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HomeMy WebLinkAboutCC 2004-09-23 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us Verbatim Minutes Thursday, September 23, 2004 9:00 AM PLANNING AND ZONING City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Joe Sanchez, Chairman Angel Gonzalez, Vice Chairman Johnny L. Winton, Commissioner District Two Tomas Regalado, Commissioner District Four Joe Arriola, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City Commission Verbatim Minutes September 23, 2004 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS Page 3 MV - MAYORAL VETOES Page 3 AM - APPROVING MINUTES Pages 3-4 CA - CONSENT AGENDA Pages 5-13 PA - PERSONAL APPEARANCES Pages 14-20 M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS PH - PUBLIC HEARINGS Pages 22-41 SR - SECOND READING ORDINANCES Pages 42-44 RE - RESOLUTIONS Pages 45-61 BC - BOARDS AND COMMITTEES Pages 62-65 DI - DISCUSSION ITEMS Pages 66-68 PART B PZ - PLANNING AND ZONING ITEMS Pages 69-91 City of Miami Page 2 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Vice Chairman Gonzalez, Commissioner Winton, Chairman Sanchez and Commissioner Regalado On the 23rd day of September, 2004, the City Commission of the City of Miami, 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: 38 a.m. by Chairman Joe Sanchez, recessed at 11 :19 a.m., reconvened at 3: 08 p.m., and adjourned at 4:51 p.m. Note for the Record: Chairman Arthur E. Teele, Jr. was suspended from office by Governor Jeb Bush on Wednesday, September 22, 2004. This action caused a vacany on the Commission. Mayor Manuel A. Diaz appointed Commissioner Sanchez as the new Chairman and Commissioner Gonzalez as the new Vice Chairman. ALSO PRESENT: Joe Arriola, City Manager Jorge Fernandez, City Attorney Priscilla A. Thompson, City Clerk Sylvia Scheider, Assistant City Clerk PRESENTATIONS AND PROCLAMATIONS MAYORAL VETOES DELIVERED 1. Plaques were presented by Luis Prieto on behalf of "Todos para Venezuela" to Mayor Manuel A. Diaz, City Manager Joe Arriola, the Community Relations Board, the Miami Police Department, and Ada M. Rojas, Community Relations Coordinator, expressing gratitute for their assistance during the recall election of the President Chavez of Venezuela on August 15, 2004. Chairman Sanchez: If you could please stand up and join me in a prayer. Stand up and bow your heads. Prayer and pledge of allegiance. Chairman Sanchez: The order of the day. Presentation made. Chairman Sanchez: The next item on the agenda -- are -- there are no veto items from the Mayor. NO MAYORAL VETOES APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Vice Chairman Gonzalez, seconded by Commissioner Regalado, to APPROVE PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Motion by Vice Chairman Gonzalez, seconded by Commissioner Regalado, to APPROVE PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado City of Miami Page 3 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Chairman Sanchez: We also have -- we need approving of the minutes for the following meetings: The Planning & Zoning meeting of May the 23, 2002 and also the Planning & Zoning meeting of June the 24, 2004. We'll start with the Planning & Zoning meeting of May 23, 2002. Need a motion to approve the minutes. Vice Chairman Gonzalez: 1 move to approve the minutes. Chairman Sanchez: There's a motion by the Vice Chair -- Commissioner Regalado: Second Chairman Sanchez: -- Commissioner Gonzalez. Second by Commissioner Regalado for approving the minutes for the May 22, 2002 [sic]. Open for discussion. Any amendments to the minutes? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Hearing none, the motion passes unanimously. We also need a motion for the June 24, 2004. Vice Chairman Gonzalez: Move to approve the one -- the minutes of June -- Commissioner Regalado: Second Vice Chairman Gonzalez: -- 24. Chairman Sanchez: There's a motion by the Vice Chair, second by Commissioner Regalado. It's open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Hearing none, it passes unanimously. ORDER OF THE DAY Chairman Sanchez: Moving to -- let's do PH 1. PH 1 is a public hearing. Well, let me just state on the record the items that have been time certain. Items that have been time certain, if I'm not mistaken, are -- Jorge L. Fernandez (City Attorney): PH.9. Chairman Sanchez: -- for 3: 30, it is PH. 9, PH.10, PH.11 -- Mr. Fernandez: And 12. Chairman Sanchez: -- and PH.12, and also, I believe there was one requested by Economic Development because we're paying an attorney $400 an hour, and we just wanted to keep him here as briefly as we can. That's also going to be time certain at 3:30. Commissioner Winton: Then we need to renegotiate his pay rate. Chairman Sanchez: 1 know, but I want to get him in and out so he doesn't sit here and then, you know, bill us for eight hours. CONSENT AGENDA. City of Miami Page 4 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 CA.1 04-00992 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), ACCEPTING THE BID OF MEF CONSTRUCTION, INC., FOR THE PROJECT ENTITLED "CITYWIDE SIDEWALK EMERGENCY REPAIRS, B- 43118," IN THE PROPOSED AMOUNT NOT TO EXCEED $121,900; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT ACCOUNT NO. 341330, IN THE AMOUNT NOT TO EXCEED$121,900, FOR CONTRACT COSTS PLUS $21,225, FOR ESTIMATED EXPENSES INCURRED BY THE CITY OF MIAMI, FOR TOTAL PROJECT COSTS NOT TO EXCEED $143,125, AS SET FORTH ON THE TABULATION OF BIDS DOCUMENT AND THE DEPARTMENT OF PUBLIC WORKS FACT SHEET, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PROJECT. 04-00992-cover memo.pdf 04-00992-budgetary impact.pdf 04-00992-bid security list.pdf 04-00992-exh ib it. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado R-04-0611 CA.2 04-01018 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "THE CHILDREN'S TRUST GRANT" TO FUND THE DEPARTMENT OF PARKS AND RECREATION'S HEART OF OUR PARKS YEAR ROUND RECREATION, CULTURAL AND CORE EDUCATIONAL OUT -OF -SCHOOL TIME PROGRAMS AT JUAN PABLO DUARTE PARK, LEGION MEMORIAL PARK, MOORE PARK, ATHALIE RANGE PARK AND SHENANDOAH PARK, CONSISTING OF A GRANT FROM THE CHILDREN'S TRUST, IN THE AMOUNT OF $500,000, WITH MATCHING FUNDS, IN THE AMOUNT OF $463,384 FROM THE CITY OF MIAMI, FOR A TOTAL APPROPRIATION AMOUNT OF $963,384; ALLOCATING SAID MATCHING FUNDS FROM THE BUDGETS OF VARIOUS AGENCIES AND THE PARKS AND RECREATION GENERAL FUND; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT ACCEPTANCE OF SAID GRANT. 04-01018-cover memo.pdf 04-01018-budgetary impact.pdf 04-01018-letter. pdf 04-01018-attach ment. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado R-04-0612 City of Miami Page 5 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 CA.3 04-01019 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "THE DEPARTMENT OF EDUCATION GRANT" FOR THE PURPOSE OF PROVIDING ADULT LITERARY, PARENTING SKILLS, AND OTHER FAMILY AND INDIVIDUAL EDUCATIONAL SERVICES FOR THE OVERTOWN NEIGHBORHOOD TARGET POPULATION, WITH SAID PROGRAMS TO BE OPERATED FROM GIBSON PARK, CONSISTING OF A GRANT FROM THE STATE OF FLORIDA DEPARTMENT OF EDUCATION, ADULT EDUCATION AND FAMILY ACT PROGRAM, IN THE AMOUNT OF $50,000; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT ACCEPTANCE OF SAID GRANT. 04-01019-cover memo.pdf 04-01019-budgetary impact.pdf 04-01 01 9-fax. pdf 04-01019-project notification 1. pdf 04-01019-project notification2. pdf 04-01019-project application. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado R-04-0613 CA.4 04-01020 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE USE OF MIAMI-DADE COUNTY FACILITIES FOR FUELING CITY OF MIAMI VEHICLES, FOR THE DEPARTMENT OF POLICE, IN THE AMOUNT NOT TO EXCEED $2,046,500, AND FOR THE GENERAL SERVICES ADMINISTRATION ("GSA"), IN AN AMOUNT NOT TO EXCEED $35,000, ON AN AS -NEEDED CONTRACT BASIS, UNDER THE SAME ESTABLISHED CONTRACTUAL TERMS AND CONDITIONS AGREED TO IN THE LETTER OF UNDERSTANDING, DATED JULY 13, 1994, SUBJECT TO FURTHER EXTENSIONS OR REPLACEMENT CONTRACTS, BY MIAMI-DADE COUNTY; ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED $2,046,500, FOR FISCAL YEAR 2004-2005, FROM THE GENERAL OPERATING BUDGET OF THE DEPARTMENT OF POLICE, AND AN AMOUNT NOT TO EXCEED $35, 000, FOR FISCAL YEAR 2004-2005, FROM THE GENERAL OPERATING BUDGET OF THE GSA, WITH FUTURE FISCAL YEAR FUNDING SUBJECT ONLY TO BUDGETARY APPROVAL. 04-01 020-agreement. pdf 04-01020-budgetary impact.pdf 04-01020-cover memo.pdf 04-01 020-addendum-1 .pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado City of Miami Page 6 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 R-04-0614 CA.5 04-01021 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, ACCEPTING THE PROPOSAL OF MERCY MEDICAL DEVELOPMENT D/B/A MERCY OUTPATIENT CENTER TO PERFORM FIRE -RESCUE ANNUAL PHYSICAL EXAMINATION SERVICES FOR DESIGNATED PERSONNEL, FOR THE DEPARTMENT OF EMPLOYEE RELATIONS, AT AN ESTIMATED ANNUAL AMOUNT NOT TO EXCEED $603,500, WITH INCREASES NOT TO EXCEED FIVE PERCENT (5%) FOR EACH RENEWABLE PERIOD, FOR AN ESTIMATED TOTAL CONTRACT AMOUNT NOT TO EXCEED $3,862,520; ALLOCATING FUNDS FROM THE GENERAL OPERATING BUDGET OF THE DEPARTMENT OF FIRE -RESCUE, ACCOUNT CODE NOS. 001000.280401.6. 260 AND 001000.280601.6.260; REQUIRING PRIOR CITY COMMISSION APPROVAL FOR ANY CONTRACT AMOUNTS EXCEEDING FIVE PERCENT (5%) FOR EACH RENEWABLE PERIOD; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 04-01021-cover memo.pdf 04-01021-budgetary impact.pdf 04-01 021-memo.pdf 04-01 021 -results.pdf 04-01021-corporate resolution.pdf 04-01021-medical protocol.pdf 04-01 021 -exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado R-04-0615 CA.6 04-01022 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE PURCHASE OF POLICE SERVICE DOGS, FOR THE DEPARTMENT OF POLICE, ON A SPOT MARKET, AS -NEEDED CONTRACT BASIS, WITH THE PRE -QUALIFIED VENDORS LISTED ON "ATTACHMENT A," ATTACHED AND INCORPORATED, AS MAY BE AMENDED THROUGHOUT THE TERM OF THE CONTRACT, FOR A TWO-YEAR PERIOD, WITH THE OPTION TO EXTEND FOR AN ADDITIONAL ONE-YEAR PERIOD, IN AN ANNUAL AMOUNT NOT TO EXCEED $24,000, FOR A TOTAL CONTRACT AWARD AMOUNT NOT TO EXCEED $72,000; ALLOCATING FUNDS FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.875. City of Miami Page 7 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 04-01022-cover memo.pdf 04-01022-award form.pdf 04-01022-tabulation of bids.pdf 04-01022-exh ib it. pdf 04-01022-addendum-1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado R-04-0616 CA.7 04-01023 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, ACCEPTING THE PROPOSAL OF MERCY MEDICAL DEVELOPMENT D/B/ A MERCY OUTPATIENT CENTER ("MERCY") TO PERFORM SWORN POLICE ANNUAL PHYSICAL EXAMINATION SERVICES FOR DESIGNATED PERSONNEL, FOR THE DEPARTMENT OF EMPLOYEE RELATIONS, FOR A TWO-YEAR PERIOD WITH THE OPTION TO RENEW FOR TWO ADDITIONAL TWO-YEAR PERIODS, AT AN ESTIMATED ANNUAL AMOUNT NOT TO EXCEED $415,240, WITH INCREASES NOT TO EXCEED FIVE PERCENT (5%) FOR EACH RENEWABLE PERIOD FOR AN ESTIMATED TOTAL CONTRACT AMOUNT OF $2,757,536; ALLOCATING FUNDS FROM THE GENERAL OPERATING BUDGET OF THE DEPARTMENT OF POLICE, ACCOUNT CODE NO. 001000.290201.6.260; REQUIRING CITY COMMISSION APPROVAL FOR FURTHER INCREASES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MERCY, FOR SAID SERVICES. 04-01023-cover memo.pdf 04-01023-budgetary impcat.pdf 04-01023-tree graph.pdf 04-01023-memo. pdf 04-01023-res u lts. pdf 04-01023-acceptance. pdf 04-01023-exh i b it. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado R-04-0617 CA.8 04-01024 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE CITY MANAGER'S RECOMMENDATION APPROVING THE FIRST FINDING OF THE EVALUATION COMMITTEE TO ACCEPT THE PROPOSAL OF MERCY MEDICAL DEVELOPMENT D/B/A MERCY OUTPATIENT CENTER ("MERCY') TO PERFORM THE FOLLOWING EMPLOYMENT DRUG SCREENING SERVICES FOR PART I: (A) COLLECTION FACILITY, (B) DRUG TESTING City of Miami Page 8 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 FACILITY, AND (C) MRO SERVICES AND THE FOLLOWING PART II SWORN FIRE DRUG SCREENING SERVICES: (A) COLLECTION FACILITY, B) DRUG TESTING FACILITY, AND (C) MRO SERVICES, FOR DESIGNATED PERSONNEL, FOR THE DEPARTMENT OF EMPLOYEE RELATIONS (" EMPLOYEE RELATIONS"); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT (" AGREEMENT") WITH MERCY, IN SUBSTANTIALLY THE ATTACHED FORM, FOR A TWO-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, AT AN ESTIMATED ANNUAL COST NOT TO EXCEED $30,000, WITH A COST INCREASE NOT TO EXCEED TEN PERCENT (10%) EFFECTIVE ONLY DURING THE FIRST ONE-YEAR OPTIONAL PERIOD OF THE CONTRACT WITH NO COST INCREASES FOR THE SECOND OPTIONAL PERIOD, FOR AN ESTIMATED TOTAL CONTRACT AMOUNT NOT TO EXCEED $123,000; FURTHER ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO APPROVE THE SECOND FINDING OF THE EVALUATION COMMITTEE TO ACCEPT THE PROPOSAL OF PREVENTIVE MEDICINE TESTING CENTERS INC. D/B/A GLOBAL MRO ("GLOBAL") SERVICES FOR PART III, DOT ALCOHOL AND CONTROLLED SUBSTANCES TESTING: (A) COLLECTION FACILITY, (B) DRUG TESTING FACILITY, AND (C) MRO SERVICES AND PART IV, SWORN POLICE DRUG SCREENING SERVICES: (A) COLLECTION FACILITY, (B) DRUG TESTING FACILITY AND (C) MRO SERVICES, FOR DESIGNATED PERSONNEL, FOR EMPLOYEE RELATIONS, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH GLOBAL, IN SUBSTANTIALLY THE ATTACHED FORM, FOR A TWO-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, AT AN ESTIMATED ANNUAL COST NOT TO EXCEED $67,375, WITH A COST INCREASE NOT TO EXCEED TEN PERCENT (10%) EFFECTIVE ONLY DURING THE FIRST ONE-YEAR OPTIONAL PERIOD OF THE CONTRACT WITH NO COST INCREASES FOR THE SECOND OPTIONAL PERIOD, FOR AN ESTIMATED TOTAL CONTRACT AMOUNT NOT TO EXCEED $276,237.50; ALLOCATING FUNDS, FROM THE GENERAL OPERATING BUDGETS OF THE DEPARTMENT OF EMPLOYEE RELATIONS, ACCOUNT CODE NO. 001000. 270101.6.260, DEPARTMENT OF FIRE -RESCUE, ACCOUNT CODE NO. 001000.280401.6.260, AND THE DEPARTMENT OF POLICE, ACCOUNT CODE NO. 001000.290201.6.260. 04-01024-cover memo.pdf 04-01024-budgetary impact.pdf 04-01024-memo.pdf 04-01024-charts.pdf 04-01024-accepts nce. pdf 04-01024-exh ibit. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado R-04-0618 CA.9 04-01025 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S City of Miami Page 9 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 ), AUTHORIZING THE CITY MANAGER TO EXECUTE A MARKETING PARTNERSHIP AGREEMENT ("MPA"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND CARDIAC SCIENCE, INC., ("CARDIAC SCIENCE"), UTILIZING AN EXISTING CONTRACT, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 4318-01-Y FROM THE CITY OF SAN DIEGO, CALIFORNIA, TO ENHANCE AND EXPAND THE CITY OF MIAMI'S PUBLIC ACCESS DEFIBRILLATION ("PAD") PROGRAM FOR CITYWIDE USE, FOR AN INITIAL ONE-YEAR PERIOD, WITH THE OPTION TO EXTEND FOR FOUR ADDITIONAL ONE-YEAR PERIODS; ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "PUBLIC ACCESS DEFIBRILLATION ("PAD") PROGRAM;" APPROPRIATING SAID FUND WITH GENERATED REVENUE FROM THE OPERATION OF SAID PROGRAM, IN ACCORDANCE WITH THE MARKETING PARTNERSHIP PROGRAM ("MPP") TO SUPPORT EXISTING AND ADDITIONAL FACILITIES, PROJECTS, PROGRAMS AND ACTIVITIES FROM CARDIAC SCIENCE, INC., AND OTHER PAD RELATED FUNDING SOURCES; FURTHER AUTHORIZING THE CITY MANAGER TO EXPEND MONIES FROM THE FUND FOR THE DEVELOPMENT AND OPERATIONS OF SAID PROGRAM; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. 04-01025-cover memo.pdf 04-01025-budgetary impact.pdf 04-01025-letter. pdf 04-01025-proposal request. pdf 04-01025-letter2. pdf 04-01025-proposal request2.pdf 04-01025-quotes. pdf 04-01025-pricing agreement. pdf 04-01025-ag reement. pdf 04-01025-requirements.pdf 04-01025-EO agreement.pdf 04-01025-city of san diego.pdf 04-01025-exh ib it. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado R-04-0619 CA.10 04-01027 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FLORIDA, POWER AND LIGHT, THE TOP -RANKED FIRM IN RESPONSE TO REQUEST FOR QUALIFICATIONS NO. 01-02-224, PURSUANT TO RESOLUTION NO. 03-250 , ADOPTED MARCH 27, 2003, TO PROVIDE ENERGY PERFORMANCE SAVINGS SERVICES FOR AN INITIAL TEN-YEAR PERIOD, WITH THE OPTION TO EXTEND FOR ONE ADDITIONAL FIVE-YEAR PERIOD. City of Miami Page 10 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 04-01027-cover memo.pdf 04-01027-budgetary impact.pdf 04-01027-pre resolution.pdf 04-01027-I ist. pdf 04-01027-exh i b it. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado R-04-0620 CA.11 04-01028 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), APPROVING AN INCREASE IN THE PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT") WITH MILIAN, SWAIN & ASSOCIATES, INC., PREVIOUSLY APPROVED BY RESOLUTION NO. 99- 198, ADOPTED MARCH 23, 1998, IN AN AMOUNT NOT TO EXCEED $23,347 , INCREASING THE AMOUNT FROM $239,900 TO $263,247, FOR ADDITIONAL WORK REQUIRED FOR THE PROJECT ENTITLED " LUMMUS LANDING - RIVERSIDE RIVERFRONT REDEVELOPMENT PROJECT, B-30286," FORMERLY KNOWN AS B-3286; ALLOCATING FUNDS FOR SAID INCREASE FROM CAPITAL IMPROVEMENT PROJECT NO. 322064, ENTITLED "RIVERSIDE RIVERFRONT REDEVELOPMENT PROJECT;" AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM; AND AMENDING RESOLUTION NO. 99-198 TO REFLECT SAID INCREASE. 04-01028-cover memo.pdf 04-01028-budgetary impact.pdf 04-01028-pre PSA.pdf 04-01028-exh i b it. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado R-04-0621 CA.12 04-01029 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN INCREASE IN THE CONTRACT AWARDED TO ROBERT WEINREB, PREVIOUSLY APPROVED FOR ONE YEAR BY RESOLUTION NO. 03-1211 ADOPTED DECEMBER 18, 2003, IN AN AMOUNT NOT TO EXCEED $49,500, INCREASING THE CONTRACT FROM $49,500 TO $56,450 FOR PROJECT MANAGEMENT OF THE BICENTENNIAL PARK REDEVELOPMENT PROJECT, PRIMARY CONSULTANT TO THE VIRGINIA KEY REDEVELOPMENT PROJECT, AND LIAISON FOR THE CHIEF OF OPERATIONS ON SPECIAL PROJECTS; REPORTING TO THE CITY MANAGER FROM THE EFFECTIVE DATE OF THIS RESOLUTION UNTIL SEPTEMBER 30, 2005, PAYABLE MONTHLY, WITH AN OPTION TO RENEW THE CONTRACT FOR AN ADDITIONAL THREE (3) YEARS, REFLECTING A City of Miami Page 11 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 COST OF LIVING ADJUSTMENT (COLA) INCREASE OF 5% EACH YEAR; INCLUDING REIMBURSABLE TRAVEL EXPENSES TO BE INCURRED BY THE CITY THAT SHALL CONFORM TO THE LIMITATIONS SET FORTH IN FLORIDA STATUTE 112.061 (2003); AND FUNDED BY CAPITAL IMPROVEMENTS PROGRAM PROJECT NO. 344102 ENTITLED " DEVELOPMENT PROJECTS -CONSULTANTS," CONTINGENT ON THE AVAILABILITY OF FUNDS, AND OTHER INDIVIDUAL CAPITAL IMPROVEMENT PROJECTS AND OTHER ACCOUNTS THAT HAVE BEEN APPROPRIATED, AND THAT MAY BE ADJUSTED BY THE CITY COMMISSION IN THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCES. 04-01029-cover memo.pdf 04-01029-budgetary impact.pdf 04-01029-pre resolution. pdf 04-01029-attachment. pdf 04-01029-PSA. pdf WITHDRAWN CA.13 04-01030 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PURCHASE OF CELLULAR AND PAGING EQUIPMENT AND SERVICE, IN AN AMOUNT NOT TO EXCEED $80,000, FROM VARIOUS VENDORS FOR VARIOUS USER DEPARTMENTS AND AGENCIES, ON AN AS -NEEDED CONTRACT BASIS, UTILIZING EXISTING STATE OF FLORIDA CONTRACT NO. 725-000-03-1, EFFECTIVE THROUGH DECEMBER 19, 2005, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $80, 000, FOR THE CURRENT FISCAL YEAR (FY 2003-2004) FROM THE OPERATING BUDGETS OF VARIOUS AGENCIES AND USER DEPARTMENTS, WITH FUNDING FOR FUTURE FISCAL YEARS SUBJECT ONLY TO BUDGETARY APPROVAL. 04-01030-cover memo.pdf 04-01030-certification. pdf 04-01030-memos.pdf 04-01030-amendment. pdf 04-01030-memo and certificate.pdf 04-01030-ad m i n i strator. pdf 04-01030-bidders instructions.pdf 04-01030-contract. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado R-04-0622 CA.14 04-01032 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONTINUED ENGAGEMENT OF THE LAW OFFICES OF ROBERT S. GLAZIER FOR REPRESENTATION OF THE CITY OF MIAMI IN VARIOUS APPELLATE MATTERS IN AN AGGREGATE AMOUNT NOT TO EXCEED $ City of Miami Page 12 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 25,000, PLUS COSTS AS APPROVED BY THE CITY ATTORNEY; ALLOCATING FUNDS FROM VARIOUS SELF-INSURANCE AND INSURANCE TRUST FUND ACCOUNTS. 04-01032-cover memo.pdf 04-01032-budget impact.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado R-04-0623 CA.15 04-01033 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONTINUED ENGAGEMENT OF THE LAW OFFICES OF OSCAR E. MARRERO FOR REPRESENTATION OF FORMER POLICE DETECTIVES JAMES E. BOONE AND BRUCE CHARLES ROBERSON IN THE CASE OF JERRY FRANK TOWNSEND VS. CITY OF MIAMI, ETC., ET AL, IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO. 03-21072-CIV-JORDAN, IN AN AMOUNT NOT TO EXCEED $25,000, 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. 04-01033-cover memo.pdf 04-01033-budget impact.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado R-04-0624 CA.16 04-01036 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ENGAGEMENT OF THE LAW FIRM OF WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A., FOR REPRESENTATION OF THE CITY OF MIAMI IN THE CIVIL SERVICE GRIEVANCE CASE NO. 02-03G, IN AN AMOUNT NOT TO EXCEED $50,000, 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. 04-01036-cover memo.pdf 04-01036-memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado R-04-0625 City of Miami Page 13 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 CA.17 04-01026 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI (" CITY") AND FIRST UNION BANK OF FLORIDA, PURSUANT TO RESOLUTION NO. 01-1140, ADOPTED OCTOBER 25, 2001, BY ASSIGNING SAID AGREEMENT TO WACHOVIA CORPORATION; AND GRANTING AN EXTENSION OF THE AGREEMENT, FOR ITS INITIAL OPTIONAL EXTENSION YEAR THROUGH NOVEMBER 29, 2005; FURTHER DELEGATING THE EXTENSION(S) OF ANY REMAINING OPTIONAL TERMS, TO THE CITY MANAGER. 04-01026-cover memo.pdf 04-01026-contract extention.pdf 04-01026-contract extention purchasing .pdf 04-01026-pre resolution.pdf 04-01026-memo.pdf 04-01026-PSA. pdf 04-01026-amendment. pdf 04-01026-exh ibit. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado R-04-0626 CA.18 04-01062 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY RENE SANTIAGO MORALES, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $80,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF RENE SANTIAGO MORALES V. FRANCISCO CASANOVAS, ET AL., IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO. 04- 20949-CIV-MORENO, UPON EXECUTING A GENERAL RELEASE FOR THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.652. 04-01 062-cover memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado R-04-0627 Adopted the Consent Agenda City of Miami Page 14 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, including all the preceding items marked as having been adopted on the Consent Agenda. Chairman Sanchez: We move into the consent agenda, based on the order of the day. Are there any consent agenda that any of the Commissioners wish to pull for discussion at this time? Jorge L. Fernandez (City Attorney): Mr. Chairman. Chairman Sanchez: Yes, sir, Mr. City Attorney. Mr. Fernandez: Consent Item Number 12 has been withdrawn from the consent agenda. Commissioner Regalado: One second, one second. Chairman Sanchez: Consent Agenda 12 -- Mr. Fernandez: Yes. Chairman Sanchez: -- has been withdrawn. Withdrawn -- Commissioner Winton: What is it? Chairman Sanchez: -- or deferred? Mr. Fernandez: Well, deferred, if it is -- if it had required a date certain to be reheard. For now, it's just withdrawn. It'll be brought back to you. Chairman Sanchez: OK, so CA.12 will be withdrawn. Are there any other items that'll be withdrawn from the consent agenda or pulled for discussion? Hearing none, need a mo -- Vice Chairman Gonzalez: I'll move the consent agenda, Mr. Chairman. Chairman Sanchez: Need a motion to approve the consent agenda. Commissioner Winton: Second. Chairman Sanchez: The motion has been made by the Vice Chair. Commissioner Winton: Second. Chairman Sanchez: Second by Commissioner Winton. No discussion on the consent agenda. Well, it's open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion passes unanimously. The motion carried by the following vote: Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Chairman Sanchez: We move into the consent agenda, based on the order of the day. Are there any consent agenda that any of the Commissioners wish to pull for discussion at this time? Jorge L. Fernandez (City Attorney): Mr. Chairman. Chairman Sanchez: Yes, sir, Mr. City Attorney. Mr. Fernandez: Consent Item Number 12 has been withdrawn from the consent agenda. Commissioner Regalado: One second, one second. City of Miami Page 15 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Chairman Sanchez: Consent Agenda 12 -- Mr. Fernandez: Yes. Chairman Sanchez: -- has been withdrawn. Withdrawn -- Commissioner Winton: What is it? Chairman Sanchez: -- or deferred? Mr. Fernandez: Well, deferred, if it is -- if it had required a date certain to be reheard For now, it's just withdrawn. It'll be brought back to you. Chairman Sanchez: OK, so CA.12 will be withdrawn. Are there any other items that'll be withdrawn from the consent agenda or pulled for discussion? Hearing none, need a mo -- Vice Chairman Gonzalez: I'll move the consent agenda, Mr. Chairman. Chairman Sanchez: Need a motion to approve the consent agenda. Commissioner Winton: Second Chairman Sanchez: The motion has been made by the Vice Chair. Commissioner Winton: Second Chairman Sanchez: Second by Commissioner Winton. No discussion on the consent agenda. Well, it's open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion passes unanimously. END OF CONSENT AGENDA City of Miami Page 16 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 PERSONAL APPEARANCES PA.1 04-01034 DISCUSSION ITEM MELISSA FRANTZ PRESIDENT OF MELISSA FRANTZ & ASSOCIATES TO ADDRESS THE COMMISSION CONCERNING TWO EVENTS THAT WILL TAKE PLACE IN SEVERAL PARKS IN MIAMI. 04-01034-cover page.pdf 04-01034-memo.pdf 04-01034-flyer. pdf WITHDRAWN Item PA. 1 was WITHDRAWN at the request of the City Manager. Chairman Sanchez: OK. We'll move into the personal appearance. The first item on the personal appearance, we have Melissa Frantz, president of Melissa Frantz and Associates. Is Melissa here? Joe Arriola (City Manager): No, sir. It's withdrawn. We were unable to talk to her to confirm this, so basically, we're withdrawing -- Chairman Sanchez: All right. The item has been withdrawn by the City Manager. PA.2 04-01035 DISCUSSION ITEM MS. HATTIE WILLIS PRESIDENT OF COMMUNITIES' UNITED TO ADDRESS THE COMMISSION CONCERNING THE FOLLOWING ISSUES 1. MASTER PLAN FOR THE 2ND EAST SECOND AVE. CORRIDOR (LITTLE HAITI PARK PROJECT) - ZONING (57 N.E. 2 AVE., MIAMI, FLORIDA 33127 - NAME - CODE ENFORCEMENT 2. DONATION OF THE LAND BY THE CITY FOR COMMUNITY GARDEN PROJECT. /5515 N.W. 1ST COURT, MIAMI, FLA. 33127. 04-01035-cover page.pdf 04-01035-memo. pdf MOTION A motion was made by Commissioner Winton, seconded by Vice Chairman Gonzalez, and was passed unanimously, directing the City Administration to meet with Ms. Hattie Willis on the feasibility of leasing the land located at approximately 5515 NW 1 Court, for $1 per year, for the purpose of using the land as a food garden for senior citizens in the area; further to come back to the Commission with a recommendation on this issue. Note for the Record: Ms. Willis was referred to the City Administration to address her request to make the area surrounding the proposed Little Haiti Park as children friendly as possible. Chairman Sanchez: We move on to PA.2, which is Ms. Willis, president of the Communities' City of Miami Page 17 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 United. Ms. Willis was here. Yes, ma'am. Always a pleasure to have you here. You look lovely today. Hattie Willis: Good morning. My name is Hattie Willis and 1 live at 5510 Northwest 1st Avenue, and I'm president of Communities' United. This morning I'm here -- I have three issues to address and I'll do them real quickly. Number one is to thank the City again in appreciation for helping with FDOT (Florida Department of Transportation) and the community garden project. If everybody's seen it, probably on Net-9, that we started on 54th Street. 1-95 is going really, really well. We're doing real well. 1 found gardening is very expensive when you want pretty flowers. I'm learning that, but anyway, we're working in collaboration with the City and the County and FDOT to get this done. Now, the second fold of that project was that there is a parcel of land that's owned by the City, and the address is 5515 Northwest 1st Court, and what I've came before the Commission today is to ask permission that they would grant us to be able, I guess, to lease the land for $1 a year to put a food garden for the senior citizens that is in our community, so that they can develop, like they've done Overtown, a food garden in -- adjacent to the community garden for beautification, and where the seniors would plant the food and distribute it in the community and also sell some of it, if they, you know, can do that, so that's my first request from the City, if you would respectfully take a look at that, Commissioners, and grant us that privilege. Chairman Sanchez: OK. Apparently, we could -- someone can direct the City Manager to sit with you and see if you could come into an agreement -- Joe Arriola (City Manager): We'll work it out. Chairman Sanchez: -- and bring it back as a directive to the Commission so we could approve it Ms. Willis: Great, and the other thing is that I've been working very closely with the Little Haiti Parks project, the corridor on Northeast 2nd Avenue, and we are now in the process of -- I just want to make sure that the master plan includes the -- when you do the master plan for the City, that we just make sure that we take care of the rezoning issue, and making sure that certain things that we put in the community are now what we call "children friendly." In other words, if we're going to do the park project, the things around it shouldn't be warehouses and things of those natures. It should be children friendly, so we just want to -- just let you be aware of that we need to work on that, and we're right now working with the City to make sure that the zoning is appropriate. OK. Chairman Sanchez: Ms. Willis, let's go back to your first item and do this right. 1 think we need Ms. Willis: OK. Chairman Sanchez: -- a motion directing the administration -- Commissioner Winton: So moved. Chairman Sanchez: -- to sit down with you and see if you could, along with your community residents and all those involved in that project, to sit down with the administration or one of his staff to see if you can come into an agreement, and then have that brought back to this Commission for approval. There's a motion by -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- Commissioner Winton, second by Vice Chairman Gonzalez. It's open for City of Miami Page 18 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: All those in opposition, having the same right, say "nay." Hearing none, that motion passes unanimously. The second item, pertaining to that -- what is it exactly that you're asking for? I mean, I -- Ms. Willis: OK. We have the Little Haiti -- I guess, staff -- staff, please (UNINTELLIGIBLE), so 1-- I want to make sure 1 say it right, so it'll be on the record. Chairman Sanchez: Right, because 1 don't quite understand what you're asking for here. Ms. Willis: OK. I'm asking -- we're doing the Little Haiti Parks project. Chairman Sanchez: Ms. Willis, could you -- Ms. Willis: OK. Chairman Sanchez: Commissioner Winton, you're recognized. Commissioner Winton: I think I understand what she's asking for -- Ms. Willis: OK. Commissioner Winton: -- and it relates to our master planning process and, Hattie, we're going to have a whole series of neighborhood meetings -- Ms. Willis: Right. Commissioner Winton: -- tied to this master planning process, and so I would recommend two things: One, Ana Gelabert, who's our Planning Director, is right behind you, and before you leave here, meet with her and go through some of those details so she gets notes on it; that's step number one. Step number two, though, is when we have the community meetings -- and we'll have one in that area at some point. We don't have the schedule set yet -- Ms. Willis: Right. Commissioner Winton: -- but you'll get notification, or keep your ears to the -- Ms. Willis: Right. Commissioner Winton: -- so that you hear about the notification, and then bring the point back up again when we're in the community process. Ms. Willis: OK. Commissioner Winton: Now, I'm not going to suggest for a minute that we're going to get rid of all the warehouses around Little Haiti Park. Ms. Willis: No. Commissioner Winton: So 1 don't think that's going to be a part of our master planning process, but I think making the area around the park children friendly -- I don't think they're mutually exclusive. I think we can have warehouses around the park, and 1 think we can have a children - City of Miami Page 19 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 friendly environment that's around the park, as well, and I think that's the objective that we really have to work to, not run out all of the warehouses that may happen to be located around the park. Ms. Willis: Commissioner, let me -- because sometimes people misquote and misstate things that I'm saying. I am the first, OK, of many to sit down and say that economic development is very important to my community. There can be no economic development unless you have community development. Children must be taken care of and their needs. I don't want to run anybody away, but what I want is, if people are going to be a part of our community now, that they need to make sure that their environment and what they run their businesses in facilitate exactly what Commissioner Winton: Bingo. Ms. Willis: -- you're saying. We all working cohesively together. Commissioner Winton: Right. Ms. Willis: I'm not saying that. The only thing I'm saying is, once we -- when we did the Little Haiti Parks project, we got in a lot of trouble because we didn't write things properly, and so we learned from our past mistakes that we need to say what we really want to do in the beginning so that it won't be a problem in the end, and all I'm saying is, in the master plan, we need to create a atmosphere so that from this point forward, something good will come out of whatever is there, OK, so that's it. Commissioner Winton: Got it. Ms. Willis: OK? Commissioner Winton: In agreement. Ms. Willis: Now, my third issue -- Chairman Sanchez: Well, before you go to the third issue, Commissioner Regalado wanted to -- Ms. Willis: OK. Commissioner Regalado: 1 know that this is part of the afternoon session, but it has to do with what you're talking here. It's the proposed special zoning overlay district along Northeast 2nd Avenue. I have received several -- especially one letter from a business entity which, by the way, employs around 50 residents of Little Haiti, and they're concerned about this proposed special zoning overlay district, regarding the Northeast 2nd Avenue because they were not invited to a public hearing that was held on August 26, 2004. Commissioner Winton: Well, at least that's what that says. Commissioner Regalado: And -- well, 1 mean, 1 don't know. 1 don't know if they were or they weren't. Commissioner Winton: Well, that's -- Commissioner Regalado: And what they're asking -- they don't want to oppose. They just want to understand what this is and, you know, I'm just saying that come afternoon, probably we should at least consider for the Planning Department to have a meeting with them and explain it before moving on because they seem not to understand. I'm going to give this letter to our City of Miami Page 20 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Planning Director so she can understand what is going on. 1 don't know what took place in that meeting. 1 don't know who was invited, who wasn't, but I'm just saying that there is concern, and this Commission is always willing to accommodate people whenever it's a zoning issue that would affect anybody, so this has to do basically with what we're discussing here. That's all, Mr. Chairman. Chairman Sanchez: And if I may just elaborate on that. I think the message is very clear that, in the process, everyone must participate in that process, and although that we supported the park, we also must have a balance of economic -- Ms. Willis: Right. Chairman Sanchez: -- in the community. / mean, you got -- people must have jobs -- Ms. Willis: Right. Chairman Sanchez: -- in order to live -- Ms. Willis: Right. Chairman Sanchez: -- and survive, but the --1 think that one of the key factors here is that all those businesses that have been there for so many years, and those -- some of those businesses are hardworking individuals who have -- Ms. Willis: Right. Chairman Sanchez: -- really started from nothing and been able to work very hard to accomplish the American dream of not only owning their home, but also accomplishing to own a business and, somewhere along the line, they may feel that they're not involved, and I think that the only way that we've been able to accomplish what we have been able to accomplish here in building that park and moving that area forward has been by getting everyone involved in the process. Ms. Willis: Right. Chairman Sanchez: And what / implore from you and the administration is that somehow, you know, everyone be involved in the process and, you know, there're going to be people that maybe not want to -- Ms. Willis: Right. Chairman Sanchez: -- want to support the process -- Ms. Willis: Right. Chairman Sanchez: -- but whether they have a different view of either yours, or mine, or anyone's, they need to participate in the process. Ms. Willis. Ms. Willis: Commissioner, I just want to make a statement on the record, and I've made this before on several occasions, and 1 just want this to go on the record, and 1 also want the City, at some point, to write something that explains exactly what is taking place and put it in the newspaper so people would be aware, so they won't feel disenfranchised, but I want everybody to understand that the Little Haiti Park project is not a park. It's a revitalization of the total Northeast 2nd Avenue Corridor, you understand? It's going to have a full facility, state-of-the- art library there. It's going to have a community center, a brand-new NET (Neighborhood City of Miami Page 21 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Enhancement Team) Office. It's going to have a park, as well as it's going to have a black box theater, and it's going to house a whole different array of things. We're not just talking about building a huge park, just a lot of land. We're talking about bringing a revitalization to a community that has nothing to offer to the people around it. Other people, fortunately, when they get ready to move in their communities, all of those things are already laid out for them. Most people pick a community because they have a library, they have a park, you understand? 1 don't want people to think that's what we're doing because we're not. We even went to the County and asked for dollars to rebuild Northeast 2nd Avenue. That's on the agenda. You're working with them so, please, when you speak of it, speak of it as what it is. It's not telling the people that have economic development not to come, but please bring Walmart. Please bring K- mart, but not another rag shop. You understand what I'm saying? We want things that bring jobs to people, and there's a lot of good people that are there right now that have brought jobs for years, and you're right, we don't want them to go away. We just want them to do facade on the outside of their building. Chairman Sanchez: But most of those business want to be a part of that redevelopment -- Ms. Willis: Right. Chairman Sanchez: -- because they're going to benefit from it. Ms. Willis: Right. Chairman Sanchez: And -- Ms. Willis: And they should be. Chairman Sanchez: -- they should, and you know what? K-mart is great. Sams is great and whatever big corporate companies are great but, you know, they've been there for many, many years. Ms. Willis: Right. Chairman Sanchez: They have struggled and, you know, if they want to sell, they could sell. It's perfectly fine. Ms. Willis: Great. Chairman Sanchez: But they want to be a part of the process. Ms. Willis: OK. Chairman Sanchez: They want to be -- you know, they want to belong to the betterment of that community, and I think they're entitled to it, in my opinion. Ms. Willis: And I agree with you. Chairman Sanchez: OK. Ms. Willis: All right. Chairman Sanchez: You had a third item. I don't see a third item. Ms. Willis: The third item just, all of a sudden, appeared last night when I was getting ready to come here. City of Miami Page 22 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Chairman Sanchez: Well, it's not on the agenda. Ms. Willis: I just --1 was on my way -- everything has been happening in Dade County. Anyway, my third item is that I, unfortunately, turned on my television last night and I saw what happened, and I'm very disenfranchised by it, but it's nothing I can do, and I'm not going to talk about that. I'm not here to talk about my Commissioner. I feel really, really bad I'm just talking about what I said before; due process and the fact that we have the right to vote. I would hope that the Commission would think about letting us have a special election in November and voting for whoever it is that's going to sit on the Commission and represent our community, and that's all I'm asking, is the respect to let us be allowed to do that. Chairman Sanchez: Thank you, ma'am, and we -- Ms. Willis: OK. Chairman Sanchez: -- afforded you the opportunity, the respect to state that on the record. However, you know, being that it wasn't on the agenda, OK? Ms. Willis: Yeah. Chairman Sanchez: Have a good day. Ms. Willis: (UNINTELLIGIBLE). Thank you. Chairman Sanchez: Thank you. OK. Lucia Dougherty: Mr. Chairman, may I speak on the issue? Chairman Sanchez: Yes. Pertaining to what, madam? Ms. Dougherty: I represent the Lemon City Homeowners and Taxpayers Association, as well as Chairman Sanchez: Is it pertaining to this item? Ms. Dougherty: -- Sylvia and Manny Wong -- on this issue. Chairman Sanchez: OK. Priscilla A. Thompson (City Clerk): I'm sorry -- Ms. Dougherty: -- which are owners of approximately -- Chairman Sanchez: Would you state your name for the record, please? Ms. Dougherty: Lucia Dougherty, with offices at 1221 Brickell Avenue. I just wanted to have a clarification because when you read this, it says it is a special overlay district on Northeast 2nd Avenue from approximately 54th Street to 67th Street, and from speaking to the Manager, what he was saying is that that really is the properties that are fronting Northeast 2nd Avenue, and we don't have a problem with that because that doesn't affect these industrial owners, but what we would ask that is -- if to the extent that the City is doing any kind of master planning for the west part of 2nd -- Northeast 2nd Avenue, that they would include us. The last time we had a meeting with Elizabeth Plater-Zyberk was in November of 2003. We were told there were going to be follow-up meetings. We've never heard from anybody. My clients -- City of Miami Page 23 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Commissioner Winton: Because there haven't been any more meetings, so -- Ms. Dougherty: Well, I'm sure that the planning process has been going -- ongoing. My clients had been trying to get input and have meetings with -- Commissioner Winton: Not with the master planning process, Lucia. I'm the chairman of the Master Planning Committee, so I can tell you what's been going on because -- Ms. Dougherty: OK. Commissioner Winton: -- I've been to the two meetings that we had this summer. They were all just preliminary planning meetings with absolutely nothing happening -- Ms. Dougherty: All right. Commissioner Winton: -- except us getting actually organized. Ms. Dougherty: So to the extent that you do any master planning for that west area, we would like to be included, so that's all we're asking. Commissioner Winton: Absolutely should be -- Chairman Sanchez: No. Absolutely. Commissioner Winton: -- and 1 guarantee you that you guys are going to be included and invited because -- Ms. Dougherty: Thank you. Commissioner Winton: -- you should be. Chairman Sanchez: I think all the Commissioners stated that. Commissioner Winton: Yeah. Ms. Dougherty: OK. Thank you. Chairman Sanchez: OK. Commissioner Winton: No one should be left out. Chairman Sanchez: Thank you so much. City of Miami Page 24 Printed on 12/16/2009 City Commission Verbatim Minutes September 23, 2004 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ DISTRICT 1 COMMISSIONER ANGEL GONZALEZ DISTRICT 2 COMMISSIONER JOHNNY L. WINTON DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ DISTRICT 4 COMMISSIONER TOMAS REGALADO DISTRICT 5 CHAIRMAN ARTHUR E. TEELE, JR. D5.1 04-00648 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40/ ARTICLE IV/DIVISION 3 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEL/ PENSION AND RETIREMENT PLANS/ CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST TO PROVIDE PROCEDURES FOR THE EQUITABLE TRANSFER OF RETIREMENT PLAN MEMBERSHIPS BY ELIGIBLE EMPLOYEES; MORE PARTICULARLY BY AMENDING SECTION 40-250 OF THE CODE; CONTAINING A REPEALER PROVISION, AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. 04-00648-cover memo.pdf NO ACTION TAKEN City of Miami Page 25 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 PUBLIC HEARINGS PH.1 04-00993 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE CITY MANAGER TO CONVEY TO THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION ("FDOT"), THE FOLLOWING TWO PARCELS OF LAND: PARCEL 1 CONTAINING APPROXIMATELY .817 ACRES OF CITY -OWNED REAL PROPERTY, LOCATED ON NORTHWEST 12TH AVENUE AND 11TH STREET, MIAMI, FLORIDA, (PARCEL 110) AS MORE PARTICULARLY DESCRIBED IN " EXHIBIT A," ATTACHED AND INCORPORATED; AND PARCEL 2 CONTAINING APPROXIMATELY 6,984 SQUARE FEET OF CITY -OWNED REAL PROPERTY, LOCATED ON THE NORTHEAST CORNER OF 12TH AVENUE AND 11TH STREET, MIAMI, FLORIDA, (PARCEL 108) AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT B," ATTACHED AND INCORPORATED, TO BE USED IN CONNECTION WITH THE NORTHWEST 12TH AVENUE BRIDGE RECONSTRUCTION PROJECT, SUBJECT TO FDOT PROVIDING FUNDING IN THE AMOUNT OF $142,645.02, FOR THE COST OF RELOCATING AND IMPROVING THE PUBLIC WORKS WORKSHOP, CURRENTLY LOCATED UNDER THE 12TH AVENUE BRIDGE, TO ANOTHER CITY -OWNED SITE AND TO RETROFIT THE NEW SITE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE SAID CONVEYANCE. 04-00993-cover memo.pdf 04-00993-memo.pdf 04-00993-public hearing.pdf 04-00993-exhibit A.pdf 04-00993-exhibit B.pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado R-04-0630 Chairman Sanchez: So we move to PH.1. It's a public hearing. Commissioner Winton: So moved. Chairman Sanchez: There's a motion. Commissioner Winton: Oh, a public hearing. Sorry. Vice Chairman Gonzalez: Second. Chairman Sanchez: There's a motion and a second. Motion by Winton, second by Vice Chairman Gonzalez. It is a public hearing. Anyone from the public wishing to address this issue, please step forward. The public hearing is closed at this time, seeing that no one's coming forward to discuss this item. It's a resolution. Mr. Attorney, could you please read the resolution for -- into the record? I'm going to make you read a lot. City of Miami Page 26 Printed on 12/16/2009 City Commission Verbatim Minutes September 23, 2004 Jorge L. Fernandez (City Attorney): We typically don't read resolutions into the record, but I'll be glad to read them for you. Chairman Sanchez: OK The Resolution was read by title into the public record by the City Attorney. Mr. Fernandez: I'm sorry. 1 was -- Chairman Sanchez: That's not PH. I. Mr. Fernandez: It isn't PH. 1. You're right. I'm sorry. I have it. I just turned to the wrong one because 1 have that one marked as a special item that needs some discussion. Chairman Sanchez: We just want to make sure that it's -- Mr. Fernandez: Yeah. Chairman Sanchez: -- the right item, so that's why we -- Mr. Fernandez: I'm sorry. Chairman Sanchez: -- had you read it on the record. Mr. Fernandez: You're correct. 1 apologize. Commissioner Winton: So 1-- The Resolution was read by title into the public record by the City Attorney. Chairman Sanchez: OK. No discussion on the item. The public hearing being closed There's a motion and a second All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Resolution passes unanimously. PH.2 04-01037 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 OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE ACQUISITION AND INSTALLATION OF A FIRST -IN FIRE STATION ALERTING SYSTEM, INCLUDING UPGRADES FOR FIRE STATION NO. 3 AND ONE YEAR MAINTENANCE AND SUPPORT SERVICES FOR THE DEPARTMENT OF FIRE -RESCUE FROM WESTNET, INC., IN AN AMOUNT NOT TO EXCEED $1, 065,536.65, WITH A CONTINGENCY RESERVE OF $159,830.50, FOR A TOTAL AMOUNT NOT TO EXCEED $1,225,367.15, ON A CONTRACT BASIS FOR ONE YEAR, OR UNTIL THERE IS SUCCESSFUL IMPLEMENTATION AND A FULLY OPERATIONAL FIRST -IN FIRE STATION ALERTING SYSTEM THROUGHOUT THE REMAINING FIRE STATIONS; AUTHORIZING THE City of Miami Page 27 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM; ALLOCATING FUNDS IN THE TOTAL AMOUNT NOT TO EXCEED $1,225,367.150, FROM CAPITAL IMPROVEMENTS PROJECT NOS. 313303 AND/OR 313302, ACCOUNT CODE NO. 289401.6.840, B-72806 ENTITLED "FIRE STATION ALERTING & RMS." 04-01037-cover memo.pdf 04-01037-memos.pdf 04-01037-budgetary impact.pdf 04-01037-memo.pdf 04-01037-notice to public.pdf 04-01037-westnet letters.pdf 04-01037-pre resolution.pdf 04-01037-pre resolution2.pdf 04-01037-award. pdf 04-01037-exh i b it. pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado R-04-0631 Chairman Sanchez: We move to PH.2, which is a four -fifth resolution. Vice Chairman Gonzalez: Move PH 2. Chairman Sanchez: There's a motion by Vice Chairman Gonzalez. Commissioner Regalado: Second. Chairman Sanchez: There's a second by Commissioner Regalado. It is open for discussion. Hearing none, it's a public --1 mean, before we do that, it's a public hearing. Anyone from the public wishing to discuss this item, please step forward to address this Commission. Commissioner Winton: Move it. Chairman Sanchez: Hearing none, it's been motion and a second. No further discussion. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries unanimously. Mr. Fire Chief did you want to state anything on the record, sir? Maybe a " thank you" or -- Shorty Bryson: Shorty Bryson, Fire Chief Thank you. Chairman Sanchez: OK. PH.3 04-01038 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING THE CITY MANAGER'S FINDING OF A SOLE SOURCE, City of Miami Page 28 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PURCHASE OF THE BLAST GUARD AIR DOLLY SYSTEM, TO INCLUDE CHEMICALS AND TRAINING, FROM VANGUARD RESPONSE SYSTEM, FOR THE DEPARTMENT OF POLICE, AT A TOTAL COST NOT TO EXCEED $33,989.90; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $33,989.90, FROM THE URBAN AREAS SECURITY INITIATIVE GRANT PROGRAM II, ACCOUNT CODE NO. 110111. 280910.6.840 FOR SAID PURPOSE. 04-01038-cover memo.pdf 04-01038-budgetary impact.pdf 04-01038-memos.pdf 04-01038-notice to public.pdf 04-01038-memos2. pdf 04-01038-vanguard letters.pdf 04-01038-nbc team inc. letters.pdf 04-01038-vanguard pages.pdf 04-01038-award. pdf 04-01038-addendum-1.pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado R-04-0632 Chairman Sanchez: PH.3. PH.3 is also a four -fifth resolution. Commissioner Winton: So moved. Chairman Sanchez: OK, there is a -- Vice Chairman Gonzalez: Second. Commissioner Regalado: Mr. Chairman. Chairman Sanchez: Yes. Commissioner Regalado: Chief -- Fire Chief, just don't leave because we have an item here that I wanted to ask you some -- Chairman Sanchez: OK. We're on PH.3. Vice Chairman Gonzalez: Move -- second PH. 3. Chairman Sanchez: There's been a motion by Commissioner Winton, second by Vice Chairman Gonzalez. 1t is open for discussion. 1t is a public hearing. Anyone from the public wishing to step forward and address this issue, please do so now. Seeing none, the public hearing is closed. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay. " Madam Clerk, it passed four -fifth. City of Miami Page 29 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 PH.4 04-01039 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), ACCEPTING THE PLAT ENTITLED "AGUA CLARA," A SUBDIVISION IN THE CITY OF MIAMI ("CITY"), OF THE PROPERTY DESCRIBED IN " ATTACHMENT 1," SUBJECT TO SATISFACTION OF THE CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN " EXHIBIT 1," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI (" CITY CODE"), FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT, FURTHER SUBJECT TO THE FOLLOWING: (1) AN EXECUTED INDEMNIFICATION AND HOLD HARMLESS AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; (2) A BOND ACCEPTABLE TO THE CITY'S RISK MANAGEMENT ADMINISTRATION, AS REQUIRED BY SECTION 54-4 OF THE CITY CODE; AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 04-01039-cover memo.pdf 04-01039-budgetary impact.pdf 04-01039-memol .pdf 04-01039-notice of public hearingl .pdf 04-01039-memo2.pdf 04-01039-notice of public hearing2.pdf 04-01039-memo3.pdf 04-01039-notice of public hearing3.pdf 04-01039-memo4. pdf 04-01039-notice of public hearing4.pdf 04-01039-legal description.pdf 04-01039-exh ibitl .pdf 04-01039-exh i b it2. pdf 04-01039-exh ib it3. pdf 04-01039-pictu re. pdf CONTINUED A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, to CONTINUE item PH.4 to the next Commission Meeting. Chairman Sanchez: PH.4. P -- Vice Chairman Gonzalez: I would like to continue PH.4, Mr. Chairman. Chairman Sanchez: PH.4, Vice Chairman Gonzalez has made a motion to defer the item. Commissioner Regalado: Second. Second Vice Chairman Gonzalez: To continue, to continue. Chairman Sanchez: To continue? To continue the item. There's a second by Commissioner Regalado. Open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 30 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Chairman Sanchez: Anyone in opposition, having the same right, say "nay." The item voted unanimously to continue. Continue to when, next Commission meeting? Vice Chairman Gonzalez: Next Commission meeting. Chairman Sanchez: OK. Vice Chairman Gonzalez: Next month. PH.5 04-01040 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), ACCEPTING THE PLAT ENTITLED "KEW GARDENS FIRST ADDITION," A SUBDIVISION IN THE CITY OF MIAMI ("CITY"), OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT 1," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA , AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 04-01040-cover memo.pdf 04-01 040-budgetary impact.pdf 04-01 040-memo.pdf 04-01040-public hearing.pdf 04-01 040-memo2.pdf 04-01 040-public hearing2.pdf 04-01040-legal description.pdf 04-01 040-exhib it. pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado R-04-0633 Chairman Sanchez: PH.5. PH.5 is -- Commissioner Winton: Another plat. So move. Chairman Sanchez: -- Key Garden -- OK. PH 5 is a motion. Vice Chairman Gonzalez: Second. Chairman Sanchez: Motion by Commissioner Winton, second by Vice Chair Gonzalez. It's a public hearing. Anyone from the public wishing to address this item, please step forward and do so now. Seeing none, the public hearing is closed. There is a motion and a second It is open for discussion. Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Hearing City of Miami Page 31 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 none -- Vice Chairman Gonzalez: I'll move PH.6. Chairman Sanchez: Wait, wait. We still haven't finished -- Vice Chairman Gonzalez: I'm sorry. Chairman Sanchez: -- the vote. Hearing none, it passes unanimously. PH.6 04-01041 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), ACCEPTING THE PLAT ENTITLED "WAGNER SQUARE," A SUBDIVISION IN THE CITY OF MIAMI ("CITY"), OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF THE CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT 1," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 04-01041-cover memo.pdf 04-01041-budgetary impact.pdf 04-01 041 -memo.pdf 04-01041-public hearing.pdf 04-01 041 -memo2.pdf 04-01041-public hearing 2.pdf 04-01041-legal description.pdf 04-01041-exh ib it. pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado R-04-0634 Chairman Sanchez: PH.6. Vice Chairman Gonzalez: Move PH 6. Commissioner Winton: Second. Chairman Sanchez: PH.6 is a resolution. There's a motion and a second, and it is also a public hearing. Anyone from the public here to address this item, please step forward and be recognized Seeing none and hearing none, the public hearing is closed. We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Hearing none, motion passes unanimously. City of Miami Page 32 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 PH.7 04-01042 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AUTHORIZING THE CITY MANAGER TO EXERCISE THE OPTION TO PURCHASE THE PROPERTY LOCATED AT 3188 SOUTHWEST 16TH TERRACE, MIAMI, FLORIDA , AS LEGALLY DESCRIBED IN THE OPTION AGREEMENT BETWEEN THE CITY OF MIAMI AND LPR ENTERPRISES OF MIAMI, INC., A FLORIDA CORPORATION, ATTACHED AND INCORPORATED, IN CONNECTION WITH THE DEVELOPMENT OF A FIRE STATION, FOR A TOTAL PURCHASE PRICE NOT TO EXCEED $1,408,000, AND TO CONSUMMATE SAID TRANSACTION IN ACCORDANCE WITH THE TERMS OF SAID OPTION AGREEMENT; ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED $1,453,000, FROM THE NEIGHBORHOOD FIRE STATIONS AND TRAINING FACILITY PROJECT ACCOUNT NO. 313306. 289307 APPROPRIATED FROM THE $255 MILLION HOMELAND DEFENSE/ NEIGHBORHOOD IMPROVEMENT BOND FOR COST INCLUDING BUT NOT LIMITED TO SURVEYS, APPRAISALS, ENVIRONMENTAL REPORTS, TITLE INSURANCE AND OTHER COSTS ASSOCIATED WITH SAID ACQUISITION. 04-01042-cover memo.pdf 04-01042-memo. pdf 04-01042-public hearing.pdf 04-01042-exh ib it. pdf WITHDRAWN Item PH.7 was WITHDRAWN at the request of the City Manager. Chairman Sanchez: And we move on to PH.7. PH.7 -- Joe Arriola (City Manager): That's been withdrawn, sir. Chairman Sanchez: PH.7 was withdrawn. Commissioner Winton: Good. Chairman Sanchez: OK. Commissioner Regalado: Can 1-- Chairman Sanchez: PH.7. Commissioner Regalado: Mr. Chairman. Commissioner Winton: So we can renegotiate the price? Commissioner Regalado: Mr. Chairman. Chairman Sanchez: Well, Commissioner Regalado, you are recognized for this item, sir, but the item has been withdrawn by the administration. Commissioner Regalado: Right. I just want to understand why it was withdrawn. This is the fire station that we're supposed to have in District 4 to serve the Coral Gate, the Shenandoah, Silver Bluff and, 1 think -- well, I guess, part of the Roads -- Commissioner Winton: Right. City of Miami Page 33 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Commissioner Regalado: -- but mostly that. 1 have some questions because, for a year, 1 have -- I've been getting reports from Chief Flores about the properties. Always you were looking for something that has to be located between 17 and 27th Avenue. I saw this in the draft agenda and I tried to find out, and 1 was told that it was the right side; that it was within the boundaries, but then when it was withdraw from the Bond Oversight Committee, I was told that it was -- because it was outside of the boundaries of service, because it was too way west. Also, the property changed hands in July, and we are buying it -- or we were trying to buy one month after it changed hands. It changed -- it was bought in July for $900, 000, and we were paying -- Commissioner Winton: Geez. Commissioner Regalado: -- 1, 400, 000, so I just want to understand what is going to happen. Are we deciding not to buy this property anymore? Mr. Arriola: We're not buying that property. Commissioner Regalado: Can we -- why is that? What is -- Mr. Arriola: Because I don't like the price. I didn't think it was a good price, and I just withdrew it. They went ahead, presented it to me and 1 said no. End of story, really. I don't like the price. Commissioner Regalado: OK, so it's not about boundaries? Mr. Arriola: It could be about boundaries, but I didn't get into that, Commissioner. The thing is, 1 don't like the price and we're not going to buy it for that price. End of story. Commissioner Regalado: Right, but -- and 1 really thank you because what you did was the right thing, but how did we got so far? How did we got in the agenda? We advertised in the paper $1, 480, 000, 1,053,000 from the bond project. I don't know why we did got so far. Mr. Arriola: Commissioner, things happen in the City. I caught it and that's what I'm here for. Chairman Sanchez: No. Maybe 1-- Mr. Arriola: And 1 took it out. Chairman Sanchez: Maybe 1 could answer that. I also had two concerns with that, and you're absolutely right on the boundaries. About two years ago, the Fire Department approached this legislative body looking to improve the response time, which we all agreed on based on the bonds, and we had opportunity to put out the bond and obtain money to build two fire stations, one in the north end and one in the south end, and it was sold to me as being placed in an area where it was from 17th Avenue to 27th Avenue, from 25th to 16th, if I'm not mistaken and, really, when it came back, it was on 32nd Avenue and 16, and I had a lot of concerns as to -- I was not comfortable with the questions that I asked as to the response time, whether it was going to alleviate the response time or not, and some of the ideas was -- say, well, if it's a.m. or p. m. There was just a lot of things that I wasn't very comfortable with, so 1 also showed some concern. Also, on the price that you stated, the property being bought for 950, and then two months later, the property's being flipped -- the only word for it is 'flipped" -- for $1, 500, 000. That's a great investment. 1 mean, they could buy my house and build a fire station, if they want it, but I could see the concern of the Fire Department and, as time goes on, we're going to need to buy a property. Property's going to continue to increase in value, and it's just a tough call to make, and I think the administration (UNINTELLIGIBLE) it out -- two of the Commissioners were City of Miami Page 34 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 concerned about and they pulled it from the agenda. Commissioner Regalado: Well, I wasn't asked, but I just --1 knew that it was pulled from the agenda from the Oversight Board because somebody called me, but I think that we could just keep looking for a property but, you know, had we moved forward with this and, you know, if Joe Arriola had been on vacation, what could have happened? Chairman Sanchez: Well, 1 don't think it would have passed. Commissioner Winton: We would have turned it down. Chairman Sanchez: We -- Commissioner Regalado: I know. I know that, but it doesn't look right. It does -- it isn't right and it doesn't look right that the City is like giving away $500, 000 in profits for somebody who's flipping a property in one month. It just doesn't look right and that is my point, that some neighbors had to call the attention to this and, hopefully, the next time -- and by the way, the City tried also to buy the duplex next door, and the persons were -- called me because they were really nervous because they were told that they had to sell that to the City, the duplex next door, and the family didn't want to sell, and that's not the way to function because pulling the City's weight is not right to ask or force people to sell their property, so I guess next time we're going to do it different. Chairman Sanchez: OK. Well -- Commissioner Regalado: Thank you. Chairman Sanchez: Thank you, Mr. -- Commissioner Gonzalez. Vice Chairman Gonzalez: All right. Chairman Sanchez: 1 mean, Commissioner Regalado. PH.8 04-01050 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AUTHORIZING THE CITY MANAGER TO EXERCISE THE OPTION TO PURCHASE THE PROPERTY LOCATED AT 301 NORTHEAST 62ND STREET, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN THE OPTION TO PURCHASE REAL PROPERTY AND AN ADDENDUM TO OPTION TO PURCHASE REAL PROPERTY (COLLECTIVELY "OPTION AGREEMENT") BETWEEN THE CITY OF MIAMI AND SOUL HARVEST MIRACLE REVIVAL CENTER, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION, ATTACHED AND INCORPORATED, IN CONNECTION WITH THE DEVELOPMENT OF LITTLE HAITI PARK, WITH A PURCHASE PRICE OF TWO MILLION THREE HUNDRED FIFTY THOUSAND DOLLARS ($2,350,000) AND TO CONSUMMATE SAID TRANSACTION IN ACCORDANCE WITH THE TERMS OF SAID OPTION AGREEMENT; FURTHER ALLOCATING FUNDS IN THE AMOUNT OF $2,405,000, FROM THE $255 MILLION HOMELAND DEFENSE/ NEIGHBORHOOD IMPROVEMENT BOND FOR COSTS INCLUDING BUT NOT LIMITED TO SURVEYS, APPRAISALS, ENVIRONMENTAL REPORTS, TITLE INSURANCE, AND OTHER COSTS ASSOCIATED WITH SAID ACQUISITION. City of Miami Page 35 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 04-01050-cover memo.pdf 04-01 050-memo.pdf 04-01050-public hearing.pdf 04-01 050-exhibit.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado R-04-0635 Chairman Sanchez: Now, we have -- let's go to SR.1. SR. 1 is -- Priscilla A. Thompson (City Clerk): I'm sorry. Chairman Sanchez: -- an ordinance on second reading. Ms. Thompson: I'm sorry, Chair, do you want to do PH 8? Chairman Sanchez: Well, PH 8 is time certain, isn't it? Commissioner Winton: No. Ms. Thompson: I don't know which one that is. Is that -- Commissioner Winton: No, it's not. Jorge L. Fernandez (City Attorney): PH (Public Hearing) is not time certain. You can do it with that -- now. Chairman Sanchez: Oh, OK. Mr. Fernandez: PH -- time certain begins with PH.9. Chairman Sanchez: 1 apologize for that. It's my first day on the job as the Chair. Commissioner Winton: And you're doing great. Chairman Sanchez: Spare, OK. Commissioner Winton: You're doing great. Chairman Sanchez: 1 think I've done well so far. Commissioner Winton: That's right. Commissioner Regalado: You want to leave early. I mean, and so do we. Chairman Sanchez: We're going to leave early. Commissioner Winton: Yes. Chairman Sanchez: We're going to leave early. OK. PH.8 -- Commissioner Winton: We have a Miami Hurricane game to watch on TV (television), so we're leaving early. City of Miami Page 36 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Chairman Sanchez: OK. PH.8 is a resolution. Keith Carswell (Director, Economic Development): Mr. Chair, Commission -- Chairman Sanchez: Yes, sir, you're recognized Please state your name for the record. Mr. Carswell: Keith Carswell, Director for the Department of Economic Development. This proposed purchase is in connection with the development of the Little Haiti Park project. It consists of a church, as well as a 66-unit motel. The proposed purchase price -- we actually received a second value for the property. It came in at 2, 000, 000, which increased the percentage above appraised value to 15.6 percent. This proposed purchase price is well within what we pay for in the area. It comes out to about $32 a square foot and, just as an FYI (For Your Information), a better property around the corner, along Northeast 2nd Avenue, we acquired for $39 a square foot. As part of the purpose transact -- Vice Chairman Gonzalez: How much are we paying for this land? Mr. Carswell: It comes out to $32 a square foot. Vice Chairman Gonzalez: Total -- total purchase value. $2, 000, 000? Mr. Carswell: The appraised -- the average appraised value is $2, 032, 500. Vice Chairman Gonzalez: How much are we paying? Mr. Carswell: The proposed purchase price? Vice Chairman Gonzalez: Yes. Mr. Carswell: The proposed purchase price is -- Commissioner Regalado: Two million -- Mr. Carswell: -- $2, 350, 000. Vice Chairman Gonzalez: How much were we proposing to pay on the other land on -- Joe Arriola (City Manager): Commissioner. Vice Chairman Gonzalez.: -- the fire station? Chairman Sanchez: One point five. Commissioner Regalado: One point four. Chairman Sanchez: Four something. Commissioner Regalado: One point four. Vice Chairman Gonzalez: One point four over here, two point -- Commissioner Winton: I think it was about a hundred bucks a foot for land value -- Vice Chairman Gonzalez: -- three over there. City of Miami Page 37 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Commissioner Winton: -- if 1 remember right. Vice Chairman Gonzalez: All right. Mr. Arriola: Commissioner, let me -- Commissioner Regalado: Mr. Chairman. Mr. Arriola: Can 1 tell you a little story about this particular land, why I've gone ahead and agreed to it? There's the land that we're actually going to build the park, the actual park. This is the land adjacent to it. This -- there's three properties here. Three are -- I hate to say this, but it's for a drug rehab -- Vice Chairman Gonzalez: Yeah, I know. Mr. Arriola: -- where you get -- what we really don't want to get into the park where we're going to have our kids and all that, and the reason 1 agreed to that price is because it's more of a security issue for what we're trying to do than really what I would like to pay for the property, but we're at a point that if we build this park and we don't get rid of this focus of delinquency that we have in there, 1 mean, we're wasting our money in the long-term. That's -- Vice Chairman Gonzalez: I understand. Mr. Arriola: That's the reason. Commissioner Winton: 1'l1 move -- Vice Chairman Gonzalez: I understand. Commissioner Winton: -- PH8. Chairman Sanchez: OK. It's a -- Vice Chairman Gonzalez:: OK. Chairman Sanchez: -- public hearing. Anyone from the public wishing to address this item or be heard, please step forward Commissioner Gonzalez:: 171 move PH8. Commissioner Winton: Second. Chairman Sanchez: Seeing none and hearing none, the public hearing is closed. There's a motion by Vice Chairman Gonzalez and a second by Commissioner Winton. It is open for discussion. Commissioner Regalado. Commissioner Regalado: How many appraisals we have on the property? Mr. Carswell: Two. Commissioner Regalado: I'm sorry? Mr. Carswell: There are a total of four. We valued the -- we took the appraisal from one appraiser for the motel and we also had a value for the church. Each appraiser -- there are two City of Miami Page 38 Printed on 12/16/2009 City Commission Verbatim Minutes September 23, 2004 appraisers and they valued the properties separately. Commissioner Regalado: Mr. Attorney, 1-- since yesterday, we were discussing PH. 7 and 1 asked you about this, but -- and 1 was asking you whether you knew about the different appraisals. What do we -- should have to make sure that we're paying the right price in that area? Mr. Fernandez: When 1 reviewed this item last week Friday, we only had noticed that we had one full appraisal. Since then, my understanding is -- and Mr. Carswell can speak to that -- that we have received the second full appraisal, and that that has come in at $2, 000, 000. Mr. Carswell: Correct. Mr. Fernandez: And so that meets the statutory requirements of you having two appraisals to consider. Having two appraisals, you need to look at the combined or the average price of those two, and if it exceeds or if they are below the sales price or the price you're paying, then it requires four -fifths vote of this Commission. To the extent that this Commission today is constituted only with four members, it requires all four of you to vote in favor of this item. Mr. Carswell: And if I may add, the added consideration for this transaction is that the owner will take care -- Commissioner Winton: Right. Mr. Carswell: -- of the demolition of the motels, as well as any relocation of the tenants, and so, for that added consideration -- that's the added consideration -- Commissioner Winton: And that's a big deal. Mr. Carswell: -- in terms of this transaction because I can tell you that could be quite problematic if the City would get involved. This site will provide parking for the park, which is the Keystone Trailer Park, and it would allow us to utilize as much green space on that site for the soccer facility by having the offsite parking, which is directly adjacent to the site. 1 think this is -- you know, in my opinion, I think this is a good transaction for the City and it keeps in the spirit of what we've done, historically, with Keystone, where we have the owner providing the relocation of the tenants. • Commissioner Regalado: OK. I just want to make some -- a comment, and I think that the purpose is highly commendable. You think it's a good deal, but the problem that 1 have is that you told my office that the fire station was a good deal and the Manager turned it down, so now I don't know. Mr. Arriola: Commissioner -- Commissioner Winton: It's called credibility. Mr. Arriola: -- for what it's worth, 1 am also telling -- like 1 said, that was a bad deal. I'm telling you that this is a good. This is -- if -- and 1 wish you would drive there. If you were to go and drive by this location, you would understand exactly what I'm saying. We spent more money in just policing this area. This is like probably one of the worst, worst areas in the City of Miami, and there was -- as a matter of fact, I was just going to say that. There was a murder there last week. It's not only -- Commissioner Regalado: Yeah, yeah, yeah, yeah. Yeah, but you seem to be patronizing, at least City of Miami Page 39 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 me, you know -- Mr. Arriola: No, no, no, no. Commissioner Regalado: -- you, especially, because what I'm talking about here is trust. Mr. Arriola: Yes. Commissioner Winton: Right. Commissioner Regalado: Trust from your office. Mr. Arriola: And I agree. Yes. Commissioner Regalado: You told me there was -- this was -- the fire station was a -- Commissioner Winton: A good deal. Commissioner Regalado: -- great deal. Why should I trust you? Mr. Arriola: Yes. Commissioner Winton: May I -- Mr. Carswell: I believe in our con -- Commissioner Winton: May 1 weigh in? You know, I happen to be in the business. I look at a lot of things up in that whole neck of the woods and, as you know, I look at these carefully, and 1 spoke up about the Fire Department because I know what land values are going for in most parts of the City, and when I ran the numbers and looked at the fact that they're doing the -- that the current owner is responsible for demolition of all the structures on there, removing all the debris, clearing the site and clearing out the building, this was a no-brainer in my mind. Commissioner Regalado: But you know about real estate. Commissioner Winton: Right. Commissioner Regalado: And I have to depend on the -- Commissioner Winton: Exactly. No, no. I'm with you. 1 understand your question him. Commissioner Regalado: It's about trust. Chairman Sanchez: Point well -- Commissioner Winton: Yeah. Mr. Carswell: Right. Commissioner Regalado: It's not about technical. Commissioner Winton: Yes. Chairman Sanchez: Point well taken. City of Miami Page -10 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 3:00 P.M. Mr. Carswell: And -- Commissioner Winton: Your question to Keith was totally appropriate, and 1 couldn't agree with you more. I'm just weighing in, though, from my side of the fence on this particular issue, not his credibility. Mr. Carswell: Right. Commissioner Regalado: OK. Mr. Carswell: And, Commissioner -- and I apologize if there was any miscommunication. 1 thought, from my recollection of the conversation, 1 explained that there were some con -- (UNINTELLIGIBLE) -- OK. Chairman Sanchez: OK. PH.8 has been discussed. The public hearing has been closed, and it's a four -fifths vote, and we have to wait for Commissioner Gonzalez to step back. He is back on the dais and prepared to vote on this, so -- Commissioner Winton: I moved it. I'll move it. Chairman Sanchez: There was a -- Vice Chairman Gonzalez: Second. Chairman Sanchez: The motion was made by -- Commissioner Winton: Oh, OK. Chairman Sanchez: -- Commissioner Winton and sec -- the motion was made by Vice Chairman Commissioner Winton: Oh, OK. Chairman Sanchez: -- Gonzalez and second by Commissioner Winton. Open for debate. 1t was debated and it's ready for a vote. It's a resolution. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Hearing none, the motion pass -- the resolution passes unanimously, Madam Clerk. We'11 head over -- PH.9, PH. 10, PH.11 and PH.12, 1 believe, are time certain for 3 o'clock. Note for the Record: A sign -language interpreter was signing for items PH. 9 - PH.12. PH.9 04-01043 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), TRANSFERRING 29TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS, IN THE AMOUNT OF $255,716, FROM WORD OF LIFE COMMUNITY DEVELOPMENT CORPORATION AND ALLOCATING SAID FUNDS TO THE DISTRICT 5 RESERVE ACCOUNT. City of Miami Page -11 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 04-01043-cover memo.pdf 04-01043-public notice.pdf 04-01043-pre resolution.pdf 04-01043-proposal requests.pdf 04-01043-program agreement.pdf 04-01043-exh ibit. pdf Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado R-04-0642 Chairman Sanchez: Next item we have, we have time certain. Do we have the translator, Madam Clerk? We do. OK. Let's go into -- I believe it's PH.9, which is transfer of CDBG (Community Development Block Grant) funds from District 5 reserves to Word of Life. Barbara Gomez -Rodriguez: No, from -- Barbara Rodriguez, Department of Community Development. We are requesting that 259, 516, 000 from Word of Life Community Development Corporation be transferred to District 5 reserve account. Chairman Sanchez: OK. I'm sorry about that. Let me just -- let me get a little organized here. Commissioner Winton: So moved Chairman Sanchez.- There's a motion. Commissioner Winton: Commissioner Teele was -- Ms. Gomez -Rodriguez: Yes. Commissioner Winton: -- requesting this? Ms. Gomez -Rodriguez: Yes. Commissioner Winton: So moved. Commissioner Regalado: Second Chairman Sanchez: Is it -- all right. It's a public hearing. Anyone from the public wishing to be heard, please step forward. Hearing none and seeing none, I believe it's an ordinance. Mr. City Attorney, read the ordinance. Ms. Gomez -Rodriguez: No, it's a resolution. Priscilla A. Thompson (City Clerk): It's a resolution. Chairman Sanchez: It's a resolution? OK, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Passes unanimously. PH.10 04-01044 RESOLUTION City of Miami Page 42 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 ), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS, IN THE AMOUNT OF $140,000, FROM THE DEPARTMENTS OF PLANNING, REAL ESTATE AND ECONOMIC DEVELOPMENT AND COMMUNITY DEVELOPMENT'S PRELIMINARY STUDY FOR THE EAST LITTLE HAVANA HOMEOWNERSHIP PROJECT; ALLOCATING SAID FUNDS TO THE LITTLE HAVANA HOMEOWNERSHIP TRUST. 04-01044-cover memo.pdf 04-01044-public notice.pdf 04-01044-pre resolution.pdf 04-01044-exh ibit. pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado R-04-0643 Barbara Gomez -Rodriguez (Director, Community Development): PH. 10 is requesting that $140, 000 that was awarded on July 10, 2001 to the Departments of Planning and Real Estate and Economic Development and Community Development to conduct a study of the East Little Havana Homeownership project be transferred to the Little Havana Homeownership Zone. Vice Chairman Gonzalez: Move PH.10. Chairman Sanchez: OK. Commissioner Regalado: Second Chairman Sanchez: There's a motion on PH.10. There's a second. It's a public hearing. Anyone from the public wishing to be heard, please step forward. Seeing none, hearing none, the public hearing is closed All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion passes unanimously. PH.11 04-01071 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE TRANSFER OF 29TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS IN THE AMOUNT OF $ 180,000, FROM THE CITY OF MIAMI COMMERCIAL CODE COMPLIANCE PROGRAM AND ALLOCATING SAID FUNDS TO THE CITY OF MIAMI COMMERCIAL FACADE PROGRAM. 04-01071-cover memo.pdf 04-01071-public notice.pdf 04-01071-exh ib it. pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado City of Miami Page 43 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 R-04-0644 Direction to the Administration by Chairman Sanchez to provide him with a report of services rendered to businesses in District 3 as it relates to the agencies that are providing the new facades. Barbara Gomez -Rodriguez (Director, Community Development): PH.11 is the transferring of the 29th year CDBG (Community Development Block Grant) funds from the Commercial Code Compliance and allocating it to the Commercial Facade Program. This is due to the high demand of businesses that are currently participating in the Facade Program, and it's in the amount of $180, 000. Commissioner Winton: So moved Chairman Sanchez: All right. There's a motion. Commissioner Regalado: Second for discussion. Chairman Sanchez: There's a second. Barbara, could you explain that? Does it take away money from the nonprofit organizations? Ms. Gomez -Rodriguez: No, it does not. It takes away from Code compliance, the hard costs, and put it in the Facade Program, so it does not take anything from no nonprofit. Chairman Sanchez: OK. It's placed into Facade Programs? Ms. Gomez -Rodriguez: Correct. Commissioner Winton: Well -- Ms. Gomez -Rodriguez: It's to be awarded to additional businesses. Commissioner Winton: I may not support this because -- although 1 have a meeting with the Manager soon, I don't think there's been a code enforcement officer in downtown Miami in two years, so I've got some concerns about -- Ms. Gomez -Rodriguez: This is -- Commissioner, this is 29th year money. This is old money, and the problem that I have is that we have a lot of businesses that we need to do before September 30th. They do have money that, if they do code enforcement, we can serve them. Commissioner Winton: Done. Vice Chairman Gonzalez: Question. Ms. Gomez -Rodriguez: Yes, sir. Chairman Sanchez: OK. Mr. Vice Chair. Vice Chairman Gonzalez: Barbara -- Ms. Rodriguez, even though we're transferring this money from Code Compliance, do we still have an account with money for Code Compliance? Ms. Gomez -Rodriguez: Yes, you do. Vice Chairman Gonzalez: OK. How much money do we have in that account? Ms. Gomez -Rodriguez: We still have approximately $50, 000 through September 30th. City of Miami Page 44 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Vice Chairman Gonzalez: OK. We're all right then. OK. Chairman Sanchez: OK. Commissioner Regalado: Mr. Chairman. Chairman Sanchez: Yes, sir. You're recognized. Commissioner Regalado: Barbara, having gone through some situations in areas that were being served by one agency, especially District 4, District 3, what is going on with the Facade Program in District 4, for instance? There's no movement, at all. Ms. Gomez -Rodriguez: We have received, as of last Thursday, a letter from the chairman of the board of Small Business Opportunity that they have resigned The City Attorney is looking at the resolution we received from the chairman. All businesses are being taken care of On District 3 and 4, DMP (Downtown Miami Partnership) is handling new ones that are coming, until we can get a Request for Proposal for an agency, and those that have filed a complaint, we're handling on one to one to find out what the issues are. Commissioner Regalado: But facades have been done or -- Ms. Gomez -Rodriguez: Yes, yes. Commissioner Regalado: And how do we know that? Who contacts what? Ms. Gomez -Rodriguez: Well, what we have notified, through the NET (Neighborhood Enhancement Team) Office, is that for District 3 and District 4, the Downtown Miami Partnership is helping us until we can get a Request for Proposal to get a new agency to come in . On the issue of people that started the facade, and there's money owed that Small Business Opportunity did not do, we're handling that on a one-to-one basis. Chairman Sanchez: Could you provide me with a report of the services being rendered to the merchants in my district, as to the agency that's providing the new facade -- Ms. Rodriguez: I can tell you that -- Chairman Sanchez: -- assistance? Ms. Rodriguez: -- we have been e-mailing you. Every time that we have gotten a request or from the NET or from your office, we e-mailed you when we refer it to the Downtown Miami Partnership, which is the person that's handling us. Commissioner Regalado: Not me. Chairman Sanchez: But a status report as to -- Ms. Gomez -Rodriguez: I'll do that for District 4. We haven't been doing it for District 4, but I'll make sure to give you an e-mail of everything. Commissioner Regalado: Remember, 1 read everything. Ms. Gomez -Rodriguez: You do. Chairman Sanchez: But Barbara, what I want to do is, I want to be able to compare to see City of Miami Page 45 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 where they're at. I mean -- because when they call for a Facade Program and the process starts -- you know, it's not a process that happens within a week. Ms. Rodriguez: Right. Chairman Sanchez: I mean, there's a process. 1 want to know exactly from this transformation of one agency to the other. My greatest concern is, first of all, that people are not going to be -- there's going to be a lot of confusion, which there is. Ms. Gomez -Rodriguez: That's correct. Chairman Sanchez: And there's going to be finger -pointing which there is. Ms. Gomez -Rodriguez: Right. Chairman Sanchez: And I want to make sure that the people that are -- the ones that are being afforded the assistance in the program are adequately being assisted from the -- Ms. Gomez -Rodriguez: We will send you that report -- Chairman Sanchez: -- (UNINTELLIGIBLE) -- from one business to another. Ms. Gomez -Rodriguez: Yes, we will. However, I am -- we're presently getting ready to do a Request for Proposal so that an agency can bid for District 3 and 4 and get funded accordingly. We will not be just putting an agency there to render the services, but we will provide you with a report. Chairman Sanchez: All right. It's a public hearing. The public hearing was closed. Now, there's a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right -- Jorge L. Fernandez (City Attorney): 1 need to read Chairman Sanchez: I'm sorry? Mr. Fernandez: It's an ordinance. Ms. Gomez -Rodriguez: No, PH 11 is a resolution. Ms. Thompson: No, no. Vice Chairman Gonzalez: Resolution. Chairman Sanchez: No -- Ms. Thompson: Right. Chairman Sanchez: No, it's not. It's a resolution. Ms. Gomez -Rodriguez: 12 is an ordinance. City of Miami Page 46 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Ms. Thompson: 12 -- Mr. Fernandez: OK. Ms. Rodriguez: We'11 get that one. Chairman Sanchez: All right. Let's just, for the record, Madam Clerk, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, say "no." Passes unanimously. PH.12 04-00734 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, RELATING TO 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 Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado 12589 Chairman Sanchez: PH -- Barbara Gomez -Rodriguez (Director, Community Development): PH (Public Hearing). Chairman Sanchez: -- 12. Ms. Gomez -Rodriguez: PH.12 is an ordinance where we are just doing a change of name from Community Revitalization District to Neighborhood Development Zones, which will become effective October 1st. Commissioner Winton: So moved Vice Chairman Gonzalez: Second. Chairman Sanchez: There is a motion on the ordinance and a second. It is open for discussion. Before we do that, it is a public hearing. Anyone from the public wishing to address this item, please step forward. Seeing none, hearing none, the public hearing is closed. There's no further discussion on the ordinance. Mr. City Attorney, read the ordinance. The Ordinance was read by title into the public record by the City Attorney. City of Miami Page -17 Printed on 12/16/2009 City Commission Verbatim Minutes September 23, 2004 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 -- I'm sorry -- adopted on second reading, 4/ 0. Ms. Gomez -Rodriguez: Thank you. Chairman Sanchez: Thank you so much. City of Miami Page 48 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 ORDINANCES - SECOND READING SR.1 04-00922 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE V/SECTION 54-190 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/BASE BUILDING LINES/NONSTANDARD STREET WIDTHS," TO MODIFY THE WIDTH OF NORTHEAST 2ND AVENUE BETWEEN NORTHEAST 1 ST STREET AND NORTHEAST 2ND STREET, MIAMI, FLORIDA; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00922-cover memo.pdf 04-00922-budgetary impact.pdf 04-00922-memo.pdf 04-00922-notice of public hearing.pdf 04-00922-memo and sketches.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado 12587 Chairman Sanchez: So we'll move into SR.1. It is a ordinance on second reading. Is there -- it's a public hearing. Anyone from the public wishing to address the Commission on ordinance -- on this ordinance, second reading? Seeing none, hearing none, the public hearing is closed. We need a motion. Vice Chairman Gonzalez: Move SR.1. Chairman Sanchez: There's a motion by -- Commissioner Winton: Second. Chairman Sanchez: -- Vice Chairman Gonzalez, second by Commissioner Winton. It is open for discussion. Hearing none -- Jorge L. Fernandez (City Attorney): I need to read it. Chairman Sanchez: -- Mr. City Attorney, this one you need to read. Mr. Fernandez: Yes, this one. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. SR.2 04-00956 ORDINANCE Second Reading City of Miami Page 49 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 35, ARTICLE VIII, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "MOTOR VEHICLES AND TRAFFICNALET PARKING, " TO PROVIDE FOR THE ESTABLISHMENT OF VALET PARKING IN COMMERCIAL AND RESIDENTIAL DISTRICTS CITYWIDE, RELATED PERMITS, FEES, RULES AND REGULATIONS AND APPEALS, ENFORCEMENT PROVISIONS AND FINE SCHEDULE; MORE PARTICULARLY BY AMENDING SECTIONS 35-301 THROUGH 35-311 AND ADDING NEW SECTIONS 35-312 THROUGH 35-315 TO SAID CODE; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 04-00956-cover memo.pdf 04-00956-memo. pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado 12588 Chairman Sanchez: SR.2 is an ordinance on second reading also. It is open for a public hearing. Anyone from the public wishing to address this ordinance or speak on behalf of it, or for or against -- Vice Chairman Gonzalez: I'll move SR (Second Reading) -- Chairman Sanchez: -- please step forward. Commissioner Winton: Second. Chairman Sanchez: Seeing none, hearing none, the public hearing is closed. There's a motion by Vice Chairman Gonzalez, second by Commissioner Winton. It is open for discussion. Commissioner Regalado: Discussion. Chairman Sanchez: Discussion. Commissioner Regalado, you're recognized. Commissioner Regalado: It's just that I need to ask Art an update on something that we did -- resolution we did the other session about the protection for vehicles during hurricanes. What's the update on that? Because I understand that you're doing the legal work. Art Noriega: Yes, sir. Art Noriega, Executive Director of Miami Parking Authority. We are in the process now of internally developing a system by which we're going to make available to all the NET (Neighborhood Enhancement Team) Offices a sign-up list or, you know, sort of a registration process so that the vehicles can be -- come and get their second car registered as per -- as the request per the resolution. It won't be done in time, as 1 mentioned last time, for any upcoming storm. We'll continue to make the facilities available for anyone who wants to utilize them for storage of vehicles during the hurricane, but the process is moving along. It just -- we have to create a system that doesn't -- isn't currently in place at all. I mean, we don't have a registration process, but -- Commissioner Regalado: No. 1 mean, that's understandable, but remember what the scientists say, "We're going to have 30 years of 15 and 16 storms a season, " so -- Mr. Noriega: Yeah. City of Miami Page 50 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Commissioner Regalado: -- we need to have this in place for next year. Mr. Noriega: Absolutely, sir. Commissioner Regalado: Thank you. Chairman Sanchez: All right. Any other questions? Hearing none -- I have a question. I'm glad to see that we were able to lower the prices for those individuals that are doing events in their homes with, you know, graduations or whatever events they may hold in their homes. Can you elaborate a little bit on that because that was a concern by some pertaining to this ordinance? Mr. Noriega: Yes, sir. We had -- in the past, the ordinance didn't allow a provision for if you wanted to pull a special one -day permit to do an event at let's say, your home or you wanted to do a graduation, you know, wedding reception, whatever the case may be. You now have the ability to pull a one-time permit for a single day; allows residences to have an event at their house and not have to go through the entire permit process and do sort of a -- you know -- Commissioner Winton: What do you mean "one-time" though? One time in your life? Mr. Noriega: No, no, no. It just -- you pull a one -day permit -- Commissioner Winton: Oh, OK. Mr. Noriega: -- as opposed to having a permit that's an ongoing, open permit, where you have to pay a $1, 000 fee a year -- Commissioner Winton: OK. Mr. Noriega: -- you know, that entire process. All you pay is the permit fee and you're allowed to have a special event and run a valet. You know -- Commissioner Winton: OK. I understand. Mr. Noriega: -- it's for special occasions. Chairman Sanchez: Any further debate on the item? If not, Mr. City Attorney, read the ordinance into the record. The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: Madam Clerk, roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. City of Miami Page 51 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 RESOLUTIONS RE.1 04-01045 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS NO. 03-04-077, THAT THE FIRMS MOST QUALIFIED TO PROVIDE EMPLOYEE BENEFIT DENTAL PLANS, ON THE CURRENT DENTAL MAINTENANCE ORGANIZATION ("DMO"), AS WELL AS, AN OPTIONAL PREFERRED PROVIDER ORGANIZATION ("PPO") PRODUCT, ARE, IN RANK ORDER: ON THE DMO, (1) PARAGON, (2) COMP BENEFITS, (3) CIGNA, AND (4) FLORIDA COMBINED LIFE, AND FOR PPO SERVICES, (1) METROPOLITAN LIFE, (2) CIGNA, AND A TIE FOR (3) COMP BENEFITS AND PARAGON; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH THE TOP -RANKED FIRMS FOR EACH SERVICE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH THE SECOND -RANKED FIRMS, IN THE EVENT NEGOTIATIONS FAIL WITH THE TOP -RANKED FIRMS, OR UNTIL AN AGREEMENT HAS BEEN SUCCESSFULLY NEGOTIATED; FURTHER DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED AGREEMENT TO THE CITY COMMISSION FOR CONSIDERATION. 04-01045-cover memo.pdf 04-01045-memos.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado R-04-0636 Chairman Sanchez: All right. RE.1 is a resolution. Is there a motion? Commissioner Winton: I gotta find it first. Vice Chairman Gonzalez: I'll move it. I'll move RE.1. Chairman Sanchez: OK. There's a motion by Vice Chairman Gonzalez on RE.1. Is there a second? Commissioner Regalado: I'll second, but I have a question. Chairman Sanchez: Second. It's seconded for the purpose of discussion. Do we have anyone from Risk Management here pertaining to this issue? Madam Director, how are you? Ramona Fiumara (Assistant Director, Risk Management): Good How are you? Chairman Sanchez: Please state your name for the record. Ms. Fiumara: Ramona Fiumara, Assistant Director of Risk Management. Chairman Sanchez: OK. Commissioner Regalado. Commissioner Regalado: There was a letter from some firm that was claiming that we were City of Miami Page 52 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 going to have to pay more and get less. Do you have any response to that? Ms. Fiumara: Yes. We are asking for -- today for permission to negotiate some of the points that they did bring up in their letter, exactly points that we plan to negotiate with the number one vendor. Commissioner Regalado: So we're not going -- Commissioner Winton: We're not choosing the number one vendor. You're just -- we're just choosing a list of vendors that you're -- Ms, Fiumara: To negotiate with. Commissioner Winton: -- going to negotiate with. Commissioner Regalado: And if -- Ms. Fiumara: Correct. Commissioner Regalado: -- they don't give you good deal, then you move on? Ms. Fiumara: Exactly. Commissioner Regalado: And it's coming back? Ms. Fiumara: Yes. Commissioner Regalado: OK. Chairman Sanchez: This basically authorize them to negotiate with several companies, which is something that I am thrilled about; that we didn't have in the past, where you were basically tied to one company, so there wasn't any competitive negotiation in the process, and let me just state this -- that, once again, I commend the administration, especially all those that are working in Risk Management. We're finally seeing the fruits of our seed for many years that we, in the process of negotiating with Cigna now and the other negotiations that we're doing, will bring significant savings to this City, so we're in the right direction on risk management at this time. OK. There's a motion. Was there a motion? Commissioner Winton: Yes. So moved. Chairman Sanchez: There's a motion by -- Vice Chairman Gonzalez: 1 move it. I have -- Priscilla A. Thompson (City Clerk): Moved by Vice Chair Gonzalez, second by -- Vice Chairman Gonzalez: Second by Regalado. Ms. Thompson: -- Chair -- Commissioner Regalado. Chairman Sanchez: OK. No further discussion. It's a resolution. All in favor, say "aye. The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Hearing none, it City of Iviiami Page 53 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 passes unanimously. OK. We move over -- Joe Arriola (City Manager): Mr. Chairman. Chairman Sanchez: Yes, sir. Mr. Arriola: Can I make a little comment? Chairman Sanchez: Absolutely. Mr. Arriola: 1 want to also include the unions -- Chairman Sanchez: Absolutely. Mr. Arriola: -- who worked very hard on this thing, and we should recognize their hard work, too. Chairman Sanchez: And let me tell you. I apologize for that. I have been informed that you are working very well with the administration on finding ways to save the City money, so I am ecstatic to hear that. As a matter of fact, you gave your word a couple of years ago that you were going to do that, and I think you've fulfilled your commitment so, once again, thank you to all the unions for working with the City. Would you -- do you want to step up and -- OK. Unidentified Speaker: (INAUDIBLE) stuck to our word. That's it. Chairman Sanchez: OK. Thank you very much. RE.2 04-01051 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), FINDING THAT ACQUISITION OF PRIVATE PROPERTY, AS DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, THROUGH NEGOTIATED CONVEYANCE OR EMINENT DOMAIN, SERVES A PUBLIC PURPOSE AND IS NECESSARY FOR THE CREATION OF PARK LAND AND THE CONSTRUCTION OF PUBLIC FACILITIES IN THE LITTLE HAITI COMMUNITY; AUTHORIZING THE CITY ATTORNEY TO INITIATE EMINENT DOMAIN PROCEEDINGS PURSUANT TO THE PROVISIONS STATED HEREIN; AUTHORIZING THE OFFICES OF THE CITY ATTORNEY AND CITY MANAGER TO RETAIN EXPERT WITNESSES AND CONSULTANTS AND TAKE FURTHER ACTIONS THAT ARE REASONABLY REQUIRED TO ACQUIRE SAID PROPERTY. 04-01051-cover memo.pdf 04-01 051 -exhibit.pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Sanchez Noes: 1 - Commissioner Regalado R-04-0641 Direction to the Administration by Chairman Sanchez to meet with business owners with concerns related to proposed Little Haiti Park. Direction to the Administration by Commissioner Winton to provide him with the new boundary City of Miami Page 54 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 lines of the components of the proposed Little Haiti Park and to publish same on the City's web page. Chairman Sanchez: OK. Moving on to -- RE.2 has been asked by the Economic Development that it be time certain because we have an attorney that we're paying a very high rate and, we're going to get him in and get him out. Once again, savings to our City. Chairman Sanchez: All right. RE.2. Commissioner Winton: You're not on. Priscilla A. Thompson (City Clerk): Chair? Chairman Sanchez: You should be on. Keith Carswell: Mr. Chair, members of the Commission, Keith Carswell, Director for Department of Economic Development. The legislation you have before you really is a culmination of a long journey in terms of allowing the administration to move forward with the development of the Little Haiti Park Project. The parcels in question here are parcels that we need that will provide the critical mass for us to begin the development of the park. Just to give you an idea of some of the challenges we've had and some of the actions that we've taken to get to this point, 92, for example, we've -- we actually reached a purchase price -- agreed upon purchase price with the property owner, and that also enlisted the support of the Manager in those negotiations. However, when we drafted up the contract, the owner wanted to lease a city facility in perpetuity. We were willing to go up to a year in providing him a facility to allow them time to find another church and they didn't like the year. One thing that I'm happy that you supported, one on one earlier, which was a purchase of a church in a motel, we're going to retain a church and, hopefully, if we can reach an amicable agreement with the church on Northeast 2nd Avenue, we can let them, on a temporary basis, relocate to the church which is just around the corner from them. Also, the other parcel in question, which 70 -- 67, 75 and 76, we were in very sensitive negotiations with the property owner. I actually met with him, his sister, who is from New York. At the point we left off negotiations, we were a chasm apart in terms of seven figures on what we felt was a reasonable purchase price, and we had further discussions, and during that interim, they actually engaged the services of Brigham Moore, Toby, which -- Mark Tobin, which specializes in condemnation, representing the property owners. Also, the other property in question, number 77, we actually sent letters to him in Creole, Spanish, and English, going back to 2002. We sent a subsequent letter to him, as recent as August 19, 2003, and we received a response from him on August 30th, which indicated essentially that he had no interest in selling his property, and he wanted to be included as part of the development of the cultural component, and that was number 77, so this has really been an exhaustive effort in trying to pull together the critical mass in order to move this project forward. Also, through your approval at Commission meeting a couple of -- about two commissions ago, you authorized the City Attorney to engage the services of outside counsel to assist us in that process. I have Mitch Burnstein here, who's with Weiss Serota, who specializes in eminent domain, and he's here to answer any particular questions that you may have as it relates to the process that that entails. Chairman Sanchez: Sir, could you state your name for the record? Mitch Burnstein: Yes, sir, Mr. Chair. My name is Mitch Burnstein, I'm an attorney with the law firm of Weiss Serota Helfman Pastoriza Guedes Cole & Boniske. Chairman Sanchez: Any questions from the dais on this matter? It's a resolution. Commissioner Winton: Move it. City of Miami Page 55 Printed on /2/16/2004 City Commission Verbatim Minutes September 23, 2004 Chairman Sanchez: There's a motion -- Vice Chairman Gonzalez: Second Chairman Sanchez: -- by Commissioner Winton, second by the Vice Chairman. Open for discussion. Commissioner Winton: I guess my view is, it's --1 think we probably should have done something like this a long time ago. If you're going to build a park and there's a tremendous number of different sites available in a city that's really -- where property values are going up dramatically, you've got to make some decisions or you're not going to get your public purpose part built, so 1 think this action, we probably should have taken it a year ago. Chairman Sanchez: OK. Before we vote on it, it is not a public hearing, sir, but if you wanted to state something -- is there anyone else that wants to speak on this matter? Edouard Duval -Carrie: My name is Edouard Duval -Carrie. I'm an artist and the proprietor of Lot 77, which was referred by the gentleman, who claim that he wrote a letter, you know, like recently. I have not received that letter. I received a letter about two years ago, where they invited me to sell my property. 1 responded a very polite letter, asking them to come and visit and to discuss this matter with me; never heard from them. My building also houses the Haitian Art Cultural Alliance. This property, yes, I understand, is targeted for use in a cultural complex. Me being Haitian, my building housing the Haitian Cultural Arts Alliance, 1 think that we should have been consulted to the point -- you know, like -- and no such thing ever happened, so I'm here to ask you -- and I have not, you know, like denied or refused totally, but I've asked -- been asked to discuss these matters; the design of this thing, why do they need so much parking lot? 1 mean, there's a host of questions that 1 wanted to ask and they've never given me the opportunity to ask it, so I'm here today to -- you know, like to ask you to put a (UNINTELLIGIBLE) to this motion of eminent domaining my property. I find it totally premature and totally insulting to my person and my stature in this -- as an artist, you know, not to have been asked to discuss this. Commissioner Winton: The ordinance --1 mean, the resolution that we're passing creates two different paths, negotiated conveyance or eminent domain, so the opportunity that you're asking for is also a part of this resolution because that step number one is a negotiated conveyance. If the negotiated conveyance doesn't work, then you go to the next step, so -- Mr. Duval -Carrie: Well, 1 hope that this is -- when 1 consulted the lawyers in this matter, they said that I better come here and make sure that you all understand my position in this thing, because it is very dangerous to me to be, you know, like -- to be, you know, like bulldozed like this by an institution like the City of Miami, so I'm here to just state my case. Thank you very much. Chairman Sanchez: Thank you, sir. Vice Chairman Gonzalez: Mr. Chairman. Chairman Sanchez: Vice Chairman Gonzalez. Vice Chairman Gonzalez: Mr. Carswell, is that -- Mr. Carswell: Yes. Vice Chairman Gonzalez: -- a fact that the gentleman never was sent a letter, a notification? City of Miami Page 56 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Mr. Carswell: He was sent a letter back in June -- on June 10, 2002. The letter went out in English, Creole, and Spanish. Mr. Duval -Carrie: I replied it very politely. Mr. Carswell: OK. And -- OK. Mr. Duval -Carrie: And I asked him -- Chairman Sanchez: Sir, sir. Mr. Duval -Carrie: -- have a visit. Chairman Sanchez: Sir. Mr. Duval -Carrie: Yes. Chairman Sanchez: Sir, your -- please. Mr. Carswell: There was no -- Chairman Sanchez: Let him finish and then you'll have your turn. We have to have order here, please. Mr. Carswell: There was no response to that initial letter. Then we sent out a certified letter, and he did respond to the certified letter. Vice Chairman Gonzalez: When was the certified letter? Mr. Carswell: August 30, 2003, and in his response, he basically said that he had no interest in selling. Vice Chairman Gonzalez: And it was certified return receipt? Mr. Carswell: Well, he responded It's his letter. Vice Chairman Gonzalez: OK. That's it, Mr. Chairman. Chairman Sanchez: OK. Vice Chairman Gonzalez: Because it's different when, you know -- when the gentleman says that he was never notified or he never received a letter, that's, you know, a very strong statement, and Mr. Duval -Carrie: I received a letter -- Vice Chairman Gonzalez: -- it's good to clear for the record that a letter was sent -- Commissioner Winton: Two letters. Vice Chairman Gonzalez: -- that it was satisfied, and that the gentleman answered the letter, so there was a communication established between both parties. Mr. Duval -Carrie: There wasn't -- there was a letter asking me to -- if I was interested in selling my property, OK; never stating exactly for what it was for. I just politely declined, saying City of Miami Page 57 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 that I'm interested in participating in the discussion concerning a cultural center destined to be serving the Haitian population, and I never got an answer to my answer. Commissioner Winton: And it seems to me that he deserves that answer and, Keith, I think we ought to do a better job of following up verbally with people so that we don't have this kind of thing going on. I mean, there's a way to follow up and you can document it. You record the times you call people on the telephone, and if you don't get an answer, that's a part of your record that you keep and then you've got to facts, but not to call, you know -- so now you have -- you have an opportunity. He's going to have an opportunity. Y'all are going to meet and talk. Chairman Sanchez: Thank you, sir. Mr. Duval -Carrie: Well, 1 hope so. Thank you. Chairman Sanchez: Mr. City Attorney, 1 believe you wanted to state something for the record. Jorge L. Fernandez (City Attorney): Yes. For purposes of what you're doing here today is eminent domain. If the gentleman is a willing seller, 1 would like to hear that because then we won't have to engage outside counsel, which, as you know, is very expensive, in forcibly taking this property. We -- the City Commission has declared valid public purpose for taking this property, and 1 use the word "taking" in the sense of exercise the power of eminent domain, so if the issue is the speaker wanting to be now a willing seller and negotiate without the need of invoking eminent domain, we're -- I'll be very happy to engage him in that. If the issue is that, notwithstanding all of that, he's still reluctant to sell, then we need to file proceedings in eminent domain. Mr. Duval -Carrie: 1 am totally willing to discuss matters -- Chairman Sanchez: OK. Mr. Duval -Carrie: -- OK, and try to avoid. Chairman Sanchez: Well, that's perfectly fine. Mr. Duval -Carrie: OK. Chairman Sanchez: Thank you so much, sir. Mr. Duval -Carrie: Thank you. Chairman Sanchez: Next speaker, please. Mr. Duval -Carrie: Thank you, Mr. Commissioner. Chairman Sanchez: He's open for negotiation. Fedy Vieux Brieiu: My name is Fedy Vieux Brieiu. I'm a businessman, 255 Northeast 59th Street. Just wanted to show you the kind of irony that's involved in the whole process. Here you are trying to develop a cultural component and, at the same time, you are willing to throw out the foremost Haitian -American artist in South Florida, Mr. Duval -Carrie. We've sat with you for the last two or three years explaining our desire to get involved in that whole process, because the way things are going, it's a collision course. It's going to be a failure. First of all, we haven't seen any rendering of what this project is. We are kept in the dark and we want to know what's going on. City of Miami Page 58 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Commissioner Winton: The renderings have been available many times publicly, so that -- Mr. Brieiu: Sir -- Commissioner Winton: -- story's pretty weak. Mr. Brieiu: Very well, but let me tell you what my last experience was. There was a public hearing at Legion Park. We called the NET (Neighborhood Enhancement Team) Office; they give us the wrong date. I should have called perhaps your office. Have you met with Mr. Duval before? I know that several requests have been made to meet with you, but you've never, you know, agreed to sit down withal of us. Commissioner Winton: You don't need to meet with me to see the renderings, and the renderings have been posted publicly many times, and I've been at meeting -- I've been at public meetings with those renderings, so -- Mr. Brieiu: I'm sorry. I've never seen you. I'm sorry. Commissioner Winton: So -- Mr. Brieiu: But, you know, whenever I was advised, I was here. Chairman Sanchez: All right. Mr. Brieiu: And today, 1 left my business to be here, so -- Chairman Sanchez: Thank -- Commissioner Winton: Now, the -- but here's the point that 1 agree with you 100 percent about, and that is the irony of the thing. I'm disagreeing with you about whether or not there was an opportunity to see the rendering. Hold on, I'm talking. The irony is that you do have a foremost Haitian artist, who ought to be intimately involved in this entire process. I think he could add a lot to the park and the cultural surroundings of that thing, and what we really need to do is reach out to him very strongly. Land is one issue -- Chairman Sanchez: Art is another issue. Commissioner Winton: -- his skill sets and reputation is a separate issue, and I think we need to find a way to get him intimately involved and woven into the fabric of what we're going to end up with, and then you end up with a real win -win. Mr. Brieiu: Let me add something else. This is only one symptom. The rest -- the whole project is going to go against the community as a whole. You're destroying businesses, eliminating jobs Commissioner Winton: We've been through all that -- Mr. Brieiu: -- and -- OK. Commissioner Winton: -- a 100 times. Mr. Brieiu: Fine. Chairman Sanchez: Commissioner Regalado. City of Miami Page 59 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Commissioner Regalado: Just to make sure something. On those two letters that were sent to the gentleman, was the mention of eminent domain because this was a public purpose ever made in those letters or it was just, "Do you want to sell the property?" Fine, answer. Mr. Carswell: The letters that went out did not mention eminent domain. They did propose a purchase price, and we did have a subsequent conversation with him, after the last letters went out. Commissioner Winton: They didn't have -- Mr. Carswell: So they were offer letters. Commissioner Winton: They didn't have authorization for eminent domain back then. Mr. Duval -Carrie: For the record, there was not a mention of the purchase price in my letters, the ones that I've received. Chairman Sanchez: Sir, please state your name for the record, so we have good recordkeeping. Mr. Duval -Carrie: My name is Edouard Duval -Carrie. Chairman Sanchez: Thank you. OK. Any other speaker on this matter? Sylvia Wong: Good afternoon, Mr. Chairman -- Chairman Sanchez: Good afternoon, Ms. Wong. Ms. Wong: -- Commissioners and Chief -- Mr. Chief Administrator. You all know me, Sylvia Wong. My husband, Manny, and I own a business and property at Northeast 67th Street and Northeast 4th Avenue in Little Haiti. I am here today also on behalf of other business and property owners in and near the proposed Special Zoning Overlay District along Northeast 2nd Avenue and also in or near the proposed Little Haiti Park. As we stated in our letter to you this week, we are surprised that many interested and affected parties, including ourselves, have not been actively sought to participate in the important planning process for this district. We are all located in what has been called the economic heart and soul of Little Haiti. As you know, this area has over 1,000 employees, many of whom walk to work or ride the buses, many of whom are single mothers, many of whom are immigrants from Haiti and many Latin countries, many of whom lack proficiency in the English language. Therefore, they are limited in being able to find employment elsewhere easily. For these reasons, we, the business and property owners in Little Haiti, respectfully request that property and business owners in this area be included in all future meetings regarding the planning for this district and for the planning of the Little Haiti Park. We need clarification as to what will be the economic impact, meaning the affect on jobs, revenues for the City, et cetera, and what borders are being considered. One final point, if I may . We are asking that any decisions related to completing the planning process for this Special Zoning Overlay District be deferred beyond today's meeting. We all thank you very much for the opportunity to help revitalize this area by allowing us to participate in the planning process. We really look forward to the future of District 5 and especially the future of Little Haiti, and 1 know that my prepared speech may not seem that relevant at this particular point when we're talking about eminent domain, but 1 wanted to bring this out so that, you know, we're all clear that we, as business and property owners, want to be included in the future planning, and we really respect you all and hope that you will take us into consideration. Chairman Sanchez: Thank you, Ms. Wong. Ms. Wong: Thank you very much. City of Miami Page 60 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Joe Arriola (City Manager): Mr. Chair. Chairman Sanchez: Yes. Mr. Arriola: There's nothing on the agenda about a district overlay today. I have no idea what they're talking about. Chairman Sanchez: Well, if I may, Ms. Wong. Earlier today --1 believe it was Ms. Willis who was here, and one of the items that she spoke about was what -- the redevelopment around the park and the cultural center, and it was -- I believe all the Commissioners expressed the concern, that they wanted everyone to work together on that process because, you know, it affects everyone there, and it was the direction towards the administration to have the administration sit, not only with the planners and the artists, but the business and the citizens and everyone involved in the process to unite in order to know what is going on, because the biggest problem that you have sometime is maybe the right hand doesn't know what the left hand is doing, and that creates problems for everyone. The action being -- here taken today -- the study will continue forward, and it's my understanding, through the direction given by this legislative body, that the administration will sit down with everyone towards continuing the study, so this is basically just on the eminent domain, that we've hired counsel, and I believe -- what are the properties that we're basically -- Mr. Carswell: This -- Chairman Sanchez: -- right now trying to buy either through eminent domain or through a volunteer process? Mr. Carswell: This is it, in terms of phase 1 of this project. Chairman Sanchez: OK. Mr. Carswell: And it doesn't include your property, and I think that -- again, this provides us the critical mass to move forward with the recreational component, as well as the cultural component. Ms. Wong: OK. Well, if 1 may add something. I understand that there had been a meeting back in August --1 believe it was August 25th or 26th -- and the property and business owners did not hear about it until after it took place. None of us were invited to come -- Chairman Sanchez: Ms. Wong -- Ms. Wong: -- and -- Chairman Sanchez: -- that will not happen again. Ms. Wong: But -- excuse me --1 just want to say that rumor has it that the park will be extended, as the years go on, with additional funding to include a 60-acre park, which would affect many of us, 1, 000 jobs total, and so since those rumors are incorrect, that's why it is very important for us to be included in the planning process so that we hopefully will put a stop to all these crazy rumors, and that's why I'm here speaking -- Chairman Sanchez: And that continues to be a problem with all the rumors that are going on. I think it's very important that when everybody comes to the table and everybody is aware exactly what direction everyone's heading and all the vessels are navigating in the right direction, we could resolve a lot of these issues. City of Miami Page 61 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Vice Chairman Gonzalez: Too many rumors. Chairman Sanchez: Commissioner Regalado and then -- did you want to speak, Mr. Vice Chair? Vice Chairman Gonzalez: I just said that that's what happens here, there's too many rumors going on. Chairman Sanchez: There are too many rumors going on, and it really -- it puts hurdles in the way and it just creates an environment that's hostile, so Commissioner Regalado and then the City Manager. Commissioner Regalado: Just a question for the Planning Director. Just a -- today we don't have anything in the agenda, but do we have it on Monday? Ana Gelabert-Sanchez (Director, Planning & Zoning): No, we don't. Commissioner Regalado: We don't have anything about overlay? Ms. Gelabert-Sanchez: No, we don't. The special overlay that Ms. Wong is referring to is not even in the agenda. It's a -- we're looking into it. We don't even have a draft of anything on that. Commissioner Regalado: OK. Ms. Gelabert-Sanchez: If -- yeah. Commissioner Regalado: There was a meeting on August 26th, wasn't there? Ms. Gelabert-Sanchez: There was a meeting where both -- that it was at --1 think you're referring to the one in Legion Park? Ms. Wong: Yes. Ms. Gelabert-Sanchez: And -- Commissioner Regalado: I have no idea. Ms. Gelabert-Sanchez: -- economic -- it was -- my understanding, it was advertised The -- both, Planning and Economic Development, were there. It was advertised. Ms. Wong: Where? Ms. Gelabert-Sanchez: We didn't --1 didn't prepare the ad Vice Chairman Gonzalez: Right. Commissioner Regalado: If it was advertised -- Mr. Carswell: It was -- actually, the meeting was at the request of Commissioner Teele. 1t was held at Legion Park. It was advertised as a public meeting. We did attend and we had the Planning Department there. We had Economic Development. We addressed some concerns that the attendees had relative to the development of the park and any other general issues. Ms. Wong: Oh, 1 was just told that we had been given the wrong dates. City of Miami Page 62 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Chairman Sanchez: All right. Well -- Commissioner Regalado: Is it -- Mr. Arriola: Commissioner -- Commissioner Regalado: Is it possible for -- in order for them to catch up, to meet with you so they can -- and somebody else, to -- Ms. Gelabert-Sanchez: Certainly. Commissioner Regalado: -- so they can be informed and then we don't have this situation of -- Ms. Gelabert-Sanchez: Of course. Commissioner Regalado: -- they're going to do this, they're going to do that? Ms. Gelabert-Sanchez: Certainly, 1 can meet with them, invite them to the planning, and I'll -- you know, both Economic Development, and we'll restate what was said at that meeting, but I just want to clarify, had nothing to do with a Special Overlay, the one you're referring to on 2nd Avenue. It was -- Chairman Sanchez: We -- Ms. Gelabert-Sanchez: -- pretty much an update of where we were with the -- Chairman Sanchez: Madam Director -- Ms. Gelabert-Sanchez: -- FEC (Florida East Coast). Chairman Sanchez: -- we've cleared that. We've cleared it. Mr. Arriola: OK. Ms. Gelabert-Sanchez: OK. Chairman Sanchez: Mr. City Attorney, and then we're done with this thing. Mr. Arriola: You know, really, 1 don't know how many times, publicly -- and 1 have gone to maybe 15 meetings in the community -- I don't know where the rumor starts, but I have said it on the record -- Commissioner Teele was here. He said it on the record. This is not a 60-acre park. It's never going to become a 60-acre park. / don't know where the idea of the 60-acre park, but I cannot tell you how clear we've been on this. 1 have gone to meetings with renderings. I have gone to meetings with plans. We have gone everywhere. Every meeting has been advertised. Everybody has been -- if they didn't get the right date, it wasn't from the City. They didn't read the paper correctly. 1 don't know what the story is, but it's on the newspaper. We had the meetings. Commissioner Teele was there. I was there. We have shown the renderings. We have expressed it a hundred times, that there will not be a 60-acre park. This park is not going to be expanded You know, when you talk about phase I, you've got to be really careful because people think there's a phase 11. There's no phase II in the plans. There's nothing in the plans, other than what we've shown the community, and we need to be very clear. What we've shown the community is all there is, nothing else. There's no more money. There's no more plans. There's nothing else there, so they really cannot continue on the rumors, because 1 can't tell you any clearer than what I've just said now. City of Miami Page 63 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Ms. Wong: Well, Mr. City Administrator, I really appreciate your clearing the air, because I have been told directly by people who were at this particular meeting that through the years, down the road -- it may be ten, fifteen, twenty years down the road, but the idea still is viable for a 60-acre park, so I'm glad that, for the record, you're setting us straight. Vice Chairman Gonzalez: We can't prevent that. Commissioner Winton: Well, let me clarify that. This Commission can't speak to what's going to happen ten or fifteen years down the road. Vice Chairman Gonzalez: Exactly. Commissioner Winton: So ten or fifteen down -- years down the road, a Commission may get together and decide they want to expand the park, they may want to create a new park, they may want to build ten new parks in the city, so, you know, we can't bind -- we're not binding -- we can't bind future commissions to this concept, nor can we say today forever and forever in the future, there will be no new parks and no additions to parks in the City of Miami. We can't do that, so, you know, 1 think the role of citizens always is to pay careful attention to what government does -- Ms. Wong: Thank you. Commissioner Winton: -- because you can never tell -- Chairman Sanchez: Thank you, Ms. Wong. Commissioner Winton: -- what they're going to do. Ms. Wong: OK. Thank you all very much. Chairman Sanchez: Anyone else wishing to speak on this item? Commissioner Winton: It's always a good idea to watch them. Commissioner Winton: Anyone else wishing to speak on the item? Ms. Wong: Yes. Thank you all very much. Chairman Sanchez: Well, let me -- the administration needs to have a meeting, open up a rumor hot line, or do what they've got to do. Commissioner Winton: And could we get -- Chairman Sanchez: 1 don't know what to tell you. Commissioner Winton: You know, I would like to get one more thing because -- Mr. Manager. Joe, I think there's one more thing we do need, because 1 know very clear --1 know very clearly where the 60-acre park came from because for a year and a half, at least, the conversation was about a 60-acre park. That was a fact. That drawing that came out of Commissioner Teele's early workshops was about a huge park that -- that's where that came from, so that said, I think what we need to do -- because I'm not sure I've seen it clearly. I would like to see the new boundary lines -- doesn't have to be the pretty pictures -- but the new boundary lines that state -- show very clearly what the new boundary lines of the different components of the Little Haiti Park will be, and that should go on our web page and go City of Miami Page 64 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 to the community; it should come to us, and then everybody looks at it every time they sit down. Here's what we're talking about. Here's Little Haiti Park. This is the park that we have the authority to create and this is what we're creating. Sorry. End of story. Mireille Gonzalez: Good afternoon -- Chairman Sanchez: Yes, ma'am. Ms. Gonzalez: -- Chairman, Commissioner. My name is Mireille Gonzalez. I'm the president of the Haitian Cultural Arts Alliance. This afternoon, I would like to ask you if you could defer the Item Number 77. We've been -- no -- I'm the president of that Alliance. We're doing a lot of programs with the community and among them, there are a lot of things that are going on. We are part of the building, because we're renting from that building, and we have a lot of projects that are going on. From the beginning, you know, we were --1, personally, being in there for about ten years in the community, 1 was never been told of anything of the park. When we found out about it, 1 went personally to a meeting at the Stephen Clark Building. There I expressed to the people of the City of Miami that how come they never contact us, because I've been, myself, in this community over 37 years, and I -- you know, I'm very involved in the community. They told us that there's a new program. That's the day that they show us the rendering of the building, the way it's going to be looked at, with a marble floor, with a glass and everything, and at that moment, you know, we asked how could we be involved in the future thing? They promised us that they will let us know a future meeting. We were told that there was something. They sent an e-mail to me through -- there was something at the Edison High School that day I went, and Mr. Arriola was there, the Commissioner, but -- and Mr. Teele -- Commissioner Teele, and there, there was a program for the children, and after that, we were never told of anything, so I would like to ask you to have a consideration because we have a lot of projects going; the Book Fair, the Freedom Tower project, a lot of going on project, and we can -- if you could defer this item for a time before we get evicted. Chairman Sanchez: Thank you so much. All right. Any other speakers? Manny Wong: Hi. Good afternoon, Commissioner. My name is Manny Wong. I'm from Fullei Foods. I think my wife has spoke mostly took over the speaking for me, but I'd like to talk about one subject and the subject eminent domain. Even though I'm not involved -- my property's not involved with it, but I'd like to have a clarification on the issues of the people that are involved with eminent domain, that they be considered compensated for their businesses for relocation. I understand, from the past, that it was not available. You know, these people are people that have sweated, sweat equity in your business. Commissioner Winton: Manny, hold on. Chairman Sanchez: Manny -- Commissioner Winton: Mr. City Attorney, would you answer that question? That's a very good question. Mr. Fernandez: Yeah. Certainly. I will defer to special counsel, who's particularly assigned to handle that, but generally speaking, I can tell you that the compensation that the law mandates that the City pays to any property owner whose property is taken does contemplate certain other issues, other than the actual value of the land, and so whatever that turns out to be, it would either be through negotiated or -- Chairman Sanchez: Courts. Commissioner Winton: Or the court determines it. City of Miami Page 65 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Mr. Fernandez: -- arbitrated ways, or goes ultimately to the court, but if 1-- if special counsel could address the issue of what other items are considered besides just the value of the land and of the building, 1 think that would go a long ways in explaining your question. Mr. Wong: Well, yes, that and also, if you're not a property owner but you're a business owner who rents your businesses through -- that's also the clarification, understand those are some of the people will be affected and they'll be evicted How do you compensate them? Mr. Burnstein: Sir -- Chairman Sanchez: Sir, you need to state your name for the record, please. Mr. Burnstein: Yes. Mitch Burnstein -- Chairman Sanchez: Thank you. Mr. Burnstein: -- on behalf of the City. The Florida Constitution provides that full compensation is payable to property owners and those who have some type of property interest in the property at issue in this resolution of condemnation. What this gentleman may be -- there's a couple of different complex concepts that this gentleman may be alluding to. One is relocation expenses. It is my -- Mr. Wong: Exactly. Mr. Burnstein: -- understanding that this project does not involve federal funds. Therefore, the businesses that will be displaced are not entitled to relocation expenses under the uni -- the Relocation Act, Uniform Relocation Act. However, under the body or the adoption of eminent domain in Florida Law, the tenants may be entitled to moving expenses. This area is more governed by the specific lease that's in place between the tenants and the landlords or property owners. Also, the -- there is a business damage statute that is at play in eminent domain takings. However, in this scenario, that would not be triggered. The property owners nor the business owners would be able to avail themselves of the business damages under the specific business damages statute in Chapter 73. However, under eminent domain, anyone that does have a property interest is entitled to be compensated, and businesses, at the very least, are entitled to moving expenses, but whether they're entitled to anything else, at this point I'm not entirely certain, depending on how we set up the parameters of the project. Mr. Wong: I think what I'm hearing is OK. There's also consideration factors -- and I'm asking that, not on my behalf but basically for understanding it, and making your process, as well as us feel a little more ease and the process goes smoothly is that, if we have an understanding how this works, you know, there's a -- people that's in business are -- there's several ways why they're in business. They're in business for themself [sic] because they don't want to have bosses, you know, bossing you around People has an interest in something and they want to share with other people, and people just there trying out the business, see if they could make a buck, but mere fact is that, you know, if they are aware of the fact that maybe they could improve themself by some kind of help from the government in relocation, improving their business or relocation or in moving expenses, that way, 1 think, would pave some road for you, and make it easier to negotiate. Commissioner Winton: But I think -- Chairman Sanchez: Mr. City Attorney. Mr. Wong: Correct? City of Miami Page 66 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Commissioner Winton: I think what Manny's saying is that when we go meet with each individual property owner, we need to know, as it relates to each property owner, what you can do and can't do so that you're putting a full offer on the table, and he's suggesting that may help your negotiations, and he's probably right. Mr. Fernandez: Yes. Again -- and I made the point earlier -- I think that it all depends on the attitude and the position that the property owners and the business owners develop. If it becomes one where the mindset is to negotiate, to be able to accomplish the avowed purpose of this City Commission in having declared a valid public purpose in taking this land, then 1 would be the first one that would step in, rather than the attorney that we have hired, to be able to successfully negotiate, and the City, I am convinced, comes at it from the perspective that they're dealing with their constituents, and so we -- to begin with, we don't have an adverse position. We're not into making war. What we want is to be able to accomplish the intents of the City Commission, and so if it's negotiated and if it's -- there's a willingness on the part of the owners and the tenant to be able to achieve that, we can proceed quickly without having to go into court, so it takes two to tango. That's what I'm trying to say. Mr. Wong: Correct, OK, but that's true, but maybe we should have a -- to hold a meeting some kind of neighborhood -- Mr. Fernandez: Well -- Mr. Wong: -- and talk about that subject and clar that. Chairman Sanchez: -- I personally think that the one thing that we lack here is communication. I think somehow the communication between the City administration, the sellers and all those involved in this process -- some people, one way or another, may not be getting the appropriate information, and the only way we're going to solve this, if we have proper community meetings and proper communication open to all the channels to clear a lot of these rumors and innuendos that are going on. I could see your concern. 1 could see the concern of all those that come in front of this Commission when they are either told something that's not true or they're told that something is done when it's not done. Each and every one of you should have the -- a line of -- open to the City for proper information, the adequate and the correct information, not what you're hearing out there in the community, so what I suggest is that you or the administration, have a powwow meeting with everybody to try to iron some of these rumors that are out there that are really causing a lot of alarm, so we're going to leave it at that. I think there's a motion and a second in this resolution. It's a resolution. Thank you. Mr. Wong: Thank you. Chairman Sanchez: All in favor, say "aye." Commissioner Regalado: No. Chairman Sanchez: All those against, say "no." So it passes 3/1. RE.3 04-00937 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONTINUED FUNDING OF PROTRACTED, COMPLEX INVESTIGATIONS, IN AN AMOUNT NOT TO EXCEED $250,000; ALLOCATING SAID FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NOS. 690001, 690002 AND 690003, WITH SUCH EXPENDITURE HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE UNITED STATES DEPARTMENT OF THE TREASURY AND JUSTICE'S, "GUIDE TO City of Miami Page 67 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 EQUITABLE SHARING," AND FLORIDA STATUTE, CHAPTER 932.704. 04-00937- cover memo.pdf 04-00937- budgetary impact.pdf 04-00937- affidavit.pdf 04-00937-addend u m-1. pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado R-04-0637 Chairman Sanchez: RE.3 is a resolution. Commissioner Winton: Is it 2 or 3? Chairman Sanchez: RE. 3. Commissioner Winton: OK. Chairman Sanchez: RE.2 is time certain for 3: 30. Commissioner Winton: Oh. Chairman Sanchez: We'll go to RE.3. Commissioner Winton: Really? Chairman Sanchez: RE.3 is a resolution. Is there anyone here on behalf of that resolution? Mr. City Manager, your staff needs to be on the ball on this one. This is Risk Management, I believe, right? Investigation. Unidentified Speaker: Yes. Chairman Sanchez: Oh, it's yours? All right, sir. Always a pleasure to see you. Major Hector Mirabile: Hector Mirabile, Major, Miami Police Department in the Business Management Section. This is a proposed resolution. It's 250,000 coming from the Law Enforcement Trust Fund, and its purpose is for protracted complex investigations and also for equipment of those investigations. I'll (UNINTELLIGIBLE) any of the questions that you may have. Chairman Sanchez: All right. Do we have a motion? Commissioner Winton: So moved Chairman Sanchez: It's -- there's a motion by Commissioner Winton. Is there a second? Vice Chairman Gonzalez: I'll second. Chairman Sanchez: Second by Vice Chair Gonzalez. It is open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 68 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Resolution passes unanimously. Thank you, sir. Major Mirabile: Thank you very much. Chairman Sanchez: Always a pleasure to see you. Major Mirabile: Nice seeing you. RE.4 04-00952 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO TAKE ANY AND ALL ACTIONS NECESSARY OR PERMITTED AGAINST THE CAMILLE AND SULETTE MERILUS FOUNDATION FOR HAITI DEVELOPMENT, INC. ("LICENSEE") TO PROTECT, PRESERVE AND DEFEND THE INTERESTS OF THE CITY OF MIAMI ("CITY") INCLUDING, BUT NOT LIMITED TO, ANY ACTION AUTHORIZED BY LAW OR IN EQUITY TO OBTAIN ANY RELIEF OR TO REMEDY ANY LOSSES OR DAMAGES SUSTAINED BY THE CITY RELATED TO THE LICENSEE'S BREACHES OF A REVOCABLE LICENSE AGREEMENT EXECUTED MAY 13, 2002. 04-00952-cover memo.pdf 04-00952-pre resolution.pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Sanchez Noes: 1 - Commissioner Regalado R-04-0638 Chairman Sanchez: OK. Moving on to R -- I'm sorry -- Unidentified Speaker: RE.4. Chairman Sanchez: -- RE.4. RE.4 is also a resolution. Commissioner Winton: So moved. Chairman Sanchez: There's a motion by Commissioner Winton. Is there a second? Vice Chairman Gonzalez: I'll second it. Chairman Sanchez: Second by Vice Chairman Gonzalez. Open for discussion. Hearing none, all in favor, say "aye." Commissioner Regalado: No. Chairman Sanchez: All in favor, say "aye." Two ayes -- three ayes, and anyone in opposition, having the same right, "no." Commissioner -- for the record, Commissioner Regalado voted no on the item. City of Miami Page 69 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 BOARDS AND COMMITTEES BC.1 04-00188 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN 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 04-00444 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING 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 Motion by Commissioner Regalado, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado R-04-0639 Chairman Sanchez: OK. We'll move over to board appointments, and we have BC.2. No. I'm sorry. Commissioner Regalado: BC.1 -- oh, no, BC.2. Chairman Sanchez: No. BC (Boards & Committees) -- Commissioner Winton: Yeah, BC.2. Vice Chairman Gonzalez: BC. 1. Priscilla A. Thompson (City Clerk): B -- City of Miami Page 70 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Vice Chairman Sanchez: BC.2? Ms. Thompson: Right. BC.2 is confirmation for the appointments to the Equal Opportunity Advisory Board. The board has sent in a memo from the Miami Association of Firefighters, Henry S. Harrison, and then Mr. Shad Fields from AFSCME (American Federation of State, County and Municipal Employees), Local 871, for the Sanitation employees, so we just need a confirmation of those appointments from you all. Chairman Sanchez: OK. Do any of the union members want to speak on this issue or -- no? OK, so we need confirmation on those two individuals. Is there a motion? Commissioner Regalado: Move it. Chairman Sanchez: There is a motion by Commissioner Regalado. There's a second by Vice Chairman Gonzalez. It is open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone opposing, having the same right, say ay." Passes unanimously. BC.3 04-00617 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE AUDIT ADVISORY COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Chairman Arthur Teele 04-00617-memo-1. doc 04-00617- MEMBERS-2.doc NO ACTION TAKEN BC.4 04-00933 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Julio S. Diaz Commissioner Angel Gonzalez Robin Bosco Commissioner Angel Gonzalez Bernard Zyscovich Commissioner Johnny Winton Todd Tragash Commissioner Johnny Winton (Alternate) Carlos Prio-Touzet Commissioner Tomas Regalado City of Miami Page 7/ Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Willy Bermello Commissioner Tomas Regalado 04-00933-memo-1.doc 04-00933-members-2. d oc 04-00933 - applications - 3.pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado R-04-0640 A motion was made by Commissioner Winton, seconded by Vice Chairman Gonzalez, and was passed unanimously, to appoint Bernard Zyscovitch, Todd Tragash, Carlos Prio-Touzet, Willy Bermello, Julio S. Diaz, and Robin Bosco as members of the Urban Development Review Board. Chairman Sanchez: Madam Clerk, help me out here. BC.4 is the next one? Priscilla A. Thompson (City Clerk): That's correct, BC.4. Chairman Sanchez: OK. BC.4 is a resolution of the City Commission appointing certain individuals as members of the Urban Development Review Board for terms as designated herein. Commissioner Winton: OK. I have two that I'd like to reappoint: Bernard Zyscovich and Todd Tragash. Chairman Sanchez: All right. Can -- Mr. Attorney, can we do both at the same time? Can we just put all the names in and vote on one -- Jorge L. Fernandez (City Attorney): Yes. Chairman Sanchez: -- if there is any -- Ms. Thompson: Yes, yes. Chairman Sanchez: OK. Let's just put those names and well simplify the process here. Mr. Fernandez: Yes. Chairman Sanchez: Commissioner Winton has appointed two individuals, which -- Commissioner Winton: Reappointed. Chairman Sanchez: -- he stated his name into the record. Commissioner Regalado. Commissioner Regalado: Carlos Prio-Touzet and Willy Bermello. Chairman Sanchez: OK. Commissioner Regalado: Reappointment. Chairman Sanchez: I'll state those two names for the record. Commissioner -- Mr. Vice Chairman -- City of Miami Page 72 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Vice Chairman Gonzalez: I'll reappoint -- Chairman Sanchez: -- Gonzalez. Vice Chairman Gonzalez: I will reappoint Julio Diaz and Robin Bosco. Ms. Thompson: I'm sorry. I don't hear -- is your mike on, sir? I don't hear you. Vice Chairman Gonzalez: Oh, I'm sorry. Ms. Thompson: Thank you. Vice Chairman Gonzalez: 1 will reappoint Julio Diaz and Robin Bosco. Chairman Sanchez: OK. Commissioner Winton: So move -- oh, you got some, Joe? Chairman Sanchez: No. I'm going to defer mine to the next meeting. Commissioner Winton: So move the six -- Commissioner Regalado: Second Chairman Sanchez: There's a motion to approve all six appointees. There's a motion by Commissioner Winton, second by Vice Chairman Gonzalez. Vice Chairman Gonzalez: No. Chairman Sanchez: It is open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Everyone's been appointed unanimously. BC.5 04-00685 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN 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 of Miami Page 73 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 DISCUSSION ITEMS DI.1 04-00946 DISCUSSION ITEM DISCUSSION RELATED TO CITY BOARDS. 04-00946-cover memo.pdf 04-00946-report.2.doc MOTION A motion was made by Chairman Sanchez, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Regalado absent, requesting the City Attorney to draft a resolution sunsetting all inactive boards, particularly those boards that have not had any activity in the past three months. Vice Chairman Gonzalez: Mr. Chairman, you're recognized Chairman Sanchez: Thank you. DI. 1 is pertaining to all the boards that we have and, for quite some time, we've talked about doing away with some of these boards that don't meet, or some of these boards that can't hold a quorum, and basically, some of these boards are starting to hurt us, and I'll give you a perfect example. 1 had one, which was the Latin Quarter Committee Board, that met to discuss designs for buildings in the Little Havana area, and it was so hard for them to get a quorum that a lot of the developers were really --1 mean, it was really holding them back. Commissioner Winton: Right. Chairman Sanchez: And that's just one of many boards that we have that quite aren't meeting. We've created boards after boards with sunset, and they continue to be there, so what I'm going to ask the City Attorney is to draft a resolution of the City of Miami Commission sunsetting all inactive boards, especially those that have not met for three consecutive months in the City of Miami. The other resolution -- well, 1 move that resolution. Commissioner Winton: Second Vice Chairman Gonzalez: Second. Vice Chairman Gonzalez: OK. Commissioner Winton: Second. Vice Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez: All opposed have the same right. Motion passes. Chairman Sanchez: Mr. City Attorney, did you have -- Jorge L. Fernandez (City Attorney): Yes. Of course, I'm sure that the City Clerk is listening because issues relative to boards are really primarily the City Clerk's responsibility. Well be very happy to work with her to -- Chairman Sanchez: She will be ecstatic to help you in any way possible to -- do you know what happens with these boards? City of Miami Page 74 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Mr. Fernandez: Yes. Chairman Sanchez: You have to understand that the resource that they use is the Clerk's Office - Mr. Fernandez: Exactly. Chairman Sanchez: -- and your legal office, so you know -- Mr. Fernandez: Right. Chairman Sanchez: -- the burden is incredible -- Mr. Fernandez: Correct. Chairman Sanchez: -- on your department. Mr. Fernandez: Correct. We will do the resolution, but we need the substantive information coming from the City Clerk. Priscilla A. Thompson (City Clerk): And we'll be working with you 200 percent of the way. Mr. Fernandez: All right. We'll get it done. Chairman Sanchez: Not 100 but 200 percent of the way. Mr. Fernandez: We'll get it done. Chairman Sanchez: And, also, / have a resolution that should come back no later than the first meeting of November, and that is to create a committee to study at consolidating as many of the City's 48 boards as possible. The study should document the amount of City resources directed towards facilitating their board and commission, such as cost of staff, cost of printing cards, cost of legal, cost of insurance, as we provide some insurance to some of the boards, and then again, cost of advertising the meetings; any other expense or maintenance that they might inquire, and that committee should be completed with the recommendations to consolidate some of these boards and forward it to the City Commission before the conclusion of the calendar of 204 [sic] with those recommendations. It is up to this legislative body to put that committee together, and we'll also be seeking some support and advice from the administration as to look at some of these boards, and if they sunset, get rid of them. If they don't serve a purpose, get rid of them, and we just need to simplify. Forty-eight boards is just way too many boards that are out there, and some boards do serve a great purpose, but some other boards really aren't serving a purpose for the City, so that is my motion at this time. Commissioner Winton: Second. Vice Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez: All opposed have the same right. Motion carries. Discussion on Item DI.1 resulted in the Resolution below: (DI.1) 04-01110 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE City of Miami Page 75 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 CITY ATTORNEY TO CREATE A COMMITTEE TO STUDY AND MAKE RECOMMENDATIONS TO CONSOLIDATE AS MANY OF THE 48 CITY OF MIAMI ("CITY") BOARDS AS POSSIBLE, WITH SAID STUDY DOCUMENTING THE AMOUNT OF CITY RESOURCES DEDICATED TO FACILITATE THE BOARDS AND COMMISSIONS SUCH AS: COST OF STAFF TIME, COST OF PRINTING BUSINESS CARDS, PROVIDING INSURANCE AND OTHER ITEMS TO BOARD MEMBERS, COST OF ADVERTISING MEETINGS, AND ANY OTHER EXPENSES OF MAINTAINING ALL THE ENTITIES; DIRECTING THE COMMITTEE TO COMPLETE THE STUDY WITH CONSOLIDATION RECOMMENDATIONS AND PRESENT ITS FINDINGS PRIOR TO THE END OF THE 2004 CALENDAR YEAR. Motion by Chairman Sanchez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado R-04-0658 City of Miami Page 76 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 PART B PZ.1 03-0188 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING OR DENYING THE APPEAL FILED BY RIVERHOUSE PIER I LIMITED ("APPELLANTS"), AND REVERSING OR AFFIRMING A DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB"), WHICH DESIGNATED EAST COAST FISHERIES LOCATED AT 40 SOUTHWEST NORTH RIVER DRIVE AS A HISTORIC SITE. 03-0188 Fact Sheet.pdf 03-0188 Zoning Map.pdf 03-0188 Aerial Map.pdf 03-0188 Appeal Letter.PDF 03-0188 HEPB Reso.PDF 03-0188 Class II Special Permit.PDF 03-0188 Designation Report.pdf 03-0188 Q&A Historic Designation.PDF 03-0188 Legislation a.PDF 03-0188 Exhibit A Fact Sheet.PDF 03-0188 Exhibit B HEPB Reso.PDF 03-0188 Legislation b.PDF 03-0188 Exhibit A Fact Sheet.PDF 03-0188 Exhibit B HEPB Reso.PDF 03-0188 Exhibit C Designation Report.PDF 03-0188 Exhibit C.pdf REQUEST: Appeal of a Historic and Environmental Preservation Board Decision of a Historic Designation LOCATION: Approximately 40 SW North River Drive APPLICANT(S): Planning and Zoning Department APPELLANT(S): RiverHouse Pier I Limited APPELLANT(S) AGENT: Jena E. Rissman, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial of the appeal and uphold the decision of the Historic and Environmental Preservation Board. HISTORIC & ENVIRONMENTAL PRESERVATION BOARD: Approved the designation on September 16, 2003 by a vote of 9-0. PURPOSE: The approval of this appeal will not result in the historic City of Miami Page 77 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 designation of the above property. DEFERRED A motion was made by Commissioner Winton, seconded by Vice Chairman Gonzalez, and was passed unanimously, with Commissioner Regalado absent, to CONTINUE item PZ 1 to the Commission Meeting currently scheduled for November 18, 2004. Chairman Sanchez: OK. PZ 1. Jena Rissman: Good afternoon, Chairman, Commissioners, Jena Rissman. Chairman Sanchez: Good afternoon. Ms. Rissman: Kluger Peretz Kaplan & Berlin, 201 South Biscayne Boulevard, 17th Floor, Miami. We are actually here requesting a deferral. We have communicated with the HEP (Historic and Environmental Preservation) Board and -- Commissioner Winton: So moved Ms. Rissman: -- over no objection. Vice Chairman Gonzalez: Second. Chairman Sanchez: OK. There's a -- Ms. Rissman: We -- one more thing, I'm sorry. We'd like to defer for six months to the March 2005 hearing. Commissioner Winton: So, so moved. Joel Maxwell (Deputy City Attorney): No, Commissioner. Commissioner. Commissioner Winton: What? Mr. Maxwell: This item -- you need to be aware, this item has now been before you now almost a year, and 1 would suggest that either you take this item up in November -- it'd be one year at that point -- or either the applicant withdraw their appeal at that point. Commissioner Winton: Oh. Chairman Sanchez: Ma'am -- Commissioner Winton: Well, there's a good point. Chairman Sanchez: -- would you settle for November? Ms. Rissman: 1'!1 settle for November. 1'd like a little longer because we're working on new plans to meet those requirements. Chairman Sanchez: Well, all that we could give you is November right now. Ms. Rissman: I'll take it. Chairman Sanchez: Thank you so much. You're very kind. Ms. Rissman: Thank you. City of Miami Page 78 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Commissioner Winton: Now, wait, wait. Mr. Maxwell: Yeah. Just so -- Mr. Chairman, Commissioners, so that the applicant understands that at that point, our recommendation to you will be that you hear that item at that point so they should -- Commissioner Winton: Got it. Mr. Maxwell: -- come prepared to either dismiss their appeal or -- Commissioner Winton: Yeah. 1 wasn't paying attention to what this was. 1 just thought it was a Chairman Sanchez: Ma'am, you've taken -- Commissioner Winton: -- (MUSP) Major Use Special Permit going away, but it's not. Chairman Sanchez: -- our attorney's recommendation into advisement, correct? Ms. Rissman: 1 understand. Chairman Sanchez: All right. There's a motion and a second for deferral to November. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Hearing none, it passes unanimously. PZ.2 04-00984 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62, ZONING AND PLANNING, OF THE CITY OF MIAMI CODE BY ADDING A NEW ARTICLE XI ENTITLED, "ARTS AND ENTERTAINMENT MURAL REGULATIONS"; CREATING DEFINITIONS; PROVIDING FOR LICENSE AND PERMIT REQUIREMENTS; PROVIDING FOR AN APPLICATION AND APPROVAL PROCESS; PROVIDING FOR VIOLATIONS AND ENFORCEMENT PROCESS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00984 FR Fact Sheet.pdf 04-00984 Legislation.PDF REQUEST: To Amend the Miami City Code APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PURPOSE: This will add a new Article XI to the Miami City Code entitled, "Arts and Entertainment Mural Regulations." City of Miami Page 79 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Direction to the Administration by Commissioner Winton to meet with Ms. Sandra Francis to try to assist small businesses in connection with regulations for murals prior to the second reading of item PZ2. Chairman Sanchez: Madam Clerk -- Jena Rissman: Thank you. Priscilla A. Thompson (City Clerk): Yes, sir. Chairman Sanchez: -- what other items do we have in front of us? Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ 2. Commissioner Winton: PZ 1 -- Ms. Thompson: PZ2. Commissioner Winton: -- 2. 2. PZ2. Ms. Thompson: PZ2. Chairman Sanchez: OK, PZ2, Arts and Entertainment Rules and Regulations. OK. Ms. Slazyk: PZ 2 is an ordinance amending the City Code to -- Chairman Sanchez: This is first reading, correct? Ms. Slazyk: Yes, this is first reading. It's to create an arts and entertainment mural regulations. The -- what this ordinance does is, it sets out the definitions for what a mural is. It sets up the parameters, application fees; includes annual license fee of $10, 000, and then permit fees of $5 per square foot. It sets up a total number of permits for the city, including distance limitations from each other, and from residential districts. It sets up a maximum of 80 percent of a wall; although, only 25 percent of that can be dedicated to the commercial message, not to exceed the 672 square feet, which was included in the County Code, and the applications also require City Commission approval, and changes of copy would be administrative through the zoning administrator, and it includes enforcement provisions. There are a couple little changes I just want to read into the record. First of all, for the definition of wall. We wanted to make sure that nobody thought they could put a wall on top of a building on a roof and think that that was eligible for a mural ordinance, so we're going to amend the definition of wall to read "a wall means a wall of a building capable of being occupied, including walls free of windows or devoid of occupants behind the area proposed to be covered by an arts and entertainment mural. Walls constructed on rooftops shall not be considered building walls for the purposes of this article." We also have a clarification on the enforcement provision. The enforcement provision includes provisions for a special master to hear it. Wherever it says special master, it needs to read " Special Master or Code Enforcement Board" We would use a special master if it was something that couldn't go to the board for some reason, and the final change 1 want to make is a requirement that the -- an occupancy requirement for these, that -- so people don't keep buildings abandoned and vacant and unsafe for the purposes of murals. We're going to add a provision that says, "No mural shall be permitted on an unoccupied building without a valid CO (Certificate of Occupancy) or CU (Certificate of Use), or on a building that does not possess a City of Miami Page 80 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 40-year certification, if applicable," and that takes care of the concerns that somebody would keep a building in bad shape just for a mural. Chairman Sanchez: OK. Vice Chairman Gonzalez: I'll move PZ2. Chairman Sanchez: Well, before we do, that's -- anyone from the public wishing to speak on the item? Ma'am, are you? Sandra Francis: Yes. Commissioner Winton: Yes. Chairman Sanchez: OK. Anyone else also speaking on this item? OK. All those that will speaking on the item -- go ahead. Sandra Francis: Hi. My name is Sandra Francis. Thank you, Mr. Chairman and Commissioners. Commissioner Winton: And, Lourdes, would you pay particular careful -- particularly careful attention to this lady? Because I think she's got some really good points that we need to figure out how we get woven into this ordinance. Ms. Francis: As a small business, I found that this is an opportunity for me to participate. There are some big fours in the advertising company that already owns all their licensing that is there for the billboards, and there's no way for anybody else to get in, so this opportunity that has presented itself 1 would like the playing field to be a little bit more even. The numbers that are there is 50, and it says for permits, and 1 need to know, is it a vendor's license or is it just per mural? And because it gives an opportunity for us to transfer locations based on different needs Chairman Sanchez: Ma'am, ma'am? Ms. Francis: Yes. Chairman Sanchez: Before you go any further, direct the questions through me and answer them -- so we could have the administration answer them to you because you've already asked a couple. Ms. Francis: OK. Chairman Sanchez: We want to make sure that everything is done -- Ms. Francis: Forgive me. It's my first time. Chairman Sanchez: OK. Ms. Francis: I'm really nervous and I'm really trying to make sure that what -- Chairman Sanchez: It's my first time as the Chairman, too, so bear with me, OK? Ms. Francis: OK. Chairman Sanchez: Lourdes -- City of Miami Page 81 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Ms. Francis: First question about the amount, the 50. Chairman Sanchez: -- can we -- she's asked a couple of questions. 1 don't want to get into like - Ms. Slazyk: All right. The 50 is the number of the total permits that are going to be issued We also have a definition in here for what a licensee is because it doesn't necessarily need to be a property owner. A licensee is any person or entity who holds, obtains or has been issued the required license from the City to place an arts and entertainment mural on a wall, so if you were to lease the space -- if you wanted to be a licensee, you could lease space from a building owner, who's got a blank wall that might be eligible for one of these, but the number -- total number of permits to be issued is 50. Ms. Francis: OK. Ms. Slazyk: So you could be one licensee who's got, you know, a certain amount of them in different locations around the city. Ms. Francis: And that's exactly what I'd like to be, a licensee -- Ms. Slazyk: Right. Ms. Francis: -- but there are some criteria here. For a smaller business, it's very difficult because of the amount for the fees. It just appears that, right now, the way it stands is that one person, if they had enough money, can come in -- and already have the clients -- can present to you right now that I have all the drawings that you require, and I have the $10, 000 per mural fees, and pay and get this, because the next thing that it says is that you can renew this license automatically every year, so this is a life -time deal, if you get it, so about the renewal, it's an automatic thing and whoever gets them first are the ones that keeps them, and this is a window -- I mean, to get in with the big fours, as a small business, 1 would like for you all to please make an opportunity for someone like me. I've been around. I've seen -- I've been here for 30 years, and I do business with the other fours, and 1 have to do business but if there's going to be a little window for some new issuance of licenses, please, can a smaller person get in? And that's what my concern is, about the renewal that is automatic, and the fact that it's 50, and that it can be relocated so it appears that you may be able to have 50 license or whatever the amount is, but how will they for sure make sure that it's only 50 signs? Ms. Slazyk: We do have one other provision in here that says that the City shall process a maximum of eight per month, per licensee, and that is to make sure that one person doesn't come in and get all 50 and shut other people out, so we did think of that in that respect. In the respect of the fees, 1 mean, that's a policy decision, but 1 think we felt that this was fair. Commissioner Winton: You know, what I would like you to do -- because I think that --1 don't know the right answer, Lourdes. 1 don't pretend to know the right answer, but 1 think the concept of designing something, particularly in a community like Miami, where we are nothing but small business, that creating an ordinance that provides a mechanism for them to get in and play, particularly when we're starting something, is very valuable. How we do that? 1 don't know how you differentiate between what we think we ought to be getting for fees and how you --1 don't know that either, but what I would like to do -- and I'm going to move --1 don't know if it gets supported by the Commission, but I'm going to move passage of this on first reading, but 1 would like you to meet with this lady afterwards and really work on some thoughts about that before it comes back for second reading. Ms. Slazyk: Yeah, we could think of something, I think, but I think that the issue about somebody City of Miami Page 82 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 coming in and getting all of them is addressed in here, because one licensee can't come in here and get more than eight in the first month, so -- Commissioner Winton: Well, could they come and get -- Ms. Francis: But it doesn't read that. It just reads that you process eight. It doesn't say -- Ms. Slazyk: Per licensee. Ms. Francis: Yeah. Commissioner Regalado: More than -- Ms. Lourdes: So -- Ms. Francis: Per month. Commissioner Regalado: Excuse me. More than eight in one district or more than eight throughout the city? Ms. Slazyk: No. It's per licensee -- Commissioner Winton: Citywide. Ms. Slazyk: -- which means it could be in all different districts, but one big company can't come in and get more than -- Commissioner Regalado: But it doesn't say it in the ordinance, that it has to be -- Ms. Slazyk: Eight per licensee, per month, so -- Chairman Sanchez: Eight per licensee. Commissioner Regalado: But it doesn't say that it has to be citywide. Because -- Ms. Lourdes: Oh, no. Commissioner Regalado: -- if you ask me, I'll go to Johnny's district in downtown and -- Ms. Slazyk: No. The eight is citywide, yeah. Commissioner Regalado: -- pull the eight. Ms. Slazyk: We'll clarify that. It's eight per month, per licensee citywide, not eight in this district, eight in that district, and eight in the other, no. Commissioner Regalado: OK. I have a question. How about somebody who has an illegal mural and wants that mural to become legal? Ms. Slazyk: They need to come in and become a licensee and get a permit for it. Commissioner Regalado: Ah-ha, that's important, but how about a person that has been having that mural illegally for years and years and years, are we going to just -- Commissioner Winton: Reward them by giving them a license? City of Miami Page 83 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Commissioner Regalado: -- reward that person by giving a permit? Ms. Slazyk: If they come in and meet the criteria and come before this Commission to get their approval, they have a right to request it like anybody else. Commissioner Winton: Why is that? Not -- Commissioner Regalado: But why is that? Commissioner Winton: If they have fines -- Ms. Slazyk: Well, they have to -- actually -- Commissioner Winton: If they have fines -- Ms. Slazyk: They don't get priorities, OK? Commissioner Winton: Huh? Ms. Slazyk: And this ordinance says that -- Commissioner Winton: Well, wait a minute. Wait a minute. Ms. Slazyk: -- "a licensee has to be free of outstanding violations, fines, default, and/or other penalties, " so if there's a Notice of Violation that's been filed, they have to clean it up first and come in with clean hands, but they have a right to request it like anybody else. Commissioner Regalado: Look, one case -- you see, we are going to have a meeting next week about the City's plan for a gateway in District 4, Coral Way and 37th Avenue. I mean, it's the least we can do because it's Miracle Mile and then Coral Way, and the gateway to the City of Miami has been and is -- although I have been protesting that for years -- a huge pawn shop mural in a pawn shop right there on 37th Avenue. That's the welcoming sign from Miracle Mile, Coral Gables to the City of Miami. Now, 1 asked and they told me that the sign is illegal, so my question is, why don't we just clean first the things that are bad and then start the whole thing -- because, you know -- Ms. Slazyk: Do you know -- Commissioner Regalado: -- what do we do -- Ms. Slazyk: -- if they have a Notice of Violation? Commissioner Regalado: What do we do -- how do I know? I'm not inspector, nor I'm not from the police, but I've been saying for years that that's an eyesore because it's the welcoming mat -- Ms. Slazyk: Right. Commissioner Regalado: -- the welcoming sign to the City of Miami, the largest city in the State of Florida is "Pawn Shop. We pawn everything here." It doesn't look right, especially if we're going to do a gateway now. Vice Chairman Gonzalez: And on top of that, it's painted with such colors that you can't miss it. Commissioner Regalado: Yeah, like really blue and like really yellow. I mean, it's --1 mean, City of Miami Page 84 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 they only need the red to have a flag, you know. Ms. Slazyk: Well, if there is a violation on any of the properties that are seeking this, they really -- they have to clean their act up before we can accept an application. Commissioner Regalado: Yeah, but that's not the point, Lourdes. Ms. Slazyk: No, 1-- Commissioner Regalado: The point is that that person could be rewarded if he said, "Oh, by the way, now that you have a law, I want to be legal because I want to follow the book," and then -- Commissioner Winton: Commissioner Regalado. Ms. Slazyk: Well, they'll be coming to this Commission, and -- but if they have a violation, they can't. Commissioner Winton: Hold on. Lourdes, don't -- we have something. We haven't -- we have something on our books. I forget what it was, but they're -- Mr. City Attorney, their -- we have an ordinance that -- and 1-- we passed it not long ago -- Commissioner Regalado: 1 know. Commissioner Winton: -- that allows us to block certain vendors from doing business with the City if they've been repeat violators. Rafael Suarez -Rivas (Assistant City Attorney): Yes, and specifically, that concept is recognized in this ordinance because it says that if you have an outstanding violation, fine from the City, you should not be eligible to receive the -- that's a condition precedent. Commissioner Regalado: Oh, OK. Commissioner Winton: But what Lourdes -- but I can tell you, Lourdes' interpretation is this -- Commissioner Regalado: It's different. Commissioner Winton: -- if that guy walks in and pays his fine, he gets a permit. What he's saying is that, I don't care if you pay your fine. You need to pay your fine. We need to put you out of business if you still have a fine, number one -- Commissioner Regalado: That's true. Commissioner Winton: -- if you've carried a fine for all these years, but number two, his penalty is, you don't get to march right in here, pay your fine today, and then get the reward of being one of the licensees and begin to make money. That's just -- Ms. Slazyk: Permission, because -- Mr. Suarez -Rivas: Commissioner, you're correct, that's in the context. I think -- the ordinance you're thinking about, you're correct. That's the -- we think that's a debarment ordinance. That is -- in the vendor -- Commissioner Winton: Debarment, that's right. Mr. Suarez -Rivas: But that's the vendor/city relationship. If you don't have a city contract or, City of Miami Page 85 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 you know, a city business relationship, you're probably not going to be debarred because it requires that first. Chairman Sanchez: That mechanism is in place. Mr. Vice Chairman. Vice Chairman Gonzalez: Yes, Mr. Chairman. 1-- Lourdes, I do have a concern and it's what the lady expressed. The fact that maybe five people or maybe six people will get these 50 permits and they will be -- they will automatically renew that year after year after year after year and it become a monopoly, but these people will be the only people entitled in the City of Miami to do an arts and culture mural. I do have a serious problem with that. Ms. Slazyk: Yeah. I don't know if you want to suggest putting a maximum amount per licensee, so that nobody can get eight of -- Vice Chairman Gonzalez: I mean --1 believe that we have -- Ms. Slazyk: That's a decision of this Commission, if you want to put a -- Vice Chairman Gonzalez: We have enough artists in the City of Miami that we need to expand the scope of this ordinance or whatever, so we -- so more people can participate -- Ms. Slazyk: Um-hmm. Vice Chairman Gonzalez: -- but making this exclusive for just a group of people that will be able to maintain this -- the monopoly of this business for the next 20 years to come, I don't think it's right. Chairman Sanchez: Well, 1 -- Vice Chairman Gonzalez: And I totally agree with the lady on that. Commissioner Winton: You know, you bring up another interesting point, and th?rt is that this -- what is it, 50 licenses? Vice Chairman Gonzalez: Yeah. Ms. Slazyk: 50 -- Mr. Suarez -Rivas: 50 permits -- Ms. Slazyk: -- permits. Mr. Suarez -Rivas: -- citywide. Ms. Slazyk: 50 permits. Commissioner Winton: 50 permits citywide, OK, but -- and so what -- Chairman Sanchez: Availability. Commissioner Winton: -- Commissioner Gonzalez is suggesting is that maybe there ought to be more, but you know what we have to be careful of that is that we open it up to more --1 think you've got to create some geographical distance in this thing, because if you say 50 -- let's say we want to go to 100. Well, they're going to want to go -- they're going to want to put a lot of those 100 right in my district and they're not going to want to put them where some of the rest of City of Miami Page 86 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 these guys want them, and so if you happen to expand --1 don't know if you want to do that or not -- but there has to be -- Vice Chairman Gonzalez:: And, Johnny, 1-- Commissioner Winton: I think there ought to be some quotas within the other districts, don't you? Vice Chairman Gonzalez: And finding the number of permits or murals, we also have to be careful with that because, you know, we have just been fighting about removing billboards and in one hand, we're removing billboards and in another hand, we're establishing -- Commissioner Winton: Creating a new one. Vice Chairman Gonzalez: -- another type of billboard. Commissioner Winton: Right. Vice Chairman Gonzalez: So, you know -- Commissioner Winton: I've been saying that all along. Vice Chairman Gonzalez: There has to be some other type of mechanism or some other type of - - where more people can participate, but we cannot make this exclusive for the first people that will apply for these permits this year will have permit for the next 20 years and nobody else will be able to paint a mural on the City of Miami or to put up a mural. Commissioner Winton: Could you put this out to an RFP (Request for Proposals) every five years or every seven years or something? Vice Chairman Gonzalez: That will be ideal. I think that's the -- that would be the solution. Ms. Slazyk: One of the other things -- Commissioner Winton: We're not -- Ms. Slazyk: -- which is in this ordinance, is a maximum of 20 -- there can be no more than 20 in any one Commission district, in that way not all 50 are going to end up in one and another district not have any. Commissioner Winton: Well, that's good. Ms. Slazyk: So there is a 20 max in -- per Commission district; 50 total for the city. Commissioner Winton: OK. Vice Chairman Gonzalez: That is fine, but also what Commissioner Winton just -- Ms. Slazyk: Put them out for a competitive process? Vice Chairman Gonzalez: -- proposed I think is -- Commissioner Winton: Every five years or seven years or something. Ms. Slazyk: Reopen or maintain a waiting list or something. I don't know. City of Miami Page 87 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Commissioner Winton: So let's -- because -- Vice Chairman Gonzalez: Every five years. Commissioner Winton: No, because if you put it -- if you -- the value in doing an RFP, particularly after it gets established -- I mean, after the first round, then the ground rules will be set, the -- not the --1 guess the -- that -- the value will be determined. That's what 1 was looking for. Ms. Slazyk: Right. Commissioner Winton: And so if you put it out on an RFP basis every five years, then there's going to be a more interesting competitive process, and if we build in some ground rules that encourage -- Ms. Slazyk: Art, art. Commissioner Winton: -- art and encourage small companies and those kinds of things, maybe it begins to do that kind of churning and mixing that gives everybody an interesting opportunity as we move forward, and you don't end up with the taxicab license thing, where it becomes a "I got all the licenses. 1 hold them for the rest of my life, my kid's life, my grandkid's life and 1 get - - my family gets rich and everybody else gets nothing, " and maybe a process like that works. Chairman Sanchez: Mr. Attorney -- Mr. Suarez -Rivas: Yes. Chairman Sanchez: -- if we passed it on first reading and came back and made minor modifications, it wouldn't have -- it could still go to second reading, right? Mr. Suarez -Rivas: Procedural modifications can be made, but -- for example, the concept we just heard, that's a -- to our mind, that's a substantial -- substantive modification. Chairman Sanchez: So it would bring -- that would bring it back to first reading. Mr. Suarez -Rivas: Yes, it would. We'd have to start again. Ms. Slazyk: Let us design -- Mr. Suarez -Rivas: Procedure -- Ms. Slazyk: -- the process and bring it back to you. Mr. Suarez -Rivas: You know, it's an interesting -- Commissioner Winton: But we can still pass this on first reading; you can bring back recommendations, if you determine that it has to go -- when it comes back in 30 days, it's -- it goes back to first reading, so be it. Mr. Suarez -Rivas: Right. You know, the thing -- the interesting thing about the RFP is, if this was public property, 1 can see the RFP concept for murals on any public right-of-way or public property of the city, but you have to consider also, this is a regulation of murals on private property, and 1 don't know if we -- for example, whatever issue RFPs for billboards on private -- City of Miami Page 88 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Chairman Sanchez: That's the problem. Mr. Suarez -Rivas: There's -- Vice Chairman Gonzalez: No, but -- Commissioner Winton: Well, you guys need -- Vice Chairman Gonzalez: No, we're not talking about -- Commissioner Winton: You all need to sort through this and think about it and help us -- Ms. Slazyk: Let us think about it. Commissioner Winton: -- figure out some sort of process. Vice Chairman Gonzalez: And we are not regulating the -- Mr. Suarez -Rivas: Yes. Vice Chairman Gonzalez: We are not regulating the private property. Commissioner Winton: You guys are going to get -- Vice Chairman Gonzalez: We are regulating -- trying to regulate -- Commissioner Winton: You guys are all going to get to talk. Vice Chairman Gonzalez: -- the amount of people that would be entitled to obtain these licenses every five years. Commissioner Winton: OK, so -- Vice Chairman Gonzalez: You know, that's what we're trying to expand. Ms. Slazyk: Yeah, it could even be done with a cap on renewals -- Commissioner Winton: And then -- Ms. Slazyk: -- to allow different people these things -- Commissioner Winton: Yeah, so y'all work out all of that. Ms. Slazyk: -- to regenerate. Yeah. Commissioner Winton: And would you meet with this lady also and get the rest of her -- I don't think she needs to put all of her questions and comments on the record. You can just -- she wants to make sure they go into the hopper here so that they're given due consideration. Ms. Slazyk: OK. Commissioner Winton: And she's been nervous as heck and scared to death to come up here and talk, and we thank you for doing that. Ms. Francis: Thank you. Thank you very much. City of Miami Page 89 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Chairman Sanchez: Thank you. Commissioner Winton: Thank you. Chairman Sanchez: Lucia, 1 believe you're next, and then -- Commissioner Winton: There's a whole group of people who want to talk. Chairman Sanchez: Yeah. Well, everybody's going to have an opportunity to talk -- Commissioner Winton: Yeah. Chairman Sanchez: -- OK, and we waived the two minutes. We'll take it to five minutes. Lucia Dougherty: Good afternoon, Mr. Chairman -- I mean, Mr. Vice Chairman and members of the Commission. Lucia Dougherty, offices at 1221 Brickell Avenue. I'm here today on behalf of Metro Lights, which is a company which has a few murals in the City of Miami currently that we did apply for licenses back when you had a former mural ordinance. The issue of whether they're legal or not legal is actually pending. We believe that -- you know, we had a right to ask for them at the time, but the point of the matter is -- and this is something that I think is -- you need to focus on. Mr. Regalado, the sign that you're talking about is an on -site sign. That's not a mural. That's somebody advertising their own business, and that is regulated by a different code. This is something that is a art mural that is going to cover a wall that is a blank space, and hopefully will add to the -- Commissioner Regalado: Like the ones in the Miami Herald building. Ms. Dougherty: Well, I wouldn't use that one. I would use the Adidas sign on his building, which actually added to his building, but you're right. Commissioner Winton: (UNINTELLIGIBLE) but they both will benefit ultimately in this ordinance. Ms. Dougherty: You're absolutely right. Commissioner Regalado: Yeah, but Lucia, you -- Ms. Dougherty: The one on the Miami Herald building, you're absolutely right. Commissioner Regalado: -- but you're an expert on that. People don't know the difference from the pawn shop to a wall mural. I'm all for a wall mural, but what I'm saying is that there may be a loophole in the ordinance that people that want to paint blue their pawn shop and advertise may be considered as a mural. Ms. Dougherty: 1 understand, but you know what the good news is? You approved every single one of them. All 50 signs come before the City Commission, so we're going to know whether or not there's a blue pawn shop, so -- Commissioner Regalado: That's cool, because we don't have the authority to do anything about the illegal ones. Ms. Dougherty: That's right, but these ones you're going to have the right to approve or not approve. City of Miami Page 90 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Commissioner Regalado: OK. Ms. Dougherty: Secondly, this is a pilot project. This was never envisioned to be the end result of what could happen. 1 think that everybody wanted to sort of test what it was going to look like, how it was going to affect the city, how much money was going to be raised, and that's something that needs to be talked about. We anticipate that, under this current ordinance, you'll raise $1, 000, 000 a year, minimum. The other thing, too, is that we believe that there will be opportunities for folks who are just starting out. For example, the lady who spoke just a minute ago, she believes that this is a $10, 000 per year fee. It's not. It's a one-time license fee of $10, 000. Then you have to pay the fees for each sign based on $5 a square foot, so we think that based on $5 a square foot, you'll be adding substantial revenue -- and it goes into your Arts and Entertainment Council to actually promote art within the City, so there's a lot of public benefits - - remember, it's a pilot project. We can -- you know, assuming that you pass this on second reading and you want to tweak it in the future years to bring in more people or to add more signs, this is something you can do in the future, so we'd urge your approval on first reading. Vice Chairman Gonzalez: Mr. Manager, I have a question. Mr. Manager -- Commissioner Winton: Joe Arriola. Vice Chairman Gonzalez: Hello. Mr. Manager, question. Ms. Dougherty has just said that this is going to generate $1, 000, 000 a year, and my question is this: If we propose that ten murals go to each one of our districts, are the proceeds of these murals going to go to each one of our districts for projects in the district, parks or whatever or -- Joe Arriola (City Manager): If that's the wish -- Vice Chairman Gonzalez: -- is this going to be part of the general fund? Mr. Arriola: If that's your wish, we could do that. Commissioner Winton: The way the ordinance is -- Vice Chairman Gonzalez: Because if the community is going to be impacted by these murals, then the benefit should go to the district or to the community that is going to receive the impact. Mr. Arriola: It's your wish, Commissioner. Commissioner Regalado: Yeah, but the money -- Angel, the money will be allocated by the Arts and Entertainment Council. The only thing that we can do and we should do is that the Arts and Entertainment Council allocates money -- funds for each district so when you have people in your district that needs to present a play or something, you direct them to the Entertainment Council and then they will, on the merits of the play -- I think it's a great idea, to use the money in the arts of the district. Like, for instance, we have now two arts festival in District 4, the Flagami and the Coral Way, and the merchants are paying for and now, you know, it would be nice to help them, so I'm all for it. Vice Chairman Gonzalez: I agree. Chairman Sanchez: All right, sir, state your name for the record Eugene Rodriguez: My name is Eugene Rodriguez. I'm the owner of the Ice Palace Film Studios, and I basically flew out to L.A. (Los Angeles) to research some of this and, basically, the City of West Hollywood, which controls Sunset Strip, created these tall wall ordinances actually to stimulate their entertainment districts. The Ice Palace is in the Film And Entertainment City of Miami Page 91 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 District, and I own one of these buildings that has one of these. Back in 1999, when I bought in this area, 1 was the only one buying anything, and I needed the building to be used as an icon, and 1 needed the economic stimulus to help support the facility. At that time, as far as we were concerned, everything -- the permits were being pulled properly -- you didn't really have a mechanism to allow these type of murals to be put up to meet what the murals are, what they do in New York and L.A., so to a great extent, the billboard lawsuit created a very extended period of time where nothing could be done, but 1-- you know, I want to make this very clear. The Ice Palace would be a warehouse right now generating half the real estate taxes that that district is doing without those walls that I have on that big building. I could have never afforded to survive last four years without that income stream, and the fact that it's a beacon -- if you remove the ads on that big wall --1 own the big building. I own the biggest one in the whole city. That one's me on the north side of the expressway. If you remove that thing, you won't even look at that neighborhood. You'll drive on 395 to South Beach and you won't even know what's there, because I've seen it with it and without it, and 1 have pictures of that. Our goal has always been to make that Entertainment District a vibrant Entertainment District that you know it's that, plus film and arts and all of that, so your comment --1 understand your comment, but you would actually be penalizing someone like me that took a huge risk and is still taking a risk up to today because still the banks still won't finance that neighborhood, and 1 also wanted to add, if that -- the additional legislation, if you're renovating the building, if they'll let you have them there, if you're actually renovating it? If you're in the process of -- Commissioner Winton: I will tell you, there's another way to look at the ordinance relative to tweaking it, and that is that where Eugene is, is we've created a special district, and so you can make special rules in special districts -- Mr. Rodriguez: Yeah. Commissioner Winton: -- that don't necessarily -- that's what the special district does -- doesn't conform to what the whole global thing is, so you might want to -- Lourdes, you might want to think about how that fits. Mr. Rodriguez: And something else that I learned from -- I just went to West Hollywood and they told me -- Commissioner Winton: You went to what? Mr. Rodriguez: West Holly -- the City of West Hollywood controls the Sunset Strip -- Commissioner Winton: Oh. Mr. Rodriguez: -- in L.A., and they created these tall walls to act as beacons to attract their -- to their district, and they said that they were so successful that the rest of the city started adopting it, and it watered down the strength of the identity of their district, so -- I do caution also -- I think these are very appropriate for entertainment districts. I think they liven it up. You need the energy. It's like Time Square; without that vibrancy, you lose strength, but I would caution of putting them, you know -- Commissioner Winton: Anywhere and everywhere. Mr. Rodriguez: You have to think it through, and I brought Ana back a lot of research -- Ana and Lourdes -- a lot of photos and research from Los Angeles to help nurture the specifics about all this stuff Commissioner Regalado: Eugene, you know a lot about PR (public relations) and marketing, City of Miami Page 92 Printed on /2/16/2004 City Commission Verbatim Minutes September 23, 2004 because of the fact that you have survived, and by the way, congratulations because Deco Drive Mr. Rodriguez: It was tonight. Commissioner Regalado: -- is having their party, which is a symbol. Chairman Sanchez: Make sure we get invitations. Commissioner Regalado: Which is a symbol, because you know what? They -- their logical place to do their party would have been South Beach and they went to you, and just for that --1 mean, you should be commended, but you know about marketing, and advertising goes where people goes. 836, 1-395, in your area, is the most visible area in the City of Miami, other than 1- 95 probably going north, but the people would always would want to go there, rather than maybe the 27th Avenue Corridor, because what you're going to have -- say on 22nd Avenue, on 27th Avenue, on District 4, the advertisers will know that they will get the same number of persons and the same person everyday. However, on 1-395, it's a whole different ball game because, you know, if you're new here, you go. If you go out to the port, you go. If you going to Miami Beach -- so what I'm saying is that, they -- your area will be a preferred one. Also, the Arts and Entertainment Council has a number of persons that are really dedicated to arts and culture. They really mean well, and I think that by doing that, your area can benefit a lot because a lot of people would want to use venues, like we do at MSEA (Miami Sports & Exhibition Authority), you know, your venue is the logical place for people to do things, so I -- it's just that we are trying to bring arts and culture throughout the city -- Mr. Rodriguez: Yeah. Commissioner Regalado: -- and it's very difficult to do it in Coral Way, for instance, because there is no nightlife in Coral Way. Mr. Rodriguez: But that's far enough you can't see it, but they're distinctive neighborhoods. My point is, keep these things to the neighborhoods that need them. You know what I mean? Like if you have a neighborhood in Coral Way that needs to be stimulated, identify it because if -- Commissioner Regalado: Oh, no. I agree with you. Mr. Rodriguez: -- if you identify it, it keeps its strength. These murals keep their strength. The minute there's a lot of clutter, clutter weakens all of them, and I just wanted to also say that there's actually 90,000 people a day that go on 395, but they pass right by us, and that -- the point is to create these entertainment districts so they see that something's going on there, so they turn around, get off on Biscayne, and actually come and stay in these districts so that these districts evolve into strong, healthy districts because you have to understand, if you're going to have hundreds of restaurants -- I live in South Beach, and if you look at Coconut Grove, the vacancy rates are enormous. You need a lot of people to make that Performing Arts District and the Club District healthy. You need people there, you know, lunch, breakfast, dinner, all the time, and to have the number of people you need to keep that area viable, you need to really identify it, and I think it's an appropriate thing for these murals to be there, but the only thing about the -- this retroactive thing about punishing the past, remember you'd be punishing me, too, and they've played a vital role in making that district even be noticed, to be honest with you, SO -- Mr. Rodriguez: Thanks. Chairman Sanchez: Thank you, Eugene, and congratulations. City of Miami Page 93 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Gilberto Pastoriza: Gil Pastoriza, 2665 South Bayshore Drive, here on behalf of Wallscape Media. Needless to say, we're very supportive of this ordinance. I think that your concerns can be addressed between first and second reading, and I just wanted to clarify something. The annual -- the license fee is $10,000 annually, not just one lump sum. Commissioner Winton: No. That's a big difference. Mr. Pastoriza: Thank you. Steve Alexander: Steve Alexander representing Dade Media, Inc. We also agree, and 1 think everybody in the industry would agree with me that one of the things we need to change is in Section 4.6 in the commercial message to take out the language that refers to 14 by 48, so we don't have any similarity of a reference to billboards and that sort of thing, so again, the purpose of this -- Commissioner Winton: So what did you just recommend? Mr. Alexander: To remove a phrase that says -- that refers to the commercial message not being 14 by 48. Chairman Sanchez: I believe that's already in the -- Commissioner Winton: He's saying remove it. Chairman Sanchez: -- that amendment has already been made, correct? Ms. Slazyk: Not taking out the actual dimension, and I agree, but we're going to keep the 672 max. Chairman Sanchez: But you're going to have the 25 -- Mr. Alexander: 1 think you'll still have this same issue if you leave the 672 actually. Ms. Slazyk: The issue with that is, 1 spoke to the County and they -- that is their maximum size allowed for off -site advertising, and they -- these will be off -site advertising, so we cannot exceed that size, and that's why we set that up as a maximum. You can do 80 percent of a wall. The commercial message can't exceed 25 percent, but that 25 percent number can't exceed 672 square feet, and we just mean for the words, not for the total thing, the words. Mr. Alexander: That's -- the way it's defined is trademark, copyright, logo, service mark, text, et cetera -- Ms. Slazyk: Correct. Mr. Alexander: -- which could be -- which is not just the words. Ms. Slazyk: No. It -- well, if the rest of it should -- if the words get that big, then you're violating County Code anyway, so we had to set up a maximum to meet the County Code. We can be more restrictive than them, but not more -- Mr. Suarez -Rivas: But not more liberal. Ms. Slazyk: That's right, so -- but if it's a photograph of a person and an ad for, let's say, a perfume or something, the words or the logo could be 672, but the photograph can be bigger. City of Miami Page 94 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 These are not meant to be exactly billboards, and 1 wouldn't remove that limitation. Commissioner Winton: Moving right along. Mr. Alexander: All right. Thank you. Chairman Sanchez: Sir, please state your name for the record. Richard Prichett: Mr. Chairman, Commissioners, my name is Rick Prichett, Carter Outdoor Advertising, one of three owners. We're here today as the billboard industry to talk about this new mural billboard ordinance, which we're very concerned that the sizes and the restrictions are somewhat less than we are bound by as our industry, and 1 wanted to bring that to light that our spacing is 1, 000 feet on local roads and 1, 500 feet on state and federal -aid primary roads, of which this ordinance is 300, and we would like to go on record that we believe that they should be the same. Also, as an industry, we have to adhere to a State Statute, Chapter 479, which is regulates state and federal -aid primary roads as to commercial messages, and we believe that this ordinance, the way it's written, is in violation of both of those, and 1'd like to go the record as that, too. If there is anything that we can do as a locally owned business -- Mr. Suarez -Rivas: Please speak into the mike, sir. Mr. Prichett: If there's anything that we can do as a locally owned business here in Miami to help you, we will, but I wanted to go on record that we're concerned the way this ordinance is prepared today. Chairman Sanchez: Thank you very much. Commissioner Winton: Do y'all want to change your billboards so that only -- so that the 75 percent of the message on your billboard is for public service -- Mr. Prichett: If -- Commissioner Winton: -- and 25 percent is for the paid ad? Mr. Prichett: We would -- we -- Commissioner Winton: Did 1 hear yes? Mr. Prichett: We've worked very hard in this town for a very long time. Commissioner Regalado: You wish. Commissioner Winton: 1 mean, if that's what you're bringing to the table, we'd be willing to talk about a lot of things. Mr. Prichett: And I would love to talk to you about it, sir. This is -- this was just brought to light yesterday. This ordinance was to myself and 1 would like a lot of discussion about it, and I look forward to it. Chairman Sanchez: All right. Sir, you've put your concerns on the record. Are there any questions from the dais or -- thank you very much. Mr. Prichett: Thank you. Chairman Sanchez: Sir, please state your name for the record. City of Miami Page 95 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Mark van Fossan: Mark van Fossan, owner of Wallscape Media, address 67 Summit Avenue, Summit, New Jersey. I'd like to address the prior gentleman's concerns. The difference between the wall mural and the intent of the wall mural ordinance is to generate a public benefit to the community and the arts programs in the city. We're paying and we project in the wall program to generate upwards of $1, 000, 000 direct, economic cash benefit to the city and the community in terms of the greater arts program. That's very different than commercial outdoor advertising, so I think we need to distinguish between the two. I do recognize and understand the importance of zoning and regulations for billboards. Billboards have been around a lot longer than mural arts program, as Eugene mentioned, in West Hollywood, in Washington, DC, and elsewhere in New York City, is a relatively new business and one that is being molded and shaped to meet the objectives of the City, so it's on a different platform, really, than the outdoor advertising business Commissioner Winton: And 1 would suggest that the benefit to the community --1 think the hard -cash benefit may be upwards of $1, 000, 000 a year. The other benefit is that the public service messages that encompasses 75 percent of the space of the thing is another direct benefit to those not -for -profits and public cause issues that has a real economic value. Mr. Fossan: Correct. Chairman Sanchez: Thank you so much. Anyone else. Mr. Flowers, you look davishing [sic] today, sir. Charles Flowers: Thank you, sir. Charles Flowers, 1000 Northwest North River Drive, Miami, Florida. I'm here in support of the mural ordinance and the -- Chairman Sanchez: Support or oppose? Mr. Flowers: In support, in support, in support. Chairman Sanchez: Oh, in support, OK. Mr. Flowers: Yeah. Murals are different from billboards, as I just heard the former speaker made that statement. We're talking about art in public places. We're talking about the money generated in each district. Each district should have the revenue come to their district for arts in public places, and for -- I think I heard Lourdes statement -- a statement that a building, which is unoccupied, should not have a mural. Well, I understand that Commissioner Regalado made a statement, and some time ago 1 think Johnny Winton and others made a statement that the murals make a building look much better than they were in the past. Commissioner Regalado: That's true. Mr. Flowers: And speaking about Eugene's building, the mural really bring light to that (UNINTELLIGIBLE) building, so 1 think that the word "unoccupied building" should be stricken from the ordinance. Mr. Flowers: No. That was on purpose? Chairman Sanchez: No, sorry. I apologize. No. Mr. Flowers, sir, please let me apologize. Commissioner Regalado: Finish. Chairman Sanchez: 1 was turning mine off. City of Miami Page 96 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Mr. Flowers: OK, Chairman, you can have it, but the -- there's money coming into the -- each Commission district -- I mean, each Commission should have a minimum of 25 to 30 murals, and the money -- Commission Regalado made that statement, what -- well -- I think a mural ordinance should be adopted You did me again -- on purpose again, Joe, but 1 think it should be adopted. Thank you. Chairman Sanchez: 1 apologize. It's my first day. I'm learning how to (INAUDIBLE). Mr. Flowers: I'll forgive you this time. Chairman Sanchez: Anyone else? 1 have mine on. Bear with me. Lourdes, anything you want to add? If not -- Ms. Slazyk: No. Just the one clarification about the -- Chairman Sanchez: OK. Ms. Slazyk: -- occupied buildings. If a building has got the 40-year certification and it's got a CO, even if they don't have people using it, it would be fine, but we didn't want to put anything in here that would encourage somebody to leave a building in dangerous, dilapidated condition just so they can have a mural on the side. Chairman Sanchez: Well -- Lourdes. Ms. Slazyk: There are plenty of nice buildings with blank walls that could use these. Chairman Sanchez: As the Chair and the proper protocol, I'm the last one to speak and one of the things that I was concerned with was a building that's not operational, you know, and I'll give you a perfect example, driving around, there's one building that's not occupied. It's about to fall down any day and still it has an illegal --1 believe, its illegal sign on it, and that's a great concern to me, so I want to make sure that this ordinance has a language in there where the business has to be operational. Occupational license, you know, Certificate of Use, or whatever, maybe have a business inside, because then what's going to happen is what are you to prevent somebody from coming in and just building a shell of walls to put, you know, so-called ads? So that's one concern 1 want to make sure that that is properly addressed in that ordinance. Ms. Slazyk: OK. What we had put was a CO/CU or 40-year certification, but if you want an actual -- have an operation of a business, we'll clarify that. Chairman Sanchez: OK. Now, are you done, because -- Ms. Slazyk: That's it. Chairman Sanchez: Did you clarify? Ms. Slazyk: No. That was it. Chairman Sanchez: OK. This ordinance has been back and forth, 1 know, from quite some years, and this is basically a clean-up of what we've had in the past. I mean, this is a clean-up of the ordinance. I mean, we basically have cleaned house with some issues in the City that, at the end, I think are much better today and they generate money for us. I am a big supporter of the arts and cultural aspect of it. I mean, anything that can generate money for us to support the arts and help the arts and culture in our community, I'm a big supporter of it. I see this -- one thing that I'm happy, it's a pilot program, so you know, it'll basically start off to address a lot of the concerns that have been in the past where we've had people that have been violated the law, City of Miami Page 97 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 so now with all the regulations that have put forth -- and I'm very content with it because 1 think it's fair. I've read it back and forth, and / had some concern with it, but those concerns have been brought out, especially Commissioner Winton, who focused on a couple of issues that I was very concerned with, but that has been addressed. It is first reading. If we pass it like this on first reading and it's modified in any way, it would come back, but would it come back to us on first reading or would it go to second reading? Commissioner Winton: Depends on the change. Mr. Suarez -Rivas: Depends on whether the change is procedural or substantive. Procedural changes, which, as you know, are minor changes, claring and refining things in the ordinance could be done for second. If it's a substantial change, material, then it's got to start again and kick off with first reading again. Chairman Sanchez: OK. Commissioner Winton: But that won't be determined until next time. Chairman Sanchez: All right. So there's a motion and a second. No further discussion. The public hearing is closed. I think everyone who wanted to speak had an opportunity. 1 don't want to leave anybody out of a public forum. At this time, Mr. City Attorney, read the ordinance. The Ordinance was read by title into the public record by the Assistant City Attorney. Chairman Sanchez: All right. Madam Clerk, roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. Chairman Sanchez: Thank you. I want to take the opportunity to praise the administration and praise the industry for working very hard to bring us an ordinance that could have been much, much worse than what it could have been but, you know, through the art of compromising and negotiating, we were able to move forward with it, so congratulations to all on this. I believe that this concludes our meeting. Are there any pocket items? Commissioner Winton: Heck no. Vice Chairman Gonzalez: No. Commissioner Winton: Move to adjourn. Chairman Sanchez: No pocket items. Is there a motion to adjourn, which I will gladly entertain? Vice Chairman Gonzalez: Motion to adjourn. Commissioner Winton: As the first meeting for our new Chairman, what a job. (APPLAUSE) Chairman Sanchez: Thank you. Thank you. Meeting is adjourned. Commissioner Winton: Go 'Canes. Chairman Sanchez: God bless every one of you, and go 'Canes. City of Miami Page 98 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 PZ.3 04-00720 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 OCEAN PALACE PROJECT, TO BE LOCATED AT APPROXIMATELY 850 NORTHWEST LE JEUNE ROAD, MIAMI, FLORIDA, TO BE COMPRISED OF A FIVE -STORY, MIXED -USE STRUCTURE, WITH 400 TOTAL MULTIFAMILY RESIDENITAL UNITS WITH RECREATIONAL FACILITIES, 8,600 SQUARE FEET OF GROUND LEVEL, RETAIL SPACE AND APPROXIMATELY 809 TOTAL UNDERGROUND PARKING SPACES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 04-00720 MUSP Fact Sheet.pdf 04-00720 MUSP Analysis.PDF 04-00720 Zoning Map.pdf 04-00720 Aerial Map.pdf 04-00720 School Brd Recomm.PDF 04-00720 Traffic Impact Analysis.PDF 04-00720 MIA Letter.PDF 04-00720 Miami -Dade Aviation Letter.PDF 04-00720 PAB Reso.PDF 04-00720 MUSP Application.PDF 04-00720 Sp Ex Fact Sheet.PDF 04-00720 Sp Ex Analysis.PDF 04-00720 ZB Reso.PDF 04-00720 Sp Ex Application & Supp Docs.PDF 04-00720 Plans.PDF 04-00720 Legislation.PDF 04-00720 Exhibit A.PDF 04-00720 Exhibit B.PDF 04-00720 Exhibit C.PDF REQUEST: Major Use Special Permit for the Ocean Palace Project LOCATION: Approximately 850 NW Le Jeune Road APPLICANT(S): Century Homebuilders of South Florida, LLC APPLICANT(S) AGENT: Gilberto Pastoriza, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended denial to City Commission on June 16, 2004 by a vote of 7-0. ZONING BOARD: Recommended approval with conditions* of special exceptions to City Commission on May 10, 2004 by a vote of 9-0. *See supporting documentation. City of Miami Page 99 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 PURPOSE: This will allow the development of the Ocean Palace Project. DEFERRED A motion was made by Commissioner Winton, seconded by Vice Chairman Gonzalez, and was passed unanimously, with Commissioner Regalado absent, to DEFER item PZ3. Chairman Sanchez: At this time, 1 believe, Madam Clerk, that we can go into, is it PZ 1 ? Vice Chairman Gonzalez: Mr. Chairman, could we take PZ 3, because that is going to be fast? It's going to be a continuance. Chairman Sanchez: Absolutely. PZ 3. Priscilla A. Thompson (City Clerk): Before -- I'm sorry. I need to swear people in, please. Chairman Sanchez: Yes. Anyone wishing to speak or testify on behalf of a PZ (Planning & Zoning) please raise your right hand and be sworn in by the City Clerk. Ms. Thompson: We -- if you're going to speak on any of the PZ items, PZ. 1, 2, or 3, please, I need you to stand please and raise your right hand. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. Chairman Sanchez: All right, PZ.3. Gilberto Pastoriza: Mr. Chairman, Gilberto Pastoriza, 2665 South Bayshore Drive. Chairman Sanchez: Well, before you do that, very important, all those registered lobbyists are registered with the City? If not, on your way out, please drop off a check. Thank you. Mr. Pastoriza: I would ask the Commission to -- continuance on this matter. We are redesigning the side and we'll come back with you with a different product. Lourdes Slazyk (Assistant Director, Planning & Zoning): Rather than a date certain, since it's going to be different, we'll just renotice. Mr. Pastoriza: Yes. Chairman Sanchez: All right. Do I have a motion to defer? Commissioner Winton: Yes. Chairman Sanchez: There's a motion by Commissioner Winton. Commissioner Winton: So moved. Chairman Sanchez: Is there a second? Chairman Sanchez: Second by Vice Chairman Gonzalez. Open for discussion. Hearing none, City of Miami Page 100 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 this is a deferral. Commissioner Winton: Could -- Mr. City Attorney -- Joel Maxwell (Deputy City Attorney): Yes, sir. Commissioner Winton: -- am I allow allowed to make any comments relative to PZ 3, if we're deferring it? Mr. Maxwell: It's properly before you right now, but if it's not a public hearing item, 1 would suggest you -- if you're not going to take it up, then 1 would suggest you hold your comments. Commissioner Winton: Well, I'm trying to help him. Mr. Maxwell: Well, you can --1 mean -- Mr. Pastoriza: We're coming back with a new product, Commissioner. Commissioner Winton: Thank you. This is -- Mr. Pastoriza: Yes. We already know about that. Chairman Sanchez: All right. Commissioner Winton: That's all 1 wanted to know. Thank you. Chairman Sanchez: OK. All in favor of the deferral, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Referral passes. Mr. Pastoriza: Thank you. Chairman Sanchez: All right. We'll see you at a later -- Mr. Pastoriza: I will. Chairman Sanchez: -- date or month or time. Commissioner Winton: Outstanding move. Mr. Pastoriza: Thank you. Chairman Sanchez: OK. SUPPLEMENTAL AGENDA CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ SI.1 04-01080 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT A DONATION, IN THE TOTAL AMOUNT OF $ City of Miami Page 101 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 24,000, FROM POSITIVE PARTNERSHIP PROGRAM, INC., TO BE RECEIVED IN TWO INSTALLMENTS OF $12,000, THE FIRST IN OCTOBER 2004, AND THE SECOND INSTALLMENT OF $12,000 IN JANUARY 2005, TO SUPPORT THE OPERATION AND ADMINISTRATION OF THE MAYOR'S MENTORING INITIATIVE PROGRAM AT VIRRICK PARK; PROVIDING FOR A PROGRAM FACILITATOR, A CONFLICT RESOLUTION CURRICULUM AND TO PURCHASE MATERIALS FOR PROGRAM PARTICIPANTS; APPROPRIATING SAID FUNDS TO THE MAYOR'S DEPARTMENTAL IMPROVEMENT INITIATIVE FUND; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, ACCEPTING THE DONATION FOR THE IMPLEMENTATION OF SAID PROGRAM. Motion by Vice Chairman Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado R-04-0628 Chairman Sanchez: We'll move into the Mayor and Commissioners' item. We have a Supplemental Agenda 1, which is a resolution. Mr. Attorney, could you read the resolution? Commissioner Regalado: What is it? Commissioner Winton: What item are we on? Commissioner Regalado: What -- Chairman Sanchez: That's the Mayor's item. It's accepting a grant for $24, 000. I just want the City Attorney to read it in the record so people know what we're voting for. Commissioner Regalado: It's not here. It's not in the agenda. Jorge L. Fernandez (City Attorney): It's -- Chairman Sanchez: It's supplemental agenda. Mr. Fernandez: -- supplemental agenda. Commissioner Regalado: Oh, I don't have -- Commissioner Winton: Oh. Commissioner Regalado: -- the supplemental agenda. Mr. Fernandez: It's -- Commissioner Regalado: I don't have the supplemental. Mr. Fernandez: And it's -- Commissioner Winton: I do. Well, my staff gave me -- Mr. Fernandez: -- actually, two resolutions. City of Miami Page 102 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Commissioner Regalado: I'll get it. Chairman Sanchez: You want a copy? Commissioner Regalado: No, no, no, no. I'm fine. I'll just hear -- Chairman Sanchez: OK. Commissioner Regalado: -- what you have. Chairman Sanchez: Yeah, just -- The Resolution was read by title into the public record by the City Attorney. Chairman Sanchez: All right. Is there a motion? Vice Chairman Gonzalez: Move it. Commissioner Regalado: Second Chairman Sanchez: There's a motion and a second It's open for discussion. 1 don't think we've ever turned down any money -- grant money, especially going towards children, so all in favor, say "aye. The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion passes unanimously. SI.2 04-01081 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT FROM THE SAVE A LIFE FOUNDATION, IN THE AMOUNT OF $100,000, FOR THE PROMOTION OF TRAINING AND EDUCATION IN BASIC LIFE SUPPORT FOR CHILDREN AND ADOLESCENTS WITHIN THE MIAMI HIGH FEEDER PATTERN SCHOOLS LISTED HEREIN; APPROPRIATING SAID FUNDS TO THE MAYOR'S DEPARTMENTAL IMPROVEMENT INITIATIVE FUND; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID GRANT. Motion by Vice Chairman Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado R-04-0629 Chairman Sanchez: Can we go to the second one? Jorge L. Fernandez (City Attorney): Yeah. The Resolution was read by title into the public record by the City Attorney. Chairman Sanchez: OK. The resolution has been -- City of Miami Page 103 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Vice Chairman Gonzalez: I move -- Chairman Sanchez: -- read into the record. Vice Chairman Gonzalez: 1 move the resolution. Chairman Sanchez: There's a motion by Vice Chairman Gonzalez. Is there a second? Commissioner Regalado: Second. Chairman Sanchez: Second by Commissioner Regalado. It is open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. That was a great presentation, young lady. Unidentified Speaker: Thank you. Chairman Sanchez: OK. DISTRICT 5 CHAIRMAN ARTHUR E. TEELE, JR. SI.3 04-01077 DISCUSSION ITEM MS. EVELYN ANDRE' AND MEMBERS OF THE BUENA VISTA HOMEOWNERS ASSOCIATION TO ADDRESS THE COMMISSION. 04-01077-cover memo.pdf NO ACTION TAKEN City of Miami Page 104 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 NON -AGENDA ITEMS NA.1 04-01111 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RESCHEDULING THE FIRST AND SECOND COMMISSION MEETINGS OF NOVEMBER TO BOTH TAKE PLACE ON NOVEMBER 18, 2004, AT 9:00 A.M., IN THE CITY COMMISSION CHAMBERS AT CITY HALL. Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado R-04-0645 Chairman Sanchez: And just for the purpose of housecleaning, the City Clerk has advised me that we need to change some dates in November or December for the simple reason that November -- one of the Commission meetings falls on a holiday -- two of the Commission meetings fall on a holiday, and also, in December, one of the meetings is on the 23rd, which is very, very close to the holidays, so this legislative body is going to have to make some changes here, whether we want to combine some dates, so what we need for you to do is to look at your calendar and make some type of recommendation as to what dates you want to do. We could always combine, as we have done historically, for the last couple of years, here in November, where we have one meeting only, so we need to come up with that. We need to select one day in November and maybe combine both meetings, and possibly do the same in December, and if we need to have another meeting, we could always call another meeting in either month, but just -- Commissioner Regalado: Maybe the second Thursday in November. Chairman Sanchez: OK. We could do that. The second Thursday in November is the 18th. Mr. Vice Chair, would -- Vice Chairman Gonzalez: Yeah, fine. I'm fine with that. Jorge L. Fernandez (City Attorney): That would be the third Vice Chairman Sanchez: Yes, it is the third; it's the 18th. Commissioner Regalado: Because the fourth is Thanksgiving, right? Mr. Fernandez: Yes, but the 11 th of November, which is the second Thursday, is also a holiday. Priscilla A. Thompson (City Clerk): It's a holiday, that's correct. Mr. Fernandez: So you really -- if you want to do it on a Thursday, you have the 18th. Chairman Sanchez: We could do that. However, by doing that, we have to do it by a resolution. Joe Arriola (City Manager): Correct. Chairman Sanchez: So, is there a motion to change and combine both dates for November the 18th as one Commission meeting? Commissioner Winton: So moved. City of Miami Page 105 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Vice Chairman Gonzalez: Second. Chairman Sanchez: There's a motion by Commissioner Winton. Second by Vice Chairman Gonz alez. 1t is open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." The resolution passes unanimously. How about December? Vice Chairman Gonzalez: I will propose that we have -- that we also have a combined meeting on December 9th. Commissioner Winton: Second. Chairman Sanchez: OK. We already scheduled to have a meeting on the 9th, but if it's your wish to have a combined meeting on the 9th, and if we, for whatever reason, can't finish the agenda on the 9th, then we'll schedule another meeting, so there's a motion to combine both meetings by Vice Chairman Gonzalez for December the 9th. Is there a second? Commissioner Regalado: I'll second, Mr. Chairman. Chairman Sanchez: Second for the purpose of discussion. Commissioner Regalado, you're recognized Commissioner Regalado: Maybe -- I don't know, Mr. City Attorney -- maybe we can sort of amend the motion saying we'll start in the 9th, and could be continued maybe to the 10th -- Commissioner Winton: Yeah. Commissioner Regalado: -- if we have -- Commissioner Winton: That's a good idea. Commissioner Regalado: -- if we have some leftover -- especially PZ (Planning & Zoning) items, and then we don't have to delay that until January, because then we can advertise. Maybe we can say the 9th and unfinished business on the 10th. Vice Chairman Gonzalez: On the 10th. 1 accept -- Commissioner Regalado: Is that -- Vice Chairman Gonzalez: -- the amendment? Commissioner Regalado: Is that OK? Chairman Sanchez: The maker of the motion accepts the amendment. There's a motion and a second, as amended. It is still open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay" Resolution passes unanimously, so we've taken care of that. Mr. Fernandez: Mr. Chairman. City of Miami Page 106 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Chairman Sanchez: Yes, sir. Mr. Fernandez: So then it's the intent of the Commission that both the meeting -- the one meeting you have in November and the one meeting you have in December be combined, regular meeting and P&Z. Chairman Sanchez: Yes, sir. Ms. Thompson: That's correct. Vice Chairman Gonzalez: Correct. Ms. Thompson: Correct. Chairman Sanchez: That is the intent of this legislative body. Madam Clerk, are you OK with that? Ms. Thompson: Yes, sir. I have all that. Chairman Sanchez: OK. Ms. Thompson: Thank you. (NA.1) 04-01112 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RESCHEDULING THE SECOND COMMISSION MEETING OF DECEMBER TO TAKE PLACE ON THE SAME DATE AS THE FIRST COMMISSION MEETING ON DECEMBER 9, 2004, AT 9:00 A.M., IN THE CITY COMMISSION CHAMBERS AT CITY HALL; FURTHER STIPULATING THAT SAID COMMISSION MEETING BE CONTINUED TO DECEMBER 10, 2004, IF NECESSARY. Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado R-04-0646 See minutes of discussion under File ID 04-01111. NA.2 04-01113 DISCUSSION ITEM CHAIRMAN SANCHEZ STATED THAT HE WILL BE SCHEDULING A WORKSHOP WITH THE COMMISSION, CITY MANAGER, CITY ATTORENY, CITY CLERK AND THE ADMINISTRATION TO ADDRESS PARLIAMENTARY PROCEDURES BASED ON MASON'S RULES OF ORDER. DISCUSSED Chairman Sanchez: Before we move on, let me just state that we will be handing out -- thanks to the City Attorney's Office, each Commissioner will be getting a Mason's Manual of Legislative Procedure, and what we've done is -- I will also be directing the administration to schedule a workshop for the Commissioners and their senior staff to discuss and go over the workshop to basically address some of the procedures pertaining to Mason's rules and orders, and general procedures so, Mr. Manager, if you could work with the Commission and, of course, the City City of Miami Page 107 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Attorney and the City Clerk should be present at that meeting. It can be maybe just an hour to have a workshop pertaining to the rules that govern this body. I think it'll help us out in the long run. Any discussion from the Commissioners on this item? We have provided this for your reading pleasure, so get used to it because this is what governs us here, and we will be going by the book, so enjoy reading. Commissioner Winton: You ever read that book? Chairman Sanchez: I have. Commissioner Winton: That's real good nighttime reading, if you want to go to sleep quick. Commissioner Regalado: And -- yeah. Chairman Sanchez: OK. NA.3 04-01115 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE (BIC) FOR TERMS AS DESIGNATED HEREIN. VOTING MEMBER APPOINTEES: Sylvano Bignon Robert Masrieh John El Masry Elena Carpenter Marco Selva Ricardo Dunin David Collins NOMINATED BY: Commissioner Johnny Winton Commissioner Johnny Winton Commissioner Johnny Winton Commissioner Johnny Winton Commissioner Johnny Winton Commissioner Johnny Winton Commissioner Johnny Winton NON -VOTING MEMBER APPOINTEES: NOMINATED BY: Sue McConnell Commissioner Johnny Winton Monette Klein O'Grady Commissioner Johnny Winton Tucker Gibbs Commissioner Johnny Winton Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 108 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado R-04-0649 A motion was made by Commissioner Winton, seconded at Commissioner Regalado, and was passed unanimously, to appoint Sylvano Bignon, Robert Masrieh, Elena Carpenter, Marco Silva, Ricardo Houdin, John El Masry, David Collins as voting members of the Coconut Grove Business Improvement Council. A motion was made by Commissioner Winton, seconded at Commissioner Regalado, and was passed unanimously, to appoint Sue McConnell, Monette O'Grady and Tucker Gibbs as nonvoting members of the Coconut Grove Business Improvement Council. Commissioner Winton: Commissioner Sanchez. Chairman Sanchez: Yes, sir. You're recognized Commissioner Winton: The -- we reorganized two boards in Coconut Grove and created, by ordinance, a couple of months ago -- I forget when -- the new Business Improvement Council for the Grove, and it's not on the agenda, but 1 would like to make the appointments so we could get the meeting going, if you don't mind, so I would like to move Sylvano Bignon, Robert Masriah, John El Masry, Richardo Duneen, Elena Carpeneter, Marco Silva and David Collins as the voting members. Commissioner Regalado: Second Chairman Sanchez: OK. There's a motion and a second. It is open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Commissioner Winton: I would -- Chairman Sanchez: All those in opposition, say "nay." Hearing none, it passes unanimously. Commissioner Winton: And there's also three nonvoting resident members. I'd like to appoint Sue Mcconnell, Monet O'Grady and Tucker Gibbs. Commissioner Regalado: Second Chairman Sanchez: There's a motion and a second. Open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Hearing none, passes -- motion passes unanimously. NA.4 04-01114 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION SCHEDULING A SPECIAL COMMISSION MEETING, TO CONSIDER FILLING THE VACANCY OF DISTRICT 5 COMMISSIONER, ON SEPTEMBER 28, 2004, TO BEGIN IMMEDIATELY AFTER THE CONCLUSION OF THE PUBLIC HEARING ON THE FY 2004-2005 BUDGET, SCHEDULED ON THAT SAME DAY. City of Miami Page 109 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado R-04-0648 Chairman Sanchez: Other than that, if we -- well, we've never finished this early in the history here, since I've been here, so all the other items that we have, Madam Clerk, unless you have some items that can be brought now, basically, we're -- the -- this is incredible. 1 think we broke a record. Commissioner Winton: We love broken records in that regard. Chairman Sanchez: So, at this time -- Commissioner Regalado: Mr. Chairman. Chairman Sanchez: Yes, sir. You're recognized. Commissioner Regalado: We're coming back at 3? Chairman Sanchez: At 3 o'clock. Commissioner Regalado: And do you have any idea -- I read that you want to call a special meeting to resolve the issue of a vacancy in the Commission. Chairman Sanchez: We'll -- that's an issue that we need to address, and well discuss that after 3 o'clock to see what is it that this legislative body is going to do to hold a special meeting and discuss the future. Commissioner Winton: Could we not do that now? Chairman Sanchez: We could do it now, if you want. Commissioner Winton: We got 45 minutes -- Commissioner Regalado: Right. Chairman Sanchez: We got -- Commissioner Winton: -- 50 minutes. Chairman Sanchez: -- 45 minutes on the matter. Well, let's start -- the Governor has exercised his power and has suspended one of our Commissioners. There's a vacant seat in the Commission. It is up to the legislative body to, within 10 days, appoint or then we go in a special -- so we could hold a special election. A very important factor here is that 1 think that the viewers on Net-9 and all those that are here today and the residents of Miami need to know what the City Charter dictates to this legislative body, so what I would do at this time is respectfully ask the City Attorney to read into the record what exactly is it that the City Charter intends. Jorge L. Fernandez (City Attorney): Yes, Mr. Chairman. As you has -- as you have stated, the Governor has suspended Commissioner Teele. This creates a vacancy, and your City Charter provides specifically for how that vacancy is to be filled. You have two alternatives: The first one is to fill the vacancy by an appointment and, in essence, you have 10 City of Miami Page 110 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 days, starting today, to exercise that option; fill that vacancy by an appointment. The person appointed needs to be a voter, registered voter and a resident for one year in that district which is being -- the vacancy occurs. The person so appointed serves then -- would serve until the next election that is in the year 2005. Absent or failing to make that appointment, the Commission then must call for a special election to be held for purposes of electing, again, the same requirements, a registered voter, someone that resides in that district for a year, and that election must be held -- there is a qualifying period after you call for the election, and then the election must be held no sooner than 38 days and no later than 45 days after the qualifying period and that is, in essence, in a nutshell, what your options are and how you need to proceed. I stand ready to continue to advise you on particulars on this process and answer any questions you may have. Chairman Sanchez: Commissioner Regalado. Commissioner Regalado: One question: So the threshold for the November 2nd general election is not good for a special election, so the threshold will be, probably, the second week in November for a special election in District 5? Mr. Fernandez: If this Commission chooses to call a special election and you do the math, 1 believe that that special election will fall some time in mid -November. Commissioner Regalado: OK. One question for the City Clerk. The Elections Department requires two weeks to program the Votronic machines, so the general election is in November 2 nd. If this body were to decide on an election, it would be two weeks after that, right? Priscilla A. Thompson (City Clerk): A minimum of two weeks after that at -- Commissioner Regalado: Well, she said here two weeks minimum. Ms. Thompson: Right. When 1 spoke to them yesterday, they were actually asking for more than two weeks. More -- so three weeks, because they're going to have to do -- have printed up ballots because they'll have to have absentee ballots available for those people who are in that district. They'll have to mail them overseas if there's anyone overseas (UNINTELLIGIBLE); those kinds of things. Commissioner Regalado: And what would be the cost for the City for a special election in District 4? Ms. Thompson: They have not been able to give me that price because they needed to know the date and then all the other particulars. Commissioner Regalado: Yeah, but your recollection of -- Ms. Thompson: My rec -- Commissioner Regalado: If a citywide election is $125,000 -- Ms. Thompson: My recollection in that district, it was supposed to be somewhere in the way of 20 -- 1'm sorry. OK, but only in that district, 1 think it's somewhere close to 45,000 because it's only in that one section, but 1 have to confirm that number with them. Chairman Sanchez: All right. Commissioner Regalado: Mr. Chairman, I'm just -- whatever you decide, whenever you want to call the special session, but I just think and 1 will be my guide that there should be a special City of Miami Page 111 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 election. I mean, if we're talking of $40, 000 or $30, 000, I mean, this is a small cost to pay for the public to express their will, so that's my position. Chairman Sanchez: Commissioner Winton. Commissioner Winton: Mr. City Attorney. Mr. Fernandez: Yes. Commissioner Winton: The -- Mr. Fernandez: Yes. Commissioner Winton: Explain to me again what the procedure is on the timing and procedure relative to appointing someone that fills a slot for what period of time. Mr. Fernandez: A vacancy on the City Commission shall be filled within 10 days after such vacancy occurs by a majority of the remaining City Commissioners. The person appointed must meet the qualifications of the office, which I've already explained. "The term of office of the person so appointed shall be until the successor in office is qualified and elected at whichever of the following occurs first" -- I'm reading to you verbatim what your Charter says in direct response to your question -- "whichever of the following occurs first: the odd year general election for Mayor and City Commissioners held pursuant to Section 4 of the Charter," and that would be odd year -- that would be 2005, so does that occur first? Or the even year State of Florida general election at which election, national, state and county officers are filled, which is the November 2 election, so which of those two occur first? Certainly, November 2 of 2004 occurs first, but the problem here is that then you go into the other requirements of the Charter, and here you have that based on the fact that the State of Florida general election is scheduled to be held on November 2 of 2004, if an appointment is made later than September 19, 2004, insufficient time exists for a successor to be qualified and elected at the November 2, 2004 general election. Thus, the term of office of a person appointed to fill the vacancy after September 19th -- and today is way past September 19th -- would be until his or her successor is qualified and elected at the general municipal elections of 2005. Commissioner Winton: Well, I guess my point of view on this is that our Charter allows for either opportunity, number one. Number two, I've chaired two separate Charter Review Committees and -- where we've addressed Charter issues and made significant changes to our Charter, and both of those provisions state in our Charter during both of those events, so -- and as I've thought about this and read comments in newspapers, and trying to think about what the right thing to do is, my personal view is, I would rather -- and I'm going to support the concept of making an appointment because making an appointment today gives --1 think, creates a very level playing field that could bring out a significant number of people who could qualify to run for a full year of campaigning for an election that will be held one year from now in a city that now pays a real salary to somebody who could afford to serve, and I think what the voters did in approving this salary increase last November for City Commissioners, I think we're going to see the fruits of those efforts in this upcoming election because a lot of people from that district who could not have afforded to spend -- to take the time away from their real job and come and do this job, which is so demanding, for $5, 000 a year, that goes away. That issue goes away, so 1 would be willing to bet a lot of money that well see a significant number of candidates enter that race, and I think that's good for our community, so I'm personally going to support the concept of us making an appointment to fulfill that term, which runs from whenever we make the appointment to November of next year. Mr. Fernandez: Mr. Chairman, the point that I failed to make is that if you make an appointment, that person serves only through the general elections in 2005. If you call a special City of Miami Page 112 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 election some time in mid -November, whenever that election falls, pursuant to our Charter, that person elected also serves only through November of 2005 because that person fills the unexpired term, so whichever way you look at -- either through an appointment or through a special election, the term of that person is only through November of 2005. Chairman Sanchez: OK. 1-- any other -- Commissioner Winton: Go ahead. Chairman Sanchez: Commissioner Gonzalez. Vice Chairman Gonzalez: Yeah. My concern about an election is that if we call for a special election, Mr. City Attorney, and a person gets elected, and then Commissioner Teele gets adjudicated, Commissioner Teele is entitled to come back to the Commission, right? Mr. Fernandez.. Absolutely. Vice Chairman Gonzalez: And then the person that got elected is removed? Mr. Fernandez: Correct. Vice Chairman Gonzalez: That's where I have a problem, and going through an election -- and, sincerely, I believe that Commissioner Teele is going to be back. I strongly believe that Commissioner Teele is going to be back sooner than later; that's my personal feeling. That's the opinion of his attorney; that's the opinion of the newspaper, and calling a special election, which, if it were a case that we believed that Commissioner Teele would never have a chance to come back to be a Commissioner, then 1 will say, you know, let's call an election, but there is a strong possibility that he's going to win this case and he's going to be able to come back and sit at this Commission, and going through a process of an election and having someone run for office -- Chairman Sanchez: And then be removed. Vice Chairman Gonzalez: -- raise the money, run a campaign and then tell them, you know, now you got to leave. To me, to whomever the candidate is going to be, it's not fair so, you know, that's where I'm debating and like 1 said, you know, 1 have a strong feeling that we're going to have Commissioner Teele back soon. Commissioner Regalado: Mr. Chairman. Chairman Sanchez: Yes, sir. Commissioner Regalado: According to the Charter, even Commissioner Teele can run in that election if he wishes to. Mr. Fernandez: Well, not necessarily according to the Charter. Commissioner Regalado: Well, no, not the Charter -- Mr. Fernandez: There is case law. Commissioner Regalado: -- but the legal procedures. Mr. Fernandez: Exactly. There is case law that if there is a special election called to fill that vacancy created by him, that he can be a candidate for that position. Now, if the items that gave City of Miami Page 113 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 rise to his suspension are -- Vice Chairman Gonzalez: Yes, but -- Mr. Fernandez:: -- still pending, the Governor -- Vice Chairman Gonzalez: Can suspend him again. Mr. Fernandez: -- may, again, suspend him the moment he gets elected, but the courts have found that the person is a valid candidate. Commissioner Regalado: Well, just -- Vice Chairman Gonzalez: Yeah, but -- Commissioner Regalado: -- just mentioned to make sure. 1-- you know, we spend -- and I understand the concern of Commissioner Gonzalez is a very important one, but the person who chooses to run, if there is an election, understand that the period that for he or she is being elected is only one year -- Vice Chairman Gonzalez: No, no. Commissioner Regalado: -- and that -- Vice Chairman Gonzalez: No, no, not only one year. Commissioner Regalado: No, no -- Vice Chairman Gonzalez: It might be a month. Commissioner Regalado: -- and that he can -- he or she can be told to leave any time soon, if the person occupying that seat is vindicated and comes back. That's the things that they have to carry if they want to choose. What I think is that, you know, we spend $40, 000 on a parade, and I think that $40, 000 is worth for the people of District 5 to speak, and you know what? 1 think -- at least, 1 am not qualified to decide who is the right person to represent and to be the only representative of the Afro-American community in this Commission. I mean, we got three Cuban -Americans. We got one Anglo, and we got one Cuban -American Mayor, so you know, we more or less understand, but to me, it's very difficult to decide who is the right person for a while, for one month, one week, one year to represent the Afro-American community and, to me, everybody knows that there is a salary involved now. Everybody knows the workload Everybody knows -- I've seen many enthusiastic people in the African -American community and, you know, the majority rules. If this is a will of the City Commission to appoint somebody, fine by me, but I will ask you to consider calling a special election and giving the opportunity to the Afro-American community to express their will in who is going to be their representative, so that would be -- Chairman Sanchez: All right. We have tomorrow and then the weekend, and I will be calling a special meeting, and 1 will be letting you know when that special meeting is. Being that the Chairman gets to speak last, I get to listen to all the valid concerns that my colleagues have and, 1 think that, at the end of the day, we just need to do what the just process is for the entire city and, above all, for that district that, right now, does not have any representation from a Commissioner. I'm sure, it has it from us and the administration, and the Mayor but, you know, we would -- well get over this and it's not going to be easy. I mean, I'm a product of being appointed by this Commission and it really allowed me an opportunity -- one thing I'll tell you is that I would have never been here as a Commissioner if I would have ran for office. One, 1 didn't know the establishment. 1 wasn't able to raise the money. I wasn't in with the clique and, City of Miami Page 114 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 therefore, 1 would have never had the opportunity that I have here today if I wasn't appointed by the Commissioners, including Commissioner Teele, who gave me his vote, and there's a lot of people out there that are dying to serve this community that have a lot of talent, that are young and, you know, they really want to do what's right. They just need to be given an opportunity, and they're never going to have it in an election process. I -- to be very honest with you, I don't know exactly what I'm going to do yet. I'm going to take the weekend to think about what 1 think will be the best for that community and, above all, for that district that right now has a vacant position, so I will be calling a special meeting. 1 don't know when, probably Tuesday or Wednesday. When would you like to meet as Commissioners? Commissioner Winton: 1 need my calendar. Commissioner Regalado: Hey, I think -- Mr. Chairman, we have a budget hearing -- Commissioner Winton: Oh, that's right. Commissioner Regalado: -- on Tuesday at 5:05. Commissioner Winton: Yeah. Commissioner Regalado: You can call a special meeting maybe on Tuesday at 3 p.m. or something. Commissioner Winton: 4. Chairman Sanchez: Why don't we do it at 4? Commissioner Winton: Yeah. Chairman Sanchez: Are we OK on 4? Commissioner Winton: Because I can't be here before 4. Commissioner Regalado: Four o'clock. 1 mean, you know, we just have to -- Commissioner Winton: Yeah. Commissioner Regalado: -- decide -- Chairman Sanchez: 4? Commissioner Winton: 4. Commissioner Winton: All right, so that is the will of this Commission and the meeting will be set Tuesday at 4. Commissioner Regalado: At 4 p.m. Commissioner Winton: OK. Commissioner Regalado: Is it a public hearing or just a -- Commissioner Winton: Mr. City Attorney. Chairman Sanchez: Mr. City Attorney, is it a public hearing? City of Miami Page 115 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Mr. Fernandez: It need not be a public hearing, but the purpose of calling the special meeting that you're calling is for you to continue to debate the options that you have -- Chairman Sanchez: Exactly. Mr. Fernandez: -- not to take any particular action -- Chairman Sanchez: We may -- Mr. Fernandez:: -- at that meeting. Chairman Sanchez: -- not agree on that date, and we might have to have another meeting, not to say that it's going to happen, but those -- well, hey, you know, you never know. Mr. Fernandez: All right. Commissioner Regalado: No, but how you will advertise? You advertise a Special Commission meeting for filling the vacancy of District 5, that's all, and it could happen, it could not happen. Mr. Fernandez: All right, so the reason 1 asked is because we want to make sure that we advertise or put out the notice to the public in the broader sense so that this Commission has all the latitude or all the options available to you, so that -- on that day on Tuesday when you meet, you can choose only to debate which of the two options you're going to pursue, or you may then exercise one of the options at that point in time. Commissioner Regalado: But is it a pub -- Mr. Fernandez: That's what I hear you want to do. Commissioner Regalado: But is it a public hearing or not? Mr. Fernandez: Well, by public -- Commissioner Winton: He said it's not required to be a public hearing. Mr. Fernandez: -- hearing, you mean that it's going -- the general public is going to be told that it will be taking place, yes. There is no statutory requirement that you need to advertise in a certain format or, you know, so many letters or the like. It will be published in the newspaper with all the advertisings that we otherwise do, and the general public will be so informed that you will be considering all of your options; -- Commissioner Winton: Mr. City Attorney. Mr. Fernandez: -- is that correct? Chairman Sanchez: That is correct. Mr. Fernandez: OK. Yes. Commissioner Winton: What's the -- isn't the countdown ten days from -- Mr. Fernandez: Today. Commissioner Winton: -- from today or from the date he was removed? From today? City of Miami 1'age 116 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Mr. Fernandez: Well, from the day he was removed Today is your day number one. Commissioner Winton: OK, so within ten days, we have to do something. Mr. Fernandez: Within ten days, you have to -- Commissioner Regalado: Or not. Mr. Fernandez: -- either make an appointment within ten days -- you don't have to take all ten days to make the appointment -- or if you fail to do that, on the outside of ten days, then you need to call a special election. Commissioner Winton: Got it, and what's the ten-day -- what is the date of the ten-day limit? Ms. Thompson: Saturday, October the 2nd, is what we count. Commissioner Winton: Saturday, October 2nd? Commissioner Regalado: Do you -- Ms. Thompson: Yes. Commissioner Regalado: -- also counting -- Commissioner Winton: So does that mean -- Commissioner Regalado: -- the not -- Ms. Thompson: We haven't distinguished -- Commissioner Winton: Is it ten calendar days? Ms. Thompson: It doesn't say business days, so when it -- Mr. Fernandez: No. So it's ten days, even counting weekends because, otherwise, when the Charter specifically provides for a qual wing period, it makes sure that it only refers to calendar days. Commissioner Winton: But generally -- Mr. Fernandez.: When no specific reference is made -- Commissioner Winton: -- when the date -- the deadline falls on a weekend, then it goes to 5 p.m. on -- Mr. Fernandez: On the following day -- Commissioner Winton: -- on the Monday, but that isn't the case in this? Mr. Fernandez: Well, I am informed by those that have a historical memory of how this Commission has operated, and the best reading -- Commissioner Winton: Well, his -- excuse me. City of Miami Page 117 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Mr. Fernandez: -- on that would be that actually -- Commissioner Winton: Mr. City Attorney. Mr. Fernandez: -- when it says ten days, is the tenth day, so if it falls on October 3rd, it is October 3rd -- Commissioner Winton: OK. Mr. Fernandez: -- the day by which you must make that decision. Commissioner Winton: Well, here's what I want to challenge you on. You just said that you've been told about the history of the City of Miami. I'm not interested in the history of the City of Miami. I'm interested in what the law says, not in our history, because this City has a very colorful history. Unidentified Speaker: Very colorful. Mr. Fernandez: Well, the -- Commissioner Regalado: But it's not boring. Commissioner Winton: But it's not boring, that's for sure. Mr. Fernandez: The better -- notwithstanding historical interpretations, the best legal understanding or interpretation that we can give, when it makes reference to ten days and it doesn't exclude weekends, is that it's to be interpreted strictly and means whenever that tenth day fall, that's what it was intended. Commissioner Winton: Then -- which is Saturday, then, October 2. OK. Thank you. Mr. Fernandez: Yes. Chairman Sanchez: All right. Any other statements by the Commission pertaining to this item? Hearing none, the City -- Commissioner Regalado: So, it's 4 o'clock, 4 o'clock on Tuesday. Chairman Sanchez: 4 o'clock, Tuesday. Commissioner Winton: 4 o'clock, Tuesday. Chairman Sanchez: You'll be receiving a letter from my office establishing the meeting. The City of Miami Commission stands in recess. We'll be back at 3 o'clock. Thank you. Unidentified Speaker: He still didn't answer the question about whether the public -- Chairman, he never responded to the question that you had asked about whether -- Chairman Sanchez: Mr. City Attorney, is it a public hearing? Commissioner Winton: He answered that. Chairman Sanchez: I mean -- Unidentified Speaker: Well, you never said we could participate or not. City of Miami Page 118 Printed on 12/16/2009 City Commission Verbatim Minutes September 23, 2004 Commissioner Winton: He did answer the question. It's up to the Chair. Unidentified Speaker: (UNINTELLIGIBLE) I didn't hear it. Commissioner Winton: Yes, he did. He said it was -- Mr. Fernandez: It is a public meeting, not a public hearing. Commissioner Winton: Not a public hearing. Chairman Sanchez: Yeah. Mr. Fernandez: That's a term of art. Chairman Sanchez: You could come. You could be here. Unidentified Speaker: (INAUDIBLE) speak? Chairman Sanchez: No. They can't speak. Unidentified Speaker: (INAUDIBLE), can the public participate? Mr. Fernandez: That is a decision that the City Commission would make, as a matter of its own protocol. Commissioner Winton: The Chair would make that decision. Unidentified Speaker: 1 was just trying to find out. Thank you. Chairman Sanchez: And the letter will state whether it's a public hearing. Unidentified Speaker: Thank you, sir. (INAUDIBLE). Chairman Sanchez: OK. Another item, now that we're all here, before we go into RE.2 is, we had scheduled a meeting or we had contemplated on having a meeting on Tuesday before the budget, and I'm a little concerned about having that meeting before the budget. The budget is -- you know, it's a sensitive issue, having the budget here. Commissioner Winton: Well, 1 don't have any other time next week, so -- Chairman Sanchez: You don't have any other time? Commissioner Winton: -- if we don't do it then, I'm not going to be here. Chairman Sanchez: Could you do it -- could we do it after the budget, instead of before the budget? Commissioner Winton: Yeah, 1 guess so. Commissioner Regalado: But how do we know what time? Commissioner Winton: Yeah. Chairman Sanchez: Well, what time is the budget scheduled for -- City of Miami Page 119 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Commissioner Winton: For 5 o'clock. Chairman Sanchez: -- Madam Clerk? Vice Chairman Gonzalez: 5. Commissioner Winton: 5 o'clock. Ms. Thompson: 5:05 p. m. Commissioner Winton: Yeah, 1 could do it after. Commissioner Regalado: I mean, 1 don't care. Commissioner Winton: That day is the only day I've got next week. Commissioner Regalado: 1 don't care. Chairman Sanchez: I'd just rather do it after the budget. Vice Chairman Gonzalez: Right. Chairman Sanchez: The budget is going to be -- you know -- Commissioner Winton: It's OK with me. Chairman Sanchez: -- every year in the budget, it's a heated debate over the budget, and I think that before going into the budget we're having -- Commissioner Winton: Before we have one heated debate -- Chairman Sanchez: And I -- 1'm going to -- Commissioner Winton: -- we ought to have the other heated debate. Chairman Sanchez: I'm going to make -- well, there's going to -- both are going to be very sensitive issues, and I'm telling you right now, it will be a public hearing. The public will have an input, both on the budget and on the other issue, and then I'd rather just do the budget first, get it out of the way, and then, when the budget is over, we'll address the other issue. Commissioner Winton: That's fine. 1 can do that. Commissioner Regalado: Mr. Chairman, it's your call. Chairman Sanchez: OK. Commissioner Regalado: So -- Chairman Sanchez: Well, we need -- it requires a vote to have that special meeting. In that way, you alleviate me from even writing a memo to all of you, so let's just vote on it right now. Maybe time certain 7 o' clock or right after budget? Commissioner Regalado: Right after budget. City of Miami Page 120 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Commissioner Winton: Right after budget, whatever time that is. Chairman Sanchez: OK. 1 would need a motion. Is there a motion on the floor? Vice Chairman Gonzalez: I move to hold the meeting for the decision on the appointment or election -- Chairman Sanchez: After the budget. Vice Chairman Gonzalez: -- process -- Commissioner Regalado: Second Vice Chairman Gonzalez: -- after the budget on Tuesday. Chairman Sanchez: There's a motion -- Commissioner Winton: Second. Chairman Sanchez: -- by Vice Chairman Gonzalez. Commissioner Regalado: Second. Chairman Sanchez: It is second by Commissioner Regalado. Commissioner Regalado: If we can include -- Chairman Sanchez: Discussion. Commissioner Regalado: -- that this will be a public hearing in the motion? Commissioner Winton: That isn't -- Chairman Sanchez: It will be a public hearing. Commissioner Regalado: OK. Mr. Fernandez: It is a public -- Commissioner Winton: It is not required to be a public -- Mr. Fernandez: -- meeting, not a public hearing. Commissioner Winton: Right. Vice Chairman Gonzalez:: Public meeting. Commissioner Winton: There's a huge difference. Mr. Fernandez: Right. Chairman Sanchez: Well -- Mr. Fernandez: So it is -- it will be a public meeting, but it -- the Clerk will make sure that it gets properly advertised, and she will give it wide circulation so that everyone is informed that City of Miami Page 121 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 we will be having this meeting immediately after your budget hearing, and -- but it's not a public hearing, per se. Chairman Sanchez: Well, what is the will of the Commission? Commissioner Winton: Well -- Vice Chairman Gonzalez: It's a public hearing. Commissioner Regalado: I mean -- Commissioner Winton: -- from my view point -- Commissioner Regalado: -- it's in your choice. You're going to let the people speak or not. Chairman Sanchez: Well, 1 think it's a matter that we should let the people speak. Commissioner Regalado: Well, then it's a public hearing, right? Commissioner Winton: But if it's a public hearing, you're required to let everyone speak. If it's a public meeting, you can set some ground rules -- Mr. Fernandez: Correct. Commissioner Winton: -- that dictate how much time -- how many time -- how many people are really going to get to speak. 1t isn't as though this is going to be some complex issue. People are going to be wanting us to do this or this -- Commissioner Regalado: Right. Commissioner Winton: -- and, you know, they could raise their hands almost. You know, let a few people be the spokespersons for the group -- Chairman Sanchez: Well, we could -- Commissioner Winton: -- as opposed to everybody gets up and gets two minutes. Chairman Sanchez: Well, that's going to be a policy issue. We could address that at that meeting then, but as of now, I mean, people will speak. We'll just have them select some community leaders to come up and we'll give them three minutes -- Commissioner Winton: Right. Chairman Sanchez: -- as we usually do. OK, so there's a motion and a second. No further discussion. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Hearing none, the motion passes unanimously. Mr. Fernandez: And with that motion, is also directions to the Clerk to rescind and ignore your previously passed resolution calling for that meeting at 4 o'clock. City of Miami Page 122 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Chairman Sanchez: Absolutely, yes. Madam Clerk. Ms. Thompson: There wasn't a previous resolution. 1t was just a discussion and -- Chairman Sanchez: Right. Ms. Thompson: -- the Chair said he was going to send a memo out. Mr. Fernandez: Oh, all right. Chairman Sanchez: And this -- by us having this vote, it really -- it really takes the pressure off Mr. Fernandez: Right. Chairman Sanchez: -- from writing that letter out and putting it out. Mr. Fernandez: Exactly. Chairman Sanchez: We're still going to meet here, so it's just -- it required a vote and we got a vote on it. Mr. Fernandez.: So it's now a meeting being called by the entire Commission -- Chairman Sanchez: Exactly. Mr. Fernandez.: -- rather than a meeting being called by you, as Chair? Chairman Sanchez: Exactly. NA.5 04-01116 DISCUSSION ITEM A motion was made by Commissioner Regalado, seconded by Vice Chairman Gonzalez, and was passed unanimously, approving the request made by Miami -Dade County Elections Department to use the Staff Room in City Hall as a location for early voting for the November 2, 2004 Presidential Election from Monday, October 18th through Sunday, October 31, 2004; further instructing the City Manager and the City Clerk that said room is to be made available solely for the purposes of early voting during said time. [Note: Clerk contacted Miami -Dade Elections Department, the City Manager, Information Technology and Teresita Fernandez, Hearing Boards to alert all that the City Commission had approved the site for early voting and to coordinate meetings to arrange for certain preparations needed to hold said event. Chairman Sanchez: The City of Miami Commission meeting is back in order. Before we go into RE.2, we do have -- we have been contacted by the Elections Departments, who are interested in conducting early voting at the City -- Miami City Hall, 1 believe, beginning October the 18th through the 31 st. There are three days during that period of time that the staff room is being occupied because of meetings, and the Election Department wants to know if the staff room would be available at this time for their use so they could have an early voting office here, so -- Commissioner Regalado: Mr. Chairman. Chairman Sanchez: Yes, sir. City of Miami Page 123 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Commissioner Regalado: If I may, 1'll -- I'd like to introduce a motion offering the City Hall as an early voting site from Monday, October 18, 2004, to Sunday, October 31, 2004. The reason is that we would only have a few early voting sites; one being the Flagami Library, Flagler -- Madam Clerk -- Priscilla A. Thompson (City Clerk): I'm sorry. Commissioner Regalado: Flagami Library -- early voting sites, Flagami Library, Flagler and 50th. Ms. Thompson: We haven't gotten the list for the new sites. We haven't gotten an up-to-date list, but, yes, the last time -- Commissioner Regalado: But the new sites has to be libraries anyway. Ms. Thompson: Exactly, but 1 don't know if she's going to still use that one. I haven't seen that list yet. Commissioner Regalado: She prob -- Ms. Thompson: But she did use it the last time. Commissioner Regalado: Well, she better use that site again, but, anyway, this site will be serving the Coconut Grove, the Silver Bluff, the West Grove, the Bay area, so 1 think, Mr. Chairman, we -- I'll just introduce a motion directing the Administration to make arrangement for one day, to use another facility for the staff during the City Commission meeting. There's only one City Commission meeting during that period of time. 1 think it will be a service that the City will be offering to the residents. Chairman Sanchez: OK. There's a motion. Is there a second? Vice Chairman Gonzalez: 1 will second it for discussion. Chairman Sanchez: Discussion. Vice Chairman Gonzalez: OK. I -- when 1 got the copy of the memo, 1 met with the Manager and discussed the memo, and even though 1 agree 100 percent with this facility for early voting, 1 believe that City Hall will not be the most appropriate place because people that are going to come to vote are going to have to go through security; they're going to be wandering around the building, and in every office, so what I discussed with the Manager was the possibility of maybe using the Convention Center next door and make that site available for the voting place. Chairman Sanchez: Madam Clerk, and then the City Manager on this matter. Ms. Thompson: Unfortunately, Vice Chairman Gonzalez, if you can remember, the Florida State Statute now requires -- Commissioner Regalado: The law. Ms. Thompson: -- that the Supervisor of Elections uses as a vote -- early voting site, either a satel -- either the County Commission office or the Supervisor of Elections Office, a satellite office for the Supervisor of Elections, city halls or a library, so we don't have the flexibility that we used to have since we have -- City of Miami Page 124 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 Commissioner Gonzalez: All right. Well -- Ms. Thompson: -- that new Florida State Statute. Vice Chairman Gonzalez: Then if it has to be City Hall, it has to be City Hall. Chairman Sanchez: All right. There's a motion and a second on the issue. Mr. City Manager. Vice Chairman Gonzalez: The Manager wants to -- Joe Arriola (City Manager): Yeah. One of the issues that 1 want to bring up, the -- they're requesting this room back here, and I'll tell you the problem. The problem is going to be that you're going to have a whole bunch of people running around Commissioners' office and all over City Hall. If we could -- and 1 will talk to the front -- if we could limit it to maybe -- I'll talk to the Sergeant of arms [sic], but we could temporarily move them there, because -- Commissioner Regalado: No, because you need -- Mr. Arriola: Two machines. Commissioner Regalado: Well -- Mr. Arriola: It's two machines, is all you need. Commissioner Regalado: -- you need three languages. You need -- it doesn't fit -- and you need the table for their registering -- Mr. Arriola: Right. Commissioner Regalado: -- in alphabetical order. Mr. Arriola: Well, you could put the table up front and you could put it in there, but I'm -- Commissioner Regalado: Hey -- Mr. Arriola: -- it's really for your discretion. 1 mean, I'm not too sure you guys are going to be thrilled of having people just walking around here in your -- I won't have a problem; I'm upstairs, but if you're going to have a lot of people here, you're going to have a lot of security issues that you might not feel comfortable with. If we could set it up in the front, I mean, it'd be inconvenient but it's fair enough, we could do it. Commissioner Regalado: I -- Commissioner Winton: 1 don't care. Commissioner Regalado: 1 think -- Commissioner Winton: 1 could care less. Commissioner Regalado: 1 think that there is -- there are more stricter security measures in County Hall than in here, because in County Hall you have to go through all this -- they even have this X-ray machines that we don't have, and the people go there as an early voting site. I mean, I don't --1 just think that we should offer a service to the people. The State Legislature really limited the scope of early votings, so much so that we could have several in the City of Miami Page 125 Printed on 12/16/2004 City Commission Verbatim Minutes September 23, 2004 City of Miami and we only have two or three, and -- Commissioner Winton: And 1 guess from my view point, if somebody wants to sneak in and figure out a way to shoot me, they're going to get me somewhere else. Mr. Arriola: I'm not talking about shooting. Commissioner Winton: They're not going to have to come here. Mr. Arriola: I'm talking about your privacy. Commissioner Winton: I don't have anything private here. It's all public record. Chairman Sanchez: All right. Listen, it's one day of inconvenience. I'm sure we could be inconvenienced for one day, to allow the people to have a place to come and vote. We'll work with everybody to get this done. Commissioner Winton: Yeah. Chairman Sanchez: 1 know it's going to be an inconvenience. It'll be done. There's a motion and a second on the floor. I guess there's no further discussion on the matter, and the -- it's directing the City Manager to direct the City Clerk to make the staff room available for early voting; is that correct -- Commissioner Regalado: Yes, sir. Chairman Sanchez: -- Commissioner Regalado? Commissioner Regalado: Yes, sir. Chairman Sanchez: That is the motion. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. City of Miami Page 126 Printed on 12/16/2004