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HomeMy WebLinkAboutCC 2003-02-13 MinutesMINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 13th day of February 2003, the City Commission of Miami, Florida, met at the Manuel Artime Center, 900 SW 1st Street, Miami, Florida in regular session. The meeting was called to order at 9:19 a.m. by Commissioner Thomas Regalado with the following members of the Commission found to be present: Commissioner Angel Gonzalez (District 1) Commissioner Joe Sanchez (District 3) Commissioner Tomas Regalado (District 4) Vice Chairman Arthur E. Teele, Jr. (District 5) Chairman Johnny L. Winton (District 2) (entered at 9:30 am) ALSO PRESENT: Manuel A. Diaz (City Mayor) Joe Arriola (City Manager) Alejandro Vilarello (City Attorney) Priscilla A. Thompson (City Clerk) Sylvia Scheider (Assistant City Clerk) An invocation was delivered by Commissioner Sanchez, followed by a pledge of allegiance to the flag. 1. PRESENTATIONS AND PROCLAMATIONS (1) POLICE HONOR AND GUARD GUN SALUTE FOR SEVEN ASTRONAUTS WHO DIED IN SPACE SHUTTLE COLUMBIA. (2) SALUTE TO DR. PAUL PLASKY (3) SALUTE TO THE MIAMI COUNCIL FOR INTERNATIONAL VISITORS (4) SALUTE TO TAMPA BAY BUCANEERS (5) COMMENDATION TO CIVILIAN INVESTIGATIVE PANEL NOMINATING COMMITTEE: JOSEPH H. SEROTA, CHAIRMAN, JACK R. BLUMENFELD, SANTIAGO C. CORRADA, XAVIER CORTADA, WILLIAM J. DELGADO, SAM FELDMAN, CHRIS INGRAHAM, CRISTINA V. LINDENBERG, BESS L. MCELROY, RICHARD C. MILSTEIN, ESQ., MIGUEL DE LA O, PAUL R. PHILIP, ANDRE DOMINIQUE PIERRE, ESQ., COLONEL ROGER ROJAS LAVERNIA, AND NATHANIEL WILCOX. Chairman Winton: Are you all ready to rock and roll here? Start this thing back up? Good, the next item I was going to take up was going to be the Mayor's, but he's still being interviewed so, if you don't mind, I would like to have a motion to accept the minutes from the previous P and Z meeting of 9/25 and 10/25. Commissioner Sanchez: So move, Mr. Chairman. 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. Note for the Record: The minutes of the meetings of September 25, 2001 and October 25, 2001 were approved. 2. CONSENT AGENDA. Chairman Winton: Are there agenda items that anyone would like to pull? Commissioner Sanchez: On the consent -- Mr. Chairman, if I could be recognized -- Chairman Winton: On consent, OK. Let's go to consent and we'll do the regular next. Yes, sir, Commissioner Sanchez. Commissioner Sanchez: If I could be recognized on the consent agenda. I would like to discuss CA -1 and CA -9. Chairman Winton: CA -1 and 9, you said? Commissioner Sanchez: Yes. Chairman Winton: OK. Are there any CA (Consent Agenda) items that anyone would like to pull? Mr. Manager, you have any CA items you want to pull? Joe Arriola (City Manager): I want to pull -- not pull. I want to take CA -10, to be discussed on the regular agenda, which is a bid protest from Aon. And I want to pull Item 6. Chairman Winton: Is that regular agenda Item 6 or CA -- Mr. Arriola: It's regular. Chairman Winton: I'm sorry? Mr. Arriola: I'm sorry. Chairman Winton: It's OK. This is your first meeting. Mr. Arriola: Yes. Chairman Winton: So, you're allowed. Mr. Arriola: Am I allowed to -- OK. Substitute Item Number CA -12. We have a substitute. It's an amendment. Chairman Winton: OK. So, have you passed that substitute out? Unidentified Speaker: It has been distributed. Chairman Winton: OK. So, we're going to discuss CA -1, CA -9. We're going to move CA -10 to the regular agenda. And you have a substitute for CA -12? Mr. Arriola: Yes, sir. Chairman Winton: OK. CA -1, Commissioner Sanchez, the floor is yours. Commissioner Sanchez: Thank you, Mr. Chairman. CA -1 is a resolution accepting the bid for Roofing Concept Unlimited, Florida. It's a non -minority, non -local vendor out of, I believe it's Pompano Beach. Once again, if I could direct -- we're basically always focusing on local vendors, being one that they pay our licenses. And second, they live in the City and pay our taxes, and we should always try to do business when possible. Roofing, you know, these types of services, such as roofing, air conditioning, replacement of glass, these minimal services could be provided by a lot of companies that are local. Now, if they did not apply through the procurement process, then I don't have an argument here. But if they have, we should always do what we can, according to the procurement process, to try to do business locally. This is not the first time that an item like this comes in front of the Commission where a simple roofing -- now, maybe you have other information that I don't have, but we're only as good as the information you provide us with -- that is a special type of roofing for the MRC (Miami Riverside Center) that can't be done locally. We have numerous, numerous roofing companies that are local here that we could do business with. So, Mr. City Manager, I'd like to be informed by the staff who bidded on this and why did we select this company? There has to be a reason why we selected this company. Michael Rath: Chairman, Commissioners, my name is Michael Rath. I'm the Acting Purchasing Director. On this particular bid, the solicitation was issued to five local companies and of the five local companies that received the solicitation, we received several responses from them. The first was, they forgot about the bid. Several of them, their schedule would not permit them to bid on the project. And one had insufficient time to bid on the project. Commissioner Sanchez: How much people bidded on the bid? How many companies? Mr. Arriola: There were three bids, sir. Commissioner Sanchez: There were three bids? Mr. Arriola: Only three bids. Commissioner Sanchez: Were there any local bids? Mr. Arriola: Yes, sir, there was one bid. The highest bid was the local bid. It was approximately twenty thousand dollars more. Commissioner Sanchez: Twenty thousand dollars more? Mr. Arriola: Yes, sir. Commissioner Sanchez: All right. No further questions. I just wanted to know that. Emphasize on -- when possible, let's keep it local. The other -- I mean, I don't have any other questions on CA -1, unless one of my colleagues has any questions on it. Moving on to CA -9. CA -9 is authorizing the City Manager to enter into a use agreement with Coconut Grove Cares Antique and Jewelry Show. I don't have a problem with that show. I enjoy it. It's attended by a lot of people. Enjoyed. But I just have one question. Why did we let it -- why did South let it go, you know, so long that they owe us nearly a hundred thousand dollars behind payment? Mr. Arriola: Well, I asked the same question and, obviously, I did not get the response I wanted, but I think, under the circumstances, I try to work the very best payment schedule, including immediate payment or the first payment. They originally had asked for the first payment to start in June. I got them to at least move the first payment to March. Commissioner Sanchez: Wait, wait. I'm sorry to interrupt you, Mr. City Manager, with all due respect. But I believe the record -- Mr. -- Tucker Gibbs: Gibbs. Commissioner Sanchez: -- Gibbs. Mr. Gibbs is shaking his head no. Mr. Gibbs: I'm sorry. I'm the past president of Coconut Grove Cares. We had asked for an initial payment -- 12 -month payment plan, starting in April, and it's our understanding it was going to be -- the Manager wanted it moved to immediate, and we asked if it could be moved to March and that was what we'd asked for. Commissioner Sanchez: So, there is a payment plan established to pay back those nearly hundred thousand dollars? Mr. Gibbs: Exactly. We -- Coconut Grove Cares has always paid the full amount for that show, like every other show, whether it's for profit or non-profit, and you can ask Christina and Greg. We've always paid. We're not trying to get a waiver. All we're trying to do is find a payment plan that we can meet and pay the City everything it owes them, and continue to have a show that has been operating for at least 22 years. Commissioner Sanchez: Now, in that agreement that you reached with the City, what happens if you skip a month? Mr. Gibbs: We don't do a show. The City goes after us. Commissioner Sanchez: That's all I wanted to know, because, you know, we're changing the status quo here in the City and, you know, we're passing ordinance that protect one entity, such as the Bayfront Park, through -- you know, different entities that we have in the City that people are going to one venue doing an event. They don't pay what they owe. Then they go to another one and, you know, they're granted grants and they're assisted. You know, we've got to quit that. And if you owe the City money, any entity, you can't do a show until you pay. Mr. Gibbs: And we've agreed to that. And as we said, for 22 years, we've always paid. Commissioner Sanchez: That's Business 101. Chairman Winton: Satisfied, Commissioner Sanchez? Commissioner Sanchez: Yes, sir. I'm prepared to move on with the other -- Chairman Winton: So, we need a motion on all the CA items and CA -12 -- I mean, CA -9 is amended, is that not correct, from February to March? Mr. Arriola: Yes, sir. Chairman Winton: OK. So -- Commissioner Sanchez: So moved, Mr. Chairman. Chairman Winton: We have a motion. Commissioner Gonzalez: Second. Chairman Winton: And a second. Any further discussion? Being none, all in favor "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The 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 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 Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 2.1 ACCEPT BID OF ROOFING CONCEPTS UNLIMITED/FLORIDA, INC., FOR FURNISHING AND INSTALLATION OF SPECIFIED ROOFING AND RELATED COMPONENTS, FOR DEPARTMENT OF MUNICIPAL SERVICES TO REPAIR VARIOUS ROOFING SECTIONS OF MIAMI RIVERSIDE CENTER BUILDING AND PARKING GARAGE, TOTAL CONTRACT AMOUNT $57,035. RESOLUTION NO. 03-133 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF ROOFING CONCEPTS UNLIMITED/FLORIDA, INC., FOR FURNISHING AND INSTALLATION OF SPECIFIED ROOFING AND RELATED COMPONENTS, FOR THE DEPARTMENT OF MUNICIPAL SERVICES TO REPAIR VARIOUS ROOFING SECTIONS OF THE MIAMI RIVERSIDE CENTER BUILDING AND PARKING GARAGE, IN AN AMOUNT NOT TO EXCEED $51,850, PLUS A CONTINGENCY RESERVE IN THE AMOUNT OF $5,185, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $57,035; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 311042.429301.6.830. 2.2 ACCEPT BIDS OF ENTERPRISE RENT -A -CAR AND ROYAL RENT -A -CAR FOR DEPARTMENT OF PURCHASING TO PROVIDE AUTOMOBILE RENTAL SERVICES, TO BE USED CITYWIDE, UNDER EXISTING BID NO. 01-02-217; ALLOCATE FUNDS FROM BUDGETS OF VARIOUS USER DEPARTMENTS AND AGENCIES. RESOLUTION NO. 03-134 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS OF ENTERPRISE RENT -A -CAR, AND ROYAL RENT -A -CAR, FOR THE DEPARTMENT OF PURCHASING TO PROVIDE AUTOMOBILE RENTAL SERVICES, TO BE USED CITYWIDE, ON AN AS -NEEDED CONTRACT BASIS, FOR THE PER VEHICLE COST, UNDER EXISTING BID NO. 01-02-217, EFFECTIVE THROUGH OCTOBER 20, 2003, SUBJECT TO ANY EXTENSIONS; ALLOCATING FUNDS FROM THE BUDGETS OF THE VARIOUS USER DEPARTMENTS AND AGENCIES, SUBJECT TO BUDGETARY APPROVAL. 2.3 APPROVE PROCUREMENT OF AUTOMOTIVE AND TRUCK PARTS AND ACCESSORIES FROM VARIOUS VENDORS, FOR DEPARTMENTS OF MUNICIPAL SERVICES AND FIRE -RESCUE, UNDER EXISTING MIAMI-DADE COUNTY CONTRACT NO. 1070 -3/07 -OTR, TOTAL CONTRACT AMOUNT NOT TO EXCEED $698,000; ALLOCATE FUNDS FROM DEPARTMENT OF MUNICIPAL SERVICES AND DEPARTMENT OF FIRE -RESCUE. RESOLUTION NO. 03-135 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE PROCUREMENT OF AUTOMOTIVE AND TRUCK PARTS AND ACCESSORIES FROM VARIOUS VENDORS, FOR THE DEPARTMENTS OF MUNICIPAL SERVICES AND FIRE -RESCUE, ON AN AS -NEEDED CONTRACT BASIS, UNDER EXISTING MIAMI-DADE COUNTY CONTRACT NO. 1070 -3/07 -OTR, EFFECTIVE THROUGH NOVEMBER 30, 2004; IN AN ANNUAL AMOUNT NOT TO EXCEED $349,000, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $698,000; ALLOCATING FUNDS FROM THE DEPARTMENT OF MUNICIPAL SERVICES, LIGHT FLEET DIVISION, ACCOUNT CODE NOS. 503001.420905.5.670 AND 503001.420905.5.720, HEAVY FLEET DIVISION, ACCOUNT CODE NOS. 509000.420901.6.670 AND 509000.420901.6.720, AND THE DEPARTMENT OF FIRE -RESCUE, ACCOUNT CODE NO. 001000.280701.6.702, SUBJECT TO BUDGETARY APPROVAL. 2.4 AUTHORIZE MANAGER TO EXECUTE AMENDMENT NO. 3 TO EXISTING AGREEMENT, EXTENDING CONTRACT WITH GENUINE PARTS COMPANY, D/B/A NAPA AUTO PARTS, FOR PROVISION OF IN-HOUSE PARTS OPERATIONS IN PARTNERSHIP WITH DEPARTMENTS OF FIRE -RESCUE AND MUNICIPAL SERVICES AND PROVIDING FOR EXTENSION NOT TO EXCEED SIX MONTHS, $1,040,000, ALLOCATE FUNDS FROM DEPARTMENT OF FIRE -RESCUE, $200,000, AND MUNICIPAL SERVICES DEPARTMENT, LIGHT FLEET DIVISION, $460,800, AND HEAVY FLEET DIVISION, $237,000. RESOLUTION NO. 03-136 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO AN EXISTING AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, EXTENDING THE CONTRACT WITH GENUINE PARTS COMPANY, D/B/A NAPA AUTO PARTS, PURSUANT TO RESOLUTION NO. 98-1198, ADOPTED DECEMBER 8, 1998, (FURTHER AMENDED BY RESOLUTION NOS.0I-1186, 00-82) FOR THE PROVISION OF IN-HOUSE PARTS OPERATIONS IN PARTNERSHIP WITH THE DEPARTMENTS OF FIRE -RESCUE AND MUNICIPAL SERVICES AND PROVIDING FOR AN EXTENSION NOT TO EXCEED SIX (6) MONTHS, IN AN AMOUNT NOT TO EXCEED $1,040,000, ALLOCATING FUNDS FROM THE DEPARTMENT OF FIRE -RESCUE, ACCOUNT CODE NO. 001000.280701.6.702 IN THE AMOUNT OF $200,000 (FY03), AND FROM THE MUNICIPAL SERVICES DEPARTMENT, LIGHT FLEET DIVISION, ACCOUNT CODE NOS. 503001.420905.6.702 IN THE AMOUNT OF $460,800 (FY03), 503001.420905.6.721 IN THE AMOUNT OF $63,200 (FY03) AND FROM HEAVY FLEET DIVISION, ACCOUNT CODE NOS. 509000.420901.6.702 IN THE AMOUNT OF $237,000 (FY03), 509000.420901.6.721 IN THE AMOUNT OF $79,000, (FY03), SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL. 2.5 AUTHORIZE DIRECTOR OF FINANCE TO PAY SETTLEMENT TO PLAINTIFF, ANGEL ALVAREZ, $250,000, IN FULL SETTLEMENT OF ALL CLAIMS AGAINST CITY IN CASE OF ANGEL ALVAREZ VS. CITY, ET AL.; ALLOCATE $250,000, FROM SELF-INSURANCE AND INSURANCE TRUST FUND. RESOLUTION NO. 03- 137 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY AS SETTLEMENT TO PLAINTIFF, ANGEL ALVAREZ, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $250,000, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, INCLUDING, BUT NOT LIMITED TO AUGUSTIN CLEMENTE, IN THE CASE OF ANGEL ALVAREZ VS. THE CITY OF MIAMI, ET AL., FILED IN THE UNITED STATES DISTRICT COURT, CASE NO. 00 -2151 -CIV -JORDAN, UPON EXECUTING A GENERAL RELEASE FOR THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $250,000, FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.652. 2.6 AUTHORIZE CONTINUED ENGAGEMENT OF LAW FIRM OF HOGAN & HARTSON FOR LEGAL SERVICES PROVIDED TO CITY IN CONNECTION WITH CASE OF BEDMINSTER SEACOR SERVICES VS. CITY, $50,000; ALLOCATE FUNDS FROM SELF- INSURANCE AND INSURANCE TRUST FUND. RESOLUTION NO. 03-138 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONTINUED ENGAGEMENT OF THE LAW FIRM OF HOGAN & HARTSON FOR LEGAL SERVICES PROVIDED TO THE CITY OF MIAMI IN CONNECTION WITH THE CASE OF BEDMINSTER SEACOR SERVICES VS. CITY OF MIAMI, IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, CASE NO. 98-20458 (CA -32), IN AN AMOUNT NOT TO EXCEED $50,000, PLUS COSTS AS APPROVED BY THE CITY ATTORNEY; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 515001.624401.6.661, FOR SAID SERVICES. 2.7 AUTHORIZE CONTINUED ENGAGEMENT OF LAW FIRM OF HOGAN & HARTSON, L.L.P. FOR LEGAL SERVICES PROVIDED TO CITY IN CONNECTION WITH ILLEGALLY PLACED BILLBOARDS AND CASE OF NATIONAL ADVERTISING CO. VS. CITY OF MIAMI, ED $100,000; ALLOCATE FUNDS FROM SELF-INSURANCE AND INSURANCE TRUST FUND. RESOLUTION NO. 03- 139 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONTINUED ENGAGEMENT OF THE LAW FIRM OF HOGAN & HARTSON, L.L.P. FOR LEGAL SERVICES PROVIDED TO THE CITY OF MIAMI IN CONNECTION WITH ILLEGALLY PLACED BILLBOARDS AND THE CASE OF NATIONAL ADVERTISING CO. VS. CITY OF MIAMI, IN THE UNITED STATES DISTRICT COURT, CASE NO. 01-3039 CIV -KING, IN AN AMOUNT NOT TO EXCEED $100,000, PLUS COSTS AS APPROVED BY THE CITY ATTORNEY; ALLOCATING FUNDS FROM THE SELF- INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 515001.624401.6.661, FOR SAID SERVICES. 2.8 AMEND RESOLUTION NO. 02-1273, TO CORRECT SCRIVENER'S ERROR INADVERTENTLY OMITTING "OR REPLACEMENT CONTRACTS", AND TO REFLECT INCLUSION OF SAME. RESOLUTION NO. 03-140 A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 02-1273, ADOPTED DECEMBER 12, 2002, TO CORRECT A SCRIVENER'S ERROR INADVERTENTLY OMITTING "OR REPLACEMENT CONTRACTS", AND TO REFLECT THE INCLUSION OF THE SAME. 2.9 AUTHORIZE MANAGER TO EXECUTE USE AGREEMENT WITH COCONUT GROVE CARES ANTIQUE AND JEWELRY SHOW FOR USE OF COCONUT GROVE EXPO CENTER. RESOLUTION NO. 03-141 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE A USE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH COCONUT GROVE CARES ANTIQUE AND JEWELRY SHOW FOR USE OF THE COCONUT GROVE EXPO CENTER, SUBJECT TO CERTAIN TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT. 2. 10 ACCEPT REPORT FROM CIVIL SERVICE BOARD. MOTION NO. 03 -142 A MOTION ACCEPTING A REPORT FROM THE CIVIL SERVICE BOARD. 2.11 AUTHORIZE $5,000 GRANT FOR MIAMI INTERNATIONAL FILM FESTIVAL TO BE HELD DURING FEBRUARY, 2003; AUTHORIZE ALLOCATION OF FUNDS FOR SAID SERVICES FROM SPECIAL EVENTS ACCOUNT. RESOLUTION NO. 03- 143 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO PROVIDE A GRANT TO THE MIAMI INTERNATIONAL FILM FESTIVAL EVENT TO BE HELD DURING THE MONTH OF FEBRUARY, 2003, AT THE GUSMAN PERFORMING ARTS CENTER, IN THE AMOUNT OF $5,000, AND WAIVING FEES FOR IN- KIND SERVICES FROM THE DEPARTMENTS OF POLICE, FIRE -RESCUE, MUNICIPAL SERVICES, SOLID WASTE, AND PARKS AND RECREATION, IN AN ADDITIONAL AMOUNT NOT TO EXCEED $5,000; ALLOCATING FUNDS FROM THE SPECIAL EVENTS ACCOUNT CODE NO. 001000921054.289; CONDITIONING SAID AUTHORIZATIONS UPON THE ORGANIZERS: (1) OBTAINING ALL PERMITS REQUIRED BY LAW; (2) PAYING FOR ALL OTHER NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (3) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER; AND (4) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER. Commissioner Regalado: Mr. Chairman, any other items from the consent agenda? I was told that CA -10 was pulled right? Chairman Winton: CA -10, I wrote it down somewhere. Mr. Regalado but I -- Alejandro Vilarello (City Attorney): It's been pulled from the consent agenda to be discussed in the regular meeting. Chairman Winton: Yes, 10's going to the regular meeting, to the regular agenda I mean. OK. I would also like to put on the record that there were no vetoes from the Mayor. Do we have to do anything about that? Just make that statement? And I would like to pull item number 13 from the regular agenda and are there, Mr. Manager, any other regular agenda items you want to pull? Mr. Arriola: We have an agenda? Chairman Winton: Yeah, regular -- Mr. Arriola: Item 6. Chairman Winton: Item 6? So, we're going to defer -- oops, wrong -- item 6. I'm asking if they're any regular agenda items that the Manager wanted to pull and he was pulling, deferring agenda item 6 and I deferred item number 13. Alejandro Vilarello (City Attorney): Mr. Chairman, on item 13 are you deferring that to a date specific? Chairman Winton: No, I'm not. Mr. Vilarello: So, it's being removed from the -- Chairman Winton: Yes. Mr. Vilarello: -- agenda? Chairman Winton: Yes. And any other items that anyone wants pulled from the regular agenda? Then I would -- I'm sorry. Who wants to pull item 2? What's on 2? Well, we're pulling item 2 on Virrick Park? OK, apparently we want to defer item 2 as well which is on Virrick Park so, that's the other agenda item. 3. CONFIRM APPOINTMENT OF DANNY COUCH, LARRY HANDFIELD AND RUDY DE LA GUARDIA AS MEMBERS OF CIVILIAN INVESTIGATIVE PANEL. DIRECT THAT PRIOR TO ANY OFFICIAL ACTION OF CIVILIAN INVESTIGATIVE PANEL (CIP), WORKSHOP BE SCHEDULED TO (1) PROVIDE FOR DISCUSSION OF PURPOSES, POWERS AND DUTIES OF CIP, AND (2) PRESENT INFORMATION RELATED TO FLORIDA SUNSHINE LAW, ETHICS, CONFLICT OF INTEREST AND PUBLIC RECORDS. Chairman Winton: OK. Mr. Mayor, I would like to go to your CIP (Civilian Investigative Panel) nominations. Oh, there you are. Any comments you want to make, or would you just like our motion to -- OK. We need a motion on the Mayor's CIP appointments. That is Mr. Danny Couch, Mr. Larry Handheld and Mr. Rudy de la Guardia. Commissioner Sanchez: So move, Mr. Chairman. Vice Chairman Teele: Second. Chairman Winton: We have a motion and a second. Yes, sir. Vice Chairman Teele: Discussion. Alejandro Vilarello (City Attorney): For the record, the item was called as a special -- at a special time at 6 o'clock. There's no legal requirement for that. That was at the direction of the City Commission. It is appropriate for you to hear it at this time, if the Commission so wishes. Commissioner Sanchez: Well, hopefully, we won't be here at 6 o'clock. Chairman Winton: Commissioner Teele. Vice Chairman Teele: Well, is the item up now, or is it up at 6 o'clock? Chairman Winton: I'm sorry? Vice Chairman Teele: Is this item up now, or is this item up at 6 o'clock? Chairman Winton: It's now. I mean, the City Attorney just ruled that we are clearly within our bounds to bring this item up now, as opposed to 6 o'clock. Vice Chairman Teele: Mr. Chairman -- Chairman Winton: And by the way, we -- I'm hoping -- in fact, I'm quite confident we won't be here at 6 o'clock. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: I'm going to ask the Clerk to transmit to the Mayor's office the discussion that broke the impasse on why the Mayor got three appointees as opposed to two appointees, which was originally discussed, which created a situation where the Commission had one point -- each Commissioner had one point -- Chairman Winton: One and four/fifths, each. Vice Chairman Teele: 1.15 or something like that, four/fifths, and the reason that this is important is that this Commission and this Commissioner made the motion to, in effect, take one appointee from the Commission, which would have been two each, and give a third one for the Mayor, for a specific purpose. It's very clear, and I commend the Mayor, and I'm fully supportive of the Mayor's appointments, and I particularly commend you, Mr. Mayor, on reaching and trying to get more ethnic balance, but I would like for the Clerk to transmit to you the purpose for that motion, and hopefully, that you'll consider the legislative intent in making your future appointments. Thank you. Commissioner Sanchez: Call the question. Vice Chairman Teele: Call the question, Mr. Chairman. Chairman Winton: OK. So do we have further discussion on the Mayor's appointments to the CIP Panel? Being none, we -- did we get a motion? Commissioner Sanchez: Get a roll call. Chairman Winton: OK. Mr. Regalado: Yes. Chairman Winton: Madam Clerk, roll call, please. Vice Chairman Teele: Roll call, Madam Clerk. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-144 A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVILIAN INVESTIGATIVE PANEL. (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: Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez Vice Chairman Arthur E. Teele, Jr. Chairman Johnny L. Winton NAYS: None ABSENT: None Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: On the subject -- and while the Mayor is here and focused on this, Mr. Attorney, I'd like to read into the record a resolution relating to the CIP that I would like for this Commission to consider and act upon right now, and I think it's really important. If I could just - Chairman Winton: Yes, sir. Vice Chairman Teele: Mr. Chairman and members of the Commission, this CIP, which was long and debated is perhaps one of the best models, at least from those advocates who support the CIP in the nation. The CIP does a lot of things, and this process was carefully debated. Commissioner Gonzalez, were you here for that full discussion on the CIP? You weren't -- I mean, the legislation. Were you here for all of the various -- I think Commissioner Gort was here. Commissioner Gonzalez: He was part of the meetings, and then I followed in the last three or four meetings. Vice Chairman Teele: This is about half of the record that creates the CIP. Now, obviously, we don't expect the new members of the CIP to read all of this, but I think what's really important is that we avoid what has happened in the past. In the last three weeks since this CIP has been announced, one of my appointments -- appointees went on TV and totally misrepresented the powers of the CIP. The Police Chief has spoken out and been quoted, clearly not understanding at all what this CIP does. We're at a very important point, and I think legislative intent is something that we, as the Commission, must ensure is preserved. If we don't ensure our legislative intent is preserved, there's no one else to do it. This CIP does not do what 50 percent of the CIP members that have been quoted as saying will do. This will not be a race to the crime scene with the U.S. Attorney, the State's Attorney, the Police Homicide Division, and, of course, Internal Affairs and every politician that's running for next office. The CIP will not be involved in that, because the CIP does not have jurisdiction at a crime scene, and I've been very careful not to get into a debate, but the time has come, Commissioners, where we must say exactly how we want this thing to get off the ground, and so I am proposing one resolution that I hope will ensure one thing -- legislative intent. Mr. Attorney, would you read the resolution? I know that we've gone back and forth on this, and it's been the subject of a lot of discussion. Mr. Vilarello: A resolution of the Miami City Commission directing that prior to any official action of the Civilian Investigative Panel, a workshop be scheduled to provide for discussion of the purposes, powers and duties of the CIP, and include participants from the community-based organizations such as PULSE (People United to Lead the Struggle for Equality), Brothers of the Same Mind, the ACLU (American Civil Liberties Union) and other citizens involved in the establishment of the CIP and to present -- Vice Chairman Teele: Excuse me. That also included the FOP (Fraternal Order of Police). It was specifically discussed as a part of this record, both those that were for it and against it. Mr. Vilarello: -- and to present information related to the Florida Sunshine Law, ethics, conflicts of interest and the public records; further directing that the City Clerk provide copies of transcripts of all meetings and all documents related to the formation of the CIP; and designating the City Attorney as the interim Executive Director and Attorney to the CIP until the CIP selects a permanent individual to said position. Vice Chairman Teele: I would so move for discussion. Commissioner Sanchez: Second for discussion. Chairman Winton: We have a motion and a second. Commissioner Sanchez: For discussion. Chairman Winton: Yes. And, Commissioner Teele, don't you think we should have a date, a deadline date by which this should be held in that resolution? Vice Chairman Teele: I would certainly accept that, but I just want to be very clear. What I'm asking is that the City Attorney convene a panel of those persons who were before us on the record in the discussion, in the back and forth, because there's a lot of language in this CIP that has specific meaning that the ACLU and others researched in depth, and there was a lot of balancing going on by this Commission. They need to be in that workshop to be able to explain, along with the FOP, what their concerns are, but this CIP ought to get off to the same intellectual knowledge base point of reference, and wherever they go from there, that's their business. That's the CIP's individual business. But they should have the benefit of understanding what every word means. They should have the benefit of understanding that they have something that the Mayor and no one else in this City has. They have the ability to name their own lawyer, for example. The City Charter requires that every lawyer in this City be named by the City Attorney, other than in this provision that is contained in the Charter provision, and that provision is in the Charter provision for a very exact purpose, and so there's a lot of discussion, for example, why does the City Attorney have to approve our lawyer? OK? And that was a compromise between what is currently in the Charter, and what was added to the Charter, and that language simply states that they get to choose their own lawyer, as an example, but their lawyer is subject to a confirmation or approval by the City Attorney. It's not an attempt by the Commission or the City Attorney to exercise jurisdiction over them. To the contrary, they have a right that no other organization has; not the CRA (Community Redevelopment Agency), not the Model City Trust, not the MSEA (Miami Sports and Exhibition Authority), not anyone, even DDA (Downtown Development Authority). Aren't you the Attorney for DDA? Mr. Vilarello: Yes, but DDA actually does have the right to select their own counsel. Vice Chairman Teele: Under the Charter? Mr. Vilarello: Yes. Vice Chairman Teele: So it's a Charter provision. But I think there's a lot of misunderstanding of what the legislative intent was, and I think a workshop, which no Commissioners, candidly, ought to really be involved in. Personally, I don't think we should be involved in that workshop, at all. I'm not going to write that in, because I think Commissioners ought to be free to pretty much do what they want to do within the constraints of the law, the Charter and the State law. But I certainly don't intend to go, and I don't think it would be appropriate to go, but I think it would be most appropriate if the Chief of Police and the head of Internal Affairs, Mr. Manager, and even you, Mr. Manager, if you all were all there, so that everybody at least understands the same thing. Now everybody is going to interpret it differently, what you say, and that's fair, but I think there ought to be at least a basis. The Clerk should be required to provide them with a transcript, the discussion and original documents so they know they've got what Joe Sanchez was saying what his concerns were, why there's a restriction on, I think, ex -felons. Isn't there a restriction on ex -felons in here? That was a debate. I didn't agree with it, but that was the will of the majority, and that's what we have to abide by, and so it's no need in going back through that. I think it's really important, if we want this CIP to move forward, and I think it's really also important, consistent with the spirit in which the City is moving that the City Attorney basically be the person to advise them until they hire their own staff and their own Attorney, and that's going to be free to them. The budget and the staffing is moved over to them, but it'll be up to the Executive Director and the Attorney on how that thing is going to be organized, and the one thing that I'm going to fight for is for the CIP to have total independence, except as relates to -- they've got to submit their budget to this Commission on an annual basis, just like everyone else does. Chairman Winton: Commissioner Sanchez. Commissioner Sanchez: Yes. Commissioner Teele answered most of the concerns that I have, and I think it's important for them to get together and really find out what their scope of duties are, so they don't step outside their boundaries and get themselves in trouble; not only get themselves in trouble, but in many cases, might interfere with investigation and cause something we don't want to get involved in. The concern that I have is that along with all the compromises that we came forth in the legislation to establish the Civilian Panel, we focused on training that must still go on, and that, you know, they need to know Constitutional law. They need to know police procedures. They need to go ride along with police officers. They also needed to go -- I remember in the language that we wrote, we came up with an institution that specializes throughout the United States in providing -- it's an institution that provides education on CIP programs throughout the United States. So I don't want to deviate from that, and I also agree with Commissioner Teele that, you know, we should just stay out of that, but I think it's a great legislation. I'm ready to vote on it. Vice Chairman Teele: I want to just say on the record if this -- in my mind, if the CIP does two things, they will succeed: If they really work with the Police Department and the management in recruitment and training. See, nobody is talking about that. Everybody is talking about the crime scene stuff, and this and that, and that's important, but we've got to basically get the right kind of profile of people coming in, and over a period of time, it'll be done. I think there's going to be a lot of investigation. I think there's going to be a lot of looking at old files. That's all contemplated, of going back, looking at old files and all that, but that's up to them. Whatever they want to do is up to them. What I'm looking for is recommendations on recruitment and training. Chairman Winton: Any other discussion? Commissioner Sanchez: Yeah, but I think in the original discussions that we had, we never touched on recruitment or training. Vice Chairman Teele: Oh, yeah. Commissioner Sanchez: And we definitely touched on not going back, because that was one of the concerns that we had, that they would be able to go back "X" number of years, you know, 20 years and just open up a new can of worms, and that was a concern to us. Vice Chairman Teele: Well, the Attorney will determine what their powers are, because obviously, we're ready to have that discussion. Mr. Vilarello: The ordinance actually covers that issue. They can't go back before the voters approved the referendum question. Commissioner Sanchez: Exactly. I knew we discussed that back and forth. Vice Chairman Teele: For the -- Mr. Vilarello: They can, for historical purposes, look at old files, but they can't conduct investigations with regard to those matters that took place before November of 2001. Chairman Winton: Any other discussion? OK. We have a motion and a second. No other discussion. 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. 03-145 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THAT PRIOR TO ANY OFFICIAL ACTION OF THE CIVILIAN INVESTIGATIVE PANEL ("CIP") A WORKSHOP BE SCHEDULED TO (1) PROVIDE FOR A DISCUSSION OF THE PURPOSES, POWERS AND DUTIES OF THE CIP AND INCLUDE PARTICIPANTS FROM THE FRATERNAL ORDER OF POLICE, AND COMMUNITY-BASED ORGANIZATIONS SUCH AS PULSE, BROTHERS OF THE SAME MIND, ACLU AND OTHER CITIZENS INVOLVED IN THE ESTABLISHMENT OF THE CIP, AND (2) PRESENT INFORMATION RELATED TO THE FLORIDA SUNSHINE LAW, ETHICS, CONFLICT OF INTEREST, AND PUBLIC RECORDS; FURTHER DIRECTING THAT THE CITY CLERK PROVIDE COPIES OF TRANSCRIPTS OF ALL MEETINGS AND ALL DOCUMENTS RELATED TO THE FORMATION OF THE CIP; AND DESIGNATING THE CITY ATTORNEY AS CIP INTERIM EXECUTIVE DIRECTOR AND ATTORNEY UNTIL THE CIP SELECTS PERMANENT INDIVIDUALS TO SAID POSITIONS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez Vice Chairman Arthur E. Teele, Jr. Chairman Johnny L. Winton NAYS: None ABSENT: None 4. WANE FEES FOR BLACK HISTORY MONTH ARTS AND CRAFTS FESTIVAL AND FOR CITY TO PROVIDE INSURANCE FOR SAID EVENT. Chairman Winton: If y'all don't mind, I said we were pulling item number 2 and I know we want to go to the blue pages, but we do have a personal appearance on item 2, so what I did is not what my staff really wanted done. So, I think, Will Johnson, are you here? Yes, sir, would you come up and bring any of your committee members that you would like and make your presentation. Will Johnson: Good morning. Morning to the Commission, Mr. Chairman, my name is Will Johnson. I'm a Chairman of the Virrick Park citizens committee, 3750 South Douglas Road at 33133. I have a little background presentation I'd like to go on the record but we're waiting for Ms. McDonald who's in the building somewhere. We'll bring that up next time around but we want to put the background of the committee into the record. As soon as she comes in we'll have that done. I'm here with other committee members and we're here to ask for waiver of fees for our upcoming second annual Black History Month Arts and Crafts Festival. This festival, we did it last year, it was pretty successful even though it was a rainy afternoon. The important thing, we're partnering with Parks and Recreation and I think somebody's here from Parks representing Mr. Ruder who's suppose to speak on this as well. Thank you and we'll let him make the presentation for Mr. Ruder who is the Director of Parks and Recreation. Partner with the City, partner with the Net office and this event raises fees for programming and construction at Virrick and all fees go back into Virrick Park. So -- Chairman Winton: Mr. -- excuse me one moment. And I would like to really accent the point that Will Johnson just made, this request is different than any request from an independent, not for profit entity that we've ever had, in that, what they're just simply saying is, we are going to waive all these City fees. Why? Because every single dime that they raise goes right back into the park. So, it is truly circular here and so, it really is irrational to charge the fees in the first place because the monies going right back into the park, so that's a big difference here and my apologies. Monzone Aguirre: Commissioners, in respect to the fees we've calculated roughly about $5,800 predicated upon past experiences from what we know relative to what is being presented here by the committee so, it roughly $5,800. Chairman Winton: OK, so, can we get a motion? Vice Chairman Teele: So move Mr. Chairman. Commissioner Gonzalez: Second. Chairman Winton: Got a motion and a second -- Commissioner Gonzalez: Second. Chairman Winton: -- on waiving the fees on this event. Any further discussion? Alejandro Vilarello (City Attorney): Mr. Chairman. Chairman Winton: Yes sir. Mr. Vilarello: That includes authorization for the City to provide the insurance as well? Mr. Johnson: Yes, we're requesting that as well. Chairman Winton: Yes. That's the motion. OK, 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. 03-146 A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO THE SECOND ANNUAL VIRRICK PARK BLACK HISTORY MONTH ARTS AND CRAFTS FESTIVAL, CONDUCTED BY THE COCONUT GROVE VIRRICK PARK COMMITTEE, TO BE HELD AT THE ELIZABETH VIRRICK PARK ON FEBRUARY 22, 2003; AUTHORIZING THE WAIVER OF ALL FEES AND PERMITS PERMISSIBLE BY LAW, IN AN AMOUNT NOT TO EXCEED $5,800; CONDITIONING SAID AUTHORIZATION UPON THE COMMITTEE: (1) OBTAINING ALL PERMITS REQUIRED BY LAW; (2) PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (3) OBTAINING INSURANCE, TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER; AND (4) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY. 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. Chairman Winton: Could I -- the sound people here, usually the sound -- thank you very much Virrick Park Committee, appreciate it a lot. Usually the sound is very good in here, but it's pretty terrible today. I don't know if it's echoing or what's going on, but we really can't here well. We really can't hear well. We can't hear each other well and we can't hear from out there well. So, cold you guys monkey with the sound someway or another? 5. DIRECT MANAGER TO INSTRUCT ADMINISTRATION TO REVIEW AND MAKE WRITTEN RECOMMENDATION REGARDING ABANDONED CITY PROPERTY LOCATED AT 1390 NORTHWEST 24TH AVENUE FOR DESIGNATION AND PROPOSED FUTURE SALE TO ALLAPATTAH COMMUNITY ACTION INC. FOR DEVELOPMENT OF AFFORDABLE HOUSING THROUGH SECTION 202 PROGRAM TO HOUSE ELDERLY RESIDENTS. Chairman Winton: Blue page items. Commissioner Gonzalez. Commissioner Gonzalez: Thank you Mr. Chairman. On my blue pages on A, I have staff to review an abandoned City property located at 1390 Northwest 24th Avenue. Folio number 0131341080010 for designation and future sale to Allapattah Community Action, Inc. for the development of an affordable housing throughout the section 202 program to house elderly residents. We need to have a motion on that, Mr. City Attorney? Alejandro Vilarello (City Attorney): If you want the Commission direction, yes. Commissioner Gonzalez: Yes, so move. Vice Chairman Teele: Second. Chairman Winton: We have a motion and a second. Yes sir, Commissioner Teele? Vice Chairman Teele: Do we have a written recommendation from the Manager on this? Joe Arriola (City Manager): No, we don't. Keith Carswell (Director, Economic Development Department): Keith Carswell, Department of Economic Development. Chairman Winton: Keith, you need to get closer to the microphone, pull it up to you. Mr. Carswell: OK, Keith Carswell, Department of Economic Development. This property consists of about 1.6 acres and it was previously occupied by a Cuban Municipalities in exile. They were looking at developing the project from affordable housing, that project never got off the ground. The Allapattah community action agency, they completed a development project, I believe, elderly housing project, adjacent to this particular site. They've approached I guess, Commissioner Gonzalez's staff with request that they be allowed to look at developing this particular site. Commissioner Gonzalez is presenting this on his blue pages to give staff direction relative to, you know, the disposition to this property. Chairman Winton: So, the motion is to give staff direction to look into making this transfer -- Commissioner Gonzalez: Right. Chairman Winton: -- Commissioner Teele, any other discussion? Vice Chairman Teele: I would like to just understand, is the motion to transfer it or give staff direction? Commissioner Gonzalez: Well, actually it's to seek direction from staff. Vice Chairman Teele: Well, I'm not comfortable seeking their direction, but I am comfortable seeking their input. I mean, I think we should make the direction. Commissioner Gonzalez: Pardon me. Vice Chairman Teele: I think you and the Commission should make the direction, but I have no problem seeking their input and recommendation. Commissioner Gonzalez: Well, yes. Vice Chairman Teele: OK. Commissioner Gonzalez: Get their input and recommendation. If it is that this lot has been abandoned for the last 10 years. They started building a building there. It was abandoned. Vice Chairman Teele: I second the motion. I'm supporting it. I just want to make sure that what we're giving is the staff an opportunity -- if there's something out there that we don't know about, that could be you know, that they'll give a chance and I think what I would like to do is ask that you amend it and for them to come back within 30 days with a specific recommendation. Mr. Carswell: And I would add, Commissioner, we've discussed this with community development and the organization is familiar with them -- Vice Chairman Teele: We'll that's a new thing. Mr. Carswell: --and -- Vice Chairman Teele: The last time you all were down here you all were selling property out from under Community Development. Chairman Winton: Well, the good news is they're discussion it now and -- Vice Chairman Teele: The good news is they're discussing it so -- Chairman Winton: Right. Mr. Carswell: And in this particular instance we would support -- Vice Chairman Teele: Well, why don't you take the 30 days, come back in two weeks and give us a written recommendation just for -- Commissioner Gonzalez: I'll accept the amendment. Vice Chairman Teele: Yeah, OK. Chairman Winton: OK, 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 motion was introduced by Commissioner Gonzalez, who moved for its adoption: MOTION NO. 03 -147 A MOTION DIRECTING THE CITY MANAGER TO INSTRUCT THE ADMINISTRATION TO REVIEW AND MAKE A WRITTEN RECOMMENDATION REGARDING ABANDONED CITY PROPERTY LOCATED AT 1390 NORTHWEST 24TH AVENUE FOR DESIGNATION AND PROPOSED FUTURE SALE TO ALLAPATTAH COMMUNITY ACTION INC. FOR THE DEVELOPMENT OF AFFORDABLE HOUSING THROUGH THE SECTION 202 PROGRAM TO HOUSE ELDERLY RESIDENTS; FURTHER INSTRUCTING THE CITY MANAGER TO BRING BACK SAID WRITTEN RECOMMENDATION AT THE COMMISSION MEETING CURRENTLY SCHEDULED FOR FEBRUARY 27, 2003. Upon being seconded by Vice Chairman Teele, 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: Excuse me one second. Commissioner Gonzalez: Yes sir. Chairman Winton: We had a 10 o'clock time specific agenda item which was CDBG (Community Development Block Grant) funds and that was items 11 and 12. Vice Chairman Teele: Mr. Chairman, since most of the people that are coming from the items that I have, I think, could we just go ahead and finish Commissioner Gonzalez items, blue page items, and then -- Chairman Winton: Sure, great. All yours, continue on then. 6. DIRECT MANAGER TO INSTRUCT ADMINISTRATION TO REVIEW AND REPORT BACK TO COMMISSION REGARDING DESIGNATION AND LEASE OF CITY PROPERTY LOCATED AT 1728 NORTHWEST 22ND PLACE TO ALLAPATTAH COMMUNITY ACTION INC. FOR EXPANSION OF ALLAPATTAH ELDERLY MEALS PROGRAM. Commissioner Gonzalez: OK, item B is staff to review the designation and lease of City property located at 1728 Northwest 22nd Place to Allapattah Community Action, Inc. for the expansion of the Allapattah elderly means program. Vice Chairman Teele: Second the motion. Chairman Winton: So, 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 motion was introduced by Commissioner Gonzalez, who moved for its adoption: MOTION NO. 03-148 A MOTION DIRECTING THE CITY MANAGER TO INSTRUCT THE ADMINISTRATION TO REVIEW AND REPORT BACK TO THE CITY COMMISSION REGARDING THE DESIGNATION AND LEASE OF CITY PROPERTY LOCATED AT 1728 NORTHWEST 22ND PLACE TO ALLAPATTAH COMMUNITY ACTION INC. FOR EXPANSION OF THE ALLAPATTAH ELDERLY MEALS PROGRAM. Upon being seconded by Vice Chairman Teele, 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. 7. DIRECT MANAGER TO INSTRUCT ADMINISTRATION TO REVIEW AND REPORT TO COMMISSION REGARDING DESIGNATION OF CITY VACANT PROPERTY LOCATED AT 2175 NORTHWEST NORTH RIVER DR. AS AVAILABLE FOR DISPOSITION AS AN AFFORDABLE HOUSING SITE. Commissioner Gonzalez: Item C is staff to review designation of City vacant property located at 2175 Northwest North River Drive, Folio number 0131340740020 as available for this position as an affordable housing site. Vice Chairman Teele: Second the motion. 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 motion was introduced by Commissioner Gonzalez, who moved for its adoption: MOTION NO. 03-149 A MOTION DIRECTING THE CITY MANAGER TO INSTRUCT THE ADMINISTRATION TO REVIEW AND REPORT TO THE CITY COMMISSION REGARDING THE DESIGNATION OF CITY VACANT PROPERTY LOCATED AT 2175 NORTHWEST NORTH RIVER DR. AS AVAILABLE FOR DISPOSITION AS AN AFFORDABLE HOUSING SITE. Upon being seconded by Vice Chairman Teele, 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 Gonzalez: I have item D which I would like to wait until the company, Sarmiento people are here to discuss in reference to -- Chairman Winton: Are they here? Commissioner Gonzalez: Are they here? OK. Chairman Winton: And Commissioner Regalado, this is also an item B in your blue pages so -- Commissioner Regalado: Yes. Chairman Winton: -- we can just kind of combine this whole discussion. Commissioner Gonzalez: Right, I think we can do that. Commissioner Regalado: OK. Chairman Winton: Regalado. OK. 8. DIRECT MANAGER TO INSTRUCT ADMINISTRATION TO WORK WITH ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY IN TRANSFERRING TWO CITY OWNED SITES AVAILABLE FOR DISPOSITION 790 NORTHWEST 29TH TERRACE AND 2374 NORTHWEST 33RD STREET FOR DEVELOPMENT OF AFFORDABLE HOUSING. Commissioner Gonzalez: Mr. Chairman, if you allow me I would like to take E first and then go back to D because it's going to be the end of my blue pages. Chairman Winton: No problem. Commissioner Gonzalez: OK, on page E, I have a staff to work with the Allapattah Business Development Authority in transferring two City -owned sites available for disposition, 790 Northwest 29th Terrance and 2374 Northwest 33rd Street for the development of affordable homeownership housing. They (UNINTELLIGIBLE) the homeownership but these are projects to be built as homeownership, which will in turn take these lots and make into a producing you know, bring new revenues to the City. Chairman Winton: We have a motion, need a second. Commissioner Sanchez: Second. Chairman Winton: Got 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 Gonzalez, who moved for its adoption: MOTION NO. 03-150 A MOTION DIRECTING THE CITY MANAGER TO INSTRUCT THE ADMINISTRATION TO WORK WITH THE ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY IN TRANSFERRING TWO CITY OWNED SITES AVAILABLE FOR DISPOSITION 790 NORTHWEST 29TH TERRACE AND 2374 NORTHWEST 33RD STREET FOR THE DEVELOPMENT OF AFFORDABLE HOUSING AND COME BACK TO THE COMMISSION WITH A RECOMMENDATION. The following motion was introduced by Commissioner Sanchez, who moved for its adoption: 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: And Mr. Manager, in this regard, you know, I really commend what Commissioner Gonzalez is doing here. I mean, he's really taking a proactive approach to getting vacant city owned lots into affordable homeownership which then in turn takes a negative out of the neighborhood and puts a positive on the City and we get tax revenue from it and we don't have to spend money cleaning the lot to doing all this jazz. So, I mean, and so, what I'm hoping and I know you're focused on this but I hope that you direct staff at some point when you get your priorities organized to do a comprehensive look at all the City -owned scattered site lots all across the City and let's develop a comprehensive plan for getting all of them into affordable homeownership to clean up our neighborhoods citywide and we have a ton of lots. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes sir. Vice Chairman Teele: I want to put a caution flag right there. And I know what you said sounds like American flag and apple pie, but this is what happens, Johnny, and this is where you have a tremendous advantage and disadvantage. Most of the vacant City lots that are going to be available for this use are going to be in the two poorest districts in the City, Commissioner Gonzalez District and Commissioner Teele's District. I daresay 60-70 percent of them are going to be in my district and you need to be very careful because we have done a comprehensive plan and what I want to make sure that we do is we don't do a City-wide plan but we do a City-wide plan that is reflective of the priorities within those districts and I commend what Commissioner Gonzalez was doing this morning, because I wanted to let the flow be consistent that he's trying to get all of his land in affordable housing which we all ought to be doing. But in the case of, for example, my district, 50 percent of the vacant lots going to be in Model City. We have a revitalization plan and trust and they are dealing with that in that context. In the case of Little Haiti, we have pretty much tried to identify all of the available land for Habitat for Humanity, and what I'm simply saying is we -- it's not going to be something that's a citywide plan. It can be Citywide in scope but it's got to reflect neighborhood and neighborhood priorities in terms of a process that is long going -- Chairman Winton: I agree. Vice Chairman Teele: -- the problem you have is your land is so valuable in the district you represent. You have virtually no CLUC 90 land. I have at least 60-70 percent of all of the CLUC 90 land in the City. That's land that has got so many taxes and so many leans on it that it's just literally abandoned, and in that regard Mr. Carswell, Ms. Rodriguez, you all have some land that we awarded back in September that is stalled. Could you all prepare an item for me today on those six lots. I think, the Model Cities Trust voted on that, and could I get the legislation today to do whatever we got to do to make those for affordable housing because I want to catch up with Angel. Chairman Winton: And by the way, Commissioner Teele, your comments were absolutely appropriate, and what I was doing was giving staff the benefit of the doubt that they would think about those things so -- Vice Chairman Teele: I'm saying it more for the benefit of the Manager because the Manager appears to be taking the words from the Mayor and the Commissioners to heart, which is new, and I didn't want there to be a memo going out saying develop a citywide plan you know, because I think this is a time we need to clarify that there can be a citywide plan but it must be reflective of the various neighborhoods and the districts' uniqueness and idiosyncrasies. Chairman Winton: Did we vote on this? Commissioner Gonzalez: I agree with you, Commissioner Teele, but actually what we're doing - - is we're doing exactly the same thing. You doing exactly the same thing in your district that I'm trying to do in my district, and the fact if that we have had these lots abandoned for years and years. We are cleaning this lot. We are paying for the cleanup. We're paying for the fencing. They are not producing anything. Now, if we take these lots and we build homeownership housing or rental -- by the way, I prefer and I'd rather have homeownership, because that makes the people that own the house compromise with the rest of the neighborhood and the rest of the community to make sure that the neighborhood gets improved, but whenever we build something on these lots, then we don't have to cut the lawn, we don't have to take care of the fence, we don't have to worry about what's going on on the lot, and this lot all of a sudden start paying taxes to the City of Miami and improving the neighborhood, so but, yeah I agree with you exactly, you know not every area in the City of Miami is the same and we re not all going to want the same thing for our neighborhoods. 9. RECONSIDER MOTION 03-117 WHICH HAD DENIED PROPOSAL TO AMEND ORDINANCE 10544, COMPREHENSIVE NEIGHBORHOOD PLAN, TO CHANGE LAND USE DESIGNATION AT 536, 602, 608 AND 690 N.W. 57 AVENUE AND 601, 605, 611, 631 AND 641 N.W. 57 COURT FROM SINGLE FAMILY RESIDENTIAL AND GENERAL COMMERCIAL TO RESTRICTED COMMERCIAL AND MOTION 03-118 WHICH HAD DENIED PROPOSAL TO AMEND ZONING ORDINANCE 11000 TO CHANGE CLASSIFICATION AT 536, 602, 608 AND 690 N.W. 57 AVENUE AND 601, 605, 611, 631 AND 641 N.W. 57 COURT FROM C-2 LIBERAL COMMERCIAL AND R-1 SINGLE- FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL; MANAGER TO SCHEDULE SAID TWO ISSUES FOR COMMISSION MEETING CURRENTLY SCHEDULED FOR MARCH 27, 2003. Chairman Winton: Commissioner Gonzalez, you've got Item B. Commissioner Gonzalez: Yes, sir. Finally, Item B -- did we vote on "ET' Chairman Winton: Yes. I asked that question. So, apparently, we did. Commissioner Gonzalez: Yes, we did? OK. Item B. Is anybody here from Sarmiento? Ben Fernandez: Good morning, Commissioners. My name is Ben Fernandez. I'm an attorney with law offices at 200 South Biscayne Boulevard. I'm here on behalf of the Sime Corporation, Florida Union Land Corporation. We are requesting that the Board reconsider PZ (Planning & Zoning) Items 12 and 13 from its January 23r Planning & Zoning meeting. And the purpose of this request is to allow the applicant to present additional evidence, namely, a petition signed by over 20 area residents that is supportive of both the application and this motion to reconsider. So, we'd ask that you move to reconsider this item at a subsequent date. Commissioner Sanchez: What? Chairman Winton: Mr. City Attorney, could you help us out here? Commissioner Sanchez: I don't understand this. Alejandro Vilarello (City Attorney): The request is a request for reconsideration of two items that this Commission voted down at your last meeting. As of right, they have the right to request a reconsideration. Commissioner Sanchez: And what item is this? Mr. Vilarello: If the City Commission -- it's PZ Items 12 and 13, is that correct? Mr. Fernandez: That's correct. Mr. Vilarello: If the City Commission is willing to consider this motion for reconsideration, then you would schedule a hearing, at some date in the future, to consider the item again. Commissioner Gonzalez: OK. First of all, do you have anything to do with Sarmiento, with the bus benches? Are you representing Sarmiento here? Mr. Fernandez: No, I don't. Commissioner Gonzalez: OK. Chairman Winton: So, what are you doing here? Commissioner Gonzalez: Apparently, you were not paying attention. I was calling the Sarmiento people and the attorneys that represent Sarmiento. But now that you stood at the podium and ask for reconsideration, yes, Mr. City Attorney, as the City -- as the Commissioner of the district, I'm willing to rehear this case at the next Zoning -- Commissioner Sanchez: Second. Chairman Winton: We have a motion to -- I'm sorry? OK. Hold on. Commissioner Sanchez: Mr. Chairman -- Chairman Winton: We have a -- hold on. Commissioner Sanchez: -- that needs to be properly -- Chairman Winton: Hold on. Hold on. Commissioner Sanchez: Properly advertised, is what I'm saying. Chairman Winton: Yes. We have a motion to accept the rehearing, and I think I heard a second. And, Mr. Attorney, you're recognized. Mr. Vilarello: It was requested to be scheduled at the next P&Z meeting, but that will not give us enough time to advertise. Chairman Winton: All right. Then -- Mr. Vilarello: So, it'll have to be -- Vice Chairman Teele: Mr. Chairman, you're right. The acoustics right now are worse -- Commissioner Regalado: I can't hear. Vice Chairman Teele: We cannot even hear down here. Chairman Winton: Wow. Commissioner Regalado: I have a problem. I cannot hear anything at all. Chairman Winton: Well, it's terrible. I don't know why, because it's always been so good here, so -- Commissioner Gonzalez: There is a motion to rehear (INAUDIBLE) just to see if they can hear me. The motion is to rehear a zoning item -- Mr. Vilarello: Reconsider. Commissioner Gonzalez: -- that was denied at the last Zoning hearing. Vice Chairman Teele: What district did the item originate from? Commissioner Gonzalez: My district. Vice Chairman Teele: And are you making the motion? Commissioner Gonzalez: Yes, sir. Vice Chairman Teele: Fine. Commissioner Regalado: Oh, this is not about the bus benches. I mean, I can't hear. Commissioner Gonzalez: No, this is not on bus benches. What happened is -- Vice Chairman Teele: I thought it was. Commissioner Gonzalez: -- the gentleman got confused -- Commissioner Regalado: I thought it was the bus benches. They were talking about bus benches here. Commissioner Gonzalez: -- and he stood at the podium when I was calling for the benches. So, what we're going to do -- Chairman Winton: Fine. Commissioner Sanchez: Call the question. Commissioner Gonzalez: -- Mr. Chairman, is just vote on this item and they go to the next one. Chairman Winton: Very well. OK, so we have a motion and a second on reconsidering PZ -12 and 13. Commissioner Sanchez: Mr. Chairman, the only thing that we need to clarify is that the City Manager needs ample time to properly adver -- Chairman Winton: The City Attorney's already said that. I don't need to clarify anything. He's already put that on the record. So -- Mr. Vilarello: It will be the second meeting. Chairman Winton: So, we have a motion and a second. The City Attorney's clarified the timing in which this thing has to go, based on advertising. Any further discussion? Commissioner Gonzalez: That would be the second meeting in March, right, Mr. -- Mr. Vilarello: March 27th Commissioner Gonzalez: All right. March 27th Chairman Winton: 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 Gonzalez, who moved its adoption: MOTION NO. 03 -151 A MOTION TO RECONSIDER MOTION 03-117 WHICH HAD DENIED PROPOSAL TO AMEND ORDINANCE 10544, THE COMPREHENSIVE NEIGHBORHOOD PLAN, TO CHANGE LAND USE DESIGNATION AT APPROXIMATELY 536, 602, 608 AND 690 N.W. 57 AVENUE AND 601, 605, 611, 631 AND 641 N.W. 57 COURT FROM SINGLE FAMILY RESIDENTIAL AND GENERAL COMMERCIAL TO RESTRICTED COMMERCIAL AND MOTION 03-118 WHICH HAD DENIED PROPOSAL TO AMEND ZONING ORDINANCE 11000 TO CHANGE CLASSIFICATION AT APPROXIMATELY 536, 602, 608 AND 690 N.W. 57 AVENUE AND 601, 605, 611, 631 AND 641 N.W. 57 COURT FROM C-2 LIBERAL COMMERCIAL AND R-1 SINGLE-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL; FURTHER INSTRUCTING THE CITY MANAGER TO SCHEDULE SAID TWO ISSUES FOR THE COMMISSION MEETING CURRENTLY SCHEDULED FOR MARCH 27, 2003. 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 Gonzalez: Mr. Attorney, your mike's off. Mr. Fernandez: Thank you. 10. INSTRUCT MANAGER AND CITY ATTORNEY TO NEGOTIATE AGREEMENT WITH SARMIENTO, INC. TO PROCEED WITH INSTALLATION OF BUS BENCHES THROUGHOUT FIVE COMMISSION DISTRICTS. Commissioner Gonzalez: OK, Sarmiento. Chairman Winton: OK, Commissioner Gonzalez, you're still recognized. Commissioner Gonzalez: OK, could you, could you please let me know and I'm sure there's some other members of the Commission that want to know exactly what is going on with the bus benches? We have been dealing with the bus benches in the City of Miami that I can remember, our decision was made I believe it was July last year. Pretty soon we're going to have July here again and we're still playing around with the contract and with your money and your investments and with the City (UNINTELLIGIBLE) don't have decent benches. The only objection that we have was from the neighborhood of Commissioner Johnny Winton, that they were supposed to have additional meetings so they have the opportunity to select the benches that they wanted to have in their neighborhood which is good, which is the way that they should be. I believe that we already had those meetings, did you? Chairman Winton: Well, plus it had nothing to do with the rest of the City. Commissioner Gonzalez: Exactly, but that was the problem and it was being taken care of. Now, the concern is what happened with the benches and the rest of the City. Commissioner Teele and I were screaming for benches for I don't know, I don't know how many months OK. When the argument started with a different type of benches, Commissioner Teele and I said all we want is bus benches where people can sit and wait for the bus, for their bus at 5 a.m. in the morning, so they can go to work. The process has started, it was stopped, then they started with a set of benches that we, the Commission, approved as the benches that were suppose to be installed in the City of Miami with the exception of any Commissioner that had a problem with that design of benches, but that was the benches that were approved. I understand if you got those benches, started to install those benches and then you was stopped and you were told to change the benches, so you went to the barbecue benches OK, where people were sitting on the benches and were being barbecued. You were killed by the press, all the blame was put on you which in fact it was not, and I'm saying this because I took care of every Hispanic radio program that I went to and made sure that I saved your reputation because it wasn't fair what they were doing to you. Someone in-house made a mistake and then they want to blame it on the company OK, and that was not fair. After so many meetings, we went back to the original benches. That last time that I heard about benches we made a decision that the benches were going to be installation Commissioner Sanchez, Commissioner Teele, Commissioner Regalado and my districts, and Commissioner Winton was going to have his community meetings to decide what design and color bench they wanted. I don't know what is going on, but I know there is some problems. When you're not making the money that you're supposed to be making in order to continue to install the benches. The installation of the benches has been interrupt I don't know how many times and what I'm perceiving here is an unfair treatment with a company that is from outside the U.S., a foreign company OK, that if it were probably another company we would be doing everything possible to please them and to make sure that they continue doing business with the City of Miami, and Mr. Manager, I'm very concerned about this. I told you yesterday and I'm going to say it very clearly in the record. I don't think the way that this company has been treated is unprofessional, it's unethical and it's a right way to do business with anybody and that is not the image that I think that we the Commission want (UNINTELLIGIBLE) to every company that may be interested to come to the City of Miami and do business with the City of Miami, so I'm requesting you, sir, to please look into this matter, make sure that these people are accommodated according to the contract that they signed and that we approved and that they are able to finish providing the service that they were hired to do and that the City look they way they should look a professional City that is drive by a professional staff, with a professional Manager, with a group of Commissioners and a Mayor that's a decent person that like to honor the contracts that the City go into. Thank you. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: I want to echo most of the things that Commissioner Gonzalez said. I don't know about unethical stuff, but I do think it's extremely frustrating when you represent a district like Angel represents and I represent, where people are truly transit dependant. The most disgusting kind of conversations and we all have to sit and listen to everybody because every citizen has their right. This Commission has heard hours of testimony of people who don't want bus benches in their neighborhood and that's their right but all those people have Mercedes and BMW's and they have cars. There are people in Angel's district and my district who are truly transit dependant. Northeast 2nd Avenue, Northwest 2nd Avenue, there are virtually no bus benches. Throughout Little Haiti, throughout the Edison area, there are no bus benches. You can drive down that street from 6 in the morning till 9 in the morning and see people standing there in the grass in the swale area, no bus benches. The discussion just so that it's clear, was that somebody in the Planning Department or somebody in transportation, somebody got the idea of designing the bus benches here in the City of Miami. Where that came from, God bless them, but that's another story. They were saying that the bus benches were too hot. Angel said give me the bus benches, the hot ones in my district. I said, give me the bus benches in my district. We just need bus benches and we need them deployed. Now the fact is, if we were Aventura -- if you go to Aventura Johnny, and that's what your district should do. Your district should take an option out of the -- (UNINTELLIGIBLE). I'm not recommending. I'm just saying it, say quality of life. You don't want paving bus benches, fine. Aventura has no signs on their bus benches. They pay for them out of the general fund. We don't have that luxury. Chairman Winton: Actually, they're bus shelters, all of them. Vice Chairman Teele: They're bus benches and bus shelters and their architecturally beautiful and there is nothing wrong for taking that approach. We've taken the approach of advertising. Now, we're frustrating -- and this is where I agree with Angel -- we're frustrating the provider of the buses though all these legal and policy rigmaroles about the advertising. We knew what the advertising was. The advertising's not surprising anybody. We heard at nauseum from the people from upper eastside and the people from Cocoanut Grove whom I respect, who didn't want advertising, which I support; but I don't care about the advertising. We just need bus benches and I want to join Angel, my colleague, in urging you, Mr. Manager, whatever's got to be done, to work with the City Attorney, and let's get these bus benches, with the advertising deployed for the truly dependant. We've taken an aggressive approach with the half penny sales tax for transit. We've got a lot of things coming online. The least we can do is do our part in the City and so I just want to commend Commissioner Gonzalez and support what he's saying. We need bus benches for the transit dependant in District 5. Anywhere you can find buses, we need bus benches. Chairman Winton: Anyway, actually Commissioner Teele, in all fairness, we have to have them in District 2 too, because their coming into District 2 to go to work, and so this argument (UNINTELLIGIBLE) ain't flying with me and so, we're going to get bus benches everywhere. OK, Commissioner Regalado. Commissioner Regalado: Thank you, Mr. Chairman. I was doing my TV (television) program and I opened the phones about four or five weeks ago and there was this lady crying because of her husband has just suffered a stroke. The doctor said that he suffered a heat stroke and had to be hospitalized. As a matter of fact, they live in your district, Johnny, they live in the public housing building in US -1 and 37th Avenue. Every Saturday they used to go to the flea market to buy some of the produce and all that and they have to take the bus, because they do not have cars, and all of a sudden the City came and took the old bus benches, so the man had to stand there in the sun -- Chairman Winton: And didn't replace them, by the way. Commissioner Regalado: -- and didn't replace them, no. He had to stand there for an hour and fifteen minutes till he fainted. Rescue came; took him to Coral Gables Hospital, and the guy suffered a stroke, and then she said, what are you going to do about it? Why you took away my bus benches and my husband almost died? So, I couldn't explain to her that we approved some kind of benches and then some rocket scientist decided to have the same type of Champs d'Elise and did create this mess. Having said that, I want to say that in Coral Way they have placed beautiful wooden bus benches but we have a problem. See, in Coral Way and 23rd Avenue there's two bus stops, one each across the street. Now, for more than two months we have the new bus benches without advertising. I think that they're in the process of sorting this out, but across the street, we have the old wooden concrete bus benches with the advertising. Now my question is, if these people are paying for the new bus benches and they're not being allowed to advertise in some areas or this has not (UNINTELLIGIBLE) and then the old company is still is advertising across the street and making money of that bus benches, is the old company paying us? I don't thing so, because those, according to memos, those bus benches were taken away, but that's not the case in Coral Way. They took all the bus benches from Northwest 7th Street. Angel, you got complaints from your side. I got complaints from my side. You got complaints, 7th Street Northwest from 27th through 37th there is not one single bus bench, and the people there do ride buses, so you know, now that we're talking about war, the people that ride the buses, because of one difference between the law department and the company, administration and the changes, they are called collateral damage, marginal casualties you know, because they have to stand in the sun and nobody cares, it's a collateral damage, so I, Mr. Manager, I just wanted to -- well, I think it's about the City Attorney. We need to resolve this so we can have the bus benches and you know, not that I want -- that I don't want people to make a buck, but if the old company is still making money, they should pay the City. Chairman Winton: Commissioner Regalado. Commissioner Regalado: I'm done. Chairman Winton: Can I interrupt for one sec? I've just asked the Manager if he's comfortable bringing back two things to the very next Commissioner meeting. One, steps that he's taken from today to the next Commission meeting in deploying bus benches and secondly, can the time frame for finalizing the whole deployment process for bus benches so that we can all hear that as a plan from him at the next Commission meeting. Commissioner Gonzalez: Mr. Chairman (UNINTELLIGIBLE). Chairman Winton: Yes sir. Commissioner Gonzalez: Before we finish this discussion, this item, I just spoke to Mr. Monzon early in the morning and he has also compromised to work with this company and with the City Attorney and the City Manager in order to find a solution to this problem that pretty soon it's going to become a crisis. It will be crisis when people start calling my office and start complaining, then I have a problem. You know, if my constituents doesn't complain, I have a problem you know, everything — you can take whatever time you want. When my people start calling my office and complaining, start calling radio stations programs, open microphones and complaining and telling us in our face, "What are you doing for us?" Then I have a problem, Mr. City Attorney and it's come to that point, Mr. City Attorney. The problem is we have to make some distinction. The City Attorney works for City Commission. He doesn't work for the City Manager. So, we, Mr. City Attorney, you have to understand the problem that I'm having, the problem that Commissioner Regalado's having and I'm sure the problem that Commissioner Teele is having and I don't know Commissioner Sanchez already has any complaints, but now we have a serious problem. Now, we have to solve the problem. So, I really appreciate it, sir, if by next Commissioner meeting you can have a report and I know, and I pray to God that you know, that the matter gets resolved. Thank you, sir. Chairman Winton: OK, anything else on this item? Simon Ferro: Mr. Commissioner. Chairman Winton: Mr. Ambassador. Mr. Ferro: Good morning and thank you all for having us here for the record, Simon Ferro with offices at 1221 Brickell. I have with me Mr. Guillermo -Victoria, who is director of operations for Sarmiento. First of all, we appreciate Commissioners Gonzalez and Regalado bringing this issue up before the board today. As you know, Sarmiento has been a very, very flexible partner in this contract from day one. We have obviously encountered numerous obstacles that we never thought we'd encounter and that is one of the reasons why you don't see as many bus benches out there. We certainly would prefer to leave the past behind and move forward and we certainly do see with great enthusiasm our ability to be able to sit down with the new City Manager who -- by the way, congratulations on your new (UNINTELLIGIBLE) position; my sympathies and -- Joe Arriola (City Manager): (UNINTELLIGIBLE) condolence. Mr. Ferro: Condolence. I said sympathies. And I would respectfully request that in your request to the City Manager that he review the placement of the bus benches and that he also sit down with Sarmiento and review a number of issues that we have in the past requesting that we go over in fact they have changed -- a lot of things have changed since the day that we entered into the initial contract and there are a number of adjustments that we believe will make the contract much more viable both for the City and for Sarmiento so again we would respectfully request it in your request to the City Manager that you also request that he allow us to meet with him and to address a number of issues that we have addressed with you have copies of -- in your packages. Chairman Winton: Your request is noted. Commissioner Sanchez. Commissioner Sanchez: Mr. Chairman, I'm not going to beat a dead horse to death -- Chairman Winton: Thanks. Commissioner Sanchez: -- so, at this time I would make a motion directing the City Manager to sit down with -- Vice Chairman Teele: And the City Attorney. Commissioner Sanchez: -- and City Attorney and work out all the differences and bring it back to this Commission for whatever they decide. So move. Vice Chairman Teele: Second the motion. Chairman Winton: A motion and 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 Sanchez, who moved for its adoption: MOTION NO. 03-152 A MOTION INSTRUCTING THE CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE AN AGREEMENT WITH SARMIENTO, INC. TO PROCEED WITH INSTALLATION OF BUS BENCHES THROUGHOUT THE FIVE COMMISSION DISTRICTS. 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. Chairman Winton: Thank you very much. Mr. Ferro: Thank you very much. 11. AMENDING RESOLUTION NO. 02-1132, ADOPTED AT THE CITY COMMISSION MEETING OF OCTOBER 10, 2002, RELATING TO THE ALLOCATION OF 28TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FUNDS IN THE CATEGORY OF PUBLIC SERVICES FOR DISTRICT 5, BY DEOBLIGATING FUNDS OF $25,000 FROM HAITIAN AMERICAN COMMUNITY ASSOCIATION OF DADE COUNTY, INC./FOOD VOUCHER PROGRAM AND $25,000 FROM HAITIAN AMERICAN COMMUNITY ASSOCIATION OF DADE COUNTY, INC./AFTER SCHOOL PROGRAM; AND BY ALLOCATING FUNDS OF $200,984 FROM DISTRICT 5 PUBLIC SERVICE RESERVE FUND ALONG WITH SAID DEOBLIGATED FUNDS IN THE AMOUNT OF $15,000 TO CATHOLIC CHARITIES OF THE ARCHDIOCESE OF MIAMI, INC. / NOTRE DAME, $15,000 TO WORD OF LIFE, INC. / ART IN PUBLIC PLACES, $150,984 TO FANM AYISYEN NAN MIAMI, INC. AND $70,000 TO WORD OF LIFE, INC. / WORK EXPERIENCE EDUCATIONAL PROGRAM; AND FURTHER AUTHORIZING THE CITY MANAGER TO ENTER AGREEMENT WITH SAID AGENCIES FOR SAID PURPOSES, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO APPLICABLE CITY CODE PROVISIONS. Chairman Winton: Would y'all like to go to CDBG (Community Development Block Grant) time certain kind of -- Vice Chairman Teele: The items that were noticed for this morning. Chairman Winton: Right. Vice Chairman Teele: And, Mr. Chairman, as a matter of form, I think this Commission needs to determine whether we want to hear CDBG (Community Development Block Grant) items in the morning or in the afternoon. Barbara Gomez -Rodriguez (Director, Department of Community Development): That's right. Vice Chairman Teele: Because I think, realistically -- Chairman Winton: I didn't hear you. I'm sorry. Vice Chairman Teele: I think this Commission, not at this moment, we need to think about: Are we going to hear CDBG items in the morning or afternoon? Because we've noticed it in the paper, and given the fact that one of our colleagues has to leave at around 11:30 and given the fact -- it always creates a problem. I think we would be much better off if we could notice CD (Community Development) items at a time certain, in the afternoon, on a regular basis, like three p.m. And whatever we're doing, we just stop and do it. Chairman Winton: I don't disagree with that at all. I think you're 100 percent. So do you want to move this one to three o'clock? Vice Chairman Teele: Yes, sir. No, no, no, no. This is noticed for 10 a.m. Chairman Winton: Oh, I'm sorry. Yeah. OK. Barbara. Ms. Gomez -Rodriguez: Barbara Rodriguez, Department of Community Development. Item 11 is a time certain. We had it at 10 o'clock. This is -- there's two. Commissioner Teele, you want to hear your item first, Item 12? Vice Chairman Teele: Yes, Item 12 is fine. It's not mine. It's -- Ms. Gomez -Rodriguez: District 5. Item 12, it was the allocation that we put aside for District 5. It was two hundred thousand, nine hundred and eighty-four dollars ($200,984), and it was basically to deal with the "F" schools. Last Commission meeting, Commissioner Teele made it an emergency resolution, that once this item came up under CDBG, if there was any expenditure that the general fund had incurred, we would reimburse the general fund for this item. This is basically a work experience with an educational component in it. And this is basically to do with the high school seniors that were failing the FCAT (Florida Comprehensive Achievement Test). And to give you some history, on Miami Edison, we had 411 seniors; out of which 241 had not passed the FCAT. We presently have been able to enroll 75 students; out of which 20 are from Northwestern and 55 are from Miami Edison. The program has started. Vice Chairman Teele: Both schools are "F" schools. This program was limited, a year ago, to "F" schools. And just, if I may -- Ms. Rodriguez, you're doing well. I want to make sure that the Manager, who has a unique perspective and I think could be a very powerful ally on the next phase of this, needs to be brought fully up -to -speed. Mr. Manager, we get public service dollars, each Commissioner, the City does, and it's petitioned out by district, based upon the relative population and the formula presented by HUD (Department of Housing and Urban Development). Recognizing that my school -- my district has the largest number of "Fs" in the City and, in fact, there are only two double "F" high schools in the state, and that was also in my district, I reserved the use of our CD dollars, public sector dollars, for the staff to develop a program with Miami -Dade Public Schools. Suffice it to say that that program was never developed. They were instructed from August up until now. Finally, the principal of Edison reached out to me and said, "Look, we need help." We checked back with the Miami -Dade headquarters. They said everything's fine. Everything's going on great. The fact of the matter is, is that we have an unacceptable number of seniors, about 50 percent, or on track now, will not receive diplomas. I don't even need to tell you what that's going to do to our criminal justice system, to our -- to the overall community. And in that regard, the picture is even grimmer for 11th graders coming forth. Ninety percent, at this point, have not passed or on track not to pass. The last test before graduation will be administered the first week of March. And so, for the last three weeks, the staff and some community-based organizations have been working around the clock with the principals of Edison and their staff and Northwestern to try -- and with the students, most of all -- to enroll them into what we're calling a unique program that's modeled after the Stay in School Program. But the program was really designed by the principals and the professionals, who said the number one factor that they -- that the students need are a way to have mentoring and have after school, but to receive some encouragement and stipend to do that. Otherwise, they're going to go work in the various stores in the various places. So this program is designed by work experience. I want to say on the record, Joe and Angel, it's my intent to use this model, if it works, as a part of the public service policy for this coming year, to expand the program in the district and to go out and try to get matching dollars from the federal government, from the Department of Labor, and from any other source we can. It's my goal to try to have a two million dollar ($2,000,000) program next year. Because I'm uncomfortable with the fact that we're in here doing education, but at the same time, if we -- we cannot allow these kids to fail and to be then out on the streets without a degree, without a diploma, and with literally being not prepared to deal with reality as it is today. And so, it's an eligible and an appropriate use for the funds. Many of our district colleagues, Mr. Manager, use these dollars to subsidize and to support feeding of the elderly and other such programs. I've restricted our program away from that, and tried to put our program into the youth, particularly in the Model Cities and Little Haiti communities. And I wanted to say that to you, Mr. Manager, because of your background with the school board. I think you could be a real ally in expanding this program. Joe Arriola (City Manager): Obviously, you know my passion for education. And I want you to know the best part about this program is that you've gone directly and worked with the principals of the school, instead of going through the mess in downtown. And I think that every -- the focus in all this should always be directly with the school and directly with the principals, who would utilize the money correctly to improve the education of our kids. And I'll work very hard on it. Believe me. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: Directly back to the Manager. Your point of working with the principals is what has worked in this program, or what we have found as the missing link. Before our staff was dealing with the school board staff, we were literally told -- I was literally told six weeks ago by high-ranking officials that these schools are fine. They don't need it. Mr. Arriola: Wow. Vice Chairman Teele: Everything's under control. Literally. Mr. Arriola: Wow. Vice Chairman Teele: Literally. Not figuratively. I was literally told that. Chairman Winton: Well, it seems to me you ought to put the name of those people on the record. I mean, that's ridiculous. Vice Chairman Teele: I don't think -- I mean, I think what's ridiculous is the fact that we have got schools in this City, the poorest city in the nation, that have 50 percent of the graduating seniors graduating without a high school diploma. These students are going to be crippled for life, and a lot of it has to do with the fact that many of them are immigrant students, they don't have families that understand America as we understand it, and it's a learning curve. Chairman Winton: Right. Vice Chairman Teele: And no question, in time this will solve itself. But for the next five or six years, we've got a real problem, and we've got to step in and intervene. Chairman Winton: Right. Mr. Arriola: On your point, Commissioner. My experience, I worked with a double "F" school personally for the past two years, and when we talk about money absorbing all the causes, that's incorrect. Through the Annenberg's Challenge, we put two hundred thousand dollars ($200,000) in that school, and that school, in the first year, went from a double "F" to a "B" school and on its way to be an "A" school. The composition of the student body is probably 50 percent Haitian, 40 percent Afro-American, and then 10 percent from all over the immigration groups. And we went from a double "F" to a "B," on its way to an "A" because we empowered the principal -- we gave the money to the principal and we created programs. So I believe you're on the right track, and we could really make a change. Chairman Winton: That's why I've been saying for three years now that the step we need to take as a City, the step we need to take as a County is to blow up the Miami -Dade County Public School System and start over. And I know we have to go to Tallahassee to get it done, but my view is, we ought to have multiple school districts with the right kind of boundaries created in this City to create competition for dollars and students. Vice Chairman Teele: Blowing up is as terrible -- is a dangerous analogy. Chairman Winton: Well, it's a very bad term, right. Vice Chairman Teele: Given the last message from the Middle East. Chairman Winton: Yes, poor choice of words. Vice Chairman Teele: But to divide up the district -- Chairman Winton: Right. Vice Chairman Teele: -- I think, you know, at some point, we should instruct staff to study this and to come up with a recommendation. I would strongly support dividing up the school district, because you can't take a one -size -fits -all. This community is too diverse. The district is too big. Chairman Winton: And just look at the boundaries that they've created for using impact fee dollars. I mean, it's total insanity. I mean, so the system just needs to be totally -- what's a better term? Commissioner Sanchez: Reorganized. Chairman Winton: Yeah, completely reorganized. Broken up into more manageable pieces. How's that? Mr. Arriola: There is presently a lot of conversation up in state. The folks at the Annenberg's Challenge, who have, to me, discovered the formula of improving our school system by empowering the principals. And there's a tremendous ground swelling movement to precisely do that, and I'd be delighted to lead that. You know my passion for it. Chairman Winton: Great. We're going to work on that then together. Yes, sir. Commissioner Gonzalez. Commissioner Gonzalez: I agree 100 percent with Commissioner Teele. And let me tell you. You are familiar with the School Board. I was watching a meeting of the School Board yesterday -- last night, as a matter of fact. My daughter is about to graduate to become a teacher. And what I was seeing in that meeting was so disgusting, to see teachers that had been teachers for 28 years and for 27 years, Afro-American teachers, Cuban teachers, Hispanic teachers, Anglo teachers, that they were crying because of the salaries they're making, the deductions that they're getting for their health insurance, and they're so frustrated. And you know what I did? I called my daughter. She was studying. I said, leave the book alone. Come and sit here. I want you to watch this meeting. I said, "You know what. I love you with all my heart. I'd do everything that I have to do to make sure that you advance in life. I want you to drop this career. I don't want you to become a teacher, because I don't want to see you in this position, OK, ten years from now." It's a total disaster. What is going on in those schools -- when you have teachers that have such frustration and they feel so bad about their careers after 27 years, when they should be proud to have the career that they selected, you know, that sends a very strong message. Chairman Winton: Commissioner Teele, did you make a motion on -- Vice Chairman Teele: Well, what we need is a public hearing, and I think the public hearing is on Item Number 12. And if I could, Mr. Chairman, I'll help you by reading into the record Item Number 12 includes recommendations for CAMACOL (Latin American Chamber of Commerce) -- well, CAMACOL's number 11, right? Ms. Gomez -Rodriguez: That's 11. Vice Chairman Teele: Catholic Charities. This is the redistribution of already -allocated dollars as out — de -obligating and obligating as a recommended distribution. Catholic Charities, Notre Dame 15,000; Word of Life, Art in Public Places, 15,000 -- how do you say it? Ms. Gomez -Rodriguez: Fanm Ayisyen Nan Vice Chairman Teele: Fanm Ayisyen Nan, $150,984 and Word of Life Educational, $70,000. I would so move -- no, no. I'm reading into the record for the public hearing. Any person -- Chairman Winton: This is a public hearing. Anyone from the public would like to speak on Item Number 12? Anyone from the public? Commissioner Regalado: Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Regalado: Just to make sure, Barbara, on District 4, we are transferring -- Commissioner Sanchez: That's Item 11. Ms. Gomez -Rodriguez: That's Item 11. Vice Chairman Teele: That's Item Number 11. Chairman Winton: Yeah, we're on Item 12 right now? Commissioner Regalado: Oh, we're not there yet? Chairman Winton: No. Ms. Gomez -Rodriguez: No. Commissioner Regalado: OK. Chairman Winton: OK. Anyone from the public would like to -- yes, ma'am. Need your name and address for the record, please. Connie Martinez: Yes. Good morning. My name is Connie Martinez, and I'm Assistant Principal at Miami Edison Senior High School, 6161 Northwest 5th Court. I brought some students that are taking advantage of the opportunity that Commissioner Teele has actually established at Miami Edison Senior, and this is a great initiative and it's just only the beginning. The Annenberg's Challenge, which I'm also very familiar with, it's a great grant, which perhaps can -- in fact, could be implemented at Miami Edison, but we have not been fortunate because, for the most part, in the past they have implemented it with other senior high schools. And unlike elementary students, as Commissioner Teele said, a lot of our students are immigrant students and they, perhaps, have only been here a couple of years in the country and, yet, they have to take the FCAT (Florida Comprehensive Assessment Test). They have to pass the FCAT to graduate. And with two years of English as a second language, it's very difficult for them to master all of the standards that they're required to do on the FCAT. So this is an excellent initiative that Commissioner Teele has taken, and we're very, very pleased. And we highly recommend the board to make sure that this is passed, and it's something that we could continue in the future. Thank you. Mr. Arriola: By the way, I had no idea that Annenberg had not helped you, but now that I sit on their board, I want to make you guys get some help from them. Ms. Martinez: Thank you. Chairman Winton: Here, here. Any of the students would like to comment? Please come forward. Vice Chairman Teele: At least just give us your name and address for the record. Chairman Winton: Right. And good morning. Vice Chairman Teele: And good morning. Mercy Pericles: Good morning, Commissioners. My name is Mercy Pericles. I attend Miami Edison Senior. I'm a senior. I live on 344 Northwest 59th Terrace. I stay right behind Edison. And I need to pass the reading portion of the FCAT. I missed it by five points. And I think it's a great opportunity that our Commissioner Teele is doing for us, because some of our seniors have to have jobs to support their families and stuff to help out. And I really think it's a good idea because now they have a way of getting -- coming to tutoring to take that FCAT. Now they don't have the excuse of saying, "Oh, I got to help my mother to pay bills." But now Commissioner Teele has brought the program to help us. So now the number -- and you can come see for yourself -- the number of students that are attending tutoring is like whoa. It's like we don't have -- it's used to be all like five people in tutoring. Now we need more teachers to come help us out in tutoring. So I want to tell you guys thank you very much for bringing this opportunity. I would love for you guys to continue this opportunity, because you have heard our juniors -- we need -- a lot of them need to pass the FCAT and they really need the help and support from you. Thank you very much. Vice Chairman Teele: Thank you. Chairman Winton: Thank you. Yes, sir. Your name and address, please. Good morning. Sonny Jean -Baptiste: Good morning. My name Sonny Jean -Baptiste, and I'm from Miami Edison Senior, and I'm a senior this year. And what my -- Chairman Winton: Sonny, could we get your address, please? Mr. Jean -Baptiste: Well, I stay in 139 Northeast 63rd Street. Chairman Winton: Thank you. Mr. Jean -Baptiste: My part -- my problem is, I had put aside school for awhile, so I chose to come back. Now that I came back, I made up all my grades. I got to this level where now I'm about to graduate, but there's one step that I have to take before graduation. That's the FCAT. So I passed the reading. I didn't take the math, but I feel like this is a good opportunity, not for just myself, but for my fellow students, because basically, after school we don't really do nothing. Some people don't do anything. But now there's no excuse. Now you're getting paid to come to tutoring. It's not all about the money, but that's something that's pushing us forward so we can accomplish a goal. Maybe one day I could sit on the same board as you, but without the FCAT, I can't -- Vice Chairman Teele: What district you live in? Mr. Jean -Baptiste: Excuse me? Well -- Chairman Winton: He's moving into District 2, Commissioner Teele. Vice Chairman Teele: We just all wanted to make sure where you're going to be running to. Mr. Jean -Baptiste: Well, I really thank you, Commissioner Teele, because this is a great opportunity, not only for myself but for the upcoming students. Vice Chairman Teele: Thank you. Mr. Jean -Baptiste: So -- Chairman Winton: Thank you very much. Mr. Jean -Baptiste: I appreciate it. Vice Chairman Teele: Thank you. Chairman Winton: Thank you. Next. Don't be bashful. Come on up here. We're waiting. Mr. Jean -Baptiste: Thank you. Chairman Winton: Next. Don't be bashful. Come on up here. We're waiting. Jennifer Rolle: Hi. My name is Jennifer Rolle. I attend Miami Edison Senior High. I stay on 111 Northwest 53rd Street, and I'm a senior. Well, all I have to say is -- I really have a question to ask. You listening? Vice Chairman Teele: Yes, ma'am. Yes, ma'am. Ms. Rolle: OK. Why does seniors period have to take the FCAT to graduate, when teachers can't really pass it? Or understand the test or even to show us how to actually -- Commissioner Sanchez: That's a question for the School Board. Chairman Winton: Well, it's a state requirement. You know, it's -- Vice Chairman Teele: It is required by the state, but it really is a kind of thing that I would urge you, after you've passed the FCAT, to go down to the School Board meetings and to put these kinds of questions to them. I think the School Board really needs to hear more from the students and the parents about this, and not just when there is a crisis. But there is some -- there are some legitimate questions that need to be asked. But the answer to your question is, it is a Florida state requirement mandated by the Governor and the legislature. Chairman Winton: And -- Ms. Rolle: OK. I -- Chairman Winton: Excuse me one moment. Frankly, Commissioner Teele, I was thinking about an answer for that question before she asked the question, when the first student came up. What we really need to have happen is we need to get a contingent of students and teachers from our "F" schools in Miami -Dade County to go to Tallahassee during the legislative session and meet with individual legislators who legislate this stuff, who also control the budget for the local school district. You go down to that school district meeting, and you might as well be talking to the moon. But when you go to Tallahassee, more of those people are listening. And I think that the principal and assistant principal, I think who is sitting out here, Madam Assistant Principal, I think y'all need to be thinking about how you put together a group of your students and go to Tallahassee during the session and talk about these very kinds of issues to the folks who are doing the legislating, and to the folks who are setting the formulas for distributing money. And you could probably effect some real change up there, if you're working at the same time that we're working to change the way the school system works. I think the impact of having real students up there, that they can look right in the face, in the eyes of, who can explain the kind of issues that we have to deal with in Miami -Dade County, can have a very, very big impact. Vice Chairman Teele: You know, Johnny, it's sort of easy to say, but let me tell you what the reality is real quickly. The principals are under tremendous constraints and restraints. And if the teachers don't do -- I'm sorry. If the parents don't do it -- Mr. Arriola: And fear. Vice Chairman Teele: And I didn't want to say fear, but clearly fear. Clearly fear. Chairman Winton: That is a good point. Vice Chairman Teele: But if the parents don't do it, then it really falls upon us as the advocates for the children in the school. And we are -- we, as a City, have to be the advocates, because when they leave school, they're our -- they're in our parks, they're in our community, they're in our police cars, unfortunately, all too often. And so, we really do have to step in. Now this is the real problem. So many of our immigrant population have parents that are literally out there working two, three and four jobs, and in many cases, they're living with relatives. And in other cases, they have parents that don't really understand the -- America as we know it. And they understand the culture that they come from, so we have a double responsibility. And maybe that's something we ought to look at doing. The Mayor's State of the City speech -- Mayor Diaz's speech, one of the highlights of that speech were City/School Board relationships, and making education a part of the Mayor's platform. It was a great speech. I haven't seen where we, as a City, are really following through on it. This is obviously a step in that direction. But we have to be a little bit more proactive. I understand there's legislation even talking about in Tallahassee -- and Commissioner Regalado, you can correct me if I'm wrong because you're close on this, but this is really important. That there is some talk about allowing cities to take over schools that are failing and do that. Now, let me just say, before anybody says that's crazy and radical -- Chairman Winton: It's not crazy. Vice Chairman Teele: In a lot of states, like in Maryland -- Commissioner Regalado: Commissioner. Vice Chairman Teele: In Maryland, Baltimore -- the Mayor of Baltimore is the Chairman of the School Board District. So, you know, it's a model that really is very open. And I'll yield to Commissioner Regalado because I know -- Commissioner Regalado: Just brief information. As we speak, State Representative Ralph Arza is introducing a bill to allow cities and counties to take over schools that are failing, only by a majority vote of the parents of that particular school. They've done that in Pembroke Pines. Pembroke Pines is already running schools. What used to be a public school is now being run by the Pembroke Pines municipality. And if Representative Arza succeeds this session, then the failing schools will be able to vote, and the City will get all the funding from the State and the County in order to run the school. That's the purpose of the bill of -- Chairman Winton: Well, I can guarantee you we'd do a heck of a lot better job, so -- Vice Chairman Teele: Well, I can guarantee you one thing. It's the kind of thing -- and this is why this public hearing and your comment is such a good comment that comes out of this -- it's the kind of thing that we ought to take to heart and look at legislatively and formulate a position. And you know what, if the City of Miami supports that legislation, that legislation, first of all, is going to have a serious review and discussion, both in the media and in Tallahassee. And that's the kind of thing with the Manager that we have, maybe God knew what he was doing. Mr. Arriola: The Speaker of the House is always very aware -- Chairman Winton: Very. Mr. Arriola: -- of the situation. And I had discussions with him about two weeks, and he said not only is he going to support it, he's really going to be an advocate for it. Chairman Winton: OK. Vice Chairman Teele: Thank you for your comments. Chairman Winton: Yes, ma'am. Ms. Rolle: OK. I have one more thing to say. OK. How come -- OK. We take the test, true enough, but why does it -- OK. Some -- like we have immigrants at our school. Chairman Winton: You have what? Ms. Rolle: Immigrants. Vice Chairman Teele: Immigrants. Chairman Winton: OK. Ms. Rolle: OK. We have immigrants at our school, and some of them can't read English, can't understand English, but they don't have tests for like Spanish, or Creole or anything, but they just have plain English. That's why most of them, they'll pass the math, but they won't pass the reading. That's a problem, too. We need two or three types of tests to go for English, Hispanics, Creole, anybody else that's in -- like immigrants that's at our school that need to know what type of language we're talking about and what we have to do. Vice Chairman Teele: Senator Fredericka Wilson has discussed this particular issue with me. She's preparing some legislation on that. I'll get a copy of that and I'll make it available to your principle. Tallahassee is aware of it. I think you've got some restrictions on the use of languages, other than English, in certain situations, to establish competency in certain areas, or emergency procedures. But I'll look into that and we'll get the answer to your principal. Ms. Rolle: OK. Thank you. Vice Chairman Teele: Thank you. Chairman Winton: Thank you. Vice Chairman Teele: We're going to have to move, Mr. Chairman. Chairman Winton: Yeah. So could -- just real briefly, each of you who want to come up again. Judy Etinenne: Hi. My name is Judy Etinenne, and I currently attend Miami Edison Senior High. My address is 446 Northeast 65th Street. And I have numerous opinions about this test. True enough, I haven't passed the test. This test has given me stress since day one. I can't eat. I can't sleep because of this test. Many of my friends now have dropped out of school because of this test. I can finally walk the halls of Miami Edison Senior High without getting bumped, because it's not crowded anymore, because a lot of kids have dropped out because of this test. I want to know why do we have to take this test to -- Chairman Winton: Well, I think we've answered that. It's a state requirement. It has nothing to do with us. It's a state of Florida requirement. Vice Chairman Teele: It has nothing to do with your principal. Chairman Winton: Every single student in the entire state of Florida has to take this test. That's the answer, whether it's -- Vice Chairman Teele: The discussion today, Ma'am, is really about, do you want the program that we're trying to implement? And it would be important if you would tell us if you want that program, or what is wrong with it or how we can make it better or -- Ms. Etinenne: Yes. This program has a good and a bad side. The good part is that you're helping your parents out with a little money. You have a little change in your pocket. You have somewhere to go. But the bad part is when the kids come and distract other kids from learning. That's where I have a program with this program. Vice Chairman Teele: So, you're saying that there's a problem with kids signing up -- Ms. Etinenne: Yeah. Vice Chairman Teele: -- but really not there to learn? Ms. Etinenne: Yes, that's the problem. And there's the other problem when you have to pay kids to go. You don't have to pay anyone to do what they don't have to -- well, do what they have to do. That's where I feel that this program is wrong, because if you striving to get somewhere, you don't have to get forced to do it. You have to do it on your own. Vice Chairman Teele: Thank you. I want to correct the record. This program is -- thank you very much. Ms. Etinenne: You're welcome. Vice Chairman Teele: This program is not about paying anyone. What the program has is a -- it is a self-contained work experience program. And, Mr. Manager, this is very important because we need more support from the NET (Neighborhood Enhancement Team) Office, both -- especially in Little Haiti. The program is designed that there will be two hours -- is it two or three hours, Barbara? Ms. Gomez -Rodriguez: Two hours. Vice Chairman Teele: Two hours of classroom instruction after school. Then there will be a mandatory -- Ms. Gomez -Rodriguez: Two hours of work experience. Vice Chairman Teele: Two hours of work experience. The work experience is what the CBOs (Community Based Organizations) will be providing, the CBOs that are getting the money, and the administration. The ideas and the work experience, we've already got people working over in the Carrie Meek Culture Center. They'll be working over there. They are also being trained and learning a functional skill, such as sound, make-up, dressing room, et cetera. We've got programs that are established under our citizenship program in the Little Haiti area with some vendors that are providing the service for Miami -Dade County, public service dollars that are working with us. And we need more support from the NET Office in terms of activities that can be carried out -- municipal activities, including activities such as the dissemination of information relating to solid waste, the kinds of problems that we're consistently talking about, as well as citizenship activities that are nonpartisan, but citizenship activities. A lot of them are going to be tutors tutoring people that are in citizenship training in the Little Haiti area, learning who the President is, who the Governor is, going through that. We have a lot of classes over there, and we're making the students at Edison available to those providers as a work experience, so they will be paid for the four-hour block, on a minimum wage basis, utilizing a work experience component. This program is identical to the Department of Labor Stay in School Program, or it's a replica of that. Is that a correct statement? Ms. Gomez -Rodriguez: That's a correct statement. Vice Chairman Teele: So the idea is not to pay people to go to class. The idea is to provide a block of training, and at the same time, to pay people for the work experience of becoming better citizens in the community and, particularly, in helping in many areas of the City or local government carry out municipal functions. Chairman Winton: Commissioner Teele, I'd like to make one comment, though, about the point the young lady made and that is, students that are coming to this program who have no real interest in being in the program, simply there to occupy time and to get the money -- Vice Chairman Teele: To receive the stipend. Chairman Winton: Yes. And I will say to whomever the folks are that are administering this, I think there should be zero tolerance for that kind of behavior. And the tutors -- and that's where this is principally going to come from -- if the tutors are incapable of controlling the environment, then replace the tutor immediately and get a new tutor, who will control the environment so that those kids who are there to learn can learn. And the ones who aren't there to learn, throw them out. And so, I hope somebody's monitoring that. Vice Chairman Teele: Well, we are monitoring -- I'm monitoring it, and the answer will be very clearly delivered today. But I want to be very clear about that. There are two tracks when school is out. The largest track right now is, we are providing support to the school, to the teachers themselves, who are staying after school. And the teachers from the school are providing after-school teaching and counseling. Is that correct, Barbara? Ms. Gomez -Rodriguez: Correct. Vice Chairman Teele: There's a second track where we are providing counselors and teaching offsite, if they want to go offsite. I happen to believe offsite is going to be a lot better in the long run than just doing it there in school. Just because it changes -- it breaks up the monotony. And I see Ms. Ali, who is one of the counselors or tutors, who has a very good program that is involved in this as a subcomponent, and so maybe this -- Ms. Ali, you'd like to just say whatever you want to say and respond to Commissioner -- Chairman Winton's statement. Rasheeda Ali: Yes. Good morning everyone, Commissioners. Vice Chairman Teele: Your name and address. Ms. Ali: My name is Rasheeda Ali. I live at 44 Northeast 51st Street, Miami, Florida. I'm a Dade County Public School teacher, and also I have the privilege of working with the program that Commissioner Teele has brought before us. I want to say that the FCAT testing is one of the biggest controversies in the public school system today. Ms. Rodriguez shared with us the statistics of Edison, 420 -- 411 seniors and of the 411 seniors, 241 have failed the FCAT test. That is one school. But citywide, countywide, in Dade and Broward County, over 5,000 students, seniors, have failed the FCAT test this year in Dade and Broward. Vice Chairman Teele: How many? Ms. Ali: Over 5,000. And as the Commissioner has stated, if these students do not pass the FCAT test, they will not receive high school diplomas. They'll get Certificates of Completion, which, as we all know, is not worth the paper it's printed on. Vice Chairman Teele: It's true. Ms. Ali: One very, very other sad point is that there are seniors who have received scholarships to college, but they failed the FCAT test. If they failed the FCAT test, they do not get a high school diploma, they lose their scholarships. And some of these students have failed by as little as one point. I'm here in support of Commissioner Teele and this program. Not only that it brings to the forefront the need for the program, but also the disparity and the fairness of the FCAT testing, because we do have a large population of Hispanic and Haitian students in our community and there is a language barrier. The good point about the program that we are putting before you today is that we have hired teachers that speak the language of our students that are failing. Because the language barrier is a great barrier, the students have the intelligence, but they have a language barrier in passing the test. It's reading and it's math. And they're mostly passing the math, but they have difficulty with the reading. Another thing is -- I know we -- I have to brief, and I'll go quickly. The young lady says "Why do we have to have the FCAT testing?" Yes, it's mandated by the state, but private schools don't have to take the FCAT test. So if you are privileged to send your child to a private school, you don't have to take the FCAT test. So what is this? Again, we get into some other issues, like discrimination, like fairness, like things that have to go to legislation that the committee can't resolve. The committee can resolve a small issue that Mr. Teele -- Commissioner Teele is putting before you. These dollars that the Commissioner is requesting can close that disparity and that unfairness. You know, let's give our children this money. They can't afford to go to private schools, so they're not exempt from the FCAT. So this will kind of even out the playing field. Chairman Winton: Thank you. OK. We have another item before Commissioner Regalado has to leave, and so thank you all very much. Ms. Ali: Thank you for hearing me and -- Chairman Winton: Just keep up the good work and we'll do what we can. Ms. Ali: Thank you so much. Chairman Winton: Commissioner Teele, you have a resolution -- Vice Chairman Teele: Mr. Chairman, I would like to move Item 12, with amendment. There's one other person, I think. You need to be heard, Ma'am? Chairman Winton: Well, but -- Evelyn Kay Elliot: Yes. Chairman Winton: Commissioner Teele, excuse me. Vice Chairman Teele: It's a public hearing. Chairman Winton: Well, I -- what I -- I can cut off the public hearing. I'm allowed to do that as the Chairman, so -- Vice Chairman Teele: You are allowed to cut off public -- Ms. Elliot: (INAUDIBLE) Just one minute. Vice Chairman Teele: -- public hearing -- Chairman Winton: Please. Ms. Elliot: OK. Thank you. My name is -- Vice Chairman Teele: -- after a person has spoken. Ms. Elliot: My name is Evelyn Elliot. Chairman Winton: Could you come to the microphone, please? Ms. Elliot: My name is Evelyn Elliot. My address 201 West Park Drive, Apartment 106, Miami, Florida. What I want to share with you is my own experience here. Everybody doesn't tell you that you that needed more teachers, and you need to change the criteria to hiring teachers. I was have my (INAUDIBLE) ability to work in the system. I have master's degree in this country and I speak English and Spanish. And also I went to my interview and the recruiter says, you are not eligible to work in the system. Why these people request teachers who speak Spanish and English, when your criteria as (INAUDIBLE) says, you are not eligible? And also, I know when the people -- Chairman Winton: Ma'am, excuse me. Excuse me. Ms. Elliot: Yes. Chairman Winton: We have absolutely nothing to do with who gets hired as a teacher into the school system. Ms. Elliot: OK. Let me -- Chairman Winton: We have almost nothing to do with anything -- Vice Chairman Teele: But that's not on the issue. The issue is, do you support this grant or not? Ms. Elliot: Yes. Vice Chairman Teele: That's the only issue before us. Ms. Elliot: Yes. Chairman Winton: Right. OK. Ms. Elliot: That's what my concern is. We need to change the criteria. We can all support the grant, but also we can change the criteria of the grant. Chairman Winton: Thank you. Ms. Elliot: (INAUDIBLE) been proven. Vice Chairman Teele: All right. Chairman Winton: Thank you. Vice Chairman Teele: Mr. Chairman, I would move Item Number 12. Commissioner Gonzalez: Second. Chairman Winton: We need to close the public hearing. So the public hearing is closed. Commissioner Teele, you're recognized. Vice Chairman Teele: The amendment for the Pilot Life Experience Educational Program for "F" Schools in District 5 as follows: $80,000 of the funds awarded to Fanm must be administered by the Department of Community Development to pay the stipends directly to the students participating in the work experience program. And two, a $10,000 reduction of funds awarded to Fanm to be redirected to the Word of Life for monitoring of the entire program, and Word of Life must work closely with the Department of Community Development in implementation and performing the monitoring functions, and specifically on discipline in the tutorial process. Number three, a hundred and forty thousand, nine hundred and eight -- nine eight four is awarded -- is the total awarded to Fanm, including the eighty thousand for student stipends, which will be administered directly by the Department of Community Development. Eighty thousand is the total awarded to the Word of Life, including the $10,000 for the monitoring of the program. And finally, no contract, subcontract, or grant may be expanded or awarded or contracted in an amount of more than $1,500 without the written permission of the Community Development Office. I would so move. Commissioner Gonzalez: Second. Commissioner Sanchez: Second it. Well, as amended. Chairman Winton: We have a motion and a second. Commissioner Sanchez: As amended. Chairman Winton: As amended. Any other 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. 03-153 A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 02-772, AS AMENDED BY RESOLUTION NOS. 02-878, 02-979 AND 02-1132, RELATING TO THE ALLOCATION OF 28TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FUNDS IN THE CATEGORY OF PUBLIC SERVICES FOR DISTRICT 5, BY DEOBLIGATING FUNDS IN THE AMOUNT OF $25,000, FROM HAITIAN AMERICAN COMMUNITY ASSOCIATION OF DADE COUNTY, INCIFOOD VOUCHER PROGRAM AND $25,000, FROM THE HAITIAN AMERICAN COMMUNITY ASSOCIATION OF DADE COUNTY, INC./ AFTER SCHOOL PROGRAM; ALLOCATING FUNDS IN THE AMOUNT OF $200,984, FROM DISTRICT 5 PUBLIC SERVICE RESERVE FUND ALONG WITH SAID DEOBLIGATED FUNDS, IN THE AMOUNT OF $15,000, TO CATHOLIC CHARITIES OF THE ARCHDIOCESE OF MIAMI, INC./NOTRE DAME, $15,000 TO WORD OF LIE, INCIART IN PUBLIC PLACES, $140,984 TO FANM AYISYEN NAN MIAMI, INC. AND $80,000 TO WORD OF LIFE, INCIWORK EXPERIENCE EDUCATIONAL PROGRAM; AND DIRECTING THAT $80,000 OF THE ALLOCATION TO FANM AYISYEN NAN MIAMI, INC. BE ADMINISTERED DIRECTLY BY THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT FOR PAYMENT OF STIPENDS DIRECTLY TO STUDENT PARTICIPANTS OF THE PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID AGENCIES FOR SAID PURPOSES. 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. 12. AMEND RESOLUTION NO. 02-774, AS AMENDED BY RESOLUTION NOS. 02-879 AND 02-1133, RELATING TO ALLOCATION OF $2,223,400 OF 28TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FUNDS IN ECONOMIC DEVELOPMENT CATEGORY, BY DEOBLIGATING DISTRICT 3 FUNDS, $20,000, FROM RESIDENT'S VILLAGE, INC. (CAPITAL IMPROVEMENT) AND BY TRANSFERRING $40,000 FROM DISTRICT 4 ECONOMIC DEVELOPMENT PILOT PROJECTS RESERVE FUND TO CAMACOL LOAN FUND, INC. Chairman Winton: Item 11. Vice Chairman Teele: Public hearing. Barbara Gomez -Rodriguez (Director, Department of Community Development): Item 11 is basically directing $20,000 from District 3, which was originally awarded to Resident Village Incorporated. They have said that they're not in need of the dollars and directing $40,000, which used to be District 4 pilot project to CAMACOL (Latin Chamber of Commerce) Loan Fund. Loan Fund has been award $800,000. This money, this $60,000, will be for the administration. The $800,000 that they want awarded will be to provide business loans. Vice Chairman Teele: Is there anybody here on this item in objection? Mr. Chairman, I would move the item. Commissioner Gonzalez: Second. Commissioner Sanchez: Second. Chairman Winton: We have a motion and a second. This is a public hearing so, anyone from the public want to comment? Being none, we'll close the public hearing. We have a motion and a second. With no further discussion, 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. 03-154 A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 02-774, AS AMENDED BY RESOLUTION NOS. 02-879 AND 02-1133, RELATING TO THE ALLOCATION OF $2,223,400 OF 28TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FUNDS IN THE ECONOMIC DEVELOPMENT CATEGORY, BY DEOBLIGATING DISTRICT 3 FUNDS, IN THE AMOUNT OF $20,000, FROM RESIDENT'S VILLAGE, INC. (CAPITAL IMPROVEMENT) AND BY TRANSFERRING $40,000 FROM THE DISTRICT 4 ECONOMIC DEVELOPMENT PILOT PROJECTS RESERVE FUND TO CAMACOL LOAN FUND, INC. FOR UNDERWRITING ITS COMMERCIAL LOAN PROGRAM FOR THE 28TH PROGRAM YEAR BEGINNING OCTOBER 1, 2002; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID AGENCIES FOR SAID PURPOSE. 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. RELATED TO MIAMI RIVER DAY, TO BE HELD AT JOSE MARTI PARK ON APRIL 5, 2003; AUTHORIZE WAIVER OF FEES AND PERMITS FOR PROVISION OF IN-KIND SERVICES FROM DEPARTMENTS OF POLICE, FIRE -RESCUE, MUNICIPAL SERVICES, SOLID WASTE, AND PARKS AND RECREATION, $6,000; ALLOCATE FUNDS FROM SPECIAL EVENTS ACCOUNT. Commissioner Gonzalez: Where are we going now? Chairman Winton: Back to blue pages. Commissioner Gonzalez, were you completed? Commissioner Gonzalez: I'm done. Chairman Winton: Commissioner Sanchez. Commissioner Sanchez: I have one item that actually I didn't put on your blue pages -- Chairman Winton: All yours. Commissioner Sanchez: Thank you, it's a resolution related to the Miami River Day to be held at Jose Marti Park on April the 5t 2003, and basically what this resolution asks is authorizing the waiver of all fees and permits permissible by law to the provision of in-kind services in the amount not to exceed $6,000. So move. Vice Chairman Teele: 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 Sanchez, who moved for its adoption: RESOLUTION NO. 03-155 A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO THE MIAMI RIVER DAY, TO BE HELD AT JOSE MARTI PARK ON APRIL 5, 2003; AUTHORIZING THE WAIVER OF ALL FEES AND PERMITS PERMISSIBLE BY LAW FOR THE PROVISION OF IN-KIND SERVICES FROM THE DEPARTMENTS OF POLICE, FIRE -RESCUE, MUNICIPAL SERVICES, SOLID WASTE, AND PARKS AND RECREATION, IN AN AMOUNT NOT TO EXCEED $6,000; ALLOCATING FUNDS FROM SPECIAL EVENTS ACCOUNT CODE NO. 001000921054.289;" CONDITIONING SAID AUTHORIZATIONS UPON THE ORGANIZERS: (1) OBTAINING ALL PERMITS REQUIRED BY LAW; (2) PAYING FOR ALL OTHER NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (3) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER; AND (4) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER. 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. 14. DIRECT CITY ATTORNEY AND CITY CLERK TO DRAFT LEGISLATION THAT REQUIRES EACH COMMISSIONER BE AFFORDED MEETING WITH PROPOSED CANDIDATES FOR EXECUTIVE DIRECTOR POSITIONS IN CITY AGENCIES OR CONFIRMATIONS OF APPOINTMENTS TO BOARDS PRIOR TO COMMISSION CONSIDERATION; CITY CLERK TO COORDINATE MEETINGS BETWEEN EACH COMMISSIONER AND MR. GUY FORCHION, PROPOSED EXECUTIVE DIRECTOR OF VIRGINIA KEY BEACH PARK TRUST Chairman Winton: Commissioner Regalado, do you mind, I have people here on my item C. Do you mind if we take that? Commissioner Regalado: No, sir. Chairman Winton: OK. Commissioner Regalado: Mr. Chairman, can we do mine then in the afternoon? Chairman Winton: Yes sir. Commissioner Regalado: OK. Chairman Winton: Great. This is the approval of the appointment as Executive Interim Director of the Virginia Key Beach Park Trust -- Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: I want to take this opportunity to say two things to you as Chairman. The legislative responsibility that we have are limited and by the framers of the constitution. That's intentional; however, one of the duties that we have is to confirm certain appointments. I was very frustrated in the manner in which you attempted to move the confirmation of the City Manager and I was frustrated because when you go back and you read the transcripts of Commissioner Plummer, your predecessor, he did the identical thing three times, or tried to, three times and that is to have no discussion about something that's very important. I wrote the ordinance that created the Virginia Key Trust. I'm scheduled to meet with the proposed Executive Director on tomorrow. It's on my schedule for tomorrow. This item will be deferred until I've had an opportunity to meet with, as a framer of this ordinance, but I think it's a really important issue. We as a Commission must take seriously our responsibility on confirmation of people. You did a great job in the selection of the DDA (Downtown Development Authority) Chairman and I commend you. You did a great job in my opinion although I didn't like the gentleman per say, and I just started to work with him, but I've learned that this guy is a brilliant guy and again it's a credit to your work -- at the gentleman at MSEA (Miami Sports and Exhibition Authority) and I know Angel may have a different view, but the fact of the mater is, it's not a dig at you, Johnny. You're serious about it, but everybody doesn't have the opportunity that you have and bringing things before this Commission is a deliberate effort to ensure that the Commission individually and I'm going to pass (UNINTELLIGIBLE) and ordinance Mr. as a result as to what's going on now not today but what this undercurrent that could develop, Mr. Attorney. I want an ordinance that requires that each confirming official must be afforded the opportunity to have a meeting prior to the matter being set for a vote not set for a meeting but set for a vote, and if we don't choose to do that then fine, but whether it be MSEA or Bayfront Trust or the CRA (Community Redevelopment Authority), this is the -- Model City Trust -- we need to take our duties because what happens is we're responsible no matter what happens, and so, I have a high degree in confidence in Mr. Forchion. I knew him when he worked in Washington. I worked for Congresswoman Meek, but I want to understand exactly what some of the concerns are and the work schedules because I put my neck out on the line. It was me, not you, to get the money for the sewage. I want to know where is that sewage dollars going. They said that they'd have it obligated within 30 days. Well, I checked with Public Works. There's not even a request for the obligation of those monies. Remember we took -- what was it $700,000 out of the -- you know, and it was a lot, of you know, gnashing of teeth, and I want to make sure that whoever's coming into this Virginia Key Trust that we get this thing straight. Not from the Trust Board point of view but from the Board of Commissioners point of view that has to approve their budget etc. So, respectfully I'm asking that the item be deferred until the next meeting and I ask that Mr. Fortune would take the opportunity to meet with each Commissioner that would like to meet with you. Chairman Winton: And I don't have, I think that as a concept is a good concept because it does give each of us an opportunity to talk to people ahead of time and have a clear understanding, which is much more difficult to do up here I mean, it's virtually impossible to get done in this environment so, I think the idea is a good one and Commissioner Range and Mr. Forchion, I hope that -- I appreciate y'all coming down. I think that the Commissioner's idea is really a good one and we will defer this item and I would ask that you set up, work to set up and get -- but here's another point -- Vice Chairman Teele: I'm meeting at 2:30 tomorrow. Chairman Winton: OK, fine, but here's another point about it. Many of us sometimes are hard to get a hold of so I hope that we instruct out staffs always to give them an answer yes I want to meet, no I don't want to meet or I'm simply not going to have time enough to meet, so that they don't get caught in this endless round of trying to -- Vice Chairman Teele: And I think that the Office of the Clerk should be appointed in delegating Mr. Attorney. The office of the Clerk to ensure that the opportunity is afforded. There's no requirement to meet, but at least there's a documented opportunity for all confirmations that are coming forth. Especially is the Off -Street Parking, which I would also like to defer for the same reason because Off -Street Parking is more important to Angel Gonzalez's district and my district than anything else that goes on in this City. Chairman Winton: OK, so, we will defer, what is this? Oh, my blue page C so, Mr. Forchion, thank you very much, and you'll -- Guy Forchion: Thank you, Mr. Chairman. Chairman Winton: Thank you. Commissioner Gonzalez: Mr. Chairman -- Vice Chairman Teele: Mr. Chairman, I'd move that Item Number 20, which is the Off -Street Parking board -- Chairman Winton: Hold on, Commissioner. Yes, sir, Mr. City Attorney. Alejandro Vilarello (City Attorney): So, the date specific to the 27th or March 13th meeting? Vice Chairman Teele: For the 27th Chairman Winton: Yeah the 27th, the very next Commission meeting. 15. CITY CLERK TO COORDINATE MEETINGS BETWEEN EACH COMMISSIONER AND TWO NOMINEES FOR MEMBERS OF OFF-STREET PARKING ADVISORY BOARD, ARTHUR HERTZ AND MARLON HILL. Vice Chairman Teele: Mr. Chairman, I would move that Item Number 20, the confirmation of Mr. Hertz be to the Off -Street Parking Board be deferred to the 27th with the same request of the Clerk to coordinate a meeting of those Commissioners that would like to meet with him. Commissioner Gonzalez: Second. Chairman Winton: Motion and a second. Discussion? Being none, all in favor, "aye." Commissioner Regalado: Aye, but Mr. Chairman -- Chairman Winton: Yes sir. Commissioner Regalado: -- but I have a request also from the board from the Off -Street board not only Mr. Hertz, but they need to also the confirmation of Mr. Marlon Hill because there have been two resignations in the Off -Street board so, I guess that Art do you have a quorum now, or - Art Noriega (Executive Director, Off -Street Parking Authority): Yeah, we do have a quorum. We're down to three members. Vice Chairman Teele: Two weeks won't kill you, will it? Mr. Noriega: No, we don't have a meeting till then anyway, but I mean, we could wait two weeks. What's the specific -- Commissioner Sanchez: It's to have the appointee meet with all the Commissioners. Here's the concern that I have. Mr. Noriega: OK. Commissioner Sanchez: We have to be available to meet with them. I mean, you can say hey meet with us and they hunt us down -- Vice Chairman Teele: Once the Clerk certifies that they made an effort to meet with you, you've lost your right to object. Commissioner Sanchez: OK, that documentation has to be -- Vice Chairman Teele: Yeah and that's why I say put it on the Clerk's office because that's who should be coordinating confirmations anyway. Mr. Noriega: So, we're coordinating a meeting through the Clerk's office or directly with each individual -- Vice Chairman Teele: Through the Clerk's office. Mr. Noriega: The Clerk's Office. Commissioner Regalado: Art, before you go, so, make sure, on the 27th not only we have Mr. Hertz confirmation, but Mr. Hill -- Mr. Noriega: Yes. Commissioner Regalado: -- so we have two -- Mr. Noriega: Correct. Commissioner Regalado: -- board members to confirm. Chairman Winton: OK, so, and Mr. Hill is on the Off -Street Parking? Vice Chairman Teele: Well, that's what we're learning for the first time now. Chairman Winton: It isn't here. Mr. Noreiga: The board met in our special meeting. I asked Commissioner Regalado if he wouldn't mind -- Chairman Winton: Oh I see. Mr. Noreiga: -- they met at a special meeting yesterday -- Chairman Winton: OK. Mr. Noreiga: -- and appointed Mr. Hill a replacement to Shalley Jones. Chairman Winton: OK. So, y'all need to follow the same process with each of those. Is that not correct? That is your request, isn't it, Commissioner Teele? Vice Chairman Teele: Yes, that is. Chairman Winton: OK, fine. Vice Chairman Teele: And it also would be my request that both of those individuals appear before the Commission at a time certain to be established by the Chair for the confirmation. Chairman Winton: Anytime time certain work for y'all? Mr. Noreiga: Next meeting generally both of those individuals appointees I'll coordinate with them but generally in the afternoons are usually better. Chairman Winton: Afternoon better so, did we just -- how about 3 o'clock? Mr. Noreiga: That's fine. Chairman Winton: Fine. OK. 16. (a) TABLED: PROPOSED RESOLUTION ACCEPTING MANAGER'S RECOMMENDATION APPROVING FINDINGS OF EVALUATION COMMITTEE PURSUANT TO RFLI NO. 02-03-032, THAT MOST QUALIFIED FIRMS TO PROVIDE INSURANCE BROKERAGE SERVICES IN RANK ORDER ARE: (1) BROWN AND BROWN, INC., (2) SUMMIT GLOBAL PARTNERS, INC., AND (3) ARTHUR J. GALLAGHER AND COMPANY. (b) AUTHORIZE MANAGER TO ACCEPT CONVEYANCE OF 4,769.10 SQUARE FEET OF COUNTY -OWNED PROPERTY, LOCATED AT 362 NORTHWEST 11TH STREET, FOR EXPANSION AND ENHANCEMENT OF ATHALIE RANGE PARK. Chairman Winton: I would like to remove CA -10 from the CA agenda, the regular agenda and there are people from out of town here so, I've been asked if we would bring CA -10 to the floor right now Mr. Manager, CA -10, this is y'all thing, this is on the insurance --I Joe Arriola (City Manager): The insurance, yeah, I'm sorry. Alejandro Vilarello (City Attorney): Mr. Chairman, it was pulled from the consent agenda because there was a bid protect. The bid protest was considered by the procurement officer, reviewed by my office and the Manager has denied the appeal the bid protest and so it was pulled from the consent agenda for your consideration of both the protest and the award. Commissioner Regalado: Mr. Chairman, I won't be able to vote on this, nor to participate on this. I really have to go now. Chairman Winton: So, would you rather move this to afternoon, Commissioner Regalado? Commissioner Regalado: I would because -- Chairman Winton: Fine. Commissioner Regalado: -- I want to understand this. Chairman Winton: No problem, I understand so -- Commissioner Sanchez: Could it be time certain first item when we -- Chairman Winton: Yeah we can take -- we'll take it up as first item when we come back from recess, which is 3 o'clock. I'm assuming y'all want to come back at 3. Commissioner Sanchez: I would like to get out of here at 3. Chairman Winton: Well that means we'll have to come back at 2 to get out of here at 3. Vice Chairman Teele: 2:30. Chairman Winton: 2:30? 2:30, going once, going twice, sold, 2:30, so we will reconvene at 2:30 and we will take this item up then at 2:30. OK -- Vice Chairman Teele: Mr. Chairman, I'm going to have to leave with Commissioner Regalado, not with him, but at the same time. I have a -- Commissioner Regalado: I'll take you. Commissioner Sanchez: Well -- Chairman Winton: OK. Commissioner Sanchez: We can continue except, is there any items that you would -- Chairman Winton: Y' all mind if we continue on with the agenda? Vice Chairman Teele: No, I don't. Chairman Winton: Fine -- Commissioner Sanchez: That's good. Chairman Winton: -- we will. Commissioner Sanchez: Let's go. We'll get out of here by 3 now. Chairman Winton: Commissioner Gonzalez, we need you if we're going to continue on with the agenda. Commissioner Sanchez: We need Angel, Commissioner Gonzalez? Chairman Winton: Now, where are we? Are we on 3? Commissioner Sanchez: Yes. Chairman Winton: Yes. No, four -fifth. Commissioner Sanchez: Well, just defer to the afternoon all four -fifth. Chairman Winton: Is 3 a four -fifth? Commissioner Sanchez: Yeah it's a waiver, four -fifth. Chairman Winton: So, 4 is withdrawn, 5, OK 5 we can do. Did we find Commissioner Gonzalez? Commissioner Sanchez: Oh, man. Chairman Winton: Well, Joe, it's a public hearing, know anything that we need to talk about? Commissioner Sanchez: How's your family? Chairman Winton: We've got the sunshine, shining on us right now. Commissioner Sanchez: Well, we'll wait for a quorum. Why don't we take a five-minute recess? Chairman Winton: Five minute recess. Can I go? OK, item number 5, need a motion. Commissioner Gonzalez: I move item 5. Chairman Winton: Commissioner Sanchez, need a second while you're being interviewed. Commissioner Sanchez: Second. Chairman Winton: Got a motion and a second on item 5. 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. 03-156 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT THE CONVEYANCE OF APPROXIMATELY 4,769.10 SQUARE FEET OF COUNTY -OWNED PROPERTY, LOCATED AT 362 NORTHWEST 11TH STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, TO THE CITY BY COUNTY DEED, FOR THE EXPANSION AND ENHANCEMENT ATHALIE RANGE PARK, CURRENTLY MANAGED BY THE CITY; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO ACCEPT CONVEYANCE OF THE PROPERTY. 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 Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado Chairman Winton: My pen's all messed up. Commissioner Sanchez: Why don't we defer 6 it's pertaining to the Little Haiti -- Chairman Winton: It was already deferred. Commissioner Sanchez: It was? Chairman Winton: Yes. 17. DEFER CONSIDERATION OF PROPOSED CONVEYANCE OF PROPERTY LOCATED AT 1431 NORTHWEST 17TH STREET, IN "AS -IS" CONDITION, CONSISTING OF 10,350 SQUARE FEET OF LAND WITH IMPROVEMENTS, FROM UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) BY HUD DEED, FOR PURCHASE PRICE OF ONE DOLLAR TO COMMISSION MEETING CURRENTLY SCHEDULED FOR FEBRUARY 27, 2003. Chairman Winton: Item 7, accepting some property from HUD (Housing and Urban Development). need a motion. Commissioner Sanchez: So move. Commissioner Gonzalez: Second. Alejandro Vilarello (City Attorney): Mr. Chairman, one item. Chairman Winton: Yes, sir. Keith Carswell (Director, Economic Development Department): Because there's a deed restriction associated with this from HUD which is currently being reviewed, we would ask from the administration there be caveat subject to review and approval and no substantive change in the language for the deed restriction and then that review -- Chairman Winton: Why don't you just defer this? Commissioner Sanchez: Yeah, I would feel much, much comfortable -- Chairman Winton: And then bring back the item. Mr. Carswell: OK. Commissioner Sanchez: So I withdraw my motion. Commissioner Gonzalez: OK, I move to defer. Chairman Winton: Got a motion and a second. All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion -- Mr. Vilarello: Mr. Chairman, can we have this heard on the February 27th meeting? Chairman Winton: Sure. The following motion was introduced by Commissioner Gonzalez, who moved for its adoption: MOTION NO. 03-157 A MOTION TO DEFER CONSIDERATION OF PROPOSED CONVEYANCE OF PROPERTY LOCATED AT 1431 NORTHWEST 17TH STREET, MIAMI, FLORIDA IN "AS -IS" CONDITION, CONSISTING OF 10,350 SQUARE FEET OF LAND WITH IMPROVEMENTS, FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) BY HUD DEED, FOR THE PURCHASE PRICE OF ONE DOLLAR TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR FEBRUARY 27, 2003. 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 Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado 18. AUTHORIZE MANAGER TO EXECUTE LICENSE AGREEMENT WITH STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR USE OF CITY -OWNED LAND AT 1950 NORTHWEST 12TH AVENUE, FOR SOLE PURPOSE OF SLOPING, GRADING, TYING -IN, HARMONIZING AND RECONNECTING EXISTING FEATURES OF CITY PROPERTY WITH HIGHWAY IMPROVEMENTS. Chairman Winton: Number 8 is the same deal. Commissioner Gonzalez: Sir, is Number 8 the same deal? Keith Carswell (Director, Economic Development Department): Number 8, is fine. It's a property that's adjacent to the site, but it's fine (UNINTELLIGIBLE) language. Commissioner Gonzalez: I move number 8. Commissioner Sanchez: Second. Chairman Winton: Is this a four -fifth? No, didn't look like it. OK, so, we have a motion and a second on 8. Commissioner Sanchez: It's a public hearing, anyone in opposition? Chairman Winton: It's a public hearing? It's not a public hearing. Why is it a public hearing? So, the City Attorney says it's not a public hearing. Alejandro Vilarello (City Attorney): Authorizing license grant. Chairman Winton: So, 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. 03-158 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE USE OF CITY -OWNED LAND AT APPROXIMATELY 1950 NORTHWEST 12TH AVENUE, MIAMI, FLORIDA, AS DESCRIBED IN "EXHIBIT A" ATTACHED AND INCORPORATED, FOR THE SOLE PURPOSE OF SLOPING, GRADING, TYING -IN, HARMONIZING AND RECONNECTING EXISTING FEATURES OF THE CITY PROPERTY WITH HIGHWAY IMPROVEMENTS, DURING THE PERIOD BEGINNING WITH THE DATE OF EXECUTION OF THE AGREEMENT, AND CONTINUING UNTIL COMPLETION OF THE TRANSPORTATION PROJECT, BUT NOT LATER THAN MARCH 31, 2005, UNDER TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. 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 Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado Commissioner Sanchez: All right but it states here public hearing on my agenda. All right. Chairman Winton: OK. Commissioner Sanchez: Ten is a four -fifth. Mr. Vilarello: Ten requires a four -fifth vote. Chairman Winton: So we -- Commissioner Sanchez: Eleven, we voted already. Chairman Winton: Hold on, gang. Commissioner Sanchez: Twelve, we voted on already. Chairman Winton: Wait let me catch up with you. So, we did 8 right? Commissioner Sanchez: Yeah. Chairman Winton: Nine was bond; ten's public four -fifth, OK; and what did you say about 11? Commissioner Gonzalez: It was done. Commissioner Sanchez: It was done. Twelve was done; thirteen was deferred. It was yours, you pulled it. Fourteen is a first reading ordinance. Why don't we -- 19. FIRST READING ORDINANCE: AMEND SECTION 18-87 OF CITY CODE, ENTITLED "PURCHASING AND CONTRACTS GENERALLY," CITY'S PROCUREMENT ORDINANCE, TO PROVIDE THAT MANAGER MAY AWARD CERTAIN PROFESSIONAL CONTRACTS UNDER CONSULTANTS' COMPETITIVE NEGOTIATION ACT WHICH DO NOT EXCEED $500,000 IN VALUE. Chairman Winton: So I guess we can do 14, can't we? Commissioner Sanchez: OK, I'm prepared to move 14. Chairman Winton: OK, first reading ordinance on increasing the limits of professional services. Should we, Mr. City Attorney, on an item like this should we wait for the full Commission to hear this? Alejandro Vilarello (City Attorney): This is just approval on first reading. It'll come back -- Chairman Winton: OK, fine. Mr. Vilarello: -- advertised notice -- Chairman Winton: Yeah. Mr. Vilarello: --for second reading. Chairman Winton: So, need a motion. Commissioner Gonzalez: OK, so move -- Chairman Winton: Motion and a second. This is a public hearing. Anyone -- Mr. Vilarello: This is not. Chairman Winton: Oh, it's not? Commissioner Sanchez: This is not. Chairman Winton: Joe, would you quit telling me a public hearing, you're going to get me all confused. Commissioner Sanchez: I didn't tell you this was a public hearing. Chairman Winton: Oh. OK, so this is not a public hearing? Mr. Vilarello: Correct. Chairman Winton: So, it's an ordinance Mr. City Attorney, we have a motion and a second. Read the ordinance. The ordinance was read by title into the public record by the City Attorney. Chairman Winton: Roll call, please. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18, ARTICLE III, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PURCHASING AND CONTRACTS GENERALLY," THE CITY OF MIAMI PROCUREMENT ORDINANCE, TO PROVIDE THAT THE CITY MANAGER MAY AWARD CERTAIN PROFESSIONAL CONTRACTS, SUBJECT TO APPLICABLE REQUIREMENTS, UNDER THE CONSULTANTS' COMPETITIVE NEGOTIATION ACT ("CCNA") WHICH DO NOT EXCEED $500,000 IN VALUE MORE PARTICULARLY BY AMENDING SECTION 18-87 OF THE CODE; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE TO ALL DIRECTORS AND AGENCIES HEREIN DESIGNATED; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. It 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 Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado 20. AUTHORIZE MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH FIRM OF DUANY, PLATER-ZYBERK AND COMPANY TO PREPARE REGULATING PLAN FOR FLORIDA EAST COAST CORRIDOR (FEC CORRIDOR); ALLOCATE $250,000 ($125,000 FROM COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM INCOME AND $125,000 FROM HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BONDS) FOR DESIGN DISTRICT/FEC CORRIDOR IMPROVEMENTS. Commissioner Sanchez: Mr. Chairman, let me just make just one point. The rationale for this is that we have $600,000,000 in capital improvements. You as well as me and all the Commissioners know that there are millions of dollars in big projects, so allowing us to do this would really, and this is a clear message to the administrator, saying that listen, we're willing to work with you to make sure that our projects in our districts are doing as quickly as possible, Mr. City Manager, just to -- Chairman Winton: Well, that point well -- Commissioner Sanchez: -- just a message. Chairman Winton: That's exactly right. Joe Arriola (City Manager): I get the message. Chairman Winton: OK, item 17 is the next one we can take up. Commissioner Gonzalez: What about 15? Chairman Winton: I think it's 4 -5th vote wasn't it? Commissioner Sanchez: Yeah it is 4 -5th Alejandro Vilarello (City Attorney): Ratification -- Chairman Winton: So, item 17 is the next one we can take up, which is consultant services for the FEC (Florida East Coast) corridor regulated plan and need a motion. Commissioner Gonzalez: Move 17. Commissioner Sanchez: I just have a question, would this project have a direct impact on the city budget? Mr. Arriola: I don't think so, sir. Commissioner Sanchez: Second. Chairman Winton: 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 Gonzalez, who moved for its adoption: RESOLUTION NO. 03-159 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FIRM OF DUANY, PLATER-ZYBERK AND COMPANY, SELECTED FROM THE APPROVED LIST OF TOWN PLANNING AND URBAN DESIGN FIRMS, TO PREPARE A REGULATING PLAN FOR THE FLORIDA EAST COAST CORRIDOR ("FEC CORRIDOR"); ALLOCATING FUNDS IN AN AMOUNT NOT TO EXCEED $250,000 ($125,000 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM INCOME AND $125,000 FROM HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BONDS FOR DESIGN DISTRICT/FEC CORRIDOR IMPROVEMENTS.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez 21. DEFER PROPOSED MIAMI SPORTS AND EXHIBITION AUTHORITY OPERATING BUDGET FOR FISCAL YEAR 2002-2003. Chairman Winton: Item 18 is MSEA (Miami Sports and Exhibition Authority) budget. The City Attorney tells me that we cannot hear this item because it has to be reviewed by the City Manager first. Commissioner Gonzalez: Move to defer the item. Commissioner Sanchez: The City Manager cannot approve it, but he can make comments on it. Chairman Winton: Yes, correct. Alejandro Vilarello (City Attorney): The MSEA board did approve at its last meeting the budget. It needs to be transmitted the Manager and placed on the agenda so that the City Commission is aware of the budget that was approved. The Manager can't approve or deny it. He can comment on it. Commissioner Sanchez: But Mr. City Manager, do you have any comments on the MSEA Board, on the budget? Commissioner Gonzalez: He doesn't have it. Joe Arriola (City Manager): I don't have it. Chairman Winton: He hasn't even seen it. Commissioner Sanchez: Oh, OK, because we haven't seen it and -- Chairman Winton: Nor have we and that's the other point. I mean, none of us -- no one has seen it. Commissioner Sanchez: I mean that budget is super late, it should have been -- that's another issue. Mr. Vilarello: Before October 2002. Commissioner Sanchez: That's another issue. Chairman Winton: Right. Commissioner Sanchez: Moving right along. 22. APPROVE SUPPLEMENTAL PLAQUES TO BE INSTALLED ON NEWLY CONSTRUCTED CITY BUILDINGS ACKNOWLEDGING "SAFE NEIGHBORHOOD PARKS BOND" FUNDING AND "HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND" FUNDING WHEN APPROPRIATE. Chairman Winton: So, 19. I guess I need to ask y'all a question in light of Commissioner Teele's comment earlier. Does he want to meet with all these reappointments of board members to the DDA (Downtown Development Authority)? Commissioner Sanchez: I guess so. Commissioner Gonzalez: I don't think he referred to DDA. I think he referred to the Virginia Key Trust and -- Chairman Winton: And Off -Street Parking. Commissioner Gonzalez: -- and Off -Street Parking. He didn't make a motion. Chairman Winton: Y' all decide if you want to move that or not. Commissioner Sanchez: No. Commissioner Gonzalez: I'll move 19. Commissioner Sanchez: Well, I'm going to ask that all of the Commissioners be here for that one. Chairman Winton: OK, fine. We'll pass on that so, 20 is also tabled. 21 we need zoning, I mean, airport thing everybody needs to be here. How about 23? Commissioner Sanchez: I think we're done. Chairman Winton: We can take up 23, it's easy. Recommend supplemental plaques being installed on newly constructed City buildings. Commissioner Gonzalez: Move 23. Commissioner Sanchez: Second. Chairman Winton: We have a motion and a second on 23. 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. 03-160 A MOTION APPROVING SUPPLEMENTAL PLAQUES TO BE INSTALLED ON NEWLY CONSTRUCTED CITY BUILDINGS ACKNOWLEDGING THE "SAFE NEIGHBORHOOD PARKS BOND" FUNDING AND THE "HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND" FUNDING WHEN APPROPRIATE. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Chairman Winton: And 24, we need to wait till everyone gets here. Commissioner Gonzalez: Yep. Commissioner Sanchez: OK. Commissioner Gonzalez: 25? Chairman Winton: So. Commissioner Sanchez: It was done already. (UNINTELLIGIBLE) 2:30. Chairman Winton: See y'all at 2:30. Ted Stahl: May I ask when item 24 may be heard? Commissioner Sanchez: 2:30. Chairman Winton: Well, probably not right at 2:30, but we're going pretty fast now, Ted. I think that our objective is to be -- Commissioner Gonzalez: Out of here by 4 o'clock. Chairman Winton: Out of here no later than 4. We'll come back at 2:30. I wouldn't be surprised if we get to this at 3:15 or so. Mr. Stahl: I'll be back at 3'oclock then. Chairman Winton: Thank you. Do we need a motion to recess for lunch? We just recess. THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 11:53 AM AND RECONVENED AT 2:33 PM, WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT, EXCEPTING VICE CHAIRMAN TEELE. 23. URGE GOVERNOR OF FLORIDA AND MIAMI-DADE LEGISLATIVE DELEGATION TO MAINTAIN FUNDS FOR STATE HOUSING INITIATIVE PARTNERSHIP PROGRAM (SHIP) HOUSING PROGRAM FOR CITY. Chairman Winton: The blue sheet item that I had that I forgot about and so we can do it, and so, we will, we adjourned our Commission meeting and we're going to go to my blue sheet item and that's a discussion concerning the Governor's proposed budget and it specifically relates to affordable housing. Barbara Rodriguez is going to bring us up to date in terms of our thoughts and significant concerns about that issue Barbara. Barbara Gomez -Rodriguez (Director, Community Development Department): I'm here to brief you on the proposed government's budget and also to give you the impact that it will be imposed on the City. The Sadowski Act was enacted in 1992, the first year only time and City would get a flat funding of 350,000 -- Chairman Winton: Does everybody know what the Sadowski Act was? Ms. Gomez -Rodriguez: That's basically the act that allocated specific revenue for housing and back in 1992 the way it was going to be done was that the flat funding of 350,000 if you participated the municipalities were told that you had to add a 10 cents for every $100 of real estate property in your DOC (document) stamp. The City in conjunction with the County decided not to participate. Why? Because the County had already done the surtax program which they would charge 45 cents on every $100 of commercial property and it was generating between $12,000,000 and $14,000,000 a year. It is currently budgeted at $12,000,000 a year. In 1995, the Sadowski Bill was amended and it included a section that you did not have to increase the DOC stamp. What it would do, they would get 10 cents on the dollar and they will assign it as a special revenue only for housing. The 10 cents have provided an average of $2,000,000 per year to the City of the last seven years. The City has received in the last seven years $14,000,000 in SHIP (State Housing Initiative Partnership) dollars which was part of that revenue. Chairman Winton: Is SHIP the program that is supported by Sadowski? Ms. Gomez -Rodriguez: Yes, it is. Chairman Winton: OK. Ms. Gomez -Rodriguez: Out of the $13,000,000 we have invested $5,600,000 in homeownership activity, which have been leveraged six to one by the private sector, producing $36,000,000 in projects. This year it will be approximately $2,500,000 in funding that we'll be receiving out of which 75 percent is earmarked for homeownership activities. 261 families have been provided with the opportunity to be homeownership owners for first time in their lives in the City. We have also increased out tax base by approximately $1,400,000 in the last five years. Governor Bush is proposing is fiscal year 2003 to 2004 the elimination of the local government -housing trust fund and the reallocation of these funds to his general revenue fund. The proposal includes appropriation for housing program. However, the appropriations are $83,900,000 less. That amount would be available for -- will not be available as a dedicated revenue for housing. It would also impact our housing program. That is, the proposed budget right now will lose $58,40,000 in SHIP funding which is the one that we presently get. In summary, funding now is based on population. That's how it's driven. The formula is driven on the population. The City's the third largest allocation in City funding in the state. If these funds are shifted to the general funds, there is no guarantee that we will get anything. It also has a detrimental impact on our economic development. Without these funds new construction will not happen in poor neighborhoods and we were talking most of the funds that we have done in homeownership have been used by the habitats and by the in fill housing that today we'll discuss about the vacant property. It also shows that it will slow down our tax base. As I mentioned we have increased it by $1,400,000. Comparing fiscal year 03 and 04, versus the Governor's proposal Dade County will lose $5,600,000 in funding per year, 376 affordable housing units, 839 jobs and $42,700,000 in economic activity. In closing, we, staff, urge you to pass a resolution urging the Governor to maintain intact our SHIP program. Commissioner Sanchez: So move. Commissioner Gonzalez: And I second it. Chairman Winton: OK, we have a motion and a second. Barbara, can I ask, I'm curious about a part here that I didn't understand when I first asked you to look into this thing and that is the 45 cent surcharge that we currently have is it on -- Ms. Gomez -Rodriguez: Real estate. Chairman Winton: Yeah but on the -- Ms. Gomez -Rodriguez: It's through the DOC stamps. Chairman Winton: The DOC stamps right. Ms. Gomez -Rodriguez: Correct. Chairman Winton: Now, that money is collected by -- Ms. Gomez -Rodriguez: By the County. It was an agreement done between the Counties and the municipalities. Chairman Winton: OK. Ms. Gomez -Rodriguez: It presently includes Miami Beach, North Miami, Hialeah -- Chairman Winton: And that stays in the County. Ms. Gomez -Rodriguez: It stays in the County. Chairman Winton: OK, now, the Sadowski amount which is the 10 cents, how is that now generated? Ms. Gomez -Rodriguez: It — Chairman Winton: Didn't you say we opted out of that program? Ms. Gomez -Rodriguez: We opted out in 1992, however, in 1995 they gave you an option because in 1992 you had to increase 10 cents to the DOC stamp. Chairman Winton: OK. Ms. Gomez -Rodriguez: We said no, we already increased 45 cents on commercial and they didn't want to eliminate the program at that time. In 1995 it was amended and it said OK, we're not going to tell you to increase it, what we're going to do out of our collection the state collection on DOC stamp we're going to let you keep 10 cents and we're going to have a formula driven by population. Chairman Winton: Now, what's the state collection on DOC stamps, what does that full amount? Ms. Gomez -Rodriguez: I don't have that one. Chairman Winton: Well, I'd like to you know, and you'd think I'd know that but I don't, because that's another number we ought to be looking at because that money is collected right here from local people, local buildings, goes to the state and we ought to know what that collection is and how much of it comes back here. I mean, that's another probably another scam that's going on where constantly Dade County is being called upon to be a donor to the rest of the state on issues where the most serious affordable housing issues in the entire state are all down here. So, would you do some additional homework in that regard so we can understand that? Ms. Gomez -Rodriguez: Of course. Chairman Winton: OK. Commissioner Sanchez: Also, could you provide us with that report that you have. Ms. Gomez -Rodriguez: Of course. Commissioner Sanchez: I haven't seen it. Chairman Winton: And somebody sent me this notice about two weeks ago and that's the reason I asked it to be on here because I knew that all of you would be concerned. This may be one of the most serious things that -- one of the most disruptive things that we've seen in Dade County in a long time that actually could virtually wipe out our ability to do affordable housing. I mean, it's a very serious issue so -- Ms. Gomez -Rodriguez: And $58,400,000 is the reduction in SHIP but in reality your talking about an $84,000,000 because there are other programs those tax credit deals that we hear about they have a sale program. It's also will be impacted which handles the gap financing in affordable housing so -- Chairman Winton: And we all know once somebody gets in general funds -- Ms. Gomez -Rodriguez: You'll never get it. Chairman Winton: -- because municipal government, county government or state government. Once it gets in that black hole -- Ms. Gomez -Rodriguez: Correct. Chairman Winton: -- it's gone. So we have a motion and a second. Further discussion? Commissioner Regalado: Mr. Chairman. Chairman Winton: Yes sir. Commissioner Regalado: Resolution is for the Dade Delegation or the Governor? Commissioner Sanchez: No, the City passing a resolution asking the Governor not to -- Ms. Gomez -Rodriguez: To maintain intact our SHIP program. Chairman Winton: That's a good point, Commissioner Regalado. Your recommendation is that we send this to -- Commissioner Sanchez: The Dade Delegation. Chairman Winton: The Dade Delegation as well? Commissioner Regalado: Because the budget has got to be approved by the -- Ms. Gomez -Rodriguez: Right. Chairman Winton: Right. So, should we, Commissioner Regalado, should we address it both to the Dade Delegation and to the Governor. Commissioner Regalado: I think so. Chairman Winton: OK. Ms. Gomez -Rodriguez: We did have -- I had an opportunity to deal with our legislation staff of the City and (UNINTELLIGIBLE) asked me to let you know to please make personal contact with state reps letting them know the importance of not approving this type of change. Chairman Winton: I'm assuming we're going to put a big bug in the ear -- Ms. Gomez -Rodriguez: We started it. Chairman Winton: -- of our lobbyist. Ms. Gomez -Rodriguez: We did, we started it. Chairman Winton: So, we need an amendment to the motion that simply states that we would send this to the delegation and to the governor. Commissioner Sanchez: Well, the resolution that we're passing would be sent to the Governor all we need is just to amend it to also be sent to the Dade Delegation. Chairman Winton: Right. So, the maker of the motion. Commissioner Sanchez: Accept. Chairman Winton: OK. Commissioner Gonzalez: Second as amended. Chairman Winton: Any further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Commissioner Sanchez: Since we're all here -- Chairman Winton: Like sign, opposed. Motion carries. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-161 A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR JEB BUSH AND THE MIAMI-DADE LEGISLATIVE DELEGATION TO TAKE WHATEVER STEPS ARE NECESSARY TO CONTINUE FUNDING OF THE STATE HOUSING INITIATIVE PARTNERSHIP (SHIP) HOUSING PROGRAM TO ASSURE THE CITY OF MIAMI'S IMPLEMENTATION OF SAID PROGRAM; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. 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. Commissioner Sanchez: Since we're all here on this issue is there anything else that we know of that the state may be cutting off, any assistance? I mean, we all know about the perfect storm you up there, the crisis. They're looking at a deficit of probably $3,200,000 which isn't really the governments fault it's you know, the constitutional amendment that are put forth nine out of ten pass and the state finds itself in a situation having to come up with revenues not included the bullet trail which is billions and billions of dollars so, they find themselves in a situation where you know, their going to have to find ways to cut and I hope that when the do have these cuts, and this is where I think it's important that we communicate with our Dade Delegation and especially people that represent the City to be across the board because these cuts would have to be across the board not just specific (UNINTELLIGIBLE). I think it's important that we realize that any cuts in Tallahassee, the Governor needs to know has to be across the board. Chairman Winton: OK. Commissioner Regalado: Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Regalado: Barbara, don't go. Before we finish the housing discussion there's something that y'all need to be aware of and Barbara too. Many of you know and Johnny this is in your district. I had a visit at the TV (television) station of a group of tenants of UTD Towers. This is 1809 Brickell Avenue. As you know, there about three hundred and some apartments for retire teachers in UTD Towers. This building have -- two building had problems two years ago when the union, the teachers union wanted to sell, but Mel Martinez did not let them because they have an outstanding loan with the housing department in the United States, but now they have notified the tenants that they will be as of March 1st a raise in the rent of $100. There are about 50-70 tenants that cannot afford the $100 raise because they pay prorated according to and it just came like that. We going to have a problem there because those almost hundred tenants will have to move. First of all the building is going to be empty. It's a little run down. The property, the land is valued at $30,000,000. You know, there is something there that you know, that (UNINTELLIGIBLE) may not apply here, but I think that we're going to have a problem. I don't know how, if anything, the City can do. Ms. Gomez -Rodriguez: Commissioner, you're going to have that issue not only there. It's going to be coming up pretty soon. You have 1400 units of Section 8 Mod Rehab program that are expiring. Once that contract expires -- Chairman Winton: In the City of Miami? Ms. Gomez -Rodriguez: -- in the City of Miami. Commissioner Regalado: Yes, yes. Ms. Gomez -Rodriguez: Basically, they are grouped especially in the Little Havana area. Now, that's a building that for many years they've been trying to get out of that contract because it's worth a lot of money. Once that contract is up and none of them have contract with the City of Miami. It's basically through US HUD, you're going to have that those owners, a lot of them will sell out. And you're going to have those complaints not only there. Now, this one is kind of unique because they've been after them. It's a very -- it's land that is worth a lot and it's land that they want to rebuild so -- Chairman Winton: Doesn't the union own this? Commissioner Regalado: The union owns and the union want to sell them. Chairman Winton: Union employees, you would think that the union, since they're going to make this huge profit, would figure how they can take care their own people and get them moved and get them some subsistence and I tell you, you know, they're looking at the wrong folks if they're looking at us. I'm not turning right back around and say you guys need to talking to Pat Tornillo, that's where this needs to be solved. Chairman Winton: Well, he lives across the Street but from in Brickell. Commissioner Sanchez: It's a short walking distance now. Ms. Gomez -Rodriguez: But you're going to have a lot of those issues especially in Sanchez's district. Commissioner Regalado: Yeah, but Johnny, let me tell you, your right, but the problem is these are elderly retired teachers and who do they go to? You, the Mayor, the Commissioners -- Commissioner Sanchez: It's not only the teachers, everyone will be affected. Ms. Rodriguez, you need to make that -- Commissioner Regalado: But, Joe -- Chairman Winton: I understand. Commissioner Regalado: You're talking about March 1st. Joe, I'm talking March 1st. These people are going to have to move. Dozens and dozens, they don't have the 100 bucks. Chairman Winton: Well, when the come here, we need to make sure that Pat comes with them. OK, anything else? Commissioner Regalado: So you know. Chairman Winton: Thank you. Commissioner Regalado, why don't we go to your blue sheet items? 24. DIRECT MANAGER TO SCHEDULE PROPOSED RESOLUTION AMENDING R-02- 288 AND R-02-469, WHICH ESTABLISHED MINIMUM QUALIFICATIONS FOR PUBLISHING SUPPLEMENTAL OR COURTESY PUBLIC NOTICES IN COMMUNITY- BASED NEWSPAPERS. Commissioner Regalado: Thank you, I have a discussion concerning advertising and periodicals and community newspaper and maybe Barbara can also help us because we all approved an ordinance or resolution for the City Clerk to include community newspapers in the advertising of the City. The City has been advertising through the City Clerk's office. As y'all know, we need to have notice. We need to have those notice in daily newspapers and all that. We all know that, but there is a problem and the problem is that other departments are advertising. Those courtesy ads and we are not dividing fairly with the different community newspapers that are registered with the City Clerk. The problem is that we need to establish some kind of method to give a fair share to anybody that falls within the different parameters that we have set. I, the City Attorney drafted a resolution which takes care of back problem, and I have this resolution here. Commissioner Sanchez: Can we have a copy? Commissioner Regalado: Yes, yes and I was going to say that I just want to bring this -- give you the resolution and bring it back on the 27th __ Chairman Winton: Oh, good. Commissioner Regalado: -- so you understand the process so there will be no surprises, but let me tell you, just so you know, Barbara, your department. See, Community Development, Police, Procurement they all advertise, but they're out of the City Clerk. You do it directly, right? Barbara Gomez -Rodriguez (Director, Community Development Department): Correct. Commissioner Sanchez: Every department has its own budget. Commissioner Regalado: Yes, Joe, but the only requirement that we had in the old resolution is that they have to register with the City Clerk so, only those registered with the City Clerk get advertising in a fair way. What I mean is that if we can consolidate you know, if you have to register with the community development, you tell them. The problem is that you don't know who's registered in the City Clerk. You know what I mean? Ms. Gomez -Rodriguez: Commissioner, I've been looking at the advertising because I did get a request from the City Clerk. Unfortunately, the way our citizen participation plan, which is what governs our advertising requirement and it's a contractual agreement that we have with US HUD (United States Department of Housing and Urban Development) has basically said that I can only advertise with major circulation newspaper, and when I had the meeting with Priscilla Thompson, we felt that some of the ones that had registered with her did not qualify as major because of the amount of circulation, but we are looking into it -- Commissioner Regalado: But -- Ms. Gomez -Rodriguez: -- and we will continue to -- Commissioner Regalado: And I understand and I have checked all the process and I understand what you're saying and this is for the public hearing but the courtesy notices the other departments do have and according to the state statutes they are allowed to advertise in community newspapers, and the reason I'm saying this is because if we do not advertise in community newspapers say Spanish, Creole, we will not get the interest to cover stories of the City of Miami and you know, they going to keep, the Haitian newspaper is going to keep writing about immigration issues and all that and we will not get those communities involved and that is why the City Attorney gave you this resolution. I'm going to bring it back on the 27th. You read it and whatever modification you want to do I think it's important that we distribute the budget of the City. We have three major newspapers here Diario Las Americas, El Nuevo Herald and the Miami Herald, those entities where we have to advertise. There's others that we can advertise so Chairman Winton: Oh, I'm sorry. Commissioner Regalado: -- that's basically the purpose of this discussion. The second. Chairman Winton: And Commissioner Regalado by the way thank you very much. I think your approach was outstanding. You brought the resolution to us. We got time to now go away and leave it and thing about it and bring it back as a regular agenda item, and that's wonderful. Thank you. Commissioner Regalado: Sure. Chairman Winton: OK, next. 25. ACCEPT PROPOSAL FROM EMILIO ARECHAEDERRA, JR., OF AHT ARCHITECTS, TO ERECT SMALL MONUMENT IN HONOR OF EMILIO ARECHAEDERRA, AT NO COST TO CITY, BEHIND HOME PLATE AREA OF EMILIO ARECHAEDERRA SOFTBALL FIELD AT SHENANDOAH PARK LOCATED AT 1800 S.W. 21 AVENUE. Chairman Winton: OK. Next. Commissioner Regalado: I don't know what you want to do, Mr. Chairman. We had set a public hearing for 5:30 on the small monument, at no cost to the City, in Shenandoah Park. Chairman Winton: Well, what we would really like to do is -- because we ain't going to be here at 5:30, so. Commissioner Regalado: Well, it's up to you. You tell me. Chairman Winton: We're prepared to hear it any time you want. There's no cost to the City, so I'm -- I doubt that you're going to get any argument up here. I mean, I don't -- unless there's something I'm missing. Commissioner Regalado: No. As a matter of fact -- (COMMENTS OFF THE RECORD) Commissioner Regalado: Oh, we re -advertised it for 3 o'clock, so we can do it. Chairman Winton: OK. Commissioner Regalado: Basically, this is -- Chairman Winton: One question I have that I thought of, and I'm -- you probably already thought of this, but is this one of those things that needs to go to that Parks Advisory Board or something? Commissioner Regalado: It already went. Chairman Winton: OK. Thank you. Commissioner Regalado: And it was approved. Chairman Winton: Great. Commissioner Regalado: And this actually is nothing new. The City Commission, in 1994, approved this monument but nothing happened. And now the family of this person that, unfortunately, passed away many years ago, was a sponsor of sports, especially youth baseball, want to pay for the small monument in that park. So -- Commissioner Sanchez: Why don't you make a motion? I mean -- Commissioner Regalado: The motion is to accept the proposal of Emilio Arechaederra, Jr. of AHT Architects to erect the small monument, at no cost to the City, in honor of his father, behind the home plate area of the Emilio Arechaederra softball field at Shenandoah Park, located at 1800 Southwest 21st Avenue. Commissioner Sanchez: Second. Commissioner Regalado: That would be the motion. Chairman Winton: Got a motion and a second. 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 Regalado, who moved its adoption: MOTION NO. 03 -162 A MOTION ACCEPTING PROPOSAL FROM EMILIO ARECHAEDERRA, JR., OF AHT ARCHITECTS, TO ERECT A SMALL MONUMENT IN HONOR OF EMILIO ARECHAEDERRA, AT NO COST TO THE CITY, BEHIND THE HOME PLATE AREA OF THE EMILIO ARECHAEDERRA SOFTBALL FIELD AT SHENANDOAH PARK LOCATED AT 1800 S.W. 21 AVENUE. 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. 26. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF SOLE SOURCE, WAIVE REQUIREMENTS FOR COMPETITIVE BIDDING PROCEDURES, AND APPROVE ACQUISITION OF ADVANCED TASER M26, MODEL 44000 AND OTHER NECESSARY EQUIPMENT, FROM TASER INTERNATIONAL, INC., FOR DEPARTMENT OF POLICE, $73,881.40; ALLOCATE FUNDS FROM LAW ENFORCEMENT TRUST FUND. Chairman Winton: It's 4 of us here so let me see -- Commissioner Sanchez: Let's rock and roll. Chairman Winton: -- go back to number 3. Commissioner Sanchez: Number 3 Mr. Chairman. Chairman Winton: Hold on, let me get there. OK, number 3. Alejandro Vilarello (City Attorney): And there is a substitute resolution on item 3. Chairman Winton: So, need a motion on 3 for the substitute resolution. Commissioner Gonzalez: I move for discussion. Commissioner Sanchez: You make the motion, I'll second if for discussion. Chairman Winton: A motion and a second. Discussion? Commissioner Sanchez: I'll yield to Commissioner Gonzalez. Chairman Winton: Commissioner Gonzalez. Commissioner Gonzalez: Is anybody here from the Police Department? Joe Arriola (City Manager): Yes. He's coming. Commissioner Sanchez: It's your item. Commissioner Regalado: The number is like Taser M26 model. It's like a tank, right? Commissioner Sanchez: No. Commander Joe Longueira (Commander, Police Department): This is for the Police Department to buy what's referred to as -- Commissioner Sanchez: Zapper. Commander Longueira: Taser guns for the policemen. Commissioner Gonzalez: I'm familiar with the explanation of what the taser is and all of that. I know what a taser is, how it works and everything else. I had a problem with your first resolution where you were asking tasers for only 100 supervisory personnel, and the problem I have with that is that whenever there is an incident with the potential police (UNINTELLIGIBLE) the person that first respond to the scene is a police officer. It's a patrolman, it's not a sergeant, and if you depended on a sergeant to have the taser to prevent a police shooting, then by the time that the sergeant arrives, maybe was to late OK? In addition to that, I remember, and I agree 100 percent with the taser, with the use of taser because I remember some years ago in Little Havana, a 67 year old man, I think he was 67, because he was waiving a knife at his porch at the front of his house, he got shot at and from a distance of about 20-30 yards. If they would have had, and I don't know who the policeman was that shot him. I use to work as an investigator back then. I was working for the attorney that started to look into suing the City and it was very unfortunate, and this type of taser could prevent not only sues to the City, it also help the police officer out there doing a better job protecting himself from them being arrested or suspended or the bad publicity that the Police Department already has, so I agreed 100 percent with this, but what I would like to know is how many patrolmen or is this going to be distributed throughout entire City of Miami in the different sectors to make sure that whenever we have an incident where a potential shooting could occur, that there would be enough police officers having these type of arm to prevent actual shootings. Commander Longueira: Commissioner, the amended resolution that we brought to you today shows that we're going to buy 350 instead of the original 100. The reason we just limit it to 350, because it will take us months to train all the officers. Commissioner Gonzalez: I know. Commander Longueira: And another point later on this year we'll come back for an additional amount probably up to 700 -- John Gallager (Assistant Chief, Police Department): A total of 700. Commander Longueira: A total of 700, so all of the patrol officers and the officers that ride the street and respond to those calls we'll have those but it is going to take us quite a while to train them on how to use them, when not to use them and things like that so. That was (UNINTELLIGIBLE) 350. Commissioner Gonzalez: Could I have your name for the record your address? Mr. Gallagher: Good afternoon sir, my name is John Gallagher. I'm an Assistant Police Commissioner, Administration Division, Miami Police Department. Commissioner Gonzalez: All right, thank you. Chairman Winton: Anything else? Commander Longueira: Just so we're, on the record for the original item, we raised it form 100 to 350. The total amount has gone up to $268,842.40 and the funding source has changed because the funding source we were using didn't have enough money, but it's still law enforcement trust fund. Commissioner Gonzalez: It's going to save us lives. Commander Longueira: Yes, sir, eventually. Chairman Winton: OK, we have a motion and a second. Any other discussion? Yes, sir. Commissioner Sanchez: I have two questions. One is, I'm all for non -lethal weapons, so this would add another weapon prior getting the hand gun. One is, you spoke about training, which is very important, everyone -- Chairman Winton: Got it. Commissioner Sanchez: -- gets this device will have to go through training, correct? That holds us liability wise, protects us? Commander Longueira: Yes, sir. Everyone will go through the training and if we keep with what we've done in the past, like the OC (Oleoresin Capsicum) Spray, I believe everyone -- Commissioner Sanchez: Well, the OC Spray you had to be sprayed. Here, are you going to get zapped good. OK. Commander Longueira: Yes, you are going to get zapped so you know what it's like when you do -- Commissioner Sanchez: And here's the other question, if an officer refuses to take the zapper, would he qualify to carry the -- Commander Longueira: No. Commissioner Sanchez: And I speak from experience because -- Commander Longueira: No, he will not qualify to carry -- Commissioner Sanchez: When I was a state trooper, we had several state troopers who didn't want to get sprayed and that created a big chaos in the department. My last question is to protect the officer out there. Adding this non -lethal weapon, second impact weapon, would it modify the use of force policy that you have now in place? Commander Longueira: Yes, sir, it will be another -- it's actually a level steps you go through and this will be in that step, before deadly force. Commissioner Sanchez: Thank you. Chairman Winton: Any other comments? So, we'll call the question. 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. 03-163 A RESOLUTION OF THE MIAMI CITY COMMISSION RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE, WAIVING THE REQUIREMENTS FOR COMPETITIVE BIDDING PROCEDURES, AND APPROVING THE ACQUISITION OF ADVANCED TASER M26, MODEL 44000 AND OTHER NECESSARY EQUIPMENT, FROM TASER INTERNATIONAL, INC. (NON- MINORITY/NON-LOCAL VENDOR, 7860 E. MCCLAIN DRIVE, SUITE 2, SCOTTSDALE, ARIZONA) FOR THE DEPARTMENT OF POLICE, IN AN AMOUNT NOT TO EXCEED $73,881.40; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NOS. 690002 AND 690003, SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE UNITED STATES DEPARTMENT OF JUSTICE AND TREASURY, "GUIDE TO EQUITABLE SHARING." 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. 27. DISCUSSION CONCERNING AN APPEAL BY DIARIO LAS AMERICAS OF DENIAL OF PERMITS BY THE DIRECTOR OF PUBLIC WORKS FOR THE PLACEMENT OF NEWSRACKS AT SEVERAL LOCATIONS THROUGHOUT THE CITY. Chairman Winton: If y'all don't mind, we've had -- Ted Stahl was here before the recess and he's here on -- are you here on Item 24? So do y'all mind if we go to the newsracks ordinance thing on Item 24? Commissioner Sanchez: No. Chairman Winton: OK. We will do that then. Commissioner Sanchez: Where are we at on that? Chairman Winton: I don't know. I think we're going to find out. Commissioner Sanchez: You know, because I keep pushing -- that's one of the quality of life things that we've done to this City to clean it up, and I've yet to see -- very slow process on that. Alejandro Vilarello (City Attorney): Mr. Chairman. Chairman Winton: Yes, sir. Mr. Vilarello: The item that's before you, Item 24, is an appeal of the denial of permits. The -- every publisher who wanted to locate a newsrack would have to go through the permitting process, and once those permits were exhausted at a particular location, either five on a corner or ten at an intersection, their permits were denied. The ordinance allows for an appeal to the City Commission of the denial of those permits. So, at this point, they are requesting through the appropriate channels for this City Commission to consider their appeals. They had approximately 22 locations that they had a problem with. It is now reduced down to five locations, which are noted on your -- in your agenda, and they need to present information on those appeals. Chairman Winton: And is this a public hearing? Mr. Vilarello: I don't know. Let me look at the -- I'll take a look at the ordinance. Chairman Winton: OK. So who's going to present -- you're talking about the newsracks? Mr. Vilarello: The appeal has to be prosecuted by the appellant. Diario las Americas is the -- Chairman Winton: Is Diario here, their representative? Carlos Curbelo: Good afternoon. My name is Carlos Curbelo. I'm the Circulation Director for Diario las Americas. Chairman Winton: And your address, too, please, sir. Mr. Curbelo: My address is 8881 Southwest 85th Street, Miami, Florida. In our letter back in January 6th to the City Manager's Office, we listed 10 locations where the Department of Public Works rejected our request for permit. So far, we have worked together with the Public Works Department, specifically with Tina Pratt Frazier, and she has approved four out of the 10. What we're asking for is that, in certain locations where there's high traffic -- and Diario las Americas have had established locations for many years -- to be allowed to have more than five racks. One typical example is the Versailles Restaurant in Southwest 8th Street and 36th Avenue, where we were denied. Commissioner Regalado: These are -- Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Regalado: These are -- what happened here is that The Herald company has three entities, The Herald, El Nuevo Herald, and Street. In that particular location, they took three out of the five, and then I think it was New Times and some other media. So what happened was, if you remember, is that Mr. Curbelo came on board in Diario las Americas recently. The department was not up to the level that he now has it, and they were late on fighting for the permits. So they lose -- what happened is that they lost some of the traditional spots of Diario las Americas in locations of high traffic of Hispanic readers. And I think it's only fair since we - - since he's not requesting that we change the ordinance, which I agree, but it's only six locations Mr. Curbelo: It's five. Commissioner Regalado: It's unfair. Mr. Curbelo: Six on the (INAUDIBLE). Commissioner Regalado: Six. Chairman Winton: Well, I only -- there's five here. Mr. Curbelo: Six together. We applied for ten -- I mean, ten were rejected. We worked with the Public Works Department, and they approved four out of ten, so we have six left. Commissioner Sanchez: I thought it was five. Chairman Winton: We have five -- I'm looking at my agenda. There are five locations right here it says. Mr. Curbelo: Albert Dominguez notified me yesterday that one of them was not approved -- Chairman Winton: OK. Mr. Curbelo: -- and that was (INAUDIBLE). Commissioner Regalado: And this is why I think that this City Commission, I believe, it should approve the appeal for several reasons. Historic, because these are only six sites who are in a very high density Hispanic population. Second, because it is the only Spanish daily newspaper in the state of Florida that is requesting this waiver. And third, because it's all about freedom of expression. I think we should not deny -- by keeping -- Chairman Winton: So is there a motion coming somewhere along the lines? Commissioner Sanchez: Mr. Chairman, I would like to hear from City staff on this. Victor Monzon-Aguirre: Mr. Chairman, Commissioners, there is actually a mistake in the memorandum, because we discovered an error when we started measuring the location that had been offered as an alternative on the original proposal that you have before you. This (INAUDIBLE) five. So there are six locations, which are now in question. Chairman Winton: Are you prepared to tell us what the sixth location is? Mr. Monzon-Aguirre: I believe that the last location is the location in front of El Exquisito Restaurant. Unidentified Speaker: Right. Commissioner Gonzalez: Southwest 8th Street -- Mr. Monzon- Aguirre: Southwest 8th Commissioner Gonzalez: -- and 14th Avenue. Mr. Monzon-Aguirre: And the problem is it's within 300 feet of another bank of newsstands. So, therefore, it doesn't qualify under the ordinance as the way it reads. Obviously, in Versailles, the question was -- this is talking about the right-of-way. There's no preclusion from Versailles (INAUDIBLE) on his personal property, and having a newspaper rack on the property as long as it's on his private property. We're talking about the right-of-way. So, at Versailles you can resolve it if Versailles says, "OK, you can put your news rack on my private property," that would still keep the intent of the ordinance as you have established. The El Exquisito Restaurant, there's five newsracks, which is the limit, by ordinance, and El Exquisito is 300 -- within 300 feet of that, and it's precluded by the ordinance. Needless to say, Commissioners, you know, it's your decision whether or not you want to grant a waiver on that particular item, but the only reason it's there is because the restaurant is there, and that's a high traffic. If the restaurant were there, it would change and would become -- Chairman Winton: Commissioner Gonzalez. Commissioner Gonzalez: Yes. I'm sorry. You finished? Commissioner Sanchez: No, no. When you're done, I'll -- Commissioner Gonzalez: You'll yield? Commissioner Sanchez: Yeah, I'll yield to you. Commissioner Gonzalez: I happen to agree with Commissioner Regalado. And the issue is not a matter of the -- if The Miami Herald owns three newspapers or ten newspapers or five newspapers. The basis for my argument is that prohibiting the Diario las Americas to be in mostly Hispanic neighborhoods, probably 90 percent Hispanic neighborhoods, is like prohibiting The Miami Herald from having their paper in the Coconut Grove area or in downtown area or in nobody's area. I mean, it's ridiculous. It makes -- it just makes common sense. And I'm willing to second Commissioner Regalado's motion. Chairman Winton: Did you make a motion, Commissioner Regalado? Commissioner Regalado: I tried, but I'd rather -- Joe wanted to hear the staff. I'm -- whenever the public hearing is closed, I'm ready to make my motion. Chairman Winton: This is not a public hearing. Commissioner Regalado: OK. Well -- so you know, there's a letter from Mr. Philippe Bois, the proprietor of Versailles. Chairman Winton: We've all seen that. Commissioner Regalado: OK. He's endorsing. Chairman Winton: So are you making a motion? Commissioner Regalado: I am making a motion to accept -- Chairman Winton: OK. Commissioner Regalado: -- the appeal -- Commissioner Gonzalez: And I second the motion. Chairman Winton: OK. Commissioner Regalado: -- of the six sites. Chairman Winton: And we'll continue with discussion. Mr. Vilarello: Mr. Chairman. Commissioner Sanchez: I only have one discussion. Chairman Winton: Hold on. Mr. Vilarello: In the nature of the motion, I'd just -- for the record, to note that the agenda contains photographs of each of the sites, so that you can also include within your motion that allowing the additional newsrack does not create a danger to the public on the right-of-way. Commissioner Sanchez: That's what I was going to get. The issue here, to me, is safety, and making sure that we don't put a newsrack in an area that's going to be a liability to the City. The only issue here that I have is that safety is addressed, and if it's addressed and it's not a problem, I am prepared to support (INAUDIBLE). Mr. Curbelo: Diario las Americas welcomes the ordinance, and we are now compliant with it in other places. We are not here to say that we want to change the ordinance. What we want is to - - the Commission to consider -- Chairman Winton: We understand that. Commissioner Gonzalez: We understand that. Chairman Winton: So -- Commissioner Sanchez: Motion. Chairman Winton: Mr. Stahl, are you here to talk about these specific sites or about the newsrack issue? Ted Stahl: I'm here to ask, in regards to these newsracks -- Chairman Winton: You need to put your name and address on the record. Mr. Stahl: Ted Stahl, 2867 Bay Avenue, Coconut Grove. Chairman Winton: But before you go on there, I asked you a question. Are you here to speak on these six specific sites that's before us or to talk about the broader issue of newsracks? Mr. Stahl: I'm here to ask what you are going to do about all the other newsracks -- Chairman Winton: OK. So, hold on. Hold on then. So that's what I wanted to -- OK. We have a motion and a second on the floor on accepting the six other alternative locations. 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 Regalado, who moved for its adoption: MOTION NO. 03 -164 A MOTION GRANTING APPEAL BY DIARIO LAS AMERICAS OF DENIAL OF PERMITS BY THE DIRECTOR OF PUBLIC WORKS FOR THE PLACEMENT OF NEWSRACKS AT THE FOLLOWING SIX LOCATIONS: 1. VERSAILLES RESTAURANT, 3555 S.W. 8 ST. 2. BURGER KING, 1701 S.W. 8 ST. 3. McDONALDS, 1400 S.W. 8 ST. 4. ECKERD DRUGS, 2520 CORAL WAY 5. TERREBANK, 3199 CORAL WAY 6. RESTAURANT EL EXQUISITO, 1510 S.W. 8 ST. FURTHER STIPULATING THAT ALLOWING THE ADDITIONAL NEWSRACKS DOES NOT CREATE A DANGER TO THE PUBLIC ON THE RIGHT-OF-WAY. Upon being seconded by Commissioner Gonzalez, 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. Mr. Vilarello: I'm sorry. Mr. Chairman, you said accepting the alternative locations. Chairman Winton: I mean the locations as they're identified. Mr. Vilarello: As we (INAUDIBLE). Commissioner Regalado: The appeal. Accepting the appeal. Chairman Winton: Thank you for the correction. Yes, sir, Mr. Stahl. Mr. Stahl: My question to you now is that during the period of two years that this particular applicant had the ability to submit his permits, he waited until September of 2002, almost two years after this ordinance went into effect. During the other times, there have been other vendors who have came for their spots that had been turned down. Now, you've opened Pandora's box. We have now got six newsracks, where there's supposed to be five. What are you going to do about all the rest of them that have been turned down throughout the City in spots that they were not allowed to do? They're now going to come to you and start appealing, and we're going to end up with the same mess we've had for years. Chairman Winton: OK. Thank you. We're -- Mr. Stahl: I also want an answer to -- that in the last two weeks, there's not one of you that can sit up there and say driving down Coral Way, Brickell, and Coconut Grove that there is a major difference in the appearance of our public right-of-ways. Unidentified Speaker: There is. Mr. Stahl: I mean, there is. Two weeks ago, I go down Coral Way, the new newsracks were out there, plus hundreds of the old ones because the City had never come to a final decision. In one week, they're gone, and that's the way this City should operate. Now, you've opened up a situation that you're going to be having vendors that were turned down during the two years, because they couldn't be the sixth box, coming to you and going through the same situation here. Chairman Winton: Thank you. Commissioner Regalado: Well, if I may respond. Chairman Winton: But a short response. I'm moving on. This subject's done. We've made the decision, so -- Commissioner Regalado: Think about you have property in the Grove and you know a lot about real estate. It's about the issue of grandfathering. This newspaper rack has been in front of that location, in particular, in these six locations for 34 years. It's not that there's anybody that wants to come and place that. And I commend Diario because -- because of the ordinance that you pushed with so much passion, and that I supported because I always knew that you were right -- because of that ordinance, the owners of Diario las Americas decided to change all the staff in the Circulation Department because they were not up to the quality that the ordinance required. And this is why they brought this man from outside, and this is why they delayed. So what I'm saying to you is that I would not give myself the consideration to other appeals as to this appeal. Mr. Stahl: That's all I wanted to hear, sir. Thank you. 28. AUTHORIZE MANAGER TO EXECUTE PURCHASE AND SALE AGREEMENT WITH LEONARDA ROMERO, FOR PURCHASE OF PROPERTY LOCATED AT 1405-07 NORTHWEST 17TH STREET, $145,000, IN CONNECTION WITH DEVELOPMENT OF CITY -OWNED PROPERTY LOCATED AT 1700 NORTHWEST 14TH AVENUE, AND CONSUMMATE TRANSACTION; ALLOCATE $160,000, FROM NON -DEPARTMENTAL ACCOUNT. Chairman Winton: OK, Item Number 10, Mr. Manager. Joe Arriola (City Manager): Yeah, (UNINTELLIGIBLE) with Item 10, I would like for my staff to explain the whole process and the whole -- Chairman Winton: Great. Mr. Arriola: --appeal process, thank you. CA -10 is what you said, right? Commissioner Sanchez: CA -10? Chairman Winton: No, it was regular agenda item. Commissioner Sanchez: 10. Mr. Arriola: I'm sorry. I'm sorry, I thought you were talking about CA -10. Chairman Winton: No, I'm talking about regular agenda Item Number 10. Mr. Arriola: I'm sorry. Chairman Winton: We'll come back to -- maybe we'll pick up CA -10 after regular agenda Item 10 so your staff can ready for that one. Mr. Arriola: Perfect, thank you. Chairman Winton: OK, y' all -- Commissioner Gonzalez: I move Item 10, Mr. Chairman. Chairman Winton: We have a motion, this is on the purchase of land. This is tied to the Wagner Creek issue. Commissioner Sanchez: Second. Chairman Winton: We have a motion and a second. Further discussion? Commissioner Sanchez: I have one question. I know there was a liability issue on that one, are we being waived of the -- are we being released from all liability? Unidentified Speaker: Correct. Commissioner Gonzalez: That's right. Commissioner Sanchez: I want that on the record OK. Mr. Arriola: Yes, we are, sir. Chairman Winton: OK, any further discussion? Being none, this is a -- is this four -fifth , four - fifth vote. OK, 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. 03-165 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH LEONARDA ROMERO, FOR THE PURCHASE OF THE PROPERTY LOCATED AT 1405-07 NORTHWEST 17TH STREET, MIAMI, FLORIDA, ("PROPERTY"), FOR THE PURCHASE PRICE OF $145,000, IN CONNECTION WITH THE DEVELOPMENT OF CITY -OWNED PROPERTY LOCATED AT 1700 NORTHWEST 14TH AVENUE, MIAMI, FLORIDA, AND CONSUMMATE THE TRANSACTION IN ACCORDANCE WITH THE TERMS OF THE AGREEMENT; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $160,000, FROM THE NON -DEPARTMENTAL ACCOUNT TO COVER COSTS INCLUDING A SURVEY, APPRAISAL, TITLE INSURANCE AND THE DEMOLITION ASSOCIATED WITH THE ACQUISITION OF SAID PROPERTY. 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. 29. DEFER CONSIDERATION OF PROPOSED FIRMS TO PROVIDE INSURANCE BROKERAGE SERVICES TO COMMISSION MEETING CURRENTLY SCHEDULED FOR FEBRUARY 27, 2003. Chairman Winton: Now, we can go to CA -10, Mr. Manager, which is your issue. Joe Arriola (City Manager): Yes, I would like my staff to explain the process and explain why we denied the appeal. Chairman Winton: OK. Stuart Meyers: Hello, my name is Stuart Meyers, I live at 119 Thorton Drive, Palm Beach Gardens, Florida. I've acted as a Risk Management Advisor to the current administration. In -- I was asked to come in and take a look at the risk management and the insurance renewal. In 2001 the insurance premium was $2,700,000 -- Chairman Winton: So, you changed the setting for your microphone so you can speak more directly into it. You have to get close to it or -- Commissioner Sanchez: Also, can you start over and state your name please? Mr. Meyers: Sure, my name is Stuart Meyers, 119 Thorton Drive, Palm Beach Gardens, Florida. In 2001, the insurance premiums for the City of Miami were $2,747,000. In 2002, the insurance premiums went up to $5,066,000. The property alone, which by the way renews on May the 1st and so time is certainly of an essence for the City. The property insurance went from $2,029,000 to $3,762,000 with one day's notice to the City and it's a rate increase of 85 percent. We hadn't gone out to an RFP (Request for Proposals) for the City since I believe 1996, and so an RFP went out on behalf of the City to get quotes for insurance brokers to bid for the business. Since 1996, the City has been paying commissions to the current broker and that would be a percentage of the premium that we pay. So -- Commissioner Sanchez: A percentage of the premium? Mr. Meyers: Yes, sir, so for instance, in 2 -- Chairman Winton: He's got great incentive for the rates to go up. Mr. Meyers: Well, certainly, as the rates go up, the broker would earn a larger fee for doing exactly the same amount of work, so for instance in 2001, if the rate of Commission was 10 percent, the incumbent broker would have make $274,000 give or take, and for doing the same amount of work in 2002, that same broker would have make an excess of $500,000. When we went through the process, we asked each of the participants to bid based on a flat fee arrangement so, their fee would be the same regardless of the amount of the premium. In this case, the firm that won that bid also happened to be the lowest priced firm and their bid was $106,000 guaranteed for three years. Based on those numbers, we would have -- the City would have saved somewhere in the neighborhood of 1,200,000 on the old system. Commissioner Sanchez: Well, what's the savings to the City again? Mr. Meyers: Probably around 1,200,000. It's very difficult for me to tell you exactly because Aon has not, the incumbent broker has not told us the full extent of their commission rates, so some of this is guess work from within the insurance community. So, I don't know if they make 10 percent or 12 percent or 8 percent, number could vary. I am not privy to their earnings because it is commission based and it's built into the premium charges. The firm that won the bid, bid $106,000 to provide the same service that we had been paying last year somewhere in the neighborhood of $500,000 for. The property insurance in particular has a time limitation. We can't just buy it in a day. It takes sometime to go through the international marketplace to place this level of insurance. It takes normally around 90 days to do it. Although it can be done in 60 or 70 days, to get it done and this is an Al renewal, and so, unless we get to make forward here fairly quickly, we will be forced to use Aon at the renewal from May 1, regardless of their pricing, or their stature, or where they finished in the bidding process. Chairman Winton: I don't understand. Who -- is Aon our current agent, is that what you're saying? Mr. Meyers: Yes, Aon is our current broker. In I believe, in 1996, they won an RFP at that time Chairman Winton: OK, I understand. Mr. Meyers: -- to provide brokerage services -- Chairman Winton: And they made roughly $500,000. Mr. Meyers: I'm not exactly sure but I that would be a fairly decent guess. Chairman Winton: OK. And so, what do you recommending Mr. Manager? What's the recommendation here? Joe Arriola (City Manager): I'm recommending Brown & Brown. Chairman Winton: I'm sorry? Mr. Arriola: We're recommending the firm of Brown & Brown. Chairman Winton: OK. Mr. Arriola: It's an appeal. Chairman Winton: And this is the appeal that -- Mr. Arriola: (INAUDIBLE) recommendation. Chairman Winton: OK. Alejandro Vilarello (City Attorney): Item CA -10 is the Manager's recommendation of Brown & Brown. There was a protest filed and your first order of business today is to consider the protest of the procurement officer and my office has reviewed the protest. The procurement officer has disapproved of the appeal. The Manager -- Chairman Winton: The procurement officer disapproved -- Mr. Vilarello: -- the appeal. Chairman Winton: the appeal. OK. Mr. Vilarello: The Manager has agreed with the procurement officer's recommendation. It now comes before the City Commission for approval or disapproval of the appeal. That's your first order of business. Chairman Winton: Are we required to hear -- is it the appellate, is that the term? Mr. Vilarello: Yes. Chairman Winton: Are we required to hear their presentation? Mr. Vilarello: Yes. Chairman Winton: OK. So, we've got the Manager's presentation. We've kind of reset the ground work here so we understand what we're dealing with. Commissioner Sanchez: Before we do that, I have one more question. Who were the raters who rated the -- Mr. Meyers: There were three of us, myself, a man name John Patillo (phonetic) who's a Risk Management Consultant and Elliot Fixler, who's acting Risk Manager for the City of Miami. Commissioner Sanchez: And the rating was Brown & Brown Inc., Semi Global Partners Inc. Mr. Meyers: Yes sir. Commissioner Sanchez: Arthur J. Gallagher and company and Aon Risk Service was last. Mr. Meyers: That's correct. Commissioner Sanchez: OK, and in the bidding, who was -- the lowest was Brown & Brown. Who was the second lowest? Mr. Meyers: The second lowest was Summit Level Partners though they were I believe, 135 on an apples to apples basis. Gallagher and Aon were in the $300,000 range. Commissioner Sanchez: I don't have that. Mr. Meyers: Just based on the current quotes, the City will save $200,000 per year fort the next three years at least for procurement of the insurance. Commissioner Sanchez: And that's taking in the percentage of the premium? Mr. Meyers: No, sir. Aon quoted in accordance with the RFP a flat fee arrangement so they will go from a — Commissioner Sanchez: OK. Mr. Meyers: -- from a commission arrangement to a flat fee arrangement and their bid for that came out to $300,000. Commissioner Sanchez: So, it's a savings to the City of $200,000 a year? Mr. Meyers: Yes, sir, that's on an apples to apples basis. Chairman Winton: OK, any other questions? Thank you. Yes ma'am. Lucia Dougherty: Good afternoon, Mr. Chairman, members of the Commission. My name is Lucia Dougherty with offices at 1221 Brickell Avenue. I'm joined today with my partner Simon Ferro and our colleague Alex Heckler. I'd like to first congratulate the Manager on his selection and wish his administration and him all the success for the City. We are here today representing Aon Risk Service Inc. of Florida which is the second largest insurance company in the world, headquartered in the City of Miami. With us this afternoon is John Belltron (phonetic) and Luis Sostray (phonetic) who are the account managers for Aon. By way of background, we have been your insurance managers for the last 12 years and consistently throughout those 12 years we have saved the City their property rates every year went down up until 9/11. For six out of the eight years, their property and insurance rates went down. We were the managers for the insurance when hurricane Andrew occurred. Based on our work with the City of Miami every single claim that the City ever claimed in hurricane Andrew was paid. We've been privileged to be the City's insurance broker during this last 12 years and just like every situation, 9/11 caused the insurance rates to increase for everybody so, that's not a surprise for anybody. What is a surprise to us, however, is that there was such an emphasis on the amount of money that would be paid to a broker. Since in fact, the City should be looking at is what is the best coverage your going to get for the lowest cost in terms of premium, but nevertheless, what we're really surprised about is that there was an emphasis on how much the broker is going to be paid when in fact, and it's not an RFQ it's not an RFP, it's what's called a request for letters of intent. In the request for letters of intent it said the insurance brokerage fee is going to be negotiable, negotiable, so really you should be looking at the very best insurance broker for the City and negotiating a fee because that's what your letter of intent said, which brings us to our first problem with this procurement. Number one, nowhere did it say in any of the RFP, in the record, anything, that you are going to have a grading system. That grading system came into effect after we submitted our bids, and in the grading system and I presented that chart and I think Alex Heckler sent out a chart, you have various things that the City had graded and allocated points to. Now, our first problem is that we didn't have the benefit of this grading system or this weighted system before we bid. Had we known that, maybe we would have bid a little bit differently in terms of a fixed price because we didn't understand that the fixed price was going to be that important to you since it said it was negotiable anyway. That was what your RFP said. Number two, if it's the goal of the City to get the best insurance coverage for the lowest price, it really -- the amount of money that you pay, number one, is negotiable, but that's little compared to how much you may end up paying in insurance premiums. Now, Aon has been able to get a quote for the City for the next three years frozen. A like of coverage for casualty that you can't get anywhere. It is frozen right now. If you take this away, that will cost the City $200,000 for the next two years. So, what you may be making up in -- losing in brokerage fees you're going to be making up in paying premiums. We think the second problem is that this is the most unusual scoring system that we have ever seen. In fact, your Procurement Manager has said he's never seen this happen before. I've been working in this area for 20 years. We've never seen it happen before, and in fact, your Procurement Specialist who was at the meeting when this the scoring system occurred, even didn't understand what was happening. Instead at the end of the thing, are you sure you want to recommend any of these because highest score was only 31 points? We think that the whole record in this case is problematic. We've looked at the record. We've read the transcript, which we've provided for you or we can provide for you, I'm not sure if we've done that yet. There was no discussion in the record about how they were going to score this. It just happened. All three of these board members came up with this particular, this peculiar kind of scoring system, which is fundamentally unfair, and let me explain why. Just look for example at outstanding claims against broker, just look at that one category. There are five points allocated to it. Now, what should have happened, and what Pam Burns thought was happening, is that everybody was going to be scored up to 100 points, in other word, you'll get up to 20 points for your proposer's overall qualifications, up to 15 points for your strategy, up to 30 points for the marketing expertise, up to 5 points for the outstanding claims and up to 30 points for the financial proposals. But what the committee did, is they actually allocated out of the 20 points they split up between the four bidders. So, how is that unfair? Just look at outstanding claims against the broker. You've got -- our response to that question is, we have no outstanding claims, but we get zero. The response from Brown & Brown is one, even though they didn't answer the question. They refused to answer the question and said, "That's attorney-client privilege, so we're not going to answer the question about how many claims," but they get number one, and the reason it's fundamentally unfair the way they did it, is because if all of us had no claims against, somebody's going to lose. It's sort of like saying to a -- children in school, well, we're going to allocate for 100 points for your papers but only one of you is going to get the 100 points, or we're going to divide up the 100 points between the four of you, somebody's going to fail here. So, if student number A gets 80 points, student number B can't get 80 points. Do you see what I'm saying? In other words, the system of scoring was fundamentally unfair and how can -- it allows for the situation where we got no points even though we had no claims against us, and Brown & Brown gets one point when they didn't answer the question. It's fundamentally flawed, the system of scoring. Like to talk a little bit about the record of how the scores occurred as well. There was at the, there was a first committee meeting in which they decided you take home the responses to the letters of interest, you come back when you have a preliminary scoring and after you get some more input from the responses, in other words, there were some clarifications, then you're going to score it again. What happened at that time is, board member Patillo came out and said at the second meeting that he found us unresponsive while he was the that is Aon, unresponsive when he was the -- insurance manager, and therefore he was going to give us low points on that system on that one evaluation. Well, number one, he's had no experience with the other two, so how could he use his experience with us? Now, we refused to accept that as a premise and I'm going to ask Alex Heckler to show you the emails that were sent to the City back and forth from the City in one year, number one, and number two, to Mr. Patillo himself, in one year. Alex just put it right -- Commissioner Sanchez: Oh, God, here we go with (UNINTELLIGIBLE). Ms. Dougherty: So, besides that, besides the fact that they are saying that we were unresponsive, we dispute that. But, nevertheless, here's what happened. He said we're going to grade you, and we're going to grade you down on that one area, but he didn't grade us down on that one area, he graded us down on every area. Now, here's what happened next, board member Fixler, says, "You know what? I forgot my rating at home," or "I don't know where my rating system is," so they go off the record, they turn the record player off, or the recording off. They go off the record, they come back on the record and all of a sudden everybody has the same kind of scoring. No discussion about how this was going to occur. They all come back with exactly the same score. In fact, in one place, they sort of laugh and board member Patillo said you must have copied my scores, so we think that this is a fundamentally unfair system. We think it's fundamentally unfair the way the ground rules were laid out early on in this process by Pam Burns who said, "You are to grade these only on the responses." You are not supposed to use your expertise as the City's Administrator to say that these are good or bad because they don't have any experience with the other ones, your suppose to use your expertise as in the insurance world to grade these letters of interest. I just wanted to talk about for example, how the system lead to some other unfairness. Chairman Winton: How much longer are you going to go, Lucia? Ms. Dougherty: I don't -- you know I'm pretty conservative with words so, I won't be long. Chairman Winton: Thank you. Ms. Dougherty: You're welcome. The references that were submitted for example, references for Arthur J. Gallagher, excellent, all of them. The references for my client were excellent, all of them. When it came to Brown & Brown, here's the references, did the vendor provide the services -- this is from Volusia County -- did the vendor provide the services timely, and did they respond promptly to your request for services? Usually. How would you rate there results of your utilization of the vendor on the following scale? Satisfactory. Would you recommend the vendor to provide insurance services and would you use the firm again in the near future? Only if I had to. When they asked the City of Miami Beach about Gallagher and Basset and again Gallagher and Basset got excellent recommendations, they said, sure we'd use Gallagher, they were the only insurance broker that could get the insurance and lock it in all of Florida. Others such as Brown & Brown, have advised they could not secure that kind of coverage. So, you have -- this could be a clue, in your references that you out to look to see whether or not Brown & Brown could actually perform under what you're seeking in the City. Then we have the number two selected proposer. Let me tell you about their references. They have no references that panned out. First one, New York City Housing Authority, they've never used Summit Global. Second, Metropolitan Government of Nashville, spoke to both the finance and risk, have never used Summit, so Pam Burns your Procurement Specialist told the committee they can't even consider Summit Global. Notwithstanding that, Summit Global comes up number 2 in terms of the overall professional qualifications, the point in which these recommendations are. So, this system has caused a situation where it is a fundamental unfairness about how they have graded. The Manager in his recommendations said the scoring of the references -- if this was not an unfair situation and it wasn't tilted towards one or the other because in fact he says Arthur J. Gallagher in one category came up as the number one for all of them. Well, if you take his analogy for that particular category, Arthur J. Gallagher came up number one in three out of the five in title number four so, they should be your selection. So, I'm saying to you that this system of scoring was fundamentally unfair and let to an arbitrary and capricious result. Alex also sent - - provided for you the submission requirements and what was lacking in each of the bidder's proposals. Brown & Brown did not provide the requested information about the outstanding claims as mentioned. They didn't provide examples of management information or reports or actuarial services. They didn't provide complete responses to exposure and identification and the evaluation of assistance. There are -- this process is replete with things that were left out and the City Manager says well, that's OK, we don't have to throw out the RFP because these things are left out. I agree, you don't have to, but how can you evaluate them? How do you evaluate somebody who's left these things out compared to somebody who's been there for 12 years and had all the responses? So, in summary, there was no weighted system given to us before it happened. You gave great weight to how much the price was and then at the same time you told us it was going to be negotiable so, what difference does it make really what the price is you can negotiate with be best bidder. There was a peculiar method of scoring that nobody has ever heard of and in fact Pam Burns at the end of the scoring says, "You know what? The highest bidder only got 31 points. Don't you think we ought to start over again? Do you want to recommend anybody?" Member, board member Patillo, gave his personal views on the item instead of using his expertise to look at the RFP and decided based on what the RFP said. The second highest ranked propose misrepresented their references or didn't have any references. One board member gave scores after they went off the record and were so closely done by the one that was -- the one that had indicated to score us prior to the first one. So, we're urging that the City Commission throw out the proposals, start fresh in either two ways. Either start fresh by having this same process in a fair way and understand the rules of the game prior to bidding or otherwise bid out every piece of insurance. For example, the fastest, the most expeditious and the cheapest way to make sure that you're getting the best coverage is put out your property insurance, put it out and say we'd like $20,000,000 worth of property insurance, who's going to give us the lowest bid? How much are you going to pay for the property insurance? That's really the issue, not how much you're going to pay your broker, and we would urge you to throw out those bids. Chairman Winton: Mr. Manager. Mr. Arriola: I just want to go on record, everybody's been going on the record, I just want you to know that what was Brown & Brown if I had any option, Aon would not be an option that I would recommend under any circumstances. Commissioner Sanchez: Excuse me, I didn't hear that. Mr. Arriola: That I just want to go on record that whether we -- it's Brown & Brown or somebody else, I want to go on record that I would never recommend Aon as our broker, whether you pick Brown & Brown or not. Aon to me has been -- their record from what I've seen is poor, unresponsive. We sent eight letters to Aon including a certified letter. We never got a call back in the history of this whole thing where now they're coming back with a much lower price than what they charged us last year. If I were to go back 12 years, I wonder how much money it would have cost the City, this whole process. So, I'd be delighted to defend our point system and why we scored it, but I feel really comfortable but I know what I'm doing and I'm making the recommendation to this board to approve Brown & Brown. Chairman Winton: Do you have -- any of your staff have anything else to say or are we ready to go? Tell me, Mr. Manager. Mr. Arriola: If you have any questions about point system, we'd be delighted to answer it and I have someone here that was a participant and would be delighted to answer any question you have. Chairman Winton: Well, I've like to start off with a comment and that is I think Commissioner Teele said this the last time that we had this kind of thing. We've been very fortunate as a City Commission that we haven't had a situation where we've had lots of lobbyist around on procurement issues, and the reason for that is because we've tried to pay -- we've tried to stress to management that they need to do these things the right way. There may be mistakes but we're expecting that y'all will correct those mistakes and we have tried not to get in the middle of procurement and I feel very strongly that way right now. I would say however, that not being involved in this process at all and listening to the presentation, there were plenty of points in there as an outsider that sounded very logical. So, but, in terms of where I'm going to come from, I'm not going to recommend that we change the recommendation of the management. I will simply say however, that as a public policy person up here, that I'm going to remember what those comments were very clearly and the burden from my view and I'm only one vote here, the burden is on you all to make sure that you perform and if all of these concerns that have been described to us come back as truths, then I think that we'll all have some different conversations. Yes, sir, Commissioner Teele. Did you say? Commissioner Regalado: No, he just -- Commissioner Sanchez: He walked out. Chairman Winton: OK. Anyone else? Commissioner Regalado: Mr. Chairman, I have a question. Chairman Winton: Yes, sir. Commissioner Regalado: Mr. Manager, about what you said about charging less this year and who knows what we paid before, but we all know about the crisis in the insurance business. Until we don't get rid of this three person board, the insurance will get their way, and all the raises that they want, they will get it. Is she saying what could happen that we are going to save $200,000? I mean, is that the amount that you figure? Commissioner Sanchez: We don't know. Mr. Arriola: We don't know yet. They are just speculating on something that we have no -- we have to go out to the bidding process and do it. I feel real comfortable that we will get much better rates, sir. I feel very comfortable with that and you can hold me for that. Commissioner Sanchez: Mr. Chairman. Chairman Winton: Commissioner Sanchez. Commissioner Sanchez: Mr. Meyers, you were part of the rating team. Do you believe that this was a fair process to take that you took? Mr. Meyers: Absolutely, sir. Commissioner Sanchez: And do you feel that this is in the best interest of the City of Miami? Mr. Meyers: Yes, sir, it is. Commissioner Sanchez: Mr. City Manager, do you believe this is in the best interest of the City of Miami? Mr. Arriola: Absolutely. Chairman Winton: May I make one more comment, and this is directed directly to you, Mr. Manager. I would like to take exception to the point and as a policy guy, I want to put this on record. I would not -- I'm absolutely dead set opposed to the concept that we wouldn't do business with Aon. They've played by our rules in the past. We've smartly changed the rules, we're looking for a new way but they played by the rules in the past. They're a very reputable company. They also happen to have their offices in the City of Miami paying taxes and fees and everything else and I would personally would welcome Aon to the table every single year or every time we have an opportunity to bring them to the table to bid on services that they're qualified to provide, so I just want to get that -- Mr. Arriola: I agree with you. What I said was on this year's proposal. Chairman Winton: OK, I didn't understand. Mr. Arriola: In this year's proposal. Chairman Winton: So, that's real clear. In the future we welcome Aon to the table at all times, because y'all are a heck of a company and very reputable. Yes, sir. Commissioner Sanchez: And I would want to, when we're ready to vote I think, I would be amending this resolution to a one year with an additional one more year instead of the four years. That would allow us to go back to the table and maybe it was a benefit to the City we would continue. I mean, I hate to go back into the old ways where we commit ourselves for X number of years. I mean, if we can negotiate every year or maybe we could drag it out to three years we could sit back again and find what is a savings to the City, what is more efficient to the City, and what's in the best interest of the City, then I think that's more manageable than -- Chairman Winton: Are you making a motion, Commissioner Sanchez? Commissioner Sanchez: Yes, to amend, because here it says one year with an option to extend for -- excuse me. Vice Chairman Teele: Who made a motion? Chairman Winton: I asked if he's making a motion. Commissioner Sanchez: Yeah, the motion is to amend -- Mr. Vilarello: Mr. Chairman. Chairman Winton: Yes. Mr. Vilarello: The order of business is the appeal. Commissioner Sanchez: OK, motion to deny the appeal. Chairman Winton: We have a motion to deny the appeal. Do we have a second? Commissioner Teele, would you -- Vice Chairman Teele: I would second the motion. Chairman Winton: Thank you. Vice Chairman Teele: Discussion. Chairman Winton: OK, we have a motion and a second. Discussion, Commissioner Teele, you're recognized or Vice Chairman Teele, I'm sorry. Vice Chairman Teele: I just said I second the motion for discussion. Commissioner Sanchez: We've discussed it already. Chairman Winton: OK. Vice Chairman Teele: Johnny's discussed it. I've heard no word from Angel or Commissioner Regalado. Commissioner Sanchez: Well, you just got in and you stopped to get some M&M's on the way in. Chairman Winton: Any further discussion? Commissioner Regalado: I still -- you know, I trust completely the Manager's sense of business, but this information that I was given here in terms of the different companies that did not provide this, did not identify. I want the City Attorney to tell me if there's substance to -- that this can be questioned and this was provided by the appellants so, not by the City. So, you have that? Mr. Vilarello: Yes, the RFLIs (Requests for Letters of Intent) are a much more informal process than an RFP or sealed bid process so, the process that is authorized under the code, the procurement that took place is within the requirements of the code. The items that were not provided were not mandatory submissions that were required so, legally speaking, the actions of the review committee were not arbitrary, were not capricious and within their legal boundaries. Chairman Winton: Any other discussion points? Vice Chairman Teele: I'd like to just ask two or three points of the Manager and the Attorney. Mr. Attorney, procedurally, the motion on the floor is to deny the appeal. What are the City Commissions options if the appeal is denied? Mr. Vilarello: You can then consider the Manager's recommendation on CA -10 and confirm the Manager's recommendation, or you can reject all bids. Vice Chairman Teele: So, the option that the Commission will have before it, if we deny the appeal would be we could approve the Manager's recommendation and we can't -- so can we modify the Manager's recommendation for Commissioner Sanchez is interested in making it a one year contract with a one year option -- Mr. Vilarello: No, I'm sorry sir, you can limit the award. I thought your question was award to someone other than -- Vice Chairman Teele: No, I didn't say -- that wasn't my question. My question was hold it, my question was, what are the options of the Commission if we deny the appeal, that's all I asked. Mr. Vilarello: You can accept the Manager's recommendation, you can modify the Manager's recommendation with regard to the term, as Commissioner Sanchez suggested. Unidentified Speaker: Or reject it. Mr. Vilarello: All of the proposals. Vice Chairman Teele: Could we also delay this and require that all of the offeror's respond fully to all of the -- I mean, Lucia got a federal case here. We need to have a complete record to make our decision on. I don't like make -- you know, normally it wouldn't matter, but if there are questions that have not been answered by any of these bidders, I think we have the right to ask that they be answered. Mr. Arriola: Excuse me, to the satisfaction of our staff and to myself -- Vice Chairman Teele: No, I'm talking about to the satisfaction of me casting a vote. Mr. Arriola: OK, well, I want you to know that delaying this is precisely a tactic they are using because if we don't go to market now we're not going to be able to get (UNINTELLIGIBLE). This is nothing but a delay tactic. Vice Chairman Teele: Delay tactic by who? No one has called me or talked to me on this item. Mr. Arriola: Well, there not -- Vice Chairman Teele: I did not even hear most of the presentation so, I want to know who is attributing a delay tactic to me? Mr. Arriola: I am not saying that you're using delay tactics. What I saying is anything that will delay it will end up costing us more money, sir. Vice Chairman Teele: Well, I think that's a very strong statement for you to make. Mr. Arriola: It is a strong statement. Vice Chairman Teele: When's the last time this was bid? Mr. Arriola: Pardon? Vice Chairman Teele: When's the last time — Mr. Arriola: Twelve years ago, sir. Vice Chairman Teele: So now, we're right back to where we've always been on this Commission that we don't act right here and now we got to walk the gangplank. See that's — gentlemen, let me tell you, I saw that every time staff comes up here and says you got to act today. We had this today. Have we had it before? The management has had it for 12 years since the last bid the management? And now all of a sudden we've got to act today? No, sir. I'm not going to ever be put in a position, ever, where we got to act today when it has not been here before. If we have been dilatory -- when did the bid proposals come back into the City staff? When were the proposals back before the City staff? When did the bids get back -- when were the submitted -- when was the closing date? Mr. Meyers: December 24th, sir. Vice Chairman Teele: So, December 24th which is 45 days from today's date, the staff has got it and we get it for one day or literally for six days and we got to act? I beg to differ, sir. I beg to differ very strongly. This Commission can not continue to be put in a box every time staff comes up with something and they even hold things. I let the City Attorney off the hook a couple of weeks ago on that school board stuff where there stuff got held. The school board got presented the interlocal agreement two months ago, but if we didn't act that day, then we stand the risk of losing money, and that's the stuff that's got to stop, Mr. Manager. You can not put us on a gangplank like Captain Hook and tell us we got to you know, walk the gangplank or act. Mr. Arriola: What I'm trying to stop, sir, is that the 12 years the administration did not do their job and did not bring this up for bid. It's been 12 years with somebody getting annual renewals without going through a bidder process. I'm not going to allow that on my administration. Vice Chairman Teele: I agree with you, but sir, you've got to give us ample time to consider things and to ponder things and to be deliberate about certain things. I think if there are open questions and I don't think that there's anything wrong with asking everybody to fill in all the -- answer all the questions. What's the hot button -- Mr. Arriola: Do you have any questions? We'd be delighted to answer any questions you have. Vice Chairman Teele: I have no questions other than the fact that it is represented on the record that there are open questions and I don't know whose document this is that was on my desk here. Mr. Vilarello: Mr. Chairman. Vice Chairman Teele: It says Aon is the only response. Brown & Brown, is that the recommended? Did not provide the requested information regarding outstanding claims, OK. How many outstanding claims does Brown & Brown have? Chairman Winton: Excuse me. Vice Chairman Teele: No, excuse me, I have the floor. How many outstanding claims Mr. Manager, does Brown & Brown have? Mr. Arriola: Sir, this paper was just given to us five minutes ago -- excuse me. This paper was given to us five minutes ago by Aon and none of this questions need to be answered because we already answered it though the bidding process. This is nothing other than (UNINTELLIGIBLE) little more questions into this picture. Vice Chairman Teele: OK, then forget Aon whoever they are. I don't know them, never met the principal to my knowledge, don't know them. Ms. Dougherty, have I ever talked to you about this subject matter? Ms. Dougherty: No, sir. Vice Chairman Teele: OK, is anybody on Aon side had any conversation with me other than when I walked out in the parking lot this morning and somebody asked me was I going to be here and to carefully read the documents? Ms. Dougherty: I don't know of anybody. Vice Chairman Teele: I can tell you on the record that nobody has talked to me about this other than this morning when someone said to carefully read the documents relating to this so, I want to put that on the record. No one, my right hand to God. OK, now I'm asking the question, how many outstanding claims does Brown & Brown have, I want to know. Chairman Winton: Commissioner Teele, could I ask you a question before we get to that? Would you like to in terms of process here, we can walk through in this meeting all of the questions that you or anybody else might have and get them answered. There might be another approach and that is to, and I'll have to ask the City Attorney, we might defer this item until the next Commission meeting -- Vice Chairman Teele: That was my question but the Manager strongly objected. Chairman Winton: I know but I'm coming back there so, I'm just coming back there. Commissioner Gonzalez: Commissioner Teele -- Chairman Winton: Hold on, till the next meeting so that the management team can meet with anybody on this Commission in the comfort of their office and ask, without any hurrying ask any question that they want to ask, answers to every question that they want to ask, and Mr. City Attorney, I mean, can we do that as well? Mr. Vilarello: Mr. Chairman, the bid protest was received and the response of the bid protest was given out all within the last 72 hours so, it would certainly be appropriate for you to consider both the protest and the response so you have an opportunity to review it and consider it at the next meeting. To the extent that creates a problem -- Vice Chairman Teele: No, no, the Manager said to me that by delaying this thing I'm going to cost money see, and that's one of those pregnant kind of statements gets spread on the record. See, I've been in this business long enough to know when somebody says you're going to cost you money you know, it's close as I want to be to a set up, and that's what infuriates me that I can't ask a question now I'm being put in a straightjacket. I will not be put in a straightjacket on this Commission dais. I'm going to be free to ask questions. Chairman Winton: Commissioner Teele. Vice Chairman Teele: And that Manager who said that nobody can talk to City staff, that's a whole other issue that I want to understand where we going in this place -- Chairman Winton: Commissioner. Vice Chairman Teele: -- because if somebody said I can't ask questions, or my colleagues can't ask questions, we are going to have a problem around here. Chairman Winton: Commissioner Teele, I'm -- Vice Chairman Teele: I withdraw my motion. Commissioner Gonzalez: Mr. Chairman. Vice Chairman Teele: I withdraw my second. I know how to handle this. Commissioner Gonzalez: Mr. Chairman. Chairman Winton: Yes. Commissioner Gonzalez: I happen to agree with first of all, I have a question for the City Attorney. If this question on -- where did the request came from? Mr. Vilarello: The item -- Commissioner Gonzalez: Did anybody -- did they -- were all the companies that bid in this process were supposed to respond to this question, yes or no? Mr. Arriola: No. Commissioner Gonzalez: They didn't have to respond to this question? Chairman Winton: These questions were created by Aon and given to all of us -- Ms. Dougherty: No, that was in the letter -- the request for the letter -- the request for the letter of interest had all those as things that they would consider. What the City Attorney is telling you is that they are not required to be in there, but how do you evaluate them if they're not? That's my point. Commissioner Gonzalez: But were they in there? Chairman Winton: Excuse me, excuse me. Ms. Dougherty: They were part of the -- Chairman Winton: You are not recognized. Ms. Dougherty: Sorry. Chairman Winton: We were having this discussion and you jumped in with an answer that wasn't -- I don't think was factually correct and so, where did this come from? Mr. Vilarello: Can I address that? Chairman Winton: Yes, please. Mr. Vilarello: That document is a summary and an outline of the bid protest. Commissioner Gonzalez: It was part of the bid? Mr. Vilarello: That document in and of itself was not -- it's a compilation and a summary of their protest. In your package before you, you have Michael Rath's detailed response to the bid protest which addresses each of those questions to the extent that it addresses it and Michael Rath is here to address that if you like to address the particulars of the process. Ms. Dougherty: May I say one thing, Mr. Chairman? Commissioner Regalado: But when -- did we get that this morning, the response to the bid protest? Mr. Arriola: This was given to us five minutes ago. Commissioner Regalado: No,no, Mr. Manager, (UNINTELLIGIBLE) response. Mr. Vilarello: The protest came in February 10th the response -- Commissioner Regalado: No, no -- Mr. Vilarello: The response to the bid protest was prepared and distributed on the 12tH Commissioner Regalado: On the 12tH Commissioner Gonzalez: Commissioner. Commissioner Regalado: It's not on the agenda, Joe. Commissioner Gonzalez: If you would allow me. Commissioner Regalado: Sure. Commissioner Gonzalez: I also support the position of Commissioner Teele. I have seen for years and years and years, that things are thrown and not even before being a City Commissioner, seating as a part of the public, things thrown in front of the Commissioners and tell them you have to vote on this today, otherwise, the world is going to blow tomorrow if you don't vote on this today. I mean, it's very, very hard to put us in that type of position, especially when we have this type of conflicted things in here like. You know, I also would like to know why these questions are not answered? What is the problem with not answering the questions? Mr. Arriola: We have no problem. We have somebody that will answer his questions. Chairman Winton: Excuse me, Commissioners, we have two choices here. Hold on, hold on, let me outline, there's two choices, I know but we still have two choices. We can right now go through all these questions and have staff answer them right here, right now, today, or we can defer this item to the next Commission meeting, rehear this thing and give staff an opportunity to go and visit with every single commissioner who wants a visit from them to deal with all these questions, and I'm just the Chairman. Y'all decide which process you would like. Commissioner Gonzalez: Mr. Chairman, since Commissioner Teele withdrew his second and there's not a motion on the floor, I move to defer the item. Chairman Winton: So, we have a motion to defer it to the next Commission meeting. Commissioner Sanchez: To the next Commission meeting. Commissioner Gonzalez: Yeah, I'm going to second the motion, because I was just handed this and this is supposed to be the answer to all of the questions and this was given to me this morning at the City Commission. I mean, am I supposed to say, colleague, excuse me, Mr. Chairman, I want to retire and go to my car to read this answer so I can be ready at 3 o'clock? This is exactly the same thing that happened at the last Commission meeting when an item was brought up to us and thrown in front of us for us to vote on it. And I have to -- I agree 100 percent with Commissioner Teele, and also I don't like to be put in that position to vote on an issue where I'm not familiar with, and I have taken that position at the CRA (Community Redevelopment Authority). I have taken that position at the Sports Exhibition Authority, and that if going to be my position with (UNINTELLIGIBLE). If I don't understand an item, if I'm unsure what I'm voting on, I just not going to vote -- Chairman Winton: (UNINTELLIGIBLE) that you don't have the documentation. OK, we have a motion and a second to defer. Any further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 03-166 A MOTION TO DEFER CONSIDERATION OF PROPOSED FIRMS TO PROVIDE INSURANCE BROKERAGE SERVICES TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR FEBRUARY 27, 2003. Upon being seconded by Commissioner Gonzalez, 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. 30. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND AUTHORIZE PURCHASE OF ONE HUNDRED FIFTY 2003 CROWN VICTORIA POLICE PURSUIT VEHICLES, FROM GUS MACHADO FORD, FOR DEPARTMENT OF MUNICIPAL SERVICES, FLEET MANAGEMENT DIVISION, TOTAL $3,449,250; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROGRAM. Chairman Winton: I think we go to Item Number 15. This is ratification of emergency purchase of police -- Vice Chairman Teele: So move. Chairman Winton: -- vehicles. Commissioner Gonzalez: Second for discussion. Chairman Winton: We have a motion and a second. Discussion, you are recognized Commissioner Gonzalez. Commissioner Gonzalez: I need someone from the representative from the Police Department or Purchasing, whatever. I understand that they have about between 50 and 70 cars at GSA (General Services Administration) that have been sitting in there forever. They are being striped, lights are being installed on them now, and I mean, I'm going to look into it deeper, but I understand that we have exhausted the guarantee on those cars. What I want to make sure before I vote on this is that if we're going to buy another 75 cars, or 100 cars -- because we going to put in the service tomorrow or as soon as we get them. Not to lay in the parking lot for three years and by the time that we start using them we already don't have a guarantee on it, so you know, we have to coordinate to make sure that the vehicles and the money that we are spending we are spending it because we want to put it to use to the public. Victor Monzon-Aguirre (Chief of Neighborhood Services): Commissioner, I'm not aware that they've been -- not in service that long. I know that there are a lot of deliveries where recent, vintage of cars came in through this order that was ratified recently or what is being asked to ratify. There has been an issue on the light bar. The original bid there was a protest or it was rejected and we're going to start a new bid. The bid has been received again. It's going to be on your next agenda we can start bringing the light bars on the cars that were recently delivered. I do not know what you just said about vehicles being there for three years, to my understanding, I'll get back -- you know, at the next Commission meeting I'll give you a report as to when we received those vehicles -- Chairman Winton: You need to put your name and address on -- Mr. Monzon-Aguirre: I'm sorry, Victor Monzon-Aguirre, Chief of Neighborhood Services. Commissioner Gonzalez: OK, well, could you please give me a report of what is going on with the cars at the GSA parking lot that has been there sitting for -- Chairman Winton: Are those brand new cars? Commissioner Gonzalez: Yes, brand new. Brand new cars. Chairman Winton: I think that's a report that we would all be quite interested in so, you'll be coming back to the next commission meeting? Mr. Monzon-Aguirre: Yes, the second which is my 14th __ Chairman Winton: I understand. Mr. Monzon-Aguirre: -- I'm trying to find all the information -- Chairman Winton: We understand so, next Commission meeting you'll bring that back. Commissioner Gonzalez: I understand and I know you were not here when the cars were ordered and I know the cars have been there because I've been going for an entire year to the Solid Waste committee meetings and I have seen them out there. Chairman Winton: Well, it's also an issue, and you have all spoken on this over and over, every one of my colleagues and you are here, but we're ratifying an emergency purchase. Now, for the life of me, I don't understand how the purchase of vehicles -- Commissioner Sanchez: Is an emergency. Chairman Winton: -- this many, is ever an emergency. So -- Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes sir. Vice Chairman Teele: I'm sure Mr. Monzon, but, this is a unique item where the bid price is actually below the state bid price level. This is a deep discount. Chairman Winton: Oh, that's the reason for the -- Vice Chairman Teele: And to get -- take advantage of the -- Mr. Monzon would you want to -- Mr. Monzon-Aguirre: Well, I can answer the question Commissioner, but you're doing a fine job for me. The vendor that we had in the contract came with an offer because special incentives that they could sell us the car at a lower price. We seized the opportunity. Regrettably, we had a small window to do it and the former Manager decided to go ahead and buy the cars. We had checked, make sure they were still cheaper than the state contact for the same 2003 model. We were able to get into the production line those cars, so, therefore, there's a delivery. The delivery was quicker than we anticipated, we expected to be in April and we got them earlier than that. Chairman Winton: And could I make a request of you? That kind of information is something that our public, our constituents are very interested in. That suggests that we're being smart about the way we do things and also suggests that we're not being -- that we are being smart about this 4 -5th emergency vote. That means management -- so, when you come up in the future and we've done these kind of smart things, let's immediately put that on the record so, the public who kind of listens to this doesn't say, why is this an emergency ordinance so, thank you. OK. Commissioner Sanchez: Mr. Chairman, so move Item 15. Vice Chairman Teele: I move it. Commissioner Gonzalez: Second. Chairman Winton: It's already moved and -- motion and a second. Further discussion? Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes. Vice Chairman Teele: The thing that I guess, that should be on the record and I guess this is sort of a notice to the Manager. This is a ratification in effect, this occurred in November. Joe Arriola (City Manager): Yes, sir. Vice Chairman Teele: It may be good if we would take about 30 days and ask all the departments to flush out all of the and then try to -- I'm proposing what's the word in law where you have -- Mr. Attorney, an amnesty period. Mr. Arriola: Amnesty period. Vice Chairman Teele: We ought to pass a resolution giving the current Manager a 30 day amnesty to bring forth all of the previous purchases that have been made because you know, if history is any guide, every Manager that has come there has had to bring forth some of the other Manager's stuff and it can be embarrassing and it's no -- I think we ought to try to ask you -- respectfully ask you to get -- go through every department and have them get them up here by the 30 days so that we can take all of these items on because I can assure you, Mr. Manager, that this isn't even the tip of the iceberg. Mr. Arriola: My estimate is between $18,000,000 and $19,000,000, sir. Vice Chairman Teele: 18,000,000 to 19,000,000 what? Mr. Arriola: Emergency items that I'm going to have to bring in in the next 30 days. Chairman Winton: Ratification -- Mr. Arriola: Ratification. Chairman Winton: -- or past tense. Mr. Arriola: Yes. But I will flush it out and I will hopefully be finished -- not hopefully -- we will be finished within the next 30 days. Vice Chairman Teele: Thank you for bringing it forward. Commissioner Regalado: Did they buy Rolex for everybody that was retiring or what? Mr. Arriola: Not quite, but $18,000,000 is a lot of money. Chairman Winton: Yeah, OK, any further discussion on this item? Being none, all in favor, 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- 167 A RESOLUTION OF THE MIAMI CITY COMMISSION RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND AUTHORIZING THE PURCHASE OF ONE HUNDRED FIFTY 2003 CROWN VICTORIA POLICE PURSUIT VEHICLES, FROM GUS MACHADO FORD, FOR THE DEPARTMENT OF MUNICIPAL SERVICES, FLEET MANAGEMENT DIVISION, WITH A FIVE-YEAR/75,000-MILE BASECARE EXTENDED WARRANTY, IN AN AMOUNT NOT TO EXCEED $22,995 PER VEHICLE, FOR A TOTAL AMOUNT NOT TO EXCEED $3,449,250; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROGRAM PROJECT NO. 311850.429401.6.840. 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 Sanchez: Mr. Chairman, Mr. City Manager, are you -- is the administration doing an inventory on all vehicles? Mr. Arriola: Yes, we are, sir. Commissioner Sanchez: That includes Police, Fire and GSA? Mr. Arriola: Yes, sir. 31. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY TO SELL NINE CITY -OWNED DAMAGED SURPLUS VEHICLES TO FF2 PRODUCTIONS, LLC., FOR FILMING OF "FAST AND FURIOUS II,", $9,800. DIRECT MANAGER TO ALLOCATE $9,800 TO ARTS AND ENTERTAINMENT COUNCIL FOR PROMOTION OF FILM PROJECTS IN CITY. Chairman Winton: OK, we have another -- Vice Chairman Teele: So move, Mr. Chairman. Chairman Winton: Item 16, got a motion. Commissioner Gonzalez: Second. Vice Chairman Teele: Question. Commissioner Regalado: Question. Chairman Winton: Question, Commissioner Teele then Commissioner Regalado. Commissioner Regalado, then Commissioner Teele. Commissioner Regalado: This is for the next filming here or are this -- Chairman Winton: No, this is for the ratification -- Vice Chairman Teele: For the previous filming. Chairman Winton: This is a rat -- Commissioner Gonzalez: A ratification. Chairman Winton: It's already done. Commissioner Regalado: OK. Let me ask you, Mr. Manager, is this money was paid already? Vice Chairman Teele: Yes, it's gone. Joe Arriola (City Manager): I'm pretty sure it was paid, sir. I'm not 100 percent. I'll check on that. Commissioner Regalado: Did it went [sic] to the General Fund? Mr. Arriola: I can not answer that. I would have to check. Victor Monzon-Aguirre (Chief of Neighborhood Services): Commissioner, I can answer that question myself. It went to General Fund and right back into CIP (Capital Improvement Projects) for future purchases. Vice Chairman Teele: Ms. Haskins, Ms. Haskins. Commissioner Regalado: No, no, no. These are old cars that were sold for near $9,000 to -- Vice Chairman Teele: 1200. Commissioner Regalado: No, no, $9,000 in total, to the producers of the Fast and the Furious right? Chairman Winton: That's correct. Commissioner Regalado: Now, my -- I would like to amend this motion because see, the only way to make money is to spend a little money so, I would like to amend this motion to transfer this exact amount to the Arts and Entertainment Council so they can use that money to do projects regarding future filming in the City of Miami. Chairman Winton: Does the maker of the motion accept the -- Vice Chairman Teele: No, but I would second a motion to make available the same amount of money from an appropriate funding source, a meet today. I don't know how (UNINTELLIGIBLE) Commissioner Regalado: I don't know either. Vice Chairman Teele: But all you want is the $9,800? Chairman Winton: Right. Vice Chairman Teele: And I'll support you -- Commissioner Regalado: Look, and Art, this is about a symbol. This is about the City Commission -- Vice Chairman Teele: I accept the motion. Commissioner Regalado: -- supporting the Art and Entertainment Council. Chairman Winton: Would the maker -- Vice Chairman Teele: I accept it. Chairman Winton: Does the maker of the second accept the modification? Who made the second? Commissioner Sanchez: Teele did. Vice Chairman Teele: No, I made the motion, you seconded, didn't you? Commissioner Regalado: I second it. Chairman Winton: OK, so the second clearly accepts it so, we have further discussion on this item? We have a motion, a modification of the motion. All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. The following resolution and motion were introduced by Vice Chairman Teele, who moved for their adoption: RESOLUTION NO. 03- 168 A RESOLUTION OF THE MIAMI CITY COMMISSION RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY TO SELL NINE CITY -OWNED DAMAGED SURPLUS VEHICLES, AS DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, TO FF2 PRODUCTIONS, LLC., FOR FILMING OF THE MOTION PICTURE "FAST AND FURIOUS II," AT A FAIR MARKET PRICE OF $1,200 PER VEHICLE WITH LIGHT BARS AND $1,000 PER VEHICLE WITHOUT LIGHT BARS, FOR A TOTAL AMOUNT OF $9,800; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. MOTION NO. 03-168.1 A MOTION DIRECTING THE CITY MANAGER TO ALLOCATE $9,800 TO THE ARTS AND ENTERTAINMENT COUNCIL FOR THE PROMOTION OF FILM PROJECTS IN THE CITY OF MIAMI. Upon being seconded by Commissioner Sanchez, the resolution and motion were 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: Mr. Chairman, may I inquire, are these the only cars that were used in the Fast and Furious? Chairman Winton: No, they had their own cars as well. Vice Chairman Teele: No, I'm saying, are these the only City cars that we used? Mr. Arriola: That's my understanding. Chairman Winton: I'm not sure of that. Vice Chairman Teele: Well, it would have been nice maybe if we had kept one back. It certainly would be a nice museum piece perhaps but you know, it's done, it's done (UNINTELLIGIBLE). MSEA (Miami Sports Exhibition Authority) could put a fast and furious car right up there like they do at that fire -- Commissioner Regalado: Yeah. Vice Chairman Teele: -- that police — Chairman Winton: Right. Vice Chairman Teele: -- thing on Biscayne and -- Chairman Winton: I think it's going away. Vice Chairman Teele: They're moving to Orlando somewhere. Chairman Winton: Somewhere. 18 we decided before the last Vice Chairman Teele: I move item 17 Mr. Chairman. Commissioner Gonzalez: Second. Chairman Winton: 17's been passed. 17 was already passed. Commissioner Gonzalez: Oh, it was already passed. Vice Chairman Teele: Item 18. Chairman Winton: So, 18 we can't, 18 needs to go -- Alejandro Vilarello (City Attorney): Deferred to the -- Chairman Winton: Yeah, to the next Commissioner meeting because we need to get a copy of the budget and the Manager needs to get a copy of the budget. 32. CONFIRM APPOINTMENT OF LORETTA COCKRUM, CARLOS MIGOYA, JORGE PEREZ, AND SERGIO ROK AS MEMBERS OF BOARD OF DIRECTORS OF DOWNTOWN DEVELOPMENT AUTHORITY. Chairman Winton: So, we vote on 19. Commissioner Gonzalez: We got to go to 19. Commissioner Sanchez: Conformation hearing too? DDA (Downtown Development Authority) (INAUDIBLE). Vice Chairman Teele: No, no, I move item number 19 notwithstanding the conformation issue. Commissioner Gonzalez: 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 Vice Chairman Teele:, who moved for its adoption: RESOLUTION NO. 03-169 A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE BOARD OF DIRECTORS OF THE DOWNTOWN DEVELOPMENT AUTHORITY FOR TERMS 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. 33. DIRECT MANAGER TO HAVE EXECUTIVE SUMMARY ON CITY FINANCIAL SITUATION ON MONTH -BY -MONTH BASIS. Chairman Winton: 20 done, 21. Unidentified Speaker: 20 was deferred. Chairman Winton: Anything on 21? Discussion item. Vice Chairman Teele: Update on the budget. Chairman Winton: We want to hear the update on the budget? Commissioner Gonzalez: Sit tight. Linda Haskins: Linda Haskins, Chief Financial Officer. We are in the process of changing the way we do the financial reports so, we'll be able to give you more timely financial reports in more of an executive summary. In looking at the information right now through December, we have some positives and we have some negatives that we're seeing. We're not seeing any significant trends either way going off budget for the year. On the good news side, there have been some significant salary savings, $2,200,000 in salary savings approximately through the end of December. That is pretty much on the track of where the City usually is with the number of vacancies. We probably -- my belief is that the level of vacancies in the City will probably decrease over time just because we are processing people much more quickly. There's been a lot of bureaucracy cut in the last week and a half or so, it's pretty amazing how many desks some of the approvals went through. So, I think we'll be processing position -- request will fill much faster. On somewhat the concerned side, the largest negative that we're seeing on the revenue side is we continue to watch very closely the communications service tax. I don't know if you remember that starting in fiscal 2002, there was a change on how various franchise fees from communications service providers were charged and it became rather than the City collecting itself the state collect them on behalf of all governmental entities in the state, and it comes back to us. With that change in legislation there were certain, there were communications service tax charged on services that have not been charged before. Most notably of which were the City of Miami long distance charges so, we had given estimates and we've worked with the state. The state came out with estimates for us from last year based on what we had historically collected and trying to take into consideration the impact of the increase base and for 2002 those revenues came in substantially higher than what we had expected, what either the state had predicted for us or what we had predicted for ourselves. So far this year our collection rates are running a little bit behind where we would have expected them to be. Right now I think, it's about $1,000,000 or so through the end of December. It might be a little bit more than that, around a $1,000,000 but we're watching it really closely. One of the things that we have been concerned with with the communications service taxes, there might be a (UNINTELLIGIBLE) problem that you know was there a (UNINTELLIGIBLE) problem because we did get a lot of extra revenues in. There was recently a report issued by the state of Florida looking at the communications service tax. The conclusion that they issued in the report was generally that the state estimates were good overall there certainly municipalities and counties that were off like we were. They're still looking up the (UNINTELLIGIBLE) problems and we will continue to watch that. The budget however, for 2003 did not include the entire state estimates so, there is a little bit of a back off for the budget. So, good news, bad news, certainly right now the good news overall is looking better than the concerns that we're having on the CST but we'll continue to watch it, continue to keep you updated and hopefully over the next couple of months we'll get you more executive summaries of financial statements and perhaps some financial workshops to work with you on. Chairman Winton: And actually I would be thrilled when we get to the point where we do have an executive summary on what our financial situation is on a month by month basis and that report is in here just like we have a number of other agencies and certainly we have in our own businesses so that will be a very, very welcome addition here. Ms. Haskins: And on that matter, a lot of the problem is that whole book is delivered which is really a scary book. The people in finance are able to give me a summary that's much more up to date, slimmed down and I think it will be more useful for you all. Chairman Winton: Thank you. Any questions or comments? 34. DIRECT MANAGER TO HAVE PRESENTATION BEFORE COMMISSION RELATING TO ALL IMPLICATIONS OF AIRPORT NOISE ABATEMENT PROPOSAL AFTER CITY STAFF NEGOTIATES AN AGREEMENT WITH MIAMI-DADE COUNTY AVIATION DEPARTMENT. Chairman Winton: OK, item 22 is another discussion item on the airport noise ordinance. Victor Monzon-Aguirre (Chief of Neighborhood Services): Commissioners, as per the Mr. Arriola's memorandum in the kit, the board of County Commissioners were going to consider an ordinance relative to a zoning ordinance as a matter of fact in the airport, but actually affecting a lot of the portions of the City of Miami specifically in the area of requiring additional noise abatement items included any new construction done in a specific zone. Additionally it would have prohibited the additional construction of any new schools within the City of Miami which could affect charter schools obviously. Subsequent, we had a meeting this past week with representatives of the airport and we received a copy of a new revised ordinance of the one that we had from November. They have since held back on presenting it. It was concluded that meeting that some of the items were onerous but the other news was that some of the zones that we thought would preclude construction of new homes because of the noise, that zone may changed because several of the aircraft that created the zone for noise have been shrunk so it may eliminate any impact on homes within the City of Miami especially for new construction. However, the zone does cover most of the City of Miami but the requirements for noise is consistent with the South Florida Building Code so, there's no additional cost for new construction for noise abatement. The issue regarding schools has to be studied because obviously we note large tracks of land for new schools. It doesn't preclude expansion of existing schools. The issue with schools was we did not want to have a high concentration of children where potentially planes would crash in the zones that have been previously identified and this is what they're talking about in this ordinance, and this is as a result of state law -- also says you have to create zones to protect obviously the public from those areas with close proximity to the airport. Miami International Airport is a very special airport when relationship to everybody with all the new airports throughout the state, so the (UNINTELLIGIBLE) department is -- understands where our concerns are and going to look at other issues regarding special school construction because again with the recent developments that we're having in new construction throughout the City we may want to encourage charter schools and charter schools tend to be smaller so, if we can make smaller schools that can fit a certain category that may be acceptable and plausible response, and we're going to be kept informed. We'll be following up with Dade County Aviation Department before this moves forward. Chairman Winton: And they will take no action to move this whole thing forward until they get our concurrence. Mr. Monzon-Aguirre: Right. Chairman Winton: Is that correct? Mr. Monzon-Aguirre: Yes, correct. They (UNINTELLIGIBLE) the City which is the largest with the effect of this ordinance and they want to get us done -- Chairman Winton: Great. Mr. Monzon-Aguirre: -- and we satisfy -- and if we're satisfied then it's easy for them to impose Chairman Winton: Well, I for one would like to make sure that we have a proposal to this full board once staff meeting with their staff comes to some apparent agreement on all this and then y'all come give us a presentation so, we understand it backwards and forwards. Mr. Monzon-Aguirre: Of course. Chairman Winton: The implications of every little move they're going to make. Mr. Monzon-Aguirre: Of course. Chairman Winton: OK, thank you. Any other comments or questions? OK, that concludes the regular agenda. 35. RESCHEDULE FIRST REGULAR COMMISSION MEETING OF MARCH, ORIGINALLY SCHEDULED FOR MARCH 13, 2003, TO TAKE PLACE ON MARCH 27, 2003. Chairman Winton: We can go to pocket items and I have a meeting change request. I'm going to be in Colorado during the next Commission meting which is March not the next but the first March meeting which is the 13th. I am going to be in Colorado on vacation, so -- Commissioner Sanchez: Good for you, you deserve it. Chairman Winton: So, could we, we got two choices. We can move it to another date or maybe we can combine the two March meetings and do one meeting on the 27th since we're able to get through these little faster. Vice Chairman Teele: Let's combine. Commissioner Sanchez: Let's combine them and -- Commissioner Regalado: Or you can take us. Commissioner Sanchez: -- end of March. Chairman Winton: Y' all want to go? Vice Chairman Teele: Or, you can take us. Commissioner Regalado: Yeah, you can take us. Chairman Winton: Well, I ended up with a ticket I can't use so I'll -- you know, let's all go. We'll have fun. I'm going to Crested Butte. Never been there. That's a ski area. I never been to Colorado. OK, so -- Commissioner Sanchez: Watch out for the trees. Chairman Winton: I always do. So, we have agreement that we will have only one Commission meeting in March and that will be on the 27th ? So, I need a motion. Commissioner Sanchez: So move. Vice Chairman Teele: 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. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-170 A RESOLUTION OF THE MIAMI CITY COMMISSION RESCHEDULING THE FIRST REGULAR CITY COMMISSION MEETING OF MARCH, ORIGINALLY SCHEDULED FOR MARCH 13, 2003, TO TAKE PLACE ON MARCH 27, 2003. 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 Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 36. GRANTING REQUEST RECEIVED FROM KIWANIS CLUB OF LITTLE HAVANA TO PLACE BANNERS ALONG SOUTHWEST 8TH STREET FROM 27TH AVENUE WEST TO 37TH AVENUE TO PROMOTE CALLE OCHO CARNAVAL EVENT SCHEDULED FOR MARCH 9, 2003. Chairman Winton: Pocket items, Commissioner Regalado, start at your end. Commissioner Regalado: Yes sir, thank you very much. I have two pocket items. I have a request from the Kiwanis Club of Little Havana. They are seeking permission to place Street banners from 27th Avenue west to 37th Avenue. This is for Carnival Calle Ocho. Joe, they already have -- you're lucky they have the carnival in -- Vice Chairman Teele: Second the motion. Chairman Winton: We got a 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 Regalado, who moved for its adoption: MOTION NO. 03 -171 A MOTION GRANTING REQUEST RECEIVED FROM THE KIWANIS CLUB OF LITTLE HAVANA TO PLACE BANNERS ALONG SOUTHWEST 8TH STREET FROM 27TH AVENUE WEST TO 37TH AVENUE TO PROMOTE CALLE OCHO CARNAVAL EVENT SCHEDULED FOR MARCH 9, 2003 Upon being seconded by Vice Chairman Teele, 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. 37. DIRECT MANAGER TO INITIATE PROCESS TO CODESIGNATE SOUTHWEST 8TH STREET AND SOUTHWEST 36 AVENUE AS EL CABALLERO DE PARIS. Commissioner Regalado: Second pocket item is something that came up for Commissioner Jimmy Morales' office and this is about a street naming and Commissioner Morales has worked with our office on this item. Several years ago, John Painter here in Miami created a pictorial of Jose Maria Lopez Tierin, better known to many in Cuba and outside Cuba as "El Caballero de Paris," the gentleman from Paris. This has been an icon of the history of Cuban Republic so, the Miami Dade County Public Works Department has identified Southwest 8th Street and Southwest 36 Avenue as being available for this co -designation; therefore, I propose a motion directing the administration to initiate the process to designate Southwest 8th Street Southwest 36 Avenue as the "Paseo of el Caballero de Paris," and the -- Commissioner Sanchez: What's the address? Commissioner Regalado: It's a wide street one -- two blocks from 8th Street to 6 Street Southwest and 36 Avenue. Commissioner Sanchez: Second. Chairman Winton: Does that go to Street Co -designation Committee? Is that what you were saying? Commissioner Regalado: Yes. Chairman Winton: OK. Commissioner Regalado: To start the process. 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. The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 03 -172 A MOTION DIRECTING THE CITY MANAGER TO INITIATE THE PROCESS TO CODESIGNATE SOUTHWEST 8TH STREET AND SOUTHWEST 36 AVENUE AS EL CABALLERO DE PARIS. 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. Vice Chairman Teele: Teele: What is El Caballero? Chairman Winton: Commissioner Regalado. Commissioner Regalado: Well, it's a historical figure, a guy who walk around during the republic around Cuba. Chairman Winton: Commissioner Regalado, do you have another one? Vice Chairman Teele: Yeah, but I think we ought to know who the heck we're going to name a street for. 38. DISCUSSION SCHEDULING A PUBLIC HEARING WITH A FULL REPORT FROM THE CITY MANAGER IN CONNECTION WITH PROPOSED LITTLE HAITI PARK; FURTHER STIPULATING THAT REVISED SCHEDULE FROM CONSULTANTS BE PRESENTED OUTLINING COSTS RELATED TO SAID PARK. Commissioner Regalado: No, I do not have anything else, but Mr. Chairman -- Chairman Winton: Yes, sir. Commissioner Regalado: I would like to -- when Commissioner Sanchez does his pocket item, that I would like to make a comment on a similar issue here regarding the marketing -- the Coconut Grove Marketing Committee. Chairman Winton: OK. Commissioner Teele, pocket items. Vice Chairman Teele: Thank you, Mr. Chairman. Mr. Chairman, I did not have any blue page items this morning, and I would like just to have three minutes on one blue page item. Chairman Winton: Go ahead. You are recognized. Vice Chairman Teele: Thank you, Mr. Chairman. Mr. Manager -- Joe Arriola (City Manager): Yes, sir. Vice Chairman Teele: I've asked that the consultant of Post Buckley be here. Did they ever get around to coming today? Mr. Arriola: They were here early this morning, sir. Vice Chairman Teele: Is there a representative for Post Buckley? Oh, there's the distinguished Commissioner. Mr. Clemente -- Commissioner Clemente, not in your role as Commissioner for the state of Florida Environmental -- what is it, DEP (Department of Environmental Protection)? -- but in your role as, I guess, vice president -- senior vice president for Post Buckley. Mr. Clemente, I'm going to ask that the Manager work with you to give us an updated report. I was going to say 30 days, but I think we just eliminated the 30 -day meeting, so it will be 45 days. And I'm going to ask the Manager to give the appropriate flexibility to the firm, to go back and look at the Little Haiti Park in the context that, "A," the working group requested, "B," the Commission requested, and "C," in consistence with the staff instructions. Mr. Attorney, do you have a legal opinion regarding the relocation? Alejandro Vilarello (City Attorney): We have not prepared the formal legal opinion, which I intend to do, but, however, I do have an opinion as to whether or not relocation expenses would be required. And -- Vice Chairman Teele: And let me just put this in a context. I read in The Miami Herald and I have a report, which the Manager has not been able to meet with me on. He has indicated a willingness to meet. I note, as usual, Commissioner Sanchez, you have endorsed the report and have a view. I would only ask that you withhold making a firm opinion until you get all the facts on the Little Haiti Park. I would, respectfully, ask that, as I would of any colleague. But what I want to do is get this thing back to where it started out, and that is very simple, that the Little Haiti Park, based upon the working group, would not be a core of engineer project; that is, that we would buy all the land and bulldoze. Specifically and repeatedly throughout the Little Haiti Working Group Task Force recommendation and the Commission resolution, and the County resolutions that accepted and, in fact, support certain aspects of that, the group intends to maintain the unique Caribbean and Haitian energy, architecture, and places of business along the main thoroughfares. That's throughout the report. So what I'm going to ask the Manager to get with the consultant to do is to go back and revise or provide an annex to their report that is reflective of the Commission instructions and the working group. And that is, put an annex there on all of the property that is along Northeast 2nd Avenue. Because it is my understanding, Mr. Clemente, that the instructions that you received -- and I have a copy of this -- is that you would -- that the City would be proposing and the costs represent the acquisition of all of the land along Northeast 2nd Avenue and Northeast 62nd Street, which is clearly inconsistent with the working group's recommendation and this Commission's approval. Now, does it include -- do your estimates include all of the property along Northeast 2nd Avenue? Anthony Clemente: Yes, sir, I believe they do. Vice Chairman Teele: OK. So we're talking about grocery stores, libraries, a bookstore, money exchange facilities, several restaurants, cafes. It was clearly throughout the working group's work product, final product and this Commission resolutions that we would not buy that property, and that the unique Haitian flavor culture of Northeast 2nd Avenue and 62nd Street would remain. OK. And I want -- I would suggest to you, Mr. Manager, through to the consultant, that a substantial part of the dollars that are attributed to this are along the commercial corridor of Northeast 2nd Avenue and Northeast 62nd Street. Do you have any idea as to how much the property -- by the way, one of the things that we all agreed on is that we don't want to acquire churches, and there are about three churches in here as well. There are certain things that are compatible with the park, and having fast food restaurants, bookstores, grocery stores, those are the ideas and the things that the committee wants to maintain with the park. Do you have any idea what that represents in terms of dollar value? Mr. Clemente: It may be 10 or 15 million. Vice Chairman Teele: OK. Mr. Clemente: Again, it's just an estimate. And the intent was to create like a feasibility analysis to look at, you know, the -- a maximum extent as far as maximizing a park within those boundaries and developing -- Vice Chairman Teele: Well, unfortunately, Mr. Clemente -- Mr. Vilarello: Name and address for the record, please. Mr. Clemente: Anthony J. Clemente, PBS&J (Post Buckley Shuh & Jernigan), 2001 Northwest 107th Avenue, Miami, Florida. Vice Chairman Teele: And I want to be respectful, because Mr. Clemente is the Governor's appointee to the Environmental Commission, and we've got some environmental issues that I want to take up a little bit later. But Mr. Clemente -- and Tony Clemente was the Assistant Manager at the County, and I had the privilege to work with him for many years. He's the architect of the solid waste plan that we're all operating with, which is not worth, I guess, going into right this moment. But the point, Mr. Clemente, that's very, very clear is that throughout the working group, the resolutions, the website, it has always been very, very clear that this is not going to be a core of engineer project, where we buy up all the land, bulldoze everything, but we want to maintain the eyes on the park is the word we're using now. The term, Mr. Manager, that's being thrown around by the staff is a worst-case scenario. In other words, the dollar amount represents "a worst case scenario." And Mr. Carswell, I don't know if you're involved in this yet, at this point. I know the Manager's indicated that he's talking to you about this, but have you heard the term "worst case scenario" in terms of this -- Keith Carswell: Yes, I have. Vice Chairman Teele: -- in the budget. So I just want the Commission to know before we get down to this that what you have is a "worst case scenario." You don't have a realistic -- you don't have at all what was envisioned by the community or this Commissioner or anything like that. Of course, you know, fortunately, the New York Times has agreed to come in and look at this. So, you know, we're going to get a little bit of focus -- proper focus. But it would seem to me that somebody, before everybody starts responding to this thing, would ask the question, "Is this a fair representation of that?" I don't intend to debate that. I would like to set this for a public hearing and full discussion in 30 days, now 45 days, but I'm asking, Mr. Manager, on the record, so it's very clear what's going on here, "A," that we look at the website and the reports and the resolutions. The Planning Department has it. They have always come to this Commission. There was a question recently about a Burger King or a Wendy's, and they said, "Is this consistent?" And we said, "Yes." But you know what. That land is in your number. You see, that's vacant land. That land is in your number. We've already given them the approval to build a Wendy's there, with certain modifications. So when you get this worst case, my friends, I'm telling you, this isn't a worst case. This is a fraudulent case, but that's not the point. The point that I want to make, Mr. Manager, is this, to the Attorney. Mr. Attorney, to the point, we have $30,000,000 earmarked for this park. Is any of that money federal money? Mr. Vilarello: Not that I'm aware of It's all bond proceeds. Vice Chairman Teele: Is (INAUDIBLE) applicable to this? That is a federal requirement of the relocation and dah, dah, dah, dah, dah, dah, dah. Mr. Vilarello: Relocation expenses are not applicable to the bond proceeds. Vice Chairman Teele: What percentage, Mr. Manager, of the study -- and how much was this study that you all did, about two hundred thousand dollars, three hundred? Mr. Arriola: Slightly over a hundred thousand. Vice Chairman Teele: Over a hundred thousand? Mr. Arriola: Yes, sir. Vice Chairman Teele: What percentage of the study was earmarked toward relocation costs? Studying the relocation cost issues. Mr. Arriola: I would say probably the majority of that cost. Vice Chairman Teele: I'd say more like 75 percent of the cost, sir, of the study was wasted money -- was totally wasted money, because this Commissioner is not prepared to recommend paying relocation costs over and above fair market value, other than through a court action. In other words, if there's going to be a payment of relocation costs, it's going to be based upon a court ruling that I don't see any way you can get to that -- anything other than that. And so, the numbers that you have are totally weighted, and the whole study was totally weighted assuming that everybody was going to be paid a relocation cost. I, for one, would be prepared to offer an ordinance that says relocation costs in the Little Haiti Park will be limited to certified registered homestead exemptions. And after that, we're dealing with fair market value, fair market value, or what a judge determines the fair market value to be. But I don't think we -- I think that would be an invitation to fraud, to tampering, to mismanagement. If we intend and we're forced to acquire land, I, for one, will not support this Commission paying relocation costs, except pursuant to a court order. I think we pay fair market value. We pay over fair market value if, under the state law, if we choose to do so based upon the strategic nature of a piece of property. Is that permissible, Mr. Attorney? Mr. Vilarello: Certainly. And there are special rules with regard to the acquisition of trailer parks. It's not relocation expenses, but there are special conditions. Vice Chairman Teele: There are special conditions. That's a state law. But what I'm saying is, the state law is very clear. A legislative body pays fair market value, and in those extraordinary cases where there's a record, if justified, you can pay in excess of fair market value. Is that a correct statement? Mr. Vilarello: Sir, it requires an extraordinary vote. Vice Chairman Teele: It requires a four-fifths vote, the same as the ratification of the emergency items that we do everyday. And so, the whole notion, which is about 50 percent of the number that's being floated around, is a relocation cost number, OK, for something nobody is prepared to do. I'm not prepared to do it. I am prepared to pay relocation costs for a homestead exemption; that is, somebody who's living in a home, and they have a homestead exemption. But for somebody who's renting an apartment or somebody who's running a rag shop, or somebody who just bought five or six parcels of land, and now all of a sudden, has declared himself the czar of Little Haiti, you know, I'm not prepared to pay relocation costs for that. I'm prepared to pay whatever a court orders that we pay. And so, what I'm asking for is a full discussion, Mr. Manager. I'd like to get your attention, Mr. Manager. I'd like to -- Mr. Arriola: Yes, sir. Vice Chairman Teele: I'd like to have a full discussion with a public hearing for the meeting in March with Post Buckley being instructed to -- I don't want them to change any of their numbers, because what that is is what that is. And what that is is a skunk, OK? That's a skunk. Now, let's get some realism, and let's talk about some realistic numbers of this, because what is happening now is, you're reading The Miami Herald, you're reading the press, you know -- and I've got to tell you, you know, they have an agenda. What it is, I don't know. But as far as I'm concerned, you know, The Miami Herald can do what they want to on this thing. The fact of the matter is, is that this number is not a credible number, and any reporter who went to high school should be able to look behind the numbers, as I did, and I'm not a numbers person, and figure out that these numbers are totally blown apart and inflated. It is not reflective of what is in the working group. It's not reflective of what's in the legislation. It's not reflective of the intent of the community. We have no intentions of bulldozing 2nd Avenue and 62nd Street, and taking down any of those activities, except those activities that are totally inconsistent with a park. And, to my knowledge, the only thing that I know that is totally inconsistent is a car repair facility that is repairing cars in the public right-of-way in the swale area anyway, and all of them that are out there doing it are doing it. And, at some point, Mr. Manager, if you're in charge of the NETS (Neighborhood Enhancement Team), I would appreciate it if you would get into a code enforcement mode and stop letting Little Haiti look like City Soleil, with all due respect to City Soleil, because this is Miami and this is the United States of America. And I'd like to get a commitment from you that you're going to begin strict code enforcement in the public right-of- way, in the public right-of-way, and in the swale areas within the Little Haiti area. Mr. Arriola: Commissioner, you have my commitment to that. Vice Chairman Teele: All right. So, Mr. Chairman, I would move that there be a public hearing and a full report from the Manager and the same consultants -- I don't want any new consultants -- but with an updated or a revised schedule as to what all of these costs -- all of the costs represent. I would so move. Chairman Winton: We have a motion. Second. Discussion. Commissioner Teele, if you don't mind, I would also like to recommend that -- because I think your point is a good one. We really do need to be armed with all the facts, because the facts will always speak for themselves. And I noticed that for a long time, I may have -- and I don't know yet -- but I may have done you a disservice because, you know, I could have been sitting here with a calculator a long time ago just thinking kind of off the top what things might cost, which I did just now. And so, what we need, in addition to the discussion about the individual line items in your report, we also need a map. Vice Chairman Teele: We need a map -- Chairman Winton: And the map should show precisely what the areas are that we're targeting for this park. Vice Chairman Teele: First of all, any Commissioner -- as far as I'm concerned, you know, this is going to be sort of a denovo discussion, as far as I'm concerned; that that means that we're going to just sort of look at it again, and I'm fully prepared to do that. I mean, you know, the only thing that we can't change is that the voters have voted $30,000,000 -- Chairman Winton: That's right. Vice Chairman Teele: -- of a bond issue. OK. Chairman Winton: Which we're thrilled about. Vice Chairman Teele: Which we're thrilled about. And we're not going to start double-crossing the voters. Chairman Winton: Absolutely. Vice Chairman Teele: But this is the point. This discussion should be preliminary. Anything that Angel Gonzalez wants, anything that Joe Sanchez wants, anything that the Manager wants to put on there, anything that the legislative body needs to hear, we ought to hear it now. And so what you're asking for -- I think the landscape architect that has been engaged by the Planning Department -- I don't know where that process is -- but they need to come in. Because I'm going to tell you something: Believe it or not, what's going to happen is, when you look at the Hammocks, when you look at the various unique areas, you don't have enough land for two soccer fields. Chairman Winton: So that's what we need to look at. Vice Chairman Teele: And that's what you're going to hear. Chairman Winton: Well, that's all very -- that's an important part of this discussion, so we have a motion and a second. Further discussion? Being none, all in favor "aye." The Commission (Collectively): Aye. Chairman Teele: Like sign, opposed. The motion carries. The following motion was introduced by Vice Chairman Teele, who moved for its adoption: MOTION NO. 03 -173 A MOTION SCHEDULING A PUBLIC HEARING WITH A FULL REPORT FROM THE CITY MANAGER IN CONNECTION WITH THE PROPOSED LITTLE HAITI PARK; FURTHER STIPULATING THAT A REVISED SCHEDULE FROM THE CONSULTANTS BE PRESENTED OUTLINING COSTS RELATED TO SAID PARK. 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. 39. PROGRAM $74,800 OF $3 MILLION APPROPRIATED FOR NEIGHBORHOOD PARK IMPROVEMENTS AND ACQUISITION FOR DISTRICT 5 FOR RENOVATIONS OF MILLER J. DAWKINS OLYMPIC POOL COMPLEX MEETING ROOM. Vice Chairman Teele: Sorry Mr. Chairman, let me just make these resolutions. This is a resolution to program $74,000 of the $3,000,000 previously appropriated for the neighborhood park improvement and acquisition for District 5 for the renovation of the Miller J. Dawkins Olympic Pool Complex Meeting Room and this is a necessary item to provide more space -- add administrative space and I'm very pleased that virtually every organization in this City is now meeting at the center, the Carrie Meek Senior Center. Both the Virginia Key Trust are having their meetings there as well as the Model Cities Trust and we really need more administrative space and this would program those monies. I would so move. Commissioner Gonzalez: Second. Chairman Winton: Motion, second for discussion. Commissioner Teele, I thought that and this really came under your direction and I know that I seconded that that we were going to -- that staff was going to bring us a report every time we did something relative to money tied to the bond issue so that we would all crystal clear that it was in the bond thing, it had gone where it needed to go -- Vice Chairman Teele: That's why the resolution was written this way. This is a previously appropriated $3,000,000 and this is to program, that is to come back to us with the program to basically do the modifications of that park facility. Chairman Winton: So, -- I'm not sure I under -- so -- Vice Chairman Teele: This doesn't do anything but authorize us to come back to us with a specific program for that. Chairman Winton: And then -- Vice Chairman Teele: This does not authorize the expenditure of the money. Chairman Winton: OK, and so, when they come back then for the expenditure of the money -- Vice Chairman Teele: The program -- Chairman Winton: -- he will get the executive summary that we've asked for that is set up in that grid fashion that has the full history of that particular line item. Vice Chairman Teele: Exactly. Chairman Winton: OK. Vice Chairman Teele: And this is also at the request of the Parks Department and the Model City Trust because they have a major problem over there right now. 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, opposed. Motion carries. The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-174 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN THE AMOUNT OF $74,800, FROM FUNDS APPROPRIATED FOR DISTRICT 5 NEIGHBORHOOD PARK IMPROVEMENTS AND ACQUISITIONS, FOR RENOVATIONS TO THE MILLER J. DAWKINS OLYMPIC POOL COMPLEX MEETING ROOM. 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. 40. INSTRUCT CITY CLERK AND CITY MANAGER TO ANNOUNCE PUBLIC HEARING AND COMMUNITY UPDATE MEETING, INCLUDING COMMISSIONERS GONZALEZ AND TEELE, RELATED TO WAGNER CREEK SEDIMENT ISSUES, TO BE HELD ON MARCH 15, 2003, AT TRAVEL LODGE, LOCATED ON 12TH AVENUE AND 11TH STREET; ADMINISTRATION TO NOTIFY BY MAIL RESIDENTS OF HIGHLAND PARK, SPRING GARDEN AND ALLAPATTAH OF SAID MEETING. Vice Chairman Teele: This is a motion requesting and directing the Clerk and the Manager to announce the public hearing and community update meeting to be held on March, date to be established by the Manager jointly and Angel, the law doesn't allow me to discuss this with you so, I'm asking jointly between Commissioners Gonzalez and Commissioner Teele regarding the Wagner Creek sediment issues and specifically noticing the residents of Highland Park, Spring Garden and the requisite parts of Allapattah by mail of the public hearing and community meeting and it should be held I believe in the Travel Lodge located on 12t Avenue and 11tH Street and I think the Manager gave me a date March the 14? Joe Arriola (City Manager): 15. Vice Chairman Teele: March the 15th, I would so move. Chairman Winton: Do we need an action of the Commission to do this? Vice Chairman Teele: Yes. Commissioner Sanchez: Second. Chairman Winton: OK, fine. We have a motion and 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. 03-175 A MOTION INSTRUCTING THE CITY CLERK AND THE CITY MANAGER TO ANNOUNCE A PUBLIC HEARING AND COMMUNITY UPDATE MEETING, INCLUDING COMMISSIONERS GONZALEZ AND TEELE, RELATED TO WAGNER CREEK SEDIMENT ISSUES, TO BE HELD ON MARCH 15, 2003, AT THE TRAVEL LODGE, LOCATED ON 12TH AVENUE AND 11TH STREET; FURTHER DIRECTING THE ADMINISTRATION TO NOTIFY BY MAIL THE RESIDENTS OF HIGHLAND PARK, SPRING GARDEN AND ALLAPATTAH OF SAID MEETING. 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. 41. DIRECT MANAGER TO SCHEDULE AT NEXT COMMISSION MEETING PRESENTATION OF ORGANIZATIONAL CHART, BUDGET AND FULL DISCUSSION REGARDING AUDITOR GENERAL. Vice Chairman Teele: This a request of the Manager to present an organizational chart and the budget and specifically to have a full discussion and action, Mr. Attorney, regarding the auditor general at the next regular commission meeting. Commissioner Sanchez, I don't know where you are on this but I think we need to discuss it because I keep saying these organizational charts floating around and the auditor general issue we're getting all these reports from the committee, we're not responding to them and we need to have some discussion on this and figure out where we're going. 42. APPOINT FATHER KENNETH MAJOR AS MEMBER OF MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST. Vice Chairman Teele: The final two will be a resolution of the City Commission nominating Father Kenneth Major to fill the vacancy on the board of the Model City Community Revitalization Trust replacing Chip Iglesias and I would also like to note it's my understanding Ms. Haskins that you have resigned from that board. Is that correct? That is not correct? OK, well, I think the Attorney and you all need to meet in your new role over here because you've got to review the budgets and dah-dah-dah-dah-dah. I would so move. Chairman Winton: Motion, we need a second on that appointment. We got 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 Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-176 A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE DISTRICT 5 COMMISSIONER'S NOMINATION OF AN INDIVIDUAL TO SERVE AS A MEMBER OF THE MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST 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. 43. AUTHORIZE MANAGER TO EXPEND $3500 TO HOST MINISTER OF FOREIGN AFFAIRS OF BAHAMAS IN CONNECTION WITH BAHAMIAN YOUTH CHOIR VISIT WITH INVITATIONS WITH THOSE OFFICIALS THAT ARE CONCERNED ABOUT FOREIGN TRADE AREA OF THE AMERICAS [FTAA] SECRETARIAT. Vice Chairman Teele: And the final motion will be authorizing the City Manager to expend not to exceed $3500 to host the Minister of Foreign Affairs of the Bahamas on the occasion of the Bahamian Youth Choir visit with invitations to those officials that are concerned about the FTAA secretariat and for everybody to come out with extra lips to kiss up on the date and place it will be determined. So move. Chairman Winton: Have a motion, need a second on that. Joe, a second. Commissioner Sanchez: Second. Commissioner Regalado: They both -- Chairman Winton: Got a motion and a second. Further discussion? That's a great idea, Commissioner Teele. 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. 03-177 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE EXPENDITURE OF FUNDS, IN AN AMOUNT NOT TO EXCEED $3,500, TO PROVIDE FUNDING TO ALLOW THE BAHAMIAN YOUTH CHOIR TO PERFORM FOR THE MINISTER OF FOREIGN AFFAIRS OF THE BAHAMAS AT AN EVENT TO BE ATTENDED BY OFFICIALS CONCERNED ABOUT THE FOREIGN TRADE AREA OF THE AMERICAS ("FTAA"). 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. 44. DIRECT MANAGER TO ORGANIZE WORKSHOP RELATED TO FTAA (FOREIGN TRADE AREA OF THE AMERICAS) TO SEND DUMP TRUCKS AND POLICE CARS TO CARIBBEAN COUNTRIES, INCLUDING POLICE CHIEFS ASSOCIATION, DEVELOP LINKAGE TO SAID COUNTRIES BY HAVING EACH COMMISSIONER ASSIGNED TO VARIOUS NATIONS, AND WORK WITH COUNTY COMMISSION ON THIS EFFORT. Vice Chairman Teele: The thing that I do think that we all need to pay a lot of attention to and Commissioner Winton through the International Trade Board you know, your portfolio will include, I think we really need to have a workshop at some point on the FTAA. It's not going to happen if it's not a cohesive effort but there are -- Chairman Winton: I think that's a great -- Vice Chairman Teele: There are 17 nations, I've had a little bit of experience in this after having been the point for the president on the Summit of Americas which Victor and these guys know Tony all know and it is a major kiss up operation if you really want it but there's 17 nations that are a part of the Caricom (Caribbean Community). Everybody focuses on Venezuela, Brazil, Argentina, and Mexico but there are more voting nations that are in the Caribbean -- Chairman Winton: That's correct. Vice Chairman Teele: -- community than there are in the rest of it. Chairman Winton: That's correct. Vice Chairman Teele: And we better get a major organized effort to send dump trucks and police cars as opposed to selling them for $1,000. We need to work with our Police Chief through the International Police Chief's Association and we really need to begin to form a much more intelligent linkage on how this thing works. Chairman Winton: So, tell me what you were thinking, what this vehicle will be for -- how do you think -- should we do that at a Commission meeting and then -- Vice Chairman Teele: Well, I think we really ought to have a workshop and I think we ought to bring people in. I think it's not something for public consumption per say but it should be obviously open to the public but the fact of the matter is that we need to look at the various nations in this hemisphere and we really need to almost assign a Commissioner to three or four nations. We need to work with the County Commission in doing this, and we really need to develop a game plan. Atlanta's way ahead of us. Atlanta just hosted the awards, the CNA awards, the Mayor, the Governor, all of them were there. They just gave the Prime Minister of the Bahamas the highest award at CNN (Cable News Network). I think it's going to be aired I think on the 22"d, the CNN awards I mean, they're having every government head of state to come to Atlanta one by one by one and there's a joint City and state and private sector initiative. They are way ahead of us and I'm already getting a lot of feedback that people do not want to come to Miami for the FTAA. I'm saying the -- Chairman Winton: You're getting feedback -- Vice Chairman Teele: -- from the Foreign Minister Level and the Prime Minister Level because I'm in the Caribbean almost every other day. Chairman Winton: I know you are that's why -- Vice Chairman Teele: So, you know, it's a -- Chairman Winton: -- well, I will, and we need to ask the Mayor also, he needs to really work on helping organize this and bring the appropriate people you know. The Governor's appointed an entire task force here and we need to get the leadership of that group here as well. So, we'll ask the Mayor to work with the Manager to put that -- Vice Chairman Teele: I think we need to have really, a workshop around that and -- Chairman Winton: I agree. Vice Chairman Teele: -- I would just say that the one thing that came out of this International Police Chiefs. Is there a Police representative here? Longueira is back there running his mouth. Joe, we're talking to you. These guys all come here. They don't need to be here. They ought to just all have a -- Commissioner Regalado: (UNINTELLIGIBLE) to be chief. Vice Chairman Teele: But in any event, it's really, really important that the Police Chiefs Association be brought in on this and we begin to have a dialogue with the various Police Chiefs throughout the Caribbean, throughout the hemisphere in terms of the things that they need because we're just giving away cars and doing this and doing that. Some of those countries like St. Vincent or Barbados or some of these countries that I can hardly pronounce, that have a vote, that have the same vote as Brazil has, and (UNINTELLIGIBLE) has you know, five police cars could make a big difference. Chairman Winton: So, we'll work with the Mayor and the Manager and we'll ask them to put that workshop together posthaste. Commissioner Regalado: Mr. Chairman. Chairman Winton: Yes sir. Commissioner Regalado: I think that Miami is missing on the opportunity. I think Commissioner Teele is right, the Caricom, the Caribbean basin countries have a tremendous voting power in this and every issue in this hemisphere and whoever controls half of the Caricom countries can lock the nomination but also, and the City I think should be proactive also. Think about the Latin countries. We have here in Miami, as residents, the most visible people in television in news throughout Latin America. Jorge Ramos, Maria Elena Sabines in Univision, they live here, they work here. If we can enlist them as spokespersons of the City to go out and look for that, I am sure that presidents and foreign ministers will do whatever they have to do to meet with them. Chairman Winton: And I think that's why this suggestion is such a good one. We'll all have really good ideas and contacts and so, I think we can develop a game plan coming out of that for some real action steps that can help assure our position and the strength and establishing the secretariat and so, thank you very much. That's a great idea. Anything else, Commissioner Teele? 45. DIRECT MANAGER TO REFER ALL ORGANIZATIONS WISHING SUPPORT FOR AN EVENT TO SPECIAL EVENTS UNIT OF MAYOR'S OFFICE FOR APPROPRIATE HANDLING. Chairman Winton: Commissioner Sanchez, pocket items. Commissioner Sanchez: Yes, sir, I have a pocket item, but before we do that, let me just bring something of concern that I have and it's pertaining pocket items. There's an ordinance in the book that clearly states that no pocket item should have a financial impact and you know, we've gotten away with it in the past because really it's a way for us to basically put things in the agenda and get them through, but I tell you one thing, on the special events, and I'm very glad that the under the Mayor and the Executive Mayor -- the Mayor's office, the special events has put together a wonderful program a grant program that was put together by Robert Parente and Michelle Spenser. They were in my office not long ago with the clear process of every organization that wants to come down here and have a special event, there's a process that they go through and really they screen them out and I think it's in the best interest of the Commissioners in the City that from now on every issue pertaining to special events should really be devoted to them so that they can go through that process. For one, it alleviates people hunting us down to try to get us to do these things. The other is, that they have a better angle sitting down and finding all these organizations are not for profit or good standings and good for the community so, at this time what I'd like to do is somehow establish even if we have to do it through an ordinance or resolution that every event that comes to the Commission that we direct them to go through the special events officers funding therefore, you know, and that's the way it should be -- there has to be some organization here. Also, I'm very concerned that on pocket items we bring CIP (Capital Improvement Projects) issues as a pocket item. Every CIP project should be put on the agenda. We should have representatives from the different departments here whether it be a park issue or any type of issue. When you start doing these things in pocket items what it does, it opens the door, or it opens the Pandora's box for, you know, CIP is the greatest thing that we did getting the bond money but it's going to create divisiveness like we've ever seen in this Commission and I just want to elaborate on what you said Commissioner Teele on your park. I've got nothing against the 60 acre park. The voters voted for it. We support it, the park, but when you get a report coming back saying that it's not going to be $30,000,000 it's going to be anywhere from $53,000,000 to $73,000,000. To me, it concerns me, and I'll tell you why it concerns me. It concerns me because I have a small CIP project in my district which is the Cuban Memorial Linear Park and the money has been allocated and it has been appropriated we're working on the project now. We did have an opportunity to sit with a consultant and the people that are helping us out with and they came back with an $11,300,000 project. I had to look them in the face to say my budget is $2,300,000 for that project, go back, redo it, and come back with that amount, so you know -- Chairman Winton: For that Linear Park they came at you with an $11,000,000 price tag? Commissioner Sanchez: Yes sir, and that's what I want to get at here. The CIP project you know, we've -- I've been blessed to sit in this Commission and get along with my colleagues and there are times that we may say statements to each other we may not like but that's democracy. You know -- Chairman Winton: Yeah, but we get along. Commissioner Sanchez: -- sometimes we're not going to agree but we, you know -- Chairman Winton: But we still get along. Commissioner Sanchez: So, what I need to say is that we need to start putting some type of order in these pocket items because we're way out of order there I mean, you know, we have to have accountability and you know, if you want to speak on that because you know, every time that we have an issue out there it's a way for us to put things on the agenda but then it's another way that we sneak things in in the agenda, and it might be perceived as -- Chairman Winton: Well, and I don't thing anybody -- and I've done it, I think of late and I'm not -- and I don't think any of us are trying to sneak, it's just that the stuff comes up and I think your point's a good one. We need to be more resistant to whoever's bringing this stuff to us and just say, "Look, yeah, it may be an emergency, but too bad. It's got to come back to the next Commission meeting." We're not going to make it a pocket item. Commissioner Sanchez: If we don't have a process then I support doing it this way, but when we establish a process such as the special events, you know, they can call your office with an event. You direct them to go see them. They meet with them. They fill out this paper work. They get the grants and then you know, that's how we take care of that. On the CIP the last thing that we want to start doing here and I'm telling you, gentlemen, we've got to be prudent on this, is that we start in pocket items bringing up the CIP projects is going to get us in trouble and it's going to continue to divide this Commission because we're getting to that point you know, and it's just a great concern that I have. That's what I have to say on that. Now, I'll move along to my pocket item. 46. DIRECT MANAGER TO WORK WITH DEPARTMENT OF PLANNING AND ZONING TO PROVIDE ASSISTANCE TO DISTRICT 3 AND DISTRICT 4 BUSINESSES WITH SIDEWALK CAFES AND CREATE PROGRAM OF WAIVED OR RELAXED FEES TO STIMULATE FINANCIALLY DEPRESSED BUSINESSES IN SAID AREAS. Commissioner Sanchez: My pocket item and once again I want to have the administration write it and bring it back on the regular Commission -- at the next Commission meeting that we're having. This pocket item basically directs the City Manager to work with the department of Planning and Zoning to provide assistance to District 3 businesses with sidewalk cafes and create a program of waived or relaxed fees. This is how we're going to do it. The City of Miami, Miami City Commission District 3 contains Calle Ocho, Coral Way, Flagler Street and other major commercial corridors, but it also is an area that is economically disadvantaged. The City has worked very hard to uplift Little Havana economy by making it a vibrant area with cultural activities, restaurants, galleries, shops and marketplace and other events. Many small businesses desire to increase the area's ambiance by having outside cafes, but they find that the process if very difficult and time costly. We propose that the system of waiving permit fees in one year. This is the suggestion that I make, collecting 25 percent of the fees in two years, 50 percent in three years and 75 percent in four years and full fees anytime after that, so this is just the suggestions that I'm making. I wanted to bring be brought back on the regular agenda so that we can discuss it. Chairman Winton: So, Mr. Manager, you understand that request? Victor Monzon-Aguirre (Chief of Neighborhood Services): Yes, I do. Chairman Winton: Great. By the way Joe, I'm sorry, yes Commissioner Regalado. Vice Chairman Teele: Second the motion. Commissioner Regalado: I'll second the motion and I would like, Joe, if you would include in this report and I'll tell you why. There are several people in Coral Way that really want to do that and they're having problems. Now, that we have this new buildings in Coral Way some of the restaurants in the corridor they do want to do that and they are having problems and when they come back, please include District 4. Commissioner Sanchez: We can do it that way when it comes back we'd just amend it to District 3. Chairman Winton: And by the way, for the benefit of each of you, Commissioner Sanchez, your idea of this extended time frame is the only way this works and I'll give you an example. We did a waiver apparently about a year ago for downtown. Well, it takes more than a year to get things established and so, they're all coming back and want to extend the waiver and you're just beginning to see a little bit of success so, I know I'm going to be very supportive of this because it needs more than a year to germinate and in fact, I'm going to suggest, I don't know why we want to collect a fee at all for the first two or three years by the way. Commissioner Sanchez: It's a very minimal fee and you know what? When they come back with the written, the discussion, the resolution or whatever it may be, that they're bringing back they can state all that because the economic impact to the City or what the City generates is minimal. Chairman Winton: It costs us more to manage collecting that -- Commissioner Sanchez: Exactly. Chairman Winton: -- fee than it took — and the impact to -- Commissioner Sanchez: At least that's in my district. Chairman Winton: -- small businesses are much greater so, I much rather have zero fee for this (UNINTELLIGIBLE) so, because it stimulates economic development and it gets people hired and it does a bunch of good things and we don't get any real revenue out of it. Anyhow, is there anything else? Commissioner Regalado: Yes. Chairman Winton: We haven't voted on this. Is this on the subject? Commissioner Regalado: It is, it is and it's very brief and I really need you on this Johnny, because you're the one that pushed me to chair the Coconut Grove Marketing. We had a meeting yesterday and Art Noriega complained, Robert Masrieh complained, Silvano complained because they have tried for a year now to get across Public Works about the fees of the sidewalks cafes which you remember you brought the issue that that would be some of the income for that marketing committee. There are only six locations but they have not been able to get any information nor any payment of any checks or anything regarding the sidewalks cafes, and that is an issue that concerns the committee, and they told me to bring this to the City Commission, their concerns so -- Chairman Winton: Is there an action here that we need to -- I'm not sure if I understand. Commissioner Regalado: No, you know, Victor, you just took over as supervisor for Public Works and they have gotten some -- now with the new direction in Public Works, they want to even meet with them, but in the past they weren't able to get anything and we need to find out. The locations in Coconut Grove you know, we need to find out the fees and how the process is going to go to transfer those fees to the Coconut Grove Marketing Committee. Chairman Winton: Would you suggest then or direct the Manager to have staff meet with the committee to -- Commissioner Regalado: Yeah, I think that you should send someone from I think, I will ask you to send the Director of Public Works to the next Commission meeting, committee meeting which is I think March the 13th, it's a Wednesday. Chairman Winton: OK, thank you very much. We have a motion on the floor. Any further discussion on that motion? 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. 03-178 A MOTION DIRECTING THE CITY MANAGER TO WORK WITH THE DEPARTMENT OF PLANNING AND ZONING TO PROVIDE ASSISTANCE TO DISTRICT 3 AND DISTRICT 4 BUSINESSES WITH SIDEWALK CAFES AND CREATE A PROGRAM OF WAIVED OR RELAXED FEES TO STIMULATE FINANCIALLY DEPRESSED BUSINESSES IN SAID AREAS. Upon being seconded by Vice Chairman Teele, 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. 47. CLARIFICATION ON DEFINITION OF POCKET ITEMS AS DEFINED BY CITY CODE. (See #45) Chairman Winton: Mr. City Attorney. Alejandro Vilarello (City Attorney): Could I address the issue raised by Commissioner Sanchez with regards to pocket items? In your rules you -- pocket items or nonscheduled items are permitted to be considered if they're submitted by members of the Commission, the Mayor, the Manager, the City Attorney. However, it requires the unanimous consent of the City Commission to consider the item as an emergency item, so any one Commissioner can -- Commissioner Sanchez: But I want to make it very clear so we're all (UNINTELLIGIBLE) and you know exactly. Anything that has to do with CIP (Capital Improvement Projects) projects I will not vote for in a pocket item and anything that has a financial impact to this City I will not -- you know, I'm not going to ask, I'm not going to do it therefore, you know, I'm asking the Commission not to do it. Vice Chairman Teele: I think that's fair and I take your notice but I want you to just understand one thing, the resolution you just did has a financial impact. Commissioner Sanchez: Well, it's being put on the regular agenda. Vice Chairman Teele: But see -- Commissioner Sanchez: Very clear, I said put that on the regular agenda. Vice Chairman Teele: That's the point and if what you're saying is those items you're going to vote for but to tell somebody what I just did to put a CIP item on the regular agenda, what are you saying? Commissioner Sanchez: Well, I think all CIP projects should be on the agenda. Chairman Winton: No, but, let me see if I can help you because I hear, I think what Commissioner Teele is saying is that what he did with that pocket item right now is in fact the right kind of pocket item to bring forth because it doesn't have an economic impact and we're saying it's going to the -- Vice Chairman Teele: Well, it's an instruction to staff -- Chairman Winton: Right. Commissioner Sanchez: Well, your item went to the agenda also. Chairman Winton: It's instruction to staff that will come back to the agenda. Vice Chairman Teele: -- to come back with that item. Chairman Winton: Right. And that's probably appropriate. Is that not correct? Mr. Vilarello: Well, clearly I'm not sure if that falls within a not -scheduled item, for a pocket item. It's a direction to staff to place an item on the agenda at a future meeting. Chairman Winton: I think we're all clear here. Vice Chairman Teele: But I do just want to say one thing and I don't want to debate. There's a big difference between a Memorial Park and the Jose Marti Park or the Morningside Park or the Hadley Park. What we're talking about in Little Haiti is a first basic park comparable to the Marti Park, comparable to the Hadley Park and I just wanted to put that in the record because I don't want the Little Haiti Park issue to be reduced to something other than what it is and what it is is -- Chairman Winton: We didn't take any action. Commissioner Sanchez: This has nothing to do with the park, Commissioner Teele, and don't want to debate -- and if you're going to say that Little Haiti Park -- Chairman Winton: Commissioner Sanchez. Commissioner Sanchez: -- is going to be compatible with Jose Marti Park, we're talking about a 60 -acre park, which I support, OK, but -- Chairman Winton: Commissioner Sanchez. I think what Commissioner Teele is saying, let me help here. What he -- Commissioner Teele, your issue there as a pocket item on a discussion about Little Haiti is absolutely appropriate. That is a pocket item, we took no action, you just simply, we -- and that's absolutely appropriate for pocket item, so we're all OK there. You want to -- did you finish? OK, are you finished with pocket items, Commissioner Sanchez? Commissioner Gonzalez. Commissioner Gonzalez: No pocket items. Chairman Winton: Commissioner, or Chairman or whatever the heck I am Winton, I have no pocket items. Meeting is adjourned. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 5:10 P.M. MANUELA. DIAZ MAYOR ATTEST: Priscilla A. Thompson CITY CLERK Sylvia Scheider ASSISTANT CITY CLERK