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HomeMy WebLinkAboutCC 2004-10-14 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, October 14, 2004 9:00 AM REGULAR 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 Jeffery L. Allen, Commissioner District Five Joe Arriola, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City Commission Verbatim Minutes October 14, 2004 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS Page 3 MV - MAYORAL VETOES Page 4 AM - APPROVING MINUTES Page 4 CA - CONSENT AGENDA Pages 6-9 M - MAYOR'S ITEMS Pages 10-15 D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS Pages 15-18 D4 - DISTRICT 4 ITEMS Pages 18-26 D5 - DISTRICT 5 ITEMS PH - PUBLIC HEARINGS Pages 27-46 EM - EMERGENCY ORDINANCES Pages 47-52 SR - SECOND READING ORDINANCES Pages 53-58 RE - RESOLUTIONS Pages 59-65 BC - BOARDS AND COMMITTEES Pages 66-77 DI - DISCUSSION ITEMS Pages 78-84 City of Miami Page 2 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Vice Chairman Gonzalez, Chairman Sanchez, Commissioner Regalado and Commissioner Allen Absent: Commissioner Winton On the 14th day of October, 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 9:14 a.m. by Chairman Joe Sanchez, recessed at 11: 21a.m., reconvened at 3:03 p.m., recessed at 3:05 p.m. in order to convene the regular board meeting of the Community Redevelopment Agency (CRA), adjourned the CRA meeting at 3:09 p. m., reconvened the regular Commission Meeting at 3:09 p. m., and adjourned at 4:04 p. m. Note for the Record: Commissioner Winton came in at 9:27 a.m. ALSO PRESENT: Joe Arriola, City Manager Jorge L. Fernandez, City Attorney Sylvia Scheider, Assistant City Clerk Note for the Record: Chairman Arthur E. Teele, Jr. was suspended from office by Governor Jeb Bush on Wednesday, September 22, 2004. Jeffery L. Allen was appointed the new Commissioner for District Five on October 1, 2004. PRESENTATIONS AND PROCLAMATIONS DELIVERED Chairman Sanchez: We also have today some proclamations that'll be given out, and then -- PR.1 04-01073 Commissioner Regalado: CRA (Community Redevelopment Agency). CRA. Chairman Sanchez: And CRA also at -- I believe at 3? -- 3 o'clock, so we'll go ahead and start with the awards and proclamations that'll be given out, and then we'll proceed with the consent agenda. Presentations made. CEREMONIAL ITEM Name of Honoree Presenter Protocol Item Mayor Diaz/City of Miami South Florida Management District Ceremonial Check 3.0 Moore Park Divas Women's Tennis Team Claudette Antoine Mayor Diaz/City of Miami Parks and Recreation Certificate Joy L. Brown Mayor Diaz/City of Miami Parks and Recreation Certificate Sylvina David Mayor Diaz/City of Miami Parks and Recreation Certificate Patricia W. Davie Mayor Diaz/City of Miami Parks and Recreation Certificate Richanda Goodman Mayor Diaz/City of Miami Parks and Recreation Certificate Johann Malivert Mayor Diaz/City of Miami Parks and Recreation Certificate T. Patrice Manley Mayor Diaz/City of Miami Parks and Recreation Certificate Laverne Taylor Mayor Diaz/City of Miami Parks and Recreation Certificate Charlayne W. Thompkins Mayor Diaz/City of Miami Parks and Recreation Certificate Kim S. Wallace Mayor Diaz/City of Miami Parks and Recreation Certificate Coach Joel Palmer Mayor Diaz/City of Miami Parks and Recreation Certificate 4.0 Model Cities Champs Men's Tennis Team Richard Dubuisson Mayor Diaz/City of Miami Parks and Recreation Certificate Robert Green Mayor Diaz/City of Miami Parks and Recreation Certificate Roosevelt Johns Mayor Diaz/City of Miami Parks and Recreation Certificate City of Miami Page 3 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Paul J. Johnson John Koopman Marion Lambright Willie B. Marshall Raul Mendez Evans Merisier Jimmy Nickerson Dominic Parker Larry L. Pye Mayor Diaz/City of Miami Parks and Recreation Certificate Mayor Diaz/City of Miami Parks and Recreation Certificate Mayor Diaz/City of Miami Parks and Recreation Certificate Mayor Diaz/City of Miami Parks and Recreation Certificate Mayor Diaz/City of Miami Parks and Recreation Certificate Mayor Diaz/City of Miami Parks and Recreation Certificate Mayor Diaz/City of Miami Parks and Recreation Certificate Mayor Diaz/City of Miami Parks and Recreation Certificate Mayor Diaz/City of Miami Parks and Recreation Certificate Dr. Dan Coble Commissioner Regalado Salute Dr. Miguel Manresa Commissioner Regalado Salute 04-01073-coverpage. pdf 04-01073-protocol. pdf Roll Call: Present: Vice Chairman Gonzalez, Commissioner Winton, Chairman Sanchez, Commissioner Regalado and Commissioner Allen 1. Certificates of appreciation were given to the participants of the Moore Park and Model City Park tennis programs. 2. Commissioner Winton presented proclamation of "Luis Puig Day" to Mr. Puig for his cultural contribution in the revitalization of downtown with Club Space 34. MAYORAL VETOES NO MAYORAL VETOES Chairman Sanchez: Also, at this time, we do not have any veto items from the Mayor. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Commissioner Regalado, seconded by Vice Chairman Gonzalez, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen Chairman Sanchez: We go into the -- there are no Mayoral vetoes, and before we go into the consent agenda, let's -- we need a motion to approve the following meetings, which is the regular meeting of September 9, 204 [sic]. We need to approve the minutes. Commissioner Regalado: Move it. Chairman Sanchez: Is there a motion? Vice Chairman Gonzalez: Second. Chairman Sanchez: There's a motion by Commissioner Regalado, second by Vice Chair Gonza lez. 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 passes unanimously. ORDER OF THE DAY A motion was made by Commissioner Allen, seconded by Commissioner Regalado, and was passed unanimously with Commissioner Winton and Vice Chairman Gonzalez absent, to recess the regular Commission Meeting at 3: 03 p.m. in order to convene the Community Redevelopment Agency (CRA) Board Meeting. City of Miami Page -1 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Note for the Record: The CRA Meeting adjourned at 3:10 p. m. and the City Commission Meeting reconvened immediately thereafter. Chairman Sanchez: Welcome to the City Commission meeting. The meeting is being called to order here at City Hall, at 3500 Pan American Drive, Miami, Florida. If you could please stand and join us -- and join me in a prayer, and then we'll do the pledge of allegiance, and then we'll go into the order of the day. Please bow your heads. Prayer and pledge of allegiance to the flag. Chairman Sanchez: Before we start, there are some things I have to read into the record, and any person who acts as a lobbyist, pursuant to the City of Miami Ordinance Number 11469, must register with the City Clerk prior to engaging in any lobbying activity before the City staff, board and committees of the City of Miami Commission. A copy of said ordinance that will be provided to you by the City Clerk. Also, for the record, any person making slanderous remarks or vociferous comments addressing this Commission will be asked to leave the Commission. We must have order during our legislative process. Any person who seeks to address the City Commission in any -- on any of the items on the consent agenda, whether it's a public hearing or a public discussion, is invited to do so and show at -- as soon as possible, see the City Clerk and register their name to address the Commission. We'll go ahead and -- we have a consent agenda that we have eight items, but before we do that, let me just also state that we have certain -- time certain items. We have at 3 o'clock, CDBG (Community Development Block Grant) items, and we also have two items that have been requested by Commissioner Regalado to be heard at 5 o'clock, and those items will be D4 and -- D4.1 and D4.2. Chairman Sanchez: Ladies and gentlemen, our meeting is called to order. It was scheduled for 3 o'clock. We'll go ahead and start with the time certain items. We have Item PH 6, 7 and 8, which are Community Development, CDBG (Community Development Block Grant) funds. Of course, they start at 3. Do we have a translator available? Sylvia Scheider (Assistant City Clerk): I called to -- or 1 had someone call, and she is supposed to be on her way. Chairman Sanchez: She's supposed to be on her way, so why don't we do something. Why don't we wait -- because we're required by law, and let's go ahead now and maybe motion to -- just a minute. Commissioner Regalado: CRA (Community Redevelopment Agency). Chairman Sanchez: OK. While we wait for the sign language translator, what we'll do is -- we need a motion for -- recess the regular Commission meeting, and then we'll start with the CRA meeting. We'll call that meeting to order, but let's go ahead and have a motion for recess. There's a -- Commissioner Regalado: Second. Commissioner Allen: I'm sorry. 1 make a motion that we recess at this point, Mr. Chairman. Chairman Sanchez: There is a motion by Commissioner Allen, second by Commissioner Regalado. Discussion. Hearing none, all in favor, say "aye. " Anyone in op -- aye. We got to say "aye." Commissioner Allen: I'm sorry. Aye. City of Miami Page 5 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 CA.1 04-01078 The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Hearing none, the motion passes unanimously. OK. We'll go ahead and go into the CRA meeting. Is Commissioner Winton here? Frank Rollason (Executive Director, Community Redevelopment Agency): I know he's got some people in his office, but we could go forward with the -- Chairman Sanchez: Well, at this time -- Mr. Rollason: -- Vice Chair. Chairman Sanchez: -- we'll go forward with the Vice Chairman. CONSENT AGENDA DISCUSSION ITEM ACCEPTING A REPORT FROM THE CIVIL SERVICE BOARD. 04-01078-coverpage.pdf 04-01078-memo.pdf 04-01078-board actions.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen CA.2 04-01079 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "LEAD-SAFE...FOR KIDS' SAKE GRANTS PROGRAM" FOR THE FOLLOWING ACTIVITIES; (1) IDENTIFICATION OF PRE-1978 HOUSING BY GIS MAPPING; (2) HOME VISITATIONS BY VOLUNTEERS TO EDUCATE, VISUALLY INSPECT, SURVEY AND ENCOURAGE SCREENINGS; (3) DEVELOPMENT AND IMPLEMENTATION OF AN EDUCATIONAL OUTREACH PLAN CONDUCTED BY NEIGHBORHOOD ENHANCEMENT TEAMS; AND (4) DISSEMINATION OF VOUCHERS FOR REMEDIATION EFFORTS, CONSISTING OF A GRANT FROM THE UNITED STATES CONFERENCE OF MAYORS/DUPONT IN THE AMOUNT OF $300,000; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT ACCEPTANCE OF SAID GRANT. 04-01079-cover memo.pdf 04-01079-budgetary impact.pdf 04-01079-mayors letter.pdf 04-01079-dupont letter.pdf 04-01079-check. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0679 City of Miami Page 6 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 CA.3 04-01082 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "FEMA/USAR GRANT AWARD, FISCAL YEAR 2004-2006 FUND" AND APPROPRIATING FUNDS, IN THE AMOUNT OF $938,035, CONSISTING OF A GRANT FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY ("FEMA"), TO BE USED BY THE DEPARTMENT OF FIRE -RESCUE TO PROCURE EQUIPMENT, PROVIDE TRAINING, MANAGEMENT, AND ADMINISTRATION OF THE SOUTH FLORIDA URBAN SEARCH AND RESCUE ("USAR") PROGRAM; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 04-01082-cover memo.pdf 04-01082-budgetary impact.pdf 04-01082-fema letters.pdf 04-01082-continuation. pdf 04-01082-agreement articles.pdf WITHDRAWN CA.4 04-01087 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE TRANSFER AND ADDITION OF A PORTION OF THE BICENTENNIAL PARK ACCESS ROAD, TOGETHER WITH ALL PUBLIC RIGHT-OF-WAY ADJACENT THERETO, AS DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, TO THE JURISDICTIONAL RESPONSIBILITY OF THE STATE OF FLORIDA HIGHWAY SYSTEM IN CONFORMANCE WITH SECTION 337.29, FLORIDA STATUTES; AUTHORIZING THE FLORIDA DEPARTMENT OF TRANSPORTATION TO RECORD A RIGHT-OF-WAY MAP OF THE SUBJECT ROAD IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 04-01087-covermemo. pdf 04-01087-budgetary impact.pdf 04-01087-sketch. pdf 04-01087-exh ibitA. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0680 CA.5 04-01088 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FLORIDA INTERNATIONAL UNIVERSITY TO PROVIDE TECHNICAL SUPPORT TO LEADERSHIP GROUPS IN THE COMMUNITY OF City of Miami Page 7 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 OVERTOWN FOR TRANSPORTATION -RELATED PROJECTS, THROUGH JUNE 31, 2006, IN AN AMOUNT NOT TO EXCEED $57,000; ALLOCATING FUNDS FROM THE NEW SPECIAL REVENUE FUND ENTITLED: " OVERTOWN TECHNICAL SUPPORT FUND," APPROVED BY RESOLUTION NO. 04-0565, ADOPTED SEPTEMBER 9, 2004, CONSISTING OF A GRANT FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION. 04-01088-cover memo.pdf 04-01088-budgetary impact.pdf 04-01088-textfile report.pdf 04-01088-master report.pdf 04-01088-ag reement. pdf 04-01088-project description.pdf 04-01088-estimated annual project cost.pdf 04-01088-general.pdf 04-01088-exhibit PSA.pdf 04-01088-exh ibit2. pdf 04-01088-exh ibit4. pdf 04-01088-Substitute-Exhibit 3.pdf DEFERRED CA. 5 was deferred to October 28, 2004. CA.6 04-01089 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PURCHASE OF A TYPE "C" WHEELCHAIR ACCESSIBLE BUS, FROM RIVERS BUS SALES, INC., FOR THE DEPARTMENT OF PARKS AND RECREATION, UTILIZING EXISTING STATE OF FLORIDA DEPARTMENT OF EDUCATION CONTRACT NO. 2004-19, EFFECTIVE THROUGH MARCH 31, 2005, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA DEPARTMENT OF EDUCATION, FOR A TOTAL AMOUNT NOT TO EXCEED $70,108; ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED $42,721.96, FROM THE PARKS AND RECREATION HANDICAP DIVISION ACCOUNT NO. 110032.580325.6. 840, AND AN AMOUNT NOT TO EXCEED $27,386.04, FROM THE PROGRAM FOR PERSONS WITH DISABILITIES ADA ACCOUNT NO. 110112.580078.6.840. 04-01089-covermemo. pdf 04-01089-budgetary impact.pdf 04-01089-pre resolution1.pdf 04-01089-pre resolution2.pdf 04-01089-Dept of Ed memo.pdf 04-01089-description.pdf 04-01089-invitaion to bid.pdf 04-01089-attachments-invitation to bid.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0681 CA.7 04-01104 RESOLUTION City of Miami Page 8 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 ), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND TERREMARK AT DINNER KEY, INC., TO PROVIDE RESTAURANT AND CONCESSION SERVICES AT THE COCONUT GROVE CONVENTION CENTER; AND APPROVING AN EXTENSION TO THE ORIGINAL AGREEMENT ENTERED INTO ON SEPTEMBER 25, 1979, ON A MONTH -TO -MONTH BASIS, FOR A TERM NOT TO BE EXTENDED BEYOND SEPTEMBER 30, 2005. 04-01104-cover memo.pdf 04-01104-pre resolution.pdf 04-01104-amendment#2. pdf 04-01104-pictu re. pdf 04-01104-ag reement. pdf 04-01104-pre resolution2.pdf 04-01104-exh ibit. pdf WITHDRAWN CA.8 04-01094 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE CITY MANAGER TO EXECUTE A SUBMERGED LAND LEASE RENEWAL, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA (" STATE"), TO PROVIDE, FOR A TERM OF FIVE (5) YEARS, FOR THE CITY'S CONTINUED USE OF SUBMERGED LANDS OWNED BY THE STATE ADJACENT TO THE UPLAND PROPERTY OWNED BY THE CITY LOCATED AT 60 SOUTHEAST 4TH STREET, MIAMI, FLORIDA, C/K/A FORT DALLAS PARK , WITH SAID LEASE TO BE WITH NO RENT AS LONG AS THE SLIPS ARE USED FOR TEMPORARY DOCKAGE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE FUTURE EXTENSIONS TO THE TERM OF THE LEASE AS APPROVED BY THE STATE. 04-01094-covermemo. pdf 04-01094-exh ibitl .pdf 04-01094-pictu res. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0682 Adopted the Consent Agenda City of Miami Page 9 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Motion by Commissioner Winton, seconded by Commissioner Allen, including all the preceding items marked as having been adopted on the Consent Agenda. Vice Chairman Gonzalez: Mr. Chairman, I'm ready to move the consent agenda. Chairman Sanchez: OK. Before we do that, are there any items that want to be pulled for discussion or by the administration from the consent agenda, then we're moving to the general agenda. This is just on the consent agenda. Are there any items wishing to be -- yes, sir, Mr. City Manager. Joe Arriola (City Manager): CA.3, we want to withdraw. Commissioner Gonzalez: CA.3. Chairman Sanchez: OK, CA.3, for the record, has been withdraw. Mr. Arriola: CA.5, we want to defer it to the October 28th meeting. Chairman Sanchez: CA.5 has been deferred until the October 28th meeting? Mr. Arriola: Yes, sir. Chairman Sanchez: Yes, sir. OK. Mr. Arriola: CA.7-- Vice Chairman Gonzalez: October 28th, right? Mr. Arriola: -- we want to withdraw. Vice Chairman Gonzalez: The meeting is October 28th, isn't it? Mr. Arriola: 28th, right? Yeah, but CA.7 to withdraw. Chairman Sanchez: CA.7 withdrawn. OK. Mr. Arriola: That's it on the consent agenda. Chairman Sanchez: Is that it? Mr. Arriola: Yes, sir. Chairman Sanchez: OK. Any of the Commissioner wishing to discuss any of the consent agendas? Commissioner Allen: Nope. Chairman Sanchez: Hearing none, need a motion on the consent agenda. Commissioner Winton: So moved. Commissioner Allen: I -- so moved. Chairman Sanchez: There is a motion by Commissioner Winton and there is a second by Commissioner Allen. 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 passes unanimously. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen City of Miami Page 10 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Vice Chairman Gonzalez: Mr. Chairman, I'm ready to move the consent agenda. Chairman Sanchez: OK. Before we do that, are there any items that want to be pulled for discussion or by the administration from the consent agenda, then we're moving to the general agenda. This is just on the consent agenda. Are there any items wishing to be -- yes, sir, Mr. City Manager. Joe Arriola (City Manager): CA.3, we want to withdraw. Commissioner Gonzalez: CA.3. Chairman Sanchez: OK, CA.3, for the record, has been withdraw. Mr. Arriola: CA.5, we want to defer it to the October 28th meeting. Chairman Sanchez: CA.5 has been deferred until the October 28th meeting? Mr. Arriola: Yes, sir. Chairman Sanchez: Yes, sir. OK. Mr. Arriola: CA. 7-- Vice Chairman Gonzalez: October 28th, right? Mr. Arriola: -- we want to withdraw. Vice Chairman Gonzalez: The meeting is October 28th, isn't it? Mr. Arriola: 28th, right? Yeah, but CA.7 to withdraw. Chairman Sanchez: CA. 7 withdrawn. OK. Mr. Arriola: That's it on the consent agenda. Chairman Sanchez: Is that it? Mr. Arriola: Yes, sir. Chairman Sanchez: OK. Any of the Commissioner wishing to discuss any of the consent agendas? Commissioner Allen: Nope. Chairman Sanchez: Hearing none, need a motion on the consent agenda. Commissioner Winton: So moved. Commissioner Allen: I -- so moved Chairman Sanchez: There is a motion by Commissioner Winton and there is a second by Commissioner Allen. It is open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 11 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Chairman Sanchez: Anyone in opposition, having the same right, say "nay" Motion passes unanimously. END OF CONSENT AGENDA City of Miami Page 12 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ M.1 04-01162 DISCUSSION ITEM APPROVAL OF THE INTERLOCAL COOPERATION AGREEMENT BETWEEN MIAMI-DADE COUNTY, THE CITY OF MIAMI AND THE MIAMI SPORTS AND EXHIBITION AUTHORITY. WITHDRAWN Chairman Sanchez: Wasn't MI -- Joe Arriola (City Manager): Let me see. Let me go back. Yes. I'm sorry. That's from the Mayor's pages, though. 1 can't withdraw that, but -- Chairman Sanchez: Well -- Mr. Arriola: -- MI is being withdrawn. Chairman Sanchez: Well, somebody from the City -- from the Mayor's staff needs to step forth and ask to be withdrawn. Is there anybody here from the Mayor's staff? Mr. Arriola: Yeah, you could do it. Chairman Sanchez: Sir, we need to state on the record that you want to withdraw that item. Brian Clarke (Senior Advisor, Mayor's Office): Yeah. We'd like to withdraw the Mayor's -- Commissioner Winton: Name and address. Mr. Clarke: -- first item. Mr. Arriola: Name and address. Mr. Clarke: Oh, Brian Clarke, Senior Advisor, Policy Legislation. Chairman Sanchez: OK, so MI has been withdrawn? Mr. Clarke: Correct. Chairman Sanchez: To a further -- do you have any date that it's coming back or pending? Mr. Clarke: As of right now, no. Chairman Sanchez: OK. Vice Chairman Gonzalez: Which one is that? Chairman Sanchez: MI. Mr. Clarke: MI. City of Miami Page 13 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Commissioner Allen: MI. Chairman Sanchez: Ml. Any other item? 1 would like to -- well, first of all, any Commissioner want to withdraw any of the items from the con -- from the regular agenda? Hearing none, I would like to -- 3:00 P.M. M.2 04-01095 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE TRANSFER OF FUNDS FROM THE MAYOR'S POVERTY INITIATIVE FUND IN THE AMOUNT OF $400,000; ALLOCATING SAID FUNDS TO THE DEPARTMENT OF COMMUNITY DEVELOPMENT TO IMPLEMENT AN INDIVIDUAL DEVELOPMENT ACCOUNT PROGRAM TO BE ADMINISTERED BY MICRO -BUSINESS USA, WHICH IS TO BE EQUALLY MATCHED BY BOTH PARTICIPANT AND FEDERAL FUNDS AND PLACED IN A MATCH SAVINGS ACCOUNT. 04-01095-cover memo.pdf 04-01095-public notice.pdf 04-01095-exh i b it. pdf Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0687 Note for the Record: A sign language interpreter was signing for Item M.2. Chairman Sanchez: OK. Any other items? If not, we'll go ahead and start with Item Number 1, which is M2. M2 is a resolution. Anyone from the Administration on this item? Vice Chairman Gonzalez: I'll move M2. Chairman Sanchez: OK. There is a motion for M2. Commissioner Winton: Second. Chairman Sanchez: Is there a second? Commissioner Regalado: Why does it say 3 p. m. ? Chairman Sanchez: It's -- Commissioner Winton: Oh. Brian Clarke (Senior Advisor, Policy Legislation): That's actually a time certain for 3 o'clock. Commissioner Regalado: That's a CDBG (Community Development Block Grant). Vice Chairman Gonzalez: That's time certain. Chairman Sanchez: Oh, that's CDBG? City of Miami Page 14 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Commissioner Allen: Right. Mr. Clarke: Yes, sir. Chairman Sanchez: Oh, I apologize. Commissioner Allen: This is M2. Chairman Sanchez: OK. Commissioner Allen: Right. It's for a -- Commissioner Regalado: MI is the one that has no time certain. Commissioner Winton: It's withdrawn. Chairman Sanchez: Yeah, but M1 has been withdrawn, so -- Commissioner Regalado: Oh, OK. Chairman Sanchez: -- we'll move to -- OK, hold on. Let's get -- OK. Sylvia Scheider (Assistant City Clerk): Mr. Chairman. Excuse me. We have M2. It's a CDBG ( Community Development Block Grant) from the Mayor's section. Commissioner Allen: Oh, that's correct. Ms. Scheider: At 3 o'clock. Chairman Sanchez: I thought we passed that. Oh, I'm sorry. OK. Well, it's always a pleasure to have the Mayor down here. Mayor, always good to see you. Commissioner Winton: I move no. Mayor Manuel A. Diaz: OK. Is there a second? Thank you, Mr. Chairman. This will be real quick. As you remember, a couple of years ago, all of us gladly approved a budget item where we created a special fund for something that we referred to as the Mayor's Poverty Initiative. Since that time, we have used a lot of that money for our earned income tax credit campaign, our child tax credit campaign. Many of our initiatives with small business, with Accion, with the SBA (Small Business Association). 1 think the results have been very, very good up 'til now, as you've been briefed and in the past. This is another phase of the overall antipoverty campaign. This is something that, if you remember, I described to you back when something called Individual Development Account Program. This is something that is being used around the country. It is very popular. It encourages people to accumulate and to save. As you know, one of the most difficult aspects in terms of homeownership is the ability to accumulate to save, to create a pot from which a down payment becomes possible. Through this program that we are working -- in this case, through Micro -Business USA, there's a 2/1 match. In other words, if the participant puts $1, 000 into a segregated, specialized savings account, we match it with the same dollar, and it is also matched by a dollar from the federal government, so it creates the ability to build up a nest egg which individuals can use for homeownership. Ninety percent of this program is going to be used for homeownership; five percent for small business and five percent for post -secondary education, which are the only uses that are allowed under these types of accounts. It's going to be administered by Citibank, as 1 said, run through Micro -Business USA. It's $400,000. City of Miami Page 15 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Chairman Sanchez: OK. Any questions from the Commission on it? Mayor, I have a question, although I'm very supportive. It's my understanding, only 100 families are going to be benefited from this. Mayor Diaz: Yes. We believe we can -- with that kind of money, we believe we can reach 100 families. Chairman Sanchez: And how are we going to -- how is Micro -Business USA going to reach out to all the people that we have in our community that are, financially, just scraping by, to get them to come on board and, you know, try to put some money into this and participate? What type of aggressive -- Mayor Diaz: Well, we have a -- Chairman Sanchez: 1 guess you're going to answer that for me, right? Mayor Diaz: -- representative here from Micro -Business. 1 will -- let me -- before -- I will say that one of the things that -- something that is developing from all these programs that we're doing is, I think we are developing a database of individuals through our housing programs that CD (Community Development) runs in the many dierent areas, through your Little Havana Homeownership Initiative. Through the list that we've been able to accumulate -- because, remember, with the Earned Income Tax Credit Campaign, we are making it possible for many of our residents to get two grand, three grand, even four grand every year in refunds from the federal government, so we're keeping that based, and what we want to try to do is to tie all these in together, so that we identify these individuals and bring them into homeownership, which is the ultimate goal. Chairman Sanchez: Oh, absolutely. Ma'am, would you like to state something for the record? And, also, could you answer the question as to how you're going to be reaching out into the community -- Militoria Fordham: Yes. My name is -- Chairman Sanchez: -- and getting people -- Ms. Fordham: -- Militoria Fordham. I'm the Executive Director for Micro -Business USA. We also have established collaborative partners, Community Action Agency, Neighborhood Housing, Human Service Coalition, Legal Services, so we work with all these organizations generating clients from this particular organization. Micro -Business has been in this business for 11 years. We have over 6,000 members. Over half of those members are also in the low- income community, so through referrals in other organizations is how we're reaching out. We would like to do a national campaign with advertising, starting the first of the year, to attract more people. Commissioner Allen: Mr. Chairman. Chairman Sanchez: And it will be citywide? Ms. Fordham: Pardon me? Chairman Sanchez: It'll be citywide? Ms. Fordham: Citywide. We have money from OCED (Office of Community and Economic Development) countywide, so it would be citywide. City of Miami Page 16 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Commissioner Allen: Yeah, Mr. Chairman, if you will. Chairman Sanchez: Yes, Commissioner Allen, and then, 1 believe, Commissioner Regalado. Commissioner Allen: Well, first of all, I just wanted to the Mayor I think it's a pretty neat initiative on your behalf to bring individuals into the economic mainstream, but 1 note here at the end, madam, that of course, there are approximately 100 families. Have these families been already pre -selected, or if they have not been pre -selected, can 1 get some assurance that some of these families will, in fact, be in the District 5 community? Ms. Fordham: It's open to all districts. What we do, we have information session; have them come in and we qualms them. Right now, we have 126 participants in the program. We've had one young lady, but it's in North Miami, that's already purchased a home. Commissioner Allen: Good. Mr. Fordham: In a couple of months, I will be able to supply you, by district, by participation of those clients. We're in the process of setting our database up, so you will see how many people from each of your districts are receiving our services. Commissioner Allen: Great. Thank you. Commissioner Regalado: One question: You do also offer grants to for profit business, right? Ms. Fordham: No, we don't. Commissioner Regalado: No. Because the Mayor said -- Ms. Fordham: We only work -- Commissioner Regalado: -- five percent has gone to business. Ms. Fordham: Right, but those are people that are for profit business, yes, but right now, OCD ( Office of Community Development) is sort of reneging on the funding. They don't want us to offer business money anymore. They want it to go for housing, so we're in a discussion with them, so we had been using the County's money for businesses, but we had a discussion the other day where they're contemplating if we should go forward with that. Commissioner Regalado: But you have doing -- you have been doing that? Ms. Fordham: Yes, we have. We have been. In fact, we have 40 people that's in the program that's saving to expand their business at this particular time. Commissioner Regalado: And do we know if these people are in the City of Miami, or -- Ms. Fordham: Some are in the City, some are in the County. I can give an update report. It's going to take me a couple of months because, based on the funding that we received, we were only tracking it for OCED at that particular time. We were waiting for the yes to go ahead with the City because we have to add additional staff and additional fields into our database. I should have that answer for you in about six to eight weeks. Commissioner Regalado: Right. You said you had 126 participants. The Mayor says that with this money, you'll be able to serve 100. City of Miami Page 17 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Ms. Fordham: Additional 100. Commissioner Regalado: An additional 100. The criteria for selection, how does it work? Ms. Fordham: They have to have proof of income and proof of acceptability. We require a tax return -- Commissioner Regalado: Yeah, but how can they reach you? Ms. Fordham: How can they reach me? We have flyers that we hand out. At one time, we were on Hot 105. We do PSEs (Public Service Events) in the Herald, community newspapers. 1 speak at schools, churches, social events. Every time there's a function, I'm out there giving out flyers, so we're really open. We work with the people in the Overtown, Kirby McKnight, trying to reach the people in the Overtown area, so we have collaborative partners that we work through. Community Action Agency is a big sponsor for us, handing out our flyers and giving out information to those people. Commissioner Regalado: How do you reach the Hispanic community? Ms. Fordham: Well, right now, we're also working with World Relief We do have the program -- we've had 27 people from the World Relief that is coming to the program, so that's going to move forward. We will offer the program in another four weeks in Spanish. It was a problem of hiring a new person to do the Spanish financial literacy, because we -- they have to take the financial literacy as part of the training in order to access the money, so that will be starting either the latter part of December, or the beginning of January at our office, but World Relief does the Hispanic portion right now. Commissioner Regalado: So we don't know how many Hispanics you will be -- Ms. Fordham: We do -- we have Hispanics there, but most of them are bilingual, so that's not a problem. The ones that -- the 27 at World Relief are the ones that only speak Spanish, so we've worked out an arrangement that if someone comes through the program and they need the Spanish only, we will refer them to World Relief in addition to the clients that come through World Relief. Chairman Sanchez: All right. Any further questions? Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Ms. Scheider: I'm sorry, Mr. Chairman. Chairman Sanchez: Thank you. Congratulations. Ms. Scheider: I need a mover and a seconder on that. Chairman Sanchez: Oh, they -- there was -- Commissioner Winton: I'll move it. Chairman Sanchez: There was a motion made and a second. Commissioner Winton: 1 don't think we did a motion. City of Miami Page 18 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Chairman Sanchez: There was a motion made by Commissioner Winton and, I believe, Commissioner Allen second Commissioner Allen: Second, yes. Commissioner Winton: My original motion was null. Chairman Sanchez: Yeah. Well, that's -- that has been scratched off the record. DISTRICT 1 VICE CHAIRMAN ANGEL GONZALEZ DISTRICT 2 COMMISSIONER JOHNNY L. WINTON DISTRICT 3 CHAIRMAN JOE SANCHEZ D3.1 04-01083 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE OFFICE OF THE AUDITOR GENERAL TO CONDUCT A COMPLETE REVIEW, AUDIT, AND INVESTIGATION OF THE CLAIM MADE BY THE WYNDHAM GRAND BAY ("HOTEL"), LOCATED AT 2669 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, THAT THE HOTEL OVERPAID ITS PUBLIC SERVICE TAX TO THE CITY OF MIAMI, IN THE ESTIMATED AMOUNT OF $36,388.54; AUTHORIZING THE CITY MANAGER TO HIRE AN OUTSIDE FIRM TO CONDUCT SAID AUDIT IF NECESSARY, SHOULD THE OFFICE OF THE AUDITOR GENERAL NOT HAVE THE RESOURCES; DIRECTING THE OFFICE OF THE AUDITOR GENERAL OR THE OUTSIDE FIRM TO PRESENT A REPORT OF ITS FINDINGS TO THE CITY COMMISSION WITHIN 90 DAYS. WITHDRAWN Chairman Sanchez: D3.1, 1 would ask that it be withdrawn, and that was based on after consulting with the Legal Department, 1 think it's better that that be done administratively because we feel that if we do it the other way, it might open up the door for anybody else who thinks that overpaid or anything will be asking the City to do an audit and, therefore, you know, it'll be coming out of our pockets, so therefore, we ask that the item be withdrawn. Commissioner Allen: Great. Commissioner Regalado: D -- Chairman Sanchez: D3. I -- Commissioner Winton: D3. I. Commissioner Regalado: OK. City of Miami Page 19 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Chairman Sanchez: -- which was one of my items. Commissioner Regalado: OK. Chairman Sanchez: OK. Any other -- D3.2 04-01160 DISCUSSION ITEM DISCUSSION CONCERNING A MOTION TO RECONSIDER ITEMS PZ 26 AND PZ 27 FROM THE SEPTEMBER 27, 2004 MEETING AND DIRECTING THE EXECUTIVE SECRETARY OF HEARING BOARDS, THE DIRECTOR OF PLANNING AND ZONING AND ANY OTHER APPROPRIATE MEMBERS OF THE ADMINISTRATION TO RE -ADVERTISE AND RE-EXAMINE THESE ITEMS FOR A FUTURE PLANNING AND ZONING AGENDA. MOTION A motion was made by Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, to reconsider the following Planning and Zoning Items from the September 27, 2004 agenda: Items PZ26 and PZ 27, which items were denied on first reading, related to zoning change at approximately 2143 and 2161 S. W. 6 Street and 2161 S. W. 5 Street; and Items PZ.20 and PZ21, which items denied permission to allow a bar and to waive ten (10) of the required fifteen (15) parking spaces, four (4) spaces provided, for the property located at approximately 1252 Southwest 22nd Street; further directing the Executive Secretary of Hearing Boards, the Director of Planning and Zoning and any other appropriate members of the Administration to re -advertise and re-examine these items for a future planning and zoning agenda. Vice Chairman Gonzalez: Mr. Chairman, you're recognized Chairman Sanchez: Yes. I have an item for -- a discussion item on D3.2, which is a motion to reconsider items that were on the last PZ (Planning & Zoning) Commission meeting. It was PZ. 26, PZ.27 from -- and I believe it was September the 27th when we had the meeting. Also, PZ 20 and 21, I would like to make a motion to reconsider, and all this basically does is that it opens the door to a rehearing down the road, once it has been properly readvertised, and it'll be placed on the PZ agenda and be brought back, with the proper application, and with any modification that has been made on those items and, you know, of course, it will be evaluated by the PZ Department to come back, so those items -- PZ.26, PZ 27, PZ20 and 21 -- under -- Commissioner Winton: What's PZ.21 ? Is that tied to PZ.26 and 27? Commissioner Regalado: No. That's different -- Chairman Sanchez: No. Commissioner Winton: Oh, they're separate? Chairman Sanchez: Yes. Commissioner Allen: Mr. Chairman. Commissioner Winton: Oh. Vice Chairman Gonzalez: That's a different issue. City of Miami Page 20 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Chairman Sanchez: They're two separate -- Vice Chairman Gonzalez: Yes, sir. Commissioner Allen: Did you say PZ Item 20 and 21? Chairman Sanchez: Yes, sir. Unidentified Speaker: I'll show you -- Vice Chairman Gonzalez: 20 and 21. Chairman Sanchez: They're not there, but they're being added. Commissioner Allen: Right. Chairman Sanchez: They're being added. Commissioner Allen: They're being added. Chairman Sanchez: 1 just want to bring them back for a motion for reconsider. Commissioner Allen: Yes. Chairman Sanchez: And basically, what it does here is, just we needed a motion, and basically the discussion should be limited solely on -- only to -- pertaining to the Mason's Rule -- only to a motion for reconsider. We can't discuss anything. It just brings it back to this Commission, so that is my motion, to bring -- Commissioner Winton: Oh, it gives him the opportunity to come back. Commissioner Regalado: Second. Vice Chairman Gonzalez: All right. Chairman Sanchez: -- this item back. Vice Chairman Gonzalez: We have a motion. Commissioner Regalado: Second. Commissioner Allen: Second. Vice Chairman Gonzalez: And we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez: All opposed have the same -- OK. Motion carries. DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 04-01103 DISCUSSION ITEM DISCUSSION CONCERNING AN UPDATE FROM THE LAW City of Miami Page 2/ Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 DEPARTMENT REGARDING THE INJUNCTION AGAINST THE ALF LOCATED AT 2381 SOUTHWEST 21 TERRACE. 04-01103- cover memo.pdf DISCUSSED Chairman Sanchez: OK. Commissioner Regalado. Commissioner Regalado: Yes, Mr. Chairman. Chairman Sanchez: Yes. You're recognized, sir. Commissioner Regalado: This -- these are two items that are of great interest for the residents of Shenandoah, and it has to do with the Law Department update regarding the Adult Living Facilities in the Shenandoah area owned by Family Boarding Home. The other item is D4.1, a discussing concerning an update from the Law Department regarding the injunction against the Adult Living Facility located at 2381 Southwest 21st Terrace, and some residents wanted to come here but I am not going to keep the City Commission, but I'm sure that they will be watching, and we will get minutes to them so we can expedite the session. The concern of the residents in the surrounding areas of the Adult Living Facility turned halfway house is that there is -- has been -- since the court injunction, there has been only one inspection, and it was -- everything was found according in compliance. However, the neighbors does not see it that way, and we're hoping for a more aggressive inspection program. Actually, 1 concur with the neighbors because I live one block away from this house, so I just want to understand, from the City Attorney, what is the situation at that facility. Jorge L. Fernandez (City Attorney): Yes, sir. Mr. Chairman, Commissioners, I'll try my best. The situation at 2381 Southwest 21 st Terrace is that we prosecuted this property both through Code Enforcement and we also took it to circuit court. This is the most aggressive posture that we could take in enforcing our Codes, and we generally prevailed at both. At the Code Enforcement process, we obtained the relief we were looking for. The Special Master found the property owner guilty and ordered compliance in the following areas: reduction of residents to a total of six, and also gave them 15 days to apply for a permit for the work completed without permits. The attorney representing the property owner requested additional time to finalize the permits for the work completed, and they are in the process of achieving that. Complete compliance, according to the Special Master, who granted the extension, is through October 31 st, so in another two weeks, they are supposed to have met all of the conditions imposed by the hearing officer. In circuit court, likewise, we got an injunction filed against them, and we were successful, and now the property owner is under compunction of law. If the property owner does not comply with what the hearing officer has ordered, as well as what the judge has ordered, we can go back and request sanctions, and sanctions range all the way from time in jail to actual monetary fines, but we have gone beyond that. We have communicated personally, via certified mail, return receipt requested, with the attorney representing the property owner, and we have explained to the attorney that we believe it is his responsibility to get his clients to comply with the judge's order, putting the onus and the burden on the attorney. We have gone further. We have written a certified letter, return receipt requested, to the state agency that regulates this business, and the state agency has responded to us, as recent as this past week, telling us that they have started an investigation, and that they would get on top of that, and so we have -- from a legal perspective, we are on it on a timely basis. We cannot control -- and we vigorously object every time a request is made for an extension of time because we understand that that is oftentimes abused, but still, when granted, we need to respect the decision of the hearing officer. We have scheduled to be in front of the judge in mid -November so that if absolutely everything that was granted to us in the injunction is not complied with, we can ask for sanctions, so from a legal perspective, we're doing everything as aggressively as we possibly can on this one property City of Miami Page 22 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Commissioner Regalado: Thank you very much. We have a -- residents that just came up of the ALF (Adult Living Facility) turned halfway house. Do you have anything to add? I was -- yeah. You have to go to the podium. Thank you very much, Mr. Chairman. Enrique Cueto (as translated by official Spanish interpreter Ondina Suarez): My name is Enrique Cueto. My address is 2132 -- 2121 -- sorry for that -- Southwest 24th Street. We've been living at this residence for nine years. We believe to have finally managed to have the American dream, but in the last two years, in fact, it has become a nightmare. With the only authority of Tallahassee -- Commissioner Winton: Give him the other microphone. There you go. Mr. Cueto: -- the immediate house to our -- near us has become first a home for the elderly and now, in the last two years, it has become a rehab center for drug addicts and -- Commissioner Regalado: Two years. In the last two years. Mr. Cueto: Yes, in the last two years, it has become -- without counting with the OK or the will of the neighbors in mind Even though I know that through the City, through Mr. Regalado, Commissioner Regalado, who is the one that belongs to that district, he is doing everything that is possible, but it's just not enough. It's not only now a rehab center and -- but in the Shenandoah area alone, there's 19 of them, and it keeps growing, and there is a lot of investors interested. They are, therefore, destroying our neighborhood This has been taken before the judges. Measures have been taken. There were limits placed on them, but it's just not enough. I believe in the last four months, only one inspection was done, and it has not been done as the judge had ordered, but they're in the midst of doing all of the proper procedures. However, in the meantime, the situation continues. 1 believe it's going to be necessary if the City no longer has any control over the city, because everything is through the permission from Tallahassee and it's selectively done within those authorities. That's all. Thank you. Ana Maria Cueto (as translated by official Spanish interpreter): May I speak, though? My name is Ana Maria Cueto. Ana Maria Cueto. I am the wife to Enrique. Since these people have had this business next door to my house, all of the neighbors were living in a state of terror, so all of you put yourselves in my position, to see these three men, huge, strong urinating on my street, and to see who could urinate closer to my home. I'm out on the terrace of my house, and 1 start hearing this noise. 1 thought it was cats, and it was men. How would you all feel? Desperate. We moved into that neighborhood trying to improve it. We've put down trees and those of you who know where we live could tell you that the neighborhood has improved quite a bit. The neighbors have, therefore, imitated us. The important is to make better the neighborhoods instead of -- but then, if you put them next door to us, what could we have? I am the first who believes that I will be moving if this continues there. The last few years of my life, I'm not going to spend them carrying on my waist a revolver, I mean. I need to be able to live in my home carrying a revolver. Gentlemen, these are people that were convicts and drug addicts, so we hope that you will do whatever you are able to, and thank you very much. Chairman Sanchez: Thank you. Commissioner Regalado. Commissioner Regalado: Yes, Mr. Chairman. On the issue, we are -- I guess that the City Attorney said the steps that the City is taking, and 1 want to thank the City Attorney's Office for moving aggressively on this item. The other item are -- Chairman Sanchez: But before -- Commissioner Winton: Wait, wait, wait. City of Miami Page 23 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Chairman Sanchez: -- before you go on -- Commissioner Winton: Are we done with -- you're moving to another item? Chairman Sanchez: Yeah. Commissioner Regalado: Yeah. Commissioner Winton: Because I want to throw my two cents in here, if you don't mind. Chairman Sanchez: Commissioner Winton. Commissioner Winton: Because I'm not sure 1 understood everything that the City Attorney said. It seemed to me that he was focused on one particular facility, not all of them. Commissioner Regalado: Right, right, and this is why there are two items, because this is one that was an ALF and turned into a halfway house. Commissioner Winton: Oh, OK. Commissioner Regalado: This is one case. Commissioner Winton: And that -- oh, that's one of your line items. Commissioner Regalado: This is their home. Commissioner Winton: OK, Commissioner Regalado: Right, next to their home, so the -- Commissioner Winton: And the next item -- Commissioner Regalado: -- other one, the next one -- Commissioner Winton: -- is the global picture? Commissioner Regalado: -- the global picture. Commissioner Winton: Oh, OK. That's what I -- OK. D4.2 04-01161 DISCUSSION ITEM DISCUSSION CONCERNING AN UPDATE FROM THE LAW DEPARTMENT REGARDING THE ADULT LIVING FACILITIES IN THE SHENANDOAH AREA OWNED BY FAMILY BOARDING HOME, INC. 04-01161-cover memo.pdf 04-01161-memo. pdf DISCUSSED Direction to the City Attorney by Chairman Sanchez to provide a report of all steps which have been taken to address problems in the City created by inordinate number of adult living facilities Chairman Sanchez: All right. Any other items from the Commissioners? Oh, yes. Commissioner Regalado, you have time certain, the remaining two, is that correct? City of Miami Page 24 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Commissioner Regalado: As -- I mean, we told the people of Shenandoah to be here between 4 and 5, so --1 mean, we can -- if we finish whatever early, we can do this last, Mr. Chairman. Chairman Sanchez: OK. Because to be very honest with you, we're going to get through this agenda very, very quickly. Commissioner Regalado: Right, and this is the last item. If we can do it last -- I mean, the people -- some people are going to be here. We'll call some people to be here earlier than 4 o'clock, so -- I mean, it will be no problem. Chairman Sanchez: OK, so time certain -- Commissioner Regalado: 4. Chairman Sanchez: -- at 3 o'clock, we have the CDBG (Community Development Block Grant), and of course, the CRA (Community Redevelopment Agency) meeting. Commissioner Regalado: The next one is the Family Boarding Home. What happened is that some people decided to buy into six facilities, one next to another one in the Shenandoah area, and the City, with all the businesses, believed that when you change ownership, you have to go through the whole process. Now, these six houses are in violation of the Zoning Code of the City, since the Zoning Code said ALF (Adult Living Facility) must be 1,500 apart. These are next to each other in one area, and these are six houses that are operated. Now, the problem that the residents have is that every -- the Code Enforcement Board and the Code Enforcement -- the Special Master told them, you have to get this permit, you have to get that permit; you're in violation of that, and every time -- and you need to have a special class whatever permit, and this will trigger a public hearing. This has been going on for eight months, more or less, because they go to the Zoning -- the Hearing Board, bring one paper, "Oh, you forgot another paper. You got 30 days. You forgot another paper. You got 30 days. You forgot another paper. You got 30 days," and the residents are -- the residents think that the City is playing them, and that's the story on this second item. Commissioner Winton: Well -- and again, I'm guess I'm kind of pitching in here on the global, not just the specifics. 1 really do believe that we have a crisis going on, particularly in Shenandoah, but it's a crisis that could easily spread elsewhere and, frankly, Mr. City Attorney, 1 don't think we have the knowledge resource available to the City to help guide our staff, the Code Enforcement Board, any of these boards -- nobody knows the law. I don't think we have -- and I'll guarantee you that on these boards we've got, people don't know the law, and so they're relying on somebody to give some translation, and we've been in the middle of this battle, as Commissioner Regalado said, in Shenandoah alone, it's been over eight months. 1 mean, this battle's been going on probably for two years now -- Commissioner Regalado: Three years. Commissioner Winton: -- or three years, and we're not making any progress, and so, I don't pretend to be an expert on the law. The only thing I know about the law is what I've read in the newspaper, and what I've read in the newspaper always talks about how far away these things have to be from each other, and you can only have a certain number in a certain range, and none of those seem to be applying in the City of Miami, but they're all still there and we're getting more, so something in our system is broken very badly, and 1 think to win the war, it has to start with our Law Department because that's where the real expertise is that reads the fine points of everything and provides the appropriate guidance to all City staff and empowers them to do the kinds of things that we're allowed to do to not only put a stop to the proliferation, but to dismantle a bunch of them that are flat illegal, and so 1 would ask that -- maybe there is someone on your staff who's an absolute expert in the law in regards to these things, but if there isn't, then City of Miami Page 25 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 I would support you being able to hire outside counsel that is expert in this arena so that we can get a real handle on this issue and begin to attack it with all of our resources, and truly solve the problem, not allow it to continue to fester for the next three years, four years or five years. Jorge L. Fernandez (City Attorney): Mr. Chairman, Commissioners -- Chairman Sanchez: Well, before you do that, let me just -- I think we agree on one thing here, and that is that an ALF in violation is both detrimental to its neighbors and inhumane to those that are residents. My mike is off. Sorry about that. From what you stated, Mr. City Attorney, 1 think that we have been most successful by applying the land use laws, correct? Mr. Fernandez: Yes. Chairman Sanchez: Or, in other words, going after them for that. Now, we all understand -- and I think it's important that -- the AHCA (Agency for Health Care Administration) is the regulatory body in Tallahassee that oversees all these facilities. Now, a lot of these facilities are grandfathered in; they've been there for the longest time, and the only way that I feel, based on the events that we've gone -- and we've gone through a Special Master, we've gone through the circuit court, and 1 think that's very important. I think that you need to write a sequence of event as to what the City has done to address this problem because the residents are very concerned, and once you do that, provide us that so we could provide also the residents because, as Commissioner Regalado stated, some of them may be saying that we're not doing enough of what we should be doing, and 1 think it's important to know that we have taken all the legal action, within the scope of the law, to address this concern, and I think that our biggest success -- and we should continue to focus on that -- is that if they are in violation of any City Codes, that that's the only way that we've been successful, we continue to tackle that issue and go ahead with that, but 1 think it's important that AHCA gets involved and comes down here and checks -- and go in and regulate these places. They're the ones that really have the teeth in the process. I'll yield for Commissioner Allen. Commissioner Allen: Mr. Chairman, this is also a question which will be directed to the City Attorney. I'm just curious, are the legal principles of estoppel and latches, does that play a significant role in this entire scenario by any chance? Mr. Fernandez: Significant. Commissioner Allen: Right, so I would, perhaps, suggest that the City Attorney advise the Commission of those legal principles because they're well grounded in the law, and it does make it difficult in many instances to be successful, if you will. Mr. Fernandez: Yes. We have prepared a memorandum for you that exhaustively deals with the issue that Commissioner Allen raised of latches and estoppel because he hit the nail right on the head These are legal principles which are very complex and very difficult, even for lawyers who are experienced and, by the way, Commissioner Winton, the City Attorney's Office has the expertise and has the commitment to do everything in our power to eradicate these problems, but we're dealing with a very complex Constitutional process that allows for defenses such as estoppel and latches. Furthermore, the federal government -- Commissioner Winton: Estoppel and what? Mr. Fernandez: Latches. Commissioner Winton: Latches? Mr. Fernandez: Yes, which is -- City of Miami Page 26 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Commissioner Winton: So 1 don't want to know the answer to this? I mean, I don't want to understand that, yet? Later? Fine. OK. Keep going. Mr. Fernandez: If you wait a day, you will get more than you've ever wanted to know about what those are. Commissioner Winton: Yeah. I won't ask the question. I just trust that latches is important. Mr. Fernandez: The -- what we need to do is, we need to communicate better, not only with this Commission, but also with your constituents, and I will be very interested in being invited to the right forum so that 1 can share it with your constituents the legal principles that apply and the legal impediments that we have to being ultimately successful to their standards. For example, take the previous case that you dealt with, in residences where there are less than six individuals, the federal government and the state government has preempted you from doing anything, so regardless of zoning, regardless of anything that you may have, only AHCA can exercise some control, and of course, we, in the exercise of our police powers. If there is a crime, if there is something, then we can apply that. Commissioner Regalado: Mr. Chairman. Chairman Sanchez: But here's a question that I have for you. They're not exempt from Code violations. Mr. Fernandez: No, of course not. Chairman Sanchez: They are not exempt. Mr. Fernandez: Of course not. Chairman Sanchez: And that's where 1 think that we have been most -- more successful in identing -- and I'm not saying that all ALFs are illegal, but there are some that have, through time, done things that are not within the law and they've gotten away with it. Mr. Fernandez: And then what happens is that the Code Enforcement process is a neighbor - friendly process. It's a process that the bite has few teeth. It is a bite and you have a few teeth, but it's not as severe as when you take it to circuit court, because the Code Enforcement Master cannot throw people in jail, and is very limited in the fines they can impose. The moment we remove some of these cases to circuit court and we're dealing with a circuit court judge in the injunctive process, then you can throw people in jail, then they respond. Commissioner Winton: All right. Mr. Fernandez: And in the past -- Commissioner Winton: I vote yes. Mr. Fernandez: -- we have not been taking a lot of these -- as a matter of course, we have been using the neighborhood friendly Code enforcement process as a matter of policy. Now, I am taking, without you necessarily having to tell me, a very clear direction that you want these to be fully prosecuted to the full extent of the law, and rather than going through the Code enforcement process, I'm redirecting my office effort to take everybody to circuit court. Commissioner Winton: Bingo. City of Miaini Page 27 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Chairman Sanchez: And have we reached out to AHCA? Commissioner Winton: Bingo. Chairman Sanchez: Have we reached out to them? Mr. Fernandez: To whom? Commissioner Winton: To whom? Chairman Sanchez: To AHCA, which is the regulatory agency that oversees all the ALFs. Mr. Fernandez: The very first thing I've done, two and a half weeks ago, was certified mail, return receipt requested, and within a week, they replied affirmatively that they would get on the case immediately, and that they would start investigating and making sure they come into compliance, so that is also being done, and something else that I'm doing -- Chairman Sanchez: Well, then, it's my understanding that we're heading in the right direction, and we've -- Mr. Fernandez: Yes. Chairman Sanchez: -- taken all the legal action we could take within the scope of the law, correct? Mr. Fernandez: Yes. Commissioner Winton: Well, not -- I mean, yes, we're starting down that path, I understand -- sounds like. Commissioner Regalado: OK. Can 1 say something? The reason that these two items are here are not because of the constitutional issues, or the fact that six or less the City doesn't have to do anything with that. The reason that the first item is here is because the ALF on 21 st Terrace was an ALF until it became a halfway house -- Commissioner Winton: Right. Commissioner Regalado: -- which has totally different rules from the State of Florida to operate and it requires. At one time, a City of Miami Police detail, six cars, were at that place because there was a fight of 11 patients; drug addicts and one ex -murderer, fighting in the street. Six police cars, so the issue is not the Constitutional rights of this ALF. The issue is that these people became -- and Commissioner Allen is an expert on this -- because these people just decided to become halfway house because it pays more. The court system sends these people -- Commissioner Winton: Yeah. Commissioner Regalado: -- instead of getting the Social Security, and bingo, they became -- they just decide to become a halfway house. The second issue is not about Constitutional rights, nor about -- it's the fact that the court told these six facilities, you need to go to get a special Class II permit or whatever -- Mr. Fernandez: Special exception. Commissioner Regalado: -- that permit is -- exception -- and you have to go before the Zoning Board, and you have to go before the City Commission, and there is a public hearing triggered City of Miami Page 28 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 by this. What happened was -- and the reason that it's here is not because they need to do that. It's because the City has not enforced what the court says. What I'm saying is, they went and brought a piece of paper. "No, it's not good Come back in 30 days. Come back in 40 days." In fact, the date that was given to the City Attorney for the hearing in the Zoning Board and to the residents have been changed five times in a row. Do you know that, Mr. City Attorney, that the date has been changed? Mr. Fernandez: I have become aware of that since you told me personally. I wasn't aware of that before yesterday. Commissioner Regalado: Your office has all the dates that have been changed, from August to September, to October; now, it's late November, and this is the issue. That's all. What the residents are asking is just to have the public hearing. That's all they want, and they want to be here for the public hearing. Commissioner Winton: And the public hearing isn't in the best interest of the damned applicant because they can keep operating the way they're going -- Commissioner Regalado: Exactly. Commissioner Winton: -- and they don't have to put up with the public, and so -- Commissioner Regalado: Meanwhile -- Commissioner Winton: -- our view -- my view is we ought to take that right -- put him right back in front of that judge and say that he's deliberately not providing all the information we need so that there could be a public hearing and, thereby, cheating the public, or cheating the community, or whatever other deals there are. 1 mean, we really have to get aggressive with these guys. Mr. Fernandez: We are. Commissioner Winton: Thank you. Chairman Sanchez: OK. Any -- Mr. Fernandez: 1 hear you loud and clear. Chairman Sanchez: Any further discussion on the item? Hearing none, is there a motion to adjourn the City of Miami Commission meeting? Commissioner Winton: So move. Commissioner Allen: Motion. Chairman Sanchez: There's a motion and a second -- and, first of all, I believe there's no pocket items, correct? Commissioner Regalado? OK. Commissioner Winton: Before we adjourn, one more -- our Chairman, is he doing a job or what? 4 o'clock. Whoa, whoa. (Applause) Chairman Sanchez: Thank everyone and thank you guys. You're making it much easier on me, so our meeting's adjourned. Have a good one. Have a good weekend Everybody, God bless City of Miami Page 29 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 you. Commissioner Allen: Thank you, Mr. Chairman. D4.3 04-01138 DISCUSSION ITEM MR. BEN BURTON, EXECUTIVE DIRECTOR OF THE MIAMI COALITION FOR THE HOMELESS INC., TO ADDRESS THE COMMISSION CONCERNING THE FEEDING AND SERVICE PLAN FOR LOW INCOME AND HOMELESS FAMILIES AND INDIVIDUALS IN THE CITY OF MIAMI. 04-01138-cover memo.pdf 04-01138-Feeding and service plan.pdf DEFERRED D4.3 was deferred to October 28, 2004. Chairman Sanchez: Any other item? If not -- Commissioner Regalado: Commissioner -- Chairman? Chairman Sanchez: Yes. Commissioner Regalado, you're recognized. Commissioner Regalado: On District 4 items, I need to defer two items. Chairman Sanchez: OK. Which items would those be, Commissioner? Commissioner Regalado: D4.3. Chairman Sanchez: D4. 3. Commissioner Regalado: This is the plan that is already finished for the feeding of homeless in downtown Miami, but the Homeless Trust has requested to hear all the details in their next meeting. I will be attending, so as a courtesy to the Homeless Trust, I'm deferring this to the next Commission meeting of late October. Chairman Sanchez: OK. The item has been requested by Commissioner Regalado to be deferred to the meeting in late October. D4.4 04-01120 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 04-0610, ADOPTED SEPTEMBER 9, 2004, TO INCLUDE THE WAIVER OF COSTS AND FEES FOR THE CO -SPONSORED ANNUAL SOURCE AWARDS 3-DAY EVENT, SCHEDULED FOR OCTOBER 2004; AMENDING SAID RESOLUTION TO REFLECT SAID CHANGE. DEFERRED D4.4 was deferred to October 28, 2004. Commissioner Regalado: D4.4, the item regarding the Source Award, to be deferred, as per request of the Administration, to the next Commission meeting. Chairman Sanchez: OK. The item has been requested by the Administration and by City of Miami Page 30 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Commissioner Regalado to defer it to the next Commission meeting, which we need a date. Commissioner Regalado: 20 -- Commissioner Allen: 28th. Commissioner Regalado: 28th? Chairman Sanchez: 28th? Commissioner Allen: 28th. DISTRICT 5 COMMISSIONER JEFFERY L. ALLEN City of Miami Page 31 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 PUBLIC HEARING PH.1 04-01090 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PURCHASE OF A SKY WATCH SENTINEL OBSERVATION PLATFORM, FROM NEW HEIGHTS MANUFACTURING, INC. , FOR THE DEPARTMENT OF POLICE, AT A TOTAL COST NOT TO EXCEED $97,146; ALLOCATING FUNDS IN AN AMOUNT NOT TO EXCEED $97,146, FROM THE CAPITAL IMPROVEMENT PROGRAM, POLICE HOMELAND DEFENSE PREPAREDNESS BOND, ACCOUNT CODE NO. 312048.299307.6.840. 04-01090-covermemo. pdf 04-01090-budget impact .pdf 04-01090-memos. pdf 04-01090-notice to public.pdf 04-01090-NHM email.pdf 04-01090-price quote.pdf 04-01090-skywatch. pdf 04-01090-award. pdf 04-01090-Summary Fact Sheet.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0683 Chairman Sanchez: PH 1, which is a resolution of the City of Miami Commission by a four - fifths affirmative vote, after advertising a publicly hearing, so it's been publicly -- properly advertised. It is open. Do we need -- need a motion. It's a resolution. Vice Chairman Gonzalez: Move PH 1. Chairman Sanchez: There's a motion by Vice Chairman Gonzalez. Is there a second? Commissioner Allen: Well -- Commissioner Regalado: Second. Commissioner Allen: -- I had discussion. Chairman Sanchez: Second by Regalado. It is open for discussion. Commissioner Allen. Commissioner Allen: Yes, Mr. Chairman, if you will -- Commissioner Winton: Yes. Commissioner Allen: -- please. May I have someone please from the respective department on behalf of this? Good morning, sir. City of Miami Page 32 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Deputy Chief Frank Fernandez (Deputy Chief Police Department): Good morning, Commissioner. Commissioner Allen: Yes. Just a number of questions, if you will, please. 1 do see that this is a sole source purchase, and this is apparently a Sky Watch Observation Platform. Could you please tell me, is there a compelling need for this? 1 do understand it's not a fiscal impact to the City, but can you first answer that? Is there a compelling need for this particular -- Deputy Chief Fernandez: Absolutely, sir. Frank Fernandez, Deputy Chief Miami Police Department. Commissioner Allen: Yes. Deputy Chief Fernandez: Commissioner, this is something that, actually, we came across at, believe it or not, at Disney World. We were concerned that having such a permanent -- not a permanent structure, but something that's very prevalent to the community when they see it, that it wouldn't impact on our tourism, but Disney World has these things parked all over the parking lots, and they use it in terms of homeland security for a visual platform to look from. This type of thing is mobile. It is something that we do need. We have a large number of special events in the City. This pass weekend, for example, we had 11 major events. We had 180 officers working these events. We have over 500,000 people, at any given time, visiting these special events. What this will give us is an elevated platform. Not only that, but it's also a major deterrent. We also put it to use. Once we saw it being used in Disney World, we actually called the company; they brought it down here. We used it during the Calle Ocho Festival to see how proactive it would be, and how -- what impact it would have on the event, and putting an officer up there, what it did, it actually diffused a lot of situations because the public was looking at it -- looking at it saying, "Well, the officers are watching me." It's kind of like a platform for us to look down from, but it also has video capabilities in the event of a fight. We could document these incidents . It also offers officer safety issues for our cops to see where these occurrences are occurring, but to give you one example: During the 8th Street Festival, there were a number of situations where fights were about to break out with so-called gang members. The officer noticed that the groups were gathering, deployed the officers, and they were able to intercept that fight before it took place and diffuse the situation before it came or it became a public safety issue. We're looking to put this also down Biscayne Boulevard. For example, during the Mardi Gras Festival that we had on Biscayne Boulevard, well, unfortunately, we had someone fire a weapon. This type of visibility from the officers, people looking at it -- Commissioner Allen: Right. Deputy Chief Fernandez: -- will be a deterrent for those type of violent behaviors. Commissioner Allen: Well, let me ask you. How would you answer those critics or citizens that would argue that the appearance of this apparatus would appear to be tantamount to a police state, and the impact on potential tourism coming here. How would you answer that? Deputy Chief Fernandez: Well, that's the same concern we have. We share the same concern, but looking at it from the perspective -- look at Disney World having these things in the parking lot, obviously, they haven't had an impact on tourism. I believe their stocks are up, so that wasn't an impact there. We've looked to see where they've actually put these things before. We tested it during 8th Street. We polled some people, very informal, just asking people, as they're walking by this platform during the 8th Street Festival, it didn't seem to be intrusive. It did not seem to be an insult. We did not receive that, at all. In addition to that, during the 8th Street Festival and a number of other festivals, we also used fixed platforms. These are those wood platforms that you normally see that are raised up, where the officer stands on top to get a visual City of Miami Page 33 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 observation. The only thing this will give us, aside from that, is a much more elevated or higher elevated platforms for us to look from. Commissioner Allen: OK, and lastly, it's coming out of the allocation of the home security bond issue, but let me ask you, has anyone examined the issue of the carrying costs or maintenance costs going forward? Would that impact the City's budget, the maintenance -- Deputy Chief Fernandez: No, sir. We -- Commissioner Allen: -- the maintenance of this, on a yearly basis? Deputy Chief Fernandez: Absolutely. We actually discussed this during the preparation of the purchase of it. The maintenance -- it comes with a warranty. The maintenance was on a diesel engine. We actually called -- there's the -- Collier County has one of these platforms. Commissioner Allen: OK. Deputy Chief Fernandez: They experienced very little maintenance at all. The company is very reliable, so we don't anticipate having any type of general fund impact to the general funds. Commissioner Allen: OK. All right. Thank you. Deputy Chief Fernandez: You're welcome, sir. Chairman Sanchez: Any other discussion? Commissioner Winton: Yeah. I have a -- I just want to make sure -- I didn't recall a line item out of the bond issue for this, but I'm having it printed out, so I'm assuming -- the only thing 1 remembered in the bond thing was the Police Training Facility. Is there another line item for police stuff in the bond issue? Commissioner Regalado: No. Deputy Chief Fernandez: Yes, there is. Major Melvin, do you have that available with you, the Homeland Security, the park bond? Unidentified Speaker: No, I don't. Deputy Chief Fernandez: Commissioner, we don't have that information available, but we will certainly get it to you. We'll track it down now, but it is part. We do have it on that agenda. I did double-check to make sure that it was on there. Commissioner Winton: On what agenda? Deputy Chief Fernandez: On the Homeland Security. Commissioner Winton: You know that it is -- that you have a -- what's the line item called then that this would fall under? Because it's not going to fall under the Police Training Facility. Deputy Chief Fernandez: No, it would not. Let me double-check. Major -- they're checking for us now. Commissioner Winton: Well, how about we post -- defer the vote on this for five minutes, until you guys come -- City of Miami Page 34 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Deputy Chief Fernandez: No problem. Commissioner Winton: -- up with that information, and then I'm crystal clear on that. Deputy Chief Fernandez: Absolutely. Commissioner Winton: Because the concept itself, I'm totally in favor of. I've seen them -- similar things used actually in small towns all the time during parades and festivals and all kinds of things, so I think the concept is good. I just want to make sure that the use of funds is correct. Mary Conway: Good morning, Mary Conway, CIP (Capital Improvement Program). It does not -- the funds would not come from the 10, 000, 000 that's in the bond for the Police Training Facility. There is another -- Commissioner Winton: Well, 1 would assume it wouldn't come from that. Ms. Conway: There's another 5,000,000 that's, I believe, Title Preparedness Initiative, that these types of purchases and other improvements are being funded from, and -- Commissioner Winton: Can I see -- Ms. Conway: -- I don't have that -- 1'm getting it right now. Commissioner Winton: OK. Well, as soon as I see the entire schedule and see that line item, I'm fine. Ms. Conway: OK. Commissioner Winton: So could we wait until we -- Ms. Conway: We're getting it right now. Commissioner Winton: -- until I get a copy of that? Thanks. Commissioner Regalado: Was this approved by the Oversight Board? Deputy Chief Fernandez: Yes, sir, it was. Commissioner Winton: Oh, it was? This has been before the Bond Oversight Board? Deputy Chief Fernandez: My understanding, yes, sir, it was approved -- Commissioner Winton: OK, 1 quit. Deputy Chief Fernandez: -- by the Oversight Board. Commissioner Winton: They would not have let it come here. They've been very good at -- Commissioner Allen: Great. Chairman Sanchez: Any other questions -- Commissioner Allen: Did we -- Commissioner Winton: -- keeping watch on that. City of Miami Page 35 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Chairman Sanchez: -- from the Commission? Commissioner Winton: So 1 withdraw my -- Commissioner Allen: Thank you. Deputy Chief Fernandez: All right. Chairman Sanchez: If not, it has been advertised as a public hearing. Anyone from the public wishing to address this item, please step forward. Seeing none and hearing none, the public hearing is closed, and therefore, 1, as the Chair, will speak last. 1 just -- an eye in the sky is worthy of James Bond 007 -- does he approve it? Deputy Chief Fernandez: I'm sorry. Say that again. The James Bond -- Chairman Sanchez: I'm only kidding. I'm only kidding. James Bond -- Deputy Chief Fernandez: James Bond will actually use this also, yes. Chairman Sanchez: Oh, OK. All right. All right. 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, motion carries unanimously. Deputy Chief Fernandez: Thank you, Commissioner. Chairman Sanchez: OK. Deputy Chief Fernandez: Appreciate it. Commissioner Allen: Thank you, sir. Chairman Sanchez: You're quite welcomed. Commissioner Allen: Thank you, sir. PH.2 04-01091 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE ACQUISITION OF THREE (3) 8028 UNIVERSAL PORTACOUNT FIT TEST SYSTEMS WITH ACCESSORIES, WHICH CONTAINS BOTH MODELS 8020 PORTACOUNT PLUS AND 8095 N-95 COMPANION, INCLUDING TRAINING AND MAINTENANCE SUPPORT SERVICES FROM TSI INCORPORATED C/ 0 DAWSON ASSOCIATES, INC., THE DESIGNATED SOLE SOURCE REPRESENTATIVE FOR TSI INCORPORATED, IN THE SOUTHEASTERN REGION OF THE UNITED STATES FOR THE DEPARTMENT OF FIRE - RESCUE, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $33,000; ALLOCATING FUNDS FROM THE FEDERAL GRANT ENTITLED, "URBAN City of Miami Page 36 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 AREAS SECURITY INITIATIVE GRANT PROGRAM II," PROJECT NO. 110111 , ACCOUNT CODE NO. 280910.6.840. 04-01091-cover memo.pdf 04-01091-budgetary impact.pdf 04-01091-memos.pdf 04-01091-notice to the public. pdf 04-01091-TS I letter. pdf 04-01091-Dawson letter.pdf 04-01091-TSI webpages.pdf 04-01091-sales quote.pdf 04-01091-award. pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0669 Chairman Sanchez: Moving on to PH.2. It's a resolution of the City of Miami Commission -- Commissioner Winton: So moved. Chairman Sanchez: -- by a four -fifths vote. Vice Chairman Gonzalez: Second. Chairman Sanchez: Also, it's been advertised -- Commissioner Allen: Second. Chairman Sanchez: -- as a public -- there's a motion by Commissioner Winton. There's a second by Vice Chairman Gonzalez. It is open for discussion from the Commission. Hearing none, it is a public hearing. Anyone from the public wishing to address the Commission, please step forth and be heard. Seeing none and hearing none, the public hearing is closed. 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 resolution passes unanimously. PH.3 04-01092 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), ACCEPTING THE PLAT ENTITLED "CATHERINE'S PLACE," A SUBDIVISION IN THE CITY OF MIAMI 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 A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE City of Miami Page 37 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 COUNTY, FLORIDA. 04-01092-cover memo.pdf 04-01092-budgetary impact.pdf 04-01092-memo.pdf 04-01092-notice of public hearing.pdf 04-01092-memo2. pdf 04-01092-notice of public hearing2.pdf 04-01092-legal description. pdf 04-01092-exh ibitl .pdf 04-01092-exh i b it2. pdf 04-01092-p ictu res. pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0670 Chairman Sanchez: Moving on to PH.3. It is a resolution. Has that -- is that PH.3 from the Administration? Stephanie Grindell: Stephanie Grindell, Director of Public Works. Chairman Sanchez: Stephanie. Ms. Grindell: PH.3 is a resolution accepting the plat for Catherine's Place. We recommend approval. Chairman Sanchez: You recommend approval? Ms. Grindell: Yes, we do. Chairman Sanchez: OK. It's a resolution. It's not a public hearing, correct? It was not -- Ms. Grindell: Public hearing. Chairman Sanchez: It's a public hearing? OK. It's a public hearing. Anyone from the public wishing to step forward and address this issue, please do so now. Seeing none, hearing none, the public hearing is closed Vice Chairman Gonzalez: Move PH.3. Commissioner Allen: Move. Chairman Sanchez: -- and we open it for a vote. There is a motion by Vice Chairman Gonzalez. Is there a second? Commissioner Winton: Second Commissioner Allen: Second. Chairman Sanchez: Second by Commissioner Allen and Commissioner Winton. It is open for discussion from the Commission. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 38 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Chairman Sanchez: Anyone in opposition, having the same right, say "nay." The resolution passes unanimously. 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-exhibit 1. pdf 04-01039-exh ibit2. pdf 04-01039-exh ibit3. pdf 04-01039-picture.pdf WITHDRAWN Chairman Sanchez: OK. We go into the regular agenda. We go into -- Joe Arriola (City Manager): Commissioner, would you -- Chairman Sanchez: On the regular agenda, are there any items -- Mr. Arriola: Yeah. Chairman Sanchez: -- that we want to -- that the administration wants to pull from the general agenda? Mr. Arriola: PH.4, we want to withdraw. City of Miami Page 39 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Chairman Sanchez: I'm sorry, Mr. City -- Mr. Arriola: PH.4. Chairman Sanchez: PH.4? Mr. Arriola: Yes, sir. Chairman Sanchez: OK, PH4 withdrawn. Are there any other items? PH.5 04-01093 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"), A STRIP OF LAND CONTAINING APPROXIMATELY 5,737 SQUARE FEET, LYING ADJACENT TO BISCAYNE BOULEVARD, BETWEEN NORTHEAST 8TH STREET AND NORTHEAST 9TH STREET, MIAMI, FLORIDA ("PROPERTY"), REFERRED TO AS PARCEL 101, AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, WITH FDOT REQUESTING FEE SIMPLE OWNERSHIP OF THE PROPERTY TO MAKE IMPROVEMENTS TO THE SIDEWALK FOR THE PURPOSE OF TYING IN THE SIDEWALK IMPROVEMENTS TO THE OVERALL PROJECT KNOWN AS THE BURLE MARX PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A DEED, IN SUBSTANTIALLY THE FORM ATTACHED AS " EXHIBIT B," AND ALL OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE SAID CONVEYANCE. 04-01093-cover memo.pdf 04-01093-memo.pdf 04-01093-notice of public hearing.pdf 04-01093.exhibitl .pdf 04-01093.exhibit2.pdf 04.01093-exh i bit3. pdf 04.01093-exh i b it4. pdf Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0671 Chairman Sanchez: Moving on to PH.4. PH.4 was withdrawn. PH. 5. PH.5 is a resolution. Staff. Staff needs to come up and basically -- Keith Carswell: OK. Keith Carswell, Director for the Department of Economic Development. This is really just a conveyance of property to FDOT (Florida Department of Transportation) in connection with a master plan project along Biscayne Boulevard. Commissioner Winton: So moved. Chairman Sanchez: There's a motion by Commissioner Winton. Is there a second? Commissioner Allen: Second. City of Miami Page 40 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Chairman Sanchez: Second by Commissioner Allen. It is open for discussion from the Commission. Before we do that, let's -- it's a public hearing. Anyone from the public wishing to be heard on this item, please step forward. Seeing none and hearing none, the public hearing is closed. Sylvia Scheider (Assistant City Clerk): Excuse me. Mr. Chairman, I was handed a substitute version. I need to know if this is a modification to the resolution. Jorge L. Fernandez (City Attorney): Yes, and I believe that Commissioners have been given the modification also. Chairman Sanchez: Yes. Vice Chairman Gonzalez: Yes. Commissioner Regalado: Yes. Mr. Fernandez: So that is what's being passed, as modified. Chairman Sanchez: Well, why don't we do something, Mr. City Attorney, just for the record. Why don't we have it put on the record I think it's paramount that when we have items that come in front of us, the Administration needs to come forth and just stand there and say, you know, "we approve it," in case they have any questions, that way, time -- it saves time. In case the Commissioners have a question, we don't have to hunt the staff down, so -- Mr. Carswell: The Administration recommends conveyance of the property. Chairman Sanchez: OK. Any questions from the Commission on this item? Commissioner Winton: As it relates to the modified resolution. Commissioner Allen: Correct. Mr. Carswell: Correct, as it relates to the modified resolution. Commissioner Allen: All right. Chairman Sanchez: OK. Commissioner Allen: There's no sustention. Commissioner Regalado: And this is -- I got a question for -- Chairman Sanchez: Yes, Commissioner Regalado. Commissioner Regalado: This is to take part of Bicentennial for FDOT to build the road and sidewalks. Mr. Carswell: Correct. This is just basically for the street widening project; it has also allowed for some pavers, and there was a master plan that was adopted by the Commission, I believe, in - Commissioner Winton: The Burley Marks. City of Miami Page 41 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Mr. Carswell: -- back in 1988, the Burley Marks Project, which is -- Commissioner Regalado: Yeah, but I got a question, and I'm sure that Johnny knows the answer, and I -- I was curious because I've seen a lot of information. The County has a plan for the museums, in case the bond issue is approved. According to published report, the County's plan is bigger than what we approved in the City Commission. Does this affect -- Commissioner Winton: Bigger in terms of what? Commissioner Regalado: Acres. Commissioner Winton: They don't get to decide; we do. Commissioner Regalado: Well -- Commissioner Winton: Regardless of their plan -- Commissioner Regalado: But it's going on the ordinance. Commissioner Winton: No. It's City of Miami land. It is not County land. It's City of Miami land. It's our master plan. We've hired the consultant. It will be a public process for master planning, and the master plan that -- in fact, the consultant --1 don't know if they've been hired yet or not, but we've gone through the RFP (Request for Proposals) process, we've chosen a consultant. They're negotiating with the consultant. Don't know if they've been hired or not, and this consultant is actually going to design the park, not a master plan, but design the park, and in that process, this whole issue of -- excuse me -- two parks, three parks. The footprint of the museums themselves, what they're going to be allowed to occupy, how we will and what we will allow relative to them weaving in some of their outdoor exhibits will be debated vigorously and where parking's going to be placed, and that's all going to be part of the heavy debate that our original master planning committee has already gone through and have very strong feelings about. Now -- and so this -- these consultants that we've hired, at the end of the day, this Commission will rates that plan that will be a very public process relative to the specific design of the park, and we will determine that. Commissioner Regalado: Yeah, but -- and that is -- and you're right, but is -- we have a paradox here, because in the backup ordinance of the bonds, the parks -- the museum park -- Commissioner Winton: Um-hmm. Commissioner Regalado: -- has buildings in 16 acres, and that's the ordinance that will be approved, that will guide the bond, like we did here with the bond. Commissioner Winton: Would you do me a favor and show me that writing? Commissioner Regalado: It's -- Commissioner Winton: I've never seen that. Commissioner Regalado: No. I think it's -- Commissioner Winton: They're not getting 16 acres. Commissioner Regalado: -- it's in the County. Well, look, that's what they're selling. I'm just saying that we need to be very careful -- City of Miami Page .12 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Commissioner Winton: 1 would be surprised if they're -- now, I haven't seen that, 1 will tell you, and I've read a lot of stuff, and I've never seen that, number one. Number two, that point of sale is a bad point of sale. That will unsell -- Commissioner Regalado: Yeah, I know. Commissioner Winton: -- because the public isn't in favor of that, at all. Commissioner Regalado: That's -- Commissioner Winton: I'm not in favor of that, at all; nobody that I know is in favor of that, at all, so I -- and I've never seen that writing, so if you -- Commissioner Regalado: I've seen it, but I'll try to get a copy of the backup order. Joe Arriola (City Manager): Commissioner -- Commissioner Winton: That'll be great, because if it is in some ordinance that the County is dealing with, then we need to go to the County and make sure that gets clarified before, OK? Chairman Sanchez: Mr. City Manager. Mr. Arriola: Yeah. It actually -- not came from the County. Actually, the people that are opposing the park itself are the ones that wrote that, about 16 acres, and what they did is -- Commissioner Winton: Oh. Mr. Arriola: -- they included not only the building, but they included all the landscaping and all the other participations of the -- of what the museums would be as part of the 16 acres, so it's not Commissioner Regalado: The County -- Commissioner Winton: And let me put this in perspect -- in our original master planning process -- and the parks were there -- I mean, the parks -- the museums were there -- they said, we need a minimum of four acres for our footprint of our building and we want another four acres for public exhibits, and then we want to fence it off, and we said, ain't no way. Maximum, four -acre footprint for your building; maximum, not minimum, and anything that you do -- sculpture gardens, those kinds of things that you do in the park, we're all in favor of. That happens in parks all over the world It's not fenced off. It's open to the public. It's open for the public. It will be public space, end of story, so the real point here is that the two parks, according the our master plan that this Commission adopted, gets -- those two museums, I mean -- get total of eight acres, four acres each, for the footprint of their buildings. That's the max, just so it's clear on the record. Chairman Sanchez: OK. Any further discussion on PH.5? Hearing none -- it was a public hearing? Anyone from the public wishing to address this item, please step forward Seeing none and hearing none, the public hearing is closed. There is a motion and there is a second on the item. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." The motion carries unanimously. 3:00 P.M. City of Miami Page 43 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Note for the Record: A sign language interpreter was signing for Items PH. 6 - PH. 8. PH.6 04-01096 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS FROM THE HOUSING LOAN RECOVERY FUND IN AN AMOUNT NOT TO EXCEED $484,580.43; ALLOCATING SAID FUNDS TO SINGLE FAMILY PROGRAMS FOR HOUSING ACTIVITIES. 04-01096-cover memo.pdf 04-01096-public notice.pdf 04-01096-memo.pdf 04-01096-pre resolution.pdf 04-01096-exh i b it. pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0684 Chairman Sanchez: And we will reconvene the City Commission meeting. OK. Is the translator here? OK. How about our sign language? Sylvia Scheider (Assistant City Clerk): The sign interpreter has just pulled into the parking lot, I've been told, so she should be walking in any moment. Chairman Sanchez: All right. We'll wait for her. We have three items that are CDBG ( Community Development Block Grant) and, of course, they're time certain, and they are a public hearing and, of course, the rules and regulations require us to have not only an interpreter here at the Commission, but also a sign language individual, so we'll go ahead and wait a few minutes 'til she gets here. She's parking her car outside and she should be here soon. Commissioner Winton: Do we have anything other than those? Joe, do we have anything other than these? Chairman Sanchez: Those are the only items that we have, and then we have, I believe -- we have three items CDBG, and then we only have the time certain item pertaining to the ALFs ( Adult Living Facilities) that -- Commissioner Winton: Oh, yeah. Chairman Sanchez: -- Commissioner Regalado has requested. Commissioner Winton: There it is, EM2. Well, that's a different one. That's the Mayor's item that's EM2. Well, while we're waiting, maybe we can take up Commissioner Regalado's, or are we waiting? Chairman Sanchez: No, they're time certain. Commissioner Regalado: Well, if we finish this, we might as well -- Commissioner Winton: Who are we waiting on? Commissioner Regalado: -- start, but at least several neighbors were hoping -- City of Miami Page 44 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Commissioner Winton: To come? Commissioner Regalado: -- to come, and we told them about 4. Commissioner Winton: Oh, I see. By 4? We're going to be out of here at 4. Commissioner Regalado: Yeah. Well, we said at 4, but we can -- as soon we -- at least one is here, we can start, so then -- Commissioner Winton: Then I'm going to watch my little six -year -old play flag football over here at the park. Chairman Sanchez: OK She is here. Ma'am, good to have you here, OK. Ana Hernandez (Official Sign Interpreter): Thank you. Miami traffic. Chairman Sanchez: Yes, yes, yes, yes, yes. OK. Madam Director, you're recognized Barbara Gomez -Rodriguez: Barbara Rodriguez, Department of Community Development. PH. 6 is basically transferring 484,580 with 43 cents from the Housing Loan Recovery Fund to our single-family program. Commissioner Winton: What does that mean? Ms. Gomez -Rodriguez: The Housing Loan Recovery Fund was a fund that we had in order to safeguard some of our loans, and HUD (Department of Housing and Urban Development) did not approve it, so we've had that money and we want to use it through our single-family program that we have 247 applicants waiting for repairs of their homes. Chairman Sanchez: And, Barbara, this is recaptured funds? Ms. Gomez -Rodriguez: It's basically an account that was there that we can't use it for that purpose, so we're trying to move the application process. Chairman Sanchez: And how many individuals are in the application process right now? Ms. Gomez -Rodriguez: 247 are waiting, so we're trying to decrease that amount of applicants. Chairman Sanchez: And this moves the money towards the rehab program? Ms. Gomez -Rodriguez: Correct. Commissioner Winton: Oh, it's rehab? Ms. Gomez -Rodriguez: Rehab. Commissioner Allen: Rehab. Commissioner Regalado: This is -- Ms. Gomez -Rodriguez: Single-family rehab. Commissioner Regalado: But this is not to buy houses; this is rehab. City of Miami Page 45 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Ms. Gomez -Rodriguez: This is single-family rehab for individual houses up to $30, 000 to rehab their house. Commissioner Winton: Great. Vice Chairman Gonzalez: So move, Mr. Chairman. Commissioner Winton: Second. Chairman Sanchez: OK. Before we open it up for a motion, this is a public hearing. Anyone from the public wishing to address this concern, please step forward and be recognized. Seeing none and hearing none, the public hearing is closed There is a motion on the floor. There's a motion by Vice Chairman Gonzalez, second by Commissioner Winton. 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. PH.7 04-01097 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE TRANSFER OF 26TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS, IN AN AMOUNT NOT TO EXCEED $150,000, FROM THE ALTERNATIVE PROGRAMS, INC.; ALLOCATING SAID FUNDS TO THE CITY OF MIAMI DEPARTMENT OF OFF -STREET PARKING ("DOSP") FOR ACQUISITION AND/OR DEVELOPMENT OF A PROPERTY IN THE AREA OF 151 NORTHWEST 60TH STREET, MIAMI, FLORIDA, TO BE DEVELOPED AS A PUBLIC PARKING LOT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH DOSP, FOR SAID PURPOSE. 04-01097-cover memo.pdf 04-01097-public notice.pdf 04-01097-text report.pdf 04-01097-summary report.pdf 04-01097-exhibitl .pdf 04-01097-exh ib it2. pdf Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0685 Chairman Sanchez: We move on to PH.7, also a resolution. Barbara Gomez -Rodriguez (Director, Community Development): PH 7, on May 6, 2004, the City Commission adopted resolution 04-0313, allocating $150, 000 to the Alternative Program, and this was a need that they had to do additional parking for their facility. What we are recommending is to take those $150, 000 and to give them to Off -Street Parking, for them to build a parking lot for the Alternative Program. Commissioner Winton: Well --1 was reading the address incorrectly, so I almost died. 1 thought this was somewhere else, so you need a motion? City of Miami Page 46 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Chairman Sanchez: Well, before we do that, it is a public hearing. Anyone from the public wishing to address this item, please step forward to the mike and be heard. Seeing none and hearing none, the public hearing is closed, and we'll open it up for the Commission. 1 believe there was a motion made by -- Commissioner Winton: I'll move it. Chairman Sanchez: Commissioner Winton. Vice Chairman Gonzalez: Second. Commissioner Allen: Second. Chairman Sanchez: Is there a second? Second by Commissioner Allen. It is open for discussion from the Commission. Hearing none, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." The resolution passes unanimously. PH.8 04-01100 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS, IN THE TOTAL AMOUNT OF $999, 297, FROM CLOSED OUT ACTIVITIES; ALLOCATING SAID FUNDS IN THE AMOUNT OF $81,300, TO SOUTHWEST SOCIAL SERVICES, INC., THE AMOUNT OF $300,000, TO TELEMIAMI, INC., THE AMOUNT OF $290, 000, TO ALLAPATTAH WYNWOOD COMMUNITY AND DEVELOPMENT CENTER, INC., THE AMOUNT OF $50,000, TO ST. ALBAN'S DAY NURSERY, AND THE AMOUNT OF $277,997, TO HOUSING ACTIVITIES TO BE FUNDED AND APPROVED BY THE HOUSING & COMMERCIAL LOAN COMMITTEE; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS AND AMENDMENTS TO AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORMS, WITH SAID AGENCIES. 04-01100-cover memo.pdf 04-01100-public notice.pdf 04-01100-exhibit 1. pdf 04-01100-exh ibit2. pdf 04-01100-exh i b it3. pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Allen, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0686 Barbara Gomez -Rodriguez (Director, Community Development): PH.8 is basically we are closing out a couple of programs that the City used to have and used to run, and those are closeout funds that are not being utilized. We are moding this resolution and we have provided a copy to all of you, so we want this PH.8 to be modified. Basically, what we're doing is, we're closing out City of Miami Lot Clearing account of 560, 203.53; City of Miami Lot Clearing for 182,187.96, City of Miami Code Enforcement/NET (Neighborhood Enhancement City of Miami Page 47 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Team), 132,888.75, Code En -- City of Miami Code Enforcement/Building Department, 124, 016. 76 for a total of 999,297, and we're requesting approval to be transferred to Southwest Social Service, Inc., $81, 300, Allapattah/Wynwood Community and Development Center, Inc., $290, 000, St. Alban's Daycare, Inc., $50, 000, housing activities, again, to fund more single-family rehab program for 277, 997, and to put $300, 000 on a CDBG (Community Development Block Grant) reserve, which was advertised for Telemiami, Inc., and we are requesting that to be put in reserve until additional information is obtained. Chairman Sanchez: So, basically, the amendment that has been given to us removes Telemiami from the resolution. Ms. Gomez -Rodriguez: It removes them and it puts those dollars in a CDBG -- Chairman Sanchez: Reserve. Ms. Gomez -Rodriguez: -- reserve account. Commissioner Allen: Reserve. Chairman Sanchez: OK. Before we open it up to the Commission, it's a public hearing, and I believe there's someone from the public that wants to speak on the item. Felix Diaz: Felix Diaz, president of Telemiami, here to answer any questions you may have. Chairman Sanchez: Oh, but you -- there's no questions. You want to put something on -- Mr. Diaz: No. Chairman Sanchez: OK. Mr. Diaz: I do not. Chairman Sanchez: OK. All right. It is a public hearing. Anyone from the public wishing to address the -- anyone else? We certainly don't want to deny anybody the public forum. Sir, please step forward. State your name on the record. Does it pertain to this resolution? Roberto Godoy: I don't know it. It pertains as funds from the CDBG. I am not in there, but I don't know if this would be the appropriate place to talk. Commissioner Winton: You need to know if it pertains to these items. Mr. Godoy: If I am not included in that item, I cannot talk? Commissioner Winton: No. Mr. Godoy: OK. Chairman Sanchez: But I think you deserve an explanation. 1 suggest that you speak with Barbara afterwards so she could explain whatever your concerns may be. You're just not on the agenda pertaining to these items. OK, so speak with her, and if you're not satisfied with her, please feel free to contact any of the Commissioners, and we'll be more than glad to put you on the agenda at a later date. Thank you. OK. It's open for the Commission. Vice Chairman Gonzalez: Mr. Chairman, I'm ready to move PH.8. City of Miami Page 48 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Chairman Sanchez: OK. There's a motion by the Vice Chairman to move PH8. Is there a second? Commissioner Allen: It's a second Commissioner Winton: Second. Discussion. Commissioner Allen: I second. Chairman Sanchez: Second by Commissioner Allen and discussion, Commissioner Winton. Commissioner Winton: How did you determine who was going to get these funds? Ms. Gomez -Rodriguez: What happened is, throughout the years, we get -- different agencies send us proposals that they run into trouble, they're doing something to the facility, and they did -- they need additional dollars, so when we found these dollars, we went back and we checked everybody that had requested these dollars, and we visit them. We determine what was the time frame to use the dollars. In some of them, we've been partners in this project for two years, such as Southwest Social Service. We're requesting the money because we can finish the job. Allapattah Wynwood Community Development, that's another one that we've been involved for two years that we're trying to finish. St. Alban got funded last year for some dollars, and they needed additional dollars, and we felt that it was good to complete what they were doing, and the remaining dollars was basically housing activities because of the amount of people that we were doing on single-family rehab that were waiting so, basically, that's what we did, Commissioner. Commissioner Winton: And explain the Telemiami deal. Unidentified Speaker: Right. Ms. Gomez -Rodriguez: The Telemiami deal was -- we received a letter from them back in March requesting that they were in the process of expanding their location, and they were applying under Economic Development, and that they were looking to see how the City could help them. They were going to be creating jobs, 20 jobs, and that they were needing some money due to complete the structure of their facility. We went out there; we visit them and we determined the - - they were requesting much more money than what we were recommending. Right now, we're looking for additional data. Commissioner Winton: What is Telemiami? Ms. Gomez -Rodriguez: Telemiami is a for profit business -- Vice Chairman Gonzalez: Cable TV (television). Ms. Gomez -Rodriguez: -- that is in the City of Miami. Vice Chairman Gonzalez: A cable -- Commissioner Winton: A for profit business? Ms. Gomez -Rodriguez: Yes, it is. Vice Chairman Gonzalez: It's a cable TV company. Ms. Gomez -Rodriguez: Yes, it is. City of Miami Page 49 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Commissioner Winton: Well, then explain that to me. Ms. Gomez -Rodriguez: We -- if you look at economic development, that is the purpose of economic development, is to provide dollars to for -profit business to create jobs. The same way that we do with Little Haiti Job Creation, which is under economic development, to create jobs. Commissioner Winton: Well -- Ms. Gomez -Rodriguez: So for every $15, 000 that they create a job, is the policy that the City has used in the past. The regulation permits 35, 000 for one job. We have a stricter policy, which is 15,000 for one job. Commissioner Winton: Well, let me -- I didn't know anything about any of this until I read the agenda, so -- but I would be shocked if I don't have some not -for -profit agencies in my district, particularly, in the West Grove, or in Wynwood, or Little Haiti, that need money to do capital improvements to their facilities and I didn't know anything about this. Nothing. Ms. Gomez -Rodriguez: OK. Commissioner Winton: And -- but we're going to give 300, 000, which is a big chunk, to a for - profit corporation, and I -- you know, that may be a perfect thing to do, may be. I don't know. What bothers me is that no one -- I don't know if my staff knew. Maybe they knew that this was all going on and -- because I've been a little harder to get hold of lately than 1 usually am, and so that could be the case, but 1 don't have a good gut feel, and usually when I don't have a good gut feel about something, there's something there, and this really makes me nervous that we didn't reach out to the not -for -profit community that 1 know is desperate for things all the time, and we put one of the biggest chunks of money and we give it to a for -profit corporation. Ms. Gomez -Rodriguez: Commissioner, with all due respect, we did, and that's why you see three non-profit there, and keep in mind that one of the things that we do with for profit is that there are commitments that if this is not, they do pay us back, so it's not the same requirement, but we did go to the non-profit. We did -- Commissioner Winton: How did you -- Ms. Gomez -Rodriguez: -- we've been in contact with your office and we were able to obtain some of the requests that your office had Commissioner Winton: I'm not comfortable with this. Ms. Gomez -Rodriguez: OK. Chairman Sanchez: All right, but that's why it's been taken out. Ms. Gomez -Rodriguez: Right. Chairman Sanchez: They're going to fine-tune it; they're going to sit down; they're going to make all the necessary adjustments, and they'll be -- come back to the Commission -- Ms. Gomez -Rodriguez: Right. Chairman Sanchez: -- with the recommendation. That's why -- Commissioner Winton: Tell me that again. What's happening? City of Miami Page 50 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Chairman Sanchez: They -- Ms. Gomez -Rodriguez: I just pulled it out. Chairman Sanchez: -- took that part out. Commissioner Winton: Oh. Ms. Gomez -Rodriguez: That was the modification I made, to put it on reserve. Chairman Sanchez: That was one of the -- the amendment on the floor is to -- Commissioner Winton: Has that one out. Chairman Sanchez: -- take that out -- Commissioner Winton: Oh. Chairman Sanchez: -- because there were some concerns. Commissioner Winton: OK. Ms. Gomez -Rodriguez: Right. Chairman Sanchez: And, basically, allows them to talk to the Attorney and talk to the business owners, and work it out, and then, possibly, bring it back to the Commission. Commissioner Winton: OK, good. Ms. Gomez -Rodriguez: Right. Commissioner Winton: And I'm fine with that. Chairman Sanchez: OK. Ms. Gomez -Rodriguez: Right. Commissioner Winton: And I'm going to call the different agencies in my -- Ms. Gomez -Rodriguez: Right. Commissioner Winton: -- district to make sure that we've looked at that, and like I said -- Ms. Gomez -Rodriguez: Yeah. Commissioner Winton: -- it may be -- Ms. Gomez -Rodriguez: Right. Commissioner Winton: -- it may be the perfect use. I just want to make sure that we've done the right job of looking at -- Ms. Gomez -Rodriguez: No problem. City of Miami Page 51 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Commissioner Winton: -- some of these others, and make sure we're crystal clear on that. That's my -- Ms. Gomez -Rodriguez: No problem. Commissioner Winton: -- only issue. Commissioner Allen: Right, so, Mr. -- Chairman Sanchez: Commissioner Allen. Commissioner Allen: Yeah. Mr. Chairman, so as a point of clarification, it is understood that this would -- Telemiami will be deleted -- Ms. Gomez -Rodriguez: Correct. Commissioner Allen: -- Madam Director? Ms. Gomez -Rodriguez: Correct. Commissioner Allen: OK. Ms. Gomez -Rodriguez: The modification -- Commissioner Allen: And -- Ms. Gomez -Rodriguez: -- is to put the $300, 000 on a reserve account. Commissioner Allen: Right. OK. Chairman Sanchez: OK. No further discussion. There was a public -- Vice Chairman Gonzalez: I have another one. Chairman Sanchez: -- hearing. Oh, I'm sorry. Vice Chairman Gonzalez, 1 apologize. Vice Chairman Gonzalez: Yeah. It's -- Chairman Sanchez: Sir, you have the floor. Vice Chairman Gonzalez: It's proper to -- that I speak on behalf of the Allapattah/Wynwood Community and Development Center. Commissioner Winton -- Commissioner Winton. Commissioner Winton: Oh, I'm sorry. I'm sorry. Vice Chairman Gonzalez: I just want to address the Commissioner in reference to the Allapattah Wynwood Community and Development Center. This is a daycare in Allapattah that's been trying to expand for the last five years. 1 don't know if you remember when we had the project in Wynwood -- Ms. Gomez -Rodriguez: Midtown. Vice Chairman Gonzalez:: -- Midtown -- Ms. Gomez -Rodriguez: Midtown. City of Miami Page 52 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Commissioner Winton: Yes. Vice Chairman Gonzalez: -- that Mr. Brian Finney (phonetic) was here at the Commission chambers -- Commissioner Winton: When you hit it. Vice Chairman Gonzalez: -- and I addressed -- Commissioner Winton: Right. Vice Chairman Gonzalez: -- Brian Feenie that he's been promising these non -for -profit money for the last five years, and he hasn't -- and, you know, he hasn't made a firm commitment to the money, and we had a discussion about it, but it was like nothing had happened. You know, time run and he never came through with the money -- Commissioner Winton: And now we have -- Vice Chairman Gonzalez: And the matter of fact is that if we don't fund whatever is needed to finish this project now, whatever money we have put into this specific project is going to be recaptured by HUD because we haven't expend the money -- Commissioner Winton: Yeah, yeah. Vice Chairman Gonzalez.: -- waiting for the County to come up on board and pledge their side of the commitment. Since the County hasn't kept up their word in coming up to the table and, you know, and finalize the commitment, then we decided to go ahead and do it on our own, so it will be our project. It will be a City of Miami project, and I'm sure that we're all going to be proud of it. Commissioner Winton: And I'm not uncomfortable with that one at all. Vice Chairman Gonzalez: Thank you, sir. Commissioner Winton: I'm 100 percent -- Vice Chairman Gonzalez:: Thank you. Commissioner Winton: -- in favor. Chairman Sanchez: OK. Any further debate on the resolution? It is a resolution. All in favor, say "aye." Commissioner Regalado: Mr. Chairman, Mr. Chairman. Chairman Sanchez: Yes. Commissioner Regalado: What are we voting on? Ms. Gomez -Rodriguez: You are -- Commissioner Regalado: Could you specify? Ms. Gomez -Rodriguez: We are voting to transfer from Lot Clearing, 560,203.53, from Lot City of Miami Page 53 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Clearing, 182,187.96, from Code Enforcement/NET, 132,888.75, from Code Enforcement/ Building Department, 124,016.76, and to fund Southwest Social Services, 81,300; Allapattah Wynwood Community Development Center, Inc., $290, 000; St. Alban's Daycare -- Day Nursery, Inc., $50, 000, Single -Family Rehab, 277, 997, and to put $300, 000 in a CDBG reserve. Commissioner Regalado: OK. Commissioner Allen: All right. Chairman Sanchez: OK. Commissioner Regalado. Commissioner Regalado: No, I'm fine. Chairman Sanchez: OK. Resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." The motion carries unanimously. Ms. Gomez -Rodriguez: Thank you. Chairman Sanchez: OK That takes care of all CDBG items. I believe that we have two items remaining in the agenda, and they're both pertaining to District -- Vice Chairman Gonzalez: 4. Chairman Sanchez: -- 4. City of Miami Page 54 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 ORDINANCES -EMERGENCY EM.1 04-01146 ORDINANCE Emergency Ordinance (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22 OF THE CODE OF THE CITY OF MIAMI, AS AMENDED, ENTITLED: "GARBAGE AND OTHER SOLID WASTE," BY AMENDING ARTICLE I ENTITLED: "IN GENERAL" SECTION 22-1, ARTICLE II ENTITLED: "REGULATION OF PERSONS ENGAGED IN COMMERCIAL WASTE COLLECTION" SECTIONS 22-46, 22-47, 22- 50, 22-56, 22-57 AND 22-58, AND ARTICLE III ENTITLED: ENFORCEMENT AND ADMINISTRATION" SECTION 22-93; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 04-01146-cover memo.pdf 04-01146-memo.pdf 04-01146-pre resolution.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED as an emergency measure, waiving the requirement for two separate readings PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen 12599 Chairman Sanchez: Could we move into EM.1, which is an ordinance, an emergency ordinance? 1t requires a four -fifth. Yes, sir. Executive Director, Solid Waste, state your name for the record. Vice Chairman Gonzalez: I'll move EM.1. Chairman Sanchez: There is a motion on EM.1. It is an ordinance. Commissioner Regalado: Second. Chairman Sanchez: Is there a second? Commissioner Regalado: Second for discussion. Chairman Sanchez: Second for the purpose of discussion by Commissioner Regalado. Commissioner Regalado, you have the floor. Commissioner Regalado: Thank you, very much, Mr. Chairman. I met yesterday with the Solid Waste Director and the City Attorney. One thing that I thought that it would help the City Commission and the Administration -- and Mr. Soldevilla agreed -- is that this ordinance makes the commercial solid waste companies that operates in the City to participate in what they call " neighborhood clean-ups". In that paragraph, there is a word that says "special event activities citywide. " My argument with Mario was, if we can get these companies to help with the cleaning of special events, the City Commission will be able to stretch the dollars that we have for special events more than we have now because we have to pay for in -kind services of Solid Waste and Police and Fire. Now, if Mario is able to ask those solid waste companies to work on a special event citywide, whatever it happen, we can reduce the amount of money that those promoters have to pay to the Solid Waste Department and, thereby, we could increase the special events City of Miami Page 55 Printed an 12/16/2004 City Commission Verbatim Minutes October 14, 2004 that we sponsor, or these people can come up much better, and 1 don't know if -- I mean, it says here in the ordinance "special events," so it's at the discretion of the Director to ask them to participate in special events. Vice Chairman Gonzalez: Commissioner, I will -- I promise you that I will bring it up at the next Solid Waste Committee meeting. Commissioner Regalado: That'd be great, you know, because we can stretch the dollars. Vice Chairman Gonzalez: I think you're a hundred percent right, and I will bring it up and I will have the Administration support the petition. Mario Soldevilla (Acting Director, Solid Waster): Yes, sir. Vice Chairman Gonzalez: And I'm sure that they will be willing to cooperate. Mr. Soldevilla: Yes, sir. Commissioner Regalado: That's all. Vice Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Regalado: No. It's an ordinance. Jorge L. Fernandez (City Attorney): Has to be read. Vice Chairman Gonzalez: Oh, I'm sorry. It's an ordinance. Chairman Sanchez: Before we do that, I have some questions. I apologize. I was on the phone. Commissioner Allen: Oh, sure. Chairman Sanchez: It's OK. Commissioner Regalado: You had to go. I mean -- Chairman Sanchez: I'm OK with the ordinance. I just want to make sure that we frame a question where -- we did go through a proper procurement process? Mr. Soldevilla: Yes, sir. Commissioner Allen: Yeah. OK. Mr. Soldevilla: We had an RFQ (Request For Qualifications). The RFQ -- Chairman Sanchez: And Legal, of course, is OK with this? Mr. Fernandez: Yes. Commissioner Allen: Great. Mr. Soldevilla:: Yes. City of Miami Page 56 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Chairman Sanchez: All right. Well, you know, we have made significant stride. Now, this contract expired October the 1st, correct? Mr. Soldevilla: Yes, sir. Chairman Sanchez: All right. And, basically, what this does, it's a clean -- basically, it's a clean -up ordinance. Vice Chairman Gonzalez: It's a clean-up. Mr. Soldevilla: Yes. Chairman Sanchez: It cleans it up. Now, does it address the biggest complaints and concerns that we get from the citizens pertaining to early pick-ups? You know, people calling the office saying, "Look, they're picking garbage right next to my house right now at 4 o'clock in the morning, and they just woke me up," and does it really -- I think that we've worked with the Solid Waste -- the committee that was put together has worked very hard to work with that industry to make sure that, one, we generated more money from them, which was -- Mr. Soldevilla: Right. Chairman Sanchez: -- was agreed, and then, of course, did we improve on the quality -- the service of quality that they show, so that was one concern that I had, that that issue be addressed, so -- you're OK with it, as the Executive Director? Mr. Soldevilla: Yes, sir. Vice Chairman Gonzalez:: Great. Mr. Chairman, in answer to your complaints -- to your concerns, I'm sorry, we have been discussing the early pick-ups at every single meeting, and we have put in place mechanism to make sure that we stop these early pick-ups and these type of activities that disturb the residents in the City of Miami. As a matter of fact, we even increase the fines -- Mr. Soldevilla: That's correct. Vice Chairman Gonzalez.: -- that these companies will be paying if they continue to do that activity, and the penalties go to extreme, that they can also be removed from the City list of companies picking up. Chairman Sanchez: And on that matter, 1 think that you, as the Executive Director --1 could tell you a big concern that I see when I drive through my community and, really, when I drive through the entire city. What is the industry doing to try to stop these individuals that have a two -- three -unit -- no, four -unit -- after four units, you're required to have a Dumpster -- Vice Chairman Gonzalez: Um-hmm. Mr. Fernandez.: Yes, sir. Chairman Sanchez: -- and those dump -- apparently, they order the smallest Dumpster, and then they fill it so high that the trash ends up over -spilling onto the street. Commissioner Allen: OK. Mr. Soldevilla: The ordinance has provisions for that also -- City of Miami Page 57 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Chairman Sanchez: Oh, so it does. Mr. Soldevilla: -- where there are minimum requirements based on the size of the units that they have. If it's -- and it increases according to the number of units that they have. Also, the ordinance addresses that if the service is not sufficient, it needs to be -- it has to be increased, and we have the authority to fine the owners for doing that -- to doing that. Chairman Sanchez: I just want to make sure that this ordinance addresses all the concerns -- Mr. Soldevilla: Yes, it does. Chairman Sanchez: -- that -- OK. You're comfortable, I'm OK with it then. Vice Chairman Gonzalez: Mr. Chairman. Commissioner Allen: Yes. Chairman Sanchez: Yes, sir. Vice Chairman Gonzalez: That is also an issue that 1 have been bringing up every single meeting that we have, and the responsibility lies on the City inspectors. City inspectors are the one that has to be in the lookout for this, because let me tell you, the companies, what they want to do is, they want to sell service, and if the building owner says, "Well, I'm willing to buy your service, but 1 just want to go with the smallest container and the less pick-up a week" -- Chairman Sanchez: Yeah. Vice Chairman Gonzalez: -- you know, the salesman is going to say, "Here it is, in the contract. You know, one pick-up a week, five pound container." All right, so our inspectors are the ones that have to be on the lookout, and then once the building owner gets fined, the company needs to be notified that they have to go back to this place and renegotiate another contract for more pick-ups and a larger container. Mr. Soldevilla: Right. Vice Chairman Gonzalez: Because you know that I have been talking about this in every meeting because I have that in my district, too, and I'm sure that it is all over the City of Miami. Mr. Soldevilla: Um-hmm. Vice Chairman Gonzalez: You know, these people go with the smallest container, the less amount of pick-up a week, and then you see all of these containers overflowing, you know, and you see garbage all over the parking lot, the floor, the sidewalks, so that's something that we have to work with with the Solid Waste inspectors and Code Enforcement inspectors. Mr. Soldevilla: They have, but 1 also know that the haulers have been going back to their clients to advise them of the requirements that the City has for pick-up and the size of their container that they need to utilize. Chairman Sanchez: OK. Commissioner Allen. Vice Chairman Gonzalez.: Thank you. Commissioner Allen: Yeah. / just wanted to point out. I'm in favor of the ordinance, but if I City of Miami Page 58 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 may, I'd like to ask the Director, since there are -- appears to me to be some -- some of the changes in this particular ordinance, could you just give us the rationale for extending it to five years? And, I believe, there's another area where you're lowering the threshold with respect to the permit fee and the like. Mr. Soldevilla: Yes. The initial contract that was done was done for five years. This is a -- the second contract that -- the second franchise agreement that comes into place. It is also for five years, but we've -- but we have extended it for -- or we give them the opportunity to extend, at the City's discretion, for an additional fee or three-year term. The annual franchise fee that they have to pay was also the first five years laid flat at $5, 000. Under the new contract, that fee increases by $500 a year each year. Chairman Sanchez: OK. Mr. Soldevilla: So it brings the City additional revenues. It also does that for the specialized waste haulers, where before they had to bay $1, 000 annual fee. Now it's $1, 000, plus an additional $500 every other -- every year increasing. The new agreement also increases the percentage of the gross receipts that they have to pay. Previously, it was 20 percent. It is now 22 percent. In order to work with some of the per -account fees that they have to pay, initially, they had to pay $100 at the beginning of October, and then it was prorated down every month until -- in September, it was zero for any new accounts that they brought in. This new contract, what it does is, it takes the medium point and it has them pay $50 at the beginning of the year because, basically, it's a lot, and since we increased the percentage, it's been more beneficial to the City, OK, so that's what the contract does, and that was the rationale behind it. Also, in handling the per -accounts and the roller fees, it was really an administrative nightmare to keep up with it. Commissioner Allen: Right, and 1 would also assume you've increased the threshold with respect to any penalty clauses -- Mr. Soldevilla: That's correct. Commissioner Allen: -- in this, correct? Mr. Soldevilla: Yes. On this, we did. We increased the penalty and, specifically, as Commissioner Gonzalez was talking, for the early pick-up. Normally, that was a $250 fine for doing it. Now, we have increased it from 250 for -- to 250 for the first offense, 500 for the second offense, and 1, 000 for the third offense, or any offense thereafter, so it's significant. Commissioner Allen: OK. Thank you. Chairman Sanchez: Yeah. Just --1 think Commissioner Allen wasn't here and some of the Commissioners weren't here when we first -- I first got elected in 1998, one of the first things that the Commission appointed me to was to deal with nearly -- put together a committee, and first of all, let me say, Commissioner Gonzalez has done a great job taking on after me, but 1 was -- when we first started sitting down, let me just say, that industry, which, you know, you would hear things before I got there, but it turned out to be a bunch of gentlemen [sic] that -- it was an industry that didn't have any controls, and after sitting down and fine-tuning and addressing all the concerns that we had, we walked away with the City generating $2, 600, 000, if I'm not mistaken, and creating some regulations to protect, not only the consumers, but also protect them. Commissioner Allen: Yeah. Chairman Sanchez: And I think that now this ordinance adds onto that and it just fine-tunes it City of Miami Page 59 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 even better, so it's goes to show you that, you know, it does work when we sit down and -- Commissioner Allen: Yeah. Chairman Sanchez: -- we're able to work, so once again, 1-- it was -- for me, it was a pleasure to sit down --1 thought it was going to be much, much harder, but the industry was very professional about it. Mr. Soldevilla: And the haulers are very sensitive to our needs and they're very responsible also, and have been. Chairman Sanchez: All right. It's an ordinance. Was there a motion? Frank Kreutzer: Mr. Chairman, may I make -- Chairman Sanchez: Yes, sir. Of course. Mr. Kreutzer: May I -- thank you. I'm Frank Kreutzer. I'm the attorney for General Hauling. We are the largest small hauler in the City of Miami. When 1 say the largest small, I mean we're infinitesimal compared to the Waste Management, BFI (Brown & Ferris Industries) and Republic, but there are a grouping of small haulers in the County that do a good job, and the truth is, Mr. Chairman, that I think they gave you this when you were a rookie Commissioner because they weren't sure what they were going to do with it, but you did move it, and Vice Chairman Gonzalez, you've stepped into that because I'm the owner -- the youngest three - generation owner of my business, General Hauling, that I represent. It's a three -generation operation -- is a member. That's Ben Bush, so he tells me what's going on, so Mr. Chairman, you get a lot of credit for this because it was one that nobody wanted to touch. Mr. Soldevilla: That's right. Mr. Kreutzer: And we're very grateful to you for the comments that both you and you've made today regarding the integrity. Our concern is great on that issue of people taking two small containers and then letting it overflow, so we care a great deal about that, and we want to urge - - because number one, it's good for our business, but more importantly, it relieves the tension between our business and the staff because they're always saying, we want this cleaned up and we say, we want it put in a proper size bin, that way we don't have to worry about picking it up, so we would encourage that kind of good enforcement. We know we're working on that. I'm here on two issues, really, today, rather narrow, to confirm that the pick-up time will be 11 p.m. and not 10 p.m., and I see the change here. I just want to make sure that staff is committed to that, because that's important -- more important for the small haulers than the large haulers, but important to everybody. Chairman Sanchez: Counsel, is it on the agreement? Mr. Soldevilla: Yes, sir. Mr. Kreutzer: Yes, it is. Chairman Sanchez: Then it's written in stone. Mr. Kreutzer: So that -- I'd like also to feel comfortable. The staff has requested that we sign some amendments to the original one. Vice Chairman Gonzalez: That's right. City of Miami Page 60 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Mr. Kreutzer: But if we sign them, that we don't find ourselves in a bind, is that a -- there won't be a problem with 11 o'clock pick-ups? Mr. Soldevilla: No. Let me explain it. Commissioner, the -- Mr. Kreutzer: We don't want to make trouble where there isn't trouble, I assure you. Mr. Soldevilla: No, no, there isn't. Let me explain what happened was, is that this really should have been brought to you in September, due to the fact that we -- all the hurricane activity that we had, it was delayed and we're bringing it in now, OK? The new contract comes into effect October 1st, so there is a companion item to this, which is a resolution. That resolution allows the haulers to function under the old terms for one month, until this emergency ordinance has been adopted. At which point -- Chairman Sanchez: But that's -- EM.2 does that. Mr. Soldevilla: That's correct, it does. Chairman Sanchez: OK. Mr. Soldevilla: So yes, the answer is -- the short answer is yes, the new contract change the hours, and it was a -- as a result of compromise between our negotiations. Mr. Kreutzer: And we'll be able to pick up until 11 -- Mr. Soldevilla: Yes. Mr. Kreutzer:: -- during that period, as well? Mr. Soldevilla: Yes. Mr. Kreutzer: Terrific. We're very grateful, and that committee that you put up has been wonderful. The interaction between the industry staff and the Commission has just been outstanding. You were the one that attended those meetings, initially, Mr. Chairman, yourself in putting it together, so it's a wonderful opportunity and an example to show what's doable in a partnership between an industry and its regulators, and we're grateful to the regulators for listening to the industry. It's been a long history in government in Dade County, in South Florida, where regulators just regulate and don't listen, so we're very grateful -- Chairman Sanchez: Thank you. Mr. Kreutzer: -- for that partnership. Chairman Sanchez: Thank you so much. Vice Chairman Gonzalez: Thank you. Chairman Sanchez: No further discussion from the Commission. Mr. City Attorney, could you read the ordinance or do you -- would you like me to read it? Mr. Fernandez: Yes. "An emergency ordinance of the Miami City Commission amending Chapter 22 of the Code of the City of Miami, as amended" -- Chairman Sanchez: Mr. City Attorney, I'll read it. City of Miami Page 61 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Commissioner Allen: Yes. Chairman Sanchez: I'll read it for you. The Ordinance was read by title into the public record by the Chairman Sanchez. Chairman Sanchez: Madam Clerk, Roll call. Sylvia Scheider (Assistant City Clerk): Roll call. Chairman Sanchez: The ordinance has been approved unanimously. Ms. Scheider: That's an emergency. I'm sorry. I need another roll call. Chairman Sanchez: Oh, you do? Oh, that's right. It's a -- Roll calls were taken, the results of which are stated above. Ms. Scheider: It passes -- Chairman Sanchez: The ordinance has been -- Ms. Scheider: -- on emergency, 5/0. Chairman Sanchez: All right. The ordinance has been approved. Commissioner Winton: Mr. Chairman. Chairman Sanchez: Yes, sir. You're recognized. Commissioner Winton: 1 don't know what item this was. It was on the commercial hauling issue and, clearly, I was asleep at the wheel, but I want to make sure that we're clear, for the record, what we've done here and, Mr. Manager, 1 think that --1 think y'all -- Mr. Manager. Joe Arriola Chairman Sanchez: 1 believe that was El, Commissioner. Commissioner Winton: He does not like to be called Mr, Manager. Joe Arriola (City Manager): I don't. Commissioner Winton: Y'all need to hear this. Chairman Sanchez: But, Commissioner Winton, before we do that, just for the record, were you going to be discussing El? Commissioner Winton: I'm sorry? Chairman Sanchez: EM.1. Commissioner Winton: Oh, that was EM. 1? Chairman Sanchez: Yes. Commissioner Winton: OK, and Commissioner Allen brought it up, but I was still asleep at the City of Miami Page 62 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 wheel. Because if I understand this, what we've done here, the annual franchise fee for the haulers starts at 5,000 and increases by 500 a year, and specialized haulers starts at 1,000 and increases by 500 a year; franchise fee increased from 20 to 22 percent. This sounds to me like -- and maybe I'm missing something here, but I know that we made a commitment to our residents that we weren't going to increase garbage fees to our residents for five years. Well, this impacts two kinds of people in our community. It impacts residents who live in condominiums because City doesn't haul their trash; these folks do, and it impacts business owners who provide jobs for our citizens and business owners who live in the City of Miami, and it seems to me that what we've done is just increased their garbage rates substantially. Mario Soldevilla (Acting Director, Solid Waste): No. Commissioner Winton: Am I missing something here? Mr. Soldevilla: Yes, Commissioner. Mario Soldevilla, acting Director of Solid Waste. The annual franchise fee is not a fee that is passed on to the -- Chairman Sanchez: Yeah. They can't pass it on. Mr. Soldevilla: -- consumer. Commissioner Winton: They're not allowed to? Chairman Sanchez: No. Mr. Soldevilla: No. That is a fee that the haulers pay so that they have access to be a -- Commissioner Winton: Yeah. Mr. Soldevilla: -- franchise -- Commissioner Winton: Yeah, yeah, but you're hallucinating. There's no way in hell that you, as government, are going to charge my business a new fee and I'm not going to raise my rates. Commissioner Regalado: That's right. Commissioner Winton: You control their rates? Mr. Arriola: Yeah, yeah. Commissioner Regalado: No. Commissioner Winton: You control the private haulers' rates? Mr. Arriola: Wait, wait, wait. Mr. Soldevilla: No, we don't control their rates. Commissioner Regalado: No. Mr. Arriola: Wait, wait. Commissioner Regalado: You're right. You're right. Mr. Soldevilla: No, we don't control their rates. City of Miami Page 63 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Mr. Arriola: Listen -- Commissioner Regalado: Totally right. Mr. Arriola: Let me chime in in here because you really need to specify this. You got to answer the question correctly. While you've gone up two points, you already took some other stuff off that neutralizes the whole thing, and everything comes out neutral, and 1 think you better specify that, that all you've done is basically -- Commissioner Winton: Revenue neutral's a good thing. Mr. Arriola: Yes, and that's exactly -- Commissioner Winton: I don't hear this. Mr. Arriola: -- what you've done, and you need to be very clear on this because it doesn't look -- it sounds like we increased it, and all we did is have a -- we call it new procedure of how we do our fee, but it is revenue neutral. Commissioner Winton: So it's -- Mr. Arriola: I wish we could get more money, by the way. Commissioner Winton: Explain the revenue neutrality -- Mr. Arriola: Yeah. Commissioner Winton: -- in this. Mr. Soldevilla: Here's -- when you -- previously, we used to charge $100 per month for any new account that they brought on, OK. This $100 was prorated over time, depending on when the new account came in. Now, instead of charging $100, we have a one-time $50 fee which, by the way, they are allowed to pass on $24 to the service, which is -- Vice Chairman Gonzalez: But this is only -- Mr. Soldevilla: -- but that's reduced. Commissioner Winton: So now -- Vice Chairman Gonzalez: -- this is only on new accounts, right? Mr. Soldevilla: Yes, this is new accounts. Vice Chairman Gonzalez: Only on new accounts. Mr. Soldevilla: Well, any account that they have, whether -- you know, the thing is is that, you know, you have accounts that come in during the year and any new -- (UNINTELLIGIBLE) from one hauler to another -- Vice Chairman Gonzalez: Right. Mr. Soldevilla: -- but it's considered a new account -- City of Miami Page 64 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Commissioner Winton: So are you saying that -- Mr. Soldevilla: -- to the hauler. Commissioner Winton: -- the per account reduced from $100 a month, is what they used to pay? Mr. Soldevilla: No, $100 per year. Commissioner Winton: $100, and now it's reduced to $50 a year. Mr. Soldevilla: 50, correct. Half Commissioner Winton: Oh, well, that -- OK, and I'm -- OK. Mr. Soldevilla: Also, when -- before, they used to -- Commissioner Winton: Oh, and with the number -- so what you're saying is that with the number of customers they have -- Mr. Soldevilla: Right. Commissioner Winton: -- this reduction of $50 per year, per customer -- Mr. Soldevilla: Yes. Commissioner Winton: -- makes the revenue neutral part tied to the $500 per year in additional -- is that what you're saying? Mr. Soldevilla: Correct. Commissioner Winton: Who provided you the formula? Mr. Soldevilla: And the -- Commissioner Winton: Who read -- Mr. Arriola: They worked it out. Commissioner Winton: -- who looked -- Mr. Soldevilla: We worked it out. Commissioner Winton: -- at the data? Mr. Arriola: Yeah. Commissioner Winton: Who looked at the data to make -- Mr. Arriola: This was something that was really -- and Commissioner Gonzalez was a part of this whole thing. This was basically something to expedite the way we did business. We have so much paperwork and so many things to file -- Commissioner Winton: Oh, this went through your committee, Commissioner Gonzalez? Mr. Arriola: Yeah. This came out of the -- City of Miami Page 65 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Commissioner Winton: So it was rev -- Mr. Arriola: -- committee with -- Vice Chairman Gonzalez: Yeah, this went through the committee. Commissioner Winton: It was revenue neutral? Mr. Arriola: Yes. Vice Chairman Gonzalez: Correct. Commissioner Winton: OK, I'm done. Thank you. Mr. Arriola: OK. Vice Chairman Gonzalez: And the thing is, also, there was another adjustment -- that I can't recall right now -- that it was related to a percentage after they -- they had to have an audit every year to adjust the percentage of contribution to the City, and this was a suggestion of the companies, you know. To make it easy for them to cut on paperwork and administration and all of that, they went to a flat fee. 1 can't remember exactly what -- Mr. Soldevilla: We're talking about the permit fee for roll -offs.. Vice Chairman Gonzalez: The permit fee, exactly. The permit fee for roll -offs. Mr. Soldevilla: That's another reduction that we did. Before, it was $50 every three months for a roll -off that was placed at a construction site, or any site where there was going to be debris removal. Now, they only pay $50 one time, effective October 1st, for those that they have, so there's another -- Commissioner Winton: I'm done. Mr. Soldevilla: -- reduction there. Commissioner Winton: Thank you. Commissioner Regalado: Yeah. Vice Chairman Gonzalez: All right. Chairman Sanchez: All right. EM.2 04-01142 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING THE CITY OF MIAMI COMMERCIAL SOLID WASTE FRANCHISE AGREEMENT(S) ("AGREEMENTS"), IN SUBSTANTIALLY THE ATTACHED FORM, APPROVED PURSUANT TO RESOLUTION NO. 04-0496, ADOPTED JULY 22, 2004; APPROVING THE ADDENDUM TO SAID AGREEMENT(S); AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT(S) AND SAID ADDENDUM(S), IN SUBSTANTIALLY THE ATTACHED FORMS, WITH QUALIFIED PROVIDERS FOR SAID SOLID WASTE SERVICES. City of Miami Page 66 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 04-01142-cover memo.pdf 04-01142-pre resolution.pdf 04-01142-exh ib it1. pdf 04-01142-exh i b it2. pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0672 Chairman Sanchez: We go to EM.2, which is a resolution, and that basically -- Mario Soldevilla (Acting Director, Solid Waste): It's what I explained. Chairman Sanchez: It's self-explanatory. Mr. Soldevilla: Right. Commissioner Allen: Um-hmm. Mr. Soldevilla: It's what I explained Chairman Sanchez: Yes. Mr. Soldevilla: That this allows them to function for the -- it's a stop -gap measure between -- Chairman Sanchez: For a month. Mr. Soldevilla: For a month. Commissioner Allen: For a month. Chairman Sanchez: OK. Is there a motion on the resolution? Vice Chairman Gonzalez: I'll move EM2, Mr. Chairman. Chairman Sanchez: There's a motion by the Vice Chairman. Is there a second? Commissioner Allen: Second. Chairman Sanchez: Second by Commissioner Allen. It's open for discussion with the Commission. Hearing none, it's a public hearing. Anyone from the public wishing to address this Commission, please step forward. I don't believe it's a public hearing. OK. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." The resolution passes unanimously. City of Miami Page 67 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 ORDINANCES - SECOND READING SR.1 04-00779 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 14/ARTICLE V/SECTION 14-251 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT DISTRICT AND COMMUNITY REDEVELOPMENT AGENCY/GENERALLY/DEFINITIONS," CHANGING THE GOVERNING BODY PROVIDING FOR FOUR OF THE SEVEN MEMBERS TO BE NOMINATED BY THE MAYOR AND PROVIDING FOR THE DIRECTOR OF THE DEPARTMENT OF CAPITAL IMPROVEMENTS TO ACT AS DIRECTOR; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE OF SEPTEMBER 30, 2005. 04-00779-cover memo.pdf DEFERRED A motion was made by Commissioner Allen, seconded by Commissioner Winton, and was passed unanimously, to defer item SR.1 to the Commission meeting currently scheduled for December 9, 2004. Note for the Record: SR.1 and SR.2 were discussed together. See minutes notation following SR .2. SR.2 04-00783 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 14/ARTICLE V/SECTION 14-251 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT DISTRICT AND COMMUNITY REDEVELOPMENT AGENCY/GENERALLY/DEFINITIONS;" CHANGING THE GOVERNING BODY, PROVIDING FOR FIVE OF THE SEVEN MEMBERS TO BE NOMINATED BY THE CITY COMMISSION AND PROVIDING FOR THE EXECUTIVE DIRECTOR TO BE SELECTED BY THE COMMUNITY REDEVELOPMENT AGENCY BOARD; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 04-00783-cover memo.pdf DEFERRED A motion was made by Commissioner Allen, seconded by Commissioner Winton, and was passed unanimously, to defer item SR.2 to the Commission meeting currently scheduled for December 9, 2004. Direction to the City Attorney by Chairman Sanchez to draft an ordinance to be considered at the meeting currently scheduled on December 9, 2004, which is to be in full compliance with Chapter 163 of the Florida Statutes and which will restructure the Community Redevelopment Agency (CRA) by: replacing its board of directors, who are currently the five City of Miami Commissioners, with a seven member board: one appointment to be made by each City Commissioner and two appointments by the Mayor; with staggered terms and the authority to hire the executive director of the CRA for both districts, Southeast Overtown/Park West and Omni; further directing the City Attorney to review the City Code section related to this matter City of Miami Page 68 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 in order to conform with all applicable laws. Chairman Sanchez: OK. We go back to -- are we already in SR. 1? OK. Let -- let me just pass the gavel. SR.1 is an ordinance pertaining to the CRAs (Community Redevelopment Agencies) and so is SR.2, if I'm not mistaken, which is mine. SR. 1 was an ordinance that was presented to the Commission by Commissioner Teele, and SR.2 was a motion that I presented pertaining to the CRA and, of course, you -- we all know that we have worked very hard to establish credibility and transparency at the CRA, and 1 think that we have made tremendous efforts in the process. We have --1 have consulted with the City Attorney on this matter. As a matter of fact, I've also consulted with the City Attorney from the CRA, and responding to the City Attorney memo on SR. 1 and SR.2, it is my understanding that there are flaws on both of the reso -- on the resolutions, SR.1 and SR.2, and what we'll be asking today is that -- I will be making a motion to direct the City Attorney to write one CRA ordinance and have it prepared for November City Commission meeting, and that single CRA ordinance should include the following, which I'd like to state for the record: One, that a -- full compliance with Chapter 163, which sets out our CRA operation. Of course, as we know, the CRA is a creature of Florida Statute, and the body that would replace -- the body, which is a governing body, would replace the five Commissioners that now serve as the CRA Board, so therefore, the governing body, which will be the Commission for the CRA, will be removed, and we will appoint shareholders of the community to represent all three, and basically, it's my understanding, under the ordinance, that really there are two CRAs and we have to define that, so what we want to do here is make sure that we do have an ordinance that meet all the guidelines and regulations so we don't have to come back and forth and amendment it. Also, would be an appointment to serve as the Commission for both the Omni and Southeast Overtown/Park West CRA; said body would be composed of seven members, one appointment made by each City Commissioner and two appointments by the Mayor. The full City Commission would individually confirm each of the appointments. The citizen member will serve staggered terms, as followed -- and 1 believe that Jim is working on that as the language to make sure, or Mr. City Attorney, would you like to put anything on the record pertaining to that? Jorge L. Fernandez (City Attorney): That's provided by statute, and we need to follow exactly what the state statutes provide for the terms. Chairman Sanchez: OK, and once again, this are the things that 1 think that we have been able to do research on, that we direct the -- Commissioner Allen: Correct. Chairman Sanchez: -- Legal to come back to make sure that the ordinance is done properly. One is that the seven -member citizen board will have control over hiring an executive director to serve -- Commissioner Allen: Right. Chairman Sanchez: -- as the chief executive for both the Omni and the Southeast Overtown/ Park West, and then, of course, in doing the research, we found out that the City Code itself has some mistakes, and therefore, we ask also that Legal, through the expertise of counsel from the CRA, come back and clean up of the City Charter as it pertains to our City Code. Commissioner Allen: Right. Chairman Sanchez: Therefore, we want to make sure that we bring them back and we don't have this legislation that has loopholes. Commissioner Allen: Right. City of Miami Page 69 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Chairman Sanchez: And I think it's just in the best interest of this. We all want the CRA, of course, to be the best mechanism in place for the CRA so we could keep redevelopment, momentum going in the Omni and share the City's economic wealth, along with Overtown/Park West. Commissioner Allen: Yeah. Chairman Sanchez: So I think this is a step in the right direction. We worked at it very hard, and this is -- the action that we need to take here, for the record, is that we need to abolish or vote down or withdraw whatever it may take SR.1 and SR.2, and then follow that motion, which I just put on the floor. Vice Chairman Gonzalez: OK. Commissioner Allen: Right. Mr. -- Vice Chairman Gonzalez: Commissioner Winton and then Commissioner Allen. Commissioner Allen: Yes. Vice Chairman Gonzalez: Commissioner Winton. Commissioner Winton: I think that we have to set the tone, this Commission has to set the tone for the policy that this new board's going to follow, and I don't think there's a well-defined plan for what the CRA ought to be doing, and that's number one. Number two, the life span of the CRA, its legislative life span, I think is ratcheting down to something in the neighborhood of 12 or 13 years remaining. I feel very, very, very strongly, very strongly that when this new board's created -- and this is the debate that 1 think we all ought to have. I'm just telling you how I feel. I don't know how you all feel, but I feel very strongly that the function -- the funds that the CRA takes in -- and those funds are going to start skyrocketing because everybody's now building in the CRA district, so those funds are going to skyrocket, that the lion's share of those funds need to be spent on capital improvements in every square inch of the CRA district boundaries for public sector improvements, lighting, landscaping, sidewalks, street improvements, water and sewer, you know, real infrastructure improvements that help attract private sector dollars to spend hundreds of millions in rebuilding neighborhoods, not spent on whatever it's been spent on for the last forever. Problem with -- and so the natural step is to bond that money out. If you bond it out, nobody's going to -- it can't get glommed onto and spent on stuff. That just disappears into the clear blue sky, but with a 12 year remaining life cycle, you probably -- I don't even know if you can issue bonds on a 12-year payback, but even if you do, it doesn't give you very significant capacity, and 1 think we have an extremely golden opportunity here, because if you remember in our parking surcharge, the new legislation we passed, 20 percent of the proceeds of the parking surcharge money -- and that money's going to be increasing, too -- has to be spent on capital improvements for the -- what's defined as the downtown area and the law defined the downtown area as downtown Miami and downtown Coconut Grove, so they'll be split, but there's almost 2,000,000 a year in that NAP (Network Access Point) today. The Downtown Development Authority, which I chair -- I've had this discussion with -- at the last two board meetings -- their revenues are going to start climbing dramatically, and I'm suggesting to our board that we take a reasonable chunk of projected future revenues, put it in the pile with the money that we have to spend on capital improvements downtown with the parking surcharge money, and then you -- now, these -- there are some legal issues here that we've got to work through, and so I'm not assuming those kind of difficulties, but I'm just trying to get people to think about kind of a global issue, and then you take the huge revenue increases that could be coming from within the CRA district boundaries -- and that money has to be spent in those boundaries, so it's easy to figure this out -- but you could end up with a revenue stream that is dramatic, that we could bond out by all of these entities -- the Downtown Development City of Miami Page 70 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Authority, which is proper owners paying a special tax, the parking surcharge and CRA revenues -- that could have a lasting, lasting impact on public sector improvements for every square inch of this whole area, including the CRA district boundary, so the --1 think we have a really unique opportunity, so 1 want to have a debate --1 think we are the ones -- I'm all in favor of changes. 1 never -- I haven't liked this board make-up for a long time, but I think we're the ones who have to set the policies for the new board that's coming in, and that policy -- our -- what we have as an option is, you're going to spend the lion's share of your money where you're overseeing capital improvement projects and somebody develops a plan, and that's where the lion's share of the money's going to go versus the current system, which allows it to go anywhere somebody on any particular whim decides it wants to go, which I think is a total waste of resources, so I just -- that's my point. Sorry. Vice Chairman Gonzalez: Thank you. Commissioner Allen. Commissioner Allen: Yes. Thank you, Commissioner. I'd just like to point out, procedurally, 1 note here, the Chairman either suggested voting down this issue and/or, if I'm not mistaken, perhaps we can postpone this to a later date. I would largely urge that we postpone this, and that gives me an opportunity to fully examine -- this is a very hot issue, as you very well know, and with respect to all the capital investments that's going to flow to that community -- we need to determine, as you said, an overall plan how to approach and attack this. I've met with the respective departments, particularly the City Attorney's Office. I do understand there are some concerns. They're reconciling this with the appropriate state statutes, and 1 clearly agree with them, with respect to my legal background, as well, so having said that, I guess I'd like to perhaps make a motion that, at the very least, that we postpone this, which gives me an opportunity to fully study this, until perhaps maybe the second meeting in November or -- I don't know procedurally, with respect to the Mason Rules, voting down or postponing, does it have the same effect? And 1 guess 1 can -- Commissioner Winton: No. 1 think -- Commissioner Allen: -- defer it. Commissioner Winton: -- postponing is the right approach -- Chairman Sanchez: Yeah. Commissioner Winton: -- and 1 would second your motion. Commissioner Allen: If I could -- Chairman Sanchez: Postponing would be the right approach on this. Commissioner Allen: OK. Commissioner Winton: I'll second your motion. Chairman Sanchez: OK. There is -- Commissioner Allen: Yes. Chairman Sanchez: -- a motion and a second. Discussion. 1 certainly don't have a problem with it. Commissioner Allen: Yes. City of Miami Page 71 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Chairman Sanchez: 1 think it's always been -- in my -- in our best interest to try to fine-tune what I consider to be a role that -- you know, wearing two hats, to me, was very confusing, and what 1 think that we should do is basically turn it over and I think that's -- I think it's always been to turn it to shareholders or stakeholders in the community to decide what's in the best interest to the entire CRA and itself, so I'm more than fine with it. 1 want to give you as much opportunity as 1 can to make sure that, you know, you come on board -- Commissioner Allen: Right. Chairman Sanchez: -- and you know the process, so I don't have a problem. Is it that you want to just defer everything or do you want to -- or would -- Commissioner Allen: Well, that's the question. Again, concept -- Mr. Chairman. Chairman Sanchez: Because both -- it's my understanding that the attorneys on both sides are saying that SR.1 and SR.2 are both wrong. Mr. Fernandez: Correct. Commissioner Allen: Correct. Chairman Sanchez: So no matter what, if we did away with both of them, it would be just a motion to deny both and then wait on this and come back with a creative ordinance that we could all agree on, based on your input, as well as all the Commissioners here -- Commissioner Allen: Right. Chairman Sanchez: -- and the City Attorney, especially under the advisement of a CRA -- Commissioner Allen: RA. Chairman Sanchez: -- attorney -- Commissioner Allen: Great. Chairman Sanchez: -- which I'm telling you, the CRA's a creature of its own, to make sure that we put together the appropriate legislation. 1 certainly don't have a problem with it, Commissioner. Commissioner Allen: And -- Commissioner Winton: I think the motion simply states that we're moving to defer any further discussion about CRA -- whatever these numbers are, SR.1 or SR.2, until the City Attorney comes back with a plan that he feels strongly -- Commissioner Allen: Correct. Commissioner Winton: -- meets Chapter 163 rules and regulations, and we bring this debate back up again. Commissioner Allen: And 1 agree, and again, it's not that we -- we probably agree conceptually with the purpose and intent of this, but however, one would need further time to examine this, and that's what we would move with respect to both SR.1 and SR.2. Chairman Sanchez: OK. City of Miami Page 72 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Commissioner Allen: OK. Chairman Sanchez: Commissioner Regalado. Commissioner Regalado: Let's not forget also that we had -- or we have an Oversight Board that we need to hear what these ladies and gentlemen have studied throughout the month. I think that, first of all, we do need to give the area Commissioner enough time to understand everything . We need to have also the report from the Oversight Board, and I -- Chairman Sanchez: Second meeting in November. Commissioner Regalado: -- completely, fully agree with Commissioner Winton, because this is a citywide issue. We decide what's good for downtown and, yet, there is a DDA (Downtown Development Authority) who then take care of the details, but the big picture is decided at this City Commission level; example, the parking surcharge. The City Commission said, you know, 20 percent goes for improvement of infrastructure in downtown. We need to have addition for the area, which everybody should have input, especially the area Commissioner, and then set the policy and then proceed with the appointment of the people that would be running, so I -- you know, I can wait. 1 don't know if we're going to have two meetings in December. We usually don't, but that is -- that's up to the Chairman. Commissioner Winton: The next meeting that the City Attorney can -- Chairman Sanchez: OK. There's a motion to defer SR.1, SR.2, and any matter pertaining to the CRA to the second meeting of November. There's a motion by -- Joe Arriola (City Manager): There's only one meeting. Commissioner Allen: That was a motion -- Vice Chairman Gonzalez: There's only one meeting. Chairman Sanchez: There's only one meeting? Well, Commissioner Allen. Commissioner Regalado: The first meeting of December. Commissioner Winton: Yeah, first meeting in December. Commissioner Allen: Right, the first meeting in December, a date certain. First meeting in December. Chairman Sanchez: First meeting of December, which is perfectly -- OK. Commissioner Allen: Great. Chairman Sanchez: There's a motion by Commissioner -- Commissioner Winton: Allen. Chairman Sanchez: -- Allen and -- Commissioner Winton: Second by me. Chairman Sanchez: -- second by Commissioner Winton. It is open for discussion. No City of Miami Page 73 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 discussion. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion passes unanimously. City of Miami Page 74 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 RESOLUTIONS RE.1 04-01084 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. 03-04-066, THAT THE FIRMS MOST QUALIFIED TO PROVIDE EMPLOYEE BENEFIT HEALTH PLANS, ARE CIGNA, FOR PART A, C, AND D SERVICES, AND UNITED BENEFITS/ COMPANION LIFE, FOR PART B SERVICES, EACH FOR A THREE-YEAR PERIOD WITH THE OPTION TO REVIEW TWO ADDITIONAL TWO-YEAR PERIODS; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 04-01081-cover memo.pdf 04-01 081 -memo.pdf 04-01081-estimated savings.pdf 04-01081-pre resolution.pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0673 Direction to the Administration by Commissioner Allen to ensure that the company selected by the City to provide health insurance to its employees has health care providers which reflect the demographic makeup of the City of Miami so that District 5 residents do not have to travel outside their district to obtain medical attention. Chairman Sanchez: OK. We -- RE. 1, it's a resolution. City staff Commissioner Winton: So moved. Vice Chairman Gonzalez:: Second. Chairman Sanchez: OK, but 1 would like to always have -- when we have an item like this, to have the Administration here just in case -- please step forward -- just in case there may be any questions. Commissioner Allen: Yes. Commissioner Winton: One or the other. Joe Arriola (City Manager): Both of you. Vice Chairman Gonzalez: Don't be afraid. Commissioner Allen: Great. Dania Carrillo: For the record, Dania Carrillo, Director of Risk Management. Commissioner Allen: Yes. City of Miami Page 75 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Ms. Carrillo: And Ramona Fiumara, Assistant Director of Risk Management, who headed the -- was the chairman of the commission that studied the proposals. Commissioner Allen: Yeah. If I may, Mr. Chairman. Chairman Sanchez: Yes, sir. You're recognized. Commissioner Allen: Yes. This concerns the winnowing down of three healthcare providers on behalf of the City employees, am I correct? Ms. Carrillo: We needed to negotiate -- Commissioner Allen: Right. Ms. Carrillo: We sent out an FRP [sic], and we needed to negotiate the contract -- Commissioner Winton: Would you step closer to the microphone, please? Ms. Carrillo: -- for health benefits. Commissioner Winton: Pull the microphone down. There you go. Commissioner Allen: Go ahead Ms. Carrillo: Yes. Commissioner Allen: In effect, we've selected, pursuant to an RFQ (Request For Qualifications), three healthcare providers to provide the healthcare services for the employees of the City of Miami, correct? Ms. Carrillo: Correct. Commissioner Allen: Right, and in the evaluation process, obviously, you're in a position -- you're in a position now to negotiate with these respective entities, correct? Ms. Carrillo: Correct. In fact -- Commissioner Allen: Right. OK. My concern is -- and if you could, take this into account in your evaluation with respect to these three entities -- the fact that there have been occasions, in my experience in life, that minority physicians have been summarily dropped from many of these programs, these HMOs (Health Maintenance Organizations) and these PPOs (Peferred Providers Organizations), and what I would like to make sure of is that, perhaps, these particular providers can assure you that they do have respected physicians that are reflective of the demographic make-up of the City of Miami, be it Hispanic, black, other ethnics and -- Ms. Carrillo: OK. Commissioner Allen: -- therefore, for example, if individuals who are in my district, District 5, do not have to travel pretty far away to just to see a physician -- Commissioner Winton: Um-hmm. Commissioner Allen: -- perhaps, there may be a physician within the District 5 that's part of this plan, and to make sure that they do not summarily just bump or eliminate certain physicians. If City of Miami Page 76 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 you can consider that in your evaluation process, in terms of your negotiations with these perspective healthcare providers, 1 think that will go a long way, and it will clearly satisfy the constituents in my district, as well. Ms. Carrillo: I understand your concern, sir. Commissioner Allen: Yes. Ms. Carrillo: Yes. Commissioner Winton: Well, what -- is there an answer to that? Commissioner Allen: I -- Ramona Fiumara (Assistant Director, Risk Management): 1-- yeah. Commissioner Allen: Right. Ms. Fiumara: For all of -- we did a demographic -- Commissioner Winton: Name. Ms. Fiumara: Ramona Fiumara, Assistant Director of Risk Management. We did do a demographic analysis to make sure that there was appropriate access for all employees. This actually -- Cigna won the contract. They have been our carrier for many, many years. Commissioner Allen: Right. Ms. Fiumara: So we have not had a problem in terms of employees being able to access in all the districts, you know, represented here. Commissioner Allen: Right, and you would get an assurance with respect to the doctors that are part of the plan that they are reflective of various ethnic groups? Ms. Fiumara: Yes, Commissioner. Commissioner Allen: And that you're cognizant of the fact that perhaps these healthcare providers, over the years, have summarily dismissed these particular physicians without question, and there's no ability to appeal, so I want you to be aware of that because, from my experience, that's been a practice out there that no one's ever addressed, and again, I want to make sure that, you know, the constituents in my district do have the opportunity to meet and be treated by these respected physicians. Ms. Carrillo: 1 understand, Commissioner. In fact, one of the things that we can do is, administratively, we can continue track throughout the contract -- Commissioner Allen: Right. Ms. Carrillo: -- that if there -- physicians that dropped from the plan, that the plan manager for Cigna introduces new alternative physicians to create that balance that you're looking for. Commissioner Allen: Right, right. OK. Again, reflecting the make up of the City employees, right? OK. Thank you. Mr. Arriola: Can I make a little comment in here? City of Miami Page 77 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Vice Chairman Gonzalez: Yeah. Mr. Arriola: 1 was going to keep my mouth shut on this thing, but I want you guys to know that the work of these two ladies -- we've been using Cigna for what, 14 years? Ms. Carrillo: Correct. Mr. Arriola: 14 years. Through their hard work, we able to keep the same company to keep our employees happy without having to go through a traumatic change that usually happens, but just in the fee that we were getting charged from Cigna -- the same company for 14 years -- because of their efforts, just the fee itself, $500, 000 came down, so this is something that 1 really wanted to show you; that these ladies been with us about a year. They have worked very, very, very hard, and I publicly wanted to tell them how much we appreciate it, the City, the Administration appreciates all their great effort. Same company, took $500, 000 off because they worked at it. Commissioner Allen: Good Thank you very much. Commissioner Regalado: And what are we going to get in return -- Vice Chairman Gonzalez: We -- Commissioner Regalado: -- for the overpayment? Mr. Arriola: You know, it's funny you say that, and that's a very -- obviously, we cannot go back on this thing. I mean, mistakes of the past, I can't recollect, but I'll assure you that when you hire good people like this and let them do their job, they come back with very fruitful returns, and they've done an excellent job. By the way, all the other savings that they've made -- and 1 got Charlie Cox there, which I never say nice things about Charlie Cox. As a matter of fact, I've never said anything nice about Charlie Cox. Chairman Sanchez: Charlie, you're hearing this? Mr. Arriola: I want you to know that all the other savings that they have brought, Charlie's been an instrumental part of the whole process -- Vice Chairman Gonzalez: 1 have always told you that -- Mr. Arriola: -- and their work -- Vice Chairman Gonzalez:: -- Charlie is a great guy. Mr. Arriola: Yes, so --1 mean -- Vice Chairman Gonzalez: You don't want to listen. Mr. Arriola: -- it's been very -- a very cooperative effort, and again, being that I've never said anything nice about Charlie, I want to also thank him for his efforts in this job. Chairman Sanchez: Commissioner -- Commissioner Regalado: Just one -- Vice Chairman Gonzalez:: Mr. Chairman. City of Miami Page 78 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Commissioner Regalado: -- one question. Chairman Sanchez: Commissioner Regalado and then Vice Chairman Gonzalez. Commissioner Regalado: Yeah. One question. On United Benefits/Companion Life, Part B, would that, in some way, affect the benefits of Cigna that used to, or could you explain, please? Ms. Carrillo: Do you want to -- Ms. Fiumara: Sure. No. That will actually be behind the scenes. It won't affect the employees, at all. What that will actually do is, it allowed us to carve it out and actually be able to get a better deal, rate wise, but in terms of process wise, it will still be accomplishing the same thing. Commissioner Allen: Terrific. Commissioner Regalado: In case that the government allows buying medicines in Canada, what is the scenario here? What is the Cigna policy in terms of the co -payment? Ms. Fiumara: As soon as that's approved by the FDA (Food and Drug Administration), then it would be covered under our plan. That's kind of the breaking point. Once it's approved by the FDA, then we would be able to have that as part of our plan. Commissioner Regalado: So, if it's approved by the FDA, then it goes into the Cigna -- OK. Ms. Fiumara: That's correct. Commissioner Allen: Good. Thank you. Chairman Sanchez: Commissioner Gonzalez. 1 mean, Vice Chairman Gonzalez. Vice Chairman Gonzalez: This -- well, I want to congratulate the Director and -- for the work and from saving the City so much money, but I want to emphasize that the points that Commissioner Allen brought up are very, very legitimate points, and I support a hundred percent everything that he expressed in reference to participation of all different physicians from different ethnic groups, and also the -- to make sure that there is accessibility for medical care for the participants of the program throughout the City of Miami, so I support a hundred percent what Commissioner Allen has to say about that. Thank you. Commissioner Allen: And I'm sure you guys will do a good job. Joe's assured us of that. Ms. Carrillo: Thank you. Commissioner Allen: So -- yeah. Thank you. Chairman Sanchez: But I think that the fine-tune here is -- something that's been left out is that there's a significant savings of $4, 200, 000 -- Commissioner Allen: Oh, 1 agree. Chairman Sanchez: -- and really, the service itself continues to be a better service, and there will be other options now for the employees. Commissioner Allen: Yes. Chairman Sanchez: And -- I mean, we need to look back to -- in history, because always history City of Miami Page 79 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 tells you why we take actions, and it was because at one time in this city, Risk Management was out of control, and I don't need to tell you that out of 3,100 employees, Commissioner Allen, we had two thousand, seven hundred and eighty -some cases, if I'm not mistaken, in open claims. Commissioner Allen: Wow. Chairman Sanchez: A tremendous abuse, and that fag, you know, raised and -- I think it was like my second day here that I was going through the books and 1 saw that and I freaked out. I said, how could you -- the private sector or any business in the private sector would be -- you couldn't operate like this, and let me tell you, there were times that 1 -- you know, I was concerned that I was going to end up in the trunk of a car somewhere because, you know, I basically grabbed the bull by the horn and said, look, this is a great concern, and I had support from the Commission at that time, who said, if you want to go ahead with that, you go ahead with it, and working with everyone, we have able to fine-tune it, bring significant savings, and just by, one, opening the door for competition, OK. Competition is great for the consumer. If you have the ability to go shop at different places, everybody is going to give you a better deal, and at many times, you get a better deal and better service, which that is the ultimate goal here. It's not about taking anything away from the employees. It's basically working with them to reduce expenses for this city, and -- because we do have fiduciary responsibility, as elected officials, and this is just a step in the right direction. This resolution is $4, 200, 000 in savings. Well, that's what we're estimating. Now, what we have to do is compare this year to next year and see how close we get to it, but the following resolution also brings a significant savings of about $140, 000. It's -- that's something that we have -- this City's history has never done that, and 1 think it's just a step in the right direction, and once again, you know, for years, I've been asking for a health plan that cuts costs, while still providing a good service to our employees and our retirees, and this is something that, you know, we're heading in the right direction, so -- Commissioner Allen: Good. Chairman Sanchez: You know, we are doing well. Any further discussion on this? If not, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." The resolution passes unanimously. OK. RE.2 04-01085 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE FOLLOWING TOP -RANKED FIRMS TO PROVIDE EMPLOYEE BENEFIT DENTAL PLANS, PURSUANT TO RESOLUTION NO. 04-0636, ADOPTED SEPTEMBER 23, 2004: (1) PARAGON, FOR THE DENTAL MAINTENANCE ORGANIZATION; AND (2) METROPOLITAN LIFE, FOR THE PREFERRED PROVIDER ORGANIZATION, EACH FOR AN INITIAL THREE-YEAR PERIOD WITH THE OPTION TO RENEW FOR TWO ADDITIONAL TWO-YEAR PERIODS. City of Miami Page 80 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 04-01085-cover memo.pdf 04-01085-memo. pdf 04-01085-metlife. pdf 04-01085-schedule of attachments. pdf 04-01085-attach ments. pdf 04-01085-memo of agreement.pdf 04-01085-PDP1.pdf 04-01085-PDP2.pdf 04-01085-paragon.pdf 04-01085-paragon2. pdf 04-01085-paragon business agreement.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0674 Chairman Sanchez: We are -- Vice Chairman Gonzalez: Move RE.2. Chairman Sanchez: RE.2, it's a resolution also. There is a motion by Vice Chairman Gonzalez. Is there a second? Commissioner Allen: I second Commissioner Regalado: Second. Chairman Sanchez: Second by Commissioner Allen. 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." Hearing none, the resolution passes unanimously. RE.3 04-01031 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. 03-04-078, THAT THE FIRMS MOST QUALIFIED TO PROVIDE EMPLOYEE BENEFIT LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT PLANS, ARE, IN RANK ORDER: (1) MINNESOTA MUTUAL; (2) CIGNA; AND (3) METROPOLITAN LIFE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH THE TOP - RANKED FIRM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH THE SECOND -RANKED FIRM, IN THE EVENT NEGOTIATIONS FAIL WITH THE TOP -RANKED FIRM, OR UNTIL AN AGREEMENT HAS BEEN SUCCESSFULLY NEGOTIATED; FURTHER DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED AGREEMENT TO THE CITY COMMISSION FOR CONSIDERATION. City of Miami Page 81 Printed on 12/16/2009 City Commission Verbatim Minutes October 14, 2004 04-01031-cover memo.pdf 04-01031-memol .pdf 04-01 031 -memo2. pdf 04-01031-employee benefit.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0675 Vice Chairman Gonzalez: I'll move RE.3. Chairman Sanchez: So we move to RE.3. RE.3 -- Commissioner Winton: So moved. Chairman Sanchez: -- is also a resolution. There's a motion on the floor by the Vice Chairman Gonzalez. Commissioner Winton: Second. Chairman Sanchez: There is a second by Commissioner Winton. 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." The resolution passes unanimously. City of Miami Page 82 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 BOARDS AND COMMITTEES BC.1 04-01053 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mathew Gorson Current Board of Directors of the DDA (term expiring August 31, 2007) Jerome Hollo Current Board of Directors of the DDA (term expiring August 31, 2007) J. Megan Kelly Current Board of Directors of the DDA (term expiring August 31, 2007) Jeffrey Bercow Current Board of Directors of the DDA (term expiring August 31, 2007) Barbara Carey-Shuler Board of Miami -Dade County Commission (unexpired term ending August 31, 2006) 04-01053-cover memo.pdf 04-01053-DDA.pdf 04-01053-DDA memo.pdf 04-01053-pre resolution.pdf 04-01053-letter. pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0676 Chairman Sanchez: We could go ahead and do the Board and Committees, if we want to do that now, and get as much as we can out of the way. We should be out of here very early today. Commissioner Winton: And plenty of time to go to the game. Chairman Sanchez: Yes, sir, so we can't -- once again, Risk Management -- Commissioner Winton: Go 'Canes. Chairman Sanchez: -- thank you so much, and thank you to the unions, thank you to the Administration, and all those that labored so hard to bringing us better service and a significant savings to the City. OK. Board and Committees. We have a resolution of the City of Miami appointing certain individuals as members of the Downtown Development Authority, DDA, for City of Miami Page 83 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 terms as designated herein. Commissioner Winton: So moved. Vice Chairman Gonzalez.: Second Commissioner Allen: Second. Commissioner Winton: And I would like to point out that we are extremely fortunate in that we now have the Chairwoman of the -- of Miami -Dade County Commission, Chairwoman Dr. Barbara Carey-Shuler now serving on our Downtown Development Authority Board. Chairman Sanchez: OK, so we need a motion to appoint all these individuals? Commissioner Winton: Yeah. 1 moved it. Chairman Sanchez: OK. Vice Chairman Gonzalez.: So moved. Chairman Sanchez: There's a motion by Commissioner Winton to appoint the following -- well, appointee are nominated by and it's Matt Gorson, Jerome Hollo, J. Kelly, Jeffrey Bercow -- Bercow -- Commissioner Allen: Bercow. Chairman Sanchez: -- and, of course, Chairman Barbara Carey-Shuler. There's a motion and a second. Second was made by Vice Chairman Gonzalez. 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 appointments were passed unanimously. BC.2 04-00931 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION , WITH ATTACHMENT, RATIFYING THE APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE OVERTOWN ADVISORY BOARD. APPOINTEES: Donald F. Benjamin LaPrincycsessazatta J. Bess Del Bryan Dorothy J. Fields Claudette P. Tucker Fung-A-Fat City of Miami Page 84 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Caldwell Joseph 04-00931-cover memo.pdf 04-00931-members. pdf Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0677 A motion was made by Commissioner Allen, seconded by Commissioner Winton, and was passed unanimously, to waive the employment prohibition contained in Section 2-884(e) of the Code of the City of Miami, as amended, by a four/fifths (4/5) vote of the members of the full City Commission, as it relates to La PrincycsessAzatta Bess and Dorothy Fields as members of the Overtown Advisory Board. Chairman Sanchez: We go to BC.2, which is a resolution of the City Commission, with attachments, ratifying the appointment of certain individuals as members of the Overtown Advisory Board. Appointees, we have Donald F. Benjamin, LaPrincy -- I can't pronounce her last name -- Bess, Del Bryan, Dorothy J Fields, Claudette P. Tucker Fung-A-Fart [sic] -- Fung- A-Fat, is that her last name? Rosa Green: Fung-A-Fat. I think that's the name of a (UNINTELLIGIBLE). Chairman Sanchez: They misspelled it here. Commissioner Allen: Right, right. Chairman Sanchez: They misspelled it here. OK. Commissioner Allen: Um-hmm. Chairman Sanchez: And Caldwell Joseph. Those were the individuals that are being appointed. Is -- but there's only two, right? Commissioner Winton: No, there's -- Chairman Sanchez: OK. Ms. Green: Six. Chairman Sanchez: Six? Commissioner Gonzalez: Six. Chairman Sanchez: All those in -- Commissioner Winton: Six. Chairman Sanchez: -- in favor of all six -- Commissioner Allen: Six. Chairman Sanchez: Commissioner -- City of Miami Page 85 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Commissioner Allen: Yes. 1 know -- right. Yes. I move to make a motion to adopt this particular board Commissioner Winton: Second. Commissioner Allen: 1 do believe -- before we do that, I do believe -- Chairman Sanchez: Commissioner Allen, you're recognized to make any amendments you want 10. Commissioner Allen: -- there's a notation here, Mr. Chairman, that it is requested to waive, by a four -fifths affirmative vote of the City Commission, with respect to provisions of City Code Section 2884, Subsection E, for these two individuals; primarily, Mrs. PrincycsessAzatta Bess and Dorothy Fields, whom are employed by the Miami -Dade County and/or municipality therein, other than the City of Miami. Chairman Sanchez: If you would allow me. Commissioner Winton: Four -fifths vote for what? Chairman Sanchez: Could we (UNINTELLIGIBLE)? Commissioner Winton: What was the issue? Chairman Sanchez: Residency. Commissioner Winton: Oh, OK. Commissioner Regalado: No, no. Dade County employees. Commissioner Allen: Right. Commissioner Winton: Oh, Dade County employees. Chairman Sanchez: Oh, Dade County employee or residents? Commissioner Allen: Dade County employees. Miami -Dade County employees. Sylvia Scheider (Assistant City Clerk): They work for Miami -Dade County. Commissioner Allen: Right. Chairman Sanchez: And we have done that in the past. Ms. Scheider: We have -- Commissioner Allen: We have. Ms. Scheider: -- waived it in the past. Commissioner Winton: Yeah. Ms. Scheider: Yes. It requires a four -fifths waiver. City of Miami Page 86 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Chairman Sanchez: Right. Commissioner Winton: Got it. Commissioner Allen: Right. Chairman Sanchez: Commissioner Allen, why don't you make a motion to waive -- on those three individuals -- Commissioner Allen: Right. Chairman Sanchez: -- to waive the employment by the County, and then we'll move on to the second motion, which is to appoint the board. Commissioner Allen: Right. In fact, that's what I'm going to do. I move to appoint, pursuant to the waiver that we've just discussed. Chairman Sanchez: The three individuals -- Commissioner Winton: Second. Chairman Sanchez: -- that you so stated. Commissioner Allen: Yes. Chairman Sanchez: There's a motion by Commissioner Allen. There's a second by Commissioner Winton. This is open for discussion. This is pertaining to a waiver of employment with the County. Hearing no discussion from the Commission, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." It passes unanimously. OK. We move -- well, we have to appoint the members now, if I'm not mistaken, so we need a motion to appoint the six members to the Overtown Advisory Board. We need a motion. Commissioner Regalado: Move it. Chairman Sanchez: There's a motion by -- Commissioner Winton: Second. Chairman Sanchez: -- Commissioner Regalado. There's a second by -- Vice Chairman Gonzalez.: Commissioner Allen. Chairman Sanchez: -- Commissioner -- Commissioner Allen: Second. Chairman Sanchez: -- Commissioner Allen. Commissioner Allen: 1 second Chairman Sanchez: OK. It is open for discussion. Hearing none, all in favor, say "aye." City of Miami Page 87 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." The resolution passes unanimously. BC.3 04-01119 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN MEMBERS OF THE CITY COMMISSION AS ACTING CHAIRPERSON AND VICE CHAIRPERSON OF THE COMMUNITY REDEVELOPMENT AGENCY FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Johnny Winton Acting Chairperson of the Community Redevelopment Agency Jeffery Allen Vice Chairperson of the Community Redevelopment Agency 04-01119-cover memo.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0678 A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Allen, and was passed unanimously, to appoint Commissioner Johnny Winton as Acting Chairman of the Community Redevelopment Agency (CRA) for the Southeast Overtown/Park West and Omni districts. A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Winton, and was passed unanimously, to appoint Commissioner Jeffery Allen as Vice Chairman of the Community Redevelopment Agency (CRA) for the Southeast Overtown/Park West and Omni districts. Chairman Sanchez: OK. We move on to BC.3. It's a resolution. This should be taken up no later than 11 a.m. It's a resolution of the City of Miami Commission appointing certain members of the City Commission as Chairman and Vice Chairman of the Community Redevelopment Agency for a term as designated herein. Commissioner Winton: Presumably, short. Commissioner Allen: Mr. Chairman. Chairman Sanchez: Mr. -- Commissioner Allen: As a point of clarification, this is BC.3; am I correct? Chairman Sanchez: Yes, sir, it is. City of Miami Page 88 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Commissioner Allen: Right, OK. Chairman Sanchez: And you're recognized Commissioner Allen: Yes. As I look at this, would it not be appropriate to postpone this to a date certain? Because -- Chairman Sanchez: If that is your wish and it's the wish of the -- Commissioner Allen: Or 1 will defer to Commissioner Winton, as well; his advice on this, as well Chairman Sanchez: OK. Commissioner Allen: Considering -- Commissioner Winton: Well, 1-- Commissioner Allen: -- the nature of what we previously did earlier. Commissioner Winton: And I think we ought to ask the City Attorney because, we know one thing for sure. 1 was -- I'm Vice Chairman of -- Commissioner Allen: Right. Commissioner Winton: -- both CRAs (Community Redevelopment Agencies). The chairman is no longer here. Commissioner Allen: Correct. Commissioner Winton: So 1 was assuming that, as Vice Chairman, I'm filling the Chairman slot only until such time -- Commissioner Allen: Correct. Commissioner Winton: -- as we make a decision about what we're doing with the CRA -- Commissioner Allen: Correct. Commissioner Winton: -- which makes sense to me. I don't want to be the Chairman forever. I don't want to -- you know -- so that's my assumption. Is that accurate? Commissioner Allen: And by -- if I may, Mr. Attorney, Mr. Chairman, quickly -- and by virtue of that, I would assume that I would assume the vice chairmanship's position. Commissioner Winton: I would think so, too. Jorge L. Fernandez (City Attorney): No. This Commission may do as it wishes. You may proceed with you as vice chairman until this entire item comes back to you by way of a new reconstituted governing board, or you may, today, appoint a new chairman. It's totally up to you . However, there is no -- responding to Commissioner Allen's question -- there is no legal expectation, or there is no requirement that the Commissioner from that district would be automatically appointed to any position within the CRA. Chairman Sanchez: But -- if I may. 1 also think that -- Mr. Attorney, 1 think it's paramount that City of Miami Page 89 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 you emphasize on whatever action we take as to the future of the CRA, the new governing body that -- the way that Chapter 163 is drafted or perceived in Tallahassee, there will be no sitting Commission -- Commissioner on that -- Commissioner Allen: Correct. Chairman Sanchez: -- governing body, so you're basically looking at maybe three to four months down the road 'til this legislative body takes action as to how we're going to proceed with the CRA, so it's just a very short period of time, whoever's going to be the chair and whoever's going to be the vice chairman. 1 think that needs to be put on the record so the Commissioners understand that. Mr. Fernandez: And that is very clear, but for purposes -- for all legal purposes, Commissioner Winton is the Vice Chairman and, the CRA, as a legal entity, needs to have -- for all of its purposes -- someone that is the -- acting in the position of Chair, so the law recognizes Commissioner Winton in that capacity. However, then, there is no vice -- Commissioner Regalado: But let me ask this: Suppose that Johnny cannot attend, what happens with the four of us? Commissioner Winton: We need a vice chairman, right? Commissioner Regalado: We -- you -- we need a chairman and a vice chairman -- Mr. Fernandez: Correct. Commissioner Regalado: -- meanwhile. Mr. Fernandez: Correct. Commissioner Regalado: That's what I'm saying. Mr. Fernandez: And that's why this item was placed here -- Commissioner Winton: So -- Mr. Fernandez: -- so that you can make that determination. Commissioner Regalado: So -- Commissioner Winton: So, at the moment -- at least at this moment, frozen in time, this minute, this second, I'm the acting Chairman. Commissioner Allen: Chairman. Commissioner Winton: And we can do one of two things today: Leave the acting chairman position in place, or appoint a new chairman. Commissioner Regalado: And a vice chairman. Commissioner Winton: And/or -- Commissioner Regalado: And a vice chairman. Commissioner Winton: And a vice chairman. City of Miami Page 90 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Commissioner Allen: Right. Commissioner Regalado: Because then -- Commissioner Winton: Well, we need to appoint -- we would have to -- if I'm -- if we leave -- yes . In either event, we would have to appoint somebody vice chairman -- Commissioner Allen: Right, so -- Mr. Fernandez: Exactly. Commissioner Winton: -- no matter what. Whether it's -- Commissioner Regalado: But we can -- if you continue as the vice chairman, we cannot appoint a second vice chairman, you know what I mean? Commissioner Allen: So -- Commissioner Winton: Yeah, absolutely. Commissioner Regalado: And sometimes you cannot attend; what do we do there? Who decides? Commissioner Allen: Right. Commissioner Winton: Well, we have to have a vice chairman. Chairman Sanchez: All right. Commissioner Allen: Well, if I may, Mr. Chairman. Chairman Sanchez: Commissioner Allen, you're recognized. Commissioner Allen: Yes. If I may, Mr. Chairman, and of course, I'd like to have an answer from the City Attorney. Is it your understanding that we must make a decision, as of this meeting, relative to the Chairman of the CRA? Commissioner Winton: That's (UNINTELLIGIBLE) -- Mr. Fernandez: There is no legal obligation that you make that decision at any given point in time. However, this scenario that has been brought up so that if Commissioner Winton is not able to attend or preside at a CRA meeting, then that creates a situation where you have no one that has been designated by this board to act in that capacity. Commissioner Winton: Mr. Chairman. I'm sorry. Commissioner Allen: Can we -- Commissioner Winton: I'm sorry, Jeff. Mr. Chairman. Chairman Sanchez: Commissioner Winton, you're recognized Commissioner Winton: I'm willing to serve as the acting Chairman, acting only, until such time as we redo this thing that I hope is no more than four months from now, and so I'm willing to do City of Miami Page 91 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 that, and if that is acceptable to you, then I would like to nominate Jeffery Allen to serve as the Vice Chairman -- Commissioner Allen: Right. Commissioner Winton: -- of the CRA. Commissioner Allen: Right, and Mr. Chairman, in fact, that's the motion 1 was going to proffer, as well; that Commissioner Winton serve as the acting Chairman for purposes of this BC ( Boards & Committees) item -- BC.3 item, and I would, thus, assume the acting Vice Chair position. Commissioner Winton: Except I'm the -- Chairman Sanchez: OK, so -- Commissioner Allen: Because -- Chairman Sanchez: -- so let's -- Commissioner Winton: My motion was the vice chair. Chairman Sanchez: Let's -- Commissioner Winton: I don't care if I fall back to vice -- Chairman Sanchez: Let's do something. Let's separate both, so that way we separate the motion . Is there a motion to appoint Commissioner Winton as Chairman of the CRA? Commissioner Winton: Acting Chair. Commissioner Allen: Would that be act -- Chairman Sanchez: Acting Chairman. I apologize. Vice Chairman Gonzalez: 1 move that motion. Commissioner Allen: I second. Chairman Sanchez: There is -- Commissioner Regalado: (UNINTELLIGIBLE) Chairman Sanchez: There is a motion by -- hold on, let's get this right. There's a motion by Commissioner -- Vice Chairman Gonzalez to appoint Commissioner Winton as acting Chairman of the CRA, and there's a second by Commissioner Allen. It is open for discussion and, Commissioner Regalado, you're recognized. Commissioner Regalado: There's no such thing as half pregnant. Either it's the chairman and the vice chairman until whatever changes are made. "Acting, " I don't know why. I mean, I would support "chairman," "vice chairman, " and that's that. I mean -- and when you don't show up, Commissioner Allen -- Commissioner Winton: It's six in one, half a dozen in another anyway because the point is, we're going to change the structure -- City of Miami Page 92 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Commissioner Allen: Right. Commissioner Winton: -- of this organization, which 1 support wholeheartedly; the sooner, the better. Commissioner Allen: Right, and 1 would agree, for purposes of the previous ordinance or resolutions, that we defer to postpone. This qualifies Mr. -- Commissioner Winton as an acting chairperson 'til such time as we're able to examine further relative to the previous resolutions and ordinance that had been postponed, so I would like to, again, frame the motion to state that Commissioner Winton will serve as the acting Chairman of the CRA and then, of course, we would then have to do a second motion, I would assume, with respect to the Vice Chair position so, at this point, I would like to just make a motion to have Commissioner Winton serve as the acting Chairman of the CRA. Chairman Sanchez: There is already a motion on the floor -- Commissioner Allen: Right. Chairman Sanchez: -- to that. Commissioner Allen: Good. Chairman Sanchez: There's already a motion and a second. Commissioner Allen: So we can call -- Chairman Sanchez: Any other -- Commissioner Allen: -- the question. Call the vote. Chairman Sanchez: OK. There's been -- call the question. Mr. City Attorney, before we do that. Mr. Fernandez: Yeah, and that is fine. I only want to caution you that, for legal purposes, 1 think where there's -- this is a difference without a distinction. For all practical intent and purposes, whether you call Commissioner Winton the acting chairman or chairman pro tem, or any other title you give him, he is, in fact, the chairman, and that's how he will be acting -- Chairman Sanchez: Oh, absolutely. Mr. Fernandez: -- and that would be his signature. In his absence, then Commissioner Allen, in fact, becomes -- Vice Chairman Gonzalez: The vice chairman. Mr. Fernandez: -- acting vice chairman, vice chairman pro tem, whatever you want to call him, but I need you to be aware that this may be a difference without a real distinction at all. Commissioner Allen: Great. OK. Commissioner Winton: Right. That's what 1 said. Chairman Sanchez: Absolutely. Commissioner Allen: Great. City of Miami Page 93 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Vice Chairman Gonzalez: OK. Chairman Sanchez: 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." Commissioner Winton: Move -- Chairman Sanchez: The motion passes unanimously. Commissioner Winton: Move Commissioner Allen (UNINTELLIGIBLE) -- Vice Chairman Gonzalez: I'll move to appoint Commissioner Allen as the Vice Chairman of the CRA. Commissioner Winton: Both CRAs. Second. Chairman Sanchez: There's a motion on the floor appointing Commissioner Allen as the acting Vice Chairman. Commissioner Winton: No. I -- he said Vice Chair. Vice Chairman Gonzalez: The Vice Chair. Chairman Sanchez: Vice Chair? Commissioner Regalado: Vice Chair. Commissioner Allen: Right. Commissioner Winton: 1 don't want to fall back in here. I don't want to be involved in this, so -- Vice Chairman Gonzalez: All right. Commissioner Regalado: Vice Chair. Commissioner Winton: Vice Chair. Vice Chairman Gonzalez: Vice Chair. Chairman Sanchez: OK, Vice Chair. Is there a second? Commissioner Allen: Acting Vice Chair until such time later. Commissioner Winton: 1 think the motion as Vice Chair -- Chairman Sanchez: OK. There's a motion -- Commissioner Winton: -- which 1 seconded that motion. Chairman Sanchez: There is a motion by Commissioner Gonzalez appointing Commissioner Jeffery Allen as Vice Chairman. It has been second by Commissioner Winton. It is open for City of Miami Page 94 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 discussion. Hearing none, all in favor, say "aye." Chairman Sanchez: Anyone in opposition, having the same right, say "nay." The motion passes unanimously. OK. That basically does that and, Madam Clerk, any other items that we could bring up before noon? Commissioner Regalado: The -- Mr. Chairman. Chairman Sanchez: Yes, sir. Commissioner Regalado: The discussion concerning financial update and a budget outlook. Chairman Sanchez: Well, we could do that. Commissioner Regalado: Or -- Chairman Sanchez: We could do that. That's -- I believe -- Commissioner Regalado: Oh, yeah. Chairman Sanchez: -- DI -- DI, it's my understanding, that has been deffered 'til December the 9th Commission, correct? Unidentified Speaker: Yes, sir. Commissioner Winton: Yes. City of Miami Page 95 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 DISCUSSION ITEMS DI.1 04-00743 DISCUSSION ITEM PRESENTATION BY THE ECONOMIC DEVELOPMENT DEPARTMENT THAT WILL OUTLINE A PLAN FOR THE ACQUISITION OF LOTS FOR AFFORDABLE HOUSING FROM THE MIAMI-DADE COUNTY LIST OF LANDS. 04-00743-cover memo.pdf DEFERRED DI I was deferred to December 9, 2004. Joe Arriola (City Manager): Commissioner, DI.1, we're going to defer it to December 9th. Chairman Sanchez: I'm sorry? Unidentified Speaker: D1.1. Mr. Arriola: DI.1. I'm sorry. DI. DI.1 -- Commissioner Winton: Where is that? Commissioner Regalado: Where is that? Mr. Arriola: -- defer it to December 9th. Commissioner Regalado: Where is that? Mr. Arriola: Discussion Items. Commissioner Allen: Where is that? Chairman Sanchez: OK. Commissioner Regalado: I can't find it. Chairman Sanchez: DI 1 ? Commissioner Allen: D -- Mr. Arriola: DI.1, yes, sir. Chairman Sanchez: OK. DI.1 has been deferred 'til December the 9th? Mr. City Manager -- Mr. Arriola: Yes, sir. Chairman Sanchez: -- 'til December the 9th? Mr. Arriola: I'm sorry. In December 9th, yes, sir. Chairman Sanchez: OK. Let it be stated on the record that those items have either been withdrawn or deferred to a later date. City of Miami Page 96 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Commissioner Winton: So moved. DI.2 04-00923 DISCUSSION ITEM DISCUSSION CONCERNING A FINANCIAL UPDATE AND A BUDGET OUTLOOK. 04-00923-cover memo.pdf DISCUSSED Chairman Sanchez: OK, so D2, concerning the -- discussion concerning a financial update and budget outlook. Do we have Larry? Larry. Always a pleasure to see you, sir. Larry Spring: Thank you. Larry Spring, Chief of Strategic Planning, Budgeting and Performance. Commissioners, we are -- we're just closed and finalized the reports for August. Those -- that financial report was e-mailed out last night, I believe. As of that reporting date, I believe we are on budget, revenues -wise. I don't have --1 know we're ahead of budget on revenues and expenses. We are presenting a clean-up ordinance at the October 28th Commission meeting. That ordinance will include closeouts, past (UNINTELLIGIBLE) items to finalize the closing of the fiscal -- the 2004 fiscal year, but I don't think there are any significant instances to report and, 1 guess, Scott can give you some details on certain of the revenue sources, if you need additional information. Chairman Sanchez: OK. Any questions from the Commission? Commissioner Regalado: Question. Chairman Sanchez: Yes, sir, Commissioner Regalado, you're recognized. Commissioner Regalado: Mr. Budget Director. Mr. Spring: Yes, sir. Commissioner Regalado: There was an audit published last week regarding disbursement of excess overtime compensation, and a vacation comp. time -- the special category authorization for vacation hours earned was not provided, something like that; lack of compliance. Have you read the audit? Mr. Spring: I have not read that audit report as of today. 1 can take a look at it and address whatever question you might have. Commissioner Regalado: OK. Then should we do it next -- Mr. Spring: We can do it next Commission meeting. Commissioner Regalado: OK. Mr. Spring: And I'll schedule a meeting with you to go over what your concerns are. Commissioner Regalado: Thank you very much. Mr. Spring: All right. Vice Chairman Gonzalez.: I do have a question -- a concern and that -- it's not with Solid Waste. Thank you very much. Commissioner Regalado just pulled a report that addresses some illegal overtime or illegal vacation time -- or let's don't say illegal. Let's say inappropriate overtime or inappropriate vacations taken by employees, and I'm sure that this came from -- Mr. Igwe, could City of Miami Page 97 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 you please come to the podium? Hello? Victor Igwe (Auditor General): Victor Igwe -- Vice Chairman Gonzalez: My question is -- Mr. Igwe: -- Auditor General's Office. Vice Chairman Gonzalez: -- is this an audit that you did on employees? Mr. Igwe: Yeah, employees' compensation. That's correct. Vice Chairman Gonzalez: It was an audit that you did? Mr. Igwe: Yes, sir. Vice Chairman Gonzalez: OK. My question is, why -- if an audit is done and deficiencies are found, why -- and I don't know if you agree with me, Commissioner Regalado -- why isn't the director of the department notified and asked to write a report answering the concerns, so now we don't have to wait until next month -- Mr. Igwe: Yeah, Commissioner -- Vice Chairman Gonzalez: -- to find out exactly what the answer is going to be -- Chairman Sanchez: Do I have that audit? Vice Chairman Gonzalez.: -- you know what I mean? Mr. Igwe: Yeah, Commissioner. 1 have an answer to that. Usually, when we finish an audit, we send out what we call a Memorandum of Understanding, where the director writes a report that you are alluding to explaining what needs to be done. In this particular instance, we received a memo indicating that they couldn't determine how the eight hours came about, but they will address this in some type of APM (Administrative Procedures Manual). In other words, to bring it -- to make it -- in other words, to make it an official type of hours that someone -- Commissioner Regalado: Well -- Mr. Igwe: -- can earn. Commissioner Regalado: If I may -- Vice Chairman Gonzalez: Yeah, but my -- Commissioner Regalado: -- Mr. Vice Chairman. Vice Chairman Gonzalez: -- concern is that the Commissioner Regalado just asked a question about that report and nobody could give him an answer and, you know. Commissioner Regalado: No. Mr. Vice Chairman, if I may. If you read the audit, you get some of the responses from the different department. Mr. Igwe: That's right. Vice Chairman Gonzalez: OK. City of Miami Page 98 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Commissioner Regalado: They're going to do this, they're going to correct that. Mr. Igwe: Right. Commissioner Regalado: My question was to the Budget Director because -- remember that when we approved the budget, we say we're going to be watching -- Vice Chairman Gonzalez: Right. Commissioner Regalado: -- the budget until next year. My question was, well, we -- we're talking $136, 000 here, $4, 000 there, $15, 000 over there, and if this -- this is part of the budget process, and this is why I asked the Budget Director -- I don't know -- I mean, probably, he didn't have the time to read it and -- Vice Chairman Gonzalez: But you had an answer. Commissioner Regalado: Huh? Vice Chairman Gonzalez: But you had an answer from the Director. Commissioner Regalado: In some of the critiques, you have a response; the department says it's going to do this, it's going to do that. Vice Chairman Gonzalez: OK. Well, that was my concern, you know. Commissioner Regalado: But in some, they don't, and that was my question to the Budget Director. What impact does this have on the budget? What can we do to remedy this? 1 mean, there's an instance where it says, 1 mean, you know, take another day off on your vacation, or something like that, and -- Mr. Igwe: Yeah, that was just an isolated instance. Commissioner Regalado: No, I understand that, but I'm just saying that 1 read the whole thing, and I just -- I was curious to find out what impact had in the budget. Mr. Igwe: OK. Chairman Sanchez: All right, and -- Commissioner Regalado: 1 mean, this is true, right? Because the Manager seem -- Joe Arriola (City Manager): No. The Manager -- Commissioner Regalado: It's not true? Mr. Arriola: Not true. Every thing -- every report that has come out with this man, he actually produces the report, no input. Doesn't even have the courtesy to meeting with me to go through this report. This is the typical $42, 000, 000 consulting report. Every report this man does, he does it for headlines, and he doesn't do it with anybody -- Chairman Sanchez: All right. Mr. Arriola: -- anybody or any department -- City of Miami Page 99 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Chairman Sanchez: All right, Mr. Manager. Mr. Arriola: -- in this City. Mr. Igwe: 1 need to address what he just said. That is absolutely not a true statement. Chairman Sanchez: OK. Mr. Igwe: Whenever we do an audit, we -- Chairman Sanchez: Sir -- Mr. Arriola: Don't you dare call me a liar, sir, because I consider you -- Chairman Sanchez: Sir, sir. Mr. Arriola: You never came to see me on any -- Chairman Sanchez: Mr. City Manager -- Mr. Arriola: -- of these reports. Chairman Sanchez: -- sir, you're out of order. Let me just state something. Listen, as the Chairman, I'm going to ask you very nicely that we have items like this -- this item that Commissioner Regalado, you brought out, and you have every right to bring out, you know, but items like this should be put in a discussion item under your blue pages so they could -- we could be prepared so it doesn't lead into these types of altercation and, basically, this is embarrassing for this legislative body and embarrassing for this City. You have every right, and I'll support you 100 percent, on you putting on an item -- Commissioner Regalado: It was on the agenda under financial report, and as part of the financial situation of the City, I wanted to address some money -- Chairman Sanchez: All right. Commissioner Regalado: -- that was misspent. Chairman Sanchez: There is no other discussion on the matter. Is there any other items that need to be addressed? Vice Chairman Gonzalez: Motion to -- Chairman Sanchez: If not, we will be back -- motion to recess -- Commissioner Allen: Motion to recess. Chairman Sanchez: -- we will be back -- what time would you like to come back? Commissioner Winton: How much do we have lefi? Chairman Sanchez: 3 -- we don't have much. I'll tell you what we have. Commissioner Regalado: CRA (Community Redevelopment Agency). Chairman Sanchez: We have CDBG (Community Development Block Grant) -- City of Miami Page 100 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Commissioner Winton: Oh. Chairman Sanchez: -- and then we have CRA, and then we have two items that are time certain, requested by Commissioner Regalado. We should be out of here no later than 5, 5:15. OK. Commissioner Winton: 4:30. Chairman Sanchez: So there's a motion for recess. This Commission meeting stands in recess. We will be back at 3 o'clock. Thank you. Commissioner Regalado: 3 o'clock. Thank you. DI.3 04-01145 DISCUSSION ITEM DISCUSSION CONCERNING COCONUT GROVE CARES, INC. AND THE DEFERMENT OF THEIR OUTSTANDING PAYMENT OF $26, 641.62 FROM OCTOBER 2004 TO JANUARY 2005. 04-01145-cover memo.pdf MOTION A motion was made by Commissioner Winton, seconded by Vice Chairman Gonzalez, and was passed unanimously, granting request from Coconut Grove Cares, Inc. to extend from October 2004 to January 2005 the deadline to pay the outstanding $26, 641.62 due to the City. Chairman Sanchez: OK. We go to -- Commissioner Winton: Commissioner -- I mean, Mr. Chairman. Chairman Sanchez: Yes, sir. Commissioner Winton: Do you mind -- we have someone in the -- sitting in the audience -- Commissioner Regalado: Mike, mike, mike. Commissioner Allen: Mike. Commissioner Winton: Oh, I'm sorry. We have someone sitting here in the audience for DI.3, which is Discussion Item 3, which will probably come at the end. Chairman Sanchez: Oh, absolutely. Commissioner Winton: And if you don't mind, could we -- Chairman Sanchez: No, not at all. Commissioner Winton: -- bring that forward? Then I need staff -- Commissioner Regalado: Where is that? Commissioner Allen: Could you repeat that? Commissioner Winton: D1.3, it's about Coconut Grove Cares. Chairman Sanchez: DI.3? City of Miami Page 101 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Commissioner Winton: Um-hmm. Chairman Sanchez: OK, it's a discussion concerning Coconut Grove Care, Inc. and the deferment of their outstanding payment of $26, 641.62 from October 204 [sic] to January 205 [ sic]. Commissioner Winton: Well, would staff please give us the history here? They were in arrears some "X" amount. They've paid down by so much, and they're still this much, and so would you give us that history? Alejandra Argudin: Alejandra Argudin, Acting Director for Public Facilities. Coconut Grove Cares owed $83, 000. Commissioner Winton: How much? I'm sorry. Ms. Argudin: 83,000. They've paid down 56,358. Commissioner Winton: When did they owe 83,000? Ms. Argudin: In 2000 and -- the ending of 2003. Commissioner Winton: So last year, at the end of the year, they owed us 83,000. Ms. Argudin: Right. Commissioner Winton: We put them on a payment plan. They've paid down fifty -some thousand on that payment plan, over the course of the year. Ms. Argudin: Absolutely. Commissioner Winton: And they're 26,000 short, and do they have a plan for catching that up? Ms. Argudin: They have a plan for catching it up. They want to extend to January because they have gone through some rough times during the summertime, and they haven't been able to get their vendors down here to do their annual -- their monthly antique show, where they make the revenue to pay us, and to continue providing that service for those kids in the West Grove, and they have a payment plan to start again paying the $7, 000 in January. Commissioner Winton: And as you all know, I'm generally a little more less lenient than those who use public facilities and don't pay the rent, and if you remember, when they case came up a year ago, 1 said, y'all better have a plan and it better work or we're not going to do -- and 1 think that they've done a heck of a job. This isn't a case where they're back with the same amount or more and, jeez, I don't know what to do. They've really done a good job of paying it down, so I'm very -- Ms. Argudin: Yes, they have. Commissioner Winton: -- comfortable providing this extension. Chairman Sanchez: 1 think you're softening up on us; that's what's happening. Commissioner Winton: So 1 would move this motion. Vice Chairman Gonzalez: 1 second City of Miami Page 102 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Commissioner Allen: I -- Chairman Sanchez: There's a motion and a second. It's open for discussion. No discussion. As long as they're acting in good faith and paying the money back -- Ms. Argudin: That's correct. Chairman Sanchez: --1 don't have a problem with it. OK. It's -- 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." Hearing none, the motion passes unanimously. Ms. Argudin: Thank you. Commissioner Winton: Thank you. Ms. Argudin: Thank you. Commissioner Winton: You're welcome. City of Miami Page 103 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 NA.1 04-01173 NON -AGENDA ITEMS DISCUSSION ITEM DISCUSSION REGARDING PROPOSED TREE ORDINANCE DISCUSSED Direction to the City Attorney and the Administration by Commissioner Winton to finalize the proposed ordinance protecting trees from elimination by developers and to schedule it on the agenda for the next Commission Meeting; said ordinance to address issues of enforcement restrictions, obtaining of tree cutting permits, its compliance, etc.; further stipulating that said ordinance may be modified in the future if necessary. Chairman Sanchez: OK. We -- can we do the Commission blue pages and then we'll move on with the agenda? District 1, Mr. Vice Chairman, do you have any items on your blue pages? Vice Chairman Gonzalez: No, sir, 1 don't. Chairman Sanchez: OK. Commissioner Winton, District 2, sir, do you have any items on your blue pages? Commissioner Winton: I'm reading notes that I had -- that I made at 2 o'clock this morning in the dark. Seems like something woke me up. Commissioner Regalado: 1 had a vision -- Chairman Sanchez: Well, we could always waive the rules -- Commissioner Winton: Yeah Chairman Sanchez: -- and allow you to -- Commissioner Regalado: 1 had a dream. Commissioner Winton: Just one -- Jorge L. Fernandez (City Attorney): Ask to waive -- what's at 2 o'clock? Commissioner Winton: -- quick question to the staff. Tree ordinance, we've been monkeying with that tree ordinance for way too long. Developers in the Grove are cutting trees down, literally, every day. It is a crisis. I don't give a damn about whether or not we have the best product in the world anymore. 1 want a product before this Commission, at the next meeting, that we can get passed. We can always modify it, but we need something that's as tough as we can get on the books, right now, and we'll modify it as we go forward, if we need to do fine- tuning, but we are getting killed by these developers in the Grove cutting down tree canopy. It is a major crisis, so can we get something at the next Commission meeting? Doesn't have to be the best in the world, as far as I'm concerned We'll make it the best in the world over the course of the next two or three or four months. Commissioner Regalado: Mr. Chairman. Mr. Fernandez: Yes. Chairman Sanchez: Yes, sir. You're recognized City of Miami Page 104 Printed on 12/16/2004 City Commission Verbatim Minutes October 14, 2004 Commissioner Regalado: If I may. You have received -- I'm sure that all of us have received many e-mails, and one e-mail yesterday said that a developer took a tree, completely huge tree, and when neighbors asked here on 28th Street, he said, "We don't need any permits to take this tree, " so the tree is gone, but my concern -- and the main issue is the enforcement. I think that the ordinance have -- needs to have, Mr. City Attorney -- Commissioner Winton: Real teeth. Commissioner Regalado: -- something that says, "If you do not comply with the tree ordinance, you will not get a permit to continue your work on site." If we do not do that, then it's like nothing, because they can just move the trees around, back and forth, cut the trees, and say " we'll appeal, " and that's that, but I think there are some provisions there says on the Code that you will not get a permit if you do not comply with the permit process for the tree, is that -- you recollect anything? Mr. Fernandez: I will have to look into it, but I am sure that we can place on it a strict -- restrictions as you direct us to put on those. Joe Arriola (City Manager): Sounds like "The Godfather, " doesn't he? Commissioner Winton: Yeah. Pretty scary. Commissioner Regalado: Yeah. OK. Commissioner Winton: I heard there was a relatively large contingent. Was there Sarasota or somewhere? 1 mean -- doesn't -- what's the Chicago people come to Sarasota? Chairman Sanchez: All right. Commissioner Winton: So we will have something at the next Commission meeting? Chairman Sanchez: Maybe under a discussion item, or would you like -- what would be your motion? Commissioner Winton: Well, they've been working on this for a long time, so 1 know that there's a draft around. It isn't fine-tuned There's some things we want to add, but my view is now, you know, we'll get it fine-tuned over the course of the next six months. Get something on the books right now that, at least, gives us some -- currently, even if you have enforcement, there's no penalty. You know, the penalty's like 500 bucks, so 500 bucks to somebody building a $1, 300, 000, $1, 500, 000 house is irrelevant, so we need some real -- and I know there's teeth in the draft ordinance. It may not be the best we can get, but let's get it on the books, get started, and well clean it up as we go forward Mr. Fernandez: OK. Commissioner Winton: So at the next Commission meeting? I don't see any heads shaking. Mr. Fernandez: We will be ready. Commissioner Winton: Thank you, sir. On the agenda, next Commission meeting. Thank you, sirs. I'm done. Chairman Sanchez: Thank you. City of Miami Page 105 Printed on 12/16/2004