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HomeMy WebLinkAboutCC 2003-01-09 MinutesMINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 9th day of January 2003, the City Commission of Miami, Florida, met at the Manuel Artime Center, 900 Southwest 1st Street, Miami, Florida in regular session. The meeting was called to order at 9:14 a.m. by Chairman Johnny L. Winton, with the following members of the Commission found to be present: Commissioner Angel Gonzalez (District 1) Chairman Johnny L. Winton (District 2) Commissioner Joe Sanchez (District 3) Commissioner Tomas Regalado (District 4) Vice Chairman Arthur E. Teele, Jr. (District 5) (9:40 a.m.) ALSO PRESENT: City Manager Carlos Gimenez City Attorney Alejandro Vilarello City Clerk Priscilla A. Thompson Assistant City Clerk Sylvia Scheider 1 January 9, 2003 1. PRESENTATIONS & PROCLAMATIONS CERTIFICATES OF APPRECIATION TO SAL' S ABATEMENT CORP. AND QUALITY WINDOW. COMMENDATIONS TO WYNWOOD/EDGEWATER NET COMMANDER AND PROBLEM SOLVING TEAM: COMMANDER GEORGE CADAVID, SERGEANT CONFESOR GONZALEZ, OFFICER THOMAS CARROLL, OFFICER JOSEPH FLERES, OFFICER ALBERT GUERRA, OFFICER JOEL PEREZ, AND OFFICER ANTONIO MIGUELEZ. COMMENDATIONS TO WYNWOOD/EDGEWATER RESOURCE OFFICERS:_OFFICER WILIAM LOPEZ AND OFFICER AQUILES CARMONA Chairman Winton: Fellow Commissioners, good morning. Happy New Year. Hope you all had a great holiday season, had a productive season, had a happy holiday season and, Commissioner Sanchez, hope you didn't get into too much trouble during the holidays. If we could, Commissioner Teele is stuck at the bridge, so if you don't mind, I'd like to get a couple of the items out of the way before we get to the full agenda, so with that, Commissioner Regalado, would you mind giving the invocation, and Commissioner Sanchez will do the pledge. An invocation was delivered by Commissioner Regalado, after which Commissioner Sanchez led those present in a pledge of allegiance to the flag. Chairman Winton: And I promise, this will not be my MO (mode of operation), and it was just coincidence; it wasn't by design, but I have some proclamations I'm going to give out this morning. Presentations made. Chairman Winton: And, apparently, there are no mayoral vetoes, and I guess the agenda item, we need to approve the minutes of the regular meeting of June 14th, July 10th, August 9th -- Commissioner Sanchez: So moved, Mr. Chairman. Chairman Winton: -- and September 17th. We have a motion. Commissioner Gonzalez: Second. Chairman Winton: Got a motion and a second. Discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. 2 January 9, 2003 2. CONSENT AGENDA. Chairman Winton: The consent. We need a motion -- does anyone have any consent agenda items that they want pulled or to be discussed? If there are not, then I would entertain a motion on the consent agenda. Commissioner Sanchez: So moved. Chairman Winton: We have a motion -- Commissioner Gonzalez: Second. Chairman Winton: -- and a second on consent agenda. Further discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Opposed, like sign. Motion carries. NOTE FOR THE RECORD: CODE SEC. 2-33 (J) STIPULATES THAT CONSENT AGENDA ITEMS THAT ARE REMOVED FROM THE AGENDA PRIOR TO CITY COMMISSION CONSIDERATION SHALL AUTOMATICALLY BE SCHEDULED AS A REGULAR AGENDA ITEM AT THE NEXT REGULARLY SCHEDULED MEETING OF THE CITY COMMISSION. THEREUPON, ON MOTION DULY MADE BY COMMISSIONER SANCHEZ AND SECONDED BY COMMISSIONER GONZALEZ, THE CONSENT AGENDA ITEMS WERE PASSED BY THE FOLLOWING VOTE: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None ABSENT: Vice Chairman Arthur E. Teele, Jr. 3 January 9, 2003 2.1 ACCEPT BID OF BISCAYNE-HAVANA FIRE AND SAFETY, INC., FOR PURCHASE OF FIREFIGHTING HOSES AND ATTACHMENTS FOR DEPARTMENT OF FIRE RESCUE, TOTAL CONTRACT VALUE $86,412. RESOLUTION NO. 03-1 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF BISCAYNE-HAVANA FIRE AND SAFETY, INC., FOR THE PURCHASE OF FIREFIGHTING HOSES AND ATTACHMENTS FOR THE DEPARTMENT OF FIRE RESCUE, ON AN AS -NEEDED CONTRACT BASIS, FOR A PERIOD OF ONE YEAR, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $28,804, FOR A TOTAL CONTRACT VALUE OF $86,412; ALLOCATING FUNDS FROM ACCOUNT CODE NOS. 001000.280601.6.709 AND 001000.280701.6.709, SUBJECT TO BUDGETARY APPROVAL. 2.2 RESCIND RESOLUTION NO. 02-1041 AND BID AWARDED TO HPI INTERNATIONAL, INC.; ACCEPT BID OF PITMAN PHOTO, INC. FOR PROCUREMENT OF POLAROID FILM TO BE UTILIZED BY VARIOUS USER DEPARTMENTS AND AGENCIES CITYWIDE,; ALLOCATE FUNDS FROM INDIVIDUAL DEPARTMENTAL ACCOUNTS OF VARIOUS USER DEPARTMENTS AND AGENCIES. RESOLUTION NO. 03-2 A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION NO. 02-1041 AND THE BID AWARDED TO HPI INTERNATIONAL, INC. PURSUANT TO SAID RESOLUTION; FURTHER ACCEPTING THE BID OF PITMAN PHOTO, INC. FOR THE PROCUREMENT OF POLAROID FILM TO BE UTILIZED BY VARIOUS USER DEPARTMENTS AND AGENCIES CITYWIDE, ON AN AS -NEEDED CONTRACT BASIS FOR A ONE-YEAR PERIOD WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM INDIVIDUAL DEPARTMENTAL ACCOUNTS OF VARIOUS USER DEPARTMENTS AND AGENCIES, SUBJECT TO BUDGETARY APPROVAL. 4 January 9, 2003 2.3 AUTHORIZE ALLOCATION OF $53,050, TO DADE COUNTY ASSOCIATION OF CHIEFS OF POLICE COURT OVERTIME REDUCTION PROJECT FROM LOCAL LAW ENFORCEMENT BLOCK GRANT VII PROGRAM. RESOLUTION NO. 03-3 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $53,050, TO THE DADE COUNTY ASSOCIATION OF CHIEFS OF POLICE COURT OVERTIME REDUCTION PROJECT FROM THE LOCAL LAW ENFORCEMENT BLOCK GRANT VII PROGRAM, ACCOUNT CODE NO. 142023.290539.6.270; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 2.4 AUTHORIZE MANAGER TO ACCEPT TWENTY-FOUR DEEDS OF DEDICATION FOR HIGHWAY PURPOSES. RESOLUTION NO. 03-4 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT TWENTY-FOUR (24) DEEDS OF DEDICATION FOR HIGHWAY PURPOSES AND APPROVING AND AUTHORIZING THE RECORDATION OF SAID DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 5 January 9, 2003 2.5 AUTHORIZE MANAGER TO ENTER INTO PROFESSIONAL SERVICES AGREEMENT WITH FLORIDA INTERNATIONAL UNIVERSITY -METROPOLITAN CENTER, $59,500, TO CONDUCT TARGET INDUSTRY STUDY OF FEC CORRIDOR TO SUPPORT IMPLEMENTATION OF FEC RAILWAY CORRIDOR STRATEGIC REDEVELOPMENT PLAN; ALLOCATE FUNDS FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS PROGRAM INCOME FOR STUDY. RESOLUTION NO. 03-5 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FLORIDA INTERNATIONAL UNIVERSITY -METROPOLITAN CENTER, IN AN AMOUNT NOT TO EXCEED $59,500, TO CONDUCT A TARGET INDUSTRY STUDY OF THE FEC CORRIDOR TO SUPPORT THE IMPLEMENTATION OF THE FEC RAILWAY CORRIDOR STRATEGIC REDEVELOPMENT PLAN ADOPTED BY THE COMMISSION JUNE 13, 2002; ALLOCATING FUNDS FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS PROGRAM INCOME FOR THE STUDY AS AUTHORIZED PURSUANT TO RESOLUTION NO. 02-1120. 2.6 AUTHORIZE MANAGER TO EXECUTE LEASE AGREEMENT WITH JUSTICE INVESTMENT ASSOCIATES, LTD. FOR USE OF 2,585 SQUARE FEET OF PROPERTY LOCATED AT 155 SOUTH MIAMI AVENUE FOR PURPOSE OF PROVIDING OFFICE SPACE FOR OFFICE OF PROFESSIONAL COMPLIANCE WITH MONTHLY FEE OF $2,940.44 PLUS $90.00 PER PARKING SPACE FOR SIX SPACES. RESOLUTION NO. 03-6 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH JUSTICE INVESTMENT ASSOCIATES, LTD. FOR USE OF APPROXIMATELY 2,585 SQUARE FEET OF OFFICE SPACE LOCATED AT 155 SOUTH MIAMI AVENUE, PH 1-B, MIAMI, FLORIDA, FOR THE CIVILIAN INVESTIGATIVE PANEL, FOR A FIVE-YEAR PERIOD WITH THE OPTION OT RENEW FOR AN ADDITIONAL FIVE-YEAR PERIOD, WITH AN INITIAL MONTHLY FEE OF $2,940.44 ($13.65/SF) AND A $15.00 CHARGE PER HOUR FOR OVERTIME AIR CONDITIONING USAGE; PLUS $90 PER MONTH FOR EACH OF SIX PARKING SPACES, AND AT ALL TERMS AND CONDITIONS SET FORTH IN THE LEASE AGREEMENT; ALLOCATING FUNDS FROM ACCOUNT INDEX CODE NO. 001000.830101. 6 January 9, 2003 2.7 AUTHORIZE MANAGER TO EXECUTE LEASE AGREEMENT WITH STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, FOR CITY'S USE OF FLORIDA'S RIGHT-OF-WAY PARCELS 102 AND 106, LOCATED ON SOUTH SIDE OF WATSON ISLAND TO PROVIDE SURFACE LEVEL PARKING FOR TENANTS AND GENERAL PUBLIC AND LANDSCAPING AREA FOR MIAMI CHILDREN'S MUSEUM, ANNUAL RENT OF $1.00. RESOLUTION NO. 03-7 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE CITY'S USE OF FLORIDA'S RIGHT-OF-WAY PARCELS 102 AND 106, LOCATED ON THE SOUTH SIDE OF WATSON ISLAND, MIAMI, FLORIDA, TO PROVIDE SURFACE LEVEL PARKING FOR THE TENANTS AND GENERAL PUBLIC AND A LANDSCAPING AREA FOR THE MIAMI CHILDREN'S MUSEUM, AT AN ANNUAL RENT OF $1.00, UNTIL SUCH TIME THERE IS A TRANSPORTATION NEED FOR SAID PARCELS AND PURSUANT TO ALL TERMS AND CONDITIONS SET FORTH IN THE LEASE AGREEMENT. 2.8 AUTHORIZE MANAGER TO EXECUTE AMENDMENT NO. 2, TO MANAGEMENT AGREEMENT WITH SHAKE -A -LEG MIAMI, INC., TO INCREASE CITY'S CONTRIBUTION FOR CONSTRUCTION OF INITIAL IMPROVEMENTS, $400,000, FROM $498,000 TO $898,000; ALLOCATE FUNDS FROM SERIES 99 (3RD YEAR) SAFE NEIGHBORHOOD PARK BOND FUNDS. RESOLUTION NO. 03-8 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2, TO THE MANAGEMENT AGREEMENT DATED JULY 12, 2000 AS AMENDED, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SHAKE -A -LEG MIAMI, INC., TO INCREASE THE CITY'S CONTRIBUTION FOR CONSTRUCTION OF INITIAL IMPROVEMENTS, AS DEFINED IN THE MANAGEMENT AGREEMENT, IN AN AMOUNT NOT TO EXCEED $400,000, FROM $498,000 TO $898,000; ALLOCATING FUNDS FROM SERIES 99 (3RD YEAR) SAFE NEIGHBORHOOD PARK BOND FUNDS. 7 January 9, 2003 2.9 AUTHORIZE MANAGER TO EXTEND AGREEMENT WITH CATERING BY DAVID LYNN, INC., TO PROVIDE FOOD AND BEVERAGE CONCESSION SERVICES FOR ORANGE BOWL STADIUM FOR A ONE-YEAR PERIOD UNTIL ORANGE BOWL ADVISORY COMMITTEE DEVELOPS NEW BUSINESS PLAN FOR LONG-RANGE FOOD AND BEVERAGE CONCESSION SERVICES AT STADIUM. RESOLUTION NO. 03-9 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXTEND THE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH CATERING BY DAVID LYNN, INC., TO PROVIDE FOOD AND BEVERAGE CONCESSION SERVICES FOR THE ORANGE BOWL STADIUM FOR A ONE-YEAR PERIOD, WITH AN OPTION TO EXTEND THE AGREEMENT ON A MONTH-TO-MONTH BASIS FOR AN ADDITIONAL ONE-YEAR PERIOD, UNDER THE SAME TERMS AND CONDITIONS SET FORTH IN THE EXISTING AGREEMENT, UNTIL THE ORANGE BOWL ADVISORY COMMITTEE DEVELOPS A NEW BUSINESS PLAN FOR LONG-RANGE FOOD AND BEVERAGE CONCESSION SERVICES AT THE STADIUM. 2.10 AUTHORIZE DIRECTOR OF FINANCE TO PAY TERESA ARDINES, $84,000, IN COMPLETE SETTLEMENT OF ALL CLAIMS AGAINST CITY FOR CASE OF TERESA ARDINES VS. CITY; ALLOCATE FUNDS FROM SELF-INSURANCE AND INSURANCE TRUST FUND. RESOLUTION NO. 03-10 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TERESA ARDINES, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $84,000, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, FOR THE CASE OF TERESA ARDINES VS. CITY OF MIAMI, IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA, MIAMI DIVISION, CASE NO. 02- 20096 -CIV -GOLD, 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. 8 January 9, 2003 2.11 AUTHORIZE ENGAGEMENT OF LAW FIRM OF LAURI WALDMAN ROSS, P.A., FOR REPRESENTATION OF CITY IN APPELLATE CASE, CITY V. ROBERT CASE ET. AL., $40,000, PLUS COSTS AS APPROVED BY CITY ATTORNEY. RESOLUTION NO. 03-11 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ENGAGEMENT OF THE LAW FIRM OF LAURI WALDMAN ROSS, P.A., FOR REPRESENTATION OF THE CITY OF MIAMI IN THE APPELLATE CASE, CITY OF MIAMI V. ROBERT CASE ET. AL., THIRD DISTRICT COURT OF APPEAL CASE NO. 3D00-2807, IN AN AMOUNT NOT TO EXCEED $40,000, PLUS COSTS AS APPROVED BY THE CITY ATTORNEY; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 515 001.624401.6.661. 2.12 AUTHORIZE CITY ATTORNEY'S CONTINUED ENGAGEMENT OF LAW FIRM OF LAURI WALDMAN ROSS P.A. TO DEFEND CITY IN ANY CHALLENGE TO CITY'S INTEREST IN ITS AGREEMENT (S) WITH RACEWORKS, LLC; ALLOCATE $25,000 PLUS COSTS AS APPROVED BY CITY ATTORNEY, FROM NON- DEPARTMENTAL/LEGAL SERVICES FUND FOR SUCH SERVICES. RESOLUTION NO. 03-12 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY'S CONTINUED ENGAGEMENT OF THE LAW FIRM OF LAURI WALDMAN ROSS P.A. TO DEFEND THE CITY OF MIAMI IN ANY CHALLENGE TO THE CITY'S INTEREST IN ITS AGREEMENT (S) WITH RACEWORKS, LLC; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $25,000 PLUS COSTS AS APPROVED BY THE CITY ATTORNEY, FROM THE NON-DEPARTMENTAL/LEGAL SERVICES FUND FOR SUCH SERVICES. 9 January 9, 2003 2.13 AUTHORIZE CONTINUED ENGAGEMENT OF LAW FIRM OF WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A., $100,000 PLUS COSTS AS APPROVED BY CITY ATTORNEY, FOR REPRESENTATION OF CITY IN CASE OF ROBERT M. JASINSKI, ET AL VS. CITY, CASE RELATED TO PARKING SURCHARGE; ALLOCATE FUNDS FROM SELF-INSURANCE AND INSURANCE TRUST FUND. RESOLUTION NO. 03-13 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONTINUED ENGAGEMENT OF THE LAW FIRM OF WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A., IN AN AMOUNT NOT TO EXCEED $100,000 PLUS COSTS AS APPROVED BY THE CITY ATTORNEY, FOR REPRESENTATION OF THE CITY OF MIAMI IN THE CASE OF ROBERT M. JASINSKI, ET AL VS. CITY OF MIAMI, CASE NO. 01-28889 CA (09), IN THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, A CASE RELATED TO THE DEFENSE OF THE CITY OF MIAMI PARKING SURCHARGE; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 515001.624401.6.661, FOR SAID SERVICES. 10 January 9, 2003 2.14 AUTHORIZ CONTINUED ENGAGEMENT OF LAW FIRM OF WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A., $100,000 PLUS COSTS AS APPROVED BY CITY ATTORNEY, FOR REPRESENTATION OF CITY IN CASES RELATED TO PARKING SURCHARGE ORDINANCE, INCLUDING: AMPCO SYSTEM PARKING, INC., ET AL. VS CITY, PARK A. PARTNERS, LTD., ET AL. VS CITY, AND PATRICK MCGRATH, III VS CITY; ALLOCATE FUNDS FROM SELF-INSURANCE AND INSURANCE TRUST FUND. RESOLUTION NO. 03-14 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONTINUED ENGAGEMENT OF THE LAW FIRM OF WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A., IN AN AMOUNT NOT TO EXCEED $100,000 PLUS COSTS AS APPROVED BY THE CITY ATTORNEY, FOR REPRESENTATION OF THE CITY OF MIAMI IN CASES RELATED TO THE DEFENSE OF THE CITY OF MIAMI PARKING SURCHARGE ORDINANCE, INCLUDING BUT NOT LIMITED TO: AMPCO SYSTEM PARKING, INC., ET AL. VS CITY OF MIAMI, CASE NO. 01-27582 CA (15), PARK A. PARTNERS, LTD., ET AL. VS CITY OF MIAMI, CASE NO. 01-20074 CA (06), AND PATRICK MCGRATH, III VS THE CITY OF MIAMI, CASE NO. 99-23765 CA (10), ALL IN THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 515001.624401.6.661, FOR SAID SERVICES. 2.15 AUTHORIZE CONTINUED ENGAGEMENT OF LAW OFFICES OF ROBERT S. GLAZIER FOR REPRESENTATION OF CITY IN VARIOUS APPELLATE MATTERS, $100,000, PLUS COSTS AS APPROVED BY CITY ATTORNEY; ALLOCATE FUNDS FROM VARIOUS SELF INSURANCE AND INSURANCE TRUST FUND ACCOUNTS. RESOLUTION NO. 03-15 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONTINUED ENGAGEMENT OF THE LAW OFFICES OF ROBERT S. GLAZIER FOR REPRESENTATION OF THE CITY OF MIAMI IN VARIOUS APPELLATE MATTERS IN AN AGGREGATE AMOUNT NOT TO EXCEED $100,000, PLUS COSTS AS APPROVED BY THE CITY ATTORNEY; ALLOCATING FUNDS FROM VARIOUS SELF INSURANCE AND INSURANCE TRUST FUND ACCOUNTS. 11 January 9, 2003 2.16 AUTHORIZE CONTINUED ENGAGEMENT OF LAW FIRM OF O' CONNOR, CHIMPOULIS, ET AL. FOR REPRESENTATION OF CITY IN CASE OF ANGEL ALVAREZ VS. CITY, ET AL. $25,000, PLUS COSTS AS APPROVED BY CITY ATTORNEY; ALLOCATE FUNDS FROM SELF-INSURANCE AND INSURANCE TRUST FUND. RESOLUTION NO. 03-16 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONTINUED ENGAGEMENT OF THE LAW FIRM OF O' CONNOR, CHIMPOULIS, ET AL. FOR REPRESENTATION OF THE CITY OF MIAMI IN THE CASE OF ANGEL ALVAREZ VS. CITY OF MIAMI, ET AL. IN THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO. 00 -2151 -CIV -JORDAN, IN THE AMOUNT OF $25,000, PLUS COSTS AS APPROVED BY THE CITY ATTORNEY; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 515001.624401.6.652, FOR SAID SERVICES. 2.17 AUTHORIZE DIRECTOR OF FINANCE TO PAY CARLA McKNIGHT, $49,000 IN COMPLETE SETTLEMENT OF ALL CLAIMS AGAINST CITY IN CASE OF CARLA McKNIGHT V. CITY; ALLOCATE FUNDS FROM SELF-INSURANCE AND INSURANCE TRUST FUND. RESOLUTION NO. 03-17 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY CARLA McKNIGHT, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $49,000 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 CARLA McKNIGHT V. CITY OF MIAMI V. CITY OF MIAMI, IN THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 01-8694 CA (13), 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. 515001.624401.6.651. 12 January 9, 2003 2.18 AUTHORIZE CITY ATTORNEY'S CONTINUED ENGAGEMENT OF GREENBERG TRAURIG, P.A. TO REPRESENT CITY IN MATTER OF TERMINATION OF EMPLOYMENT PROCEEDINGS AGAINST JESUS "JESSE" AGUERO, $25,000, PLUS COSTS AS APPROVED BY CITY ATTORNEY; AND ALLOCATE FUNDS FROM SELF-INSURANCE AND INSURANCE TRUST FUND. RESOLUTION NO. 03-18 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY'S CONTINUED ENGAGEMENT OF GREENBERG TRAURIG, P.A. TO REPRESENT THE CITY OF MIAMI IN THE MATTER OF TERMINATION OF EMPLOYMENT PROCEEDINGS AGAINST JESUS "JESSE" AGUERO, IN THE AMOUNT OF $25,000, PLUS COSTS AS APPROVED BY THE CITY ATTORNEY; AND ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 515001.624401.6.661, FOR SAID LEGAL SERVICES. 2.19 ACCEPT REPORT FROM CIVIL SERVICE BOARD. MOTION NO. 03 -19 A MOTION ACCEPTING A REPORT FROM THE CIVIL SERVICE BOARD. 2.20 ACCEPT REPORT FROM CITY MANAGER REGARDING COMMISSION DIRECTIVES. MOTION NO. 03-20 A MOTION ACCEPTING A REPORT FROM THE CITY MANAGER REGARDING COMMISSION DIRECTIVES. 3. DIRECT ADMINISTRATION TO HAVE READY AT CAPITAL IMPROVEMENT PROJECTS (CIP) WORKSHOP, FORM DETAILING IN COLUMNS: PROJECTS TO BE FUNDED BY HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BONDS; AMOUNT ORIGINALLY COMMITTED TO EACH PROJECT; AMOUNT OF FUNDS APPROPRIATED TO EACH PROJECT; FUNDS SPENT; FUNDS REMAINING; PROJECTS APPROVED BY BOND OVERSIGHT BOARD AND ALL PROJECTS ALREADY APPROVED BY COMMISSION. (See #59) Chairman Winton: Mr. Manager, do you have any items to be pulled form the regular agenda? Carlos A. Gimenez (City Manager): Yes, I do, sir. We want to withdraw Items 10, 19, 33 and 33A, and I'd like to have a little discussion on 10. 13 January 9, 2003 Chairman Winton: 10, 19, and what? Mr. Gimenez: 33 and 33A. Chairman Winton: And you'd like a discussion on what? Mr. Gimenez: On Item 10, and the reason we're withdrawing those items is that the administration would like -- would suggest and would like to have a bond workshop with the Commissioners with a couple of things in mind; number one, the allocation of the $28,000,000 that was not previously allocated in the bond workshop that we had the first time, and also to set priorities, on a Commission -wide basis, on all the projects, that way the administration will know exactly, through Commission action, which projects, you know, have the highest priorities of the Commission, and that way we can keep our eye on the ball and move these projects along. It doesn't mean that these priorities cannot change, but it would be changed later on, again, by Commission action. Chairman Winton: In addition to that, on both of those items, would -- if we -- when we have that workshop, I would like to make sure that, at the beginning of the workshop, staff bring a copy of a form that needs to be created that will allow us to have a very clear understanding of how this item ties directly back to the commitment we made to the voters. There's a form that has all of the items listed that adds up to the 255,000,000, so it ought to have probably that form and a column that lists all of those items, which says that, in this grid, column one, "approved by voters"; the second column probably ought to be the column that will identify the amount permitted in the first tranche, and then the third column is probably going to be something that may say funds -- "amount of funds appropriated," so it hits each of the appropriate line items, and a forth column would say "dollars spent," and a final column, "remaining funds," so that in one look, you can look at the whole picture from the day the voters passed -- and another column in there has to be "approved by Bond Oversight Committee," and so then you have a crystal clear look every time an item comes before this Commission that tracks everything that we committed to the voters and we all can look at it in two minutes and have a clear understanding of what appropriate steps have been taken and not, and then we can track this thing. Mr. Gimenez: Yes, sir. We would be ready to go with this meeting within two to three weeks, so if you'd like to set a date today, we'd appreciate it; that way we can target it. It could either be here or it could be back in the Knight Center, where we had the first workshop, and I think the faster we get this out of the way, the better that the administration can work and the faster you get your projects done. Chairman Winton: Well, why don't we all take a look at our schedules during the lunch break and remind me to bring this up when we -- immediately when we reconvene; we have a chance to look at our schedules, and we'll set a date then. Mr. Gimenez: Yes, sir. Commissioner Sanchez: Mr. Chairman, if I may. 14 January 9, 2003 Chairman Winton: Yes, sir. Commissioner Sanchez: Just to elaborate on what you stated a little bit. I'm all for it, I think a workshop is something that's going to be very, very good and it's going to basically clear out a lot of things that, you know, could be in question as to the process that we have established on the bond, but I want to make sure that the issues of the bond board, that they have gone through the bond board and, also, to make sure that in that report, you have the allocated portions and the appropriated portions that have already been approved by this legislative body to be in that report. Chairman Winton: Yeah, that's what I tried to say. In that same grid, you can have all these columns that identify all of those action steps so we can see on every single line item. Mr. Gimenez: Yes, sir. Chairman Winton: OK. Any other comments on that? 4. COMMENTS BY COMMISSIONER SANCHEZ ON PROPOSED GRANT TO CAMACOL (LATIN CHAMBER OF COMMERCE), $25,000, FROM UNUSED COMMUNITY DEVELOPMENT MICRO -LOAN FUNDS. (See #64) Commissioner Sanchez: If I can, one of the items today is Mr. Arturo Gordinas (phonetic) is returning $20,000 back from a project, CDC (Community Development Corporation. He has not been able to buy the property. Therefore, he's not going to be able to do the project. I think that we do have support from the administration and Community Development to allocate those $20,000 for CAMACOL (Latin American Chamber of Commerce) and that's -- later on, I will be entertaining a motion to take those $20,000 and turn it over to CAMACOL, so I just want to put it on the record that later on, maybe in the afternoon, I will present a motion instructing -- Chairman Winton: Fine. Commissioner Sanchez: -- CDC staff to do that. 5. COMMENTS ON PROPOSED REJECTION OF BIDS FOR PROFESSIONAL DESIGN SERVICES FOR FOUR NEW FIRE STATIONS (See #39, #58 & #60). Commissioner Winton: OK, next item. Tom Carlson: Excuse me. Chairman Winton: Yes, sir. Mr. Carlson: I have a question. Commissioner Winton: And who are you? 15 January 9, 2003 Mr. Carlson: My name is Tom Carlson. I'm with MC Harry Architects, an office here in Miami, regarding Item 33 and 33A. Am I understanding correctly that that's being pulled from the agenda? Commissioner Winton: It has been pulled, yes, it has. Carlos A. Gimenez (City Manager): Yes, it has, and I'll explain the action. I just signed a memorandum that has rejected all bids and it will go out again for a new bid, and the reason is, I was advised that although that contract was for the design of four fire stations, we only own two of the sites, so I think it was premature to go and have a contract for four fire stations when two of the sites, we don't even know what they are and what they look like, and then you have to design the station around the physical site, so that's going to go back out to bid. We'll probably go out to bid with a RFP (Request for Proposals) for the two fire stations that we actually own the land to, and then once we acquire the property for the two other fire stations, then we'll go out forbid for that. That's why I rejected the bids and that's going to go out again. Mr. Carlson: Thank you. 6. A RESOLUTION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVILIAN INVESTIGATIVE PANEL. Chairman Winton: Now, there's another item on our agenda, which is the Civilian Independent Review Panel. Commissioner Teele, I want to -- the Civilian Independent Review Panel nominations, I have not had an opportunity to thoroughly review the resumes. In fact, I've had no opportunity to thoroughly review the resumes. And so I would like to hear your comments. But my view is -- and the reason I'm bringing it up first thing in the morning, so that we can let people know right away -- but my view is, we ought to postpone any action on this item until the next Commission meeting. This is a very important next step, and I am not willing or comfortable making appointments until I've really read these resumes closely and understand who the players are. So, if there's no objection, I would like to move this item to the next Commission meeting, which I believe is the 23rd? The 23rd of January. Do you have any problems with that? Commissioner Regalado: Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Regalado: I just wanted to --I'm ready, but it's fine by me. I think the 24 people are people that deserve to be in that board. But how are we going to do this process? So, there are nine members appointed by the City Commission. So, it's one each -- Vice Chairman Teele: It's nine members (INAUDIBLE). Commissioner Regalado: I understand that. But how do we do the list? 16 January 9, 2003 Commissioner Sanchez: Well, if I can -- Mr. Chairman, if I may? Chairman Winton: Yes. Commissioner Sanchez: Just a suggestion. We could have five appointed by independent Commission, and then four, you know -- Chairman Winton: At large. Commissioner Sanchez: -- at large. Chairman Winton: You know, we have -- there's really only two choices here. You either do -- each of us get one and leave four at large. You do nine at large. And I'm comfortable with either of those processes. So, I think it's kind of here the will of the Commission, whether or not we would rather have an opportunity for each of us to appoint one, and the other four would be at large from us? Vice Chairman Teele: Mr. Chairman? Chairman Winton: Yes, sir. Vice Chairman Teele: I think we're all saying the same thing. I think the way the ordinance is written, though, and the statute -- the ordinance is written, what we would be saying is that each Commissioner would be afforded the opportunity to nominate one person. Chairman Winton: Well put. Vice Chairman Teele: We cannot appoint -- Chairman Winton: That's correct. Vice Chairman Teele: We'll each be afforded the opportunity to nominate one person. Then I think the remaining four should be subject to a ballot. Chairman Winton: Right. Very well put, Commissioner Teele. Thank you for the correction. All right. So, Commissioner Regalado, does that make sense to you? Commissioner Regalado: Yes, it does. Chairman Winton: All right. So, that's the way we'll move on the 23rd. Thank you. Vice Chairman Teele: Commissioner Winton, I have no objections, at all to this. The only concern that I have is this: This item is now 14 months old. Twelve months ago, in December, we committed to do this almost as an emergency item, with due dispatch, and I think the fact is that the City Commission has acted on this as quickly as possible. All of the delays -- I shouldn't even call them delays, because they're not delays. But all of the time that has been consumed has 17 January 9, 2003 been consumed in a very deliberate, a very professional, and a thoughtful process that has really come forth, I think, with a good panel of names. I mean, they're -- we can all criticize some issue, but it is a good panel of names. The only thing that I would caution the Commission on at this point is, I would hate to delay it or defer it. If you don't want -- if a Commissioner doesn't want to make the initial appointment now -- I mean, the initial nomination now, fine, but I don't - - and I'm not going to make one, if you don't make one. But the fact of the matter is, is that I think we need to be very mindful of the fact that we have an obligation. And we're a public. So, when we act, we act in public. What's gone on for one year nobody will ever know. But the press is liable to say, "Well, the Commission -- the big headline tomorrow could be, "Commission delays appointments." And that's what I'm really concerned about. Chairman Winton: Well, I understand that. However, you know -- and, frankly, I don't mind being criticized by the media. But, I mean, it's only two more weeks. And I think it fits perfectly in terms of your statement about appropriate and thorough deliberation. We won't make many bigger decisions. This is a big one. And so, you know, I'm not sure we gain much by making the one individual appointment today versus two weeks from now, is my opinion. Thoughts? Yes, sir. Commissioner Sanchez: I tend to agree with you. I really don't think this is a process that we could rush. I think that the blame cannot be put on this Commission. The process, itself, that has been established, the applicants that are in front of us, the resumes that have been given to us, I have not also had an opportunity to review. I think we would be making a mistake if we rush into this and just nominate, and appoint individuals, and we have not had an opportunity to sit down with -- remember, this is something that the voters wanted, this is something that we're looking forward to, and if we don't do it right, I think it has, you know, a long-term effect that may happen if we don't select the right people for this City. So, I am all for, you know, maybe not deferring it, but, you know, doing it in the next Commission meeting, and it will give us an opportunity to sit down and maybe interview some of the people in that panel. The selections that have come before us, I think there is diversity. There's representation from the entire community. These are very good people that would probably do a good job in the CIP program. But I think, you know, what we need to do is take our time with this, and sit down, and interview them and select the right people for that board. Chairman Winton: Commissioner Gonzalez. Commissioner Gonzalez: Yes. Mr. Chairman, I also happen to agree with you. And the fact is that I understand that some of the selecting -- some of the members of the Selecting Committee even wanted to be here at the time of the appointments. And the two persons that I appointed to the Selecting Committee called me to be here today, and I told him, no, to cancel it, because I had consulted with your office and your office said that you were not ready. And, in fact, I wasn't ready either to make a decision, because I haven't also been able to go through all the resumes. So, I agree to defer this for the next Commission meeting. But one thing that we should do is to try to make this a time certain, so we can have, you know, everybody here at the same time, and we don't have these ladies and gentlemen waiting for maybe three or four hours before they get to this. 18 January 9, 2003 Chairman Winton: I think a time certain makes some sense. A suggestion then? Vice Chairman Teele: Mr. Chairman. Commissioner Gonzalez: What about -- what time are we going to come back? Do you want to do it early in the morning or -- Chairman Winton: I think that's up to y'all. Probably afternoon. Commissioner Teele, did you say something? Vice Chairman Teele: I would like to move that the item relating to the CIP be heard and set for the next meeting, the 23rd, at 4:30 p.m., and that the process include the balloting, as defined by the City Attorney, of four names, with one name being nominated by each Commissioner. I would so move. Commissioner Sanchez: Second. Chairman Winton: We have a motion and a second. Commissioner Regalado: Second. Commissioner Sanchez: Commissioner Teele, can you amend that to make it 5:30? There are people that have to work would want to be here. Vice Chairman Teele: Five -thirty is fine. Five -thirty. Commissioner Sanchez: Five -thirty. Chairman Winton: Five -thirty? OK. So, we have a motion -- Commissioner Regalado: Excuse me. Excuse me. Chairman Winton: Yes, sir. Commissioner Regalado: Mr. Chairman, I don't quite understand the second part. And I really agree with Commissioner Teele on the balloting. But I have one question. One Commissioner nominates one person. That person, of course, would be approved by the board, maybe. Chairman Winton: Yeah, maybe. Right. Commissioner Regalado: If it gets -- Chairman Winton: We have to vote. Commissioner Regalado: But the four following appointments, would it be also chosen of names submitted by the Commissioners to the City Attorney, who will do the balloting? 19 January 9, 2003 Vice Chairman Teele: What I would propose -- I mean, we could do it any way the majority would like to do it, or the Chair would direct initially. But what I would propose is that we do the first round of one name per person voting after each name, or voting on all five the first round, which would be the best way -- fairest way to do it. Then, for the next four rounds -- for the next four, that we would have a nomination, and each Commissioner would nominate at least one person, and then we would vote among those names that are nominated, but to allow each Commissioner to nominate one -- Commissioner Regalado: Right. That's what I'm saying. Vice Chairman Teele: One or two people. Commissioner Regalado: Because I understand what -- Vice Chairman Teele: For the purpose of the balloting, so you can narrow it down. Commissioner Regalado: Right. Vice Chairman Teele: I mean, there's no need in voting on every name that's on a list. Let each Commissioner nominate at least one person, but not more than two people. Commissioner Regalado: Right. That's -- Chairman Winton: That's probably the fastest way to do it. Commissioner Regalado: That's the best way. Because I thought that you meant of the other names, to take the ballot. But that's the best way to do it. Chairman Winton: OK. Any -- I'm sorry. Yes, sir. Commissioner Gonzalez: Then we're going to appoint -- each one of us is going to appoint -- Chairman Winton: Each one of us will be afforded the opportunity to nominate a person at the beginning. We'll be afforded that opportunity. Then maybe they get voted on or not. Then, after those five are selected, we will each be afforded additional opportunity to nominate one more, but there's only four -- there's five of us and only four that we can accept, so we'll have to go through a voting process to pick four out of five. OK. Any other comments or questions on this issue? Thank you very much, then. We're back to the -- Vice Chairman Teele: I just would like to note for the record that the -- Chairman Winton: Oh, we need to vote on the motion, by the way. We have a motion and a second on the floor. Any further discussion? Being none, all in favor "aye." The Commission (Collectively): Aye. 20 January 9, 2003 Chairman Winton: Like sign opposed. The motion carries. The following motion was introduced by Vice Chairman Teele, who moved its adoption: MOTION NO. 03-21 A MOTION TO DEFER APPOINTMENTS TO THE CIVILIAN INVESTIGATIVE PANEL TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR JANUARY 23, 2003, AT A TIME CERTAIN OF 5:30 P.M.; FURTHER STIPULATING THAT THE COMMISSION MEMBERS WILL EACH NOMINATE ONE INDIVIDUAL AND VOTE BY BALLOT ON THE FOUR REMAINING AT -LARGE SEATS. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Chairman Winton: Yes, sir, Commissioner Teele. Vice Chairman Teele: The reason that we're in this box as a Commission, which is a good box, I think, was the motion that I made to afford the Mayor three votes -- three appointments. We could have, at that time, Mr. Mayor, done five and two, but we felt that for trying to reach diversity and some consensus, to give you more appointments. You would then be in a position to make the final three appointments, looking at diversity and all the other issues that you'd like to look at. Chairman Winton: Correct. OK. 7. DEFER PRESENTATION BY REPRESENTATIVE(S) FROM FAPDUSA (FERIA AGROPECUARIA PROVINCIAL DOMINICANA USA) CONCERNING EVENT TO TAKE PLACE AT JUAN PABLO DUARTE PARK FEBRUARY 2003. Chairman Winton: Next agenda item, number 2. We have a personally appearance, Mr. Sam Moore. Mr. Sam Moore here? Carlos A. Gimenez (City Manager): I don't believe he is. 21 January 9, 2003 Commissioner Sanchez: Mr. Chairman, I don't think Mr. -- Chairman Winton: He is or isn't? Mr. Gimenez: He's not. Commissioner Sanchez: No, he's not. Chairman Winton: OK, next item. Mr. Gimenez: I'd like to defer the next item until the next meeting. We have a problem. This -- the administration has not received the information from this individual concerning Police and Fire costs, so until we get together, we really can't give you a number on what this event is going to cost. Chairman Winton: So we're deferring number 3. 8. ACCEPT DONATION OF SEA -RAY CUTTY CABIN 28' POWERBOAT BY DR. PAUL PLASKI TO BE UTILIZED BY CITY'S PARKS AND RECREATION DEPARTMENT'S SAILING PROGRAM. Chairman Winton: And I guess that then takes us to our blue pages. Mr. Mayor, you have anything? It says -- your blue page is blank, so I guess that means no. Commissioner Gonzalez? Commissioner Gonzalez: No, sir Chairman Winton: I guess -- well, let me get -- Commissioner Sanchez? Commissioner Sanchez: No, sir. Chairman Winton: Commissioner Regalado? Commissioner Regalado: Yes, sir. Chairman Winton: It's all yours. Commissioner Regalado: Thank you Chairman Winton: And Commissioner Regalado, I may -- we have the HOPWA (Housing Opportunities for Persons Living with AIDS) thing at 10, so how long do you think your three will take, any idea? Commissioner Regalado: Not much. Chairman Winton: OK, fine. Then proceed, please. 22 January 9, 2003 Commissioner Regalado: First of all, I have an item to accept a donation for the City of Miami, and this is really important because the City of Miami Parks Department is getting a 28 -feet power boat, and this is a donation of Dr. Paul Plaski and the reason it's in this page is because about three years ago, a gentleman from the Grove contacted our office to donate a boat for the sailing program and we gladly accepted that, and the boat has been the lead boat in the sailing program for these years. He had a friend that wanted to do something with his boat and Dr. Plaski offered the boat with, of course, the condition that it would be used for the children, and the Parks Director, Mr. Rudder, have been working on this, and I think that this -- we're talking here about donation of several -- I mean, dozen thousands of dollars. I don't know, 50,000 or $60,000. Albert Ruder: Yeah. Albert Ruder, Parks Director. He's getting an appraisal, but it's over $50,000. We don't know the exact dollars yet, but it's going to be over $50,000. Commissioner Regalado: And for the purpose of information to the people, this boat will be like the signature boat for the sailing program of the Parks Department; is that -- Mr. Ruder: Yes. We have gone to see it; it's in great shape, and -- I mean, it's a great donation for us. Commissioner Regalado: And how are we going to use that? Mr. Ruder: Well, we use it for our sailing program as a chase boat. You know, obviously, when the kids go out there, they need supervision and heaven forbid there's an accident, this -- these type of boats help us in the supervision and it also can be used for other programs that we may develop in the future. Commissioner Regalado: OK. Mr. Chairman, I would like to move that the City of Miami Parks Department and the City of Miami will accept the donation of a Sea -Ray Cutty Cabin 28 -power boat to be utilized by the City of Miami Parks Department. Commissioner Gonzalez: Second. Commissioner Regalado: That's my motion. Chairman Winton: We have a motion and a second, and Mr. Ruder, that means the administration is in favor of this? Mr. Ruder: Definitely, yes, Chairman Winton: OK, thank you, so motion is -- Alejandro Vilarello (City Attorney): Mr. Chairman. Chairman Winton: Yes, sir. 23 January 9, 2003 Mr. Vilarello: That would be effective as of December 30, 2002 because the Manager accepted it subject to Commission approval. Chairman Winton: Which is probably important for tax considerations. Mr. Vilarello: Yes, sir. Chairman Winton: So, Mr. Chairman, does your motion include the fact that we're accepting this effective what date? Unidentified Speaker: December 30. Chairman Winton: December 30, 2002. Commissioner Regalado: December 30, right, because the letter of acceptance by the Manager went -- Chairman Winton: Right. Commissioner Regalado: -- to him before -- Chairman Winton: Before the end of the year. Mr. Ruder: Yeah, it's included in your package, the letter. Chairman Winton: Right. OK, we have a motion and a second. Further discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, oppose. Motion carries. 24 January 9, 2003 The following resolution was introduced by Commissioner Regalado, who moved for its adoption: RESOLUTION NO. 03-22 A RESOLUTION OF THE MIAMI CITY COMMISSION RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S ACCEPTANCE OF THE DONATION OF A 28 FOOT SEA -RAY CUTTY CABIN POWERBOAT FROM DR. PAUL PLASKI ON DECEMBER 30, 2002, TO BE USED FOR THE DEPARTMENT OF PARKS AND RECREATION SAILING PROGRAM. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 9. DIRECT MANAGER TO INSTRUCT ADMINISTRATION TO SEND CODE ENFORCEMENT NOTICES IN ENGLISH, SPANISH AND CREOLE. Commissioner Regalado: Mr. Chairman, I have also an item regarding the distribution of multi- lingual notices from the Code Enforcement Board. There are many members of the Code Enforcement Board who have come, I'm sure, to all the members of the Commission, because sometimes people do not understand; think that there is a fine, a lien or something, and I really believe -- and if you watch, as I do, the code enforcement proceedings in Net -9, you'll see that there are a lot of people from the Hispanic and Haitian community that do not understand what is going on in terms of why they were called there, or didn't understand the notice that they got, so -- and we have here Allyson Warren, who is a member of the Code Enforcement Board and I -- although I know we need to be brief, I would like Allyson, just very briefly, to say why the Board is in favor of having multi-lingual notice. Allyson Warren: Goods morning, gentlemen. Allyson Warren, 650 Northeast 82nd Terrace. I've been a member of the Code Enforcement Board for several years now and we -- as you all know, we have many, many members of the community who does speak very good English; some who speak none, and I'm also -- I also work in the court system, and most of you know that notices -- a summons to appear in the courts is required to be in three languages. 25 January 9, 2003 Chairman Winton: Which three? Ms. Warren: English, Spanish, and French or Creole. Commissioner Sanchez: Creole. Chairman Winton: OK, so do we have a recommendation? Ms. Warren: To do notices in that fashion, because when somebody gets a letter in English summoning them to appear before the Code Enforcement Board and -- Chairman Winton: OK. We -- excuse me. Sorry, Allyson. Ms. Warren: Sorry. Chairman Winton: So we have a recommendation from the Code Enforcement Board, and I think we all get it, to post these notices in English, Spanish and Creole. Commissioner Regalado: No, not post, send. Chairman Winton: That's what I meant, send, so do we have a motion from someone up here? Commissioner Regalado: I have a motion, Mr. Chairman -- Commissioner Sanchez: Second. Commissioner Regalado: -- to request the administration to start working on sending code enforcement notices in three languages. Chairman Winton: To direct the administration -- Commissioner Regalado: Right. Chairman Winton: -- I'm told, so -- Commissioner Regalado: OK, that would be my motion. Commissioner Sanchez: Second. Chairman Winton: We have a motion and a second by Commissioner Sanchez. Do we have any further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, oppose. Motion carries. 26 January 9, 2003 The following resolution was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 03-23 A MOTION DIRECTING THE CITY MANAGER TO INSTRUCT THE ADMINISTRATION TO SEND CODE ENFORCEMENT NOTICES IN ENGLISH, SPANISH AND CREOLE. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Chairman Winton: Thank you Allyson very much. Ms. Warren: Thank you. 10. DIRECT CITY ATTORNEY TO RESEARCH WHETHER OR NOT IT WOULD BE FEASIBLE FOR CITY TO ESTABLISH INDEPENDENT WORKFORCE PROGRAM UTILIZING FUNDING THAT CURRENTLY GOES TO SOUTH FLORIDA WORKFORCE CONSORTIUM. Commissioner Regalado: Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Regalado: I have another item, but I understand that you want to do a time certain, so if you want, I can do this in the afternoon sometime because it's almost 10 o'clock. Chairman Winton: Is this a long item or a short one? Commissioner Regalado: No, I think it will be short, I think. Chairman Winton: Go ahead. Commissioner Regalado: Well, it's about the discussion of the possibility of establishing an independent City of Miami Workforce program. I have some information that concerns the City 27 January 9, 2003 regarding, first of all, their differences between the local Workforce director and the State on what -- on the steps that were taken and announced in front of this Commission the last meeting, and second, there is the possibility of the Workforce, that that is being audited at this moment to have some kind of problems and the City of Miami will be liable for that problem, so I just wanted to warn the members of the Commission that we may need to consider to establish an independent City of Miami Workforce because we have many needs throughout the City and we have the possibility, the real possibility of having either an independent Workforce or getting a Workforce with the City of Hialeah, for instance, to take care of the needs of the resident. I just want the City Attorney to tell us if this is possible and what would be the time table, and there is no action today, but I'm just telling you that there might be a need to think more this kind of action. I just want -- Chairman Winton: So what you're directing, Commissioner Regalado, is you're directing the City Attorney to look into -- Commissioner Regalado: Right. Chairman Winton: -- the legality and processes by which we may be able to establish -- Commissioner Regalado: Right. Chairman Winton: -- our own Workforce Development -- Commissioner Regalado: Right. Chairman Winton: -- team and utilizing the funding that now goes to the South Florida Workforce Consortium. Commissioner Regalado: To go directly to the City of Miami. Chairman Winton: OK, so Mr. City Attorney, could you look into that? Alejandro Vilarello (City Attorney): Yes, sir. Chairman Winton: And Commissioner Regalado, I would tell you that -- and it's funny in this job because sometimes you're told things that aren't right, but I remember a very clear discussion -- same discussion that Commissioner Teele had -- where one of our staff members said in a meeting in my office that we could and I started off down that path; brought a motion to you all to talk about it, and found out subsequently that we couldn't, so I think that the answer is we can't, but I think the right thing to do is what you're doing, and that's direct the City Attorney to review this very thoroughly and come back to us with his findings. Vice Chairman Teele: I can tell you this, given the current size of the City of Miami, 360, 70,000 people, it's going to be very difficult, if not impossible, to do. However, the fastest and cleanest way to do this is for the City to annex to its boundaries and become a major City. 28 January 9, 2003 Chairman Winton: 500,000. Vice Chairman Teele: And at 500,000, you have more CD (Community Development) dollars; you have -- all of the federal legislation relates to counties and cities of over 500,000. Chairman Winton: So, there you -- Vice Chairman Teele: And so, you know, we've got this boundaries thing that's moving, I would assume, and that's not the issue, but I think, at the end of the day, you're going to be very frustrated to find that the law that's passed by Congress gives the mayor of Dade County or the mayor of each county the general jurisdiction over these and you can either opt in or opt out, but the dollars go to the county and to cities of 500,000. Chairman Winton: OK, so any other discussion on this point? Commissioner Regalado: No, just that I think that there is a deadline, which is the last day of March; is that -- Alejandro Vilarello (City Attorney): That's approximately correct. It's 90 days before the end of the fiscal cycle. Chairman Winton: So, Mr. City Attorney, you can be back to us before then? Mr. Vilarello: Certainly. Chairman Winton: OK. Thank you very much. Commissioner Regalado: Thank you. 11. AMENDING RESOLUTION 02-777, ADOPTED JULY 8, 2002, RELATING TO FUNDING FOR THE 2002-2003 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDES ("HOPWA") PROGRAM. Chairman Winton: Commissioner Teele, anything on your blue pages? Vice Chairman Teele: Just three requests of the City staff. Chairman Winton: Oh, I'm sorry. I'm sorry. I'm sorry, Commissioner Teele. We need to go to HOPWA (Housing Opportunities for Persons Living with AIDS), because it's a -- Vice Chairman Teele: I thought it was 10:00. Chairman Winton: It is. And isn't it 10? Vice Chairman Teele: Five till 10. 29 January 9, 2003 Chairman Winton: I have five after 10. Vice Chairman Teele: Why is that clock slow? Chairman Winton: I can't even see that clock. Oh, there itis. Carlos Gimenez (City Manager): So, actually, that clock is slow. It's a little bit after 10:00 already. Chairman Winton: So, if you don't mind, I'll come back to your blue pages and mine. Yes, ma'am. Barbara Rodriguez (Assistant Director, Community Development): Item 4. Chairman Winton: Item number -- Item 4, yes. Vice Chairman Teele: Public hearing. Ms. Rodriguez: Barbara Rodriguez, Department of Community Development. December 12th we brought this item to the Commission and the Commissioners directed the Department of CD (Community Development) to work with the community and any other Partnership, Housing Committee, to come back and make a presentation, determine what were the needs. We did do that. We did a public hearing December 17th. We met with the Housing Committee of the Partnership on December 19th. The Partnership, through the Housing Committee made a motion, requesting from the City to do a new assessment and to do an RFP (Request for Proposal) coming up. We have agreed. We have also agreed that there is a need to have more public comments. We will continue working with them. There were a lot of issues raised. We know the issues. We will work with them in the coming year. However, you have an item in front of you that we are recommending three agencies that do not have a contract right now with the City. They will be serving South Dade, Overtown, and North Miami. It will be a nine-month contract. The City administration feels that there is a need. It is not fair to have clients come all the way from South Dade to our office, which is approximately 30 or 40 miles. The people of Overtown that are being serviced by greater Miami -- by Greater Bethel, they should continue serving those clients, and Center for Positive Connections to serve the people in North Miami. These will be nine-month contracts, extending it to September 30th. We will do a needs assessment. We will do an RFP for the New Year. We will not do no new contracts until this process is over. We will continue working with the community, with the Partnership, with the Housing Committee, and AIDS of Washington, which is one of the consultants that HUD (Department of Housing and Urban Development) has given us. And it is a public hearing, and - - any comments? Chairman Winton: So, we're ready for the public hearing side of this? This is a public hearing and we will hear the public at this point in time. Madam City Clerk, you need to, I guess, swear in those -- Vice Chairman Teele: No. 30 January 9, 2003 Chairman Winton: No, we don't have to? Priscilla Thompson (City Clerk): We would just ask that individuals make sure they sign in before they speak. We have someone right there. They don't have to be sworn in. Chairman Winton: OK. Thank you. Yes, sir. Your name and address, please. Franklyn Zavala: My name is Franklyn Zavala, from Center of Independent Living of South Florida, 501 Northeast 1st Avenue, in Miami. I'm a director of Development. I'm also a member of Partnership, and also former member of HOPWA, when we had HOPWA Board before it was disbanded. The reason why I'm here at the public meeting -- and I support what the City recommendation before you and to go ahead and forward. However, the County made a mistake in the last housing meeting. They're saying that we cannot deal with recommendation. But according to the ordinance that I passed among you, that you could see that, yet, City of Miami, according to the bylaws, making recommendation for service (INAUDIBLE) through our bylaw, making recommendation for service providers, including housing, and housing opportunity people with AIDS. There was kind of a mistake that the County did, but however it's been corrected and we need to go ahead and forward. There are other people who may be speaking against other agencies, but I, myself, being a person living with AIDS and a person with other disabilities, who is hearing impaired and a spokesperson for people with disability, and also have a litigation with the City to deal with the compliance to ADA (Americans with Disabilities Act) and you're much aware of that already. So, therefore, I support and therefore I would say that other people may be speaking against it, but they're not speaking for everybody, their needs. Chairman Winton: So, your statement is, you're supporting the staff s recommendation here? Mr. Zavala: That is correct. That's my statement. That I support the staff s recommendation, but also would like you to be aware as what the ordinance means to the Partnership so it won't be a misunderstanding whatsoever. Chairman Winton: Thank you very much. Mr. Zavala: Thank you. Chairman Winton: And I'd like to hold all the public comments to a maximum of two minutes each, so I hope y'all have a timer going. Next person would like to speak. Anyone else from the public like to speak on this issue? Anyone else from the public like to speak on this issue? Yes, sir. Your name and address, please. Isaac Salver: My name is Isaac Salver. I happen to be a councilman in the town of Bay Harbor Island. Commissioners, thanks for listening to me on this very, very important issue. Sherry Kaplan, who happens to be a friend of mine, the Executive Director of the Center of Positive Connections, told me that her original grant from the City of Miami was cancelled a couple months ago. And as you're considering this current agenda item, I would very much request that 31 January 9, 2003 you consider the center for Positive Connections for this grant, what they're asking for. The impact that they've had over the last 10 -- 8 to 10 years on the community has been -- Chairman Winton: Commissioner, I think that -- let me find the answer to the question. Is that recommended for funding? Ms. Rodriguez: That's one of the agencies being recommended. Chairman Winton: OK. Mr. Salver: OK. Commissioner Sanchez: That answers your question. Mr. Salver: Go ahead, Commissioner Sanchez. Commissioner Sanchez: No. That answered your question. They're being recommended for funding. Chairman Winton: Yes, they are being recommended for funding in this nine-month cycle. Mr. Salver: OK. Wonderful. So, if you can go along with that, we definitely appreciate it. Chairman Winton: Thank you, Mr. Commissioner. Anyone else in the public like to comment on this item? OK. Being none, we will close the -- Commissioner Sanchez: No, there's -- Chairman Winton: Anyone who would like to speak on this item, please come to the microphone and line up so that we can move this along. Yes, ma'am. Your name and address, please. Lucille Gadlin: Hi, my name is -- greetings. My name is Lucille Gadlin. I am a PWA (Person with AIDS) for 20 years. I understand that these agencies want the money for their house so AIDS patients can't be traveling so far. But I am concerned due to the fact that it should go through the processes, because it's other agencies out there and it should -- other agencies should have the opportunity to come forward and make a bidding for it and go through that needs assessment, not just these three agencies particular. Thank you. Chairman Winton: Thank you. Anyone else from the public like to comment? Please -- anyone else -- Rick Saclari: Good morning. My name is Rick Saclari. I'm the Executive Director of Care Resource, which is one of the three agencies that was slated to receive this funding. I'm really here this morning to make two very simple points. The first is that I absolutely support Barbara and the City's efforts to collaborate with Housing Committee and the Partnership in a joint 32 January 9, 2003 planning and needs assessment process that I think, in the end, will tell us a lot more about the best way to serve these clients in a community-based setting. Second, and however, I believe that the RFP process is not something I'm here to comment on today. Such as it may have been, it provides a unique opportunity for agencies like ours to be able to see these clients in a community-based setting, where truly they will have access to linkage, to other services, and other needs they may have and, therefore, what I believe will be much more effective service. And I think it will not be in the interest of people with HIV/AIDS to delay that process another nine months while this planning concurs. I think, in addition, dissemination of those funds -- Vice Chairman Teele: I'm a little confused. I'm a little confused. I thought you recommend not to delay and to continue the funding for those three? Mr. Saclari: Yes. Ms. Rodriguez: That's correct. We're saying to fund them through September 30. At the same time -- Vice Chairman Teele: And you're objecting to that? Mr. Saclari: No, I'm essentially supporting it. I'm supporting it. Vice Chairman Teele: Are you paid by the agency? Mr. Saclari: I'm the Executive Director. Yes. Vice Chairman Teele: Are you paid by the agency? Mr. Saclari: Yes. Vice Chairman Teele: All right. OK. Chairman Winton: OK. Vice Chairman Teele: Is there anybody else here to speak? Is there anybody in opposition to this recommendation? That's what we really need to hear. Mark Cohen: No, not in opposition. Chairman Winton: Name and address. Vice Chairman Teele: Would you hold on for a minute? Is there anybody here -- Mr. Chairman, is there anybody here in opposition -- Chairman Winton: To the staff s recommendation. Vice Chairman Teele: -- to the staff s recommendation? All right. Thank you, Mr. Chairman. 33 January 9, 2003 Chairman Winton: OK. Your comment, please, briefly. Name and address. Yes, sir. Mr. Cohen: I'm Mark Cohen, president of the United Foundation for AIDS, 616 Northeast 125th Street, Miami, 33161. I support the recommendations that Ms. Rodriguez is making, and certainly to follow on what Rick Saclari just said from Care Resource. The importance of working together with the City in this process will allow us to understand the greater needs, because we have a far greater picture that we're dealing with right now in the City that is now second, perhaps neck -in -neck with being first in the nation for HIV infection. We have a tremendous amount of work ahead of ourselves at this time. The ability to understand where we go from here is critical. So, applying these dollars into the community, with these three agencies, will allow us to go forward and allow us to perhaps, you know, figure out where and how we apply the dollars with maximizing optimal outcomes without wasting dollars, misusing dollars, things like that. As you know, at this time, critically, at a federal level, people are, you know, really watching how dollars are being spent with respect to housing and care and treatment services. Chairman Winton: Thank you very much. Anyone else from the public would like to speak on this issue? Being none, we'll close the public hearing. I would like to say to staff that I remember at the last Commission meeting, where this was brought up, the Commission directed staff to go out and work with the groups affected and to bring back, hopefully, some sort of plan, where we had everybody on board understanding what our process is, understanding what our requirements are, understanding what the law says, and trying to get some consensus in this. And this may be one of the first times, since I've been here, where CD has done this kind of thing, and y'all have done it wonderfully. So, thank you very much for doing that. And use this as the model for how we deal with -- all these CD issues in the future. And I would love to see that kind of thing happen. Any other comments? Vice Chairman Teele: Thank you. Mr. Chairman? Chairman Winton: Yes, sir. Vice Chairman Teele: I'm very uncomfortable with one component of the recommendation, and if I may. Is that Mr. Fernandes here? Ms. Rodriguez: He's here Vice Chairman Teele: Mr. Fernandes, I understand that you have -- even though I met with you two weeks ago and you didn't say a word -- I understand you have severed your former relationship with the City? Dan Fernandes (Acting Director, Community Development): Yes, sir. Vice Chairman Teele: Then I would like you to come back to the next meeting and receive some recognition. I think you convened and you and Ms. Rodriguez attended all of these meetings, right? 34 January 9, 2003 Mr. Fernandes: That's correct, Commissioner. Vice Chairman Teele: And, if nothing else, it echoes what Commissioner Winton was just saying. And I want to commend you and Ms. Rodriguez and the entire staff, as well as the community for, you know, letting bygones be bygones, and sitting down and coming up with what is clearly a much more collaborative and collegial process. I want to commend you. And, Mr. Manager, would you work with the Protocol Office to prepare something appropriate, even though he didn't give me any notice, or most of us. I think he's done a wonderful job. Mr. Gimenez: So do I, sir. And I also want to thank him for coming here, because he really -- this is on his own time. And he just came here to see the process through, and I think that's very commendable of him. Vice Chairman Teele: Thank you. Mr. Chairman, I'm uncomfortable with only one aspect. We have to -- we, as policymakers, have to ensure time lines and times are respected. We need to insert in this recommendation a time line process for the notice of the RFP to go out and when the applications are going to be due in some broad time frame. At least notice for the applications to go out, and a recommendation back before the Commission. Ms. Rodriguez: We have an item on the first Commission of February that will give us the planning calendar. And at that time, we have the RFP, the public hearings, we'll be setting up the public hearings that all of you Commissioners will be responsible in your area also. So that will be the perfect time to discuss, if you feel that we need more time. Chairman Winton: So, Commissioner, I would suggest that we have a resolution accepting the staff s recommendation, and allow the staff to insert that time line simply into the resolution after we pass it, so that it becomes just a part of the record. So, could we get a motion, please? Commissioner Gonzalez: Move the resolution. Commissioner Regalado: Second. Commissioner Sanchez: Second. Chairman Winton: We have a motion and a second. Further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. Motion carries. 35 January 9, 2003 The following resolution was introduced by Commissioner Gonzalez, who moved its adoption: RESOLUTION NO. 03-24 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING RESOLUTION NO. 02-1777, ADOPTED JULY 8, 2002, RELATING TO FUNDING FOR THE 2002-2003 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA") PROGRAM, BY (1) MOVING FUNDING TO THREE PREVIOUSLY APPROVED AGENCIES IDENTIFIED HEREIN FROM THE SUPPORTIVE HOUSING CATEGORY TO THE LONG TERM ASSISTANCE CATEGORY, (2) REVISING ALLOCATIONS TO PROVIDERS OF LONG TERM HOUSING ASSISTANCE, CONSISTENT WITH THE ABSORPTION OF CLIENTS RESULTING FROM THE CLOSEOUT OF THE CONTRACT WITH THE MIAMI-DADE COUNTY HOUSING AGENCY, (3) ELIMINATING THE ALLOCATION OF FUNDS FOR THE PAYMENT OF UTILITY ASSISTANCE IN THE LONG TERM ASSISTANCE PROGRAM AND (4) MOVING THE BALANCE OF PREVIOUSLY APPROVED HOPWA FUNDS AS A RESULT OF SAID REVISIONS TO A HOPWA CONTINGENCY FUND FOR FUTURE DISTRIBUTION FOLLOWING THE COMPLETION OF A NEEDS ASSESSMENT AND DEVELOPMENT OF A STRATEGIC PLAN TO MOST EFFECTIVELY PROVIDE HOUSING ASSISTANCE AND HOUSING RELATED SERVICES TO LOW INCOME INDIVIDUALS LIVING WITH HIV/AIDS; ALLOCATING NON-HOPWA FUNDS IN THE AMOUNT OF $50,000 TO APPLE TREE PERSPECTIVES, INC. TO COMPLETE THE NEEDS ASSESSMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL AGREEMENTS WITH APPROVED AGENCIES, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; AND SETTING FORTH A TIMELINE FOR SUBMISSION OF FUNDING REQUESTS FOR PROPOSALS FOR FISCAL YEAR 2003-2004. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 36 January 9, 2003 Chairman Winton: Thank you all very much. Thank you, community. Thank you, staff. This is the kind of partnership we need and we hope to continue that. Thank y'all very much for your time. 12. DIRECT MANAGER TO WORK WITH CITY ATTORNEY AND PRESENT REPORT AT JANUARY 23, 2003 COMMISSION MEETING, REGARDING UNUSED MIAMI SPORTS & EXHIBITION AUTHORITY (MSEA) FUNDS OVER LAST FIVE YEARS AND THOSE FUNDS THAT HAVE BEEN RETURNED TO MIAMI-DADE COUNTY. Chairman Winton: Commissioner Teele, back to your blue pages. Vice Chairman Teele: Mr. Chairman, I would just like to make a series of motions for the purpose of the Clerk. My first motion will be a motion requesting that the City Manager, working with the City Attorney, at the next Commission meeting present a report regarding the MSEA (Miami Sports and Exhibition Authority) unused funds over the last five years and those funds that have been returned to Miami -Dade County under the interlocal agreement, as well as the updating of the memorandum that was circulated, I think, in April of 24 by the City Attorney to update that, and it relates to funds and the availability of funds. I would so move. Commissioner Regalado: Second. Chairman Winton: We have a motion and a second. Discussion. Commissioner Gonzalez: Yes, sir. We're talking about returning the funds to the County? Chairman Winton: It's the funds that -- Vice Chairman Teele: No, I'm talking about just getting a report on funds that have been returned to the County over the last five years. Chairman Winton: Yeah, we have been returning funds to the County, so that's the report he wants. Commissioner Gonzalez: OK. That's from MSEA, right? Chairman Winton: Yes, sir. Vice Chairman Teele: That's all my motion deals with. Commissioner Gonzalez: OK, I -- yeah, I have no problem with that, but I did had a problem if we were going to be returning any money because, you know -- Vice Chairman Teele: But this board has nothing to do with what MSEA does. That's the MSEA Board -- 37 January 9, 2003 Commissioner Gonzalez: OK. Vice Chairman Teele: -- but we're entitled to have our Manager -- Chairman Winton: To know what's going on. Vice Chairman Teele: -- and our Attorney to give us a report on what the MSEA Board is doing, and that's all we're doing here. Commissioner Gonzalez: OK. Vice Chairman Teele: That's all I'm proposing to do. Commissioner Gonzalez: All right. Chairman Winton: OK, a motion and a second. Any further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, oppose. Motion carries. 38 January 9, 2003 The following motion was introduced by Vice Chairman Teele, who moved for its adoption: MOTION NO. 03-25 A MOTION DIRECTING THE CITY MANAGER TO WORK WITH THE CITY ATTORNEY AND PRESENT A REPORT AT THE NEXT COMMISSION MEETING, CURRENTLY SCHEDULED FOR JANUARY 23, 2003, REGARDING UNUSED MIAMI SPORTS & EXHIBITION AUTHORITY (MSEA) FUNDS OVER THE LAST FIVE YEARS AND THOSE FUNDS THAT HAVE BEEN RETURNED TO MIAMI-DADE COUNTY, PURSUANT TO THE INTERLOCAL AGREEMENT, AS WELL AS AN UPDATE ON THE MEMORANDUM CIRCULATED BY THE CITY ATTORNEY RELATED TO THE AVAILABILITY OF FUNDS. Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 13. DIRECT MANAGER TO WORK WITH CITY ATTORNEY AND LITIGATION ATTORNEYS AND BRING BACK AT FEBRUARY 13, 2003 COMMISSION MEETING, COMPREHENSIVE STATUS REPORT IN CONNECTION WITH BEDMINSTER CASE. Chairman Winton: Next item, please. Vice Chairman Teele: Mr. Chairman, I'm requesting that the City Manager provide a comprehensive report on the status of Bedminster, along with the City Attorney and the litigation, within the next two meetings. When's the second meeting, February what? Pricilla A. Thompson (City Clerk): February 13tH Vice Chairman Teele: By February 13th. So move. Ms. Thompson: I'm sorry, the second meeting in February? Vice Chairman Teele: No, the first meeting in February. 39 January 9, 2003 Ms. Thompson: February 13th. Vice Chairman Teele: So move. Chairman Winton: OK. We have a motion. We have a -- we don't have a second. What he's asking for is simply a report from our City Attorney on the status of the entire Bedminster issue, so we have a clear understanding where we are relative to that, is that not correct, Commissioner Teele? Vice Chairman Teele: No. I just want a status report open. Commissioner Sanchez: OK, an open status report? Vice Chairman Teele: Yeah, open status report. Commissioner Sanchez: Second. Chairman Winton: OK, motion and a second. Further discussion. Being none, all in favor, aye. The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. The following motion was introduced by Vice Chairman Teele, who moved for its adoption: MOTION NO. 03-26 A MOTION DIRECTING THE CITY MANAGER TO WORK WITH THE CITY ATTORNEY AND LITIGATION ATTORNEYS AND BRING BACK AT THE COMMISSION MEETING CURRENTLY SCHEDULED FOR FEBRUARY 13, 2003, A COMPREHENSIVE STATUS REPORT IN CONNECTION WITH THE BEDMINSTER CASE. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 40 January 9, 2003 14. DIRECT MANAGER AND CITY ATTORNEY TO PROVIDE HIM WITH COPY OF QUARTERLY REPORTS SUBMITTED TO WASHINGTON, D.C. REGARDING DELINQUENT COMMUNITY DEVELOPMENT LOANS. Chairman Winton: Next issue, please. Vice Chairman Teele: And the final issue I have is a request from the Manager to provide us with quarterly reports that are submitted to federal -- Washington regarding the delinquent loans of Community Development. Chairman Winton: I'm sorry, repeat that again. Vice Chairman Teele: Each quarter we're obliged to submit to Washington, the Manager and the Attorney, the status of delinquent loans pursuant to the consent agreement that we entered into regarding the, you know -- Chairman Winton: Got it. I understand. Vice Chairman Teele: -- Community Development -- Chairman Winton: Right. Vice Chairman Teele: -- and I'm requesting, Mr. Manager, you and the Attorney to make that report available to me, the last report, or to ensure that that report has been done timely. Thank you, Mr. Manager. Commissioner Gonzalez: Commissioner Teele, can I -- Chairman Winton: Yes, sir. Commissioner Gonzalez: -- amend the motion? Vice Chairman Teele: I didn't make a motion. Commissioner Gonzalez: Oh, I'm sorry. It's a request? Chairman Winton: Yes. Vice Chairman Teele: It's a request. Commissioner Gonzalez: I would also like to request a copy of that report. Chairman Winton: OK. Vice Chairman Teele: Thank you, Mr. Chairman. 41 January 9, 2003 Chairman Winton: I'm sorry, Mr. City Attorney. Fine. OK, anything else, Commissioner Teele? Vice Chairman Teele: No. Thank you, Mr. Chairman. 15. SUPPORT CREATION OF REGIONAL TRANSPORTATION AUTHORITY THAT WOULD IMPLEMENT STRATEGIC TRANSPORTATION INVESTMENTS INCLUDING EXPANSION OF LOCAL AND REGIONAL PASSENGER SERVICES IN FLORIDA EAST COAST RAILWAY (FEC) CORRIDOR AND COMPLEMENT GROWTH OF GOODS MOVEMENT IN SOUTHEAST FLORIDA REGION. Chairman Winton: OK, and I have one blue page item. Clarke, you want to kick this off? Clark Turner: Commissioners, for the record, Clark Turner, Transportation Coordinator. The Florida legislature will be taking up in this session the question of the creation of a Regional Transportation Authority for the three counties, Palm Beach, Broward and Miami -Dade. The City of Miami's FEC (Florida East Coast) corridor plan calls for passenger rail service on the existing FEC railroad right-of-way between downtown Miami and the North city limits. It's hope that eventually the passenger rail service in that corridor will be extended to Aventura and connecting downtown with other light rail lines to Coral Gables and Miami Beach. The FEC Corridor plan contemplates the creation of up to three types of passenger service; regional service of the Amtrak -type, commuter service, which would be similar to Tri -Rail or might even be Tri -Rail, and local service, light rail, street car or trolley car, whatever you want to call the new light rail technology. These passenger services would make Miami's neighborhoods and businesses more conveniently accessible; would facilitate travel from one part of the metropolitan area to another for Miami citizens, and make our City even more desirable as a destination for visitors. Residential development and redevelopment would be encouraged as Miami's older neighborhoods are served by high-quality rail transportation service. Downtown businesses would benefit from greater accessibility for employees and customers, and in a very interesting development, the FEC railroad itself has indicated its interest in studying multiple uses of the rail corridor, including the possibility of freight service to and from the Port of Miami. A Regional Transportation Authority, supported by the City of Miami, the County and other local governments, can greatly facilitate the planning and development of rail passenger service in the FEC Corridor. Without a Regional Transportation Authority, creation of rail passenger service in the FEC Corridor would require many potentially complicated interlocal agreements and multiple funding sources, with less prospect of adequate federal and state funding. At best, this would require a lot of time; at worst, the lack of regional coordination could cripple our project. For these reasons, we believe it's essential that the City of Miami support the creation of a Regional Transportation Authority and development of passenger rail services in the FEC Corridor. At Commissioner Winton's request, we've drafted a resolution for your consideration that would encourage the creation of a Regional Transportation Authority and encourage it to implement strategic regional transportation investments, including rail passenger services and goods movement in the FEC Corridor. If it's your pleasure to adopt that, it would go on to the legislature as an indication of our local support. 42 January 9, 2003 Chairman Winton: And I would like to make three points relative to this. One is that I've had the pleasure of working -- there's kind of an informal group that's made up principally of mayors of the eastern seaboard cities from Boca Raton to the City of Miami. We've had a series of meetings, and it's very interesting because it's people focused on north/south transportation and -- whereas most of the focus of Miami -Dade County government, Broward government, and Palm Beach government focuses on east/west with little focus on what's going on north/south, and by creating this Regional Transportation Authority -- and this is a -- and there's two really important points to it. Number one, it will put us in a position to go after real federal money to make this thing work, whereas, as Clark said, if we do this city by city by city and have all these interlocal agreements, I don't think it'll ever work. Number 2, from a job accessibility standpoint, this could be one of the best things that could happen to the City of Miami because by creating this transit corridor, people who live in Little Havana, who live in Liberty City, who live in Allapattah, who live in Wynwood, who live in Lemon City, who live in Little Haiti that may have job opportunities north as opposed to just east/west, can get on one of these commuter trains and quickly get to work without having to have an automobile to take them all the way up I-95, so I think this could be a good -- an outstanding job enhancement opportunity and linkage between the cities that are going north and south, and with that then, I would move the motion -- frankly, I don't see the motion in front of me, but -- Vice Chairman Teele: I would -- Chairman Winton: -- I mean, the resolution. Vice Chairman Teele: I would like to preside, Mr. Chairman. Commissioner Sanchez: Yes. Chairman Winton: Oh, I'm sorry. Vice Chairman Teele: May I preside? Commissioner Sanchez: You can't be the chairperson. Chairman Winton: Yes, please. Vice Chairman Teele: I'd like to recognize you for a motion. Chairman Winton: Thank you very much. You know, I still don't have this down. Commissioner Sanchez: Yeah, you'll get it down. Chairman Winton: By the end of the year, I might get it right. This is a resolution of the City of Miami Commission supporting the creation of a Regional Transportation Authority that would implement strategic transportation investments, including expansion of local and regional passenger services in the Florida East Coast Railway Corridor to meet growing transit needs and also to compliment of growth of goods movement in a southeast Florida region in supporting 43 January 9, 2003 efforts to secure federal, state and other funding for this purpose, and authorizing the City Manager to transmit this resolution to the referenced entities. So moved. Vice Chairman Teele: Is there a second? Commissioner Sanchez: Second. Vice Chairman Teele: Is there a discussion? Is there objection? Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: Maker of the motion, let me ask two things on this. Let me seek clarification. There was discussion and, you know, the City and the CRA (Community Redevelopment Agency) have endorsed this before, but we also endorsed the notion that the Tri - Rail would be the Regional Transportation Authority. Now, is this -- I don't want to -- that was the issue that came out of the Gold's Conference last year. Now, are we talking about a truly independent Regional Transportation Authority or a new autonomous, or are we talking about potentially that entity being Tri -Rail? And it's not -- I mean, it's only important if it's going to be Tri -Rail, because then we ought to say that and not -- Mr. Turner: Right, I agree. Vice Chairman Teele: -- sneak attack something. Mr. Turner: You know, the resolution in the where -- one of the "whereases" says the RTO, the Regional Transportation Organization, which has been an ad hoc organization of the three counties; it's been in operation for several years. The RTO is considering its conversion into a regional transit authority in coordination with the tri -county commuter rail authority, Tri -Rail, area -wide land planning agencies, FDOT (Florida Department of Transportation), the metropolitan planning organizations of Miami -Dade, Broward, and Palm Beach Counties totally agree with -- Vice Chairman Teele: I read that. Just answer the -- Mr. Turner: The answer to the question. Vice Chairman Teele: Please help me by answering the question. Are we talking about Tri -Rail -- is this -- is there any intent in this resolution, underlining intent, that Tri -Rail will be that entity or is this resolution presuppose that a new entity would be created, other than Tri -Rail? That's the only issue that I'm talking about. Mr. Turner: There's -- a new entity would be created, a Regional Transportation Authority -- Chairman Winton: A new entity. 44 January 9, 2003 Mr. Turner: -- and that would be created by the State legislature. It might incorporate the existing Tri -Rail authority as part of -- Chairman Winton: Well, the existing resolution anticipates that it would. Mr. Turner: Yes. Chairman Winton: You know, who knows (UNINTELLIGIBLE), but it is a new independent authority. Vice Chairman Teele: I just -- yeah, I just wanted to understand that. The other issue is the -- I don't understand the resolution in terms of who we're going to get to act on it. Clark keeps talking about the legislature. The resolution talks about transmitting it to the MPO. If we -- it would seem to me that under Section 4, the Manager or the -- and it really shouldn't be the Manager; it should be the Clerk, but in any event, the appropriate entity should be transmitting this resolution to the Dade Delegation. Chairman Winton: I don't think it says that here, but I think that's a -- Vice Chairman Teele: It doesn't say that, but it -- Chairman Winton: -- and it should, so let's modify this. Vice Chairman Teele: But this gets into -- Chairman Winton: I agree. Vice Chairman Teele: -- Commissioner Sanchez's business, but it should transmit to the Dade Delegation and it should also transmit to the DDA (Downtown Development Authority), the CRA (Community Redevelopment Agency) and MSEA (Miami Sports and Exhibition Authority) because anything you're going to do in that area -- and it's going to get down to money, Johnny -- Chairman Winton: Yes. Vice Chairman Teele: -- and it's better to get everybody on board -- Commissioner Sanchez: (INAUDIBLE) lack of. Vice Chairman Teele: Which there's a lack of See, everybody wants to everything and then give you the tab, so it's much better to get the DDA and MSEA and CRA, both Omni and Park West Overtown -- Chairman Winton: Yep. 45 January 9, 2003 Vice Chairman Teele: -- on notice now so that everybody can be a part of this and this not be something we're just do unilaterally. Chairman Winton: Would you also transmit this to the Governor? Vice Chairman Teele: I would certainly transmit it to the Florida Department of Transportation. Chairman Winton: Is that in here? Yeah, FDOT, so -- OK. Well, let's -- would you -- Vice Chairman Teele: Transportation Commission. As amended, with those amendments. Chairman Winton: And the maker of the motion accepts all of the amendments. Vice Chairman Teele: Mr. Attorney. Alejandro Vilarello (City Attorney): Mr. Chairman, is there a draft of the proposed legislation? Vice Chairman Teele: We have the whole legislation right here. Mr. Vilarello: No, no, no, this is a resolution that supports the adoption of the -- Chairman Winton: The creation of it. Mr. Vilarello: -- creation of the Regional Transportation Authority. My question is, has that -- has there been a draft been created of what is going to be proposed to be adopted by the State legislature? Mr. Clark: Not -- Chairman Winton: I don't think so. Mr. Clerk: -- that we have. Chairman Winton: No. Mr. Clark: We don't have a -- we don't have -- Chairman Winton: That has not been created. Vice Chairman Teele: I think that really should come from the MPO, though. Chairman Winton: Right. Vice Chairman Teele: I mean, I think we should be on record as saying this is something we want to do -- 46 January 9, 2003 Chairman Winton: Right. Vice Chairman Teele: -- but really, the MPO ought to be the people who really -- because that, under the federal law, is the agency that speaks for transportation in this county. We're simply weighing in saying we like the idea. Chairman Winton: OK. Any further discussion? Oh, no, you're chairing. I'm sorry. Vice Chairman Teele: All those in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All opposed. Chairman Winton: Thank you very much. The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 03-27 A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING THE CREATION OF A REGIONAL TRANSPORTATION AUTHORITY ("RTA") FOR IMPLEMENTATION OF STRATEGIC TRANSPORTATION INVESTMENTS, INCLUDING EXPANSION OF LOCAL AND REGIONAL PASSENGER SERVICES IN THE FLORIDA EAST COAST RAILWAY (FEC) CORRIDOR, TO MEET GROWING TRANSIT NEEDS AND TO COMPLEMENT THE GROWTH OF GOODS MOVEMENT IN THE SOUTHEAST FLORIDA REGION; FURTHER SUPPORTING THE RECOMMENDATIONS CONTAINED IN THE SOUTH FLORIDA TRANSIT ANALYSIS RELATED TO THE NEED FOR TRANSIT SERVICE EXPANSION, AND ENCOURAGING LOCAL GOVERNMENTS TO ENTER INTO INTERLOCAL AGREEMENTS TO IMPLEMENT THE RECOMMENDATIONS; FURTHER DIRECTING THE CITY MANAGER TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICIALS AND AGENCIES. 47 January 9, 2003 Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Angel Gonzalez 16. REQUEST STATUS REPORT AT JANUARY 23, 2003 COMMISSION MEETING, BY CONSULTANTS WORKING ON NOISE ABATEMENT RELATED TO MIAMI INTERNATIONAL AIRPORT Commissioner Regalado: Mr. Chairman -- before you go -- before -- Clark, just briefly, I had the opportunity of reading a report from the consultant on the noise abatement on Miami International Airport and (INAUDIBLE). I think that the City's position should be just one, enforcement. The same thing that Boston, London, New York, Houston do is what we should do. You got to find the airlines that go beyond the noise level. I think that we should push the consultants to work on the enforcement side and forget the hundred and -- the Park 115 program; there's no money for that; there will never be money for -- Chairman Winton: Commissioner, may I interrupt? I happen to agree with you, but I don't -- you know, that's not on our agenda and I'm not sure I want to have that discussion today. When somebody's ready to give the report, I think we'll bring it forward. I happen to completely agree with you, by the way. Commissioner Regalado: But no one -- Chairman Winton: But that's -- Commissioner Regalado: -- is giving a report. That's the problem. Chairman Winton: There will be report that will -- there's no action that can be taken by any of this stuff without it coming before the Commission. I mean, that's a policy issue that has to be determined by this Commission, so the consultants and the Manager and -- no one can move any action step forward that impacts our City without this Commission's approval. Commissioner Regalado: So when are we going to do it? Chairman Winton: Whenever that committee and consultants are ready, and by the way, I met with the chairman of that committee in my office during the holiday season; told him exactly what you just said, and they're waiting -- they've got some additional -- they're going to look for 48 January 9, 2003 some other alternatives before they begin to come forward, and I told them that it has to come before this Commission before anything could happen. OK. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: Respectfully, on that point, I really don't think we should continue to abrogate our responsibilities to set the timetable of the agenda. Commissioner Regalado: Exactly. Vice Chairman Teele: And I think if Commissioner -- I don't think we should discuss it now, at all, but I think if Commissioner Regalado wants a report, an interim report, he ought to just make a motion directing that they make a report at the next meeting or in 30 days. Chairman Winton: That's fine. Vice Chairman Teele: I mean, you know, we've got an issue -- Chairman Winton: I'm not sure that -- I wasn't sure that's what he was asking for, so Commissioner, is that what you're asking for, an interim report? Commissioner Regalado: I -- no. I was asking for us to discuss this because, you know, if we keep paying the consultants and they keep going the way that I think is wrong, we should be the ones deciding what is the City position, so -- Vice Chairman Teele: But we can't even discuss it without the consultants. Chairman Winton: That's right, so when -- Vice Chairman Teele: (INAUDIBLE) Commissioner Regalado: I have -- Chairman Winton: No. Commissioner Regalado: But the thing is, Art, I have the report from the consultants; I read it, so do you have it? No, you don't, so it was given to me as a courtesy. That's my point. My point is that we should be aware of what -- Chairman Winton: Well, then, either you want them to come and give an interim report or wait until they finish their final report and bring it to us, and I don't -- Commissioner Regalado: Final report is finished, Johnny. 49 January 9, 2003 Chairman Winton: No, it's not, because -- Commissioner Regalado: Yes, it is. Chairman Winton: -- they're going back and doing some additional things. Vice Chairman Teele: Mr. Chairman, I move that the consultants be directed to report to the next -- at the next Commission meeting, in the morning, on the status of the noise, and to make copies of all the information available and disseminate it. Chairman Winton: Right. We have a motion. Need a second. Commissioner Regalado: Second. Chairman Winton: Motion and a second. Further discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. The following motion was introduced by Vice Chairman Teele, who moved for its adoption: MOTION NO. 03-28 A MOTION REQUESTING A STATUS REPORT AT NEXT COMMISSION MEETING, CURRENTLY SCHEDULED FOR JANUARY 23, 2003, BY THE CONSULTANTS WORKING ON NOISE ABATEMENT RELATED TO MIAMI INTERNATIONAL AIRPORT; FURTHER REQUESTING TO HAVE PROVIDED ALL INFORMATION NECESSARY FOR THE COMMISSION'S REVIEW. Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Commissioner Sanchez: Mr. Chairman, I just have one question for -- 50 January 9, 2003 Chairman Winton: Yes, sir. Commissioner Sanchez: -- Mr. Turner before he leaves. Mr. Turner, when will you be giving the report to the Commission on the seventh and eighth corridor economic impact study? Clark Turner: We're having the final staff meeting on that next week, early in the week. Commissioner Sanchez: When do you anticipate coming in front of the Commission with that report? Mr. Turner: I think it could be possible at the next Commission meeting, on the 23rd Commissioner Sanchez: Thank you. 17. AUTHORIZE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, $36,550, TO CATHOLIC CHARITIES OF GREATER MIAMI, INC., TO PROVIDE ELDERLY SERVICES AT CLAUDE PEPPER TOWER. DIRECT MANAGER TO INSTRUCT ADMINISTRATION TO IDENTIFY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR INFRASTRUCTURE AND PARKING IMPROVEMENTS IN RESIDENTIAL AREA SURROUNDING SOUTHWEST SOCIAL SERVICES INC. AND REPORT BACK AT JANUARY 23, 2003 COMMISSION MEETING. Chairman Winton: OK. Item Number 5. Barbara Rodriguez: Barbara Rodriguez, Department of Community Development. On October 10th, we brought this item. It was thirty-six thousand, six hundred and fifty dollars to De Hostos Senior Center. Commissioner Sanchez: So move, Mr. Chairman. Commissioner Gonzalez: Second. Chairman Winton: We have a motion and a second. This is a public hearing. So, this is a public hearing. Anyone from the public like to comment on Item Number 5? Commissioner Sanchez: No one here in opposition. Chairman Winton: No one here would like to comment, so we'll close the public hearing. We have a motion and a second on Item Number 5. Do we have further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, oppose. The motion carries. Item 6. 51 January 9, 2003 The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-29 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN AN AMOUNT NOT TO EXCEED $36,550, TO CATHOLIC CHARITIES OF GREATER MIAMI, INC., TO PROVIDE ELDERLY SERVICES AT CLAUDE PEPPER TOWER; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID AGENCY FOR THIS PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Commissioner Regalado: Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Regalado: Mr. Chairman, before -- there is something that is related to Item 5, and it's only a brief direction to the administration. I was wondering if you give me a minute to make a motion? It's a motion directing the administration to work with the Southwest Senior Center to identify CDBG (Community Development Block Grant) funds to be used for infrastructure and to alleviate parking in the residential area surrounding the center, and to report back to the City Commission at the meeting of January 23, 2003. That would be my motion. Commissioner Gonzalez: Second. Chairman Winton: We have a motion and a second. I want to understand what this motion is. You're simply directing them to see if there's anything we can do, and that's the motion; is that not correct? 52 January 9, 2003 Commissioner Regalado: No. I'm not -- it's not what they can do. It's what they going to do. The Mayor and I visited the center and they have a very serious situation of parking in the Southwest Senior Center, which is in District 4, in the Flagami area. This center is located in what is a park of the City of Miami. Chairman Winton: In a what? Commissioner Regalado: In a park. In a park. It's zoned as a park, and because it's zoned as a park, we can make some parking areas in order to alleviate the parking crisis around the neighborhood, because the clients park in front of the driveways and all that. Chairman Winton: Oh. Commissioner Regalado: So that is why we could use CDBG money in order to help with the infrastructure and work with them to see the needs of parking there, so -- Chairman Winton: Well, the appropriation of the money will still have to come at a subsequent time. Commissioner Regalado: Of course. Chairman Winton: OK. We have a motion and a second. Further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, oppose. The motion carries. The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 03 -3 0 A MOTION DIRECTING THE CITY MANAGER TO INSTRUCT THE ADMINISTRATION TO IDENTIFY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR INFRASTRUCTURE AND PARKING IMPROVEMENTS IN THE RESIDENTIAL AREA SURROUNDING THE SOUTHWEST SOCIAL SERVICES INC. AND REPORT BACK TO THE COMMISSION AT THE COMMISSION MEETING CURRENTLY SCHEDULED FOR JANUARY 23, 2003. 53 January 9, 2003 Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Commissioner Regalado: Thank you. Chairman Winton: Item -- yes, sir -- Item -- Vice Chairman Teele: Y'all better send that to the Parks Advisory Committee. I'm telling you, you know, I looked at this issue and I -- we just need to make sure we don't wind up stepping into something. Chairman Winton: You bet. 18. AUTHORIZE AND DIRECT MANAGER TO CONVEY AT NO COST CITY -OWNED PARCEL LOCATED AT 2368 NW 35 STREET TO GREATER MIAMI COMMUNITY SERVICES, INC., FOR PURPOSE OF REHABILITATING SAID PROPERTY TO PROVIDE AFFORDABLE HOUSING OPPORTUNITIES FOR ELIGIBLE LOW INCOME PERSONS. Chairman Winton: Item Number 6. Barbara Rodriguez (Assistant Director, Department of Community Development): OK. On July 10, 2001, we awarded $250,000 to the Greater Miami Community Service, Inc. It was to rehab a building that we had foreclosed on. It was going to be our of HOPWA (Housing Opportunities for Persons with AIDS) funding. The citizens in the area object to it. We've been working with the citizens in the area. We are de -obligating the $250,000 of HOPA funds but we are requesting conveying the City property to them with the condition that they rehab the building. There will be an affordability period of 15 years and we will monitor the building on a yearly basis to make sure that it's being used for low-income individuals. Commissioner Gonzalez: Mr. Chairman, this project is in my district and I'm ready to move this but Ms. Rodriguez what I wanted to make sure of this building used to be an affordable building rental. Ms. Rodriguez: Correct. 54 January 9, 2003 Commissioner Gonzalez: Ok, and I can tell you that it was a nightmare for at least five years. People moving in and out. The building was not kept properly. The green areas were a disaster. The parking area was a mess and actually it became an eye sore in this neighborhood. I'm willing to support this but I want to make sure that this property is monitored, that it is kept clean, and that it's kept the utmost condition for the benefit of the neighborhood. This is a single family neighborhood and this is grandfathered in because that building has been there for I don't know how many years, but we have to make sure that they can accommodate to the neighborhood and the tenants can keep the building in a decent manner. Ok, so move, Mr. Chairman. Chairman Winton: And are there any penalties if they don't maintain the property appropriately? Ms. Rodriguez: We can insert some penalties. In the contract, it basically, there will be a rent regulatory agreement which basically we govern how much they can charge the client, what they can collect from the client, we can impose sanctions -- Chairman Winton: So you probably in there then about sanctions for inappropriate maintenance and upkeep because that's a crucial part of the impact on the neighborhood. You need to make that motion. Commissioner Gonzalez: I make the motion. Commissioner Sanchez: Second. Chairman Winton: We have a motion and second on Item 6. Any further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. Commissioner Sanchez: Just for the record that's with the amendments you made? Commissioner Gonzalez: Yes, sir. 55 January 9, 2003 The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-31 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO CONVEY AND DISPOSE, AT NO COST, A CITY -OWNED PARCEL LOCATED AT 2368 NORTHWEST 35TH STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, TO GREATER MIAMI COMMUNITY SERVICES, INC., A NON-PROFIT ORGANIZATION, FOR SAID PROPERTY TO BE REHABILITATED TO PROVIDE AFFORDABLE HOUSING OPPORTUNITIES FOR ELIGIBLE LOW INCOME PERSONS PARTICIPATING IN THE SECTION 8 HOUSING PROGRAM, CONDITIONED UPON GREATER MAIMI COMMUNITY SERVICES, INC. COMMENCING AND COMPLETING THE REHABILITATION OF THE 12 - UNIT FACILITY WITHIN TWELVE MONTHS FROM THE DATE OF THE CONVEYANCE OF THE PARCEL OR THE PROPERTY SHALL REVERT BACK TO THE CITY; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, CONVEYING THE CITY - OWNED PARCEL TO SAID AGENCY, SUBJECT TO CERTAIN TERMS AND CONDITIONS. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 19. GRANT EXTENSION FROM MARCH 1, 2002 TO MARCH 31, 2004 TO RAFAEL HERNANDEZ HOUSING AND ECONOMIC DEVELOPMENT CORPORATION TO CONSTRUCT, MARKET AND SELL FOUR NEW SINGLE FAMILY HOMES PLANNED ON FOUR CITY -OWNED PARCELS IN ALLAPATTAH AND WYNWOOD COMMUNITY REVITALIZATION DISTRICTS. Chairman Winton: Item 7. 56 January 9, 2003 Barbara Rodriguez (Assistant Director, Department of Community Development): Number 7 is extending the time, Rafael Hernandez. This is one that is very knowledgeable to Commissioner Winton. We've had some issues with these lots. It's been going on for quite some time. Now we are at the stage that the houses are actually being built and we are requesting to extend them. I was also informed by the law department yesterday that we need to, there's a new resolution -- is that? Alejandro Vilarello (City Attorney): A substitute resolution number 7. It's been distributed. Commissioner Gonzalez: Ok, move number 7. Chairman Winton: We have a motion on 7. Need a second. Commissioner Sanchez: Second. Chairman Winton: We have a motion and a second. Further discussion? Oh, it's a public hearing? Mr. Vilarello: Yes, sir. Chairman Winton: This is a public hearing. Anyone from the public like to comment on number 7? Being none, we'll close the public hearing. We have a motion and a second. Further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-32 A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING AN EXTENSION, FROM MARCH 1, 2002 TO MARCH 31, 2004, TO THE RAFAEL HERNANDEZ HOUSING AND ECONOMIC DEVELOPMENT CORPORATION TO CONSTRUCT, MARKET AND SELL FOUR NEW SINGLE FAMILY HOMES PLANNED ON FOUR CITY -OWNED PARCELS IN THE ALLAPATTAH AND WYNWOOD COMMUNITY REVITALIZATION DISTRICTS FOR LOW AND MODERATE -INCOME FAMILIES; STATING INTENTION OF CITY COMMISSION RELATED TO DATE OF TITLE CONVEYANCE; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCMENT(S) TO CONFIRM THE CONVEYANCE OF SAID PARCELS. 57 January 9, 2003 Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 20. ACCEPT PLAT ENTITLED PELLITERO SUBDIVISION. Chairman Winton: Number 8. Albert Dominguez: Good morning. Albert Dominguez, public works department. Commissioner Sanchez: Second. Chairman Winton: We have a motion and a second. This also is a public hearing. Anyone from the public like to comment on 8? Being none, we'll close the public hearing. We have a motion and a second further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 03-33 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED PELLITERO SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE SAID PLAT; AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA. 58 January 9, 2003 Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 21. AUTHORIZE MANAGER TO EXECUTE CONSENT AND PARTIAL WAIVER OF RIGHT OF REVERTER ON PORTION OF PROPERTY CONVEYED TO MIAMI-DADE WATER AND SEWER AUTHORITY, PROVIDED THAT PROPERTY IS CONVEYED BY MIAMI-DADE COUNTY TO SCHOOL DISTRICT AND THAT SCHOOL DISTRICT USE PROPERTY EXCLUSIVELY FOR PURPOSE OF PROVIDING PARENT DROP OFF LANE FOR INGRESS TO GEORGE WASHINGTON CARVER MIDDLE SCHOOL. Chairman Winton: Number 9. Vice Chairman Teele, would you chair for a moment? Vice Chairman Teele: Number 9? Chairman Winton: Yes. Vice Chairman Teele: Public hearing regarding the -- Chairman Winton: Ok, Lori? Vice Chairman Teele: -- marquee -- what is it? What public hearing? Commissioner Regalado: It's about the water and sewer in Le Jeune Road. Vice Chairman Teele: Mr. Public Works Director, who's here on this? Chairman Winton: Lori is. Carlos A. Gimenez (City Manager): It's not really a water and sewer issue. Vice Chairman Teele: Why is it a public hearing? Alejandro Vilarello (City Attorney): We are waiving -- it's a partial waiver of a reverter provision. 59 January 9, 2003 Commissioner Regalado: What are we get in return? Chairman Winton: Well hold on she's right here. She'll tell you. Laura Billberry (Director, Office of Asset Management): Laura Billberry. The item before you is to -- several years ago when the City turned over the water and sewer operations to Dade County, the properties that were being used for those purposes were conveyed also with the deed restriction that if they ever ceased being used for that purpose it would revert back to the City. Carver Middle School has been having issues with safety for the children in drop offs and traffic congestion and they are trying to seek an additional easement or access though the WASA (Water and Sewer Authority) site from Loquat Avenue to Carver Middle School. In order for WASA to be able to do, that they are seeking our consent to a waiver of the reverter to allow us to be able -- them to convey approximately 1.3 acres to Carver Middle School and the new restriction would now apply to Carver Middle School that if they ever cease using it for their school operations, the property would revert back to the City. The deal between -- Chairman Winton: For their school operations or as the -- Ms. Billberry: For an access and drop off. Chairman Winton: Yeah, there's a big difference and I want to make sure that it says that. Ms. Billberry: It's for access and parent drop off lane in ingress. Chairman Winton: And if I may Commissioners, this item has been very contentious with the neighborhood but it is a public safety issue for the children, so I support it wholeheartedly; however, there were two points that the neighborhood demanded which I felt were totally reasonable and that was appropriate landscaping buffer and appropriate noise abatement program for an air conditioning unit that newly installed on a school grounds. I don't think either of those requirements have been completely fulfilled as of this date. Is that correct? Ms. Billberry: Actually the air conditioning, I have been told this morning, has been resolved, and there are two people here from the school -- actually this gentleman, I'm sorry -- Chairman Winton: Well, actually, it's not the school I want to hear this from. I want to hear it from the neighbors in terms of whether or not -- the school's obviously going to tell you it's been resolved, but it's the neighbors that need to say the issue has been resolved, so as a consequence, I would like to support this motion, but it will be subject to the appropriate completion of both of those items. If those items aren't completed within 30 days, then this motion dies. Vice Chairman Teele: Is there anyone here from the neighborhood? Are there any residents here from the neighborhood? Chairman Winton: Will. 60 January 9, 2003 Will Johnson: Good morning. I'm Will Johnson I'm here on behalf of Commissioner Jimmy Morales. I'm his aide, address 3750 South Dixie Highway. I'm not a resident of that particular area but I do represent that area, so I've been over quite a lot. I spoke with the principal. She'll speak in a few minutes, but the air conditioning situation is fixed. They have a permanent structure around it now that is sound proof and she has not had a complaint in over eight months from any of the neighbors and she'll come up and speak to that. Vice Chairman Teele: So you don't object to the restrictions being placed on by Commissioner Winton that is that it must be satisfactory to the neighbors within 45 days. That's going to be on it. Mr. Johnson: Absolutely, it's done. Vice Chairman Teele: Let's recognize the principal. Is there anything else you wanted to say, madam principal? Libia Gonzalez: Good morning. I am Libia Gonzalez. I'm the principal at Carver Middle, and I just hope that you support this. It is basically for the safety of the students. Chairman Winton: Ok, so my motion is as I stated it is subject to within 30 to 45 days maximum completion of the landscaping buffer and noise abatement to the satisfaction of the neighbors and so move. Commissioner Sanchez: Second. Commissioner Gonzalez: Second with conditions. Vice Chairman Teele: All those in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All opposed, have the same right. 61 January 9, 2003 The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 03-34 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSENT AND PARTIAL WAIVER OF RIGHT OF REVERTER, IN SUBSTANTIALLY THE FORM ATTACHED, TO WAIVE THE CITY'S RIGHT OF REVERTER, ON A PORTION OF PROPERTY LOCATED AT 3575 SOUTH LEJEUNE ROAD, MIAMI, FLORIDA ("PROPERTY"), AS DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, CONVEYED TO MIAMI-DADE WATER AND SEWER AUTHORITY ON MAY 27, 1975, PROVIDED THAT (1) THE PROPERTY IS CONVEYED BY MIAMI-DADE COUNTY TO THE MIAMI-DADE COUNTY SCHOOL DISTRICT, AT NO COST, EXCLUSIVELY TO PROVIDE A PARENT DROP-OFF LANE FOR INGRESS TO GEORGE WASHINGTON CARVER MIDDLE SCHOOL, AND (2) AS APPROVED BY THE NEIGHBORS, APPROPRIATE PLACEMENT OF LANDSCAPING WITHIN FORTY-FIVE DAYS FROM THE ADOPTION OF THIS RESOLUTION TO AESTHETICALLY BUFFER THE AIR-CONDITIONING UNIT NEWLY INSTALLED AT THE SCHOOL. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Chairman Winton: Thank you very much. Vice Chairman Teele: Thank you very much. Chairman Winton: 10 was -- Commissioner Regalado: Mr. Chairman just a question to the Manager. What is happening with the rest of the property? WASA is leaving there. Mr. Gimenez: Well, it's still being used by Dade County as we speak. 62 January 9, 2003 Mr. Johnson: I'm sorry. WASA is not leaving the property. Mr. Gimenez: Right. Well, that's what I was about to say, that it's still being used as far as we're concerned, as far as I know. As a matte of fact, I drive by there every day; it's still in use. If at anytime they do vacate the property, the property then reverts back to the City of Miami. It's one of the number of different points of contention that we have with the county. It's one of the things we're trying to negotiate. Chairman Winton: Ok, Item Number 11. Vice Chairman Teele: Mr. Chairman, I'd like to just ask the Attorney at a later date, please explain to me why we couldn't have just granted an easement. Who owns the property now? Mr. Vilarello: WASA, Miami -Dade County. Vice Chairman Teele: Why couldn't WASA just grant the easement and get us to acknowledge it or recognize it? See I'll tell you this. I'm going to be against any removal of reverter clauses coming from WASA unless an until we get some agreements and we keep -- and I realize the school becomes the hostage in this, but we keep everyday, every month we always give the county one more thing one more little thing, and I realize this is not the county. This is the school board, but I don't like the form being presented to us of granting a release of a reverter toward (UNINTELLIGIBLE) because I think it sends the wrong message, so at another date, just tell me why we couldn't just layer something on top of it and not do this. Mr. Vilarello: Neither the county or the City wanted to assume any liability for the traffic going in and out with the school children that's Vice Chairman Teele: That's the short answer? Mr. Vilarello: Yes, sir. Vice Chairman Teele: A liability? 22. SECOND READING ORDINANCE: AMEND SECTION 18-107 OF CITY CODE ENTITLED "CITY OF MIAMI PROCUREMENT ORDINANCE" TO INCLUDE, AS CAUSE FOR DEBARMENT, CONTRACTUAL PARTY WHO HAS DEFAULTED UNDER TERMS OF CONTRACT WITH CITY OR ANY OF ITS AGENCIES AND HAS FAILED TO CURE SUCH DEFAULT. Chairman Winton: Ok, Item Number 11, second reading ordinance. This is on the City of Miami procurement. Commissioner Sanchez: Mr. Chairman Vice Chairman Teele: So who's -- 63 January 9, 2003 Chairman Winton: Related to disbarment. Vice Chairman Teele: I would so move, Mr. Chairman. Chairman Winton: We got a motion. Commissioner Sanchez: Second. Chairman Winton: We got a motion and a second. Commissioner Sanchez: This ordinance was directed by the Bayfront Park Trust, and the reason why it was basically created we have different entities that do business with the City. Somehow they were doing business with Bayfront Park and then when the owe us money, they went some place else and that's when we created this to find way to either bar them or hold accountable the promoters in this situation. Now there is one thing that I want to make very clear and it has been -- I've talked to the Mayor's office on this. MSEA (Miami Sports and Exhibition Authority) did grant -- and I'm not going to name the name of the company I don't thing it's appropriate for me to do that -- but that company was awarded "X" amount of dollars for an event that they're going to do; however, they still do owe Bayfront Park money so what we need to do and we have been assured by the Mayor's staff that that company before they get that grant of whatever that is that they are getting, that they would have to meet their debt requirements with Bayfront Park. Chairman Winton: Well if we ever reorganize MSEA's board, maybe we'll have more communication with them. Ok, any other comments on item number 11? This is a public hearing. Item 11's open to the public. Anyone from the public like to speak? Being none, public hearing's closed. We have a motion and a second. Second reading ordinance. Mr. City Attorney, please read the ordinance. The ordinance was read by title into the public record by the City Attorney. An ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ARTICLE III OF CHAPTER 18, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "CITY OF MIAMI PROCUREMENT ORDINANCE" TO INCLUDE, AS A CAUSE FOR DEBARMENT, A CONTRACTUAL PARTY WHO HAS DEFAULTED UNDER THE TERMS OF A CONTRACT WITH THE CITY OR ANY OF ITS BOARDS, AGENCIES, TRUSTS, AUTHORITIES, COUNCILS, OR COMMITTEES, AND HAS FAILED TO CURE SUCH DEFAULT; MORE PARTICULARLY BY AMENDING SECTION 18-107; CONTAINING A REPEALER PROVISION, AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 64 January 9, 2003 was passed on its first reading, by title, at the meeting of December 12, 2002, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Teele, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12312. Priscilla A. Thompson (City Clerk): The ordinance is adopted on seconding, 5/0. 23. FIRST READING ORDINANCE: AMEND SECTION 2-1144.4 OF CITY CODE ENTITLED "ADMINISTRATIONBOARDS, COMMITTEES, COMMISSIONS/PARKS ADVISORY BOARD," TO PROVIDE FOR: INCREASE IN NUMBERS OF MEMBERS APPOINTED BY COMMISSION FROM (5) TO (10); ELIMINATE DISTRICT ELECTIONS; AND TRANSFER POWER OF APPOINTMENT OF STUDENT REPRESENTATIVE AND BOARD HISTORIAN FROM COMMISSION TO PARKS ADVISORY BOARD. Chairman Winton: Item number 12, an ordinance amending the Parks Advisory Board voting member section. Mr. Ruder, you are recognized. Albert Ruder: Albert Rudder, parks director. This was continued from the last meeting. It's a first reading ordinance and essentially the Parks Advisory Board discussed this item and instead of right now the way the board is structured, is each of you and the Mayor have one appointment and then there's elections and each of your districts for a second appointment. That has not worked very well. The district elects have not been attended, even though they have been promoted, so one of the changes in this ordinance is that instead of you having one appointment, you would have two appointments, and the district elections would be eliminated. Commissioner Sanchez: So one of the reasons is poor turn out. Mr. Ruder: Yes, and there's not too many city boards left that have neighborhood elections like this one. This is something we tried for a couple of years and it's just not working. Then the second change is there was also a student representative designated by the superintendent or the Dade County Public Schools. That also has not worked very well and the change that's being proposed is either a student, a City resident or a professional to be appointed by the board, instead of the way it was before where the student representative will be referred by the superintendent and then you would appoint him. Again we've had a lot of problems in getting a 65 January 9, 2003 student representative and this would just make it more flexible and make the board work better, and the third is that a citizen with professional knowledge of local history, the only change that's being proposed there is since you are going to have an additional appointment your going to each going to have two of you approve this, then the historian would be approved by the board instead of by the Commission. Those are the basic three changes that's being recommended on first reading. Commissioner Gonzalez: Move number 12. Commissioner Sanchez: Second. Chairman Winton: We have a motion and a second this is a public hearing anyone from the public like to comment on this first reading ordinance item number 12? Being none, we'll close the public hearing. Motion and a second. Any further discussion? Being none, all in favor, LL " aye. Alejandro Vilarello (City Attorney): This is an ordinance. Chairman Winton: Oh, I'm sorry. The ordinance was read by title into the public record by the City Attorney. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 11 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATIONBOARDS, COMMITTEES, COMMISSIONS/PARKS ADVISORY BOARD," TO PROVIDE FOR: AN INCREASE IN THE NUMBERS OF MEMBERS APPOINTED BY THE COMMISSION FROM (5) TO (10); ELIMINATING DISTRICT ELECTIONS; AND TRANSFERRING THE POWER OF APPOINTMENT OF THE STUDENT REPRESENTATIVE AND BOARD HISTORIAN FROM THE CITY COMMISSION TO THE PARKS ADVISORY BOARD; MORE PARTICULARLY BY AMENDING SECTION 2-1144.4 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 66 January 9, 2003 was introduced by Commissioner Gonzalez, seconded by Commissioner Sanchez, and was passed on first reading, by title only, by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. The ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): The ordinance is passed on first reading, 5/0. 24. FIRST READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND ENTITLED: "FEMA/ASSISTANCE TO FIREFIGHTERS GRANT AWARD (FY 2002)" FOR FIRE OPERATIONS AND FIREFIGHTER SAFETY, AND APPROPRIATE $362,000, CONSISTING OF GRANT, $253,400, FROM FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) AND MATCHING FUNDS, $108,600, FROM CITY'S CAPITAL IMPROVEMENT PROJECT. Chairman Winton: Ok, Item Number 13, establishment of a special revenue fund, FEMA (Federal Emergency Management Agency) assistance to firefighters grant. This is acceptance of a grant. Commissioner Sanchez: So move, Mr. Chairman. Commissioner Gonzalez: Second. Chairman Winton: And it's also first reading, which is not a public hearing, I understand, right? So we have a motion and a second. Read the ordinance, please. Roll call, please. The ordinance was read by title into the public record by the City Attorney. 67 January 9, 2003 An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "FEMA/ASSISTANCE TO FIREFIGHTERS GRANT AWARD (FY 2002)" FOR FIRE OPERATIONS AND FIREFIGHTER SAFETY, AND APPROPRIATING FUNDS FOR THE OPERATION, IN A TOTAL AMOUNT OF $362,000, CONSISTING OF A GRANT, IN THE AMOUNT OF $253,400, FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) AND MATCHING FUNDS, IN THE AMOUNT OF $108,600, FROM CITY OF MIAMI CAPITAL IMPROVEMENT PROJECT NO. 313304, ACCOUNT NO. 289401.6.840, FUNDED BY THE FIRE ASSESSMENT FOR THE PERIOD STARTING NOVEMBER 15, 2002; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS ACCEPTING THE GRANT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Sanchez, seconded by Commissioner Gonzalez, and was passed on first reading, by title only, by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. The ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): The ordinance is passed on first reading, 5/0. 25. FIRST READING ORDINANCE: AMEND SECTION 11.5-3(D)(1) OF CITY CODE ENTITLED "CIVILIAN COMPLAINT INVESTIGATION AND REVIEW" TO PROVIDE EXCEPTION TO REQUIREMENTS OF RESIDENCY, PROPERTY OWNERSHIP, AND WORKING OR MAINTAINING BUSINESS IN CITY AS IT RELATES TO APPOINTMENT MADE BY CHIEF OF POLICE TO CIVILIAN INVESTIGATIVE PANEL. Chairman Winton: Item Number 14 is also a first reading ordinance, and it is -- Mr. Manager, would you like to speak to this? 68 January 9, 2003 Carlos Gimenez (City Manager): Yes, sir. This concerns the one appointment that the Chief of Police has to the Civilian Investigative Panel. He would like to -- right now, the requirements say that he either has to own a business or reside within the City, and the Chief would like to expand that so that it's not limited to that. I think it's a question of the availability of, maybe, law enforcement personnel that he may like to appoint to that, having to live in the City. Chairman Winton: Is this the new Chief's recommendation? Mr. Gimenez: Yes, it is. Chairman Winton: OK. Thank you. Commissioner Sanchez: And why is that? We can't find a person who meets those requirements in the City? Or he just wants to bring his own person from the outside? Mr. Gimenez: Well, I think what it is is that -- you know, he can speak to it on his -- Commissioner Sanchez: Chief. Mr. Gimenez: Yeah. Go ahead, Chief. Chairman Winton: Chief. Commissioner Sanchez: Step up to the mic. Mr. Gimenez: This will be his first grilling. Here we go. Chief John Timoney (Chief of Police): Good morning. Commissioner Sanchez: Welcome to the City of Miami. Chairman Winton: Name and address, please. Or, at least, name. Commissioner Sanchez: For the first Commission meeting. Chairman Winton: For the record. Mr. Timoney: John Timoney, Chief of Police for the City of Miami. Commissioner Sanchez: Why is that, Chief? Mr. Timoney: Good morning. Commissioner Sanchez: Why are you asking for this requirement? 69 January 9, 2003 Mr. Timoney: Ideally, you would get the next law enforcement person that lives in Miami. Ideally. However, what you're looking for, first and foremost, is probably the most qualified, somebody with experience, lengthy experience in law enforcement. And so, like anything else, the wider you can throw the net, in this case, going outside the City, maybe, to some of the surrounding townships, or Miami Beach or something like that, where you may find some former high-ranking law enforcement that's retired. Generally, that's the way to go. I know in my past experience in New York City, where the Police Chief has three appointments, all three appointments there are former, either Police Commissioners or First Deputy Commissioners from New York City. And so, it's with that rationale in mind -- obviously, if we had that person that resides in the City, that would -- if it was a tiebreaker, clearly, you go with City residents. But I think, first and foremost, we're looking for the most qualified, with the most vast experience in policing. Commissioner Sanchez: OK. Chairman Winton: OK. Need a motion. Commissioner Sanchez: So moved. Chairman Winton: We have a motion. Need a second. Commissioner Regalado: I'll second it. Chairman Winton: We have a motion and a second. Any further discussion on this issue? Read the ordinance, please. Commissioner Regalado: Just a question. Mr. Chairman, just a question. Chairman Winton: Yes, sir. Mr. Timoney: Yes, sir. Commissioner Regalado: If we are going to -- this is only a technical thing. Mr. Timoney: Yeah. Commissioner Regalado: If we are going to appoint our members -- and. hopefully, the Mayor will be doing that on the 23rd -- would we have to wait for this appointment -- for this ordinance to be officially, until the panel functions, or they can start their meeting without the Chief's appointment, in case he needs this ordinance to do the appointment? Alejandro Vilarello (City Attorney): They can start their work as soon as this City Commission appoints enough members to satisfy the quorum requirements. Commissioner Regalado: But the Chief is aware that this will take like 45 days or more? 70 January 9, 2003 Mr. Vilarello: No. This can -- depending on the advertising requirements, if we can make it before the 23rd, it can be back for second reading on the 23rd. City Clerk's Office is advising me that we can make the advertising requirements. Commissioner Regalado: OK. Chairman Winton: Good question, though. OK. Read the ordinance, please. Mr. Vilarello: For the City Clerk, I will be amending the title as I read it. Chairman Winton: Roll call, please. Priscilla A. Thompson (City Clerk): The ordinance is passed on first reading 5/0, as modified. The ordinance was read by title into the public record by the City Attorney. An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 11.5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "CIVILIAN COMPLAINT INVESTIGATION AND REVIEW" TO PROVIDE AN EXCEPTION TO RESIDENCY, PROPERTY OWNERSHIP, AND WORKING OR MAINTAINING A BUSINESS IN THE CITY OF MIAMI REQUIREMENTS AS IT RELATES TO THE APPOINTMENT MADE BY THE CHIEF OF POLICE TO THE CIVILIAN INVESTIGATIVE PANEL; MORE PARTICULARLY BY AMENDING SECTION 11.5-3 (D) (1) OF THE CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by commissioner Winton, seconded by Commissioner Regalado, and was passed on first reading, by title only, by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Priscilla A. Thompson (City Clerk): The ordinance is passed on first reading, 5/0, as modified. 71 January 9, 2003 26. RATIFY, APPROVE AND CONFIRM BAYFRONT PARK MANAGEMENT TRUST'S EXECUTIVE DIRECTOR'S FINDING OF EMERGENCY, WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND AWARD CONTRACT TO GANCEDO TECHNOLOGIES, FOR RE-PULL OF MAIN POWER TO MILDRED AND CLAUDE PEPPER FOUNTAIN AND PUMP HOUSE AT BAYFRONT PARK, $96,400. ALLOCATE FUNDS FROM BAYFRONT PARK MANAGEMENT TRUST CAPITAL IMPROVEMENT BUDGET. Chairman Winton: Item number 15 is an emergency resolution? Ordinance -- resolution requiring a 4/5th vote and ratification. I'd like to make a comment about this before we go further. In this packet there are 16 emergency procurement resolutions, 16. There's no question that there are emergencies in our City, which is the reason why this whole process has been created because you have to have a mechanism when you have an emergency you got to deal with an emergency, and I'm going to speak in particular to fire when we get to that point, but 16 emergency resolutions on procurement and this one doesn't, the one that's in front of us absolutely meets the requirement of an emergency where somebody had to take an action and solve the problem. This one does, so I'm not picking on this one but I am talking from a management standpoint to the Manager and staff and department heads that 16 of these resolutions is clearly denigrating the process that we've created to deal with emergencies and from my view as Chairman, directing this agenda, we got to fix this problem, and while I'm going to go -- I've already been through them and when the fire chief, when we get to the fire things we're going to talk a little bit about fire in particular. Ok, Item Number 15, I need a motion. Commissioner Sanchez: So moved. Commissioner Gonzalez: Move 15. Chairman Winton: We have a motion. Commissioner Sanchez: Second. Chairman Winton: And a second this is a resolution any further discussion on 15? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. 72 January 9, 2003 The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-35 A RESOLUTION OF THE MIAMI CITY COMMISSION RATIFYING, APPROVING AND CONFIRMING THE BAYFRONT PARK MANAGEMENT TRUST'S EXECUTIVE DIRECTOR'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND AWARDING A CONTRACT TO GANCEDO TECHNOLOGIES, FOR THE RE- PULL OF MAIN POWER TO THE MILDRED AND CLAUDE PEPPER FOUNTAIN AND PUMP HOUSE AT BAYFRONT PARK, IN AN AMOUNT NOT TO EXCEED $96,400. ALLOCATING FUNDS FROM THE BAYFRONT PARK MANAGEMENT TRUST CAPITAL IMPROVEMENT BUDGET. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 27. A RESOLUTION ESTABLISHING AND AUTHORIZING CERTAIN ALLOWABLE LAND ACQUISITION AND ADMINISTRATIVE CHARGES FOR CAPITAL IMPROVEMENT PROJECTS OF THE CITY. Chairman Winton: Sixteen. Commissioner Sanchez: So moved, Mr. Chairman. Vice Chairman Teele: Second. Commissioner Regalado: Mr. Chairman? Chairman Winton: Yes, sir. Commissioner Regalado: I think it's very good that the CIP (Capital Improvement Program) could work for other agencies, but I don't see on the background the land acquisition. Do they have something in mind? I don't -- well, what is this? 73 January 9, 2003 Chairman Winton: Land acquisition, you said? Commissioner Sanchez: Four percent for land acquisition. Chairman Winton: For 16. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: If I may, what they've done is they've given us the administrative costs -- first of all, this is all related to the 255 bond issue. Commissioner Regalado: Right. Vice Chairman Teele: They've given us just a breakdown of the administrative costs. So, we won't go around saying we're going to build a hundred dollar ($100) playground when, in fact, the playground's going to cost a hundred dollars ($100), but the hard costs may only be 82,000, depending upon all of that. So, it's still -- it doesn't change the numbers, but it gives us a more realistic expectation of their overhead. It also serves, I think, to put the brakes on a bloated agency -- and I'm not suggesting that it's bloated, at all. To the contrary -- but before it does become bloated, so that we don't get into a situation like the School Board was in back in 1990, where they wound up -- say again. Unidentified Speaker: School Board still is. Vice Chairman Teele: -- where they wound up with an agency that had so much bloat that they softened -- other costs were eating up the whole hard dollar amount. As it relates to land acquisitions, I can tell you that on one bond item, which is the Little Haiti Park, it is envisioned in my mind that 75 to 80 percent of the cost of that bond will be in land acquisitions. I can only speak for that one item. Commissioner Regalado: I'm done. Chairman Winton: OK. Any further discussion on this? Commissioner Sanchez: Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Sanchez: This resolution basically will keep the projects on budget. I think that's something that, in the past, if you look at the past, some of the projects, they started off with "X" amount of dollars and they went over budget, and that was the reason why we couldn't do it. So, I think -- you know, I support this resolution. 74 January 9, 2003 Chairman Winton: Did someone -- Commissioner Gonzalez: Move 16. Chairman Winton: All right. We have a motion and a second on 16. Any further discussion? Being none, all in favor "aye." The Commission (Collectively): Aye. Grady Mohammad: Mr. Chair. Chairman Winton: Like sign, opposed. Motion carries. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 03-36 A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING AND AUTHORIZING CERTAIN ALLOWABLE LAND ACQUISITION AND ADMINISTRATIVE CHARGES FOR CAPITAL IMPROVEMENT PROJECTS ("CIP") OF THE CITY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE INTERLOCAL AGREEMENTS TO ENABLE CIP PROGRAM PERSONNEL TO PERFORM DESIGN AND CONSTRUCTION MANAGEMENT SERVICES FOR THE DOWNTOWN DEVELOPMENT AUTHORITY, MIAMI SPORTS AND EXHIBITION AUTHORITY, VIRGINIA KEY BEACH PARK TRUST, COMMUNITY REDEVELOPMENT AGENCY AND THE MODEL CITY HOMEOWNERSHIP TRUST. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Mr. Mohammad: Mr. Chair. 75 January 9, 2003 Chairman Winton: Who's -- yes, sir. Mr. Mohammad: Good morning. How you're doing? This is a public hearing, am I correct? Chairman Winton: Not that I know of Is it? Unidentified Speaker: It's a resolution. Item 16. Chairman Winton: It's a -- Alejandro Vilarello (City Attorney): Item 16 is not a public hearing. Chairman Winton: It is not a public hearing. Would you like to comment very briefly? Mr. Mohammad: Yes, I would. Vice Chairman Teele: I'd like to hear his comments, Mr. Chairman. Mr. Mohammad: Yes, sir. Mr. Chairman -- Chairman Winton: I was recognizing him. Yes, sir. Mr. Mohammad: Grady Mohammad, Associate President of Greater Miami (UNINTELLIGIBLE), 1730 Biscayne Boulevard, Suite 201, Miami, Florida 33132. As a resident of Model City that lives there at 1736 Northwest 53rd Street, I'm a little disturbed as relates to the allocation of CIP (Capital Improvement Program) dollars, specifically for the Model Cities Trust, for this specific purpose, because, if we're going to give a trust, this -- this is not funds that's going to be allocated as relates -- because at the bottom it says Model City Trust, Mr. Chairman Mr. Manager. Vice Chairman Teele: This has -- Chairman Winton: What? Vice Chairman Teele: This does not allocate any funds to Model City Trust. There is an ordinance -- there is a resolution in here relating to Model City Trust, and I think it's Number 19 or -- -- Chairman Winton: Yeah. It isn't this one. Vice Chairman Teele: -- wherever it is. Carlos Gimenez (City Manager): What it does is, it says that those projects that are -- correct me if I'm wrong, Janet -- that those projects that are coming from the bond going to the Model City Trust or MSEA (Miami Sports & Exhibition Authority) or wherever it goes -- they go, that these are the administrative charges that are allowable, correct? 76 January 9, 2003 Janet Palacino (Director, Capital Improvement Projects): That is correct. If we perform work -- we, as the Department of Capital Improvements for the City of Miami -- perform work for arms of the City, including the Model City Trust, these administrative fees are imposed, as well as all other City projects. Mr. Mohammad: I'm not against that. But to a great extent related to -- is it, may I ask, ma'am, related to the services and things that's going to be done, such as sidewalk and things like this, and these funds are going to be allowed, shouldn't, to an extent the Trust also have -- because you all are going to be in charge of the whole budget. And by doing that, you all are going to be in charge of making sure who -- as relates to bidding, who can get these contracts and engineering services. The reason why I'm saying that, because most black contractors are not on the City of Miami's list. So, when they're going on piggy backing on existing contracts and the CIP is not going to actually do the work, they're going to subcontract the work out. I want to ensure black contractors have an opportunity to be able to get some of this work. I don't want dollars to be allocated to Model City or to the Trust and then, unfortunately, the Trust can't determine how they spend their own money. That's my point, Mr. Chairman, Commissioner. And that's all I have. Chairman Winton: Commissioner Teele, can you shed some light on that? Vice Chairman Teele: The Attorney can. Mr. Mohammad: No? Vice Chairman Teele: I mean -- Chairman Winton: OK, fine. Vice Chairman Teele: What we're dealing with now is totally unrelated to the gentleman's concern. Chairman Winton: I understand. Vice Chairman Teele: He has a very well-founded concern, but it has nothing to do with this. Chairman Winton: With this item. Vice Chairman Teele: This establishes upper limits of percentages of costs, and these costs do relate to the CIP, but they also relate to any other City agency, such as -- Chairman Winton: But not at all on this issue. Vice Chairman Teele: -- Virginia Key Trust, CRA (Community Redevelopment Agency), Model City Trust, DDA (Downtown Development Authority). It establishes one uniform, and it says you cannot pay more than four percent, as an example, for soft costs of land acquisitions, 77 January 9, 2003 for soft costs. It says you can't pay more than 15 percent for construction management services. So it has nothing to do with the concern that you're raising at this time. However, there is another item on this agenda that you might wish to voice those concerns. Mr. Mohammad: What is that, Chairman Teele? Vice Chairman Teele: I thought it was 19. Ms. Palacino: Nineteen is the item that was pulled. It's Item 19. Commissioner Gonzalez: Nineteen was deferred, Commissioner, or withdrawn. Vice Chairman Teele: There's an appropriation. Where's your appropriation -- Ms. Palacino: That was under 19, which is the item that was pulled, that we're going to discuss at the workshop. Vice Chairman Teele: OK. So, that item was pulled. So it will be available at a workshop. Mr. Mohammad: But if I may finish up, Mr. Chair? Chairman Winton: Quick, though. Mr. Mohammad: I would like -- because I've seen a lot of things, specifically relating to pocket items, in the Trust and the changing of the interlocal agreement, and authorizing related to particularly the District 5 Commissioner, where previously the Manager had the authorization for the appointments of the board members. Now that will be between the Manager and the District 5 Commissioner, where pocket items, I think, were trying to allocate where the District 5 Commissioner had the sole authority to appointments of the board. I would like just to put that on the record. Because we have a Trust, we have a Board, please let them do a good job. Thank you. Chairman Winton: Thank you for your comments. OK. This was a resolution. Did I call the question? Priscilla A. Thompson (City Clerk): You did. Chairman Winton: Did we vote? Ms. Thompson: Yes, it's already been voted on. Chairman Winton: OK. Thank you. 78 January 9, 2003 28. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE REQUIREMENTS FOR FORMAL BIDS, AND AWARD CONTRACT TO GANCEDO TECHNOLOGIES, INC. FOR PROJECT ENTITLED "GIBSON PARK SPORTS LIGHTING SYSTEM REPAIRS, B-6410", TOTAL CONTRACT COST $116,743.15; ALLOCATE FUNDS FROM SAFE NEIGHBORHOOD PARKS BOND PROGRAM. Chairman Winton: 17. Vice Chairman Teele: So move, Mr. Chairman. Commissioner Gonzalez: Second. Chairman Winton: Motion and second on 17 lets see here resolution again? So we have a motion and second on 17. Any further comments? This requires a 4/5 vote because it's ratifying an action of the Manager. No further discussion. All those in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion, do we have four? Yes, we have four, so motion carries. The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 03-37 A RESOLUTION OF THE MIAMI CITY COMMISSION RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR FORMAL BIDS, AND AWARDING A CONTRACT TO GANCEDO TECHNOLOGIES, INC. FOR THE PROJECT ENTITLED "GIBSON PARK SPORTS LIGHTING SYSTEM REPAIRS, B-6410", CAPITAL IMPROVEMENT PROJECT NO. 331341; FOR A PROPOSED AMOUNT NOT TO EXCEED $101,081, PLUS $15,662.15 FOR ESTIMATED EXPENSES, AS APPROVED BY THE CITY MANAGER, FOR AN ESTIMATED TOTAL CONTRACT COST OF $116,743.15; ALLOCATING FUNDS FROM THE SAFE NEIGHBORHOOD PARKS BOND PROGRAM. 79 January 9, 2003 Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado 29. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY AND AUTHORIZE INCREASE IN CONTRACT AWARDED TO H & R PAVING, INC., ($10,000, FROM $113,246.65 TO $123,246.65, FOR ADDITIONAL WORK ON PROJECT ENTITLED "OMNI AREA PAVING PROJECT, B-4641," ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROJECT. Chairman Winton: Item 18. Commissioner Sanchez: So move, Mr. Chairman. Commissioner Gonzalez: Second. Chairman Winton: Emergency paving project, also requires a 4/5 vote and this is just increasing the amount that goes to the contractor. Any further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. 80 January 9, 2003 The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-38 A RESOLUTION OF THE MIAMI CITY COMMISSION RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY AND AUTHORIZING AN INCREASE IN THE CONTRACT AWARDED TO H & R PAVING, INC., (HISPANIC/MIAMI- DADE COUNTY VENDOR, 1955 N.W. 110TH AVENUE, MIAMI, FLORIDA) PURSUANT TO RESOLUTION NO. 01-1284, IN AN AMOUNT NOT TO EXCEED $10,000, FROM $113,246.65 TO $123,246.65, FOR ADDITIONAL WORK ON THE PROJECT ENTITLED "OMNI AREA PAVING PROJECT, B-4641," ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROGRAM PROJECT NO. 311010. Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado Vice Chairman Teele: When is the workshop scheduled? Chairman Winton: 19 has been pulled. We decided that we would determine. you would look at your schedules during the lunch break and we would make that determination immediately upon return from lunch. 19 has been pulled. 30. ESTABLISH OCCUPATIONAL LICENSE EQUITY STUDY COMMISSION FOR PURPOSE OF RECOMMENDING REVISIONS TO OCCUPATIONAL LICENSE TAX RATE STRUCTURE AND RECLASSIFICATIONS OF BUSINESSES, PROFESSIONS, AND OCCUPATIONS. Chairman Winton: Number 20, proposed resolution equity study Commission. Vice Chairman Teele: So move, Mr. Chairman. Commissioner Sanchez: Second. 81 January 9, 2003 Chairman Winton: We have a motion and second. I have to read this because I have a note here. OK, so this is simply to set up the Commission which is required by law? Alejandro Vilarello (City Attorney): It's required bylaw before you can adjust any occupational license fees. Chairman Winton: And who's going to determine who the members of this Commission are? Ok, fine. Ok, so we have a motion and a second. Further discussion? Being none, all in favor, aye. The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 03-39 A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING AN OCCUPATIONAL LICENSE EQUITY STUDY COMMISSION FOR THE PURPOSE OF RECOMMENDING REVISIONS TO THE OCCUPATIONAL LICENSE TAX RATE STRUCTURE AND RECLASSIFICATIONS OF BUSINESSES, PROFESSIONS, AND OCCUPATIONS IN ACCORDANCE WITH CHAPTER 205 OF THE FLORIDA STATUTES. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado 82 January 9, 2003 31. FAILED: PROPOSED RATIFICATION OF MANAGER'S FINDING OF EMERGENCY TO ACCEPT BID OF GYM SOURCE MIAMI, INC., FOR PROCUREMENT OF 15 STAIRMASTER STEPMILL 7000 PT AND 14 STAIRMASTER CLUB TRACK 612 TREADMILLS, FOR FITNESS PROGRAM FOR DEPARTMENT OF FIRE -RESCUE. FAILED: PROPOSED RATIFICATION OF MANAGER'S FINDING OF EMERGENCY TO AWARD CONTRACT TO WEISS & WOOLRICH SOUTHERN ENTERPRISES, INC. FOR DEPARTMENT OF FIRE -RESCUE, FOR ACQUISITION OF ROOFS REPLACEMENT. FAILED: PROPOSED RATIFICATION OF MANAGER'S FINDING OF EMERGENCY TO AUTHORIZE INCREASE IN CONTRACT AMOUNT WITH ELITE FIRE & SAFETY EQUIPMENT, INC. FOR PURCHASE OF FIREFIGHTING HOSES, FOR DEPARTMENT OF FIRE -RESCUE. FAILED: PROPOSED RATIFICATION OF MANAGER'S FINDING OF EMERGENCY TO AUTHORIZE ACQUISITION AND CONSTRUCTION OF MOTOROLA EQUIPMENT ROOM FOR DEPARTMENT OF FIRE -RESCUE FROM R.L. FENTON CONSTRUCTION. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND AUTHORIZE LEASING OF TWO 24' X 60' MODULAR TRAILERS FROM GE CAPITAL MODULAR SPACE FOR TEMPORARY FIRE STATIONS FOR DEPARTMENT OF FIRE - RESCUE $64,713 FOR EACH TRAILER; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROJECT. Vice Chairman Teele: Mr. Chairman, I would like to skip over the items related to the emergencies in the fire and have a full board of five people, and take up Item 26. Chairman Winton: I'm sorry, what did you just say? Vice Chairman Teele: I would like to skip over, not defer, but just skip over the emergency items that you alluded to we've got about five of them. Chairman Winton: 21 through 25. Vice Chairman Teele: I'd like to move Item 26. That's the next one after that. Chairman Winton: Well, we have a full board in front of us, Commissioner Teele. Vice Chairman Teele: Oh, do we? Chairman Winton: So you still want to, all of us are here, so on item -- and I would like to take up Items 21 through 25 at the same time. Is the chief here? Chief William Bryson (Fire -Rescue Department): Yes. 83 January 9, 2003 Chairman Winton: Procurement of treadmills, step mills, exercise equipment, replacement of a roof maybe contract increase would provision of fire fighting hoses, but acquisition of additional equipment and the modular trailers and I probably we probably -- need some clarification on modular trailers, so 21 through 24, you know frankly maybe the roof one might have qualify as an emergency but I don't understand at all how these are emergency items. I don't understand how this isn't a part of an annual plan that you put together every year that ought to be put in a process where you go through the same process, everyone else is required to go through and come through those normal channels as opposed to be classified as an emergency. Chief Bryson: Well, I'd be happy to explain, sir. Chief Bryson, the fire chief. First of all, the first one that you see is probably the one that would kind of perk you up the most which is the purchase wellness and fitness equipment. That process is not a waiving of competitive bidding. It was formally bid. The problem was we had a grant from the federal government. If we didn't accept the bid in time, we had to return the funds back to the federal government, so the emergency was to accept the award. It was not to waive any competitive bidding. Chairman Winton: Good answer. Chief Bryson: The next one is on the roofs and I think you said that you've accepted that. The Manager's always said that roofs are an emergency when they're leaking severely, so he gave us one on that. Chairman Winton: But let me make a point about that. You know when roofs are failing. They don't just spontaneously fail. Chief Bryson: That's true, sir, and we have a schedule that's laid out for the future. This thing has been pending for a while, but station 3 and the credit union and we do have a schedule laid out for the next five years for roof replacement and everything else. Chairman Winton: Well, lets get him through the process. Yes, Commissioner Gonzalez. Carlos A. Gimenez (City Manager): Commissioner, I'm going to -- on roofs it is a standing to all department director any roof that leaking, I want it fixed and I want it fixed right away. Chairman Winton: This is more than fixing, yes, sir Commissioner Gonzalez: And I also agree with that a hundred percent. The only thing that I had a question with, we must have, I don't know, 50, 60 roofing companies in the City of Miami which are local vendors, minorities, not minorities, but they're all City of Miami, and these are companies that are paying our taxes, are paying our license, our fees, our permits, the whole nine yards, and I can't understand why we have to go outside the City of Miami, outside Dade County to find a roofing company to do a roof, and I -- let me tell you, I really have some concerns with that, because we have a lot of unemployment here. We have a lot of people crying for jobs and whenever we have an opportunity to provide jobs, we go somewhere else, and this company that they're paying taxes in the City. 84 January 9, 2003 Chairman Winton: Chief, can you answer that request? Chief Bryson: I'll have to answer it from the hip, sir. I agree with you a hundred percent. We did go out to six companies. It was a specific type of roof that we wanted. It was a sonner-filled roof, which is a torch down type of roof and I don't know, and I would have to go check and come back to you, Commissioner, and I could let your office know whether or not some local vendor could provide it. I'm sure that in the future we will go out and I'll make sure that there is Chairman Winton: Would you bring that report back to the full Commission at the next meeting in terms of how you decided who the six qualified vendors were and -- because I couldn't agree with Commissioner Gonzalez more. We all up here agree that we shouldn't pay more for services if it's a local vendor, but we also feel strongly that we really need to go out of our way to recruit local contractors to do the work in the City of Miami for all the reasons that he discussed so we'd like you to really redouble your efforts in that regard. A lot of money here could help a lot of people and most of these local contractors, by the way, hire local people, so it's more than just the fees and everything. It's about real jobs, so bring that report back to us. Thank you. Chief Bryson: I understand. It's been noted. Chairman Winton: Number -- ok, so we're finished with roofs. Chief Bryson: 23. Chairman Winton: Fire hoses. No, we haven't voted. Chief Bryson: At the new emergency operations center down at our training center in Coconut Grove. Chairman Winton: It's for hoses. Chief Bryson: Oh, I'm sorry, sir. This was a situation we had with a tropical storm where we had our hoses replaced and bought more hoses, FEMA (Federal Emergency Management Agency) would reimburse us for the hoses, so we had to get it done within a certain period of time in order to get the money given back to the City because we use it to pump flooding areas from the City and we ruined five -inch hoses because cars ran over them. Chairman Winton: Well that's an interesting question, because now there's two issues here, where you said we had to do it by a certain amount of time ore we lose the money. How much advance notice do we get on these kinds of things? Chief Bryson: Well, in this case, I don't know if there was deadline about losing the money. What I'm saying is that for a FEMA reimbursement, because it was a flooding situation, we had opportunity there. Otherwise, we would eat the cost of those hoses and in this case so we went forward that way. 85 January 9, 2003 Chairman Winton: Ok, good, fine. Motorola equipment. Chief Bryon: I'm sorry, the next one is 24, the one that I was on the Motorola room. Vice Chairman Teele: Did we act on 23? Chairman Winton: No, I haven't acted on any of them yet. He's just explaining why there -- Chief Bryson: On 24, is a room down at the training center. We're trying to get the EOC (Emergency Operations Center) up and running there. I've been beating my head against the wall pushing to get it to happen and we had one glitch and that is a room that needs to be in place before everything else can happen there, so we had to go to the Manager and ask him if he'd fine an emergency so that we didn't get held up for another year trying to get our emergency operation center open. Chairman Winton: Ok, chief. Chief Bryson: It also saves us money, sir, $200,000, that if they ended up putting the equipment down at the alarm office and had to move it again, it would have cost us that amount of money. Chairman Winton: Well, just understand, though, we got to watch this carefully and planning is better and non -emergencies are better. I would like to have a motion on 21, 22, 23, and 24 as one motion. Commissioner Sanchez: Move. Chairman Winton: He's explained the issues here so and then we'll bring up 25 so. No not 25 cause we're going to, I want to discuss that. We have a motion on 21, 22, 23, and 24, which are all emergency ratification we need a second. Commissioner Gonzalez: Second. Commissioner Sanchez: Second. Chairman Winton: We have a motion and a second on 21, 22, 23, and 24. Further discussion? Pricilla A. Thompson (City Clerk): I'm sorry. I need to know who's the maker of the motion. Commissioner Sanchez: I'll make the motion. Chairman Winton: Yeah, you did, didn't you? That's what I asked. I said you were seconding the motion. Who made the second? Commissioner Gonzalez: I seconded. 86 January 9, 2003 Commissioner Regalado: Excuse me, Mr. Chairman. Are we voting yes or no in all these motions? Chairman Winton: Yes. Commissioner Regalado: On one vote? Chairman Winton: Yes. Commissioner Regalado: Ok, because I -- Chairman Winton: Unless you want to pull one of those out of there? Commissioner Regalado: No, no. Chairman Winton: Ok, so we have a motion and a second on 21, 22, 23, and 24, and it requires a 4/5th vote. No further discussion. All those in favor, "aye." Certain Commissioners: Aye. Commissioner Regalado: No. Chairman Winton: Like sign, opposed. Motion -- Commissioner Sanchez: 3-2. Chairman Winton: Carries. The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION FAILED Upon being seconded by Commissioner Gonzalez, the motion was failed by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado ABSENT: None. Commissioner Regalado: No, it doesn't. 87 January 9, 2003 Commissioner Sanchez: No, it doesn't. Chairman Winton: There's four. Oh, who are the two no's? Commissioner Regalado: I was a no. Chairman Winton: You were a no. Who else was a no? Commissioner Teele was a no? Commissioner Sanchez: So it fails. Vice Chairman Teele: Mr. Chairman, I will vote for this when we get a thorough answer. I want to see the dates of each of these FEMA grants, when the FEMA grant came in, and how long we had, because you see I don't know the answer so I'm not going to get into a whole lot of questions because I don't believe in asking questions if you don't know the answers, but my gut is this sounds good but the facts are going to be a little bit different, so I want the opportunity to be make sure the chief has the opportunity to prove my gut wrong, so I just want a detailed report on each of these FEMA grants, et cetera. I also want the procurement officer to look through the computer of the state equipment and other equipment in Florida, Miami -Dade County at the time these items were being bid and determine whether or not there was anything on a state bid list and specifically I want the City procurement officer to explain to me why we went out and got a vendor out of the county when we have a miscellaneous bid list for construction projects of less than $50,000 in which that was not used, so that's the reason why. I just want a thorough written explanation. I don't want to have a heated going back and forth about it. Chairman Winton: So the motion on those four items failed and there's a directive to the City Manager and the Chief to bring back that information to not only Commissioner Teele, but the full Commission because I'm sure we're all going to be interested in that. Item number 25. Chief, would you like -- Commissioner Regalado: Mr. Chairman, the reason I voted is because we voted on all of them. I would have voted no only on 22 because I don't understand how can a roofing company cannot be found in Miami -Dade County and only in Deerfield Beach. Chairman Winton: Well, I think Commissioner Teele's comments were appropriate as well, and the fact of the matter is they all failed, so Item Number 25. Vice Chairman Teele: I move item 25. Chairman Winton: We have a motion. I don't hear a second. Commissioner Sanchez: Second for the purpose of discussion. Chief, where are they stationed out of? One is stationed at Shenandoah Park. Where's the other one? Chief William Bryson (Fire -Rescue Department): The other one is stationed on, what street is that? Well right now they're stationed at 9 but the temporary quarters are going to be on 82nd Northeast 2nd Avenue. 88 January 9, 2003 Commissioner Sanchez: How long do we anticipate before we build those fire stations? In other words, how long will they be in these trailer homes? Chief Bryson: In these that they're approving here the double wides for up to three years and we are still trying our darnest to acquire the land for those fire stations, so it's going to be a little while. Commissioner Sanchez: So we have not, have we entered negotiation to buy the land or? Chief Bryson: We have done an extensive search and we've entered negotiations with various people and it seems like the price always keeps going up as soon as they know it's the City and we've even looked at the areas of eminent domain. Commissioner Sanchez: Ok, so we're looking at possibly 3 years before we're able to build the fire station. Chief Bryson: Yes, but that's why want to temporarily house them in those areas that you all designated them to be in. Chairman Winton: And you're going to have fire trucks there and personnel and everything? Chief Bryson: Yes, sir. Chairman Winton: Ok. Vice Chairman Teele: This was, Commissioner Sanchez moved that the appropriations for this, and I think again, if we say we're going to do something, I was very uncomfortable moving forward with the item and earmarking this kind of money. This is about a -- how much is this a hit on our annual operating budget? To create these two stations, wasn't it $2,000,000? What was the amount you moved? Chairman Winton: Some big numbers. Mr. Gimenez: The operating budget? With those stations, you got two rescues, right, chief? You got two rescues? Chief Bryson: Yes two rescues 1.2 million recurring for cost of personnel. Vice Chairman Teele: But the point is that we had a long discussion on this. I really didn't agree, but if we say we're going to do it, then the City's in on the hook and we ought to get it done. Commissioner Sanchez: I agree with you. You cant put a price on saving anybody's life. I'm just looking at in on a long-term, short-term basis. I want to know if it's going to be a year from now or whatever amount and they can stay where they're at because we're looking at an 89 January 9, 2003 investment here of not to exceed $129,000 almost $130,000. If we're looking at three years down the line, I'm all for it. We don't want to buy these trailers and then have to turn around and probably sell them or you'll be back in this Commission trying to donate it to a non-profit organization. Vice Chairman Teele: But I also think, Joe, the reason we should do this is, this gives the fire department and the staff the time to do this in a deliberate way and because anytime you rush something, you pay a premium and -- Commissioner Sanchez: By no means do I want to rush this. I just asked an intelligent question as to how long it was going to be there to analyze the cost as to the time that they're going to be there looking at depreciation and look at other factors that fall in place. I'm ready to make the motion to support this item. Mr. Gimenez: Commissioner, speaking from experience, even if we had the piece of property, which we don't, it would take you a good nine months to a year to award a contract to an architect have it designed, et cetera, before even -- and then you'd have to go out and get it bid on. You're not even begin construction for at least a year to a year and a half. Commissioner Sanchez: We just delayed the process by throwing out the bid and starting again, which I'm all for it. I mean, let's do it right, so -- Chairman Winton: Ok, we have a motion and a second on 25. Do we have any further discussion on 25? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. 90 January 9, 2003 The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-40 A RESOLUTION OF THE MIAMI CITY COMMISSION RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND AUTHORIZING THE LEASING OF TWO 24' X 60' MODULAR TRAILERS FROM GE CAPITAL MODULAR SPACE, FOR A PERIOD OF THIRTY-SIX MONTHS, FOR TEMPORARY FIRE STATIONS FOR THE DEPARTMENT OF FIRE -RESCUE FROM GE CAPITAL MODULAR SPACE, FOR A PERIOD OF 36 MONTHS, IN AN AMOUNT NOT TO EXCEED $64,713 FOR EACH TRAILER, FOR A TOTAL AMOUNT NOT TO EXCEED $129,426; AUTHORIZNG THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH GE CAPITAL MODULAR SPACE FOR SAID PURPOSE; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 313306, ACCOUNT CODE NO. 289307.6.830, FUNDED BY THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BONDS. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 32. AUTHORIZE ACQUISITION OF NEW AND REPLACEMENT SERVER HARDWARE, NETWORK EQUIPMENT, ASSOCIATED SOFTWARE, PERIPHERALS, INSTALLATION AND MAINTENANCE SERVICES CITYWIDE FOR DEPARTMENT OF INFORMATION TECHNOLOGY, FROM VARIOUS VENDORS, UTILIZING EXISTING STATE OF FLORIDA CONTRACT NOS. 250-000-03-1, 973-561-03-1, 2003, 974-128-02-1, 974-141-02- 1, 252-024-01-1, AND 974-191-03-1, TOTAL CONTRACT AMOUNT $1,335,000; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROJECTS AND BUDGETS OF USER DEPARTMENTS. Chairman Winton: 26. Is 26 the one that -- didn't we defer that from last meeting? 91 January 9, 2003 Commissioner Gonzalez: Move 26. Vice Chairman Teele: Second number 26. Chairman Winton: We have a motion and a second on 26. Further discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-31 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ACQUISITION OF NEW AND REPLACEMENT SERVER HARDWARE, NETWORK EQUIPMENT, ASSOCIATED SOFTWARE, PERIPHERALS, INSTALLATION AND MAINTENANCE SERVICES, CITYWIDE, FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY, FROM VARIOUS VENDORS, UTILIZING EXISTING STATE OF FLORIDA CONTRACT NOS. 250-000-03-1, EFFECTIVE THROUGH JULY 31, 2005, 973-561-03-1 EFFECTIVE THROUGH JULY 17, 2003, 974-128-02-1 EFFECTIVE THROUGH MARCH 13, 2003, 974-141-02-1 EFFECTIVE THROUGH MARCH 10, 2003, 252-024-01-1 EFFECTIVE THROUGH MARCH 22, 2004, AND 974-191-03-1 EFFECTIVE THROUGH SEPTEMBER 29, 2003, SUBJECT TO ANY EXTENSIONS BY THE STATE OF FLORIDA, FOR ONE YEAR, ON AN AS -NEEDED BASIS, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $445,000, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $1,335,000; ALLOCATING FUNDS FROM VARIOUS CAPITAL IMPROVEMENT PROJECTS INCLUDING PROJECT NO. 311616 AND THE BUDGETS OF VARIOUS USER DEPARTMENTS AND AGENCIES, SUBJECT TO BUDGETARY APPROVAL. 92 January 9, 2003 Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 33. AUTHORIZE ACQUISITION OF NEW AND REPLACEMENT PERSONAL COMPUTERS, PRINTERS, COMMUNICATIONS EQUIPMENT, ASSOCIATED SOFTWARE, PERIPHERALS, AND INSTALLATION AND MAINTENANCE SERVICES CITYWIDE FOR DEPARTMENT OF INFORMATION TECHNOLOGY FROM VARIOUS VENDORS, UTILIZING EXISTING STATE OF FLORIDA CONTRACT NOS. 250-000-03-1, 2005, 973-561-03-1, 974-128-02-1, 974-141-02-1, 252-024-01-1, AND 974-191-03-1, TOTAL CONTRACT AMOUNT $2,625,000; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROJECTS AND BUDGETS OF USER DEPARTMENTS. Chairman Winton: 27. Commissioner Gonzalez: Move 27. Vice Chairman Teele: Second. Chairman Winton: Motion and a second on 27. Discussion? Being none, all in favor, "aye." Commissioner Sanchez: Mr. Chairman. Chairman Winton: Yes. I'm sorry. Commissioner Sanchez: Mr. Chairman, I'm prepared to vote for it, but I believe they did do a survey that was directed by this Commission to come back on a replacement on those equipments, changing it from three years to four years, with a lot of other big companies are going to four years, which they -- I believe they have a report on that, which is a significant savings to the City, if we went from a three year to a four year, but let's vote on this, and note they'll give us that report. Chairman Winton: Ok. Commissioner Sanchez: There's a motion and a second. 93 January 9, 2003 Chairman Winton: We have a motion and a second. Further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, oppose. Motion carries. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-42 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ACQUISITION OF NEW AND REPLACEMENT PERSONAL COMPUTERS, PRINTERS, COMMUNICATIONS EQUIPMENT, ASSOCIATED SOFTWARE, PERIPHERALS, AND INSTALLATION AND MAINTENANCE SERVICES, CITYWIDE, FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY FROM VARIOUS VENDORS, UTILIZING EXISTING STATE OF FLORIDA CONTRACT NOS. 250-000-03-1, EFFECTIVE THROUGH JULY 31, 2005, 973-561-03-1 EFFECTIVE THROUGH JULY 17, 2003, 974-128-02-1 EFFECTIVE THROUGH MARCH 13, 2003, 974-141-02-1 EFFECTIVE THROUGH MARCH 10, 2003, 252-024- 01-1 EFFECTIVE THROUGH MARCH 22, 2004, AND 974-191-03-1 EFFECTIVE THROUGH SEPTEMBER 29, 2003, SUBJECT TO ANY EXTENSIONS BY THE STATE OF FLORIDA, ON AN AS NEEDED BASIS, FOR THREE ONE YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $875,000, FOR A TOTAL CONTRACT AMOUNT OF $2,625,000; ALLOCATING FUNDS FROM VARIOUS CAPITAL IMPROVEMENT PROJECT ACCOUNTS, INCLUDING PROJECT NO. 311608 AND THE BUDGETS OF VARIOUS USER DEPARTMENTS AND AGENCIES, SUBJECT TO BUDGETARY APPROVAL. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Chairman Winton: So what is it you're asking for further, Commissioner Sanchez? 94 January 9, 2003 Commissioner Sanchez: In one of the Commission meetings -- previous Commission meetings, we directed the IT (Information Technology) to do a survey to change the purchasing from three year to four year, and to come back with a report as to if there would be savings, and I believe they have that report to be presented to us. Peter Korinis: Yes, sir, Commissioners. Peter Korinis, chief information officer. We did a survey of local governments concentrating on Florida to see what was their replacement cycle, and we found, in fact, that the replacement cycle is typically about three and a half to four years. On those jurisdictions, many of them are moving to four to five years, and in fact, we've also found in the private sector that private sector corporations are typically also moving from a three-year replacement cycle on PC's (personal computers) and laptops to a four-year replacement cycle. That will save us significant amount of funding after we replace some of the current ones that are now failing for this year, so we are proceeding with that new plan of moving to a four-year replacement cycle. Commissioner Sanchez: But what is the significant savings to the City? I was told it's in the ballpark of half a million dollars. Mr. Korinis: It'll be a half a million dollars in the third year, sir, when we don't have to buy that particular year. Prior to that, it'll be small because we're going to have to buy an additional year of maintenance on the ones we're buying Commissioner Sanchez: So we were talking about 40 to $60,000 on that year, and then in the following year, it would have been close to half a million dollars. Mr. Korinis: It's approximately half a million dollars in what would be that fourth year, when we don't need that. Commissioner Sanchez: And, Johnny, just -- I apologize. Mr. Chairman, with all due respect, that was brought forth because when the came forth saying that every three year, they had to replace the computers and stuff, the idea or the thought that came to my mind was why do we have to replace every laptop or every computer realizing that some computers are heavily used and then other computers and laptops aren't heavily used. Chairman Winton: Right. Commissioner Sanchez: What would be a significant savings? So in the process itself on the -- not the coming year or the following year, but the following year after that, there's a significant savings of half a million dollars --- Chairman Winton: Right. Commissioner Sanchez: -- to the City on that. Chairman Winton: Agreed. 95 January 9, 2003 Commissioner Sanchez: So I mean, this is a perfect example of, you know, sending out, doing studies, looking at other major companies and other governments to see what they're doing to bring efficiency to the government, so that you so much on that. Chairman Winton: Great point. Mr. Korinis: You're welcome, Commissioner. If I might just add, that is a one-year savings in that particular year, $500,000, then it decreases to a steady savings of about 125 to 150,000 over what we are currently spending now. Commissioner Sanchez: Well, let me just re -- Chairman Winton: OK. Commissioner Sanchez: Once again, we're the poorest city in the nation, so half a million dollars and a hundred thousand dollars, that's $600,000 savings. 34. RATIFY, APPROVE, AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND AUTHORIZE PURCHASE OF FIVE RADIO SITE POWER SYSTEMS FROM STATIONARY POWER SERVICES TO UPGRADE CITY-WIDE RADIO SYSTEM, FOR DEPARTMENT OF MUNICIPAL SERVICES, COMMUNICATIONS DIVISION, TOTAL $48,325.13; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROGRAM. Chairman Winton: OK, Item Number 28. This is a ratification of Manager's action that goes back to June. Need a motion. Vice Chairman Teele: Move. Commissioner Sanchez: Second. Chairman Winton: We have a motion and a second. Discussion? Being none, all in favor, LL " aye. The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. 96 January 9, 2003 The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-43 A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR- FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND AUTHORIZING THE PURCHASE OF FIVE RADIO SITE POWER SYSTEMS FROM STATIONARY POWER SERVICES TO UPGRADE THE CITY-WIDE RADIO SYSTEM, FOR THE DEPARTMENT OF MUNICIPAL SERVICES, COMMUNICATIONS DIVISION, IN AN AMOUNT NOT TO EXCEED $47,050, PLUS $1,275.13 FOR FREIGHT CHARGES, IN A TOTAL AMOUNT NOT TO EXCEED $48,325.13; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROGRAM PROJECT NO. 311052.429401.6.840. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 35. RATIFY, APPROVE, AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND AUTHORIZE CONTINUATION OF ELEVATOR MAINTENANCE FROM SCHINDLER ELEVATOR CORPORATION FOR DEPARTMENT OF MUNICIPAL SERVICES, MIAMI RIVERSIDE CENTER BUILDING AND PARKING GARAGE, $6,300; ALLOCATE FUNDS FROM DEPARTMENT OF MUNICIPAL SERVICES, MIAMI RIVERSIDE CENTER DIVISION. Chairman Winton: 29, additional ratification on elevator service. Need a motion. Vice Chairman Teele: So moved. Commissioner Gonzalez: Second. Chairman Winton: Go a motion and second on 29. Discussion? Being none, all in favor, "aye." 97 January 9, 2003 Commissioner Regalado: No. Chairman Winton: Like sign, opposed. So we have one "no;" aye -- four "yeses." Motion carries. The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-44 A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR- FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND AUTHORIZING THE CONTINUATION OF ELEVATOR MAINTENANCE FROM SCHINDLER ELEVATOR CORPORATION, FOR THE DEPARTMENT OF MUNICIPAL SERVICES, MIAMI RIVERSIDE CENTER BUILDING AND PARKING GARAGE, FOR A PERIOD OF THREE MONTHS, FROM JULY 1, 2002, THROUGH SEPTEMBER 30, 2002, IN AN AMOUNT NOT TO EXCEED $6,300; ALLOCATING FUNDS FROM THE DEPARTMENT OF MUNICIPAL SERVICES, MIAMI RIVERSIDE CENTER DIVISION, ACCOUNT CODE NO. 504000.421901.6.670. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: Commissioner Tomas Regalado ABSENT: None. 36. RATIFY, APPROVE, AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND AUTHORIZE PURCHASE OF UNINTERRUPTIBLE POWER SUPPLY (U.P.S.) SYSTEM TO STATIONARY POWER SERVICES FOR DEPARTMENT OF MUNICIPAL SERVICES, COMMUNICATIONS DIVISION, $17,199, AND AUTHORIZE AWARD TO SAN MARTIN AND ASSOCIATES, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR STRUCTURAL ANALYSIS AND DESIGN FOR FIRE STATIONS 3 AND 11, $20,382; ALLOCATE FUNDS FROM DEPARTMENT OF MUNICIPAL SERVICES, HEAVY FLEET DIVISION. 98 January 9, 2003 Chairman Winton: Item 30. Vice Chairman Teele: So moved. Commissioner Gonzalez: Second. Chairman Winton: We have a motion and a second on item 30. Discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries 5/0. The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-45 A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR- FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND AUTHORIZING THE PURCHASE OF AN UNINTERRUPTIBLE POWER SUPPLY (U.P.S.) SYSTEM TO STATIONARY POWER SERVICES FOR THE DEPARTMENT OF MUNICIPAL SERVICES, COMMUNICATIONS DIVISION, IN AN AMOUNT NOT TO EXCEED $17,199, PLUS FREIGHT CHARGES IN AN AMOUNT NOT TO EXCEED $500; AND AUTHORIZING AN AWARD TO SAN MARTIN AND ASSOCIATES, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR STRUCTURAL ANALYSIS AND DESIGN FOR FIRE STATIONS 3 AND 11, IN AN AMOUNT NOT TO EXCEED $20,382; ALLOCATING FUNDS FROM THE DEPARTMENT OF MUNICIPAL SERVICES, HEAVY FLEET DIVISION, ACCOUNT CODE NO. 509000.420901.6.715. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 99 January 9, 2003 37. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AWARD CONTRACT TO MURRAY FENCE COMPANY, $4,275, FOR REPLACEMENT OF CHAIN LINK VINYL COATED FABRIC ON FENCE BEHIND POOL AT MORNINGSIDE PARK, AND AWARD CONTRACT TO TOTAL CONSTRUCTION AND MAINTENANCE CORPORATION, $17,950, FOR REPLACEMENT OF CONCRETE WALKWAYS AND CURBS ON EAST SIDE OF POOL; ALLOCATE $24,725, FROM CAPITAL IMPROVEMENT PROJECT. Chairman Winton: 31, repairs at Morningside Park. Another emergency motion. Need a motion. Commissioner Gonzalez: So move. Chairman Winton: Got a motion. Commissioner Regalado: Second. Chairman Winton: Second. Discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. 100 January 9, 2003 The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-46 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES; AWARDING A CONTRACT TO MURRAY FENCE COMPANY, IN THE AMOUNT OF $4,275, FOR THE REPLACEMENT OF THE CHAIN LINK VINYL COATED FABRIC ON THE FENCE BEHIND THE POOL AT MORNINGSIDE PARK, AND AWARDING A CONTRACT TO TOTAL CONSTRUCTION AND MAINTENANCE CORPORATION, IN THE AMOUNT OF $17,950, FOR REPLACEMENT OF THE CONCRETE WALKWAYS AND CURBS ON THE EAST SIDE OF THE POOL; ALLOCATING FUNDS IN THE AMOUNT OF $22,225 PLUS $2,500 FOR EXPENSES, FOR A TOTAL AMOUNT NOT TO EXCEED $24,725, FROM CAPITAL IMPROVEMENT PROJECT NO. 331369; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PROJECTS. Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 38. TABLED: PROPOSED RATIFICATION OF EMERGENCY FOR ENGAGEMENT OF MECHANICAL ENGINEER TO CONDUCT STUDY FOR PURCHASE AND INSTALLATION OF NEW AIR CONDITIONING SYSTEM AT POLICE DEPARTMENT'S NEW FORENSIC LABORATORY. (See #62). Chairman Winton: Forensic laboratory project air conditioning system. Vice Chairman Teele: So moved. 101 January 9, 2003 Chairman Winton: Another motion. Commissioner Sanchez: Is this a local company? Chairman Winton: We have a motion. Need a second. Commissioner Sanchez: Yeah, but just on -- got a question. Is this a local vendor? Local provider? Carlos Gimenez (City Manager): Police Department. Vice Chairman Teele: Police Department? Why isn't this Public Works? Commissioner Sanchez: It's $30,000. I mean, not to exceed $30,000. Vice Chairman Teele: But why would the Police Department do -- Chairman Winton: Yeah, that's -- Vice Chairman Teele: --Public Works job? Commissioner Gonzalez: There is a million companies that do that work in the City of Miami. Vice Chairman Teele: Drop ceilings, new air condition systems, duct work. What does this have to do with the Police Department? Bobby Cheatham: Good morning. Bob Cheatham, deputy chief. Basically, we're getting ready to construct this forensic laboratory at the old motor pool, and to do so, there are some management or engineering studies that needs to be done. Vice Chairman Teele: Why is the Police Department doing this, and why isn't Public Works doing this? That's my question? Mr. Gimenez: I don't have the answer for that. Is Public Works here? Chairman Winton: I'd like to move Item Number 32 to the afternoon. You all bring back the answer to these questions, please. Commissioner Gonzalez: Second. Chairman Winton: Do we need a motion? We're going to defer it to the afternoon, so I don't think we need a motion. 102 January 9, 2003 39. TABLED: PROPOSED REJECTION OF PROTEST OF BERMELLO AJAMIL & PARTNERS, INC., IN CONNECTION WITH REQUEST FOR PROPOSALS NO. 00-02-251 ISSUED FOR PROFESSIONAL DESIGN SERVICES FOR FOUR NEW FIRE STATIONS. (See #5, #58 & #60). TABLED: PROPOSED ACCEPTANCE OF RECOMMENDATIONS OF MANAGER THAT MOST QUALIFIED FIRMS TO PROVIDE PROFESSIONAL ARCHITECTURAL SERVICES FOR FOUR NEW FIRE STATIONS IN RANK ORDER, ARE: (1) M.C. HARRY AND ASSOCIATES, INC.; (2) BERMELLO, AJAMIL AND PARTNERS, INC. AND (3) FERGUSON GLASGOW SCHUSTER SOTO, INC. (See #5, #58 & #60). Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: Item 33 and 34 were deferred? Chairman Winton: That's correct. Carlos A. Gimenez (City Manager): 33 and 33A. Vice Chairman Teele: May I inquire why, Mr. Manager? Are they withdrawn, deferred, or what? Mr. Gimenez: They're withdrawn, and here's the reason. It was brought to my attention that we only own two of the four pieces of property; that we're going to have four fire stations designed for. Seem kind of premature -- if we're going to go out and bid for the two pieces of property that we do own, architectural services to design a fire station for those two pieces -- Vice Chairman Teele: Why do you have to own the property? Mr. Gimenez: Because -- Vice Chairman Teele: May I finish the question, please? Why do you have to own the property to select an architect that -- for -- to begin the planning of a project that you're going to build? We have the money, right? It's in the -- Mr. Gimenez: Yes, we do. The reason that you need to own the property is because each fire -- the property will -- could dictate the design of the station. Vice Chairman Teele: I agree, but you're not select -- under state law, Mr. Attorney, when you select an architect, you're not -- that has nothing to do with the ground that they are going to build it on, unlike a construction company; is that correct or is it wrong? Alejandro Vilarello (City Attorney): That's correct. 103 January 9, 2003 Vice Chairman Teele: I'm going to tell you something, Johnny -- you're the Chairman -- the City of Miami has avoided these bid protests, and the lobbyists, and all that, and I told all the lobbyists that call me, don't call me, but if we're getting ready to start this kind of stuff, I'm telling you, this is going to be a slippery slope, and we'll be over here, and every time there is a powerful firm, we're going to be, you know, dah, dah, dah, dah, dah, and I, for one, am prepared to instruct the Manager to bring these items back, and you know, let's have a discussion on it, under the state law, because this is not what the state law is. You do not select an architect based upon the ownership of land. I mean, that just defies all logic; in fact, to the contrary, so -- Chairman Winton: Make a motion. Vice Chairman Teele: -- I would move that this item be placed back on the agenda, and be discussed at the next meeting. I would so move. Chairman Winton: We have a motion. Second? Well, I'm going to comment because I couldn't agree with Commissioner Teele more. This is -- Vice Chairman Teele: See, this is my problem, everybody talks about we can't find black contractors, blah, blah, blah, blah, blah. This has nothing to do with black or white, but when the powerful interests get involved, this thing gets -- and I'm telling you, you don't want to turn this Commission -- Chairman Winton: That's correct. Vice Chairman Teele: -- that has avoided this now for three years. We were broke. We had no money. We've avoided this kind of stuff for three years, and what's getting ready to happen is something with the $255,000,000. We're going to start seeing the bid protest, and dah, dah, dah, dah, dah. Chairman Winton: Exactly, and every time -- and I agree. Mr. Gimenez: Commissioner. Chairman Winton: I'm going to pass the gavel to -- Mr. Gimenez: Commissioner, I received a recommendation from the Chief Procurement Officer saying that we reject the bids based on that. I have rejected the bids based on that logic. Vice Chairman Teele: All bids? Mr. Gimenez: All bids, OK, and on that logic, we're going to rebid the architectural services. I have not been lobbied by anybody, OK, and to be honest with you, the recommendation on this particular item from this administration was to reject the protest because there was no basis for the protest, as we saw it. However, you know, if the Chief Procurement Officer comes to me and 104 January 9, 2003 tells me that we ought to reject the bids because we don't own the pieces of property, et cetera, then I took the recommendation; I rejected the bids. There was no -- Vice Chairman Teele: Is the Chief Procurement Officer a lawyer, or did he talk to a lawyer? Who's the Chief Procurement Officer? Mr. Gimenez: We have an acting Chief Procurement Officer. Mike. Mike Rath (Acting Chief Procurement Officer): Mike Rath, Purchasing Department. I brought a recommendation to the Manager, based on information supplied by the CIP (Capital Improvements Program) Department, that the properties we did not own and we did not know when we would be doing design of the other two properties. Vice Chairman Teele: You're ready to go on two right now, right? Janet Palecino: There is property for 10 and 11, yes. Vice Chairman Teele: So two of the four are ready to go right now? Mr. Rath: Yes. Vice Chairman Teele: Did you discuss your recommendation with an Attorney before you made it? Anybody in the legal department. Mr. Vilarello: Mr. Chairman, we did discuss it, but we didn't discuss this particular issue. This RFP, by its rule, required the award for the design of all four stations, so I don't know if that was the basis for a desire to limit it to two, but it required the award for the design of all four stations. Vice Chairman Teele: But this is my issue: You're going to send a very negative signal, first, to one bidder and the staff -- or we are -- and, secondly, I think we're sending a signal about how we're going to be doing business and I'm not comfortable, because I've sat in on these things, and they wind up becoming, as Steve Clark used to say, federal cases, and all the lawyers get -- and you'll have a row of Gucci lawyers sitting down here every time there's a procurement, and I'm very uncomfortable, Mr. Manager -- Mr. Gimenez: Commissioner, could we just -- I'll tell you what we can do, why don't we take this up during the break, and maybe we can come back with an alternative to -- Vice Chairman Teele: I really wish you'd discuss it with the Attorney because, see, the reason that he's given defies the state law. The state law limits the consideration of a governing board, or the award of a contract for architects and engineers, to certain criteria, and you don't select -- if you have the land in Podunk, or if you're going to build it on the Atlantic Ocean, you can't make the selection, per se, of that based on purely the land -- the site; you base it on the seven criteria called for in Florida state law, which I don't agree with, but that's what it is. 105 January 9, 2003 Chairman Winton: So, Commissioner Teele, I think the Manager's going to do some things about it about the break -- during the break; it can come back, and we do need to send the right message, and to echo one thing that he said: you know, there was an attempt to lobby me, and I refused to be lobbied. I would not talk to the person who had filed the protest because I felt totally -- it was totally inappropriate, but that's the thing he's trying to guard against; I completely agree. I think everybody up here doesn't want that kind of thing coming, and we have to make sure that we -- that this next step, that we do it in a way that doesn't send the wrong message, so you'll bring something back after lunch. Thank you. Mr. Gimenez: Yes, sir. 40. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, AND AUTHORIZE INCREASE IN CONTRACT AWARDED TO SECURITY ENFORCEMENT PROTECTIVE AGENCY, $245,850, FROM $375,000 TO $620,850, FOR ACQUISITION OF SECURITY GUARD SERVICES FOR DEPARTMENT OF PURCHASING, TO BE UTILIZED BY VARIOUS USER DEPARTMENTS AND AGENCIES; ALLOCATE FUNDS FROM POLICE DEPARTMENT'S GENERAL FUND. Chairman Winton: Are we at 34? We have another ratification on security guard services for Police Department and City Hall. Need a motion. Vice Chairman Teele: So moved. Commissioner Gonzalez: Second. Chairman Winton: Got a motion and a second Commissioner Gonzalez: Even though -- Chairman Winton: Yes, sir. Commissioner Gonzalez: -- I do have a question. What we're hiring here is a security guard company, right, to protect the Police Department building? Chairman Winton: And the City Hall. Commissioner Gonzalez: Right, and City Hall? Carlos A. Gimenez (City Manager): I think it's various governmental facilities. This was post 9/11. Commissioner Gonzalez: I understand that we have some police officers that are on light duty; that they cannot be out patrolling, but they can be sitting at a desk. Mr. Gimenez: Well, that's a point of contention between myself and the Police Department; it has been for sometime. I think the Police Department can answer the question for you. 106 January 9, 2003 Bobby Cheatham: Again, Bob Cheatham, Deputy Chief. Now, the light duty people that are at our front desk cannot serve as security. They can do it at the north and the south, where they have the protective windows. Chairman Winton: Why is that? Why is that? Commissioner Gonzalez: They can do it at the north and the south, but -- Chairman Winton: It's not rational. Commissioner Gonzalez: -- where they have windows, but they cannot do it where they don't have any windows? Deputy Chief Cheatham: Right. In central, there is no -- Commissioner Gonzalez: You got me confused. Deputy Chief Cheatham: In central, they're exposed to the public; there's no protection at all, so we don't advise that they do it there. They can help out at the north and the south, where they do have the protective bulletproof windows, but they're light duty. Keep in mind, they're light duty. In light duty, they are recuperating from an injury. We usually staff them permanently with a limited duty person. Commissioner Gonzalez: A limited duty person. Deputy Chief Cheatham: Yes, limited, not light. Commissioner Gonzalez: I don't know -- not being a policeman, I don't know your terms, but -- Mr. Gimenez: A light duty person is somebody who is temporarily injured, but is expected to recover. A limited duty person is somebody who has reached their maximum medical -- Deputy Chief Cheatham: Improvement. Mr. Gimenez: -- improvement, and will not improve to the point where they can go back to the regular duties of a police officer. Commissioner Gonzalez: OK, so the answer is that in order to have this police officer serving as a (UNINTELLIGIBLE) of the MRC (Miami Riverside Center), for example, we will need to build a counter with a glass to protect him from the public; is that what you're telling me? Mr. Cheatham: No. Commissioner Gonzalez: OK. 107 January 9, 2003 Deputy Chief Cheatham: I'm saying that we don't use our light duty people on the front desk or administrative -type assignments like that. The limited duty people we do assign to replace a full duty police officer, but it can be in either of the three stations. Those positions could have been filled by a limited duty person, but we chose to do security guards, who's paid a lot less, and there are other full duty positions within the police department where limited duty people can take their place and return that officer to the street. Commissioner Gonzalez: All right. There was a motion on this, right? Chairman Winton: Yes. Commissioner Gonzalez: I second it. Chairman Winton: Motion and a second. Further discussion. Commissioner Sanchez: I just have -- Chairman Winton: Yes, sir. Commissioner Sanchez: -- further discussion on this. It's -- this is -- resolution has been ratified by the City Manager. This work -- who's the vendor? Have you selected a vendor yet? Is it a local vendor? That's the only question that I have. I mean, we -- today, we focus on -- Johnny -- Mr. Chairman, your predecessor stood there many times, and one of the things that I agreed with him a hundred percent was that he stood up for local vendors. They're the ones that pay taxes. They're the ones that employ our residents, and we got to stick up for them, and when you see these ratifications of, you know -- a vendor from Louisiana, or from West Palm Beach, or Jacksonville, on certain emergencies, it fine. Maybe they're the only exclusive company that could provide one specific tool, or a part of a vehicle, but when you're talking about air conditioning, you're talking about roofing, you're talking about the basic necessities. We have plenty of these companies here that are dying to do business with the City. Chairman Winton: But this is security, Commissioner Sanchez, so -- Commissioner Sanchez: OK. Chairman Winton: This is security. Commissioner Sanchez: Well, security. We have plenty of security companies. Chairman Winton: So -- Commissioner Sanchez: Are they local, that's what I want to know? Chairman Winton: Is this a local vendor? Deputy Chief Cheatham: Yes. 108 January 9, 2003 Commissioner Sanchez: Yes. What is their name? Chairman Winton: Name, please? Deputy Chief Cheatham: Security Enforcement Protection Agency -- Protective Agency. Chairman Winton: And they're a local vendor? Deputy Chief Cheatham: Yes. Commissioner Sanchez: OK. Chairman Winton: You're sure? Deputy Chief Cheatham: That's what I'm being told. Chairman Winton: You all better be sure. OK, well, you're saying yes. Double check it and come back to us, if it's different. OK. We have a motion. Any further discussion? Deputy Chief Cheatham: They are Hispanic/Miami-Dade County. Chairman Winton: Hispanic/Miami-Dade. Deputy Chief Cheatham: Yes. Commissioner Sanchez: All right. Chairman Winton: All right. Chairman Winton: OK, so any further comments? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. 109 January 9, 2003 The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-47 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4/5TH) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, AND AUTHORIZING AN INCREASE IN THE CONTRACT AWARDED TO SECURITY ENFORCEMENT PROTECTIVE AGENCY, IN AN AMOUNT NOT TO EXCEED $245,850, INCREASING THE TOTAL CONTRACT AMOUNT FROM $375,000 TO $620,850 ANNUALLY, FOR THE ACQUISITION OF SECURITY GUARD SERVICES FOR THE DEPARTMENT OF PURCHASING, TO BE UTILIZED BY VARIOUS USER DEPARTMENTS AND AGENCIES ON AN AS -NEEDED CONTRACT BASIS; ALLOCATING FUNDS FROM THE POLICE DEPARTMENT'S GENERAL FUND, ACCOUNT CODE NO. 001000290201.6.340. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado 41. DEFER CONSIDERATION OF ADMINISTRATION'S PROPOSAL TO REJECT REQUEST FOR QUALIFICATIONS NO. 01-02-153 ISSUED FOR ASSESSMENT STUDY OF RISK MANAGEMENT; DIRECT THAT ADMINISTRATION BRING BACK DETAILED REPORT ON THIS MATTER. Chairman Winton: Number 35 -- so this is still on the agenda, so 35 is a resolution requesting rejection of RFQ (Request for Qualifications) process on Risk Management. Yes, sir. Gordon Zellers: Mr. Chairman, my I address the Commission? Chairman Winton: Yes, please. Mr. Zellers: Good morning. My name is Gordon Zellers. I'm with Marsh USA, Incorporated, the firm that was selected to do this project. I just have a couple of things that I would like to state. Today you're voting to potentially reverse your previous course of action that endorsed the assessment study of the Risk Management Department. We're respectfully requesting the 110 January 9, 2003 Commission to carefully consider the ramifications of this reversal. Your risk management budget is $46,000,000 this year, the fourth largest budget item in the entire budget. You have approximately 3,000 open workers' compensation claims. This is a major indicator of financial stress for the City. The City understood these inefficiencies and cost issues with the department, which is why you moved forward with this RFP (Request for Proposals) back in May of last year. You selected Marsh over many other qualified firms because of our vast experience in reducing other similar clients' cost of risk. In December, we reached an agreement with the City on the scope and pricing of this project. Now, at the eleventh hour, you're voting to potentially reverse your course of action. We believe the advice the City has received to reverse your previous course of action is clearly against the long-term best interest of the City. Our understanding is that this RFQ will be replaced with smaller projects, and our vast experience in dealing with our clients has shown that a project like this needs to be approached on an integrated and holistic basis in order to be effective. The most important thing distressed is the fact that the process that you have already approved provides for a strategic approach to this large issue. You will be allowing us to perform an independent study of the apartment, and its associated business processes at a strategic level. The results of our study will fully define the issues, analyze and quantify these issues in terms of hard dollars, and help the City prioritize their potential solutions, based on the bottom line impact to the City. We believe your prior course of action is still in the best interest of the City. We ask you to stick by your original plan, and allow us to move forward according to your original intentions to help you reduce your total cost of risk. Chairman Winton: Mr. Manager, my apologies. I thought he was staff, so -- Carlos Gimenez (City Manager): No, he's -- Chairman Winton: -- I would like to have gotten staff s comment first, but I didn't recognize that, so Mr. Manager. Mr. Gimenez: The reason we want to reject the RFQ is that we want to change the scope of the work, and we want to go out and put out another RFQ with a different scope of work. We have a contract executive that's working for Risk Management. He has advised us that we needed to change the scope of the work, and that's why I'm recommending that we go out again and change the scope of the work, possibly saving the City some dollars as we do that also. Mr. Zellers: Mr. Chairman, may I address that issue? Chairman Winton: No, you may not. We need a motion or some action on the part of the staff -- of the Commission. Commissioner Sanchez: Mr. Chairman. Chairman Winton: Yes. Commissioner Sanchez: Based on the recommendation that the City Manager is giving us of a significant savings and a change of scope in the work, I'm willing to support the administration, 111 January 9, 2003 but you know, once again, what Commissioner Teele stated maybe about three or four minutes ago is that we need to start being very careful on this because we're starting to set a bad preference [sic]. We're sending out a bad signal to a lot of companies that, one, will, in the future, hold back from bidding on jobs for this city because they're going to realize that they get to be number one, and then they -- you know, you start that shuffling of cards, and it sends a bad message. It's happened in the county may times. You know, we don't want people to focus and say, you know, it's coming back to the city. You know, when it comes to this, I think I've been the champion of risk management. I am still not in content with what's happening in Risk Management. I'm not satisfied with the changes in Risk Management. I think that we have a long way to go. We're getting there. The process is very slow, and this assessment from A to Z is something that -- you know, I have yet to see a report from the administration or from any individual that has been hired by anyone here in front of us to tell us what exactly is the plan that we have to find a solution to Risk Management, so once again, this company bided in a fair process; got selected to be the number one company, and it comes before us today as a company, a number one. However, you know, I respect the City's administration -- recommendation (UNINTELLIGIBLE) this. They -- probably, there's a sense to the madness that's going on here today, so at this time, you know, I tend to want to apologize for you for the company being number one selected, but apparently, you know, the administration and the Mayor have a plan on this issue, to find a way to create a study, whether -- Mr. City Manager, just -- before I conclude, what study -- what changes are -- is the administration going to look at? Is this going to be an A through Z -- when we say an A through Z, we're talking about everything in Risk Management. What are the changes now in the study that the administration will be asking for? Mr. Gimenez: I don't have the details of the changes of the scope of the work. That is something that it will be worked out through the contract executive, but if we're going to pay an individual to be a contract executive, I'm going to take that individuals advice; he knows much more about risk management than I do. This was his recommendation, and I'm going to follow his recommendation, and make that -- and forward that recommendation, you know, to this body. His recommendation -- Commissioner Sanchez: Is this individual that we're talking about, is he a consultant to the city? Mr. Gimenez: He is a contract employee. The individual has actually been running Risk Management for the last, you know, four to five months, Mr. Fixler, and that was his recommendation -- Commissioner Sanchez: Well, I'm -- Mr. Gimenez: -- and I'm forwarding it. Commissioner Sanchez: -- not too thrilled with the process, but you know, I'm willing to support the administration. Vice Chairman Teele: Well, since I'm presiding, this is what I would like to do, Mr. Manager. I'd like to defer this item; have Mr. Fixler come, and -- consistent with what Commissioner Sanchez is saying is this, I will go along with a recommendation if I know what the plan is, 112 January 9, 2003 perhaps, but just to tell us to kick out the bids and don't give us what the plan is going to be -- Mr. Fixler needs to be here laying out what the plan is, and why this is not necessary, and I think -- I want to repeat, in spades, what Commissioner Sanchez just said, and what I said before, and that's this: There are companies all over this county that will not bid in Miami -Dade County because of bids going out. Once the bid goes out, they expose their numbers; they expose their qualifications; they expose who they are, what they are, dah, dah, dah. It cost money to bid. It always cost money to bid, especially an RFP, and then they get cancelled, and what happens is this becomes a pattern. There are pubically-traded companies that have in their statements that they are not doing business in Dade County for this reason, particularly at the airport. You have companies like Burger King that had to hire a lobbyist to be able to open up a vending facility at the airport, so what I'm simply saying is this: We've had a good reputation in terms of being very clean. One of the ways we got that reputation, we didn't have any money; we did very little contracting. We didn't have a bond issue. We didn't have capital bond projects -- Commissioner Sanchez: (INAUDIBLE) about to change. Vice Chairman Teele: -- and that's all about to change, and what we don't want to change and what we don't want to send the signal to the staff is to start listening to lobbyists coming by calling them, and to start listing to various people, and I'm not suggesting, at all, that this is the case, but I am suggesting that rather than just asking us to cancel the con -- to withdraw the contract, we should have, in writing, a detailed rationale and reason as to why we should do that, and I'm sure, if you agree with that, we're going to -- Mr. Gimenez: Fair enough. That's not a problem, so at the next Commissioner meeting -- Vice Chairman Teele: Would you move to defer this item to the next Commission, with the understanding that it may very well -- the Manager's recommendation may very well be approved? Commissioner Gonzalez: Move to defer. Commissioner Sanchez: Second. Vice Chairman Teele: All those in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All those opposed? 113 January 9, 2003 The following motion was introduced by Commissioner Gonzalez, who moved for its adoption: MOTION NO. 03-48 A MOTION TO DEFER TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR JANUARY 23, 2003 CONSIDERATION OF THE ADMINISTRATION'S PROPOSAL TO REJECT REQUEST FOR QUALIFICATIONS NO. 01-02-153 ISSUED FOR AN ASSESSMENT STUDY OF RISK MANAGEMENT, AND RESCINDING RESOLUTION NO. 02-1048, IN ITS ENTIRETY, WHICH AUTHORIZED THE NEGOTIATIONS AND A PROFESSIONAL SERVICES AGREEMENT WITH MARSH USA, INC., THE TOP-RANKED FIRM FOR SAID STUDY; FURTHER DIRECTING THAT THE ADMINISTRATION BRING BACK A DETAILED REPORT ON THIS MATTER. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Commissioner Tomas Regalado 42. DIRECT MANAGER TO INSTRUCT COMMUNICATIONS DEPARTMENT STAFF TO POST NOTICE OF EVENT RELATED TO MOVE OF OLD MIAMI HIGH BUNGALOW TO SOUTHSIDE PARK, SCHEDULED TO TAKE PLACE ON SATURDAY, JANUARY 18, 2003 AT 10:00 A.M. ON MIAMI TV. Vice Chairman Teele: This is a good point -- there are at least two groups that would like to be heard. I know we have someone from Preservation today, and we have some people from the Brothers of the Same Mind. Are you here from Preservations today? Why don't you just come forward, and then I think there was a request from Brothers of the Same Mind. Betty Matcov: Thank you so much, Commissioner Teele. I'm Betty Matcov, Executive Director of Dade Heritage Trust, and I'm here, one, to give you a copy of our magazine, which came out last month, that talks about the old Miami High School bungalow, which we are partnering with the City of Miami to move, and (UNINTELLIGIBLE) Brickell Partners, and it is going -- it's the oldest school in all of Miami -Dade County, built in 1905. This Saturday, at 10 o'clock, I would like to invite each of the Commissioners, and the Mayor, and the staff to move -- to witness the beginning of the move up the street to the Southside Park of this historic bungalow. I hope all of 114 January 9, 2003 you can make it. It is going to be a wonderful -- it's a city -owned building now, because the developer gave it to the city. It is going to be a city park building and community center. Vice Chairman Teele: That's going to be -- why don't you just be real clear. Saturday, at what time? Ms. Matcov: 10 o'clock, this Saturday. That's January 18th Vice Chairman Teele: No, no. This Saturday is -- what Saturday are you referring to? Saturday Ms. Matcov: Not this -- excuse me. Not this Saturday. Commissioner Sanchez: The following Saturday. Ms. Matcov: Yes. Commissioner Sanchez: This Saturday is the (INAUDIBLE). Ms. Matcov: January 18th Vice Chairman Teele: Saturday, January 18th, at 10 a.m. -- Ms. Matcov: Ten o'clock. Vice Chairman Teele: -- and what location? Ms. Matcov: And it is on the corner -- it's 79 Southwest 12th Street now, which is just behind Southside Elementary School. Vice Chairman Teele: But where are the cookies and donuts are going to be? Ms. Matcov: Well, that will be -- Vice Chairman Teele: (UNINTELLIGIBLE) moving or where you're going to. Ms. Matcov: We will have the cookies and donuts there, and the balloons, and a band, hopefully, and all of y'all, and we will welcome -- we will recognize and thank the city, of course, for they have been fabulous, wonderful supporters of this project. Vice Chairman Teele: Mr. Manager, do you think we can get with Communications and maybe get a (UNINTELLIGIBLE) or some kind of visual that will appear on Net -9, just so that the public is aware of this and -- Ms. Matcov: Oh, great. 115 January 9, 2003 Carlos A. Gimenez (City Manager): Yes, sir. Ms. Matcov: That would be lovely. In fact, what would be super is maybe -- could we get a proclamation or something that one of y'all would present? Vice Chairman Teele: Commissioner Sanchez, I'm sure, will have a proclamation. Ms. Matcov: It says that Commissioner Sanchez (INAUDIBLE) his district. Commissioner Sanchez: It would be my honor. Vice Chairman Teele: And the donuts. He's responsible for the donuts, too. Ms. Matcov: Oh, OK, that would be lovely, but we do thank you. The City staff and the City Commission have all been wonderful on this project, and we so appreciate it. Vice Chairman Teele: All right. Ms. Matcov: Thank you very much, and we hope to see you all January 18tH Vice Chairman Teele: Thank you very much. Commissioner Sanchez: We'll be there. Vice Chairman Teele: All right. Commissioner Sanchez: Have the donuts ready. 43. DIRECT MANAGER THAT, IF REQUESTED BY MARTIN LUTHER KING COMMITTEE, TO WORK WITH POLICE DEPARTMENT STAFF, AND BROTHERS OF THE SAME MIND IN CONNECTION WITH COORDINATION OF SECURITY, TRAINING OF VOLUNTEERS AND EXPENSED RELATED TO MARTIN LUTHER KING DAY PARADE. Vice Chairman Teele: Mr. Jones or -- would the representative of your organization like to speak? Brian Dennis: Thank you, Commissioner, and thank you, Mr. Chair. Brian Dennis, president of Brothers of the Same Mind, address 4055 Northwest 17th Avenue. I hope the Commissioners up there and the staff had a Merry Christmas and a Happy New Year. I would like the Kwanzaa, also, and I know we just recently getting ready now, after the 8th, in the Hispanic community -- the Cuban community, about the Three Kings Day Parade, so we hope every community across the City of Miami and Miami -Dade County has what each -- what -- has the diversity in their community to celebrate the holidays, and then come back and we all, as one and as one big happy community. Basically, we are here to ask the Commission for the same thing that we asked them for last year, which is $5,000 to provide the security for the Martin Luther King 116 January 9, 2003 Parade. One of the stipulations that we would like to ask is that last year the Commissioner, Commissioner Teele, ordered -- Vice Chairman Teele: I can't order under the charter. Mr. Dennis: Not order, but stipulated directions -- instructed the parade director, Preston Marshall, to come to the city and pick up the check prior to the parade, so that we could have the people paid directly out the parade. That wasn't the case, and we had people that had to wait two days to get paid. Our organization hired 80 people out of the community, not Brothers of the Same Mind, 80 people outside of Brothers of the Same Mind to give them a job for a day, providing security for the parade, and it went off real well. One of the things that we're going to miss -- and we would like to work with the new chief and invite him to our building. We know he left -- is that the executive assistant to former Chief Martinez, Mr. A.J. Johnson, and our members worked real closely during the parade, and a lot of things that the police would normally have to do, our members wind up taking the slack up for it, and they help the police department, showed them exactly what they needed go get done, and it cut them time to do other things, and it allowed the people in the community to work with the police department, and understand what they do, and how important their job is, so basically we're back to ask the same thing. We also are not here to start any trouble by forcing our way on the agenda. We sunt [sic] three letters, and I changed the date on the last letter that I sunt [sic]. We sunt [sic] the letter on the 9th, December the 9th, which was a Monday; the 13th, which was a Friday, and the 16th, which was the following Monday, and the letters are right here. We put them into the Manager's office, and we did go through the proper channels, but what we would now do is start hand - walking them through the Manager's office and through the Clerk's office so that we won't have this situation and this difficulties any more. I don't know if it was a problem in the fax, when the fax went over, and the transmission of the fax, or not. I'm not here to lay any blame or point any fingers. Basically, it's a misunderstanding of what has happened, and we're here to ask the Commissioner to do the same thing that they did for the community last year in providing jobs in the community through our organization to get these people out, and to let them earn some money during the one day in the parade. Outside of that one day in the parade, the only time our people really work in mass is during elections. Vice Chairman Teele: All right. As in last year, we had the request in writing from the Martin Luther King Committee. I would simply say that the Manager -- and also last year, it was required that it be done with the Police Chief's recommendation and concurrence. I would simply say that the Manager and the Chief are free to do that. They don't need our authority any further, in that we've changed the procurement rules, and if the Chief of Police chooses to use the services of your organization, and if the organizers request it, then I'm sure that they have the authority to move forward. Mr. Dennis: Wait. Another thing that -- the Chief doesn't know us, and we -- I've spoken with Mr. Javier from the Mayor's office, and basically, what we would like to do is the same thing again, is that the Police Department come in and provide the community training -- Vice Chairman Teele: All right. 117 January 9, 2003 Mr. Dennis: (INAUDIBLE) prior to that. Vice Chairman Teele: Could I just -- is the Deputy Chief here? We have a very strict chain of command, and the Chief doesn't need to know anybody personally the department knows. Can you assure the Commission that if you all receive a request from the Martin Luther King Committee, that you all will consider it, and work closely with them, and provide the training, if you choose to go forward? Unidentified Speaker: Absolutely, just as we did last year. Vice Chairman Teele: All right. Commissioner Sanchez: OK. Vice Chairman Teele: Thank you very much. Mr. Dennis: Thank you. Vice Chairman Teele: All right. It's 12 o'clock, and the meeting stands recessed. We will come back at 3 p.m., 3 p.m. 44. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, AND AUTHORIZE PROCUREMENT OF EQUIPMENT AND CONTAINERS REQUIRED FOR IMPLEMENTATION OF SECOND PHASE OF DEPARTMENT OF SOLID WASTE'S RESIDENTIAL AUTOMATED GARBAGE AND TRASH COLLECTION SYSTEM, $5,500,000 UTILIZING VARIOUS ESTABLISHED MUNICIPAL CONTRACTS; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROJECT ENTITLED "SOLID WASTE REMOVAL PILOT PROGRAM." Chairman Winton: (INAUDIBLE) our City Commission meeting. I'd like to -- I know we have a couple things we were going to discuss, but Commissioner Teele isn't here, so we'll wait for him to do the things that we kind of postponed, or we move to the afternoon, so I would like to continue on with the agenda, and we can get a few more of these things out of the way, if you all do not mind. Commissioner Gonzalez: Mr. Chairman, I move 36. Chairman Winton: We have a ratification confirmation -- a motion on 36. Do we have a second? Commissioner Regalado: I second. Just a question. Chairman Winton: OK, we have a motion and a second. Yes, sir, Commissioner Regalado. Commissioner Regalado: What's the timetable for delivery of the new can? 118 January 9, 2003 Carlos A. Gimenez (City Manager): Commissioner, the information that I get is that the entire city will be on the new system by May, if not sooner, and I asked that question yesterday, and they believe it's going to be maybe as soon as April, the entire city will be on the new system. Commissioner Regalado: But they are doing it now. Mr. Gimenez: Yes, sir. They are acquiring the equipment, and they're beginning the distribution of cans, et cetera. As we get more of this equipment, then more will be rolled out, and the City should be done by may at the latest. Commissioner Sanchez: Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Sanchez: Is this information being provided on Net -9? Chairman Winton: About the roll out? Commissioner Sanchez: Yes, sir. Mr. Gimenez: I'm not sure, but I did -- I know that I directed that the information that we had similar to what we had last year, when we had the pilot program, be rebroadcast so that all the citizens would know exactly what's going on. I'll make sure that that happens. Commissioner Sanchez: I think it's paramount that we provide that information on Net -9, because what's happening is that we -- at least, I speak for my office -- we're receiving phone calls; people that aren't even in my district calling and asking, "Hey, when am I going to get the big trash cans?" That's how they're describing it, as the "big trash can," so I tell them, well, you know, look at channel -- look at Net -9 and see -- because I did see it once, how it was being put out through the whole city, and the map clearly identified how the faces were going to be accomplished, so -- but I haven't seen it lately on Net -9, so that's why I'm inquiring, is Net -9 showing the layout of the progress of this distribution of the large trashcans? Mr. Gimenez: I don't think it is right now, but we will be in the near future, yes, sir. Commissioner Sanchez: Thank you. Chairman Winton: Any other comment on Item 36? Being none, all -- lets see, emergency resolution, so this is 4/5th vote. All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, oppose. The motion carries. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: 119 January 9, 2003 RESOLUTION NO. 03-49 A RESOLUTION OF THE MIAMI CITY COMMISSION RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, AND AUTHORIZING THE PROCUREMENT OF EQUIPMENT AND CONTAINERS REQUIRED FOR THE IMPLEMENTATION OF THE SECOND PHASE OF THE DEPARTMENT OF SOLID WASTE'S RESIDENTIAL AUTOMATED GARBAGE AND TRASH COLLECTION SYSTEM, IN AN AMOUNT NOT TO EXCEED $5,500,000 UTILIZING VARIOUS ESTABLISHED MUNICIPAL CONTRACTS; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 353019.329401.6.840, ENTITLED "SOLID WASTE REMOVAL PILOT PROGRAM." Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. 45. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, AND AUTHORIZE PURCHASE OF TWO MADVACS (MOBILE LEAF/TRASH COLLECTING VEHICLES), $61,598, UNDER CITY OF PLANT CITY'S BID #2-0102, FOR IMPLEMENTATION OF MAYOR'S CITY-WIDE CLEANUP CAMPAIGN; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROJECT. Commissioner Sanchez: So move 37. Commissioner Gonzalez: Second. Chairman Winton: We have a motion and a second on 37. Discussion. Being none, all in -- again, ratification, 4/5tns vote. All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. 120 January 9, 2003 The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-50 A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR- FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, AND AUTHORIZING THE PURCHASE OF TWO MADVACS (MOBILE LEAF/TRASH COLLECTING VEHICLES), IN AN AMOUNT NOT TO EXCEED $61,598, UNDER CITY OF PLANT CITY'S BID #2-0102, AN ESTABLISHED MUNICIPAL CONTRACT, FOR THE IMPLEMENTATION OF THE MAYOR'S CITY-WIDE CLEANUP CAMPAIGN; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 353018.329401.6.840; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID ACQUISITION. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. 46. AUTHORIZE PAYMENT TO MIAMI-DADE COUNTY FOR DISPOSAL OF CERTAIN SOLID WASTE COLLECTED IN AND BY CITY, $11,317,068. Chairman Winton: Thirty -- Commissioner Sanchez: This is (UNINTELLIGIBLE) a tough one to swallow, but we have to. Commissioner Gonzalez: Move 38. Chairman Winton: Thirty-eight is where we're getting whacked by the county again on -- Commissioner Gonzalez: Mr. Chairman. Chairman Winton: -- dumping fees, so that our -- Commissioner Sanchez: 49.65 or 59.50 per ton. 121 January 9, 2003 Chairman Winton: What's the percent increase? Anybody calculate that? Commissioner Regalado: From 8 to 11. Chairman Winton: Is that what it is, Commissioner Regalado, 8 to 11? Commissioner Regalado: Yeah. I remember we paid 8 and 9 -- Chairman Winton: Yeah. I couldn't remember; that's why I was -- Commissioner Regalado: It went to 11 -- Chairman Winton: I think -- Commissioner Regalado: -- so it's to 20 percent. Chairman Winton: -- given -- huh? OK, is there somebody here who could tell us? Staff? Carlos A. Gimenez (City Manager): I can get you that information. I don't see Mr. Patterson around. Chairman Winton: OK. Could you get it before we adjourn, so -- Mr. Gimenez: Yes, sir. Chairman Winton: -- because I think, while we all recognize we have no choice but to vote on it, we all do have an opportunity to at least put on the record what the percent increase -- the total dollar amount on the percent increase here is so that the public understands it, and maybe they can call the County Commissioners and give them some conversation, so we have a motion and a second on 38. Again, a resolution. Any further discussion? Being none, all in favor, "aye." Pricilla A. Thompson (City Clerk): I'm sorry, I'm sorry, Chairman, we don't have the maker and the second of the motion on that. When you started into the discussion -- Chairman Winton: Oh, we don't. What do we have? Ms. Thompson: You just started into the discussion. Commissioner Gonzalez: No. I move 38 and -- Commissioner Sanchez: And I second it. Chairman Winton: Yeah. Ms. Thompson: Thank you. OK. 122 January 9, 2003 Chairman Winton: OK, so we have a motion and a second. No further discussion. All in favor, LL " aye. The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-51 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING PAYMENT TO MIAMI-DADE COUNTY FOR THE DISPOSAL OF CERTAIN SOLID WASTE COLLECTED IN AND BY THE CITY OF MIAMI, PURSUANT TO INTERLOCAL AGREEMENTS BY AND BETWEEN THE CITY OF MIAMI AND MIAMI-DADE COUNTY, FLORIDA, ENTERED INTO ON SEPTEMBER 29, 1995, FOR FISCAL YEAR 2002-2003, IN AN AMOUNT NOT TO EXCEED $11,317,068; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 422001.320302.6.531; FURTHER DIRECTING THAT THIS PAYMENT AMOUNT CANNOT BE INCREASED WITHOUT APPROVAL OF THE DEPARTMENT OF STRATEGIC PLANNING, BUDGET AND PERFORMANCE. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Mr. Gimenez: Commissioner, Mr. Chairman, we do have that information, and it's from Dade County. the percentage increase is a .8 percent increase. It went from $49.30 a ton to$49.65 a ton, and the transfer fee went from 9.80 a ton -- $9.80 a ton to $9.85 a ton. Chairman Winton: Oh, OK, so that's less than one percent increase. Mr. Gimenez: Yes, sir. Chairman Winton: OK, thank you very much. 123 January 9, 2003 Commissioner Regalado: Yeah. In the price of the ton, but what we pay, it's much. Maybe because we generate more trash? Mr. Gimenez: What's happened is that with the Clean Up Miami campaign, we have -- we're generating more tonnage, and so even though we've had, you can say a modest increase in the price, since we're actually generating more tonnage, it's gone up. Chairman Winton: It seems to me, once we get ahead of the curve on the Clean Up Miami campaign, that that ought to -- that the volume amount ought to drop back down again, so -- Mr. Gimenez: We agree. Chairman Winton: OK. Item 39. Now -- Commissioner Regalado: We need to -- Alejandro Vilarello (City Attorney): Mr. Chairman. Commissioner Regalado: We need to defer that. Chairman Winton: Yes, sir. Yes. I was going to -- because their board still hasn't voted, is that correct? OK, so we defer 39. Commissioner Sanchez: Mr. Chairman, before you move on, who's the Chairman of the Solid Waste Committee? Commissioner Gonzalez: I am. Commissioner Sanchez: Commissioner Gonzalez, when I first chaired that committee, and we were negotiating with them -- with the city, reference -- tried to find revenues for the city because we were financially strapped, we came into an agreement with a lot of the companies that they would provide free service to the city in community clean-ups. You know, maybe we need to look into that, because that was one of the agreements that's on the original agreement between the companies and the City of Miami; that they provide an "X" amount -- I forgot the amount of money that was in-kind services for these clean-ups, so maybe that's something that we need to explore. Mr. Gimenez: Yes, sir. 124 January 9, 2003 47. APPOINT STEVE KNEAPLER AND MONTY TRAINER AS MEMBERS OF COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE. AUTHORIZE AND DIRECT MANAGER TO ALLOCATE $3,400 IN SUPPORT OF COCONUT GROVE CHAMBER OF COMMERCE "WALKABOUT WEDNESDAY" EVENT WITH FUNDS COMING FROM COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE ACCOUNT. Chairman Winton: OK, Item 41. This is going to be board appointments section now, so two Commission at Large appointments on Item 41. Commissioner Regalado: OK, Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Regalado: As you know, you suggested and the Commission appoint me as the chairperson for that committee. Yesterday, I was approached by the Cocoanut Grove Chamber of Commerce, and they really want to be part of that committee because the committee is involved in the Chamber in every event that we have, so I propose that we appoint, as a voting member, the president of the Cocoanut Grove Chamber of Commerce. Chairman Winton: And does that replace one of these two here that we're looking at? Commissioner Regalado: Yes. Chairman Winton: Any suggestion on which one? Commissioner Regalado: Well, I don't know which one because I was thinking that if we have to either modify the ordinance -- because my recollection is that we appointed individual member. I don't know about Commission at Large. Is this -- Pricilla, is this a new thing or -- because I remember that you all did -- and I didn't appoint anybody because I became the Chairman, and you all appointed -- I remember Angle appointed -- no, I appointed, I think, Kneapler. Chairman Winton: At least, it says here -- it shows that all of them are at large. Commissioner Sanchez: You nominated Steve Kneapler. Chairman Winton: Yeah, you simply nominated, but they're all at large. Commissioner Sanchez: (UNINTELLIGIBLE). 125 January 9, 2003 Commissioner Regalado: Right, I did, and then Angel nominated Monte Trainer, and then Jimmy Flannagan, and Sylvano, and then Art Noriega, of course, and the Greater Miami Chamber of Commerce -- I mean, of Tourism. Commissioner Regalado: So anyhow, would you like to -- I think, Commissioner Regalado, if you would -- it seems to me there's two options here: If you don't want to replace one of these two -- are these two people -- Madam Clerk, are these two people's terms up; is that the reason they're on here? Pricilla A. Thompson (City Clerk): No. They've had excessive absences -- Chairman Winton: Oh, OK, it says that. Ms. Thompson: -- per the liaison from that board. Chairman Winton: So, Commissioner Regalado, I guess, it seems to me that you have an option to either appoint someone in place of one of these two, or if you want to add a new member that's not part of the bylaws, you're probably going to have to bring that back with a recommendation from your board to modify the bylaws. Commissioner Regalado: No. I really would like to modify the bylaw. I just don't want to -- Chairman Winton: OK, that's fine. Commissioner Regalado: -- intrude on the appointments or nominations of other members of the Commission. Commissioner Sanchez: Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Sanchez: I just have one question. Why would you want to modify the board when you have people that aren't showing up? Commissioner Regalado: Because they do show up. Commissioner Sanchez: Not according to these documents we have here. You have several individuals that have missed a lot of days. You know -- Commissioner Regalado: Like, for instance? Commissioner Sanchez: I could have a different opinion, if you had people showing up and you wanted to add more people to the board. 126 January 9, 2003 Commissioner Regalado: No, but -- like for instance -- Joe, for instance, I think that, for instance, Monte Trainer was living outside of the city in New England, and then he came back, and he apologized to the committee. These are people who really want to be there, and so -- Chairman Winton: OK, so -- Joel Maxwell (Deputy City Attorney): Mr. Chairman. Chairman Winton: Yes, sir. Mr. Maxwell: If I might, one question for the Clerk. I think they -- Madam Clerk. Ms. Thompson: Yes. Mr. Maxwell: -- I think these absences -- well, this is before the Commission pursuant to the Code section, not the bylaws of that committee; the Code section, so you would have to actually modify the city Code that pertains to all boards and committees in order to reach the results you're looking for, and I don't know -- Chairman Winton: Why is that? Mr. Maxwell: It depends -- because it's a Code section that applies to all of the boards, and if you want to say -- Chairman Winton: Well, (UNINTELLIGIBLE) you add a member of a board, it's in the Code? Mr. Maxwell: No, the absentees. Chairman Winton: Yeah, but we're not talking about that. Commissioner Regalado: No, no, we're not talking about -- Chairman Winton: He's talking about adding a whole new classification to this board. It's going to be in the bylaws of the board. That's not a Code issue. He's not suggesting that we change the Code to excuse all these absences. Commissioner Regalado: No. Chairman Winton: We're still going to have to vote on reinstating these two people who have excessive absences. Mr. Maxwell: OK. Commissioner Regalado: I'm just saying -- Chairman Winton: Understand me, Joel? 127 January 9, 2003 Commissioner Regalado: -- if we can add another voting -- Mr. Maxwell: Yeah, I follow you now. Commissioner Regalado: -- member. Chairman Winton: Right. Commissioner Regalado: That's what I'm saying. Chairman Winton: So, now -- yes, ma'am. Ms. Thompson: According to what's in our ordinance, it does show your breakdown for membership, so that means you would have to change what's listed in the ordinance, or whatever legal legislation we have, but there is a breakdown list of who the members shall be and who they shall be appointed by. Chairman Winton: We understand that. Mr. Maxwell: And the number of members. Chairman Winton: So -- Ms. Thompson: That's correct. Chairman Winton: -- which has to be -- that's right. Mr. Maxwell: Yes. Chairman Winton: So that's why I asked -- you know, Commissioner needs to take that back to this board and see if they want to make that change, and bring it forward to the Commission. Mr. Maxwell: And then it comes back to you all. Chairman Winton: That's correct. Mr. Maxwell: You have to actually amend the Code to do it. Chairman Winton: So, now, that's to add a new classification. We still are required to vote on reinstating these two people who have excessive absences, so -- Commissioner Regalado: And who are they? Chairman Winton: Steve Kneapler and Monte Trainer. Commissioner Gonzalez: Monte Trainer. 128 January 9, 2003 Commissioner Regalado: OK. I'll renominate Steve Kneapler. Commissioner Sanchez: Second. Commissioner Gonzalez: I'll renominate Monte Trainer. Commissioner Sanchez: Second. Chairman Winton: So we have a motion and a second on renominating both people who exceeded the absences. Any further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following resolution was introduced by Commissioner Regalado, who moved for its adoption: RESOLUTION NO. 03-52 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE FOR TERMS AS DESIGNATED HEREIN. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Commissioner Sanchez: I have another question. Chairman Winton: Yes, sir. Commissioner Sanchez: When you modify this ordinance, you're not going to be able to add one more person; you're going to have to add two more persons. Chairman Winton: Most likely. 129 January 9, 2003 Mr. Maxwell: You're going to go to an -- I mean (UNINTELLIGIBLE). Chairman Winton: So you stay with the (UNINTELLIGIBLE), yes. Commissioner Sanchez: Of course. Commissioner Regalado: Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Regalado: Something that we -- that committee met last night, and they wanted me to convey to you and the City Commission that, at the December 11, 2002, the Coconut Grove Special Events and Marketing Committee approved an expenditure of $3,400 to provide support to the Coconut Grove Chamber of Commerce for "Walkabout Wednesdays." This expenditure, which is money from the committee by the way, has not been approved by the City Commission, so I would like now to (UNINTELLIGIBLE) the motion so the Commission can approve this expenditure by the committee, and we can cut the check for the Walkabout Wednesdays event -- Chairman Winton: Is that required? Commissioner Regalado: -- which, by the way, are becoming something important. Mr. Maxwell: I think they are required to have approval of the Commission before they -- Chairman Winton: OK, so it is a requirement that any dollar they spend comes back before this Commission? Mr. Maxwell: Out of that committee. Commissioner Regalado: It's out of the committee. Chairman Winton: Yeah, I understand. I'm just curious why the committee can't make that decision -- Commissioner Sanchez: Right. Chairman Winton: -- as opposed to the Commission. Commissioner Regalado: Because it has to come to the Commission. Chairman Winton: OK, so we have a motion. Commissioner Sanchez: Second. 130 January 9, 2003 Chairman Winton: Motion and a second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. The following motion was introduced by Commissioner Gonzalez, who moved for its adoption: MOTION NO. 03-53 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLOCATE $3,400 IN SUPPORT OF THE COCONUT GROVE CHAMBER OF COMMERCE "WALKABOUT WEDNESDAY" EVENT WITH FUNDS COMING FROM THE COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE ACCOUNT. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. 48. APPOINT RENE ALFONSO, ALLYSON WARREN, FRED JACKSON, AND RICHARD PAUL HUS AS MEMBERS OF COMMUNITY TECHNOLOGY ADVISORY BOARD. WAIVE RESIDENCY REQUIREMENTS CONTAINED IN SECTION 2-884 OF CITY CODE AS IT PERTAINS TO RICHARD PAUL HUS. Chairman Winton: Item 42, Community Technology Advisory Board. Commissioner Gonzalez. Commissioner Gonzalez: I reappoint Rene Gonzalez -- Rene Alfonso, I'm sorry. Chairman Winton: OK, so we have a motion on Rene Alfonso. Commissioner Gonzalez: Alfonso. Commissioner Sanchez: Second. Chairman Winton: Motion and a second on Rene Alfonso. Discussion. Being none, all in favor, aye. 131 January 9, 2003 The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries on Rene. The following motion was introduced by Commissioner Gonzalez, who moved for its adoption: MOTION NO. 03-54 A MOTION APPOINTING RENE ALFONSO AS A MEMBER OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Commissioner Regalado: I reappoint Allyson Warren. Chairman Winton: And, Joe, are you going to reappoint Fred? Commissioner Sanchez: Yes, sir. Chairman Winton: OK, so why don't you do so in this same motion? Commissioner Sanchez: OK, reappoint Fred Jackson. Chairman Winton: Now, as Chairman, can I reappoint this guy while I'm sitting here as the Chair, so we vote for all three at once? Joel Maxwell (Deputy City Attorney): Pass the gavel. Chairman Winton: Well, I don't know where it went. Commissioner Regalado: Commissioner Teele is here Commissioner Sanchez: Commissioner Teele is here. 132 January 9, 2003 Chairman Winton: With the gavel passed, I would like to reappoint Richard Paul-Hus. Now, do I take the gavel back? Mr. Maxwell: Yes, sir. Chairman Winton: OK, gavel's back. Any further discussion on Richard -- Pricilla A. Thompson (City Clerk): Chairman Winton. Chairman Winton: Yes, ma'am. Ms. Thompson: With Mr. Paul-Hus, you will have to also give him a residency waiver. Commissioner Sanchez: Four/fifths waiver? Chairman Winton: Right. Ms. Thompson: Yes. Chairman Winton: Four/fifths. OK, so --- Commissioner Gonzalez: Move for the -- Chairman Winton: -- Richard Paul-Hus, Allyson Warren, Fred Jackson. Any further discussion? And Renee Alphonso, so -- oh, we already did that, I'm sorry, so Richard Paul-Hus, Allyson Warren, Fred Jackson. Any further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 03-55 A MOTION APPOINTING THE FOLLOWING INDIVDUALS AS MEMBERS OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD: ALLYSON WARREN, FRED JACKSON, AND RICHARD PAUL -HUS. 133 January 9, 2003 Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Commissioner Sanchez: S o move the four/fifth waiver. Commissioner Gonzalez: Second the four/fifth. Chairman Winton: Got a motion and a second on waiver. Any further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 03-56 A MOTION WAIVING THE RESIDENCY REQUIREMENTS CONTAINED IN SECTION 2-884 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS IT PERTAINS TO THE APPOINTMENT OF RICHARD PAUL HUS. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 134 January 9, 2003 Chairman Winton: And we'll wait for the Mayor to make his appointment, and Commissioner Teele, when he gets here. Ms. Thompson: He's here. Chairman Winton: Oh, he is? Commissioner Regalado: He's here. Chairman Winton: Oh, I'm sorry, Commissioner Teele. I didn't see you. Commissioner Teele, we're on 42, which is Community Technology Advisory Board. Would you like to -- Mr. Maxwell: Mr. Chairman. Chairman Winton: Yes. Mr. Maxwell: Oh, I'm sorry. Community Technology -- OK, 43. Chairman Winton: Commissioner Teele -- I mean, Vice Chairman Teele, is he there? Oh, I'm sorry. Vice Chairman Teele: I would move to reappoint Judy Brown. Commissioner Gonzalez: Second. Vice Chairman Teele: Dr. Judy Brown. Commissioner Gonzalez: Second. Chairman Winton: We have a motion and a second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-47 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. 135 January 9, 2003 Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None ABSENT: None 49. RE-ESTABLISH COMMISSION DISTRICT BOUNDARY COMMITTEE. Chairman Winton: Yes, sir, Mr. City Attorney. Joel Maxwell (Deputy City Attorney): Item 43 and 44 are sunsetted boards, so before you appoint any members to those boards, you need to re-establish those boards. That's the Commission -- District Boundary Committee and also the Boards and Committees Review Committee. Chairman Winton: So, let's start with 43. Is it the will of the Commission to re-establish the -- Commissioner Gonzalez: So move to re-establish. Chairman Winton: -- Commission District Boundary Committee. Vice Chairman Teele: Second. Chairman Winton: So we have a motion and a second on re-establishing the committee. Do we have discussion on that? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. 136 January 9, 2003 The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-58 A RESOLUTION OF THE MIAMI CITY COMMISSION CREATING AND ESTABLISHING THE CITY COMMISSION REDISTRICTING COMMITTEE FOR A PERIOD NOT TO EXCEED ONE YEAR TO EVALUATE, ADVISE AND MAKE RECOMMENDATIONS TO THE CITY COMMISSION REGARDING POSSIBLE CHANGES AND INCREASES TO EXISTING CITY COMMISSION DISTRICTS; SETTING FORTH SAID COMMITTEE'S PURPOSE, POWERS AND DUTIES; AND PROVIDING FOR MEMBERSHIP, OFFICERS, PARLIAMENTARY AUTHORITY AND RULES OF PROCEDURE, MEETINGS, QUORUMS, ATTENDANCE; ASSIGNMENT OF PERSONNEL, NOTICES AND FILING OF RECORDS. Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Chairman Winton: Now we can make appointments. Vice Chairman Teele: May I inquire? I don't have the underlining ordinance. How many -- Chairman Winton: Members? Vice Chairman Teele: -- members -- in other words, everybody else had appointed, except Commissioner Gonzalez and myself? Commissioner Gonzalez: That's right. Vice Chairman Teele: And the Mayor? Mr. Maxwell: Which one are you talking about? Vice Chairman Teele: Under 43? 137 January 9, 2003 Chairman Winton: On the District Boundary one. Vice Chairman Teele: Under District Boundary. Chairman Winton: Yeah, so -- Mr. Maxwell: I don't know. Chairman Winton: -- which is an interesting question. Well -- but how is it that you had -- I understand Commissioner Teele's question clearly. I mean, it looks like the Mayor has three appointments -- Mr. Maxwell: While we look into that, you want to continue this item? Chairman Winton: OK, you all figure that out; we'll come back? Mr. Maxwell: Yes. Chairman Winton: Thank you. Mr. Maxwell: And the same thing will happen with the next one. Chairman Winton: And the same thing with 44, so you'll figure both of those out -- Mr. Maxwell: Yes. Chairman Winton: -- and we'll come back to 43 and 44. Forty-five, Commission on the Status of Women, Commissioner Sanchez. Commissioner Sanchez: I would defer at this time, Mr. Chairman. Chairman Winton: OK, and the Mayor isn't here, so we will go to 46. 50. APPOINT ROSA CABEZA DE LA TORRE AS MEMBER OF HEALTH FACILITIES AUTHORITY. Chairman Winton: So we will go to 46, Health Facilities Authority Board. Commissioner Gonzalez. Commissioner Gonzalez: I appoint Dr. Rosa Cabeza De La Torres, MD. Chairman Winton: So we have a motion. Commissioner Sanchez: Second. Commissioner Regalado: Second. 138 January 9, 2003 Chairman Winton: And a second. Any further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-59 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE HEALTH FACILITIES AUTHORITY FOR A TERM AS DESIGNATED HEREIN. Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 51. APPOINT ALEX PRADEL AS MEMBER OF INTERNATIONAL TRADE BOARD. Chairman Winton: Forty-seven, International Trade Board. Commissioner Teele Vice Chairman Teele: Yes. I would like to appoint Alex -- Lewis Alex Pradel, P -R -A -D -E -L. Chairman Winton: P -R -A -D -E -L? Vice Chairman Teele: -- D -E -L. Chairman Winton: OK, we have a motion. We need a second. Commissioner Gonzalez: Second. Chairman Winton: We have a motion and a second. Discussion. Vice Chairman Teele: Does that require a waiver for residency? Nobody's a resident. I know -- 139 January 9, 2003 Chairman Winton: It does not? OK, so we have a motion and a second. Any further discussion on the nomination? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-60 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE INTERNATIONAL TRADE BOARD FOR A TERM AS DESIGNATED HEREIN. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 52. APPOINT IGNACIO ABELA AS MEMBER OF MIAMI AUDIT ADVISORY COMMITTEE. Chairman Winton: Miami Audit Advisory Committee. Commissioner Gonzalez, you have an appointment? Commissioner Gonzalez: I'll appoint Ignacio Abela, CPA (Certified Public Accountant), and I need a four/fifth. Chairman Winton: OK, so we need a four/fifths vote on -- Vice Chairman Teele: Second the motion. Chairman Winton: We have a motion and a second, which includes residency requirements, four/fifths vote. All in favor, "aye." The Commission (Collectively): Aye. 140 January 9, 2003 Chairman Winton: Like sign, opposed. Motion carries. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-61 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE MIAMI AUDIT ADVISORY COMMITTEE FOR A TERM AS DESIGNATED HEREIN. Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 53. DEFER APPOINTMENTS TO MIAMI SPORTS AND EXHIBITION AUTHORITY (MSEA) AND DIRECT MANAGER TO SCHEDULE FOR NEXT AGENDA PROPOSED RESTRUCTURING OF MIAMI SPORTS AND EXHIBITION AUTHORITY. Chairman Winton: MSEA (Miami Sports and Exhibition Authority). By the way, Mr. City Attorney or Madam City Attorney, we have a first reading ordinance that I would like to make sure is back on the agenda next time so we can get rid of it, one way or the other, on MSEA. OK, on Miami Sports and Exhibition -- Vice Chairman Teele: You know what, Johnny. Chairman Winton: Yes, sir. Vice Chairman Teele: Mr. Chairman, if you're going to move forward with an ordinance, does it change the number of members? Chairman Winton: Yes, it does. Vice Chairman Teele: Then why do we make any of the appointments? All appointments stay until they are replaced; is that right? Chairman Winton: That's correct. 141 January 9, 2003 Maria Chiaro (Assistant City Attorney): Yes, sir. Vice Chairman Teele: So -- I mean, if we're going to consider changing who's there, the number, it would really send the wrong signal -- Chairman Winton: So maybe we bring both of these back at the next meeting and deal with the -- Vice Chairman Teele: Well, you're going to need an ordinance, so you're going to have a first reading, and we bring this back when it comes up for second reading. Chairman Winton: It's already had first reading. Vice Chairman Teele: The ordinance? Chairman Winton: The ordinance has first reading. We've never dealt with the second reading of the ordinance. Commissioner Regalado: No, no, no, no, no. Remember -- Commissioner Gonzalez: No, no. Chairman Winton: On the reorganization? Absolutely, it has. Commissioner Regalado: No. Remember that we -- Ms. Chiaro: Mr. Chairman, when it was before you previously, it was -- Commissioner Sanchez: Modified. Ms. Chiaro: -- approved at first reading, and then came back for second reading, and at the time Commissioner Sanchez: It was modified. Ms. Chiaro: -- it came back for second reading, the direction was made that there would be major modifications, and that it would come back again for a first reading. Chairman Winton: I don't think that's correct. I'd like you to check your records. Ms. Chiaro: Yes, sir. Commissioner Regalado: Yeah, she's correct, Johnny. In fact -- Chairman Winton: All we did -- 142 January 9, 2003 Commissioner Regalado: You -- Chairman Winton: Well -- no, we didn't -- Commissioner Regalado: -- talk about the County -- Chairman Winton: -- add the two -- we said -- I thought the discussion was, should we add the County Commissioner, and we ought to think about that and discuss that. Vice Chairman Teele: Johnny, it was my ordinance. It had laid there. I -- we killed it. Voted to kill it, and then, in the discussion, after we killed it, there was discussion about maybe putting a County Commissioner on, and those kinds of things that we discussed. We did not take this up on first reading, and it was going to be your ordinance. Chairman Winton: OK. Ms. Chiaro: We will have it on the next agenda. Chairman Winton: Thank you, and bring this one with it. OK, fine. Vice Chairman Teele: Well, don't bring this till the second reading. Chairman Winton: Right, I agree, I agree. 54. APPOINT SAM BURSYN, MAX CRUZ, MARITZA GUTIERREZ, JORGE LUIS LOPEZ, VANESSA ACOSTA, LEWIS FREEMAN, ARTHUR HERTZ, AL DOTSON, JR. AND LARRY COKER AS MEMBERS OF ORANGE BOWL ADVISORY BOARD. Chairman Winton: Item 50, Orange Bowl Advisory Board. Commissioner Teele. Vice Chairman Teele: I'm going to appoint Sam Burstyn as one of the appointments, based on the fact that he has a business in the very near area. I assume, Mr. Chairman, of the Orange Bowl Advisory Committee, he's been satisfactory. Commissioner Sanchez: Yes, sir, he has. Chairman Winton: OK, so Commissioner Teele is reappointing Sam -- what is it, Burstyn? Vice Chairman Teele: Burstyn. Commissioner Sanchez: Burstyn. Chairman Winton: OK. Commissioner Regalado. Commissioner Regalado: You still have one. 143 January 9, 2003 Vice Chairman Teele: No. Commissioner Sanchez: No. Chairman Winton: He's only going to make the one, it sounds like. Commissioner Regalado: OK, Max Cruz and Maritza Guiterrez. Chairman Winton: Commissioner Gonzalez. Commissioner Gonzalez: Jorge Luis Lopez and Vanessa Acosta, who requires a waiver. Chairman Winton: OK. Commissioner Sanchez: We'll get to the waivers because I also have one with a waiver. Chairman Winton: Well, just include it in and we'll get the four/fifths vote. Commissioner Sanchez: OK. Chairman Winton: Commissioner Sanchez. Commissioner Sanchez: I would like to reappoint Lewis B. Freeman and Arthur Hertz -- Chairman Winton: And I'd like -- Commissioner Sanchez: -- who requires a four/fifth residency waiver. Chairman Winton: OK, and I'll pass the gavel to Commissioner Gonzalez, and would like to reappoint Al Dotson, Jr. and Larry Coker, both of whom require a waiver. Commissioner Gonzalez: We have a motion. We need a second. Vice Chairman Teele: Second. Commissioner Sanchez: Second. Chairman Winton: All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. 144 January 9, 2003 The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-62 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ORANGE BOWL ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Chairman Winton: Thank you. Commissioner Sanchez: Hey, Johnny. Chairman Winton: Yes, sir. Commissioner Sanchez: Just for the record, both of your appointees have never attended. Chairman Winton: Well, I think that Coach Coker is going to -- from what I understand, he has a great interest and probably will start attending. Miami Street Code Designation Review Committee. Commissioner Sanchez. Commissioner Sanchez: Do I have an appointee? Chairman Winton: Yes. Commissioner Sanchez: I'll defer at this time. Chairman Winton: OK. That's the only one. 145 January 9, 2003 55. APPOINT RAFAEL CABEZA AS MEMBERS OF SISTER CITIES COORDINATING COUNCIL. Chairman Winton: Sister Cities Coordinating Council. Vice Chairman Teele, you have an appointment. Is he there? Vice Chairman Teele: (INAUDIBLE). Chairman Winton: OK. Commissioner Gonzalez, you have one. Commissioner Gonzalez: Rafael Cabeza. Chairman Winton: And I don't have anyone, so we have a motion on Rafael Cabeza. We need a second. Hey, Joe, need a second. Commissioner Sanchez: Second. Chairman Winton: We have a motion and a second. Further discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-63 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE SISTER CITIES COORDINATING COUNCIL FOR TERMS AS DESIGNATED HEREIN. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 146 January 9, 2003 Chairman Winton: Urban Development Review Board. Commissioner Regalado, you have one nomination -- Commissioner Sanchez: Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Sanchez: Never mind. Chairman Winton: OK. Commissioner -- Commissioner Regalado: I'll defer the Urban -- Chairman Winton: You're deferring on Urban, OK. 56. APPOINT CATHY LEFF, LUIS REVUELTA, MAX STRANG, DANA MANNER, ARVA PARKS AND TAMARA GORT AS MEMBERS OF PLANNING ADVISORY BOARD. Chairman Winton: So we'll go to item 54, Planning Advisory Board. Commissioner Sanchez, you have two nominations. Commissioner Sanchez: I would like to reappoint Dana Manner and Arva Parks. Chairman Winton: Ok. Commissioner Gonzalez, you have two. Commissioner Gonzalez: Ok, I will reappoint Tamara Gort and appoint Guillermo Revuelta. Chairman Winton: Guillermo Revuelta. Ok, Commissioner Regalado, you have -- Teresita Fernandez (Executive Secretary, Hearing Boards): Mr. Gonzalez Guillermo, may I? Teresita Fernandez, City Clerk's office. Mr. Gonzalez, Guillermo Revuelta did not apply. He did not apply. Commissioner Gonzalez: Oh, he had to apply? Chairman Winton: They are required to apply. Commissioner Gonzalez: Ok, then, I'll defer this until next meeting. Chairman Winton: Ok, Commissioner Regalado. Commissioner Regalado: I have a situation with a term limit of a board member and I need to consult more with the City Attorney. I need to defer this to the next meeting. Chairman Winton: Is that both of them? 147 January 9, 2003 Commissioner Regalado: Yes sir. Chairman Winton: Ok. Vice Chairman Teele? You have two nominations, seats currently held by Cathy Left and James Black. Vice Chairman Teele: I'd like to reappoint Cathy Left at this time. Commissioner Sanchez: Second. Chairman Winton: Ok and I'd like to pass the gavel for one second to make my nominations reappointing Luis Revuelta and Max Strang. Commissioner Gonzalez: We have a motion. We need a second. Commissioner Regalado: Second. Chairman Winton: We have a motion and a second. All in favor of the nominations made, aye. The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-64 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS AS REGULAR MEMBERS AND AS AN ALTERNATE MEMBER OF THE PLANNING ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 148 January 9, 2003 57. APPOINT JUVENAL PIMA, ILEANA HERNANDEZ-ACOSTA, ALLAN SHULMAN AND JOSEPH GANGUZZA AS MEMBERS OF ZONING BOARD. Chairman Winton: 55, Zoning Board. Commissioner Sanchez, you have two? Commissioner Sanchez: Yes I would like to reappoint Juvenal Pina and Ilena Hernandez -Acosta. Chairman Winton: Commissioner Gonzalez. Commissioner Gonzalez: I'll defer my appointments for next meeting. Chairman Winton: Ok, Commissioner Regalado. Commissioner Regalado: I'll defer both because of the same situation. Chairman Winton: Vice Chairman Teele. Vice Chairman Teele: Id like to defer mine. Chairman Winton: Ok, we have a deferrals again and pass the gavel so that I can make my two nominations. I will reappoint Alan Schulman and Joseph Garguzza. Commissioner Gonzalez: We have a motion. We need a second. Vice Chairman Teele: Second. Commissioner Gonzalez: Motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-65 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS AS REGULAR MEMBERS AND AS AN ALTERNATE MEMBER OF ZONING BOARD FOR TERMS AS DESIGNATED HEREIN. 149 January 9, 2003 Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 58. ACCEPT MANAGER'S RECOMMENDATION TO REJECT ALL PROPOSALS RECEIVED FOR PROFESSIONAL ARCHITECTURAL SERVICES IN CONNECTION WITH FOUR NEW FIRE STATIONS. (See #5, #39 & #60). APPROVE CHIEF PROCUREMENT OFFICER'S DECISION TO REJECT PROTEST OF BERMELLO AJAMIL & PARTNERS, INC., IN CONNECTION WITH REQUEST FOR PROPOSALS NO. 00-02-251 ISSUED FOR PROFESSIONAL DESIGN SERVICES FOR FOUR NEW FIRE STATIONS, AS SUCH PROTEST HAS BEEN DETERMINED NOT TO COMPLY WITH PROCEDURAL REQUIREMENTS OF CITY CODE. (See #5, #39 & #60). Chairman Winton: Ok, now there were some issues that we were going to bring back including one determining the date by which we would have -- what was it? Carlos A. Gimenez (City Manager): One of the things is we have item 33 and 33A, that we were asking to come back with a final recommendation on that item, sir. Chairman Winton: Ok, so let's do that one then. Mr. Gimenez: The administration continues with its recommendation to throw out the bids and go our for a new RFP (Request for Proposals). We feel while it may be legal, certainly legal to go on with this RFP and RFQ, that for practical reasons it's not a good idea and Ms. Palacino, the director of CIP (Capital Improvements Program) will come up and explain the reasons why. Janet Palacino (Director, Department of Capital Improvement Projects): Staff recommends rejecting the proposals for two specific reasons. The first from a practical standpoint it is not practical to go out for a design consultant before you have a site to design a building on. In this case there are four fire stations 13, 14 10 and 11. Two of which you have no sites to design on. Is it a legal matter? No. Is it a practical matter? From staffs perspective it's a practical matter. The second reason is the City is making a great effort to go through substantial change in the way it handles its capital improvement processes. That means changing in procedures and policies and of processes and we're making every effort to do that. One of the things that we're going to be implementing is a change to the way we select consultants. We're going to simplify 150 January 9, 2003 it such that it's going to minimize a lot of what you see here with this particular item, so staff's recommendation is ultimately to reject the proposals on this particular item. Chairman Winton: Well, the ball's in our court, so we need a motion to do one of two things. At least maybe there's another alternative but the most obvious are to accept staff recommendation or reject staff recommendation. Commissioner Gonzalez: I move to accept the staff recommendation. Chairman Winton: We have a motion to accept staff recommendation. Do we have a second? Commissioner Sanchez: Second. Chairman Winton: We have a second. Discussion? Vice Chairman Teele: Mr. Chairman, are you all here on this item. Who are you all (INAUDIBLE)? Eddie Lamas: Bermello Ajamil & Partners. Vice Chairman Teele: Could I just hear from your -- Chairman Winton: I'm sorry, Commissioner Teele, I can't hear you. Vice Chairman Teele: I'm just trying to make sure that everyone from the public that wanted to be heard -- Id like to just to understand what the public concerns are. Chairman Winton: Fine. You're recognized, sir. Name and address, please. Mr. Lamas: Yes. Good afternoon. My name is Eddie Lamas. I'm a partner with Bermello Ajamil & Partners, and thank you for the opportunity. I know it's been a long process. Our arguments been very simple, only a couple of issues. One is that we were not given all the information. Chairman Winton: I don't think -- we do not want to get into the technical pat of this at all. That's been hashed out somewhere else and we're not going to get into that debate so. Vice Chairman Teele: The only issue is whether or not you wanted to respond or make a comment to the staff recommendation. That's the only issue. Chairman Winton: That's correct. You have a comment on the debate about staff recommendation. Kristin Kantz: I'm sorry. My name is Kristin Kantz, 6635 Southwest 28th Street, to the staff recommendations to throw out all the proposals, is that correct? 151 January 9, 2003 Chairman Winton: Mr. Manager? Mr. Gimenez: What this does, yes, it throws out all the proposals. There will be an RFP process for two fire stations, which we have the sites for and then what we're proposing to do is with the possibility of the same firm doing the next two fire stations, if we acquire those pieces of property in an expeditious manner. If not, then we may go out for an RFP for those other two pieces. We can't do this with the way that it was written right now, because if we could, we would just say give the two fire stations to the winner firm and then go out for an RP for the other two fire stations, but apparently what the legal department is telling us that we can't do this in this particular time. We have to throw out the entire thing. That's what we did. Chairman Winton: Did that answer your question? Ok, is there someone over here? James Piersol: Yes, sir. Thank you. My name is James Piersol. I live at 17225 Southwest 83 Court Miami. I'm a principal with MC Harry and Associates Architects. With me today is my partner Tom Carlson and our project Manager, Mr. Julio Webble. We were basically here at the last two commission meetings waiting to hear the basically the bid protest being lodged by Mr. Bermello's firm. We were very, very disappointed this morning today to hear that the item had been pulled. We have looked at the selection process. We've looked at the words in the RFQ. Everybody understood that there were at least two sites that were not yet selected, and that was when were being selected as architects for four fire stations we all knew that there were not sites for all the fire stations, so we knew that it was going to be four separate projects with four separate timelines, and we were hoping to be able to basically win the project, negotiate the contract such that we could then design the projects as they go forward. We, quite honestly, do not see the need to go back and readvertise on the basis that's here. The main reason that were doing that is simply because the issue was not taken up in the November meeting and did not come up on the December meeting and now we're here today, so we have lost a lot of valuable time. We spent a lot of time and energy to win the project. We are very thrilled to have the opportunity to possibly serve the City. We've been a City of Miami business for over 30 years. Never had -- Vice Chairman Teele: Within the city limits? Mr. Piersol: Within the city limits, our company is at 2780 Douglas Road. It is in Commissioner Winton's district. We've been there for over 30 years, and serving the City would be an absolute thrill. As I said, were very disappointed if you choose to go this way. We, quite honestly, don't see why you couldn't proceed with the selection as it was and just make the other two sites optional. Thank you. Vice Chairman Teele: Are you Coral Gables or City of Miami? Mr. Piersol: We are City of Miami, sir. Coral Gables is 2 blocks away. I pay City of Miami business taxes every year sir. Chairman Winton: Thank you very much for your comments. Anyone else? I would like to -- I'm not going to -- I don't want to have a big battle over this and I'm not going to fall on a sword. 152 January 9, 2003 I think Commissioner Teele's original comments are most appropriate. I'm struggling with -- I heard Janet's argument. I -- yes, sir? Vice Chairman Teele: Mr. Chairman, do we have a motion? Chairman Winton: Yes, there's a motion and a second to accept staffs recommendation, so we're in the comment stage, and I heard Janet Palacino's comments about this, and frankly, the logic doesn't flow with the comment in my mind at all. As this gentleman said, and I don't know him at all, I don't know his firm at all, never met any of them, so I don't know them, but if they did all prepare their proposals on this RFP understanding that two of the sites hadn't been purchased, they know then that it's going to take a different design standard, most likely a different design standard, and a different design to design the next two buildings so that's a part of their proposal. They already figured that out and they put that all in their proposals, so the argument that you know they don't know what the sites are, I bought into that argument when it was first made to me because they didn't, but what I didn't understand is that they already knew that there was going to be two sites that hadn't ever been chosen, so you couldn't design around the two sites and their proposal anticipated that, so the logic of this escapes me. At least to me personally I don't really think there's any politics in this. I think staff's doing what they think is right, so I don't think there's any politics in this. It just doesn't feel good. I think it sends not a good message to our vendors out there, and so I'm probably not going to support the motion. Any other comments? Vice Chairman Teele: Mr. Chairman, I want to confirm two things. First, Mr. Manager, who put this bid out and did the bid document suggest in writing that two of the sites had not been selected? Mr. Gimenez: I believe that the department of public works originally put this bid out. Ms. Palacino: I was not here at the time. I believe it was the Department of Public Works. Vice Chairman Teele: Mr. Chairman, I want to just say one thing. I don't ever want to hear you say you weren't here when something was done because we all stand in the shoes. We can't get up and say as Commissioners we weren't here when the Commission did that. We all stand in the shoes that we're asked to fill, and I want to be very clear because I had this discussion with the Mayor, I've had it with the Manager. I had a horrible discussion with a previous Manager where we had a long debate and discussion about something related to parking lots, with a different Manager, then that Manager leaves and six months later that Manager says well I'm not a crook and why are you accusing me of this that and the other, and this is the point I'm making. We are a government. This is not individuals, and everybody has to stand in the shoes of the process and the fear that I have as we talk about changing Managers, and I for one hope we don't change managers. I must put that on the record, because we've got too much on this table and if the next Manager comes in and starts saying, "I wasn't here," we're going to have a mess. We're going to have a mess and that's the one thing I'm not going to allow anybody to come in here and start saying that I wasn't here. If this Commission voted on it, deliberated, if there was a document out there that relates to your job, everybody that comes in today and in the future is on notice that it's your job to know what was in that document, so please, ma'am, don't start any 153 January 9, 2003 discussion with me saying I wasn't here, because I wasn't here when a whole lot of the mess that I have to deal with everyday was done, but that's not something that I can -- all I ask is one question, was the document, the bid document -- did the bid document contain that reference of two stations not being there? That's all I'm asking. Ms. Palacino: Not that we're aware of, no. And Commissioner Teele, I wasn't just trying to make as a statement of fact that we don't -- I have to verify because -- Chairman Winton: Janet, I'd stick with the answers, please, so -- Ms. Palacino: I believe it was the Department of Public Works that put out the bid. I believe all four stations -- Vice Chairman Teele: Is there a Public Works Department representative here? Chairman Winton: The question is in the RFP document, did it say, in writing, anticipate that there were only two sites purchased and two more would be purchased at some point? Vice Chairman Teele: Well, let me ask Mr. Bermello, Mr. Chairman. Mr. Bermello, you were here. You bid on it. Chairman Winton: Well, there's another bid behind you. Vice Chairman Teele: Well, both of then can answer. You know, the industry generally knows more than government anyway, so -- Mr. Gimenez: Commissioner, it's not -- if I may. Vice Chairman Teele: But the document speaks for itself. Mr. Gimenez: Commissioner, our position is not whether it was in the documents or not. Our position is now we have a new CIP director. As we speak to the new CIP director, is it practical for the City to go in this fashion. In her opinion, it's not. If this body decides that it's ok and it's practical, then -- Vice Chairman Teele: (INAUDIBLE COMMENT) Mr. Gimenez: Fair enough. That's what I'm trying to support. Vice Chairman Teele: We can't have a director, any director, or a Manager come in here and say I wasn't here or I want to start all over again. Everybody's got to accept this thing as they find it and we can't start everything all over, and I want to just say one other thing. I want to support the director's recommendation, but I think we need to get the ground rules straight as we go forward. I'm concerned about two things. This City had not had any money in the last five years We've scrimped -- 154 January 9, 2003 Chairman Winton: 20. Vice Chairman Teele: 20 years, you're right. The voters gave us a referendum for which we have said we're going to move forward aggressively. We came back and said let's move on an emergency basis, a year and a month ago. Ok, now we're talking about something as basic and fundamental as fire stations, which one of my colleagues declared as an emergency and all that I'm suggesting to you is we cannot start this thing all over every time we going to have a new director of community development, we going to have a new director of -- how many vacancies do we have as department head? Every department head says I wasn't here, I need more time, I want to study, it we may as well all go take a six-month vacation and come back if we going to do things otherwise we're going to start over and I want to be on the record. Department heads have got to come up to speed and they got to rely upon other members of the staff. They cannot make this personal. It can't be about "t" It's got to be about the City. Mr. Gimenez: I think that Ms. Palacino is talking about the City and the practicality of this particular contract. If this body decides from a policy measure that we need to continue, then fine. We can go with this contract, and then the staff recommendation on the bid protest is that it has no merit and therefore give it to the winning firm. Vice Chairman Teele: Let me give you an example. We have one bond item for a soccer stadium. Using the logic that's been advanced here, today we can't do a darn thing about a soccer stadium. We can't plan it, we can't select an architect, we can't do anything until we select the site, and I reject that. I just want to have that discussion with you, because that, to me, is not -- when your talking about planning and design of something, it's first of all not contained within the state statue and second of all, as far as I'm concerned, we talking about building something on a mountain or granite or something or different kind or architecture worldwide then maybe you need to know where you're going to be are you going to be in Afghanistan or you're going to be in Sierra, but -- Mr. Gimenez: Commissioner, this is a question of, do you accept the logic, do you reject the logic. If you accept it, fine. If you reject it, then we -- Vice Chairman Teele: I'm accepting the recommendation without the logic. Mr. Gimenez: Fair enough. Ms. Palacino: In answer to the question, by the way, there was no mention of site select or site acquisition or the fact that there was no site for the two fire stations when the advertisement was put out. Chairman Winton: Well, did it say it was four sites in place? Ms. Palacino: It said that there were four fire stations that we were asking for the consultant to design. It did not indicate whether or not there was a site or -- 155 January 9, 2003 Chairman Winton: So it didn't say whether it were any sites purchased or not, one way or the other. Ms. Palacino: Did not. Chairman Winton: It was silent over whether we owned them or didn't own them. Ms. Palacino: Correct. Chairman Winton: Well, that even speaks more to the issue. Ok, so any further discussion from the Commission? Commissioner Regalado: Mr. Chairman, just very brief on that. I will accept the Manager's recommendation, but I think that this whole problem started because there were mistakes made by the staff in terms of timing and this created the rejection and the whole bid situation. If you are going to another bid, I would ask you, Mr. Manager, to tell the staff to follow exactly what they do because some documents -- that one of the bidders sent, I read both presentations that they left at the office and it clearly states that it was a mistake made by the staff in terms of timing, so I don't know what else you can do. I think it's the easiest way for us to get out of this mess to cancel everything, but it's not fair to anybody anyways, but I'm going to follow your advice. I'm done. Commissioner Sanchez: Mr. Chairman, I was hoping that these Pandora boxes wouldn't have been opened, but let me just say since the process since it started till it's gotten to this point where we've gone through almost three months back and forth there are arguments on all sides here. Whether the firm that came in second weren't graded properly, there are arguments on all sides. Company that basically had the contract, rather, they won the contract, they say they lost significant time in preparing that and of course I think all of the companies had significant loss in their firms financially, but the bottom line here is that the recommendation that we have to accept is that the City is going through changes. Yes, I have to say that. The CIP process in itself is a very complicated just learning how the process goes, but a lot to the things that are happening here today and the beauty of it is that we're all independent. We all don't agree on everything. Imagine if we did that, this would be chaos, but you know, that's the beauty of democracy. We're not going to always agree. I'm not going to always agree with Commissioner Teele. He's not going to agree with me. I'm not going to agree with the Chairman. There's always going to be disagreements, but the firms that are here today, they have arguments to present on both sides. We have to go with the recommendations -- we don't have to go with the recommendation of the City Manager. Usually, but under these circumstances, and I didn't want to get into these arguments because there are arguments on all sides. I think as a member of the legislative body is that we start from scratch and have the firms go out and rebid again, come back, and whoever wins it, wins it. I just think that's the logical thing to do here because I think that everyone has an argument on their behalf. Chairman Winton: Ok, we have a motion and a second. Any further discussion on this item, and the motion and the second is to accept the staff recommendation. Any further discussion? 156 January 9, 2003 Vice Chairman Teele: Can we have a roll call, please? Chairman Winton: Sure. Roll call, Madam Clerk. Priscilla A. Thompson (City Clerk): Roll call. [COMMENTS MADE DURING ROLL CALL] Vice Chairman Teele: I'm voting yes to support the CIP director's recommendation in the process, but I'm voting yes with deep regrets and express those to the otherwise successful offerer, because I really think it could send the wrong signal and stigma about this city, and I want to publicly say on the record that I hope that you'll reapply and I hope that you'll be given consideration as a result of this mess. Thank you. I vote yes. Chairman Winton: I guess, I probably couldn't have said it better than Commissioner Teele just did, so I won't repeat his words because they were perfect and as a consequence I, too, will vote yes for those very reasons. The following motion was introduced by Commissioner Gonzalez, who moved for its adoption: MOTION NO. 03-66 A MOTION ACCEPTING THE CITY MANAGER'S RECOMMENDATION TO REJECT ALL PROPOSALS RECEIVED FOR PROFESSIONAL ARCHITECTURAL SERVICES IN CONNECTION WITH FOUR NEW FIRE STATIONS. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. [COMMENTS MADE AFTER ROLL CALL] Alejandro Vilarello (City Attorney): Mr. Chairman, that was on item 33A. I'd like you to take up item 33. That's the rejection of the bid protest. Commissioner Gonzalez: So move item 33. 157 January 9, 2003 Chairman Winton: What's the staff recommendation here? Mr. Gimenez: That we reject the bid protest from Bermello Aj amil. Chairman Winton: Ok, so there's a recommendation of staff to reject the bid protest and we have a motion on the floor. Commissioner Sanchez: Second. Chairman Winton: We have a second. Discussion on that issue? Being none, all in favor, LL " aye. The Commission (Collectively): Aye. Commissioner Regalado: No. Chairman Winton: Like sign, opposed. Motion carries, with one in opposition. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-67 A RESOLUTION APPROVING THE CHIEF PROCUREMENT OFFICER'S DECISION TO REJECT THE PROTEST OF BERMELLO AJAMIL & PARTNERS, INC., IN CONNECTION WITH REQUEST FOR PROPOSALS NO. 00-02-251 ISSUED FOR PROFESSIONAL DESIGN SERVICES FOR FOUR NEW FIRE STATIONS, AS SUCH PROTEST HAS BEEN DETERMINED NOT TO COMPLY WITH THE PROCEDURAL REQUIREMENTS OF THE CITY CODE. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: Commissioner Tomas Regalado ABSENT: None. 158 January 9, 2003 59. DIRECT MANAGER TO SCHEDULE WORKSHOP IN CONNECTION WITH PROPOSED CIP (CAPITAL IMPROVEMENT PROJECTS) TO BE FUNDED WITH UNALLOCATED HOMELAND DEFENSE/ NEIGHBORHOOD IMPROVEMENT BOND FUNDS AT 2:30 P.M. ON THURSDAY, JANUARY 30, 2003 AT JAMES L. KNIGHT CENTER (See #3). Chairman Winton: Ok, there's a couple other things. I know we have to pick a date for the CIP workshop, so do you all have your calendars? Yes, sir? Vice Chairman Teele: Can you put it on Monday, the 27th, the day of the CRA (Community Redevelopment Agency) meeting, and the (INAUDIBLE) schedule to be a meeting on that day (INAUDIBLE) after 3? Chairman Winton: That's a great idea. So CRA is what time at 5 on that day? Vice Chairman Teele: 5 o'clock on the 27th Chairman Winton: Ok, 3 works for me. 3 o'clock to Monday January 27th. Is that ok, everybody? Shake a head yes or no. Vice Chairman Teele: The Manager's indicating (UNINTELLIGIBLE) and what I'm suggesting is we need more time (INAUDIBLE) longer than 5 `clock as opposed to coming (INAUDIBLE). Chairman Winton: Monday, January 27th Commissioner Sanchez: Well, I have scheduled a trip to Washington on that day. It falls on a Monday? Chairman Winton: Yes. Commissioner Sanchez: Monday and Tuesday, I'll be in Washington, both of those days. Vice Chairman Teele: What day is the Commission meeting? Commissioner Regalado: The 23rd Chairman Winton: Well, I think we're going to have to go to the next week then. Yeah, I'm not -- no, I can do it the Thursday, the 20 -- I can do it -- I just have to be out by 5:30, Thursday, the 3 0th Vice Chairman Teele: Then why don't we come in at 2:30? Chairman Winton: 2:30, that works for me. Commissioner Regalado: Where? 159 January 9, 2003 Chairman Winton: Joe? I don't know. Carlos A. Gimenez (City Manager): We suggested that we can go back to the same place where we had the original workshop. Commissioner Sanchez: What day is that? Chairman Winton: That's a Thursday, yes, the 30tH Commissioner Sanchez: I'm available. Chairman Winton: Commissioner Regalado. Commissioner Regalado: I'm fine. Chairman Winton: Commissioner Gonzalez. Commissioner Gonzalez: Yes, I'm free. Chairman Winton: All right, so the CIP workshop will be at 2:30 Thursday, January 30, at the James L. Knight Center. Need a motion. We have a motion, second. Discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. The following motion was introduced by Vice Chairman Teele, who moved for its adoption: MOTION NO. 03-68 A MOTION DIRECTING THE CITY MANAGER TO SCHEDULE A WORKSHOP IN CONNECTION WITH PROPOSED CIP (CAPITAL IMPROVEMENT PROJECTS) TO BE FUNDED WITH UNALLOCATED HOMELAND DEFENSE/ NEIGHBORHOOD IMPROVEMENT BOND FUNDS AT 2:30 P.M. ON THURSDAY, JANUARY 30, 2003 AT THE JAMES L. KNIGHT CENTER. 160 January 9, 2003 Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 60. CLARIFICATION BY CITY ATTORNEY REGARDING MOTION ACCEPTING MANAGER'S RECOMMENDATION TO REJECT ALL PROPOSALS RECEIVED FOR PROFESSIONAL ARCHITECTURAL SERVICES IN CONNECTION WITH FOUR NEW FIRE STATIONS (See #5, #39 & #58). Alejandro Vilarello (City Attorney): Mr. Chairman, if I could clarify, with regard to the motion that you passed accepting the Manager's recommendation to reject all proposals, that did refer to 33A and it was the recommendation that the Manager made today on the record as opposed to what's contained within your package, because the package has a different recommendation. Chairman Winton: Ok, so you're making that clarification for the record. Thank you. 61. ACCEPT MANAGER'S FINANCIAL UPDATE AND BUDGET OUTLOOK REPORTS FOR MONTHS OF OCTOBER 2001 THROUGH AUGUST 2002. Chairman Winton: Ok, what else do we have now? Do we leave any agenda items open? I'm sorry, 56? No, 56 is -- no. Yes, 56 is accepting the financial reports of the City of Miami. You all want to discuss it, you all want to defer it or you want to accept it? Commissioner Regalado: I'm sorry, which -- Chairman Winton: That's 56. In the back of your packet are a whole series of financial reports that are in here every Commission meeting not that I recall ever acting on them. Bob Nachlinger (Assistant City Manager - Finance and Administration): Actually, that's for the months of October 2001 through August 2002. There's 11 reports. Commissioner Sanchez: Move to accept the reports. Commissioner Gonzalez: Second. 161 January 9, 2003 Chairman Winton: We have a motion and a second. Further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 03-69 A MOTION ACCEPTING THE CITY MANAGER'S FINANCIAL UPDATE AND BUDGET OUTLOOK REPORTS FOR THE MONTHS OF OCTOBER 2001 THROUGH AUGUST 2002. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 62. RATIFY, APPROVE, AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE REQUIREMENTS FOR COMPETITIVE BIDDING PROCEDURES, AND APPROVE DEPARTMENT OF PUBLIC WORKS' ENGAGEMENT OF MECHANICAL ENGINEER TO CONDUCT STUDY FOR PURCHASE AND INSTALLATION OF NEW AIR CONDITIONING SYSTEM AT POLICE DEPARTMENT'S NEW FORENSIC LABORATORY, $30,150; ALLOCATE FUNDS FROM LAW ENFORCEMENT TRUST FUND. (See #38) Chairman Winton: Now, do we have any pocket items? Commissioner Sanchez: Yes sir. Deputy Chief of Police Bob Cheatham: Mr. Chairman, 32, I think you deferred to the afternoon. Chairman Winton: I thought there was something else we, what was it 32? Commissioner Sanchez: That was security? 162 January 9, 2003 Deputy Chief Cheatham: No, that was the ratification of an emergency work on the Chairman Winton: Air conditioning system. Deputy Chief Cheatham: Yeah, on the air condition ventilation system for the police department Forensic Lab, and I believe Commissioner Teele wanted some clarification as to why this wasn't done by the Public Works department. The actual ventilation -- Chairman Winton: Was that -- I don't think that was your, what was your real question Commissioner Teele? Vice Chairman Teele: (INAUDIBLE COMMENT). Chairman Winton: Ok. Deputy Chief Cheatham: Ok, the work is actually being managed by the police department directly through their consultants for that. That was done directly by the facilities management division for the police department, is that not correct? Ok. Vice Chairman Teele: Are those sworn police officers (INAUDIBLE)? Deputy Chief Cheatham: Yes. Vice Chairman Teele: Sworn police officers in the air conditioning business? Deputy Chief Cheatham: Yes, they were managing a contract with a professional engineering firm. Vice Chairman Teele: Ok, so who's the engineering in the police department. Who's the sworn police officer appearing here today (INAUDIBLE)? Chairman Winton: Step to the microphone can't hear (UNINTELLIGIBLE) Albert Dominguez (Assistant Director, Public Works): Albert Dominguez, Public Works. Bobby Cheatham: Bob Cheatham, Deputy Chief. There's no one that has that degree. Commissioner Sanchez: There's got to be somebody. Chairman Winton: Is this some sort of, is this a highly technical specialized air conditioning system. Commissioner Sanchez: It's a forensic air conditioning. Deputy Chief Cheatham: Yes, it does have some specialized specifications for it because -- 163 January 9, 2003 Chairman Winton: Some specialized specs. Deputy Chief Cheatham: Yes, it's for a forensic lab. They have to have a special ventilation for the chemicals. The extractors, they've got chemicals, they've got the bunsen burners, vapors and so forth. Public Works took a look at what they were requiring us to do and we recommended them to go out to a specialist engineering firm to do this. We don't have anybody technically -- Chairman Winton: Well, that makes sense. I think that's not his question. It makes sense to hire an outside expert which will be the engineering firm to engineer this thing so that you get what you really need, but I think Commissioner Teele's question is why is the police department managing the process, is that -- ? Vice Chairman Teele: Mr. Chairman, this is Public Works function. It is all over the government. It's a GSA (General Services Administration), a Public Works function. Usually, GSA has engineers and that's sort of the challenge that we got this CIP (Capital Improvements Program) department doing the big projects, the questions going to be why do we need a Public Works department if departments are now managing their own public works related activities. It's just unbelievable. See, this is something -- I defended the police department in every meeting about some of the things that my colleagues are concerned about, but I am just as concerned as everyone up here about the utilization of sworn police officers in maximizing -- getting them our them from behind some of these desk jobs. Chairman Winton: Commissioner Teele, I have a suggestion because what we're complaining about here is already done and I think that this is an issue -- no, no, aren't we ratifying? Yes, we are. We're ratifying an action that's already been taken, so your points well taken and I think is precisely a point that one of us, or you, ought to take up with the new police chief because it fits perfectly in terms of where he may be going, if you don't mind. Ok, so we need a motion and a second on the ratification of an action that's already been taken. Vice Chairman Teele: I so move. Commissioner Gonzalez: Second. Chairman Winton: We have a motion and a second. Further discussion? Being none, all in favor, "aye." Like sign, opposed. Motion carries. Commissioner Regalado: No, no. You got one "no." Chairman Winton: Ok, we got one "no," and the motion still carries. 164 January 9, 2003 The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-70 A RESOLUTION RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE BIDDING PROCEDURES, AND APPROVING THE DEPARTMENT OF PUBLIC WORKS' ENGAGEMENT OF A MECHANICAL ENGINEER TO CONDUCT A STUDY FOR THE PURCHASE AND INSTALLATION OF A NEW AIR CONDITIONING SYSTEM AT THE POLICE DEPARTMENT'S NEW FORENSIC LABORATORY, IN AN AMOUNT NOT TO EXCEED $30,150; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690003, SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE UNITED STATES DEPARTMENT OF THE TREASURY'S "GUIDE TO EQUITABLE SHARING." Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: Commissioner Tomas Regalado ABSENT: None. 63. BRIEF DISCUSSION REGARDING AMOUNT OF VACANT CITY POSITIONS (See #70). Commissioner Sanchez: Mr. Chairman, before we go onto pocket items, I'd like to reserve at least 3 to 5 minutes on some questions that I have and some concerns that I have pertaining to all the vacant positions and of course the employees that are moving on towards retirement and leaving these gaps, so I'd like to reserve at least 3 to minutes when the time is appropriate to discuss it. Chairman Winton: Well this is as good of time as any we're trying to wrap up so. Mr. Manager. Ok if anybody's got a pocket item, let's see if we could do a couple pocket items (UNINTELLIGIBLE). Commissioner Regalado: I do. 165 January 9, 2003 64. INSTRUCT MANAGER TO SCHEDULE PUBLIC HEARING ON JANUARY 23, 2003 IN CONNECTION WITH PROPOSAL TO GRANT CAMACOL (LATIN CHAMBER OF COMMERCE) $25,000 FROM UNUSED COMMUNITY DEVELOPMENT MICRO -LOAN FUNDS. (See #4). INSTRUCT MANAGER TO SCHEDULE ON JANUARY 23, 2003 AGENDA: ALL FUNDS IN DISTRICT 5 THAT WERE PLACED IN RESERVE BASED UPON EDUCATION COMMITMENTS FOR SCHOOLS THAT ARE FAILING; SOCIAL SERVICE ISSUES THAT WERE RAISED IN DISTRICT 5 MEETING; RESOLUTIONS RELATING TO BICENTENNIAL OF HAITI. Chairman Winton: And if you all don't mind I think the pocket items of substance, I think we need to al have a copy of those resolutions. The flag -- what do you call those things that drive me nuts? Commissioner Sanchez: The red flag. Chairman Winton: Yeah, the banners thing and all that jazz, but the ones that have real meat to them, I hope that in the future that we get the resolution passed out, so that we can read it as we're going through it. Commissioner Sanchez: Mr. Chairman, this is not a pocket item. What I'm going to do is make a motion to have the City administration put an item on the next agenda which is January the 23rd to be voted up or down by this Commission, so at this time what I want to do is make a motion instructing CDC staff to identify $20,000 for CAMACOL (Latin Chamber of Commerce) from the micro loan to be brought back to this Commission on 1-23-03 to be voted either up or down, and the reason why is that the developer that was doing that project in the district apparently didn't buy the property and he didn't do the closing on it, so those funds are being asked by CAMACOL, since they're going through some tough times, so what I want to do is direct and put the motion on to have them come back with -- Chairman Winton: To discuss at the next Commission meeting. Ok, we have a motion and a second directing Manager to bring in put an item on the agenda next Commission meeting. Further discussion? Alejandro Vilarello (City Attorney): That includes the advertising of a public hearing. Commissioner Sanchez: Yes, sir. Chairman Winton: Any further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, oppose. Motion carries. 166 January 9, 2003 The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 03-71 A MOTION INSTRUCTING THE CITY MANAGER TO SCHEDULE AN APPROPRIATELY NOTICED PUBLIC HEARING ON JANUARY 23, 2003 IN CONNECTION WITH PROPOSAL TO GRANT CAMACOL (LATIN CHAMBER OF COMMERCE) $25,000 FROM UNUSED COMMUNITY DEVELOPMENT MICRO -LOAN FUNDS. Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Commissioner Sanchez: Mr. City Manager, if you need information, I have it. Vice Chairman Teele: Mr. Chairman, I'd like to piggyback that, and move also that the department put on for the agenda the 23rd all of the dollars in District 5 that were put in reserve based upon the education commitments for the schools that are failing etc. and the other social service issues that were raised in the District 5 meeting, and specifically including the resolutions relating to the Bicentennial of Haiti. I would so move. Commissioner Sanchez: Second. Chairman Winton: We have a motion and a second. Any further discussion on that? That's to put it on the agenda. Vice Chairman Teele: that's to do notices, hearings, any recommendations that they may have and to put it on the agenda. Chairman Winton: I have a motion and a second. Further discussion? Being none, all in favor, aye. The Commission (Collectively): Aye. 167 January 9, 2003 Chairman Winton: Like sign, opposed. Motion carries. The following motion was introduced by Vice Chairman Teele, who moved for its adoption: MOTION NO. 03-72 A MOTION INSTRUCTING THE CITY MANAGER TO SCHEDULE ON THE JANUARY 23, 2003 AGENDA THE FOLLOWING ISSUES: 1. ALL FUNDS IN DISTRICT 5 THAT WERE PLACED IN RESERVE BASED UPON THE EDUCATION COMMITMENTS FOR THE SCHOOLS THAT ARE FAILING; 2. SOCIAL SERVICE ISSUES THAT WERE RAISED IN THE DISTRICT 5 MEETING; RESOLUTIONS RELATING TO THE BICENTENNIAL OF HAITI. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Chairman Winton: Now, Commissioner Sanchez, are you finished with what you wanted? Was that your three-minute thing? Commissioner Sanchez: No. 65. DIRECT MANAGER TO WAIVE PARK RENTAL FEE, $85, IN SUPPORT OF HONDURAS NATIONAL SOCCER TEAM FUND-RAISING EVENT TO BE HELD AT LUMUS PARK ON JANUARY 10, 2003 FOR BENEFIT OF CHILDREN IN HONDURAS WHO ARE VICTIMS OF AIDS. Commissioner Regalado: No, no, I have a pocket item. Commissioner Sanchez: Let's go through the pocket items. Chairman Winton: Fine. Commissioner Regalado. 168 January 9, 2003 Commissioner Sanchez: This is going to open up questions and probably a debate from the Commission. Chairman Winton: Commissioner Regalado? Commissioner Regalado: I have a pocket item here, the Honduran Consulate and the Honduran National Soccer Team will hold an event tomorrow at Lummus Park. This event is sponsored by the Honduran government to raise money to assist children with AIDS (Acquired Immunodeficiency Syndrome) in Honduras. My motion is for the City to cosponsor this event by waiving the park rental fees, which is $85, so that will be motion. Commissioner Gonzalez: Second. Chairman Winton: Have a motion and a second. Further discussion? Being none, all in favor, aye. The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 03-73 A MOTION DIRECTING THE CITY MANAGER TO WAIVE PARK RENTAL FEE IN THE AMOUNT OF $85 IN SUPPORT OF THE HONDURAS NATIONAL SOCCER TEAM FUND-RAISING EVENT TO BE HELD AT LUMUS PARK ON JANUARY 10, 2003 FOR THE BENEFIT OF CHILDREN IN HONDURAS WHO ARE VICTIMS OF AIDS. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 169 January 9, 2003 66. DIRECT MANAGER TO GRANT FUNDS TO COVER COSTS OF CITY SERVICES FOR JACKSON MEMORIAL HOSPITAL FOUNDATION BALL SCHEDULED AT COCONUT GROVE CONVENTION CENTER. Commissioner Regalado: Mr. Chairman, my office was contacted by the Jackson Memorial Foundation. I understand that they went to your office and they have some -- they sent you a letter. They visited with your office. They are requesting a waiver for an event that they going to have at the Cocoanut Grove Convention Center. Now I don't know if you want to do that or if it was the intent of your office to refer these people to me I don't really know. Maybe Frank or somebody. Christina Abrams: Christina Abrams, director of Public Facilities. If I can address the Commission on that item. The Commission doesn't -- we don't normally recommend a waiver of fees. What I would like to recommend as an alternative is an allocation of funds from the special event fund to pay for a portion of their request. They have their event there every year and the cost usually along somewhere between 5,000 to 10,000 and that includes personnel cost, clean up, rental and so on, and maybe to assist them, offer them an allocation from the special event fund for an amount not to exceed $4,000, and then they would have to come up with the rest. Commissioner Regalado: The question is not what we're going to do. The question is, I was asking you if you want to do that, or do you want me to do that. I don't -- just didn't understand what -- Chairman Winton: My -- you're looking at me? Commissioner Regalado: Yeah. Chairman Winton: My complete apologies. I was reading this resolution in front of me and I didn't hear a word that you said, so my apologies. Commissioner Regalado: Your office referred to my office last night -- I mean it was late -- the people from the Jackson Memorial Foundation. They are having and event at the Coconut Grove Convention Center. Somehow they were talking to your office to get waiver or help in holding that event, but they came to my office, but I don't know if you want to do that. They came to my office saying we need help, but I don't know if they meant they -- Chairman Winton: This is their foundation and they need help? Have we given them help in the past? Ms. Abrams: No, we have not. Chairman Winton: I'll tell you from my viewpoint, I struggled -- they've been doing this for years and years and we've been doing what we do for year and years and I'm not sure why we're doing this unless of course we're doing it because, if this fits in terms of what we do with 170 January 9, 2003 everybody else and I'm still confused with the whole thing, then I would probably support it, but I'm not supporting something that outside what we have normally have supported. That's kind of my view of this now. Understanding in dollars and cents what I just said, I can't. I guess if I repeat it I would be implying to support doing whatever waivers we do with everybody and their grandmother. In fact, one of these days, we've got to get rid of these waivers. Just stop doing it cause we waive them all, but I'm not in favor of providing anything above and beyond the waivers that we provide to everybody else out there that uses our facilities. Vice Chairman Teele: What is the event? Chairman Winton: It's the Jackson Memorial Hospital Foundation Ball, right? Or is that what it is? Ms. Abrams: Correct. Chairman Winton: So that's my view, so I guess I would -- did you make a motion, Commissioner Regalado? Ok, I would make a motion to waive the standard fees that we waive for every other group out there that uses City facilities and that's it. Commissioner Sanchez: Second. We don't waive fees, right? Chairman Winton: I can't make this here. Vice Chairman Teele, would you hold the gavel, please? Commissioner Sanchez: First of all, Commissioner Winton, I think the City is making it very clear that they don't waive any fees, and you know it's been my -- Chairman Winton: No, I'm saying we waive stuff all the time for these non -for-profit groups that come and use parks and facilities and things. Ms. Abrams: When there is an event at a City facility, the most we have done is we have normally, we're talking about normally, is we incur the cost with police and fire where we give them a grant to pay for police and fire. Chairman Winton: Ok, so does that -- Ms. Abrams: In this case, it will be a very nominal cost, because it is a ball, I think they might -- Chairman Winton: So, is that all right with you? Ms. Abrams: That will be fine. Chairman Winton: So that's the motion. Commissioner Sanchez: Second. 171 January 9, 2003 Vice Chairman Teele: All those in favor, say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Chairman Winton, who moved for its adoption: MOTION NO. 03-74 A MOTION DIRECTING THE CITY MANAGER TO GRANT FUNDS TO COVER THE COSTS OF CITY SERVICES FOR THE JACKSON MEMORIAL HOSPITAL FOUNDATION BALL SCHEDULED AT THE COCONUT GROVE CONVENTION CENTER. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Vice Chairman Teele: The motion was the in-kind for the police and fire. Commissioner Regalado: For a thousand dollars. Ms. Abrams: Oh, no, it's more like a hundred dollars or maybe $200. Vice Chairman Teele: Whatever it is gavel back. Chairman Winton: Whatever it is. Vice Chairman Teele: Gavel back. Chairman Winton: Commissioner Regalado, you still have the floor on pocket items. Commissioner Regalado: I'm done. 172 January 9, 2003 67. AUTHORIZE CITY ATTORNEY TO NEGOTIATE PURCHASE OF PROPERTY FOR LAND ACQUISITION PROGRAM FOR LITTLE HAITI PARK PROJECT TO BE ACHIEVED SOLELY THROUGH VOLUNTARY SALE OF PROPERTIES TO CITY. Chairman Winton: Commissioner Teele. Vice Chairman Teele: Mr. Chairman, I move the resolution authorizing the City Attorney to negotiate, at the direction of the City Manager, the purchase of property, for land for the acquisition of Little Haiti Park, to be achieved solely through voluntary sales of properties to the City, and further as stated, in compliance with the various references to the Florida Statute and as stated in the printed resolution that's before you. I would so move. Commissioner Gonzalez: Second. Chairman Winton: We have a motion and a second. Discussion. Commissioner Teele, I thought that -- I thought there was an effort going on by the Department of Asset Management some way or another to do an analysis of the estimated costs associated with purchasing the property that we need for Little Haiti Park. And I thought that analysis was going on, we would eventually -- we would ultimately get that analysis, which would kind of set the whole foundation under this plan to figure out, you know, where we're going and how much it would cost. Vice Chairman Teele: Johnny, that analysis, I've got to tell you, you know, at another day and another time, what I've learned about that. This is the problem: While we sit here and fiddle, Rome is burning. In one year and a half the properties are selling and turning over upward, and everybody is saying, "Why isn't the City buying land that voluntary people want to buy?" We've identified the boundaries and we, literally, have wasted millions of dollars at this point just by not buying land that people are voluntarily willing to sell. We know what the boundaries are, the outer boundaries are. And whether or not it's going to be in my lifetime or in someone else's lifetime, we know where those boundaries are. We've passed that. We have an ordinance on that. The voters have approved it. And, you know, the back and forth by all of these people who, candidly, have moved into Little Haiti, most of whom, in the last four years, if you go look at the people raising all of the hell, have moved and bought, primarily, from the design district, where the land is cheap. And, right now, the land is going up. There is no reason why we don't buy the property. We could -- in fact, a dry cleaner. And Saddam Hussein may or may not have chemicals, but one thing we can assure you is that dry cleaners have chemicals. The dry cleaners just sold. We should have bought that. I mean, the dry cleaners is incompatible with the park, et. al., per se. And, so, that's the only issue that we're dealing with now, is a voluntary sale. Chairman Winton: I understand that. I agree with everything you just said. No question about that. However, we have allocated $25,000,000 to Little Haiti Park. I mean, that's what we've all said, we've -- everybody's behind that one hundred percent. Vice Chairman Teele: No, we didn't -- the voters have approved $25,000,000. 173 January 9, 2003 Chairman Winton: Well, we voted on that. Vice Chairman Teele: Yeah. Chairman Winton: The voters approved twenty-five million. Everybody said "yes" for $25,000,000), but the issue here is, the reason that -- and these aren't necessarily incompatible points here, you know. I think it's still incumbent upon -- you could still move forward with this, but Asset Management has to finish that analysis, because -- as an example, if Asset Management comes back and says, "You know, well, our best guess, based on the analysis we're doing, the cost of land is going to be $60,000,000 -- Vice Chairman Teele: Johnny -- Chairman Winton: -- we've got to figure something out. Vice Chairman Teele: -- I don't have a problem with them doing that. If they do this analysis based upon the cost of land when the voters approved it, because the City is being totally negligent. And the longer we discuss this, the longer we debate this, the more the prices go up. And we know what the boundaries are. We had a commission that worked on this for two years. We voted on it twice. The boundaries -- and whether we buy it in my lifetime, in my political lifetime or your political lifetime, that's not the question. We have already determined the boundaries of this park will be 57th to 67th, from Northeast 2nd to the railroad track. And I will stipulate that we won't be able to buy all of this within the next four or five years. But you can never plan something based upon looking backwards. We've got to look forward. Chairman Winton: Well, I would even accept the point you just made, which is do the evaluation of the point in time which the voters approved it, which was a year ago. I'd even take that one -- Vice Chairman Teele: Exactly. Chairman Winton: -- you know, because that, at least, gives me a start point. And right now, I'm in the dark completely. Carlos Gimenez (City Manager): Commissioner. Chairman Winton: Yes, sir. Mr. Gimenez: One thing we can do is that we can identify certain large tracks that are voluntarily -- that are up for sale voluntarily, and we could start to acquire certain large tracks that may be adjacent to each other, so at least you would get -- start out with 10 or 15 acres, which is a nice park. We feel that we could do that very -- you know, pretty rapidly. And then, after that, if you want to expand beyond that, you need to have the analysis that Asset Management is doing. But there is at least one particular piece of property I think that everybody here wants to acquire, that's probably up for sale voluntarily that we need to move on. 174 January 9, 2003 Chairman Winton: So, fine. But these aren't incompatible requests. So, you can do both of them simultaneously. Laura Billberry (Director, Asset Management): If I may. Lori Billberry. We have contacted every single property owner in the area; have met with all of them that would meet with us, and have been negotiating with several of the property owners. One property owner has signed an option agreement, which will be presented to the Commission in February. A second person has agreed and that option agreement has gone out to them. The major tracks that we have been trying to secure, we're still in negotiations because our appraisal came in at less than what the property owner was willing to accept. So, we are still negotiating with them on that. The study has come in in draft form. However, we're reviewing it for accuracy, and FDOT (Florida Department of Transportation) has agreed to assist us in that review, since they do this on a more frequent basis. And we hope to bring that to the Commission in February or March. Most of the owners we have dealt with, though, are looking for relocation expenses, which is why, even though they say they are willing sellers, they are not willing to sell based on just the appraised value. That's why we're looking at bringing a recommendation back to the Commission with what the potential costs involved in the various scenarios, and come with the prioritization on how to acquire the land. Chairman Winton: Perfect. That's what I was asking for. OK. Any further discussion on this. Being -- is this a resolution? OK. So, being none, all in favor "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. Motion carries. 175 January 9, 2003 The following resolution was introduced by Vice Chairman Teele, who moved its adoption: RESOLUTION NO. 03-75 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY TO NEGOTIATE, AT THE DIRECTION OF THE CITY MANAGER, THE PURCHASE OF PROPERTY FOR THE LAND ACQUISITION PROGRAM FOR THE LITTLE HAITI PARK PROJECT, TO BE ACHIEVED SOLELY THROUGH THE VOLUNTARY SALE OF PROPERTIES TO THE CITY; FURTHER DIRECTING THAT ALL PURCHASES AND ACQUISITIONS OF PROPERTY SHALL COMPLY WITH THE PROVISIONS OF SECTION 166.045 FLORIDA STATUTES, RELATED TO THE ACQUISITION OF REAL PROPERTY BY MUNICIPALITIES AND CHAPTER 723, FLORIDA STATUTES, RELATED TO THE RELOCATION OF RESIDENTS OF MOBILE HOME PARKS; AND DIRECTING THE CITY ATTORNEY TO USE ALL RESOURCES AVAILABLE IN THE OFFICE OF THE CITY ATTORNEY, INCLUDING THE RETENTION OF SPECIAL COUNSEL AND EXPERT CONSULTANTS IF NECESSARY AT THE DISCRETION OF THE CITY ATTORNEY, AND SOLICITING THE PARTICIPATION OF THE FLORIDA DEPARTMENT OF TRANSPORTATION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 68. DIRECT MANAGER TO ALLOCATE $10,000 FROM SPECIAL EVENTS FUND IN SUPPORT OF 5,000 ROLE MODELS OF EXCELLENCE EVENT WHICH WILL BE PART OF MARTIN LUTHER KING HOLIDAY CELEBRATION TO BE HELD IN OMNI RENAISSANCE CENTER. Vice Chairman Teele: Also, we have the usual request before us. The Martin Luther King 5,000 Role Models of Excellence is called to me. Senator Fredericka Wilson had wanted to be with us. She's in Tallahassee. Obviously, we want to support the School Board and City's joint effort. 176 January 9, 2003 The event will be held this year in the City. We have not supported this item when it's held I'm Miami Beach and other places. It's going to be in the Omni Renaissance Center, I think, and their request is for $20,000. I'm asking that we approve $10,000 from the special events fund, and this is for children, kids who primarily need role models. It's a positive thing, and it has received CNN (Cable News Network) and world wide attention as one of the points of light programs, the 5,000 Role Models of Excellence, and I would so move. Commissioner Gonzalez: Second. Chairman Winton: We have a motion and a second. Any further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-76 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $10,000, FROM THE SPECIAL EVENTS FUND ACCOUNT, IN SUPPORT OF THE 5,000 ROLE MODELS OF EXCELLENCE EVENT, A COMPONENT OF THE MARTIN LUTHER KING HOLIDAY CELEBRATION, TO BE HELD AT THE OMNI RENAISSANCE CENTER. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 177 January 9, 2003 69. SUPPORT OF 200 YEAR BICENTENNIAL OF HAITI TO BE HELD ON JANUARY 1, 2004; STIPULATE THAT CITY WILL SERVE AS COORDINATING BODY WITH MAYOR AS CO-CHAIR AND OFFICE OF MAYOR PROVIDING COORDINATION; FURTHER AUTHORIZE CITY TO APPOINT ONE ELECTED OFFICIAL AND TWO INDIVIDUALS FROM COMMUNITY IN AN EFFORT TO COORDINATE ACTIVITIES THAT WILL TAKE PLACE OVER NEXT 11 MONTHS IN RELATION TO HAITI'S INDEPENDENCE. Chairman Winton: Commissioner Teele. Vice Chairman Teele: Mr. Chairman, I'm in discussion with the Mayor's office, and what I would like to do with the Attorney's permission and your permission, is to just go over one thing and get the Attorney to codify this for the Mayor to approve, and that is that this Commission supports the 200 year of the Bicentennial of Haiti, which will be held on January 1, 2004. And further that the City will agree to serve as the coordinating body with the Mayor of the City serving as a co-chair and the office of the Mayor providing coordination and making available relatively a full-time staff for this and further authorizing the City of Miami to appoint two persons, one an elected person and two from the community and further providing that any other governmental body may by interlocal agreement or resolution opt in with equal representation from the City having one elected representatives or one governmental representative and two community representative in an effort to coordinate the activities that will take place over the next 11 months throughout South Florida as it relates to the Haitian Independence. I would so move. Commissioner Gonzalez: Second. Vice Chairman Teele: May I just explain. What we're trying to do is create a focal point. Obviously, Miami is blessed in having Little Haiti. Obviously we have a number of jurisdictions starting with North Miami where you have a Haitian American Mayor. El Portel that has had a majority of Haitian Americans on the elected Commission, Miami -Dade County, and everybody is now beginning to want to play a role. What we're offering is the City of Miami will serve as the coordination point. The Mayor will be member a co-chair and then each governmental body will have the right to have three members, one elected official or one governmental official and two from the community with equal voting on that. The Mayor has agreed, the Mayor's Chief of Staff agree that they will be honored to coordinate that, and I think again in light of FTAA (Free Trade Area of the Americas), and a whole lot of other things it's the kind of thing that we need to be in the forefront, Johnny, in doing. Chairman Winton: I would agree, so any further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. 178 January 9, 2003 The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-77 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY OF MIAMI'S COORDINATION AND ORGANIZATION OF EVENTS, IN COOPERATION WITH THE OFFICE OF THE MAYOR, RELATED TO THE CELEBRATION OF THE 200 YEAR BICENTENNIAL OF HAITI ("EVENT"), SUCH CELEBRATION TO CONSIST OF VARIOUS ACTIVITIES TAKING PLACE IN THE SOUTH FLORIDA AREA THROUGHOUT THE YEAR 2003 AND CULMINATING WITH A MAJOR FESTIVITY ON JANUARY 1, 2004; DESIGNATING THE MAYOR AND A CITY COMMISSIONER AS CO -CHAIRPERSONS OF THE CELEBRATION ORGANIZATIONAL COMMITTEE, WHICH SHALL INCLUDE THE APPOINTMENT OF TWO INDIVIDUALS FROM THE COMMUNITY APPOINTED BY THE CITY COMMISSION; DIRECTING THE CITY MANAGER TO (1) ASSIGN FULL-TIME PERSONNEL TO ASSIST THE COMMITTEE, (2) SOLICIT AND ENCOURAGE PARTICIPATION FROM AREA MUNICIPALITIES AND GOVERNMENTAL AGENCIES, WITH EACH AGENCY ENTITLED TO THE APPOINTMENT OF ONE ELECTED OFFICIAL AND TWO COMMUNITY ACTIVISTS TO THE COMMITTEE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING, BUT NOT LIMITED TO INTER- LOCAL AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Vice Chairman Teele: And it's specifically requested that the Attorney formulate that in a formal resolution that can be presented to a Mayor at a time before the 10 days for his signature with an appropriate press conference or convened in coordination with other elected officials and other municipalities. 179 January 9, 2003 Chairman Winton: Yeah, and I think just from a political standpoint, we ought to make sure that somebody makes contact with the Mayor of North Miami and make sure that what we're doing is totally compatible of how he's thinking about this. Vice Chairman Teele: Right and El Portal because you had, and actually the first Haitian Mayor in this city in the county was in El Portal. Mayor Derose, who also stood in Hialeah with Mayor Penelas and others in that important period in this community history, so Mayor Derose, who's now moved on to North Miami apparently, but the El Portal city council in the past, and has the majorities of Haitian American elected, and the same thing is true in both Homestead and Florida City, where you have very large Haitian populations. It's our hope that we'll be able to get interlocal agreements with Broward County, Fort Lauderdale and other cities and really try to bring some order and bring hopefully 20 or 30,000 people to Miami as a part of certain celebrations. Chairman Winton: Ok, thank you. Do you have anything else, Commissioner Teele? Vice Chairman Teele: No, sir. Chairman Winton: Commissioner Sanchez, you have pocket items? Commissioner Sanchez: No, sir Chairman Winton: But you have a thing, I'll come back to you then. Commissioner Gonzalez? I have no pocket items. 70. DIRECT TO MANAGER TO PROVIDE COMMISSION WITH REPORT LISTING ALL CITY POSITIONS THAT HAVE BEEN VACANT FOR PAST 180 DAYS AND WHAT STEPS ARE BEING TAKEN TO FILL THOSE POSITIONS WITH QUALIFIED INDIVIDUALS. (See #63) Chairman Winton: The floor, Commissioner Sanchez, is yours for a five-minute maximum presentation, I'm assuming? Commissioner Sanchez: Yes. Mr. Chairman, colleagues, City Manager, and all those who are watching Net -9 and all those that are here today at this meeting, I am a bit concerned with what's happening in the City, and you know, because of the violation of the Sunshine Law, which does not allow us to communicate back and forth, and of course, the City Manager and the Mayor have been extremely busy hiring the chief of police, and of course, looking for a new City manager. The concern is that, prior to all this, we did have a lot of vacancy positions, key positions that were vacant, and now were starting to have a lot of fine employees who have served this City very, very well that are moving on for whatever reasons they're moving on to other things, and we're starting to have a lot of vacant positions. Of course, we realize that the City now more than ever has so many things and so many projects that are going forward and the City, for the first time in many, many years, were faced with new challenges, and we're making progress with a lot of community projects and you know we find ourselves in the situation where we're wondering sometimes this exodus of these employees that have served this City for so 180 January 9, 2003 many years. They're moving away and they're taking away all the experience that they had and of course we're going to be empty spots in these departments, of course. One of the things that we rely on is being able to contact the City Manager through our directive and find out what's going on with public works or solid waste or any department. We basically -- I would like to know, Mr. City Manager, would also request that you provide my office with a list of all the vacant positions that the City has especially key departments and of course any positions that have been vacant for 180 days. We realize that some of the employees that have retired in the past month -- we also understand that some other key positions are going to be resigning soon, leaving that gap. I also want to ask the City Manager what steps are we taking to hire, and I want to focus on hiring key positions people that are qualified. It doesn't matter where they come from. They have to be qualified for that position. They have to have the proper experience, right credentials, the right education to fill that position. I am very proud and commend you and the Mayor for selecting the chief of police. I think it was a very good selection. Only time will tell, but I think the man is a good man with good intents and we'll see down the line what we're all looking for in his reform. Commissioner Teele made a statement up here that we'll be losing some people that have the experience and they're moving on and your going to leave gaps and it's going to interfere. Yeah, I agree with him on that, but when you create changes, and we're moving into a new century, I think the City is growing. We have matured a lot I can tell you that since 1998, since I've been here, that the City has improved 150 percent, a complete turn -around. Today we're a City that's financially fit, a City that has great opportunities, and a City that has above all a lot of capital to create changes, so with that, these changes, we're going to have a short fall of experience. Yes, these are what you call growing pains, and every great City, such as New York, San Francisco, Cleveland, all over the United States have gone through these changes, but still I think that we need to move whether it be -- and I don't want to rush, because we can't rush to hire people to fill these positions because we might not end up having the best person for that position, but still we want to know and we anticipate you being here for quite some time till we bring in another City Manager. What the administration is going to be doing to try to fill these key positions that area vacant right now and the ones that are moving on. If it be you or it be the other City Manager coming in later on. Carlos A. Gimenez (City Manager): Well, Commissioner, first of all, yesterday, we realigned the City to come into line with the reorganization plan that you all approved some months ago, so right now you have a Genaro "Chip" Iglesias will be acting as the chief of neighborhood services and all of the departments that would fall under that particular individual are now going to be reporting to him. You have under the chief financial officer Robert Nachlinger those departments are going to be reporting to him. I have asked our new employee relations director to expedite the process of getting the people that we need in those vacant positions and she has reported to me that she's got a couple of the head hunting firms are coming to her to give her a proposal on all those positions and we're trying to get those filled as soon as possible. The key positions -- the interviews for key positions, such as budget director and the like, continues to this day and we've met with a number of people. We are pretty selective in who it is that we hire. We only want the best. We also want to keep in mind that we have diversity issues that we want to address and so we're looking at that too. I can't tell you when they're all going to be filled. I'm just telling you that we're moving on with the process to fill those with the best people possible and it's going to take a little bit of time. In the interim you will have people acting in those positions. I have made a couple of acting assignments yesterday. I assigned Lori 181 January 9, 2003 Billberry as acting director of economic development and tomorrow you'll be getting a memo from me that says that Eddie Borgess will be the acting net director, so we're going to continue to move on with the progress of the City and hopefully try to get as little disruption as possible. I've also looking at the possibility of bringing back some of the people that retired recently on some king of contractual basis to help us get over this hump until we get permanent people because there is a brain drain in the City at this time and I think at least two of those people that I want to bring back are in key positions that I think we need their expertise to come back for a while. Commissioner Sanchez: And then they'd be coming back as what, consultants? Mr. Gimenez: There's some legal issues involved with that, and I'm going to go through with the City Attorney of how we can get that done, but I believe at the next Commission meeting you'd be getting at least two people that I want to rehire, get them back in the system. Commissioner Sanchez: Because now that you stated that, and I wasn't aware of that. If you're going to be bringing back people that are basically that's my understanding people that will be retiring to bring them back. I don't know who you're bringing back. I don't know the names, yet, but let me just tell you, in some departments, where you will be creating changes and I know this may sound -- this won't be accepted well by some people, but if your looking for reform in some of these departments and your going to bring back consultants people who were working there before, why not go outside and bring professional people that maybe weren't there before because you may be bringing back people that have the same mentality, mind frame that aren't going to create changes to that departments and I think some departments in the City need to think outside the box, need to come in with new ideas, new concepts, new ideas into the future as we grow. I don't know who you're bringing back in. I think I just heard two people. No names were -- Chairman Winton: I think -- Alejandro Vilarello (City Attorney): If I can, anybody who comes back under those circumstances will require a 45th waiver by the City Commission. Commissioner Sanchez: Well, then you're going to get -- Chairman Winton: Well, I think what -- Commissioner Sanchez, if I could. As I understand what he just said, and correct me if I misunderstood, what he just said, but those people that he's bringing back as a consultant or he's only brining back on a temporary basis until he fills the real jobs, now that's what I just understood. Not bringing them back to fill the job permanently, but only to stay in a stopgap measure till we get the new leader from somewhere chosen for that department or position. That's what I understood. Commissioner Sanchez: Just to state my concerns for the record. We have had key positions in this City that have been filled; however, I understand that we want to hire the right people for those jobs; however, the turnover rate that we're experiencing now, which I think it's good for the City. You may disagree with me. I think these are fine employees. They've done well for 182 January 9, 2003 the City. The City thanks them, but they also need to thank the City because they are walking away with a good pension, a good retirement, and that's how it goes, but some of these positions that are opening up we need to go out and try to fill them as quickly as possible with the right person because we have so many projects going on that right now we have an opportunity more than even in this City to get things done, and I don't want to fall back in the old ways where you'll be criticized for taking someone from one department and bring them back on the thing -- oh, you know, they took this guy who retired and coming back, and not only is he getting his pension, he's going to be getting a salary. Well, I'm just bringing it out because I deal with it. That's why I get paid $5,000 a year. Mr. Gimenez: Commissioner, these are just like I said it's two people. It's limited basis. They have a certain amount of expertise in certain departments that really need the help. Chairman Winton: And they are temporary. Mr. Gimenez: And they are temporary. Now that being said, I will disagree with you on certain things. Ok, yeah, I do think you need new blood in any organization, but I also think you need a stable base, because the new people may not know where the land mines are and they may step on them, so you need a good mix of outside people and inside people. It's like anything in moderation; if you go overboard too much on one thing, you may end up with consequences that you may not like, so I believe that we've got very good people in here that deserve a chance to rise, and I also think you ought to get outside people with fresh ideas to invigorate the people that we have inside and get a good nice mix of the two, so in that sense, we disagree. Chairman Winton: But -- well -- so five minutes, and five minutes are done, and I think everybody's got the point here, so -- Commissioner Sanchez: This is a healthy debate, if you want to turn it into a debate. I don't want to turn it into a debate. Chairman Winton: Nor do I. Nor am I going to allow it to be a debate. Commissioner Sanchez: Ok, all that I'm saying is that the key positions that are three. Mr. Gimenez: Just a change of ideas, that's all. Commissioner Sanchez: It's the beauty of democracy, but I'm just saying what I don't want is the process itself going out that we have momentum going on now that'll hold back the City on this transaction that we're going through with the City. It's a concern that I have. I want, if you could provide me with a report on 180 days on all the positions would have been vacant for 180 days and the ones that have just been vacated by people that are retiring if you could provide my office with that. Vice Chairman Teele: I'd like that also. Mr. Gimenez: No problem. 183 January 9, 2003 Vice Chairman Teele: Mr. Chairman I know what you said you gave him 5 minutes and id like 1. Chairman Winton: It's all yours. Vice Chairman Teele: Mr. Manager, I want to voice my confidence, my continuing confidence in you and your professionalism. I say that with no secondary view about how well I think you've approached this very difficult period that we're in and particularly I'm encouraged at this point with the selection of the police chief. I'm encouraged. You have made number of appointments acting the last 60 days. I think you should look at those appointments on a sheet of paper because I think there is a glaring omission in your appointments through yesterday and I don't think it's unintentional. I think the first discussion that you and I had when you were coming into Manager which you and I had a candid discussion about the culture in the fire department, the fire station, and my concern and my willingness to work with you is raising its ugly head. I think if you would give us all the appointments that you've made through yesterday within the last 45 days I think it becomes self evident what my concern is and I'm tell you and I'm saying this to the public, you and I've had private and they say in Washington in the state department candid and frank discussions that means just short of a knock down shoot-out, but it's candid and frank discussion is a polite way to say it. We've had those discussions, and I want to just reemphasize that I'm deeply concerned that this City reflect the right spirit and the right tone and the right -- as I know you are in the way that you have dealt with me and the way that you have dealt with the constituents of the community personally, but again in this personnel matter, it's very difficult, I think, if you don't have people around you advising you. Having said that, I want to make one -- Mr. Attorney, listen closely because I don't want to cross the line although it seems to me that the lines are getting real zigg zaggy around here. Community development is a special department in this City. We came that close to getting suspended from federal funding three years ago. Serious issues, very serious issues, we've had horrible situations as late as the last Commission meeting and I see a lot of improvement in community development. Over the next 90 days there is no issue that is going to create more interface between the public and this Commission than community development because of the annual CD process, et cetera, and I would urge you, respectfully, to give that department stability. I'm so impressed with what happened what we saw here today, absolutely, impressed there's 180 degree turn -around, but again, Mr. Manager, I really think you need to give that department a very high priority in light of the ongoing issues. We've not solved all those issues. They're ongoing and even more directly to the point I don't know if it's been stated publicly and clearly but because of the census track and because of the level of federal appropriation, we're going to see a dramatic reduction in community development funding next year. Chairman Winton: I'm told it's 21 percent by the (HUD Department of Housing and Urban Development) people. Vice Chairman Teele: And so that just again underscores the importance of getting some focus on community development personnel and management, Mr. Manager, early point and I'm very encouraged with where we are in community development right now, so I just wanted to say that and echo everything that my colleague Commissioner Sanchez has said because I really think 184 January 9, 2003 that we need to pay some real close attention, and thank you, Commissioner, for bringing it to the Commissioner meeting. Mr. Gimenez: Commissioner, let me just state for the record that I remember our frank discussion when I was first appointed, but I remember it very clearly and I also remember what I told you and I intend to abide by what I said to you and yeah I know where you are going and I see it myself. I'm going to have to make some -- I'll rectify that situation. Chairman Winton: Thank you. Commissioner Regalado and just for everybody's benefit, I understand this discussion, but in five minutes, if we're still on this subject, I'm leaving. You all can stay and discuss it the rest of the night if you wish, but I'm leaving in five minutes. Commissioner Regalado, you're recognized. Commissioner Regalado: Ok. No, I'll be very brief. I have two questions. Mr. Manager on the memo you sent for the new appointments that you make, I was looking to who CIP (Capital Improvement Projects) report? Mr. Gimenez: The capital improvements reports directly to the Manager. Commissioner Regalado: Ok, because it want here, only says the office of professional compliance reporting to the City Manager. Mr. Gimenez: The Office of Professional Compliance will report to the City Manager until the formation of the CIP (Civilian Investigative Panel), and then if they are used as the administrative body of CIP a report through CIP, I guess, to this body. Commissioner Regalado: Ok, and the second question, you just said that your bringing people back to the City with a contract. Mr. Gimenez: On a temporarily basis. Commissioner Regalado: On a temporary basis with a contract. Mr. Gimenez: Yes, sir, whichever vehicle we need. There are couple of departments that I think need some continuity and -- Commissioner Regalado: I have no problem with that. My problem is that I wanted to do exactly that, bring the person to our office with a contract or as a consultant for a temporary basis and the office of human relations, labor relations, whatever it's now called, said no, we cannot do that; that we cannot hire anybody under contract, under -- as a temporary or as a consultant, and I told the chief of staff tell them that we had that discussion at the City Commission and the said, "No, we don't know anything about that." So you can do it; I can not do it. Mr. Gimenez: Yes, sir. Commissioner Regalado: You're telling me that you can do it and I cannot. 185 January 9, 2003 Mr. Gimenez: Whatever I can do, you can do. Chairman Winton: Hold on, Commissioner Regalado, this is discussion that the two of you can have without all of us here. Commissioner Regalado: No, no. Chairman Winton: Yes, it is. Commissioner Regalado: No, it isn't. Chairman Winton: I am going to adjourn the meeting, Commissioner Regalado. Commissioner Regalado: This is public. Mr. Chairman, I never told you to stop when you were arguing one point during one year. This is important. It's important to me because the office of a Commissioner should have the same respect. Chairman Winton: I'm not arguing whether or not it's important to you. Obviously, it's important to you or you wouldn't be asking it, but it's a conversation that you could have with him at anytime. If it's an issue that you ought to want to bring back before the Commission, I'm thrilled to have it here. Commissioner Regalado: It's not about me; it's about the people that I represent, so it's important to the people that I represent and for that reason, I waited to do it in public. I could have done it in private, but I just want to make that point, that the office of human resources refused to accept questions regarding this matter, and I think that's wrong. Mr. Gimenez: And I agree with you anything that the administration can do you can do. Chairman Winton: Commissioner Gonzalez, anything? Commissioner Gonzalez: I'm not ready to give a speech, so I'm just going to say God bless America. God Bless Miami. I live in Miami and I hope everything goes as well as everybody's saying. That's all I'm praying for. Chairman Winton: Meeting's adjourned. 186 January 9, 2003 THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 4:46 P.M. ATTEST: Priscilla A. Thompson CITY CLERK Sylvia Scheider ASSISTANT CITY CLERK MANUEL A. DIAZ MAYOR 187 January 9, 2003