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HomeMy WebLinkAboutCC 2003-04-10 MinutesMINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 10th day of April 2003, the City Commission of Miami, Florida, met at its regular meeting place City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order at 9:39 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) Joe Arriola, City Manager ALSO PRESENT: Alejandro Vilarello, City Attorney Joel Maxwell, Deputy City Attorney Priscilla A. Thompson, City Clerk Sylvia Scheider, Assistant City Clerk [Note: Due to technical difficulties with the recording system, portions of this document could not be transcribed because the recording has sections that are inaudible. The transcript so indicates when these sections occur.] April 10, 2003 1. PRESENTATIONS & PROCLAMATIONS. CONDOLENCES TO FAMILY AND FRIENDS OF DAVID BLOOM, AN AWARD WINNING JOURNALIST WHO PASSED AWAY RECENTLY. Prayer and pledge of allegiance. Vice Chairman Teele: Good morning, ladies and gentlemen and to the public. Our leader, Commissioner Winton, is with us through television, and I assume that he will perhaps be here this afternoon. As you know, he had a terrible accident on a ski slope and is very much in pain, but he has indicated, through his staff, that he would like to join the Commission meeting today, and he will be monitoring to ensure that we're all on good behavior. He's asked that items 14, 16, 21, and 25, and his blue pages items be held for this afternoon, and that will be without objection. Are there proclamations this morning that we would like to give, Commissioner Sanchez? Commissioner Sanchez: Yes, sir, Mr. Chairman. With great honor the City has a resolution for David Bloom if could all join me. Everyone who is blessed to know David Bloom realized that he was a gift to this world. There's a saying that says that God picks his most beautiful flowers for his garden and God sure picked a beautiful flower for his garden with David Bloom. Presentation was made. 2. BRIEF DISCUSSION ON CONSIDERATION TO POSTPONE APRIL 24, 2003 COMMISSION MEETING TO MAY 1, 2003. (See #19) Commissioner Sanchez: Mr. Chairman, before we go to the order of the day, if I could ask my colleagues, if we can move the April 24 meeting to May 1, or any other day following that week. It is Easter vacation, and I will be traveling on vacation with my family. Vice Chairman Teele: We have a lot of notices out, but I see no reason why we can't always accommodate a colleague. If we could do it, say, right after lunch, but it would certainly be my intent -- Commissioner Sanchez: Thank you. Vice Chairman Teele: -- to support it, unless someone -- the Law Department -- Commissioner Sanchez: Well, usually, when you go back a week is when you create a problem. If you go forward a week with a notice -- Vice Chairman Teele: Yeah, absolutely, so if everyone would check their calendars, then we would have a motion. That would mean, we would have three meetings in May and one in April. Mr. Manager, is there any problem you all have with that? Where is the Manager today? Do we have a -- 2 April 10, 2003 Victor Monzon-Aguirre (Chief of Neighborhood Services): The Manager is out of the country, Commissioner. I'm sitting here instead, but we have no problem with moving the meeting to May 1, and have three meetings in May. Vice Chairman Teele: All right. Ladies and gentlemen -- Alejandro Vilarello (City Attorney): We should be able to accommodate all the notice requirements, as long as we're moving later in the month. Vice Chairman Teele: All right. 3. SECOND READING ORDINANCE: AMEND 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. APPOINT VICTOR I. IGWE AS CITY'S INDEPENDENT AUDITOR GENERAL FOR FOUR YEAR PERIOD COMMENCING MAY 1, 2003. Vice Chairman Teele: All right. Ladies and gentlemen, we have deferred this item relating to the Independent Auditor General, I think, three times, and in fairness, Commissioner Winton has indicated he has no objection. In fairness to the citizens that are here today, if we could hear from the members of the committee. What item number is this today? Is it Item Number 2? It's Item Number 2; it was moved by Commissioner Gonzalez, second by Commissioner Regalado. This is second reading. Let's just go to a motion and a second for discussion. Move by Commissioner Sanchez -- Commissioner Sanchez: So move, Mr. Chairman. Commissioner Gonzalez: Second. Vice Chairman Teele: -- second by Commissioner Gonzalez. Discussion. This is a public hearing. Any person desiring to be heard on this item should come forth at this time. Good morning. Good morning, Joy. Joy Intriago: Thank you. Good morning. I'm Joy Intriago. I reside at 1829 Espanola Drive, here in Coconut Grove, Miami. I am the chairperson for the City of Miami Internal Audit Advisory Committee. We appeared at the Commission meeting before you on February 27; at which time, a motion was passed instructing us to hold a public hearing before the second reading of the ordinance, which we presented at that meeting. We're here today to report that we have had the public hearing, and at that meeting we recommended minor changes to the ordinance. Basically, to clarify how the Mayor and the City Manager may request audits, and also to simplify the duties and responsibilities of the Internal Auditor General, and made them simpler and more broad, and the City Attorney has reviewed our recommended changes and 3 April 10, 2003 determined that the changes are not material and consistent with the City of Miami Charter, Section 48. You have in your packet this morning the ordinance, as revised. You'll see the changes on page three and on page four, and we would recommend adoption of that ordinance. My colleagues on the committee -- there are five of us; the others, unfortunately, are doing tax returns and were not able to make it this morning, except for Mr. Berkowitz, who is here with me this morning. Vice Chairman Teele: All right. Mr. Berkowitz, did you want to be heard on this matter? Richard Berkowitz: Just that the committee was unanimous in the recommendation. Vice Chairman Teele: Your name and address for the record. Mr. Berkowitz: Richard Berkowitz, 200 South Biscayne Boulevard, Miami. The committee was unanimous in recommending this resolution. Vice Chairman Teele: Now, the changes that you all are recommending, are these changes, Mr. Attorney, have they been made, or what is the staff or manage -- Alejandro Vilarello (City Attorney): The chairperson has distributed a copy of the changes; that's what she put before you, and if you wish to consider that, you need to substitute this -- Vice Chairman Teele: Well, why don't we just go through each of those changes very quickly, and see if we -- if the maker of the motion and the seconder will adopt those changes. Ms. Intriago: OK. OK, the change on page four -- Vice Chairman Teele: Well, there's one on page three. Ms. Intriago: There's one on page three. Vice Chairman Teele: Subject to the consent of the Commission. Ms. Intriago: Exactly. That has to do with the fact that according to the Charter, the IAG (Internal Auditor General) reports to the City Commission, and therefore, we have -- any powers or any authority that the City Commission wishes to give to the Manager or the Mayor to request audits, we were advised that it was important to put in there that any of those powers that you would allow should be subject to the consent of the City Commission. Vice Chairman Teele: All right. Under number 4B -- Commissioner Gonzalez: Mr. Chairman. Vice Chairman Teele: -- it seems that -- Commissioner Gonzalez. 4 April 10, 2003 Commissioner Gonzalez: Just for the purpose of clarification, what this means is that any time that the Mayor or the City Manager wants to have an audit on any City department, that specific audit has to be approved by the City Commission, right? It's not a blanket authorization that the Manager and the City Mayor can start requesting audits right and left. Ms. Intriago: Actually, that was why I was going to start with page four because, procedurally, we're recommending that the Mayor and the City Manager be allowed to request audits in writing from the IAG; that would maintain the confidentiality of the City Manager and Mayor with the employees of the City of Miami and not bring that into a public hearing, even though the report thereof of that audit that was requested would come back to the City Commission. Mr. Vilarello: Commissioner, as originally adopted, it required the Mayor and the Manager to make a request on the agenda before the City Commission. Commissioner Gonzalez: For every audit? Mr. Vilarello: What they recommended is that they be allowed -- the Mayor and the Manager be allowed to make the request in writing, and it is subject to ultimately the consent of the City Commission. Commissioner Gonzalez: OK. Vice Chairman Teele: That's not the way I read 4B. I mean -- Commissioner Gonzalez: Exactly. Vice Chairman Teele: -- 2-530B. Commissioner Gonzalez: My question is -- I don't get it -- the request for permission to do an audit is publicly, or to red -line memos, or whatever, but my question is every time the Manager or the Mayor of the City of Miami wants to order an audit, they have to have our consent? Mr. Vilarello: This --- Commissioner Gonzalez: Because if we approve now that the Mayor and the City Manager can order audits, then we're giving them a blanket permission to start asking for audits, and we will never know about it until the audit is done and completed, and the report is presented to us. Mr. Vilarello: The powers and duties of the independent auditor require that any audit that he or she conducts is subject to the consent of the City Commission, so this inverses -- reverses the process. They make the request; then, if the City Commission wants to stop it, you would have to stop it, as opposed to the process, which you've approved on first reading, which was the request had to be in writing, on an agenda, and the City Commission would consent at that point to the audit being conducted or not. Commissioner Gonzalez: All right. Thank you. April 10, 2003 Ms. Intriago: And -- Commissioner Regalado: Mr. Chairman. Vice Chairman Teele: Let me tell you what I'm willing to do. Commissioner Regalado: Mr. Chairman. Vice Chairman Teele: Commissioner Regalado. Commissioner Regalado: Who takes precedent? If the Commission orders an audit, and if the Mayor and the Manager orders an audit, what will be the priority? Who -- you can't do three at the same time. Ms. Intriago: I'm going to answer based on what we've observed, and Mr. Berkowitz can address this, and Mr. Igwe also, but the audits that are taken on by the Internal Audit Department in any city are done based on a risk assessment, and therefore, there are many audits ongoing at any one time, and if, for whatever reason, there would be an extensive delay of any request, it would be anticipated that that would be advised back to whoever was asking for that audit at the time. There probably are many more procedural issues that have to be dealt with in terms of the actual process that we go through in implementing this. However, one of the most important things for the City to remember is that this is a professional position, and therefore, risk assessment and that process is a professional process that needs to be followed, and therefore, the IAG, whoever that might be, needs to follow that professional approach in choosing the audits that they perform; at the same time, understanding that they report to the City Commission. Commissioner Regalado: No, they don't. Commissioner Gonzalez: No, they don't. Ms. Intriago: Well, the IAG, in terms of the way it's written in the Charter. Commissioner Regalado: Yeah, but it does not reported to the City Commission, if the City Manager and the City Mayor has a blanket approval -- Commissioner Gonzalez: Right. Commissioner Regalado: -- to order audits. Vice Chairman Teele: But I don't think -- I mean, let's just get a sense. Let's don't debate something we're not going to do. I'm not going to do that. Now, are you going to do it? Commissioner Regalado: What? Vice Chairman Teele: What you just said, give a blanket authority. 6 April 10, 2003 Commissioner Regalado: No. Vice Chairman Teele: So -- I mean -- are you going to do it? So that's three, so there's no need in debating something that's not going somewhere. I think what the board is recommending is certainly worthy of consideration, and what I'm prepared to recommend to the Attorney would be, first, an amendment that provides for consent to be deemed to be given if the board does not - - if the Commission does not act at the next scheduled meeting, OK. Mr. Vilarello: Commissioner, can I make a suggestion along that same line; that the request be made in writing, and if -- with the opportunity for a Commissioner to object; at which point, it will come to the Commission? Vice Chairman Teele: I'm trying to give -- Mr. Vilarello: Facilitate it. Vice Chairman Teele: -- move in the direction that the committee's recommending, but to just undo, carte blanche, what the voters have given is not something I'm interested in doing today, and that is, they've given us the authority to approve audits, and I think what you're recommending, if you would state it again, goes a long way in giving that. Mr. Vilarello: The Mayor and the Manager would make a request to conduct an audit; it would be distributed to the Mayor and City Commission, with an -- and the audit would go forward if -- unless a Commissioner, within 10 days, objected to that. Now, at that point, the objection would simply require it to come before the City Commission at a regular meeting, at the next regular meeting, and then the City Commission could decide to allow the audit to go forward, or the City Commission could decline the request. Commissioner Gonzalez: But that is not what is being proposed now. Vice Chairman Teele: No, but that would be the amendment -- Mr. Vilarello: No. Commissioner Gonzalez: What is being proposed is that we give a blanket authority. Mr. Vilarello: I think Commissioner Teele is offering a compromise. Commissioner Gonzalez: Well, if that's a compromise, I'll -- Mr. Berkowitz: I don't think that we were proposing to give blanket authority. First of all, the Mayor and the Manager, of course, right now make requests or do audits as they wish. The purpose of this provision was to make sure that approval and consent be given by the Commission upon review, number one. Number two, there are circumstances, there was one very recently having to do with the police where confidentiality between management and the 7 April 10, 2003 employees is important with respect to internal audit, and it's important for good administration and good government for there not to be a public disclosure at the beginning of an internal audit. This is internal; it's not external, and it was intended that -- we specifically made these requests in writing, so that they would be provided back to you, so that you would have the authority to -- you would have the ability to consent to it and to stop it, if you decided that you wanted to do so. As far as the mechanics of doing that, we didn't advise you on specifically what mechanics you would like, and we -- Vice Chairman Teele: Yeah, but unfortunately, this is the ordinance in which those mechanics would have to be in place. They way it's written now, if I'm correct, Mr. Attorney, the way that Item -- Section 2-529 -- I'm sorry, 2-530B is written, what you said doesn't happen, it doesn't come back. Is that correct, Mr. Attorney? Mr. Vilarello: That's correct. A City Commissioner would have to bring the item back to the Commission for an affirmative vote to decline to conduct the audit. Vice Chairman Teele: And that's the compromise. I would like to go beyond the compromise, and add another section that gives the Manager the authority to go forward with an audit of any department, but not program, and right now, the Manager does not have that, and I would be prepared to support giving the Manager the authority for confidentiality, primarily, but giving him the unilateral authority to request an audit of a department, but not a program. Commissioner Sanchez: And I'm prepared to support that. Mr. Vilarello: That would be a department under the control of the Manager. Vice Chairman Teele: A department under the control of the Manager, or for that matter, the Manager, the Attorney, and the Clerk, respectively, to request of the departments under their responsibility, and in effect, what we're saying is the Manager does not have to come to the Commission to initiate an audit of a department, and I think that's clearly something that is worthy of considering, in that the Manager is giving up the internal management function. Now, if the Manager weren't giving up the internal management function, I would take a different view, but in that the Manager is giving up the internal management function, that function is being moved to the internal auditor, which makes a lot of sense, then the Manager should retain, in my opinion, the right to do an internal management of a department, but not a program, and I think, you know, we have evidence as to why we don't want to do that. Commissioner Sanchez. Commissioner Sanchez: Let me just shine the light on another issue of concern, and that is clustering audits. We have the (UNINTELLIGIBLE) general doing a -- the Independent Auditor General doing an audit, and then we have five or six other audits that come up. That could be a problem because, basically, he's not going to focus either the resources or the time to do a well thought-out, investigative audit of an audit, so we have to be careful so we don't have a process where we're going to be constantly throwing audits his way, where he's not going to be able to focus and do a well thought-out audit, so that's one concern that I've had on that, so there has to be a balance both on the legislative and the executive branch of power, because that's the only way it's going to work. Do you understand what I'm -- 8 April 10, 2003 Ms. Intriago: I understand, and I'm going to let Mr. Igwe respond to that because he's doing that. Commissioner Sanchez: OK. Ms. Intriago: He's in that process now. Victor Igwe: My name is Victor Igwe, the director for Internal Audit. As it relates to the use of resources, we -- what we usually do at the beginning of each fiscal year, we determine the total available man hours that we have going through a very complicated process. That gives us the total number of type of audits that we can do, and we cannot do any more than that particular total number of hours, so whether or not the Manager or the Mayor request audits, those audits will be a function of the total available number of hours, which would be the total number of days, minus Saturdays, Sunday, holidays, sick leave, and (UNINTELLIGIBLE) leave. Once we come up with those net number of hours, then we get into the great document that we used to do in the risk analysis that determines, you know, the specific total number of type of audits that we can do, so I don't think that would really affect, you know, the total number of audits that we do. Commissioner Regalado: Commissioner -- Chairman -- Mr. Chairman. Commissioner Sanchez: Wait, she's going to -- hold on. She's -- Ms. Intriago: And one other thing to point out, too, is that this is all based on the amount of resources that they have, and it would be incumbent on IAG to come back to the City Commission to request additional resources, if this situation occurred in which he was overwhelmed and couldn't attend to all of the requests and handle all of the audits that he recommends be done based on a risk analysis. Vice Chairman Teele: All right. Commissioner Regalado: Mr. Chairman. Vice Chairman Teele: Commissioner Regalado. Commissioner Regalado: Mr. Chairman, I remember that you said that, on behalf of transparency, if a Commissioner wanted an audit, it should be said in public, so I agree with that, but why the confidentiality from the Manager and the transparency from the Commission? Vice Chairman Teele: Well, that's a hard question to answer. The reason that I would support it is that the Commission doesn't have the obligation, under the Charter, to administer the departments, and there may be things that are going on that the person who's responsible would like to know about, but it's a hard question. I mean, it just seems to be me, sort of a -- maybe a glib way of saying it's sort of inherent with the job of the Manager that he should have certain authorities, and the fact that persuades me is the fact that internal management, which is a function that currently exists, that he doesn't have to come to anyone on to trigger the review of 9 April 10, 2003 a department, he should be able to retain that, so -- I mean, I continue to believe -- I mean, you raise a very good point about why do we treat ourselves the way we treat ourselves. Mr. Igwe: Commissioner, can I say something? Not every audit that we do require confidentiality. We do different type of audits. We do performance-based type of audits. We do operational type of audits. We do federal, state. The only ones that require confidentiality would be investigative type of audits where there may be allegations of probable cause that something is going on, and those ones would definitely require confidentiality. Vice Chairman Teele: But you don't have confidentiality if you're going to do it in a transparent way and announce it, and -- Mr. Igwe: Well -- Vice Chairman Teele: -- that's the issue that we're debating among our -- Mr. Igwe: And also, keep in mind that most of the audits we do it's -- we're looking at what have actually occurred in the past, so you can't really -- the individual cannot really change very much; the financial statement is already there, the numbers are already there in place, but if it's something that we're interested in doing -- determining what's going on there, the unique confidentiality, but if the numbers are already in there -- Vice Chairman Teele: But this process, sir, has no confidentiality in it. Mr. Igwe: As it relates to? Vice Chairman Teele: As it relates to anything. Everything's done on a transparent basis. Is that correct, Mr. Attorney? Mr. Vilarello: The request is done in public. However, as an internal audit is being conducted, the Florida statutes do provide -- Mr. Igwe: Right. Mr. Vilarello: -- an exemption during the period of time that the audit's being conducted for his work product. Mr. Igwe: Right. Mr. Vilarello: But -- Vice Chairman Teele: But the question that Commissioner Regalado raised, which is not being responded to, is why should we give the Manager the right to directly request an audit without coming before the Commission, and then impose upon the Mayor and ourselves this issue of transparency? I was only trying to respond by saying, given the fact that the Manager is responsible for running certain departments, there could come circumstances in which the 10 April 10, 2003 Manager would want to have an audit and maintain confidentiality, and that would be my reason for supporting giving the Manager that type of authority. Does that help you with my rationale, or is it still a little kooky to you? Commissioner Regalado: I wanted to believe you, but still, I think -- you know, let me -- the reason that the people of Miami voted for the auditor is because the people of Miami want transparency. You offer that transparency when you say -- and we all agree -- that, you know, at midnight, there shouldn't be a phone call; do this, do that; it has to be done in the open, in the sunshine, so I don't see a reason why the Manager cannot do it in the open. Like he said, you know, most of the audits -- the papers are there. I mean, they're not going to do what the Iraqi embassies are doing, burning documents in a few hours, so I do not see the reason why the secrecy from one part and the transparency on other part. It's a -- to me, it's a double standard, but I mean, you know, that's -- I don't -- I think it has to be done in public. I think the press should know what is going on. I really support what you said, that it has to be done in public and not requiring a vote, because that's the way that the question was posed to the voters, but I still say, you know -- but that -- I'm just one person. Mr. Berkowitz: Commissioner, I think we support what you're proposing, as well, as a means of working this compromise, because we thought that we were approaching transparency with the requirement that the Manager provide his request in writing to you for your consent. The difficult issue here is the Manager manages the employees in the departments of the City of Miami. You are the legislature. It is for you to oversee that Manager, so the Manager needs, under certain circumstances, to have the opportunity to ask for an investigation where he sees certain situations which need to be confidential. I think that that information also has to be provided to you in writing, and there needs to be a mechanism where that can be provided to you in writing, and also remain confidential, but other than that, we think that this provides for transparency on both sides. Commissioner Regalado: Richard. Mr. Chairman, just one question. Richard, I am not defending my authority here. I'm defending the right of the people to know, because you know, I might as well get the letter, get the memo, say I'm OK or I'm not OK, but the people have the right to know, because if the people have the right to know what we do, they also have to have the right to know what the Manager does. Doesn't matter that we are the legislative. It doesn't matter that we are -- that he is the administration, because this came from the voters, which are everybody's bosses, so to me, you know, it's either we do it or we don't. Vice Chairman Teele: All right. Let's do this, are there any other -- did the advisory committee want to make any other comments on this issue? Mr. Vilarello: Mr. Chairman. Vice Chairman Teele: Before we do, hold on. Are there any other persons that would like to be heard on this item? This is a public hearing. If not, the public hearing is closed, all right. Now, Mr. Attorney. 11 April 10, 2003 Mr. Vilarello: If I can address Mr. Berkowitz' comment. If the desire is to maintain confidentiality by making the request in writing, that request in writing would not be exempt from disclosure under the public records law. That's a public record, so any individual, for any reason, may make a request and receive a copy of all those requests made by the Manager, so that would not maintain the confidentiality that I think they're trying to address. Vice Chairman Teele: All right. We have a motion on the item that is before us. We have a second. Mr. Attorney, would you and the maker of the amendment agree on what the amendment -- on the first amendment? Commissioner Regalado: And what is the amendment? Vice Chairman Teele: Well, the amendment -- Commissioner Sanchez: Commissioner Teele made the amendment. Mr. Vilarello: As I understood it, that amended -- that request for an amendment had been withdrawn, and simply allowed the Manager, the City Clerk the right to request an audit of the departments that they supervise. I don't -- did you want to go back to your initial suggestion, Commissioner Teele? Vice Chairman Teele: No. Where I ended up on this, I think -- I thought was that the Manager, the Attorney, and the Clerk may request an audit to be performed of any department that the respectively supervised. Mr. Vilarello: That would be in writing and not require it to come before the City Commission? Vice Chairman Teele: That would be in writing and not require it to come to the City Commission, but I would like to get to Commissioner Regalado's point, and that was when an audit is done or requested, when it comes before the City Commission, does it necess -- does this ordinance necessitate a vote -- Ms. Intriago: No. Vice Chairman Teele: -- on that item? Because I think if it does -- Ms. Intriago: No. Vice Chairman Teele: -- that should be -- Ms. Intriago: No, it doesn't. Vice Chairman Teele: Hold on now. We can't get but one lawyer here. Ms. Intriago: OK. 12 April 10, 2003 Mr. Vilarello: The way it was adopted on first reading -- Commissioner Sanchez: It requires -- Mr. Vilarello: -- it requires the consent of the City Commission. I would say that's a vote of the City Commission. Vice Chairman Teele: OK, so you're ruling that it requires a vote. Madam Counsel, you're ruling that it doesn't require a vote, and Commissioner Regalado, I think, indicated that he would prefer did not require a vote; that there be a vote, only if called for. Commissioner Regalado: Yeah. Vice Chairman Teele: So, can we amend this ordinance to provide that there will be notice, and that it shall move forward, unless there is a vote to -- on the matter? In other words, anyone could -- it moves forward automatically. Mr. Vilarello: Unless there's a vote to decline to allow the audit to go forward, it'll be deemed authorized. Vice Chairman Teele: Exactly, by the mere placing it on the agenda. Commissioner Regalado: But -- Commissioner Sanchez: As it is right now, it would require a vote from the Commission. Vice Chairman Teele: Say again. Commissioner Sanchez: As it is right now, it would require a vote from the Commission, unless it's -- Vice Chairman Teele: As it is right now -- Commissioner Sanchez: Yes, sir. Vice Chairman Teele: -- according to the Attorney -- Commissioner Sanchez: Yes. Vice Chairman Teele: -- it would require the vote of the Commission. Commissioner Sanchez: Yes. Vice Chairman Teele: I think Commissioner Regalado made a very good point in the discussion, that he would prefer that the item be there, but we not have to vote on each and every one because that also can wind up becoming something that can be batted around. 13 April 10, 2003 Commissioner Sanchez: Well, Mr. Vice Chairman, this was an issue that was debated at the last time that this item was in front of this legislative body, and one of the concerns was that we didn't want to get to a point where, you know, anyone here could just call for an audit, not having, you know, facts, and not having substantial evidence that there's something wrong with department, or whatever it may be, and therefore, the concern that I continue to have is that we could cluster the process where we do more harm than good in an auditing process, so I still think that it should come in front of the Commission; we should vote on it. I mean, if it's justifiable, then, you know, the Commission will support it. If it's not, then we don't vote for it, but I don't want to cluster the process where we have one agency or one department, whatever it may be, being looked at, and then, you know, Commissioner gets up here and goes "well, you know, let's audit such and such," where I don't want to get into the good old days here where, you know, people were just pointing fingers at each other, and that's something that we need to break away from, so that's a concern that I continue to have, and the only solution that I see for it is that it goes through a vote through the Commission, where it's presented to us in front of the Commission, and then we vote on it for an audit or not. Vice Chairman Teele: OK. Currently, it requires a vote. You're the maker of the motion. For Commissioner Regalado to get where he would like to get on this, it's going to require at least three people to agree with him. That's the advantage of making the motion. Commissioner Regalado: Well, Mr. Chairman. Commissioner Sanchez: I make the motion. Commissioner Regalado: Mr. Chairman. Vice Chairman Teele: No, no, you've already made the motion. Commissioner Sanchez: Yeah. Commissioner Regalado: No. Mr. Chairman, I do not have a problem with the vote. I just think -- my issue is about everything being public. I don't care whether we vote or we don't vote. It's fine by me, voting, because I think it would give way to a debate in case we need one, so I agree with voting. My only issue is about being -- all of them, all the requests being public, all of them. Commissioner Sanchez: They will all be. One, it's done in writing -- Commissioner Regalado: No, no, no, no. Commissioner Sanchez: -- it's public. Commissioner Regalado: No, no. 14 April 10, 2003 Commissioner Sanchez: And if we vote, it goes in front of the Commission. People are going to see it on Net -9. Commissioner Regalado: Joe. Commissioner Sanchez: Probably be on the paper. Commissioner Regalado: Joe, not the way it was presented. Vice Chairman Teele: OK. Ms. Intriago: May I -- Commissioner Sanchez: Call the -- Vice Chairman Teele: Does the Manager have the authority now, under this ordinance, to request an audit of a department without it being -- coming before this Commission? Commissioner Sanchez: Yes. We just amended it. Ms. Intriago: In writing. Mr. Vilarello: The way it was prepared on first reading, no, and as far as I know, you have not amended it. Vice Chairman Teele: And I would then -- Commissioner Sanchez: Yeah. Vice Chairman Teele: -- ask that the maker of the motion -- Commissioner Sanchez: And I accepted. You already did it, and I accepted. Vice Chairman Teele: -- would move to amend it by allowing for the Manager, in writing, to be able to request an audit, in writing to the independent auditor, of a department. Is there a second? Commissioner Sanchez: Acceptor of the motion accepts it. Vice Chairman Teele: Is there -- Commissioner Sanchez: Maker of the motion accepts it. Vice Chairman Teele: -- second to that motion? Commissioner Gonzalez: Second. 15 April 10, 2003 Vice Chairman Teele: All right. Commissioner Regalado: Is it going to be public? Commissioner Sanchez: Yes. Commissioner Regalado: Oh. Vice Chairman Teele: If it's in writing -- Commissioner Sanchez: It's public. Vice Chairman Teele: If it's in writing -- Commissioner Regalado: It becomes public record. Vice Chairman Teele: -- it's a public record. Commissioner Regalado: But we don't have to vote on it. Vice Chairman Teele: But we don't have to vote on it, no. Commissioner Regalado: Sure. As long as it's public record, I don't have a problem. Vice Chairman Teele: All in favor of the amendment, 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. 03-341 A MOTION AMENDING PROPOSED SECOND READING ORDINANCE AMENDING SECTIONS 2-526 THROUGH 2-531 OF THE CITY CODE, AS AMENDED, ENTITLED "OFFICE OF INDEPENDENT AUDITOR GENERAL," TO ALLOW THE CITY MANAGER, CITY ATTORNEY AND CITY CLERK TO REQUEST IN WRITING OF THE INTERNAL AUDITOR GENERAL, AN AUDIT OF A DEPARTMENT WHICH THEY SUPERVISE. 16 April 10, 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, I would just like to get to one thing that's very important to me. I don't think audits should be what we make them to be all the time, and there're helpful audits, and there are investigative audits, investigative. For example, I've requested, I think, two audits since I've been here; one involved the land transactions around the sale of certain hotels or the City's actions. I think one was the Mary Elizabeth Hotel, and the other was the -- there was another hotel there on 3rd Avenue. In any event, I want to just clarify on the record, Mr. Igwe, that the special assignments -- that under the words "special assignments," you're authorized to execute special audits and assignments. Is it your understanding that such an assignment could be to look at certain matters that the City may be involved in, and -- what's the theater that we were at the other day, Tower Theater? Is that one of the one -- where were we at? Which theater were we in? Commissioner Sanchez: Artime. Ms.Intriago: Artime. Vice Chairman Teele: Marti Theater. Commissioner Sanchez: Artime. Mr.Igwe: Artime. Vice Chairman Teele: -- and to help them come up with better record keeping and to meet the compliance requirements. I mean, see, I think there's a lot of good we can do through the Audit's office, as opposed to -- because sometimes the departments just sort of create rules as they go along. I mean, we're seeing this more and more in the Fire Department area now. Is there a Fire representative here, Mr. Manager? Could you get somebody from the Fire Department here? Victor Monzon (Chief of Neighborhood Services, City Manager's Office): Yes, sir. Vice Chairman Teele: But, you know, we've got to stop run -away government from just making rules up as we go along, and I'm very concerned, as I have been in Building and Zoning for years here, that people make rules up as they go along, and everything becomes very, very personal. I 17 April 10, 2003 would like to know, if we were to ask you to go in and look at the Fire Department's method of determining fire standards -- I'm not asking for an audit of a department or an individual; I'm asking for how do they do things? I mean, you know -- Mr. Igwe: Right. Commissioner -- Vice Chairman Teele: -- is that something that you feel comfortable, under special assignments, you could go in and look at? Because I can tell you right now, it's out of control. After that fire in New York, you know, the club fire in New York, everybody is going back and just rewriting rules as they go along in the Fire Department, and it's not right. I mean, everybody want standards; everybody wants things to be -- to have high safety standards, but government can't change the rules every time. Mr. Igwe: Yeah, Commissioner, we -- actually, we do those type of -- we render those type of assistance as of now. We call those "management advisory services." That's where we go out and we're looking at processes, we look at internal control, and we advise as to how they can be enhanced to -- you know, to enhance the effectiveness and, you know, the efficiency of the, you know, process. To give you specific examples: About two or three weeks ago, we were involved with the implementation of time and attendance computer automated system, where we participated how that system can be used to accumulate, process, and you know, account for, you know, time and attendance, which is used for salary purposes. Another example, we recently received a request to review the job specifications for the security administrator for the IT (Information Technology) Department. I looked through it and I wrote my comments so we do those type of engagements. We do them and we will continue to do them. Vice Chairman Teele: OK. Mr. Igwe: But they have -- the departments responsible would have to make those requests. Vice Chairman Teele: All right. Mr. Igwe: And when we do those, we issue those reports directly to those departments. We don't issue those reports to the entire City, because it's not for the entire City's consumption. Vice Chairman Teele: But a record is maintained, and it's available? Mr. Igwe: Right. We have the records. We -- all the reports that we issue to -- either to the departments or citywide, we maintain records of those. Vice Chairman Teele: All right. Mr. Attorney, final two questions. Under this ordinance, does the Internal Auditor have the right, on his own motions, to audit? Mr. Vilarello: Yes, under the Charter and this ordinance. Vice Chairman Teele: On his own motion, he can go in and look at something under the Charter and under this ordinance? 18 April 10, 2003 Mr. Vilarello: Yes. Vice Chairman Teele: And secondly, does the Internal Auditor give a report to the Commission, annually or ever, under this ordinance? Mr. Vilarello: A report in response to every audit, and a report annually. Vice Chairman Teele: Say again. Mr. Vilarello: A report in response to every audit, and a report annually. Vice Chairman Teele: When is the annual report given or due? Mr. Vilarello: I don't believe we specified a date in the Charter. Vice Chairman Teele: It does say in the Charter he gives a report, doesn't it? Mr. Vilarello: Yes. Vice Chairman Teele: But it's not in the ordinance? Mr. Vilarello: It's the date. The date is what you just asked for, and that's what I'm trying to -- Vice Chairman Teele: Yeah. Mr. Vilarello: -- see if the Charter requires a particular date for the report. Commissioner Sanchez: For the annual report, which should be the end of the fiscal year. Ms. Intriago: Currently, they're given quarterly, and then an annual summary is done. Vice Chairman Teele: When? Ms. Intriago: 12-31. Vice Chairman Teele: Calendar year? Ms. Intriago: Calendar year. Mr. Vilarello: The Charter doesn't supply it. If you'd like to have that date in the ordinance -- Vice Chairman Teele: I would like to have -- Mr. Vilarello: -- ordinance. 19 April 10, 2003 Vice Chairman Teele: -- some date. I mean, it doesn't matter to me if it's at the end of the third quarter, or the first quarter, or the fourth quarter, but we ought to at least have a -- I would prefer it within 30 days from the end of the third quarter; that gives you an opportunity to look at your budget process going forward, but it doesn't matter to me if you do it at the end of the fourth quarter. The problem, anything coming up at the fourth quarter, you can only look at it a year later. The problem with fourth quarter reports is you have a -- your budget's gone, so now you've got to deal with it -- Ms. Intriago: You already -- Vice Chairman Teele: -- a year later, and it winds -- tends not to be there. The end of the first quarter would be fine. The end of the fourth -- third quarter would be fine, but certainly not at the end of the year. Joe, you have an opinion on it? Commissioner Sanchez: I think it's important to have a date. As long as we have a date set where the report comes in, I don't have a problem which day it may be. Mr. Vilarello: So would that be -- the annual report will be submitted within 30 days at the end of the third quarter? Vice Chairman Teele: That would be my preference. That way, at least, if there's something that comes up that's a budget implication, you can get -- you can deal with it. Mr.Igwe: True. Vice Chairman Teele: And that will be an opportunity for the director to discuss any overload situations, or cluster situations, or anything like that that can come up. Ms. Intriago: Exactly, and those will come up anyway. That will continue to happen. Vice Chairman Teele: Any further discussion? If not, Mr. Attorney, would you read the title? Commissioner Sanchez: As amended. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Teele: Madam Clerk, would you call the roll, please. Priscilla A. Thompson (City Clerk): Roll call. 20 April 10, 2003 An Ordinance Entitled - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ARTICLE IV, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION, DEPARTMENTS," BY REPEALING, IN ITS ENTIRETY, DIVISION 13 ENTITLED "DEPARTMENT OF INTERNAL AUDIT AND REVIEWS," CONSISTING OF SECTIONS 2-526 THROUGH 2-532, AND SUBSTITUTING IN LIEU THEREOF A NEW DIVISION 13, ENTITLED "OFFICE OF INDEPENDENT AUDITOR GENERAL," CONSISTING OF NEW CODE SECTIONS 2-526 THROUGH 2-531, TO ESTABLISH THE RESPONSIBILITIES AND OPERATING PROCEDURES OF THE IAG, TO PROVIDE FOR APPOINTMENT AND QUALIFICATIONS, DUTIES AND POWERS, STAFFING, AND SPECIAL ASSIGNMENTS RELATED TO THE IAG, GRANTING THE MAYOR AND CITY MANAGER THE AUTHORITY TO REQUEST THE IAG TO PERFORM AUDITS; PROVIDING THAT THE PROVISIONS CONTAINED IN THIS ORDINANCE SHALL BECOME OPERATIVE SIMULTANEOUSLY UPON THE APPOINTMENT OF THE INDEPENDENT AUDITOR GENERAL ("IAG"); CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE 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 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 Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12351 Ms. Thompson: The ordinance is adopted on second reading, 4/0. Vice Chairman Teele: The companion item is number 3. Commissioner Sanchez: Confirmation hearing. 21 April 10, 2003 Commissioner Gonzalez: Move number 3, Mr. Chairman. Vice Chairman Teele: All right. You want to insert a name? Commissioner Sanchez: You've got to insert a name. Vice Chairman Teele: You need to insert a name. Does the staff -- does the advisory committee have a recommendation? Mr. Berkowitz: Yes, sir, Mr. Commissioner. My name is Richard Berkowitz. The committee -- it's my pleasure to introduce to you our committee's unanimous recommendation of the first auditor -- Independent Auditor General of the City of Miami, and that would be Victor Igwe. Vice Chairman Teele: Right. Mr. Berkowitz: Mr. Igwe has a distinguished past with the City of Miami. He is the present internal auditor of the City of Miami. His education was at the University of Houston, where he got an undergraduate degree in accounting. He has a master's degree in accounting. He has a doctor of business administration from Nova Southeastern University, and he's also attended the John Kennedy School of Government at Harvard University in their program for senior executives in state and local governments. He is a certified public accountant. He is a certified internal auditor. Mr. Igwe, in addition to being an employee of the City of Miami's Office of Internal Audits for the last four years, was with the State of Florida Auditor General for 12 years prior to that, but I think what's more important -- you all have his detailed resume in your packages. It's important that what we want to tell you is why this volunteer committee of five certified public accountants, citizens of the City of Miami want to stick our political neck out and make a recommendation to you of and present employee for this very important Charter position. We believe that he is an honest and trustworthy man with a positive, ethical -bearing and a strong moral compass. He has a unique blend of education, training, and desire to excel professionally, and he has extraordinary positive experience with the City of Miami as the director of Internal Audit. In each of the four fiscal years that he has acted as the director of the Office of Internal Audit -- Vice Chairman Teele: What's that noise? Mr. Berkowitz: -- that office, under his direction, has raised additional revenue -- Commissioner Regalado: Excuse me. Richard. Mr. Berkowitz: Yes. Commissioner Regalado: There is -- Mr. Manager -- Vice Chairman Teele: What's that noise? 22 April 10, 2003 Commissioner Regalado: -- it's a noise, it's very annoying. I can't -- people here can't hear. I don't know what's -- Ms. Thompson: Mr. Commissioner, it's the vacuum cleaner upstairs. We called to ask them to turn it off. Commissioner Regalado: It's a what? Commissioner Sanchez: The vacuum cleaner. Ms. Thompson: The vacuum cleaner. Vice Chairman Teele: Let's express our appreciation to the Office of the Mayor for shutting down the vacuum cleaner. Commissioner Gonzalez: Vacuum cleaner. Vice Chairman Teele: I take that as the new symbol for something when there's going to be displeasure of an action by the Commission, we can expect to hear vacuum cleaners come on; is that the new symbol here? Please continue, Mr. Berkowitz. Mr. Berkowitz: It was a very rapid response, Mr. Commissioner. In each of the four fiscal years that Mr. Igwe has been the director of the office of internal audit, he has raised additional revenue and/or identified cost -savings for the City of Miami in excess of the entire budget for his department. He's done that in each of the four years, and in one fiscal year, it was three times the amount he raised -- revenue or achieved cost -savings of three times the amount of the revenue of his office. He's inquisitive, which makes him a good auditor. He has learned to manage people well. He respects authority and works well with subordinates and peers, and those who govern him. Our committee has consistently experienced his loyalty and his desire to improve the financial systems and financial position of the City of Miami. He's dogged. He understands the balance between time-honored institutions and the improper use of power. In his position, where his investigatory powers make him intimidating to many people in the City of Miami, he definitely wields that power, and he reminds us that his role, like all of ours, is to improve the operating environment of the City of Miami. I'm certain that there are many City employees who would prefer going to the dentist and having a tooth drilled than seeing Mr. Igwe at their door. However, we believe that this candidate for this position has exceptional experience, has a proven track record, and will distinguish the position of the first Independent Auditor General of the City of Miami, and that's why this committee of usually very reserved CPAs (Certified Public Accountants) is taking the unusual political position of unanimously endorsing this particular person to be -- Mr. Igwe to be the City of Miami's first Independent Auditor General. Thank you. Commissioner Gonzalez: Move the nomination of Mr. Victor Igwe. Commissioner Sanchez: Second. 23 April 10, 2003 Commissioner Regalado: Mr. Chairman. Vice Chairman Teele: Commissioner Regalado. Commissioner Regalado: I am also supporting the nomination of Mr. Igwe. I really trust the committee and the people on it. I just -- I think that, after we vote in the next days or two, Mr. Igwe should meet with all the members of the Commission to explain to us his vision and the way that we can function, so we don't get confused in the way. Mr. Berkowitz: May I make an additional comment? Mr. Chair, the resolution has a blank in it, and our recommendation would be that the three weeks be adequate time for the Office of Internal Audit to be wound down, and for the organization of the Office of Independent General, so that the four-year period would commence on May 1, 2003. Commissioner Sanchez: You accept that? Put it on the record. Commissioner Gonzalez: I'll accept the amendment. Commissioner Sanchez: You accept the amendment; the second also accept the amendment, or your recommendation. Commissioner Gonzalez: Of recommendation, I'm sorry. Vice Chairman Teele: All right. Without objection, those recommendations have been taken. Madam Clerk, call the roll and -- Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Commissioner Gonzalez? Commissioner Gonzalez: Yes, ma'am. Ms. Thompson: Commissioner Sanchez? Commissioner Sanchez: Yes, ma'am. Ms. Thompson: Vice Chairman Teele? Vice Chairman Teele: I want to just commend the Audit Committee. You all have really worked some hardship with the way we've not been able to take you up, and we have taken you up before we even took up the consent agenda, because I do think that it's important that our citizens, particularly those that bill by the hour and are here on a pro bono basis, recognize that the City appreciates the valuable work that you give us. I think you can't take the politics out of politics, but this appointment is probably the most apolitical -- nonpolitical appointment that I've 24 April 10, 2003 seen made. There's been no lobbying, or no pushing for the job, and it's strictly based, obviously, on qualification and merit, and I wanted to commend the board, the committee, and you, Mr. Igwe, for being honest and professional, and having support from all circles. I vote yes. The item is unanimously adopted. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-342 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING VICTOR I. IGWE AS THE INDEPENDENT AUDITOR GENERAL OF THE CITY OF MIAMI, FLORIDA, FOR A FOUR-YEAR PERIOD, COMMENCING MAY 1, 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 Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Commissioner Sanchez: Congratulations, and thank you. Vice Chairman Teele: Congratulations, and with that, Mr. Manager, we would be asking that the management take note and bring forth the appropriate budget adjustments. I know that we've already put that in motion, but I think there's some discussion about the timeline of three weeks, and let's try to figure out how to get there, please. Mr. Monzon-Aguirre: Yes, Mr. Chairman. Mr. Igwe: I just wanted to -- Vice Chairman Teele: Mr. Igwe. Mr. Igwe: -- take this opportunity to thank members of the Audit Committee for the confidence they have in me, and I've worked with them since April 19,1999, since I became the director of Internal Audit, and I will also continue to do my best not to disappoint all those that have confidence in me. Thank you. Vice Chairman Teele: Well, I could tell you this. 25 April 10, 2003 Commissioner Gonzalez: Thank you. Vice Chairman Teele: I'm going to have a pocket item today requesting you do a friendly review of management agreements relating to the Carrie Meek Center, because I want to make sure that whatever's in those management agreements, that we comply with those things, and we don't get into name-calling down the road, so that -- hadn't even gone on for six months, but I want to make sure that everything's lined up with the various departments, so I'm going to be coming back later on today asking -- this is not an audit, but a review of procedures and recommendations, because we need to do more management agreements, but it's very clear to me that the previous administrations didn't see management agreements as an inducement, an incentive to parks, and I'd really like to get you all to work with that with the new Parks director, et cetera, because I think that's the wave of the future. Thank you very much. Mr. Igwe: Thank you, sir. Vice Chairman Teele: All right. Consent agenda, please. Is there anyone wishing to take anything out of the consent agenda? Commissioner Gonzalez: I'm ready to move the consent agenda, Mr. Chairman. Mr. Vilarello: Mr. Chairman. 4. 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 #14) Vice Chairman Teele: All right. We're going to take up item number 8 -- item number 4, as soon as which do the consent agenda. Commissioner Sanchez: Well, Mr. Chairman, item number 4, could we move it to the afternoon, when Commissioner Johnny Winton's going to be here? Vice Chairman Teele: Well, on number 4, that -- somebody -- Commissioner Winton's staff gave a time certain on that of what time? At 9:15, so is there anybody here from the public on that item, on item number 4? Commissioner Sanchez: Yeah. Vice Chairman Teele: Is there anybody here from the public on item number 4? Well, you're going to be here anyway, Mr. Cox. We value your counsel and advice. 26 April 10, 2003 Charlie Cox: I have no problems with that. I just would request that you give a time certain. I do have the Union attorney here also. Commissioner Sanchez: what's available? Mr. Cox: If we could take it the first after lunch. Commissioner Sanchez: Mr. Chairman, what's -- Commissioner Gonzalez: 3. Commissioner Sanchez: 3, 4? Vice Chairman Teele: 3 o'clock? Commissioner Sanchez: Be the first item at 3 o'clock? Mr. Cox: That's fine. Vice Chairman Teele: When we break, we're not going to come back until 3 o'clock. I would imagine -- Mr. Cox: OK. Vice Chairman Teele: -- 2:30 or 3. Commissioner Gonzalez: 3 o'clock. Mr. Cox: That's fine, then that would be great if it's the first one. Vice Chairman Teele: First item coming back from lunch, 3 o'clock, over all other time certains at 3, OK? Mr. Cox: OK. 5. CONSENT AGENDA Vice Chairman Teele: All right. Consent agenda, was there any item that anyone wished to take out? Mr. Manager, are you all withdrawing anything? Victor Monzon (Chief of Neighborhood Services, City Manager's Office): No, Mr. Chairman. I just want to make a change on item CA -6, the account number in the item isn't correct, and I wish for the record to announce that it's not the account number there. It's rather 327006, for the record. Commissioner Sanchez: All right, correction on the account number stated on the record. 27 April 10, 2003 Vice Chairman Teele: All right. It's corrected without objection. Item -- any other items? Commissioner Sanchez: No. Vice Chairman Teele: All right. Is there a motion? Commissioner Gonzalez: I just have a question on CA -8. This talks about an extra $475,000 on attorney's fees to defend the billboard issue. We are -- what we're doing here is approving an extra half a million dollars? Alejandro Vilarello (City Attorney): No, sir. Commissioner Sanchez: No. Mr. Vilarello: The request is simply to get us through the current status of the litigation. However, I did want to advise the City Commission that should this matter continue on to litigation through trial, it could -- Commissioner Gonzalez: Then it will cost an additional 500? Mr. Vilarello: -- have fees -- exactly. Commissioner Gonzalez: OK. All right. Mr. Vilarello: We're actively trying to resolve the issues in this litigation. Commissioner Gonzalez: OK, I'm all right with that. Vice Chairman Teele: All right. On items -- all the CA (consent agenda) items, did we have a motion? Commissioner Gonzalez: Move the consent agenda. 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: All opposed? 28 April 10, 2003 Note for the Record: CODE SEC. 2-33 (J) STIPULATES THAT CONSENT AGENDA ITEMS THAT ARE REMOVED FROM THE AGENDA PRIOR TO CITY COMMISSION CONSIDERATION SHALL AUTOMATICALLY BE SCHEDULED AS A REGULAR AGENDA ITEM AT THE NEXT REGULARLY SCHEDULED MEETING OF THE CITY COMMISSION. THEREUPON MOTION DULY MADE BY COMMISSIONER GONZALEZ AND SECONDED BY COMMISSIONER SANCHEZ, THE CONSENT AGENDA ITEMS WERE PASSED 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 5.1 APPROVE PROCUREMENT OF PAPER, FROM UNISOURCE WORLDWIDE AND XPEDX AWARDED UNDER EXISTING MIAMI-DADE COUNTY CONTRACT NO. 6824-0/07, FOR VARIOUS USER DEPARTMENTS AND AGENCIES; ALLOCATE FUNDS FROM BUDGETS OF VARIOUS USER DEPARTMENTS AND AGENCIES. RESOLUTION NO. 03-343 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE PROCUREMENT OF PAPER, FROM UNISOURCE WORLDWIDE (NON- MINORITY/NON-LOCAL VENDOR, 3501 COMMERCE PARKWAY, MIRAMAR, FLORIDA) AND XPEDX AWARDED UNDER EXISTING MIAMI-DADE COUNTY CONTRACT NO. 6824-0/07, ON AN AS NEEDED CONTRACT BASIS, EFFECTIVE UNTIL DECEMBER 31, 2007, SUBJECT TO FURTHER EXTENSION BY MIAMI-DADE COUNTY, FOR VARIOUS USER DEPARTMENTS AND AGENCIES; ALLOCATING FUNDS FROM THE BUDGETS OF THE VARIOUS USER DEPARTMENTS AND AGENCIES 29 April 10, 2003 5.2 AUTHORIZE APPROVAL OF PROCUREMENT AND PROVISION OF AIR TIME ACCESS AND PORT CHARGES FOR VEHICLE LOCATION SYSTEM FROM ITURAN FLORIDA CORPILIFETRAK, FOR DEPARTMENT OF SOLID WASTE, UTILIZING EXISTING STATE OF FLORIDA NEGOTIATED AGREEMENT PRICE SCHEDULE NO. 7302387-2, $40,000. RESOLUTION NO. 03-344 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE APPROVAL OF THE PROCUREMENT AND PROVISION OF AIR TIME ACCESS AND PORT CHARGES FOR A VEHICLE LOCATION SYSTEM FROM ITURAN FLORIDA CORPILIFETRAK FOR THE DEPARTMENT OF SOLID WASTE, UTILIZING AN EXISTING STATE OF FLORIDA NEGOTIATED AGREEMENT PRICE SCHEDULE NO. 7302387-2, EFFECTIVE THROUGH JULY 2, 2003, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA, 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 $40,000; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 422001.320302.6.340. 5.3 ACCEPT PRESERVATION DEVELOPMENT INITIATIVE GRANT FROM NATIONAL TRUST FOR HISTORIC PRESERVATION TO ASSIST CITY IN USING HISTORIC PRESERVATION AS PART OF ITS ECONOMIC AND COMMUNITY DEVELOPMENT STRATEGIES; ALLOCATE MATCHING FUNDS, $57,500 FROM HISTORIC PRESERVATION INITIATIVE OF HOMELAND DEFENSE NEIGHBORHOOD IMPROVEMENT BOND FUNDS. RESOLUTION NO. 03-345 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A PRESERVATION DEVELOPMENT INITIATIVE GRANT FROM THE NATIONAL TRUST FOR HISTORIC PRESERVATION TO ASSIST THE CITY OF MIAMI IN USING HISTORIC PRESERVATION AS PART OF ITS ECONOMIC AND COMMUNITY DEVELOPMENT STRATEGIES; ALLOCATING MATCHING FUNDS IN THE AMOUNT OF $57,500 FROM THE HISTORIC PRESERVATION INITIATIVE OF HOMELAND DEFENSE NEIGHBORHOOD IMPROVEMENT BOND FUNDS, CAPITAL IMPROVEMENT PROJECT NO. 311010; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT ACCEPTANCE OF SAID GRANT. 30 April 10, 2003 5.4 AUTHORIZE MANAGER TO EXECUTE REVOCABLE LICENSE AGREEMENT WITH CENTER FOR HAITIAN STUDIES, INC., LICENSEE, FOR USE OF 7,986 SQUARE FEET OF CITY -OWNED PARKING LOT LOCATED AT 185 NORTHEAST 82ND TERRACE. RESOLUTION NO. 03-346 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE CENTER FOR HAITIAN STUDIES, INC., LICENSEE, FOR USE OF APPROXIMATELY 7,986 SQUARE FEET OF THE CITY - OWNED PARKING LOT LOCATED AT 185 NORTHEAST 82ND TERRACE, MIAMI, FLORIDA, ON A MONTH-TO-MONTH BASIS, WITH A MONTHLY FEE OF $250, PLUS A FIVE PERCENT (5%) INCREASE EVERY TWELVE MONTHS FROM THE EFFECTIVE DATE OF THE AGREEMENT, AND ALL OTHER TERMS AND CONDITIONS AS SET FORTH IN THE AGREEMENT. 5.5 AUTHORIZE CONTINUED ENGAGEMENT OF LAW FIRM OF HOGAN & HARTSON, L.L.P. FOR LEGAL SERVICES PROVIDED TO CITY IN CONNECTION WITH ILLEGALLY PLACED BILLBOARDS AND CASE OF NATIONAL ADVERTISING CO. VS. CITY $125,539, PLUS COSTS AS APPROVED BY CITY ATTORNEY; ALLOCATE FUNDS FROM SELF-INSURANCE AND INSURANCE TRUST FUND. RESOLUTION NO. 03-347 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONTINUED ENGAGEMENT OF THE LAW FIRM OF HOGAN & HARTSON, L.L.P. FOR LEGAL SERVICES PROVIDED TO THE CITY OF MIAMI IN CONNECTION WITH ILLEGALLY PLACED BILLBOARDS AND THE CASE OF NATIONAL ADVERTISING CO. VS. CITY OF MIAMI, IN THE UNITED STATES DISTRICT COURT, CASE NO. 01-3039 CIV -KING, IN AN AMOUNT NOT TO EXCEED $125,539, PLUS COSTS AS APPROVED BY THE CITY ATTORNEY; ALLOCATING FUNDS FROM THE SELF- INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 515001.624401.6.661, FOR SAID SERVICES. 31 April 10, 2003 5.6 AUTHORIZE DIRECTOR OF FINANCE TO PAY ROSETTA CORNER, $150,000 IN COMPLETE SETTLEMENT OF ALL CLAIMS AGAINST CITY IN CASE OF ROSETTA CORNER, ETC., ET AL. V. CITY, ET AL.; ALLOCATE FUNDS FROM SELF-INSURANCE AND INSURANCE TRUST FUND RESOLUTION NO. 03-348 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ROSETTA CORNER, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $150,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI IN THE CASE OF ROSETTA CORNER, ETC., ET AL. V. CITY OF MIAMI, ET AL., CIRCUIT COURT CASE NO. 97- 16395 CA (09), UPON THE EXECUTION OF A GENERAL RELEASE RELEASING THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.652. 5.7 ACCEPT REPORT FROM CIVIL SERVICE BOARD. MOTION NO. 03-349 A MOTION OF THE MIAMI CITY COMMISSION ACCEPTING A REPORT FROM THE CIVIL SERVICE BOARD. 32 April 10, 2003 5.8 AUTHORIZE DIRECTOR OF FINANCE TO PAY ACCESS NOW, INC. AND CHRIST TAVANTZIS ATTORNEYS FEES AND COSTS, $150,000, AND DIRECT MANAGER TO MAKE REPAIRS AND MODIFICATIONS TO STREETS AND SIDEWALKS WITHIN MAINTENANCE JURISDICTION OF CITY TO COMPLY WITH REQUIREMENTS OF AMERICANS WITH DISABILITIES ACT, $4,500,000, IN COMPLETE SETTLEMENT OF ALL CLAIMS AGAINST CITY FOR CASE OF ACCESS NOW, INC., ET AL VS. CITY, ET AL; ALLOCATE FUNDS FOR FROM SELF-INSURANCE AND INSURANCE TRUST FUND. RESOLUTION NO. 03-350 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ACCESS NOW, INC. AND CHRIST TAVANTZIS ATTORNEYS FEES AND COSTS OF $150,000, AND DIRECTING THE CITY MANAGER TO MAKE REPAIRS AND MODIFICATIONS TO THE STREETS AND SIDEWALKS WITHIN THE MAINTENANCE JURISDICTION OF THE CITY OF MIAMI TO COMPLY WITH THE REQUIREMENTS OF THE AMERICANS WITH DISABILITIES ACT IN THE AMOUNT OF $4,500,000 OVER THE NEXT EIGHT YEARS, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, FOR THE CASE OF ACCESS NOW, INC., ET AL VS. CITY OF MIAMI, ET AL, IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, MIAMI DIVISION, CASE NO. 02-21413-CIV-MORENO, UPON DISMISSING THAT CLAIM SUBJECT TO A SETTLEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM; ALLOCATING FUNDS FOR THE PAYMENT OF $150,000 OF ATTORNEYS FEES AND COSTS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515 001.624401.6.6 51. Vice Chairman Teele: Mr. Attorney, I would hope that any settlement on the billboard would include our legal fees. I would hope that. I'm -- Mr. Vilarello: Yes. Vice Chairman Teele: -- not going get into a -- but I would hope that you'd keep that in mind. Mr. Vilarello: Yes, sir. Commissioner Gonzalez: Mr. Chairman. Vice Chairman Teele: All right. Commissioner Gonzalez. We did have -- Commissioner Gonzalez: Without -- 33 April 10, 2003 Vice Chairman Teele: Madam Clerk, read into the record the other time certains that we had, please. Priscilla A. Thompson (City Clerk): According to our agenda today, we had time certains; number 4 was 9:15, and the others at 3 p.m.: Item number 9, 10, 11, 12. Commissioner Sanchez: Those are CDBG (Community Development Block Grant). Vice Chairman Teele: Now -- Commissioner Sanchez: Those are -- Ms. Thompson: That's correct. Vice Chairman Teele: I thought we had item number 8 at 10 p.m. It shows up on the agenda. Ms. Thompson: I'm sorry, you're correct. I missed that one. 6. DIRECT ADMINISTRATION TO PREPARE LEGISLATION THAT STATES WHAT CITY IS LOBBYING FOR CONCERNING PROBLEMS WITH LANDING AND TAKE -OFF PATTERNS AND NOISE -ABATEMENT AROUND RESIDENTIAL AREAS SURROUNDING MIAMI INTERNATIONAL AIRPORT, AND EXPRESS SENSE OF WHAT COMMISSION WANTS MIAMI-DADE COUNTY OR FEDERAL AVIATION (FAA) TO DO. Vice Chairman Teele: All right. Item number 8 at 10 p.m. [sic]; the time is now 10:40; it's called up. I want to apologize to anyone from the public that has been inconvenienced. Frank Rollason (City Manager's Office): Good morning, Mr. Chairman and members of the Commission. I'm Frank Rollason, and I serve in this capacity as the representative for the Administration on the airport's Noise Abatement Task Force. With us today is Mr. Ramon Nugent, who is with Acentech, a consultant that we hire -- that the City Administration hired to assist us with our efforts in going forward with abating a noise coming from the planes at the airport. The last time I appeared before you in January, I reported on the status of the environmental assessment, the EA (Environmental Assessment); it is going forward. At that point, I reported to you that there was a unanimous vote by the Task Force to support it. Today, I wish to report to you that there has been an individual that has withdrawn his support from the westernmost edge of the County dealing with the Doral area, and after their reviewing it further, they feel that they can no longer support it; that they feel that they were taking an undo hit from the westerly mode that we have moved to, the evening flights and some of the day flights. He appeared before several recent Task Force meetings and tried to garner support from the rest of the Board, and the issues that he brought forth didn't receive a second, and they have now, which I want to make you aware of, have stated they will lobby furiously on their behalf in Atlanta with the FAA (Federal Aviation Administration) to try to derail this. The Commission has gone on board supporting the EA; has passed a resolution to that effect, but I just wanted to make you aware that it's not all going forward a hundred percent. At this point, I'd like to bring Mr. Ray 34 April 10, 2003 Nugent forward, and he'll give you a brief update on both the EA and the Part 150 Noise Abatement that you had asked for some pros and cons on. Ray. Ramon Nugent: Good morning. I'm Ray Nugent with Acentech, Incorporated, and I'm here to give you a brief overview, and I'm going to be referring to this document, which you have in front of you today, and hopefully, you all have them numbered, and I will be skipping some of the pages because Frank has already covered that, and you've already heard the status of the E A; I might just summarize that, if I may. Going to page 2, which is the presentation agenda, I want to go briefly over the background, operational noise mitigation EA that you've already have been brought up-to-date with, but just go over it very briefly; the status -- discuss a little bit about land use compatibility, which the County is pushing upon the City, and conclude comments concerning the part 150 noise abatement, and end with my recommendations as we go forward. Going to page 3, I reviewed the EIS (Environmental Impact Statement), which was developed during the mid -'90s, and received approval from the FAA in 1998. The EIS is an environmental impact statement having to do with the expansion of the airport. During that process, the Noise Abatement Task Force was created approximately in 1997, I believe. I think your handouts have a wrong date. I think it's 1997. In September of 2000, the airport submitted a draft EA after working with the Noise Abatement Task Force for approximately three years. That Draft Environmental Assessment on noise abatement procedures for the airport sort of sat in limbo between the FAA and the airport. When I came on board in August of 2000, I reviewed the EIS, I reviewed the draft EA at that time, and since that time have reviewed the County Land Use ordinance, and also attended the noise abatement task force meetings. As Frank indicated, in January 2003, the airport submitted the final EA. Its current status is that the FAA has come back with comments, and the airport has responded to those comments, saying that they do not want to revise the EA, but that their letter of response should be attached, and I have, at this state, have not heard what the FAA response is. Let's skip page 4, which are the operational mitigation, and just go to page five, which sort of summarizes what is achieved in this mitigation EA. Essentially, one and a half percent reduction of the residents inside the day/night noise level contour 65, and that is the contour used by the FAA to assess impacts and to qualify areas for further mitigation. They had also achieved 13 percent reduction of residents inside the 70 DB&L, and that would be areas that are even more impacted. It reduced three percent reduction in minority residents inside the 65; 2.6 percent reduction in residential acres, and 1.1 percent reduction in number of households. However, at the end of the day, there are still 20,000 households that are inside the 65 contour, but to go to page 6, which I think is sort of enlightening, and that shows what will happen by the year 2010. It compares the noise contours for 2010, if nothing is done on the left, and the noise contours as a result of the noise mitigation procedures recommended in the environmental assessment. Takes a while to see any real change there, but there are very small changes; some of them might look like -- in some areas, it might look a little worse and some areas a little better. The green line is a 65 contour, the blue line is the 70, and the black line is the 75 DB (phonetic) contour. Let's move ahead and -- to page 7; I've already mainly addressed most of that, but the key thing is that after about six -- it'll take six months, once the FAA and airport have come to an agreement and the FAA has approved the EA. It'll take six months for the airport to implement the procedures, so that means the procedures probably will not be implemented before the end of this year, at the rate they're going; maybe by Christmas. Proceeding on to page 8 of the handout, where I'd like to discuss a little bit about the land use compatibility. In 1992, the State of Florida established Chapter 333 35 April 10, 2003 of Florida Statutes, Airport Zoning, to require local governments to develop land use control majors around airports. Miami -Dade County is, at this time, implementing that state directive in article 37, and it applies to not only the unincorporated areas around the airport, but also the incorporated areas around the airport, and it establishes another -- a number of noise zones and land use zones around the airport. Some of it is for safety. For instance, it establishes height limitation zones out to 50,000 feet, approximately, from the ends of the runway. On page 9, I'm going to, it also establishes noise zones and no school zone, and the no school zone extends five miles from the airport runways, and has a width of approximately half the length of the runway, is the way its written, and that's no new school. It doesn't talk about existing schools. It's no new schools. The same thing applies to the two noise zones, which is County is proposing. They're proposing and interdistrict, which is inside the 75 contour, and they're new residential construction would be prohibited, as well as new educational facilities, and it also establishes an outer noise zone, the outer district, which is the banned between the 75 D&L contour and the outer 65 D&L contour, and there it requires that new residential and education facilities must incorporate a 25 DB reduction. In other words, it must incorporate some manner of noise control into the structure of the building. Now, If we go to page ten, I think this is rather enlightening, in that it sort of paints the noise zones for you. The red boxes are the no school zones, where it prohibit -- where new construction on schools is prohibited, and you can see that covers a considerable amount of the City of Miami. The other two districts, the inner district would be the 75 DE&L contour, and that would be the black line, the black contour on your colored graphics there, and as you can see, there are -- most of that area is either owned by the airport or is commercial or industrial facilities, so for the most part, doesn't impact much of the land. There is a small point where the 75 contour extends into a residential area, but that -- I believe that area is already developed. Commissioner Gonzalez: That is going to be the meek, so -- that is going to be the new meek. Mr. Nugent: OK. Commissioner Gonzalez: So, you know, whatever was residential there is being wiped out -- Mr. Nugent: OK. Commissioner Gonzalez: -- by the County. Mr. Nugent: All right. So, anyway, everything in between the black line and the outer green line would require further noise reduction in any new construction. These land use controls only apply to new construction. They do not say anything about the existing 20,000 residences, and do nothing to reduce the noise and impacts for those people. That brings us to the next page, page 11, which is what we -- what the FAA refers to as our Part 150 land use compatibility, and let me explain a little bit what that is. That's an FAA -funded program, and its process is to develop noise mitigation and abatement procedures to help mitigate existing residences in impacted areas, including schools. The study is funded by the FAA, as I mentioned, and it has the various attributes of taking a look at noise abatement procedures; how planes take off and land from the airport, and come up with recommendations to further knock down the noise, as much as the environmental assessment has done. It can go further and look at further mitigation 36 April 10, 2003 procedures. In addition to that, airport and the FAA recognizes that no matter how you fly those airplanes, there are still going to be areas that are going to continue to be impacted by the noise, unless you shut the airport down. I mean, those are -- that's the reality of the situation, so given that reality, they also look at constructing noise barriers, and I know along the north side of the airport, there are communities that are crying for noise barriers to be constructed. It also will pay for the sound insulation in schools, and currently, the airport has said that they will insulate six schools, but have never gotten around to funding that. Commissioner Regalado: Excuse me, Mr. Nugent. Mr. Nugent: I'm sorry. Commissioner Regalado: I'm sorry. I had to miss part. My only question would be -- I don't know if you did address that already -- how about the landing and the taking off of the plane, the pattern; why are so many to the east and so few to the west? Is any way that we can balance that and who should we -- Mr. Nugent: Sure. Commissioner Regalado: -- lobby? Mr. Nugent: OK. The EA has addressed much of that, those procedures that they're going to implement, and it has addressed many of those take -off patterns. A lot of it is, airplanes have to, for the most part, have to take off into the wind, and they have to land into the wind, and a lot of the percent of time that the airplanes take off in one direction or the other is not because the airport's trying to be mean to anybody or anything like that; it's -- that's the way the wind is blowing. One of the procedures in the environmental assessment allows for planes to land in a westerly direction at night, as opposed to taking off to the east, and what that does is reduce the take -off -- the number of planes that take off or, I should say, the percent of time the planes take off to the east at night, and that particular procedure that's recommended in the EA is the most -- is responsible for the most reduction of impacts in the City of Miami. Commissioner Regalado: To me, that's the most simple thing to do. Mr. Nugent: Yeah, and they've already done that, really. I mean, that's been assessed. There are other more complicated thing -- Commissioner Regalado: No, but they don't have implemented because -- Mr. Nugent: They have not implemented it, that is correct. Commissioner Regalado: Because at 2 a.m., 3 a.m., 4 a.m., we have all these cargo planes coming in or out; who knows, but it looks like they are, you know, like landing on my roof. Mr. Nugent: Yes. They have -- as I mentioned early -- you may not have been here, I'm sorry. The EA that is implementing the procedures that you're requesting is currently under review by 37 April 10, 2003 the Federal Aviation Administration. They have provided four comments back to the airport. The airport has responded to those four comments. One of the recommendations was for the airport to rewrite the EA to incorporate those comments. The airport has refused, saying just attach our letter to the back of the EA. I don't know what the FAA's response to that. That happened, I think, March 28, or something like that, OK, and once the FAA has approved that EA document, it will take six months, according to their report, to implement, so you're going to have to wait until about Christmas for that all to, hopefully, help. Commissioner Regalado: That will be the best Christmas (UNINTELLIGIBLE) Mr. Nugent: But keep in mind that that will not be a hundred percent of the time. It will be due to the winds. If the winds are blowing in that particular direction, then those planes are still going to be taking off in that direction, OK. Commissioner Regalado: But we will have some relief. Mr. Nugent: There will be some relief, yes. Commissioner Regalado: That's all we ask. Mr. Nugent: Yeah, and that's -- Vice Chairman Teele: All right. Mr. Nugent: Did somebody say something? Vice Chairman Teele: Yes, I said "all right." Mr. Nugent: Oh, I'm sorry. Vice Chairman Teele: If we're going to have relief, that's good news. Mr. Nugent: OK. Vice Chairman Teele: How much longer? Mr. Nugent: As -- Vice Chairman Teele: No. I'm saying, how much longer for your presentation? Mr. Nugent: I've got one concluding slide that we're going to go to, OK. Let's go to slide number 14, which addresses the pros and cons of the part 150, which, I understand, a number of the Commissioners were concerned about. The pros are on the left hand side of that slide, on slide 4-- number page 14, and the cons are -- or the negatives are on the right hand side. I'll just go over real briefly. They're all listed there. The part 150 is federally funded. It will address all housing inside the 65 contour, which amounts to approximately 20,OOOunits, most of those in the 38 April 10, 2003 City of Miami. It will evaluate other mitigation procedures, how planes can take off and land that will reduce noise impacts. It -- at a rate of -- and it will also provide sound insulation for existing residential structures and schools, and typically, that would -- in most sound insulation programs, we get a rate from between 30 and 1,000 units per year. The City could manage that, if they wanted to, or it could leave it to the airport to manage. It would improve housing and reduce interior noise. The negative part is the airport has to fork over ten percent of the funding. The housing cannot be substandard. It could take two years to get approval from the FAA because it is FAA funding, and at a rate of a thousand houses per year, it could take 20 years, and it also would depend on funding from the FAA, so that's the down side, and it could take more. My recommendations, essentially, in order for the future, in order to help alleviate some of the noise impacts to existing residences is that the City should lobby the airport to proceed with a part 150 study; it should lobby the airport to provide funding that they have already -- well -- these are my recommendations. Commissioner Regalado: Oh, come on. Mr. Nugent: Well, the airport has committed to insulate six of your schools, and they did that in the EIS. So far, they have not provided any funding. They should be taking -- you know, somebody has to take under -- I know they're sort of like the 6,000 pound gorilla sitting over there, but you know, they're impacting your residences, your citizens, and the FAA -- if lobbied correctly, the FAA will also put pressure on them to do so, and I also strongly encourage that you support your member to the Noise Abatement Task Force because that helps you keep abreast of what's happening and what the airport is doing or not doing to alleviate noise, and I thank you for your time. Commissioner Regalado: Thank you, so what -- Mr. Nugent, your recommendation would be to go for the short term solution, which will be to sort of lobby the FAA in terms of the landing and taking off patterns to the west, unless there is a wind problem? That would be the easier way. Mr. Nugent: That is already in the motion. I mean, that's -- all that is -- Commissioner Regalado: But how can we help, because they may reject it. Mr. Nugent: They may. Everything I've seen so far says that they're going to approve it, as long as the airport addresses some of the comments in the EA. We do have sort of a red herring with this community to the west. Commissioner Regalado: Then we have to go through the County Commissioners for them to have some kind of pressure -- Mr. Nugent: That's right. Commissioner Regalado: -- on -- Mr. Nugent: That's right. 39 April 10, 2003 Commissioner Regalado: That would be the only way. Mr. Nugent: That's correct. That would be -- and that's -- that would be my recommendation, is -- you know, they have made certain commitments, and they, quite honestly, I feel have been stalling for the last three years, because that EA has sat there for two years. Commissioner Regalado: We have five County Commissioners within the City limits, and you know, five is not the majority, but I mean, five is five. If we all like get in touch with them, I think that they can push for this kind of action. I mean, we're just balancing the noise, that's all we're doing. We're just trying to be fair with everybody here. Vice Chairman Teele: May I recommend two things, Commissioner Regalado? First, I think the staff that is working with you should prepare a resolution. Before we start talking about lobby, we need to make sure we have a resolution that we all agree on that says what it is we're lobbying for. Mr. Nugent: OK. Vice Chairman Teele: And I think a resolution expressing the sense of this Commission and outlining what it is we want the County to do, or the FAA to do, or whatever is most appropriate. Secondly, I think we should look to the FAA to ensure that the County treats us right. Now, that's sort of the reverse of how things should work, but given the problems of the Miami International Airport, and given the fact that we're pretty low on the feeding chain when it comes to the problems that they're confronted with right now, I think we need to prepare a legislative packet that would be attached to the FAA authorization that says we are insisting or demanding that the FAA do the following things, because I think, at the end of the day, if we're requiring on Dade County Aviation Department, with all due respect to Ms. Gittens, to look out for our interest, we're probably going to come up short, but I think the FAA has a federal mandate to do that, and so I think we need to look at doing this thing on two tracks. we ought to look at trying to assert something in the federal aviation authorization bill, which is -- in fact, they've got hearings going on on that right now, and instruct our Washington lobbyists to try to put something in there that pays for the study that you're talking about, and et cetera, and the government's not going to have any problem doing a study, in my opinion. Would you respond to those two points? Mr. Nugent: Yes. The government pays for the study, and they have said that -- Vice Chairman Teele: They being the FAA? Mr. Nugent: The FAA has said that it is up to the airport to initiate it. Vice Chairman Teele: Yeah, that's generally the case. Mr. Nugent: Yeah. Vice Chairman Teele: But if Congress directs them to do it, they're going to do it. 40 April 10, 2003 Mr. Nugent: Yeah. Vice Chairman Teele: And what I'm suggesting to my colleague, Commissioner Regalado, we'd be much better off speaking to our lobbyist and having John Mica from Orlando, who's the Chairman of the Aviation Subcommittee in the House, and my colleague and good friend Corine Brown, who's the ranking minority member on -- in the House to insert that language in their authorization bill, which -- or even their appropriations bill, which won't be a problem. Mr. Nugent: There's one other situation that just occurred the end of last month, which is still sort of in limbo, but the Department of Transportation has authorized the FAA to provide funding directly to cities that are impacted by noise, as opposed to going through the airport. Vice Chairman Teele: Say that again. Mr. Nugent: The Department of Transportation has authorized the FAA to provide funding directly to impacted communities around airports, bypassing the airport, and that happened at the end of March. Now, that's about all I know at this time. They are trying to come up with the rules of engagement, if you will; what they have to do, and what the City has to do, but that is another window of opportunity that the City should keep in the back of their mind here and maybe even to the forefront here because that could be a very important process. If you decide that you like the idea of insulating the houses in your community, because that's what the funding would be for; would be to insulate houses and bring them -- provide the noise reduction that they so deserve. Commissioner Regalado: Yeah, but that goes with a price, too. I'm here. That goes with a price, so -- Vice Chairman Teele: But the FAA is going to pay for that. Mr. Nugent: The FAA will pay for that. Commissioner Regalado: But how about the zoning changes and all that, that is a different issue? Mr. Nugent: I'm sorry, I missed that. Commissioner Regalado: The zoning changes and all the issues that are part of the 150. That would be part of the 150. Mr. Nugent: No, this would not be a part 150. Commissioner Regalado: No? OK. 41 April 10, 2003 Mr. Nugent: This would be a grant of some type, and you know, like I say, that's all I know at this point in time. I do not know what the various -- how the regulation will materialize in the end. Commissioner Regalado: Because the money for insulation is tied to all these zoning changes. Vice Chairman Teele: All right. Mr. Nugent: OK. Vice Chairman Teele: Is there anything further? Mr. Nugent: Yeah. The part 150 is tied through that. We do not know how the money is tied as far as this new bill, and like I say, we'll find out. Commissioner Regalado: OK. Vice Chairman Teele: Is there anything further? All right. Commissioner Gonzalez: Mr. Chairman. Mr. Nugent: Thank you. Vice Chairman Teele: Mr. Rollason, did you have anything you wanted to add? Mr. Rollason: No, sir. We're plugging along at it, and trying to support those issues that will give relief to the City, and try to have a fair hand, Countywide, and it's difficult with that airport sitting right in the middle of where it is and all the development going west, but we're trying to balance it out to where we get some relief, at least on the City side where we can. Commissioner Gonzalez: Mr. Chairman. Vice Chairman Teele: Hold on just for a minute. Yes, sir, Commissioner Gonzalez. Yes, sir. Commissioner Gonzalez: With all due respect, sir, I would like to request that we take item 26A before lunch. Vice Chairman Teele: OK, we'll do that -- Commissioner Gonzalez: Because the attorneys have to be -- Vice Chairman Teele: -- at your direction. At your direction, without objection. Did you have a point you wanted to make? Tory Jacobs: Tory Jacobs, 145 Southeast 25th Road. I've served on the -- I was a charter member of the task force. I've been following this along, and I must -- want to thank the 42 April 10, 2003 Commission and the Commissioners for their support of retaining Mr. Nugent, and I particularly want to comment on the incisive remarks of Commissioner Teele or Vice Chairman Teele. We certainly have not been getting a fair deal from the airport, and his approach -- political approach through Washington, I think, makes a lot of sense, and we want to support the EA, and a decision needs to be made as to whether to support proceeding with the 150 -- part 150 study. That has a lot of impact. With this new knowledge I just heard about the new program that just came in March, the grants without the onus of the part 150 makes it difficult to make a decision about the part 150 until we get that information. Vice Chairman Teele: Right. Mr. Jacobs: Could we get it maybe in -- within 30 days, you think? Unidentified Speaker: I have no idea. I mean, we're talking about the federal government. Mr. Jacobs: OK, but anyway, we appreciate your support, and I think the political way is definitely the way to go. Vice Chairman Teele: Thank you, Mr. Jacobs. We appreciate -- I know that if Commissioner Winton were here, he'd express his appreciation to you and the committee. Patrick McCoy: My name is Patrick McCoy, and I live at 679 Northeast 58th Street. During Ray's presentation, he talked about some schools that were included in the environmental impact statement as having a commitment from the County, I believe, to provide insulation. I think it'd be very important that we find out, as quickly as possible, if any of those schools, first of all, are within the City of Miami, and that we do in fact make the County make good on their commitment to soundproof those schools or to noise -mitigate those schools, and secondly, since this is a quality of life issue, when we talk about noise mitigation or part 150, we're talking about affecting the quality of life of the poorest people in this City, and I hope we don't forget that. I realize there's some zoning changes and so forth, but it's a quality of life issue for the poorest people who live in this City, and that's something I think we have to always keep on the front burner when we talk about this issue of noise mitigation. Thank you. Vice Chairman Teele: All right. Who's the governmental -- Mr. Attorney, who's our federal representative in your office, and Mr. Manager, who's the federal representative in your office? How are we handling intergovernmental? I'm a little bit confused, I guess. Who's handling it in the attorney's office? Alejandro Vilarello (City Attorney): This issue, in particular? Vice Chairman Teele: No, federal -- who is our federal intergovernmental person in -- Mr. Vilarello: The federal lobbyist works under the direction of a Manager. I believe it's -- at least it was Greenberg Traurig and Katz Kutter, right, in Washington. Vice Chairman Teele: Yeah, but who directs them from this off -- from Miami? 43 April 10, 2003 Mr. Vilarello: The City Manager. Victor Monzon: Mr. Chairman, presently, Kutter Haigler is still on board with us. Vice Chairman Teele: Who? Mr. Monzon-Aguirre: Kutter Haigler, the firm that's -- Mr. Vilarello: Katz Kutter -- Vice Chairman Teele: No. Who is the staff person who's been in here listening to all of this, taking copious notes, and prepared to implement what we ask him to do? Who, on your staff, Mr. Manager, is the contact -- the contract manager for that lobbying contract? Ms. Monzon: Well, if you -- Fatima from the -- Vice Chairman Teele: Who? Mr. Monzon-Aguirre: Fatima from the Mayor's office. Vice Chairman Teele: Who? Commissioner Regalado: They don't have anybody -- Vice Chairman Teele: Look, you know, let me tell y'all something about the organization of this City. You know, in our haste, a lot of things are beginning to show up now. The Manager's office -- the Mayor's office does not report to this Commission. The Mayor has the right to have anything and everything he wants to have in his office, but the Manager's office had darn well better have every function of this City coordinated, and this Commission is not ceding to the Mayor or to the Manager any authorities that we have. Now, it's very clear, if we've got a lobbyist in Washington, in most cases, Mr. Attorney, the attorney's office has a liaison person -- because you can't write legislation without going through the law office. If you call your colleague over at the County, they'll give you the name of three people that manage or monitor the lobbying contract for the County. The County's got seven lobbyists in Washington. Seven. Their bill is over $1,000,000 a year. Mr. Vilarello: In this case, the -- Vice Chairman Teele: And they get federal money coming from all sorts of places. They get FEMA (Federal Emergency Management Agency) money, they get highway money, they get airport money, because you know, money just doesn't come falling down out of the sky. You've got to work it, and if we don't have anybody -- if we've heard a whole presentation this morning and there's nobody on the Manager's staff or the Attorney's staff to respond to this, as the lobbyist or the governmental person who's controlling the lobbyist, we've got a real problem here. I mean, we may as well just be talking to each other. 44 April 10, 2003 Mr. Vilarello: The lobbying agreements are drafted for the specific -- Vice Chairman Teele: I'm not talking about the lobbyists. The lobbyists have to take direction from some staff person who's managing those contracts. Mr. Vilarello: Are drafted to take direction from the City Manager's Office, and I know I haven't answered your question, sir, but I -- Vice Chairman Teele: Well, would you prepare a resolution for the next meeting instructing the City Attorney to have an attorney to be a liaison and coordinate and facilitate legislative decisions that we make to the lobbyists, if nothing else? And Mr. Manager, can you give us a clear person who is in -- under the Manager's control, that is a lobbyist representative and manages those contracts? Mr. Monzon-Aguirre: Mr. Chairman, I'll have a complete list of assignments and responsibilities of all staff for the Commission, so they understand who is responsible for what entities. Presently, Ignacio Ortiz is our intergovernmental relations person assigned -- Vice Chairman Teele: I got to tell you, you know, there are things being said on radio -- and I mean, I don't comment on that kind of stuff, but the Manager's office has got to be 360 degree staff. You all have to be staffed to handle all of the functions under the City administration, except those functions that are under the Clerk and the Attorney's office, and with all due respect to the Chairman of the Commission or the Mayor, those three offices, the Manager, the Mayor, and the Chair, are three separate offices with three separate responsibilities, and I hope to God that the Manager is not ceding responsibilities to the Mayor's office, because we have no control over the Mayor's office. We shouldn't have any control over the Mayor's office. The Mayor -- I mean, that's like -- the Congress doesn't control the President, and the President doesn't control the Congress, and if, for some reason, there's a notion that the lobbying contract is being run by the Mayor's office, that's just -- that cannot work. Mr. Monzon-Aguirre: Well, I'm sorry if I gave that impression, Mr. -- Vice Chairman Teele: That's what you said. Mr. Monzon-Aguirre: -- Chairman. Well, that's what I was informed earlier, but I'm -- as I said, I will have a complete report -- the Manager will have a complete report as to what staff assignments and who is responsible for -- Vice Chairman Teele: Well, it's pretty frustrating. I mean, if I were Commissioner Gonzalez -- I mean, Commissioner Regalado, if I were in this public, I'd be pretty frustrated to hear that my whole presentation has gone, and we're trying to figure out who's going to respond to this now. Mr. Monzon-Aguirre: Well, Commissioner, I took -- Vice Chairman Teele: The right answer would be. 45 April 10, 2003 Mr. Monzon-Aguirre: Mr. Manager -- Well, Mr. Chairman, I've took copious note, exactly what's being said because -- Vice Chairman Teele: There you go. Mr. Monzon-Aguirre: -- I've been present at some of these meetings regarding noise abatement. Vice Chairman Teele: You're going to be responsible. Mr. Monzon-Aguirre: I have been responsible, Commissioner. I sat on the last presentation on - - by the -- with the air -- with the aviation department. Vice Chairman Teele: See, there is hope. OK, so we can all come to you on this matter till we get another person in the loop? Mr. Monzon-Aguirre: Exactly. 7. URGE LATIN ACADEMY OF RECORDING ARTS AND SCIENCES TO REFUSE TO RECOGNIZE OR INVITE ANY CUBAN ARTISTS TO ATTEND PRESENTATION OF LATIN GRAMMY AWARDS TO BE HELD IN CITY ON SEPTEMBER 3, 2003, WHO REPRESENT, OR ARE AFFILIATED WITH GOVERNMENT OF CUBA. Vice Chairman Teele: All right. Commissioner Gonzalez would like to hear an item before 12 o'clock. Commissioner Regalado is going to have to leave at eleven forty-fivish. Commissioner Regalado, is there anything that you would like to take up -- thank you all very much for being here this morning. Commissioner Regalado: Actually -- Vice Chairman Teele: -- is there anything you'd like to take up before you leave -- Chairman Sanchez: Thank you (INAUDIBLE). Vice Chairman Teele: -- and I know we do have some citizens here. Commissioner Regalado: Yeah, I do. It's something that it's going to be brief, and it's, hopefully, a noncontroversial item, but we do have some gentlemen here that are interested on this issue, so Angel, if you give me a minute, I'll -- Commissioner Gonzalez: Yes, and what I would like to do, Commissioner Regalado, is before you leave, that we can take item 26 A -- Commissioner Regalado: OK. Commissioner Gonzalez: -- in case we need -- 46 April 10, 2003 Commissioner Regalado: Right. Commissioner Gonzalez: -- four Commissioners. Vice Chairman Teele: OK. Commissioner Regalado: Mr. Chairman, I have here a resolution that it would have been -- Vice Chairman Teele: Is this on your blue pages? Commissioner Regalado: No, it's not. I didn't have time. Vice Chairman Teele: Just go right ahead, sir. Commissioner Regalado: It's a resolution of the Miami City Commission regarding some events that had happened in Cuba and the reaction in the City and from the City. You all remember that, in 1979, when Russia, the Soviet Union then invaded Afghanistan. President Carter cancelled the participation of the United States on the Olympic Games in Moscow. In 1987, President Reagan cancelled all the visas to every sports and artists from the people's republic of China after the Tianamen massacre, so this resolution is in response to the recent trials and sentence imposed on specific opposition leaders in Cuba, and the resolution is to strongly urge that the organizers of the Latin Grammy's refuse to recognize or invite any Cuban artists who represent or are affiliated with the government of Cuba, that in the past three weeks, has imprisoned at least 60 critics of Fidel Castro's government, and sentence them to as much as 27 years -- one sentence is pending for shooting squad -- for allegedly collaborating with the United States to undermine the so-called socialist system, so in three weeks, Cuba has cracked down on most of the opposition -- the pacifist opposition leadership in the island. This is the biggest crack down. Tuesday night the U.S. House of Representative, by a vote of 411 to 0, approved a motion to condemn the Cuban government, and now in Geneva, there is also another motion. Since the City is the host of the Latin Grammy, and since the City will use resources, it's only fitting that we do what the United States have done in the past, that we punish those who violate, in a rampant way, the human rights of their people, so Mr. Chairman, my motion is to, in behalf of the City, urge the Latin Grammy's to refuse or recognize or invite any artists from Cuba from represent or are affiliated, in any way, shape, or form, with the government of Cuba. That will be my motion. Vice Chairman Teele: Is there a second? Commissioner Gonzalez: Second the motion for discussion. Vice Chairman Teele: Well, why we got to discuss it? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All oppose? Item passes. 47 April 10, 2003 The following resolution was introduced by Commissioner Regalado, who moved for its adoption: RESOLUTION NO. 03-351 A RESOLUTION OF THE MIAMI CITY COMMISSION STRONGLY URGING THE LATIN ACADEMY OF RECORDING ARTS AND SCIENCES TO REFUSE TO RECOGNIZE OR INVITE ANY CUBAN ARTISTS TO ATTEND THE PRESENTATION OF THE LATIN GRAMMY AWARDS TO BE HELD IN THE CITY OF MIAMI ON SEPTEMBER 3, 2003, WHO REPRESENT, OR ARE AFFILIATED WITH, THE GOVERNMENT OF CUBA THAT IMPRISONED AT LEAST 60 CRITICS OF FIDEL CASTRO' S GOVERNMENT AND SENTENCED THEM TO AS MUCH AS 27 YEARS IN PRISON FOR ALLEGEDLY COLLABORATING WITH UNITED STATES DIPLOMATS TO UNDERMINE THE SOCIALIST SYSTEM, IN CULMINATION OF AN ABRIDGED ARREST, TRIAL, CONVICTION AND PUNISHMENT PROCESS THAT BEGAN AND ENDED IN LESS THAN THREE WEEKS; DIRECTING THE CITY CLERK TO IMMEDIATELY TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE LATIN ACADEMY OF RECORDING ARTS AND SCIENCES. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Commissioner Regalado: Mr. Chairman, just briefly, this motion should be transmitted to, by e- mail, and express mail, or faxed, to the Latin Grammy's or the academy as soon as possible, Madam City Clerk. Thank you. 8. GRANT DADE HERITAGE TRUST'S REQUEST TO PROVIDE IN-KIND SERVICES, WAIVER OF PERMIT FEES AND ADMINISTRATIVE COSTS, FOR "MIAMI CITY CEMETERY PROCESSION AND COMMEMORATIVE SERVICE" TO BE HELD ON APRIL 27, 2003 Vice Chairman Teele: All right. We're going to hear from Commissioner Gonzalez on this other item. Is there any person here that was a personal appearance this morning, that was supposed to be heard this morning? Are there any personal appearance items? Is Mr. Kogan 48 April 10, 2003 here? All right, take the podium here, and Mr. -- and I guess we also have Ms. -- go right ahead, sir. While you're getting started, I'm going to recognize you on this matter relating to the in-kind services for the Black Heritage Trust. Ms. Pinkney, I know you and Ms. Thomas have been here all morning, and you want to just come up and give your and address for the record. Just -- Commissioner Regalado: OK. Vice Chairman Teele: This is the annual procession in which we honor the founders of the City. It goes from St. Agnes church there on 3rd Avenue and 19th Street, in Overtown, and goes over to the cemetery right next to the fire station there on Miami Avenue, and it's been well received and -- Commissioner Regalado: And Mr. Chairman, let me tell you that we were there last year and the year before, you and me -- Vice Chairman Teele: Yes. Commissioner Regalado: -- and this is one afternoon that is memorable, because it -- I did not know that in the City's cemetery, we had so many history of the City. I have -- I walk and I saw people from the Spanish/Cuban-American war buried there, and the City founders, and it is extraordinary, so -- and it -- Vice Chairman Teele: Scene it really does -- you know, I've asked -- just hold on -- I've asked before, and I'll renew it again to the management. One of the things that a cemetery represents is that a cemetery represents -- it's probably the one place where you can see a picture of the culture, but it doesn't end with today; it ends with time, which is timeless. Our cemetery has not grown because it's constrained by space, and yet, there's a lot of vacant land there. I have said, repeatedly, that a very important period in our history of our City is being left out. Two hundred years from now people are not going to even know that Cubans came to Miami, if you go to the cemetery, and what I'm saying is not for us, but it is for time; that this cemetery should -- the management should work with the various committees to annex sufficient land so that this cemetery is timeless, and it grows on and on and on. It stopped I guess 40 years ago because they ran out of space, but we can all go back. There's beautiful tributes to the Jewish community, there's tributes to the Native Americans that are buried there; obviously, African Americans and whites, but I think we're missing a very important component, and really if I miss one thing in this Safe Neighborhood Bonds thing is, we should have put money in that for the annexing of land for that cemetery. There's land on both sides, and there's even city -owned land nearby, but I think -- more and more, I can remember as a child, when I first went to Tallahassee in the sixth grade, we went to the city cemetery, and it was -- Prince Murat, M -U -R -A -T, was buried there. He had come over to try to help with something relating to France and the colonial experience, and he caught a fever and died there, but you know, everybody goes there to see Prince Murat. He apparently was a big "mucketymuck" (phonetic), but you get the impression that French paid a -- made a contribution to America by going to the cemetery there, and the same thing is true in Texas, where you go to San Antonio, where the Alamo was fought. Every child in Texas has to go to the Alamo three times because of the way the school cycle is planned. We don't respect our history enough. If we did, we wouldn't have the problem we're having in 49 April 10, 2003 Goombay, Mr. -- Commissioner Regalado, because people would know that Goombay is very much a part of the history of Miami, but in any event, enough preaching. Ms. Thomas -- Ms. Pinkney, you're recognized, just for a moment. Enid Pinkney: Yes. Thank you so much very. Enid Pinkney, Dade Heritage Trust, 190 Southeast 12th Terrace. First of all, I want to thank this Commission, because for the past nine years, you have supported the African American committee of Dade Heritage Trust in this effort. This will be our 10th year of doing this, and this year we are going to honor the African -- one of the African-American incorporators of the City of Miami, Mr. Tobey B. Shines. We don't know too much about him because he died in 1904, and the City libraries -- City directory start in 1907, and I went to the historical museum and they didn't have anything on him, so it's just what we have in the book that we have put together, but we're honoring him with a headstone, which we will unveil on that Sunday. I am also excited because the Jewish community has asked us to participate in this ceremony, so we are also going to honor Rebecca and Abraham Wilowski. Now, they were Russian Jews that are buried in the City cemetery, and this is the first time that we will be honoring anyone, any group other than African Americans, and I think it's very appropriate that we honor the Wilowskis because they are the grandparents of Dr. Ruth Greenfield. Dr. Ruth Greenfield, back in the 1950s started the fine arts conservatory in Overtown so that black students could be educated in the fine arts, and at that time, she had the children of Garth Reeves, Carrie Meek, the Simpsons, and all of Miami's prominent citizens went to Ruth Greenfield school, the Conservatory of the Fine Arts, so we feel that it's very appropriate that we honor her grandparents on that Sunday, and also, this is a multiracial, multicultural, ecumenical service where we bring all of Miami together, and we bring them together starting out in Overtown, and we can do that because you provide the police service, you waiver our fees so that -- because we really can't afford to do all of the things that it cost to do this, so that's why I am here to, number one, thank you for your service in the past for what you've done and what you will continue to do for the 10th, and I want to thank those of you who have been there; Commissioner Teele, Commissioner Regalado, Commissioner Winton -- he's not here -- and invite those of you who have not been there to come and participate. I also want to thank you for your support of the cemetery task force with the fence that was -- that's put up there, the money you put in that, and on last Saturday we had a clean-up in the cemetery where citizens came out there and planted plants, so get ready for the 27th. Vice Chairman Teele: All right. Is there a motion? By Commissioner Regalado. Chairman Sanchez: Second. Vice Chairman Teele: Second by Commissioner Sanchez. This is to waive the fees for the City to provide the usual services, the PA (Public Address) system through the Parks Department, and the kind of administrative support, and most of all, the presence, and I would certainly hope that the Communications Department can sort of do something to announce to the public this event. Motion and a second. Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All opposed? 50 April 10, 2003 The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 03 -3 52 A MOTION GRANTING THE DADE HERITAGE TRUST'S REQUEST TO PROVIDE IN-KIND SERVICES, WAIVER OF PERMIT FEES AND ADMINISTRATIVE COSTS, AS DETERMINED BY THE CITY MANAGER FOR "MIAMI CITY CEMETERY PROCESSION AND COMMEMORATIVE SERVICE" TO BE HELD ON APRIL 27, 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 9. RELATED TO ARGENTINEAN FESTIVAL TO BE HELD ON APRIL 27, 2003 AT BAYFRONT PARK; AUTHORIZE MANAGER TO TRANSFER $20,000 FROM SPECIAL EVENTS ACCOUNT TO BAYFRONT PARK MANAGEMENT TRUST FOR: (1) $10,000 FOR IN-KIND POLICE AND FIRE SERVICES, (2) WAIVE ALL WAIVABLE FEES, AND (3) $10,000 FOR FIREWORKS SHOW. Vice Chairman Teele: One quick item. The best festival, according to the Miami New Times last year, was? Commissioner Sanchez: Argentinean Festival. Enrique Kogan: Right. Commissioner Sanchez: Argentine Festival. Vice Chairman Teele: It was not what we may think. It was what Commissioner Sanchez said. Commissioner Sanchez: The Argentine Festival. Vice Chairman Teele: The Argentine Festival, inspired by the flight of -- the collapse of the economy of Argentina, but luckily, Miami has long-time expat -- Mr. Kogan, who offers tens of thousands of his compatriots a day -long celebration of Tango -Lata, and it goes on and on and on. 51 April 10, 2003 I'm also advised that the Bayfront Trust staff nails everything down when you all come to party, because you all absolutely tear the place up. Commissioner Sanchez: It's the Tango. It's the Tango that does it. Vice Chairman Teele: OK. Mr. Kogan: First of all, I have to say thank you from the Argentinean Consul. We have -- Vice Chairman Teele: Your name and address. Mr. Kogan: Enrique Kogan is my name, I'm sorry. I live in Miami for 22 years and I still have my Argentinean accent; very hard to lose it. Thank you -- Commissioner Sanchez: Mr. Chairman -- Mr. Kogan: -- from the Argentinean Consul to say -- because we have the two avenues, Carlos Gardel and Eva Peron. Thank you very much for this, you know -- Vice Chairman Teele: Yes. Mr. Kogan: We're going to do a very big festival in November. We're holding Miami Tango Fest in the Street, and we're going to celebrate with Carlos Gardel and Eva Peron Streets. Vice Chairman Teele: Today, what are you requesting? Mr. Kogan: Today, I request, the Argentinean Festival, the waiver, like every other police, and also I request, if it would be the first time -- because this is the best festival, the best in Miami is spectacular, some fireworks. Commissioner Sanchez: Mr. Chairman. Vice Chairman Teele: Commissioner Sanchez. Commissioner Sanchez: If I may, Enrique Kogan, would you have enough time to put together the fireworks? Mr. Kogan: Yes. Commissioner Sanchez: You would have it? Mr. Kogan: I do. Commissioner Sanchez: So, it'll be part of the agreement that if we provide you any funding, you will have fireworks? 52 April 10, 2003 Mr. Kogan: No problem, sir. We'll do it. Commissioner Sanchez: Mr. Chairman, I'm prepared to move the recommendation to approve and also amend it to provide a $10,000 out of the special events account for a fireworks show for the Argentine Festival. Vice Chairman Teele: Is there a second? Commissioner Gonzalez: Second. Vice Chairman Teele: Listen, staff recommendation. Lina Blanco: Lina Blanco, Special Events coordinator. We are recommending the allocation of funds from the special event account be transferred over to Bayfront Park to pay for Police and Fire, and that's a total of $10,000. Commissioner Sanchez: OK. Vice Chairman Teele: OK, and his recommendation would be clarified that it will go to Bayfront Trust. Ms. Blanco: But for the payment of Police -- Commissioner Sanchez: Yes. Ms. Blanco: -- and Fire services, not for fireworks. Commissioner Sanchez: No, or -- Mr. Kogan: The request is (UNINTELLIGIBLE) -- Vice Chairman Teele: Whoa, whoa, whoa, whoa, whoa. Hold it, hold it, hold it, hold it. Hold up. Commissioner Sanchez: I have the floor, I have the floor. I understand that the motion is to transfer the money to Bayfront Park. I am requesting in my motion an addition of $10,000 out of the special account -- special events account to go towards fireworks for this event. Vice Chairman Teele: OK. Now, let's be real clear, because the Commissioner -- thank you all very much -- reso -- motion is appropriate. The request that we heard from the gentleman, Commissioner Sanchez, was a waiver of Police and Fire; a request of $10,000 to go to Bayfront Trust, and an additional request for fireworks. Your motion is only addressing two of those three things. You're saying $10,000 -- Commissioner Sanchez: To go towards Bayfront Park. 53 April 10, 2003 Vice Chairman Teele: -- to go towards Bayfront Trust, but you didn't specify Police. Go ahead. Commissioner Sanchez: Towards the services that are provided. I think that's the most logical way to do it. I think that's the way it's always done. I don't want to deviate -- Vice Chairman Teele: I think that's the way to do it. Mr. Kogan: Right. Commissioner Sanchez: I don't want to deviate from how we do things, but the addition thing is just out of the special entertainment -- special account $10,000, to provide a fireworks show, which I think is appropriate. Vice Chairman Teele: So, that's a total of $20,000 -- Ms. Blanco: Twenty. Vice Chairman Teele: -- which we support. Commissioner Sanchez: Twenty thousand. Vice Chairman Teele: I think -- the only caveat that I would have would be this. Would you allow for MSEA (Miami Sports & Exhibition Authority), or some entity under the Manager to get in the middle of this fireworks stuff, and to work with the Bayfront Trust and the promoter so we can build a little bit of knowledge base, and not just let the promoters wind up doing the fireworks, but we'd be involved in that process to develop -- you know, because there are safety standards; there's all of the fire and safety issues that are developing. Commissioner Sanchez: But why would we assume the liability of the fireworks? That -- we provide the funds for the -- Vice Chairman Teele: OK. Commissioner Sanchez: -- organizer -- Vice Chairman Teele: So, you would -- Commissioner Sanchez: (INAUDIBLE). Vice Chairman Teele: -- provide this as a direct grant to the -- Commissioner Sanchez: A grant, and they do the fireworks -- they're liable for the fireworks; we have nothing to do with the fireworks, and that's the way it should be. Vice Chairman Teele: OK, fine. If that's the way you want to do it, I certainly have no objections. I support it strongly. All those in favor of the motion, as stated, say "aye." 54 April 10, 2003 The Commission (Collectively): Aye. Vice Chairman Teele: All opposed? The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-353 A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO THE ARGENTINEAN FESTIVAL, TO BE HELD ON APRIL 27, 2003, AT BAYFRONT PARK; AUTHORIZING THE WAIVER OF ALL WAIVABLE FEES PERMISSIBLE BY LAW AND A GRANT, IN THE AMOUNT OF $20,000, TO BE TRANSFERRED FROM SPECIAL EVENTS ACCOUNT CODE NO. 001000921054.289 TO THE BUDGET OF THE BAYFRONT PARK MANAGEMENT TRUST FOR POLICE AND FIRE -RESCUE SERVICES, IN AN AMOUNT NOT TO EXCEED $10,000, AND TO COVER COSTS OF A FIREWORKS DISPLAY IN AN AMOUNT NOT TO EXCEED $10,000; SAID AUTHORIZATIONS CONDITIONED 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 FESTIVAL; (3) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT 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 Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Vice Chairman Teele: Now, where is Chief Fernandez? Commissioner Regalado: Mr. Chairman. Unidentified Speaker: He's right outside. 55 April 10, 2003 10. AUTHORIZE MANAGER TO EXECUTE AMENDMENT NO. 3 TO AGREEMENT WITH SARMIENTO ADVERTISING GROUP, L.L.C. TO (1) LOWER NUMBER OF ADVERTISING BENCHES FOR WHICH CITY WILL RECEIVE PAYMENT FROM 900 TO 450, (2) REDUCE MINIMUM GUARANTEED PAYMENT PER BENCH, (3) ELIMINATE REQUIREMENT THAT SARMIENTO PAY PERCENTAGE OF GROSS REVENUES TO CITY, AND (4) ALTER RATE AT WHICH BUS BENCHES MUST BE INSTALLED. Commissioner Regalado: Mr. Chairman. Vice Chairman Teele: Yes. Commissioner Regalado: I have to leave in seven minutes. Vice Chairman Teele: OK. Well, let's -- before we do that, let's just do what you're here on, the Sarmiento issue. Commissioner Gonzalez: Twenty-six "A," right. Vice Chairman Teele: Twenty-six "A." Mr. Manager, do you have a recommendation? Victor Monzon-Aguirre (Chief of Neighborhood Services): Yes. Mr. Manager, do you want -- excuse me. Mr. Chairman, you have a resolution before you, which modifies the agreement relative to the number of panels, as well as to the rate that we're -- Vice Chairman Teele: It's moved by Commissioner Gonzalez; second by Commissioner Regalado. Is there a discussion? Is there a discussion? All those in favor of the item say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All opposed? The following resolution was introduced by Commissioner Gonzalez, who moved its adoption: RESOLUTION NO. 03-354 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3, IN SUBSTANTIALLY THE ATTACHED FORM, TO AN AGREEMENT WITH SARMIENTO ADVERTISING GROUP, L.L.C. TO (1) LOWER THE NUMBER OF ADVERTISING BENCHES FOR WHICH THE CITY OF MIAMI WILL RECEIVE PAYMENT FROM 900 TO 450, (2) REDUCE THE MINIMUM GUARANTEED PAYMENT PER BENCH, (3) ELIMINATE THE REQUIREMENT THAT SARMIENTO PAY A PERCENTAGE OF GROSS REVENUES TO THE CITY, AND (4) ALTER THE RATE AT WHICH BUS BENCHES MUST BE INSTALLED. 56 April 10, 2003 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Vice Chairman Teele: Now, before anybody leaves on this item -- since it's turned into Argentina Day real quickly -- isn't Sarmiento from Argentina? Mr. Monzon-Aguirre: Yes. Enrique Kogan: We can put in the tango music, if you want it, make it a little more romantic. Alejandro Vilarello (City Attorney): On the item that you just voted on, I do have to bring one issue on the record. The item does reduce the compensation under the agreement to the City. It did go through a competitive process, and the modification -- Vice Chairman Teele: Is it legal? Is the Commission acting legal? Mr. Vilarello: It's a material change that could put into jeopardy the competitive process. Vice Chairman Teele: All right. Mr. Vilarello: The Commission grants the request -- Vice Chairman Teele: But the contract's been awarded, hasn't it? Mr. Vilarello: Yes. And the contract's been granted. It's been awarded. And the reason the changes are being provided for is the possibility of performance, so on those basis, if this City Commission wishes to vote on it, you can certainly proceed on it. However, you should know that it is a material reduction in the compensations to the City based on the impossibility of their performance, but 900 panels with bus benches in the City. Commissioner Regalado: Mr. Chairman. Vice Chairman Teele: Commissioner Regalado. 57 April 10, 2003 Commissioner Regalado: Yeah. But at the same time, Alex, I mean the City is always supposed to win, right, because -- but the City derailed the process, the installation, the style. The City staff violated what the City Commission said. Commissioner Gonzalez: That's right. Commissioner Regalado: They did what they wanted and they put us in harms way, and also almost bankrupt a company, so I don't know. I mean, you know -- Vice Chairman Teele: Well, I don't think we ought to get into a long debate about it. Commissioner Regalado: No. I mean, it's not a long debate. Vice Chairman Teele: I mean, the Attorney has put his -- what he needed to put on the record. Mr. Vilarello: And it's important for the decision, as well, Commissioner Regalado that it be added to the record and on that basis, if the City Commission wishes to -- Vice Chairman Teele: But I want to go a step further, because I think what we have been doing, ever since we've had a bus bench company, is 100 percent wrong, and we've never taken responsibility for it. We keep -- you know, everybody keep saying, let the vendor be responsible for it. The vendor can't be responsible for establishing the framework and the architecture of the system, and so, Mr. Manager, I want you to prepare a resolution -- with the Attorney today -- and come back this afternoon -- and, Sarmiento, don't get lost -- because what I would like to see us do is for the City to be -- to take additional responsibility in developing -- Commissioner Gonzalez: And facilitating. Vice Chairman Teele: -- developing the infrastructure for bus benches. We've got ADA (Americans with Disabilities Act) issues out here. We've got land acquisition issues out here, and we just all say, well, let the bus bench company resolve that. The bus bench company cannot go and negotiate with the DOT (Department of Transportation) and Miami -Dade County. We can. And most of the places where we've got -- not most of it, but a large number, 20, 30, 40 percent of the places where we've got bus benches, all it would take would be for the City to put up a task force together -- and I hope Keith Carswell and those people, Ms. Haskins, is listening, because this is going to require two managers to sit down together and develop a plan. And consistent with what we've done with ADA this morning -- said we're going to make our ADA sidewalks -- we're going to spend four and a half million dollars ($4,500,000), as I read that correctly? We need to do this thing right, and we need to, notwithstanding Sarmiento or whoever the contractor is, we need to take responsibility for developing the bus bench sites, and in most cases, it's going to require changing sidewalk. It's going to require an easement or some type of acquisition of land. And I drove down 7th Avenue and virtually all of the land is in the control of government; the County or the state of Florida or University of Miami, and you can't tell me we can't design -- Victor, you're an expert at this. 58 April 10, 2003 Mr. Monzon-Aguirre: Well, thank you for giving me that title of being an expert, Commissioner. I will try to implement, but let me tell you what we've done. We have done a survey of all the bus stops throughout the City. There are over 1800 bus stops, and we've recognized that there are conditions which preclude us from making it an adequate facility for the public vis-a-vis the ADA requirements. We've worked with Sarmiento on some of the issues, but this requires a long-term process. Vice Chairman Teele: Exactly. Mr. Monzon-Aguirre: And we have mass confusion out there, is what we have on the streetscape. It is my intention, based on this contract and other elements that we're doing, to have a comprehensive review of everything we're doing and how we place bus benches, news stands and everything else, so that at least the City has some sensible streetscape that is accommodating for everybody; the bus travelers, as well as those who are handicapped. Vice Chairman Teele: Commissioner Sanchez. Commissioner Sanchez: Mr. Chairman, that -- this is exactly what happened in the past that brings us to this issue today. Vice Chairman Teele: Right. Commissioner Sanchez: And it's not focusing on the issues. Everything here goes in hand. You can't change the rules every inning. You can't change the rules every quarter, and that happened in the past. What we have to do is analyze the comprehensive report, which is what we need to do; identify exactly where these bus benches are going to go, and you need to look at not only the bus benches, but you need to look at the sidewalks that are being repaired; the ADA compliance and regulations -- Vice Chairman Teele: Bus shelters -- Commissioner Sanchez: -- where the bus shelters also come together because they're going -- basically the same thing. In other words, it is a process of issues that fall within the same scope; the bus benches, the sidewalk, the bus benches, the bus shelters, all those things, and we didn't do that in the past. Yeah, we came up with a great idea to improve the quality of life and put together these bus benches, which are great. We focused on improving the quality of life in our City. I mean, now I think that before we do one thing, we need to analyze through this comprehensive report, which I think needs to be done, so we don't continue to waste time, energy and resource in the City of Miami. Simon Ferro: If I may say something, Mr. Chair. Simon Ferro -- Vice Chairman Teele: Mr. Ambassador, you're always -- Mr. Ferro: Thank you. Appreciate it. Simon Ferro, 1221 Brickell, Greenberg Traurig. We represent Sarmiento, and very briefly, for the record -- and I appreciate Alex' position. He's 59 April 10, 2003 your lawyer. He feels he's got to say that on the record. We respectfully disagree with his interpretation. We believe that everything that is happening today is completely within the framework of the original agreement. As you know, circumstances way beyond the control of Sarmiento have prevented us from actually doing what we want to do, and at every given point in time, even when things were requested of Sarmiento that we believed were beyond the scope of the agreement, Sarmiento, as a good corporate citizen, came through and tried in very good faith to comply. We believe that the amendment you have before you today is completely within the scope of the original agreement, even with -- (TECHNICAL DIFFICULTIES FROM 11:50:50 A.M. TO 11:51:02 A.M.) -- before when you had other people coming in and trying to negotiate with the City, so this goes far beyond anything that was ever proposed by other companies, and also -- and I'll close with this -- one of the most important things that we have in this agreement is, we are completely waiving any claims that we have, based on the past execution or performance of this agreement. It is not a mutual waiver, by the way. The City is not waiving anything on their part. We are waiving any and all claims that we may have against the City or anybody, based on what's happened in the last year, year and a half, so we do believe that there is adequate consideration being given under the agreement, and that it is within the framework of the original agreement. Thank you very much. Vice Chairman Teele: All right. Commissioner Gonzalez: Mr. Chairman. Vice Chairman Teele: Commissioner Gonzalez. Commissioner Gonzalez: I just want to add that -- and I don't want to be repetitive on what has been said, but I can tell you that I am very pleased to see that finally we have an agreement and I hope that it be a serious agreement. With these companies, so we can finally have the bus benches installed, because Commissioner Teele and I have been asking for benches for almost a year or a year and a half, and as it was stated here, Sarmiento did everything on their part, everything that they compromised to do for the City of Miami, they did, and it was the fault of some people on the prior administration that derailed this contract, that derail this program, that derailed the entire installation and the entire agreement that was agreed on and it was approved by this Commission, so you know, I'm glad to see that finally, and it is good that this has been renegotiated and it has been brought back to this Commission and this Commission is voting on it, and I hope -- I sincerely hope that we don't come back and, six months from now, have to discuss again, as it happened in the past. Because the last -- the other agreement was approved by these Commissioners sitting here and after we voted on it, apparently our vote went in the air because some people in the administration decided to change everything that we had approved, so I hope that this will be, you know, an example, and that these people finally be treated with respect and dignity, as any people that come to invest in the City of Miami should be treated. Thank you, Mr. Chairman. Vice Chairman Teele: Commissioner Gonzalez, on the point. I have understood -- and I've talked directly to Sarmiento, not about the contract, at all, but about what Victor -- what the Manager just talked about, and that's the comprehensive review of this situation. 60 April 10, 2003 Commissioner Gonzalez: Correct. Vice Chairman Teele: Now, I want to just say this for the record. They told me that they have had very professional treatment from the current management in the form of Mr. Monzon and City Manager Arriola, and so, I wanted to put that into context, but I'm in total agreement with everything that you've said, but I do think the Attorney and Commissioner Sanchez, in particular, need to be on notice that what I've asked for is substantially different from what's in these contracts, and what's in these contracts was a cheap way that the City basically did what the City has done for 40 years and that is, quote, "saved money" by not providing the service or, worse, letting the vendor make policy determinations, and when this whole bus bench thing got started about 30 years ago in the City of Miami, you know, it was a political decision that was made. The bus bench guy said, "Let me do it and I'll do everything and it won't cost you anything." Well, it always costs if you do it right. The bus bench guy was not concerned about ADA. The bus shelter guy wasn't concerned about ensuring that the bus shelters and the bus benches are not in competition with each other. I mean, there are a whole lot of policy considerations that the Manager's going to have to go in there like a dictator and determine, notwithstanding the contracts, Mr. Attorney, which, in some ways, puts on the bus bench company the responsibility for developing the sites. The development of these cites cannot properly be on the bus bench company. The maintenance of the sites should be on them, but we have got to go out there and get our sidewalks within ADA compliance, and that is not the way these contracts are written. The contracts are written -- they give this plenary authority to the bus shelter companies and the bus benches companies to do everything under the guise of saving money, and they're not saving anybody money. It's just creating a mess. Now, Mr. Manager, can you come forth with a comprehensive plan? Because I think that's what the Commission is going to be looking for, is when can we have a plan to basically make sense out of this, and I also think it would be incumbent upon you to work with the Attorney, as it relates to the bus shelter people, so we can get this thing under one umbrella and for one plan. Mr. Monzon-Aguirre: Mr. Chairman, needless to say that this issue has been a burning issue since I came to office 60 days ago, and something I'd really like to get off my desk, and they've been very cooperative, Sarmiento and Guillermo has been very cooperative with us and we've been very cooperative with them. I have assigned a City staffer to go out with them to each site so that we could issue the permit on the spot cognizant of the restrictions that we have because of ADA. In working with Sarmiento, we've come up with four different bus styles because the benches, as they are right now, have backs and they impede, and our goal is to provide at least a bench for people to sit. Needless to say, you still need a comprehensive review of merging all the things together. You also have the issue of garbage cans. You also have the issue of the ADA ramps on sidewalks. I think that's the area we're going to target. I hope to have something to you within 45 to 60 days, which will outline what we're trying to obtain and trying to -- our goal is. We have a lot of competing interests on using the right-of-way and this report's talking about the right-of-way. The Public Works Department, now Municipal Services, does control the right-of-way and we tell where things can go, but we have to work hand-in-hand as to where the placement of bus benches/bus shelters combination are to be placed so that we don't have clutter in the streets. It just looks terrible. I think I'm very cognizant of that as I travel through City streets. I know you all also have. 61 April 10, 2003 Vice Chairman Teele: Where do you live, in Coral Gables? Mr. Monzon-Aguirre: No, sir. I live in the Roads, in the City of Miami. Vice Chairman Teele: OK. Well, I should have known the answer to that. You got me. It's really important for you to work with Linda Haskins' office and Asset Management, because the only way this thing's going to work is we're going to have to get some easements. We're going to have to buy some strips. We're going to have to do a whole lot of that, and I hope you're cooperating with Ms. Haskins' office. Mr. Monzon-Aguirre: Well, I'm proud to say that all the Chiefs cooperated immensely, Commissioner, and that's how we work. Vice Chairman Teele: All right. Thank you very much. Any further matter? All right. Can we take up one or two items before we leave? Are there any matters that are not controversial, that don't require three/fourths vote? Why don't we break for lunch and come back at, what, 2:45, 3'o clock? Unidentified Speaker: Three o'clock. Vice Chairman Teele: Three o'clock? All right. We stand recessed until 3 p.m. THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 11:59 A.M. AND RECONVENED AT 3:16 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT. 11. APPOINT M. ATHALIE RANGE, ENID C. PINKNEY, EUGENIA B. THOMAS, RICHARD TOWNSEND, MIGUEL GERMAIN, BERNICE SAWYER, MARK WALTERS, MAUD NEWBOLD AND GENE TINNIE AS MEMBERS OF VIRGINIA KEY BEACH PARK TRUST. Note for the Record: As a result technical difficulties with the recording equipment, portions of the minutes are incomplete. Vice Chairman Teele: Item 33. If we could (INAUDIBLE). If we could do those three, the name of the incumbent (INAUDIBLE) and that have been recommended by the Trust for reappointment include the chairman of the historic committee for the City, Ms. Enid Pinkney, who will require a waiver for absences; the widow -- the wife of the late Judge Thomas, Ms. Eugenia Thomas, and the former commissioner of the City of Miami, Ms. Athalie Range. Is there a motion for the reappointment of the three at large -- Commissioner Sanchez: So move. Vice Chairman Teele: -- with a waiver for (UNINTELLIGIBLE)? Commissioner Sanchez: So move, with a waiver. 62 April 10, 2003 Commissioner Regalado: Second. Vice Chairman Teele: Is there a discussion? All those in favor of those three at large appointments, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All opposed have the same right. The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 03-356 A MOTION APPOINTING M. ATHALIE RANGE, ENID C. PINKNEY AND EUGENIA B. THOMAS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST; FURTHER WAIVING BY A 4/5THS VOTE OF THE MEMBERS OF THE FULL CITY COMMISSION, THE ATTENDANCE REQUIREMENTS OF CITY CODE SECTION 2-886, AS AMENDED, AS IT PERTAINS TO PAST ABSENCES ON RECORD FOR ENID PINKNEY. Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Vice Chairman Teele: Were there any individual appointments that any member would like to make at this -- Commissioner Sanchez: Yes, sir, Mr. Vice Chairman, I have one, and I'd like to (INAUDIBLE) Richard Townsend. Vice Chairman Teele: Say that name again. Commissioner Sanchez: Richard Townsend. Vice Chairman Teele: Mr. Townsend is moved. Is there a second? 63 April 10, 2003 Commissioner Gonzalez: Second. Vice Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 03-356 A MOTION APPOINTING RICHARD TOWNSEND AS A MEMBER OF THE VIRGINIA KEY BEACH PARK TRUST. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Vice Chairman Teele: Are there any other members of the Virginia Key Trust that would like to reappointed or appointed? Commissioner Regalado. Commissioner Regalado: Miguel Germain. Vice Chairman Teele: Is there a second? Commissioner Gonzalez: Second. Vice Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All opposed have the same right. 64 April 10, 2003 The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 03-357 A MOTION APPOINTING MIGUEL GERMAIN AS A MEMBER OF THE VIRGINIA KEY BEACH PARK TRUST. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Vice Chairman Teele: Commissioner Sanchez, would you preside and allow me to nominate -- to renominate Ms. Bernice Sawyer? Commissioner Sanchez: Yes, sir. There is a motion. Is there a second? Commissioner Regalado: Second. Commissioner Sanchez: There's a second. Open for discussion. Hearing none, all in favor, say LL " aye. The Commission (Collectively): Aye. Commissioner Sanchez: Anyone opposing, having the same right, say "nay." Motion carries unanimously. The following motion was introduced by Vice Chairman Teele, who moved for its adoption: MOTION NO. 03-358 A MOTION APPOINTING BERNICE SAWYER AS A MEMBER OF THE VIRGINIA KEY BEACH PARK TRUST. 65 April 10, 2003 Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Commissioner Sanchez: Is there any other Commissioner that may have an -- Commissioner Gonzalez: I'll defer mine. Vice Chairman Teele: Commissioner Winton. Chairman Winton: Yes. I'd like to reappoint Mark Walters. Vice Chairman Teele: Mark Walters is being reappointed. Is there a second? Chairman Sanchez: Second. 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 Chairman Winton, who moved for its adoption: MOTION NO. 03-359 A MOTION APPOINTING MARK WALTERS AS A MEMBER OF THE VIRGINIA KEY BEACH PARK TRUST. 66 April 10, 2003 Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Vice Chairman Teele: Commissioner Gonzalez will take some more time on that. Commissioner Gonzalez: Yes, I'll defer mine for the (INAUDIBLE). Vice Chairman Teele: Commissioner Sanchez. Commissioner Sanchez: Since we're on the issue, when we're done nominating, I do have one question that was brought up -- it was a concern that was brought up, and I -- since we have members of the Trust here, maybe they could answer the question for me. Vice Chairman Teele: Ms. Range, would you take the mike as Chair of the Trust. Commissioner Sanchez has a question. You need to press right -- just -- Commissioner Sanchez: Ms. Range, always a pleasure to see you, ma'am. I was contacted by the Florida Trail Riders, that they -- apparently, their club that -- apparently, they go out and they ride their horses all over the state of Florida, and they used to go out there to Virginia Key and ride their horses all over the facility, and they contacted me, and they had inquired as to why they're not allowed anymore to ride their horses through Virginia Key. Athalie Range: I think they were riding their horses through (INAUDIBLE). Commissioner Sanchez: Thank you, ma'am. (INAUDIBLE COMMENTS) Commissioner Gonzalez: Yes, ma'am, I'm ready to reappoint you. Vice Chairman Teele: Commissioner Sanchez, are you satisfied with -- Commissioner Sanchez: Yes, sir. Commissioner Gonzalez: Mr. Chairman. 67 April 10, 2003 Vice Chairman Teele: Yes, sir. Commissioner Gonzalez: I'm ready to reappoint Ms. Newbold. Vice Chairman Teele: Well, Ms. Newbold is here, and she was one of the distinguished principals of Carver for years. Johnny, I don't know if you knew that, but Ms. Newbold was one of those young, young, young principals that they always thought she was a student when she was a principal, and she lives in Commissioner Gonzalez' district, and she's certainly well known as a historian in our community. There's a motion to -- Commissioner Sanchez: Second. Vice Chairman Teele: -- reappoint Maud Newbold. Is there a second? Is objections? All those in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All opposed? And the item is unanimously adopted. The following motion was introduced by Commissioner Gonzalez, who moved for its adoption: MOTION NO. 03 -3 60 A MOTION APPOINTING MAUD NEWBOLD AS A MEMBER OF THE VIRGINIA KEY BEACH PARK TRUST. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Commissioner Sanchez: Thank you. Vice Chairman Teele: And is the Mayor's Office available; if the Mayor would like to weigh in on this? Are you all -- the Mayor's Office is indicating that the Mayor will reappoint Mr. Tinnie. You want to put that on the record? Push down. Probably need to kill this mike over here. I think the probably left that one on. 68 April 10, 2003 Francois Illas: Francois Illas, Mayor's Office. Yes, Gene Tinnie is -- we'd like to reappoint. Vice Chairman Teele: Is there a motion by Commissioner Regalado? Commissioner Sanchez: Second. Commissioner Regalado: Yes. Vice Chairman Teele: Is there a second by Commissioner Sanchez to reappoint Mr. Tinnie on behalf of the Mayor? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All opposed? The item is adopted. The following resolution was introduced by Commissioner Regalado, who moved for its adoption: RESOLUTION NO. 03-361 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Vice Chairman Teele: This is one of the few boards that's gotten all of its members appointed at one time. 12. APPOINT ANTHONY CANTEY AS MEMBER OF OCCUPATIONAL LICENSE EQUITY STUDY COMMISSION. (See #50). Vice Chairman Teele: We're advised by the Attorney's Office that if we don't do something similar to this today regarding the Occupational License Board, we're going to have a serious 69 April 10, 2003 problem, so I'm respectfully requesting that all Commissioners check with their staffs and look at whether or not we can make appointments later on this afternoon. Commissioner Regalado: (INAUDIBLE) my appointment? Vice Chairman Teele: To the occupational license. I won't hold you up. Go right ahead, Commissioner. Commissioner Regalado: Anthony Cantey. 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: All opposed? The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 03 -3 62 A MOTION APPOINTING ANTHONY CANTEY AS A MEMBER OF THE OCCUPATIONAL LICENSE EQUITY STUDY COMMISSION. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Vice Chairman Teele: Is there -- are there any other appointments to the Occupational License Board? What number is there? Commissioner Regalado: Number 28. Vice Chairman Teele: Number 28. 70 April 10, 2003 13. RELATED TO HISPANIC DEVELOPMENT INITIATIVE BOARD OF AMERICAN CANCER SOCIETY'S "REVELO POR LA VIDA 2003" (RELAY FOR LIFE) EVENT FOR CANCER SURVIVORS AND CANCER PREVENTION AND AWARENESS ON APRIL 26TH AND 27TH AT ORANGE BOWL; AUTHORIZE WAIVER OF FEES, $6,933.50, FOR USE OF FACILITY, POLICE AND FIRE -RESCUE, AND OTHER WAIVEABLE FEES Vice Chairman Teele: OK. Well, we'll just move right on into the other items. Commissioner Sanchez had requested Item 4. Chairman Sanchez: Mr. Vice Chairman, we have a representative of the American Cancer Society. The gentleman's been here since 9 o'clock this morning. If we could get him to come up and we could get him out of here as quickly as possible. Vice Chairman Teele: Without objection. That is on the blue pages for -- Commissioner Sanchez: Yes, sir. Vice Chairman Teele: -- you? Commissioner Sanchez: One of my blue pages, sir. Vice Chairman Teele: One of the blue pages for Commissioner Sanchez, District 3. Thank you. Gilbert Baerga: Good afternoon, Commissioners. I'm representing the American Cancer. My name is Gilbert Baerga. Chairman Winton: (INAUDIBLE) get closer. Commissioner Sanchez: The mike's not on. No, the mike's not on. Chairman Winton: Yeah, it's on, it's on. Mr. Baerga: It's on. Is that better? My name is Gilbert Baerga, 3901 Northwest 79 Avenue. I'm representing the American Cancer Society, our Hispanic Development Initiative. The goals and objectives of the Hispanic Development Initiative of the American Cancer Society is to provide information on cancer awareness and prevention through programs and events. On April 26, we are holding Relevo por la Vida event, which is basically our Relay for Life event honoring cancer survivors and educating our community on cancer prevention and awareness. We will be having the mammo van out there doing free screenings for breast cancer. We have the support and participation of Jackson Health System, Mercy Hospital, San Juan Bosco Clinic, the YWCA (Young Women Christian Association), and many other community organizations. The Hispanic Broadcasting System; Univision, which have sponsored a media campaign for this event, will cover -- promote the event for the general public from a healthcare perspective. Beginning the week of April 21, Dr. Maritza Fuentes, the health anchor for Univision, will 71 April 10, 2003 devote her programs to cancer awareness. I've included in your packets information on the event, and I'm respectfully requesting a waiver of facility fees, and police, and fire rescue. Commissioner Sanchez: Yes. Mr. Chairman, this is an event that's going to be held at the Orange Bowl, and they're requesting for fee waivers. Total expense is, I believe, $6,933.50. Vice Chairman Teele: How can you be against it? Commissioner Sanchez: How -- exactly, so I'm prepared to make the motion -- Commissioner Gonzalez: Second. Chairman Sanchez: -- to waive the fees. Vice Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All opposed? The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-351 A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO THE REVELO POR LA VIDA EVENT SPONSORED BY THE AMERICAN CANCER SOCIETY, TO BE HELD AT THE ORANGE BOWL STADIUM ON APRIL 26-27, 2003; AUTHORIZING A CASH GRANT, IN AN AMOUNT NOT TO EXCEED $6,933.50, FROM SPECIAL EVENTS ACCOUNT NO. 001000921054.6.289, TO BE TRANSFERRED TO THE BUDGET OF THE ORANGE BOWL STADIUM FOR THE WAIVER OF FACILITY FEES AND THE PROVISION OF POLICE AND FIRE -RESCUE SERVICES FOR SAID EVENT; CONDITIONING SAID AUTHORIZATIONS UPON THE SPONSORS: (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. 72 April 10, 2003 Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: None. Vice Chairman Teele: Congratulations. Thank you very much. 14. APPROVE 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); MANAGER TO NEGOTIATE PROFESSIONAL SERVICES AGREEMENT WITH GALLAGHER BASSETT SERVICES, INC., FOR PART I AND PART II SERVICES; MANAGER TO NEGOTIATE AGREEMENT WITH PREFERRED GOVERNMENTAL CLAIMS SOLUTIONS (PGCS), FOR PART III SERVICES. (See #4). Vice Chairman Teele: All right, Commissioner Sanchez, you're on. I guess this is the issue relating to the insurance. Commissioner Sanchez: Yes, sir. It's Item 4. Vice Chairman Teele: Is Mr. Cox in the audience? Good. Don't wake him up. Let him -- Commissioner Sanchez: I believe, in all fairness, we should listen to both sides. Although we have heard this argument before, we should allow both sides to have equal opportunity to present their case. Vice Chairman Teele: Well, Mr. Cox is in the audience and -- Mr. Cox, just take a seat. We're going to hear from -- and I think they're asking everyone to use this podium at this time. Stuart Myers: Well, my name is Stuart Myers. I'm an advisor to the City Manager. We had this discussion at the last meeting, and it is our hope to enter into contract negotiations with the number one bidder for third -party administration services, the Gallagher Basset firm. This decision will displace 11 City employees, of which three are protected, leaving eight non - protected employees, with four of which have roll back rights. Now, the savings to the City should be in excess of half a million dollars from Risk Management budget in the first year, plus the benefits of a professional claims staff handling the claims that will give us ability to recover 73 April 10, 2003 losses for any mistakes, at very large upgrade in systems so we'll have a better control over the data that the City is arranging, and the cost should be -- many times what we'll save in the actual costs in the claims administration fees and the costs of the claims themselves. That's what we are requesting of the City council at this time. Vice Chairman Teele: Did the Manager want to amplify or anything on -- Victor Monzon-Aguirre (Chief of Neighborhood Services): Mr. Chairman and Commissioners, this is an effort by the City administration to try to streamline the operations of our Risk Management. I know that some of the members of the Commission had a concern over how we have done this in the past. This is an outsourcing opportunity that we have, that we think will better address how we handle claims in the future. It takes our employees out of a situation dealing with workers' comp for other employees and it brings other professional -type individuals that can handle this, I think, more effectively, and that's why we propose to ask your permission to allow us to negotiate with the firm being represented here. Mr. Myers: In addition, we ought to be able to provide doctor's appointments and more timely and speedy medical services for those employees who do become injured. In addition, we ought to be able to re -deploy the uses of the Risk Management Department and their personnel to do actual safety and engineering work, on behalf of the City, to lower the number of cases and prevent accidents from happening in the first place. Vice Chairman Teele: All right. Chairman Winton. Note for the Record: Due to technical difficulties, Chairman Winton's comments were not recorded and are therefore missing from the transcript. Chairman Winton: (INAUDIBLE). Mr. Myers: Yes, sir. Chairman Winton: (INAUDIBLE COMMENTS) Mr. Myers: That's a net savings, sir. Chairman Winton: (INAUDIBLE COMMENTS) Mr. Myers: Yes, sir. Vice Chairman Teele: Further discussion? If not, we will hear from Mr. Cox and any other person in the public who would like to be heard. Charlie Cox: My name's Charlie Cox. The address is 4011 West Flagler Street, Suite 405. Good afternoon, Commissioners. I stood before you two weeks ago to oppose your plan to privatize Risk Management. I explained at that time that there were -- that the approach you were taking was the wrong approach. I explained that the problem that the City has is not with 74 April 10, 2003 its worker, but with management. I have given each of you a report concerning workman's comp claims. There are a total of 1382 open claims. There are 109 cases in which people are permanently and totally disabled. Some of these cases go back to 1957. Just on the first page of this report, it shows that over five and three quarter of a million dollars has been paid on these claims. These claims will continue to be paid until the injured worker dies. There are 33 pages of claims. Please take a moment and look at the report. This is where millions and millions and millions of dollars have been spent and will continue to be spent. There is no way that Gallagher Basset, or anybody else, is going to save you money on these claims. You have a knowledgeable work force. The only way to stop paying these claims is to have settled them for a lump sum years ago or to have had stop loss or reinsurance. It is not the workers who decided not to buy reinsurance. It was not bought until 2001. Even then, it only kicks in for losses greater than $350,000, and you still have to pay those claims. Your self-insurance ordinance provides that there will be a Self-insurance Committee. Why don't you ask the Manager for the report of the Self-insurance Committee? Ask to see the minutes of the Self-insurance Committee. Ask the Manager, the Director of Finance, and the Insurance Manager about the board of trustees of the Self-insurance Program. They're supposed to meet and invest the money. Why don't you ask them what the investments have been over the last 20 years? Do you really believe that you have an insurance program that does not have reserves and money properly invested? Mr. Myers told you that he did not agree with my numbers. The numbers are directly from Gallagher Basset's proposal and the City's salary report. Both are included in your package. Mr. Myers assures you that this program will save you money. Make him show you how. The numbers don't show a savings. These old claims are not going away. You're not going to solve this problem by displacing employees and privatizing Risk Management and by sending the hard earned tax dollars to Illinois. This Commission and administration after administration does not pay attention to safety. If you want to reduce workers' comp claims and reduce general liability claims, then you have to concentrate on safety. As long as you have workers getting injured and the users of the City's facilities getting injured, you will have claims. Stuart Myers, the Manager's advisor on risk management issues, stated I was right about safety. He stated that under the plan, the number of employees devoted to safety would triple. I assume that means from one to three, but there's nothing, and I repeat, nothing in this proposal or any other proposal about workers' safety. Gallagher Basset did not mention it, as if it was not important. All the proposals were viewed by a fancy evaluation committee, who is supposed to have special expertise in the area of insurance. And what did these fancy evaluators do? They overlooked the fact that there is nothing in their proposal about safety. The Manager tells you that there will be a comprehensive safety program, but it has been completely overlooked. What kind of due diligence is this? The Evaluation Committee is supposed to evaluate the responses of the bidders and make recommendations about which company will best meet the City's needs. I asked two weeks ago that the City's needs were safety, safety, and more safety. Mr. Myers agreed, but yet, his Evaluation Committee does not even point out to you that none of the bids deal with safety. I have always believed that when you're going to build a house, that that house have a firm foundation. I do not believe that you should have built a house on sand because houses built on sand will crumble. The foundation for an effective and cost effective Risk Management program is safety. Commissioner Sanchez stated at the last meeting that this is one of the most important issues the City faces. Yet, you're being asked to make a decision without there being a foundation. Let's talk a little more about due diligence. The first thing that the Pension Board asked a money manager, who is competing for business, is whether they have any SEC (U.S. 75 April 10, 2003 Securities and Exchange Commission) violations or whether they have been sued. The RFP (Request for Proposal) never even asked this information. Wouldn't you think that your Evaluation Committee would look into this? Isn't this part of due diligence? If your Evaluation Committee had looked into it, they would have told you about a case pending against Gallagher Basset in the United States District Court in which Reliance National Indemnity Company sued Gallagher Basset. In that case Reliance National Indemnity Company, an insurance company, stated that it had issued a workman's comp policy to an employer. It also states that the insurance company entered into a contract with Gallagher Basset, in which Gallagher Basset was supposed to service claims. The claim alleges that a worker was injured on the job. It also charges a worker filed a claim for workman's comp benefits, which Gallagher Basset denied. Then the worker filed suit against this employer in State court. The complaint alleges that Gallagher Basset failed to give notice about the suit to the insurance company that it was working for, and the case went to trial undefended, and the employer won a verdict in excess of five $584,000. The insurance company settled the claim for $300,000 and asked Gallagher Basset to repay it. If an insurance company had sued Gallagher Basset, why don't you ask Mr. Myers or the evaluating committee about that claim? Now, I don't know if Gallagher Basset did anything wrong, but isn't this something that should be looked into? Also, what about the case of Guyer versus Gallagher Basset, in which the plaintiff claims that he was injured while working on a defective ladder and Gallagher Basset, which was a claims servicing agent for the employee, neglectively failed to identify document and/or preserve the ladder. Gallagher Basset is charged with displacement of evidence, a very serious charge. There are other cases in which Gallagher Basset has been accused of failing to pay workman's comp claims, even after a judge has ordered them to do so. These are only cases from South Florida. What about the cases around the country? I can't believe that you don't even ask Gallagher Basset if there are any other lawsuits against them. What does this say about your evaluation committee? In this day and age, with all the wrongdoings by large corporations, who have to do due diligence, why wasn't it done? Nobody on your evaluation committee is from Miami. Only one is from Florida, and that person is from Palm Beach County. One of the other two evaluators is from New Jersey and the other one is from New York. We had to go all the way up there to find people? We couldn't find anybody locally? I'm not accusing Gallagher Basset or their evaluating committee of wrongdoing, but I am accusing the evaluating committee and the administration of not doing their homework. I think you need to ask Mr. Myers if any of his corporations or any of his partners do business with Gallagher Basset. And why was Mr. Fixler on the evaluating committee, when he had a consulting contract with the City? He was paid 10,000 per month. The City also paid his housing and travel, even though it was not included in his contract. Mr. Patello has already written a letter to Rosalie Mark seeking to work for this City. What is going on here? Why did this evaluating committee not ask about safety? Why did this evaluating committee do such a poor job? I'm just a lineman, but you don't have to be a businessman or even a City Commissioner to know that shortcuts were taken. Just for the sake of argument, say you could save half the salaries in Risk Management. That's about three hundred and twenty thousand. And half the salaries in general liability. That's about a hundred and five thousand. You will still have to keep some of the employees to watch the hen house. Gallagher Basset guarantees that what -- they will save you money, but ask yourself how. The Request for Proposal specifically requires that the proposal discuss, in detail, the overall work to be performed. The Request for Proposal also requires that the proposal describe procedures and systems to be utilized. It also requires that there be a detailed timetable identifying significant 76 April 10, 2003 milestones for the smooth transition of the operation. When it comes to safety, none is included. Gallagher Basset was recommended to you, even though their bid was non-responsive and didn't include that, which this City was essential to the evaluation of bids. When is anybody going to wake up and smell the roses? This problem is not going away by displacing employees and privatizing Risk Management. We keep hearing that the City is going to be operated with sound business practices. The business practices followed here can be called a lot of things, but "sound" is not one of them. If you pass this proposal under these circumstances, the message is clear. You will give the taxpayers' money away, even if it doesn't make sense. Thank you. Commissioner Regalado: I have a question. Mr. Cox: Yes, sir. Note for the Record: Due to technical difficulties, Commissioner Regalado's comments were not recorded. Mr. Cox: Yes, sir. Commissioner Regalado: (INAUDIBLE COMMENTS) Mr. Cox: I'm sorry? Commissioner Regalado: (INAUDIBLE COMMENTS) Mr. Cox: Absolutely not. And you know what? I don't think the City did either, because you've hired a new director. You got rid of the other director. But, you know, everybody keeps talking about we're hiring new people, expert people, and we're not giving anybody a chance. We're just saying, let's get rid of it. But you know what? If this doesn't prove to you that the private industry makes mistakes, too, I don't know what the hell does? Excuse me. What the heck does. Commissioner Regalado: (INAUDIBLE COMMENTS) Mr. Cox: You got shots at me? Commissioner Sanchez: I have the utmost respect for you, Charlie. I'm not going to take any shots at you. You know that. I don't agree with you, but -- Chairman Winton: (INAUDIBLE COMMENTS). Mr. Cox: What's that? Chairman Winton: (INAUDIBLE COMMENTS) Mr. Cox: Absolutely. And I got that straight from the City. Chairman Winton: (INAUDIBLE COMMENTS) 77 April 10, 2003 Mr. Cox: OK. Chairman Winton: (INAUDIBLE COMMENTS) Mr. Cox: Yes, sir. Chairman Winton: (INAUDIBLE COMMENTS) Mr. Cox: Yes, sir. Chairman Winton: (INAUDIBLE COMMENTS) Mr. Cox: I would imagine. That's the way I read this report. Remember, this is a City report, not mine. This is straight from Risk Management. Chairman Winton: (INAUDIBLE COMMENTS) Mr. Cox: Yes, sir. Yes, sir. That's the way I read this report. Chairman Winton: (INAUDIBLE COMMENTS) Mr. Cox: Yes, sir, these are active cases. Chairman Winton: (INAUDIBLE COMMENTS) Mr. Cox: There's a bunch in there picking up paper, too. Chairman Winton: (INAUDIBLE COMMENTS) Mr. Cox: Yes, sir. And you know what? I will tell you, as a union president, you've got somebody that abuses a workman's comp system, Buddy, I guarantee you, this union president will not defend them. Chairman Winton: (INAUDIBLE COMMENTS) Mr. Monzon-Aguirre: I would imagine so, Commissioner, but I'll let the consultant speak to that. Mr. Myers: Yes, sir. There will be -- the claims will be in three different stages, sir. First, the new cases will roll over. Then, after a 30 or 60 -day period, during which time we'll try to get rid of as many of these cases as we can, the rolling cases will go. The City will keep within Risk Management the 109 permanent/partial cases that Mr. Cox was talking about. There isn't much that can be done about those cases at this time, except to continue to pay them, and we don't plan to outsource those cases, and we'll monitor them from inside Risk Management. What we hope to accomplish is to not get so many more of those as we go forward. 78 April 10, 2003 (INAUDIBLE COMMENTS) Mr. Myers: There -- yes. We are -- yes, we are looking -- as a matter of fact, there's just so much you can do with those cases at this juncture. As long as -- those people have already been assessed as permanently/partially disabled, and they need to be paid until you can prove that they've either passed away or that they have had a miracle and have been rehabilitated. (INAUDIBLE COMMENTS) Mr. Myers: Yes, sir. (INAUDIBLE COMMENTS) Vice Chairman Teele: In other words, if that person is jet skiing every weekend in the Bahamas, there's nothing we can do? Vice Chairman Winton: Or snow skiing in Colorado? Vice Chairman Teele: Or snow skiing in Colorado? Mr. Myers: If they have been adjudicated as permanently/partially disabled as a result of their employment in the City, we need to continue to pay them their workers' comp benefit, sir. Vice Chairman Teele: Commissioner. (INAUDIBLE COMMENTS) Mr. Myers: If he was working at the time, sir. (INAUDIBLE COMMENTS) Vice Chairman Teele: Commissioner Gonzalez. Commissioner Sanchez. Mr. Myers: There are a few other things that Mr. Cox indicated that I think I ought to make sure we clear the air. I've got no affiliation, of any kind, in any of my businesses with Gallagher Basset. As a matter of fact, they were a competitor of mine when I was working full-time, so there's no connection there. Commissioner Gonzalez: So, actually, there are many of these claims, there's nothing we can do about? We're going to have to keep paying -- Mr. Myers: The first 109 claims -- actually, it's 111, I believe, is the current number. The 111 permanent/partial disabilities, all we could do is pay them. They are -- the balance of the cases fall into categories where good hard work can mitigate those damages on behalf of the City, and Gallagher will do that for us. 79 April 10, 2003 Commissioner Gonzalez: I just have a simple question. One of the problems that I see here is that we are self-insured and we pay for this, and let me tell you. I was a private investigator for over 18 years and some of the work that I did was to find -- to follow these type of claims. Mr. Myers: Yes, sir. Commissioner Gonzalez: And you don't want to know how many people that were collecting these type of benefits I got working, and I got them changing tires and I got them doing things that supposedly, because of their injuries, they could not do it. But when it is -- when you have an insurance company that is making these payments, the insurance company make sure that they hire investigators, and they give these cases to investigators to follow up on -- to conduct investigations to see if the injuries are true or not. So, actually, what I see is that whoever -- whomever was administering this program for years and years and years was doing a very, very, very lousy job. Mr. Myers: Yes, sir. And I couldn't agree more that, for some of those 111 cases, that is an indication of some claims handling that was not nearly aggressive enough. Commissioner Gonzalez: And another thing. What you just said, you know, that we have a hundred and some cases here that there is nothing we can do about that. We have to pay them until they die, OK? Well, I was going to say something that is not proper. The other cases, you say that the only remedy is to settle. Mr. Myers: No, sir. No, I didn't say that. I said that we hope to -- a lot of the hard work that you're referring to, people sending investigators out, working in these files, all has to happen early on in the case. Commissioner Gonzalez: Of course. Mr. Myers: So, if you will -- Commissioner Gonzalez: After 10 years, there's nothing we can do. Mr. Myers: There's not much we can do, so we are going to break these files into two buckets, as I said. The new cases that come in, Gallagher will handle right away and be very aggressive with them. The second bucket are the outstanding cases, not including the 111 permanent/partial disability cases. We will work diligently on those files to see what we can dispose of those files, so that we don't have to turn those over and incur any costs associated with those claims. Put an end to them. Commissioner Gonzalez: But, still, we have a hundred and some cases. There is nothing we can do about those. Mr. Myers: That's correct. 80 April 10, 2003 Commissioner Gonzalez: Still, there's a lot of cases here that you're going to try to settle, and if we go back, I believe, almost a year ago, I said, listen, you know, it makes sense to settle these cases and pay these people, you know, half a million dollars and get them off of this -- remember, Johnny? Vice Chairman Winton: I remember. Commissioner Gonzalez: Then keeping -- then paying them $100,000 a year or two $200,000 a year for the next who knows how long? Fifty years. If the people is 27, we'll pay them for 70 years, probably, so to me -- actually, to me, I don't see -- you're not enlightening me with anything new, that I don't -- that I don't, you know -- Mr. Myers: The thing that will, I think, be of great benefit -- Commissioner Gonzalez: It's going to be part of your contract or whatever, if this Commission decides to vote on that, is going to be to investigate these cases? Mr. Myers: Yes, sir. Commissioner Gonzalez: And go out and have investigators follow these people and make sure that they're really injured and take them to court, if need be? Mr. Myers: Yes, sir. Commissioner Gonzalez: OK. Mr. Myers: One of the great benefits of this will be the reallocation of the effort of the Risk Management Department, instead of handling every single case day to day to day and all that grunt work, they can direct their energies to solving those kinds of problems. Vice Chairman Teele: Commissioner Sanchez. Commissioner Sanchez: Mr. Manager, Risk Management has been an issue that we have been addressing for four years. When I first got here to the City Commission in 1998, we reviewed the City's books and when we found out that we had close to 2,930 some cases open and 3,100 employees, many of these employees with multiple open claims, the City's spending close to ten to twelve million dollars and you're talking about throwing taxpayers' money out the window. Risk Management that was mismanaged, way out of control. People that were running that department did not even have the adequate experience to run that. In other words, the City had no business in managing -- claim management. We needed to get out and start taking a more proactive step. I have argued until I'm blue in the face for four years on this issue, and each and every one of you who has been here knows it. It was like swimming against the current, and I'll tell you why -- and I don't want to offend anybody, but it was a topic that nobody wanted to touch and everybody wanted to look the other way, and I grabbed that, as we say, a hot potato, because it was a hot potato and we needed to address the issues. Well, it was very hard for us to correct this ill mistake in this community because we had people that came from within the 81 April 10, 2003 system that did not want to change the system, so, it was very hard, and I'll give you a perfect example on the hundred and some cases -- on the permanent disabled cases, Johnny, and I want you to listen to me. It took me getting almost into a very heated argument with one of the administrators to pick four cases -- for them to pick the four cases, not me, and they picked four cases, and they hired private investigators to go and investigate these four cases, and those four cases came back, when the company came back and reported that two out of the four, 50 percent out of 100 percent disabled, were getting a hundred percent disability from the City of Miami, plus 70 because it's tax free -- and one of them working for the California Forestry Department. The other one working at Hialeah Race Track. OK. I'm not saying that every City employee who gets hurt -- we have a responsibility to take care of them. We have a responsibility to provide the safety equipment and educate them so they don't get hurt, but then there's that certain percent that abuses it and messes it up for everybody else, and then, of course, just like you got accused now, I get accused of taking kickbacks from the firm that I work because we hired the other firm and that was personal, and it should -- I didn't say it was you, but I was accused. It was in the paper and that's the truth, but it's not about taking it personal. It is about a more efficient and productive government. The Mayor, in his State of the City Address, his focus that we need to be a more efficient and productive City. That is one area that, if we really focus on -- and, Charlie, I have the utmost respect for you, and I would be on your side fighting for you if the word "termination" came out, but no City employees' losing their jobs. All that we basically -- all that this does is it allows the Manager to go out and negotiate with a firm, whether we go either per claim or a flat rate. I think per claim is a more advantageous to the City looking at it, but here we are -- we're in a situation today where if we don't make a change, we're going to continue to be throwing away taxpayers' dollars, and I don't want to use another word for it, so I don't see -- I mean, I don't -- I think that the unions should be at the table with us finding a way to find a reasonable solution to this problem that we all know it's a big problem, because nobody's going to lose their jobs here, Charlie, and please, get up -- somebody's going to lose their j ob? If you think somebody's going to lose their job, then you should let me know who's going to lose their jobs, because I don't -- I don't read the word "termination." Replacement or being transferred to another department. I honestly think that the City has no business in Risk Management. We have no business claiming -- managing any claims, and the situation that we're in with the hundred and something cases that we can't do nothing about, you know who we have to blame? The City of Miami for allowing it to continue for so many years. For the first time, for the first time I feel that the new administration -- I'm swimming with the current and not against the current on this issue, because it's a tough issue. It's a very tough issue to be the champion on because the unions are going to be against you. People are going to be against you. They're going to think, "Hey, you know, it's not going to be advantageous to the City," but at the end of the day, we have the opportunity here to one, run it more proficiently, significant savings and emphasize and putting more money into safety to make sure that we don't end up getting more claims. We're down to how many claims now, a thousand three hundred and something? Mr. Myers: There are eleven hundred and some odd open claims as of -- Commissioner Sanchez: And we got to those claims because -- you know what happened with the past administrator? They went out there and they threw money out the window to close claims because, "Oh, as long as we close claims, the Commissioners are going to think we're doing something." Well, it doesn't do any good if you go out there and you throw money out the 82 April 10, 2003 window to close claims. It's not about closing the claims. First, it's about providing the service to the City employees that are hurt, making sure that they get rehabbed and they get -- come back to work, and the other is to make sure that, at the end of the day, we provide better service to our City employees, a more professional service, and significant savings to the City, and today is where, you know, the buck stops here and we need to vote on this to make sure that City changes its old ways when it comes to Risk Management. Once again, we have no business, no business in risk management. Thank you. Commissioner Gonzalez: All I can tell you, Commissioner Sanchez, is that in any field that has to do with health care, insurance claims, Medicaid, Medicare, there is a lot of fraud, but there is only -- not a lot of fraud only on the injured person, but in many, many people around the entire system, that include -- even include professionals, OK, professionals that are willing to extend the case, extend the case for a year, and extend the injuries for two or three years because you, Mr. City Attorney, as an attorney, know that the calculation on a settlement on a case of an injury is a multiplier factor of the cost of medicine, plus the cost of attorney, plus a multiplying factor in order to get a settlement on the case, right? So, there is many, many, many, things involved in this world of insurance and coverage and so on. So, you know -- Vice Chairman Teele: Mr. Cox. Mr. Cox: Yeah. I'd like to respond to one thing, if possible. The only thing I'm doing is asking you to open that folder that I gave you. In the back you will see their price. This is their book. Their prices. They originally told you a week ago, two weeks ago, that they're only doing cases forward. Now, he stands here and tells you they were going to go back and do cases, OK? I will tell you -- and I will be back here one year from now -- Vice Chairman Teele: What he just said, that the outside -- Mr. Cox: The 109 is the only one he's talking about not touching, OK. Now he's saying that we're going to go back and look at some of these cases also. There are other issues -- I will tell you that we're using a magic carpet numbers, and a year from now, I'm going to come back -- because I will follow this, and then I know how to add and subtract a little bit, not a lot, but just a little bit, and I will also tell you that every person in Risk Management today, except for one, has every single license there, and you've got a director that can dispute me if she thinks I'm wrong. They are all licensed. Some of them are licensed both in risk and liability. Now, he says to you that -- you know what, Commissioner Sanchez, I wish that when you did this with four cases two, three years ago, I wish you would have went out there and kept this going and done it for 100, 200, 300 cases, because this is what -- we're blaming all of this on the employees. They went out. They hired qualified people to do this job. They have to be licensed. They can't be here without being licensed. You hired a new director to put you in a different direction. When you displace people -- and he sat here and told you there's 11 people that -- that we're not going to do this anymore. There's down to four, because some have roll back rights, some are protected. You know what? People are going to go out the door in this. From my understanding, you've got two temporaries there that are supposedly great in Risk Management. You've got temporaries you're paying $45,000 a year for. You know what? Take your claims and let them negotiate it. You're talking about -- oh, yeah, we'll send out private detectives. 83 April 10, 2003 We're going to do that? Go to the book that they put here and what charges are covered? They're not covered to send out investigators. They're not covered for any of these things. Read it in the book. Vice Chairman Teele: But, hold on. Mr. Cox: Don't play the magic carpet numbers. We've been through that for many years with this City, and that's all we're playing. Vice Chairman Teele: Mr. Cox. Mr. Cox: Yes, sir. Vice Chairman Teele: Mr. Cox, let me be clear. Are you representing that the contract that's before us now does not have private investigative services as an element that is going to be built into the price structure? Mr. Cox: No. You have to pay extra for that. Vice Chairman Teele: OK. Could I hear from the consultant? Mr. Myers: Yes, sir. Investigative services are handled as an allocated expense to the file, outside the contract. The City currently buys those services outside their employees anyway, almost all the time, so there is no difference in the number that's I have -- that I've shown you and that I've talked about, the number of investigations that are done is no extra cost to the City. If we did 10 investigations this month -- Vice Chairman Teele: Sir, it's my question. Mr. Myers: Yes, sir. Vice Chairman Teele: I want my answer. Mr. Myers: What was your question, sir? Vice Chairman Teele: Does the contract that is before us today contain in it, as a part of the base services -- Commissioner Sanchez: There's no contract. Vice Chairman Teele: -- the investigative services that they will be performing? Mr. Myers: No, sir. Commissioner Sanchez: Commissioner Teele. 84 April 10, 2003 Vice Chairman Teele: If we recognize -- well, let me can ask you a different question -- question a different way. Can you break out how much money we spent over the last fiscal year for investigative services and approximately how many cases? Mr. Myers: I don't have that number don't have that number off the top of my head. (INAUDIBLE) Commissioner Sanchez: State your name for the record. Diane Errickson: Diane Errickson, Director of Risk Management. We can get that number, but we don't have it here today. Mr. Myers: What we would -- I don't mean to interrupt you, Commissioner. Vice Chairman Teele: Because you are interrupting. Because, you know, I'm not -- there's only one thing that Mr. Cox has said that has traction with me, and that is the integrity of this process, and it's very clear to me that something was afoot, something was amiss. Worker come is clearly a state by state by state issue. Every state is different. The rules of workers' comp are totally different in New Jersey from New York and totally different from New York and Florida. Therefore, having so-called experts on a panel for a Florida workers' comp from New York and New Jersey, to me just -- to my common sense -- I don't want to -- you know, that just doesn't make sense, because I know workers' comp is so geograph -- it's like marriages. It's state law. It's not pursuant to any federal standard or federal law, and if you' looking at workers' comp in Florida, you certainly want to look at workers' comp experts to evaluate firms that do this business in Florida. That's not to say that national firms can't do it, but if we've all agreed on one thing, that the real challenge is on how we open these files and how aggressive we are in the investigative services in the matter in which these new claims are pursued and say, the first 180 days, and if we've also agreed, at least Mr. Monzon has proffered that the firm will be looking primarily at new cases going forward, and if the new firm that's coming on doesn't have in their base price workers comp -- doesn't have in their basic proposal the investigative services -- I'm well aware that we're spending money for investigative services as a part of our ongoing process, but it just seems to me that the next thing we're going to be say is either A, the work -- the investigative services are not being done to our standard, or the new firm or the investigative services that we have been using to date are inadequate, or they don't have the right techniques, and therefore, Mr. Cox's argument has a little bit of traction there on the investigative services. I would have thought that if the management proposal is to look at new claims with an outside firm, which I'm inclined to do, which -- I mean, I'm inclined to support, it would be an all encompassing proposal and not leave out what everybody keeps saying is a critical component. Mr. Myers: The decision to investigate a claim will be in the hands of the Director of Risk Management, every single case, so it would be unfair to try to build in a price for an unknown number of investigations, when it's the director's choice -- Vice Chairman Teele: I understand that, but are you saying that the firm that we're hiring will not do those investigations -- 85 April 10, 2003 Mr. Myers: No, sir. Vice Chairman Teele: Or another firm will? Mr. Myers: They will do those investigations. Vice Chairman Teele: But the price of that is not included? Mr. Myers: Well what we're asking the Commission to do today is to allow us to go forward with a contract and we'll -- we will negotiate a cross -- an hourly cross for investigations, which is how we're paying for it now, sir. Alejandro Vilarello (City Attorney): Mr. Chairman, if I could help? This resolution simply requests authorization for the Manager to negotiate and bring back an agreement for the Commission's approval. Vice Chairman Teele: I just don't see -- Mr. Myers: In your package -- Vice Chairman Teele: I'll tell you what defies logic. If we know how much money we're going to save -- we keep saying how much money we're going to save. Now, just think about what you just said, Alex. Just think about that for a minute. There's got to be an assumption -- I mean, you know, even -- one and one, you've got to assume -- do you understand what I'm saying, Alex? Mr. Vilarello: Commissioner, I certainly do, but you need to address that question to Mr. Myers, because he's made that assumption. Vice Chairman Teele: Something ain't right. Commissioner Gonzalez: I was going to refer to that, because it was stated here that we were going to have a savings of a $500,000, OK? And actually, what we are authorizing here now is to go out and negotiate with a company, so for sure, we're not saving $500,000. We don't know how much we're going to save. We may save a million, but we may save a hundred thousand, and on top of that, then an allegation was made by Charlie that the investigative cost was not included in this supposed contract, and you said your fact is not included. Mr. Myers: Yes, sir. Commissioner Gonzalez: And Charlie just mentioned something that really, you know -- that really hit me, and the fact is, I don't know what route the administration is going and I hope, for all God sakes, that they're going to correct route, but we are firing City directors right and left because supposedly, they were incompetent and they were not doing a good job. We're bringing new people into the City and, in some cases, paying more salary than the previous director, and 86 April 10, 2003 on top of that -- if we have a director that wasn't doing a good job and we decide to fire that director and we bring someone -- some super star that is going to do a perfect job, well, I expect that director to be able and to be capable and to be prepared to do the job. Well, we are going -- we are hiring these directors and then we're hiring a consultant that we pay "X" amount of money, five hundred thousand, seven hundred thousand, three hundred thousand so the consultant advise the new director how to run the department. Let me tell you. That got me -- that has me a little bit confused, and I'm going to need to -- I don't know -- go back to college and take some more courses in administration or something, because this -- Vice Chairman Teele: All right. Commissioner Gonzalez: It doesn't function. Vice Chairman Teele: We're not going to take this on. Is this going to -- if this passes, is this going to come back in the form of a contract? Commissioner Sanchez: Yes, yes. Mr. Monzon-Aguirre: This is only asking for the opportunity to negotiate terms and conditions, which will give us a full menu of prices. We'll present it to you, and I think that it would be for you to be able to fairly evaluate it or compare it to what's it's costing us now, relative to claims handling. We're not talking -- Vice Chairman Teele: But, Mr. Manager, the concern that at least two of us had here, and anyone who listens to this may have, is how can you represent you're going to save this, you're going to save that, et cetera, et cetera, et cetera, if you've not negotiated a contract? And that's -- you know, I don't need to have that explained. That's just, you know, difficult -- Mr. Monzon-Aguirre: Well, Commissioner, as I said to you, we're going to come back with hard numbers and show you the comparison of how we come to this savings so you can be -- Vice Chairman Teele: Who does the investigation now? Ms. Errickson: Sir, I don't know the names of those companies off the top of my head. Vice Chairman Teele: Do they have contracts with us? Ms. Errickson: No. Vice Chairman Teele: They don't have contracts? Ms. Errickson: No. Vice Chairman Teele: How are they doing the work, pro bono? 87 April 10, 2003 Mr. Vilarello: I believe each investigation is done and each work is assigned on a particular file, and that investigative company will -- Vice Chairman Teele: I'm asking a basic question, not how do they get the work. Do we have an investigative company under contract with the City now? Mr. Vilarello: Not that I'm aware of. Vice Chairman Teele: Have we had an investigative company under contract in the last year? Mr. Vilarello: No. Not that I'm aware of in the last five years. Vice Chairman Teele: How long have we had a consultant on board advising us? I mean, see, the thing that bothers me, everything -- if you take everything that everybody's saying as true, it seem to me like the guy -- the first contract out the door ought to be the private eye, the guy who's really -- I mean, that's what everybody's saying is what went wrong, when you look at the old files. We weren't aggressive enough on those -- Mr. Vilarello: You should not -- I'm sorry, Commissioner. If I may, and I don't want to jump in on an issue that's really not my issue; however, investigators are retained for the purposes of investigating files. You shouldn't take the fact that we haven't had an agreement with the company that files aren't being investigated and private detectives aren't being hired to investigate particular (INAUDIBLE). Vice Chairman Teele: But what -- by what authority does someone hire without a contract? Mr. Vilarello: They hire under the Manager's authority, under Risk Management, self-insurance trust fund. Vice Chairman Teele: They hire -- say that again. Mr. Vilarello: They retain, on an hourly basis, investigators, pursuant -- under the self-insurance trust fund? Vice Chairman Teele: In excess of forty-five hundred dollars ($4,500)? Mr. Vilarello: At times, yes. Unidentified Speaker: Forty-five. Commissioner Sanchez: Forty-five hundred. Huh? Vice Chairman Teele: Further discussion by the Commission members on this item? Commissioner Sanchez: So -- well -- I'm going to move -- 88 April 10, 2003 Commissioner Gonzalez: I just want to ask another question (INAUDIBLE). Vice Chairman Teele: Commissioner Gonzalez. Commissioner Gonzalez: I don't know who to direct the question to. How much -- since you are the attorney that represents the City of Miami, you should be aware of at least if we're doing any investigations, right? How many investigations have we done in the last two years or three years? Have we done any investigations, one, two, three, zero, any? Mr. Vilarello: I can't answer that question directly. I can assure you -- Commissioner Gonzalez: Who can answer that question? Mr. Vilarello: -- that many investigations have been done on files -- Ms. Errickson. Ms. Errickson: I would have to get into the system and look on a case by case basis to tell you the answer to that question. Commissioner Gonzalez: You don't know how much investigations were done in the last three years? Ms. Errickson: No, I don't, sir. Commissioner Gonzalez: You don't -- how long have you been with the City? Ms. Errickson: February 10, sir. Commissioner Gonzalez: Do you know how much investigations we have done during your term? Ms. Errickson: No, sir, none to my knowledge. Commissioner Gonzalez: None. Ms. Errickson: None. Vice Chairman Teele: Who was there before you, ma'am? Ms. Errickson: Mario Soldevilla. Vice Chairman Teele: But didn't we have a consultant in there? Ms. Errickson: Elliot Fixter. Vice Chairman Teele: Who is he? 89 April 10, 2003 Ms. Errickson: He was the an acting -- Unidentified Speaker: He's acting -- Vice Chairman Teele: Where is he? Ms. Errickson: New York. Commissioner Sanchez: I'm prepared to make a motion, Mr. Chairman. Vice Chairman Teele: There's a motion. Commissioner Sanchez: Direct the administration to seek -- go out and seek a contract and bring it back to the Commission for final approval. So move. Vice Chairman Teele: Moved by Commissioner Sanchez. Seconded by Chairman Winton. This is not a public hearing. If you want to make a brief statement, we'll allow you to. Mr. Cruz: Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I was here several years ago when Frank Rollason was Director of Risk Management and I say same thing I'm going to say now. At the time he said there was no problem. Then, that same week in the Herald, on Sunday, came an article about the people with the problem. Paper cuts, falling from a choir, basketball playing, all that. That was several years back. Now, I mentioned why don't we go like the federals go? Why don't we go to the federal go? No. They got -- the federal have the second opinion on the case. If there is a doubt about a case, they send you to another doctor for a second opinion. We don't have second opinion here. No. What one doctor say, and you never retire on disability in if federal. They keep you on the payrolls, 75 percent, tax free, and that's it; and if you work, you've got problem -- if they catch you working, you've got problems. But not here. They'll go and do all kinds of jobs. You know, it's always open season on City of Miami taxpayers, always. There's no closed season. Always. We always have to pay. Vice Chairman Teele: Commissioner Regalado. Commissioner Regalado: (INAUDIBLE COMMENTS) Vice Chairman Teele: Further closing statements? Commissioner Sanchez: Call the -- (INAUDIBLE COMMENTS) Mr. Myers: We haven't negotiated it yet, sir, but I think it's three years. (INAUDIBLE COMMENTS) Mr. Myers: It will be -- 90 April 10, 2003 (INAUDIBLE COMMENTS) Mr. Myers: Yes, sir. It's our intention -- (INAUDIBLE COMMENTS) Mr. Myers: Yes, sir. It's our intention to include performance guarantees within the contract. Vice Chairman Teele: I just want to add that I really wish that the issue, Mr. Cox, would not be what you're making it, because it's not that in my mind. It's not about the employees. It's really about the management of the City's Risk Management office, and I think that is the broader issue. That is the real issue here, and to make this a referendum on employees is unfortunate, because I think we need to recognize that we have a lot of good employees in this City who work hard, but that doesn't mean that we're taking the right approach in any particular area and privatization is not, per se, a bad thing. It is a bad thing, however, if people are going to be put out of work unnecessarily, but I think Commissioner Regalado has, again, raised the issue that I want to align myself with is that, the unions in this City are only worried about their members, and the most troublesome thing of my service in the City of Miami -- and I'm deeply troubled by a lot of the policies of the City, the fact that this City Hall was just rebuilt and there was no African American contractor used or sub contracted in something like -- in a project like this. It's totally insensitive. The manner in which the County and City have gone about in putting the Free Trade Agreement of the Americas Committee together -- and I realize that they are scrambling now to try to bring in some more people to make the committee more representative, but the fact of the matter is, the committee that was -- (INAUDIBLE COMMENTS) Vice Chairman Teele: The fact of the matter is, the committee was totally not representative of this City, and those issues have a racial implication, but the thing that bothers me most about serving on this City Commission is not about a racial issue. It's about a human issue, and that is that the part time workers in this City are in the condition that Commissioner Regalado has described. We've got people that have worked for 15 years that have no health benefits, that if they get sick, they're literally out of a job, just like in depression era, and so, your plea does not reach me the way I think the union could reach me by fighting for everyone, not just your members, and that goes doubly for Fire and Police, as well as -- and Solid Waste, as well as for general employees. This is not about union issues and union rights, but you do raise -- and I think you have a very important role to play, and all the unions do -- in keeping us informed of the facts. The fact that the advisory committee -- evaluation committee is made up of New Yorkers and New Jersey, that's something that I did not know, and I assume that it's true, but that's very troubling to me, because it really shows me that something may be amiss, because that's not the way you would do a worker come panel on a Florida workers' comp provision. That just defies logic, but time will tell. I think the management deserves a right to try this out. I'm going to be looking at three things: The duration of the contract, with the performance issues. I'm going to be looking at a firm fee on an annual basis that cannot be exceeded because I think that these add-on provisions, there's more add-on provisions than there are in the base contract, 91 April 10, 2003 legal fees, investigative fees. There's about six add-on provisions, and we need to have a firm upside on it. I don't care if it's a million dollars, theoretically, but it needs to be cleared, it needs to be spelled out. The dollar amount doesn't bother me, but what does bother me is the language that the City Attorney made reference to, where there's a blank check being written to somebody and how that works, somebody's got to explain it to me, but this contract will not have a blank check. It will have an amount of money on an annual basis, it can not be exceeded by the Manager without prior permission of the Commission, and Mr. Attorney, if that language is not in the contract when it comes up, would you prepare and amendment so that I can ask that it be put on? Because what we don't want is to make Charlie Cox look like a sage, one who knew what was going to happen long before it happened, and if Mr. Cox is right, this contract could wind up costing millions of dollars to the taxpayers if we don't ensure that it doesn't. I'm going to support the Manager's right to try to restructure the risk management, but I do have some real concerns about the process. So, Mr. -- Commissioner Sanchez -- Commissioner Sanchez: Call the question. Vice Chairman Teele: -- you want to close? Commissioner Sanchez: Yes, sir Vice Chairman Teele: Call the question. You call want to -- Commissioner Sanchez: Yes, sir. Vice Chairman Teele: The question's been called. Madam clerk, call the roll. All in favor say LL " aye. The Commission (Collectively): Aye. Vice Chairman Teele: All opposed? The item is unanimously adopted. 92 April 10, 2003 The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 03-364 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE 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); AUTHORIZING THE CITY MANAGER TO NEGOTIATE A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT"), WITH GALLAGHER BASSETT SERVICES, INC., THE TOP-RANKED FIRM, FOR THE PROVISION OF PART I AND PART II SERVICES, AND SHOULD NEGOTIATIONS FAIL WITH THE TOP-RANKED FIRM, TO NEGOTIATE WITH CRAWFORD AND COMPANY, THE SECOND -RANKED FIRM, UNTIL A CONTRACT IS NEGOTIATED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH PREFERRED GOVERNMENTAL CLAIMS SOLUTIONS (PGCS), THE TOP-RANKED FIRM, FOR THE PROVISION OF PART III SERVICES, FOR A THREE-YEAR PERIOD, WITH THE OPTION TO EXTEND FOR FIVE ADDITIONAL ONE-YEAR PERIODS, AND SHOULD NEGOTIATIONS FAIL, THE EVALUATION COMMITTEE SHALL RECONVENE TO RECONSIDER ITS RECOMMENDATION FOR AWARD; DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED AGREEMENT(S) TO THE CITY COMMISSION FOR CONSIDERATION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Chairman Winton, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 93 April 10, 2003 15. WITHDRAW CONSIDERATION OF PROPOSED RESOLUTION AUTHORIZING ALLOCATION OF $1,815,133.15 OF FISCAL YEAR 2003 HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BONDS DESIGNATED FOR MODEL CITY HOMEOWNERSHIP ZONE PILOT PROJECTS. Vice Chairman Teele: Commissioner Winton, did you have some items you want to go down right -- Chairman Winton: Actually, I'd like to not take the item up, but give direction to the Manager so that when the item comes up, would be appropriate to prepare, and that's item number 25. Vice Chairman Teele: You want to defer it? Chairman Winton: No. I don't think -- well, I don't think it has to be, but it's on the CDBG (Community Development Block Grant) items. Victor Monzon-Aguirre (Chief of Neighborhood Services): Mr. Chairman. Chairman Winton: Oh, they already did. Mr. Monzon-Aguirre: We are withdrawing it. We haven't' gotten to that point, but we are withdrawing that item. Chairman Winton: Sorry? Mr. Monzon-Aguirre: We are withdrawing Item 25. Chairman Winton: Oh, OK. Well, then, let me make my point, so that when this item comes back, I don't have to deal with it then. None of you were here at a Commission meeting, I don't know, probably about two or three months ago, we passed a resolution which directed the City Manager to come up with essentially a grid as it relates to the Homeland Defense spending. In that grid we had a series of columns (UNINTELLIGIBLE), and in coming down the last column would be all the projects that were listed on the Homeland Defense Bond issue that we (INAUDIBLE) to the voters, and then we had a column that would -- and I forget now, but you'll have to help me through this, but I think there would be a column that would identify whether or not the Commission had allocated -- no. We had -- the first column would identify whether or not any of those line items were included in the first tranche of the bond issue, but I don't know which one to call that, but that's what that column would be. The second column would be whether or not the Commission has actually appropriated the funds to do the projects, and then maybe the next column would be dollars spent to date, and the last column, funds remaining to be spent. This is on every single item, and that way -- and that should come to us every time there is an agenda item that deals with the bond issue, so that we can look at the items very quickly and understand exactly what actions had been taken relative to every single one of those issues, and we don't have to ask that question when they come before us, so would you please make sure that we have that grid when this item comes back? 94 April 10, 2003 Mr. Monzon-Aguirre: Commissioner, I understand completely. In fact, as of this afternoon, I did identify -- I did see a complete schedule prepared by Capital Improvements Department already in that vein as to what projects had been identified in the first portion of the bond issue by district and how the money was allocated, and that report will be coming forward, and I understand what you want on future allocation CDBG monies to have that grid constantly with that field. You could have that question answered already. Unidentified Speaker: Mr. Chairman. Chairman Winton: (INAUDIBLE) whether who's going to (UNINTELLIGIBLE) that document. When this comes before us, we'll see the pictures of the line items that are before us; here's the actions that have been taken relative to the line items that were before us, and we've got them right in front us, and don't have those (UNINTELLIGIBLE) on our own (INAUDIBLE). Mr. Monzon-Aguirre: Right, and we'll refine it as we go along, because obviously, there's a lot of information and we can refine that to -- Chairman Winton: Great. Thank you. Unidentified Speaker: Mr. Chairman. Vice Chairman Teele: What's wrong with that mike? Can the staff figure out what's wrong with this mike? Kenneth Hanks: My name is Kenneth Hanks. I sent a letter to each of the Commissioners on the 4th of April, indicating that in the regard to Item 25 -- Chairman Winton: We need your address, please, for the record. Mr. Hanks: 1809 Brickell Avenue, Miami. Chairman Winton: Well, apparently, this item is being pulled, so we don't need hear anything, at all. Mr. Hanks: Do you realize that the City, 18 months ago, said they wanted to buy my house, and that they were going to close on it. It has been 18 months and they haven't closed my house. Its cost me $8,000 to carry the house with a mortgage and insurance and everything, and they keep - Chairman Winton: Well, where's your house? Mr. Hanks: It's up in Liberty City. I'm a rehabber who -- 95 April 10, 2003 Chairman Winton: Well, I don't think we're on that issue right now, so that's Model City's agenda item. What item is that? That has nothing to do with this -- Mr. Hanks: Item 25. Chairman Winton: -- item number. What is Item 25 (UNINTELLIGIBLE)? Well, my concern - - can somebody -- if you can have some staff person meet with him right now so that he can proffer what his issue is relative to his house, and whatever he said he would get (UNINTELLIGIBLE) what is going on, so at least we know? Mr. Monzon-Aguirre: Yes, Commissioner. Chairman Winton: This should not be taken up at this Commission meeting; only to work within -- right now, please. Mr. Monzon-Aguirre: I understand. Chairman Winton: Sir, would you step over there and let somebody grab hold of you and deal with this issue? I'm sorry, Commissioner. Vice Chairman Teele: All right. Is there a motion to withdraw item number 25 from the agenda, at the request of the Manager? Commissioner Gonzalez: Move to withdraw 25. Chairman Winton: (INAUDIBLE). Chairman Sanchez: Second. Chairman Winton: It's not (INAUDIBLE). Vice Chairman Teele: All those in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All opposed? 96 April 10, 2003 The following motion was introduced by Commissioner Gonzalez, who moved for its adoption: MOTION NO. 03-365 A MOTION TO WITHDRAW CONSIDERATION OF PROPOSED RESOLUTION AUTHORIZING THE ALLOCATION OF FUNDS, IN THE AMOUNT OF $1,815,133.15, OF FISCAL YEAR 2003 HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BONDS DESIGNATED FOR MODEL CITY HOMEOWNERSHIP ZONE PILOT PROJECTS, SPECIFICALLY, INFRASTRUCTURE IMPROVEMENTS TO REPLACE HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) FUNDS USED FOR PROPERTY ACQUISITIONS IN FISCAL YEAR 2002 AND ANTICIPATED ACQUISITIONS IN FISCAL YEAR 2003. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None ABSENT: Commissioner Tomas Regalado Vice Chairman Teele: He said he was withdrawing it anyway. Chairman Winton: OK. Chairman Sanchez: You're withdrawing it, right? Commissioner Gonzalez: I had it here, defer, so I don't -- 16. AUTHORIZE ROLLOVER OF ACCOUNT FUNDS TO CURRENT FISCAL YEAR 2002- 2003, $645,589, OF PREVIOUSLY APPROVED COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ACTIVITIES/PROJECTS THAT WERE NOT COMPLETED DURING FISCAL YEAR 2001-2002, THAT ENDED SEPTEMBER 30, 2002. Vice Chairman Teele: OK. Commissioner Winton, were there other items we need to take up? We need to get through this agenda, folks. Can we just all sort of focus in on this agenda and try to get through some of it? If we take up item number 9, a public hearing items. Barbara Rodriguez (Director, Department of Community Development): Barbara Rodriguez -- Vice Chairman Teele: This item was scheduled for 3 p.m.; it's now 4:30. 97 April 10, 2003 Ms. Rodriguez: Correct. Barbara Rodriguez, Department of Community Development. Number 9, we're requesting approval to roll over these contracts that were funded through September 30. Vice Chairman Teele: All right. This is a public hearing. The item was fully advertised. It has the Manager's recommendations. Is there objection? Commissioner Sanchez: So moved. Commissioner Gonzalez: Second. Vice Chairman Teele: There being no persons coming forth, the item is moved and seconded. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All opposed have the same right. Item 9 is approved. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-366 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ROLLOVER OF ACCOUNT FUNDS TO THE CURRENT FISCAL YEAR 2002-2003, IN THE AMOUNT OF $645,589, OF PREVIOUSLY APPROVED COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ACTIVITIES; PROJECTS THA WERE NOT COMPLETED DURING FISCAL YEAR 2001- 2002, THAT ENDED SEPTEMBER 30, 2002; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENTS TO THE EXISTING AGREEMENTS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID AGENCIES FOR SAID PURPOSES. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado 98 April 10, 2003 17. AUTHORIZE TRANSFER OF FISCAL YEAR 2002-2003 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM FUNDS, $15,000, FROM GRANT ADMINISTRATION TO HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE, INC. (HOPE), TO PROVIDE FAIR HOUSING ACTIVITIES AND RELATED SERVICES TO LOW-INCOME INDIVIDUALS LIVING WITH HIV/AIDS AS AUTHORIZED BY FEDERAL REGULATIONS. Vice Chairman Teele: Item 10. Barbara Rodriguez (Director, Department of Community Development): Item 10 is requesting from the Commission approval to transfer $15,000 from HOPWA (Housing Opportunities for Persons Living with AIDS) Administration to fund an agency called HOPE (Housing Opportunities Project for Excellence) for Fair Housing Activities. Vice Chairman Teele: All right. This is a public hearing. Any person desiring to come -- be heard on this item should come forth at this time. There are no persons coming forth. The public hearing's closed. Commissioner Gonzalez: Move Item 10. Vice Chairman Teele: Is there a motion? Second by Commissioner Sanchez. Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All opposed have the same right. Item 10 is approved. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-367 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE TRANSFER OF FISCAL YEAR 2002-2003 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM FUNDS, IN THE AMOUNT OF $15,000, FROM GRANT ADMINISTRATION TO HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE, INC. (HOPE), TO PROVIDE FOR HOUSING ACTIVITIES AND RELATED SERVICES TO LOW-INCOME INDIVIDUALS LIVING WITH HIV/AIDS AS AUTHORIZED BY FEDERAL REGULATIONS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID AGENCY FOR SAID PURPOSE. 99 April 10, 2003 Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: None. 18. FIRST READING ORDINANCE: AMEND SECTION 2-817 OF CITY CODE ENTITLED "ADMINISTRATION CODE ENFORCEMENT, ADMINISTRATIVE COSTS, FINES; LIENS," TO MODIFY SUBSECTION (h)(1) RELATING TO RELEASE OR SATISFACTION OF LIEN PLACED ON PROPERTY BY CITY TO ALLOW MANAGER TO RELEASE OR SATISFY LIEN ON PROPERTY LOCATED IN HOMEOWNERSHIP ZONE IF PROJECT QUALIFIES AS AFFORDABLE HOMEOWNERSHIP HOUSING PROJECT. Vice Chairman Teele: Item 11 -- Barbara Rodriguez (Director, Department of Community Development): Item 11 is an ordinance and we're amending Chapter 2, Article 10, Section 2-817 of the Code of the City of Miami. In August 22, we passed an ordinance that it was to give the City the right to waive liens. However, there was a section in that ordinance that said that we had to fund the project. What we're looking for is to have the flexibility to waive liens, such as in the case of Habitat, that we not necessarily give them money to fund projects. Vice Chairman Teele: All right. This is a public hearing. Is there any person who'd like to be heard on this item? If not, the public hearing -- Commissioner Gonzalez: Move 11. Vice Chairman Teele: -- is closed. Commissioner Sanchez: Second. Vice Chairman Teele: It's moved and second. Madam Attorney, read the item. Chairman Winton: (INAUDIBLE) hold on. Vice Chairman Teele: Commissioner Winton. Chairman Winton: Yes, I've got some problems with this. 100 April 10, 2003 Ms. Rodriguez: OK. Chairman Winton: If you go to page 385, paragraph 3 (INAUDIBLE), and it says the lien released the property shall not be (INAUDIBLE) satisfy (INAUDIBLE) that all (INAUDIBLE) a project (INAUDIBLE) particular issue (INAUDIBLE). Ms. Rodriguez: Correct, correct. Chairman Winton: (INAUDIBLE) Ms. Rodriguez: Correct. Chairman Winton: I am somewhat troubled by -- I understand (INAUDIBLE) Commissioner Gonzalez: Right. Chairman Winton: But the problem with this is (INAUDIBLE) if a developer is going to get a mortgage, a loan, a construction loan from a bank, depending on the size of these liens, they may or may not issue that mortgage because liens are not made (INAUDIBLE). Ms. Rodriguez: We have not had that issue. What we do is we give them a letter, once we certify that it's going to be affordable; that they are selling it to the person that we want them to sell the house to, so we have not had that problem that the banks are not accepting the letter. It is conditioned that we do get a CO (Certificate of Occupancy) and, at that time, we waive the liens. Chairman Winton: So -- Vice Chairman Teele: But you know what, Commissioner, I think there's a middle ground -- Chairman Winton: That's what I (INAUDIBLE). Vice Chairman Teele: -- and the middle ground has got to be when the house is 50 percent completed, or something like that, because what Commissioner Winton is raising is the fact that government just doesn't give a damn about time, and to get the CO, now you're adding more time on the end, and what it means is is that the builder has built, and they're sitting around waiting on government to do its governmental thing. Chairman Winton: (INAUDIBLE) I thought was -- and Madam City Attorney, you can help here, but my original thought when I looked at this was that we might want to consider (INAUDIBLE), but consider releasing -- provisionally releasing the liens (INAUDIBLE); have some sort of provision (INAUDIBLE) document -- Vice Chairman Teele: Escrow. Chairman Winton: -- that says that if the developer does (INAUDIBLE) and the house (INAUDIBLE) in the "X" amount of time (INAUDIBLE) so we all get (INAUDIBLE), so that 101 April 10, 2003 you could still -- if you want to hold the developer, hold them on (INAUDIBLE), and that's the reason you don't release the liens in the first place. Ms. Rodriguez: Right. Chairman Winton: -- because you want to make sure they get the project done, so I'm all in favor of that, but it seems to me that you can make the process much faster, as Commissioner Teele said -- Ms. Rodriguez: OK. Chairman Winton: -- and in the future, hopefully, we'll have more people wanting to do affordable housing out there, and some of them could be (INAUDIBLE). Ms. Rodriguez: That's right. Right. Chairman Winton: I need to (INAUDIBLE) those, and so the process could go faster if you release the liens up front provisionally, and the (INAUDIBLE) type of liens in the (INAUDIBLE) for the person who qualifies within an 18 (INAUDIBLE) period, but whatever the time frame is, that seems rational (INAUDIBLE), so that's the cost (INAUDIBLE). Ms. Rodriguez: OK. Vice Chairman Teele: Madam Attorney. Maria Chiaro (Assistant City Attorney): That language can be included -- the provisional language can be included in this ordinance so that we'll add that as criteria -- Ms. Rodriguez: I have no problem. Ms. Chiaro: -- when you allow for the discretion for the Manager to exercise this discretion. Ms. Rodriguez: We have no problem. Chairman Winton: So -- well, then, if the director doesn't have a problem with it, and the City Attorney doesn't have a problem, then I would like to modify -- Ms. Rodriguez: Amend. Vice Chairman Teele: The maker of the motion doesn't have a problem with it, Commissioner Sanchez. Chairman Winton: And so I would like to modify this ordinance to allow that change to be in place. Vice Chairman Teele: Without objection. 102 April 10, 2003 Commissioner Sanchez: Maker of the motion accepts the amendment. Commissioner Gonzalez: Second. Vice Chairman Teele: All right. Is there further discussion? If not, Madam Attorney, read the title. The Ordinance was read by title into the public record by the Assistant City Attorney. Vice Chairman Teele: Madam Clerk. Priscilla A. Thompson (City Clerk): Roll call. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ARTICLE X, SECTION 2-817 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION CODE ENFORCEMENT, ADMINISTRATIVE COSTS, FINES; LIENS," TO MODIFY SUBSECTION (h)(1) RELATING TO THE RELEASE OR SATISFACTION OF A LIEN PLACED ON A PROPERTY BY THE CITY TO ALLOW THE CITY MANAGER TO RELEASE OR SATISFY A LIEN ON A PROPERTY LOCATED IN A HOMEOWNERSHIP ZONE IF THE PROJECT QUALIFIES AS AN AFFORDABLE HOMEOWNERSHIP HOUSING PROJECT IN ACCORDANCE WITH THE FIVE-YEAR CONSOLIDATED PLAN REGARDLESS OF WHETHER THE PROJECT HAS BEEN ALLOCATED FUNDS BY THE CITY COMMISSION OR THE CITY OF MIAMI HOUSING AND COMMERCIAL LOAN COMMITTEE. was introduced by Chairman Winton, seconded by Commissioner Sanchez, and was passed on first reading, by title only, by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Ms. Thompson: The ordinance is passed on first reading, 5/0. 103 April 10, 2003 19. RESCHEDULE SECOND REGULAR CITY COMMISSION MEETING OF APRIL, ORIGINALLY SCHEDULED FOR APRIL 24, 2003, TO TAKE PLACE ON MAY 1, 2003. (See #2). Vice Chairman Teele: All right. Now, item number 12, we've got to do two things here. Commissioner Winton, Commissioner Sanchez has requested that the meeting scheduled for the last week in April be moved to the first Thursday in May, and the -- Chairman Winton: Oh, oh. Commissioner Gonzalez: He's doing very good. Commissioner Sanchez: He's hopping around. Vice Chairman Teele: Is there a motion to -- Commissioner Sanchez: So moved, Mr. Chairman. Vice Chairman Teele: There's a motion to move the date from the last meeting in April 24 Commissioner Sanchez: April 24 to May 1. Vice Chairman Teele: -- to May 1, Thursday, May 1 st. Commissioner Gonzalez: Second the motion. Vice Chairman Teele: And that's moved and second. Commissioner Regalado: But that doesn't mean that we're going to cancel the meeting. Vice Chairman Teele: No. Commissioner Sanchez: No. Commissioner Regalado: So, we're having three meetings in May. Vice Chairman Teele: We'll have three meetings in May. Commissioner Sanchez: Yes, sir. Commissioner Regalado: OK. Vice Chairman Teele: Is there objection to this? All right. All those in favor, say "aye." The Commission (Collectively): Aye. 104 April 10, 2003 Vice Chairman Teele: Those opposed? The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-368 A RESOLUTION OF THE MIAMI CITY COMMISSION RESCHEDULING THE SECOND REGULAR CITY COMMISSION MEETING OF APRIL, ORIGINALLY SCHEDULED FOR APRIL 24, 2003, TO TAKE PLACE ON MAY 1, 2003. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: None. Vice Chairman Teele: So that is done. Commissioner Sanchez: Thank you so much. 105 April 10, 2003 20 AMEND 29TH YEAR CDBG HOUSING DEVELOPMENT POLICY TO: (1) GRANT FORGIVABLE LOANS TO DEVELOPERS APPLYING FOR HOMEOWNERSHIP FUNDS FOR AFFORDABLE HOUSING AND ALLOW FOR REPAYMENT OF LOAN WHEN HOMEOWNER REFINANCES HOME OR AT POINT OF SALE; INCREASE LOANS FOR SECOND MORTGAGES FROM $25,000 TO $30,000 FOR ANY PROPOSAL RELATED TO AFFORDABLE HOUSING TARGETING MEDIUM INCOME -TYPE FAMILIES. SCHEDULE PUBLIC HEARING FOR COMMISSION MEETING CURRENTLY SCHEDULED FOR MAY 8, 2003, REGARDING ALL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOUSING FUNDS, POLICES AND ALLOCATIONS FOR 29TH YEAR, INCLUDING PROPOSED 1.5 MILLION OVER FIVE-YEAR PERIOD FOR LITTLE HAVANA HOMEOWNERSHIP TRUST; AMEND NOTICE TO PROVIDE FOR SET ASIDE OF $1.5 MILLION OVER THREE-YEAR PERIOD FOR DISTRICT 4 HOUSING INITIATIVES. Vice Chairman Teele: OK. Now, Commissioner Winton, you know, we went through this housing policy and we missed your presence, I'm sure you know, but we just don't have a housing policy in community development. We've agreed to have this summit a year and a half ago that was supposed to have been held in September; that didn't get held. You know, they said they were going to have it in November or December; that didn't get held, and we're still lacking a policy, a real policy for housing, housing development. Chairman Winton: And I completely agree with you, we're still lacking a policy, but I will give you an update I got from (INAUDIBLE) developer being frustrated and myself about the lack of our ability to get this process moving, so I called a meeting that I chaired two weeks ago, where I brought some people (INAUDIBLE) house (INAUDIBLE) a small group, and the subject was, obviously, this whole housing issue, and how we're going to get housing done, what our duties are, financing (INAUDIBLE) more complex (INAUDIBLE), but what I asked the group to do, if you're willing to come back and when we'll meet again. At that meeting, we're going to have one more round of discussion about this, and then we're going to (INAUDIBLE) in addition to that, identify the key players we need to bring to the table, start a dialogue; that they ultimately lead to a national housing summit, because the more I thought about this from afar, and the more I listened to people talking, it became clear to me that before we get a whole `nother summit (INAUDIBLE) get anything worthwhile, we really need to gather all the information that is available out there, and get some sort of thought process going in terms of the direction we may take this, and so my view here is that -- and I'm going to sit at the table here and guide this process, but I think (INAUDIBLE) take to get through this process with the right people at the table. It'll probably take us six months to get where we want to be, but I made a commitment to sit at the head of the table and push this project forward. My (INAUDIBLE) on this is -- I think it was my idea, and I didn't do it. I should have read more (INAUDIBLE) back then and I didn't, and I apologize to all of you for not getting that done, but I think we're in a position to move forward and make that happen, and that's all I have to say. Vice Chairman Teele: Well, Commissioner Regalado -- was there a specific issue we were going to try to deal with today, Barbara? 106 April 10, 2003 Barbara Rodriguez (Director, Community Development): The issue here was that we have two million, three hundred and six hundred [sic] CDBG (Community Development Block Grant) dollars; $3,855,000 of HOME (Home Investment Partnership Program); that we were looking to have an RFP (Request for Proposal). Our recommendation was that a hundred percent of these funds be for home ownership, since the rental projects have already been funded, and they're going up to the tax credit. We will no longer fund housing administration, as in the past. This was the first year that we funded housing administration on benchmarks, meaning that nonprofits could come to get some type of a fee, which they were tied to benchmark. If they were able to get the benchmark, they would get dollars. If they don't get the benchmark, they don't get no dollars. There had to be a project. There was also a leverage requirement: five to one for rental, three to one for home ownership. That was changed at the last Commission meeting, as a request from Commissioner Gonzalez; that homeowner should be changed two to one. There was also an issue that we're saying that we want to give second mortgages $25,000, per home. They will be loans. Those loans will have an interest rate. If you're 50 percent of medium income, it would be a zero percent. If you're 60 percent of medium income, it will be one percent, and if you're 70 percent of medium income, two percent. The RFP would go out; it would come back, and we would have a variety of things that you could apply for. We came up with a lot of categories. The categories were going to be district -driven; one of them being down payment assistant. We would do new construction home ownership. In District 3 and 4, we were looking for multifamily rehab programs, so basically, what we wanted to put out an RFP where developers could come in and bid for these dollars. The comment came up -- well, we have a couple of nonprofits that came up and said that they do not longer want these loans to be payable. Habitat felt that -- Chairman Winton: You mean repayable? Oh. Ms. Rodriguez: They wanted to go back to forgiven loans, so the conversation came around, and that's why they waited for you, Commissioner Winton, to see -- they felt that collecting something on these loans made a big hole for the types of clients that they were trying to serve. They felt that it should be forgiven, and they also felt that instead of 25,000, that we should raise it to $30,000, and that's basically where we are. One of the issues that was brought up, "Well, why did the Administration change it?" In March 12 of last year, we came to all of you to create a second mortgage and an emergency program under our State contract. At that time, it was the intent of the Commissioners to make this a loan to start like a revolving account that eventually will be able to serve more clients, and that's basically what we're here for. Commissioner Sanchez: Mr. Chairman. Vice Chairman Teele: Commissioner Sanchez. Commissioner Sanchez: Thank you. Since we're discussing the 29th Year CDBG Housing Development Policy pertaining to funds, I have an item today on the agenda, which is Item 18, which is the creation of the Little Havana Housing Trust -- the Little Havana Homeownership Trust. At the appropriate time, I'd like to make a motion to set aside CDBG funds, in the amount of 1.5 million a year for the next five years, to support the Little Havana Homeownership Trust. Just to give you a little background, this is -- the funding level is equal to that of the first 107 April 10, 2003 homeownership trust, which is the Model City Trust, which also receives $1.5 million a year for the next five years, so at the appropriate time, I'd like to make the motion to establish the funding so I could get going with the Little Havana Homeownership Trust. Vice Chairman Teele: All right. Commissioner Regalado: Mr. Chairman. Vice Chairman Teele: OK, let's stay focused on the matter that is at hand. We heard from Habitat for the Humanity [sic]. We also heard from Greater Miami Neighborhood that made one very important point. Johnny, I don't know if you heard it, but the loan -- but the -- but banks and other institutions cannot effectively service these loans. The paperwork in these loans is going to be a tremendous administrative challenge, and Habitat, of course, indicated that because they're dealing with the very, very poor, that it really is a disincentive to their program, and they would strongly rather the program be a grant program. I am very much inclined to support those two organizations' professional views, especially the Greater Miami Neighborhood, which serves as consultant to housing agencies across the state of Florida, including the Pinellas County. They feel that it's a good theory, but just when you really get down to trying to service the loans in this category of people that you're dealing with, the people that qualify, you're really creating a real disincentive to the program in many ways. Commissioner Sanchez: What was the increase, from 20 to 40,000, is that what the -- ? Vice Chairman Teele: Well, there were two issues. One was increasing the second mortgage from 25 to 30. That was something Habitat felt very strongly about. Ms. Rodriguez: Correct. Vice Chairman Teele: And then the other issue was -- Commissioner Sanchez: The homeowner activity. Vice Chairman Teele: -- whether or not the program should be a loan or a grant program, which is what Greater Miami Neighborhood agreed with and Habitat supported, that it should continue as a grant program, and I think -- Ms. Rodriguez: It should be a forgivable loan. Vice Chairman Teele: A forgivable loan. That is, you have to live in the house -- Chairman Winton: That's not a loan. That's a grant. Ms. Rodriguez: Yes, but the way it works is that we write off one tenth per year. If you sell the house prior to that, you pay it back. Vice Chairman Teele: If you sell the house, you get -- 108 April 10, 2003 Chairman Winton: Well -- may I comment? Vice Chairman Teele: Please. Chairman Winton: From a (INAUDIBLE) there's no (INAUDIBLE). The Administration (INAUDIBLE) and I'm not sure (INAUDIBLE) capable of doing this, so that's the real issue. I recognize that (INAUDIBLE), but if you just think about the math (INAUDIBLE), in terms of what we're asking, in that $5 million that (INAUDIBLE), if you give out $25,000 per house, you're only going to do 200 units a year, 200 units a year. If you're (INAUDIBLE) grant (INAUDIBLE) that loan (INAUDIBLE) yours and not mine, but if we made this a loan -- we've also discussed with the condominium (INAUDIBLE) because if there's no interest, then there's no (INAUDIBLE). If you made (INAUDIBLE), the loan that has to be repaid at (INAUDIBLE) refinanced or (INAUDIBLE) administration (INAUDIBLE), then what would happen -- and this won't happen in our lifetime, at least in our Commission lifetime -- what would happen, though, beginning ten years from now, (INAUDIBLE) you have the potential to end up starting to create a pool that could grow by $5 million (INAUDIBLE), so that ten years out and four years out, you end up with a pool of dollars that could be in the neighborhood of $50 million 20 years from now. Now, that's a heck of a lot of money. Commissioner Gonzalez: That's right. Chairman Winton: And (INAUDIBLE) to have -- and if you look at this as a 50- years(INAUDIBLE) project for our city long-term to address affordable housing point of view, you could really end up with over a 50 -year period looking unlike most cities in America -- maybe unlike any city in America, when we take a long-range view of home ownership for our community and created a long-term (INAUDIBLE) pool of buying support for affordable housing. If we follow Habitat for Humanity, we're going to build 200 homes a year, (INAUDIBLE) build us a house, so that's the minor end when you put in affordable home (INAUDIBLE) in the City of Miami (INAUDIBLE), which is almost done. This is almost done, so that's the reason I felt pretty strongly from a mathematical standpoint, that we could have an opportunity to create a legacy that, as I said, it won't impact our political life (INAUDIBLE), and this certainly will impact (INAUDIBLE). Commissioner Sanchez: OK. Vice Chairman Teele: Your latest modification would be that this would be a forgivable loan, but it would be repayable on what two events? Chairman Winton: On one of two events. Can you hear me? Commissioner Sanchez: Yeah. Chairman Winton: On one of two events. It would be repayable when a homeowner -- and this is debatable, by the way. The down payment is the reason why I had to trigger it. One (INAUDIBLE) when a homeowner usually (INAUDIBLE) a house and (INAUDIBLE) a house. 109 April 10, 2003 Commissioner Sanchez: Right. Chairman Winton: Because if you don't have that (INAUDIBLE) in there, then the fact of the matter is the homeowner (INAUDIBLE) several times, (INAUDIBLE) the home long-term, and at the end of the day, when it's time to really sell, they're going to (INAUDIBLE) walk away and (INAUDIBLE) back, so that's the first (INAUDIBLE) trigger, which is (INAUDIBLE) the homeowner refinance and pay (INAUDIBLE), then if they're taking $10,000 equity out, then you've got to do it in a fashion that half of it goes to the homeowner and half of it goes to us. (INAUDIBLE) incentive. Now, if you don't mind (INAUDIBLE), but it also (INAUDIBLE) repaying the loan, and so that would be the first trigger. The only other trigger may be the (INAUDIBLE) Vice Chairman Teele: I can agree to both of those. Chairman Winton: And so that's (INAUDIBLE) -- Commissioner Sanchez: You know, everybody's got a forte here and that's your forte on -- Ms. Rodriguez: And just keep in mind that there's other things that people can be applying for. They can be applying for new construction. They can be applying for District 3 and District 4 for rehab multifamily, so in reality, you might not be doing -- not even 200 second mortgages, so in reality, you might be able to only do 50 when the money -- you know, when all the proposals come in. Vice Chairman Teele: Would you make that a motion, Commissioner Winton? Chairman Winton: Yes. Ms. Rodriguez: No. Commissioner Sanchez: Second. Vice Chairman Teele: All right. It's moved and -- Commissioner Sanchez: Second. Chairman Winton: So move. Vice Chairman Teele: -- and seconded. Is there objection? Discussion. Commissioner Regalado: Mr. Chairman. Vice Chairman Teele: Commissioner Regalado first. 110 April 10, 2003 Commissioner Regalado: I don't know if I should do it or shouldn't do it within this whole motion, but I do need to make a motion to set aside the percentage of funds allocated for housing development to establish for District 4 housing development pilot project reserve fund. The reason for this is that in the past five, six years, there has been no construction at all in District 4, housing -- district housing (INAUDIBLE). One of the reasons because the impact fee is extraordinary high in District 4. It's -- Chairman Winton: Everywhere. Commissioner Regalado: -- higher in Flagami than in Brickell. The second is because, apparently, the housing agencies do not or have not explored the possibility (INAUDIBLE), so I think it's important that we have some funds, a percentage, not -- nothing more, that are entitled to District 4, so I'm just asking (INAUDIBLE). I do this, Mr. Chairman, Vice Chair, within this motion or in a separate motion -- Commissioner Sanchez: But there's a motion -- Commissioner Regalado: (INAUDIBLE) -- Commissioner Sanchez: There's a motion on the floor already. Commissioner Regalado: I know that. Commissioner Sanchez: That would be a separate motion. Vice Chairman Teele: Could we get it in a separate motion? Commissioner Regalado: OK, no problem. Vice Chairman Teele: OK. On this motion, yes, sir. Mariano Cruz: Yeah. Mariano Cruz, 1227 Northwest 26th Street. On this issue of affordable home ownership, if we go to the Five -Year Consolidated Plan, we see that we haven't built, even touched the amount of houses the City was supposed to build, but one of the things I see, and I know it by experience because I have two empty lots next to my house for years and years. Finally, they've been built; one was built by the City; another was built by the private developer. Two duplexes that would put maybe, I think, $400,000 more in the tax roll, considering taking out homestead exemption, but the City has a big bank of empty lots -- go to real estate management -- all around. They can make that affordable to CBOs (Community Based Organizations), developers willing to build within the city. That will increase the need that we get for home in (UNINTELLIGIBLE). I go -- you know what those lots are? Just dumping grounds that they're becoming -- Commissioner Gonzalez: Dumping grounds. 111 April 10, 2003 Mr. Cruz: -- and we have those (UNINTELLIGIBLE). On 12th Avenue, there's one that the City get through liens they're taking care -- they're taking property of those lots, and we have to with -- go on that. We got to use creative solutions that cost little money. Go to the developers (UNINTELLIGIBLE) they say, we have this lot. It sell $50,000. You're going to be $10,000 or no money. In the long run, it would be better for the City. Thank you. Commissioner Sanchez: Call the question. Vice Chairman Teele: All right. The question's been called. All in favor of the motion, say LL " aye. The Commission (Collectively): Aye. Vice Chairman Teele: All opposed? The following motion was introduced by Chairman Winton, who moved for its adoption: MOTION NO. 03 -3 69 A MOTION AMENDING THE 29TH YEAR CDBG HOUSING DEVELOPMENT POLICY TO GRANT FORGIVABLE LOANS TO DEVELOPERS APPLYING FOR HOMEOWNERSHIP FUNDS FOR AFFORDABLE HOUSING AND ALLOW FOR THE REPAYMENT OF THE LOAN WHEN THE HOMEOWNER REFINANCES THE HOME OR AT POINT OF SALE. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Vice Chairman Teele: Is there a motion to move the number from 25,000 to $30,000? By Commissioner Gonzalez -- Commissioner Sanchez: So moved. Vice Chairman Teele: -- and seconded -- 112 April 10, 2003 Commissioner Gonzalez: Second. Vice Chairman Teele: -- by Commissioner Sanchez. Is there objection to that? Chairman Winton: What was the logic -- what was the argument from moving this from 25 to 30 (INAUDIBLE)? It may be (INAUDIBLE) -- Vice Chairman Teele: We moved it from 30 to 25, but it -- Ms. Rodriguez: We moved it from 40 to 25. Vice Chairman Teele: We moved it from 40 to 25, under -- Ms. Rodriguez: And there are -- Vice Chairman Teele: -- the theory we were going to help more people, but when you consider the fact that Habitat -- Ms. Rodriguez: The income. Vice Chairman Teele: -- which doesn't get any City money -- government money, except for the lots themselves, has said that this really has an adverse impact on their program. Chairman Winton: They're going to need (INAUDIBLE) -- Ms. Rodriguez: And -- Vice Chairman Teele: They need -- Chairman Winton: -- 25 (INAUDIBLE) -- Vice Chairman Teele: They really would like 40, but they -- Ms. Rodriguez: Commissioner, and they were going to target 30 percent and 50 percent of medium income, which, for a family of four, will be 14,450 a year, and for 50 percent of medium income will be 24,100 a year. Chairman Winton: Got it. Vice Chairman Teele: See, the problem -- Commissioner Gonzalez: But I -- Vice Chairman Teele: -- is there's nobody serving those -- that, you know -- Chairman Winton: No problem. 113 April 10, 2003 Commissioner Gonzalez: I just have one question. This change of 25 to 30,000 is only going to apply to Habitat, or it's going to apply to any -- ? Ms. Rodriguez: No. The policy will be that any proposals from any developer that is doing affordable housing that will target those types of income families will be able to apply for that $30,000 second mortgage program. Commissioner Gonzalez: So the person buying the house anywhere, any project can apply for $30,000? Ms. Rodriguez: They would have to submit a proposal, and we would look at all the proposals and distribute the $5.8 million. Commissioner Gonzalez: OK. Commissioner Sanchez: All right. Commissioner Gonzalez: All right. Commissioner Sanchez: All right. Vice Chairman Teele: All right. We have a motion. We have a second. 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 Gonzalez, who moved for its adoption: MOTION NO. 03 -3 70 A MOTION AMENDING THE 29TH YEAR CDBG HOUSING DEVELOPMENT POLICY TO INCREASE THE LOANS FOR SECOND MORTGAGES FROM $25,000 TO $30,000 FOR ANY PROPOSAL RELATED TO AFFORDABLE HOUSING TARGETING MEDIUM INCOME -TYPE FAMILIES. 114 April 10, 2003 Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Commissioner Sanchez: Mr. Chairman. Vice Chairman Teele: Yes, sir. Commissioner Sanchez: I'd like to make a motion to set aside CDBG funds in the amount of 1.5 million a year for the next five years to support the Little Havana Homeownership Trust. So move. Vice Chairman Teele: OK. Now, before you make that motion, we've -- this is where this discussion that you and I had. We've already allocated the dollars for FY -04. Commissioner Sanchez: Right. This would start -- Vice Chairman Teele: This would start in FY -05 for the next year. Commissioner Sanchez: For the next year, that October -- no. August? Ms. Rodriguez: The item that you have just passed is for money coming in October 1, 2003, so if you are going to do a motion, are you amending the 5.8, or are you saying that the 1.5 comes out of next year, which is October 1, 2004? Commissioner Sanchez: 2004. October 1, 2004. Vice Chairman Teele: OK, and the reason that I'm saying it is that we've already gone through the process and had a public hearing, and if you're going to start talking about undoing what has been done -- we did that two meetings ago, where we brought in all the CBOs and we said -- that was right before the public hearings? Ms. Rodriguez: Right, so what he's saying now is that he wants the 1,500,000 for five years, starting next year. Vice Chairman Teele: Exactly, and therefore, you don't have to have a public hearing and re -- and undo something because I think, if you do -- what he's doing, we're going in the right 115 April 10, 2003 direction. If we're trying to undo something, we're going to have a problem, and that's all that I was saying. Commissioner Sanchez: Well, I'm not -- I don't want to undo anything here. Vice Chairman Teele: I understand that. That's what I thought your intent was, but I wanted to be clear that that will begin in FY -04. Ms. Rodriguez: Correct. Commissioner Sanchez: October. Vice Chairman Teele: In October of `04. Commissioner Sanchez: Yes. Vice Chairman Teele: Now, why don't you amend the motion to say, and that if any funds become available during the coming year, you'll have -- well, the way we do it now is that -- Ms. Rodriguez: You want -- if funds become available, that you want the Administration to bring it back to the Commission. Vice Chairman Teele: If funds become available, but the problem that we have is funds, as they become available, go back into the district where they came from right now, so if any citywide funds become available. If any citywide funds become available, that they would go first to this proj ect. Commissioner Sanchez: To Little Havana Homeownership. Vice Chairman Teele: To the Little Havana homeowner project. Commissioner Gonzalez: Question. Vice Chairman Teele: As amended. Commissioner Sanchez: As amended. Vice Chairman Teele: OK. Commissioner Gonzalez: Question. Vice Chairman Teele: Question. Commissioner Gonzalez: So, your program will begin in 2004, right? Commissioner Sanchez: October. 116 April 10, 2003 Commissioner Gonzalez: 2004. Commissioner Sanchez: Right. Commissioner Gonzalez: So, it will be five years, 2004 until 2009. Who's next in line for the -- I don't know if, by then, I'll be the Commissioner. Maybe it will be somebody else's headache. Vice Chairman Teele: Well, you see, there is no -- I mean, I think --- there was an agreement that there would be a pilot program, and immediately following that, there would be the one in Commissioner Sanchez district, and then the question is -- there's a total of seven of these things, right? Commissioner Sanchez: Yes, sir. Vice Chairman Teele: So, there was no pecking order, per se, and in fact, a pecking order really should be based upon the projects that are ready to go and where there is funding available, but I think what the staff should do -- be directed to do is to come back and update us on the Five - Year Plan as it relates to the homeownership zones and to make certain recommendations, but I think the only thing to do is to move the other five together. I mean, you've got the one and two out of the way, and then I think the rest of those need to just -- there needs to be a plan, and we all ought to agree on it to move the other five forward. Chairman Winton: We can do seven? Vice Chairman Teele: Well, maybe we're not going to do seven. Chairman Winton: Right. Vice Chairman Teele: I mean, I think we probably need to reduce the number anyway, but I can tell you one thing, we're nowhere near in compliance with the five-year agreement, and I've asked three times, Barbara, for the transmittal document, the letter that transmitted the Five -Year Plan to the federal government, and I've not -- Ms. Rodriguez: I believe your office request it from the City Clerk, and I did provide the City Clerk with the plan, and they did request the transcript. They did not request it from me. Vice Chairman Teele: The transmittal document. Ms. Rodriguez: I -- Vice Chairman Teele: The letter that you or the -- Ms. Warren and the Manager signed that sent it to the federal government. Ms. Rodriguez: Your office -- 117 April 10, 2003 Vice Chairman Teele: You mean, nowhere in this city do we have it? Ms. Rodriguez: I don't have a problem providing it. Your office was requesting it from -- Priscilla A. Thompson (City Clerk): No. Correction, what we requested from your office, Barbara, was not for Commissioner Teele, but for Commissioner Winton, and that was just a copy of the Five -Year Plan. Vice Chairman Teele: But you know what, now -- there's almost a mysterious veil -- Ms. Rodriguez: I don't have a problem. Vice Chairman Teele: Can you all -- Ms. Rodriguez: Of course. Vice Chairman Teele: -- give us the transmittal document -- Ms. Rodriguez: Of course. Vice Chairman Teele: -- for the Five -Year Plan and make it available to the Mayor and the full Commission today, please? Ms. Rodriguez: We will. By Monday, you'll have it in your office. Commissioner Sanchez: Mr. Chairman. Vice Chairman Teele: Commissioner Sanchez, on the motion. Commissioner Sanchez: For the point of clarification on the Little Havana Homeownership Trust, the funding should start October 1, 2003, this next fiscal year. Ms. Rodriguez: Then that means that you need to amend this item that is in front of you, the one that -- Vice Chairman Teele: No. That means -- Ms. Rodriguez: -- you have just approved. Vice Chairman Teele: -- that all he can do now is express a sense of this. That's got to have a public hearing, and you've got to go back and bring back all of the people because you cannot move federal dollars without a hearing. You can instruct the staff to prepare it for a document, but you cannot move it because we've already had a federal hearing -- a public hearing in which we've allocated the money, and that was not one of the things that we allocated. We took out the CRA (Community Redevelopment Agency); we took out the DDA (Downtown Development Authority); we did all of that, and those citywide allocations in the last public hearing. 118 April 10, 2003 Commissioner Sanchez: Well -- Chairman Winton: Joe, you're changing it to 2003 instead of `4? Commissioner Sanchez: Yes. Yes, that's the purpose. I mean, the fundings are available. Why not start it? I mean, why continue to delay it? And I -- it's not -- you know, here we go again. I have a lot of questions on this (INAUDIBLE) first started. We allocated $140,000 to conduct that study, Mr. Chairman, and it was never done. It was my -- and I inquired. I have all the records, and I'll bring the papers when I inquired about it, and staff told me it was being done, so I was lied to by the Administration. I mean, where -- the other issue -- I mean, the ball fell through the cracks. How many times is the Commissioner going to make a directive here before the Administration does it? So, once again -- I mean, I need to get some guidance from the City as to - you know, if we have to do another public hearing, well, I'm for a public hearing because you know what? I can't wait anymore. I mean, I've waited long enough, Mr. Chairman, because I realize the needs in our community, especially in your district, and I think that I, for one, had been very kind and have worked very much to try to pitch in every way possible, just like every other Commissioner here has, too, but now we're in a situation where, you know, if we're not going to get the guidance by the City on the CDBG process to get the funding in line, well, let me know so I could go outside and get somebody else. I mean, I need to get some guidance. I cannot wait until October 2004 to start on this. I mean, we have today a second reading item, seven -- Item 18, where it clearly goes on to second reading. That's another issue. It was supposed to come back for second reading; it was deferred, and it never came back for a second reading, so you know, I don't want to point the finger and all, but I want to work with everybody. It's just fairness here, and yours was first. God bless you. I hope you accomplish everything that you want to accomplish in Model City. It's a great success. I'm next in line. I'm trying to get the funding to get going. Maybe I could get going; learn from your experience and your mistakes in the Model City, but I can't wait another year. It's not fair to my constituents. It's not fair to the City of Miami, so -- Ms. Rodriguez: Commissioner, we can bring back the item where we allocate allocations on a yearly basis. As Commissioner Teele said, there was an item -- we don't have a problem bringing it back, and making an amendment, and do a public hearing, if that's the wish of the Commission. Commissioner Sanchez: Well, I'm prepared to make that motion, that it's brought back; we'll have a public hearing; we'll invite everybody that was there, and we'll make our motion. Vice Chairman Teele: But just -- Barbara, you need to be -- I am very sympathetic to what Commissioner Sanchez is saying and what he wants to do, and I'm willing to state right here and now, I want to work with him to do it, but I don't think we need to train wreck this whole process to get that accomplished, and I think you need to be very clear to him that in doing what he's saying he wants to do, he's really going to have to wind up reallocating all of the dollars that had been allocated by category previously, with the exception of public service. 119 April 10, 2003 Ms. Rodriguez: No. What he wants to do is reallocate housing dollars, so what we're going to do is, we're going to leave public service and the rest, and we will come back, and instead of $ 5.8 million that we advertised that was going to go to housing, there will be 1.5 less in housing -- Vice Chairman Teele: And I can support that, Barbara, but what -- haven't we already put the notice out on the street? Aren't you are already soliciting proposals for the housing dollars? Ms. Rodriguez: Not for housing. That was the item that, last Commission meeting, we did a continuation, waiting for Commissioner Winton and getting policy direction, so there is no RFP. Based on this Commission today, we were going to prepare an RFP. Vice Chairman Teele: OK. Commissioner Regalado: Mr. Chairman. Vice Chairman Teele: I want to support Commissioner Sanchez's motion, but Commissioner Sanchez's motion triggers a public hearing in which this can be done, I would assume, in the first meeting in May. Ms. Rodriguez: I would request that it be May 8 because you've just changed the Commission of May 1 -- Vice Chairman Teele: Well, May 8. Ms. Rodriguez: -- and will not be here. Vice Chairman Teele: May 8. Ms. Rodriguez: May 8, we could do it. Chairman Winton: And you still need your (INAUDIBLE)? Ms. Rodriguez: I would not put out the RFP of housing dollars. We will come on May 8, and we will see what the Commission votes on, and at that time after, we will put the RFP. Commissioner Sanchez: So the appropriate motion -- Chairman Winton: (INAUDIBLE) the question is (INAUDIBLE)? Ms. Rodriguez: Yes, we will. Commissioner Sanchez: The appropriate motion is to put it on the agenda as a public hearing for May 8, and then we'll have the public hearing, and then do we make the motion there or do we make the motion here? 120 April 10, 2003 Ms. Rodriguez: I think that your motion should be for us to come back May 8 with all the housing funding, policies, and allocations. Commissioner Sanchez: OK, so move that motion. Vice Chairman Teele: It's -- Commissioner Gonzalez: Second. Vice Chairman Teele: -- been moved and second. Commissioner Regalado, did you want to add something onto this motion? Commissioner Regalado: I just want to ask something. I really support the creation (INAUDIBLE) that in the (INAUDIBLE) very important, but I have a question. Barbara, to your knowledge, how many housing projects do we have or have we done in District 4? Ms. Rodriguez: From 1997 to 2002, none. Commissioner Regalado: OK. 1997 to 2002, none. Ms. Rodriguez: Correct. Commissioner Regalado: OK. When I presented this motion to satisfy some housing funds (INAUDIBLE) percentage, you will be doing the percentage from the 5.3 or from what is left after the one point (INAUDIBLE)? Commissioner Gonzalez: And what is it? Ms. Rodriguez: The housing funding do not have percentage. If the Commission wish to set aside a percentage for housing for District 4, you would have to instruct me, so when I come back May 8, what is the wish of the Commission. Right now, the only thing we did was came up with priorities of the type of proposal we were looking in different districts. We did not fund it by percentages. Commissioner Regalado: OK. Also -- Commissioner Sanchez: Mr. Chairman, let's not confuse the issue. Let's vote on this. Vice Chairman Teele: OK, I agree. Let's carry this motion, and then let's go to Commissioner Regalado. Commissioner Sanchez: There you go. Vice Chairman Teele: And I think we all can support a set aside of some amount of money for District 4. You said on the record, they've not had any housing projects from what time to what time? 121 April 10, 2003 Ms. Rodriguez: From 1997 to 2002, none. Vice Chairman Teele: Well -- OK, so let's don't -- Commissioner Sanchez: Call the -- Vice Chairman Teele: Let's separate the issues. Commissioner Sanchez: Call the question. Vice Chairman Teele: Let's call the question on the motion to instruct the staff to call a public hearing -- notice a public hearing, and to provide for the set aside or the reserves for the funds to initiate that project. 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 -3 71 A MOTION TO SCHEDULE AND NOTICE A PUBLIC HEARING FOR THE COMMISSION MEETING CURRENTLY SCHEDULED FOR MAY 8, 2003, REGARDING ALL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOUSING FUNDS, POLICES AND ALLOCATIONS FOR THE 29T YEAR, INCLUDING THE PROPOSED 1.5 MILLION A YEAR FOR THE NEXT FIVE YEARS FOR THE LITTLE HAVANA HOMEOWNERSHIP TRUST. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 122 April 10, 2003 Vice Chairman Teele: Motion by Commissioner Regalado to amend the housing notice to provide for a set aside for District 4 for innovative or housing initiatives in his district in the amount of how much money? Commissioner Regalado: Well, we -- I've been talking about being fair (INAUDIBLE), so I will ask anybody from the Commission to give us the amount. What is fair? What do you think is fair -- Vice Chairman Teele: Let me tell you -- Commissioner Regalado: -- in a district that has not had any housing projects in the last seven years? Vice Chairman Teele: Let me tell you what I think would be fair. I think $1.5 million over a three-year period of time of, or $500,000 a year, and I'll tell you why. I don't think -- I don't -- if you haven't had a project this year, you're not -- you're probably not going to have the time to expend any money, but if the Commission makes the commitment of a million and a half, at least someone can go out there and put a proposal together that has a budget of $1.5 million. Commissioner Sanchez: So we're talking 500,000 a year -- Vice Chairman Teele: Starting -- Commissioner Sanchez: -- for three years? Vice Chairman Teele: -- this year. Starting $500,000 a year -- has a reserve of $500,000 a year for a three-year initiative that could take place; is that -- Commissioner Regalado: Fine. Vice Chairman Teele: Ms. Rodriguez, does that sound all right to you? Ms. Rodriguez: So what -- the funding we have presently is 5.8; 1.5 will go -- Commissioner Gonzalez: Take away -- Ms. Rodriguez: -- to the Little Havana -- Commissioner Gonzalez: -- two million already. Ms. Rodriguez: Hold on. If five -- Chairman Winton: (INAUDIBLE). Ms. Rodriguez: Five point eight is going -- it was the funding. 123 April 10, 2003 Chairman Winton: (INAUDIBLE). Ms. Rodriguez: One point five, Little Havana Homeownership Trust, 500,000 to District 4; that leaves an RFP of 3.8. Commissioner Gonzalez: That's good. Vice Chairman Teele: OK. Would you -- Chairman Winton: (INAUDIBLE). Vice Chairman Teele: -- provide us with a map -- a pie chart that reflects the historical funding of the housing category by district for the last three or four years of just -- Ms. Rodriguez: I have one in front of me -- Vice Chairman Teele: -- housing? Ms. Rodriguez: I have one in front of me that I can provide you from `97 to 2002. Vice Chairman Teele: OK. Chairman Winton: Can I ask a question? Commissioner Regalado, do you have any idea why (INAUDIBLE)? These things go out by RFP, so don't (INAUDIBLE) developers apply for (INAUDIBLE)? Commissioner Gonzalez: His problem is not -- Commissioner Regalado: Because the impact fee, it is very high. It's $1.62, while in Brickell (INAUDIBLE) and then Little Havana, it's 67 (INAUDIBLE) cents (INAUDIBLE). Vice Chairman Teele: On Brickell, it's less than there? Commissioner Gonzalez: Commissioner -- Commissioner Regalado: I would have (INAUDIBLE) -- Commissioner Gonzalez: -- I don't think that's the real reason, because if you compared, the impact fees in Allapattah are higher than in Brickell also, and you have had some developments in -- Chairman Winton: It's mind-boggling. Commissioner Gonzalez: -- Allapattah. The problem with affordable housing is that many neighborhoods don't like affordable housing projects in their neighborhoods. Another issue -- 124 April 10, 2003 Commissioner Regalado: (INAUDIBLE) Commissioner Gonzalez: -- is that you need to have the land accessible to build a project, because you can have $20 million. If you don't have land, what are you going to build? Commissioner Regalado: In terms of the community, nobody has (INAUDIBLE) asked, so -- I mean, if we don't use it, it will come back to the -- Chairman Winton: OK. Great point. Commissioner Regalado: -- pot. Chairman Winton: Now, that's what I (INAUDIBLE). Vice Chairman Teele: That's the point. Chairman Winton: That's a great point, Commissioner Regalado, so -- Commissioner Regalado: So I -- every time, if we don't -- Chairman Winton: (INAUDIBLE). Commissioner Regalado: Every year, if we don't use this, if nobody applies for it, nobody uses, it will come back to the pot, and then the Commission will decide whatever. Chairman Winton: Great. I hear you. Vice Chairman Teele: OK. I still would renew my request. This is not a full list. There are agencies that have gotten money for administration. Ms. Rodriguez: You want the administration. Vice Chairman Teele: What I'm interested in seeing is a pie chart, by district, of how the housing dollars have been spent historically over the last five years. Ms. Rodriguez: Including administration. Vice Chairman Teele: Including everything -- Ms. Rodriguez: OK. Vice Chairman Teele: Doesn't that come out of the housing? Ms. Rodriguez: Yes. 125 April 10, 2003 Vice Chairman Teele: Including administration, et cetera. On the motion, all those in favor, say LL " aye. The Commission (Collectively): Aye. Vice Chairman Teele: All opposed have the same right. The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 03 -3 72 A MOTION AMENDING THE 29TH YEAR CDBG HOUSING DEVELOPMENT NOTICE TO PROVIDE FOR A SET ASIDE OF $1.5 MILLION OVER A THREE-YEAR PERIOD FOR DISTRICT 4 HOUSING INITIATIVES. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Vice Chairman Teele: All right. Could we try to move through this agenda? Is there anything else that has a time -- Ms. Thompson: I'm sorry, Commissioner. I'm sorry, Commissioner Teele. For our records, we don't show a seconder on that motion. Commissioner Sanchez: Which one? Vice Chairman Teele: The motion was by Commissioner Regalado, the seconder was by Commissioner Gonzalez. Ms. Thompson: Thank you. Vice Chairman Teele: OK. Can we try to move through -- is there any other time certain item? We left off with item number 12. Unidentified Speaker: 3:30, 23. 126 April 10, 2003 Commissioner Regalado: We have a (INAUDIBLE) Vice Chairman Teele: All right, a 3:30 item for 23. Oh, Ms. Rodriguez. Ms. Rodriguez: Yes, sir. Vice Chairman Teele: Would you, for the last meeting in May -- Chairman Winton: What item, 23? Unidentified Speaker: 23. Vice Chairman Teele: -- schedule and notice a public hearing on the single-family home program? And can we have a report from the ombudsman and a response from the City Commission -- I mean, and a response from the management on each point? And Mr. Manager, Mr. Manager, if you need to come back before then with the emergency authority, which I think you need to, please do so before that meeting, because the problem is is that the public has heard of our single-family home ownership problem before. It appears that we've not solved the problem, and we need to solve the problem, and we want -- we appointed an ombudsman to do a study, and we need to make sure that the ombudsman just doesn't come in and tell us how bad things are. We need to have a fix -it or a fix for the -- from the management on that issue. Victor Monzon (Chief of Neighborhood Services, City Manager's Office): So understood. Commissioner Regalado: Mr. Chairman, Barbara, any word on the state codesignations, the historic facades? We still have -- Ms. Rodriguez: They cleared 53, and it is moving faster, so we did fix the issue that you had with DMP (Downtown Miami Partnership). Commissioner Regalado: OK. Vice Chairman Teele: OK. I'm advised that several people wanted to be heard on Item 12, which was not a public hearing item, but the president of CODEC (Community Development Corporation), and I want to express our appreciation to CODEC. Mr. Diaz, we'd like to hear from you. If there's something you'd like for us to reconsider, we'll be happy to do that. Guarione Diaz: Thank you very much, Commissioner Teele. Let me say -- Guarione Diaz. I'm the president of CODEC, 1223 Southwest 4th Street. Commissioners, I have in front of me a letter from the United States Department of Housing and Urban Development, which advises us that we had been granted $6,942,000 to build 90 units of housing in a lot located on Southwest 1st Street and 10th Avenue, and in addition to that, we have been allocated $1 million -- $1,241,000 contract and budget authority. These funds do not need a match. They're funds already approved and allocated, coming to a project in the City of Miami for the benefit of senior citizens. I don't know exactly how the process would work out, but what I am concerned is that - 127 April 10, 2003 - by the way, we do not receive any development fees, so our only source of funding to support the development of this project would be funds allocated by the City of Miami for that purpose. Our track record was presented in the last Commission -- Vice Chairman Teele: Mr. Diaz. Mr. Diaz: I'm sorry. Vice Chairman Teele: Help us out. What is it you need? I mean, this is great news. You're coming here saying you're bringing $7 million or so of federal money to the community. We obviously want to be of help. What do you need? Mr. Diaz: My understanding is that the district Commissioner would have to approve or concur with that submission of a proposal, that then would be considered by the Administration -- by the City Administration, but without the Commissioner's concurrence, my understanding is -- and maybe Barbara can correct me -- she could not entertain a proposal for this particular purpose, so I am actually -- perhaps, you can clarify the issue, Barbara. Ms. Rodriguez: I think -- Vice Chairman Teele: Whose district is that project going to be in? Mr. Diaz: Commissioner Sanchez, sir. Ms. Rodriguez: I think that the issue that Mr. Diaz is presenting is that up to now CODEC has been getting paid, through CDBG, on an itemized budget. They did not have benchmarks last year. Now, on the new policy that we are recommending, he would have to meet certain benchmark; meaning, the project would have to have permit on a given date; they'll get a percentage. A permit -- you know, 20 percent of construction must be completed; they'll get a percentage, so the system that he will get paid will be different than what he's been getting paid up to now. To now, he gets paid regardless of how fast or slow the project goes; he gets paid. Commissioner Sanchez: Mr. Chairman. Chairman Winton: Administrative costs (INAUDIBLE) -- Ms. Rodriguez: That's correct. Chairman Winton: (INAUDIBLE). Ms. Rodriguez: That's correct. Chairman Winton: (INAUDIBLE). Ms. Rodriguez: Correct. 128 April 10, 2003 Commissioner Sanchez: Exactly. Ms. Rodriguez: Correct. Commissioner Sanchez: And I'm all for reasonable benchmarks. I think that every agency that does what they do out in the community has to have benchmarks. I mean, you could get federal assistance and have millions of dollars, but if you -- you're not able to get your project up and going, I mean, we -- you don't help anybody having millions of dollars stored away and not starting a program. What we want to do is expedite these housing, which is so needed in our community, but you know, we've got to have -- we have to have benchmarks. We just have to have benchmarks. Mr. Diaz: Commissioner, I fully agree, and I thank you for giving us the opportunity to apply for these funds with a benchmark system, and there's no doubt in my mind, because in the past ten years, we have built 600 units of housing already; they're completed, they're occupied. We're bringing into the City of Miami more than $80 million, eighty-eight -- eight zero with building and subsidies, so I agree fully. I thank you for giving us that opportunity, and I -- we'll do our best to once more succeed and complete this housing project. Commissioner Sanchez: OK. Mr. Diaz: Thank you. Vice Chairman Teele: Did you satisfy -- I mean, is -- Commissioner Sanchez: Yeah, it's -- hey, (INAUDIBLE) got everybody. Chairman Winton: It's done. Vice Chairman Teele: OK, good. All right. Commissioner Sanchez: It's done. 21. AUTHORIZE DIRECTOR OF FINANCE TO REIMBURSE SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION $181,339.69 FOR SPECIAL INTEREST ACCOUNT OF RESERVE FUND FOR $300,000,000 REVENUE BONDS, SERIES 1986, ISSUED BY SUNSHINE STATE GOVERNMENT FINANCING COMMISSION AS CITY'S SHARE OF OVERPAYMENTS RECEIVED BY BORROWERS AS RESULT OF INCORRECT CREDIT OF INTEREST FOR MARCH 2000 THROUGH SEPTEMBER 2002. Vice Chairman Teele: All right. The 3:30 item is -- was what, Item 26, did someone say? Twenty-three. Commissioner Sanchez: Which item? Vice Chairman Teele: Is that the Governmental State Financing Commission? 129 April 10, 2003 Scott Simpson (Director, Department of Finance): Yes, sir. Scott Simpson, Finance Department. Vice Chairman Teele: Do we have some out-of-town guests on this? Mr. Simpson: Yes, sir. We have the financial advisor, Craig Dunlab, as well as the director for the Sunshine Board, Dick Dowdy here. Commissioner Sanchez: I have one question. How did we end up in this mess? Mr. Simpson: Dick Dowdy, the director of the Sunshine Board, will be here to explain it. Chairman Winton: I think they created the mess. Vice Chairman Teele: Well, it's a good mess -- Dick Dowdy: For the record -- Vice Chairman Teele: -- they loaned us money. Mr. Dowdy: -- Mr. Chairman, my name is Dick Dowdy. I'm the program administrator for the Sunshine State Governmental Financing Commission in Tallahassee, Florida. We very much regret having to bring this matter to you, but the error occurred by our former trustee bank. Over a 30 -month period, they over -credited interest earnings in your loan account, and we did not discover that error until we fired them, and in firing them, we found that there had shortened the debt service reserve fund by the amounts that were over -credited to the borrowers. Miami was one of eight borrowers affected by this over -billing error or over -crediting of the interest earnings, so we regret very much having to bring this to you. We did not catch it during that 30 - month period. Our auditors -- Commissioner Sanchez: Second. Vice Chairman Teele: It's been moved and second. Is there further objection? I have a question. Are you all still in the business of loaning? Mr. Dowdy: Yes, sir, we are. We've issued over $1.2 billion, representing about 80 loans, and the City has borrowed 76 million, representing about four loans. You currently have outstanding about 8.5 million. Again, this was not a Commission error; it was our trustees billing error, and we did rectify the situation by terminating their services. Vice Chairman Teele: But I think, you know, even though none of us were here when the crisis occurred, we should put on the record that the fund was very, very instrumental in making a loan to the City of Miami at a point in time that very few other entities would even consider it. Mr. Dowdy: That's correct. 130 April 10, 2003 Vice Chairman Teele: And we do want to be courteous to you, and to express our appreciation to you and your trustees. Mr. Dowdy: That's correct, Mr. Chairman, and I also might add that during this financial hardship, we did work with the City staff throughout this period of time, and this particular billing error, the City staff did not know about that, had no reason to believe of that; they're not at fault. We provided full reporting to your consultant, as well as to your Finance staff, and appreciate their assistance and cooperation. Vice Chairman Teele: Thank you very much. The motion has been moved and second. Is there objection? All those if favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All opposed? It's unanimously adopted. The following resolution was introduced by Chairman Winton, who moved for its adoption: RESOLUTION NO. 03-373 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO REIMBURSE THE SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION $181,339.69 FOR THE SPECIAL INTEREST ACCOUNT OF THE RESERVE FUND FOR THE $300,000,000 REVENUE BONDS, SERIES 1986, ISSUED BY THE SUNSHINE STATE GOVERNMENT FINANCING COMMISSION AS THE CITY OF MIAMI'S SHARE OF OVERPAYMENTS RECEIVED BY THE BORROWERS AS A RESULT OF THE INCORRECT CREDIT OF INTEREST FOR THE PERIOD MARCH 2000 THROUGH SEPTEMBER 2002. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado Commissioner Angel Gonzalez Vice Chairman Teele: Would you check to see why our intern -- our external auditors didn't catch it? 131 April 10, 2003 Mr. Simpson: Well, the way the transaction was set up, it -- they would not have had the detailed record, because basically what happens is the trustee goes in and takes the earnings that's been allocated to the pool, and the problem was the trustee was paying on the gross amount before carrying costs of interests, so it wouldn't have been preview in our audit. The auditor for the trustee actually one, two years missed the same transaction until the trustee -- the new trustee came in to do a reconciliation of the funds, and found out the debt service pool was short roughly two and half million dollars. Vice Chairman Teele: All right. Thank you very much. Thank you -- Mr. Simpson: Thank you. Vice Chairman Teele: -- Scott. 22. SECOND 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: All right. Item number 13. Do we have four people on the dais? No. Commissioner Sanchez: No. Vice Chairman Teele: Item number 14, Mr. Attorney. Alejandro Vilarello (City Attorney): Item number 14 is second reading of the ordinance, which requires that appointees of nominated members -- individuals who will be executive directors of any agency would be required to meet with City Commissioners prior to being considered for a vote. Chairman Winton: (INAUDIBLE). Vice Chairman Teele: Is there objection? Commissioner Sanchez. Chairman Winton: Mr. Chairman. Vice Chairman Teele: Yes, sir. Chairman Winton: I think that this might be -- ought to be modified. It says "shall meet," which requires they meet. There is no question (INAUDIBLE) -- Vice Chairman Teele: Shall attempt to meet. 132 April 10, 2003 Chairman Winton: Yeah, shall attempt to meet. I think the (INAUDIBLE) needs to be put in there because we're all busy, and sometimes we don't -- we really don't have the desire to meet with somebody, or we're out of town and (INAUDIBLE) -- Commissioner Sanchez: So move, and I accept the amendment. Chairman Winton: Thank you. Vice Chairman Teele: All right. Shall reasonably attempt to meet or some -- Chairman Winton: "Reasonably attempt" is good. Vice Chairman Teele: Yeah. -- some words like that, and I think -- Commissioner Sanchez: Adverbs. Vice Chairman Teele: -- what we should do, though, in this ordinance, we should designate someone, such as the City Attorney or the City Clerk, to facilitate, or to at least, you know -- it's kind of hard for people to come in -- and either the -- maybe the Clerk's Office is a better office. Mr. Vilarello: It's provided for that the Clerk shall facilitate it. Vice Chairman Teele: Oh, it does provides it? OK. Further discussion, as amended? All those -- read the title, please. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Teele: Call the roll, please. Priscilla A. Thompson (City Clerk): Roll call. 133 April 10, 2003 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 A 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 passed on its first reading, by title, at the meeting of March 27, 2003, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Sanchez, seconded by Chairman Winton, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado Commissioner Angel Gonzalez SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12352 Ms. Thompson: The ordinance has been adopted on second reading, 3/0. 23. SECOND READING ORDINANCE: AMEND CHAPTER 18, ARTICLE IX/DIVISION 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: Next item. All right. We need support of staff if we're going to move this agenda. Mr. Director, isn't this the Budget Director's item? Come right up and explain the item, please, sir. Larry Spring (Chief, Strategic Planning, Budgeting and Performance): Good afternoon, Mr. Chairman, Commissioners. Again, we're before you to discuss changing of the Financial 134 April 10, 2003 Integrity Ordinance, Chapter 18, Article IX/Division 2 of the Code, which establishes March 31st as the annual date of the -- annual due date for the Five -Year Financial Plan. Vice Chairman Teele: You want to put your name and title on the record? Mr. Spring: Yes, you're correct, sir. Larry Spring, Chief of Strategic Planning, Budgeting and Performance for the City of Miami. Vice Chairman Teele: This was a compromise. You all had come in and requested it to be a -- Mr. Spring: A permanent change, but we compromised for a one-year change to the date of September 30th for the Five -Year Financial Plan and October 30 for the CIP (Capital Improvement Program) Plan. Chairman Winton: So move. Commissioner Sanchez: Second. Vice Chairman Teele: And does the ordinance state in the years thereafter, we go back to the other date? Mr. Spring: That is correct. We did correct that. Vice Chairman Teele: OK. It's been moved and seconded. Read the title. Note for the Record: The ordinance was read by title into the public record by the City Attorney. Commissioner Sanchez: Call the question. Vice Chairman Teele: Madam Clerk. 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. 135 April 10, 2003 was passed on its first reading, by title, at the meeting of March 27, 2003, was taken up for its second and final reading, by title, and adoption. On motion of Chairman Winton, 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: Commissioner Tomas Regalado Commissioner Joe Sanchez Vice Chairman Arthur E. Teele, Jr. Chairman Johnny L. Winton NAYS: None ABSENT: Commissioner Angel Gonzalez SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12353. The ordinance was read by title into the public record by the City Attorney. Vice Chairman Teele: Next item. Mr. Spring: Thank you. Priscilla A. Thompson (City Clerk): The ordinance is adopted on second reading, 4/0. 24. SECOND 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. Larry spring (Chief of Strategic Planning, Budgeting & Performance): Thank you. Alejandro Vilarello (City Attorney): Item 16 is an ordinance that provides for the opting out of the CRAB (Community Redevelopment Agencies) from the Cone of Silence, as is -- Chairman Winton: So moved. Mr. Vilarello: -- consistent with the balance of the other independent agencies of the City. Commissioner Sanchez: Second. Vice Chairman Teele: Read the item -- read the title. 136 April 10, 2003 The Ordinance was read by title into the public record by the City Attorney. Chairman Winton: Roll call. Vice Chairman Teele: Madam Clerk. Priscilla A. Thompson (City Clerk): Roll call. 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 passed on its first reading, by title, at the meeting of March 27, 2003, was taken up for its second and final reading, by title and adoption. On motion of Chairman Winton, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Angel Gonzalez SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12354 Ms. Thompson: The ordinance has been adopted on second reading, 4/0. 137 April 10, 2003 25. SECOND 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: All right. Next item. Come on, Mr. Attorney. Chairman Winton: Move 17. Commissioner Sanchez: Second. Vice Chairman Teele: Read the item, Mr. Attorney. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Teele: Madam Clerk. Priscilla A. Thompson (City Clerk): Roll call. 138 April 10, 2003 An Ordinance Entitled - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 12280 TO REFLECT A FUNDING INCREASE FOR EXISTING OR NEW CAPITAL IMPROVEMENT PROJECTS; AND AUTHORIZING THE ACCEPTANCE AND APPROPRIATION OF SIX 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 FOR IMPROVEMENTS TO THE 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, PURSUANT TO THE PROVISIONS OF THE SAFE NEIGHBORHOOD PARKS ORDINANCE; FURTHER AUTHORIZING THE ALLOCATION AND PAYMENT OF (1) SUPPLEMENTAL FUNDS REQUIRED TO COMPLETE SAID PROJECTS IF THE COSTS OF SAID PROJECTS EXCEED THE GRANT APPROPRIATION, AND (2) FUNDS TO OPERATE, MAINTAIN AND PROVIDE PROGRAMMING AT EACH PROJECT UPON ITS COMPLETION. was passed on its first reading, by title, at the meeting of March 27, 2003, was taken up for its second and final reading, by title and adoption. On motion of Chairman Winton, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Angel Gonzalez SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12355. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. 139 April 10, 2003 26. SECOND READING ORDINANCE: AMEND CITY CODE SECTION 2-892 AND ADD NEW DIVISION 3 ENTITLED "COMMUNITY REVITALIZATION," TO CREATE AND ESTABLISH LITTLE HAVANA HOMEOWNERSHIP TRUST, OF THE CODE. Vice Chairman Teele: Next item. Commissioner Sanchez: Eighteen. Vice Chairman Teele: Mr. Attorney. Alejandro Vilarello (City Attorney): Item 18 is the proposed second reading -- Chairman Winton: Move the item. Mr. Vilarello: -- of Little Havana Homeownership Trust. Commissioner Sanchez: Second, with one amendment, and that is need to amend Section IE, the part that establishes a procedure for appointing of members. The part that says "no appointment shall be made by the City Manager until a notice have been given in newspaper of general circulation in the City of the appointments to be made to the Trust at least 30 days prior to making an appointment." We need to make a minor amendment to change that to notice period of ten days. So move. Vice Chairman Teele: Changing the notice period from 30 to 10. Commissioner Sanchez: Yes, sir. Vice Chairman Teele: All right. Commissioner Regalado: Second. Vice Chairman Teele: Without objection by the maker of the motion. It's adopted. Madam -- Mr. Attorney, would you read the title? The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Roll call. 140 April 10, 2003 An Ordinance Entitled - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING THE CHAPTER ENTITLED "COMMUNITY REVITALIZATION" TO CREATE AND ESTABLISH THE LITTLE HAVANA HOMEOWNERSHIP TRUST (THE "TRUST") BY DESIGNATING THE TRUST'S JURISDICTIONAL AUTHORITY AS AN AGENCY AND INSTRUMENTALITY OF THE CITY OF MIAMI; SETTING FORTH THE TRUST'S PURPOSE, POWERS AND DUTIES, INCLUDING BUT NOT LIMITED TO: TO SUE AND BE SUED, PLEAD AND IMPLEAD, CONTRACT AND BE CONTRACTED WITH, AND TO OWN AND DISPOSE OF REAL PROPERTY; PROVIDING FOR COMPOSITION AND APPOINTMENTS AND PROCEDURES, NOMINATION AND ELECTION PROCEDURES, TERMS OF OFFICE, VACANCIES, MEMBERSHIP QUALIFICATIONS, ATTENDANCE REQUIREMENTS, OFFICERS; OATH, QUORUM AND VOTING, MEETINGS, INDEMNIFICATION, ABOLISHMENT, AN EXECUTIVE DIRECTOR AND STAFF, COUNSEL, BUDGET APPROVAL AND ANNUAL REPORT AND PROVIDING FOR "SUNSET" REVIEW; MORE PARTICULARLY BY AMENDING SECTION 2-892 AND ADDING NEW DIVISION 3 TO THE CHAPTER, ENTITLED "COMMUNITY REVITALIZATION," OF THE CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR INCLUSION IN THE CITY CODE. was passed on its first reading, by title, at the meeting of July 26, 2001, 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: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Angel Gonzalez SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12356. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. 141 April 10, 2003 27. FIRST READING ORDINANCE: AUTHORIZE ACCEPTANCE OF GRANT FROM FLORIDA LAND AND WATER CONSERVATION FUND FROM STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, $200,000 FOR CREATION OF BAYWALK ON WATSON ISLAND; AMEND ORDINANCE NO. 12280, CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE, TO APPROPRIATE SAID GRANT FUNDS INTO CIP PROJECT ENTITLED "WATSON ISLAND IMPROVEMENTS". Vice Chairman Teele: Item 19. Commissioner Sanchez: So move. Vice Chairman Teele: It's second by Commissioner Regalado. Read the item, please. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Roll call. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AUTHORIZING THE ACCEPTANCE OF A GRANT FROM THE FLORIDA LAND AND WATER CONSERVATION FUND FROM THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION IN THE AMOUNT OF $200,000 FOR THE CREATION OF A BAYWALK ON WATSON ISLAND; FURTHER AMENDING ORDINANCE NO. 12280, AS AMENDED, THE CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE, TO APPROPRIATE SAID GRANT FUNDS IN THE AMOUNT OF $200,000 INTO CIP PROJECT NO. 333126 ENTITLED "WATSON ISLAND IMPROVEMENTS"; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT ACCEPTANCE OF SAID GRANT. was introduced by Commissioner Sanchez, seconded by Commissioner Regalado, and was passed on first reading, by title only, by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Angel Gonzalez Ms. Thompson: The ordinance is passed on first reading, 4/0. 142 April 10, 2003 28. FIRST READING ORDINANCE: AMEND ORDINANCE NO. 11418, WHICH ESTABLISHED INITIAL RESOURCES AND APPROPRIATIONS FOR SPECIAL REVENUE FUND ENTITLED, "PARTNERSHIP FUND;" TO INCREASE APPROPRIATIONS TO FUND, RECEIVED AND ACCEPTED AS DONATIONS FROM VARIOUS PRIVATE ORGANIZATIONS, $26,899; AUTHORIZE DEPARTMENT OF POLICE TO EXPEND SAID FUNDS ON COMMUNITY EVENTS AND IN-HOUSE PROGRAMS. Vice Chairman Teele: Next item. Chairman Winton: So moved. Vice Chairman Teele: Second by Commissioner Regalado. Commissioner Sanchez: That's 20? Vice Chairman Teele: Would you read the item, please? Item 20. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Roll call. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11418, AS AMENDED, ADOPTED ON DECEMBER 12, 1996, WHICH ESTABLISHED INITIAL RESOURCES AND APPROPRIATIONS FOR THE SPECIAL REVENUE FUND ENTITLED, "PARTNERSHIP FUND;" TO INCREASE APPROPRIATIONS TO THE FUND, SAID FUNDS RECEIVED AND ACCEPTED AS DONATIONS FROM VARIOUS PRIVATE ORGANIZATIONS, IN THE AMOUNT OF $26,899; AUTHORIZING THE DEPARTMENT OF POLICE TO ACCEPT DONATIONS FROM VARIOUS PRIVATE ORGANIZATIONS TO BE DEPOSITED IN SAID SPECIAL REVENUE FUND; FURTHER AUTHORIZING THE DEPARTMENT OF POLICE TO EXPEND SAID FUNDS ON COMMUNITY EVENTS AND IN-HOUSE PROGRAMS INCLUDING THE PUBLICATION OF THE DEPARTMENT'S ANNUAL REPORT; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. 143 April 10, 2003 was introduced by Chairman Winton, seconded by Commissioner Regalado, and was passed on first reading, by title only, by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Angel Gonzalez Ms. Thompson: The ordinance has been passed on first reading, 4/0. 29. FIRST READING ORDINANCE: AMEND CHAPTER 16 OF CITY CODE ENTITLED "ELECTIONS," BY ADDING SECTION 16-6(a)(6), REQUIRING PAYMENT OF $100.00 TO QUALIFY TO RUN FOR MAYOR AND ADD SECTION 16-6(b)(7), REQUIRING PAYMENT $100.00 TO QUALIFY TO RUN FOR COMMISSIONER; AMEND SECTION 16- 6(c), TO ESTABLISH WHEN QUALIFICATION FEE IS TO BE PAID; ADD SECTION 16-7, TO ESTABLISH EXEMPTION FROM PAYMENT OF QUALIFICATION FEE. Vice Chairman Teele: All right. Now, on this Mayor's ordinance relating to the amount, Mr. Attorney, isn't it set up by law that it's five percent or ten percent of the salary? Alejandro Vilarello (City Attorney): The City Commission establishes that amount. Commissioner Sanchez: We're home rule. Vice Chairman Teele: And we've never established it? What is it now? Mr. Vilarello: Madam Clerk, I believe it's $100. Priscilla A. Thompson (City Clerk): Prior (INAUDIBLE) we had (INAUDIBLE) charter amendment, and prior to the charter amendment, it was $100. When the charter changed in 2001, it adopted (INAUDIBLE) to prescribe (INAUDIBLE) and prescribe by ordinance by the Commission. Commissioner Sanchez: Right. The November 2001 was the charter amendment that was passed. Ms. Thompson: That is correct. Commissioner Sanchez: That -- OK, so we're -- Vice Chairman Teele: OK, but the question is this: Normally, it's a percentage of the salary. Isn't it five percent, normally? 144 April 10, 2003 Commissioner Sanchez: Isn't that the state (UNINTELLIGIBLE)? Mr. Vilarello: One percent in the statute. Vice Chairman Teele: Say again. Mr. Vilarello: I believe it's one percent in the statutes, Commissioner, but I need to -- Vice Chairman Teele: It's one percent of the salary? Mr. Vilarello: One percent of the annual salary. Vice Chairman Teele: Is that what it is for Congress? Mr. Vilarello: I don't know, sir. Chairman Winton: (INAUDIBLE). Ms. Thompson: According to the Statute, 99.092, it does say one percent of the salary. Commissioner Sanchez: But it's my understanding under our charter, we could set whatever amount we want. I mean, different cities throughout the state -- Vice Chairman Teele: There's no question. -- Commissioner Sanchez: -- have different amounts. Vice Chairman Teele: -- we have the authority to do -- Commissioner Sanchez: Exactly. Vice Chairman Teele: -- what it is we want. Commissioner Sanchez: The question is, what do we want to do? Do we make it fair -- I mean, I don't want to make it so expensive that people feel that they can't participate in government because the amount is too high, so if anything, I'm prepared to make a motion to leave it at what itis, $100. Chairman Winton: Second. Commissioner Regalado: Oh, I (INAUDIBLE). Commissioner Sanchez: If we go under the formula -- the State formula, it's based on a percentage. I think the Mayor's like a thousand -something dollars, and the Commissioners is 145 April 10, 2003 like, I think, a $100 or something like that, or 50 bucks. I don't know what the formula is, but may -- Vice Chairman Teele: We have a figure of $100. We have no direction from the Mayor to the contrary. Commissioner Sanchez: So $100. Vice Chairman Teele: Mr. Clerk, read the -- Mr. Attorney, read the item into the record. Commissioner Sanchez: On both. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Roll call. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 16 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ELECTIONS," MORE PARTICULARLY BY ADDING SECTION 16-6(a)(6), REQUIRING PAYMENT OF A FEE IN THE AMOUNT OF $100.00 TO QUALIFY TO RUN FOR MAYOR OF THE CITY OF MIAMI, AND ADDING SECTION 16-6(b)(7), REQUIRING PAYMENT OF A FEE IN THE AMOUNT OF $100.00 TO QUALIFY TO RUN FOR COMMISSIONER OF THE CITY OF MIAMI; AMENDING SECTION 16-6(c), TO ESTABLISH WHEN THE QUALIFICATION FEE IS TO BE PAID; ADDING SECTION 16-7, TO ESTABLISH AN EXEMPTION FROM PAYMENT OF THE QUALIFICATION FEE REQUIRED BY SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Sanchez, seconded by Chairman Winton, and was passed on first reading, by title only, by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Angel Gonzalez Ms. Thompson: The ordinance is passed on first reading, 4/0. 146 April 10, 2003 30. DIRECT CITY ATTORNEY TO TAKE ACTIONS NECESSARY, INCLUDING ENGAGEMENT OF LEGAL COUNSEL AGAINST BUNKERS OF MIAMI. Vice Chairman Teele: All right. Item Number 23 we've done. Item Number 24. Alejandro Vilarello (City Attorney): Mr. Chairman, I'd like to withdraw the resolution that's before you. The parties agreed to enter into binding arbitration, however, I would like you to consider a substitute resolution, which allows us to proceed with litigation against the engineering company by the name of Schnars Engineering. They were not represented by the parties that appeared before you at the last Commission meeting, and it does -- the resolution does allow for them to join in the binding arbitration. Chairman Winton: So move. Commissioner Sanchez: Wait. I would -- I feel much comfortable getting the resolution and reading it, and then voting on it. I -- Have you seen the resolution? I haven't seen it. Commissioner Regalado: While we (INAUDIBLE) Mr. Manager, are these for show or are these for TV (television) (INAUDIBLE). Victor Monzon-Aguirre (Chief of Neighborhood Services): I believe the TVs (televisions) are for when they're giving you a -- I believe the monitors in front of you are for when they have presentations. Commissioner Regalado: Well, they used to have the running of the City Commission. Mr. Monzon-Aguirre: I'll find out from our technical gurus. Vice Chairman Teele: Who's the expert on these things -- on this system? Mr. Monzon-Aguirre: We'll get the project manager. Mr. Vilarello: The substitute resolution is identical to the resolution that's in your package, with the exception that it only authorizes us to proceed against Schnars Engineering. They were named initially in the resolution that appeared in your package. Vice Chairman Teele: Where is this engineering firm headquartered? Mr. Vilarello: I don't know, sir. Vice Chairman Teele: Who selected the engineering firm? Mr. Vilarello: I believe the City entered into a contract with the engineering firm. Vice Chairman Teele: The City entered into the contract. Motion and a second. Is there a second? 147 April 10, 2003 Commissioner Sanchez: Second. Vice Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 03-374 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO TAKE ACTIONS NECESSARY, INCLUDING THE ENGAGEMENT OF LEGAL COUNSEL, AGAINST SCHNARS ENGINEERING CORPORATION, TO OBTAIN RELIEF OR TO REMEDY ANY LOSSES OR DAMAGES SUSTAINED BY THE CITY RELATED TO ALLEGATIONS IN GREGORI INTERNATIONAL OF FLORIDA, INC. VS. CITY OF MIAMI, IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 97- 16935 CITY ATTORNEY (02) OR, IN THE ALTERNATIVE, ALLOWING SCHNARS ENGINEERING CORPORATION, A FLORIDA CORPORATION, TO JOIN THE BINDING ARBITRATION BETWEEN THE CITY OF MIAMI AND BUNKERS OF MIAMI, A FLORIDA JOINT VENTURE. (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: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Angel Gonzalez Vice Chairman Teele: Commissioner Gonzalez is not here. I'm sure he's making his way to the dais, but Mr. Manager, I just want to say this -- I guess it's to the Attorney. You know, this Bunkers thing has gone on, and on, and on, and I would hope that binding arbitration means binding arbitration, and I would hope, you know, that whatever judgment, whatever decision is rendered that we all agree to live by it and not to play games, because this City is getting a reputation where you never finish the negotiating. I mean, you negotiate and things get changed, and things get changed, and the City Attorney sends something; they sign it, and then it comes back after the City Attorney has sent something, and people say that the office is asking for more 148 April 10, 2003 changes. We can't operate like that, Mr. Attorney, and all that I want to say is this. This Bunkers thing has gone on long enough, and I hope that this is going to be the end, and if anybody's got any ideas of not being bound, you will not have my support, so I don't know how it's going to come out, but all I'm saying is that we all ought to agree that this is the end of this, and we're going to live by whatever decision comes out of it. Mr. Attorney. Mr. Vilarello: The agreement that was entered into is an agreement with binding arbitration. Vice Chairman Teele: There are no ways you can get out of appeal or -- Mr. Vilarello: And either party has the right to go into court and enforce the judgment of the arbitrators. Vice Chairman Teele: To enforce? Mr. Vilarello: Yes, sir. Vice Chairman Teele: All right. It's just a high level of frustration around that item, and I know that Commissioner Gonzalez -- on -- in the context of the MSEA (Miami Sports and Exposition Authority) has expressed his desire, and it's literally a project that if it were on Brickell, it wouldn't be unfulfilled like that. Nobody would have something -- I don't mean to pick on you, Johnny. I'm not -- I'm not picking on you, but I'm just saying the way Bunkers looks, the way that project looks now, it really is an unfinished symphony, and not in the beautiful sense of the beautiful unfinished symphony, but it's work in progress. Commissioner Gonzalez: I agree with you. It's another project of the City of Miami. I don't know why we have been -- we haven't been acting in good faith to find a solution to this issue, and since I became Commissioner a year and so ago, since December last year, I've been asking and begging to please sit down and solve this problem and get this project through, and, you know, it's frustrating because it got to a point where an official of the City of Miami told me in my office that he didn't like to play golf in this golf course. When I asked him why was this being delayed and why they were putting so much obstacles in this project, "Well, I don't like to play in this golf course." I mean, I don't think that's a reason -- it's like saying I don't want to build a Radisson Hotel because I don't like the name Radisson. I mean, I don't want to approve building the City Hall because I don't like the way the walls have been painted, you know. I mean, it's ridiculous. I mean, what kind of games are we playing in here, and I hope that this will be the end, you know, the final solution to the matter. One way or the other, if we win, we win; if we lose, we lose and that's it, but, you know, end of the game because these people have been played with for -- I don't know, five or six, or seven years. I don't know how long this been going on, and it's time that we move forward, and the only way that we're going to resolve it, I believe, is with this arbitration. Vice Chairman Teele: OK. 149 April 10, 2003 31. TABLED: REPORT FROM COMMUNITY RELATIONS BOARD CONCERNING PROBLEM OF ILLOGICAL PRECINCT LOCATIONS. (See #35) Vice Chairman Teele: OK. What we -- what Commissioner Winton and I would like to agree with is let's go straight to the blue pages, we'll come back and do appointments, and then we'll do pocket items, and hopefully, we'll get out of here within the next hour. Unidentified Speaker: Yes, sir. All right. Commissioner Regalado: Excuse me, Mr. Chairman. Vice Chairman Teele: Yes. Commissioner Regalado: There is a presentation from the Community Relations Board (INAUDIBLE). Vice Chairman Teele: What item is that? Commissioner Regalado: What item is it? Thirty-five. Chairman Winton: How long is this presentation? Commissioner Regalado: That's the direction that will take us from the City Commission regarding the voting precincts (UNINTELLIGIBLE) elections. They were asked to go and see (INAUDIBLE) of the elections; they did went, but there were some illogical precincts. Vice Chairman Teele: Well, I tell you what I'd like to do is this: I've not had a chance to do this, but there's two things that are very important. We appointed a Commission, headed by Commissioner Gonzalez -- and I don't know where you are on it -- to look at the boundaries issues. In the context of the fact that we're in the middle of a re -censusing [sic] or redistricting, so we've got three things going on that all overlap. We've got a census -- the every ten years redrawing the boundaries; we're looking at expanding the boundaries, I would hope, and I would hope that that could be move forth a lot more aggressively, Mr. Attorney, under Commissioner Gonzalez's leadership, and then we have this whole issue of the precincts, and where the precincts are located. When I went in to meet with the attorney, the outside attorney that is doing the census redistricting -- what's the name of that firm? Mr. DeGrandy -- I made mention that the Clerk's Office, the Attorney's Office, and the Community Relations Board were supposed to be working together to come up with some recommendations. Have you all had the opportunity to meet with Mr. DeGrandy on that? And I really would like, if we could, to get everybody to look at this thing at one time, if you don't -- because DeGrandy is working the maps, and he's looking at exactly where we're trying to go, and one of the problems is, we don't want to just correct where we've been; we want to correct where we're going, and if it would be all right with you, I would ask -- because we've got three meetings now in May, so we ought to be able to take like the first meeting in May or the second meeting in May and really have enough time to look at some of these issues, and I really would like to see if we could bring up the DeGrandy report and see where we are on that, Mr. Attorney. 150 April 10, 2003 Commissioner Gonzalez: All right. Commissioner Teele, I believe that Mr. DeGrandy is going to be making a presentation on May 8, so -- Vice Chairman Teele: May 8? Joel Maxwell (Deputy City Attorney): You have -- Commissioner Gonzalez: Yes, sir. Vice Chairman Teele: Is that the April 24, meeting? Mr. Maxwell: No. Commissioners -- excuse me. Commissioner Gonzalez: No. Mr. Maxwell: You had -- what was scheduled and about to be advertised, prior to the change in the meeting dates, was a workshop on April 24 -- Commissioner Gonzalez: On April 24. Mr. Maxwell: -- on redistricting. Mr. DeGrandy was going to conduct a workshop for you, and it was scheduled at the first meeting in May, which was May 8 at that time; you would officially consider the resolution restructuring districts -- Commissioner Gonzalez: Right. Mr. Maxwell: -- in the City. Now, right now, that date has been moved to -- Vice Chairman Teele: No. Mr. Maxwell: -- May 1 for the -- Vice Chairman Teele: No, no, we didn't move anything. All we moved was the 24th meeting to the 1st of April, so the workshop will be -- Mr. Maxwell: On the 1 st. Vice Chairman Teele: -- on April -- on May 1 -- Mr. Maxwell: May 1, yes. Vice Chairman Teele: -- and the formal presentation will be on May 8. Mr. Maxwell: May 8. 151 April 10, 2003 Commissioner Gonzalez: On May 8. Mr. Maxwell: That's what I was about to say. Vice Chairman Teele: Yeah. Mr. Maxwell: OK. Vice Chairman Teele: And what I'm trying to say is rather than having the Community Relations Department [sic] looking at the precincts in a vacuum, let them look at this with Mr. DeGrandy so we can get one comprehensive package. Chairman Winton: So moved. Commissioner Regalado: Mr. Chairman. Vice Chairman Teele: Commissioner Regalado. Commissioner Regalado: Well, I think that -- I, for one, was looking forward to the report, because -- especially in District 4, there was some -- another issue, and has not been corrected yet, like for instance, having a precinct in one building, and the people from that building, who live in that building, cannot vote; they have to travel 20 blocks to another building. That has not been corrected, and it has not been corrected because the County just don't pay attention to us, because the Administration is not supporting, in any way, shape, or form, the Community Relations Board. They were told -- they were asked to do a job; they did it. On Election Day, as a favor, as a favor, the former NET (Neighborhood Enhancement Team) director (INAUDIBLE) had been banned for something for transportation. Vice Chairman Teele: Commissioner, would you yield just one moment? Commissioner Regalado: Sure. Vice Chairman Teele: Commissioner Winton is -- I was trying to get through the agenda so that we had Commissioner Winton. He is under tremendous pain. He's going to have to leave, but he would like to request a courtesy of the Commissioners, individually, to defer certain items so that he could be with us. Commissioner Regalado: Sure. Vice Chairman Teele: And if we could just get that on the record. Commissioner Regalado: Sure, no problem. 152 April 10, 2003 32. DEFER CONSIDERATION OF: ROTATING CHAIRMANSHIP OF ALL BODIES THAT COMMISSIONERS SERVE ON AND DISCUSSION REGARDING $255 MIL HOMELAND DEFENSE AND NEIGHBORHOOD IMPROVEMENT BOND. Chairman Winton: And it's all blue sheet items (INAUDIBLE). Commissioner Sanchez, if we could defer Item A blue sheet, and Commissioner Teele's Item -- Vice Chairman Teele: B. Chairman Winton: -- B on yours. If we could defer those until I (INAUDIBLE) come to the next Commission meeting, I would really appreciate that. Vice Chairman Teele: Without objection, Item B, under District 5, and Item A, under -- Chairman Winton: Under District (INAUDIBLE). Vice Chairman Teele: Under District 3, to be deferred to the first meeting -- to the next regular meeting. Without objection, all those in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All opposed? The following motion was introduced by Chairman Winton, who moved for its adoption: MOTION NO. 03-375 A MOTION TO DEFER CONSIDERATION OF: • DISCUSSION CONCERNING ROTATING THE CHAIRMANSHIP OF ALL BODIES THAT COMMISSIONERS SERVE ON, SUCH AS THE CRA, BAYFRONT TRUST, ETC.; AND • DISCUSSION AND MOTIONS REGARDING THE $255 MIL HOMELAND DEFENSE AND NEIGHBORHOOD IMPROVEMENT BOND SPECIFICALLY RELATED TO THE FOLLOWING ITEMS APPROVED BY THE VOTERS: A) POLICE TRAINING FACILITY AND HOMELAND DEFENSE INITIATIVES - $21 MIL, B) LITTLE HAITI PARK - $25 MIL, C) ORANGE BOWL - $16 MIL, D) QUALITY OF LIFE - $25 MIL (BY DISTRICT), E) NEIGHBORHOOD PARK IMPROVEMENTS AND ACQUISITION - $21 MIL SPECIFICALLY RELATING TO GIBSON/RANGE PARKS AND, F) SOCCER COMPLEX DEVELOPMENT - $10 MIL, G) MARGARET PACE PARK - $4, H) CALLE OCHO IMPROVEMENT - $6 MIL. 153 April 10, 2003 Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Chairman Winton: Thank you very much, and my apologies to all of you for having to leave. I'll see y'all in (INAUDIBLE). Vice Chairman Teele: OK. Commissioner Regalado: Be well. Chairman Winton: Thank you. Vice Chairman Teele: And Mr. -- Commissioner Winton, just so that you're here, let me just clarify one thing. On the green -- on the blue pages -- green pages -- Commissioner Regalado: Imagine, Johnny, you trying to get off the dais in the Artime Theater. How do you do that? Victor Monzon (Chief of Neighborhood Services, City Manager's Office): Commissioners. Chairman Winton: I'm pretty confident with these crutches already. 33. EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND ENTITLED: "SUMMER FOOD SERVICE PROGRAM FOR CHILDREN 2003" AND APPROPRIATE $557,868, CONSISTING OF GRANT FROM UNITED STATES DEPARTMENT OF AGRICULTURE THROUGH FLORIDA DEPARTMENT OF EDUCATION. Victor Monzon (Chief of Neighborhood Services, City Manager's Office): Mr. Chairman. Vice Chairman Teele: Yes. Mr. Monzon-Aguirre: There's Item 13, which requires a 4/5ths vote, and before the Chairman -- I mean, before Commissioner Winton leaves -- Vice Chairman Teele: Item what? 154 April 10, 2003 Mr. Monzon-Aguirre: Item 13. Vice Chairman Teele: We missed it? Mr. Monzon-Aguirre: Item 13. Chairman Winton: So moved. Commissioner Gonzalez: Second. Vice Chairman Teele: Is there objection? It's an ordinance, isn't it? Chairman Winton: It's a grant. Mr. Monzon-Aguirre: It's a grant. Vice Chairman Teele: It's an ordinance. Mr. Attorney, would you read it? The Ordinance was read by title into the public record by the Vice Chairman Teele. Vice Chairman Teele: Madam Clerk, call the roll. Priscilla A. Thompson (City Clerk): First roll call. Second roll call. An Ordinance Entitled — AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "SUMMER FOOD SERVICE PROGRAM FOR CHILDREN 2003" AND APPROPRIATING FUNDS FOR THE OPERATION OF THE PROGRAM IN THE ESTIMATED AMOUNT OF $557,868, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE THROUGH THE FLORIDA DEPARTMENT OF EDUCATION; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE AND TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE SCHOOL BOARD OF MIAMI-DADE COUNTY FOR THE PROVISION OF LUNCHES AND SNACKS TO THE PARTICIPANTS OF THE CITY OF MIAMI'S 2003 SUMMER FOOD SERVICE PROGRAM FROM JUNE 16, 2003 THROUGH, AUGUST 15, 2003; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 155 April 10, 2003 was introduced by Chairman Winton and seconded by Commissioner Gonzalez, 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: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado NAYS: None ABSENT: Commissioner Joe Sanchez. Whereupon the Commission on motion of Chairman Winton and seconded by Commissioner Gonzalez, adopted said ordinance by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado NAYS: None. ABSENT: Commissioner Joe Sanchez. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12357. Ms. Thompson: The ordinance is adopted as an emergency ordinance, 4/0. 34. DEFER RESOLUTION APPROVING CITY'S CO-SPONSORSHIP AND AUTHORIZING PROVISION OF TECHNICAL SUPPORT, ASSISTANCE, AND IN-KIND CONTRIBUTIONS AND SERVICES, $126,500, FOR PARADES AND EVENTS FOR FISCAL YEAR 2002-2003: ROOTS & CULTURAL FESTIVAL, OPERATION GREEN LEAVES, STARKS CHARITABLE FOUNDATION, MIAMI/BAHAMAS GOOMBAY FESTIVAL, CHILDREN'S RIDE FOR HOPE, AND GOLD CUP SOCCER. Vice Chairman Teele: I'm going to also ask that the item SI be deferred, with the following information, Mr. Manager: Item S lwas placed on the agenda -- was directed to be put on the agenda by the Commission. The Mayor's Office asked that the item -- the Mayor's Office pulled the item from the agenda, and what we've got to really establish is when the Commission votes on something, it has to happen. Now, the item can be deferred, which is my intent to defer the item and let them do more work on it, but we've just got to stop staff from overruling the Commission, and Commissioner Gonzalez has come up all today. The staff has got to recognize 156 April 10, 2003 that when the Commission votes on something, it's a directive, and the Manager nor anybody on the staff of the Mayor or the Commission has the authority to overrule the Commission. You put the item on the agenda, and then you come in and ask that it be deferred, so this item should not have been on my blue pages, but I put it on my blue pages as a way of saying to the management and the staff, don't do that. Let's do it the right way, and it needs to be fully vetted. There're probably a lot of errors in it, and I don't think it's reflective of the total community as well. You see, the Argentine thing, for example, came up today. What was that hit us today for $20,000? Victor Monzon-Aguirre (Chief of Neighborhood Services): Twenty thousand. Vice Chairman Teele: But it's not on here, so I mean, you know, again, it's what we're trying to do. If we're going to play by the rules, then everybody's got to play by the rules, and we just moved $20,000 and it -- today, and even though we had said we wouldn't move anything until it all came up, so would you have this item placed under the agenda as required by the Manager's Office -- Commissioner Regalado: Which item? Vice Chairman Teele: This is Item Sl-- on the next agenda, on the white pages, so that it can be dealt with appropriately? Mr. Monzon-Aguirre: Yes, sir. Vice Chairman Teele: OK, without objection. 35. DIRECT MANAGER AND CITY ATTORNEY TO SCHEDULE ON AGENDA FOR MAY 8TH, RECOMMENDATIONS TO ADDRESS PROBLEMS ASSOCIATED WITH ILLOGICAL PRECINCTS AND REDISTRICTING (See #31). Vice Chairman Teele: Commissioner Regalado has the floor, discussing the items of the -- Commissioner Regalado: Actually, I was discussing the issue of support that the Community Relations Board have had. None. Vice Chairman Teele: None. Commissioner Regalado: None that -- None -- from the Administration, from the City Attorney. I don't know if the City Clerk, but you see, we have municipal elections in November, and the ladies and gentlemen of the CRB (Community Relations Board) Board went out and spent the whole day last November and they did an extraordinary work and nobody paid attention to it. I mean, nobody cared because none of the people in the Administration have to run over anything, and -- nor do they care, and I'm referring to the past Administration while Carlos Gimenez was Manager. They didn't pay attention. They didn't do what they had to do, and since then, nothing has happened. The County has not responded. The City has not called the County to fix those things, and it seems to me that we have to make a decision as City Commissioners. It's either we look to the County to ask for favors, and use their resources for the Community Relations Board 157 April 10, 2003 every time that there is a need for them, or we take it seriously our board, and use that board as we should. Recently, Mr. Arriola, or somebody in his office, told the board not to go to a march in Southwest 8th Street, because my understanding was that there was going to be a few thousand persons. Recently, the Administration asked Community Relations Board to monitor the controversial concert in Bayfront Park, and yet, we didn't use the Community Relations Board, so you know, we got to make a decision. It's either we use or we ask the County to be our big brother or we empower and support the Community Relations Board, because it's not -- you know, (INAUDIBLE) tell these fine ladies and gentlemen that, you know, they're wasting their time. I think it was a good idea. I tried to bring the board to this Commission, and we had the full support of the Commission, but the board was sabotaged from day -one by former Mayor Carollo, by Donald Warsaw, by Carlos Gimenez, because I guess they didn't want an independent entity of prominent citizens looking into the things that they could be facing in our community, but let me tell you something. Of all the riots in the history of Dade County, 90 percent have happened in the City of Miami. Of all the marches, because of issues of Cuba and Elian, 90 percent have been in the City of Miami, and when something happens in Cuba, and it will, because of the situation there, most of the marches will be in the City of Miami, most of the activities, or whatever they have. Most of the Haitians' marches are within the city limits, so you know, we have to either decide what we're going to do. I don't mind, Mr. Chairman, not hearing the report today, but I think that by next meeting, we have to decide whether we want to support or abolish the Community Relations Board, and ask the County to do the Community Relations in the City of Miami, and let me tell you. That disconnect is creating problems, because of that disconnect that the Administration has with boards, the Goombay Festival is about to be canceled, and that's another issue, but I'm just saying that I am ready, on the next Commission meeting, to start the process to abolish the Community Relations Board if, by then, we do not see a real interest and a real support from the Administration, and you know, we need to decide whether we want to be mature and grow, or look to big brother in the County to solve the problems, so Mr. Chairman, I -- if you want to defer that to the next meeting, I'm fine on that. Although, we have the people here, so, Art -- Vice Chairman Teele: Mr. Chairman -- Commissioner Regalado, let me just say this. I think it's very unfair to the board for you to frame the issue the way you're framing it. You and I, and the major -- the total Commission cannot regulate or legislate on the Manager's commitment to anything. I mean, we can express our displeasure, we can express our concern, but the Manager has the right to be a human being that has high commitments and low commitments, depending on his own personality. I think the Human Relations function is too important to leave it to the whims of any manager, whether it be this one, or the previous, or the next one, and I think to place the future of this City and the relationship on the Human Relations Board in the -- to the whims of the City Manager is a little bit unfair. We have to work through all of this, and I think -- you know, I, for one, would like to see a Human Relations Board continue. It has the support of the Commission, and if we need to give them more money and add more money to their program until the Manager gets the message, you just take it from the Mayor's Office budget or the Manager's budget, and start until -- you'll get somebody's attention after awhile. When those senior staffers all get $5,000 pay cuts so that they could continue because you've taken money out of the budget, they'll start to squirm and get a little bit more concerned. 158 April 10, 2003 Commissioner Regalado: But, Art, you said it right: We do not have the power to order the Manager to be sensitive to one board or another board. What I'm saying that if there is no movement, might as well start the process -- we can do that -- to abolish this board. There is money. There's money that has not been spent and it was budgeted last year. In fact, they needed some T-shirts, or windbreakers, or whatever CRB thing, and they weren't paid for weeks and weeks and weeks. I'm not blaming you, Mr. Manager just yet, not yet, but, you know, we have to make a decision. If we empower citizens, residents, we need to make a commitment. If we make a commitment, we need to honor that commitment. I see the chairman of the Code Enforcement Board here. The Commission said that we should send notices in English, in Spanish, and in Creole to the people that are to appear before the Code Enforcement Board. I don't know what language we speak. Maybe you have to say it in three languages because somebody in the Administration came up with the idea one phrase: If you need more information, call this number in English, in Spanish, and in Creole. I don't think that that was the directive the Commission gave. It was somebody -- Vice Chairman Teele: Commissioner Regalado, let me tell you this. Commissioner Regalado: I don't know. See, that's what I'm telling you. I'm telling you that we don't have the power to order the Manager to do that, but we do have the power to legislate and dissolve entities and do that. You know what? What about if we tried to dissolve the Code Enforcement Board because he cannot serve this community that not only speaks English, but speak Creole and Spanish. We said something; they didn't do it. We said something about the Community Relations Board. I don't know. Victor, it's not for you; it's the Manager. Although, yes, it's for you because, you know, this -- you haven't done a lot on this issue, but I think that we need to decide (UNINTELLIGIBLE), and you know, if the Manager doesn't care about boards, he has to say it. It's that simple, you know. Hey, guys, you know, I really don't like these boards, or whatever, you know. I think it's a waste of time, but as long as, by ordinance, we empower boards, we have to follow through. Like I said a few minutes ago, yesterday we had a meeting for the Coconut Grove Marketing Committee, a board that was empowered to give permits and then cancel events in Coconut Grove, and the board has been requesting police presence, the presence of the Coconut Grove Convention Center (UNINTELLIGIBLE). Nobody showed. Well, guess what? The board has the power to prohibit events in Coconut Grove, and almost they did yesterday because there wasn't any police. The board didn't -- was not advised that at the same time they were -- that we were closing or somebody wanted to close Matilda and Grand, and Tigertail, and all these streets in Coconut Grove. We're not saying we can do events with 25,000 people in the Coconut Grove Convention Center. You know, (INAUDIBLE) said, "Wow," you know, and they're out to shut down the Goombay Festival, which will be tragic. It will be so tragic that I will not be serving anymore in that board if that happens, so I'm just saying, Mr. Manager, you know, we've got to decide what is it that we're going to do, and you know -- on this CRB, I really think that we should make a decision. Either we're going to support the (INAUDIBLE) board, and do real Community Relations Board, or start the process to abolish it, and then when they save some -- a few thousand dollars, so -- Priscilla A. Thompson (City Clerk): Commissioner Regalado, if I might just address the issue (INAUDIBLE) refusal regarding the Commission's instruction on the language (INAUDIBLE) 159 April 10, 2003 the letters. No decision has been made by Administration regarding those letters. We were meeting with the Law Department and all affected departments that had some input in that -- Commissioner Regalado: I saw a draft. Ms. Thompson: OK. Well, no -- Commissioner Regalado: I saw a draft. Ms. Thompson: Nothing has been done because we wanted to bring you (INAUDIBLE). Commissioner Regalado: I saw the draft. That only says the phrase. Ms. Thompson: (UNINTELLIGIBLE) -- That's right, that (UNINTELLIGIBLE) that was just a recommendation which we wanted to bring to you. Commissioner Regalado: Who did it? Ms. Thompson: It was a whole committee of us. Commissioner Regalado: Well, I'll tell you what -- Commissioner Sanchez: All right. Commissioner Regalado: -- I don't understand why your committee would do it, because the direction was to have the text of the notice. Ms. Thompson: We were going to do the legal -- Vice Chairman Teele: OK. Well, hold it, hold it, hold it, hold it. Madam Clerk, never, ever, ever argue with a Commissioner. It's just no win in that. Commissioner Regalado: Well, I'm not arguing, but I think -- Vice Chairman Teele: No, you're not arguing. It takes two people to argue. Commissioner Regalado: Whatever. Vice Chairman Teele: I'm in in the argument. You're always right. She's got to convince you of that off the dais. Commissioner Regalado: You know, I don't think I've ever -- you know what I do, get even. Vice Chairman Teele: Get even. I know. Commissioner Regalado: Anyway -- 160 April 10, 2003 Vice Chairman Teele: OK. Vice Chairman Teele: Can we -- how do you want to handle this matter? Mr. -- Commissioner Regalado, this issue is a very important issue, but more than defining the problem, we need to have a solution, and the solution needs to be specific recommendations on where these precincts can be placed, and that ought to be reviewed by the Attorney. It ought to be a resolution specifically from this board to the Supervisor of Elections, and the Mayor of the County, and the County Commission asking that these precincts be changed. It's very clear that if we wait on them to do it, nothing is going to happen, and I think -- Commissioner Regalado: (UNINTELLIGIBLE) -- Vice Chairman Teele: -- we've got to have the research, we've got to have the lawyers, we've got to be able to send our special counsel over to meet with the County Manager, and sit down and negotiate this thing and get it done. I also think that it's really, really, really important that we look at this, not just in light of where the boundaries are now, but where the boundaries are going to be, and that, of course, is not a hard thing. It's just a question of getting all of the maps together and doing it, and I think, if we would invite the Community Relations panel to work with us in the workshop, and in that workshop, have a section in there on the precinct issue -- OK, Mr. Attorney, Mr. Manager -- and then on the 8th to have, as a part of that report from the attorneys, certain specific recommendations so when we do that, we can make that a part of our report, and it has some legal muster, and if necessary, we'll go to federal court and force them to change it, if necessary. I mean, you know, it's very fundamental, what you're asking for. Commissioner Regalado: That was my point, going to federal court because they are disenfranchising the people. I believe -- Vice Chairman Teele: But under the federal rule, we have to give them a chance to solve it administratively or locally. Is that correct, Mr. Attorney? Alejandro Vilarello (City Attorney): You first need to deal with the agency to make sure that they -- you've given them all the information you can to take the corrective action. Vice Chairman Teele: OK. Would someone move item -- Commissioner Winton's item that he was going to move and -- Commissioner Regalado: OK. Let's finish this. Linda Romero is here on that report. Do you mind him to do it as a whole in the next Commission meeting? Linda Romero: No, but I would like -- Vice Chairman Teele: Ma'am, you're going to have to come -- just give your name and address for the record, and -- 161 April 10, 2003 Ms. Romero: My name is Linda Romero, and I live at 240 Northwest 32nd Place, in the City of Miami. Vice Chairman Teele: Northwest -- Ms. Romero: Northwest. Vice Chairman Teele: -- 32nd Place. Ms. Romero: Place, yes, in Commissioner Regalado's -- Unidentified Speaker: (INAUDIBLE). Ms. Romero: Yes. By the west end of Little Havana, right? I don't mind that, but I would like - - I believe the board has worked very, very hard on this project, and I think that we could be very instrumental in providing some of the research that we've done. We already have maps of each Commissioner's district, with the current or past ones, rather. I know they're being changed with the polling places, the boundaries. It was done by the GIS (Geographic Information System) Department, and also, there's other information that may or may not have been made known. There's an Election Reform Committee -- I mean, a Coalition. They have a report. There's some voting going on in Tallahassee today that will have, from what I was quoted, a very interesting impact on this type of issues that we are talking about today, so I would like our committee and the CRB to be part of these meetings, which I believe was originally mandated in the motion, which has never happened, so it's like -- Vice Chairman Teele: And that's what Commissioner Regalado is expressing his frustration about. I think it's much better for you all to be a part of the process as opposed to just an independent operator in this. Ms. Romero: Well, make that -- Vice Chairman Teele: And that process is going to be moving in the next meeting and the following meeting, and I think your information will be very helpful, and I think what would really be helpful is if we had the agenda set up, Mr. Attorney, so that this is an item on the agenda, the precinct issues, and that could be a part of one package. Ms. Romero: OK. Who's going to make the meeting happen, and who can I hold -- Vice Chairman Teele: The City Attorney's Office will be responsible for making the meeting happening. Mr. Vilarello: I've already instructed Mr. Maxwell to set up the meeting with your executive director. Ms. Romero: OK, great. Thank you very much. 162 April 10, 2003 Vice Chairman Teele: And make sure that they also meet -- Mr. Vilarello: And with special counsel. Vice Chairman Teele: -- with special counsel. Ms. Romero: OK. Thank you. Vice Chairman Teele: And we look forward to your full presentation. Ms. Romero: OK, thanks. 36. AUTHORIZE MANAGER TO EXECUTE REVOCABLE LICENSE AGREEMENT WITH INVEST IN MIAMI, INC., FOR USE OF ITS WEBSITE TO PROMOTE ECONOMIC DEVELOPMENT IN REAL ESTATE TO STIMULATE INWARD INVESTMENT AND EXPAND TAX BASE OF CITY. Vice Chairman Teele: OK. Would someone move Commissioner Winton's Item A? Commissioner Regalado: Move it. 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. The following resolution was introduced by Commissioner Regalado, who moved for its adoption: RESOLUTION NO. 03-376 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH INVEST IN MIAMI, INC., FOR USE OF ITS WEBSITE TO PROMOTE ECONOMIC DEVELOPMENT IN REAL ESTATE TO STIMULATE INWARD INVESTMENT AND EXPAND THE TAX BASE OF THE CITY OF MIAMI, FOR AN INITIAL FIVE-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL FIVE-YEAR PERIODS, AND SUBJECT TO ALL OTHER TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT. 163 April 10, 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 Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton 37. DIRECT MANAGER TO ARRANGE MEETING WITH PLANNING AND ZONING STAFF AND COMMISSIONER SANCHEZ' STAFF TO OUTLINE PRIORITIES PERTAINING TO EAST LITTLE HAVANA HOMEOWNERSHIP TRUST PLANNING STUDY. Vice Chairman Teele: Would someone move item -- Commissioner Sanchez's item number B. Commissioner Sanchez: B. Vice Chairman Teele: Well, we've already done that, haven't we? Commissioner Sanchez: No, no, we haven't. Just B, and I'm not going to prolong the thing. I just would ask the City Manager to arrange a meeting with Planning and Zoning to outline the priorities pertaining to the study. I'm not going to get into why it wasn't done and all that. I just think that we need to expedite the process with the Administration, so I'm just asking the City Manager to schedule a meeting with Planning and Zoning and my staff at their earliest convenience possible. Victor Monzon (Chief of Neighborhood Services, City Manager's Office): Absolutely. Commissioner Sanchez: As early as possible. Sorry. Vice Chairman Teele: That's a request? Commissioner Sanchez: Yes, sir. 164 April 10, 2003 38. DIRECT MANAGER TO WANE FEES FOR USE OF JOSE MARTI PARK IN CONNECTION WITH "CHILDREN'S DAY" EVENT SCHEDULED TO BE HELD SATURDAY, MAY 3, 2003. Vice Chairman Teele: Item number Chas been completed. Item number D. Commissioner Sanchez: D, I believe, the gentleman's here, and he is asking for a waiver at Jose Marti Park. It's an event that they're putting together. I think the Mayor's Office is also supporting it, so maybe -- Vice Chairman Teele: Would you move the waiver? Oh, OK. Commissioner Sanchez: Well, I want to know exactly what they're asking for, sir. Guarione Diaz: Thank you, Commissioner. Yes. Commissioner Sanchez: State your name for the record. Mr. Diaz: Yes. My name is Guarione Diaz, and it's 1223 Southwest 4th Street, and on next May 3, Saturday, we're planning to hold children's day, "El Dia de los Ninos" event at Jose Marti Park. It will be an event bringing together families and residents to celebrate children, in general, and there will be all different kinds of things. Commissioner Sanchez: What are you asking for, sir? Mr. Diaz: For the waiver of fees for the use of the park. Commissioner Sanchez: So move. Commissioner Gonzalez: Second. 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 -3 77 A MOTION DIRECTING THE CITY MANAGER TO WAIVE FEES FOR THE USE OF JOSE MARTI PARK IN CONNECTION WITH "CHILDREN'S DAY" EVENT SCHEDULED TO BE HELD SATURDAY, MAY 3, 2003 165 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 Mr. Diaz: Thank you very much, Commissioner Sanchez. Thank you very much, Commissioners. 39. AUTHORIZE EXPENDITURE OF $200,000 TO UNDERWRITE EXPENSES ASSOCIATED WITH IMPLEMENTATION OF PHASE II OF MAYOR'S CITYWIDE POVERTY INITIATIVE (ACCION MIAMI — MICRO -LENDING INITIATIVE $150,000); FROM SPECIAL REVENUE ACCOUNT ENTITLED, "POVERTY INITIATIVE;" ALLOCATE FUNDS FROM FISCAL YEAR 2002-2003 BUDGETED FUNDS. Vice Chairman Teele: Is -- Commissioner Regalado: Mr. Chairman. Vice Chairman Teele: -- Deputy Chief Fernandez around? Would someone -- Commissioner Regalado: Mr. Chairman. Vice Chairman Teele: Commissioner Regalado. Commissioner Regalado: The Mayor passed a resolution, and maybe this will go forward. Vice Chairman Teele: Would you like to move it now? Commissioner Regalado: Yes, I would. Commissioner Sanchez: Second. Vice Chairman Teele: Move -- is there a second? Commissioner Sanchez: That's the Accion USA (United States of America)? Commissioner Regalado: Yes. 166 April 10, 2003 Commissioner Sanchez: Second. Vice Chairman Teele: Would you ask the Mayor -- the Mayor's staff, would you all look and confer with the -- Frank Rollason at the CRA (Community Redevelopment Agency) and see if they can move that micro -loan program that is over there into a one pot of money, but maybe has a separate focus area? But I think it just doesn't make sense to have redundant programs. You -- could you do that, please? Francois Illas: Francois Illas, Mayor's office. Commissioner, duly noted. We'll work with Mr. Rollason to make sure that happens. Vice Chairman Teele: OK, because it doesn't make sense to have two, and that's what I keep saying. You know, it doesn't make sense to have two different programs. You can have focus areas, five or six different focus areas, but no need to have different programs. Mr. Illas: Correct. Vice Chairman Teele: All right, and would you also look to see if there's some way we could work with ex -felons to see if they can be a part of a program for micro -loans? Mr. Illas: Yes, Commissioner. Vice Chairman Teele: All right. 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. 03-378 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE EXPENDITURE OF FUNDS, INAN AMOUNT NOT TO EXCEED $200,000 TO UNDERWRITE EXPENSES ASSOCIATED WITH THE IMPLEMENTATION OF PHASE II OF THE MAYOR'S CITYWIDE POVERTY INITIATIVE (ACCION MIAMI - MICRO -LENDING INITIATIVE $150,000); FROM THE SPECIAL REVENUE ACCOUNT ENTITLED, "POVERTY INITIATIVE;" ALLOCATING FUNDS FROM FISCAL YEAR 2002-2003 BUDGETED FUNDS; FURTHER DIRECTING THE CITY MANAGER TO NEGOTIATE THE NECESSARY AGREEMENT(S) TO IMPLEMENT SAID PHASE AND PRESENT THE NEGOTIATED AGREEMENT(S) TO THE CITY COMMISSION FOR CONSIDERATION. 167 April 10, 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 Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton 40. COMMENTS BY VICE CHAIRMAN TEELE REGARDING PROPOSED LINE -ITEM BUDGET FOR SPECIAL EVENTS IN POLICE DEPARTMENT'S BUDGET. Vice Chairman Teele: I know that Commissioner Regalado, you're next, but Deputy Chief Fernandez, could -- where is the budget director, Mr. Spring? You know, one of the challenges that we have, and we keep addressing it -- and Joe, I know this is something you've had some interest in in the past. We need to establish within the Police Department's budget a line item for special events, you know, and this whole special event thing, we're managing it a hundred percent wrong because it looks like we're giving away money. It looks like we're doing something. Everybody who sees it, it looks like Christmas in July or Christmas in April. We need to establish a realistic budget number, Mr. Director, in this Police Department's budget, and that's the big number. Fire and Solid Waste have the same problem, but we can get the police number, because we need to establish what some of these events cost and put it there for Commission action, or Manager's action, or some type of trigger, but what we're doing is we're paying the Police Department, and most of these events that come up -- Unidentified Speaker: Sometimes time and a half. Vice Chairman Teele: Sometimes time and a half, and there are a lot of issues. There are a lot of issues in how this is done in terms of, if we do it as a City function, it winds up being time and a half. If we give the grant to a third party, it winds up being -- Larry Spring (Chief of Strategic Planning, Budgeting & Performance): Less expensive. Vice Chairman Teele: -- less expensive. I don't see why we can't sit down and talk to the Union, to see if the Union can't work with us on this issue, you know. It doesn't make sense to go to a straw man, but if we have to, then let's go to MSEA (Miami Sports & Exhibition Authority) and let's let MSEA be the person who gets the money and distributes the money back out, and that -- if that's -- in other words, if this account is going to cost us $100,000, and if we have to do it directly, it's going to cost us 150, then let's find a straw man. Go to MSEA, go to Bayfront Trust, I don't care, but let's use a straw man, but it seems to me that the Police Department and the police union ought to figure out a way to work with us, but we keep saying the same thing year after year after year, and we're not dealing with the structural problem between the City and its own -- among the City and its own departments, and so I would, again, request respectfully, if 168 April 10, 2003 the budget officer and the Police Department would sit down and look at this issue, with the unions, talk to Commissioner Sanchez in his role as head of the Bayfront Trust, especially these events that are happening in our City venues, and the arena, the Bayfront Trust in our parks, we should have an account where we can basically support certain activities, and promote our city, and I think we realize, more so than ever, that the business of the City of Miami is a business of festivals and activities, you know, and people want to come here, and they want to come here for that reason. I'm going to be presenting a pocket item tonight requesting $5 million from the congressional appropriation, and the only reason the staff director is willing to consider it is because he loves to come down to Miami and -- I shouldn't say the only reason, but it's a factor, that he loves to come to Miami, and Miami is such a cool place to be, and that we ought to do more in Miami, was what he said, in the nightclub district, so it makes money for us to promote our city, but we shouldn't charge everybody when they want to do what we should be doing, which is promoting our city, and I just would make that request. Mr. Spring: I would like to say for the record that we have started some conversations with Special Events to address that issue, given some of the things that have transpired over the last couple of weeks, so my department will be addressing that issue in the next budget season. Vice Chairman Teele: But just understand one thing: This is not a special events issue. This is a City of Miami Police Department and budget issue. If we put it in the budget, and the Police Department can only use it for those events that come within a certain criteria -- because I'm telling you, if you put it in the Police budget, you know what the Police Chief is going to say? "It's my money; I'll spend it the way I want to," OK. He comes from that school of thought, I know. I'm not saying nothing behind his back. If he's listening, I'm saying it to your face, Chief, but the fact of the matter is, there ought to be a budget in there that can be triggered only through certain actions of the Commission, or the Mayor and Commission that basically doesn't punish people, or worse, make people look like they're coming down here and getting $20,000 for something when, in fact, $15,000 of it's going to pay our own Police Department. Commissioner Sanchez, I know you've had a lot of views on this, and I just want to make sure that you're not in disagreement on this point. Commissioner Sanchez: No. It's one of the few things I agree with you. Only kidding, Commissioner. No, I think you've made some good points. This is something that we've discussed back and forth, and yet, at the end of the day, it looks like we're giving "X" amount of dollars. Really, it's in-kind services that, in the first place, you should be providing, so you know, I tend to agree with you on this issue. Vice Chairman Teele: I know that the Mayor's Office said they went to a study, and a lot of cities do charge, but I want to know, how many people do you know are fighting to get to Indianapolis, or how many people do you know are going to spend their vacation in Philadelphia or Pittsburg? I mean, you know, let's face it. Miami is Miami, and Miami is a one -of -a -kind city. You know, with the exception of Los Vegas or New Orleans, there's no other place in this country that people want to go to, and we should see this as a way to continue to keep the vision of Miami alive. We're not a manufacturing city. We're not a service city. The biggest problem that we have is we don't have Fortune 500 companies here. The last Fortune 500 company we had here was Knight Rider, and they left town, so I mean, you know, let's face it. Our business is 169 April 10, 2003 bringing people here to have a nice time, and we ought to set ourselves up financially and budget wise to facilitate that, please. Commissioner Regalado, you have a pocket item on a historic district. Did you want to move that item? Commissioner Regalado: Yes, but before, I just want to say that I agree with you. I think that what we're doing is half of what we need to be doing. We need to be having (INAUDIBLE) each day of the week, every week of the year, because this is what Miami is all about, and you know -- and let me tell you, Cultural Fridays is an example of what you just said. It started with 150 persons. Now, the last count was 100,000 persons each month, each Friday, or something like that. Commissioner Sanchez: We wish. We're looking. I mean, we -- you're talking about anywhere from four to -- 2 to 4,000 people, but I could tell you this much, the two years and nine months that they have been doing it, every, every event, if the weather is good, it gets bigger and bigger. Commissioner Regalado: And that's all we need. That's all we want. The problem is -- the problem that we're facing is that, you know, we need -- have not been able to, just yet, to bring the taxes to the level that we wish and want, or to do away with the fire fee, and when we do this on the sunshine, when you talk about 20,000 for this; we do this; 30,000 for that, we do that, it looks as if we're giving away the money of the taxpayers, and it's not. It's for virtually the same (INAUDIBLE) to the same City agencies, so we need to establish some kind of line item in the Police budget to do that, and to make it look real in terms of (INAUDIBLE), and I do think, Mr. Chairman, that we have the (INAUDIBLE), which is the Arts and Culture Council, and you know, before that group, people (INAUDIBLE) decide (INAUDIBLE) to the City Commission, so that would be another issue, but I do agree with you that we need (INAUDIBLE) budget because in the cost of police is the major cost. 41. DISCUSSION CONCERNING INITIATING PROCESS TO ESTABLISH HISTORIC DISTRICT IN AREA OF CORAL GATE (DISTRICT 4). Commissioner Regalado: What I have here is an item regarding the establishment of historic conservation district in the area for Coral Gate, District 4, and actually, it's not historical, but it says for conservation district, so Mr. Manager, would you give us an update on that? Victor Monzon (Chief of Neighborhood Services, City Manager's Office): Yes, Commissioner. It is set for a PAB (Planning Advisory Board) Hearing on May 21 of this year, and will be at the first reading for the Commission on June 26, and at second reading for July 24, to have the conservation district. We've been working with the homeowners association on this issue, and they're aware of these dates. Commissioner Regalado: OK, so they're officially starting this process. Thank you very much. Mr. Chairman, I'm done. 170 April 10, 2003 42. APPROVE REQUEST FROM COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE TO ALLOCATE $3,000 FOR COSTS ASSOCIATED WITH USE OF ELECTRONIC MESSAGE SIGN TO BE PLACED ON US -1 AND S.W. 37TH AVENUE TO ADVISE PUBLIC OF CERTAIN STREETS WHICH WILL BE CLOSED DURING MIAMI GOOMBAY FESTIVAL SCHEDULED TO BE HELD ON JUNE 7-8, 2003 IN COCONUT GROVE. Commissioner Regalado: Although, I have something in the Coconut Grove Marketing Committee (INAUDIBLE) to bring me today, but if you want to do pocket items later on, I would -- Vice Chairman Teele: No, go ahead and do it now. Commissioner Regalado: OK. This is just part of the situation we have. The Coconut Grove Special Events and Marketing Committee request the approval of up to $3,000 to cover the rentals of message sign boards for the 27th Miami Bahamas Goombay Festival. This event will be held on June 7 and 8 in Coconut Grove, and what we're doing here is, this is only one part of this issue. The Committee decided yesterday that the Committee is going to pay for the signage, the electronic signs to be placed on US -land on 37th Avenue because of the streets that are being blocked in the Grove. No one coming from the south will be able to access the Grove, unless they go on Main, which is very difficult because you have to get on LeJeune very down south, so we need this signage and the Marketing Committee is going to pay for the rental of the signage, so that's my motion. Commissioner Sanchez: What is the amount? Commissioner Regalado: Three thousand dollars. Three -- but this is being paid by the Committee, not by the City. Commissioner Sanchez: Right, so it's considered an in-kind. Commissioner Regalado: No. Commissioner Sanchez: A donation to -- well, you -- Commissioner Regalado: No. The Committee is going out and renting this sign. (INAUDIBLE) know, they're doing this in the behalf of the merchants. Commissioner Sanchez: OK. Commissioner Regalado: So that's my motion. Commissioner Sanchez: Second. Commissioner Regalado: Just need the approval, Mr. Chairman. 171 April 10, 2003 Vice Chairman Teele: Is there objection? All those in favor, say aye. The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Regalado, who moved for its adoption: RESOLUTION NO. 03-379 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE ALLOCATION OF FUNDS, IN THE AMOUNT OF $3,000, FROM THE BUDGET OF THE COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE FOR THE RENTAL OF AN ELECTRONIC MESSAGE SIGN TO BE LOCATED ON US -1 AND SOUTWEST 37TH AVENUE, MIAMI, FLORIDA, TO ADVISE THE PUBLIC OF STREET CLOSURES SCHEDULED IN THE COCONUT GROVE AREA DURING THE MIAMI GOOMBAY FESTIVAL ON JUNE 7-8,2003. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton 43. DEFER TO COMMISSION MEETING CURRENTLY SCHEDULED FOR MAY 8, 2003 CONSIDERATION OF REPORT RELATED TO HISTORICAL PRESERVATION GRANT PROVIDED TO PLANNING AND ZONING DEPARTMENT ON JULY 10, 2001. Vice Chairman Teele: Next item. Commissioner Regalado: I'm done. Vice Chairman Teele: All right. Would you preside? Commissioner Regalado: Yes, sir. Commissioner Teele is recognized. Vice Chairman Teele: All right. S1, we deferred. "A" -- on item number A, didn't we already move that money as a part of the CD (Community Development) process, the 225 historic money? Is the community -- is Linda or the Community Development director there? All right, would someone get -- OK. On Item B, he asked that we defer it. 172 April 10, 2003 Commissioner Sanchez: What item are we on, Commissioner Teele? Vice Chairman Teele: We're on item -- District Item 5C. Commissioner Sanchez: C. Commissioner Regalado: C? I thought you said 1 -- I mean, A? Vice Chairman Teele: "A," we are holding it -- didn't we already move that 225, Barbara? Barbara Rodriguez (Director, Department of Community Development): No. No, you didn't. The one we moved was the 75,000 last Commission meeting; this one has not. Vice Chairman Teele: Is this money available now? Ms. Rodriguez: They've used $222,250. Vice Chairman Teele: So that money has been expended. And the question that I have is what did we get for that money? And the Manager wrote a long memo, but it still doesn't answer -- I mean -- Ms. Rodriguez: I couldn't tell you that. Planning Department would have to tell you. I can tell you that there was a PO (purchase order) for 225,000 that was done to Janus Research, and out of that, we've paid -- Vice Chairman Teele: But what services did they provide? Commissioner Regalado: They did (INAUDIBLE). Ms. Rodriguez: They did local designation report for $50,000; National Registry of Historic Places Nomination, 25,000; brochures, 35,000 -- Vice Chairman Teele: Yeah, but when we gave them the money, what we asked them to do was to work with organizations and individual property owners, and what I said, if you go back and get the transcript, I objected to the money going to the Planning Department because I said the Planning Department will never get around to responding to the constituents who pay the taxes. It'll all be corporate dollars from corporate headquarters, which is what it is. Then you get into the other problem that -- is this administrative dollars? Did this wind up being administrative dollars? Ms. Rodriguez: Yes, it did. Vice Chairman Teele: And see, that's what I told them, and they told me it was not, so it wound up hitting your budget. 173 April 10, 2003 Ms. Rodriguez: Correct. Vice Chairman Teele: So are you all laying off people now? Is the planning -- is the budget -- is Community Development hiring people or laying off people now? Ms. Rodriguez: Well, right now, this money came out of this year. We are laying off. Vice Chairman Teele: And all I want somebody to do is go back and get the transcript of when this was done, and I told them that the Planning Department will never utilize this money in accordance with what it is we were trying to do. Now, have they given up on this now and turned it back over to you all? Ms. Rodriguez: This money was -- is gone. This is -- Vice Chairman Teele: How much more planning -- historic money are we giving Planning? Ms. Rodriguez: No, we have not. The last one they had was $75,000 that we brought to this Commission in last Commission meeting. Vice Chairman Teele: Well, again, I would hope that the Planning Director -- is the Planning Director here? Victor Monzon (Chief of Neighborhood Services, City Manager's Office): No, Commissioner. Vice Chairman Teele: Who does the Planning Director report to? Mr. Monzon-Aguirre: Reports to me, Commissioner, directly. Vice Chairman Teele: Is there a representative of the Planning Department here? Mr. Monzon-Aguirre: No, I didn't ask them to be here. I didn't realize that you would require. We gave you the report hoping that would answer your questions, and I went by your office yesterday to see if you had any other questions. Vice Chairman Teele: Then why don't we put the item over to the next meeting? Because you see, you know, something's beginning to happen around here, and that is department heads aren't coming. I mean, you know, this item's on the agenda, and if we're not going to get the courtesy of being able to hear from the department directors that are affected by this, then we have some serious issues, and what I want to make sure we're doing is that we're working with the property owners and not just doing brochures and doing big picture stuff, because the property owners don't have a clue as to how to get their properties historically designated, and that's where we need to help. We need the help in getting property owners -- what will wind up happening is all the money we'll spend will be for City -designated properties; we'll take care of ourselves, and the taxpayers will be at our mercy. 174 April 10, 2003 Mr. Monzon-Aguirre: Commissioner, there was another grant that we did receive, which is for the purpose of directly what you want to assist individuals in getting their properties designated, so there is -- there was a grant that was finally given to us with a matching grant from the Bob (phonetic), and that -- Vice Chairman Teele: Have you read the transcript of when this grant was given? Mr. Monzon-Aguirre: No, sir, I can't. Vice Chairman Teele: Then I would ask the Clerk to pull this up; let's get the transcript, because that's the issue. This grant was given for the purpose, at the time that Ms. Warren and the historic preservationist said that she didn't have the staff to help the people who were coming to seek help in getting their properties designated, and furthermore, in meeting the requirements. We have one business that has been told three different things to do. Georges Williams on Northeast 2nd, so everybody knows who it is, has been told three different things to do by the Planning Department, by the Historic Planning, and this grant, if you go back and get the transcript, Mr. Manager, was given for the purpose of helping the various property owners get their properties in compliance with Historic Preservation. Now, the fact that nobody paid attention to it and didn't do it, doesn't bother me. What does bother me is we need to have a plan to help those individual property owners. Mr. Monzon-Aguirre: Commissioner, what I would suggest is for the May 1 meeting, we'll give you a complete report. I'll review the transcript, as well as what programs we already have in place to do exactly what you've requested. Vice Chairman Teele: Who's responsible for helping citizens now to get their properties historically designated, Planning or Community Development? Mr. Monzon-Aguirre: No, Planning Department, under Historic Preservation. Historic Preservation is part of the Planning Department. Vice Chairman Teele: All right. OK. Well, I won't belabor the point. On item -- Commissioner Regalado: Commissioner, you want to defer that? Vice Chairman Teele: I would like to defer this item to the meeting of May -- which meeting is not going to have a lot of stuff on it, May 8? May 8. Mr. Monzon-Aguirre: May 8 or May 1, either one. Commissioner Regalado: No. May 1 will be a long (INAUDIBLE) -- Mr. Monzon-Aguirre: It'll be P&Z (planning & zoning). Commissioner Regalado: -- Planning and Zoning (INAUDIBLE) -- 175 April 10, 2003 Commissioner Sanchez: May 8. Mr. Monzon-Aguirre: May 8. Commissioner Sanchez: Second to defer -- Vice Chairman Teele: To may 8. Commissioner Sanchez: -- to May 8. Commissioner Regalado: All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Regalado: May 8. The following motion was introduced by Vice Chairman Teele, who moved for its adoption: MOTION NO. 03 -3 80 A MOTION TO DEFER TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR MAY 8, 2003 CONSIDERATION OF REPORT RELATED TO HISTORICAL PRESERVATION GRANT PROVIDED TO THE PLANNING AND ZONING DEPARTMENT ON JULY 10, 2001, SPECIFICALLY REQUESTING NAMES, GRANTS AND CONTACT AMOUNTS OF ALL ENTITIES THAT HAVE RECEIVED FUNDING UNDER THIS GRANT, AND BALANCES, IF ANY REMAIN; FURTHER DIRECTING THE MANAGER TO INSTRUCT THE DIRECTOR OF THE PLANNING AND ZONING DEPARTMENT TO BE PRESENT WHEN THIS ISSUE COMES BACK BEFORE THE COMMISSION. 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 176 April 10, 2003 44. WITHDRAW CONSIDERATION OF PROPOSED INCREASE OF FUNDING RELATED TO COSTS OF CITY SPONSORSHIP FOR 5,000 ROLE MODELS OF EXCELLENCE BREAKFAST AT DOWNTOWN HOTEL, WHICH WAS PART OF MARTIN LUTHER KING HOLIDAY CELEBRATION ON JANUARY 20, 2003. Vice Chairman Teele: OK. On item number C, I'm going to move to withdraw it. I went ahead and took care of this in a different way. I move to withdraw item number C. Commissioner Regalado: OK. Item number C -- Commissioner Gonzalez: Second. Commissioner Regalado: -- has been withdrawn. There is a motion and a second. 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 -3 81 A MOTION TO WITHDRAW CONSIDERATION OF PROPOSED INCREASE OF FUNDING RELATED TO COSTS OF CITY SPONSORSHIP FOR THE 5,000 ROLE MODELS OF EXCELLENCE BREAKFAST AT A DOWNTOWN HOTEL, WHICH WAS A PART OF THE MARTIN LUTHER KING HOLIDAY CELEBRATION ON JANUARY 20, 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 177 April 10, 2003 45. RELATED TO HAITIAN COMPAS FESTIVAL 2003, INC. TO BE HELD ON MAY 17, 2003; AUTHORIZE $10,000 GRANT TO BE TRANSFERRED TO BAYFRONT PARK FOR PROVISION OF RENTAL FEES; AND $15,000 GRANT TO BE TRANSFERRED TO MIAMI ARENA FOR PROVISION OF FIRE -WORKS SHOW; AUTHORIZE ALLOCATION OF FUNDS FROM SPECIAL EVENTS ACCOUNT, SAID AUTHORIZATIONS CONDITIONED UPON ORGANIZERS. Vice Chairman Teele: And I move item number D. Commissioner Regalado: Item D -- Commissioner Sanchez: Second. Commissioner Regalado: -- is moved. It has been second. 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. 03-382 A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO THE HAITIAN COMPAS FESTIVAL 2003, INC. TO BE HELD ON MAY 17, 2003; AUTHORIZING A GRANT IN THE AMOUNT OF TEN THOUSAND DOLLARS ($10,000) TO BE TRANSFERRED TO BAYFRONT PARK FOR THE PROVISION OF RENTAL FEES; AND, A GRANT IN THE AMOUNT OF FIFTEEN THOUSAND DOLLARS ($15,000) TO BE TRANSFERRED TO THE MIAMI ARENA FOR THE PROVISION OF A FIRE -WORKS SHOW; AUTHORIZING THE ALLOCATION OF FUNDS FOR SAID SERVICES, FROM THE 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 CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (3) AND COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR DESIGNEE 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 Angel Gonzalez Commissioner Joe Sanchez 178 April 10, 2003 NAYS: None. ABSENT: Chairman Johnny L. Winton Vice Chairman Teele: And this transfer to the Miami Arena is Miami MSEA (Miami Sports & Exhibition Authority), M -E -S-A [sic]. 46. ACCEPT $200,000 GRANT FROM U.S. DEPARTMENT OF HEALTH AND HUMAN RESOURCES FOR SUMMER DAY CARE SERVICES FOR CHILDREN. Vice Chairman Teele: Now, are there any other items on this agenda? We need to go back and make all of the appointments that we'd like to make, and then we'll do pocket items, and hopefully, we can be out of here. Madam Clerk, will you guide us through this? Do you have a list of Commissioners vacancies? Priscilla A. Thompson (City Clerk): Yes, Commissioner. We sent a list to each of the Commissioners. If you want us -- Commissioner Sanchez: Yeah. Vice Chairman Teele: We're finished with the agenda, as I understand it -- Commissioner Sanchez: Yes. Vice Chairman Teele: -- with the exception of item -- the supplemental on the approval of the -- Victor Monzon (Chief of Neighborhood Services, City Manager's Office): Emergency purchases. Vice Chairman Teele: -- purchases. Mr. Monzon-Aguirre: On the emergency purchases, and Commissioners, there's a resolution, which I passed out to you, accepting a grant for day care services for the summer. We have to -- we just got -- Vice Chairman Teele: Is that a pocket item? Mr. Monzon-Aguirre: I guess it would be a Manager's pocket item. Yes, if you want to consider that. Vice Chairman Teele: All right. We're on the agenda right now. Unidentified Speaker: Commission, (INAUDIBLE) report on (INAUDIBLE) Vice Chairman Teele: Or whatever you'd like to do. Oh, I guess this is the very back here, is it? 179 April 10, 2003 Commissioner Sanchez: Mr. Chairman, could we take care of this resolution accepting a grant for day care services? It's always nice to accept money. There's no (UNINTELLIGIBLE) -- Vice Chairman Teele: If you want to move it, yes, sir. 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: Those opposed have the same right. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-383 A RESOLUTION OF THE MIAMI CITY COMMISSION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT, IN THE TOTAL ESTIMATED AMOUNT OF $200,000, FROM THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES UNDER THE TITLE XX SOCIAL SERVICES ACT THROUGH MIAMI-DADE COUNTY FOR THE DEPARTMENT OF PARKS AND RECREATION, TO PROVIDE CHILD DAY CARE SERVICES TO CHILDREN FROM LOW-INCOME FAMILIES FOR THE PERIOD OF JULY 1, 2002 THROUGH JUNE 30, 2003; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO ACCEPT THE GRANT AND TO IMPLEMENT THE PROGRAM. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton 180 April 10, 2003 Commissioner Sanchez: And just for the record, it's accepting $200,000 from the U.S. Department of Health and Human Resources for child day care services. Commissioner Regalado: Second. Vice Chairman Teele: All right. Commissioner Sanchez: We've already voted on it. 47. PRESENTATION BY CITY'S MIAMI ARTS & ENTERTAINMENT COUNCIL REGARDING: ACTIVITIES AND PROGRESS SINCE CREATION OF COUNCIL; FUTURE WORK PLAN; RECOMMENDATIONS FOR CITY INVOLVEMENT IN SUPPORT OF FUTURE ARTS AND ENTERTAINMENT -RELATED SPECIAL EVENTS WITHIN CITY. Commissioner Regalado: Mr. Chairman, number 34, there's a presentation by the City of Miami's Arts & Entertainment Council. Vice Chairman Teele: OK, item number 34. Seth Gordon: Thank you, Mr. Chairman. My name is Seth Gordon -- Priscilla A. Thompson (City Clerk): Go to the other side (INAUDIBLE). Mr. Gordon: -- city of Royal Palm. Vice Chairman Teele: You'll need to take the other mike, I think. Mr. Gordon: My name is Seth Gordon, chairman of the Miami Arts & Entertainment Council, 3563 Royal Palm Avenue. Commissioners, as you know, you adopted an ordinance early last year, I guess in April or May, and then made appointments to an Arts & Entertainment Council to provide you with advice on various matters having to do with arts, entertainment, and special events, and we've submitted in your packet a work program and a report on the department, which is a corresponding activity created in the Mayor's Office, the Mayor's Office of Film, Arts, Culture and Entertainment. I won't read through or hit the highlights of the full work program, but there are four major areas of activity that we think are important that -- and Commissioner Teele, you've kind of hit on the head when you described what our leading attributes are and why the world cares about us. The world cares about us for the types of things that we're dealing with, because we are a town of night life, cultural activities, entertainment, special events. Those are the things that make us different from most other American cities, and what we want do is to help organize that story and tell it as -- on a consistent theme to what we tell the world about what Miami is all about, and support the activities that are here that emphasize that. We want to make sure that as downtown gets developed, that we -- while we build the residential base for downtown, that there's a supportive night life. There's one form of night life on South Beach that's night life that starts from midnight till 8 a.m. We want a different type kind of night life that starts a little bit earlier for us older folks; that is, nightclubs, jazz clubs, supper clubs, those types of things that are -- would coexist with the Performing Arts Center, and down on the other 181 April 10, 2003 districts in East Little Havana, and down by Tobacco Road on the river. We think that there's a visual art story that we have begun to tell the world that Miami is one of the most interesting visual arts capitals of the world, and Art Basel emphasized that when they selected this community for their western hemisphere presence, and film and television has always, for the last 60 years, been an important part of the economy of this community. It's part of how the world understands us, and we want to do more to build that sector of our economy, and then the fourth, kind of major prong of our attack is special events, and again, Commissioner Teele, you've pointed out that that's such an integral part of what we're all about. We've done more special events here sometimes than there are people, and we want to help organize that and make sure that the City provides the right kind of support for the right events that do the best job of providing the best experience for visitors and the local community, so that's kind of -- that's the sum and substance of that ten -page report of our work program. We have Michelle Spence, who is the -- within our family of activities, as our special events person, and she, working with the City Grants Department and our counsel, developed what we think is a good program to organize and make recommendations to you on all those special events that come before you looking for support. We want to be good helpers. We want to do good staff work for you. We want to present you with recommendations based on an analysis and a comparison of those events based on what we think would be the best investment of City funds, and I would ask Michelle Spence to join me here to explain what -- how that process would work. Michelle Spence: Good evening. My name is Michelle Spence, director of Special Events, Mayor's Office. I'd like to pass you out some information first. Just want to give you a quick update. Currently, the department has been set up. As you can see, there's a project that I gave you, like an outline, which is called FACE (Film Arts, Culture and Entertainment). Currently, we're preparing to launch out for the summer campaign. A lot of our focus is going to be parks in neighborhood to make sure there's a major emphasis on our neighborhoods once again. Inside of the package that I gave you, which is called FACE, I'm going to review -- sure. Vice Chairman Teele: What provisions -- and I meant to bring this up when we did the food program. Ms. Spence: OK. Vice Chairman Teele: What provisions are you all making for the park in Little Haiti? You see, that's a question that you can't answer, because we distribute -- our food program we just passed for all of our Parks programs, they're distributed through our Parks program. The fact is, when you don't have a park in Little Haiti -- all these programs that we're getting ready to talk about now, they don't apply to the core of Little Haiti, and I would hope that the management would take this under advisement as we move forward, because we've been serving lunch programs for the last 15 years from the Department of Agriculture, but you know what? The Parks director said on the record, we've never served food in Little Haiti. You know, we can pass all these resolutions about immigration policies and all that, but we've got a mess right here in Miami. The fact is the City of Miami has never treated the Little Haiti community the way we treat all the other communities because we don't have the infrastructure to do it, so when you're out going to the parks in Wynwood, and in Allapattah, in Overtown, in Model Cities, in Little Havana, and 182 April 10, 2003 the Brickell, and the Grove, and all that, just keep in mind that the Little Haiti parks situation is again getting -- Ms. Spence: I agree. Vice Chairman Teele: -- discriminated against or getting hurt because they don't have the infrastructure. Ms. Spence: I agree. What I wanted to do really today is to kind of give you some updates just on where we are with the Department. Attached in the actual booklet also is an outline of the three phases that we'll operate over the summer. Like I said, the focus is going to be promoting events within our parks during the summer, and launching off a campaign called Hearts of Our Parks. Attached also is a copy of the website in the back of the actual program booklet, and one of the things that we're trying to do is make it -- make the site become a little bit more accessible for promoters, presenters, community-based organizations, so that they'll have the ability to download the grant information, to get information about events that are going on within our City, so currently, that's what we're working on, along with ITD (Information Technology Department), to do that. Now, one of the things I wanted to kind of address is in the past, it's been one of the biggest issues of the Commission, to develop a process to better assist and serve our communities, and inside of this blue folder, I've given you kind of like an update. We've met back and forth with several Commissioners, or your assistants, or aides in regards to the process to kind of get your recommendations of the changes and things that you'd like to see within the process, and what I wanted to do right now is kind of just go through with you the recommendations that were made by you or your staff as a part of the new grant process that we'd like to introduce. The recommendations are, which you've made the changes within inside of the grants, one was that we start the grant process at the beginning of the fiscal year, instead of doing it during the fiscal year, but starting it at the beginning of it. The second recommendation was making sure that, originally, in the process, we were only going to do it biannually and annually. Now, we're moving it to quarterly and biannually. The third comment was to make sure that any past debts that were owed by presenters, or promoters, or organizations was resolved before they would receive funding. We've added that in there also. The fourth recommendation was to make sure that the A& E (Arts & Entertainment) Council, if they are involved with the selection process, that it would not only include the A & E Council; it'll also include private citizens as a part of a grant selection committee to avoid any conflicts of interest. The fifth recommendation was that the City Commissioners would have the final approval on all recommendations made by the selection committee, so regardless of whether or not we create a process in which we collect the data, we make sure that the budgets are there. We make sure that any documents that -- incorporation papers, whatever is necessary, insurance papers -- are all a part of the process. Once we actually collect that information, we go through the process on each one of the grants. It's all recommended to the Commission to make the final decision, and then this -- by many of the Commissioners' aides was one of the most important issue is additional funds need to be allocated in the actual grant because currently, we receive about $500,000 for special events, and as we said earlier, I would say probably the majority of that money comes for Police, Fire, or Solid Waste, so one of the things that -- from the town hall meetings that the board has had and council many of the organizations that aren't doing events, but have like dance studios, or art galleries, it may not actually put on events, but they need 183 April 10, 2003 assistance, need dollars also, so one of the things that was requested was we need to look at finding another way to maybe, perhaps, increase that budget so we could better serve the arts community, so all those recommendations were actually included in the process as a part of the grants guidelines. The only thing that I really wanted to bring attention to is, we are now approaching -- we are going to focus on October 1. We are approaching the summer, and one of the things that we'd like to do, as a part of the grant timeline, is to make sure that each Commissioner's district has workshops on how to fill out the applications, because there are a lot of organizations that don't really know how to fill out applications and they need assistance, so one of the things that we're looking at doing, along with the grant administration, is going to each and every one of your districts to make sure they know how to fill out the application, and even assist them with better filling out the application, so we'll be doing that in July and August -- hopes is to do it in July and August, and September is when we want to try to have the grants be made available, with funding made in November. Commissioner Regalado: (INAUDIBLE) say that tomorrow residents (INAUDIBLE) by (INAUDIBLE), and then (INAUDIBLE) wants to have a huge party, the Orange Bowl, or anywhere, or in Bayfront or wherever, they couldn't apply in October. Mr. Gordon: Commissioner, they could, because even though we want to do set up a quarterly process, there's always room for exceptions. Just like you can hold an emergency Commission meeting when special situations arise, and you need -- you can't wait two weeks for the next meeting, you can hold a special Commission meeting. We do the same thing, and even though we try to drive the process into, you know, quarterly reviews or something that's more spaced out to allow for more deliberate review, if a special circumstance arose and somebody -- there was an urgent need to move something through the process more quickly, I'm certain that we could meet that. Commissioner Regalado: I'm just giving you an example because there is many groups -- there are many groups out there that, at the last minute, decide to do something, and sometimes they (INAUDIBLE) that, so you know, the marketing committee has established a revision process of 90 to 100 days for one year, for me it's very difficult to understand. Mr. Gordon: Commissioner, we've changed that to quarterly. We -- in response to your concern, you raised that with staff, and we went back and rethought that, and we agreed that, you know, again, ideally, we could do the most -- the biggest and most thorough staff review if we did it once a year, but you're right, that doesn't leave people enough opportunities to get into the loop, so we've changed that to quarterly, so every 90 days, there'll be a fresh cycle, and even with the quarterly, if there was an emergency need, somebody urgently -- you know, to meet some deadline, or some -- you know, some other special need, we could rush it through more quickly, and even beyond that, people could still bypass us and go to you on a surely emergency basis. I mean, we don't -- we're not trying to set ourselves up as gatekeepers. Commissioner Regalado: No. It's OK. Mr. Gordon: We want to be good helpers. 184 April 10, 2003 Commissioner Regalado: OK. Commissioner Sanchez: I have a question. Ms. Spence: Sure. Commissioner Sanchez: Well, first of all, I'm ecstatic that we finally have a process in place, or we're working towards a process in place that'll be accepted by this legislative body. I, for one, the experience that I have over at Bayfront Park, always ask this question: Who's for profit? Who's not for profit? OK. Who can generate the sponsors? Who can't generate the sponsors? How much attended -- who -- how many attended this event, and how many did not attend that event? Because at the end of the day, the last thing that we don't want to be seeing is five Commissioners and a Mayor dressed up as Santa Clause handing out, as we usually do here, to organizations that some are great, some aren't -- so, there has to be a process in place. I'll give you a perfect example. One is, the biggest event here in the City of Miami is Carnival Miami -- Carnival -- the Kiwanis event in Calle Ocho; millions and millions and millions of dollars to the economy. They don't ask for a penny from the City, OK, but you can't compare them to smaller events in our community. However, once we start with these organizations, it start off, and they're able to, as years go by, be able to reach out to the private sector through sponsorship, I'm all for a starting assistance, and once they start going on their own, they could get on their own -- because what happens is, you're going to have -- and you see it now, organizations that come back, they ask for assistance. We give them assistance, but we don't have the ability to go and look at what they're doing, and in many cases, once again, you have promoters that are doing an event; the City's paying for it, and they're walking out this city with their pockets full of dough, and that's a concern that I have, so I am so thrilled to finally see a process that would not only look at, you know, big events, such as the Billboard Latin Music Award, but also on the smaller scale community events, such as Flagami Fiesta, the events that they're doing now in Little Haiti, "Viernes Culturales, " these small events that really, the City has never done much for them, but they are creating a major economic impact to our community, so I am thrilled to see that at least we're almost to a point that maybe today we're able to vote on this issue, but I'm just ecstatic to finally see that we have a process in; although, we're going to have the final vote. This Commission's going to have the final vote. At least, it comes to us with all the answers, all the answers -- all the questions answered. Mr. Gordon: We're going to try. Commissioner Sanchez: You're going to try OK. Vice Chairman Teele: I also feel that the process is very helpful, and what I'm concerned about is the policy, though, and -- well, I'm concerned about two issues. I think -- and I've said this to Michelle before, but we need to have a panel that evaluates these grants that don't put on events, that doesn't represent anybody that does this, that's not asking for money in another venue, because this idea that "I won't vote on mine, and you don't vote on yours" -- I went through that with MMAP (Metro -Miami Action Plan) back in the `90s and wound up having to go through the Miami Herald and all that kind of stuff. We don't need to have people on boards that are in 185 April 10, 2003 that business -- on panels that are in that business. Now, if you're on the board, that's a different story. Mr. Gordon: No, we agree. Vice Chairman Teele: But the panel people should be totally devoid of that. Secondly, I think the policy is what we need to approve, and sort of like -- well, let me give you an example. I believe the policy should be to encourage, as our highest priority, events in neighborhoods. You know, 90 percent of what we deal with down here is Bayfront Park, or the Miami Arena, or the Knight Center, and I don't have anything against those venues, but I think, going to the point that Commissioner Sanchez just made, community organizations need support in just knowing how to organize events in their neighborhood. There are some beautiful parks out here that don't get nearly enough utilization, and I really think that in terms of seeing the taxpayers getting a return for their dollars, the more events that we can have in neighborhoods, the more people are going to appreciate the City, people are going to appreciate their neighbors. The second thing is the point that Commissioner Sanchez just raised about profits from nonprofits and promoters making money. I'm more -- I'm just as concerned about events that charge a lot of money, and I think somehow there's got to be a formula recognition for those events that charge $5 versus those events that charge $25. I think we need to try to make things accessible and affordable to the community, and I think there are a lot of ways to go about doing that. For example, with the Winter Fest, you know, the Commission negotiated large blocks of tickets for the community so that community children were able to participate, and those are the kinds of things that we need to consider. All in all, though, this is not a very good business to be in. It's not a good business to be in because people don't even understand that Miami is a city where our business is making money off people that are having fun, and I think we need to be careful that we don't reengineer what people are out there doing, and -- for example, Seth, some of the comments you made about nightclubs and that. You know, we've got all kinds of businesses that are in that business, and what I would be concerned about is the things that scare me. For example, the roach trucks, as a parallel. If you let -- and I want to say this because I know that some of the roach trucks people have friends on this Commission, but if you let the roach trucks get into a certain area, for example, like the Club District that we have there at Park West, you'll never have pizza parlors and restaurants being built, and so we have taken the position, for example, there that we are going to discourage that because what we're looking for are people to come in to invest in the building and the property. I feel the same way about encouraging people to go out and having parties and that kind of stuff, because you've got people who are spending $5 million building clubs, and what I'd hate to see is us to subsidize people to put on things that are going to wind up competing with people who are paying taxes, paying property taxes, paying the occupational fees, doing this, and coming in doing an event and running. Mr. Gordon: You know, Commissioner, you're absolutely right. Our portion of our work (INAUDIBLE) streets to night life speaks to things the city could do to provide incentives to developers just the way you do in other areas, saying that -- to encourage private investment in night life facilities. In no way, do we want to compete with people who are in that business. That's in the -- that's not in the sponsorship part of our program. It's in our private investment encouragement portion of our program. 186 April 10, 2003 Vice Chairman Teele: OK. Is there -- Commissioner Regalado, or does anyone want to act on, in any way, on this? Now, I think we need to get -- I'm more interested in the policy justifications, and how, you know, the rankings are going to be, and all of that. I think the idea of having, you know, three panels is good, maybe four, I don't know. I think the question that Commissioner Regalado asked you doesn't have an answer, because if there is -- if that would happen in Venezuela or Cuba, there won't be any time for anybody to -- or enough money for the kind of parties that are going to go on, so it'll all come out of general fund, but I will say this: If you all are looking at these events -- and I think there should be some event -- there has always been in this city two systems of government. The Little Kiwanis project -- I would like, Chief Fernandez, to see how much money that the Little Kiwanis pays the City of Miami Police Department in overtime fees over the last three years, and I tell you what -- I'm saying special events fees -- and I'll tell you what: You're going to be surprised. You're going to have open- mouth shock and astonishment. I'd like to see the total amount of money that the Little Kiwanis pays for those two days that they have those -- because you see, what has always happened, Chief Fernandez, is this: Those groups that are connected get a great deal. They get all kinds of breaks. The majors, the lieutenants, they move people around to accommodate those events. It happens. You don't have to tell me it doesn't happen. I know it happens. It happens. It happens. And those folks who are out of their neighborhood, who are downtown, who may not even be wanted downtown, they have to pay through the nose, and so I think a part of what needs to happen is we need to look at all special events, and we need to make sure that we have one set of rules. Mr. Manager, I have asked the Planning Director for two years -- do you supervise Planning? Victor Monzon (Chief of Neighborhood Services, City Manager's Office): Yes, Commissioner. Vice Chairman Teele: When is the parking lot across from the Miami Arena going to comply, like all the other parking lots, with paving, with the requirements, you know? This City has two sets of justice. Mr. Monzon-Aguirre: Commissioner, may I just say something? The Planning Department has no jurisdiction over that. That's Code Enforcement, which is part of the NET (Neighborhood Enhancement Team) administration, but I just want to say something, that all the parking lots in - - near the Miami Arena have received their citations for those things that they're not complying with, and will be brought into compliance, try to get up on the due process. Vice Chairman Teele: When Joe Carollo was elected mayor the first time, the first thing he said is he was going to bring that parking lot into compliance, and that had to be in '94 or `95. When was -- when -- Commissioner Gonzalez: `95. Vice Chairman Teele: `96-- no, `95. Commissioner Gonzalez: `95. 187 April 10, 2003 Vice Chairman Teele: When Steve Clark died, very prematurely, and Joe Carollo came in. If you go back and check the transcript, he talked about that parking lot. I talked about that parking lot two years ago. They said it would come into compliance January 1, a year ago, and yet, I find out now that that firm that owns that parking lot is a consultant to our consultant on parking, so go figure. Could you put that on the agenda for the third meeting in May, please? Mr. Monzon-Aguirre: For the third meeting in May? Vice Chairman Teele: Yeah. Mr. Monzon-Aguirre: Most certainly. Vice Chairman Teele: Further discussion on the item? Again, I think the most important thing that we can do is not how much money, but how we work with the City Police Department and Fire Department, and Solid Waste, and how we can coordinate our services around events, and one of the things that may be is that, as a pilot program, it may be that those events that are held in the communities that are a part of this process could be those who get the fee waiver for police, et cetera, as a way of encouraging activities in the community. Commissioner Gonzalez: I just have one question, Mr. Chairman, and probably one request. One of the questions is, this is a board, right? Mr. Gordon: Yes, sir. Commissioner Gonzalez: Who are the members? Can I have a list of the members of the board? Mr. Gordon: It should be in the report. Here, I have it right here. The way -- Commissioner, the ordinance is set up -- Vice Chairman Teele: You're going to have to get behind the mike and speak, please. Mr. Gordon: Oh, I'm sorry, I'm sorry. Commissioner, the way the ordinance is set up, the Mayor makes five appointments, the Chairman of the Commission makes two appointments, and each of you made one. Commissioner Sanchez: Well, Mr. Chairman, I'm prepared to make the motion. Vice Chairman Teele: On what? Commissioner Gonzalez: OK. I -- could somebody go by my office -- make an appointment with my Chief of Staff so they can sit down with me and explain to me this -- Mr. Gordon: I'd be happy to. Commissioner Gonzalez: -- all this -- you know, because usually, to be honest with you, I don't like to be presented with this for the first time and hope that I can read it, and digest it, and 188 April 10, 2003 approve it, and vote on it without having a chance to read it. Either that or, you know, we can all go home and come back at 12 midnight, after I had the time to read it, and then we'll discuss it and approve it. It's a constant practice: "Here you are. This is our plan. Approve it." Ms. Spence: Actually, Commissioner, I have had like several meetings with your office, Frank, and as a matter of fact, some of those recommendations came from, you know, your office as to the changes he wanted to see made. Commissioner Gonzalez: There are some things that I understand. I see target area Allapattah, I see -- and I see target area Allapattah, and I don't see anybody here from Allapattah, you know, even though Allapattah wasn't -- is not as fortunate as -- Vice Chairman Teele: But it's nothing to debate. I mean, if you want more time, he's going to get more time. I mean, it's -- Commissioner Gonzalez: Yeah, because you know -- Commissioner Sanchez: Defer the item? Commissioner Gonzalez: -- we never have any -- Mariano, do we have any type of festivals sponsored by anybody? Vice Chairman Teele: Was there a resolution passed out with this item? Ms. Spence: No. It was just a discussion. Vice Chairman Teele: There's no resolution on this. Mr. Gordon: This is the report. Ms. Spence: It's just to let you know. Vice Chairman Teele: It's a report. Commissioner Gonzalez: Right. Vice Chairman Teele: The agenda item calls for a report. Commissioner Sanchez: It's just a report? Vice Chairman Teele: Yeah. Ms. Spence: Yeah. Commissioner Sanchez: OK, so it's just a report. 189 April 10, 2003 Commissioner Gonzalez: No. I thought that you were ready to make a motion, so you know, if you were ready to make a motion, I was going to get up and leave because I'm not ready to vote on anything that I haven't read. Vice Chairman Teele: All right. Can we go on to the next thing? Did you want to say something, sir? Mr. Cruz: No, no, no. I say that -- Vice Chairman Teele: Your name and address for the record. Mr. Cruz: Mariano Cruz, 1227. One of the neighbors that got the most festival is Allapattah. Next Sunday, 13 you're invited, `Bachataso 2003, " so you know, consider that. Commissioner Gonzalez: Yeah, but none of this -- Mr. Cruz: I don't know any -- and the community. Besides that, the "Nicas" and the Hondurans, and everybody have their festival there, too, you know. Commissioner Gonzalez: Yeah, but my point, Mariano, is that in the 14 years that I've been in Allapattah, that I know -- and I might be wrong -- that I know, none of the festivals that we have had in Allapattah has ever gotten a penny from the City of Miami, or have we? All right. Mr. Gordon: Commissioner, we'll -- Commissioner Gonzalez: All right. Thank you. Commissioner Sanchez: All right. Mr. Gordon: -- schedule to meet as soon as you can. Commissioner Gonzalez: Thank you. I appreciate it. Commissioner Sanchez: All right. Vice Chairman Teele: Next item. Next item. Commissioner Sanchez: We got the appointments. Mr. Monzon-Aguirre: Appointments. Commissioner Regalado: Appointments. 190 April 10, 2003 48. DISCUSSED: PROPOSED RESOLUTIONS RATIFYING, APPROVING AND CONFIRMING MANAGER'S FINDINGS OF EMERGENCY(S), WAIVING REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES; ALLOCATING FUNDS FROM BUDGET OF VARIOUS USER DEPARTMENT ACCOUNTS. Victor Monzon (Chief of Neighborhood Services, City Manager's Office): Mr. Chairman. Vice Chairman Teele: Yes. Mr. Monzon-Aguirre: You never did the special consent agenda items 1 through 1-- 68, unless you want to hold it for later? Vice Chairman Teele: You want to move that, with one person voting no? Don't you want to move that when you got four "yes" votes? Mr. Monzon-Aguirre: Mr. Chairman, I'm not asking to move them. I'm just saying that's one of the items that's still not voted on. Vice Chairman Teele: Yeah. That's the -- Commissioner Regalado: Which one? Commissioner Sanchez: Well, that's -- and that's a tough pill to swallow. Commissioner Regalado: Which one is it? Vice Chairman Teele: That's ratifying -- how much is it? Commissioner Sanchez: Twenty million. Vice Chairman Teele: Twenty million dollars in expenses -- in expenditures that go all the way back to Don Warshaw? Mr. Monzon-Aguirre: Yes, Commissioner, Mr. Chairman, exactly. Commissioner Regalado: (INAUDIBLE) already expend, right? Mr. Monzon-Aguirre: Yes, Commissioner, they've all -- all the monies have been expended. Commissioner Sanchez: You know, it really puts us in very awkward -- Commissioner Regalado: Any brochures? Vice Chairman Teele: OK. Appointments to boards? 191 April 10, 2003 Commissioner Regalado: Any (INAUDIBLE)? Commissioner Gonzalez: Any Victoria Secret tickets in there? Vice Chairman Teele: Come on, guys, let's get out of here tonight. 49. APPOINT LUIS CABRERA, STEVE CACERES, DAVID MARKO, ROLANDO AEDO, GARY RESHEFSKY, JULIE GRIMES, SONNY ARMBRISTER AND RONDA VANGATES AS MEMBERS OF HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD (See #52). Vice Chairman Teele: Homeland Defense board. Commissioner Regalado: I have appointment. Commissioner Sanchez: Go ahead. Vice Chairman Teele: Commissioner Regalado, you're recognized. Commissioner Regalado: Luis Cabrera and Steve Caceres. Vice Chairman Teele: Is there a second? Commissioner Sanchez: Second. 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: MOTION NO. 03 -3 84 A MOTION APPOINTING LUIS CABRERA AND STEVE CACERES AS MEMBERS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD. 192 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 Commissioner Sanchez: I would like to reappoint David Marko and Rolando Aedo. Commissioner Regalado: Second. Commissioner Sanchez: Aedo. Vice Chairman Teele: 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. 03-385 A MOTION APPOINTING DAVID MARKO AND ROLANDO AEDO AS MEMBERS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT 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 Winton. 193 April 10, 2003 Commissioner Sanchez: Commissioner Winton would like to reappoint everyone that -- he asked me before he left to reappoint everyone, and I believe there's a new individual that he would like to appoint to the Occupational License Board, and that is David Collins. Vice Chairman Teele: Well, wait a minute. Right now, we're talking about Homeland Security, so -- Commissioner Sanchez: I guess he would like to reappoint -- Commissioner Regalado: The people that he had (INAUDIBLE) -- Vice Chairman Teele: Gary -- Priscilla A. Thompson (City Clerk): Reshefsky -- Vice Chairman Teele: Reshefsky and -- Ms. Thompson: -- and Julie Grimes. Vice Chairman Teele: -- Julie Grimes, and Julie Grimes requires a waiver for excessive absences. Commissioner Sanchez: So move the reappoint, and so move the waiver. Commissioner Gonzalez: Second. Commissioner Regalado: Second. Vice Chairman Teele: Moved and seconded. Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 03 -3 86 A MOTION APPOINTING GARY RESHEFSKY AND JULIE GRIMES AS MEMBERS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD; FURTHER WAIVING BY A FOUR/FIFTHS VOTE OF THE MEMBERS OF THE FULL CITY COMMISSION, THE ATTENDANCE REQUIREMENTS OF CITY CODE SECTION 2-886 AS IT RELATES TO PAST ABSENCES ON RECORD FOR JULIE GRIMES. 194 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 Vice Chairman Teele: Now, do we have the Mayor's appointees for the Homeland Security? Ms. Thompson: (INAUDIBLE). Vice Chairman Teele: OK. Is that everybody? Ms. Thompson: Yours, sir. Vice Chairman Teele: Commissioner Regalado, would you preside and allow me to nominate? Commissioner Regalado: Yes, sir, you're recognized. Vice Chairman Teele: I would like to nominate Sonny Armbrister and Rhonda Vangates. Commissioner Regalado: OK. We have a motion -- Commissioner Gonzalez: Second. Commissioner Regalado: -- and a second. 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 -3 87 A MOTION APPOINTING SONNY ARMBRISTER AND RONDA VANGATES AS MEMBERS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD. 195 April 10, 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: The item is adopted. 50. APPOINT DAVID COLLINS, DEREK LEWIS AND ANTHONY CANTEY AS EMBERS OF OCCUPATIONAL LICENSE EQUITY STUDY COMMISSION (See #12). Vice Chairman Teele: Now, the next item is Occupational Licenses. Commissioner -- did Commissioner Winton make his appointment? Commissioner Sanchez: Yes. He would like to appoint David Collins, and he is a city resident. So move. Commissioner Gonzalez: Second. Vice Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 03-388 A MOTION APPOINTING DAVID COLLINS AS A MEMBER OF THE OCCUPATIONAL LICENSE EQUITY STUDY COMMISSION. 196 April 10, 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: Commissioner Rega -- Commissioner Regalado: I already appointed Anthony Cantey. Vice Chairman Teele: Would you preside and allow me to appoint, sir? Commissioner Regalado: Yes, sir, you're recognized. Vice Chairman Teele: Mr. Derek Lewis, attorney at 168 Southeast 1st Street, Suite 603, so move. Commissioner Gonzalez: Second. Commissioner Regalado: OK. We have a motion. Do we have a second? Commissioner Gonzalez: Second. Commissioner Regalado: All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Regalado: Item passes. The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-389 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE OCCUPATIONAL LICENSE EQUITY STUDY COMMISSION FOR TERMS AS DESIGNATED HEREIN 197 April 10, 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 Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton 51. APPOINT CARLOS ARBOLEYA, SR., PLACIDO DEBESA, MILAGROS LOYAL, MARIANO CRUZ, SALLYE JUDE, JOE WILKINS, SONNY ARMBRISTER, ROBERT FLANDERS AND RICK WALSH AS MEMBERS OF PARKS ADVISORY BOARD (See #53). Vice Chairman Teele: All right, and on the Overtown Advisory Board. Temporarily pass those two. Item number 30 is the Parks Advisory Board. Let's start with Commissioner Regalado. Commissioner Regalado: OK. Carlos Arboleya and Placido Debesa. Vice Chairman Teele: Is there a second? Commissioner Sanchez: Second. Commissioner Gonzalez: Second. Vice Chairman Teele: All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: Is there objection? The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 03 -3 90 A MOTION APPOINTING CARLOS ARBOLEYA, SR. AND PLACIDO DEBESA AS MEMBERS OF THE PARKS ADVISORY BOARD. 198 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 Vice Chairman Teele: Commissioner Gonzalez. Commissioner Sanchez: No objections. Commissioner Gonzalez: No objections. Vice Chairman Teele: Parks Advisory Board, did you want to appoint -- reappoint anybody? Mr. Cruz is on it, but you don't have to reappoint him, if you don't -- Commissioner Gonzalez: Yeah, that's my question. Commissioner Regalado: You have appointments. Commissioner Gonzalez: Now, we have to make two appointments, right? Commissioner Regalado: Two. Vice Chairman Teele: You have two appointments, yes. Commissioner Gonzalez: OK, so my appointments will be reappointing Milagros Loyal and Mariano Cruz. Commissioner Sanchez: So moved. Second. Vice Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All opposed? 199 April 10, 2003 The following motion was introduced by Commissioner Gonzalez, who moved for its adoption: MOTION NO. 03 -3 91 A MOTION APPOINTING MILAGROS LOYAL AND MARIANO CRUZ AS MEMBERS OF THE PARKS ADVISORY BOARD. 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: Congratulations, Mr. Cruz. Commissioner Sanchez: Mr. Chairman, I would like to reappoint Sallye Jude and Joe Wilkins. Commissioner Regalado: 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 -3 92 A MOTION APPOINTING SALLYE JUDE AND JOE WILKINS AS MEMBERS OF THE PARKS ADVISORY BOARD. 200 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 Commissioner Regalado: You want to appoint somebody, Mr. Chairman? Vice Chairman Teele: Is that for the Parks Advisory -- Commissioner Regalado: Parks Advisory Board. Vice Chairman Teele: Yes. I would like to -- Commissioner Regalado: (INAUDIBLE). Vice Chairman Teele: I would like to reappoint Mr. Sonny Armbrister at this time. I would so move. Commissioner Gonzalez: Second. Commissioner Sanchez: Second. Commissioner Regalado: We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Regalado: Item passes. The following motion was introduced by Vice Chairman Teele, who moved for its adoption: MOTION NO. 03 -3 93 A MOTION APPOINTING SONNY ARM BRISTER AS A MEMBER OF THE PARKS ADVISORY BOARD. 201 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 Vice Chairman Teele: The other member continues to serve until a vacant -- until an appointment, is that correct, Mr. Attorney? Alejandro Vilarello (City Attorney): The individual will continue to serve until a new appointment is made. Vice Chairman Teele: OK. Now, what about Commissioner Winton, did he -- Commissioner Sanchez: He would like to reappoint his -- Vice Chairman Teele: Mr. Flanders and Mr. Walsh? Commissioner Sanchez: Yes. Vice Chairman Teele: It's been -- Commissioner Sanchez: So moved. Vice Chairman Teele: -- by Commissioner Sanchez and -- Commissioner Gonzalez: Second. Vice Chairman Teele: -- second by Commissioner Gonzalez. Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All opposed? 202 April 10, 2003 The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 03 -3 94 A MOTION APPOINTING ROBERT FLANDERS AND RICK WALSH AS MEMBERS OF THE PARKS 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: Do we have any instructions from from the Mayor on the Parks Advisory Board, Mr. Alberto Lorenzo and -- Francois Illas: Commissioner, Francois Illas, Mayor's Office. We're going to reserve our right to appoint at a future date at this point. Vice Chairman Teele: All right. Mr. Illas: Thank you. Vice Chairman Teele: Why don't we do this: Why don't we pass a resolution authorizing the Mayor to submit his appointments directly to the Clerk for the Parks Advisory Board and the Homeland Defense? Well, we've got another -- we got two meetings coming up; there's no reason to do that. 52. APPOINT LUIS CABRERA, AND STEVE CACERES, DAVID MARKO, ROLANDO AEDO, GARY RESHEFSKY, JULIE GRIMES, SONNY ARMBRISTER, RONDA VANGATES, JAMI REYES, LUIS DE ROSA AND RINGO CAYARD AS MEMBERS OF HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD (See #49). Francois Illas: Commissioner, Francois Illas, Mayor's Office. On the Homeland Defense, we're going to reappoint four of our appointees, minus -- Vice Chairman Teele: You want to read off -- 203 April 10, 2003 Mr. Illas: -- Larry springs, and we're going to reserve our right to appoint that appointee at a future Commission date. Vice Chairman Teele: So, you're reappointing everyone, except -- Mr. Illas: Larry Spring. Vice Chairman Teele: Is there a motion? Commissioner Sanchez: So moved. Vice Chairman Teele: That would be to appoint Mr. Flanders, Mr. Reyes -- Commissioner Regalado: Second. Vice Chairman Teele: -- Mr. Derosa and Cayard? Mr. Illas: Correct, Commissioner. Vice Chairman Teele: Moved by Commissioner Sanchez, second by -- Commissioner Gonzalez: Second. Vice Chairman Teele: -- Commissioner Regalado. Is there objection? All those in favor, say LL " aye. The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-395 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. 204 April 10, 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 Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton 53. APPOINT CARLOS ARBOLEYA, SR., PLACIDO DEBESA, MILAGROS LOYAL, MARIANO CRUZ, SALLYE JUDE, JOE WILKINS, SONNY ARMBRISTER, ROBERT FLANDERS AND RICK WALSH, STEVEN E. LEFTON AND ALFRED SANCHEZ AS MEMBERS OF PARKS ADVISORY BOARD (See #51). Priscilla A. Thompson (City Clerk): Commissioner Teele. Vice Chairman Teele: Yes, ma'am. Ms. Thompson: You need to go back to the Parks Advisory Board and (UNINTELLIGIBLE). We do need the Commission to vote on a four -fifth waiver of residency for Parks Advisory Board member (INAUDIBLE) Steven Lefton and Alfred Sanchez. Commissioner Sanchez: So move. Vice Chairman Teele: Is there a second? Commissioner Gonzalez: Second. Commissioner Regalado: Second. Vice Chairman Teele: Is there -- all those in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All opposed? 205 April 10, 2003 The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-396 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PARKS ADVISORY 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 Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton 54. APPOINT RUTH GREENFIELD AS A MEMBER OF PERFORMING ARTS CENTER TRUST. Vice Chairman Teele: All right, so we've got the Performing Arts at large. Commissioner Sanchez: Mr. Chairman, Ruth Greenfield, who is a music lover and art lover, has a lot of history in music; she's a fine professor of music. I would so move her as the appointment at large for the Performing Arts Center. Commissioner Gonzalez: Second. Vice Chairman Teele: All those in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All opposed? 206 April 10, 2003 The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-397 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE PERFORMING ARTS CENTER TRUST 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 Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Vice Chairman Teele: Now, does she serve on the Bayfront Trust, as well? Commissioner Sanchez: Yes, sir, and she is a lovely person. Vice Chairman Teele: OK, and she's also going to be one of the people that will be honored her heirs at the cemetery, and they were major contributors to this community, and they were among the first people in this City that allowed Blacks to come in the front door and to be a part of the music lessons, and just -- they didn't see color; they've always seen quality of human life, and I think she's a wonderful representative. I'm really honored that the Commission would unanimously continue to put her on. 55. DEFER DISCUSSION OF POSSIBLE SETTLEMENT OF PENDING OUTDOOR ADVERTISING (BILLBOARD) RELATED LITIGATION AND CODE ENFORCEMENT CASES AND SETTLEMENT PROPOSAL — CARTER OUTDOOR ADVERTISING COMPANY SETTLEMENT PROPOSAL — ELLER ADVERTISING COMPANY. Vice Chairman Teele: Are there any other appointments that we need to make at this time? The Urban Development Review Committee, item number 32. Commissioner Regalado: I'll defer that. Vice Chairman Teele: Deferring that item, and Mr. Attorney, you want to give us an outlook on the Carter and Eller? Is that being deferred? 207 April 10, 2003 Alejandro Vilarello (City Attorney): I was going to request that the item be deferred to the next meeting. However, I'd like to briefly advise you that we've had some very constructive discussions with them. Hopefully before the next meeting, I'll be able to put forward proposals for your consideration before the May 1 meeting. Commissioner Sanchez: Could we do that in an executive session? Vice Chairman Teele: You'd like to do it when, sir? Commissioner Sanchez: Executive session. Vice Chairman Teele: OK. May 8. Mr. Vilarello: May 8. Commissioner Sanchez: Yeah, May 8, executive session. I mean, if he's coming back with some recommendations on settlement -- Vice Chairman Teele: All right. Commissioner Sanchez: -- I think that'll be appropriate. Vice Chairman Teele: Is there a motion for an executive session on May 8? Mr. Vilarello: Is that a request, to consider it an executive session? Commissioner Sanchez: Yes, sir. Mr. Vilarello: Then I'll request an executive session -- oh, I'm sorry, I can't. Commissioner Sanchez: Will you be making recommendations? Mr. Vilarello: National -- Eller and Carter Outdoor Advertising are not in actual litigation. Commissioner Sanchez: All right. Mr. Vilarello: Our litigation is with National, and I can't have an executive session on anticipated litigations. Commissioner Sanchez: That's fine. OK. Vice Chairman Teele: All right. Mr. Vilarello: However, I'll bring back the matter at the May 8 meeting. Commissioner Sanchez: OK. Thank you. 208 April 10, 2003 56. ACKNOWLEDGE COMMUNITY REDEVELOPMENT AGENCY [CRA] FOR SOUTHEAST OVERTOWN/PARK WEST DISTRICT APPROPRIATION REQUEST FOR $5 MILLION FROM U.S. DEPARTMENT OF TRANSPORTATION FY 2004 FEDERAL TRANSIT ADMINISTRATION [FTA] DISCRETIONARY BUS FUND, TO ASSIST IN FUNDING CONSTRUCTION OF I-395/MEDIA TOWER PARKING GARAGE COMPONENT FOR VISITORS TRAVELING INTO DOWNTOWN UTILIZING I-395, PERFORMING ARTS CENTER DISTRICT, MOTION PICTURE AND MEDIA DISTRICT, PARKWEST ENTERTAINMENT DISTRICT AND OVERTOWN JAZZ, BLUES AND GOSPEL DISTRICT. Vice Chairman Teele: OK. Further items on the agenda? Is there anything, Mr. Manager, that we've overlooked that you'd like to bring up? If not, we'll go to pocket items. Pocket items, Commissioner Sanchez. No pocket item? Commissioner Sanchez: No, sir. Vice Chairman Teele: Commissioner Gonzalez? Commissioner Gonzalez: No, sir. Vice Chairman Teele: Commissioner Regalado? Commissioner Regalado: No. (INAUDIBLE)? Vice Chairman Teele: Yeah. Commissioner Regalado: OK. Commissioner Teele is recognized. Vice Chairman Teele: Well, I don't know. My staff, I guess, is all asleep back there. They were supposed to have brought out a pocket item approving the request of Southeast Overtown/Park West Redevelopment Authority, and making application for $5 million for federal funds from the Federal Transit Administration Bus Account discretionary funds, which must be submitted by Friday, noon, tomorrow to the Congress -- Commissioner Sanchez: So moved. Vice Chairman Teele: -- for the purpose of building a parking garage in conjunction with the Media Tower or 395. Commissioner Gonzalez: Second. Commissioner Regalado: OK. There is a motion by Commissioner Teele and a second. All in favor, say "aye." The Commission (Collectively): Aye. 209 April 10, 2003 The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-398 A RESOLUTION OF THE MIAMI CITY COMMISSION A RESOLUTION OF THE MIAMI CITY COMMISSION ACKNOWLEDGING THE SOUTHEAST OVERTOWN/PARK WEST DISTRICT COMMUNITY REDEVELOPMENT AGENCY'S ["SEOPWCRA"] REQUEST FOR APPROPRIATIONS IN THE AMOUNT OF $5 MILLION FROM THE UNITED STATES DEPARTMENT OF TRANSPORTATION FISCAL YEAR 2004 FEDERAL TRANSIT ADMINISTRATION ["FTA"] DISCRETIONARY BUS FUND, TO ASSIST IN FUNDING THE CONSTRUCTION OF THE I-395/MEDIA TOWER PARKING GARAGE COMPONENT FOR USE BY VISITORS TRAVELING INTO DOWNTOWN MIAMI UTILIZING I-395, THE PERFORMING ARTS CENTER, AND THE MOTION PICTURE AND MEDIA, PARKWEST ENTERTAINMENT AND OVERTOWN JAZZ, BLUES AND GOSPEL DISTRICTS. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton 57. APPROVE FOR MIAMI DADE SCHOOL BOARD IN CONJUNCTION WITH DELTA SIGMA THETA SORORITY, INC., AIDS/HIV CONFERENCE TO BE HELD MONDAY, APRIL 14, 2003, AT MIAMI SPORTS AND EXHIBITION CENTER; AUTHORIZE REIMBURSEMENT OF VENUE COST ONLY, $10,000. Vice Chairman Teele: And the other item is an item to approve for the Miami -Dade School Board, in conjunction with Delta Sigma Theta and AIDS (Acquired Immuno Deficiency Syndrome) HIV (Human Immuno -deficiency Virus) Conference that's coming Monday at the Miami Sports & Exhibition Center, and authorizing a reimbursement of the venue costs only, up to $10,000. So move. Commissioner Regalado: We have a motion. Do we have a second? Commissioner Gonzalez: Second. 210 April 10, 2003 Commissioner Regalado: We have a second. 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. 03-399 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING REIMBURSEMENT OF THE VENUE COST ONLY, IN AN AMOUNT NOT TO EXCEED $10,000, FOR USE OF THE MIAMI SPORTS AND EXHIBITION CENTER FOR THE AIDS/HIV CONFERENCE SCHEDULED FOR MONDAY, APRIL 21, 2003, CONDUCTED BY THE MIAMI-DADE COUNTY SCHOOL BOARD, IN CONJUNCTION WITH DELTA SIGMA THETA SORORITY, INC. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Vice Chairman Teele: And I want to say that this AIDS thing, HIV is citywide. It has nothing to do with my district, but District 5 has the highest AIDS rate of any district in the City of Miami, and the City of Miami is at the very top of AIDS in the United States. I think one of the things that we've got to stop doing, at least I've got to stop doing -- and I will admit that I've not always been responsible -- is we've really got to recognize AIDS as a national crisis, and it's a national crisis that's sweeping our community; it has nothing to do with lifestyle anymore. It really has to do with just not being -- engaging in safe sex, but it's really affecting younger and younger people, and I think that the Model City Trust and the various organizations that are involved in this, and especially in the City, we've got to provide more resources for AIDS research and AIDS awareness, particularly in our Parks programs and parks initiatives, and I think we've got to sort of remove the taboo, and I'm very honored that the City will sponsor something countywide like this, because this resource is there for all of the students, and I, for one, believe that we've got to get our management to work more proactively to make AIDS and HIV awareness an important issue in our community, and I thank you for your support. Commissioner Sanchez: Move to adjourn. Vice Chairman Teele: Motion to adjourn is already in order, and it is so ordered. 211 April 10, 2003 THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 7:31 P.M. ATTEST: Priscilla A. Thompson CITY CLERK Sylvia Scheider ASSISTANT CITY CLERK aR_ MANUEL A. DIAZ MAYOR 212 April 10, 2003