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HomeMy WebLinkAboutCC 2003-03-27 MinutesMINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 27th day of March 2003, the City Commission of Miami, Florida, met at its regular meeting place in City Hall Chambers, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 9:12 a.m. by Vice Chairman Teele 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) ABSENT: Chairman Johnny L. Winton (District 2) ALSO PRESENT: City Manager Carlos Gimenez City Manager Joe Arriola City Attorney Alejandro Vilarello City Clerk Priscilla A. Thompson Assistant City Clerk Sylvia Scheider Note for the Record: Audio recording problems during this meeting resulted in portions of this transcript to be inaudible and/or unintelligible. 1 March 27, 2003 1. PRESENTATIONS AND PROCLAMATIONS CONDOLENCE TO FAMILY OF RAMOND MCELROY; PROCLAMATION TO THE MIAMI COMMISSION ON THE STATUS OF WOMEN; PROCLAMATION TO MARGARITA ROHAIDY DELGADO (NO APPEARANCE). Vice Chairman Teele: Ladies and gentlemen, with your permission, we will begin the protocol component of our agenda. Before we start, I'd like to explain very briefly where we are and what we're going to do. The time is approximately 9:10. We were scheduled to start the executive session, which means we have to have a formal meeting to call the executive session, and then retire into the room where the Attorney will give a presentation or will give a report to the Commissioners regarding the litigation. That should have been scheduled for 9 o'clock, and then we would come back so that we can honor, especially, certain individuals that are being honored; the family of one of our great board members, especially. What I would like to do, with Commissioner Regalado's permission, is have the presentation. We will then start the formal meeting for the purpose of having an executive session, and no business will commence prior to 10 p.m. -- 10 a.m. this morning, other than the proclamations. Presentations and proclamations delivered. An invocation was delivered by Vice Chairman Teele, followed by the pledge of allegiance to the flag. 2. CLOSED DOOR ATTORNEY-CLIENT SESSION TO DISCUSS PENDING LITIGATION RELATED TO: ACCESS NOW, INC., AND CHRIST TAVANTZIS VS. CITY, MIAMI DADE COUNTY, AND STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION. Vice Chairman Teele: The Chair recognizes Commissioner Regalado for a motion for an executive session. Commissioner Regalado: Mr. Chairman, I have a motion to start an executive session as requested by the City Attorney. Commissioner Sanchez: Second. Vice Chairman Teele: Moved and second. Mr. Attorney, would you read into the record the necessary information as it relates to an executive session? Alejandro Vilarello (City Attorney): Yes, sir. Under Florida Statue 286.011 -- Vice Chairman Teele: Ladies and gentlemen, we need your cooperation because we don't really have sound. Mr. Vilarello: The City Commission will now enter an attorney-client session, which is closed to the public, for the purpose of discussing pending litigation: Access Now, Incorporated versus the City of Miami; Dade County and the state of Florida Department of Transportation of the United States District Court, Southern District of Florida. The closed door session will start at 2 March 27, 2003 approximately 9:30 and conclude at approximately 10 o'clock in the morning. The session will be attended by members of the City Commission: Commissioner Regalado, Commissioner Gonzalez, Commissioner Sanchez, Commissioner Teele; the City Manager, Joe Arriola; the City Attorney, Alejandro Vilarello; and Assistant City Attorney Henry Hunnefeld. A certified court reporter will be present to ensure that the session is fully transcribed and upon the conclusion of the litigation it will be made available to the public. Mr. Chairman. Vice Chairman Teele: All right. We have a motion on the floor and a second. All those in favor, signify by the sign of "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 03-246 A MOTION TO RECESS THE REGULAR COMMISSION MEETING IN ORDER TO COMMENCE AN ATTORNEY-CLIENT SESSION TO DISCUSS PENDING LITIGATION RELATED TO: ACCESS NOW, INC., A FLORIDA NOT-FOR-PROFIT CORPORATION, AND CHRIST TAVANTZIS VS. CITY OF MIAMI, A MUNICIPAL CORPORATION, MIAMI DADE COUNTY, AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION SCHEDULED FOR 9:00 A.M. ON THIS SAME DATE. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Vice Chairman Teele: The motion is adopted and the Commission stands in recess for the executive session. THEREUPON THE COMMISSION RECESSED AT 9:29 A.M, and RECONVENED AT 10:15 AM. Mr. Vilarello: (INAUDIBLE) Vice Chairman Teele: We have already started the Commission meeting, for those of you that were not here when we started. We've already done the pledge of allegiance to the flag and 3 March 27, 2003 we've had prayer. We should acknowledge that the Chairman of the Commission, Commissioner Johnny Winton, is with us in spirit. He's monitoring the proceedings, but due to a accident, he's unable to physically attend, and we are wishing him well. We've also been asked to retroactively amend our prayer, and so, without further a due, I'm going to ask everyone to stand and join us in a silent prayer for our men and women who are overseas in harm's way. Thank you very much, ladies and gentlemen. Mr. Attorney, would you read into the record the necessary language? Mr. Vilarello: The attorney-client session is now closed. (INAUDIBLE). Vice Chairman Teele: Is there a motion? Commissioner Regalado: Move it. Vice Chairman Teele: Second? Commissioner Sanchez: Second. Vice Chairman Teele: Is there objection? Mr. Vilarello: Closing (INAUDIBLE) public recess. Vice Chairman Teele: Closing the session, all those in favor, say, "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All opposed, say "no." The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 03-247 A MOTION TO RECESS THE ATTORNEY-CLIENT SESSION REGARDING PENDING LITIGATION RELATED TO: ACCESS NOW, INC., A FLORIDA NOT-FOR-PROFIT CORPORATION, AND CHRIST TAVANTZIS VS. CITY OF MIAMI, A MUNICIPAL CORPORATION, MIAMI DADE COUNTY, AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION IN ORDER TO RECONVENE THE REGULAR COMMISSION MEETING. 4 March 27, 2003 Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton 3. BRIEF STATEMENTS BY VICE CHAIRMAN TEELE REGARDING MAYOR'S STATE OF CITY ADDRESS. Vice Chairman Teele: We should also advise the public that we will be breaking today at 11:45 sharp to allow for the State of the City Address to be presented by our Mayor today at 12 noon. That -- Mr. Manager, that speech will be given where? Over there? Be right next door in the Coconut Grove Convention Center, as last year, and the public is certainly welcome to attend. There are no vetoes before the Commission. 4. CONSENT AGENDA Vice Chairman Teele: The consent agenda is the next item. Are there - - Oh, the Chair should announce order of the day. It is the -- unless there is objection from the dais, the Chair intends to accept a deferral on any item that requires a 4/5tns vote that any Commissioner would choose to do so, subject, of course, to a vote of the Commission. Additionally, the Chair intends to commence with the update on the Little Haiti Park at 10 a.m. The CBDG [sic] items have been noticed properly for 3 p.m., and the Model Cities Revitalization Trust has been noticed for 4 p.m. It would also be the Chair's request that all items relating to appointments, which includes the -- that would require five votes or should have a full Commission, including the matters relating to the Auditor General and any other appointments would be deferred until there are five Commissioners on the dais. Of course, if anyone feels very strongly about a particular item that is being deferred, we can debate it, and of course, the majority of three votes would rule, but I think in the order -- in the essence of the manner in which collegiality should be extended, Commissioner Winton is not present, and I think it would be inappropriate to take up the Comptroller General without him being present, in that that is a board that work -- a body that works directly for the five -member commission. Is there objection to the order of the day? If not, the order is so ordered. Consent agenda items. Are there requests for deferrals, or withdrawals, or amendments of the consent agenda, Mr. Manager? Joe Arriola (City Manager): I guess nothing is perfect. I would like to request to withdraw item from the regular agenda, Item 7. Vice Chairman Teele: You want to go to the regular agenda -- 5 March 27, 2003 Mr. Arriola: Well -- Vice Chairman Teele: -- or to the -- ? Mr. Arriola: -- I could start with the consent agenda then, first. Vice Chairman Teele: OK. Mr. Arriola: Mr. Chair, on item CA -5 and CA -11, I would like to withdraw them. Vice Chairman Teele: Without objection, CA -5 and CA -11 is withdrawn. Mr. Arriola: I would also like to, if you allow me, make a statement why we're withdrawing this items; is that OK? Vice Chairman Teele: Yes, sir. Mr. Arriola: We have looked -- Commissioner Regalado: Excuse me. Mr. Arriola: We have looked -- Commissioner Regalado: CA (Consent Agenda) what? Vice Chairman Teele: 5 and CA. 11. Mr. Arriola: CA -5 and CA -11. Commissioner Regalado: OK. Mr. Arriola: As we looked into those items, we were going to take a contract away from a business in the City of Miami because they didn't have the capacity of bonding necessary. This is on a contract for radiators, and my understanding was that we had asked for a million -dollar bond from this small business, and the statement I want to make is that we are going to be looking into how we do a business practice in the future. I don't think that this is a good practice and we will look into it and make it more accessible to small business to do business with the City. On Item CA -23 there are 22 City employees currently serving on military duty. We have a list of these employees that we can hand out to you right now. On Item PA -2 and 3 -- Commissioner Gonzalez: Excuse me, Mr. Manager. Mr. Arriola: Yes, sir. Commissioner Gonzalez: Are you pulling CA -23, too? 6 March 27, 2003 Mr. Arriola: CA -23, I'm not pulling. I'm correcting, there's 22 City employees currently serving Commissioner Gonzalez: OK. Mr. Arriola: -- in military duty. I think you have a number of 14, but there are 22. Commissioner Gonzalez: Right. All right. Mr. Arriola: On Item PA -2 and 3 we would, respectfully, like to represent our recommendation in favor to one to be made when the item is presented? Vice Chairman Teele: Mr. Manager. Mr. Arriola: Yes, sir. Vice Chairman Teele: This item is being presented now, so anything you're going to do to 2 -- to CA -2 and 3, you need to do it right this moment. Mr. Arriola: It's PA -2 and 3, sir. Vice Chairman Teele: What? Mr. Arriola: PA -2 and 3. Vice Chairman Teele: Are you saying P -- ? Mr. Arriola: Personal appearances. Vice Chairman Teele: OK. Just so that we could do it this way, could we just deal with the consent— Mr. Arriola: OK. Well -- Vice Chairman Teele: -- agenda items at this time? Mr. Arriola: I'm sorry that -- Vice Chairman Teele: The consent agenda is on the floor. Mr. Arriola: It's over. It's Item CA -23 and -- is the last one, sir. Vice Chairman Teele: So, you want to pull 23? Mr. Arriola: No, sir. I want to make a correction on 23. We actually have 22 City employees instead of 14, which, I think, is what your book shows -- 7 March 27, 2003 Vice Chairman Teele: OK. Mr. Arriola: -- and we have a list of these employees. Vice Chairman Teele: All right, further corrections on CA items. Commissioner Gonzalez: Commissioner Teele -- well, I'm ready to move the consent agenda for discussion. Vice Chairman Teele: All right. Well, normally, consent agenda is not discussed. Commissioner Gonzalez: OK. Vice Chairman Teele: That's the whole purpose of having it. If you want to pull an item out for a discussion, then you pull it out and we'll discuss it -- Commissioner Sanchez: Then vote on it. Vice Chairman Teele: -- with the rest of them. Mr. Attorney. Alejandro Vilarello (City Attorney): Yes, sir. Vice Chairman Teele: Would you read into the record the CA 1-- the S -Special -CA -1 through 68 items that I've requested be pulled out? While you're doing that -- Mr. Vilarello: It's a special -- I'm sorry? Vice Chairman Teele: Would you -- ? I requested that you pull out several items of that packet on yesterday. Mr. Vilarello: Oh, I'm sorry, Commissioner, I did not identify those. Those are related to the Orange Bowl. Vice Chairman Teele: Well, that's exactly what -- while you're doing that, Mr. Knox, you're recognized on what item? George Knox: (INAUDIBLE). Vice Chairman Teele: Why don't you take the other mike and see if that one's working, Mr. Knox? Mr. Knox: It's working. For the record, my name is George Knox. I'm a resident of the City of Miami at 3863 Southwest Douglas Road. I am a principal of the Bunkers joint venture, which is the subject matter of Item CA -18, and on behalf of the parties, I would like to ask the Commission to please consider this item outside of the consent agenda, and if it is at all possible, 8 March 27, 2003 I would ask that you please consider it. We don't think that it would be a lengthy discussion, but we would ask that you consider it during the course of your consideration of the CA items. Commissioner Sanchez: Mr. Vice Chairman. Vice Chairman Teele: Commissioner Gonzalez had asked to be recognized. Commissioner Sanchez, Commissioner Gonzalez. Commissioner Sanchez. Commissioner Sanchez: Oh, thank you. Just to keep the order of the day in order, why don't we approve the consent agenda items that we all agree and you know, discuss -- not move the ones that we're willing to discuss. I believe Commissioner Gonzalez wants to discuss CA -23, but that way, we don't get them confused. Let's just go ahead -- and I'm prepared to make a motion on all the items. Vice Chairman Teele: There's a motion to approve all of the CA items, except the ones that have been removed, which, at this point, are CA -23, CA -5, and CA -11. Are there others? Commissioner Regalado: Mr. Chairman. Vice Chairman Teele: Yes, sir. Commissioner Sanchez: We have to share the mike, all three of us, so it's a little bit of an inconvenience, but -- Commissioner Regalado: Well -- Vice Chairman Teele: Commissioner Regalado. Commissioner Regalado: I -- Vice Chairman Teele: Did you want that item pulled? Unidentified Speaker: I want to speak on it? Vice Chairman Teele: We're not going to speak on it. We either approve it -- you want to withdraw it so that you can speak on it? Commissioner Gonzalez: Mr. Chairman, that's why I wanted to -- that's why I said that I wanted to discuss some items, and actually, what I wanted to do is recognize Charlie Cox, and I also have some comments in reference to -- Vice Chairman Teele: Unless Commissioner Sanchez has an objection, I think the way you're proceeding is excellent. His motion is on the floor and it doesn't have to be acted upon until someone calls the question. Would you allow Commissioner -- your colleague, Commissioner Gonzalez, to have a discussion on some items? 9 March 27, 2003 Commissioner Sanchez: I don't want to deny anybody the opportunity to speak. I just want to maintain some order as to whether we approve the CA items, and the one that we pulled out, we'll discuss. I think we've always done that. I mean, unless there's a problem with it. We're just going to confuse the issues. Let's vote on the ones that we're going to approve, and the ones that have -- Commissioner Gonzalez: OK, so -- Commissioner Sanchez: -- been pulled, we'll bring them out for discussion. Commissioner Gonzalez: OK, so I'm going to ask to pull Item 20 to be discussed later on. Vice Chairman Teele: You want to pull what item? Commissioner Gonzalez: Item CA -20. Vice Chairman Teele: Item CA -20 is pulled. Commissioner Gonzalez: Right. Commissioner Sanchez: CA -23 was also pulled. Vice Chairman Teele: CA -23 was not pulled. It was modified to show 14 to 22, is what my records are showing. Commissioner Sanchez: Oh, I'm sorry. CA -23 is not pulled, Mr. Chairman. Vice Chairman Teele: All right. Commissioner Sanchez: 22 and 23 have been amended. Vice Chairman Teele: Well, on 22, we don't have the amendment. Does the maker of the motion accept the amendment of 22? Commissioner Sanchez: Yes. Vice Chairman Teele: OK, 22 is substituted, as amended. That includes the $1 million -- Unidentified Speaker: Correct. Vice Chairman Teele: -- dollars increase? Unidentified Speaker: Correct. Vice Chairman Teele: OK, and it's understood, Mr. Attorney, that that doesn't trigger a bond requirement unless the work order itself exceeds $200,000, is that -- 10 March 27, 2003 Mr. Vilarello: Yes, sir. Vice Chairman Teele: -- correct? Mr. Vilarello: Yes, sir. Vice Chairman Teele: All right. Further discussion on -- Commissioner Gonzalez: Wait. Commissioner Regalado: Mr. Chairman? Mr. Chairman? Commissioner Gonzalez: I have a question. Vice Chairman Teele: I'm going to remove all of this S -CA -1 through 68 from the agenda -- from the packet, OK? Further discussion. Commissioner Regalado: Mr. Chairman. Mr. Vilarello: I'm sorry. Mr. Chairman, two items. Vice Chairman Teele: Commissioner Regalado, you're recognized. Commissioner Regalado: CA-18,1-- Vice A-18,I-- Vice Chairman Teele: Do you want to defer it? I mean, you want to pull it? Commissioner Regalado: No. I think it --I couldn't exactly hear what Mr. Knox had to say about it. Vice Chairman Teele: Do you want to discuss it, Mr. Knox? Mr. Knox: Yes, sir. Vice Chairman Teele: CA -18 is withdrawn from the packet. Commissioner Regalado: OK, we'll discuss it immediately. Vice Chairman Teele: We'll discuss it. We'll take that up next. Next -- any other items withdrawn? Pursuant to Commissioner Sanchez's request, we're only taking items out of the packet. We'll discuss them individually, as soon as this is over, so Madam Clerk, would you read into the record the items that have been amended or withdrawn from the consent agenda? Priscilla A. Thompson (City Clerk): According to my records, I have withdrawn by the City Manager CA -5; withdrawn by the City Manager CA -11. Item number 22, CA -22 is modified; 11 March 27, 2003 CA -23 is modified; and I show that Commissioner Teele pulled all of the specials S -CA -1 through S -CA -8 from the agenda. Vice Chairman Teele: 18, Ma'am. Ms. Thompson: I'm sorry. Vice Chairman Teele: CA -- Commissioner Regalado: 18. CA -18 has been pulled. Vice Chairman Teele: -- CA -1 through CA -68. That's S -CA -1 through 68, as well as Commissioner Regalado -- Commissioner Sanchez: CA -20 was -- Vice Chairman Teele: -- removed CA -18 -- Commissioner Sanchez: -- and CA -20. Vice Chairman Teele: -- as well as CA -20. Further discussion on the items that are going forward, Mr. Attorney. Mr. Vilarello: I need to correct the record. Out of the 68 items that you refer to are part of a separate consent agenda, so they are not considered within the consent agenda. It's identified as S -CA -1 through 68. Vice Chairman Teele: All right, so you're going to require a second vote on that item, so we stand corrected on that. It's not in the -- contain of the motion. Mr. Vilarello: It's not within this consent agenda. Vice Chairman Teele: All right. Further discussion? All those in favor of the consent agenda, as amended and withdrawn, say "aye." The Commission (Collectively): Aye. Ms. Thompson: I'm sorry, Commissioner, I didn't get a second. I had Commissioner -- Vice Chairman Teele: Commissioner Sanchez made the motion. Commissioner Gonzalez second the motion. Mr. Thompson: Thank you. Vice Chairman Teele: All those in favor, say "aye." 12 March 27, 2003 The Commission (Collectively): Aye. Vice Chairman Teele: The Chair records four votes voting in the affirmative. 4.1 ACCEPT BID OF MEF CONSTRUCTION, INC. FOR PROJECT ENTITLED "CITYWIDE SIDEWALK REPLACEMENT PROJECT PHASE 24, B-4664", TOTAL COST $215,000; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENTS PROJECT. RESOLUTION NO. 03-248 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF MEF CONSTRUCTION, INC. FOR THE PROJECT ENTITLED "CITYWIDE SIDEWALK REPLACEMENT PROJECT PHASE 24, B-4664", IN THE AMOUNT OF $189,050 FOR CONTRACT COSTS, PLUS $25,950 FOR EXPENSES INCURRED BY THE CITY, FOR A TOTAL ESTIMATED COST OF $215,000; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 341183; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PROJECT. 4.2 ACCEPT BID OF EL CARIBENO FOR PROVISION OF EVENT MAINTENANCE SERVICES AT COCONUT GROVE EXPO CENTER FOR DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES, TOTAL CONTRACT AMOUNT $240,000; ALLOCATE FUNDS FROM COCONUT GROVE EXPO CENTER DIVISION BUDGET. RESOLUTION NO. 03-249 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF EL CARIBENO FOR THE PROVISION OF EVENT MAINTENANCE SERVICES AT THE COCONUT GROVE EXPO CENTER FOR THE DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES, ON A CONTRACT BASIS FOR A ONE-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $80,000, FOR A TOTAL CONTRACT AWARD AMOUNT NOT TO EXCEED $240,000; ALLOCATING FUNDS FROM THE COCONUT GROVE EXPO CENTER DIVISION BUDGET, ACCOUNT CODE NO. 415000.350201.6.340, SUBJECT TO BUDGETARY APPROVAL; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 13 March 27, 2003 4.3 ACCEPT RECOMMENDATION OF MANAGER APPROVING FINDINGS OF EVALUATION COMMITTEE PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 01- 02-224, THAT MOST QUALIFIED FIRMS TO PROVIDE ENERGY PERFORMANCE SAVINGS CONTRACTING SERVICES ARE: (1) FLORIDA POWER AND LIGHT, (2) JOHNSON CONTROLS, INC., AND (3) TECO BGA, INC.; AUTHORIZE MANAGER TO NEGOTIATE PROFESSIONAL SERVICES AGREEMENT WITH FLORIDA POWER AND LIGHT. RESOLUTION NO. 03-250 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 01- 02-224, THAT THE MOST QUALIFIED FIRMS TO PROVIDE ENERGY PERFORMANCE SAVINGS CONTRACTING SERVICES ARE, IN RANK ORDER: (1) FLORIDA POWER AND LIGHT, (2) JOHNSON CONTROLS, INC., AND (3) TECO BGA, INC.; AUTHORIZING THE CITY MANAGER TO NEGOTIATE A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT") WITH FLORIDA POWER AND LIGHT, THE TOP-RANKED FIRM, FOR AN INITIAL TEN-YEAR PERIOD, WITH THE OPTION TO EXTEND FOR ONE ADDITIONAL FIVE-YEAR PERIOD; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH THE SECOND -RANKED FIRM AND THE THIRD -RANKED FIRM, RESPECTIVELY, IN THE EVENT NEGOTIATIONS FAIL WITH THE TOP-RANKED FIRM; DIRECTING THE CITY MANAGER TO PRESENT THE AGREEMENT TO THE CITY COMMISSION FOR CONSIDERATION. 14 March 27, 2003 4.4 APPROVE PROCUREMENT OF ELECTRICAL PRODUCTS FROM GRAYBAR ELECTRIC COMPANY, FOR DEPARTMENT OF PURCHASING, TO BE USED BY VARIOUS USER DEPARTMENTS AND AGENCIES, UNDER EXISTING LOS ANGELES COUNTY CONTRACT NO. 41902; ALLOCATE FUNDS FROM GENERAL OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS. RESOLUTION NO. 03-251 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE PROCUREMENT OF ELECTRICAL PRODUCTS FROM GRAYBAR ELECTRIC COMPANY, INC. FOR THE DEPARTMENT OF PURCHASING, TO BE USED BY VARIOUS USER DEPARTMENTS AND AGENCIES, UNDER EXISTING LOS ANGELES COUNTY CONTRACT NO. 41902, ON AN AS -NEEDED CONTRACT BASIS, EFFECTIVE THROUGH JANUARY 31, 2006, SUBJECT TO FURTHER EXTENSIONS BY LOS ANGELES COUNTY; ALLOCATING FUNDS FROM THE GENERAL OPERATING BUDGETS OF THE VARIOUS USER DEPARTMENTS, SUBJECT TO AVAILABILITY OF FUNDS. 4.5 AUTHORIZE FUNDING OF POLICE ATHLETIC LEAGUE (PAL) PROGRAM, TO ASSIST WITH EXPENSES RELATED TO OPERATION OF PROGRAM, 510,000; ALLOCATE FUNDS FROM LAW ENFORCEMENT TRUST FUND. RESOLUTION NO. 03-252 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE FUNDING OF THE POLICE ATHLETIC LEAGUE ("PAL") PROGRAM, TO ASSIST WITH EXPENSES RELATED TO THE OPERATION OF THE PROGRAM, IN AN AMOUNT NOT TO EXCEED $510,000; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690001, SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA STATUTES (2002), AS AMENDED. 15 March 27, 2003 4.6 AUTHORIZE FUNDING OF POLICE EXPLORERS PROGRAM, AND ALLOCATE $50,000, FROM LAW ENFORCEMENT TRUST FUND. RESOLUTION NO. 03-253 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING FUNDING OF THE POLICE EXPLORERS PROGRAM TO ASSIS WITH EXPENSES RELATED TO THE OPERATION OF THE PROGRAM, IN AN AMOUNT NOT TO EXCEED $50,000, FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NUMBER 690001, SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH FLORIDA STATE STATUTES, CHAPTER 932.7055, AS AMENDED; FURTHER AUTHORIZING THE CITY MANGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 4.7 AUTHORIZE PURCHASE OF CELLULAR EQUIPMENT AND SERVICES FROM VARIOUS VENDORS FOR DEPARTMENT OF POLICE UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 725-000-03-1, $100,591; ALLOCATE FUNDS FROM POLICE GENERAL OPERATING BUDGET. RESOLUTION NO. 03-254 A RESOULUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PURCHASE OF CELLULAR EQUIPMENT AND SERVICES FROM VARIOUS VENDORS FOR THE DEPARTMENT OF POLICE, ON AN AS - NEEDED BASIS, UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 725-000-03-1, EFFECTIVE UNTIL DECEMBER 19, 2005, AND ANY EXTENSIONS, IN AN ANNUAL AMOUNT NOT TO EXCEED $100,591; ALLOCATING FUNDS FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NOS. 001000.290201.6.510, 001000.290201.6.840 AND 001000.290201.6.850, SUBJECT TO BUDGETARY APPROVAL. 16 March 27, 2003 4.8 AUTHORIZE PURCHASE OF CELLULAR EQUIPMENT AND SERVICES FROM VARIOUS VENDORS FOR DEPARTMENT OF POLICE, UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 725-000-03-1; ALLOCATE $105,000, FROM LAW ENFORCEMENT TRUST FUND. RESOLUTION NO. 03-255 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PURCHASE OF CELLULAR EQUIPMENT AND SERVICES FROM VARIOUS VENDORS FOR THE DEPARTMENT OF POLICE, ON AN AS - NEEDED BASIS, UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 725-000-03-1, EFFECTIVE UNTIL DECEMBER 19, 2005, SUBJECT TO ANY EXTENSIONS; SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE UNITED STATES DEPARTMENT OF THE TREASURY'S "GUIDE TO EQUITABLE SHARING;" ALLOCATING FUNDS, IN AN ANNUAL AMOUNT NOT TO EXCEED $105,000, FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690003. 4.9 AUTHORIZE MANAGER'S ENGAGEMENT OF EDWARDS AND KELCEY, INC., FOR DESIGN DEVELOPMENT, PREPARATION OF BIDDING AND CONSTRUCTION DOCUMENTS, CONSTRUCTION AND ADMINISTRATION CONSULTING SERVICES RELATED TO BICENTENNIAL PARK SHORELINE STABILIZATION PROJECT; ALLOCATE $378,407 FOR SERVICES AND EXPENSES FROM CAPITAL IMPROVEMENT PROJECT ENTITLED `BICENNTENIAL PARK IMPROVEMENTS." RESOLUTION NO. 03- 256 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER'S ENGAGEMENT OF EDWARDS AND KELCEY, INC., SELECTED FROM THE LIST OF PRE -APPROVED ENGINEERING FIRMS, APPROVED BY RESOLUTION NO. 02-144, FOR THE DESIGN DEVELOPMENT, PREPARATION OF BIDDING AND CONSTRUCTION DOCUMENTS, CONSTRUCTION AND ADMINISTRATION CONSULTING SERVICES RELATED TO THE BICENTENNIAL PARK SHORELINE STABILIZATION PROJECT, AT SPECIFIC COSTS TO BE DETERMINED BY (1) THE SCOPE OF SERVICES REQUIRED FOR SAID PROJECT, AND (2) TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT WITH EDWARDS AND KELCEY, INC., EXECUTED PURSUANT TO RESOLUTION NO. 02-144; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; AND ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $378,407 FOR SERVICES AND EXPENSES INCURRED BY THE CITY, FROM CAPITAL IMPROVEMENT PROJECT NO. 331418, ENTITLED `BICENNTENIAL PARK IMPROVEMENTS." 17 March 27, 2003 4.10 AUTHORIZE ROLLOVER OF $31,871, FROM FISCAL YEAR 2001-2002 TO 2002- 2003, FROM 2000 SUPER NOFA SUPPORTIVE SERVICES GRANT AWARDED TO HOMELESS PROGRAM BY UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT THROUGH MIAMI-DADE COUNTY HOMELESS TRUST. RESOLUTION NO. 03- 257 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ROLLOVER OF FUNDS, IN THE AMOUNT NOT TO EXCEED $31,871, FROM FISCAL YEAR 2001-2002 TO 2002-2003, FROM THE 2000 SUPER NOFA SUPPORTIVE SERVICES GRANT AWARDED TO THE HOMELESS PROGRAM BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT THROUGH MIAMI-DADE COUNTY HOMELESS TRUST; AUTHORIZING THE CITY MANAGER TO AMEND THE EXISTING WORK PROGRAM AND BUDGET TO REFLECT THE ROLLOVER OF SAID FUNDS. 4.11 AUTHORIZE ROLLOVER OF UNEXPENDED REVENUES, $16,768, FROM FISCAL YEAR 2001-2002 TO FISCAL YEAR 2002-2003 "ALLIANCE FOR HUMAN SERVICES GRANT TO CITY HOMELESS PROGRAM AWARDED TO HOMELESS PROGRAM BY MIAMI-DADE COUNTY DEPARTMENT OF HUMAN SERVICES, ALLIANCE FOR HUMAN SERVICES. RESOLUTION NO. 03- 258 A RESOLUTON OF THE MIAMI CITY COMMISSION AUTHORIZING THE ROLLOVER OF UNEXPENDED REVENUES, IN THE AMOUNT OF $16,768, FROM FISCAL YEAR 2001-2002 TO FISCAL YEAR 2002-2003 "ALLIANCE FOR HUMAN SERVICES GRANT TO THE CITY OF MIAMI HOMELESS PROGRAM," AWARDED TO THE HOMELESS PROGRAM BY MIAMI-DADE COUNTY DEPARTMENT OF HUMAN SERVICES, ALLIANCE FOR HUMAN SERVICES; AND AUTHORIZING THE CITY MANAGER TO AMEND THE EXISTING WORK PROGRAM AND BUDGET TO REFLECT THE ROLLOVER OF FUNDS. 18 March 27, 2003 4.12 AUTHORIZE DIRECTOR OF FINANCE TO PAY AS SETTLEMENT TO PLAINTIFF, DAVID F. McCRANIE, SUM OF $85,000, IN COMPLETE SETTLEMENT OF ALL CLAIMS AGAINST CITY IN CASE OF DAVID F. McCRANIE VS. CITY; ALLOCATE $85,000, FROM SELF-INSURANCE AND INSURANCE TRUST FUND. (See #6) RESOLUTION NO. 03- 259 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY AS SETTLEMENT TO PLAINTIFF, DAVID F. MCCRANIE, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $85,000, 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 OFFICER GUILLERMO GONZALEZ, IN THE CASE OF DAVID F. MCCRANIE VS. THE CITY OF MIAMI, FILED IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 02-11472 CA (05), UPON THE EXECUTION OF A GENERAL RELEASE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, RELEASING 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 $85,000, FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.652. 4.13 AUTHORIZE DIRECTOR OF FINANCE TO PAY GEORGE DOUGLAS SCOLLIN AND LINDA ZIBELLI-SCOLLIN, SUM OF $65,000 IN FULL SETTLEMENT OF ALL CLAIMS AND DEMANDS AGAINST CITY IN CASE OF GEORGE DOUGLAS SCOLLIN AND LINDA ZIBELLI-SCOLLIN V. CITY; ALLOCATE FUNDS FROM SELF-INSURANCE AND INSURANCE TRUST FUND. RESOLUTION NO. 03- 260 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY GEORGE DOUGLAS SCOLLIN AND LINDA ZIBELLI-SCOLLIN, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $65,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF GEORGE DOUGLAS SCOLLIN AND LINDA ZIBELLI-SCOLLIN V. CITY OF MIAMI, IN THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 01-31252 CA (22), UPON EXECUTING A GENERAL RELEASE FOR THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.651. 19 March 27, 2003 4.14 AUTHORIZE DIRECTOR OF FINANCE TO PAY SETTLEMENT TO PLAINTIFF, ELENA PRUNEDA, SUM OF $65,000, IN FULL SETTLEMENT OF ALL CLAIMS AGAINST CITY IN CASE OF PRUNEDA VS. CITY; ALLOCATE $65,000, FROM SELF-INSURANCE AND INSURANCE TRUST FUND. (See #6) RESOLUTION NO. 03-261 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY AS SETTLEMENT TO PLAINTIFF, ELENA PRUNEDA, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $65,000, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF PRUNEDA VS. THE CITY OF MIAMI, FILED IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 01-29823 CA O1, UPON THE EXECUTION OF A GENERAL RELEASE BY ELENA PRUNEDA AND LAZARO PRUNEDA, ACCEPTABLE TO THE CITY ATTORNEY, OF ALL CLAIMS AND RELEASING 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 $65,000, FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.652. 4.15 AUTHORIZE CITY ATTORNEY'S CONTINUED ENGAGEMENT OF GREENBERG TRAURIG, P.A. TO REPRESENT CITY IN MATTER OF TERMINATION OF EMPLOYMENT PROCEEDINGS AGAINST JESUS "JESSE" AGUERO, $50,000, PLUS COSTS AS APPROVED BY CITY ATTORNEY; ALLOCATE FUNDS FROM SELF- INSURANCE AND INSURANCE TRUST FUND. (See #6) RESOLUTION NO. 03-262 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY'S CONTINUED ENGAGEMENT OF GREENBERG TRAURIG, P.A. TO REPRESENT THE CITY OF MIAMI IN THE MATTER OF TERMINATION OF EMPLOYMENT PROCEEDINGS AGAINST JESUS "JESSE" AGUERO, IN THE AMOUNT OF $50,000, PLUS COSTS AS APPROVED BY THE CITY ATTORNEY; AND ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 515001.624401.6.661, FOR SAID LEGAL SERVICES 20 March 27, 2003 4.16 AUTHORIZE MANAGER TO NEGOTIATE AND EXECUTE SPECIFIC COST AGREEMENT WITH EDWARDS AND KELCEY, INC. FOR DESIGN DEVELOPMENT PREPARATION OF BIDDING AND CONSTRUCTION DOCUMENTS, CONSTRUCTION ADMINISTRATION, AND POST -CONSTRUCTION ADMINISTRATION CONSULTING SERVICES RELATED TO PROJECT S.W. 16TH TERRACE, STREET IMPROVEMENTS; ALLOCATE $250,000 FOR SERVICES EXPENSES INCURRED BY CITY FROM CAPITAL IMPROVEMENT PROJECT ENTITLED "S.W. 16TH TERRACE STREET IMPROVEMENTS". RESOLUTION NO. 03-263 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER'S ENGAGEMENT OF EDWARDS AND KELCEY, INC., SELECTED FROM THE LIST OF PRE -APPROVED LIST OF ENGINEERING FIRMS, APPROVED BY RESOLUTION NO. 02-144, FOR THE DESIGN DEVELOPMENT PREPARATION OF BIDDING AND CONSTRUCTION DOCUMENTS, CONSTRUCTION ADMINISTRATION, AND POST -CONSTRUCTION ADMINISTRATION CONSULTING SERVICES RELATED TO THE PROJECT S.W. 16TH TERRACE, STREET IMPROVEMENTS, AT SPECIFIC COSTS TO BE DETERMINED BY (1) THE SCOPE OF SERVICES REQUIRED FOR SAID PROJECT, AND (2) TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT WITH EDWARDS AND KELCEY, INC. EXECUTED PURSUANT TO RESOLUTION NO. 02- 144; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; AND ALLOCATING FUNDS IN AN AMOUNT NOT TO EXCEED $250,000 FOR SERVICES AND EXPENSES INCURRED BY THE CITY, FROM CAPITAL IMPROVEMENT PROJECT NO. 341206 ENTITLED "S.W. 16TH TERRACE STREET IMPROVEMENTS". 21 March 27, 2003 4.17 AUTHORIZE INCREASE IN CONTRACT AMOUNT WITH METRO EXPRESS, INC., TO COVER COSTS FOR ADDITIONAL WORK ON PROJECT ENTITLED "CITYWIDE CURB REPLACEMENT PROJECT 2003, B-4661", $200,000, INCREASING CONTRACT AMOUNT FROM $98,050 TO $298,050; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROGRAMS. RESOLUTION NO. 03-264 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN INCREASE IN THE CONTRACT AMOUNT WITH METRO EXPRESS, INC., TO COVER COSTS FOR ADDITIONAL WORK ON THE PROJECT ENTITLED "CITYWIDE CURB REPLACEMENT PROJECT 2003, B-4661", IN AN AMOUNT NOT TO EXCEED $200,000, INCREASING THE TOTAL CONTRACT AMOUNT FROM $98,050 FOR CONTRACT COSTS, PLUS $22, 950 FOR EXPENSES INCURRED BY THE CITY, TO $298,050 AND ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 311714 FOR SAID PROJECT; FURTHER AUTHORIZING AN INCREASE IN THE CONTRACT AMOUNT WITH METRO EXPRESS, INC., IN AN AMOUNT NOT TO EXCEED $1 MILLION, FOR WORK REQUIRED FOR THE 9TH STREET MALL PROJECT, LOCATED IN THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA"), ONTINGENT UPON THE CRA ALLOCATING FUNDS FROM ACCOUNT CODE NO. 799126.452502.6.930; FURTHER AUTHORIZING THE CITY TO USE ANY UNUSED PORTION OF THE CRA INCREASE FOR PROJECT B-4661 WITH FUNDS ALLOCATED FROM CIP 341183; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PROJECTS. 22 March 27, 2003 4.18 AUTHORIZE MANAGER TO PROVIDE CITY EMPLOYEES WHO ARE MEMBERS OF UNITED STATES MILITARY RESERVE OR FLORIDA NATIONAL GUARD AND ORDERED TO REPORT FOR ACTIVE DUTY IN RESPONSE TO UNITED STATES' WAR WITH IRAQ OR TERRORIST ATTACKS AGAINST UNITED STATES, SUPPLEMENT, RETROACTIVE TO SEPTEMBER 25, 2002, IF APPLICABLE, TO CONTINUE UNTIL SEPTEMBER 25, 2003, TO MILITARY PAY. RESOLUTION NO. 03- 265 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO PROVIDE CITY OF MIAMI EMPLOYEES WHO ARE MEMBERS OF THE UNITED STATES MILITARY RESERVE OR FLORIDA NATIONAL GUARD AND ORDERED TO REPORT FOR ACTIVE DUTY IN RESPONSE TO THE UNITED STATES' WAR WITH IRAQ OR TERRORIST ATTACKS AGAINST THE UNITED STATES, A SUPPLEMENT, RETROACTIVE TO SEPTEMBER 25, 2002, IF APPLICABLE, TO CONTINUE UNTIL SEPTEMBER 25, 2003, TO MILITARY PAY RECEIVED IN AN AMOUNT NECESSARY TO BRING TOTAL SALARY, INCLUSIVE OF BASE MILITARY PAY, TO THE LEVEL EARNED AT THE TIME OF THE ORDER TO ACTIVE MILITARY DUTY; APPROVING CERTAIN OTHER SPECIFIED BENEFITS, WITH THE MONIES FOR SUCH EXPENDITURE BEING ALLOCATED FROM PREVIOUSLY APPROPRIATED SALARY AND SALARY SURPLUS FUNDS; DIRECTING THE CITY MANAGER TO DETERMINE THE NEED TO CONTINUE OR TERMINATE SUCH BENEFITS EVERY SIX MONTHS AND TO ADVISE THE CITY COMMISSION ACCORDINGLY; AND DIRECTING THE CITY MANAGER TO EXECUTE ALL THE NECESSARY DOCUMENTS FOR SAID PURPOSE. 4.19 ACCEPT REPORT FROM CIVIL SERVICE BOARD. MOTION NO. 03-266 A MOTION ACCEPTING A REPORT FROM THE CIVIL SERVICE BOARD. 23 March 27, 2003 5. DIRECT CITY ATTORNEY TO PROCEED WITH BINDING ARBITRATION WITH BUNKERS OF MIAMI; STIPULATE THAT ISSUE OF STATUTE OF LIMITATIONS BE CONTINUED TO 6:55 P.M. ON THIS SAME DATE TO ALLOW BOTH PARTIES TIME TO DISCUSS THIS MATTER. (See #4.15 & 78) Vice Chairman Teele: CA -18. Mr. Knox, you're up. George F. Knox: Thank you so much, Mr. Chair and members of the Commission. I've identified myself previously as George F. Knox, resident of the City of Miami, residing at 3863 Southwest Douglas Road, and I do represent the interest of Bunkers of Miami and those parties identified in CA -18. I think that on behalf of Bunkers, we can advise the City that we believe that there is an adversary relationship which exists between the parties and the City of Miami at this moment. We would ask that that be resolved in a manner that's consistent with the good faith that's been shown by both parties, and in lieu of adopting the resolution that's been presented to you by your City Attorney, we request that you direct your City Attorney to refer the matter to binding arbitration. We all know the advantages of arbitration, most importantly of which the efficiency and speed at which the resolution of a dispute can be accomplished. We suggest, also, that there be three persons who would serve on the arbitration panel, and that your City Attorney be directed to work in a manner consistent with your desire to resolve this matter both effectively, fairly and expediently, and so we would therefore request that you not adopt the resolution presented by CA -18, but in lieu of the resolution, that you direct your City Attorney to do all things necessary in order to achieve a resolution of the dispute by binding arbitration. Commissioner Regalado: Mr. Chairman. Vice Chairman Teele: Commissioner -- Who's district is this in? Commissioner Gonzalez: My district. Commissioner Regalado: Gonzalez. Vice Chairman Teele: Commissioner Gonzalez, I'm going to always respect the chair -- the person who has the district first. Did you have a point of view that you want to be heard on? Commissioner Gonzalez: Yes, sir. I happen to agree with Mr. Knox, and the fact of the matter is that ever since I became Commissioner of District 1, I've been fighting to get this contract -- this golf course taken care of, to have this golf course upgraded, to have a club house built, to have whatever -- This is the only -- and I'm going to repeat it once again -- this is the only golf course in the City of Miami, and let me tell you. It's shameful, it's shameful to go to that place, and I don't want to go into the history of what happened with that golf course. I think everybody knows the history of it. The reason that golf course is in the condition that it is today is because of personal political vendettas of the prior administration and the prior -- and some of the prior governments in this City, and that is something that we cannot tolerate, and we -- if we're working to bring this City in a different course, and we're constantly talking about "One City, One Future," and we really want to have a different future for this City, it's time for us to cut down this BS and start being proactive on solving the problems that we have in this City, and 24 March 27, 2003 this golf course is a problem. It's a shame to our City, and every time that I sit down and I discuss this issue, I get different arguments and I get promises from the administration. I get promises from the Sports and Exhibition Authority. I get promises -- but the end result, I get promised one thing and two weeks later, the story is different. There was supposed to have been a meeting and when I tried to find the results of that meeting, I got five different versions of what happened at that meeting, so yes, I'm supporting Mr. Knox's request, and furthermore, I will propose that -- yes. Vice Chairman Teele: Is there a motion? Commissioner Gonzalez: Yes, sir. My motion is to approve Mr. Knox's request and send this to an arbitration. Vice Chairman Teele: Mr. Attorney? Alejandro Vilarello (City Attorney): The -- Vice Chairman Teele: Explain the motion -- Commissioner Regalado: I'll second the motion. Vice Chairman Teele: Let the Attorney explain the motion. Mr. Vilarello: On the motion, Mr. Knox has requested that the City Commission consent to an alternative dispute resolution method, which would be a three-judge binding arbitration on this matter. I have no -- and the balance of that is that you not authorize my office to file suit and serve the lawsuit to preserve the City's interest with regard to a settlement that the City entered into approximately one year ago. That's the nature of the motion and I'd like to speak to the motion at the appropriate time, Mr. Chairman. Vice Chairman Teele: The motion has been moved and second. The discussion now is on the item. Commissioner Regalado second the motion. Commissioner Sanchez, did you want to be heard on it? Commissioner Sanchez: Yes, sir. This deal goes back to January 25 of 1996. I wasn't around and many of us wasn't around here. Let me just say that right off the bat, it was a bad deal. It was a bad deal for this City. The City received bad press, and so did the partners involved in that deal. I, as one, would like to avoid a long, dragged out court battle, which will embarrass both sides on this issue. I stand with the position that Commissioner Gonzalez states. It's every great city should have a golf course, and that golf course, which I play in, is an embarrassment to this City. I don't have a problem with the binding arbitration, but I would feel much, much comfortable if the City Attorney would assure us that we will not put the City in harm's way. Although, I do think that we avoid that long drawn court battle. It's going to save the City hundreds and thousands of dollars in the process, so at this time, I would yield to any of my colleagues who would want to address the issue. 25 March 27, 2003 Commissioner Regalado: Mr. Chairman. Vice Chairman Teele: Are you supporting the motion? Are you supporting the motion by Commissioner -- ? Commissioner Sanchez: Well, at this time, I'd like to hear from the City Attorney on the issue. Vice Chairman Teele: And we want to hear from the City Manager. Commissioner Regalado: Mr. Chairman. Vice Chairman Teele: Commissioner Regalado. Commissioner Regalado: Commissioner Sanchez mentioned January 1996. On my first meeting of September `96, we were addressing the issue of this legal battle, and since then, it has come up, and come up, and come up. It's like that bunny that keeps walking and doing things, and so, we need to get this over with. I will support the arbitration, and hopefully, a panel would decide. Whoever wins, wins, but something has to be done to that golf course. I mean, MSEA, Miami Sports and Exhibition Authority, there are three members here; Commissioner Teele, Commissioner Gonzalez and myself. We could have money to do things in that golf course, and yet, we have to return that money to the County because it's impossible to do something, so might as well get it over with, and I will support the arbitration. Vice Chairman Teele: All right. Now, we'd like to hear from the Manager and the Attorney, or the Attorney and the Manager, and then we're going to bring this to a vote. Mr. Vilarello: Mr. Chairman, with regard to the alternative dispute resolution method, I have no objection to that process. It is a process that can expedite a litigation and resolve the issues in a final way. I do have an objection to the motion on the second part; that is that we not proceed to serve the lawsuit and preserve the City's interest. We have been working on -- for the last three or four days -- a tolling agreement that would allow that the Statute of Limitations would not run on the processing of our claim, and we've been unable to achieve a satisfactory conclusion on that agreement. However, if you don't authorize us to proceed to file this lawsuit, what happens is you may give up a right of indemnification. Obviously, the parties dispute whether or not there's an obligation to indemnify or not. However, I would like to resolve that issue in the appropriate forum, so I would request that the motion be amended. Vice Chairman Teele: Commissioner Gonzalez, you have the request. Will you take that under advisement? Commissioner Gonzalez: Yes, I sure will. See, that is the problem. That is exactly the problem that has been going on for years, and years, and years. I was told that Bunkers' attorneys were working with the City Attorney in order to extend the Statute of Limitations, so the City would be protected. Yesterday afternoon, they were still talking and they were discussing negotiations to this fact, and I know from experience that sometimes it's very hard to communicate with our City Attorney, because sometimes you call his office and you cannot get him on the phone 26 March 27, 2003 because he's busy doing ten million other things. I'm not going to -- I'm not blaming the City Attorney. What I would like to do, if it is possible and we have the consensus, is to give the City Attorney and Bunkers' attorney an opportunity, until 3 o'clock, to get together and work out the negotiation of extending -- compromising to extend the Statute of Limitations, but one thing that I'm not going to compromise is the City not being able to take legal action later on and review whatever process the City has, so my motion is to table the decision of the Statute of Limitations until 3 o'clock, give Mr. Knox -- give you enough time to get a hold of your attorney, and give Mr. City Attorney the opportunity and the time to get together with your attorney and come back with an answer at 3 o'clock, whenever we come back for session. Mr. Knox: May I please speak to that? Vice Chairman Teele: No, no, no, no, Mr. Knox. Mr. Attorney. Mr. Vilarello: That is an acceptable solution. Vice Chairman Teele: All right. Would you state the motion in accordance with the acceptable solution? Mr. Vilarello: The motion, at this point, is a motion to table until 3 o'clock. Commissioner Gonzalez: No, no. The motion is that we want this to go to arbitration. That's -- we need this to go to arbitration. Now, separate from this going to arbitration, OK -- Vice Chairman Teele: You'll take -- Commissioner Gonzalez: I don't want to take the City -- I don't want to take away from the City the opportunity to take legal action later on and like I told you, supposedly there was a compromise between Bunkers' attorneys and the City Attorney to come to an agreement to extend, and accepts extending the Statute of Limitations so the City could later on take legal action. Vice Chairman Teele: All right. Let me tell you what the chair is going to rule. The chair is ruling that the issue must be bifurcated for a vote; that the first vote this morning will be on whether or not to go to binding arbitration. Commissioner Gonzalez: That's right. Vice Chairman Teele: There will be a secondary vote based upon when the Attorney can come back today or at the next meeting regarding the lawsuit, giving everybody time to meet and to work it out. Is that satisfactory to you, Mr. Attorney? Commissioner Gonzalez: That's correct, Mr. Chairman. Vice Chairman Teele: So, you will amend your motion only to deal with binding arbitration, leaving open the issue of the lawsuit. Would you accept it as the seconder of the motion? 27 March 27, 2003 Commissioner Regalado: Yes. Vice Chairman Teele: OK, so right now, we're discussing solely the issue of binding arbitration. Mr. Manager, you've not been heard. Joe Arriola (City Manager): Mr. Chairman, I find myself in a very tough spot here, because I work for the City and I have friends in Bunkers and I want to solve this situation as quickly as possible. As you know, I've gone to mediation with them once before. I am all for going to arbitration. I just want to warn you of what I heard through mediation, and you should be very aware of it. I am all for this -- let me start with that statement -- but I think that you have to know exactly what they are asking through arbitration. Now, if the process of -- some of the ideas that were thrown out there was that the City -- and I know you understand that you want to put this under MSEA. Vice Chairman Teele: I don't believe a decision -- I don't believe any decision like that has been debated, discussed. I have no idea what the Mayor wants, or what anyone else wants, but I think that issue is certainly not a policy decision of the Commission. Mr. Arriola: No, but let me get back to the issue. We just need to understand what Bunkers is trying to accomplish, what they're asking for, because I understand that your feelings is to put this under MSEA and bring this in -- which I'm all for it. I'm really feel very strongly about it. I think we should do it. This is something that is the right thing to do, but I think that it's very important that we have an agreement that this is something that's going to be acceptable, that all of a sudden it doesn't come out that now, through this mediation or arbitration, we're asked to, all of a sudden, put money not through MSEA, but put money to repair the golf course and continue the contracts as -is. Now, if that's your wish, it's fine with me. I mean, I want to help this, but I think that their plan or what they want to do with the golf course should be explained to you so you have a better understanding where all parties are coming from. I know where this Commission is coming from and what this Commission is willing to do and wants to do, which is the right thing, but I don't think that it's very clear, and you should understand -- and by the way, I'm going to agree with whatever you say and support it 100 percent, but I think before you jump into things, you should understand what they're going to be asking for before it kind of gets you as a surprise. Vice Chairman Teele: All right. Mr. Attorney. I'm sorry. Commissioners take precedence. Commissioner Sanchez. Commissioner Sanchez: I will yield to the City Attorney. Mr. Vilarello: Mr. Chairman, Commissioners, and I'm sure Mr. Knox will agree, with regard to the alternative dispute resolution method, only legal issues with regard to the contracts between the parties would be litigated. I believe the Manager is correct to point out that we are in ongoing discussions to try to resolve -- mutually resolve the disputed issues between the parties, and in that respect, we will continue to try to resolve that pending -- the litigation, but the binding arbitration only addresses litigation issues. 28 March 27, 2003 Vice Chairman Teele: Is binding arbitration binding, Mr. Attorney? Unidentified Speaker: Yes. Vice Chairman Teele: Is it binding on all parties? Unidentified Speaker: Yes. Vice Chairman Teele: Will the City and the -- Bunkers be obliged to do what the three judges rule? Mr. Vilarello: We would enter into an agreement that would resolve those issues between the parties. Vice Chairman Teele: Mr. Knox. Mr. Vilarello: That's why I wanted to bifurcate the motion. Vice Chairman Teele: Are you all prepared to accept the agreement, as outlined by the Attorney, that you all will enter into such a binding agreement? Mr. Knox: An agreement to arbitrate. Vice Chairman Teele: To arbitrate. Mr. Knox: But we regard arbitration as an adversary proceeding. The findings, conclusions -- Vice Chairman Teele: The question is, will you and your principals agree to enter into that agreement with the principals and your -- their attorney signing as required by the (UNINTELLIGIBLE)? Mr. Knox: That we would enter into binding arbitration. Vice Chairman Teele: Right. Mr. Knox: And we feel that that would moot the second concern that's been expressed by your City Attorney, because questions of statutes of limitations and other legal questions are to be resolved by the arbitrator, and there would be no further legal proceeding. In other words, he's trying to preserve a Statute of Limitations and bind the parties to arbitration at the same time, and that makes, frankly, not too much logical sense. We want to resolve -- there are issues that can be resolved by -- Vice Chairman Teele: All right. Mr. Knox: -- a tribunal, and we suggest that tribunal -- 29 March 27, 2003 Vice Chairman Teele: Mr. Knox, you've given the attorney's reputation something to respond to, so Mr. Attorney, would you like to discuss the logic? Just so that he can at least defend his honor. Mr. Vilarello: The second part of the motion that I objected to simply preserves the City's interest until such time as the parties agree to the binding arbitration agreement. Once -- Mr. Knox is correct. Once the parties have come to that agreement, certainly we can go forward, but however, you're on a very short time frame to preserve that interest. In fact, I've deferred this matter several times from the City Commission agenda because we were trying to reach a settlement on the overall issues. Vice Chairman Teele: What is the consensus of the Statute of Limitations tolling the date? Mr. Vilarello: With regard to a settlement that we entered into and our entitlement to indemnification -- contractual indemnification by Bunkers for the payment of that settlement with Gregori International -- Vice Chairman Teele: What's the date? Mr. Vilarello: We have to serve, I believe, before April Stn Vice Chairman Teele: Well, I could tell you right now, I'm going to be voting to instruct the Attorney to file the lawsuit, but not to be -- Mr. Vilarello: We've actually already filed the lawsuit, Commissioner. I have not served it without Commission authorization, so I need to serve it. Vice Chairman Teele: Why didn't you serve it on him here? He's right there. Mr. Vilarello: Well, as is the standard before the City Commission, I always request authority before we file litigation. Vice Chairman Teele: All right. Commissioner Sanchez, and then Commissioner Gonzalez to close. Commissioner Sanchez: Mr. Vice Chairman, the only sticking issue here is, of course, the Statute of Limitation that basically protects our interest at the City. I don't have a problem with the binding arbitration, but the issue here is that we cannot allow to either waive or to have the Statute of Limitation expire because then we're no longer in the ballgame, and that's a concern that I have, and I want assurance -- and I made it very clear on the record -- that one, we do not lose the Statute of Limitation, and that's why it's paramount that the City Attorney take that position. Vice Chairman Teele: All right. The chair is going to rule that at 6:55 this evening, the chair will recognize the City Attorney to discuss the Statute of Limitations and the lawsuit, giving all 30 March 27, 2003 the parties ample time to meander around and to socialize, and to, hopefully, resolve this matter amicably, and the sole issue before us now is a resolution relating to the binding arbitration, as proffered by Commissioner Gonzalez. Is there further discussion or debate on the motion before us? Commissioner Sanchez: Mr. City Attorney, do you have any objections to that motion? Mr. Vilarello: I have no objection to that policy decision being made by the City Commission to pursue an alternative dispute resolution method. Vice Chairman Teele: And further recognizing you at 6:55 to discuss the other part of the motion. Commissioner Sanchez: Call the question. Vice Chairman Teele: No. Commissioner Gonzalez to close, sir. Commissioner Sanchez: Oh. Commissioner Gonzalez: Yes. Let me tell you. It's frustrating to see that after 15 months, we have to -- this has to end up this way. I feel, personally, that I have been played with from the City administration because I have been promised over, and over, and over, and over that this issue was going to get resolved, and now I'm at the point that I want a judge to be the one to decide what's going to happen with this deal. Because at this point, I don't trust the administration. I don't trust anybody here in anything that they tell me in reference to this golf course. It's been too long. It's been meeting after meetings, and all I ask the City administration and I ask Bunkers was to, please, sit down and discuss this in good faith, to act in good faith, and I can tell you that there has not been good faith in here. I have heard comments of people in this administration that they didn't want to pursue with a solution to this problem because they just didn't like this golf course to play there. That should not be a reason, OK. I should not deny you -- Commissioner Teele, I should not deny you the right to do sidewalks in your district or streets, or a park because I don't like your park, I don't like to play in your park, or I don't like to walk on your sidewalks. That should not be a reason to deny your community of the things that your community are entitled to, and that is exactly what happened here with Bunkers, and I'm sick and tired of it, and that's why I support a hundred percent that this goes before a judge and a judge make the final decision in this case. Vice Chairman Teele: According -- Commissioner Gonzalez: Thank you. Vice Chairman Teele: -- to your motion, it's going to go before three judges. Madam Clerk, call the roll. Priscilla A. Thompson (City Clerk): Roll call on binding arbitration. Commissioner Sanchez? 31 March 27, 2003 Commissioner Sanchez: Yes, ma'am. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Commissioner Gonzalez? Commissioner Gonzalez: Yes, ma'am. Ms. Thompson: Vice Chair Teele? Vice Chairman Teele: Commissioner Gonzalez, I strongly support what you're doing. Let me tell you what you need to be careful about. Anytime there is vacant land in this City, everybody wants to do something with it, and we are having a real problem with the Bayfront Park, because there's going to be a policy question that we're going to have to make. Are we going to let the park be used for festivals? Because as the urban encroachment comes in, it squeezes out things. At the end of the day, I will not be supporting you or anyone else in trying to put a hotel here. Commissioner Gonzalez: Well -- Vice Chairman Teele: Because I'm going to tell you, at the end of the day, I saw this during the east/west expressway. I've seen it with the lobbyists that are running around, and at the end of the day, what's going on is a hotel, and I'm not -- whether you want it or not, I'm not going to support it. Commissioner Gonzalez: I -- Vice Chairman Teele: I just want to be clear about where I am on your district, because it's not about your district. It's about parks, green space and open space in this City, so -- Commissioner Gonzalez: OK. If you allow me. That's exactly -- you mentioned exactly -- let me tell you what the deal was, OK. Up to the day of the meeting, supposedly everybody was acting in good faith and everything was going to be resolved. The next morning, the first thing that I heard the next morning, at 9 a.m. in the morning, was that the deal was going to go down. It went down because there was a petition to build a hotel in that golf course, and I said, "Over my dead body and over my community's dead body." I will not allow a hotel to be built there. I will not allow anything to be built there, as long as I'm Commissioner of that district, and I will mobilize my community and bring it down to City Hall or to whomever's office is pretending to build a hotel in that golf course. Vice Chairman Teele: I'm glad to hear you say it because -- Commissioner Gonzalez: There are a lot of games being played here and we will talk about it later on this afternoon, I'm sure, so you know -- 32 March 27, 2003 Vice Chairman Teele: Commissioner, I'm glad you said it because, to me, the golf course may be your district, but that golf course, like every park, belongs to the entire City. Tomorrow evening, there will be some 60 children, inner city children playing golf on that golf course. Tiger Woods has come and taught children on that golf course. That golf course resides in your district and I respect you as the district Commissioner, but open space, our vistas, our parks, belong to the citizens, and I'm happy to hear that that's how you feel about that particular one because, you know, we differ on Sewell Park maybe and some of these other things. We're certainly in agreement with Maceo Park, but on this, I'm voting yes because I want to see Bunkers, or the successor to Bunkers, or a new Bunkers, or an old Bunkers make this a first-class golf course for the citizens of this City and for the visitors, so I'm voting "yes," Madam Chair. The vote is 4 to 0. The item is unanimously adopted. The following motion was introduced by Commissioner Gonzalez, who moved for its adoption: MOTION NO. 03-267 A MOTION DIRECTING THE CITY ATTORNEY TO PROCEED WITH BINDING ARBITRATION WITH BUNKERS OF MIAMI; FURTHER STIPULATING THAT THE ISSUE OF THE STATUTE OF LIMITATIONS BE CONTINUED TO 6:55 P.M. ON THIS SAME DATE TO ALLOW BOTH PARTIES TIME TO DISCUSS THIS MATTER. Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton 33 March 27, 2003 6. BRIEF COMMENTS ON SETTLEMENTS IN CASES OF DAVID F. McCRANIE VS. CITY AND PRUNEDA VS. CITY; AND ENGAGEMENT OF GREENBERG TRAURIG, P.A. TO REPRESENT CITY IN MATTER OF TERMINATION OF EMPLOYMENT PROCEEDINGS AGAINST JESUS "JESSE" AGUERO. (See #4.12,4.14, & 4.16). Vice Chairman Teele: What are the other consent items that were withdrawn for discussion? Commissioner Regalado: 20 Priscilla A. Thompson (City Clerk): Item number 20. Vice Chairman Teele: Item number 20. Mr. Cox, you're recognized. Commissioner Gonzalez, I think you withdrew it. Did you want to say anything? Commissioner Gonzalez: No sir. I just wanted to recognize Charlie Cox on Item 20. Vice Chairman Teele: All right, before you start -- Mr. Cox, I didn't realize -- is Mr. Cruz here? Mr. Cruz? Mr. Cruz? Mr. Cruz, the Clerk has just given me this new form. I'm -- would you take the dais? I'm responsible -- you had asked to be recognized -- Mariano Cruz: (INAUDIBLE). Vic Chairman Teele: Well, you need to get your information. You had asked to be recognized on CA Item 15, 16, 17, and 19. Would you ask your question so that you can get that? Take the other podium there. Mr. Cruz: This one is working. OK. Mariano Cruz, 1227 Northwest 26th Street. Just for information, I see in every agenda that we paying so much money in out-of-court settlement, and this one, specifically, is 65,000, 65, 000, 85,000, 215,000 that we pay. I would like to see when we will be collecting money for the people that are at fault accidents against the City, like a subrogate or something, a way, because I'll tell you, we always pay, pay, pay, pay, but I don't see -- maybe the Administration is doing something with that, since they will have a new administration, and that's one, and then, on the other item, 19, on the case of Aguero Jesse to add 50,000 more plus to the case. How much is that total already? Is that becoming a bottomless pit; that we give money to all these -- ? Vice Chairman Teele: All right, all right, that's a good question. Mr. Attorney -- Mr. Cruz: All right. I want to know that. Vice Chairman Teele: -- what is the total amount on Item CA -19? Mr. Cruz: Right. Vice Chairman Teele: He says the resolution says you're adding 50, but he wants to know -- Mr. Cruz desires to know how much has already been spent. 34 March 27, 2003 Mr. Cruz: Greenberg Traurig. Alejandro Vilarello (City Attorney) (INAUDIBLE). Mr. Cruz: A hundred thousand dollars. (INAUDIBLE) including the amount requested Vice Chairman Teele: So 50,000 had been previously spent. Mr. Cruz: And anyway, we -- what -- how come we farming so much work out when we have a Law Department? OK, that case, we don't need; we just did an administration. This we settle out of court and this we litigate, and that's it, but why we have a Law Department if we farming so much business out of the City? Fifty thousand -- you know, talking 50,000 plus that can take care of two employees in a park. Thank you. Vice Chairman Teele: Thank you, Mr. Cruz, and Mr. Cruz, this form is new. I apologize that you didn't get your information before we voted. Thank you for being here. 7. TABLED: PROPOSED RESOLUTION APPROVING FINDINGS OF EVALUATION COMMITTEE PURSUANT TO REQUEST FOR PROPOSAL NO. 02-03-010, FOR WORKERS COMPENSATION CLAIMS ADMINISTRATION (PART I SERVICES); GENERAL, AUTOMOBILE AND PROFESSIONAL LIABILITY HANDLING CLAIMS ADMINISTRATION (PART II SERVICES), AND/OR MANAGED CARE SERVICES (PART III SERVICES) (See #4.17 & 23). Vice Chairman Teele: Mr. Cox you're recognized. Charlie Cox: Thank you. Charlie Cox, 4011 West Flagler Street, Suite 405 -- Vice Chairman Teele: Are you in favor or opposed -- Mr. Cox: --Miami. Vice Chairman Teele: -- to the Manager's recommendation? Mr. Cox: Opposed. We have a major problem in Risk Management. These problems need to be fixed. The problems you are facing are not with the workers. The issue is safety, safety, and more safety. As long as the workers of the City are injured, you will have workman's comp claims, and as long as the users of the City's facilities get injured, you will have general liability claims. The problems with the approach that you're being asked to take, it ignores the key issue of safety. You have before you a recommendation that you should enter into a contract that will take public service and outsource them to a company with its quarter -- with its corporate headquarters in Illinois. It should come as no surprise to any of you that I rise in opposition to the proposal that public services should be outsourced and that taxpayers' money sent to Illinois. Make no mistake, in the long run, outsourcing will cost you more money. It has to. Gallagher Bassett is in this to make money. You can't have huge corporate salaries and parks without 35 March 27, 2003 charging more money than it cost to provide those services. Gallagher Bassett will charge you $1.3 million for 900 workman comp. cases, and you now pay 639,000 for all 1,382 cases. Gallagher Bassett will charge you 920,000 for 710 liability cases. You now pay 2,009 for 962 general liability cases. You haven't spent the money or made the effort it takes to make risk management work. No wonder it doesn't work properly. If you give the workers the tools and the chance, they will come through for you every time. Right now you pay 130,000 per year for a computer system in Risk Management that is useless. You pay this 130,000 each year over and over. Instead of going on the radio talking about how bad civil service is, why don't you do what managers do and manage: Install a proper computer system; give the people the tools to do their job, and what will happen at the end of the contract period? You will have no in-house experience in administering claims. How much will Gallagher Bassett charge you? Are they lowballing you now so they can make much more money later? You will not save money by outsourcing public services. We are aware of Gallagher Bassett and it generally has a good reputation. The proposal states that certain costs will be extra. These costs are where the big money is. The costs that are not included are legal fees, professional photographs, medical records, expert rehab. (rehabilitation) costs, fees for service process, architects, contracts, engineers, property damage appraisals, (UNINTELLIGIBLE) investigations, official documents and transcripts, travel, court reports, accident reconstruction, outside investigation. Once again, management's failings are blamed on the workers. Your ordinance creates a self-insurance program. There is a board of trustees which is made up of the City Manager, the Director of Finance, and the Insurance Manager. If the program isn't working, it's their fault. The ordinance also provides that the City Manager appoint a City self-insurance committee. The ordinance says and has said since 1975 that the City be self-insured, but that it purchase umbrella coverage. It wasn't till 2001 that you had an umbrella policy. This isn't the workers' fault; it's the fault of management. We can dance around the issues of Workman's Compensation and general liability claims and how much it's costing this City and talk about how it is administered and how it can change the Administration and what kind of reports we should get and the like, but it's an avoidance of the real issue, safety. Not just workers' safety, but safety of the residents and the visitor to the City of Miami, what you do sometimes to promote workers' safety and make the City a safer place so you don't have as many general liability and workman's comp claims. I have looked through this proposal; read it over and over again. Not a word is mentioned about safety. The City Manager was a businessman and, obviously, a successful one at that, so he should be aware of Alcoa Aluminum and how its workers' safety program increased its bottom line. Paul O'Neil, the former Secretary of Treasury, became chief executive of Alcoa Aluminum in 1987. The company profits were $4.8 million. When he left the company, the profits were 1.5 billion. This is a pretty good lesson in sound business management. How did he do it? By increasing workers' safety. On the first day on the job O'Neil told the company executives that the company was in terrible financial shape and that the company couldn't talk people into buying more aluminum and couldn't raise the prices, so for the company to get better, it had to cut costs. In order to cut costs, he told executives we had to work with the workers, and the way to do that was to show the workers that you care about them, and the way to do that was to actually care about them, and the way to do that was to eliminate job-related injuries, and the executives were judged on how well they did with eliminating job-related injuries. Alcoa did that and the company's profits were huge. On August 29, 2001, Liberty Mutual Insurance Company released a report showing that for every $1 invested in work place safety, $3 or more is saved. The workers in this city are engaged in difficult, specialized jobs where injuries can 36 March 27, 2003 happen; yet, the City has one safety officer. None of you have ever sat with the family of a City worker who died on an on-the-job injury, but I have. Why don't you do something about workers' safety? OK, let's say that the Manager doesn't care about the workers and the workers' safely [sic]. Surely, you must care about the safety of the users of the City property and facilities. There's nothing in any of the proposals that cuts down on the extent of the injuries, and here's the proposal. The Manager's memorandum to you states that Gallagher Bassett would implement an enhanced comprehensive safety program. Where? I challenge you to show me where in this proposal there is any discussion about safety and implementation of an enhanced safety program. In fact, we called the Miramar office of Gallagher Bassett on Tuesday. We spoke to Mr. Carter, the branch manager, and asked to speak to the safety officer, and we were told that none -- there were none in the Miramar office. Didn't the evaluation committee realize that there was no safety program in the proposal? Tell the workers and the taxpayers the truth. You have done and will continue to do nothing for workplace safety or the safety of the users of the city. APM (Administrative Procedures Manual) 195 establishes a safety management program. Its purpose is to, and I quote, "to identify and mitigate and/or eliminate safe -- unsafe acts practices and conditions that have the potential to result in financial liability for the City of Miami." This program is not being followed. It is not being followed because safety has not and is not a priority of the City, and there will be no improvement in workman's comp or general liability until this City tells its workers and residents that we care about you and we will work to make it safer for you. Your safety coordinator works exceptionally hard and does the best she can, but one person is not enough. Safety needs to become the central organizing principle of the City if you want to save money. Vice Chairman Teele: All right -- Mr. Cox: You can save money by cutting down claims and cutting down claims by making the City safer. You have workers who care about the system and want to keep their work. Keep the money here in South Florida. Don't send it to Illinois. Care about the workers and care about the residents. Give the workers the tools to do their job. Vice Chairman Teele: All right. Mr. -- Commissioner Gonzalez: Thank you, Charlie. Vice Chairman Teele: Is there a motion on the item? Commissioner Sanchez: I'd like to hear from the Administration (UNINTELLIGIBLE). Stuart Myers: Good morning. My name is Stuart Myers. I live at 119 Thorton Drive, Palm Beach Gardens, Florida. My phone number is 625-3255. I'm advisor to the City Manager on risk management matters. Diane Erickson: I am Diane Erickson, the new director of Risk Management; started February 10; got involved in this as soon as I got in here; address is 335 Southwest 79th Court; phone number is (305) 269-7002. 37 March 27, 2003 Mr. Myers: Almost everything that Mr. Cox has said I actually agree with wholeheartedly. This is a matter of safety, safety for the employees of the City and for the visitors of the City and the citizens of the City. We have a misdirected effort, however, at the Risk Management Department at the current time. We are bogged down there with relentless, day-to-day claims activity. What we propose to do today is to move forward to negotiate a contract with Gallagher Bassett to take over the day-to-day handling of the actual claims after they exist. Mr. Cox numbers, however, are way off base. I would prefer not to get into an argument about the numbers because we haven't negotiated the contract yet, but I assure you that we will actually save money for the City by outsourcing this on hard dollars in the budget. In addition, what we hope to do is to redefine the direction of the Risk Management Department. Instead of spending every single day handling many, many claims and the details of those claims, we'll get to redirect our energies toward safety, safety, and safety. We propose, as part of this process, to triple the size of the safety department, at least. The claims people who will be left in the City, who will be working, will be reviewing the work of the third -party administrator, and so we will continue to maintain a high degree of claims expertise within the City, but instead of doing the grunt work every single day on every single claim, we will be doing a supervisory role. Most of our effort can then be turned to the issue of safety within the City. The number of people that will be displaced, although displacing anyone I find very difficult, we are down to 11 people being displaced, of which three are protected employees by earlier contracts, leaving eight non - protected employees. Of the non -protected numbers, four have rollback rights, so we are left with four people unprotected, without rollback rights. We believe that we will be able to save a huge amount of money for the City by going forward with this, increase safety dramatically, the safety program, and increase the benefits to the City employees in terms of when they do, unfortunately, have a claim, they'll have better access to their physicians, quicker medical treatment, 24-hour call centers, the kind of work that we cannot do for ourselves in this City, but a larger organization like Gallagher can provide for us. Vice Chairman Teele: All right. We're going to have to -- we're just going to have to bring this to a head. Do we have an opinion from the Manager? Is there anybody else? Yes, sir. Do you wanted to speak on this? Unidentified Speaker: Yes, sir. Vice Chairman Teele: Do we have a written advice -- ? Commissioner Sanchez: Mr. Vice Chairman, I understand we have a voluminous agenda, sir, but this is a very, very important issue for the City. This is a battle that's been going on for five years and I think that it's very important that we address this issue today and give it as much time as it may take because I consider it one of many important issues today on this agenda, sir. Commissioner Regalado: Mr. Chairman. Vice Chairman Teele: I don't know what I did to give you the impression that I don't want to deal with it today. I mean -- Commissioner Sanchez: Well -- 38 March 27, 2003 Commissioner Regalado: Mr. Chairman. Vice Chairman Teele: -- I'll take the reprimands anytime from anybody when I'm presiding -- Commissioner Regalado: No. Vice Chairman Teele: -- but I'm trying to move the agenda, sir, and I'm going to do that with your cooperation. Commissioner Regalado. Commissioner Regalado: I just want to say that it has been your policy and the policy of the City Commission always that when we have guests here, we'll take the issue first. I see a lot of people here that are for one issue that this is not the one, and I do agree that I'm willing to spend whatever time is necessary, but I think that we, out of courtesy to the people here on other issue, I believe this Little Haiti report, if we can -- Vice Chairman Teele: Well, since we don't have a motion on the floor, sir, if you want to ask that that item be taken up ahead of this -- this seems to be all family here. The union presidents are our family and we can all -- Commissioner Regalado: It's about -- it's a mathematical thing. We have three or four people here willing to discuss this item, but we have several people that are interested, so I would really ask you to -- Vice Chairman Teele: Without objection -- Commissioner Regalado: -- defer. Vice Chairman Teele: -- the item will be moved to the side, and the item scheduled for 10 a.m. - - it's now 11:15 -- it will be brought forward and that's the item relating to the Post Buckley report regarding Little Haiti. Commissioner Sanchez: OK. Vice Chairman Teele: We'll come right back to this item. Unidentified Speaker: Thank you very much. Vice Chairman Teele: It'll be this afternoon. 39 March 27, 2003 8. UPDATE REPORT CONCERNING LITTLE HAITI PARK. Vice Chairman Teele: And the item scheduled for 10 a.m. -- it's now 11:15 -- it will be brought forward, and that's the item relating to the Post Buckley Report regarding Little Haiti. We'll come right back to this item. Unidentified Speaker: Thank you very much. Vice Chairman Teele: It'll be this afternoon. Keith Carswell (Director, Economic Development): Mr. Vice Chair, fellow Commissioners, Mr. Manager. Following the directive to the staff -- Vice Chairman Teele: Did you give your name and title and address and all that? Mr. Carswell: Keith Carswell, Director for Economic Development, with the City of Miami. Following the directive from the March 27th agenda, we've asked the consultants who were involved in the acquisition cause for the Little Haiti Park to come and provide a presentation relative to the factors that were used in considering the parameters that were established by the Internal Working Group in the Commission directive relative to looking at all the acquisition costs. Also, within looking at the acquisition costs, there were two scenarios that included relocation, and they will talk about the relocation issues and the potential implications associated with that. I'm going to ask Mr. Norris Smith, who's the project manager for Acquisition Services with PBS&J (Post Buckley Shuh & Jernigan) to come forward and introduce the rest of his team. Thank you. Vice Chairman Teele: All right. Let's just get the flow of what's here before it's straight. The sole item before us today is the Post Buckley Shuh and Jernigan Study and the methodology, and certain questions that were asked, I think, in February, that they be updated in the first meeting in March -- this being the first meeting in March -- that's here. I think, Mr. Carswell and Mr. Manager -- Mr. Manager, I think, so that we can have a full discussion and debate and have a full public hearing on the Little Haiti Park, with your permission -- because this is a limited item, based upon a report that I asked for regarding Post Buckley -- I would appreciate if we would schedule, with a public notice, for the second meeting in April -- now, I checked with your staff. They felt that that time would be better than the first meeting in April -- and to bring any items that need to be acted upon regarding the Little Haiti Park, and so that the public will have a full opportunity to express their views on the items that are being presented, and if that's acceptable to you, we will then -- Mr. Carswell indicated that he would be ready to have action items for the Commission at that time. This item has no action items before us today, but this is a report, and so Commissioner Regalado, for the purpose of getting a public hearing date and a public hearing, that is, a meeting that will be noticed to the public, would you move, please, that there be an item, with a time certain of let's say 4:30 p.m., for the second meeting in April, to discuss the Little Haiti Park. Would you so move? Commissioner Regalado: I will do so. 40 March 27, 2003 Commissioner Gonzalez: Second. Commissioner Sanchez: Second. Vice Chairman Teele: It's been moved and second, that there'll be a discussion on items relating to the Little Haiti Park, with action items included by the Manager on those, and the public would be invited for the second meeting of April. Madam Clerk, what is that date? Priscilla A. Thompson (City Clerk): I'm just checking the calendar, sir. I'm sorry. Vice Chairman Teele: Well, normally, we'd have a calendar back there so we can all look at it. Ms. Thompson: We're still in the planning stages, trying to figure out how we'll handle everything. Vice Chairman Teele: It's scheduled for April 24th? Commissioner Regalado: So -- Vice Chairman Teele: Thursday, April 24th. It will be, again, at 4:30. Commissioner Regalado: So, today, Mr. Chairman, we're listening -- Vice Chairman Teele: OK. Let me just carry the motion, if I could. All those in favor of the motion -- Unidentified Speaker: May I speak? Vice Chairman Teele: -- say "aye." Unidentified Speaker: May I speak? Vice Chairman Teele: All opposed say "no." The following motion was introduced by Commissioner Sanchez, who moved its adoption: MOTION NO. 03-268 A MOTION SCHEDULING A PUBLIC HEARING ON APRIL 24, 2003, AT 4:30 PM, TO DISCUSS ALL PROPOSED ACTIONS RELATING TO LITTLE HAITI PARK. 41 March 27, 2003 Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Vice Chairman Teele: This is an item that's just setting up an agenda. Now, the item before us - - would you just take a seat, sir? Would you just take a seat until we get at least to a point where we can allow people to speak? The item before us today is a request by this Commissioner to update regarding the Post Buckley Shuh Study, specifically relating to three things: One was the question relating to the relocation costs, and why was relocation costs factored in in the price that went out, to which a number of people said, "I told you so. You couldn't afford it." We've also asked the City Attorney to issue a written opinion, and I believe that opinion has been issued, and I would assume that you'll make that available to both the public and the Commissioners. Secondly, we asked that the cost factor be recalculated to exclude what the Commission had adopted, which was the Working Group's recommendation, that all of the businesses along Northeast 2nd Avenue and all of the businesses along 62nd Street, essentially would retain -- would stay, because it was a very strong sense that the community wanted to maintain the unique Haitian/Caribbean influence, flavor, architecture and mix, and that those items would not be removed, but the study did assume the removal of those businesses; is that correct? Mr. Carswell: Correct. Unidentified Speaker: Correct. Vice Chairman Teele: And then the third thing's related to the actual costs, as it relates to eminent domain and whether or not eminent domain numbers included all property being eminent domain or some portion of the property being eminent domain. There were several questions related to the relocation, such as who would get relocation and the public policy issues associated with that, and I would hope that if the Manager and the Attorney feel the need for direction, that that relocation direction would come forth at the second meeting in April for a policy determination and giving everybody an opportunity to study. I note, for the record, Mr. Manager, that the City Attorney's opinion was not released until yesterday, I believe, and again, it does not lend itself to thoughtful discussion, and that's one of the reasons we want to make sure that everybody's on the same page. Commissioner Sanchez or Gonzalez or Regalado, did you have any questions regarding where we are and what we're doing? Commissioner Sanchez: No, sir. 42 March 27, 2003 Vice Chairman Teele: All right. Mr. Carswell, you're recognized, and sir, if you -- did you have a question, sir? Kent Robbins: Yes, sir. Vice Chairman Teele: Please. Mr. Robbins: My name is Kent Harrison Robbins. I represent Michael O., an artist and owner of a business at 6444 Northeast 4th Avenue. Michael O. is a nationally recognized artist, who has a business in the area -- subject area. I know that this Commissioner -- I know that this Commission has recognized the importance of encouraging the arts and art places in the project area. However, this particular report does not address that issue, given that my client is in the artistic area. Vice Chairman Teele: Could you let them give the report and then come up with that item? Mr. Robbins: I'll be more than happy to. I just want to make certain that we're going to have an opportunity -- because there are over 200 people here that wishes to -- Vice Chairman Teele: We only have a small number of people signed up. Mr. Robbins: Right. That's correct. Vice Chairman Teele: Did you sign up? Mr. Robbins: I did sign up, sir. I am registered, but I just want to make it clear for the record, there are over 200 people, employees from the area, who's jobs will be lost as a result of this project, who wish to be recognized as being in this room. Vice Chairman Teele: Well, that -- sir, just so that the record is -- Mr. Robbins: And I will come back and speak. Vice Chairman Teele: Just so that the record is clear, I have before me 18 persons that have signed up that want to be recognized, so your statements, while they may be helpful to your client in some future litigation, are not correct for the record, OK? Have a seat. Mr. Robbins: May I respond to that? Vice Chairman Teele: No, sir. Mr. Robbins: I reserve my right. Vice Chairman Teele: No, no. Have a seat and you'll be called upon to speak at an appropriate time, counsel. Are you a member of the Florida Bar? 43 March 27, 2003 Mr. Robbins: Yes, I am. Vice Chairman Teele: Then act in accordance. Mr. Carswell: Mr. Vice Chair, with your pleasure, I'd just like for Post Buckley to come up and talk about the methodology that was used in developing the report. Vice Chairman Teele: Thank you. Norris Smith: Mr. Chairman, Commission. My name is Norris Smith. I am the Program Manager for PBS&J, Post Buckley Shuh and Jernigan. Our address 3600 107th Avenue, here in the City of Miami. I have with me here this morning some staff, who will be presenting a short presentation with regards to our methodology as to how the cost estimate was developed, what items -- some of the items that are retained in the cost estimate, as well as addressing why we had included those relocation costs and exactly what is relocation as it relates to these types of projects, so without further ado, I'll introduce Mitch Hammer. Mitch Hammer is our Cost Estimate Supervisor. He's a state registered appraiser here in the state of Florida, and part of what he does on a daily basis is cost estimates for clients, such as the City of Miami, so Mitch Hammer. Mitch Hammer: We have prepared a slide presentation to help you follow through. It should be on the overhead here and on your screens in front of you, when that comes up. Vice Chairman Teele: Why don't you just give us an abbreviated version of what you would have done on slide? We're having technical difficulties. We can't even hardly hear you. Mr. Hammer: I certainly will. I am here to describe the purpose and the function of what we were hired to do and that, namely, an acquisition of cost estimate and relocation analysis. We're on screen now. For the acquisition of cost estimates, we were hired for the scope of the project, the Little Haiti Park Project, to estimate partial acquisition costs within two study areas. Those study areas being divided into north and south, with 29 properties located north of 62nd Street and 82 parcels located south of 62nd Street. Here is the project map that shows our study area. Again, it's just a study area. We have a north section in the light green and a southern section in the beige, orange. Again, that is not to scale. It was adjusted for the computer -- for the overhead. Again, the purpose of the cost estimate was to provide guidance to decision makers for planning and budgeting purposes. It is a tool, and we utilized four scenarios to identify potential total project costs, using different acquisition and relocation criteria. This allows flexibility so study areas can be divided and arranged to provide different, you know, potential acquisition cost scenarios. Again, this would allow the study areas to be either phased or looked at differently, depending on what businesses are determined that would remain, and what might be needed for the park project. The format that we had utilized is an FDOT (Florida Department of Transportation) approved process. We were modified for four scenarios to allow, again, the flexibility as a planning tool, and we have -- Vice Chairman Teele: Isn't the FDOT assuming federal funding? Doesn't the FDOT process assume compliance with federal rules, based upon federal dollars? 44 March 27, 2003 Mr. Hammer: Well, not all FDOT projects are federally funded. Vice Chairman Teele: Does this scenario -- then let me ask this. Does the FDOT approved process, whichever one you use -- Mr. Hammer: It covers both. This is a format that they utilize for all projects, whether federally funded or state funded. Vice Chairman Teele: So, when you say all negotiations, no relocation benefit, you used two formulas: One assuming the federal process and one assuming the non-federal process? Mr. Hammer: No. The processes involved, we -- the scenarios -- I'll explain -- is negotiation scenarios and the condemnation scenario. The negotiation scenario was just to allow the Commission to see potential budgeting costs that would be required -- Vice Chairman Teele: But that's not my question. My question is, are you assuming the federal 4F standard of compliance? Yes or no. Mr. Hammer: I can't answer that, because this is -- for FDOT, that assumes either. It is the budgeting process, and in either scenario -- Vice Chairman Teele: Sir, for the record, the FDOT process always assumes federal funds. Mr. Hammer: That would be correct. Vice Chairman Teele: Always assumes federal funds. In that the 95 percent of the DOT (Department of Transportation) projects are federally funded. Mr. Hammer: Well, they used this as a budgeting tool in -- Vice Chairman Teele: I'm not disputing that. I'm just simply saying, you're imputing something that is really not before us, because this is not a federally -- I wish to God it were a federally funded program, but it's like using CDBG (Community Development Block Grant) dollars. If you use CDBG dollars, you have to have David Bacon's compliance, you have to have 4F compliance, you have to have the kind of ADA (Americans with Disabilities Act) compliance that's going on now. That adds 20 -- 15 to 20 percent in the baseline. That's all that I'm saying. That's all that I'm saying. Mr. Hammer: Yes. Well, we definitely do that, and that, again -- Vice Chairman Teele: You definitely do what? Mr. Hammer: Utilize -- it's the state process, and they assume all projects have the potential for federal dollars. 45 March 27, 2003 Vice Chairman Teele: Now, how much federal dollars are you aware of is in this project? Mr. Hammer: I'm not aware of federal dollars in this project. Vice Chairman Teele: I'm not either. Mr. Hammer: This -- Vice Chairman Teele: Mr. Manager. Mr. Manager, do you understand what I'm -- I mean, Mr. Manager, you are very knowledgeable on these issues. Victor Monzon-Aguirre (Chief of Neighborhood Services): Yes, Commissioner. Vice Chairman Teele: I'm willing to yield to you on this, but do you understand the premise that I'm showing you? Mr. Monzon-Aguirre: I -- Commissioner, I understand, and the only issue that we, as the administration, have to bring to light to you is that we may lose opportunities to obtain grants to assist us in further expansion beyond those dollars that we have allocated for this park. Vice Chairman Teele: That may be true and that may not be true. The point is this, what we have is locally funded, non-federal dollars for this project, and at best, we're talking about land acquisition. If we wanted to partition off a portion of the park and say we're going to save this for potential federal dollars, I wouldn't object, but to assume that this entire project is going to be federally funded, when there are no federal dollars at hand, clearly assumes that we're not going to do anything on this project until we get federal dollars. Because if -- the first time we use non-federal dollars, OK, and we don't comply with all the federal rules, then you basically are barred from that. I understand that, but clearly we're not going to -- how much federal money did we put in Margaret Pace Park? Zero, so I mean -- Commissioner Regalado: Mr. Chairman. Mr. Chairman. Vice Chairman Teele: The point I wanted the Commissioners to understand, you know, and the public that cares, is that the study was impregnated with an assumption that, based upon my years of federal experience, no local government would do. No local government would do it, unless you're trying to kill it. Mr. Monzon-Aguirre: Commissioner, the instructions to the consultant was to provide all scenarios, including those scenarios without -- Vice Chairman Teele: And what I'm telling you is, the only scenario here is a federally approved process scenario. Mr. Carswell: Well, let me just clarify, if I may. Commissioner Regalado: Mr. Chairman, can I -- 46 March 27, 2003 Mr. Carswell: The relocation -- well, the federal process -- the federal regulations in the four scenarios that you have only apply to relocation costs, and the process that was used in determining the costs was relative to the process of relocating tenants or people who are occupying certain properties that are acquired. You're absolutely correct, that the current funds that we have available to us are not federal dollars. In looking at this whole acquisition -- in looking at the acquisition scenarios that were laid out, one included negotiated sales. Vice Chairman Teele: Right. Mr. Carswell: Then the second scenario included negotiation with relocation under federal guidelines. Vice Chairman Teele: Right. Mr. Carswell: And then the third scenario included condemnation, and then the fourth scenario condemnation with relocation under federal guidelines. One of the concerns that was expressed - - and I think we're going to get into a discussion on it -- was that if we don't pay relocation, there may be future implications down the road that should federal funds become available, we may be precluded from applying for those federal dollars, so that -- Vice Chairman Teele: I would just only say this. I've been here for seven years -- five years trying to get state dollars or federal dollars. We have not gotten any federal dollars for this City for parks in the last "X" number of years, so while that may be true, that we could, but reality is, in the constraints that we're in now, it's highly unlikely. The only point that I would make is, if the staff wants to make that assumption, then compartmentalize that assumption in some segmented area and then let's all go out and try to get federal dollars, but we're not going to get federal dollars for "A" to "Z." If we get federal dollars, it's going to be for a limited role or a limited purpose for some "federal" nexus, and there is no federal nex -- I mean, so -- Commissioner Regalado. Commissioner Regalado: I am -- I think that Chairman Teele is correct, but my concern -- because he understands and we sort of also understand what is going on here, at least a little, but my only concern, my main concern is that the residents, the merchants, the people that are here are getting bad information in terms of what we will decide. Because we're using this federal guidelines presuming that we some day will get some funding from the federal government, and that might not be the case. It may be that we never get federal money, and what the people are listening here or will be reading in this report is that according to federal regulations, if there is a land acquisition, we have to do this and we have to do that, and the fact of the matter is that that might not be the case, so we cannot mislead the people from the area, and I would urge you, anybody who's here from this firm or the administration, to stick to what we have now -- Vice Chairman Teele: Exactly. Commissioner Regalado: -- and to tell these people what is really going on, not what could happen if we get tomorrow's or if we, you know, probably win the power ball lottery or 47 March 27, 2003 something. They need to know that we are not governed by certain standards that are here if we don't have federal dollars, so all this about, you know, moving expenses and land acquisitions -- Commissioner Sanchez: Mr. Chairman. Commissioner Regalado: -- is not what the reality is, so I would urge you to tell us, so they can understand the reality with what -- the money that we have now, which is the bond money. That's all, Mr. Chairman. Vice Chairman Teele: Commissioner Sanchez. Commissioner Sanchez: Mr. Chairman, I would like to hear the report. After all, you directed the consultants to recalculate the costs of acquiring the properties, and if the residents that are being affected are not getting the proper information, well, this is one way to get information as to what's going to be the land cost, what's going to be the cost of relocation, to make sure that we are -- whatever steps we take, that we fall within the guidelines and we follow the rules, so I would like to hear the report. Vice Chairman Teele: Mr. Cars -- Mr. Smith: I don't know if you can hear me. Norris Smith again, PBS&J. I want to make something clear in terms of what our role is with regards to this -- the scenario and what we were hired to do. We were not hired to make decisions for the City of Miami. We were hired to give staff the tools necessary to bring forth to this Commission what they thought necessary to make the rational decisions regarding going forward with the park. That's what this report did. The scenarios that you see on that board gives you, one, that first one that says "all negotiations," that's strictly costs. That's what, in our opinion, from a cost -estimating standpoint, it would cost you to go out and buy the property on behalf of the City of Miami. The second scenario says to you that, if you buy this property and include relocation costs, this is what we think it will cost you. The third scenario says, if you buy this property and go through the eminent domain process and do not provide relocations, this is what it will cost you. The fourth scenario says, if you condemn and go through the relocation process, this is what it will cost you. We're -- it has nothing to do with the decision-making process, in terms of the total -- in terms of making a final decision. What this is is a tool for staff to use to look at different scenarios, within these four options, so -- to present to this Commission, so you can make a rational decision and go forth with or with -- Vice Chairman Teele: Would you go through -- Mr. Smith: -- to the park. Vice Chairman Teele: -- the thing as Commissioner Sanchez has requested? Mr. Smith: We'll do just that. Commissioner Sanchez: Thank you. 48 March 27, 2003 Vice Chairman Teele: The problem is, sir -- sir, just before you get your "b" out of your bonnet. The problem is, it was not consistent with the instructions of the Commission, because it contained land in it along Northeast 2nd Avenue and Northwest 62nd Street, so if we could just go through what the presentation is, I would be grateful. You've said the same thing three times, so let's just go through -- Mr. Smith: Mr. Hammer will continue with the presentation. Vice Chairman Teele: Thank you. Mr. Hammer: Allow me to back up a slide. Again, I want to re-emphasize that the purpose was to provide guidance for planning and budgeting, and at the bottom it allows flexibility for the study areas can be divided and arranged, provide different or unlimited acquisition scenarios. This is a tool, again, so you can look at different properties and do different -- four different scenarios that would allow you to make decisions. Again, here we have -- within the cost estimate itself, it is a budgeting tool, strictly, and only an estimate. We have support costs that cover direct labor. This is for the management of the project by City staff. We have acquisition consultant support as a potential budget item. Again, all these can be moved, taken out. It's a tool. We have operations, and that is the actual cost that the City would incur; appraisal fees, demolition costs, other expert witness fees. They're all involved in the purchase of properties, and this is before condemnation. This would be even just under negotiations. Vice Chairman Teele: Are those numbers cumulative or are they aggregated -- to be aggregated? Mr. Hammer: Well, they can be aggregated. Those number are aggregated within the percentages. Vice Chairman Teele: What's the bottom line, based upon this assumption, what are you saying, 13 plus 3 plus 2, or a total of 18? Mr. Hammer: This is just one part. I have another slide that continues with more percentages. We have our land costs, which make up the bulk of the percentage of the project. Land improvements, plus the administrative settlement increases, and that can run from 49 percent to almost 84 percent of your project, where, if, under a condemnation scenario -- and many properties require eminent domain. Eminent domain costs would obviously be high, and so your land costs would only be roughly 49 percent of your total project costs, where if you were able to buy a few properties strictly by negotiation of settlement without condemnation, you could -- your budget would be primarily just for the cost of the land and real estate, upwards of 84 percent. If condemnation costs are involved in those other two scenarios, you have litigation awards, owner appraisal fees, defendant and attorney fees, and additional expert witness fees. Again, you see some percentages there of the costs, and then relocation. Again, if federal funding were involved, we offer -- we have that as a scenario, so you would be aware of relocation costs and what they would range, depending on the different scenarios, and again, all these can be worked as a tool with a City -- they have the ability to take different properties in and out of the estimate to provide different ideas of how you'd like to proceed with the project. 49 March 27, 2003 Again, to end our presentation, we have an explanation of the relocation assistance with Eric Watkins. Eric Watkins: Good morning. As establishment of the Uniform Relocation -- Vice Chairman Teele: Name and address for the record. Mr. Watkins: Thank you, sir. Eric Watkins, PBS&J. As establishment of the Uniform Relocation and Real Properties Acquisition Policies Act of 1970, our needs assessment document was prepared with the expressed intent of stating that the Uniform Act helps to ensure the equitable treatment of all those who are displaced by federally funded projects. Now, the reason why we did such was to inform the City that failure to comply with the Uniform Act may negate eligibility for federal assistance on all phases of the project. There are two types of relocations: Residential and non-residential displacements. Under residential relocation, you have personal property, residential -owned occupants and residential tenants. Personal property relocation involves the move of personal items from the real estate that is being acquired as part of this project. Vice Chairman Teele: Mr. -- Commissioner Regalado is going to have to leave, but again, Mr. Attorney -- Mr. Manager, Commissioner Regalado is going to have to leave, but again, Mr. Manager, I just want to communicate to you, this study has been impregnated with this relocation factors. Let me tell you, the more of this you put out there, the more there's some presumption, and I'm going to tell you right now, except for Homestead exemptions, except for residential Homestead exemptions, I have no desire to vote -- I mean, I'll support whatever three people vote for, but we've never done it before, and if we do it here, we're going to do it everywhere else in this City, but this City has never had the position and policy of paying these relocation costs where it's not mandated, and to start briefing on this as if we are is very misleading to the public, and Commissioner Regalado, you can speak for yourself, but he's about to leave, and he's saying, look, why are we talking about this? Commissioner Regalado: Look, Commissioner -- Mr. Chairman, I think it's wrong to send a very wrong message of misleading the people, because then -- what we're saying here is that we are mandated to do this and that, and that would probably make some people change their mind and this is wrong. We cannot mislead the people of Miami. We cannot give wrong information to the merchants. This is very wrong. I would -- you know, if you all want to listen to this study, it's fine by me, but I think that the merchants in the area, the residents in the area should be told the truth and nothing but the truth. Do not think that this is what is going to happen. Because you know, some people may make some decisions based on this and then, at the end of the day, when you make the decision, you're not getting that and you are going to say, "Well, like always, government cheated on us." I'm not going to be part of this. Either we tell the people the truth -- you know, we're going to do this or we're going to do that, or we don't say anything. I'm not going to be part of this. I've got to leave anyway, because I've got to go to work, but -- my second work, but this is -- to me, it's very wrong. We are sending a very different message of what is the reality and, you know -- that's all I wanted to say. Vice Chairman Teele: Commissioner Sanchez. 50 March 27, 2003 Commissioner Sanchez: Well, you know -- but we need information. There is a million questions that have not been answered on this. Cost being a factor. I have one. If we don't pay the relocation, would be able to use CDBG money? I mean, there are a lot of questions pertaining to this -- Vice Chairman Teele: Commissioner, you know and I know that we ain't going to get CDBG dollars. Because I, for one -- Commissioner Sanchez: Well, Commissioner Teele -- Vice Chairman Teele: -- am not -- I mean, we're short CDBG dollars and it's no need in impregnating the discussion any further with something in my district that you're not going to even vote to support. You're not going to send any money from your district to my district for CDBG dollars. Commissioner Sanchez: Well, Commissioner Teele, I've done that already. Vice Chairman Teele: And my district doesn't have -- Commissioner Sanchez: I've done that already on the record. I've given you money from my district to your district, sir. Vice Chairman Teele: Not in my lifetime. Commissioner Sanchez: The CRA (Community Redevelopment Agency). Vice Chairman Teele: Not in my lifetime. Commissioner Sanchez: And the record reflects -- Vice Chairman Teele: Not in my lifetime. Commissioner Sanchez: And later on we'll dispute it, but I'm just saying that this is a sensitive issue that we're not going to steamroll down -- as quickly as possible, and there are a lot of questions, and these are the experts that were hired to give us the numbers. Vice Chairman Teele: Commissioner, -- Commissioner Sanchez: I want to know how much -- Vice Chairman Teele: -- those numbers are available for you. I've gone through them. Commissioner Sanchez: Sir -- Vice Chairman Teele: I've spent -- 51 March 27, 2003 Commissioner Sanchez: The report that's here clearly states that if -- let's say we don't get any federal -- although you don't agree with the report. If we do not -- Vice Chairman Teele: I fully agree with the report now. Commissioner Sanchez: Well, then, it's forty-three point six million dollars ($43,600,000). All negotiations, no relocation benefits. Vice Chairman Teele: I fully agree with the report now, now that the numbers have been quantified and broken out. Commissioner Sanchez: And just for the record, I support this park, OK. There's just a lot of questions -- Vice Chairman Teele: That remains to be seen, Commissioner. Commissioner Sanchez: Well, there's a lot of questions that have not been answered. Vice Chairman Teele: That remains to be seen, but the point is simply this. This report, when it came out, did not -- it had factored into it the acquisition of land along Northeast 2nd Avenue, which everybody in the community found offensive, because we said we were going to maintain the unique Haitian character of Northeast 2nd and the entire area, as well as Northeast 62nd Street or MLK (Martin Luther King) Boulevard. There's a 61st and a 62nd. Secondly, the notion was, is that we would buy first from those volunteer property owners and secondarily, we would look at eminent domain consistent with the need for particular buildings and projects, recognizing that we have CD (Community Development) dollars and the all like -- we have bond dollars and the all likelihood is we're not going to be able to use significant CD dollars in this project, and we will not get significant federal dollars in this project and that has been the premise all along. I have no objections to taking one area or one fourth of the park and saying we'll make it federal compliant. I don't have any objections to that, but to say that a soccer field that needs to be built yesterday, while we're all talking -- to say that a soccer field is going to need federal money is just to delay, and the vast majority of this park is going to be open space, athletic fields, and hammocks and shaded area. That's the vast majority of the park, so why would you take an entire park, 100 percent, and factor federal dollars in it and factor all these other things as if to say we're going to lose federal money? Every federal dollar we're going to get during your political lifetime we can capture into this park by saying we'll just section off an eighth of the park or a fourth of the park and make it federal compliant. I don't have any problem with that, but there's no reason to hold up soccer fields being built while we pray for money from Washington, which hasn't come in the last 20 years and it ain't going to come in the next four years. Commissioner Sanchez: Commissioner Teele, that's not the issue here. The issue here today is to find out exactly -- 52 March 27, 2003 Vice Chairman Teele: That was the issue, that I asked that the item be put on the agenda, Commissioner. Commissioner Sanchez: Everyone has supported the park. It is the largest ticket item on the Defense -- Homeland Defense Bond, and let me just say, the only concern that I have is that I don't want to economically destroy that area building a park. I'm all for the park, but I'm very concerned -- (APPLAUSE) Commissioner Sanchez: --that you --people will be losing their jobs and people are going to be run out of an area that although needs a park, it also needs an economy. (APPLAUSE) Vice Chairman Teele: All right. Would you -- want to go ahead and wind up your presen -- Mr. Manager. All right. Would you go ahead and wind up your presentation? Mr. Watkins: OK, sir. Getting back to residential owner occupants and tenants, they'll ultimately receive -- Vice Chairman Teele: Sir? Mr. Watkins: Yes. Vice Chairman Teele: Your presentation relating to relocation has been put on the record. Mr. Watkins: OK. Vice Chairman Teele: Did you read the City -- see, the problem is this, Mr. Manager. Nobody asked the City Attorney for an opinion until I did, and the City Attorney's opinion would have mitigated, I'm certain, a lot of the discussion and work that Post Buckley Shuh and Jernigan did, because it's very exhaustive, and I will say this: I am in favor of paying relocation costs, as long as we're doing it citywide. If we're going to do something citywide, then we can do it, but you're not going to pick on a community, under the guise of whatever you want to call it, Commissioner, and do something over here that you're not doing in your district or the next district or the next district, and so this City has never paid relocation costs for local projects that are not federally funded, so I know we like to make the rules up as we go, but that's just the way it is. Mr. Watkins: Sir, I'd like to amend one statement, though. With regards to federal funding on a segment of the project, what they're going to want to see is federal compliance with regards to the entire project corridor, so if there hasn't been compliance on all phases of the park project, then that endangers receipt of federal funds on any one phase of the project. 53 March 27, 2003 Vice Chairman Teele: But I think we would have to work with the attorneys in Washington to see if we can define the project a little bit differently, and I would have no problem de -annexing a portion of the boundary to become a different project. That's just simply semantics. I did that for the Downtown People Mover when I renamed it Downtown Metro Mover, because the federal government wasn't funding People Movers, and we funded it. It's just a change in the name and a change in the structure. Do you have anything else that's added, that's not -- that is not going to mislead the public? Mr. Watkins: Other than the relocation, no, sir. Vice Chairman Teele: All right. Thank you very much. Is there anything else, Mr. Carswell, from Post Buckley? Did they readdress the numbers relating to -- what were the dollars reflected in Northeast 2nd Avenue and 62nd Street, if we -- their report assumed that we were going to purchase that. If you de -annex the acquisition of the land along -- the commercial area, not the vacant land, but the commercial area along Northeast 2" d -- Mr. Carswell: In taking a look at the four scenarios, for negotiated purchases, the number was about 43.7 million; for negotiated purchases with relocation, it was about 50.3 million; for condemnation with no relocation, 56.1 million, and for condemnation with relocation, 62.8 million, and that exclude or it de -annex all the commercial properties along Northeast 2nd Avenue and Northeast 62nd Street. Vice Chairman Teele: What is the value of the excluded properties? That's the question. Mr. Carswell: The value -- Vice Chairman Teele: Roughly. Mr. Carswell: If you were to assume the notion -- the negotiated sales, where the value would be 43 -- four -- Vice Chairman Teele: Four million. Mr. Carswell: About 10 million. Vice Chairman Teele: About ten million dollars ($10,000,000)? Mr. Carswell: About 10 million, yes. Vice Chairman Teele: OK. That's along Northeast 2nd? Mr. Carswell: Correct. Vice Chairman Teele: OK, so that was my main issue, that the cost of the project inflated it by at least fifteen million dollars ($15,000,000) along Northeast 2nd and Northeast 62nd. Did you give -- is the 10 million Northeast 2nd and 62nd? 54 March 27, 2003 Mr. Carswell: Correct. Vice Chairman Teele: OK, so your number's 10 million? Mr. Carswell: Correct. Vice Chairman Teele: And I'll adopt that number. OK. Mr. Carswell: OK. Vice Chairman Teele: Further discussion by the Commission on this item? Is there any person who would like to be heard on the report related to Post Buckley, on the methodology and technology -- the methodology for the appraisal? Madam Clerk, do you have any names? Commissioner Sanchez: Did that conclude their report, Mr. Chairman? Vice Chairman Teele: Yes, sir. Commissioner Sanchez: It did? Vice Chairman Teele: That was the only thing that I asked them for. Commissioner Sanchez: OK. Vice Chairman Teele: OK. Anyone who would like to be heard on the methodology and the report that was just heard? I'm going to start with Ms. Irma Esquibel, Mr. Caridad Gomez, Maria -- would you please come forward as your name is called? Maria Lubina, 550 Northeast 61st Street, number 9, Duania Baca, Apartment C-308, on 63rd and Northeast 2nd, Gladys Alvarado. Would any of those persons please come forward and be heard, please? I guess they have all gone? Let the record reflect their names are being called. Ms. Nancy Delgado, Northeast 4th Avenue. Ms. Alberta Fernandez, 6301 Northeast 4th Avenue. Any persons desiring to be heard, as we've called, please come forward. Gesenia Barrio, 6301 Northeast 4th Avenue. Del Bryan, Gladys Flete, 6700 Southwest 113th Court, Damara Frometa, 520 Northeast 82nd Terrace, Hortencia Zamora, 6301 Northeast 4th Avenue, Dunia Beps, 6301 Northeast 4th Avenue. Yes, sir. Del Bryan: My name is Del Bryan, 201 -- Vice Chairman Teele: Take the mic over there. Mr. Bryan: My name is Del Bryan, 201 Northwest 7th Street, Miami, 33136. Well, myself and the others that filled up the form that we want to speak -- Vice Chairman Teele: Sir, just speak for yourself. You don't know what they're speaking. 55 March 27, 2003 Mr. Bryan: All right. Vice Chairman Teele: This is a public record -- Mr. Bryan: Well, for myself -- OK. Vice Chairman Teele: This is a public record and I -- it's my duty to keep the record straight. Mr. Bryan: Thank you, sir. Vice Chairman Teele: Speak for yourself, not for anyone that didn't show up. Mr. Bryan: What I need to say is not necessarily the Post Buckley Study, as you had it here. Vice Chairman Teele: Then it's out of order. Mr. Bryan: And we are here on the agenda item, Little Haiti, and that's why we signed the form to speak on the agenda item, not the narrow Post Buckley. Vice Chairman Teele: What -- say what you want to say. Mr. Bryan: On the entire Haiti -- on the entire Little Haiti Park? Vice Chairman Teele: Whatever you want to say. Mr. Bryan: OK. Vice Chairman Teele: You're recognized for an additional minute. Mr. Bryan: Thank you, sir. As a citizen and a resident of the City of Miami, we're concerned about jobs and building the city and building the residents, and what we want to be sure is that Little Haiti gets its park. It should have a great park, but not at the expense of taking out jobs and not at the expense of demonetizing the community again, and we end up with a lot of blighted space over years. It just builds in itself. We would like to know -- or what we all want to know as residents is that when this park -- the land acquisition, is there money also set aside to build a park; that this process will take place within a certain time frame and not end up again creating more displacement? We want to protect jobs in the area so we can have residents, we can have business coming in and build a community. If we can see -- or what I think we all want to see is a total package to protect the persons who live here now and to bring more persons in. Thank you. Vice Chairman Teele: All right. Thank you. Mr. Manager, and I'd ask that you, on the 4th -- or the second meeting in April, that we address those concerns. Mr. Hernandez, Miriam Viulloa, V -I -U -L -L -O -A, 1177 Northwest 8th Street Road, Nathaniel -- I'm sorry. Natividad Cabrera, 4430 Northwest 1st Avenue, Beverly Gay -- Brenda Gayle, 550 Northeast 2"d. A number of people signed as employees, and we can't call names of em -- we have to -- we need a name. 56 March 27, 2003 Nehemie Jacques, Nelson at 400 67th Street, Marie Dorcilin, Marie Sebea, S -E -B -E-A, Sandra Akerman. Welcome, Ms. Akerman. Sandra Akerman: Thank you. Do you want me to give you my name and address? Vice Chairman Teele: Yes, ma'am, for the record. Ms. Akerman: Sandra Akerman, location 275 Northeast 59th Street, Miami. My question is: If there are parks that are already located in the area, why couldn't they be refurbished and the money be spent on refurbishing the park, rather than tearing down our buildings and displacing the people in the neighborhood? Vice Chairman Teele: All right, and we'll ask the Manager to answer that question directly on the second meeting. He's going to take all of this into consideration. This meeting is regarding the methodology of the Post Buckley Study. We will have all questions answered. Counsel, did you want to be heard at this time? Was there -- I don't -- I haven't gotten to your name, yet. Peter, would you like to be heard, because I've not gotten to your name, yet? Go right ahead, sir. Peter Erlich: Thank you. For the record, my name is Peter Erlich, with offices at 395 and 385 Northeast 59 Street, in Little Haiti. My question is on the methodology for the Post Buckley Study. We have -- those of us that have looked at the study have questions about how the assumptions were made based on the land acquisition costs. We have heard that the assumptions are much too low, and the actual assumptions that should be used today and, for the purposes of the Commissioners making decisions, should be much greater than the numbers that you've seen today. Vice Chairman Teele: Well, that would suggest -- they got it probably just about right. If I'm saying they're too high and you're saying they're too low, that would suggest they got it right in the middle there. Why don't we ask the consultants to make time with you and to spend time with the -- under the supervision of the Manager's staff, and try to see if we can answer those questions before the second meeting in April. Mr. Erlich: Thank you very much. Vice Chairman Teele: Would that be satisfactory to you? Mr. Erlich: We appreciate that. Vice Chairman Teele: OK. Mr. Manager, could you facilitate that? They would like to sit down with the consultant and discuss the assumptions. They think they're a little too low. I -- Peter correctly referenced that I think they're a little too high. Joe Arriola (City Manager): I will personally be part of that. I will personally get involved. Vice Chairman Teele: Thank you very much, Peter. All right. 57 March 27, 2003 Mr. Erlich: Thank you very much. Vice Chairman Teele: Counsel, does that satisfy you? Did you want to be heard, counsel, on the methodology? Mr. Robbins: Yes. I'd like to address an issue concerning the methodology. My name is Kent Harrison Robbins. I represent Michael O. Michael O. is the principal of Plastic Design Unlimited, Inc. They have an artistic workshop located 6444 Northeast 4th Avenue in Miami, Florida, in the project -- on the project site. Michael O. has been in this city for 26 years. Has been -- is a graduate of the Florida International University/School of Architecture, and will be speaking shortly, but I, as his attorney, are speaking on essential issue concerning methodology. I think it's very correct what Post Buckley did in discussing relocation costs, because the issue here is whether or not you're going to have adequate funding to provide a park, which we all agree that we need, but the question is, how much is that park going to cost? And that the area may appear to be way too ambitious for the amount of money available, and I think what we need to look at is what we have available and how much moneys we can spend reasonably and rationally to have the park that we all want, and I think Mr. Sanchez was very correct in asking for us to go through the relocation costs, because I find it hard to believe that -- Mr. Teele, I find it hard to believe that you would not want to pay for the relocation costs of your own constituents, if they're forced out of their homes and forced out of their businesses. It seems the very thing that you should be fighting for in your district, is to protect these people and their interests, and if they're pushed out for a park, that they be relocated not at their expense, but at the government's expense that's pushing them out, and it seems -- (APPLAUSE) Mr. Robbins: And that's why I think the Post Buckley Study should be considered with the cost of relocation. We have to consider -- stand up everybody, everybody with white shirts with Jobs. They're going to lose their jobs if they're -- because -- stand up. Look at all the people in here. They are going to be displaced from their jobs, and that these employers and property owners aren't adequately compensated, they're going to leave and every one of these people that are staying there are going to lose their jobs, because jobs are the issue here. Relocation is the issue here. (APPLAUSE) Vice Chairman Teele: All right, counsel. Your time has expired. Would you like -- Mr. Robbins: Thank you. I'd like to just introduce my client, Michael O., the artist. Come forward, Michael. Michael Oguns: How are you? Vice Chairman Teele: Good to see you, Mike. Mr. Oguns: My name is Michael. I think I met Mr. Arthur Teele -- 58 March 27, 2003 Vice Chairman Teele: Michael, you need to give us your address for the record, and you've got to speak right into the mike. We apologize. Mr. Oguns: OK. Address is 6444 Northeast 4th Avenue. Phone number 305-751-6394. I think I met Arthur Teele in my showroom last year, when we had Black History Month -- Unidentified Speaker: Can't hear him. Mr. Oguns: -- with me and Cecil Hayes. Vice Chairman Teele: That's correct, during the Cecil Hayes exhibit. Mr. Oguns: Yes, me and Cecil, and I was one of the artist -- one of the guys that you met there. I can't believe that I've been in this neighborhood now for 26 years, OK. When I graduate from college, I started my business in Little Haiti, 64th Street, in Banpumus (phonetic) building. I worked for five years, and in 1980s, when the riot came, I was devastated by the riot and lost $65,000. I decided not to leave this neighborhood because I want to see the neighborhood grow. I stayed in this neighborhood and I've been there for 26 years, OK. I've -- I did not go to the park to play after they devastated me in 1980. I went back to work and I stayed there all these years and I bought my building on 64th Street, OK. I'm an artist. I'm a designer. I'm known all over the country. Even you guys might not know me, but I'm covered by Miami Herald all the time. I don't see any reasons why you want to move my building and don't want to pay to move me. What is that? The building that I own, Mr. Arthur Teele, the building that I own, I don't know how much you're going to pay for it, but I have in the excess of a million dollars machinery in my shop. When I came to this country, I had a hundred and fifty dollars in my pocket. I have over a hundred -- over a million dollars machinery in my shop, so I'm going to move those machinery with my own money? I don't think so, so I think you guys need to re-evaluate what you're doing. I'm for the park. I'm for -- I don't care. Anybody could -- you know, I want Little Haiti people to -- yeah -- to have a park, because they're a part of me. I'm part of them, but for you to want to build a whole -- for you to want to build 60 -acre park in the Little Haiti, when all the jobs is going to begone, it doesn't make sense tome, OK. All my employees, they live in the neighborhood there, and I live -- I move my -- I moved and bought a building and my house close to this neighborhood here. I make this neighborhood grow. Because when I bought my building, it was trash all over the place. Now, the neighborhood is clean. It's nice. It's decent. It's now that you guys want to put a 60 -acre park there. Why don't you think about us? Why don't you think about Little Haiti kids? Why don't you bring a vocational school in there? Let them learn how to become a businessman, like these people you're going to get rid of. That's what we need in Little Haiti, people that will come and learn vocational school. These Haitian kids that come here, that don't know much, why don't you put a vocational school there? Why don't you let them learn so they could become, in 10 years, I bet you -- in 10 years, these Little Haiti people, little kids will grow up and learn and use that money to buy their neighborhood and build their factories there. This is what I did and this is what we need to do. All right. (APPLAUSE) 59 March 27, 2003 Vice Chairman Teele: All right. Ladies and gentlemen, we're pretty much out of time. If there's anyone who would like to be heard on this item, we're going to ask you to come forward, put your name and address on the record, make a brief statement, and allow everyone else so that we can ensure that when we have the next public hearing, those persons that want to be heard are recognized. Yes, sir. Give us your name and address just for the record. Just go over there. Anyone who would like to be heard, just line up. Give us your name and address for the record. You can make a brief statement, and we'll allow those persons to be able to speak first at the next meeting -- at the next meeting on this, second reading. Yes, sir. Victor Juste: Thank you, Commissioners. My name is Victor Juste, and everybody in Little Haiti know me because I'm the one who gave the name to Little Haiti, which is out here. I am -- and I have proof. I've got something to -- Vice Chairman Teele: No, no, no. You're going to have to make -- let the next person speak. Come right on. Yes, sir. Thank you. We're going to get your name and address, just for the record, any concerns that you'd like to make. You've got to make one statement. Thank you. Abe Rudman: I had put my name on the list. Vice Chairman Teele: Your name and -- Mr. Rudman: Yeah. Abe Rudman, 6501 Northeast 2nd Court. I'm a business owner in the affected area. I'm very -- extremely concerned about relocation costs. Our building was built with a specific purpose; to design, manufacture and distribute sportswear. Vice Chairman Teele: OK. Mr. Rudman: This -- I had prepared a statement that I wanted to share with -- Vice Chairman Teele: Well, we'll ask you to just submit your statement for the record and when we have the public hearing -- this is on the methodology and that's what we're going to just stay limited to. Would you allow the next person to speak, please? And when we have the next hearing, we're going to call on you to speak. Yes, ma'am. Yes, sir. Mr. Rudman: You know, it's not right. I came here to talk to you and you're not giving me a chance. Vice Chairman Teele: Well, we're going to hear you. This was on -- this item was agendaed for the purpose of allowing the Commissioner -- this Commissioner to understand the methodology, and that's what we're talking about, are the technical issues. Sir, go right ahead. The gentleman behind you. Yes, sir. Bennett Pumo: Hello, honorable Commission. I am Bennett Pumo, owner/partner/manager of the Bennett Pumo Enterprises within the City of Miami. The majority of our properties are in Little Haiti. 60 March 27, 2003 Vice Chairman Teele: Did you give an address? Mr. Pumo: Our office address is 7327 Northwest Miami Court. As to the methodology of the appraisals and the acquisition of the properties, it appears that Post Buckley has ventured into a mass appraisal technique, utilizing mass appraisal -type sales, whatever. I don't think a mass appraisal approach is proper, because we have a limited number of businesses that are affected. It's only a hundred and something buildings. They should be able to go to each individual property and assess that property as an individual property, not mass methodology appraisal - types. Vice Chairman Teele: Sir, thank you very much. Mr. Pumo: One more comment is -- Vice Chairman Teele: Your comment is to the point -- Mr. Pumo: On the Northeast -- Vice Chairman Teele: -- and very helpful for the record. Mr. Pumo: You made a comment about the Northeast 2nd Avenue properties. This is also a part of that that came up today, that the Northeast 2nd Avenue properties were to stay and you -- for the purpose of trying to reduce the estimate of costs, you've pulled these from it, but I have to remind you, on your last Commission hearing that we attended, you said 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 the park. All of my properties are industrial zoned. All of my properties are totally inconsistent with a baseball field, soccer field, or playground, so am I subject to City wrath of bulldozers? Vice Chairman Teele: That would be subject to the City Planning Director's determination as to what's compatible? But as I drive down Northeast 2nd, speaking for myself, virtually every activity that I have noted on Northeast 2nd, including the church, all the way down to the telecommunications center at 59th, I consider those to be -- including the laundry -- I consider those to be consistent with the park. Mr. Pumo: I have 27 units that face 27th Avenue. Of 36,000 -- Vice Chairman Teele: Are you saying 27th Avenue? Mr. Pumo: Second Avenue. Twenty-seven units that face 2nd Avenue. Of those units, they're all zoned industrial. The use may be a mile years down, but it could go into an industrial use at the change of use. That brings up the second question that I asked the Commission to -- direct -- was directed to at the last hearing and that was, does the City planners, does the City Commission plan on down zoning the surrounding properties that are inconsistent with a park? Are my industrial properties that are going to share the property line with a playground comparable or consistent? Of course they're not. 61 March 27, 2003 Vice Chairman Teele: Well, let me answer your question. Mr. Pumo: Yeah. Vice Chairman Teele: As far as I'm concerned -- and I don't make the policy determination, because I'm not an expert, but as far as I'm concerned, everything that is architecturally along Northeast 2nd Avenue today fits into Little Haiti, and as far as I'm concerned, those properties are going to stay just like they are, as far as I'm concerned. Now, the Planning Director will make the determination as to what's consistent or not consistent. Recently, they came to us for that determination regarding a -- what was it, a Wendy's or something? And the Commission voted that a Wendy's was consistent with the park, so hopefully, that answers your question. If not, we'll ask the staff to work closely with you. Mr. Pumo: I would like the Planning Department and this Commission to compile a list of what is consistent and not consistent with a park for I-1 uses in the City of Miami. Vice Chairman Teele: That's not the question, I-1. The question is Northeast 2nd Avenue. Mr. Pumo: That is correct, because Northeast 2nd Avenue is zoned industrial. Vice Chairman Teele: But the question is going to be, what are the uses that are currently on Northeast 2nd Avenue. Mr. Pumo: You can have a welding shop on I-1. You can have a car repair. You can have an auto repair. You can have a body shop. You can have a distributor. Vice Chairman Teele: All right. Thank you very much, sir. Mr. Pumo: You can have a machine shop. You can have a cabinet shop. Vice Chairman Teele: Sir, we are well aware of what industrial -- Mr. Pumo: Thank you very much. I just want this Commission to be aware of what is on 2nd Avenue, and the majority of the property is owned by me. Vice Chairman Teele: Yes, ma'am. Gepsie Metellus: Yes. Good morning, Commissioners. Vice Chairman Teele: Your properties are safe. Ms. Metellus: Gepsie Metellus, Executive Director of the Haitian Neighborhood Center, to the issue of methodology by the PBSJ Study. Wondering if there's been a thorough assessment of the available affordable housing units in this area, such that if you contemplate relocating residents, where are they going? Are there units available out there that would fill this gap? And 62 March 27, 2003 in light of the fact that we know that today there's a crisis in Little Haiti with respect to affordable housing units, and so I look forward to coming back to the public hearing to actually put all of my concerns on the record. Thank you. (APPLAUSE) Vice Chairman Teele: Ladies and gentlemen, I just want to get the record straight, because Commissioner Winton is the proper presiding officer. Counsel, specifically, to you, who have lead the applauding four times. Applauding, booing or any forms of this, just like in the State chambers, just like in a judges' chambers, just like in the Congress, just like in City Hall is not permitted, and I'm going to ask you, again, to please comport yourself in accordance with the Bar standard. It is prohibited activity in this chamber. I'm making -- am I making myself clear to you? You can respond by saying you will comport yourself or you will not. Go right ahead, sir. Marco Azucar: Good afternoon, Commissioners. My name is Marco Azucar, along with (INAUDIBLE) Hernandez, two of the five owners of (INAUDIBLE), probably the larger -- the largest employer in Little Haiti. Our address is 6301 Northeast 4th Avenue. We employ 125 people. We've been in Little Haiti for 14 years. We have brought in 38 people wearing the white shirt. We have 125 working in there, and we really oppose this because it will affect, not only our business, but also our employees, and we want to be on record on that. Vice Chairman Teele: Sir, thank you for coming. (APPLAUSE) Vice Chairman Teele: Ladies and gentlemen, we've been very liberal today. I'm asking if you would please comport yourself so that we can have order. Now, when we have the hearing on the second week in April, the Sergeant At Arms will be instructed to ask anyone to leave who applauds or, in any way, violates the rules of decorum of this chamber. We're not doing that today, but I'm just putting everybody on notice so that nobody says "that didn't happen the last time." Anyone who applauds or makes noises, et cetera, outside of the speaker, will be asked to leave the chambers. We have to have decorum. We can respect everyone's rights, but we must have decorum. Would you translate, please? Ondina Suarez (Spanish Interpreter): Yes, Your Honor. Note for the Record: At this time, Spanish interpreter Ondina Suarez translated the above - referenced comments addressed by Vice Chairman Teele. Vice Chairman Teele: In the future, let's make sure that when we bring this item up, we also have a translator who's fluent in Creole, Mr. Manager. It's ironic that we would have the discussion -- yes, sir. Manny Wong: Good evening -- good afternoon. My name is Manny Wong. I'm at 400 Northeast 67th Street, Miami. I'm a property owner, a business owner, a concerned citizen of 63 March 27, 2003 this community for the last 40 years. I have one question: A project of this magnitude, all parties affected should be notified. Why were some of us not notified until August of last year? Vice Chairman Teele: All right. Mr. Wong: I presently have 165 employees in my building. Vice Chairman Teele: Mr. Manager, could we get an answer and could we get that in writing, as well, on the second meeting? And I think it would be very helpful if we had staff to go back and get all of the notices that were held over the last two years on this of the meetings, but I think the question is a very good question that needs to be answered on the record. Thank you very much. Mr. Wong: Thank you. Vice Chairman Teele: Are there any other persons -- Mr. McKnight, welcome. Are there any other persons? Mr. McKnight will be the last speaker. Irby McKnight: I'm Irby McKnight, 1600 Northwest 3rd Avenue. I did sign one of these forms requesting appearance. I will reserve my comment until the April 24th meeting, and between now and then, I would like to have a copy of the study. I cannot comment on it because I've never seen it. Thank you. Vice Chairman Teele: The meeting stands recessed until 2:45, at this chambers, and -- unless any Commissioner -- Mr. Manager, Mr. Attorney, Mr. Commissioners, comments? Thank you all very much for being here. Let me remind you that when you come on the second week of April -- our second meeting in April, we will ask you to conform yourselves, and please do come back. Thank you for being here. THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 12:21 P.M, and RECONVENED AT 2:49 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT, EXCEPT VICE CHAIRMAN WINTON. Priscilla A. Thompson (City Clerk): (INAUDIBLE) before the Commission today, I need you to fill out this form, the speaker appearance record. It's in duplicate. Please fill out the form with the agenda item you're speaking on, today's date. Please, print your name and fill in the other information, as requested. Definitely, we need to know if you're a lobbyist and you're -- making sure that you're registered, whether you're speaking as information or for and against -- or against an item, and I need you to return this form to our City Clerk staff over here. You can pick up forms from our City Clerk staff or from the window, the City Clerk's window, or from the security desk out front. We just make sure -- you need to fill these out and return them to us. Thank you. Vice Chairman Teele: The Chair notes the presence of a quorum. 64 March 27, 2003 9. RELATED TO TWENTY-FIRST FAIR OF CUBAN MUNICIPALITIES IN EXILE FAIR, SCHEDULED FOR APRIL 3 - 6, 2003, AT GROUNDS OF FLAGLER DOG TRACK; GRANT REQUESTS TO: (1) WANE LIMITATIONS CONTAINED IN SECTION 906.9 OF CITY'S ZONING ORDINANCE AS RELATES TO NUMBER OF TEMPORARY EVENTS PERMITTED PER SITE ON PRIVATE PROPERTY PER YEAR, AND (2) DECLARE EXEMPTION FROM PROHIBITIONS CONTAINED IN SECTIONS 364(a) AND 36-5(a) OF CITY CODE AS THEY RELATE TO LEVEL AND HOURS OF NOISE; CONDITIONING SAID GRANTS UPON ORGANIZERS PAYING FOR COSTS OF CITY SERVICES AND APPLICABLE FEES AND OBTAINING INSURANCE TO PROTECT CITY. Vice Chairman Teele: Could we pick up with the item -- ? Did you want to pick up with the item that we interrupted Mr. Sanchez, or did you want -- ? We have items scheduled for 3 p.m. certain involving Community Development. We also have the mandate, that I failed to acknowledge properly, that public appearances would be held in the morning. You know, we advertise these public appearances for 9 o clock and we had said that we would make sure they're handled, so at this point we need to get to the public appearances that were on the morning agenda. I believe those Items 2, 3, and 4. We also recessed the item -- 2, 3 -- we also recessed the item relating to the worker's comp. (compensation), Risk Management, and we have also scheduled, I believe, a 3 p.m. time certain public -- Community Development. Commissioner Sanchez: Mr. Chairman, if we could go with the 3 p.m. time certain, then we could -- if it's OK with you and my colleagues, we'll do the people that are present here today, and then we'll take up CA -20, the presentations or -- ? Commissioner Telex: All right, then what we'll do is -- it's not 3 yet. What we'll do is we'll call upon items number 2 and 3. Is the representative from the Cuban Municipalities Fair available? Hugo Arza: Yes, I am. Vice Chairman Teele: Sir, I apologize. We've advertised that you'll be able to be heard in the morning and that was my omission. Mr. Arza: No problem. Vice Chairman Teele: Please be recognized. Mr. Arza: My name is Hugo Arza, A -R -Z -A. My address is 12800 Southwest 47th Street. I appear before you today representing the Cuban Municipalities Fair Corporation, which, next weekend, April 3 through 6, will be hosting its 20 Annual Feria de Los Municipios, or Cuban Municipalities Fair, at the Flagler Dog Track parking lot, the parking lots adjacent to Flagler Dog Track, and as has been the custom for many years, the City of Miami has granted us permits and waivers so as to allow the organization to hold the fair. Once again, we appear before you to ask for that, and my understanding originally was that the Administration's recommendation was that there was no problem. 65 March 27, 2003 Commissioner Sanchez: Mr. Chairman -- Vice Chairman Teele: Have you confer -- Commissioner Sanchez: -- so move the waiver. Vice Chairman Teele: Excuse me, sir. Have you conferred with the district Commissioner? Have you conferred with the ? Mr. Arza: Yes, we have conferred with all -- actually, we had sent stuff to all Commissioners. Vice Chairman Teele: What district is this in? Mr. Arza: I'll be honest with you, I'm not sure. It's 37th Avenue -- Commissioner Sanchez: Commissioner Gonzalez's. Mr. Arza: Commissioner Gonzalez. Commissioner Regalado: No. Commissioner Sanchez: It's yours? Mr. Arza: Is it? OK. Commissioner Sanchez: All right, it's yours. Mr. Arza: I apologize, Commissioner. Commissioner Regalado: No, that's OK. Vice Chairman Teele: Commissioner, do you have any objection to this item? Commissioner Regalado: Not at all. That's something that we have done throughout the years. It's something that brings thousands of people to the Flagler Dog Track. It's employees, a lot of vendors, and it's something very family-oriented, and I am fully supporting it. Vice Chairman Teele: Motion by Commissioner Sanchez, seconded by Commissioner Regalado. Is there a discussion? Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye Vice Chairman Teele: Let the record reflect a unanimous vote. 66 March 27, 2003 The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 03-269 A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO THE TWENTY-FIRST FAIR OF THE CUBAN MUNICIPALITIES IN EXILE ("FAIR"), CONDUCTED BY THE CUBAN MUNICIPALITIES FAIR CORPORATION ("ORGANIZERS"), SCHEDULED FOR APRIL 3 - 6, 2003, AT THE GROUNDS OF THE FLAGLER DOG TRACK; GRANTING THE REQUESTS OF THE ORGANIZERS TO: (1) WAIVE, BY A FOUR-FIFTHS AFFIRMATIVE VOTE, THE LIMITATIONS CONTAINED IN SECTION 906.9 OF ORDINANCE NO. 11000, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS IT RELATES TO THE NUMBER OF TEMPORARY EVENTS PERMITTED PER SITE ON PRIVATE PROPERTY PER YEAR, AND (2) DECLARING AN EXEMPTION FROM THE PROHIBITIONS AND RESTRICTIONS CONTAINED IN SECTIONS 364(a) AND 36-5(a) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS THEY RELATE TO THE LEVEL AND HOURS OF NOISE CONCERNING SAID FAIR; CONDITIONING SAID GRANTS UPON THE ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH THE FAIR AND OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER. (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: Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Commissioner Angel Gonzalez Mr. Arza: Thank you very much. Vice Chairman Teele: Thank you. 67 March 27, 2003 10. RELATED TO GREATER MIAMI MARDI GRAS FESTIVAL, TO BE HELD AT BISCAYNE BOULEVARD FROM SOUTHEAST 2ND TO NORTHEAST 5TH STREETS, ON APRIL 13, 2003; AUTHORIZE WAIVER OF FEES AND PERMITS PERMISSIBLE BY LAW FOR USE OF PUBLIC RIGHT-OF-WAY AND PROVISION OF IN-KIND SERVICES FROM DEPARTMENTS OF POLICE, FIRE -RESCUE, SOLID WASTE AND PARKS AND RECREATION, $36,000 (See #97). Vice Chairman Teele: Item -- Commissioner Regalado: Thank you. Vice Chairman Teele: -- number 2, Mr. Incorporated; Administration recommendation recognized, sir. Cayard of the Haitian American Foundation To be discussed. Welcome, Ringo. You're Ringo Cayard: Ringo Cayard, Haitian American Foundation, 5080 Biscayne Boulevard, in Miami, Florida. I'm here today, gentlemen of the Commission, to remind you again the fact that we're going to have the Marti Gras in Miami. This is going to be the first time that Miami will have a Marti Gras with the float in the style of New Orleans. The reason being is because New Orleans generate over $1.2 billion a year for Marti Gras, and we have all the ethnic groups right here in Miami, meaning the Haitian, the Brazilian, the Nicaraguan, the Cubans, and the Africans, and the Trinidadians, and we all are in the spirit of Marti Gras. In our homeland we have it and it's bigger than that. It's a cultural event. It's a cultural feeling. As a matter of fact, Commissioner Teele took me to Morocco and I was trying to convince the Arab world to come up with Marti Gras, but they have something similar to that and they understand it because every one of us, we understand the concept of Marti Gras. Commissioner Sanchez: Mr. Ringo, how much exactly are you asking in in-kind services? Mr. Cayard: We are asking in in-kind for the Police (UNINTELLIGIBLE) -- Commissioner Sanchez: Is there a budget? Mr. Cayard: Yes, we have a budget, which we give to the Administration. Commissioner Sanchez: I don't -- Exactly what -- it says here total City of Miami grant request of $171,600 -- Mr. Cayard: That's what we're asking, but I know that you are constraint for monies, and we are definitely working closely with Michelle Spence and with the Administration, and I think they came up with an idea of what we need to have in order to make it happen, but I have to let you understand that Dade County already help us out, Bayfront Park Trust had help us out in the form of a grant; we receive a grant from Miami Herald, Liberty Newspaper, and a lot of in-kind services. The money that we are asking is partly for Police, Sanitation, Fires [sic], barricade, and also, part of the money is for the advertising -- 68 March 27, 2003 Commissioner Sanchez: But how much? How much -- ? Mr. Cayard: We would really like to have at least maybe 50,000 from the City in cash and the balance to pay the Police in in-kind and -- because it's like -- it's such a great event, and Commissioner Sanchez, you know that yourself, we talk many times about it. The 50 would enable us to properly advertise the event with all the groups coming from all over the world. Commissioner Sanchez: Is there anybody here from the Special Events office? Mr. Arriola: Yes. Commissioner Sanchez: Michelle, do you have a recommendation? Does the City Manager have a recommendation? Mr. Arriola: Yes. Michelle will -- Michelle Spence: Good afternoon. My name is Michelle Spence. I am the director for Special Events in the Mayor's office. Yes, we are recommending the in-kind services of $36,000 for all in-kind services, which is Fire, Solid Waste, and Police services. Additionally, I believe Mr. Cayard needs some additional assistance with marketing efforts, so I guess we discussed maybe perhaps including an additional $25,000 to assist him with the marketing efforts, so it'll -- Commissioner Sanchez: So it's a total -- Ms. Spence: -- be $30,000 in-kind services from the Special Events fund -- Commissioner Sanchez: And 25,000 in -- Ms. Spence: -- and 25,000 -- it's 20 -- it would be 25,000 that we'd be assisting him with, as far as the marketing dollars that's associated with it, so it would be $25,000 grant -- Commissioner Sanchez: I got it. Ms. Spence: -- OK, and $30,000 in-kind service -- $36,000 in-kind services. Lena Blanco, which is from the Office of Special Events -- I guess, they didn't -- she didn't know the item was coming up this early. I have no idea where she is, but there's a -- she has a breakdown of the total amount. Vice Chairman Teele: All right. Why don't we do this: Why don't we entertain the Man -- does the Manager have a written recommendation? Mr. Arriola: Unfortunately, I just got the budget this morning from him -- Vice Chairman Teele: OK. Mr. Arriola: --and I just talk -- 69 March 27, 2003 Vice Chairman Teele: Why don't we entertain right now the in-kind service issue, and then why don't we ask Lena to meet with the staff, the Mayor's staff, the Manager, whatever, and then let's come back with all of these things that we're going to -- Commissioner Sanchez: I'm prepared to move the $30,000 in in-kind service at this time. Vice Chairman Teele: I thought she said 35? Ms. Spence: It's $36,000 for the (UNINTELLIGIBLE). Vice Chairman Teele: Thirty-six thousand. Mr. Arriola: Thirty-six. Commissioner Sanchez: It's 36? Ms. Spence: It's 36. Commissioner Sanchez: Well, the $36,000 in in-kind donation at this time, so move. Vice Chairman Teele: There's a motion by Commissioner Sanchez -- Commissioner Gonzalez: Second. Vice Chairman Teele: -- seconded by Commissioner Gonzalez for the in-kind services. All those in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All those opposed. The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 03-270 A MOTION RELATED TO THE GREATER MIAMI MARDI GRAS FESTIVAL, TO BE HELD AT BISCAYNE BOULEVARD FROM SOUTHEAST 2ND TO NORTHEAST 5TH STREETS, MIAMI, FLORIDA, ON APRIL 13, 2003; AUTHORIZING THE WAIVER OF FEES AND PERMITS PERMISSIBLE BY LAW FOR THE USE OF PUBLIC RIGHT-OF-WAY AND THE PROVISION OF IN-KIND SERVICES FROM THE DEPARTMENTS OF POLICE, FIRE -RESCUE, SOLID WASTE AND PARKS AND RECREATION, IN AN AMOUNT NOT TO EXCEED $36,000. 70 March 27, 2003 Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Vice Chairman Teele: Now, would you all mind coming back so that, at the end of the day, we know exactly what we're doing, but let the Manager's office and Lena, and would you all work to the balance of the year -- ? Because what we need to make sure we do is recognize that there are a number of events -- are we going to have the music fest this year? Ms. Spence: Yes. It will be taking place this year, but I believe it's taking place in November, though. Vice Chairman Teele: So, then, the next fiscal year? Ms. Spence: Yes, sir. Vice Chairman Teele: Well, that's great news, so why don't we ask and look at everything that we've got on the agenda so we know where we are? Because last year people said we took a raid and nobody was acknowledged, but I wish you all would look at -- we've got Goombay. If Commissioner Winton were here, he would certainly advocate for Goombay, as we have. We've got Copa fest. Unidentified Speaker: Copa. Vice Chairman Teele: We've got request from Senator Graham's office for Roots and Culture, and we've got some activities undesignated for the Bicentennial of Haiti, so -- and we've done nothing there; yet, we keep saying we want to be the gateway to the world and we want to be this, that, and the other. That's another story, so could we get a comprehensive recommendation tonight, Mr. Manager -- Mr. Arriola: Yes, sir. Vice Chairman Teele: -- on this and everything else so we know where we are? And I'd like to support -- some support for the marketing effort, and a part of the marketing effort could also be utilization of Net 9, as well, for banners or streamers -- Unidentified Speaker: Yes. 71 March 27, 2003 Vice Chairman Teele: -- crawlers, I think they call them. I mean, we don't use any crawlers on Net 9, do we? I've not seen any, but we could use crawlers, you know, during programming to alert people of things that are going on in our venues. All right. Ms. Spence: Thank you. Vice Chairman Teele: Mr. Cayard, you're about 60 percent there -- 70 percent there. Mr. Cayard: Yes. Thank you so much, and of course, the fact that we're getting the grant from the City and the County, you know, you all co-chairing automatically the event, so this is going to be maybe the greatest thing for us as a community because we have all the ethnic groups together participating. We have for the one who dance, the sound of Samba. We have the group from Brazil. We have Grupo Niche from Columbia. We have (UNINTELLIGIBLE) from Haiti. We have Hansel from Cuba. I mean, we have large group of people, different ethnic group, different culture also, and food. Vice Chairman Teele: Thank you very much. Mr. Cayard: Thank you. 11. AMENDING RESOLUTION NO. 02-1133, RELATING TO ALLOCATION OF $2,223,400 OF 281H YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS IN THE ECONOMIC DEVELOPMENT CATEGORY. Vice Chairman Teele: Those are the two items that we should have gotten on this morning. It's now 3:09 and we scheduled for 3 p.m. the public hearing regarding the Community Development grant. Mr. Manager, I don't have a copy of the Mayor's State of the City. I think it would be very helpful if we did, and I think one of the things we should take under consideration in our community development process are those initiatives that we personally agree with, at least as relates to our districts that may be incorporated. Joe Arriola (City Manager): We'll make sure you get it. Vice Chairman Teele: Mr. Manager. Mr. Arriola: We'll make sure you get it. You want it right now? Vice Chairman Teele: No, no, no. Your 3 o'clock item. Commissioner Gonzalez: What item is that? Mr. Chairman, what item is that? Mr. Arriola: We're on Item 10. Commissioner Gonzalez: Ten. Mr. Arriola: CDBG (Community Development Block Grant) items. 72 March 27, 2003 Vice Chairman Teele: Actually, aren't there nine items with this package? Barbara Rodriguez (Director, Community Development): There's ten. Vice Chairman Teele: There's 10 items, so we're talking about items 10 through what? Mr. Arriola: Seventeen -- 17-B. Ms. Rodriguez: Seventeen B. Barbara Rodriguez, Department of Community Development. Item 10, what it does basically is, we're looking for an approval to deobligate District 1 pilot project for $50,000, and fund the Allapattah Business Development Corporation for $50,000 to complete the Ralph Plaza Project. This was a set aside that District 1 had available. This will leave them a balance of $27,000 that have not been allocated. Vice Chairman Teele: All right. This is a public hearing on this matter. Any person desiring to be heard on the matter as identified by the staff and identified as item number 10 should come forward, somehow, I knew you would. Commissioner Regalado: What is the -- what item are we -- Ms. Rodriguez: Number 10. Vice Chairman Teele: Item number 10. Commissioner Regalado: Item 10 is two million -- Ms. Rodriguez: No. It's $50,000 de -- Commissioner Regalado: My 10 is a resolution. Commissioner Gonzalez: My 10 is a resolution also, so we have a -- Vice Chairman Teele: Yeah, but if you read the details, it is transferring $50,000 -- Commissioner Regalado: Oh, OK. Vice Chairman Teele: -- of an amount of money. Commissioner Regalado: I read the fine print. OK. I see. Vice Chairman Teele: All right. Commissioner Gonzalez: OK. Yeah. 73 March 27, 2003 Vice Chairman Teele: Yes, sir, you're recognized. Mr. Manager, it's getting a little warm in here. I don't know if the air conditioner -- Mr. Arriola: It is getting warm? Mariano Cruz: It's a little hot air. Mariano Cruz, 1227 Northwest 26th Street. Asa resident of Allapattah and seeing what ABDA (Allapattah Business Development Authority) has done there, they have a track record and you could see tangible homeownership there (INAUDIBLE) I'd like to see this $50,000 go into there. That's out of my tax money. I'd like to see it properly used. Thank you. Vice Chairman Teele: Thank you. Madam Clerk, do you have any other persons signed up for item number 10? If not, are there any other persons? The public hearing is closed. Commissioner Gonzalez, you're recognized for a motion. Commissioner Gonzalez: Thank you, Mr. Chairman. I would like to move Item 10. Vice Chairman Teele: Is there a second? Commissioner Sanchez: Second. Vice Chairman Teele: Is there objection? All those in favor, signify by the sign of "aye." The Commission (Collectively): Aye. Vice Chairman Teele: Those opposed have the same right. 74 March 27, 2003 The following resolution was introduced by Commissioner Gonzalez, who moved its adoption: RESOLUTION NO. 03-271 A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 02-774, AS AMENDED BY RESOLUTION NOS. 02-879 AND 02-1133, RELATED TO THE ALLOCATION OF $2,223,400 OF 28TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FUNDS IN THE ECONOMIC DEVELOPMENT CATEGORY AND AMENDING RESOLUTION NO. 02-775, AS AMENDED BY RESOLUTION NOS. 02-881 AND 02-1133, RELATED TO THE ALLOCATION OF $1,117,500 OF 28TH YEAR CDBG PROGRAM FUNDS IN THE HOUSING DEVELOPMENT CATEGORY BY TRANSFERRING FUNDS IN THE AMOUNT OF $50,000 FROM DISTRICT 1 ECONOMIC DEVELOPMENT PILOT PROJECTS RESERVE FUND IN THE CATEGORY OF ECONOMIC DEVELOPMENT TO ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC. IN THE CATEGORY OF HOUSING DEVELOPMENT BEGINNING OCTOBER 1, 2002; AND FURTHER AUTHORIZING THE CITY MANAGER TO AMEND THE EXISTING AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE AGENCY FOR SAID PURPOSE. (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: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton 12. ALLOCATING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FROM PREVIOUSLY APPROVED DISTRICT 5 LITTLE HAITI JOB CREATION PILOT PROJECT. Vice Chairman Teele: Item number 11. Barbara Rodriguez (Director, Community Development): Item number 11, we're looking for a recommend -- we're looking for approval to transfer seventy-five thousand dollars ($75,000) that was allocated to the City of Miami Planning Department, to the City of Miami Retired Police Officers in the historical old black police precinct. What happened was that when we funded the seventy-five thousand dollars ($75,000) to the Planning Department, after knowing what they 75 March 27, 2003 wanted to do and seeing the proposed activities, it falls under the administration, and the administration at this time is to the maxed capacity. Vice Chairman Teele: In other words, the administration cannot legally use these dollars? Ms. Rodriguez: Correct. Vice Chairman Teele: All right. Is it your recommendation that this be done? Ms. Rodriguez: Yes. Vice Chairman Teele: All right. The public hearing's opened. Would those officers that are here on behalf of the transfer of the $75,000 -- now is the correct name "Black" precinct or "Colored" precinct? Unidentified Speaker: Colored precinct. Vice Chairman Teele: OK, so Madam -- Ms. Rodriguez: Oh, we have it. Vice Chairman Teele: -- it's the "Colored" precinct. Ms. Rodriguez: I'll make sure it's changed. Vice Chairman Teele: Let's don't rewrite history. If one person would just get to the mic and start talking, we could help this thing go. Otis, welcome, sir. Otis Davis: My name is Otis Davis. Business address is 6102 Northwest 7th Avenue. I'm the president of the organization of City of Miami Retired Police Benevolent Association. We are in the process of restoring an old precinct that many years ago was -- it's a courtroom and a precinct. We're trying to make that into a museum. In addition to that, we want to have classrooms there. We're going to have classrooms where we'll be tutoring kids in that area. We have four schools still in that area that need our -- in dire need of our help. We have before you a picture of the old precinct as it looks right now. I also have some rendering here that shows you what it's going to look like later. We have already gone to -- we've had the architect to draw the renderings, to draw the plans; we've also had it declared a historic site. We've done an environmental piece. We're not at the point of recon -- of doing the construction. What you see here is how it will look when it's finished. What you have there is what it looks like now, but the plans are already -- everything has been done at this point here, except for the construction part of it, and we are asking that you assist us in trying to carry this endeavor on to what it's supposed to be. It was one of the first in the south. It was the only one of its kind. The first black judge in the south presided at this place. We also worked out of it. I worked out of there and many other officers worked out of that particular precinct. Vice Chairman Teele: That was Judge Thomas. 76 March 27, 2003 Mr. Davis: Judge Thomas was the first black judge in the south. Vice Chairman Teele: And his wife is Eugenia Thomas. Mr. Davis: Right. Vice Chairman Teele: And a member of the Virginia Key Trust, just so everybody's aware. Mr. Davis: This place was the only one of its kind in the south. There was no other courtroom or police agency in the South at all, so we feel very proud that we can restore this and make it be what it should be. We can guarantee you, with your help, this will be a state-of-the-art building. It's going to be a building that we can all be proud of When tourists come down, they can see what we're going to be doing, but as I said, in addition to it just being a museum, we're going to be -- we have police officers who will be teaching out of there for our kids in that area. We have four schools in there right now, and those schools are "C" or "D" and "F" schools, so we plan to assist in bringing back some kind of education to those kids that are in dire need of our help. Vice Chairman Teele: All right. Could we just get each of the officers that's here or the persons to identify yourself. Put your name and address on the record, please, just so that the record is complete, and if you were a police officers, just state what years you served. Really, the mic -- try not to touch the mic because if you touch it, it distorts the voice. Willie Calhoun: Willie Calhoun, 1090 Northwest 53rd Street, 20 years service. Vice Chairman Teele: What year to what year? Mr. Calhoun: Nineteen fifty-six through 1971. Gaddy Rawls: My name is Gaddy Rawls, address 1861 Northwest 47th Terrace. Twenty-five years. Went on 1956 to 1980. Jesse Hill: Jesse W. Hill, 3211 Percevil Avenue, Coconut Grove. Nineteen fifty-one October -- corrections. November '51, January 1980. Vice Chairman Teele: Thirty years. David Fincher: David Fincher, 2412 Northwest 58th Street. Fourth of January 1957 to July 1966. Samuel Stubbs: Samuel Stubbs, 1825 Northeast 154th Terrace. Nineteen seventy to 1992. Thomas Marshall: Thomas Marshall, 800 Northwest 42nd Street, 25 years of service. Leroy Smith: Leroy Smith, 3241 Northwest 11th Place, 27 years police service, Major of Traffic Section, Miami Police Department. 77 March 27, 2003 Clarance Dickson: Good morning, Commissioners. Clarance Dickson, 1960 to 1989. You know, it's very privileged to be here to address you and also to give you a little bit about the history of the Miami Police Department. I happen to be the first black to go through the Miami Police Academy during those days, and I also later became the first black police chief of the City of Miami, and the precinct really stands as a snapshot of history as to how we finally arrived to where we are, and we really appreciate the opportunity to come here and address you and, you know, ask for your support and we are very appreciative. Thank you very much. Commissioner Gonzalez: Mr. Chairman. Vice Chairman Teele: Just one more. Willie Jackson: Yes. I'm Officer Willie Jackson. I work out of the north district substation, and I'm here because I'm standing on their shoulders. Vice Chairman Teele: Thank you. Are there any other persons to say anything? If not, the public hearing is closed. Commissioner Gonzalez. Commissioner Gonzalez: Yes, Mr. Chairman. Wish you would allow me the honor to make -- to be the maker of the motion to approve this funding. Vice Chairman Teele: It's moved by Commissioner Gonzalez. Commissioner Sanchez: Second. Vice Chairman Teele: It's seconded by Commissioner Sanchez. Commissioner Regalado, did you -- Commissioner Regalado: Yes, sir. You know, sometime history get rewrite and whoever write it, get it wrong or list different, so when we are done with this motion, Mr. Chairman, I'm going to have another motion, and the purpose of that motion is to try to save history as it was. My motion will be to direct the administration to use the facility of Net 9 for -- in the next three to four months, with time, one by one, each of the members of this association will come in to an improvised studio here in City Hall and will be taping an interview with the memories and the details of their career in the Police Department. When we start construction of the museum, that -- those tapes will be edited to be shown as a program in Net 9, but the whole entirety of the interview should be always running in the museum as part of a loop with all the members, and we should -- starting to next month or two or in three months -- set aside some money -- and I understand that Miami Sports and Exhibition Authority can do that -- in order to do state-of-the- art video facility, small corner in the museum, so the visitors will have everyday, all day the memories of the black police officers of the City of Miami. I think it's important and it's nothing new. It's been done in many museums throughout the world, but I think that we have the responsibility of saving that part of history in the City of Miami, so when we get done with this, that will be my motion, Mr. Chairman. 78 March 27, 2003 Vice Chairman Teele: All right. On the motion on the floor, all those in favor say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All those opposed? The following resolution was introduced by Commissioner Gonzalez, who moved its adoption: RESOLUTION NO. 03-272 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE REALLOCATION OF 28TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG') PROGRAM FUNDS FOR PROGRAM YEAR BEGINNING OCTOBER 1, 2002; IN THE CATEGORY OF HISTORIC PRESERVATION, IN THE AMOUNT OF $75,000, FROM THE CITY OF MIAMI PLANNING DEPARTMENT — HISTORIC PRESERVATION ACTIVITIES TO CITY OF MIAMI RETIRED POLICE OFFICERS COMMUNITY BENEVOLENT ASSOCIATION, INC., ("ASSOCIATION") FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE EXISTING AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE ASSOCIATION, FOR SAID PURPOSE. (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: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Vice Chairman Teele: That's item number 11. Commissioner Regalado is recognized to just -- to make the motion that he just stated. Commissioner Regalado: Motion will be to direct the administration to tape in the next four to five months, one by one, all the members of this group. Save those tapes for a loop to be used in the museum, and whenever the construction and grand opening kicks in, it will be edited and it will be shown in a special program in Net 9. Commissioner Sanchez: Second. 79 March 27, 2003 Vice Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All opposed? The following motion was introduced by Commissioner Regalado, who moved its adoption: MOTION NO. 02-273 A MOTION DIRECTING THE CITY MANAGER TO INSTRUCT THE ADMINISTRATION TO USE THE NET 9 FACILITY DURING THE NEXT 4 TO 5 MONTHS TO INTERVIEW EACH MEMBER OF THE RETIRED POLICE OFFICERS COMMUNITY BENEVOLENT ASSOCIATION, INC., DETAILING THEIR MEMORIES AND DETAILS OF THEIR CAREERS IN THE POLICE DEPARTMENT; SAID INTERVIEWS TO BE CONTINUALLY SHOWN IN THE PROPOSED BLACK POLICE OFFICERS MUSEUM AS WELL AS ON MIAMI TV. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Vice Chairman Teele: Now, on this item, Mr. Manager, the CIP (Capital Improvement Project) staff has got two resolutions that have been passed requesting that some of the historic funds dollars be brought forward to round out the construction of this project. Again, this is a city owned facility and there are three or four things that need to happen: number one, the Law Department and the management need to get together and design and develop a mechanism so that the retired police officers can have some management and control over this building once they do this. I know it may sound a little silly, but I've been around here long enough to know you all will do all this work and they'll be 500 people rushing in to take it over and tell you all, "You just -- y'all need to get out the way," theoretically, so one of the things that need to happen, Mr. Attorney, just like we have a management agreement at the park there, the baseball, just like we have one at Bunkers, just like we have one -- but, you know, the Manager needs to use his full authority in brining that forward because, candidly, you all have no rights to help the programming that you've talked about, which we all know is good, and I would hate to get to the end of this and then wind up with some usurpers trying to tell you all, you don't' have a right to do this and we have these rights, et cetera, and candidly, they would be within their rights, so I'd 80 March 27, 2003 like to try to confirm that, Mr. Manager, with your support and that of the Attorney's. Secondly, we've requested, under the CIP, that the CIP come forward with a recommendation to complete the construction of this facility using historic designation funds, and this is a historic venue and facility by any standards, and it's one of the more significant buildings, and so I would ask that that item be presented -- has it been presented? Chief, has it been presented? Chief, that item hasn't been presented final, has it? See, the previous CIP Director was coming forward with that item in March, so I don't want to get into a disconnect situation that it was previously discussed on the dais, it was previously directed and agreed to that, in March, the management would come forth with a recommendation. It's my understanding that the balance of the construction costs is about one point five million, one point eight. What's the right number at this point? Mr. Dickson: It's about one point five right now. Vice Chairman Teele: About one point five, and I'm also advised that the state of Florida is going to -- based upon applications for grants from the State that had been previously submitted, this organization will do very well, will continue to do well in bringing money to the project, so while one point five is needed for construction, there's going to be probably a budget of something like four to six hundred thousand dollars ($600,000) lead for the furnishings, the interiors and all of those. This is just a total budget cost, so can you agree, Mr. Manager, to come forth, with the CIP, with a recommendation within 30 days on this? Joe Arriola (City Manager): Absolutely. It would be no problem. I had the honor of meeting with Chief Dickerson about two weeks ago, and would love to get involved in the project to make sure it happens. Vice Chairman Teele: All right, so we'll stay tuned, and thank you all very much. Thank you. Alejandro Vilarello (City Attorney): Mr. Chairman. Vice Chairman Teele: Commissioner -- yes, sir. Mr. Vilarello: Do you want to direct the Manager and the City Attorney by motion to prepare a management agreement with the management of the facility? Vice Chairman Teele: I will yield to Commissioner Regalado, and Commissioner, would you recognize me for the motion? Commissioner Regalado: Sorry? Vice Chairman Teele: Would you recognize me for the motion? Commissioner Regalado: Oh, yes, absolutely, sir. Vice Chairman Teele: I would so move that the Manager and the Attorney come back with the recommendation within the second meeting in April. 81 March 27, 2003 Commissioner Regalado: OK. Commissioner Sanchez: Second. Commissioner Regalado: We have a motion. Do we have a second? Second by Commissioner Sanchez. All in favor say "aye." The Commission (Collectively): Aye. Commissioner Regalado: It passes. The following motion was introduced by Vice Chairman Teele, who moved its adoption: MOTION NO. 03-274 A MOTION INSTRUCTING THE CITY MANAGER AND CITY ATTORNEY TO DRAFT A MANAGEMENT AGREEMENT FOR THE CONSTRUCTION OF THE BLACK MUSEUM. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Commissioner Regalado: Back to you, sir. 13. ALLOCATE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FROM PREVIOUSLY APPROVED DISTRICT 5 LITTLE HAITI JOB CREATION PILOT PROJECT, SET-ASIDE $90,000 TO SUPER KIDS CHRISTIAN DAY CARE, INC., $90,000 TO TENDER LOVING CHRISTIAN DAY CARE CENTER INC, and $90,000 TO WEBERMAN' S TRADITIONAL FOODS INC. IN FORM OF FIVE YEAR DEFERRED, FORGIVABLE LOANS. Vice Chairman Teele: All right. Item number 12. Barbara Rodriguez (Director, Community Development): Item number 12 is basically, 1998 we made a funding commitment of 225,000 for a five-year to implement the Little Haiti Job Creation project. In 2001 the City Commission approved project guidelines. The purpose of the projects was a one-time deferred, forgivable loan to businesses in Little Haiti, and the goal was 82 March 27, 2003 to create jobs through business expansion and retention. Basically, in order for you to qualify, you had to create one full-time job for every $15,000 we provided -- Vice Chairman Teele: What's the federal guideline, 35,000? Ms. Rodriguez: Thirty-five thousand to one. The maximum available per business, we were going to fund $90,000. An advisory board was created in January 2002, and right now we are recommending three businesses. They've gone through the advisory board, and the names of the businesses is Super Kids Christian Day Care, Inc. for $90,000, Tender Loving Christian Day Care Center, $90,000, Weberman's Traditional Food, Inc., $90,000. Still leaves an available balance of $730,000 that we're working to complete it soon. Vice Chairman Teele: You have a number of companies in the pipeline and this is taking way too long. Ms. Rodriguez: Correct. Vice Chairman Teele: You are aware that we allowed your department to use the consultant that had been selected for this to deal with the problem in the housing stock? Ms. Rodriguez: Correct. Vice Chairman Teele: And so this program got about a year behind because of that -- Ms. Rodriguez: Right. Vice Chairman Teele: -- and I'm requesting that we expedite the program. This is a public hearing. Any person desiring to be heard should come forward. Any person desiring to be heard Priscilla A. Thompson (City Clerk): Vice Chairman Teele, we have two individuals signed up to speak, Ms. Adline Aurbin from Super Kids Day Care, and Ms. Irmide Valcin from Tender Loving Christian Day Care Center. Vice Chairman Teele: All right. Give the times constraint. Unless you are against it, just put your name and address on the record and make a brief statement, please, ma'am. Come right up. Irmide Valcin: My name is Irmide Valcin. I'm the director at Tender Loving Christian Day Care Center, located at 51 Northeast 82nd Terrace, and we are here to request a grant from the City for 90,000. Thank you. Vice Chairman Teele: How long have you -- did you apply? How long ago did you apply? Ms. Valcin: About a year ago. Vice Chairman Teele: OK. Thank you. 83 March 27, 2003 Adline Aurbin: Good afternoon. My name is Adline Aurbin. I represent Super Kids Day Care. We are seeking for a grant funds to help expand in the amount of $90,000. Vice Chairman Teele: All right. Is there anybody here in opposition of these items? If not, the public hearing is closed. Commissioner Gonzalez: Move Item 12 -- Commissioner Sanchez: Second. Commissioner Gonzalez: --Mr. Chairman. Vice Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All opposed have the same right. The item is unanimously adopted. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-275 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE RE -ALLOCATION OF $270,000 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS PREVIOUSLY ALLOCATED FOR DISTRICT 5, LITTLE HAITI JOB CREATION PILOT PROJECT SET-ASIDE, TO SUPER KIDS CHRISTIAN DAY CARE, INC., TENDER LOVING CHRISTIAN DAY CARE CENTER INC., AND WEBERMAN' S TRADITIONAL FOODS INC., EACH IN THE AMOUNT OF $90,000, TO BE USED TO CREATE AND MAINTAIN SIX (6) NEW EMPLOYMENT OPPORTUNITIES PER PROJECT FOR RESIDENTS OF THE LITTLE HAITI NEIGHBORHOOD FO FIVE-YEAR PERIOS, SUBJECT TO: (1) THE APPLICANT SUBMITTING EVIDENCE OF AVAILABLE FINANCING TO COMPLETE EACH PROJECT, (2) PROJECT RECEIVING ENVIRONMENT CLEARANCE FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND (3) PROJECT MEETING ALL APLLICABLE LOCAL, STATE AND FEDERAL REGULATIONS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS. IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID AGENCIES FOR SAID PURPOSES. 84 March 27, 2003 Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton 14. ADOPT 29TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM POLICY FOR PUBLIC SERVICES CATEGORY. Vice Chairman Teele: Item number 13. Barbara Rodriguez (Director, Community Development): Item number 3 -- Item number 13 we're looking for policy decision. This one has to do with Public Services dollars. This is a very hard year, as we all know, and we heard it at the CDBG (Community Development Block Grant) public hearing. The 29th Year of funding is approximately $10,000,140, which represents approximately $2,000,000 of reduction from prior year funding. Federal regulations only permit 15 percent to the public service category, which is an equivalent to $1.5 million. They also allow 15 percent of any program income from the prior year. We're calculating that this year we will have another approximately $225,000 that we will be able to put on this category, which will take it up to a million seven. This represents 46.1 percent reduction from last year funding. The Administration recommends that an RFP (Request for Proposals) process be district driven, number one, that we only allow proposals from agencies that are providing services that were priority identified at the public hearings from each district. Just to give you some data, 10 percent of the City -- and we are recommending basically two types of category, elderly and child care. There was -- and just to go through district, District 1, elderly meals and transportation, child care services; District 2, elderly, child care, including after-school program; District 3, elderly service, child care services; District 4, the same, elderly and child care services; District 5, after-school programs but priority for programs that are located in city parks. That's basically some of the categories we've heard. There will be a drastic change on how we pay for child care. We will only play according to the child. We will no longer fund agencies based on budgets, but actual the child that it gets enrolled, and it is determined that is a City resident. Our recommendation again is the proposals be driven by the priorities identified by each of your districts and what we heard at the public hearing. According to the 2000 census, 10 percent of the City residents living at or below poverty line are children under the age of five; 29 percent of the City's elderly residents age 65 and over are living below poverty, so we feel very strongly that those categories are some that we should consider, and again, this is policy guidance to put out an RFP. Vice Chairman Teele: All right. First and foremost, I'm going to ask the staff to ensure that Commissioner Winton, if he has input, that that input is given in by his staff on these because 85 March 27, 2003 these policy guidelines are going out and it needs to be incorporated today, so I note that Commissioner Winton is what district? Ms. Rodriguez: District 2. Commissioner Sanchez: Two Vice Chairman Teele: District 2, and the priority of the staff recommendation would be elderly and child care, and I think it will be very good if we could get some input from Commissioner Winton's office before this public hearing process is closed. This is only on public services? Ms. Rodriguez: Correct. Vice Chairman Teele: The goal would be to allow each Commissioner at this point to amend the staff recommendation, if you would like, or agree with the staff recommendation, then we'll have a public hearing on what it is you're saying you want for your district, and this is the point in time. As I look at this, District 1, elderly and transportation and child care, and so I'll just go down in the line. Commissioner Gonzalez, do you agree or will you -- ? Commissioner Gonzalez: Yes, Commissioner, because this decision came out of the CDBG community meetings that we had in our communities, and those were the concerns that were expressed by the residents of the area, so definitely, in my district I have a big population of senior citizens and a lot of child care services that need this assistance -- Vice Chairman Teele: All right. Commissioner Gonzalez: -- and then -- and whatever -- you know, if we have any money left after we distribute these monies, then I will address some other programs and issues, but the priority is the elderly and the childrens. Vice Chairman Teele: All right. Commissioner Sanchez. Commissioner Sanchez: My recommendation is based on the public hearing that we had in my district based on the needs of my district. Although we're faced with a 21 percent reduction, we find ourselves in a very tough situation because Tallahassee finds itself in almost in a $5,000,000,000 budget, and this is a tough time to be either a House rep (representative) or senator up in Tallahassee, but we realize that we represent the poorest city in the nation, and times are tough, and you do the best you can. I want to just add on what Commissioner Gonzalez says. If there is money left over or whatever, I think that, you know, it should be -- once again, the word here is "fairness," and cuts should be across the board to everybody because we realize that times are tough and we have to represent our constituents. Vice Chairman Teele: Commissioner Regalado. Commissioner Regalado: Thank you, Mr. Chairman. In the public hearing that we had several days ago we brought some numbers and figures, and the elderly population in Miami -Dade 86 March 27, 2003 County is larger than the elderly population in 18 states of the Union, 18. Only one county has more persons 65 and older than 18 states put all together in the United States, so I would have to agree that there is a need to set the priority as the elderly. Also, in the district hearing, economic development and persons with disabilities. Persons with disabilities is one of the issues that the City is dealing in another area now, so I would recommend that we open the window for persons with disabilities to apply also for this funding. Vice Chairman Teele: Now, we're talking about public services and -- Are you adding that as a third category? Commissioner Regalado: I am adding as a third category. Vice Chairman Teele: So the district Commissioner has -- you're District 4, right? You're 4? Commissioner Regalado: Yes, sir. Ms. Rodriguez: Right. Vice Chairman Teele: So adding elderly, child care, and disability -- persons with disabilities. As you know, Mr. Manager, we had again, perhaps, the most successful public hearing. We had well over 250 people that stayed there with your staff up until 10 p.m. In fact -- Ms. Rodriguez: 11. Vice Chairman Teele: 11 p.m. In fact, the bombing began while we were there, and I'm particularly gratified that a number of people from outside of the district there -- it goes without saying, you go to all of their meetings, but it was -- one thing is very clear, that the community very much would like to see more partnering with city park partnership programs, and so we would like to make that our number one priority, and that is, what we need to do is get our community-based organizations to be more engaged in our parks activities, and I think, given the tragedy of last night, it just again underscores the need to get more involvement. We -- government can't do it alone, and I think one way we can do a much better job with our parks is to get community-based organizations to partner with our parks. We do a good job, for example, with the Optimists in the areas that I represent. I know the Boys Club has done an outstanding job in Gwen Cherry Park in the County and unincorporated Dade County, and there are some other examples, but we could substantially leverage the use and the functionality of our parks by encouraging, and again, encouraging partnership. Again, District 5 is the poorest district, and we just don't have the advantages that Little Havana has as a direct example. We don't have the businesses that are -- can underwrite the kinds of activities that in a thriving and vibrant business community can be done. You know, we look hard and long for our sponsors, and so one of the main components of our sponsorship has to be CD (Community Development) dollars, and so we're looking at this as a partner, but again, it underscores, if you don't have a park, you're going to get left out. For 20 years this City has delivered our summer feeding program, lunch program and -- program in the summer through our Parks Department, and if you don't have a park in your neighborhood, you don't get those services, so again, it just underscores the need for all communities to have adequate services. With those adjustments -- 87 March 27, 2003 Ms. Rodriguez: If I can make -- ? We had a meeting with District 2 Commissioner, and on District 2 he would like to see proposals from every type of facet in public service, so he's not going to have a priority in District 2. He wants the record to reflect that, so for District 2 -- Vice Chairman Teele: There'll be no priorities. Ms. Rodriguez: There will not be. Vice Chairman Teele: It'll just be wide open. Ms. Rodriguez: It will be wide open. Vice Chairman Teele: -- OK, so we'll be deleting -- Ms. Rodriguez: Correct. Vice Chairman Teele: -- references in District 2. Ms. Rodriguez: Correct. Vice Chairman Teele: All right. With that, are there comments regarding the policies of the five districts that have been outlined? Mrs. -- Commissioner Sanchez: Mr. Chairman. Barbara, can you provide us with a list of all CD accounts that have a balance? Could you provide myself and the Commissioners -- Ms. Rodriguez: Yes, I can. Commissioner Sanchez: -- a list of that -- Ms. Rodriguez: Yes, I can. Commissioner Sanchez: -- of all accounts that have a balance, CD? Thank you. Ms. Rodriguez: Yes. Vice Chairman Teele: Are you saying activities or -- ? Commissioner Sanchez: I'm saying any money that's in CD accounts that's not being used. Ms. Rodriguez: Well, they've all been funded. They are -- they do have balances, but they've been funded. Commissioner Regalado: Let me ask you, if we were to approve these priorities, it means that, for instance, programs for disabilities could only apply through District 2 and 4 and not -- 88 March 27, 2003 Vice Chairman Teele: No. Commissioner Regalado: on -- ? Yes? Ms. Rodriguez: Yes. Commissioner Regalado: That's what she said. Barbara: Yes. The way this RFP and the way this resolution is saying is tell us what type of proposal you want to receive. From those proposals there will be a rating, there will be a process, and it will come to you June 24. The reason that we were assigning priority is taking consideration that you have a million seven dollars less to go around. It was determined that it was better upfront from now to tell the people what they will be able to apply instead of telling them in June, you might not have dollars to fund them. That will help agencies that are currently funded by the City to look out for other types of funding out there because we are in March and the contract runs in September 30. Vice Chairman Teele: Barbara, I respect what you're saying, but that's not my understanding, and I'm wrong, obviously -- Ms. Rodriguez: Yeah. Vice Chairman Teele: -- if both you and Commissioner Regalado have it. Last year what we did was we had pretty much an open process, like Commissioner Winton is saying, and then we did a reserve of "X" amount of dollars for projects of high priority. Ms. Rodriguez: No. Last year we opened it up to every agency to apply. We deleted certain agencies, such as we did not take proposal for job training. We did not take proposal for crime prevention. We did not accept proposal -- Vice Chairman Teele: We had -- District 5 had a reserve in which we did a supplemental. I thought this was a supplemental -- Ms. Rodriguez: Because when we came to funding, you made the reserve for your district. You were the only one that made a reserve when the public service funding came up to be. Now, just to give you an example, we received last year 200 proposals for $14,000,000, so public services - Vice Chairman Teele: And how much did you have available? Ms. Rodriguez: We had available last year 3.2, so now -- this year you have 1.7. You have a reduction of 46.1 percent, so what I'm saying to you that our -- the Administration feels that it's more fair if we know the priorities, and if certain people are not going to have funds. We're not going to have fund not even to fund the agencies we currently have within these priorities -- 89 March 27, 2003 Vice Chairman Teele: All right. Ms. Rodriguez: -- so now it's -- Vice Chairman Teele: Well, I stand corrected, and I -- again, if Commissioner Regalado's got it, you've got it; it's probably the way it's going, so thank you. The public hearing is open. Anyone who wants to talk about categories -- anyone who mentions the name of their organization is going to get a minus 10 points from their application. This is not about your organization. This is about the policy. Anyone who gets up and talks about their organization -- I'm only joking. I'm not evaluating -- Commissioner Sanchez: He's only kidding. Vice Chairman Teele: Feel free to come forward, but really, this is not the time to sell your particular community-based organization. This is the time to urge that policies be enhanced or inclusive or excluded. Please, come right forward. Is there anyone else, Madam Clerk, that asked to speak on this item? Priscilla A. Thompson (City Clerk): We have registered five on number 13, Helena Del Monte, Robert -- is it Ruand [sic]? -- from Regis House, Marylyn Alande from Tri -City Community, Lidia C. Lewis [sic] from De Hostos Senior Center. Those are the ones we have registered. Vice Chairman Teele: All right. The public hearing's open. We're talking now about the policy for public service funding. Yes, ma'am. Helena Del Monte: As you wish, Commissioner. I come to the podium now as a resident of the City of Miami. Helena Del Monte, 3680 Southwest 18th Terrace. As this day is knows for many years I have represented a very, very weak, fragile, and needed segment of our society, and that is the developmentally disabled. Disability, in itself, categorizes so, so many levels. When we talk about developmentally disabled, it is an intellectual impairment that is a condition. Once you are born with mental retardation, that condition will follow you until the day the Lord calls you, and it is the duty of all of us, the stronger in society, to do for these souls that are weaker in society. I do not want to be in your shoes -- it is such, such a hard year -- all of you Commissioners, Madam Director, but we need to find a quantifiable way of, perhaps, all of the agencies that have been receiving dollars from the City that we all pay a little bit of the price this year together, but do not abandon these adults that will forever be children. Thank you very much for your time. Mariano Cruz: OK. Mariano Cruz, 1227 Northwest 26 Street. I'm going to talking in policy. I am -- I attend different meetings. One, the people agree, the elderly, the young, I'm going to add, too, and I spoke about that, the programs in the park. The elderly important because a meal in an elderly building, they are -- I always wonder how come the federal government spend so much money on Medicare. You fall down, you got bad nutrition. They spend thousands of dollars to put you in a nursing home, in a hospital, but they won't now; they're cutting money to feed people or to deal with people (UNINTELLIGIBLE). It's not just eating there. It's a group therapy of the people interacting, playing dominos, seeing each other there. That's what is 90 March 27, 2003 important about this dollars they're going to cut. Because I understand the State is cutting all the money, and probably, most of the other federal money will be -- is being cut, too, but they don't spend that money, few dollars for meal on wheels, or whatever, it will prevent that person from going to a nursing home, and then we'll have to spend thousands of dollars for that care, and then the young people, the child care, good quality child care for the people to be able to work because most of the people, they got to have two salaries to buy a home. What sense to have affordable housing if you don't have the money to buy the house? Vice Chairman Teele All right. Mr. Cruz: You don't have a job, right, and the other one is the programs in the parks are being -- Vice Chairman Teele: The what? Mr. Cruz: The programs in the parks. Important because you know why there is not so much money spent in programs in the park? Because there is no money with the children. There's money in building prisons, more police, more this, more that, more that, no. Prevention programs. An ounce is worth a pound of cure. Go around there. You take one soccer ball and a few things, and with a few dollars, you have a program, but then that don't produce money or the special interest. You know, when somebody kills somebody, you have to have a expert witness testify, the psychiatrist, the business -- it's a big business in the law with (UNINTELLIGIBLE) that's what we need. Now they're going to put $122,000,000 in parks, in -- I mean, capital improvement. We need the program because for years, I remember, I got to take my children to Hialeah and pay a non-resident permit for them to be able to participate in programs because the City of Miami didn't have any programs at Comstock Park and that's wrong, that's wrong. We have to take care of everybody. With few dollars we can -- that's a long-term solution. Sure, common sense tells you, oh, you have to have more police and more jails and the 10-20 (UNINTELLIGIBLE), or whatever, but that's not the solution, that's not the solution. Thank you. Vice Chairman Teele: Is there anyone else on this item? If not, the public hearing -- go right ahead, ma'am. Marlene Arribas: Marlene Arribas, 5659 West Flagler Street. I'm here to talk about somebody that's always forgotten -- a part of our society that's always forgotten and that's our youth. As you can see by what I just gave you, Tallahassee is about to cut out over $80,000,000 on youth prevention programs and sending a lot of it back to the counties. We are going to have a terrible problem when these programs get eliminated, and somebody has to start thinking about our youth because they are our future, and we have some big problems with our youth in this county, especially in the Cit, so I would like you to think about prevention programs because if the state cuts them, then there'll be no place for our youth to go. Thank you. Vice Chairman Teele: Thank you very much. All right, the public hearing is -- sir, ma'am, if there's anyone else, please just line up here so we can keep it moving. If there's anyone else going to speak -- this will be our last speaker on this item. Thank you. Go right ahead, sir. 91 March 27, 2003 Robert Ruano: All right. Commissioners, my name is Robert Ruano, Regis House, 2010 Northwest 7th Street. I realize this is a very difficult year. I applaud the Commission and the Administration for making elderly and children a priority. I think they really are -- they are really our citizens that really need the most care. I wanted to ask a point of clarification, if I could, of child care. Is -- does that -- is that just day care services or does that include after- school programs and services that serve children? Ms. Rodriguez: It will include day care and it will include after-school. Mr. Ruano: After school, OK, great. It's very difficult to be up here and not just talk about my organization, but I just want to say thank you very much for the past funding, and if there is no funding for the coming year -- I realize this is a very difficult year -- as we have in the past, we will try to look for other ways to fund these very important programs. Thank you. Vice Chairman Teele: But you're with Regis. Mr. Ruano: Regis House, yes. Vice Chairman Teele: Would they be eligible under child care? Ms. Rodriguez: They have after-school program. They have a variety of programs that we fund them in the past -- Mr. Ruano: We -- Ms. Rodriguez: -- but they do have a after-school program. The other program that they have might not qualify -- Mr. Ruano: Yes. Ms. Rodriguez: -- but after-school, yes. Mr. Ruano: After-school and adolescent program for first-time offenders at -- you know, most of them are either first-time offenders or kids with conduct problems or substance abuse issues, and I don't know if they would be -- qualify under that, but -- Vice Chairman Teele: All right. Mr. Ruano: OK. Thank you. Vice Chairman Teele: Yes, ma'am. This is the last speaker on this item. Lidia Lemus: Good afternoon. My name is Lidia Lemus and I'm representing De Hostos Senior Center. We provide meals, recreation, transportation, and social services to the low-income elderly communities of Wynwood, Melrose, Allapattah, and surrounding areas. It is very important that we continue delivering these vital services to our elders since to most of them our 92 March 27, 2003 center is their only source of recreation, orientation and meals, perhaps even the closest thing they have to a family. In addition to the last mention, we would like to ask your cooperation with our home improvement programs for the elderly. We already have a commitment from OCED (Office Community and Economic Development), but there is a match that is needed from the City of Miami. According to the Department of Elderly Affairs, 85 percent of Florida homeowners are in the low-income elderly population -- Vice Chairman Teele: Another category. Ms. Rodriguez: That's another category. Vice Chairman Teele: OK. We're going to take that up in just one minute. Ms. Lemus: Oh, OK. Vice Chairman Teele: Let's just stay focused on -- Ms. Lemus: OK. Vice Chairman Teele: -- the public service. I think you said elderly -- Ms. Lemus: Elderly. Vice Chairman Teele: -- feeding and lunch -- Ms. Lemus: Meals, transportation, and social services recreation. In concluding, we would like to appeal to all of you in behalf of the elderly so that they can live a little happier, safer lives. Look at yourselves in the mirror and realize that one day you will be in the same predicament these folks are in right now. Imagine, how will it feel. Thank you. Vice Chairman Teele: All right. The public hearing is closed. Is there discussion? Is there a motion? Commissioner Sanchez: Motion, as amended. Vice Chairman Teele: A motion, as amended. Commissioner Regalado: Second. Vice Chairman Teele: Seconded, as amended. The only -- Commissioner Regalado: When -- Mr. Chairman, just to make sure. When you say as amended, it means that those categories that were added would only be able to apply in two district, is that the intent of this Board? 93 March 27, 2003 Ms. Rodriguez: The amendment will include adding the disability programs on District 4. It will also change District 2 priority to be open. Commissioner Regalado: And the other -- Vice Chairman Teele: Let me tell you. Commissioner Regalado: -- three districts will be closed for other categories, other than the priorities. I just want to understand that. Vice Chairman Teele: Yeah. Are you -- ? Commissioner Regalado: Yeah, I'm done. Vice Chairman Teele: Commissioner Regalado raises a very important issue, and I just want to advise you that I'm probably going to ask that there be a reserve at the end, before we make recommendations, of about 12 to 15 percent of District 5 because I think, while what we have done over the last five years is move this process forward -- I mean, we were funding everything and anything -- it may be a little too narrow, and I don't want to do what Commissioner Winton is doing, but he's sort of got the right idea, that maybe we may be engineering it too much without any discretion. I'm very much persuaded, based upon the public hearing, about the disability issue, and I also would like to understand better how Commissioner Winton is going to deal with Wynwood. You know, this is a situation where we cannot get caught in one -size -fits - all. Wynwood is sort of caught between District 2 and District 5, and while, as a matter of policy, I've worked hard to keep District 5 out of the elderly feeding program, I've worked very hard to keep them out of that program, there's a history in Wynwood that I have to have some responsibility for insuring that those programs that are going on are not unplugged, and I'm just as concerned about Wynwood as I am about Overtown or Model Cities. I represent a portion of it. Now, when you've got two Commissioners representing -- Commissioner Winton actually represents the majority of Wynwood, but I want to make sure that Wynwood doesn't fall through the crack, and that's really my main concern going forward. However, Mr. Manager, I want to make public one of the things that I've urged your assistant manager and director to do. This process needs a desk officer, a staff person who is assigned without regard to the subject matter to each of the five districts. In other words, right now everything is so compartmentalized in CD that if somebody picks up the phone and they call about something, they've got to get to the right church, the right pew, and probably even the right seat in the right pew to get the answer. I'm about to make a big mistake, and staff is not helping me, because the overwhelming consensus in my district, in addition to everything that we had agreed on, was that there should be money for the Haitian Bicentennial activities. You remember when -- ? Ms. Rodriguez: You basically requested that staff finds out if it can be paid with CDBG money, and that research is going on right now. Vice Chairman Teele: Well, I would like to make sure that that is included -- Ms. Rodriguez: OK. 94 March 27, 2003 Vice Chairman Teele: -- because this comes every 200 years, or every 100 years, and I can assure you, if this were another country's 200 year celebration, like America, we would all be doing things to celebrate that, and so that was the category that a number of people got up and spoke, at least 10 people, and then we even asked for a show of hands and it was unanimous -- Ms. Rodriguez: Correct. Vice Chairman Teele: -- so it's community -- you know, we need to make sure that the thoughts of these public hearings are captured, and I fully accept responsibility, so if you would allow it as an amendment to District 5, that is, the Bicentennial activities of Little Haiti -- of Haiti that are eligible in your motion, Commissioner Sanchez? Commissioner Sanchez: The question is, is it eligible? Ms. Rodriguez: We are doing the research for it. Vice Chairman Teele: It's eligible. Ms. Rodriguez: Correct. Vice Chairman Teele: Will you allow that in your motion? Commissioner Sanchez: Yes, sir. Vice Chairman Teele: All right. Commissioner Gonzalez: Mr. Chairman? Vice Chairman Teele: Yes, sir. Commissioner Gonzalez: Madam Director, the fact that we may have priorities doesn't mean that once we cover our priorities or once the funds have been assigned to each district, we will have the option of applying the monies. Once we cover our priorities, if we have any money left, then we can distribute the balance in any organization that does social services, right? Ms. Rodriguez: In public service, just to give you an idea, your district is being reduced 55.5 percent in funding -- Commissioner Gonzalez: I understand. Ms. Rodriguez: -- so you're going to have only $279,000 going out for an RFP, which, if you just consider the meal program in your district and child care -- I don't want to, you know, lift your faith and say that you're going to have a lot of money -- Commissioner Gonzalez: I know -- 95 March 27, 2003 Ms. Rodriguez: --later on. Commissioner Gonzalez: -- exactly -- believe me, that I know exactly what's going on and I understand exactly what you're saying. Allapattah Community Action Center, they're going to be suffering a drastic and dramatic cut from the funds that they get from the State, and the director has already been notified, and they serve about 400 or 500 meals daily, so that means that probably half of the senior citizens that go to that center are not going to be able to eat next year. Vice Chairman Teele: All right. On the motion, all those in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All those opposed have the same right. The item is unanimously adopted. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-276 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ADOPTING THE ATTACHED POLICIES RELATING TO THE PUBLIC SERVICES CATEGORY OF THE 29TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton 96 March 27, 2003 15. ADOPT 29TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FUNDS POLICY FOR ECONOMIC DEVELOPMENT ACTIVITIES. Vice Chairman Teele: Item number 14. Barbara Rodriguez (Director, Department of Community Development): OK. Item number 14 is, again, policy decision, but this one deals with economic development. Again, it's district driven. On this one we would like to make a change. One of the parts of this resolution is that we want to start a pilot project. It's going to be administered by the City of Miami Department of Economic Development. There are two areas that are being identified here that we would like to make a modification to it. The number one is Martin Luther King Boulevard. We want that one from Biscayne Boulevard to Northwest 19th Avenue, and we would like to make the other modification is Southwest 8th Street from 37th Avenue to I-95. This pilot program is a program that the Department of Economic Development is working on. It's going to have match from the County. We will be coming back to you with some policy guidance as to what is entailed. We're looking for a two -to -one ratio funded by the County. It's still in the negotiation stage. It will provide loans to businesses up to $50,000. We're planning to put an allocation of $500,000 in that -- in those two pilot project combined with a million dollars from the County. We will be back June 24 with the policy guidance of how much did we get in leverage, what will entail. We're just identifying the areas. The rest of the dollars, which is a million five, will be distributed among the districts, and in the same way, priorities. For priority for District 1 we're looking for commercial facade; for District 2, commercial facade and for infrastructure; District 3, commercial facade and business loans; District 4, commercial facade and business loan; District 5, infrastructure and business loans. These are the priorities that we are recommending in this resolution, and it's a policy decision item. Vice Chairman Teele: All right. I just want to make one thing very clear. This issue that is coming very fast is the ADA (Americans with Disabilities Act) compliance. The facade programs are going to be severely constrained based on the new HUD (Department of Housing and Urban Development) interpretations relating to ADA, so I think -- and I'm not trying to ask anybody to put something -- but I think the only way facades are going to be approved is you do facade -- Commissioner Gonzalez: Code compliance. Vice Chairman Teele: -- ADA. Commissioner Gonzalez: Code compliance. Vice Chairman Teele -- or code compliance. Ms. Rodriguez: Right. Vice Chairman Teele: Because you know, you can't do facade improvements anymore -- Angel, you're the expert -- 97 March 27, 2003 Commissioner Gonzalez: Yes, sir. Vice Chairman Teele: -- if you don't -- if the building doesn't deal with the ADA issue, am I correct? Commissioner Gonzalez: You're correct, and what I suggest -- well, at least what I will drive in my district -- in the CBO (Community -Based Organization) in my district is to make sure that they do code compliance in order to bring the businesses that are not to code to bring them up to code with the ADA requirements in order for them to get the facade and assessments afterwards. Vice Chairman Teele: All right. Let's go down the -- Commissioner Regalado: Mr. Chairman. Vice Chairman Teele: -- let's just go down the line -- hold on -- and let each Commissioner make any changes on the areas that have been listed, starting with you, Commissioner Regalado. Commissioner Regalado: No. I just -- first, I want to that I thank the Administration for amending this pilot program from 27 to 37 because it is important that the merchants in -- between 27th and 37th do not feel disenfranchised, abandoned, and we have to realize that these are the only areas in the City of Miami where we have both sides of the street, Southwest 8th Street; after 37th, then it's only the north side, and it's West Miami, Unincorporated Coral Gables, et cetera. The second thing I want to say is that the facade program has been something that has been a success. The merchants are very happy with the facade program. We have seen in Allapattah, in West Little Havana, and East Little Havana an enthusiasm by the merchants, but we have a problem, and the City of Miami is at fault in this problem. I have some colleagues that are about to open a theatre in Southwest 8th Street, on a television studio in Southwest 8th Street close to Brickell, in Joe's district, and they went to downtown -- Miami downtown. Josie is there, and she did all the paperwork. She did everything; all the application because they needed a sign to announce their place and all, and the show time and all that, and this is stuck in the City because according to somebody, I don't know, the City does not have somebody who can certify this building in compliance because it's a building that is older than 40 years or 50 years. It's sort of a historic -- Ms. Rodriguez: Fifty years. Commissioner Regalado: -- thing. Now, I have found out that we have like 30 or 40 -- Ms. Rodriguez: Fifty-three. Commissioner Regalado: -- or 50 of these cases, and you know what? They're calling me at least three or four have done that, saying "Well, you guys in the city offer something," and you know, it happened. It doesn't happen because, you know, the government promises and the government does not deliver. This is wrong. This is -- and, you know, if we promise something, we put our names and the City's name, we gotta deliver. 98 March 27, 2003 Ms. Rodriguez: Commissioner, you're totally correct that the system has taken long. As you know, the last year the City had a -- an issue with HUD due to environmental studies. As part of the environmental study, one piece is historic preservation. The biggest problem that Josie has is that she does have 53 buildings that have requested assistance. Tomorrow there's a gentleman coming down. Because the problem that the City has is that we cannot sign off on it; it goes to the State. Commissioner Regalado: Excuse me. Ms. Rodriguez: We are -- they are coming tomorrow to see how we can streamline the system, so we've gone through a training; it has been very slow. I'm not going to tell you that it has not. We are working on it to achieve that being possible. Commissioner Regalado: Well, how come other cities have somebody who is certified to sign? Ms. Rodriguez: We are working with the Planning Department -- the Mayor's office is also got involved -- to see how we do an interlocal with the State and become a certified representative so that we could do it inside. The State has said that that process will take approximately a year. However, they are willing to sit and find out ways to do it better. They are scheduled to be tomorrow at my office, so we hope to come up with procedures that will expedite the process, but it is correct, it's taken long. The City went through training on it. We were stopped last year from doing these things, and I think it was a learning curve, but we are working on it, and I hope to move them faster. Commissioner Regalado: But isn't anybody who is certified -- Ms. Rodriguez: No. Commissioner Regalado: -- like other cities that can sign on? Ms. Rodriguez: It's not the issue of being certified. You have to have an interlocal agreement with the State so that a person that they certify at the city level -- I would feel very comfortable that we do have that person, so now we're in the process of negotiating an agreement to see how can that be possible, so we are on talks with them. Hopefully, tomorrow they'll come up with ideas to expedite the process. Commissioner Regalado: OK, thank you. Mr. Chairman, I'm done on this item. Commissioner Sanchez: Mr. Chairman, I would like to amend mine to include it has commercial facade, business loan, and ADA compliance. Vice Chairman Teele: Without objection. We don't have a motion on this yet, do we? Without objection. Commissioner Sanchez: If there's no further debate -- 99 March 27, 2003 Vice Chairman Teele: Commissioner Regalado, you amended yours, right? Commissioner Regalado: Yes. Vice Chairman Teele: Commissioner Sanchez, Commissioner -- Commissioner Regalado: Well, actually, I didn't amend mine. I just supported the amendment of the Administration. Commissioner Sanchez: I would like to include in mine ADA compliance. Commissioner Gonzalez: Actually, as was stated by Vice Chairman Teele, in order to do a facade, the business has to be -- Ms. Rodriguez: In compliance. Commissioner Gonzalez: -- ADA approved, so it's going to be an automatic. The only thing is that aside from the funding for facade, for project money, we're going to need to have a certain amount of project money to do ADA compliance, but to do code compliance, you know -- Ms. Rodriguez: Right. Commissioner Gonzalez: -- we're going to need to double funding. Commissioner Sanchez: Other funding. Commissioner Gonzalez: Huh? Commissioner Sanchez: Other funding. Commissioner Gonzalez: Or other fund, right. Vice Chairman Teele: Further changes? I would like to change from the business loan to code compliance/business loan. Commissioner Gonzalez: Right. Vice Chairman Teele: Again, you cannot do a business loan under this if you don't get the full code -- the full ADA -- Ms. Rodriguez: Correct. Vice Chairman Teele: -- compliance on this thing, so code compliance -- ADA -- code compliance or, specifically, ADA is going to drive this whole program -- Commissioner Gonzalez: Right. 100 March 27, 2003 Vice Chairman Teele: -- in the future. That's the new -- Ms. Rodriguez: Correct. Vice Chairman Teele: -- sheriff in town. All right. Commissioner Gonzalez: OK, so -- I'm ready to move 14 -- Vice Chairman Teele: No, no. Commissioner Gonzalez: --Mr. Chairman. Vice Chairman Teele: We got to -- Ms. Rodriguez: It's a public hearing. Vice Chairman Teele: -- have a public hearing. Ms. Rodriguez: It's a public hearing. Vice Chairman Teele: Public hearing. Commissioner Gonzalez: Oh, I'm sorry. Vice Chairman Teele: Madam Clerk. Priscilla A. Thompson (City Clerk): We have signed up, is it Mirlande Allende from Tri -City Community. Vice Chairman Teele: Anyone else? All right. The Tri -City's representative, please? Anyone else that would like to be heard on Item 14, now is the time to do so. Mirlande, are you coming forward? No? Ms. Rodriguez: She's going to do it for Item 15. Vice Chairman Teele: All right, fine. There are no persons coming forward. There are no persons coming forward. There are no persons coming forward. The public hearing is closed. Mr. Attorney -- I mean, Mr. -- Commissioner Sanchez: So move, as amended. Commissioner Gonzalez: Second. Vice Chairman Teele: Move, second. Is there objection? All in favor, say "aye." 101 March 27, 2003 The Commission (Collectively): Aye. Vice Chairman Teele: All opposed, say "nay." The item is unanimously adopted. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-277 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ADOPTING THE ATTACHED POLICIES RELATING TO THE ECONOMIC DEVELOPMENT CATEGORY OF THE 29TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton 16. ADOPT 29TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS POLICIES FOR HOUSING DEVELOPMENT CATEGORY AND HOMEOWNERSHIP ACTIVITIES FUNDED BY HOME INVESTMENT PARTNERSHIPS PROGRAM. Vice Chairman Teele: Item 15. Barbara Rodriguez (Director, Community Development): Number 15 is another policy decision. This has to do with housing development. We are fund -- the total funding here is two million - three -six hundred, on CDBG (Community Development Block Grant). Commissioner Regalado: How much? Ms. Rodriguez: Two million -three -six hundred in CDBG; three point eight -five -five -six -eighty- five in HOME (Home Investment Partnership), for a total allocation of five million, eight hundred and fifty-nine thousand, two hundred and eighty-five dollars ($5,859,285). A hundred percent of this funding is recommended for projects that deal with homeownership. We would no longer fund housing administration, as we've done in the past. However, we will be funding developer fees, project development, as long as the non-profit group has a developer, a project in mind, so basically, the way it would work, you would come in. You would tell us the project. We will do benchmarks and you will have to achieve the benchmark in order for you to get the 102 March 27, 2003 dollars. The RFP (Request for Proposals) is going to be very global, meaning that you will be able to apply for a variety of services. It's going to be -- the priorities will be district driven. District 1 will have down payment assistance, second mortgage, new construction. District 2, new construction, homeownership, down payment assistance, second mortgages. District 3 will have down payment assistance, second mortgages, multi -family rehab, new construction. District 4 will have multi -family rehab. It will have down payment assistance, second mortgage, new construction. District 5 will have down payment assistance, second mortgages, new construction, homeownership. The second part of this resolution includes two things. One is that in 1998, there was a resolution that passed by this City Commission that basically said that there was a leverage requirement, five to one on rental projects, three to one in homeownership projects. This will continue in this resolution. There is also a maximum funding for eligible home, will be twenty-five thousand dollars ($25,000). Vice Chairman Teele: Has that changed? Ms. Rodriguez: This is the same thing you approved for the SHIP (State Housing Initiatives Partnership) Program when it came here around six months ago. This is what -- the State program that you approved for. It's less than the one that we had two years ago, which was forty thousand dollars ($40,000). These are loans that will be payable at the -- Vice Chairman Teele: May I ask why did we reduce the amount? Ms. Rodriguez: When we did the SHIP Program, it was determined by this Commission that twenty-five thousand dollars ($25,000) was a substantial amount of money for rehab, and that was the same system that was used for second mortgage. At that same Commission, Commissioner Winton brought up the issue that these loans should be payable, to start like a revolving loan, to be able to make it happen in the future, so last year, in June, these -- the program guidelines were basically changed. These loans are being recommended at this time that they will be payable at time of sale, in the event that the property is leased or rented, and the terms of the loan will be basically, the interest rate will depend on the income. If you're 50 to 55 percent, it will be a loan of 15 years and zero percent interest. If your income is 55 to 60 percent of income, it's up to 15 years and you will pay one percent of interest, and if it's 61 to 70 percent of median income, it will be 15 years and two percent will be your interest rate. At the Commissioner Gonzalez public hearing, there was a comment and a request that the leverage requirement for homeownership be dropped, instead of three point three to one, be two to one. The Commissioner has requested that the administration take that in consideration, and we have, and we recommend that it is true, it is harder for homeownership, so we are recommending that amendment to this resolution. Commissioner Gonzalez: Mr. Chairman, there was -- I think it was in 1998 or 1997/1998, there was a discussion in reference to the leverage on homeownership projects. What happens is that when a community-based organization gets involved in building affordable housing, especially homeownership, which is mostly what the CBOs (Community -Based Organizations) do, it's very difficult, it's very difficult to work on a ratio of three to one. Usually, the way that it was done -- and as you know, I was doing this for many years -- it was on a ratio of two to one. The City come up with a pot of funding, the County will come up with an equal part, and then the private 103 March 27, 2003 banking industry will come up with the balance, so it was a three to one -- it was a two to one funding used in these projects, and based on my experience on doing these developments -- you don't know the hardship that we went through in order to be able to complete Ralph Plaza 1, and now, I know the agency is going through a real, real tough time in order to get financing to complete the financing to do Ralph Plaza 2, so if we are moving forward with building homeownership housing which actually provide a stake of people in the community, people feel part of the community, because they own their homes and that helps improve every neighborhood. If it's going to be done through CBOs, community-based organizations and CDC (Community Development Corporation), I believe the only way these agencies are going to be able to do these projects and complete these projects will be on a two to one ratio. Commissioner Regalado: Mr. Chairman. Vice Chairman Teele: I couldn't agree with you more. Before you do, I just -- Commissioner Gonzalez: And if you'd forgive me, I remember Ralph Packingham and Reverend Dunn, and I worked with them, you know, and tried to assist them, and I know they went through real, real rough times in order to complete their projects, and thank God -- you know, Ralph passed away, but we -- you know, but he saw his project completed, but he really suffered a lot, because I remember that we had conversations late at night, and he was going crazy, you know, trying to get this project completed. Vice Chairman Teele: Commissioner Regalado. Commissioner Regalado: Mr. Chairman, members of the Commission, I think all of you -- I have attended in the past three or four years to several ground breakings, and grand opening of buildings in Commissioner Sanchez' district, in Commissioner Gonzalez, and Commissioner Teele and Commissioner Winton, but I will bet you anything that you have never attended a ground breaking inauguration or opening of a HUD (Department of Housing and Urban Development) building in District 4, because there aren't any, and my question to you, Barbara, is, is this first come/first served, in terms of the money? Ms. Rodriguez: This resolution does that. It's going to be basically on projects, and the projects will have certain leverage requirements, some financing, which is one of the issues that was brought up at your public hearing, was that because projects are not available in District 4, then District 4 is not getting housing dollars, so one of the recommendations that was made at your public hearing was that a set aside portion be directed to District 4 so that we could develop a pilot project for District 4 to get developers to come into the area, or to get rehab work in the area of District 4, so that was some of the recommendations that were brought up at your public hearing, Commissioner. Commissioner Regalado: And let me tell you, I am sure that if we seek rehab programs, there will be a lot, because there are many, many buildings in dire need of repairs in District 4, so I would like to amend this to set aside some funds for District 4 to establish, actually, the Housing Development Pilot Project Reserve Fund in District 4. That would be my amendment to -- 104 March 27, 2003 Vice Chairman Teele: There is no motion on the floor right now, so it's adopted without objection. Commissioner Regalado: Right. Vice Chairman Teele: OK. Can we get to the public hearing on this item, perhaps? Have we had it? All right. This is a public hearing on Item Number 15, please. Madam Clerk, would you read the names of the people? Priscilla A. Thompson (City Clerk): We do have the tri -City Community representative; a Mr. Diaz, from CODEC (Community Development Corporation); Ms. Ann Manning, from Habitat for Humanity and Mr. Mariano Cruz. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I am going to ask some questions that nobody asked. Ms. Rodriguez, when is it that the money for administration will be finished? In this year or next year? Ms. Rodriguez: I don't understand. Mr. Cruz: The administration money, the money going to the CBO for administration. Ms. Rodriguez: Well, there is no housing administration. That's number one. There is housing development funds that non-profit will be able to use, as long as they have a project, and it will be a benchmark system, which is the same thing that we were able to change this year. You make a benchmark, you get dollars. You don't make the benchmark, you don't get dollars. Mr. Cruz: That's something, because I've seen for years and years, people come here and, oh, we planning this, and we going to do a hotel, we going to do this, and nothing ever get done. Nobody shows me documentation that something tangible is being done. I want to see. At least I can say I have a record. They got a record of doing something, housing is there, but all these people that being CBO, they been getting the money for salaries for years and years. I think they should show something, I mean, something. Vice Chairman Teele: All right. That's what she said she's going to do. Ms. Manning. Anne Manning: Anne Manning, 2641 Southwest 30th Court. Vice Chairman Teele: Speak up a little, Anne, please. Ms. Manning: OK. Let me get that higher. Vice Chairman Teele: Yeah, there you go. Ms. Manning: Our request is in regards to the homeownership assistance program, the second mortgage program, that the amount of the subsidy would be increased at least to thirty thousand per unit. We would also ask that payment would not be payable, but would be deferred. Unlike, 105 March 27, 2003 I think, the SHIP program is being now, it's payable back. Particularly, we work with homeowners that are earning less than 60 percent of the AMI, and working in very difficult neighborhoods, and getting people to invest in those neighborhoods, and working with the poor, we would ask that special consideration would be made, and change the guidelines of the program. Vice Chairman Teele: All right. You're requesting -- very fair. Let me see if I understand. It was my understanding that the pay back is only triggered under three or four circumstances. You sell the unit, you lease the unit -- what was the other? Ms. Rodriguez: Well, at that time, you pay everything back, if you lease the unit or you sell the unit. Vice Chairman Teele: But let's say someone moves in and they don't do anything but be a model -- Ms. Rodriguez: They do pay. They pay the loan. If you are 50 to 55 percent, you pay with zero interest. If you're 55 to 60, it's one percent. If it's 61 to 70, it's two percent. Ms. Manning: So in all those situations, the homeowners are paying something, either -- Ms. Rodriguez: Correct. Ms. Manning: -- on principal, at zero, or principal at one percent, where it has been deferred. There has been no payment on that second mortgage program. Ms. Rodriguez: Habitat was grand -fathered in. They have still not been under these new guidelines, because they had a commitment from the administration, and this Commission, with the houses that they were building at that time. What Anne is saying, that now, due to the new change that took place last year, the new houses will be impacted by these guidelines. Also, she was grand -fathered at $40,000, and now it's going down at $25,000. Vice Chairman Teele: Well, that raises a few questions in my mind. Number one, someone who's building houses without the benefit of public dollars for administration, have none of the other grant support, don't you think there should be an incentive for those? Otherwise, if we have -- We still give housing CDC's an annual allocation of money, right? Ms. Rodriguez: Again, in her case -- Vice Chairman Teele: No, no, no. Answer my question. Ms. Rodriguez: We don't do housing administration. We do benchmarks for projects. In the case of Habitat, we give her an allocation for impact fees and permits. Vice Chairman Teele: Impact fees and permits. Does she get a benchmark? 106 March 27, 2003 Ms. Rodriguez: Every time that she has to pay a permit or an impact fee, she draws down from those dollars. Vice Chairman Teele: This has been my philosophical objection to this program as long as I've been in government. A developer comes in, builds a house in a very difficult area, goes out and finds a homeowner, potential homeowner who meets all of the federal criteria, and the federal criteria is basically making -- what's the salary, Anne? Ms. Manning: Well, I think for home, it's under 80 percent AMI, and we're building below that. Vice Chairman Teele: So what does that refer to in dollars, roughly? Ms. Manning: Twenty thousand for a family of four. Vice Chairman Teele: OK, so we're talking about people making $20,000 for a family of four, with credit. It just seems to me that we would try to encourage those people, one; and we would encourage the developers to come in and sell houses to those people. Ms. Rodriguez: Commissioner, administration supports what you're saying. I can tell you that if it wasn't because of some developers that are tapping in now to down payment assistance with the policies of prior -- the commitment made and the changes last year -- the City would have problems spending the homeownership dollars, so I can tell you we do -- This was an item that was discussed heavily by this Commission, and Commissioner Winton was the one that sponsored that resolution that basically stated that we should start collecting money to look for the future and make sure that there was a revolving -- to continue to providing loans to additional homeowners. Vice Chairman Teele: Well, I, for one, would like to ask that this item be brought back for another discussion when Commissioner Winton is here, because I want to know two things: One, the future is now. That's what Vince Lombardi used to always say. When they asked him why was he always getting all these old has-beens and not getting these young jocks out of college, he says, the future is now. I got to win next year, not ten years from now, and that's number one. The future really is now for people trying to get their homes. Ms. Rodriguez: I agree. Vice Chairman Teele: And number two, Commissioner Winton's district represents 45 to 50 percent of the total tax base of the City. It is -- his district is more affluent than the other four districts combined, simply stated. Now, I mean, he's not here, and I respect him as a developer, but what I'm saying is what works in Upper Eastside and Coconut Grove and Brickell may not work so well in Wynwood and Little Haiti, and I don't know that I want to agree with that philosophy now that I see it, and specifically, I believe the developers who come in and get no government money should be given some kind of carrot or benefit -- not to the developer but to the homeowner who's buying the home, and so if a developer can come into the community, compete with the CDC's and provide a product, you know, without any government money, that homeowner should be able to get a loan of -- if everybody else is getting twenty-five, there ought 107 March 27, 2003 to be a bonus for that. If you put bonuses, you'll have people coming in, and all that I'm saying is we ought to look at a carrot to get developers to come in, as opposed to trying to subsidize CDC's to do what the marketplace may be able to do. Ms. Rodriguez: I agree. Vice Chairman Teele: So could we have that discussion when Commissioner -- Ms. Rodriguez: Can we -- Vice Chairman Teele: We'll approve this now. Ms. Rodriguez: And then come back for more policy decision. Vice Chairman Teele: And come back and have that discussion. Ms. Rodriguez: I think that's -- Ms. Thompson: Is that fair, Ms. Manning? Ms. Manning: Yeah. I would appreciate it. Yes. Vice Chairman Teele: And your minimum is -- what you all are saying, Habitat is saying, for your program to work, twenty-five is too low? You'd rather see thirty, but forty would be ideal? Ms. Manning: Even thirty is fine. I'm sure the families would appreciate forty, and it does make it very affordable for them. At 40 percent, some families are still paying over 30 percent of their income to the mortgage, and that's standard in the industry, but we believe for the very poor, they have other expenses to be concerned with. Health insurance, the poor don't have that. They have medical costs. They have transportation costs that other people don't have and that's -- Vice Chairman Teele: Would you put on the record again the range of salaries of families of four that we're talking about? So that the public understands, we're not talking about people making forty, fifty or sixty thousand. Ms. Manning: We're definitely not, and you probably have the exact number. Ms. Rodriguez: It's twenty $26,000 for a family of four. Vice Chairman Teele: That's the upper limit? Ms. Rodriguez: Yes. Ms. Manning: That's 50 percent of AMI? Or is that 80? Ms. Rodriguez: Let me see. I just had it. 108 March 27, 2003 Commissioner Gonzalez: Those are exactly the same people that apply and that have purchased units that were built by Allapattah Business Development at Fern Isles Garden -- I'm sorry, at -- yeah -- Fern Isles Garden Condominiums and at Ralph Plaza 1. People that make -- families that make $12,000 a year, $14,000 a year, and they are going to be paying the first mortgage on the first eleven years, and then they're going to pay the surtax mortgage on the second 18 or 19 years of the mortgage, so you know -- and actually, let me tell you, when you provide to poor families -- and this is poor families. These are people that live in Allapattah, OK? It's not -- we're not talking about people that live in the Grove or in the Gables. This is working family, very, very low income families, and when you sell these families a town home, three bedroom, two bath, totally equipped for $70,000, and they'd be paying, between the mortgage and the maintenance fee, they will be paying $400 a month, let me tell you, that's a bargain, because actually, there is no place in Miami -- Just one single bedroom in Miami costs you $400 today. Just one room -- Ms. Rodriguez: Commissioner I -- Commissioner Gonzalez: -- just to go to sleep, so you know, they're already getting a real, real big advantage and a real, real help in these projects. Ms. Rodriguez: Let me give you the income I have exactly here. At 30 percent of median income, four people, is $14,450. At 50 percent, it's $24,100, and 70 percent is $38,550 for a family of four. Vice Chairman Teele: What number applies? Ms. Rodriguez: If you're doing CDBG, it's 70 percent. If it's HOME, it's 80, which gives you a little bit more, but usually, Habitat deals with the 50 percent range. What you're talking about is $24,100 for a family of four. Vice Chairman Teele: You know, if anybody's got credit at $24,000 a year, supporting four people, I can't see that we ought to hit them for a mortgage, a second mortgage and make them pay it when, in fact, we've never -- It's not our money. It's government. It's just -- talk about quality of life. It's just -- I mean, that's penny wise and pound foolish, in my opinion. Ms. Manning: We agree. Ms. Rodriguez: We agree. Vice Chairman Teele: But, I mean, there's a logic in laying up something for future programs. Further discussion. Public hearing is going on. Yes, ma'am. Tri -City. Mirlande Allende: Good afternoon. How are you doing? My name is Mirlande Allende, and I'm representing Tri -City Community Association. We're located at 5800 Northwest 7 t Avenue. Tri -City Community Association has been in existence for 27 years, and we have been focusing a lot on rehab, home rehab, single family rehab, job training, so if anybody knows about the experiences in all the districts about the individuals who need services, it's Tri -City. We 109 March 27, 2003 focus a lot on the elderly, the handicapped, low to moderate income individuals. I don't condone new affordable housing, but you got -- think about this, and about the elderly, who's 75 years old, and they been in their residence for about 20 years. We can't tell them, oh, there's an opportunity to buy a new home, when they're living by paycheck by paycheck, don't know whether money is coming next month, and they don't know what to do with their bills. We have serviced a lot of homes where we do carpentry work, we do roofing, we do windows, and all this service is for free, and how we do it, we partnership with other organizations and have a job training component, which I won't go any further with that, but please, you need to remember them. We have a list right now. We were funded by the City of Miami for eight years, and we were not refunded at 2001, due to the fact that the staff of Development said that they had the same program, and so they can do it them self, but people are still calling our office. We have a list of a hundred of people of the residents of City of Miami that needs our help. We service homes right now that we can go in there, you can paint their homes, we can fix the windows, and they have -- and we're looking up, and you see big holes on their roof, and they're living in that particular conditions. We cannot forget those people, and that's the elderly and the handicapped, and with your support and the funds, we want to continue to do the same service. Any questions for me? Vice Chairman Teele: Such an intelligent argument, I got to tell you. Commissioner Gonzalez: Mr. Chairman I -- Vice Chairman Teele: If she's right, if she's right that we discontinued that program so that we could inflict that program that we've inflicted on the public, we not only owe them an apology, we should be rushing them to the front like the 173rd just rushed in today. We should be parachuting you all into Model City. Ms. Rodriguez: It is a correct statement. Vice Chairman Teele: Given what we've got, I mean, we've got a holy mess on our hands with that repair program. Commissioner Gonzalez. Commissioner Gonzalez: I support a hundred percent what the lady is saying, because I served on the Tri -City Board of Directors for three consecutive years, and I was their Vice President, and I know exactly the kind of work that they do in the community, so you know, I don't know what we'll be able to do this year as far as providing some funding for -- I think what you were getting was administrative funds, right? Ms. Allende: And also, we were also getting administrative funds and also for the program, itself, programmatic. Commissioner Gonzalez: And we used to get funding from the County, too. Ms. Allende: I am still funded by the County. They support us. Commissioner Gonzalez: All right. 110 March 27, 2003 Vice Chairman Teele: Madam Director, how -- I'm going to ask by separate motion that you all bring this item back, but I'd like for you all to meet and design it, so we have an option, because the truth of the matter is you know and the public knows that the home repair program that the City took in-house did not work. We still have any number of problems with it. Ms. Rodriguez: Correct. Vice Chairman Teele: And I remember vaguely this program being cancelled because we could do it ourselves. What I don't want to do is legislate a program today that we've not sat down and talked through on how the benchmarks are going to be, and whether or not the program, in effect, could be a grant to the homeowner -- do you follow what I'm saying? -- with Tri -City basically being like the construction manager kind of thing and bringing in the services, because that was the way this program used to be run, and if you would look at it like a homeownership program, the grant goes to the citizen, not to the agency, and then they get a fee from the grant to administer it. Do you follow what I'm saying? I would be very supportive of that, and even eliminating -- Ms. Allende: I would, too. Vice Chairman Teele: -- and eliminating home -- new construction, because when you recognize that Model City Homeownership Trust is going to be doing new construction, it would seem to me that the void would be in maintaining the existing stock. Ms. Rodriguez: I'll be more than glad to meet with Tri -City. Ms. Allende: OK. Thank you. Vice Chairman Teele: OK. Further discussion on the item? Public hearing process works. Guariano Diaz: Good afternoon, Commissioners. My name is Guariano Diaz. I'm the President of CODEC (Community Development Corporation), and I would like to ask you all, determine priorities that you would consider projects that, in your own words, Commissioner, bring partners to the City, bring underwriter of projects and bring a considerable influx of federal dollars with no strings attached, as well as projects that leverage significant amounts of money for the City of Miami, and I'd like to give you an extreme example, extreme in a very positive sense that has been brought upon by the organization I represent. In the last 12 years, to give you an example of what is possible, CODEC has brought to the City of Miami a total of $45 million, exactly $45,033,775 in funds for land, construction and design. This is totally funds that are not attached to any other condition, other than the success of the project. In terms of rental assistance for the next 20 years, we have brought another forty-two million, two hundred thousand dollars and change. That means that by building seven buildings with a total of 705 new units, we have brought to the City of Miami a total of $87,248,000. That means $87,248,000 that have come to benefit more than 700 low income seniors that live in the City of Miami in these seven buildings, all in districts of several of you Commissioners, but one of the most important things about these funds is not only that they bring a partnership, that they bring 111 March 27, 2003 influx of dollars from the federal government, that it doesn't require anything else from the City of Miami, but also the human aspect of it. In these buildings that CODEC has constructed, senior citizens only pay 30 percent of their income, which means that they are going to have a guarantee of living a decent life without having to make hard choices of paying the rent, and having a telephone or things of that sort, or perhaps deciding what food they're going to eat. They are buildings that, in addition to that, because they're brand new, because they are well kept -- and I know that some of you have visited our buildings. I hope that those of you that haven't will soon. These are buildings that anybody that comes in wonders, how come construction like this is possible for low-income individuals? Because they are typical of middle and upper income persons, so they are also a focus of development for the City of Miami, in addition to everything else, so I ask you that you will consider from both the financial and the human aspect of this and all the benefits that it brings to the City of Miami projects -- and this will be a criteria in your determining which projects get funded, under what conditions -- that bring factors that some of you mentioned today, particularly Commissioner Teele. Those are, they bring funds from maybe private, maybe federal government to the City of Miami, and they have a demonstrated ability to provide a decent life to the citizens of the City of Miami. Thank you very much, Commissioners. Vice Chairman Teele: Thank you for your thoughtful presentation. One of the challenges is we -- this Commission directed that there be a housing summit, and again, we're right back to trying to rationalize and make sense out of a much more complex problem an opportunity than time allow us, and quite candidly, expertise, and you make -- the point you make is very intelligent. I mean, how do you argue with somebody who's brought the kind of money that CODEC has brought? And there should be carrots, benefits, incentives, but unfortunately, we're in a straightjacket, because we haven't really gotten the kind of policy input on this very complex area, and that summit was supposed to have been held in July of last year. Ms. Rodriguez: It didn't happen. It starts on Monday. There is the first meeting of the housing summit that is being chaired by Commissioner Winton, and the County and the State will be coming over, also. Vice Chairman Teele: I know that Commissioner Regalado had expressed an interest in going to that. I would hope -- Ms. Rodriguez: OK. Patrick Range is handling it from Commissioner Winton's office. I'll be more than glad to let him know. Vice Chairman Teele: They say it starts this Monday. Commissioner Regalado: And? Can we get -- Vice Chairman Teele: I just said you had expressed an interest a year ago -- Commissioner Regalado: Yeah. Vice Chairman Teele: -- in participating. 112 March 27, 2003 Commissioner Regalado: Yeah, I would like to go. Ms. Rodriguez: I will let Patrick Range from Commissioner Winton's office -- they're organizing the summit, the meeting on the summit. Commissioner Regalado: How does it work? Ms. Rodriguez: Well, the meetings will start. It's the first one that will start on Monday, and it will continue developing. I think Patrick Range is on his way over to the podium, so he can give you more information about it. Commissioner Regalado: Yeah, yeah, but how does it work in terms of the sunshine law? Vice Chairman Teele: "Has it been noticed?" is what he's asking. Ms. Rodriguez: Well, I think that the -- this was just a meeting of the County, the City and the State, and other players, and one being -- Commissioner Regalado: No, but if Patrick is going, like you're going, and if I go or if Angel goes, it becomes an issue of sunshine. Alejandro Vilarello (City Attorney): Could you explain it, please, how the committee was set up? Because unless there's more than one member of the City Commission, there would not be a sunshine law problem. Commissioner Regalado: What? Mr. Vilarello: As long as there's only one member of the City Commission, typically, there's not a sunshine law problem, unless there's been a delegation of authority to that one Commissioner. Commissioner Regalado: OK. Mr. Vilarello: I'm not aware of the -- how the committee was set up. Commissioner Sanchez: But, Mr. Attorney, if Commissioner Regalado goes, then you're going to have two Commissioners. Therefore, it's a violation of the sunshine law, and therefore, it has to be properly advertised as a public meeting. Commissioner Regalado: Then I won't go this Monday. You know, you just let me know. That's what I'm saying. Patrick Range: If I can, just a moment. 113 March 27, 2003 Commissioner Regalado: Because he has the delegation of authority from Commissioner Winton. Mr. Range: Yes. Commissioner Regalado: See what I mean? Mr. Vilarello: He's attending on Commissioner Winton's behalf? Mr. Range: Yes, this is correct, and actually -- Mr. Vilarello: You would have a problem. Mr. Range: Actually, as far as -- Commissioner Regalado: I know I have a problem. That's why I asked. Mr. Range: It should not be a problem. This wasn't set up by Commissioner Winton, and actually, he's planning to be present, if he is able, on Monday, and this would just be a planning session. This is just a very initial meeting, just a planning session. Once the summit, itself comes to fruition, everyone will be duly noticed. Commissioner Regalado: Oh, OK. Mr. Range: And everyone will have an opportunity to participate. Commissioner Regalado: Oh, OK. I thought that the summit was on Monday. Mr. Range: No. This is just a planning session, and we're just bringing the players together to bring the issues to the table. Commissioner Regalado: OK. Alberto Milo: Yeah. Good afternoon. My name is Albert Milo, from the Urban Development Group. 301 Southwest 17th Road. I just have a couple questions for Ms. Rodriguez, just for clarification purposes. In regards to the two funding sources, if you can -- it was two million, three sixty of CDBG and three million, eight fifty-five of HOME funding as the anticipated funding? Ms. Rodriguez: Correct. There's two million, three, six hundred, CDBG; three point eight -five - five -six -eight -five in HOME for a total of five million, eight five -nine, two eighty-five. Mr. Milo: Correct, and the RFP's are going to be done predominantly all for homeownership is the intent? Ms. Rodriguez: A hundred percent will be homeownership. 114 March 27, 2003 Mr. Milo: And the only changes then being the second mortgages are anticipated being dropped for 25,000, as part of like HOME funding, from the previous 40 to the 25? Ms. Rodriguez: The way it looks right now is that we will be looking for proposals for homeownership projects and you will be able to apply for a variety of funding within the project, being construction, being down payment, depending on the district that the project is. In reference to looking at how much for second mortgages, that's what Commissioner Teele mentioned, that we will come back and discuss those types of policy decisions. Mr. Milo: OK. One last question. Do you know when you expect the RFP to be -- Ms. Rodriguez: RFP goes out, according to what the Commissioners approve today, on Monday. Vice Chairman Teele: And when do they close? Ms. Rodriguez: They close April 25tH Mr. Milo: OK. Thank you. Vice Chairman Teele: All right. Gus, you're recognized. Is there anyone else that needs to be heard on this item? One other person. Two other people. OK. Gus Dominguez: Thank you, Mr. Chairman. My name is Gus Dominguez, 300 Northwest 12th Avenue. I'm President of Greater Miami Neighborhoods. We're a not-for-profit housing developer who's been developing housing in the City of Miami since 1985. I really want to commend the administration on the idea of rewarding administrative funding based on development fees. I think it's high time that people get paid for what they actually do, not for what actually they promise. On the other hand, the policies, the recommendations on the policies in reference to second mortgages to homeowners, let me give you a couple of ideas of where I think the program could be improved. The main idea of getting lower income households into homeownership is to get them into the mainstream of American life. For every subsidy dollar that you make people pay back, you are denying those same people from borrowing the same amount of money in the private sector, plus it gives you -- you have to spend a lot of money in administering, in servicing those loans, so at the end of the day, you are not only reducing the amount of dollars that the families can borrow in the private sector, because it's all based on formulas, and ratios and so on, but also, you are spending more money in administration that you don't need to. I would suggest that you can structure second mortgage dollars in a way that you are not providing windfall profits to people to turn around and -- you know, it's not an outright grant, but that if you have restrictions on the time, you know, if people sell or refinance before a certain time period, they should have to pay the full amount of dollars to the City, and that will be in the title by recording a mortgage, and a title company -- you don't have to worry about administering that. Title companies will pick that up, will advise you, and then you just basically give a payoff line. Then after a certain period of time, you can start forgiving or self -amortizing those mortgages a month at a time for any number of years, so people also realize the benefit of equity that people in the mainstream realize when they are paying their monthly mortgage, so 115 March 27, 2003 you know, I think this needs to be thought through, you know, a lot better, because in the present proposal, you are going to be spending a lot of money in servicing mortgages, and if you look at what banks do, only banks that have many millions of dollars in mortgages can afford to service those mortgages. Most banks sell their servicing to companies who do hundreds of millions of dollars, because that's where the efficiencies are. It is a problem. We have done that. We have made that mistake in the past, so I'm talking from experience in which we have tried to service the small portfolios of loans, cost us a lot of money, wasn't worth it, and then you're preventing low-income people from borrowing more money in the private sector, which is what should be the whole idea. Thank you. Vice Chairman Teele: Gus, let me just get this straight. You're saying that we're getting to create an administrative nightmare to try to service these loans. Mr. Dominguez: Absolutely. Vice Chairman Teele: And the cost of servicing these loans is going to wind up hitting your administrative budget, Madam Director, because if you do it in-house, or if you do it, it's going to be an administrative cost, and I thought you all were already tight on administrative dollars. Ms. Rodriguez: We are very tight in administration. Vice Chairman Teele: Have you all factored in the cost of servicing this? Ms. Rodriguez: We have factored in doing servicing. Vice Chairman Teele: Well, he makes a very good common sense point. If big banks are selling them off to be serviced -- Ms. Rodriguez: We're looking at that option, too, in the event that you do approve us charging interest to these loans. Vice Chairman Teele: Thank you for your -- Mr. Dominguez: Thank you. Vice Chairman Teele: Yes, sir. Yes, sir. Tim Tierney: Yeah. My name is Tim Tierney. I live at 2965 Jackson Avenue in Miami, and when you're structuring these grants -- I'm a private developer, and I just purchased properties in your district. Don't let me interrupt you. I just purchased properties in your district, and for a private developer, it's hard to get funds and to go in, like you were saying before, to initiate private developers to come into these areas to do projects. It's hard for us to get grants from agencies like -- they're private CDC's, so when you guys develop these guidelines, they should try to start doing something with the private sector, also, to project more development in these areas. Thank you. 116 March 27, 2003 Vice Chairman Teele: Thank you. Madam Director, do you want to respond? Ms. Rodriguez: Well we -- the issue has been on the past is that most for-profit developer that we do business right now with them are the people that do tax credit deals. We are trying to bring for-profit development to do homeownership, and I think that's how the housing summit -- that was one of the issues that came up, so we have very few for-profit developers that are doing homeownership right now. We do have for-profit developers doing rental and tax credit deals, so we are trying to give some -- Vice Chairman Teele: Our priority, according to the Mayor in the last state of the City, what we've said in our five-year plan is homeownership. It would seem to me -- I mean, our five-year plan is nothing but a homeownership plan. Ms. Rodriguez: And this funding that you're seeing is homeownership, a hundred percent. Vice Chairman Teele: But what the public was saying, that I agree with, is why don't we look at this a little bit more creatively and create bonuses for the private sector? In other words, let's say that we go with the Habitat for Humanity's recommendation of $30,000. Ms. Rodriguez: Right. Vice Chairman Teele: Why don't we provide, say, an additional 20 percent or 25 percent to the - - not to the developer, but to the home buyer in the case that they're buying from a private sector? Ms. Rodriguez: Commissioner, right now, the homeownership projects that you have funded, that they were funded by the Housing and Loan Committee, we did that. In some cases, you're giving up to $70,000 between down payment, buy down, sales price and down payment assistance, so we are doing it. Unfortunately, every time we put an RFP out, for-profit developers are not applying for these funds. The biggest problems that we have that the Loan Committee had to deal with in December was that the people that have the funds right now, the homeownership funds that have been allocated to projects are not moving, and if they don't move fast enough, we're going to have a problem, because we're almost at the edge of the regulation expiring. Vice Chairman Teele: But that just makes the point that if they're not coming in at $40,000 -- Ms. Rodriguez: We don't put limits when they come in. You can come in for a construction -- Vice Chairman Teele: But I thought this -- Ms. Rodriguez: -- which we would negotiate. Vice Chairman Teele: Excuse me, Barbara. I thought the policy we're approving now for -- Ms. Rodriguez: Is second mortgage. 117 March 27, 2003 Vice Chairman Teele: Yeah, but isn't that where the -- Ms. Rodriguez: No. You're approving a couple of things. You're approving that if you have a project for construction, you can come in and ask for construction dollars, if it's a new construction homeownership, which is the case of Ralph Plaza 2, which is the case of Jubilee that is going to be speaking. That's one issue. Vice Chairman Teele: Does that include private sector development? Ms. Rodriguez: That comes -- anybody. As long as you do a homeownership project. That's number one. The second policy that you're approving, which is the one that Habitat has a problem, because they don't ask for construction dollars, is the $25,000 of down payment assistance. That's very different, but right now, the way the program's structured, for-profit developers should not have a problem in coming in and applying for dollars, because when you apply for those construction dollars, we do a variety of ways. We do buy down. We do second mortgage. We do a combination of both. We let you buy land. We let you do -- So, you know, we give them everything they want. Vice Chairman Teele: All right. This is the time for me to go to school. Commissioner Gonzalez: Mr. Chairman. Vice Chairman Teele: I need to go to school. One more person and that's -- Commissioner Gonzalez: The fact of the matter is -- and, once again, once again, based on my experience, private developers don't like to do affordable homeownership in districts like yours and mine, where people are very, very low-income people, and they have a lot of difficulties qualifying people for loans. At the Ralph Plaza 1 Project, we had a list of about 125 people, potential buyers. When we started screening those people, credit -wise and all of that, it went down to about 40, and the private developers don't want to go through that motion of losing people and losing files, and getting more people. That is reality. The reality is that -- and if they construct rental units, they build the building, they rent all the units, and then they sell it occupied and make, you know, two, three million dollars or whatever on the deal, and that's it, and then they leave your district, and leave mine, and leave a rental project right there for us. That's the pure reality of this trade. Vice Chairman Teele: Mr. Cutler. Charles Cutler: Yes, sir. Vice Chairman Teele: Welcome. Mr. Cutler: Thank you, sir. Yeah, the Commissioner is right, because -- Vice Chairman Teele: Your name. Your name and address for the record. 118 March 27, 2003 Mr. Cutler: All right. Charles Cutler. 706 Northwest 4th Avenue. The Commissioner is right, because we do experience the same phenomenon, especially in the Overtown community, where they come in and rehabilitate buildings, and they'll come in and make a few million dollars. Then before you know it, the buildings are abandoned, and we're right back where we started from, so I do think that homeownership is the right way to go, but I would just like to suggest, Commissioners, that we make the public more aware of the opportunities that exist in the community, because what's really starting to happen within the black community is other -- outsiders are starting to come in to take advantage of that community, and at the rate that things are going now, within the next five or ten years down the road, we won't even have an African- American community. They'll have a Little Haiti, a Little Havana, but we have a history here. We have a lot of culture here, and I just want to -- and I plan on keeping it before you. We have to make some concessions, and we have to preserve the integrity of the black community here within the City of Miami. In terms of a lot of these workshops, a lot of the information comes out to the public after the planning is done, but after the planning is done, all the parameters are in place, so in terms of any flexibility, there is no flexibility in terms of what the public can do and cannot do, and in terms input, they really have none, whatsoever, in terms of this planning, so I think that in terms of the sunshine law, it might do be to the advantage of the public to have another Commissioner to sit in, to open it up to the public, so that at least they'll be able to come in to get their input, because we're talking about a very serious issue here, because the community is slowly being bought up, and the sad part about it is, is it's been money and opportunities coming into the community in which a lot of the blacks historically have not been able to tap into these resources, and they have been totally left out of the mainstream, and now, they're put into a position where they have to compete, and how can they compete when the battle lines have already been drawn, and they're so far behind the eight ball? How, how can they just catch up and compete on a basic competitive level when we haven't even reached the starting gate? So I think that we have to look at this thing in a much more realistic and a much more humanistic point of view, because there is the quality of life issues here, and I'm not talking about just doing away with the class struggle, but I do recommend that we definitely look at raising our standard of living, because with a lot of poverty that exists within the inner city, I think America has come a long ways, and we've come much further than that, and I think that it's a tragedy, with all the prosperity that exists in this country today that poverty is at the rate that it is in the City of Miami, and as you know, the City of Miami is the poorest City of its size within the United States, and I think that we're going to have to come up with some realistic alternatives, and I think that if we are really sincere about addressing these issues, it can no longer be business as usual. We have to show some compassion. Thank you. Vice Chairman Teele: All right. Thank you, Mr. Cutler. Final speaker. Dennis Russ: Commissioner, my name is Dennis Russ. I'm the program director for Greater Miami LISC, the Local Initiative Support Corporation. I'm concerned about two things. I'm concerned, first of all, about having a system that increases the development of affordable housing and housing in our community, and one of the suggestions that is made is moving from administrative housing assistance into benchmarking. The point is being made here, as well, that we ought to take a look at incentivizing both the for-profit industries as well as the not-for-profit industries. I'm not sure that we're moving forward and advancing in the productivity of the 119 March 27, 2003 system in either of those two instances, and I think some greater consideration and thought, some greater discussion among all of the parties who are a part of this system has to go on. Second thing that I reluctantly bring to your attention, the idea of investing 100 percent of the resources of the City for housing in homeownership is of concern to me. In a community where there is a great, great need for affordable housing, I wonder whether the conditions in which people are living in our community is going to be advanced by the notion of putting all of our resources into housing. This is particularly true, because we will be finding in these next several years that there will be preservation projects, projects whose term limits on the use of Section 8 will have expired, and the absence of investing in rental housing may seriously affect our ability to obtain other resources that can also be put into that area. Those are my two concerns. Commissioner Gonzalez: Mr. Chairman. Vice Chairman Teele: Commissioner Gonzalez. Commissioner Gonzalez: In reference -- Vice Chairman Teele: The public hearing is closed. Commissioner Gonzalez: Let me take it in two fronts. First of all, that the gentleman expressed his concern that he doesn't know if there are enough projects going on or if there's any projects at all going on. Let me tell you that I'm very pleased to say here today that actually, at this time, we are building in Allapattah over 1200 units, between rental and homeownership, something that hasn't happened in Allapattah for the last probably 15 years, and we have projected for District 1 about another 1500 units for the next two years. What I envision for my district -- and I don't know, each Commissioner determines what they would like to see in their district -- is a combination of rental and homeownership, because I know that everybody probably don't want to buy an apartment, or don't want to buy a town home, or don't want to buy a house. There are people that like to rent, and that's up to each one or to everyone, but there are a lot of people that would like to see -- to have the opportunity to at one time in their life be able to say, "I own my home," and the only way that they can do that is through affordable housing and through affordable homeownership housing. That's why I welcome all of this development in my district, but I want a balance. I want to establish a balance, because if I go back and specifically in Allapattah -- I've been in Allapattah for almost 15 years. There are buildings in Allapattah that were constructed for rental units, and once they were built, once people moved in, it was transferred from owner to owner, and those buildings look like ghettos today. They are not painted. They are dilapidated. There is no landscaping. There is no light. There is -- you know, the amount of problems -- And you know why? Because these are absentee landlords that all they care about is to collect the checks at the beginning of the month, and you know, and probably have a manager go by, pick up checks and bring to their homes, and that's what really destroys communities. When people -- when we have a homeownership housing, people are the owners of their homes, and they protect their property, and they protect the neighborhood, and they make sure that the neighborhood is kept clean, and that we have security, and they're concerned about crime, and they're concerned about every issue, because they are raising a family right in that neighborhood, and it's their home, so you know, yeah, we have projects. We have both types of projects, at least in my district, and from what I hear in this Commission, 120 March 27, 2003 there are projects going on everywhere. We have projects going in East Little Havana. Commissioner Teele is fighting to get projects going on in his district. I have projects going in mine. Johnny has I don't know how many developments going up in Brickell and Biscayne, so there are projects going on, and projects for rental and projects for homeownership. Thank you. Vice Chairman Teele: All right. The public hearing is closed. Is there a motion on the item? Commissioner Gonzalez: So move, Mr. Chairman. Commissioner Sanchez: Second. Vice Chairman Teele: Moved and seconded. Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 02-278 A RESOLUTION OF THE MIAMI CITY COMMISSION ADOPTING THE 29TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS POLICIES FOR THE HOUSING DEVELOPMENT CATEGORY AND HOMEOWNERSHIP ACTIVITIES FUNDED BY THE HOME INVESTMENT PARTNERSHIPS PROGRAM, ATTACHED AND INCORPORATED. (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 Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None ABSENT: Commissioner Tomas Regalado Chairman Johnny L. Winton Vice Chairman Teele: Commissioner Gonzalez, would you move that this item be brought back for a discussion at the next meeting? Because I think, you know, Commissioner Winton is here. We have not resolved any of these open issues and I really do -- April what? (INAUDIBLE COMMENT) 121 March 27, 2003 Vice Chairman Teele: The next meeting is April 10th. See, the problem is -- Ms. Rodriguez: Can we do it the second -- Vice Chairman Teele: The problem is you're going to be out on the street with RFP's, see, and what you're going to do is put us into a train wreck, because if we come in and meet on the 2e and the RFP's are due on the 25th, then we literally have just train -wrecked the whole process again, and we did that a year ago, so we've got to focus on this thing with some real clarity, and I don't think we have enough information, because I really think what Habitat is asking for is reasonable. I think some of the points that Russ made, I don't disagree with him on them, but I don't agree, but you know what I'd like to do? I'd like for you all to give us an analysis of the amount of money, based upon whatever records we can pull together, that has been spent for multi -family rehab and multi -family rentals versus homeownership, year by year by year. I can tell you in my district, in Overtown, I mean, they spent $20 million and -- $20 million, you know, in like an eight-year period. I think your staff was there when that was being done, and expressed concern and objection, so -- Ms. Rodriguez: Commissioner, the problem that I have on the 10th is that I would have to advertise what I'm going to be bringing here ten days before. Today is the 27th. That means I would have to have that -- Vice Chairman Teele: You're going to be advertising the same thing that's on the agenda now. Ms. Rodriguez: OK. Just saying that it's the housing policies. OK. Vice Chairman Teele: The housing policies. Ms. Rodriguez: All right. Commissioner Sanchez: Mr. Chair. Vice Chairman Teele: Commissioner Sanchez. Commissioner Sanchez: The housing summit was created to answer all these questions. That's what -- Vice Chairman Teele: The what? Commissioner Sanchez: It was designed or prepared so that we could have debate back and forth. I remember last year, there was -- Every time we get to this process, we have either a very healthy debate, because a lot of good things come out of the public hearing, but there's always questions and answers, and that housing summit was supposed to be set forth to answer all those questions, have the developers and all those providers meet with the administration to agree on issues to come forth to this Commission. 122 March 27, 2003 Vice Chairman Teele: But, see, the problem is -- and you're 100 percent right, Commissioner. The problem is, here we go again. This year, we'll get the proposals back on the 25th, so now we're talking about next year, and there are some things clearly wrong with this year's process that I'm not comfortable with. I want to deal specifically with the $30,000 that Habitat is asking for on the ceiling. I think that Commissioner Gonzalez has made some very important points, particularly about homeownership as it relates to inducing private developers -- Ms. Rodriguez: Do you want to continue the item for the next Commission meeting? Vice Chairman Teele: That would probably be the best thing if everybody would agree. Ms. Rodriguez: We can continue this item and the RFP for housing will not go out until after the meeting. Vice Chairman Teele: That's probably the best thing. Ms. Rodriguez: That's fine. Vice Chairman Teele: We need Commissioner Winton on the dais so -- Ms. Rodriguez: That's fine. Commissioner Sanchez: I am prepared to make a motion to defer it to the next Commission meeting. Ms. Rodriguez: To continue it at the next Commission. Vice Chairman Teele: You are so recognized. Commissioner Gonzalez: Second. Vice Chairman Teele: Moved and seconded. The item will be continued, and that obviates the needs for a -- Ms. Rodriguez: Correct. Vice Chairman Teele: -- notice, but please try to get a notice out there. Ms. Rodriguez: OK. Vice Chairman Teele: OK. 123 March 27, 2003 17. RATIFY, APPROVE, CONFIRM AND AUTHORIZE SALARY AND BENEFITS TO BE RECEIVED BY CITY MANAGER JOE ARRIOLA. Vice Chairman Teele: What -- do you have any more items? Barbara Rodriguez (Director, Community Development): I have three. Vice Chairman Teele: Well, I think the Mayor is here, and given his cameo performance today, his Kennedy-ish [sic], boyish, ringing of all the chimes, I think we should give the Mayor the courtesy of breaking the house rules and applauding and saluting the State of the City, as delivered by our Mayor, Manny Diaz, as he comes forward to make whatever presentation he wants, I believe, relating to the salary and benefits of the Manager. Could you join us in saluting our Mayor on the occasion of his second State of the City -- ? APPLAUSE Mayor Manuel A. Diaz: Thank you, and my apologies again to Commissioner Sanchez for that little (UNINTELLIGIBLE). Commissioner Regalado: It was a (UNINTELLIGIBLE) vote. Commissioner Sanchez: He's done some great things in my district. Commissioner Regalado: (UNINTELLIGIBLE) vote. Mayor Diaz: Thank you, Mr. Chairman and Commissioners on the -- in my blue pages I have, for your consideration, approval of the compensation package for our new, poor City Manager. You will note from the -- from what's before you that this is the same package that was previously approved for our prior -- or for his predecessor, Carlos Gimenez, so I ask for your consideration and approval of the same. Commissioner Sanchez: OK. Commissioner Gonzalez: We need a motion or what? Commissioner Sanchez: So move. Commissioner Regalado: I move it. Commissioner Gonzalez: Second. Vice Chairman Teele: There's been a motion and a second. Is there objection? All those in favor, signify by the sign of "aye." The Commission (Collectively): Aye. 124 March 27, 2003 Vice Chairman Teele: Those opposed have the same right. By request of the Mayor, it's unanimously adopted. The following resolution was introduced by Commissioner Regalado, who moved for its adoption: RESOLUTION NO. 03-279 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RATIFYING, APPROVING, CONFIRMING AND AUTHORIZING THE SALARY AND BENEFITS TO BE RECEIVED BY CITY MANAGER JOE ARRIOLA. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Mayor Diaz: Thank you, Mr. Chairman. By the way, you all look great up there. Vice Chairman Teele: Thank you, Mr. Mayor. Commissioner Sanchez: Thank you, and once again, congratulations. Vice Chairman Teele: Does that include severage pay? Joe Arriola (City Manager): It's your call. 18. AUTHORIZE ALLOCATION OF EMERGENCY SHELTER GRANT FUNDS, $426,800, TO BE OFFERED THROUGH REQUEST FOR PROPOSALS PROCESS, PLUS $13,200 FOR GRANT RELATED ADMINISTRATIVE COSTS, TOTAL AMOUNT NOT TO EXCEED $440,000, FOR FISCAL YEAR 2003-2004. Vice Chairman Teele: Madam Director. Barbara Rodriguez (Director, Community Development): Item 16 deals with emergency shelter and grant funds, and this is another policy decision. In the last couple of years the City of Miami has not gone out for an RFP (Request for Proposals). Under the Emergency Shelter Grant we were funding the City of Miami homeless program. The City of Miami homeless programs and 125 March 27, 2003 CD (Community Development) would request waivers from US HUD (United States Department of Housing and Urban Development) in order to run the type of program we were running. US HUD has said that they are not willing to continue granting waivers, so we will be going out with an RFP; it's for $426,800, and it will be to deal with three issues. You will be able to apply if you're doing one of the three: One, renovation and rehabilitation of building being used as emergency shelter for homeless individuals. The second one will be shelter maintenance, operation, rent, repairs, security, and food supply, and the third one is we will be requesting proposals for homelessness prevention programs, and it's a public hearing. Vice Chairman Teele: This is a public hearing. What's the number? Ms. Rodriguez: Number 16. Vice Chairman Teele: This is a public hearing, item number 16. Any person desiring to be heard should come forward. There are no persons coming forward. Are there any persons coming forward on the Emergency Shelter Grant? If not, the public hearing is closed. Is there anyone coming forward? Commissioner Sanchez: So moved, Mr. Chairman. Commissioner Gonzalez: Second. Vice Chairman Teele: It's been moved by Commissioner Sanchez, seconded -- Commissioner Regalado: Second. Vice Chairman Teele: -- by Commissioner Gonzalez. Is there objection? All those in favor, signify by the sign of "aye." The Commission (Collectively): Aye. Vice Chairman Teele: Those opposed have the same right. 126 March 27, 2003 The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-280 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF EMERGENCY SHELTER GRANT FUNDS, IN AN AMOUNT NOT TO EXCEED $426,800, TO BE OFFERED THROUGH THE REQUEST FOR PROPOSALS PROCESS IN ACCORDANCE WITH THE CODE OF FEDERAL REGULATIONS TITLE 24 PART 576 FOR ELIGIBLE GRANT -RELATED ACTIVITIES, PLUS THE AMOUNT OF $13,200 FOR GRANT -RELATED ADMINISTRATIVE COSTS, FOR A TOTAL AMOUNT NOT TO EXCEED $440,000, FOR FISCAL YEAR 2003- 2004. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton 19. DIRECT ALLOCATION OF 29TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FUNDS, $10,140,000, AND PROGRAM INCOME FUNDS, $1,000,000, TO SUPPORT CITY MUNICIPAL SERVICES AND UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT RELATED ACTIVITIES FOR 29TH PROGRAM YEAR BEGINNING OCTOBER 1, 2003. Vice Chairman Teele: Item 17. Barbara Rodriguez (Director, Community Development): Item 17 is basically funding municipal service. The municipal services we're considering this year are three. One is for lot clearing. The other one is for NET (Neighborhood Enhancement Team), Code enforcement, and the third one is for unsafe structure. They're being reduced 21 percent, which was the same reduction that we got under CDBG (Community Development Block Grant). We also have that we're no longer funding the CRA (Community Redevelopment Agency) baseline funding. We're no longer funding the CLUC-90; it was a five-year commitment. The Little Haiti Job Creation project was a five-year commitment. The Downtown Development Authority, which was a commitment that ended last year for 750,000, and we're also funding 20 percent to the Administration. 127 March 27, 2003 Vice Chairman Teele: Is there a discussion on this item from the dais? If not, is there public discussion? Commissioner Gonzalez: Yes. Vice Chairman Teele: Hold on just on minute, Commissioner. Is there any public discussion? Is there anyone desiring to be heard? If not, the public hearing item is closed. Commissioner Gonzalez, you're recognized. Commissioner Gonzalez: Yes, Mr. Chairman. I'm -- OK, on the NET, Code enforcement, I have an issue, and I spoke to the Manager briefly about this issue this morning. We have certain abandoned properties in our neighborhoods, and I'm sure that you have some of them too, that neighborhoods call our office and inform us that there is this abandoned structure that is unsafe, that is unsecure, that it's being used by people to consume drugs or to do illegal activities, and when we call the NET office, the NET tells us that he has to -- the property has to be cite, and then it's cited, and then it has to go to the process, and the process sometimes takes three months, four months, six months, nine months. Meanwhile, the neighborhood -- the neighbors are complaining and are paying the consequences of these delays, and I wonder if there is a way that we, the City, once we notify the owner of the property, that we give a prudent amount of time, like 30 days, you have 30 days to clean up your property and secure your property, and if you don't do it, then the City does it, and collect from the home owner or from the property owner, and if we have to put a lien against the property, let's put a lien against the property, but it's not fair to have a neighborhood live under these conditions because there is a property owner that doesn't care about it, and the property owner knows that they has to come to Code enforcement; it takes three months to get to Code enforcement, then the person doesn't show up, and they come up with another excuse, or come in and ask for another 45 days to take care of the problem. They don't take care on the 45 days; come back and ask for an extension of time, and in this interval, you know, the neighbors are suffering the consequences. There has to be a system that we, the City, the government, should be -- should have the right or the way or the legal way to go ahead and say, "Listen, Mr. Property Owner, either you take care of this problem or we're going to take care of it and you're going to pay for it." What -- can I get -- Victor Monzon-Aguirre (Assistant City Manager/Chief of Neighborhood Services): Commissioner -- Commissioner Gonzalez: -- get an answer on this? Mr. Monzon-Aguirre: Yes. What we've able to determine is that we can give the owner 14 days to resolve his problem; otherwise, we can go ahead and board it up temporarily until such time that he makes the condition habitable for some other person to live there. If it's only temporary, that temporary period is a short period of time. I believe it's up to six months, but we can then back charge him; we'll put a lien on the property for the efforts by our staff. Not necessarily our staff, but a contractor who would do that for us. If it's an unsafe structure, that's another process and that generally takes 90 days to do that. Commissioner Gonzalez: But if it is an insecure property that is being used for illegal activities. 128 March 27, 2003 Mr. Monzon-Aguirre: If it's an abandoned property -- Commissioner Gonzalez: Right. Mr. Monzon-Aguirre: -- we could notify the owner, give `em 14 days to do it, if we wanted to be very aggressive in that arena and as a matter of public policy and do it that way. Commissioner Gonzalez: OK. For example -- and I hope to have it here -- there is a property in Allapattah that I have reported to the police department on three different occasions. This building is a two-story building that has been abandoned for the last, probably, four or five months. This building is being used to consume drugs, and there is a house next door that is being used to stash and sell the drug that they consume at this building, OK? The neighbors -- and I'm talking about 38 Street, Commissioner Teele, between 17th Avenue and 18th -- and 16th Avenue, right across the street from Miami Jackson High School, all right, so Allapattah Business Development is building a 30 -unit town home there. They just install the fence to secure the premises. Well, these vandals already vandalized the fence in order to communicate from 39th Street to 38th Street, and nothing is being done about it. Code enforcement is not doing anything about it. I have reported it to the NET Administrator in Allapattah. I was up there Saturday and the neighbors came out and talked to me and said, "Commissioner, what is going on?" I said, Oh, listen, you know, I have reported this three times and I don't know what's going on. Actually, I can't tell you what's going on. I will have to ask what is going on, but it's not fair for these people to be having these other people smoking grass and smoking coke and all of that right next door to them and we are not doing anything about it. I mean, you know, what's the matter? Is this happening because this is a poor neighborhood -- Mr. Monzon-Aguirre: I wouldn't believe -- Commissioner Gonzalez: -- and we're not going to take care of it? Mr. Monzon-Aguirre: Commissioner, I'll assure you that by tomorrow morning, I'll find out what we're going to do and how fast we can do it and resolve this issue. Vice Chairman Teele: Victor Monzon-Aguirre, assistant manager to the City. Go right ahead. Mr. Monzon-Aguirre: That's all I can say, Commissioner, right now, is -- Commissioner Gonzalez: Mr. Manager, I hope that we can take care of this situation tomorrow - Vice Chairman Teele: All right. Commissioner Gonzalez: -- for the benefit of the neighbors, for the benefit of the neighbors of this neighborhood, you know. The fact that these are Hispanics and Afro-American, the people that live there, doesn't mean that they have to live under these conditions. I mean, if this is happening in some other areas in this city, within ten minutes we have a response. 129 March 27, 2003 Joe Arriola (City Manager): I promise you, I personally will take care of it, sir. Commissioner Gonzalez: Thank you. Vice Chairman Teele: All right. Where are we now, Madam Director? Ms. Rodriguez: Item 17, municipal services. Vice Chairman Teele: Is there a motion and a second? Commissioner Gonzalez: I'll move. Vice Chairman Teele: A motion. Commissioner Sanchez: Are we done -- Vice Chairman Teele: The public hearing's been held. Commissioner Sanchez: -- with the public hearing? Ms. Rodriguez: Was closed. Vice Chairman Teele: We asked the public hearing; it was closed. Motion by Commissioner Gonzalez to approve it? Commissioner Gonzalez: Yes, sir. Commissioner Sanchez: Second. Vice Chairman Teele: Second by Commissioner Sanchez. Is there objection? All those in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Teele: Opposed? It's unanimously adopted. 130 March 27, 2003 The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-281 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE ALLOCATION OF 29TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG') PROGRAM FUNDS, IN THE AMOUNT OF $10,140,000, AND PROGRAM INCOME FUNDS, IN THE AMOUNT OF $1,000,000, TO SUPPORT CITY MUNICIPAL SERVICES AND UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT RELATED ACTIVITIES AS SPECIFIED HEREIN FOR THE 29TH PROGRAM YEAR BEGINNING OCTOBER 1, 2003, SUBJECT TO APPLICABLE CITY CODE PROVISIONS. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton 20. AMEND RESOLUTION NO. 99-204 THAT APPOINTED CITY'S HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM ADMINISTRATOR TO SERVE AS VOTING MEMBER OF MIAMI-DADE HIV/AIDS PARTNERSHIP AND DIRECTOR OF DEPARTMENT OF COMMUNITY DEVELOPMENT OR DESIGNEE TO SERVE AS ALTERNATE MEMBER, BY CHANGING SAID APPOINTMENTS TO DESIGNATE DIRECTOR OF DEPARTMENT OF COMMUNITY DEVELOPMENT, OR DESIGNEE, TO SERVE AS VOTING MEMBER AND ASSISTANT DIRECTOR TO SERVE AS ALTERNATE MEMBER. Vice Chairman Teele: Next. Barbara Rodriguez (Director, Community Development): Item 17A is amending resolution 99- 204, which appointed the City Housing Opportunities for Persons with AIDS (Acquired Immunodeficiency Syndrome) program administrator to serve as a voting member of the Miami - Dade HIV/AIDS (Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome) partnership and the CD (Community Development) director or the designee as alternate. We wanted to change to the CD director or designee as a voting member, and the assistant director of CD to serve as an alternate. 131 March 27, 2003 Vice Chairman Teele: This is a public hearing. Anyone desiring to be heard on this item? If not, the public hearing is closed, designating the assistant director -- I mean the director. Is there a motion? Commissioner Sanchez: So moved, Mr. Chairman. Vice Chairman Teele: Second. Commissioner Gonzalez: Second, Mr. Chairman. Vice Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): "Aye." Vice Chairman Teele: All opposed, say "no." The item is adopted. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-282 A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 99-204, ADOPTED MARCH 23, 1999, THAT APPOINTED THE CITY'S HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM ADMINISTRATOR TO SERVE AS A VOTING MEMBER OF THE MIAMI-DADE HIV/AIDS PARTNERSHIP AND THE DIRECTOR OF THE DEPARTMENT OF COMMUNITY DEVELOPMENT OR DESIGNEE TO SERVE AS AN ALTERNATE MEMBER, BY CHANGING SAID APPOINTMENTS TO DESIGNATE THE DIRECTOR OF THE DEPARTMENT OF COMMUNITY DEVELOPMENT, OR DESIGNEE, TO SERVE AS A VOTING MEMBER OF THE PARTNERSHIP AND AN ASSISTANT DIRECTOR OF THE DEPARTMENT OF COMMUNITY DEVELOPMENT TO SERVE AS AN ALTERNATE MEMBER. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton 132 March 27, 2003 21. CERTIFY THAT REHABILITATION OF LITTLE HAITI COMMUNITY CENTER LOCATED AT 181 NORTHEAST 82nd STREET AND CONSTRUCTION OF NEW 16 -UNIT AFFORDABLE RENTAL HOUSING PROJECT LOCATED AT 6601 NORTHEAST MIAMI PLACE, ARE CONSISTENT WITH FIVE-YEAR CONSOLIDATED PLAN (1999-2004). Barbara Rodriguez (Director, Community Development): 17B is, basically, we're looking -- The Little Havana -- The Little Haiti Housing Association, Inc., is trying to be credited through the Community Contribution Tax Credit program, and basically, this provides an incentive to encourage Florida corporations to make donations to community development and low-income housing project. Little Haiti is seeking to become an approved sponsor of the State Community Contribution Tax Credit program. What this resolution does is basically saying that we support what they're doing. They will be requesting two projects. One is the rehabilitation of the Little Haiti Community Center, and the other one is the construction of 16 -unit affordable rental housing building. The developer for both is Little Haiti Housing Association, and this is just to support the project and to make it part of their application. Vice Chairman Teele: (INAUDIBLE) public hearing. Any person desiring to be heard should come forward. There are no persons coming forward. Ma'am, are you coming forward? There are no persons -- Ms. Rodriguez: No. Vice Chairman Teele: There are no persons coming forward. Public hearing is closed. Is there a motion? Commissioner Gonzalez: Move 17B. Vice Chairman Teele: Moved and seconded by Commissioners Gonzalez and Sanchez respectfully. Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All opposed, say "no." The item is adopted. 133 March 27, 2003 The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-283 A RESOLUTION OF THE MIAMI CITY COMMISSION CERTIFYING THAT THE REHABILITATION OF THE LITTLE HAITI COMMUNITY CENTER LOCATED AT 181 NORTHEAST 82ND STREET, MIAMI, FLORIDA, AND THE CONSTRUCTION OF A NEW 16 -UNIT AFFORDABLE RENTAL HOUSING PROJECT LOCATED AT 6601 NORTHEAST MIAMI PLACE, MIAMI, FLORIDA, LOCATED IN THE LITTLE HAITI NEIGHBORHOOD, AS COMPLETED AND AS PROPOSED TO BE DEVELOPED, RESPECTIVELY, BY THE LITTLE HAITI HOUSING ASSOCIATION, INC. ARE CONSISTENT WITH THE FIVE-YEAR CONSOLIDATED PLAN (1999-2004); FURTHER DIRECTING THE CITY MANAGER TO TRANSMIT A COPY OF THIS RESOLUTION TO THE STATE OF FLORIDA OFFICE OF TOURISM, TRADE AND ECONOMIC DEVELOPMENT. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton 134 March 27, 2003 22. DEFER TO COMMISSION MEETING CURRENTLY SCHEDULED FOR APRIL 10, 2003, CONSIDERATION OF: NOMINATION OF DWAYNE WYNN TO MODEL CITY REVITALIZATION TRUST BOARD; AND PROPOSED RESCINDING OF RESOLUTION NO. 01-637 AND RESOLUTION NO. 02-547 AND CONFIRMING MANAGER'S NOMINATION OF MEMBERS OF MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST. RESCIND RESOLUTION NO. 01-637 AND RESOLUTION NO. 02-547 AND CONFIRMING MANAGER'S NOMINATION OF NORMAN POWELL TO SERVE AS A MEMBER OF MODEL CITY HOMEOWNERSHIP TRUST. Vice Chairman Teele: Members of the public, we have a 4 o'clock time certain. The time is 5:30. We want to apologize to the citizens that have come forward on the 4 o'clock time certain Commissioner Sanchez: What's it for? Vice Chairman Teele: -- involving the Model Cities Trust. I note the presence of the Chair and Vice Chair of the Trust. They're sitting right together. I hope you haven't been disgusting it, but please come forward. Sunshine law does apply. Ms. Shalley Jones, with Fannie Mae, and Mr. Mr. Patrick Range. Shalley Jones: Now, Mr. Chairman, we wouldn't do a thing like that. For the record, we have two other Trust members with us, Lucia Dougherty is here, and Hector Brito is also here, if they can join us, please? Vice Chairman Teele: And for the record, you are? Ms. Jones: For the record, I am Shalley Jones, office locations at -- Commissioner Sanchez: What item is that? Ms. Jones: -- 111 Brickell Avenue, Miami. Mr. Chair, I'd like -- would you like for me to proceed? Vice Chairman Teele: Yes, please. Ms. Jones: OK. I'd like to thank you for this opportunity to address the group. As the chairperson of the Trust, I'd like to just reiterate our position and the opportunities that we've had as serving as members of the Trust, the Model Cities Trust. Again, I'm Shalley Jones. I'm a vice president with Fannie Mae, and I've had a splendid opportunity to probably stand with each one of you on a podium somewhere in recognition of Fannie Mae's investment in the City, and as a member of the Trust, I take great pride and pleasure in representing the City and my company Fannie Mae, and looking to see what we can do to really work to help to revitalize the Model Cities community. My role now, as well as my previous role as the director of our South Florida partnership office of Fannie Mae, allowed Fannie Mae to probably be the single largest 135 March 27, 2003 investor in the City of Miami. In other words, we put a number of dollars in this community, and my role on the Trust will help to continue that process. We have had a fantastic opportunity and time working with the citizens in the Model Cities community. We've had some very hard discussions. We've had some very entertaining discussions, and we have come to a meeting of the mind and we will continue to have discussions, not always seeing eye -to -eye, but understanding that we are there to do the best that we can in that community, and one of to help to revitalize that community. I want to compliment the City on the vision, the foresight in creating revitalization districts and homeownership zones. I understand what single-handedly and firsthand working with Fannie Mae and what homeownership does in a community and the investment that it makes for the community, and not only that, but for the families that own their own home, what it does to that family's income. Homeownership, in my opinion, is wealth creation. The Model Cities community is in vital need of wealth creation. The Model Cities Trust is a dedicated group of individuals willing to do what we need to do to expend out time, our resources, and our company's time to work with the City, and I'd like to emphasize to work with the City under the leadership of the Commissioners so that we ensure that we carry out the vision of the City. You created the community revitalization districts. You created the homeownership zones. We are charged with helping to revitalize the Model Cities community. We're not here to try and do it alone, do it by ourselves; we are to do it with the City not against the City, or not separate and apart from the City or from the community. This is a partnership. It is a tri -party partnership. We are private individuals, and I'd like to emphasize and to really emphasize that Fannie Mae is a private corporation, and as probably the single largest investor in the City of Miami, we probably know how to do some things right, and being at the table with the rest of the Trust members will allow us that leg up in trying to do the right thing. What I'd like to do is to turn the podium over to the other Trust members for them to just say a few words to you, and again, before I sit down, I'd like to again emphasize that this is a partnership, and we would like to carry out the Commissioner's vision for this partnership. We want to do the best that we can. I've sat on a number or boards and I have not been as impressed with the leadership and the caliber of individuals sitting on this Trust. You've got a wealth of talent and you have -- we have the propensity to be a very successful Trust in revitalizing this community to set a model for the rest of the country. I'd like to call the call the vice chair of the Model City Trust, Mr. Patrick Range, for a few words. Patrick Range: Thank you very much, Ms. Chairlady. My name is Patrick Range. I live at 5720 -- I work at 5727 Northwest 17th Avenue, in the City of Miami. I also want to thank the Vice Chair, thank the Commissioners, the Manager, the Attorney for allowing us to come today to ask your continued support for this Model Cities Trust Revitalization Board. For the past nine months I have been serving as vice chair of the board, and this board was created to bring private sector experience and public sector resources to meet the challenge of large-scale development in the City of Miami. The Commission's charge to us, the private sector individuals who comprise the board of directors of the Model Cities Trust, was to embrace and champion this Model City community revitalization effort as it would a private initiative. Though the City Commissioner created the Model Cities Trust in February of 2001, the majority of the board members were seated and confirmed by the City Commission on May 9, 2002. At that orientation that commenced on June 13 and 16, 2002, Congresswoman Carrie Meek swore the board in to make the board official. This orientation was a tremendous briefing for the board that explained the depth of the work that had already been done by the City. On my first day on the job as a board 136 March 27, 2003 member, I saw renderings for new single-family homes that were envisioned by the master planners. I think some of those you have before you now. I learned about the conditions of the infrastructure as a result of the preliminary basis of design reports that the civil engineers performed, and I was able to view all of these components in the context of other city successes on similar comprehensive revitalization efforts. I quickly began to understand that the board's commitment would be to the full scope of the homeownership zone pilot project beyond just the housing, including economic opportunity zones, quality of life enhancements, new home constructions and rehabilitation of existing homes. Unfortunately, the enthusiasm that inspired me and my fellow board members at the onset of this initiative has been frustrated several times due to several obstacles in a road that was milled before most of the members were even appointed. These preexisting facts have created a series of stops and starts that had prevented the board from going about its business, beginning with the closings on the properties that was slated for acquisitions. Fundamentally, the impacts of the continued disconnect between the City and the board jeopardizes its potential for a successful community revitalization effort throughout the City of Miami. Already, unfortunately, the City and the Model Trust -- the Model Cities Trust have sacrificed credibility with property owners who have not been able to get a straight answer as to when closings will happen on property that contracts have already been set. If the Cities commitment to the redevelopment effort is real and to be realized in some form, the greatest cost is going to be borne by the City, due to the fact that property values have increased substantially in just one year's time. My desired outcome from my visit here today at the City Commission will be that the City Commission will affirm its commitment to the board driven redevelopment effort and its vision to build upon the Cities strengths to create better opportunity for everyone. I hope to each of you recognizes the values of our commitment and supports that commitment to the benefit to the City of Miami and its residents. I would just add that, as did our chairlady, I'm very proud to be a member of this board. This board is very committed and very talented. We're very fortunate to have a chairperson who is as astute as she is, who is in a position to do great things, not only for the Model Cities community, but for this City, for this County at large, and we are proud to have her, we're proud to work with her. Thank you very much. I'd like to turn it over to Ms. Dougherty, who's also a Trust board member. Vice Chairman Teele: All right. We're going to be limited about time here because we've sort of talked around the issue, and nobody's dealing with the issue, and I guess the item on the agenda would be items number 33 -- what's the item number again? Unidentified Speaker: (INAUDIBLE). Vice Chairman Teele: 5F, "I," and 33. It would be my intent, given the fact that Commissioner Winton is not present, to ask that those items be deferred, Mr. Manager. I think there needs to be some clarification, Mr. Manager, from you on what it is you're trying to rescind, if anything, but your item number 33, which literally, throws a skunk at the family picnic, talks about rescinding certain board members, that -- is that -- am I correct? Joe Arriola (City Manager): I'm sorry. What I did is, I just brought a subsequent in, and if you want me to pull it, it'll be fine, but I think that we -- all we're trying to do is just put a substitute, and if you have an objection to the subsequent, then I'll pull it. 137 March 27, 2003 Vice Chairman Teele: Well, where we are is, just so that you understand and the public understands why everybody's talking around this issue about how much they like serving on the board and how good the board is -- Ms. Jones: Mr. Chair. Vice Chairman Teele: Excuse me. Let me just finish. Please don't interrupt me. The discussion has been that you are going -- that this document came out recommending the rescinding of board members. That's what's stated here, and if you're going to recede from that, which I hope you will, we can move to the next item. Mr. Arriola: We distribute on Friday a substitute to this item, sir. Vice Chairman Teele: I asked twice of your office, as of Monday, and they said there are no substitutes; is that correct, Karen, there's no substitutes agenda? Unidentified Speaker: (INAUDIBLE). Vice Chairman Teele: Didn't I -- when did this come out? Mr. Arriola: Friday, sir. Vice Chairman Teele: As of yesterday, I did not receive it, but in any event, so the question then becomes item -- the substitute item, and 5F and "I," and given the fact that Commissioner Winton isn't here, and it's a board appointment, then I would ask that those items be deferred, unless someone would like to discuss them at this time. Mr. Arriola: If that's what you'd like, that's what we'll do. Vice Chairman Teele: All right. Commissioner, would you move to defer those Items 33 -- Commissioner Regalado: Sure. Vice Chairman Teele: -- 5F and 5I? Commissioner Regalado: I'm sorry, which item? Commissioner Sanchez: I don't -- Commissioner Regalado: It's -- Commissioner Sanchez: I don't have -- Commissioner Regalado: -- 33. Commissioner Sanchez: Where's 5I and -- ? 138 March 27, 2003 Commissioner Regalado: Huh? Commissioner Sanchez: Where's 5I? I don't -- Unidentified Speaker: In the blue pages, sir. Vice Chairman Teele: It's District -- Commissioner Regalado: Oh (UNINTELLIGIBLE). Unidentified Speaker: District 5. Vice Chairman Teele: -- 5 -- Commissioner Sanchez: Oh, OK (UNINTELLIGIBLE). Vice Chairman Teele: -- Item number F, and District 5, Item -- in fact, District 5, Item F is withdrawn -- Mr. Arriola: Yeah. Commissioner Sanchez: Wait, wait, wait. Vice Chairman Teele: -- and District 5I, so the item would be District 5I and 33 -- Commissioner Regalado: OK. Vice Chairman Teele: -- so the motion would be to defer to those two items. Commissioner Regalado: Motion to defer -- any date, April 7? Is it the next -- ? Vice Chairman Teele: To the next meeting. Commissioner Regalado: To the next meeting. 33 -- Commissioner Sanchez: Excuse me. Commissioner Regalado: -- Item 33 on the regular agenda -- Vice Chairman Teele: And 5I. Commissioner Regalado: -- and Item 5F and 5I. Vice Chairman Teele: Just 5I. Commissioner Regalado: 5I on the blue page of District 5. 139 March 27, 2003 Commissioner Sanchez: Second. Vice Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 03-284 A MOTION TO DEFER TO THE COMMISSION MEETING CURRENTLY SCHEDULE FOR APRIL 10, 2003, CONSIDERATION OF: • NOMINATION OF DWAYNE WYNN TO THE VACANCY CREATED BY LINDA HASKINS ON THE MODEL CITY REVITALIZATION TRUST BOARD;AND • PROPOSED RESCINDING OF RESOLUTION NO. 01-637 AND RESOLUTION NO. 02-547 AND CONFIRMING THE CITY MANAGER'S NOMINATION OF CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Vice Chairman Teele: All right. Now, let me yield the chair to Commissioner Regalado, and if I may? Commissioner Regalado: You're recognized, sir. Vice Chairman Teele: Thank you. Mr. Manager, the unfortunate quotes in the Miami Herald that go back and forth about you and I talking to each other through the Herald -- and maybe we should talk a little more directly -- doesn't bother me as I've said. Anything you say about me or to me, that's fine. My concerns are the District that I represent and the people that are representing the District. This city has appointed -- has created seven boards, seven homeownership boards. To date, Mr. Manager, since you've been in office, you've done nothing on the other six. We are under a federal obligation, under our five-year plan, to move forward with five additional homeownership zones. The legislation that was created to create this zone 140 March 27, 2003 was written by me, substantially. I -- it is my work. I know what's in it. There have been a number of amendments to it, which I accept. Commissioners that have other districts can do what they want to in their district. The only thing that I asked respectfully of you is that when we involve the citizens in community -- Mr. Arriola: Sorry. Vice Chairman Teele: -- if we involve the citizens in the community on various boards, that we treat them with dignity, with respect, and that we listen to them, and we take their advice. If we're not going to take their advice, then we need to abolish the boards, and I've said that consistently when we talk about the Waterfront board on projects that come before here. We need to listen to them. I took personal offense to your comments on WMBM radio when you attacked the Model Cities Trust, and gave as the example that the punch and the food caterer for the Model Cities Trust is not even of the community, and that you're concerned about the community, and if the Model Cities Trust was concerned, they'd at least have the caterer from within the community. I consider that a cheap shot. Not that I'm not concerned about the caterer, but then I fired off a memo (memorandum) to your office asking, since we're here in this wonderful new building, how much African American and how much minority participation there is in the reconstruction of this multimillion dollar reconstruction? You know how much? Mr. Arriola: I have no idea. Vice Chairman Teele: Zero, zero, zero African American participation in the contract, the professional engineering, the professional architects, or even subcontracts, and as I said in the Mayor's State of the City Address today relating to the comments, even Henry Flagler, 107 years ago, recognized and appreciated the value of African American participation in the creation, in the development of this city, and even Mr. Flagler, in 1896, incorporated and sought out to use African American men as incorporators, as well as building the railroad. Now, if we come here to this city 107 years later -- and we're very proud of this restoration, but we haven't even done what was done 107 years ago in which we involved the full participation of this community, and so I just want you to know, Mr. Manager, that I take exceptional offense to debating about a particular community not involving a particular group of people when, in fact, we all can do better, we all should do better, but before we start going out into Model Cities and looking for things that that Trust has done wrong, I would respectfully ask that we at least ensure that the taxpayers' dollars at City Hall are expended in a way and that the contract opportunities are given in the same manner that you described your concern about who's fixing the punch for the Model Cities Trust receptions, and my comments, Mr. Manager, for the press was simply this: I expect an apology from you to the Model Cities Trust. You brought in Mr. Range, but not -- as attributed by the watchdog, and you all had a candid discussion in which you did indicate you regretted very much the manner in which the communication was handled, and I -- as I said to one reporter, I guess the Watchdog or whatever it is -- I consider the matter to be fully and thoroughly satisfied because it's not about me and you; it's about the district and the constituents, and I'm -- all I'm requesting is that you read the ordinance, you respect the ordinance, and you understand that I have never been to a Model Cities Trust board meeting because the Trust is set up to avoid the Commission and management from being involved in the day-to-day until the other night, a week ago. That was the first Model Cities Trust board meeting that I have ever 141 March 27, 2003 personally attended, and while I think it would be very helpful if your staff attends, and maybe even if other Commissioners attend, I would just only offer you the challenge that there are six other Trusts, and if you want to engineer one the way you would like, be my guest. Take the one in Overtown, take the one in Little Haiti and engineer it, and I'll work with you, but let's don't insult people who are working hard by trying to come in and hot dog it on the radio and talk about the color of the punch and who's serving the punch and who's buying the punch because we all know there's a lot more important things that this City can be involved in, and I really appreciate the fact that you've opened a better line of communication because the notion of asking that Trust members be removed is extremely damaging to the intent or the underlining intent of the ordinance, and I thank you, Mr. Manager. Mr. Arriola: Thank you. Commissioner Regalado: OK. Commissioner Teele, you want the chairmanship back or you -- Vice Chairman Teele: Yes. If the Manager is agreeing and I'm agreeing to withdraw or to defer the items regarding the appointment of Trust, then there's no other item on the agenda relating to this, and if there are -- Ms. Jones: OK. Vice Chairman Teele: -- any points that the members of the Trust would like to make, we'll be more than happy to receive them -- Ms. Jones: OK. Let me -- Vice Chairman Teele: -- given our short time constraint. Ms. Jones: -- thank you again, and our purpose here today was to say that we're here to work with you and not against you; that we'd like to devote our time as fully and as positively as we possibly can, and I do thank you for your comments, and Ms. Dougherty would just like to close us out. Vice Chairman Teele: Well, I think Mr. Brito ought to close it out since he hasn't had a chance to speak, so come on down and put your name on the record, as well. I think it's important for the public to see that the Trust is inclusive of the entire community, and I think a picture is worth a thousand words. Lucia Dougherty: Evening, Mr. Chairman, members of the board. Lucia Dougherty, with offices at 1221 Brickell Avenue. I also am privileged to serve on this board, and I thank you for that opportunity, but I'd like to speak for a few minutes about the things that have been accomplished, and hasn't been only accomplished by the Trust, but it's also been accomplished by the City. To date we have $5,000,000 worth of property in the Cities name, the Cities and/or Trust name. We have contracts for another $3,400,000, or 210 contracts. They've prepared a master plan, which is going to the community next month for community meetings; $2,000,000 142 March 27, 2003 have been appropriated from Congress to the Trust; $3,000,000 in Model Cities housing initiatives from the City; $6,000,000 in Homeland Defense funds; $3,000,000 for this year; 7,000,000 in Home Investment Partnership program funds, so a total of $21,000,000 is allocated to this effort. We've got the land. We've got the money. We have the expertise. We have a enthusiastic board. We have a city staff that I think is an excellent city staff, and we are only looking forward to finalizing and actually implementing a plan that has been started even before we were appointed members, so we thank you. Yes, sir. Vice Chairman Teele: I want to correct the record on a very important issue. Ms. Dougherty: OK. Vice Chairman Teele: The Homeland defense bond appropriated zero dollars to this Trust, zero. There is an earmark in there for Model Cities, but Model Cities is much bigger than the geographic boundary of this Trust -- Ms. Dougherty: I stand correct. Vice Chairman Teele: -- so I want to -- Ms. Dougherty: OK. Vice Chairman Teele: -- because this -- I understand one of your staff people was before the Trust Oversight Board making a pitch for money without even conferring with my office, which again, is totally inappropriate because I've got to represent the whole of Model Cities, not just the area that you all are, and I want to be very clear, there is no money appropriated out of the Homeland Security for the Model Cities Trust, but as I've said to the previous Manager, and I said to this Manager, and I said to Ms. Haskins, the management and my office need to sit down and look how we can swap out some dollars immediately to solve the problem that the CDBG has, and I'm totally opened to that, but that is not a discussion that I'm prepared to entertain at this point with the Model Cities Trust; that's a discussion that the Community Development office has got to drive, because what we're doing is making the City come into compliance with community development, and then as it relates to the other issues as it related to the like the office and all of that, we said we would make money available for that as long as you all made money available for programming in the community. Ms. Dougherty: Understood, and we did pass a resolution to that effect. Vice Chairman Teele: OK, so I don't mean to switch sides here now. Ms. Dougherty: Anyway, I just want to thank you for the opportunity to serve on this board, and again, as somebody who is in the private sector -- and what I do is, I sell my time to the -- so, to the extent that I am here, I'm either not selling time or I'm not on vacation, so I am here to serve the community because I think that's the right thing to do. I do live and work in this city, and I want to be somebody who is a participant, and I will tell you, both Mr. Chairman as well as Mr. Manager, to the extent that I -- you find that I am not political liability to you, please, or if 143 March 27, 2003 there's somebody else better who can serve, I am very happy to step down for that person, but until that happens, I look forward to continuing to work on this. Vice Chairman Teele: OK. Final Trust member that's here. Hector Brito: Good afternoon, Mr. Chairman and distinguished Commissioners, Mr. Manager, staff. Ms. Haskins, it's good to see you again, and it's good to be here and part of this new renaissance that -- of sorts. Commissioner, I had some notes prepared, but I would rather speak from the heart. I've been a resident of the community for 40 -plus years, address 2425 Northwest 3rd Street. I see the diversity. I see the talent. I see the potential again, Commissioner Sanchez, that we have in this community. In our diversity lies out strength. I truly believe that we, as a community, need to start overcoming a lot of the "my community versus this community" and start working together and treating the community as a whole. It's incumbent upon our generation, Commissioner Sanchez, Commissioner Regalado, and -- Vice Chairman Teele: He's not in your zone. Mr. Brito: I believe he's in my generation. I just used Grecian formula, and Mr. Manager, with your experience from the private sector, you bring a whole new perspective to some of the problems that we have in our city, in our community, and in all probably, in due time, you will be able to address a lot of these problems and find a private sector solution, which is very, very atypical in a government structure. I commend Mayor Diaz for kind of stepping back and analyzing the past year and a half or two. I don't know how long it's been since he was elected. Time flies when you're having fun, I guess, but obviously, he's chosen to take a step back and to analyze and to make decisions, and we may not always agree with the decisions, but obviously, they're well thought out. With all that said, Commissioner, I just wanted to say that this revitalization zone, the Model Cities Trust, and the other revitalization zones certainly merit and are worthy of moving forward and they all should be moving forward as quickly as possible. Every day that passes by we fall farther behind. I thank you for your indulgence, and I hope that you view -- again, I offer my -- just as Ms. Dougherty, if there's anyone that desires to serve on this Trust, I certainly have a number of other things that I could be doing. I have four boys, Mr. Manager, and catching baseball is part of -- Vice Chairman Teele: Are you still a member of the Dade County Finance -- Housing Finance? Mr. Brito: Yes, I am, sir. I am a member. I have been a member for a number of years. I'm exact -- the vice chair at this moment, and I viewed it and I saw it as a plus because of the possible funding sources that couldn't be brought to -- Vice Chairman Teele: Leverage. Mr. Brito: Exactly, sir, so again, thank you for your indulgence and -- Mr. Arriola: Thank you. Vice Chairman Teele: Adios. 144 March 27, 2003 Mr. Arriola: Mr. Chair. Vice Chairman Teele: Commissioner -- before you do, Commissioner Sanchez and then the Manager. Commissioner Sanchez: Thank you, Mr. Chairman. First of all, let me just say that Ordinance 12082, which was created -- created the new chapter, the Community Revitalization, and created the Model Cities Home Trust. It's one that I know very well. Yes, it was amended numerous times, for whatever reason, but I'm going to read what is basically says, and Commissioner said it very clearly, that the City Commission approved the establishment of seven community revitalization districts in the City of Miami in the efforts to begin with the Model City neighborhood. We realize, the entire Commission, including myself, the need of the residents of the Model City and the need that Commissioner Teele had for the people that he represents. In those discussions I have patiently waited my turn, allowing the City to focus all the resources and attention on the Model Cities Homeowners Trust that was established in 1999. I -- looking at the blue pages, as Commissioner Teele is discussing his blue pages, there is an item here, "H," which reads "Discussion and motion to organize, activate, and provide initially funding in the Little Haiti homeownership zone." It is well known that my District was going to be the follow - - the following District (UNINTELLIGIBLE) homeowners. As a matter of fact, it was discussed in this Commission. It was passed through an ordinance on first reading, which it was discussed July 26, 2000, and at this time I want to make sure that everybody has the record, so there are -- the records are on the floor. "Whereas the City identified the Little Havana Community Revitalization District as the next area to undergo comprehensive redevelopment." As a matter of fact, $140,000 was put to start it up. Taking into consideration the City's financial situation out of the kindness of my heart, I didn't pursue it because I didn't want to take the resources out of the efforts to create the Model Cities, which I clearly support. However, I'm a little offended -- since we're talking about being offended -- that Commissioner would have this discussion item as to have Little Haiti being the next one. If you look at records here, I even have Gwendolyn Warren, which at that time was the director, and Warren said "The Commission has, through a resolutions, nominated East Little Havana as the next community revitalization district," so it is very clearly that the next district, which is also a very poor district to start the revitalization, is Little Havana, so being that Commissioner Teele withdrew some of the items, and I'm going to be respectfully requesting that he withdraw Item H from his blue sheet. Vice Chairman Teele: Sir, I absolutely will not. The fact of the matter is, is that if -- I mean, you -- the fact of the matter is, is that you spent a considerable amount of time helping me, and I appreciate all the help I can get in matters relating to my District, but it just seems to me that my District shouldn't have to wait until you move your legislation because it's been more than a year, and I would have thought that you would have taken care of your District, but -- and I second it and supported the notion that you'd go next, but the understanding was you would have gone about six months ago, and I don't think there's any reason to hold up the whole thing because you haven't moved your District, so there are six of them. We're obliged -- there are seven of them. By the Five -Year Plan, we're obliged to comply with the Five -Year Plan as a condition of our CD dollars, and we're going to be at the end of five years before we get the second one done, and I was moving Little Haiti to give the Manager something that I could work 145 March 27, 2003 with alone because if he wants to design one and work on it, you know, there's got plenty to do, and so, when we get to that, we can discuss it, but this is the Model Cities one, but I certainly intend not to stay behind your cue any longer. I'm going to move my District agenda forward, and as long as I'm not spending money from the City coffers, but sending [sic] it from the resources that I'm beginning to make available for this, I'm going ahead, and you know, you can continue to do what you want to do. You've got plenty on the agenda relating to my District today and that's fine Commissioner Sanchez: Well -- and -- Vice Chairman Teele: -- but right -- Commissioner Sanchez: Would you yield, Art? Vice Chairman Teele: -- now we're dealing with Model Cities, and I'm not about to deal with the Little Haiti issue now. I want to deal with the Model City, if I could. Commissioner Sanchez: Well, you know, Commissioner Teele, you -- and I really -- I'm a very diplomatic person. The last thing I want to do is, you know, disrespect anybody, but you know -- Vice Chairman Teele: Thank you. Commissioner Sanchez: -- you could disrespect me, just like you've done in this Commission a couple of times, turning issues into a racial issue, or calling me Willie Lish (phonetic), or calling me anything you want; it really doesn't bother me, but when you betray and you do this thing, you're basically going after my continuants, who I represent, and that's a terrible injustice when you do that. I did it out of the kindness of my heart because we -- the City was in a financial crisis, and all I would have done was taken resources out of your District. All I would have done hampered the Model Cities effort, OK, and when you do this, this is clearly a retaliation against me -- Vice Chairman Teele: No, it is not. Commissioner Sanchez: -- for questioning your authority at the CRA (Community Redevelopment Authority), and not question your authority, but question your action, when I'm entitled to question your authority or your actions. I have supported your District in every aspect. I supported the CRA when I gave you $5,000,000 -- each Commissioner here gave you $5,000,000 when this City was in financial crisis. I gave you money out of a project that I had in my District that was going to -- I was going to lose the money, and I said I will not allow for us to lose the money; have Commissioner take that money. I supported your Model City. I supported every issue that has come up, and I'll bring the records up because it's based on a fact, sir, and I have the facts, and when you have the facts and you are an attorney, you argue the facts, and what you've done is an injustice to the people that I represent in my community, and I'm asking you, kindly, to con -- to do the same consideration and respect that I had for you and your District to allow me to continue on now that money is available. Because if you're saying that money is available, I've waited long enough and it's my turn now. For you to do that, when 146 March 27, 2003 each Commissioner up here has sacrificed funds from his Districts [sic] to help you, what you've done, sir, is an injustice to the residents and the voters of my District, and they'll hear about this, and I'll yield to you, and then I'll debate it some more because I'm prepared to debate this any day of the week, twice on Sunday, to the late early mornings tomorrow. Vice Chairman Teele: Commissioner, let me remind you that 80 percent of the CRA district is in a district that is chaired by another Commissioner, so every time you make those references, you know, you obviously are factually narrow, but the item of Little Haiti and the movement of another revitalization district has nothing to do with your District or the CRA, and in fact, the reason that the Model City dollars are available is because I took the leadership, over very strong community opposition, to remove the Section 8 nonconforming buildings, and it is the Section 8 nonconforming buildings that have generated the tremendous windfall of -- do you know how much money, Madam Director? -- so, you know, let's make the record very, very clear. It is the Section 8 windfall of the removal of all of that Section 8 stock that was non -code compliant, and cancellation of those contracts that has generated well over $10,000,000 of the dollars that are involved, but again, I am prepared, at the right time today, to move forward with Little Haiti without CD dollars, without CD dollars, but there is no reason at all that this community should wait while a Commissioner try to figure out how to move his program, and I respect you and I respect your District, but I will say to you that it was my understanding you were going to move this thing over a year ago or at least six months ago and certainly in time as a part of this budget consideration in CD. You didn't bring it up one time. Not one time has the word "homeownership zone" in your District been brought up in the context of CD funding, and so, you know, to move forward now is to move forward in next year's funding. We're talking now about October of 2005 if I move forward now, so I mean, you know -- I realize, you know, that we all have our own challenges and opportunities, but the item today on the agenda is the Model Cities Trust, and I'm going to yield to Commissioner Regalado, the Chair, so that I can make a motion for the purpose of trying to close out the Model Cities Trust by asking that the Item 33 that was deferred be rescinded. Commissioner Sanchez: Commissioner Teele, we are not done with this debate and -- Vice Chairman Teele: Say again. Commissioner Sanchez: We're not done with this debate. I'm telling you, we're not done with this debate. Vice Chairman Teele: Sir, we can debate all day and all night and into tomorrow and we'll still be where we are -- Commissioner Sanchez: Well -- Vice Chairman Teele: -- and I think we ought to -- Commissioner Sanchez: Well, your Item H is going to require a vote from this Commission, and I'll -- 147 March 27, 2003 Vice Chairman Teele: Maybe -- Commissioner Sanchez: -- debate it then, when you -- Vice Chairman Teele: -- maybe not. Commissioner Sanchez: -- bring it to the Commission. Vice Chairman Teele: I can get money without getting a vote from this Commission, and that's what I'm about to do -- Commissioner Sanchez: But see -- Vice Chairman Teele: -- so -- see -- but in any event, Mr. -- Commissioner Sanchez: -- Commissioner Teele -- Commissioner Regalado: Let me -- Commissioner Sanchez: -- you -- Mr. Chairman, who's chairing this? Let me just say something. Vice Chairman Teele: Commissioner Regalado is chairing, and I've ask for permission -- Commissioner Regalado: I'm chairing. Vice Chairman Teele: -- to move to reconsider item number 33 for the purpose of approving Item 33 because I think it's important to send the signal to the Manager and the Trust that if the Manager's got confidence in someone, I'd like to have the Manager have that appointment there, and so, respectfully, I would move to reconsider Item 33 that was previously deferred to the next meeting. I would so move. Commissioner Regalado: OK, we have a motion to reconsider. Do we -- Commissioner Sanchez: Second. Commissioner Regalado: -- have a second? Second. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Regalado: Motion is reconsidered. 148 March 27, 2003 The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 03-285 A MOTION TO RECONSIDER PRIOR MOTION TO DEFER TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR APRIL 10, 2003 PROPOSED RESCINDING OF RESOLUTION NO. 01-637 AND RESOLUTION NO. 02-547 AND CONFIRMING THE CITY MANAGER'S NOMINATION OF CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Vice Chairman Teele: I would move to approve the nomination of Mr. Norman Powell, a distinguished Attorney, Item number 33, as recommended by the City Manager. I would so move. Commissioner Regalado: We have a motion and we have a second. Alejandro Vilarello (City Attorney): Mr. Chairman. Commissioner Regalado: Do we have a second? Mr. Vilarello: Mr. Chairman. Commissioner Regalado: Yes. Mr. Vilarello: That's the substitute resolution. Vice Chairman Teele: This is substitute resolution, number 33, the Manager's recommendation. Commissioner Regalado: OK. We still need a second to -- Commissioner Gonzalez: Second. 149 March 27, 2003 Commissioner Regalado: OK, we have a second, Commissioner Gonzalez. All in favor, say aye. 11 The Commission (Collectively): Aye. Commissioner Regalado: It passes. The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 03-286 A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION NO. 01-637 AND RESOLUTION NO. 02-547 AND CONFIRMING THE CITY MANAGER'S NOMINATION OF CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE MODEL CITY HOMEOWNERSHIP TRUST. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Vice Chairman Teele: And Mr. Manager, I want very much for there to be harmony on this issue. We've got six others to work through, and we, obviously, are going to have a lot of discussion about that, and I'd like to get your permission to meet with your staff, Community Development, and Ms. Haskins and let's see if we can't resolve all of the issues so that at the next meeting we can go forward with the kind of legislation because, as Commissioner Sanchez has said correctly -- you know, if this Trust doesn't fully comply with CD rules, it's going to affect the entire city, and we need to do -- bring this into compliance. Commissioner Sanchez: Well -- Mr. Arriola: I just want to -- Commissioner Regalado: OK. Commissioner Sanchez: If I may on that, that's always been a concern that I've had, and that concern be that we, this City, has not done a very good job at complying with HUD (Department of Housing and Urban Development) regulations, and we are faced right now on both the Model 150 March 27, 2003 City and the CRA where we are in clear violation of certain rules, and the Model City Trust, Revitalization Trust, we are clearly in violation of land banking, we are clearly in violation of relocation act and environmental issue. That is of great concern to me because when HUD comes after us, we're not only going to have to give that money, it's going to have to come out of our general fund, affecting the entire city, and you know that better than I do, Mr. Teele. Vice Chairman Teele: And, Commissioner, you're right, except for one thing. The Model Cities Trust did not do it. The City of Miami -- and Ms. Gonzalez [sic], if I'm wrong, let's correct the record, but the acquisition and the staffing of the acquisition and the legal work for the acquisition was done by the City of Miami, and it's not fair to keep blaming the Trust, as you keep spreading it all over the record. It makes great copy, but it's not correct, and Ms. Gonzalez [sic], you -- Ms. Rodriguez, you need to correct the record or state on the record who did the acquisition. Did Model Cities Trust do the acquisition, the vast majority of it, or did the City of Miami do it? Barbara Rodriguez (Director, Community Development): The City of Miami did the buying of the land. Vice Chairman Teele: So, if there's a violation of the land banking, let's be very clear, it's the City of Miami. Now, obviously, the Trust is the heir or is the successor to that, and so we're all in it together -- Ms. Rodriguez: Correct. Vice Chairman Teele: -- and that's the message that Mr. Range and Ms. Jones and all of the members of the Trust are trying to communicate, that this is a partnership, and it's no -- it doesn't do any good, except for someone who wants to get a good -- Ms. Rodriguez: And, Commissioner -- Vice Chairman Teele: -- you know. Ms. Rodriguez: -- the best thing that you've said is that we need to swap dollars, and I think, from the beginning, when we noticed that there was going to be a land banking issue, the Administration never stated that they wanted the program to end. What we said was leave the funds for the project; just switch what has happened, because right now there is a potential of a disallowed cost, and yes, the project is out of compliance, and there is $4,100,000 out there that could come back to haunt us, so from the beginning this Administration stated let's swap the dollars with other funds and leave these funds for the time that the construction comes up and other types of services that it is allowable and will not cost the City or the Trust or those clients to buy these houses with these restriction. Commissioner Sanchez: And that even strengths [sic] my argument here, Commissioner Teele. You're sitting on millions and millions of dollars when we are facing 21 percent cut. I mean, we're in a tight situation and you're not going to be able to use that money. That money is going 151 March 27, 2003 to have to go back, and that even strengthens my argument here for us, an entire -- the community to utilize those funds. It's -- how greedy can you get, sir? Vice Chairman Teele: Mr. Chairman, if I may. All of those dollars can be used for infrastructure. All of those dollars can be used for over $8,000,000 or $12,000,000 of civil work that is projected in the plan, and yes, I'm prepared to switch the dollars, but again, there has been a rule in this City that when dollars are switched, they stay within the community that they came. That has been the rule long before you got here, sir, and that will continue to the rule unless you know there's going to be a total chaos. You're not going to take money from one community and ship it to the other. This Commission has voted against that consistently, and all that we're saying is simply this: There's no windfall of dollars here. There's no windfall of dollars, even though you're trying to characterize it is such. Those dollars were projected for the Model Cities Trust, the homeownership bond money. It's for the Model Cities area. If you apply those homeownership dollars in the matter for the land, we can use the CD dollars for the infrastructure. It's just that simple. It's not a question of greed. It's not a question of excess. It's a question that we don't have enough money to do the plan, but we'll get into that and -- Commissioner Sanchez: Mr. Chairman, if I may? Vice Chairman Teele: Mr. Chairman. Commissioner Regalado: Yes, sir. Commissioner Sanchez: Mr. City Attorney -- Commissioner Regalado: You're recognized -- Commissioner Sanchez: -- the resolution -- Commissioner Regalado: Commissioner Sanchez. Commissioner Sanchez: -- that was passed July 10, 2001, that was -- came for first reading, then it was deferred, and it never came back; it fell through the cracks. I would ask that that resolution come back to this Commission for second reading, and it's pertaining to the Little Havana Homeownership Trust, at the next Commission meeting. Mr. Vilarello: Yes, sir. Vice Chairman Teele: All right. If that is it, Mr. Chairman, then the issue of Model Cities Trust is resolved. Madam Clerk, would you read into the record the name of the board members as based upon the Commission action today? Priscilla A. Thompson (City Clerk): We have Ms. Shalley Jones. Vice Chairman Teele: When does her term expire? 152 March 27, 2003 Ms. Thompson: According to our records, July 10, `05. We just had appointed today; you confirmed Mr. Norman Powell. We have Mr. Patrick Range. We have Ms. Lucia Dougherty, Mr. Hector Brito, Father Kenneth Major, and as the public advocate, Vincent Mitchell. Vice Chairman Teele: And for that, Mr. Manager, I'm required, under the ordinance, to hold one public hearing a year. That public hearing has not been held. I would like to coordinate with your office and the public advocate for the time that's convenient for you, and if you would like, I would very much like for you to be a part of the public hearing on the Model Cities Trust. That'll be the first one that we've held. Mr. Arriola: Thank you, sir. We'll do it. Vice Chairman Teele: Thank you, Mr. Manager. All right. Commissioner Regalado: OK. You're Chair again, sir? Vice Chairman Teele: Yes, sir. Commissioner Regalado: OK. 23. DEFER TO COMMISSION MEETING CURRENTLY SCHEDULED FOR APRIL 10, 2003, PROPOSED APPROVAL OF FINDINGS OF EVALUATION COMMITTEE PURSUANT TO REQUEST FOR PROPOSAL NO. 02-03-010, FOR WORKERS COMPENSATION CLAIMS ADMINISTRATION (PART I SERVICES); GENERAL, AUTOMOBILE AND PROFESSIONAL LIABILITY HANDLING CLAIMS ADMINISTRATION (PART II SERVICES), AND/OR MANAGED CARE SERVICES (PART III SERVICES). (See #4.17 & 7). Vice Chairman Teele: All right. What is the Commission's pleasure regarding the next -- ? Commissioner Sanchez: CA -20, Mr. Chairman. Vice Chairman Teele: Say what? Commissioner Sanchez: CA -20. Vice Chairman Teele: CA -20. Commissioner Regalado: After we do CA -20, we have many people here on zoning matters, and although we have done -- we have not done the blue pages, I think that, out of courtesy -- Oh, we still have the -- Vice Chairman Teele: We haven't done the white pages. Commissioner Regalado: No, but the blue pages come before the white pages. 153 March 27, 2003 Vice Chairman Teele: All right. According to the rule that Commissioner Regalado is imposing, which is a proper one, after CA -20 we will go to the zoning items because those involve substantially the public, and we'll hear all of the zoning items, and then we'll come back and finish up the regular agenda -- Commissioner Gonzalez: Mr. Chairman -- Vice Chairman Teele: -- if that's satisfactory? Commissioner Gonzalez: -- I would like to ask my colleagues to defer CA -20. We have -- we still have most of this agenda, plus another agenda like this one on zoning, and you know, we're going to be here -- I don't know if we're even going to be able to complete the agenda today even if we stay here until 4 a.m. I'm the morning, so could we please -- ? Commissioner Regalado: But excuse me, I cannot stay until 4. I have to stay until 3:30 -- Commissioner Gonzalez: Until 3 o'clock -- Commissioner Regalado: -- because I got to be -- Commissioner Gonzalez: -- because he's got to be at -- Commissioner Regalado: -- at work at 4. Commissioner Regalado: -- got to be at work, right. Vice Chairman Teele: All right. Commissioner Gonzalez: So could we -- Commissioner Regalado: So, if we can -- I work until 3:30 (UNINTELLIGIBLE) -- Vice Chairman Teele: All right. Well -- Commissioner Regalado: -- no problem. Vice Chairman Teele: -- let's don't start taking this (UNINTELLIGIBLE). Commissioner Sanchez, there's a request that the item be deferred. Will you defer the item? Commissioner Sanchez: Mr. Chairman, I always respect my colleagues. It depend -- you know, reference deferral, so I'm willing to accept the deferral. Vice Chairman Teele: Did you want to defer it -- Commissioner Gonzalez: Thank you. Vice Chairman Teele: -- to the next meeting? 154 March 27, 2003 Commissioner Gonzalez: For the next meeting. Vice Chairman Teele: All right. Motion by Commissioner Gonzalez that Item CA -20 be deferred. Is there a second? Commissioner Regalado: I'll second it. Vice Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All those opposed, say "no." The item is deferred. The following motion was introduced by Commissioner Gonzalez, who moved for its adoption: MOTION NO. 03-287 A MOTION TO DEFER TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR APRIL 10, 2003, AT A TIME CERTAIN OF 9:15 A.M., PROPOSED APPROVAL OF FINDINGS OF THE EVALUATION COMMITTEE PURSUANT TO REQUEST FOR PROPOSAL NO. 02-03-010, FOR WORKERS COMPENSATION CLAIMS ADMINISTRATION (PART I SERVICES); GENERAL, AUTOMOBILE AND PROFESSIONAL LIABILITY HANDLING CLAIMS ADMINISTRATION (PART II SERVICES), AND/OR MANAGED CARE SERVICES (PART III SERVICES). Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Commissioner Regalado: But just -- Mr. Chairman, just -- I think that Commissioner Sanchez was right. This is a very important. We have dealt with this hours and hours and hours. We need to bring this, if possible, the earliest time on the first meeting of April and deal with it, you know, because this is the black hole of the City of Miami, one of them, and so I hope that we can -- maybe we could set it a time certain in the morning -- Alejandro Vilarello (City Attorney): Time certain. 155 March 27, 2003 Commissioner Regalado: -- if you want to, Mr. Chairman? Commissioner Gonzalez: You want to set it 10 a.m. in the morning -- Vice Chairman Teele: 8:30. Commissioner Regalado: 10 a.m. Commissioner Gonzalez: --time certain? Fine with you? 10 o'clock in the morning. Vice Chairman Teele: What time are you through in the morning? Commissioner Regalado: 9. Vice Chairman Teele: Why don't we set it for 9:15 and do it as the first item; get it out of the way? Commissioner Regalado: OK. Vice Chairman Teele: Is that all right? Commissioner Gonzalez: 9:15. Vice Chairman Teele: That's contained in the motion to defer. It'll be deferred to the next meeting at 9:15 am. Commissioner Sanchez: OK. Vice Chairman Teele: All right, somebody please -- Joe Arriola (City Manager): Sure. Vice Chairman Teele: -- inform Commissioner Winton. 156 March 27, 2003 24. WITHDRAW PROPOSED ORDINANCE AMENDING ORDINANCE NO. 11000, CITY'S ZONING ORDINANCE, BY AMENDING ARTICLE 10, ENTITLED "SIGN REGULATIONS", IN ORDER TO MODIFY AND CLARIFY PROVISIONS RELATED TO SIGNAGE REQUIREMENTS AND LIMITATIONS, BY ADDING MURAL AND JUMBO- TRON SIGNS CONDITIONALLY AND TO MODIFY PROVISIONS RELATED TO AWNING SIGNS; AMEND ARTICLE 25 ENTITLED "DEFINITIONS," TO ADD NEW DEFINITIONS. Vice Chairman Teele: All right. Madam Clerk, would you ask that everyone that's here on the PZ (Planning & Zoning) items stand and be sworn? Commissioner Regalado: Ringo, remember Ringo. He was there, and you told him to come back. Priscilla A. Thompson (City Clerk): If you are here and you will be speaking on any of the PZ items that are listed on our agenda, I need you to please stand raise your right hand. Vice Chairman Teele: I'm advised, Ringo, that they're still working on the numbers back there, and they're even pulling items off as we speak. The Mayor's office just called me and asked for a change on something, so it's going to be at the end of the agenda, so you can go home and take a shower, have a nap and come back. Ms. Thompson: If you are going to be speaking on any of the PZ items that are on our agenda, will you please stand. We have an interpreter here, sir, both Spanish and Creole. Would you like for them to also interpret? The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues (as translated by Spanish and Creole interpreters). Ms. Thompson: Thank you. Vice Chairman Teele: All right. Are there any items to be deferred or withdrawn from the Planning agenda? Lourdes Slazyk (Assistant Director, Planning and Zoning Department): Yes. The Administration -- Vice Chairman Teele: Your name for the record, ma'am. Ms. Slazyk: Thank you. Lourdes Slazyk, Assistant Director, Planning and Zoning Department. The Administration is withdrawing PZ -19. Vice Chairman Teele: Did you say 19? Ms. Slazyk PZ -19 is being withdrawn. 157 March 27, 2003 Joel Maxwell (Deputy City Attorney): You're deferring it -- you're continuing it for 60 days, I believe, not -- Are you withdrawing 19? Ms. Slazyk: My understanding was we were going to take it back to the Planning Advisory Board because it's going to come back to the Commission -- yes, this is a sign ordinance revision. Alejandro Vilarello (City Attorney): Withdraw it. That's what -- Ms. Slazyk Yes, it's going to go back to the Planning Advisory Board. I'd rather withdraw it so that we can readvertise it. Commissioner Sanchez: (INAUDIBLE) PZ item is this? Ms. Slazyk 19, it's an amendment to the sign ordinance. Vice Chairman Teele: 19 is withdrawn. Why don't we do it by motion? Is there a motion to withdraw at the request of the administration? Commissioner Sanchez: So move. Vice Chairman Teele: Is there a second? Commissioner Gonzalez: Second. Vice Chairman Teele: All those in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: So this item is withdrawn. The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 03-288 A MOTION TO WITHDRAW PROPOSED ORDINANCE ON SECOND READING AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 10, ENTITLED "SIGN REGULATIONS", IN ORDER TO MODIFY AND CLARIFY PROVISIONS RELATED TO SIGNAGE REQUIREMENTS AND LIMITATIONS, BY ADDING MURAL AND JUMBO-TRON SIGNS CONDITIONALLY AND TO MODIFY PROVISIONS RELATED TO AWNING SIGNS; FURTHER AMENDING ARTICLE 25 ENTITLED "DEFINITIONS," TO ADD NEW DEFINITIONS. 158 March 27, 2003 Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Commissioner Angel Gonzalez Vice Chairman Teele: Now does that mean it's got to go back for first reading? Mr. Vilarello: It has to -- it's going back to the Planning -- Mr. Maxwell: It'll go through the whole process. Vice Chairman Teele: It'll go through the whole process. Ms. Slazyk: Right, this way we can advertise. 25. CONTINUE TO COMMISSION MEETING CURRENTLY SCHEDULED FOR APRIL 24, 2003, CONSIDERATION OF: PROPOSED ORDINANCE AMENDING ORDINANCE NO. 10544, FUTURE LAND USE MAP OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING LAND USE DESIGNATION FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; AND PROPOSED ORDINANCE AMENDING PAGE NO. 9 OF ZONING ATLAS OF ORDINANCE NO. 11000, CITY'S ZONING ORDINANCE, SECTION 401, BY CHANGING ZONING CLASSIFICATION FROM R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL TO C- 1 RESTRICTED COMMERCIAL AT 544 NE 78TH STREET. Vice Chairman Teele: All right. Next one. Lourdes Slazyk (Assistant Director, Planning and Zoning Department): PZ -22 and 23 are going to be continued. We would ask for 30 days at this time to the meeting of April. Vice Chairman Teele: 20 what? Ms. Slazyk: 22 and 23. Vice Chairman Teele: Motion to de -- Commissioner Gonzalez: Move to continue, right? Vice Chairman Teele: -- to continue Items 22 and 23 to the second meeting in April? 159 March 27, 2003 Ms. Slazyk: Yes, that's correct. Vice Chairman Teele: It's moved by Commissioner -- Commissioner Regalado: I move it. Vice Chairman Teele: -- Regalado. It's seconded by -- Commissioner Gonzalez: Second. Vice Chairman Teele: -- Commissioner Gonzalez. Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All opposed, say "no." The items are continued. The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 03-289 A MOTION TO CONTINUE TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR APRIL 24, 2003, CONSIDERATION OF: �RDINANCE PROPOSED ORDINANCE ON FIRST READING AMENDING NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL" AT 544 NE 78TH STREET; AND • PROPOSED ORDINANCE ON FIRST READING AMENDING PAGE NO. 9 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL AT 544 NE 78TH STREET. 160 March 27, 2003 Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Joel Maxwell (Deputy City Attorney): 26 and 27. 26. CONTINUE TO COMMISSION MEETING CURRENTLY SCHEDULED FOR APRIL 24, 2003, CONSIDERATION OF: PROPOSED ORDINANCE AMENDING ORDINANCE NO. 10544, FUTURE LAND USE MAP OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, BY CHANGING LAND USE DESIGNATION FROM "CONSERVATION" TO "RECREATION"; AND PROPOSED ORDINANCE AMENDING PAGE NO. 25 OF ZONING ATLAS OF ORDINANCE NO. 11000, BY CHANGING ZONING CLASSIFICATION FROM CS CONSERVATION TO PR PARKS AND RECREATION SOUTHEAST PORTION OF SEWELL PARK AT 1815-1825 NW SOUTH RIVER DRIVE. Vice Chairman Teele: Anything else? Lourdes Slazyk (Assistant Director, Planning and Zoning Department): Yes. We're also going to be continuing the Sewell Park item, which is Items 26 and 27. Commissioner Gonzalez: 27. Vice Chairman Teele: 26 and 27. Is there a motion by Commissioner Regalado to -- Commissioner Gonzalez: Move -- Vice Chairman Teele: -- continue -- Commissioner Gonzalez: -- 26 and 27. Vice Chairman Teele: -- them? By Commissioner Gonzalez. Commissioner Sanchez: Second Vice Chairman Teele: Second by Commissioner Sanchez. Is there objection? Joel Maxwell (Deputy City Attorney): The date for continuation. 161 March 27, 2003 Vice Chairman Teele: How long do you want to continue them? Ms. Slazyk: April is fine. Vice Chairman Teele: Second meeting in April? Ms. Slazyk: That's correct. Vice Chairman Teele: Second meeting in April. Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All opposed have the same right. It's continued. The following motion was introduced by Commissioner Gonzalez, who moved for its adoption: MOTION NO. 03-290 A MOTION TO CONTINUE TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR APRIL 24, 2003, CONSIDERATION OF: �RDINANCE PROPOSED ORDINANCE ON FIRST READING AMENDING NO. 10544, AS AMENDED, FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, BY CHANGING LAND USE DESIGNATION FROM "CONSERVATION" TO "RECREATION" AT 1815-1825 NW SOUTH RIVER DRIVEL; AND • PROPOSED ORDINANCE ON FIRST READING AMENDING PAGE NO. 25 OF ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, BY CHANGING ZONING CLASSIFICATION FROM CS CONSERVATION TO PR PARKS AND RECREATION SOUTHEAST PORTION OF SEWELL PARK AT 1815-1825 NW SOUTH RIVER DRIVE. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton 162 March 27, 2003 27. WITHDRAW PROPOSED RESOLUTION TO CLOSE, VACATE, ABANDON AND DISCONTINUE FOR PUBLIC USE PORTION OF PUBLIC RIGHT-OF-WAY PORTION OF AN ALLEY BETWEEN NE 2ND AVENUE AND BISCAYNE BOULEVARD NORTH OF NE 20TH TERRACE. Lourdes Slazyk (Assistant Director, Planning and Zoning Department): OK. Item number 4, the applicant is here to withdraw. Steve Helfman: We'd like to request -- Steve Helfman, 2665 South Bay Drive. I'd like to request a withdrawal on PZ Item 4. Commissioner Sanchez: So move. Commissioner Gonzalez: Second. Vice Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All opposed? The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 03- 291 A MOTION TO WITHDRAW FROM TODAY'S AGENDA PROPOSED RESOLUTION TO CLOSE, VACATE, ABANDON AND DISCONTINUE FOR PUBLIC USE A PORTION OF A PUBLIC RIGHT-OF-WAY PORTION OF AN ALLEY BETWEEN NE 2ND AVENUE AND BISCAYNE BOULEVARD NORTH OF NE 20TH TERRACE. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Mr. Helfman: Thank you. 163 March 27, 2003 28. DENY APPEAL OF ZONING BOARD DECISION, WHICH DENIED APPEAL BY MR, ANDRE J. ZAMORANO, ESQUIRE, OF CLASS II SPECIAL PERMIT, TO ALLOW PERMANENT ROAD IMPROVEMENTS IN BAYFRONT PARK IN ASSOCIATION WITH TEMPORARY EVENT AT 401 BISCAYNE BOULEVARD (Applicant(s): City of Miami, Owner, City of Miami, Lessee, Raceworks, LLC. Vice Chairman Teele: Yes, ma'am. Please proceed. Lourdes Slyzak (Assistant Director, Planning and Zoning Department): PZ -1 is an appeal of a Class II Special Permit. This was in order to conduct work in Bayfront Park. The work was in conjunction with a race in the park, but the Class II Special Permit was not for the event. It was for the actual physical work that was done in Bayfront Park. The City Commission had remanded this back to the Zoning Board, as you may recall, in order to make more findings for each of the criteria in 1305 and take it back to the Zoning Board and back to this Commission. The Planning and Zoning Department has done that, and the Zoning Board has recommended denial of the appeal, and it's here before you. The additional findings are in your package. Vice Chairman Teele: Is there anyone here from the applicant? Ms. Slazyk: From the appellant. Vice Chairman Teele: Well, why are we talking about this? Ms. Slazyk Yeah, it was the appellant. I don't see them. Vice Chairman Teele: Is the appellant here? All right. Mr. Attorney, what's the proper motion? Joel Maxwell (Deputy City Attorney): Because it is an appeal and because of the potential for it going further, I would ask that you do allow staff to put on a brief presentation and then incorporate the rest into the record for purposes of the record. Vice Chairman Teele: A brief presentation. Ms. Slazyk I'm just going to read the new findings into the record. It is found that the proposed work by providing wider roadways through the park with the interconnectivity and stabilized base offers safe and convenient ingress and egress to Bayfront Park for both automobiles and pedestrians and further convenient access for fire and other emergency vehicles. The next criteria was off-street parking and loading. It is found that the proposed work has no effect on the off-street parking and loading. Next was refuse and service areas. It is found that the proposed work has no effect on refuse and service areas. Signs and lighting, the same; it is found that the proposed work has no effect on signs and lighting. Regarding utilities, it is found that the proposed work has complied with the code requirements regarding utilities and will therefore have no adverse effects from such on Bayfront Park. The next was drainage. It is found that the proposed work has complied with code requirements regarding drainage as specified in the Florida building code and will therefore have no adverse effects on drainage conditions in the park, and finally, preservation of natural features. The proposed work by providing for tree 164 March 27, 2003 relocation and mitigation, as specified in the plans, will have no adverse effect on preservation of natural features. The final one is on control of potentially adverse effects. It is found that the proposed work involves permanent road improvements that are initially associated with a temporary event in Bayfront Park. The permanent improvements will add flexibility to the park that will make it more able to accommodate all sorts of other temporary events from races to festivals. Such improvements are found to be in keeping with the regional nature of Bayfront Park and that the benefits are to all residents and visitors within the region that is served by Bayfront Park. It is therefore found that the proposed work would have no adverse effects on the park and will be harmonious with future uses and events planned within the park and Biscayne Boulevard, and we recommend denial of the appeal. Vice Chairman Teele: Is there anyone here from the applicant that would like to be heard? Is there anyone here? If not, the public hearing's closed, Mr. Attorney, what is the appropriate motion based upon the staff recommendation and the evidence before us? Mr. Maxwell: It'll be a motion to deny the appeals and affirm the Zoning Board decisions of April 22, 2002, and February 24, 2003. Vice Chairman Teele: Will someone so move it? Commissioner Sanchez: So move. Vice Chairman Teele: Move by -- Commissioner Regalado: Second. Vice Chairman Teele: -- Commissioner Sanchez, second by Commissioner Regalado. Madam Clerk, call the roll. Note for the Record: A roll call was taken, the result of which are stated below. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-292 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, AFFIRMING THE DECISION OF THE ZONING BOARD THEREBY DENYING THE APPEAL BY MR, andRE J. ZAMORANO, ESQUIRE, OF CLASS II PERMIT APPLICATION NO. 02-007 ISSUED BY THE PLANNING AND ZONING DIRECTOR ON JANUARY 10, 2002, TO ALLOW PERMANENT ROAD IMPROVEMENTS IN BAYFRONT PARK IN ASSOCIATION WITH A TEMPORARY EVENT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 401 BISCAYNE BOULEVARD, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A." 165 March 27, 2003 Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton 29. DENY APPEAL OF HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD DECISION, WHICH APPROVED CERTIFICATE OF APPROPRIATENESS, AFTER -THE - FACT, FOR ENCLOSURE OF FORMER GARAGE DOOR AND PAVING AT 95 NE 47TH STREET Guillermo and Jane Herrera, Owners). Vice Chairman Teele: Next item. Sarah Eaton: Mr. Chairman, members of the Commission, Sarah Eaton, Preservation Officer for the City. PZ -2 is an appeal of a decision of the Historic and Environmental Preservation Board, which approved a Certificate of Appropriateness, after the fact, for an enclosure of a garage door. At least 20 some years ago, the applicant enclosed a garage door, a complaint was filed, and the NET (Neighborhood Enhancement Team) Office cited the owner for work without a permit. The owner, at the Historic and Environmental Preservation Board meeting, testified under oath that the work was done with a permit. The Historic and Environmental Preservation Board approved the work, after the fact, in effect, allowing the garage door enclosure to remain. The staff recommends that the appeal be denied and the decision of the Historic and Environmental Preservation Board be upheld because the work is consistent with the historic preservation ordinance. Vice Chairman Teele: I thought you said that the Board approved it. Ms. Eaton: Correct, but an individual appealed the decision of the Board. Vice Chairman Teele: And when did the Board approve it? Ms. Eaton: That was at the meeting of -- Jane Herrera: January 21St Ms. Eaton: January 21St. Thank you. Vice Chairman Teele: And the work was done 20 years ago? 166 March 27, 2003 Ms. Eaton: Correct. Ms. Herrera: It was more than 20 years ago. Vice Chairman Teele: All right. Yes, ma'am. Jane Herrera: My name is Jane Herrera. I'm living at 95 Northeast 47th Street. I am the person that Mr. Merker is talking about. I do have all my documents. I have a permit after the fact. The inspectors were out, the Public Works was out and checked everything, and everything is OK. I have all my documents here. Commissioner Regalado: Excuse me. You did that work how long ago? Ms. Herrera: That was in the 70's. I'm living there 32 years before historical preservation. Commissioner Regalado: So you did the work 20 some years ago? Ms. Herrera: Yeah. The garage door was broken. It fell on my foot when I was trying to stop it from falling on my daughter, and then the Fire Station was there. Our local Fire Station man told me, get a permit and take it out and I did, but I can't find my permits, so the City cannot find theirs either. Vice Chairman Teele: And when was it done? Ms. Herrera: In the 70's. Unidentified Speaker: Afterwards. Vice Chairman Teele: When was the Historic Board set up? Ms. Herrera: Eighty-six. Ms. Eaton: The Board was created in 1982. Vice Chairman Teele: Mr. Penelas, welcome. Luis Penelas: Thank you, and I apologize for wasting your time in this matter, but I represent -- Vice Chairman Teele: Your name. Mr. Penelas: I represent -- my name is Luis Penelas, 133 Northeast 47th Street. I'm the co-chair of the Buena Vista East Neighborhood -- Historic Neighborhood Association. If I may, I would like to approach the dais with a letter for the Commissioners? Vice Chairman Teele: Madam Clerk. 167 March 27, 2003 Mr. Penelas: We're here, a group of residents from the neighborhood. I'd like for them to stand up so you can see that we're in support of Ms. Herrera, and we urge you to deny this appeal. Please don't misunderstand this. It's not that we are against code enforcement. However, although we would like to see all our homes returned to their original structures, we understand that the hardships that some of these things can cause our residents. We want code enforcement. We want code enforcement that is done fairly and with compassion, and Ms. Herrera has been living in the neighborhood for over 30 years. Her family is on a fixed income, and this type of alterations to her home would cause undo hardship. She has not gone out and renovated. She hasn't done anything. She's just simply being picked on by somebody who doesn't even live in the neighborhood. Vice Chairman Teele: All right. Are there any other persons that are -- before you do, Mr. Penelas, would the people that are here from Buena Vista East please come forward and just put your name and address on the record -- Mr. Penelas: Yes, sir. Vice Chairman Teele: -- that Mr. Penelas said is supporting the app -- the homeowner. Just put your name on the record right here, ma'am. Just say your name and address. Mr. Penelas: Just say it in the mic. Vice Chairman Teele: Just say it. Real easy. Wendy Stephan: You want me to speak. I'm sorry. My name is Wendy Stephan. My address is 101 Northeast 43rd Street. Vice Chairman Teele: Hold it. What about her? Ms. Stephan: Zoe Stephan, age three and a half, also 101 Northeast 43rd Jane Russell: Hello. My name is Jane Russell. I live at First Avenue and 44th Street. Thank you. Nina West: Nina West, 176 Northeast 44th Street. One seven six Northeast 44th Street. Nina West. Vice Chairman Teele: And your name again? Ms. West: N -I -N -A W -E -S -T. Vice Chairman Teele: Thank you. Gregory Gay: Good evening, Commissioners. My name is Gregory Gay, also a City of Miami employee. I live at 110 Northeast 46th Street. 168 March 27, 2003 Yaar Guedryz: Yaar Guedryz. I live in the 133 47th Street. Vice Chairman Teele: Northeast or northwest? Mr. Guedryz: Northeast. Vice Chairman Teele: Thank you. All right. All right. Ma'am, did you have anything else you wanted to say? Ms. Herrera: Yes, sir. All this is going on because -- with Mr. Merker because at one of our board meetings five years ago, I had him thrown out and from that time, he has hated me. I stood up for the community -- Vice Chairman Teele: Ma'am. Ms. Herrera: -- because of all the things that he has been doing. Vice Chairman Teele: Let's don't -- Ms. Herrera: That's all. Thank you, Mr. Teele. Vice Chairman Teele: Please, let's don't discuss any personalities. Let's just stay with the issue. Thank you. You made a good presentation. Kenneth Merker: Hi. My name is Kenneth Merker, 4424 Northeast 1st Avenue. Let me give this to the Clerk to pass out to y'all. OK. To address this, this is not an issue of individuals. This is an issue of historic preservation, as the City ordinance 23.1, and it's a group of -- actually, a whole group of homeowners actually has met with the Mayor's Office in the last year addressing code enforcement in the neighborhood, but we're not here to discuss code enforcement. As Mr. Penelas was saying, this is an issue of code enforcement. We're here to address historic preservation to the City's ordinance. I personally sat on the Historic Preservation Board, under Sarah Eaton as the staff representative, back in 1996 and '97. In 2001 I was appointed to District 5 Historic and Environmental Preservation Advisory Board, and this is not a matter of an individual. This is a matter of what the Historic Preservation code says. It states that "The guidelines for issuing Certificates of Appropriateness of the proposed works shall not adversely affect the historic, architectural, or aesthetic character of the subject structure or the relationship and congruity between the subject structure and its neighboring structures and surroundings, including but not limited to form, spacing, height, yards, materials," et cetera. This is on the front page of the document that I provided for you all. I also provided you sections of the City code that outlines the purpose of the Historic and Environmental Preservation Board, what their duties are, and exactly what the code stands for and what they're supposed to follow the guidelines, the (INAUDIBLE) interior standards for rehabilitation. One item is that to approve, as the Board did, the enclosure, you can physically enclose a garage if you want to. Ms. Sarah Eaton's staff report to the Preservation Board on January 21st was not to maintain it as it is today, was that the structure, the enclosure, bring back the facade of a garage door. It was her staff s recommendation that she recorded, which is on -- I have a copy of the 169 March 27, 2003 tape here. Though the Board approved it, it had nothing to do with the Board's purpose as a Historic Preservation Board, as set forth by the City ordinance, and twice before, in the last few years, other properties came before the Board in the same manner. One was 121 Northeast 4e Street. The other one 151 Northeast 46th Street, where the board made the homeowner restore the garage door, and all we're asking is for congruity within the community and that the standards be followed according to the City's ordinance. Vice Chairman Teele: All right. Thank you very much, sir. Mr. Merker: Thank you. Vice Chairman Teele: All right. Madam Director, did you have anything else you wanted to add? Ms. Eaton: I'd just like to state on the record that the Historic and Environmental Preservation Board did find that because this work existed prior to the designation of Buena Vista East as a historic district, retaining the existing configuration would not adversely affect the historic architecture or aesthetic character of the subject property, or the relationship between this property and surrounding properties. Vice Chairman Teele: What was the vote of the Board? Ms. Eaton: Unanimous. Vice Chairman Teele: It was unanimous? Ms. Eaton: Yes. Vice Chairman Teele: All right. Thank you. Commissioner, would you preside, allow me to make a motion? Commissioner Regalado: Yes. Commissioner Teele is recognized. Vice Chairman Teele: I move that the Historic Board's decision be sustained, and that the appeal be denied without further action, so moved. Commissioner Regalado: OK. We have a motion. Do we have a second? Commissioner Sanchez seconded. All in favor say "aye." The Commission (Collectively): Aye. Commissioner Regalado: Four to zero. It passes. 170 March 27, 2003 The following resolution was introduced by Vice Chairman Teele, who moved its adoption: RESOLUTION NO. 03-293 A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL FILED BY KENNETH MERKER, AND AFFIRMING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, WHICH APPROVED WITH CONDITIONS A CERTIFICATE OF APPROPRIATENESS, AFTER THE FACT, FOR THE ENCLOSURE OF A FORMER GARAGE DOOR AND PAVING AT 95 NORTHEAST 47TH STREET, MIAMI, FLORIDA, LOCATED WITHIN THE BUENA VISTA EAST HISTORIC DISTRICT. (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: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Commissioner Regalado: Thank you very much. 30. DENY APPEALS OF HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD DECISION, WHICH DENIED APPEALS OF DECISION OF NET OFFICE, WHICH APPROVED TREE REMOVAL/TREE RELOCATION PERMIT IN CONJUNCTION WITH CONSTRUCTION OF MULTI -FAMILY PROJECT AT 2745-2833 COCONUT AVENUE (Applicant(s): Michael A. Luis, Owner). Vice Chairman Teele: Next item, please. Unidentified Speaker: Thank you. Sarah Eaton: Sarah Eaton, Preservation Officer for the City of Miami. PZ -3 is an appeal of a decision of the Historic and Environmental Preservation Board which denied, by virtue of a tie vote, two appeals of the NET (Neighborhood Enhancement Team) office, which approved tree removal for properties at 2745 to 2833 Coconut Avenue. Since that time all of the parties have agreed to a revised plan, and we, therefore, recommend that the appeals be denied and the decision of the NET office be modified to reflect the revised plans that have been produced by the developer, dated 3-21-2003, in which I will enter into the record today. 171 March 27, 2003 Vice Chairman Teele: All right. Would the parties that are here before us identify themselves and state your support for the recommendation? Tucker Gibbs: Yes. My name is Tucker Gibbs, with the law offices of Gibbs and Weiss (phonetic), at 215 Grand Avenue, in Coconut Grove. I represent Sandy Karlan and Joe Lupo, who are the adjacent property owners, and we accept the staff's recommendation because it includes more trees and our settlement agreement includes more trees, so thank you very much. Jim McMaster: Jim McMaster, 2940 Southwest 30th Court, Coconut Grove, president of the Grove Tree -Man Trust. We also accept the staff's recommendation because it provides more trees and actually saves some additional oak trees. Thank you. Adrienne Pardo: Hi. My name is Adrienne Pardo, with law offices at Greenberg Traurig, 1221 Brickell Avenue. I'm here on behalf of the property owner, and we're also in support of staff s recommendation. We would request that you accept it and make a motion in favor. Vice Chairman Teele: All right. Are there any other parties to be heard? If not, the public hearing's closed. Is there a motion to support the staff rec -- ? Commissioner Gonzalez: Move to accept the staff recommendation, Commissioner Teele. Commissioner Regalado: Second. Vice Chairman Teele: Mr. Attorney, did you want to embellish that in any way? Joel Maxwell (Deputy City Attorney): Yes, sir. That would be a motion to deny the appeal and approve as modified. Vice Chairman Teele: And approve as modified, supporting the recommendation. That motion is clear and it's made by Commissioner Gonzalez, second by Commissioner Regalado. Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All opposed have the same right. 172 March 27, 2003 The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-294 A RESOLUTION OF THE MIAMI CITY COMMISSION IN CONSIDERATION OF THE APEALS FILED BY SANDY KARLAN, JOE LUPO, AND THE GROVE TREE -MAN TRUST ("APPELLANTS"), MODIFYING, WITH A CONDITION, A DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB"), WHICH APPROVED A TREE REMOVAL/RELOCATION PERMIT IN CONJUNCTION WITH THE CONSTRUCTION OF A MULTI -FAMILY PROJECT LOCATED AT APPROXIMATELY 2745-2833 COCONUT AVENUE, MIAMI, FLORIDA. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton 31. SECOND READING ORDINANCE: AMEND ORDINANCE NO. 10544, FUTURE LAND USE MAP OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING LAND USE DESIGNATION FROM "INDUSTRIAL" TO "RESTRICTED COMMERCIAL" AT 615 SW 2ND AVENUE. (Applicant(s): William O, and Marjorie Brickell, Trustees and Riverfront Village LLC (Contract Purchaser). Vice Chairman Teele: Next Item. Tucker Gibbs: Thank you. Adrienne Pardo: Thank you. I just love the new chambers. Vice Chairman Teele: Item number 5. Lourdes Slazyk (Assistant Director, Planning and Zoning Department): PZ -5 and 6 are companion items for land -use and zoning change, 615 Southwest 2nd Avenue. Like I said, these are second reading. PZ -5 is the land -use change from industrial to restricted commercial; recommended for approval by the Planning and Zoning Department, approval by the Planning 173 March 27, 2003 Advisory Board, and passed by this Commission on first reading February 27. We recommend approval. Vice Chairman Teele: Is there anyone is opposition? Is there anyone in opposition? If not, the public hearing's closed. Is there a motion, by Commiss -- ? Commissioner Gonzalez: Mr. Chairman, move PZ -5. Commissioner Regalado: I'll second. Vice Chairman Teele: Mr. Attorney, would you read the title? The ordinance was read by title into the public record by the Deputy City Attorney. Vice Chairman Teele: All right. Madam Clerk, call the roll. Priscilla A. Thompson (City Clerk): Roll call. Vice Chairman Teele: Next item. Ms. Thompson: The ordinance is adopted on second reading, 3/0. An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN, BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROIXMATELY 615 SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA, FROM "INDUSTRIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 174 March 27, 2003 was passed on its first reading, by title, at the meeting of February 27, 2003, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Gonzalez, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Tomas Regalado NAYS: None. ABSENT: Chairman Johnny L. Winton SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12334. 32. (A) BRIEF COMMENTS BY VICE CHAIRMAN TEELE REGARDING TORNADO THAT HIT LIBERTY CITY. (See #77 & 104) (B) SECOND READING ORDINANCE: AMEND PAGE NO. 36 OF ZONING ATLAS OF ORDINANCE NO. 11000, CITY'S ZONING ORDINANCE, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING ZONING CLASSIFICATION FROM SD -4 WATERFRONT INDUSTRIAL DISTRICT TO SD -7 CENTRAL BRICKELL RAPID TRANSIT COMMERCIAL -RESIDENTIAL DISTRICT AT 615 SW 2ND AVENUE (Applicant(s): William O, and Marjorie Brickell, Trustees and Riverfront Village LLC (Contract Purchaser) Commissioner Gonzalez: Move PZ -6, Mr. Chairman. Commissioner Regalado: Second. Vice Chairman Teele: PZ -6 is moved. Is there a second? Commissioner Regalado: Second. Vice Chairman Teele: Is there discussion or objection? Mr. Attorney, read the title. Joel Maxwell (Deputy City Attorney): Public hearing item, Mr. Chairman. Vice Chairman Teele: Is there anyone from the pubic that would desire to come forward on the companion item for which the public hearing was held? Unidentified Speaker: Yes. Vice Chairman Teele: Is it raining? 175 March 27, 2003 Unidentified Speaker: Yes, it is, it is. It's raining a lot. Vice Chairman Teele: We've also been advised that a tornado touched down right in the heart of the Model City's Revitalization District while the discussion was going on, so maybe we conjured this up, but we're advised that there's been no serious loss of property or life at this time, and that the Manager is responding personally and with his staff, and Florida Power and Light is on the scene. The tornado did touch down apparently around 54th Street and 12th Avenue, is that correct? Unidentified Speaker: Yes, Commissioner. Vice Chairman Teele: All right. Thank you. Dick Bunnell: Thank you very much. My name is Dick Bunnell. I'm at 3033 Northwest North River Drive. The Miami River Marine Group would like to put in the record a letter in favor of the zoning request change of the property at Brickell Shipping. It follows the guidelines of the Miami River Urban Infill Plan and it meets the expectations of the new river. One of the things we'd like to bring to the City's attention, though, is that when these properties -- when these industrial sites are lost to industrial use, a number of boat slips are lost, and we're painfully aware that lost boat slips on the river that are not allowed to be replaced once they're destroyed are forever lost, and a provision should be created to bank these boats for future use, and we urge the City Commission to establish a method through which these slips could be banked for use in other areas of the river. Thank you very much. Vice Chairman Teele: Thank you very much. Brett Bibeau: I'll be very brief. Brett Bibeau, assistant director of the Miami River Commission, 4600 Rickenbacker Causeway. The Miami River Commission, in addition to the Miami River Marine Group, supports this zoning and land use change. We support it because it is in the lower river, the downtown section, and we believe that the change is appropriate. It is in correspondence with the Infill Plan. I just wanted to be clear that we're in support of this item because sometimes there's a misperception that the Miami River Commission and the Miami River Marine Group always oppose the removal of marine industrial zoning and that's not the case; we only oppose the removal of marine industrial when it's in the inappropriate location. Thank you for your time. Vice Chairman Teele: All right. Mr. Attorney, would you -- ? The public hearing is still open. Anyone else desiring to be heard? The public hearing's closed. Mr. Attorney, would you read the title? The ordinance was read by title into the public record by the Deputy City Attorney. Vice Chairman Teele: Madam Clerk. Priscilla A. Thompson (City Clerk): Roll call. Commissioner Sanchez? 176 March 27, 2003 Commissioner Sanchez: Yes, ma'am. Ms. Thompson: Is Commissioner Regalado in the room? Commissioner Sanchez: Four/fifths? Vice Chairman Teele: Call his name. Ms. Thompson: Commissioner Regalado? Vice Chairman Teele: Does it require four/fifths? Mr. Maxwell: No. Ms. Thompson: Commissioner Gonzalez? Commissioner Gonzalez: Yes, ma'am. Ms. Thompson: Vice Chairman Teele? Vice Chairman Teele: Yes. Ms. Thompson: The ordinance is adopted on second reading, 3/0. An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 35 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM SD -4 WATERFRONT INDUSTRIAL DISTRICT TO SD -7 CENTRAL BRICKELL RAPID TRANSIT COMMERCIAL - RESIDENTIAL DISTRICT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 615 SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A;" CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 177 March 27, 2003 was passed on its first reading, by title, at the meeting of February 27, 2003, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Gonzalez, seconded by Commissioner Regalado, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Commissioner Tomas Regalado SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12335. 33. SECOND READING ORDINANCE: AMEND ORDINANCE NO. 10544, FUTURE LAND USE MAP OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING LAND USE DESIGNATION FROM "SINGLE FAMILY RESIDENTIAL" TO "DUPLEX RESIDENTIAL" AT 2407 SW 6TH STREET (Applicant(s): Mesi, Inc.) Vice Chairman Teele: Next Item. Unidentified Speaker: Thank you. Lourdes Slazyk (Assistant Director, Planning and Zoning Department): PZ -7 and 8 are companion items for land use and zoning change at 2407 Southwest 6th Street. PZ -7 is the land use change. It was recommended for approval by the Planning and Zoning Department, approval by the Planning Advisory Board, and passed by this Commission on first reading February 27, 2003. We recommend approval. Eduardo De La Fuente: My name is Eduardo De La Fuente, 4925 Southwest 88 Court, on behalf of my daughter Anna Maria Garcia. Vice Chairman Teele: Are you here in opposition or in support? Mr. De La Fuente: Support. Vice Chairman Teele: Support? Mr. De La Fuente: Yes. Vice Chairman Teele: It's going your way. Anybody else here? Anyone here in opposition? Priscilla A. Thompson (City Clerk): I'm sorry. Commissioner Teele, if he can repeat his name, please? 178 March 27, 2003 Vice Chairman Teele: Just repeat your name again, sir. Mr. De La Fuente: Eduardo De La Fuente. Vice Chairman Teele: No, no, no. Just say it into the mike. Mr. De La Fuente: Eduardo De La Fuente. Vice Chairman Teele: No, no, no, just say it into the mic. Mr. De La Fuente: Eduardo De La Fuente. Vice Chairman Teele: There you go. All right. The public hearing is closed. You made a great presentation. Mr. De La Fuente: Yeah, (UNINTELLIGIBLE). Vice Chairman Teele: All right. Mr. Attorney, would you read the title? The ordinance was read by title into the public record by the Deputy City Attorney. Vice Chairman Teele: All right, let me just get this straight. Was there a motion made by Commissioner Gonzalez on this? Commissioner Gonzalez: No, sir. Commissioner Sanchez: No motions have been made yet. Vice Chairman Teele: No motion, OK, so there's a motion by Commissioner Gonzalez -- Commissioner Gonzalez: Motion, yeah. Commissioner Sanchez: Second. Vice Chairman Teele: -- and the second by Commissioner Sanchez. It's been read into the record. Is there further need -- ? Madam Attorney -- Madam Clerk, are you straight? Would you call the roll? Ms. Thompson: Roll call. The ordinance -- Vice Chairman Teele: The item pass -- Ms. Thompson: -- has been adopted on second reading, 4/0. 179 March 27, 2003 An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 2407 SOUTHWEST 6TH STREET, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "DUPLEX RESIDENTIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was passed on its first reading, by title, at the meeting of February 27, 2003, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Gonzalez, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Tomas Regalado NAYS: None. ABSENT: Chairman Johnny L. Winton SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12336. 34. SECOND READING ORDINANCE: AMEND PAGE NO. 34 OF ZONING ATLAS OF ORDINANCE NO. 11000, CITY'S ZONING ORDINANCE, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING ZONING CLASSIFICATION FROM R-1 SINGLE FAMILY RESIDENTIAL TO R-2 TWO-FAMILY RESIDENTIAL AT 2407 SW 6TH STREET (Applicant(s): Mesi, Inc.) Lourdes Slazyk (Assistant Director, Planning and Zoning Department): PZ -8 is a companion land use, recommended for approval; approval by the Planning Advisory Board and approved by the Commission first reading February 27. Vice Chairman Teele: Is there anyone here on the companion item, PZ -8? Is there anyone here on PZ -8? If not, the public hearing's closed. Would you read the title? Joel Maxwell (Deputy City Attorney): Motion. Priscilla A. Thompson (City Clerk): Motion. 180 March 27, 2003 Commissioner Gonzalez: Move PZ -8, Mr. Chairman. Commissioner Sanchez: Second. Vice Chairman Teele: Moved and second. Title. The ordinance was read by title into the public record by the Deputy City Attorney. Vice Chairman Teele: Madam Clerk. Commissioner Sanchez: Roll call. Ms. Thompson: Roll call. The ordinance is adopted on second reading, 3/0. An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 34 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICTION FROM R-1 SINGLE FAMILY RESIDENTIAL TO R-2 TWO-FAMILY RESIDENTIAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2407 SOUTHWEST 6TH STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A"; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. was passed on its first reading, by title, at the meeting of February 27, 2003, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Gonzalez, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Tomas Regalado NAYS: None. ABSENT: Chairman Johnny L. Winton SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12337. 181 March 27, 2003 35. CONTINUE TO COMMISSION MEETING CURRENTLY SCHEDULED FOR APRIL 24, 2003, CONSIDERATION OF: PROPOSED ORDINANCE AMENDING ORDINANCE NO. 10544, FUTURE LAND USE MAP OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, BY CHANGING LAND USE DESIGNATION FROM "SINGLE FAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; AND PROPOSED ORDINANCE AMENDING PAGE NO. 34 OF ZONING ATLAS OF ORDINANCE NO. 11000, CITY'S ZONING ORDINANCE, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING ZONING CLASSIFICATION FROM R-1 SINGLE FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL AT 2264 SW 7TH STREET. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -9 and 10 are also companion land use and zoning change items for the property at 2264 Southwest 7th Street. This is second reading. It was approved by the City Commission first reading February 27. PZ -9 is the land use item. Vice Chairman Teele: Is there anyone here who would like to be heard on this item? If not, the public hearing is closed. Is there a motion? This is item number -- Priscilla A. Thompson (City Clerk): 9. Ms. Slazyk: 9. Commissioner Regalado: 9. Vice Chairman Teele: -- 9, right? Commissioner Sanchez: It states here Planning Advisory Board recommended denial due to failure to obtain the required five favorable votes. Ms. Slazyk Right. It was a motion to approve, and they got 4/2 vote, but for a comp. plan amendment, they need five to get the approval, so the majority present voted in favor, but they didn't get five. Commissioner Sanchez: Is there any opposition here today? Commissioner Regalado: It's your district. Commissioner Sanchez: Move to deny. Vice Chairman Teele: Motion to deny. Is there a second? All right, it carries over. Next item. Ms. Slazyk Next item is the companion. Oh, don't they have to vote -- oh, wait. Joel Maxwell (Deputy City Attorney): I'm sorry. Ms. Slazyk You have to vote on 9. 182 March 27, 2003 Mr. Maxwell: On number 9, there's a motion to deny. Commissioner Sanchez: There's a motion, but there's no second. Priscilla A. Thompson (City Clerk): I did not have a second. Vice Chairman Teele: The item didn't get a second; it carries over to the next agenda. Ms. Slazyk: You want to -- Commissioner Regalado: Oh. Ms. Slazyk -- continue PZ -9 and 10 to April? Vice Chairman Teele: Continue PZ -9. Commissioner Regalado: But excuse me. Do you want to deny or recommend? I don't know -- Commissioner Sanchez: Well, there's nobody here, and it's the single-family resident to restricted commercial. I mean, I -- Ms. Slazyk: Yeah. We had recommended approval because on this particular block all of the other properties on the block are being used for commercial purposes. The property right next door is restricted commercial, and the rest of the block is commercial property for the properties that front 8th Street, so we had recommended approval. At the Planning Advisory Board there was concern from several members that possibly 7th Street should be looked at for a conservation district, and a couple of the members felt that it shouldn't be changed to commercial, but we should look for another solution to allow the homes on 7th Street to be used for commercial purposes rather than changing the zoning. Commissioner Sanchez: Let's go ahead and defer the item. Vice Chairman Teele: Motion to defer. Is there a second, the two items? Commissioner Regalado: Second. Mr. Maxwell: To -- Ms. Slazyk: Second meeting -- Vice Chairman Teele: You want to continue -- Ms. Slazyk: -- in April? Vice Chairman Teele: -- till 30 days? To continue it for 30 days. 183 March 27, 2003 Ms. Slazyk: April 24. Vice Chairman Teele: Moved and second. All those in favor. The Commission (Collectively): Aye. Vice Chairman Teele: All opposed? Items are deferred. The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 03-295 A MOTION TO CONTINUE TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR APRIL 24, 2003, CONSIDERATION OF: • PROPOSED ORDINANCE ON SECOND READING AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, CHANGING LAND USE DESIGNATION FROM "SINGLE FAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL" AT 2264 SW 7TH STREET; AND • PROPOSED ORDINANCE ON SECOND READING AMENDING PAGE NO. 34 OF ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING ZONING CLASSIFICATION FROM R-1 SINGLE FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL AT 2264 SW 7TH STREET. Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Commissioner Angel Gonzalez 184 March 27, 2003 36. SECOND READING ORDINANCE: AMEND ORDINANCE NO. 10544, FUTURE LAND USE MAP OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING LAND USE DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED COMMERCIAL" AT 3221 SW 23RD STREET (Applicant(s): Shamrock at the Gables, LLC.) Vice Chairman Teele: Next Item. Lourdes Slazyk (Assistant Director, Planning and Zoning Department): PZ -11 and 12 are also companion land use and zoning change. These are second reading. This was approved by the City Commission at first reading, and at that time the applicant had proffered a covenant. The Planning and Zoning Department recommendation was for denial. The Commission accepted the terms of the covenant and passed it on first reading. Since that time, we have received the covenant from the applicant, and we have no further objections. Commissioner Regalado: I move the second reading ordinance for approval. Commissioner Sanchez: Second. Vice Chairman Teele: Is there a second? Commissioner Sanchez: There's a motion and a second. Vice Chairman Teele: Motion and a second. Did you want to be heard on this? You're fine? Commissioner Sanchez: That's a great presentation. Commissioner Regalado: Read the ordinance. Vice Chairman Teele: State your name for the record, please. Vicky Garcia: Vicky Garcia -Toledo, with offices at 2500 Wachovia Center. Thank you. Vice Chairman Teele: Mr. Attorney. Joel Maxwell (Deputy City Attorney): An ordinance of the Miami -- You closed the public hearing, Mr. Chairman. The ordinance was read by title into the public record by the Deputy City Attorney. Ms. Thompson: Roll call. The ordinance is adopted on second reading, 3/0. 185 March 27, 2003 An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 3221 SOUTHWEST 23rd STREET, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE was passed on its first reading, by title, at the meeting of February 27, 2003, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Regalado, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Joe Sanchez Commissioner Tomas Regalado NAYS: None. ABSENT: Chairman Johnny L. Winton Commissioner Angel Gonzalez SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12338. 37. SECOND READING ORDINANCE: AMEND PAGE NO. 42 OF ZONING ATLAS OF ORDINANCE NO. 11000, CITY'S ZONING ORDINANCE, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING ZONING CLASSIFICATION FROM R-2 TWO FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL AT 3221 SW 23RD STREET (Applicant(s): Shamrock at the Gables, LLC.) Lourdes Slazyk (Assistant Director, Planning and Zoning Department): PZ -12 is a companion. This is the zoning change so the covenant would be accepted as part of PZ -12. Commissioner Gonzalez: Move it. Vice Chairman Teele: Is there a second? Commissioner Sanchez: Second. Vice Chairman Teele: Is there any discussion? Mr. Attorney. 186 March 27, 2003 The ordinance was read by title into the public record by the Deputy City Attorney. Priscilla A. Thompson (City Clerk): Roll call on Item PZ -12. The ordinance is adopted on second reading, 3/0. Vicky Garcia -Toledo: Thank you. An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 42 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3221 SOUTHWEST 23rd STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A;" CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was passed on its first reading, by title, at the meeting of February 27, 2003, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Regalado, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Joe Sanchez Commissioner Tomas Regalado NAYS: None. ABSENT: Chairman Johnny L. Winton Commissioner Angel Gonzalez SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12339. 187 March 27, 2003 38. SECOND READING ORDINANCE: AMEND ORDINANCE 10544, FUTURE LAND USE MAP OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING LAND USE DESIGNATION FROM "INDUSTRIAL" TO "RESTRICTED COMMERCIAL AT 610 SW 1st AVENUE (Applicant(s): Planning and Zoning Department). Lourdes Slazyk (Assistant Director, Planning and Zoning Department): PZ -13 and 14 are companion land use and zoning change items. As you recall, this is a little remnant parcel that's owned by Florida Power and Light. It's wedged in between several properties that have already been changed to restricted commercial with the SD -7 zoning classification. The property is under 5,000 square feet, but just so it doesn't stay as an industrial site on the properties that have already been changed throughout this part of the river, the Department, as a cleanup item, is changing it so it's not a remnant parcel. This has been recommended for approval by the Planning Advisory Board. This is second reading. This Commission had asked that this item be sent to the Miami River Commission for a recommendation, and there's a letter in your package stating that they recommend approval. Commissioner Sanchez: So move. Commissioner Regalado: Second. Vice Chairman Teele: Public hearing. Anyone desiring to be heard? Brett Bibeau: Again, the River Commission is in support of -- Brett Bibeau, 4600 Rickenbacker Causeway. Again, the River Commission is in support of removing SD -4 Marine Industrial at this site because it is in the lower section of the river; it is in downtown. It is appropriate change for that location. The middle section of the river, per the Infill Plan, is a mixed-use residential, and the upper west of 22nd Avenue is the part of the marine industry of the river which employs thousands and thousands of our residents. Thank you for your time. Vice Chairman Teele: Thank you very much. (UNINTELLIGIBLE) brief. Dick Bunnell: I would also like to speak. I'm Dick Bunnell, with the Miami River Marine Group, at 3033 Northwest North River Drive. We are in favor of this zoning change. It does meet the Urban Infill Plan and the vision for the river. Thank you very much. Vice Chairman Teele: Anyone else, please? If not, then the public hearing's closed. There is a motion and a second. Mr. Attorney, read it. The ordinance was read by title into the public record by the Deputy City Attorney. Vice Chairman Teele: Madam Clerk. Priscilla A. Thompson (City Clerk): Roll call on PZ -13. The ordinance is adopted on second reading, 3/0. 188 March 27, 2003 An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 610 SOUTHWEST IST AVENUE, MIAMI, FLORIDA, FROM "INDUSTRIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was passed on its first reading, by title, at the meeting of February 23, 2003, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Sanchez, seconded by Commissioner Regalado, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Joe Sanchez Commissioner Tomas Regalado NAYS: None. ABSENT: Chairman Johnny L. Winton Commissioner Angel Gonzalez SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12340. 39. SECOND READING ORDINANCE: AMEND PAGE NO. 36 OF ZONING ATLAS OF ZONING ORDINANCE NO. 11000, CITY'S ZONING ORDINANCE, BY CHANGING ZONING CLASSIFICATION FROM (SD -4) "WATERFRONT INDUSTRIAL DISTRICT" TO (SD -7) "CENTRAL BRICKELL RAPID TRANSIT COMMERCIAL -RESIDENTIAL DISTRICT" AT 610 SW 1sT AVENUE (Applicant(s): Planning and Zoning Department). Lourdes Slazyk (Assistant Director, Planning and Zoning Department): PZ -14 is a companion. Vice Chairman Teele: Is there anyone here to be heard on PZ -14? If not, the public hearing's closed. Is there a motion? Commissioner Sanchez: Move. Vice Chairman Teele: Is there a second, please? Commissioner Regalado: Second. 189 March 27, 2003 Vice Chairman Teele: Is there a -- ? The ordinance was read by title into the public record by the Deputy City Attorney. Priscilla A. Thompson (City Clerk): Roll call, PZ -14. The ordinance is adopted on second reading, 3/0. An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING PAGE NO. 36 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM (SD -4) "WATERFRONT INDUSTRIAL DISTRICT" TO (SD -7) "CENTRAL BRICKELL RAPID TRANSIT COMMERCIAL -RESIDENTIAL DISTRICT" FOR THE PROPERTY LOCATED AT APPROXIMATELY 610 SOUTHWEST 1 ST AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was passed on its first reading, by title, at the meeting of October 10, 2002, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Sanchez, seconded by Commissioner Regalado, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Joe Sanchez Commissioner Tomas Regalado NAYS: None. ABSENT: Chairman Johnny L. Winton Commissioner Angel Gonzalez SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12341. 190 March 27, 2003 40. SECOND READING ORDINANCE: AMEND ORDINANCE NO. 10544, FUTURE LAND USE MAP OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING LAND USE DESIGNATION FROM "RECREATION" TO "SINGLE FAMILY RESIDENTIAL" AT 281 NE 84TH STREET (Applicant(s):Planning and Zoning Department). Lourdes Slazyk (Assistant Director, Planning and Zoning Department): PZ -15 and 16 are also companion items for the property at 281 Northeast 84th Street. This is a parcel being changed from recreation to single-family residential. It was found that the recreation category was not appropriate for this property. It isn't private ownership. It is being used as a single-family residence and that it appears in the research when we went back that there is a park at the end of a street just next to this, and it looks like it was a mapping error; that the parks category was added to a piece of private property. We did a records research, and we can't find any covenants or anything that this was ever owned by the City or used as a park in any way, so we would recommend approval. It was also recommended for approval by the Planning Advisory Board. Vice Chairman Teele: Is there objection? Anyone here in opposition to this fine action? All right, if not -- Commissioner Sanchez: So move. Vice Chairman Teele: -- the public hearing's closed. Mr. Attorney -- Moved by Commissioner Sanchez. Commissioner Regalado: Second. Vice Chairman Teele: Seconded by Commissioner Regalado. Mr. Attorney. The ordinance was read by title into the public record by the Deputy City Attorney. Priscilla A. Thompson (City Clerk): Roll call, PZ -15. The ordinance is adopted on second reading, 3/0. An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 281 NORTHEAST 84TH STREET, MIAMI, FLORIDA, FROM "RECREATION" TO "SINGLE FAMILY RESIDENTIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 191 March 27, 2003 was passed on its first reading, by title, at the meeting of February 27, 2003, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Sanchez, seconded by Commissioner Regalado, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Joe Sanchez Commissioner Tomas Regalado NAYS: None. ABSENT: Chairman Johnny L. Winton Commissioner Angel Gonzalez SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12342. 41. SECOND READING ORDINANCE: AMEND PAGE NO. 9 OF ZONING ATLAS OF ORDINANCE NO. 11000, CITY'S ZONING ORDINANCE, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING ZONING CLASSIFICATION FROM PR PARKS AND RECREATION TO R-1 SINGLE FAMILY RESIDENTIAL AT 281 NE 84TH STREET (Applicant(s): Planning and Zoning Department). Lourdes Slazyk (Assistant Director, Planning and Zoning Department): PZ -16 is the companion. Vice Chairman Teele: Did you have any comments, Madam Director? Ms. Slazyk: This is to change it to single-family residential, that's what the zoning is throughout the whole neighborhood. It would be consistent with its existing use. Vice Chairman Teele: Is there anyone here in opposition to the companion item? If not, is there a motion? Commissioner Sanchez: So move. Vice Chairman Teele: Is there a second? Commissioner Regalado: Second. Vice Chairman Teele: Madam -- Mr. Attorney. The ordinance was read by title into the public record by the Deputy City Attorney. Priscilla A. Thompson (City Clerk): Roll call on PZ -16. The ordinance is adopted on second reading, 3/0. 192 March 27, 2003 An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING PAGE NO. 9 OF THE ZONING ATLAS OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM (PR) "PARKS AND RECREATION" TO (R-1) "SINGLE FAMILY RESIDENTIAL" FOR THE PROPERTY LOCATED AT APPROXIMATELY 281 NORTHEAST 84 STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was passed on its first reading, by title, at the meeting of February 27, 2003, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Sanchez, seconded by Commissioner Regalado, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Joe Sanchez Commissioner Tomas Regalado NAYS: None. ABSENT: Chairman Johnny L. Winton Commissioner Angel Gonzalez SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12343. 42. SECOND READING ORDINANCE: AMEND ORDINANCE NO. 10544, FUTURE LAND USE MAP OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING LAND USE DESIGNATION FROM "OFFICE" TO "RESTRICTED COMMERCIAL" AT 122, 130 AND 132 SW 2ND STREET, 201 SW 2ND AVENUE, 251, 259 AND 265 SW IST COURT (Applicant(s): Planning and Zoning Department). Vice Chairman Teele: All right. Lourdes Slazyk (Assistant Director, Planning and Zoning Department): 17 and 18 are also companion items to change a series of properties in the river quadrant area of downtown. This is to change from office to restricted commercial and the companion zoning item to SD -6, which already exists within the river quadrant area. This would allow this property to be used in a mixed-use fashion. It was recommended for approval by the Planning Advisory Board, and approved by the Commission first reading February 27. We recommend approval. Vice Chairman Teele: All right. Is there anyone in here in opposition? Is there anyone here in opposition? If not, the public hearing's closed. Is there a motion? 193 March 27, 2003 Commissioner Regalado: Move it. Vice Chairman Teele: Is there a second? Commissioner Sanchez: Second. Vice Chairman Teele: Mr. Attorney. The ordinance was read by title into the public record by the Deputy City Attorney. An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 122,130 AND 132 SOUTHWEST 2ND STREET, 201 SOUTHWEST 2ND AVENUE, 251, 259 AND 265 SOUTHWEST 1 ST COURT, MIAMI, FLORIDA, FROM "OFFICE" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was passed on its first reading, by title, at the meeting of February 27, 2003, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Regalado, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Commissioner Angel Gonzalez SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12344. Priscilla A. Thompson (City Clerk): Roll call, PZ -17. The ordinance is adopted on second reading, 3/0. 194 March 27, 2003 43. SECOND READING ORDINANCE: AMEND PAGE NO. 36 OF ZONING ATLAS OF ORDINANCE NO. 11000, CITY'S ZONING ORDINANCE, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING ZONING CLASSIFICATION FROM O OFFICE TO SD -6 CENTRAL COMMERCIAL RESIDENTIAL DISTRICT AT 122,130 AND 132 SW 2ND STREET, 201 SW 2ND AVENUE, 251, 259 AND 265 SW 1sT COURT (Applicant(s): Planning and Zoning Department). Vice Chairman Teele: On the companion item you have the same comments? Lourdes Slazyk (Assistant Director, Planning and Zoning Department): Exactly the same. Vice Chairman Teele: Is there anyone here in opposition or would desire to be heard on Item 18? If not -- Item PZ -18, if not, the public hearing is closed. Is there a motion? Commissioner Sanchez: So move. Vice Chairman Teele: Is there a second by Commissioner Regalado? Second. Is there objection? Mr. Attorney. The ordinance was read by title into the public record by the Deputy City Attorney. Priscilla A. Thompson (City Clerk): Roll call on PZ -18. Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Commissioner Sanchez? Commissioner Sanchez: Yes, ma'am. Ms. Thompson: Vice Chairman Teele? Vice Chairman Teele: Yes. Ms. Thompson: The ordinance is -- Vice Chairman Teele: No, hold it, hold it. Ms. Thompson: I'm sorry. Vice Chairman Teele: Call all names. Just call all names. Whether they're here or not, call all four names. Ms. Thompson: Oh, I'm sorry. Commissioner Gonzalez? Commissioner Gonzalez: Yes, ma'am. 195 March 27, 2003 Ms. Thompson: I'm sorry. Can I do the roll call again, please? Vice Chairman Teele: No, ma'am. Ms. Thompson: OK. Vice Chairman Teele: You've done it. Ms. Thompson: According to my records then, I have the ordinance being adopted on second reading, 4/0. Vice Chairman Teele: All right. Ms. Thompson: Thank you. An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, AMENDING PAGE NO. 36 OF THE ZONING ATLAS OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM (0) "OFFICE" TO (SD -6) "CENTRAL COMMERCIAL RESIDENTIAL DISTRICTS" FOR THE PROPERTIES LOCATED IN THE DOWNTOWN MIAMI AREA MORE PARTICULARLY DESCRIBED AS 122, 130 AND 132 SOUTHWEST 2ND STREET, 201 SOUTHWEST 2ND AVENUE, 251,259 AND 265 SOUTHWEST 1 ST COURT, MIAMI, FLORIDA; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was passed on its first reading, by title, at the meeting of February 27, 2003, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Sanchez, seconded by Commissioner Regalado, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Joe Sanchez Commissioner Angel Gonzalez Commissioner Tomas Regalado NAYS: None. ABSENT: Chairman Johnny L. Winton SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12345. 196 March 27, 2003 44. CONSIDERATION OF AMENDING ORDINANCE 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000 BY AMENDING THE "INTERPRETATION OF THE FUTURE LAND USE MAP" SECTION OF THE GOALS, OBJECTIVES AND POLICIES, IN ORDER TO ADD A NEW LAND USE CATEGORY ENTITLED "LIGHT INDUSTRIAL." Vice Chairman Teele: All right. Next item. Item 19 was withdrawn. Lourdes Slazyk (Assistant Director, Planning and Zoning): Right. Vice Chairman Teele: Are we to 20 now? Yes, ma'am. Ms. Slazyk: Yes, sir. PZ -20 is a second reading ordinance, in order to create a new land use category called Light Industrial. You may recall, we brought this before you September 2e of 2002. This is a text amendment to the comprehensive plan, so between first and second reading, it gets submitted to Department of Community Affairs, State of Florida for their comments, and what I just handed out to you was the final revised legislation that contains the -- all the comments -- the addressed comments from the DCA (District Court of Appeals) report. What's before you in your package was the way you saw it at first reading. DCA had several concerns they wanted us to address in the land use classification to put the density caps in, percentages of use for work/live and live/work and put some FAR (Floor Area Ratio) limits in it. In the past we didn't do these with out land use classifications because they were meant to be general categories that apply to the City and in the zoning is where we would write these things, but DCA -- there were new amendments to state law and they needed these things to be addressed in the legislation for the land use category. Vice Chairman Teele: Have you discussed this with Commissioner Winton? Ms. Slazyk: Commissioner Winton was aware of it, but we haven't discussed the changes from DCA with him. Vice Chairman Teele: I think, in fairness -- he was the one sort stimulating this, and I really think, in fairness, unless there is an emergency -- Ms. Slazyk We do have a deadline with DCA for adoption. There's time limitations in which we have -- Vice Chairman Teele: What's the deadline? Ms. Slazyk We have to have this approved at this month. There's no more meetings before this. I think we have until the end of March. Vice Chairman Teele: All right. Well, could we -- Ms. Slazyk: I could brief him and -- 197 March 27, 2003 Vice Chairman Teele: Would you make sure that he's briefed? Ms. Slazyk: Yes. Vice Chairman Teele: And that we move it for reconsideration, if he's got some -- or amendment, if he's got concerns? Ms. Slazyk: OK. This is the land use category. The companion zoning category is still being developed. That is something that still has to go through a whole adoption process. This doesn't actually apply this land use classification to any property, so as we begin to apply this to properties within the City, you'll start to see where and how this is going to be utilized to create the work/live loft, you know, areas of the City. Vice Chairman Teele: All right. Ms. Slazyk And, so we recommend approval. The legislation -- it was just approved by the Planning Advisory Board at their -- at the meeting last week, and you're getting it literally hot off the presses from the Law Department review. Commissioner Regalado: This is what? Ms. Slazyk This is an amendment to the comprehensive plan, to the text, to add a new land use category called Light Industrial. This is the work/live live/work ordinance that we're going to begin -- Vice Chairman Teele: Is there anyone here in opposition? Staff has indicated they'll meet with Commissioner Winton and if he's got concerns, he'll bring forth amendments. Commissioner Regalado: What is light industrial? Ms. Slazyk This is a category we look at applying in industrial areas of the City, where the buildings are good candidates for adaptive reuse for work/live and live/work situations; to allow certain level of commercial activity and accessory residential use or allow residential with the accessory commercial use. Through DCA we worked out percentages that were -- it's kind of a mandatory mixed use category to create a work/live environment for a 24-hour activity pattern. There's a lot of area -- Commissioner Regalado: Will you tell me the street and an avenue where you will consider light industrial? Ms. Slazyk There are parts of Wynwood where we've had consultants already tell us, through the FEC (Florida East Coast) Study that would be good candidates for this type of category. Old pockets of industrial areas that kind of need revitalization and good adaptive reuse. Right now the industrial category doesn't allow residential, so if somebody had an old warehouse in an industrial district and they wanted to convert it to lofts for artists that allow them to do a certain 198 March 27, 2003 amount of commercial work within their structure, there's no category that really allows that kind of mix. This would introduce that category. Vice Chairman Teele: Is there anyone here in opposition? Is there anyone here in opposition? If not, the public hearing is closed. We're under the state of Florida mandate to approve something, but we're reserving the right to come back and amend it. Ms. Slazyk: Absolutely. Vice Chairman Teele: And the specifics will be contained in the zoning ordinance, which is being written, so I hope Commissioner Winton's staff is paying close attention and they're going to make sure he gets this for his review. If not, is there a motion and a second? Commissioner Gonzalez: Move PZ -20, Mr. Chairman. Vice Chairman Teele: Is there a second, please? Commissioner Regalado: Second. Vice Chairman Teele: Is there -- OK. Mr. Attorney. The Ordinance was read by title into the public record by the Deputy City Attorney. Priscilla A. Thompson (City Clerk): Roll call on PZ -20. The ordinance is adopted on second reading, 4/0. An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000 BY AMENDING THE "INTERPRETATION OF THE FUTURE LAND USE MAP" SECTION OF THE GOALS, OBJECTIVES AND POLICIES, TO ADD A NEW LAND USE CLASSIFICATION ENTITLED "LIGHT INDUSTRIAL;" CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 199 March 27, 2003 was passed on its first reading, by title, at the meeting of September 26, 2002, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Gonzalez, seconded by Commissioner Regalado, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12346. 45. SECOND READING ORDINANCE: AMEND ORDINANCE NO. 11000, CITY'S ZONING ORDINANCE BY AMENDING SECTIONS 914, 605, 606 AND 607, IN ORDER TO MODIFY PROVISIONS RELATED TO AFFORDABLE HOUSING TRUST FUND (Applicant(s): City Manager). Vice Chairman Teele: All right, 21. Lourdes Slazyk (Assistant Director, Planning and Zoning Department): PZ -21 is a second reading amendment to the zoning ordinance in order to modify some of the provisions related to the Affordable Housing Trust Fund. It was recommended for approval by the Planning Advisory Board and passed by the Commission first reading February 27. Basically, this eliminates the restrictions as to where these dollars can be used. This way we can use them throughout more neighborhoods of the city than where they're limited for use now. We recommend approval. Vice Chairman Teele: All right. Is there anyone here in opposition or desire to be heard? If not, the public hearing is closed. Is there a motion and a second? Commissioner Gonzalez: Move PZ -1 -- PZ -21 I'm sorry. Vice Chairman Teele: Is there a second? Commissioner Sanchez: Second. Vice Chairman Teele: Mr. Attorney. The ordinance was read by title into the public record by the Deputy City Attorney. Priscilla A. Thompson (City Clerk): Roll call in PZ -21. The ordinance is adopted on second reading, 4/ 0. 200 March 27, 2003 An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLES 9 AND 6, SECTIONS 914, 605, 606 AND 607, TO MODIFY PROVISIONS RELATED TO THE AFFORDABLE HOUSING TRUST FUND; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was passed on its first reading, by title, at the meeting of February 27, 2003, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Gonzalez, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Commissioner Angel Gonzalez SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12347. 46. AMENDING ORDINANCE NO. 10544 FROM "SINGLE FAMILY RESIDENTIAL" AND "GENERAL COMMERCIAL" TO "RESTRICTED COMMERCIAL" TO CHANGE FUTURE LAND USE DESIGNATION OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN; FURTHER AMENDING ORDINANCE NO. 11000 FROM C-2 LIBERAL COMMERCIAL AND R-1 SINGLE-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL TO CHANGE ZONING ATLAS. Vice Chairman Teele: All right. Now, what are we doing? 22 and 23 is what? Lourdes Slazyk (Assistant Director, Planning & Zoning): 22 and 23 have been continue, so we're up to 24. PZs 24 and 25 are companion items for zoning and land use change. The City Commission actually denied this on first reading January 23, 2003, and reconsidered on February 13, 2003, so it's back before you today on a reconsideration. Commissioner Gonzalez: Yes. I believe that the people on 24 and 25, they're here, at least the attorney representing this case. OK. I opposed this project at the last -- this project is in my district. I opposed it and I had some neighbors were contacting my office, and then I decided to go for reconsideration. What I would like to do is, I would like to have the applicants meet with Planning and Zoning and try to come to an agreement on what is going to be done in here, because I do have serious concerns. I know that the site is an eyesore. I know that we need to do 201 March 27, 2003 something there. I'm a hundred percent in favor of developments and new businesses and all of that, but I'm also very concerned in changing the zoning from residential to commercial, especially when the rest of the area -- the entire block -- is residential. I talked to staff about this issue and there is not a definition of what is going to go in here. All they're asking for is a zoning change and, allegedly, they talk about an Eckerd or a Walgreen's or whatever, but once we approve the zoning change, they can come back and build a restaurant or build a hardware store or build whatever they want to build, and I'm really concerned with the neighborhood. Even though some signatures were sent to my office, according to my chief of staff, what I would like to do at this point is to refer this back to Planning and Zoning, have the applicant meet with Planning and Zoning and try to meet -- because Planning and Zoning will recommend this project, but with certain conditions, and I understand that the applicant doesn't want to meet the conditions of Planning and Zoning, and I have to -- you know, I'm not an expert in this field, and I believe that's why we pay our staff salaries and benefits and all of that to advise us on what is all right to do and what is not all right to do, and in this case, I would like to go by a staff recommendation. Vice Chairman Teele: All right. Commissioner Sanchez: Second. Commissioner Regalado: Commissioner. Vice Chairman Teele: Did you want to -- Commissioner Regalado: Can I -- Vice Chairman Teele: -- approve this on first reading and send it, or do you want to send it back now? Commissioner Gonzalez: No, sir. I would like to send it back and have them meet and -- as it's done here in many, many cases. You know, we send the applicant back, and they meet with Planning and Zoning and -- Commissioner Sanchez: Second. Commissioner Gonzalez: -- they work out the difference, and then they'll bring it back. Vice Chairman Teele: Is that on 24 and 25? Commissioner Gonzalez: Twenty-four and 25, sir. Vice Chairman Teele: All right. Commissioner Regalado: I just want to make a comment. 202 March 27, 2003 Vice Chairman Teele: There's a motion by Commissioner Gonzalez, a second by Commissioner Sanchez that the item be -- Ms. Slazyk: Continued until -- yes. Vice Chairman Teele: -- continued with instruction that -- Ms. Slazyk Continued April 24th Vice Chairman Teele: -- the applicant meet with the staff for 30 days. Commissioner Regalado: OK. Vice Chairman Teele: Is that satisfactory? Commissioner Regalado: Let me -- Commissioner Gonzalez: Lourdes, 30 days will be enough to resolve the issues? Ms. Slazyk Yeah. What the applicant did here when it came around the first time was they had proffered a covenant, so what we're going to do is meet with them on the items that they proffered in their covenant, the site plan that they wanted to attach themselves to in the covenant. I think that's enough time because they actually did submit what their plans were. It just arrived in my office yesterday, so we have something to begin looking at. I believe April 24th, we could come back with a recommendation. Commissioner Gonzalez: OK, but according to my meeting with Ms. Gelabert -- Madam Director. Commissioner Regalado: But can I ask something, Commissioner? They say here that they recommended denial. Ms. Slazyk: Yes. We recommend denial of the zoning change. Commissioner Regalado: Are you going to come back and recommend denial? Ms. Slazyk What we're going to do is give you our recommendations on their proffered covenant. In the end, you have to decide whether you're going to accept a covenant or not. A recommendation for a straight zoning change with no covenants or safeguards, we would still recommend denial. Vice Chairman Teele: You'll work with the City Attorney to make sure that it's totally perfected, and we won't get in here and at the last minute -- and that everybody has a chance to review it. Unidentified Speaker: Right. 203 March 27, 2003 Commissioner Gonzalez: Even if you need to take more time to get it done, Ms. Gelabert, you know, I'll appreciate it. I understand that one of the issues in our discussion was that we don't know for sure. We don't have an assurance of what is going to be built there in that site. Ana Gelabert (Director, Planning & Zoning): Right. When they come for a zoning change, the project that they may be -- in this case, it's an Eckerd -- but the zoning change doesn't hold them to the Eckerd. Once they have the zoning change, it doesn't mean that they cannot change the project. The concern that the Planning Department had was we wanted to make sure that the project that was going was going to be also protecting the neighborhood. Commissioner Gonzalez: The neighborhood. Ms. Gelabert: So what we were asking was, again, for us to be able to recommend to you that perhaps the covenant that they would be able to proffer would have those concerns addressed as they impact the neighborhood and where was the location and sighting of this project. That's what we wanted to see, the Planning Department. Commissioner Gonzalez: Thank you, ma'am. Vice Chairman Teele: All right. Ma'am, sir, you all have been so patient. Did you want to say something? Jennifer Sabattinia: Yes. I came here because -- Vice Chairman Teele: Give us your name and address for the record. Ms. Sabattinia: Yes. Jennifer Sabattinia. I reside at 606 Northwest 57th Avenue. I have a small family restaurant in the area that's being considered for rezoning. If this is approved, I will lose my entire investment, worth a hundred and fifty thousand dollars ($150,000), and on top of that, all my employees will lose their jobs. You're talking about 10 families that live off of this business. If I would have known in the past -- I've been there almost three years. We started the business from scratch. If I would have known that this was going to happen, I would have never stepped foot into that area to start a business, and if this happens, I will not get any compensation whatsoever from the lease. The lease doesn't protect me at all. Vice Chairman Teele: Yes, sir. Commissioner Gonzalez: OK. That brings another concern. Was this properly advertised? Vice Chairman Teele: Of course the answer's going to be "yes." Commissioner Gonzalez: Well, I'm asking the question because we have now this lady here who, according to the address that she gave on the record, is right next to the site and she wasn't here at the last meeting. 204 March 27, 2003 Ms. Sabattinia: No, I never received a notice. The only reason why I found out about this is because I saw the hearing and I started inquiring about it, and that's how I found out, you know, that we're a part of this whole rezoning. Commissioner Regalado: But are you the owner of the property -- not the restaurant -- the property? Ms. Carmine: No. I'm the -- no. I'm the tenant. I pay rent. Commissioner Regalado: So the owner got -- Vice Chairman Teele: So the owner got notice. Commissioner Regalado: -- got the notice. Joel Maxwell (Deputy City Attorney): But there was posting probably in the neighborhood, as well. Commissioner Gonzalez: The tenant should have gotten the notice too, right? Mr. Maxwell: No. Commissioner Gonzalez: No? Mr. Maxwell: The notice goes to the property owner, but the posting in the neighborhood -- Vice Chairman Teele: Yeah, but you see, this is where I just don't agree with government. We tax the people. We make them pay business tax. We make them pay a fire fee tax. We make them pay this. We make them pay that. Commissioner Gonzalez: Occupational license. Vice Chairman Teele: And then we don't give them -- we make them pay license, and then we don't give them notice. Commissioner Gonzalez: And then we don't give them notice. Vice Chairman Teele: I mean, you know, you can't have it every way. If you tax people, you got a record. We ought to change our rules to make them do that. Commissioner Regalado: No. In their case, we made them pay the license, the occupational license. Vice Chairman Teele: That's what I'm saying. Commissioner Gonzalez: Yeah. They pay -- 205 March 27, 2003 Vice Chairman Teele: So what are they getting from government? Commissioner Gonzalez: They pay certificate of use. They pay occupational license. They pay all type of taxes and, you know. Vice Chairman Teele: Mr. -- Commissioner Regalado: But I tell you something. Barbarello just closed their doors. Barbarello Supermarket, which is in the shopping center across the street, and Publix is taking over that, and they have signs on the Eckerd saying that they're going to move across the street on the same Eckerd that -- you know, the small Eckerd there, so -- Vice Chairman Teele: But would you modify your instructions -- Commissioner Regalado: I don't know. Vice Chairman Teele: -- then, to ensure that the fine couple here that's before us are conferred with by Planning Department -- Commissioner Gonzalez: Oh, yeah. Vice Chairman Teele: -- and that they collaborate -- Commissioner Gonzalez: Definitely. Vice Chairman Teele: -- with them and any other person that has come forth? Commissioner Gonzalez: Definitely, and as a matter of fact, you know, I know there is a strip of businesses there that I don't know if the business owners -- and I'm very familiar with the area, you know, some people may think that I'm not familiar. I'm familiar with the area. I know there is about 12 businesses in that shopping center there, and I will appreciate it if you please let those people know what's going on, and that they may lose their businesses, so you know -- Ms. Sabattinia Carmine: The problem is that I spoke to -- Commissioner Sanchez: Just have someone make sure that they're notified of the meeting. I mean, whatever needs to be done to have yourself not -- and whoever else, whoever may be around. Now, let me ask you one simple question. You are a tenant. Are you on a month -by - month or you on -- Ms. Sabattinia: No. I have a lease. It's -- I've been there three years and now it's renewed for another five, so -- Vice Chairman Teele: Another five years? 206 March 27, 2003 Commissioner Sanchez: And you have renewed that lease -- Ms. Sabattinia: Yes. Commissioner Sanchez: -- for five years? Ms. Sabattinia: Yes. Commissioner Sanchez: That's -- Vice Chairman Teele: What's the name of your business? Ms. Sabattinia: It's Sabattini's. It's an Italian restaurant. Vice Chairman Teele: See, this is a good time to get your advertising out. Commissioner Gonzalez: It's an Italian restaurant. Yeah, I know. I know the restaurant. Vice Chairman Teele: OK. Well, it's a little more complicated, but I think -- Madam Director, I think the maker of the motion's instructions were not only to meet with the attorneys, but to meet with the residents -- the businesses and the surrounding property owners as you move forward in trying to formulate a compromise or a recommendation. Ben Fernandez: We'd be happy to meet with them. Vice Chairman Teele: Is that all right with you all? Mr. Fernandez: Absolutely. Vice Chairman Teele: Would you state your name for the record, please? Mr. Fernandez: Ben Fernandez, 200 South Biscayne Boulevard, Law Offices of Bercow & Radell. We'd be happy to talk to them, bring them up to speed, and meet with the Department. We do have a covenant that we proffered -- Vice Chairman Teele: Do you like Italian food? Mr. Fernandez: Absolutely. Vice Chairman Teele: It would be nice touch for you to go down and have dinner and talk. Mr. Fernandez: OK, but we do have a covenant, I wanted to mention, and we'd be happy to tie the use of the Eckerd, you know, to the property, if that is what the Commission is inclined to require. 207 March 27, 2003 Vice Chairman Teele: Why don't you work with the staff and get the staff recommendation because it doesn't -- I mean, we're not in a position, other than Commissioner Gonzalez, to even know. Mr. Fernandez: OK. Commissioner Sanchez: All right. We understand the motion. There's a second. Vice Chairman Teele: All right. Mr. Fernandez: I think we would request that we make it until May 27th. Give us 60 days. Give us sufficient time. Commissioner Gonzalez: Pardon me, sir? Vice Chairman Teele: Sixty days? Mr. Fernandez: Give us 60 days to May 27th Commissioner Gonzalez: Sixty days, OK. Mr. Maxwell: Yeah. It'd be May 22nd Commissioner Gonzalez: All right. Commissioner Sanchez: Can it be done in 30 days? Why 60 days? Commissioner Gonzalez: It's better to give them 60 days, Commissioner, so they have plenty of time to meet with everybody and make sure that everybody's aware, because -- Vice Chairman Teele: Why don't we compromise? Commissioner Gonzalez: -- I was informed that everybody was in favor of this. Vice Chairman Teele: Why don't we do it the first meeting in May? Commissioner Sanchez: I just want to be fair to both sides here, I mean. Mr. Fernandez: Can we do the first meeting in May? I think that's fair. I think Commissioner Teele's suggestion, first meeting in May. Vice Chairman Teele: Forty-five days, first meeting in May, special item. Is that fair with you, Commissioner Gonzalez? Commissioner Gonzalez: It all depends on the staff. How much time do they need? 208 March 27, 2003 Commissioner Sanchez: First meeting in -- Commissioner Gonzalez: I want this to be done right. I mean, I don't want to rush it and then, you know, be sorry. Ms. Slazyk: That was my concern. If you want us to also meet with some of the groups out there, April might not be enough time to meet with everybody -- Commissioner Gonzalez: Well, there's -- take 60 days. Ms. Slazyk -- then bring the results back to -- Commissioner Gonzalez: Sixty days. I want to make sure that this is done right. You know, I want everybody -- as we discussed here many times, we want to have people input. Vice Chairman Teele: As directed by the district Commissioner, it will be 60 days, as what he said his motion implies, and I regret any hardship that that presents on the property owner, but the goal here is to get a solution. Is there further discussion on the motion to continue for 60 days? They'll be no further notice, and hopefully, they'll come and meet with you, all right? All those in favor of the motion to continue to the two items say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All opposed have the same right. The item is continued by a vote of 4/0. The following motion was introduced by Commissioner Gonzalez, who moved for its adoption: MOTION NO. 03-296 A MOTION TO CONTINUE CONSIDERATION OF PROPOSED ORDINANCES ON FIRST READING RELATED TO 536, 602, 608 AND 690 N.W. 57 AVENUE AND 601, 605, 611, 631 AND 641 N.W. 57 COURT, TO CHANGE FUTURE LAND USE DESIGNATION OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN FROM SINGLE FAMILY RESIDENTIAL AND GENERAL COMMERCIAL TO RESTRICTED COMMERCIAL AND TO AMEND ZONING ORDINANCE 11000 TO CHANGE ZONING ATLAS FROM C-2 LIBERAL COMMERCIAL AND R-1 SINGLE-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL, TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR MAY 22, 2003. 209 March 27, 2003 Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Vice Chairman Teele: Madam Director. Madam Director. Mr. Attorney, would you get back to us on getting notices tied in through the occupational licenses to see -- Commissioner Gonzalez: Regular agenda. Vice Chairman Teele: -- if we can get something on line as it relates to that? Mr. Maxwell: Yes, sir. Vice Chairman Teele: Madam Director. Ms. Slazyk: That's it. Vice Chairman Teele: You have nothing else? Ms. Slazyk That's it. The last two items are Sewell Park. That was continued. Commissioner Sanchez: Regular agenda. Vice Chairman Teele: The regular agenda. Note for the Record: At this point, the City Commission closes consideration of items from the Planning and Zoning portion of the agenda to consider items from the regular portion of the agenda. 210 March 27, 2003 47. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF SOLE SOURCE; WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND APPROVE PROCUREMENT OF SERVICES TO MIGRATE CITY'S SCI FINANCIAL SYSTEM FROM UNISYS MAINFRAME TO AN NT SERVER -BASED COMPUTER SYSTEM, FROM GEMS (GOVERNMENT E -MANAGEMENT SOLUTIONS, INC.), SOLE SOURCE PROVIDER, FOR DEPARTMENT OF FINANCE; AUTHORIZING ONE-TIME EXPENDITURE. $275,000; FUNDING ALLOCATED FROM CIP ACCOUNT. Vice Chairman Teele: The regular agenda. OK, we deferred the -- is the City Attorney here? Joel Maxwell (Deputy City Attorney): Mr. Vilarello is probably in the back. Vice Chairman Teele: Could we temporarily pass the special consent agenda 1 thorough 68? Is the Attorney here? He's got the item -- Mr. Maxwell: Mr. Vilarello is in the back. I believe he's on his way out, I'm sure. Vice Chairman Teele: He's got the items we want to pull. Can we just go through the balance of the white pages and then do the pocket items and blue pages? Do you want to do blue pages? Commissioner Regalado: What about C-20. Vice Chairman Teele: C-20 was deferred to 9/15 at the next meeting. Commissioner Regalado: Oh, OK. Vice Chairman Teele: Item number 4 is a resolution requiring a four-fifths vote. Item number 4. Commissioner Gonzalez: On the regular agenda. Vice Chairman Teele: A resolution -- yes, sir. This is a public hearing ratifying and confirming the Manager's finding of a sole source for the City's SCI (Systems Consultants, Inc.) financial systems from the unit's mainframe. Commissioner Gonzalez: Move 4, Item 4. Vice Chairman Teele: Moved -- Commissioner Sanchez: Second. Vice Chairman Teele: -- and second. Madam Clerk, call the roll. Priscilla A. Thompson (City Clerk): Roll call on Item 4. 211 March 27, 2003 The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-297 A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR- FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND APPROVING THE PROCUREMENT OF SERVICES, SOFTWARE LICENSES AND MAINTENANCE FROM GOVERNMENT E - MANAGEMENT SOLUTIONS, INC. (GEMS) THE SOLE SOURCE PROVIDER, FOR THE DEPARTMENT OF FINANCE TO MIGRATE THE CITY'S SCI FINANCIAL SYSTEM FROM A UNISYS MAINFRAME TO AN NT SERVER -BASED COMPUTER SYSTEM, IN AN AMOUNT NOT TO EXCEED $275,000, AND PROVIDING FOR THE OPTION TO EXTEND ANNUAL MAINTENANCE SERVICES, FOR A FIRST YEAR COST OF $21,000, WITH ANNUAL MAINTENANCE FOR GEMS COMPONENTS LIMITED TO NO MORE THAN $47,000 FOR THE SECOND YEAR, AND INCREASES OF NO MORE THAN FIVE PERCENT (5%) PER YEAR THEREAFTER; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 311027 AND 311613, AND THE DEPARTMENT OF INFORMATION TECHNOLOGY SPECIAL REVENUE FUNDS. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton 212 March 27, 2003 48. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF SOLE SOURCE; WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVE PROCUREMENT OF LIFEPAK DEFIBRILLATOR/MONITORS AND ACCESSORIES, FROM MEDTRONIC PHYSIO -CONTROL CORPORATION, SOLE SOURCE PROVIDER TOTAL CONTRACT AWARD $268,439.25, FOR DEPARTMENT OF FIRE -RESCUE; ALLOCATE FUNDS FROM "MIAMI-DADE COUNTY EMS GRANT (FY `2001-02)". Vice Chairman Teele: Item 5, four-fifths vote. Commissioner Gonzalez: Move Item 5. Vice Chairman Teele: Is there a second? Commissioner Sanchez: Second. Vice Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: Is there anyone saying "no?" It's unanimously adopted. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-298 A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR- FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PROCUREMENT OF LIFEPAK DEFIBRILLATOR/MONITORS AND ACCESSORIES, FOR THE DEPARTMENT OF FIRE -RESCUE FROM MEDTRONIC PHYSIO - CONTROL CORPORATION, THE SOLE SOURCE PROVIDER OF THIS EQUIPMENT, ON A CONTRACT BASIS FOR A ONE-YEAR PERIOD, WITH THE OPTION TO EXTEND FOR TWO ADDITIONAL ONE-YEAR PERIODS, IN AN ESTIMATED ANNUAL AMOUNT OF $89,479.75, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $268,439.25; ALLOCATING FUNDS FROM THE "MIAMI-DADE COUNTY EMS GRANT (FY `2001-02)," PROJECT NO. 104014, ACCOUNT CODE NOS. 280777.6.840 ($70,000) AND 280774.6.840 ($19,479.75), SUBJECT TO AVAILABILITY OF FUNDS. 213 March 27, 2003 Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton 49. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF SOLE SOURCE; WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVE PROCUREMENT OF MAINTENANCE AND REPAIR SERVICES OF FERNO EMERGENCY AMBULANCE COTS, FROM MEDCO EQUIPMENT REPAIR, INC., D/B/A EMSAR OF SOUTH FLORIDA ("EMSAR"), SOLE SOURCE PROVIDER, TOTAL CONTRACT $54,599.69, FOR DEPARTMENT OF FIRE -RESCUE. Vice Chairman Teele: Item number 6. Commissioner Gonzalez: Move 6. Vice Chairman Teele: Is there a second? Commissioner Regalado: Second. Vice Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: Is there anyone saying "no"? The item is unanimously approved by a four-fifths vote. 214 March 27, 2003 The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-299 A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PROCUREMENT OF MAINTENANCE AND REPAIR SERVICES OF FERNO EMERGENCY AMBULANCE COTS FOR THE DEPARTMENT OF FIRE -RESCUE, FROM MEDCO EQUIPMENT REPAIR, INC., D/B/A EMSAR OF SOUTH FLORIDA, THE SOLE SOURCE PROVIDER, ON A CONTRACT BASIS FOR A ONE-YEAR PERIOD, WITH THE OPTION TO EXTEND FOR TWO ADDITIONAL ONE-YEAR PERIODS, IN AN AMOUNT NOT TO EXCEED $17,316, FOR THE FIRST YEAR, WITH ANNUAL INCREASES NOT TO EXCEED 5% FOR EACH OPTIONAL YEAR, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $54,599.69„ ALLOCATING FUNDS FROM ACCOUNT NO. 001000.280701.6.670. Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Vice Chairman Teele: Item number 7. Commissioner Gonzalez: Move Item number 7. Joe Arriola (City Manager): Hello, hello -- Commissioner Sanchez: Public hearing. Mr. Arriola: -- hello. Excuse me, I would like to withdraw item number 7. Commissioner Sanchez: All right. Commissioner Gonzalez: You would like to withdraw? 215 March 27, 2003 Commissioner Sanchez: Withdraw. Mr. Arriola: Yes. Commissioner Gonzalez: OK. Priscilla A. Thompson (City Clerk): That -- Commissioners, that was pulled earlier this morning before we started. Vice Chairman Teele: I stand corrected. I stand corrected. Item number 7 has been withdrawn. Item 7A is gone. 50. WITHDRAW PROPOSED (a) WAIVER OF CONFLICT AND (b) ENGAGEMENT OF CARLOS GIMENEZ AS CONSULTANT TO COORDINATE AND ASSIST IN DEVELOPMENT PROCESS AND ADVISE MANAGER CONCERNING ISLAND GARDENS PROJECT OF WATSON ISLAND. Vice Chairman Teele: Item 8. Item number -- sir, are you here on an item? Unidentified Speaker: On 8A. I'll be 8A. Vice Chairman Teele: On 8A? Unidentified Speaker: Yeah, which is a companion. Joe Arriola (City Manager): Sir, 8 and 8A, we want -- is that where we are? Vice Chairman Teele: 8 and 8A. Mr. Arriola: We want to withdraw. Vice Chairman Teele: You want to defer it or withdraw it? Mr. Arriola: Withdraw. Commissioner Gonzalez: Item 8? Vice Chairman Teele: Item 8 is moved to -- request by the Manager to withdraw 8 and 8A. Is there a motion? Commissioner Sanchez: So moved. Vice Chairman Teele: By Commissioner Regalado? Is there a second -- Commissioner Regalado: Second. 216 March 27, 2003 Vice Chairman Teele: Is there a second to withdraw? Commissioner -- Commissioner Sanchez: It's (UNINTELLIGIBLE). Which item, Commissioner Teele? Vice Chairman Teele: Sir? Commissioner Sanchez: Which item are we on now? Vice Chairman Teele: Items 8 and 8A are being withdrawn at the request of the Manager. The motion is by Commissioner Regalado. Is there a second? Commissioner Sanchez: Second. Vice Chairman Teele: Is there objection? All those in favor, signify by the sign of "aye." All those opposed say, "no." No. Commissioner Gonzalez: What are we doing here? Vice Chairman Teele: One "no." The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 03 -3 00 A MOTION WITHDRAWING FROM TODAY'S AGENDA PROPOSED (a) WAIVER OF CONFLICT AND (b) ENGAGEMENT OF CARLOS GIMENEZ AS CONSULTANT TO COORDINATE AND ASSIST IN THE DEVELOPMENT PROCESS AND ADVISE THE CITY MANAGER CONCERNING ISLAND GARDENS PROJECT OF WATSON ISLAND. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: Vice Chairman Arthur E. Teele, Jr. ABSENT: Chairman Johnny L. Winton 217 March 27, 2003 51. AUTHORIZE MANAGER TO EXECUTE PERPETUAL NON-EXCLUSIVE EASEMENT TO STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION OF 200 SQUARE FEET OF CITY -OWNED PROPERTY LOCATED AT 1975 NORTHWEST 12TH AVENUE FOR CONSTRUCTION AND IMPROVEMENT OF STATE ROAD 933. Vice Chairman Teele: Item number 9. Commissioner Sanchez: So moved. Vice Chairman Teele: Move -- Commissioner Gonzalez: Second. Vice Chairman Teele: -- and seconded. Is there objection? Commissioner Gonzalez: FDOT (Florida Department of Transportation) got me nervous. Second. Vice Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All opposed, say "no." The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-301 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PERPETUAL NON-EXCLUSIVE EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION OF APPROXIMATELY 200 SQUARE FEET OF CITY - OWNED PROPERTY LOCATED AT APPROXIMATELY 1975 NORTHWEST 12TH AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN ATTACHED AND INCORPORATED "EXHIBIT A," FOR THE CONSTRUCTION AND IMPROVEMENT OF STATE ROAD 933. 218 March 27, 2003 Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton 52. DIRECT MANAGER AND CITY ATTORNEY TO REVIEW ONE CENT SALES TAX FOR TRANSIT AND TO PLACE ON AGENDA IN 30 DAYS COMPREHENSIVE PLAN TO REVIEW ALL BUS BENCH AND BUS SHELTER POSITIONING, TAKING INTO CONSIDERATION ADA, SIDEWALKS, EASEMENTS, ACQUISITION OF LAND. Vice Chairman Teele: Mr. Manager, on this Item, as a companion item, is Mr. Monzon-Aguirre awake or around? Joe Arriola (City Manager): He's right here, sir. Vice Chairman Teele: All right. Mr. Manager, I think one of the things that we've really got to take another look at is this whole issue of the gas tax -- I'm sorry, the one -cent sales tax for transit -- Mr. Arriola: Half a penny. Vice Chairman Teele: -- and I realize that we're looking at a lot of things. I would like to request that we put on the agenda for the 30 days a request from you and the Attorney to come forth with a comprehensive plan to review all of the bus bench and bench shelter positioning, and to come in with a comprehensive plan to rationalize it and make sense out of it, and as we talk about ADA (Americans with Disabilities Act), as we talk about sidewalks being done, we don't need to -- see, part of the problem with the sidewalk and all that is we don't need to submit past problems; we need to rectify some problems. We're going to need a lot of easements. We're going to need some acquisition of land because we've got a mess out there and there's no reason, with the dollars that the citizens have voted, that we don't address it, but we need to address it very quickly. Victor Monzon-Aguirre: Commissioners, as part of my negotiations -- Victor Monzon-Aguirre, Chief Neighborhood Services -- As part of my negotiations with the bus bench companies, we've come up with two alternatives because of the ADA restrictions of benches without backs that would allow us to have sufficient space for the ADA. I understand what you're saying about other acquisitions of other properties in a whole complete plan. 219 March 27, 2003 Vice Chairman Teele: Part of the plan, Victor, from my point of view is we need to forget the bus bench company, the bus shelter company, and we need to look at this as an ADA citizens issue and not let the bus benches and bus shelters drive our policy, and the way we write these contracts -- and this happened 20 years ago; they're all gone, dead, God bless them, but they were sitting around at the golf club and they made all these decisions, and those decisions have never been rationalized, and I've look at a lot of the bus benches that we are erecting and I'm not being critical of it, but the bus bench company can't go out and be a city. They can't go out and get easements. For some cases, we may need to acquire strips of land. We need a master program to rationalize this, but what we're doing is we're just sticking bus benches wherever we can without regard to the fact that half of the places -- if you go down Northwest 7th Avenue, we've got bus benches stuck all over, and you know who owns most of the land? The DOT (Department of Transportation), the University of Miami, or Miami -Dade County. There's no way we can't get an agreement with them for an easement or setback and that, but we're just letting the bus bench companies, the bus shelter companies -- we need to take control of this, and this easement thing is the way to do it, Victor. Mr. Monzon-Aguirre: Fine, Commissioner, we'll take that under consideration in working with the City Attorney's Office to come up with a comprehensive plan toward that direction. Vice Chairman Teele: I really would appreciate it. I think the money is not the issue because we need to prioritize this. Because you know, we're going to get ADA complaints about the way some of this stuff is being -- Mr. Monzon-Aguirre: Um -hum. Vice Chairman Teele: You know, I don't want to raise any issues, but we really are. Mr. Monzon-Aguirre: We recognize that, Commissioner. Vice Chairman Teele: Item number 10. Commissioner Gonzalez: That was done, I believe. Vice Chairman Teele: I'm sorry. Commissioner Sanchez: Yeah. Commissioner Gonzalez: 11 was done, I believe. Commissioner Sanchez: 10, 11, and 12 were all CDBG (Community Development Block Grant). They were all done. Vice Chairman Teele: All of the CBDG [sic] items, which takes us over to -- Commissioner Regalado: 18. 220 March 27, 2003 53. EMERGENCY ORDINANCE: AMEND ORDINANCE NO. 12280, CAPITAL PROJECTS APPROPRIATIONS ORDINANCE, TO ESTABLISH NEW CAPITAL PROJECT NO. 333138 ENTITLED "FERN ISLE CLEANUP AND RENOVATION" AND APPROPRIATE $580,000 FROM UNALLOCATED HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND FUNDS FOR SAID PROJECT. Vice Chairman Teele: 18. Now, what I said is this, if there's anybody who's opposed to an item rather than killing it, if you'd move to defer, it's a much better way. OK. Commissioner Regalado: I have a question. Vice Chairman Teele: This requires a four-fifths vote. Commissioner Regalado: I have a question. Vice Chairman Teele: Commissioner Regalado, Commissioner Gonzalez. Commissioner Regalado: From where is this unallocated, homeland bond funds, from what unallocated? Is it from Parks? Jorge Cano: Commissioner, I'm Jorge Cano, director of Capital Improvements. This will come from the unallocated $26,000,000 from Homeland Defense. Vice Chairman Teele: No. There is no such title as that. What line item in the bond ordinance -- Mr. Cano: Oh, I'm sorry. It will be the Fern Isle Cleanup and Renovation, (UNINTELLIGIBLE) CIP (Capital Improvements Program) project 333138. Vice Chairman Teele: Say again. Mr. Cano: It's CIP project 333138. Vice Chairman Teele: No. Look at the bond ordinance. The bond ordinance contains a list of proj ects. Mr. Cano: Right. Vice Chairman Teele: Where are you getting the money from? Mr. Cano: It's called the Fern Isle Cleanup and Renovation. Vice Chairman Teele: In the bond ordinance? That was not on the ordinance. The bond ordinance is what the people voted for. Commissioner Gonzalez: Yes, it was. Fern Isle -- 221 March 27, 2003 Vice Chairman Teele: There was a Fern Island [sic]? Mr. Cano: Yes. Commissioner Gonzalez: The Fern Isle Park was the one that was contaminated by the entire City of Miami. They used my district as a dump site to dump everything -- Vice Chairman Teele: I stand corrected Commissioner -- Commissioner Gonzalez: -- that the City picked up in the entire -- Commissioner Sanchez: Serious -- Vice Chairman Teele: -- Gort -- Commissioner Gonzalez: -- and dumped in my park -- Commissioner Sanchez: -- environment (UNINTELLIGIBLE). Commissioner Gonzalez: -- OK? Vice Chairman Teele: -- should be credited because he did put -- Commissioner Gonzalez: Yes, definitely, he's credited for it. Vice Chairman Teele: -- that line item there. OK, so it's coming from the Fern Island [sic], but what we've asked everybody to do is to identify from the bond ordinance so that we can start there and then these internal numbers don't get lost. Mr. Cano: OK. Vice Chairman Teele: And what is that -- what category is that item? Mr. Cano: That's under Parks and Recreation. Vice Chairman Teele: Oh, that -- you're right. Commissioner Sanchez: So, the question is was it properly appropriated and allocated? And the question is yes. Mr. Cano: Yes. Vice Chairman Teele: No, it's not allocated. It's -- Mr. Cano: Well -- 222 March 27, 2003 Commissioner Regalado: No, no, it's not allocated. Vice Chairman Teele: -- coming from an unallo -- he's moving it from an unallocated pool. Mr. Cano: Well, it has $9,000,000 approved, but not in the first series -- Commissioner Sanchez: Not in the first series. Mr. Cano: -- and -- Vice Chairman Teele: So, it's coming against something. Let the games begin. Commissioner Regalado: But -- Mr. Cano: -- we have received a letter of violation from DERM (Department of Environmental Resources Management) that has received extension letters. Commissioner Gonzalez: OK. Let me -- if you allow me, Mr. Chairman. Let me refresh everybody's memories. Commissioner Sanchez: You don't (INAUDIBLE). Commissioner Gonzalez: No, I just want to refresh everybody's memory because sometimes you got to refresh people's memory. When I first became a Commissioner, this pie was already cooked and divided, you know, with the Commissioner that presided [sic] me in this seat. Once I came in, I noticed that a park in my district was used as a dump site for every Public Works work that was done in the entire City of Miami for the last 30 years, probably, and I went to visit the park and there were mountains of everything and anything that you can find in the entire city, so whoever distributed the pie of the bond monies at that time that I was not a Commissioner said, well, you know, let's have District 1 pay for the entire contamination and the cleanup of the park that the entire City of Miami contaminated and screwed up, so I said no way, Jose. You are not going to take the $9,000,000 from my neighborhood to clean up something that everybody in this City polluted, so I said either this becomes a City work project or I'll assume one-fifth of the cost of cleaning up the park, and I'll assume one-fifth for whatever my district contributed to the contamination of this park, so now is the time to clean it up. At the time they told me -- first of all, they told me that it will cost $9,000,000. I could not figure in my mind how it could cost $9,000,000. I don't know what was going to -- what was happening with the figures. Maybe we had somebody doing numbers here that didn't know how to add and subtract or whatever, and I don't want to go into the detail of why that was going to cost $9,000,000, but I remember that I said, if I have to hire professional consultants to give me a quote on how much this is going to cost, I'm going to go to a private enterprise and find out how much this is actually going to cost, and now we have an answer. From $9,000,000 it has come down to $580,000, so you know, I'm willing to pay it from my fifth contribution or if you don't want to clean it, don't clean it; let government -- the federal government jump on the City and, you know, hey, whatever. You know, to me, I'm fine, I'm fine. 223 March 27, 2003 Mr. Cano: If I may add, Commissioner, already the cleanup has started -- Commissioner Sanchez: Yes. Mr. Cano: -- because Public Works had some funds available and over 300 truckloads of construction debris and material were removed, so I suspect that the cost is going to be below what we quoted in the letter. Commissioner Gonzalez: That's even better. Mr. Cano: Yes. Commissioner Gonzalez: That proves that we have the right administration in charge of this City now. If it's going to cost even less than this, we have the right people in place now. Commissioner Sanchez: So move to amend the ordinance. Commissioner Gonzalez: Second. Commissioner Regalado: Mr. Chairman, question. Vice Chairman Teele: OK, before we do, whose district is this in? Commissioner Gonzalez: My district. Mr. Cano: Commissioner Gonzalez. Vice Chairman Teele: Do you mind letting Commissioner Gonzalez move it for the sake -- Commissioner Sanchez: Does it matter? Vice Chairman Teele: Moved by Commissioner Gonzalez. Commissioner Sanchez: Second. Vice Chairman Teele: Second. OK, and discussion, Commissioner Regalado. Commissioner Regalado: Just a question. On the ordinance, what was the amount, original amount and the difference now? Mr. Cano: The cleanup and renovation amount is listed at $9,000,000. Commissioner Regalado: The cleanup and renovation. Mr. Cano: That says that it's listed. 224 March 27, 2003 Commissioner Regalado: For that park? Mr. Cano: Yes. Commissioner Regalado: On the ordinance? Mr. Cano: Yes, sir. Commissioner Regalado: So -- Vice Chairman Teele: What's the amount in the ordinance? Commissioner Regalado: $9,000,000. Mr. Cano: Well, there's two pieces here, cleanup and renovation. Commissioner Regalado: OK. Now, my question is, let's work backwards, like we discussed the other day. If there is in the ordinance, it cannot be modified. What do we do with the money left over from half a million to $9,000,000? Mr. Cano: Commissioner, I believe when it says cleanup and renovation was both for cleanup and for the parks development, aspect of the park. Commissioner Regalado: So, you mean to tell me that we have $9,000,000 for Fern Isle Park? Mr. Cano: Right -- Commissioner Gonzalez: That's right. Mr. Cano: -- and part of that is for the cleanup. Commissioner Regalado: I understand that. Mr. Cano: Yes. Commissioner Regalado: I understand that, because it was disputed to me that the only money available for Bryan Park with $62,000 and that it was impossible to access more money, and that is my question here. Mr. Cano: OK. In the case of Fern Isle, it is capped at $9,000,000. In the case of -- let's see where my analyst is -- Bryan Park, right? What was the figure in the ordinance for Bryan Park? Wasn't it $60,000? Unidentified Speaker: Sixty thousand. 225 March 27, 2003 Mr. Cano: It was -- $60,000 was the number identified for Bryan Park. Commissioner Regalado: Right. Mr. Cano: So, that was the cap, so according to the ordinance, we can't spend more than the cap, so the cleanup for Fern Isle is within the $9,000,000 cap. Vice Chairman Teele: Mr. Chairman -- I mean, Commissioner Regalado, Commissioner Gonzalez, you need to pay real close attention because this board has got to establish a policy and we can't let one drift out. Speaking for myself, if Fern Park is going to have an excess in dollars after it's been totally done, those dollars must remain within the district -- Commissioner Regalado: Of course. Vice Chairman Teele: -- that it was allocated in. To do anything else is going to create all sorts of discontent -- and I don't know, Mr. Attorney, if we have dealt with that contingency, but we certainly need to have an ordinance that would say something; that it will stay there and -- unless it's by unanimous consent moved somewhere else outside of the district. Commissioner Gonzalez: Mr. Chairman, if you allow me, sir. Let's also, refreshing the memory, remember that from the bond issue, from the actual bond issue, I only got $10,000,000 OK, so let's make that clear. From the bond issue, from the entire bond issue, I only got $10,000,000. Vice Chairman Teele: You got 900 -- Commissioner Gonzalez: No, no, no, no. Wait a minute. No, no, no. I didn't get the nine there. I still don't have a penny. I got -- when the monies were assigned, $10,000,000 were assigned to my district. When I got upset and I said I'm not going to take this, and this is offensive to my people and to my district -- and let me tell you, this is not business as usual with me, as far as District 1 is concerned. It's no more business as usual, OK. Then the administration told me, "Don't worry. Take it easy. We're going to get you another ten million from another account so you can do some streets and sidewalks," so you know, they were giving me some help. They were giving the people in my district -- you know, we're going to give you something since you - - some candy so you know, you can take it easy and don't create waves, so -- but actually, from the bond issue, I just got $10,000,000, while each one of you got 20 and 30 and 25, so you know, let's set the record straight. Commissioner Regalado: No. Commissioner Gonzalez: Yes. Commissioner Regalado: No. Commissioner Gonzalez: You got $20,000,000. 226 March 27, 2003 Commissioner Regalado: But $10,000,000 only from bond issue. How much you want to bet? Commissioner Gonzalez: No, sir. Commissioner Regalado: Yes. Commissioner Gonzalez: No, sir. Commissioner Regalado: Remember, Angel, Angel, Angel, $10,000,000 were from unallocated and $10,000,000 for the bond issue. Commissioner Gonzalez: What do you mean from allocated? Vice Chairman Teele: See, we're confusing -- Commissioner Regalado: Those projects that never -- they came from the same place that came your $10,000,000. Vice Chairman Teele: We're confusing bond allocation with -- Commissioner Regalado: No, no, no, no, no. He's talking -- I know what he's talking about -- Vice Chairman Teele: -- bond authorization. Commissioner Regalado: -- and he's right, but I'm right, too. Your $10,000,000 came from the same way -- Commissioner Gonzalez: Then you and I -- Commissioner Regalado: -- that maintain (UNINTELLIGIBLE). Commissioner Gonzalez: -- got the, you know, short end of the stick. Commissioner Regalado: So, I didn't get 20 million. Commissioner Gonzalez: Well -- and I'm not complaining, I'm not complaining. Commissioner Regalado: I'm not complaining, but I just -- Commissioner Gonzalez: Listen -- Commissioner Regalado: -- want to set the record straight. Commissioner Gonzalez: -- as long as I do projects in my district and I'm -- that I can benefit my constituents and do sidewalks and street and whatever my district needs, I don't care if you 227 March 27, 2003 get hundred millions, and you get another hundred million. You know, I'm not here to criticize you going to get more than me, whatever, but my district is going to get its fair share -- Commissioner Sanchez: My advice to you -- Commissioner Gonzalez: -- because (UNINTELLIGIBLE) -- Commissioner Sanchez: -- is get everything in writing because there's no more gentleman agreement in this Commission. Commissioner Gonzalez: Huh? Right, so you know -- Commissioner Sanchez: Put everything in writing because there's no more gentlemen's agreement in this Commission. Vice Chairman Teele: No. I think everything should be in writing. I don't think anything should be done of a personal relationship basis. Commissioner Gonzalez: Definitely. Vice Chairman Teele: It's not fair to the constituents, and I've said repeatedly to Ms. Haskins and, I mean, I'll say it to the Manager, Ms. Haskins, I've said repeatedly, I believe that if there is an equity issue, Commissioner Gonzalez, and I believe there is, that we should do a second bond issue. I think we should take a percentage of the gas tax and bond it out for streets, sidewalk, drainage -- Commissioner Gonzalez: Infrastructure. Vice Chairman Teele: -- and I, for one, would be prepared to say that is should be done as a holistic approach looking at the 255 and looking at the amount of money, and so if somebody didn't get what they feel is the whole, then make the whole up on the streets and drainage, and I'll support it. We could do $70,000,000 of bond capacity right now and still have half of the reoccurring dollars to come back, but you know, the problem is this: we don't have a good history as a city of being able to move capital projects, and I mean, Ms. Haskins, can write an epistle on that I'm sure, and the point is until we can get the kind of program moving, you know, the Manager may not be comfortable coming back with that bond issue for street, sidewalks, and drainage that we have the capacity for, and all that I'm saying to you, whatever the Manager and management is willing to do that, I'm going to support it and I'm going to support it to say let's look at the 255 by district, OK, and let's look at any shortcomings and let's start out with any supplemental bond issue for street, sidewalks, and infrastructure to make whole those districts that feel that they were not made whole, and I mean, I'll rely on -- upon the professional judgment, but you know, is the Orange Bowl a district resource or is it -- ? Commissioner Sanchez: It is not as district resource. Vice Chairman Teele: I'm asking the question rhetorically. Is it a district resource or is it a -- 228 March 27, 2003 Commissioner Sanchez: It's a regional. Vice Chairman Teele: -- regional resource? And should District 5 be penalized for the fact that 107 years a community didn't have a park -- Commissioner Gonzalez: Of course not. Vice Chairman Teele: -- when, in fact, all of the re -- the Mayor stood up today and he said he wants a celebration -- we need to get -- Did we ever get the Mayor's State of the City speech? He wants to have celebrations in parks. Well, you know what? Somebody's going to get left out. If you don't have a park, you're left out. If you distribute the food, the hot food, the way we've done for the last 20 years in this City through the parks, somebody's going to get left out, so I don't mean do you punish the district for what the City didn't do? Commissioner Gonzalez: Exactly. Vice Chairman Teele: I mean, so we just have to be fair, and I think we all are -- you know, at least some of us are going to be gentlemen about this. Commissioner Gonzalez: That's exactly what I'm referring to -- Commissioner Sanchez: Mr. Chairman. Commissioner Gonzalez: -- and I think you and I are on the same (UNINTELLIGIBLE). Commissioner Sanchez: Mr. Chairman. Vice Chairman Teele: I am 100 percent in support of you, Commissioner Gonzalez, in your desire to get reconciliation of what you believe may be a shortfall. Commissioner Gonzalez: Yes, sir. Thank you. I mean -- Commissioner Sanchez: And I don't -- I don't have a problem bonding out again. I think it's a great idea, but I'm not comfortable -- we -- CIP has not moved to a point where I feel comfortable that the City can deliver, and we are making progress. I feel very comfortable now that we are making progress to deliver what the taxpayers voted for under the bond issuance. Later on, a year from now, once we start putting up these major projects, and people feel comfortable in the process, we have established a process where things tend to flow better, I would consider and encourage that we look at those avenues, but now, I don't want to rush into things where, you know, we'll end up, instead of helping the City, hurting the City on a bond issuance. Commissioner Gonzalez: All right. 229 March 27, 2003 Vice Chairman Teele: All right. On the (UNINTELLIGIBLE) item, we have a motion, we have a second. It requires a four-fifths vote. It is an ordinance. Mr. Attorney, would you read the ordinance? An Ordinance Entitled — AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 12280, THE CAPITAL PROJECTS APPROPRIATIONS ORDINANCE, TO ESTABLISH NEW CAPITAL PROJECT NO. 333138 ENTITLED "FERN ISLE CLEANUP AND RENOVATION" AND APPROPRIATE $580,000 FROM UNALLOCATED HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND FUNDS FOR SAID PROJECT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Gonzalez and seconded by Commissioner Sanchez, for adoption as an emergency measure, and dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None ABSENT: Chairman Johnny L. Winton Whereupon the Commission on motion of Commissioner Gonzalez and seconded by Commissioner Sanchez, adopted said ordinance by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None ABSENT: Chairman Johnny L. Winton SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12348. The ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): The ordinance is adopted as an emergency measure, 4/0. 230 March 27, 2003 54. AUTHORIZE MANAGER TO NEGOTIATE AND EXECUTE SPECIFIC COST AGREEMENT WITH BND ENGINEERS, INC. FOR DESIGN DEVELOPMENT, PREPARATION OF BIDDING AND CONSTRUCTION DOCUMENTS, CONSTRUCTION ADMINISTRATION AND POST -CONSTRUCTION ADMINISTRATION CONSULTING SERVICES RELATED TO FERN ISLE CLEANUP PROJECT; AND ALLOCATE $580,000 FOR SERVICES AND EXPENSES INCURRED BY CITY FROM CAPITAL IMPROVEMENT PROJECT ENTITLED "FERN ISLE CLEANUP AND RENOVATION". Vice Chairman Teele: Next item is -- Commissioner Gonzalez: 20. Vice Chairman Teele: Did we do 19? That was 18. Did we do 19? Joe Arriola (City Manager): (INAUDIBLE) 18 and 19. Vice Chairman Teele: You took it off? Mr. Arriola: 18, 19. Commissioner Gonzalez: It's 18, 19, sir. Jorge Cano (Assistant City Attorney): 19 is -- Commissioner Sanchez: No, no, no, no, no, you can't vote on two items at the same time. Mr. Cano: No. Commissioner Gonzalez: No. Vice Chairman Teele: No. We only voted on 18. Commissioner Sanchez: 18. This is 19. Mr. Cano: Yeah. Vice Chairman Teele: This is 19. Commissioner Gonzalez: 18. Now we've got to do 19. Mr. Cano: Right. Commissioner Sanchez: So move nine -- well -- Commissioner Gonzalez: Second 19. 231 March 27, 2003 Vice Chairman Teele: Moved and second. Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All opposed have the same right. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-302 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER'S ENGAGEMENT OF BND ENGINEERS, INC., SELECTED FROM THE LIST OF PRE -APPROVED ENGINEERING FIRMS, APPROVED BY RESOLUTION NO. 02-144, FOR THE DESIGN DEVELOPMENT, PREPARATION OF BIDDING AND CONSTRUCTION DOCUMENTS, CONSTRUCTION ADMINISTRATION AND POST - CONSTRUCTION ADMINISTRATION CONSULTING SERVICES RELATED TO THE FERN ISLE CLEANUP PROJECT, AT SPECIFIC COSTS TO BE DETERMINED BY (1) THE SCOPE OF SERVICES REQUIRED FOR SAID PROJECT, AND (2) TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT WITH BND ENGINEERS, INC. EXECUTED PURSUANT TO RESOLUTION NO. 02-144; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; AND ALLOCATING FUNDS IN AN AMOUNT NOT TO EXCEED $580,000 FOR SERVICES AND EXPENSES INCURRED BY THE CITY, FROM CAPITAL IMPROVEMENT PROJECT NO. 333138, ENTITLED "FERN ISLE CLEANUP AND RENOVATION." Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton 232 March 27, 2003 55. SECOND READING ORDINANCE: AMEND SECTION 18-87 OF CITY CODE ENTITLED "PURCHASING AND CONTRACTS GENERALLY," CITY PROCUREMENT ORDINANCE, TO PROVIDE THAT MANAGER MAY AWARD CERTAIN PROFESSIONAL CONTRACTS UNDER CONSULTANTS' COMPETITIVE NEGOTIATION ACT (CCNA) WHICH DO NOT EXCEED $500,000 IN VALUE. Vice Chairman Teele: Item number 20. Commissioner Regalado: It was deferred. Commissioner Gonzalez: Move Item 20. Vice Chairman Teele: Was 20 deferred? Commissioner Regalado: No. Alejandro Vilarello (City Attorney): This is second reading ordinance. Commissioner Regalado: Oh, it's second reading. Commissioner Sanchez: See, 20 -- Item 20 goes along with what we're trying to accomplish here on CIP (Capital Improvement Projects) expediting the projects. I mean, it just -- it's an authorization for consulting competitive negotiation, not to exceed $500,000, so move. Commissioner Gonzalez: Second. Vice Chairman Teele: Let me ask this. Mr. Manager, would you accept an amendment requiring or amending this to require that you submit to the Commission, in writing, any actions that you take pursuant to this? Mr. Vilarello: This ordinance requires that -- Vice Chairman Teele: All right. Mr. Vilarello: -- and allows the Commission five days to object to any such action he takes. Vice Chairman Teele: OK. That was -- all right. Does that -- isn't that required also on the expert consultant? Mr. Vilarello: No, sir, not on the expert consultant. Vice Chairman Teele: On the ordinance, we have a motion and a second. Is there a public hearing? Anyone desiring to be heard on this item? If not, the public hearing's closed. Mr. Attorney. The ordinance was read by title into the public record by the City Attorney. 233 March 27, 2003 Priscilla A. Thompson (City Clerk): Roll call on the ordinance. The ordinance is adopted on second reading, 4/0. 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 was passed on its first reading, by title, at the meeting of February 13, 2003, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Sanchez, seconded by Commissioner Gonzalez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12349. 55. ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "WEAPONS OF MASS DESTRUCTION ADMINISTRATIVE PREPAREDNESS/FEMA GRANT AWARD (FY 2002)." Vice Chairman Teele: Next item. Commissioner Gonzalez: Move Item 21. Vice Chairman Teele: Is there a second? 234 March 27, 2003 Commissioner Sanchez: Second. Vice Chairman Teele: Public hearing. Any persons desiring to be heard? If not, the public hearing is closed. Mr. Attorney. Priscilla Thompson (City Clerk): Roll call on the ordinance. The ordinance is adopted on second reading, 4/0. An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "WEAPONS OF MASS DESTRUCTION ADMINISTRATIVE PREPAREDNESS/FEMA GRANT AWARD (FY 2002)" FOR THE OPERATION OF SAME IN THE AMOUNT OF $740,000 CONSISTING OF A GRANT ALLOCATED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FOR THE PERIOD BEGINNING JANUARY 10, 2003 THROUGH JANUARY 9, 2004 TO PURCHASE SPECIALIZED EQUIPMENT, STORAGE AND MAINTENANCE, TRAINING, MANAGEMENT, AND ADMINISTRATION OF THE SOUTH FLORIDA URBAN SEARCH AND RESCUE TASK FORCE WEAPONS OF MASS DESTRUCTION PREPAREDNESS PROGRAM; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AWARD FROM FEMA AND TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR ACCEPTANCE OF THE GRANT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE was passed on its first reading, by title, at the meeting of February 27, 2003, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Gonzalez, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12350. The Ordinance was read by title into the public record by the City Attorney. 235 March 27, 2003 57. DEFERRED: PROPOSED ORDINANCE AMENDING SECTIONS 2-526 THROUGH 2- 532 OF CITY CODE ENTITLED "ADMINISTRATION, DEPARTMENTS," BY REPEALING DIVISION 13 ENTITLED "DEPARTMENT OF INTERNAL AUDIT AND REVIEWS,", AND SUBSTITUTING IN LIEU THEREOF NEW CODE SECTIONS 2-526 THROUGH 2-531 ENTITLED "OFFICE OF INDEPENDENT AUDITOR GENERAL," TO ESTABLISH RESPONSIBILITIES AND OPERATING PROCEDURES OF IAG; AND PROPOSED APPOINTMENT OF VICTOR I. IGWE AS INDEPENDENT AUDITOR GENERAL OF CITY. (See #59). Vice Chairman Teele: Now, 22 and 23, so that Commissioner Winton could be present, was deferred. Could we agree to hear this item at 9:10 at the next meeting? We have a 9:15 item, but we have people who are on the board that advise us and we ought to at least let them come in and get out. This was (UNINTELLIGIBLE) -- Commissioner Sanchez: Following the Workmen's Comp. (Compensation) issue? Vice Chairman Teele: Say again, sir. Commissioner Sanchez: Is that following the Workmen's Comp. scheduled for 9? Vice Chairman Teele: The Workmen's Comp. is at 9:15, so we do 9:10 and they'd get in, and hopefully, this -- Commissioner Regalado: What are we doing? Vice Chairman Teele: Well, we deferred this item because it is an appointment of the board of City Commissioners and we need five people, to be fair to Commissioner Winton. Commissioner Regalado: It's 25? Vice Chairman Teele: 22 and 23. Commissioner Sanchez: 22 and 23. Commissioner Regalado: Oh, oh, OK. Vice Chairman Teele: All right, 25. Commissioner Regalado: I understand what you're saying. Vice Chairman Teele: Mr. Attorney, would you explain what has been -- ? Alejandro Vilarello (City Attorney): So Item 22 and 23 then are deferred to 9:10 a.m. on the meeting of April 10? Vice Chairman Teele: Yes, sir. 236 March 27, 2003 58. FIRST READING ORDINANCE: AMEND SECTION 2-33 OF CITY CODE ENTITLED: "ORDER OF BUSINESS AND RULES OF PROCEDURE" TO PROVIDE THAT IF ENGAGEMENT OF EXECUTIVE DIRECTOR OF ANY BOARD IS REQUIRED TO BE APPROVED, RATIFIED, OR CONFIRMED BY COMMISSION, INDIVIDUAL ENGAGED BY BOARD SHALL MEET WITH EACH MEMBER OF COMMISSION PRIOR TO SUCH APPROVAL, RATIFICATION OR CONFIRMATION. Vice Chairman Teele: Item number 25. Commissioner Sanchez: Number 25. Vice Chairman Teele: Item number 25 requires that executive directors -- Alejandro Vilarello (City Attorney): Oh, I'm sorry. This is the ordinance that -- Vice Chairman Teele: -- come before and at least meet with the board members. If you don't want to meet, fine, but at least they're required to attempt to get a meeting with Commissioners. Mr. Vilarello: Yeah. This was requested several meetings ago, since several members of the City Commission did not have an opportunity to meet with an executive director who was being appointed, and Commissioner requested -- Commissioner Teele requested that this item be codified with the requirement that each executive director be given -- at least give each Commissioner the opportunity to meet with them -- Commissioner Sanchez: Yeah. Mr. Vilarello: -- prior to be -- Commissioner Sanchez: Which is fine. Mr. Vilarello: -- considered by the Commission. Commissioner Gonzalez: So move. Move 25. Commissioner Sanchez: Second. Did we -- Vice Chairman Teele: Moved and second. Commissioner Sanchez: -- vote on this before? Mr. Vilarello: This is first reading. Commissioner Sanchez: First reading. 237 March 27, 2003 Vice Chairman Teele: Moved and second. First reading. Is there anyone here to be heard? If not, read the ordinance. The ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Roll call on the ordinance. The ordinance is passed on first reading, 4/0. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING SECTION 2-33 OF THE CODE OF THE CITY OF MIAMI, ENTITLED: "ORDER OF BUSINESS AND RULES OF PROCEDURE" TO PROVIDE THAT IF THE ENGAGEMENT OF AN EXECUTIVE DIRECTOR, REGARDLESS OF TITLE, OF ANY BOARD AS DEFINED IN SECTION 2- 882 OF THE CITY CODE, IS REQUIRED TO BE APPROVED, RATIFIED, OR CONFIRMED BY THE CITY COMMISSION, THE INDIVIDUAL ENGAGED BY THE BOARD SHALL MEET WITH EACH MEMBER OF THE CITY COMMISSION PRIOR TO SUCH APPROVAL, RATIFICATION OR CONFIRMATION, AND THE CITY CLERK SHALL ASSURE THAT SUCH MEETINGS BETWEEN THE INDIVIDUAL AND THE MEMBERS OF THE CITY COMMISSION HAVE BEEN SCHEDULED; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Gonzalez, seconded by Commissioner Sanchez, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez Vice Chairman Arthur E. Teele, Jr. NAYS: None. ABSENT: Chairman Johnny L. Winton 59. DIRECT MANAGER TO PROVIDE NOTICE OF CONFIRMATION PUBLIC HEARING FOR INDEPENDENT AUDITOR GENERAL AT 9:10 A.M. ON COMMISSION MEETING CURRENTLY SCHEDULED FOR APRIL 10, 2003. (See #57) Commissioner Sanchez: Mr. Vice Chairman, before we move on to Item 22, being that that was a referendum vote, the Independent Auditor General, I believe that it can be done through a confirmation hearing. Vice Chairman Teele: Would you like to take up Item 22? 238 March 27, 2003 Commissioner Sanchez: Well, we passed it. It's just a suggestion. I mean, it was a referendum vote. I'm -- in a way I'm embarrassed that it took so long to create the Independent Auditor General. I'm -- Vice Chairman Teele: If you would like to move Item 22, there's no -- Commissioner Sanchez: Well, no. I think that Commissioner Winton needs to be here. I just think that when we discuss it at the next meeting, it should be done though a confirmation hearing. Vice Chairman Teele: Yes, sir. Thank you. Alejandro Vilarello (City Attorney): Commissioner, would you like us to advertise that as a public hearing, the confirmation? Commissioner Sanchez: Yes -- Vice Chairman Teele: Yes. Commissioner Sanchez: -- as a confirmation -- Vice Chairman Teele: It should be. Commissioner Sanchez: -- hearing, yes. Vice Chairman Teele: It really should be. Commissioner Sanchez is right. The point is that the voters have mandated it and we're looking like the Florida High Speed Rail. 60. DEFER FOR 60 DAYS CONSIDERATION OF PROPOSED ORDINANCE ON FIRST READING TO INCREASE THE NUMBER OF MEMBERS ON THE COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE FROM NINE TO TEN. Vice Chairman Teele: All right, next item is 26. Commissioner Regalado: Mr. Chairman. Vice Chairman Teele: Commissioner Regalado. Commissioner Regalado: I am -- I have a request to pull Item 26. Vice Chairman Teele: Motion to defer or to withdraw? Commissioner Regalado: To defer for 60 days. Vice Chairman Teele: To defer -- 239 March 27, 2003 Commissioner Sanchez: Move to defer. Commissioner Gonzalez: Second. Commissioner Sanchez: Second. Vice Chairman Teele: -- for 60 days, second. Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All opposed? The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 03 -3 03 A MOTION TO DEFER FOR 60 DAYS CONSIDERATION OF PROPOSED ORDINANCE ON FIRST READING TO INCREASE THE NUMBER OF MEMBERS ON THE COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE FROM NINE TO TEN. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton 61. FIRST READING ORDINANCE: AMEND CHAPTER 18, ARTICLE IX 2 OF CITY CODE ENTITLED "FINANCIAL INTEGRITY PRINCIPLES" TO REVISE DUE DATES FOR MULTI-YEAR FINANCIAL PLAN AND MULTI-YEAR CAPITAL IMPROVEMENT PLAN. Vice Chairman Teele: Mr. Manager, would you or Ms. Haskins explain what the financial integrity of principles or dates -- due dates are doing? Larry Spring (Chief of Strategic Planning, Budgeting & Performance): Good evening, Mr. Vice Chair and the Commission. I'm before you this evening to address the amendment to the financial integrity -- 240 March 27, 2003 Vice Chairman Teele: Mr. Spring, just give us your name and title for the record. Mr. Spring: Larry Spring, Chief of Strategic Planning, Budgeting and Performance, City of Miami. As outlined in the Manager's memo (memorandum), Chapter 18, Article IX/Division 2 of the Code, was revised establishing March 31 as the annual due date for the Five -Year Financial Plan and CIP (Capital Improvement Programs) plan. The intent of the change was to allow the Administration to develop a comprehensive strategic plan in both of those items. With the recent reorganization and change of personnel responsible for the development of those plans, specifically myself and director Jorge Cano, who's in charge of CIP, that development process has been delayed. In an effort to maintain compliance with the ordinance and to produce a product that will be comprehensive and a valuable management tool, we're requesting that the due date for the five-year fiscal plan moved to September 31. Vice Chairman Teele: Be moved from what to what? Mr. Spring: Moved from March 31 to September 31, and included in the annual budget, as it was this past fiscal year, and that the CIP plan be moved from March 31 to October 31 and be presented -- Oh, sorry. September 30, I'm sorry -- and be presented on the hills -- September 30 is in reference to the Five -Year Financial Plan. The CIP plan be moved to October 31 and presented on the hills of the annual budget process. The Commission should also note that the five-year fiscal plan will be presented in the same or similar format as the one currently in the budget book. Vice Chairman Teele: Well, Commissioner Gonzalez, Commissioner Sanchez, here we go. I mean, you know, this is the argument. I wasn't here. I need more time. There's something to be said for continuity. I mean, the majority of the Commission could live with it, but first of all, I think giving us something on September 30 is absolutely ridiculous. If we're going to get it, we need it by August 30. Mr. Spring: Well, in the budget process you will be receiving first reading -- Vice Chairman Teele: But that's not what you just said, sir, respectfully. If we're going to deal with it in the budget process, we need it, literally, by July 30. I mean, because the budget process is an earned by state law -- by state Constitution, I'm sorry, in September -- Commissioner Gonzalez: September. Vice Chairman Teele: -- and getting something on September 30, or for that matter, August 30, you basically make us potted plants. We can, you know, just sit here and rubber-stamp it. That should be required summer/August vacation reading. Mr. Spring: If you will, Mr. Commissioner, you will be receiving a draft of the budget. We're expected to give that to you in July, so you will have your entire recession period to review that plan and the budget, but the-- to have the official due date in the ordinance moved to September 30 as a part of the annual budget process, which is -- 241 March 27, 2003 Vice Chairman Teele: But, sir, if it's a part of the budget process, we've got to have it at least by August 15. The state Constitution starts the budget process, and Mr. Attorney, what does the Constitution say? Alejandro Vilarello (City Attorney): The Trim Act actually requires us to adopt the budget in varying stages in the month of September. Vice Chairman Teele: After the County Commissioners -- Mr. Vilarello: Right. Vice Chairman Teele: -- dah, dah, dah, dah, dah. Mr. Vilarello: And before October. Vice Chairman Teele: So, it has to be adopted, which means you have to have notice, which means that things have to be published, and so you start backing up, and our ordinance requires two hearings, which means there's got to be a first hearing, followed within 10 days, or not sooner than 10 days, a second hearing, so if we -- you have to do it by September 30. We have the last week of September, and at a minimum, the second week of September for the first reading. We have to have it by then, and then to read it and be prepared and to have notice, we have to have it at least 10 days before that, so you're back to August or September 1. Mr. Vilarello: Commissioner, as I look at the ordinance, it simply requires the adoption of the financial plan by September 30, so it's the final adoption of the plan by September 30, so that will be consistent with Mr. Spring's comment -- Mr. Spring: With the -- Mr. Vilarello: -- that, certainly, you have to have information to consider it significantly before that, but this just amends the final adoption of the Five -Year Financial Plan till September 30, and the Multi -Year Capital Improvement Plan from March 31 of each year to October 31 of each year. Mr. Spring: Again, I will reiterate that we -- you will have drafts of that five-year plan included in the budget process, which again, I've met with some of the Commissioners already to say that that process will -- in that process you will receive drafts of that budget plan prior to your August recession. Commissioner Sanchez: The concern is that it really doesn't allow us enough opportunity to have a say in the process, and although you're going to provide us with the information that we could basically look at, what we're trying to see in the five-year is a forecast, five-year forecast - Mr. Spring: Absolutely. 242 March 27, 2003 Commissioner Sanchez: -- of the budget. I have a question that I asked you, which you know, we have $1,600,000,000 in permits right now, and all these inline -- online revenues that are coming in because of these major projects, but I don't think that -- I don't know if the City has got something in place where it tells us when those big projects come online to generate revenue for the City, and as I understand right now, we are faced with a 2005 deficit in the city, so how do we know that we're getting a correct forecast budget of a five-year fiscal plan? Ms. Spring: Part of my process in asking for this change in due date is for my staff and the rest of the Administration to be able to develop that. Part of that development process is putting in place procedures for us to identify things as permanent, coming online, things being added to the tax roll so that we can appropriately value those items. In addition, take into account changes in legislation. For instance, the Parking Surcharge, which is currently up in Tallahassee, being dealt with. Again, my request is so that my staff has time to develop a very concrete and valuable and comprehensive number that includes both administrative initiative, legislative initiatives, all of the master plans that are being discussed right now that have been discussed this evening, so -- Commissioner Sanchez: And because of the circumstances that are find -- that we find ourselves in right now -- you coming in on board new, and all the things that are going on, I am prepared to support it, so I make the motion. I don't know if I'm going to get a second, but I'll make the motion. Vice Chairman Teele: Well -- Commissioner Sanchez: Maybe for the second for the purpose -- Vice Chairman Teele: Motion. Commissioner Sanchez: -- of discussion. Vice Chairman Teele: But let me -- Commissioner Sanchez: Discuss it. Vice Chairman Teele: -- just say this. Commissioner Gonzalez: (UNINTELLIGIBLE) motion. Vice Chairman Teele: There's a regular -- Are you trying to change this permanently or for one year? Mr. Spring: I am currently trying to change it for one year, sir. Actually, my plan is, after the adoption of the current year budget, to have the date moved back to March 30, where we will continue to give you a separate strategic plan document. Vice Chairman Teele: Is that in the ordinance? 243 March 27, 2003 Mr. Spring: In the ordinance, it currently states for March 31 as the due date of a five-year plan. Mr. Vilarello: It's currently a permanent change. However, you certainly can make this change effective only for one year. Vice Chairman Teele: But if that's your plan, would you agree to make that change now so that this is a one-year adjustment? Mr. Spring: I would agree to that change right now -- to that amended, to a one-year adjustment. Commissioner Sanchez: So moved. Commissioner Gonzalez: Second. Commissioner Sanchez: So moved with the one-year adjustment. Commissioner Gonzalez: Second. Vice Chairman Teele: All those -- this is an ordinance, right? Mr. Vilarello: Yes, sir. Vice Chairman Teele: As amended, would you read the ordinance, Mr. Attorney? Mr. Vilarello: The modification made on the floor does not change the title. The ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk) Commissioner Gonzalez? Commissioner Gonzalez: Yes, ma'am. Ms. Thompson: Commissioner Sanchez? Commissioner Sanchez: Yes, ma'am. Ms. Thompson: Vice Chairman Teele? Roll call, first reading. Commissioner Regalado? Vice Chairman Teele: How many votes does it take to pass (UNINTELLIGIBLE)? Mr. Vilarello: Three. Vice Chairman Teele: It's not a majority? M11 March 27, 2003 Mr. Vilarello: No, not on the first reading of an ordinance. Vice Chairman Teele: I'll vote yes. Ms. Thompson: The ordinance is passed on first reading, 3/0. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18, ARTICLE IX/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCIAL INTEGRITY PRINCIPLES" TO REVISE THE DUE DATES FOR THE MULTI-YEAR FINANCIAL PLAN AND THE MULTI-YEAR CAPITAL IMPROVEMENT PLAN; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Sanchez, seconded by Commissioner Gonzalez, and was passed on first reading, by title only, by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Commissioner Angel Gonzalez Mr. Spring: Thank you, Commissioners. 62. FIRST READING ORDINANCE: AMEND SECTIONS 18-72 AND 18-73 OF CITY CODE ENTITLED "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE," TO CLARIFY SCOPE AND APPLICATION OF PROCUREMENT ORDINANCE, ADD DEFINITIONS, AND PROVIDE FOR EXEMPTION OF PROVISIONS OF PROCUREMENT ORDINANCE AND CONE OF SILENCE FOR COMMUNITY REDEVELOPMENT AGENCIES. Vice Chairman Teele: Next Item. That was 27, right? Priscilla A. Thompson (City Clerk): Yes. Alejandro Vilarello (City Attorney): Commissioner Teele, if I may? Item 28 is a clarification of the opt -out provision of the Cone of Silence for the CRAB (Community Redevelopment Agencies). When the procurement was -- the new procurement code was adopted last fall, the CRA was not part of that procurement code because it's governed by a different set of state statutes. What happened was because the CRA was not part of that procurement code, it -- and we opted the MSEA (Miami Sports and Exhibition Authority) board and DDA (Downtown 245 March 27, 2003 Development Authority) and Bayfront Park from the Cone of Silence provisions, the CRA wasn't included in that, so what this would do is simply treat the CRA, for purposes of the Cone of Silence, opting out of the Cone of Silence, the same as Bayfront, DDA, MSEA, all the independent boards. Vice Chairman Teele: Is there a motion? Commissioner Gonzalez: Move 28. Commissioner Sanchez: Second. Vice Chairman Teele: Second. Read the ordinance. The ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Roll call, first reading ordinance. The ordinance has been passed on first reading, 3/0. 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 "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE," TO CLARIFY THE SCOPE AND APPLICATION OF THE PROCUREMENT ORDINANCE, ADD DEFINITIONS, AND PROVIDE FOR THE EXEMPTION OF THE PROVISIONS OF THE PROCUREMENT ORDINANCE AND THE CONE OF SILENCE FOR THE COMMUNITY REDEVELOPMENT AGENCIES; MORE PARTICULARLY BY AMENDING SECTIONS 18-72 AND 18-73 OF SAID CODE, CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. was introduced by Commissioner Gonzalez, seconded by Commissioner Sanchez, and was passed on first reading, by title only, by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Commissioner Tomas Regalado 246 March 27, 2003 63. FIRST READING ORDINANCE: AUTHORIZE ACCEPTANCE AND APPROPRIATION OF SIX GRANTS, $785,065 FROM MIAMI-DADE COUNTY AS DESIGNATED UNDER SAFE NEIGHBORHOOD PARK BOND PROGRAM DISCRETIONARY INTEREST EARNINGS FUNDING PROJECTS 2002 PROCEEDS; AND $92,345 FROM FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) FOR IMPROVEMENTS TO LEMON CITY PARK WITH MATCHING FUNDS IN SAME AMOUNT FROM HOMELAND DEFENSE NEIGHBORHOOD IMPROVEMENT BOND FUNDS; AUTHORIZE PAYMENT OF SUPPLEMENTAL FUNDS REQUIRED TO COMPLETE SAID PROJECTS IF COSTS EXCEED GRANT ALLOCATION AND FUNDS TO OPERATE, MAINTAIN AND PROVIDE PROGRAMMING AT EACH PROJECT Vice Chairman Teele: Next item. Commissioner Gonzalez: Move Item 29. Vice Chairman Teele: Is there a second? Commissioner Sanchez: Second. Vice Chairman Teele: Mr. Attorney. The ordinance was read by title into the public record by the City Attorney. Vice Chairman Teele: All right. Commissioner Sanchez: All right. Priscilla A. Thompson (City Clerk): Roll call, first reading. The ordinance is passed on first reading, 3/0. 247 March 27, 2003 An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AUTHORIZING THE ACCEPTANCE AND APPROPRIATION OF SIX (6) GRANTS IN THE TOTAL AMOUNT OF $785,065 FROM MIAMI-DADE COUNTY AS DESIGNATED HEREIN UNDER THE SAFE NEIGHBORHOOD PARK BOND PROGRAM DISCRETIONARY INTEREST EARNINGS FUNDING PROJECTS 2002 PROCEEDS; AND $92,345 FROM THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) FOR IMPROVEMENTS TO LEMON CITY PARK WITH MATCHING FUNDS IN THE SAME AMOUNT FROM THE HOMELAND DEFENSE NEIGHBORHOOD IMPROVEMENT BOND FUNDS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT ACCEPTANCE OF SAID GRANTS; FURTHER PURSUANT TO THE PROVISIONS OF THE SAFE NEIGHBORHOOD PARKS ORDINANCE AUTHORIZING THE PAYMENT OF (1) SUPPLEMENTAL FUNDS REQUIRED TO COMPLETE SAID PROJECTS IF THE COSTS OF SAID PROJECTS EXCEED THE GRANT ALLOCATION; AND (2) FUNDS TO OPERATE, MAINTAIN AND PROVIDE PROGRAMMING AT EACH PROJECT UPON ITS COMPLETION. was introduced by Commissioner Gonzalez, seconded by Commissioner Sanchez, and was passed on first reading, by title only, by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Commissioner Tomas Regalado 248 March 27, 2003 64. DIRECT MANAGER TO PROVIDE PERCENTAGE OF BUDGET WHICH HAS BEEN HISTORICALLY ALLOCATED FOR PARKS WHEN PROPOSAL FROM FALCON AND BUENO FOR DEVELOPMENT OF PARKS SYSTEM MASTER PLAN IS SCHEDULED TO COME BACK BEFORE COMMISSION. Vice Chairman Teele: Motion on 32. Commissioner Sanchez: Thirty -- I'm sorry. Let me just get in order here. 32 is the -- Vice Chairman Teele: Master Plan for the park. Commissioner Sanchez: Well, so moved, yes, sir. Absolutely. It's embarrassing we don't know where -- we don't know that -- you know, we've had parks here that we did not know we had in our community, and that's embarrassing, so I think this is a step in the right direction, so so moved. Vice Chairman Teele: Is there a second? Commissioner Gonzalez: Honestly, I can't second. Vice Chairman Teele: All right. Let's temporarily pass it. I'll tell you what, would you preside? Commissioner Gonzalez: Yes, sir. Vice Chairman Teele: How many votes does it take to pass something, a resolution? A majority, right? Commissioner Gonzalez: Three. Commissioner Sanchez: A majority. Vice Chairman Teele: A resolution. OK. All right. Commissioner Regalado is back. This is a resolution to accept a proposal regarding the park master plan. Was this advertised? Victor Monzon-Aguirre (Chief of Neighborhood Services): Yes, Commissioner, it was. Vice Chairman Teele: And it was -- Mr. Monzon-Aguirre: Commissioner, the whole purpose of this plan is not just to inventory the parks, but also to evaluate and develop programs for the parks. This is part of the Mayor's initiative originally of doing both things; doing an inventory of what we have and the assets, the conditions they're in, as well as developing recreational programs and identifying those programs as to how much they can better be served serving the community and doing outreach to the community as to what programs they would like in their areas, so it's a comprehensive master plan study of all the City parks. 249 March 27, 2003 Vice Chairman Teele: Mr. Manager. Commissioner Sanchez: I believe it needs a second for discussion. Vice Chairman Teele: It takes a second for discussion. Commissioner Regalado, in light of the fact that there's a refusal to second, would you second, as a courteous, for discussion? Commissioner Regalado: Yeah, sure. Vice Chairman Teele: Discussion. Commissioner Sanchez: Discussion. Vice Chairman Teele: Commissioner Sanchez, Commissioner Gonzalez. Commissioner Sanchez: The City has a lot of resources, but I think one of the most important resources that we have is our parks, and I think in the last couple of years, the city has taken the right steps to make our parks more people friendly, attract families, attract children to come to parks where they're overseen by adults and not out on the streets doing what they're not supposed to, and although the administration -- although the past administration did a good job in trying to maintain our parks, this study will basically allow us to know exactly where all our parks are at, what boundaries our parks have, what equipments are in those parks. I mean, I have parks in my district that I don't know -- I mean, I've driven by and I've seen them, and their equipment is in such poor condition. There's basketball courts -- and we have spent millions of dollars on parks, but we do not know how many picnic tables are in those parks, how many barbeques are in those parks and, still, vandalism occurs in those parks and these items are being stolen. I mean, we are taking this city to another level when we talk about putting computers into parks because we realize that not every child is going to be a great athlete. There may -- intellectual -- and they may like to play with computers and read, but taking it to another step, it's focusing on the programs, which is very important and that's something that we lack in our parks, so this study basically will give us the avenues to know exactly what we have in our parks, how much we could utilize to the fullest of our capacity our parks, so it's a step in the right direction. I don't -- I really -- I would be shocked if it's not supported. Vice Chairman Teele: Commissioner Regalado. Commissioner Regalado: Well, if you give me five dollars, I'll give you what is wrong with the park in writing, and it's precisely -- we don't have people that works on weekends in most of the parks. Bathrooms are closed. Bathrooms during the weekends are dirty. We have part-timers that -- let me tell you, the parks workers are incredible. They work for nothing and they get wet and sweat and all that. I -- the parks, like Joe said, are the most precious resource that we have because it's something that everybody can use, but I just don't know what are these people going to tell me that I don't already know. I know that the parks are in terrible shape. If you go to Kennedy Park, the kids, whose families pay eighty and eighty-five dollars to be on the sailing program during the summer, have to like do a little act to walk to the dock to get on the dinghies 250 March 27, 2003 because there was no pontoons there, and so and so, so I don't -- I just don't know. Mr. Manager. Joe Arriola (City Manager): Let me give you a couple comments on this. When this was proposed to me, I will tell you that I went through the roof because I always felt that our Parks Department should know all the information that this company is going to give us now. I will also tell you that in our present state, if we want to go ahead and get our Parks Department going the way we want to, at the speed we want to because it has taken so long, it's the only reason that I allow this to come before you, not that I agree, not that I like it. It's a matter of, we're so far behind that I felt we needed to catch up. Now, there's two items in here. There's an item that goes through -- in the proposal that talks about the inventory site and all that, and that's about a hundred and -- Unidentified Speaker: Hundred thousand. Mr. Arriola: A hundred thousand dollars. Now, if nothing else -- and I think we probably have to bring it for the next Commission meeting -- that is the one item that I would always bring back because we need to do that, and that takes time and these people will do a good job. If you want to then defer some of the other items, as far as the activities of the parks and some of the landscape that we're going to do in the park -- Commissioner Sanchez: I mean, they go hand in hand. You could have a great, beautiful park and if you don't have programs in the park, you're not going to attract people to them. Mr. Arriola: But, you know, we're just taking a lot of flack for this. I just hired a guy that's supposed to (UNINTELLIGIBLE) that. Commissioner Sanchez: Well, you know, you've got to stand up for what you believe. I -- Mr. Arriola: Yeah. Commissioner Sanchez: If you believe that, you know, our parks need improvement -- all our parks -- you take a beautiful park and if it doesn't have a basketball net on the rings, it doesn't look good and, you know, kids like to go play basketball and they want to have a net in the hoop. They want to have -- they want to go out there and they want to have a -- play baseball or softball. They want, you know, soccer. You know, the park that -- Margaret Pace Park -- Commissioner Teele, I want you to listen to this. Margaret Pace Park, with the soccer activity out there, they're using that park so much, they're destroying the field because it's being utilized. Mr. Arriola: Absolutely. Commissioner Sanchez: So, I mean, now we have to work at, you know, having maintenance done and being taken care of, but you know, if you have -- you create these parks and you don't create an environment to attract people to come, feel safe, bring their families, then you'll have the nicest parks in the world and no one will be there, and that's what we have to break away from. 251 March 27, 2003 Mr. Arriola: Commissioner Sanchez, the only reason I allow this to come before you is because we're so far behind what we're trying to do. I would be embarrassed if I ever bring anything like this to you -- while I'm here -- to you again, because I think that our Parks Department should have done this. Having said that, we are so far behind the eight ball here that that's the only reason I brought this in front of you and -- you know, it's really up to you, but I will encourage you to pass it because we need to go forward and not look back, and we can't make up for the mistakes of other people, but what we need to do is, you know, look forward to it, but again, I will tell you that I guarantee you that this will never happen again because this should have never happened to start with. Commissioner Regalado: Mr. Chairman. Chairman Teele: Commissioner Regalado. Commissioner Regalado: Joe, you said --Mr. Manager, you said $100,000 for the inventory. Mr. Arriola: No. Mr. Monzon-Aguirre: Commissioner, there are six task to be performed in -- Mr. Arriola: Six tasks. Yeah, go ahead. Mr. Monzon-Aguirre: There are six tasks to be performed by the consultant. They're part of your back up material. Commissioner Regalado: Yeah, I read the back up -- Mr. Monzon-Aguirre: OK. Commissioner Regalado: -- two months, three months and six months and all -- Mr. Monzon-Aguirre: No. Yeah, two months, three months, but each of those months has specific tasks they have to do. Commissioner Regalado: Yeah, I understand. Mr. Monzon-Aguirre: They've got to survey all the parks because we never have exact service. Commissioner Regalado: No, no, but I'm not asking about that. Mr. Monzon-Aguirre: There's a hundred -- Commissioner Regalado: He said inventory, a hundred thousand dollars. 252 March 27, 2003 Mr. Monzon-Aguirre: The inventory, Commissioner, is a hundred -- inventory of existing physical conditions, which takes five months, concurrent with task two, is a hundred thousand dollars. Recreation program analysis, five months concurrent with task one is a hundred and sixty-five thousand. Task three is a public presentation, reaching out to the public, which takes three months, that's fifty thousand dollars. Parks system master plan, two months, which is a hundred and twenty-five thousand. The final documentation, which takes another two months, is thirty-five. Task meeting and public presentations at the City's schedule is 25,000 for the total of 500,000. The sub -task or the task with the sub -task within those tasks is clearly defined in the proposal submitted by Falcon and Bueno, which details specifically what those areas are going to be and what you're trying to attain, so it's not just an inventory of what we have, but inventory of what we can do with those facilities, as well as other facilities run by other parties in close -- in proximity to these, as well as identifying school sites that can also expand recreational programs. It's a very comprehensive program that we're trying to bring to the City, which we've never had. It was approved by the Parks Advisory Board, recommended by the Parks Advisory Board. Commissioner Regalado: OK. It's -- I still think that we only need the inventory, but I'm just only one. I'm not going to vote for the half a million dollars, so you know. Commissioner Sanchez: But -- would you yield? The inventory and the programs, are you prepared to support the programs of the parks, just those two items, the inventory and the programs? Commissioner Regalado: Joe, they're not establishing programs. They're telling you what kind of programs -- Commissioner Sanchez: What kind of programs could be established. Commissioner Regalado: -- you need to do, but this we know. This is different in every part. In Bryan Park -- and Victor was there and Cano was there -- in Bryan Park all the neighbors got together and said, we can't have basketball here because of the midnight gangs, and we converted that to tennis. In Robert King High, they said, oh, we don't like soccer here because we would like tennis, because we want -- and in west end, you know, we want the pool and we want -- the elderly residents in the area want to have a walking trail. That is -- it's different by area. Mr. Monzon-Aguirre: Commissioner, I understand, but that's part of their task. They are to meet with the homeowners' associations and give you that kind of information, that feedback from the community. Commissioner Regalado: But we do that. Commissioner Gonzalez: But we do that. We, as Commissioners, do that. Commissioner Regalado: That's my thing. We do that. I'm telling you, we do that. You know, what we're going to have here -- Commissioner Sanchez: Well, let me make -- 253 March 27, 2003 Commissioner Regalado: -- another Post Buckley, Little Haiti -- Commissioner Gonzalez: Mr. Chairman. Vice Chairman Teele: Yes. Commissioner Gonzalez: I do happen to concur with Commissioner Regalado. The matter of the fact is -- I'm going to give you a perfect example. We have rebuild Maceo Park with money that was allocated to that park seven years or eight years ago, and that was sitting in an account here, as many of the monies that have been sitting around for years here. The park is almost ready. We're going to have the ground -- the ceremony May 20, OK. We have bathrooms there now, and the problem now is that I'm afraid on what can happen in those bathrooms because we don't have any -- an attendant in the park, OK. We have problems with the park being opened and closed. We have problems with gang members. We have calling constantly to the Police Department. We know what's going on in our parks. We know what we need in our parks. We don't need a consulting company, especially when we're going to pay them five hundred thousand dollars to tell us what we need to do in the parks, and I can't -- to be honest with you, I cannot vote on this in all conscience because, when we fire an executive -- Park Director that had been with this City for 20 some years and we fire his assistant, who was with him for 16 years because they were not doing a good job, and we hire somebody that's supposedly going to be the best, as everybody that we're hiring new in this City, why should we pay five hundred thousand dollars to a company, if we're going to bring a guy that is going to be so marvelous and so good, that is going to do everything perfect? Well, let's pay that guy a salary and let him organize the parks and let him go to the parks and inventory the parks and do everything that, supposedly, the other Park Director never did and cost him his job, but I'm not going to be approving -- pay a salary to a new director who, supposedly, is going to be doing a great job and at the same time, pay a half a million dollars to this company to tell us what we need in the parks, so I cannot support this. Mr. Arriola: Mr. Chair -- Vice Chairman Teele: All right. Before -- Mr. Arriola: I would like to defer this item so we could present -- Vice Chairman Teele: All right, before you defer it, may I just put my concerns on? First, I think the amount of money for a master plan is grossly understated. I know that there's two Commissioners who feel the contrary. This is America. We have -- I think they're going to be back here for more money. Number two, we have these requirements. Mr. Spring, I -- Ms. Haskins, we've got a requirement to inventory every asset of the City under this GASB (Government Accounting Standard Board) -- whatever it is, by the end of this year. Now, somebody in Asset Management or Finance or I guess it's Economic Development should be well down the road with this asset and inventory, because it's got to be part of our financial statement, we've been told now for two years, and it just seems to me, rather than having an architect preparing the financial statement for this GASB -- what's the correct thing, Linda? 254 March 27, 2003 Don't make a fool of me. A bigger fool of me. What's the correct terminology? I'm not into finance, see. I'm a budget guy. Linda Haskins: Linda Haskins, CFO (Chief Financial Officer). It's GASB, you're right. GASB - 34. Vice Chairman Teele: GASB -34? Ms. Haskins: Um-hmm. Vice Chairman Teele: Is it mandated, effective October 1. Ms. Haskins: Actually, you'll see it in the past financial statements, and the inventory was completed for assets. I believe this inventory is more like inventory for the sorts of facilities that are in the park. Vice Chairman Teele: Well, I mean, I really would like to get the inventory passed out, because you know what? I'd be willing to bet you that the five Commissioners who go into their district everyday may or may not agree with that report. Ms. Haskins: OK. Vice Chairman Teele: But I really do believe that we need to define, you know -- you know, Victor, let me be honest with you. It's very difficult when we're talking -- because we don't meet but once, twice a month. You all get to meet all the time, and then when somebody says they didn't hear or they didn't understand, it's always this situation, because people are outside talking, staff is talking to each other, and I really think, in fairness, you all should give Commissioners at least the opportunity to meet with you once every two weeks, and get your undivided attention. I want to support this, but let me tell you what my concerns are, Mr. Manager. My concern is, first and foremost, we have no basic background information regarding who bid the evaluations and we have passed resolution after resolution that said, when there is an evaluation, put the scores in, the rating, et cetera. None of that information is in here. This just comes to us as a fait accompli. I'm very concerned about the lack of minorities. I'm very concerned about minorities not getting shots. The Mayor stood up and said, we're going to do a Miami first program. That's what I heard him say. Well, this is a firm. I'm sure they're a great firm, but this is not a Miami firm, and so these are the concerns that I have. Any professional service company -- architect, engineer, landscape planner -- I believe, as the County requires, that an EEO (Equal Employment Opportunity) profile of who the people are that we're recommending should be -- and if they have, you know, 18 Martians and 10 people from, you know, planet Jupiter and 25 people from Earth, you know, that are whatever, we should know that, and I think that's just basic information. The package is not complete. The definition of what they're studying to me is a bigger problem. Are they studying parks or are they studying open space? When this City got evaluated and found to be deficient in parks, the rating agency or the rating -- the park rating entity evaluates not just parks, but open space and cemeteries, and cemeteries. Is the cemetery a part of this study? Because more and more, cemeteries are the catalyst for Economic Development. They're the catalyst for tourism. They're the catalyst for a lot of things today as 255 March 27, 2003 you read the periodicals, so we need to understand what is contained in this. The final, Mr. Manager, as it relates to this study, the biggest problem -- and I deeply -- sir, I deeply resent, I deeply resent the aspersions that are being thrown off on people who have served this community with honor and with dignity. The biggest problem that the Parks Department had for the last eight years and the last 10 years is the City Commission. That's the biggest problem, and if you look at the budget, sir, as my staff did four years ago, when I came in -- God bless her. She's in Kuwait City. I saw her e-mail last night. She's all zipped up in chemical suit and -- the alarm came across in Arabic and she didn't know if they were saying put it on or take it off, so she just kept it on -- but the fact is, when we did a study in this City, this Commission, sir, not the Parks Director, but this Commission has reduced the funding for parks for the last 10 years. The Parks Department has had no resources to operate on. They have been nickel dime -- and through the period of the emergency, they got nothing, and I would ask you and your staff to prepare for the next time this item comes up, the historical funding of parks, not in dollars and cents, but as a percentage of the budget, and if you see that picture -- one picture is worth a thousand words. If you see that picture, if you see what has happened to parks for the last 20 years, OK, and look at the picture as a percentage of the budget, Parks Department has been totally damaged by this Commission's decisions, and you know, it doesn't take a rocket scientist to figure it out. Two departments have eaten up the whole City budget, OK. Every time we needed something in the Fire Department, in the Police Department, we reduced parks, and so, you know, of course there are some things that have not been done, and of course there are some things that should have been done, but the resources have never been in the Parks Department, and every time we go out and we meet and when we have budget hearings over the last four years that I've been here, the Parks Department is saying, we need more money. We can't do this. We can't do that, and we always say, we don't have the money, and so the only thing that I want to just put on the record here is, we need to move forward, but it's not necessary to tramp on people as we move forward. There are a lot of things that are wrong with this City. There are a lot of things that are going to be straightened out, but before we start pointing fingers, the blame for the Parks Department clearly, in my opinion, rests with the Mayor and the City Commission over the last 15 -- 10 to 15 years because we looked at that five years ago, 10 years -- over a 10 -year and the budget was coming down year after year after year. Commissioner Sanchez: Mr. Vice Chairman. Vice Chairman Teele: Commissioner Sanchez. Commissioner Sanchez: And now we have the resources. This -- the funds are coming out of the Homeland Defense Neighborhood Improvement Bond Capital Improvement Projects towards the park. Once again, I would like to make a motion for the inventory, because I think we have to start somewhere and I think it's important that we identify -- we happen to be a City that lacks parks and open green space. I don't think anyone here will dispute the facts, but we have parks or we have land that is park land that we have -- can't identify and it's out there, so this is a step in the right direction. You know, I'm not going to, you know, argue with the statements made by my colleagues, but a hundred thousand dollars, which is money that we have to put towards our parks to identify these pieces of land or identify all our land -- maybe we would go out in the right. We've identified all the land, but I assure you, there's pieces of land out there that probably some homeowner, being such a smart little piece, took it over and we don't know, and 256 March 27, 2003 that land belongs to the taxpayers in Miami, so I am prepared to make a motion of the hundred thousand dollars for the inventory of our City parks, so moved. Vice Chairman Teele: Is there a second? Commissioner Regalado: I'll second. Vice Chairman Teele: All right. Commissioner Regalado: I'll second it because that's exactly what I said. I said that the only thing we need was the inventory, and we figure out later or we know already the kind of programs and the kind of things that we do want to do in -- more than a hundred thousand dollars. I'm not voting for it. That's very simple, and -- but I tell you something. Maybe all of you have seen Virginia Beach and what some people have done there. The nature trail, the identifying the native species, but I tell you, that wasn't a program. That wasn't a project. These were eight political -- former political prisoners from Cuba that were hired at minimum wage, that with a machete cleared, during three years, the mangroves in Virginia Beach. One of them is an arborist and has a Ph.D from Cuba, and he started identifying the native and the indigenous plant, and now the Audubon Society and everybody in the world does tours there because they have done that nature trail, and they did it because they liked it, so you know, we have the human factor that we can use and -- like in Virginia Beach, it's -- you know, that area should be used as a showcase the City of Miami in different tours, environmental, nature tours, so we know -- at least I know in some of my district parks -- what we should need, but we do need an inventory, and this is what I said from the beginning. I'm voting for an inventory. I'm not voting for anything else than an inventory. If you guys are all right -- are OK with that, it's fine by me. If not, I vote "no." Vice Chairman Teele: On the motion, all in favor, say "aye." All opposed, say "no." Commissioner Gonzalez: No. Alejandro Vilarello (City Attorney): Commissioner Teele. Vice Chairman Teele: What is it? Mr. Vilarello: This item needed to be modified. It currently authorizes the execution of an agreement, which is not attached. It should have been modified to allow for it to be negotiated and brought back now under the motion before you to prepare an inventory. Commissioner Regalado: So, bring it back. Vice Chairman Teele: Say what you just said again. Mr. Vilarello: There was a -- this resolution needed to be modified. Vice Chairman Teele: OK. 257 March 27, 2003 Mr. Vilarello: It needs to provide -- Vice Chairman Teele: What the motion was, the motion was to approve the scope of work and the dollars associated with the past -- Commissioner Sanchez: Mr. Vice Chairman, I'm going to pull my vote, all right. Vice Chairman Teele: You're pulling your motion? Commissioner Sanchez: I'm pulling my motion. Vice Chairman Teele: All right. Commissioner Sanchez: This is -- you know, we might as well get everything right. We don't want to push anything through and there's, you know, one opposition and then one Commissioner is not here, so I withdraw, but let me just say that the taxpayers voted for this. This is the Homeland Defense Neighborhood Improvement Bond to go toward the parks. I mean, we may not agree on the concept of it, but this is money we have to go to the parks. Commissioner Gonzalez: Yeah. Let me tell you, Commissioner Sanchez. I agree with you a hundred percent with that, but you know how much -- you know how much work we can do with half a million dollars in one park? I rebuilt Maceo Park with less than five hundred thousand dollars, with less than five hundred thousand dollars. You should go by there and see Maceo Park now, so you know, half a million dollars -- Vice Chairman Teele: When are you going to have that opening at Maceo Park? Commissioner Gonzalez: -- you can do a lot of things -- May 20th. You can do a lot of work with half a million dollars. I mean, to pay, you know, some bureaucrats half a million dollars from the bond issue so they can tell you exactly what you need to do in parks, I mean, this is absurd. To me, it's irresponsible and I'm -- you know, you can vote on it. You can, you know -- and I respect yours, and you know, you can vote on it. You can propose it. You can make a motion and everything and -- like I always say, we can agree to disagree. On this issue, we disagree. Commissioner Sanchez: And I was prepared to make the motion on the inventory, but I'll withdraw it. Vice Chairman Teele: OK, and the Clerk points out that there was a motion made, a second, a vote taken, and I pointed out to the Clerk that I did not announce the vote, nor did she, and so that vote is not recorded because there was no announcement of what the vote is. Now, would you like for me to -- are you in agreement, Mr. Attorney? Mr. Vilarello: As long as -- what was passed? Nothing was passed. 258 March 27, 2003 Vice Chairman Teele: Nothing was passed because the vote was never announced. Mr. Vilarello: And the vote was not announced. The Commissioner who made the motion withdrew the motion. Vice Chairman Teele: And the Commissioner has withdrawn his motion and the second has been withdrawn, I suppose? Commissioner Regalado: Yes, of course. Vice Chairman Teele: And we can move on before it gets late and we start scratching each other. 65. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE REQUIREMENTS FOR COMPETITIVE BIDDING PROCEDURES AND APPROVE ACQUISITION OF ENVIRONMENTAL ASSESSMENT AND REMEDIATION SERVICES FROM EVANS ENVIRONMENTAL AND GEOSCIENCES, INC. FOR DEPARTMENT OF ECONOMIC DEVELOPMENT, INCREASE CONTRACT, $52,000, FROM $250,000 TO $302,000; ALLOCATE FUNDS FROM NON -DEPARTMENTAL ACCOUNTS. Vice Chairman Teele: Next Item. Commissioner Regalado: Which is? Alejandro Vilarello (City Attorney): 33 -- Commissioner Gonzalez: 33. Mr. Vilarello: -- was deferred. Vice Chairman Teele: 33. Joe Arriola (City Manager): No, no, it was not deferred. Commissioner Gonzalez: No. That was done -- Commissioner Regalado: No, 33 -- Commissioner Gonzalez: -- I think. Vice Chairman Teele: Then 33 is done. Commissioner Regalado: (UNINTELLIGIBLE). Mr. Vilarello: Oh, I'm sorry. 259 March 27, 2003 Vice Chairman Teele: 34, designating Commissioner Sanchez one member to the Bayfront Trust. Commissioner Sanchez: I'll defer at this time. Joe Arriola (City Manager): Commissioner. Vice Chairman Teele: Defer it. 35, to the Code Enforcement Board. Mr. Arriola: Mr. Chairman. Vice Chairman Teele: Yes. Mr. Arriola: We skipped 31, sir. Vice Chairman Teele: I apologize. Commissioner Sanchez: Code Enforcement. Vice Chairman Teele: 31 is a four-fifths vote. You all feel like a four-fifths vote -- Commissioner Regalado: Yeah. Vice Chairman Teele: -- if we agree? It's a resolution confirming -- Commissioner Gonzalez: Move 31. Vice Chairman Teele: Is there a second? Commissioner Regalado: Second. Vice Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All opposed, say "no." The item is unanimously adopted by four votes. 260 March 27, 2003 The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-304 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE BIDDING PROCEDURES AND APPROVING THE ACQUISITION OF ENVIRONMENTAL ASSESSMENT AND REMEDIATION SERVICES FROM EVANS ENVIRONMENTAL AND GEOSCIENCES, INC. FOR THE DEPARTMENT OF ECONOMIC DEVELOPMENT, INCREASING THE CONTRACT, IN AN AMOUNT NOT TO EXCEED $52,000, FROM $250,000 TO $302,000; ALLOCATING FUNDS FROM NON -DEPARTMENTAL ACCOUNTS, ACCOUNT CODE NO. 001000.921002.6.830. Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton 66. APPOINT CHARLES McEWAN AND MILAGROS LOYAL AS MEMBERS OF CODE ENFORCEMENT BOARD. (See #68) Vice Chairman Teele: All right, Item 31 -- 35. Madam Clerk, would you just help us now? Read in who the vacancies are. Commissioner Sanchez: Is that Code Enforcement Board. Vice Chairman Teele: Code Enforcement, Commissioner Regalado. Commissioner Sanchez: Commissioner at Large, the vote I nominate Charles McEwan, who is - Commissioner Gonzalez: Second. Commissioner Sanchez: -- the Chairman. 261 March 27, 2003 Commissioner Gonzalez: Second. Vice Chairman Teele: It's been moved and second by Commissioner that Mr. McEwan be moved -- be adopted, and second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All opposed? The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 03-305 A MOTION REAPPOINTING CHARLES McEWAN AS A MEMBER OF THE CODE ENFORCEMENT BOARD. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Vice Chairman Teele: Who's the vacancy for Commissioner Regalado and Teele? Commissioner Regalado: I am nominating Milagros Loyal because -- Vice Chairman Teele: Is there a second? Commissioner Gonzalez: Second. Commissioner Regalado: -- (UNINTELLIGIBLE) -- Vice Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): "Aye." Vice Chairman Teele: All opposed? 262 March 27, 2003 The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 03 -3 06 A MOTION APPOINTING MILAGROS LOYAL TO REPLACE DENIS ROD AS A MEMBER OF THE CODE ENFORCEMENT BOARD. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton 67. APPOINT DENIS ROD AS MEMBER OF PLANNING ADVISORY BOARD. (See #74) Commissioner Regalado: Madam -- Vice Chairman Teele: You want to say something? Commissioner Regalado: Yeah. Madam City Clerk, Mr. Dennis Rod will be moving to the Planning Board to take a seat left by the passing of Raymond Montgomery. Vice Chairman Teele: Well, hold on. Tomas, hold on one minute. Madam Clerk, who did you have Commissioner Regalado's appointment replacing? Priscilla A. Thompson (City Clerk): We had replacing Mr. Rod, due to excessive absences. Vice Chairman Teele: Mr. Who? Ms. Thompson: Rod (UNINTELLIGIBLE) -- Vice Chairman Teele: Is that who you wanted? Commissioner Regalado: Yeah. I want him now to go to other board. Vice Chairman Teele: OK, so now we're recognizing you for a separate motion -- Commissioner Regalado: Right. Vice Chairman Teele: -- regarding Mr. Rawlin to go to replace the untimely death of -- 263 March 27, 2003 Commissioner Regalado: Raymond Montgomery. Vice Chairman Teele: Is there a second? Commissioner Gonzalez: Second. Commissioner Sanchez: Second. Vice Chairman Teele: Is there objection? Is that on the agenda anywhere? Ms. Thompson: It's Item 42. Vice Chairman Teele: All right. Just hold on. 42, so he's making one of his two appointments. Commissioner Regalado: One. Vice Chairman Teele: All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All opposed? The following motion was introduced by Commissioner Regalado, who moved for its adoption: RESOLUTION NO. 03-307 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A REGULAR MEMBER OF THE PLANNING ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Commissioner Regalado: The other — 264 March 27, 2003 68. APPOINT MILAGROS LOYAL, JAMES KEANE AND CHARLES MCEWAN AS MEMBERS OF CODE ENFORCEMENT BOARD(See #66) Vice Chairman Teele: We're back on Item 35. Commissioner Regalado: The other I deferred. Vice Chairman Teele: Hold on. We're back on 35. Commissioner Regalado: OK. Vice Chairman Teele: Does Chairman Winton have an appointment? Priscilla A. Thompson (City Clerk): Yes, he does. Vice Chairman Teele: Who would he be replacing? Ms. Thompson: Michael Gongoya (phonetic). I'm sorry, Gongora (phonetic). Vice Chairman Teele: OK, and who would I replacing on Teele? Ms. Thompson: You would be replacing James Keane. Vice Chairman Teele: James Who? Ms. Thompson: K -E -- I'm sorry. Keane. Vice Chairman Teele: Is he available for appointment? Ms. Thompson: Yes, he is. Vice Chairman Teele: Based upon the list? Ms. Thompson: Yes. Commissioner Sanchez: What board is that? Vice Chairman Teele: OK. I would move the reappointment of Mr. Keane. Commissioner Sanchez: What board is that? What -- ? Commissioner Regalado: Code Enforcement. Unidentified Speaker: Code Enforcement. Commissioner Gonzalez: Second. 265 March 27, 2003 Commissioner Sanchez: Code Enforcement, OK. Vice Chairman Teele: All right. Is there objection? All in favor, say "aye." The Commission (Collectively): "Aye." The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-308 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS REGULAR MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton 69. APPOINT HELENA DEL MONTE AND TERESA ZORILLA CLARK AS MEMBERS OF COMMUNITY RELATIONS BOARD. Vice Chairman Teele: All right. Commissioner Sanchez has two appointments, Community Relations, 36. Commissioner Sanchez: How about the Commission on the Status of Women, did you skip that? Vice Chairman Teele: No, we haven't come to that. Commissioner Sanchez: OK. I would -- Vice Chairman Teele: 37, you also have an appoint -- Commissioner Sanchez: -- re -- Community Relations Board? Vice Chairman Teele: Yes, sir. Commissioner Sanchez: I would like to reappoint Helena Del Monte and Teresa Zorilla Clark, so moved. 266 March 27, 2003 Commissioner Gonzalez: Second on both appointments. Vice Chairman Teele: Without objection, those have been moved -- Commissioner Regalado: Second. Vice Chairman Teele: -- and second. All in favor, say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-309 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton 70. APPOINT FRED JACKSON AS MEMBER OF COMMUNITY TECHNOLOGY ADVISORY BOARD. Vice Chairman Teele: All right, 37. Community Technology Advisory, Commissioner Sanchez, the Mayor. Commissioner Sanchez: I would request a motion Fred Jackson -- appoint Fred Jackson. Commissioner Gonzalez: Second. Commissioner Sanchez: And he also requires a resident waivers. Vice Chairman Teele: With a waiver. It's been moved and second. Is there an objection? All in favor, say "aye." 267 March 27, 2003 The Commission (Collectively): "Aye." Vice Chairman Teele: All opposed? Noting four-fifths vote. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-310 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton 71. APPOINT LOURDES BLANCO AS MEMBER OF COMMISSION ON STATUS OF WOMEN. Vice Chairman Teele: Number 38. That's the Status of Women, Commissioner Sanchez. Commissioner Sanchez: I would like to appoint Lourdes Blanco, so move. Commissioner Gonzalez: Second. Vice Chairman Teele: Is the objection? All in favor, say "aye." The Commission (Collectively): "Aye." Vice Chairman Teele: All opposed? 268 March 27, 2003 The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-311 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton 72. APPOINT ALAN MORLEY, JOHN JONES, RAUL DOMINGUEZ, SAM MASON, MARIA V. BAO AND HENRY S. HARRISON AS MEMBERS OF EQUAL OPPORTUNITY ADVISORY BOARD. Vice Chairman Teele: Number 39. Could we move the appointments of the Firefighter appointment and the AFSCME (American Federal, State, County, and Municipal Employees) appointment for the Equal Opportunity Board? Priscilla A. Thompson (City Clerk): Mr. -- I'm sorry. Commissioner Teele, we have received notification from the FOP (Fraternal Order of Police) that they have appointed or they have resubmitted Viona Browne for their appointment. Vice Chairman Teele: Well, this says Henry Harrison. Ms. Thompson: No, no, for FOP, Fraternal Order of Police. Commissioner Sanchez: And that's on the Equal Opportunity Advisory Board? Ms. Thompson: That's correct. Commissioner Sanchez: So move. Commissioner Gonzalez: Second. Vice Chairman Teele: Is there objection? All in favor, say "aye." 269 March 27, 2003 The Commission (Collectively): "Aye." The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 03- 312 A MOTION CONFIRMING THE APPOINTMENT OF VIONA BROWNE AS THE REPRESENTATIVE OF THE FRATERNAL ORDER OF POLICE MEMBER OF THE EQUAL OPPORTUNITY ADVISORY BOARD. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Vice Chairman Teele: Now, does the Miami Association of Firefighters have an appointment too? Commissioner Sanchez: Do they have a -- Ms. Thompson: They do. Commissioner Sanchez: Do they have a nomination? Ms. Thompson: Yes, he's on. Henry Harrison. Vice Chairman Teele: It's on the agenda. Henry S. Harrison by the Miami Association of Firefighters and Maria V. Bao the AFSCME representative. Ms. Thompson: Correct. Vice Chairman Teele: Could we get a motion on those two? Commissioner Sanchez: So move. Commissioner Gonzalez: Second. Vice Chairman Teele: Is there objection? All in favor, say "aye." 270 March 27, 2003 The Commission (Collectively): "Aye." The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 03-313 A MOTION CONFIRMING THE APPOINTMENT OF MARIA V. BAO AS THE REPRESENTATIVE OF AFSCME LOCAL 1907 AND HENRY S. HARRISON AS THE REPRESENTATIVE OF THE MIAMI ASSOCIATION OF FIRE FIGHTERS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Vice Chairman Teele: Are there any individual appointments for the board? Commissioner Sanchez: Yes. I have two, Mr. Vice Chairman. Vice Chairman Teele: Commissioner Sanchez. Commissioner Sanchez: I would like to reappoint Raul Dominguez and Sam Mason. Commissioner Gonzalez: Second. Vice Chairman Teele: Is there any objection? Is there a second? Commissioner Gonzalez: Second. Commissioner Regalado: Second. Vice Chairman Teele: All in favor, say "aye." The Commission (Collectively): "Aye." Vice Chairman Teele: All opposed. 271 March 27, 2003 The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 03-314 A MOTION REAPPOINTING RAUL DOMINGUEZ AND SAM MASON AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD. Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Vice Chairman Teele: Commissioner Regalado and Commissioner Teele, do you have appointments? Commissioner Regalado: Yes. John Jones and Alan Morley. Vice Chairman Teele: Is there a second? Commissioner Gonzalez: Second. Vice Chairman Teele: All in favor, say "aye." The Commission (Collectively): "Aye." Vice Chairman Teele: All opposed? The following resolution was introduced by Commissioner Regalado, who moved for its adoption: RESOLUTION NO. 03-315 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. 272 March 27, 2003 Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Vice Chairman Teele: No appointments for the Vice Chair. 73. APPOINT COMMISSIONER ANGEL GONZALEZ AND MAX CRUZ AS MEMBERS OF ORANGE BOWL ADVISORY BOARD. Vice Chairman Teele: Regarding the Sister Cities, no appointments. Regarding number 41, the Orange Bowl. Commissioner Regalado: I have an appointment. Commissioner Sanchez: I would like to appoint Angel Gonzalez as the new chairman of the Orange Bowl Advisory Board, so move. Commissioner Regalado: Second. Vice Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): "Aye." Vice Chairman Teele: All opposed? The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 03-316 A MOTION APPOINTING COMMISSIONER ANGEL GONZALEZ AS CHAIRPERSON OF THE ORANGE BOWL ADVISORY BOARD. 273 March 27, 2003 Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Commissioner Gonzalez: Thank you for the honor. Vice Chairman Teele: Are there any individual appointments to the Orange Bowl Advisory Committee? Commissioner Regalado: I have an appointment. Vice Chairman Teele: Yes, sir. Commissioner Regalado: Let's see, Max Cruz, but I need a residency waiver. Vice Chairman Teele: Max Cruz, is there a second? Commissioner Gonzalez: Second, with a waiver. Vice Chairman Teele: With a waiver. All in favor, say "aye." The Commission (Collectively): "Aye." Vice Chairman Teele: He's a great man. All opposed? The following resolution was introduced by Commissioner Regalado, who moved for its adoption: RESOLUTION NO. 03-317 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ORANGE BOWL ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. 274 March 27, 2003 Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Vice Chairman Teele: Four-fifths vote, it's been done. No other appointments being made. 74. BRIEF COMMENTS ON MEMBERS OF PLANNING ADVISORY BOARD. (See #67) Vice Chairman Teele: Number 42, Planning Advisory Board. Commissioner Regalado has one. Commissioner Regalado: I already did one and defer one. Vice Chairman Teele: Is Mr. Canty available for this board? You have to be nominated, right -- Commissioner Regalado: No. You have -- Vice Chairman Teele: -- or apply? Commissioner Regalado: -- to apply. Priscilla A. Thompson (City Clerk): You have to apply. Vice Chairman Teele: Did he apply? Ms. Thompson: No, he didn't. Our application -- he's an incumbent, but we do have applications for the (UNINTELLIGIBLE). Vice Chairman Teele: Who's an incumbent? Mr. Canty is an incumbent? Ms. Thompson: No. Mr. -- Vice Chairman Teele: C -A -N -T -Y. Teresita Fernandez (Executive Secretary, Hearing Boards): Mr. Teele, our -- your incumbent is Mr. Chip Black. Commissioner Regalado: The chairman. 275 March 27, 2003 Vice Chairman Teele: All right. Let me talk to Chip see if he wants to say. Are we having any quorum problems with that board? Commissioner Regalado: I have appointments for the Zoning Board. Ms. Fernandez: No, sir, we don't have any problems. 75. APPOINT ANGEL URQUIOLA, CHARLES GARAVAGLIA, CHARLES FLOWERS AND GEORGE WILLIAMS AS MEMBERS OF ZONING BOARD. Vice Chairman Teele: All right, Commissioner Regalado. Commissioner Regalado: On the Zoning Board, reappoint Charles Garavaglia and Angel Urquiola. Commissioner Gonzalez: Second, and if you could yield to me, Commissioner Regalado, I appreciate it. Commissioner Regalado: You have any appointment? Vice Chairman Teele: On what board? Commissioner Gonzalez: No, sir, I don't. Vice Chairman Teele: On what board are we talking about? Commissioner Sanchez: What board are we talking about? Commissioner Gonzalez: Zoning Board. Commissioner Regalado: Zoning Board. Commissioner Sanchez: Oh. Vice Chairman Teele: You don't have any appointments. Commissioner Gonzalez: No, I don't, but I need to address the Commission on the Zoning Board. Vice Chairman Teele: All right, let's just carry this motion. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All opposed? 276 March 27, 2003 The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 03-318 A MOTION A MOTION APPOINTING ANGEL URQUIOLA AND CHARLES GARAVAGLIA AS MEMBERS OF THE ZONING BOARD. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Vice Chairman Teele: Commissioner Gonzalez, you're recognized. Commissioner Gonzalez: Mr. Chairman, I just discovered two days ago that every Commissioner that sits in this dais has two permanent appointments to the Zoning Board. The only Commissioner that has one appointment is District 1 Commissioner. How will you call that if that were the case? In February we had two appointments and you would have only one. What will you call that? Vice Chairman Teele: You could call that a violation of the Civil Rights Act -- Federal Civil Rights Act. Commissioner Gonzalez: I'm glad you mentioned it because that's the way I feel about it. Vice Chairman Teele: I mean, it really is. Commissioner Gonzalez: It is, you know. Vice Chairman Teele: You know. Commissioner Gonzalez: I appointed two members to the board. My two members got to the meeting and one was told "You just go home. You can't talk and you can't vote, so go home," so I don't know, Mr. Attorney, how we can solve this. Do you want me to hire legal counsel so we defend the interest of my appointments? Maybe I can get some probono Attorneys friends of mine that can, you know -- Vice Chairman Teele: Commissioner -- 277 March 27, 2003 Alejandro Vilarello (City Attorney): We'll take a look at the issue, Commissioner. I was not -- Commissioner Gonzalez: How soon? Mr. Vilarello: Immediately. Commissioner Gonzalez: Thank you so much. I really appreciate it, sir. Vice Chairman Teele: Commissioner Gonzalez -- Commissioner Gonzalez: Thank you, Mr. Chairman. Vice Chairman Teele: -- it's a serious matter. Commissioner Gonzalez: It is a serious matter. Vice Chairman Teele: I mean, every district is entitled to equal representation -- Commissioner Gonzalez: Of course. Vice Chairman Teele: -- under the Voting Rights Act and even under the so-called guise of democracy. People can't run roughshod over districts, and that's the whole point, and you know, Miami hasn't had a good law suit on this, but the fact of the matter is, is that the Constitution does fully apply and everyone is equally protected whether you're politically in or politically out. Commissioner Gonzalez: Exactly. Vice Chairman Teele: So I think -- Commissioner Regalado: But if I -- Vice Chairman Teele: -- in all fairness -- Commissioner Regalado: But you know, that case is not the only one. If you check all the appointments, you'll see that in some boards some Commissioners have one, some Commissioners have two. To me, I don't understand that, why they did it. I guess that they did it before we came to district and we ran by group, Group 4, Group -- because I run citywide the first time in Group 4, and I remember that I had one appointment and one chairmanship at that time. Vice Chairman Teele: The problem was this, just so that everybody understands it, when this Commission was a Mayor and four Commissioners, with the Mayor being a ceremonial commissioner, every thing was divided two, two, two, two. When you created a Mayor and then gave the Mayor appointments, which you may or may not -- should have done, given the fact that the Mayor is an executive and getting legislative appointments, then there were some boards that wound up with some shortage, and what we need to do is instruct the City Attorney to sit 278 March 27, 2003 down and work with you, if necessary, to bring in outside council on voter rights issues, if necessary, but I'm certain that we can fix this thing legislatively if there's going to be a will -- Commissioner Gonzalez: Thank you. Vice Chairman Teele: -- by a majority -- Commissioner Gonzalez: Thank you -- Vice Chairman Teele: -- of the Commission. Commissioner Gonzalez: --Mr. Chairman. Vice Chairman Teele: Could I yield to you, Commissioner Regalado, to make my two appointments? Commissioner Regalado: Yes, sir. Vice Chairman Teele: I would like to reappoint -- Commissioner Regalado: Recognize Commissioner Teele. Vice Chairman Teele: -- Mr. Charles Flowers and Mr. Georges [sic] Williams. Commissioner Gonzalez: Second. Commissioner Sanchez: To -- Commissioner Regalado: We have a motion. Commissioner Sanchez: -- what board? Vice Chairman Teele: The board that was under discussion. Commissioner Gonzalez: The Zoning Board. Commissioner Sanchez: OK. Vice Chairman Teele: 43. Commissioner Regalado: We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. 279 March 27, 2003 The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-319 A RESOULTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS REGULAR MEMBERS OF THE ZONING BOARD FOR TERMS AS DESIGNATED HEREIN. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Commissioner Sanchez: Did we address the Homeland Defense Neighborhood Bond Board? Vice Chairman Teele: That was the one where the gentleman discuss -- on changing the dates? Commissioner Sanchez: No, no, no, no, no, no. Don't we make an appointment, I think? Commissioner Regalado: We already did. We already did. Commissioner Sanchez: Well, we need to go back because I didn't make my appointments on that one. Commissioner Gonzalez: Now on blue pages, right? Vice Chairman Teele: What number is that? Commissioner Sanchez: The Homeless Defense Neighborhood Bond. Vice Chairman Teele: What number? Commissioner Sanchez: I have to reappoint my two appointees. Vice Chairman Teele: What number? Commissioner Regalado: What number is it? 280 March 27, 2003 Priscilla A. Thompson (City Clerk): It's not on this agenda. It's (UNINTELLIGIBLE) for the next meeting. Commissioner Sanchez: OK. Thank you. 76. DEFER CONSIDERATION OF SPECIAL CONSENT ITEMS S -CA -1 THROUGH S -CA - 68 (See #79). Commissioner Regalado: Can we do the blue pages? Commissioner Sanchez: Blue pages. Vice Chairman Teele: We left off one special about a $19,000,000 consent item. We never took that up. Alejandro Vilarello (City Attorney): It's a special consent agenda. Vice Chairman Teele: Let me just say this. I think, in fairness, we ought to let this thing sit and look at it and take it up in April where everybody knows what were doing. It's a done deal, but -- if that's all right with you, Mr. Manager? It's waited Don Warshaw. Didn't he approve some of this stuff? Joe Arriola (City Manager): Yes, sir. Vice Chairman Teele: So one more week with five Commissioners won't -- so we would move that item to the next meeting. All right. Mr. Arriola: The only reason I brought it up is because you had asked me to bring it up in this meeting, but I'd be delighted, sir. 77. COMMENTS REGARDING PUBLIC WORKS DEPARTMENT CLEANING UP AFTER TORNADO THAT HIT LIBERTY CITY (See #32 & 104). Vice Chairman Teele: Blue pages. Alejandro Vilarello (City Attorney): Commissioner -- Joe Arriola (City Manager): Can I make one comment? Commissioner Sanchez: Wait. Vice Chairman Teele: Yes, sir. Commissioner Sanchez: Before we -- did we address the CA -23? That was the military. Mr. Vilarello: Yes. 281 March 27, 2003 Mr. Arriola: Yes, we did. Commissioner Sanchez: We did, OK. Commissioner Gonzalez: OK. Mr. Arriola: Can I make a comment? Vice Chairman Teele: Mr. Manager, of course, yes. Mr. Arriola: Because I'm always criticized for being a little too tough with our employees. I want you to know that tonight we had a tornado, and our wonderful Public Works Department is out there; they cleaned it up, and they're almost finished with that -- the big mess we had out there, so I just wanted to bring that up so you would know. Vice Chairman Teele: And Mr. Manager, you weren't here, but we commended you for being on top of it -- Commissioner Gonzalez: That's right. Vice Chairman Teele: -- and noted that you were personally leading the charge, and we appreciate your efforts for our citizens. Mr. Arriola: Thank you. Vice Chairman Teele: See, your staff will tell you the bad news; they don't tell you the good stuff, huh? Mr. Arriola: Well, I -- that's why I brought it up, because they did an outstanding job getting out there and fixing the problem. 78. DEFER CONSIDERATION OF PROPOSED LEGAL ACTION AGAINST BUNKERS OF MIAMI AND OTHER PARTIES TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR APRIL 10, 2003. (See #4.15 & 5) Vice Chairman Teele: Mr. Attorney, you had something. Alejandro Vilarello (City Attorney): Yes, Commissioner. Item CA -18 was deferred to 6 o'clock. We've met and this -- and I'd like to request that this matter be deferred to the April 10 meeting. Vice Chairman Teele: Commissioner Gonzalez. Commissioner Gonzalez: Motion to defer for the, what April 10? 282 March 27, 2003 Mr. Vilarello: April 10 meeting. Commissioner Gonzalez: April 10 meeting. Commissioner Sanchez: Second. Vice Chairman Teele: It wasn't as simple as we thought? Mr. Vilarello: Hopefully, by the 10th we'll be able to withdraw that item altogether. Vice Chairman Teele: All in favor of the motion to defer by Commissioner Gonzalez, say "aye." The Commission (Collectively): "Aye." Vice Chairman Teele: All opposed? The following motion was introduced by Commissioner Gonzalez, who moved for its adoption: MOTION NO. 03-320 A MOTION TO DEFER CONSIDERATION OF PROPOSED LEGAL ACTION AGAINST BUNKERS OF MIAMI AND OTHER PARTIES TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR APRIL 10, 2003. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton 79. DEFER CONSIDERATION OF SPECIAL CONSENT ITEMS S -CA -1 THROUGH S -CA - 68 TO COMMISSION MEETING CURRENTLY SCHEDULED FOR APRIL 10, 2003. (See #76) Vice Chairman Teele: And just so that the record is clear, could we just go ahead and defer it to the next agenda, what do you call that, Special CA (Consent Agenda) items -- Alejandro Vilarello (City Attorney): Special CA items -- 283 March 27, 2003 Vice Chairman Teele: -- 1 through -- Mr. Vilarello: -- 1 through 68. Vice Chairman Teele: -- 68, so moved by Commissioner Gonzalez and second by Commissioner Regalado. Is there objection? All in favor, say "aye." The Commission (Collectively): "Aye." Vice Chairman Teele: All opposed have the same right. The following motion was introduced by Commissioner Gonzalez, who moved for its adoption: MOTION NO. 03-321 A MOTION TO DEFER CONSIDERATION OF SPECIAL CONSENT ITEMS S -CA -1 THROUGH S -CA -68 TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR APRIL 10, 2003. Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton 80. DIRECT MANAGER TO ORDER COMPLETE AUDIT AND QUARTERLY PROGRESS REPORTS OF POLICE PROPERTY ROOM. Vice Chairman Teele: All right. Blue pages. We have a key to the City here to present. Commissioner Gonzalez: I think it's not going to be presented today, unless you go and find them. Commissioner Sanchez: All right. Vice Chairman Teele: Who would like to go first on their blue pages? Commissioner Sanchez: We'll go by districts, if you don't mind? Vice Chairman Teele: Commissioner, any way you'd like to do it. District 1. 284 March 27, 2003 Commissioner Gonzalez: Thank you, sir. Yes. I'm sure that all of you received all the audit report on the property unit of the Miami Police Department, and I'm sure that all of you read it, and let me tell you, I was very disappointed and very concerned when I went through -- when I read every paragraph of this audit report, and one thing that really concerns me is that in every single inspection, it was a spot-checking or a spot -- yeah, spot-checking of different items, and in every single item, even though it was done just on spots, there are very serious comments, and actually, I could say that according to this report, everything is out of compliance, and I'm requesting, with all due respect, that a complete, full-blown audit be done out of the property room, and that is my first item on the blue pages. Vice Chairman Teele: Is that a motion? Commissioner Regalado: Second. Victor Igwe (Auditor General, Auditor General's Office): Commissioner, can I -- ? Commissioner Gonzalez: I don't know if the audit has to be -- is that done in the form of a motion or is -- ? Commissioner Regalado: Well, we don't have an auditor yet for the Commission, so we have to direct the Manager to -- Vice Chairman Teele: He could move to direct the Manager -- Commissioner Gonzalez: OK. Vice Chairman Teele: -- to have the internal auditor to do it. Mr. Igwe: Commissioner, can I say something before the motion? Vice Chairman Teele: Yes, sir. Mr. Igwe: Going back to do that audit now will not really be very cost effective because normally, when we do audits, we do them on a sample basis, and they've already started fixing some -- most of the problems. If we go back now, we will find exactly the same problems that we're already having that are poor. They pretty much accepted all the findings. They didn't argue with any of the findings, so I probably will suggest or recommend that you give them some time to implement adequate internal control procedures, and maybe we'll go back like in about a year or so to determine the effectiveness of what they have in place. Commissioner Gonzalez: Let me tell you. Priscilla A. Thompson (City Clerk): We need you -- I'm sorry, can we get your name for the record, please. 285 March 27, 2003 Mr. Igwe: Name, Victor Igwe, Internal Audit. Commissioner Gonzalez: Let me tell you, I don't have a problem with that, but going to the lack of fidelity bond coverage -- it says the misappropriation note on page 8 and 9 would have been recovered if the City have fidelity bond coverage. A similar outage finding was noted in the other report of `98/'80, dated November 6, 1997 -- Mr. Igwe: Yes, sir. Commissioner Gonzalez: -- so that means that since 1997, we're carrying this problem and nothing has been done, and we're in 2003. Mr. Igwe: That's correct, sir. Commissioner Gonzalez: So what you're telling me is just give them an opportunity. How many more years are we going to (UNINTELLIGIBLE)? What do you propose, another 20 years? Mr. Igwe: Well, that's exactly what I'm saying. If we go back, the same problem will still be there, so -- Commissioner Gonzalez: Well, then we have a serious problem. Because if you're the auditor and you do an audit and whenever you do an audit, you write a report -- an audit report -- Mr. Igwe: Right. Commissioner Gonzalez: -- and there is supposed to be compliance, and if we go back and we still have the same problems and they are not corrected, then Mr. Manager, I don't know what to tell you. I mean, then we're out of -- Mr. Igwe: I believe they've started addressing some of the -- Commissioner Gonzalez: -- then we're totally out of control. Then we're totally out of control. Mr. Igwe: I think they've already started fixing most of the problems. I think they're here to speak for themselves. Commissioner Gonzalez: And let me clear -- let me put this clear for the record. I'm not blaming the new Police administration for these problems because this goes back to `97, but we have -- according to this report, we don't have control of firearms, we don't have control of monies, we don't have control of narcotics, we don't have control of anything. Well, might as well don't have, you know, a property unit. Just put it in the parking lot. Mr. Igwe: That's a true statement. Commissioner Sanchez: May I? 286 March 27, 2003 Commissioner Regalado: Yes, sir. Commissioner Sanchez: Now that all these issues of great concern have been identified in the audit, I guess the next question is what are we doing to correct the illness of that property room? I mean, I just glanced through it, and really, I mean, I was shocked that for so many years that type of lack of accountability, lack of responsibility, lack of, you know, walking in with having no credentials -- I scanned it through the audit. I think now the appropriate issue is to -- you know, for you to tell us what exactly is the Police Department to assure that these actions don't happen again in the property room. Commissioner Gonzalez: Well, if you read (UNINTELLIGIBLE) detail, you'll have a heart attack because -- Commissioner Sanchez: Oh, no. I -- Commissioner Gonzalez: -- you being a police officer -- an ex -police officer, you will have a heart attack. Commissioner Sanchez: Well, I just -- first of all I'm shocked that anyone could walk in and just go in and take money, take a firearm, put it back later; go in through the drugs and possibly take the drugs out. I mean, there's a lot of things that could have gone wrong. I'm not saying they went wrong, but the report clearly says that there was a lack of accountability in the property room, so now what we'd like to know -- what this legislative body would like to know is what actions is the Police Department taking to correct that? John Gallagher: Commissioner, that's a very legitimate question. John Gallagher, Assistant Chief, Administrative Division, Miami Police Department. When Chief Martinez arrived in January of this year and took the reigns as Police Chief in Miami and then brought me on board, one of the first places I went to look was our property room. You haven't been in the business. This is a ticking time bomb in many agencies, not just in our Department, and Chief Martinez and Chief Timoney have concurred with the findings of Mr. Igwe and his team. There is a lot that -- I think that there's a lot of problems that they identified and even more. We're finding more of our own. This is something that didn't happen overnight. It appears that it took years for things to get this bad. Before this audit came out, Chief Timoney assigned a full major, a full major in Miami Police Department to go down there with the direct order of finding out the scope of the problem and to bring to us a comprehensive plan of what we need to do to straighten this out, and we've had a major working down there for six or eight weeks now. There's a number of things that we've already started to do and there's a number that we've identified and that we've had many meetings and also conversations with our bosses at City Hall, but just a sampling of the things we're doing, if I may. In addition to having the major, who's putting together this comprehensive plan for the City, we are creating new methods of counting the property we have. There was little to no controls over money. You're right, Commissioner, people could come in and take out drugs and money, people within the Police Department. Commissioner Gonzalez: Not only -- no, no. Let me correct you. 287 March 27, 2003 Mr. Gallagher: Yes. Commissioner Gonzalez: Put the record correct. Not people could come in and -- Commissioner Sanchez: Policemen. Commissioner Gonzalez: -- take money; people came in and took money, and it's reflected in here, and another serious concern that I have is that one employee of the City of Miami Police Department Property Unit took some money from the Property Unit, and after it was discovered this person was allowed to retire under the drug program or whatever you call it, and it's reflected in this audit -- and Mr. Manager, I have a serious problem with that, because if a person was stealing money from the property room of the Police Department, how can we allow that person to retire and don't face criminal charges? I bet you that if I drop a match on the floor here in City Hall, I'd be arrested within five minutes, OK, so I don't know how this got away, but it's very serious and it is here, reflected by the auditor of the City of Miami. We have a -- it's even a fake in financial of the City of Miami. Supposedly, according to the audit report, monies that are confiscated are supposed to be deposited in a bank, in an interest-bearing account, and at one point we were talking about $2,000,000. Would you imagine the interest in $2,000,000 that the City didn't collect? So it's series. I mean, it's serious problems. We've got series problems here. Joe Arriola (City Manager): Yeah, and he'll continue. I'm checking with this. I'm almost sure that we did not accept that retirement by the way, but let me double check on that and I'll let you know in a few minutes. Commissioner Sanchez: Could you proceed with -- ? Mr. Gallagher: Yes, please. It's my understanding, Mr. Manager, that she did file her paperwork; it is not final, and the criminal charges, if there were to be any, would be determined by the prosecutor's office, but there is no argument here that that's a place in need of a serious fix and that what we're starting on now. Just to give you a laundry list, if I may. New refrigerators are needed down there, so we're working on that. New cages to separate the items to make sure we have a consistent chain of custody; separate the evidence from other items that we keep down there, uniforms and quartermaster items. We need to do an inventory, and we're trying to find out what that might cost. We're not even sure what's down there, to be honest with you. Commissioner Gonzalez: I know. I know you're not -- Mr. Gallagher: We need to do -- Commissioner Gonzalez: -- sure what's -- Mr. Gallagher: -- an honest -- 288 March 27, 2003 Commissioner Gonzalez: I know you don't know what's there. Mr. Gallagher: We need to find out what's down there and then maybe we could find out what's missing, but that's something that we need to do and we're speaking to our superiors about how to afford that. You're right about the money, but it's also something that before the audit came out, we identified right away. Two million dollars can bring a lot of money -- needed money into this city, and we've been working with the Legal and the Budget people to find out if we can take that money, and it's crazy to hold it downstairs, literally, in a vault collecting no interest maybe for years. It makes absolutely no sense, never mind the potential for corruption, so these - - we agree with this audit. We have been working for the past six weeks with our colleagues in Budget and in Legal to verify that we can collect the money for the City coffers, the interest on that money. We're repackaging the narcotics. That was another area that was rightfully pointed out in the audit. We have done some things to improve the ventilation and the air conditioning down there so this evidence doesn't rot. We're doing things to clear out backlogs. One of the things that was mentioned in the report is we have some items for cases that were closed ten years ago taking up valuable space. We have a limited amount of space in that property room. We have to clear that backlog out. We have to work better with the State Attorney to get the authority. We can't just dismiss those things, even if the case is closed, without their permission, and we are doing that. Commissioner Gonzalez: OK. Mr. Gallagher, I'm sorry. Mr. Gallagher: Yes, sir. Commissioner Gonzalez: What is your rank, sir, with the Police Department, major or chief or -- Mr. Gallagher: Assistant chief -- Commissioner Gonzalez: Assistant chief. Mr. Gallagher: -- Administration Division. Commissioner Gonzalez: Mr. Assistant Chief, I don't want to take advantage of my colleagues and take forever with this issue. Mr. Gallagher: Thank you, sir. Commissioner Gonzalez: Where is the auditor? Commissioner Sanchez: The what? Commissioner Gonzalez: Mr. Igwe, what do you recommend -- how much time would you said that we should give the Police Department to get their house in order? 289 March 27, 2003 Mr. Igwe: Our yellow books (UNINTELLIGIBLE) that we use to do audits require us to go back periodically. I will say that in about a year. Commissioner Gonzalez: In about a year? Mr. Igwe: Yeah. Give them some times to put the, you know, adequate control procedures in place, then we go back and verify -- Commissioner Gonzalez: All right. Mr. Igwe: -- the effectiveness. Commissioner Gonzalez: I will ask you to please provide the City Commissioners and myself -- my colleagues and myself with a report of the progress that has been done in the property -- Commissioner Sanchez: Maybe a month -- Commissioner Gonzalez: -- room unit. Commissioner Sanchez: Maybe a monthly update on -- Commissioner Gonzalez: Right. Commissioner Sanchez: -- what -- Mr. Igwe: OK. Commissioner Sanchez: -- you're doing. Commissioner Gonzalez: Or quarterly. Are we -- Commissioner Sanchez: Or quarterly, yeah. Commissioner Gonzalez: I'm not going to force him to do it monthly, but maybe quarterly to see what areas have been corrected and we -- what we still have to correct. Commissioner Sanchez: All right. Commissioner Gonzalez: Thank you, sir. I really -- Mr. Igwe: Sure. Commissioner Gonzalez: -- appreciate it. Mr. Gallagher: Thank you. 290 March 27, 2003 Commissioner Gonzalez: Mr. Manager. Vice Chairman Teele: Commissioner Gonzalez. Commissioner Gonzalez: Yes, sir. Vice Chairman Teele: May I compliment the Assistant Chief on coming clean and -- Commissioner Gonzalez: Sure. Vice Chairman Teele: -- and not spending a lot of our time trying to explain and defend. Commissioner Gonzalez: Sure. Vice Chairman Teele: I mean, you know, you've got a much better result by coming clean, I think, than stonewalling and being defensive, and I don't know you. I don't think I've ever met you, but I just want to compliment you because it's refreshing to hear someone just come down and say "We got a problem and we're working on it and hear are the things that we're doing. We sent a major down," dah, dah, dah, dah, dah, and that's makes everybody, you know -- that gets the heat off of everybody. It's that, you know, constant, defensive, half-truths, people skating through trying to say something that they don't mean to say something they don't want to say, and it was very clear, and it's very clear that you all want to straighten the matter up. At least you've convinced me you do, and I think it's a real tribute to Chief Timoney and the Manager that you've come forth and been very direct. Commissioner Gonzalez: I appreciate it. I also appreciate the frankness. 81. DIRECT MANAGER TO ORDER COMPLETE AUDIT OF LAW ENFORCEMENT TRUST FUND FOR LAST THREE YEARS. Commissioner Gonzalez: My Item B is -- I'm also interest -- since Mr. Auditor, we're not going to go back to do the property room of the Police Department. I'm very interested -- and this is something that has been on my mind ever since I became a Commissioner. Based on things that I know had happened with this organization and knowing a little bit about the past of this organization. I would like, Mr. Manager, to request an audit of the Law Enforcement Trust Fund, and the reason is that the monies from the Law Enforcement Trust Fund was used to promote chief of Police in this city, OK, to buy tables, events where the chief of Police would sponsor a complete banquet and all of that, you know, and I also heard comments that monies are distributed there in envelopes, or at least were. You know, you needed some money; here is an envelope. You know, let's put it in so and so account, so I will appreciate it, Mr. Manager, if we could have an audit of the Law Enforcement Trust Fund, OK? Victor Igwe (Auditor General, Auditor General's Office): Commissioner, we will definitely do that audit, but we did that audit about two years ago. Commissioner Gonzalez: I beg your pardon. 291 March 27, 2003 Mr. Igwe: We did that audit about two years ago, and they -- the problem -- the major problem they had was they were giving monies to community-based organizations, which they were not supposed to. Commissioner Gonzalez: Well, let me tell you, let me tell you. That's maybe what they told you, OK, but this Commissioner that you see sitting here now was used to put up an event for Mr. Donald Warshaw, OK, and part of the money -- and this Commissioner that you see sitting here now was used as the president of the Allapattah Chamber of Commerce to put up this event, OK, and monies were used from the Law Enforcement Trust Fund, so you know, I don't know what they did two years ago, and I'm -- honestly, with all due respect, sir, I don't care what was done two years ago. I'm asking, sir, with all due respect, Mr. Manager, I want a new, complete audit report, but I got -- I also understand that there are $50,000 missing from this fund that allegedly the ex -City Manager and ex -Chief of Police deal with, so you know, I just want an audit report. I just want a report. I want to know what's going on with these funds. How we're going to handle -- how are we handling the money, where the money is going to, and what are we doing with this money? Mr. Igwe: Which fiscal year are we talking about, just one fiscal year or two years for the -- Commissioner Gonzalez: Pardon me? Mr. Igwe: -- audit? Commissioner Gonzalez: Yes. Mr. Igwe: Are we talking about on fiscal year audit or two? Commissioner Gonzalez: I would like to have it for three years. If you can go back three years, I would like to go back three years. Mr. Igwe: OK. Joe Arriola (City Manager): At least from the last audit. Mr. Igwe: From the last audit. Commissioner Gonzalez: Yes, at least from the last audit. Right. Mr. Igwe: OK. Commissioner Gonzalez: Thank you so much. Mr. Igwe: Sure. 292 March 27, 2003 82. DISCUSSION CONCERNING CITY CODE ENFORCEMENT Commissioner Gonzalez: And Item C was discussion in reference to code enforcement, and this is something that you and I already discussed, Mr. Manager, but I know that probably every Commissioner in this dais has the same problem that I have with the abandoned -- unsecured, abandoned properties that are being used to consume drugs and illegal activates and an eyesore in every neighborhood, and we need to make sure that we have a more proactive -- there be more proactive in taking care of these problems in our neighborhoods. 83. RELATED TO LIGA CONTRA EL CANCER, INC. TELETHON TO BE HELD AT COCONUT GROVE EXPO CENTER ON JUNE 11, 2003; AUTHORIZE WAIVER OF FEES AND PERMITS PERMISSIBLE BY LAW FOR PROVISION OF IN-KIND SERVICES FROM DEPARTMENTS OF POLICE, FIRE -RESCUE, MUNICIPAL SERVICES, SOLID WASTE, AND PARKS AND RECREATION, $21,473; ALLOCATE FUNDS FROM SPECIAL EVENTS FESTIVAL ACCOUNT CONDITIONING SAID AUTHORIZATIONS UPON ORGANIZERS. ALLOCATE $1,500 FROM SPECIAL EVENTS FESTIVAL ACCOUNT TO COVER COST OF COMMISSION ON STATUS OF WOMEN BREAKFAST SCHEDULED FOR MARCH 28, 2003 AT ORANGE BOWL ATHLETIC ROOM. Commissioner Gonzalez: And Item D is related to Liga Contra Cancer, and I'm asking for authorization for the waiver of all fees and permits permissible by law for the permission of in- kind services from the Department of Police, Fire Rescue, Municipal Service, Solid Waste, and Parks and Recreation, in an amount not to exceed $21,473; allocating from -- allocating funds from account number 001000921054.6.289, entitled Special Event Festival Accounts. Even though this is not a festival, this is an event that is done to raise money to cure people with cancer that don't have insurance and don't have a way to access medical care, so that is my request for my fellow Commissioners. Vice Chairman Teele: Is there a second? Commissioner Regalado: Second. Vice Chairman Teele: Discussion? Commissioner, would you consider amending this to provide for the $15,000 for the Miami Status of Women to come from the same account -- Commissioner Gonzalez: Yes, sir. Vice Chairman Teele: -- for the event -- the breakfast tomorrow -- Commissioner Gonzalez: Yes, sir. Vice Chairman Teele: -- which is going to be held at the Orange Bowl, whatever that room is. Commissioner Sanchez: The Athletic room. 293 March 27, 2003 Vice Chairman Teele: Athletic room, and again, I just think we have a special obligation to make sure -- Commissioner Gonzalez: I'd be happy to do that, sir. Vice Chairman Teele: All right, then the amount should be not to exceed $1,500, and the Mayor may have moved some money from one of his accounts. Commissioner Regalado: I -- Commissioner Gonzalez: OK. Commissioner Regalado: -- already did. Vice Chairman Teele: Huh? Commissioner Regalado: We already did. Vice Chairman Teele: All right. Commissioner Regalado: Two hundred dollars. Vice Chairman Teele: But it won't -- anything that's not used will stay in the account -- Commissioner Regalado: OK. Vice Chairman Teele: -- but it's to cover the cost of the breakfast. Commissioner Gonzalez: All right. Vice Chairman Teele: All right. As amended? Commissioner Gonzalez: As amended. Vice Chairman Teele: All in favor, "aye." The Commission (Collectively): "Aye." Vice Chairman Teele: All opposed? 294 March 27, 2003 The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-322 A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO THE LIGA CONTRA EL CANCER, INC. TELETHON TO BE HELD AT THE COCONUT GROVE EXPO CENTER ON JUNE 11, 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, CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES AND SOLID WASTE, IN AN AMOUNT NOT TO EXCEED $21,473; ALLOCATING FUNDS FROM ACCOUNT NO. 001000921054.6.289, ENTITLED "SPECIAL EVENTS FESTIVAL ACCOUNT;" CONDITIONING SAID AUTHORIZATIONS UPON THE ORGANIZERS: (1) OBTAINING ALL PERMITS REQUIRED BY LAW; (2) PAYING FOR ALL OTHER NECESSARY COSTS OF ALL OTHER 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 Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Vice Chairman Teele: Commissioner -- Commissioner Gonzalez: Thank you, Mr. Chairman. Thank you (UNINTELLIGIBLE). Vice Chairman Teele: Thank you very much. 295 March 27, 2003 84. DEFER CONSIDERATION OF PROPOSED ROTATION OF CHAIRMANSHIP ON BODIES THAT COMMISSIONERS SERVE TO COMMISSION MEETING CURRENTLY SCHEDULED FOR APRIL 10, 2003. Vice Chairman Teele: Commissioner Winton has asked that his blue page items be withdraw, according to his aide. Commissioner -- Number 3, Commissioner Joe Sanchez. Commissioner Sanchez: Thank you, Mr. Chairman. I have several items pertaining to the CRA (Community Redevelopment Authority) on my Commissioner items. However, since Commissioner Johnny Winton is not here on Item A, I will ask that this item be deferred to the next Commission meeting. This item is the discussion concerning rotating the chairmens [sic] of all boards that the Commission serve on on governing bodies of the City of Miami, so we'll -- I'll make a motion to defer to the next Commission meeting, so move. Commissioner Regalado: Second. We have a motion and a second. All in favor, say aye. 11 The Commission (Collectively): "Aye." The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 03-323 A MOTION DEFERRING CONSIDERATION OF PROPOSED ROTATION OF CHAIRMANSHIP ON ALL BODIES THAT COMMISSIONERS SERVE, SUCH AS THE CRA, BAYFRONT TRUST, ETC., TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR APRIL 10, 2003. Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Commissioner Angel Gonzalez 296 March 27, 2003 85. DIRECT MANAGER TO INSTRUCT DEPARTMENT OF INTERNAL AUDITS TO CONDUCT FULL AND COMPLETE AUDIT OF CITY'S COMMUNITY REDEVELOPMENT AGENCY (CRA); DIRECT THAT FUNDING FOR AUDIT BE ALLOCATED FROM TAX INCREMENT FUNDS OF OMNI AND SOUTHEAST OVERTOWN/PARK WEST CRA AREAS. Commissioner Sanchez: The item that we universally endorse at the February CRA (Community Redevelopment Agency) meeting, the Chairman and other CRA board members welcome the full audit by Victor Igwe. I think this is a step in the right direction to restore credibility and transparency at the CRA, so I will be making the motion on resolution directing the City Manager to instruct the Department of Internal Audit to conduct a full and complete audit of the City of Miami Community Redevelopment Agency, so move. Vice Chairman Teele: Seconded by -- Commissioner Regalado: Me. Vice Chairman Teele: Seconded. Is there objection? Would you include in that audit, and any entity that disperses funds on behalf of the CRA? You can't audit the CRA and their books without auditing the Finance Department and the Budget. Commissioner Sanchez: I accept the amendment. Vice Chairman Teele: So that was the intent, is the CRA and the fiduciary as it relates to the books. Commissioner Sanchez: Accept the amendment. Vice Chairman Teele: All right. Is there objection? All in favor, say "aye." The Commission (Collectively): "Aye." 297 March 27, 2003 The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-324 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO INSTRUCT THE DEPARTMENT OF INTERNAL AUDITS TO CONDUCT A FULL AND COMPLETE AUDIT OF THE CITY OF MIAMI COMMUNITY REDEVELOPMENT AGENCY ("CRA") AND ALL ASSOCIATED FIDUCIARY AGENTS, TO INCLUDE, BUT NOT LIMITED TO, SPECIFIC CONCERNS AS SET FORTH HEREIN; DIRECTING THAT THE AUDIT BE INITIATED IMMEDIATELY, AND PROGRESS UNINTERRUPTED THROUGH COMPLETION; FURTHER DIRECTING THAT FUNDING FOR THE AUDIT BE ALLOCATED FROM TAX INCREMENT FUNDS OF THE OMNI AND SOUTHEAST OVERTOWN/PARK WEST CRA AREAS. Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Commissioner Angel Gonzalez 86. DEFER TO CRA APRIL BOARD MEETING CREATING AND ESTABLISHING COMMUNITY REDEVELOPMENT AGENCY OVERSIGHT COMMITTEE. Commissioner Sanchez: The other, Item C, which is the Oversight Board -- creating an oversight board, and I'll go ahead and also defer that one. I believe, Commissioner Teele, that you wanted to bring this one back to the CRA (Community Redevelopment Agency), which you felt that it was the appropriate venue to debate this issue. Do you still feel that way? Vice Chairman Teele: Yes, but I also think that it would be helpful if Commissioner Winton were there so we're not debating things twice, and just so that you all know this: Mr. Attorney, I would hope that you would pass out a comprehensive restructuring consistent with the things that Commissioner Sanchez has raised, but more consistent with the state law and the interpretations of how most CRAB are functioned -- Commissioner Sanchez: Florida Statue 163. Vice Chairman Teele: -- that go even beyond that, under Chapter 163. 298 March 27, 2003 Commissioner Sanchez: OK. Vice Chairman Teele: So I think, if we could get all of those matters before -- and you know, I'd be more than happy for you to sort of do whatever you'd like to do in terms of looking over all of it because I think, you know, the goal here is to have more transparency and openness relating to this. Commissioner Sanchez: Well, we'll address that issue, so we'll go ahead and send it over to the CRA, but not this CRA which is on the 31, which I will not be; I will be out of town, so if we can make it at the next CRA. Vice Chairman Teele: The next CRA, or we could have a special board meeting, I think would be the best thing for us to meet. Commissioner Sanchez: I'd rather it be on the CRA regular agenda. Vice Chairman Teele: All right. Commissioner Sanchez: I don't think this needs to be debated. Vice Chairman Teele: Whatever your preference is. All right. Without objection, the item will be referred to the CRA for the April board meeting, regular board meeting. Commissioner Sanchez: That is Item C. Vice Chairman Teele: Item C. Commissioner Sanchez: And we deferred Item A. We passed Item B, and then we deferred Item C. Vice Chairman Teele: And "D." 87. DEFER CONSIDERATION OF PROPOSED ORDINANCE TO PROVIDE FOR APPOINTMENT OF BOARD OF COMMISSIONERS TO OVERSEE SOUTHEAST OVERTOWN/PARK WEST AND OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY (CRA) INSTEAD OF GOVERNING BODY OF CITY SERVING AS CRA BOARD OF DIRECTORS TO COMMISSION MEETING CURRENTLY SCHEDULED FOR APRIL 24, 2003. Commissioner Sanchez: And then we have -- we'll also defer Item D for Commissioner Johnny Winton to be present, and if we could defer it to the second meeting in April so we could further debate the issue and discuss it, so move. Vice Chairman Teele: Moved and seconded that the item be -- by Commissioner Regalado -- be deferred to the second meeting in April. Is there objection? All in favor, say "aye." 299 March 27, 2003 The Commission (Collectively): "Aye." Vice Chairman Teele: All opposed, say "no." The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 03-325 A MOTION TO DEFER CONSIDERATION OF PROPOSED ORDINANCE ON FIRST READING TO PROVIDE FOR THE APPOINTMENT OF A BOARD OF COMMISSIONERS TO OVERSEE THE SOUTHEAST OVERTOWN/PARK WEST AND OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY (CRA) INSTEAD OF THE GOVERNING BODY OF THE CITY OF MIAMI SERVING AS THE CRA BOARD OF DIRECTORS TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR APRIL 24, 2003. Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Commissioner Angel Gonzalez Vice Chairman Teele: Commissioner, did you have other items? Commissioner Sanchez: No, sir. Thank you. 88. UPDATE ON REPORT FROM ADMINISTRATION TO IDENTIFY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR POSSIBLE INFRASTRUCTURE AND PARKING IMPROVEMENTS AROUND SOUTHWEST SOCIAL SERVICES PROGRAM FACILITY LOCATED AT 25 TAMIAMI BOULEVARD. Vice Chairman Teele: District 4, Commissioner Regalado. Commissioner Regalado: Thank you, Mr. Chairman. Several months ago we brought an item here to the City Commission regarding CDBG (Community Development Block Grant) funds, and one of the two -- actually, the only social service program in District 4, and the board -- this board referred this item to the Parks Advisory Board, to the staff, and finally, we have this before us, so it's a report from the administration regarding a directive given at the January 9th City Commission meeting to identify Community Development Block Grants funds for infrastructure 300 March 27, 2003 and parking improvement around the Southwest Social Services Program, located at 25 Tamiami Boulevard. Now, the reason that we are requesting this fund from CD (Community Development) is that this building was built several years ago in what used to be a park of the City of Miami, but it does not have parking, and the clients, although some of them are bused in, have cars and they park in and around the building in the residential area in the neighborhood, creating a hardship for the residents and the elderly clients, so I brought this here, with the support of the Mayor, because I think that if we are -- if we can contribute to build some parking places, we will facilitate the way that these people attend the service center, and of course, to create a better quality of life in the neighborhood, so Barbara, could you tell us -- you had meetings with them, and what is the amount needed and what is the process now? Barbara Rodriguez: Barbara Rodriguez, Department of Community Development. As an instruction from this City Commission, we needed to present this to the Parks Advisory Board. It was presented March 12th. It passed unanimously. We've been working with Southwest Social Service. The original proposal that they've brought was very understated for the nine additional parking space. We had a conversation with Southwest Social Services for them to get additional information of how much it's going to cost. I believe they're here today, if you can -- if they want to address this. The issue behind it is, basically, they went out. They requested some information to get a feeling of how much we needed. We told them that it was complete wrong -- it was very little what they were saying that it was needed. We've gotten information that they're in the process of getting additional bids and they will come back to us, so that's where we are right now. Commissioner Regalado: And this includes the fence, which, by the way, was broken by a car trying to exit the place, so it's fencing, a paved -- it's not a parking structure, by the way. It's just a paved -- Ms. Rodriguez: For nine additional parking spaces. Commissioner Regalado: Additional parking. Only nine, you mean? Ms. Rodriguez: That's the only thing they're requesting. Commissioner Regalado: OK. Ms. Rodriguez: Nine additional parking spaces. Commissioner Regalado: OK. Ms. Rodriguez: So, right now, we're waiting for the information that they're gathering so that we can then make an assessment. In reference to the funding, we have identified funding, including some from District 4 that have been set aside that could be used to help the Southwest Social Services for this additional parking, so I think, right now, we're waiting for them to provide us some information and we will continue working with them. In the even that they feel they need additional help from us, we'll be in a position to help them as well. 301 March 27, 2003 Commissioner Regalado: Thank you. Thank you, so we will know in the next meeting. 89. ESTABLISH WORKING GROUP FOR SIXTY-DAY PERIOD TO REVIEW AND DETERMINE ECONOMIC IMPACT OF LIVING WAGE INCREASE ON CITY'S FISCAL YEAR 2003-2004 BUDGET; DIRECT WORKING GROUP TO PRESENT FINDINGS TO COMMISSION BY MAY 29, 2003. Commissioner Regalado: The second item, Mr. Chairman, is a discussion concerning the creation of a working group in charge -- with the responsibility of preparing a report on the economic impact of a living wage ordinance, and to present their findings to the Miami City Commission in 60 days, and as -- the membership of the group shall consist of Larry Spring, Chief Strategic Planning, Budget, and Performance, Rosalie Mark, Director, Department of Employee Relations, and two members to be appointed by the Mayor. This is part -- and also Professor Bruce Neison of Florida International University, and this is just a follow-up of what we discuss here many, many month ago. Vice Chairman Teele: Is there a second? Commissioner Gonzalez: Second. Vice Chairman Teele: Further discussion? Commissioner Regalado: No discussion at all. Vice Chairman Teele: Discussion -- further discussion, Commissioner? Commissioner Regalado: No. I'm -- just, you know, Manager, are you OK with having those members of your staff work on the study? Joe Arriola (City Manager): I think they already started the study, so I'm -- Commissioner Regalado: OK, thank you. Vice Chairman Teele: Mr. -- on further discussion -- Mr. Manager, I understand that Mayor Pinellas and somebody is coming out with this study about health care and where we're going. Could -- you know this, whole living wage thing, I think if people would explain it in the context of what's really happening is that government is generally subsidizing every contractor; the airport is subsidizing all of those management companies that are out there, all of those contractors because if they don't have health insurance, when those people get sick, when their families get sick, rather than a company that is providing health care, those people go right to the public health resources, they cash it in, and so it's much easier for a company to say -- bid $3 million on a job and just pay their people as cheap as they can and not provide health care versus a company that does, and I think part of this living wage issue has got to factor in the health care component because the real issue, as far as I see it, on the living wage is whether or not health care is being provided and, you know, health care cost money, and so what I'm very interested in is getting the research documents or the drafts from the Public Health Trust or from Mayor 302 March 27, 2003 Pinellas office and those places that are studying this because we really need to try to understand how health care and the provision of health care and the cost of health care fits into the living wage, because my view is this, the living wage ordinance is not so bad when you factor in health care, and I really would like to test that, so I strongly support this study Commission, and I would hope that Mr. Spring and others would help us get that information as quick as possible. Commissioner Regalado: I have another item, Mr. Chairman. Vice Chairman Teele: On the motion, all -- Commissioner Sanchez: On the motion, I would like to amend that, if we can. You know, we -- it's truly a shame that the City of Miami has part-time employees who have worked for 25 years in this City. You're talking about part-time employees who never collected retirement, who never collected on any type of insurance and they've been great employees to the City, and today they're faced in a situation where, you know, it's shameful and it's sad, and it's shameful that the City is just going to retire these people and we're not going to afford them anything, so I would like to amend this study to also look -- I don't know exactly how many employees the City may have that are part-time employees that retire. I mean, if you want to put 20 years, if you want to put 25 years, it's fine, but people that have worked for 25 years that have given their life to this City and today, or tomorrow, or the next day, when they retire, they're not going to get a dime, and I know several cases whom I've spoken to, and these people come to me and they cry and they cry because you know what, they never had -- they were always scared that if they complain they're going to get fired so they kept quiet because they did not want to lose their jobs and today they were in a situation where they're about to retire or some that have retired, and really that's something that we need to -- we need to take care of our employees. I mean, we don't always agree with them, but if one thing that we need to do is, when they retire, we need to take care of them, so I would like to amend that in this study, if the maker of the motion accepts my amendment, that they look into those individuals that have worked part-time for the City for 20 - plus years to see what we can do for them. Commissioner Regalado: I agree. I accept the amendment. Mr. Arriola: Can I add a little some -- ? Vice Chairman Teele: Alright. Mr. Arriola: Can I suggest something? Commissioner Regalado: There is a lady 27 years working in this city and well, you know about the case. Mr. Arriola: I know the case very well, sir. I would also like to include, if it's OK with you, temporary. Commissioner Sanchez: Yes, sir. As a matter of fact, I was coming back to say that; part-time and temporary employees. 303 March 27, 2003 Vice Chairman Teele: Alright. On the motion, all those in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All opposed. The following resolution was introduced by Commissioner Regalado, who moved for its adoption: RESOLUTION NO. 03-326 A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A WORKING GROUP, FOR A SIXTY-DAY PERIOD, TO REVIEW AND DETERMINE THE ECONOMIC IMPACT OF A LIVING WAGE INCREASE ON THE CITY'S FISCAL YEAR 2003-2004 BUDGET FOR CITY EMPLOYEES, INCLUDING TEMPORARY AND PART-TIME EMPLOYEES WITH 2O-25 YEARS OF SERVICE; SAID GROUP TO CONSIST OF THE CHIEF OF THE DEPARTMENT OF STRATEGIC PLANNING, BUDGET AND PERFORMANCE, THE DIRECTOR OF EMPLOYEE RELATIONS, PROFESSOR BRUCE NISSEN OF FLORIDA INTERNATIONAL UNIVERSITY, AND TWO MEMBERS TO BE APPOINTED BY THE MAYOR; DIRECTING THE WORKING GROUP TO PRESENT ITS FINDINGS TO THE CITY COMMISSION BY MAY 29, 2003. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Vice Chairman Teele: Further discussion? 90. ALLOW MANAGER FROM MARCH 27, 2003 THROUGH APRIL 30, 2003, TO PROVIDE CERTAIN RETIREMENT BENEFITS, NOT OTHERWISE AUTHORIZED BY ORDINANCE, RESOLUTION OR OTHER APPLICABLE LAW TO EXECUTIVE EMPLOYEES OF CITY. Commissioner Regalado: Mr. Chairman, the last thing I have is a resolution of the City of Miami Commission, with attachments, allowing the City Manager, from March 27, tonight, through April 30, 2003, to provide certain retirement benefits as listed on Attachment A, not 304 March 27, 2003 otherwise authorized by ordinance a resolution or other applicable law to executive employees of the City of Miami, and what this does -- and I have the Manager memo (memorandum) here. What this does is that it gives a window for some executive of the City who chose to remain, after the window closed in January, to retire after more than 20 years of service in this city, so that will be my motion. Vice Chairman Teele: Is there a second? Commissioner Gonzalez: Second. Vice Chairman Teele: Is there objection? Mr. Manager, you have no objection, do you? Joe Arriola (City Manager): Absolutely not. Vice Chairman Teele: All right. All those in favor, signify by the sign of "aye." The Commission (Collectively): "Aye." Vice Chairman Teele: All opposed? The following resolution was introduced by Commissioner Regalado, who moved for its adoption: RESOLUTION NO. 03-327 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOWING THE CITY MANAGER, FROM MARCH 27, 2003 THROUGH APRIL 30, 2003, TO PROVIDE CERTAIN RETIREMENT BENEFITS, AS LISTED ON ATTACHMENT A, NOT OTHERWISE AUTHORIZED BY ORDINANCE, RESOLUTION OR OTHER APPLICABLE LAW TO EXECUTIVE EMPLOYEES OF THE CITY OF MIAMI. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Vice Chairman Teele: On this matter, Mr. Attorney, does the Commission have the authority or right to grant bonuses or cash incentives to employees? 305 March 27, 2003 Alejandro Vilarello (City Attorney): To particular employees, the City Commission has nothing to do with the salaries or benefits of any particular employee. Vice Chairman Teele: The motion passes. It was unanimous. Did you have anything else? Commissioner Regalado: No, sir. Vice Chairman Teele: Would you preside, please? Commissioner Regalado: Yes, sir. 91. DEFER CONSIDERATION OF REPORT AND FUNDS FOR HISTORICAL PRESERVATION GRANT OF $225,000 PROVIDED TO PLANNING AND ZONING DEPARTMENT JULY 10, 2001; DISCUSSION REGARDING $255M HOMELAND DEFENSE AND NEIGHBORHOOD IMPROVEMENT BOND; PROPOSED INCREASE TO ALLOCATION OF $10,000 FOR TOTAL APPROPRIATION NOT TO EXCEED $16,344 FOR DOWNTOWN CITY HOTEL AS COSTS OF 5,000 ROLE MODELS OF EXCELLENCE BREAKFAST. Vice Chairman Teele: I'd like to bring up -- first of all, I'm going to make mine very, in the spirit of collegiality, as Commissioner -- Commissioner Regalado: Commissioner Teele is recognized. Vice Chairman Teele: Thank you. I'm going to move that Items A, B, and C on my blue pages be deferred to the next meeting, so move. Commissioner Regalado: OK. We have -- Commissioner Gonzalez: Second. Commissioner Regalado: -- a motion and second. All in favor, say "aye." The Commission (Collectively): "Aye." Commissioner Regalado: No "nays." 306 March 27, 2003 The following motion was introduced by Vice Chairman Teele, who moved for its adoption: MOTION NO. 03-328 A MOTION TO DEFER CONSIDERATION OF THE FOLLOWING ISSUES TO THE NEXT COMMISSION MEETING: • REPORT AND FUNDS FOR HISTORICAL PRESERVATION GRANT OF $225,000 PROVIDED TO PLANNING AND ZONING DEPARTMENT JULY 10, 2001 (SPECIFICALLY, NAMES, GRANTS AND CONTACT AMOUNTS OF ALL ENTITIES THAT HAVE RECEIVED FUNDING UNDER THIS GRANT AND BALANCES); • $255M HOMELAND DEFENSE AND NEIGHBORHOOD IMPROVEMENT BOND — POLICE TRAINING FACILITY AND HOMELAND DEFENSE INITIATIVES, $21M; LITTLE HAITI PARK, $25M; ORANGE BOWL, $16M, QUALITY OF LIFE $25M (BY DISTRICT); NEIGHBORHOOD PARK IMPROVEMENTS AND ACQUISITION, $21M (GIBSON/RANGE PARKS); SOCCER COMPLEX, $10M; MARGARET PACE PARK, $4M; CALLE OCHO IMPROVEMENT, $6M; • INCREASE TO ALLOCATION OF $10,000 FOR TOTAL APPROPRIATION NOT TO EXCEED $16,344 FOR DOWNTOWN CITY HOTEL AS COSTS OF 5,000 ROLE MODELS OF EXCELLENCE BREAKFAST (PARK OF MARTIN LUTHER KING HOLIDAY CELEBRATION ON JANUARY 20, 2003). Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton 92. WITHDRAW PROPOSED NOMINATIONS OF FATHER KENNETH MAJOR TO REPLACE SHALLEY JONES AND DWAYNE WYNN TO REPLACE LINDA HASKINS ON MODEL CITY COMMUNITY REVITALIZATION TRUST. Vice Chairman Teele: I'm going to move to withdraw Items F and I, in that the two matters have already been taken care of in a spirit of collegiality with the Manager. I would so move. Commissioner Regalado: OK. Commissioner Gonzalez: Second. 307 March 27, 2003 Commissioner Regalado: We have a motion, and a second by Commissioner Gonzalez. All in favor, say "aye." The Commission (Collectively): "Aye." The following motion was introduced by Vice Chairman Teele, who moved for its adoption: MOTION NO. 03-329 A MOTION TO WITHDRAW FROM TODAY'S AGENDA THE FOLLOWING ITEMS: PROPOSED NOMINATION OF FATHER KENNETH MAJOR TO REPLACE SHALLEY JONES ON MODEL CITY COMMUNITY REVITALIZATION TRUST; PROPOSED NOMINATION OF DWAYNE WYNN TO REPLACE LINDA HASKINS ON THE MODEL CITY COMMUNITY REVITALIZATION TRUST. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton 93. RESCIND MOTION 03-242.1 WHICH HAD APPOINTED FATHER REGINALD JEAN - MARY AND DANIEL FILS AIME TO HAITIAN BICENTENNIAL CELEBRATION COMMITTEE. Vice Chairman Teele: And as a matter of courtesy, I would like to take up the two items involving two people that have been waiting here. First, there's a matter that needs to be cleaned up that probably is a pocket item, but Max was -- had asked, as a result of the Community Development Public Hearing that was held in the District in which there was a tremendous outpouring of community residents -- we had over 250 people, and Mr. Cruz stayed from the beginning to the end and was fully participant, and I want to commend you, Mr. Cruz, because you add a lot to our -- you represent a lot of Wynwood and we're -- and Allapattah and we're interested. One of the issues related to the Haitian Bicentennial and why the City is doing nothing. It's regrettable that the Mayor today didn't get an opportunity to acknowledge it, but even though the City has designated the Mayor as the permanent co-chair of the Centennial Celebration -- and I think, in fairness to the City and the Mayor and everyone else, the economic 308 March 27, 2003 conditions in Haiti and the lack of international leadership is also a very important factor, and I think that's regrettable. We have appointed a committee and that committee is slow getting started, but what we did is we required that the Grassroots Coalition is the core group that has made those appointments. Those appointments have been ratified. To clean up the ratifications - - to clean up two appointments that were previously made, I'm moving to rescind the appointments of Father Reginald and Daniel Fils Aime because these appointments are made under a separate category, and I would so move. Commissioner Gonzalez: Second. Commissioner Regalado: Second. We have a motion and a second. All in favor, say "aye." The Commission (Collectively): "Aye." Commissioner Regalado: No "nays." The following motion was introduced by Vice Chairman Teele, who moved for its adoption: MOTION NO. 03-330 A MOTION TO RESCIND MOTION 03-242.1 WHICH PASSED AT THE MEETING OF FEBRUARY 27, 2003, AND WHICH HAD APPOINTED FATHER REGINALD JEAN -MARY AND DANIEL FILS AIME AS MEMBERS TO THE HAITIAN BICENTENNIAL CELEBRATION COMMITTEE. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Vice Chairman Teele: And the South Florida Historical Society and the Church of Notre Dame of Haiti will have their individual appointments, so those two entities. Daniel Fils Aime is the Chairman of the Historic Society, and you may note that he had the Mayor of Charleston here last month in that Haitians came to this county and fought for American Independence in the battle of Savannah, but in the battle for America's independence. Mr. Max, would you just identify yourself for the record? Because a number of community organizations would like to have a series of scholarly presentations and activities and they're just waiting for the City to get 309 March 27, 2003 our act together, and we are approximately 60 days behind, so Max, if you could just express your concerns so the Commissioners can hear what I've heard? Max Romeau: Sure. Max Romeau, 810 Northwest 47th Terrace. We have put together a coalition of organizations, Haitian community organizations. Right now we have seven. We have others who are waiting for them to vote so they could actually officially sign on. We're putting together a plan. What we really want to do is see, obviously January 1, which is Haitian Independence Day, have a January 1 big event extravaganza where we could have celebration worthy of the 200th anniversary of Haiti, and we want to have three other events; two academic discussions about Haiti's impact on the region and the world, including South Florida, obviously, and also a cultural event which would celebrate Haiti's culture, particularly cultural contributions to South Florida. There are events which are going to be going on that we have confirmed in Paris, France; in Montreal, in New York -- several in New York, not only in New York City, but the United Nations is going to be doing several events in New York; England; several African countries; Chicago, Washington, D.C., and a number of others, so we want to at least, at a minimum, given that this is probably the most politically advanced and active Americanized Haitian community outside of Haiti, we want to at least have the same in Miami that we have in all these other cities across the world, some of which don't even have a notable Haitian population, so that's really what we're looking for; two academic events, a cultural event and then some -- you know, obviously, a big January 1 event. We have several organizations signed on in support, and you know, we want to make them first-class events all the way. Vice Chairman Teele: And I talked to the Mayor about this and his chief of staff, as late as today. They're going to come forward with a recommendation, Mr. Springs [sic], Mr. Manager, on a budget adjustment and with a specific recommendation. The goal would be that these recommendations will never come back to this Commission; they would come back to the Haitian -- the Haiti Bicentennial Coordination Committee, which the Mayor is chairing, and a part of what we would like to do is keep the Commission informed, and certainly, the goal, of course, is to move beyond just the festivals, but to try to carry forth with some of the things the Mayor is talking about relating to the FTAA (Free Trade Area of the Americas) and trying to create more of an international academic and thoughtful body of discussion so that Miami is at the center of that. In that regard, there is one event that is on my blue pages tonight and that is, just so that everyone is aware, that before Haiti was independent, its flag was created on May 17, 1803, and so this year's Flag Day activity will be the 200th year of the flag. Haiti's independence came on January 1, 1804, so the 200th anniversary is January, but the 200th year of the flag is May 17, and we will be recommending that there be dollars transferred to MSEA (Miami Sports and Exhibition Authority) so that the City could have a fireworks demonstration to coincide with an event that's going to be held at Bayfront Park relating to the Flag Day, and so going back directly to the blue page, Max, it's our intent to -- did we vote to rescind those two appointments? It's our intent to have this thing done and to confer, you know, with the various officials around the community that we've agreed on, and by next week that this will be having its first meeting. Mr. Romeau: That the committee would be having its first meeting. Vice Chairman Teele: Its first meeting within the next ten days, OK. 310 March 27, 2003 94. RELATING TO 5 tH ANNUAL HAITIAN COMPAS FESTIVAL TO BE HELD MAY 17, 2003 AUTHORIZE 1) USE OF CITY LIGHT POLES FOR BANNERS 2) REQUEST BAYFRONT TRUST TO PROVIDE ADVICE REGARDING EXTENSION OF EVENT BY ONE HOUR 3) REQUEST COMMUNICATIONS DEPARTMENT TO PROVIDE AIRINGS OF FESTIVAL HIGHLIGHTS AND ANNOUNCE TIME AND PLACE OF 1sT HAITIAN FLAG DAY AND C) REQUEST MANAGER TO PROVIDE ADVICE AND GRANT WAIVER OF $15,000 PAYABLE TO BAYFRONT TRUST MANAGEMENT AND CITY SERVICES TO BE SUBMITTED BY 1sT MEETING IN APRIL.. Vice Chairman Teele: And so to go back to the blue pages, I would move that the -- Item E, and that is a motion relating to the Fifth Annual Festival -- Compas Festival, held May 17, at Bicentennial Park, authorizing the use of City light poles for banners, including but not limited to downtown, Little Haiti, Coconut Grove, and requesting that the Bayfront Trust provide advice regarding the extension of the event by one hour -- and this is the wrong date -- by one hour, and it's not May 18. I think this is a Saturday, and it would be Sunday morning, and further requesting that the community -- Commissioner Regalado: Yeah, because you're extending past midnight. Vice Chairman Teele: Past midnight, but it would not be Tuesday. This is the wrong date. It would be -- Commissioner Regalado: Oh. Vice Chairman Teele: -- Sunday, and requesting that the Communications Department in the context of the 200th anniversary of Haiti provide airings and highlights of the 5th Annual Compas Festival announcing the time and place of the Haitian Flag Day, and further requesting that the Manager to provide advice and grant waiver payable to the Bayfront Trust Management for services, and that would be coming back as a part of the next meeting. I would so move. Commissioner Sanchez: Second. Commissioner Regalado: We have a motion and a second. All in favor, say "aye." The Commission (Collectively): "Aye." Commissioner Regalado: It passes. 311 March 27, 2003 The following motion was introduced by Vice Chairman Teele, who moved for its adoption: MOTION NO. 03 -3 31 A MOTION OF THE MIAMI CITY COMMISSION RELATING TO THE 5TH ANNUAL HAITIAN COMPAS FESTIVAL TO BE HELD MAY 17, 2003 AUTHORIZING 1) THE USE OF CITY LIGHT AND POLES FOR BANNERS, INCLUDING BUT NOT LIMITED TO DOWNTOWN, LITTLE HAITI AND COCONUT GROVE, 2) REQUESTING THE BAYFRONT TRUST TO PROVIDE ADVICE REGARDING THE EXTENSION OF THE EVENT BY ONE HOUR TO TUESDAY, MAY 18, 2003; FURTHER REQUESTING THE COMMUNICATIONS DEPARTMENT IN THE CONTEXT OF THE 200TH ANNIVERSARY OF HAITI TO PROVIDE AIRINGS OF THE HIGHLIGHTS OF THE 5TH ANNUAL HAITIAN COMPAS FESTIVAL AND ANNOUNCING THE TIME AND PLACE OF THE 1sT HAITIAN FLAG DAY AND C, REQUESTING THE CITY MANAGER TO PROVIDE ADVICE AND GRANT WAIVER OF $15,000 PAYABLE TO THE BAYFRONT TRUST MANAGEMENT AND FURTHER CITY SERVICES TO BE SUBMITTED BY THE 1sT MEETING IN APRIL. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton 95. AUTHORIZE CITY TO SEEK AGREEMENT WITH METROPOLITAN PLANNING ORGANIZATION (MPO) TO ADVANCE FUNDS AND BE SUBSEQUENTLY REIMBURSED FOR PLANNING AND EXPEDITING OF DEVELOPMENT OF MLK BOULEVARD CORRIDOR FROM BISCAYNE BOULEVARD TO NORTHWEST 19TH AVENUE, PROVIDING IN-KIND COSTS FOR CITY SERVICES IN ASSOCIATION WITH APRIL ANNIVERSARY OF ASSASSINATION OF DR. MARTIN LUTHER KING INCLUDING $10,000 TO ASSIST IN HONORARIUM PROVIDED TO BERNICE KING'S, (DAUGHTER OF DR. KING) APPEARANCE IN CITY. Vice Chairman Teele: And then the other item involves the item that the Mayor touched upon today, and again, I just think we should try to get our money, Mr. Manager. Sixty -Second, MLK (Martin Luther King) Boulevard -- by the way, the chairman of the board of the Martin Luther King Foundation takes great offense to referring to 62nd as anything other than MLK Boulevard, 312 March 27, 2003 so if I say MLK Boulevard, I'm referring to 62nd° and since the Chairman is here -- Mr. Hardemon, do you want to introduce yourself? Billy Hardemon: Billy Hardemon, 655 Northwest 48th Street, Miami, chairman of the Board of the Martin Luther King Economic Development Corporation. Vice Chairman Teele: We're seeking an agreement with the MPO (Metropolitan Planning Organization) to advance funds -- that would be for the City to advance funds and be subsequently reimbursed for the planning and the expediting of development along the MLK Boulevard, from Biscayne Boulevard to 19th Avenue; 19th Avenue is the city limits. If you remember, the Mayor discussed going from -- actually, he said 95. I'm sure he meant Biscayne Boulevard, but from Biscayne Boulevard to 19th, and the Unincorporated Dade County will pick it up, and then Hialeah, but MLK Boulevard is a county road -- Mr. Hardemon: Yes, sir. Vice Chairman Teele: -- and all of the costs associated with that are eligible for reimbursement from the county and the MPO, and rather than fighting about it now, what we're asking the Manager and his Transportation staff to do, Public Works and transit -- Planning is to seek an MP -- an agreement from the MPO to be reimbursed, and then to move forward with that, and further to provide in-kind cost of City services for the services associated with the April anniversary of the assassination of Dr. Martin Luther King, including the provision of $10,000 honorarium to assist in the appearance of the daughter of Dr. King on April -- Mr. Hardemon: Fourth. Vice Chairman Teele: On April 4th from the special events fund. I would so move. Commissioner Gonzalez: Second. Commissioner Regalado: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): "Aye." Commissioner Regalado: It passes. 313 March 27, 2003 The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-332 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE METROPOLITAN PLANNING ORGANIZATION ("MPO"), FOR THE ADVANCEMENT OF FUNDS TO BE REIMBURSED, FOR THE EXPEDITIOUS PLANNING AND DEVELOPMENT OF THE MARTIN LUTHER KING BOULEVARD CORRIDOR (62ND STREET), FROM BISCAYNE BOULEVARD TO NORTHWEST 19TH AVENUE, MIAMI, FLORIDA; AUTHORIZING THE WAIVER OF ALL FEES AND PERMITS PERMISSIBLE BY LAW AND THE PROVISION OF IN-KIND SERVICES; FURTHER AUTHORIZING A GRANT, IN AN AMOUNT NOT TO EXCEED $10,000, TO PROVIDE FOR AN HONORARIUM FOR REVEREND BERNICE KING (THE DAUGHTER OF DR. MARTIN LUTHER KING, JR.) TO BE PRESENT FOR THE 35TH COMMEMORATING ANNIVERSARY OF THE ASSASSINATION OF DR. MARTIN LUTHER KING, JR. IN THE CITY OF MIAMI ON FRIDAY, APRIL 4, 2003; 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 Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Mr. Hardemon: Thank you. Vice Chairman Teele: All right. Mr. Hardemon, did you want to just give a little bit about what you're trying to plan on April the 4th; this may be your 30 -second advertisement. 314 March 27, 2003 Mr. Hardemon: Well, thank you very much. April the 4th, Commissioners, is the 35th anniversary of the assassination of Dr. Martin Luther King. We're using the anniversary as a -- to kickoff our revitalization project for MLK Boulevard. As Commissioner said, his daughter, Dr. King's daughter, Bernice King, will be our keynote speaker; on that Friday evening, the Reverend Joseph Lawry will be our keynote speaker; on our Sunday event, you all are welcomed to come. We're going to block off MLK Boulevard at about 8th Avenue, and you're all invited to come, as well as the entire community, and I'd like to take this time to thank Vice Chairman Teele for his support of this event. Thank you. Commissioner Sanchez: Thank you. Vice Chairman Teele: And I know that you should be honored that the Mayor included it in his comments, and I do think MLK Boulevard, which begins in Commissioner Winton's District on Biscayne Boulevard and comes over to the railroad track and goes through Little Haiti, through Model Cities and through -- into Hialeah, possibly best -- is one of the better streets -- boulevards that represents the total diversity, and there's no reason why MLK Boulevard in Miami has to be like some of the streets that have been named by him across the country, and I commend Mayor Diaz and his staff, Michelle Spence and others, for the leadership in working to ensure that the MLK Boulevard is reflective of a world-class city, and Mr. Manager, I appreciate your efforts in having the graffiti busters and the trash removal staying focused on that. Thank you. 96. WITHDRAW REQUEST OF PROFILE OF DESIGN, ENGINEERING AND CONSTRUCTION SERVICES INVOLVED IN RENOVATION OF CITY HALL AND FUNDING AND LEGISLATION TO EFFECTUATE LITTLE HAITI HOMEOWNERSHIP ZONE. Vice Chairman Teele: I will, in the spirit of harmony, defer the other two items, items -- or withdraw Items H and J. I would so move. Commissioner Gonzalez: Second. Commissioner Regalado: We have a motion and -- Vice Chairman Teele: For discussion. Commissioner Regalado: -- second. Vice Chairman Teele: Mr. Chairman -- Commissioner Regalado: Yes, sir. Vice Chairman Teele: -- Mr. Manager, I really do think that this is a beautiful project. I think your Communications director deserves commendations. He's not an engineer. He's not an architect. I think he's done a wonderful job. I, for one, am very pleased with what has been presented. I would like to say on the record that I would like -- Mr. McDonald, you know, I'm talking -- I just said some wonderful things about you. He's not accustomed to it? But I do wish 315 March 27, 2003 that these telephones were not -- I do wish these telephones were not radio transmitted phones. I'm -- after what happened to Nute Gingridge and all those guys, I'm just nervous. With all due respect to all of this, these wireless phones are radio transmissions any way you cut them, and I'm not comfortable with wireless technology, particularly when you're putting them to your ear, with all due respect to what everybody talks about doesn't happen on these emissions, so I just wanted to get that in, but the point that I want to make is that I think this City should never again do a signature project that represents the City without a tremendous affirmative effort to find minorities and women and others to participate in a project this important, and I know that in Atlanta, I know that in Cleveland, I know that in New Orleans and Washington, D.C., and other cities -- Commissioner Sanchez: (UNINTELLIGIBLE). Vice Chairman Teele: -- someone would have taken the effort to reach out and find qualified and capable minorities to do that. In fact, the Treasury Department was done by a woman - owned firm -- was restored in Washington, D.C., by a woman -owned firm, a black firm, that built most of the churches in the country in the `30s, `40s, `50s and `60s, so it can be done, but I'm withdrawing the item, and I would call the question. Priscilla A. Thompson (City Clerk): Excuse me, Commissioner, for clarification. Which item are you withdrawing? Vice Chairman Teele: I'm withdrawing Items G, relating to the profile of the engineering and construction services of City Hall, and the Little Haiti Homeownership Zone, which is -- Ms. Thompson: "H." Vice Chairman Teele: -- H. Commissioner Regalado: Right, so we're -- we have a motion on -- Commissioner Gonzalez: Second. Commissioner Sanchez: Second. Commissioner Regalado: All in favor, say "aye." The Commission (Collectively): "Aye." 316 March 27, 2003 The following motion was introduced by Vice Chairman Teele, who moved for its adoption: MOTION NO. 03-333 A MOTION TO WITHDRAW FROM TODAY'S AGENDA THE FOLLOWING ITEMS: • REQUEST OF PROFILE OF DESIGN, ENGINEERING AND CONSTRUCTION SERVICES INVOLVED IN THE RENOVATION OF CITY HALL; • FUNDING AND LEGISLATION TO EFFECTUATE THE LITTLE HAITI HOMEOWNERSHIP ZONE. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton 97. ALLOCATE ADDITIONAL $30,000 FROM SPECIAL EVENTS FUNDS TO MARDI GRAS EVENT ON APRIL 13, 2003 IN DOWNTOWN MIAMI TO ASSIST WITH MEDIA MARKETING. (See #10). Vice Chairman Teele: And finally, the Mayor's office and his chief of staff have indicated that they have no objections to $30,000 going for the project of Mardi Gras and that they will be coming in in the next meeting with budget adjustments to try to accommodate the balance of the year, including the Compas Festival, Argentina active -- Argentina and a whole series of things, and so what I'm trying to do is put everybody on notice that if there's anything between now and October that's going to be a festival, you need to get to the Mayor's office, Ms. Spence, or to the special events in the Knight Center, et cetera, because I think next week is going to be -- next Commission meeting is going to be the last train out till September 30, and that's the way I'm reading the numbers, so I would move from a special -- Commissioner Gonzalez: Mr. Chairman, in the same note of, you know, we should all congratulate Carlos McDonald on the great job that he did here, but at the same time, we would like to recognize Sarmiento company. I believe it's -- I don't know what the name -- the exact name of the company, but the people that are installing the bus benches, you know, that we've been waiting to have bus benches for donating the plasma TV (Television) to the City Hall improvement. I think it's, you know, deserving that they be recognized. Vice Chairman Teele: Good. I agree. I would so move that $30,000 from the special events -- 317 March 27, 2003 Commissioner Regalado: We have a motion and a second on the -- Commissioner Gonzalez: Thirty-five. Commissioner Regalado: -- final decision on the -- Commissioner Gonzalez: Yep. Vice Chairman Teele: What's the date of the event? Ringo Cayard: April 13. Vice Chairman Teele: And where is it going to be? Mr. Cayard: Downtown Miami, between 2nd Street to 5th Street. Commissioner Regalado: Downtown Miami. Commissioner Sanchez: Thirty thousand. Vice Chairman Teele: That's the number that was given to me from the Mayor's chief of staff. Commissioner Sanchez: On top of the 35,000? Vice Chairman Teele: On top of the 35,000 in-kind that you've already done. You did 35,000 in-kind. Commissioner Sanchez: In in-kind. Joe Arriola (City Manager): Thirty-six thousand. Vice Chairman Teele: And the recommendation that came in is $30,000. Commissioner Gonzalez: From the Mayor's office. Vice Chairman Teele: Ms. Spence, where are you? Would you state it on the record, Michelle? Michelle Spencer: Yes. Recommendation -- Vice Chairman Teele: Your name. Ms. Spence: Michelle Spence, Mayor's office, Special Events, and the recommendation was $30,000 to assist with the media marketing portion of the campaign. 318 March 27, 2003 Commissioner Regalado: OK. We have a motion and a second. Roll call, please, Madam City Clerk. Ms. Thompson: Commissioner Sanchez? Commissioner Sanchez: Yes, ma'am. Ms. Thompson: Commissioner Gonzalez? Commissioner Gonzalez: Yes, I will support it, but definitely, the Mayor should be preferring to approve some monies for a festival that I'm going to have in Allapattah on 20th Street. Commissioner Sanchez: That's -- you know, that's what (UNINTELLIGIBLE). Commissioner Gonzalez: So I hope the Mayor, you know, keeps his same type of -- Commissioner Sanchez: No. If you would yield? It's perfectly fine. I support your concept. Commissioner Gonzalez: Yeah, (UNINTELLIGIBLE). Commissioner Sanchez: I support it at Bayfront Park. I support it today, but we are setting a bad presence [sic] here. Commissioner Gonzalez: Me, too. Commissioner Sanchez: What we're going to have is that everyone who comes here and ask for $30,000 -- you're going to have the Jewish Foundation, the Cuban National Foundation, the Puerto Rican foundation, the Turks, the Iraqis; everybody's going to come here and they're ask for money, and you know what? You -- we cannot stand here and tell somebody else, "No, we can't give you that money," because we've given it to everybody else, and in the last Commissioner meeting, with all due respect, Commissioners, I said we have to create a process. We have to create a process of whatever avenue we want to take, but it's got to be a fair process because we have great organizations in our community, but then again, we have some that aren't that great, and when you have the taxpayers, "Well, you just gave them $60,000" -- and I'll stand up and support your cause, Ringo, because I believe this is a great event for our community -- Commissioner Regalado: Me, too. Me, too. Commissioner Sanchez: -- but how can I justify somebody else coming next month and saying, well, you gave them $60,000 and you (UNINTELLIGIBLE) without a project; he just showed up. He's a good-looking guy. He knows all the Commissioners. He got the money, you know. I just want to make it fair for everybody. You know, I don't -- because later on, you know, you people get to call your names and stuff around here when you disagree with people, so I don't want to end up there, so I want to be fair to everybody. Commissioner Regalado: OK. 319 March 27, 2003 Mr. Arriola: Commissioner. Commissioner Regalado: We have a motion, and by the way, the Turks and the Iraqis don't get along, so we can -- Commissioner Gonzalez: I second the motion. Commissioner Regalado: We will not be able to fund them in one city. Anyway, we have a motion and a second. All in favor, say "aye." The Commission (Collectively): "Aye." Commissioner Regalado: It passes. The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-334 A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO THE GREATER MIAMI MARDI GRAS FESTIVAL, TO BE HELD AT BISCAYNE BOULEVARD FROM SOUTHEAST 2ND TO NORTHEAST 5TH STREETS, MIAMI, FLORIDA, ON APRIL 13, 2003; AUTHORIZING A WAIVER OF FEES AND PERMITS PERMISSIBLE BY LAW FOR THE USE OF THE PUBLIC RIGHT-OF-WAY AND THE PROVISION OF IN-KIND SERVICES FROM THE DEPARTMENTS OF POLICE, FIRE -RESCUE, SOLID WASTE AND PARKS AND RECREATION, IN AN AMOUNT NOT TO EXCEED $37,000; AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $30,000, TO ASSIST WITH MEDIA MARKETING OF THE FESTIVAL; AUTHORIZING THE ALLOCATION OF FUNDS, IN A TOTAL AMOUNT NOT TO EXCEED $67,000, FROM SPECIAL EVENTS ACCOUNT CODE NO. 001000921054.289; SAID AUTHORIZATIONS CONDITIONED UPON THE ORGANIZERS: (1) OBTAINING ALL PERMITS REQUIRED BY LAW, (2) PAYING FOR ALL NECESSARY COSTS OF ALL OTHER CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH THE FESTIVAL, (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. 320 March 27, 2003 Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Commissioner Sanchez: And that's a great day. Mr. Arriola: Commissioner. Commissioner Sanchez: April 13 is a great day. Unidentified Speaker: Yep. Ringo Cayard: That's your birthday. I know. May -- excuse me. May I ask -- because - Vice Chairman Teele: Are there pocket items, ladies and gentlemen? Mr. Arriola: Yes, I have -- Commissioner Regalado: Yes, I have -- Mr. Arriola: -- a pocket item. Vice Chairman Teele: Mr. Manager. Mr. Cayard: Because of the time constraint, how early could we have the check, because usually it takes weeks and months? Vice Chairman Teele: Ringo, don't do that on the dais. Y'all go talk to him over there. Don't put him on the spot like that. Commissioner Regalado: Yeah, but he's right, you know. Mr. Chairman, I have -- Mr. Arriola: I got him here. Thank you. Commissioner Regalado: -- two brief items. Vice Chairman Teele: What you say? "Thank you. Where's the check?" 321 March 27, 2003 98. AUTHORIZE $15,000 AS COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE MATCHING FUNDS FOR 5TH ANNUAL COMMODORE PLAZA BLOCK PARTY. Commissioner Regalado: I have two brief items from the Coconut Grove Special Events and Marketing Committee. This was approved by the committee and it needs to be brought here. I have a motion that Coconut Grove Special Events and Marketing Committee respectfully request the approval of 15,000 in matching funds for the 5th Annual Coconut Grove Commodore Block Party. Now, this money is from the account of the Coconut Grove Special Events and Marketing Committee. It's not from the general fund of the City, so I respectfully request the approval of this motion that I move. Vice Chairman Teele: Is there a second? Commissioner Gonzalez: Second. Vice Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): "Aye." Vice Chairman Teele: All those opposed, say "no." The following resolution was introduced by Vice Chairman Regalado, who moved for its adoption: RESOLUTION NO. 03-335 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $15,000, AS THE COCNUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE'S MATCHING FUNDS CONTRIBUTION FOR THE 5TH ANNUAL COMMODORE PLAZA BLOCK PARTY. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton 322 March 27, 2003 Commissioner Regalado: OK. Vice Chairman Teele: The item has passed. 99. WAIVE 120 -DAY TIME REQUIREMENT FOR APPLICATION FOR SPECIAL EVENT IN COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE IN CONNECTION WITH BLOCK PARTY. Vice Chairman Teele: Second item. Commissioner Regalado: The second Item is that we need a waiver of time for an application to go in for a special event -- in the Coconut Grove Special Events and Marketing Committee. The committees said 120 days, but there is a group that is going to do a block party in Coconut Grove and they got one day, one day late with the application, so the committee voted in favor of asking the Commission to waive the 120 -day requirements for this application, so that is my motion. Vice Chairman Teele: Is there a second? Commissioner Gonzalez: Second. Vice Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): "Aye." Vice Chairman Teele: All those opposed? The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 03-336 A MOTION WAIVING THE 120 -DAY TIME REQUIREMENT FOR APPLICATION FOR SPECIAL EVENT IN COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE IN CONNECTION WITH BLOCK PARTY. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton 323 March 27, 2003 100. AUTHORIZE MANAGER TO SUBMIT APPLICATION TO FLORIDA INLAND NAVIGATION DISTRICT (FIND) FOR GRANT FOR UNDERWATER WAYS ASSISTANCE PROGRAM FOR IMPLEMENTATION OF MOORING FIELD AT DINNER KEY MARINA, $484,064 WITH MATCHING FUNDS, $538,000 ALLOCATED FROM HOMELAND DEFENSE FUND. Vice Chairman Teele: Can we hear from the Attorney -- I mean, the Manager on the FIND (Florida Inland Navigation District) grant? Commissioner Regalado: On the what? Vice Chairman Teele: I'm sorry. Christina Abrams: On behalf of the Manager, a -- Good afternoon, Christine Abrams, Director of Public Facilities. I'm recommending a resolution authorizing the City Manager to submit an application and execute the necessary documents in a form acceptable to the City Attorney to the Florida Inland Navigation District for grants for underwater ways assistance program for the implementation of a mass mooring field at Dinner Key Marina -- behind Dinner Key Marina. The City of Miami is seeking funds in the amount not to exceed $484,064; matching funds in the amount of 538,000 are allocated from the Homeland Defense Fund, so this is not requesting the funding be spent, but it's requesting Commission approval to apply for the grant and allocate matching funds. Commissioner Gonzalez: This comes from the City Manager? Ms. Abrams: This is coming on behalf of the City Manager. Commissioner Gonzalez: The Chief Executive Officer? I move to deny, so move. Vice Chairman Teele: Moved by Commissioner Gonzalez, seconded by Commissioner Regalado. Is there objection? Alejandro Vilarello (City Attorney): Commissioner. Vice Chairman Teele: Do you have an item on this? Mr. Vilarello: With regard to this, just to make sure that the resolution contains the authorization to submit on the appropriate FIND documents. The State is very particular with regard to the adoption of the resolution, and we ran into a problem last year on this so -- Vice Chairman Teele: As amended to require that it's submitted on the appropriate FIND documents. Christina, you got that? Thank you. All those in favor, say "aye." The Commission (Collectively): Aye. 324 March 27, 2003 Vice Chairman Teele: All opposed, say "no." The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-337 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION AND EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THE FLORIDA INLAND NAVIGATION DISTRICT FOR A GRANT FUNDING UNDER ITS WATERWAYS ASSISTANCE PROGRAM FOR THE IMPLEMENTATION OF A MOORING AND ANCHORAGE FIELD IN THE DINNER KEY MARINA AREA. Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton 101. EXPRESS OPPOSITION TO SENATE BILL 1164 AND HOUSE BILL 113 WHICH SET FORTH AMENDMENTS TO BERT J. HARRIS, JR. ACT AND ANY AND ALL OTHER PROPOSED AMENDMENTS THAT WOULD SUBJECT LOCAL AND STATE GOVERNMENTS TO FURTHER LIABILITY FOR CONSTITUTIONAL EXERCISE OF THEIR LEGISLATIVE AND QUASI-JUDICIAL RESPONSIBILITIES AND POWERS. Vice Chairman Teele: Mr. Attorney, would you like to read into the record, and we'll see if we can -- ? Alejandro Vilarello (City Attorney): Yes, Commissioner. There's three items that I'd like the City Commission to consider. Vice Chairman Teele: These are very important, Commissioners. Mr. Vilarello: Two are legislative changes, which direct me -- Vice Chairman Teele: Excuse me just one minute. This is -- Commissioner Gonzalez: Which one are -- ? 325 March 27, 2003 Vice Chairman Teele: Commissioner Sanchez, these are legislative matters that I just want to get your attention on them. Mr. Vilarello: The first one is with regard to the Bert J. Harris Junior Act -- Commissioner Gonzalez: Is that J-349. Mr. Vilarello: J-03-320. Commissioner Gonzalez: 320, I don't have that. I don't have a copy of that. Mr. Vilarello: The Bert J. Harris Act is a private property act -- Commissioner Gonzalez: Oh, I'm sorry. Mr. Villarello: -- which allows for compensation any time government regulations impact the value of property -- of private property. There is an amendment up in Tallahassee that essentially takes away -- we have very few of the Bert J. Harris Act cases in our city. However, the City of Miami Beach has had a series of these litigations that have gone on under the Act. We're -- exactly. This resolution would oppose the amendment, which essentially took away all of the defenses that the City of Miami Beach was successful on, and as well as removes the statutes -- removes the sovereign immunity that the City's entitled to and makes that the bill that's presently before the State is retroactive to the commencement of the Bert J. Harris Act. Commissioner Sanchez: So move. Commissioner Gonzalez: Second. Mr. Vilarello: So this would be in opposition to the amendment. Thank you. Commissioner Gonzalez: Second. Vice Chairman Teele: Move and second. This is a very important legislative matter -- Commissioner Sanchez: It's in opposition to the amendment. Vice Chairman Teele: This is in opposition to the bill, and does it require that our lobbyists be informed and -- Mr. Vilarello: Yes, sir. Vice Chairman Teele: -- instructed, et cetera? Is there objection? All in favor, say "aye." The Commission (Collectively): "Aye." 326 March 27, 2003 Vice Chairman Teele: All opposed? The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-338 A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING OPPOSITION TO SENATE BILL 1164 AND HOUSE BILL 113 WHICH SET FORTH AMENDMENTS TO THE BERT J. HARRIS, JR. ACT AND ANY AND ALL OTHER PROPOSED AMENDMENTS THAT WOULD SUBJECT LOCAL AND STATE GOVERNMENTS TO FURTHER LIABILITY FOR THE CONSTITUTIONAL EXERCISE OF THEIR LEGISLATIVE AND QUASI-JUDICIAL RESPONSIBILITIES AND POWERS; DIRECTING THE CITY CLERK TO TRANSMIT CERTIFIED COPIES OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICIALS. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton 102. URGE MIAMI-DADE LEGISLATIVE DELEGATION TO ADOPT LEGISLATION TO AMEND CHAPTER FLORIDA STATUTES, 197.3632, AMENDING DEFINITION OF NON - AD VALOREM ASSESSMENT TO ALLOW FOR COLLECTION OF MUNICIPAL TAX LIEN CERTIFICATES THROUGH TAX DEED PROCESS. Alejandro Vilarello (City Attorney): The second legislative item relates to an issue that we have in the sale of tax deeds. The County has stopped selling our -- non -- or stopped including our non -ad valorem assessments on the tax deeds that it sells on an annual basis. This request -- this resolution would request that Chapter 197 of the Florida Statues be amended to allow counties to include those non -ad volorem assessments in the tax details. It's very effective in our ability to collect these non -ad valorem special assessments. Commissioner Gonzalez: Move the resolution, Mr. Chairman. Commissioner Sanchez: Second. Vice Chairman Teele: This has significant financial impact, and I hope that Mr. Springs [sic] and the Budget people are on top of this, and this may be the one that you go to Tallahassee on, 327 March 27, 2003 sir. This is very important. If this is not done, then our fire fees and everything be -- the compliance factor is going to drop down from 96, 98 percent right down to 80 or 70 -some percent or worse, so this is a very important bill. On the motion, all those in favor, say "aye." The Commission (Collectively): "Aye." Vice Chairman Teele: All opposed, say "no." The following resolution was introduced by Commissioner Regalado, who moved for its adoption: RESOLUTION NO. 03-339 A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE MIAMI-DADE LEGISLATIVE DELEGATION AND THE CITY ENGAGED LEGISLATIVE LOBBYIST(S) DURING THE CURRENT LEGISLATIVE SESSION TO TAKE ALL STEPS NECESSARY TO PROMOTE AND ADOPT LEGISLATION TO AMEND CHAPTER 197 OF THE FLORIDA STATUTES, SPECIFICALLY 197.3632, BY AMENDING THE DEFINITION OF NON -AD VALOREM ASSESSMENT (I.E. TO ALLOW FOR THE COLLECTION OF MUNICIPAL TAX LIEN CERTIFICATES THROUGH THE TAX DEED PROCESS); 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: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton 328 March 27, 2003 103. AUTHORIZING CITY ATTORNEY TO (1) SEEK INJUNCTIVE RELIEF FOR REMOVAL AND ABATEMENT OF AN UNSAFE STRUCTURE LOCATED AT 348 N.E. 20TH TERRACE, MIAMI, FLORIDA, (2) SEEK AND INITIATE ANY AND ALL APPROPRIATE ALTERNATIVES AND APPLICABLE ADMINISTRATIVE/CIVIL ACTIONS, INCLUDING WITHOUT LIMITATION, AN ACTION BEFORE MIAMI-DADE COUNTY UNSAFE STRUCTURES BOARD, AND (3) INITIATE FORECLOSURE ACTIONS RELATED TO OUTSTANDING LIENS OF UNPAID CITY CHARGES OR AMOUNTS WHICH CONSTITUTE A LIEN AGAINST SAID PROPERTY, CODE ENFORCEMENT VIOLATIONS AND/OR COSTS AND FEES RELATED TO THESE VIOLATIONS AT A TIME PERMITTED BY APPLICABLE LAW, SUBJECT TO ACTION ON SLUM BUILDING ON 8TH STREET AND 3RD COURT IN OVERTOWN WITHIN 30 DAYS. Vice Chairman Teele: Is there a third one? Alejandro Vilarello (City Attorney): Commissioner, the third item is a request for authorization to seek injunctive relief for the removal and abatement of an unsafe structure that's located at 348 Northeast 20th Terrace; to seek all appropriate alternatives, administrative relief that we might be entitled to. This is a property that is holding up the development of the -- I believe the - - it's for purchase of the Figures property along Biscayne Boulevard, adjacent to Margaret Pace Park. Vice Chairman Teele: Well, you know what? I have a problem with this. You know, now for a developer, we're ready to do whatever we've got to do, but for the City, we've been asking you on 8th Street and 3rd Court to get the building down, the slum and blighted building, and we're in a paper chase. We're in a paper chase on all those buildings, and again, it just seems like the lobbyists and the lawyers and the developers have more clout at City Hall than government has, and I don't understand how you could be going for injunctive relief on that, but on the other issues relating to the slum and blight that we've been trying to do, we've been doing it for three years, so what's the difference? Commissioner Regalado: Can I amend the motion? Vice Chairman Teele: By all means. Commissioner Regalado: I would move that motion predicated on that you act on that specific building in Overtown; that you have concrete actions on that building in Overtown in the next 30 days, and that no action can be taken on 20th Street until the situation is clear and they're ready to proceed with the building in Overtown. That would be my motion. Vice Chairman Teele: Is there a second, as amended? Commissioner Gonzalez: Second. Vice Chairman Teele: Is there objection? Mr. Attorney -- 329 March 27, 2003 Mr. Vilarello: No, there's no objection, Commissioner. Vice Chairman Teele: -- do you have objections? I mean, the whole issue here is this: We respond to developers, we respond to lawyers, we respond to lobbyists, but we've got slum and blight coming into this place and we just keep going through the motion, but when a developer's project is held up, we can move. It just doesn't add up, so I'm glad you don't have an objection. All those in favor say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All opposed. The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 03-340 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY TO (1) SEEK INJUNCTIVE RELIEF FOR THE REMOVAL AND ABATEMENT OF AN UNSAFE STRUCTURE LOCATED AT 348 NORTHEAST 20TH TERRACE, MIAMI, FLORIDA ("PROPERTY"), (2) SEEK AND INITIATE ANY AND ALL APPROPRIATE ALTERNATIVES AND APPLICABLE ADMINISTRATIVE/CIVIL ACTIONS, INCLUDING WITHOUT LIMITATION, AN ACTION BEFORE THE MIAMI-DADE COUNTY UNSAFE STRUCTURES BOARD, AND (3) INITIATE FORECLOSURE ACTIONS RELATED TO OUTSTANDING LIENS OF UNPAID CITY CHARGES OR AMOUNTS WHICH CONSTITUTE A LIEN AGAINST THE PROPERTY, CODE ENFORCEMENT VIOLATIONS AND/OR COSTS AND FEES RELATED TO THESE VIOLATIONS AT A TIME PERMITTED BY APPLICABLE LAW; CONDITIONING SAID AUTHORIZATIONS UPON CONCRETE ACTION BEING TAKEN AT THE PROPERTY LOCATED AT 365 NORTHWEST 8TH STREET, MIAMI, FLORIDA, WITHIN THIRTY BUSINESS DAYS OF THE DATE OF THIS MEETING. 330 March 27, 2003 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton 104. DIRECT MANAGER TO KEEP COMMISSIONERS GONZALEZ AND TEELE INFORMED ABOUT UNFORTUNATE INCIDENT CONCERNING TORNADO IN MIAMI THIS AFTERNOON; FURTHER WISHING THE AFFECTED FAMILIES GOD SPEED. (See #32 & 77).) Vice Chairman Teele: Mr. Manager, I'm advised that the Internet is carrying a story that there may have been a fatality -- Joe Arriola (City Manager): Yeah. I just heard, sir. Vice Chairman Teele: -- in the hurricane -- in the tornado that touched down today -- Commissioner Sanchez: See. Vice Chairman Teele: -- and I would certainly hope that the appropriate City staff, the NET (Neighborhood Enhancement Team) office, et cetera will work and keep us informed, both Commissioner Gonzalez and myself, depending upon where this is, but -- Commissioner Sanchez: Wow. Vice Chairman Teele: -- we certainly wish the family of those that may have been affected, all of them, and particularly, the bereaved family, Godspeed. 331 March 27, 2003 105. DIRECT MANAGER TO REQUEST CHRISTINA ABRAMS TO WORK WITH REPRESENTATIVES OF HAITIAN BICENTENNIAL CELEBRATION COMMITTEE AND TO MAKE KNIGHT CENTER AND UNIVERSITY OF MIAMI CONFERENCE CENTER HUB OF EVENTS RELATED TO SAID ACTIVITY. Vice Chairman Teele: Are there any other matters to come before the Commission tonight? I know that Commissioner Winton is watching. The time is 10:12. He's -- Joe Arriola (City Manager): I don't think so. Vice Chairman Teele: -- probably willing to get up now and join us for a cup of coffee somewhere, but Johnny -- Commissioner Sanchez: I doubt a cup of coffee. Vice Chairman Teele: -- we wish you well, and I would make a request -- is Christina still here? Commissioner Sanchez: I doubt a cup of coffee. Move to adjourn. Mr. Arriola: I think he's in a different world right now. Commissioner Gonzalez: Mr. Chairman. Vice Chairman Teele: Mr. Manager, regarding the Haiti affair, we would like your permission to work with Christina Abrams to try to make our Knight Center and the University of Miami Conference Center sort of the unofficial but official hub of the intellectual things and academic things that we're doing, and we'd like to get your cooperation in getting access to that, and we'll be coming back asking for support for that activity. Mr. Arriola: OK. Vice Chairman Teele: Are there any matters to come before the Commission? Well, is there a motion regarding the Manager? Is there a motion regarding the Manager? There being no motion, the meeting is adjourned. 332 March 27, 2003 106. DIRECT MANAGER TO PREPARE APPROPRIATE PROCLAMATION IN HONOR OF ELADIO ARMESTO, WHO SERVED AS STATE REPRESENTATIVE AND MEMBER OF CITY'S ZONING BOARD, AND WHO PASSED AWAY TODAY. Commissioner Gonzalez: Mr. Chairman, before we adjourn, I would like to let my colleagues and City staff and the public looking at this City Commission that I was called and notified that State Representative Eladio Armesto passed away this afternoon, and he was also a member of the Code Enforcement Board of the City of Miami for a term of three or four years, so you know, I send my condolences to the Armesto family. Commissioner Regalado: Me, too. Vice Chairman Teele: And the City does -- and we would all like to instruct the Manager's office to work with us in getting an appropriate proclamation that we all could sign in conjunction with the Mayor. Thank you very much for bringing that to our attention. May God bless you all. 333 March 27, 2003 THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 10:16 P.M. Attest: Priscilla A. Thompson CITY CLERK MANUEL A. DIAZ MAYOR 334 March 27, 2003