ms. Conway: Sure. Chairman Teele: -- but whatever comes out of it is not a condition of the MUSP because, to me, it's really not about this project. It's about the citizens and the -- Commissioner Winton: The whole area. Chairman Teele: Say again? Commissioner Winton: The whole are. Chairman Teele: The whole area; Fisher Island, the people off of the McArthur Causeway, those places where I never get invited, and the fine people on Venetian Causeway that -- where I used to jog when I was 40 pounds lighter, so I'm concerned about that. City ofMiami Page 162 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Commissioner Winton: And I read your letter, Commissioner Teele, and I think this letter is well thought out, well written, and I think that pulling all of the affected properties, including getting FDOT (Florida Department of Transportation) to the table, and the MPO to the table, I think is in the best interest of everybody involved, so I have no quarrel with your letter whatsoever. Chairman Teele: And I would ask, as an amendment to the motion, that the letter be made an appendix to the interlocal agreement so that at least those issues can be addressed. Commissioner Winton: Correct. Ms. Conway: That's fine. The majority of the specific issues raised in this letter have already been addressed. These are -- most of these issues are the initial issues raised, so we will make sure that these are addressed, and any other concerns are addressed globally for the causeway. Chairman Teele: Well, again, I think having everybody at the table -- my underlying concern is the methodology that it was addressed with, but don't want to argue that point. I just think if we can get an update, we can all move forward. I'm very concerned about the impact on Parrot Jungle, and that -- and nobody raised it, and I'm just going to say this. I was going to raise the point, but didn't want to get into a discussion, Commissioner. I would hope that there's a mitigation planned for the birds, and please don't laugh. Commissioner Winton: For the what? Chairman Teele: For the birds on Watson Island. That was one of the things I was going to address, Commissioner -- Commissioner Winton: Winton. Chairman Teele: -- in this, but don't want to leave it -- I suffer with a serious pulmonary defect, and when I cough, I don't have a cold. I -- my lungs don't get enough oxygen -- my lungs don't purify enough oxygen, and a lot of people that know me call me sort of the canary. If there is something in a room, I smell it before anybody else does. I mean, three, four, five minutes, because it immediately affects me. Birds have a unique -- I don't know if they have a pulmonary system. I didn't pass zoology, so I won't get into the reason that I'm not a doctor, even though I started in Pre-med, but birds have a unique respiratory tract, and the construction in some of these constructions sites is very important, andl would hope that, somewhere along the line, there is a mitigation plan on the construction, particularly, the dust and the cement, or concrete, that the birds are protected, and I hope that the developer will work with Parrot Jungle to ensure that because, as you know, the old saying, you take -- the miner takes the canary down into the shaft because the bird is going to die first if there's a problem with the oxygen, so with that, those are the only comments that had, particularly, as it relates to the transportation study. Vice Chairman Sanchez: All right. There's a motion and a second. Hearing no further discussion -- Ms. Thompson: I'm sorry, sir. I don't have a second. Vice Chairman Sanchez: Sir, you need to come up and state your name for the record. Robert Zimmerman: Robert Zimmerman, 1000 Venetian Way. The interlocal traffic study does include the Venetian Causeway -- I want to confirm that -- right? Chairman Teele: Not in my motion, sir. Mr. Zimmerman: Oh. City ofMiami Page 163 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Chairman Teele: No, sir. The -- Commissioner Winton: But it didn't in our original, did it? Mr. Zimmerman: I thought -- Chairman Teele: It's not my understanding that the original study did not include it. All that I'm asking for is that the Public Works Department of the County, which owns the Venetian Causeway, that the DOT, which owns I-95, for which this is an arterial, the City ofMiami, which, of course, has the right -- and the MPO, which, candidly, is the sponsor of Baylink, that everybody get together. I'm sure that if there is an issue relating to the Venetian Causeway, if the County Public Works Department will be involved, they will ensure that that element is addressed. Commissioner Winton: What did happen at the last meeting that will impact indirectly the thought process about Venetian Island is that from -- this traffic study that's going to be done is going to be done about the whole causeway, because the point that I made, and that a number of the Commissioners made at the last meeting is, the real principle fraffic problem is related to people getting on Miami Beach; it isn't getting onto this island. I go to Miami Beach all the time; he was there this weekend. It was people going there for 4th ofJuly, and for once, this study is going to pull Miami Beach into the fray, and so this whole mitigation issue related to McArthur Causeway is going to go from one end to the other, so that the entire causeway will be looked at, and mitigation to deal with fraffic, whatever the cause is, is going to be the issue that comes up, and when they deal with those issues, they look at whether or not there is an impact on adjacent roadways, so I think that the fact that this new study does the entire causeway, instead of just our end of it, is the right answer -- is the right process, because we're going to get the right answers coming out of that one. Vice Chairman Sanchez: Let's -- Mr. Zimmerman: But, it -- Vice Chairman Sanchez: Yes, sir. Go ahead. Mr. Zimmerman: Sorry, but, Mr. Winton, if you don't include the Venetian Causeway in this study specifically, is it not possible that, say traffic might not be measured on that causeway, or it might not be -- because when the McArthur gets busy, traffic automatically diverts to Venetian, and our causeway gets very, very busy. I'm concerned if it's not included as part of the actual study, that the measurements won't be completely accurate. Vice Chairman Sanchez: All right. Let's -- Chairman Teele: It's an excellent point, but it's not -- it's an excellent point, but it's not contained within the original study, nor is it contained within the motion that is on the floor. Commissioner Winton: I'm going to meet with Mary afterwards and talk to her about this issue, and it may be something I bring back at the next Commission meeting, because I want to talk to her about that -- Vice Chairman Sanchez: All right. Call the question. Commissioner Winton: -- issue. Chairman Teele: Call the question. City ofMiami Page 164 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Mr. Zimmerman: Thank you. Vice Chairman Sanchez: The question has been called. Ms. Thompson: I need a second, please. Vice Chairman Sanchez: The maker of the motion is Commissioner -- Chairman Teele; the second -- it was Tomas Regalado who second it. It was open for discussion. Chairman Teele: As amended. Vice Chairman Sanchez: Publicly debated, as amended. Hearing no further discussion, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. Now, let me just state this for the record. I'm all in favor of bringing everyone to the table, because I think it's a global issue to address the traffic situation, but for every action, there is a reaction and, you know, we are also faced with situations that have been caused by others, to be very honest with you. Not pointing the finger at Miami Beach, god bless them with development and what they've done out there, but they've done things that affect us, and we are willing to work with them, and we have never gone out -- I just want the people that come to the table to come to the table to find solutions to the problem, not come to the table to try to kill this project for the City of Miami, and there are those, like in everything, that whatever you could say, maybe malice intent, they will come to the table to try to derail this project, which I consider it to be a great project. I want to work with everybody so everybody could be happy. That's not going to -- that's -- it's never going to happen. The Baylink construction that goes on, you're going to have -- it's going to affect everyone and, you know, people are always going to have an opinion, and they're entitled to it. Great god almighty, we live in the greatest country in the world where you could come and state your opinion or disagreement on anything, but let me just say, I could support this as long as we have people that are coming to the table to try to find a reasonable solution to the problem, not to come to the table to try to derail this, and try to kill this project. That's all that I wanted to state on the record because Miami Beach was here, and with all due respect, I visit Miami Beach. I've never been in front of their Commission, but you know what, I would think about going to -- in front of their Commission to fry to derail or stop a project that was significant to their City, and we've -- happened here twice. It happened with Raceworks, when we had Homestead come here in front of this Commission frying to kill a race, and now that we're having another city come in front of us. Well, it's only happening because Miami's moving forward. I think we're taking a leap into the 21 st and second century. Miami's a new city with great hopes, and we're making those right decisions, so I just wanted to state that, because I guarantee it, I just don't want anybody to be putting -- as we walk down the path, you know, that we don't end up walking through a field of mines. Commissioner Gonzalez: That's right. Commissioner Regalado: Mr. Chairman, ifI may? Just on the -- Commissioner Gonzalez: All right. Chairman Teele: Are we on the next item? Commissioner Regalado: No. We are on this item. City ofMiami Page 165 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Chairman Teele: Commissioner Regalado, yes. Commissioner Regalado: We're talking about the fraffic and -- Chairman Teele: Yes, but we actually have finished it, but go right ahead. Commissioner Regalado: Just a brief comment. Chairman Teele: We're going to lose a Commissioner in about one hour. Commissioner Regalado: OK The City ofMiami Beach, like Commissioner Sanchez said, came before this Commission, and one of the complaints is -- that they had, they said that we needed signage and signs to direct fraffic. The problem is that we start -- we need to start talking to DOT because all of the electronic signs in McArthur Causeway are to promote clubs in South Beach, and that really is confusing for the people. In fact, the other day, there was an electronic -- one of those electronic signs that was blocking the sign -- the little sign that says "Parrot Jungle and Children's Museum -- Next Right," and that's not fair because I think that FDOT has always worked with the City, and they allowed Miami Beach to promote all the nightclubs, which is fine, but to block the only sign that we have to go into Parrot Jungle, if you miss that entrance, you have to go all the way to Miami Beach and come back, so that's just a request to the administration to look into that whenever possible. Chairman Teele: All right. Next item. Thank you all very much. If you're here on the item relating to the Island Gardens, the matter is fully resolved tonight. Thank you all very much for being here. Commissioner Gonzalez: All right. PZ.2 04-00296b ORDINANCE Second Reading 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. City ofMiami Page 166 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 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. Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele 12562 A motion was made by Commissioner Regalado, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioners Gonzalez and Winton absent, to instruct the City Attorney to engage outside counsel, with expertise in real estate matters and without conflict of interest with the City, to serve as a Special Master to review the complete record related to the Catalonia Project, particularly the issue of the alley, and to submit a written recommendation to be considered at the next Commission Meeting, which is currently scheduled for July 22, 2004; further requesting that said outside counsel be retained within the next 48 hours and that said law firm must be acceptable to the District Commissioner; further requesting that a copy of the written recommendation be provided to the Homeowner's Association at least three days before the July 22, 2004 Commission Meeting. Direction to the City Manager by Chairman Teele to ensure that a verbatim transcript of today's discussion on Item PZ.2 be delivered to the developer of the Catalonia. [Clerk completed this assignment on 7-21-04.] Direction to the City Attorney by Chairman Teele to provide Mr. Andrew Dickman, Attorney representing the Silver Bluffs Homeowners Association, with a written confirmation of when the final permits were issued for the Catalonia; further instructing the City Attorney to advise the City Manager and Administration of the importance of complying with the State's Public Records Law and to provide the media with the previously requested information. City ofMiami Page 167 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Vice Chairman Sanchez: Mr. Chair. Chairman Teele: It's 5 p.m., and the chair is yield to you, Mr. Vice Chair, to take up the items related to 27th Avenue, as promised. Vice Chairman Sanchez: All right. We're on a time -- was this time certain? Chairman Teele: Time certain of 5 p.m. Vice Chairman Sanchez: Time certain, 5 o'clock, and my great God almighty, we're starting two minutes before. All right. Commissioner Regalado, this is your item. Lourdes Slazyk (Assistant Director, Planning & Zoning): We're -- PZ.1 is actually Island Garden, so PZ.2 is the 27th Avenue second reading on the moratorium, for the 120-day temporary moratorium. This was recommended for approval by the Planning Advisory Board and it was adopted by the City Commission, first reading, on June 24th. We recommend approval. Commissioner Regalado: OK Mr. Chairman. Vice Chairman Sanchez: Yes, sir. You're recognized. Commissioner Regalado: Thank you very much. I think we have some residents here of the Silver Bluff and other groups. I don't know if we gave notice of this time certain to people, but I do know that there was a long debate -- where was it, yesterday in the PAB (Planning Advisory Board), last night? Ms. Slazyk: The -- that's actually PZ.3, that it went to the Planning Advisory Board last night, and there was some discussion -- not so much debate, but discussion about prior interpretations and that sort of thing, but I think -- Commissioner Winton: But is there -- Ms. Slazyk: -- everyone was pretty much in favor of it. Commissioner Winton: Is there a debate about -- This is the moratorium, right? Vice Chairman Sanchez: Yes. Commissioner Regalado: It is -- Ms. Slazyk: This is -- PZ.2 is the moratorium. Commissioner Regalado: This is the moratorium. Ms. Slazyk: Right. That was not at PAB last night. Commissioner Winton: So, are we trying to hold the moratorium up? I'm confused. Commissioner Regalado: No, no, no. I'm just saying that I saw a lot of residents yesterday -- Slazyk: Yes. City ofMiami Page 168 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Commissioner Regalado: -- and I'm confused about the time frame of what we promised, you know. Commissioner Winton: Well, I don't think any of them are opposed to us moving this forward quickly, are they? Commissioner Regalado: No, no, absolutely. They're not opposed. Ms. Slazyk: No, but -- Commissioner Regalado: Although -- Ms. Slazyk: -- you're correct, Commissioner. There were -- Commissioner Winton: So, you move it; I second and we get it going. Commissioner Regalado: Huh? Commissioner Winton: I said, you move it; I second and we get it going. Commissioner Regalado: Right. Vice Chairman Sanchez: There's no public hearing? Commissioner Regalado: And there is -- Vice Chairman Sanchez: Huh? Joel Maxwell (Deputy City Attorney): Yeah, a public hearing. This is PZ.2. Commissioner Regalado: The -- I'll just move -- Mr. Maxwell: Public hearing. Vice Chairman Sanchez: All right. There's a -- is there a motion? Commissioner Regalado: -- second -- the second reading of the moratorium -- 120-day temporary moratorium on the acceptance of applications for all development orders for development in excess of 40 feet in height, excluding such permits for the Southwest 27th Avenue Corridor, from Coral Way to U.S. 1, excluding such properties located on the west side, between U.S. 1 and Southwest 25th Street. So move. Commissioner Winton: Second. Vice Chairman Sanchez: There's a motion and a second. It is a public hearing. It is open to the public. All -- we need everyone who's going to be testifying in any of the PZ (Planning & Zoning) items to please stand up and be sworn in by the City Clerk. Excuse me? Unidentified Speaker: Any item? Vice Chairman Sanchez: On all the items, yes. Any item -- anyone testifying on any PZ item, please stand up and raise your right hand. Madam Clerk, swear them in, please. The City Clerk administered required oath under City Code Section 62-1 to those persons giving testimony on zoning issues (said oath was translated into Spanish). City ofMiami Page 169 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Priscilla Thompson (City Clerk): Thank you. Vice Chairman Sanchez: OK. How many will be speaking on this issue, on the moratorium? All right. Could you register your name with the Clerk's office, please, so you would have an opportunity to step up to the podium? When you do, could you please state your name for the record, and your address? Commissioner Winton: But can't we get some of them testifying before they check in with the Clerk? They don't have to check in ahead of time. Commissioner Regalado: Yeah. Vice Chairman Sanchez: Yeah. Ms. Thompson: Where's Mr. Sanchez? Mr. Sanchez has checked in. Vice Chairman Sanchez: Yes, sir. State your name and your address for the record. Humberto Sanchez: Good afternoon, Commissioners. Humberto Sanchez, 2130 Southwest 13th Avenue. Vice Chairman Sanchez: Two minutes, please. Mr. Sanchez: OK. Vice Chairman Sanchez: Try to keep it -- Mr. Sanchez: I think that, of course, there are issues that you need to address, and I imagine that that's the reason of the moratorium. Now, however, it appears to me that it's a very dangerous thing to do because, as a developer or as an investor, to bring a project forward, it takes some time, and it takes a long time, and in order to get there, there's got to be lots of time invested and, of course, lots of money. Now, when you change the rules in the middle of the game, that could scare away a lot of investors, and what could happen here in 27th Avenue in this moratorium could happen later someplace else, and -- Commissioner Winton: Actually, it already happened on Biscayne Boulevard, so -- Mr. Sanchez: Exactly. That's right, in your district. Now, I think that you have a valid issue that needs to be addressed. However, I believe -- and I'm respectfully requesting that you take in consideration those projects that had been brought forward to the Building Department that are not fully approved to be accepted on the moratorium. Because, like I said, later on, could be -- could happen someplace else, that you have somebody -- an investor comes in investing $50, 000, 000 and, in the middle of the game, hey, he's out, so I think that's a very -- Unidentified Speaker: Lourdes. Mr. Sanchez: -- serious concern that I respectfully request that you take in consideration. Thank you. Vice Chairman Sanchez: Thank you. Commissioner Winton: Thank you. Next. Vice Chairman Sanchez: Anyone else? Ma'am, state your name for the record. City ofMiami Page 170 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Sandra Cruse: Hi. Sandra Cruse. I'm here on behalf of many people, colleagues -- Commissioner Regalado: Your address, please. Ms. Cruse: 8585 Southwest 208 Street. I have great concern regarding the moratorium taking effect, when there are so many building projects in the pipeline in the City ofMiami, and there are major investors, major developers, major contractors, hundreds and hundreds and hundreds of workers who -- if permitting is stopped, especially with stuff that is in the pipeline, for a four -month period, when revisions need to be made on job sites and permitting is at a halt, those revisions will not be able to be completed. That means that project's going to be stopped. That means that the project managers, all the way down the pipeline, meet their deadlines. That means serious financial concern for many, many people, not only the people that live in the communities, but also the people who work in the community of which this moratorium takes effect, so I strongly oppose the fact that there is no grandfather clause for everything being submitted within a certain time frame. Once an application is submitted to City ofMiami, I feel that that application date should be the date of which this moratorium can begin. It can stop anything -- it will not stop anything in the pipeline, and there is major amounts of money, time and so forth on the line here for many people. Vice Chairman Sanchez: Thank you. Ma'am. Lisa Sacco: I'm just going to go ahead and restate a couple points that were sent -- Commissioner Regalado: Your name, please. Commissioner Winton: Your name and address. Commissioner Regalado: Name and address. Ms. Sacco: Lisa Sacco, 9804 Southwest 161 Place. Commissioner Winton: What's your address again? Ms. Sacco: 9804 Southwest 161 Place. I'm on behalf of Sandy Cruse, and also this letter sent to you from Truly Burton, from the Builders Association of South Florida. There's two points on this letter that was sent to you. "Dear Mr. Chairman and Commissioners" -- and I'll read point two and three -- "However, the proposed moratorium ordinance needs to be amended to include a grandfather clause. Now, there is no such clause. There are a few projects that we're submitting for approval prior to any discussion of a moratorium. It is inherently unfair for these projects to be penalized. These, and only these projects, should be allowed to proceed." And the third point she made was, `Respectfully, the proposed SD-24 ordinance has not received appropriate public input. We respectfully ask that the Commission appoint a short duration task force, comprised of affected property and homeowners, to review this draft ordinance. Then, with support ftom a board of -- segment of affected parties for your adoption, the matter can be placed properly before you for swift adoption." Thank you. Vice Chairman Sanchez: Thank you. Anyone else from the public? Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I wasn't going to say anything, but since many of these people are saying things, you know, with the Sewell Park issue, you know, telling you all what to do, and the Camillus House issue, everybody (UNINTELLIGIBLE). I don't want to say anything -- I'm not going to be in favor or against the moratorium. I leave it to the Commissioners. You were elected for that, and you have to make a City ofMiami Page 171 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Solomonic decision now, OK? You are in the hot seat now, not me. Vice Chairman Sanchez: Thank you. We're always in the hot seat. Commissioner Winton: And whoever thought you were, in the first place? Vice Chairman Sanchez: All right. Anyone else? We don't want to deny anybody the public forum. Ms. Thompson: Ms. Haber. Vice Chairman Sanchez: No. I think we have one more. Unidentified Speaker: For or against? Vice Chairman Sanchez: Huh? Unidentified Speaker: Is this for or against? Commissioner Regalado: For -- Vice Chairman Sanchez: Well, you could -- Commissioner Regalado: -- or against. Vice Chairman Sanchez: For or against. Commissioner Regalado: You can speak for, you can speak against. You can speak -- Vice Chairman Sanchez: Tucker, will you be speaking on this issue? Commissioner Regalado: We just don't want neutral people. Vice Chairman Sanchez: Hello, ma'am. State your name for the record. Karen de Nunzio: Hi. I'm Karen de Nunzio, and I live at 1868 Southwest 17th Terrace. I am the Vice President of the Miami Shenandoah Neighborhood Association, and I am for the moratorium, and one thing I hear repeatedly over is the fact that there have been laws in place that are outdated, that need to be looked at and re -addressed, and I think that this moratorium stands to that case so, obviously, I am very much in favor of the moratorium. Thank you. Vice Chairman Sanchez: Thank you. Joe Wilkins: Joe Wilkins, 228 Southwest 23rd Road, secretary of the newly formed Miami Neighborhoods United Coalition Neighborhood Association, andl know this is one issue that's been very close to the Silver BluffAssociation, and we do support them in that, and I also think it needs to be considered by some of these folks that this is a temporary moratorium, right? This is the pause so we can get our breath and get things done right, hopefully. Thank you. Vice Chairman Sanchez: Thank you. Anyone else from the public? Evelyn Haber: Hi. My name is Evelyn Haber, and I'm at 2462 Southwest 22nd Terrace, and I'm here to speak in favor of the moratorium. For months, the citizens and residents of Silver Bluff along with the citizens and residents of dozens of other communities in the City of Miami, have been fighting protection from bad urban development. We've been fighting for protection of our City ofMiami Page 172 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 quality of life; something that is clearly the intent of even our current outdated Code. Each community has had to deal with errors and delays in this protection. At every step, our issues and concerns have ultimately been dismissed by the current adminisfration and staff as evidenced by expeditiously issued development and building permits. This moratorium will, hopefully, help to bring about a smart development overlay for the 27th Avenue Corridor, or what's left of it, but what will protect us from the continued lack of regard by the adminisfration and staff as to the clear intent of the development codes to protect the quality of life of the citizens and the residents of the City ofMiami? We ask you, our City Commissioners, to show leadership and vote yes on the moratorium. Thank you. Vice Chairman Sanchez: Thank you. Commissioner Winton: We brought it forward. Hugh Ryan: Hugh Ryan, 1860 Southwest 11 th Street, president of the Miami Shenandoah Neighborhood Association. We encourage you to pass this moratorium. We believe it's a good first step in protecting the neighborhoods throughout the City, and thank you very much. Gary Haber: Good afternoon. My name is Gary Haber. I reside at 2462 Southwest 22nd Terrace, and I stand before you today to address the issues that have -- why the moratorium is here and our subsequent zoning overlay that we'll be asking for. Many of the current developers that have come into our neighborhood have had no regard for the neighbors' quality of life. Building setbacks are not thought out carefully. No neighbors' property should be devalued as a result of smart development. Developers have not even had the common courtesy to review their intent or impact with the neighborhood association. 27th Avenue has become a traffic -- fraffic is bogged down there many times. In the evenings, it's very difficult to cross the street to go to Publix, to go to Latin American for a coffee. Traffic in our neighborhood is already maxed out and enforcement is nonexistent. Schools are at maximum capacity. Fire hydrants are few and far between. This moratorium will allow all of us to address these many issues that are attacking our quality of life, but what happens after the moratorium and zoning overlay are in place? The community insists on fair interpretation of all zoning and building regulations, especially those in residential areas. The residents should be considered number one. Because when an alley becomes a major access for a building, without obtaining approval from the neighbors, which is required in our Code, and the front of the building becomes a side for one reason, and the side of the building becomes a front for another reason, and the back or the side, however you want to call it, is a detriment to our neighborhood, something is wrong, so I encourage approval of this moratorium. Let's sit back, think about it and make some right decisions. Thank you. Vice Chairman Sanchez: Thank you, sir. Anyone else? Sir. Arthur Edelblum: Yes. My name is Arthur Edelblum, and I live at 2530 Southwest 22nd Terrace. I've lived there since 1948 or '49. The neighborhood has started to deteriorate because of the condominiums that have been going up all over on 27th Avenue and Coral Way. I took some pictures to show you what's happening across the street ftom my house. We are having heavy fraffic continuously. You can't back out of the driveway without trying -- somebody trying to kill you, doing 60, 70 miles an hour. Across the street is a shopping center. They don't park in the shopping center, and they park right across the street ftom my house. If you have a few minutes, I'd like to pass out these pictures that I took to show you all -- Vice Chairman Sanchez: Sir, could you present them to the City Clerk, and she'll make sure that we see them? Mr. Edelblum: Yes. Vice Chairman Sanchez: Thank you. Did you finish? Why don't you finish and then, when City ofMiami Page 173 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 you're done, give it to her? Mr. Edelblum: I'm against it. Vice Chairman Sanchez: So you're in opposition. Mr. Edelblum: The traffic is impossible. Vice Chairman Sanchez: You're in support -- Mr. Edelblum: I don't want any more condominiums. Vice Chairman Sanchez: You're in support of the moratorium. Mr. Edelblum: I'm sorry. I didn't hear you. Vice Chairman Sanchez: You're in support -- Mr. Edelblum: Yes. Commissioner Winton: Of the moratorium. Vice Chairman Sanchez: -- of the moratorium. Mr. Edelblum: Yes. Vice Chairman Sanchez: Yes, thank you. OK. Commissioner Regalado: And ifI may, while you bring that. I am a resident, too. I live in 20th Sfreet, and what you say, I understand. I just want you to know that, completely independent of the moratorium, the City has almost finished a traffic study for the Silver Bluff area and the Shenandoah area, and that fraffic study will resolve -- probably you've seen in the last four or five weeks, that little cord crossing the streets on 22nd Terrace and 23rd, and 24th Sfreet, because the City feels and we feel that it is important to do a plan for traffic calming devices in the Silver Bluff and the Shenandoah area. We know that a lot of people try to avoid Coral Way, and they take your street, my street, you know. They zoom by. I had police clock drivers around 5, 5:30 on 21 st -- on 22nd Terrace and 23rd Street, the most critical, about 65 miles per hour, from one block to another, and -- Mr. Edelblum: They avoid the stop signs, huh? Commissioner Regalado: Absolutely, and we have accidents, and this is another issue, but I just want you to know that we will do something about the fraffic. We cannot close the area, but we will do something about traffic calming devices in the Shenandoah and the Silver Bluff area. Vice Chairman Sanchez: All right. The public hearing is closed at this time. We'll go ahead and -- I know there's a motion and a second. It's open for discussion. Commissioner Winton: Well, I'd like to make one comment, and that is -- I think, to a couple of the developers -- the fact of the matter is that this moratorium followed on the heels of the moratorium along Biscayne Boulevard, and if the development community, regardless of what our Code says -- we all know what the Code says. It's a total damn mess anyhow, but there's also a logic quotient, and the logic quotient that I think that the development ought to start thinking about on these major corridors throughout the City ofMiami is, what am I going to build against? If it's a single-family home, do I want that building up against my single-family City ofMiami Page 174 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 home where I live? And ifI don't want that building, regardless of what our Code currently says, ifI wouldn't want that building up against my own private single-family home, what would I build there that would work for me if my home was there, and I think if the development community would follow that logic, these battlegrounds that we're going through along these corridors while we're frying to fix our Code wouldn't happen, but what really happens is that the development community looks at our Code, takes maximum advantage of all the antiquated rules we have and builds stuff that is god -awful; that should never be built there; that no developer anywhere in this County would allow to be built up against their home, and they do it, and that development then destroys the value of the single-family home that's right behind it, and maybe the one behind that. That is patently wrong and unfair, so my message -- and I'm a cousin of and a partial developer, but it -- logic should prevail, and the development community can ultimately win if you pay attention to the logic of what's surrounding and what's against your property site, regardless of what our Code says, and there's the primary point. I know you can all talk about here's what our Code is -- Vice Chairman Sanchez: Public hearing is closed. Commissioner Winton: -- and that's why I could do it, but we're telling you -- Vice Chairman Sanchez: You've already spoken. The public hearing is closed. Commissioner Winton: -- that this won't be the last moratorium until we get our master plan done if we don't get some logic put into the thought process of the development community, as they're going along on these principal corridors, not in the areas like you have in west Omni, or in some parts ofAllapattah, or in Wynwood, and Brickell and downtown, because those are big areas zoned for this kind of thing, but when you're building along a principal corridor where the immediate adjacent zoning is R-1, that's where this battleground lies, and our job is to protect these residential neighborhoods, because they become and are the real foundation, long-term, to the success of our City, and so that's the only message I wanted to deliver to the development community. Vice Chairman Sanchez: All right. Any other -- Commissioner Regalado. Commissioner Regalado: Mr. Chairman, I would like first to get a vote, if you can, and then I would like to make a comment, but I think it's important first that we vote on the second reading for this moratorium to immediately start. Vice Chairman Sanchez: All right. There's a motion and a second. Any further discussion with the Commission -- Slazyk: I just -- I need one clarification. Vice Chairman Sanchez: Any further discussion from the Commission? Hearing -- you're recognized. Ms. Slazyk: I need one clarification for the record. As you know, this was recommended for approval by the Planning Advisory Board, but without the words "complete and approved, " so - Commissioner Regalado: No, no, no, no, no, no. Ms. Slazyk: -- I need to -- I just need to know -- Commissioner Regalado: No, no, no. City ofMiami Page 175 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Ms. Slazyk: -- which way are you voting. Commissioner Regalado: No, no, no. Ms. Slazyk: OK. Commissioner Regalado: Don't start with that. Ms. Slazyk: There -- but there -- both recommendations -- Commissioner Regalado: Whatever -- Ms. Slazyk: -- are here. Commissioner Regalado: -- the Planning Board recommended -- Chairman Teele: Complete -- Commissioner Regalado: -- is not what we have here. The words "complete," "approved," 'final," "is done, " you know, "no more time, " those words are in here, in this moratorium. Vice Chairman Sanchez: All right. Mr. Maxwell: Mr. -- Vice Chairman Sanchez: All right. Mr. Maxwell: Mr. Chairman. Vice Chairman Sanchez: Mr. Attorney, read the resolution --I mean, read the ordinance. The Ordinance was read by title into the public record by the Deputy City Attorney. Mr. Maxwell: And also, Mr. Chairman, ifI may comment briefly on Ms. Slazyk's statement a moment ago? I would suggest to you that you do need to have that information in the record. It is not binding on you, at all. It is a recommendation from the PAB, and because the PAB heard this item, I think, last -- no, no. When did they hear it? Ms. Slazyk: Their last meeting was June. Mr. Maxwell: OK. It's in -- Vice Chairman Sanchez: Madam Director, go ahead and put it on the record. Mr. Maxwell: It is in the record. Vice Chairman Sanchez: Being that it's nonbinding, put it on the record. Mr. Maxwell: It is nonbinding, and the Commission could vote just as Commissioner Regalado has moved, with it as it is in the packet now. Vice Chairman Sanchez: Before we vote, why don't you just go ahead and put it on the record. Ms. Slazyk: The recommendation from the Planning Advisory Board was that it be approved, excluding the words "be complete and fully approved." They felt that applications that had City ofMiami Page 176 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 gone through a year of a process of coming in, getting all of their zoning approvals, getting all of their zoning verification letters, filing for permits, and just because they haven't actually finished it -- I'm just -- for the record, they felt that that was inherently, you know, not fair. Commissioner Regalado: OK Ms. Slazyk: And that's what their recommendation was. Vice Chairman Sanchez: Madam Clerk, call the roll. Unidentified Speaker: Could you repeat that, please? Commissioner Regalado: No, no, no. She's talking about the PAB recommendation. What we're voting here today is complete, approved -- Ms. Slazyk: Yes. Commissioner Regalado: -- final, total, the original version. She's talking about the PAB motion, which is an advisory board, back in June. Vice Chairman Sanchez: Madam Clerk. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. (COMMENTS MADE DURING ROLL CALL) Chairman Teele: Complete and approved. Yes, ma'am. (COMMENTS MADE AFTER ROLL CALL) Ms. Thompson: The ordinance has been adopted on second reading, 5/0. Commissioner Regalado: Mr. Chairman, can I say something? I was -- first of all, I'd like to thank the residents. The people from the Silver Bluff area have spent hours and hours, and hours, first, in community meetings; then here or at the MRC (Miami Riverside Center) building with the staff. They have paid attorneys to represent them. Not only they pay taxes, but they have paid attorneys to represent them. Then they had an idea. They went and seek help from the rest of the residents. At first, it was just an issue of the 27th Avenue Corridor and the people of Silver Bluff but the City woke up a sleeping giant, the residents of the City of Miami, and many neighbors associations have joined on this effort, the residents of the Silver BluffAssociation, and we really thank you, especially those in the district that I represent, the Shenandoah, the Coral Gate Residents Association, plus, the Silver BluffAssociation. I said, when we passed the moratorium in Biscayne Boulevard, I said, you know, we are going to do this, but others are going to come because this development is getting out of hand, and they did, and others will come, seeking support of the City staff. Unfortunately, it's not possible to say today that this is a victory for residents. If there is a war or, let's say, a game, nine innings, this first inning has been won by the developers, because the mistakes that the City made, not the residents, were used to expedite plans of some buildings that were precisely the center of the controversy. It may be legal but, to me, it's immoral because the City made the mistakes, and those mistakes were used to open the window to finish all the plans necessary, and build the buildings as they were announced, and as they were challenged. I'm told that one of the developers that now has the permit has come to the City and said that he will meet with residents and fry to do something about the plans to adapt this building to the new overlay and the new regulations in the 27th City ofMiami Page 177 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Avenue Corridor. You know, Johnny was right when he was warning the developers that what they don't want next to their homes, they shouldn't put next to our homes and, hopefully, this moratorium and this huge public participation will, from now on, make the staff aware that they need to be, maybe not residents friendly, but not developer too friendly, and at least be neutral, and if the City makes mistakes, then the City has to assume responsibility, and not pass on those mistakes against the residents, so it may not be an exercise in futility because we have a moratorium. It's sending a signal. This moratorium will have a domino effect, not only in the City ofMiami, but throughout Miami -Dade County where there is a development craze in some areas. Some people will take notice. The media will be reporting, and it has, and let me tell you. What this moratorium have done, what these mistakes that were made -- and I like to call them mistakes that were -- made the developers able to finish their project, have empowered the residents. From now on, every time that there is a project, there will be residents, and the good thing is that this City Commission is listening to the residents so, to you, I thank you for your time. I'm sorry about the mistakes. I am as frustrated as you are, but there's nothing we can do about it, but let me tell you. Hopefully, there will not be more mistakes in the future, so that's what I wanted to say, Mr. Chairman. I understand that there is a resident who wish to be recognized, who just came in, Dr. Josefina Sanchez Pando. Chairman Teele: By all means. Commissioner Regalado: You want to come to the podium, please? Josefina Sanchez Pando: Thank you very much for the moratorium. Commissioner Regalado: Your name. Name. Ms. Sanchez Pando: Oh, I'm sorry. Josefina Sanchez Pando, 2110 Southwest 24th Terrace, Miami, Florida, and I represent Silver Bluff Homeowners Association and Miami Neighborhoods United Coalition. I would like to ask a question. I have learned a lot, and Commissioner Teele told me -- told somebody the other day that they don't speak Commissioner to Commissioner, they speak to the Chair, which is you, so the question I would have asked Mr. Regalado, but I'm asking you -- Chairman Teele: No, please. Ms. Sanchez Pando: -- and trying -- no, I'm trying to be very, very calm in procedure. In life, in all strata of life and in any place where there is a government, where there are rules and regulations -- for example, since I'm a teacher, let me give you the example of what would have happened in a school. Commissioner Winton: I thought there was a question. Ms. Sanchez Pando: If the gross mistakes that have been committed by the City staff had been committed in education, many a head would have rolled. We need answers -- Commissioner Winton: Give me a break. Ms. Sanchez Pando: -- to questions that have gone by unanswered. Thank you for the moratorium. For the next coming up, for the rest of the time, there will be not one, but millions of eyes on every moment, but what's going to happen, Mr. Teele, with the mistakes? How are we going to be -- the words that come to my mind are so hard. The smallest one would be "vindicated." How are we going -- what's going to happen now? We are completely slaughtered. Commissioner Winton, how many horses left the barn? Commissioner Regalado: Two. City ofMiami Page 178 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Ms. Sanchez Pando: And are we going to put them back? Because if there are things that did not abide by the law -- and, sir, Commissioner Teele, you are a lawyer. If the law has been broken, omitted, disregarded, disrespected, is that correct? Chairman Teele: No. Ms. Sanchez Pando: Are there procedures to do something about it? Chairman Teele: Well, thank you very much for your questions and your comments. Let me just clarify one thing. It does -- comments made in a legislative body, such as we're sitting in, are directed to whoever is chairing the meeting. In other words, not to me. Ms. Sanchez Pando: I can't hear you. Chairman Teele: In other words, whoever is chairing the meeting, not personally to me, but to whoever is the chair. Ms. Sanchez Pando: OK. Chairman Teele: Generally, that rule is always invoked, especially when the comments are of the type that you're going to get into a debate or a fight. Feel free -- Ms. Sanchez Pando: No, I'm not going to fight Regalado. Chairman Teele: You -- no, no. Please feel free, you and anyone else in the public, to direct your comments to any individual Commissioner, if you're going to say something very nice or complimentary, or something that makes that Commissioner feel good, but my role, as the chair, is to make sure that we don't get into debates back and forth. Ms. Sanchez Pando: That is going to make him feel very bad. Chairman Teele: Well, yes. Ms. Sanchez Pando: No, no, no. Chairman Teele: So the point that you're making is really very flattering to Commissioner Regalado because you are extending the voice of what he has asked the Manager any number of times, and that is, what remedy do my citizens have? What remedy do the people of the Silver Bluff area have? What are you going -- Ms. Sanchez Pando: The City ofMiami -- the whole city has been blundered. Chairman Teele: What are you going -- Ms. Sanchez Pando: What do we do, sir? Chairman Teele: What are you going to do to make it right? Now, the attorney will tell you, I assume, that in -- Ms. Sanchez Pando: Nothing. Sorry, Charlie, I apologize. Chairman Teele: -- the law, for every wrong, there is a remedy; is that right, Mr. Attorney? Mr. Maxwell: In equity, there is a remedy, right. City ofMiami Page 179 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Chairman Teele: In equity, for every wrong there is a remedy. Unfortunately, the Charter of the City limits the Mayor and the Commissioners, individually and collectively, from directing the staff that may have made any mistakes or -- Ms. Sanchez Pando: I didn't follow you. What was the verb you used? Chairman Teele: Directing -- Ms. Sanchez Pando: Directing. Chairman Teele: -- directing or addressing -- Ms. Sanchez Pando: Uh-huh. Chairman Teele: -- the staff in a way to fry to direct them to do something to straighten this out, so the question that we would have to pose, or Commissioner Regalado would have to pose, as he has posed several times to the Manager, what are we going to do? Ms. Sanchez Pando: And we don't have an answer. What are we going to do? Chairman Teele: What are we going to do to solve the problem of what has been perpetrated -- Ms. Sanchez Pando: Yes. Chairman Teele: -- the wrong that has been perpetrated -- Ms. Sanchez Pando: Yes. Chairman Teele: -- on the citizens, and we're all -- we are waiting for the answer, as well as you are. Ms. Sanchez Pando: And how do we get it? Commissioner Regalado: We won't get it. That's -- Ms. Sanchez Pando: We will. Commissioner Regalado: No. We won't get it. Ms. Sanchez Pando: We will not. We won't. Commissioner Regalado: We will not get an answer. According to the administration, what's done is done -- Ms. Sanchez Pando: Oh. Commissioner Regalado: -- and that's the way -- and that's why I said that this was not victory for the residents. Ms. Sanchez Pando: No, no, no, but there's not such thing under the law. Not even the President of the United States can do what he wants. Commissioner Regalado: Look, Josefina, it's very simple. The people sitting here cannot order some employee being transferred or fired -- City ofMiami Page 180 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Chairman Teele: Which should happen -- which should have happened. Ms. Sanchez Pando: Who -- Commissioner Regalado: Which should have happened. Ms. Sanchez Pando: Who can? Commissioner Regalado: The City Manager and -- Ms. Sanchez Pando: How do we address the City Manager? Commissioner Regalado: -- let me tell you. If we do that, we will end up being investigated by the State Attorney for violation of the City Charter. It's that simple. Ms. Sanchez Pando: If you do it. Commissioner Regalado: Yes. Ms. Sanchez Pando: But if we do it -- Commissioner Regalado: If you do it, you have -- Ms. Sanchez Pando: -- they can investigate me. Commissioner Regalado: No, no, no, no. You have all the right in the world, because you are a resident, and you have all the right in the world to demand from me and for me to do whatever I can to demand from the Mayor, to demand from the Manager those answers that you're seeking. I asked the administration. There is no answer. Nothing will be done. That was the answer that I received because what's done is done. Ms. Sanchez Pando: Mr. Teele, as an attorney, what would be your advice that the associations do? Chairman Teele: You know, actually, that is exactly what the law professor, Professor Van de Creek (phonetic) in a similar case where he lectured my class said the answer of the bar question was, in Louisiana. There was only one answer to the question posed like yours, and that is to contact an attorney that specializes in that matter. I don't want to be flip about this at all. Ms. Sanchez Pando: No, no. I'm sure. Chairman Teele: The fact of the matter is, only the City Attorney can give legal advice to the Commission, only the City Attorney. None of us -- I could be a professor of law and have graduated summa cum laude, neither one ofwhich is the case, but I can't give advice, so the City Attorney may -- is directed to answer your question at this time. Ms. Sanchez Pando: Mr. City Attorney, would you -- then if he can't, can you answer me? What will the next step be? Because there will be steps, so can you direct us to how -- where we're going to go? Because if the Commission has asked the City a question and the legislative body that stands before us gets no answers, as Commissioner Teele and Commissioner Regalado have so stated, and it's going on in that record, then who do we ask? Where do we go? Mr. Maxwell: I'm afraid, Ms. Pando, that I'm going to have to respond in similar kind to that that the honorable professor -- the response they gave to Commissioner Teele when he was in law school. As City Attorney, I give legal advice to the Commission, and to the Manager, and to City ofMiami Page 181 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 the City. I do not give legal advice to private citizens. It would be necessary for you to obtain private counsel. I believe you have counsel, able counsel -- Ms. Sanchez Pando: Yes, we do. Mr. Maxwell: -- and they would have to advise you on what your next step would be. I can tell you that, in the opinion of the City, the -- Ms. Sanchez Pando: I can't hear you, sir. Mr. Maxwell: We seem to have a problem. Ms. Sanchez Pando: Yes, that microphone is very bad. Mr. Maxwell: In the -- Ms. Sanchez Pando Typical, as many other things in the City. See, it's even reflected there. Last night when I was here at the PBA (sic), the lights nearly went out. Mr. Maxwell: Yeah. Ms. Sanchez Pando: There has to be a real, you know, check up; everything, microphones, lights and everybody. Mr. Maxwell: It would be necessary for you to speak with your counsel as to what your next step would be, because I would be in the position of defending the actions of the City and the City Commission, if they were contrary to what you believe your position is. Ms. Sanchez Pando: But the actions of the City Commission were directed to you, and ask the questions to you and to the administration, as they have just said, and they have had no answers. You got a directive and you didn't do it. Mr. Maxwell: Which directive was that? Ms. Sanchez Pando: Come back. Mr. Maxwell: Which directive have we not responded to? Ms. Sanchez Pando: They have asked, well, what is there to be done about it. Commissioner Regalado: Excuse me, excuse me, excuse me. I have asked the administration about what is going to be done -- Ms. Sanchez Pando: OK. Commissioner Regalado: -- regarding the mistakes that were made. Mr. Maxwell: That's not a legal question. Commissioner Regalado: I did not ask the City Attorney. Mr. Maxwell: Yeah. Commissioner Regalado: We did direct the City Attorney to review the plans on one of the buildings -- City ofMiami Page 182 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Mr. Maxwell: And we did that, sir. Commissioner Regalado: -- and the City Attorney did that. The response of the City Attorney is that those plans were OK; is that -- Mr. Maxwell: Yes, sir. Pursuant to your directive at the last Commission meeting, we convened a meeting with all the affected departments of the City and the chief executives of the City that are responsible for building plan review. We -- this was on the Catalonia project. We went through those plans. Each one of the departments reviewed their approvals. All the departments, at that time, indicated that they felt that the permits had been properly issued. The Building Department gave preliminary, as our memo to the Commission indicated -- it gave preliminary approval saying that it had been properly approved. Several days later, after a comprehensive review by that department, they also signed off indicating that, in their opinion, the Catalonia project had been properly approved, and we so advised the Mayor and the Commission. Ms. Sanchez Pando: Then -- Commissioner Regalado: Can I -- then I said -- Ms. Sanchez Pando: How do we prove it was not correctly approved? We go to court, right? Because many mistakes that the Catalonia has mistake. Commissioner Regalado: Well, I think -- Ms. Sanchez Pando: Structural mistakes, life to safety mistakes -- Commissioner Regalado: Dr. Sanchez. Ms. Sanchez Pando: -- exit mistakes, and the mistakes are there; have been approved twice. Commissioner Regalado: Dr. Sanchez Pando. Ms. Sanchez Pando: Yes, sir. Commissioner Regalado: I think -- I don't know what's the counsel idea on this. I think we had a final -- well, actually, not final. There is one open issue on that building, but my understanding is that those developers have retained counsel because they have already made public record requests of my phone logs and e-mails regarding the Catalonia, so I'm assuming that they -- Ms. Sanchez Pando: I don't understand you, sir. Commissioner Regalado: They will file suit. That's what I'm saying. Ms. Sanchez Pando: Oh, fine. It's going to be two; theirs and ours. Commissioner Regalado: Exactly, and that's what I'm saying. What I'm saying -- Ms. Sanchez Pando: The more the merrier. Commissioner Regalado: What I'm asking the City Attorney is whether or no I, as his client, should be talking about the Catalonia, since I am the target of a legal case from the developers? City ofMiami Page 183 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Mr. Maxwell: I don't believe you are -- your request for public records does not indicate that you are personally a target, Commissioner. In fact, I don't believe you can be but, of course, a public records request can be made of any Commissioner, but this item has been approved. The permit has been issued and, at this point, it's almost a moot question. I think the question Ms. Sanchez -- Dr. Sanchez Pando is really looking to -- Ms. Sanchez Pando: Thank you. The first person, besides Regalado, that has addressed me as Doctor. Thank you. Mr. Maxwell: I think, you know, her question is -- you know, in a nutshell, her question is how do we keep this from happening again. Ms. Sanchez Pando: No, no, no, that is not the question. We know how it will not happen again. We have an answer for that question. The question is, how are we going to right the wrong? A wrong has been done to a community. Things were done improperly, incorrectly, forgotten, misplaced, mishandled and, as the result of all those misses, what went on today should have gone 65 days ago, and this would not have happened, and the City would not be getting a lawsuit from them and a lawsuit from us. It behooves the City -- Mr. Arriola, you better get behind what is happening. I know -- and it happens very often, and it's not in the City ofMiami. It's around the world, and it's as long as history has existed. Persons in a very high echelon cannot be aware of every little thing that is going around them; they would be gods, not humans, and that's why presidents are surrounded by secretaries, by ministers, and the mayors are surrounded by chiefs of staff, et cetera, but the Mayor, I am sure, and Mr. Arriola, I am also sure, is not aware of what we have found out that you have missed, not you, sir, when I said Mr. Arriola. I'm not addressing you as a person. I'm addressing you, as the City. It's not being personal. Mr. Maxwell: I understand. Ms. Sanchez Pando: It's being the City. Mr. Maxwell: I understand. Ms. Sanchez Pando: We and you, and "we" doesn't mean me. It means all of the persons who live in Silver Bluff. I'm still waiting for an answer. Can you answer my question, Mr. Arriola? No? You don't have an answer either. What a beautiful, comfortable position. We should have both our pictures taken. Thank you very much. Chairman Teele: Good Doctor, we've allowed this to -- Ms. Sanchez Pando: Thank you. Chairman Teele: We've allowed this to go on. I think, you know, you've made your point. Normally, we would not allow this kind of discussion. Ms. Sanchez Pando: Yes, you would not, normally. Chairman Teele: But, clearly, we're not dealing with a normal situation, and I think we will obviously continue to follow the lead of Commissioner Regalado on this matter. I don't think the Commission is finished with this yet, and we take to heart the pain and the serious impact that these mistakes may have caused. As I've said before, the Commission is not in a position to deal directly or indirectly with any employee that may be responsible but, certainly, the system cries out, or the process cries out for the Manager to take some corrective action, but that's up to the Manager. Are we finished with this item? City ofMiami Page 184 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Terri Morales: I apologize. I arrived late, and I needed to ask -- Chairman Teele: Your name and address for the record, and you are always welcome to be here. Ms. Morales: Thank you. Terri Morales, 2675 Southwest 24th Terrace. I understand that the moratorium has passed, 5 to 0. Thank you, but the moratorium has come kind of late. I'd like to know if the Catalonia has received full permitting to construct its building. OK, so if it has -- Commissioner Regalado: I was told it has, but I was told that it was one open issue, at least that's the memo from the CityAttorney's office. Mr. Maxwell: As I indicated a moment ago, the only thing that was still left on the date that we had the full discipline review was a review by the -- full review by the Building Department, and all the disciplines -- they had more individuals, more inspectors, more items to review. They couldn't come to a conclusive final decision at that time, as the others were; that was on Tuesday. By Friday, they had reviewed the documents, and they had advised us that, in their opinion, the permits were properly approved, so there were no open issues as of Friday, and that was in our memo. Commissioner Regalado: But I think that there's still the issue of the alley is an open issue. Ms. Morales: Yes. I submit to you that that is an open issue. I have brought the ordinance here, and I have -- thank you -- the section is highlighted. We are the adjacent property owners to this condominium, and no one has ever approached us for approval to use this private alley as the main ingress and egress so, therefore, they do not have full and complete permitting, and they should fall within the moratorium. Commissioner Regalado: Well -- Ms. Morales: Correct? Mr. Maxwell: The alley issue was addressed, as well, by Public Works at that meeting, and I don't believe the alley -- we did not find that the alley -- that there was an issue with the alley, and that it should not hold up the permit. Ms. Morales: Well, I submit to you that there is an issue with the alley. Mr. Maxwell: It's a matter of opinioin. Ms. Morales: And we are the property owners. No one has approached us for approval to use the alley as the main building egress and ingress. Commissioner Regalado: OK Why don't we -- Mr. Chairman, why don't we resolve this and bring either Alicia or Mr. Carbonell, and -- Chairman Teele: I think -- Commissioner Regalado: -- or somebody from -- Ms. Morales: Mr. Teele, I urge you -- Chairman Teele: Trust me, trust me -- Ms. Morales: Thank you. City ofMiami Page 185 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Chairman Teele: -- I am 100 percent sympathetic and in support of what you're trying to do, and I want to do it the right way. Ms. Morales: Thank you. Chairman Teele: If the District Commissioner would move that the Clerk, the City Manager and the City Attorney be instructed to review the franscript, to review the record, and file a written recommendation for the next Commission meeting, where the item will be discussed, we can have everything on the record before us, but it's not going to solve your case to get into a long he-said/she-said with the record being there, and that a copy of the recommendations must be delivered to the homeowner association, at least three days prior to the Commission. Ms. Morales: No. IfI may -- Commissioner Regalado: But it's -- it is not about what was discussed. It's about -- Chairman Teele: But it's got to be in the record. It's got -- Commissioner Regalado: Yeah, I know, but the issue is about the use of the alley by the developer, and sharing of the alley by the adjacent homeowners. That is the issue, and the City has not been clear on that. There were several different opinions about whether the alley was public, private; whether if it was public, this should be done; if it was private, this should be done but, to me, and I'm sure to the residents, the City's explanation on the alley. Forget the final plans, forget the roof forget the walls; forget everything. The issue is the alley, and what we need to know to understand, Mr. City Attorney, is if -- it's very simple -- if the adjacent owners, property owners, have anything to say about this developer using the alley as an ingress and egress situation. That is just a question. It's a very simple question. Ms. Morales: That is why I brought this ordinance -- blown up, highlighted -- for you. Commissioner Regalado: I read it. I read it. I don't know if anybody wants to respond to that. Chairman Teele: But what I'm asking you to do, is let's have a full discussion, not just shoot from the hip. Let's go in, get the franscript, get all the records. Let the staff sit down with themselves. Maybe you could amend it and let the staff meet with the -- Ms. Morales: Chairman Teele, ifI may? It is very difficult for people who have submitted this approval to go behind -- go back and say -- admit that they were wrong. This checks and balances, to me, does not seem very objective. We're asking the same people who submitted the approval to go and check themselves -- Chairman Teele: All right. Then I'll -- Ms. Morales: -- and admit that they are wrong. Chairman Teele: -- tell you what. I'll tell you what. I'm not prepared to allow this discussion to get involved in the way it's going because we don't have all the facts. We don't have the record, and it's going to wind up being two hours of discussion, with no resolution. If the District Commissioner would be inclined to instruct the City Attorney to engage outside counsel to review the record and to come in with a written recommendation -- a law firm that has nothing to do with this, is not involved in it, that has expertise, but somebody's got to review it. Commissioner Regalado: Some outside entity needs to review, especially the use of the alley. City ofMiami Page 186 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 That's -- Chairman Teele: That's the sole issue that she's raised. Commissioner Regalado: That's the sole issue. That is the sole issue. Chairman Teele: That's the sole issue that she's raised. Ms. Morales: Well, my last question. I'll be done. Will the Catalonia -- Chairman Teele: Would that be acceptable to you, ma'am, really? Ms. Morales: If the Catalonia will fall within the 120-day moratorium, because they do not have full approval of the permit. Commissioner Regalado: But we need to determine -- Chairman Teele: Well, first -- Commissioner Regalado: -- the alley first. Chairman Teele: -- if what you're saying is correct -- Commissioner Regalado: We need to determine -- Ms. Morales: This was asked of the administration a week ago, and they did not -- Chairman Teele: And I'm listening -- Ms. Morales: -- find these things. Chairman Teele: -- to you, and I'm really -- Commissioner Regalado: That's why we are hiring outside counsel to help the City Attorney to determine -- Ms. Morales: Once again, I am placing my faith on the administration. So far, it has been -- Commissioner Regalado: Well, you didn't -- you are before the City Commission, not before the administration. Chairman Teele: All right. hold on one minute. We're going to place this item back on the agenda, ma'am, as an item for the next meeting, at a time you stated -- at a time that you state, and if it's all right with you, and if it's all right with the City Attorney, and if it's all right with the District Commissioner, we're going to ask the City Attorney to designate a lawyer -- law firm that is outside, that has no significant dealings with the City, that has expertise in real estate matters, to serve as a special master, and to review the record. Now, you've convinced me of everything. You don't frust anybody at this point and, candidly, ifI were in your shoes, I may be saying the same thing. I would be saying the same thing. Ms. Sanchez Pando: Why don't the Commission chose the law firm? Commissioner Regalado: No. Chairman Teele: I don't know if the Charter allows us to be -- City ofMiami Page 187 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Commissioner Regalado: The City Attorney has to choose. We are not allowed, by City Charter. Ms. Sanchez Pando: (UNINTELLIGIBLE) friends. Commissioner Regalado: Well -- Chairman Teele: Then let's do this: Let's instruct the City Attorney, again, to designate an outside law firm to review this, as a special master, or to file a special report, independent of the management, independent of the attorney, independent of everybody, as a separate report, and that that -- the name of that lawyer must be acceptable to the District Commissioner. He can't name the person, but he can say that is not acceptable. Is that acceptable to you, Mr. City Attorney? Mr. Maxwell: Yes, sir. Chairman Teele: Is that acceptable to you? Commissioner Regalado: Sure. Chairman Teele: Is that acceptable to you, ma'am, please? Ms. Morales: Yes, sir. Thank you. Chairman Teele: All right. Is there a motion? Commissioner Regalado: Move it. Vice Chairman Sanchez: Second. Chairman Teele: Second, with one amendment: within 48 hours, the retaining. I don't want this thing to start dragging out and we be here next week trying to select a laywer. Vice Chairman Sanchez: 48 hours. Chairman Teele: Is that acceptable? Mr. Maxwell: Yes, sir. Commissioner Regalado: Yes. Chairman Teele: All right. Are you on this item now? Mr. Haber: No. I just want to mention one thing. Can we respectfully request that the Catalonia does not break ground until a ruling is made with regard to this issue? Chairman Teele: Well, you know and I know that property law in this country does not give the government of any body the right to come on somebody's property and tell them what they can do or can't do. We can't do it on your property, we can't do it on his property, and we can't do it on their property. We would be way out -- operating outside of the constitutional bounds in this country. We are a government of laws. Mr. Haber: I understand that. City ofMiami Page 188 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Chairman Teele: OK. Mr. Haber: I'm just saying, since we are looking into -- Mr. Maxwell: They have -- Mr. Haber: -- what perhaps is an illegality and get another opinion -- Mr. Maxwell: They have a building permit, Commissioner. Chairman Teele: We cannot order them to do anything. We can ask the City Manager to make sure that a transcript of this discussion is delivered to them, and it would be greatly appreciated by the presiding officer and the Vice Chairman Sanchez and, certainly, the District Commissioner, if they would not break ground. It would be seen as a positive act, but we can't order them, or ask them directly or indirectly, to do that. Mr. Haber: That would be an excellent suggestion. Thank you. Chairman Teele: Thank you. Are you here on the motion? Andrew Dickman: Yes, sir, Mr. Chair. Chairman Teele: You want to be named as the lawyer to review it? Mr. Dickman: No, I couldn't. I have a conflict. I represent Silver Bluff and just respectfully, just so that we know where we stand in the timing on this -- Ms. Thompson: We need your name for the record. Mr. Dickman: Andrew Dickman, law offices 9111 Park Drive, Miami Shores. Could we ask, respectfully, the Commission to ask the attorney to give us a written confirmation of when the final permits were issued, so that we can gear our timing accordingly? It's been very difficult -- Chairman Teele: Counsel, counsel, you're a member of the bar. He's a member of the bar. It's a public record. Mr. Maxwell: Check with the Building Department. They know when the permits were issued. Chairman Teele: Well, no, no, no, no. Mr. Dickman: It hasn't been -- Chairman Teele: Counsel, I don't think you should direct that lawyer to go to the Building Department. I think, as a matter of professional courtesy, you should take the responsibility, as representing the client that you just said you represent, to ensure that he's not doing that. Commissioner Regalado: Well, but here's the thing. Chairman Teele: Wait a minute. Counsel, will you make -- Mr. City Attorney -- Mr. Maxwell: Yes, sir. Chairman Teele: -- will you make the information available to them? Mr. Maxwell: Yes, sir, I will. City ofMiami Page 189 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Mr. Dickman: I would appreciate it. Commissioner Regalado: Wait a minute. The media has requested some information, too, on this building, and it has not been provided by the administration. Would you make sure -- Chairman Teele: That's a serious charge, Tomas. I don't think you should say that, if you don't know that to be true. Commissioner Regalado: I know that to be true. I know that to be true. Chairman Teele: Mr. Attorney, Mr. Manager, are we now not complying with the public records law of the State of Florida? Mr. Maxwell: I'm not aware of any noncompliance with Chapter 119, sir. Chairman Teele: All right. Well, will you ensure, and will you advise the management of the importance -- especially, given these fact situations. It's almost like we have something to hide, if that's true. We have nothing to hide. We have nothing to hide. Joe Arriola (City Manager): Miami Herald made a request today -- Vice Chairman Sanchez: It's not on. Chairman Teele: Your mike isn't on. Mr. Arriola: The Miami Herald made a request today. We have just sat down -- Chairman Teele: Today? Mr. Arriola: Yes. Well, yesterday, I think, and we sat down them today, and we'll be delighted to give them anything and everything they want. It's part of public record. I mean, we can't hide it. Chairman Teele: Thank you for those reassuring comments, Mr. Manager. All right. But the Attorney is requested to make the information available to the counsel and those parties requesting it. All right? Andl apologize to you, counsel, that you would be instructed by another lawyer to go directly to his client, all right, in this context. We don't want a lawsuit. We're not trying to get a lawsuit. I'm here frying to protect this City, and I realize there's a high level of frustration, but appearing to hide things, appearing to frustrate people, sending lawyers to go out and look for things that other lawyers should give to them, I don't think gives anybody a warm, fuzzy feeling about the situation, and I apologize to the public on behalf of the City. Can we call the question and have a vote so that the other items that are here can be heard, please? Commissioner Regalado: Yes, sir. Chairman Teele: Thank you, Commissioner. All those in favor of the motion, as amended, say "aye." The Commission (Collectively): Aye. Chairman Teele: All those opposed have the same right. City ofMiami Page 190 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Commissioner Regalado: We have PZ.3, Mr. Chairman. Chairman Teele: The item is unanimously adopted. PZ.3 04-00716 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 9, SECTIONS 903 AND 907, IN ORDER TO MODIFY LANGUAGE PERTAINING TO RULES CONCERNING PROJECTS CROSSING DISTRICT BOUNDARIES OR STREETS, AND HEIGHT OF BUILDINGS ABUTTING RESIDENTIAL DISTRICTS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00716 SR Fact Sheet.pdf 04-00716 Legislation.PDF 04-00716 FR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval on July 7, 2004 by a vote of 6-1. PURPOSE: This will modify language pertaining to rules concerning projects crossing district boundaries or streets and height of buildings abutting residential districts. Motion by Vice Chairman Sanchez, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez Direction to the City Clerk by Chairman Teele to schedule second reading on Item PZ.3 for the Commission Meeting currently scheduled for July 22, 2004. [Note: Clerk notified Teresita Fernandez, Executive Secretary of the Office of Hearing Boards, of the above -stated direction on Monday, July 12, 2004.] Chairman Teele: PZ.3. Commissioner Regalado: Yes, sir. Alicia Cuervo Schreiber: Good afternoon, Commissioners. Alicia Cuervo Schreiber, Chief of Operations. As you know, on May the 27th, the Commission heard and allowed us to move forward Miami 21, which is a complete rewrite of the City ofMiami's master plan and ordinances. In the Mayor's State of the City address, he directed staff to move forward on this as expeditiously as possible. As you know, we have 13.6, approximately, billion dollars worth of construction in the City ofMiami. The City's main focus is our corridors, since that's where development is booming. In that spirit, the Mayor directed staff to immediately pursue rewriting the ordinance that affects Section 907.3.2, which we'll hear today. We have met with the citizens. At last night's Planning Advisory Board meeting, it was approved, and we are bringing it City ofMiami Page 191 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 forward to you this afternoon for your consideration. Thank you. Chairman Teele: Thank you. Ms. Slazyk. Lourdes Slazyk (Assistant Director, Planning & Zoning): Thank you. The primary focus of the 907.3.2 amendment is to clarify and add language. It is not just a clean up of the language that was there. There is true amendments to this section regarding additional height setbacks when disfricts that allow buildings over 40 feet abut single-family and two-family duplex residential disfricts. The way it was written before, it called for -- it said the words "on the rear, " and that was a difficult term to figure out how to interpret. I think that the way it's written now, the Code is going to require an additional height setback to be applied at the setback line for all yards abutting such residential districts, so whether it's the rear, the side, a special side, a special rear, a waterfront yard, whatever yard you want to call it; if the disfrict that allows the height over 40 feet abuts an R-1 or an R-2 disfrict, the additional height setback shall apply, period. It's no longer vague. The other main amendment that was handled by this had to do with the alleys. Typically, where zoning districts boundaries meet, if there is a street or an alley, sometimes the zoning boundary is on the commercial side; sometimes it's on the residential side; sometimes it's right smack dab in the middle of the alley, and it's very difficult to figure out how to apply sometimes the regulations where these disfrict boundaries meet, so for this section, we have specifically clarified that the alley doesn't count as the district separation for this, and that those additional height setbacks will apply when the alley is the divider between that commercial and single-family or duplex residential district, so in a nutshell, I think this offers much, much greater protection, much more predictability to the neighborhoods that abut these disfricts with higher heights; that there will be a separation that will allow for light and air flow, and I think is, once and for all, takes care of the problem of the corridors with the R-1 and 2 districts behind them. I was also asked one other question before the hearing started tonight. What about special districts? My answer was, this applies to special disfricts, too. If you have a special disfrict, whether it be SD-2 or SD-6, or any other special district that allows a height over 40 feet and it abuts an R-1 or 2 disfrict, the same limitation will apply because the way it reads is, all districts allowing building heights over 40 feet, abut single-family residential disfricts or two-family residential districts. That means all disfricts that allow those heights. Thank you. Chairman Teele: All right. Mr. Attorney, read the ordinance. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Teele: All right. This is a public hearing. Any person desiring to be heard should please come forward and, please, nobody come forward. Vice Chairman Sanchez: This is the big 907. Tucker Gibbs: That's the big 907. Vice Chairman Sanchez: It's the big 907. Mr. Gibbs: Good evening. My name is Tucker -- Vice Chairman Sanchez: Speak out or forever hold your peace. Mr. Gibbs: My name is Tucker Gibbs, with law offices at 215 Grand Avenue in Coconut Grove, and I'm here tonight representing Miami Neighborhoods United on this matter. We're in support of this particular ordinance for obvious reasons that have been stated before, butl do want to discuss something with you. This ordinance, in our mind, is a first step, and I think it was said last night, and it's a good first step. There are issues relating to this that we have concerns with. We've expressed those to the Planning Department, but we want this ordinance to be passed City ofMiami Page 192 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 tonight to get it on the books as quickly as possible. We will work with the Planning Department, as we have some concerns about ground level setbacks, but we think we can deal with that with the Planning Department and fry to develop an amendment very quickly, but our goal is to get this ordinance passed as quickly as possible. For that reason, we're in support of it. Thank you. Commissioner Regalado: Thank you. Andrew Dickman: For the record, Andrew Dickman, law offices at 9111 Park Drive in Miami Shores, Florida. I represent both Silver Bluff and Spring Gardens and, again, I concur with Mr. Tucker. This is something that needs to pass on first reading. There are a few concerns that we have; the concerns that Mr. Tucker raised, I'll incorporate, but as well, Spring Garden is concerned about the issue of the river and when residential -- technically, by your code, district boundaries are aligned by the center line, or the center portion of the river, same thing with roadways, and our concern is that does this exclude or include water bodies or waterways, and has that been considered, and I would respectfully like to speak with staff between first reading and second reading to look and see if the implications are of that application. Commissioner Regalado: All right. Chairman Teele: All right. Further comments. Nina West: Good evening. My name is Nina West. I live at 3690 Avocado Avenue. I'm a member of the Coconut Grove Village Council. The council is here to support the ordinance. Thank you. Commissioner Regalado: Thank you. Chairman Teele: Thank you very much. Further discussion. If not, the -- Joe Wilkins: Joe Wilkins, 228 Southwest 23rd Road, secretary ofMiami Neighborhoods United. Again, as much fun as it would be to go over how we got here, it's much more important where we're going with this and, as Tucker said, this is an important first step on what will hopefully be a road to getting proper and smart planning in our neighborhood, and we certainly support the ordinance. Thank you. Chairman Teele: Thank you very much. James Veber: J Veber, Spring Garden. Spring Garden would support this ordinance so long as it specifically -- or includes the river boundary, and having the boundary between the district set down in the middle of the river, and the same rules apply. Thank you. Chairman Teele: Thank you. Commissioner Winton: And if it doesn't, you don't support it? Chairman Teele: Thank you. Hugh Ryan: Hugh Ryan, 1860 Southwest 11 th Street, Miami Shenandoah Neighborhood Association. The moratorium was the start. The first inning, verdict's out on who it went to. Let's give the next two innings to the residents. Much has been said, e-mailed and written to you about 907, and the original intent of 907 was to protect not just the homeowners and single-family residents but, on a broader scale, to protect our schools from overcrowding, our parks from being overloaded, our services from being overburdened, our traffic problems from spiraling out of control, and our skyline from becoming Manhattan, and also, to protect the City ofMiami Page 193 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 welfare of our city. Please strengthen 907 to protect the long-term future of our city, and "completed and approved" would be nice, and Shenandoah and our fellow Miamians are watching. Thank you. Commissioner Regalado: OK Chairman Teele: All right. Are there anyone else? The public hearing is, therefore, closed. Discussion. Commissioner Regalado: Call the roll. Chairman Teele: Madam Clerk. Ms. Thompson: We have -- we need a mover, seconder, please. Vice Chairman Sanchez: So move. Commissioner Regalado: Second. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. Commissioner Regalado: Thank you. Mr. Gibbs: Excuse me, Mr. Chairman. Chairman Teele: Yes. Mr. Gibbs: When is second reading going to be on this? Chairman Teele: When would you like it? Vice Chairman Sanchez: July 22nd. Mr. Gibbs: July 22nd -- Vice Chairman Sanchez: And -- Mr. Gibbs: -- 5 o'clock. Vice Chairman Sanchez: And what we've done, basically since -- Commissioner Winton: No time certain. Vice Chairman Sanchez: Mr. Chairman. Mr. Gibbs: I didn't say time certain. All said was 5 -- any time after 5 o'clock. That's all I'm asking. Vice Chairman Sanchez: Tucker -- Chairman Teele: The public hearing, Madam Clerk, will be July 2nd, after 5 p.m. City ofMiami Page 194 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Commissioner Winton: 22nd. Ms. Thompson: July 22nd. Chairman Teele: 22nd, after 5 p.m. Mr. Gibbs: Thank you so much. Vice Chairman Sanchez: Tucker -- Mr. Gibbs: Thank you. Vice Chairman Sanchez: -- what we did, being that we have such a voluminous agenda on the 22nd, we're going to split it in half so we don't stay here until 4 o'clock in the morning, and what we'll do is we'll address the PZ (Planning & Zoning) items that are controversial after 5 o'clock, giving you ample time to be here because, you know, in August we don't meet, and you know that at the end, usually we get to this point where everything is put on the agenda at the last minute, but we do want to give you ample opportunity to be here at the Commission, of course. We do an injustice to you when we stay here 'til 3 o'clock in the morning, 4 o'clock in the morning, when you can't be here. Mr. Gibbs: I've been there, and I'm happy. I have an item I'd love to have moved to September, so -- Vice Chairman Sanchez: Well, you don't get paid by the hour, do you? Mr. Gibbs: No, unfortunately not. Vice Chairman Sanchez: Congratulations. Commissioner Winton: Thank you. City ofMiami Page 195 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 SUPPLEMENTAL AGENDA DISTRICT 3 VICE CHAIRMAN SANCHEZ SI.1 04-00783 ORDINANCE First Reading District 3- Chair AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Joe Sanchez 14/ARTICLE V/SECTION 14-251 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT DISTRICT AND COMMUNITY REDEVELOPMENT AGENCY/GENERALLY/DEFINITIONS;" CHANGING THE GOVERNING BODY, PROVIDING FOR FIVE OF THE SEVEN MEMBERS TO BE NOMINATED BY THE CITY COMMISSION AND PROVIDING FOR THE EXECUTIVE DIRECTOR TO BE SELECTED BY THE COMMUNITY REDEVELOPMENT AGENCY BOARD; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 04-00783-cover memo.pdf Motion by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele Direction to the City Manager by Chairman Teele to schedule the second reading of item SI 1 on the agenda for October 14, 2004. Chairman Teele: Now, we have D5.2 and supplemental item number whatever. Commissioner Regalado: Are we doing the fire fee? Chairman Teele: Oh, I'm sorry. Do we have a fire fee issue here? Commissioner Regalado: RE.1, RE.2. Chairman Teele: RE.1 and 2. Commissioner Regalado: Yeah. Chairman Teele: Why didn't you do all of them when you were there, Mr. Director? RE.1. is the Fire Department assessment fee? What do we have to do? Who's going to do it? I tell you what, Mr. Attorney, read into the record Commissioner Sanchez' item, supplemental item on the CRA (Community Redevelopment Agency). Let's just take up those two items now. My recommendations, we passed them for first reading. Let's set a second reading, after we finish the budget in October, and we can debate it and decide it and give us all 90 days to think about it; is that fair? Vice Chairman Sanchez: Fair. Chairman Teele: This is a supplemental item. Go ahead, Ma'am Attorney, read it into the record. Commissioner Winton: And I -- City ofMiami Page 196 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Chairman Teele: We're going to read his alternate and my alternate, one behind the other. We're going to recommend that you pass both of them, first reading. You can't pass both of them for second. We'll put the debate aside for 60 days. We'll finish the budget hearing and we'll take them up at the first meeting in October, if that will be fair with you, Commissioner Sanchez? Vice Chairman Sanchez: Yes, sir. The Ordinance was read by title into the public record by the Interim City Attorney. Maria J. Chiaro (Interim City Attorney): Actually, this should be both CRAs, so I need to change the titles so it includes Southeast Overtown/Park West and Omni Redevelopment. Chairman Teele: All right. This is a public hearing. Any person desiring to be heard should come forward. There are no persons coming forward. Commissioner -- Vice Chairman Sanchez. Vice Chairman Sanchez: So move. Commissioner Gonzalez: Second. Chairman Teele: Is there objection? Madam Clerk, call the roll. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. Chairman Teele: With the second reading to be scheduled for, please? Ms. Thompson: 60 days. Chairman Teele: No, ma'am. Vice Chairman Sanchez: 60 days. Chairman Teele: No, ma'am. Second meeting -- the first meeting's in October. We're going to deal with the budget -- we're going to get all of the budget issues out of the way. Ms. Thompson: The first meeting in October would be October 14th. Chairman Teele: That's contained in the motion. Commissioner Winton: The first meeting in October is October 14? Ms. Thompson: That's correct. Chairman Teele: October. Commissioner Winton: Really? Chairman Teele: October. Ms. Thompson: Yes. City ofMiami Page 197 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 SI.2 04-00757 District 4- Commissioner Tomas Regalado SI.3 04-00759 District 4- Commissioner Tomas Regalado SI.4 04-00798 District 5- Vice Chair Michelle Spence -Jones SI.5 04-00782 Commissioner Winton: Oh. Chairman Teele: OK. DISTRICT 4 COMMISSIONER TOMAS REGALADO RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE MIAMI-DADE COUNTY MANAGER AND THE MEMBERS OF THE MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS TO TAKE ALL ACTIONS NECESSARY TO PROVIDE GREATLY NEEDED SERVICES FOR THE ELDERLY RESIDING IN PUBLIC HOUSING DEVELOPMENTS, SUCH AS HOUSING AND URBAN DEVELOPMENT ("HUD") BUILDINGS, WITHIN THE LIMITS OF THE CITY OF MIAMI. NO ACTION TAKEN DISCUSSION ITEM DISCUSSION CONCERNING A RESOLUTION TO ALLOCATE $500,000 FROM THE DISTRICT 4 HOUSING RESERVE TO MDHA DEVELOPMENT CORPORATION FOR THE SMATHERS CENTER. 04-00759-cover memo.pdf NO ACTION TAKEN DISTRICT 5 CHAIRMAN ARTHUR E. TEELE, JR. DISCUSSION ITEM DISCUSSION REGARDING A LIVING WAGE ORDINANCE. 04-00798-draft legislation .pdf NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE RELEASE OF THE CITY OF MIAMI'S REVERSIONARY INTERESTS IN MIAMI-DADE COUNTY ("COUNTY") OWNED PROPERTY LOCATED IN WEST MIAMI-DADE AND LEGALLY DESCRIBED IN THE RELEASE AND AGREEMENT ATTACHED HERETO AS "EXHIBIT A," IN EXCHANGE FOR MIAMI-DADE COUNTY'S RELEASE OF RESTRICTIONS AND REVERSIONARY INTERESTS IN THE PROPERTY KNOWN AS THE MARINE STADIUM AND PAYMENT TO THE CITY IN THE SUM OF TWO MILLION DOLLARS ($2,000,000); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE COUNTY City ofMiami Page 198 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 AND A RELEASE OF REVERSIONARY INTERESTS, IN SUBSTANTIALLY THE FORMS ATTACHED AND INCORPORATED AS "EXHIBIT A." 04-00782-cover memo.pdf 04-00782-exhibit 1- agreement.pdf 04-00782-exhibit 2- Marine stadium property.pdf 04-00782-exhibit 3- Map.pdf 04-00782-exhibit 4- release of interest.pdf 04-00782-exhibit 5.pdf 04-00782-exhibit 6- Dade County release.pdf 04-00782-exhibit 7- Marine Stadium property.pdf 04-00782-exhibit 8- Map.pdf 04-00782 - exhibit A.pdf 04-00782 - substitute exhibit.pdf DEFERRED A motion was made by Vice Chairman Sanchez, seconded by Commissioner Winton to defer Item SI.5. There was no roll call. A motion was made by Vice Chairman Sanchez, seconded by Commissioner Winton, and passed unanimously, with Commissioner Gonzalez absent, to reconsider prior motion to defer SI.5. A motion was made by Vice Chairman Sanchez, seconded by Commissioner Winton, and was passed unanimously, to DEFER item SI.5 to the Commission meeting currently scheduled for July 22, 2004. Chairman Teele: Is there a motion to defer the matter relating -- to defer to the next meeting the matter relating to the water -- the reversionary interest on Virginia Key? Vice Chairman Sanchez: So move to defer. Commissioner Winton: I'm sorry. Chairman Teele: Motion to defer the item relating to the reversionary interest of Virginia Key. That's Supplemental Item Number -- Unidentified Speaker: 5. Chairman Teele: -- number SI.5. That item is being deferred. Is there -- Commissioner Winton: Is this at the Manager's request or our request? Vice Chairman Sanchez: It's a Manager's request. Chairman Teele: At the Manager's request. Commissioner Winton: Second. Chairman Teele: A motion to rescind the previous motion relating to the deferral of the reversionary interest is moved by Commissioner Sanchez. Vice Chairman Sanchez: So move. Chairman Teele: Seconded by Commissioner Winton. All in favor, say "aye." City ofMiami Page 199 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 The Commission (Collectively): Aye. Chairman Teele: All opposed? The item is back before us. Is there a motion to defer that item to the July 22nd meeting? Vice Chairman Sanchez: So move. Chairman Teele: Is there a second? Commissioner Winton: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: Item is so done. Miguel De Grandy: Thank you, Mr. Chairman. Thank you, Commissioners. Chairman Teele: You've done a good job for your client. Mr. De Grandy: Thank you, sir. SI.6 04-00781 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING A SETTLEMENT OF APPELLATE CASE NOS. 02-284-AP; 02-330-AP; AND 02-477-AP; MARK'S CLASSICS CORP. ET AL. V. CITY OF MIAMI; APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A SETTLEMENT AGREEMENT IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND CLEAR CHANNEL OUTDOOR ("CCO"), AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO RESOLVE THE LITIGATION AND ADMINISTRATIVE PROCEEDINGS THAT HAVE ACCOMPANIED THE CITY'S EFFORTS TO ENFORCE ZONING REGULATIONS APPLICABLE TO CCO'S OUTDOOR ADVERTISING SIGNS ("BILLBOARDS") LOCATED WITHIN THE CITY; PROVIDING FOR REMOVAL OF CERTAIN BILLBOARDS AND THE ISSUANCE OF AMENDED PERMITS; PROVIDING FOR PAYMENT OF AMENDED PERMIT FEES, BACK PERMIT FEES AND REIMBURSEMENT OF THE CITY'S FEES AND EXPENSES TOTALING APPROXIMATELY ONE MILLION THREE HUNDRED THOUSAND DOLLARS ($1,300,000) AND PROVIDING FOR CCO TO PROVIDE OUTDOOR ADVERTISING SPACE FOR DISPLAY OF CITY -PREPARED ADVERTISING AT A RETAIL VALUE OF FIFTY THOUSAND DOLLARS ($50,000) PER YEAR DURING THE 25-YEAR TERM OF THE AGREEMENT; PROVIDING FOR THE PAYMENT OF AN ANNUAL SETTLEMENT FEE TO THE CITY OF TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000) PER YEAR DURING THE 25-YEAR TERM OF THE SETTLEMENT AGREEMENT, TO BE USED FOR PUBLIC PROJECTS BENEFITING THE AFFECTED NEIGHBORHOODS ON A PRO-RATA BASIS; PROVIDING FOR THE ESTABLISHMENT OF A NEIGHBORHOOD ENHANCEMENT ACCOUNT OF FIFTY THOUSAND DOLLARS ($50,000) PER YEAR DURING THE 25-YEAR TERM OF THE SETTLEMENT AGREEMENT; AND PROVIDING FOR STATUS, RETROFITTING, REPLACEMENT AND RELOCATION OF City ofMiami Page 200 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 REMAINING SIGNS. 04-00781-cover memo.pdf 04-00781-exhibit 2.pdf 04-00781-exhibit 3.pdf 04-00781-exhibit 4.pdf 04-00781-exhibit 5.pdf 04-00781-exhibit 6.pdf 04-00781-exhibit 7.pdf 04-00781-exhibit 8.pdf 04-00781-exhibit 9.pdf 04-00781-exhibit 10.pdf 04-00781 - submittal.pdf Motion by Vice Chairman Sanchez, seconded by Commissioner Winton, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0463 Chairman Teele: All right. Madam Attorney, this is the item relating to -- Somebody get Commissioner -- oh, OK. Commissioner Regalado: I have still some -- Chairman Teele: This is the item relating to Marks Classic settlement. All personal items will be taken up, but it's just going to be the three of us, and we need to fry to make sure that the issues that are citywide get considered. Madam Attorney -- Commissioner Regalado: Is this -- Chairman Teele: -- you're recognized. Commissioner Regalado: -- (INAUDIBLE) defer the property in the Everglades? Chairman Teele: Yes, that was deferred. Vice Chairman Sanchez: Yes, to the 22nd. Chairman Teele: To the 22nd. Commissioner Regalado: OK I -- Chairman Teele: Can we just go on this right now, please? Commissioner Regalado: Right, but never received any information at all, just -- Vice Chairman Sanchez: That's why it's been deferred. Commissioner Regalado: -- on the record. Chairman Teele: That's why it's been deferred. Madam Attorney, you're recognized. Carol Licko: Thank you, Mr. Chair. Commissioners, you have in front of you today the proposed settlement agreement with Mark's Classic -- City ofMiami Page 201 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Priscilla Thompson (City Clerk): I'm sorry -- Joel Maxwell (Deputy City Attorney): Ms. Licko, for the record, your name, please. Ms. Licko: Yes. Chairman Teele: We need your name and -- Mr. Maxwell: Yeah. Chairman Teele: -- address for the record. Ms. Licko: I'm sorry. Carol Licko, Hogan & Hartson, special outside counsel to the City of Miami in the billboard litigation. The last Commission meeting, there was an agreement in principle, which was proposed on several principles outlined by this Commission, and you directed us, at that time, to go back and try to put those terms into an agreement. That agreement is part of your agenda. It's before you today. Clear Channel Outdoor Advertising has delivered to the City today to me signed copies of the settlement agreement, which is in the same form as that attached to your agenda package. They have also delivered to us copies of all the initial checks, which are required as part of the initial settlement, in the amount of $1,300,000. Commissioner Winton: What did you just say? Ms. Licko: Mr. Chair, if you'd like, I can go through a summary of the terms. Chairman Teele: I think it's important for you to go through the number of billboards that -- Commissioner Winton: Right. Chairman Teele: -- are being removed under this agreement. Immediately -- let's say, for the first 180 days, et cetera. Ms. Licko: Yes. Mr. Chair, the City residents are going to see an immediate reduction in the number of billboards, as a result of this proposed settlement. Right now, as a result of the settlement which has been reached, Clear Channel has either already removed, or is in the process of removing, as we speak, 50 of the billboards, which are located in the City. Within the next 90 days of this settlement, if it's approved today, Clear Channel will be removing all of its eight sheets in the City's C-1 districts, and that's a total -- Chairman Teele: All is how many? Ms. Licko: All of the eight sheets -- Chairman Teele: We need a number. Ms. Licko: 69 -- Chairman Teele: OK. Ms. Licko: -- structures. Within 180 days of the settlement, Clear Channel will remove all of its 8-sheet billboards within the City's C-2 districts; that's a total of another 92 billboards. Within 180 days of the settlement, Clear Channel will remove 25 percent of all of its rooftop billboards in the City. During the rest of the term of the agreement, additional billboards will be taken down. At the end of the term of the 25 year term of this agreement, Clear Channel has agreed to City ofMiami Page 202 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 take down 25 percent of all of its remaining billboards in the C-1 districts of the City. As you may recall, as an incentive to remove some of the billboards, the City is allowing Clear Channel to amend up to 15 of its permits, and to relocate those billboards on a two for one basis. That is, for every two bulletin boards that are removed, one bulletin can be relocated, and the poster signs, for every four posters that are removed, one bulletin can be relocated. The -- Clear Channel has proposed initially that I take down sufficient billboards sufficient to relocate seven of its billboards, and they have submitted amended permits for that purpose. The settlement fees that the City will receive are as follows, and it's in the amount of $1,300, 000. The City is going to receive approximately $152, 000; that represents the cost of all the unpaid renewal fees. The City will be receiving $350, 000 as fees for the seven amended permits that have been submitted. The City is going to be receiving $800,000 that's being paid to the City to reimburse it for all fees and costs which have been expended by the City in the enforcement proceedings as a result of Clear Channel. The City will also be receiving annual settlement fees in the amount of $250, 000 per year for the next 25 years for an amount of $6, 200, 000. This settlement, if adopted by the Commission tonight, will effectively end all of the enforcement proceedings and all of the CCO (Clear Channel Outdoor) litigation that's occurred with respect to the Clear Channel billboards. The City was also concerned about public messages and projects. There are two significant projects related to this settlement. First, Clear Channel will be contributing outdoor advertising space to allow the City to have its own advertising on the Clear Channel billboards on a space available basis, for a value of up to $50, 000 per year for 25 years, and finally, Clear Channel's going to fund a neighborhood enhancement account of $50, 000 per year for the City disfricts that are affected by these billboards. The City and Clear Channel will agree upon -- Commissioner Gonzalez: Question, question. Ms. Licko: -- the recipients of these funds. Commissioner Gonzalez: What are the districts that are affected by these billboards? Ms. Licko: The disfricts that are initially affected are disfricts which are in the Chair's domain. Chairman Teele: And Commissioner Winton. Ms. Licko: And Commissioner Winton has some of those neighborhoods. There's seven billboards. It's Exhibit D to your settlement. Mr. Maxwell: One is in Commissioner Gonzalez' district, too. Ms. Licko: One is in -- Chairman Teele: And Commissioner Gonzalez' -- Mr. Maxwell: Yeah. Chairman Teele: -- district; one is in your district. Commissioner Gonzalez: One is in my district. Ms. Licko: The neighborhood enhancement funds would be distributed to eligible recipients -- Chairman Teele: Excuse me. The one that's in Commissioner Winton's district is not in a residential area. It's in the downtown Omni/Overtown area, just so nobody from northeast starts yelling and screaming at you. The one billboard that would be going up, according to this, is in the Omni Redevelopment Area, near Overtown Omni. City ofMiami Page 203 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Ms. Licko: With respect to neighborhood enhancement funds, the recipients for those funds would be eligible 501(c)3 organizations that would be mutually agreed upon by the Commission and by Clear Channel. That sums up the terms of the settlement. We have a resolution before you today, as I said. The settlement agreement, which has been attached to your agenda item, has already been signed by Clear Channel, and they have -- they've got copies of the checks in escrow with Mr. Halsey, and they will be delivered upon the City's execution of the FDOT (Florida Department of Transportation) forms, and upon execution of the settlement agreement. I should say that there has been a proposal to add to the resolution a requirement that the $250, 000 per year in settlement fees be used to mitigate the impact of those signs that are going to be erected as part of Exhibit G. If the resolution is so amended, it would mean that the $250, 000 per year would be approved by the City Commission to be used in those neighborhoods that are going to be affected by the signs, which will be placed up on Exhibit G, and they would be spent on a pro rata basis in those neighborhoods, with the projects to include such public parks, public spaces, gateways and other public works to assist the community needs of those affected neighborhoods. Chairman Teele: All right. Questions or comments. Mr. Hagen, we're going to recognize you for two minutes, sir. You have complained about everything related to billboards in the past. Stephen Hagen: I just want to make this -- Chairman Teele: In the past. Maybe, today we're going to hear something different. Mr. Hagen: OK Well, I just want to put this on the record. The information I want to put on the record has been faxed to all of you yesterday. Ms. Thompson: You need to -- name first, please. Chairman Teele: We need your name. Mr. Hagen: I'm sorry. Steve Hagen, 725 Northeast 73rd Street -- it was faxed -- e-mailed to Mr. Maxwell. Regarding the proposed settlement between Miami and Clear Channel Outdoor Advertising, if the goal ofMiami Commission is to eliminate all of the smallest, least obnoxious billboards, which happen to be affordable to local advertisers, but not so profitable for Clear Channel, and to assure that we would be able to view 476 existing full sized billboards, plus the billboards along our expressways, and billboards belonging to other companies around our City for the next 25 years, then the Commission should pass the proposed settlement. If on the other hand, the Commission and Mayor are serious about enforcing the terms of the contract Clear Channel entered over 25 years ago, they will table this proposal long enough to seek additional expert advice from people experienced with such settlement. Other municipalities around Florida and the country have learned the hard way; that bad settlements have brought additional litigation from outdoor advertising companies, resulting in even more billboards. What's the rush when the proposed agreement runs for a quarter of a century? In the 48 hours that I have had access to the document, I see the following items, which need attention: The whole concept of amending permits to build and relocate is a can of worms, which the City will not be in any better position to monitor and enforce than they have in the past, and to enter into such agreements would leave the City open to challenges by other outdoor advertising companies, which other municipalities have found can bring more billboards. The provision that requires Miami to limit the increase in permit fees to the consumer price index needs to be applied as well to any dollar amounts payable to the City over the 25 year term. Why should the City be limited to receive just $300, 000 a year, over a 25-year period, when inflation will eat away a substantial portion? I submit that the City will need at least $50, 000 a year just to monitor this complicated agreement. Why would the City want to limit free billboard services to $50, 000 a year, or any dollar amount for that matter, when it would be City ofMiami Page 204 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 better to specify a certain number or certain size of billboards in a certain prime location -- Chairman Teele: How much longer are you going to need? Mr. Hagen: I'm sorry? Chairman Teele: How much longer are you going to need? You've already gone past two minutes. Mr. Hagen: Three -- two more minutes. Chairman Teele: No, sir. Bring it to a conclusion within 30 minutes -- 30 seconds, sir. Vice Chairman Sanchez: 30 seconds. Mr. Hagen: Well, the counsel talks about how many number of billboards you're going to bring down, but the fact of the matter is, if you add up the space and consider the size of these billboards, the small billboards that are coming down, mostly in our poor neighborhoods, represent only 18 percent of the total space that Clear Channel controls in this city. I'm asking you to seek counsel outside ofMiami, outside the state of Florida, so that you enter a proper agreement. Chairman Teele: Thank you very much. Vice Chairman Sanchez: Good advice. All right. Chairman Teele: All right. Is there a motion? Vice Chairman Sanchez: So move. Mr. Hagen: I submit this for the record. Vice Chairman Sanchez: So move. Chairman Teele: Is there a second? Commissioner Winton: Second. Commissioner Gonzalez: Second. Chairman Teele: Would the maker and the seconder clarify that it does include the neighborhood impacts based upon the billboards that are within neighborhoods, not districts, but neighborhoods? Ms. Licko : The -- Commissioner Regalado: Do we have -- Vice Chairman Sanchez: As amended. Chairman Teele: Accepted. Further discussion. Commissioner Regalado: But before -- Mr. Chairman, before you -- Chairman Teele: How soon are they going to pay the money? That's the question. City ofMiami Page 205 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Commissioner Regalado: Huh? Chairman Teele: How soon are they going to pay the -- what does the agreement require they make the first payment? Ms. Licko: The first payments are due as soon as the FDOT forms are signed, and this agreement is signed. There -- Chairman Teele: What do you mean "signed?" That's the deal breaker. Ms. Licko: Signed by the City. Clear Channel's already signed it -- Chairman Teele: Yeah, but what do you mean DOT (Department of Transportation) Ms. Licko: -- and they have copies of checks. Chairman Teele: -- has got to sign? Ms. Licko: It's just a form that -- Chairman Teele: Who submits the form to DOT? Ms. Licko: It's Clear Channel's responsibility. All the City has to do is sign it. Chairman Teele: Has -- so the City has got to sign it, and the -- DOT has to sign it? That they -- Ms. Licko: No, no. For the City to receive its money, only the City has to sign it. Chairman Teele: Well, that's not what you said. OK, so how -- why can't -- how long will it take the City to sign? Ms. Licko: They had offered that if it was signed tonight, they would bring the checks tonight. Chairman Teele: Well, we can't accept that kind of efficiency. Commissioner Regalado: Question. Vice Chairman Sanchez: Efficiency? Chairman Teele: Efficiency. All right. Further discussion. Commissioner Regalado: Question. The question is to the -- I guess, to the Manager, or to the members of the Commission, and maybe I missed it, but what is the purpose of the money? I mean, is there any plan that you discussed while I wasn't here regarding the use of the money? Chairman Teele: The money goes into the general fund. Commissioner Regalado: The money goes into the general fund. Chairman Teele: Except those segments of the money that are -- Vice Chairman Sanchez: (INAUDIBLE). Mr. Maxwell: For attorneys' fees. City ofMiami Page 206 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Chairman Teele: Say again? Mr. Maxwell: The attorneys' fees -- the reimbursement for litigation costs would, presumably, go back into Risk Management;; they paid for that, but the $250, 000 and the $50,000, those are the monies that you're speaking about, Commissioner? Commissioner Regalado: Yeah. Mr. Maxwell: That would go into the general fund, or as you all direct. Chairman Teele: No. Mr. Maxwell: No, no, no. Chairman Teele: There's two different -- Mr. Maxwell: I know. Chairman Teele: There's three different accounts; the fee paid annually, which is the largest amount, goes to the general fund. Commissioner Gonzalez: Right. Chairman Teele: Is that right, Madam Attorney? Joe Arriola (City Manager): Yes. Chairman Teele: The 250 a year. Mr. Arriola: Yes. Ms. Licko: The 250 per year, now pursuant to the alternate resolution, would go, yes, into general revenue for use in those neighborhoods affected by -- Mr. Maxwell: Yeah. Ms. Licko: -- the seven billboards listed on Exhibit G. Chairman Teele: But isn't there a general amount of money based upon the settlement? Ms. Licko: The annual renewal fees will be paid, and they'll be approximately 30 to $40, 000 per year. Chairman Teele: Per unit? Commissioner Winton: That's nothing. Ms. Licko: Per year, total. Chairman Teele: All right. OK. Mr. Arriola: And you will put that in the neighborhoods -- Chairman Teele: Right. City ofMiami Page 207 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Mr. Arriola: -- which is what you suggested. Chairman Teele: Or build transit -- pay for the transit stops and all that. I mean, that's what Johnny should, you know, be frying to do because the people don't want advertising, you know. Further discussion. All -- Commissioner Regalado: I don't understand the way it's going to be spent, but that's OK Chairman Teele: OK. Yeah, let's -- All those in favor, say "aye." Chairman Teele: All -- Commissioner Gonzalez: We need to clarify this because I'm kind of confused. Chairman Teele: OK, well, fine, let's just take your time. I'm trying to -- Commissioner Gonzalez: I'm kind of confused now. You said that $250, 000 are going to go every year to the disfricts that are going to be having -- Chairman Teele: Not disfricts. Vice Chairman Sanchez: No disfricts, neighborhoods. Ms. Licko: The neighborhoods. Commissioner Gonzalez: Neighborhoods. Vice Chairman Sanchez: You've got them all except one. Commissioner Gonzalez: The neighborhoods Unidentified Speaker: And there's no CPI (Consumer Price Index) -- Commissioner Gonzalez: -- that have -- Sir, we're discussing this among Commissioners. Mr. Chairman. Chairman Teele: Sir, please -- Commissioner Gonzalez: Those monies are going to go to the -- Chairman Teele: -- please don't do that. Commissioner Gonzalez: -- neighborhoods that are going to be having these panels, or whatever -- billboards, or whatever you call them, right? Ms. Licko: That's correct. Commissioner Gonzalez: All right. Ms. Licko: And -- Commissioner Gonzalez: In addition to that -- Ms. Licko: In addition to that, there's a neighborhood enhancement account, which is City ofMiami Page 208 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 $50, 000 per year, and it will go to the districts impacted -- Mr. Arriola: Not districts, neighborhoods. Ms. Licko: -- by the -- Chairman Teele: The -- no. Commissioner Gonzalez: Neighborhoods. Chairman Teele: In this case, the districts that are impacted. Commissioner Gonzalez: The districts that are impacted, OK. In addition to that -- Ms. Licko: In addition to that -- Commissioner Gonzalez: -- we're going to get a renewal fee for permits every year -- Ms. Licko: Every year. Commissioner Gonzalez: -- that will go to the general account. Chairman Teele: General fund. Ms. Licko: General revenue fund, as it does every year. Commissioner Gonzalez: And the settlement -- Chairman Teele: Because that's -- Commissioner Gonzalez: -- that we're getting now, it goes to the general fund? Chairman Teele: Right now, we don't get anything. Right now, we don't get anything for those seven. Ms. Licko: Right now, you're not getting anything simply because we've been in litigation, so they actually owe the City, and they're paying immediately upon execution of the settlement agreement, and $152, 000 that they owe you in back annual renewal fees. Commissioner Gonzalez: OK. Chairman Teele: And that goes into the general fund. Commissioner Gonzalez: All right. OK. All right. Chairman Teele: Further discussion. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All those opposed, say "no." The item is unanimously adopted. SI.7 04-00799 DISCUSSION ITEM DISCUSSION CONCERNING A RESOLUTION DIRECTING THE CITY MANAGER TO WITHHOLD ENFORCEMENT FOR A PERIOD OF THREE (3) YEARS, OF ARTICLE 4/SECTION 401 OF ZONING ORDINANCE NO. City ofMiami Page 209 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 11000, AS AMENDED, ENTITLED "ZONING DISTRICT/SCHEDULE OF DISTRICT REGULATIONS" RELATED TO RESIDENTIAL PROPERTIES IN THE CITY OF MIAMI ("CITY") WITH A SINGLE UNPERMITTED DWELLING UNIT. 04-00799-cover memo.pdf 04-00799-d raft. pdf NO ACTION TAKEN SI.8 04-00755 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Timothy Barber Commissioner Angel Gonzalez (Alternate Category) Raimundo A. Fernandez Commissioner Tomas Regalado (Architect Category) Luis Penelas Commissioner Tomas Regalado (Citizen Category) 04-00755-memo-1 .doc 04-00755-members-2.doc 04-00755 - applications - 3.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-04-0468 A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and was passed unanimously, to appoint the following individuals as members of the Historic and Environmental Preservation Board: 1. Raimundo Fernandez for the Architect category, and 2. Luis Penelas for the Citizen category. A motion was made by Commissioner Gonzalez, seconded by Commissioner Regalado, appointing Timothy Barber as the alternate member of the Historic and Environmental Preservation Board. Chairman Teele: Further items. Madam Clerk, is there something else we need to do? Commissioner Regalado: I need to appoint somebody, if you -- Commissioner Winton: Well, I've got my whole -- City ofMiami Page 210 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Chairman Teele: We got all the appointments. Commissioner Winton: -- I have agenda items. Commissioner Regalado: Well -- and we need to hear the -- Dade County, but can I appoint -- Chairman Teele: Make the motion. Commissioner Regalado: I will move to appoint, because I have two appointments, Raimundo Fernandez and Luis Penelas, as members of the Historic and Environmental Preservation Board. Chairman Teele: SI.8. Is there a second? Commissioner Regalado: SI.8. Commissioner Winton: Second. Commissioner Gonzalez: Second. Chairman Teele: All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. Why are these applicants -- are these applicants by a category, right? Commissioner Regalado: Yeah. My category is one citizen and one architect, and that's what I appointed. Chairman Teele: How many appointments do we have here? How many does each person have, one? Commissioner Regalado: Two. Commissioner Gonzalez: Mr. Chairman, I'm deferring all my appointments -- Chairman Teele: Commissioner -- Commissioner Gonzalez: -- to the next meeting. Chairman Teele: -- may I ask you if you would consider appointing Timothy Barber as an alternate to the Historic Board, who is from one of your categories? Commissioner Gonzalez: Yes, sir. No problem. Chairman Teele: At the request of a historic group. Moved by Commissioner Gonzalez. Commissioner Regalado: Second. Chairman Teele: Seconded by Commissioner Regalado. All in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 211 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Chairman Teele: All opposed? NON -AGENDA ITEMS NA.1 04-00807 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE ESTABLISHMENT OF A NON -DEPARTMENTAL ACCOUNT AND APPROPRIATING FUNDS TO SUPPORT POLICE SERVICES FOR THE QUALITY OF LIFE INITIATIVE EVENTS HELD IN CITY PARKS AND NEIGHBORHOOD OPEN SPACES, PUBLIC RIGHTS -OF -WAY OR OTHER SUCH GOVERNMENT OWNED PROPERTIES; FURTHER AUTHORIZING THE APPROPRIATION OF FUNDS, IN AN AMOUNT TO BE DETERMINED BY THE CITY MANAGER, FOR THE DEPARTMENTS OF POLICE AND CODE ENFORCEMENT QUALITY OF LIFE INITIATIVES TO BE DIVIDED EQUALLY AND USED AT THE DISCRETION OF EACH DISTRICT COMMISSIONER, THE MAYOR AND THE CITY MANAGER FOR PLANNED EVENTS; FURTHER DIRECTING THE CITY MANAGER TO PRESENT A RESOLUTION WITH THE REQUESTED AMOUNTS AT THE CITY COMMISSION MEETING OF JULY 22, 2004. Motion by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0464 Direction to the City Attorney and City Manager by Chairman Teele to review, with diligence, complaints brought to his office regarding the alleged unfair application of the Quality of Life program and to keep Commissioner Gonzalez informed of the outcomes of said complaints, particularly allegations expressed by People United to Lead the Struggle for Equality (PULSE); further requesting that the Adminisfration prepare for commission consideration today, an ordinance on first reading to establish a special, non -departmental account for the police department to fund quality of life task force activities and neighborhoods/parks police activities, as an earmarked commission project; and further requesting that the City Attorney and Adminisfration ensure that community based organizations, such as PULSE, be afforded the opportunity to meet with Commissioner Gonzalez regarding the concerns of the affected business owners. Commissioner Winton further directed the CityAttorney's office to do a full review of the Code and pending cases pertaining to this matter. Chairman Teele: Now, we're going to take up the consent agenda. We had asked Commissioners to look at it. I would like to -- is the Chief still here? Yes, and Deputy Chief Fernandez? I would like to state on the record, officially, that -- Angel, you might want to -- I want to state on the record -- Mr. Manager, I would like to state and be very unequivocal, I think that the Quality of Life Task Force is one of the most important things that we're doing, consistent with the notion of broken window panes and the approach that really brought about community policing. If you take care of the small things, a lot of the big things never develop. Many of these restaurants are dens for young kids after school, in summer like this, where they learn criminal behavior. Anybody operating casino licenses, outside of an Indian reservation, clearly has a criminal intent. I mean, there's just -- there's no way we can underlook it. I am keenly aware of a number of complaints that have been brought to my office regarding the unfair application of the Quality of Life Program, and I want to state on the record that I have confidence in the City Attorney, in the Police Department and, most of all, in Commissioner Gonzalez to ensure that the program is administered in a fair way, but I think we need, Madam City ofMiami Page 212 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Attorney, to deal -- Madam Attorney, I think we -- Madam Attorney, I think we need to deal quickly and in an intelligent manner with these complaints that are coming up, and I'm asking that Commissioner Gonzalez be kept informed, particularly of the complaints that are being prepared and launched by PULSE (People United to Lead the Struggle for Equality) that is now, I understand, engaging an outside lawyer to attempt to attack our ordinance because of an unfair application. They have every right, under the Constitution, to do so, but I think the question here is a failure to communicate, and the Sunshine law doesn't allow me to talk to Commissioners, Commissioner Gonzalez, in this case, and I don't want you to feel that I'm doing anything behind your back, and what I'm asking the management to do and the Attorney to do is to take all cases involving this to your office -- those that are in my disfrict or anywhere else -- so that we can -- and with the CityAttorney's involvement -- so we can get clearer understanding as to what we're doing, and I think it's very important that there be a meeting set up with the Police Chief or whoever he designates, with the City Attorney, with the chain of command at the top that's responsible for this, under the auspices of Commissioner Gonzalez, so that we can clear the air with PULSE, and any other organization that has some concerns about the application. The one thing that I will say about PULSE, the PULSE organization, no matter what position they're taking on anything, they are very, very, very guided by a strong sense of morality, and in many ways, it's difficult for me to understand equal protection issues that PULSE raises in terms of -- how do you say this? Well, I should just not say it, but the fact of the matter is, is that PULSE strongly believes in moral, Judaeo-Christian values. That's probably the best way to say it, to the most extreme, if there is such a thing, and I cannot believe, in any way, would they be trying to sanction gambling or anything like that, and I think you need to know that about PULSE. They are -- they've taken very unpopular positions relating to the gay community and other issues like that. They're very, very clear in their beliefs of uprighteousness (sic) and morality. In that regard, Mr. Manager, I am going to ask that your budget office prepare for first reading today, under my sponsorship, an ordinance to create a special account for the Police Department within the non -departmental accounts to fund Quality of Life for the -- in the future as an earmark project of this City Commission. We can debate the item when it comes up later on this afternoon, but I think, you know, there are two issues that have come up I am very concerned about that the Police Department always seems to be able to dodge. The community organizations that require police presence for culture and artistic -- I'm not talking about entertainment now. I'm talking about culture events in neighborhoods. The Mayor ran on a campaign of reinvigorating neighborhoods; the bond issue the Commission -- the public gave us the financial support to build our parks, et cetera, and now community -based organizations cannot get any real support from neighborhoods. I've got a request right now, this coming weekend, for a culture event to teach kids how to read, and the whole event is being held up because we don't have money for Police, and I just -- we've got to figure this out. On yet -- in my disfrict or in the club district -- not the club district, but the Design District, there are all kinds of police that are not on duty -- that are on duty, not on detail, that are all up in the Gucci lobbyists club district -- not club district, but the Design District, and when they have grand openings there, there's four and five police. I've gone there, gotten their names, so I mean, I know what I'm talking about, but when you've got lobbyists in this town, there's one standard, and when you don't have anybody, there's a different standard, and we've got to cut that out, and I intend to move, with whoever will join me, to create within -- not the Police Department, because I've asked this for two budget years in a row, in the Police Department, for a special events kind of account. Nobody will do it. I'm going to create today -- if there are two other Commissioners that will join me -- an account in the non -departmental account for Police, only for Police, for quality of life kinds of activities, and neighborhood parks activities that requires police, because the police have to be paid, and it doesn't need to be done on your budget if it's not planned for, so I wanted to clear the air on that because there are people saying, Commissioner Gonzalez, that you and I have a fight about this going on; that some of my constituents have accused this thing as being racist. I am concerned about the racial overtones of it, but ifI was concerned about it, that concerned, I would not be fighting to open up an account to continue the enforcement. City ofMiami Page 213 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Commissioner Winton: Mr. Chairman. Commissioner Gonzalez: OK. Let me -- Chairman Teele: Commissioner Winton, Commissioner Gonzalez. Commissioner Winton: I know you said just now you wanted to clear the air, and I couldn't be more confused. There seems to be two different points offocus. One was about the Quality of Life Task Force that he's dealing with; there's a Quality of Life Task Force that's going after bad guys that are doing -- running prostitution, and gambling and those kinds of things, and that was clearly, I think, the focus on the earlier part of your conversation, and as it related to PULSE. I wasn't clear, however, in terms of the instructions that you gave the Manager, as it related to that, so -- Chairman Teele: What - - Commissioner Winton: OK. Chairman Teele: What asked the Manager to do was to get with his budget staff and the legal staff and to prepare an ordinance for us to consider today on first reading, to establish for the benefit of the Police Department, that is only for the use by the Police Department, for the Quality of Life type of task force activities because, apparently, they've run out of money, or there is a money problem or an overtime problem. Commissioner Gonzalez: Well, you know -- Chairman Teele: That's what has been debated before here. Let me just finish and then you can explain. So -- and if it's not needed, they'll fix that in the ordinance. No, it won't be there, and I said and, at the same time, for the Police Department -- in the same account, for those activities that are in neighborhoods, where the police are needed, like in Virrick Park, where somebody wants to have something but they can't have it because it -- the -- Commissioner Winton: Because you need security. Chairman Teele: -- Parks Director requires - - Commissioner Winton: Security. Chairman Teele: -- an on -duty police or security, and they well should, and the event, of course, doesn't come off or whatever because it winds up being something that the neighborhood organization has to pay for in a park, and I'm talking now about events in neighborhoods and in parks, which involves police, and that is the frustration that we have, so it's one account that would be available for the bad guys and the good people. Commissioner Winton: Now, on the bad guy part, also though, were you not instructing the staff and the Police Department to meet with PULSE so that we at least understood what their issues were? Chairman Teele: What asked respectfully -- because the people have come to me. I've met with PULSE three times. I've met with individuals three times. Some of them are in my district,• a lot of them are in Joe Sanchez's district; a lot of them are African -- Vice Chairman Sanchez: Excuse me? Commissioner Winton: PULSE members? City ofMiami Page 214 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Chairman Teele: A lot of the people complaining. Vice Chairman Sanchez: Complaining about what? Chairman Teele: The business owners, who PULSE is bringing in. This involves people that are African descent, that are Honduran and Nicaraguaan, and they feel very strongly and they presented evidence to me, which I'm not competent to judge, that the black businesses are being targeted, and in one case, I told them if a statement were true, that were allegedly made, that they should not stop with the state's attorney, but they should go to the U.S. Attorney, Civil Rights Division, because you can't make those statements in the color of law, if true, but what I'm saying is, I -- Commissioner Winton: Well, there certainly haven't been any of those protesting out here. It seems to me it's been Angel Gonzalez' constituents that -- boy, if you can call them constituents, certainly, the business owners that he's hammered that have been protesting out here, so you wonder about the -- Chairman Teele: I was not aware that there was a protest out here. Commissioner Winton: There's been three of them, that I've seen. Chairman Teele: Let me just answer your question. Commissioner Winton: OK. Chairman Teele: -- as it relates to that. What I asked for is for all of those meetings, instead of them being directed to me, even though it's in my disfrict -- Commissioner Winton: Right. Chairman Teele: -- and some of it's in the Wynwood -- that area that I got from you, particularly along 36th Street, in that area, apparently, 36th, 35th, in that Wynwood/Allapattah area, between mid time and his disfrict, that those people be afforded the opportunity to meet with Commissioner Gonzalez, and I'm ceding my authority or jurisdiction as it relates to that so that there is no question that I'm -- he is not interfering in meeting, but I want him to meet with the people and try to clear these issues up. Joe Arriola (City Manager): Commissioner -- Commissioner Gonzalez: If you allow me -- Commissioner Winton: But if he's meeting with them -- ifI were him, I would make sure that you have staff and -- Chairman Teele: That's what I said. Commissioner Winton: -- Police Department there. Mr. Arriola: OK. Chairman Teele: With the City Attorney. Commissioner Winton: Oh. City ofMiami Page 215 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Chairman Teele: With the City Attorney, and with the representative of the Police Department. Mr. Arriola: Commissioner, let me explain. I have met several, not once, maybe 10 times with all these organizations. I have met personally. I brought them to MRC (Miami Riverside Center); I brought him here; I've gone to their places to meet; I have -- I'm tired of meeting with them, and Commissioner, their issue is why are you not allowing this to happen? It is very clear that nobody here wants it to happen. They have gone -- we have gone overboard trying to help them out. As you know, we set up ways for them to get legal. Some of them have gone the legal way. We have -- but, you know, if Commissioner Gonzalez wants to meet with them again, I'm OK with it, but he's met with them a bunch of times. Commissioner Winton: Well, I'm not sure there's not two separate groups -- Vice Chairman Sanchez: Well -- and that's -- Commissioner Winton: -- that he's talking about here, so -- Commissioner Gonzalez: Yeah. There -- let me tell you what is happening here. These cafeteria owners -- and we're talking about 50 or 60 owners. It doesn't matter if it's 50 or 60 or 10, OK. Commissioner Winton: Or 100. Commissioner Gonzalez: They have gone to the Dominican radio station, all right. They have make accusations. I have been in the radio program. I have taken proofs to the radio station of what was going on in these establishments, all right, so the Dominican radio station didn't want to echo their complaints, because they confirm -- and, you know, you needed to be out there, like I have been every single Friday and Saturday, that I could have been done something better, OK, from 8 p.m. until 4 a.m. in the morning, walking into places with the inspectors and with the Police Department. The Police Department has conducted themselves very professionally. They have done everything according to the rules. They have -- the inspectors have done the same thing. The situation that we had out there, and that we still have out there, is business is operating without license, business selling alcohol improperly, some of them -- at a time, we even hadATF (Alcohol, Tobacco, Firearms) with us, and ATFwas confiscating the liquor, OK, the alcohol, because they didn't even had a license from the state to sell alcohol, all right. I -- we have found minors twelve -year -old girls, and fourteen -year -old girls working at these bars selling alcohol, OK. We have found teenagers from Miami Senior High School, a teacher from Miami Senior High School gave me the tape, and he told me, you know, I have a group of students, 14, 15 years old, they're going to this place, they're consuming alcohol, they're consuming drugs, so I gave it to the Quality of Life Task Force. We went there on a Saturday night. In fact, there was seven boys, between the ages of 15 and 17, and four girls, between the ages of 13 and 17, drinking and consuming alcohol, so we have found -- we have found drugs, we have found crack, cocaine, marijuana. The place that we're talking about on 36th Sfreet and 2ndAvenue, so you know. One night we walk in there -- Chairman Teele: Northwest or northeast? Commissioner Gonzalez: Northwest. Northwest 2ndAvenue and 36th Sfreet. We walk into that establishment, and it was 12:30 midnight. There were two guys with guns, OK. Guns were drawn, OK, at the place, so if this is the type of activity that we want to keep in the City, listen, no problem, you know -- Chairman Teele: Nobody wants to do that. Commissioner Gonzalez: -- but what happened with this group is, they went to the Dominican radio programs. They didn't want to echo their complaints because we -- I brought them proof. City ofMiami Page 216 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 I said, this is what is going on, OK, and I went on the radio and I told the residents of the City of Miami, if you want your child to be accessible to these type of situations, listen, you know, I don't want mine to be a -- then they went to the Cuban radio station. Same thing happened. They called me. I told them what the situation was. I show him what was going on. They didn't want to echo. We had -- remember that we had in these operations, we had Channel 10, Channel 6, Channel 4, Channel 23, Channel 51, Channel 41 filming live the operation. They saw the drugs; they saw people. I mean, we walk into one of these establishments, and in a little room, someone came out of -- running out of that room and we found ladies' underwear hanging on a nail, and a mattress on the floor, OK. That was happening in a establishment in the City ofMiami, all right, so I brought him all of this. The people from the press saw all of this. We had the Miami Herald with us in two operations, two nights. They went in. They saw what was happening. They saw how the police acted. They saw how the inspector acted. Everybody acted very (UNINTELLIGIBLE). What happened with this group is that they don't find anybody else that can take their cause and now they're going to PULSE and they're making accusations of discriminations, you know. Commissioner Winton: Right. Commissioner Gonzalez: It's using the race card. I mean, you know -- I mean, and they using PULSE, and I don't know how PULSE let these people sues them, because I be honest with you. None of the owners of these establishments that I have seen throughout -- we started back -- when did we start, in October? Unidentified Speaker: October. Commissioner Gonzalez: In October, and we are in July now. I haven't seen one African American owner of one of these establishments been affected. I have seen Nicaraguans, I have seen Hondurans, I have seen Salvadorians, I have seen a lot of Cubans, Cuban -Americans, OK, a couple -- one Italian guy, another French guy. Listen, I mean, you know, I'm sorry. If you're acting illegal --I mean, either you comply or -- Commissioner Winton: Or face the -- Commissioner Gonzalez: -- we're going to shut you down. Commissioner Winton: Or face the consequences. Commissioner Gonzalez: Unless we want to change the rule of society, and we want to live in an orgy, you know, and we want to live in the type of atmosphere, then, you know, it's fine. I mean, whatever you want to do, I'll -- you know, no problem. I mean, you know, I can accommodate myself to any situation. If we want to live in orgy, let's live in orgy, you know. Hey, let's enjoy it. Let's everybody jump into the thing, but this is exact -- this is what's going on. They have gone to the -- Chairman Teele: All right now, be careful there. There are children watching. Commissioner Gonzalez: Well, maybe -- Chairman Teele: We don't want you to have a Janet Jackson moment here. Commissioner Gonzalez: -- they don't understand what orgy is, you know. Let me tell you, children today know more than you and I, but that has been the situation. That has been the -- and I have been there. You know, the reason -- let me tell you, I don't want to be there every Friday night and Saturday night. To begin with, my wife, she's watching this. My wife is not too happy about me going on Saturdays and Friday nights until 4 a.m. in the morning, OK, but you City ofMiami Page 217 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 know why I have done it? Chairman Teele: It's no need to have four other wives, mad. Let's just keep it where we are. Commissioner Gonzalez: You know why I have done it? Because I knew that eventually one day this was going to come up, and I wanted to be sure that could say, I was there, and if they act improperly or they act improperly, I'm going to be the first one to say, you acted improperly. You should have done this. Nobody has been abused. All of these ladies have been treated like ladies; all of these gentlemen have been treated like gentlemen, you know, but we need to enforce the law. If we don't want to enforce the law, then, listen, tell me what you want to do and -- hey, I tried to play the game. Commissioner Winton: I think we want to enforce the law, number one. Number two, I think that in light of what Commissioner Teele has said, and that is that PULSE is considering legal action, that what we should do is make sure that some way or another, our City Attorney is involved in doing some sort of review to make sure we're well prepared -- Commissioner Gonzalez: What? Commissioner Winton: -- and that we are as clean as a whistle, which I'm sure we are, but we ought to do some sort of review just to make sure in -- nothing better than being properly prepared if somebody's about to launch an attack. Commissioner Gonzalez: And, Johnny, let me add to this. These cases are going to court, to court. We haven't lost one single case in court. Commissioner Winton: Ought to mean something. Commissioner Gonzalez: Not in the Code Enforcement Board, not on the special master of the City ofMiami. In open court, we haven't lost one single case. Commissioner Winton: That ought to tell you something. Commissioner Gonzalez: In addition to that -- Vice Chairman Sanchez: I would like to add my -- Commissioner Gonzalez: -- I know that Xavier Suarez, the ex -mayor of the City ofMiami, supposedly, according to the information that have, is representing this group. There were allegations made, OK, that what this group of people should do is go to internal affairs and start complaining about abuses so internal affair will take against these police officers. Guess what? Guess what? They invited one of the restaurant owners to one of these meetings, and the guy said I'm not going to participate in this, and the guy told me and told me, Commissioner, they're planning on doing this and this and this to your police officers, and to the City, and I'm not going to be a part of it. I want to run a legitimate business. I'm going to run a legitimate business. I was shut down, but I'm getting my license. I'm doing the right thing the right way. I sent that guy to Internal Affairs. I called internal affairs and told them that wanted them to interview this guy, and he was affected because they shut him down. I was there the night that he got shut down, all right? Commissioner Winton: Well -- Commissioner Gonzalez: So they're playing both type of games. City ofMiami Page 218 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Commissioner Winton: And that's my point. It's clear that these people -- that's the reason they're out here protesting. I'm never heard of anybody -- a concept of protesting because you're doing illegal things? I mean, what baloney. Commissioner Gonzalez: Yeah. Commissioner Winton: But the point is clear, that these people will do anything they can do to stir the pot and to create havoc, and so I think what Commissioner Teele was saying, and certainly what I'm saying is that we need to make sure that we are as clean as a whistle in this whole thing. Commissioner Gonzalez: Right. Commissioner Winton: An extra review is a good thing, so that we make sure we win the war. Chairman Teele: Commissioners, Vice Chairman has been most patient on this, and I certainly think that you've asked to be recognized and I apologize to you for not getting you in. Vice Chairman Sanchez: Thank you, Mr. Chairman. I'm not going to beat this horse to death, but let me -- you've made -- you've touched on a couple of things that just want to clarify, because I think that the support is here for us to support the Police Department, the Quality of Life initiative that has really done a tremendous job, at least in my district it's shown already, and although there's been some opposition, I could guarantee you it's 1 percent of 99 percent of support of what they're doing out there in cleaning up these illegal cafeterias that are bars and prostitution and drug rings, whatever. Now, Commissioner -- Mr. Chairman, you touched on one issue. You said that you wanted to create another Quality of Life. You had the one that went out there and fought crime -- Chairman Teele: No. Vice Chairman Sanchez: -- and then one for entertainment or events. Chairman Teele: IfI could clarify. Vice Chairman Sanchez: Because I was confused with all you said. Chairman Teele: All that I've said is, I asked the Manager to work with the attorney and the Budget Director to create an account, strictly and only for the Police Department, not Fire, not - Vice Chairman Sanchez: To continue to provide the same services they're providing. Chairman Teele: No, I didn't say that. But to provide a special funding for Quality of Life initiatives, 'A, " and "B, " for neighborhood parks, related activities that involve the use of police officers, strictly. Vice Chairman Sanchez: Well, I think that needed to be clarified. The other issue with PULSE came along. Now I find out that -- why PULSE jumped in, because apparently the property -- the business owners were looking for representation. They couldn't find representation, and they went to PULSE to obtain representation. I just wanted to clarify that, butt want to state on the record that am 150 percent in support of the Police Department. I'm 150 percent in favor of the Quality of Life initiative. It has made a tremendous -- Commissioner Winton: Here here. City ofMiami Page 219 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Vice Chairman Sanchez: -- a tremendous effort and difference, and at least in the community that I represent, so if there's one percent or two percent of those people that are opposing this enforcement effort that we're taking forward, believe me, it is not because of just and principle. It's based on their economic pockets that are being hurt, and as I met with them -- and I have met with these business people -- I've told them, if you do thing within the law, you do not have a problem. If you do things outside the law, you have a problem and we'll do everything we can to shut down your business so you can go somewhere else, so I just wanted to state that on the record because I think it is very clear that these five Commissioners here support this Quality of Life. I'm all in favor of providing additional funding to continue these efforts, because I could tell you this much: We've made a significant difference in the entire City ofMiami pertaining to this initiative. Thank you. Chairman Teele: Thank you. Commissioner Gonzalez: Mr. Chairman, if you allow me, one additional point. I don't know if you realize that one of these businesses that at the same time, that were selling alcohol legally, and had dealing drugs and all of that, they had these illegal machines, and we found the book where they kept the records of the monies that they generated. Do you know how much money this businesses was generating with the illegal machines? $60, 000 a month. Commissioner Winton: Wow. Commissioner Gonzalez: $60, 000 a month. When you heard someone that is making illegal $60, 000 a month, without paying taxes or license or running an underground operation, well, these people are going to mobilize. They're going to see PULSE; they're going to see the Pope; they're going to see whoever they have to see in order to see if they can stop the City from acting against these illegal operations, and they can continue to run the businesses the way they've been running it for years and years and years. That's a reality. Vice Chairman Sanchez: May I just add something very brief? Chief you need to put on the record -- because I think what we need to do here -- and I agree with my colleagues -- that we need to build our case on this effort, in case it is being challenged, and I know that one, the state attorney goes along with you. We have an in-house attorney that goes with you, and in most of the cases, in all these raids, the media goes with you, and I'm sure that you have proper documentation to justify these raids and these arrests that are being put forth in case it will be challenged in court, so I think it's important that you put on the record because I went to two of them, and I could tell you that you were extremely prepared, not only to make the arrest and proceed the arrest in court, and get a conviction, but also to follow it up in case we are sued, because they're threatening to sue. They're going to sue, and we need to be prepared. Commissioner Winton: And, Chief you're welcomed to continue your enforcement anywhere in my disfrict, any time you want. Vice Chairman Sanchez: Here here Chairman Teele: All right. We need to -- Commissioner Regalado on this issue. Commissioner Regalado: Yes, very briefly. I -- I'm glad that Commissioner Gonzalez is -- still chairs this effort, butt understand his frustration when he issued the memo to the Manager and the Mayor resigning as the Chairman of the Quality of Life Task Force because of a lack of overtime, and what is -- I still don't understand -- and it's because I don't understand the way the Police Department works -- is why we do not have overtime for this important -- which seems to be shared by five members of the Commission and the Mayor, for every disfrict, and yet, we still have the manpower and the money for Operation Difference. I have never been to one City ofMiami Page 220 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Operation Difference. I've not been -- none have done in the district that I represent, but I've seen it on TV (television). What I've seen on TV is cars going this way and that way, you know, officers, five of them going into a house. I do not understand if these people are not in overtime, if these people are on duty, how we can have the manpower concentrated in one single area and not have the manpower to do the Quality of Life Task Force job? That is something that I still don't understand because if you have a police right there, you cannot have the police -- the same police officer over there, and the last Commission meeting, the deputy Chief said, no, there wasn't -- this was not overtime. This was on duty, so my question is, it's got to be that you move the shifts. It's got to be something, but somewhere there is a breach, and I assume that you're doing this because the Operation Difference has results, but at the same time, the results that you see more is what the Quality of Life Task Force has done. The Operation Difference is concentrated in one single area. The task force is citywide, and the residents are very happy with the Quality of Life Task Force, so unless you have the power of multiplying the bread and the fishes, to me it's very difficult to understand why we don't have that same manpower for Quality of Life and we have it for Operation Difference? That's the thing that I don't understand. Chairman Teele: All right. Deputy Chief Frank Fernandez: Mr. Chairman, ifI may respond? Commissioner Gonzalez: I can add that, you know, I've been trying to work with the administration, with the City Manager, because, as you know, I cannot discuss with the Police Department my concerns -- well, I can discuss my concerns, but I cannot tell him -- Vice Chairman Sanchez: What to do. Commissioner Gonzalez: -- how we like things done, and I have been talking to the Manager and talking to the Manager on different issues, and let me tell you. At this point -- and I don't want to take this meeting to discuss this because I'm going to have another meeting with the City Manager and eventually, if we don't -- if we're not able to get things in order, then I'm going to bring back to the Commission to cease this Quality of Life Task Force because it's enough to be fighting the people out there that are doing illegal things, to also have to be fighting our own people and our own departments so we can run a smooth operation. It has come to a point where the Quality of Life Task Force is having a lot of problems getting staffed by Police, Mr. Manager; it's having a lot of problems being staffed in order to do their operations. There are rental cars that they were using for the undercover officers that go into these bars and into these illegal places, was removed from them, Mr. Manager. They don't have a rental car, and so and so on, and it seems to be an effort -- and I'm not blaming you, Chief but it seems to be an effort from the Police Department to dismantle this unit or to disband this unit, or to get it over with this unit, and let me tell you, if that is what you, Mr. Manager, want to do, fine. Just tell me upfront, in my face, I want to finish this operation, and then I'll bring it back to my colleagues and then we'll decide what to do, because after all, we, here, the five of us, are the ones that dictate policy in the City ofMiami, and apparently people that still don't understand that. I don't know how many years it's going to take, but I don't know. Maybe we do the miracle to make people understand that we are the one that dictate policy in the City ofMiami, not the department directors or anything like that. So you tell me what you want to do. Chairman Teele: How did we go into this? Commissioner Gonzalez: You want to do away with the unit? Mr. Arriola: Mr. Commissioner. Commissioner Gonzalez: Let's do away with the unit, but let's do it up front. Let's look at each other in the eyes and say, let's -- City ofMiami Page 221 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Mr. Arriola: Commissioner. Commissioner Gonzalez: -- get it over with this unit. Chairman Teele: How did we get to this? Mr. Arriola: Commissioner Gonzalez, you know, let's be fair in this case, and while I give you 1,001 percent credit in what you've done -- and you know that I've been extremely supportive -- let's not forget that the Quality of Life idea and set up was something that came from me; thatl was the big supporter of this thing. I came to you and talked, and you and I worked this whole thing. There's nothing -- and you know this -- more important to me than this task force. I have fought for -- Commissioner Gonzalez: Well, then you know what? Show me. Mr. Arriola: Well, I have shown you, sir. Chairman Teele: Can we - Commissioner Gonzalez: Show me. Mr. Arriola: No, no, no. Excuse me. Chairman Teele: Gentlemen, gentlemen, gentlemen, hold on. Can we have this discussion when this ordinance comes up tonight? That's the time to debate -- that's where -- Commissioner Gonzalez: Yeah, let's do it. Chairman Teele: That's where you show everybody -- Commissioner Gonzalez: Yeah, let's do it. Chairman Teele: -- is where the money is. Where is the beef? Commissioner Gonzalez: Yeah, where the money. Chairman Teele: So let's end this on a positive. We've got these officers here. They don't know if we love them or hate them now. Mr. Arriola: We love them. Chairman Teele: And for the record, I just want to say one thing. The only criticisms that have come to my office, Johnny, Commissioner Winton, have nothing to do with what has been discussed all morning. It has to do with the 2COP (Consumption on Premises) and somebody getting a ticket because they're eating a hamburger but not the French fries, or they have a hamburger and a French fries and not the potatoes -- I mean, the green stuff or they have a salad bowl and a chef salad and a beer, and they're arrested because they're violating the 2COP, and we can talk about one armed bandits and slot machines all day, but I'm telling you, you all had better go out and read about diets, the South Beach Diet, and the -- what's the doctor that everybody's -- Vice Chairman Sanchez: Atkins. Chairman Teele: The Atkins Diet, and you can -- City ofMiami Page 222 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Vice Chairman Sanchez: The cracker diet. Chairman Teele: -- I'll tell you this: You're going to go before some big fat judge -- Vice Chairman Sanchez: The beer diet. Chairman Teele: -- who's on a diet, and you all are going to bring those facts up, and the guy's going to say, this law is unconstitutional. It's null and void, and that's what Johnny Winton is trying to warn us, that we better make sure that we know what the facts are, that we're clean, because folks, I've got to tell you something, in 1950, you could say that a meal is a steak and a potato and a salad. You can't say that in 2004, and if you're enforcing a Code, our Code, and you all are letting a police officer determine whether a person is eating a meal or not, you are asking for this law to be invalidated. You're asking for this whole law to be invalidated, so let's get this thing real clear because -- Commissioner Winton: But this is new information. I mean -- Chairman Teele: Well, I don't want to get -- Commissioner Winton: -- I wish you would have put that on the table to begin with. We wouldn't have this long conversation. Chairman Teele: I -- because I didn't -- all I'm talking about is the program and the money. I'm not talking about the issues, and to let everybody meet on this. You cannot enforce a law in which you're giving a police officer - - Commissioner Winton: Yeah. Chairman Teele: -- a determination to determine a person's violating a law because they're not eating a salad or even worse -- Commissioner Winton: No. Chairman Teele: -- if you go into a restaurant and you order a T-bone steak dinner with everything and a beer, what's going to come out first? Commissioner Regalado: The beer. Chairman Teele: The beer and the water, and the person's under arrest. Commissioner Regalado: Yeah. Chairman Teele: Under our law. You can enforce that law. No judge in America is going to uphold that law, so let's work this stuff out. I don't want to get into it. We've got a 10 o'clock. Commissioner Gonzalez: Yeah. Let's go. Chairman Teele: We've got the distinct Ms. Kaplan, who's getting ready to be on CNN (Cable News Network), and FOX News, and I'm committed to this 150 percent, and I'm totally committed to Commissioner Gonzalez continuing as the person who was doing this, and if this were in other city but Miami, he'd be on the front page of the local newspaper as a cleaner upper of the City, as a crime buster. Miami burst into the news in the '50s, when people came down here and did the same thing, and it's hard to believe that, in 2004, we're taking out Casey know City ofMiami Page 223 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 casino apparatus in the magnitude that we are. It's hard to believe that, and that, you know, speaks to the need for what -- why we need Commissioner Gonzalez. Time certain is Ms. Kaplan on the Supervisor of Elections, and I believe this is DI.8. Discussion Item Number 8. Frank, were you going to say something? I'm sorry. I've been frying to get you to speak all day. Deputy Chief Fernandez: No problem, sir. Frank Fernandez, Deputy Chief Miami Police. I just want to clarify some -- the concerns that Commissioner Regalado brought up. Operation Difference, Commissioner, is not just in one area. We have targeted every neighborhood in the City, and for a fact, it is all on duty, and by no way, shape, or form, Commissioner Gonzalez, are we frying to take away the overtime. As a matter of fact, if we had it, we would definitely put it out there, but as you know, we're in a budget situation right now. We've had to limit overtime across the board. Certainly, the Manager did appoint a certain funding for the operation, the Quality of Life or the Code Enforcement Compliance Task Force. However, that funding, we don't have it. We don't have it available to us, so we're looking at our budget, we have to make certain arrangements so that we don't go into a deficit. As you know, we have an anti -deficit -- anti-deficiency ordinance that we have to abide by. Commissioner Gonzalez: Yeah, but you know what? Let me tell you what happened. Deputy Chief Fernandez: Yes, sir. Commissioner Gonzalez: What happened is that we sit down at a table and we make conclusions, and we decide how to go about something, and then everybody goes their own way and tries -- start trying to do their own thing, everybody, because from the beginning, I told the Manager that the money that is generated by this unit should remain with this unit, and we should open a separate account to make sure that these units will maintain itself with the funds that it generates and that has never been done, OK, so I want to know -- Deputy Chief Fernandez: I can respond to that, sir. Commissioner Gonzalez: I want to know what this money is. Because we keep bringing new people here and more promotions, and more consultants, and more -- and then you know, the things that we need to put money on, we don't put money on, and it's money that is spent -- being generated by this unit, OK? Deputy Chief Fernandez: Commissioner, and I just wanted -- Commissioner Gonzalez: So, and it's not your fault. It's not your fault. Deputy Chief Fernandez: I understand, I understand, and I certainly appreciate your support -- Commissioner Gonzalez: It's the administration's fault. Deputy Chief Fernandez: -- and the support of the Commission for the efforts of the Police Department, but do want to clarify an issue that the Operation Difference is on duty; operation -- the Code Enforcement Compliance Task Force is on duty. There's appropriate personnel assigned to it. We've realigned the operation to facilitate this process on duty. We certainly have not stopped it. We're just basically making it more efficient. Chairman Teele: I would appreciate -- I would respectfully appreciate if we could have a full discussion on this -- Commissioner Gonzalez: In the afternoon. City ofMiami Page 224 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Chairman Teele: -- when we bring up that ordinance tonight. I don't want to hold up this whole meeting, because I'm going to tell you something, Frank. You need to -- when you come back, let's explain why we got Sweetwater police all over this place -- Deputy Chief Fernandez: Absolutely. Chairman Teele: -- on that, because we have a problem. Deputy Chief Fernandez: No problem. I could definitely explain that. Chairman Teele: We have a problem, and we need to look at the problem, and Commissioner Gonzalez is not wrong in what he's saying. We have a problem, and if you all want to acknowledge it, fine. If you don't want to acknowledge it, we're going to get into it today. Deputy Chief Fernandez: Commissioner, the bottom line is, it's financial. It's a financial issue. Chairman Teele: It is not a financial - - Deputy Chief Fernandez: It's budget. Chairman Teele: -- problem. It is not a financial problem. It is not just a financial problem. We have a problem of availability of officers in the City ofMiami Police Department -- Deputy Chief Fernandez: Well, that's a fact. Chairman Teele: -- for activities now for the first time in five years, seriously. Deputy Chief Fernandez: It's a fact, sir, that we are understaffed right now, and we're doing everything we can to -- Chairman Teele: Exactly. Deputy Chief Fernandez: -- get officers in the academy. Chairman Teele: And people are not volunteering for duty, and the only -- and I don't want to bump into union issues and all that. The only issue I talked to the Chief when he came in, is I told him I respect the labor union movement as it relates to the Police Department, and there are a lot of issues that are beginning to come up now, and we need to understand some of that, and just assigning people on a late night shift and saying they're on duty is -- I think could have a -- it could have an affect that we don't intend, and unintended consequences, but could we request it this evening? Deputy Chief Fernandez: Absolutely, sir. Chairman Teele: Thank you. Deputy Chief Fernandez: Thank you for the opportunity. Chairman Teele: Mr. Manager, I am asking to bring up the pocket item -- Angel. Commissioner Gonzalez: Yes, sir. Chairman Teele: I'm asking to bring up the pocket item that I asked you to do on the Quality of Life Initiative, as well as the cost of police services in parks citywide, and I'm asking, respectfully, that we take up the resolution at this time, and that you fill in the amounts of money City ofMiami Page 225 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 based upon the revenues that are coming from this right now, in terms of making an account available. In other words, Commissioner Winton, based upon the money coming in -- less the legal expenses, less all of the other stuff-- we need to go ahead and establish an amount of money that we're going to earmark for the Quality of Life, in the non -departmental account, so it will just roll over year after year, to the extent it's not used. That means we have a funding source now for the Quality of Life Initiative, and we have a funding account for police services. This is not for entertainers. This is not for dinners, lunches; strictly for the cost of police services. Commissioner Winton: In parks. Chairman Teele: In parks, or in open space, or neighborhoods, or in -- on streets, because in some areas, like in Little Haiti, where you don't have a park, they do most of the things on the street, and it would be strictly police services. Commissioner Gonzalez: OK. I got some numbers here from -- because I'm not -- I don't have the exact figure on the numbers, butt have some numbers here from Mr. Larry Spring, and -- OK. Chairman Teele: I don't agree with Larry Spring's numbers, by the way. He's lowballed the numbers. Commissioner Gonzalez: No, no. Chairman Teele: He has done -- Joe Arriola (City Manager): Whatever it is -- Chairman Teele: -- exactly -- Mr. Arriola: Whatever it is it is. Commissioner Gonzalez: Not only -- Chairman Teele: Whatever it is, it is. Commissioner Gonzalez: Not only that, but -- Vice Chairman Sanchez: Whatever shall be, shall be. Commissioner Gonzalez: -- it says here, the appropriation of funds, in an amount not to exceed 185, 000, for the Department of Police and Code Enforcement, all right. Chairman Teele: I added the word "Code Enforcement." Commissioner Gonzalez: And the department that is having -- in these units, the people that are having a lot of problems with the staffing, cars, and so on, and so on, and so on -- Chairman Teele: Is who? Commissioner Gonzalez: -- is the police unit. Chairman Teele: Well, take out the word -- strike the word "Code Enforcement." Commissioner Gonzalez: OK. City ofMiami Page 226 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Chairman Teele: Strike the word "Code Enforcement." Commissioner Gonzalez: All right. Chairman Teele: But these numbers are budget range numbers, and at the next meeting, the Manager will give us the actual numbers, OK? Commissioner Gonzalez: OK. Chairman Teele: And I hope everybody is clear. This is only for the Police Department's use, but it is not in the Police budget. It is in the non -departmental account, so the Manager and his staff will be making the determination of when they draw it down, so -- Commissioner Gonzalez: But, Mr. Chairman, we need to clarify that. When you say for the Police Department use -- for the Quality of Life -- Chairman Teele: For the Quality of Life -- Commissioner Gonzalez: -- Task Force, because -- Chairman Teele: For the Quality of Life Task Force -- Commissioner Gonzalez: -- if we don't clarify that, next week, they will be buying motorcycles or Chairman Teele: No, no, no, no, no, no, no. Commissioner Gonzalez: -- airplanes, or whatever. Chairman Teele: Sir -- Commissioner, the reason they can't do it is because it's not going into the Police budget. Commissioner Gonzalez: All right. Chairman Teele: It's going into a non -departmental account budget that is under the Mayor and the Manager's control, and they will be the ones who basically will authorize the use of that, and so it's there for everybody; it's there for the Quality -- and (UNINTELLIGIBLE) -- personally, the Quality of Life is focused, really, on about two districts, not my district and Johnny's district, per se -- Commissioner Gonzalez: Right. Chairman Teele: -- but it's a citywide problem. Commissioner Gonzalez: It's a citywide problem, that's correct. Vice Chairman Sanchez: Butl think that we need to clarify on the usage, because if we don't put that in writing, you know, people will get very creative to tap into these funds. I'm just saying it to safeguard it, do it fairly with the Quality -- because, you know, let's put it in writing because, you know, as you always stated, you know, as long as everybody's in agreement, everybody's a gentleman. Once you don't agree, you can't find the a gentleman. Chairman Teele: You can't find the gentleman. Once you disagree, you can't find the gentle -- Let's pass this as a resolution of concept -- City ofMiami Page 227 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Vice Chairman Sanchez: And bring it back -- Chairman Teele: -- and ask you all to return it on the 22nd, with the specific numbers, and addressing the concerns of Commissioner Gonzalez. Vice Chairman Sanchez: And the usage. Commissioner Gonzalez: Mr. Manager, do you suggest that we leave the amount blank, or we should use -- Chairman Teele: Let's leave the amount blank. Vice Chairman Sanchez: Let's leave it blank. Mr. Arriola: I don't have the numbers so, yes, that's a good idea. Commissioner Gonzalez: OK, very good. A resolution of the City ofMiami Commission directing the establishment of a non -departmental account, and appropriating funds for the purpose of supporting police services related to the Quality of Life Initiative Task Force, and supporting police services for events in City parks and neighborhood open spaces, public right-of-way, or other such government owned properties; further authorizing the appropriation of funds in an amount not to exceed `X" amount, for the amount to be determined by the Finance Director and the City Manager, for the Department of Police Quality of Life Task Force Initiative, and the amount not to exceed an amount to be determined by the Director of Finance and the City Manager, for events to be divided equally and used to the discretion of each district Commissioner, the Mayor and the City Manager. That's my resolution. Vice Chairman Sanchez: Second. Chairman Teele: It's moved and seconded. Vice Chairman Sanchez: As amended. Chairman Teele: As amended, and further requiring that a detailed version be presented on the 22nd meeting, as -- will you accept that as an amendment? Commissioner Gonzalez: I accept the amendment, yes, sir. Chairman Teele: All right. Vice Chairman Sanchez: All right. Chairman Teele: Is there objection? Vice Chairman Sanchez: None. Chairman Teele: All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? Very good, so I think Commissioner Gonzalez and Chief you all are the two big winners, because the Chief just got money to fund a program that we all feel strongly about, fully. The funding source is coming from the settlement from the advertising, and it will be, perhaps, a reoccurring source, depending upon how the Manager's budget -- City ofMiami Page 228 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 recommends his budget, and I think it's a win -win for the whole city. Congratulations, Chief. Commissioner Gonzalez: Thank you, Mr. Chairman. Vice Chairman Sanchez: All right. Chairman Teele: All right. Commissioner Gonzalez: And dear colleagues. NA.2 04-00816 DISCUSSION ITEM A motion was made by Vice Chairman Sanchez, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Gonzalez absent, to schedule the continuation of the July 22, 2004 Commission meeting for Thursday, July 29, 2004, at 9 a.m. to take up any items which may need to be carried over, further stipulating that there is to be one meeting with two agendas, having a Part A agenda on July 22nd and Part B agenda on July 29th. MOTION Vice Chairman Sanchez: Now, is -- what I would recommend is to have the City Manager find a way to split up the agenda for the next Commission meeting. I mean, let's be realistic. We have - - I would say about 75 pages, a bunch of -- dozens and dozens of zoning and planning items, and really, as you stated Commissioner Gonzalez, we do an injustice to the -- Commissioner Gonzalez: Right. Vice Chairman Sanchez: -- residents in Miami who cannot stay here until two, 3 o'clock in the morning to debate an item, or have the opportunity to have a public forum in front of the legislative body. There is an ordinance that exist -- and that we continue to violate all the time -- there's an ordinance that after 9 o'clock, no Commission item should be heard, and it's there for a reason. It's there to protect people. After 9 o'clock, people want to get home; they want to go be with their family, get ready for the next day to go to work, and we can't have that, and really, what we're setting here is a process where we're going to end up losing the voters' respect and -- because, I mean, we're here until 3 o'clock in the morning. Let me tell you, after 11 o'clock, most of the items you put in front of us, I mean, are going through scrambled in a way because of all the items that are in front of us, so the right thing to do is to have the City Manager split up the items so we can hear -- maybe we could hear the non -controversial PZ (Planning & Zoning) items in the morning, and then the controversial PZ item in the afternoon, in all fairness to everyone, because right now we have a lot of items that are being discussed that people are very involved in, moratoriums -- lot of the projects coming in have some opposition, and really, you do a disservice to someone when they're here at 2 o'clock in the morning to come and voice their opinion against and item, so I think, in all fairness, Mr. City Manager, you should take the lead and maybe -- the next meeting's on the 22nd. We deferred some items to the 22nd. Maybe you should take it in spirit, and then maybe -- we have a workshop on the 29th, correct, Mr. Chairman? Chairman Teele: Yes, sir. Vice Chairman Sanchez: Maybe we could do that workshop -- maybe put some items in the workshop, and that way we will have two -- and, listen, if we need to have three meetings before we take the month ofAugust off I think that we owe it to the taxpayers to break it down, give them plenty of time to come and talk about, especially 9073.2 is going to be a big discussion coming up soon. City ofMiami Page 229 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Chairman Teele: I think that's an excellent point, Mr. Vice Chair, and I think what we should consider before we leave tonight is doing in the morning a regular agenda on the 29th and doing the budget workshop in the afternoon. Commissioner Regalado: That's fine. That's fine. Chairman Teele: And that probably puts this whole thing back here in this chambers. That's probably where we're going to come out. Vice Chairman Sanchez: All right. Commissioner Gonzalez: All right. Vice Chairman Sanchez: Sounds good. Chairman Teele: But we'll have to formalize that before we leave tonight. Vice Chairman Sanchez: All right. Commissioner Gonzalez: All right. Chairman Teele: Madam Clerk, make sure we do. Vice Chairman Sanchez: But, once again, Mr. Chairman, we're going to have a voluminous agenda, and I stated for the record to have the City Manager split up, whether it's the 22nd or on the workshop, to try to get as much as we can done before we're not -- you know, we take off in August. Commissioner Winton: And I don't want to spend all day on -- Chairman Teele: A motion by Commissioner Sanchez to designate the morning of July 29th as a carryover Commission date. In other words, it'll be the July 22nd agenda, but what we want is two books; a 22nd agenda part one -- Vice Chairman Sanchez: And a 29th. Chairman Teele: -- and a 29th agenda part two, but it's the same meeting. It'll be carryover, so anything that doesn't get taken up there, it'll just carryover. Commissioner Winton: Well, I'm going to accept that under one condition, Mr. Chairman, that you, as the Chairman, grab total control of that meeting, and we don't wander off we don't -- Chairman Teele: Well -- Commissioner Winton: -- we stay very focused and work through these issues, and not let time -- I don't want to spend my Thursday morning on a Commission meeting. Chairman Teele: OK. Commissioner Winton: I got other business to do, and I'm willing to do that, butl want us to move -- You're the man -- Chairman Teele: OK. Commissioner Winton: -- and you're excellent at that. I'm just asking you to make sure that you City ofMiami Page 230 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 kick our rear ends on that particular -- what day is it? Vice Chairman Sanchez: I'm sure the Chair will do his best. Chairman Teele: The morning of the 29th. Commissioner Winton: No. The meeting before -- Vice Chairman Sanchez: Mr. De Grandy. Chairman Teele: The 22nd. Commissioner Winton: -- so we have less to do on the morning of the 29th. Chairman Teele: 9 a.m., 9 a.m. on the 22nd. Is there a motion -- we have a motion. Commissioner Winton: Second. Vice Chairman Sanchez: Well -- Chairman Teele: Second. This is to have a carryover meeting designated with a -- one agenda, a part one agenda -- a PartA agenda and a Part B agenda -- Vice Chairman Sanchez: Mr. De Grandy, what would be better for you, the 22nd or the 29th? Miguel De Grandy: Mr. Chairman, ifI may. The issue is that this item -- Priscilla Thompson (City Clerk): Name. Mr. De Grandy: -- is going to be considered on the 27th by the County Commission, so we -- Chairman Teele: The question he -- the Commissioner asked you -- Mr. De Grandy: Yes, sir. Chairman Teele: -- representative, is what date is better for you. Mr. De Grandy: The 22nd -- Vice Chairman Sanchez: 22nd? Mr. De Grandy: -- sir. Chairman Teele: Huh? Vice Chairman Sanchez: OK. Mr. De Grandy: The 22nd. Commissioner Winton: 22nd is the only date that works. Chairman Teele: Just give us a minute. City ofMiami Page 231 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 Mr. De Grandy: Yeah. Chairman Teele: Just give us one minute. We have a motion to establish a carryover meeting that is a PartA and a Part B, with this being -- Part B being the morning of -- Ms. Thompson: The 29th. Chairman Teele: -- July 29th, 9 a.m. All in favor, say "aye." Vice Chairman Sanchez: Aye. Commissioner Regalado: Wait, wait, wait. July what? Chairman Teele: 29th. Vice Chairman Sanchez: We have 22nd and 29; 29 is the workshop. We're going to continue after the workshop -- Chairman Teele: 29th is the budget workshop. Vice Chairman Sanchez: -- or before. It doesn't matter. Commissioner Regalado: Oh, OK. Vice Chairman Sanchez: But this item will come back on the 22nd. Commissioner Winton: Yeah. Chairman Teele: Hold it. Not yet. We've got to go back and do that again. All -- do you have a problem with that? All in favor -- Commissioner Regalado: The 29th -- Chairman Teele: Do you have a problem -- Commissioner Regalado: -- no, I don't have a problem. Chairman Teele: Madam Clerk, do you have a problem? Ms. Thompson: No, no. Chairman Teele: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. NA.3 04-00815 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING SUBMISSION OF AN APPLICATION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD") LEAD -BASED PAINT HAZARD CONTROL GRANT PROGRAM, OFFICE OF HEALTHY HOMES AND LEAD HAZARD CONTROL IN SUPPORT OF THE CITY OF MIAMI'S "MIAMI UNLEADED," NEIGHBORHOOD PROGRAM OF EDUCATION AND OUTREACH WHICH HAS ALREADY RECEIVED THE City ofMiami Page 232 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 2004 U.S. CONFERENCE OF MAYORS' FUNDING AWARD OF $300,000, WHICH WILL BE USED AS MATCHING FUNDS FOR THE HUD GRANT. 04-00815 - memo - 1 .pdf Motion by Vice Chairman Sanchez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele NA.4 04-00819 District 4- Commissioner Tomas Regalado R-04-0473 Chairman Teele: Pocket items by Commissioner Sanchez or Commissioner Gonzalez, before you all leave. Commissioner Gonzalez: No. Vice Chairman Sanchez: Thank you, Mr. Chairman. I have one. It's a resolution of the City of Miami Commission authorizing an application to the U.S. Department of Housing and Urban Development, HUD, Office of Healthy Homes and Lead Hazard Control, in support of the City of Miami's Unleaded Neighborhood Program of Education and Outreach, which has already received 300,000 -- which has already received the 204 (sic) U.S. Conference ofMayors funding award of 300, 000, which will be used as matching funds for the HUD grant. So move. Chairman Teele: Is there a second? Commissioner Winton: Second. Commissioner Regalado: Second. Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All right. DISCUSSION ITEM A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and was passed unanimously, directing the City Manager to prepare a resolution to allocate $500,000 from the District 4 Community Development Housing Reserve Fund to the MDHA Development Corporation for the construction at the Smathers Senior Center of an adult living facility; further directing that the item be properly advertised and placed on the July 22, 2004 City Commission agenda. MOTION Chairman Teele: Commissioner Regalado, you have some items you want to take up? Commissioner Regalado: Yes, sir. I have a motion directing the administration to prepare a resolution allocating $500, 000 from the Community Development District 4 Housing Reserve to the MDHA Development Corporation for the construction at the Smathers Senior Center of an adult living facility; further directing that the item be properly advertised, and place it on the agenda of the July 22nd Commission meeting. At that time, I will explain to the City Commission Chairman Teele: Is there a second? City ofMiami Page 233 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 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. The item is unanimously adopted. NA.5 04-00808 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO IMMEDIATELY TAKE ALL NECESSARY STEPS TO INITIATE THE CODESIGNATION PROCESS REGARDING THE CODESIGNATION OF NORTHEAST 55TH STREET BETWEEN NORTHEAST 2ND AND NORTHEAST 4TH AVENUE, MIAMI, FLORIDA, AS "SIR WINSTON CHURCHILL WAY;" FURTHER DIRECTING THE CITY MANAGER TO COMPLETE THE CITY'S CODESIGNATION PROCESS AND RETURN TO THE CITY COMMISSION NO LATER THAN JULY 29, 2004; FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. Motion by Chairman Teele, 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-04-0469 Chairman Teele: All right. Ifyou would allow me, Commissioner -- Vice Chairman, I would like to be recognized for two motions. That's right. Commissioner Winton, if you would allow me -- if you would preside and allow me. Commissioner Winton: You're recognized. Chairman Teele: Thank you. A resolution of the City of Miami Commission directing the City Manager to take all necessary steps to initiate the co -designation process regarding the co -designation of Northeast 55th Street, between Northeast 2nd Avenue and Northeast 4th Avenue, in Miami, Florida, as Sir Winston Churchill Way. Commissioner Regalado: Oh, that's cool. Commissioner Winton: I read that. Chairman Teele: Further directing the City Manager to complete the City co -designation process, and to return to the City Commission no later than July 29th. Vice Chairman Sanchez: Read it all. Chairman Teele: Further directing the City Manager to instruct the Director of Public Works to transmit a copy of this resolution to the offices herein designated. So move. Commissioner Gonzalez: Second. Commissioner Winton: Got a motion and second. Discussion. Hearing none -- City ofMiami Page 234 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 NA.6 04-00820 District 5- Vice Chair Michelle Spence -Jones Chairman Teele: Churchill, as you know, will have been opened for 25 years, the British pub in the heart of Little Haiti -- Commissioner Winton: Yeah. Chairman Teele: -- will be open for 25 years in -- Vice Chairman Sanchez: And I'm sure we're going to have a party, right? Chairman Teele: -- this coming September, and they're going to throw a party, but they will -- going to honor Sir Winston Churchill -- Vice Chairman Sanchez: We'll be there. Chairman Teele: -- and we'll all be there, and we're going to have a special invitation to the French Consul General to join us there, I guess. Joe Arriola (City Manager): The -- we're going to have a little problem with the Irish in the City. Chairman Teele: With the what? Mr. Arriola: We might have a little Irish revolt. They might not want to be part of the Brits being there. Vice Chairman Sanchez: Well, they party everyday. They have a party everyday. Chairman Teele: I'm sure the Police Chief has figured out where it is, with his background. Commissioner Winton: All right. We have a motion and second. Any further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Commissioner Winton: Like sign opposed. The motion carries. Chairman Teele: All right. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO IMMEDIATELY TAKE ALL NECESSARY STEPS TO INITIATE INTERLOCAL AGREEMENTS WITH THE CITY OF CORAL GABLES, CITY OF MIAMI BEACH, MIAMI-DADE COUNTY, THE MIAMI-DADE COUNTY GREATER MIAMI VISITORS & CONVENTION BUREAU AND THE MIAMI SPORTS AND EXHIBITION AUTHORITY TO INDUCE THE ANNUAL SOURCE AWARDS, TO BE BROADCASTED FROM A VENUE WITHIN MIAMI-DADE COUNTY FOR A PERIOD OF THE NEXT FIVE TO TEN YEARS, PROVIDED THAT SAID AWARD SHOW IS BROADCASTED NATIONALLY ON A NATIONAL NETWORK, OR A NATIONAL CABLE NETWORK SUCH AS MTV, BET, FOX, ETC. ; SUCH INDUCEMENTS SHALL INCLUDE, BUT NOT BE LIMITED TO GRANTS, IN -KIND CONTRIBUTIONS, SPONSORSHIPS, AND TAX INCREMENTS OF SALES TAXES FROM HOTEL AND RESTAURANT SALES AND City ofMiami Page 235 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 OTHER SUCH INDUCEMENTS FROM BOTH GOVERNMENT AND PRIVATE SECTORS. Motion by Chairman Teele, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0472 Chairman Teele: And I've discussed this with the City Manager. A resolution of the City of Miami Commission directing the City Manager to immediately take all necessary steps to enter into an interlocal -- to initiate interlocal agreements with the City ofMiami -- of Coral Gables, Miami Beach and Miami -Dade County Greater and Miami Visitors' Bureau, MSEA (Miami Sports and Exphibition Authority) and Miami -Dade County to induce the annual Source Awards to be broadcast from a venue within Miami -Dade County for a period of the next five to ten years, provided that the awards show is broadcast nationally, or in a national network, or national cable network, such as MTV (Music Television), BET (Black Entertainment Television, FOX, et cetera, and such inducement shall include, but not be limited to, grants, in -kind, sponsorship -- and sponsorship and tax increments based upon hotel and restaurant sales from both the government and private sector. I would so move for -- Commissioner Regalado: Second. Chairman Teele: The purpose of this is this is one of the biggest events in the nation. It has grown. If we can get -- it's hip -hop -- if we can get them here -- Commissioner Winton: (UNINTELLIGIBLE) Chairman Teele: -- you know, Johnny, I'm impressed. You must have a young child somewhere. If we can get them to come here and make this a commitment, we can turn a slow weekend in this whole County into a major weekend. It'll be big as race week. The problem is, and I want to put it on the table, these people come here from all over the country, we don't treat them right. If it's a success, the hotels jack up the prices. The promoters don't get anything. They're all working against us, and they came here once before. They had a very bad experience on Miami Beach, as we all know, and we hope to introduce Chief Timoney to them, and -- Vice Chairman Sanchez: I think they know him very well. Chairman Teele: They probably do, but in any event, all we're asking the Manager to do, to look at something like this. I would like to also suggest that we want to look at something like this also with Mardi Gras in the future, but what we're really interested in doing is trying to make Miami a new destination, and I think the Manager's personal experiences with people such as -- I always say the wrong company. It's not Calvin. It's Perry Ellis and others, who are all here from New York, who are tied in with -- Commissioner Winton: Where? Chairman Teele: -- and know the various people like Sean "Puffy" and people that are coming here more and more. We have an opportunity to do something, I think, just like South Beach has, and that's the purpose of the motion. Call the question. Commissioner Winton: All in favor, "aye." The Commission (Collectively): Aye. Commissioner Winton: Like sign opposed. The motion carries. City ofMiami Page 236 Printed on 1/7/2008 City Commission Meeting Minutes July 8, 2004 City ofMiami Page 237 Printed on 1/7/2008