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HomeMy WebLinkAboutCC 2005-04-14 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us Verbatim Minutes Thursday, April 14, 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 April 14, 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 FR - FIRST READING ORDINANCES BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEMS City of Miami Page 2 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairman Sanchez, Commissioner Regalado and Commissioner Allen Absent: Vice Chairman Gonzalez and Commissioner Winton On the 14th day ofApril, 2005, the City Commission of the City ofMiami, 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: 25 a.m., with Commissioners Gonzalez and Winton absent, recessed at 12:11 p.m., reconvened at 2: 55 p.m., recessed at 3:24 p.m. to convene the Midtown Community Redevelopment Agency (CRA) meeting, reconvened the regular City Commission Meeting at 3: 25 p.m., and adjourned at 3: 29 p.m. Note for the Record: Commissioner Winton entered the meeting at 9: 28 a.m. and Vice Chairman Gonzalez entered the meeting at 9: 37 a.m. ALSO PRESENT: Joe Arriola, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk Sylvia Scheider, Assistant City Clerk Chairman Sanchez: So saying that, why don't we just go ahead and stand up and we'll do a little prayer, and then we'll do the pledge of allegiance, and then we'll go into the presentations and proclamations. Prayer and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 05-00324 CEREMONIAL ITEM Name of Honoree City of Miami Volunteers Brian Kamilar Sean Moynahan 05-00324-cover page.pdf 05-00324-protocol . pdf Presenter Protocol Item Mayor Diaz Commissioner Winton Commissioner Winton Appreciation Award Distinguished Sailor Certificate Distinguished Sailor Certificate Mayor Diaz presented a proclamation to Volunteer Florida, Govenor Bush's Commission on Volunteerism and Service, in recognition of the spirit of volunteerism promoted throughout the State of Florida in the month ofApril. Wendy Spencer, a representative from the Governor's Commission on Volunteerism, presented an inaugural poster to Mayor Diaz in recognition of his dedicated support of volunteers in the City ofMiami for the inaugural Florida Volunteer Month. Mayor Diaz presented Appreciation Awards to City ofMiami employees for their dedication to volunteering throughout the year. Commissioner Winton presented Distinguished Sailor Certificates to Brian Kamilar and Sean Moynahan, who placed second in the Orange Bowl International Youth Regatta. City ofMiami Page 3 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Chairman Sanchez: So having said that, we'll go ahead and go into the presentation and proclamation. Presentations made. MAYORAL VETOES NO MAYORAL VETOES Chairman Sanchez: All right. There are no mayoral vetoes. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Planning and Zoning Meeting of June 27, 2002 Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen Regular Meeting of March 10, 2005 Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen Chairman Sanchez: For the record, we also need to approve the minutes of the following meetings: the Planning and Zoning ofPune 27, 202 [sic]. Is there a motion? Commissioner Winton: So move. Chairman Sanchez: There's a motion by Commissioner Winton. Is there a second? Vice Chairman Gonzalez: Second. Commissioner Allen: 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. Planning and Zoning of June 27, 204 [sic] has been approved. We also need to approve the regular meeting of March 10, 205 [sic]. Is there a motion? Commissioner Winton: So moved. Chairman Sanchez: There's a motion -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- by Commissioner Winton, second by Vice Chairman Gonzalez. It is open for discussion. Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 4 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. ORDER OF THE DAY Chairman Sanchez: Ladies and gentlemen, we do have a voluminous agenda that we would like to work through. What we'd like to do now is, before I get into this -- andl think we always do -- we have to basically read certain items into the record. One is any person who acts as a lobbyist pursuant to the City ofMiami ordinance must register with the City Clerk prior to engaging any lobbying activity with the City or any staff or any boards in the City. Any person making boisterous remarks in the Commission will be politely escorted out of the Commission until they calm down and then they could come back. The printed agenda is distributed five days before in the City Commission. Anyone wanting a copy of that Commission, all they need to do is just check in with the City Clerk and they will be provided one. Anyone -- any person speaking in front of this Commission must register with the City Clerk before stepping up to the dais and making any statements to this Commission. Also, they must state their name and their address in the process. CONSENT AGENDA CA.1 05-00098 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN Capital INCREASE IN COMPENSATION FOR THE PROGRAM MANAGEMENT Improvements SERVICES OF URS CORPORATION, PREVIOUSLY APPROVED BY Program RESOLUTION NO. 04-0120, ADOPTED FEBRUARY 26, 2004, IN AN AMOUNT NOT TO EXCEED $800,000, INCREASING THE COMPENSATION FROM $1,000,000 TO $1,800,000 FOR PROFESSIONAL CONSULTING SERVICES FOR PROGRAM MANAGEMENT; AMENDING RESOLUTION NO. 04-0120 TO REFLECT SAID INCREASE; ALLOCATING FUNDS FOR SAID INCREASE FROM AVAILABLE INTEREST EARNINGS ON THE HOMELAND DEFENSE NEIGHBORHOOD IMPROVEMENT BOND PROCEEDS. 05-00098-resolution.pdf 05-00098-summary form.pdf 05-00098-work order authorization. pdf 05-00098-memo. pdf 05-00098-project report filters.pdf 05-00098-pre resolution.pdf 05-00098-letter. pdf 05-00098-amendment) .pdf 05-00098-agreement. pdf 05-00098-agreement-charts. pdf 05-00098-scope of services.pdf 05-00098-agreement-charts2. pdf 05-00098-fax. pdf 05-00098-program management services. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0207 CA.2 05-00207 RESOLUTION City ofMiami Page 5 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING A Police CONTRIBUTION, IN AN AMOUNT NOT TO EXCEED $5,000, TO THE FLORIDA CHAPTER OF THE FEDERAL BUREAU OF INVESTIGATION NATIONAL ACADEMY ASSOCIATES, INC., AS FINANCIAL SUPPORT TO HOST THE 2005 NATIONAL RETRAINING CONFERENCE TO BE HELD ON JULY 2 - 6, 2005, BY THE DEPARTMENT OF POLICE; ALLOCATING FUNDS IN AN AMOUNT NOT TO EXCEED $5,000, FROM THE LAW ENFORCEMENT TRUST FUND, SUCH EXPENDITURES HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH STATE OF FLORIDA STATUTES, CHAPTER 932.7055, AS AMENDED. 05-00207-resolution.pdf 05-00207-summary form.pdf 05-00207-affidavit. pdf 05-00207-letter. pdf 05-00207-commitment form.pdf 05-00207-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0208 CA.3 05-00259 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE Economic RECOMMENDATION OF THE CITY MANAGER TO APPROVE THE Development FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO THE REQUEST FOR PROPOSAL, THAT THE FIRMS MOST QUALIFIED TO PURCHASE, PLAN, DESIGN AND CONSTRUCT A MIXED -USED PROJECT ON THE CITY OF MIAMI PROPERTY PREVIOUSLY KNOWN AS EL TEATRO MARTI, LOCATED AT 400-430 SOUTHWEST 8TH AVENUE, ARE, IN RANK ORDER: (1) AMCO HOLDINGS, LLC, ("TOP -RANKED FIRM") AND (2) EL TEATRO DEVELOPMENT, LLC ("SECOND -RANKED FIRM"); AUTHORIZING THE CITY MANAGER TO NEGOTIATE A PURCHASE AND SALE AGREEMENT ("AGREEMENT") WITH THE TOP -RANKED FIRM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH THE SECOND -RANKED FIRM, IN THE EVENT THAT THE TOP -RANKED FIRM REQUIRES EXTRAORDINARY ZONING APPROVAL OR SHOULD NEGOTIATIONS FAIL; DIRECTING THAT THE NEGOTIATED AGREEMENT BE PRESENTED TO THE CITY COMMISSION FOR CONSIDERATION. 05-00259-resolution. pdf 05-00259-summary form.pdf 05-00259-pre resolution.pdf 05-00259-pre resolution attachment.pdf 05-00259-clerk letter.pdf 05-00259-memo. pdf 05-00259-letter. pdf Motion by Commissioner Winton, seconded by Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 6 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Noes: 1 - Commissioner Regalado R-05-0206 Chairman Sanchez: Commissioner Regalado, you are recognized. Commissioner Regalado: Mr. Chairman, thank you very much. I just felt that I cannot support this because this is a landmark andl believe that we should have done more in terms of seeking anybody who would do a theater in the area, andl understand perfectly that this is your district and you know better than anybody, but it's just that this belongs to the people of Dade County and the people ofMiami in terms of the historic memory of this theater and that is why -- that's all wanted to know -- that's all wanted to say. Chairman Sanchez: Vice Chairman Gonzalez. Vice Chairman Gonzalez: No comment. Chairman Sanchez: All right. Is Lori here? Lori, that property that has been put out -- and let me just state for the record that I -- I'm a strong supporter and would have done anything within my powers to make sure that we would have had -- that Teatro Marti stayed there in that location, but the property that was put out for surplus, it is my understanding that the property has a long history of bad incidents that, basically, when it comes to fiscal responsibilities, as a Commissioner, I think that one of the main responsibilities that we have as Commissioners here is fiscal responsibility, andl really don't want to get into the sins of the past, butt could stand here and tell you that close to about $2, 000, 000 went into that property to assist a gentleman, who, for many years, directed the Teatro Marti; money that at one time was mismanaged. We did everything within our power -- as a matter offact, Commissioner Regalado, you were here for many years and much -- a lot of us Commissioners, in ninety -- I believe it was in '96 -- '98, and then in late 2000, we continued to provide funds to try to keep him afloat. Then we, as the City deteriorated -- as -- I'm sorry, the property deteriorated, we went into a property that had 25 fire violations. As a matter offact, the property itself was declared a safety hazard; it has asbestos, and we basically put together the RFP (Request for Proposals) to have those companies. We cannot ask developers that are developing in our community, to force them to put a theater. Although, thatl am very supportive of it, and at one time, whatever goes there, I am prepared to work with the City to make sure that there is something there to clearly state that Teatro Marti was a part of our culture, something that we support. However, with the three bids that came in from the individuals, I think you need to put on the record that none of them wanted to put a theater there. Laura Billberry: Lori Billberry, Economic Development. That is correct. Chairman Sanchez: I just wanted to state that for the record because if there's one thing that do have, it's my heritage, andl really am offended when another Commissioner questions that, butt have to take into consideration the fiscal responsibility that have, as a Commissioner, for the City. Thank you. Is there a motion? Commissioner Winton: I will move CA.3. Chairman Sanchez: Is there a second? I will pass the gavel and make -- I second the motion. Commissioner Allen: OK. Vice Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say "aye." City ofMiami Page 7 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Commissioner Regalado: No. Chairman Sanchez: Roll call, Madam -- well, we get a roll call? Vice Chairman Gonzalez: Roll call. Priscilla A. Thompson (City Clerk): Roll call. Commissioner Allen? Commissioner Allen: Aye. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: No. Ms. Thompson: Commissioner Winton? Commissioner Winton: Yes. Ms. Thompson: Vice Chairman Gonzalez? Vice Chairman Gonzalez: Yes. Ms. Thompson: Chairman Sanchez? Chairman Sanchez: Yes. Ms. Thompson: The resolution has been passed, 4/1. Vice Chairman Gonzalez: And if you allow me, Mr. Chairman. Chairman Sanchez: Yes, sir. You're recognized. Vice Chairman Gonzalez: I'm going to explain my vote in favor of this. I'm supporting this because I know that anyways this is going to pass, and you know, we have tried to keep unity at this Commission on support of projects. I do have certain feelings for this theater. I recognize what you have said about the person that was running this enterprise for many, many years. The City did everything in their power to help him and to make this venue successful, and unfortunately, he didn't make it. I don't know why. I don't know what the reasons were, but he didn't make it. I agree with Commissioner Regalado that something should have been done to try to encourage the developer, whoever the developer is, to have a space there so a theater could be open, even though -- andl have to tell this to Commissioner Regalado. You are in the media. You know -- you are -- you have been involved in entertainment or in promotion of entertainment for many, many years, and you know that a theater in the City ofMiami, I don't know why, but at least in the Hispanic community, it doesn't function. People in our community don't go to theaters. We have -- I don't know how the Manuel Artime is functioning at the present time, but the theaters in our City, they function halfway on Saturdays and Sundays. We had a theater that opened at the Trail in your district, the Trail and 37th Avenue, which was a great theater. I remember thatl went to the inaugural ceremony of that theater; it was great what they did there, where Armando Roblan, who's a recognized artist in our community, tried to keep that place open for years and years, and eventually, he had to give it up because he didn't have people attending the functions, so -- but in fact, I do have kind of a mixed feelings on, you know, disappearance of a theater, and at the same time, what are we going to do with the property if nobody wants to build a theater? Are we going to leave -- let that building go down and -- you know, it's dilapidated. It's an eyesore in the community. Nobody's investing or giving any signs of wanting to go in there and rebuild the building and open a new theater there, so you City ofMiami Page 8 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 know, what are the options? Leave the building the way it is, let it go down; have the City invest more money in this venue. I don't think the City should be in the business of investing resources on a, you know, private enterprise, on a venue like this, so you know -- andl know we had three votes, so it was going to approved, and for the sense of unity with my colleagues, I voted yes. Thank you. Commissioner Regalado: Mr. Chairman, ifI may, just briefly. I guess that didn't explain myself very well or I was misunderstood. There wasn't any reference to heritage of anybody or to question the decision of the City. I know -- and you said that, Mr. Chairman, that theater had been a black hole in the past, but the reason that vote as I did is because sometimes cities has responsibilities with culture, and we are doing that in Little Haiti, in other communities. We did that with the Lyric Theater. We spent the money that we needed to spend to help the Lyric Theater. We're doing another theater in the new park in Little Haiti, and you're right, Mr. Vice Chairman. What happened with the Trail is that the roof collapsed and the owner wouldn't want to help because he wants to sell the property to build a condo, and the -- there's no theater that had been closed, other than that, in the City ofMiami. I just thought that government, especially in the government of the City ofMiami, which we are very conscientious about the culture in all the communities, and we have shown that with the Lyric and with the Little Haiti theater that we all support, that we just needed to do a little more, and that's the reason of my vote. It doesn't reflect on the economic decision. I know it's something that needed to be done and that's all want to say. Chairman Sanchez: All right. The item passed four to one. CA.4 05-00260 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING Police FUNDING OF CRIME STOPPERS OF MIAMI-DADE COUNTY INC., ALLOCATING FUNDS IN AN AMOUNT NOT TO EXCEED $10,000, FROM THE LAW ENFORCEMENT TRUST FUND, SUCH EXPENDITURES HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH FLORIDA STATUTES, CHAPTER 932.7055, AS AMENDED. 05-00260-resol ution. pdf 05-00260-summary form.pdf 05-00260-affidavit. pdf 05-00260-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0209 CA.5 05-00261 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING A Police CONTRIBUTION IN AN AMOUNT NOT TO EXCEED $10,000, FOR THE 112TH ANNUAL CONFERENCE OF THE INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE, TO BE HELD ON SEPTEMBER 24TH - 28TH, 2005, BY THE CITY OF MIAMI DEPARTMENT OF POLICE; ALLOCATING SAID FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690001, SUCH EXPENDITURES HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH FLORIDA STATUTES, CHAPTER 932.7055, AS AMENDED. City ofMiami Page 9 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 05-00261-resol ution. pdf 05-00261-summary form.pdf 05-00261-affidavit. pdf 05-00261-webpage. pdf 05-00261-Summary Fact Sheet. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0210 CA.6 05-00262 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A TURF AND LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") FOR MAINTENANCE TO BE PERFORMED BY THE CITY OF MIAMI FOR LANDSCAPING, IRRIGATION AND LANDSCAPE ILLUMINATION LOCATED IN THE MEDIANS OF CORAL WAY FROM BRICKELL AVENUE TO SOUTHWEST 37TH AVENUE, MIAMI, FLORIDA; DIRECTING THE TRANSMITTAL OF A COPY OF THIS RESOLUTION TO FDOT. 05-00262-resolution. pdf 05-00262-exhibitl . pdf 05-00262-exhibit 1 A. pdf 05-00262-exhibit 1 B. pdf 05-00262-exhibitl C. pdf 05-00262-exhibitl D. pdf 05-00262-summary form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0211 CA.7 05-00263 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), AMENDING RESOLUTION NO. 01-484, ADOPTED MAY 24, 2001, WHICH AUTHORIZED THE CITY MANAGER TO EXECUTE MEMORANDUM OF AGREEMENTS, WITH PARTICIPATING AGENCIES, SETTING FORTH THE AGENCIES' RESPONSIBILITIES IN CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF A LOCAL URBAN SEARCH AND RESCUE TASK FORCE COORDINATED BY THE CITY OF MIAMI DEPARTMENT OF FIRE -RESCUE WITH ALL COSTS TO BE REIMBURSED BY STATE AND FEDERAL FUNDING SOURCES, BY INCLUDING THE CITY OF PALM BEACH GARDENS, AS A PARTICIPATING AGENCY, AS STATED IN "EXHIBIT A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT FOR PARTICIPATING AGENCIES, IN SUBSTANTIALLY THE ATTACHED FORM, City of Miami Page 10 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 FOR SAID PURPOSE. 05-00263-resolution.pdf 05-00263-ex h i bitA. pdf 05-00263-exh i bitB. pdf 05-00263-summary form.pdf 05-00263-pre resolution.pdf 05-00263-memo of agreement.pdf 05-00263-memo of agreement attachment. pdf 05-00263-pre resolution2.pdf 05-00263-memo of agreement2.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0212 CA.8 05-00264 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), APPROVING AN INCREASE IN THE AMOUNT OF $200,000, IN THE CONTRACT DATED JUNE 22, 2004, BETWEEN THE CITY OF MIAMI AND T.J. PAVEMENT CORPORATION, FOR THE PROJECT ENTITLED "CITYWIDE STORM SEWER REPAIR PROJECT, B-50712," AUTHORIZED BY RESOLUTION NO. 04-0262, ADOPTED APRIL 22, 2004; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM; ALLOCATING FUNDS FROM PUBLIC WORKS GENERAL OPERATING BUDGET ACCOUNT CODE NO. 001000.311003.6.340. 05-00264-resolution. pdf 05-00264-exhibitl . pdf 05-00264-exhibit 1 A. pdf 05-00264-exhibit 1 B. pdf 05-00264-summary form.pdf 05-00264-pre resolution.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0213 CA.9 05-00266 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Economic ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE Development AMENDMENT NO. FIVE (5), IN SUBSTANTIALLY THE ATTACHED FORM, TO THE LEASE AND DEVELOPMENT AGREEMENT WITH GROVE HARBOUR MARINA AND CARIBBEAN MARKETPLACE, LLC, PROVIDING AN EXTENSION OF THE DATE FOR COMPLETION OF THE LEASEHOLD IMPROVEMENTS AT THE CITY -OWNED PROPERTY LOCATED AT 2640 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, UNTIL SEPTEMBER 30, 2005. City of Miami Page 11 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 05-00266-resolution.pdf 05-00266-exhibitl . pdf 05-00266-summary form.pdf 05-00266-pre resolution.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0214 CA.10 05-00267 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Purchasing PROCUREMENT OF VEHICLES, TRUCKS, VANS AND OTHER EQUIPMENT FROM VARIOUS VENDORS, UTILIZING EXISTING CONTRACTS, PURSUANT TO FLORIDA SHERIFFS ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES AND FLORIDA FIRE CHIEFS' ASSOCIATION BID NOS. 04-12-0823 AND 04-05-0824, EFFECTIVE THROUGH SEPTEMBER 30, 2005, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY THE FLORIDA SHERIFFS ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES AND FLORIDA FIRE CHIEFS' ASSOCIATION, TO BE UTILIZED BY VARIOUS USER DEPARTMENTS AND AGENCIES, ON AN AS -NEEDED CONTRACT BASIS, IN AN ESTIMATED ANNUAL AMOUNT NOT TO EXCEED $1,300,000; ALLOCATING FUNDS FOR FISCAL YEAR 2004-2005, FROM THE GENERAL OPERATING BUDGETS AND GRANTS OF THE VARIOUS USER DEPARTMENTS AND AGENCIES, WITH FUTURE FISCAL YEAR FUNDING SUBJECT ONLY TO AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL. 05-00267-resolution. pdf 05-00267-summary form.pdf 05-00267-bid award.pdf 05-00267-table of contents.pdf 05-00267-ordering instructions.pdf 05-00267-designated manufactures.pdf 05-00267-bid award2.pdf 05-00267-ordering instructions2.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0215 CA.11 05-00268 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Purchasing PURCHASE OF SOD AND SOD INSTALLATION FROM VARIOUS VENDORS, UTILIZING AN EXISTING CONTRACT, PURSUANT TO SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE BID NO. 203-001, EFFECTIVE THROUGH JUNE 3, 2005, SUBJECT TO ANY FURTHER EXTENSIONS OR REPLACEMENT CONTRACTS BY THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE City of Miami Page 12 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 GROUP, TO BE UTILIZED BY VARIOUS USER DEPARTMENTS AND AGENCIES, ON AN AS -NEEDED CONTRACT BASIS, IN AN AMOUNT NOT TO EXCEED $80,000; ALLOCATING FUNDS FOR FISCAL YEAR 2004-2005, FROM THE GENERAL OPERATING BUDGETS OF THE VARIOUS USER DEPARTMENTS AND AGENCIES, WITH FUTURE FISCAL YEAR FUNDING SUBJECT ONLY TO BUDGETARY APPROVAL. 05-00268-resol ution. pdf 05-00268-summary form.pdf 05-00268-contract award. pdf 05-00268-bid. pdf 05-00268-formal bid.pdf 05-00268-BCC memo.pdf 05-00268-BCC letters.pdf 05-00268-four star memo.pdf 05-00268-price adjustment.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0216 CA.12 05-00269 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING AMENDMENT NO. 1 TO THE Improvements PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT") DATED Program OCTOBER 10, 2004, WITH T.Y. LIN INTERNATIONAL/ H.J. ROSS, PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 02-03-163, FOR THE PROVISION OF CIVIL ENGINEERING SERVICES FOR STORM WATER SEWER/ROAD IMPROVEMENT/DREDGING PROJECTS ON A CONTINUING BASIS FOR SPECIFIED PROJECTS, IN AN AMOUNT NOT TO EXCEED $750,000, INCREASING THE CONTRACT FROM $500,000 TO $1,250,000, FOR ADDITIONAL WORK AND POST DRAINAGE SERVICES FOR CURRENT DESIGN PROJECTS; ALLOCATING FUNDS FOR SAID INCREASE, IN A TOTAL AMOUNT NOT TO EXCEED $750,000, FROM THE CAPITAL IMPROVEMENT PROGRAM PROJECTS' BUDGETS AS STATED HEREIN; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO SAID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. City of Miami Page 13 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 05-00269-resolution.pdf 05-00269-exhibitl . pdf 05-00269-summary form.pdf 05-00269-table of contents.pdf 05-00269-PSA. pdf 05-00269-corporate authorization.pdf 05-00269-attachment B.pdf 05-00269-attachment A.pdf 05-00269-RFQ. pdf 05-00269-section 1. pdf 05-00269-secti on2. pdf 05-00269-Projectl .pdf 05-00269-Project2. pdf 05-00269-Project3. pdf 05-00269-Project4. pdf 05-00269-Project5. pdf 05-00269-Project6. pdf 05-00269-Project7. pdf 05-00269-general conditions.pdf 05-00269-special conditions.pdf 05-00269-submitting a response.pdf 05-00269-response form.pdf 05-00269-information form.pdf 05-00269-certificates of authority. pdf 05-00269-indemnification and insurance. pdf 05-00269-affidavit. pdf 05-00269-debarment and suspension. pdf 05-00269-statement of compliance. pdf 05-00269-evaluation-selection process.pdf 05-00269-addendum 1. pdf 05-00269-addendu m2. pdf 05-00269-254. pdf 05-00269-255. pdf 05-00269-addendu m3. pdf 05-00269-proposer's statement.pdf 05-00269-pre resolution.pdf 05-00269-pre resolution attachment.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0217 CA.13 05-00270 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT NUMBER TWO, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), PURSUANT TO RESOLUTION NO. 03-967, ADOPTED SEPTEMBER 11, 2003, FOR THE FLAGLER STREET MARKETPLACE PROJECT, IN AN AMOUNT NOT TO City of Miami Page 14 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 EXCEED $2,607,000, TO AMEND THE PROJECT COST, AGENCIES' PERCENTAGES OF PARTICI "EXHIBIT B" AND THE CONTRACT TIME OF THE AGREEMENT ("JPA"), SUBJECT TO THE TERMS THE JPA. 05-00270-resolution.pdf 05-00270-exhibitl . pdf 05-00270-exhibit2. pdf 05-00270-exhibit2A. pdf 05-00270-summary form.pdf 05-00270-FDOT letter.pdf 05-00270-COM letter.pdf 05-00270-FDOT letter2.pdf 05-00270-pre resolution.pdf 05-00270-supplemental agreement.pdf 05-00270-encumbrance form.pdf 05-00270-cost esti mate. pdf 05-00270-DDA letter.pdf 05-00270-pre resolution2.pdf This Matter was ADOPTED on the Consent Agenda. DESCRIPTION, PROJECT PATION, JOINT PARTICIPATION AND CONDITIONS OF Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0218 CA.14 05-00271 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY PHYLLIS SINGLETON, INDIVIDUALLY, AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF NICHOLAS SINGLETON, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $350,000 (THREE HUNDRED FIFTY 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 PHYLLIS SINGLETON, ETC., ET AL. VS. CITY OF MIAMI, ETC. ET AL., CASE NO. 03-21046-CIV-COOKE, 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. 05-00271-resolution. pdf 05-00271-cover memo.pdf 05-00271-budget. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0219 CA.15 05-00272 RESOLUTION City of Miami Page 15 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY MISTY KINGSLAND, 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 MISTY KINGSLAND V. CITY OF MIAMI, IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE NO. 99-3393-CIV-JORDAN, UPON EXECUTING A GENERAL RELEASE FOR THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.652. 05-00272-resol ution. pdf 05-00272-cover memo.pdf 05-00272-budget. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0220 CA.16 05-00285 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S ACCEPTANCE OF A NINETY -DAY PROMISSORY NOTE, IN SUBSTANTIALLY THE ATTACHED FORM, FROM THE HAITIAN AMERICAN FOUNDATION, INC. ("FOUNDATION"), FOR THE PAYMENT OF THE CITY OF MIAMI DEPARTMENT OF POLICE SPECIAL EVENTS DETAIL FEE, IN AN AMOUNT NOT TO EXCEED $67,140, FOR THE PURPOSE OF ALLOWING THE FOUNDATION TO ATTEND AND PARTICIPATE IN THE WORLD MARDI GRAS 2005 EVENT, WHICH WAS HELD IN DOWNTOWN MIAMI, ON FEBRUARY 12, 2005. 05-00285-resolution. pdf 05-00285-exhibit. pdf 05-00285-summary form.pdf 05-00285-Submittal. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0221 CA.17 05-00293 RESOLUTION Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID OF ENVIRONMENTAL PERFORMANCE SYSTEMS, INC., FOR THE PROJECT ENTITLED "INLETS RETROFIT FOR THE WAGNER CREEK BASIN PROJECT, City of Miami Page 16 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 B-30221" IN THE PROPOSED AMOUNT NOT TO EXCEED $196,480; ALLOCATING FUNDS FROM PUBLIC WORKS GENERAL ACCOUNT NO. 001000.311003.6.340, IN THE AMOUNT NOT TO EXCEED $196,480 TO COVER THE CONTRACT COSTS AND $7,520 TO COVER THE ESTIMATED EXPENSES INCURRED BY THE CITY OF MIAMI, FOR AN ESTIMATED TOTAL PROJECT COST NOT TO EXCEED $204,000; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID FIRM, FOR A PERIOD OF 120 WORKING DAYS. 05-00293-resol ution. pdf 05-00293-exhibitl . pdf 05-00293-exhibitlA. pdf 05-00293-exhibitl B. pdf 05-00293-exhibitl C. pdf 05-00293-exhibit2. pdf 05-00293-exhibit3. pdf 05-00293-exhibit4. pdf 05-00293-exhibit5. pdf 05-00293-exhibit6. pdf 05-00293-exhibit7. pdf 05-00293 - blank exhibits explanation.htm 05-00293-summary form.pdf 05-00293-fact sheet.pdf 05-00293-tabulation of bids.pdf 05-00293-bid security list.pdf 05-00293-account inquiries.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0222 CA.18 05-00310 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Economic CITY MANAGER TO NEGOTIATE FOR PURCHASE, REAL PROPERTY FOR Development ACTIVITIES RELATED TO AFFORDABLE HOUSING IN THE EAST LITTLE HAVANA NEIGHBORHOOD DEVELOPMENT ZONE, AS RECOMMENDED BY THE LITTLE HAVANA HOMEOWNERSHIP ADVISORY BOARD ("ADVISORY BOARD"), WITH PURCHASE PRICE NOT TO EXCEED SUCH LIMITS SET BY THE CITY OF MIAMI; ALLOCATING FUNDS AVAILABLE TO THE ADVISORY BOARD, FOR SAID PURCHASE. 05-00310-resol ution. pdf 05-00310-summary form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0223 City of Miami Page 17 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 CA.19 05-00297 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AMENDING RESOLUTION NO. 04-0792, ADOPTED Improvements DECEMBER 9, 2004, CLARIFYING THAT RESOLUTION NO. 04-0792 Program GRANTS THE CITY MANAGER THE AUTHORITY TO EXECUTE PROFESSIONAL SERVICES AGREEMENTS, IN SUBSTANTIALLY THE FORM ATTACHED TO SAID RESOLUTION, WITH THE QUALIFIED FIRMS TO PROVIDE CONSTRUCTION ENGINEERING AND OBSERVATIONS SERVICES PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 03-04-131; FURTHER RATIFYING THE CITY MANAGER'S EXECUTION OF PROFESSIONAL SERVICES AGREEMENTS WITH THE FIRMS NAMED IN "ATTACHMENT 1," HERETO. 05-00297-resolution.pdf 05-00297-exhibit1. pdf 05-00297-summary form.pdf 05-00297-pre resolution.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0224 Adopted the Consent Agenda Motion by Vice Chairman Gonzalez, seconded by Commissioner Regalado, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton END OF CONSENT AGENDA Chairman Sanchez: We go to the consent agenda, as always. Mr. City Manager, is there any consent agenda item that you would like to pull from the agenda? OK, comes to the Commission. Any Commissioner wishing to pull any of the items for a discussion, please state it for the record now. Is there any items? Hearing none -- Commissioner Regalado: I need to -- just for discussion or for a different vote, I'm looking at it. It's -- wait a minute. Which one is -- Oh, CA (consent agenda) -- Which one is the Marti Theater, Mr. Manager, Mr. -- Chairman Sanchez: That is CA. 3. Commissioner Allen: CA. 3. Commissioner Regalado: Oh, CA.3. Commissioner Allen: CA. 3. Yeah, CA.3. Chairman Sanchez: That is CA.3, so you need -- you're making a motion to pull the item? Commissioner Regalado: No, no pull. City of Miami Page 18 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Commissioner Allen: For dis -- Commissioner Regalado: Just to -- Commissioner Allen: For discussion? Chairman Sanchez: Discussion. Commissioner Regalado: For discussion. Chairman Sanchez: OK. There is a motion -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- for discussion of the item. Vice Chairman Gonzalez: I second it. Chairman Sanchez: It is second, so the item is under discussion. Commissioner Regalado. Commissioner Regalado: Sony? Chairman Sanchez: You're recognized -- you had -- (UNINTELLIGIBLE) -- Commissioner Regalado: No, I just want -- Chairman Sanchez: You want to discuss it now or you want to -- Commissioner Regalado: No, I just wanted to -- if we need to vote on the whole consent agenda, just vote separate on this one. Chairman Sanchez: OK, so CA. 3 has been pulled for a discussion. Is there any other item from the consent agenda? Hearing none, is there a motion to approve the remaining consent agenda? Vice Chairman Gonzalez: Move it. Commissioner Regalado: Move it. Chairman Sanchez: There's a motion by Vice Chairman Gonzalez, second by Regalado. It is open for a discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." The consent agenda has been approved, except CA.3, which is being pulled for discussion. City of Miami Page 19 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 PERSONAL APPEARANCES PA.1 05-00273 DISCUSSION ITEM REPRESENTATIVE(S) FROM THE OVERSIGHT COMMITTEE FOR THE SOUTHEAST OVERTOWN/PARK WEST AND OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCIES TO ADDRESS THE COMMISSION CONCERNING THEIR FINAL REPORT. 05-00273-email.pdf 05-00273-Submittal. pdf DEFERRED PA.2 05-00181 Chairman Sanchez: All right. We move -- CIP (Civilian Investigative Panel) -- is CIP ready? Mr. Handfield, is he here? All right. Unidentified Speaker: Commissioner, we're asking for a few more minutes. Chairman Sanchez: Yes, ma'am. Well, you asked time certain. I put it down as time certain. OK. We'll get back to you in a few minutes. Personal appearance, we have the CRA (Community Redevelopment Agency) Oversight Board. Are they here? They're not here either? Commissioner Allen: Personal appearance. Which board? Chairman Sanchez: We're doing them after the break, OK. Chairman Sanchez: I believe that P1.A [sic], which is the CRA (Community Redevelopment Agency) Oversight Board will be deferred to the next Commission meeting -- Priscilla A. Thompson (City Clerk): What did he say? Chairman Sanchez: -- regular Commission meeting because apparently, there was a mis -- Ms. Thompson: I'm sorry. I didn't hear you. I'm sorry. Chairman Sanchez: Madam Clerk, just to clean up the agenda -- Ms. Thompson: Right. Chairman Sanchez: -- DI.3 has been deferred to the next regular Commission meeting. PA.1, there was a miscommunication between the Chair and one of the representatives, and therefore, they won't be here to give us the report. I know that the City Manager and the Mayor and the Commissioners have all received the report from the CRA Oversight Board. We will bring it up at the next regular meeting, and therefore, the following meeting we'll take action on it. Commissioner Allen: OK. Chairman Sanchez: OK, so that takes care of that. 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. City of Miami Page 20 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 05-001 81-email.pdf DISCUSSED Chairman Sanchez: Then we go to the Children's Trust. Mr. Norwood. Sir, welcome to City Hall. Commissioner Allen: Yeah. Christopher Norwood: Thank you very much. Chairman Sanchez: You're recognized. Mr. Norwood: I believe the City Clerk is passing around our annual report. First of all, I want to say good morning. My name is Christopher Norwood. I work for the Children's Trust of Miami -Dade County. Want to give greetings to the Chair, to the Mayor, to the Manager, and of course, my professor, Professor Allen. Commissioner Allen: Thank you. Good seeing you. Mr. Norwood: I'm here today to present to you our annual report. This is something that we do not because we're mandated to do it, but because we tax the property here in the City ofMiami pretty significantly, but we also fund a lot of programs here, and we feel it's our duty and our responsibility to let you know exactly what we're doing. A little more than two years ago, the people of this community passed, by a 2/1 vote, a dedicated source offunding for children. Over the past year, we have begun spending those dollars. Those are your dollars and you deserve an update on how your money is being spent. These accomplishments reflected here in this document represent our first nine months offunding, from January through September 2004. We tax property on -- throughout the whole county at about 0.5 millage rate. That creates about $65, 000, 000 in the first year. We rolled it back in the second year to accommodate for the increase in the value of property so that we maintain the same level offunding. We give these dollars to various programs throughout Miami -Dade County. I've provided with you -- for you a document that shows exactly where the money is going in the City ofMiami. Several programs are being funded here in the City ofMiami, several in each district, and in fact, just last week we awarded some more dollars to some more agencies that are reflected on the 8 by 14 page that I provided for you. Included within that is the City ofMiami Parks. We're funding a program at Moore Park, as well; the Foundation for Community Assistance and Leadership at Holmes Elementary, American Children's Orchestras, that is located in various schools, but think (UNINTELLIGIBLE) is where they have the majority of the programs, and I've been there before and -- and ifyou haven't seen these little kids play these instruments, I advise you to do so. I'm not going to take up a lot of your time. If you have any questions, please contact us andl will complete my presentation there. Chairman Sanchez: Thank you, Mr. Norwood. Are there any questions pertaining to this presentation, this personal appearance? If not -- Vice Chairman Gonzalez: I do have a question. Chairman Sanchez: Mr. Vice -- Mr. Norwood: Yes, sir. Chairman Sanchez: -- Chairman Gonzalez, you're recognized. Vice Chairman Gonzalez: I have -- I do have a community based organization in my district that had applied for funds from this trust for two consecutive years, and even though they have letters of recognition from many schools in the district and from many parents that supported the City ofMiami Page 21 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 program for the services that they provided to their kids during the summer vacations and other times, and after school and all that, they have been denied assistance from this fund andl wonder -- and also, let me add that this organization, even though it's in Allapattah, they provide services for kids from all over --from different areas of the County, not only for the kids in Allapattah. Different elected officials supported their application, different organizations supported their applications. Schools in the area supported their applications. I mean, they presented a good program, and they, once again, were denied assistance. This doesn't surprise me because Allapattah seems to have a problem with people wanting to support them or wanting to help them to achieve the goals of coming out of poverty and being treated at the same level as other communities, but I see here that you assigned funds to Florida International University, if I'm reading correctly, yes, Florida International University, $500, 000. Their requested funding was $1, 500, 000. Apparently, you know, this organization was better connected than this poor community based organization in Allapattah. What I'm going to do is I'm going to tell the reverend to make sure that he try to start connecting himself properly with the right people so he may have a chance to be funded next year. That's my comment. Chairman Sanchez: All right. Mr. City Manager, do you think we're getting a fair share of this? Joe Arriola (City Manager): Well, obviously, after hearing Commissioner Gonzalez, I don't feel so sure that we get a fair share. I know we work well with the Children's Trust and we're getting -- but I would like to really get involved in that -- Vice Chairman Gonzalez: No. I think it's too late. I think it's too late. Even the Mayor -- the Mayor is very familiar with the program because he's been there. He has seen the program function. He wrote a letter of support, OK, as many other elected officials, and it's the second time that the organization is denied funding, but it doesn't surprise me because coming from Allapattah and spending in Allapattah -- or having to spend in Allapattah over 15 years of my life working in that community, I remember that whenever I requested fundingftom the County for the Allapattah community, I was always denied the funding. We were always denied the funding. Apparently, there is a serious problem of disparity on the assignment and the allocation of funding in our city. It all depends how you're connected, who you're connected with, and you know, and what is your circle of friends; that's how you're treated. Mr. Norwood: May I respond? Chairman Sanchez: Yes, sir. Mr. Norwood: Yeah. I'm not in a position to talk specifically about any grant proposal written by any organization, but what I will say is that the Children's Trust has a very well respected grant process done by outside people. The full board then votes on what the recommendations of staff is. We have a 33-member board, chaired by David Lawrence. On that board is the Mayor ofMiami-Dade County, a representative from the National League of Cities -- Vice Chairman Gonzalez: May I interrupt you? You just mentioned a name, Mr. David Lawrence. When you were trying to pass this through the voters, he requested that I be present in my community supporting this, andl took my personal time to go to different meetings at night to support this issue, and now when I claim a little piece of this money for my community, my community is denied the funding. Chairman Sanchez: Sir. Mr. Norwood: As I was saying, we have a very independent grant process. Included within that, of course, our demands on agencies are very high and that has been noted in the community, but we're trying to raise the bar and include a lot of other programs and services for young people at a high quality, and it's not to say that we have not funded programs in Allapattah. We fund the City of Miami Page 22 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Greater Miami Prosperity Campaign that represents the Earned Income Tax Credit outreach for all of the City ofMiami. There's several programs that we do that appeals to each and every district, but I feel what you're saying, Commissioner -- Commissioner Allen: Right. Mr. Norwood: -- Gonzalez, andl will address your concerns with the Manager -- Commissioner Allen: Right. Mr. Norwood: -- directly to our CEO (Chief Executive Officer) and have a response for you. Commissioner Allen: Mr. Chairman, if I may. Chairman Sanchez: Commissioner Allen, you're recognized. Commissioner Allen: Chris, is there any solution to Commissioner Gonzalez's problem that you can think of? Mr. Norwood: Well -- Commissioner Allen: How would you resolve it? I'm just curious. Mr. Norwood: I don't know the agency andl don't want to talk specifically about particular agencies, but whatever I can do to make sure that the dollars are equitably distributed throughout this county, I will make -- put forth every effort to make sure that the agencies are aware of our requirements -- Commissioner Allen: Requirements. Mr. Norwood: -- that they reach every bar in that application and that they take advantage of the capacity training that we have through the Trust. Chairman Sanchez: All right. Commissioner Regalado: Mr. Chairman. Chairman Sanchez: Is there any other question? Commissioner -- Mr. Norwood: Yes, sir. Chairman Sanchez: -- Regalado. Commissioner Regalado: You said that they -- the funding were spread throughout the five districts of the City ofMiami? Mr. Norwood: I believe so. Commissioner Regalado: No, that's not the case. Mr. Norwood: Well, there may not be sites in every part of the City, but we have prevention and promotion dollars that are -- that spread throughout most of the County, meaning the advocacy programs. For instance, the Greater Miami Prosperity Campaign, these are dollars that are spread throughout sites that provide for tax assistance, and those people who use those tax assistance can come from anywhere, and they outreach throughout the whole City, so that's the City ofMiami Page 23 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 program that we fund that is available for members of every district. Commissioner Regalado: Yeah. I was reading the list that you have provided. There's only one site in District 4 of all the sites in the City ofMiami that was funded and this is through the Mayor's office. The Mayor applied for after school program in Shenandoah Park. Maybe some of the residents of the district, as you say, do use other facilities and I'm not going, of course, to dispute the poverty levels in other areas, but a lot of people voted in good faith, as Commissioner Gonzalez said, for this two years ago, three years ago, I guess, and -- because we were told that this money that we're paying $0.50 on each $1, 000 of property value was to be used to get health insurance for the children ofMiami-Dade County. That was the campaign that Mayor Pinellas did, andl distinctly remember that because I did several programs with him, andl guess that has not been the case, although it is very important that you fund these programs, but seems to me that probably some of the programs in District 4, which is a very Hispanic and poor to middle age -- middle class, lower middle class, have not learned of this trust, nor they have applied, or if they have, they have been rejected. If you would do this to me -- Mr. Norwood: What's that? Commissioner Regalado: -- I would like to find out if you can send us a list of the projects that have been rejected in the past two years to see where they are located, and understand why they were not funded Mr. Norwood: I'll be happy to do that. I would just need a procedural request from your office for that, and I'll be happy to provide that to you. Commissioner Winton: What's a -- Commissioner Regalado: Sure. I will do that. Commissioner Winton: -- procedural request? Chairman Sanchez: All right. Thank you. Is there any other questions? Thank you, sir. Mr. Norwood: Thank you very much. City ofMiami Page 24 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ DISTRICT 1 VICE CHAIRMAN ANGEL GONZALEZ DISTRICT 2 COMMISSIONER JOHNNY L. WINTON DISTRICT 3 CHAIRMAN JOE SANCHEZ D3.1 05-00315 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH TRANSIT HOME FOR THE CUBAN REFUGEES, INC. ("LICENSEE"), FOR USE OF THE CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT 151 NORTHWEST 27TH AVENUE, MIAMI, FLORIDA ("PROPERTY"), FORA TERM OF TWENTY (20) YEARS COMMENCING ON THE DATE THE CITY MANAGER RECEIVES EVIDENCE OF FUNDING AND APPROVES CONSTRUCTION PLANS FOR THE RESTORATION WORK TO CONVERT THE PROPERTY INTO A MUSEUM; WITH A USE FEE OF $1.00 EVERY TWELVE MONTHS AND SUBJECT TO THE FOLLOWING CONDITIONS: 1) THIS AGREEMENT CAN BE REVOKED AT WILL BY THE CITY; 2) IN THE EVENT THE CITY TERMINATES THE AGREEMENT WITHOUT CAUSE, THE CITY SHALL REIMBURSE THE UNAMORTIZED COST OF THE ELIGIBLE RESTORATION WORK AT THE PROPERTY; 3) LICENSEE SHALL BE RESPONSIBLE FOR RAISING THE NECESSARY FUNDS FOR THE RESTORATION WORK BY FEBRUARY 28, 2006; 4) LICENSEE AT ITS SOLE COST AND EXPENSE SHALL PERFORM THE RESTORATION WORK IN ACCORDANCE WITH ALL APPLICABLE LAWS AND REGULATIONS; 5) LICENSEE SHALL OBTAIN ALL NECESSARY PERMITS AND LICENSES FOR THE USE OF THE PROPERTY; AND 6) LICENSEE SHALL BE RESPONSIBLE FOR ALL REPAIRS, MAINTENANCE, UTILITIES, INSURANCE AND INSTALLATION OF NECESSARY EQUIPMENT TO OPERATE IN THE PROPERTY; WITH OTHER TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. 05-0031 5-resolution. pdf 05-0031 5-exhibitl . pdf 05-0031 5-exhibit1 A. pdf 05-0031 5-exhibitl B. pdf City of Miami Page 25 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0226 Chairman Sanchez: We move on, D3.1, which is my blue page. Vice Chairman Gonzalez: I'll move D3.1. Commissioner Winton: Second. Chairman Sanchez: All right, but Lori, could you put it into the record? I think it's important that we put items into the record so people know what we're voting for. Laura Billberry: OK. Lori Billberry, Economic Development. This is a revocable license agreement with Transit Home for Cuban Refugees, for the building at 151 Northwest 27th Avenue. It will be for a term of 20 years that it will have a -- be revocable at will by the City. The organization will have until December 31 to raise the necessary funds to make the improvements, and if they're able to meet that, then upon the Manager's approval, it will become effective. In the event the City terminates the agreement at will, prior to the expiration of the 20 year period, we will reimburse them for the cost of the improvements amortized on a straight-line method over the 20-year period, with a cap of 750, 000. Chairman Sanchez: All right. Vice Chairman Gonzalez: Mr. Chairman. Chairman Sanchez: Is -- Commissioner Allen: Mr. Chairman. Vice Chairman Gonzalez: I'm happy to move this item because I remember about a year and a half ago, more or less, we promised Mr. Arturo Cobo -- Commissioner Winton: Who turned our lights out? Vice Chairman Gonzalez: -- who's sitting in the audience, that we would support the museum for the rafters, andl know it has been hard to find a location and to find -- because we are scarce of properties, and I'm very happy to see that we finally are able to assist Mr. Cobo on establishing this museum, which will show to the world the tragedy of our Cuban brothers and sisters dying on the waters trying to reach liberty and to reach freedom and opportunities, so I'm honored to move this item. Chairman Sanchez: Commissioner Regalado. Commissioner Regalado: Thank you, Mr. Chairman. Chairman Sanchez: Well, first, let's get a motion and a second. Commissioner Winton: We have one. Commissioner Regalado: Yeah. Chairman Sanchez: We have a motion and a second? City of Miami Page 26 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Priscilla A. Thompson (City Clerk): Yes, you do. Chairman Sanchez: OK. Commissioner Regalado, you're recognized. Commissioner Winton: Could someone turn the lights back on? Chairman Sanchez: Yeah, somebody please. Commissioner Winton: Somebody from our staff know how to turn the lights on? Anybody from staff? They're all asleep? Chairman Sanchez: No. Somebody just leaned against the wall and -- Commissioner Winton: Yeah. Chairman Sanchez: -- it dims down the lights -- Commissioner Winton: But he doesn't know how to do it. Chairman Sanchez: -- which I'm OK with. Commissioner Winton: We have no staff people here who know how to turn the lights on. That's not very impressive. Chairman Sanchez: All right. Go ahead, Commissioner Regalado. Commissioner Regalado: Last week, there was a presentation in the Florida Legislature of the Cuban rafters history, and Governor Bush was there, as well as all the other legislatures. The Smithsonian Museum wants the presentation of the rafters in Washington, so it's only fitting that the City ofMiami will participate. The only thing that l just wanted to ask you, Lori, is you said that they have until like December to get the funding. Ms. Billberry: That's correct, December 31. Commissioner Regalado: But you understand that the cycles in the State, in terms of funding for cultural museums, may run until January or February of the next year because the applications, they go in -- into the State Department for the Division of Culture and Museums in September, October. They make the decisions in January, so the funding may be available by not December, but maybe January or February, so what I'm trying to do, with your permission, Mr. Chairman, is to extend for three more months the funding window because that is when the State of Florida offers the grants. Chairman Sanchez: Well, once a resolution is made, we can make an amendment to it. I -- when you're done, I'll speak. I apologize -- Commissioner Regalado: No. Chairman Sanchez: -- for the interruption. Commissioner Regalado: That's it. Chairman Sanchez: You're done? Commissioner Winton. Commissioner Winton: I have a bit of a technical question that I don't understand about the City ofMiami Page 27 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 lease. It says that should the lessee leave the premises -- they're going to put the money in, but then they get the money back on, I think, a pro rata basis, on an -- Ms. Billberry: Only if the City terminates it at will. If they leave on their own, there will be no reimbursement. Commissioner Winton: OK. That was my whole question. If we terminate it, then -- OK. Got it. That's what wanted -- Chairman Sanchez: Yes, sir. Commissioner Winton: -- to understand. Joe Arriola (City Manager): Yeah. In response to Commissioner Regalado, we have absolutely no problem. I was just telling them the December 31, 2005 was set by them. That's the date they gave us. I mean, I have no -- Commissioner Regalado: Yeah, but -- Mr. Arriola: -- problem. Commissioner Regalado: -- they may not know. Mr. Arriola: OK. Commissioner Regalado: They may not know -- Mr. Arriola: It's fine, but -- Commissioner Regalado: -- that -- Mr. Arriola: -- I'm just saying that -- Commissioner Regalado: -- the funding cycle extend to February. Mr. Arriola: Commissioner, I have no problem, but I'm just telling you that that's the date they gave us. Commissioner Regalado: No, I understand. Chairman Sanchez: As the Chair, and following protocol, we -- I always speak last. Let me just state for the record that we have been working on this for quite some time now with the Transit Home for the Cuban Refugee, Inc., but we also have worked -- at one time, there were several agencies in our community, the nonprofit organizations that really wanted to focus on the cultural aspect and the history aspect of the Cuban exile community to focus in Little Havana. Through the efforts of the arts and cultural aspect, we have worked with all these agencies to try to assist them in basically bringing them in to where they need to be, and that's Little Havana. Through this effort of negotiations that I've been gone back and forth, and I'm sure the attorney will elaborate on that, we have, I believe, entered into a reasonable agreement with this organization that's going to assist us in not only placing history and cultural, but also providing tourism to an area that we are focused on trying to make it more tourist -like, such as, you know, Little Havana and all the things that are happening there, so in this process itself through the negotiation, I strongly believe, as the creator of putting all the parties together to try to get this deal done, that it is in the best interest of all, including the nonprofit organization and the City, as to has been defined. As to the deadline, Lori is correct. They set the deadline, but it always City of Miami Page 28 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 was an agreement that, through the whole process -- and Commissioner Winton, who has left, I wanted to make sure that we explain -- they are going to go out and raise the money. We're not giving them any money. They're going to go out and raise the money. They're going to do the necessary capital improvements to the project -- the property, and it's only fair to make an argument in this case that if, under the terms that are set forth in this agreement, something should happen and they were to leave, they would be compensated on a proactive way because they're the ones that put the money into it, but as the Commissioner of that area, let me tell you thatl am ecstatic to have this type of museum in Little Havana, andl continue to work with other organizations that are seeking to come in Little Havana to showcase the true history of the Cuban exile community, so having said that, I want to afford the opportunity to counsel, who worked -- who represented the other side in this long and, at times, frustrating process, so, counsel, I'll recognize you to say a few words, and then, of course, we have a motion and a second, and we could vote on this resolution and move forward on this great project. Jorge del Valle: Thankyou, Mr. Chairman. My name is Jorge del Valle and I'm the general counsel and member of the board of directors of the House of Transit since the outset in 1992. I was involved in negotiating and drafting the final agreement by which it's at this -- it's for consideration in this Chamber. IfI may please the Commissioners, as well as the Chairman and the Administrator, the reason we had put a December 19, 2005 date is because we were negotiating this before the legislature convened this year, and we were anticipating being able to present requests for funding to the legislature before we executed the contract, or at the same time. However, due to the constraints of the negotiations and by which you have the agreement here for consideration, we were not able to be timely presenting requests to the legislature for funding. Independent from that, we are going to be actively pursuing funding, maybe not necessarily for the improvement alone, but for the operational budget of the museum. Independent from that and collateral with that, we are anticipating to go to the public, seek public funding through private donations, this being a general cost not only of the Cuban -American community, but the United States citizens at -large, in that we are trying to manifest and establish what we think is a very crucial museum to illustrate not only the plight of the Cuban Americans coming to this country, but the tenets by which we stand in this country, as well, so with that in mind, I would like to be sure that that agreement is flexible, so if we do not meet the funding requirements by December 16, that we have the opportunity to modift, or renew the contract at that point. Chairman Sanchez: I believe there will be amendment to this resolution supporting that, sir, so having -- Mr. Del Valle: Thankyou. Chairman Sanchez: -- said that, there's a motion and a second. Commissioner Regalado, could you state the amendment to the resolution? Commissioner Regalado: Mr. Chairman, this is a friendly amendment extending the window of opportunity to February of 2006. Ms. Billberry: To February -- Chairman Sanchez: All right. Ms. Billberry: 28. Chairman Sanchez: I'm sorry? Commissioner Regalado: February 28. City of Miami Page 29 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Mr. Del Valle: Actually, we -- I just want to be sure we encompass the deadline for the legislature, but it will not be -- the legislature will not pass any requests for funding until after the session is adjourned. I just want to -- Commissioner Regalado: But I was thinking on the State Department of the State of Florida cycle of funding. I -- probably you will try to go to the legislature. That would be May of next year, but what I'm saying here is that, let's try for the State Department, which is the Cultural Affairs arm of the State of Florida, and these are -- this is the entity that funds museums, and then, if you are not successful, you know, you just come back. Mr. Del Valle: OK. Well, thank you, Mr. Chairman. Chairman Sanchez: All right. Does the maker of the motion and the second accept the friendly amendment? Vice Chairman Gonzalez: I accept the amendment. Commissioner Winton: Yes. Chairman Sanchez: They accept. Having said that, it's a resolution. Madam Clerk, do you have it for the record? OK. All in favor, say "aye.' The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay. " Motion carries. Congratulations. Mr. Del Valle: Thankyou, Mr. -- Mr. Arriola: Mr. Chairman, while Mr. Del Valle is there, I want to recognize you. I don't know if you guys know the history of Mr. Del Valle. He's never been in front of us, but Mr. Del Valle, as a fifteen -year -old, was the youngest member of the Brigade of 2506 that was unfortunately successful, but as a fifteen -year -old, he was -- he kind of responded to the call of duty as a very young man, and I'm very proud to be his friend for a long, long time. Mr. Del Valle: Thank -- Mr. Arriola: Andl wanted to recognize his presence here today. Commissioner Allen: Congratulations on that. Didn't know that. Mr. Del Valle: Thankyou, Mr. -- Commissioner Allen: That's pretty good. Mr. Del Valle: --Administrator, andl appreciate your recognition, and I'm honored to have you as a friend, as well. Chairman Sanchez: The honor is mine. Thank you. DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 05-00249 DISCUSSION ITEM City of Miami Page 30 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 DISCUSSION CONCERNING AN UPDATE FROM THE CITY ATTORNEY'S OFFICE AND THE ADMINISTRATION ON FAMILY BOARDING HOME INC. 05-00249-cover memo.pdf DISCUSSED Chairman Sanchez: What's -- we could -- Vice Chairman Gonzalez: Mr. Chairman. Chairman Sanchez: -- go ahead and move some of these items out of the way, and Commissioner Regalado, I know you have to leave soon, sir. With all due respect, are there any items that you would like to table for your discussion? Commissioner Regalado: No, but I can do my three -- Chairman Sanchez: Yes, let's go ahead and get your blue pages out of the way. Commissioner Regalado: -- which are very -- Chairman Sanchez: All right, Commissioner Regalado, you're recognized for your blue pages. Commissioner Regalado: OK. One -- they're just questions for the City Attorney. Mr. City Attorney, on the issue of Family Boarding Home, what is the stat -- Commissioner Winton: What item are we on? Jorge L. Fernandez (City Attorney): On that issue, you need to know that Family Board Home, Inc. has sued the City for the last decision, the denial of that special exception. They have filed an emergency petition for a Writ of Stay to stay the City's enforcement of you know, ousting them or of stopping that use, and they have also filed a petition for Writ of Cert. (certiorari). Commissioner Winton: Who's the "they," did you say, Mr. City Attorney? The "they " -- Mr. Fernandez: I'm sorry. Commissioner Winton: -- you're talking about. I didn't hear you. Mr. Fernandez: The "they" is Family Boarding Home, through the law offices of Neil Jonad Also, together at the same time, if you remember, several months ago, you had authorized the City Attorney's Office to retain the services of an outside attorney to assisted in that, and we have, pursuant to that City resolution, asked the law -- asked Mr. Maxwell, the -- who happen to have been the young man that represented the neighborhood group here in front of you on the day in which we made the presentation and the day you considered that special exception. He is now representing the City against the Family Boarding Home in circuit court on those two proceedings that they have filed and so we're pretty much in the thick of litigation with Family Boarding Homes. Commissioner Regalado: OK. One question on this one. Although the City is enjoined by this action -- Mr. Fernandez: Right. Commissioner Regalado: -- to take any punitive action against Family Boarding Home, they are also mandated to stop any work or any things that they are doing in terms of the structures, if -- City of Miami Page 31 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 some of them are doing construction. Mr. Fernandez: I would have to check on that. I don't know that we have moved for any stay of this or any status call. Commissioner Winton: Maybe we should. Mr. Fernandez: And then, that's -- Commissioner Regalado: Because what they are doing is they're trying to buy time to fix some of the code enforcement issues, you know what mean? Mr. Fernandez: Well -- Commissioner Regalado: It was just a part, which is separate completely. Mr. Fernandez: Correct, and then -- Commissioner Regalado: But the point is that we are enjoined, but they are not. Mr. Fernandez: All right, andl hear what you're saying. What we would need to do is talk to the attorney who's representing us and make sure that, together, we analyze the issue of whether we can also move to enjoin themfrom proceeding to cure other building defects that we have cited them under code enforcement. To me, off the bat, that would sound counterproductive because through the code enforcement proceeding, what we seek is compliance, and so if they're complying, coming up to code, doing what they're expected to do, we would be hard-pressed to ask the Court to enjoin themfrom doing what we have asked them to do in the first place -- Commissioner Regalado: That -- Mr. Fernandez: -- and so we need to discuss that as a matter of strategy with the attorney. Commissioner Regalado: That is so true, but at the same time, any action of granting them legality by the City will be used against the City, and you know that. Mr. Fernandez: Correct, and so that needs to be looked in that larger context, and that needs to be brought to the Court's attention. Commissioner Regalado: OK. Do you -- like timetable, do you know anything? Mr. Fernandez: We were in court last week and we have filed -- our attorney has filed papers trying to throw them out of court, as improvidently seeking the jurisdiction of the Court. We're trying to force them into a process of having to come in front of this Board again, and the attorney is very capable in terms of making sure that we put them -- Commissioner Winton: Our attorney, you mean? Mr. Fernandez: Huh? Commissioner Winton: Our attorney -- Mr. Fernandez: Our attorney, yes. Commissioner Winton: -- is very capable. City of Miami Page 32 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Mr. Fernandez: Our attorney is doing -- Commissioner Winton: Yeah, I like him. Mr. Fernandez: -- an excellent job for the City. D4.2 05-00250 DISCUSSION ITEM DISCUSSION CONCERNING AN UPDATE FROM THE ADMINISTRATION ON THE STATUS OF THE MEETING BETWEEN THE ADMINISTRATION AND FAA OFFICIALS TO DISCUSS THE OPERATIONAL NOISE MITIGATION PROCEDURES ENVIRONMENTAL ASSESSMENT FOR MIAMI INTERNATIONAL AIRPORT. 05-00250-cover memo.pdf 05-00250-MIA letter.pdf DISCUSSED Commissioner Regalado: The last thing, very brief this is to the Manager. Mr. Manager, on the issue of the noise abatement meeting that we were seeking with FAA (Federal Aviation Administration) and the lease in Virginia Key, have they responded? Laura Billberry: Lori Billberry, Economic Development. We have spoken with the New York office. At this point, they've shipped the report to their New England office for review. They have not provided any time commitments though on the timeframe that they will review it by. They're just taking several months at this point, is all they will acknowledge. Commissioner Regalado: OK, so -- Joe Arriola (City Manager): Let me tell you something that I found out that is even worse than that, Commissioner. It's sad, but it's the truth. Even if they were to go along with everything, at the end of the day, the guy in the tower -- Commissioner Regalado: I know. Commissioner Winton: Here. Commissioner Regalado: I know. He's the one -- Mr. Arriola: Here. Commissioner Winton: We know. Commissioner Regalado: -- that -- Mr. Arriola: He does whatever he wants. Commissioner Regalado: No, but -- Commissioner Winton: No. Commissioner Regalado: No. Commissioner Winton: No, no, no. Commissioner Regalado: No. He has a boss, and this is why we are seeking -- City of Miami Page 33 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Mr. Arriola: He has a boss, but he could always claim -- Commissioner Winton: Yes. He has the power to make a decision -- Mr. Arriola: Yes. Commissioner Winton: -- unilaterally that is contrary to (UNINTELLIGIBLE), but he still -- Mr. Arriola: It's sad. Commissioner Winton: -- as Commissioner Regalado says -- Mr. Arriola: Yeah. Oh, I agree. Commissioner Winton: -- has a boss, and that's where we need to be going. Mr. Arriola: Yeah, yeah. Commissioner Regalado: I am telling -- I don't have any problem in bringing back this lease because we already started the motion for them to study this, but I tell you something, what this person is doing in the tower here is going against even the opinion of the professionals in Miami -Dade County, besides the Board. Commissioner Winton: And we need to get -- Commissioner Regalado, I think -- and you've got connections here. I think we both have. We need to get to our congresspersons -- Commissioner Regalado: Exactly. Commissioner Winton: -- and with his name and with his attitude, and let our United States Congresspersons help us have a little more two-sided conversation with this guy that thinks he's king of the tower. Commissioner Regalado: So, I mean, you know, I don't -- if you want to bring the lease back, it doesn't matter anymore because we already started the process, so why hold the lease for this reason. However, we do need to communicate with the people in New England because they -- you know, it's a sense of urgency that we have to bring to them. Remember that, in January of next year, we have new regulations, FAA (Federal Aviation Administration) regulations. Thank you. Chairman Sanchez: All right. Any other items, Commissioner? All right. Let's go -- Commissioner Regalado: Oh, I do have a pocket item, but in the afternoon, if you -- Chairman Sanchez: Well, pocket items will be at the end. Commissioner Winton: They're at the end. D4.3 05-00251 DISCUSSION ITEM DISCUSSION CONCERNING AN UPDATE FROM THE CITY ATTORNEY'S OFFICE ON THE STATUS OF THE APPEAL REGARDING THE MIAMI-DADE COUNTY PROPERTY APPRAISER NON -BINDING STRAW BALLOT QUESTION. 05-00251-cover memo.pdf City of Miami Page 34 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 DISCUSSED Commissioner Regalado: OK. The other issue is the appeal -- the court of appeals timetable on the elections, straw ballot election. Jorge L. Fernandez (City Attorney): We have filed the appellate briefs on that. The appellate court is sitting on it. They have promised us an expedited process, which means that they may forego the need for oral arguments and just rule on the briefs, as we have submitted them, and we're expecting, hopefully within a month -- that's -- it's hard to predict when appellate courts. Sometimes, even though they put themselves on an expedited schedule, they take longer than what we -- you andl may think of as being expeditious. Commissioner Regalado: OK. DISTRICT 5 COMMISSIONER JEFFERY L. ALLEN City of Miami Page 35 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 PUBLIC HEARINGS PH.1 05-00274 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS Fire -Rescue (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 NINE (9) TACTICAL COMMUNICATIONS PACKAGES, A MOBILE COMMAND SYSTEM, WITH ACCESSORIES, INCLUDING WARRANTY, FOR THE DEPARTMENT OF FIRE -RESCUE, FROM 308 SYSTEMS, INC., THE SOLE SOURCE MANUFACTURER, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $130,422; ALLOCATING FUNDS FROM THE FEDERAL GRANT ENTITLED, "URBAN AREAS SECURITY INITIATIVE GRANT PROGRAM II," PROJECT NO. 110111, ACCOUNT CODE NO. 280910.6.840. 05-00274-resol ution. pdf 05-00274-summary form.pdf 05-00274-m e m o l . pdf 05-00274-memo2. pdf 05-00274-memo3. pdf 05-00274-ad. pdf 05-00274-notice to public.pdf 05-00274-TacPak. pdf 05-00274-308 systems. pdf 05-00274-letter. pdf 05-00274-patent. pdf 05-00274-308 quotations.pdf 05-00274-award. 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-05-0234 Chairman Sanchez: We'll move to PH.1. PH.1 is a resolution. It's a public hearing. Is there anyone from the City on this item? Ladies and gentlemen, we will go through till 12:30, and then we'll be back at 2:30, so let's get staff ready so we could breeze by these public hearings. PH.1 is a resolution of the City ofMiami Commission for a four -fifth vote, affirmative vote, after an advertised public hearing, ratifying, approving and confirming the City Manager's finding of a sole source; waiver [sic] the requirements for a competitive sealed bidding procedures and approving the acquisition of nine tactical communication packages, a mobile command center, with accessories. Who's that for, is that for Fire? Commissioner Regalado: Move it. Commissioner Allen: That's Fire? Yes. Chairman Sanchez: Chief. Commissioner Winton: Second. City ofMiami Page 36 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Chief William "Shorty" Bryson: Yes, sir, it's for Police and Fire. Chairman Sanchez: All right, Chief you've got to put something on the record. Commissioner Allen: Right. Chairman Sanchez: And the reason why I always state that is because people that are watching Net-9 see us vote on things; there's nobody there, and they go "What are we waiting for," you know. Chief Bryson: Yes, sir. Some of the units are for Fire and some are for Police. Chairman Sanchez: All right. Is there a motion? Priscilla A. Thompson (City Clerk): We just need a name for the record, please, sir. Chairman Sanchez: Oh, that's our chief. Commissioner Regalado: I already moved it. Chairman Sanchez: OK, you got it? Chief Bryson: William Bryson, Fire Chief -- Chairman Sanchez: Yes. Chief Bryson: -- City ofMiami. Commissioner Winton: Andl second it. Chairman Sanchez: Shorty. Known as Shorty. All right. Commissioner Winton: Andl second it. Chairman Sanchez: There's a motion and a second. Before we vote, it's a public hearing. Anyone from the public wishing to address this item, please step forward and be heard. Seeing none, hearing none, the public hearing is closed, coming back for the Commission for any discussion. Hearing none, it's a resolution. All in favor, say "aye." Commissioner Allen: Wait. Does this require a four fifth? Chairman Sanchez: Yes, it does, and we do have a four fifth. Commissioner Allen: Right. Yeah, OK. Chairman Sanchez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay. " It passes on a four -fifth vote. PH.2 05-00160 RESOLUTION City ofMiami Page 37 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE ACQUISITION OF EIGHTEEN (18) XTS1500 AND TWO (2) XTS5000 PORTABLE RADIOS WITH SMARTNET SOFTWARE AND ACCESSORIES, FOR THE DEPARTMENT OF PUBLIC WORKS, FROM MOTOROLA, INC., THE SOLE SOURCE PROVIDER, FOR A TOTAL AMOUNT NOT TO EXCEED $33,246; ALLOCATING FUNDS FROM THE FEDERAL GRANT ENTITLED, "URBAN AREAS SECURITY INITIATIVE GRANT PROGRAM II," PROJECT NO. 110111, ACCOUNT CODE NO. 280910.6.840. 05-00160-resol ution. pdf 05-00160-summary form.pdf 05-00160-memol . pdf 05-00160-memo2. pdf 05-00160-memo3. pdf 05-00160-ad. pdf 05-00160-notice to public.pdf 05-00160-motorola memo.pdf 05-00160-quote. pdf 05-00160-motorola. pdf 05-00160-xts 1500. pdf 05-00160-xts 5000.pdf 05-00160-award. pdf 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-05-0235 Chairman Sanchez: PH.2 is a resolution. Stephanie Grindell: Stephanie Grindell, Director of Public Works. PH.2 is a resolution approving the sole source purchase of 20 portable radios with Smartnet software, using the UASI (Urban Areas Security Initiative) grants. Chairman Sanchez: All right. Commissioner Regalado: Move it. Chairman Sanchez: Is there a motion? Commissioner Regalado: Move it. Chairman Sanchez: There's a motion -- Commissioner Allen: Second. Chairman Sanchez: -- by Commissioner Regalado, second by Commissioner Allen. Before we open it up for discussion, is there anyone in the public 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 any further discussion. Hearing none, we're on PH.2, Vice Chairman City of Miami Page 38 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 PH.3 05-00275 Department of Public Works Gonzalez. We go -- it's a resolution. All in favor, say "aye. The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay. " Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "MOON BAY," A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 05-00275-resol ution. pdf 05-00275-exhibitl . pdf 05-00275-exhibit 1 A. pdf 05-00275-exhibitl B. pdf 05-00275-exhibitl C. pdf 05-00275-exhibit maps.pdf 05-00275-summary form.pdf 05-00275-ad. pdf 05-00275-notice of public hearing. pdf 05-00275-memo. pdf 05-00275-notice of public hearing2.pdf 05-00275-legal description.pdf Motion by Commissioner Winton, 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-05-0239 Chairman Sanchez: And we move on the PH.3, which is also a resolution. This is a public hearing. Madam Director. Stephanie Grindell (Director, Public Works): PH.3 is a resolution accepting the plat of Moon Bay, located on the south side of 29th Street, between Northeast 4th Avenue and Biscayne Bay. Commissioner Allen: Move the item, Mr. Chairman. Chairman Sanchez: All right. There is a motion by Commissioner Allen. Is there a second? Commissioner Winton: Second for discussion only. Chairman Sanchez: Second by Commissioner Winton, for the purpose of discussion. Commissioner Winton, you're recognized. City of Miami Page 39 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Commissioner Winton: How many units are already on that site? Ms. Grindell: Already, I have no idea. Commissioner Winton: Well -- Ms. Grindell: I know this is for 61 units for a 12-story residential building. Commissioner Winton: Yeah, but here's the issue. This is in Edgewater -- we've had this discussion 15 times, at minimum, where you have an area there that got upzoned in the mid-'80s; we're building density, density, density with roads that were designed for single-family and small multifamily buildings, and people are doing things -- developers are doing things by right because it's zoned that way, but approving a plat isn't by right; it requires an action of the Commission, and so if it's running contrary to a direction that we're trying to get around, why would we approve the plat? I don't know that we shouldn't, but I just wonder if anybody in the City has even thought about this or that this is just kind of a -- it stayed with Plat Committee and nobody thought about the consequences of this increased density here, and that's my question. Ms. Grindell: Well, the Plat and Street Committee is attended by several different departments, and each department makes their recommendation. The Planning Department is one of the representatives there. Commissioner Winton: Could we find out how many units are on the site? And would move to defer until we get that answer -- Chairman Sanchez: All right. The item -- Commissioner Winton: -- or continue -- I don't know what the -- Mr. City Attorney, I don't want to necessarily hold it up. If we get the answer this afternoon, I'm fine -- Jorge L. Fernandez (City Attorney): Right. Commissioner Winton: -- on dealing with the question. Mr. Fernandez: All right. Commissioner Winton: If we don't, then I would like to move it to the next meeting. Chairman Sanchez: PH.3 has been deferred to this afternoon, if we -- if Commissioner Winton has a response. If not, it'll be moved to the next regular Commission meeting. Chairman Sanchez: OK. Moving right along, what's the next item? Priscilla A. Thompson (City Clerk): You still have PA.1 and PH.3, along with your Boards and Committees. Chairman Sanchez: Yeah. Let's -- well, PA.1 may be deferred to the next Commission meeting. Commissioner Winton: What's the plat thing we have? Chairman Sanchez: And we go to PH.3, which was a plat that you, Commissioner Winton, asked for information on. Commissioner Winton: Yes. So moved. City of Miami Page 40 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Chairman Sanchez: OK. There's a motion on PH.3. It's a public hearing. Is there a second? Commissioner Regalado: Second. Commissioner Allen: PH (Public Hearing) -- Commissioner Winton: That was the plat that I wanted -- Chairman Sanchez: Yes. Commissioner Allen: Yeah. Commissioner Winton: -- more information on. Commissioner Allen: I'm sorry. Yes. Chairman Sanchez: All right. Commissioner Winton: And by the way, for the record -- Chairman Sanchez: There's a second. It's a public hearing. Barbara Gomez -Rodriguez (Director, Community Development): PH.3. Chairman Sanchez: 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. Is it an ordinance? Commissioner Allen: It's -- Mr. City Attorney -- Ms. Thompson: It's a resolution. Commissioner Allen: -- is it an ordinance? Chairman Sanchez: It's a resolution? Mr. Fernandez: No, it's a resolution. Commissioner Allen: Resolution. Chairman Sanchez: OK, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say nay. Motion carries unanimously. PH.4 05-00276 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "KANE ESTATES," A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS City of Miami Page 41 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 05-00276-resol ution. pdf 05-00276-exhibitl . pdf 05-00276-exhibit 1 A. pdf 05-00276-exhibit 1 B. pdf 05-00276-exhibitl C. pdf 05-00276-exhibit maps.pdf 05-00276-summary form.pdf 05-00276-ad. pdf 05-00276-notice of public hearing. pdf 05-00276-memo. pdf 05-00276-notice of public hearing2.pdf 05-00276-legal description.pdf 05-00276-Voting Conflict. pdf Motion by Commissioner Allen, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Allen Abstained: 1 - Commissioner Winton Absent: 1 - Commissioner Regalado R-05-0236 Chairman Sanchez: We move on to PH.4. Commissioner Winton: Mr. Chairman, on PH.4, I have a conflict and have to leave the room. Chairman Sanchez: OK. Stated for the record, and is that -- does that require a four fifths vote? Commissioner Allen: No, it doesn't. Chairman Sanchez: It does not, OK. It's a resolution. Could someone from the administration state it for the record? Stephanie Grindell (Director, Public Works): PH.4 is a resolution accepting the plat of Kane Estates, which is located on the southerly corner ofAlatka Street and Onaway Drive. Commissioner Allen: Right. I move the item, Mr. Chairman. Chairman Sanchez: All right. There is a motion -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- by Commissioner Allen, second by Vice Chairman Gonzalez. It's a public hearing. Anyone wishing to address this item, please step forward and be heard. Seeing none, hearing none, the public hearing is closed, coming back to the Commissioner for discussion. Is there any discussion? Hearing none, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 42 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 PH.5 05-00277 Department of Public Works Chairman Sanchez: Anyone in opposition, having the same right, say "nay. " Motion carries, 3/0. ORDINANCE Public Hearing AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE V/SECTION 54-190 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/BASE BUILDING LINES/NONSTANDARD STREET WIDTHS," BY MODIFYING THE WIDTH OF NORTHEAST 6TH STREET BETWEEN NORTHEAST 2ND AVENUE AND BISCAYNE BOULEVARD, MIAMI, FLORIDA; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 05-00277-ordinance FR-SR.pdf 05-00277-summary form FR_SR.pdf 05-00277-supplement FR-SR.pdf 05-00277-request for notice FR-SR.pdf 05-00277-notice to public FR-SR.pdf 05-00277-memo FR-SR.pdf 05-00277-location sketch FR-SR.pdf 05-00277-memo2 FR-SR.pdf 05-00277-memo3 FR-SR.pdf 05-00277-location sketch2 FR-SR.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Allen, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado Chairman Sanchez: PH.5 is an ordinance. It's a public hearing. Madam Director. Stephanie Grindell (Director, Public Works): PH.5 is an ordinance amending section 54-190, entitled nonstandard street widths to reduce the zone street width from 75 to 50 feet on Northeast 6th Street, between Northeast 2ndAvenue and Biscayne Boulevard, adjacent to the Freedom Tower. Chairman Sanchez: All right. Is there a motion? Commissioner Allen: I move it. Vice Chairman Gonzalez: I'll move it. Chairman Sanchez: There's a motion by -- Commissioner Allen: I second. Chairman Sanchez: -- Vice Chairman Gonzalez, second by Commissioner Allen. It is an ordinance requiring 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, and we come back to the Commission. Hearing no discussion on the item, Mr. City Attorney, read it into the record, then Madam Clerk will take a roll call. The ordinance was read by title into the public record by the City Attorney. City of Miami Page 43 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Chairman Sanchez: PH.4. Priscilla A. Thompson (City Clerk): Roll call. Commissioner Allen? Commissioner Winton: PH.4? Commissioner Allen: Aye. Commissioner Winton: 4? No, I had a conflict with four. Ms. Thompson: PH.5. Commissioner Allen: 5. Chairman Sanchez: Sony. Ms. Thompson: I'm sorry. Commissioner Allen? Commissioner Allen: Aye. Ms. Thompson: Thank you. Commissioner Winton? Commissioner Winton: Yes. Ms. Thompson: Vice Chairman Gonzalez? Vice Chairman Gonzalez: Yes, ma'am. Ms. Thompson: Chairman Sanchez? Chairman Sanchez: Yes. Ms. Thompson: The ordinance has been passed on first reading, 4/0. PH.6 05-00278 ORDINANCE Public Hearing Department of (4/5THS VOTE) Public Works AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE V/ SECTION 54-186 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/BASE BUILDING LINES/ESTABLISHED," BY ALLOWING AN AERIAL ENCROACHMENT OF A RECREATIONAL FACILITY AT JOSE MARTI PARK OVER AND ACROSS SOUTHWEST 5TH STREET BETWEEN SOUTHWEST 3RD AVENUE AND INTERSTATE 95, MIAMI, FLORIDA, BY REVOCABLE PERMITS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 05-00278-o rd i n a n ce. pdf 05-00278-summary form.pdf 05-00278-ad. pdf 05-00278-notice of public hearing. pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Allen, that this matter be ADOPTED as an emergency measure, waiving the requirement for two separate readings PASSED by the following vote. City of Miami Page 44 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado 12673 Direction to the Administration by Commissioner Winton to provide visuals of the proposed new recreational facility at Jose Marti Park. Chairman Sanchez: PH.6 is an ordinance, which requires a public hearing. Madam Director. Stephanie Grindell (Director, Public Works): PH.6 is an emergency ordinance amending Chapter 54-186 to allow an aerial encroachment over the public right-of-way of Southwest 5th Street between I-95 and Southwest 3rdAvenue for the purpose of constructing a recreational facility at Jose Marti Park. Chairman Sanchez: All right. Vice Chairman Gonzalez: I'll move PH.6. Chairman Sanchez: There is a motion by Vice Chairman Gonzalez. Is there a second? Commissioner Allen: Second. Chairman Sanchez: Second by Commissioner Allen. Before we open it up for discussion, it is 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 any discussion. Hearing no discussion, it's an ordinance, Mr. City Attorney, read it into the record. The ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: All right. Vice Chairman Gonzalez: Roll call. Chairman Sanchez: Madam Clerk, roll call. Priscilla A. Thompson (City Clerk): Roll call. First roll. Second roll call. The ordinance has been adopted as an emergency measure, 4/0. Commissioner Winton: By the way, do we have any visuals on this? I mean, it sounds really great. I'd like to see it. I'm -- is this page 6 or 7? Chairman Sanchez: That's 6. We're going -- Commissioner Allen: This is 6. Chairman Sanchez: -- to 7 now. Commissioner Winton: Yeah, 6. Are there any visuals? Mary Conway (Director, Capital Improvements & Transportation): Yes, there are visuals, but don't have them for today. Commissioner Winton: Oh, yeah, but you could get them to me? City of Miami Page 45 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 PH.7 05-00312 Department of Economic Development Ms. Grindell: Absolutely. Commissioner Winton: Yeah, I'd love to see it. Ms. Grindell: Absolutely. Commissioner Winton: OK, thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CONCERNING THE UNIFIED DEVELOPMENT PROJECT ("UDP") FOR THE CITY -OWNED PROPERTY COMMONLY KNOWN AS THE MELREESE GOLF COURSE, LOCATED AT 1802 NORTHWEST 37TH AVENUE, MIAMI, FLORIDA, CONSISTING OF APPROXIMATELY 135 ACRES; AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROPOSALS ("RFP"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE DEVELOPMENT OF IMPROVEMENTS TO SAID PROPERTY WHICH SHALL INCLUDE A GOLF COURSE, HOTEL, CLUB HOUSE, PRO SHOP, AND OTHER RELATED GOLF AND HOTEL AMENITIES AND MAY INCLUDE RECREATIONAL, ENTERTAINMENT, EDUCATIONAL AND/OR CULTURAL FACILITIES, CONVENTION AND/OR CONFERENCE FACILITIES, TIMESHARES, RETAIL, AND ANCILLARY RELATED USES SUCH AS OFFICES AND PARKING; SELECTING A CERTIFIED PUBLIC ACCOUNTING FIRM AS STATED HEREIN, TO EVALUATE PROPOSALS SUBMITTED IN RESPONSE TO SAID RFP FOR THE UDP; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH SAID FIRM AND TO PRESENT THE NEGOTIATED AGREEMENT TO THE CITY COMMISSION FOR CONSIDERATION; FURTHER APPOINTING A REVIEW COMMITTEE TO EVALUATE PROPOSALS RECEIVED IN RESPONSE TO SAID RFP, FOR THE UDP. 05-00312-resol ution. pdf 05-00312-exhibitl . pdf 05-00312-exhibit2 SUB.pdf 05-00312-exhibit3. pdf 05-00312-summary form.pdf 05-00312-notice to public.pdf 05-00312-memo.pdf 05-00312-summary sheet.pdf 05-00312-Pursuant. pdf 05-00312-Modification. pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-05-0237 Chairman Sanchez: All right. PH.7 is a resolution. Madam Director, could you explain the resolution, and also put the amendments on the record? Laura Billberry: Yes, sir. Lori Billberry, Economic Development. This is a resolution that's authorizing issuance of an RFP (Request for Proposals) for the development of improvements to City of Miami Page 46 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Melreese Golf Course, and the improvements will include a golf course, hotel, clubhouse, pro shop, and related golf and hotel amenities. The resolution further authorizes negotiations with Sharpton, Brunson and Company as the CPA (Certified Public Accountant) firm that will review the proposal. We also are appointing a review committee that will evaluate the proposals when they are received. The members of the public are Richard Berkowitz, David Brown, Jack Williams andManolo Reyes, and members from the City staff will be Linda Haskins, Otto Boudet-Murias, and David Rosemond. I submitted to everyone yesterday two proposed changes to the RFP. One is that, regarding the hotel, it is going to be capped at 349 rooms in order to avoid a lengthy DRI (Development of Regional Impact) process. The second is that we are asking that they explicitly state the proposed fees that they plan to charge that their pro forma will be based on, and include the amount of discount that will be provided to City residents. Commissioner Winton: For use of the -- Commissioner Allen: Right, that's -- Commissioner Winton: -- facility. Ms. Billberry: For use of the golf course facilities, yes. Commissioner Allen: For use of the golf course, right, yes. Ms. Billberry: Yes. Commissioner Allen: OK. Ms. Billberry: We -- a public meeting was held, at the Commission's request, that was quite successful, back in the end of February. There were no objections raised at that time regarding this matter. We're currently undertaking a survey that will be attached to the final RFP that will include the exact legal description of the property that I just wanted to point out for your information. Commissioner Allen: Right. Ms. Billberry: And if you have any questions, I'll be happy to answer them. Commissioner Allen: Yes. Commissioner Winton: I don't know. I think -- Commissioner Allen: Mr. Chairman, I have a quick question. Commissioner Winton: -- we're making -- well, I think we're making Commissioner Gonzalez's district way too good here, you know. Chairman Sanchez: We're going to have to bring it back. Vice Chairman Gonzalez: That is going to be my legacy for future generations -- Commissioner Allen: Exactly. Vice Chairman Gonzalez: -- of District I. Chairman Sanchez: All right. Is there -- City of Miami Page 47 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Commissioner Allen: Mr. Chair -- Chairman Sanchez: -- a motion? Commissioner Allen: Yes, but I just have a quick question for Madam Billberry. Now, based on what you said regarding these amendments, this clearly -- this particular RFP, it would clearly mandate that this piece of property is not going to be converted into a private course. I don't want anyone to get -- Ms. Billberry: That is correct. Commissioner Allen: -- that impression. Ms. Billberry: That is correct. Commissioner Allen: Right, so when any developer comes in and says "well, I need to get a return on my dollars because the part of the RFP here says there must be a substantial financial return to the City, and one way to do that is increase green fees, and we want to make sure -- because I'm very familiar with these processes, and l just want to make sure that doesn't happen in your negotiations or pursuant to this RFP. Ms. Billberry: No. This RFP, it will remain a public golf course, and all -- we're providing that they provide a discount for City of Miami residents. Commissioner Allen: Right. Joe Arriola (City Manager): And at the end of this whole thing, you know, you're going to approve this. Commissioner Allen: Right. Mr. Arriola: I mean, whatever happens, you guys are going to have final say-so -- Commissioner Allen: OK. Mr. Arriola: -- on this thing, so it's not like we're going to do it now. We'll present -- I mean, they'll present to us and then we'll present to you, and you guys pick whatever you want -- - Commissioner Allen: OK. Mr. Arriola: -- on this thing, so -- Ms. Billberry: Right. We will bring that back to you later in the year with the recommendation on who to negotiate with. Chairman Sanchez: All right. It's a resolution -- Commissioner Allen: Thank you. Chairman Sanchez: -- that requires 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. It's a resolution. Was there a motion? Vice Chairman Gonzalez: I'll move it, but I want to clam -- City of Miami Page 48 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Commissioner Winton: Second. Chairman Sanchez: Wait, wait. OK, there's a motion by Vice Chairman Gonzalez, second by Johnny Winton, and Commissioner -- Vice Chairman Gonzalez, you're recognized for any point of clarification you may have to this resolution. Vice Chairman Gonzalez: OK. On page 1 of my back-up documents, it's -- the 300-plus room hotel and each related amenities may be offered off -site. What does that mean, off -site? Ms. Billberry: Well, we were providing an opportunity for hotels that might be off site, such as the Wyndham or other hotels in the area to utilize the golf course as an amenity to their golf course. However, we are requiring that they -- remain competitive financially on the return to the City by still providing a percentage of gross revenues on hotels. Commissioner Allen: Right. Mr. Arriola: Commissioner, let me explain that to you, and we just put that kind of like cover all the -- suppose the Wyndham right now comes and says to us, I won't build a hotel. You could use my hotel and I'm going to give you everything you want. (UNINTELLIGIBLE) we'll give you the revenue and our rooms, we'll give you the -- I mean, I don't think that will happen. Vice Chairman Gonzalez: No, that will never happen. Mr. Arriola: But just in case that they might want to keep the competition out of there, we just left that avenue open. You never know. We've seen crazier things in the -- at this time, and if the Wyndham says, we'll take it and we'll give you a piece of the action anyway; I want to keep competition out of there, I didn't want to close that door in case they decided to do that because I mean, obviously, they have a hotel there and, you know, they will -- Commissioner Allen: Right. Mr. Arriola: -- give us the money. Commissioner Allen: Right. Mr. Arriola: Be a lot easier, but don't think it will happen, but -- Commissioner Allen: Right. Mr. Arriola: -- I wanted to leave the door open. Commissioner Winton: For a point of clarification also, because I know that many residents of Grapeland Heights are probably watching this Commissioner meeting -- Mr. Arriola: Yes. Vice Chairman Gonzalez: -- and you just stated that the hotel is going to be kept at a minimum - - at a maximum of 349 rooms because you don't have to get whatever other permits you need. Well, that's not the reason. Mr. Arriola: No. Vice Chairman Gonzalez: Let's make it clear. Commissioner Winton: Right. City of Miami Page 49 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 10:30 A.M. Vice Chairman Gonzalez: Let's make it clear here that when I call that community meeting or that public meeting to present this project to the community, what we told the community was that we were going to build a hotel of a maximum of 350 rooms, OK. It was going to be built -- they were going to have a clubhouse and other amenities related to the golf course and to the hotel, so that is the only reason why we are at 349 rooms because otherwise, I assure you, that you'll be proposing to build 103,300 rooms over there and maybe an additional park and who knows, OK, so -- because, you know, some of our staff they have, you know -- they're magnificent on inventing things, so that is the reason why it's 349 rooms because that's what we told the community that we were going to do there, and that's what is going to be done, andl promised my community that support me on this that I won't allow anything else that I know they don't want there. Thank you. Chairman Sanchez: All right. Is there a motion? Commissioner Winton: I made the motion. Commissioner Allen: I second the motion. Chairman Sanchez: OK. Commissioner Allen: Move the item. Chairman Sanchez: For the record, (UNINTELLIGIBLE) then, you know -- well, there's a motion and a second. It was already opened up for the public and closed, so at this time, it is a resolution. Any further discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone against? Passes unanimously, as amended. Ms. Billberry: Thank you. Note for the Record: A sign language interpreter was present during Items PH.8 through PH.16. PH.8 05-00279 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS Community (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, Development RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING THAT IT IS NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI TO CONDUCT COMPETITIVE SEALED BIDDING PROCEDURES, WAIVING SAID REQUIREMENTS, PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE COALITION TO END CHILDHOOD LEAD POISONING, INC., A NON-PROFIT ENTITY, TO PROVIDE TECHNICAL ASSISTANCE TO THE DEPARTMENT OF COMMUNITY DEVELOPMENTS MIAMI UNLEADED PROGRAM, FOR A THREE-YEAR PERIOD, IN AN AMOUNT NOT TO EXCEED $225,000; ALLOCATING SAID FUNDS FROM THE SPECIAL REVENUE ACCOUNT ENTITLED "MIAMI UNLEADED PROGRAM," PROJECT NO. 184200. City of Miami Page 50 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 05-00279-resolution.pdf 05-00279-summary form.pdf 05-00279-memo. pdf 05-00279-public notice.pdf 05-00279-pre resolution.pdf Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Allen Absent: 1 - Commissioner Sanchez R-05-0227 Chairman Sanchez: OK. Commissioner Regalado, you have your items, but I believe that we have to get the public hearings out, the pub -- PH (public hearing) items because the translator - Commissioner Regalado: No problem. Chairman Sanchez: Do you mind if we -- Commissioner Regalado: No, no, no. Chairman Sanchez: I don't think we -- Commissioner Regalado: We'll do it in the afternoon. Chairman Sanchez: OK. Commissioner Regalado: They're quick. Chairman Sanchez: We'll have your items in the afternoon, OK. All right. Barbara Gomez -Rodriguez (Director, Community Development): PH.8. Chairman Sanchez: Commissioner's item, blue pages -- Commissioner Regalado's items will be heard in the afternoon, and therefore, we go to PH.1. Ms. Gomez -Rodriguez: PH.8. Jorge L. Fernandez (City Attorney): PH.8. Chairman Sanchez: PH what? Mr. Fernandez: PH.8. Ms. Gomez -Rodriguez: 8. Vice Chairman Gonzalez: Wait, wait, wait. Wait. Chairman Sanchez: I'm sorry, yes. Commissioner Allen: PH.8. Chairman Sanchez: Yes, PH. -- City of Miami Page 51 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Ms. Gomez -Rodriguez: Barbara -- Chairman Sanchez: -- 8. Ms. Gomez -Rodriguez: Barbara Rodriguez, Department of Community Development. We're requesting approval to fund $225, 000 for a period of three years to the Coalition to End Childhood Lead Poisoning, Inc. They were a part of our bid when we presented the bid to US HUD (United States Department of Housing and Urban Development). Commissioner Regalado: Wait, wait, wait. Ms. Gomez -Rodriguez: We lost the -- Unidentified Speaker: We need -- Ms. Gomez -Rodriguez: We need you. Vice Chairman Gonzalez: Go ahead. Commissioner Winton: You got a quorum right there. Ms. Gomez -Rodriguez: This is part of the grant that we were awarded November 18, 2004 for $3, 000, 000. Vice Chairman Gonzalez: All right. This is a public hearing. Anybody that wants to address -- Commissioner Regalado: I'll move -- Vice Chairman Gonzalez: -- the Commission -- Commissioner Regalado: I move the resolution. Commissioner Winton: Second. Vice Chairman Gonzalez: OK. We have a motion. Anybody from the public -- Priscilla A. Thompson (City Clerk): I'm sorry -- Vice Chairman Gonzalez: -- that wants to address the Commission -- yes, Madam -- Ms. Thompson: I'm sorry, Chair. On this one, it is a four fifth -- Mr. Fernandez: Yeah, four fifth. Ms. Thompson: -- resolution. Vice Chairman Gonzalez: It is a four fifth? Ms. Thompson: Yes. Mr. Fernandez: Yes, it is. Vice Chairman Gonzalez: We have Commissioner Allen here, so we are all right. OK. City of Miami Page 52 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Commissioner Allen: Where are we? Vice Chairman Gonzalez: Seeing none, hearing none, the public hearing is closed. We have a motion and we have a second. All in favor -- Commissioner Allen: This was with respect to PH.8, correct? Vice Chairman Gonzalez: All in favor, say "aye. Ms. Gomez -Rodriguez: PH.8. Vice Chairman Gonzalez: PH.8. Commissioner Allen: Right, right. Commissioner Regalado: PH.8. Commissioner Allen: Wait, before we go, I just have a quick question on this. I'm sorry, I was delayed. We're waiving competitive bid here, right? It's concerning lead poisoning. Ms. Gomez -Rodriguez: We were awarded a $3, 000, 000 -- Commissioner Allen: Right. Ms. Gomez -Rodriguez: -- grant in November, and they were part of our application, and they're the one that will be helping us in the next three years. Commissioner Allen: OK. Vice Chairman Gonzalez: All right. Commissioner Allen: Right, thanks. Vice Chairman Gonzalez: All in favor, say "aye. The Commission (Collectively): Aye. Vice Chairman Gonzalez: All opposed have the same right. Motion carries. Commissioner Allen: Right. PH.9 05-00280 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO CONVEY, WITH Development PARCEL REVERTER PROVISIONS, NINE (9) CITY OF MIAMI-OWNED VACANT PARCELS OF LAND, DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, TO HABITAT FOR HUMANITY OF GREATER MIAMI, INC. FOR THE DEVELOPMENT OF AFFORDABLE HOUSING OPPORTUNITIES FOR ELIGIBLE LOW AND MODERATE INCOME PERSONS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, FOR SAID PURPOSE. City of Miami Page 53 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 05-00280-resol ution. pdf 05-00280-exhibit. pdf 05-00280-summary form.pdf 05-00280-public notice.pdf Motion by Commissioner Allen, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Regalado and Allen Absent: 2 - Commissioner Winton and Sanchez R-05-0228 Vice Chairman Gonzalez: PH.9. Barbara Gomez -Rodriguez (Director, Community Development): PH.9, we are requesting approval to convey nine parcels of land City ofMiami owned vacant parcels of land to Habitat for Humanity for the development of affordable housing opportunity. Commissioner Allen: I move the item. Vice Chairman Gonzalez: OK. We -- Commissioner Regalado: Second. Vice Chairman Gonzalez: This is a public hearing. Anybody that wants to address the Commission? Seeing none, hearing -- yes, sir. Ringo Cayard: I have a different item. I don't know if it -- Commissioner Allen: This is PH.9. Mr. Cayard: -- has to be related or -- Commissioner Regalado: This is 9. Commissioner Allen: PH.9. Mr. Cayard: OK. Vice Chairman Gonzalez: This is PH.9. Mr. Cayard: So I'll come back. Commissioner Allen: Right. Vice Chairman Gonzalez: All right. Hearing -- seeing none, hearing none, the public hearing is closed. It goes back to the Commission. We have a motion. I believe Mr. -- Commissioner Allen. Commissioner Allen: Yeah, I moved the motion. I moved it. Vice Chairman Gonzalez: And we have a second. All in favor, say aye. The Commission (Collectively): Aye. Vice Chairman Gonzalez: Motion carries. City ofMiami Page 54 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 PH.10 05-00281 Department of Community Development PH.11 05-00282 Department of Community Development RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MICRO -BUSINESS USA, PURSUANT TO RESOLUTION NO. 04-0687, ADOPTED OCTOBER 14, 2004, TO PROVIDE ADMINISTRATIVE SERVICES FOR AN INDIVIDUAL DEVELOPMENT ACCOUNT PROGRAM IMPLEMENTED BY THE DEPARTMENT OF COMMUNITY DEVELOPMENT, FOR A TWO-YEAR PERIOD. 05-00281-resolution.pdf 05-00281-exhibitl . pdf 05-00281-exhibitlA. pdf 05-00281-summary form.pdf 05-00281-public notice.pdf 05-00281-pre resolution.pdf WITHDRAWN Barbara Gomez -Rodriguez (Director, Community Development): PH.10 is being withdrawn. Vice Chairman Gonzalez: PH.10 is being withdrawn. Let me see what's PH.10. OK. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF 29TH YEAR HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA") CLOSED OUT FUNDS IN THE TOTAL AMOUNT OF $599,048.43; ALLOCATING SAID FUNDS TO THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT 30TH YEAR LONG TERM RENTAL ASSISTANCE ("LTRA") PROGRAM, IN THE AMOUNT OF $549,048.43 AND TO SUNSHINE FOR ALL, INC., IN THE AMOUNT OF $50,000, TO PROVIDE NUTRITIONALLY HOT AND/OR FROZEN HOME DELIVERED MEALS TO HOMEBOUND PERSONS PARTICIPATING IN THE HOPWA LTRA PROGRAM; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SUNSHINE FOR ALL, INC., FOR SAID PURPOSE. 05-00282-resolution. pdf 05-00282-exhibit. pdf 05-00282-summary form.pdf 05-00282-ad. pdf 05-00282-agreement. pdf 05-00282-attachmentB. pdf 05-00282-attachmentC. pdf Motion by Commissioner Allen, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0229 Vice Chairman Gonzalez: PH.11. City of Miami Page 55 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Barbara Gomez -Rodriguez (Director, Community Development): PH.11, we are requesting approval. We're closing out the 29th Year contract for HOPWA, which is Housing Opportunities for People with AIDS (Acquired Immunodeficiency Syndrome), and transferring to our 30 Year for services. Vice Chairman Gonzalez: All right. We -- this -- Commissioner Allen: Move -- Vice Chairman Gonzalez: -- is a public hearing. Anybody that wants to address the Commission, please come forward. Commissioner Allen: Move -- Vice Chairman Gonzalez: Seeing none, hearing none, the public hearing is closed, comes back to the Commission. Commissioners. Commissioner Allen: I move the item. Vice Chairman Gonzalez: We have a motion. Is there a second? Commissioner Regalado: Second. Vice Chairman Gonzalez: And we have a second. All in favor, say "aye. " The Commission (Collectively): Aye. Vice Chairman Gonzalez: All opposed have the same right. Motion carries. PH.12 05-00283 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF CLOSED OUT Development COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $638,956.81, AND PROGRAM INCOME FUNDS, IN THE AMOUNT OF $1,122,689.19, FOR A TOTAL OF $1,761,646; ALLOCATING SAID FUNDS TO THE CITY OF MIAMI DEPARTMENT OF CAPITAL IMPROVEMENTS FOR THE ALLAPATTAH STREET IMPROVEMENT PROJECT. 05-00283-resolution.pdf 05-00283-exhibit. pdf 05-00283-summary form.pdf 05-00283-ad. pdf 05-00283-memo. pdf 05-00283-pre resolution.pdf Motion by Commissioner Allen, seconded by Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0230 Barbara Gomez -Rodriguez (Director, Community Development): PH.12. Vice Chairman Gonzalez: PH.12. City of Miami Page 56 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Ms. Gomez -Rodriguez: PH.12, we are closing out programs that have closeout or are not working to the speed that we need them to be, and we're transferring to City ofMiami Department of Capital Improvement Projects, for the Allapattah Street Improvement, for 1, 761, 646. Vice Chairman Gonzalez: All right. This is a public hearing. Anybody that wants to address the Commission on this item, please come forward Seeing none, hearing none, the public hearing is closed. Commissioners. Commissioner Allen: Just a quick question on this, PH.12. Barbara, what are the allocations, if you will? We're closing out funds -- Ms. Gomez -Rodriguez: If you go to the -- Commissioner Allen: Yeah. Ms. Gomez -Rodriguez: -- there's a whole sheet of paper. Commissioner Allen: The -- Ms. Gomez -Rodriguez: I'll read them for you. Vice Chairman Gonzalez: This is, I believe, 38th Street, 39th Street -- Commissioner Allen: Right. Vice Chairman Gonzalez: -- 37th Street. Commissioner Allen: OK. Vice Chairman Gonzalez: Even though it says Allapattah, it is -- Ms. Gomez -Rodriguez: Those were the one that we -- Vice Chairman Gonzalez: -- your district. Commissioner Allen: Right. That's right. Ms. Gomez -Rodriguez: -- agreed with you -- Commissioner Allen: Exactly. Ms. Gomez -Rodriguez: -- that as soon -- right. Commissioner Allen: Right, so that we know. Right. Ms. Gomez -Rodriguez: That was an agreement with you. Vice Chairman Gonzalez: That was the project that -- Commissioner Allen: Right. Vice Chairman Gonzalez: -- remember, was the funded ones -- Commissioner Allen: Right. City ofMiami Page 57 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Vice Chairman Gonzalez: -- because of the emergency of HUD (Department of Housing and Urban Development) and all that. Commissioner Allen: Right. Vice Chairman Gonzalez: It's being funded again. OK. Commissioner Allen: OK, so I move the item. Vice Chairman Gonzalez: OK. We have a motion. Do we have a second? Chairman Sanchez: Second. Vice Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye. The Commission (Collectively): Aye. Vice Chairman Gonzalez: Motion carries. PH.13 05-00299 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF 30TH YEAR Development PROGRAM INCOME FUNDS IN THE TOTAL AMOUNT OF $50,000; ALLOCATING SAID FUNDS TO ALLAPATTAH COMMUNITY ACTION, INC. FOR PUBLIC SERVICES ACTIVITIES/ELDERLY MEALS; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID AGENCY, FOR SAID PURPOSE. 05-00299-resolution.pdf 05-00299-exhibitl . pdf 05-00299-exhibit2. pdf 05-00299-exhibit2B. pdf 05-00299-exhibit2C. pdf 05-00299-summary form.pdf 05-00299-ad. pdf 05-00299-pre resolution.pdf 05-00299-pre resolution attachments.pdf 05-00299-agreement. pdf 05-00299-corporate resolution.pdf Motion by Chairman Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0231 Barbara Gomez -Rodriguez (Director, Community Development): PH (public hearing) -- Vice Chairman Gonzalez: PH.13. Ms. Gomez -Rodriguez: PH.13 is awardingAllapattah Community Action an amount of $50, 000 from our program income account. City of Miami Page 58 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Chairman Sanchez: So move. Commissioner Regalado: Second. Vice Chairman Gonzalez: OK, this is a public hearing. Anybody that wants to address the Commission on this item, please come forward Seeing none, hearing none, the public hearing is closed. We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez: Motion carries. PH.14 05-00300 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY Development DEVELOPMENT GRANT PROGRAM FUNDS, IN THE TOTAL AMOUNT OF $100,000, FROM JAMES E. SCOTT COMMUNITY CENTER ASSOCIATION, INC. ("JESCA") FOR PUBLIC FACILITIES AND IMPROVEMENT ACTIVITIES CATEGORY, TO JESCA FOR PUBLIC SERVICES CATEGORY TO ASSIST WITH PROVIDING MEALS FOR ELDERLY RESIDENTS; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, TO THE AGREEMENT WITH JESCA, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 05-00300-resol ution. pdf 05-00300-exhibitl . pdf 05-00300-exhibit2. pdf 05-00300-exhibit2B. pdf 05-00300-exhibit2C. pdf 05-00300-summary form. pdf 05-00300-ad. pdf 05-00300-agreement. pdf 05-00300-agreement resolution. pdf 05-00300-CD reso.pdf 05-00300-master reportl.pdf 05-00300-file summary. pdf 05-00300-text file reportl .pdf 05-00300-text file report2.pdf 05-00300-text file report3.pdf Motion by Commissioner Allen, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0232 Barbara Gomez -Rodriguez (Director, Community Development): PH.14, we are not awarding dollars. We're just correcting a resolution of January 13, 2005 that we awarded $100, 000 to JESCA (James E. Scott Community Association). That resolution stated that it was public facility and improvement and it should had said 'Public service." Vice Chairman Gonzalez: All right. This is a public hearing. Anybody that wants to address the Commission on this item, please come forward OK, seeing none, hearing none, the public City of Miami Page 59 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 hearing is closed. It comes back to the Commission, PH.14. Commissioner Allen: I move the item, Mr. Chairman. Vice Chairman Gonzalez: OK, we have a motion. Commissioner Regalado: Second. Vice Chairman Gonzalez: And we have a second. All in favor, say "aye. " The Commission (Collectively): Aye. Vice Chairman Gonzalez: Motion carries. PH.15 05-00301 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF 30TH YEAR Development PROGRAM INCOME FUNDS IN THE TOTAL AMOUNT OF $336,500; ALLOCATING SAID FUNDS TO ALLAPATTAH-WYNWOOD COMMUNITY AND DEVELOPMENT CENTER, INC., IN THE AMOUNT OF $300,000, FOR THE COMPLETION OF A CHILD CARE FACILITY, TO SOUTHWEST SOCIAL SERVICES PROGRAMS, INC., IN THE AMOUNT OF $30,000, FOR ADDITIONAL CONSTRUCTION COSTS NEEDED TO COMPLETE THE PARKING LOT LOCATED AT 25 TAMIAMI BOULEVARD, MIAMI, FLORIDA AND THE AMOUNT OF $6,500, TO CATHOLIC CHARITIES OF THE ARCHDIOCESE OF MIAMI, INC., FOR COSTS ASSOCIATED WITH THE CENTRO MATER CHILD CARE CENTER KITCHEN REPAIR; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENTS TO THE AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORMS, WITH SAID AGENCIES FOR SAID PURPOSES. 05-00301-resolution.pdf 05-00301-exhibitl . pdf 05-00301-exhibit2. pdf 05-00301-exhibit3. pdf 05-00301-exhibit3B. pdf 05-00301-exhibit4. pdf 05-00301-summary form.pdf 05-00301-background information. pdf 05-00301-ad. pdf 05-00301-agreement. pdf 05-00301-amendment1.pdf 05-00301-pre resolution.pdf 05-00301-special agreement.pdf 05-00301-amendment to MOU.pdf 05-00301-amendment2.pdf 05-00301-pre resolution2.pdf 05-00301-memo.pdf 05-00301-pre resolution.pdf 05-00301-special agreement2.pdf 05-00301-amendment3.pdf Motion by Commissioner Allen, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 60 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0233 Barbara Gomez -Rodriguez (Director, Community Development): PH.15 is allocating an additional $300, 000 to the Allapattah/Wynwood Community and Development Center, Inc.; $30, 000 to Southwest Social Services Program, and $6, 500 to Catholic Charities for Centro Mater Childcare. These were projects that were awarded dollars before. They need this money to complete the project, and it's coming out of the 30thYear program income. Vice Chairman Gonzalez: All right. This is a public hearing. Anybody that wants to address the Commission on this item, please come forward OK, seeing none, hearing none, the public hearing is closed. Commissioner Allen: I move the item -- Vice Chairman Gonzalez: Comes back to the Commission. Commissioner Allen: -- Mr. Chairman. Commissioner Regalado: Second. Vice Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez: Motion carries. PH.16 05-00307 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF CITY OF MIAMI Development DEPARTMENT OF COMMUNITY DEVELOPMENT 30TH YEAR LONG TERM RENTAL ASSISTANCE PROGRAM FUNDS, IN THE TOTAL AMOUNT NOT TO EXCEED $130,000; ALLOCATING SAID FUNDS TO MOVERS, INC. FOR THE REHABILITATION OF LIFEQUEST I AND II, LOCATED AT 1301 NORTHEAST 111 STREET, 11115 NORTHEAST 13 AVENUE, 1075 NORTHEAST 149 STREET, 1095-97 NORTHEAST 149 STREET AND 14950-52 NORTHEAST 11 AVENUE, MIAMI, FLORIDA, SUBJECT TO THE FOLLOWING PROVISIONS: (1) MOVERS, INC. WILL BE REIMBURSED FOR COSTS ALREADY INCURRED, IN AN AMOUNT NOT TO EXCEED $130,00, TOWARDS THE REHABILITATION OF LIFEQUEST I AND II AND (2) THE REMAINING BALANCE, IF ANY, OF COSTS NOT YET INCURRED, WILL BE PAID DIRECTLY TO THE VENDORS; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, WITH MOVERS INC., FOR SAID PURPOSE. 05-00307-resolution.pdf 05-00307-exhibit. pdf 05-00307-summary form.pdf 05-00307-public notice.pdf 05-00307-pre resolution.pdf 05-00307-text file report.pdf Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. City of Miami Page 61 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0238 Vice Chairman Gonzalez: PH.16. Barbara Gomez -Rodriguez (Director, Community Development): PH.16 is, number one, there was a resolution December 18, 2003, which allocated $100, 000 to MOVER (Minority Overcoming the Virus Through Education, Responsibility and Spirituality) for operation of maintenance of Life Quest and II, and $150, 000 for the construction and rehab of Life Quest facility. In July 8, 2004, we transferred the $100, 000 for rehab of Life Quest andll. In order to complete the project, we've been informed by MOVERS that they would need an additional $130,000 in order to complete the Life Quest I andll Vice Chairman Gonzalez: All right. This is a public hearing. Anybody that wants to address the Commission on this item, please come forward All right, seeing none, hearing none, the public hearing is closed. It comes back to the Commission. Commissioner Allen: Mr. Chairman, I'll move the item, with just a simple caveat, that I want to thank, personally, Barbara and the City Manager for resolving this issue, and so my personal thanks to both of you with respect to that. Commissioner Winton: Second the motion. Vice Chairman Gonzalez: OK, we have a motion -- Chairman Sanchez: Discussion. Vice Chairman Gonzalez: -- and we have a second. All in favor, say "aye. " Chairman Sanchez: Discussion, discussion. Vice Chairman Gonzalez: Discussion. Chairman Sanchez: Discussion on the item. Is there anyone here from the committee, the Oversight Committee? Ms. Gomez -Rodriguez: I don't see nobody neither from the agency or the committee. Chairman Sanchez: Well, you know, once again, it falls back on the fiduciary responsibility that we have, andl think that we need to put on the record that this is an agency that has had its troubles, its financial troubles, and as a matter of fact, I read the entire report and the audit itself is horrendous, andl have some concerns on it because, you know, from a policy perspective, I do not favor direct financial intervention in agencies that have misled public funds, andl just want to state that on the record. Now, I know that the County and itself -- andl have all the documents here -- put together a management oversight committee to try to establish some type of technical assistance and try to get this board back on track, andl know that the County itself has also allocated funds to it. However, I need to ask questions on this matter as to what has the Committee done? Do they have a corrective action plan in place to restore, not only the fiscal responsibility, but also the accountability in the agency? I mean, I would have been more comfortable having someone here to answer these tough questions because -- I mean, Madam Director, you, yourself need to put on the record the history of this organization, and then the financial situation they find themselves in. I mean, you have this item in front of us, and apparently, it comes in front of us for support, and apparently, it comes in front of us for support, so you need to put these things on the record. City of Miami Page 62 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Ms. Gomez -Rodriguez: MOVERS, Incorporated got audited in 2003 by the Department of Health and Human Services, Washington, and it is true; their audit of 2003 was extremely bad. We've been working with them for the last two years. We have not given them no funding because of the audit, and the audit does go into allegations of employees having loans for a substantial amount of money, overdraft fees of like $47, 000; disallow costs for entertainment of more than $30, 000; $2, 000 for, you know, souvenirs and alcohol and swimsuit, so yes, there is a lot of issues. Chairman Sanchez: What was that you said, swimsuits? Ms. Gomez -Rodriguez: Yeah, 2, 200 for buying alcohol, swimsuits and souvenir purchases; 29,952 disallowed costs that they couldn't support. There were loans between officers of the Board and employees that totaled 675,729 -- Commissioner Winton: 675,000? Ms. Gomez -Rodriguez: And 532, 442. Vice Chairman Gonzalez: What was that, loans? Ms. Gomez -Rodriguez: Loans from employees and others. They've been -- they have changed their board. There is a new board that -- Chairman Sanchez: Yeah, but Barbara, Barbara. Ms. Gomez -Rodriguez: -- the Commissioner -- Chairman Sanchez: Barbara -- Ms. Gomez -Rodriguez: -- Allen -- Chairman Sanchez: -- let me interrupt you for a minute. I understand that. I will feel very comfortable having someone here from the management committee that was put -- management oversight committee that was established to answer some of my questions, very simple questions when it comes to best business practice, when it comes to fiduciary responsibility because this is -- this could be a black eye to this Commission, I want to make it very clear. Now, if that Committee comes in front of me and says, "Look, we have done an audit. We have a plan of action to restore credibility, to restore accountability, and this is what we're doing to correct," or maybe they come forth and say, "Look, we're going to just go ahead and cut the belly cord from MOVERS and start our own organization," because listen, at the end of the day, the people that suffer are the ones that we're providing service to, when these organizations misuse and mismanage public funds, and it's always been a common practice of mine and a policy that I have -- Ms. Gomez -Rodriguez: Yep. Chairman Sanchez: -- that will not support any agency that has mismanaged funds, but I need to have from this Committee -- and they needed to be here today to explain what they've able to do so I could -- you know, maybe we could put conditions on that safeguard -- because, you know, I'm in favor of -- if the County gave them $300,000, I'm sure they'd put conditions; did they? Ms. Gomez -Rodriguez: We haven't seen the County contract. We definitely will put some conditions on this; that it's going to rehab the building that it used to be owned by the City, so what I would recommend, Chairman, is that we bring it back; you can table it, or have them City of Miami Page 63 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 come back at the next Commission meeting to address your issues. Commissioner Allen: Let me -- If I -- Commissioner Winton: Mr. Chairman. Commissioner Allen: Let me chime in, Mr. Chairman, quickly, ifI could. Vice Chairman Gonzalez: Commissioner Allen, I think -- Commissioner Allen: You were about to put on the record, if I'm not mistaken, a corrective action plan that was proffered to you by this organization, and ifI can also direct that question to one of my fellow Commissioners, Commissioner -- Mr. Chairman, did anyone from this organization meet with you to explain anything to you with respect to any corrective action plan or -- Chairman Sanchez: They met with my staff. Commissioner Allen: OK. Chairman Sanchez: Commissioner, and all due respect, I think you would agree with me on one issue: They should have been here today. Commissioner Allen: Oh, I agree, but I'm just wondering, did they make the efforts, because I've indicated to them -- Chairman Sanchez: Yes, sir, they did. Commissioner Allen: -- that they need to make an effort -- Chairman Sanchez: They met with my staff. Commissioner Allen: -- to explain everything to the Commissioners because they've been placed in a bad light, and there needs to be some effort. That's why I personally want to thank both you and Joe; you guys have made a gallant attempt to try to resolve this issue, notwithstanding the past, and as I said earlier, I'm mostly solution -oriented; I want to try to get beyond that, because I'm more concerned with the purpose in which they serve. That's where my concern lies, andl want to make sure corrective action plans are placed -- in place to that extent, so if you could, you were about to expound, if you will, about the corrective actions that they may have proffered now that -- going forth. Ms. Gomez -Rodriguez: Well, they haven't yet put corrective action. I did have an opportunity to talk to your staff and my recommendation was twofolded [sic]. One was that we make payments direct to the vendors that is fixing the building, number one, and number two, that they do send us something in writing that addresses all of the audit. This is not -- Commissioner Allen: Yeah. Ms. Gomez -Rodriguez: -- an audit that was done by the City ofMiami. This was an audit that was done by Health and Human Service of Washington. Commissioner Allen: Right. Ms. Gomez -Rodriguez: The County also did an audit -- City ofMiami Page 64 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Commissioner Allen: Right. Ms. Gomez -Rodriguez: -- to address all of those issues. Commissioner Allen: Right. Ms. Gomez -Rodriguez: We have talked to them, Commissioner, in reference to a new corporation, and -- Commissioner Allen: Right. Ms. Gomez -Rodriguez: -- Commissioner Allen has been part of it. Commissioner Allen: Right. Ms. Gomez -Rodriguez: We have talked to them about their financial. We still know that they are having financial issues addressing -- Commissioner Allen: I see. Ms. Gomez -Rodriguez: -- payroll. Commissioner Allen: Right. Ms. Gomez -Rodriguez: This money will not -- and we are not recommending any money for administration. We are recommending money to fix a building that used to be owned by the City ofMiami; it's located in Carol City, that we need to address. This is -- Commissioner Winton: Explain that to me. Commissioner Allen: HI -- Ms. Gomez -Rodriguez: Because HOPWA (Housing Opportunities for Persons Living with AIDS) is countywide, Commissioner Winton. Commissioner Allen: Right, it is. Commissioner Winton: Oh, OK. Commissioner Allen: All right. This is -- Ms. Gomez -Rodriguez: This is for people with AIDS (Acquired Immunodeficiency Syndrome). Commissioner Allen: -- countywide, right. Commissioner Winton: HOPWA, got it. Commissioner Allen: IfI may, Mr. Chairman, heeding your advice, let me make a suggestion. I was just informed that the individuals would be here in a matter of 15 minutes, andl think it's important, highly important, based on what you said, they needed to be here. Chairman Sanchez: Absolutely. Commissioner Allen: Because I assumed that this issue had been resolved because we had -- City ofMiami Page 65 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Vice Chairman Gonzalez: All right. Why don't we -- Commissioner Allen: Can we defer it for the moment? Vice Chairman Gonzalez: -- table this item then, until -- Commissioner Winton: After lunch. Vice Chairman Gonzalez: -- after lunch. The problem is, Commissioner Regalado, you wanted to address the item, right? And you have to leave. Commissioner Regalado: No. Mr. Chairman, I -- Commissioner Winton: Oh. Commissioner Regalado: -- had exactly the same concern. Commissioner Allen: Right. Commissioner Regalado: And, you know, it's not that we don't believe that this is a good program. It's not that they're, in good faith, are trying to correct all the issues. What the Chairman is saying is the right thing. You know, this -- the audit and the issues already went public, so we need -- Commissioner Allen: Right. Commissioner Regalado: -- for the public purpose, to have some of the agency spokesperson address some of the issues -- Ms. Gomez -Rodriguez: Good point. Commissioner Regalado: -- and put it in the record. Ms. Gomez -Rodriguez: Right. Commissioner Regalado: It's very simple -- Commissioner Allen: Right. I agree. Commissioner Regalado: -- because that is -- Commissioner Allen: I agree, I agree. Commissioner Regalado: -- what the public needs to know. Commissioner Allen: Right. Commissioner Regalado: That's all that there is to it. Ms. Gomez -Rodriguez: We agree. Vice Chairman Gonzalez: Commissioner Winton. Commissioner Allen: Right, andl will recommend -- I will also state that made it perfectly clear to them, they needed to be here, so ifI would suggest, we can postpone this item. I was City of Miami Page 66 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 advised that they're on their way. Ms. Gomez -Rodriguez: When we come back. Vice Chairman Gonzalez: All right. Meanwhile, let me allow Commissioner Winton -- Commissioner Winton: Well, I guess we have a logistical issue, too, because we have the translator here and the translator won't be here after lunch, so that's a logistical issue. Do they - - on the audit, I'm assuming that they also get a standard year-end audit, as well, other -- the audit that found all these deficiencies, you said was a HUD (Housing and Urban Development) audit? Ms. Gomez -Rodriguez: No, HUD -- Chairman Sanchez: No. Ms. Gomez -Rodriguez: -- doesn't have nothing to do. It was Health -- Chairman Sanchez: OIG (Office of Inspector General). Commissioner Winton: Doesn't have "anything" to do. Ms. Gomez -Rodriguez: Right. Commissioner Allen: Right. Ms. Gomez -Rodriguez: Sorry. It was HHS (Health and Human Services). Commissioner Allen: Right, and -- Ms. Gomez -Rodriguez: Health and Human. Commissioner Winton: But who did their financial audit? Ms. Gomez -Rodriguez: The last financial audit that was reviewed was December 31, 2003. Commissioner Winton: And did their auditor find these discrepancies? Ms. Gomez -Rodriguez: They had notified some of these discrepancies. Commissioner Winton: Well, have we reviewed the management letter in their audit, and when was their latest audit, and have they been able to cure the deficiencies from the management letter -- Chairman Sanchez: That's what they need to explain to us. Commissioner Winton: -- created in -- Ms. Gomez -Rodriguez: We have not gotten the -- Commissioner Allen: Right, exactly. Ms. Gomez -Rodriguez: We have not gotten. Commissioner Winton: We don't know? City of Miami Page 67 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Commissioner Regalado: That is why they need to -- Commissioner Allen: And I further encourage my Commission -- Chairman Sanchez: Defer the item. Commissioner Allen: -- once they arrive, to please question them -- Commissioner Winton: Got it. Commissioner Allen: -- question and (UNINTET,TIGIBT,F) -- Ms. Gomez -Rodriguez: Yeah. Commissioner Allen: -- and have -- Commissioner Winton: OK, I'm done -- Commissioner Allen: -- all your questions ready, right. Commissioner Winton: -- until they get here. Ms. Gomez -Rodriguez: Thank you. Vice Chairman Gonzalez: OK. I think we're going to have a problem. Commissioner Winton just pointed out something that he's a one hundred percent right. We're going to lose the translator, and -- Commissioner Winton: I think we ought to move this to the next meeting so we have the translator. Vice Chairman Gonzalez: I think that the best thing is to defer this for the next Commission meeting, on the 24th, and give the agency plenty of time to organize their presentation; have the translator here so everybody will be in the -- Commissioner Winton: Well, we can't take -- Vice Chairman Gonzalez: -- ballpark. Commissioner Winton: Can we take action without a translator? Ms. Gomez -Rodriguez: Not on -- Vice Chairman Gonzalez: Right. Ms. Gomez -Rodriguez: -- Housing Opportunities for People with AIDS, and this is a hundred percent -- Commissioner Allen: Is it possible then for us to -- we won't be able to have a translator at the afternoon session; is that the issue? Because, see, some of these items were set for a time certain andl think they were under the impression, since this -- Commissioner Winton: I think the Clerk -- City of Miami Page 68 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Commissioner Allen: -- was a PH (public hearing) item -- Commissioner Winton: -- can answer this question. Vice Chairman Gonzalez: Yes, Madam City Clerk. Commissioner Allen: Yes. Priscilla A. Thompson (City Clerk): Yes. I just got confirmation from our interpreter that she can come back to us this afternoon. Commissioner Allen: OK. Vice Chairman Gonzalez: OK. Let's then set it up for 3 o'clock -- Commissioner Allen: (UNINTET,T IGIBT ,F)) be here. Vice Chairman Gonzalez: -- this afternoon time certain. Commissioner Winton: Barbara. Ms. Gomez -Rodriguez: Yeah. Commissioner Allen: You're going to set it for time certain? Vice Chairman Gonzalez: Do you agree? Ms. Gomez -Rodriguez: Three o'clock. Vice Chairman Gonzalez: Does the Commission agree with that? Commissioner Winton: Yeah. Vice Chairman Gonzalez: Three o'clock time certain. All right -- Ms. Gomez -Rodriguez: Three o'clock. Vice Chairman Gonzalez: -- 3 o'clock then. Commissioner Allen: OK. Ms. Gomez -Rodriguez: OK. Thank you. Chairman Sanchez: All right. Vice Chairman Gonzalez: Thank you, ma'am. Chairman Sanchez: Back in order. We want to take this opportunity to welcome those of you that were not earlier here today at City Hall, welcome you to our historical City Hall. First item on the agenda this afternoon will be PH.16, which is the MOVERS (Minorities Overcoming the Virus through Education, Responsibility and Spirituality) item. Commissioner Allen: OK. Chairman Sanchez: Well, the item was discussed earlier today and basically, we deferred it to City of Miami Page 69 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 the afternoon to have representation here from the Management Oversight Committee. Is there any representation from the -- Commissioner Allen: Yeah. Chairman Sanchez: OK. Well, somebody needs to come up and -- Commissioner Allen: Right. If you will. Chairman Sanchez: Could you state your name and address for the record, sir? Bill Perry: My name is Bill Perry, address 340 Northeast 94th Street. Chairman Sanchez: All right. As the Chair, I would yield my right to anyone who wants to discuss the item. If not, I'm prepared to continue to ask a couple of questions or -- Commissioner Allen: Yeah, sure. Chairman Sanchez: -- concerns that have. Commissioner Allen: Yeah. As you said, Mr. Chairman, this was an issue that was deferred until this afternoon. Obviously, there were concerns on some of my fellows Commissioners' behalf with respect to any corrective action plans that were had, so perhaps, Mr. Chairman, I guess maybe we should start from the very beginning. I guess, Barbara, just give your quick report, and Bill, I guess some of my fellows Commissioners would like to ask a number of questions of you relative to the project. Mr. Perry: Sure. Ms. Gomez -Rodriguez: Barbara Rodriguez, Department of Community Development. I think that this morning the issue was more of the audit that took place, that ended 2003, and the Chairman, as well as other Commissioner wanted to hear from you what has taken place as reference as corrective action according to this audit. I did reference the City Commissioner that there was a new board in place; that the money that we are applying here today and we're requesting approval is basically for the rehabilitation of Life Quest and so maybe, Mr. Perry, you can comment on reference to corrective action according to the audit. Mr. Perry: OK. Thank you so much. Also, Mr. Chairman, members of the Commission, I'd like to apologize for not showing up this morning. We had some inadvertent information, to be here between 2:30 and 3. In addition to that, I would like to also introduce some of the new members of the MOVERS board that are here today, Ms. Elaine Black, Mr. Darryl Holsendolph, Mr. Dewey Knight, and others that will be coming also. Some of our staff members and our clients are here, as well. MOVERS, in -- the new board of directors that you see here today have been in a -- operating in an official capacity since August of 2004. This is an agency that has been in existence for 15 years, based in Liberty City, that was started out of the Mount Tabor Baptist Church. Our particular operation, as we operate now, with our clinic, administrative offices, and outreach programs that deal with the epidemic is totally separate from the church. In terms of corrective actions that have been taken, we have responded to that 2003 audit in detail. We have copies for you to deal with each and every item. One of the other things that we've done, we have reduced our administrative budget by nearly a million dollars. We've also -- Chairman Sanchez: How much? Mr. Perry: -- worked with Miami -Dade County -- City of Miami Page 70 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Chairman Sanchez: How much have you -- Mr. Perry: Nearly a million dollars. We have also worked in conjunction with Miami -Dade County, the Center for Disease Control, and the Health Department in maintaining our current funding levels there, despite being cut back in a significant capacity, so in terms of the things that we have done to address each one of those concerns brought up by the audit, we have addressed them. Chairman Sanchez: Commissioner Allen, any other questions? Commissioner Allen: I'm sorry. I don't have any other questions, but is -- my fellows Commissioners have any questions -- Chairman Sanchez: Well, I -- Commissioner Allen: --- at this point? Chairman Sanchez: -- the Chair speaks last, so I want to allow everyone the opportunity if anybody has questions. If not, I'll proceed with my questions, and first of all, let me just state, you inherited this, as I look back and I see that you put together a Management Oversight Committee, which was established, of course, to provide technical assistance and to gear this organization back on track. As you know, the audit clearly stated that it had a lot of problems in the past. I just want to make sure because once again, what -- what we focused on was that we do have a fiduciary responsibility and it -- always been one of -- from a policy perspective that we don't -- at least, I don't favor direct financial intervention in agencies that have, in one way or the other, mismanaged public funds. However, I do see that at least we are focusing on correcting the sins of the past, as we may say, and as I look here, I just want to make sure that we do have a couple of things on the record. One is, has your committee prepared a corrective action plan to restore fiscal stability and accountability in this agency? Mr. Perry: Yes, we have. Chairman Sanchez: OK. Mr. Perry: In addition to that, we also have an audit for your review. Chairman Sanchez: OK. Mr. Perry: The most previous audit and the management letter that we have, and we have our finance person that could speak to any specific item that you may have in that regard. Chairman Sanchez: Also, you just stated the next question was going to be, did you conduct an audit? Because as -- you know, I do work for a forensic accounting firm, an accounting firm, and I know that when these companies that fall into trouble and you put on an oversight or you bring someone in, whether it be a receiver's capacity, you know, I just want to make sure that I could base my argument supporting your cause -- Mr. Perry: Sure. Chairman Sanchez: -- that you have put on the record that you're doing the proper things to restore credibility in this one. Now, another questions that I do have is, do you believe that you made the progress towards resolving some of the audit deficiencies that were presented? Mr. Perry: Yes. City of Miami Page 71 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Chairman Sanchez: OK. Mr. Perry: Most of them, absolutely. Chairman Sanchez: Most of them. Mr. Perry: Um-hmm. Chairman Sanchez: Now, I look here andl see that the County has given you funds, so therefore, the County also believes that you have taken the necessary steps to restore. Mr. Perry: That is correct. Chairman Sanchez: Now, being in support and finding myself in this situation, I want to ask the director, Madam Director, are there any conditions that you may suggest to protect the City's interest and also support this organization to continue to provide that service? Because I'll tell you this much, it's -- at the end of the day, it's the people that receive these services. They're the ones that are being affected by these actions, but at least we're taking the necessary steps to correct those actions and bring stability, accountability and transparenc, and above all, respect back to an agency that has been there for 15 years providing for the most needy in our community, so Barbara, what do you suggest that some conditions you may put forth that just -- that we may want to hear them, we may want to support or not, but what do you recommend that Ms. Gomez -Rodriguez: As I said earlier this morning, I would definitely recommend -- we will be in a reimbursement process, which is basically what we do to all nonprofits, andl believe very strongly that we need to continue reimbursing dollars; that's number one, and number two, I would definitely recommend to be allowed to pay the vendors direct. That would be the two conditions that I would add to the resolution in order -- I have not seen the corrective action plan. I will work with them, see what the corrective action. I have not seen the audit. I'll be more than glad to sit with them and supply any information to all of you as to the outcome of that meeting, but those will be the two conditions that -- well, one is standard procedure. We do reimbursements, and that we do to all of our agencies, and number two, take it a step further, will be to pay direct vendors that are going to be doing the rehab of this building, and that will be my recommendation. Commissioner Allen: Right. Mr. -- Chairman Sanchez: Commissioner Allen and then Commissioner Winton. Commissioner Allen: Yeah. Mr. Chairman, of course -- Dewey, Elaine, Bill, and Darryl, as you very well know, we go back great many years. First of all, I want to thank you guys for being on board and turning this thing around because I'm terribly concerned with the services. Now, having said that, let me ask you Bill, are there any outstanding issues? The fact that you're here now with Barbara, is there any outstanding issue with respect to a contract? Because I don't want there to be any impediments as to your providing of the services going forth. Mr. Perry: Yeah. Let -- yes, sir. Thank you, Commissioner Allen. As it relates to this particular item that's on the agenda, the $130, 000 is money that we have already spent to rehabilitate -- Commissioner Allen: OK. Mr. Perry: -- Life Quest I, which is one of the properties. We have absolutely no problem in paying the vendors directly -- City of Miami Page 72 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Commissioner Allen: OK. Mr. Perry: -- but want you to understand that in order to bring those properties up to par, we need, I guess a posthaste, you know, facilitation of the -- we have submitted everything that we were required to submit and beyond, and you know, so I just want you to understand that this $130, 000 is monies that we have spent already, and you know, one of the reasons -- you know, in getting into it, we had to go -- our tenants were living virtually in squalor and we took the initiative to do that so that we wouldn't be turned out into street. Commissioner Allen: OK. Commissioner Winton: Then I would assume, if that's the case, then, in that particular instance, you would be the vendor and she would review to make sure that the expenditures are in fact -- Commissioner Allen: Right. Commissioner Winton: -- have occurred and are allowable -- Mr. Perry: That is correct. Commissioner Winton: -- and would -- Ms. Gomez -Rodriguez: That's correct, Commissioner. Commissioner Winton: -- pay directly to you on that piece of it. Mr. Perry: That is correct, and we have submitted all that documentation -- Commissioner Winton: OK. Mr. Perry: -- to date -- Commissioner Winton: Mr. Chairman. Mr. Perry: -- as it relates to that. Now, the other -- there's some other issues, but just to answer your question directly, that's it. Chairman Sanchez: All right. Commissioner Winton. Commissioner Winton: And my apologies. I know you wanted to speak last, but I was looking at their audit very quickly because I just got a copy of it andl wanted to look at the management letter, andl know a number of the people on this new board, andl have a great deal of respect for them -- Commissioner Allen: Right. Commissioner Winton: -- and so that helps me immensely. I would make a couple of recommendations to you all, though. Harvey Branker and Associates out of West Hollywood is your auditor. We used them within the CRA (Community Redevelopment Agency) to help staff clean up our books, once it was determined that the CRA was a total mess, and they did a really good job, and so we were very satisfied with the work that your auditor has done, butl was looking at the management letter andl don't think they're being aggressive enough, and for the board, you want your auditor to be as aggressive as he or she can be. You want an aggressive auditor, andl would encourage your board to make sure that they're being as aggressive as they can be in making sure that policies and procedures relative to finance are being followed very City of Miami Page 73 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 closely. That keeps you all from getting out of trouble -- keeps you all from getting into trouble in the future. I would also recommend -- I don't know if you have an audit committee of the board. Mr. Perry: Yes, we do. Commissioner Winton: You do -- you have an audit committee -- Mr. Perry: Yes. Commissioner Winton: -- formal audit committee? OK, good, so I think that if that audit committee works more closely with your auditor and presses them to be more aggressive -- because I didn't see -- in this management level -- letter, there was no reference to all the bad stuff and all the mess. I can't imagine, in this shorter period, you have it all cleared up, but it didn't say you did or didn't, and would want an auditor that's saying, "Look, here's where your problems were two years ago, three years ago, four years ago. You fixed all of these. There's only this few remaining, " and this didn't do that, so you guys need to -- Mr. Perry: We'll take that into consideration. Yes, sir. Chairman Sanchez: All right. Anything else on the item? We just want to make sure, on our behalf as well as yours, that it passes the Miami Herald's smell test, all right, so therefore, tomorrow, there'll be no negative news as to, you know, the organization in the past or what's going to happen in the future and above all, what we're trying to do is, our job is to help organizations like you -- Mr. Perry: Sure. Chairman Sanchez: -- and -- Commissioner Winton: Succeed. Chairman Sanchez: -- especially now, with the new membership that's coming in in the Management Oversight Committee, to come in and straighten the things because, man, I believe in giving people a second chance -- Mr. Perry: Yeah. Chairman Sanchez: -- and that's what it's all about. Mr. Perry: Thank you, Mr. Chairman. One other thing, we're trying to take a page out of the City of Miami's book, as far as, you know, revamping, restructuring, reorganizing -- Commissioner Allen: Good. Mr. Perry: -- and we appreciate the assistance and cooperation that we've gotten from you. Chairman Sanchez: All right. Ms. Gomez -Rodriguez: If we -- Chairman Sanchez: Madam Director. Ms. Gomez -Rodriguez: -- can amend the resolution to say that I will reimburse anything that they have incurred that is allowable, butl will do the rest of the funding direct to vendors. City of Miami Page 74 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Chairman Sanchez: I don't have a problem with that. As a matter of fact, is there a motion -- Commissioner Winton: So moved. Chairman Sanchez: -- as amended -- Commissioner Winton: As amended. Commissioner Allen: So moved. Chairman Sanchez: -- and stated the conditions that have been put on the floor. There is a motion by Commissioner Winton and a second -- Commissioner Allen: Second. Chairman Sanchez: -- by Commissioner Allen. Commissioner Allen: Second. Chairman Sanchez: I don't think we need any further discussion on this item. It's a resolution. All in favor, say "aye.' The Commission (Collectively): Aye. Chairman Sanchez: Anyone -- well, before I do that, it is a public hearing, correct? Ms. Gomez -Rodriguez: Right. Chairman Sanchez: Yes. I apologize. Is there anyone from the public that wishes to speak on this item? Thank you for saying no, so the public hearing is closed. Commissioner Allen: Closed. Chairman Sanchez: We come back to the Commission. Commissioner Winton: So the "ayes" still stand. Chairman Sanchez: Well -- so we can't do that either, but having said, there's a motion and a second. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone against, having the right to say "no. " Hearing none, it passes unanimously, as amended. Congratulations. Thank you. Mr. Perry: Thank you. Commissioner Allen: Congratulations. Mr. Perry: Thank you. City of Miami Page 75 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 EM.1 05-00284 Department of Capital Improvements Program ORDINANCE - EMERGENCY ORDINANCE Emergency Ordinance (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A CONTRIBUTION OF FUNDS FROM THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT ("SFWMD"), IN THE AMOUNT OF $750,000, FOR THE AVALON STORM SEWER PROJECT, PHASES I AND II, B-50685; AMENDING ORDINANCE NO. 12622, AS AMENDED, ADOPTED DECEMBER 9, 2004, TO APPROPRIATE SAID CONTRIBUTION OF FUNDS INTO CAPITAL IMPROVEMENT PROJECT ("CIP") NO. 352208, ENTITLED "AVALON STORM SEWERS PHASE I & II;" FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A LOCAL GOVERNMENTAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; REVISING CIP NOS. 322062, 325010, 331341, 331419, 341127 AND 352208 TO REPROGRAM EXISTING FUNDING AND APPROPRIATE NEW REVENUE SOURCES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 05-00284-o rd i n a n ce. pdf 05-00284-exhibit1. pdf 05-00284-exhibit2. pdf 05-00284-exhibit2A. pdf 05-00284-exhibit2B. pdf 05-00284-exhibit2C. pdf 05-00284-summary form.pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED as an emergency measure, waiving the requirement for two separate readings PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado 12674 Chairman Sanchez: All right. We go to -- Madam Clerk, where do we go now? Guide me here. We're moving too fast. Priscilla A. Thompson (City Clerk): You have an EM, Emergency Ordinance 1. Commissioner Allen: Um-hmm. Vice Chairman Gonzalez: What about EM.1? Chairman Sanchez: All right, let's go to EM.1. EM. ] is -- this is an emergency. South Florida Water Management District has a fast -approaching deadline. Mary Conway (Capital Improvements & Transportation): Mary Conway -- Chairman Sanchez: Could you state something on the record, Madam Director? Ms. Conway: -- CIP (Capital Improvement Program), Transportation. That's exactly correct, to meet South Florida Water Management District's timeline for the encumbrance of these funds on City of Miami Page 76 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 SR.1 05-00214 Planning & Zoning Department their part, we're bringing this forward as an emergency ordinance to not have to go through the first and second readings, and it's accepting and appropriating the funds, $750, 000, that will be used on the Avalon Storm Sewer Improvement project. Chairman Sanchez: All right. This is an ordinance, an emergency ordinance. Is there a motion? It requires a -- Commissioner Winton: So move. Chairman Sanchez: -- four fifth. Commissioner Winton: So move. Chairman Sanchez: We have four fifth. There's a motion by Commissioner Winton, second by Vice Chairman Gonzalez. At this time, before we get in a discussion, we'll open it up to the public. Is there anyone from the public wishing to address this item, please step forward and be recognized. Commissioner Winton: Where's Avalon? Chairman Sanchez: The public hearing is opened and closed. Huh? Sorry, Commissioner? Commissioner Winton: Where's Avalon? Chairman Sanchez: OK. Coming -- Ms. Conway: In the western part of the city. Chairman Sanchez: Coming back to the Commission, any further discussion on the item? If not, Mr. City Attorney, read the emergency ordinance for the record, and then Madam Clerk will do a roll call. The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: Madam Clerk. Ms. Thompson: First roll call. Second roll call. The ordinance has been adopted an as emergency measure, 4/0. Chairman Sanchez: Thank you, Mary. Once again, our condolences to you and your family. You know that you're a part -- you are a part of our family and know that your mom has passed away recently, and you know that you're in our hearts and in our prayers. We love you. Commissioner Allen: Yes. ORDINANCE - SECOND READING ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE VI/SECTION 62-156 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING/ZONING AND PLANNING FEES," TO ESTABLISH AN EXPEDITED PLANS REVIEW SERVICE AND A CORRESPONDING FEE TO COVER THE COSTS OF PERFORMING SAID REVIEW; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR City of Miami Page 77 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 AN EFFECTIVE DATE. 05-00214-ordinance(FR-SR). pdf 05-00214-cover memo(FR-SR).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, Sanchez and Allen Absent: 1 - Commissioner Regalado 12675 Chairman Sanchez: All right. SR.1 is an ordinance on second reading. Commissioner Winton: So moved. Chairman Sanchez: Well -- Vice Chairman Gonzalez: Second. Chairman Sanchez: No, no, no, no, no, no. We need to have -- Commissioner Allen: Yeah, we need -- Chairman Sanchez: -- somebody -- Commissioner Allen: Right. Chairman Sanchez: --from the administration -- Commissioner Allen: Right. Chairman Sanchez: -- put something on the record, so you know, there is transparency and accountability and good fiscal government, et cetera, et cetera, et cetera. Orlando Toledo: Orlando Toledo, Zoning Administrator, office of Zoning. This is for the overnight review, similar to what Building, Fire and Public Works has done. Chairman Sanchez: It is in front of us on second reading. It is a great ordinance. Is there a motion? Commissioner Winton: So moved. Commissioner Allen: So moved. Chairman Sanchez: There's a motion by Commissioner Winton. Is there a second? Second by Commissioner -- Commissioner Allen: Second. Chairman Sanchez: -- Allen. Commissioner Allen: I just want to point out, Mr. Chairman, you're -- Chairman Sanchez: Wait. Before we open it -- Commissioner Allen: Go ahead. No. City of Miami Page 78 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Chairman Sanchez: -- for discussion, it requires 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 Commissioner Allen, you're recognized. Commissioner Allen: Oh, know, just withdraw that. I was just going to make a personal comment that admire your transparency and your code of ethics in making sure that we always put something on the record, so -- Chairman Sanchez: And when we vote on this, I'll tell you why I'm doing it. Commissioner Allen: Yeah. Chairman Sanchez: OK. It's an ordinance. Mr. City Attorney, read the ordinance into the record. Madam Clerk, then we'll follow with a roll call. The Ordinance was read by title into the public record by the City Attorney. Commissioner Allen: Oh, you know, I just have a question. It's somewhat -- ifI may, Mr. Chairman, it's somewhat tangential to this issue, and guess both the City Attorney could weigh in on this. Since this deals with zoning and we're creating an expedited process to review permits and the like, will it -- will there be, if you will, a collaborative effort, in some cases -- I'd rather in some cases -- whereby the Zoning Department, you will issue a permit, but however, it might be in consultation with the City Attorney's office because previously, before you were appointed, it was -- things were just done haphazardly; the right hand didn't know what the left hand were doing, and things -- permits were issued when they should not have been issued. There should have been a legal opinion on that, and I'm suffering the result of that in my district, in District 5, as you very well know, so if there's any -- is there some sort of collaboration at all times, Mr. City Attorney, with respect to any issues of permits or -- Jorge L. Fernandez (City Attorney): We -- my office does not get involved -- Commissioner Allen: Right. Mr. Fernandez: -- in the administration or in the issuance of permits. We are, of course, always available to consult or to answer any questions that anyone in the administration may have with regard to the proper discharge of their duties as to any process or interpretation of any ordinance or anything like that, but as a matter of course, we do not become involved at all in any of those processes. Commissioner Allen: Right. All right, so you feel pretty comfortable, understanding all of 11000, with respect to nonconforming use the whole nine yards. Mr. Toledo: Absolutely. Commissioner Allen: OK. I'm just curious about that, because as I said, a lot of things have happened in my district; permits should not have been issued prior to your arrival, and then it becomes a moot issue, and you know, equitable estoppel is inserted at that point. Mr. Toledo: Right. Commissioner Allen: But we still have some other issue we'll discuss later. Commissioner Winton: Who? City of Miami Page 79 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Commissioner Allen: Thanks. Chairman Sanchez: All right. Madam Clerk. Priscilla A. Thompson (City Clerk): Roll call. The ordinance has been adopted on second reading, 4/0. Chairman Sanchez: All right. Commissioner Allen, the reason why we're doing that in having the administration always come up and present whatever their legislation may be, whether it's an ordinance, a resolution, is because at times, there are a lot of people that really watch Net-9 and they want to be informed, and as you know, as Commission meetings are repeated throughout the day, people want to get informed in their local government -- Commissioner Allen: Correct. Chairman Sanchez: -- andl have been approached by certain individuals that have taught -- that have brought up the situation where no one shows up and explains everything and we vote and they go, what did you just vote on -- Commissioner Allen: Right. Chairman Sanchez: -- you know, andl think it's important that people are well informed of what the City is doing, and all the things that we're moving forward, so -- Commissioner Allen: Right. Chairman Sanchez: And after -- and believe it or not, after that discussion is made, the administration must be always prepared to present their resolutions because they're the ones that provide all the back-up materials -- Commissioner Allen: Correct. Chairman Sanchez: -- the proper legislation that's in front of us, so if we have any questions, they need to be there to answer our questions and above all, to support the legislative body of this government. Commissioner Allen: Thank you. ORDINANCE - FIRST READING 10:00 A.M. FR.1 05-00095 ORDINANCE First Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Attorney 8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "BICYCLES" TO PROVIDE DEFINITIONS AND REGULATIONS FOR THE PROHIBITION OF THE OPERATION OF BICYCLES, MOPEDS, MOTORIZED SCOOTERS, SCOOTERS AND OTHER SIMILAR DEVICES ON THE SIDEWALKS OF THE EASTERN SIDE OF BRICKELL AVENUE BETWEEN SOUTHEAST 4TH STREET AND SOUTHEAST 26TH ROAD, MIAMI, FLORIDA; MORE PARTICULARLY BY AMENDING SECTION 8-6; DIRECTING THE CITY MANAGER TO INITIATE A PUBLIC EDUCATION AND INFORMATION PROGRAM REGARDING THE APPLICABILITY OF SAID ORDINANCE; CONTAINING A REPEALER City of Miami Page 80 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. 05-00095-o rd i n a n ce. pdf 05-00095-cover memo.pdf DEFERRED Chairman Sanchez: OK. Madam Clerk, where else -- what else could we move on, so we're moving so fast today. Priscilla A. Thompson (City Clerk): FR.1. Chairman Sanchez: FR.1. All right, FR.1. Commissioner Allen: I was advised -- has that been deferred or is it before us? Chairman Sanchez: I believe FR.1 -- yeah, it's under my advisement that FR.1 has been deferred. Commissioner Allen: So that's not before us, isn't that correct? Commissioner Winton: Oh, it is? It's been deferred? Chairman Sanchez: Is it deferred? Commissioner Allen: Yes. Chairman Sanchez: All right. F -- Commissioner Winton: When did we defer it? Ms. Thompson: Thank you. Mary Conway: Mary Conway, CIP (Capital Improvement Program), Transportation. It's being deferred. We met jointly with the Brickell Homeowners' Association, as well as with the Department of Transportation. Out of that meeting, the City agreed to do a quick 10-day turnaround study -- Commissioner Winton: Got it. Ms. Conway: -- regarding the compatibility, so we'll be bringing the item back as soon as -- Commissioner Winton: Got it. Ms. Conway: -- that's completed. Commissioner Winton: OK. Commissioner Allen: Right. City of Miami Page 81 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 BOARDS AND COMMITTEES BC.1 05-00168 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Grace Solares Chairman Joe Sanchez Josefina Sanchez Pando Commissioner Tomas Regalado 05-00168 memo 1.doc 05-00168 MEMBERS 2.doc Motion by Commissioner Winton, 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-05-0245 A motion was made by Commissioner Regalado, seconded by Commissioner Allen, and was passed unanimously, to appoint Josefina Sanchez-Pando as a member of the Commission on the Status of Women with a waiver of the term limitation set in City Code. A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and was passed unanimously, to appoint Grace Solares as a member of the Commission on the Status of Women. Chairman Sanchez: We go now to board appointments. Let's get rid of some of the board appointments. Commissioner Allen: Yes. Commissioner Winton: Do I have any? Commissioner Allen: Mr. -- Chairman Sanchez: OK. We'll go with BC.1, which is the Status of Women, for term as designated herein. I believe that Commissioner Regalado and myself have appointments. Commissioner Regalado, do you have an appointment? Commissioner Regalado: Yes, I do, Mr. Chairman. Chairman Sanchez: OK, state -- could you proffer the name? Commissioner Regalado: Sure, absolutely. Josefina Sanchez-Pando, although she needs a waiver of terms. City of Miami Page 82 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Chairman Sanchez: All right. Is there a motion? Commissioner Regalado: I make -- Commissioner Allen: Wait. I'm -- Commissioner Regalado: -- a motion. Chairman Sanchez: Huh? Vice Chairman Gonzalez: He made the motion. Commissioner Allen: Yeah, he made it. Chairman Sanchez: All right. Is there a second? Vice Chairman Gonzalez: Second. Commissioner Allen: I second. Chairman Sanchez: OK, there's a motion and a second, as -- Commissioner Winton: What board is this? Commissioner Regalado: Status of Women. Chairman Sanchez: Status of Women, with amend -- with the amendment -- I'm sorry, with a waiver. Priscilla A. Thompson (City Clerk): Waiver. Chairman Sanchez: With a waiver. OK, there's a motion and a second with a waiver. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. We -- I'm going to defer mine. Commissioner Winton: Boy, that was hard to do. Chairman Sanchez: Ma'am, can we go back to the Commission of Status of Women that I deferred? I would like to appoint Grace Solares. Is there a motion? Commissioner Winton: So moved. Commissioner Regalado: Second. Chairman Sanchez: There's a motion by Commissioner Winton -- Commissioner Regalado: Second. Chairman Sanchez: -- second by Commissioner Regalado. It is open for discussion. Hearing none -- she doesn't need any waivers. She lives in the City. City of Miami Page 83 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Ms. Thompson: I wouldn't know until get all the information on her. Chairman Sanchez: OK, I apologize. All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. She's been appointed to the Commission of Status of Women. BC.2 05-00169 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE PARKS ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Milagros Loyal Vice Chairman Angel Gonzalez Victor Seijas, Jr. Vice Chairman Angel Gonzalez Robert Flanders Commissioner Johnny Winton Rick Walsh Commissioner Johnny Winton Sallye Jude Chairman Joe Sanchez Carlos Arboleya, Sr. Commissioner Tomas Regalado Placido Debesa Commissioner Tomas Regalado Thomas S. "Sonny" Armbrister Commissioner Jeffery Allen Albena Sumner Commissioner Jeffery Allen 05-00169-memo-1.doc 05-00169 members 2.doc 05-00169-resignation-3.txt 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-05-0243 Chairman Sanchez: Then we go to the Parks Advisory Board. I believe everyone has an appointee -- appointment. Commissioner Allen: Mr. Chairman, we're now on the Audit Advisory Committee, is that what you just -- Chairman Sanchez: Yes, sir, Parks Advisory Board. Commissioner Allen: Oh, Parks Advisory Board. I'm sorry. City of Miami Page 84 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Chairman Sanchez: BC.2. Commissioner Allen: Yes. Commissioner Winton: I have two. Commissioner Allen: Yeah. Chairman Sanchez: All right. Commissioner Allen, who are -- what -- proffer your names. Commissioner Allen: I'm reappointing Thomas Sonny Armbrister and Albena Sumner, reappointment, please. Chairman Sanchez: You have three appointments? Commissioner Allen: I'm sorry. I'm reappointing the two -- Chairman Sanchez: Oh. Commissioner Allen: -- individuals. I'm sorry. I misspoke. Chairman Sanchez: OK. Commissioner Allen: Yes. Chairman Sanchez: All right. Commissioner -- Vice Chairman Gonzalez. Vice Chairman Gonzalez: I will reappointMilagros Loyal and Victor Seijas, Jr. Chairman Sanchez: I would be last. Commissioner Regalado. Commissioner Regalado: Carlos Arboleya, Sr. and Placido Debesa. Chairman Sanchez: Commissioner Winton. Commissioner Winton: Reappoint Robert Flanders and Rick Walsh. Chairman Sanchez: Madam Clerk, my two appointments. Priscilla A. Thompson (City Clerk): Sallye Jude and Elena Cabenas resigned, so you do need to fill both of those. Chairman Sanchez: OK. I will -- I would reappoint Sallye andl would defer my other appointment. Do any of the names proffered require a waiver? Ms. Thompson: No, they do not. Chairman Sanchez: No, OK. All the names have been proffered for the record. Is there a motion? Vice Chairman Gonzalez: Move it. Commissioner Winton: So moved. City of Miami Page 85 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Chairman Sanchez: Is there a second? Commissioner Regalado: Second. Commissioner Allen: Second. Chairman Sanchez: Motion by Commissioner Winton for the record, second by Vice Chairman Gonzalez. It was opened for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. Those individuals have been appointed to the Parks Advisory Board. BC.3 05-00185 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Albena Sumner Vice Chairman Angel Gonzalez Miriam Urra Vice Chairman Angel Gonzalez Sam Mason Chairman Joe Sanchez 05-00185 memo 1 .doc 05-00185-members-2. d oc 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-05-0244 Chairman Sanchez: We move on to Equal Opportunity Advisory Board, and Vice Chairman Gonzalez, I believe you have two appointments. Vice Chairman Gonzalez: Yeah. I will reappoint Albena Sumner and Miriam Urra. Commissioner Allen: Wow. Chairman Sanchez: OK. Commissioner Allen: I'll move that -- Chairman Sanchez: Andl have one and mine is Sam, correct? Priscilla A. Thompson (City Clerk): You have Raul Dominguez and Sam Mason. Chairman Sanchez: I would like to reappoint Sam Mason. City of Miami Page 86 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Ms. Thompson: And the other? Chairman Sanchez: I only have -- you're right, I have two. OK. I got my sheet here. Yes, I would like to reappoint both. No, as a matter -- correction. I would like to defer Raul Dominguez and I would like to reappoint Sam Mason. Ms. Thompson: So -- just to let you know, so far, those individuals who have been nominated will all require waivers for absences thus far. Chairman Sanchez: All right, as amended, with the -- Commissioner Winton: With absences. Chairman Sanchez: -- with the absences, and that's a problem we have with the boards. I mean Commissioner Winton: Yeah, this board -- Chairman Sanchez: These are -- Commissioner Winton: They don't come. Chairman Sanchez: -- some of the boards that we have to look at. Mr. City Manager, Mr. City Manager -- Commissioner Regalado: Me, I'm deferring mine. Commissioner Winton: You are. You're deferring? Chairman Sanchez: -- in the entire process that we're trying to streamline the agenda and be more efficient, I believe this is one of the boards that we may have to look at, if we can't have people who are willing to participate in the board and we continue to have these excessive absences. This may be a board that we may have to look at and refine or maybe just do away with, altogether. Commissioner Allen: The Equal Opportunity Board. Joe Arriola (City Manager): Well, as you know, I'm going to bring something forward, which I discussed with you, that -- and obviously, it's for your approval -- "X" amount of absentees, automatically they'll come off the boards, and think we're going to bring that resolution up -- Chairman Sanchez: All right, and -- Mr. Arriola: That's what we're going to prepare because we -- you're right. I mean, a lot of people just don't show up. You put them on the board and you guys never hear about it, so -- Chairman Sanchez: No. It takes a lot of our time, it takes a -- Mr. Arriola: I know that. Chairman Sanchez: -- of City staffs time to prepare everything, so I mean, it's -- Commissioner Allen: Right. City of Miami Page 87 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Mr. Arriola: A lot of these boards is that we -- the dates that we set, people just don't show up. Commissioner Allen: So, in other words, that will be a hard and fast rule, with no waivers. Mr. Arriola: Yes, that what we're -- Commissioner Allen: OK. Mr. Arriola: -- going to try to do. Chairman Sanchez: Right. Mr. Arriola: I mean -- Chairman Sanchez: All right. Commissioner Regalado defers his appointment. Commissioner Winton, you don't have any appointments on this, do you? All right. All the names that have been proffered, with waivers, is there a motion? Commissioner Allen: I make a motion to accept the appointments, pursuant to the waiver for excessive absences. Does that satisfy the amendment -- Ms. Thompson: Yes. Commissioner Allen: -- the motion? Chairman Sanchez: Well, just for point of clarification, that would be added to the motion, if you want to add it. I'm perfectly fine with it. If you don't show up, you're gone. Commissioner Allen: Oh, what you're saying is adopting -- no. City Manager -- Chairman Sanchez: No, I'm not adopting anything. That's something -- Commissioner Allen: He's going to come forth later. Chairman Sanchez: -- that we can discuss. Commissioner Allen: He's going to come forth. Chairman Sanchez: This is just the appointment. Commissioner Winton: No. He was saying -- Commissioner Allen: He's going to bring it later, but for the purpose of the -- Commissioner Winton: Commissioner Allen was saying that he's moving to -- Commissioner Allen: These items. Commissioner Winton: -- accept all of these -- Chairman Sanchez: Oh. Commissioner Winton: -- including -- Commissioner Allen: Yeah, these items. City of Miami Page 88 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Commissioner Winton: -- the waiver for absences. Chairman Sanchez: My apologies, Commissioner. Commissioner Allen: Right. Chairman Sanchez: Misunderstood you. OK. There's a motion by Commissioner Allen. Vice Chairman Gonzalez: Second. Chairman Sanchez: Second by Vice Chairman Gonzalez. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BC.4 05-00187 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Alfredo Richard Commissioner Johnny Winton Luis Palomo Chairman Joe Sanchez Lee Cohen Commissioner Tomas Regalado 05-00187-memo-1.doc 05-00187-members-2. d oc Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0246 Chairman Sanchez: And we go to the Civilian Investigative Panel. Commissioner Winton: How about Arts and Entertainment? Commissioner Regalado: Arts and Entertainment. Chairman Sanchez: I apologize. I skipped BC.4, and that is the Arts and Entertainment Council. Mr. Vice Chairman Gonzalez, I believe you have an appointment. Vice Chairman Gonzalez: I'm going to defer. Chairman Sanchez: Vice Chairman Gonzalez defers his appointment. Commissioner Winton. Commissioner Winton: I would like to reappoint Alfredo Richard. City of Miami Page 89 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Chairman Sanchez: All right. I would like to reappoint both of my appointments, Madam Clerk. Priscilla A. Thompson (City Clerk): Actually, you have Luis Palomo, and then because you're now the chairperson, you get two appointments, so you have one plus another one, so I need another name from you. Chairman Sanchez: Well, I'm going to defer those two at this time. Ms. Thompson: Both or one? Chairman Sanchez: I'm going to appoint Luis Palomo. Ms. Thompson: And then you'll defer one? Chairman Sanchez: Andl defer one. Ms. Thompson: Thank you. Chairman Sanchez: OK. Commissioner Regalado. Commissioner Regalado: Lee Cohen. Commissioner Winton: Who? Commissioner Regalado: Lee Cohen. Commissioner Winton: OK. Chairman Sanchez: All right. Commissioner Regalado: And the other -- Priscilla, the other appointment -- Commissioner Winton: Well -- Commissioner Regalado: Says two. I'm reappointing Lee Cohen. Ms. Thompson: Right. You have one. You only have one. Commissioner Regalado: OK. Ms. Thompson: Right. Commissioner Regalado: That's why it's a mistake here. Oh, no. OK, I'm fine. My mistake. One. Chairman Sanchez: All right. Ms. Thompson: And Commissioner Allen. Chairman Sanchez: Commissioner Allen, you have an appointment, sir. Commissioner Allen: Yes. Mr. Chairman, in fact, I was just conferring with staff. Let me defer this particular appointment, ifI could, please. City of Miami Page 90 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Chairman Sanchez: And Madam Clerk, the Mayor will proffer to you the names of his appointment -- Ms. Thompson: That's correct. Chairman Sanchez: -- to this board. Commissioner Winton: Move the slate. Chairman Sanchez: All right. There is a motion -- Commissioner Allen: Second. Chairman Sanchez: -- to move the slate. There's a second. Motion is made by Commissioner Winton, second by Commissioner Allen. It is open for discussion. Vice Chairman Gonzalez: What are we doing? Commissioner Allen: Arts and Entertainment. Vice Chairman Gonzalez: Civilian Investigative Panel? Commissioner Allen: Arts and Entertainment. Commissioner Winton: No, no, Arts and Entertainment. Chairman Sanchez: No, no, Arts and Entertainment. Vice Chairman Gonzalez: Oh, OK. Chairman Sanchez: The Arts and Entertainment Council. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BC.5 05-00223 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS A MEMBERS OF THE CIVILIAN INVESTIGATIVE PANEL FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Donald Bierman Civilian Investigative Panel Tangier Scott Civilian Investigative Panel Janet McAliley Civilian Investigative Panel 05-00223 memo 1.doc 05-00223 members 2.doc 05-00223-Nominations 3.pdf City of Miami Page 91 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 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-05-0247 Chairman Sanchez: Now we go to BC.5, which is the Civilian Investigative Panel. Vice Chairman Gonzalez: I'll move the reappointment of the three -- Commissioner Allen: At large. Vice Chairman Gonzalez: (UNINTELLIGIBLE) board -- Chairman Sanchez: Madam Clerk. Vice Chairman Gonzalez: -- as requested by the -- Commissioner Winton: Are we not -- we're not appointing, are we? Aren't we confirming? Commissioner Regalado: Confirming. Vice Chairman Gonzalez: Confirming. Priscilla A. Thompson (City Clerk): That's correct, you're confirming those names -- Commissioner Winton: OK, good. Ms. Thompson: -- that they've proffered. Chairman Sanchez: All right. There's a motion by Vice Chairman Gonzalez to confirm the appointee -- the three appointees to the Civilian Investigative Panel. Is there a second? Commissioner Regalado: Second. Chairman Sanchez: Second by Commissioner Regalado. It's open for discussion. Commissioner Winton: One quick -- just a clarification because I think it's important. Who drafts this? Ms. Thompson: We do. Commissioner Winton: You do? So at least on this committee, it ought to say "confirm" as opposed to "appoint" because it says appointing. Ms. Thompson: It's on the -- if you look at your backup documentation, it explains -- Commissioner Winton: Yeah, but I don't see the same -- Ms. Thompson: -- to you -- Commissioner Winton: -- thing here. Ms. Thompson: But you have the final authority to accept the names that are proffered to you. City of Miami Page 92 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Commissioner Winton: But it's still confirming. Ms. Thompson: OK. Commissioner Winton: We have the right to confirm or deny, but we don't have the right to appoint -- Ms. Thompson: OK. Commissioner Winton: -- right? Ms. Thompson: We'll make that change. Commissioner Winton: Am I correct? Huh? Ms. Thompson: We'll make the change. Commissioner Winton: OK, thanks. Chairman Sanchez: All right. Have we cleared that up? Commissioner Winton: Yes, sir. Chairman Sanchez: OK. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." BC.6 05-00184 DISCUSSION ITEM Office of the City APPOINTMENTS TO BE MADE BY COMMISSIONER ALLEN TO VARIOUS Clerk BOARDS. 05-00184 memo .doc Chairman Sanchez: Where does that leave us, Commissioner Allen appointment to various boards? Priscilla A. Thompson (City Clerk): That's -- Commissioner Allen: That's correct, Mr. Chairman. Chairman Sanchez: We're going to give you the opportunity to catch up. Commissioner Allen: OK, certainly, and quickly, I will point out that the Audit Advisory Committee, I'm going to defer that. We'll move now to the Bayfront Park Management Trust. I'm going to appoint John Harris. We now move to the Community Technology Advisory Board. I will appoint April Young. We now move to the Mayor's International Council. I will reappoint, for a one -month term, Najib Tayara -- Tayara, I'm sorry, and with respect to the Miami Street Codesignation Review Committee, I will appoint Constance Gilbert, and for the oversight committee for the Southeast Overtown/Park West and Omni Redevelopment District Community Redevelopment Agencies, I appoint Anthony Rolle. For the Urban Development Review Board, I would like to, in effect, reappoint Marina Khoury. However, I would have -- I would like to request a waiver for excessive absences, Madam Clerk. Ms. Thompson: Yes. Thank you. City of Miami Page 93 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Commissioner Allen: And then lastly -- no, that's it. That's it. Ms. Thompson: That's it. Commissioner Winton: Second the motion. Chairman Sanchez: All right. Does he need any waivers, Madam Clerk? Commissioner Winton: Yes, he needed one, he said. Ms. Thompson: He included it already. Vice Chairman Gonzalez: You have two appointments. Chairman Sanchez: All right. The motion includes the waivers. There's a motion by Commissioner Allen, second by Commissioner Winton. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Commissioner Allen made the following six appointments: (BC.6) 05-00184a RESOLUTION Districts A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: John Harris Commissioner Jeffery Allen 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-05-0248 (BC.6) 05-00184b RESOLUTION Districts A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: April Young Commissioner Jeffery Allen City of Miami Page 94 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Motion by Commissioner Allen, seconded by Commissioner Winton, that this matter be ADOPTED PASSED unanimously. R-05-0249 (BC.6) 05-00184c RESOLUTION Districts A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE MAYOR'S INTERNATIONAL COUNCIL FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Najib Tayara Commissioner Jeffery Allen Motion by Commissioner Allen, seconded by Commissioner Winton, that this matter be ADOPTED PASSED unanimously. R-05-0250 (BC.6) 05-00184d RESOLUTION Districts A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Constance Gilbert Commissioner Jeffery Allen Motion by Commissioner Allen, seconded by Commissioner Winton, that this matter be ADOPTED PASSED unanimously. R-05-0251 (BC.6) 05-00184e RESOLUTION Districts A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE OVERSIGHT COMMITTEE FOR THE SOUTHEAST OVERTOWN/PARK WEST AND OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCIES. APPOINTEE: NOMINATED BY: Anthony Rolle Commissioner Jeffery Allen City of Miami Page 95 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Motion by Commissioner Allen, seconded by Commissioner Winton, that this matter be ADOPTED PASSED unanimously. R-05-0252 (BC.6) 05-00184f RESOLUTION Districts A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE URBAN DEVELOPMENT REVIEW BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Marina Khoury Commissioner Jeffery Allen Motion by Commissioner Allen, seconded by Commissioner Winton, that this matter be ADOPTED PASSED unanimously. R-05-0253 City of Miami Page 96 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 DI.1 05-00161 Civilian Investigative Panel DISCUSSION ITEMS DISCUSSION ITEM DISCUSSION CONCERNING CIVILIAN INVESTIGATIVE PANEL (CIP) MONTHLY STATUS REPORT. 05-00161-cover memo.pdf 05-00161-memo.pdf DISCUSSED Chairman Sanchez: We have a time certain item. We have the CIP (Civilian Investigative Panel) report. Mr. Handfield, you're recognized. Larry Handfield: Good morning, Mr. Chair, Commissioners. Thank you so much. My name is Larry Handfield Address is 4770 Biscayne Boulevard, Suite 1200, Miami, Florida, Chairman of the Civilian Investigatory Panel. Also present with me this morning is the panel members, our executive director, as well as our independent counsel, Charles Mays. I'm happy to report this morning several things. One is that we do have a complete staff on board now, consisting of the chief investigator, independent counsel, as well as four investigators. I presented to you -- to your office -- hopefully, you've had an opportunity to receive it -- and that is our -- the interim report as it relates to the FTA [sic] investigation, as well as a summary, a snapshot of what we have accomplished and been doing thus far. What it is not intended to be is a final report, which we hope to have completed before the end of the year, which we'll then address fact finding issues, recommendations, a total review of alleged constitutional violations that may or may not have occurred, suggestions as relates to policies that were implemented and possibly how things can be better prepared in the future, so with this interim report, that we presented to your staff we wanted to make sure that you each -- each of the Commissioners received it, the Mayor, the City Manager and the City Attorney, prior to it being released to the media. It will be released to the media (UNINTET ,T IGIBT ,F) after the conclusion of this report to you, but what it is and what it is not, it is bring you up-to-date as to where we are. It is not intended to be a final report because it does not contain any conclusions as it relates to the issues that developed during the FTA, but I thought and the panel thought it was important so that the Commissioners, as well as the Mayor, the City Manager, the City Attorney, get an update as to where we are in our investigations, and to inform you that, thanks to your support and efforts, that we now have a full staff on board and it's in the process completing what I think is critical, and that is the investigation of the FTA. Chairman Sanchez: Thank you, sir. Any questions pertaining on this item from the Commission? Commissioner Regalado, you're recognized. Commissioner Regalado: Mr. Chairman -- Mr. Handfield: Yes, sir. Commissioner Regalado: -- I just glanced as the -- at the report now and also I have been watching media reports. Are you having problems with the Miami Police Department to get the information that you need to finish your FTAA (Free Trade Area of the Americas) investigation? Have you filed suit against the Miami Police Department? Mr. Handfield: Yes, Commissioner. We were placed in the very unpleasant and difficult position to file a lawsuit as relates to receiving certain information that we believe is critical to assisting us in bringing to a conclusion the FTA investigation, specifically as relates to the policy and procedures in the manual as relates to certain understandings that took place between other agencies that were working with the City ofMiami Police Department. We filed suit in circuit court. We prevailed on the circuit court level. The Police Department filed an appeal appealing City ofMiami Page 97 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 the judge's decision. Right now where we are is on the appellate level before the Third DCA (District Court of Appeals), and we believe that we will be victorious on the ThirdDCA, and hopefully, at that time, we will be able to get the necessary information from the Police Department to assist us in bringing this matter to conclusion, but to answer your question, yes, we had to file suit. Commissioner Regalado: We did not -- the Commission created you, the voters did. Mr. Handfield: Yes. Commissioner Regalado: So in a sense, the people ofMiami are filing suit against the Police Department to get the information. That could be the assumption. What is so secret about not providing information under the public records request that guess that you have made to the panel? What is the compelling argument here? Chairman Sanchez: Mr. Handfield, before you answer that, I believe the City Attorney wanted to speak on the item. Jorge L. Fernandez (City Attorney): Mr. Chairman, Commissioners, yes, most unfortunately, the Civilian Investigative Panel chose to file a lawsuit against the City ofMiami, alluding to the Police Department. The Police Department is not an entity. It is the City ofMiami that they have sued, and in this appeal that is being perfected and it's going through the appellate courts right now, the two issues that are on appeal is whether, in fact, the records that they have requested are exempt under public records or not. The City ofMiami, again, not the Police Department, asserted that these records that they have requested are subject to an exemption in public records, and counsel accurately represented that the trial court agreed with them that it was, in fact, a public record, that it needed to be revealed, after the judge reviewed the records in camera. We respectfully disagree, both with the Civilian Investigative Panel and with the trial court judge, and that's why we have a court system, and we're in the appellate court, but the second issue that's on appeal that's equally as important is the fact whether this entity that was created by this Commission in fact has the power to sue this Commission itself, and that's another issue that will be tried, and frankly, we're hopeful that the appellate court would rule on behalf of the City on both of those issues. Commissioner Allen: Mr. Chairman, if I may chime in. Commissioner Regalado: IfI just -- just one second, please. Commissioner Allen: Mr. -- yeah. Commissioner Regalado: It says here on this public -- Commissioner Allen: Right. Commissioner Regalado: -- document -- Commissioner Allen: You just -- Commissioner Regalado: -- July 29, 2004, MPD (Miami Police Department) filed a motion to dismiss. That is why I mentioned -- Commissioner Allen: Right. Commissioner Regalado: -- the fact that they sued the police and the police -- you may represent the police, but it says here on this document, July 29, 2004, MPD filed a motion to City ofMiami Page 98 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 dismiss. In response to the CIP lawsuit, the MPD filed a motion to dismiss, contending that the CIP lacked standing to bring suit, and that the operational plan is exempt from public disclosure. Mr. Fernandez: And that's exactly what I've said. Perhaps, the only thing there is -- Commissioner Regalado: No. You said that the -- that it wasn't the Police Department; it was the -- Mr. Fernandez: Well -- Commissioner Regalado: -- City. Commissioner Allen: City. Mr. Fernandez: You know -- Commissioner Regalado: And I'm just saying to you that mentioned MPD because it's written here. Mr. Fernandez: Correct. Commissioner Allen: But -- Mr. Fernandez: Well, and just because it's written there doesn't mean that's necessarily accurate, first. Commissioner Winton: Technically correct. Mr. Fernandez: Secondly, any entity of the City ofMiami, when we're in court -- Commissioner Regalado: Is defended by you. Mr. Fernandez: -- is in fact the City ofMiami -- Commissioner Regalado: Of course. Mr. Fernandez: -- and is represented by us. Public Works is the City ofMiami. Commissioner Allen: Right. Mr. Fernandez: Fire is the City ofMiami. Police is the City ofMiami. Commissioner Allen: Right. Chairman Sanchez: Commissioner Allen. Commissioner Allen: And Mr. Chairman, two quick questions. Mr. City Attorney, you said something very operative. You indicated that the main issue that was appealed to the Third DCA is the issue of whether or not these are public records, but you went further. You made it appear as if we, as the City, on behalf of the Police Department, filed a counterclaim against the CIP; is that what happened? Mr. Fernandez: No. No, no. City ofMiami Page 99 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Commissioner Allen: Based on -- to try to determine some constitutionality of the CIP itself? Mr. Fernandez: No. No, no. Commissioner Allen: OK. Mr. Fernandez: It's -- Commissioner Allen: All right. Mr. Fernandez: Right. Commissioner Allen: All right, so the second question is, if, in fact, the CIP prevails at the Third DCA -- Mr. Fernandez: Yes. Commissioner Allen: -- are we going to then try to appeal it even further to the Florida Supreme Court, or are we going to just, at that point -- what's your decision? Mr. Fernandez: I will have to review the opinion that's issued by the Third DCA. I would have to see if there is a discrepancy between the Third DCA -- Commissioner Allen: Right. Mr. Fernandez: -- and any of the other district courts of appeal, andl -- ifI feel that it is meritorious, I will come back to this Commission and request authorization to perfect a further appeal. I believe that the issues that are being litigated are legitimate. This is not to discount the CIP's position. It's -- we just happen to disagree -- Commissioner Allen: Right. Mr. Fernandez: -- on a very critical issue, but believe that the City ofMiami, through its Police Chief is asserting a very valid claim under our public records law exception, and we believe that revealing our opening this plan to the CIP would immediately make it in the public domain, and not only would the CIP be entitled to have it and get it, but at the same time, all other groups out there of all different kinds of leanings and inclinations would likewise have the police plan for conducting all of these operations. Commissioner Allen: But -- ifI may, Mr. Chairman and Mr. Handfield, does this, in fact -- has this been stalling your abilities to function as the -- as -- the fact that you've been formed to carry out those duties? I mean, I'm just -- Mr. Handfield: Obviously, it's been having a chilling effect on our ability to conclude the -- Commissioner Allen: Right. Mr. Handfield: -- FTA investigation, and all due respect to the City Attorney, obviously the panel disagrees. I think the -- maintaining the integrity of the panel and mandating -- and following up the mandate to have an independent panel -- Commissioner Allen: Right. Mr. Handfield: -- to carry out its function -- City ofMiami Page 100 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Commissioner Allen: Right. Mr. Handfield: -- the information is essential to evaluating exactly what happened, what went wrong -- Commissioner Allen: Right. Mr. Handfield: -- if anything, and we believe that it has made it very, very difficult and chilling for us to conclude the investigation. Commissioner Allen: Right. Because I understand Commissioner Gonzalez' concerns. This should be a seamless process. I mean, you should be able to carry out your duties. There shouldn't be this huge fight -- Commissioner Winton: Mr. -- Commissioner Allen: -- that's taking place. Commissioner Winton: Mr. Chairman. Commissioner Allen: And l just -- Chairman Sanchez: Wait. Mr. City Attorney and then -- Commissioner Allen: We've got to find a way -- Chairman Sanchez: -- Commissioner Winton. Commissioner Allen: -- to resolve this, andl think, as the Commission, I think we can establish a public policy where -- that the CIP will be able to carry out their duties, andl would like to make a motion to that extent. Maybe we can direct our City Attorney that, perhaps, we should abandon the appeal that we're currently pursuing at the Third DCA. Chairman Sanchez: Commission -- Commissioner Winton: Mr. -- Chairman Sanchez: Wait, Commission -- listen. Commissioner Allen: Yes. Chairman Sanchez: Before you present that motion, Commissioner -- Commissioner Allen: OK. Chairman Sanchez: -- with all due respect, let's listen to the entire debate. Commissioner Allen: Sure. Chairman Sanchez: We're going to go to the City Attorney and then we're going to go to Commissioner Winton. I believe the Chief of -- well, Commissioner Regalado and then the Chief of Police would like to state something for the record, so -- Commissioner Allen: Right. City of Miami Page 101 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Commissioner Winton: Mr. -- Chairman Sanchez: -- Mr. City Attorney and then we'll go to Commissioner Winton. Mr. Fernandez: Yeah. The record needs to be perfectly clear that the Civilian Investigative Panel has been given everything that they have asked for except this operational plan, which in the opinion of our professionals at the Police Department, as well as in the opinion of my office, it is exempt from public record for all the right reasons, so when you're talking about cooperation, facilitating and everything else, you need to know that this is a very narrow and a very limited issue. The -- you need to know that one of the very first things I did when I became your City Attorney was visit with the Civilian Investigative Panel. At which time, they fully engaged me in a very interesting and lively discussion about this and many other issues, and at the time, I represented to them my position with regard to making sure that their work and their mission would be accomplished, because I am here to facilitate for them everything that they need to have in order to carry out their task -- Commissioner Allen: Right. Mr. Fernandez: -- as City Attorney, but by the same token, I reminded them andl remind you that it is my constitutional duty to look out for the best interest of the entire City, andl do believe, putting it in balance, that it is in the best interest of the City that we continue and that we perfect, through the courts, this single -- and perhaps, large in the eyes of some, in the eyes of others, perhaps, not so large -- debate with regard to this operational plan. Chairman Sanchez: Commissioner Winton. Commissioner Winton: Mr. Handfield, how many other investigations do you have ongoing relative to the City ofMiami Police Department, other than FTAA? Mr. Handfield: 178. Commissioner Winton: And are you getting cooperation from the City ofMiami Police Department in investigating the other 178? Mr. Handfield: We have not had any difficulties as relates to any matter other than this operational -- Commissioner Winton: OK. Now -- Mr. Handfield: -- matter. Commissioner Winton: Thank you, and I think you know, Mr. Handfield, from day one, I have voted consistently in support of first, the establishment of the CIP and getting it to the voters, and voted at every turn and used my influence at every turn to provide you all the resources you need to do your job appropriately. Mr. Handfield: And we thank you so much for that. Commissioner Winton: And I've listened to this debate over this one issue relative to FTAA, and the one item that you feel strongly that you need to conclude your investigation, butl will tell you, from where I sit, I can see good and bad on both sides here, andl don't know who's right. I don't know if you're right; I don't know if our Police Department is right, and that's the great thing about our system here. We have other courses to seek to find the appropriate answer by law, and so I'm going to be very supportive of our City Attorney's action in getting an independent source, which is our court system, to determine whether or not the CIP is correct or City ofMiami Page 102 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 our Police Department is correct because I'm not capable of determining that. I think this is an issue of law, and I think we are taking the proper course. I think you've taken the proper course, although the City Attorney is saying we're going to debate that also, andl don't know the right answer there, either, but it seems logical that you would take that course. It seems logical that we might suggest that you can't do that, but I think both of these instances are really good next steps to firmly set the ground rules and the foundation for moving this whole thing forward, and you have stated by your own admittance that, as it relates to 176 other cases, you have the cooperation of our City Attorney's Office and our Police Department in moving things forward, and so I'm happy that you all are doing -- Mr. Handfield: Excuse me. Commissioner Winton: Are we going to have a conference or do you want me to finish? Mr. Handfield: I'm sorry. Go ahead. Chairman Sanchez: Commissioner Winton. Commissioner Winton: I am happy that you all have taken the actions that you've taken because I think these issues do have to be cleared up. I'm happy that our City Attorney has taken the actions that he's taken, andl, frankly, am anxious for our court system to make a determination, once and for all, on these crucial issues, and then we all know where we're going, so I don't have a problem with this. Mr. Handfield: I just wanted to make sure the record was correct, andl was informed that although the main hurdle has been the operating manual procedure, we recently received the training material that was requested. Obviously, that material was requested several, several months ago, and as it relates to Internal Affairs closeout, Internal Affairs within the Police Department investigate cases, then obviously, as the Panel, we have the right to review those to see whether or not there are further investigations to be reviewed. According to the ordinance that created us, upon requesting that, those information should be provided. We have been receiving some hurdles by the Police Department requesting certain information in writing, which is contrary to where -- the way the ordinance speaks. I just wanted to set the record straight that there have been some resistance. It's not been as smooth as we would like, and there's been some resistance from the Police Department in cooperating. However, I think we can work through most of those things, andl -- especially, if it is the view of this Commission, through the directors of the Police Department, to work with the CIP in resolving issues -- Commissioner Winton: Which you -- Mr. Handfield: -- I'm quite sure that will be -- Commissioner Winton: -- know has always been the case. Mr. Handfield: Yes. Commissioner Winton: So you know where to go when you have insurmountable problems, but - Mr. Handfield: Absolutely. Commissioner Winton: -- these two issues are a little different Mr. Handfield: Yes. City of Miami Page 103 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Commissioner Winton: So -- Chairman Sanchez: Commissioner Regalado. Commissioner Regalado: Seventy-six percent of the voters of Miami created you. Mr. Handfield: Absolutely. Commissioner Regalado: We did not appoint you directly. There was a committee, committee of very professional people that gathered your names and interviewed all of you, and we were presented with your names, no discussion, just like the contracts that come from the City Manager; it's a recommendation, and we trust this group of people, professional people, people that knew a lot about what they were doing, and we appointed you, so we don't have an agenda on this board. However, the single most important issue that has happened in the City ofMiami, after the Elian riots, is the FTAA meeting. If you tune in the TV (television) in Rome or in Los Angeles, or in Mexico City, you would have seen the videos of the City ofMiami. We just cannot turn the page. We just cannot say, well, you know, might as well -- let's work with what we have. You know what, your board will be judged by you decide about the FTAA. Mr. Handfield: Absolutely. Commissioner Regalado: Every single case is important because the life of a human being is important because an abuse case is important. However, in the big picture, you will be judged by the FTAA -- Commissioner Winton: Well, I think that's -- Commissioner Regalado: -- situation. Commissioner Winton: -- your opinion. I don't think that that's our opinion. Commissioner Regalado: Well -- Commissioner Winton: So I think that ought to be clear. That -- Commissioner Regalado: But I'm not -- Commissioner Winton: -- happens to be your opinion. Commissioner Regalado: -- talking -- in behalf of the City Commission. Commissioner Winton: I don't know who you're talking in behalf of. Commissioner Regalado: I am talking about this City Commission andl have all the right to do it. Commissioner Winton: I'm just suggesting don't say -- don't be putting on the record that I'm in agreement with you that they're going to be judged by what they do on FTAA. I don't agree with that at all. Commissioner Regalado: But -- Commissioner Winton: I think they're going to be judged on their overall performance over the long haul, relative to all issues that come before them -- City ofMiami Page 104 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Commissioner Regalado: Commissioner Winton. Commissioner Winton: -- not the FTAA alone. Commissioner Regalado: Commissioner Winton, that's my opinion, and you have to respect my opinion. That is my personal opinion. Commissioner Winton: Well -- but you didn't say that. You said -- Commissioner Regalado: I said -- Commissioner Winton: -- you're going to be judged -- Commissioner Regalado: -- you're -- Commissioner Winton: -- and so we were saying that. Commissioner Regalado: That's what I -- that's what I'm saying. Chairman Sanchez: All right. All right, all right. Commissioner Regalado: That's what I'm saying. Chairman Sanchez: Come on. Commissioner Regalado: As a matter of fact -- Chairman Sanchez: Maintain order. Commissioner Regalado: -- I -- as a media person, as a person that has covered many riots in the City ofMiami since 1972, I will tell you that the media -- and maybe the media will make a disclaimer, no that's not the opinion with the media. This media person will judge you for the FTAA. I don't -- I just don't understand. I'm not an attorney. I think that the people in the City Attorney's Office have all the rights to opine. The Chief has all the rights, but you do have rights, too, andl -- as a layperson, as just an outsider, this operational plan will never be the same because there will never be another FTAA during three days in the Intercontinental Hotel. If they come back here, they will probably go someplace, or they will probably meet for two days and the operational plan will change. To me, that's very, very simple, so what I'm saying to you, and I'm talking on behalf of this Commissioner only and only this Commissioner, that you have all the right to seek the information to complete your job. You do not need to give up because you need to finish this work. Mr. Handfield: Thank you so much. Commissioner Regalado: Thank you. Commissioner Allen: Right. Chairman Sanchez: Any other questions? If not, Chief I believe you wanted to speak, sir. Chief John F. Timoney: Good morning. John Timoney, Chief of Police. I think need to set the record straight regarding the City ofMiami Police Department's cooperation with the CIP. Regarding the FTAA, I personally testified before the CIP, on the first occasion, for one hour, on the next two occasions, for three hours, myself and Chief Fernandez. We also supplied the CIP with 15 or 16 volumes of documents surrounding the events of the FTAA. Additionally, hundreds City ofMiami Page 105 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 of hours of videotape surrounding the FTAA. The one document that we did not provide yet is the operational plan. It's in my professional opinion that the operational plan will offer no further insights into what happened that day, but there is a principle here, as the City Attorney pointed out. It's not just this operational plan. It's every operational plan that we produce, whether it's for a presidential visit, a debate, or anything that goes on in this City. For security reasons, those operational plans need to be exempt from the public records law, and so it's not -- it's nothing against the CIP, professionally or personally. It's an issue regarding operational plans. Regards to the last comment that there's been a delay in some of the documents after the original 16 volumes, we have get -- we have gotten or received numerous requests for additional information regarding training manuals. I have directed our lawyer, George Wysong, to give the CIP whatever they request. However, we are the Police Department. We get hundreds of requests, literally, on a weekly basis under (UNINTELLIGIBLE). Wysong is by himself and he's got one assistant, and so he goes as fast as he can, and maybe the City can -- the City Attorney can give him two or three more attorneys and speed up the process, I don't know. I don't make those calls, but certainly, George Wysong's instructions from me is, whatever they need, they get, so I just think we need to give this presentation here some context. Then finally, regarding the operational plan, there is also a County CIP that produced their report on the County's operations. They asked for the County's operational plan. The County refused to give the County CIP the operational plan. They, nonetheless, produced a pretty voluminous report within two months. Thankyou. Chairman Sanchez: Thankyou. Any other questions? Mr. Handfield, are you done? Mr. Handfield: I just -- Commissioner Allen: Can I make a -- just a comment? Chairman Sanchez: Sure. Commissioner Allen, the -- Commissioner Allen: Chief Timoney just said something very operative, the fact that -- is there a lack of staff with respect to executing these public requests? Because if that's the case, that shouldn't be the reason for a delay. I say that largely because I'm a trial lawyer andl know how tough it is getting certain records and the stalling tactics of certain individuals, so if there's an issue with respect of lack of staff, I think that we should address that immediately because that should be a seamless process. Whenever a request is made, within ten days, under the law, you're supposed to have it to the party, so is there an issue that we can resolve with respect to that, either the City Manager's Office or City Attorney? Mr. Fernandez: No. The -- within the limited resources that the City has with regard to its operations, we believe that we have reasonably provided staffing for the Police Department in the person of Mr. Wysong. However, it's an issue of volume. It's an issue of timing, but what underscores all of this is mostly good will or the right attitude, and if allegations are being made by the CIP that there is an issue of good will or attitudes, then perhaps this Commission should weigh in and deal with that, but other than the normal delay that happens in a bureaucracy the size of the City and the size of the Police Department, a delay of some time in handling that type of a request is not at all unusual, so no, we're properly staffed and that -- I don't see that an issue, other than if the CIP would like to make that an issue of goodwill or attitudes. Mr. Handfield: No, no. The CIP is just basically trying to carry out the mandates of the citizens, andl think that, based upon what we've heard today, I don't see that there should be any problems with that. I'm quite sure that the Chief wants to work with the CIP, and I'm not suggesting that he doesn't because I have had a very good relationship with the Chief andl think that pretty much with the oversight of the Commissioners making sure that the information that is necessary is provided, I'm quite sure that we will be able to fulfill our job, andl want to thank all of you for your patience, your understanding, and for allowing us to serve the citizens City of Miami Page 106 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 of the City of Miami. Thank you so much. Chairman Sanchez: Hold on, Mr. Handfield. I believe Commissioner -- Vice Chairman Gonzalez had some statements. Vice Chairman Gonzalez: Yeah. I just want to emphasize what Commissioner Allen said about resources. I believe that if there is a shortage of resources on the Police Department to assist on providing requests from the press or from anybody, we need to address that because the City of Miami Police Department is not exemption to any other department within the City government. They have the same responsibility that Public Works may have, that your office may have, that the Manager might have, that our offices might have, when we are requested documentation and when we're requested something, we need to provide it to the people, and if there is a problem -- because let me tell you, we are -- I've been addressing the issue of the legal gambling machines. We have over 800 machines in a warehouse, and as the Chairman of the Quality of Life Task Force, I've been asking for the resources or for the legal opinion, or for the decision to destroy these machines, and we have been going over and over and over and over and over for months and months and months and months, and Mr. Wysong had this in his hands for I don't know how long and he never delivered, and you, Mr. City Attorney, had to get involved to get a final decision, or a final legal opinion, and a final procedure to destroy these machines, so if the CIP's having problems getting their -- whatever they're requesting, or the press, by the fact it's having delays on getting whatever they are requesting from the Police Department, we need to provide the resources, whatever the resources might be, so everybody can get whatever they're requesting on the proper time, so if Commissioner Allen -- if you have a problem, Mr. City Attorney, it's the time to say it now, but you know, that should not be an excuse. We have limited resources and we cannot provide essential services to the City, to the residents and to the people, that should not be excuse. Let's look for the resources, OK, so if, Mr. City Attorney, you have a problem, you don't have enough attorneys to help the Miami Police Department do their services efficiently and the way they do, it's not "let's take the blame from the Police Department; " let's find a solution. Let's help the Police Department be able to provide whatever records are requested from the public or from the press in the shortest time possible, OK, so you have it now. The ball is in your courtyard. You tell us if they need more lawyers, if they need more assistance. Maybe we can provide some civilians to, you know, assist them in getting the records together, but we need to solve this problem. I mean, we need to solve this problem, andl support whatever Commissioner Allen, you know, do in this respect, so -- but that should not be an issue. We don't have enough attorneys to handle the request and, you know, and then the request gets delayed and delayed, and maybe -- sometimes, maybe newspaper people or media people are waiting for a request a week, or two weeks, or three weeks because there was a time here in the City ofMiami -- and I'm not saying now -- but there was a time here in the City ofMiami, andl remember that, that whenever you wanted to get some records, you had to hire an attorney, and even threaten the City into going into the courts in order to get the findings or whatever you wanted to know, so I don't think we want to go back to that, you know -- I don't think we want to go back in time. I don't -- I will hate to see the City going back to those practices. All right. Chairman Sanchez: Commissioner Allen, before you present -- I believe you had a motion you wanted to present. I just -- as the Chair, will like to state that truly believe that this is an issue of law, with fundamental process, which both parties have rights, andl strongly feel that this legislate -- legislative body should not interfere in that process and I'll tell you why. Your duties just don't focus on FTAA. You have a broader scope, as you're def -- you're well defined as to what your duties are, butl could tell you this much, the FBI (Federal Bureau of Investigations) has certain documents that they're not going to turn over, and you may have to seek that process. The CIA (Central Intelligence Agency) may have documents, for whatever reason, national security, et cetera, et cetera, that they will just not turn over, and you would have to seek that process, andl respect that process. That process is the fundamental process of this great nation of ours that is determined by the laws and the judges, and therefore, if you follow, which every right that you have to obtain those documents, and the court says that those documents need to City ofMiami Page 107 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 DI.2 05-00165 Office of Strategic Planning, Budgeting, and Performance be turned over to you, those documents should be turned over to you. However, I want to state this. The focus of the CIP -- and seeing that, what you've stated on the record today, there was cooperation on all the issues except that one believes -- leads me to believe that at least that there is cooperation between the CIP and the Police Department to try to put a closure to a lot of these cases that are now pending, and basically a great cloud over the City ofMiami and the people that represent the City ofMiami, so having said that and before there's a motion put on the table, I, as always, want to commend you and your staff for a great job that you're doing and I wish you the best. Mr. Handfield: Thankyou so much, and Mr. Chair, ifI can be allowed just to recognize the panel members that's present, Otis Davis, Danny Couch, JanetMcAliley, Dr. Tangier Scott and Brenda Shapiro is also present. Thank you all so much. Chairman Sanchez: Thankyou so much. All right. Any action by this legislative body? Commissioner Allen: Just only -- Mr. Chairman, at this juncture, I think we've heard and had a healthy debate this morning -- Chairman Sanchez: Exactly. Commissioner Allen: -- and based on that, I'm going to withdraw my motion, but however, we must realize that there is going to come a time, very foreseeable, where if the courts decides whether or not it rules in favor of the CIP, whether or not we want to agree as to whether or not we want the City Attorney to continue to pursue legal action on this -- Commissioner Winton: Correct. Commissioner Allen: -- matter, so at some point -- Commissioner Winton: Right. Commissioner Allen: -- just be aware that there will come a time where we have to insert ourselves as the legislative body here to give direction and establish a policy with respect to City Attorney's position in this matter. Chairman Sanchez: Thankyou, sir. Commissioner Allen: Thank you. Chairman Sanchez: No other discussion. Thank you so much for the presentation, sir. We move on to the -- Mr. Handfield: Thank you. Chairman Sanchez: -- blue pages, and believe the first item to be discussed or presented is the Honorable Mayor Manny Diaz, who has an item. He's coming now? OK. Let's go ahead and go to District 1. Vice Chairman Angel Gonzalez, do you have anything on blue pages, sir? Vice Chairman Gonzalez: No, sir. DISCUSSION ITEM DISCUSSION CONCERNING A FINANCIAL UPDATE AND A BUDGET OUTLOOK. City ofMiami Page 108 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 05-00165-cover memo.pdf DISCUSSED Chairman Sanchez: All right. Having deferred that item, I believe that just -- what we have left is just maybe board appointments and -- Joe Arriola (City Manager): DI (discussion) -- Chairman Sanchez: -- a couple of PZ items. Commissioner Allen: Yeah. Mr. Arriola: DI 2. I think you're -- Commissioner Winton: Who? Chairman Sanchez: Mr. City Manager. Mr. Arriola: DI2 -- Larry Spring: (Chief of Strategic Planning, Budgeting and Performance): Budget update. Mr. Arriola: -- the budget update. Chairman Sanchez: All right. We'll -- Mr. Arriola: I mean, if you -- Chairman Sanchez: -- bring -- we'll take that out -- Mr. Arriola: -- want to clear things up. Chairman Sanchez: -- of order at the request of the City Manager. Mr. Arriola: Who is not being fed today. Mr. Spring: Morning -- Chairman Sanchez: Who's what? Mr. Spring: -- afternoon. Larry Spring, Chief of Strategic Planning, Budget and Performance. My update is as of the period ended February 28, 2005. As of that reporting date, we're well into the second quarter of the fiscal year. Our forecast continues to be positive, as of that date. The City is performing better than budget, both revenue and expense netted by $2, 700, 000. Chairman Sanchez: How much? Mr. Spring: 2, 700, 000. Commissioner Allen: That's what we net? Commissioner Winton: Is that a timing issue or is it real? Mr. Spring: No, no, no, that's -- we're perform -- our collections are better than -- Commissioner Allen: Than previous. City of Miami Page 109 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Mr. Spring: -- our forecasted collection is better than -- Commissioner Winton: Great. Mr. Spring: -- our forecasted expenses by -- Commissioner Allen: Right. Mr. Spring: -- $2, 700, 000 -- Commissioner Allen: Great. Mr. Spring: -- or the net. On the revenue side, in gross, we're exceeding budget by 3, 400, 000. That positive variance is generally attributable to better-than-expected collections in the area of charges for services. On the expenditure sides, we do have an issue, which I've reported to this Board previously, which is in the area of fuel and utilities. We're forecasting a deficit there that combines to about $735, 000. We continue to -- Commissioner Allen: And that's because of the market. Mr. Spring: That's because of the market, and actually, the mid year that I'll be bringing to this Board will address that issue. I've been working with our GSA (General Services Administration) Department to get some good forecasts for what those fuel costs are anticipated to rise to. We have some futures and things, so I feel confident that we'll be able to satisfy that need within the contingency reserve that's already in the budget, so -- Commissioner Allen: So should I go long or short -- Mr. Spring: Right. Commissioner Allen: So should I go long or short on that? Mr. Spring: Exactly. And that's pretty much the -- Chairman Sanchez: All right. Commissioner Allen: Right. Mr. Spring: -- update. Chairman Sanchez: Any questions from the Commissioners to the director? Commissioner Allen: Right. Chairman Sanchez: If not, I always have two -- Commissioner Allen: Yeah. Chairman Sanchez: -- questions that I always ask, and think it's paramount and in a prudent manner to always put on the record and ask you, as the expert and director of your department, to advise us of any conditions that we should be made aware of coming down the pike as to a forecast of anything that might tilt the City into financial crisis. Mr. Spring: No, not at this time, other than what I just reported. City of Miami Page 110 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Commissioner Allen: Right. Chairman Sanchez: All right. Mr. Spring: The fuel. Chairman Sanchez: And the other would be, is there anything out of the norm that we should be made aware of? Mr. Spring: Nothing out of the norm. You know, we continue to work on our future forecast for the out years. We are starting our budget process. We're starting training next week. I'll be coming before you in individual meetings to discuss what your individual priorities are and talk about the calendar for the upcoming fiscal years. I'd like to be even more proactive in getting that workshop done sooner than we have in the past; give the Commissioner a lot more time to really get into the details of the budget. I've been working very closely -- actually, I just had a meeting this week with the Fire and Police to talk about the impact that development will be having on our public safety issues -- Commissioner Allen: I see. Mr. Spring: -- so that we'll have a very full, vetted out discussion on that, as it relates to the '06 presentation and the next five years. Commissioner Allen: Right. Chairman Sanchez: But not only on the public service aspect of it; safety on the -- Mr. Spring: Everything. Chairman Sanchez: -- on the public service aspect of it, too. Mr. Spring: Exactly, exactly. Commissioner Allen: For the infrastructure. Chairman Sanchez: Forecast. Commissioner Allen: All right, all right. Chairman Sanchez: All right. Any other questions? Commissioner Allen: Yeah, just a quick -- Chairman Sanchez: Commissioner Allen. Commissioner Allen: -- observation. You mentioned earlier, Mr. Springs [sic], about the expenditure and you sort of codified that with two specific entities or -- and so forth. I'm just curious, going forward on a percentage basis, those are just going to be negligible, right? It's not going to be any escalating, just based on your projections because -- Mr. Spring: All right. As far as fuel is concerned? Commissioner Allen: Yeah. That's just going to be negligible, which -- continue to increase, but City of Miami Page 111 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 DI.3 05-00302 Department of Capital Improvement Programs/Transpor tation Mr. Spring: Given the market -- Commissioner Allen: -- it's not going to -- Mr. Spring: Yeah, given the market condition, I would not classin, it as negligible. It is a concern because, you know, the war is going on and that fuel price -- we've seen it in the media, it continues to be going up and up and up. We have -- it's under control because we work well in working up on that forecast, and we -- I think we have a good sense of where we're going to be -- Commissioner Allen: Right. Mr. Spring: -- as far as the summer is concerned -- Commissioner Allen: Right. Mr. Spring: -- so that we can deal with it ahead of time. Commissioner Allen: OK. Mr. Spring: You know, I want to deal with it next month so that it won't be an issue, you know, as far as this Commission will be concerned. We saw it coming, we adjusted our budget for it, and we'll be able to operate. Commissioner Allen: OK. Thanks. Chairman Sanchez: All right. Any other questions? If not, thank you for the presentation. I think we've gone through the agenda pretty quickly this morning. I do believe we just have a couple of minor items to be brought forth this afternoon, including two PZ (Planning & Zoning) items, and then of course, the Midtown CRA (Community Redevelopment Agency) meeting, so having said that, we'll go into recess. We'll be back at 2: 30. Enjoy your lunch. Commissioner Allen: Thank you. DISCUSSION ITEM PRESENTATION CONCERNING GRAPELAND HEIGHTS WATER THEME PARK. 05-00302-summary form.pdf 05-00302-pre resolution.pdf 05-00302-Submittal. pdf DEFERRED Chairman Sanchez: At this time, I believe that DI3 has been deferred to the next Commission meeting. City of Miami Page 112 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 PART B PZ.1 05-00258 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, ACCEPTING THE RECOMMENDATION OF THE PLANNING ADVISORY BOARD AND FINDING THAT THE MIDTOWN REDEVELOPMENT PLAN, ATTACHED AND INCORPORATED, IS IN CONFORMITY WITH THE COMPREHENSIVE PLAN FOR THE DEVELOPMENT OF THE CITY OF MIAMI AS A WHOLE. 05-00258 Legislation.PDF 05-00258-Exhibit 1- Midtown CRA Plan.pdf 05-00258-Exhibit 2- PAB Reso.PDF 05-00258-Exhibit 3- Fact Sheet.pdf REQUEST: To Accept the Midtown Miami Redevelopment Plan APPLICANT(S): Joe Arriola, City Manager FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on April 6, 2005. See companion File ID 05-00258a. PURPOSE: This will accept the Midtown Miami Redevelopment Plan. Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0240 Chairman Sanchez: Now, we go to PZ.1, which is to accept the Midtown Miami CRA (Community Redevelopment Agency). Then we will recess and go into a CRA meeting. We will - Commissioner Winton: Recess and come back to the Commission meeting. Chairman Sanchez: -- recess and come back to the regular Commission meeting, and then we will adjourn, OK? So having stated that, I believe that PZ.1, is there anyone here from PZ.1? PZ.1 is an item to accept the Midtown Miami CRA. Carmen Sanchez: Good afternoon, Commissioners. Carmen Sanchez, Department of Planning and Zoning. The item before you is -- was referred from the PAB (Planning Advisory Board). It was adopted on April 6, where they accepted the Department of Planning's recommendation to approve the Midtown Miami Redevelopment Plan, and finding that the Plan was in compliance with the City ofMiami Comprehensive Plan. It's further being recommended in PZ.2, companion item, that the Plan be forwarded to the County Commission for their consideration and established in their trust fund. This is in compliance with the Midtown Miami interlocal agreement. Chairman Sanchez: And this is a routine action? City ofMiami Page 113 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Ms. Sanchez: Yes, it is. Chairman Sanchez: All right. Is there a -- Commissioner Winton: So moved. Chairman Sanchez: Is there a motion? Commissioner Allen: Second. Chairman Sanchez: There's a motion by Commissioner Winton, second by Commissioner Allen. Is there 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. Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Therefore now, we recess and we go into -- Commissioner Winton: No. Priscilla A. Thompson (City Clerk): No, no. Commissioner Winton: We've got to do PZ.2. Ms. Sanchez: PZ.2. Commissioner Winton: Which is -- Chairman Sanchez: Oh, we do. Commissioner Winton: -- kind of a companion item to -- Chairman Sanchez: All right, it's a companion item PZ. 2. It's a resolution. Go ahead. James Villacorta (Assistant City Attorney): You should do -- excuse me. You should do the Midtown CRA (Community Redevelopment Agency) in between the two. Chairman Sanchez: There you go. Commissioner Winton: Oh, we should? So I screwed that up for you. Chairman Sanchez: I knew I should always listen to the attorney. Commissioner Winton: I know. You know, I should have listened to you. Chairman Sanchez: All right, so then we recess and we go into the CRA meeting. Therefore, Commissioner Winton, you're recognized as the Chair of the CRA. PZ.2 05-00258a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING AND ADOPTING THE MIDTOWN REDEVELOPMENT PLAN, ATTACHED AND INCORPORATED; DIRECTING THE CITY MANAGER TO TRANSMIT THE PLAN TO THE BOARD OF COUNTY COMMISSIONERS OF City of Miami Page 114 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 MIAMI-DADE COUNTY FOR LEGISLATIVE ACTION. 05-00258a Legislation.PDF 05-00258a Exhibit 1- Midtown CRA Plan.pdf 05-00258a -Fact Sheet.pdf REQUEST: To Approve and Adopt the Midtown Miami Redevelopment Plan APPLICANT(S): Joe Arriola, City Manager FINDINGS: PLANNING DEPARTMENT: Recommended approval. See companion File ID 05-00258. PURPOSE: This will approve and adopt the Midtown Miami Redevelopment Plan. 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-05-0241 Chairman Sanchez: All right. We come back to the City ofMiami Commission meeting for PZ.2. It's a resolution. You're recognized. Carmen Sanchez: Again, City of Miami, Department of Zone -- Planning and Zoning. PZ.2 is the companion item to PZ.1, directing the -- adopted the Midtown Miami Redevelopment Plan and directing the City Manager to transmit the plan to the Board of County Commissioners, Miami -Dade County for legislative action. Chairman Sanchez: All right. Commissioner Winton: So moved. Vice Chairman Gonzalez: Second. Commissioner Allen: Second. Chairman Sanchez: It's a PZ (Planning & Zoning) item. There's a motion by Commissioner Winton, second by Commissioner Allen. James Villacorta (Assistant City Attorney): This is a public hearing, as well. Chairman Sanchez: Yes. Before we go into a vote or a discussion, we'll open it up to the public. 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. Any discussion from the Commission? Hearing none, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. And we go into pocket items. Ms. Sanchez: Thank you. City ofMiami Page 115 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 NON -AGENDA ITEMS NA.1 05-00355 DISCUSSION ITEM Chairman Sanchez congratulated Deputy Chief Frank Fernandez, who has been chosen as the 2005 winner of the Gary P. Hayes Award for police leadership; further congratulated Nadia Turner, American Idol participant, on her excellent performance in the contest, and requested that the Mayor present her with a proclamation upon her return to the City of Miami. DISCUSSED Chairman Sanchez: The City ofMiami Commission meeting is being called to order. We're waiting for some Commissioners to arrive, but before we do that, we want to -- and before we go into the swearing and the pledge of allegiance, I just want to take the opportunity, before we get into the order of the day, to make several announcements. First, there's an announcement that I would like to make, andl believe there's congratulations in order today for the Chief Fernandez, who has been honored by an award. Chief Deputy Hernan -- Fernandez has been chosen as the 205 [sic] winner of the Gary P. Hayes Award for public -- police leadership. He will be receiving that award in New York on April the 21 st, and of course, he's not only represents the Department well, but he is a gentleman who has a great future and he makes us all very proud. On another note, I want to congratulate a hometown hero who, last night, unfortunately, was eliminated from American Idol, but one of our hometown, from Coconut Grove, Nadia Turner, was eliminated, a heartbreaker. I was rooting for her all the way, but she's going to be coming back, and what I'd like to do is have the Mayor take the appropriate steps to present her with a proclamation when she gets back, because she did great. She represented us very, very well, so we look forward to her coming back. She was away for two months. She has a lovely little daughter; they were always celebrating in Coconut Grove, and of course, she happens to be someone who deserves a proclamation from us for representing the City. Chairman Sanchez: We move -- we're done with the consent agenda and we move on to -- Before we do that -- Commissioner Winton: Did we move the rest of the consent agenda? Chairman Sanchez: Before we do that -- Commissioner Regalado: Yes, we did. Chairman Sanchez: -- Deputy Chief Frank Fernandez was not here when I stated earlier today he has been chosen as the 205 [sic] winner of the Gary P. Hayes Award for police leadership, and that award will be presented to him in New York. Congratulations, Frank, to you and the department you represent, as well. Thank you. Applause. NA.2 05-00357 DISCUSSION ITEM Discussion concerning the update of the Urban Development Boundary. DISCUSSED Direction to the Administration by Commissioner Winton to schedule an update on the Urban Development Boundary as a District 2 item at the next City Commission meeting. Chairman Sanchez: OK. District 2, Commissioner Winton. City ofMiami Page 116 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Commissioner Winton: I have nothing, but I do have a question. At a Commission meeting, I think, a month ago -- Chairman Sanchez: Yes, sir. Commissioner Winton: -- Mr. Manager, we requested that -- this is on Urban Development Boundary. We had a discussion about Urban Development Boundary. We made a decision not to take any action until the -- until someone from County Planning Department came and addressed us on their thoughts about this whole thing, butl thought that they were supposed to come at the next Commission meeting. This is the second Commission meeting -from there, and we've -- they still don't seem to be on the agenda, so I'd just like to get an update. Alicia Cuervo Schreiber: Commissioner -- Alicia Cuervo Schreiber, Chief of Operations. I spoke to Diane O'Quinn from Miami -Dade County, who advised me they had ongoing public hearings. They have -- are inviting us to their next public hearing. Commissioner Winton: They're inviting us to their next public hearing? Ms. Cuervo Schreiber: That was the conversation we had. Commissioner Winton: So she's too busy to come before the City Commission? Commissioner Regalado: So pass the motion. You know, Miami Beach has done it, South Miami has done it, West Miami has done it. Commissioner Winton: Well, you know, I -- and Mr. Chairman, this is your meeting. I don't want to -- I don't have this as a blue page item. What I would like to do is not bring this up at this meeting, but put it on my blue pages for the next Commission meeting and we'll discuss it, because I have some different thoughts about how I would like to approach the issue, as opposed to making a definitive decision, because I'd like to get more info. Chairman Sanchez: All right. Vice Chairman Gonzalez: Mr. Chairman. Chairman Sanchez: So if we could have that item on the next -- Commissioner Winton: And tell her "thank you" for -- Chairman Sanchez: -- Commission meeting. Commissioner Winton: -- inviting us to her public hearing. Ms. Cuervo Schreiber. Thankyou. Chairman Sanchez: Thankyou. NA.3 05-00358 DISCUSSION ITEM Vice Chairman Gonzalez recognized excellent work done by various contractors who were awarded City contracts in District 1. DISCUSSED Chairman Sanchez: Yes, Vice Chairman Gonzalez. Vice Chairman Gonzalez: Alicia, please. This is not in reference to Commissioner Winton's City of Miami Page 117 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 discussion, but first of all, I want to commend publicly the contractor that is doing the project on 14th Street. Finally, I get a decent contractor to do one of my projects. Commissioner Winton: Holy mackerel. Vice Chairman Gonzalez: Also the contractor that has done, completed the 30th Avenue, between 15th Street and 17th Street -- Commissioner Winton: Are the cameras rolling? I want to make sure this is recorded here. Vice Chairman Gonzalez: -- he's to be commended. Let me tell you, you want to know how good of a job this company did and this guy did there? I went there yesterday morning to see the project completed. Let me tell you, eight of the neighbors came out to thank me, and they told me they're writing a letter to the City and they're getting signatures in support of this contractor. Those are the type of contractors that we have to hire in this City. Commissioner Winton: Here, here. Vice Chairman Gonzalez: I don't care what the price is. I don't care -- you know, what we need is public satisfaction. What we need is people to go in in a project, do the project, do it right, get out and go into another project, OK. I have very many discussions about, you know, the bidding process, the lowest bidder, the whatever, blah, blah, blah, blah, blah. Well let me tell you, one of my biggest nightmare was a lowest bidder contractor in a project had made my life miserable for a year, and I'm still suffering the pain because I still having pain over there, so, Alicia, I want you to, you know, tell these people that we appreciate the work they're doing. They're professionals. They're, you know, doing a clean job and doing a great project, and everybody is very happy with both companies -- Alicia Cuervo Schreiber (Chief of Operations): I will advise -- Vice Chairman Gonzalez: -- so I want to recognize that. Ms. Cuervo Schreiber: -- CIP (Capital Improvement Projects), and thank you, Commissioner. Vice Chairman Gonzalez: Now I'm going to go on the negative. You feel OK now? Now -- Ms. Cuervo Schreiber: I was feeling really good. Vice Chairman Gonzalez: -- are you ready? All right. No, no, no. This is not against your department. I don't know if it is happening in other districts, but in my district, we have done some street projects and we have completed some street projects. Well, guess what? WASA (Water and Sewer Authority), and everybody know how WASA works. I mean, it's the County and, you know, we're familiar with the County and the way the County operates. That's not -- you know, I mean, you know. WASA is coming back to our streets; they're opening trenches, installing pipes and they're not resurfacing the entire street once -- you know, after we have spent the time, the money and the effort to give the community new streets, they are destroying whatever we have done, so we need to do something about that. Mr. Manager, maybe you can talk to your friend the County Manager. I know you have good relations there. Maybe -- I don't know who you can talk to, but maybe you can talk to the police officer -- the Police Chief that is the Mayor's -- you know, someone to take care of this situation because we're going to have to go back. I'm not going to allow those streets to remain the way they are after we had fixed them, and it's going to cost us money, so you know. Ms. Cuervo Schreiber: OK. City of Miami Page 118 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Vice Chairman Gonzalez: I mean, they need to put their act together. If they're going to do sewer lines, they need to let us know so they can do their sewer lines before we do new streets because, you know, it's ridiculous. I mean, we go out there, we're doing new streets and they come back two weeks later and they -- Commissioner Winton: It's ridiculous. Vice Chairman Gonzalez: -- destroy whatever we have done, you know. Thankyou. Chairman Sanchez: All right. Ms. Cuervo Schreiber: Thankyou. Chairman Sanchez: Thankyou. NA.4 05-00351 RESOLUTION Mayor's A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW International SPECIAL REVENUE FUND ENTITLED: "SUPPORTIVE SERVICES TO Council MARIEL DETAINEES" AND APPROPRIATING FUNDS FOR OUTREACH, ASSESSMENT, INFORMATION, REFERRAL AND HOUSING ASSISTANCE TO QUALIFIED MARIEL REFUGEES BEING RELEASED FROM FEDERAL DETENTION, IN AN AMOUNT NOT TO EXCEED $225,474, CONSISTING OF A GRANT AWARD FROM THE STATE OF FLORIDA REFUGEE SERVICES PROGRAM THROUGH SOUTH FLORIDA WORKFORCE; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD FROM THE STATE OF FLORIDA REFUGEE SERVICES PROGRAM AND TO EXECUTE ANY DOCUMENTS NECESSARY, TO IMPLEMENT ACCEPTANCE OF SAID GRANT AWARD. 05-00351-Memo.pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0225 Chairman Sanchez: Mr. Mayor. Sir, you're recognized for your item and then we'll move on. Mayor Manuel A. Diaz: Thank you, Mr. Chairman. This is a really quick item and I think it's good news. As you remember, I think, one or two meetings ago, we -- I came before you to talk about the issue of the former prisoners in our federal system who had arrived to the States from Mariel and who were being released, according to an order of the court, and we cranked it up right away, right after that meeting. The Manager assigned some people. We've met with numerous agencies from around the City, the County and the State. This item before you, which you have a memo from the Manager and a resolution that's been prepared is a -- one aspect of what we've been trying to do is this is an award of 225 -- over $225, 000 to assist us in our efforts, in terms of outreach assessment, information referral. I want to personally commend Ricardo Gonzalez, our NET (Neighborhood Enhancement Team) Director and Brad Simon, from our homeless assistance program, who have really taken the lead. There were other agencies that wanted these funds and because of our early and efficient work, we were awarded this money, and this will help a long way in terms of the kinds of issues that we're all concerned with, with respect to this particular population, andl ask for your approval. Commissioner Winton: So moved. City of Miami Page 119 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Chairman Sanchez: All right. Vice Chairman Gonzalez: Second. Chairman Sanchez: The resolution has been presented. There is a motion by Commissioner Winton, second by Vice Chairman Gonzalez on the item. 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. Congratulations, Mr. Mayor. NA.5 05-00341 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING SOUTHWEST 14TH STREET FROM SOUTHWEST 27TH AVENUE TO SOUTHWEST 31 ST AVENUE, MIAMI, FLORIDA, AS "TWO HEARTS WAY;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. Motion by Commissioner Regalado, 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-05-0242 Chairman Sanchez: Commissioner Regalado, you have a pocket item. Commissioner Regalado: Yes, sir. Thank you. Pocket item, resolution of the Miami City Commission codesignating Southwest 14th Street from Southwest 27th Avenue to Southwest 31 st Avenue, Miami, Florida, as Two Hearts Way; directing the City Manager to instruct the director of Public Works to transmit a copy of this resolution to the designated office. This is at no impact to the City. The residents already have paid the signs to the County, but we do need to send this to Public Works so they authorize for the signage. Chairman Sanchez: All right. Commissioner Allen: This is -- so the -- Vice Chairman Gonzalez: That's a motion? Commissioner Regalado: Huh? That's a motion. Vice Chairman Gonzalez: Second. Chairman Sanchez: There's a motion. Is there a second? Vice Chairman Gonzalez: Second. Chairman Sanchez: Second by Vice Chairman Gonzalez. It is open for discussion. Has this gone already to the Street -- Commissioner Regalado: Huh? City of Miami Page 120 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Chairman Sanchez: -- Codesign [sic] Committee? Commissioner Regalado: Yeah, already went there. Chairman Sanchez: OK. Commissioner Regalado: No. We send it, they approved it. They -- the people paid the -- Commissioner Allen: Right. Commissioner Regalado: -- fees to the County and we just need to -- Two Hearts Way, it's a (UNINTELLIGIBLE). Commissioner Winton: To who? Commissioner Regalado: (UNINTELLIGIBLE). Commissioner Winton: Oh, OK. Chairman Sanchez: All right. Commissioner Regalado: That is on that street. Chairman Sanchez: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. NA.6 05-00359 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING DEEPEST SYMPATHY AND SINCEREST CONDOLENCES ON BEHALF OF THE CITY OF MIAMI AND ITS CITIZENS TO THE FAMILY AND FRIENDS OF FATHER ANGEL VILLARONGA UPON HIS UNTIMELY DEATH. Motion by Commissioner Regalado, 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-05-0254 A motion was made by Commissioner Winton, seconded by Vice Chairman Gonzalez, and was passed unanimously, to adjourn today's Commission meeting. Chairman Sanchez: Any other pocket items? Commissioner Allen? Commissioner Regalado: Just -- Mr. Chairman -- Commissioner Allen: No pocket items. Commissioner Regalado: -- a resolution, I think it's in order of the City ofMiami Commission in behalf of the residents ofMiami to communicate to the family of Father Angel Villaronga our condolences. He died in a traffic accident in Allapattah last Tuesday night, and the good thing about Father Angel Villaronga is that all the work he did, he did it in the City ofMiami, in Gesu City ofMiami Page 121 Printed on 5/26/2005 City Commission Verbatim Minutes April 14, 2005 Church, in Saint Robert Bellarmine, Saint Raymond, the Centro Hispano Catolico, and he lived a very powerful life helping people, so it is fitting that, in behalf of the residents, we send our condolences to the family. Chairman Sanchez: All right. There's a motion. Is there a second? Vice Chairman Gonzalez: Second the item. Chairman Sanchez: Second by Vice Chairman Gonzalez. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Mr. City Manager, Madam Clerk, if we could have that proclamation of condolence -- a resolution of condolence to be presented to the family, signed by all the Commissioners and the Mayor. Thank you so much. Any other pocket items to be heard? If not, Madam Clerk, is there any items that we failed to -- Priscilla A. Thompson (City Clerk): No, sir. Commissioner Winton: Move to adjourn. Chairman Sanchez: Having none, there is a motion to adjourn. Is there a second? Vice Chairman Gonzalez: Second. Chairman Sanchez: Second by Vice Chairman Gonzalez. There's a motion by Commissioner Winton. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Thank you very much. Thank you for your support, as we continue -- Commissioner Allen: Thank you. Chairman Sanchez: -- to leave here before 5 o'clock every Commission meeting. Thank you so much. Good evening. City of Miami Page 122 Printed on 5/26/2005