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Don't just pit tf>>_ rr_ .
Subj: Re: Special City Commission Meetings
Date: 9/6/2004 3:15:32 PM Eastern Daylight Time
From: "Fernandez, Javier" <JFernandezaci.miami.fl.us>
To: <Westervale@aol.com>
Cc: 0"Arriola, Joe" <JArriolaeci.miami.fl.us>
Sent from the Internet (Details)
Madame Clerk - Sandra Carraballoso in Communications will be e-mailing
you a copy of the release later today when she arrives at home. By the
time I reached her, she had just left the MRC.
As per our conversation, the Manager will be contacting the
Commissioners to advise them of the cancellation.
Sincerely,
Javier Fernandez
Chief of Staff
Office of the Mayor
Sent from my BlackBerry Wireless Handheld
This communication may contain confidential and/or otherwise proprietary
material and is thus for use only by the intended recipient. If you
received this in error, please contact the sender and delete the e-mail
and its attachments from all computers.
Original Message
From: Westervale@aol.com <Westervale@aol.com>
To: Fernandez, Javier <JFernandez@ci.miami.fl.us>
CC: Thompson, Priscilla A. <PThompson@ci.miami.fl.us>
Sent: Mon Sep 06 14:54:16 2004
Subject: Special City Commission Meetings
As a follow up to our telephone conversation, this is my written request
that a copy of the press release, relative to the Mayor's cancellation
of tomorrow's (09/07/04) scheduled special commission meetings, be
emailed and faxed to me at the addressed listed below.
Email: westervale@aol.com
fax: 305-691-6156
Additionally, I would request confirmation of notification of the
cancellation being sent to each Commissioner.
Thanks in advance for your cooperation.
Reply
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Page 1 of 2
Thompson, Priscilla A.
From: Carballosa, Sandra
Sent: Monday, September 06, 2004 9:08 PM
To: Thompson, Priscilla A.
Subject: FW: City of Miami Special Commission Meeting 9/7/04-Cancel
Importance: High
F.Y.I
We also called local tv channels and print media.
Thanks,
Sandra
Original Message
From: Carballosa, Sandra
Sent: Mon 9/6/2004 1:14 PM
To: Carballosa, Sandra
Cc:
Subject: City of Miami Special Commission Meeting 9/7/04-Cancel
Mayor Manuel A. Diaz
Chairman Arthur E. Teele, Jr.
Vice -Chairman Joe M. Sanhez
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Johnny Winton
Arriola
Media Advisory #12
City of Miami
Release
Office of Communications
Kelly Penton, Director
Phone: 305-416-1440
City Manager Joe
For Immediate
Monday, September 6, 2004
Miami, FL
kpenton@ci.miami.fl.us
Important Notice Regarding Special Commission
Meeting
Miami, FL. — The City of Miami Special Commission Meeting scheduled for
Tuesday, September 7th, has been cancelled due to Hurricane Frances.
9/7/2004
Page 2 of 2
Scheduled Regular Commission Meeting on 9/9/04 will go on.
####
9/7/2004
Page 1 of 1
Thompson, Priscilla A.
From: Carballosa, Sandra
Sent: Monday, September 06, 2004 9:08 PM
To: Thompson, Priscilla A.
Subject: FW: City of Miami Special Commission Meeting 9/7/04-Cancel
Importance: High
Mayor Manuel A. Diaz
Chairman Arthur E. Teele, Jr.
Vice -Chairman Joe M. Sanhez
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Johnny Winton
Arriola
Media Advisory #12
City of Miami
Release
Office of Communications
Kelly Penton, Director
Phone: 305-416-1440
City Manager Joe
For Immediate
Monday, September 6, 2004
Miami, FL
kpenton@ci.miami.fl.us
Important Notice Regarding Special Commission
Meeting
Miami, FL. — The City of Miami Special Commission Meeting scheduled for
Tuesday, September 7th, has been cancelled due to Hurricane Frances.
Scheduled Regular Commission Meeting on 9/9/04 will go on.
###
9/7/2004
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Commissioner Tomas P. Regalado
FROM: Maria J. Chiaro, Interim City Attomey±-
DATE: September 7, 2004
RE: Cancellation of City Commission Meetings
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You have asked the following questions:
1. On what basis can a regular or special City Commission meeting be canceled?
2. If a meeting is cancelled other than by City Commission action and it is not an
emergency, what recourse does the City Commission have?
3. What are the consequences of the cancellation of the special City Commission
meeting scheduled for September 7, 2004, on the planning and zoning items
scheduled to be addressed.
As to question number 1, Section 2-32(c) of the City Code provides as follows:
... the City Commission may, by resolution, designate a substitute day or
time upon which regular City Commission meetings shall be held whenever,
in the opinion of a majority of the members of the City Commission, there is
good cause for such substitution.
It is clear and unambiguous that regular meetings of the City Commission are mandatory
and may not be canceled, absent a valid emergency, but may be rescheduled by resolution of the
City Commission.
Section 2-33(1), of the City Code provides the following:
Special meetings. Nothing in this section shall prohibit either the Mayor,
or the commissioner designated as the presiding officer of the City
Commission, or three City Commissioners, upon the written notice delivered
to the City Clerk, from calling special meetings at any time set by the City
Clerk, provided that reasonable advance notice of same is given to the
Mayor, each member of the Commission, City Manager, City Attorney and
the public. No business shall be conducted or a vote taken at a special City
Commission meeting on business other than the subject(s) for which the
special meeting is called.
o� - oilaa - dev1.
Commissioner Regalado
September 7, 2004
Page 2
The language set forth in Section 2-33(1), above in the City Code does not expressly grant
authority to the Mayor, the Commission or the presiding officer to cancel or reschedule a
meeting that has been duly called. It would logically follow, however, that a majority of the City
Commission which is empowered to reschedule regular City Commission meetings, is also
empowered to reschedule special City Commission meetings.
As to question 2, once a special meeting has been duly scheduled and noticed, it may not
be canceled or rescheduled, absent emergency, except by a resolution of the City Commission.
Therefore, if a meeting has been invalidly canceled, the City Commission may conduct the
meeting as noticed. In the event that the time noticed has lapsed, the special meeting may be
called as provided for in Section 2-33(1).
With regard to question 3, since the P&Z items were not continued by the local
legislative body whose meeting was canceled, such items must be re -noticed in the manner
required by law in order to be lawfully heard.
MJC/ROD/dd
cc: Mayor and Members of the City Commission
Jpe Arriola, City Manager
'Priscilla A. Thompson, City Clerk
Elvi Gallastegui-Alonso, Agenda Coordinator
Teresita L. Fernandez, Executive Secretary
Department of Hearing Boards
W030CancelSpecialCityCommissionMtg
Page 1 of 1
Scheider, Sylvia
From: Thompson, Priscilla A.
Sent: Tuesday, September 07, 2004 2:56 PM
To: Scheider, Sylvia; Medina, Anna M.
Cc: Alonso, Elvi G.
Subject: FW: Re -notice, including posting, mail and newspaper notices of all items on September 7, 2004
commission meeting
F.Y.I.
Priscilla A. Thompson
City Clerk
(305) 250-5370
fax (305) 858-1610
Original Message
From: Lagace, Rita
Sent: Tuesday, September 07, 2004 1:44 PM
To: Fernandez, Teresita
Cc: Rodriguez, Anel; Gelabert-Sanchez, Ana; Slazyk, Lourdes Y.; Thompson, Priscilla A.; Maxwell, Joel E.
Subject: Re -notice, including posting, mail and newspaper notices of all items on September 7, 2004 commission
meeting
Mr. Maxwell advises that because of the cancellation of today's Special City
Commission meeting, all zoning items have to be rescheduled by the
commission for a new hearing date. All the items have to be fully re -noticed
including posting, mail and newspaper notices.
9/7/2004
Thompson, Priscilla A.
From: Carballosa, Sandra
Sent: Monday, September 06, 2004 9:08 PM
To: Thompson, Priscilla A.
Subject: FW: City of Miami Special Commission Meeting 9/7/04-Cancel
importance: High
Mayor Manuel A. Diaz
Chairman Arthur E. Trete, Jr.
Vice -Chairman Joe M. Sw he,
Commissioner Angel Gonzalez
Commissioner Tomds Regalado
Commissioner Johnny Winton
Arriala
Media Advisory #12
City of Miami
Release
Office of Communications
Kelly Penton, Director
Phone: 305-416-1440
City Manager Joe
For Immediate
Monday, September 6, 2004
Miami, FL
iWenton@ci.miami.fl.us
Important Notice Regarding Special Commission
Meeting
Miami, FL. — The City of Miami Special Commission Meeting scheduled for
Tuesday, September 7th, has been cancelled due to Hurricane Frances.
Scheduled Regular Commission Meeting on 9/9/04 will go on.
9/7/2004
###
ARTHUR E. TEELE, JR.
CHAIRMAN
P.O. BOX 330708
MIAMI, FLORIDA 33233-0708
(305) 250-5390
FAX (305) 250-5399
TO: Honorable Mayor Manny Diaz and Vice Chairman Joe Sanchez and Members
of the City Commission
FROM: Arthur E. Teele, Jr., Chairman
DATE: August 26, 2004 "'_�
RE: Special Commission Meeting
Pursuant to City Code, Section 2-33(1), as the Commissioner
designated as the presiding officer of the City of Miami Commission, I am
respectfully amending my original request for a special meeting of the City
Commission on Tuesday, September 7, 2004 at 9:15 a.m. to include a new
item. The subject of the said meeting is now as follows:
• Program and funding to retain City of Miami Police Officers
for one year.
• An anti -deficiency update.
• An instruction to the Auditor General as it relates to
part-time employment report at the Miami Arena.
• Approval of the resolution (motion) regarding
compensation and benefits of the City Attorney
Designee Jorge Fernandez, Esq.
• Swearing in ceremony of the City Attorney*
(9:45 a.m.-Time Certain).
*Note — An informal reception will take place at 12:15 p.m. Time and place
to be determined.
c: Priscilla A. Thompson, City Clerk
Joe Arriola, City Manager
Maria J. Chiaro, Interim City Attorney
CITY OF MI.AM1, FLORIDA
INTER -OFFICE MEMORANDUM
Honorable Mayor and
Members of the City Commission
Chairman Arthur E. Teele, Jr.
Chairman
cP
August�ls,CXDQ4
i�J.
Request for temid`hh?i r ed Sp4*.1
(if necessary) to the or Ft
Special Commis n Meeting
. —September 7 i 004
Please be advised that a Special Commission Meeting has been called for September 7,
2004 at 9:15 a.m. to discuss the following:
• Program and funding to retain City of Miami Police Officers for one year.
• An anti -deficiency update.
• An instruction to the Auditor General as it relates to part-time employment
report at the Miami Arena.
• Approval of the resolution (motion) regarding compensation and benefits of the
City Attorney Designee Jorge Fernandez, Esq.
• Swearing in ceremony of the City Attorney.
According to the City Code Section 2-33(I), "No business shall be conducted or a vote
taken at a special city commission meeting on business other that the subject(s) for which
the special meeting is called". However, if the Mayor or any Commissioner wishes to
add any item(s) to the call of the Special Meeting, you must submit your list of item(s) to
the City Clerk no later than Thursday, September 2, 2004, by noon, to ensure that it is
properly advertised. The City Clerk will then inform my staff of any additions so that I
may amend the call of the Special Meeting. Any items added to the call of this Special
Meeting will not be heard until after 3 p.m. on this same date. Any item not received by
noon on September 2, 2004, may not be considered and will be picked up at the regular
Commission Meeting scheduled on September 9, 2004.
Please do not hesitate to contact the City Clerk at (305) 250-5370 if you should have any
questions regarding this matter.
cc: Joe Arriola, City Manager
Maria J. Chiaro, Interim City Attorney
Priscilla Thompson, City Clerk
CITY OF MIAMI, FLORIDA Revised 8/26/04
INTER -OFFICE MEMORANDUM
TO : Chairman Arthur E. Teele, Jr.
FROM :
Priscilla A. Thompson
taf,v\,
City Clerk
DATE : August 26, 2004 FILE :
SUBJECT : Request to add to call of
Special Commission
Meeting —September 7,
REFERENCES : 2004
ENCLOSURES:
August 24, 2004 Memo
Our office is in receipt of your request to add to the call of the September 7, 2004 Special
Commission Meeting. Pursuant to your request, the notice has been amended to include
the item highlighted below. However, for proper recording purposes and per City Code
Section 2-33(1), it is necessary for you to amend your original memorandum requesting a
Special Commission meeting to be scheduled for Tuesday, September 7, 2004 (see
attached) to include this new item. The subject of said meeting is now as follows:
• Program and funding to retain City of Miami Police Officers for one year.
• An anti -deficiency update.
• An instruction to the Auditor General as it relates to part-time employment
report at the Miami Arena.
• Approval of the resolution (motion) regarding compensation and benefits of the
City Attorney Designee Jorge Fernandez, Esq.
• Swearing in ceremony of the City Attorney.
Please do not hesitate to contact me if you should have any questions.
cc: Honorable Mayor and Members of the City Commission
Joe Arriola, City Manager
Maria J. Chiaro, Interim City Attorney
Elvi Alonso, Agenda Coordinator
Kelly Penton, Director, Office of Communications
Titu _of Otianti
ARTHUR E. TEELE, JR.
CHAIRMAN
P.O. BOX 33070E
MIAM(, FLORIDA 33233-0708
(305) 250-5390
FAX (305) 250-5399
TO: Honorable Mayor Manny Diaz and Vice Chairman Joe Sanchez and Members of
the City Commission
FROM: Arthur E. Teele, Jr., Chairman �^
DATE: August 24, 2004
RE: Special Commission Meeting
Pursuant to City Code, Section 2-33(1), as the Commissioner
designated as the presiding officer of the City of Miami Commission, I
respectfully request a special meeting of the City Commission on Tuesday,
September 7, 2004 at 9:15 a.m. The purpose of the meeting shall be:
• An anti -deficiency update
• An instruction to the Auditor General as it relates to
part-time employment report at the Miami Arena
• Approval of the resolution (motion) regarding
compensation and benefits of the City Attorney
Designee Jorge Fernandez, Esq.
• Swearing in ceremony of the City Attorney*
(9:45 a.m.-Time Certain)
*Note — An informal reception will take place at 12:15 p.m. Time and place
to be determined. 1 /
c: Priscilla A. Thompson, City Clerk
Joe Arriola, City Manager
Maria J. Chiaro, Interim City Attorney i j 1 ; }-d J a .11 a
NOSd1-1 : 5.L t, '/1110Slk
10 :C Wd "i? 0nv hooa
RECEIPT
DATE: August 27, 2004
SUBJECT: Revised Memo regarding request for Special Commission
Meeting — September 7, 2004.
MAYOR DIAZ
COMMISSIONER WINTON
COMMISSIONER GONZALEZ
VICE CHAIRMAN SANCHEZ
COMMISSIONER REGALADO
CHAIRMAN TEELE
CITY MANAGER
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO :
FROM :
Honorable Mayor and
Members of the City Commission
Priscilla A. Thompson
City Clerk
DATE:
SUBJECT:
REFERENCES:
ENCLOSURES:
August 26, 2004
Request for Special
Commission Meeting —
September 7, 2004
FILE :
Our office is in receipt of a memorandum from Chairman Arthur E. Teele Jr. requesting a Special
Commission meeting to be scheduled for Tuesday, September 7, 2004, beginning at 9:15 a.m.
(copy attached) in the City Commission Chambers at City Hall, Miami, Florida. The subject of
said meeting is as follows:
• An anti -deficiency update.
• An instruction to the Auditor General as it relates to part-time employment report at the
Miami Arena.
• Approval of the resolution (motion) regarding compensation and benefits of the City
Attorney Designee Jorge Fernandez, Esq.
• Swearing in ceremony of the City Attorney.
Please also note that at the July 22, 2004 Commission Meeting, the Commission scheduled a
Special Commission meeting on Tuesday, September 7, 2004 at 10 a.m. to deal with zoning
issues and other items referred by the City Manager.
City Code Section 2-33(1) states:
"Special Meetings. Nothing in this section shall prohibit either the mayor, or the
commissioner designated as the presiding officer of the city commission, or three
city commissioners, upon the written notice delivered to the city clerk, from
calling special meetings at any time set by the city clerk, provided that reasonable
advance notice of same is given to the mayor, each member of the commission,
city manger, city attorney and the public. No business shall be conducted or a
vote taken at a special city commission meeting on business other that the
subject(s) for which the special meeting is called."
Pursuant to the above -cited section of the City Code, our office will appropriately advertise and
post notice of said special meeting on the Public Meetings Calendar, notify the Office of
Communications of same and request that said notice be sent out to all media via "blast fax",
televised on our governmental access channel and posted at City Hall and the Miami Riverside
Center.
cc: Joe Arriola, City Manager
Maria J. Chiaro, Interim City Attorney
Kelly Penton, Director, Office of Communications
RECEIPT
DATE: August 26, 2004
SUBJECT: Memo regarding request for Special Commission Meeting
— September 7, 2004.
MAYOR DIAZ
COMMISSIONER WINTON
COMMISSIONER GONZALEZ
VICE CHAIRMAN SANCHEZ
COMMISSIONER REGALADO
CHAIRMAN TEELE
CITY MANAGER
Received
„Ce4e‘fe_,,
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO :
FROM :
Joe Arriola,
City Manager
Arthur E. Teele, Jr.
Chairman
DATE :
SUBJECT :
46214,iiiiii......_
REFERENCES:
ENCLOSURES:
August 26, 2004
Anti -Deficiency Memo
FILE :
Attached is a copy my approved memo dated August 19, 2004, for transfers in
accordance with the Anti -Deficiency Ordinance, relating to the Public Works
Department. I am requesting you take note and determine why the memo was marked
August 11, 2004, and it was delivered to my office on August 19, 2004. Please give me a
follow-up report.
Cc: Honorable Mayor Manny Diaz & Vice Chairman Joe Sanchez &
Honorable Members of the City Commission
Priscilla A. Thompson, City Clerk
Maria J. Chiaro, Interim City Attorney
cn
0
z
t OF MIAMI. FLORD,A
1:;.. . EP:- FF10E MEMORANDUM
Arthur E. Teele, Jr.
Chairman
Joe Arriola
Chief Administrator/City Manager
ECT
70.
August 11, 2004 n -
Anti -Deficiency Ordinance°
o
-n
_'
0
In order to maintain and improve the level of service currently being provided to the City of Miami residents, the
Department of Public Works respectfully requests the approval of the following transfers in accordance with the
Anti -Deficiency Ordinance.
Attached to this memo are three Transfer of Funds request forms.
Transfer #24
This transfer is for $28,000 to cover the cost of a portable compressor, bobcat attachment planer and small
equipment for the Operations section of Public Works. This equipment would allow our Operations section to clean
drainage wells that currently cannot be cleaned. Funding for this transfer is from the Design Section to the
Operational section of Public Works.
From: 001000.310201.6.340 — Other Contractual Services
To: 001000.310501.6.840 — Equipment — New
Transfer #25
This transfer for $70,000 is needed to cover the cost of the Lyric Theater Plat and other engineering services
required due to a boom in development. Funding for this transfer is from the Design section to the Administration
section of Public Works.
From: 001000.310201.6.340 — Other Contractual Services
To: 001000.310101.6.270 — Professional Services — Other
Transfer #26
This transfer is for $40,000 is to cover the cost of sidewalk repairs in various locations within City limits. Funding
for this transfer is from the Operations section to the Construction section of Public Works.
From: 001000.310501.6.545 — Operations Utility Services
To: r 001000.310301.6.340 — Other Contractual Services
/SNG
c Alicia Cuervo Schreiber, Chief of Operations
Linda M. Haskins, Deputy City Manager/CFO
APPROVEDte
Arthur E. Teele, Jr.
Chairman
C:\My Documents\Equipment Purchase - REV.doc