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.
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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.
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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
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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.
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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."
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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
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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.
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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,
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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.
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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
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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
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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,
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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
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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.
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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.
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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.
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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
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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
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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
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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
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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?
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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
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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
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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.
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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
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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 --
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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.
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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 --
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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
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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
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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.
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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
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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.
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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.
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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
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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.
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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.
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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.
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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?
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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
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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 --
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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 --
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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.
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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.
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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. --
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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
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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 --
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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 --
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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
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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?
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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 --
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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
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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 --
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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.
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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 --
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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
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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.
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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.
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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
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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
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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.
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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?
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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
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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
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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
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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
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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
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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.
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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 --
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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.
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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
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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.
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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 --
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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
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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
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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
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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.
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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.
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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.
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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
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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.
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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?
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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
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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.
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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.
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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
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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.
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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.
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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?
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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
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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.
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