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HomeMy WebLinkAboutCC 2005-03-10 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us Verbatim Minutes Thursday, March 10, 2005 9:00 AM REGULAR City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Joe Sanchez, Chairman Angel Gonzalez, Vice Chairman Johnny L. Winton, Commissioner District Two Tomas Regalado, Commissioner District Four Jeffery L. Allen, Commissioner District Five Joe Arriola, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City Commission Verbatim Minutes March 10, 2005 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PA - PERSONAL APPEARANCES M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS PH - PUBLIC HEARINGS EM - EMERGENCY ORDINANCES SR - SECOND READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM City of Miami Page 2 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Vice Chairman Gonzalez, Commissioner Winton, Chairman Sanchez, Commissioner Regalado and Commissioner Allen On the 10th day of March, 2005, 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 by Chairman Joe Sanchez at 9:38 a.m., with Commissioners Allen and Winton absent, recessed at 1:01 p.m., reconvened at 3:13 p.m., and adjourned at 3: 59 p.m. Note for the Record: Commissioner Allen entered the meeting at 9: 40 a.m. and Commissioner Winton entered the meeting at 9:44 a.m. ALSO PRESENT: Joe Arriola, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk Sylvia Scheider, Assistant City Clerk PRESENTATIONS AND PROCLAMATIONS PR.1 05-00219 CEREMONIAL ITEM Name of Honoree Presenter Protocol Item Willie Hayward Mayor Diaz Commendation MAYORAL VETOES 05-00219-cover page.pdf 05-00219-protoco I. pdf DEFERRED NO MAYORAL VETOES Chairman Sanchez: Well, let me just state for the record also that there are no mayoral vetoes, and once again, any items deferred today will roll over into the next regular agenda meeting. Any PZ (Planning and Zoning) items that are deferred will roll over into the next PZ agenda, stated that for the record under the advisement of the City Clerk. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Regular Meeting of July 9, 2002 Motion by Commissioner Allen, seconded by Vice Chairman Gonzalez, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen Regular Meeting of February 10, 2005 Motion by Commissioner Allen, seconded by Vice Chairman Gonzalez, to APPROVE PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton City of Miami Page 3 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Chairman Sanchez: So we need a motion to approve the following minutes: the regular meeting on July 9, 202 [sic]. Need a motion. Commissioner Allen: So move. Vice Chairman Gonzalez: Second. Chairman Sanchez: There's a motion by Commissioner Allen, second by Vice Chairman Gonza lez. 1t 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 unanimously. We also need a motion to approve the regular meeting of February 10, 205 [sic]. Is there a motion? Vice Chairman Allen: So move. Chairman Sanchez: There's a -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- motion by Commissioner Allen, 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." ORDER OF THE DAY Chairman Sanchez: Take this opportunity to welcome you to our City Hall. Pleasure to have you here as we go through the agenda today. The meeting is being held here at the historical City Hall, 3500 Pan American Drive. We do have a very light agenda today. We'll go ahead and go into the invocation and then the pledge of allegiance, followed by presentations and proclamations that'll be presented today, so at this time, if you could rise and bow your heads as we pray. Invocation and pledge of allegiance. Chairman Sanchez: Before we proceed, let me just state that any person who acts as a lobbyist, pursuant to our City ordinance, must register with the City Clerk before lobbying in front of this Commission, any of the boards, or any of the committees set forth by this Commission. Also, we ask that any person making slanderous remark or who become boisterous while addressing this Commission will be politely and respectfully asked to leave. Any person who seeks to address this Commission may step up to the mike, and before doing that, must register with the City Clerk . Anyone interested in obtaining an agenda, they could do so five days before the Commission meeting through the City Clerk's Office. At this time, I believe that we have a presentation, I believe. 1 believe the Mayor has a presentation to Willie Hayward, Mr. Mayor. Commissioner Allen: Is Mr. Hayward here? Is he here? Commissioner Winton: Who? Chairman Sanchez: Is Willie Hayward here? City ofMiami Page 4 Printed on 3,28/2005 City Commission Verbatim Minutes March 10, 2005 Mayor Manuel A. Diaz: No, he's not. Commissioner Allen: He's not? Chairman Sanchez: He is not? Mayor Diaz: No. He got called to jury duty. Commissioner Allen: Oh. Chairman Sanchez: Oh, OK. CONSENT AGENDA CA.1 05-00103 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH RECREATIONAL DESIGN AND CONSTRUCTION, INC., FOR COMPREHENSIVE CONSTRUCTION AND DESIGN SERVICES FOR THE LITTLE HAITI PARK SOCCER AND RECREATIONAL FACILITIES, PROJECT NO. B-38500 UNDER A DESIGN -BUILD PROCESS IN AN AMOUNT NOT TO EXCEED $5,154,911; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 331412 ENTITLED "LITTLE HAITI PARK LAND ACQUISITION AND DEVELOPMENT" UNDER THE HOMELAND DEFENSE NEIGHBORHOOD IMPROVEMENT BOND PROGRAM. City gfMiami Page 5 Printed on 3i28/2005 City Commission Verbatim Minutes March 10, 2005 05-00103-exhibitl . pd f 05-00103-exhibitl A.pdf 05-00103-exhibitl B.pdf 05-00103-exhibitl C&D.pdf 05-00103-exhibitl E.pdf 05-00103-exhibitl F.pdf 05-00103-exhibitl G.pdf 05-00103-exhibitl H.pdf 05-00103-exh i bit l l .pdf 05-00103-exhibitl J. pdf 05-00103-ex h i b i tA. pd f 05-00103-exhibitl K. pdf 05-00103-exhibit sectionl.pdf 05-00103-exhibit section2.pdf 05-00103-exhibit section3.pdf 05-00103-exhibit section4.pdf 05-00103-exh ibitB. pdf 05-00103-exh ibitC. pdf 05-00103-exh ibitD. pdf 05-00103-exh i bitE. pdf 05-00103-exhibitF.pdf 05-00103-exh ibitG. pdf 05-00103-exhibitH.pdf 05-00103-exhibitl. pdf 05-00103-exhibitJ.pdf 0 5-0010 3-ex h i b i t K. p d f 05-00103-exhibitL.pdf 05-00103-summary form. pdf 05-00103-pre resolution.pdf 05-00103-resolution.pdf Motion by Commissioner Allen, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0149 Chairman Sanchez: And now well go for the purpose of discussion. We'll start with CA.1. Commissioner Allen: Yes. Chairman Sanchez: And 1 believe that -- Commissioner Allen: Mr. Chairman. Chairman Sanchez: -- it was -- Commissioner Allen: Yes. Chairman Sanchez: -- Commissioner Allen who requested that. Commissioner Allen: Yeah, Mr. Chairman. This will be a quick discussion. Is Madam Conway available? I'm sorry, yes. City of Miami Page 6 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Chairman Sanchez: Are we waiting for someone on -- Commissioner Allen: Yes. Ms. -- Joe Arriola (City Manager): (UNINTELLIGIBLE). Chairman Sanchez: OK. Commissioner Allen: Ms. -- Madam Conway. Chairman Sanchez: Well, I'll tell you what, let's go to CA.3, and then we'll come back to CA.1. Commissioner Allen: Right. Chairman Sanchez: CA.1. CA.1. Commissioner Allen: Yeah. Chairman Sanchez: Madam Director, you're recognized. Commissioner Allen: Yes. Mr. Chairman, if 1 may. Chairman Sanchez: Yes, sir, Commissioner Allen. Commissioner Allen: Madam Conway, just two quick questions on the issue. Could you, if you will, explain for the record, with respect to Little Haiti, there is two components to this, that is, a recreational component part, and I guess the entertainment component part. This deals largely with the recreational component for the record because the Little Haiti community is concerned with this. It's long overdue, so could you expound on two issues: One, the sort of minority participation that's included in this and the monitoring process, and also, if you will, some level of a timeline to see if we're beyond any conceptual stage, and where are we now in terms of actual construction or the -- Mary Conway (Director, Capital Improvements Projects & Transportation): Certainly. Commissioner Allen: -- final design stage and the like. Ms. Conway: Certainly. Mary Conway, Capital Improvements and Transportation. The item that's before you today is for the design and construction of the recreational component of the park only, which is the soccer fields and the associated building improvements. As far as minority participation, Attachment C to this contract establishes a minimum goal of 20 percent for the usage of local City of Miami firms, as well as minority and disadvantaged firms. The contractor expects more than likely to be able to exceed that minimum goal. The reporting will be tracked on a monthly basis in conjunction with the invoices that are submitted by the contractor, and I would envision that the CIP (Capital Improvements Projects) office would be reporting back to the Commission on a quarterly basis, not just on this contract, but on the job order contracts and all of the contracts regarding the issues we've discussed before, which is use of local City of Miami firms, disadvantaged firms, as well as local hiring. Commissioner Allen: Great. Thank you. Ms. Conway: As far as the timetable for the project, we expect to be able to begin demolition and site clearing by late May, early June of this calendar year, and we expect, by February or March of next year, to have the soccer field portion of the project fully completed. Now there is another element associated with the church building that is on a slightly different timeline City o[Miami Page 7 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 because of the court's decision to allow extended possession, depending on whether that extended possession is six or twelve months. We envision if it's six months, having that building completed by December of next year, December of '06. If it's extended to 12 months, then we'll see a six-month deferral on the construction completion. Commissioner Allen: Thank you, madam. Mr. Chairman, I move the item, CA.1. Chairman Sanchez: OK. There's a motion on -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- CA.1 by Commissioner Allen. There's a second by Vice Chairman Gonza lez. Commissioner Winton: Comment. Chairman Sanchez: CA.1 now is under discussion. Anyone wishing to discussion this item? Commissioner Winton. Commissioner Winton: It isn't specifically this item, but it relates to the same issue, and that is the new park in Little Haiti that we're all very supportive of but I remember talking to someone on staff and then reading in the paper recently this whole -- our decision to bulldoze the -- Ms. Conway: Caribbean Marketplace. Commissioner Winton: -- Caribbean Marketplace building, and I had heard it by rumor and asked someone on staff probably a month ago, and I really didn't focus. I heard the answer. I said, OK, and didn't pursue it, but then I read the newspaper article again and I understand both sides of this issue, but 1 think that I would say, Mr. Manager, that the argument that we've developed that says that you really can't save the building because it doesn't blah, blah, blah, blah, blah, blah, blah are the -- Mr. Arriola: No. Let me -- I'll talk about it. Commissioner Winton: -- is this -- is the same argument that all the developers made -- Mr. Arriola: No, sir. It has nothing to do with that. Commissioner Winton: Hold on -- relative to South Beach, and 1 remember very clearly. When Miami Beach lifted their building moratorium in 1985 or 1986, all the development community said, "You can't save these buildings. They're all falling down. We need to bulldoze these buildings and we'll build new stuff. " Thank God it didn't happen, and I'm not the great preservationist of the world, but the fact of the matter is that without the preservation movement, South Beach, Miami Beach would be nothing today, I'm convinced, had the preservationists not fought hard to save those buildings, and the Caribbean Marketplace building, I think, fits that same kind of category. That is a -- Mr. Arriola: It does not. Commissioner Winton: -- cool building. No, no. It doesn't fit the technical part of historic. Mr. Arriola: I would like to explain this because I've had many meetings on this thing. First of all, what you're talking about Miami Beach, those were great buildings. People used them for 30, 40, 50 years and they were of great consequence to the Beach. They were abandoned and brought back to life. This is a building that was only open for less than three years because they City of Miami Page 8 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 built it incorrectly. It was useless after three years of being built, and it's been closed for 15 years because we cannot do a thing with it. Commissioner Winton: It didn't have parking. Mr. Arriola: No, sir. It has nothing to do with parking, absolutely nothing to do with parking. If you go to that building, that building is as useless as anything you've seen in your life. It was made as an open marketplace; useless because nobody goes to an open marketplace in June, July, August, you know, ten months out of the year because people were dying of the heat, especially with a metal roof number one. Number two, let me tell you where this whole thing starts. We went to the community six, seven or eight times and we told them we were going to tear it down; people were delighted. Here comes Mr. Pawley. Mr. Pawley comes in and he asked me specifically that he would endorse the demolition of the building because he also agrees that this building is as worthless as any building he's ever built in his life, with the one condition, that 1 give him the contract for the whole park. To avoid problems, we agreed -- this is when Commissioner Teele was here -- that we were going to give him the design of that particular corner. Mr. Pawley came back to me and says, "Ifl don't get it all, I'm going to make sure that this project doesn't happen," so you don't have the whole story; I have the whole story. This is nothing but extortion and blackmail from Mr. Pawley. He knows that the building is worthless. It will cost us over $5, 000, 000 to restore this building to some kind of use, not a good one, but to make a sort of use, a kind of a little use. Meanwhile, while we're doing the new program, we're building a very similar building with the same structure and the same -- Commissioner Allen: Right. Mr. Arriola: -- look, the same everything -- Commissioner Allen: Exactly. Mr. Arriola: -- that is going to be an absolute centerpiece for the community. The only two good things about this building that exist today are the two towers. Commissioner Winton: Right. Mr. Arriola: We're taking the two towers and we're using that structure of the two towers as part of the redevelopment, but what happens is, again, you read the Herald and I've told you, yo no creo le que dice El Herald (comments in Spanish not translated). The Herald is absolutely wrong again in this story because this is nothing but a blackmail and extortion -- Commissioner Allen: Right. Mr. Arriola: -- from Mr. Pawley, and Mr. Pawley, I've asked him to come to my office and look me in the eye and tell me different, and obviously, he hasn't done that, and I publicly will say it, he's extorting the community. He's lying to the community and this guy is never going to get involved in anything in the City because he's nothing but a blackmailer. Commissioner Allen: Right. Commissioner Winton: Well, and I would say -- Chairman Sanchez: All right. Commissioner Winton: -- to the Miami Herald, they're my only -- they're one of my primary sources of news, so you know. City of -Miami Page 9 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Vice Chairman Gonzalez: Johnny, I will teach you Spanish. Commissioner Winton: I have to read it. Commissioner Allen: You need to -- Chairman Sanchez: You know, every week, we bash the Herald here, you know. Commissioner Allen: He needs to read El Nuevo. Chairman Sanchez: All right. Come on. We've got to go. Commissioner Allen: But -- Chairman Sanchez: We've got to move on. Commissioner Allen: Yeah, but yeah. Chairman Sanchez: OK. Any -- Commissioner Allen: I think they're doing a good job, Mr. Chairman, if I may. They're going to keep some of the remnants of the Caribbean Marketplace, so that's going to -- Commissioner Winton: Yeah. Commissioner Allen.: -- mesh with the -- Ms. Conway: Yes. Commissioner Winton: Absolutely. Commissioner Allen: -- recreational phase, so it's going to be a seamless process, and so forth. At least we'll get some maximum use out of that area now at this point, so I want to thank you Mary Conway and Mr. City Manager, as well. Thank you. Chairman Sanchez: All right. Any further discussion on CA. 1? I believe there's a second. There's a motion and a second. Priscilla A. Thompson (City Clerk): Correct. Chairman Sanchez: OK. It is a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion passes unanimously. Thank you. CA.2 05-00104 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH RECREATIONAL DESIGN AND CONSTRUCTION, INC. FOR COMPREHENSIVE CONSTRUCTION AND DESIGN SERVICES FOR THE GRAPELAND HEIGHTS PARK PROJECT -PHASE I, B-60496, UNDER A DESIGN -BUILD DELIVERY METHOD FOR A TOTAL AMOUNT City of Miami Page l0 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 NOT TO EXCEED $7,000,000; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT ("CIP") NO. 331419, IN AN AMOUNT NOT TO EXCEED $1,975,000; FROM CIP NO. 333138, IN AN AMOUNT NOT TO EXCEED $3,025,000, AND FROM CIP NO. 311711, IN AN AMOUNT NOT TO EXCEED $2,000,000, UNDER THE HOMELAND DEFENSE NEIGHBORHOOD IMPROVEMENT BOND PROGRAM, FOR SAID PURPOSE. 05-00104-Exhibitl .pdf 05-00104-ExhibitA.pdf 05-00104-ExhibitA sectionl.pdf 05-00104-ExhibitA section2.pdf 05-00104-ExhibitA section3.pdf 05-00104-ExhibitA section4.pdf 05-00104-Exh ibitB. pdf 05-00104-Exh ibitC. pdf 05-00104-Exh ibitD. pdf 05-00104-Exh i bitE. pdf 05-00104-ExhibitF.pdf 05-00104-ExhibitG.pdf 05-00104-Exh ibitH. pdf 05-00104-Exhibitl.pdf 05-00104-Exh ibitJ. pdf 05-00104-ExhibitK.pdf 05-00104-ExhibitL.pdf 05-00104-summary form.pdf 05-00104-pre resolution.pdf 05-00104-work order proposal.pdf 05-00104-resolution.pdf ADOPTED R-05-0137 Direction to the City Manager by Vice Chairman Gonzalez to schedule a presentation at the next Commission Meeting on the proposed water park and on the background and experience of Recreational Design & Construction, Inc. ('RDC'), the lead contractor for said water park. Chairman Sanchez: That takes care -- I believe we have CA.2, Commissioner Gonzalez. Vice Chairman Gonzalez: Yeah. On CA.2, I would like to instruct the Manager to -- first of all, on CA.2, we have $7,000,000, that includes the comprehensive design -build service, and this will include the design of the water park, supposedly? Joe Arriola (City Manager): Yes. Vice Chairman Gonzalez: If there is no changes from here until they decide to begin construction. I will like to ask the City Manager to please do a presentation of the water park for the entire Commission, and also a presentation of the background experience and past projects of the company designated to do this project. Thank you. Chairman Sanchez: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Oh, there's no action? I'm sorry. City ofMiami Page II Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 CA.3 05-00113 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), OFFICIALLY ACCEPTING THE MIAMI-DADE COUNTY CERTIFICATION AND DECLARATION OF THE RESULTS OF THE CITY OF MIAMI SPECIAL ELECTION STRAW BALLOT QUESTION ASKING WHETHER MIAMI-DADE VOTERS SHOULD ELECT THE TAX ASSESSOR INSTEAD OF APPOINTMENT BY THE MIAMI-DADE MANAGER, HELD ON MARCH 8, 2005. 05-00113-cover memo.pdf 05-00113-resol ution. pdf CONTINUED A motion was made by Commissioner Allen, seconded by Commissioner Regalado, and was passed unanimously, to continue item CA.3. Chairman Sanchez: CA.3, who pulled -- Jorge L. Fernandez (City Attorney): Mr. -- Commissioner Allen: Oh, here she is. Here she is. Commissioner Regalado: 1 did. Commissioner Allen: Mr. Chairman. Chairman Sanchez: OK. Commissioner Allen: Here's Mary. Chairman Sanchez: But before we go -- we're going (UNINTELLIGIBLE). Commissioner Allen: Yeah. Chairman Sanchez: CA.3, Commissioner Regalado or -- Commissioner Regalado: OK. The reason that I asked to be pulled is that we cannot accept the results of the straw ballot because we don't have the straw ballots result, and maybe the City Attorney can tell us the timeline for the appeal on the matter of a person trying to get this item off the ballot before the elections. My understanding is that the County Attorney had instructed the Supervisor of Elections to keep all the votes until the Court of Appeals decides what is next. I can tell you that we did and one media outlet did an unofficial poll in the Latin community on this item on March 8, and on the Latin vote, the people that went to vote personally on the 8th, 71 percent of the voters voted yes on this item, even though the suit had a chilling effect on the voters, and some voters feel that they were disenfranchised when a suit was filed. In fact, there are three voters who did not go to vote because they thought that the question was not on the ballot, and they're waiting for the outcome of the appeals court to sue the person that presented this legal case in the City of Miami, so I just want to know, Mr. City Attorney, the timeline. Chairman Sanchez: Before we go to the City Attorney, why don't we have the City Clerk, whose responsibility and its her scope of duty to explain this a little better. Madam Clerk. Priscilla A. Thompson (City Clerk): That portion which I can explain only has to deal with the actual ballots because we were there, and under the -- with instructions given to us by our City City o[Miami Page 12 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Attorney, we made sure that the ballots were secured so that at -- when the outcome of this litigation is taken care of, if it is a count to be done, they will be done, but the ballots -- any ballots that were cast, absentee, on the iVotron, whatever means, they are secure and waiting for the outcome of the litigation. Chairman Sanchez: Mr. City Attorney. Mr. Fernandez: And with regard to the litigation, we are already in the appellate courts, and they have given us an expedited schedule, which means that, in the next week, week and a half, we will be filing our briefs and the responding party, the -- will have 20 days to reply. Hopefully, within a month and a half or two, at the outside, we should have a determination by the appellate courts. On the limited issue on which this election or the results of the elections have been withheld counting, is whether the ballot language was clear enough, and the opinion of the circuit court judge who ruled against the City, the word "straw ballot" are not clearly -- are not sufficiently clear to give the voters an understanding of what they were voting on. The judge suggested that the ballot language should have included additional redundant language to the extent that this is straw ballot and the straw ballot has no binding legal effect, you know, and just repeat or redefine over again on the ballot language itself what a straw ballot is. It's an interesting point. There is no case precedent in the state of Florida with regard to throwing a straw ballot off the ballot, but we will see what the appellate courts have to say about that. Chairman Sanchez: And the proper action here is to continue to defer the item till this is resolved in the courts? Mr. Fernandez: Correct. Commissioner Winton: Well -- Chairman Sanchez: OK. Mr. Fernandez: It is. Commissioner Winton: Mr. Chairman. Chairman Sanchez: Commissioner Winton, you're recognized. Commissioner Winton: When this issue came up -- and I supported Commissioner Regalado in terms of putting this issue on a straw ballot -- the idea of us going to court, which costs us money, costs us legal time -- 1'm assuming we're doing this internally. Mr. Fernandez: Yes, we are. Commissioner Winton: We have a lot of issues that we have to deal with from a legal standpoint, and 1 didn't vote to go to court. 1 voted to place an item on a straw ballot. I didn't vote for us to go to any court over any issue, and personally, I'm not in favor of appealing. I'm not in favor of going to court. I'm not in favor of spending a dime on legal issues tied to this straw ballot question, so I don't know how the idea that we're going to spend real money appealing a straw ballot question -- I don't know how that got there, so Mr. Chairman, I don't know -- and I'm perfectly willing or -- Mr. City Attorney, I'm perfectly willing to introduce a resolution that may not get a second, but I am not in favor at all of spending one dime through the court system, clogging up the court system, spending our lawyer's time on a straw ballot issue, so how did we get to the point where we -- Commissioner Allen: Mr. -- City of Miami Page 13 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Mr. Fernandez: Well -- Commissioner Winton: -- decided to go to court? Mr. Fernandez: The way we go there is that every time this Commission makes a decision, takes action, the assumption that is always made -- Commissioner Winton: OK, that's good. Mr. Fernandez: -- is that its a decision of this Commission that must be upheld and defended if challenged Commissioner Winton: OK. Mr. Fernandez: We only come to you with requests to authorize us to engage in litigation when we affirmatively sue -- Commissioner Winton: Yeah. Mr. Fernandez: -- someone, but when someone is suing us in defense of a position this Commission has taken, it is an automatic -- Commissioner Winton: Got it. That's a good answer and I understand that completely, and I think that is the appropriate thing to do, but I don't want us to go further. I don't want us to spend another dime, so I guess I would introduce a resolution -- again, it may not get a second -- but introduce a resolution that stops all litigation relative to this whole question of a straw ballot issue. Chairman Sanchez: All right. There is a motion on the table. Is there a second? Commissioner Allen: I'm sorry, yes. This is with respect to Ms. -- Commissioner Winton's motion. Chairman Sanchez: We need a second for the purpose of discussing the item. Commissioner Allen: Yeah, I'll second for discussion, yes. Chairman Sanchez: OK. There is a second for the record, and the second was made by Commissioner Allen -- Commissioner Allen: Right. Chairman Sanchez: -- for the purpose of discussion. Commissioner Allen, you're recognized. Commissioner Allen: Yeah. If understand my ranking member, Commissioner, you did say that you don't feel that we should pay fees to advance this cause in any way, shape or form. Let me also turn to Mr. City Attorney. Commissioner Winton does bring up a pretty interesting concern of mines. What's the objective here? Couldn't we just simply have the folks go back as opposed to pursuing this in court? I would assume you -- your plate is pretty full at this point now. I mean, what's the objective that we're trying to achieve here? Mr. Fernandez: I have no particular objective, but to follow the directives -- Commissioner Allen: Right. (* ofMiami Page 14 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Mr. Fernandez: -- of this Commission. This Commission voted this item -- Commissioner Allen: Right. Mr. Fernandez.: -- 5/0, whether you had -- Commissioner Allen: We did. Mr. Fernandez: -- voted 5/0 or 3/2, it's immaterial really, but it is in defense of a position that this Commission took, and the courts have struck it down. Commissioner Allen: Right. Mr. Fernandez: Filing an appeal of that is the natural thing to do. Commissioner Allen: Right. Mr. Fernandez.: This board may choose to direct me to drop the appeal, or absent any vote of this board, I will continue to appeal. The internal resources of my office are being used. Yes, we cost you money, but it's not -- we are not going to outside counsel. It's being handled. It's a very limited issue. It's not a gigantic constitutional debate. It's -- it can -- it's something that can be done with relatively little resources utilized; it's not a major thing. I would estimate that, you know, the cost to us, you know --1 haven't been asked, but I will wait until I'm asked to give you - Commissioner Allen: Labor costs, primarily. Commissioner Winton: OK, I'll ask. Commissioner Allen: Yeah, OK. Chairman Sanchez: Wait. Commissioner Allen: Labor costs. Commissioner Winton: Estimated cost? Mr. Fernandez: It's -- you're looking at spending a good -- an additional -- I would say an additional 40 hours in terms of perfecting the appeal, going to the argument, if argument is provided, and the like. I would say between 20 to 40 hours of one attorney's time, it would translate to maybe two or three days -- Commissioner Allen: OK, so that's -- Mr. Fernandez: -- maybe, at most. Commissioner Allen: So that's pretty negligible in terms of the -- Mr. Fernandez: Yes. Commissioner Allen: -- time and labor. Mr. Fernandez: In my opinion, it is. Commissioner Allen: All right. City or Miami Page 15 Printed on 3/28i2005 City Commission Verbatim Minutes March 10, 2005 Commissioner Winton: 1 don't think 40 hours, the last time I checked, isn't two or three days; that's five. Forty hours is one work week. Chairman Sanchez: Well, you're not an attorney. Commissioner Winton: So anyhow -- so -- Commissioner Allen: Well -- Mr. Fernandez: Not for lawyers. For lawyers -- Chairman Sanchez: We're not an attorney. Commissioner Winton: Yeah. That's lawyer math, 1 guess, huh? Chairman Sanchez: Yeah, that -- Commissioner Regalado: Attorney's work 20 hours. Chairman Sanchez: No, they -- 40 hours is one day -- Commissioner Allen: Well -- Chairman Sanchez: -- for attorneys. Commissioner Allen: I -- well, you know, interesting -- Mr. Fernandez: Ask Miguel, he would tell you that -- Commissioner Winton: He -- Mr. Fernandez: -- 40 hours is a short week. Commissioner Winton: -- was out there laughing already. Commissioner Allen: Right. Chairman Sanchez: Commissioner Gonzalez -- are you done, Commissioner Allen? Commissioner Allen: Yeah, just one last question. Chairman Sanchez: Yes, sir. Commissioner Allen: 1 guess another interesting question, what if the appeal court affirms the lower court, then are we going to appeal it to the next level? Mr. Fernandez: If the appellate to the supreme -- appeals to the Supreme Court are not as a matter of right. You know -- Commissioner Allen: Right. Mr. Fernandez: -- we would need to look at that, and frankly, 1 don't think I will recommend that to this Commission, but it would be also the option of this Commission to direct me to either proceed with it or to drop it at that stage. City of Miami Page 16 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Commissioner Winton:: What happens if we win? Mr. Fernandez: If we win, then the ballots get counted and that's it. Commissioner Winton: OK. Chairman Sanchez: All right. Commissioner Allen, are you done, sir? Commissioner Allen: I'm done. Thank you. Chairman Sanchez: OK, Vice Chairman Gonzalez. Vice Chairman Gonzalez: 1 would like to yield to Commissioner Regalado -- Commissioner Allen: Regalado. Vice Chairman Gonzalez: -- who was -- Commissioner Allen: Yeah. Vice Chairman Gonzalez: -- a proponent of the -- Chairman Sanchez: OK. Vice Chairman Gonzalez: -- resolution, and then I'll speak after him. Chairman Sanchez: Commissioner Regalado, the time has been yield to you. Commissioner Regalado: No, I don't have anything to say. Chairman Sanchez: OK. Commissioner Gonzalez. Vice Chairman Gonzalez: Yeah, 1 do have something to say. You know, the --1 would have loved to support Commissioner Winton in this motion, but the problem is that this City has a history of -- throughout the court system, the residents of the City of Miami have been silenced quite a few times, and 1 remember when we went through the ordeal of collecting 20, 000 plus signatures on a referendum, and they were thrown out because of a lawsuit. Then I remember, in 1997, when a mayor was elected, and because of a suit, he was removed from his office, and not pursuing this -- of course, there has to be a limitation, but not pursuing this and not doing an effort to make sure that the residents and the citizens of the City of Miami are heard, / believe, is you know, something that I cannot vote in favor of that. / need -- I think that we need to know what the residents of the City of Miami think, how they feel about this issue, and the County may never pursue it. 1t may be something that will die at the City of Miami level, but I will not be supporting this motion. Commissioner Winton: Then, Mr. Chairman, I withdraw my resolution. Chairman Sanchez: OK. The motion has been withdraw. There is no further discussion. The legislative action is dead. Commissioner Allen: Dead. Chairman Sanchez: So therefore, 1 believe that CA.3 is -- City gfMiami Page 17 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Mr. Fernandez.: Continued. Chairman Sanchez: -- done with, continued, and we move on --1 guess we go back to CA. I. Commissioner Allen: Yes, just a quick -- Mr. Chairman, if I may, on this. Chairman Sanchez: On CA.1 ? Mr. Fernandez: The Clerk -- Commissioner Allen: Yes, Madam Conway. Ms. Thompson: I'm sorry. Chairman Sanchez: Commissioner Allen, hold on. Madam Clerk. Ms. Thompson: I'm sorry. Can I get a motion on that continuance, please? Chairman Sanchez: Oh, absolutely. Ms. Thompson: It is -- Chairman Sanchez: Is there a motion to defer the item? Commissioner Winton: What item? Ms. Thompson: Continue. Commissioner Allen: What -- Chairman Sanchez: To continue the item. Commissioner Allen: To continue. Commissioner Winton: What item? Chairman Sanchez: By law -- Commissioner Regalado: C -- Chairman Sanchez: -- we have to wait till there's a final -- Commissioner Regalado: CA.3. Chairman Sanchez: -- decision made, yes. Commissioner Regalado: CA.3. Chairman Sanchez: CA.3. Is there a motion to continue CA.3? Commissioner Allen: I'll move the item. Chairman Sanchez: There's a motion by -- Vice Chairman Gonzalez: 1 move to continue -- City of Miami Page 18 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Chairman Sanchez: -- Commissioner Allen to -- Commissioner Allen: Continue. Chairman Sanchez: -- continue CA.3. Commissioner Regolado: Second. Commissioner Allen: Is that what -- Chairman Sanchez: There's a second Commissioner Allen: -- Commissioner Regalado wanted? Chairman Sanchez: There's a second by Commissioner Regalado. Commissioner Allen: OK. Chairman Sanchez: 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 unanimously, and therefore, it is temporarily passed. Commissioner Winton: Well, I'm confused. Ms. Thompson: It's continued. Thank you. Chairman Sanchez: OK. Commissioner Winton: Why are we continuing it? Why aren't we just passing it? Mr. Fernandez: You have -- Chairman Sanchez: Because by law, we have to. Commissioner Winton: Continue? Chairman Sanchez: Yes. Ms. Thompson: It's -- you have it listed on your agenda as a resolution, so it's an agenda item. You're not -- Commissioner Winton: Why aren't we just passing it as an item like anything else? Commissioner Regalado: No, because we -- Ms. Thompson: Because -- Commissioner Regalado: -- don't have the results. Ms. Thompson: Right. City ofMiami Page 19 Printed en 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Commissioner Winton: Oh, OK. Chairman Sanchez: OK. All right. Ms. Thompson: Thank you. Commissioner Allen: OK. Chairman Sanchez: Commissioner Winton, are you clear on that? Commissioner Winton:: No, but I'm going to -- you know -- Chairman Sanchez: OK. Commissioner Winton: -- like I withdrew my resolution. CA.4 05-00135 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONTINUED ENGAGEMENT OF THE LAW FIRM OF AKERMAN, SENTERFITT & EIDSON, P.A. FOR REPRESENTATION OF THE CITY OF MIAMI IN THE CASE OF ALICE YOUNG, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ANTONIO ALEXANDER YOUNG VS. CITY OF MIAMI, ET AL. IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO. 99-2994-CIV-MARTINEZ, IN AN AMOUNT NOT TO EXCEED $30,000, PLUS COSTS AS APPROVED BY THE CITY ATTORNEY; ALLOCATING FUNDS FROM THE SELF INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 515001.624401.6.652, FOR SAID SERVICES. 05-00135-cover memo. pdf 05-00135-budget. pdf 05-00135-reso lution. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0138 CA.5 05-00155 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ALICE YOUNG, INDIVIDUALLY, AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ANTONIO ALEXANDER YOUNG, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $ 925,000 (NINE HUNDRED TWENTY-FIVE THOUSAND DOLLARS) 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 ALICE YOUNG, ETC. VS. CITY OF MIAMI, ETC. ET AL., CASE NO. 99-2994-CIV-MARTINEZ, 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. City of Miami Page 20 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 05-00155-cover memo.pdf 05-00155-budget.pdf 05-00155-reso I uti on. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0139 CA.6 05-00147 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY RODNEY D. LOGAN, ESQUIRE, TRUST ACCOUNT, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $185,000 ( ONE HUNDRED EIGHTY FIVE THOUSAND DOLLARS) 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 BERNARD BIENAIME, PERSONAL REPRESENTATIVE OF ROMOULD BIENAIME, V. CITY OFMIAMI, IN THE MIAMI-DADE COUNTY CIRCUIT COURT, CASE NO. 03-24980 CA 21, UPON EXECUTING A GENERAL RELEASE FOR THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001. 624401.6.653. 05-00147-cover memo.pdf 05-00147-budget.pdf 05-00147-resol ution. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0140 CA.7 05-00156 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ZENAIDA TABARES AND PEDRO TABARES, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $50,000 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 ZENAIDA TABARES AND PEDRO TABARES V. CITY OF MIAMI, ET AL., IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO . 02-22963 CA (24), 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. 515001.624401.6340.65319. 05-00156-cover memo. pdf 05-00156-budget.pdf 05-00156-resol ution. pdf City of Miami Page 21 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0141 CA.8 05-00150 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF HAVERLAND BLACKROCK, CORP., FOR THE PROVISION OF SOD REPLACEMENT SERVICES AT THE ORANGE BOWL STADIUM, FOR THE DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES, ORANGE BOWL DIVISION, AT A TOTAL CONTRACT AMOUNT NOT TO EXCEED $74,501.20; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 324002.359307.6.270. 05-00150-summary form.pdf 05-00150-award form.pdf 05-00150-award sheet.pdf 05-00150-tabulation sheet.pdf 05-00150-bid security list.pdf 05-00150-resolution.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0142 CA.9 05-00151 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A SUPPLEMENTAL LEASE, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE UNITED STATES DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION, FOR THE USE OF CITY OF MIAMI PROPERTY LOCATED ON VIRGINIA KEY, MEASURING APPROXIMATELY 60,000 SQUARE FEET OR 1.3774 ACRES, FOR USE AS A VERY HIGH FREQUENCY OMNI-DIRECTIONAL RANGE AND TACTICAL AIR NAVIGATION (VORTAC) FACILITY AND TO PROVIDE FOR THE REINSTATEMENT AND EXTENSION OF THE LEASE AGREEMENT FOR A MAXIMUM OF TWO (2) ADDITIONAL ONE-YEAR TERMS, COMMENCING OCTOBER 1, 2004, WITH AN INITIAL BASE RENT OF A YEARLY AMOUNT NOT TO EXCEED $17,832.36 ($1,486.03 MONTHLY), FOR THE INITIAL REINSTATED TERM. 05-00151-summary form.pdf 05-00151-resolution.pdf 05-00151-exhibit.pdf DEFERRED A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and was passed unanimously, to defer Item CA.9 to the Commission Meeting currently scheduled for April 14, 2005; further requesting that the City Manager send someone from the Administration to meet with Mr. Ronald Rogery, the Manager in charge of the Environmental Assessment (EA) process throughout the United States, regarding the City's proposed final draft of the EA report. City of Miami Page 22 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Commissioner Regalado further requested that the Manager also send Frank Rollason and Lori Billberry, who are familiar with the issue. Commissioner Winton also recommended that the City Manager attend the negotiations. Chairman Sanchez: We move to -- Commissioner Regalado: CA.9. Chairman Sanchez: -- CA.9. CA.9 -- Commissioner Regalado: I asked that one. Chairman Sanchez: Commissioner Regalado, you are recognized, sir. Commissioner Regalado: Thank you, sir. CA.9 is an item that has to do with the Federal Aviation Administration, FAA. It's an item regarding a lease extension for an area that they need to use. They're already using that, as a matter of fact, regarding the Virginia Beach property, the high frequency omnidirectional range and tactical air navigation, the VORTAC, what they call it. The reason I wanted to discuss this is because on February 9 of this year, Mr. Jeffrey Bunting, the manager of the airway noise and environmental planning of Miami International Airport sent to the FAA the final draft of the -- what they call the EA, the environmental assessment. This is the operational noise mitigation procedures, and the environmental assessment for Miami International Airport. For seven years, they have been working on this report. This report contains a series of procedures that if the FAA decides to accept this report and implement it in the City of Miami, the airplane noise over the City of Miami will decrease during the day and night more than 50 to 60 percent; the flight patterns will be changed, most of them going west or going north. What we have here is an inch away from mitigating one of the most difficult things that the residents of Bay Heights, Shenandoah, Grapeland Heights, Overtown, Coconut Grove, West Little Havana have to deal with, which is airplane noise, especially at early morning hours of the day because of the cargo plane, so my request to you is to defer this item and ask the people that we're dealing with at the FAA level in Atlanta to give us an appointment with Mr. Ronald Ruggery (phonetic), which is the manager in charge of the EA process throughout the United States, and for the City to send someone to meet with him regarding the EA. We just want to know if the FAA will accept this EA, and mind you, this is the first time that the County and the City and all the municipalities are all behind. Actually, the County is behind 100 percent on this report, and the only glitch here is that the FAA tower director doesn't want to recommend that this report be implemented Some people say that there is a 14th Commissioner in Miami -Dade County, and they call the president of American Airlines the 14th Commissioner in Miami -Dade County, and it is sad that because airlines do not want to spend five minute more offlying time -- Commissioner Winton: Less than five. Commissioner Regalado: Well, I guess it's five, or a little more fuel because this report orders the pilots to climb faster -- Commissioner Winton: Right. Commissioner Regalado: -- and then stabilize, and of course, when you throttle, the climbing, it's -- it consumes more fuel. We are an inch close. We have the County on board, we have Key Biscayne, we have even Doral and the City of Miami, so I would ask you to defer this for 30 days to see if they respond and will grant us the interview. I will propose that if we do have this appointment, that Frank Rollason will go and meet with this person because Frank has been attending all the noise abatement meetings in Miami International Airport, which by the way, they're being sabotaged by the FAA in some of their procedures. City of Miami Page 23 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Commissioner Winton: I would second the motion -- Vice Chairman Gonzcilez: I second the motion. Commissioner Winton: -- for a comment. Chairman Sanchez: All right. There is a motion and a second for a deferral. It is open for discussion. Commissioner Winton. Commissioner Winton: First of all, I'd like to say to the administration that I thought they did a good job on this renegotiation because it is a short-term thing. 1 think that y'all are clearly thinking about where we're headed in the future, so what you've done to date is outstanding, and I think that Commissioner Regalado's motion has absolutely nothing to do with the good job that you've done to date. Commissioner Regalado: No, it doesn't. Commissioner Winton: I think the point that he's making is a good one, and 1 would like to recommend that Joe Arriola be at the table because if there's anybody that can get their dander up and beat the tar out of somebody, I think it's Joe, and we need somebody that's willing to stand toe -to -toe with the FAA. They need somebody that's willing -- Commissioner Regalado: Yeah, but -- Commissioner Winton: -- to poke them in the nose. Commissioner Regalado: Johnny, but we need to go to New York. Commissioner Winton: Yeah. Well, I don't care where we go. Commissioner Regalado: Well -- Commissioner Winton: Let him go wherever we need to go -- Commissioner Regalado: OK. Commissioner Winton: -- to win. The good thing is to win. Commissioner Regalado: You can go there also. 1 mean, stay there for three or four months. Commissioner Winton: I wasn't suggesting a three or four month stay. I was suggesting that he do the typical real good -- Vice Chairman Gonzalez: Vacation time. Commissioner Winton: -- job as Manager that he's doing. Commissioner Regalado: No. I'm sure. No. I mean -- I -- Mr. Arriola: Oh, no, it is good as is. 1 have such a confident staff and I'm so confident in my staff -- Commissioner Regalado: No problem. City gfMiami Page 2a Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Mr. Arriola: -- that I feel that 1 can go for three or four months and they would do a great job in my absence. Commissioner Regalado: 1 really didn't ask for the Manager to go because, 1 mean, it takes traveling and, you know, he has issues, but if he goes with Frank -- and I really believe that Lori should go, too, because she understands the issue here. In New York, they don't understand the issue here, but we have a leverage. This is the time that we have this leverage. We only need this guy to say, "OK, we're going to implement the EA." That's all we need, and if he does that, hey, you, all the residents of Miami, will see a decrease in noise, an extraordinary level and -- Chairman Sanchez: A decrease. Commissioner Regalado: A decrease. Chairman Sanchez: OK. Commissioner Regalado: Yes, more than 50 percent. Vice Chairman Gonzalez: All right. Chairman Sanchez: OK. CA.9 has been deferred to I believe the 8th or the 14th, which is -- Vice Chairman Gonzalez: Thirty days. Chairman Sanchez: Thirty days? April -- Priscilla A. Thompson (City Clerk): That's correct. You have a motion and a second. Commissioner Allen.: Yeah, 30 days. Chairman Sanchez: There's a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, so it's been deferred to April 14; am I correct, Madam Clerk? Ms. Thompson: That's correct. CA.10 05-00152 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), ACCEPTING A GRANT FROM THE FLORIDA DEPARTMENT OF HEALTH, BUREAU OF CHILD NUTRITION PROGRAMS ("STATE"), IN AN AMOUNT NOT TO EXCEED $72,000; ALLOCATING SAID FUNDS FROM THE STATES CHILD CARE FOOD PROGRAM FOR THE PROVISION OF FOOD TO THE PARTICIPANTS IN THE CITY OF MIAMI'S ("CITY'S") 2004-2005 FOOD SERVICE PROGRAM AT THE CITY'S CHILD DAY CARE CENTERS LOCATED IN VARIOUS PARKS, FOR THE PERIOD OF OCTOBER 1, 2004 THROUGH SEPTEMBER 30, 2005 ON A REIMBURSEMENT BASIS, BASED UPON THE RATES INDICATED IN "EXHIBIT A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE THE NECESSARY DOCUMENTS FOR SAID PURPOSE; APPROPRIATING SAID FUNDS INTO THE CITY'S DEPARTMENT OF PARKS AND RECREATION ACCOUNTS FOR CHILD City of Miami loge 25 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 CARE FOOD PROGRAM. 05-00152-exhibit 1. p d f 05-00152-exh ib it2. pdf 05-00152-exh i b i t3. pd f 0 5-00152-ex h i b i t4. pd f 05-00152-exhibit5. pdf 05-00152-food service.pdf 05-00152-memo.pdf 05-00152-resolution.pdf 05-00152-summary form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0143 CA.11 05-00162 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND") WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO EXCEED $425,000, FOR THE DINNER KEY SPOIL ISLAND RESTORATION AND SHORE STABILIZATION PROJECT ("PROJECT"), FOR THE PURPOSE OF PROVIDING ADDITIONAL RECREATIONAL AND EDUCATIONAL OPPORTUNITIES, ENHANCING MARINE AND UPLAND HABITATS; AUTHORIZING THE ALLOCATION OF REQUIRED MATCHING FUNDS FOR FIFTY PERCENT (50%) OF PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $425,000, FROM THE PROCEEDS OF SAFE NEIGHBORHOOD PARK BOND FUNDS FOR CAPITAL IMPROVEMENT PROJECT NO. 333124, ENTITLED "VIRRICK COMMUNITY WATER SPORTS CENTER;" AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SUBMISSION OF THE FIND GRANT APPLICATION FOR FISCAL YEAR 2005-2006, SUBJECT TO THE TERMS AND CONDITIONS OF SAID GRANT APPLICATION. 05-00162-exh i b i t l .pdf 05-00162-exhibit2.pdf 05-00162-exhibit3. pdf 05-00162-exh i b i t4. pd f 05-00162-exhibit5.pdf 05-00162-exh ibit6. pdf 05-00162-exh i b it7. pdf 05-00162-exhibit8.pdf 05-00162-exh i bit9. pdf 05-00162-attachment E-1.pdf 05-00162-resolution.pdf 05-00162-summary form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen City of Miami Page 26 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 R-05-0144 CA.12 05-00153 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "AMERICORPS VOLUNTEERS IN SERVICE TO AMERICA ("VISTA")," CONSISTING OF A GRANT AWARD FROM THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE (" CORPORATION"), FOR LIVING ALLOWANCES WHICH ARE TO BE PAID DIRECTLY TO THE 16 VISTA MEMBERS, PROVIDING THEM TO SERVE AT 15 COMMUNITY -BASED AND FAITH -BASED ORGANIZATIONS THROUGHOUT THE CITY OF MIAMI ("CITY") WITH THE GOAL OF POVERTY REDUCTION, IN AN AMOUNT NOT TO EXCEED $216,000, FROM THE CORPORATION, WITH MATCHING FUNDS FROM THE CITY, IN AN AMOUNT NOT TO EXCEED $80,000; ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED $80,000, FROM THE CITY'S SPECIAL REVENUE ACCOUNT NO. 119005-250103-6-996; AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT ACCEPTANCE OF SAID GRANT FOR SAID PURPOSE. 05-00153-exhibit. pdf 05-00153-resol ution. pdf 05-00153-summary form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0145 CA.13 05-00154 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PROCUREMENT OF SAFETY SHOES AND BOOTS FROM VARIOUS VENDORS, UTILIZING AN EXISTING CONTRACT, PURSUANT TO INVITATION TO BID NO. 1802-4/09 FROM MIAMI-DADE COUNTY, FLORIDA, EFFECTIVE THROUGH DECEMBER 31, 2005, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY MIAMI-DADE COUNTY, FOR THE DEPARTMENT OF PURCHASING TO BE UTILIZED BY VARIOUS USER DEPARTMENTS AND AGENCIES, ON AN AS -NEEDED CONTRACT BASIS, IN AN ANNUAL AMOUNT NOT TO EXCEED $120,000, FOR AN INITIAL ONE-YEAR PERIOD, WITH THE OPTION TO RENEW FOR FOUR (4) ADDITIONAL ONE-YEAR PERIODS; 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. City o%Miami Page 27 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 05-00154-summary form.pdf 05-00154-city memol.pdf 05-00154-city memo2.pdf 05-00154-fax cover sheet.pdf 05-00154-city memo3.pdf 05-00154-city memo4.pdf 05-00154-fax .pdf 05-00154-city memo5.pdf 05-00154-letter.pdf 05-00154-city memo6.pdf 05-00154-contract sheet.pdf 05-00154-award sheetl.pdf 05-00154-award sheet2.pdf 05-00154-addendum 1. pdf 05-00154-invitation to bid title.pdf 05-00154-invitation to bid.pdf 05-00154-section 1.pdf 05-00154-section 2.pdf 05-00154-section 3.pdf 05-00154-miami dade.pdf 05-00154-bid submittall.pdf 05-00154-bid proposal.pdf 05-00154-acknowledgement of addenda.pdf 05-00154-append ix -affidavits. pdf 05-00154-resol uti on. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0146 CA.14 05-00099 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN INCREASE IN COMPENSATION FOR THE PROFESSIONAL CONSULTING SERVICES OF HDR ENGINEERING, INC., PREVIOUSLY APPROVED BY RESOLUTION NO. 04-0010, ADOPTED JANUARY 8, 2004, AS AMENDED BY RESOLUTION NO. 04-0209, ADOPTED APRIL 8, 2004 AND FURTHER AMENDED BY RESOLUTION NO. 04-0498, ADOPTED JULY 22, 2004, IN AN AMOUNT NOT TO EXCEED $1,700,000, INCREASING THE COMPENSATION FROM $4,000,000 TO AN AMOUNT GUARANTEED NOT TO EXCEED $5,700,000, FOR PROFESSIONAL CONSULTING SERVICES FOR MANAGEMENT SKILLS TO BE UTILIZED CITYWIDE ON AN AS - NEEDED CONTRACT BASIS; AMENDING RESOLUTION NO. 04-0010 TO REFLECT SAID INCREASE; ALLOCATING FUNDS FOR SAID INCREASE FROM AVAILABLE INTEREST EARNINGS ON THE HOMELAND DEFENSE NEIGHBORHOOD IMPROVEMENT BOND PROCEEDS. City of Miami Page 28 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 05-00099-summary form.pdf 05-00099-project report filters.pdf 05-00099-pre resolutionl.pdf 05-00099-pre resolution2.pdf 05-00099-pre resolution3.pdf 05-00099-certification of contract.pdf 05-00099-management servicesl.pdf 05-00099-fax.pdf 05-00099-management services2.pdf 05-00099-amendment NO.1.pdf 05-00099-memos.pdf 05-00099-certificate of service contract. pdf 05-00099-special conditions.pdf 05-00099-category A. pdf 05-00099-category B.pdf 05-00099-ordering instructions.pdf 05-00099-resol ution. pdf 05-00099-Submittal 1. pdf 05-00099-Submittal 2.pdf Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Allen Noes: 1 - Commissioner Gonzalez R-05-0150 Chairman Sanchez: All right. Moving along, CA.14 was also pulled for discussion. Commissioner Regalado: I -- every --1 guess everybody has concerns. I -- Commissioner Allen: Yeah. Chairman Sanchez: Commissioner Regalado, you're recognized. Commissioner Regalado: I just have some questions. Yesterday, Alicia Cuervo called me and she gave me some information. I still don't understand very well the issue, so maybe somebody can help. Chairman Sanchez: All right. Anybody from Capital Improvement? Commissioner Winton:: Well, my only question -- Unidentified Speaker: Yeah. Commissioner Winton: I'm in favor of this item. I just question the source offunds to pay for it, and so 1 want to understand how we can -- and there may be a good answer to this. 'just didn't ask the question ahead of time, but that is to understand how we can use Homeland Defense Bond money to pay for this item. Commissioner Allen: Thank you, Mary. Thank you. Mary Conway: Mary Conway, Capital Improvements and Transportation. The item that's before you today is requesting an interim increase up to -- for a six-month period for an amount not to exceed $1, 700, 000 to extend the program management services that HDR (Henningson, City of Miami Page 29 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Durham and Richardson, Inc.) is providing to the City. The City currently has -- as you're aware, last year we piggybacked on several contracts to bring three firms to the City to assist with the management of the Capital Improvement Program, whether it be on a design side or on a construction side. The monies on this particular contract are being exhausted. We do have our own advertisement on the street right now for program management services. Proposals are due to the City next week and we expect to be coming back before you in late May or early June with a request to continue services. What I've handed out to you is an organizational chart for the Capital Improvements Office, and the boxes that have been highlighted in yellow specifically show the staff members that HDR is providing that are assisting the existing City staff, and the list and the spreadsheets show the specific names of the people that have been working with HDR as part of the City of Miami's Capital Improvement Program delivery, and also indicates whether those employees are here on a full-time basis or on a part-time basis. From the standpoint of value, we pay straight time, salary time. There are quite a few of the individuals, specifically people like Neil Petit, Ed Herald, Roger Hat, who are doing a lot of assistance with us on the construction management side to keep the program moving smoothly, who put in a good bit in excess of a standard 40-hour week -- workweek. We have approximately ten people full-time through this contract that are assisting the City, and we probably get about 594, roughly, hours a week from those ten individuals. As far as the issue of funding, if you look at roughly a ballpark of around four percent of administrative costs that are charged across the board on all capital projects, we feel it's appropriate to not only fund this with Homeland Defense Bond interest, but we're funding with the other sources. Every project that is in the Capital Improvement Program has a line item for administrative fees, and those dollars are used to fund not only the City staff, but also the contract staff that are helping us with delivering the 100-plus million dollars worth of projects annually, and we will, by the end of this calendar year, have well over $100, 000, 000 worth of projects in construction. Commissioner Winton: Answered my question. Thank you, Mary. Chairman Sanchez: All right. Any further discussion on CA. 14? Vice Chairman Gonzalez: No. My question was exactly -- you know, we approved $4, 000, 000 about three or four months ago, right? Ms. Conway: No, it's been closer to about ten months. Vice Chairman Gonzalez: OK, so that was in addition to whatever amount you had? I believe you had $2, 000, 000 -- Joe Arriola (City Manager): No. Vice Chairman Gonzalez.: -- and then -- Mr. Arriola: No. This is adding, Commissioner. Ms. Conway: We initially had started with two million. About ten months ago, I believe, we added another two million, and now we're requesting 1,700,000 as an upset limit amount. Based on the staffing that we have in place right now, I don't think that -- Vice Chairman Gonzalez: That will bring it up to -- Ms. Conway.: -- we'll come close to using that. Vice Chairman Gonzalez: -- $5, 700, 000, and my concern is that I don't see that you have enough -- you know, one problem that you have out there on all your projects that you don't have supervisors supervising these constructions, and you have Neil Petit, who's running all over the City of Miami Page 30 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 City, and this man is doing a great job. 1 wish we had two more of this -- you know, like him, or three more like him, but you don't have them, and 1 don't know what you're doing with all of these consultant monies, you know. You should put aside a little bit of money to hire more supervisors because when we have a problem, the only person that can answer our questions is the supervisor that is out on the field. 1 have called Neil many times because of problems on 19 th Terrace and 19th Street, and he has been in the Grove; other times, he's been in downtown. He's been -- the guy is running all over the place. Either hire more people or buy a helicopter so that the guy at least can move easily, you know. I mean, it's a simple solution. Ms. Conway: Yep, and I couldn't agree with you more. We're addressing that right now, and it's not just Neil. Neil's the person you see the most often, but we have Eileen Bello, Roger Hat and Ed Harold, Lionel Zapata, who are also -- Vice Chairman Gonzalez:: Where are they because 1 never seen them in my project? Where -- Ms. Conway:: We're addressing that right now. Vice Chairman Gonzalez: Where are you hiding them? Ms. Conway: As we have more and more projects in construction, what we're doing now is developing summary sheets, parceling out the projects to each of those other four individuals so that we'll be able to give you a report that'll say for each project who is the lead from the City staff standpoint, and then also, as we've done on 14th Street, where we have a full-time inspector provided by Marlin Engineering, who is actually out there on the job on a daily basis. You'll have that contact information also, so we should shortly be able to provide you with that, and we are working on it. Vice Chairman Gonzalez: Well, let me tell you -- Mr. Arriola: The other four folks, Commissioner -- Vice Chairman Gonzalez.: Let me tell you, you know -- Mr. Arriola: -- they work for Neil. Vice Chairman Gonzalez: -- I hate -- I personally hate to be putting more and more money on consultants when I still have some problems on some issues, and right now -- I just spoke to Neil this morning -- we still have some issues and some problems on 19th Street -- Mr. Arriola: Yep. Vice Chairman Gonzalez: -- and 19th Terrace, where we don't have enough money to do the turf block on those streets, and let me tell you, most of -- I will say that 100 percent of the problems that we had there are because of not having supervision at the time that those projects were started and were done. Still, I go by and 1 see a lot of swale areas that haven't been completed. I see a lot of intersections that haven't been completed, you know, and the problem is that every 15 days, we sit at this Commission and we talk about the same thing, and we talk about it over and over and over and over and everybody shakes their head by saying in the affirmative, " You're right, Commissioner, but you know, I'll see you in 15 days." You're right, Commissioner. I'll see you in 15 days, you know, but nobody comes with the -- with an answer, a firm answer. This is going to be taken care of next week. It's going to be the end of it. It's going to be finished . It's going to be done and over with, and let me tell you, I have a problem. Mr. Arriola: Commissioner -- City of Miami Page 31 Panted on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Vice Chairman Gonzalez: I have a problem approving more consultant money. Mr. Arriola: Yeah, but -- Vice Chairman Gonzalez.: I believe that we need to find more project money, and then, you know -- because what are we going to do? I mean, are we going to hire another thousand bureaucrats instead of building more roads and more sidewalks and completing the jobs that have been started that were supposed to be completed eight months ago and is still not completed? And I'm still getting the calls from the residents. I'm still getting the complaints from the citizens. 1 mean, you know, you all can do whatever you want. Commissioner Allen: Right. Vice Chairman Gonzalez.: I'm telling you right now, I'm voting no on this issue. Mr. Arriola: Commissioner. Commissioner Allen: Yeah. Mr. -- Vice Chairman Gonzalez: It's that simple. Mr. Arriola: Commissioner, with all -- Chairman Sanchez: Well, before -- listen, let's keep decorum here and order. Mr. Arriola: With all -- Chairman Sanchez: We71 go -- Mr. Arriola: -- due respect, nobody knows more about 19th Street than you and 1, as you know. Having said that -- Vice Chairman Gonzalez: Yeah, yeah, Joe, but that doesn't solve my problem. Mr. Arriola: Well, your problem is that -- Vice Chairman Gonzalez: And for you to know the problem doesn't solve my problem. Mr. Arriola: Excuse me. Because I know the problem and I've been out there, and the problem has been very serious that after we put the grass in a lot of those places, and people saw how beautiful the parts that we put turf block are, they've all come back and said, oh, how about me? Why am I not getting the beautiful stuff? Well, it was not planned that way. Having said -- Vice Chairman Gonzalez: No, no. Mr. Arriola: -- that, you know we're looking for money for that. Vice Chairman Gonzalez: You're wrong about that. I can get up from this dais now. We can go in my car and we can go up there, and well still see a lot of swales that need to have asphalt, need to have grass -- Mr. Arriola: Absolutely. Vice Chairman Gonzalez.: -- need to have turf block. City ofMiami Page 32 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Mr. Arriola: Absolutely, and you know, I stopped -- Vice Chairman Gonzalez: All right. Mr. Arriola: -- because they were scheduled to put grass on, and I stopped putting grass on it because we want to put turf block on it, and I had this conversation with you. I didn't want to put the grass on it because we're looking for a way of giving them all turf block, and if you want to put grass out there, we'll have the grass out there tomorrow and everybody's going to be unhappy, but now this is a change of plan. People love turf block and we're going to give them the turf block somehow. We'll find -- Commissioner Winton: Mr. -- Mr. Arriola: -- it to put turf block -- Commissioner Allen: Immense -- Mr. Arriola: -- but -- Commissioner Winton: Mr. Chairman. Mr. Arriola: -- it takes, you know -- Commissioner Allen: Right. Mr. Arriola: -- it's -- you know, if you remember, everybody wanted asphalt. We put asphalt ( UNINTELLIGIBLE). When we started putting turf block, everybody said I love turf block. Come back and put turf block, so it's -- I know from now on, in all your projects, I'm going to put turf block -- Vice Chairman Gonzalez: But let me tell you -- Mr. Arriola: -- because you like it. Vice Chairman Gonzalez: -- you know, let me tell you, you know why we have all of these problems? Because if we would have been smart enough to hire a competent -- Mr. Arriola: You're right. Vice Chairman Gonzalez: -- company -- Mr. Arriola: You're right. Vice Chairman Gonzalez: -- to do the job -- Mr. Arriola: You're right. Vice Chairman Gonzalez: -- and do the job in the parameter of time that we -- Mr. Arriola: Absolutely. Vice Chairman Gonzalez: -- specified that it was four months to do the streets -- Mr. Arriola: I agree with you. City gfMann Page 33 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Vice Chairman Gonzalez: -- we would have been in and out of there -- Mr. Arriola: Absolutely. Vice Chairman Gonzalez: -- long time ago. Mr. Arriola: Couldn't agree -- Vice Chairman Gonzalez: We prolonged -- Mr. Arriola: -- with you more. Vice Chairman Gonzalez: -- the process. We prolonged the suffering of the people -- Mr. Arriola: Absolutely. Vice Chairman Gonzalez: -- of the neighborhood and now people are asking, you know. Mr. Arriola: Absolutely. Vice Chairman Gonzalez: And (UNINTELLIGIBLE) -- Mr. Arriola: Couldn't agree with you more. We hired a horrible, horrible -- Commissioner Allen: Mr. -- Mr. Arriola: -- guy and -- Vice Chairman Gonzalez: So don't blame it on the residents. Chairman Sanchez: All right. Mr. Arriola: No, I'm not. Commissioner Allen: Right. Vice Chairman Gonzalez:: Don't blame it on the residents. Mr. Arriola: I'm not blaming anything on the residents. I'm saying that we want to do more for the residents, Commissioner. We want to do more because they deserve -- Chairman Sanchez: Any -- Mr. Arriola: -- it after -- Commissioner Allen: Mr. Chairman. Chairman Sanchez: Any further discussion -- Mr. Arriola:: -- the trials and tribulations -- Chairman Sanchez: -- on the item -- Mr. Arriola: -- we've put them through. City of Miami Page 34 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Commissioner Allen: Yes, Mr. Chairman, just one quick question. Chairman Sanchez: -- before I have an opportunity, as the Chair, to -- Commissioner Allen: Based on what Commissioner Gonzalez has just stated, under this existing paradigm, is it possible with the increase in money that we're providing to hire more construction manaments [sic], additional Neil Petit, if you will. Can we do that? Can we restructure it so that -- Mr. Arriola: Let me explain this because I -- Commissioner Allen: Is it -- Mr. Arriola: -- you know, everybody comes with -- Neil is great. The five people he's got working under him, that's why Neil comes to the front. People don't come and say, you know, Joe Arriola staff. Neil is the head of this department. Neil is the one that fronts these people. Neil is the one that answers the questions, and everybody loves Neil. I love Neil. I want to hire Neil full-time -- Vice Chairman Gonzalez: Yeah, but let me tell you -- Mr. Arriola: -- if could. Commissioner Winton: But wait, wait, wait, wait. Vice Chairman Gonzalez: Can I tell you something? Commissioner Winton: Mr. Chairman. Vice Chairman Gonzalez.: When the roof fell off this morning at six o'clock in the morning, who did they call? Mr. Arriola: Well, first of all, Neil was -- Vice Chairman Gonzalez: They called Neil. Mr. Arriola: No, sir, you're wrong. You know who they called? They called me, and I -- they called six, seven or eight different people and because the last person, who is the supervisor, we had a cold, we call Neil because Neil is the boss. Neil is the last person. When you -- something breaks down here, who do you call, Commissioner? You call me. You don't call -- Commissioner Allen: Right. Mr. Arriola: -- the third person down the line. Vice Chairman Gonzalez: Well, all I can tell you is that I need somebody -- I need -- we need to have more supervisors in the City. I'm sure that every Commissioner here needs to have more supervisors because when I have a problem and I have a question on a project, Frank sends e- mail to Mary and to Alicia and to everybody, and sometimes it takes two days before we have an answer. When we pick up the phone and we call Neil, we have an answer in ten minutes, OK. Commissioner Winton: Mr. Chairman. Vice Chairman Gonzalez: And remember -- City of Miami Page 35 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Commissioner Winton: Mr. Chairman. Vice Chairman Gonzalez: -- when a citizen calls me, when a constituent calls me, 1 have to answer to him right away. I can't tell him I don't know where my people are, they're not answering the e-mails, they're not answering the calls; I will call you tomorrow. People won't take that. They want an answer and they have the right to have an answer. Chairman Sanchez: All right. Vice Chairman Gonzalez: It's that simple. Chairman Sanchez: All right. Commissioner Winton: Mr. Chairman. Chairman Sanchez: Commissioner Winton and then, I believe, Commissioner Regalado -- Commissioner Winton: I see this -- Chairman Sanchez: -- and I will be last, as Chair. Commissioner Winton: I see this item, I guess, differently than Commissioner Gonzalez, and I understand his frustration absolutely clearly, you know, and the first bad decision, which he said many times, the Manager said many times, was the contractor we hired to begin with, and you know, we can't undo U. It was done, but 1 think everybody's learned a lot of lessons from it. The issue before us, however, is about consultants that we need to push our whole agenda forward, and I feel very, very strongly that the smartest thing we can do is, in fact, hire consultants and not hire permanent staff because the fact of the matter is that, at the end of the day -- I don't know when the end of the day is -- this project stuff comes way down, and the worst thing you can do in any company is ramp your system up from a full-time staff component to deal with a big increase in something that's going to be temporary, and then you're stuck with all the employees, and so the smartest way to do that is to go out and hire the best consultants you can find to help you work through the big push, and when that's done, you still have staffing where you need it, but you can get rid of the consultants; they're finished. Can't get rid of staff, and so 1 don't want to talk or focus on the issue that you've got in your district because it's a huge issue, but 1 think this is a little different. This item is about having the professional resources we need to get our whole Homeland Defense Neighborhood Bond issue program completed, and so I'm really very much in favor of this item. I just didn't -- my only question was how we could justify spending bond money on it, but my problem was I didn't read the question right. If I would have read this better, I would have understood immediately because what I got hung up on was the part about consulting services for management skills. I didn't read the first part. This isn't construction services for management skills, which reads to me like we're hiring consultants who are training our people to manage better; that isn't what this is. These are consultants who are getting projects done -- Ms. Conway: And -- Commissioner Winton: -- and I now understand -- Commissioner Allen: Wait. Commissioner Winton: -- that that's what this is about, and these people are supposed to make the projects like the ones in Commissioner Gonzalez's district, the ones in my district, the ones in everybody's district get the damn projects completed and finished and do them the right way, so I'm very much in favor of it and you answered my question about how we could use Homeland City of Miami Page 36 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Defense Bond money for this, so thank you. Chairman Sanchez: Commissioner Regalado and then 1 will close. Commissioner Regalado: The only reason I asked this to be pulled is because I have one question. The only question I have is this million -- additional money million -- Ms. Conway: A million, seven. Commissioner Regalado: Million, seven, $1,700,000; is it going to be used to continue paying what we have now, the people that we have now or to hire more supervisors for specific projects? Ms. Conway: No, it's to continue the services that we're receiving now, until we have the program management contract that's advertised now on the street back before you in several months. Commissioner Regalado: Then I have a problem because I don't know where the supervisors are, but certainly are not in the projects being done in District 4. The Shenandoah project has been without any work done for more than two weeks. They left the 22nd Terrace, they left on 23rd Street the Silver Bluff curbs reconstruction. They left all the materials there. They left, never come back. The beautiful pavers that were told -- that we were told that they were going to be placed near the Publix on 22nd Terrace and 23rd Street are not there. Mind you, the City - - Off Street Parking is violating the City Code, and the City is not fining Off -Street Parking. The City Code said you cannot have parking meters in unpaved areas, and we were told that the pavers were going to be located there. Also, on 22nd Terrace, there's still construction debris there, have been for like three months. I just don't know -- I really don't know where are these people that -- I don't understand how can -- if they get paid, how can they leave and go somewhere and tell the people in the neighborhood, "Don't worry. We'll come back. We have to do another thing, but we'll come back," and they don't come back. Ms. Conway: I'll need to get back to you on the specific projects, Commissioner, but each of the Commissioners need to understand that when we're talking about the streets projects, we're always, even when we move forward and come back before you in several months to talk about a bonding plan to fix streets within the City of Miami, we will not be able to fund every single street in the City of Miami. That's why we did a condition assessment, looked at worse ones -- Commissioner Regalado: No, Mary. I -- maybe I didn't explain myself. I'm not talking about fixing a street. I'm talking about a company, a contractor leaving a project half done. They start working. They have the barricades, then they leave. They don't come back for two or three weeks, and these are the specific addresses that are there. I understand fully that there is no way that every street and every sidewalk can be fixed. I understand that. It's $800, 000, 000, the last I heard that you did the study. What I'm saying is that the people, the residents, do not understand why, if they start a project in their block, work for one week, leave and then don't come back for three or four weeks, or until you or Alicia call them and say you guys have to come back. What I'm saying is, on those projects, I've never seen a supervisor, and that is -- and that was my point . My point is not that you need to fix all the streets. My point is that once you start it, somebody is getting paid. That contract was awarded to somebody, but they leave. They don't finish. They don't pick up the debris, and people have a terrible time with the dust and the construction materials. 1 can give you ten sites off the top of my head, and that is my problem. That's why I wanted to know if this money was for the same people because if it's for the same people, we're going to continue to have the same problems because we don't have supervisors. Commissioner Winton: But tfI understand this right, this is simply an extension of a contract that's going to give the staff the time they need; is that not correct? You're going to put out a City ofMiami Page 37 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 new RFP (Request for Proposals). Ms. Conway.: Yes. Commissioner Allen: Right. Commissioner Winton: And you're going to -- Ms. Conway: It's there now. Commissioner Winton: -- put this whole thing -- Commissioner Regalado: No, I understand. Ms. Conway: And the -- Commissioner Winton: Yeah. Commissioner Regalado: But, Johnny, my point is -- Commissioner Winton: No, I understand your point -- Commissioner Regalado: -- my point is -- Commissioner Winton: -- and it's a good point. Your point is a good one, but I just don't want us to lose sight of the fact -- Commissioner Allen: It's a bridge. It's sort of a bridge, yeah. Commissioner Winton: -- that what they're trying to do here is just buy us some more time -- Commissioner Allen: Time, right. Commissioner Winton: -- so they can in fact get this thing out on the street, get the -- get new proposals from subcontractors or from consultants that can maybe do a better job than this group maybe has done -- Commissioner Allen: Right. Commissioner Winton: -- to solve the problems that both you and Commissioner Gonzalez are talking about, and if we don't do this, I think we're going to cut our nose off to spite our face -- Commissioner Allen: Right. Commissioner Winton: -- because we're going to have even less resources. Commissioner Allen: Right, and -- Commissioner Winton: So I understand your frustration. I share both of -- I share the frustration that both of you are talking about, but I would hate like heck to end this whole thing because then we're going to have a bigger mess. Commissioner Allen.: Right, and ifI may quickly, Mr. Chairman, before you weigh in. Chairman Sanchez: Sure. City of Miami Page 38 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Commissioner Allen: In effect, this is judge bridge financing until -- perhaps you should tell the Commission when do you plan to put out the RFQ (Request for Qualifications), or have you -- Ms. Conway: The RFQ is already out on the street and -- Commissioner Allen: OK. Ms. Conway: -- the proposals are due next week. Commissioner Allen: So -- Ms. Conway.: And we expect to be back before the Commission in May, most likely, possibly the first June meeting, for an annual program management contract with options for extensions on an annual basis. Commissioner Allen: Right, because HDR's contract ends around May 205 [sic]. Ms. Conway: Really because what we've wanted to do, we used the piggyback contracts -- Commissioner Allen: Right. Ms. Conway: -- for job order contracting, for program management services as a bridge to get us to a point where we could advertise and have our own contracts in place. Commissioner Allen: Place. Ms. Conway.: The job order contracts advertised yesterday. This advertised several weeks ago. Commissioner Allen: OK, great. Mr. Chairman. Chairman Sanchez: You're done? As the Chair, the Chair gets to speak last on our protocol. Let me just start by praising you, Mary, because 1 know that the situation that you're going through now with your mother being gravely ill and you being here and your dedication and commitment to the City, as well as Alicia and the entire staff of the City. The concerns that have been brought by my colleagues are valid concerns as to some service providers that may not be adding the adequate service that they so need for their projects, and that is what I call growing pain in a city that for thirty -something years nothing was done. Then all of a sudden, through the support and confidence of the voters of Miami believing in the City, awarded us the opportunity to issue bonds and have $255, 000, 000 to improve this great city of ours. The projects that we've put out are big projects. No one can dispute that when you drive through our city, you can't turn in an intersection where there are improvements to our city, whether they're infrastructure improvements or quality of life, or enhancements or whatever they may be. We have so many projects out there that you need to have the professional personnel available to address those issues, as well as concerns of the citizens. I could speak for my district. I have millions of dollars in projects that are going in my district. Some of the projects in my district have been controversial to a point where we've had not one meeting, not two meetings, but four meetings, and in one, eight public meetings, and the people that attend those meetings are the staff, the consultants, the construction managers that have been there. I have had a wonderful experience, and I speak for myself I can't speak for the other Commissioners that have had -- well, I had one bad experience with one develop -- with one construction and that was addressed, but the other ones that are working on my district, I'll tell you this much, when I walk my projects -- and I walk them just about everyday and I'm out there with them -- they're out there addressing the issues, and it's important that we have not only the resources to get these projects in a time certain, cost certain and project certain format, but that we do have the City ofMiami Page 39 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 resources to have these professional individuals out there to make sure that the projects are done correctly, and they're the ones that, when they call our office -- and Commissioner Gonzalez is correct. They call -- and as a matter offact, 1 have about seven or eight messages that, as soon as I walk in my office, it's pertaining -- but 1 call and I get the information, or I direct them to the project manager, whose responsibility it is to address their concerns, because I don't know the diagrams or the technical aspect of those projects. I know the projects themselves, but that's why it's important to have this, and if we don't have that resource, that's when we start falling into problems that some of the Commissioners have fallen into, where the projects aren't being completed in time, where the projects are creating an inconvenience not only for the residents, but to staff and the elected officials, so having said that, I want to tell you that I am very proud of what we've been able to accomplish in my district with the projects, even though that, you know, at the end of the day, we can't be praised by everyone and we're going to have opposition to the projects, but people will realize that these projects that we're putting out, first they were approved by the bond issuance and the residents voted for; second, we had numerous public meetings that they had an opportunity to attend and get involved in, and second, if they didn't participate and now they come along, we have the responsibility to sit with them and try to explain it to them. We're not going to convince them because, let me tell you, there are people out there that are irrational, and 1 don't care what you try to explain to them, they're not going to support the project, but there are those out there that if you educate them and you provide them the correct information, and they see that it is a good project for the community, that it would enhance the beautification of the area, it would enhance the quality of life, and it's going to increase their property value, and it's going to be something they're all going to be proud of they support it, so once again, I thank you and all those that have attended those long meetings with me, and those tortuous meetings that we've had, but I think that have been very productive, so that's why having this extension of six months to continue these projects -- look, Commissioner Gonzalez has a major project in his district that it's -- you know, he's going to have to have the professional personnel out there to get the project done on time because, if it's not get done on time, it's him that they're going to call after, so we need to have these resources to be able to accomplish all these projects, so having said that and being the last speaker, I just wanted to end this on a praising note; praising your staff and the City Manager and all those that labored to make sure that we do accomplish these projects. As a matter offact, we better get these projects done, and we better get these projects done in first-class, so people look back and they say, you know what, I voted for the bond issuance and I'm proud to support the bond issuance, and I'm proud to support those projects that are going to beautify the City of Miami, so having said that, I don't think there's a motion on that, unless there's a mo -- there's been already a motion on CA.14 and a second? Priscilla A. Thompson (City Clerk): No, there hasn't. Chairman Sanchez: There hasn't. Commissioner Allen: No, there hasn't been a motion. Chairman Sanchez: Well, we need a motion on CA.14 and a second. Is there one? Commissioner Winton: Motion. Chairman Sanchez: If not -- Commissioner Winton: Motion. Chairman Sanchez: -- I'm prepared to move the gavel. OK. There's a motion by Commissioner Winton. Is there a second? Commissioner Allen: Second. City ofMiami Page 40 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Chairman Sanchez: Second by Commissioner Allen. I think we've discussed this plenty already without having a motion or a second, which that was my mistake. All in favor, say "aye." Vice Chairman Gonzalez.: No. Chairman Sanchez: Anyone in opposition, having the same right, say "nay," and I believe there's a nay on the record for -- Vice Chairman Gonzalez: (UNINTELLIGIBLE) my no. Chairman Sanchez: -- Commissioner Gonzalez, who's voting against CA (consent agenda). CA.15 05-00182 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ACQUISITION OF BENEFIT CONSULTING SERVICES AND ACTUARIAL SERVICES, FROM MERCER HUMAN RESOURCE CONSULTING, FOR THE DEPARTMENT OF EMPLOYEE RELATIONS, UTILIZING EXISTING STATE OF FLORIDA CONTRACT NO. 973-500-03-01, EFFECTIVE UNTIL OCTOBER 14, 2005, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA, IN A TOTAL AMOUNT NOT TO EXCEED $150,000; ALLOCATING FUNDS FROM THE GENERAL OPERATING BUDGET, ACCOUNT NO. 001000.921002.6.270. 05-00182-summary form.pdf 05-00182-memos.pdf 05-00182-amendmentl. pdf 05-00182-certification of contract.pdf 05-00182-contract admininstrator.pdf 05-00182-instructions to proposers.pdf 05-00182-technical specifications.pdf 05-00182-general conditions.pdf 05-00182-contract .pdf 05-00182-RFP price sheets.pdf 05-00182-ordering instructions.pdf 05-00182-certificate of insurance.pdf 05-00182-fax. pdf 05-00182-resol ution. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0147 CA.16 05-00217 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING AN OCCUPATIONAL LICENSE EQUITY STUDY COMMISSION FOR THE PURPOSE OF RECOMMENDING REVISIONS TO THE OCCUPATIONAL LICENSE TAX RATE STRUCTURE AND RECLASSIFICATIONS OF BUSINESSES, PROFESSIONS AND OCCUPATIONS IN ACCORDANCE WITH CHAPTER 205 OF THE FLORIDA STATUTES. City of Miami Page 4] Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 05-00217-summary form.pdf 05-00217-resol ution. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0148 Adopted the Consent Agenda Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, 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'll get back to the consent agenda. Is there any items that any of the Commissioners wish to pull from the consent agenda, either for discussion or to defer? Vice Chairman Gonzalez: I'd like to -- Commissioner Regalado: For discussion. Chairman Sanchez: OK. Commissioner Regalado: Mr. Chairman. Commissioner Allen: For discussion. Chairman Sanchez: Well, let's not all jump at once here. Let's try to keep some organization. Let's go ahead and start with Commissioner Regalado. What item would you like to pull for discussion? Commissioner Regalado: For discussion, CA.3. Chairman Sanchez: CA.3. Commissioner Regalado: CA.9. Chairman Sanchez: CA.9. Commissioner Regalado: And CA.14. Chairman Sanchez: And CA.14, for the purpose of discussion. Commissioner Winton. Commissioner Winton: Yes, I was looking at CA.14, but Commissioner Regalado has it, so -- Chairman Sanchez: OK, Commissioner Allen. Commissioner Allen: Just a quick discussion with respect to CA. 1. Chairman Sanchez: CA.1 is also being pulled for discussion. Vice Chairman Gonzalez. Vice Chairman Gonzalez: 1 was going to ask for CA.14, but Commissioner Regalado already City of Miami Page 42 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 did that, so -- Chairman Sanchez: OK. Commissioner Allen: Right, I was going to ask -- Chairman Sanchez: On this item -- Chairman Sanchez: Basically, now we have the remaining of the consent agenda. I would need a motion to approve the remaining of the consent agenda. Vice Chairman Gonzalez: I'll move the remain -- Chairman Sanchez: There's a motion by -- Vice Chairman Gonzalez: -- of the consent agenda. Chairman Sanchez: -- Vice Chairman Gonzalez to approve the remaining agenda. Vice Chairman Gonzalez: Right. Chairman Sanchez: Is there a second? Commissioner Winton: Second. Commissioner Allen: Second. Chairman Sanchez: Second by Commissioner Winton. 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. The consent agenda, the ones that we didn't defer, have been passed. City of Miami Page 43 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 PERSONAL APPEARANCES PA.1 05-00163 DISCUSSION ITEM HONORABLE STEVEN LEIFMAN, ASSOCIATE ADMINISTRATIVE JUDGE OF THE ELEVENTH JUDICIAL CIRCUIT COURT, TO ADDRESS THE COMMISSION REGARDING THE CRISIS INTERVENTION TEAM (CIT) TRAINING OFFERED TO ALL POLICE DEPARTMENTS IN MIAMI-DADE COUNTY. 05-00163-letter.pdf DISCUSSED Note for the Record: A Certificate of Appreciation was presented by the Honorable Judge Steven Leifman, on behalf of Chief Judge Joseph P. Farina, to the City of Miami Police Department, recognizing its contributions to the community in implementing the Crisis Intervention Team (CIT) Program, which protects mentally ill persons with special treatment when police need to intervene. Chairman Sanchez: Before we go to the consent agenda, let's go ahead and go into the personal appearance. We have the honorable Steven Leifman here with the Crisis Intervention Team, and I'm sure he's got better -- Commissioner Allen: Judge. Chairman Sanchez: -- things to do, so we're going to get him out of the way so he could go about his business and continue to serve this great community of ours. Steven Leifman: Thank you very much for the opportunity to be here. Commissioner Allen: Good seeing you, judge. Mr. Leifman: Nice to see all of you. Commissioner Allen: Yes. Mr. Leifman: My name is Steve Leifman. I'm the associate administrative judge of the County Court Criminal Division, and 1 chair the circuit's Mental Health Committee. The reason we needed a mental health committee is Dade County, unfortunately, has the highest percentage of people with mental illnesses of any urban area in the United States. More than 9.1 percent of our general population -- that's about 210,000 people -- suffer from severe mental illnesses in our community, and because the State unfortunately does not provide enough treatment for this population, many of them have ended up homeless in the City, have ended up in our jails. In fact, on any given day, almost 20 percent of the jail population, about 1,200 people, suffer from a severe mental illness. About four years ago, we recognized that we had a major problem dealing with this population. People, for instance, would get arrested who had mental illnesses from Homestead; they'd come into our court. We would declare them incompetent to stand trial and the law would require us to release them back into the city, and they were sick and they would end up committing more offenses sometimes and coming back into the system, so we put together a very elaborate, sophisticated program that really was based on two parts; one was a postarrest diversion program, so that when people did get arrested with mental illnesses on misdemeanors, we could make sure that they went to community mental health facilities, were treated and went back to the community with treatment so that they wouldn't end up back in the jail system. The other part of the program that we needed to address was helping the police deal with people with mental illnesses because unfortunately, since 1999, we've had 13 people killed City gfMiami Page 34 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 who have mental illnesses during an encounter with the police, so we went to the City of Miami as one of the first agencies to see if we could sign them up for what's called "Crisis Intervention Team Policing." It's a 40-hour training program, where we take a special squad of officers and we teach them how to recognize when someone has mental illness and how to deal with the problem; how to deescalate the situation and where to take them if they have a serious mental illness. The City of Miami has really become one of the models in the United States. Over the last two years, the City police -- about 100 officers who were trained in this area handled over 7, 200 mental health calls without one bullet being fired, without any deadly force being used It really -- they deserve a round of applause from all of us. (Applause) Mr. Leifman: Police injuries have almost evaporated. There have been basically none. There has been no liability against the City on any of these situations since this program has been installed, and our recidivism rate has gone down from about 70 percent to 18 percent in the last few years. It is a remarkable program and people with mental illnesses are being treated the way they should, with dignity and respect, and they're getting treatment and they're getting back to the community, not coming back into the criminal justice system or ending up in the streets for the police to have to deal with, so today I'm really here to recognize the Police Chief and the City, and to give them a certificate of appreciation from the chiefjudge and from the court, which basically reads: "Certificate of Appreciation awarded to ChiefJohn F. Timoney and the City of Miami Police Department in recognition of your commitment, dedication and exemplary contribution to the community by implementing a Crisis Intervention Team Program." Chief. (Applause) Chairman Sanchez: Judge, thank you so much. It is through your kind effort and many others who labored so hard to make our community a better place not only for ourselves, but our children and our families and -- Mr. Leifman: Thank you. Chairman Sanchez: -- we really appreciate -- Mr. Leifman: It really is a remarkable (UNINTELLIGIBLE) -- Chairman Sanchez: -- you taking time off your busy schedule. Mr. Leifman: They deserve a lot of credit, and it's working and we're happy to help contribute to the City, as well. Chairman Sanchez.: Thank you so much -- Mr. Leifman: Thank you for supporting them. Chairman Sanchez: -- and God bless. Commissioner Regalado: Your Honor, if I may ask you a question, Mr. Chairman. What is your recommendation to the residents? What could they do, what should they do to deal with mentally challenged people when they walk around the neighborhood? Mr. Leifman: Let me answer two questions. First is if they have a family situation where someone is in crisis -- Commissioner Winton: Is his mike off? City of Miami Page -15 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Mr. Leifman: -- and they need the police help -- Commissioner Allen: Judge, I think your -- Mr. Leifman: Oh, OK. Thank you. Commissioner Winton: There you go. Mr. Leifman: When they have a situation at home and they need the police, when they call the police, they should specifically ask for a CIT (Crisis Intervention Team) officer so we get the appropriate officer to respond to this situation. Regarding what you're referring to -- and it is a problem, and we're trying to address it as well. There are some 400 adult living facilities in Dade County that are licensed to handle people with mental illnesses, and unfortunately, not all these ALFs (Adult Living Facilities) are appropriate facilities, so one of the things that we've implemented through the court to help this situation is we now go and inspect the ALFs ourselves, and if they don't meet our standards, we will not refer anybody to those particular ALFs. We're trying not to give business to ALFs that shouldn't be doing business, where they're allowing people to walk around the streets at night that aren't healthy and that aren't contributing to the community, and we're working with them to fix that problem. I'd be happy to sit down with you and talk to you about the program and some things that we think we can do. We've met with the City Manager. We've been trying to think outside the box. You know, you need to make sure that activities are available to people during the daytime. If they're sitting around doing nothing all day, they're going to wander the streets at night, and so we've been working with the Parks Department -- Commissioner Winton: Have always been that way. Mr. Leifman: -- the City to provide transportation. There are things we can do. We can beautify some of the facilities. We should shut down the ones that aren't doing what they should be doing. We should be making sure that the State is providing treatment for this community, that there is community -based treatment, and you know, and making sure that they're getting case managed. Most of these people are required to be case managed once they come out of a facility; the State's not doing it. We need to make sure the State's doing their job, and if they would do their job better, you wouldn't have the problem you're having. Commissioner Regalado: Yeah. Mr. Leifman: But we'll work with you and we agree that there are some problems, but some of it's just thinking outside the box. You can't just make it go away. We need to provide, you know, activities for people during the day. Tire them out, they'll sleep at night, you know. We don't want them throwing cigarette butts and bottles and waking up the neighbors and bothering you. We want to fix it and it can be fixed, and we want to work with you to do it. Commissioner Regalado: Thank you. Mr. Leifman: 1 appreciate it. Commissioner Regalado: At your request, the City Manager asked me to facilitate $3, 000 for -- from my office budget, which we did, for those activities, and I'm very glad that you say that the court system will help in closing down those who are not providing the -- Mr. Leifman: Absolutely. We will not send anybody to a facility that we have not inspected and have not passed our inspection. You know, out of the 100 facilities we inspected, only 12 of them we're sending people to. That just shows you the problems out there, you know. About 12 City of Miami Page 46 Printed an 3/28/2005 City Commission Verbatim Minutes March 10, 2005 percent passed our test. Commissioner Allen: 1 see. Commissioner Winton: Wow. Mr. Leifman: So that's 78 that failed, and that's not a really good -- Chairman Sanchez: That's not a good ratio. Mr. Leifman: No, that's not a good ratio, so we're with you on it. We want to protect the community. We also want to protect the person we're diverting, and we want to protect the court, so -- Commissioner Regalado: Thank you. Mr. Leifman: -- if you want to sit down and talk more about it, we'll be happy to do it. Commissioner Regalado: Thank you, sir. Chairman Sanchez: Once again, thank you. Mr. Leifman: Thank you all very, very much. Chairman Sanchez: Thank you. Vice Chairman Gonzalez: Thank you. Chairman Sanchez: Mr. Mayor, do you -- Mayor Manuel A. Diaz: May 1 say something (UNINTELLIGIBLE)? Chairman Sanchez: Sure, absolutely. Mayor Diaz: (UNINTELLIGIBLE). Chairman Sanchez: You're always recognized in this Commission. Mayor Diaz: Thank you, Mr. Chairman. I -- first, I wanted to -- it's a shame that Judge Leifman left because the work that he's done to work with us to make this a better city is incredible, and we should be all very proud of the fact that we have a very proactive judiciary with people like Judge Leifman. Some of you met Judge Rosnick last week, and the drug court work that he's doing. These are things that are helping us enforce and our Police Department do their work, our code enforcement, our homeless assistance program, and it's very, very important and we should be very proud that we have judges like that on our bench. PA.2 05-00181 DISCUSSION ITEM MR. CHRISTOPHER NORWOOD TO ADDRESS THE COMMISSION REGARDING THE ANNUAL REPORT OF THE CHILDREN'S TRUST OF MIAMI DADE COUNTY, AN INDEPENDENT SPECIAL TAXING DISTRICT THAT PROVIDES FUNDING FOR YOUTH PROGRAMS. 05-00181-email.pdf DEFERRED City of -Miami Page 47 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Chairman Sanchez: All right. We'll continue with the personal appearances. The next personal appearance on the agenda is a Christopher Norwood from the Children's Trust. Commissioner Allen: That's been deferred, hasn't it? Chairman Sanchez: Has that been deferred? Commissioner Allen: I think that's -- Chairman Sanchez: Well, can someone -- what are the items that have been deferred? Commissioner Allen: Yeah. I have a note here that it's been deferred for the next meeting. Chairman Sanchez: All right. Commissioner Allen: Is that correct? PA.3 05-00188 DISCUSSION ITEM MR. IVAN E. HERNANDEZ, EXECUTIVE DIRECTOR OF THE CUBAN MUNICIPALITIES FAIR, CORPORATION TO ADDRESS THE COMMISSION CONCERNING THE 23RD FAIR OF THE CUBAN MUNICIPALITIES IN EXILE TO TAKE PLACE FROM APRIL 7 - 10, 2005, ON THE PREMISES OF THE PARKING LOT ADJACENT TO THE FLAGLER DOG TRACK, N.W. 37TH AVENUE AT 7TH STREET, MIAMI, FLORIDA. MR. HERNANDEZ WILL REQUEST FOR A WAIVER THAT THE EVENT WILL NOT COUNT AS ONE OF THE TWO ALLOCATED EVENTS FOR THE SITE. 05-001 88-letter. pdf 05-00188-summary form.pdf DISCUSSED Discussion on Item PA.3 resulted in the resolution below: (PA.3) 05-00188a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE REQUEST OF MR. IVAN E. HERNANDEZ-DIAZ, EXECUTIVE DIRECTOR OF THE CUBAN MUNICIPALITIES FAIR CORPORATION, FOR A WAIVER OF THE TWO EVENTS PER YEAR, PER SITE, LIMITATION ON TEMPORARY EVENTS FOR THE FLAGLER DOG TRACK PROPERTY LOCATED AT 450 NORTHWEST 37TH AVENUE, MIAMI, FLORIDA, TO ALLOW THE CUBAN MUNICIPALITIES FAIR, SCHEDULED TO TAKE PLACE FROM APRIL 7 - 10, 2005, TO OCCUR ON THE PREMISES OF THE PARKING LOT ADJACENT TO THE FLAGLER DOG TRACK. Motion by Vice Chairman Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0156 Chairman Sanchez: We'll go to the next personal appearance, and that's Mr. Ivan E. Hernandez, with the Cuban Municipios Fair, but we have Hugo representing the organization. City of Miami Page 48 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Joe Arriola (City Manager): I was just going to say that's not Ivan. Hugo Arza: Right. No, he's -- Chairman Sanchez: Ivan was out of town -- Mr. Arza: I come every year (UNINTELLIGIBLE). Chairman Sanchez: -- so he's got -- Mr. Arza: But we came to help a little on that (UNINTELLIGIBLE) for the community that all of you know, and we come to say thank you if you can help us one more time. Chairman Sanchez: Well, we certainly --1 think we've been very supportive of your organization and your efforts doing this event, and we'll continue to support them in any way that we can. Is there any legal action that we need to take on this? Is this just -- Commissioner Regalado: Yeah, we got a waiver. Chairman Sanchez: OK. Is there a motion -- Vice Chairman Gonzalez: Move it. Chairman Sanchez: Is there a motion to waive? Commissioner Regalado: Second. Chairman Sanchez: OK. There's a motion by Vice Chairman Gonzalez. There is a -- Commissioner Regalado: Second. Chairman Sanchez: -- second by Commissioner Regalado. 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. Thank you so much and we look forward to your event. Thank you. Mr. Arza: Thank you. Chairman Sanchez: OK, we'll get back -- Mr. Arza: Thank for all of you. City ofMiami Page 49 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ DISTRICT 1 VICE CHAIRMAN ANGEL GONZALEZ DISTRICT 2 COMMISSIONER JOHNNY L. WINTON D2.1 05-00222 DISCUSSION ITEM DISCUSSION CONCERNING THE URBAN DEVELOPMENT BOUNDARY. 05-00222-email.pdf DISCUSSED Direction to the Administration by Commissioner Regalado to schedule a presentation at the next Commission Meeting by the appropriate County representative regarding proposed expansion of the urban development boundaries and its impact on the environment; further requesting an update regarding the release of the City's reversionary interests in 1,800 acres of Miami -Dade County owned property. Vice Chairman Gonzalez: All right. I guess we go to PA.1. We did that. Priscilla A. Thompson (City Clerk): We have completed PA. I, PA.2, PA.3. Next on your agenda, if we follow the agenda, would be D2.1, which would be Commissioner Winton's district item. Vice Chairman Gonzalez: D2.1. Commissioner Winton: D2. 1. Commissioner Regalado: But we haven't done PH.1, right? Ms. Thompson: PA. 1 has been completed, was discussed PA.2 was not -- the person was not present. PA.3, you pass -- Commissioner Regalado: Right, right. Vice Chairman Gonzalez: OK. Let's do D2.1 then. Commissioner Winton, you're recognized. Commissioner Winton: We've all been reading about this. It's been in the print media and the broadcast media, and that's this whole issue over expanding the urban development boundaries within the County, and before I start this conversation, I'd like to make it quite clear that my raising this issue here at the City Commission has absolutely nothing to do with our colleagues at the County Commission. I'm not trying to tell them what they ought to do. They're quite capable of carrying out their own business as they see fit, and -- but I do, however, feel strongly that we do have a very significant stake in this particular battle, and the reason we have a particular stake in this battle is because we've all watched and looked at our own neighborhoods for the past 20 years or so and recognized that until the last two or three years, the amount of City of Miami Page 50 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 money that's been spent on infrastructure improvements in the City of Miami, by either the County or the City itself, have been essentially zero, zero, and our infrastructure needs are significant. Our infrastructure needs were significant before we saw this big development boom, because as you all have witnessed in your own neighborhoods, our streets have been a mess. Our sidewalks have been a mess. In some neighborhoods, particularly in District 5, we have no sidewalks in many areas. Our water and sewer systems have been inadequate. Parks have been inadequate. A lot of real needs -- schools inadequate, a lot of significant needs in our city, so what does that have to do with expanding the UDB (Urban Development Boundaries) boundaries? The fact is that if you expand the boundaries and create new neighborhoods way out in the hinterlands, you have to spend literally hundreds of millions of dollars to take all the infrastructure things that we simply need increments to improve; they have to start from scratch. They have to run water and sewer systems from scratch out to those areas. They have to build from scratch roads, sidewalks, lighting, landscaping, parks, schools, et cetera, so the dollars that are going to be diverted from County coffers that we pay dearly into to build infrastructure from scratch, those dollars put into municipal neighborhoods, like the City of Miami, like Hialeah, Miami Gardens, Opa Locka, other communities that desperately need infrastructure improvements, the increment to improve our communities is miniscule compared to the big dollars they're going to have to spend to create these infrastructure needs from scratch, so this issue has a huge impact on us. This isn't an issue -- and when I first began to think about it, I thought, you know, is there anything here about us? Should we weigh in on this issue at all? And my original thoughts are -- were that we shouldn't because 1 don't want to try to tell the County what they ought to do. That's not our role, but the more I thought about it, the more it became clear to me that this decision may be a monumental decision, and the impact on our city and other municipal governments could be huge, and so 1 think my view here is -- and let me go to one other point. A big argument that the developers are making about this issue is relative to affordable housing. I got into a very heated discussion with a couple of media people a couple of weeks ago in downtown Miami because they said -- and you've all seen it in print -- "what's the City of Miami doing about affordable housing? You've got all those expensive condos being built downtown on the water, " and I went off on them because I said -- and the Mayor and their staff is working on this and we're going to have real data to support it very soon -- but I said, the City of Miami has probably built more real affordable housing than any part of Miami -Dade County, period, and there's two kinds of affordable housing. There's market affordable, which is the lower range of nonsubsidized, and there's subsidized affordable housing, and 1 know, since I've been here -- in the five years I've been here and all of you have been here, not one time has a developer of subsidized affordable housing come before this Commission and we said no, you can't build it in our neighborhood, not once. We've approved every single project that is subsidized affordable housing that's come before us, and I pointed out to them that in the heart of downtown Miami, one block from the building we own in downtown Miami, I gave approval for -- what's it called -- Commissioner Allen: Is it -- Commissioner Winton: -- the transitional housing group, Car Four, which builds housing for people that are coming out of homelessness, and they put them in transitional housing as a part of the move to get them back into society, and I gave approval for Car Four to convert an old hotel, in the heart of downtown Miami, for transitional housing. Now, not to denigrate any other municipalities or the County, but I would like to see Car Four going up in downtown Coral Gables, so what's my point to this? My point is this City's done more for affordable housing probably than every municipality in the County as a whole in our town. The developers are making the argument that if we expand the urban development boundaries, we're going to get more affordable housing. Affordable for whom? Maybe market affordable, but I will tell you that all the housing that's being built along the river, all the housing that's -- much of the housing, Coral Way, 37th Avenue, those aren't $400, 000 units. Those are affordable housing units, market affordable, not subsidized, market affordable. We've probably got more market affordable housing being built in the City of Miami than the entire County as a whole, so the City al -Miami Page 51 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 argument that I'm going to go out there and make affordable housing -- they're building single- family housing. You can't call single-family neighborhoods affordable. People can buy the houses, no question about it. That's not what I call affordable housing, so my view here is that the City of Miami has a lot at stake in this issue. I don't know -- and I'm looking to my colleagues for some help here about it. I knew -- I felt we needed to discuss it. I don't know if we ought to pass a resolution. I don't know what we really ought to do, but I'm personally no longer in favor -- not that I ever was -- but of expanding the urban development boundary because I think it's going to, over the course of the next 20 years, cost us greatly, and I know that our colleagues at the County Commission are struggling with this issue also, and so my -- I guess my point is that 1 would like to go on record to my colleagues at the County Commission suggesting to them that those of us in municipal governments around Miami -Dade County have a lot at stake here, and my view is, they probably ought to hold the line today, and I would put the weight of my voice, as small as that may be, behind their thought process of holding the line and encouraging them to take those dollars that would have to be spent on schools and water and sewer and parks and all the public infrastructure, take that money and earmark it back to local municipal governments that are, in fact, going through a huge growth spurt in areas where we already have infrastructure, and we simply need the increment to boost the infrastructure components that we have that would cost a lot less than creating from scratch infrastructure out in the boondoggle, so that's my point. Vice Chairman Gonzalez:: All right. Commissioner Regalado. Commissioner Regalado: I think it makes sense to study and analyze, and I think everyone, every resident in Miami -Dade County have a stake on that decision. Every resident, every council member of the smallest municipality have a stake in that decision, and I think it's. important that Johnny brought that to discussion. I would hope that someday someone would come here and tell us what are someone looking for if they want to extend those boundaries. I mean, what are the plans? What will be the impact to our ecosystems if they do that? What is going to happen? I, frankly, don't have the information. I would hope that someone would try to make a presentation to us. Another thing that 1 wanted to ask and put on the record, maybe Alicia can respond, is what is going on with the mining rights land because, after all, that is a huge parcel of land owned by the City of Miami, which is beyond the construction boundaries, and we were told that the County was going 10 do an immediate thing; that was almost six months ago. 1 haven't heard anything. I don't know, but still, the City of Miami has a reversal clause on 1,800 acres of land that will be included in the development area if the boundaries are ever extended, so Johnny, you as a board -- as a member of the board of directors of the City of Miami have a full right to discuss that because the City of Miami, the residents own a lot of land within that boundary, if that is extended or not, so I just hope that someone would at least tell me, I am not clear. The only thing that I know is -- about the boundaries is what I have been reading in the Herald, and then the City Manager tells me not to believe the Herald, so what can I do? I have a problem here, so 1 really need to know what is going on here with this boundary thing and the land, the money that the City of Miami residents own beyond the turnpike, which is the natural boundary now. Alicia Cuervo Schreiber (Chief of Operations): Commissioner, we will get you an update. I don't have one for you at this time. Vice Chairman Gonzalez: All right. Commissioner Allen, you have any comments? Commissioner Allen: No. Vice Chairman Gonzalez: No. OK. Commissioner Winton: Well, let me ask you a question. Do you all think that we should just simply have this discussion? Should we pass a resolution? City ofMiami Page 52 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Commissioner Regalado: 1 think -- Commissioner Winton: 1 don't know what we really ought to do. Commissioner Regalado: Johnny, you know what 1 think? I think that you should request someone, / guess someone from the Planning Department in the County that at least, as a courtesy, give us a presentation. Commissioner Allen: Yeah. Commissioner Regalado: Because it would be better off for us to convey to them the message and even pass a resolution, you know. Commissioner Winton: OK. Commissioner Regalado: If they can -- I mean, next meeting, we have a planning and zoning. If they can schedule just like a brief presentation, it would be great because -- Commissioner Winton: That'd be great. Commissioner Regalado: -- that way -- Commissioner Winton: OK. I think that's a good idea, so we -- Vice Chairman Gonzalez: You want to do that? Commissioner Winton: We can ask the -- Commissioner Allen: So you're -- a move to -- Commissioner Winton: Madam Manager, you'll see to it that they -- Commissioner Allen: -- instruct the -- Commissioner Winton: -- come and give us a presentation next -- Commissioner Allen: Yeah. Commissioner Winton: Perfect. OK. Vice Chairman Gonzalez.: OK. DISTRICT 3 CHAIRMAN JOE SANCHEZ D3.1 05-00179 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A DONATION OF A PLAQUE FROM FRIENDS OF LITTLE HAVANA, FOR PLACEMENT AT THE MEDIAN OF SOUTHWEST 25TH ROAD AND SECOND AVENUE, MIAMI, FLORIDA, FOR DESIGNATION AS THE HISTORIC LOCATION WHERE THE BRICKELL FAMILY SOLD LAND TO THE CITY OF MIAMI ("CITY") FOR A FUTURE NEIGHBORHOOD, DESIGNED BY MARY City ofMiami Page 53 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 BRICKELL, NOW KNOWN AS THE ROADS ("PROJECT); DIRECTING THE CITY MANAGER TO COORDINATE CITY RESOURCES WITH FRIENDS OF LITTLE HAVANA FOR THE COMPLETION OF SAID PROJECT. 05-00179-resol ution. 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-05-0151 Vice Chairman Gonzalez: We have D3.1, which is a resolution of the City of Miami accept -- Commissioner Regalado: Mr. Chairman. Vice Chairman Gonzalez: Yes, sir. Commissioner Regalado: 1 don't have a blue page item, but I was trying to get it on and I couldn't. Chairman Sanchez: Could you bring it now as a pocket item? Commissioner Regalado: Yeah. Chairman Sanchez: All right. We'll do that. Commissioner Regalado: You want to do it now or later? Chairman Sanchez: Well, pocket items are at the end and you can do it at the end. Commissioner Regalado: Yeah, sure. No problem. Chairman Sanchez: OK. Any other items from the Commission on blue pages. I believe I have one. Vice Chairman Gonzalez: You have one, D3. 1. Commissioner Allen: Yeah. Chairman Sanchez: Can you just read it in the record, Mr. Vice Chairman? Vice Chairman Gonzalez: Yeah. A resolution of the City of Miami Commission accepting the donation of a plaque from Friends of Little Havana for placement at the median of Southwest 25 th Road and 2nd Avenue, Miami, Florida, for designation of the historic location where the Brickell family sold land to the City of Miami ("City') for a future neighborhood, designed by the Mary Brickell, now known as the Roads ("Project'); directing the City Manager to coordinate City resources with Friends of Little Havana for the completion of said project. Chairman Sanchez: All right. Is there a mo -- Vice Chairman Gonzalez: So move. Chairman Sanchez: There's a motion by -- City of Miami Page 54 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Commissioner Allen: Second. Chairman Sanchez: -- Vice Chairman Gonzalez, second by Commissioner Allen. Commissioner Winton: Yeah. Chairman Sanchez: 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," and just for point of clarification, this is the spot where Mary Brickell started selling portion of her land for development. It is in the entrance on -- off of I-95, when you turn right on 25th Road right there. There's the -- the original circle right there is where they sold land to pioneers that came down to Miami to start this great city of ours, so this is going to be something that we could look forward to. DISTRICT 4 COMMISSIONER TOMAS REGALADO DISTRICT 5 COMMISSIONER JEFFERY L. ALLEN City of Miami Page 55 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 PUBLIC HEARINGS PH.1 05-00157 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 A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE ACQUISITION OF THE OCEAN RACKMOUNT AVID MEDIA VIDEO ENHANCEMENT SYSTEM, AS LISTED ON "ATTACHMENT A," TO INCLUDE TRAINING AND MAINTENANCE FOR A PERIOD OF ONE YEAR, FOR THE DEPARTMENT OF POLICE, FROM OCEAN SYSTEMS, THE SOLE SOURCE PROVIDER, IN AN AMOUNT NOT TO EXCEED $38,119; ALLOCATING FUNDS FROM THE LOCAL LAW ENFORCEMENT BLOCK GRANT IX PROGRAM, ACCOUNT CODE NO. 142023.290548.6.840 FOR SAID PURPOSE. 05-00157-exh ibit. pdf 05-00157- Fact Sheet 1.pdf 05-00157-resol ution. pdf 05-00157-notice to public.pdf 05-00157-request to publish sole source.pdf 05-00157-finding solesource.pdf 05-00157-award.pdf 05-00157-memo2.pdf 05-00157-memol .pdf 05-00157-summary form.pdf Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Allen Absent: 1 - Commissioner Gonzalez R-05-0152 Chairman Sanchez: We move on to public hearings. We have PH.1. PH.1, I believe, is the Police Department. Commissioner Allen: PH.1. Chairman Sanchez: It's a -- yeah, it's a four -fifth vote. Commissioner Allen: Four -fifth vote. It's an emergency. Commissioner Regalado: I move PHI. Chairman Sanchez: All right. Commissioner Winton: Second. Chairman Sanchez: There's a motion by Commissioner Regalado, second by Commissioner Winton on public hearing. Before we discuss the item, is there anyone in the public wishing to address this item? Please step forward and be recognized. Seeing none and hearing none, the public hearing is closed. Therefore, we come back to the Commission for any further discussion. City gfMiami Page 56 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Hearing none, all in favor, say "aye The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. PH.2. PH.2, it's a resolution. I -- we need to put something on the -- Jorge L. Fernandez (City Attorney): Mr. Chairman, that being a four -fifth vote, the Clerk has recorded it as four Commissioners voting on it. Chairman Sanchez: Well, there are four -- Priscilla A. Thompson (City Clerk): That is correct. Chairman Sanchez: -- Commissioners on the dais. Ms. Thompson: Yes. Chairman Sanchez: All right. PH.2 05-00158 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AMENDING RESOLUTION NO. 03-1154, ADOPTED NOVEMBER 13, 2003, WHICH AUTHORIZED THE CITY MANAGER TO GRANT A TEMPORARY CONSTRUCTION EASEMENT TO FLORIDA POWER & LIGHT COMPANY, TO PROVIDE A NEW TIME FRAME BEGINNING WITH THE NEW DATE OF EXECUTION NOT TO EXCEED A ONE-YEAR PERIOD, FOR STAGING/ MATERIAL STORAGE AND LAYDOWN/FABRICATION AS MORE PARTICULARLY DESCRIBED IN THE CONSTRUCTION DRAWINGS P-1 THOUGH P-8, ATTACHED AND INCORPORATED, IN CONNECTION WITH THE RELOCATION, CONSTRUCTION, INSTALLATION AND MAINTENANCE OF TWO EXISTING HIGH VOLTAGE ELECTRICAL CABLES IN ORDER TO ACCOMMODATE THE DREDGING OF THE SOUTH CHANNEL OF THE PORT OF MIAMI; AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF TEMPORARY CONSTRUCTION EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 05-00158-summary form.pdf 05-00158-memo.pdf 05-00158-notice of public hearing.pdf 05-00158-pre resolution.pdf 05-00158-master report.pdf 05-00158-grant of easement.pdf 05-00158-attach ments. pdf 05-00158-grant of temporary construction.pdf 05-00158-resolution.pdf 05-00158-exhibitl .pdf 05-00158-exhibit maps.pdf Motion by Commissioner Allen, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Allen Absent: 1 - Commissioner Gonzalez City of Miami Page 57 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 R-05-0153 Chairman Sanchez: Just put something on the record, Madam Director. Laura Billberry: Lori Billberry, Economic Development. This is an easement to FP&L (Florida Power & Light) so that they can relocate some cable lines that they have running under submerged land. This was previously granted by the Commission. However, the time for their temporary construction easement expired because they had delays in getting environmental permits, so this is just reinstating basically that previous grant of temporary easement so they can do the work. Chairman Sanchez: All right. Is there a motion? Commissioner Allen: I'll move the item, Mr. Chairman. Chairman Sanchez: There's a motion by Commissioner -- Commissioner Regalado: Second. Chairman Sanchez: -- Allen, second by Commissioner Regalado. It is open for discussion. Before we open it up for discussion, there's a public hearing also. Anyone from the public wishing to address this item, please step forward and be heard. Seeing none, hearing none, the public portion of the meeting is -- Sir, are you speaking on this item? OK. The public hearing is closed, coming back to the Commission for further discussion. Hearing none, we go to -- it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." PH.3 05-00178 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTH (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY AND WAIVING COMPETITIVE BIDDING PROCEDURES IN THE AWARD OF A PROJECT ADMINISTRATION AGREEMENT ("AGREEMENT") WITH HAMMES COMPANY SPORTS DEVELOPMENT, INC. IN AN AMOUNT GUARANTEED NOT TO EXCEED $6 MILLION ($6,000,000) FOR THE ORANGE BOWL REDEVELOPMENT PROJECT TO PROVIDE PROGRAM, PROJECT AND CONSTRUCTION MANAGEMENT SERVICES TO OVERSEE THE DESIGN AND CONSTRUCTION OF SCHEDULED RENOVATIONS TO THE ORANGE BOWL STADIUM; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM; ALLOCATING FUNDS FROM AVAILABLE HOMELAND DEFENSE/ NEIGHBORHOOD IMPROVEMENT BONDS IN CAPITAL IMPROVEMENTS PROJECT NO. 324002, B-30153. 05-00178-summary form.pdf 05-00178-memol .pdf 05-00178-memo2.pdf 05-00178-notice of public hearing.pdf 05-00178-resol ution. pdf 05-0017 8-ex h i b i t. pd f 05-00178-addendum.pdf City of Miami Page 58 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Noes: 1 - Commissioner Regalado R-05-0154 Chairman Sanchez: We move to PH.3. Commissioner Allen: PH.3. Commissioner Winton: Move PH.3. Chairman Sanchez: There's a motion by P -- there's a motion by Commissioner Winton on PH.3 . Is there a second? Is there a second? Commissioner Allen: Second. Chairman Sanchez: Second by Commissioner Allen. Commissioner Allen: Right. Chairman Sanchez: Before we go to the public hearing, Madam Manager. Alicia Cuervo Schreiber (Chief of Operations): Commissioners, I need 10 put some items on the record. There are still some final elements of negotiations that are ongoing. The first is dealing with the fee schedule in Section 5.1 of the contract, which contemplates monthly payments in lump sum amounts. The contract must be modified to tie to that fee schedule. The second is the contract limits Hammes's liability (UNINTELLIGIBLE) an amount of insurance coverage. In the event that the insurance does not fully cover the particular claim, the contract limits liability to 150,000. We prefer to limit Hammes's liability under the contract. However, if we must agree to a limit on liability, we recommend and Risk Management strongly concurs that Hammes's liability for all claims, including claims not covered by insurance, such as willful misconduct or criminal acts be limited to the amount equal to the maximum amount of insurance coverage, and if the claim were covered by insurance, plus a $500,000 cap. Commissioner Allen: OK. Ms. Cuervo Schreiber: These are the final things that we're negotiating. Commissioner Allen: Right. You're still negotiating, right, but what's the insurance -- I think you need to weigh in on this, City Attorney -- what's the insurance limit? You said a mouthful there, Maria. Ms. Cuervo Schreiber: 1 understand that. Commissioner Allen: So -- right. Ms. Cuervo Schreiber: And I'm going to hand this out for each one of you. Commissioner Allen: OK. Ms. Cuervo Schreiber: Most of our contracts have a standard language. Commissioner Allen: Right. City of Miami Page 59 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Ms. Cuervo Schreiber: We're just trying to come to terms -- Commissioner Allen: Include that. Ms. Cuervo Schreiber: -- with that with Hammes. Commissioner Allen: OK. Chairman Sanchez: What -- Jorge L. Fernandez (City Attorney): So as you consider this item, if you are of a mind to vote it, make sure it's subject to the issues that we have stated on the record. Chairman Sanchez: Well, I'm OK with the issues -- Vice Chairman Gonzalez: All right. Chairman Sanchez: -- you stated on the record, but let me just ask that -- what are the industry standards on this? Ms. Cuervo Schreiber: What we've done with HDR (Henningson, Durham and Richardson, Inc.) Consultech is that it's pretty unlimited liability. They have their insurance and they don't put a cap on it. However, if a cap is going to be in place, we'd like it something substantial, more than 150, 000. I think insurance is here, Risk is around and maybe they want to explain it to you, but pretty much as we've highlighted in the memo. Chairman Sanchez: Well, are you satisfied with these -- Ms. Cuervo Schreiber: We would be more satisfied with having the terms as they are highlighted there, upping it to 500,000 and -- Commissioner Allen: Right. Ms. Cuervo Schreiber: -- having their insurance cover it. Commissioner Allen: So that'd be -- Chairman Sanchez: OK. Commissioner Allen: -- a total -- if I may, Mr. Chairman, so with respect to paragraph two, that'll be a total limitation of up to $500, 000 or 650? I mean, could you further explain paragraph two? Do you have it before you? Vice Chairman Gonzalez: It will be 500, I believe. Ms. Cuervo Schreiber: This -- Commissioner Allen: Yeah, that's what you're indicating, right? Do you need a copy of this? Ms. Cuervo Schreiber: Dana's coming out to explain that from Risk Management. Chairman Sanchez: Well, that's -- that needs to be explained, and also, before we do that, I believe we have one PZ (Planning and Zoning) item. Can we take that PZ item? I believe that Bernard needs to be at the School Board. City ofMiami Page 60 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Commissioner Winton: And the neighbors are here also, so I think it'd be good if we could -- Chairman Sanchez: Yeah. Commissioner Winton: -- get the PZ item -- Chairman Sanchez: Yeah. We could -- the neighbors are here -- Commissioner Winton: -- done before the noon break. Chairman Sanchez: -- too, so well go ahead and get you out of here so you go on about your daily business. OK Commissioner Allen: Right. Chairman Sanchez: After this item is done, we'll bring you up, and of course, we're going to have to recess the Commission meeting, bring you up. Anybody speaking on the item is going to have to be sworn in and we'll do that. Vice Chairman Gonzalez: I believe you're right, Commissioner Allen. I believe it's 650. Commissioner Allen: I'm sorry. Vice Chairman Gonzalez: I believe -- Commissioner Allen: Yeah. Vice Chairman Gonzalez: -- it's 650, what I'm reading here. Commissioner Allen: Right. Vice Chairman Gonzalez: Because (UNINTELLIGIBLE) -- Commissioner Allen: That's what I'm trying -- Vice Chairman Gonzalez.: -- we'll cover insurance, plus 500,000. Chairman Sanchez: Listen, why don't we do something. Commissioner Allen: Right. We need the laywer. Chairman Sanchez: Let's defer -- Mr. Fernandez: We can explain it. Chairman Sanchez: -- PH.3. Commissioner Allen: Yeah. Chairman Sanchez: Oh, she could explain it? Olga Ramirez -Sews (Assistant City Attorney): Yeah. Commissioner Allen: You can explain it? Right. City of Miami Page 61 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Ms. Ramirez-Seijas: Well, basically -- Commissioner Allen: The -- Ms. Ramirez-Seijas: -- the contract limits Hammes's liability -- Commissioner Allen: To? Ms. Ramirez-Seijas: -- to the amount of the insurance. Commissioner Allen: Which is? Ms. Ramirez-Seijas: With the insurance, 1 think -- Commissioner Allen: What's the cap? Ms. Ramirez-Seijas: -- and there is coverage -- it's a million, with two million excess coverage. The Risk Management administrator is not here right now, but it's included in the contract. Unidentified Speaker: She's here. Ms. Ramirez-Seijas: She's here? OK. Priscilla A. Thompson (City Clerk): Commissioner, while we're waiting, can we get the last City Attorney to please put her name on the record? Ms. Ramirez-Seijas: Olga Ramirez-Seijas, Assistant City Attorney. Ms. Thompson: Thank you. Ms. Ramirez-Seijas: And what the contract provides is that in the event that the claim is not covered by insurance, then that the liability of Hammes be limited to $150,000, so if it is covered by insurance, it's limited to the amount of insurance; if it is not, it's limited to 150,000. That's a clause that we need to negotiate and we haven't been -- Commissioner Allen: So their only -- Ms. Ramirez-Seijas: --able to reach an agreement. Commissioner Allen: -- exposure would be up to $150,000 -- Ms. Ramirez-Seijas: Exactly. Commissioner Allen: -- even if it's some willful misconduct or anything? You guys -- Ms. Ramirez-Seijas: Limited to 150,000, is what they proposed. Commissioner Allen: You guys, shouldn't that be a hard amount? 1 mean, that's just -- Ms. Ramirez-Seijas.• That's what we're seeking -- Commissioner Allen: Yeah. Ms. Ramirez-Seijas: -- to obtain. City ofMiami Page 62 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Commissioner Allen:: OK. Ms. Ramirez-Seijas: But we haven't reached an agreement on that yet. Commissioner Allen: Yeah, that's a bad deal, yeah. Quickly, could I comment about the first paragraph, with respect to the tying of the monthly payments to a fee schedule. Is that -- that's pretty common in the industry relative to this type of work? OK, so -- Chairman Sanchez: All right. Commissioner Allen: So -- Chairman Sanchez: Any further questions, concerns on this matter? If not -- Commissioner Allen: Right. Chairman Sanchez: -- we'll need a motion. Commissioner Allen: Right, so it's our understanding that -- Commissioner Winton: I think I already moved it. Commissioner Allen: -- the City Manager is continuing to negotiate as it relates to the liability, limits of liability issue? Ms. Cuervo Schreiber: Yes. Commissioner Allen: That's the only outstanding issue at this point. Ms. Cuervo Schreiber: And the fee schedule. Chairman Sanchez: Yeah, but we need -- Commissioner Allen: And the fee -- Chairman Sanchez: -- a motion -- Vice Chairman Gonzalez: I'll move -- Chairman Sanchez: -- as modified. Commissioner Allen: Right. Vice Chairman Gonzalez:: I'll move PH.3, as modified. Chairman Sanchez: All right. Commissioner Winton made the original motion. Vice Chairman Gonzalez: Oh, he did? OK. Chairman Sanchez: But Commissioner Winton, it's been -- Commissioner Winton: Yes. Chairman Sanchez: -- modified So you accept the modifications? City gfMiami Page 63 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Commissioner Winton: Yes. Chairman Sanchez: OK. There's a motion by Commissioner Winton with the modification, second by -- Vice Chairman Gonzalez.: I second it. Chairman Sanchez: -- Vice Chairman Gonzalez. Ms. Thompson: You're -- Chairman Sanchez: Its open for discussion. Before we do that, 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, coming back to the Commission for discussion. Hearing none, it's a resolution. All in favor, say "aye." Commissioner Regalado: No. Chairman Sanchez: Anyone in -- Commissioner Regalado: One "no." Chairman Sanchez: OK. All in favor, say "aye." Anyone in opposition, having the same right, say "nay." There is one nay, Commissioner Regalado. All right. Well go and -- well call the Commission meeting on recess. PH.4 05-00186 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING THAT COMPETITIVE BIDDING PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ACQUISITION OF GOODS AND SERVICES, PURCHASED BY CHARLIE DELUCCA SR., FOR THE CONTINUED MAINTENANCE AND OPERATION OF THE CITY OF MIAMI'S INTERNATIONAL LINKS GOLF COURSE, EFFECTIVE MARCH 1, 2005, IN AN AMOUNT NOT TO EXCEED $1,666,074; ALLOCATING FUNDS FROM THE MELREESE GOLF COURSE GENERAL FUND ACCOUNT, ACCOUNT CODE NO. 416000-580285 FOR SAID PURPOSE. 05-00186-summary form.pdf 05-00186-memo.pdf 05-00186-memo2.pdf 05-00186-notice of public hearing.pdf 05-00186-resol ution. pdf Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Allen Absent: 1 - Commissioner Sanchez R-05-0157 Vice Chairman Gonzalez: I believe the next item is RE (Resolution) -- I'm sorry, PH.4. City of Miaml Page 64 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Commissioner Allen: PH.4. Ernest Burkeen: Ernest Burkeen, Director of Parks and Recreation. This is a bid waiver for the Melreese Golf Course to allow them to procure services and goods. The Parks and Recreation Department has ownership in terms of reviewing the orders, receiving invoices and making direct payments to the vendors. Commissioner Winton: Move it. Vice Chairman Gonzalez: All right. Commissioner Allen: Second. Vice Chairman Gonzalez: This is a public hearing. Is anybody here that wants to speak in this item, against or in favor of? OK, seeing none, hearing none, the public hearing is closed. We have a motion. We have -- Commissioner Allen: Second. Vice Chairman Gonzalez: -- a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez: All opposed? Motion carries. City al -Miami Page 65 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 ORDINANCE -EMERGENCY EM.1 05-00180 ORDINANCE Emergency Ordinance (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 12420, THE ANNUAL APPROPRIATIONS ORDINANCE TO INCREASE CERTAIN OPERATIONAL AND BUDGETARY APPROPRIATIONS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2004, CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 05-00180-summary form.pdf 05-00180-appropriation adjustment.pdf 05-00180-ordinance.pdf Motion by Commissioner Allen, seconded by Commissioner Winton, that this matter be ADOPTED as an emergency measure, waiving the requirement for two separate readings PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen 12662 Note for the Record: Vice Chairman Gonzalez stated that the Code Enforcement Board should take into consideration all City costs related to Code violations when the board mitigates fines for same. Vice Chairman Gonzalez: Let me see, next item is EM. I. Larry Spring: Commissioner, Larry Spring, Chief of Strategic Planning, Budgeting and Performance. Before you is the closeout budget amendment for fiscal year 2004. The amendment assimilates the closing entries process by the finance department as part of their closing of the City's books for the fiscal year. The nature of most of the entries are to properly reflect the GASB (Government Accounting Standard Board) treatment of certain transactions in -- on the budget side. Vice Chairman Gonzalez:: Any questions from the Commission? Commissioner Winton: Nope. Commissioner Allen: I move the item. Commissioner Winton: Second. Vice Chairman Gonzalez: Well, I don't think we need to take any action, do we? Commissioner Regalado: Yes, yes. Mr. Spring: Yeah, yeah. Vice Chairman Gonzalez:: We do? Commissioner Regalado: An ordinance. Mr. Spring: It's a public -- City ofMiami Page 66 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Vice Chairman Gonzalez: Oh, it's an ordinance. OK. Mr. Spring: It's an emergency ordinance. Vice Chairman Gonzalez: OK. Commissioner Allen: Right. Vice Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." Jorge L. Fernandez (City Attorney): No. It needs to be read and it's also public hearing. Priscilla A. Thompson (City Clerk): Public hearing. Mr. Spring: Public hearing. Vice Chairman Gonzalez: It's also public hearing? Mr. Fernandez: Yes. Vice Chairman Gonzalez: OK. Albio Castillo: Oh, yes. Vice Chairman Gonzalez: The public hearing is opened. Yes, sir. Mr. Castillo: My name is Albio Castillo. / live in 2386 Southwest 5th Street and I have a question that has not been resolved since 2004; one of them is the things of code enforcement that has been --1 have said since '97, on the issue of their -- my idea, eliminated the 250 and a 500 and start collecting at 10,150. A Commissioner asked why that and I -- and he has been having bad luck because we have $13,000,000 uncollected on code enforcement and it is $60, 000,000 in the hole. I'd also like to know if -- what is the City going to do about Miami 9. We have spent $330,000 on three directors and we get poor service, and we pay for both ends of it. It's poorly run. If I get the City of Miami one time played during the week, it's a miracle. It used to be played on the weekends; now its only played on Saturday, sometimes on Monday because the tapes run out and they don't have any tapes, so they put it on a Monday. I'm paying for -- the taxpayers of the City of Miami are paying for this and I'm paying it throught the cable also. Vice Chairman Gonzalez: All right. You have any answers to -- Mr. Spring: Well, the -- Vice Chairman Gonzalez: -- any of the citizen's -- Mr. Spring: -- code enforcement issue, I'll have to research and the issue of Net-9, I would defer to our Communications director to respond to -- Vice Chairman Gonzalez: OK, let me tell you -- Mr. Spring: -- the programming. Vice Chairman Gonzalez.: -- I can address the code enforcement issue. The code enforcement issue is very simple, and what happened is that we have these cases that have been hanging for one year, or two years, three years, and when they come before the Code Enforcement Board, these people have fines that are 100, 000, $150,000, and the Code Enforcement Board, which is a City of Miami Page 67 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 quasi-judicial board, determine that they're going to let the people go with zero fines, so actually, at the City Commission level, I don't think there is anything that we can do except to reappoint new people to the Code Enforcement Board so they know exactly what is the mission of -- because the mission of the Code Enforcement Board -- first of all, the primary mission of the Code Enforcement Board is to get compliance. Its not a generating agency, you know. They're not supposed to be here to generate income, but to look for compliance. They're getting compliance; in some cases, a very, very delayed compliance, but in addition to that, they're not collecting the amount of fines that they should be collecting, and one problem that I have with that is that, at least, the Code Enforcement Board should take into consideration the expenditure that the City incurring to -- in order to prosecute these cases and to get these citizens to comply with the codes, and that is something that, in many, many cases, it's not being done. I have seen Code Enforcement Board members ask the person that is before them with a fine, how much do you want to pay. Well, you put me in that position, I will say zero, and that's what happens in many cases. People say zero and they say, fine, zero then, you know, and that's it. Mr. Castillo: And we lost $52,000. Vice Chairman Gonzalez.: They walk out of here. To be honest with you, it's not serious. I mean, you know, it's becoming a joke. It's becoming a joke for the people that violate the Code. It's becoming a joke for the people that have to come into compliance. They take all the time in the world because they know that -- they don't care how much the fine is going to be. Eventually, one day they're going to come here before the board and the board is going to say, "Zero fine. Thank you very much. You already complied. God bless you. Goodbye. See you next year," so that is the problem with the Code Enforcement Board. I don't know if there is a way that we can address it. I believe that we can address it, but I have to talk to our attorney later on to find out. I personally, as a Commissioner, how can I contribute to make sure that this board functions properly, you know, for the best -- benefit of the City and the residents of the City of Miami. All right. Joe Arriola (City Manager): Commissioner, to reemphasize that --1 know you and 1 have had this conversation. Last Code Enforcement Board meeting, there were $2, 885, 000 that we brought up in code enforcement. We walked away with $4,200. It was not enough to pay -- Mr. Castillo (UNINTELLIGIBLE). Mr. Arriola: -- for the hearing -- Mr. Castillo: I know that. Mr. Arriola: -- least of all, all the people that were involved in it. Now, we wrote 25,000 code enforcement violations license between one thing and the other, but if that's the result, we're kidding ourselves. We have been working with the attorney. We're going to try to bring you a new ordinance within the next month or so with a lot more teeth to it. You know, one of the bad things about having Commissioner Allen here, when he was a special master, we used to send him all the cases and we used to collect money. Now we don't do that anymore, but we're going to bring you something. It's a joke; $2,850,000 and we collected $4,200, and our attorney, by the way, got very upset in some of the cases, and the board basically says, "Shut up. We're going to do whatever we want around here, " so they're 100 percent right. We got to do something about this thing. Vice Chairman Gonzalez: OK. Mr. Castillo: What is the City going to do about when the employees start to retire from different departments, between 300 and 450 employees retiring? How is the City going to handle that in the taxes area? City o[Miami Page 68 Printed on 3/28i2005 City Commission Verbatim Minutes March 10, 2005 Commissioner Winton: Pay it. Pay it. Commissioner Allen: Is that expected? Commissioner Winton: There's nothing else to say. Commissioner Allen: Is that expected -- Mr. Arriola: The -- Commissioner Allen: -- on a wholesale basis? Commissioner Winton: Moving right along. Mr. Arriola: No, but when they retire, that's why we have pension. Commissioner Allen: Right. Mr. Arriola: You know, I mean -- Mr. Castillo: Yeah, but the taxpayer -- Mr. Arriola: -- we --- Mr. Castillo: -- the taxpayers doesn't pay that through the taxes? Mr. Arriola: No. I mean, you -- that's why you have pension plans and all that, of course, and that's one of the issues, but 1 mean, if they want to retire, they have a right to retire. Mr. Castillo: 1 know. Mr. Arriola: You know, we can't keep them here. Mr. Castillo: So do I. Vice Chairman Gonzalez: And collect their retirement, too. Mr. Arriola: Yeah, Vice Chairman Gonzalez.: All right. Commissioner Winton: OK, moving right along. Chairman Sanchez: All right. We're obligated -- Vice Chairman Gonzalez:: OK. Chairman Sanchez: -- by contract. Vice Chairman Gonzalez:: Thank you. All right. Could you read -- Mr. Castillo: That is all. Vice Chairman Gonzalez: -- the ordinance, please? City of Miami Page 69 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Mr. Fernandez: I'll read the ordinance. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Gonzalez: Madam Clerk, roll call, please. Ms. Thompson: First roll call. Second roll call. Roll calls were taken, the results of which are stated above. Ms. Thompson: The ordinance has been passed as an emergency measure, 5/0. ORDINANCE - SECOND READING SR.1 05-00044 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE I, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "BUILDINGS/IN GENERAL," BY AMENDING SECTION 10-4(D) OF THE CITY CODE THAT SET FEES FOR BUILDING, PLUMBING, ELECTRICAL, MECHANICAL, (INCLUDING BOILER AND ELEVATOR) INSPECTION, PERMIT AND CERTIFICATE FEES AND ADDING SECTION 10-4(1) TO INCLUDE A NEW PERMITTING CATEGORY ; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 05-00044-summary form.pdf 05-00044-ordinance. pdf Motion by Commissioner Winton, 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 12663 Chairman Sanchez: All right. SR. I is an ordinance on second reading. Commissioner Allen: SR (Second Reading) -- Commissioner Winton: SR. I. Chairman Sanchez: It's ordinance on second reading. Just state -- Commissioner Winton: So moved. Chairman Sanchez: -- your name for the record. Hector Lima: Hector Lima, Director of Building. Chairman Sanchez: There's a motion. Is there a second? Vice Chairman Gonzalez: I second it for discussion. Chairman Sanchez: There's a motion by Commissioner Winton, second by Vice Chairman Gonz alez. It is open for discussion. Before we do that, it's a public hearing. Anyone from the public City of Miami Page 70 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 wishing to address this item, please step forward and be heard. Seeing none, hearing none, the public hearing is closed, coming back to the Commission for further discussion. Commissioner - - Vice Chairman Gonzalez, you're recognized. Vice Chairman Gonzalez: My concern has been answered with this amendment. When this first came to the Commission, I deferred, then I -- we approved on first reading one version of this. Then what we saw on the agenda today was different than what I'm seeing now, but they have just provided me with the correct version of the item, so I'm all right with it. Chairman Sanchez: Are you OK? Vice Chairman Gonzalez: Yes, sir. Chairman Sanchez: Are you OK with the explanation? Vice Chairman Gonzalez: I'm all right. Chairman Sanchez: Any further discussion on the item? If not, 1 just want to state, as 1 stated before, 1 think it's important that we work with Communication to prepare an informative piece to inform the viewers on Net-9 of these changes because I think it's paramount that they understand that we are -- Commissioner Allen: Yeah. Chairman Sanchez: -- doing everything we can within our power to simplify the entire process here in the City, so having said that, its a resolution on second reading. Mr. City Attorney, read the ordinance into the record, and Madam Clerk -- The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: Madam Clerk. Vice Chairman Gonzalez: Roll call. Priscilla A. Thompson (City Clerk): Chairman, please -- Chairman Sanchez: Yes. Ms. Thompson: -- if 1 might, before we take the roll call. I just want to make sure this would be listed as a modification? Jorge L. Fernandez (City Attorney): Yes, that which has been distributed is this item, as modified, correct. Chairman Sanchez: But we need to put it clearly on the record that it's not a significant change to the ordinance -- Mr. Fernandez: It isn't. Chairman Sanchez: -- not requiring it to go back to first reading. Mr. Fernandez: Not at all. This is second and final reading. Ms. Thompson: Thank you. City of Miami Page 71 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Chairman Sanchez: Yeah, I'm getting the hang of the Chair, huh? Ms. Thompson: Well, 1 just want to make sure the record is clear. That's all. Thank you. Vice Chairman Gonzalez: All right. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, modified, 5/0. RESOLUTIONS RE.1 05-00035 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY KIMBERLY DUFF, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF RICHARD BEATTY, DECEASED, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $400,000 (FOUR HUNDRED THOUSAND DOLLARS) 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 KIMBERLY DUFF, ETC., ET. AL. V. CITY OF MIAMI, ETC., ET AL., CASE NO. 02 -23643 CIV-COOKE, UPON EXECUTING A GENERAL RELEASE FOR THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS ON A FORM ACCEPTABLE TO THE CITY ATTORNEY; ALLOCATING FUNDS FROM THE SELF INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.652. 05-00035-cover memo.pdf 05-00035-budget impact.pdf 05-00035-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-05-0158 Chairman Sanchez: OK. We go to RE.1. RE.1 is a resolution. Jorge L. Fernandez (City Attorney): Mr. Chairman, Commissioners, this is a settlement of a pending lawsuit, and we have gone to mediation. This is a federal lawsuit against the City, and at mediation, the City Attorney's Office, with the concurrence of Risk Management, deems it in the best interest of this City to have this matter settled for the amount stated. It's in the case of Kimberly Duff, as personal representative of the estate of Richard Beatty, and it's for the amount of $400,000. Vice Chairman Gonzalez: I'll move RE.2 [sic]. Commissioner Allen: Second. Commissioner Winton: When did this occur? City of Miami Page 72 Printed on 3/2872005 City Commission Verbatim Minutes March 10, 2005 Chairman Sanchez: Wait, wait, wait, whoa, whoa, whoa, whoa. This -- Mr. Fernandez: This occurred in -- Chairman Sanchez: Mr. City Attorney. Mr. Fernandez: Yes, sir. Chairman Sanchez: If you would allow me, there's a motion by Vice Chairman Gonzalez and a second by Commissioner Allen. It is open for discussion. However, I think it's prudent that you advise that we need to be very careful how further along we get in discussion on this. Because if we start heading down the path of a discussion that might hamper this settlement, / would request, before we go any further, that we should have a shade meeting on this. Mr. Fernandez: I don't believe that there is any need for further discussion. Each Commissioner or their respective offices have been fully briefed, and the answer to Commissioner Winton's question is relatively straightforward. This accident occurred in June 6, 2001. Chairman Sanchez: All right. I don't hear any further discussion. It is a resolution. No discussion. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. RE.2 04-01445 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY THE SUM OF $220,000 TO THE LAW OFFICE OF MANUEL CASABIELLE, P.A., IN FULL SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, FOR ATTORNEYS' FEES AND COSTS INCURRED FOR THE REPRESENTATION OF POLICE OFFICER RALPH FUENTES, IN THE CASE OF THE UNITED STATES VS. ACUNA, ET AL. IN THE UNITED STATES DISTRICT COURT, CASE NO. 01-208-CR-GOLD; ALLOCATING FUNDS FROM THE CITY OF MIAMI SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.652. 04-01445-cover memo.pdf 04-01445-budget.pdf 04-01445-resol ution. 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-05-0159 Chairman Sanchez: Moving right along to RE.2. It's also a resolution. Jorge L. Fernandez (City Attorney): Yes. This is also an item being brought to you by the City Attorney's Office with the concurrence of the City Manager. This is a case where we're recommending to you that the City Commission pays the amount of $220,000 to this officer's City of Miami Page 73 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 attorney for his representation in a criminal proceeding in which he was found to be not guilty, and he was fully reinstated to his job. State statute allows you to make one of three decisions: deny his request; approve his request, as made, or approve his request, as modified, after consideration and involvement of the City Attorney in this case and the City Manager. The attorney has asked -- or the individual officer has asked to have his attorney paid in the amount of $362, 000. We have reviewed that, and furthermore, we have forwarded that to an expert on attorneys' fees, who, in our opinion, is very well -- very seasoned and very experienced in these matters, and he has recommended the amount of $220,000 in payment for those fees, with which the City Manager concurs, and that is our recommendation to you at this time. Chairman Sanchez: All -- Vice Chairman Gonzalez: I'll move RE.2 for $220,000. Chairman Sanchez: All right. There's a motion by the Vice Chairman Gonzalez. Is there a second? Commissioner Winton: Second. Chairman Sanchez: Second by Commissioner Winton. It is open for discussion. 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." Motion carries, and before we move any further on this, I just want to state that I think that we have a responsibility to our employees. 1 think that any police officer, any firefighter, or any City employee, which I consider to be the greatest resources to this City, they go out there and they do their job, and they find themselves in a situation where they are in court and they are found not guilty, it is our responsibility -- because the day that we don't do that, we will be sending out a wrong message to our employees, and that's the wrong message to send because I could tell you, morale will sink like it's never sunk in this City before, and I tell you from experience because I once wore a badge. Thank you very much. City ofMiami Page 74 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 BOARDS AND COMMITTEES BC.1 05-00052 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A REGULAR MEMBER OF THE CODE ENFORCEMENT BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Allyson Warren Commission At -Large 05-00052-memo-1.doc 05-00052-Members-2.doc Motion by Commissioner Regalado, 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-05-0160 Chairman Sanchez: Moving right along to the next item, that's RE (Resolution) -- I believe we're done. We go to board appointments? Priscilla A. Thompson (City Clerk): That's correct. Chairman Sanchez: Board appointments? Ms. Thompson: Yes. Chairman Sanchez: All right, BCs (Board and Committees). Commissioner Allen: Yes. Chairman Sanchez: BC -- first item on BC is, here we go, Code Enforcement. All right, what is the wish of the Commission? We -- Commissioner Regalado: I'll move -- Chairman Sanchez: -- have a reappointment as a board member at large. Commissioner Regalado: I move Allyson Warren -- Chairman Sanchez: OK. There's a motion -- Commissioner Regalado: -- an at large appointment. Chairman Sanchez: -- for Allyson Warren. Is there a second? Commissioner Allen: Second. Chairman Sanchez: There's a second. Any discussion on the item? Hearing none, all in favor, say "aye. City ofMiami Page 75 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 The Commission (Collectively): Aye, Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Hearing none, it passes unanimously, and she is very, very dedicated to that board. Commissioner Regalado: She is, BC.2 05-00053 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: Jane Caporelli (Citizen Seat) Gary Appel (Real Estate Broker Seat) Gerald Marston (Landscape Architect Seat) 05-00053-memo-1 .doc 05-00053-members-2.doc 05-00053-Applications-3. pdf 05-00053-Resignation-4.pdf NOMINATED BY: Commissioner Johnny Winton Commissioner Jeffery Allen Commissioner Jeffery Allen Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0161 A motion was made by Commissioner Allen, seconded by Vice Chairman Gonzalez, and was passed unanimously, to reappoint the following individuals as members of the Historic and Environmental Preservation Board: Gary Appel to Real Estate Broker Seat Gerald Marston to the Landscape Architect Seat A motion was made by Commissioner Winton, seconded by Vice Chairman Gonzalez, and was passed unanimously, to appoint Jane Caporelli as a Citizen seat member of the Historic and Environmental Preservation Board. Chairman Sanchez: All right, BC.2, It's a resolution also. It's members of the Historic and Environmental Preservation Board for a term as designated herein. Madam Clerk, can you guys -- can you shine some light on that? Priscilla A. Thompson (City Clerk): OK. On this one you have -- the applications are required We received the applications already. Individuals have been listed, who can be appointed for you. Right now we have appointments to be made by Commissioner Winton, and two City of Miami Page 76 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 appointments to be made by Commissioner Allen. Commissioner Allen: OK. Chairman Sanchez: OK. Commissioner Allen: I'm prepared to go forth. Chairman Sanchez: Yes, sir. Commissioner Allen: Yes. Mr. Chairman, I'd like to appoint Gary Appel as a reappointment, and Gerald Marston as a reappointment, as well. Chairman Sanchez: Any waivers required, Madam Clerk? Ms. Thompson: No, none on those two. No. Chairman Sanchez: All right. Is there a motion to those two names? Vice Chairman Gonzalez: Second. Chairman Sanchez: There's a motion and a second. The motion is made by Commissioner Allen, for the record, and a second by Vice Chairman Gonzalez, a nomination of two na -- two individuals. 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. Is there any appointments on that -- none? Ms. Thompson: Commissioner Winton -- Commissioner Winton: Yeah, I do. Ms. Thompson: -- has one. Commissioner Allen: Commissioner Winton. Chairman Sanchez: Yeah. Commissioner Winton: Jane Caporelli. Chairman Sanchez: OK. There's a motion to appoint -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- Jane Caporelli, a second by Vice Chairman Gonzalez. Does she need any waivers? Ms. Thompson: No, she doesn't. Chairman Sanchez: No waivers needed. All in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 77 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Any other appointments? Ms. Thompson: Not on BC.2. Chairman Sanchez: All right. BC.3 05-00055 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND DEFENSE/ NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mariano Cruz Vice Chairman Angel Gonzalez Manolo Reyes Vice Chairman Angel Gonzalez Gary Reshefsky Commissioner Johnny Winton Kay Apfel Commissioner Johnny Winton Rolando Aedo Chairman Joe Sanchez David E. Marko Chairman Joe Sanchez Luis Cabrera Commissioner Tomas Regalado Jason Manowitz Commissioner Tomas Regalado Albena Sumner Commissioner Jeffery Allen Eileen Broton Commissioner Jeffery Allen 05-00055 memo 1.doc 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-05-0162 Chairman Sanchez: Moving right along, BC.3 is a resolution, and that is the members of the Homeland Defense Neighborhood Improvement Bond Oversight. I have two appointments. Who has appoint -- let's start with you, Commissioner Allen. Commissioner Allen: I would like to reappoint Albena Sumner and Eileen Marcia Broton as a reappointment. Chairman Sanchez: Do they need any waivers? Priscilla A. Thompson (City Clerk): No, they don't. City of Miami Page 78 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Chairman Sanchez: No waivers, OK. Commissioner -- Commissioner Winton: Second. Chairman Sanchez: -- Gonzalez. Commissioner Winton: Oh. Vice Chairman Gonzalez: I reappoint Mariano Cruz and Manolo Reyes. Chairman Sanchez: Any waivers? Ms. Thompson: None. Chairman Sanchez: OK. Commissioner Regalado. Commissioner Regalado: Jason Manowitz and Luis Cabrera. Chairman Sanchez: Any waivers? Ms. Thompson: None needed. Commissioner Regalado: No. Ms. Thompson: They're fine. Chairman Sanchez: OK. Commissioner Winton. Commissioner Winton: Gary Reshefsky and Kay Apfel. Chairman Sanchez: Excuse me? Commissioner Winton: Gary Reshefsky and Kay Apfel. Chairman Sanchez: OK, and I would like -- I guess everybody reappointed everyone, right? Vice Chairman Gonzalez: Yeah. Chairman Sanchez: So I'm going to do the same. I'm going to reappoint Rolando Aedo and David E. Marko, but I think David E. Marko will be resigning this board soon. Ms. Thompson: OK. Vice Chairman Gonzalez: I'll second -- Chairman Sanchez: Voluntary resigning. Vice Chairman Gonzalez: -- all the reappointments. Chairman Sanchez: OK. There's a motion and a second. Ms. Thompson: Who was the seconder? Commissioner Allen: Second. Second. City of Miami Page 79 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Chairman Sanchez: There's a motion by Vice Chairman Gonzalez, second by Commissioner Allen, and let me just clarify something so it doesn't -- David E. Marko has a practice. He is focusing more on his practice, and he's got a lovely wife and he's got -- he's going to apply his times to other things. He's very involved with the City, but this is something he's going to be giving up. OK, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BC.4 05-00057 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ORANGE BOWL ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 05-00057-memo-1.doc 05-00057 MEMBERS 2.doc DEFERRED NOMINATED BY: Commissioner Tomas Regalado Commissioner Tomas Regalado Mayor Manuel Diaz Mayor Manuel Diaz Chairman Sanchez: And we move on the BC.4. We have Commissioner Regalado has an appointment at the Orange Bowl Advisory Board. Commissioner Regalado: I'll defer for the next -- Chairman Sanchez: OK, Commissioner Regalado defers both of his appointments, and I believe the Mayor -- is anyone here -- I'm sure the Mayor would -- Priscilla A. Thompson (City Clerk): He normally would send us the memos for that. Chairman Sanchez: Does he -- Madam Clerk, are you in possession of any other -- Ms. Thompson: No, I'm not. Chairman Sanchez: OK. BC.5 05-00058 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY (MSEA) FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: City of Miami Page 80 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Commissioner Joe Sanchez Allan Rubin 05-00058-memo-1 .doc 05-00058-members-2.doc Chairman Joe Sanchez Commissioner Johnny Winton Motion by Commissioner Winton, 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-05-0164 A motion was made by Chairman Sanchez, seconded by Vice Chairman Gonzalez, and was passed unanimously, to appoint Commissioner Joe Sanchez as a member of the Miami Sports and Exhibition Authority. A motion was made by Commissioner Winton, seconded by Vice Chairman Gonzalez, and was passed unanimously, to appoint Allan Rubin to replace Thomasina Williams as a member of the Miami Sports and Exhibition Authority, with any needed waivers. Chairman Sanchez: BC.5. BC.5 is the Miami Sports & Exhibition Authority. At this time, 1 have an appointment, and at this time, I would like to appoint myself to that board. Vice Chairman Gonzalez: Second. Commissioner Winton: Third. Commissioner Regalado: Fourth. Commissioner Winton: We like that idea. Chairman Sanchez: Why -- Commissioner Regalado: Johnny? Chairman Sanchez: Why is -- Commissioner Regalado: Johnny? Chairman Sanchez: -- everybody laughing? Commissioner Regalado: Why don't you re -- appoint yourself. Commissioner Winton: No way. Commissioner Regalado: And then we -- Commissioner Winton: Yeah. I'm getting away from them. Chairman Sanchez: All right. There's a motion and a second. I will be replacing Mr. Garcia. Priscilla A. Thompson (City Clerk): Right. Commissioner Allen: Um-hmm. City ofMiamr Page 81 Prrnted on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Chairman Sanchez: All right. 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." One nay. No, I'm only kidding. Where are we at? Commissioner Allen: We're at BC (Boards and Committees) -- Vice Chairman Gonzalez: BC.6. Commissioner Allen: -- 6. Chairman Sanchez: BC.6. BC.6 is the Urban -- Commissioner Winton: But did we do B -- Chairman Sanchez: -- Development Review Board. Commissioner Winton: Did we do BC.5? I was asleep? Is that what you appointed yourself to? Chairman Sanchez: Yes, sir. Commissioner Winton: Oh, well, I have an appointment that I need to make because I had a resignation. Ms. Thompson: For -- I'm sorry, for BC.5? Chairman Sanchez: For MSEA (Miami Sports & Exhibition Authority)? Ms. Thompson: For MSEA? Commissioner Winton: Yeah. Ms. Thompson: OK. Chairman Sanchez: OK. Well open -- Commissioner Winton: Yeah. Thomasina Williams resigned. She's moving, and I'd like to appoint Allan Rubin. Ms. Thompson: Allan Rubin? Commissioner Winton: Yeah. Chairman Sanchez: All right. There's a motion. Vice Chairman Gonzalez: Second. Commissioner Winton: With waiver, if he needs a waiver of any kind. I don't -- I think he's not a resident, is he? Chairman Sanchez.- For the record, if -- Commissioner Winton: I think he lives in Coral Gables. City ofMiami Page 82 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Chairman Sanchez: -- it requires any waivers, the motion is with the waivers. Commissioner Winton: Yeah. Chairman Sanchez: There's a motion by Commissioner Winton, second by Vice Chairman Gonz blez. 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. BC.6 05-00059 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD [UDRB] FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Derek Smith Commissioner Jeffery Allen Roger Fry Commissioner Johnny Winton 05-00059-memo-1.doc 05-00059- members-2.doc 05-00059-Applications-UDRB-3. pdf 05-00059-Fry application-4.pdf Motion by Commissioner Allen, seconded by Commissioner Winton, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0165 Chairman Sanchez: We move right along to BC.6, and that is the UDRB (Urban Development Review Board) Board. Commissioner Allen: UD -- Urban Development -- Priscilla A. Thompson (City Clerk): Urban -- Commissioner Allen: -- Review Board. Chairman Sanchez: Urban Development Review -- Ms. Thompson: Development Review. Chairman Sanchez: -- Board. I would like to defer that at this time, my appointment, and I believe that Jeff -- Commissioner Allen, I'm sorry, you have two appointments to the board. Commissioner Allen.: Yes, I do, Mr. Chairman. I'd like to reappoint Marina Khoury and Derek City of Miami Page 83 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Smith, please. Vice Chairman Gonzalez: Second. Ms. Thompson: And we will need waivers because Ms. Khoury has seven absences, so we need a waiver on her as of absences. Chairman Sanchez: Seven absences. Commissioner Winton: Seven. Commissioner Allen: Seven absences. Commissioner Winton: Not so good. Commissioner Allen: Well, let me -- if I would -- if I could, please, can I defer that one appointment? 1'll go with Derek Smith. Chairman Sanchez: Absolutely. Commissioner Allen:: Yes. Commissioner Winton: And, Mr. Chairman, 1 have another resignation. Bernard Zyscovich tendered his resignation, and 1 would like to appoint Roger Fry in his place. Chairman Sanchez: All right, so there's a motion, with waivers, on both individuals that have been stated on the record. There's a motion by Commissioner Allen, second by Commissioner Winton. It is open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." BC.7 05-00060 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: W. Mark Walters Commissioner Johnny Winton Gustavo Godoy Chairman Joe Sanchez Miguel Germain Commissioner Tomas Regalado Bernice Sawyer Commissioner Jeffery Allen M. Athalie Range Commission At -Large Enid C. Pinkney Commission At -Large Eugenia B. Thomas Commission At -Large City of Miami Page 84 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 05-00060-memo-1.doc 05-00060- MEMERS-2.doc 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-05-0166 A motion was made by Commissioner Winton, seconded by Commissioner Allen, and was passed unanimously, to reappoint Mark Walters, Gustavo Godoy, Bernice Sawyer, Miguel Germain as members of the Virginia Key Beach Park Trust, with any needed waivers. A motion was made by Commissioner Allen, seconded by Commissioner Winton, and was passed unanimously, to reappoint M. Athalie Range, Enid C. Pinkney and Eugenia B. Thomas as members of the Virginia Key Beach Park Trust. Chairman Sanchez: We move along to the -- Virginia Key Beach Park Trust, and that is -- I believe that Vice Chairman Gonzalez has an appointment. Vice Chairman Gonzalez: I'm going to defer. Chairman Sanchez: OK, he defers his appointment. Commissioner Winton, you have an appointment, sir. Commissioner Winton: I do? I'm lost. What item is this? Commissioner Allen: We're on -- Chairman Sanchez: Its BC.7, sir. Commissioner Allen: BC.7. Commissioner Winton: No. Mark Walters, reappoint. Chairman Sanchez: Reappoint who? Commissioner Winton: Mark Walters. Chairman Sanchez: Mark Walder. OK, theres's a motion to appoint Mike Walder. Vice Chairman Gonzalez: Second. Commissioner Winton: Mark Walters. Chairman Sanchez: OK. Commissioner Allen: Second. Chairman Sanchez: All right. Why don't we put names out there, and then we'll -- Commissioner Allen: Right. Chairman Sanchez: -- vote on everybody. That way -- Commissioner Allen: OK. City ofMiami Page 85 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Chairman Sanchez: -- we don't confuse -- I have an appointment and my appointment is to Gustavo Gudoy? Priscilla A. Thompson (City Clerk): Yes. Chairman Sanchez: Dr. Gustavo Gudoy. He gets offended when 1 don't call him doctor. Ms. Thompson: So re -- you're -- Chairman Sanchez: Yes, reappointing him. Ms. Thompson: -- reappointing him. Chairman Sanchez: He does attend the meetings, correct? Ms. Thompson: Yes. Chairman Sanchez: OK. All right. Commissioner Allen. Commissioner Allen: Yes. It says here, I have -- Oh, gosh. I1 says here Mayor Allen. I didn't know I was the Mayor. Ms. Thompson: No. We apologize for that scrivener's error. Commissioner Allen: OK Well, I'll -- for a day, if you will, Mr. Mayor. Chairman Sanchez: Yeah. You know what, each Commissioners get a half a mayor for a day. Commissioner Allen: OK, but I have here -- I'd like to make -- in effect, I'd like to reappoint Bernice Sawyer. Chairman Sanchez: OK. Commissioner Allen: It states here that Ms. Athalie Range is an at large appointment, Ms. Enid Pinkney as an at large appointment, and Eugenia Thomas as an at large appointment. Ms. Thompson: That's correct. Those individuals are nominated by the board members and sent to you for your -- Commissioner Allen: Approval? Chairman Sanchez: Confirmation. Ms. Thompson: Exactly. Commissioner Allen: Right, and so, therefore, these are the four names in which I choose to reappoint and to appoint as at large appointments. Chairman Sanchez: I don't think you can do that; can he? Ms. Thompson: They've been nominated by the board members. It's up to you all, if you want to accept those three names -- Commissioner Winton: But -- City of Miami Page 86 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Ms. Thompson: -- and confirm them. Chairman Sanchez: All right, but let's not confuse you. Let's vote on our appointments, and then those three we'll vote on. Commissioner Allen: OK. Chairman Sanchez: OK, so do you have, Commissioner Allen -- Commissioner Allen: OK, yeah. With respect to the reappointment, Bernice Sawyer. Ms. Thompson: Right. Chairman Sanchez: OK. Require any waivers, ma'am? Ms. Thompson: No, no. Chairman Sanchez: No waivers? Ms. Thompson: No. Chairman Sanchez: OK. Commissioner Regalado, I apologize. I skipped you, sir. Commissioner Regalado: No, no. Miguel Germain. Chairman Sanchez: OK, and I believe that does it. The Mayor has an appointment, but he'll proffer those to the Clerk Office. OK, all those names that have been stated for the record, and the motion with waivers and a second also with waivers -- there's a motion and a second. The motion was made by Winton, Commissioner Winton, and Commissioner Allen. Ms. Thompson: Correct. Chairman Sanchez: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously, and now we get to appoint the three individuals that are at large. Commissioner Allen: Yes, Mr. Chairman, 1'd like to recommend what has been requested by the Board, Ms. Athalie Range as an at large appointment, Ms. Enid Pinkney as an at large appointment, and Eugenia Thomas as an at large appointment. Commissioner Winton: Second. Chairman Sanchez: All right, there's a motion -- nomination for Ms. Range, Pinkney and Tom -- Commissioner Allen: Thomas. Chairman Sanchez: -- Thomas. Commissioner Allen: Eugenia. Chairman Sanchez: There's a motion by Commissioner Allen, second by Commissioner Winton. City of Miami Page 87 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." The motion carries BC.8 05-00063 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 05-00063 memo 1.doc 05-00063-MEMBERS-2.doc 05-00063 - Castillo vacancy - 3.pdf NOMINATED BY: Vice Chairman Angel Gonzalez Mayor Manuel Diaz DEFERRED Chairman Sanchez: And we move on to the Finance Committee. Commissioner Allen: BC (Boards and Committees) -- Chairman Sanchez: Vice Chairman Angel Gonzalez has an appointment and -- Vice Chairman Gonzalez: 1 will -- Chairman Sanchez: -- so does the Mayor. Vice Chairman Gonzalez: -- defer my appointment. Chairman Sanchez: Vice Chairman Gonzalez defers his appointment, and the Mayor, Madam Clerk, will provide you an appointment at a later date. BC.9 05-00117 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Andre D. Pierre Commissioner Jeffery Allen Rev. Richard Bennett Commissioner Jeffery Allen City nfMiami Page 88 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 05-000117-memo-1.doc 05-00117-Nominations-2. pdf 05-000117 MEMBERS-3.doc Motion by Commissioner Allen, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0167 Chairman Sanchez: BC.9 is the Community Relation Board. Commissioner Allen, you have two appointees -- appointments. Commissioner Allen: That's correct. Mr. Chairman, I have an Andre Pierre as a reappointment and a Reverend Richard Bennett as a reappointment. Chairman Sanchez: All right. Do they require any waivers, Madam Clerk? Priscilla A. Thompson (City Clerk): No. Chairman Sanchez: Requiring no waivers. There's a motion. Is there a second? Vice Chairman Gonzalez: Second. Commissioner Winton: Second. Chairman Sanchez: Second by Vice Chairman Gonzalez. 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. BC.10 05-00164 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Ashley Chase Commissioner Johnny Winton Antonio Llano Montes Commissioner Tomas Regalado 05-00164-memo-1.doc 0 5-00164-members-2. d o c 05-00164-WAB resos-3.pdf Motion by Commissioner Regalado, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 89 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0168 Chairman Sanchez: And we move on to BC. 10. BC.10 is the Waterfront Advisory Board. Vice - Vice Chairman Gonzalez: I will defer mine. Chairman Sanchez: There is a deferment by Vice Chairman Gonzalez. Commissioner Winton, you have an appointment. Commissioner Winton: Ashley Chase. Chairman Sanchez: There is a motion to appoint Ashley Chase. Commissioner Regalado, you also have an appointment, sir. Commissioner Regalado: Antonio Llano Monies. Chairman Sanchez: OK, those two individuals. Madam Clerk, do they require any votes -- any - Commissioner Allen: Yes. Priscilla A. Thompson (City Clerk): Yes. Chairman Sanchez: -- waivers? Ms. Thompson: Yes. Chairman Sanchez: They require waivers? Ms. Thompson: Yes. Mr. Monies does. Chairman Sanchez: Do the maker of the motion and the second -- Vice Chairman Gonzalez:: Second. Chairman Sanchez: -- accept -- Commissioner Allen: Second. Chairman Sanchez: -- the waivers? They do. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Both individuals have been appointed to the Water Board Advisory -- Waterfront Advisory Board City of Miami Page 90 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 DI.1 DISCUSSION ITEMS 05-00165 DISCUSSION ITEM DISCUSSION CONCERNING A FINANCIAL UPDATE AND A BUDGET OUTLOOK. 05-00165-cover memo.pdf DEFERRED A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Allen, and was passed unanimously, to defer item DI. I to the next regular Commission Meeting currently scheduled for April 14, 2005. Commissioner Allen: And -- Chairman Sanchez: OK, B -- yes, sir. Commissioner Allen: Mr. Chairman, if 1 may, since we're considering board appointments, I have two pocket items that deal directly with board appointments in -- Chairman Sanchez: Well, we're not done, and we'll get to the pocket items. Commissioner Allen: OK. Chairman Sanchez: Pocket items are last. I believe that we still have a discussion concerning the financial update and budget outlook. Commissioner Allen: OK. Chairman Sanchez: It's a -- Joe Arriola (City Manager): I'm sorry. I'm going to ask you to defer that because we just had one two weeks ago, so if we could defer it for the next meeting, I would appreciate it. Chairman Sanchez: OK, we'll entertain that -- Vice Chairman Gonzalez.: Move to defer. Chairman Sanchez: Is there a motion to defer? There's a motion by Vice Chairman Gonzalez -- Commissioner Winton: Second. Chairman Sanchez: -- to defer. Commissioner Allen: Second. Chairman Sanchez: There's a second by Commissioner Allen. Open for discussion. No discussion. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." DI.2 04-01295 DISCUSSION ITEM City ofMiami Page 91 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 SETTLEMENT IN THE MATTER OF NATIONAL ADVERTISING V. CITY OF M IAM I. (BILLBOARD LITIGATION) 04-01295-email.pdf CONTINUED A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Allen, and was passed unanimously, to continue item DL2 to the Commission Meeting currently scheduled for March 24, 2005. Chairman Sanchez: Mr. Mayor. Joe Arriola (City Manager): No -- we --1 think that the DI.2 [sic], we're going to defer that for Jorge L. Fernandez (City Attorney): Yes. Mr. Arriola: -- the next meeting? Mr. Fernandez.: Well continue that to the next meeting. We're very close on -- Commissioner Allen: Right. Mr. Fernandez: -- that settlement. Vice Chairman Gonzalez.: Move to defer DI.1. Commissioner Allen: Second. Vice Chairman Gonzalez: No, I'm sorry, DI2. Chairman Sanchez: DL2 has been deferred or DI.2, there's been a request for deferment. Is there a motion to defer the item -- Vice Chairman Gonzalez: I move it. Chairman Sanchez: -- on the request of the City Manager? There's a motion by Vice Chairman Gonzalez to defer the item. Is there a second? Commissioner Allen: Second. Chairman Sanchez: Second by Commissioner Allen. Any discussion on the item? Mr. Fernandez: Mr. Chairman, just to make sure for purposes of the Clerk, these are continued items because it will be put automatically on the agenda for next time. Chairman Sanchez: Mr. City Attorney, 1 stated very clearly before the Commission meeting that any item pertaining on -- deferred on the regular agenda will automatically roll over into the next meeting on the regular agenda. Any PZ (Planning & Zoning) item deferred will roll over into the PZ item the following month. Priscilla A. Thompson (City Clerk): And the next regular meeting will be April the 14. City gfMiami Page 92 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Commissioner Allen: April 14. Mr. Fernandez: No, but then we really mean for the 24th. We would like the next agenda, if the Chairman is so -- Chairman Sanchez: Point well -- Mr. Fernandez: -- gracious. Chairman Sanchez: -- taken. This item will be deferred to April the 24th. Commissioner Winton: Continued. Mr. Fernandez: March. Ms. Thompson: No, March. Mr. Arriola: March the 24th. Chairman Sanchez: March the 24th. OK, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." City o(Miami Page 93 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 PART B PZ.1 05-00014 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), GRANTING THE APPEAL BY ANDREW W.J. DICKMAN, ESQ., ON BEHALF OF THE MORNINGSIDE CIVIC ASSOCIATION, ROD ALONSO, RON STEBBINS, SCOTT CRAWFORD AND ELVIS CRUZ, REVERSING THE DECISION OF THE MIAMI ZONING BOARD, THEREBY DENYING THE CLASS II SPECIAL PERMIT APPLICATION NO. 04-0198, TO ALLOW FOR NEW CONSTRUCTION FOR THE PROPERTIES LOCATED AT APPROXIMATELY 5301-5501 BISCAYNE BOULEVARD, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." 05-00014 Exhibit A.PDF 05-00014 Fact Sheet.PDF 05-00014 Aerial Map.pdf 05-00014 Zoning Map.pdf 05-00014 ZB Appeal Letter.PDF 05-00014 ZB Reso.PDF 05-00014 Class II Appeal Letter.PDF 05-00014 Class II Final Decision.PDF 05-00014 Class 11 Referral.PDF 05-00014 Drawings.PDF 05-00014 Legislation a.PDF 05-00014 Legislation b.PDF 53&55 COMCC 10MAR05.ppt 53&55 PPT for COMCC.doc 05-00014-Submittal 1.pdf 05-00014-Submittal 2.pdf 05-00014-Submittal 3.pdf 05-00014-Submittal 4.pdf 05-00014-Appeal 5.pdf 05-00014-Submittal 6. pd f Motion by Commissioner Winton, 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-05-0155 A motion was made by Commissioner Winton, seconded by Commissioner Allen, and was passed unanimously, with Commissioner Regalado absent, to instruct the Administration to review the rules and regulations of the SD-9 classification on the properties on the east side of Biscayne Boulevard that are fronting Morningside, and bring back a recommendations for appropriate height limitation. Chairman Sanchez: We'll go to PZ (Planning & Zoning) item -- the PZ item. All those wishing to address this Commission or testify in front of this Commission, please stand up and raise your hand and be sworn in by the City Clerk. I apologize. I've been informed by the -- we don't need a recess of -- City ofMiami Page 94 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Jorge L. Fernandez (City Attorney): No. Chairman Sanchez: -- the Commission meeting because it is on the agenda, so I apologize for that, so -- Unidentified Speaker:: These two -- Chairman Sanchez: -- there is no recess. We just go to the PZ item. It was properly advertised on this agenda. I just want to clarify that. All right, Madam Clerk, swear them in. Priscilla A. Thompson (City Clerk): Everyone who's going to testify on a PZ item, please --1 need you to please stand and raise your right hand. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. Chairman Sanchez: All right. Anyone acting as a lobbyist in front of this Commission must be registered under City ordinance with the City Clerk. Anyone making boisterous or remarks that are offensive to anyone will be politely and respectfully escorted out of the Commission. You have an opportunity to obtain an agenda within five days of the Commission by contacting the City Clerk, and anyone who wishes to address this Commission just needs to check in with the Clerk, register their name, and then come up and state their name and address for the record, so we'll go -- this is PZ 1. Its an -- and it's an appeal? Lourdes Slazyk: Correct. For the record, Lourdes Slazyk, Planning Department. PZ 1 is an appeal of a Class 11 Special Permit that was approved by the Planning Director on October 27, 2004, for new construction. The application was appealed and heard before the Zoning Board. The Zoning Board denied the appeal and upheld the Director's decision, and what's before you today is an appeal of the Zoning Board's decision. The Planning Department recommends denying the appeal and upholding the Zoning Board's decision, and in cases of the appeals, the appellant will go first. Chairman Sanchez: Absolutely, the appellant will go first, then the applicant, and then the appellant, I believe, has time for rebuttal. Andrew Dickman: Good morning, Commissioners. I'm Andrew Dickman, representing the Morningside Civic Association. My law office is located at 9111 Park Drive, in Miami Shores, Florida. In addition to my license to practice law in Florida, I'm also a certified planner under the American Institute of Certified Planners. I'm a board member of the Miami section of the American Planning Association, and I have a master's degree in urban and regional planning from the College of Architecture at University of Florida. Today we're appealing this permit because one, it approves a condominium development that is inconsistent with the City's Comprehensive Plan; two, because it contravenes Section 1305.2 of the City's Zoning Code, and three, because it is not compliant with the current SD-9 zoning, and you will hear from Ms. Jonel Newman, also an attorney with the Association, on that issue shortly. As you already know, the City is required by the State to adopt a comprehensive plan consisting of goals, objectives and policies, and a future land use map. The state law also gives a person the definition of which is a neighborhood association to enforce the comprehensive plan through an appeal, ifa development permit is inconsistent with your comprehensive plan. This law, codified in Section 163.3215 in the Florida Statutes, and subsequent interpretations by Florida courts, actually liberalizes the standing requirements, specifically put, because the legislature wanted citizens who are negatively affected by development to be able to enforce their comprehensive plans in the municipality. Your comprehensive plan is much more than a future land use map. It is a set City of Miami Page 95 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 of detailed policies supported by in-depth data and analysis, which are geared towards managing the City's growth long into the future. You don't have a choice. You must follow this plan. There are many policies in your Comprehensive Plan that say you should protect existing neighborhoods from incompatible developments. There's no need for me to recite these policies because I'm certain you and your Planning Department know them, but I am putting into the record a list of policies in your Comprehensive Plan that supports this argument, and I'll have that submitted after my presentation, so that I can be more brief as Exhibit A. Our second argument is predicated on the legal doctrine that your Zoning Code is not a maximum entitlement; that the City does have legal authority to limit property owners' development, if based on valid reasons and if it does not take away all reasonable use of the property. The SD-9 and office zoning of this property allows for up to 1.72 FAR (Floor Area Ratio), 85- or 95-foot height limits, depending on the type of development, and setbacks. The law says that this is a maximum, not an entitlement. Your Zoning Code also says that, in addition to the applicable zoning district, a development must comply with the City's design review criteria, codified in Section 1305.2. This is, as you already know, an objective list of requirements focused on the design of the project and how it fits into the neighborhood. This section also says the City must take into consideration a master plan that is in place. The only master plan currently in place and adopted by this City for this area is the Upper Eastside Master Plan, which calls for low-rise development adjacent to single-family neighborhoods. The SD-9 zoning overlay is not a plan; it is simply a maximum limit. This applicant is asking for the maximum development allowed under the zoning district; yet, your code and applicable case law gives you the responsibility, as a matter of public policy, to balance the applicant's rights with the needs of the neighborhood. Of course, you can't deny the applicant all reasonable use of this property, nor can you allow the development to harm the neighborhood. Within this range of possibilities and considering the neighborhood context, 35 feet is the proper scale for this project. The Comprehensive Plan supports this; the Zoning Code supports this, and the case law supports this. For the record, I'm submitting a list of cases that stand for the proposition that a property owner is not guaranteed the most profitable use of his land and that the local government is well within its police power, without takings liability, if their decisions are not arbitrary and allow some economically viable use of the land, and again, I will submit that as Exhibit A as the other presenters are coming forward. Having said that, I'd now like to produce Mr. Elvis Cruz, who is a member of the board and has a presentation for you. Elvis Cruz: Good morning, gentlemen. I'll try to make this as brief as possible. Elvis Cruz, 631 Northeast 57th Street, Miami. Gentlemen, FAR is a maximum, not an entitlement. Proposed buildings must also comply with Section 1305 of the Zoning Code. Here is the design review criteria set forth in Section 1305: Respond to the physical, contextual environment, taking into consideration urban form; respond to the neighborhood context, create a transition in bulk and scale. The proposed buildings failed to meet these criteria from three perspectives. First, the width of the street. Biscayne Boulevard is only 80 to 100 feet wide at this point, relatively narrow for a commercial street. This is because Biscayne was never designed to be a commercial street, but was pieced together in the late 1920s by connecting a series of streets through residential single-family neighborhoods. This is why Biscayne curves and doglegs. Accordingly, the lots along Biscayne were originally platted for single-family homes and are, therefore, very shallow. This is why there are still 15 of those original single-family homes still standing on Biscayne Boulevard above 36th Street, and why the lots in question are only 127 to as little as 100 feet deep. What is proper scale for 100-foot wide commercial street like Biscayne? Here's the Miami -Dade County Planning and Zoning Department's Urban Design Manual. On page 14 it shows the preferred scale as having three-story buildings. I quote, "In this preferred example, the ratio is slightly less than one to three. Human scale is achieved by a tight section, including landscape, three-story buildings, and an arcade and awnings, which result in a comfortable space." Here are some illustrations from this same manual. They show two- and three-story buildings as example of proper scale on a commercial corridor. The second perspective is the physical, contextual environment taking into consideration the urban flum of Biscayne Boulevard, which is from 48th Street, with wide median ends, northward to the City o/Miami Page 96 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 city limits at 87th Street, is a distance of 2.48 miles; yet, there are only 14 buildings higher than two stories, and over 95 percent of the properties are two stories or less. There are only two buildings in that 2.48-mile stretch that are as tall as those proposed. One of them is the immigration building at 79th Street, a major intersection where a larger building is properly located. The other, at 5701, was built illegally in 1973, in that it did not have enough land area, which was discovered after it was built, and so the developer had to buy the house behind it in order to achieve -- in order to receive a Certificate of Occupancy. Therefore, this building is not a valid example of existing scale, but it does show what will result if these buildings are allowed. The white wall on the right is 95 feet high, similar to the heights proposed. Look at how out of scale the building is to the house behind it. Additionally, there is a wide parking lot between that building and that house. The proposed projects would have a rear setback as small as five feet. Here is the City of Miami Planning Department's publication for the Biscayne Boulevard charette. Commissioner Winton outlined the City's goals. The plan will establish standards that emphasize a human scale, pedestrian friendly boulevard that promotes compatible development to respond to the context of the boulevard and its immediate surrounding neighborhoods. This publication has seven photographs and drawings of examples of good urban design and proper human scale for Biscayne Boulevard. All seven exhibits depict two- and three-story buildings as examples of good design and proper scale, and here is the consultant's initial recommendation from that charette: A height limit of three stories or less at this location. Also, 1305 speaks of master plans. Special consideration shall also be given to redevelopment activity, where a plan is in place. A plan shall mean a master plan. Here is the City of Miami Planning Department's Upper Eastside Master Plan, a three-year effort begun on March 28, 1996, and which recommends a height limit of only 30 feet on parts of Biscayne. The third perspective deals with responding to the neighborhood context. The neighborhood abutting the proposed site is the Morningside Historic District, Miami's first historic district since December 20, 1984. It is zoned R-1; has been there for over 80 years, and is a thriving, integral part of Miami's history and economy. Morningside was also declared Miami's first National Historic District on October 2, 1992, and Commissioner, I heard your comments about the Women's Club, and I thank you very much for that, and I hope that you're successful with that effort. Also, opposing counsel makes it a policy at every one of these hearings to point out that other properties have not been abutting a historic district. These properties do abut a historic district. Here are scaled drawings of the buildings with the adjacent single -story, single-family homes. You can see the designs overwhelm the single -story houses next to them. Biscayne would become a 100- foot concrete canyon. Notice the existing two buildings at right of center. Here, you see the incompatibility with the neighborhood context and how they would be out of scale and cast shadows on the neighborhood. Also, as proven by Florida case law, 35 feet is an accepted proper scale for buildings adjacent to single-family homes. From the Fifth DCA (District Court of Appeals) Battaglia Properties versus Florida Land & Water Adjudicatory Commission, the 35 -foot height requirement appears to be reasonably related to the stated policies of both Orange County and Maitland to preserve the residential nature of the area. Lastly, this continuing pattern of high-rise development along Biscayne Boulevard will have an adverse effect on the area. The boulevard is already beyond capacity. Here is the Florida DOT's (Department of Transportation's) map showing the Biscayne corridor. The red color -coding you see means it has a grade of "F, "just like on a school report card. In summary, please note that none of these arguments are our opinions; they are objective, impartial standards set by neutral third parties and governmental entities, including the City of Miami. This substantial, competent evidence shows 35 feet to be the proper scale for buildings at this location. The buildings do not even comply with the amended SD-9, which set a height limit of 85 or 95 feet, with a 45-degree sloping setback above 25 feet. While these applicants may argue that they should be grandfathered from the SD-9 amendments, they are not grandfathered from complying with 1305 . All the previous examples of 35 feet as proper scale can be applied as an interpretation of 1305 because FAR is a maximum, not an entitlement. Gentlemen, today is the 20th time that the Upper Eastside neighbors have come to City Hall to fight against high-rises. At this time, I ask those in support of our appeal to please stand and be recognized. Thank you. This concludes my presentation, and we were going to have a different speaker, but Ms. Jennifer Simpson is City of Miami Page 97 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 under the weather and has lost her voice, so if I can have another minute. While we sincerely believe that 35 feet is the appropriate scale for Biscayne, we remember that when the 51 st and 52nd Street buildings came before you, they were made to comply with the amended SD-9. Should you decide to do the same in this case, there are two important points we'd like you to consider. First, please specify that the 45-degree angle building height limit shall begin from the rear setback points of the SD-9 lots, and not from any R-1 lot, as is stated in the language of SD- 9. Second, throughout the charette and the subsequent SD-9 amendment process, we were told that building height limits were just that, the height of the building. For example, SD-9 says a mixed -use building can have a maximum building height of eight stories or 95 feet, which makes sense, because buildings usually have afloor interval of ten feet, which would make 80 feet and still allow 15 feet for a slightly higher first floor, and for rooftop utilities, stair towers, elevator overruns, parapet walls, et cetera, but now we are told that the 95 is only for the height of the roof above an inhabited floor with no apparent height limit for utilities above that. The language of SD-9 says "building height maximum." It does not say "roof height maximum." Please do not allow any part of any SD-9 building to exceed that height. Please approve our appeal. Thank you. Mr. Dickman: Commissioners, we have two experts that will come up in a moment, but at this time, I'd like for Ms. Jonel Newman to come up and speak to the SD-9, the timing of the amendments, and also the timing of the applications, along -- followed by Christina Grass, who is another board member of the Association. Jonel Newman: Thank you, Commissioners. My name is Jonel Newman. 1 am acting as an attorney for Rod Alonso on a pro bona basis. I also live in the neighborhood that's directly affected by this -- by these projects. I filed a motion with a brief for the record, and I'll summarize briefly what I think are two very important points. The first is that this is the second time this Commission has had to be called upon in a Zoning Board appeal to enforce its new SD- 9 amendments. This is a pretty simple question, if you ask me. On April 29 and on July 22, this Commission approved amendments to the SD-9 Overlay District that directly affect this property. This is the same developer. It's the same Zoning Board result that was in front of you in November, just two different blocks in the same area. We need to send this back to Zoning with a message that the reason you passed it was not so people could ignore it, but in fact, that the zoning that you enacted last year is a real law and it needs to be enforced. I have explained in the brief that I f led with you, at paragraph 5, at least six ways that these projects are out of compliance with the existing SD-9 amendments. The developer has had plenty of notice; the public has had plenty of notice that these amendments are real; that these amendments have gone into effect, and this project was not even submitted until after the amendments were passed. The project was approved well after your amendments were passed. The project was approved in October, and frankly, we believe that it's absurd that the Zoning Board ignored the appeal the first time, and we'd like you to have the same result with these projects that you had last November; send them back, have them comply with your existing zoning law. Thank you. Chairman Sanchez: Thank you. Mr. Dickman: Mr. Chair, if I could, the developer's architect has indicated that he has to go, and we've agreed to go ahead and let him make a presentation on the record, and then we'll resume, if you don't mind -- Chairman Sanchez: All right. Mr. Dickman: -- our presentation. Chairman Sanchez: I don't mind, at all. Mr. Dickman: OK. City o[Miami Page 98 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Chairman Sanchez: I think that's very nice of you. Commissioner Allen: Right. Mr. Dickman: Yeah. Chairman Sanchez: OK. Lucia Dougherty: Bernard Zyscovich, who is the architect for the project, is just going to make a presentation. Then, after they conclude theirs, I'll make my presentation. Chairman Sanchez: And then we -- OK. Just as long as we keep it in order, OK? Bernard Zyscovich: Is this on? Thank you. My name is Bernard Zyscovich. Thank you very much. I actually have to address the School Board to talk to them about their properties in Omni, and the meeting is for that and that's scheduled, so thank you very much also. I would like -- I'll be very brief. When we began the project, as you all know -- and I'm sure you'll hear testimony -- we began with several iterations, which included 135 feet; other iterations down to a smaller scale. What has really come down to the core essence of the project, from our perspective, is the fact that the 95-foot height, which is the SD-9 requirement, is still 95 feet high. From the standpoint of the floor plan and site plan, we have dedicated basically more than half of this block to green space, which is accessible to the public. The setback is still the same setback that's allowed in SD-9, and the building height and the overall impact of the building is the same, exactly as what would be allowed in SD-9. The difference is that the podium height facing the residential neighborhood in our plan is 40 feet, and for the record, it's important that you understand that our client and developer has agreed to go underground already with a single -story of parking, so we're going to the extra expense and effort of doing that, and we've also retained Kimley-Horn as our landscape architects to basically come up with a green wall so that when you look at it in scale, you will see that the podium of 40 feet is actually covered entirely in a layer of vines, bushes, and trees, which will obscure the wall from the standpoint of the impact. Now, when you actually get to the point of looking at the perspective sketch, which I'll show you here, actually as an elevation from the rear -- because I think what we're really talking about is the single-family experience, not the Biscayne Boulevard experience. I'd like to draw to your attention to one thing. What we're really talking about here in terms of the difference between what's allowed today and the time that we submitted is this wall coming down 15 feet. When we do that, if that were to be the case, what would end up happening is you would actually see more of the building, so a 25-foot high green wall versus a 40-foot high green wall, still with the height of the building in exactly the same location, is essentially the issue of how much of this green wall will you be seeing versus how much of the building will you be seeing. Now, if you go to Miami Beach and you look at one of the parking garages there that was done by Arquitectonica -- an extremely good project -- you can see how even a six -story building can be covered in vines and green. We have done everything possible, including -- I can tell you from our perspective -- we were hired in 2003, early 2003. We have been through this iteration process many, many times, including appearances before the boards, and we have brought this building down as much as makes sense from the standpoint of the development objectives. When you look at the renderings, you can see that we've gone to great expense to create a series of materials and aspects of the design that also layer the entrance into the building from an aesthetics of Biscayne Boulevard, so very briefly, the material pallet is perforated metal for this screen, blue glass, a green -white glass on the other building, perforated stucco aspects in terms of how we're going to be decorating the building, an entire green wall with a very, very lush landscape to the rear, so the point is that this is not going to be an inexpensive building; it's going to be a very high -quality building, and we've gone to significant efforts in order to accommodate all of the concerned parties, including meetings with the community, doing all the things that were required of us from that perspective, and I'd like to address two more things and City o(Miami Page 99 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 then 1'll be very happy to stop. One is, the 100 foot width is actually one of the bigger widths in the City. As you all know, we do a lot of urban design within the City. The average right-of-way width in the City of Miami is 60 feet, especially through the downtown core, so 100 foot wide, if you were to go to a renaissance perspective of a space of height versus a space of width, if it was a one-to-one ratio, that would give you 100 foot high building, and that is considered the golden mean, that is, from an urban perspective, extremely satisfactory in a building, so here we have a City that was never intended to be this big, but we have a growing City, and Biscayne Boulevard is, in fact, the major corridor of the City, and it is not unreasonable to think of 100 foot wide corridor having 95 foot high buildings, and in fact, that's what your Code says, and then secondly, the aspect of the evolution of Biscayne Boulevard needs to be considered as the public thoroughfare as well, and the concept of a building that addresses single-family is very rightly taken by the people within the community, and I think that your Code has already significantly reduced the amount of development that would have otherwise been possible, and we believe our project is, with the exception of this one podium issue, completely in compliance with and in context with the codes that you intend. It also has been upheld by your own Planning Department and your own Zoning Board, and with that, I'll conclude my presentation. Commissioner Allen: Thank you. Mr. Zyscovich: Thank you. Commissioner Allen: OK. Could I -- Mr. Chairman, I notice Mrs. Lucia had stepped up to the podium. I don't want to pre-empt the flow of things, but if I could just -- Chairman Sanchez: We're trying to maintain order here. I think that Lucia's going to -- Mr. Dickman: My understanding was that the architect was going to present, and if you have any questions for him now -- Chairman Sanchez: Now would be the perfect time. Mr. Dickman: -- you're probably -- now would be -- Commissioner Winton: He's leaving. Mr. Dickman: -- the time because he's going to be gone. Chairman Sanchez: Yeah. Commissioner Allen: Right. Mr. Dickman: And then -- Commissioner Allen: Right, yeah. This question doesn't go to the architect, I was wondering. Lucia Dougherty, if I could. Mr. Chairman, it's a quick question. It's just a query. Now, I'm looking at most of this information. I've studied it. Obviously, a number of things happened before my appointment, so I guess my question is, when this app -- when was this application filed? Was it filed -- Mr. Fernandez: Mr. Chairman. Chairman Sanchez: Yes. Mr. Fernandez: Excuse me. The appellant is correct. His deference -- City gfMiami Page 100 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Commissioner Allen: Yeah. Mr. Fernandez: -- was only to the architect for a presentation. You're asking a legal question that Ms. Dougherty would be in a position to answer during her presentation. Commissioner Allen: OK. Mr. Dickman: And I'm sure she's not going anywhere. Commissioner Allen: Right. Chairman Sanchez: All right. Does anybody have -- Mr. Zyscovich: Thank you for the concession. Chairman Sanchez: -- any questions for the architect? Mr. Zyscovich: 1 appreciate it. Chairman Sanchez: No, thank you -- Mr. Dickman: Absolutely. Chairman Sanchez: -- very much. OK. Now, you may proceed. Mr. Dickman: Thank you. At this time, I'd like to ask Christina Grass, who's a board member of the Association, to come up and make a presentation. Christina Grass: Good morning, Commissioners. My name is Christina Grass. I live at 611 Northeast 51 st Street. That's in Morningside directly. Dear Commissioners, I submit that the City of Miami Planning and Zoning Department overlooked the design review criteria set forth in the ordinance when approving the Class II permits at 5301 and 5501 Biscayne Boulevard. The proposed buildings fail to respond to the physical context, the surrounding urban form, and the natural green areas that characterize that portion of Biscayne Boulevard. The City of Miami design review criteria checklist makes mention how these buildings on two prominent corner lots are not oriented to the corner and public street fronts. Their citing does not minimize the impact of automobile parking and driveways on the pedestrian environment and adjacent properties. The checklist also mentions that the design of the elevations do not respond to the human scale. The proposed elevations fail to provide active design development and, instead, provide lackluster, blank facades. The checklist reinforces the fact that the parking garage structure is not adequately screened. The drawings presented to the Design Review Board are incomplete because they fail to address signage and lighting as appropriate design elements that will impact the immediate neighborhood. Furthermore, the proposed building show a complete disregard for the FDOT (Florida Department of Transportation) Biscayne Boulevard Reconstruction Project, which has been underway for at least five years. Thousands of man-hours have been expended by the neighborhoods in the surrounding -- and in the surrounding neighborhoods to make sure that the proposed Biscayne Boulevard reconstruction is sensitive to the urban scale and sense of place that distinguishes such an important traffic corridor. The FDOT plans are very detailed with respect to curb cuts, median strips, road closures, greenways, and physical transitions from the boulevard itself to surrounding streets. The site plans for these two projects are insensitive to the pedestrian environment and adjacent properties abutting the east side of Biscayne Boulevard. In reviewing the Class 11 Special Permit application for 5501 Biscayne Boulevard, the Planning and Zoning Department noted, "that the truck loading bay turning radius is insufficient. The aisle width is too narrow to accommodate maneuvering into and out of a loading bay for a single unit truck." The exterior elevations of these two projects also fail to City of Miami Page ioi Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 comply with the design review criteria set forth in the current and applicable Zoning ordinance. The Planning and Zoning Department overlooked that the proposed building facades failed to relate and conform to the existing structures in the neighborhood. There is a total lack of balance in the articulation of vertical and horizontal elements within these proposed elevations. These two projects possess no evident or identifiable architectural style and are missing their articulation of details that so clearly distinguishes the surrounding streetscapes. Architectural elements, such as roof lines, fenestration patterns, lack of proportion and a very weak design composition fail to respond to the neighborhood context. The appearance of these two proposed projects do not derive from the urban environment that characterize the surrounding streetscapes. The building elevations do not conform to the existing structures in the immediate vicinity, for these are all single two-story homes or two-story commercial structures with a narrow perpendicular elevation fronting Biscayne Boulevard. As a matter of fact, the initial report prepared by HOK (Hellmuth, Obata & Kassabaum) for the City of Miami clearly recommends a height -- a story of three stories or less for the east side of Biscayne Boulevard from Northeast 37th to Northeast 62nd Street. HOK also made a point to note that in the east side neighborhood, such as Morningside and Baypoint, zoning allowances must be balanced with the appropriate scale and development opportunities. Furthermore, the proposed site plans are indicative of how much green area is being taken over by hard asphalt, and will serve to negate the pedestrian interaction between the surrounding neighborhoods and Biscayne. More specifically, the proposed green space is to be installed at 55th Street and quite evident in the FDOT Master Plan is obliterated on the north side of 5501. These projects fail to respond to the scale of a pedestrian by denying a sense of proportional entrances and inviting elevations on all four sides. These projects result in design facades that not only respond to -- that only respond to the automobile and not the pedestrian. There are a long expanses of repetitive walls with no residential design elements. These elevations are totally polarized from the exterior walls that characterize the residential streetscapes of the surrounding neighborhood. These two proposed projects have height far above the roof level height indicated in these plans. This is deceptive because a decorative parapet rises yet another full story above the indicated roof level. A review of the position of the loading berth showed that the maneuvering that will be required of any truck driver will result in hazardous conditions between Biscayne Boulevard and 53rd Street, 55 th Street, and 55th Terrace. The ground floor plan of 5301 even shows a circulation path of the truck going over the elements that defines the street closures at 53rd Street and 55th Street. In reviewing the ground floor plans carefully, you will see that the north and south sides of these projects are nothing more than fields of asphalt. Contrary to the design review criteria regarding screening, the two ground floor plans fail to screen elements, such as Dumpsters, utility meters, mechanical units, elevator banks, fire stairs, and service areas from the street and adjacent properties. The levels of parking garage are not articulated in any fashion and do not take into account the trellises, landscaping or other suitable design elements in the design review criteria. On behalf of the Morningside Civic Association and other surrounding neighborhoods, we implore you to deny this Class II Special Permit for these two projects and have them sent back to the City of Miami Planning and Zoning Department so that they can incorporate the FDOT Biscayne Boulevard Reconstruction Project and adhere to the design review criteria set forth in Section 1305 of the Zoning Ordinance. I close with a quote from Commissioner Winton. 'Any development on Biscayne Boulevard, any development from yesterday and day before yesterday and today and tomorrow on any of it has to meet our new SD-9 Code, period. Any of it." Thank you. Mr. Dickman: Commissioners, I'm going to ask our experts, Mr. Arthur Marcus, who is the architect, will address the design -- our design issues, and Mr. Eran Spiro, who will come up and address our urban planning issues, the context to the neighborhood. While they're coming up, I'll go ahead and put into the record their resumes and presentations. Gentlemen. Mr. Arthur Marcus, and before you get started, would you please put in the record a brief overview of your expertise? Arthur Marcus: Good afternoon. Arthur Marcus, 1450 Lincoln Road, Miami Beach, Florida. City afMiami Page 102 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 As a professional architect for over 30 years, with a far-ranging practice, I am supporting the appeal by the Morningside Civic Association of the City of Miami's decision to permit the two condominium buildings proposed to be constructed at 5301 and 5501 Biscayne Boulevard. Through my involvement as past chairman of the Miami Beach Design Review and Historic Preservation Board -- I'm on the executive board of the Miami Design Preservation League and I was a member of the Save Miami Beach Movement -- I've learned that critical issues, such as neighborhood context, building height and massing, open space between buildings, contextual scale, and the ability to see the sky do matter deeply to all of our residents and can have a long - ranging effect upon the quality of life in our neighborhoods. We have also learned that over- development can truly be detrimental to a community's health and well-being. New construction in such a low scale, charming neighborhood, such as Morningside, should respect and take design cues from the surrounding urban context. Through the use of a series of step building blocks, the transition from one- and two-story residential structures to high-rise buildings lining a commercial corridor should, in deed, form a gradual transition and not a virtual wall of building. These proposed projects fail to respond to the architectural and urban context of the Morningside neighborhood. They fail to create an urban design transition of building mass and scale which respects the existing surrounding streetscape rather than smothering it. The principle of transitioning building mass and scale is supported not only by commonly accepted contemporary urban design principles; it is also supported by your own governmental advocates . The Miami -Dade County Planning Department's Urban Design Manual has already illustrated examples of the proper scale for the juncture of such residential and commercial corridors. The new City of Miami SD-9 Overlay District also clearly illustrates this transition as a 45-degree angle line of step development, and Florida case law has, in the past, supported height limitations in order to preserve and protect the integrity of residential neighborhoods adjacent to similar large scale development. It is unfortunate that the City of Miami has overlooked its own criteria with respect to this relative building scale. Thus, I recommend that you not only listen to the arguments of your own residents and constituents; listen to your own government zoning experts in limiting the maximum building height of 35 feet as the appropriate height for buildings proposed to be constructed adjacent to these historic residential neighborhoods, and remember that you, as a Commission, unanimously set the precedent back in November of last year, when you sent the proposed projects at 5101 and 5225 Biscayne Boulevard back to Planning and Zoning for redesign according to the SD-9 Overlay District regulations. One last point needs to be addressed regarding design of the eastern facades of these buildings, which face directly into the neighborhood. These east facades, whether they're green or not green, appear to be far too corporate and far too monolithic to respond to the charms of this historic district. These east elevations merit the same type of architectural design attention that has obviously been shown on the western sides of these buildings. Right now, these buildings literally turn their back onto Morningside. The design elements on these eastern facades should be loosened up and made more neighborhood friendly. This is not a government or a corporate building. I invite you to stand in Morningside, right next to one of these adjacent one-story structures and all you're going to see is a wall that's 45 feet tall. Whether it's green or not green, it's still a parking garage. The architects for these buildings are certainly talented enough to further study these designs and create a garage back -of -the -building facade experience that responds much better to the adjacent neighborhood context. Right now, with -- right now, these -- this elevation looks like a suburban shopping center garage building, and whether it's green or not green, again, this type of structure is not appropriate next to a historic district. In closing, I strongly recommend that you, too, return both of these projects to Planning and Zoning so that they may properly address and apply the design review criteria outlined in Section 135.2 of the Zoning Ordinance. Thank you. Mr. Dickman: Commissioners, our urban planning expert, Mr. Spiro is going to come up, and I want to put on the record, he is also not being paid; he's doing this pro bono. Eran Spiro: Good afternoon, honorable Commissioners. I have been practicing urban planning City of Miami Page 103 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Chairman Sanchez: Sir, we need your name and address, please. Mr. Spiro: Yeah. My name is Eran Spiro. I live at 431 Northeast 53rd Street, Miami, 33137, in Morningside. I have been practicing urban planning and design since my graduation with a master in urban planning in 1968. I have a long career in working for both government and private enterprise, and I wholeheartedly support informed and rational urban development. There's no doubt that the growth of our City is unquestionable and should proceed in proper and sensible manner. It so happen that I reside just down the street from the proposed development; to be exact, about 300 feet from it. As far as I'm concerned, looking at the drawing and studying the area, 1 think that it totally is out of scale with our neighborhood. I have made a little crude scale model that I will show you in a moment, and I feel that not only it is -- ignores the community scale of Morningside; contextually, it would create an environmental hardship for the people that live in our blocks from 5th Avenue all the way up to Biscayne, which is about 5 -- 600 feet wide in that area. It would block sea breezes from the bay and create an ( UNINTELLIGIBLE) version, resulting in increased heat and glare in the community. The microclimate of Morningside will be altered and naturally, there will be an increase in noise and air pollution. The proposed high-rise development merely consider its position on Biscayne Boulevard, while disregarding its relationship to the adjacent historical residential community a mere seven feet away. Not only will such a building create an unsightly visual and physical barrier, but will introduce an oppressive tone to a community that has peacefully coexisted with nature and its neighbors for many years; to be exact, about 80 years. Additionally, the cumulative effect of overloading Biscayne Boulevard with high-rise building, especially in its narrow junctures, will result in a traffic nightmare. The consequences of such inconsiderate plans or lack of it are, at best, unsightly and potentially disruptive to the residential fabric of the Biscayne corridor. I appeal to you to please follow the recommendation of our Planning Department master plan for the Upper Eastside that was promulgated and adopted by the City of Miami when it called for building, not exceeding 35 feet in height, to be constructed on Biscayne Boulevard, along its eastern boundary, with the historical Morningside community. Thank you very much for your kind and favorable consideration. Now, if you just look at this plan, the side of it, this is an SD-9. This is not what was drawn by the architect. I have built a little crude model -- and I apologize; took me half an hour. I used some cardboard -- just to show you exactly what is the reality will happen in this area. This is the building on SD-9. This is 25 feet, not 45 feet. Forty-five would be about here, and this is the existing residential building adjacent to it. 1 wonder if anybody in this room would like to live like this. Thank you very much for your time. Mr. Dickman: Commissioners, at this time, I'd like to ask any neighbors supporting the appeal to come up and speak, if they wish. Alfred Sasiadek: Good afternoon, Commissioners. My name is Alfred Sasiadek. 1 live at 463 Northeast 55th Terrace, which is two houses removed from where these projects will be built. I've lived there for 17 years. I have with me four letters of opposition signed by the four immediate neighbors to the project, and I would like to read it, and I'm going to present it to the Clerk. To the Miami City Commission, letter of opposition to proposed buildings at 5301 and 5501 Biscayne Boulevard, on the March 10, 2005, agenda. "Dear Commissioners, I, Godfrey Murray, own a house at Morningside directly behind the proposed condo project at 55th Street on Biscayne Boulevard. My home's address is 420 Northeast 55th Terrace. I'm opposed to the height of these buildings. It would block my sunset and view of the sky and intrude on my backyard privacy. Please support the appeal of the Morningside Civic Association and do not allow these buildings to be taller than 35 feet. Thank you." Signed Godfrey Murray. Now, I also brought my own model. I brought a full-scale sized model with me today. If you Commissioners would notice, the wall behind you is approximately 35 feet tall, which is five feet shorter than the planned parking garage, and you are about -- sitting about five feet away from that wall. If you would bear with me and please stand up and take a look at the top of that wall, City of Miami Page /04 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 if you would, please. Commissioner Allen: Certainly. Mr. Sasiadek: Now -- it's pretty big. Now, imagine that wall being green. Is it less visible? I don't think so. In addition to the traffic, we've all heard about Biscayne Boulevard being rated " F" by FDOT. The improvements being planned by FDOT are going to eliminate the left -turn capabilities to all of the subject properties, all four of them. The resulting access from the south or egress to the south will require U-turns, and backtracking, doubling the traffic effect on the boulevard. Also, the 5501 project is right where there's a sharp bend in Biscayne Boulevard, which has been a dangerous curve in the past; it's been the site of numerous traffic accidents and a recent fatality, so I would suggest that you not approve these projects, as they are planned. Thank you. Commissioner Allen.: Thank you. Vice Chairman Gonzalez: Yes, ma'am. Carol Ann Hallam: Good morning. My name is Carol Ann Hallam. I live at 430 Northeast 51st Street, Miami, in Morningside. Dear Miami City Commissioners, at the annual general meeting of the Morningside Civic Association on January 30, 2005, a vote was taken as to whether or not to support a 35-foot height limit or the 85- to 95 foot height limit. With approximately 70 homeowners present, the vote was overwhelmingly for 35 feet. There were no votes for 85 to 95 feet. Also, the following member organizations of Miami Neighborhoods United have sent these letters of support for Morningside's efforts to not allow high-rises next to single-family home:. Golden Pines, Shenandoah, Sewell Park, Oakland Grove, Coconut Grove Park, Lemon City, Baypoint, Buena Vista East, Coconut Grove Village Council, and Coral Gate. Commissioner Allen: Thank you. Vice Chairman Gonzalez: Thank you. Yes, counsel. Mr. Dickman: Commissioners, to conclude, absent Section 1305.2, I'd tell you, this developer would have an argument for the maximum limits under the zoning designation, but the fact of the matter is you have adopted a code, which restricts the maximum limit based on the neighborhood context and the project's design. Commissioners, as you've heard today, the leadership of Morningside has spoken, and they request that you limit this development to 35 feet. Please grant our appeal. I'd be happy to answer any questions, and I'd like to reserve a few minutes for Ms. Jonel Newman and myself for rebuttal. Commissioner Allen: Right. Mr. Dickman: Thank you. Vice Chairman Gonzalez: All right. Commissioner Allen: Mr. -- Vice Chairman Gonzalez: Lucia. Commissioner Allen: Yes. Mr. Chairman. Vice Chairman Gonzalez: Yes. Yes, sir. Commissioner Allen: Mr. Chairman, if I may. Lucia. City of Miami Page 105 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Ms. Dougherty: Yes, sir. Commissioner Allen: And, of course, I'm going to probably need our own City Attorney to weigh in on this. Could I have -- Mr. Dickman, can you please come forth? My concern in question is one of a quick query here, if you will, because I'm looking at all of this information. A lot of this took place before my appointment. Now, having said that, can 1 hear just a limited discussion as to the issue of when the application was filed, vis-a-vis, the amendments to the SD-9 and your positions on that? That, in my opinion, drives my decision as to -- before we get to the other subdivisions, as to whether or not this is out of character and out of scope and out of scale, so Lucia -- Ms. Dougherty: Yes, sir, Mr. -- Commissioner Allen: -- could you, please -- Ms. Dougherty: Commissioner, Lucia Dougherty, with offices at 1221 Brickell Avenue, here today in behalf of the owner and the applicant. The owner of this piece of property bought it in 2002, in June of 2002. I have a closing statement here, and it's very important for you to know this because the very first time -- in the other two hearings that we had on 51 st and 53rd, the first statement out of the appellant's mouth was, the applicants in this case do not own this property. Well, in this case, we do own this property, and we've owned this property long before the SD-9 regulations went into effect, and we applied before both SD-9 regulations went into effect. Commissioner Allen: What was the date that you applied? That's what I need to know. Ms. Dougherty: Well, let me get to that. Let me -- I'm going to get to that. Commissioner Allen: OK. Ms. Dougherty:: My client first purchased the property in 2002, and Mr. Chacron (phonetic), at that time, engaged Coscan -- the developers of Coscan to come and develop this piece of property as a partnership. They came to the neighborhood and they wanted a 34-story building. The neighbors were opposed to that completely. The Coscans said, listen, if the neighbors don't want it, we don't want to be a part of it either, so they withdrew their application. Then we came in with an as -of -right building at 130 feet in 2004. We voluntarily reduced it to the 95/85 feet that it went into effect after we had applied. We voluntarily reduced it. We didn't oppose the 95/ 85, and we came in and applied for a Class II Permit under the new regulations. Commissioner Allen: Right. Lucia -- Ms. Dougherty: Yes, sir. Commissioner Allen: -- if you could, respectfully, can you give me the specific dates in which you applied? Because you said also you withdrew your application, so 1 need to determine these applicable dates. Ms. Dougherty: March 2004. Commissioner Allen: OK. That's your allegation. That's when you first applied, 2004, and is that also correct? You said that you guys withdrew your application, pursuant to that March 2004 filing? Ms. Dougherty: I'm sorry, you're saying -- your question was, is it true that what? City of Miami Page 106 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Commissioner Allen: That you filed the application on March 2, 2004. Did you then, thereafter, withdraw that application, pursuant to the discussion with the adjacent homeowners? Ms. Dougherty: Well, we reduced -- no, this is -- the March 2004 is the one that we now are traveling under, isn't that correct? Commissioner Allen.: Applied. OK, wait. Vice Chairman Gonzalez: The application that -- Commissioner Allen: OK OK. Here is what I'm asking. It's a simple question. This is why I want to hear -- just hear a limited discussion on this. OK. When did you first apply for this Class II Special Permit, and if such, did there come a time where you withdrew that application? Because I'm trying to juxtapose that with the amendments to the SD-9 issues, so -- Ms. Dougherty: OK. Commissioner Allen: That'll be helpful to me. I mean -- Ms. Dougherty: All right, and I'm going to ask Suria to get me the exact dates. We applied before SD-9 went into effect, even the first regulation. After the first SD-9 application -- or SD-9 regulation went into effect, we voluntarily reduced, we never fought it, we came down to 95/85 with the angle in the back being at 40 feet. That's the application you see here. Commissioner Allen: So there never came a time when it was withdrawn or there was concern by Zoning or anyone that, look, your application is -- does not comply with the standards or -- Ms. Dougherty: Not -- no, not this application. Commissioner Allen: OK. Unidentified Speaker: It was approved in August. Suria Yaffer: The application was approved in August -- Commissioner Winton: He didn't ask when it was approved. Ms. Yaffer: -- 2004. Commissioner Winton: He asked when it was filed. Commissioner Allen: Right. Yeah. Commissioner Winton: The question over and over has been, give me the date this application was filed. Ms. Dougherty.: This last application was filed August of 2004. Commissioner Winton: When? Commissioner Allen.: 2003? Ms. Dougherty: August 2004. Commissioner Winton: August 2004. City of Miami Page 107 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Commissioner Allen: OK, August 2 -- so the application was filed August 2004? Ms. Dougherty: This last application. Commissioner Allen: The last application, OK, so now, if I could -- Mr. Chairman, can I go back to counselor? Now, when did the SD-9 amendments come into play? When were they fully adopted by the Commission, give or take? Ms. Newman: The first SD-9 amendment was adopted by the City Commission on April 29, 2004 Commissioner Allen: OK. Ms. Newman: And the second -- Commissioner Winton: Is that before August 2004? Ms. Newman: You know, I think so, and the second was adopted July 22, 2004, Commissioner Allen: OK. All right. All right. That answer's that. Commissioner Winton: Moving right along. Chairman Sanchez: Yeah. Commissioner Allen: Thank you. Chairman Sanchez: Where are we at? Commissioner Allen: OK. Chairman Sanchez: All right. Commissioner Allen: All right, and -- Chairman Sanchez: Oh, OK. Commissioner Allen: All right. Ms. Dougherty: OK, so we reduced the height down to 85 and 95. The Class II permit was issued. The -- it was appealed to the Zoning Board. The Zoning Board agreed with the applicant and said -- and the Urban Development Review Board, which is your board of architects, reviewed this set of plans and said this is totally consistent with the S -- the goals of SD-9, and it is totally consistent with the requirements of the Zoning Ordinance in Chapter 1305, so this building meets all of the criteria in SD-9. It's a very high -quality building. It's a luxury building. It is a 4 to $500, 000 per unit on US. I. (UNINTELLIGIBLE) will bring you eyes to the street. It has the liner units exactly as the City has always requested. It has underground parking, which is almost unheard of on Biscayne Boulevard for a beautiful building, such as this. It is something that the -- I believe that the City and the applicant and my owner has authorized us to put as much luxury into this building as possible. They have not spared any expense in this building. This is not a cheaply built building. This is not a -- the size, orientation, massing is exactly what was anticipated in the SD-9, and again, the Urban Development Review Board was very, very complimentary of this particular project. City of Miami Page 1O8 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Commissioner Allen: All right. Lucia, if I may -- Ms. Dougherty: Yes, sir. Commissioner Allen: Sorry, Mr. Chairman, again. I'm looking at a letter here dated June 16, 2004, directed to you, that has concerns about your application for this Class II Special Permit. Are you aware of that document? Ms. Dougherty.: You're reading from what? I'm sorry. Commissioner Allen: The City of Miami. The land development -- the chief of land development sent you a letter -- Ms. Dougherty: Yes. Commissioner Allen.: -- indicating that, in fact -- Ms. Dougherty: This is the Urban Development and Review Board issue? Is this the -- Commissioner Allen: Right. Did she -- counselor, did you guys provide them with a copy -- Ms. Newman: We did. Commissioner Allen: -- of your exhibit? Ms. Newman: Yes. It's Exhibit B to my brief Lucia. Chairman Sanchez: You need to state that on the record. Ms. Dougherty: What they have done is, they show you letters that is part of the evolution of the project, and so, yes -- Chairman Sanchez: Could -- Ms. Dougherty: -- there was an issue of -- by the land development regulations or the -- Chairman Sanchez: Let me stop you -- Ms. Dougherty: Yes. Chairman Sanchez: -- for a minute. Can we put that letter on the record as to what the document is that's being discussed right now? Madam Director, it's important to put that in. Ms. Slazyk: Yeah. 1 don't have it in the package. Apparently, that was handed out by the appellant, but what happened is they filed a Class II Special Permit application. There were some zoning deficiencies with that application and that's what that letter goes to. They came back and refiled in August of 2004 between the two SD-9 amendments, so they were made to comply with the first SD-9 amendment, but not the second because their application was in process with the 40-foot requirement. Commissioner Allen: Right, so it's safe to say that they were aware and placed on notice as to the second amendments, as it relates to SD-9, correct? Ms. Slazyk: They knew the second amendments were in process, but they filed before they went into effect. City ofMiami Page 109 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Commissioner Allen: So -- Commissioner Winton: So they was public -- Commissioner Allen: -- irrespective of that, they -- Commissioner Winton: There was plenty of public notice. Commissioner Allen: Yeah, there was plenty, OK. Ms. Slazyk: Right, but they had originally filed before that and they were sent back to Zoning to correct some issues with the plans, and when it came back as a complete application, that's the August 2004 date, but the first time we actually saw the plans was way back in May through the internal design review process. Commissioner Winton: Way back in May? Ms. Slazyk: Well, in May. Commissioner Winton: How do you define "way back in May?" Ms. Slazyk: They actually started in March of 2004, and then in May, they filed it and that's when we found the deficiencies and sent it back, but it was going on for a while before then. They were in process during the amendments. Commissioner Allen: Right, OK. OK. Ms. Dougherty: Commissioner Allen -- Commissioner Allen: Yes. Ms. Dougherty: -- this is not a case were somebody buys a piece of property and rests on their laurels. Commissioner Allen: Right. Ms. Dougherty: This is somebody who initial -- initiated an application immediately, and it was an as -of -right application at the time. Commissioner Allen: Right. Ms. Dougherty: The City downzone the property, and may 1 say to you, it is 25 percent less -- Commissioner Winton: Excuse me. Ms. Dougherty: Yes. Commissioner Winton: Mr. City Attorney -- Commissioner Allen: But -- Commissioner Winton: -- did we downzone anything? Mr. Fernandez: No -- City ofMiami Page l l0 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Commissioner Allen: Right. Mr. Fernandez: --1 don't think there was a down zoning, per se. Commissioner Winton: Thank you. Mr. Fernandez: There might have been, allegedly, an impact of down zoning by the changes brought about by the SD-9, but that's allegation. Commissioner Allen: Right. Commissioner Winton: Thank you. Commissioner Allen: Because, see, one of my concerns is, Lucia, that we have an obligation and a duty to enforce all the amendments that were properly adopted by the City Commissioner, and that's my concern. Ms. Dougherty: Yes, but as you know as a lawyer, an ex post facto kind of regulation is not something that is valued by the law. In other words, this is an owner that didn't rest on their laurels. Commissioner Allen: But -- Ms. Dougherty: They went in immediately as an -- Commissioner Allen: Right. Ms. Dougherty: -- as -of -right project. They reduced the building down after the City said that they -- after the first time that the City changed the regulations, and 1 want you to know that it is 25 percent less -- Commissioner Allen: Right. Ms. Dougherty: -- than the as -of -right building when they first initially started; 25 percent less in terms of density, and this is only 100 units. Commissioner Allen: Right. Ms. Dougherty: This is not a big project. It is 25 percent less FAR than they originally had, and they weren't maximizing the FAR. Commissioner Allen: Right. Ms. Dougherty: This wasn't a maximization. They take -- keep talking about a maximization of the FAR. We never maximized the FAR in the first place; we never maximized the number of units in the first place, and we didn't maximize the height in the first place. Commissioner Allen: Right, and I hear your concern and I understand your argument, the ex post facto, but the problem with the ex post facto argument is the fact that they were on notice with respect to these additional amendments even throughout the entire application process. It appears that there was some point -- if you will, some level of rejection of their application, I don't know, and so therefore, in the interim period, they were aware that these are the things we need to comply with with respect to these amendments to the SD-9, and that's where we are today, so that was my concern, so I wanted to hear competent evidence as to that, and I think I've City ofMiami Page 111 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 heard enough as it relates to that. Chairman Sanchez: Mr. City Attorney. Commissioner Allen: Thank you. Mr. Fernandez: However, Commissioner Allen, the only guidance that 1 can give you on that is that simply because the City has engaged in a process, the end result of that process is unpredictable. No one has a crystal ball in either the neighborhood or in the development community that would tell them how it is that this Commission would ultimately vote on that SD- 9 process that started, so therefore, what you need to look at and listen to the evidence adduced both by the appellant, as well as by the owner, is the timing issue. If the second amendment to the SD-9 was not in effect, even though it might have been in process and it might have been discussed, but it was not in effect by the time that they effectively perfected their application, then my advice to you is that they do not come under it. They're not subject to it. Chairman Sanchez: That's based on your advice to this Commission. Mr. Fernandez: That's my best interpretation of the law, and you need to look likewise for the effect of -- the effective date of the first amendment to the SD-9. Was their application deemed complete? And only staff can testify to what they deem to be complete in terms of the sufficiency of the applications. Chairman Sanchez: And staff has -- Commissioner Allen: Right. Chairman Sanchez: -- testified that it was complete. Commissioner Allen: No. Mr. Fernandez.: You need to get that on the record -- Commissioner Allen: Right. Mr. Fernandez: -- and you need to be satisfied. Chairman Sanchez: Right. Commissioner Allen: Lourdes, from what I understand, even based on the arguments, that the application was not complete. For example, April 2004 was the first SD-9, from the testimony here, was the first SD-9 amendment, and then there was -- if you were not a total rejection of the application, but you need to take this application back and it needs to be modified to reflect the changes to SD-9, and -- Ms. Slazyk: No, I don't think -- Commissioner Allen: -- then, of course -- Ms. Slazyk: -- that's the reason it was sent back. Commissioner Allen: No, and then, of course, the July -- Ms. Slazyk: There were some other zoning deficiencies -- Commissioner Allen: OK -- City of Miami Page 112 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Ms. Slazyk: -- with the project. Commissioner Allen: -- zoning deficiencies. Ms. Slazyk: Other zoning deficiencies not related to SD-9, and that's when that letter -- Commissioner Allen: OK, the zoning deficient -- Ms. Slazyk: -- sent it back to them. Commissioner Allen: Right. Ms. Slazyk: And when they made those corrections and brought it back and refiled, it was the August date. Commissioner Allen: OK, it was the August date, but that August date was later, after the July 22, 2004, which is the second amendment to the SD-9. Ms. Slazyk: Correct. They go -- Commissioner Allen: So -- Ms. Slazyk: -- into effect 30 days later, so it didn't go into effect until August 22. Commissioner Winton: But the debate about this had been -- Ms. Slazyk: Right. Commissioner Winton: -- going on for a year. Ms. Slazyk: Yeah. Commissioner Winton: -- so, you know -- Ms. Slazyk: Yeah, we had all -- Commissioner Winton: -- the debate on this whole issue -- Ms. Slazyk: -- those committee meetings -- Commissioner Allen: Right. Commissioner Winton: -- has been going on and on -- Ms. Slazyk: -- with the neighbors. Right, yeah. Commissioner Winton: -- and on and on. Chairman Sanchez: All right. Commissioner Winton: This wasn't something that just popped up on a 30-day notice and somebody thought, "Oh, jeez, we're going 10 change this." There was a major debate. We had -- Ms. Slazyk: There was a moratorium, in fact -- City ofMiami Page 113 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Commissioner Winton: -- hearings here. Ms. Slazyk: -- as well, yeah. Commissioner Winton: We put a moratorium in place, in fact, on Biscayne Boulevard, to stop development so that we could get our arms around what was going on on Biscayne Boulevard. Commissioner Allen: Um-hmm. Commissioner Winton: I mean, there was press everywhere. This -- everything about this whole thing has been known for a long time. Chairman Sanchez: All right. Commissioner Allen: I see. Chairman Sanchez: Let's continue with the presentation. Commissioner Allen: OK. Ms. Dougherty: And I wanted to finally talk about this three-story issue. This is a place -- if you look at every single one of the photographs that they showed you of three-story buildings, they were all commercial buildings, they were all retail on the ground floor, little bit of commercial on the top. This particular zoning district is an office district. Retail is not permitted in this district, so the only two things that are permitted in this district is residential and office. Now, I tell you, what three-story office building is going to be successful on Biscayne Boulevard? What three-story residential building is going to be successful on Biscayne Boulevard? Those are the only two issues. That's the only two things that you can put on here. You can't have retail. You can't have a Starbucks. You can't have a Walgreens. You can't have any of the other things that you saw on those pictures. Commissioner Winton: A three-story residential project wouldn't be successful, is that what you just said? Ms. Dougherty: I don't think so, no, absolutely not. Look at the cost of the land versus how much you'd have to charge for each one of those units. Commissioner Allen: OK. Ms. Dougherty: You'd have to have -- each one of those units would have to be millions of dollars -- Commissioner Allen: Right. Ms. Dougherty: -- on Biscayne Boulevard. I don't think so. Chairman Sanchez: All right. Let's -- Mr. Dickman: I just want to object. She's not an expert on -- Chairman Sanchez: Well -- Mr. Dickman: -- real estate development. City of Miami Page 114 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Commissioner Allen: Well, that's certainly correct, right. Could I ask, Mr. Chairman, quickly of Lucia Dougherty, how do you address the concerns of the residents, fact that this is juxtapose to an RI district and their concerns -- Ms. Dougherty: Well, I would say that -- Commissioner Allen: -- that they've addressed? Ms. Dougherty: -- every single district has a place where the line begins and the line ends. In this particular case, you have a district where you have a single-family and everybody who bought in the single-family knows that they're abutting an office district immediately to the west of them, and we think that we have actually done a beautiful job of -- Commissioner Allen: So what you're saying -- Ms. Dougherty: -- transitioning this building. Commissioner Allen: So what you're saying is they bought with notice that, look, there's a chance that you're going to have a huge building at some time in the future? Ms. Dougherty:: Yes, and this is a beautiful -- Commissioner Allen: All right. Ms. Dougherty: -- building. This is not a -- Commissioner Allen: So by the same argu -- Lucia -- Ms. Dougherty: Excuse me. Commissioner Allen: I'm sorry. Ms. Dougherty: Just a second. Commissioner Allen: Go ahead, but by the same token -- Ms. Dougherty: Remember, there was -- what was there before. Commissioner Allen: Yeah, but by the same -- Ms. Dougherty: Horrible motels that everybody -- Commissioner Allen: Right. Ms. Dougherty: -- complained about on Biscayne Boulevard, and now -- Commissioner Allen: But we're not -- Ms. Dougherty: -- we have something that is actually a beautiful building -- Commissioner Allen: Right. Ms. Dougherty: -- that will be transitioning from the single-family to the -- Commissioner Allen: 1 understand, but Lucia, same argument you just made, that these people City o(Miami Page 115 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 are apparently purchasing this property subject to knowing that that's a district for building. Well, the same argument would go with your client. He was -- he or she was put on notice that these amendments are in place and you must comply with it. Ms. Dougherty: Not when he bought the property. There was no -- when they bought the property in 2002, there was no anticipation of this. Commissioner Allen: No, no. I'm -- Ms. Dougherty: Remember, we had a 34-story building that they were anticipating at the time. Commissioner Allen: I'm saying even before you filed your application and during the application process, you likewise, as well, were put on notice with respect to these amendments, so the argument goes both ways with respect to whether or not these residents bought this property, subject to the fact that they know a office building could be -- potentially be built there, so you've answered my concerns with respect to the residents. I just wanted to know because their concerns -- Chairman Sanchez: Please continue with the presentation, and then -- Commissioner Allen: Yes. Chairman Sanchez: -- we'll go for rebuttal. Ms. Dougherty: 1 don't have anything further. Chairman Sanchez: OK. Ms. Dougherty: Other than to -- Chairman Sanchez: Call your -- Ms. Dougherty: -- say that these buildings are completely contextual. You have a staff you have the Zoning Board, and all of whom have recommended approval of this project. Commissioner Winton: Mr. Chairman. Chairman Sanchez: Does that conclude your presentation? Ms. Dougherty: Yes, sir. Chairman Sanchez: OK. We do have -- Commissioner Winton: Mr. Chairman. Chairman Sanchez: Yes, sir. Commissioner Winton: 1'd like to ask a question of staff. The Upper Eastside Master Plan that was worked on for, what, two years, where the consultants made the first recommendation relative to 35 feet along the boulevard, which caused all the uproar, when did that planning effort begin? Doesn't have to be exact date. Roughly. Ana Gelabert (Director, Planning & Zoning): I frankly don't recall the time, but at least, let's see, maybe three years ago. I -- but I would have to go back and check. I do not remember when the HOK study started. City ofMiami Page 116 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Commissioner Winton: Do you have -- Ms. Slazyk: Not the Jack -- not the master plan that was done when Jack Luft was here. You're talking about -- Commissioner Winton: No, no, no. Ms. Slazyk: -- the Biscayne Boulevard -- Commissioner Winton: The HOK plan. Ms. Slazyk: -- the corridor study. Commissioner Winton: Yeah. Ms. Slazyk: Yeah, that was about two years. Unidentified Speaker: No. Ms. Slazyk: Approximately, two years, yeah. Not the Jack Luft. Someone's whispering it, that -- Commissioner Winton: No, no -- Ms. Slazyk: No. Commissioner Winton: -- not two years. It didn't start two years ago. No way. Ms. Slazyk: It started with -- Commissioner Winton: We completed this whole -- Ms. Slazyk: -- the charette. Commissioner Winton: It probably three years ago. Ms. Slazyk: About three. Commissioner Winton: Well -- Ms. Slazyk: Two years before our SD-9 amendments, approximately, which is -- Commissioner Winton: What -- 1'm sorry? Ms. Slazyk: I was thinking two years before the SD-9 amendments -- Commissioner Winton: Me, too -- Ms. Slazyk: -- which were a little -- Commissioner Winton: -- and so that takes you back -- Ms. Slazyk: -- bit less than a year ago. Commissioner Winton: -- to mid-2002. City ofMiami Page 117 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Ms. Dougherty: Actually, they say here in this report that the committee met for the first time on March 2004. Ms. Slazyk: No. That's a -- Commissioner Winton: Oh, (expletive deleted). Ms. Slazyk: -- different committee. No. That is -- Chairman Sanchez: Scratch that. Ms. Slazyk: That is -- Unidentified Speaker: Never mind. Ms. Slazyk: -- when the SD-9 amendments were first brought forward to the City Commission. Commissioner Winton had formed a committee to work on SD-9 and come back with a proposal that would work, and that's the one that -- Commissioner Winton: That was the first meeting? Ms. Slazyk: -- ended up with the seven and eight stories. Commissioner Winton: Apparently, the first meeting of the charette was May 19, 2003; is that right? Could that be right? Oh, well, y'all look it up because I want to know, OK Sorry. Chairman Sanchez: All right, but you want an answer on that? Commissioner Winton: Yeah, but they can go -- they can -- Chairman Sanchez: OK. Commissioner Winton: -- -- call someone and find out. Chairman Sanchez: All right. You have limited rebuttal. Mr. Dickman: Just real -- you have anybody 10 speak, other -- are you finished? Ms. Dougherty: No. Mr. Dickman: OK. Commissioner Allen: OK. Ms. Newman: We -- Ms. Dougherty: I think my client would like to speak. Chairman Sanchez: OK, wait. The client would like to speak. He's entitled. Sir, please state your name -- Salomon Yuken: Good afternoon. Chairman Sanchez: -- and address for the record. City of Miami Page 118 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Mr. Yuken: My name is Salomon Yuken, 1023 Northwest 3rd Avenue, Miami. I just -- I am the developer of record for this development. My partner, Mr. Chacron, which was the one who brought the property in 2002, he -- she called me and she told me to join her to develop the property, after she failed to do the development with Coscan, that was planning to do a 23-story building, and at that time -- so it was not approved, of course, so she decided to look for somebody else, and then I got involved into this particular development. What I want to say today is that most of the people that have come and neighbors of Morningside and they are talking about high-rises or buildings or whatever, it's going to change their way of life of their shade or their lack of light. I believe that the most important factor is that the type of buildings that are being right now proposed is not -- will not change the way of life. On the contrary, it will improve the way of life of Morningside. The reason for it, these buildings have 24-hour security, so you have already have something to improve whatever they have, because that is something that they will not have with a three-story building or a three-story commercial that have stores, a convenient store, a 7-Eleven or whatever have you. Then, if you have only a three -story, like the gentleman that stand up over there and look, this is the three-story. You have the same three-story that they are talking about, that they don't want to see the wall. That's the wall they're going to see, the three-story, and that's about it, so they're going to be dark anyway with the three-story, and they will not have the green space that we are allocating, and will not have the beautiful landscape that we're doing. They will not have about almost a park, which is about 40 by 100 that they have as a buffer between the buildings and the residential area, so by moving the tower that was moved towards the front of Biscayne Boulevard, we gave him the benefit of not having to look up and they have to see the buildings. They won't -- the people that live next to it, they won't see the building. They only see the garden. They only see the green. They only see the trees. That's what they're going to see, basically, and I just want to bring that up to you, and for you to understand that this was done -- and I join the person because it was an old owner and she bought it for the purpose of development, and she tried to develop it before, and that's why I'm bringing this up. Chairman Sanchez: Thank you. Mr. Yuken: Thank you very much. Commissioner Allen: Yes. Chairman Sanchez: Anyone else that you'd like to bring up? If not, that concludes your presentation? OK, limited rebuttal. Ms. Newman: Thank you, Commissioner Sanchez. We've spent a lot of time talking about exactly what date the application was filed. The one that's before you today, we have on good authority, was filed in August of 2004. It doesn't comply with the April 29 amendment to the SD- 9 and it doesn't comply with the July 22 amendment to the SD-9. It is correct, that the July 22 amendment was "effective" on August 22, but I must respectfully disagree with your Attorney's advice and caution you not to follow it with respect to whether, in fact, zoning in progress applies. There's very clear precedent in Florida that -- its cited in our brief. Its the Smith versus City of Clearwater case that the Supreme Court declined to change the law on. In that case, the court stated that for a zoning change to be pending and therefore presumably one that could be relied on, it does not have to be before the city council in any formal way. It does not have to provide notice to these developers. A city may retroactively apply a zoning amendment to deny a building permit if the amendment were pending even in a committee at any time. These developers were advised over and over again that these amendments were in the works. Exhibit C to our brief cautions them in writing that this is accepted for design review only because there's new height restrictions coming in. Exhibit A, Exhibit B, all of these contain ample notice -- specific notice, which is beyond what the law requires to these developers, that height restrictions and slope requirements are coming down. Finally, I'll just say that it doesn't comply City ofMiami Page 119 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 with the first SD-9. Thank you. Commissioner Allen: Thank you. Chairman Sanchez: All right. Mr. Dickman: Four quick points I will raise in the opposition. One, you know, candidly, you would have to be on the other side of the moon to know that if you're an owner of property on this boulevard, to not know that there was something going on. I mean, going way back into the '90s, Jack Lufi, the Upper Eastside Master Plan; there was a charette, the HOK. This was going on a long, long time and to my knowledge, the Upper Eastside Master Plan produced in the '90s is the only one that was officially recognized and adopted. The HOK document, the subsequent document, I don't believe, to my knowledge, has been officially adopted, but it -- there was a long process; everyone here knows that, and you would have to be completely on the other side of the moon to not know what was going on, so in all fairness, I think that it's not a valid argument to say that you didn't know about it. The other thing I want to mention is that counsel for the developer says that the SD-9 -- this is a development that the SD-9 clearly anticipates. I also want -- I want to point out that SD-9 also includes 1305.2. It says that 1305.2, the design criteria, will be followed That, in itself, takes in more than just the boulevard. Their presentation, their development only addresses the boulevard, and that's great if there isn't a historic single-family neighborhood behind it. 1305.2 and the Class II process takes into consideration the entire context. They have to consider that, and then, finally, you just have to drive around within ten miles of this building to see that there are plenty of three-story wonderful developments that are successful and they help, not only the business community, but the residential community, so thank you for your time. Chairman Sanchez: All right. Therefore, coming to the Commission for deliberation. Mr. City Attorney. Commissioner Allen: Yes. Mr. Fernandez: Yes. I just want to clarify the record. Distinguished counsel here raises the case to your attention of Clearwater, my neighbor; know that case very well. In fact, in Sarasota County, I successfully argued zoning in progress, this whole concept that's being brought to your attention. However, the cases are distinguishable because here at the City of Miami we have, in your own ordinances, a provision that defines how zoning in progress is going to be interpreted, and when a court of law looks at the fact that you have taken into account how zoning in progress is going to be addressed, they would defer to your legislative wisdom, understanding what's best for your community, so my advice to you is anchored, not only in the law, but also reading our ordinance 21.05, which says that if the application comes in before the effective date, there is an option to proceed with it without having these cases alluded to being applied. Commissioner Winton: There's a what? There's a what, did you say, an option? Ms. Dougherty: No. Mr. Fernandez: Do you have 2105? Commissioner Winton: What were your exact words just then? Mr. Dickman: It's --1 think it's discretionary. Also, I think it's -- Commissioner Allen: Because -- right, because there were some zoning issues concerning 1305, irrespective of the -- if I may -- City of Miami Page 120 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Mr. Fernandez: It's 2105.4, Status of Applications for Development Permits or Certificate of Occupancy. It's under Ordinance 11000. "Applications and permits: Any property owner or lawful representative thereof who, prior to the effective date of any legislation repealing or modifying regulations, which allowed the requested activity, has properly filed a complete application for a development permit with the appropriate city department is hereby authorized to proceed with such application, regardless of subsequent repeal or modification of the regulation, unless the contrary specifically decreed:" Commissioner Allen: Mr. City Attorney -- if I may, Mr. Chairman -- but you said something very operative in there, "completed application." That's -- Mr. Fernandez: And -- Commissioner Allen: -- the operative word -- Mr. Fernandez: Yes. Commissioner Allen: -- and that's what's still outstanding here. Mr. Fernandez: And you have heard testimony from your staff -- Commissioner Allen: Yeah, right. Mr. Fernandez: -- that you may weigh -- I'm not weighing in on one side -- Commissioner Allen: Right. Mr. Fernandez: -- or the other of the arguments being -- Commissioner Allen: Right. Commissioner Allen: -- made by respective counsel. I'm fully apprising you of what your ordinance contains. You have heard testimony that you may elicit again from staff as to whether, in their opinion, there was a completed application prior to the effective date. Commissioner Allen: Right. Chairman Sanchez: All right. As a quasi-judicial body, we have heard testimony -- Commissioner Allen: Yeah. Chairman Sanchez: -- on both sides, and therefore, we are ready for deliberation. Commissioner Allen: Yes. Chairman Sanchez: OK. Any questions? Commissioner Allen: Well, yeah. Commissioner Winton: Commissioner Winton. Commissioner Allen:: Mr. Chairman, just for clarification purposes. We are voting to -- Commissioner Winton: We don't know what we're voting on yet. City of Miami Page 121 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Commissioner Allen: Can you explain that, Mr. City Attorney? We again are voting -- because the applicant in this case wishes to -- Mr. Fernandez: The appellant. Commissioner Allen: I don't want -- I'm sorry. The appellant -- Chairman Sanchez: The appellant. Commissioner Allen: -- wishes to deny this application and have this sent back to Zoning and/or the appropriate Planning Department. Mr. Fernandez: This application comes to you with a recommendation of staff and with a Zoning Board recommendation. They have appealed the Zoning Board approval. There is an approval in place that they are appealing, so the decision of this Commission is to grant or deny Chairman Sanchez: The appeal. Mr. Fernandez.: -- the appeal. If you deny the appeal, you leave the application intact and it proceeds. If you grant the appeal -- Commissioner Allen: Right. Mr. Fernandez: -- then you have reversed, in essence, the Zoning Board's decision. Commissioner Allen: OK. Chairman Sanchez: All right. Commissioner Allen: I'm ready to vote. Chairman Sanchez: Commissioner Winton. Commissioner Allen: Yes. Commissioner Winton: OK, a number of things. The -- and 1 want to point this out to the Morningside neighborhood because they've made this argument several times, and could y'all take those boards down? Traffic, that argument isn't going anywhere and you're barking up the wrong tree on traffic. This City isn't going to stop growing. South Florida isn't going to stop growing. Traffic isn't going to stop getting worse. It's going to get worse. Where you need to take your voice is to the County's transportation committee and to the MPO (Metropolitan Planning Organization). If we don't get mass transit built that goes to our neighborhoods, you, your children, your grandchildren are going to be in for a mess. People are coming; there's going to be more development, and it ain't stopping, so this whole traffic issue is totally misguided. You need to take it where we can do something about it, and that's to the people who hold the money and that's the County and the MPO. Quality of life, though, the rest of the neighborhood. Would you put the slide up that shows the apartment building on Biscayne Boulevard that's adjacent to Morningside? 1 think that -- and Commissioner Allen, you haven't been here as long, but the rest of my colleagues have heard me over and over again. I've been very, very, very consistent from day one, not only in my own neighborhood, but in other district neighborhoods about protection of single-family neighborhoods, and I have been consistent, consistent, consistent, and that is, we're going to go out of our way to do everything in our power to protect single-family neighborhoods because the fact of the matter is, that is our heart and soul. I'll give you a classic example. The Omni area is a big high-rise complex, and those big City of Miami Page 122 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 buildings were built in the early '80s and the neighborhood continued to go downhill, even though there were literally thousands of people moved into that little zone. Now, high-rises had no impact on neighborhood, no eyes on the street, no positive effect on the neighborhood because high-rises are self-contained units. You go into a parking garage, you get in an elevator, you go to your unit, you go downstairs to the little convenience store, you buy your milk, you do whatever; you don't go in the neighborhood, but if you took a thousand people and put them into the Roads or put them into Overtown in single-family homes, the neighborhood changes overnight instantly, because you've got people in single-family homes that drive in, they get out, they walk on the street, they play in their yard, the kids in the yard; it becomes a neighborhood, and so the single-family neighborhoods are the biggest asset we have in our community, and I -- like 1 said, I've been consistent over and over again. We need to protect them. We went through a process that was as painful as you can imagine, trying to figure out what we're going to do about the boulevard, because the fact of the matter is that the development community did go on the attack and wanted to build the biggest buildings you could imagine along Biscayne Boulevard, which was absolutely inappropriate. Many of the neighbors felt very strongly that the height limitation along Biscayne Boulevard -- and I'm talking north of 36th Street, by the way, not south -- but many of the neighborhood -- neighbors felt that 35 feet should, in fact, be the maximum height. We had huge debate in these chambers that -- I mean, the poor neighbors were here until 3 o'clock in the morning, you were here until 3 o'clock in the morning, and it was over and over and over again, and at the end of the day, we reached a compromise that I don't think necessarily made anyone happy on either side of the fence, but it was a compromise where we limited height and we put in place the new SD-9 regulations, but this whole process took from the beginning of the discussion about SD (Special District) -- about height limits -- you know, this whole process was two and a half, three year -long process, three year -long process. I want you to look at the picture that's up here right now. You can see a single-family home that is literally up against a building that wouldn't fit in current SD-9 regulations, in terms of the slope, but in terms of maximum height, does. It is crystal clear to me -- and we did this three or four months ago, when a developer came and wanted to ignore our SD-9 plan that was on Biscayne Boulevard, and we denied the application and said, we only have one shot to get it right, and as soon as we open the door, we're done, and the people that live in a single-family home up against something like this -- and I will tell you, and you can go to neighborhoods all over the City, where in the old days, you could build anything you wanted on these major thoroughfares and ruin single-family homes. This ruins single-family homes. We voted on the SD-9. I supported the SD-9, and in this particular instance, I'm going to say it's crystal clear to me that, at minimum, this developer has to follow SD-9, minimum, and what's really going through my head after I look at this, what I'm really thinking is that we might want to revisit SD-9, particularly on the east side of the boulevard abutting Morningside, not everywhere, because Biscayne Boulevard isn't the same everywhere, but Morningside is an historic neighborhood. Morningside is very much like the Roads, beautiful single-family neighborhood, great tree canopy, really cool architecture all over the place, and if you look at some of the pictures along the boulevard of the old properties -- I'm not talking about the old hotels. That's been a problem -- but the other buildings, the kind of single -family -looking buildings, some of which are commercial, some of them are still single-family house, that fits. Thirty-five feet, in my mind, fits and I'm thinking that -- and a message I want to send to the developer, because I'm going to make a motion to uphold the appeal and make the developer go back and, at minimum, meet SD-9, but I think the developer -- if there's any way we can do it, if there's any way within our power, I'm siding with the neighbors completely. That is maximum development. That's the maximum you're allowed, and we ought to, from a planning standpoint, do everything we can to make sure that that is the absolute maximum and that developer really ought to be doing something smaller scale, and I'm going to probably introduce a motion after this one to direct the staff to revisit SD-9 along the boulevard, east side of the boulevard, in front of Morningside, not the whole boulevard, but in front of Morningside, because these big buildings don't belong there, and the picture of that apartment building up against that single- family house, and any of my Commissioners, I would tell you that you wouldn't buy that house and live in it, and walk out and look at that. You wouldn't do it, and if we wouldn't do it, we City ofMiami Page 123 Printed on 3/2812005 City Commission Verbatim Minutes March 10, 2005 shouldn't make them do it. Commissioner Allen: Right. Commissioner Winton: So my motion is to -- Chairman Sanchez: Grant the appeal. Commissioner Allen: Right. Chairman Sanchez: There's a motion to -- Commissioner Allen: Right. Chairman Sanchez: -- grant the appeal. Commissioner Winton: Yeah. Chairman Sanchez: Is there a second? Commissioner Allen:: I second. Chairman Sanchez: OK, second. Any discussion on it? If not, 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 -- Chairman Sanchez: All right, it passes. Commissioner Winton: 1 would like to make a -- Chairman Sanchez: There is another motion now being presented by Commissioner Winton. Commissioner Winton: Yes. I would like to make a motion to direct the staff to reopen the SD-9 issue on Biscayne Boulevard, on the east side of the boulevard only, on the properties fronting Biscayne Boulevard that are in front of Morningside, and revisit the SD-9 rules and regulations and bring back a plan where -- I don't know what the magic height limit is. I don't know if it's 35 feet, I don't know if it's 25 feet, I don't know if it's 45 feet, but you know from common sense it isn't much above that, and I want you all to revisit the whole issue, analyze the issue, and bring something back to us for consideration. Chairman Sanchez: But what is that some -- Commissioner Allen: Right, so what -- Chairman Sanchez: What is that something back? Is it a recommendation? Commissioner Allen: Yeah, what -- Commissioner Winton: Yeah, it'll be a recommendation. Commissioner Allen: A recommendation, so the purpose of -- is to determine the height City of Miami Page 124 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 limitation or -- Commissioner Winton: Yeah. Commissioner Allen: -- specifically? Commissioner Winton: Because right now SD-9, along all the boulevard north of 36th Street, essentially -- Commissioner Allen: Right. Commissioner Winton: -- says whatever this current height of 85/95 feet and you've got to have the 45-degree angle and all that jazz. Commissioner Allen: Correct. All right. Commissioner Winton: And I think that works in a lot of parts of the boulevard, but it does not work in front of Morningside up against the single-family homes that are right behind it, which is an historic neighborhood, so it doesn't work and 1 want us to revisit it. Commissioner Allen: OK. Chairman Sanchez: All right. Commissioner Winton: That's my motion. Commissioner Allen: It goes to both the character and scale of it, right. Chairman Sanchez: There's a motion on the table. Commissioner Allen: Second. Chairman Sanchez: It is 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. We stand in recess. We'll be back at 2:30. Mr. Dickman: Thank you for your time. Vice Chairman Gonzalez: It's I o'clock. I don't know if you realized that. Chairman Sanchez: We'll back -- we'll be back at 3 o'clock. Ms. Thompson: 3 o'clock. NON -AGENDA ITEMS NA.1 05-00239 DISCUSSION ITEM Mayor Diaz requested that the Commission and Administration meet with the County as soon as possible in order to formulate a plan to deal with the anticipated influx of Cuban Mariel detainees formerly in Federal prisons to be released who may come to the City of Miami. City ofMiami Page /25 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 DISCUSSED Mayor Manuel A. Diaz: What 1 wanted to talk to you about, and 1 thought today, this morning was appropriate because it sort of follows. There was a common theme in what Judge Leifman was saying about the State dumping, and the State dumping and the State giving us the problem, and as all of you know, through our fights, we are constantly having to adjust to the fact that the federal government and the state government keep abdicating a lot of their responsibilities and keep throwing things at us to deal with. Many of you have read recently the issue of the release of several Mariel detainees, who have been in the prison system of this country for some time. The reports have been very clear that many of them are coming back here, either because they have families, or this is a place where they're going to feel very comfortable, and I want to bring that to your attention because 1 think, again, in spite of all the efforts that we've done, these are people that are being released into our society with very little money, with no community ties, in many cases, and they're going to end up on our streets; they're going to end up homeless. As Judge Leifman said, many of them have mental illnesses, and if we don't have a concerted plan to deal with this, we're going to have a problem again in our city, and so I would like the Manager and the administration to work with all of us to bring together a summit of interested parties, the County, the judiciary, everybody, around the table. The number is manageable, but we need to know -- certainly, our Police Department -- but we need to know who they are, where they're going, what their needs are, and we need to bring all of these agencies together to develop a plan to deal with these people because if we don't deal with it now, we're going to be dealing with it in the weeks and months to come, so I just wanted to bring that to your -- Commissioner Allen: Right. Mayor Diaz: -- attention. I appreciate giving me this opportunity. Commissioner Allen: Mr. Chairman, if 1 may. Chairman Sanchez: Yes, sir. Commissioner Allen, you're recognized. Commissioner Allen: Yes. Having said that, Mr. Mayor, do you recommend that we establish, to some extent, a small steering committee to try to come up with some sort of pragmatic approach to this issue -- Mayor Diaz: Absolutely. Commissioner Allen: -- and present you with -- Mayor Diaz: Absolutely. I mean, because it is -- it's going to take a concerted effort. We need to identify who they are, where they're going, what their needs are, and find out how we can fill these needs. Commissioner Allen: OK. Commissioner Winton: Well -- Chairman Sanchez: Exactly, and the effort here -- Commissioner Allen: So we (UNINTELLIGIBLE) -- Chairman Sanchez: -- is 10 do everything we can within our powers and work with all those that could assist us to make sure that they don't end up back in the street and doing things that they're not supposed to be because there are a lot of great organizations here -- Commissioner Allen: Right. City ofMiami Page 126 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Chairman Sanchez: -- that if we work with them, we could facilitate them to have that transaction from incarceration to -- Commissioner Allen: Right. Chairman Sanchez: -- society in a smooth transition to allow them to be productive citizens. Commissioner Winton: Mr. Chairman. Commissioner Allen: And to that end, if 1 may, quickly, Mr. Chairman. What about a timeline on this? I mean, we need to get on this right away, you would advise, correct? Mayor Diaz: Absolutely. Commissioner Allen:: So we can create a -- Mayor Diaz: 1 would recommend it next week. Joe Arriola (City Manager): I think that what I'll do in the next couple of days, I'll talk to the judge; we'll get Dade County, and I'll put a team -- Commissioner Allen: A steering committee. Mr. Arriola: I'll (UNINTELLIGIBLE) -- Commissioner Allen: A steering committee. Mr. Arriola: Yeah, 1'11 show it to you. If that's with your approval, that's what we'll do, and we'll get your involvement, and if any of you have an idea that want to bring forward, you know, let me know right away and we'll include them in the meeting. I think it's going to be more than a small team. I think it's going to be -- get all phases of government involved in the first time 10 make sure if we have a buy in before, you know, they all show up and we don't know what to do with them. Commissioner Allen: Right, and can I ask this one last question? This is basically, Mr. Mayor, a question of -- just a quick query. Oftentimes, you hear reports in the papers and you don't -- you know, they're not accurate, but is there any chance that we're going to engage in giving individuals one-way tickets? I say that because, as you very well know, many other cities throughout the country have done that to Miami. They will send their -- Commissioner Winton: And that's wrong. Commissioner Allen: -- if you will, their -- the persons who they were not terribly interested -- send them to -- give them a one-way ticket to Miami, and I know a few cities --1 don't want to call their name -- Commissioner Winton: Right. Commissioner Allen: -- that literally did that. Mayor Diaz: Sure. Commissioner Allen: So -- City of Miami Page 127 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Commissioner Winton: Key West. Commissioner Allen: -- we don't plan to engage in that in any way or -- Mayor Diaz:: No. Commissioner Allen: -- is it -- right. Mayor Diaz: No, but certainly, one of the agencies that we can work with is Catholic Charities and -- Commissioner Allen: Right. Mayor Diaz: -- there may be some that may want to relocate somewhere else, but don't know where to start -- Commissioner Allen: Start, right. Mayor Diaz: -- and they're going to start here in Miami, so -- Commissioner Allen: But there is a possibility of relocation. Mayor Diaz: I mean, we'll be open to anything that helps them transition, as -- Commissioner Allen: Yeah. Mayor Diaz: -- the Chairman said, transition into society. Commissioner Allen: OK. Chairman Sanchez: Commissioner Winton. Commissioner Winton.: Well, you know, 1 hate to be the non -compassionate one, but I'm going to be, and you know, this whole deal about bringing them back into society and -- hallelujah. These are bad guys. Let's make no mistake about it. These are bad guys, and this baloney about blah, blah, blah, blah, blah, I hope that the police agencies, both the City and the County, are focused on every single one of these guys and we tag them when they get in our city, and the first time they go "boo, " put them back in jail. Castro sent his bad guys to our shores in 1980. He took every single bad person he had locked up and sent them to Miami. The federal government of the Unites States of America is sending those same bad guys to Miami, just like Castro did. These aren't good guys; these are bad guys, and we better be on guard, and when they move wrong, put them in jail, and that's where they belong to be. Commissioner Allen: Right. Commissioner Winton: Or -- so -- Commissioner Allen.: OK, so -- Chairman Sanchez: All right. Commissioner Allen: -- zero tolerance is what you're recommending. Commissioner Winton: Bingo. City of Miami Page 128 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Commissioner Allen: OK. I agree. Commissioner Winton: Because -- Unidentified Speaker: Don't hold back. Commissioner Winton: -- they're coming to District 2 of the City of Miami; that's where they're coming. Commissioner Allen: Primarily. Commissioner Winton: They're coming to downtown Miami, make no mistake about it, and I don't want to have to get out on the street and do the battle, and I know that our Chief and our Mayor are going to be after these guys like no tomorrow, but I don't want to go on the record publicly and say, "Oh, no. We have some sweet, little boys coming back to town that really need rehabilitation because they're so sweet." Baloney. These are bad guys. Castro sent them to us first; the federal government's sending to them -- sending them to us second. We need to put them in jail. Chairman Sanchez: All right. Commissioner Allen: Boy. Vice Chairman Gonzalez: Chief you heard that? Chairman Sanchez: You know, there is such a word as redemption, you know. Commissioner Allen: Don't rile up the -- Vice Chairman Gonzalez: That was loud and clear. Commissioner Allen: -- ACLU (American Civil Liberties Union), Commissioner Winton. Chairman Sanchez: There is such a word as redemption, and Johnny, I have to -- Commissioner Allen: Don't -- Chairman Sanchez: -- agree with you. Commissioner Winton: Baloney. Commissioner Allen: Don't -- Commissioner Winton, don't rile up the ACLU, if you will, OK? Commissioner Winton: Bring them on. Commissioner Allen: All right. Chairman Sanchez: All right. Commissioner Winton: 1 think that's -- isn't that what George Bush said, bring them on? Chairman Sanchez: I think we've got -- Commissioner Winton: I'm a "D" anyway. City gfMiami Page 129 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Chairman Sanchez: 1 think we had too much discussion on this one. All right. NA.2 05-00240 DISCUSSION ITEM Commissioner Winton expressed to the Commission his strong opposition on the proposed move to sell the historic Miami Women's Club building. DISCUSSED Commissioner Winton: And then I have one more thing very quickly. You all read in the Miami Herald -- can we believe that though? Sorry. We read in the Miami Herald yesterday -- Commissioner Regalado: We have this debate. Commissioner Winton: -- yesterday morning -- Commissioner Regalado: What do we do now? We only have one paper here. Commissioner Winton: -- that the Miami Women's Club voted to sell their property and build a big condo right behind their property, and just so that you all know, I am radically opposed to that idea. I think there was real hanky-panky going on relative to the vote, and you know, I think they have like 60 members and 13 of them showed up for this very significant vote. The vote was very, very close and I just wanted to let you all know -- and I'm going to put it on the record for the Miami Women's Club and I'm going to put it on the record for the developer -- they're in for a fight like you've never seen. That's an historic building. The history behind the building, behind the Women's Club is significant, and to build a condominium building on that parking lot behind that structure ain't happening, so -- Commissioner Regalado: OK. Commissioner Winton: -- end of point. Commissioner Regalado: You already have a second on me to deny -- Commissioner Winton: There's no motion. I'm just -- just wanted to let -- Commissioner Regalado: No, no. 1 mean -- Commissioner Winton: -- people know. Commissioner Regalado: -- when the -- Commissioner Winton: Thank you. Commissioner Regalado: -- motion comes. Commissioner Winton: Yes. Vice Chairman Gonzalez: All right. Commissioner Winton: I'm done. Thank you. NA.3 05-00244 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE METROPOLITAN PLANNING City of Miami Page I30 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 ORGANIZATION (MPO) FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Johnny Winton Commission At -Large 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 Noes: 1 - Commissioner Winton R-05-0171 Chairman Sanchez: Is there anything else, Mr. Mayor? Do you have anything -- Mayor Manuel Diaz.: One quick thing. Thank you. About a year and a half or two, the Commission was kind enough to appoint me to the MPO, the Metropolitan Planning Organization, and right now, my time is extremely limited and I'd like to thank you for having served on there, but 1 really would like to step down. For your consideration, I would suggest that so many of our transportation and transit projects that are taking place are taking place in the downtown area, and I would, you know, recommend that you consider appointing Commissioner Winton to replace me. Vice Chairman Gonzalez: 1 move to appoint Commissioner Winton to the -- Commissioner Allen: I second. Chairman Sanchez: Johnny, what did you do to him? Commissioner Allen: 1 second. Chairman Sanchez: What did you do to him? Commissioner Winton: You don't know what I said to him -- Unidentified Speaker: Voodoo. Commissioner Winton: -- when he asked me about this. Vice Chairman Gonzalez: You got it. Commissioner Winton: Yeah, yeah. Chairman Sanchez: All right. There's a motion by -- Commissioner Winton: I need this -- Chairman Sanchez: -- Vice Chairman Gonzalez -- Commissioner Winton: -- like I need a hole in the head. Chairman Sanchez: -- to appoint you to the MPO. Is there a second? City of Miami Page 131 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 NA.4 05-00242 Commissioner Allen: Second. Chairman Sanchez: Second -- Commissioner Allen: Second. Chairman Sanchez: -- by Commissioner Allen. There will be no discussion on the item. All in favor, say "aye." Anyone in -- Commissioner Winton: No, no. Chairman Sanchez: -- opposition? Commissioner Winton: No. Chairman Sanchez: Madam Clerk, for the record, there's one "no, " Commissioner Winton. DISCUSSION ITEM A motion was made by Commissioner Allen, seconded by Vice Chairman Gonzalez, and was passed unanimously, to schedule an attorney -client session, closed to the public, on March 24, 2005, at 2:30 p.m., for purposes of discussing the pending litigation in the case of Eva Nagymihaly, et al. vs. City of Miami. MOTION Chairman Sanchez: OK. Mr. City Attorney, you need to be recognized -- Jorge L. Fernandez (City Attorney): Yes, just -- Chairman Sanchez: -- and then we'll go for the pocket items. Mr. Fernandez: Very briefly, Mr. Chairman, Commissioners. I'm requesting an executive session, pursuant to Florida Statute 286.011(8), to seek your advice concerning litigation in the case of Eva Nagamahaly versus the City of Miami. 1 request that this executive session be held on March 24, immediately after your lunch break. It's -- I cannot give you an exact time frame, but it is my hope that you'll be able to conduct this executive session; give us the advice we need to proceed in perhaps half an hour or 45 minutes, maximum. It's of great importance that you consider this, and that you agree to call the executive session. Commissioner Allen: 1 make -- Chairman Sanchez: OK. Do we -- Commissioner Allen: I'll make a motion that we accept the City Attorney's recommendation with respect to a shade meeting. Vice Chairman Gonzalez.: Second. Chairman Sanchez: All right, there's a motion for a shade meeting on -- Commissioner Allen:: On -- Chairman Sanchez: -- March the 24th. City q(Miami Page 132 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Commissioner Allen: -- March the 24th, at the lunch break. Chairman Sanchez: Absolutely. There's a motion and -- Commissioner Regalado: At what time? Chairman Sanchez: -- a second for the record. Commissioner Regalado: What time? Chairman Sanchez: Lunch. Commissioner Regalado: What is lunch? Mr. Fernandez: After your lunch break. Commissioner Allen: After -- Mr. Fernandez: That is, at 2:30, if you -- Chairman Sanchez: Yeah. Mr. Fernandez: -- convene at 2:30. Chairman Sanchez: Coming back after our recess, which is about 2:30, usually. Commissioner Regalado: Oh, OK. I thought you meant lunch. Chairman Sanchez: Commissioner Regalado is not here. All right. There's a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Commissioner Allen: Mr. Chairman, before you -- Chairman Sanchez: The shade meeting has been passed. Commissioner Allen: Mr. Chairman, before we complete the vote, will all the Commissioners be present? Chairman Sanchez: Yes. Commissioner Allen: Is that OK -- Chairman Sanchez: Yes. Commissioner Allen: -- Commissioner Regalado? Chairman Sanchez: He's here at 2:30. Commissioner Regalado: Oh, yeah -- Commissioner Allen: Oh. City of Miami Page 133 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Commissioner Regalado: -- I'm here. They just said lunch. Since -- Commissioner Allen: Right. Commissioner Regalado: --1 don't have lunch, then -- Commissioner Allen: And by the way, Mr. Chairman, notwithstanding, I guess this is going to be during the PZ (Planning & Zoning) items, right, agenda? Priscilla A. Thompson (City Clerk): Yes, that would be the PZ agenda. Commissioner Allen: So, is that OK? We can do -- OK. Great. NA.5 05-00243 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: David L. Wilson Commissioner Jeffery Allen Robert A. Young Commissioner Jeffery Allen Motion by Commissioner Allen, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0169 Chairman Sanchez: All right, pocket items. Any pocket items? Commissioner Allen, do you have any pocket items? Commissioner Allen: Yes, Mr. Chairman. I have pocket items concerning board appointments to -- with respect to the Model City Trust and Planning Advisory Board. In connection with the Planning Advisory Board, I've decided to bring aboard two new distinguished gentlemen here in the City, a David Wilson and a Robert Young, replacing Mr. James Black and replacing a Cathy Leff. Vice Chairman Gonzalez.: Second. Chairman Sanchez: OK, there's a motion and a second for the appointments. Any 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. NA.6 05-00246 RESOLUTION City otMiami Page 134 Printed on 3/28/20(15 City Commission Verbatim Minutes March 10, 2005 INDIVIDUAL AS A MEMBER OF THE MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Keith A. Bell Commissioner Jeffery Allen Motion by Commissioner Allen, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0172 Commissioner Allen: And, lastly, Mr. Chairman, this is with respect to Model City Trust. I'd like to appoint a Keith Bell as a member of the board. Chairman Sanchez: Does he need any waivers -- Vice Chairman Gonzalez.: Second. Commissioner Allen: Model City Trust. Chairman Sanchez: -- Madam Clerk? Priscilla A. Thompson (City Clerk): No, he doesn't. Chairman Sanchez: No waivers, OK. There's a motion and a -- Vice Chairman Gonzalez: Second Chairman Sanchez: -- second. Motion is made by Commissioner Allen, second by Vice Chairman Gonzalez. 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 unanimously. NA.7 05-00245 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO APPROPRIATE AN AMOUNT NOT TO EXCEED $15,000, TO COVER EXPENSES FOR A RALLY EVENT THAT WILL BE HELD AT THE COCONUT GROVE CONVENTION CENTER ON MARCH 23, 2005, REGARDING THE PROPOSED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING CUTS; ALLOCATING FUNDS FROM AN ACCOUNT TO BE IDENTIFIED BY THE CITY MANAGER, FOR SAID EVENT. 05-00245-proposal 1.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. City ot'Miami Page i35 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0173 Chairman Sanchez: Any other pocket items? Vice Chairman Gonzalez: Mr. Chairman, I -- it's not a pocket item, but it's a request. We need to direct the City Manager to appropriate up to $15, 0i 0 for the rally event that we're going to held at the Convention Center on March 23, in reference to the CDBG (Community Development Block Grant) proposed cuts. Chairman Sanchez: OK. There is a motion. This is just directing the City Manager to come up with the money, right? Commissioner Winton: Sec -- Vice Chairman Gonzalez: That's correct. Chairman Sanchez: All right. Commissioner Winton: Second. Chairman Sanchez: There's -- Vice Chairman Gonzalez: To pay for expenses -- Commissioner Winton: Second. Vice Chairman Gonzalez: -- related to the event. Chairman Sanchez: This is a rally for the CDBG. Commissioner Winton: Oh. Chairman Sanchez: All right, there's a motion by Vice Chairman Gonzalez. It is second by Commissioner Winton. Commissioner Regalado: At what time is this? Commissioner Allen: This is -- Chairman Sanchez: It is open for discussion. Commissioner Regalado -- Vice Chairman Gonzalez: It's going -- Chairman Sanchez: -- you're recognized. Vice Chairman Gonzalez: -- to be at II o'clock in the morning. Commissioner Allen: On March 24? Vice Chairman Gonzalez.: March 23. Commissioner Allen: Third. Chairman Sanchez: Third. City o/Miami Page 136 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Commissioner Allen: I'm sorry. March 23. Chairman Sanchez: You OK with it? Commissioner Regalado: Yeah. Chairman Sanchez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. NA.8 05-00247 DISCUSSION ITEM Direction to the City Attorney by Commissioner Regalado to provide the Commission with an update on the total settlement costs incurred by the City on "trip and fall" cases for the last two years compared to the cost of repairing the broken sidewalks. DISCUSSED Chairman Sanchez: Commissioner Regalado, you're recognized for pocket items. Commissioner Regalado: OK. My pocket item is very simple. 1 was surprised and then a little troubled because last -- in the last two weeks, we have received two memos of the City Attorney for settlement, requesting to settle cases, and since his authority is under $25, 000, he -- unless somebody objected, then he can settle. I did not object 10 any of those memos, but I just want to make a point here, because 1 checked through the paperwork. Two -- these two memos have to do with trip and fall in sidewalks in the City of Miami in District 4. The problem is that the counsel for the victims used memos that / sent, saying the sidewalk is broken and please do this or do that, and after I sent the memo, after the fact, the trip and fall happened, and this case was on March 11 -- no, March 16, 2002; the other case was on March -- I think it was in July of 2003 or 2004. I'm not sure very well. My point is that on these two cases, we paid $50,000, and we really need to look -- maybe the City Attorney can probably recopy the memo, because these are live liabilities to the City, and at least to go there and just patch the sidewalk, and then move on. I mean, it's cheaper to fir a sidewalk than to pay -- Commissioner Allen: Right. Commissioner Regalado: -- a settlement. 1 mean, with $50, 000, we could have fixed two or three blocks of sidewalks, and that is my pocket item. Actually, it's for the City Attorney to give us an update of how much we have been paying in trip and fall -- Vice Chairman Gonzalez: I second the motion. Commissioner Regalado: -- in sidewalk. Commissioner Allen: I second, but could there be a caveat to your item -- Commissioner Regalado: The caveat is -- Commissioner Allen: -- Commissioner Regalado? Commissioner Regalado: -- we better fix it. If not -- Commissioner Allen: Right. City ofMiami Page 137 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 Commissioner Regalado: -- we have to pay. Commissioner Allen: Maybe we can direct the City Manager to direct CIP (Capital Improvement Project -- Commissioner Regalado: No, but I'm sure when the City Manager --1 mean, I understand -- Commissioner Allen: -- to -- Commissioner Regalado: -- we cannot fix everything, but we just need to know how much we've been paying and how much is to use some money out of other project to fix sidewalks, because people do fall on sidewalks and, in this case, it's -- these are both in the district that I represent, and these are elderly persons that were transported by rescue, Mercy Hospital, both same cases, and --1 mean, it's -- and then, it is the PR, the Public Relation, you know. You know, everybody falls in sidewalks and all that, so 1 guess that first thing is to know how much we're paying, which 1 think we're paying a lot, and -- Chairman Sanchez: Mr. City Attorney, I think that what the Commissioner is requesting is a -- to provide us with a total settlement as to trip and falls. Can you provide us with a report -- Jorge L. Fernandez (City Attorney): I certainly can. That's -- Chairman Sanchez: -- as to cases and amount -- Mr. Fernandez: Yes. Chairman Sanchez: -- that we've paid in the last maybe five years? Mr. Fernandez: Actually -- Commissioner Regalado: Three years. Mr. Fernandez: -- we're doing -- Chairman Sanchez: Three years. Mr. Fernandez: -- two years. If you want to expand it -- Chairman Sanchez: Two years. Mr. Fernandez: -- to five, we could. Chairman Sanchez: No. Commissioner Regalado: Three years. Chairman Sanchez: Two years. Commissioner Regalado: Three years. Chairman Sanchez: But it's reasonable. We -- that's -- it's a concern. Mr. Fernandez: And we'll also give it to you in the context of the state of law in Florida and the burden of proof and then also, together with the Manager, I will come to -- you know, we will City ofMianri Page 138 Printed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 make some recommendations as to how you could evaluate those two issues, the payment for the liability versus the cost offixing and repairing on a notice basis. Commissioner Allen: Right. Chairman Sanchez: All right. This pocket item requires no action. Commissioner Allen: Right. Chairman Sanchez: Is there any other pocket item or any item? Commissioner Allen: Right. Chairman Sanchez: Hearing none, I think the appropriate -- Commissioner Allen: Mr. Chairman, just a quick question of the City Manager. Mr. City Manager -- Joe, City Manager, if I'm not mistaken, we do currently do have a process in place where we are repairing a number of sidewalks throughout the City, because in my residential area, a number of sidewalks were repaired, so we do have something ongoing now, do we not? Yeah. Joe Arriola (City Manager): As a matter of fact -- you had to talk about this, right? One of the things that I'm going to bring forward is a project that we're working, that 1 call the New York Ordinance, which is -- I'd like to sit down and explain it all to you, where there has to be certain notification; there has to be on the record that there's been notified, et cetera, et cetera. It's kind of a long -- let me bring it forward to you -- I'll finish it up with the City Attorney. We're aware of this and it is a concern. NA.9 05-00248 DISCUSSION ITEM Discussion regarding letter to Barbara Rodriguez, Director of the Community Development Department, regarding allegations of misconduct made against an employee in said department. DISCUSSED A motion was made by Chairman Sanchez, seconded by Commissioner Allen, and was passed unanimously, to adjourn today's Commission meeting. Chairman Sanchez: All right. Commissioner Gonzalez. Vice Chairman Gonzalez: Yes. 1 just want to take a couple of minutes from my colleagues to address a copy of a letter that 1 have in my hands that was mailed to Mrs. Barbara Rodriguez, and 1 hope that she's watching. I thought that she was going to be here today, but the letter -- this letter talks -- is about the attitude of some of our employees, specifically -- Commissioner Winton: Some what? Vice Chairman Gonzalez: -- in Community Development. Commissioner Allen: Employees. Vice Chairman Gonzalez: And it refers to one employee and his overall attitude and total disregard for the work of the agencies funded by Community Development, and let me tell you, I believe this letter because when I used to work for a community -based organization, I went through these exercise. There are -- I don't know if the City employees understand that all of City of Miami Page 139 Primed on 3/28/2005 City Commission Verbatim Minutes March 10, 2005 them, as us, we are public servants and we need to be kind, and we need to be polite, and we need to give the best of us to everyone, especially the people that work with -- that have employees under them. They don't need to be nasty. They don't need to be aggressive with the employees. Among the allegations in this letter, it says that you -- one of the things that this gentleman says is, if you miss a mandatory meeting, you won't be funded, and you need to be nice to your contract analyst or else. Another allegation is the arrogance and unacceptable attitude of this person, the lack offairness, and the ability to manager CDBG (Community Development Block Grant) agencies. On the bottom it says, he's constantly assuring us that he has the power to make our lives difficult. Mrs. Rodriguez knows what I'm talking about; she has a copy of this letter or the original of this letter, and I hope that she counsel this employee and make this employee understand that he's not getting paid to treat people this way; that he's getting paid to do a job, to be nice to others and to contribute to help these agencies work -- do their work and perform. They also should realize that if, eventually, these proposed cuts on CDBG become true, they would all be looking for jobs, so don't be so sure that you have control and that you have all the powers that you allege in this letter. Thank you. Chairman Sanchez: All right. I think the appropriate motion here is a motion to adjourn. Commissioner Allen: Second. Vice Chairman Gonzalez: Second. Chairman Sanchez: There's a motion and a second to adjourn. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: All right. Ladies and gentlemen, thank you so much. God bless you and God bless this great City of ours, and have courage. City of Miami Page 140 Printed on 3/28/2005