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HomeMy WebLinkAboutCC 2004-12-09 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www. ci. miami. fl. us Verbatim Minutes Thursday, December 9, 2004 9:00 AM REGULAR City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Joe Sanchez, Chairman Angel Gonzillez, 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. Femandez, City Attorney Priscilla A. Thompson, City Clerk City Commission Verbatim Minutes December 9, 2004 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA SS - SPECIALLY SCHEDULED ITEMS M - MAYOR'S ITEMS D7 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Winton, Chairman Sanchez and Commissioner Regalado Absent: Vice Chairman Gonzalez and Commissioner Allen On the 9th day of December, 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 9:22 a.m. by Chairman Joe Sanchez, with Vice Chairman Gonzalez and Commissioner Allen absent, recessed at 12:29 p.m., and reconvened at 2:45 p.m. The Commission recessed at 6:50 p.m. to take part in the City Hall Christmas tree lighting ceremony, reconvened at 7: 47 p.m. and adjourned at 8:32 p.m. During part of this time, the Planning and Zoning Commission Meeting was also held. Note for the Record: Vice Chairman Gonzalez came in at 9:26 a.m. and Commissioner Allen came in at 9:28 a.m. ALSO PRESENT: Joe Arriola, City Manager City ofMiami Page 2 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk Sylvia Scheider, Assistant City Clerk PRESENTATIONS AND PROCLAMATIONS PR.1 04-01351 CEREMONIAL ITEM MAYORAL VETOES Name of Honoree Presenter Protocol Item City's Annual Toy Drive Code Enforcement's Chicken Busters Ceremonial Check Brown's Barbershop Commissioner Winton 04-01351-cover page.pdf 04-01351-p rotocol. pdf Commendation 1. A proclamation was presented by Commissioner Winton to Mr. Lee Brown and Brown's Barbershop for their 50 years of service in Coconut Grove. 2. Ceremonial checks were presented by the Code Enforcement's Chicken Busters team for the Mayor's Poverty Initiative, the Mayor's Annual Toy Drive, the Muscular Dystrophy (MS) Association, and the Juvenile Diabetes Association. Fire Department Captain Raul Fernandez urged all to give generously to the MS foundation. Chairman Sanchez: The City of Miami's meeting -- Commission meeting is being called to order . We'll start with the invocation and the pledge of allegiance, and then we'll go into the presentations and proclamations. If you could please rise and bow your heads as we pray. Prayer and pledge of allegiance. Chairman Sanchez: We'll go ahead and move on to the PR.1, which is the protocol list. Presentations made. NO MAYORAL VETOES Chairman Sanchez: We move on to the mayoral veto. There are no mayoral veto. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Planning and Zoning Meeting of October 28, 2004 Motion by Commissioner Winton, 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 do have -- the next item or the order of the day is approving of the minutes of Planning and Zoning meeting of October 28, 2004. Is there a motion? Commissioner Winton:: So move. Vice Chairman Gonzalez: Second. Chairman Sanchez: There is a motion by Commissioner Winton, second by Commissioner Gonz City of Miami Page 3 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 alez. Any further discussion on the item? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. ORDER OF THE DAY Chairman Sanchez: And before I move on, let me just state for the record — read something into the record here. Any person who acts as a lobbyist, pursuant to the City of Miami Ordinance, must register with the City Clerk prior to engaging in any lobbying activity. Any person making slanderous remarks, or who becomes boisterous while addressing the Commission, shall be barred from further audience before this Commission by the presiding officer, unless permission to continue or again address the Commission be granted by a majority of the vote. Also, any person who seeks to address the Commission on any item appearing before the Commission, portion of the agenda or the consent agenda, or any public hearing, must register with the City Clerk. We also do not allow any signs or any displays of any kind in the Commission, as those are the rules. If you do, you will be asked by the sergeant at arms to remove those signs or be escorted out of the City Commission. Those are the protocol. Those are the regulations here at the Commission in order to run a good, non -disturbing meeting in the Commission, so without any further delay, we'll continue with our voluminous agenda. Chairman Sanchez: Well -- Vice Chairman Gonzalez: We're done. Chairman Sanchez: I think we've -- Commissioner Allen: I make a motion to recess. Chairman Sanchez: -- done -- I think we've caught up pretty well. All we have is PZ (Planning & Zoning) items that'll be heard -- well, we have PZ item and time certain, three, CDBG ( Community Development Block Grant) -- Commissioner Allen: Right. Chairman Sanchez: -- which is only maybe six items. Jorge L. Fernandez (City Attorney): Right, and then one item that you tabled from this morning, which is the Melreese, that I'll be back to you first thing. Chairman Sanchez: Oh, we're ready on that one -- Priscilla A. Thompson (City Clerk): Mr. Chair -- Chairman Sanchez: -- Mr. City Attorney? Mr. Fernandez: Yes. Chairman Sanchez: Yes. Ms. Thompson: Actually, there were two items tabled from this morning, CA.10 and that one, the RE.7. Chairman Sanchez: CA.10? City of Miami Page 4 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Vice Chairman Gonzalez: Does Melreese require -- Ms. Thompson: That's correct. Chairman Sanchez: Wasn't CA. 10 -- we voted on? Mr. Fernandez: That's the item that Commissioner Winton declared a conflict. Chairman Sanchez: Yeah, we voted on that one. Ms. Thompson: No, no, you didn't. I'm sorry. Chairman Sanchez: We did not? Ms. Thompson: No, you did not. Chairman Sanchez: All right. Madam Clerk, you keep the records here, I don't, so please remind us in the afternoon and we'll continue. OK. The City of Miami Commission meeting stands in recess ti112:30. Chairman Sanchez: We -- time certain today at 3 o'clock. We do have CDBG (Community Development Block Grant), which are items PH.6 through PH.9. Before we do that, let me just read into the record, any person who acts as a lobbyist pursuant to the City of Miami Ordinance 11469, must register with the City Clerk prior to engaging in any lobbying activity. Also, any person making slanderous remarks, or who become boisterous while addressing the Commission, will be asked to leave by the Sergeant at arms. We also ask that any person wishing to address the City Commission on any of the items appearing in the following portion of this agenda, which is the order of the day, please check in with the City Clerk to put your name down, and also to swear everyone in, so before we move further along with the agenda, all those that'll be testing on any of the PZ (Planning & Zoning), please stand up and be sworn in. Madam Clerk. Ms. Thompson: I'm just waiting for my interpreter so she can also say it in Spanish. Chairman Sanchez: All right. While we're at it, when you please come up and speak, state your name and address for the record. It just assists us in recordkeeping, and of course, the minutes. Ms. Thompson: Make the announcement. Comments in Spanish by official interpreter, Ondina Suarez. Chairman Sanchez: I'm sorry? Ms. Thompson: She was just making the announcement first. Chairman Sanchez: Oh. Ms. Thompson: Please -- Ondina Suarez (Official Spanish Interpreter): Just made the announcement in Spanish, but it doesn't seem to be anyone who needs. Chairman Sanchez: OK. Ms. Thompson: Those of you who need to be sworn, I need you to please stand and raise your City ofMiami Page 5 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 right hand The City Clerk administered required oath under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. Chairman Sanchez: All right. Thank you. Let's -- while the -- we have time certain at 3 o'clock. Let's try to get some of these PZ items that are noncontroversial out of the way. Chairman Sanchez: Well, Commissioner, before you go any further -- Commissioner Winton: OK Chairman Sanchez: -- let's -- look, we have -- it's up to the Commission. We have to break at 6 o'clock for the City of Miami Lighting of the Christmas Tree ceremony. We could come back right after that. We could continue on. We'11 go -- we could waive the ordinance that terminates the Commission meeting at 9 and go on into the wee hours of the mornings, if you want. Vice Chairman Gonzalez: No. I think we need to come back tomorrow. Chairman Sanchez: Or we could come back tomorrow, but apparently, one of the Commissioners cannot come back tomorrow, so we need to decide that among ourselves, what we want to do. I'm OK with it. I knew, coming into this agenda, it was a voluminous agenda that was going to carry -- you know, carry us into late hours, but it's up to the Commission. What is the guidance of the Commission? What would you like to do? Commissioner Allen: 1 recommend we break, take care of the tree lighting, and come back and finish the balance of the PZ (Planning & Zoning) items. Chairman Sanchez: All right, so at 9 o'clock, we would need a motion to -- Chairman Sanchez: So we could break now or -- Commissioner Allen: Yeah. Mr. Chairman, right. You -- but you -- Commissioner Regalado: Are we ready -- Commissioner Allen: Mr. Chairman, you -- Chairman Sanchez: The City -- no. Well, apparently, one Commissioner cannot come back tomorrow because he's got -- Commissioner Winton: Yeah, I can't come back. I've got a -- Commissioner Allen: Yeah, I can't. Commissioner Winton: -- I'm booked all day, so I -- Chairman Sanchez: So we need to decide what we want to do. Commissioner Winton: I didn't anticipate this. Chairman Sanchez: We could do this, the Lighting of the Christmas Tree ceremony, and then come back, and then we could always waive the ordinance and continue on to -- till we're City of Miami Page 6 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 finished the Commission. Vice Chairman Gonzalez: How many items do we have left? Chairman Sanchez: Madam Clerk. Lourdes Slazyk (Assistant Director, Planning & Zoning): There's only about six left, I think. Chairman Sanchez: No, there's about -- Vice Chairman Gonzalez: Six left. Chairman Sanchez: There's more items than six, 1 know that. Vice Chairman Gonzalez: No, no, no. Commissioner Allen: Yeah, we have the tree ordinance and a few others. Commissioner Regalado: Mr. Chairman. Ms. Thompson: According -- Commissioner Regalado: Last year, remember -- Commissioner Winton: How many? Commissioner Regalado: -- remember, last year we weren't ready until 7 for the -- Commissioner Winton: 11 items left. Chairman Sanchez: All right. Why don't we do something, can we get something from the City to go up there and talk to the coordinator of the Christmas Tree, to see when they need us out there, so -- Vice Chairman Gonzalez: Right. Commissioner Winton: Yeah. Chairman Sanchez: -- you know, we could do -- and we could -- Commissioner Regalado: We could do some -- Chairman Sanchez: -- and we could take care of business here. Commissioner Winton: We don't want to go out there and mill around. Chairman Sanchez: Yeah, just get us when they're ready to light the Christmas tree. Commissioner Winton: Yeah. Commissioner Regalado: Because -- I mean, last year -- Chairman Sanchez: All right. What other items? Let's go, let's go, let's go, let's go. CONSENT AGENDA City of Miami Page 7 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Direction to the City Manager by Chairman Sanchez to ensure that all items always be reviewed and approved by the City Attorney prior to placing on the agenda for Commission consideration. CA.1 04-01262 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY EDWIN DISLA, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $35,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF EDWIN DISLA V. JENNY E. LUNA, ET AL., IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO. 03-23126-CIV- HIGHSMITH, UPON EXECUTING A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.652. 04-01262-cover memo.pdf 04-01262-memo. pdf 04-01262-Ieg isiation. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0770 CA.2 04-01305 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY JEAN DORSAINVIL, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $60,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF JEAN DORSAINVIL V. CITY OF MIAMI, ET AL., IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 03-23479 CA 06, UPON EXECUTING A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF- INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001. 624401.6.651. 04-01305-cover memo.pdf 04-01305-memo.pdf 04-01305-resol uti o n. pdf This Matter was ADOPTED on the Consent Agenda. votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0771 City of Miami Page 8 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 CA.3 04-01288 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "SCHOOL RESOURCE OFFICER PROJECT," FOR THE CITY OF MIAMI DEPARTMENT OF POLICE; APPROPRIATING FUNDS IN THE TOTAL AMOUNT OF $91,434, CONSISTING OF A GRANT FROM MIAMI-DADE COUNTY DEPARTMENT OF HUMAN SERVICES, IN THE AMOUNT OF $68,575; AND, AUTHORIZING THE ALLOCATION OF REQUIRED MATCHING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NOS. 690001, 690002, AND 690003, IN THE TOTAL AMOUNT NOT TO EXCEED $22,859, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE UNITED STATES DEPARTMENT OF JUSTICE AND TREASURY'S "GUIDE TO EQUITABLE SHARING," AND FLORIDA STATE STATUTE, CHAPTER 932.7055; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT ACCEPTANCE OF THE GRANT. 04-01288-exhibitl .pdf 04-01288-exh ibit2. pdf 04-01288-exhibitl A. pdf 04-01288-exhibitl B.pdf 04-01288-exhibitl C.pdf 04-01288-exhibitl D1.pdf 04-01288-exhibitl D2.pdf 04-01288-exhibitl D3.pdf 04-01288-exhibitl Da.pdf 04-01288-exhibitl Db.pdf 04-01288-exhibitl E.pdf 04-01288-affid av it. pdf 04-01288-agenda.pdf 04-01288-budgetary impact.pdf 04-01288-checklist.pdf 04-01288-dadecountyletter.pdf 04-01288-resolution. pdf 04-01288-works heet. pdf 04-01288-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0772 CA.4 04-01289 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "CRIMINAL JUSTICE RECORD IMPROVEMENT PROJECT," TO INCREASE EFFICIENCY IN THE CITY OF MIAMI DEPARTMENT OF POLICE'S RECORDS UNIT, APPROPRIATING FUNDS IN THE TOTAL AMOUNT OF $35,520, CONSISTING OF A GRANT, IN THE AMOUNT OF $26,634, FROM MIAMI- DADE COUNTY DEPARTMENT OF HUMAN SERVICES; AND, AUTHORIZING THE ALLOCATION OF REQUIRED MATCHING FUNDS, IN THE AMOUNT OF $8,886, FROM THE LAW ENFORCEMENT TRUST FUND, City ofMiami Page 9 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 PROJECT NOS. 690001, 690002, AND 690003, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE UNITED STATES DEPARTMENT OF JUSTICE AND TREASURY'S "GUIDE TO EQUITABLE SHARING," AND FLORIDA STATE STATUTE, CHAPTER 932.7055; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT ACCEPTANCE OF THE GRANT. 04-01289-exhibitl .pdf 04-01289-exhibitl A. pdf 04-01289-exhibitl B.pdf 04-01289-exhibitl C.pdf 04-01289-exhibitl D.pdf 04-01289-exhibitl D1.pdf 04-01289-exhibitl D2.pdf 04-01289-exhibitl D3.pdf 04-01289-exhibitl E.pdf 04-01289-budgetary impact.pdf 04-01289-affidavit. pdf 04-01289-letter. pdf 04-01289-cover memo.pdf 04-01289-resolution.pdf 04-01289-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0773 CA.5 04-01290 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE CITY MANAGER TO EXECUTE A SOUTH FLORIDA MONEY LAUNDERING STRIKE FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT AND VARIOUS OTHER LAW ENFORCEMENT AGENCIES, TO RECEIVE AND EXTEND MUTUAL AID IN THE FORM OF LAW ENFORCEMENT SERVICES AND RESOURCES TO ENSURE PUBLIC SAFETY AND ADEQUATELY RESPOND TO INTENSIVE SITUATIONS, INCLUDING, BUT NOT LIMITED TO NATURAL AND MANMADE DISASTERS OR EMERGENCIES AS DEFINED IN PART 1, CHAPTER 23, OF THEFLORIDA STATUTES. 04-01290-exhibit. pdf 04-01290-cover memo.pdf 04-01290-resolution.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-04-0784 Chairman Sanchez: And we go to Consent Agenda 5, which is a mutual aid agreement with FDLE (Federal Department of Law Enforcement). City ofMiami Page /0 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Deputy Chief Frank Fernandez: Thank you, Commissioner. Frank Fernandez, Deputy Chief Miami Police Department. Commissioner Allen, in -- Commissioner Allen: Yes. Deputy Chief Fernandez: -- regards to your question, no, there is no fiscal impact, and there will be none in far -- in terms of a mutual aid agreement with this entity right now. Commissioner Allen: OK. Deputy Chief Fernandez' OK, sir. Commissioner Allen: All right. Thanks. Deputy Chief Fernandez: Thank you very much. Chairman Sanchez: Are you satisfied with that -- Commissioner Allen: Yes. Chairman Sanchez: -- response, Commissioner Allen? OK. Is there a motion to approve Consent Agenda 5? Vice Chairman Gonzalez: Move it. Commissioner Allen: Move it. Chairman Sanchez: There's a motion by Vice Chairman Gonzalez. I need a second for the purpose of discussion. Commissioner Allen: Second. Chairman Sanchez.' Second by Commissioner Allen. It is open for discussion. Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. CA.6 04-01291 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO CREATE A CITY OF MIAMI ("CITY") LOCAL MITIGATION STRATEGY PROCESS TO IDENTIFY AND PRIORITIZE PROJECTS THAT SERVE TO MITIGATE THE RISK AND THREATS BY FACILITATING STATE AND FEDERAL FUNDING FOR CITY INITIATIVES IN CONNECTION WITH THE MIAMI-DADE COUNTY LOCAL MITIGATION PLANNING INITIATIVE AND THE COMMUNITY RATING SYSTEM FOR NATIONAL FLOOD INSURANCE; DIRECTING THE CITY MANAGER TO UNDERTAKE THE NECESSARY RELATED PROCEDURES AND TO PROVIDE ANY NECESSARY DOCUMENTS AND AGREEMENTS FOR EACH PROJECT TO THE RISK MANAGEMENT ADMINISTRATOR AND THE CITY ATTORNEY FOR PRIOR REVIEW, FOR SAID PURPOSES. City ofMiami Page 11 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 04-01291-worksheet.pdf 04-01291-strategy.pdf 04-01291-list of Proposed hazard mitigation project.pdf 04-01291-pre resolution.pdf 04-01291-contract review form.pdf 04-01291-cosulting agreement.pdf 04-01291-appendix A.pdf 04-01291-appendix B.pdf 04-01291-interlocal agreement.pdf 04-01291-scope of work.pdf 04-01291-extension request.pdf 04-01291-resolution.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0774 CA.7 04-01292 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 01-979, ADOPTED SEPTEMBER 25, 2001, WHICH AWARDED A BID AWARDED TO SOUTH FLORIDA MAINTENANCE SERVICES, FOR THE PROVISION OF GROUNDS MAINTENANCE SERVICES AT THE MIAMI RIVERSIDE CENTER, TO CHANGE THE BID TO A CITYWIDE BID FOR THE DEPARTMENT OF PURCHASING; ALLOWING OTHER DEPARTMENTS AND AGENCIES TO UTILIZE THE CONTRACT, PURSUANT TO SECTION 3.32 OF INVITATION FOR BID NO. 00-01-171, DATED JUNE 11, 2001, ALLOWING THE ADDITION OF NEW FACILITIES AND INCREASES TO THE ANNUAL AMOUNT AS NEEDED, SUBJECT TO BUDGETARY APPROVAL, AND AS ALLOWED BY CONDITIONS OF THE BID; AMENDING RESOLUTION NO. 01-979, TO REFLECT SAID CHANGES. 04-01292-works heet. pdf 04-01292-pre resolution.pdf 04-01292-resolution.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0775 Chairman Sanchez: We go to Consent Agenda 10. Commissioner Regalado: I'll move it. Chairman Sanchez.: There's a -- Vice Chairman Gonzalez: Second for discussion. Chairman Sanchez: There's a motion by Commissioner Regalado. It is second by Vice Chairman Gonzalez for the purpose of discussion. Commissioner -- Vice Chairman Gonzalez, you're recognized. City of Miami Page 12 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Vice Chairman Gonzalez: Yes. I only have one question, and it relates to Item Number 3, which is history of the item. The Department of Employee Relations conducted a strategic analysis of training needs to provide ongoing citywide support to various department needs for staff-- for staff development, I'm sorry. Florida International University Metropolitan Center is prepared to provide citywide employee training in the areas such as, but not limited to, technical job skill training and development, such as, blank -- Chairman Sanchez: Is there anyone from -- Vice Chairman Gonzalez: -- but not limited to -- Chairman Sanchez: -- the administration to address this -- Rosalie Mark (Director, Employee Relations): I'm sorry, Commissioner. Chairman Sanchez: -- to answer this question. Ms. Mark: I couldn't hear your question. Rosalie Mark, Director, Employee Relations. I couldn't hear your question. Vice Chairman Gonzalez: OK. My comment is that on the training that is going to be provided citywide, employee training in the area "such as" -- and then it jumps to "but not limited to," and then "technical job skill training and development." Such as what and not limited to what? Ms. Mark: Such as -- Vice Chairman Gonzalez: The language is not clear. To me, it's not clear. Ms. Mark: There was an attachment, I believe, to the original agreement, and 1 did provide -- I'm trying to think whether it was Commissioner Regalado's office that inquired about the same thing, and I can provide it to you, but basically, it's skills that are more tangible, hard skills; things such as telephone skills, critical thinking -- Vice Chairman Gonzalez: Yeah, but -- Ms. Mark: -- skills, those types of things. Vice Chairman Gonzalez: -- why -- that was something that was discussed here at the last meeting, 1 think it was, that some of these items don't come, you know, complete. I mean, we go through the agenda and this is what we read and this is what we go by, you know. You provide us with maybe 10, 000 pages. I don't think you expect anybody to read 10,000 pages in four days, because we receive the agenda a week before the meeting, and then we have to have a serious meeting with all the City departments, so you know, the more explicit that this worksheet that we receive, the better for us to understand exactly what you're trying to do. Ms. Mark: I understand. Vice Chairman Gonzalez: OK. Chairman Sanchez: I believe -- Vice Chairman Gonzalez: At this point, I'm very uncomfortable on voting on this and, you know Ms. Mark: Could I provide that to you now, or do you want -- City ofMiami Page 13 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Vice Chairman Gonzalez: No, not now. We have an agenda -- we're going to be here until next Friday, you know. Chairman Sanchez: Well, why don't we do something? Why don't we do something? The Commissioner makes a valid concern. Why don't we table it till this afternoon, giving you opportunity to either meet with him and see if he's satisfied with your explanation as to it, and we'll bring it back. If not, you know, we'll defer the item to the next Commission meeting, because we've got to move on. We got a long -- Ms. Mark: OK. Vice Chairman Gonzalez: All right. Chairman Sanchez: -- agenda. OK, so we'll go ahead and table CA.10 till this afternoon, if the Commissioner is satisfied. If not, we'll go ahead and defer the item. The City Clerk's Office will provide information as to the status of this item. CA.8 04-01293 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PURCHASE OF BOTTLED WATER, AND THE RENTAL OF DISPENSERS WITH ZEPHYRHILLS NATURAL SPRING WATER, FOR THE DEPARTMENT OF PURCHASING TO BE UTILIZED BY VARIOUS USER DEPARTMENTS AND AGENCIES, ON AN AS -NEEDED CONTRACT BASIS, AWARDED UNDER THE BROWARD SHERIFF'S OFFICE BID NO. 4-1-7-036, EFFECTIVE THROUGH MAY 31, 2006, SUBJECT TO FURTHER EXTENSIONS OR REPLACEMENT CONTRACTS BY THE BROWARD SHERIFF'S OFFICE, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, AT AN ANNUAL AMOUNT NOT TO EXCEED $25,000; ALLOCATING FUNDS FOR THE CURRENT AND FUTURE FISCAL YEARS FROM THE OPERATING BUDGETS OF THE VARIOUS USER DEPARTMENTS AND AGENCIES, SUBJECT TO BUDGETARY APPROVAL. 04-01293-work sheet.pdf 04-01293-tabu lation. pdf 04-01293-city of maimi fax.pdf 04-01293-departments.pdf 04-01293-faxes.pdf 04-01293-letter. pdf 04-01293-invitation to bid.pdf 04-01293-bid award.pdf 04-01293-resolution.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0776 CA.9 04-01296 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING BIDS FROM A1A EMPLOYMENT OF MIAMI, AEROTEK, PACESETTER PERSONNEL SERVICE, AND WESTAFF (USA), INC., PURSUANT TO INVITATION OF BIDS NO. 03-04-137, RECEIVED AUGUST 30, 2004, City of Miami Page 14 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 FOR THE PROVISION OF TEMPORARY PERSONNEL SERVICES, FOR THE DEPARTMENT OF EMPLOYEE RELATIONS TO BE UTILIZED CITYWIDE, ON AN AS -NEEDED CONTRACT BASIS, FOR A TWO-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, IN THE PROPOSED ANNUAL AMOUNT NOT TO EXCEED $450,000; ALLOCATING FUNDS FROM THE CURRENT FISCAL YEAR'S OPERATING BUDGETS OF THE VARIOUS USER DEPARTMENTS AND AGENCIES, WITH FUTURE FISCAL YEAR FUNDING SUBJECT ONLY TO BUDGETARY APPROVAL AT TIME OF NEED. 04-01296-worksheet.pdf 04-01296-award form.pdf 04-01296-award sheet.pdf 04-01296-tabulation of bids.pdf 04-01296-bid security list.pdf 04-01296-resolution.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0777 CA.10 04-01297 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, IN ACCORDANCE WITH SECTION 18-112 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WITH FLORIDA INTERNATIONAL UNIVERSITY METROPOLITAN CENTER, TO PROVIDE CITYWIDE EMPLOYEE TRAINING AND DEVELOPMENT, TO BE UTILIZED BY VARIOUS USER DEPARTMENTS AND AGENCIES, ON AN AS -NEEDED BASIS, FOR A TWO-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL TWO-YEAR PERIODS, AT AN ANNUAL AMOUNT NOT TO EXCEED $100,000; ALLOCATING FUNDS FROM THE CURRENT FISCAL YEAR'S OPERATING BUDGETS OF THE VARIOUS USER DEPARTMENTS OR AGENCIES, WITH FUTURE FISCAL YEAR FUNDING SUBJECT ONLY TO BUDGETARY APPROVAL. 04-01297-exh i b it. pdf 04-01297-worksheet.pdf 04-01297-resolution.pdf 04-01297-PSA award sheet.pdf 04-01297-budgetary impact.pdf 04-01297-voting conflict.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Abstained: 1 - Commissioner Winton R-04-0807 Chairman Sanchez: All right. Let's take up CA.10, and then we'll move to RE.7. City ofMiami Page 15 Printed on I/11/2005 City Commission Verbatim Minutes December 9, 2004 Commissioner Winton: CA. 10 -- Commissioner Allen: Wait, wait. Mr. Chairman. Jorge L. Fernandez (City Attorney): That's the one where -- Commissioner Allen: Wasn't there an issue that you wanted to bring up -- Mr. Fernandez: -- Commissioner Winton is not voting -- Commissioner Allen: Commissioner Winton? Mr. Fernandez: -- on this item. Commissioner Allen: Yeah. Commissioner Winton: Oh, I thought we brought it up -- I thought that's the reason I left. Mr. Fernandez: No. Commissioner Winton: You brought it back up. I left. Mr. Fernandez: No, but they never voted. Commissioner Allen: Right. Chairman Sanchez: I thought we did. Commissioner Winton: You mean, I left all that time and you didn't even bring it up? Commissioner Allen: We didn't. Chairman Sanchez: All right. Leave again. Commissioner Allen: Wait. Commissioner Winton: Can Igo home? Chairman Sanchez: No. Commissioner Regalado: No. Mr. Fernandez: No. Commissioner Allen: But, Mr. Chairman, before Commissioner Winton leaves, wasn't there an item that you wanted to -- Commissioner Winton: No, we fixed it. Chairman Sanchez: No. We fixed it. Mr. Fernandez: We fixed it. Commissioner Allen: Oh, OK. City of Miami Page 16 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Commissioner Winton: We fixed it right when we got back here. Commissioner Allen: All right. Mr. Fernandez: Yes. Chairman Sanchez: All right. Johnny -- Commissioner Winton: Thank you, Commissioner Allen. Chairman Sanchez: -- go take a break. OK. Is there a motion on CA.10? Vice Chairman Gonzalez.: Move it. Chairman Sanchez: There's a motion by Vice Chairman Gonzalez. Is there a second? Commissioner Allen: Second. Chairman Sanchez: Second by Commissioner Allen on CA.10. Open for discussion. 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." Consent Agenda 10 has been approved unanimously. CA.11 04-01298 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), ESTABLISHING A SPECIAL REVENUE FUND ENTITLED: "CPAP/STATE OF FLORIDA EMS MATCHING GRANT M4066 AWARD (FY 2004)," TO SUPPORT THE PRE -HOSPITAL ACTIVITIES AND OTHER EMERGENCY MEDICAL SERVICES ITEMS, AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN THE AMOUNT NOT TO EXCEED $44,600, CONSISTING OF A GRANT, IN THE AMOUNT NOT TO EXCEED $33,450, FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH, BUREAU OF EMERGENCY MEDICAL SERVICES ("EMS"), "FLORIDA EMS GRANT PROGRAM FOR EMS ORGANIZATIONS," WITH REQUIRED MATCHING FUNDS FROM THE CITY OF MIAMI ("CITY"), IN THE AMOUNT NOT TO EXCEED $11,150; ALLOCATING FUNDS FROM THE CITY'S OPERATING BUDGET, ACCOUNT CODE NO. 001000.280601.6.714; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT ACCEPTANCE OF THE GRANT. City of Miami Page 17 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 04-01298-exhibitl .pdf 04-01298-exh i b it2. pdf 04-01298-exh ibit3. pdf 04-01298-exh ib it4. pdf 04-01298-exh ib it5. pdf 04-01298-exh ibit6. pdf 04-01298-exhibit7.pdf 04-01298-ex h ib it8. pdf 04-01298-account inquires.pdf 04-01298-budgetary impact.pdf 04-01298-coral gables hospital letter.pdf 04-01298-resolution.pdf 04-01298-worksheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0778 CA.12 04-01301 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), ESTABLISHING A SPECIAL REVENUE FUND ENTITLED: "AED/STATE OF FLORIDA EMS MATCHING GRANT M4067 AWARD (FY 2004)," TO SUPPORT THE PRE -HOSPITAL ACTIVITIES AND OTHER EMERGENCY MEDICAL SERVICES ("EMS") ITEMS AND APPROPRIATING FUNDS, IN THE AMOUNT OF $203,000, CONSISTING OF A GRANT, IN THE AMOUNT OF $ 152,250, FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH, BUREAU OF EMS, FLORIDA EMS GRANT PROGRAM FOR EMS ORGANIZATIONS, WITH REQUIRED MATCHING FUNDS FROM THE CITY OF MIAMI ("CITY"), IN THE AMOUNT OF $50,750; ALLOCATING SAID MATCHING FUNDS FROM THE CITY'S OPERATING BUDGET, ACCOUNT CODE NO. 001000.921002.6.270; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT ACCEPTANCE OF THE GRANT. 04-01301-exhibitl .pdf 04-01301-exh ibit2. pdf 04-01301-exhibit3. pdf 04-01301-exhibit4. pdf 04-01301-exhibit5.pdf 04-01301-exhibit6.pdf 04-01301-exhibit7.pdf 04-01301-account inquires.pdf 04-01301-AHA letter.pdf 04-01301-budgetary impact.pdf 04-01301-city of miami letter.pdf 04-01301-coral gables hospital.pdf 04-01301-letter.pdf 04-01301-pre resolution.pdf 04-01301-resolution.pdf 04-01301-worksheet.pdf City ofMiami Page 18 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0779 CA.13 04-01302 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN INCREASE IN THE CONTRACT AWARDED TO SABRE COMMUNICATIONS CORP., PURSUANT TO RESOLUTION NO. 04-216, ADOPTED APRIL 8, 2004 , IN AN AMOUNT NOT TO EXCEED $8,245, INCREASING THE CONTRACT AMOUNT FROM $98,963 TO $107,208, FOR THE CHANGE ORDER PREPARED TO REDESIGN THE TOWER FOUNDATION FROM A MAT AND PIER TO A CAISSON DESIGN, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), FOR SAID PURPOSE; ALLOCATING FUNDS FOR SAID INCREASE FROM CAPITAL IMPROVEMENT PROJECT NO. 311052.429401.6.840, B-74202; AND AMENDING RESOLUTION NO. 04-216, TO REFLECT SAID INCREASE. 04-01302-worksheet. pdf 04-01302-budgetary impact.pdf 04-01302-master report.pdf 04-01302-text file report.pdf 04-01302-memo.pdf 04-01302-sabre. pdf 04-01 302-un iversal. pdf 04-01302-appendixA.pdf 04-01302-appendixB. pdf 04-01302-increase of contract.pdf 04-01 302-resol ution. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0780 CA.14 04-01340 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "2004-2005 OUT -OF -SCHOOL TIME PROGRAM" AND APPROPRIATING FUNDS, IN THE AMOUNT OF $77,500, FOR THE OPERATION OF SAID FUND, CONSISTING OF GRANT AWARDS FROM THE FLORIDA DEPARTMENT OF HEALTH, BUREAU OF CHILD NUTRITION PROGRAMS ("STATE") TO PROVIDE REIMBURSEMENT FOR THE PROVISION OF FOOD TO THE PARTICIPANTS OF THE CITY OF MIAMI'S 2004-2005 OUT -OF -SCHOOL TIME PROGRAM; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE FOR SAID PROGRAM; AND TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT ACCEPTANCE OF THE GRANT AWARDS. City of Miami Page 19 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 04-01340-cover memo.pdf 04-01340-budgetary impact.pdf 04-01340-resol utio n. pdf 04-01340-exh i b it1. pdf 04-01340-exhibitl a.pdf 04-01340-exhibitl b.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0781 CA.15 04-01327 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS ), ACCEPTING THE BID OF MCM CORPORATION, FOR THE PROJECT ENTITLED "FLAGLER STREET MARKETPLACE STREETSCAPE PROJECT, B-40667," IN THE TOTAL BID AMOUNT NOT TO EXCEED $9,112,046.50; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT ("CIP") NOS. 341139, IN THE AMOUNT OF $1,942,357, 341140 IN THE AMOUNT OF $3,808,074, AND 341184, IN THE AMOUNT OF $3,361,616.50, FOR CONSTRUCTION COSTS, PLUS THE AMOUNT NOT TO EXCEED $728,963 FROM CIP NO. 341184, FOR ESTIMATED EXPENSES INCURRED BY THE CITY OF MIAMI, FOR TOTAL CONSTRUCTION COSTS NOT TO EXCEED $9,841,010.50, AS SET FORTH ON THE FORMAL BID DOCUMENT AND THE DEPARTMENT OF CAPITAL IMPROVEMENTS PROJECT FACT SHEET, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 04-01327-exhibitl .pdf 04-01327-exh ibit2. pdf 04-01327-exh i bit3. pdf 04-01327-resolution.pdf 04-01327-budgetary impact.pdf 04-01327-worksheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Conunissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0782 CA.16 04-01347 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "HOMELESS PROGRAM DONATIONS 2004" AND APPROPRIATING FUNDS IN THE AMOUNT OF $19,948.16, FOR THE OPERATION OF SAID FUND, CONSISTING OF DONATIONS RECEIVED FROM THE MIAMI-DADE HOMELESS TRUST IN THE AMOUNT OF $13,500 AND THE MIAMI COALITION FOR THE HOMELESS IN THE AMOUNT OF $6,448.16, FOR THE PURPOSE OF FUNDING THE POSITION OF FEEDING COORDINATOR TO THE HOMELESS STREET FEEDING PROJECT; AUTHORIZING THE CITY City of Miami Page 20 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT ACCEPTANCE OF SAID DONATIONS. 04-01347-cover memo.pdf 04-01347-resolution. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0783 Adopted the Consent Mende Motion by Vice Chairman Gonzalez, seconded by Commissioner Regalado, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen END OF CONSENT AGENDA Chairman Sanchez: We go on to the consent agenda. Are there any items that any of the Commissioners or the City Manager will like to pull from the consent agenda? Commissioner Winton: Mr. Chairman, I would like to pull CA.10 in that I have a conflict of interest here. The contractee is a tenant in our downtown building, so I've consulted with the City Attorney's Office and they've suggested that, in abundance of caution, 1 recuse myself from CA.10. Chairman Sanchez: CA.10 is being pulled out of the consent agenda for the time now. Any other items from the Commissioners that wish to be pulled out of the consent agenda? If hearing none, I need a motion to approve the consent agenda. Vice Chairman Gonzalez: Move the consent agenda. Chairman Sanchez: There is a motion by Vice Chairman Gonzalez, and I believe a -- Commissioner Regalado: Second. Chairman Sanchez: -- second by Commissioner Regalado. It is open for discussion. Hearing no discussion -- Commissioner Allen: Wait, Mr. Chairman. Chairman Sanchez: Yes, sir. Commissioner Allen, you're recognized. Commissioner Allen: Just one moment quickly just to peruse this. Bear with me one moment, if you will, please. One second. Chairman Sanchez: While Commissioner Allen consults with our City Attorney, Mr. City Manager, if I may bring this to light to your attention. 1 think that in the sake of best practices, that no item should ever come in front of the Commission without going through the Legal Department and getting the full blessing and seal of approval from the City Attorney's Office, and the reason is we want to stay away from any possible liability that may exist, and I know that in the practice -- reviewing the agenda now and sitting with most of the departments that have an item in front of this Commission, and sitting with the City Attorney and acting in a more professional manner of decor in this Commission, it is paramount that no item be brought in City of Miami Page 21 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 front of this Commission without having the seal of approval from the City's Attorney's Office. Having said that, Commissioner Allen, you're recognized. Commissioner Allen: Yes, Mr. Chairman. This is with respect to CA.5. If there's anyone here, I'd just like to --from the Police Department. This is concerning, I believe, a mutual aid agreement for the Department of Law Enforcement. I believe it's with respect to a strike force. My only question is, I noted here it says -- does -- whether or not this item has any fiscal impact and the answer is no, but this is a -- for lack of a better description -- a mutual agreement, so you can guarantee that these other agencies will not be charging us, you know, for certain services. Could you explain -- expound on that a bit, please? Chairman Sanchez: Commissioner Allen, before you do that -- Commissioner Allen: Yes. Chairman Sanchez: -- would you allow me? What item is that, CA (Consent Agenda) what? Commissioner Allen: That's CA.5. Deputy Chief Frank Fernandez (Deputy Chief of Police): CA.5, sir. Chairman Sanchez: Could we do something? Could we pull that one and approve the rest, and then we'll get back to it? And that way we'll -- Commissioner Allen: Sure, sure. Chairman Sanchez: OK. Let's go ahead and pull that item, so we have CA. 10 and CA -- Deputy Chief Fernandez: 5. Chairman Sanchez: -- 5 that are being pulled and we'll discuss them; that way we'll pass the rest of the consent agenda for the sake of time. Is there a motion -- Vice Chairman Gonzalez: OK, I'll amend -- Chairman Sanchez: -- to approve -- Vice Chairman Gonzalez: -- my motion to approve the consent agenda, with exception of CA.5 and CA.10. Chairman Sanchez: OK, the motion -- Commissioner Winton: Second. Chairman Sanchez: -- has been amended by the maker and the second of the motion, approving all the consent agenda, except 10 and 5. 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. SPECIALLY SCHEDULED ITEMS SS.1 04-01328 PRESENTATION City of Miami Page 22 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 INTRODUCING MANAGEMENT INITIATIVE AND ORGANIZATIONAL STRATEGY OF THE OFFICE OF THE CITY ATTORNEY. 04-01328-email.pdf City Commission 12-09-04.pps 04-01328-Mangement Initiative & Organizational Strategies.pdf PRESENTED Chairman Sanchez: We go on into SS, which is a Special Scheduled item, and that is, of course, management initiative and organization strategy of Office of the City Attorney. Mr. City Attorney, sir, you're recognized. I believe you have a presentation. Jorge L. Fernandez (City Attorney): Yes. We're trying to bring up the screen, both at your -- at the dais. There we go. We also -- you should also have this book that I distributed to you in days past, but basically, the summary of what's contained in this book will be the subject matter of a very quick PowerPoint presentation that I'd like to make to you. Today marks the third monthly anniversary of my residence here in the City of Miami. It was three months ago that this Commission swore me in and I started my duties as your City Attorney. Over the last three months, I have had an opportunity to look at the state of the City and, certainly, take a very close look at my office and do an assessment of the needs that we have, and also plan as to the direction that we want to take the office in. We are developing a few slogans, if you will. We're looking at coming up with a mission statement so that we can have a very clear message that we communicate to you, as our main client, but also to the administration and, ultimately, to the entire city. We're committed to serve the City and dedicate it to excellence in everything we do. We have core values that prompt us to act at all times. We have a very deep and a very keen sense of ownership with regard to our tasks and what is expected of us. We are not 8 to 5 employees. We have a sense of ownership of that which has been entrusted to us that really transcends what may be expected by the general public of otherwise, local government employees. We are committed to accountability. We will account to the penny, to they minute on every issue that's entrusted to us, and you will see, in short order, what we mean by this, and also, transparency. Everything we want to do, we want it to be transparent. We want to hold it up against the light of day so that everyone, Commissioners, administration and the public in general can see what we do and how we do it. Our mission statement is very short, concise, but it's critically important that an organization, such as the City Attorney's Office, has a clear statement of purpose and mission, and ours is "to provide quality legal services to the City, its Commission, administration and other boards, authorities and committees"-- and here are the operative words -- "in a timely, efficient and cost-effective manner." We have a plan of work to achieve that, and goals and objectives developed under each of these major headings: personnel, resources, systems and programs, and over the next three months, you will be receiving periodic reports on the goals and objectives, and these are all measurable goals with regard to when they're expected to be accomplished, and the results that we expect from each of these areas. We have our authority from the Miami Charter where, in essence, it provides that the City Attorney is a chief legal officer. We counsel the City Commission, the administration and the officers, prosecute and defend on behalf of the City, prepare all contracts and instrument and issue legal opinions; that, in summary, is the task or the reason why we exist. It's also embodied in the Miami Code where the City Attorney supervises and controls all of the attorneys working for the City, both in-house attorneys and outside attorneys. Over the last three months, I have endeavored to make a thorough assessment of the strengths, the skills, talents, knowledge, abilities of the Office of the City Attorney, and this is an interesting graph. You'll also find this behind tab number 9 in your book. If you look in your book at tab number 9, you will see a more detailed analysis of what this graph says. Attorneys that have 15 or more years of experience, and then the next group, 7 to 14, and less than 7; here is -- as members of the Florida Bar. That means that, out of 27 lawyers in the office, 16 have been practicing for more than 15 years, so that's a little bit better than half of the lawyers in the office have depth of knowledge and experience as members of the Florida Bar. That is a very good sign. That shows that we have City ofMiami Page 23 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 the abilities. Between 7 and 14 have been practicing -- seven have been practicing between 7 and 14 years, and then four have less than seven years as experience being a lawyer. The next column here is local government. We have only eight attorneys in the office that have 15 or more years of experience in the area of local government law. This begins to concern me. This is less than one-third, or approximately one-third of the attorneys in the office have, you know, that quantum of experience in the area of local government; three between 7 and 14, and look, the majority of the people in the office, 16 lawyers have less than seven years of experience, and the last column is very similar to the middle one, which is years of experience with the City Attorney's Office, and here you see a reversal of the first column. Again, I'd like to engage you over a period of time on some of these analysis because I think it gives you a more concrete picture of where we stand and where we need to go. To implement all of the changes that I want to bring about, we've developed a matrix, and shortly, I'll introduce you very briefly to what that matrix is. We have established a funnel through which all legal services that is expected to be performed by my office must come through. Reporting to the client. My understanding is that in the past, neither this Commission nor the administration really were kept abreast as to the progress that was being made on files or on items that were in my office. That is changing. We will report, on a monthly basis, to each of you the status of all significant files, much like a private law firm does with its clients. When they send the bill to get paid, they send the report on the progress of that matter. Timing of work. We will be keeping time. We are acquiring a data system or a data program that will be producing time reports, and every attorney in the office will dutifully and carefully record how they spend every minute of their working day at the office. The expectation is that they, on a yearly basis, would bill no less than 1,800 hours, and from there, they can bill as much as I am able to challenge and motivate them. Client feedback. We will be seeking your input with regard to our performance. We want to know your impression and your appraisal of how well we are doing on your behalf, and we will be utilizing a number of tools to accomplish that: surveys, questionnaires, meetings. Now, who is the client? We need to define who the client is and in the book you will find, behind tab number 3, the fact that we have redefined the client. Each of you -- the Commission is a client, but each of you is also a client. All the departments of the administration are clients that they may request work, but we have limited the number of people that may ask for legal work in the office, so in the instance of Commissioners, as I have met with each of you, 1 have asked you to identi two, three individuals in your office that would be in a position to request legal work from my office. If anyone other than those identified individuals call and ask, they will get a very gentle reminder that they need to go back and get somebody authorized to actually put it in writing. We need to establish those controls because, otherwise, my experience is that without those controls, things don't really get done and get done well, so we have the ultimate client, we have authorized client, and then we have a system of request for legal services, which would be in the computer to make it accessible to everyone. That is the form. We've developed a matrix. If we had a little bit more time, we will go into depth, and I would have the division chiefs talk to you about the matrix, but I suspect that we don't have the time this morning to do that. Suffice it to say that we have reduced to categories, in these four areas, all the areas of practice that we have in the City. We have defined the universe. Nothing has escaped our ability to have everything cataloged The 100, 200, 300 and 400 series, those are the four major areas that subsume everything else. For example, under the 100, you have 101, which is all torts, and torts are litigation against the City, and you can read there. 108, worker's compensation, and like that, in the area of litigation and appellate practice, we have 15 areas. Same thing with 200, which is transactional. Any time we deal with a real property issue, it gets a 208 code, and then all the time gets billed to that code, as well as to that attorney. 300 and 400, in the area of land -- legislation, labor and personnel. The volume of timekeeping. This is the unit of time, and this is what would radically change with regard to the way that we do business. Everyone would be billing for their time because I believe that managed time maximizes legal resources. When you're held accountable to how you use your time, typically, you do better in performing. Clients are promptly and properly served Professional and staff are held accountable. This is in keeping with the accountability that we're introducing at all levels, and objective criteria is obtained for performance evaluation. Reporting to the client, critically important; perhaps, not done before, but now we will start City ofMiami Page 24 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 reporting on a regular basis on items of significance to the client. We will be reporting hours. We will be reporting by area of practice and by client, and for specific projects and assignment, as well as the individual attorney, cumulative hours recorded for a specific time period. Reducing outside counsel. This is one of the most alarming issues that I discovered when I took on the job, and that is the City's reliance on outside counsel. To me, it was quite disturbing. As you know, the budget of the City Attorney's Office is $5, 000, 000, and our reliance on outside counsel is in excess of $1,500,000 this past year. I haven't looked beyond this year, but by any stretch of the imagination, in 23 years that I have been in local government, I can tell you that there is something not correct with that formula and with those numbers, so I am intent on reducing the reliance of this city on outside counsel. Of course, I would need to have the competence and the skills in-house to be able to do that, as well as to establish or reestablish the level of trust and respect on the part of this Commission towards my office so that this Commission would not feel the need to have outside counsel represent them. Of course, there is always exceptions in highly, highly specialized areas, like bond work or in areas where there is an ethical conflict. On those issues, I intend to come to you, but it will be my request of this Commission that, in the future, whenever there is a need for outside counsel, that you would rely on my assessment and on my recommendations, and that you will not, on your own, choose to recommend or appoint outside counsel. The -- here is a few graphs and charts that / prepared showing how it is that we have done that. For example, in litigation, 32 cases this past year were referred to outside counsel. Of these 32 cases, only seven were because of conflict, which that leaves 25 cases that were assigned to outside counsel for any number of reasons, most of which, hereinafter, I would like to really weigh in seriously and make recommendations because my intent and my representation to you today is that over the next several months, these graphs would be considerably reduced. I've also given the same breakdown in terms of cost, and there you can see that, in litigation, we have spent $1,200,000. Office -wide initiatives, professionalism . It's extremely important that we continue to attract and encourage all the members of my staff to be the -- at the highest level of their commitment to their career and to professional issues. Mentoring. That's how we interact with each other in the office. Several strategies are being put in place so that we become much more collegiate in the way that we conduct our business, and ultimately, client delight. Call your attention to the fact that we're not seeking to satisfy the client. We're seeking to delight the client, and there, I am upping the ante, as it were. If any of you were to say "thank you" to me or to any of my attorneys for the work that we have done on a particular matter, we would be OK with that, but frankly, we're looking for you to say "wow" rather than "thank you" because only when we get you to "wow" do we know that we're really delighting you, and frankly, that is our goal, not just in some cases or on some matters, or with some people, but with everyone and every issue that we undertake. In order to achieve all of these things, Commissioners, 1 need to attract and retain highly skilled and motivated attorneys, and I am aggressively recruiting. As you know, there is a number of vacancies in my office that have resulted over the past several weeks, and I am aggressively recruiting, and what I am finding is that to be able to attract the top talent that this Commission deserves, I am restructuring the pay plan and the compensation structure of everyone in my office so that we come up to parity with other local government offices in the area, and certainly are able to compete with even the private sector, given that -- perhaps, not with money, but with a whole series of other benefits and other enhancements that we have by virtue of being local government, I believe that we can compete fairly with the private sector, so not only recruit aggressively but also train. It's critically important that we have money in the budget so that we can send people to get the training. For example, in the area of eminent domain. Presently, we don't have an attorney on staff that could do the eminent domain that, over the next two, three years, we will need to do because, as you know, the City's looking to embark on a number of projects where it would be critically important that we have the ability to exercise the power of eminent domain. Well, I intend to identify two top-notch lawyers in my office and send them to get the training so that we don't have to farm out to an outside counsel the issue of eminent domain, and that's where training comes critically important. Mentoring. I'm looking to access any number of individuals in this community who, by experience and by training, have the ability to help us, and I believe -- I'm strong -- very strong in this concept of collegial approach to City ofMiami Page 25 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 practicing law and also mentoring. Mentoring one another internally in my office, as well as on the outside, seeking those that have the knowledge so that they can share it with us and make us better and stronger, and 1 am hell-bent on providing a fulfilling career experience for any lawyer that comes to work in my office; making sure they understand that they're respected, appreciated, but also compensated in a competitive manner. Client feedback. And this is -- I conclude my report with this. We will constantly be asking because the mind -set is being changed to reflect an attitude of -- we want to know, on a constant basis, these questions -- the answer to these questions, and I would like for each of you to have these questions ready in mind whenever dealing with us: Does my lawyer keep me informed? Does my lawyer anticipate my needs? Does my lawyer contribute to the team approach? Does my lawyer work competently and efficiently? Does my lawyer answer the unasked questions? That's my presentation. Do you have any comments? Chairman Sanchez: Thank you, Mr. City Attorney. Is there any comments? Mr. -- Commissioner Regalado, you're recognized. Commissioner Regalado: Thank you, Mr. Chairman. Just, Mr. City Attorney, to tel you that, of all the plans, to me, the outside counsel commitment is one of the most important because to me, it not only is very difficult to understand the continuous need of outside counsel, but sometimes it's very difficult to explain to the people and to the media why, if we have such a -- what the people perceive as a huge City Attorney's Office, we need to continue to go out and seek -- it's either one or the other. Mr. Fernandez: I agree. Chairman Sanchez: Commissioner Allen. Commissioner Allen: Yes. Thank you, Mr. Chairman. Mr. City Attorney, you may recall, I did speak with you over the past several days, as well as most recently with the City Manager, and some of the issues that I obviously brought up in those discussions was the fact that, as you mentioned earlier, there are a number of vacancies in top-level positions, and I'd like to make a strong recommendation that you do consider a black or an African -American attorney with some years of experience in a position of authority, and that'll be reflective with the common practice of the City Attorney's Office over the last several years. As you very well know, we've had quite a few prominent and competent black attorneys who served in these various positions, because it appears to me -- you may recall, I guess, one of your more senior and seasoned attorney has left the office, and that begs another question. I'm concerned as to whether or not -- is there enough in the way of additional benefits, aside from the base pay, that will provide for some sort of incentive where attorneys won't use this as a stepping -stone, and/or those attorneys that do remain for a number of years have something to look forward to in the way of perhaps, pension plan, medical plans going forth after years of service, and if you could comment to that, and if could also have the City Manager to weigh in on this, I'd greatly appreciate it. Joe Arriola (City Manager): Yeah. We've had this discussion and, obviously, I had the discussion -- Commissioner Allen: Yeah. Mr. Arriola: -- with Jorge. The issue here is that whatever benefit that we are offering to the whole City is what -- exactly what the Attorney's Office is going to get. We are not going to design -- or we cannot design or will not design any special compensation when it comes to pensions or healthcare just for one department. Whatever you get or Commissioners get, or any executive, or any director, or any chief in the staff is what exactly the same thing that the attorneys are going to get, but I would not, you know, consider anything special for anybody because it's just not a fair case. I think that we do have a good plan. I do think that the plan is City of Miami Page 26 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 satisfactory to most -- I think to all of our directors and all our chiefs, and whatever we have is what the Law Department will get, exactly the same thing; no more and no less. Mr. Fernandez: Yes. Commissioner Allen: Right. Mr. Fernandez: Within the context of what the Manager has said, the pay plan, or the compensation plan that 1 am redesigning for the office contemplates maintaining ourselves within those parameters of the option, either participating in a pension or having a 401 to which the City contributes, and with regard to the group health its, of course, the plan for the City and all employees of the City alike. The areas where there is the ability for the City Attorney, acting independent of the administration, is for me to look at other areas of benefit, as well as salary, compensation package, putting that together and the treatment of certain individuals within the office, according to their level of experience and responsibility, akin to the executive or the management team that the parallel would be what the administration has in place. This is an issue that I, of course, intend to consult with each of you individually, and certainly work it with the Manager to make sure that it is fair and equitable, and yet, the City's legal needs are adequately met. Chairman Sanchez: Any other comments? If not, Mr. City Attorney, let me take this opportunity to praise you as for -- within three months of you being here, I -- you've only shown professionalism and truly taken a step in the right direction as to the best practices in that department. I think that the changes that you're making as to -- as they say, any change in culture is never smooth and, you know, we being human beings of -- rare creatures of bad habits in many ways, the implementating [sic] process that you're putting here really shows that you were really focusing on what the City has been able to accomplish, and the City -- I don't think anyone could belittle the success and the accomplishments that we've had looking into the modeling of the private sector programs that exist out there, not only in business but also in the legal aspect. Now comparing our legal office to big firms out there, one of the things that you spoke about being alarming was the amount offunds being spent on outside counseling, which is in the neighborhood of about $1,600,000, if I'm not mistaken, but some of the comments made by my colleagues here are -- I think need to be addressed, and that is that we don't need to be having attorneys that come work for us, that are using this City or their position as a stepping- stone, going into other -- the private sector. Now, I know that competing with the private sector is pretty tough, especially when we're spending $1,600,000 in outside counsel and for litigation. We're going to have to go out and attract good litigators, and when we hire good litigators, they cost money. You know, you can't go out there -- and there's an old saying that 'you get what you pay for," and I think that's one of the directions that you're heading is to going out there and looking at getting some good litigators to come in and not having to outsource some of these cases, but once again, I do want to take this opportunity to praise you in the steps that you're making to making your department a more efficient and accountable department, so with that, we'll -- Mr. Fernandez: Thank you. Chairman Sanchez: -- conclude your presentation, and thank you and your entire staff in the City of Miami Legal Department. MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ City ofMiami Page 27 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 DISTRICT 1 VICE CHAIRMAN ANGEL GONZALEZ D1.1 04-01339 DISCUSSION ITEM DISCUSSION CONCERNING THE EXTENSION OF THE RENT MORATORIUM AT THE MANUEL ARTIME COMMUNITY CENTER. 04-01339-email.pdf MOTION A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Regalado, and was passed unanimously with Commissioner Winton absent, to extend the moratorium on rental fees of social service agencies located at the Manuel Artime Center through the end of the first calendar quarter of 2005 (March 31); further stipulating that said agencies need to pursue ways to raise funds from the private sector and sources other than the City of Miami. Chairman Sanchez: OK. We move on to the next item, which is, I believe, the Mayor's item. Is there anything on the Mayor's item? The Mayor has nothing. We'll go -- do we want to do the Commissioners' item yet? Do we have -- Commissioner Regalado: Yes. Chairman Sanchez: We do? OK. We'll go on to Vice Chairman Angel Gonzalez, who has an item, extension of rent moratorium on the Manuel Artime Center. Vice Chairman Gonzalez: Yes, Mr. Chairman. I've been approached by different organizations that have -- that occupy space at the Manuel Artime, and their concern is that they had a -- there was a moratorium in place for their rent and, this year, that moratorium expired, and they have to start paying rent. I believe that some of these organizations are going to be paying as much as $800 in rent. I -- all I told them was that all I could do was bring it up and see if we could find a solution, but at the same time, I told them that, you know, they got to start looking for other sources of income, you know, from the private sector so they can, you know, continue to operate. As we all know, resources coming down from Washington and from the State, every day they're less and less, and less and less, and it's unfortunate for the disadvantaged people. It's unfortunate for the poor people of this City. It's unfortunate for, you know, this class of people that are the more hurt, but it's out of our hands; it's out of our control. I also explained them that we could not take general fund money to be used on social service issues, you know. Even though I sympathize 100 percent with their cause and I have seen the work that they do and it's very loyal, you know, it's very dedicated, there is some things that we cannot do, so all I wanted to know was, is there a way that we could help these people for another period of time and just put them on a final notice that, you know, after this date, that's it. You have to go out and do fundraising, you know. Because the problem is that a policy was established in this City years ago where -- I don't know if it was because of political reasons -- money was given away to every single group that came before this government. A function that should have been a function of the federal government was, little by little, becoming a function of the City of Miami. Now, the City of Miami is finding itself in a situation where the federal government is not sending money down, but is sending less money every year, and guess what? We are the ones that are blamed for it. Instead of people saying, "Thanks a lot for what you've done for us throughout the years, " you know, we are the bad people now because we don't give them the money that we don't have, and I explained it to them, that there is no way that we can get money from the general funds to provide social services. My promise was to bring it up for discussion and see if there was a way that we could assist these people, and that's all I'm doing, you know. City ofMiami Page 28 Printed on I/11/2005 City Commission Verbatim Minutes December 9, 2004 Chairman Sanchez: Commissioner Regalado - Vice Chairman Gonzalez: I leave it up to my colleagues and to the administration to -- Chairman Sanchez: Commissioner Regalado. Commissioner Regalado: Thank you very much, Mr. Chairman. I am very happy that Commissioner Gonzalez -- Vice Chairman Gonzalez has brought this item. Last year, the Commission accepted a proposal to not waive the rent, and we are -- we did not waive the rents. What we did is we started thinking outside the box, like the Mayor said, and what we did is we gave the Artime money for capital improvement that they had in their budget so the Artime could use what they had already allocated in their budget for capital improvement, in order to pay itself the rents of these people. I would say that if the agencies that are operating in the Manuel Artime cannot show the people of Miami, and the City, and the City Commission, and the administration that they are really taking care of the poorest of the poor, let's don't do something . Let's don't do anything, but it is the responsibility of all the governments, local small government to take care of our residents, and when we get calls about a four-way stop sign, we know -- and we have to tell the people -- that this is not under our control, but rather, it's the Miami -Dade County Public Works Department who decide whether or not we're going to get a four-way stop sign in a very dangerous intersection, but yet, we try. We ask. We appeal if they deny the four-way stop sign, and this is what we have to do. It is true that it is the federal government's responsibility to take care of the people in need. It is true that it is the state, even the county. However, these people are our people, our residents. They're living here. There's nothing we can do about them deciding to stay living in the City of Miami, so we really need this time to think outside the box, and if groups, like the House for the Blind, or the Kidney Foundation, or Catholic Charities need -- start paying $900 a month, starting next month, or I think, this month, what was going to happen is -- or Accion -- what was going to happen is that they going to have to cut down in their services. They going to have to tell 20 parents in Catholic Charities, we cannot accommodate your child here. Vice Chairman Gonzalez: And id me tell you, if you allow me -- and it's very important 10 point out that, for example, House of the Blind, the people there, they don't get paid salaries. Only a couple of instructors get paid salaries, but most of -- everyone else there is at work as volunteers; they provide services as volunteers. They don't get paid -- Commissioner Regalado: To 50 people that, unfortunately, cannot see, and all of them, 50 of them, live in the City of Miami, so if we are going to continue thinking outside the box, I would ask the administration, but especially Barbara, sometimes the City has been very successful in getting the loans that we have, in the past, not succeed in collecting, and Barbara's department has been very successful in getting those loans paid. Those loans have some kind of interest and some kind of regulation that you are allowed to use some small amount in social services programs when we get paid by the people that we gave this loan to, so it's either two things: If we do not have the possibility of doing the same this year like we did last year of using money for capital improvement in the Artime, then we should look at the loans that we are collecting. That small part maybe could be used to help subsidize some of the rent at the Artime, and what -- the only thing we need to request from these people, the only thing -- first of all, we need to know if they're really operating and, trust me, they are because the need is enormous, but the only thing is that they do not cut in service to a number of clients, if we go and help them subsidize part of the salary. To me, like I say always -- I mean, but I'm just -- it is my thought and I know I am alone. To me, the Artime is not a moneymaking operation. The Artime should be a community center serving the cultural and the social needs of the City of Miami, but that's another thing, so if we need to pay ourselves so we can have the Artime in the red or in the black, I don't know if we make money or lose money there. We need to do something about these agencies because if we don't do it today, we won't meet until January, and by January, these people in the Artime will be behind their rent three months, and then they're going to have the City after them, and City of Miami Page 29 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 then we're going to have a major crisis because they're going to start telling their people, "We have a problem. Call your Commissioner. Call your Mayor," and -- so, you know, it's easier to do it now than to do it in January and February because we're going to have to do it anyways. Barbara Rodriguez -Gomez: Barbara Rodriguez, Department of Community Development. First of all, Commissioner, there is no way we can do what we did last year. There is no general fund allocated to capital improvement projects at the Manuel Artime that we could swap dollars. We did do that research; it's not there. On reference to your comment about the collection of loans, yes, that's a true statement, and we do take that in consideration when we do the original funding to project how much we're going to collect that year, and 15 percent of that gets allocated to public service. As of now, there is nothing that we could help them -- award them funds. I know Commissioner Gonzalez came to our office looking for funds for the homes of the blind. They only got $6,000 last year. They do service 50 elderly blind. Yourself came and talked to us about helping them, too. We've been researching. We've been looking. As of now, there's nothing. Commissioner Regalado: OK. Ms. Rodriguez -Gomez: So I want to make sure that we understand that, as of now, I can't tell you if we -- Chairman Sanchez: Barbara -- Ms. Rodriguez -Gomez: -- have a great year ahead of us in our projections, and then we could put additional funding in public service. As of now, we don't. Chairman Sanchez: Barbara, what have we done for them in the past? I think it's important to say that because -- Ms. Rodriguez -Gomez: I think -- first of all, last year, every agency that proved that they had gotten reduction in funding got free rent for one year, and we said it last year, make sure that you go and find other funding because the funding was not coming. Every year we've got more reduction in funding, especially public service, which is the one that has a cap under Community Development, so they did get free rent. We've been working with every agency to make sure they apply, not only for the City, but through the county, the state, the feds, so we've been working with them. Unfortunately, some of them did not do that, did not go and apply for funding, and if you do that for Manuel Artime, I can assure you that there is other agencies throughout the City that faces that everyday. You have a waiting list of people that want to go to Southwest Social Service. You have a list of people waiting in Allapattah. You have it in De Hosto, so you know, everybody got hurt. We try to work with Manuel Artime last year, but this is not a policy, you know, that CD (Community Development), at least CD -- Commissioner Regalado: But -- excuse me, Barbara -- the policy in the County is that they will not fund, with social services money, any program that operates within the City of Miami. Ms. Rodriguez -Gomez: I think that that has changed, and 1 think that they are getting, Commissioner, because I can tell you that Allapattah, De Hostos, and all of those have, and what they're doing is pursuing to get more, and I think, up to now, they have not been getting their fair share -- Commissioner Regalado: 1 know -- Ms. Rodriguez -Gomez: -- but they are getting. Commissioner Regalado: -- that they have -- City ofMiami Page 30 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Ms. Rodriguez -Gomez: Right. Commissioner Regalado: -- but the policy is to have the County prioritize the agencies in the unincorporated areas first and then the different areas, so my question now to the administration, in January and February, you will know the projections for the loan payment? Ms. Rodriguez -Gomez: We do a reanalysis of our projection on a quarterly basis. Commissioner Regalado: OK. Ms. Rodriguez -Gomez: The quarter ends December 31 st. Of our first quarter of the year, we'll see what happen. 1 don't want to make promises that later on we keep on getting their hypes up and then we fail again and say "you promised." You know, we did look at -- Commissioner Regalado: We haven't -- Ms. Rodriguez -Gomez: -- and we will work on it, you know. Commissioner Regalado: No, we have no promises. I'm just saying -- Ms. Rodriguez -Gomez: Yeah, yeah. Commissioner Regalado: -- that you do the projections in February. Ms. Rodriguez -Gomez: We will come back and show you the projections, and it will be up to you to -- Commissioner Regalado: Well, I would request from Vice Chairman Gonzalez to make a motion to ask for a moratorium to expand in the next three months, so we can figure out what is coming Vice Chairman Gonzalez: That's -- Ms. Rodriguez -Gomez: They right now have to start paying rent, effective October 1st -- Commissioner Regalado: That's why. Ms. Rodriguez -Gomez: -- so they're already two months -- Commissioner Regalado: They're already behind. Ms. Rodriguez -Gomez: -- three -- right. Commissioner Regalado: That's what I'm saying. Vice Chairman Gonzalez: OK. That's exactly what I was thinking about while you were doing your arguments. I'm willing to make a motion to extend the moratorium until -- to cover the first quarter of next year so we can have time to evaluate the situation and see if we can find funding, but at the same time, I'm asking these organizations that they have to start doing some fundraising. 1 mean, you can do a radiothon; you can do a telethon. I mean, I know that the House for the Blind did a marathon two years ago. I contributed to it from the Chamber of Commerce, from the Allapattah Chamber of Commerce and also personally, and you know, this is something that you have to -- like the League Against Cancer do an event every year to raise funds, you know, you're going to have to start doing the same, you know, because actually, we're City ofMiami Page 31 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 talking $800 a month. $800 a month is not that, you know, big amount of money. If you do a radiothon, you can raise probably -- you know, you could raise up to $50,000, and that will help you with the rent and other services, and then if the City of Miami can help you somehow, we'll be more than happy to help you, but, you know, there will be a point when we are going to have to say no, and then, you know -- hey, we empathize with you 100 percent. I know what you do. I know the services you provide. I have seen it. I've been there, but you know, it's -- so you know how tough it is. Last year we collected 60 or 70,000 signatures and we sent them to Washington. We sent them to the White House. We sent them to the Senate. We sent them to the Congress requesting additional funding to be sent to the City. You know, we waited month and month and month, and let me tell you. In my district, 1 had a senior center that was going to left -- be left out without food. I'm talking about food, one meal a day. They were going to be out this year, and I had to do miracles, OK, and thanks to the Mayor, to Mayor Manny Diaz, we were able to provide meals to these people this year. I don't know what is going to happen next year because the result of the collection of 70,000 signatures mailed to Washington, the results are that Washington, that has the budget that it has, has sent us, or is going to send us, an additional $ 100, 000. That's how much we're getting from our federal government, so that is telling you exactly, you know, where we're going and we need to prepare, so my motion is to extend the moratorium for the first three months of next year to find a solution, but at the same time, you know, you need to start moving and doing -- you know, doing some telethon or some -- you know, to start raising money -- Chairman Sanchez: There's a motion to extend -- Vice Chairman Gonzalez: --from the private (UNINTELLIGIBLE). Commissioner Regalado: Second. Chairman Sanchez: -- for three months. There's a second. Discussion. Commissioner Winton and -- Commissioner Winton: Yes. 1 would like -- Chairman Sanchez: -- i will close on this. Commissioner Winton: -- to comment on this, and you all have heard this from me before, but you know that, in District 2, my social service budget over the last three years has been cut by -- 1 don't remember what it's up to now, whether it's 65 percent or 70 percent -- Ms. Rodriguez -Gomez: In the 60s. Commissioner Winton: -- so that in District 2 social service revenue has essentially dried up, and so, while I'm sympathetic to these agencies -- what Commissioner Gonzalez says is 100 percent correct -- there has to be -- they have to figure out a mechanism to become more self- sufcient to do the kind offundraising that they need to do, which is exactly what Ale had -- what I've been forced to tell the agencies in my district because there is no rational solution to this, other than they get out and do more fundraising, so I've said from day one that it's a slippery slope to begin cutting everybody's rent. I get -- I had a whole bunch of calls from my agency, "Why don't we do something about reducing their rent?" and I've said no, so I don't think 1 supported this motion the last time; I can't support it this time -- Chairman Sanchez: May I -- Commissioner Winton: -- and I'm not going to support it the next time. Chairman Sanchez: May i -- would you yield for me, please? City ofMiami Page 32 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Commissioner Winton: Yes, sir. Chairman Sanchez: We have this discussion every year. They might have just rolled the tape the tape over again and it's the same discussions. Commissioner Winton: Exactly. Commissioner Allen: Right. Chairman Sanchez: It's in my district; I'm very aware of those concerns, and every year they come in front of us. There's no funding, and every year we give them moratorium. We take funds that are supposed to go for repair to assist them. We do everything we can with these agencies. Look, government is not the solution to everything, OK? We have helped these organizations year after year after year, getting them a jump start. There are thousands of great organizations out there that are struggling every single day to keep their doors opened, and they're going beyond that reach of assistance, which is government, through the private sector, so all that we do here is that, sooner or later, we're going to have to draw that line. Vice Chairman Gonzalez: Oh, yeah. Chairman Sanchez: And it's going to be a painful line. It's painful for me to have organizations that come in front of me and tell me, `I don't have enough funding." Well, great. We want to help you, but what are you doing to help yourself? Oh, nothing, yet. You know, we're trying to figure out ways to raise money. We want to help them, but they got to be willing to help themselves, and you know, it's tough to say that because, for many, many years, I've provided all the assistance that I can with the limited resources that we have, and people need to take that into consideration. We're stretching the dollar today in this City further than it's ever gone before, and it's not enough for everybody, and it's tough when we're faced with the situation, but you know what? If you have an organization out there that's been there for years and every year they're struggling to keep their doors open and -- they need to find out what they need to do, whether they merge in with another organization, or they come up with innovative ways and creativity to find ways to obtain funds, so if there's no further discussion, the gentleman from the Lion's Club would like to speak. I know that you and I have had conversation, but, sir, you are always welcome and you're recognized. Mario Echevarria: Thank you. No, I would like to make only a comment regarding the different things that have been mentioned. Number one -- Chairman Sanchez: Sir, you please need to state your name and address for the record. Mr. Echevarria: Yeah. My name is Mario Echevarria. I'm the treasurer of the Lion's Home for the Blind. I'm a Lion. I belong to Lion International. I am the vice district governor of South Florida, and right now, I'm a volunteer working on behalf of the Lion's Home for the Blind, where I have been working for the last five years. I want to make a little summary. Up to 2000, the Lion's Home for the Blind was paying $1 rent for that space. The space, it has been the same for the last 25 or 30 years. In 2000, the City gave the Home for the Blind an allocation of $80, 000 from the CDBG (Community Development Block Grant) funds, but at the same time, " convinced" the administration of the Home for the Blind those days to sign a contract, and the sign was contract -- the contract was signed and the Home started paying, in that year, $417.97. Space have not changed in five years, and I cannot believe that, in five years, we have received an invoice of a monthly payment of $866. Something is wrong, and whoever was working as treasurer -- what I am now and I make an audit because it has been my professional life -- I found that, in 2002, rooms 406 and 407 were included in the calculation. 406 has always been with Artime Foundation, or MMR, but now it's Lion's Club that is taking that, but got nothing to City ofMiami Page 33 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 do with the Lion's Home for the Blind, and the 407 is the Josefina Castario. OK, from that moment, the calculation went up, and if everybody can believe that, in five years, the rent can increase 207 percent, that is totally unacceptable and unbelievable. We pay the rent in 2000/ 2001, 2001/2002. We asked only for the waiver last year because the $80,000 went down from 80 to $20,000, and this year, for everybody here present, went down to $5,000. This year we received $5, 000 and we have to pay, according with the invoice, $10,394 to the City of Miami. I believe there is something wrong, and I really recommend a good auditing on how all of that has been calculated. Thank you. Chairman Sanchez: Sir. Vice Chairman Gonzalez: Mr. Chairman. Chairman Sanchez: Sir, that's a valid concern that you have. If you think that there was some miscalculation as to the room -- Mr. Echevarria: No. This is -- I have copies of all the letters here. Chairman Sanchez: I'm trying to find a solution to your problem. My recommendation, as the Chair, is that you meet with our City director on that matter and see if there is a mistake, and see if we could work it out. I mean, you brought the attention out. Have you brought it out before to the City? Have you met with anybody in the City? Mr. Echevarria: No, because I did this -- Chairman Sanchez: OK. Well -- Mr. Echevarria: -- auditing a few days, and 1 gave it to Commissioner Gonzalez. I believe they gave you a copy also of these letters yesterday -- Chairman Sanchez: All right. Mr. Echevarria: -- they told me. Chairman Sanchez: It's on the record. I have not received the letter. It's on the record and I -- Mr. Echevarria: I can give you -- (UNINTELLIGIBLE) -- I can give you a copy. I can give a copy -- Chairman Sanchez: You don't need to give me the letter now. Mr. Echevarria: -- to everybody. Chairman Sanchez: It's fine. You don't need to give me the letter now. I'm just asking that you meet with the City and work that out, and maybe there is a reimbursement that you might get. You'll get that, but you have to meet with the City to determine that. Thank you so much, sir. Mr. Echevarria: I want also say -- Chairman Sanchez: Yes. Mr. Echevarria: -- that we removed the health insurance to the paid people that we have there, and in addition to that, as Commissioner Gonzalez said, we turn -- I turned down two Lions. Last year, Lions made donations for $30,000 to the Home for the Blind, and also, I went to several friends in the community and they also gave a donation. We're moving, but this is too City °MMiami Page 34 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 drastic to be covered by us. Thank you. Chairman Sanchez: Could you also provide me with your full budget as to all the assistance that you're getting from the Lions, which I visit your center in -- was it Central Florida that I drove all the way up there? You have a facility in Central Florida that I drove to see. Mr. Echevarria: Well, we have facilities in Central Florida -- Priscilla A. Thompson (City Clerk): I'm sorry, sir. I'm sorry -- Chairman Sanchez: You need to be on the record. Several years ago, I drove up to Ocala -- was it Ocala? Mr. Echevarria: The facility that we have in Central Florida are for all handicap kids, and it's the Lion's -- Florida Lion's Camp. Chairman Sanchez: Right. Mr. Echevarria: And that is for -- they giving -- they promoting self-sufficient, self-confidence to the blind kids, and every year, we take 400, 500 kids in the summer there for that type of training . Also, now that you ask us, we also have the Conklin Center. The Conklin Center is in Daytona Beach, and that is for training multi -handicapped people, and every year we train from all over, even Caribbean and South America, people just to be able to work. In addition to that, we have - - in Palmetto, in the west coast of Florida, we have the Southeastern Guide Dog. This is where we train the dogs for the blind people. We are devoted to work since 1925, to the blind community of the USA (United States of America) and now of the world Thank you. Chairman Sanchez: Thank you so much and please provide me with that information when you get a chance. OK. Vice Chairman Gonzalez: All right. Chairman Sanchez: There's a motion. No further discussion on it. Is -- it's waiving the rent for three months until we're able to find a solution to this ongoing problem. There's a motion and a second. No further discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, 4/ 0. OK. Thank you so much. Thank you. DISTRICT 2 COMMISSIONER JOHNNY L. WINTON DISTRICT 3 CHAIRMAN JOE SANCHEZ DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 04-01304 DISCUSSION ITEM City ofMiami Page 35 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM (SFETC) 04-01304-cover memo.pdf MOTION A motion was made by Commissioner Regalado, seconded by Vice Chairman Gonzalez, and was passed unanimously, to direct the City Attorney to explore the possibility of the City of Miami requesting a waiver from the Florida Legislature in order to have its own workforce development separate from the South Florida Employment and Training Consortium. Discussion of item D4.1 resulted in resolution below: (D4.1) 04-01369 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE SOUTH FLORIDA WORKFORCE BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: David Rosemond Commissioner Tomas Regalado 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-04-0812 Chairman Sanchez: We move on to the next item. Vice Chairman Gonzalez: Let's get moving. Chairman Sanchez: Commissioner Regalado, your blue page item, sir. Commissioner Regalado: Thank you very much, Mr. Chairman. It has to do with an item that has been discussed many, many, many, many times here in the City Commission, and I remember a meeting at the Miami Arena while the City Hall was being renovated. We had had a very lively debate and conversation about the South Florida Employment and Training Consortium. Just recently, our Auditor General, Mr. Igwe, did an audit on the South Florida Employment and Training Consortium, as directed by the City Commission several months ago, and I remember Frank Castaneda's statement very vividly and clearly, and what Frank said had been now -- officially been confirmed. We have a problem. I mean, it would be an understatement to say -- to repeat the phrase, "Houston, we have a problem," but we do have a problem with the South Florida Consortium, and Mr. Igwe, first of all, I'd like to say to you that what you did, it's important for us because you helped us understood the real situation. The fact of the matter is, in very simple terms, that the City is giving more than it's getting from South Florida Work Consortium, and if you can just briefly tell us -- well, the bad news of your report. Victor Igwe (Auditor General): Oh, OK. Thank you, Commissioner. My name is Victor Igwe. I'm the Auditor General for the City. The audit that you directed us to do had some good and bad findings. One of the first -- I'll do the -- I'll give you the good news and the bad news later. One of the good news that we had is that we looked at 60 expenditure transaction items, looking for the propriety of those expenditures. We did not find any exception. We also looked at the -- those that actually received -- that were -- those that were in the refugee program to make sure that they have all the right documentation. We didn't have an exception. We looked at, City ofMiami Page 36 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 specifically, people who participated in the program to determine their identity, who they are, if they, intact, exist. We didn't have an exception, and also, the agency was extremely very cooperative with us. They gave us all the records we wanted, and they never held back any information, so that's also good news. Now the bad news. One of the first things that we found was in the program years '02/'03 and '03/'04. The agency returned a total of $12, 000, 000 of federal monies because those monies were not disbursed in a timely manner, and in those two program years also, the agency also either discontinued or shut down 12 one -stop centers. Given the need that we have in this community, I believe every effort should be made to utilize all federal monies. We also looked at the level of liability that we have in the consortium. Of course, the consortium is made up offive members: the County, the City, Miami Beach, Monroe County and Hialeah. We tried to determine our level of liability. We have a total of one-third of the liability. This was what was agreed upon and signed in the interlocal agreement that we're a party to. We compared that level of liability, which is one-third percent, to the benefits that we derived from being a member, and we can — did this comparisons for the number of residents that were actually served. We also did the comparison for the number of one -stop centers and youth centers, the expenditures. All the ratios, all the relative of ratios were all less than one- third percent that we're actually liable to. Then the policy -making body, which is -- it's made up of 45 members. We are -- we can appoint only 14 of those. Fourteen of those translates to 31.11 percent, as compared to our level of liability, which is 33 percent. However, the County can appoint, I believe, 20. That translates into, I believe, 44 percent, but their level of liability is 41 percent, so we are the only consortium member that has an appointment that is lower than our liability threshold. Chairman Sanchez: Let me ask you a question. Mr. lgwe: Sure. Chairman Sanchez: The solution is -- Mr. Igwe: I'll get to that, Commissioner. Chairman Sanchez: Well, but it's the interlocal agreement. It's -- when does it expire, the interlocal agreement? Mr. Igwe: It has expired already. Chairman Sanchez: It has expired. Mr. Igwe: Right. Chairman Sanchez: So all -- Vice Chairman Gonzalez: So renew it. Chairman Sanchez: -- we have to do is negotiate and renew it to lower our liability. Mr. Igwe: Right. Vice Chairman Gonzalez: Exactly. Mr. Igwe: That's the -- my recommendation. Chairman Sanchez: Oh, OK. Mr. Igwe: We -- you know, we get back one appointment from the County. If the County can City ofMiami Page 37 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 give up one appointment -- I think they're willing to do that -- then that would bring us up to one- third percent, but one other problem we have with the appointments, though, is that we currently have four of the appointments vacant. Commissioner Regalado: I know that. Can I -- and that has been a problem. I remember that we were able to appoint several people, and one of the appointments that we made couldn't be accepted because it was from a not -for -profit group, although an expert in the area. Mr. Chairman, before you go on, I just want to say that we have still four open appointments, and it have to come from the private sector. That's the simple issue, and I would, right now, like to make a motion to appoint David Rosemond, on behalf of the City of Miami, to be a voting member in the board, effective immediately. Chairman Sanchez.' All right. Before we go any further, there's a motion to appoint David -- Commissioner Winton: Second. Vice Chairman Gonzalez: Second. Commissioner Allen: 1 second Vice Chairman Gonzalez: Second the motion. Chairman Sanchez: There's a second. Commissioner Allen: Good appointment. Chairman Sanchez: Second. Any further discussion on the item? Hearing none, just praises from his colleagues. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in -- anyone against, say "nay." Motion carries. Congratulations, David. Commissioner Regalado: OK. No, no congratulations. I'm sorry about you. Chairman Sanchez: Condolences. Vice Chairman Gonzalez: Sorry about you. Commissioner Regalado: And listen -- Vice Chairman Gonzalez: Our condolences. Commissioner Regalado: -- so we still have three voting members, but Mr. Chairman -- Vice Chairman Gonzalez: Should we appoint Mariano Cruz to that? Commissioner Regalado: Huh? Vice Chairman Gonzalez: Should we appoint Mariano Cruz? Commissioner Regalado: No, because he works for the government. I would have done that just to send a time bomb there, but he works for the government, so my concern is that what we're going to have here today probably is a commitment and some promises that we are going to be City of Miami Page 38 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 working very closely and all that, and I know now -- I didn't know before. When I placed this is the agenda, 1 did not know that Commissioner Allen and Commissioner Winton were working to create some kind of a special program for the City of Miami. I don't have the details, but I hope that the Consortium moves forward with this because the Consortium is getting $ 100,000, 000, and the poorest city in the country is not getting what it's entitled to from the Consortium, and mind you, I went to that -- those meetings several times during several years to defend some of the agencies, and stop -- one -stop centers that they closed in my district several years ago, and -- so my proposal to the City Commission to consider -- and I hope that you do -- is to direct our lobbying team in Tallahassee to seek, or to find out the possibility of getting a waiver from the Florida Cabinet so we can separate from the County and create our own workforce with 33 percent of the resources, which would be like about $30,000,000 a year, and so I would hope that at least we find out if we can do it. I know we can do it if the Cabinet give us -- Vice Chairman Gonzalez: Is that a motion? Commissioner Regalado: Yes, that is a motion. Vice Chairman Gonzalez: I'll second that motion. Chairman Sanchez: There is a motion and a second on the floor. Any further discussion on the item? Vice Chairman Gonzalez: Yes. Commissioner Allen: Well -- yeah. Vice Chairman Gonzalez: I would like to ask questions. Mr. Igwe: The -- Vice Chairman Gonzalez: I have questions. Chairman Sanchez: Well -- Mr. Igwe: Just a minute. We -- I have the -- Commissioner Allen: And also -- Mr. Igwe: -- Executive Director here. She wants to respond to -- Commissioner Allen: Yeah, and I also have a point of inquiry, as well, Mr. Chairman. Chairman Sanchez: Ma'am, state your name for the record. Edith Humes -Newbold: My name is Edith Humes -Newbold. I'm the Interim Director of South Florida Workforce. The address is nine -- no. 7300 Northwest 19th Street, Miami. I just want to make sure you're dealing with the facts. Our budget is no longer $100,000,000. It is now 73, 000,000 -- 663, 000, 000. Commissioner Regalado: Hey, we get the third part of it. Ms. Humes -Newbold: I know. I under -- but I don't want you to think, you know, you're talking about 30, 000, 000 and it's -- that's not what it is. Each year, we have received further reductions, and in July, 1 expect that we will continue to receive reductions. City ofMiami Page 39 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Chairman Sanchez: All right. Any questions? Vice Chairman Gonzalez: Yeah, I have questions. Commissioner Regalado: I'm all right with -- Commissioner Allen: Yeah. Commissioner Regalado: -- $70, 000, 000. I mean, you know. Commissioner Allen: 1 have a question for her, Mr. Chairman. Chairman Sanchez: Commissioner Regalado, Commissioner Gonzalez -- Commissioner Regalado: No, 1-- and 1 understand and I understand that the cuts -- I do understand also that some money have been returned, and we understand your predicament because the City now is in the same situation with the HUD (Department of Housing and Urban Development) money. If we don't expend it, we have to give it back, so it's a matter of numbers and regulations and all that. However, 1 think that we should explore the possibility of creating our own workforce because, frankly, your workforce has not been responsive to the City of Miami, and that is something that is of great concern to me because our district -- my district, the district that I represent has a large amount of unemployed people, and it's unfortunately that we are not being able to serve. Like I said, I don't know anything about the Commissioners Allen and Winton, but what I'm saying is whatever they want, whatever they need, you should be paying for immediately because for years and years, the City has been shortchanged by the Consortium, and it's about time that you start helping us. Chairman Sanchez: All right. There's a motion -- Commissioner Winton: And I will respond -- Vice Chairman Gonzalez: Yes. Commissioner Winton: -- to that. Vice Chairman Gonzalez: I have a question from Mr. Igwe, please. Mr. Igwe: Sure. Vice Chairman Gonzalez: You said that a number of service centers have been shut down, right? Mr. Igwe: That's correct. Vice Chairman Gonzalez: Where have those service centers been shut down? What area of the City of Miami? What group has this -- Mr. Igwe: Currently, we have two one -stop centers and seven youth opportunity centers. Vice Chairman Gonzalez: But what -- in what areas have been -- these places been shut down? Mr. Igwe.: You mean the districts or the -- Vice Chairman Gonzalez: Districts. City of Miami Page 40 Printed an 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Commissioner Winton: Location. I mean -- Mr. Igwe: Location. Vice Chairman Gonzalez: Locations. Commissioner Winton: Address, whatever you have. Commissioner Regalado: Flagler and 39th. Commissioner Allen: Perhaps, she can stand and assist you. Vice Chairman Gonzalez: Have these affected -- have these -- Commissioner Winton: 1 think -- Mr. Igwe: Maybe she can -- I can tell you -- Vice Chairman Gonzalez: Let me make it more clear. Mr. Igwe: Right. I can tell you how -- Vice Chairman Gonzalez: Let me make it more clear. Mr. Igwe: Right. Vice Chairman Gonzalez: Have the centers that have been shut down has been the centers that serve the Hispanic community? Commissioner Regalado: Yes, and only the -- and also the Afro-American community, too. Vice Chairman Gonzalez: All right, so you know, we're supposed to be serving the minorities. We're supposed to be serving the people with more need, and what we're doing is we're shutting them down. Commissioner Allen: Yeah, and that -- Vice Chairman Gonzalez: It's a -- I mean, it's a -- you know, it's the very good practice. Commissioner Allen: Right. Chairman Sanchez: All right. Vice Chairman Gonzalez: You know, it's -- they are to be commended. Commissioner Allen: That's one of my concerns, as well, but if I -- Chairman Sanchez: Commissioner Allen, you're recognized -- Commissioner Allen: Yeah. Chairman Sanchez: -- and then we need to move forward. Commissioner Allen: If I could. This is two quick questions. First, as a point of inquiry, Mr. Chairman, with respect to -- are there any board appointments that are still outstanding? City ofMiami Page 41 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Commissioner Winton: Yeah. Commissioner Regalado: Yeah, three. Ms. Humes -Newbold: You have four. Commissioner Allen: OK, right, so what I'd like to do right now, before 1 get to the second question, is that I would like to make a board appointment, Charles Byrd from the Economic Development. Ms. Humes -Newbold: Your board appointments to the South Florida Workforce that you make, you have currently now four vacancies; one is a mandated seat of a labor relations type person. The other three have to be private sector individuals, people with businesses, that you all select. Commissioner Allen: So we've already satisfied the one that's outstanding. Ms. Humes -Newbold: Right. Commissioner Allen: All right. Now, let me ask -- let me (UNINTELLIGIBLE) to the next question. These one -stop centers, in my district, I believe it's located on 79th Street, give or take. Ms. Humes -Newbold: The one -stop center in your district -- Commissioner Allen: Yeah. Ms. Humes -Newbold: -- I believe it's 30th and Biscayne; is that your district? Commissioner Winton: That's mine. Commissioner Allen: Yeah. That -- Ms. Humes -Newbold: OK, 30th and Biscayne Boulevard. Commissioner Allen: Yeah, but isn't there one at 79th? The reason why I'm asking -- Ms. Humes -Newbold: There's one on 79th. Commissioner Allen: Well, shouldn't it be more centrally located in my district? Ms. Humes -Newbold: The one -stop centers -- and we have been consolidating one -stop centers for the last three years. Commissioner Allen: Right. Ms. Humes -Newbold: We had 28. Commissioner Winton.' Much to our chagrin. Ms. Humes -Newbold: There is a standard by which one -stop centers are supposed to be created based on legislation. Three years ago, the majority of our one -stop centers did not meet those standards. We've moved to consolidate and make -- Commissioner Allen: Great. City ofMiami Page 42 Printed on I/11/2005 City Commission Verbatim Minutes December 9, 2004 Ms. Humes -Newbold: -- better and more efficient one -stop centers. Commissioner Allen: Right. Ms. Humes -Newbold: We -- Commissioner Allen: But my argument is that it should be more strategically or centrally located in the district. You're way at the north end. It should be more centrally located, perhaps in the Liberty City area, so I ask -- go ahead, madam. Ms. Humes -Newbold: Commissioner Allen, you don't know how hard we tried to locate a one - stop center within the Liberty City/Brownsville area. We could not find a location. The Caleb Center, we did not have the space to find one. Even in terms of youth opportunity centers, we looked — found a location and we had a person on our board who's a contractor to look at it. The amount of money it would take to upgrade the facilities, to find something that's large enough -- Commissioner Allen: OK. Ms. Humes -Newbold: -- that we can build out to meet our standards, we were unable to. We did not want to go that far north, but we couldn't find anything. Commissioner Regalado: But you did expend $1,000,000 in the new center in 8 and 27th Avenue, Southwest. That was your predecessor because I was there at that meeting when she said that you had spent $1,000,000 to adapt the -- Ms. Humes -Newbold: Renovate the one -stop center in Little -- Commissioner Regalado: Southwest 8th Street and 27th Avenue. I'm just saying that -- if you wanted, you could have done one in Liberty City, spending $1,000,000. Ms. Humes -Newbold: If we had found a location in Liberty City, we would have been glad to spend $1,000,000. Commissioner Allen: Well -- Ms. Humes -Newbold: We probably spent more than that for the site on 79th Street and 27th Avenue, sir. Commissioner Allen: Well, we can deal with this later. I'll try to find you a location more centrally located. Chairman Sanchez: All right. Commissioner Allen: I think -- Ms. Humes -Newbold: OK. Chairman Sanchez: There -- Vice Chairman Gonzalez: All right. Commissioner Winton: We had — Commissioner Allen: OK? City ofMiami Page 43 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Chairman Sanchez: There is a motion -- Commissioner Winton: Hold on. Chairman Sanchez: -- on the floor. Commissioner Winton: Hold on, hold on. Commissioner Allen: Yeah. Commissioner Winton: Hold on, hold on, please. Hold on, hold on. Commissioner Regalado: I have to leave. 1 just want to know if you all -- not even if you want it, but if you all agree that we should explore the possibility. Commissioner Winton: Oh, is that the motion? Chairman Sanchez: Well -- Commissioner Regalado: That is the motion. Commissioner Winton: OK, yeah. Commissioner Regalado: Just explore -- no, not -- Chairman Sanchez: Just explore because I thought you said -- Commissioner Regalado: Just explore. Commissioner Winton: But I want to make some comments, too -- Chairman Sanchez: All right. Commissioner Winton: -- so 1 don't know -- Commissioner Regalado: Yeah, but I have to leave. Commissioner Winton: I don't mind -- Commissioner Regalado: 1 have -- Commissioner Winton: -- voting on this issue because I think exploring that option is a smart thing to do. It doesn't mean we're going to do it, but exploring and understanding what our options are, I think, is always smart. Commissioner Regalado: OK, so if we can vote before I leave. Commissioner Winton: But 1 want 10 come back, right after this vote, and address some other issues relative to South Florida Workforce. Chairman Sanchez: All right. There's a motion on the floor to explore the possibility of the City of Miami -- Commissioner Regalado: Going to the Cabinet, going to Tallahassee, through our lobbying City ofMiami Page 44 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 team, to explore the possibility of getting a waiver so the City of Miami can become a sole source of workforce. Chairman Sanchez: Motion -- Vice Chairman Gonzalez: Second. Commissioner Allen: Second. Chairman Sanchez: -- is made by Commissioner Regalado, second by Vice Chairman Gonzalez. It is open for discussion. Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Commissioner Winton, you're recognized. Commissioner Winton: I think you all know -- Commissioner Allen doesn't, but 1 started a big fight with South Florida Workforce probably four years ago. I hadn't, you know, maybe been in office a year, and 1 have not been a fan of South Florida Workforce. In fact, I've been one of their -- you know, Commissioner Regalado and I have been fierce critics of the way they've treated the City of Miami and some of the rules and regulations that we can't seem to understand, and including this latest venture that we've worked on through the private sector -- and I'll bring Commissioner Sanchez and Commissioner Gonzalez up to speed. It must have been a year ago that Lucia Dougherty, from Greenberg Traurig, actually hosted a meeting at Greenberg Traurig's offices on Brickell, where we invited all of the major developers that were building major projects in District 2 to come to a -- to come to the table and ask them if they would be willing to work with us to find jobs for those people in neighborhoods within the City of Miami who needed jobs the most, and we initially targeted because you -- you know, we only had -- we didn't have any professional resources; all volunteer, and so we targeted Overtown and parts of Liberty City because that's all we could cover, and the developers unanimously said, not only do we agree with the concept, we need the workers. We want the workers. We need the workers and -- so we're willing to do everything that we can to help you hire people from the City of Miami, but what you have to have when you take people to get jobs is, you have to have people that are dependable, that will come to work, that are drug free, and -- so you've got to have a certain kind of person to put on the job. Jason Walker, from my staff has spearheaded this entire thing, and a couple of developers stepped to the table and have provided a huge amount of leadership, and they developed a very comprehensive plan, very comprehensive plan to reach out into the community. We've had Charles Cutler sitting here -- and what's the young lady's name? Chairman Sanchez: There she is back there. Commissioner Winton: Oh, right. Yes, right back here. I'm sorry. Where South Florida Workforce could not fund -- back up a step. The program took off and we had real successes, but it was all volunteer -driven, completely 100 percent volunteer -driven, but they worked through the kinks and figured out that, man, we can make this work. We can find people in neighborhoods that really need jobs. It's a cumbersome process, but we can find them. We can get them jobs, and they're going to make real money, but we couldn't do it with just a volunteer base, so we needed some funding. I worked with the City. 1 got frustrated and annoyed with the City. I worked with South Florida and got frustrated and annoyed with South Florida Workforce because nobody could come up with any funding and we needed about 100 to $150, 000. I mean, not going to break anybody's bank. We had a meeting at City Hall, a sunshine meeting, with Commissioner Allen and myself. 1 don't know. Was that this week or last week? And Manager's Office was there. South Florida Workforce was there, and I will tell you -- and the developers' Cuy ofMiami Page 45 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 volunteer team was there, and they showed us the data, in terms of number ofjobs that they've created, and it's all people who needed jobs the most, and they've created a process whereby they're bringing quality workers to the table. These people are keeping their -- they are working. They're making good pay. They're staying on the job. They're dependable, so the developers love them. That's exactly what they want, and it's really the subcontractors that are the ones involved in this process, so we needed a 100 to $150,000 to really make this program work. What South Florida Workforce and the City of Miami finally agreed to -- South Florida Workforce doesn't have any money right now. It's kind of like CD (Community Development). They're in this transition period, and their rules don't allow them to fund this in the first place. However, the City's agreed and has identified a pot of money where they can do an interim loan to South Florida Workforce to launch this program professionally, and 1 forget. It's between 100 and $150,000. South Florida Workforce has made a commitment to us that they're going to -- and they have the right to do this. They're going to create a pilot program that they can then fund. They can't create that pilot program until sometime early next year, and they've made a commitment that they will reimburse us our money that we're going to front-end on this thing, and fund the remainder of the year for this pilot program, and this program, I'm going to tell you, is probably more successful than anything they're doing, and so we have an opportunity to create a pilot -- to create real jobs for real residents, who are the most needy and desperately need jobs that can get into, ultimately, all of our neighborhoods during this building boom and create real professionals out of people with very high paying jobs, and so what we ended up with this week is a team effort. First time South Florida Workforce has been to the table with me where they've agreed to anything that was positive, and I've got to credit Edith here as the Interim Director because 1 couldn't get anything from the old one, so 1 think we might finally have an opportunity to launch a program that is going to create jobs. It's going to be in partnership with the City and South Florida Workforce, and we might have a real long-term win - win, and if this thing really takes off, we are going to need to go to Tallahassee, not only to look at the -- explore the potential for us creating our own program, but also to help change some of the really ridiculous rules and guidelines that they have to follow that don't allow them to do the kinds of things that we need done in a city like ours, so Edith, everybody that was at the table, thank you very much, and -- so 1 felt it important to put on the table that, for once, we've got South Florida Workforce's participation and commitment to money for a program that's shown great success. Chairman Sanchez: All right. Thank you so much. Mr, Igwe -- Mr. Igwe: Thank you, sir. Chairman Sanchez: -- thank you. Gentlemen, we are behind schedule. I mean -- Commissioner Winton: And, David, did we need to add anything? Don't we need to get this thing launched? Is there a financial side to this? David Rosemond: David Rosemond, City of Miami Administration. Thank you, Commissioner. Yes. We are working on the details of exactly what the structure is going to be. As you know, the devil is into details, but we will be ready for the next Commission meeting to give you exactly how this thing is going to be fleshed out. Commissioner Winton: And appropriate funds. Mr. Rosemond: Exaclty. Commissioner Winton: OK, but we're not -- Mr. Rosemond: But we're very optimistic we will be able to work out this project between now and the time that -- City of Miami Page 46 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Commissioner Winton: When's the next Commission meeting? Mr. Rosemond: January 13. Commissioner Winton: Well, I'm not thrilled that we're wasting another month getting there, so this is about real jobs for real people who need jobs. It's working and it can't work the way it needs to work without us finding some piddling amount of money, and I'm counting -- frankly, I thought we were going to have that ready today, so I'm not thrilled about another month. It better be ready, and I don't give a damn what we got to do about the details. They need to be fixed. Mr. Rosemond: I understand that, Commissioner, and your instructions are loud and clear. Commissioner Winton: Thank you. Mr. Rosemond: We started this last week, when I got involved. Commissioner Winton: Yes. Mr. Rosemond: And -- Commissioner Winton: I know and I thank you. Chairman Sanchez: All right. Commissioner Winton: You did. Mr. Rosemond: Thank you. Commissioner Winton: Absolutely. Chairman Sanchez: Moving along. Commissioner Winton: (UNINTELLIGIBLE) one week. Chairman Sanchez: Let's try to get through this agenda. I mean, we are way behind schedule. DISTRICT 5 COMMISSIONER JEFFERY L. ALLEN D5.1 04-01348 DISCUSSION ITEM DISCUSSION CONCERNING THE WAGNER CREEK DREDGING. 04-01348-email.pdf DISCUSSED Discussion of item D5.1 resulted in resolution below: (D5.1) 04-01348a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THAT THE PARCELS ACCEPTED FROM THE DEPARTMENT OF TRANSPORTATION City of Miami Page 47 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 PURSUANT TO RESOLUTION NO. 04-0488, ADOPTED JULY 22, 2004, DESIGNATED AS PARCEL 1 CONTAINING APPROXIMATELY 1.7 ACRES OF LAND LOCATED AT APPROXIMATELY NORTHWEST 20TH STREET, ADJACENT TO INTERSTATE HIGHWAY NO. 95, MIAMI, FLORIDA AND PARCEL 2 CONTAINING APPROXIMATELY 2.31 ACRES OF LAND LOCATED BETWEEN NORTHWEST 15TH STREET AND 17TH STREET, ALONG NORTHWEST 6TH PLACE, MIAMI FLORIDA, SHALL NOT BE USED FOR STORAGE OR DEWATERING OF THE WAGNER CREEK DREDGE MATERIAL; FURTHER DIRECTING THE ADMINISTRATION THAT NO STORAGE FOR SAID PROJECT BE PLACED IN ANY RESIDENTIAL DISTRICT AND THAT THE DECISION FOR SAID LOCATION BE RETURNED TO THE CITY COMMISSION FOR DETERMINATION AT A PUBLIC MEETING Motion by Commissioner Allen, 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-04-0803 Direction to the City Manager by Commissioner Regalado to check on the barges along the Miami River containing contaminated soil being dredged and to ascertain that the contaminants will be disposed of appropriately. Chairman Sanchez: We go back to the Commission item, and why don't -- let's -- Commissioner Allen, let's get the Wagner Creek -- Commissioner Allen: Yes. I -- Chairman Sanchez: -- dredging out of the way. This is -- I believe this is not a public hearing. However, you know, if we want to -- Commissioner Allen, if you want to open it up, that's -- we could certainly -- Commissioner Allen: Well, you know -- Thank you, Commissioner. Frankly speaking, I could succinctly tell you what my objective here is today. I have met with residents in and around that area with respect to the Wagner Creek issue. For those who are not familiar with the Wagner Creek issue, this is the dumping of certain dioxins in -- well, listed as a certain dioxin, a -- potentially, could be a cancer -causing agent, which is to be dumped and located in my district. The parcels of land have been identified in a previous resolution, and my intent today is to, of course, ask this Commission to support me, wholeheartedly, in an effort to unanimously vote today to, of course, identify a different source or means of this -- of conveyance of this particular dredging of Wagner Creek, in that the language of the previous resolution should be stricken as to the locations that are identified in that resolution, and I make reference to that resolution, which was on July 22 in 2004, so having said that, let me just turn quickly to the City Attorney. Would it be both procedurally proper and legal to put forth a motion, of course, that -- asking my fellow Commissioners to support me in my effort to have stricken from the previous resolution and -- or rather, to rescind that resolution with respect to the -- Chairman Sanchez: The location. Commissioner Allen: -- location of the dumping of this Wagner Creek dredging, if you will? Commissioner Winton: Second the motion. Chairman Sanchez: OK. There is a motion and a second, but before we vole on it, I would -- City ofMiami Page 48 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Commissioner Winton: And I'd like to comment also. Chairman Sanchez: -- at your indulgence, could we -- yes. Maybe we could -- are there anyone wishing to speak on the item that we could limit -- Commissioner Allen: Yes. Commissioner Winton: Oh. Commissioner Allen: Yes, we would limit it, right, and of course, those -- I believe -- Chairman Sanchez: If we could limit to two minutes. We don't want to deny anybody -- Commissioner Allen: Yes. Chairman Sanchez: -- the due process in front of this Commission. Commissioner Allen: Ifyou will. Chairman Sanchez: And if you would step up and register with the City Clerk. Commissioner Allen: Right. Chairman Sanchez: Please, two minutes. Commissioner Allen: Just two minutes, and by way of background information, Mr. Chair -- Chairman, I do see individuals that I had met with a couple of weeks ago who live in and around that district, who have expressed their concerns, and I will tell you that it was a very spirited, if you will, discussion regarding this issue, and I've assured these individuals, constituents of my district, that I will make every effort to honor your request. Chairman Sanchez: OK. Commissioner Allen: And I'm glad to have you here today. Chairman Sanchez: Sir, please state your name for the record and, please, be so kind to limit it to two minutes. Thank you so much and welcome to City Hall, sir. Stanley Staton: All right. How everybody doing? How you doing? My name is Stanley Staton and 1 stay where the actual toxic waste was being dumped directly from the building we stay at, and our tenant -- Chairman Sanchez: You live across the street? Mr. Staton: Yes, sir. And our tenant association had met when the Power U was going through the community informing everyone of what was going on, and our tenant association has showed great concerns about it and I became a member in September, I believe it was, of Power Uand to help prevent this toxic waste dump because 1, for one --1 am a cancer patient, and as I read about it and the side effects and the damage it can cause -- and we understand in the community that the dredging of the creek, that it have to dry out. We understand the process it have to go through. We (UNINTELLIGIBLE) in the community whereas when it dries out and dust, everything start going through the community, it cause great health problems, and as I had met with Commissioner Allen on the 20th and we had did the mercury testing, and he has shown his great concerns, and when we came here last week and met with Commissioner Regalado, and he City of Miami Page 49 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 had agreed that it shouldn't be dumped in our community, and we are here today looking for the support from the Commissioners and the relocation of the dumping of the toxic waste coming out of Wagner Creek. Commissioner Allen: Thank you. Mr. Staton: And thank you. Chairman Sanchez: Thank you, sir. Have a good day. Mr. Staton: All right. Thank you. Chairman Sanchez: Yes, sir. Dieter Bauer: Hello. Good morning. My name is Dieter Bauer. I looked a bit into the sampling procedure that was done by DERM (Department of Environmental Resources Management), and as far as 1 see, it's not possible to calculate from the information there how much pollutants are really in the Wagner Creek, and what I found for heavy metals, like lead, mercury, arsenic, PCBs (Polychlorinated Biphenyls), dioxin, really dangerous chemicals, and it's just not enough information to find out how dangerous it is in the small work necessary for this. The second thing is the -- what they agreed was the EPA (Environmental Protection Agency), they said it's too toxic to be dumped into the ocean offshore, even in barrels. That shows kind of how dangerous it is, and being dumped there, it will dry and send the wind -- blows it around, and I also want to know if there's any plan -- what happens if a major hurricane strikes this area and will it be blown over -- all over Miami? We will have a ton of toxins that are here all over Miami, and that's one of my biggest concerns with this thing. Commissioner Allen: Thank you. Mr. Bauer: Thank you. Commissioner Regalado: Thank you. Next. Denise Perry: My name's Denise Perry. I'm with Power U Center for Social Change and -- Commissioner Regalado: Your address. Ms. Perry: My address is 212 Northeast 241h Street. I'm going to make this a brief comment on behalf of all of the residents who are with us today, and those residents who are unable to be with us, that this plan represents an incredibly frightening notion that we've identified as environmental racism, and we urge that the Commissioners support our position in relocating this dump not in any neighborhood or anywhere near a residential community, but rather into the kind of place that is created for this kind of waste, which is a hazardous waste site, and we hope that today we can get to the type of resolution and motions that would ensure these residents that nothing would be in their neighborhood that is this dangerous and this toxic, and that the corrective action plan be reevaluated and changed to, you know, represent this position of the -- hopefully, of the Commissioners. Commissioner Regalado: Thank you. Commissioner Allen: Thank you. Commissioner Regalado: Anybody else? Lillian Slater: Commissioners, my name is Lillian Slater, 1640 Northwest 4th Ave, Apartment 10 City ofMiami Page 50 Printed on I/11/2005 City Commission Verbatim Minutes December 9, 2004 C. Commissioner Regalado and Commissioner Winton, and Commissioner Allen -- you're the new Commissioner in our district in Overtown. We are located in back of the Culmer Center, Town Park Village. Maybe you're not familiar with it, but the other Commissioner took on our place across there, Town Park Village. We have 151 units. We're in process of going condo when we get it all straightened out, so you the ones going to be in charge of that now because our other Commissioner had this on the agenda, you know, Commissioner Regalado and Commissioner Winton. We're just there, not a half a block from where this going to be dumped, and you know, we are in the process of doing our apartments that you all voted on for us to straighten ourselves out when we was going into foreclosure. You remember this. I'm pretty sure you do, and we don't want this to happen there because we have our kids there, and Commissioner Allen, you got to do your homework with Barbara because we got to finish it up. We're getting there and we want you all to come out and see what's going on with us, and we really don't want that -- Years ago, we talked about the Camillus House being there, you remember? You remember. We don't want that there because we got too many people at a church there. Commissioner Winton: This isn't about Camillus House. Commissioner Allen.' Yes. Commissioner Winton: It's about this. Ms. Slater: OK. You know. Yes. Commissioner Winton: Absolutely. Ms. Slater: So we just carry that (UNINTELLIGIBLE) look somewhere else because we got too many children there. Thank you. Commissioner Regalado: Thank you. Commissioner Allen: Thank you. Commissioner Regalado: Thank you. Thank you. Maggie Slater: Good morning to everybody on the panel in their respective places, Commissioners and Mayors and everybody. I just want to say I'm a member of the community -- Commissioner Regalado: Your name and address. Commissioner Allen: Your name and address. Ms. Slater: My name is Maggie Slater. I'm a member of the community. Commissioner Allen: Right. Ms. Slater: And I just think -- Commissioner Regalado: Your address. Ms. Slater: Oh, 1680 Northwest 4th Avenue. I think that the toxic dumping is very dangerous. In our community, we have small children. We have Jackson Memorial Hospital in the area. We have schools, Booker T. Washington. We have Dunbar Elementary. We have a community where we have a lot of elderly. We have young, and it's really sad that they would like to dump that in our area. We wouldn't dump that in Bal Harbour. We wouldn't dump that in Weston or City ofMiami Page 51 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Miami Beach, so we don't need that in our area. We don't need to have those cancer chemicals polluting our air, our water, our land, so if we could just please put it in another area, do something with it. We wouldn't want it in our area. Thank you so much. Emmanuel Onabanjo: Good after -- good morning, Commissioners and fellow citizens. My name is Emmanuel Onabanjo. My address, 1680 Northwest 4th Avenue, Apartment 8E. Yes, this issue of dumping really make me very, very sick. When I first heard about it in the newspaper, I just can't believe it that this is something that has come to the City officials and the government and they endorse it. It's not right. We're not coming here to cry racism or something. We just wanted to bring up what is right and what is wrong. This country is so blessed. They have the resources. They have the -- everything. There's a way to dispose toxic, you know, in the very nice way so that it doesn't cause harm to the community, and again, Overtown has been the -- I mean, the least in the Dade County that has anything that you can show of. The only two we have is our children and our future, so if this type of thing is going on there, then we might as well just say, hey, Overtown, let's write it off. It's not right, and today I'm just expressing my frustration, and 1 want the Commissioner and the City officials to look into it and rescind the resolution they probably -- previously entered into. Thank you. Chairman Sanchez: Thank you, sir. Next speaker. State your name for the record. Angela Harvey: Good morning. My name is Angela Harvey and I live at 675 Northwest 17th Street. Where they want to put this toxic waste is right at my front door. It's not 20 feet away from where I open my front door. I am a cancer survivor, and I really would like for you guys to consider not putting toxic waste right at my door. Thank you. Chairman Sanchez: Wow. OK. Commissioner Allen. Thank you. OK Chairman Sanchez: Is that it? Commissioner Allen: That's it? Chairman Sanchez: Thank you so much. Commissioner Allen: Yeah. Chairman Sanchez: OK. Commissioner Allen: Thank you very much for that -- a lot of testimony. Having said that, again, I'd like to, at this juncture, make a motion to rescind — Chairman Sanchez: Well, I believe -- Commissioner Winton: I think we made a motion. Chairman Sanchez: The motion has -- Commissioner Allen: Oh, we already did? Chairman Sanchez: -- been made and it has been second by -- Jorge L. Fernandez (City Attorney): Well -- Commissioner Winton: There's a motion and a second -- City ofMiami Page 52 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Commissioner Allen: To rescind the resolution. Commissioner Winton: -- on the floor. Commissioner Allen: Right. Commissioner Winton: Yeah. Chairman Sanchez: No, but before we do that, could we turn it over to the legal -- our City Attorney? Commissioner Winton: Well -- Mr. Fernandez: Yes. Commissioner Winton: I -- before we go to Legal, I want to make a couple of comments. Commissioner Allen. Sure. Commissioner Winton: I'm greatly bothered by this, greatly bothered by this, and 1 want to personally apologize to the community of Overtown because I can tell you -- and it's my fault. My job is to pay attention up here and know what I'm voting on, and know what public policy decisions we're making and I'm embarrassed. I'm embarrassed because 1 had no idea -- and I'm trying to get the resolutions and I'm not sure I have the right one yet. I have two resolutions in front of me, both of which deal with this Wagner Creek thing in some fashion or another. I don't have anything that says we're going to dump toxic material on that site. I don't remember voting for a move to put toxic material in somebody's neighborhood. I would never have done that in a million years, so I apologize to all of you, sincerely, because, some way or another, 1 blew it. I don't know how 1 did it -- Commissioner Allen: Yeah. Commissioner Winton: -- but 1 did, because I would never do that. It is wrong. It is 100 percent wrong, and some way or another, I screwed up, so "just wanted you all to know and accept my apology for an apparent complete mess-up on my part because 1 didn't know -- I still don't know how I voted on this. I can't find the right resolution so, Mr. City Attorney -- Mr. Fernandez: Yes. Commissioner Winton: -- would you tell me what resolution we voted on that -- Mr. Fernandez: Well, this is what -- looking at it for the first time just a few minutes ago, I can tell you that the appropriate action for this Commission to take, instead of rescinding prior resolutions -- because the prior resolutions in place create the project, create the funding mechanism and do all of that, and you don't want to rescind all of that. All that you really want to do, if I understand Commissioner Allen -- Chairman Sanchez: Locate -- Mr. Fernandez: -- correctly -- Commissioner Allen: Right. Mr. Fernandez: -- is instruct the administration -- pass a resolution today that, in essence, says City ofMiami Page 53 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 that that parcel, Parcel 2, approximately 2.31 acres, shall not be used for storage or dewatering of the Wagner Creek dredge materials. Commissioner Allen: I believe there's two parcels. Commissioner Winton: But where does it say about the storage of the materials? Mr. Fernandez: Two parcels? Commissioner Allen: Yes, Parcel 1 and Parcel 2. Commissioner Winton: OK, but Mr. City Attorney -- Commissioner Allen: Yeah, the same thing, so -- Commissioner Winton: -- I'm on a dfferent -- Mr. Fernandez: Yes. Commissioner Winton: -- point here. Commissioner Allen: Right. Commissioner Winton: I appreciate the point you're on, which is to make -- to help guide us in taking the correct steps, but I'm on a different point, and the point I'm on, Mr. Manager, 1 think is directed to the City administration. I'm reading this resolution again. I've read it three times. There's nothing here that says -- Do 1 have the right one, Mr. -- Commissioner Allen? Commissioner Allen: That's what I'm just wondering. Commissioner Winton: It's R -- is this -- RE.1, 04-00501. Commissioner Allen: Correct. Chairman Sanchez: And there's no mention -- Commissioner Winton: Is that the enabling -- Chairman Sanchez: -- of a site. Commissioner Winton: resolution? Commissioner Allen: Correct. That's -- Commissioner Winton: There's not a mention in here of us putting the toxic waste in that neighborhood. This is a very simple, innocuous resolution that says, well, we're moving forward with the Wagner Creek cleanup. We're getting land from FDOT (Florida Department of Transportation); everything's hunky-dory. There's nothing here that says we're going to take the contaminated land from Wagner Creek -- unless I'm reading this completely wrong right in front of me. Ms. Perry: It's supporting the corrective action plan and the location of the -- excuse me -- Denise Perry. Chairman Sanchez: State your name for the record. City ofMiami Page 54 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Ms. Perry: I'm sorry. Commissioner Allen: Yes. Ms. Perry: Denise Perry. Chairman Sanchez: I'm trying to keep an orderly meeting here -- Commissioner Allen: Right. Ms. Perry: Yes. Chairman Sanchez: -- so bear with me. Ms. Perry: That's cool. That's cool. Denise Perry, with Power U Center. So it is a part of the corrective action plan. Commissioner Allen: It is. Ms. Perry: So if you didn't review the corrective action plan -- Commissioner Allen: Right. Ms. Perry: -- that's where part of this confusion is. Commissioner Allen: Right. Ms. Perry: Because this was the property -- Commissioner Allen: Right. Ms. Perry: -- that's being used to implement the -- Commissioner Allen: Exactly. Ms. Perry: -- corrective action plan. Commissioner Allen: She's correct. It's sort of the enabling legislation pursuant to the corrective action plan, so she's right in her assessment. Yes. Mr. Fernandez: So the -- Commissioner Winton: OK. I -- Mr. Fernandez: -- resolution that needs to be passed, if that's the will of this Commission, is a resolution directing that the parcels accepted in that resolution shall not be used for storage and dewatering, and clearly, the intent of the resolution is well communicated to the administration, and they, perhaps, can speak to the fact -- Commissioner Winton: Well -- Mr. Fernandez: -- that nothing will be taken to that site. Chairman Sanchez: Your recommendation -- City ofMiami Page 55 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Commissioner Allen: Right. Chairman Sanchez: -- has been taken into advisement. Commissioner Regalado. Commissioner Regalado: i, too, was trying to read, since several days ago, the resolution that we were given and vote, and never found we going to dump this there or where, so i also have to apologize. This is another mea culpa, but this is why I -- when they requested a meeting, I said, well, you know, it's not my district, but I vote for all the City of Miami. I know that Commissioner Allen -- because you told me -- was taking the lead on this, but I really met with you and 1 did sign a pledge because I told you whatever I don't want in -- next to my home, 1 don't want next to your home, and the resolution, Mr. City Attorney, may be precise and all that, but it should said no residential area in the City of Miami. (Applause) Commissioner Allen: Right. Commissioner Regalado: Just to -- so nobody would move it three blocks away, four blocks away or ten blocks away, for that matter, next to my home. There is an empty lot in 27th Avenue, so 1-- hopefully, I suggested to you that when the County is dumping a lot of contaminated soil of the dredging of the Miami River, well, let's put it right there, so I spoke to the Manager about that and the Manager was very clear in saying we have no intention in doing what the people thinking that we're going to do, in terms of dumping in Overtown, so I just hope that the resolution, Commissioner Allen, will say in no residential area, and which brings me to another point. I wonder where are the barges that the dredging of the Miami River soil is being placed. These barges are not two miles away. These barges should be, and I'm sure are, somewhere within the city limits of the City of Miami sitting next to your district, your district or your district, and that soil is really contaminated, so what you started got me thinking, well, where are the barges, and we need to find out where are the barges because there are people living next to the Miami River now, and you know, if we going to do it, let's not do it half right. Let's do it right because, for all we know, those barges are next to an apartment building, or Ernie's house, so I mean, you know, the fact of the matter is that this -- we got to get rid of this soil and we got to get rid of the soil -- Commissioner Winton: In the appropriate place. Commissioner Regalado: In the -- exactly, and that's all I want to say, but please, Mr. Manager, let's find out where those barges from the Miami River dredging project are because, all of a sudden, we'll have another group of residents complaining here -- Commissioner Allen: Right. Commissioner Regalado: -- in about three or four weeks. Chairman Sanchez: All right. Commissioner Allen: Thank you. Thank you, Commissioner. Joe Arriola (City Manager): If you want -- Chairman Sanchez: Before we do that, Mr. City Manager, then I'll pass it to you, being the last to speak as the Chair, just for point of clarification, I think that one of the concerns that was brought to light by the City Attorney is the rescindment -- rescinding this -- the legislative that's in front of us today, and that continues to be a concern because what that would do, it would just City of Miami Page 56 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 stop the entire process, and I think that one of the things that we do want to do is definitely to dredge that contaminated creek that has been considered one of the most polluted and contaminated creeks in the nation, but the process here is that we do want to get it going. The question is, what are we going to do with the toxic debris and where are we going to put it, so I would like for you to -- I know there's been some amendments that have been put on the floor by this legislative body, but I think one of the things is to continue the process and basically decide not to put it in any residential area, which is a key concern here, and the other one would be is where, and has the administration come forth with any alternatives as to where this is -- this is a key question that should have been answered -- Commissioner Allen: I agree. Chairman Sanchez: -- in -- when this resolution was in front of us -- Commissioner Allen: Yeah. Chairman Sanchez: -- which is a very logical question to ask. OK, fine. We're going to dredge the creek, but where are we going to put the toxic waste, and the last thing that we want to do is - Commissioner Allen: Right. Chairman Sanchez: -- put that toxic waste anywhere near any school or a residential area. Commissioner Allen: Right, right. Chairman Sanchez: So having said that, I would ask the maker of the motion and the seconder not to abolish this legislation, but to amend it as to continue the process to focus -- Commissioner Allen: Right. Chairman Sanchez: -- on finding, maybe an alternative site, and of course, having the language in this legislative -- legislation not to be -- where the location would be. Commissioner Allen: And I share your concerns, Mr. Chairman. Clearly, you would want specific language in there with respect to not being adjacent -- near residential -- Chairman Sanchez: Absolutely. That's -- Commissioner Allen: -- property. Clearly, we agree with that, but now I'm wondering in further discussions, hearing Commissioner Winton, as well as Commissioner Regalado, it could be placed somewhere near a warehouse district. I don't know. I think, at this juncture, what we should do is -- of course, we're not going to try to abrogate the existing contract in any way -- Chairman Sanchez: Why don't we listen -- Commissioner Allen: -- but -- Chairman Sanchez: -- to the City Manager. Maybe he has -- Commissioner Allen: I was going to make a suggestion. City Attorney -- in that way, City Manager, maybe some due diligence can be determined. Yeah. Mr. Arriola: Let me go through this thing. Commissioner Regalado, I will ask the Corps of Engineering [sic] to maybe come here and tell you exactly what the plans are for the Miami City ofMiami Page 57 Printed on 1711/2005 City Commission Verbatim Minutes December 9, 2004 River. That's a good idea and we'll do it, you know. The -- basically, the barges -- they're going to take the barges out to sea. They'll dry it up and then they'll dispose it at federal site. It's the same -- pretty much the same thing that we have planned on this thing, and I think 1 spoke to Commissioner Regalado and Commissioner Allen right after this thing passed. I said it's not going to go there for many, many, many, many, many reasons. Among the many, many, many reasons is that we have some things going on with that, very positive things going on with that project with the University of Miami -- Commissioner Allen: Great. Mr. Arriola: -- and their expansion and all that. As of right now, we have two choices. We talking with the Corps of Engineering [sic] to see if we could use the same process that they're using for the river, or we have presently two -- this is what i1-- it's never going to be dumped anywhere. Basically, it's going to be dried for a period of time, and then it will be taken out and taken to the proper -- Commissioner Winton: Land. Mr. Arriola: -- site that the federal government has assigned for it to go to, so what we're looking for right now is the way the process of drying the -- because there's no -- there's nowhere in the United States that you could dump wet dredging, so we're looking for a couple of drying beds. I think we've located it -- located them either that or we'll go to the barge setup that will dry it and then have the fells come in and take it away. Chairman Sanchez: Let me put a closure to this. Mr. Arriola: But I just wanted you to know because -- Chairman Sanchez: Well -- Mr. Arriola: -- I know -- Chairman Sanchez: Let me put a closure to this -- Mr. Arriola: -- I know there's been an issue. Chairman Sanchez: -- for the sake of an understanding. The resolution that -- well, the legislative action that's in front of us right now, made by Commissioner Allen, second by Commissioner Winton, is to rescind the resolution -- Mr. Fernandez: The site. Chairman Sanchez: -- recite the resolution, which we -- I don't believe we want to do that. What we want to do is -- Commissioner Winton: No, no. He's telling us what -- Chairman Sanchez: -- do away with the two sites -- Commissioner Winton: He's telling us what he wants us to do, so — Mr. Fernandez: Yeah. Chairman Sanchez: Yeah, but we have already legislation on the floor with a motion and a second that we -- the only thing to do -- City of Miami Page 58 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Mr. Fernandez: OK. Chairman Sanchez: -- is not to take any action, kill it, and then, Commissioner Allen, you need to put one out, basically, that does away with the site -- Commissioner Allen: Right, the site location. Chairman Sanchez: -- which is the two sites now. Commissioner Allen: Clearly, that. Chairman Sanchez: And then have the City Manager come back with alternative -- Commissioner Allen: Later. Chairman Sanchez: -- sites as to -- Mr. Fernandez: Yes. Chairman Sanchez: -- whether it may be -- whether we -- Commissioner Winton: Agreed. Chairman Sanchez: -- partner up with the Miami River dredging, or he comes up with some sites. I'll tell you what I would like to do because, you know, we're dealing here with toxic waste. Commissioner Allen: Waste, right. Chairman Sanchez: And what we need to do is, whatever those alternatives are that are brought forth to this legislative body -- Commissioner Winton: Bingo. Chairman Sanchez: -- that we do have public opinion as to where -- Commissioner Winton: Bingo. Commissioner Allen: Exactly. Mr. Fernandez: Yeah. Chairman Sanchez: -- they want to have it because the -- Mr. Fernandez: The -- Chairman Sanchez: -- last thing we want to do is have another community -- Mr. Fernandez: No. Chairman Sanchez: -- or a part of our -- Commissioner Allen: Come in -- right. Chairman Sanchez: -- community here in front of this Commission in an uproar. City ofMiami Page 59 Printed on I/11/2005 City Commission Verbatim Minutes December 9, 2004 Commissioner Allen: Brilliant. Mr. Arriola: The two -- Commissioner Allen: Brilliant. Mr. Arriola: -- sites that we're looking at are sites that are specific for this sort of thing. They're called drying beds. We will put them there, dry them, and then have them taken to -- Commissioner Winton: But, nonetheless, before a -- Commissioner Allen: Let me ask the City Manager. Commissioner Winton: -- decision's made, that needs to come back -- Chairman Sanchez: Well -- Commissioner Allen: You said two sites. Have they been identified and in whose district, by any chance? Mr. Arriola: Well -- Commissioner Winton: OK. Mr. Arriola: -- we're talking to the Corps of Engineering [sic] to see if -- Commissioner Allen: Great. Mr. Arriola: -- we can do it to the barge, or we have two other sites that I -- you know, I'm in the midst of this whole thing, so -- Chairman Sanchez: Yeah. Mr. Arriola: -- it's not a -- but it's not where near a residential area. How's that sound? Chairman Sanchez: Yeah. Commissioner Allen: Great. Chairman Sanchez: Commissioner. Commissioner Allen: Well, let me just say -- Mr. Arriola: It's -- the dumping ground right now. Commissioner Allen: Let me state emphatically. I don't want it located anywhere in District 5. Mr. Arriola: No. It's no -- 1, 2, 3, 4 or 5, it's nowhere near -- Chairman Sanchez: No. Mr. Arriola: -- where there's inhabitants. Chairman Sanchez: All right. City ofMiami Page 60 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Commissioner Winton: So -- Chairman Sanchez: Commissioner Allen, you need to withdraw your motion. Commissioner Allen: Well, if I withdraw the motion -- Commissioner Winton: But we're going to create a new motion. Commissioner Allen: We're -- Chairman Sanchez: Yeah. We're going to create another motion -- Commissioner Allen: We're going to create another -- Chairman Sanchez: -- which you'll create. Commissioner Allen: -- motion, right. Yeah, so I'll withdraw the motion. Chairman Sanchez: OK. Commissioner Allen: And -- Commissioner Winton: And I accept the withdrawl. Chairman Sanchez: All right. Commissioner Allen: Right. Chairman Sanchez: So there's no motion -- Commissioner Winton: And this -- Chairman Sanchez: -- or legislative action on the floor. Now -- Commissioner Winton: So Mr. City Attorney's going to give us direction. Mr. Fernandez: I suggest -- Chairman Sanchez: Mr. City Attorney. Mr. Fernandez: -- that the motion that should be considered should read something like this: A resolution of the Miami City Commission directing that the parcels accepted in R-04-0488 shall not be used for storage or -- Chairman Sanchez: Bingo. Mr. Fernandez: -- dewatering of the Wagner Creek dredge materials; furthermore, directing the administration that all storage and dewatering of materials extracted from this project not be placed in any residential district. Commissioner Allen: OK. Vice Chairman Gonzalez: May 1-- City afMiami Page 61 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Commissioner Winton: 1 would -- Commissioner Allen: Yeah. Commissioner Winton: -- move -- Chairman Sanchez: Hold, hold, hold. Whoa, whoa, whoa, whoa, whoa. Listen, we need a motion and a second for -- Commissioner Winton: Move -- Chairman Sanchez: -- the purpose of discussion. Commissioner Winton: Move for dis -- and discussion. Chairman Sanchez: Motion by Commissioner Allen, second by Commissioner Winton. Commissioner Winton: Commissioner Winton, fine. Chairman Sanchez: Open for discussion. Commissioner Winton: I would like to amend the motion -- amending motion to include the point that the decision on where this material will go will be required to come back to this Commission for public airing. Commissioner Allen: Yeah. Chairman Sanchez: Point well made. OK. The maker of the motion accepts that amendment, Commissioner Allen? Commissioner Allen: Yes, 1 certainly do. Chairman Sanchez: OK. Commissioner Allen: I certainly do, Mr. Chairman. Chairman Sanchez: So the motion has been amended. Vice Chairman Gonzalez, you're recognized. Vice Chairman Gonzalez: Well, I was going to ask that we include in this resolution not only the Wagner Creek, but also the Miami River, you know -- Commissioner Winton: What d he say? Mr. Arriola: That's not up to us. Vice Chairman Gonzalez: Remove. Chairman Sanchez: No, that's not up to us. Mr. Arriola: That's not -- Chairman Sanchez: No, no, no. That's not up to us. Commissioner Regalado: Excuse me. City ofMiami Page 62 Primed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Vice Chairman Gonzalez: So how are we going to address it? Commissioner Regalado: But excuse me. The Manager just said that he was going to communicate with the US Corps of Engineer because it's important first to understand if we can place this soil in their barges, and second, specifically, for the City of Miami to know where the barges are because I know -- and the Manager is right. The way they are doing is that they are picking and sending out to the sea for drying. However, these barges are in the river for two or three days. We just want to know where in the river -- where near the river, you know. Vice Chairman Gonzalez: 1 believe that right now they are by -- you know, west of 27th Avenue, by the Miami Jai Alai, but -- Commissioner Regalado: But they'll be coming east. Vice Chairman Gonzalez: -- your concern is very valid -- Commissioner Regalado: They'll be coming east. Vice Chairman Gonzalez: -- because that's where they're dredging now, but what is going to happen when they start dredging east? Commissioner Regalado: That's what I'm saying. Vice Chairman Gonzalez: OK. Commissioner Allen: Right. Vice Chairman Gonzalez: Where are they going to go? Commissioner Allen: Yeah. Vice Chairman Gonzalez: So, at one point, they were considering the site next to Miami Jai Alai to, you know, use it as the dumping ground or whatever, you know, to clean up -- Commissioner Regalado: But the County Commission -- Vice Chairman Gonzalez: -- to dry the mess. Commissioner Regalado: -- after having a public hearing, said no. Chairman Sanchez: A public outcry. Vice Chairman Gonzalez: Exactly, so -- Commissioner Allen: Right. Vice Chairman Gonzalez: -- it's very important that we -- Chairman Sanchez: All right. The motion has been amended. Commissioner Allen: Right. Chairman Sanchez: The maker of the motion accepts the amendment, so does the second. No further discussion on the item. All in favor, say "aye." City ofMiami Page 63 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Thank you so much. Congratulations. Commissioner Allen: Thank you. Vice Chairman Gonzalez: All right. Commissioner Allen: Congratulations. PUBLIC HEARING PH.1 04-00948 ORDINANCE Public Hearing AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IV/DIVISION 4/SECTION 2-272 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/ DEPARTMENTS/PUBLIC WORKS DEPARTMENT/CONSTRUCTION PLANS CHECKING FEE," TO ESTABLISH AN EXPEDITED PLANS REVIEW SERVICE AND A CORRESPONDING FEE TO COVER THE COSTS OF PERFORMING SAID SERVICE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 04-00948-cover memo.pdf 04-00948-budgetary impact.pdf 04-00948-legislation. pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado Chairman Sanchez: Let's go to the public hearings. We got PH.1. It's an ordinance on public hearing. Let's get everybody ready. Let's see if we -- Commissioner Winton: Move PH.1. Chairman Sanchez: All right. PH.1, there's a -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- motion by Commissioner Winton, second by Vice Chairman Gonzalez. It is a public hearing. It's an ordinance on first reading. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed. There's a motion on the floor and a second. Mr. City Attorney, could you read the ordinance into the record. Jorge L. Fernandez (City Attorney): Yes. The Ordinance was read by tide into the public record by the City Attorney. Chairman Sanchez: All right. Madam Clerk, roll call. Priscilla A. Thompson (City Clerk): Roll call. City of Miami Page 64 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. PH.2 04-00971 ORDINANCE Public Hearing AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ARTICLE IV, DIVISION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CODE"), ENTITLED: ADMINISTRATION/DEPARTMENTS/PUBLIC WORKS DEPARTMENT" TO ADJUST THE FEE SCHEDULE; AND AMENDING CHAPTER 55 OF THE CODE, ENTITLED: "SUBDIVISION REGULATIONS" TO AMEND REVISIONS OF PLATS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00971-cover memo.pdf 04-00971-Ieg i s lation. pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado Chairman Sanchez: PH.T is also -- PH.2 is also an ordinance on first reading. Commissioner Winton: Move. Chairman Sanchez: It's a public hearing. There's a motion by Commissioner Winton. Is there a second? Vice Chairman Gonzalez: Second. Chairman Sanchez: Second by Vice Chairman Gonzalez. It is a public hearing. Anyone from the public wishing to address this item, please step forward and be heard. Seeing none, hearing none, the public hearing is closed. Mr. City Attorney, read the ordinance into the record. The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: Madam Clerk, roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. PH.3 04-01313 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING COMPETITIVE BIDDING PROCEDURES AND FLORIDA STATUTES 255.20 AND 287.055 (KNOWN AS THE CONSULTANTS' COMPETITIVE NEGOTIATIONS ACT-"CCNA"), FOR SELECTION OF THE ARCHITECT/ENGINEER AND CONTRACTOR FOR ROAD IMPROVEMENTS DEFINED HEREIN, RELATING TO THE MARY BRICKELL VILLAGE City ofMiami Page 65 Printed on I/11/2005 City Commission Verbatim Minutes December 9, 2004 DEVELOPMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE A COOPERATION PROJECT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND BRICKELL MAIN STREET, LLLP ("DEVELOPER"), TO PROVIDE FOR THE CITY'S PARTICIPATION IN A COOPERATIVE PROJECT TO MAKE ROADWAY IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAYS ALONG DESIGNATED STREETS DEFINED HEREIN AND ADJACENT TO THE MARY BRICKELL VILLAGE DEVELOPMENT; CREATING A PUBLIC PLAZA ALONG BRICKELL PLAZA (SOUTHEAST 1ST AVENUE, MIAMI, FLORIDA), WHEREIN THE CITY WILL CONTRIBUTE FUNDS FOR SAID PROJECT, IN THE AMOUNT NOT TO EXCEED $1,000,000, AND THE DEVELOPER WILL DESIGN AND CONSTRUCT THE IMPROVEMENTS; ALLOCATING SAID FUNDS, SUBJECT TO APPROVAL BY THE CITY'S BOND OVERSIGHT BOARD, IN THE AMOUNT NOT TO EXCEED $400,000, FROM CAPITAL IMPROVEMENT PROJECT ("CIP") NO. 311712, ENTITLED "DISTRICT 2, QUALITY OF LIFE," B-30176, UNDER THE HOMELAND DEFENSE - NEIGHBORHOOD IMPROVEMENT BOND PROGRAM AND FUNDS FOR THE ROAD IMPROVEMENTS, IN THE AMOUNT NOT TO EXCEED $600,000, FROM CIP PROJECT NO. 341330 ENTITLED "CITYWIDE TRANSPORTATION & TRANSIT," B-30094. 04-01313-exhibit. pdf 04-0131 3-resolution.pdf 04-01313-public hearing.pdf 04-01313-memo2.pdf 04-01313-memol .pdf 04-01313-budgetary impact.pdf 04-01313-worksheet.pdf 04-01313-memo.pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-04-0785 Chairman Sanchez: OK. Vice Chairman Gonzalez: PH.3. Chairman Sanchez: Public Hearing 3, it's a resolution. Commissioner Winton: So moved. Vice Chairman Gonzalez: Second. Chairman Sanchez: There's a motion by Commissioner Winton, second by Vice Chairman Gonz alez. It is open for discussion. Hearing no discussion from the Commission, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Resolution carries. City of Miami Page 66 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 PH.4 04-01321 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY THAT IT IS IN THE BEST INTEREST OF THE CITY OF MIAMI ("CITY"), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, PROVIDED IN THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, SECTIONS 18-86 AND 18-87 AND UNDER FLORIDA STATUTES 255.20 AND 287.055, APPROVING THE SELECTION OF THE ARCHITECT/ENGINEER AND/OR CONTRACTOR AS STATED HEREIN, RELATING TO CERTAIN PROJECTS FUNDED FROM THE HOMELAND DEFENSE NEIGHBORHOOD IMPROVEMENT BOND PROCEEDS, SPECIFICALLY, GRAPELAND HEIGHTS PARK WATER THEME PARK (B-35828), GRAPELAND HEIGHTS PARK COMMUNITY RECREATION FACILITY AND PARKING (B-30105), GRAPELAND HEIGHTS PARK FIELDS AND SITE DEVELOPMENT (B-60496), JOSE MARTI PARK GYMNASIUM (B-35857), LITTLE HAITI PARK CULTURAL CAMPUS (B-30295) AND LITTLE HAITI PARK SOCCER AND RECREATIONAL FACILITIES (B-38500); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AGREEMENTS BETWEEN THE CITY AND THE FIRMS NAMED HEREIN TO PROVIDE THE REQUIRED DESIGN (ARCHITECTURE AND ENGINEERING), DESIGN - BUILD, AND/OR CONSTRUCTION MANAGEMENT -AT -RISK SERVICES, FOR THE PROJECTS DEFINED HEREIN, AS APPLICABLE PER PROJECT, AND PRESENT SAID AGREEMENTS TO THE CITY COMMISSION FOR REVIEW AND APPROVAL AT A FUTURE DATE. 04-01321-worksheet.pdf 04-01321-budgetary impact.pdf 04-01321-zyscovich letters.pdf 04-01321-memo.pdf 04-01321-notice of public hearing.pdf 04-01321-resolution.pdf 04-01321-exhibit.pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-04-0786 Chairman Sanchez: PH.4 is a public hearing. Commissioner Winton: So moved. Vice Chairman Gonzalez: Second. Chairman Sanchez: All right. There is a motion and a second. Vice Chairman Gonzalez: Is this an emergency? Unidentified Speaker: Yes. Commissioner Allen: Yes, it is. City of Miami Page 67 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Vice Chairman Gonzalez: Yeah. Commissioner Allen: It requires a four --fifth. Chairman Sanchez: OK. My only -- Commissioner Winton: And we're out of (UNINTELLIGIBLE). Chairman Sanchez: -- concern, once again, this went through -- Vice Chairman Gonzalez: Require four -fifth. Chairman Sanchez: -- the Legal Department, and you're OK with it, Mr. City Attorney? Jorge L. Fernandez (City Attorney): Yes, certainly we are. Chairman Sanchez: All right. There's a motion and a second. It's a public hearing. Anyone from the public wishing to address this item, please step forward. Seeing none, 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." Motion carries. PH.5 04-01294 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATION AND EMERGENCY FINDING THAT IT IS PRACTICABLE AND MOST ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") TO WAIVE COMPETITIVE BIDDING PROCEDURES, PURSUANT TO SECTION 18-89 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDING OF THE CITY'S DEPARTMENT OF PUBLIC WORKS THAT CONDO ELECTRIC MOTOR REPAIR CORP. IS THE MOST QUALIFIED FIRM TO CONTINUE TO PROVIDE CITYWIDE STORM WATER PUMP STATION MAINTENANCE SERVICES AND TO ADD SERVICES FOR NEWLY INSTALLED GENERATORS FOR FOUR PUMP STATIONS CITYWIDE AND THE NORTHWEST 14TH STREET PUMP STATION; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID SERVICES FOR THE CONTRACT PERIOD COMMENCING SEPTEMBER 25, 2004 THROUGH SEPTEMBER 24, 2005, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $111,360; ALLOCATING FUNDS FROM PUBLIC WORKS GENERAL FUND ACCOUNT NO. 001000.311003.6.340 FOR FISCAL YEAR 2004-2005, IN THE AMOUNT NOT TO EXCEED $111,360, FOR CONTRACT COSTS, PLUS $8,840 FOR ESTIMATED EXPENSES INCURRED BY THE CITY, FOR TOTAL PROJECT COSTS IN THE AMOUNT NOT TO EXCEED $120,200, WITH FUTURE FISCAL YEAR FUNDING FOR OPTIONAL PERIODS SUBJECT TO BUDGETARY APPROVAL. City ofMiami Page 68 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 04-01294-worksheet.pdf 04-01294-budgetary impact.pdf 04-01294-memol .pdf 04-01294-memo2.pdf 04-01294-public hearing.pdf 04-01294-pre resolution.pdf 04-01294-resolution.pdf 04-01294-ex h ib it. pdf WITHDRAWN Item PH.5 was withdrawn by the City Manager. Chairman Sanchez: We go on to PH.5, which was pulled, correct? Joe Arriola (City Manager): Yeah. PH.5 was withdrawn. Chairman Sanchez: OK. PH.6 is also a resolution. Vice Chairman Gonzalez: Did we have to do a roll call on this? Chairman Sanchez: No, it's a resolution. Priscilla A. Thompson (City Clerk): I'm sorry. I'm sorry, Chair, I don't have anything in my records pulling PH.5. Mr. Arriola: It is. Chairman Sanchez: PH.5 was pulled, wasn't it? Commissioner Allen: It was never brought up. Commissioner Winton: It's withdrawn? Vice Chairman Gonzalez: PH.5? Mr. Arriola: We're asking to withdraw PH.5. Chairman Sanchez: All right. Ms. Thompson: Thank you. Chairman Sanchez: PH.5 has been withdrawn. We move on to PH.6, which is a resolution. Commissioner Winton: 3 p.m. Chairman Sanchez: Oh, I'm sorry. PH.6 -- yeah, correct. PH.6 through PH.9 is -- Mr. Arriola: Time certain. Commissioner Allen: Yeah, time certain. Chairman Sanchez: -- CDBG (Community Development Block Grant) time certain at 3. City ofMiami Page 69 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 3:00 P.M. Note for the Record: Items PH.6 - PH.9 were translated by a sign -language interpreter. PH.6 04-01336 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 $3,000,000, FROM THE AGENCIES AND IN THE AMOUNTS STATED ON THE LIST, ATTACHED AND INCORPORATED; ALLOCATING SAID FUNDS TO THE CITY OF MIAMI DEPARTMENT OF OFF-STREET PARKING FOR THE DEVELOPMENT OF A PUBLIC PARKING FACILITY LOCATED AT 2121 NORTHWEST 21ST STREET, MIAMI, FLORIDA, OWNED BY GOODWILL INDUSTRIES OF SOUTH FLORIDA, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE A LOAN AGREEMENT FOR SAID PURPOSE. 04-01336-exhibit.pdf 04-01336-public notice.pdf 04-01336-resol ution. pdf 04-01336-transferring funds.pdf 04-01336-worksheet.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-04-0795 Chairman Sanchez: Let's go to the items that are -- that were properly advertised for 3 o'clock. 1 know that we have people that have come, and we don't want to keep you waiting, so let's take care of those items, then we'll come back to PZ (Planning & Zoning). I was hoping 10 try to get more noncontroversial PZ items out of the way, but it's time certain Item PH.6 and PH.9. PH.6 is transferring funds from -- to Off -Street Parking. Madam Director. Barbara Rodriguez -Gomez: Barbara Rodriguez, Director of the Department of Community Development. We are requesting a transfer of variety of funds to the City of Miami Department of Off -Street Parking for the development of a public parking facility located at 2121 Northwest 21st Street. This property is owned by the Goodwill Industry. It will provide 300 garage spaces, and it's basically -- its going to be a loan to the City. It's going to be payable back in the next 20 years, and the money is coming from Department of Capital -- City of Miami Department of Capital Improvement Project, 1, 000, 773; CDBG (Community Development Block Grant) reserve account, 219,467; Economic Development District 3 Reserve, 85,041; 30th Year Economic Development reserve from District 1, 3 and 4 for $130,000; Local Initiative Supportive Corporation, 28th Year closeout contract, 849,000; a housing pilot reserve of 160,573; from the Little Havana Homeownership Zone, 631,050, and it is to fund Off -Street Parking for $3,000,000 alone. Commissioner Winton: May I -- Commissioner Allen. Yeah. Commissioner Winton: -- inquire -- Vice Chairman Gonzalez: Mr. Chairman, I'll move PH.6. City ofMiami Page 70 Printed on t/t 1 /2005 City Commission Verbatim Minutes December 9, 2004 Commissioner Allen: This -- well -- Chairman Sanchez: Whoa, whoa, whoa, whoa -- Commissioner Allen: -- Mr. Chairman, I -- Chairman Sanchez: -- whoa, whoa, whoa, whoa. Commissioner Allen: -- I'd like to weigh in, as well. Commissioner Winton: I just -- I think there's an error -- Commissioner Allen: Yeah. Commissioner Winton: -- read into the record just then because 1 thought I heard you say Local Initiatives Support Corporation, 849,000; did I hear that? Ms. Rodriguez -Gomez: $849. Commissioner Winton: Thank you. Vice Chairman Gonzalez: You said thousand. Chairman Sanchez: All right. Ms. Rodriguez -Gomez: Did I? Commissioner Winton:: Yeah, she said thousand. That's why -- Ms. Rodriguez -Gomez: OK. Commissioner Winton: -- I just wanted -- OK. Chairman Sanchez: OK. Before -- Ms. Rodriguez -Gomez: Thank you. Chairman Sanchez: -- we open it up to the public, we need a motion and a second from the Commission. Is there a motion to approve the item? Vice Chairman Gonzalez: I'll move to approve -- Commissioner Winton: Second. Vice Chairman Gonzalez: -- PH.6. Chairman Sanchez: There's a motion by Vice Chairman Gonzalez. Is there a second? Commissioner Winton: Second. Chairman Sanchez: Second by Commissioner Winton. It is open for discussion. Commissioner Allen. Commissioner Allen: Yes. Thank you, Mr. Chairman. Madam Rodriguez, you may recall, we've City ofMiami Page 71 Printed on I/11/2005 City Commission Verbatim Minutes December 9, 2004 discussed this and, of course, the parking. I also need Mrs. Mary Conway up here, as well, so we can just sort of discuss the delineation of most of these dollars. One of my concerns, as you very well know, since I've been appointed as the Commissioner, I have been just totally disturbed at the fact that a lot of projects in District 5 have not been moved, and other -- and in conjunction with that, that can -- we can really run the risk of losing those fundings and so forth, and I've expressed to you, throughout the week, my concerns with certain other projects for homeowners' associations that may have been line itemed out of the capital --from the Capital Improvement Projects and so forth, so when I look at this item, it's a great item. I'm in favor of it . For example, the money that's being transferred from City of Miami Department of Capital Improvement Projects, I would assume that money was originally earmarked for a project in Allapattah, and because of the changing of the districts, it's now probably considered to be out of District 5. In any event, the project that it was designated for did not move, is that correct? It -- right, and so -- Mary Conway (Director, Capital Improvements & Transportation): Mary Conway. Commissioner, this is the project that we had explained to you was intitially to be funded with the Community Development dollars. Commissioner Allen: Right. Ms. Conway: We were going to use the City of Miami Beach job contract to -- Commissioner Allen: Right. Ms. Conway: -- piggyback. Commissioner Allen: Right. Ms. Conway: HUD (Department of Housing and Urban Development) had disallowed that -- Commissioner Allen: Right. Ms. Conway: -- so when they disallowed that, we were not able to meet the required time frames for the City to avoid losing the monies. The plans are completed. All the HUD approvals are in place. We're just working internally to address the funding issues. Commissioner Allen: Now, having said that, addressing the funding issue, here's what I need to have from your department. I need to know firmly and stated here that the projects -- you take, for example, the Allapattah project, has it been put out for bid? I need to have some certainty, because if it's put out for bid, I need some assurance that we will have the money available for that in any new allotment. Ms. Conway: We're working right now to put it out for advertisement early next week. Commissioner Allen: OK. Ms. Conway: And we're continuing to work with the managers to address the funding issue. Commissioner Allen: OK. Can you give me a timeline? I want to make sure -- I need on the record when will this thing be put out for bid, and if you say next week -- Ms. Conway: The advertisement -- Commissioner Allen: -- is that still in a conceptual stage? City ofMiami Page 72 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Ms. Conway: Before the end of next week, the advertisement for the project will be out on the street, including all the Davis Bacon Wage Act provisions, if we're able to utilize, in total or in portion, some Community Development dollars. Commissioner Allen: Right, and then, of course, there will be funding for this. I assume, this will probably take place in maybe six or eight months. There will be some available funding for that, very similar to some of these projects that are taking place here in these line items; am I correct? For example, you take the -- Barbara, you may step forward, if you will, please. Ms. Rodriguez -Gomez: Commissioner Allen -- Commissioner Allen: Yes. Ms. Rodriguez -Gomez: -- this is the same thing you requested at the last Commission meeting -- Commissioner Allen: Correct. Ms. Rodriguez -Gomez: -- as to make sure that when this project was ready, the funding be available -- Commissioner Allen: Right. Ms. Rodriguez -Gomez: -- and that the first dollars of Community Development Block Grant will be to fund this project. Commissioner Allen: OK. Ms. Rodriguez -Gomez: So, yes, the money will be there. Commissioner Allen: There, OK. That's -- thank you. Chairman Sanchez: Any further questions? Any further question on this? Vice Chairman Gonzalez: I -- Chairman Sanchez: Vice Chairman Gonzalez. Vice Chairman Gonzalez: I don't have a question. I just want to make a point of clarification. These CIP (Capital Improvements Projects) monies for this project in Allapattah were earmarked for District 1, OK? This was originally District 1 money. When we went to redistricting, 1 told Commissioner Teele that I will -- Commissioner Winton: When we had to redraw the lines. Vice Chairman Gonzalez: Yes. Yes, sir. Commissioner Winton: Right? When we had to redraw the lines in the last -- Vice Chairman Gonzalez.: When we had to redraw the line. Commissioner Winton: Right. Vice Chairman Gonzalez: You remember that. Commissioner Winton: Yes. City ofMiami Page 73 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Vice Chairman Gonzalez: I told Commissioner Teele, even though this is not going to be my district anymore, I'm going to leave -- and I made that promise especially to Albena Sumner that came to see me. I said, don't worry about it. The money will be there for the project. When we had the discussion at the last Commission meeting in reference to this funding, I said that I had talked to the administration and 1 have asked them exactly that. I wanted to make sure that this project, one that is bid out, and one that is designed, and one that is -- whatever process it takes to do a project, and it's ready, I wanted to make sure that the funding was there for this project, and I was promised by the administration that, yes, the money will be here at the time that the project is ready to go. Now, this parking structure is a very, very important project for the Allapattah Commercial District. For years and years and years, we have been fighting to get some kind of parking facility because, you know, the area has reached its peak, as far as economic development, but the problem is that if we don't find parking, these businesses are going to start fading out because people go to the area and, you know -- and all you have to do is just go to Allapattah on a Saturday or a Sunday, or even during the day week, and it's impossible -- almost impossible to find a parking space on 20th Street, and the complaints of the businesspeople is that, you know, we have invested money. We have done everything we can to bring this community up, but if we don't get some help as far as facilitating parking, then we going -- our business are going to start going down, and I remember that happened at the -- right on 5th Avenue and 29th Street. That sector, you know, it was blooming, and all of the sudden, started to go down, down, down, and they took I don't know how many years to rebuild that area, and still, I don't know if that already had reached its peak, so this is a very important project, and not only for the merchants in Allapattah and for the customers that visit the area to do their consumption there, but also for Goodwill. Goodwill is going through a major expansion, and Goodwill is going to be employing around 450 new people, people that nobody want to employ and are disabled people, OK, and the people that are going to be employed at Goodwill are basically from our most needed communities, Overtown, Model City, Little Havana, Allapattah, so you know -- and these are disabled people. People that, if it wasn't because of Goodwill, they would not have a way to go through a rehab program and to work and to feel that they are part of our society, so you know, it's a very, very important project, and I really appreciate, you know, the support of my colleagues in this issue, not only for -- because this is not an Allapattah issue. This is a citywide issue. It's an organization that do a great job for the needy people in the City of Miami. Thank you. Chairman Sanchez: That -- any other remarks from the Commission? Vice Chairman Gonzalez: I believe, Commissioner -- Ms. Rodriguez -Gomez: Well, when he opens it 10 the public. Chairman Sanchez: Well -- yeah, and then, I believe -- Vice Chairman Gonzalez. -- Gort wanted to address -- Commissioner Allen: Commissioner Gort. Chairman Sanchez: Commissioner Gort wanted to address, but before we do that, Commissioner Gort, let me just take a brief second and just take a different angle on this. I think that one of the things that give us more strength in this Commission has been the unity that we've had, and in the last thing -- and there was an article today's paper as to the -- all the funds that we had to take back because they weren't properly used, and I think the last thing that we want to do, this city or, as a matter offact, any city in the United States, is to have to give money back to the federal government that we did not use, and I could spend here days and days showing -- discussing on the needs that we have in our community, and when you see this and you look at where all the transfer of funds came from, these were money that if we did -- do not use, we're City ofMiami Page 74 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 going to end up losing, and some comes from my district and it comes from other districts here, but we're focusing on coming together and putting our resources to address global issues. One of the global issue here is today that we're facing and we're going to continue to face in the future is parking, and although that we have a dire need for parking in all our commercial areas in the Allapattah -- and we all want Allapattah to succeed -- is that that is a very important issue in Allapattah to have people that go there to spend money and buy their goods need to have a place to park, so taking the money out of different areas and applying it to them, today is his turn . Maybe six months from now and next year, it's Commissioner Allen's district who needs a project that we could all help out because, at the end of the day, you know, it's -- we represent a district, but we represent a city, so this is something that gives us strength in this Commission where we're able to support each other's cause and not saying, well, you took "X" amount of dollars from my district, you know, because tomorrow is a different thing that could benefit another district, so I just wanted to state that for the record so people don't think that we stand up here and we fight for funds that were taken out of my district, and I wasn't able to use it and I'm going to end up losing it. Well, if I'm going to lose the money, what I'm going to do is, I'm going to turn over to my colleague who has an initiative that's ahead of mine -- Commissioner Allen: Right. Chairman Sanchez: -- and ready to get started, and I'm willing to pass the money to you because, six months from now, I might be the one asking you to give me some money for my district. Commissioner Allen: Right. Chairman Sanchez: Commissioner Allen. Vice Chairman Gonzalez: Mr. Chairman -- Commissioner Allen: Yeah, and to the -- Vice Chairman Gonzalez: -- if you allow me, I would like to commend Commissioner Allen because Commissioner Allen has just done something that needed to be done, but not only to the City administration, to many organizations out there that have been holding funds for years and years and years, without delivering one project. That's why we're at a situation now that we were about to return money to Washington. This City, with the amount of need that we have in the City, talking about returning federal funds to Washington, that is not acceptable, and Commissioner, youjust did something that I commend you for that, and that is the attitude that we need here. When is this project going to get done? Give me a date. Don't tell me in the future, sometime, maybe. No, no. i want to know when this project is going to get done, and this is the type of attitude that we need, and not only as far as the streets and infrastructure in District 5, but we need it, as far as housing is concerned, affordable housing for the poor, parks, the whole nine yards, so I congratulate you for that position. Commissioner Allen: Right. Thank you. Great. Vice Chairman Gonzalez: That was needed here for a long time. Commissioner Allen: Great, great. Vice Chairman Gonzalez: Thank you. Commissioner Allen.: And I just wanted to add, Mr. Chairman, you mentioned the other issue about certain entities that have not spent their money and so forth. I'm making a concerted effort during my term to make sure that I create a more, fyou will, customer friendly relationship City ofMiami Page 75 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 between those projects and the City, to make sure we can bridge any gap that may exist, and I've already done that with respect to one particular entity, where I've created a mediation, if you will, so it'll make sure that those entities have the proper technical assistance so they won't run afoul of having money recaptured and so forth, because most importantly, in my district, we need economic development and we need projects moving, so thank you. Chairman Sanchez: All right. Commissioner Gort, always a pleasure to have you back here at City Hall, sir. Commissioner Wiredo Gort: Thank you, Mr. Chairman, honorable member of the Commission. It's a great pleasure. I reside at 2660 Northwest 14th Avenue. I just want to put some issues on the record. I'm also a member of the board of the Goodwill Industry. This is a project that we've been working for the last three years, Commissioner Gonzalez, Goodwill and the merchants. This is a combined product. The Goodwill is putting the land free of charge. The Off -Street Parking is the one that's going to be building the parking, and the merchants in the area has made a commitment to make sure that this is successful, and it'll be (UNINTELLIGIBLE), OK, so I just want to put that in the record, and once again, I want to thank you all for the work you're doing. Thank you. Chairman Sanchez: Thank you so much. Vice Chairman Gonzalez: Thank you, Willy. Chairman Sanchez: Anyone from the public? Other than that, I think we've discussed 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." Resolution passes. PH.7 04-01337 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE TRANSFER OF 30TH YEAR HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS IN THE AMOUNT OF $631,050; ALLOCATING SAID FUNDS TO THE LITTLE HAVANA HOMEOWNERSHIP ZONE TRUST FOR THE CONTINUATION AND COMPLETION OF SET PROJECTS. 04-013 37-ex h i b i t. pd f 04-01337-public notice.pdf 04-01337-resolution.pdf 04-01337-worksheet.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-04-0796 Barbara Rodriguez -Gomez (Director, Community Development): PH (Public Hearing) -- Chairman Sanchez: We go to transfer of HOME (Home Investment Partnership Program) funds to Little Havana Homeownership, PH. 7. Ms. Rodriguez -Gomez: PH.7, we're swapping the 631,050 that the Little Havana City ofMiami Page 76 Printed on l/11/2005 City Commission Verbatim Minutes December 9, 2004 Homeownership Zone had of CDBG (Community Development Block Grant) money, and we're giving them out of HOME money, not CDBG. Chairman Sanchez.: All right. Anyone from the public wishing to address this item, please step forward and be heard. Seeing none, hearing none, need a motion. Vice Chairman Gonzalez: Move PH.7. Chairman Sanchez: There's a motion by Vice Chairman Gonzalez. Commissioner Allen: Second. Chairman Sanchez: Second by Commissioner Allen. Open for discussion. No discussion. That's a resolution also. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. PH.8 04-01349 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 $3,000,000, FROM THE AGENCIES AND IN THE AMOUNTS STATED ON THE LIST, ATTACHED AND INCORPORATED; ALLOCATING SAID FUNDS TO PENINSULA EDISON PLAZA, LLC., FOR THE REDEVELOPMENT OF EDISON MARKETPLACE LOCATED AT 645 NORTHWEST 62ND STREET, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE A LOAN AGREEMENT FOR SAID PURPOSE. 04-01349-exhibit. pdf 04-01349-public notice.pdf 04-01349-resolution. pdf 04-01349-pre resolution.pdf 04-01349-history of item.pdf 04-01349-worksheet. pdf Motion by Commissioner Allen, 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-04-0797 Chairman Sanchez: We go to PH.8, which is the redevelopment of Edison Plaza Shopping Center. Commissioner Alien: That's correct, Mr. Chairman. Barbara Rodriguez -Gomez (Director, Community Development): OK. Chairman Sanchez: Pm sorry? Commissioner Allen: That's correct. Chairman Sanchez: Yes. City of Miami Page 77 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Ms. Rodriguez -Gomez: This is basically the redevelopment plan that reflects the results of competitive analysis of the market area. We have also reviewed problems, opportunity of how do we rehabilitate an existing structure that we have. We've been in contact with the Edison Plaza, Belafonte Talcolcy Center, and the Talcolcy Economic Development Corporation to help them out and to -- redevelopment of the Edison Marketplace facility. This new facility will be composing of 81,400 square feet of retail. This new center will be developed and managed by Peninsula Edison Plaza, LLC. It's a $12,000,000 project. We are recommending that $3,000, 000 be awarded to them. It is a loan. It will be paid back to the City at three percent interest rate in the next 20 years. 1t will also produce 98 jobs for City of Miami resident. We are recommending the de -obligation of Little Haiti Edison Credit Union, $7,320.47; Talcolcy Economic Development Corporation, 6,517.73; Omega Fashion, Incorporated, $4,216.39; Model City Homeownership Zone/Lot Clearing, 560,203.53; Model City Homeownership project, 368,126.92; Little Haiti Job Creation Pilot Project, 466,732; Word of Life Community Development Corporation, $15,000; Housing Project Reserve, 54,427; Dr. Rafael Penalver, District 3, $1,933.10; FANM (Fanm Ayisyen Nan Miyami), 64,284.38; Little Brothers - Friends of the Elderly, District 4, 2,762.40; The Nonviolence Project, 1,159.20; Economic Development Reserve, District 5, 367,481; Rafael Hernandez Housing and Economic, District 2, 5,933,10; Liberty City Optimist Club of Florida, 26,153.10; YMCA (Young Men's Christian Association) - Coconut Grove, $374.32; YMCA - Carver Branch, $228; the Commercial Code Compliance, citywide, 22,828; Catholic Charities/Pierre Toussaint, District 2, $32,835.46; Haitian American Foundation, 10,600; CODEC (Community Development Corporation), District 3, 311,800.84; the Alternative Program, $457.44; BAME (Bethel African Methodist Episcopal) Development Corporation, 2,179,80; The Embrace Foundation, Inc., $13,808.15; Little Haiti Edison Credit Union, 250,000; Kiddie Kop Child Care, Inc., 168,000; District 5 Reserve, 34,637.67; Talcolcy Economic Development Corporation, 200,000, and to fund the Peninsula Edison Plaza, LLC. There is a representative of the project, Mr. Otis Pitts, you have any other questions. Commissioner Allen: Mr. Chairman. Chairman Sanchez: Questions. Yes, Commissioner Allen. Commissioner Allen: No. I was just going to point out -- I want to thank my fellow Commissioners for their contribution -- financial contribution from their respective district for this overall project. As you know, this is the type of project my district needs to serve as a stimulus for economic development. As I sit here, 1 see all kinds of developments that are taking place in all the other districts, but for District 5, things have just been laying dormant in my district, and we've got to get something moving to try to attract businesses here and individuals to move in this district, so one of my key factors is my prosperity initiative to bring the type of economic development my district needs, affordable housing, which also inproves the quality of life and brings individuals into the economic mainstream, so with that, i think this is a fantastic project. 1 mean, it's going to have an immediate impact because that particular area has been laying dormant for a better part of in excess of probably 15 years, and it's an eyesore, and I think it will stimulate that entire area. I'm trying, at this juncture -- I've had several meetings with private entities, in fact, the Beacon Council, and it was a very spirited discussion, and ultimately, the Beacon Council says, well, Commissioner Allen, you need to spruce up your neighborhood That's the only way you can get businesses there. You've got to bring something there, and you know what? He's right about that, which I already know. I'm a solution -oriented person, and I want to make sure that these projects get moving. This is one that's doable, that can get kicked off right away to have an immediate impact, create jobs. Those individuals in and around that area, within a radius -- five-, six -mile radius, east, south, west, north, can be involved in trade and commerce, very similar to the project on 54th Street and 12th Avenue, where 1 see a lot of trade and commerce taking place, a lot offoot traffic. It's exciting to see that . I was there last night purchasing an item. I ran into a family, a young mother with two kids, and it was just happy to see those kids sharing what I shared in when I was a youngster within CityofMiami Page78 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 walking distance; to see a beautiful structure, people milling about, trade and commerce. It gives me the thought that this is something I need to do later so that we can have something that these young people can look forward to, as opposed to fleeing this city. My son has fled this city because of the fact that there's a lack of economic development in my district, and I'm going to tell you right now. That's my agenda and I'm going 10 make sure it goes forward. Ms. Rodriguez -Gomez: I do want to say that it's 70 percent leased already, and I also want to say that it has gone through the permitting, and they're ready to break ground. Vice Chairman Gonzalez: That's great. Commissioner Winton: Wow. Vice Chairman Gonzalez: That's great. Chairman Sanchez: Well -- Commissioner Winton: Here, here. Chairman Sanchez: We just want to make sure that putting up this money is a sign of our interest to that community, and the last thing that we want to see is any more hearts broken because offailure past, so you know, we have to make sure that we do everything we can to make sure they succeed because this is a double-edged sword. Ms. Rodriguez -Gomez: Right. Chairman Sanchez: If we provide them enough money not to succeed but to fail, it'll set back -- it sets back any community when you have any type offailure because others, investors aren't going to come in and invest, so you know, we need to have an assurance, as, you know, we should have throughout the entire city, that when we team up -- because this is a partner type of thing when we do it with these organizations, to make sure that they're able to succeed so, in other words, they don't hold us back but they pave the way into the future for the redevelopment of some of these areas. Thank you. All right. We need to vote on the issue. It's a resolution, I believe. Ms. Rodriguez -Gomez: Public hearing. Chairman Sanchez: Oh, it's a -- Vice Chairman Gonzalez: We need -- Chairman Sanchez: I'm sorry. Commissioner Allen: Public hearing, Mr. Chairman. Chairman Sanchez: No, no. It's a public hearing. It's a public hearing. Anyone from the public wishing to address the Commission on this item? Commissioner Winton: Mr. Range? Chairman Sanchez: Yes. Good afternoon, sir. Please state your name for the record and also make sure that you give the Clerk your name. OK. Yes, sir. Patrick Range: Thank you very much. Good afternoon, Mayor, Commissioners. It's a pleasure that I'm able to come here. City of Miami Page 79 Printed on I/11/2005 City Commission Verbatim Minutes December 9, 2004 Commissioner Winton: Patrick, pull your -- pull that microphone up. Mr. Range: It's a pleasure that I'm able to come here on this issue, and I come -- since this resolution, I am --1 should say I'm chairman of the Model Cities Revitalization Zone Trust. Since almost $1,000,000 has been designated for the Model City --from the Model City Homeownership, I believe that the Model City Trust is an investor in this project. Although I've not received much information about the project, I do know Mr. Pitts very well, and have a great deal offaith in him and in his ability to deliver. I understand the City's need to find significant and beneficial projects that are eligible for CDBG (Community Development Block Grant) funding, and given his experience and the established investment in the project, the Edison Plaza project likely meets the many needs. 1 do have a concern, however. Because of several delays that have left the monies that are being transferred from the Model Cities Trust available unspent for so long, much of the homeownership zone's funds refer to this resolution. For instance, where allocated initially for lot clearing and demolition, we learned later that HUD ( Department of Housing & Urban Development) found those lot clearing expenses ineligible and demolition could not proceed with CDBG funds because the funds were still frozen. In order that we can be effective in our mutual vision of revitalization, the Model Cities Trust has made great progress in establishing a rapport with the community. As Reverend Vincent Mitchell, the public advocate of our board would say, we succeeded in establishing trust within and around the Model City Trust. These delays in spending threatened the City's entitlement, as well as the Trust's credibility. The last transactions on the project occurred June 2003. We respect the City Manager's role as the representative for the City in meetings with HUD. However, we hope that we can bridge the communication gap that has left us deaf and blind, in many instances. We presently have several exciting projects that are making their way through permitting and design, but we hope that we can improve our working relationship as we move forward. The board understood, when it accepted the challenge of leading this initiative, that we had a challenge before us. Many promises have been made to the Model City community over the past several decades. The area of focus, the Model City Homeownership Zone, was historically known as Germ City. Piecemeal efforts in the past have proven ineffective to reverse the challenges. The board that you have confirmed is committed to continuing its efforts to bring about the revitalization of Model City. 1 would just like to say that, in addition to that, that we understand that funds are needed and, as I said, that this project is ready to go, and we're not here dividing our community. We're not here saying that this should be and that should not be. Our concern is that we also have a vital project, a project that we have accepted your challenge for us to develop. We've been met with many situations. I'm not sure where the problem is, but monies have been frozen, 1 understand, at one point. At another point, I understand that they're not frozen. We've been told that there were letters that had come from HUD freezing monies; letters we have never had privilege to see. Perhaps, it's not our business to see, but 1 would think that, you know, if there is confidence in this board, that at least we should be given the respect to be privileged to what is going on with it. I am -- I'm just thoroughly disappointed that we're at this juncture, and I hope that, even though these funds are being transferred -- as in talking with you, Commissioner Allen, I'm hoping that other funds will be identified -- Commissioner Allen: Correct. Mr. Range: -- that will not take this project from the Model Cities area. As you've said, economic development is important, but housing also is important. As you said, development is going on all over the City, the County, but look at Model Cities, nothing is happening. We have the master plan in place, you know, for a revitalized area, and it is most important that it not be pushed aside. Commissioner Allen: Right. Mr. Range: Thank you. City ofMiami Page 80 Printed on 1/!1/2005 City Commission Verbatim Minutes December 9, 2004 Commissioner Allen: Yeah. If I may, Mr. Chairman? Chairman Sanchez: Yes. Commissioner Allen: You may recall, Patrick, of course, my effort, since I've been appointed, I understand that had been some sort of -- I don't know if you want to characterize it as some sort of acrimonious relationship with the City, vis-a-vis the Trust, but you do -- Mr. Range: Not vis-a-vis the Trust. The Trust had no acrimony. Commissioner Allen: Well, both ways. In any event, you do realize that 1 try -- 1'm making every effort to try to bridge that gap, to try to mediate it. In fact, we did have meeting, in fact, and hopefully, that's a start to make sure that things -- it's too wide to ship, for lack of a better description, and I hope that was helpful to you, and 1 will continue to do those things in that regard, so -- Mr. Range: I'1! see -- that was helpful, and you know, we have had conversations with you, with the Mayor -- Commissioner Allen: Right. Mr. Range: -- with the Manager, but it seems that all of the facts are never put on the table, you know. We come back the next day and find out that something that we discussed, you know, is totally different from what we were allowed to believe. Commissioner Allen: Well, that's what my staff is. You know, we look -- I look at all the data years past, as late as October the 1st, when I was appointed, and 1 shared your concerns, and that's why 1 acted on it promptly. The key is to make sure that Model Cities goes forward with building affordable housing. That's my objective. Irrespective of anything else, I need to get something out of the ground. Vice Chairman Gonzalez: That's right. Commissioner Allen: So that's the most important thing. I want to see something tangible, so to that end, let's all work in that direction, and I'll make sure the City helps you in every way possible, and of course, there would be no more hurdles, if you will, placed in your way -- Chairman Sanchez: You got to produce. Commissioner Allen: --from your perception as well, OK? I can assure you of that and making every effort in that regard. Mr. Range: That's fine. It's just one other question that I wanted to ask. Chairman Sanchez: Before you do that, Commissioner Winton wanted to speak, Mr. Range. Commissioner Winton: And, Commissioner Allen, 1 don't mean to stick my nose into your district, but the fact of the matter is, I spent a great deal of time, before you got here, trying to unravel some of this stuff with the Model City Trust; had my own level of significantfrustration, and I think we were pretty close when your predecessor decided it was time for me to bow out and -- after he had invited me in, so -- but that's neither here nor there, but it dawns on me, at this point, because I think there is a commitment with you at the table, and I think that the Manager and his staff have sorted through some things, and there's a commitment on the part of the administration to get shovels in the dirt, and the Trust absolutely wants that, but it seems to City of Miami Page 8! Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 me that maybe, Mr. Manager, the one last step that could clarifi, this whole picture is a document that's in writing that everybody gets to look at that says very clearly the impediments to putting a shovel in the dirt within 90 days are the following, the solution to those impediments are the following, and our commitment is to get a shovel in the dirt to build 'X" number of housing units by this date -- 90, 120 -- 60, 90, 120 days. That document, 1 think, would clear the air. Everybody would have a crystal clear road map. 1 think frustrations that people feel about whether we're here, or we're there would melt instantly, and everybody would have the same goal, so Mr. Manager, is it possible to do something like that? Joe Arriola (City Manager): So you have an under -- there's a couple things 1 need to clear in here. First of all, the Model Cities Trust still has $4,000,000. Next one is that we have an agreement with them that, by March 1, 16 houses will be started. I don't know what -- you know, Commissioner Allen, it's going to be your call on what you're going to call "started," and we're willing, ready and able. There's nothing, zero stopping that process right now, so if they want -- Commissioner Winton: So there's no impediment? Mr. Arriola: -- to build 16 houses, they could have 16 houses started by March 1. Mr. Range: And that we are aware of and we're appreciative of that opportunity. One last question I'd just like to ask, with regards to the monies that are being transferred and other monies that are in the City coffers that are in danger of going back. Is it not possible that some of those other monies that are not -- you know, looking at this article -- I don't know -- I guess you all did at some point today, but apparently, there's something like $30,000,000 that -- Mr. Arriola: That's not true. Mr. Range: -- was available, and I'm just concerned as to if it's not possible that some of these monies could be used to help to fund Mr. Pitts' project. Mr. Arriola: First of all, you're reading off the Miami Herald. If you believe the Herald, then we have a problem because the Herald has no idea what they're doing. Mr. Range: I don't have too much else to read off of Mr. Arriola: Yeah, that's what I'm saying. There's no $30,000,000 sitting on a bank account, you know, so believe me, I wish I had a $30,000,000 checkbook to write checks with. At the end of this day, so you understand, by the time we finish now and in January with the projects that we've got forward -- some projects in District 5, as you know, we're bringing all these projects forward there -- we're not going to have any money. We're going to be in pretty good shape, and we're going to wait for Washington to send us our next trench of money -- in October, right? -- in October, so you know, I'm sorry, but if you believe what the Herald writes, you know, it's kind of like I have a bridge to sell you, so -- Mr. Range: I thought it was better that I should bring it -- Chairman Sanchez: You probably do. Mr. Range: -- and let it be cleared up -- Mr. Arriola: Yeah. Mr. Range: -- than not. Commissioner Allen: Great. City of Miami Page 82 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Chairman Sanchez: All right. Commissioner Allen: OK. Chairman Sanchez: Mr. Range, thank -- Mr. Range: OK. Thank you very much for allowing me to come, and I do hope that, you know, this Commission does, in fact, want the project in Model Cities. If it does not, then you know, you're wasting the time of a lot of committed citizens, and you know, that's my point. Chairman Sanchez: Well, we certainly don't want to waste our time, and then again, we certainly don't want to waste yours. Mr. Range: Right. Vice Chairman Gonzalez: Right. Chairman Sanchez: So we appreciate you being here with us today. Thank you. All right. Vice Chairman Gonzalez: Start building. Chairman Sanchez: OK We need to vote. We have not voted on it, but we do have a motion and a second. The public hearing -- anyone from the public wishing to address -- Vice Chairman Gonzalez: I don't think we had a motion and a second. Chairman Sanchez: Yeah, there was a motion and a second. Sylvia Scheider (Assistant City Clerk): No. Vice Chairman Gonzalez: No, sir, there was not. Ms. Scheider: No, I'm sorry. Commissioner Allen: No. Ms. Scheider: We don't have a motion. Chairman Sanchez: Oh, there wasn't? Ms. Scheider: No. Commissioner Allen: No, there was not. Chairman Sanchez: Well, I'm sorry. Well, we're going to need a motion on this and a second for the purpose of discussion. Commissioner Allen: 1 make a motion to approve the -- Vice Chairman Gonzalez: And I'll -- Chairman Sanchez: There is a motion by Commissioner -- Vice Chairman Gonzalez: And I'll second that motion. City of Miami Page 83 Printed on l/11/2005 City Commission Verbatim Minutes December 9, 2004 Chairman Sanchez: -- Allen, second by Vice Chairman Gonzalez. Now it is open for discussion from the Commission. Any further discussion from the Commission? Commissioner Allen: Well -- Chairman Sanchez: Hearing none, the public hearing is closed. Commissioner Allen: Hold on. I think Mr. -- Mr. Pitts, did you want to say anything? Chairman Sanchez: I think he just wants to say thank you. Commissioner Allen: OK. Chairman Sanchez: 1 think he just wants to say -- Commissioner Allen: You were standing -- yeah. Chairman Sanchez: -- thank you, right? All right. Commissioner Allen: OK. Chairman Sanchez: It is a resolution, 1 believe, so all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Congratulations. Commissioner Allen: Congratulations. Chairman Sanchez: All right. Mr. Arriola: Mr. Chairman -- Chairman Sanchez: Yes. Mr. Arriola: -- if you forgive me, you know, I'm going to break one of the rules that we have here, which is no food in this thing. I got this wonderful basket. These wonderful people came here to support the Edison project. If you allow me, I would like to share it with them -- Chairman Sanchez: Absolutely. Mr. Arriola: -- because they were here. Thank you. PH.9 04-01350 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE TRANSFER OF 30TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS, IN THE TOTAL AMOUNT OF $305,000, FROM SMALL BUSINESS OPPORTUNITY CENTER, INC.; ALLOCATING SAID FUNDS TO DOWNTOWN MIAMI PARTNERSHIP, INC., IN THE AMOUNT OF $100,000 AND CAMARA DE COMERCIO LATINA DE LOS ESTADOS UNIDOS, INC. IN THE AMOUNT OF $100,000, TO IMPLEMENT THE COMMERCIAL FACADE AND COMMERCIAL CODE COMPLIANCE PROGRAMS OF THE CITY OF City ofMiami Page 84 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 MIAMI ("CITY") FOR DISTRICTS 3 AND 4, AND THE AMOUNT OF $105,000, TO THE CITY'S COMMERCIAL FACADE PROGRAM FOR ACTUAL CONSTRUCTION COSTS TO BE PAID DIRECTLY TO THE CONTRACTOR; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS AND/OR AMENDMENTS TO EXISTING AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORMS, WITH SAID AGENCIES. 04-01350-exhibitl .pdf 04-01350-exhibit Agreement.pdf 04-01350-public notice.pdf 04-01350-resolution. pdf 04-01350-attachment A.pdf 04-01350-file summary report.pdf 04-01350-pre resolution.pdf 04-01350-history of item.pdf 04-01350-works heet. pdf Motion by Commissioner Regalado, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-04-0798 Barbara Rodriguez -Gomez (Director, Community Development): PH.9, as you all know, the Small Business Opportunity Center closed their doors. We issued a Request for Proposal, and we are now awarding those funds. We are awarding $100,000 to Downtown Miami Partnership for District 3, and we are awarding CAMACOL (Latin Chamber of Commerce), Incorporated another $100, 000 for District 4, and $105,000 is funds to be utilized for the actual construction cost to be paid directly to the contractor, so it's basically reallocating Small Business Opportunity Center funding. Chairman Sanchez: And this -- for the facade, it's only for one year. Ms. Rodriguez -Gomez: Correct. It's through September 30. Chairman Sanchez: Exactly, and therefore, next year, another bid would be put out. Ms. Rodriguez -Gomez: Correct. Chairman Sanchez: OK. All right. Commissioner Regalado: Mr. Chairman. Chairman Sanchez: Yes. Well, why don't we get a motion or a second -- Commissioner Regalado: I'll move -- Chairman Sanchez: -- for the purpose of discussion. Commissioner Regalado: -- the item. Chairman Sanchez: There's a motion by Commissioner Regalado. Vice Chairman Gonzalez: Second -- City ofMiami Page 85 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Commissioner Allen: Second. Vice Chairman Gonzalez: -- for discussion. Chairman Sanchez: Second by Commissioner Allen. It is open for discussion. Commissioner Regalado, you're recognized. Commissioner Regalado: On the CAMACOL issue, the facade, when can they start on the projects in District 4? Ms. Rodriguez -Gomez: We are aiming for them to start January 1. Commissioner Regalado: January 1. Ms. Rodriguez -Gomez: Yes. Commissioner Regalado: We do have some people that are -- been waiting. 1s downtown -- Ms. Rodriguez -Gomez: Downtown -- Commissioner Regalado: -- taking care -- Ms. Rodriguez -Gomez: -- Miami Partnership has been helping us, and yes, they are continue -- they're dealing with the one that you referred us last week, so yes, we will continue working with them, and Allapattah Business Development is also helping out until January 1. Commissioner Regalado: OK. Who's going to -- can we know the -- do we know the team from the facade program from CAMACOL? Ms. Rodriguez -Gomez: From CAMACOL? Not right now. 1 believe Mr. Almeida, that used to work for Small Business Opportunity, is going to be working with it. Commissioner Regalado, 1 don't know the whole team, but I can tell you Mr. Almeida used to work for Small Business Opportunity. Commissioner Regalado: OK. No, I'm -- All right. I'm fine. Chairman Sanchez: All right. On this item, let me just take the opportunity to clear the air, as we have this opportunity here. Let me just say that SBOC (Small Business Opportunity Center) was a good organization. They were very productive. I think we can file them -- they were the leaders in the facade program. They had a great team together. For reasons beyond my control, as well as yours and all those here, that agency, which was a shame, ended up closing its doors, putting us in a situation where we have to provide a service to our constituents, and therefore, now we're faced with the situation where, through the bidding process, in all fairness - - because I believe CAMACOL deserves an opportunity to participate in the facade program -- it was awarded to downtown. They're going to have a year. We'll evaluate them -- Ms. Rodriguez -Gomez: Right. Chairman Sanchez: -- as to a year base, and then, next year, it'll be opened up again, and of course, anyone could participate in the process -- Ms. Rodriguez -Gomez: Correct. Chairman Sanchez: -- as being a very fair process, but once again, all those that worked at SBOC, there was a good crew. They worked very hard. I would just like to know -- and I know City ofMiami Page 86 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 it's got nothing to do with this. I know that Mr. Almeida now will be working with CAMACOL, but some of the other employees, what happened to them -- Ms. Rodriguez -Gomez: We -- Chairman Sanchez: -- at the end? Ms. Rodriguez -Gomez: — did tell them -- and the Executive Director of Miami Partnership, Josie Correa, has told them that they can apply to work with her, and she's very interested if any of them want to go work with her. Chairman Sanchez: All right, so we're making an effort -- Ms. Rodriguez -Gomez: Right. Chairman Sanchez: -- all possible to try to -- Ms. Rodriguez -Gomez: We are. Chairman Sanchez: -- maintain them in their programs. Ms. Rodriguez -Gomez: We are. Chairman Sanchez: OK Thank you so much. There's a motion and a second. It's a public hearing. Anyone from the public wishing to address the Commission on this item? Seeing none, hearing none, the public hearing is closed, and we come back for further discussion. 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." It carries. Ms. Rodriguez -Gomez: Thank you. Chairman Sanchez: Barbara, thank you so much. City ofMiami Page 87 Printed on I/II/2005 City Commission Verbatim Minutes December 9, 2004 ORDINANCES - SECOND READING SR.1 04-00994 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), MAKING APPROPRIATIONS FOR NEW CAPITAL IMPROVEMENT PROJECTS SCHEDULED TO BEGIN IN FISCAL YEAR 2004-2005 AND CONTINUING PREVIOUSLY APPROVED PROJECTS; APPROPRIATING GRANT FUNDS IN THE AMOUNT OF $564,968 FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY INTO CAPITAL IMPROVEMENTS PROJECT NO. 311717, ENTITLED: "FLEET MAINTENANCE GARAGE WIND RETROFIT" AND GRANT FUNDS IN THE AMOUNT OF $5,000 FROM THE UNITED STATES TENNIS ASSOCIATION INTO CAPITAL IMPROVEMENTS PROJECT NO. 333109, ENTITLED: "BRYAN PARK IMPROVEMENTS;" AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANTS AND TO EXECUTE ALL NECESSARY DOCUMENTS, FOR SAID PURPOSES, CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 04-00994-cover memo.pdf 04-00994-budgetary impact.pdf 04-00994-leg islation. pdf 04-00994-exh ib it. pdf 04-00994-Additional-backup.pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado 12622 Chairman Sanchez: So we move on to -- Commissioner Winton: SR.1. Chairman Sanchez: We're trying to get as many as we can. Priscilla A. Thompson (City Clerk): SR (Second Reading). Chairman Sanchez: SR.1. Commissioner Winton: So moved. Chairman Sanchez: SR.1. There is -- SR. I is an ordinance on second reading. There's a -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- motion and a second. It is a public hearing. Anyone from the public wishing to address this item, please step forward and be heard. Seeing none, hearing none, it's out there, and once again, let me just state something on the record on this. I stated the last time, infrastructure may not be as exciting as, you know, the baseball stadium and stuff, but it's the core of the City, especially this will allow Miami to rebuild public places and park. It's -- we're just heading in the right direction. I continue to say that we are making the right choices and we are heading in the right directions when it comes to getting a lot of these projects built. City ofMiami Page 88 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Once again, I stated the biggest thing was that we got the bond issuance. The taxpayers are expecting us to come through, and if we don't come through, you know, the last thing that I want to do, as a Chairman and as a member of this legislative body, is to end up with egg in my face with all these projects, so -- Vice Chairman Gonzalez: All right. Chairman Sanchez: -- congratulations to all those that continue to labor so hard to make this -- projects move forward. All right. It's an ordinance. Mr. City Attorney, read the ordinance into the record, and Madam Clerk, you could do the roll call after. The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: Madam Clerk, roll call. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on second reading, 9/0. SR.2 04-01233 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION SUNSETTING THE FOLLOWING BOARDS: BROWNSFIELDS ADVISORY BOARD, THE ECONOMIC DEVELOPMENT FINANCING AUTHORITY, THE INDEPENDENT COMMUNITY REDEVELOPMENT AGENCY, THE UNITED STATES HOUSING AND URBAN DEVELOPMENT FUNDING POLICY, PROGRAM AND PROCEDURES REVIEW COMMITTEE, THE PROPERTY AND ASSET REVIEW COMMITTEE, THE LITTLE HAVANA FESTIVAL COMMITTEE AND THE AFFORDABLE HOUSING ADVISORY BOARD; MORE PARTICULARLY BY AMENDING CHAPTERS 2, 18, 14 AND 54, OF THE CODE OF THE CITY OF MIAMI, FLORIDA , AS AMENDED, AS STATED HEREIN; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-01233-cover memo.pdf 04-01233-Ieg islation. pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado 12623 Chairman Sanchez: SR.2 is an ordinance on second reading. Need a motion on it. This -- Commissioner Winton: So moved. Vice Chairman Gonzalez: Move it. Commissioner Winton: Sorry. Chairman Sanchez: This is an ordinance sunsetting seven boards. It's a nice start. We should be back with some other boards that we might be doing away with. City ofMiami Page 89 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Commissioner Winton: Here, here. Chairman Sanchez: OK. Commissioner Allen: Here, here. Chairman Sanchez: It's a public hearing on second reading. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed. We have a motion and a second. Commissioner Allen: Second. Chairman Sanchez: Open for discussion from the Commission. Hearing none, Mr. City Attorney, read the ordinance into the record. The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: Madam Clerk. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on second reading, 4/0. SR.3 04-01137 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE IV/SECTION 54-130 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/NAMING OF STREETS AND NUMBERING OF BUILDINGS/NAMES OF DRIVES AND ROADS," BY CHANGING THE NAME OF SOUTHWEST 15TH ROAD BETWEEN SOUTHWEST 11TH STREET AND BRICKELL AVENUE TO BROADWAY; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE TO THE HEREIN DESIGNATED AGENCIES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 04-01137-cover memo.pdf 04-01137-Ieg islatio n. pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado 12624 Chairman Sanchez: SR.3 is an ordinance on second reading. Is there -- Commissioner Winton: So moved. Chairman Sanchez: -- a motion? Vice Chairman Gonzalez: Second. City of Miami Page 90 Primed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Chairman Sanchez: There's a motion by Commissioner Winton, second by Vice Chairman Gonz alez. It is a public hearing on second reading. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed. Bringing it back to the Commission for further discussion. Hearing none, Mr. City Attorney, read the ordinance into the record The Ordinance was read by title into the public record by the City Attorney. Commissioner Winton: Which is the original name of that road Chairman Sanchez: Yes. Madam Clerk, roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. City ofMiami Page 91 Printed on I/11/2005 City Commission Verbatim Minutes December 9, 2004 ORDINANCE - FIRST READING FR.1 04-01309 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CODE"), ENTITLED: "MOTOR VEHICLES AND TRAFFIC/ PARKING RATES," BY: (1) CHANGING THE PARKING RATES AT CERTAIN SPECIFIED ON -STREET PARKING METER ZONES AND PARKING LOTS; (2 ) CHANGING THE PARKING RATES AT CERTAIN MUNICIPAL PARKING GARAGES AND OFF-STREET PARKING LOTS; (3) AUTHORIZING THE DEPARTMENT OF OFF-STREET PARKING ("DOSP") BOARD TO CHANGE RATES BY RESOLUTION BY NOT MORE THAN THREE PERCENT (3%) ANNUALLY; (4) PROVIDING FOR VALET METERED SPACE RENTAL AND ON -STREET NON -METERED SPACE RENTALS AND RENTAL RATES; AND (5) BY INITIATING RATES FOR NEW FACILITIES DURING THE FISCAL YEAR; MORE PARTICULARLY BY AMENDING SECTIONS 35-191, 35-192, 35-193, AND 35-194 OF THE CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 04-01309-cover memo.pdf 04-01309-memo.pdf 04-01309 Complete Legislation.doc Motion by Vice Chairman Gonzalez, seconded by Commissioner Allen, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado Chairman Sanchez: All right. We move to ordinance on first reading. We have FR. 1, which is an ordinance on first reading. Is the -- Vice Chairman Gonzalez: Move FR.1. Chairman Sanchez: There is a motion by Vice Chairman Gonzalez. Is there a second? Commissioner Allen: Second. Chairman Sanchez:: Second by Commissioner Allen. It is open for discussion. It is a public hearing. Anyone from the public wishing to be heard on this item, please step forward and be heard. Seeing none, hearing none, the public hearing is closed. Any further discussion from the Commission? Commissioner Allen: Maybe someone should come forward just to put something on the record regarding -- Chairman Sanchez: Yes. Art -- Mr. Noriega, please state your name for the record. Art Noriega: Art Noriega, Executive Director, Miami Parking Authority. This is an update to the Parking Rate Ordinance. This modifies various rates in certain neighborhoods, both on- and off-street. The primary incentive behind this rate ordinance is really two fold. Primarily, because we have a significant capital project, five-year capital plan, which was really going to go into place beginning of next year. That plan is subsequent to a bond issue, first part of next year, and there needed to be, on our end, some revenue increases to be able to meet the City of Miami Page 92 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 proposed or required debt service coverage. Secondary f mction of this rate ordinance, in some areas, is just really primarily to bring some of the rates, which haven't been changed in ten to fifteen years to market. This -- across-the-board, this rate increase doesn't modify or change rates in any situation where we are anywhere above the midpoint, in terms of market We are usually at or below market in every single one of these rates proposed changes. Commissioner Allen: Right, so this -- Chairman Sanchez: Art. Commissioner Allen: Yeah. Chairman Sanchez: Yes. Commissioner Allen: Just a quick question: So this pretty much spells out the various areas -- Mr. Noriega: Correct. Commissioner Allen: -- in terms of the reduction, and it's pretty neutral overall -- Mr. Noriega: Yes, sir. Commissioner Allen: -- the designated areas, some are increased and some are reduced. Mr. Noriega: Some -- there are some that have not been modified in this particular ordinance because they were done back in '98, which was some on -street rates in Coconut Grove and the downtown Business District -- Commissioner Allen: Correct. Mr. Noriega: -- because those were done six years ago. Commissioner Allen: Right. Mr. Noriega: But, primarily, the changes and modifications are, for the most part, citywide. In some cases, we're actually establishing some rates, which were never in place. Commissioner Allen: Right. Mr. Noriega: Where we've had a demand for like on -street decals -- Commissioner Allen: Right. Mr. Noriega: -- and we don't have a rate established in a particular area, we've established a rate by this ordinance. Commissioner Allen: Right, but is it neutral from the standpoint certain areas and certain districts -- it's not an enormous increase versus say, another area. I mean, is the percentage increase neutral or -- Mr. Noriega: No. It's -- the only areas where there have been --from a percentage standpoint, the increase is probably more than moderate, it's really because those particular rates have not been changed in almost 20 years. We have lots where decals currently are $15 a month, may go up to $45, but because the rate hasn't been changed in almost 20 years, so that's the only reason why it seemed significant, but it's because they -- those rates have never been modified. City ofMiami Page 93 Printed on I/11/2005 City Commission Verbatim Minutes December 9, 2004 Chairman Sanchez: Art, I think we need to be very clear on what 1 consider to be a misunderstanding of some type, and that is on the permit jumping from $15 to 45. I think you need to explain that very carefully. That's one of the items that you need to -- Mr. Noriega: Sure. Chairman Sanchez: -- explain, not to all those that are here, but those that are watching on Net- 9, and have read the paper this morning. The other item is -- the other issue that you need to focus on is the $1,600,000,000 (UNINTELLIGIBLE) be bonding out, of course, will be to be -- to focus on future -- Commissioner Allen: Future. Chairman Sanchez: -- parkings in the -- Mr. Noriega: Correct. Chairman Sanchez: -- area because we've heard, and especially, in this Commission, that the future of Miami -- and 1 just got back from New York. You do not want to know what you pay in New York for parking for an hour. Commissioner Allen: Yeah. Chairman Sanchez: So it is an ongoing problem in cities such as New York, Chicago, Philadelphia, et cetera, and it's getting to be a problem in our city, and in the future, we need to address more parking in certain areas in our community, and I think that people need to realize that the money that you're raising here is going to add up to $1,600,000,000. It's going to be bonded out -- Mr. Noriega: Correct. Commissioner Allen: Right. Chairman Sanchez: -- to facilitate more parking -- Commissioner Allen: More parking. Chairman Sanchez: -- in the future. Mr. Noriega: Absolutely, Commissioner, and that really equates to almost -- to a little over 3, 000 new parking spaces -- Commissioner Allen: Great. Mr. Noriega: -- in various neighborhoods throughout the City. The -- for further explanation on the issue of the jump from the 15 to 45, when we did a comparative market study -- and I presented a package to each one of you, and in that package was a specific cost comparison on those decal rates of both other facilities within those neighborhoods, as well as other municipalities because we did a comp survey of us, City of Coral Gables, Fort Lauderdale, City of Miami Beach, so that we're comparable to those cities. We don't want to be, obviously, in excess of those. It creates, obviously, a negative impact in terms of us drawing business and people who want to do business within our particular cities, so those areas where it may seem somewhat drastic from a 15 to 45 increase, those really are a direct result of those -- there have been no modification or changes to those rates in so many years that, even at 45, they're still way City ofMiami Page 94 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 below market. Chairman Sanchez: All right. Any further questions on the item? Hearing no further discussion, it's an ordinance. Mr. City Attorney, read the ordinance into the record. The ordinance was read by tide into the public record by the City Attorney. Chairman Sanchez: Madam Clerk, roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. City ofMiami Page 95 Printed on I/II/2005 City Commission Verbatim Minutes December 9, 2004 RESOLUTIONS RE.1 04-01310 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING PAYMENT TO MIAMI-DADE COUNTY ("COUNTY") FOR THE DISPOSAL OF CERTAIN SOLID WASTE MATERIALS COLLECTED IN AND BY THE CITY OF MIAMI ("CITY"), PURSUANT TO THE INTERLOCAL AGREEMENTS BY AND BETWEEN THE CITY AND THE COUNTY, EXECUTED ON SEPTEMBER 29, 1995, FOR AN APPROXIMATE AMOUNT OF $8,160,000, FOR A ONE-YEAR PERIOD; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 422001.320302.6.531; STIPULATING THAT THIS AMOUNT CANNOT BE INCREASED WITHOUT PRIOR APPROVAL OF THE OFFICE OF STRATEGIC PLANNING, BUDGETING AND PERFORMANCE AND THE DEPARTMENT OF PROCUREMENT. 04-01310-cover memo.pdf 04-01310-budgetary impact.pdf 04-01310-interlocal agreement.pdf 04-01310-agreement.pdf 04-01310-second interlocal agreement.pdf 04-01310-resol uti o n. pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-04-0787 Chairman Sanchez: RE.1. RE.1 is a resolution. Is there a motion? Vice Chairman Gonzalez: Move RE.1. Chairman Sanchez: There's a motion by Vice Chairman Gonzalez. Is there a second? Commissioner Allen: Second. Commissioner Winton: Second. Chairman Sanchez: Second by Commissioner Allen. It's a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed. We open it for a further discussion from the Commission. Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RE.2 04-01312 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND MIDTOWN MIAMI COMMUNITY DEVELOPMENT City of Miami Page 96 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 DISTRICT ("CDD"), A LOCAL UNIT OF SPECIAL PURPOSE GOVERNMENT, WITH THE TERMS AS STATED HEREIN, FOR THE CDD TO PROVIDE CONCEPTUAL AND FINAL DESIGN TO ACCOMMODATE THE PROPOSED MIAMI STREETCAR THROUGH MIDTOWN MIAMI, IN AN AMOUNT NOT TO EXCEED $613,000; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 341330, "B-71215 STREETCAR PROJECT." 04-01312-ex h ibit. pdf 04-01312-ex h i b itA. pdf 04-01312-resolution.pdf 04-01312-cover memo.pdf 04-01312-budgetary impact.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-04-0788 Chairman Sanchez: We go to RE.2, which is also a resolution. Vice Chairman Gonzalez: Move RE.2. Commissioner Allen: Second. Chairman Sanchez: Num -- OK. Commissioner Allen: Wait. Chairman Sanchez: RE.2 -- Commissioner Allen: Second. Discussion. Chairman Sanchez: -- has been moved by Vice Chairman Gonzalez, second by Commissioner Allen. Someone from the City needs to just step up and -- Commissioner Allen: Yeah. Chairman Sanchez: -- state something for the record, please, as to this item. Mary Conway: Mary Conway, CIP (Capital Improvements Projects) and Transportation. This item is to allow the conceptual engineering and design for the portion of the proposed Miami Streetcar that falls specifically within the Midtown Miami development, and the purpose is to allow the advanced work to revisit the underground utilities and the street construction so that, should the City of Miami Streetcar Project move forward, that there won't be increased costs or any fatal flaws to the project within the specific Midtown Miami development, where they're putting in the street infrastructure right now, so it's to make sure that utilities and things that would have to be relocated that would conflict with the proposed streetcar track bed can be redesigned and put in the correct locations now, as well as to avoid having to -- this site was a brownfield site, and it's also an attempt to do the initial engineering. It's to avoid having to go back to the site later. Depending on how the streetcar project advances, we're working with Finance now on the package for that project. Depending on the time frame associated with that, we may or may not be coming back before you to request some additional monies for actual construction of the track bed and some other specific facilities within Midtown Miami, but this request is just for the initial engineering, so we don't have increased costs later, or preclude the City ofMiami Page 97 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 streetcar going through the Midtown Miami development. Chairman Sanchez: OK. Any questions on -- Vice Chairman Gonzalez: No. Commissioner Winton: So moved. Vice Chairman Gonzalez.: I just have to comment that I pray to God that the designer of this project, for the benefit of Midtown, is not the same designer that designed 19th Terrace and 19th Street. Ms. Conway: It's not. Chairman Sanchez: I just have a question. Vice Chairman Gonzalez: God forbid Chairman Sanchez: Is Midtown Community Development Board advertising their meetings? Are they meeting? Are they -- Ms. Conway: I believe that's a requirement, that they're -- Chairman Sanchez: It is a requirement. Ms. Conway: -- required to advertise their meetings. Chairman Sanchez: Have they had any meetings yet, and are they being -- I mean, because I've gotten some questions that -- you know, people want to know what's going on. Are they advertising their meetings, and are they having their meetings in public places? Joe Arriola (City Manager): I'll give you an answer in the afternoon. Chairman Sanchez: Well, I need to know that. Mr. Arriola: OK. Chairman Sanchez: OK? And I have another question. Didn't we already vote to commit 100, 000,000 in future dollars generated by Midtown to this development? Commissioner Allen: How much was that? Chairman Sanchez: 100, 000, 000. Linda Haskins: Linda Haskins, Chief Financial Officer. Yes, there was a -- economic incentive payments, and then eventually, there would be a tax increment financing district set aside for this Chairman Sanchez: So this -- Ms. Haskins: -- for the Midtown project. Chairman Sanchez: So this is an additional $600,000 that we're giving them? Commissioner Allen: That's right, so they have TIF (Tax Increment Fund) money, as well, City ofMiami Page 98 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 correct? Ms. Conway: What this specifically is for is that the Streetcar Feasibility Study wasn't at an advanced enough stage a year or more ago when the Midtown developers were doing the design plans for the street infrastructure, utilities and their development. Now that the Streetcar Feasibility Study has gotten to final draft stage, we're requesting that they go back and revisit those plans and make adjustments to the plans and do redesign. This is just to cover the changes and the modifications that they couldn't have done last year because the Streetcar Feasibility Study was on a different schedule track. Chairman Sanchez: All right. Any further question on the item? It's a resolution. Commissioner Winton: Did we make a motion? Priscilla A. Thompson (City Clerk): Yes. Commissioner Winton: Oh, we did? Chairman Sanchez: Yes. Commissioner Winton: OK. Chairman Sanchez: The motion has been made. Madam Clerk, could you state who made the motion and second? 1 lost track. Ms. Thompson: The maker of the motion was Vice Chairman Gonzalez and the seconder was Chair -- I'm sorry, Commissioner Allen. Chairman Sanchez: OK. No further discussion. Anyone from the public wishing to step forward and address this item? Seeing none, hearing none, public hearing is closed. No further discussion in -- from the Commission. 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 RE.3 04-01314 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4 /5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING AN INCREASE IN THE PURCHASE ORDER WITH MEF CONSTRUCTION, INC., PURSUANT TO RESOLUTION NO. 03-926, ADOPTED SEPTEMBER 11, 2003, IN AN AMOUNT NOT TO EXCEED $ 120,000, INCREASING THE PURCHASE ORDER FROM $1,595,658 TO $1,715,658, FOR ADDITIONAL WORK REQUIRED FOR THE PROJECT ENTITLED "ROADWAY REHABILITATION, B-40656;" ALLOCATING FUNDS FOR SAID INCREASE FROM CAPITAL IMPROVEMENT PROJECT NO. 313855; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, FOR SAID PURPOSE. City ofMiami Page 99 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 04-01314-worksheet.pdf 04-01314-budgetary impact.pdf 04-01314-memo.pdf 04-01314-pre resolution.pdf 04-01314-contract.pdf 04-01314-corporate resolution.pdf 04-01314-resolution.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-04-0789 Chairman Sanchez: We go to RE.3. It's also a resolution. Vice Chairman Gonzalez: I'll move RE.3, but 1 want to make sure that -- Chairman Sanchez: Well, before we get into any discussion, we need a motion. Is there a second? Vice Chairman Gonzalez: All right. Chairman Sanchez: Is there a second for the purpose of discussion? Commissioner Allen: Second. Chairman Sanchez: OK. There's a motion and a second. It's open for discussion. Commissioner -- Vice Chairman Gonzalez, you're recognized. Vice Chairman Gonzalez: You know how I feel about this project by 19th Street and 19 Terrace, you know. On top of all 1 had to put up with, I have to vote -- well, I don't have to vote. I can always vote no myself, OK, but you bringing to me -- or to this Commission a payment of an additional $120, 000 to this contractor that made my life miserable for the last nine months. Commissioner Winton: Wow. Vice Chairman Gonzalez: Not only my life, but the life of the people in my -- in this neighborhood in my district, and when I asked the question why are we paying this extra $120, 000, I was told that it was because a defect on design. The people that made the design were hired by us, right? Mary Conway (Director, Capital Improvements Projects & Transportation): Yes. Vice Chairman Gonzalez: One of these famous consultants that we hire here. All I'm hoping -- and I want to have an assurance that we're going to do everything within our power, Mr. City Attorney, to make sure that whoever made this mistake that is going to cost us -- its going to cost my district and my bond money -- an additional $20,000, will pay for those $20,000 because this sets a very bad precedent that if -- you know, we hire these companies. We pay them good money, and on top of that, they make a mistake or they don't know what they're doing, and then, on top of that, we have to pay additional monies, so you know, I'm -- Commissioner Allen: Yeah. Vice Chairman Gonzalez: -- willing to move this item, but I need to have a commitment that the City ofMiami Page 100 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 administration is going to -- and you, Mr. City Attorney, are going to follow up on this to make sure that we get this $120,000 back from the designing company or the consulting company, or whoever it is that did a bad design on this project. Ms. Conway: We will be pursuing cost recovery against the engineer of record for those costs that are associated with the design error. It's not the full $120,000 amount. It's a slightly lesser amount, but we will be coordinating with Legal to pursue cost recovery. Vice Chairman Gonzalez: All right. Chairman Sanchez.: All right. It's a resolution. Any further discussion on the item? There's a motion and a second on this resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RE.4 04-01315 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 04-0516, ADOPTED JULY 29, 2004, FURTHER AMENDED BY RESOLUTION NO. 04-0699, BY AUTHORIZING THE CITY MANAGER TO EXERCISE THE SECOND AND THIRD RENEWAL OPTIONS IN THE JOB ORDER CONTRACT WITH C.W. CONSTRUCTION, INC., PURSUANT TO THE EXISTING MIAMI BEACH BID CONTRACT 14-03/04, EFFECTIVE UNTIL MAY 25, 2005, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY THE CITY OF MIAMI BEACH, EACH IN AN AMOUNT NOT TO EXCEED $2,000,000, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $8,000,000; ALLOCATING FUNDS FROM VARIOUS CAPITAL IMPROVEMENT PROJECT ACCOUNTS, ON AN AS -NEEDED BASIS, WITH FUTURE FISCAL YEAR FUNDING, SUBJECT TO BUDGETARY APPROVAL. 04-01315-worksheet.pdf 04-01315-budgetary impact.pdf 04-01315-backup documentation.pdf 04-01315-pre resolution.pdf 04-01315-JOC.pdf 04-01315-addendums123.pdf 04-01315-a rti cle6. pdf 04-01315-table of contents.pdf 04-01315-invitation to bid.pdf 04-01315-project manual.pdf 04-01315-resolution.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: I - Commissioner Regalado R-04-0790 Chairman Sanchez: We move on to RE.4. RE.4. Vice Chairman Gonzalez: Move RE.4. Commissioner Allen: Second. City ofMiami Page 101 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Chairman Sanchez: OK. Jorge L. Fernandez (City Attorney): Mr. Chairman, the last item required four -fifth vote. I'm sure the Clerk has noted that all four Commissioners have voted. Priscilla A. Thompson (City Clerk): That's correct. Chairman Sanchez: OK. All -- it's a resolution. There's a motion and a second. Any discussion on the item? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Hearing none, motion carries, four --fifth. RE.5 04-01320 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 03-04-131, THAT THE FIRMS MOST QUALIFIED TO PROVIDE CONSTRUCTION ENGINEERING AND OBSERVATION SERVICES, TO BE USED CITYWIDE ON AN AS -NEEDED BASIS, ARE, IN RANK ORDER, THE TWENTY-THREE ( 23) FIRMS IDENTIFIED HEREIN; AUTHORIZING THE CITY MANAGER TO NEGOTIATE A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH EACH FIRM, FOR A THREE-YEAR PERIOD WITH THE OPTION, DELEGATED TO THE CITY MANAGER, TO EXTEND THE AGREEMENT FOR TWO ADDITIONAL ONE- YEAR PERIODS, IN AN AMOUNT NOT TO EXCEED $750,000, FOR EACH FIRM, FOR A TOTAL AMOUNT NOT TO EXCEED $17,250,000; ALLOCATING FUNDS FROM VARIOUS CAPITAL PROJECT ACCOUNTS, SUBJECT TO BUDGETARY APPROVAL. 04-1320-Exhibit.pdf 04-01320-exhibitA.pdf 04-01320-exhibitB.pdf 04-01320-resolution.pdf 04-01320-attachmentB.pdf 04-01320-attachmentA.pdf 04-01320-memo.pdf 04-01320-budgetary impact.pdf 04-01320-worksheet. pdf Legistar.exe Motion by Vice Chairman Gonzalez, seconded by Commissioner Allen, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-04-0792 Chairman Sanchez: RE.5. RE.5 is a resolution with attachments. Vice Chairman Gonzalez: Move RE.5. City ofMiami Page 102 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Chairman Sanchez: Are we in possession of those attachments? Mary Conway (Director, Capital Improvements & Transportation): They should have been distributed to you. We'll make sure -- we're getting them right now. Chairman Sanchez: Well, we need to put them on the record. Vice Chairman Gonzalez: Yeah. Ms. Conway.: I'd like -- Chairman Sanchez: Madam Clerk. Vice Chairman Gonzalez: Can we go back to RE.5? Chairman Sanchez: RE.5. Let's go back to RE.5. RE.5, the only concern was with the attachments, and these -- Vice Chairman Gonzalez: We have been provided the attachments by -- Ms. Conway: And I -- if I may just clari/ for the record, the three modifications that are in the attachment that you were provided, the substitute. Chairman Sanchez: Right, and this is just $750, 000 of authorizing work for each -- Ms. Conway: And again, it's simply authority. Thirteen firms were selected to assist us with construction inspection for streets projects; ten firms for parks vertical construction projects. We're requesting authority up to $750, 000 for each of those firms, but it'll be on an as -needed basis, and as we issue the task assignments, we'll provide regular reports to the Commission -- Chairman Sanchez: All right. Ms. Conway: -- so you can see the usage. Chairman Sanchez: All right. Is there a motion? Vice Chairman Gonzalez: Move RE.5. Chairman Sanchez: RE.5 is being moved by -- Vice Chairman Gonzalez: As amended. Chairman Sanchez: -- Vice Chairman Gonzalez, with the attachments. Is there a second? Commissioner Allen: Second. Vice Chairman Gonzalez: And as amended. Chairman Sanchez: And as amended. Commissioner Allen: Second. Ms. Conway: And, Chairman, if I may, I've been asked to read the three changes into the record City of Miami Page 103 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Chairman Sanchez: Yes, you will, but let's just get a second on the item. Commissioner Allen: Second. Chairman Sanchez: Is there a second? Second by Commissioner Allen, so we have a motion and a second for discussion. We'11 turn it over to you, Madam Director. Ms. Conway: The three substantive changes are as follows: In Section 10.12-2, the OSHA ( Occupational Safety and Health Administration) compliance and job site safety, language has been added to identf the contractor as the responsible party, advising that all, including these consultants, are responsible to notes the contractor of any hazardous conditions. Section A1.03, nonexclusive right, standard language was inadvertently admitted that advises the consultant does not have exclusive right to provide this -- these services, and that this contract does not preclude them from competing for other City work, and lastly, Section B5.01-1, transportation reimbursable expenses, allows the City to reimburse the consultant for vehicle mileage only for certain job classifications, identified in Schedule BI, where multiple job site visits are required, subject to the approval of the City's Project Manager and inclusion in the individual task assignment or work order. Chairman Sanchez: OK. Thank you so much. Any further discussion from the Commission? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, say "nay." Motion carries. RE.6 04-01322 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, EXTENDING THE TERM OF THE COMMUNITY REDEVELOPMENT AGENCY OVERSIGHT COMMITTEE AND THE TERMS OF EACH OF ITS MEMBERS UNTIL MARCH 15, 2005, AT WHICH TIME SAID COMMITTEE SHALL BE DISSOLVED; EXTENDING THE TIME FOR PRESENTATION OF SAID COMMITTEE'S FINAL REPORT UNTIL MARCH 15, 2005, OR AT THE FIRST CITY COMMISSION MEETING THEREAFTER. 04-01322-worksheet.pdf 04-01322-resolution.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-04-0791 Chairman Sanchez: All right. Let's go to ER.6 [sic]. It's -- Commissioner Allen: RE.6. Chairman Sanchez: I'm sorry. RE.6. It's a resolution, and basically, all it does, it extends the Community Redevelopment Agency Oversight Committee. They started late and they just want a little bit more time to catch up, so is there a motion? Vice Chairman Gonzalez.: Move RE.6. City of Miami Page 104 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Chairman Sanchez: There's a motion by Vice Chairman Gonzalez. Is there a second? Commissioner Allen: Second. Chairman Sanchez: Second by Commissioner Allen. 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. We'll get back to RE.5. RE.7 04-01353 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), BY A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S EMERGENCY FINDING, PURSUANT TO SECTION 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES FOR THE PROCUREMENT OF GOODS AND SERVICES FROM VARIOUS VENDORS LISTED ON, BUT NOT LIMITED TO, "ATTACHMENT A," ATTACHED AND INCORPORATED, FOR PAST, PENDING, AND FUTURE PURCHASES; AUTHORIZING PAYMENT OF SAID PURCHASES TO OPERATE THE INTERNATIONAL LINKS MIAMI MELREESE GOLF COURSE WITHOUT AN INTERRUPTION IN SERVICES TO THE GENERAL PUBLIC UNTIL A MAINTENANCE AGREEMENT IS PRESENTED FOR CITY COMMISSION APPROVAL AT A FEBRUARY, 2005, CITY COMMISSION MEETING, IN AN AMOUNT NOT TO EXCEED $800,000; ALLOCATING FUNDS FROM THE MELREESE GOLF COURSE GENERAL FUND ACCOUNT NO. 416000. 580285. 04-01353-worksheet. pdf 04-01353-budgetary impact.pdf 04-01353-resol utio n. pdf 04-01353-exh ibitA. pdf 04-01353-exhibitB.pdf 04-01353-exh ibitC. pdf Motion by Commissioner Allen, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0808 Chairman Sanchez: RE.7. RE.7 is also a resolution. Commissioner Allen: This is a four -fifths, isn't it? Chairman Sanchez: It's a four -fifth and we do have four. Jorge L. Fernandez (City Attorney): Mr. Chairman -- Commissioner Allen: Yeah. City ofMiami Page 105 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Mr. Fernandez: -- prior to you addressing this item, I need some time to look at some last details that we need to consider, so could you wait -- continue this item for a few -- Chairman Sanchez: All right. Mr. Fernandez: -- minutes or until -- Vice Chairman Gonzalez: Are we talking RE.7? Mr. Fernandez: -- first item this afternoon? Commissioner Allen: RE.7. Chairman Sanchez: Yes. Commissioner Allen: Yes. Chairman Sanchez: We'll -- Mr. Fernandez: RE.7. Commissioner Allen: Right. Chairman Sanchez: -- table the item to this afternoon. Mr. Fernandez: Good. Commissioner Allen: Yeah. Mr. Fernandez: Thank you. Chairman Sanchez: We move on to RE.7. Commissioner Winton, you could come back. Commissioner Winton: Thank you. Chairman Sanchez: You're quite welcome. Commissioner Winton: Be glad to stay. Go on. Ernest Burkeen: Ernest Burkeen, Director, Parks and Recreation. I have a substitute resolution for you. Commissioner Winton: What is this, RE (Resolution) what? Chairman Sanchez: Can you -- RE.7. Mr. Burkeen: Yes, sir. Thank you. Commissioner Winton: I don't have my book. Chairman Sanchez: Get our pocket items ready. Commissioner Winton: Where is -- Mr. Burkeen: This is a bid waiver for the Melreese Golf Course. When the settlement came in City ofMiami Page 106 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 June, there was not a procurement process. This will allow us to pay vendors for services and goods, until we bring back a management agreement in -- after the first of the year. Commissioner Allen: OK. Commissioner Winton: What is this item number? Commissioner Allen: So this is clearing up an outstanding issue? Mr. Burkeen: Yes. Commissioner Allen: To make it right, for lack of a better description. Mr. Burkeen: Yes. Commissioner Winton: RE what? Commissioner Allen: Yeah. Chairman Sanchez: It's a cleanup item. Commissioner Allen: Yeah. Mr. Burkeen: Correct. Chairman Sanchez: OK. Any other questions on the item? Vice Chairman Gonzalez: Yes. Chairman Sanchez: Commissioner Gon -- Vice -- I apologize. Vice Chairman -- Vice Chairman Gonzalez: I have a question. Chairman Sanchez: Gonzalez. Vice Chairman Gonzalez: I definitely have a question. How much are we spending? How much do we owe? Larry Spring (Director, Strategic Planning, Budgeting & Performance): I don't have the -- Commissioner, we don't have the figure of what we're spending. During the budget process, you appropriated a budget for Melreese of $800, 000. Vice Chairman Gonzalez: No, no, no, no. Wait a minute. No, no, no, no. You're not appropriating from the budget of Melreese. You are appropriating from the money that I, as a motion, got from the Sport and Exhibition Authority. Chairman Sanchez: MSEA (Miami Sports & Exhibition Authority), MSEA. Mr. Spring: No. This is the operating budget for Melreese. In the 2004 -- Vice Chairman Gonzalez: I know, I know, I know, but it's coming out of that money. It's coming out of the $1, 700, 000 that we got from the Miami Sport And Exhibition Authority. Mr. Spring: No. This is the operating budget of Melreese. That money from MSEA has nothing to do with this item. City ofMiami Page /07 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Vice Chairman Gonzalez: What do you mean, operating budget for Melreese. Melreese have been in bankruptcy, and Melreese hasn't been able to pay the City their debt. That's why we got the golf course back. Mr. Spring: I understand that, but during the 2004/'05 budget appropriation, you appropriated an operating budget for Melreese. Vice Chairman Gonzalez: Is this money coming from the general funds? Mr. Spring: Yes, it is. Vice Chairman Gonzalez: You're sure? Mr. Spring: I'm positive. Vice Chairman Gonzalez: All right. Commissioner Regalado: So I just have a question, so we pay 800,000 to get back the lease? Mr. Spring: No, no, no. We appropriated an operating budget -- Commissioner Regalado: No, no, no, no, no, no. On the settlement, we paid 800,000 to recuperate the lease -- Vice Chairman Gonzalez: The lease. Commissioner Regalado: -- and now we're approving another 800,000 for the operation budget. Mr. Spring: No. You -- Commissioner Regalado: Yes. Mr. Spring: No. Commissioner Regalado: Yes. Mr. Spring: No. Commissioner Regalado: 800,000 -- we pay -- City Attorney -- Madam City Attorney, did we pay $800,000 to finish the court case, and clean the court's record, and get back the lease? Julie O. Bru (Deputy City Attorney): That's correct, we paid the money as a settlement of a lawsuit, and to buy out the management agreement that was in place. Commissioner Regalado: Right. Vice Chairman Gonzalez: Exactly. Commissioner Regalado: So this is another $800,000. Mr. Spring: It's a separate 800, 000, but this 800,000 is -- has already been appropriated by this Commission. The -- it is being funded from the projected revenue source, from the golf course that we calculated, prior to the budget, and the expense side of it, so there is no additional -- City ofMiami Page 108 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 when you say additional funding, there is no additional funding. You've already appropriated -- Commissioner Allen: (UNINTELLIGIBLE), yes. Mr. Spring: -- this amount. Commissioner Regalado: No, no. Pin saying additional $800,000, so 800,000 for the settlement, plus 800,000 to operate the -- Mr. Spring: The course. Commissioner Regalado: -- course. Mr. Spring: Correct. Commissioner Regalado: OK. That's all 1 want to know. 1 mean, are we -- you projected $800, 000 of profit? Mr. Spring: Not profit. It's basically an offset operation. Chairman Sanchez: But -- Mr. Spring: 800,000 revenues offset by 800,000 of expenses. Chairman Sanchez: But some of this money's going to reimbursement for -- Mr. Burkeen: It's all for operating the golf course. Chairman Sanchez: Right. Mr. Burkeen: For goods and services. Chairman Sanchez: And maintaining it till we're able 10 put out the RFP (Request for Proposal) Mr. Spring: The RFP, correct. Chairman Sanchez: -- and take it over. Mr. Burkeen: Correct. Mr. Spring: Correct. Chairman Sanchez: Because it -- the process is going to be a long one, so we -- Mr. Burkeen: Correct. Chairman Sanchez: That's what we need to clam here. Mr. Spring: Correct. Mr. Burkeen: But it's not just $800,000. The 800,000 is for the first six months of operation and theyre'll be another six months of operation. Chairman Sanchez: So you'll be coming back again to this Commission for money? City of Miami Page /09 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Mr. Burkeen: Well, we'll be -- going to come back with a management agreement, which will have the entire budget in. Commissioner Allen: Which could be in excess of 800, 000. Mr. Burkeen: Yes. Chairman Sanchez: Yeah, but it'll come back with an agreement already. Commissioner Allen: Agreement. Chairman Sanchez: That's -- Mr. Spring: Correct. Mr. Burkeen: With an agreement. Chairman Sanchez: -- what's been holding back the process of trying to create the RFP and put it out and bring it back to this Commission. All right. Is there a motion? Commissioner Allen: I make a motion we approve. Chairman Sanchez: All right. There's a motion by Commissioner Allen -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- on the substitute item. There's a second by Vice Chairman Gonzalez. It is a resolution. Any further discussion from the Commission? Hearing none, all in favor, say " aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, say "nay." Resolution passes. Ms. Bru: Excuse me, Chairman. This is a four -fifths vote. Commissioner Allen: Oh, this certainly is. Ms. Bru: So you -- we have to -- Commissioner Allen: This is four -fifth. Ms. Bru: -- record the vote. Chairman Sanchez: Oh, Pm sorry. Commissioner Allen: Yes. Chairman Sanchez: It's a four -fifths vote based on -- OK, so -- Commissioner Allen: Right. Chairman Sanchez: -- Madam Clerk, roll call, please. There's four Commissioners -- five now - - on the dais. City of Miami Page 1I0 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Priscilla A. Thompson (City Clerk): Roll call. Commissioner Winton? Commissioner Winton: What? Commissioner Allen: This is -- Ms. Thompson: This is on RE.7. Commissioner Winton: Yes. Ms. Thompson: Thank you. Commissioner Regalado? Commissioner Winton: Yes. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Although I wish I understand what's going on, I have to vote yes because -- Ms. Thompson: Then Vice Chairman Gonzalez? Vice Chairman Gonzalez: Yeah, even though I have my concerns about, you know, this amount of money being spent and especially after I hear that this is only a portion or half a year, and they're going to come back probably hit us again for another $800,000 -- Chairman Sanchez: Well -- Vice Chairman Gonzalez: We're talking about $1,600,000 to operate a golf course that is actually not operating because nothing is happening at that golf course. That really concerns. Another thing that really concerns me, you know -- and let me tell you, we're going to have -- to work on a budget and have a tight budget because we -- this morning, we talk about not having money to pay for the rent of this -- of the Manuel Artime, for these organizations that are providing, you know, services to the needy people of the City of Miami, and here we're spending $800, 000 in six months, and potentially, we were going to be spending another $800,000 in the next six months, so I'm voting yes because we need to get it over with, but I'm going to go -- I promise you, that I'm going to go through this entire list of expenditures, item -by -item, and I will probably have a thousand questions about all the money that is being spent here. Chairman Sanchez: All right. Ms. Thompson: Commissioner Allen? Commissioner Allen: Before I vote, procedurally, could I have the Parks Director to come back up? Just a quick query. In light of what Commissioner Gonzalez has just stated, the $800,000 right now is largely for operating -- Mr. Burkeen: It's for goods -- Commissioner Allen: -- budget costs. Mr. Burkeen: -- services and -- Commissioner Allen: Right. City of Miami Page 111 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Mr. Burkeen: -- to operate the course so that you can generate some revenue to offset what you're expending. Commissioner Allen: Right, and the purpose of this resolution -- legislation is -- Mr. Burkeen: To pay off the vendors who have provided the services. Commissioner Allen: Right, because you will be making an effort to what, put it out for RFP at some time later down the road or -- Mr. Burkeen: We're going to have a management agreement comes back first -- Commissioner Allen: Right. Mr. Burkeen: -- and at some point in time, there will be another RFP that encompasses the entire Commissioner Allen: Any idea what type of revenues we would generate from this, even if a management agreement is in place? Any projections on that? Mr. Spring: Right now our rough estimate that we have, that we were generating between 1,500 and $2,000 a day, based on the history on the golf course. Commissioner Allen: And -- quantifii that in terms of -- or on a monthly basis, give or take. Mr. Spring: On a market? Commissioner Allen: On a monthly basis. Mr. Spring: On a monthly basis, you're talking 30, $40,000, give or take, including, you know, you have weekends -- Commissioner Allen: Right. Mr. Spring: -- that you have spike up, but that's the average that we had. Now, what I wanted to put on the record, if you would allow me is, as far as this '04/'05 budget .is concerned, this item is budget neutral because we projected a revenue coming in sufficient enough to cover the operating expenses for the same period. What I do want to make a commitment to is that we'll come back to the Commission individually and go over the budget and how we made our projection, the maintenance agreement that's going to be coming, that's substantially completed. The other thing is, I want the Commission to keep in mind is that, when this -- when we had the settlement, we basically, from one day to the next, here's this golf course. Regardless of whether it's making money or not, you've got to pay for the expenses, and that's kind of what we're dealing with here, so -- Commissioner Allen: I see, so there was nothing in place at the time to -- Mr. Spring: No. Commissioner Allen: Right. OK. All right. In light of that, I'll vote yes. Ms. Thompson: And then Chairman Sanchez? Chairman Sanchez: Well, talking about the history of it, I could tell you this much: This is a City ofMiami Page 112 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 bitter pill to swallow. None of us were here when this deal was done. I've been keeping abreast of this deal, which today, we are paying for the sins of the past. This was a horrible deal then; it's a horrible deal today, and what we're doing here is doing the right thing, to get out of this; get someone to come in professionally, and not only run the golf course, but also run as much as they can there, based on productivity, and make that a better deal for us. Horrible. Its -- I'm voting yes on it today, but let me tell you, it is a bitter pill to swallow. It's been one of the most bitter pills that I've had to swallow here in my six years as a Commissioner, so I'm going to vote yes. Ms. Thompson: Then the resolution modified -- because we were said -- it was said there was a substitute resolution. Ms. Bru: Yes. Ms. Thompson: The resolution -- modified resolution has been approved, 5/0. Chairman Sanchez: And I'll tel you this much: I hope that, if we've learned one valuable lesson in this City, has been to rush those types of deal that were -- and if you look at the history of it, it was power brokers by special interest groups that basically had their hands wrapped around some elected officials in the City, and years, years, years afier, look how much money this is costing us, and it's an embarrassment for the city. All right. City ofMiami Page 113 Printed on I/11/2005 City Commission Verbatim Minutes December 9, 2004 BOARDS AND COMMITTEES A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Allen, and was passed unanimously, with Commissioner Regalado absent, to defer Items BC.1 - BC. 7 to the Commission meeting in January 2005. Note for the Record: Commissioner Regalado later made an appointment to the Code Enforcement Board (Item BC.6). Chairman Sanchez: All right. Listen, we -- let me just ask my colleagues. There's no emergency in naming some of these boards. Commissioner Allen: No. Chairman Sanchez: Can we just go ahead and defer the appointments to January? Vice Chairman Gonzalez: To January. Commissioner Allen: Sure. Chairman Sanchez: I mean, we have a voluminous agenda. Commissioner Allen: Yeah. Chairman Sanchez: I do want to get some of the -- Commissioner Allen: Because I'm not ready. Chairman Sanchez: -- PZ (Planning & Zoning) items -- Vice Chairman Gonzalez: Move to defer board appointments to January -- to the meeting in January. Chairman Sanchez: All right. There's a motion to defer -- Commissioner Allen: Second. Chairman Sanchez: -- the board appointments to the January board meeting and -- Commissioner Allen: And second. Chairman Sanchez: -- there's a second. Discussion, none. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BC.1 03-0234 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE FOR A TERM AS DESIGNATED HEREIN. City of Miami Page 1/4 Primed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 APPOINTEE: NOMINATED BY: Chairman Joe Sanchez 03-0234-memo-1.doc 03-0234-members-2.pdf DEFERRED BC.2 04-01098 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 04-01098-memo-1 .doc 04-01098-members-2.pdf 04-01098-applications-3.pdf 04-01098-penelas-4.htm DEFERRED BC.3 04-01200 RESOLUTION NOMINATED BY: Vice Chairman Angel Gonzalez Commissioner Jeffery Allen Commissioner Jeffery Allen Commissioner Tomas Regalado A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chairman Angel Gonzalez Vice Chairman Angel Gonzalez Commissioner Johnny Winton Commissioner Johnny Winton Chairman Joe Sanchez City of Miami Page 115 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Gepsie M. Metellus 04-01200-memo-1.doc 04-01200-MEMBERS-2.doc DEFERRED BC.4 04-01201 RESOLUTION Chairman Joe Sanchez Commissioner Tomas Regalado Commissioner Tomas Regalado Commissioner Jeffery Allen Commissioner Jeffery Allen Mayor Manuel Diaz A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Luis Mata 04-01201-memo-1.doc 04-01201-members-2.doc DEFERRED BC.5 04-01202 RESOLUTION NOMINATED BY: Vice Chairman Angel Gonzalez Commissioner Jeffery Allen Mayor Manuel Diaz A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Jeffery Allen Commissioner Jeffery Allen City of Miami Page 116 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Chairman Joe Sanchez Chairman Joe Sanchez 04-01202-memo-1 .doc 04-01202-members-2. d oc 04-01202 - applications - 3.pdf DEFERRED BC.6 04-01216 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE CODE ENFORCEMENT BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Hugh Ryan 04-01216-memo-1.doc 04-01216-Members-2.doc NOMINATED BY: Commission At -Large 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-04-0813 A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and was passed unanimously, to appoint Hugh Ryan as an at -large member of the Code Enforcement Board. Chairman Sanchez: We have CA. I0 and RE.7 left. Commissioner Regalado: Mr. Chairman. Chairman Sanchez: Yes. Commissioner Regalado. Commissioner Regalado: Can I make an appointment to the Code Enforcement Board? I was -- I had something -- Chairman Sanchez: Yes, sir. Commissioner Regalado: -- and you delayed it. Chairman Sanchez: What -- you have the floor. Commissioner Regalado: We have one at -large, right, alternate? Priscilla A. Thompson (City Clerk): Let's make sure. City ofMiami Page 117 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Chairman Sanchez: I believe it was the Code Enforcement? Ms. Thompson: Yes, that is an at -large. Commissioner Regalado: OK. Ms. Thompson: But those -- remember now, you deferred all of the board appointments earlier today. Chairman Sanchez: Yeah, we deferred them, but I mean, if he wants to make an appointment now -- Commissioner Regalado: Yeah. Chairman Sanchez: -- I don't have a problem with it. Commissioner Regalado: I just have somebody. Hugh Ryan for Code Enforcement Board. Ms. Thompson: Hugh Ryan. Commissioner Winton.: Who? Commissioner Regalado: Hugh Ryan. Chairman Sanchez: And who are the currently at -will now? Commissioner Regalado: No. There's an open seat. Commissioner Winton: Yeah, it's an open seat. Chairman Sanchez: Oh, there's an open seat? Commissioner Winton: Yeah. Commissioner Regalado: Yeah. Chairman Sanchez: OK. There's a motion. Is there a second? Commissioner Winton: Second. Chairman Sanchez: He's president of the Shenandoah Homeowners' Association. He's an excellent person. Commissioner Winton: Oh, he is? Chairman Sanchez: He's a great guy. Commissioner Winton: Oh, great, great, great. Chairman Sanchez: All right. I highly recommend him. OK 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." He's been appointed to Code Enforcement. City ofMiami Page 118 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 BC.7 04-01338 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE HEALTH FACILITIES AUTHORITY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Johnny Winton 04-01338-memo-1 .doc 04-01338-members-2.doc 04-01338-opinion-3.pdf DEFERRED City ofMiami Page 119 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 DI.1 04-01246 DISCUSSION ITEMS DISCUSSION ITEM A DISCUSSION CONCERNING A FINANCIAL UPDATE AND A BUDGET OUTLOOK. 04-01246-cover memo.pdf DEFERRED Item DI.1 was deferred to January, 2005. Chairman Sanchez: Now, we have some discussion items. There's D -- Vice Chairman Gonzalez: We're done, right? Chairman Sanchez: D1 -- DI.I, which is a discussion concerning the financial update and budget outlook. We'll skip that one. We'11 get back to it. Chairman Sanchez: I've been informed that the -- one of the items has been deferred, and that item is the discussion concerning the financial update and budget outlook has been deferred to January. DI.2 04-01317 DISCUSSION ITEM DISCUSSION CONCERNING PROPOSED PERMIT SERVICE ENHANCEMENTS. 04-01317-cover memo.pdf 04-01317-proposed modifications.pdf 04-01317-slides.pdf DISCUSSED Direction to the City Manager by Vice Chairman Gonzalez and Commissioner Winton to form a working committee to expedite the building permitting process related to the commercial facade improvement program; said committee to include the City Attorney, the Building Department Director, directors of agencies working on commercial facade improvements and affected contractors. Chairman Sanchez requested that the process be simplified and that the public be educated of proposed changes in said permitting program through Miami Television, NET and other sources to reach out to the community. Chairman Sanchez: Discussion concerning the proposed permit service enhancement. Commissioner Winton: What item is that? Chairman Sanchez: Mr. Director, how long is that going to take? Is that the four -- five minutes? OK. Hector Lima (Director, Building): Five minutes. Chairman Sanchez: OK. Let's get it done. Mr. Lima: Hector Lima, Director of Building. A few -- a couple months ago, you asked us to City ofMiami Page 120 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 come back with a plan -- Chairman Sanchez: Right. Mr. Lima: -- to do two things: Number one, to expedite the permit process, and number two, to assist homeowners in obtaining their permits. We've submitted to you a proposal that will address those two items. We will implement immediately the exemptions of certain types of permits that are really looked at as maintenance, instead of actual work. It would be a Code Enforcement and Building joint venture to make sure that that is applied properly so that people do not exceed the exemptions, et cetera. By doing that, it will allow us to facilitate our resources better towards the major construction and other jobs that are brought to us. We also created a CD -- a PowerPoint presentation that will be available at all NET (Neighborhood Enhancement Teams) offices. It will instruct homeowners on what permits they can obtain, how they can obtain them, what kind of documents are required, et cetera. This will be through, also, like I said, through NET, and we'll coordinate to make sure that they facilitate the correct information. The other two items that we're doing is we're transferring certain permits from the construction aspect to a land improvement aspect, and those permits will be simplified because they will be issued by the Zoning Department or Zoning Office through the NET offices. In other words, those permits will be available for application at the NET offices. They will be processed at the NET offices. They will be issued at the Building Department as a land improvement permit. The reviews will be a lot less and the fees will be less also, and the last item that we are proposing is going to take a lot more because it will need space. It will need commitment from various departments where we will have a one -stop shop, and people will be able to apply for permits, apply for zoning information, obtain Certificates of Use, and obtain occupational license all in one spot, and if you have any issues or any questions, I'll be more than glad to answer them. Chairman Sanchez: Any questions on this? Vice Chairman Gonzalez: No, not on this. I think that, you know, this is great. This is going to alleviate,a big problem that we have with permits, but we also need to address -- and I would like to ask the City Manager to work on this issue. We need to solve the problem of the contractors that are doing commercial facade, and let me tell you. For the agencies that do commercial facade, it's been -- it's getting very tough because the City is demanding that they do more and more and more in order to get funding, and what happens is that once the CBO ( Community Based Organization), or the CDC (Community Development Corporation) employs or hires a contractor to do a job, they get stuck on the permitting process, so that delays the performance of the facade, the completion of the facade. As a consequence, the agency is not able to achieve the goals of you know, whatever quarter they're assigned to do, so we need to make sure, you know, if we are imposing regulations on these agencies, as far as their funding is concerned, at the same time, we have to do something to help them achieve, you know, the goal that we establish for them, so I would really appreciate it if, you know, we start working on something, some type of program, maybe something like what you're doing for all the permits, on a minor scale, could be done. Maybe schedule one day a week for the contractors that do fac ade, but we have to find a solution. Commissioner Winton: What I would suggest that you direct the Manager to do is get a couple of the agency heads together, a couple of the contractors that are doing this work, and have them meet with Hector and whoever else Hector needs to bring to the table so that they can go through real -life examples, and then -- because I really trust that Hector will come up with good solutions -- Vice Chairman Gonzalez: Definitely. Commissioner Winton: -- and if he puts the right people around the table, they will ident4 the real problems, and then they could work on solutions to solve the problem. City of Miami Page 121 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Vice Chairman Gonzalez: All right. Let's (UNINTELLIGIBLE). Mr. Lima: If may, one minute? Chairman Sanchez: Yes. Mr. Lima: Your office contacted us and we looked into it. The problem is not specifically with the facade contractors. It was in the process of the plans review. The Zoning Office has already addressed that -- Vice Chairman Gonzalez: The process of what? Mr. Lima: Of the plans review itself, the way that they were being reviewed. The Office of Zoning has addressed that item, and you should see a tremendous improvement on that, not just on facade, but on all of them. Vice Chairman Gonzalez: Well, let me tell you, I have to disagree with you that the problem is on the plan review because to do an awning recovery that we never required -- that's another thing. You know, we're asking permit from people here even to go and do groceries, you know. If you're going to go -- pretty soon, this City is going to require that if you're going to go to the grocery store to buy groceries, you need to get a permit from the City of Miami. I did facade for 15 years, my friend, and I never pulled a permit to do a recovery on an awning. Now we're requiring that the contractors pull a permit just to change the cover on the awning, not to do a structure work, just to -- Commissioner Winton: Wow. Vice Chairman Gonzalez: -- change the awning. Fine, no problem. That's what the City want, it's fine. I don't have any problem with that. Let the contractor do it, but the problem is that now these contractors are doing buildings that are very old buildings and they have the frame. Well, guess what? That frame was installed maybe 20 years ago, and the person that installed that frame 20 years ago never pulled a permit, so this new contractor that is going to do the cover of the frame needs to pull a permit for that old frame, and that -- to pull a permit for the frame require an architect to do a plan -- I mean, it's a total mess, and I don't have a problem with that . 1 don't have a problem with them complying with whatever your regulations are, but let's help them comply because that's the problem. We impose regulations and more regulations and more regulations, and we don't help people comply with the regulations, so you know, if we're going to turn this key, let's also turn this one, you know. Let's -- Mr. Lima: That replacement canvas is the one that's being transferred from Budding to a LIMP (Land Improvement Permit), to a land improvement. Vice Chairman Gonzalez: Well -- Mr. Lima: Yes, in this process. Vice Chairman Gonzalez: OK. You know, I don't want to spend all morning on this. Chairman Sanchez: All right. Vice Chairman Gonzalez: We have a long agenda. Let's get together. Commissioner Winton: Well -- City ofMiami Page 122 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Chairman Sanchez: This -- Vice Chairman Gonzalez: As -- Commissioner Winton: I would suggest -- Vice Chairman Gonzalez: -- Commissioner Winton says, I think that's a great idea. Let's get together with -- I would like to ask the City Manager to please set up an appointment with Mr. Hector Lima and two of the community based organizations' executive directors, and a couple of contractors from different trades. I will suggest maybe one from awnings and one from signs, and another one from painting, or whatever, so they can sit down with Mr. Lima and see if they can come up with a plan that can, you know, expedite this process -- Commissioner Winton: And I would -- Vice Chairman Gonzalez: -- and these people can achieve their goals. Commissioner Winton: And 1 would suggest that the Manager bring anyone else to the table from the City's standpoint that might be able to help with the problem, and that may even be somebody from the City Attorney's Office, because while you're saying you don't have a problem with somebody having to do all this stuff --1 mean, if you want to replace -- suddenly replacing an awning that we're going to give them a violation for because their awning's ragged, suddenly that goes from replacing simply the canvas -- Vice Chairman Gonzalez:: Right. Commissioner Winton: -- to tearing the whole damn thing down and starting over, which they don't have the money to do, and I mean, it's not rational. Vice Chairman Gonzalez: Of course not. Commissioner Winton: I mean, it may be in the Code some way or another, but isn't rational. I mean, it's -- you got one thing in conflict with the other thing, and so we're trying to create incentives for people to upgrade their properties, and the next thing you know, if we're penalizing them every time they turn around and they look at us, they got a new -- it's going to cost them ten times as much just because they looked at us, they're not going to look at us anymore. They're going to do all of this work in the middle of the night, and they're going to do all of it on weekends, and we're not going to get anything solved. Vice Chairman Gonzalez.: That's correct. All right. Chairman Sanchez: Yeah. Vice Chairman Gonzalez: Thank you, Mr. Chairman. Chairman Sanchez: But also, it's simpl wing the process -- Vice Chairman Gonzalez: Simplifying the process. Chairman Sanchez: -- which is what these four phases do. Mr. Lima: Exactly. Chairman Sanchez: Simpldy the process. City ofMiami Page 123 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Mr. Lima: Right. Chairman Sanchez: Let me ask -- let me make one more suggestion as to something. Commissioner Winton: I got to go. Chairman Sanchez: We need to work with all the resources that we have to make sure that everyone out there is aware of these changes and of these initiatives that we've taken place. In other words, we need to put this out on Net-9. We need to work through the NET offices to assure that the changes that have been made people are aware, and I -- you know, I'll leave it up to you, as the director, to come up with ways to reaching out everyone who's out there who's going to make some improvements to their home now and may not want to do it because, in the old way, it was very complicated, but through these changes, we simplify the process in a way where they'll feel comfortable. I'll tell you what these changes do. These changes are going to get people to do things with permits. Vice Chairman Gonzalez: Right. Mr. Lima: Exactly. Chairman Sanchez: Because in the old ways, you wouldn't get anybody to go in and get a permit to change a toilet, or to do a minor repair in the house, so now by simpl wing the process, I think it's a step in the right direction, but we need to make sure that people are aware that we're doing this, so thank you so much. DI.3 04-01318 DISCUSSION ITEM DISCUSSION CONCERNING CIP MONTHLY STATUS REPORT. 04-01318-cover memo.pdf 04-01318-memo.pdf DISCUSSED Chairman Sanchez: Next item. I believe -- can we take something out of order? The CIP ( Civilian Investigative Panel) monthly report. Janet McAliley is here, and I believe she's got to go somewhere. I believe you're going to be a grandmother? Janet McAliley: I am. My daughter-in-law and son are in the process right now, and I'm anxious to go -- Chairman Sanchez: All right. We'll get you out of here as quickly as possible. Ms. McAliley: -- over there. This is a very -- Chairman Sanchez: I apologize. I did not know. Ms. McAliley: -- quick report. Chairman Sanchez: Well, let me ask the Commission if they would allow me to take that item out of -- Commissioner Allen: Oh, sure. Yeah. Chairman Sanchez: -- order. Thank you. OK. Ms. McAliley: Thank you. City of Miami Page 124 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Chairman Sanchez: Can we go to your item, which is the CIP monthly report? Ms. McAliley: Monthly report, yes. Chairman Sanchez: Yes. Ms. McAliley: Thank you so much, Commissioners. My name is Janet McAliley. I am vice chair of the Civilian Investigative Panel. Our chair, Larry Handfield, had to be in court today, and so I am bringing you our monthly report. We are forging ahead with the preliminary report on the FTAA (Free Trade Area of the Americas). We are still awaiting the operational plan for -- from the Police Department. We are interviewing for a vacancy on our panel after -- because of the resignation of Reverend Richard Dunn, and we are also interviewing for our independent legal counsel, and we hope to have recommendations to you in January for both of those positions. The National Association of Civilian Oversight of Law Enforcement Conference will be held in Miami in October of 2005. It will be at the Biscayne Marriott Hotel. Each of you will, and the Mayor, will receive invitations, and we hope that you will participate with us. That's about it. We are working on a lot of things administratively, and we hope to have a lot more accomplished next year when we have all of our people in place. Chairman Sanchez: Any questions? If not, I believe you have -- Commissioner Regalado: Question. Chairman Sanchez: Yes. Commissioner Regalado: Doctor, just one question. Besides the administrative matters and all the things that you've been dealing with, are you listening to cases of actual -- Ms. McAliley: We have not yet had a case come before the CIP because we have just gotten our investigators. They had training to go and they are now receiving cases to investigate, but we have not yet had the opportunity to review any of those cases. All of us are frustrated by that. Commissioner Regalado: But you have a waiting list? Ms. McAliley: We have, I believe, 67 cases that have come in connected with the FTAA, and other matters since we have been convened. Ms. Richardson, our executive director, has exact numbers, I hope. Shirley Richardson: Shirley Richardson, Executive Director, Civilian Investigative Panel. We have a total of FT -- 18 FTAA-related complaints in the office. Chairman Sanchez: 18? Ms. Richardson: 18, and 67 other complaints, for a total of just over 80 active cases that we're ready to assign investigators, and once those investigations have been concluded, they will be based upon referral, and we're waiting on independent counsel to be hired to do that. Right now, we're utilizing part-time counsel, and as you know, that's kind of hard to deal with when you need information on a daily basis, as well as our Chief Investigator position, which we'll be interviewing -- I'm sorry, reviewing each of those cases prior to and making the recommendations to myself for them to go and be heard before the panel, so we anticipate that process to be well underway and ongoing by February. Vice Chairman Allen: OK. Chairman Sanchez: Thank you, Shirley. Thank you, Janet. City ofMiami Page 125 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Ms. McAliley: Thank you very much. Chairman Sanchez: Thank you so much. Vice Chairman Allen: Thank you. Chairman Sanchez: That concludes that item, which was just a discussion item. DI.4 04-01295 DISCUSSION ITEM DISCUSSION AND POSSIBLE RESOLUTION REGARDING A POSSIBLE SETTLEMENT IN THE MATTER OF NATIONAL ADVERTISING V. CITY OF MIAMI. (BILLBOARD LITIGATION) 04-01295-email.pdf DEFERRED A motion was made by Commissioner Allen, seconded by Vice Chairman Gonzalez, and was passed unanimously, with Commissioners Regalado and Winton absent, to defer Item DI.4 to the January 2005 Commission meeting. Chairman Sanchez: And we have one more item, which is DI.4, which is a discussion item. Discussion and possible resolution regarding a possible settlement in the matters of National Advertising versus the City of Miami. Those are the billboard litigation, and we want -- Jorge L. Fernandez (City Attorney): And that item is not ready for consideration. The -- Chairman Sanchez: It is not either? Mr. Fernandez: No. Chairman Sanchez: So let's go ahead and make a motion to defer the item to January -- Mr. Fernandez: Please. Chairman Sanchez: -- if there's -- Mr. Fernandez: Please do. Chairman Sanchez: OK. Is there a motion to defer the item to January? Commissioner Allen: Yes. I make a motion to defer the item. Vice Chairman Gonzalez: I second it. Chairman Sanchez: There's a motion and a second to defer DI.4 to January. All in favor, say " aye. ' The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." City ofMiami Page 126 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 City ofMiami Page 127 Printed on 1/11/2005