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Home My WebLink AboutCC 2003-05-08 MinutesMINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 8th day of May 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 9:27 a.m. by Vice Chairman Teele with the following members of the Commission found to be present: Commissioner Angel Gonzalez (District 1) (entered 9:28) Chairman Johnny L. Winton (District 2) (entered 9:58) Commissioner Joe Sanchez (District 3) Commissioner Tomas Regalado (District 4) Vice Chairman Arthur E. Teele, Jr. (District 5) ALSO PRESENT: Joe Arriola, City Manager Alejandro Vilarello, City Attorney Victor Monzon-Aguirre, Assistant City Manager Joel Maxwell, Deputy City Attorney Priscilla A. Thompson, City Clerk May 8, 2003 1. PRESENTATIONS AND PROCLAMATIONS Vice Chairman Teele: Commissioner Winton is in route and he has expressed his request that we proceed with the beginning formalities of the morning and the presentations, so I will yield to -- is Commissioner Gonzalez here? I think he's got a presentation. Perhaps, if we could all stand for a moment of silent prayer followed by the pledge of allegiance to the flag. A silent invocation was delivered by Vice Chairman Teele, after which he led those present in a pledge of allegiance to the flag. Vice Chairman Teele: Did y'all have a presentation that you want to make? And I think there is -- we will move forward with the -- I assume that Commissioner Winton would like to make a presentation to Carolyn Cope -- Commissioner Gonzalez, did you want to make your presentation this morning now? Good morning. Fine. Commissioner Gonzalez: Yes, good morning. Presentations were made: 1. Distinguished Citizen Awards presented to Antwan Johnson and Diangi Lescaylle for their assistance to individual suffering a seizure on a City sidewalk. 2. Certificate of Appreciation presented to Carolyn Cope for volunteer work. 3. Firefighters of the Year -- Advanced Life Service Awards to certain firefighters. Vice Chairman Teele: Alright, ladies and gentlemen, we have a very busy day today. We'd like to try to hold items number 15 and 17 until the Commission has a full board. Commissioner Winton should be here for the redistricting. We'd like to dispense with the other items to the extend we can. It needs to be stated that there are no mayoral vetoes that have been forwarded, and the Chair will accept a motion to accept the minutes from the previous regular meetings July 26th __ Commissioner Sanchez: So move, Mr. Vice Chairman. Commissioner Regalado: Second. Vice Chairman Teele: -- 2001 through September 13, 2001 and October 11, 2001 and the special meeting of January 28, 2003. Is there a motion? Commissioner Sanchez: So move. Commissioner Regalado: Second. Vice Chairman Teele: Is there objection? All those in favor, signify by the sign of "aye." The Commission (Collectively): Aye. 2 May 8, 2003 Vice Chairman Teele: All those opposed have the same right. It should be noted there are a number of time certain items today including the stated items 15 and 16 which will begin as soon as Commissioner Winton arrives at 10 a.m., items at 3 p.m. and 4:30 p.m. 2. CONSENT AGENDA Vice Chairman Teele: On the consent agenda, the consent agenda is open for discussion. Are there any items that any member would like to have withdrawn or clarified? Commissioner Sanchez: Mr. Vice Chairman, there are two items that I would like to pull for discussion and that is CA -2 and also CA -18. Commissioner Gonzalez: I would also like to pull for discussion CA -3, CA -15, CA -16, and CA - 21. Vice Chairman Winton: Can we get all of them again? CA -2, CA (consent agenda) what were the others, Commissioner Sanchez? Commissioner Sanchez: CA -2 and CA -18. Vice Chairman Teele: CA -2 and CA -18? And the other items, Commissioners? Commissioner Gonzalez: I move the rest of the consent agenda. Vice Chairman Teele: OK, which ones did you take off? Commissioner Gonzalez: CA -3, CA -15, CA -16, and CA -21. Vice Chairman Teele: CA -3, CA -- Commissioner Gonzalez: 15, 16 and 21. Commissioner Sanchez: Also, there's a motion and a second. Joe Arriola (City Manager): I would also like to pull CA -27. Commissioner Sanchez: Give us -- OK. Vice Chairman Teele: Further discussion? Commissioner Regalado: These items, Mr. Chairman. Vice Chairman Teele: Yes. Commissioner Sanchez: Defer it or -- 3 May 8, 2003 Commissioner Regalado: Just a question Mr. Manager. Mr. Arriola: No, pull it. Commissioner Regalado: Are they going to bring this bill back in the special session? Vice Chairman Teele: Is this Item 27? Commissioner Regalado: Yes. Alejandro Vilarello (City Attorney): Mr. Chairman, that bill was adopted by the legislature. Commissioner Regalado: It was? Mr. Vilarello: It was. Commissioner Regalado: Has it been signed by the Governor? Mr. Vilarello: Not that I know of, but it's on its way to the Governor. Vice Chairman Teele: Alright, those items have been withdrawn and we have a motion and a second. Ma'am, did you have another item you'd like to have withdrawn or discussed. Adrienne Pardo: I just had a question. Are those items being withdrawn from approval today or just to be discussed at a later time? Commissioner Sanchez: Mr. Vice Chair, I believe that the only that has been requested to be withdrawn is Item CA -27. The rest are just for discussion I believe. Ms. Pardo: OK, thank you. Commissioner Gonzalez: Is that correct. Vice Chairman Teele: On the motion to approve the items that have been withdrawn from the packet but will be discussed and the one that has been withdrawn we have a motion and a second. Is there readiness? Is there public comment? All those in favor, signify by the sign of, LL " aye. The Commission (Collectively): Aye. Priscilla A. Thompson (City Clerk): Commissioner, I'm sorry, we don't have a second on that one. I have -- Vice Chairman Teele: The motion was made by Commissioner Sanchez. It was second by Commissioner Gonzalez. 4 May 8, 2003 Ms. Thompson: Thanks. Vice Chairman Teele: All those in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: Opposed. The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 03-412 A MOTION TO TABLE THE FOLLOWING ITEMS FROM TODAY'S AGENDA: • PROPOSED BID OF TLMC ENTERPRISES, INC. FOR "EDISON/LITTLE RIVER STREET AND SIDEWALK IMPROVEMENTS, B-4617," $381,248.87 FOR CONTRACT COSTS, PLUS $53,751.13 FOR EXPENSES INCURRED BY THE CITY, FOR TOTAL ESTIMATED AMOUNT NOT TO EXCEED $435,000; • PROPOSED BIDS OF (1) FLORIDA POLICE PRODUCT FOR DISPOSABLE RESTRAINTS, (2) CHIEF SUPPLY CORPORATION FOR FLEX CUFFS AND (3) LYNN PEAVY COMPANY FOR EVIDENCE TAPE, FOR DEPARTMENT OF POLICE; • PROPOSED CLASSIFICATION OF ONE 1994 KAWASAKI MOTORCYCLE, VEHICLE AS "CATEGORY A" SURPLUS STOCK; AUTHORIZING DONATION OF MOTORCYCLE TO BE EXHIBITED IN CITY OF MIAMI EMERGENCY/SAFETY GALLERY OF THE MIAMI CHILDREN'S MUSEUM; • PROPOSED FUNDING OF "DO THE RIGHT THING' PROGRAM, IN THE AMOUNT OF $105,000 FROM LAW ENFORCEMENT TRUST FUND; • PROPOSED REVOCABLE LICENSE AGREEMENT FOR MATER ACADEMY EAST CHARTER SCHOOL'S USE OF JOSE MARTI PARK; • PROPOSED RESCINDING OF RESOLUTION NO. 02-449 AND TERMINATING CONTRACT AWARDED TO METRO-DADE K-9 SERVICES, AND POLICE SERVICE DOGS, INC., PURSUANT TO SAID RESOLUTION, FOR PROVISION OF POLICE SERVICE DOGS AND SUPPLEMENTAL TRAINING. FURTHER WITHDRAWING FROM TODAY'S AGENDA: • PROPOSED RESOLUTION STRONGLY OPPOSING PROPOSED FLORIDA SENATE BILL 654, AND ITS COUNTER -PART, PROPOSED HOUSE PCB BR 03-06, FROM BEING ENACTED INTO LAW AS BOTH BILLS PROPOSE TO REMOVE LOCAL GOVERNMENTS' AUTHORITY TO ENFORCE EXISTING CABLE FRANCHISE AGREEMENTS WITH REGARD TO ALL BROADBAND OR INFORMATION SERVICES, AND, WILL ALLOW TELEPHONE COMPANIES TO IMPLEMENT UNCONSCIONABLE RATE INCREASES WITH VERY LIMITED GOVERNMENTAL OVERSIGHT. 5 May 8, 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 NOTE FOR THE RECORD: CODE SEC. 2-33 (J) STIPULATES THAT CONSENT AGENDA ITEMS THAT ARE REMOVED FROM THE AGENDA PRIOR TO CITY COMMISSION CONSIDERATION SHALL AUTOMATICALLY BE SCHEDULED AS A REGULAR AGENDA ITEM AT THE NEXT REGULARLY SCHEDULED MEETING OF THE CITY COMMISSION. Thereupon, on motion duly made by Commissioner Sanchez and seconded by Commissioner Gonzalez, the consent agenda items were passed by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton 2.1 ACCEPT BID OF SECURITY ENFORCEMENT PROTECTIVE AGENCY TO PROVIDE CITYWIDE SECURITY GUARD SERVICES FOR DEPARTMENT OF POLICE; ALLOCATE FUNDS FROM POLICE GENERAL OPERATING BUDGET. RESOLUTION NO. 03-413 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF SECURITY ENFORCEMENT PROTECTIVE AGENCY (HISPANIC/MIAMI-DADE COUNTY VENDOR, 13418 S.W. 128TH STREET, MIAMI, FLORIDA) TO PROVIDE CITYWIDE SECURITY GUARD SERVICES FOR THE DEPARTMENT OF POLICE, ON AN AS -NEEDED CONTRACT BASIS, FOR AN INITIAL ONE-YEAR PERIOD, WITH THE OPTION TO RENEW FOR THREE ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE POLICE GENERAL OPERATING BUDGET, SUBJECT TO BUDGETARY APPROVAL. 6 May 8, 2003 2.2 ACCEPT BIDS OF VARIOUS VENDORS, PURSUANT TO INVITATION FOR BIDS NO. 01-02-195, FOR PURCHASE OF WORK GLOVES AND LATEX GLOVES, FOR DEPARTMENT OF PURCHASING TO BE USED CITYWIDE BY VARIOUS USER DEPARTMENTS AND AGENCIES; ALLOCATE FUNDS FROM OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS AND AGENCIES' INDIVIDUAL DEPARTMENTAL ACCOUNTS. RESOLUTION NO. 03-414 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS OF VARIOUS VENDORS, PURSUANT TO INVITATION FOR BIDS NO. 01-02-195, FOR THE PURCHASE OF WORK GLOVES AND LATEX GLOVES, FOR THE DEPARTMENT OF PURCHASING TO BE USED CITYWIDE BY VARIOUS USER DEPARTMENTS AND AGENCIES ON AN ITEM -BY -ITEM, AS -NEEDED CONTRACT BASIS FOR THREE YEARS, WITH THE OPTION TO RENEW FOR ONE ADDITIONAL ONE-YEAR PERIOD; ALLOCATING FUNDS FROM THE OPERATING BUDGETS OF THE VARIOUS USER DEPARTMENTS AND AGENCIES' INDIVIDUAL DEPARTMENTAL ACCOUNTS, SUBJECT TO BUDGETARY APPROVAL. 2.3 ACCEPT BIDS OF TROPICAL EVERGREEN LANDSCAPING, AND PRIT, INC. D/B/A US LAWNS OF MIAMI, FOR PROVISION OF GROUNDS MAINTENANCE SERVICES TO BE UTILIZED BY VARIOUS USER DEPARTMENTS AND AGENCIES, $115,980; ALLOCATE FUNDS FROM OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS AND AGENCIES INDIVIDUAL DEPARTMENTAL ACCOUNTS. RESOLUTION NO. 03-415 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS OF TROPICAL EVERGREEN LANDSCAPING, (HISPANIC/MIAMI- DADE COUNTY VENDOR, 6111 N.W. 199TH STREET, HIALEAH, FLORIDA) AND PRIT, INC. D/B/A US LAWNS OF MIAMI, (BLACK/MIAMI-DADE COUNTY VENDOR, 741 W. 83RD STREET, HIALEAH, FLORIDA) FOR THE PROVISION OF GROUNDS MAINTENANCE SERVICES TO BE UTILIZED BY VARIOUS USER DEPARTMENTS AND AGENCIES, ON A CONTRACT BASIS FOR A TWO-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, AT AN ESTIMATED ANNUAL AMOUNT OF $115,980, SUBJECT TO INCREASES AS REQUIRED DUE TO THE ADDITION OF NEW FACILITIES; ALLOCATING FUNDS FROM THE OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS AND AGENCIES INDIVIDUAL DEPARTMENTAL ACCOUNTS, SUBJECT TO BUDGETARY APPROVAL. 7 May 8, 2003 2.4 ACCEPT BID OF AGILE COURTS CONSTRUCTION COMPANY FOR TRACK RENOVATION IMPROVEMENTS AT MOORE PARK, $80,000, AND CURTIS PARK, $90,000, TOTAL $170,000, UNDER EXISTING MIAMI-DADE COUNTY CONTRACT NO. 6941-2/04-1; ALLOCATE FUNDS FROM HOMELAND DEFENSE NEIGHBORHOOD IMPROVEMENT BOND FUNDS. RESOLUTION NO. 03-416 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF AGILE COURTS CONSTRUCTION COMPANY (NON- MINORITY/MIAMI-DADE COUNTY VENDOR, 7335 S.W. 104TH STREET) FOR TRACK RENOVATION IMPROVEMENTS AT THE FOLLOWING CITY PARKS: MOORE PARK, IN THE AMOUNT OF $80,000, AND CURTIS PARK, IN THE AMOUNT OF $90,000, IN A TOTAL AMOUNT NOT TO EXCEED $170,000, UNDER AN EXISTING MIAMI-DADE COUNTY CONTRACT NO. 6941-2/04-1 EFFECTIVE THROUGH FEBRUARY 28, 2004; ALLOCATING FUNDS FROM THE HOMELAND DEFENSE NEIGHBORHOOD IMPROVEMENT BOND FUNDS. 2.5 AUTHORIZE MANAGER'S ENGAGEMENT OF KIMLEY-HORN AND ASSOCIATES INC., FOR DESIGN DEVELOPMENT, PREPARATION OF BIDDING AND CONSTRUCTION DOCUMENTS, AND CONSTRUCTION ADMINISTRATION CONSULTING SERVICES FOR PROJECT ENTITLED "BRYAN PARK IMPROVEMENTS, B-3303" IN DISTRICT 4; ALLOCATE $70,000, FROM CAPITAL IMPROVEMENTS PROGRAM. RESOLUTION NO. 03-417 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER'S ENGAGEMENT OF KIMLEY-HORN AND ASSOCIATES INC., SELECTED FROM THE LIST OF PRE -APPROVED ARCHITECTURAL FIRMS, APPROVED BY RESOLUTION NO. 02-144, FOR DESIGN DEVELOPMENT, PREPARATION OF BIDDING AND CONSTRUCTION DOCUMENTS, AND CONSTRUCTION ADMINISTRATION CONSULTING SERVICES FOR THE PROJECT ENTITLED "BRYAN PARK IMPROVEMENTS, B-3303" IN DISTRICT 4, IN AN AMOUNT NOT TO EXCEED $70,000, BASED ON (1) THE SCOPE OF SERVICES REQUIRED FOR SAID PROJECT, AND (2) TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES INC. EXECUTED PURSUANT TO RESOLUTION NO. 02-144; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SAID PURPOSE; AND ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $70,000, FOR SERVICES AND EXPENSES INCURRED BY THE CITY, FROM CAPITAL IMPROVEMENTS PROGRAM PROJECT NO. 331419. 8 May 8, 2003 2.6 AUTHORIZE MANAGER'S ENGAGEMENT OF R.E. CHISHOLM ARCHITECTS, INC., FOR DESIGN DEVELOPMENT, PREPARATION OF BIDDING AND CONSTRUCTION DOCUMENTS, AND CONSTRUCTION ADMINISTRATION CONSULTING SERVICES FOR PROJECT ENTITLED "SHENANDOAH PARK IMPROVEMENTS, B-3304" IN DISTRICT 4; ALLOCATE $200,000 FROM CAPITAL IMPROVEMENTS PROGRAM. RESOLUTION NO. 03-418 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER'S ENGAGEMENT OF R.E. CHISHOLM ARCHITECTS, INC., SELECTED FROM THE LIST OF PRE -APPROVED ARCHITECTURAL FIRMS APPROVED BY RESOLUTION NO. 02-144, FOR DESIGN DEVELOPMENT, PREPARATION OF BIDDING AND CONSTRUCTION DOCUMENTS, AND CONSTRUCTION ADMINISTRATION CONSULTING SERVICES FOR THE PROJECT ENTITLED "SHENANDOAH PARK IMPROVEMENTS, B-3304" IN DISTRICT 4, IN AN AMOUNT NOT TO EXCEED $200,000, BASED ON (1) THE SCOPE OF SERVICES REQUIRED FOR THE PROJECT, AND (2) TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT WITH R.E. CHISHOLM ARCHITECTS, INC. EXECUTED PURSUANT TO RESOLUTION NO. 02-144; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; AND ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $200,000, FOR SERVICES AND EXPENSES INCURRED BY THE CITY FROM CAPITAL IMPROVEMENTS PROGRAM PROJECT NO. 331419. 9 May 8, 2003 2.7 AUTHORIZE MANAGER'S ENGAGEMENT OF GURRI MATUTE, P.A., FOR DESIGN DEVELOPMENT, PREPARATION OF BIDDING AND CONSTRUCTION DOCUMENTS, AND CONSTRUCTION ADMINISTRATION CONSULTING SERVICES FOR PROJECT ENTITLED "GIBSON PARK IMPROVEMENTS - PHASE I, B-3305" IN DISTRICT 5; ALLOCATE $200,000 FROM CAPITAL IMPROVEMENTS PROGRAM. RESOLUTION NO. 03-419 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER'S ENGAGEMENT OF GURRI MATUTE, P.A., SELECTED FROM THE LIST OF PRE -APPROVED ARCHITECTURAL FIRMS APPROVED BY RESOLUTION NO. 02-144, FOR DESIGN DEVELOPMENT, PREPARATION OF BIDDING AND CONSTRUCTION DOCUMENTS, AND CONSTRUCTION ADMINISTRATION CONSULTING SERVICES FOR THE PROJECT ENTITLED "GIBSON PARK IMPROVEMENTS - PHASE I, B-3305" IN DISTRICT 5, IN AN AMOUNT NOT TO EXCEED $200,000 BASED ON (1) THE SCOPE OF SERVICES REQUIRED FOR SAID PROJECT, AND (2) TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT WITH GURRI MATUTE, P.A. EXECUTED PURSUANT TO RESOLUTION NO. 02-144; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; AND ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $200,000, FOR SERVICES AND EXPENSES INCURRED BY THE CITY FROM CAPITAL IMPROVEMENTS PROGRAM PROJECT NO. 331341. 10 May 8, 2003 2.8 AUTHORIZE ACQUISITION OF DISASTER RECOVERY SERVICES FOR CITY'S CRITICAL INFORMATION TECHNOLOGY EQUIPMENT FROM SUNGARD RECOVERY SERVICES, FOR FIVE YEARS, UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 974-060-03-1, FOR DEPARTMENT OF INFORMATION TECHNOLOGY, $40,000, FOR DISASTER RECOVERY PLANNING AND $75,000 FOR DISASTER RECOVERY SERVICES; FUNDS ALLOCATED FROM VARIOUS DEPARTMENTS' OPERATING BUDGETS, FROM VARIOUS CIP ACCOUNTS, AND FROM INFORMATION TECHNOLOGY'S SPECIAL REVENUE FUNDS. RESOLUTION NO. 03-420 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ACQUISITION OF DISASTER RECOVERY SERVICES FOR THE CITY'S CRITICAL INFORMATION TECHNOLOGY EQUIPMENT FROM SUNGARD RECOVERY SERVICES, FOR A PERIOD OF FIVE (5) YEARS, UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 974-060-03-1, EFFECTIVE UNTIL OCTOBER 20, 2003, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA, FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY, AT AN ESTIMATED FIRST YEAR COST AMOUNT NOT TO EXCEED $40,000, FOR DISASTER RECOVERY PLANNING AND AN ESTIMATED FIRST YEAR COST OF $75,000 FOR DISASTER RECOVERY SERVICES, WITH REMAINING YEARS DISASTER RECOVERY SERVICES COSTS SUBJECT TO ADJUSTMENTS BASED UPON MODIFICATIONS TO THE CITY'S INFORMATION TECHNOLOGY HARDWARE AND/OR APPLICATIONS INFRASTRUCTURE; FUNDS ARE THEREFOR ALLOCATED FROM VARIOUS DEPARTMENTS' OPERATING BUDGETS, FROM VARIOUS CIP ACCOUNTS, AND FROM INFORMATION TECHNOLOGY'S SPECIAL REVENUE FUNDS, SUBJECT TO AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL. 11 May 8, 2003 2.9 APPROVE ACQUISITION OF INFORMATION TECHNOLOGY PROJECT MANAGEMENT SERVICES, SYSTEM INTEGRATION SERVICES, COMPUTER PROGRAMMING SERVICES, SYSTEMS ANALYSIS SERVICES, DATA BASE MANAGEMENT SERVICES, TECHNICAL SUPPORT SERVICES, AND OTHER TECHNICAL CONSULTING SERVICES FROM VARIOUS VENDORS, FOR DEPARTMENT OF INFORMATION TECHNOLOGY, AWARDED UNDER VARIOUS STATE OF FLORIDA CONTRACTS, $900,000; ALLOCATE FUNDS FROM GENERAL FUND, OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS, VARIOUS CAPITAL IMPROVEMENT PROGRAM ACCOUNTS, AND INFORMATION TECHNOLOGY STRATEGIC FUNDS. RESOLUTION NO. 03-421 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE ACQUISITION OF INFORMATION TECHNOLOGY PROJECT MANAGEMENT SERVICES, SYSTEM INTEGRATION SERVICES, COMPUTER PROGRAMMING SERVICES, SYSTEMS ANALYSIS SERVICES, DATA BASE MANAGEMENT SERVICES, TECHNICAL SUPPORT SERVICES, AND OTHER TECHNICAL CONSULTING SERVICES FROM VARIOUS VENDORS, FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY, AWARDED UNDER VARIOUS STATE OF FLORIDA CONTRACTS AS LISTED ON THE INFORMATION TECHNOLOGY STATE OF FLORIDA CONSULTING SERVICES LIST, ATTACHED AND INCORPORATED, SUBJECT TO THE SAME PRICES, TERMS, AND CONDITIONS OF THE RESPECTIVE CONTRACTS, ON AN AS -NEEDED CONTRACT BASIS, SUBJECT TO ANY EXTENSIONS BY THE STATE OF FLORIDA, AT AN ANNUAL AMOUNT NOT TO EXCEED $900,000; ALLOCATING FUNDS FROM GENERAL FUND ACCOUNT CODE NO. 001000.460101.6.670, THE OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS, VARIOUS CAPITAL IMPROVEMENT PROGRAM ACCOUNTS, AND INFORMATION TECHNOLOGY STRATEGIC FUNDS. 12 May 8, 2003 2.10 AUTHORIZE MANAGER TO EXECUTE LICENSE AGREEMENT FOR PROPRIETARY SOFTWARE PRODUCTS WITH B & L ASSOCIATES, INC. FOR CONTINUED RE -LICENSING, TRAINING, MAINTENANCE AND PRODUCT SUPPORT OF ITS PROPRIETARY SOFTWARE FOR DEPARTMENT OF INFORMATION TECHNOLOGY, $55,000. RESOLUTION NO. 03-422 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE THE LICENSE AGREEMENT FOR PROPRIETARY SOFTWARE PRODUCTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH B & L ASSOCIATES, INC. (NON- MINORITY/NON-LOCAL VENDOR, 56 KEARNEY ROAD, NEEDHAM, MASSACHUSETTS) FOR CONTINUED RE -LICENSING, TRAINING, MAINTENANCE AND PRODUCT SUPPORT OF ITS PROPRIETARY SOFTWARE FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY, ON A CONTRACT BASIS FOR A ONE-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, AT AN ANNUAL AMOUNT NOT TO EXCEED $55,000, WITH ANNUAL MAINTENANCE INCREASES NOT TO EXCEED FOUR PERCENT (4%) PER YEAR; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 001000.460101.6.670, SUBJECT TO BUDGETARY APPROVAL. 2.11 AUTHORIZE MANAGER TO EXECUTE PRODUCT MAINTENANCE SCHEDULE ADDENDUM TO MODIS SOFTWARE LICENSE AGREEMENT WITH MODIS SOLUTIONS FOR CONTINUED RE -LICENSING, TRAINING MAINTENANCE AND PRODUCT SUPPORT OF ITS PROPRIETARY SOFTWARE FOR DEPARTMENT OF INFORMATION TECHNOLOGY, $56,000. RESOLUTION NO. 03-423 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE THE PRODUCT MAINTENANCE SCHEDULE ADDENDUM TO THE MODIS SOFTWARE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH MODIS SOLUTIONS (NON-MINORITY/NON-LOCAL VENDOR, 1 INDEPENDENT DRIVE, JACKSONVILLE, FLORIDA) FOR CONTINUED RE -LICENSING, TRAINING MAINTENANCE AND PRODUCT SUPPORT OF ITS PROPRIETARY SOFTWARE FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY, 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 $56,000, WITH ANNUAL MAINTENANCE INCREASES NOT TO EXCEED FIVE PERCENT (5%) PER YEAR; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 001000.460101.6.670, SUBJECT TO BUDGETARY APPROVAL. 13 May 8, 2003 2.12 AUTHORIZE MANAGER TO EXECUTE AMENDMENT TO SOFTWARE SYSTEM LICENSE AGREEMENT WITH DECISION SUPPORT, INC. FOR CONTINUED RE- LICENSING TRAINING, MAINTENANCE, AND PRODUCT SUPPORT OF ITS PROPRIETARY SOFTWARE FOR DEPARTMENT OF INFORMATION TECHNOLOGY, $14,000; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROJECTS ACCOUNT. RESOLUTION NO. 03-424 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE SOFTWARE SYSTEM LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH DECISION SUPPORT, INC. (NON-MINORITY/NON-LOCAL VENDOR, 624 MATHEWS-MINT HILL ROAD, SUITE 100, MATHEWS, NORTH CAROLINA) FOR CONTINUED RE -LICENSING TRAINING, MAINTENANCE, AND PRODUCT SUPPORT OF ITS PROPRIETARY SOFTWARE FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY, 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 $14,000, WITH AUTHORIZATION FOR ANNUAL MAINTENANCE INCREASES NOT TO EXCEED FOUR PERCENT (4%) PER YEAR; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECTS ACCOUNT CODE NO. 001000.460101.6.670, SUBJECT TO BUDGETARY APPROVAL. 14 May 8, 2003 2.13 AUTHORIZE MANAGER TO EXECUTE REVOCABLE LICENSE AGREEMENT WITH COMMUNITY COMMITTEE FOR DEVELOPMENTAL HANDICAPS, INC. (CCDH), TO PROVIDE FOR CCDH' S USE OF 100 SQUARE FEET OF SPACE WITHIN SANDRA DELUCCA BUILDING LOCATED IN KINLOCH PARK AT 4560 NORTHWEST 4TH TERRACE. RESOLUTION NO. 03-425 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH COMMUNITY COMMITTEE FOR DEVELOPMENTAL HANDICAPS, INC. (CCDH), A NON-PROFIT CORPORATION, TO PROVIDE FOR CCDH' S USE OF APPROXIMATELY 100 SQUARE FEET OF SPACE WITHIN THE SANDRA DELUCCA BUILDING (THE `BUILDING"), LOCATED IN KINLOCH PARK AT 4560 NORTHWEST 4TH TERRACE, MIAMI, FLORIDA, FOR THE PURPOSE OF HELPING INDIVIDUALS AND THEIR FAMILIES WITH DEVELOPMENTAL DISABILITIES BY IDENTIFYING AND ACCESSING NEEDED SERVICES; SUBJECT TO CCDH PROVIDING THE CITY A WAIVER OF THE CITY'S NEXT ANNUAL DUES PAYMENT IN CONSIDERATION FOR ITS USE; AND WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 2.14 AUTHORIZE MANAGER TO EXECUTE AMENDMENT NO. 1 TO MANAGEMENT AGREEMENT BETWEEN CITY MI AND MIAMI DADE COMMUNITY COLLEGE TO AMEND SECTION 9.1 AND 9.2 OF AGREEMENT TO INCLUDE PROVISION FOR PROVIDER'S PERFORMANCE OF ALTERATIONS AND IMPROVEMENTS TO PROPERTY KNOWN AS TOWER THEATER. RESOLUTION NO. 03-426 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE MANAGEMENT AGREEMENT ("AGREEMENT") BETWEEN THE CITY OF MIAMI AND MIAMI-DADE COMMUNITY COLLEGE, DATED MAY 13, 2002, TO AMEND SECTIONS 9.1 AND 9.2 OF THE AGREEMENT TO INCLUDE A PROVISION FOR THE PROVIDER TO MAKE ALTERATIONS AND IMPROVEMENTS TO THE PROPERTY KNOWN AS THE "TOWER THEATER." 15 May 8, 2003 2.15 AMEND RESOLUTION NO. 02-865 AS AMENDED BY RESOLUTION NO. 02-1056 TO PROVIDE FOR CHANGE OF DESIGNATED DEVELOPER TO UNDERTAKE DEVELOPMENT OF TWO SINGLE-FAMILY, OWNER -OCCUPIED HOMES, AFFORDABLE TO VERY LOW, LOW AND MODERATE -INCOME FAMILIES AND INDIVIDUALS, ON CITY -OWNED REAL PROPERTY LOCATED AT 3658 FROW AVENUE AND 3648 OAK AVENUE, FROM COLLINS CENTER FOR PUBLIC POLICY, INC. TO COCONUT GROVE COLLABORATIVE, INC.; DELETE CONSTRUCTION REQUIREMENTS SET FORTH IN RESOLUTION NO. 02-865. RESOLUTION NO. 03-427 A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 02-865 AS AMENDED BY RESOLUTION NO. 02-1056 TO PROVIDE FOR A CHANGE OF THE DESIGNATED DEVELOPER TO UNDERTAKE THE DEVELOPMENT OF TWO SINGLE-FAMILY, OWNER - OCCUPIED HOMES, AFFORDABLE TO VERY LOW, LOW AND MODERATE -INCOME FAMILIES AND INDIVIDUALS ("IMPROVEMENTS"), ON CITY -OWNED REAL PROPERTY LOCATED AT 3658 FROW AVENUE AND 3648 OAK AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, FROM THE COLLINS CENTER FOR PUBLIC POLICY, INC. TO THE COCONUT GROVE COLLABORATIVE, INC. ("COLLABORATIVE"); FURTHER DELETING THE CONSTRUCTION REQUIREMENTS SET FORTH IN RESOLUTION NO. 02-865; SUBJECT TO THE COLLABORATIVE' S COMPLIANCE WITH THE FOLLOWING CONSTRUCTION REQUIREMENTS BEFORE THE DATE OF CONVEYANCE: (1) FURNISH TO THE CITY EVIDENCE THAT IT HAS THE FUNDS NECESSARY TO CONSTRUCT THE IMPROVEMENTS; (2) FURNISH EVIDENCE THAT IS HAS SECURED A BUYER FOR THE IMPROVED PROPERTY WHO SATISFIES THE APPLICABLE AFFORDABLE HOUSING INCOME TEST REQUIREMENTS; (3) SUBMIT A COPY OF THE CONSTRUCTION CONTRACT FOR THE CONSTRUCTION OF THE IMPROVEMENTS; AND (4) FURNISH EVIDENCE THAT IT IS READY TO COMMENCE CONSTRUCTION WITHIN SIX (6) MONTHS FROM THE DATE OF THE CLOSING AND TO COMPLETE CONSTRUCTION OF THE IMPROVEMENTS WITHIN TWENTY-FOUR (24) MONTHS AFTER THE COMMENCEMENT OF THE CONSTRUCTION. 16 May 8, 2003 2.16 RESCIND RESOLUTION NO. 02-1042 AND BID AWARDED TO CASA DE RADIADORES, INC. A/K/A THE HOUSE OF RADIATORS, INC., FOR ACQUISITION AND INSTALLATION OF AUTOMOTIVE RADIATOR RECORING AND REPAIR SERVICES. RESOLUTION NO. 03-428 A RESOLUTION OF THE MIAMI CITY COMMISSIONRESCINDING RESOLUTION NO. 02-1042 AND THE BID AWARDED TO CASA DE RADIADORES, INC. A/K/A THE HOUSE OF RADIATORS, INC., (HISPANIC/LOCAL VENDOR, 725 FLAGLER STREET, MIAMI, FLORIDA) PURSUANT TO SAID RESOLUTION, FOR THE ACQUISITION AND INSTALLATION OF AUTOMOTIVE RADIATOR RECORING AND REPAIR SERVICES. 2.17 AUTHORIZE MANAGER TO EXECUTE ADDENDUM TO MEMORANDUM OF AGREEMENT WITH STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, TO PROVIDE IMPROVEMENTS TO JOSE MARTI PARK. RESOLUTION NO. 03-429 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADDENDUM TO THE MEMORANDUM OF AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, TO PROVIDE IMPROVEMENTS TO JOSE MARTI PARK, SUBJECT TO ALL OTHER TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT. 2.18 AUTHORIZE DIRECTOR OF FINANCE TO PAY ARNIKA PEREZ $50,000, IN COMPLETE SETTLEMENT OF ALL CLAIMS AGAINST CITY, FOR CASE OF ARNIKA PEREZ VS. CITY, ET AL., ALLOCATE FUNDS FROM SELF-INSURANCE AND INSURANCE TRUST FUND. RESOLUTION NO. 03- 430 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ARNIKA PEREZ THE SUM OF $50,000, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, FOR THE CASE OF ARNIKA PEREZ VS. CITY OF MIAMI, ET AL., IN THE CIRCUIT COURT OF MIAMI-DADE COUNTY, FLORIDA, CASE NO. 00-02587 CA (13), UPON EXECUTING A RELEASE FOR THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS, ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515 001.624401.6.6 51. 17 May 8, 2003 2.19 AUTHORIZE DIRECTOR OF FINANCE TO PAY YOLANDA PERSON, $30,000, IN COMPLETE SETTLEMENT OF ALL CLAIMS AGAINST CITY, FOR CASE OF YOLANDA PERSON VS. CITY, ET AL., ALLOCATE FUNDS FROM SELF-INSURANCE AND INSURANCE TRUST FUND. RESOLUTION NO. 03-431 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY YOLANDA PERSON, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $30,000, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, FOR THE CASE OF YOLANDA PERSON VS. CITY OF MIAMI, ET AL., IN THE CIRCUIT COURT OF MIAMI-DADE COUNTY, FLORIDA, CASE NO. 02-24620 CA (03), UPON EXECUTING A RELEASE FOR THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS, ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.651. 2.20 AUTHORIZE DIRECTOR OF FINANCE TO PAY MARTHA WILSON, $38,500, IN COMPLETE SETTLEMENT OF ALL CLAIMS AGAINST CITY, FOR CASE OF MARTHA WILSON VS. CITY, ET AL.; ALLOCATE FUNDS FROM SELF-INSURANCE AND INSURANCE TRUST FUND. RESOLUTION NO. 03-432 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY MARTHA WILSON, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $38,500, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, FOR THE CASE OF MARTHA WILSON VS. CITY OF MIAMI, ET AL., IN THE CIRCUIT COURT OF MIAMI-DADE COUNTY, FLORIDA, CASE NO. 02-19891 CA 22, UPON EXECUTING A RELEASE FOR THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS, ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.651. 18 May 8, 2003 2.21 AUTHORIZE MANAGER TO EXECUTE AMENDMENT NO. 1 TO INTERLOCAL COOPERATION AGREEMENT BETWEEN CITY, SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, AND OMNI COMMUNITY REDEVELOPMENT AGENCY FOR GENERAL FUND SUPPORT, $379,900, EFFECTIVE OCTOBER 1, 2002, FOR FISCAL YEAR 2002-2003, AND FOR EACH FISCAL YEAR THEREAFTER, PROVIDED BY CITY TO MIAMI COMMUNITY REDEVELOPMENT AGENCY; ALLOCATE FUNDS FROM CITY'S GENERAL FUND. RESOLUTION NO. 03-433 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE INTERLOCAL COOPERATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY"), THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW"), AND THE OMNI COMMUNITY REDEVELOPMENT AGENCY ("OMNI") FOR GENERAL FUND SUPPORT, IN AN AMOUNT NOT TO EXCEED $379,900, EFFECTIVE OCTOBER 1, 2002, FOR FISCAL YEAR 2002-2003, AND FOR EACH FISCAL YEAR THEREAFTER, PROVIDED BY THE CITY TO THE MIAMI COMMUNITY REDEVELOPMENT AGENCY; ALLOCATING FUNDS FROM THE CITY'S GENERAL FUND. 2.22 ACCEPT REPORT FROM CIVIL SERVICE BOARD. MOTION NO. 03-434 A MOTION ACCEPTING A REPORT FROM THE CIVIL SERVICE BOARD. Vice Chairman Teele: Alright, starting at the top, Item CA. Commissioner Sanchez: CA -2, thank you Mr. Vice Chairman. I know that TLMC is the lowest bidder on this, but this is the same group that apparently low bidded the parking lots over at the CRA (Community Redevelopment Authority) leaving out the lighting and fencing and et cetera, and then it came back and more than doubled the amount via change of orders. I ask for this item to be discussed because I really have a hard time supporting it. I think if we are going to be doing business in the City of Miami and we have a company I believe did something that was very questionable and brought to light I think that we need to be very careful to ensure that one, if he was, this company was the lowest bidder, and I have nothing against this company, but I want to make sure that this is not going to happen again, that it's going to come back and maybe increase again because that was something that got most of us you know, got us by surprise and I just want to put that on the record. Vice Chairman Teele: Mr. Attorney, would you mind explaining at least to the understanding that I have which is that there were two significant factors on the underlined substance. One was, the fact that this was done in accordance with Federal and State procedures to allow 19 May 8, 2003 minorities and that the bid was a bid that was sequenced as I understand it to allow for bonding or lack of bonding number one and number two that there was a material change after the bid was open and that Davis Bacon compliance and that the bid was extended and it was not what the Commission had stated on the record. I mean, I have some serious objections with TLMC but I will say this. I'm not interested in paying out a lot of fees for arbitrariness or capricious or for that matter just targeting a minority firm which has another implication. If there is -- if a company has failed to adhere to state bid procedures or local procedures, there's a way to move to bar them and if they haven't been barred, you cannot get to pick and choose because you don't like something somebody did or you don't like the race or the company or the size of the company or whatever the pretext is. The simple fact of the matter is in America, if a company is eligible to bid, a governmental body does not have the right to throw them out. I have a deep concern about some ongoing issues relating to the home construction repair program relating to Community Development that go to the essence of the quality of the work of the company and I would want to have safeguards about the quality of the work, but again, Mr. Attorney, I just don't think you know, we can keep letting fundamental rights be trampled even by Commissioners. Alejandro Vilarello (City Attorney): Mr. Chairman if I may, with regard to this bid, the matter was initially reviewed both from the agenda because this Commission had expressed some concern some time again about TLMC's participation in the single-family rehab program and the work that they did for individuals who would benefit -- benefiting from that program. However, there is no conclusion to that review and the status of the law in this state is and let even with some things that are in litigation with the City, unless the City has debarred through its administrative process a bidder, it cannot go out, and I should say just refuse to do business with that company. If the City feels that its contractual relationship with this entity has been to such a nature that it doesn't want to do business with it again, it has to proceed with the debarment proceedings and as I understand it, it has not in this case and therefore the bid is appropriately before you to either accept the bid as the low bid on the contract or reject all bids. Vice Chairman Teele: We can't reject all bids because we pulled this out at my request to look at the issue, the underlying material issue relating to that, but we approved the others, Mr. Attorney. Mr. Vilarello: This is a consent agenda Item that was withdrawn from the agenda. It's properly before you now. It's either accept the recommendation of the Manager, or to reject all bids and direct the Manager to proceed with additional -- with a change of course of action. Vice Chairman Teele: Commissioner Sanchez, you're the one that -- Commissioner Sanchez: I just, you know, continue to have concerns of the process. One, the specs were changed. It was changed through work orders and it was a very controversial issue and I'm just saying that you know, the company itself, which I have nothing against it, I just want to make sure that it's not going to happen again, that they're not going to come back and -- Vice Chairman Teele: Do you have a problem complying with state law? 20 May 8, 2003 Commissioner Sanchez: As long as they comply with state law, I'm not -- Vice Chairman Teele: No, the question is not them, the question is us. If you want, and have a rational basis, to prevent a company from bidding in America, in Florida -- Commissioner Sanchez: Commissioner Teele -- Vice Chairman Teele: -- then, there's a way to do that, but otherwise you've heard from the Attorney, and all I'm asking is do you want to comply with state law? Commissioner Sanchez: We are complying with state law. All that I'm saying is that the company itself when they performed work over for the CRA and the bidding, the parking lot bidding, it was a controversy as it was a change of orders. I'm not questioning the process. I'm just questioning it was a controversial issue and I just want assurance that once again you know, those same matters or those same things don't come back in front of this Commission. Vice Chairman Teele: Mr. Manager, could you give my colleagues those assurances that you will monitor the contract and make sure that -- the issue, by the way, was Davis Bacon and size as it related to the bonding issue there, but can you all give the Commissioner the assurance that you will monitor the contract? Glenn Marcos: I would like to answer that question. My name is Glenn Marcos, Purchasing Director. Within the actual procurement process we did build in some safeguards on behalf of the City which includes a bid bond and then along with the actual bid bond once the actual contractor is rewarded this particular bid, we'll be asking for a performance bond. Vice Chairman Teele: Does that satisfy you, Commissioner? Commissioner Sanchez: Satisfies me. Vice Chairman Teele: You moved it off the agenda. Would you move it back on please? Commissioner Sanchez: So move. Vice Chairman Teele: Is there a second? Commissioner Gonzalez: Second. Vice Chairman Teele: Is there objection? All those in favor say, "aye." The Commission (Collectively): Aye. 21 May 8, 2003 The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-435 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF TLMC ENTERPRISES, INC. FOR THE PROJECT ENTITLED "EDISON/LITTLE RIVER STREET AND SIDEWALK IMPROVEMENTS, 13- 4617," IN A PROPOSED AMOUNT NOT TO EXCEED $381,248.87 FOR CONTRACT COSTS, PLUS $53,751.13 FOR EXPENSES INCURRED BY THE CITY, FOR A TOTAL ESTIMATED AMOUNT NOT TO EXCEED $435,000; ALLOCATING FUNDS, IN THE AMOUNT OF $400,000, FROM CAPITAL IMPROVEMENT PROJECT ("CIP") NO. 341323, AND THE AMOUNT OF $35,000 FROM CIP PROJECT NO. 341183; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PROJECT. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Vice Chairman Teele: Item number 3. Commissioner Gonzalez: Item number 3. This item includes three different sections one is an amount of $20,790 to buy disposable restraining, which I best describe them as tie rods. If you go to Home Depot you can buy 500 tie rod of or flex cuffs whatever you want to name it for about 495. If we're going to be spending $20,000 as a matter of fact, we are talking about not exceeding $34,009.50 on flexible cuffs and I do have a real concern with this because that has been a big discussion about the amount of arrest that is being made in the City of Miami and for what I've known, arrest are down considerably and I believe that is was said at a staff meeting at the police department that arrests are down 30 percent in the City of Miami. If arrest are down, and crime is going crazy, I would like to know if they are planning to buy these flexible cuffs because they're going to start doing arrest, if not, I don't see the necessity for spending $34,000 on this flex cuffs. In addition to that, I'm really concerned to the fact that the police department has a few items in this agenda. Nobody has had the decency to come and discuss with my office these items, and if the department feels that they have a carte blanche to come here in front of this Commission and get everything approved without consulting with Commissioners because even though it has been said that the department doesn't respond to the Commission, they only respond to the Mayor of the City of Miami well, now this is the time to prove that the department 22 May 8, 2003 responds to us because we are the one that have the responsibility to approve the monies that are going to be spent in the department, so I'm going to begin by asking to defer this item. I don't know if the department has met with any of my colleagues -- Vice Chairman Teele: Is there a motion? Commissioner Gonzalez: That's my motion. Vice Chairman Teele: Is there a second? Commissioner Regalado: I'll second for dis -- Commissioner Sanchez: Motion second. Vice Chairman Teele: Is there objection? All those in favor say, "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All those opposed have the same right. The following motion was introduced by Commissioner Gonzalez, who moved for its adoption: MOTION NO. 03 -43 6 A MOTION TO DEFER CONSIDERATION OF PROPOSED BIDS OF (1) FLORIDA POLICE PRODUCT FOR PROVISION OF DISPOSABLE RESTRAINTS, (2) CHIEF SUPPLY CORPORATION FOR PROVISION OF FLEX CUFFS AND (3) LYNN PEAVY COMPANY FOR PROVISION OF EVIDENCE TAPE, FOR DEPARTMENT OF POLICE. 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: Item number 3 is deferred indefinitely -- until the next meeting. Is there any other Item you want to defer and get more information on this agenda? Commissioner Gonzalez: On this agenda? 15 is a donation of -- 23 May 8, 2003 Vice Chairman Teele: You're talking about the regular agenda? Commissioner Gonzalez: No, on the regular agenda we haven't gotten to that yet. I'm talking about the consent agenda. There are some items on the regular agenda -- Vice Chairman Teele: No, no, no. I'm trying to give the police a heads up of the items that you have concerns about so they can come brief you. It doesn't make sense to just -- Commissioner Gonzalez: Well, we have some items on the regular agenda that I would like to discuss whenever the items come to discussion. Vice Chairman Teele: Why don't you give them a courtesy of a heads up --? Commissioner Gonzalez: Well, because I you know, I haven't had a chance to mark them down yet. I notice they had a whole bunch of items on the consent agenda we're supposedly it's an automatic type of thing but it's not anymore. Vice Chairman Teele: Alright, it'll come up when you choose to bring them up, sir. Commissioner Gonzalez: Pardon me? Vice Chairman Teele: I said, they will come up when you choose to bring them up. Commissioner Gonzalez: Yes, sir. Vice Chairman Teele: Item CA -15. Commissioner Gonzalez: Item CA -15, I would like to defer that item too, so I can discuss it if someone had the decency to come over in my office and give me the proper respect as an elected official of the City of Miami -- Vice Chairman Teele: I fully agree about information and respect but let me just ask you this, they're going to donate a old used motorcycle to the Miami Children's Museum and they valued it at $3900 and you don't want to do that until you have -- Commissioner Gonzalez: Not at this meeting. Vice Chairman Teele: OK, sir. Commissioner Gonzalez: I may approve it later on. Adrienne Pardo: Mr. Chairman, is there going to be discussion on that? Vice Chairman Teele: Not today. 24 May 8, 2003 Commissioner Gonzalez: Not today. Ms. Pardo: Can I just explain why it's important that I could just address it today? Vice Chairman Teele: If the Commissioner would like, yes. Commissioner Gonzalez: You can go ahead and explain. Ms. Pardo: Hi, my name is Adrienne Pardo with law offices at 1221 Brickell Avenue. I'm also one of the vice presidents on the board for the Children's Museum. Vice Chairman Teele: You're here pro bono? Ms. Pardo: I am here pro bono yes, and I would request that you please take up this Item today. The importance of it is that this motorcycle needs to be retrofitted so that it can be safe for the museum for the children so that they can interact and you know, be able to climb on it and the museums intended to open September 7th. The request was originally made back in February and have gone through the channels and it's now May and they really need to be able to obtain this motorcycle so that we can send it to the fabricators so that they can put different safety devices on it so that the children can you know, be able to climb on top of the motorcycle, so I apologize that you know, nobody had spoken with you about it. I was here on another item and I told the Children's Museum that I would monitor this item for them just in case and therefore, for that reason that we really need to get it fabricated, I would request that you please take this item up today and that you approve it. Commissioner Gonzalez: OK, I will reconsider my motion to defer this particular item, so I move to approve. Vice Chairman Teele: Reconsider. Commissioner Sanchez: Second. Vice Chairman Teele: All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All opposed? 25 May 8, 2003 The following motion was introduced by Commissioner Gonzalez, who moved for its adoption: MOTION NO. 03-437 A MOTION TO RECONSIDER PREVIOUS VOTE TO TABLE PROPOSED RESOLUTION TO CLASSIFY ONE 1994 KAWASAKI MOTORCYCLE, VEHICLE IDENTIFICATION NUMBER (VIN) JKAKZCP28RB511927, AS "CATEGORY A" SURPLUS STOCK AND TO AUTHORIZE THE DONATION OF THE MOTORCYCLE VALUED AT $3,930, TO BE EXHIBITED IN THE CITY OF MIAMI EMERGENCY/SAFETY GALLERY OF THE MIAMI CHILDREN'S MUSEUM. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Vice Chairman Teele: Motion on Item CA -15 is made by Commissioner Gonzalez to approve CA -15. Commissioner Regalado: Second. Vice Chairman Teele: Second by Commissioner Regalado. Is there objection? All in favor, say aye. 11 The Commission (Collectively): Aye. Vice Chairman Teele: All opposed? 26 May 8, 2003 The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-437.1 A RESOLUTION OF THE MIAMI CITY COMMISSION CLASSIFYING ONE (1) 1994 KAWASAKI MOTORCYCLE VEHICLE IDENTIFICATION NUMBER (VIN) JKAKZCP28RB511927, AS "CATEGORY A" SURPLUS STOCK; AUTHORIZING THE DONATION OF THE MOTORCYCLE VALUED AT $3,930, TO BE EXHIBITED IN THE CITY OF MIAMI EMERGENCY/SAFETY GALLERY OF THE MIAMI CHILDREN'S MUSEUM, CONTINGENT UPON THE EXECUTION OF THE APPROPRIATE RELEASE DOCUMENTS. Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Vice Chairman Teele: You want to start go representing the police department? They probably got a contract they'd like you to -- sign you up outside. Commissioner Sanchez: I don't think she wants to push her luck. Vice Chairman Teele: Alright, thank you, Commissioner Gonzalez. Item CA -16. Commissioner Gonzalez: Mr. Chairman, on Item CA -16 I do have the same problem. I have not been able to discuss -- Vice Chairman Teele: Motion to defer. Commissioner Gonzalez: -- this item. I want to defer this item. Commissioner Regalado: Mr. Chairman. Vice Chairman Teele: Is there a motion, is there a second? Commissioner Regalado: I'll second it. Can I say something? When this is brought back, I hope that we have the information to understand why the Miami Police Department is using law 27 May 8, 2003 enforcement trust fund to fund their program Do The Right Thing and yet you have cancelled all the funding to all the juveniles and social services groups in the City of Miami funded by the law enforcement trust fund in the amount of more than $1,000,000 precisely in the year that this City has been cut by the Federal Government to fund social services. To me, that is an attempt to hurt more the people of the City of Miami and I wish that it will be able to explain that. Well, you can explain it whatever you want, the way you want it, but I think it's an attack on the poor people of the City of Miami. Most of these groups depend on law enforcement trust fund to do their summer programs. Like for instance, we won't be able to bring kids from the inner City to the sailing program in Kennedy Park. These people cannot pay $80 a week and because of the law enforcement trust fund we in the past years, we have been bringing the kids to the program, and I guess we're going to have to tell them that this year there will be no sailing for poor kids in the City of Miami. Note for the Record: Chairman Winton entered the Chambers at 9:58 a.m. Vice Chairman Teele: Alright we have Item CA -16 -- Commissioner Gonzalez: In addition to that, Commissioner, Chairman Teele, I also have a serious concern on CA -16 because I want to know how much participation African American kids are having in this program and Hispanic kids are having in this program, Do The Right Thing, and I don't want words to explain me who's participating and who is not and how much participation African Americans and Hispanics are having in this program. I want proofs that can convince me that this -- that every segment of this community is receiving the appropriate amount of support and assistance throughout this program, so meanwhile I'm asking that respectfully, that this item also be deferred. Vice Chairman Teele: Alright, we have a motion on Item number CA -16, that is your motion to defer it -- Commissioner Regalado: Second. Vice Chairman Teele: -- to defer it. It's been moved and second. Is there objection? All in favor say, "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All opposed? The following motion was introduced by Commissioner Gonzalez, who moved for its adoption: MOTION NO. 03 -43 8 A MOTION TO DEFER CONSIDERATION OF PROPOSED FUNDING OF "DO THE RIGHT THING' PROGRAM, IN THE AMOUNT OF $105,000; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NUMBER 690001. 28 May 8, 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: In Item CA -21, you have the same issue relating to the metro adults. Did you want to -- Commissioner Gonzalez: CA -21, I have yeah, I have a different issues. I have known for a fact that in many instances the Police Department, our men and women fighting crime out on the streets, not sitting in desks under the air conditioning and in the main headquarters, have need the assistance of canine units 9 p.m. at night at 8 o'clock at night to do a search of drugs and search and also pursue criminals that have committed assault, arm robberies, assaults and we haven't had a canine unit available. We have to go, had to go to Miami Beach and metro Dade County to provide the City of Miami canine dogs to do this work, so in canceling contracts with a company that is providing service of canine and training of canine at this time to me personally is inconceivable and I'm also would like to defer this item until I can talk to the City Manager and see what we do in this respect. Major Joseph Longuiera: Commissioner -- Commissioner Gonzalez: So, respectfully request to defer Item 21. Vice Chairman Teele: Is there objection to the deferral? Commissioner Regalado: I'll second. Vice Chairman Teele: It's been moved and second. Is there objection to the deferral? Major, do you haven an objection to the deferral? Major Longuiera: Yes, sir, I do Commissioner. The reason -- Vice Chairman Teele: Your name for the record. Major Longuiera: Major Joseph Longuiera, Miami Police. The reason this Item is there is the vendor has not been able to perform. We can't get dogs. We want to cancel their contract and rebid so we can. 29 May 8, 2003 Vice Chairman Teele: Major, major if the vendor can't perform, don't send him anymore work and work this thing out with -- Major Longuiera: But I have to be able to rebid. That's why we want to cancel the current bid. Vice Chairman Teele: But I'm telling you, work it out with the Commissioner. Let's don't get into that back and forth because all we're going to do is make obviously a situation that is not very smooth right now a little bit worse by getting into a debate with him about it. Can't you all just sit down, and that's what I was saying. Can't you all sit down with Commissioner Gonzalez? Major Longuiera: We'll sit with the Commissioner. Vice Chairman Teele: Give his office the courtesy that he's entitled to and go through each one of these things and explain it. Major Longuiera: Absolutely. Commissioner Regalado: Is this the case that was investigated by the Miami Dade Ethics Commission? Yes or no? Commissioner Sanchez: No. Major Longuiera: No. Mr. Arriola: No. Commissioner Regalado: This is not the case where the former City Manager was -- Glenn Marcos: Well, yes, it does involve -- Commissioner Regalado: Yes or no? Major Longuiera: It does involve police service dogs which was part of the investigation. Commissioner Regalado: OK. It was yes, then. Mr. Marcos: Yes, Commissioner, by the way -- Vice Chairman Teele: How did you get three people to say no then he asked another put one name on it then all of a sudden -- Commissioner Regalado: Make up your mind. Yes is yes, no is no. Vice Chairman Teele: On the motion to defer, all those in favor say, "aye." 30 May 8, 2003 The Commission (Collectively): Aye. Vice Chairman Teele: All those opposed? The following motion was introduced by Commissioner Gonzalez, who moved for its adoption: MOTION NO. 03 -43 9 A MOTION TO DEFER CONSIDERATION OF RESCINDING RESOLUTION NO. 02-449 AND TERMINATING THE CONTRACT AWARDED TO METRO-DADE K-9 SERVICES, AND POLICE SERVICE DOGS, INC., PURSUANT TO SAID RESOLUTION, FOR PROVISION OF POLICE SERVICE DOGS AND SUPPLEMENTAL TRAINING. 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: Ladies and gentlemen, we got a long agenda, we go a lot people that are here right now for an item at 10 o'clock, and I'm only trying to move the agenda and not get into a heated debate early in the morning. Major Longuiera: Commissioner, if could just impose on you for one second. Vice Chairman Teele: It's no imposition at all, at your own risk. Major Longuiera: Yes, sir. Just for the public safety and concern I have to go on the record and clarify. Crime in the City is not up. Crime in the City by all indications is down by five percent. I disagree -- Vice Chairman Teele: OK. Major Longuiera: And we will meet with him on this issue -- Vice Chairman Teele: Don't say you disagree with you Commissioner just say I want to -- Commissioner Gonzalez: Mr. Chairman. 31 May 8, 2003 Vice Chairman Teele: -- give another perspective. Commissioner Gonzalez: Mr. Chairman. Just to clear the record, OK, because we had a long debate yesterday -- Commissioner Regalado: Why don't you go to the radio, like yesterday. Commissioner Gonzalez: Let me tell you -- Vice Chairman Teele: I don't know what's going on. Commissioner Gonzalez: -- On April 28, 2003, I discussed a crime situation in the Allapattah area. At this meeting with Major McQueen (phonetic), and with Commander Fernandez of the Allapattah NET office, OK, at this time, I was informed by Mayor McQueen (phonetic) and I have witness to this because I had the meeting. You know, I so careful with this police -- with some people in the Police Department that every time I meet with the high echelon of the Police Department I make sure that I have witnesses OK, so I had witnesses at this meeting, and contrary to what you just said, contrary to what you just said, Major McQueen (McQueen) response to us was, "Yes, Commissioner, I'm sorry to inform you that crime is up not only in Allapattah, but in the entire City of Miami, and as a matter of fact, in Dade County." Vice Chairman Teele: OK, listen -- Commissioner Gonzalez: Let me finish and at that time I told him I said Major -- Vice Chairman Teele: Angel, I don't won't -- I'm not cutting you off at all -- what I would like to do is put this in a context where it can be discussed. Why don't we agree with Commissioner Winton's approval that at 3 o'clock, when we come back, we'll have a discussion on this? We've got people who that are not here -- Commissioner Gonzalez: I'm just going to be finished in two seconds. I just wanted the conclusion of the conversation with Major McQueen and the NET Commander in my District. Vice Chairman Teele: But don't you think -- Commissioner Gonzalez: When Major McQueen told me crime is -- Vice Chairman Teele: -- the NET Commander and Major McQueen and the Chief ought to all be here if we want to resolve this thing? All we're going to get is a bunch of other people coming in saying something -- Commissioner Gonzalez: No, no, but the problem is that this has to be in the record now because yesterday I was portrayed on a radio -- on a Hispanic radio station as being a liar by our own Police Department I was portrayed as being lying -- 32 May 8, 2003 Vice Chairman Teele: Commissioner Winton asked, I said something is going on. This is all over my head, but I guarantee you somebody said something on the radio. Commissioner Gonzalez: -- and I'm not going to take that, OK. Vice Chairman Teele: I don't blame you. Commissioner Gonzalez: So, when Major McQueen told me that the crime was not only up in the City of Miami but it was in the entire county, I told him I said, Major, with all due respect, do you think that's the answer that I should give my community? If your daughter got raped, don't worry you know, it's normal. They rape seven girls in the county, o your girl -- Vice Chairman Teele: Commissioner Gonzalez, I feel -- Commissioner Gonzalez: -- is one more. Vice Chairman Teele: Commissioner Gonzalez, respectfully, I still would urge that we set aside 10 minutes at 3 o'clock, get the Chief, get the Major, get the NET and hopefully you all will meet at 2:45 before the meeting hopefully, but whatever -- so that at least everybody can be here and we don't leave this record pregnant and up in the air and he said, she said, and at least allow the Chief and the Deputy Chief the courtesy of bringing in and putting some finality to it because we're not serving the Commission or the public well by not having a full rounded discussion in my opinion and Commissioner, Chairman, if you don't agree -- Chairman Winton: No, I agree. I would add one piece to that. I don't care who the people are that come because the people that come are irrelevant in mind. I want the data. The data speaks for itself. We can answer this question once and for all, we can look in depth at the data take the time that we need to look at the data and I'm going to suspect that when this is all said and done, there's a little bit of right and a little bit of wrong all over the place here, and you know, we kind misunderstood and there's some crime up and there's some crime down is what I'm going to suspect and that's what we ought to get on the -- get it out here and let's cool this all off and we all have a lot of work to do and we're going to work together and we're going to have fun the rest of the day. Vice Chairman Teele: Mr. Chairman, the time is now 10:07, 10:08, we have an item for 10 o'clock, it's going to take the rest of the morning I would proffer. We have a lot of people in the public that are here. With your permission, I would like to take up a plat item, Commission Item number 9 which is a simple plat approving a plat. We got a bunch of high priced lawyers that are trying to get out of town and -- Commissioner Gonzalez: So, Mr. Chairman, from my personal information, CA -21 has been deferred, right? Vice Chairman Teele: CA -21 we did have a motion and a second and I do think we called the vote. 33 May 8, 2003 Commissioner Sanchez: Mr. Vice Chairman, if I may -- Vice Chairman Teele: Yes. Commissioner Sanchez: CA -18 will be very, very brief. Vice Chairman Teele: CA -18 first, the plat and then the public hearing. Commissioner Sanchez: Thank you. Vice Chairman Teele: And the Chairman will take the public hearing. CA -18, motion. Commissioner Sanchez: CA -18 is basically what I'm asking is the administration to bring it back. We'll defer this item, have them sit down with Centro Mater and adopt, work out an agreement with them and lieu of the $1,800 which is times 12 a year, it's $11,600 if my math is correct, to have them adopt a computer program center at the newly constructed Jose Marti Community Center and that way not only do we get participation from the students involved in the park, but also we can get the surrounding community to also participate in that (UNINTELLIGIBLE) so, I think it's an even swap. Instead of us taking the money from them they're willing to adopt the center, provide the computers and the technical advice and stuff. Vice Chairman Teele: Commissioner, I think anyone that hears what you're saying with the exception of Asset Management is going to understand and agree 100 percent and the problem we have, Mr. Manager, just so that you know, is that what we need in the Parks Department are services. We don't need dollars to come back in which goes into the general fund, which never gets back to the Parks Department, and I recognize that Asset Management has this charge of getting as much dollars, but we need services as much as we need dollars and especially when those dollars don't go to the Parks Department. They go into the general government and they never go back, so the motion is to defer the item and to request that the Manager look at getting them to take an even evaluation and provide services as a computer outline and Commissioner Winton, do you have an objection to this? Do you agree with this approach? Chairman Winton: Absolutely, in fact, I have no objection whatsoever. I agree. Mr. Arriola: Commissioner Teele, right now we're working with the school system not only for this park but for every park to have that kind of swap partnership where they will bring programs into our parks in lieu of having to pay us for the use of the park and we have this issue -- Vice Chairman Teele: That's a great idea Mr. Manager, great idea. Chairman Winton: Win, win. Mr. Arriola: -- I think maybe by next Commission meeting or the following we'll have it. Obviously, it's in the hands of the public school system. It takes a little longer to get it through there, but we'll get it through. 34 May 8, 2003 Vice Chairman Teele: And charter schools are -- motion by Commissioner Sanchez to defer the Item -- 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. 03-440 A MOTION TO DEFER CONSIDERATION OF REVOCABLE LICENSE AGREEMENT BETWEEN CITY OF MIAMI AND MATER ACADEMY, INC., A NOT-FOR-PROFIT ORGANIZATION, ON BEHALF OF MATER ACADEMY EAST CHARTER SCHOOL, REVOCABLE AT -WILL, FOR USE OF THE OPEN RECREATIONAL AREAS AT JOSE MARTI PARK LOCATED AT 353 SOUTHWEST 4TH STREET, MIAMI, FLORIDA, TO CONDUCT ITS PHYSICAL EDUCATION PROGRAMS, FOR THE PERIOD OF AUGUST 26, 2002 THROUGH JUNE 30, 2003, WITH A MONTHLY FEE IN THE AMOUNT OF $1,774.50, AND SUBJECT TO ALL OTHER TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT. 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. 3. ACCEPT PLAT ENTITLED "62ND PLAZA". Vice Chairman Teele: Commissioner Gonzalez, would you move Item CA -9 which is in the -- Chairman Winton: 9 and 8. Vice Chairman Teele: I mean, I'm sorry, regular agenda Item number 9 which is a plat to close the road -- 35 May 8, 2003 Commissioner Gonzalez: So move, Mr. Chairman. Move Item 9. Chairman Winton: Second. Vice Chairman Teele: Move and second. Who's the lawyer from out of town, who's the lawyer here? You want to put your name and address on the record? Chairman Winton: Is this for Joe Keith? Man, I need that, I wish I had known that. We could have deferred this. David Felton: Good morning, first off, I'm not a lawyer, I'm just a consultant for one of them. Vice Chairman Teele: Your name? Mr. Felton: My name is David Felton and 600 Fairway Drive, Deerfield Beach, Florida and I have Mr. Joseph Keith, from Wendy's International Atlanta with us today. Vice Chairman Teele: Mr. Keith, where are you from, sir? Joseph Keith: 4410 Belvedere Close, Marietta, Georgia. Vice Chairman Teele: It's a pleasure to have you down here, but let me tell you something, don't you contribute $1 on behalf of Wendy's to that Georgia FTAA Commission -- Chairman Winton: Right. Vice Chairman Teele: -- that they're working on up there. We don't want that FTAA in Georgia, we want it here in Florida, so don't you guys do, or maybe we should hold this plat until we see -- Chairman Winton: I was wondering Commissioner Teele, this morning and I won't start this discussion. I don't have a dialogue about it, but we should have a dialogue at some point, and that is whether or not we ought to start a Miami Dade County spread Florida Boycott of those major corporations in Atlanta that are trying to take our business away from us who do a lot of business in Florida so -- Commissioner Sanchez: They could be doing the same thing -- Vice Chairman Teele: It's another thing, but this is all in good humor now. Don't you go back and write a bad report about us. We have a motion and a second and it'll be a great addition to have Wendy's in the heart of the Haitian community and the heart of the inner City. All those in favor say, "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All opposed? 36 May 8, 2003 The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-441 A RESOLUTION ACCEPTING THE PLAT ENTITLED "62ND PLAZA," A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 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. Mr. Keith: Thank you very much. Vice Chairman Teele: Come on back. Mr. Keith: We will. Vice Chairman Teele: Mr. Chairman, the consent agenda items have been completed. We have a time certain, it's time it's 10 o'clock, it's 10:13 and it involves a number of people as you know. Chairman Winton: So, are you turning this back over to me? Vice Chairman Teele: Yes, sir. Chairman Winton: Alright. Vice Chairman Teele: Whatever you like. I also note that Commissioner Regalado, has to leave normally at about 11:30 and I think that there's an item that he wanted to take up before he left. Chairman Winton: Somebody was whispering in my ear. What was that last thing you said? 37 May 8, 2003 Vice Chairman Teele: I said, Commissioner, this item is going to go long but there is an item I think that Commissioner Regalado had indicated before he left -- Chairman Winton: OK. Vice Chairman Teele: -- this morning. 4. APPROVE PROPOSAL OF UPPER EAST SIDE MIAMI COUNCIL THEREBY AMENDING PROPOSED REDISTRICTING AND DRAFT CONCEPT PLAN BY CHANGING BOUNDARY LINE OF UPPER EAST SIDE NEIGHBORHOOD FROM BISCAYNE BOULEVARD TO NOW BE NORTHEAST 4TH COURT FOR PURPOSE OF MAINTAINING HISTORICAL COMMUNITY OF INTEREST IN PLACE. (See #10). Chairman Winton: So, make sure -- we'll even interrupt if we need to Commissioner Regalado, so -- are we having fun yet this morning? Here we go. We're going to have more fun. This is a very interesting issue and I would like to start off by saying that you know, I guess, in terms of the way the proposed boundaries are drawn, I'm thankful and appreciate the support of the folks from my constituency who are concerned about this redrawing of the boundaries, but we have no choice but to redraw boundaries and we're going to redraw them again in 10 more years because District 2 is still growing and growing more rapidly today then it did then and so, this is round one. There will be a round two in probably less than 10 years, so that is coming and I'm going to also ask that those of you in the pubic who are here to speak, we do have a long agenda today. My leg doesn't have the stamina to hold on to long, long periods and you all also know that I'm inclined to try to push this stuff forward as fast as I can so we don't have midnight meetings any longer and so, I'm going to ask that each of you who speak from the public consider what people in front of you had said and try not to repeat things that we've already heard. I think everybody up here listens pretty well so we'd like to not have repetition and civility is the order of the day at all times, so with that I guess Miguel, I turn it over to you. Miguel de Grandy: Thank you Mr. Chairman. Good morning Mr. Chairman, members of the Commission. For the record, my name is Miguel de Grandy. My address is 201 South Biscayne Boulevard. I just want to note to your IT (Information Technology) folks in the back that we do have a power point presentation so that should be up at this time. Commissioners, I am here today with Mr. Steve Cody who is counsel to my firm and also joining us today are professors Dario Moreno and Kevin Hill from FIU's (Florida International University) Metropolitan Center. Commissioners, on April 10th we issued to you a report on the status on redistricting our proposed plan for your consideration and as your counsel on redistricting, we've requested this opportunity to conduct this public workshop to bring you up to date on the status of redistricting and the review that we have conducted. As I've spoken to all of you before, this is a crucial legal process. The record is very important in this case. Our presentation here will last about 30 minutes which is what we need to put everything on the record and what I would suggest is that you allow me, Mr. Chairman, first the opportunity to go through the entire presentation and then of course we're available to you all day to answer any questions you may have. Let's begin with some background information. In response to the Constitutional mandate to redistrict, the Mayor and the Commission of the City of Miami retained our firm to provide legal services on redistricting matters and voting rights act issues. The City also retained Florida's International 38 May 8, 2003 Universities Metropolitan Center under the direction of Dr. Dario Moreno to serve as experts in analyzing census and geographic data in assisting the technical aspects of drawing the redistricting plan. The Metropolitan Center has also called on its resources in terms of the GISRS Center at FIU to provide maps of the present and proposed districts. Commissioners, in September of 2002, your counsel met with each Commissioner to obtain input as to what you believe to be relevant communities of interest in the City. Following these initial meetings on October 10, 2002, we provided the Mayor and the Commission with a legal primer designed to highlight and outline the fundamental principles of redistricting. We made our first presentation to your Commission on December 12th and at that time gave you an overview of legal issues and the technical issues dealing with redistricting. We went through the relevant demographic data from the 2000 census and we propose a timeline with milestones that would keep the redistricting process on track and I'm happy to say that we are within that timeline. As of December 12th, at the December 12th meeting we asked for and received policy direction from this Commission in the form of factors to consider in drafting a concept map for presentation to you at this time. Following our legal and technical presentation, the Commission instructed legal counsel to hold public hearings within the City to afford residents an opportunity to learn about the redistricting process and provide information throughout the communities of interest. From January to April 2003, your counsel together with the experts reviewed the present redistricting plan we also reviewed census data used by legislature to reapportion the state of Florida. This initial data set is referred to as PL97131 data and for the record that was data that was used to craft this plan. This data is collected from the census questionnaire sent to every household and includes data on total population, voting age population, race and Hispanic origin. The Census Bureau has also released data collected from the questionnaires given to a sample of American households and that dealt with economic and educational categories. We'll touch upon that later in our presentation. We also consulted with your Planning Department staff to discuss issues of population growth and development trends. As you remember from our December 12th meeting the purpose of those meetings of your planning staff was to evaluate relative growth in the different areas of the City and how they would affect the growth of the individual districts. This information was factored into the analysis to produce a plan that would hopefully remain within legally acceptable deviation ranges through the 2012 census. At your direction, we also conducted the three public hearings and finally we prepared the draft concept plan and status report. Now, as previously stated on the morning of April 10th a copy of the status report on redistricting and draft concept plan was delivered to each of you. It is the white notebook, this white notebook that we will be referring to throughout our report. A copy of the report was also delivered to Mayor Diaz and the City Attorney as well as the City Clerk. In addition in order to fully inform your constituents, we worked with your information technology department to ensure that a digital version of the entire report was posted on the City's website by 3 p.m. on April 10th and thus for the last month the status report has been available to the citizens of Miami and that brings us up to the purpose of today's workshop. In accordance with your direction, the draft concept plan takes into account the law governing redistricting, input from the public and your policy direction. Now, in examining the draft concept plan, the Commission should be guided by three basic principles. Number one, each Commission District must achieve substantial equality of population within the deviation permitted under the case law. Number two, the City must not engage in racial gerrymandering, and number three, new Commission districts must not dilute the vote of minority communities. We will should you how we applied these legal principles to the draft concept plan in a moment, but first I want to report to you also 39 May 8, 2003 on the input given by residents of the City. First, it is important to note that hearings for the purpose of gathering public input are not required by law in a reapportionment process. That was decided specifically in last year's three judge panel that was reviewing the legislative districts. Nevertheless, this Commission decided that a more inclusive process that afforded an opportunity for citizen input was the appropriate route to take and as directed by the Commission, your staff worked to set three public hearings in the North, South and central parts of the county. The public hearings were held on February 18 at Legion Post, February 19 at Virrick Park, and February 24 at Temple Israel. All locations were selected based on the geographic parameters given by this Commission and the facilities were examined to make sure that they were accessible to persons with disabilities. All public hearings were advertised by the City pursuant to the City's standard notice procedure for noncommisison meeting public hearings. All meetings were tape recorded and Spanish and Creole translators were available for non-English speaking residents that wished to participate. All audio tapes, speaker sign in sheets and any other documents submitted at the public hearings are available at the City Clerks office and are part of this record. At the February 18 public hearing, speaker suggested that the Commission consider adding more districts and that it add at -large districts. The speakers from the Northeast also expressed the desire to remain in Commission District 2. Because the Commission's mandate did not include consideration of additional or at -large districts, that part of the input was not factored into the plan. At the February 19 public meeting, residents again suggested that Commissioners consider increasing the number of districts and residents also expressed the preference to remain in Commission District 2. The February 24 public hearing produced the greatest number of residents and speakers. Most residents stated that the communities of Edgewater, Wynwood and the Upper Eastside should remain in their present configuration. Residents suggested that those areas are communities of interest and that the coastline and the FEC (Florida East Cost) corridor we also natural and manmade boundaries that should be preserved. Speakers noted that Overtown and Liberty City are also communities of interest. Now, although it is not uncommon, Commissioners, for citizens to express their desire to remain in a particular district and we understand that. In this case, we could not comply or fully reflect these desires in our plan because of the overriding constitutional directive to equalize population among districts. Similarly, we felt that we could not follow the request to maintain the FEC corridor as a district boundary because it would conflict with one this Commission's policy directives as will be explained later. Now, the major issue to be addressed again in this City's plan is deviation. As you can see from the next slide the overall deviation between the largest district in terms of population and the smallest district in your current plan is over 17 percent. With a total deviation exceeding 10 percent the City's current plan was considered to be malapportioned and can not be utilized in the 2003 election. Commissioners, let me now walk you how we address the need to reduce deviation and incorporate the Commission's policy directives into the draft concept plan and we will do this area by area. With the information from the census, data from your Planning Department, the input of the residents of the City and the Commission's policy directives in mind, legal counsel, and the experts started to work on your plan. In order to meet all the objectives, we determined the population in 10 discrete areas had to be shifted. In creating the draft concept plan, each of the five present districts was altered in varying degrees. Now, I would like to briefly take you through each of the changes and demonstrate how we met your policy objectives. First, changes from District 1 to District 5, two separate parcels were moved from one to five. In the white notebook, they are labeled as area five and area six. Area five lies to the sough of District 1 40 May 8, 2003 while area six is in the north. What's shown on the screen is a close up of one of the maps included in the white notebook. Area five is bounded by the Miami River, State Road 836, and Northwest 12th Avenue. The aerial photo shown on the screen gives a better idea of the location of area five and the map generated by the redistricting software and we've provided these throughout so that you can better understand where the changes are in relation to existing landmarks. The most notable landmarks in this area nearby are the Richard Gerstein building and the Winn Dixie store. The second parcel move from District 1 to District 5 is a strip bounded by State Road 112 to the north, Northwest 36th Street to the south, Northwest 19th Avenue to the west and Moore Park to the east. One of the most noticeable landmarks is Miami Jackson High which sits at the edge of the parcel. Now, as you may recall, there were specific comments made at the December 12th meeting regarding State Road 12 having divided a cohesive community and the need to move away from the use of that boundary. Moving areas five and six therefore follow the Commission's directives to use rational boundaries and to move away from boundaries that have an unfortunate connotation of race. This movement met the shift of 4765 persons which also represented 1546 voters. Going now to the movements from District 2 to District 3. One -- excuse me -- small parcel was moved from District 2 to District 3. It's identified in the white notebook as area seven. The purpose of the move was to better align this district using a well made recognized manmade boundary. As you can see by the aerial photo, areas seven encompasses a boatyard and the right-of-way next to the Brickell Metrorail Station. Now, this small change actually did not affect the population of either District 2 or 3 since no one lives in that area and no one has registered to vote there, but to the extend that you told us to smooth out and use rational boundaries that change complied with your policy directives. Going now to changes to District 2 to District 4, the draft concept map moves the southern boundary of District 4 further south from Southwest 24th Street to the Dixie Highway. That parcel is identified as area 9 in the white notebook. This, Commissioners, is the perfect example of a community that had been divided in manner in which constituents themselves were unsure of who their representative was. From the aerial photos shown you can see that the shift follows the Commission's directive to use rational and manmade boundaries and reunite a community. By using US 1 as well as 27th Avenue, which is a section line road, City officials and constituents will have a clearly identifiable boundary to work with. The total population moved in area nine is 3206 persons and total registered voters shifted is 1389. Going to changes now from District 2 to District 5, both these districts share a very long border, and in light of the need to bring population down in District 2 and to increase it in District 5, we had to make substantial shifts in population between the two districts. Three areas were moved from District 2 to District 5. The white notebook describes these parcels as area one, two and four. Area one is a long thin area bounded by the FEC corridor on the west, Biscayne Boulevard on the east, Northwest 35th Street on the south and Northeast 83rd Street to the north. The aerial photo shows that this is an area which is predominately low density single-family with a strip of low rise commercial development along Biscayne Boulevard. This change follows this Commission's specific directive to move away from boundaries that have a connotation of past racial discrimination to with the FEC corridor and towards a rational and easily identifiable boundary Biscayne Boulevard. Area two moved one of the boundaries of District 5 south to Northwest 36th Street and east to Northwest 2nd Avenue. This was done to create one uniform east -west boundary from Northwest 36th north down to Northwest 14th Street in the south. From above you can see that the area in question is south of I-395 and west of the FEC rail yard. Finally, area four takes the southern boundary of District 5 south to the Miami River, a natural boundary 41 May 8, 2003 that is easily identifiable. Excuse me, this triangular parcel also uses Metrorail line as a boundary. The most recognizable land mark in this area is the Steven Clark building. By moving area one, two, and four into District 5 we have moved a total of 6541 persons to one district to the other, and 3671 registered voters. Taking together the movements from District 2 to District 5 have followed the requirements to equalize population to move away from boundaries that may have a connotation of racial segregation and to move on to rational, manmade and natural boundaries. Going now to the changes from District 3 to District 2 -- Vice Chairman Teele: Your presentation is flawless. Would you just go back to the slither between the Biscayne Boulevard and the FEC -- Mr. De Grandy: You want me to repeat that? Vice Chairman Teele: Yeah, I need to understand because that appears to be where most of the discussion is leading. How many people are we talking about? Mr. De Grandy: The total number of -- Vice Chairman Teele: That's the one right there. Mr. De Grady: In that area, if I may since we had expressed that as a total, if you would allow me to finish the presentation, I'll have the experts pull out that exact number for that area and I'll be happy to address that at the end. Vice Chairman Teele: OK, then, that will be better. Would you just ask them that I'm going to want to understand what the total population is and the demographic make-up; age, gender, race et cetera. Mr. De Grandy: Yes, sir, will do and those will be available at that time. If I may then continue to talk about the changes from District 3 to District 2. Although the primary objective again of redistricting was to bring deviations to acceptable levels and in doing so reduce the population of District 2, the Commission's direction to keep historic neighborhoods together presented an opportunity here to reunite a portion of Brickell Avenue with District 2. Area 8 is bounded on the southeast by Brickell Avenue, on the northwest by the Metrorail line, and on the northeast by Southwest 15th Road. The total population move out of District 3 and into District 2 is 904 with a total of 388 registered voters. Turning now to movements from District 4 to District 1, as we look at the map, Commissioners, of District 1 and 4 we notice there was one single block that broke the boundary that ran east to west. In the white notebook, we identify this parcel as area ten. As you can see from the aerial photo, area ten is a single block of single-family homes. The photo taken on higher elevation fits that area ten into perspective with its community. By making this change we have deleted the jagged edge on the existing border between one and four, moving 128 residents and 47 registered voters. Turning now to changes from District 5 to District 2, as we noted before, we were trying to repopulate District 2 -- excuse me, District 5. this is a change that actually went in the reverse and the reason why as the aerial photo shows you, this changes in keeping with the Commission's directive to use rational boundaries. If you recall we had discussed already changing the previous boundary up north so that it moved to 42 May 8, 2003 Northwest 2nd Avenue. This change also moves the southern part of that boundary westward to Northwest 2nd Avenue making now Northwest 2nd Avenue a very easily identifiable and unbroken border between the two districts. The change reflected by area three has a population of 408 persons and 197 registered voters. The white notebook contains the full details, Commissioners, of the draft concept map and behind tab five is a map of the entire plan, together with close up maps of the districts which we'll show here very quickly. District 1, District 2, I talk quicker than your power point moves. District 3 -- Chairman Winton: It's because the power point move slow. Mr. De Grandy: -- District 4, and District 5. Now, as I said, tab five of the white notebook also includes statistical information on the districts including total population, voting age population, population data, further broken down by race and ethnicity, voter registration information and performance of the districts in selected elections from 1992 to 2000. The Census Bureau, as I noted before, released additional data that you can find information dealing with income and education and that is presented graphically to you in a series of dalmatic maps. Now, we're happy to report to you Commissioners that the draft concept map both solves the deviation problem with the present map and follows the Commission's policy directives. I want to note that we could have achieved a smaller deviation, but as we told you before, part of the approach in designing the plan was to maximize the possibility of remaining within acceptable deviations through 2013. The deviation of the draft concept map is now less than nine and a half percent from the information -- excuse me, this was accomplished by under -populating, as you know District 2, and over -populating District 5, so now, from the information we obtained from your planning department, we expect a high population growth rate in District 2 to continue unabated throughout the decade, and outpace all the other districts. Likewise, it is anticipated that District 5 will see a relatively smaller level of growth throughout the next census. Nevertheless, deviation has been reduced significantly. Overall, our deviation is well within the safe harbor that is recognized by the courts. Now, as these growth patterns develop over the next 10 years, the deviation which is at nine something will actually continue to shrink and then begin to expand in the other direction. In other words, today District 2 in our concept map is the least populated and District 5 is the most populated. As the years progress, District 2 will continue to accelerate it's growth, so that by 2013 it will most probably again be the most populated district, but hopefully still, because of what we dealt into the plan, at an expectable deviation range. Now, to briefly recap policy directives, because I need to put all this on the record. We were told to maintain wherever possible down to similar to the ones used in the present plan. You directed us to use rational manmade or natural boundaries with the understanding that we should avoid using boundaries that have a racial connotation or connotation of past racial segregation. We were told to nest to the extend possible City Commission District 5 with County Commission District 3. Finally, we were directed to preserve wherever possible, historical and traditional neighborhoods and to include whole precincts in the district wherever possible. First and foremost, the plan maintains the present boundaries where possible in order to avoid voter confusion, and the surest test to determine whether the new plan preserves is whether the new place preserves what is called the core of existing districts. The draft concept plan does just that. As you can see by the slide on the screen, the draft concept plan preserves between 83 percent and 100 percent of the existing residents in their present districts. The draft concept plan also uses streets like Brickell Avenue, Biscayne Boulevard, highways like South Dixie and State 43 May 8, 2003 Road 836 to define district borders. We've also shown you that the maps deletes some of the jagged edges in previous boundaries making them more logical for your constituents to follow. The plan also avoids the use of two specific boundaries that were mentioned as having a connotation of either racial segregation or splitting cohesive minority communities and that's State Road 112 and the FEC corridor. The plan also succeeds in nesting City Commission District 5 within county Commission District 3. As you can see on this screen above, the County Commission District 3 extends obviously far beyond the City limits. Nevertheless, out of almost a total of 11,000 residents that were added to District 5 only 722 were added from areas outside of areas outside of County Commission District 3. In other words, over 93 percent of the persons added to District 5 came from County Commission District 3. The plan keeps together many of the historic and traditional neighborhoods in this City. Area two Brickell is now all in District 2, Overtown, Coconut Grove, Wynwood having fit logically together, but again because of the need to equalize population, it is nearly impossible to maintain all the communities of interest intact. There were some that we could not repair. There had been discussion in this Commission about how Allapattah is in fact in two communities. We looked at that and there was frankly no way to be able to correct that and still do all the constitutional things we had to do, so we've done the best that we could with the situation that we had. Now, finally this Commission directed that at the extent possible whole precincts should be maintained and that is something that I also must report to you that we could not fully implement. As indicated earlier, traditional redistricting criteria conflicts in all, but competes with one another. In this case the need to equalize population to meet the deviation requirements of law often meant that whole precincts simply could not be maintained. Now, finally there are two pending issues before the Commission. The first issue is that of adoption of a resolution amending the present districts and second is the issue of time. There's a draft resolution in the white notebook which amends the present districting plan to conform with a draft concept plan. Your City Attorney has reviewed that for legal sufficiency, presented his own which is provided in your packet. That resolution is on the agenda for consideration this afternoon. The second as I said, is the issue of timeliness. Today is May 8th and there are exactly 180 days until the November 4th election and there is a lot of work to do between now and then. Qualifying for the November election runs from September 5th to the 20th. The election is set for November 4th and a runoff, if necessary, will be held on November 11th. The 120 day between today and the start of qualifying will be needed by the County's Elections Department to prepare for the election including reprecincting, if necessary. This same period can be used to defend the plan if any challenge is brought. Commissioners, one of the many things that I learned when I served in the legislature in 1992 through a redistricting process and through my workers counsel on redistricting matters is that they're frankly hundreds and thousands of way to draw a district map. They go from tossing the current map out and starting from scratch for a more minimalist approach and what distinguishes the choices are the policy determinations made by the governing body going into the redistricting process. We have followed the policy directions you've given us and we have at all times been governed by the constitution and law and I can tell you today that draft the concept map is a legal and constitutional plan which meets the objectives that you set out. On behalf of Steve Cody, the FIU Metropolitan Center and myself, we appreciate your attention here this morning and the opportunity to serve the City of Miami in this manner and we are happy to answer any questions you may have. 44 May 8, 2003 Chairman Winton: Questions and I think Commissioner Teele wanted some questions answered also. Mr. De Grandy, what is the significance of missing the timelines? Mr. De Grandy: Here's the significance, Commissioners. I can tell you right now it is critical to adopt this plan or whatever plan you decide, with amendments today, not precisely because of redistricting. If you were to move this off two more weeks, to be frank with you, it will not affect my redistricting timeline. However, this Commission has asked through the City Attorney that we, as your consultants, look at an additional issue which is working with the county to get polling places changed in the City that has apparently been a serious issue in this City. I can tell you we already had an initial meeting with Department of Elections folks in the City of Miami excuse me, in the county. Here's what they tell us. They tell us that any changes in polling locations have to be approved by the County Commission. They also tell us correctly that the new rules of the county Commission say that it must both go through the committee and it can not be heard in Commission the same month that it's heard in committee. With all that now, let me give you a timeline. We're in May 8th. We basically have three weeks to work with your NET (Neighborhood Enhancement Team) Department, bring alternatives so it can go to the June committee meeting and be adopted into July. Commissioner Regalado: Excuse me. Mr. De Grandy: Yes, sir. Commissioner Regalado: You said to work with the NET department, NET office? Mr. De Grandy: Yes. Commissioner Regalado: We're supposed to hear a report from the Community Relations Board precisely addressing those illogical precincts. Mr. De Grandy: Yes, sir and as a matter of fact the -- if I may respond, Mr. Chair, through the Chair. The representatives were there at that meeting. The reason I referred to the NET Office is the following reason. The County is not going to do your work for you and so, we not only have to identify -- Vice Chairman Teele: Hold it. Mr. De Grandy: Yes, sir. Vice Chairman Teele: I have a great respect -- you've done great up until now, but the County has the obligation and the responsibility, not the City, to ensure the precinct districts, polling places make sense, they're accessible, and they don't do what the current ones do where you've got elderly housing that have a precinct in it for people, but the people who live in the -- Commissioner Sanchez: Mr. Chairman. 45 May 8, 2003 Vice Chairman Teele: -- elderly housing unit are not there, so I just don't want you to shift the responsibility of who's duty it is under the state constitution and state law to say that it's a City responsibility. Mr. De Grandy: Let me finish -- Chairman Winton: Well, hold on, before you go there. I don't think I want to have a discussion about precincts right now. We're on redistricting. Precincts is going to come up later, so I think this whole discussion over precincts needs to wait until we get to that piece. I was just trying to understand timelines. Commissioner Regalado: Mr. Chairman, I think it's important that we keep in mind that we are on a dateline on the precinct. Chairman Winton: I understand completely. That's what I was asking about, just the deadlines so that's, we understand that, so is your comment about precincts, Commissioner Sanchez? Commissioner Sanchez: No, it basically just for the point of clarification. I want to make sure that you know, although we're not on a timeframe to vote on this issue, you know would this scuffle the ability for us to you know, workout the issues with the County on the voting issues because I know it's been a concern from the Commissioners here -- Chairman Winton: Right. Commissioner Sanchez: --and I just want to make sure that this --if we take action today or we don't take action, would it scuffle our ability to try to work out these precinct issues that have been a great concern to this Commission? Mr. De Grandy: And the answer, if I may, through the Chair, is yes. Let me complete my answer. When I said your job for you I do agree with the statement you made, Commissioner Teele. Functionally, what I am saying is that once we identify the problem to them, they are going to look to the City to say what are your suggestions on alternatives because you know the community better than we would know the community, and in that respect, that is where I plan to access the use, the resources of your NET Department because we've got to find alternative locations for them that meet the criteria that are ADA (Americans with Disabilities Act) accessible et cetera, that are conveniently located and so, my statement was to the effect that we have three weeks to do that. I can go to the next Commission meeting without approval of this. After that, I do tell you there's a problem on the timeline but I can tell you with respect to the precincts that if it's not passed today, the opportunity to change polling locations is gone for this election. Chairman Winton: Got it. OK, now I think Commissioner Teele wanted some answers on demographics from your, from -- Mr. De Grandy: Yes, as I have total population in that area is 4,406 people, 6.29 percent single race white, 70 -- 46 May 8, 2003 Vice Chairman Teele: Wait, wait, wait, say that six what? Mr. De Grandy: 29 percent single race white. Vice Chairman Teele: Are you saying six point or 62? Mr. De Grandy: Six, six, 6.29, 70.74 non -Hispanic black, 2.61 Hispanic black, 17.18 Hispanic, and 3.18 that self determined in the category of other in the census. Any other questions, Commissioners? Chairman Winton: So, I guess, do we go to the public hearing part now? Mr. De Grandy: It is within your right to open up the pubic hearing. Chairman Winton: If y'all have question of the consultants to -- Commissioner Sanchez: I have questions after we listen to the public hearing. Chairman Winton: OK, the public hearing part then we'll come back to questions. Mr. De Grandy: I'm also available, Mr. Chairman, to if you need me to respond to any comments that are made, I'm happy to do that. Chairman Winton: We may well need that, so we're going to open the public hearing phase of this item, so those of you who want to speak, I think y'all have to be sworn in by the City Clerk or has that already been done? They've signed in? Have you sworn them in? Do they need to be sworn in? Can they just talk? Mr. City Attorney. Alejandro Vilarello (City Attorney): Mr. De Grandy, you need the witnesses to be sworn in? Mr. De Grandy: No, sir, not to keep an adequate record. You follow the same protocol that you would follow in any other pubic hearing. If that is your practice in any other public hearing, that would be fine. Mr. Vilarello: Only our practice in quasi judicial hearings so, they do not need to be sworn in. Chairman Winton: Great, so, now, tell me -- this is the order in which people are going to testify is that what you're suggesting to me? OK, so, all -- Priscilla A. Thompson (City Clerk): I'm sorry, Chairman, we do have additional individuals who signed to speak in addition to this list. Chairman Winton: OK, so, if y'all don't mind, apparently we're going through a process where first come, first serve since you've signed in. I'm going to read the names of the first six, so if we can get three and three up here and then I'll read the names of the next six, so y'all don't all have to be standing up and being uncomfortable and we'll have some order. The first six in 47 May 8, 2003 order David Treece, Skip Van Cel, Rod Alonzo, Maureen Joseph, Robert Flanders, Alexander Rodriguez, those are the first six so, if we can get three and three and we want to hold the public testimony to two minutes per person, Madam Clerk, and I would again encourage those of you who are going to speak to pay attention to what those in front of you had said and not repeat what we already heard. Now, can we get the first three at this podium and the second three at this podium, please, so we can move this quickly. The three at this podium Maureen Joseph, Bob Flanders, Alexander Rodriguez at this podium. Alright, David -- David Treece: Thank you, Commissioner Winton. We will try to move it right along and have requested that we do even better than two minutes just 60 to 90 seconds per person. I'm David Treece. I live at 801 Northeast 74th Street in Belle Meade in Miami and I am the treasurer and incoming president of the Upper Eastside Miami Council. Just a brief background, the Upper Eastside Miami Council is the coalition of all the homeowners Associations and what the City has defined as the Upper Eastside from 36th Street to the City's borders at Miami Shores both east and west of the boulevard. We are here today because we wanted to propose a change and what Mr. De Grandy has proposed. That is that the boulevard which goes right down our neighborhood, not be a dividing line as being proposed, but that we move that no Northeast 4th court which also meets all of the requirements. It is a natural barrier in a sense that it separated residential from commercial area and it keeps our neighborhood united. We have worked with all the homeowners associations and I do want to stress that we have reached consensus. We are unanimous in that we do not want after all the progress that we have made that our neighborhood be divided and most importantly we have worked with the consultants and our proposed change to go from Biscayne Boulevard to Northeast 4th Court does meet all of the constitutional requirements and it does meet all of the specifications put forth by the City Commission, so our objective is just to keep our neighborhood united. What we're going to do today is have the speakers talk about the major points why you should adopt our proposed change and why our neighborhood should not be divided, so next, David Carson. Chairman Winton: Thank you. David Carson: Good morning, Commissioners -- Chairman Winton: And by the way, I'm sorry, each of you need to put your name and address on the record too. I forgot to say that. I always forget that, but one day I'll figure that out. Yes, sir, name. Mr. Carson: Good morning Commissioners, my name is David Carson. I live at 458 Northeast 77th Street. When we first moved the area my wife, my children and I were constantly faced with the same problems that plagued may communities in Miami, drug, prostitution and vandalism. We know that Palm Grove has the potential to become a beautiful and safe community to live and work in as well as positive environment for our kids. It is apparent that many other hard working people, developers and Commissioner Winton, knew Palm Grove's potential to become an asset to the surrounding communities, Morningside, Belle Meade, Bayside, Shorecrest and Baypoint. These areas make up a family for all the Upper Eastside and when someone in the family is having a problem, it is the responsibility of its members to work together to protect and support what is best for its family and that is what Commissioner Winton, 48 May 8, 2003 collective families of Upper Eastside, and the City of Miami Police Department have been doing. My family has watched the drug activities and prostitution decrease. We have watched new business flourish, a growth of real estate and new homeowners move in and remodel old homes and houses making a home for their families. Redistricting of our community will divide Palm Grove from the Upper Eastside family and we know it is not in the best interest of the community. Mayor Diaz, the cultural diversity of our communities and surrounding business and current boundaries work. The Upper Eastside is the poster child for the City of Miami. We have proven what communities can do when we all work toward a positive goal. Thank you very much, gentlemen. Chairman Winton: Thank you. Mr. Treece: Skip Van Cel is on the original list, David Carson was an addition so, I'd like to introduce Skip Van Cel, the publisher of the Biscayne Boulevard Times. Chairman Winton: Skip. Skip Van Cel: My name is Skip Van Cel. I live at 564 Northeast 66th Street. I come here as a citizen of the affected area, not necessarily the newspaper. I moved to Miami in 1965. My family came here when I was 10 and I lived in all areas of the City. Four years ago I was living in Buena Vista which a historic neighborhood, and I was looking for that neighborhood to move into. I ran a -- did lot a research on the Palm Grove neighborhood, even though at that time it was considered an "us and them" mentality against the east to the west side of the boulevard. I thought that you know, that should change because I knew to change the boulevard the neighbors need to be united. The change needed to come from both sides to the middle, not from one side and hoping the change would be effective. It has happened much faster than I could have imagined. The three years that I lived here I'm astonished at what I've seen. To see the neighborhood unified as it's been and see people interacting, it really satisfies me because I do feel as though I was one of the first to move in and I moved into an old building. I'm not an absentee landlord. I live there. I have an eight year building there and I rent. It sort of baffles me because I went to the Biscayne Boulevard charrette that they had for the design workshop and the City's own consultants Hok had sat right there they said that this was always a unified neighborhood. He swept his hand right down the Boulevard, he said both side of the Boulevard are architects, builders do all the same and it was a unified neighborhood and that's what I'd like to see. This "we and them" mentality that existed along Biscayne Boulevard is getting dispelled daily. It's being dissolved. This recommendation split the neighborhood and will only serve to reinforce an "us and them" mentality that so many of us worked so hard to dispel. This is particularly unacceptable. As a citizen since there are so many better options that I've seen. One is that I think North Miami Avenue down in Wynwood I saw that where the natural type of barrier, but it's a responsibility I don't think should be taken lightly, changing and cutting up a neighborhood. Thank you very much. Vice Chairman Teele: Mr. Chairman, may I inquire of the gentleman, Skip? Mr. Van Cel: Yes. 49 May 8, 2003 Vice Chairman Teele: Do you support the notion of using the centerline of Northeast 4th Court and Federal Highway? Mr. Van Cel: I do more than Biscayne Boulevard, I do. Biscayne Boulevard is the unifying force. We've worked really, really hard to get it together. I mean there's people -- you know, I moved into that neighborhood. Let me tell you something. The kids going to Morningside Elementary, terrible the prostitution and everything. You know, it's just we've worked so hard to get this neighborhood together. Vice Chairman Teele: Well, I'm just trying to -- Mr. Van Cel: Most of the things that are west of 4th Court are warehouses to 2nd Avenue, with the exception of between 59th and I think 61st Street -- Vice Chairman Teele: Now, I didn't get your address. Where do you live? Mr. Van Cel: 564 Northeast 66th Street. Vice Chairman Teele: 564 -- Mr. Van Cel: Northeast 66th Street. Vice Chairman Teele: -- but you do support utilizing the centerline of Northeast 4th Court? Mr. Van Cel: Yes, sir. Vice Chairman Teele: Is that the road that runs between Zoyca's and the -- Mr. Van Cel: 79th Street it runs the FEC it runs along the FEC railroad track four there's that -- Vice Chairman Teele: -- it parallels the FEC railroad track and it separates Zoyca from the pizza place. Mr. Van Cel: Right, exactly. Vice Chairman Teele: Not a plug for Soyca or the pizza place. I guess I could plug Leo's car wash though, thank you very much. Mr. Van Cel: Thank you. Chairman Winton: Maureen, before we go to you. Maureen's next, oh no, Rod, your next and after Rod could we get Ted Brock. Ted Brock: Brock. 50 May 8, 2003 Chairman Winton: Ted, Walt Allen and David Lombardi lined up here behind these folks and Rod -- your shot. Rod Alonso: I'll be brief. My name is Rod Alonso. I live 451 Northeast 53rd Street. I'm the president of the Morningside Civic Association. Biscayne Boulevard has been an in fight factor and a dividing one historically. Morningside started out in 1920 on both sides of the Boulevard. In fact, the houses on both sides of the boulevard are architecturally similar and we'd like to expand this historic district someday into historic Bayshore on the west side of the boulevard as Morningside (UNINTELLIGIBLE). In the recent past, in fact, several houses on the west side of the boulevard have been included in the annual Morningside historic home tour. In 1985, just to give an example of how unified we've been, the Morningside Civic Association rallied to save a historic penthouse west of the boulevard Northeast 4th Court from demolition. The original penthouse, it was used for both sided of the boulevard in the early days of Morningside. Historical we've been one neighborhood, one community being Morningside. We don't -- we would not like to be not a unified community and we depend on you Commissioners to keep us together unified. Please help us keep the boulevard from becoming a dividing line for our community, thank you. Chairman Winton: Thank you, Rod. Maureen Joseph: Good morning Mr. Chairman, Commissioners. My name is Maureen Joseph. I live at 665 Buttonwood Lane. I bring you warm wishes from the 247 homeowners in Baypoint. My family and I have lived in what is now the Upper Eastside since 1955. We started out in Edgewater where we lived for six years and remaining years in our present home in Baypoint. The boulevard, US 1 was still the gateway to Miami in those days. What was to be later called the Upper Eastside is a cohesive community extending to both sides of the boulevard. Many of the younger family members on the eastside had actually grown up on the Westside, so long time Miami families have roots on both sides of the boulevard. Then came I-95 and the resulting decline of business on the boulevard and even homeownership languished on both sides. The 80's saw rampant crime in the area. This was the catalyst that forged our unity even deeper. We found we needed each other in order to combat our common problems. Homeowner Associations joined forces. We work together first as the umbrella group then, as the northeast taskforce. We work with the Biscayne Boulevard Chambers of Commerce to try to stimulate an economic revival. Then came the NET office and now we have the Upper Eastside Miami Council. It is as important today as it was 20 years ago that we continue to work together. We will always have the common fight against crime. The common effort to improve police protection, code enforcement, better City services and the common goal of economic revitalization. New business is coming in at last. Homeowners on both sides of the boulevard are adding on and fixing up. Property values continue to go up. There if a vitality, the boulevard is truly an artery, a lifeline that unites east and west. Please don't let it divide us. Thank you. (APPLAUSE) Chairman Winton: Could we -- could I ask of the audience, it's easier for us to get through, everybody knows each other, everybody's going to be happy about all these comments so, if we could hold the applause and we can get through this process more quickly. Mr. Flanders. 51 May 8, 2003 Robert Flanders: Good morning, Commissioners. We're today because we share your passion for the City of Miami and your hopes for its future. Like every great City, Miami's power is in the strength of its neighborhoods and if that sounds familiar it's because four years ago it was a fundamental part of Johnny Winton's campaign platform. Lionel Hermatin (phonetic) at the time was the head of the Haitian American Foundation. She and I as members of the Upper Eastside Miami Council, serve on Commissioner Winton's innovative Upper Eastside revitalization task force. It is a fact that almost 100 percent of the task force effort were devoted to the streets west of the boulevard. With better policing we fought crime. With improved code enforcement, we chased bad landlords and with education, gave the neighborhood residents access to many assistance programs that could add quality to their lives. The revitalization task force strategy was so successful that crime has fallen, homeownership and property values are booming and the bottom line is that the whole Biscayne corridor is no longer a community on the edge, but one of Miami's most promising. With its rich, multiethnic and economically diverse population, the Upper Eastside is a shining example of Mayor Diaz "one City, one future" campaign. Our constitutionally legal request before you today embodies the spirit of the law to keep communities of interest together, not to separate them. Please preserve what we have created together, one of Miami's most unified neighborhoods and the face of this City's future. Thank you. Chairman Winton: Thank you Bob. Mr. Rodriguez. Alex Rodriguez: Good morning, Commissioners, my name is Alex Rodriguez, 469 Northeast 76th Street and I'm the president of the Palm Grove neighborhood association otherwise referred to as the west side of the boulevard. Thank you for your time. As you already heard Palm Grove spans from 54th Street to Northeast 77th Street and from Biscayne Boulevard west to Northeast 4th Court, thus making this part of the City of Miami's Upper Eastside in District 2. Those are our actual boundaries for our association. The previous speakers had mentioned many characteristics Palm Grove shares with its sister neighborhoods in the Upper Eastside, and being part of this community, Palm Grove benefits from the many City services offered to this City to the Upper Eastside, including but not limited to the NET office on 66th Street, which we actively worked in the past with Fred Fernandez, Wilma Wilcox and now with Chris Morales, who is the acting NET Administrator, to maintain the quality of life for our community. We have also been involved and included in the 1999 City of Miami's Upper Eastside master plan and we continue to be included and involved in the upcoming Biscayne Boulevard revitalization charrette and the FDOT (Florida Department of Transportation) redesign committee. The residents of Palm Grove are deeply concerned that the notion is no longer remaining a part of our community of interest, the Upper Eastside. Imagine if the consultants had recommended splitting Coconut Grove into two districts, the north and the south, the central and the west. It wouldn't make much sense because in essence you would rip apart a recognized cohesive community, and this same notion applies to us Palm Grove from the Upper Eastside. We need to ensure that Biscayne Boulevard becomes the meeting point for the Upper Eastside and not the dividing line. Thank you. Chairman Winton: At this podium, I would like to have Dorothy Quintana, there you are, Dorothy would you come up, David Lombardi and David Leahy, are you in the audience? Could the three of y' all line at this podium? Mr. Brock. 52 May 8, 2003 Ted Brock: Members of the Commission, my name is Ted Brock and my family resides at 945 Northeast 72nd Street in the Bayside area. I'm appearing on behalf of the Bayside Residents Association as Vice President of that neighborhood association. The Bayside Residents Association area consists of Northeast 60th Street, north to Northeast 77th Street, Biscayne Boulevard east to Biscayne Bay. My family has resided in Miami in the area known as Bayside since December 1984. I moved into the Bayside area in 1984, was questioned by my associates as unsafe. Since that time, while participating in Bayside neighborhood projects, our family and the rest of our Bayside neighbors have grown to appreciate the efforts of our neighbors of the Upper Eastside of Miami, including the area west of Biscayne Boulevard, otherwise known as Palm Grove. The Bayside Residents Association recommends that our eastern neighbor, the Palm Grove area west of Biscayne Boulevard not be removed from District 2. If you compare Bayside at the Palm Grove, they are similar in terms of architecture, interaction with neighbors, shopping, dining and other areas of similar interest. The City of Miami itself recognizes Bayside and Palm Grove as communities of interest of the Upper Eastside. As part of the Upper Eastside community of interests, Palm Grove and Bayside are considered to be sister entities on several ongoing projects to improve our gateway communities to the City of Miami. These projects include the Federal Department of Transportation to redesign Biscayne Boulevard, the upcoming May 19th charrette for Biscayne Boulevard design standards. Bayside and Palm Grove also share the same City of Miami NET office and code enforcement officer. Bay Palm Grove and Bayside are part of the City of Miami's 1999 Upper Eastside master plan adopted by this City Commission. Historically, Palm Grove and Bayside have been considered to be parts of the Upper Eastside. It doesn't make sense to split apart the Upper Eastside in the future. Thank you. Chairman Winton: Walt. Walt Allen: Good morning. My name is Walt Allen. I live at 725 Northeast 7e Street and I represent Belle Meade. I am the president of the Belle Meade Homeowner's Association. I know all of you know me. I've worked with all of you on at least one occasion on different projects helping to do things in the Upper Eastside. I won't go back and repeat everything that you've heard already. I just ask you to remember that the residents of the Upper Eastside have been very involved in our community, and the only reason why these communities are succeeding is because of the dedication and devotion that we have to everyone living in that community has made an investment in that community and I would hope our Commissioners would take notice of that. Every one of us, has the best interest of our communities at stake when we show up at these different committees and meetings and hearings to do things. I just like to remind you that we have a viable plan. We've presented the plan to the architects and the drafters. They've looked at it. They think our plan works. In addition to that it meets the needs of the community. The community wholeheartedly supports it. I don't think very few issues that you're going to have come before the Commission that the community is so united on. I think this ones going to be a no-brainer for us. I'd also like you to remember that we don't want to disenfranchise voters. We've had those issues before. The voters have voted for this -- our Commissioner, we're very happy with our Commissioner, and we just like to remind you that to please help us make our communities better. This plan is here, it works and anything else would just tear apart this community. This should be a smooth flow and anything else would disrupt 53 May 8, 2003 the flow of the things that we have now and the plans that we plan and vision that we have for the Upper Eastside community in the future. Thank you. Chairman Winton: Thanks, Walt. Could I ask Paul Arnold, Gordon Arnold both from the same address I hope y'all are not going to repeat yourselves and Larry Mizrach to come to this podium here please? Dorothy, welcome, good morning. Dorothy Quintana: You have been -- Chairman Winton: Dorothy, pull you microphone down please and we need your name and address. Ms. Quintana: I have been very ill, so I haven't heard. Yesterday they call me up and they told me about it and I'm very upset and so is Wynwood very upset. I spoke to a lot of people on Wynwood and they told me. Why are they changing when we are satisfied with you. We've never had such a good Commissioner since you came along. Everyone -- (APPLAUSE) Ms. Quintana: -- everyone that I spoke to as soon as they told me I went out speaking to people. You know me, and they told me, no it can't be done. It can not be done. We can't have him changed. You're the only one, the only Commissioner that really as long as I'm coming, it's 35 years I'm coming to this building here and I never had a Commissioner like you. Chairman Winton: Thank you. Ms. Quintana: You really care, really come on Christmas and anytime the people need there, you help us. You've got the park. Nobody, no other Commissioner come around. I haven't seen the Commissioner come and visit Wynwood the park, you care. You make sure that park was fixed it was done -- Chairman Winton: Would you stop, before you make me -- Ms. Quintana: -- you make sure that the people are taken care. The senior center, second care everything I mean, you care. Why should they change you now in the middle of the -- no. We are not satisfied, and if anything, we have to be done and get together and really come here and fight, we'll do it. Right now, people you know they have no practical now. We not going to have you change, we're please with you. We're very happy with you. You have done for us what no other Commissioner has done. Please we don't want you changed. (APPLAUSE) Chairman Winton: OK. Ms. Quintana: OK, sorry but I have Teele has been my friend for years, but I haven't seen him in Wynwood once. 54 May 8, 2003 (APPLAUSE) Ms. Quintana: Not once. Vice Chairman Teele: But I don't represent -- Chairman Winton: And he doesn't represent Wynwood and hasn't represented Wynwood so, I don't know why he'd be there, and I'm going to -- Ms. Quintana: -- side of Wynwood but he never come around. Chairman Winton: When we come back though, I must say some things because -- that are about our relationship and the things that we do together in that whole area, but I'm going to wait until after the public hearing. Thank you very much, Dorothy. Ms. Quintana: No, you don't leave us, you don't leave us -- Chairman Winton: I don't think Wynwood's changing anyway. Is it? Ms. Quintana: We already spoke and we're going to fight about it. Chairman Winton: I don't think Wynwood's changing. Ms. Quintana: No, it isn't Wynwood that's changing. They want to change our Commissioner and we not allow that. Chairman Winton: Well, Wynwood is not -- Wynwood, the boundaries of Wynwood aren't changing, are they? Mr. De Grandy: Yes, they are. Chairman Winton: A small change but it's -- anyhow, OK, thank you, Dorothy. We have to go to the next -- Ms. Quintana: No, no, your not you stay where you are, stay where you are. I'm sorry. Chairman Winton: Thank you. David. David Lombardi: Good morning, David Lombardi, 167 Northwest 25th Street. The only thing I wanted to say is from Northwest 2nd Avenue over I don't know that you accomplished population wise what they need to accomplish to add more residents to Commissioner Teele. Not to say that I have anything against the switch, but whoever becomes our Commissioner, if it's not you, because you have such an integral understanding of where Wynwood has come in the past few years, from where it came and where it's going. We have over a billion and a half dollars of upcoming development in Wynwood and Edgewater, that to me, those two 55 May 8, 2003 communities are very importantly linked as Edgewater grows it residential, Wynwood would become it's Arts and Entertainment and party area to entertain those new residents. The Buena Vista rail yards I'm in quite sure how it fits in, in all this, but 3,000 new residents will be there and that's in Wynwood -- Vice Chairman Teele: Is that being changed? Mr. De Grandy: No, I don't think that's part of the change, but there is a split in Wynwood David. Mr. Lombardi: Well, that's the most I wanted to say was I attended a meeting at Temple Israel and it was so poorly presented that we all walked away scratching our heads and even just now this gentleman was nice enough to show me a map and I'm in the neighborhood everyday and I don't understand his map the way they have these laid out. Thank you. Chairman Winton: Thank you. Mr. Leahy. David Leahy (Miami -Dade County Supervisor of Elections): Mr. Chairman, Commissioners, I'm Dave Leahy, 111 Northwest 1st Street, I'm here simply to answer any questions that you which I can do after your public hearing. Chairman Winton: Well great, thank you, appreciate it. Larry and there's two more Luis and Martin Siskind, would you please come to this podium and then after those two, we'll close the public hearing. Larry Mizrach: Well, my name is Larry Mizrach, I'm sure a lot of you know me. I've been in Wynwood since I was born. My office is Wynwood, my previous business was in Wynwood. My family's been there since 1948. We've been around a while, I've seen Wynwood go up, down, and now it's back up again. I have been involved in the political process in the City of Miami and Dade County and the State of Florida since 1960. I've seen the neglect of various politicians to Wynwood. We don't want Wynwood split. It is going to be split according to what I understood on the plan that was shown on the board on Northwest 2nd Avenue. We only would like Wynwood to be kept as one unit. Wynwood is a community. There's a plaque on the board of the NET office that shows that Wynwood from 1938. I remember there was an ice house on Miami Avenue. It's just incredible to think of splitting Wynwood when we're on our way up. Leave Wynwood as one community and don't you go skiing again. Thank you. Luis De Rosa: Good morning, Commissioners. My name is Luis De Rosa. I represent the Puerto Rican Chambers of Commerce at 3550 Biscayne Boulevard. We can't agree more with what David and Larry have echoed today but let me just remind the Commission if I may when Wynwood was being neglected in the last 20 or so years, the major stabilizing factor in addition to the corporate and the private investments has been Puerto Rican institutions that have created jobs that is like Boriquen Clinic, which has over 100 employees that work, which 12 to 15 are medical doctors and nurses and thing that a lot of people from the community Kidco also, child care has provided services to that community and Eugenio de Hostos also the elderly center and also Rafael Hernandez housing economic development under the leadership of Commissioner 56 May 8, 2003 Winton with his support has provided facade improvement to over 250 businesses in the Wynwood area. Again, state that contributed to the stabilization creating jobs, retaining jobs. We are very concerned for the chopping up once again of the mid community and we ask that it be kept under one commission at all possible. Thank you. Chairman Winton: Thank you. Martin Siskind: I'm going to just change what I was going to say because David and Larry Mizrach covered it. Chairman Winton: Need your name and address. Mr. Siskind : Martin Siskind, 2200 Northwest 2nd Avenue. I heard this word unified neighborhood three times, Morningside, Baypoint and the Upper Eastside which is great and everybody here is proud of their neighborhood and proud of the unification that they have in their neighborhoods, but what this is about is to have a unified City and somebody somewhere has to try to do that. I mentioned it once before, I mean, Miami could be called Miami, Miami the inner structure of Miami can just be Miami twice and you guys have to unify what everybody's saying out here, because everybody's saying basically the same thing. I don't know if they want to cut Mr. Teele in half or cut you in half or whatever but Solomon is not around so, something has to be organized to keep this momentum going so the City of Miami can become what is should be. Chairman Winton: Thank you. We got to close the public hearing portion of this and I'd like to say a couple of things. Obviously, I'm flattered that people want me to y'all want to stay in District 2 and I'm flattered and honored, but I have to tell you that I'm going to give you specific examples. This Commission works extremely well together and Commissioner Teele and I in particular work extremely well together. It was Commissioner Teele's idea when I first got elected I wanted to block the development of the bridge downtown because I thought it was stupid we need to build a tunnel to break the log during a fragment downtown. It was Commissioner Teele's experience and support of my initiatives that led to us actually getting as a trade off let them build their bridge, but we're going to get the bureaucrats from Tallahassee and the state to stand shoulder to shoulder with us and we're going to develop a new comprehensive master transportation plan for the greater downtown area that had maybe not been done in 30 or 40 years. That was his idea. That wasn't my idea. He helped make the phone calls, pull the buttons that pulled that off and it impacts little of his district. We were talking about the whole FEC corridor at a Commission meeting one day and I thought, I thought, that you know from strategic planning standpoint that whole corridor should be doing well and not be in the dumps, and as all of you know, we've all talked many times about how important the mission was on the Westside of the boulevard, most of which is in Commissioner Teele's district, not mine, and Commissioner Teele and I ended up having a discussion at a Commission meeting where we decided we ought to set up a master planning effort for the entire FEC corridor from the limits of downtown Miami to the northern limits of the City of Miami, from a essentially the railroad tracks west to I-95 most of which is not in my district and he asked me to chair the that effort. Now, we jointly chaired but he really intended for me with my real estate background to lead that 57 May 8, 2003 effort in his district, not in my district. Commissioner Sanchez is Chairman of the Bayfront Park Trust in downtown Miami. Commissioner Regalado chairs the -- Commissioner Regalado: Coconut Grove Marketing Committee. Chairman Winton: -- Coconut Grove Marketing Committee, both of those things are in my District. I think we might have one of the and Commissioner Gonzalez and I haven't had that many opportunities to work vet together because he's the newest guy up here and our districts don't touch each other, but my district touches all the other three Commissioners I have my districts touch theirs. We work together constantly. When there's a problem in my district that's North of US -1, north of the Grove, my constituents call Commissioner Regalado. His constituents call me, and many times we're out there together helping to solve problems. The point to this is that I think that this Commission does look at this City as one Miami and I think this Commission acts that way and I understand the concern because the City of Miami Commission probably hasn't acted as a Commission focused on our entire City in 20 years, so you've gone through some really bad times. We all understand that. I appreciate this Commission appreciates it, but I think we're creating a whole new paradigm that is going to be hard to break down. I don't think I'm going away. You know, I'm running for reelection this November and I don't anticipate that I'm going to lose, but you know, who knows. Maybe I get struck down by lightening and somebody else will pop in. Commissioner Teele just got reelected and the initiatives that you all talked about that I've led on the west side of Biscayne Boulevard well, much of that effort required that I deal with staff people in the City of Miami who really had a focus on the west side of the railroad tracks. Commissioner Teele, never called me up and said what are you doing bothering, poking your nose around doing things in my district? He has never -- Vice Chairman Teele: Never. Chairman Winton: -- ever, ever said that. He has always encouraged any effort that I'm doing to redevelop neighborhoods he has given me complete leeway to do that in kind of a jagged line wherever it works to make our neighborhoods better. I am frankly proud of the opportunity even though from time to time we all get up there and we might have a little duking out deal, but I'm proud of the fact that I'm sitting with these guys because without their votes, I couldn't have done any of the things that y'all are so proud of that we have been able to accomplish together because they could easily have said, and if they weren't to interested in a one -City, how easy would it to be to get and we've seen it many times in the past, to get jealous. Geez, Johnny Winton's doing all these things in his district. We got to be -- you know, let's reign this stuff in. We shouldn't be giving him those resources. We shouldn't be doing this. I haven't even heard a thought of that kind of thing. This group works together to rebuild neighborhoods. We encourage each other to stick their noses in our districts because frankly, even though there are districts, it's still one City and you all have said that. It is one City, and Commissioner Teele and I will work together hand in hand in hand from this point, from the point that I got elected, he was already here, from the point that I got elected until the point of which one or the other of us leaves, and you know, in four more years, for sure I'm leaving if I get through November, because we have term limits, but we will have an awful lot accomplished and I think it created a new foundation that's going to be very difficult for somebody else to tear down. 58 May 8, 2003 Vice Chairman Teele: Commissioner Winton. Chairman Winton: Yes, sir. Vice Chairman Teele: Let me make two observations, first and foremost, district elections is very new in this City and I mean it's only six years old and I think in many ways at large voting created you know, Ms. Quintana just made reference to and that is a very, very unfair perception that all of the Commissioners represent all of the areas because the truth of the matter is no one can represent all of the areas. Single member districting which this discussion is about, is really about in the City of Miami we're sort of like George Washington and Thomas Jefferson, we're at the very beginning of this process. It's a very new process. The fundamental issue that is before us today is that our districts are out of constitutional deviations that are required under all of the supreme court cases that require that the districts be balanced, but I think that the constitutional standards that have come down are also very helpful in having the discussion and the discussion is maintaining natural barriers first and foremost and secondarily maintaining communities of interest, and it's very clear to me that the Biscayne Boulevard line is not historically an community of interest, and it's also very, very clear that while Biscayne Boulevard has served almost in many ways like the Mississippi River. That is, on one side you could have absolute abject poverty on one side, and prostitution, and all of that, and on the other side you could have some of the more affluent houses in all of South Florida. That perception and that reality has been erased through the careful orchestration of neighborhood groups coming together working both sides of the boulevard as one, and I think that's really the most important factor and that is that -- Chairman Winton: Would y' all close that door, please? Close the door. Thank you. Vice Chairman Teele: If Biscayne Boulevard were divided in half, you really would have a road or a highway like the Mississippi River but what's happening on one side has nothing to with what's happening on the other and I think to a great extent it is been over the last 12 to 15 years the coming together of neighborhood associations. This City and I certainly have no interest in delaying or in anyway frustrating the wonderful teamwork and orchestration and therefore I'm very encouraged by the proposal that has been proffered particularly by Bob Flanders from the Upper Eastside and the president of the Upper Eastside Miami Council in that 4th, Northeast 4 Court, which is the compromise that is before us, be recognized as the dividing line. I think that maintains both the elimination of the historic racial boundary which we all know whether you live in Mississippi or Tennessee or Florida that the other side of the railroad track has connotations but it's a historically based factual connotation that dealt with race that began when Mr. Flagler came to Miami where as you well know colored town was built on the other side of the track and it not only was built but it was walled in and people couldn't leave and so, I think we're taking a giant step further away from that history if we can remove the boundary of the railroad track and I think 4th Avenue, Northeast 4th Avenue would be a position that I would like to urge you as the district Commissioner and my colleagues to accept as a compromise position that I think goes -- takes us almost 100 years away from a legacy that we don't want to maintain, but at the same time recognizing communities of interest that have been so eloquently expressed this morning. So, unless the consultant has a violent objection, or a constitutional objection -- 59 May 8, 2003 Chairman Winton: That's probably (UNINTELLIGIBLE). We don't care if he has a violent one he just needs a constitutional one. Vice Chairman Teele: -- but unless there's a constitutional objection, I would move that the proposal that has been so thoughtfully articulated by the Upper Eastside Miami Council, that Northeast 4th Avenue, 4th Court -- I'm sorry, Federal Highway et cetera be the boundary line and I would so move. Commissioner Sanchez: Second. Chairman Winton: We have a motion and a second. Could we hear from the -- from our -- Mr. De Grandy: If I may, Mr. Chair, give comments on the public speakers and also give comments that may help you in evaluating the motion. Number one, as we said again, it is natural for folks would want to stay where they are, if they're satisfied with where they are, but I think they also understand and I talked to some of these good folks and they understand that some shifts were inevitable because of constitutional issues. Now, the movement of 4th Court would involve bringing shifting back some parts of the population into District 2. It will not -- let me repeat -- it will not make the plan unconstitutional or illegal. Here's what it will and will not do and again, my job is to give you facts. You design policy. It will bring down the deviation which is now at nine something which means that because of growth patterns, it will make it more likely that the plan will be malapportioned before the end of the next cycle. Again, let me make clear for the record that is not unconstitutional. You are required to have a constitutional deviation at the time you set the plan. There is ample case law that says that a ten- year cycle is a reasonable time and you don't have to do in term fixes, so all that can be done. Now let me explain to you why your consultants did, what we did you know, in that message of don't shoot the messenger -- Chairman Winton: Is that important for the public record or for you feeling better? Mr. De Grandy: No, for two reasons -- Chairman Winton: Because we're, we have another public hearing. We've got a whole bunch of things that are all stacked up here so, if we don't have to hear it we don't want to. Mr. De Grandy: -- tell you why because we need to establish in the record the motivation for the change. Chairman Winton: Alright. Mr. De Grandy: Now, what the case law tells you is that if you're using traditional redistricting principle issues that are race neutral you have the right to do that, even if in this case, will result in a majority black portion of that community will be put back in a seat where there is not majority black community, so I need to put all that on the record. We used at your direction traditional redistricting principles. The reason we went where we went is because after we 60 May 8, 2003 employed the principle of not using a railroad, the next recognizable major manmade boundary was Biscayne Boulevard. We had to, as your employees, if you will, follow your policy directives. We had no choice. If you ask us now to change that portion of the policy and rebalance to give more emphasis I that area to the issue of uniting and maintaining a community on interest, and I want that noted for the record, that that has been the motivation for the motion. It is consistent with a traditional redistricting principle and therefore it can be done in this case. Vice Chairman Teele: Then would it help if I modified the motion to say for the purpose of maintaining that the boundary would be moved from Biscayne to Northeast 4th Court? Mr. De Grandy: That would be helpful. Vice Chairman Teele: For the purpose of maintaining a historical community of interest is noted by HOK and the City planning department. Commissioner Sanchez: And for my understanding it will not jeopardize this deviation plan and the courts? Mr. De Grandy: No, it will not. Chairman Winton: We have a motion and a second. Do we have further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. Motion carries. The following motion was introduced by Vice Chairman Teele, who moved for its adoption: MOTION NO. 03-442 A MOTION APPROVING THE PROPOSAL OF THE UPPER EAST SIDE MIAMI COUNCIL THEREBY AMENDING THE PROPOSED REDISTRICTING AND DRAFT CONCEPT PLAN BY CHANGING THE BOUNDARY LINE OF THE UPPER EAST SIDE NEIGHBORHOOD FROM BISCAYNE BOULEVARD TO NOW BE NORTHEAST 4TH COURT FOR THE PURPOSE OF MAINTAINING A HISTORICAL COMMUNITY OF INTEREST IN PLACE. 61 May 8, 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 Chairman Winton: Now, what, now we need a motion on then the adoption of the modified redistricting boundaries then. Is that not correct? Mr. De Grandy: Here is what I would suggest, Mr. Chairman. I have everybody available here. We were anticipating passing or having you consider passing the plan this afternoon. If you give me a time certain in the afternoon, I would like you as my clients, to have the benefit of looking at an amended map, seeing it graphically, and seeing the figures. Chairman Winton: What time do you want to do that, five? Mr. De Grandy: That will be fine. Chairman Winton: I'm sorry, sir. Vice Chairman Teele: 5:30, I mean you got a -- Chairman Winton: 5:30. OK, so, we will bring this item back at 5:30 this afternoon. Priscilla A. Thompson (City Clerk): I'm sorry, I'm sorry, Chairman. We do have a 5:30 time certain filed for 5A already. So, you'll have -- Chairman Winton: For what? Ms. Thompson: 5A has a 5:30 time certain. Chairman Winton: Oh, so, how about five then? Mr. De Grandy: Done. Vice Chairman Teele: You've got an 11:30 from Little Haiti. Chairman Winton: Oh, you do? So, six. Mr. De Grandy: I'm available for whenever you say. 62 May 8, 2003 Chairman Winton: Between 6:15, no, no, that would be 5:30? That should be a 15 minute thing so, 5:30's -- Commissioner Sanchez: 6:30. Chairman Winton: So, 5:30's (UNINTELLIGIBLE) so, 5:45 to 6 is when -- Vice Chairman Teele: But with the understanding that we will not reconsider the motion related to that has just been adopted. In other words -- Mr. De Grandy: Let me make sure procedurally that we're correct because the resolution is not before you now. We're in workshop, and so what I interpret the motion is that in direction to your consultant to bring back an amended plan for your consideration this afternoon. That is then, the amended resolution is what will be before you. Vice Chairman Teele: What will be before us is the amended? Alright. Unidentified Speaker: That's absolutely correct and that will be Item 17. You're in workshop right now -- Ms. Thompson: That would be Item 16. Chairman Winton: Oh, so it's Item 16, it's already on the agenda. Alright so -- Commissioner Regalado: Mr. Chairman -- Chairman Winton: Well, I don't do it at time certain you know, how long will it take you to be ready? Mr. De Grandy: Two hours I can be ready. Chairman Winton: Oh, so, after the lunch break sometime we're going to take it in order so that Item 16 comes up, we can do it. Mr. De Grandy: You want to say 2:30? Chairman Winton: No. Be here at 3, between 3 and 3:30 is probably by the time we will get that item. Mr. De Grandy: OK, we'll be here at 3. Commissioner Regalado: Mr. Chairman. Chairman Winton: Yes, sir. 63 May 8, 2003 Vice Chairman Teele: Mr. Chairman, before you do, I do think that we should express and acknowledge our appreciation to Dave Leahy -- Commissioner Regalado: I was going to say something about that -- Vice Chairman Teele: -- and extremely elegant to come today. I had no idea he was here but I think you know, not only based upon the years of tremendous service that he has provided this community, but the fact that Mr. Leahy is here to hear our concerns I think speaks volumes of the county's openness in dealing with the precinct issues and I know that this -- Commissioner Regalado: Precisely. I mean it would be unfair to Mr. Leahy and to the Community Relations Board to make him come back and we have really some issues that need to be discussed and this is not about the redistricting. It's about the polling places, and now that we have David Leahy, David can answer any questions and can give us the idea as to how to go about so Mr. Chairman, I would ask you if you can hear the CRB report on the polling places -- Chairman Winton: Sure, OK. And I'd like to say one last thing about the issue on redistricting and that is I heard people talking about the fact that this was kind of you know, there was some people, not all, but that this was some sort of sneak attack and we didn't have enough public hearings, and Mr. Grandy would you step to the microphone again, please. Mr. De Grandy: Yes, sir. Chairman Winton: What is the requirement in this redistricting process of public hearings? Mr. De Grandy: There is no requirement s for public hearings, sir. Chairman Winton: Would you repeat that please? Mr. De Grandy: There is no requirement for public hearings in redistricting. Chairman Winton: Now, I want y'all to hear that and understand it clearly because I've read it and I've heard it that this is some sort of sneak attack and we didn't get this notice and we didn't get that notice. There is no requirement for the kind of public hearings that occurred in District 2 zero. This is a public hearing so, I think that those out there who wanted to toss that kind of accusatory bolt into the process probably needs to come and eventually apologize to our consultants and staff because that's who they always point their finger at. They're not pointing it at me, but y' all ought to -- those people, and some of you know who some of those people are, I think they do deserve an apology because I think that the consultants and the staff went above and beyond the constitutional requirement to give people an opportunity to say their piece, and so, thank you for that opportunity and one last thing I'd like to also point out to all of you, if you go look at the last map that was drawn and you talk about disenfranchising neighborhoods and separating them, because of a particular Commissioner, District 2 was separated you know, Brickell really as you're going I-95 right down there South Miami Avenue, I-95 to Brickell, that's clearly one neighborhood. The line got drawn because somebody happen to live there a Commissioner that got to go to jail a little later, where the line was drawn so that South Miami Avenue became the dividing line instead of the logical boundary of I-95, so this redistricting, 64 May 8, 2003 while it's controlled in many respects by -- it's guided by the constitution, there's lots of room for maneuvering, lots of room for maneuvering. Trust me, and again I think that the Commission gave the directive to the consultants that we weren't going to put up with that kind of maneuvering. We wanted clean, logical, rational districts and I think that frankly we've gotten that, maybe better than whatever have happened in the old days had they even considered districting back in those times, but to my colleagues, thank you for your support and I think that y'all did a heck of a job, and thank you for all of you coming today, and congratulations also. I think y'all do a heck of a job of trying to bring all of the communities together. It isn't just one ethnic group. Y'all really do reach out both directions, all ethnic groups, keep up the good work, and see you later. (APPLAUSE) Chairman Winton: Now, we're going to go to CRB right? Commissioner Regalado did -- OK. Did he leave? He just said he wanted us to do CRB next so, -- I don't care. He just said it before he left, thank you. Could we get -- Commissioner Gonzalez: Apologize that -- Vice Chairman Teele: We're going to look into that Wynwood thing this afternoon, OK. You always had open -- Chairman Winton: CRB, you're going to -- could we get the CRB report real quick? Who's giving that report? Ms. Thompson: Commissioner. Vice Chairman Teele: OK, thank you. Chairman Winton: Yes, ma'am. Ms. Thompson: Commissioner, Chair Winton, if we can please just have a sort of introductory so, we'll know how we got to where we are today on this item. Chairman Winton: Well, let me ask a question, here's what I'm hearing -- Vice Chairman Teele: Let me do this -- Chairman Winton: I need the Commissioners to -- excuse me, could I get all the Commissioners attention here for a minute? Here's the issue, it is noon, is it noon? It's noon. We have a thing upstairs -- Commissioner Sanchez -- Commissioner Sanchez: Yes. Chairman Winton: -- could -- I need y'all's attention just for a minute here. It's about this scheduling. Commissioner Regalado, excuse me, could y'all could we have no noise in here 65 May 8, 2003 please? Commissioner Regalado asked just before he left that we start the CRB hearing because we had David Leahy here. We also have an 11 o'clock personal appearance and we have a bunch of people here for that. Now, we've got -- and we have the Dade Delegation here waiting to see us so we have three things that we need to get done right now. Obviously we can't do them all at once. I need y'all's guidance here in terms of what we do and what order we do it in - Vice Chairman Teele: CRB, I mean we've asked them to come back twice. Commissioner Sanchez: Mr. Chairman. Chairman Winton: Commissioner Teele, would you put that on the record please. Could y'all, excuse me, could y'all calm it down in here please, please, please? I don't know who all this conversation is doing, but we're trying to run a meeting still, Commissioner Teele. 5. DIRECT MANAGER TO INSTRUCT STAFF TO WORK WITH COMMUNITY RELATIONS BOARD TO COME UP WITH SOLUTIONS TO PROBLEM OF ILLOGICAL PRECINCTS AND TO EXPEDITE PROCESS OF IDENTIFYING ALTERNATE FACILITIES TO BE USED AS POLLING PLACES BEFORE NEXT ELECTION, REPORT BACK TO COMMISSION WITH RECOMMENDED SOLUTIONS AT NEXT COMMISSION MEETING CURRENTLY SCHEDULED FOR MAY 22, 2003. Vice Chairman Teele: Mr. Chairman, the Item that we're in now is Item number 15 the workshop. A component of that workshop is the precinct. We've had those people to come twice from the CRB (Community Relations Board) and we have Dave Leahy here. Additionally, we have an 11 o'clock time certain which follows that item, which we have to hear. We've got Mr. Jones who asked to be heard and the church extended him that courtesy, so I would think that those two things we still have to and we ought to recognize the legislators before we do anything because -- Chairman Winton: They're the unruly part of whatever I got going on here. Vice Chairman Teele: They're the unruly part of what's going on now, but you know, this City owes the state legislative delegation, particularly the senator that's here, former Chairman of the Commission and all of them and I think we ought to at least let them say hello to their constituents, Mr. Chairman, before we do anything. I mean, courtesy requires it. Chairman Winton: Absolutely, so, do we have a spokesperson that would like to step up here? Manny Diaz (City Mayor): With your permission. Chairman Winton: Mr. Mayor, sir. Mr. Diaz: I wanted to tell you how special the current relationship is that all of us share with our Dade delegation. Unlike in years past, the cooperation that we've received from our local delegation has been second to none and there's no greater evidence of that fact than this year as 66 May 8, 2003 all of you know in our legislative package we had the renewal or the new parking surcharge that we wanted the legislature to adopt. You remember the issues that we had a couple of two years back in the legislature to try to get that approved. Well, I'm here to tell you today that the parking surcharge legislation was approved this year during this session that just concluded unanimously. It got out of every single committee of the house in the senate unanimously and passed both the floor of the house and the senate unanimously and we owe that to this group here. We've got, if I can just read off some names. We have the chair of the delegation Rene Garcia, I also want you to know that the majority leader of the house Marco Rubio could not be with us today. He's with family in Las Vegas and the senate pro tempore who's the second most powerful member of the Florida Senate, Alex Diaz de la Portilla is still up in Tallahassee and he couldn't be with us. Those are two great leaders for our community. We hope that someday and not in the too distant future one of them may be speaker of the house and the other may be Senate President, which hasn't happened in this area for a long time. Rene, I'd like you to come up and introduce your colleagues. Rene Gonzalez: Thank you Mayor and Mr. Chairman and Commissioners, thank you for having us here. It's surely a pleasure being here in the City of Miami. We've been gone for about four months between committee meetings and such and it really is a pleasure to be back home. Unfortunately, I don't have constituency in the City of Miami. My district is the City of Hialeah, Miami Lakes and North Dade County, but being Chairman of the Delegation I think that one of the messages that we try to put forward, it doesn't matter what district you live in, it's Dade County and whatever benefits Dade County, benefits every single municipality and every single city in our county so, that's why it's very important to work together as a group and forget about the political families that's been in the past and it's just one county, one delegation and working together very strong, and I'm very pleased to announce me and the Mayor talked about the parking surcharge, but I'm very pleased to announce that this delegation I want to assure you that now we're coming into this special session, that we are very mindful of the City of Miami's priorities and that on Dade County and we have been working extremely hard. We have, let me introduce you to some of our -- we have representative Manny Prieguez who is Chairman of Telecommunications correct business regulations. We have Senator Gwen Margolis. She's our freshman but she's definitely the one that -- she's our freshman member of the Senate -- Vice Chairman Teele: Yeah, right. Mr. Gonzalez: -- exactly. She's the woman, I follow her lead all the time so, I feel very confident that we have David Rivera in the back. We have Representative Marcelo Llorente. We have Representative J.C. Planas. You guys come on, so you got some -- come up here and we have representative Dorothy Bendross-Mindingall here with us as well, so, if we could give them a round of applause and -- (APPLAUSE) Mr. Gonzalez: This is a group that has been working for all of you and I assure you that we've had some tough times, but you know what, there's nothing but good times on the road for us in Dade County as long as you guys keep the pressure on us and that's a reality and make sure that 67 May 8, 2003 we stay together as a cohesive group, so if any of you please, Manny, want to say a couple words Chairman Winton: Yeah, anyone else? Unidentified Speaker: (UNINTELLIGIBLE). Chairman Winton: Sure. Manny Prieguez: First of all let me congratulate the Mayor and you guys. This place looks incredible. I mean absolutely incredible, it's just beautiful. This is the first time that I'm back here since all of the remodeling was done and it's awesome to see this kind of thing going on in the City of Miami and I do have constituents here -- Chairman Winton: A lot of them. Commissioner Sanchez: A lot of them. Mr. Prieguez: -- yeah, it was a tough year and there was a lot on our plate up in Tallahassee and we did our best for this state and we're going to have to unfortunately go back. We weren't able to finalize the budget, but when we come back, we're going to have a real good budget, a responsible for the whole state, and I think the City of Miami should be you know, especially happy with the things that went on in Tallahassee for the City. I think the people will not have a choice a decision to make with the surcharge and they'll have another tool to able to be able to improve downtown Miami and to lower their taxes, so I was very proud to be a part of that and I thank you all for your support of us up there. Chairman Winton: Thank you very much. Senator. Senator Gwen Margolis: Regardless of what the newspapers say, democrats and republicans in Dade County get along very, very well and we're all here to really benefit the communities so that we represent. You happen to be one of the largest communities that I represent, but I have 20 cities in my district and I spend a lot more time on your stuff than anything else. Anyway, it's a delight to serve you and I'm very, very pleased to be here. Chairman Winton: OK, thank you very much, Senator. Dorothy you represent a big chunk of the City -- Dorothy Bendross-Mindingall: I was just waiting for the nod. Good to see all of you, good to be home if it's no more than a couple of days but we're here and we're going to celebrate mothers day in a big way. I want you to know that some of my people are here to speak before you. They didn't tell me that they were going to be down here. We'll talk later. Thank you though for the opportunity and I do serve the City of Miami. Angel, you all know that and we're working very, very hard. Some things that we can agree on with both sides of the aisle. Some things we can't, but we all fight for Miami. Thank you very much. 68 May 8, 2003 Chairman Winton: Thank you, anyone else? Well, we would like to get a picture up here so, if no one else wants to -- Mr. Chair, if you wouldn't mind it you could have everyone come up here. Mr. Prieguez: Everyone, go up there. Chairman Winton: Yes, up here, yeah. Mike Abrams: Thank you, Mr. Chairman, I truly appreciate it and just for the Commission sake and for the City of Miami and for Dade County, just rest assure that at the end of the day, we're going to be taken care of, and we're working very hard for that. Chairman Winton: Thank you very much. Actually, we know that. We appreciate it. We've watched y'all in action and y'all are doing a heck of a job for us and we really do appreciate it. Mayor Diaz: Mr. Chairman, I forgot to mention the fact that our legislative team is here and those are the people that we send up there to harass -- (APPLAUSE) Commissioner Sanchez: Don't let them take all the credit for it. Mr. Abrams: Mr. Mayor, Mr. Chairman, on behalf of the team, it's a privilege for all of us that represent the City of Miami. It's a great honor. We're proud of this City. We thank the confidence of the City Commission, but most of all, we thank Representative Garcia and the rest of the Dade delegation for the great leadership and unity that they showed on behalf of the City of Miami. It was not easy to pass the bill this year, any bill and we couldn't have done it without a unified Dade delegation. (APPLAUSE) Chairman Winton: Commissioner Sanchez. Commissioner Sanchez: Yes, sir. Chairman Winton: OK, we've go the Dade delegation folks that we love to death. You guys are all great. We think you're wonderful, but we still have a long agenda, so Mr. Mayor, could you take all of our friends upstairs so, we can, those of us who still have to work and all these fine folks sitting here in the audience that also have to work, so we can get on with our with work and y'all can go have lunch. Commissioner Sanchez, you asked -- Steve, y'all go that way, please. Could you -- you asked that there's an item, what is it? 69 May 8, 2003 6. RELATED TO CHILDREN'S RIDE FOR HOPE EVENT TO BE HELD AT ROBERT KING HIGH PARK, ON JUNE 1, 2003; AUTHORIZE WAIVER OF ALL FEES AND PERMITS PERMISSIBLE BY LAW, AND PROVISION OF IN-KIND SERVICES BY DEPARTMENTS OF POLICE, FIRE -RESCUE, MUNICIPAL SERVICES, SOLID WASTE, AND PARKS AND RECREATION; ALLOCATE FUNDS FROM SPECIAL EVENTS FESTIVAL, $2,100; CONDITIONING SAID AUTHORIZATIONS UPON ORGANIZERS. Commissioner Sanchez: All of the personal appearance, let's see if we can get them out of here because you know, they've come up here. Chairman Winton: Well, that's what this whole group is also by the way. It's a personal appearance. It's like a whole ton of them. Commissioner Sanchez: OK. Chairman Winton: This personal appearance is going to take a little longer. I would accept your one personal appearance, because apparently the management has recommended approval so could we -- Commissioner Sanchez: It's Item 3. Mr. Paul Hale is here. It's been recommended by the administration and -- Chairman Winton: Would you make a motion? Commissioner Sanchez: Yes, sir, so move. Sir, could you please step up and state your name for the record? Chairman Winton: But it's recommended by management right? Commissioner Sanchez: Yes, sir. Chairman Winton: OK, so, yes, sir. Paul Hale: Thank you Commissioner Sanchez. Thank you Commissioners for allowing me to speak real quickly. I'm one of the founders of the children's brain trust and real quickly, our mission statement is -- Chairman Winton: Excuse me, I'd rather not be real quickly. I'd like to have your name and address and we've got a motion we've got a lot of people waiting, so we have a motion and a second. Further discussion? Being none all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. Motion carries. 70 May 8, 2003 The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-443 A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO THE CHILDREN'S RIDE FOR HOPE EVENT TO BE HELD AT ROBERT KING HIGH PARK, ON JUNE 1, 2003; AUTHORIZING THE WAIVER OF ALL FEES AND PERMITS PERMISSIBLE BY LAW, AND THE PROVISION OF IN-KIND SERVICES BY THE DEPARTMENTS OF POLICE, FIRE -RESCUE, MUNICIPAL SERVICES, SOLID WASTE, AND PARKS AND RECREATION; ALLOCATING FUNDS, FROM SPECIAL EVENTS FESTIVAL ACCOUNT NO. 001000921054.6.289, IN AN AMOUNT NOT TO EXCEED $2,100; CONDITIONING SAID AUTHORIZATIONS UPON THE ORGANIZERS: (1) OBTAINING ALL PERMITS REQUIRED BY LAW; (2) PAYING FOR ALL OTHER NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (3) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER; AND (4) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado Chairman Winton: Sorry. Mr. Hale: Thank you very much. 7. TABLED: NEIGHBORS AND NEIGHBORS ASSOCIATION INC. (N.A.N.A.) TO ADDRESS LICENSING AND CODE COMPLIANCE CONCERNS ON BEHALF OF SMALL BUSINESSES (See #9). Vice Chairman Teele: Mr. Jones' item, you know, it's just not right to -- Chairman Winton: I know, exactly so -- Vice Chairman Teele: -- and we've got the precinct issue here. 71 May 8, 2003 Chairman Winton: So, Leroy, we had a discussion about this. Commissioner Teele suggested that we -- and I'm not doing any of the other personal appearances. The discussion over precinct issues is part and parcel of the subject that we had on redistricting that took much longer than we anticipated, so how long will this discussion on the precinct thing go on? Anybody got any idea? I mean, is this a -- Vice Chairman Teele: You got to give us a timeframe. Chairman Winton: Yeah, because you know, we've got -- Unidentified Speaker: (INAUDIBLE) Chairman Winton: -- Leroy, how much time are you going to need? Leroy Jones: We won't need -- Chairman Winton: Let me ask you a question, because I've got all of these folks who say their going to talk. If I have everybody talk, that's going to take a long time, so if this is going to take a long time, I'm going to put you in line behind this item, which was a -- Mr. Jones: We was going to let them go in front of us because they originally told me it was going to take five minutes. Chairman Winton: Well, so, I'm going to give you an option. If you can keep yours to 10, no more than 10, we'll move, we will let you come now, but this isn't going to take five, because it's part of a crucial issue that relates to y'all being about to vote, where you need to vote, and that's a fundamental right in America, and I don't want to get into a position where I'm really rushing that issue just because we're trying to get somebody else in. This is fundamental to our rights so Mr. Jones: Commissioner we -- Vice Chairman Teele: Let's just take Leroy's item up and limit it to five minutes. I mean, I think and anything over five minutes would have to come back in the afternoon and limit the other group to 10 minutes and be through with it. Chairman Winton: Alright. Vice Chairman Teele: Unless -- Mr. Jones: I don't know Commissioner because I think five minutes and probably even 10 minutes is probably not enough time, with all due respect, because we got business owners that some close their business to come down here you know, just to speak of problems they're having in the City, so -- 72 May 8, 2003 Chairman Winton: Did you speak to the Manager about this? Mr. Jones: No, but I did spoke to -- Chairman Winton: Well, here's the point I'm going to make, Leroy, and I wrote it down for a number of these public appearances, and I'm going to get a motion passed before here. I'm going to get a motion passed that we are not going to allow public appearances in the future, if whatever the issue is hasn't been long before management, so management can deal with these issues, because many of the things we hear are not public policy issues. It's getting the job done issues, and you need to talk to the management, and if you can't get resolution from the people who have to get out there and do it, then you can come before the Commission. Mr. Jones: That's why we're here, Commissioner, because I did that. I went to not to the Manager, but I did went to the director that was over the code enforcement, so I had a meeting with them and we couldn't resolve anything now and that's why we're here so I did that. I understand protocol very well. Chairman Winton: OK, Leroy I'm going to give you a choice. This thing is going to take more than five minutes. It's probably going to take, it may take 20 minutes and so, you're either going to figure out how you're going to cut the timeframe down, or I'm going to take them in front, your choice and we'll move you to three. Mr. Jones: I think because our issue dealing with people livelihood and different from voting. We talking about people being able to eat -- Chairman Winton: Leroy -- Mr. Jones: We'll let them go and we'll just wait out for them. Chairman Winton: OK. Mr. Jones: We'll let them go first. 8. DIRECT MANAGER TO INSTRUCT STAFF TO WORK WITH COMMUNITY RELATIONS BOARD TO COME UP WITH SOLUTIONS TO PROBLEM OF ILLOGICAL PRECINCTS AND TO EXPEDITE PROCESS OF IDENTIFYING ALTERNATE FACILITIES TO BE USED AS POLLING PLACES BEFORE NEXT ELECTION, REPORT BACK TO COMMISSION WITH RECOMMENDED SOLUTIONS AT NEXT COMMISSION MEETING CURRENTLY SCHEDULED FOR MAY 22, 2003. Chairman Winton: OK, now, CRB (Community Relations Board). Priscilla A. Thompson (City Clerk): Commissioner, if we can just to introduce the subject item and to let you understand and to remind you why we're here. Back on November 19, 2002, the Commission approved a motion directing the City Manager, City Clerk and the City Attorney to work together with the NET (Neighborhood Enhancement Team) office and the Community 73 May 8, 2003 Relations Board to define the problem of illogical precinct locations, district by district, and precinct by precinct, and make recommendations for new precinct locations; further directing the Manager to bring back a report to the Commission within 120 days; further instructing the City Clerk to submit a copy of said report to the Miami Dade County Supervisor of Elections, and to that end, we've had meetings and this is our final product and presentation that we're making to you today. Linda Romero: I thank you very much. I'm Linda Romero. I'm Commissioner Winton's appointee to the Community Relations Board. We're going to have a presentation. What I did for order to research this project, I was trying to get maps of the City of Miami's Commissioner districts that define the precinct boundaries and the exact physical location of the polling sites and at that time, there were not any maps that reflected that. They used pin heads to put I the maps the polling sites and that probably makes sense because everything is somewhat fluid, as you see, from the presentation before us, but I think we're going to proceed into the power point presentation and Francisco Garcia from the NET office, he's the Assistant Director, assisted us in this. Chairman Winton: Francisco, you got to -- Ms. Romero: A little technical -- maybe they -- in front of you there, you do have maps like this. You also have a map collection of all the precincts together and there's a large map in your package as well -- and we lost the power point, OK. The voting precincts and the polling locations and the precinct configuration in the City of Miami, they're determined by different factors. The voting precinct boundaries are the result of overlaying the many different single member districts for all elected offices. These include federal, state, county and municipal elected offices. The result is there are approximately 120 voting precincts in the City of Miami, 124 precincts in the last election and we have an overall map of the City of Miami, which each Commissioner's District highlighted in a different color, and a part that when we get to the individual maps are going to be fuchsia color which locates the polling sites. There's 124 precincts, 21 shared precincts, and one precinct that -- and one is shared by three different districts. In Commissioner Gonzalez District 1, there are 33 precincts and 8 shared precincts and you can see the boundaries of the map there. District 2 is Commissioner Johnny Winton's District, there are 45 precincts and 12 shared precincts. In District 3, which is Commissioner Sanchez's district, there are 19 precincts and 4 shared precincts. In District number 4, Commissioner Regalado's district, there's 20 precincts, 6 shared precincts, and in District 5, Commissioner Teele's district, there's 27 precincts and 11 shared precincts. For the City of Miami, the challenge before us is the voting precincts and the polling locations and the main challenge is Miami Dade County is geographically extensive and its population widely spread out in distinct clusters. The ultimate configuration of the voting precincts must obtain approval from Tallahassee prior to referral to the County's office of the Supervisor of Elections for polling place selection. This referral takes place frequently two to three months prior to Election Day which is the dilemma before you that was presented in De Grandy's presentation and the time limits. The criteria for the voting precincts and polling locations is they must be located and selected and the following criteria: A, provide one location for every 1300 to 1800 registered voters; B, having voters from different precincts -- avoid having voters from different precincts voting at the same location in order to avoid confusion and supervise polling locations in 74 May 8, 2003 proximity to the voters, and that's going to cause confusion in the shared precincts and some of the Commissioners districts, and the other consideration says that the governmental and institutional facilities are preferable since if asked, they must provide a space. Privately owned facilities may refuse cooperation. The facilities must be properly outfitted with ADA (Americans with Disabilities Act) compliance accessibility and adequate facilities such as properly sized parking sites, assembly halls, onsite restrooms, and convenient parking. C, the facilities would preferably be otherwise unused on the day of election so as to avoid confusion and we saw where that happened in one of the Commissioners District where they were having a fair going on at the same time as voting and people couldn't access the site and didn't have parking, so and going back to the specific questions on the Smathers Senior Citizens Center, residents in that center, it's a polling site because of another district in precinct 576, they had no polling site. They shifted their voters to vote in the Smather's building, which is located in 575 and moved those voters, registered voters, to go to within the same precinct 575 to vote. However, they didn't realize that there was elderly people, handicapped people that resided in that building and it did cause undue hardship on them. Chairman Winton: Can I interrupt you for a second? Ms. Romero: Sure. Chairman Winton: It seems to me that what we really want to get focused on is whatever the problems are and your recommended solutions. I don't think we need a lot of the -- Ms. Romero: OK, well, the record -- Commissioner Gonzalez: Mr. Chairman, if I may -- Chairman Winton: Yes, sir. Commissioner Gonzalez: May I -- I got a big concern here because looking at my district they say that I have 33 precincts. That number can't be right. District 1, and I know this because I worked Willy Gort's campaign in a couple of occasions and he had 22 precincts. That's what I had in 1991. There is no way that I can have 33 precincts now. Commissioner Regalado had 20 precincts and Commissioner Sanchez which I had the occasion to work on Humberto Hernandez's campaign and then I also worked with Commissioner Sanchez campaign, they had 20 and 19 precincts and I had 21 precincts, so how can I have 33 precincts? There is something wrong with this number, definitely, or at least in my district. Ms. Romero: Well, I can't -- what I believe might have happened is that they did change the numbers and they did increase some precincts and I'm not sure -- Vice Chairman Teele: Doesn't the Clerk keep that record. Ms. Thompson: If you look at your power point presentation. We gave you the total number of precincts, but some of those precincts are shared precincts so they may be double counted, OK, that's why you have them there because in the counting. 75 May 8, 2003 Commissioner Gonzalez: Even with the shared precincts that I share with Commissioner Teele and Commissioner Regalado in Flagami I had 22 precincts in my last election in 1991. So, I don't know it could had increased to 33 in two years. Ms. Thompson: We did have an increase of precincts from 98 precincts total citywide before 2000 to 110 reprecincting within July 2002 for the November elections so, there were some increases in the precincts between the elections. Chairman Winton: And are you telling us that the number of precincts that y' all have here -- Commissioner Gonzalez: Does that mean that the number of voters are going to be reduced in each precinct? Ms. Thompson: No, no, the assignment -- well, the assignment might shift according to how they restructure the precincts, but if you look on your large map you'll probably be able to see where when some of the districts cross that you'll see them sharing precincts and when we count, we count the precinct number in your district as well as the next persons District. Joel Maxwell (Deputy City Attorney): Madam Clerk, I think you may even have some districts that you have triple count. Ms. Thompson: Yes, we do. Ms. Romero: And that is, let's see -- Chairman Winton: So, can we go on then? Continue. Ms. Romero: -- so the bottom line is that our recommendation is that an independent committee be formed either by appointees or City staff to work with the NET offices to identify facilities that would work as a logical polling site within each precinct. The reason the NET offices have cropped up a couple times today is because they know their district, they know their area and because this is extending the scope of the Community Relations Board and the people who work on it. That would be or recommendation. Chairman Winton: Do we have a citywide problem or do we have a problem with a few precincts? I don't know of a problem at all in my district so, is this a citywide problem or is this a problem in a few specific areas? Ms. Romero: Well, I believe it's probably mainly in three. If you look at the shared precincts I would suspect that's part of the problem. For instance, in your district, you had to go past an armory, one that was a state facility, so they can say no because of homeland security, but there's no polling site in precinct 530 so -- Chairman Winton: So, y'all have identified the places where there is a problem and that's a finite number of areas -- 76 May 8, 2003 Ms. Romero: Yes. Chairman Winton: -- where there is a specific problem so, can't we direct -- fellow Commissioners, can't we direct the City Manager to figure out what staff he needs to work with the Community Relations Board that's identified the specific problems and to expedite the process to identify alternate polling places so that we can get this problem solved before the next election and report back to us. The Manager can report back to us within -- what's the deadline we need to meet? Is this within three weeks or a month, what was that I heard? Ms. Romero: I thought three weeks is what I heard. Commissioner Winton: So, when's our next Commissioner meeting? It's before three weeks right. Ms. Thompson: Our next Commission meeting is May 22nd Chairman Winton: Is that before three weeks? Ms. Thompson: Yes. Chairman Winton: OK, so, could we get a motion to direct the City Manager to work with the CRB and anybody else he needs to work with to identify solutions to the problem that the CRB has identified and report back to us at the next Commission meeting with recommended solutions to the problem. Commissioner Gonzalez: So move. Commissioner Sanchez: Second. Chairman Winton: So, we have a motion and a second. Discussion? Being none all in favor, LL " aye. The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. Motion carries. 77 May 8, 2003 The following motion was introduced by Commissioner Gonzalez, who moved for its adoption: MOTION NO. 03-444 A MOTION DIRECTING THE CITY MANAGER TO INSTRUCT STAFF TO WORK WITH THE COMMUNITY RELATIONS BOARD TO COME UP WITH SOLUTIONS TO THE PROBLEM OF ILLOGICAL PRECINCTS IDENTIFIED BY THE COMMUNITY RELATIONS BOARD, AND TO EXPEDITE THE PROCESS OF IDENTIFYING ALTERNATE FACILITIES TO BE USED AS POLLING PLACES BEFORE THE NEXT ELECTION, FURTHER TO REPORT BACK TO THE COMMISSION WITH RECOMMENDED SOLUTIONS AT THE NEXT COMMISSION MEETING CURRENTLY SCHEDULED FOR MAY 22, 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 Chairman Winton: Thank you very much for your hard work. 9. DIRECT MANAGER TO BRING BACK REPORT TO COMMISSION WITHIN NEXT 30 DAYS ON ISSUE RELATED TO SMALL BUSINESSES IN MODEL CITY BEING TARGET FOR FEES OWED ON OCCUPATIONAL LICENSES AND OTHER UNCOMMONLY ENFORCED FEES (See #7). DIRECT MANAGER TO BRING FORTH COMPLETE REVIEW WITHIN 30 TO 60 DAYS OF ALL OCCUPATIONAL LICENSE AND OTHER FEE REQUIREMENTS STATED IN CITY CODE FOR SMALL BUSINESSES CITYWIDE TO DETERMINE IF COMMISSION CAN AMEND CURRENT CITY REGULATIONS IN ORDER TO SIMPLY PROCESS OF OCCUPATIONAL LICENSING. Chairman Winton: Leroy Jones. And, Leroy, I will ask you, also, and all the folks that are going to testify, we would really appreciate it if y'all wouldn't -- be mindful of what the people before you said about whatever this issue is and try not to repeat what they said. We'll get it, so -- and that'll make this whole process go more quickly and y'all can get back to work and go make money. You're on, Mr. Jones. Leroy Jones: Thank you, Commissioner -- Commissioners. First off, I'd like to thank you all for allowing us this time certain item to speak, on behalf of the small businesses in the Liberty 78 May 8, 2003 City/Model Cities area. We're having some difficulties in that area. I don't know if you all are aware, but recently, over the last few years, over 7,000 people been relocated out of that neighborhood. And it's taken a dramatic effect on the small businesses in that area. Before this move started taking place, I met with the City and tried to get the City to put something in place to help the businesses that was already established, so that they could stay in business until whatever the new changes was going to be made in the neighborhood. Well, nothing never was resolved when it came to that issue. Recently, in the last year of that area -- and maybe the whole City of Miami. I'm not sure -- the City is enforcing license requirements that they never did in the last 25 years. I'll give you a prime example. If you come down here and apply for your occupational license, your Certificate of Use, the only time you would have -- you would never have to come back here and reapply again, which means the license that you got at that point in time, the only time you would have to reapply again if you didn't pay the fee the following year and they cancelled the license. But as long as you paid it every year, you would get the notice in the mail to pay the Certificate of Use, Occupational License, whatever license it was. Well, you got some businesses in that area been in business 20, 25, 30, 45, and one business 52 years that applied for their license 52 years ago -- 30 years ago and always paid it through the mail, so they never had to come back and go through the process again. Mr. Brewton -- Mr. Brewton, where are you? Mr. Brewton owns a grocery store on 70th Street and 15th Avenue. About less than a year ago, he was approached by a City of Miami officer requesting to see a copy of his ice license. Now, when Mr. Brewton got his license 25 years ago, they didn't require or they didn't enforce him having an ice license. When he paid for his license, he got a merchants license and a retail license, and whatever tobacco license that was required and so forth. Well, even today businesses is under the impression that once you get your retail license and your merchants license, that the ice license and ice cream license fall under that. Well, it don't. Mr. Brewton was approached. By not having an ice license, he was cited. Chairman Winton: We require an ice license? Commissioner Gonzalez: And ice cream license? Chairman Winton: Excuse me. Mr. Manager, do we require an ice license? Victor Monzon-Aguirre: Victor Monzon-Aguirre, Chief of Neighborhood Services. Commissioner, apparently we do. It's unbeknownst to me, but -- Chairman Winton: OK. Let me -- hold on. Leroy, who is it that you said you worked with in the Manager's office to deal with -- I already get the gist. Who did you work with in the Manager's office to -- Mr. Jones: Well, I spoke to the director that was over -- I think it was last week or maybe 10 days ago -- the Director over -- Chairman Winton: OK. I get it. Listen -- and I'm going to apologize to all of you for -- you know, we had this at 11, but you see what happens in these things and stuff goes over and -- but is there another theme to this whole thing? 79 May 8, 2003 Mr. Jones: Yes, sir. Because you've got to understand now -- Chairman Winton: No, no, no. Mr. Jones: Yes. Chairman Winton: I'm asking if there's another whole point to all this, because I get this thing right now. Mr. Jones: Yes, sir. Chairman Winton: And I'm going to tell you what I want to do about it. Mr. Jones: It's more to it. Chairman Winton: All right. Well, OK. Mr. Jones: And the reason -- Chairman Winton: So, move from that piece because I'm going to tell you what we're going to do about it in a minute, and tell me now the next issue. Mr. Jones: But, Mr. Chair, I have to say this. Chairman Winton: I get it. And I'm going to tell you what we're going to do about it. Mr. Jones: But this part you have to get. Mr. Brewton had to go to court. He was faced with being arrested for that. Chairman Winton: I get it. Mr. Jones: OK. All right. Chairman Winton: Move to the next issue, like I said. Mr. Jones: OK. The next issue is, because of the new requirements that the City is enforcing, the businesses have to pay more fees to endure those licenses, which means they don't have the money because if -- in the last few years, over 7, 000 people been moved and now the City is enforcing new licenses, it makes the businesses feel like they're being forced out. Because, you know, you can't expect to move 7,000 people and then think that now I've got to add on four more license to this business owner when they barely making it, you know. So, it's -- that -- you know, that's a -- it's a real tough thing to swallow, if it's our job to keep small businesses in business and then you come back and do that. Recently, Ms. Miller -- Ms. Miller, where you is, Ms. Miller? Ms. Miller was visited by someone from the occupational license inspection office. And if you look at this form, it allows the City to come in a business and review their personal 80 May 8, 2003 books and records without notice, if you read this form. And according to this, it's another occupational license fee that's tacked on. So now the City needs to know how much inventory I have in my business and charge me another fee for having inventory, when I already have to pay the government at the end of the year for that, and that's another license that -- another requirement, another license that's being enforced. This a copy of it right here. And according to this, if I read this correctly, the Finance Department or designee, including occupational license inspector, is authorized to inspect the business premises and business books and records of the license of applications in the event of determining the reasonable (UNINTELLIGIBLE) that they need to establish the amount inventory, determine its value and purposes of compliance in the article -- of this article." Chairman Winton: And we all also, by God, get to know -- want to know who your barber is and what side you part your hair on. Mr. Jones: But, Commissioner, this is real scary. This is real scary when somebody can come in, unannounced, and say, "Give me your books. And let me see your daily books." Chairman Winton: Leroy, hold on. Commissioner Teele, do you mind if I make a recommendation here? Vice Chairman Teele: I don't mind if you make a recommendation, but what's being discussed is absolutely frightening. Chairman Winton: Yeah. Vice Chairman Teele: First, that we have City staff that doesn't have a function that puts them, you know, on this track. I've never heard of this. I mean -- so, obviously, the first question is, why are they targeting a particular community? And if not, then we need to look and see, you know, why we're enforcing something, like an ice license. I mean, obviously, the ice license is something that should have gone out with the ice man. You know, I could see when you had an ice man delivering ice, you know, but I don't see that now. I mean, this is scary. Chairman Winton: So, here's my recommendation. We can go round and round here. I think -- and particularly because the businesses in that area are affected by a whole host of things. We do want to keep small business in business. And it seems to me that -- and the City Attorney will have to opine here a bit -- but it seems to me that we need to, in this kind of area, place a relatively short moratorium on the enforcement of these issues that we're talking about. City Manager needs to get his staff to work with the businesses and our regulations here, and figure out what these real issues are and bring back a series of recommendations to this Commission so we can deal with the policy implications of whatever this stuff is. And the only issue, I guess, that I ask of the City Attorney is whether or not or not, from a legal stand -- this moratorium thing, which we seem to do all the time about lots of other things, this enforcement moratorium, which I would like to put in place, until such time as we can understand what all the issues are here surrounding this stuff that I don't understand, never heard of, and get recommendations back to this Commission to deal with it. 81 May 8, 2003 Commissioner Gonzalez: Mr. Chairman. Chairman Winton: Who said that? Oh. Well, let me -- I need to get an answer from the City Attorney first, please. Joel Maxwell (Deputy City Attorney): Well, a moratorium on the additional fees that may be charged for actually going in and assessing the amount of occupational license that may be due would be something, I think within the purview of this Board. The occupational license itself is not a fee. It's a tax. You don't have any discretion in that at all, so -- and I think that's one of the issues here, that they're being charged -- though it sounds, based on at least what I've heard so far -- they're being charged for the cost of going in and determining what they owe for their occupational license. And it's a two- or three-step process. One, they have to get an occupational license, and two, a lot of it is based on inventory and so forth. So, the State or the City or the County, as the case may be, should and does have the right to go in and determine if that's correct, but the cost of doing that is something that is within the purview of this Commission. Now, unnoticed -- Vice Chairman Teele: But, Mr. Chairman -- Chairman Winton: I think -- Vice Chairman Teele: I don't even know that we, as a City, want to be in that business. I mean, why do we need to go out and do inventory of a business? Mr. Maxwell: I don't think it's -- Vice Chairman Teele: I'm talking about -- Commissioner Sanchez: I think the businesses are required to put an affidavit as to what their inventory is. Commissioner Gonzalez: Not really. Vice Chairman Teele: To the City? Commissioner Sanchez: Yeah, to the City. And then the City -- Vice Chairman Teele: But why? Commissioner Sanchez: -- under the Charter, could go out there and -- Vice Chairman Teele: But why? I mean, my question is, we're the policymakers. Is there anybody on this Commission who feels that the City should be in the business of doing an inventory of businesses? Commissioner Sanchez: Absolutely not. 82 May 8, 2003 Commissioner Gonzalez: That's -- I'm -- Mr. Maxwell: No. Mr. Chairman -- Chairman Winton: We can't even collect occupational license fees. I mean, never mind doing inventory. Mr. Maxwell: Mr. Chairman, if I may. This -- what's happening here is, that inventory deals with the regulation of the occupational license. It's really making -- if you look at the -- at provisions of Chapter 31, it says -- there's a litany of occupational licenses, as you well know. And what happens is that -- it says that if a person sells from 100 to 200, say, items, that occupational license is a certain amount. And if they go beyond that -- Vice Chairman Teele: We need to re-engineer. We need to change that whole scheme of regulatory approach. This is -- Chairman Winton: Right. And I'm going to -- (APPLAUSE) Chairman Winton: I'm going to withdraw my question because it isn't going to -- so, we need to direct the City Manager to work with these folks, beginning immediately, to come back here -- Vice Chairman Teele: And the City Attorney. Chairman Winton: And the City Attorney -- to bring back a series of recommendations that deal with the very real issues that these folks are dealing with. And -- how do I say this so I don't have the City Attorney involved again? So, apparently, we can't just do an overt blanket moratorium, but I can tell you that this City has been famous for years at being a little more lax in terms of its universal enforcement of everything. And, so, you know -- you know what I mean? That's all I want to say there. So, would you please work with this community and bring something back to us within a month, so we understand what the issues are and recommend solutions for a very real problem for small businesses that we want to keep? Commissioner Sanchez: Mr. Chairman, very brief. Chairman Winton: Yes, sir. Commissioner Sanchez: I would like to know all the licenses that are required, the fees and stuff. Because, you know, we've heard today ice. Ice. That's -- Chairman Winton: Shocked. Commissioner Sanchez: I've never heard of that. And I'm shocked on that. 83 May 8, 2003 Vice Chairman Teele: But what department is doing this? That's what I need to understand. Regina Miller: Chairman, also included in this additional license for inventory, we have to give our internal revenue form. They don't just take our word. We have to give the "E" Form of our form that we send to Tallahassee, which gets into our privacy, you know. Priscilla Thompson (City Clerk): Excuse me. Ms. Miller: It's not like they just tell us to write up something -- Vice Chairman Teele: You need to just put your name for the record, for the Clerk. Chairman Winton: Yeah. Ms. Miller: Regina Miller. Chairman Winton: The address, too, please. Ms. Miller: 6804 Northwest 15th Avenue. And to also add to the license: I was arrested because of no license. My license -- the City -- Vice Chairman Teele: What year -- when was this? Ms. Miller: When? A few months ago. I had to go to court. And because the license, the way they are printed, they have the print date, I think, of when our licenses are issued. And the judge don't know how to read it, so he tells me to go back because my license are expired. I had to go back and then have my license retyped up and put a right date on it. Vice Chairman Teele: Mr. Chairman, I need to know from the Manager, what department is leading this? And I really would like to meet with the Manager and the department head personally to understand, first of all, why the poorest of the poorest district -- Ms. Miller: Thank you. Vice Chairman Teele: -- in the poorest City would be out front on something like this. This is -- Chairman Winton: Right. Vice Chairman Teele: This is -- Commissioner Sanchez: No. But I think issue is throughout the City. If we could have a complete review of all these licenses and see how we could simplify this and address the concerns of the citizens. I mean, that's what we need to do. Vice Chairman Teele: But I still want to know from the Manager what department is doing this? Where is this coming from? 84 May 8, 2003 Chairman Winton: Hold on. Let him answer. And I'm sorry, Commissioner Gonzalez. I'll come back to you. Let him answer this. Larry Spring (Chief of Strategic Planning, Budgeting & Performance): It's coming from the Finance Department, Commissioner. Chairman Winton: The Finance Department doesn't enforce anything. The Finance Department doesn't have the policemen to arrest someone. Commissioner Sanchez: Apparently, it's not coming from the Finance Department. Linda Haskins: Linda Haskins, Chief Financial Officer. This is something that is already on our plate to address. We have Code Enforcement issues from a number of departments, and the morass that people go through. What you're hearing today, we have noted and are working on a system to change. Vice Chairman Teele: But who initiated -- Ms. Haskins: We have fire inspectors -- we have fire inspectors -- occupation -- Vice Chairman Teele: But, Linda -- Ms. Haskins: -- out of Fire -- Vice Chairman Teele: Linda, we're not hearing about Fire today. Ms. Haskins: OK. Vice Chairman Teele: We've got a man who stood up and said I've been in business for 45 years; who said, recently, after 45 years of business, they've come to him and said you've got to do this, that and that. What department is doing that? Ms. Haskins: The Revenue Task Force was han -- that was done several months ago, was done out of the NET (Neighborhood Enhancement Team) offices. Vice Chairman Teele: So, there's a Revenue Task -- Ms. Haskins: There's a Revenue Task Force that was established under the prior Manager. That was stopped in the end of January, OK, to take a look at the whole way that things are getting done. Because what we see -- (COMMENTS OFF THE RECORD) Ms. Haskins: Right. 85 May 8, 2003 Vice Chairman Teele: Mr. Chairman, this is a nightmare. Chairman Winton: I don't disagree with you, at all. Vice Chairman Teele: And especially for this to be done on 15th Street -- 15th Avenue -- Chairman Winton: I don't think anybody up here is dis -- right. Vice Chairman Teele: It's like something's being targeted. (COMMENTS OFF THE RECORD). Chairman Winton: So -- but I could tell you, I own a business and I've never had to pull out my IRS (Internal Revenue Service) form, that I know of. I own a business. I've never had to do that. Vice Chairman Teele: But why would we, as a City -- Chairman Winton: Right. Vice Chairman Teele: If you take an IRS form, which is confidential, it's public record. Chairman Winton: I agree. Vice Chairman Teele: Why do we need to be in that business? Chairman Winton: So, all of us agree on this. The question is, what are we going to do about it now? And I'm going to recognize Commissioner Gonzalez and then we're going to come back to that. Because there isn't a reason to waste all these people -- I think there -- we are -- there's a solution. Vice Chairman Teele: Somebody -- Chairman Winton: Commissioner Gonzalez. Mr. Maxwell: You certainly have the authority to direct the Manager -- Chairman Winton: I recognize that clearly. Mr. Maxwell: -- to halt that. Chairman Winton: Yes, sir. Commissioner Gonzalez, you asked to be recognized. Your mike's off. Commissioner Gonzalez: My question is, was anybody at any of these businesses taking an inventory? Did anybody physically went into a business and did an inventory? 86 May 8, 2003 Ms. Miller: No. Chairman Winton: You mean, did -- Commissioner Gonzalez: No? Ms. Miller: No. I sent my Internal Revenue -- Commissioner Gonzalez: Let me explain it to you, because I assisted a lot of businesses in Allapattah working on a CBO (Community Based Organization) to obtain their occupational license and to obtain their Certificate of Use. The way you classify how much you're going to charge a business that is in retail and wholesale is according to the inventory that they have in the store. Ms. Miller: Right. Commissioner Gonzalez: OK. In addition to that, if you have a business that sells different type of merchandise -- for example, you go to La Mia Supermarket and they have an occupational license to sell cigarettes, another one to sell candy, another one to sell phone cards, another one - - if you look at their wall, they have 23 different licenses. Ms. Miller: That's right. Commissioner Gonzalez: But that is not new in the City of Miami. That has been in the City of Miami forever and ever. Because in 1979, I had a coffee shop and I had to have three occupational licenses and I had to have a Certificate of Use. So, it's not new. Now, when you go -- when you apply for your Certificate of Use and your occupational -- specifically, your occupational license, you have to provide your state tax number or your 59 number for Internal Revenue Code. That is when you apply for your -- and that's a standard procedure. It's been the standard procedure forever in the City of Miami. Hasn't been anything that is new, that is established. What really concerns me of the entire discussion was when -- you know, that I wanted to know if anybody physically went into any of these businesses to take an inventory? Because I don't think we have the personnel or the time to be taking inventory in private businesses. We should be doing something else. Chairman Winton: I made a recommendation and we've kind of gotten away from the recommendation. Commissioner Sanchez: Can I make a recommendation? Chairman Winton: You mean a different one? Commissioner Sanchez: No. Well, you've made one. I mean, you -- Vice Chairman Teele: I would like to make a motion. I would like to move -- who is in charge of the Revenue Task Force, Mr. Manager, now? Who is running that? 87 May 8, 2003 Commissioner Sanchez: I think it's the NET Office. Ms. Haskins: The Revenue Task Force activity was stopped at the end of January, beginning of February. Commissioner Sanchez: But who's running it? Ms. Haskins: What -- Commissioner Sanchez: The NET Offices. Ms. Haskins: The NET Offices do the enforcement. Vice Chairman Teele: No. It's got to be a person is in charge, not an office. But what person is in charge of -- Chairman Winton: It's been disbanded, she said, so there isn't anybody who's still in charge. Commissioner Gonzalez: It was Mr. Wheeler, at the time, Mr. Chairman. Vice Chairman Teele: But we're hearing complaints that have occurred as late as February. Mr. Jones just said somebody's talking about you've got to have a license if you have a microwave, that is something recently that's coming up. Chairman Winton: Do I have to get a license for my house for that microwave, too? Could you make a motion -- Vice Chairman Teele: Mr. Chairman, I would like to make a motion, but I think, in fairness to the process and where we are, what we should do is give every -- give this five minutes for everybody to at least come and put their name on the record and their business so that it's not lost. Chairman Winton: Right. Vice Chairman Teele: And we don't have everybody down here. Chairman Winton: Good. Vice Chairman Teele: Put your name on the record and your to -- name and location of your business, and just one word on what the problem is, so that we can at least have a complete record. And then after this is over, obviously, Ms. Haskins and Mr. Director -- Mr. Manager, I would hope that we could sort of meet with everybody that's here and at least let them know what's going to follow and -- you know, we can do that in my office or whatever, please. 88 May 8, 2003 Annie Milbry: Annie Milbry, Shaker's Conch House, located at 5330 Northwest 17th Avenue. My complaint is the relocation of thousands of residents from the area. That has affected my customer base, and I have had to close my business temporarily. Eufala Frazier: I'm Eufala Frazier, the owner of Michelle's Grocery, 4929 Northwest 17th Avenue. My first concern is that about two months ago, when I came to my business, I found a notice of citation on the door. Vice Chairman Teele: Now, that's two months ago. Now, that's inconsistent with everything that we're hearing from staff. Ms. Frazier: And I called to find out what was this citation about, and they say that in 201 we sent a notice to all the businesses in Miami, that you must bring your loss and profit statement in. And, of course -- Vice Chairman Teele: And that was two months ago? Ms. Frazier: Yes. And that nobody paid us any attention. I said, "Well, I didn't receive a notice." They said, "Well, we didn't send out a notice." Now, how can you send me a notice in 201, and this is 203, and give me a citation and give me a limited time to answer or else we will close your business? OK. That was just done. Chairman Winton: Thank you. Ms. Frazier: And my next concern is, this is about the area south of 54th Street to 36th Street, from 19th Avenue back to 7th Avenue. I've been in that area since 1962. I had my business there. And when the riot was in 1982, you promised the small businesses there that you was going to give them assistance. You promised that you were going to rebuild that area. But I'm here to tell you, this in 2003 and nothing has been done. The small business in that area are suffering. There was something done north of 54th Street, but let me tell you. The whole area need to be revamped, because when you vamp -- revamp one portion and leave the other unattended, what you do is just shift the crimes and the problem to one area for another. And I would -- here today to make a plea to ask you to please look into that area and see if you can do something for us. Chairman Winton: Thank you. Yes, sir. Vice Chairman Teele: Mr. Chairman, to be fair -- Chairman Winton: Yes. Vice Chairman Teele: -- we've got to hear from everybody who wants to say something about a business problem in the City. And then the other problems, let's try to deal with at a different moment and a different time. But we need to hear from the business owners that are here about a problem we're having with the City. 89 May 8, 2003 Eion Hunt: Good afternoon, Commissioners. My name is Eion Hunt. I'm from Rainbow Produce Market, located right next to Perry's Florist. I sell fruits and vegetables. And I'm very tired because up to this morning, I had my coconuts out there. Cars allowed to stop in front of my store. They run in and buy sugar cane or whatever. I sell fruits and vegetables. And there's a police officer come in there everyday. He tell me I've got to move my coconuts. I've got to move my sugar cane. I've been out there over 16 years with my coconuts and sugar cane. He threatened to arrest my son just a few hours ago. Vice Chairman Teele: You remember the officer's name? Mr. Hunt: My son has it. I have it. I could provide it. We have his tag number and everything. And we only trying to make a living. We've been selling there -- Commissioner, you know me. I'm right next to where Sonny's Barbershop used to be. Vice Chairman Teele: I used to come there when I needed the barber shop and buy -- Mr. Hunt: And you used to come there. And now they don't want me to have my customers parking on the side of the streets, neither they don't want me to put my sugar cane outside, neither my coconuts. I just rode by my store. How could you know that I'm open? It's no way that my customers could know that my store is open because my coconuts and my sugar cane can't be right there in front of the store. That's all I'm asking. Chairman Winton: Thank you. Mr. Hunt: For my sugar cane and my coconuts to be outside, so my customers could know that Bombos (phonetic) is there. That's all I'm asking. And they're giving -- the officer is threatening to arrest my son, arrest me, because I have my coconuts outside and my sugar cane outside. And I've been there for 16 years. Chairman Winton: We've heard. OK. We need to hear the rest. Thank you. Isaac Ivery: Good evening, Commissioners. Chairman Winton: Yes, sir. Mr. Ivery: My name is Isaac Ivery. I own Tasters Choice Seafood, Incorporation. My complaint is -- Chairman Winton: What -- I need your address, too. Mr. Ivery: 5931 Northwest 17th Avenue. My complaint is the parking, really. They've got empty lots sitting behind the building. They got a condemned building that's drawing the rodents over to my building, eating up my food that I have to serve to the people, and they need to do something about that, really. The building -- Chairman Winton: No. But, see, instead of targeting the guys that are causing you problems -- 90 May 8, 2003 Mr. Ivery: -- it's been condemned for almost -- Chairman Winton: -- they're targeting you. Mr. Ivery: They targeting me, yeah. Chairman Winton: They're trying to help, huh. Mr. Ivery: So, it's like they're not doing nothing about the empty field. Trees go up, I have to cut it. It belongs to the City. I have to get out there and cut it. They won't come cut it unless I cut it, to keep -- you know, to stop the rodents and everything, when they could put a parking lot there, you know, to provide parking lot for the customers, you know. And then they got an empty building. Chairman Winton: That's a City owned lot, you said? Mr. Ivery: That's a City owned lot. I researched that on the computer. Chairman Winton: Yeah, get us the -- you know -- Mr. Ivery: That's City owned lot. Vice Chairman Teele: What's the address? Mr. Ivery: It's 5931 -- my address is 5931 Northwest 17th Avenue. Chairman Winton: No, the lot. Do you know where -- Mr. Ivery: The lot is next door to me. Vice Chairman Teele: 5931 -- Mr. Ivery: Northwest 17th Avenue. It's on -- you say the south side of the building. Chairman Winton: Maybe we should make it a parking lot. Mr. Ivery: Excuse me? Vice Chairman Teele: Get criticized for building a parking lot, too. Chairman Winton: Yeah. Well -- Mr. Ivery: It's two empty lots. They cut one side, on the corner. Chairman Winton: We might build another one. 91 May 8, 2003 Mr. Ivery: They cut the corner lot, but they won't cut the lot next to it. They just throw the stuff over it. Chairman Winton: Mr. Manager -- Mr. Ivery: This is NET force now -- Chairman Winton: Would you make a note of this, also -- Mr. Ivery: -- doing this. Chairman Winton: -- and find out what lot this is? And would y'all look and determine whether or not we should be creating parking space on a City -owned lot there that could help these businesses exceed and keep the rats out? Mr. Ivery: Yeah. Because it's a condemned building. Chairman Winton: And by the way -- Mr. Ivery: A three-story building behind me. Chairman Winton: By the way, all of these points -- and I want y'all to -- because the resolution that's going to be passed is to get Manager staff to come out -- he needs to meet with all of y'all because there's kind of a comprehensive approach to this. It never works if it's just kind of a piecemeal approach. We need to look at all of the issues and begin to change -- set new policy that sets a road map in place that gets us making real progress. And it's high time that we do that in this area. And I think that you'd certainly get a commitment from the Commission. Frankly, I think you'd get a commitment from the new administration to do the same thing. So, we're going to come deal with all these issues. It's not going to be dealt with, but they're going to come talk to you, so don't forget. But I'm going to put some of these on special notice, like I did just this one, Mr. Manager, to look at this lot specifically. Mr. Ivery: Thank you, sir. Chairman Winton: You're welcome. Thank you. Elaine Black: Hello. My name is Elaine Black. I'm the Executive Director of Tools For Change. On March 5th, 2003, there was a meeting of about 350 small businesses in the Liberty City area regarding a host of issues. The issues, primarily, are around the issues of a licensing and Code violations, which occur, parking is a major issue, and also the third issue of lack of population. Small businesses in this area are concerned that we are literally being put out of business and wanting to have us to move out. So, these are just a small group of the people that are here. So, we're -- well, want to meet with you. We want to address the issues of retaining small businesses in the Liberty City area. Thank you. 92 May 8, 2003 Chairman Winton: Thanks, Elaine. Yes, sir. Clarance Brewton: I'm Clarance Brewton, Brewton Market, 7000 Northwest 15th Avenue. And I'm the one that had the problem with the ice cream license, ice license. Chairman Winton: Thank you. Appreciate it. L.Z. Pippens: My name is Mr. L.Z. Pippens. I have a landscaping business. I talked to Mr. Teele about two years ago, 2001. He came to our organization, Brothers of the Same Mind. We had talked to him about starting 20 new businesses and since then, we ain't hear nothing else about it. And we -- I'm here with Mr. Teele talking to him personally. I appreciate the book you gave me. It taught me a lot. Chairman Winton: Yes, sir. Vice Chairman Teele: The issue came up before this Commission, as I promised Mr. Jones, as you know, the -- one of my colleagues and I -- I mean, I just want to put it on the record again -- blocked the use of funds for persons that made -- that make up -- we intend, as I've indicated to the Manager, to come back again in June and make the same motion and request for the businesses, primarily for people that candidly, just so that it's clear, for people that are ex -felons and that have that record. That was the issue that got it blocked. But we are coming back with that same request. Mr. Pippens: OK. Can I say something else, though, Mr. Teele? I appreciate what you just said, but -- my crew, stand up. My crew, y'all stand up. These young men, they work for me. I got my own little business. I start them working for me. I don't have no money to pay them, you understand me? But they stick there with me. The same little lot he talk about, we go cut it. We don't get paid for cutting it, you understand me? We do this out the kindness of our heart because we want our neighborhood to look good. So, right now, we need money. And we appreciate if you do come to us in June -- Vice Chairman Teele: We will come to you and we will be working that issue. And, again, as I've said a hundred times, people that have done -- have had a problem in life, that have met their obligations to society should not be penalized or victimized by the -- by government or the process. And I intend to continue to do it until we get the funds made available. Mr. Pippens: OK. I appreciate that. Haneef Hamiauccal: I just want to add on to that, Commissioner. My name is Haneef Hamiauccal. I was sitting out -- I was going to be quiet -- Chairman Winton: Need your address, too. Mr. Hamiauccal: 4055 Northwest 17th Avenue. I was going to be quiet, but when you start focusing and dealing with rehabilitation and all these things, where do rehabilitation start? You know, we notice that not too long ago people just came into the country, just got out of jail, we 93 May 8, 2003 let them in the country. Swimmed all the way over here just two days ago. Out of jail. Guys just got out of jail, got out of the water -- we watched it on the television. Swimmed over here. Our coast guard let them on our shore. Tomorrow, the Catholic Charity will get them a job, make sure they have jobs, houses and everything. But for some reason, if an American black make a mistake in they own country, we continue to be punished and we get a death sentence. And I hear a death sentence, you know, that one politician don't feel like that's comfortable, although I know that politician once was in law. We don't hold nothing against anyone. I don't hold nothing against the police, you understand, for my mistake. But I'm thinking some kind of way, you have to be sensitive in America to call them -- you want to help people do better and lift themselves up. We got a United States Supreme Court Justice always talking about pulling himself up from the boot strap. How can he pull his self up from the bootstrap when we got a politician talking about cutting the strings on the boot? So, I think that's unfair. He need to be real considerate and come in and -- that's good for him to see that 20 men or 20 women are going to put a business together to become a asset to the state of Florida rather than continue to be a burden to the state of Florida. So, what choice he want: A burden or assets? So, the next time he vote no, ask him? (APPLAUSE) Brian Dennis: My name is Brian Dennis, address 4055 Northwest 17th Avenue. I'm the President of Brothers of the Same Mind. Let me go even further -- and before the end of the day, I would make sure that each one of y'all get a letter that was written by a convicted ex -felon that I've been having for six years, since I got out of jail. In the process of that, in this year alone, even after the fact that Commissioner Sanchez blocked that item over at the Maritime Theater -- no, it's nothing personal. It's just factual. In the early '70s -- we're going to talk facts -- back in the early '70s Fidel Castro was locking people up in Cuba because they didn't want to work. This was a fact. The same people came over here during the Muriel Boat Lift are the same people that didn't want to work, come to America and now want to work. They were afforded the opportunity or the freedom from the civil rights gangs in the '60s. Nobody denied them not to work. When they worked inside the Hispanic communities or any other communities, they work a hundred percent. When the work is being done in our community, we don't see none of the work. We don't even be a percentage point on the work. We should not have to protest for money that are slated to come down here in the City of Miami and anywhere else for these businesses. We done opened up two businesses just -- three businesses just this year alone. We opened up a wash house and a restaurant and we just opened up a flower shop that we'll be having a grand opening for soon that is being run by a female. Now, our thing is this here. A hundred thousand dollars is a drop in the bucket compared to the money that's being lost just what was reported the other night (INAUDIBLE) fleet (INAUDIBLE) car. That is a drop in the bucket. The letter that you received is a $10,000 line of credit that myself, Mr. Jones -- that Mr. Jones and Mr. Scott right there is for $10,000 for a wash -- for two washers. Two washers is not going to change the Laundromat business around, when we're trying to put convicted ex -felons from off the street into the process. Now, with that also, with that $100,000, we're able to match funds with the County and the SBA (Small Business Administration). Because, one, the SBA is required to give a convicted ex -felon coming out of jail the opportunity to own his business. He's bonded up to two years. And anybody that hires an ex -felon coming out of prison could receive a tax break for two years by paying half of that ex -felon's salary. So, basically, by 94 May 8, 2003 paying half of that ex -felon's salary for two years, with the government insured, and that ex -felon is bonded, that company actually makes a profit for paying half a salary for a convicted ex -felon. Now, Mr. Pippens spoke about these gentlemen. What I'm saying is this here: These gentlemen have been on this street for six years tugging and toiling all the way through. The laws are set that when you come out of prison, you're supposed to be rehabilitated. The prison system is not rehabilitating the people. We're rehabilitating the people and these people are rehabilitating themselves. So, I'm going to sum it up and I'm going to close it with this here. It's one thing to make a mistake -- and I don't blame the police for arresting me because that was my mistake, but I don't think I should be punished and targeted because I'm trying to do the right thing. The way you're punishing them is no different than the way you're punishing Ms. Miller, Mr. Brewton, Ms. Shakers, Mr. Ivery and any other business that's located within the City of Miami. The foolishness have to stop. It's no social services now. This is about a economical dollar and we're in the business of making a profit. (APPLAUSE) Mr. Jones: If what's taking place with the new license requirement is happening all over the City, then it need to be addressed all over the City. Because my job is to save and help and create small businesses all over the City of Miami, that's what I'm funded for. So, I'm not just here for a particular area. Yeah, this area is dear to my heart, because that's where I live. But if it's happening in Little Havana, if it's happening some place else, it's not right. It shouldn't be happening. You know, it shouldn't for no small businesses. I'm going to close with this, Commissioner. Is that this letter, if you -- you see, we opened up that washhouse in December and already I got them approved for a $10,000 line of credit from a bank. You know how difficult it is for small business to get money from a bank? But I've done it. And the reason why I'm saying this is, Commissioner Sanchez, every time we come here about the $100,000 -- you know, Commissioner Teele said that he don't want to support it because you don't want to support it. But I remember not long ago you came to an award banquet that my organization had for me because they appreciate the things I do for small businesses, and you gave me award and you told me how proud you was of me for helping small businesses. I need you to be proud of me now and help get the $100,000 that was promised to them since September 2001, because I'm a convicted felon. I can't change that. I can't change what I've done in the past. But I'm telling you, it's not too many people now in the City of Miami that's a convicted felon, that got a better track record than me. I'm probably the most respected convicted felon in the City of Miami. So, you came and you told me how proud you was. You gave me award. You glad I changed my life. You want everybody to look at me as a model, and all the convicted felons to do the same. I'm asking you to honor that and honor the $100,000 so that I could get some matching funds to help them. (APPLAUSE) Mr. Jones: That's all I'm asking. Because Teele said -- Vice Chairman Teele: Leroy -- Mr. Jones: -- he don't want to do it because of you. 95 May 8, 2003 Chairman Winton: Leroy -- Mr. Jones: He said he don't want to do it because of you. Chairman Winton: Leroy. Leroy. Mr. Jones: Yeah. Chairman Winton: We heard it. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: We need to pass a series of resolutions or actions. Chairman Winton: Well, Mr. Chairman, if I would be allowed the opportunity -- Chairman Winton: I told him I was going to let him. So, yes, sir. Commissioner Sanchez: Well, first of all, I'm only one Commissioner on this Commission. If Commissioner Teele strongly feels that, you know -- there's other -- four votes on this Commission. When I made that statement, where, you know, I have reserves in assisting convicted felons, it was across the board, throughout the community, even in my community. Because the funds that we get, in many cases, isn't enough money. So, there are a lot of small businesses out there that are struggling, that I think that money should go towards. Who they employ, they could employ whoever they want, whether it be convicted felons or not convicted felons. So, I have never been against, you know, saying, well, I'm not going to support, you know, convicted felons getting employment. Employment -- they could get employment through organizations that are out there that help convicted felons and businesses that will provide employments for them. The concern that I have is that if I give out any money, whether it be in any community, is that I want that money to be used in the best possible way as possible. And I have a hard time supporting organizations that basically don't have a track record and they need to establish a track record. Mr. Jones: Commissioner, I got the best track record. I've got the best -- Commissioner Sanchez: So, you know, that's -- listen -- Mr. Jones: Over five million dollars in the last three years been given -- Chairman Winton: Leroy, Leroy -- Mr. Jones: -- to small businesses. Even in Little Havana -- 96 May 8, 2003 Chairman Winton: Leroy -- Mr. Jones: It's 30 -- Chairman Winton: Leroy. Leroy. Mr. Jones: Yes, sir. Chairman Winton: I'm the Chairman. Mr. Jones: OK. You're right, Mr. Chairman. I apologize. Chairman Winton: Thank you, sir. Mr. Jones: I apologize. Chairman Winton: No debate. You've had your say. He gets his say. And then we're going to go on. Because there's a lot of things that are going to come out of this that are going be -- we're going to get a lot done, so let -- I don't want battles going on here. Commissioner Sanchez, you had the -- Commissioner Sanchez: I'm done. Chairman Winton: Thank you. Commissioner Teele. Vice Chairman Teele: Mr. Chairman, let's go back. I don't want to ambush anybody. What I would like to do -- because it was not like it's being portrayed. I made a motion. There was a second. There was a very better and divisive discussion. So, it wasn't like I said I wanted to do it. I moved the legislation to do it. I will move the legislation, in the next regular Commission meeting, to get -- to provide a grant to Brothers of the Same Mind for the purpose of providing 20 -- I'm sorry -- $100,000 for the 20 businesses -- Mr. Jones: NANA (Neighbors and Neighbors Association). Vice Chairman Teele: NANA -- for the purpose of providing businesses -- and, Mr. Manager, Madam Clerk, let's put it on the agenda, under my sponsorship -- and to move the money from the poverty reserve -- Linda, the poverty reserve. You remember, we set aside a one million dollar poverty reserve in the Mayor's line item from a one hundred thousand dollars from that line item or whatever available funds there are to do it. And we'll have a vote. We'll have a discussion. We'll have a vote. And, again, I have said repeatedly -- it's not like I'm for it. I moved the legislation. And I have -- and I'm prepared to move the legislation again. But -- and I'm glad it came up in this context, because what happens is that everybody says what they want -- what you want to hear in a meeting. May I pause and recognize State Representative Yoli Robertson, who would -- who came in late, who represents the community, the first Haitian - American female elected to the legislature. And I should also acknowledge one of the Cabinet minister's brothers of the government of the Bahamas, who is a prominent business leader, 97 May 8, 2003 businessman, who is here in the United States seeking business ventures, business partners, and business opportunities, Mr. Ion Mitchell, the brother of the Foreign Minister of the Bahamas, who is a businessman and very much interested in growing sugar cane and other things in some of our out islands over there. So, it all comes full circle. I would move that the Manager be requested to bring a report back to this Commission, within 30 days, and in the ensuing period, to suspend enforcement, pending the review as it relates to -- Mr. Attorney, would you make sure that the language is correct? The word "moratorium," I'm not sure, is what we want to use. But to spend enforcement of the occupational task force related to this particular item that have been brought forth today. I would so move. Chairman Winton: We have a motion. Need a second. Commissioner Sanchez: Is that citywide, too? Vice Chairman Teele: Citywide. Commissioner Sanchez: Second. Chairman Winton: OK. We have a motion and a second. Discussion? Mr. Maxwell: Just a clarification. Chairman Winton: Being none -- Mr. Maxwell: Mr. Chairman, clarification. Just so that there's no misunderstanding, this motion is directed to the enforcement of -- Chairman Winton: I don't think we have a misunderstanding. Mr. Maxwell: Activity -- in terms -- Chairman Winton: So, please, don't create one, Mr. City Attorney. Mr. Maxwell: Mr. Chairman, with all respect, I'm concerned that what's going to happen is someone -- there are other enforcement actions regarding code -- occupational licenses, in general, whether or not they have one, and that is not where this portion (INAUDIBLE). Chairman Winton: Could -- before we call the vote, Commissioner Sanchez, I think we need to separate something here. I think we have a very specific problem that is in probably the most economically distressed neighborhood in the City. I'm not talking -- there's a very specific problem here. This is where Model Cities is. This is where the greatest amount of population has left. And if you lose residential population, you lose business. And so, I'm -- there's a series of businesses in this zone right here. That's all we're talking about here. I'm going to separate two parts. So, let me -- there's a zone right here that has a very, very critical issue that they have to deal with today or maybe they're not in business tomorrow. And, so, I think it's important that we separate the City global issue and would like to come back with a separate resolution to deal 98 May 8, 2003 with that, that's going to be dealt with a little differently than what I think we were suggesting with this group of folks here. Commissioner Sanchez: I don't have a problem being expedited service on their service. But I'm telling you that I have also received complaints pertaining to the same -- maybe not at the same level in being that the economic may be different that exist, but, still, I think that the issue needs to be addressed citywide because there are a lot of other businesses throughout -- Chairman Winton: We agree. I've learned that also businesses in Coconut Grove have been targeted with some -- but they're not -- I'm talking about a different risk factor by light years. Vice Chairman Teele: White businesses or black businesses? Chairman Winton: Huh? Vice Chairman Teele: White businesses or -- Chairman Winton: White. In Central Grove. Vice Chairman Teele: In Central Grove. Chairman Winton: White businesses that were -- that have had the same thing. But that's a different -- what I was suggesting and what I think Commissioner Teele's suggesting -- and I'd like to keep that motion to this right now -- is that this group, this task force the City Manager's putting together is going to deal very specifically with this group of people that are here today and come back with a series of recommendations relative to them. Commissioner Sanchez: Mr. Chairman -- Chairman Winton: That said, that would be a motion -- Commissioner Sanchez: If it's -- well, the motion -- Chairman Winton: And then we'd have another motion -- Commissioner Sanchez: The motion that was made, if it's an amendment to the motion that Commissioner Teele made -- and I'm the second -- I'm willing to accept that. Chairman Winton: OK. Mr. Maxwell: Mr. Chairman. Chairman Winton: Yes. 99 May 8, 2003 Mr. Maxwell: Suggestion's also been made that you may want to amend the motion to advise the City Manager to use absolute discretion in enforcing the procedures until such time that the report comes back. Chairman Winton: Wonderful term. Wonderful. Vice Chairman Teele: I would adopt that as the motion. And further adopt the recommendation, that it be targeted to the Model Cities area, where we've heard the discussion today. Chairman Winton: So we have a motion -- an amended motion and second. Any further discussion? Being none, all in favor "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. Motion carries. The following motion was introduced by Vice Chairman Teele, who moved its adoption: MOTION NO. 03-445 A MOTION DIRECTING THE CITY MANAGER TO BRING BACK A REPORT TO THE COMMISSION WITHIN THE NEXT 30 DAYS ON THE ISSUE RELATED TO SMALL BUSINESSES IN MODEL CITY BEING TARGET FOR FEES OWED ON OCCUPATIONAL LICENSES AND OTHER UNCOMMONLY ENFORCED FEES; FURTHER REQUESTING THAT IN THE ENSUING PERIOD, TO USE ABSOLUTE DISCRETION IN SUSPENDING THE ENFORCEMENT OF SUCH FEES FOR BUSINESSES IN THE MODEL CITY AREA PENDING THE REVIEW BY THE CITY ATTORNEY OF WHAT REGULATIONS THE CITY CODE CURRENTLY REQUIRES. 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 Chairman Winton: Now, Commissioner Sanchez, if you want to deal with this kind of global issue of what's going on with our licenses and fees and what we charge for it and all that, I think 100 May 8, 2003 the Manager ought to have some time to catalog all of this stuff and bring that back to us probably in 30 or 60 days, so that we know what's really going on out there. Commissioner Sanchez: The motion would be to have the administration look at the issues of licenses throughout the entire City and bring back to see if we are able to, you know, revise and look into -- and simplifying the process of the licenses. Vice Chairman Teele: Second. Chairman Winton: Got a motion and a second. Mr. Manager. Mr. Aguirre: The only thing I want to comment, Mr. Commissioner, there is no task force. This is regular enforcement procedures. Chairman Winton: We understand. Maybe you need a task force to figure out what's going on. Mr. Aguirre: No. I agree. I have a task force dealing with the occupational license process right now. But with respect to licensing, it's just a regular -- there's no special task -- I don't want to leave the impression that we have a new task force. Chairman Winton: No. We're clear on that. What we really want you to do is get a new task force that really is going to identify what all this business is all about. We didn't even know that we have an ice fee, an ice cream fee and all this other -- Mr. Aguirre: Exactly. If it deals with the Code and how it's written on all those items. Chairman Winton: Thank you. Commissioner Gonzalez. Commissioner Gonzalez: Yeah. If we remember -- and we go back a year ago -- the reason that we created the task force to check on the occupational license and the Certificate of Use was that we have businesses in the City of Miami that, while you're paying your occupational license and your real estate office in downtown -- Chairman Winton: Right. They weren't. Commissioner Gonzalez: -- we had other people that hadn't paid occupational license and Certificate of Use for years and years and years, and they have been operating business illegal in the City of Miami. And they want facade programs, they want new streets, they want more housing, they want more money, they want sidewalks, they want parks and they want that, but they don't want to pay the fees to be a business in the City of Miami. So, we created that. I proposed that task force -- and I talking specifically about Allapattah. Chairman Winton: Right. Commissioner Gonzalez: I understand that in about eight months period, they collected over a million dollars in past due occupational license and Certificate of Use. 101 May 8, 2003 Chairman Winton: Yeah. Commissioner Gonzalez: So, that was the purpose of the task force. Commissioner Sanchez: And, Johnny, you would agree -- Commissioner Gonzalez: Now, if we want to continue to, you know, let it go for another 10 years and then collect any taxes in the City, you know, fine. Commissioner Sanchez: We agree that waiving Code compliance will only downgrade a community. Chairman Winton: I don't think any of us are suggesting for a minute that suddenly we stop collecting the right fees that were -- these people aren't suggesting that. Commissioner Sanchez: No, no. Chairman Winton: We're not -- nobody here is suggesting that. We're suggesting that we review the policies. And there are certain taxes and fees that everybody has to pay -- I have to pay, they have to fee, and everybody's OK with that. It's all this other stuff that we don't get that -- Vice Chairman Teele: I have some real concerns about requiring tax records and -- Chairman Winton: Exactly. Vice Chairman Teele: -- all this. I mean, this is something way out of line and way overboard and it doesn't take. Commissioner Sanchez: I agree with that. Vice Chairman Teele: -- a Rhode scholar to figure out somebody's being targeted here. Chairman Winton: Right. So, we have a motion and a second on the floor. Further discussion? Being none, all in favor "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. Motion carries. 102 May 8, 2003 The following motion was introduced by Commissioner Sanchez, who moved its adoption: MOTION NO. 03-446 A MOTION DIRECTING THE CITY MANAGER TO BRING FORTH A COMPLETE REVIEW WITHIN 30 TO 60 DAYS OF ALL THE OCCUPATIONAL LICENSE AND OTHER FEE REQUIREMENTS STATED IN CITY CODE FOR SMALL BUSINESSES CITYWIDE TO DETERMINE IF THE COMMISSION CAN AMEND THE CURRENT CITY REGULATIONS IN ORDER TO SIMPLY THE PROCESS OF OCCUPATIONAL LICENSING. Upon being seconded by Vice Chairman Teele, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele. Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado Chairman Winton: Sir, you've been standing there for a while. But we're going to take one more comment from the public and then we are adjourning. Yes, sir. Kenneth Dorsey: Kenneth Dorsey from Comfort Zone Tours, 1420 Northwest 203 Street. And I'm also an ex -convict. I've been out of prison since 1991, established my own business, you know, in the tour bus service, you know. And, Mr. Chairman, it's a thing is like me, I just been blessed. I've just been blessed to be able to have my own services, as far as the tour bus service. I own a four hundred thousand dollar motor coach, you know, and I brought these people down here today to see you guys. And I'm having a problem myself with the County and even with the City getting on a vendor's list, you know, to provide service because I'm an ex -convict, you know. And I'm an ex -convict that tried to hire convicts. You know, if my insurance company can cover an ex -convict, you know, at six and a half million dollars worth of insurance on my motor coach, why can't I get on the vendor's list? You know what I mean? Because I can't transport children around because I'm an ex -convict. I paid my dues to society. It wasn't society that caused me to go to prison. It was Kenneth Dorsey that went to prison. Well, I paid my dues. You know, you look at the correctional officer. They got correct and rehabilitate on their shoulders, OK. The rehabilitation has been done. My life has been corrected. I'm on the straight and narrow now, you know. And it's just so hard for me to get myself to pay for it. You know what I mean? And I've just been blessed with rental properties and whatever, you know. But it's other things in life that I want to venture on. Chairman Winton: Can y'all -- you meet with City Manager, give him your name and address, and the name of your company, and they will be in touch with you and tell you that either you're 103 May 8, 2003 on the vendor' list or why you can't get on it, and what you need to get on it because you can get on it. OK. Mr. Dorsey: Thank you. Chairman Winton: OK. Thank you all for your patience. Sorry to keep you waiting for so long, and welcome and we'll move to the next step. Vice Chairman Teele: Be encouraged. Chairman Winton: Right. Vice Chairman Teele: Thank you very much. Unidentified Speaker: All right. Unidentified Speaker: Thank y' all for the time. Ms. Thompson: What time? Vice Chairman Teele: Three o'clock, he said earlier. Mr. Maxwell: Adjourned -- Vice Chairman Teele: Huh? He said earlier 3 o'clock. Huh? Mr. Maxwell: He adjourned until 3 o'clock, Mr. Chairman. Recessed to 3 o'clock. THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 1:11 P.M. AND RECONVENED AT 3:10 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT, EXCEPT VICE CHAIRMAN TEELE AND COMMISSIONER GONZALEZ. 10. ADOPT PROPOSED AMENDMENT TO PROPOSED REDISTRICTING AND DRAFT CONCEPT PLAN BY CHANGING BOUNDARY LINE OF UPPER EAST SIDE NEIGHBORHOOD FROM BISCAYNE BOULEVARD TO NOW BE NORTHEAST 4TH COURT FOR PURPOSES OF REAPPORTIONMENT OF JURISDICTIONAL BOUNDARIES FOR CITY COMMISSION DISTRICTS. (See Section #4) RELATED TO REAPPORTIONMENT OF JURISDICTIONAL BOUNDARIES OF CITY COMMISSION DISTRICTS FOR USE IN NOVEMBER 4, 2003 ELECTION AND EACH ELECTION THEREAFTER; OFFICIALLY DELINEATING BOUNDARIES OF EACH DISTRICT. Chairman Winton: If we can get the Manager over there to quiet the people down over there in that corner, we'll get rocking and rolling. Thank you, sir. Mr. De Grandy, we're going to finish up your presentation as the first order of business here after lunch. The podium is yours. 104 May 8, 2003 Miguel De Grandy: Zora will be passing out some handouts for your consideration and hopefully this will not take more than three or four minutes if we can also prep the -- Mr. Chairman, give me one minute. We're trying to get you all the paper work straight. Steve if you can go to the podium now. What we've done, we have analyzed, Mr. Chairman, the request that was made, direction to counsel to bring an amended version for your consideration. Now, you're seeing on the screens a close up of how the boundary would look after the amendment. Let me walk you very briefly through that. As you will see we have moved back to 4th Court. There is however an anomaly on the plan and the reason why there's that anomaly is because you build a redistricting plan using census blocks. That is an entire census block. There, 4th Street cuts off, jogs around and keeps going north once it crosses the river. The good news, Mr. Chairman, in terms of the concern of the residents to be kept intact is that jog out there, if you will, has zero residents so you have achieved your stated desire to keep a community intact. You'll see now on the board its up there that's the actual census block. The census data shows appears zero residents there. If we can put up now the board for or the slide for deviation analysis in the amended plan, you will see that as I projected in the morning meeting, your deviation has actually shrunk, narrowed to an overall deviation of 4.19. District 2 is actually right now almost exactly at ideal population your 79 citizens only up from ideal population. District 2 no longer is one of the two legs of overall deviation. Now, overall deviation is measured between District 4 at 1.92 and District 5 at minus 2.27. Mr. Chairman with that in a moment we'll bring down the language that is actually a revision to the resolution. Let me walk you through a couple of things in terms of process. Number one, let me put something on the record which is not evident in a black and white text record, although it's evident to everybody in this room. The folks that came to urge you to consider this amendment and the basis I believe on which this amendment was considered, demonstrate to be a very diverse group of individuals. You had African-Americans constituents, Hispanic constituents, non -Hispanic white constituents, and so what this showed -- and I want the record in black and white later on to show -- was that this was in fact a very diverse community in terms of its representation, all asking for the same thing. The motivation as we confirmed and I want to reconfirm again for the record, for this amendment was to keep a historical, traditional community of interest intact. That is a very acceptable motivation, and on that basis we followed your direction and have brought this amended plan for your consideration. The -- in terms of proper format, this point procedurally -- I discussed it with your City Attorney -- the appropriate motion at this time, after you open it up for discussion and have whatever discussion you feel appropriate. The appropriate thing would be to have a motion to adopt the amendment that we have prepared in graphic form and in resolution form. Once that motion is approved if it is approved, the second motion will be to pass the resolution as amended, so it will take two motions to put us in proper form. Chairman Winton: He needs a motion to approve the amendment. Mr. De Grandy: Approve the amendment, sir. Commissioner Sanchez: Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Sanchez: Motion to approve the -- to adopt the amendments. 105 May 8, 2003 Commissioner Regalado: Second. Chairman Winton: Motion and second. Further discussion? Being none all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. Motion carries. The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 03- 447 A MOTION ADOPTING THE PROPOSED AMENDMENT TO THE PROPOSED REDISTRICTING AND DRAFT CONCEPT PLAN BY CHANGING THE BOUNDARY LINE OF THE UPPER EAST SIDE NEIGHBORHOOD FROM BISCAYNE BOULEVARD TO NOW BE NORTHEAST 4TH COURT FOR PURPOSES OF THE REAPPORTIONMENT OF JURISDICTIONAL BOUNDARIES FOR THE CITY OF MIAMI COMMISSION DISTRICTS. Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Chairman Winton: Now a motion to adopt the amended -- Mr. De Grandy: Resolution, sir. Chairman Winton: -- resolution, the amended redistricting plan and resolution. Commissioner Sanchez: Motion -- Commissioner Regalado: Move it. Commissioner Sanchez: -- pass the resolution as amended. Second. Chairman Winton: Got a motion and a second. Discussion? Being none all in favor, "aye." 106 May 8, 2003 The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. Motion carries again. The following resolution was introduced by Commissioner Regalado, who moved for its adoption: RESOLUTION NO. 03-448 A RESOLUTION RELATED TO THE REAPPORTIONMENT OF THE JURISDICTIONAL BOUNDARIES OF THE CITY COMMISSION DISTRICTS FOR USE IN THE NOVEMBER 4, 2003 ELECTION AND EACH ELECTION THEREAFTER; OFFICIALLY DELINEATING THE BOUNDARIES OF EACH DISTRICT AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Regalado: Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Regalado: Now, when the people that fall within other districts that used to be in, say, District 2, and moving to District 4, will get the new voting card? Mr. De Grandy: That, I can't tell you specifically. I know probably sometime in July to August the Department of Elections will send you a card but I wouldn't have an exact date. Mr. Leahy this morning could probably have told you that. I can't give you that -- Commissioner Regalado: No, I wasn't here so -- Mr. De Grandy: I can't give you an exact date. I'll get that date for you and I'll call your office - Commissioner Regalado: OK. 107 May 8, 2003 Mr. De Grandy: -- and make sure that you're informed. Mr. Chairman, with that unless you have anything else, I'd like to thank you very much on behalf of our team for the opportunity to serve this City of Miami and we will continue now to work on -- Commissioner Sanchez: Mr. Chairman. Mr. De Grandy: -- your polling district issues. Chairman Winton: Great, thank you. Commissioner Sanchez. Commissioner Sanchez: Thank you, Mr. Chairman. Mr. Chairman, I would also like to take the opportunity to commend Mr. De Grandy and his staff for their professionalism. You know we asked them to come up with a plan that would balance the districts while paying respects to the natural boundaries and community of interests and above all to find a equalized population that would comply with the 14th amendment and that of course is a very important amendment which protects the equal protection of the law. I only have two questions that I would like to put on the record and having him just for --having him answer those questions. One is, and I think I asked it before, would this amendment or the deviation plan you know, be acceptable by the courts in accordance with the 14th amendment? Mr. De Grandy: Yes, sir. The deviation of 4.19 is within the acceptable safe harbor that has been referred to repeatedly in the case law. Commissioner Sanchez: In taking into that any individual has the right to challenge it in court in any way that he deems or she deems, can this deviation plan be challenged in court as a discriminatory deviation plan? Mr. De Grandy: No, no. The deviation is within acceptable limits. If you're referring to the amendment and its effect on deviation, because the amendment was motivated by a traditional redistricting principle and only that and especially with the record that you have of community support, any court would find it acceptable for you to make a policy judgment to rebalance those traditional redistricting principles. Commissioner Sanchez: And the last question is directed towards the City Attorney. Mr. City Attorney, do you -- you've had a chance to review all this, and you feel comfortable with this? Alejandro Vilarello (City Attorney): Yes, sir. Commissioner Sanchez: Thank you. Chairman Winton: OK, anything else on this subject? Commissioner Gonzalez: Yes, Mr. Chairman, as Chairman of the redistricting committee, I also would like to commend Mr. De Grandy and Mr. Moreno and the rest of the group for the great job that they have done on this assignment. 108 May 8, 2003 Mr. De Grandy: Thank you. Commissioner Gonzalez: So, congratulations, I really appreciate it. Chairman Winton: And as Chairman of the Commission I'd like to thank you, Commissioner Gonzalez, for your efforts in this regard and I think that you know, at least from my view, this is the first time that I've looked at this kind of thing from the inside, but I've certainly looked at this kind of thing from the outside a lot and this might be the cleanest process I've seen in a long, long time anywhere, so thank you. Mr. De Grandy: Thank you. 11. AUTHORIZE REALLOCATION OF HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM FUNDS, $425,000, FROM CITY OF MIAMI/SUGAR HILL PURCHASE TO MOVERS, INC. FOR PURCHASE OF PROPERTIES ADJACENT TO SUGAR HILL FACILITY AND DEVELOPMENT AND REHABILITATION OF SEVENTEEN ADDITIONAL RENTAL UNITS TO HOUSE LOW-INCOME PERSONS LIVING WITH HIV/AIDS. Chairman Winton: Are we ready to go to the regular agenda? Vice Chairman Teele: Isn't there a 3 o'clock time certain in the regular agenda? Priscilla A. Thompson (City Clerk): You have three 3 o'clock time certain, 18, 19 and 20. Vice Chairman Teele: At 3 p.m.? Chairman Winton: Three p.m. How many personal -- we have -- and we had -- did we have personal appearances from this morning that -- I don't have that here. Where's my book on 18, 19 and 20? Unidentified Speaker: Eighteen, 19 and 20? Chairman Winton: Yeah. It's not here. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: Can we do Item Number 18, time certain (INAUDIBLE) -- Chairman Winton: Well, as soon as I get my book. I'm trying to find all this stuff. Well, it looks like 18, 19, and 20 are going to take a while. We have -- (COMMENTS OFF THE RECORD) 109 May 8, 2003 Chairman Winton: Huh? (COMMENTS OFF THE RECORD) Chairman Winton: Oh, there's an -- on 18 or all -- Vice Chairman Teele: On 18. Chairman Winton: OK. Fine. We'll take a -- because we have somebody here on a public appearance that was here all morning, and I'm going to get to them very quickly. We will take up -- Commissioner Teele, we will take up 18 right now. So, yes, ma'am. Barbara Rodriguez: Barbara Rodriguez, Department of Community Development. This item, we're requesting approval on July 8th of 2002. Four hundred and twenty-five thousand dollars was allocated to the City of Miami, Department of Community Development, on HOPWA (Housing Opportunities for Persons With AIDS) funds, and it was basically to buy the final Sugar Hill Project. Once we presented it to you as HUD (Department of Housing and Urban Development, HUD said, "no." We were in contact with Movers. Movers has obtained funding to buy the property. And what we're requesting is the four hundred and twenty-five thousand dollars that was earmarked for Sugar Hill to be transferred to Movers so that Movers can buy properties around the area that will give them an additional 17 units of housing. This is needed for two reasons. The City has invested one point five million dollars, and if we don't do this, we will be disallowed costs. If we don't give the money to Movers, what happens is that they cannot access the County money that they were so successful in getting. So we are requesting that you do grant us the authorization to enter into a contract with Movers. Commissioner Sanchez: It's a public hearing. Chairman Winton: We do have a public hearing. Anyone from the public like to speak on Item Number 18? I thought there were two names up here. If you're going to speak on Item 18, the public hearing is open. It will close in just a minute. Vice Chairman Teele: Pastor McRae, why don't you just come and put your name on the record, please? George McRae: My name is George McRae and I am founder of Movers. Chairman Winton: Address, too, please, sir. Mr. McRae: 1701 Northwest 66th Street. Chairman Winton: OK. Is that it? Mr. McRae: That's it. Chairman Winton: Thank you. Anyone else from the public like to speak on this item? 110 May 8, 2003 Chairman Teele: So moved, Mr. Chairman. Commissioner Gonzalez: Second. Chairman Winton: Hold on. You want to speak on this item, sir? John Muhammed: Yes. Chairman Winton: Yes, sir. Mr. Muhammed: My name is John. Chairman Winton: Your name and address, please. Mr. Muhammed: Excuse me. Chairman Winton: Your name and address for the record. Mr. Muhammed: My name is John Muhammed and I live at 9751 Southwest 168th Street, Miami, Florida. I'm speaking on behalf of -- support for this project. Chairman Winton: OK. Great. Thank you. Anyone else from the public like to speak on this item? If not, we'll close the public hearing and we'll now entertain -- Vice Chairman Teele: It's been moved, Mr. Chairman. Chairman Winton: We have a motion -- Commissioner Gonzalez: Second. Chairman Winton: -- and a second. Further discussion on this? Being none, all in favor "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. The motion carries. 111 May 8, 2003 The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-449 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE REALLOCATION OF HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM FUNDS, IN THE AMOUNT OF $425,000, FROM THE CITY OF MIAMI/SUGAR HILL PURCHASE TO MOVERS, INC. FOR THE PURCHASE OF PROPERTIES ADJACENT TO THE SUGAR HILL FACILITY AND THE DEVELOPMENT AND REHABILITATION OF SEVENTEEN (17) ADDITIONAL RENTAL UNITS TO HOUSE LOW- INCOME PERSONS LIVING WITH HIV/AIDS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID AGENCY FOR SAID PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: Just as a point of clarification, H -- this is a project involving HOPWA funds, people that have AIDS. We've had a very difficult time moving dollars in this area. Let's just be very candid. You're not having developers breaking our door down. And largely as a result of Pastor McRae, who we all know in a different capacity as the spiritual advisor to our own Congresswoman Carrie Meek and the pastor of Mount Tabor Church, largely as a result in his efforts in this community, which, by the way, has the highest AIDS rate of any community of the state -- Commissioner Sanchez: Second. Second largest. 112 May 8, 2003 Vice Chairman Teele: Second highest rate. We've been able to demystify and to make the treatment of AIDS or people that are HIV positive something that is not the brunt of jokes and something that is taken a lot more seriously. This community has received probably its highest recognition from the religious community in the state of Florida, in that Pastor McRae, last week or so, was just named -- elected state president of the Baptist Convention. And in that role, he becomes the spiritual leader of Baptists from Key West to Pensacola. But I think the point that I want to underscore is that it is his advocacy for people with AIDS and HIV that has brought him and this community very positive acclaim and attention. People respect that and I would hope, Ms. Rodriguez, that you would sit down with Pastor McRae and the Movers and -- not in this role as a pastor, but in the role of Movers -- and the Model Cities Trust, and see if we cannot work together to make the treatment of people with AIDS, as well as housing, a high priority. And I would hope that you would work with the Manager's office in communicating to the Model Cities Trust our firm belief that this is something that really is going to have to be dealt with and -- Ms. Rodriguez: We will. Chairman Winton: Anything else on 18? Vice Chairman Teele: No. Chairman Winton: Thank you. Vice Chairman Teele: Thank you very much. Chairman Winton: I'd like to go back to Item Number 4 Vice Chairman Teele: Did we call the question? Commissioner Regalado: Mr. Chairman. Chairman Winton: Yes. Didn't we vote? Vice Chairman Teele: Yeah. Chairman Winton: Yeah. We voted. Yeah. 12. DIRECT MANAGER TO PLACE ON NEXT COMMISSION MEETING AGENDA, PROPOSED RESOLUTION AWARDING UNALLOCATED COMMUNITY DEVELOPMENT DISTRICT FOUR PILOT PROGRAM FUNDS. Commissioner Regalado: Mr. Chairman, just 30 seconds, I need to do a motion relating to Community Development and it's very simple. It's just a motion directing the Administration to bring back in the next meeting a resolution awarding the unallocated Community Development District 4 pilot program funds. That will be my motion. 113 May 8, 2003 Vice Chairman Teele: Second. Chairman Winton: We have a motion and a second. Discussion? Being none, all in favor, LL " aye. The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. Motion carries. The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 03-450 A MOTION DIRECTING THE CITY MANAGER TO PLACE ON THE NEXT COMMISSION MEETING AGENDA, CURRENTLY SCHEDULED FOR MAY 22, 2003, A PROPOSED RESOLUTION AWARDING UNALLOCATED COMMUNITY DEVELOPMENT DISTRICT FOUR PILOT PROGRAM FUNDS. Upon being seconded by Vice Chairman Teele, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Commissioner Regalado: Thank you. Chairman Winton: OK. 13. RELATED TO FIRST ANNUAL "GOODWILL" LAW ENFORCEMENT OFFICERS COMMUNITY CLASSIC SOFTBALL GAMES TO BE HELD ON SATURDAY, MAY 31, 2003; AUTHORIZE $5,000 GRANT TO PUERTO RICAN CHAMBER OF COMMERCE OF SOUTH FLORIDA; ALLOCATE FUNDS FROM SPECIAL EVENTS ACCOUNT; CONDITIONING SAID AUTHORIZATIONS UPON ORGANIZERS. Chairman Winton: Number 4 personal appearance Mr. Luis De Rosa. Luis De Rosa: Chairman, Commissioners, Luis De Rosa, Puerto Rican Chamber at 3550 Biscayne Boulevard. Today I understand there's a resolution before you requesting support in 114 May 8, 2003 the order of $5,000 for the Puerto Rico Police softball game against the City of Miami Police on Saturday, May 31st at Roberto Clemente Park, and of course I extended an invitation to all the members of this Commission to be there with us as well and that will be in the mail to your office. This game also is going to be carried live on 1550 a.m. and from Puerto Rico I just got an email from Felo Ramirez who will be there as well. He's extending a challenge to the Chief of Police that he will be the honored batter should he decide to be there at the honor ball and he promised that we was going to throw a hard line through the center field. Felo, for those who don't know, is the official Spanish voice for the Florida Marlins. In addition to that, he has the distinct honor of being one of one three Hispanic sportscaster. He, of course, is of Cuban descent, in Cooperstown Hall of Fame. Felo also was the sportscasters that carried the call Roberto Clemente's 3000 hit, a recoding that is also conserved at Cooperstown and this request is for that reason. Vice Chairman Teele: So move, Mr. Chairman. Chairman Winton: Hold on. Commissioner Sanchez: Second with one friendly amendment. Chairman Winton: Have a motion and a second. Yes, sir. Commissioner Sanchez: And the friendly amendment will be that any of the Commissioners who want to play with the Police could play with them. Mr. De Rosa: Well, the City of Miami is going to need help so, yeah, the Puerto Rico team plays -- in fact they're coming back and playing the secret service. They'll be playing the NYPD (New York Police Department) and the Newark Police Department. Chairman Winton: And I would like to add -- Mr. De Rosa: -- and one addition if I may, Mr. Chairman I'm sorry. If I -- the cost is going to be carried live in 1550 AM in Spanish and I'm requesting that the City of Miami possibly through this body to help us with the obtaining channel 9 to also tape to be shown to the residents of the City of Miami. Commissioner Sanchez: I would like to amend that be broadcast in Net 9 if available. Vice Chairman Teele: I accept that as a -- Chairman Winton: So, we have an amendment to the motion. I didn't call for a vote yet. Did I, cause I was going to say something? So, I would like to add the fact that when Luis first came to me I told him I would not support public money going to this event. I want you all to know, because I've been consistent across the board and he went out and got huge support from the community. A lot of sponsorship from local businesses and things and we're only filling the gap so, Commissioner Teele, I'm trying to be true across the board here and we're only filling a small gap of the total cost of -- 115 May 8, 2003 Mr. De Rosa: We've raised close to $20,000 from American Airlines, Bacardi USA, local hotels in the area Double Tree Grand donated the hotel rooms -- Chairman Winton: Don't -- Mr. De Rosa: -- covering me over to the home base. Chairman Winton: -- sponsors, OK. We have a motion and a second -- Commissioner Regalado: Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Regalado: If I play, if I get hit with the bat or fast ball, who's liability is it? Is it the Police or Puerto Rican Chamber of Commerce? Mr. De Rosa: Part of this money by the way, is to purchase insurance. Chairman Winton: There you go. Mr. De Rosa: And the City of Miami will be -- Commissioner Regalado: City of Miami pays. We pay all the time. Mr. De Rosa: I don't know about the Police Department but the City of Miami will -- Chairman Winton: There is insurance but anybody could always sue government so, -- Mr. De Rosa: We're going to be purchasing insurance, it vital. Chairman Winton: All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. Motion carries. 116 May 8, 2003 The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-451 A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO THE FIRST ANNUAL "GOODWILL" LAW ENFORCEMENT OFFICERS COMMUNITY CLASSIC SOFTBALL GAMES TO BE HELD ON SATURDAY, MAY 31, 2003; AUTHORIZING A GRANT, IN THE AMOUNT OF $5,000, TO THE PUERTO RICAN CHAMBER OF COMMERCE OF SOUTH FLORIDA; ALLOCATING FUNDS FROM THE SPECIAL EVENTS ACCOUNT CODE NO. 001000921054.6.289; CONDITIONING SAID AUTHORIZATIONS 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) 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; FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DEPARTMENT OF COMMUNICATIONS TO BROADCAST THE SOFTBALL GAMES ON MIAMI TELEVISION CHANNEL 9. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Chairman Winton: Thank you very much. Commissioner Sanchez: Do you have a date already for it or -- Mr. De Rosa: Yeah, it's Saturday, May 31st. We need to be there -- I'm going to be sending invitations to everyone and you can be there by 8:30 in the morning cause we're going on air around that time. It's at Roberto Clemente, and of course the chief is already committed to be there to throw out the first ball and Felo is going to be, have the honor, give us the honor with the, batting the first ball. Chairman Winton: Thank you. 117 May 8, 2003 Commissioner Sanchez: Well, I'm going to try to be playing with the Police Department to help them out. Mr. De Rosa: They're going to need help. I want you to know that. Chairman Winton: He's a ringer. Yeah, you got a ringer down here. Alright I think there's a -- Mr. De Rosa: Thank you. Chairman Winton: Thank you. 14. RELATED TO AMERICAN CANCER SOCIETY/RELAY FOR LIFE TO BE HELD AT PEACOCK PARK, COCONUT GROVE, ON MAY 16 AND 17, 2003; AUTHORIZE WAIVER OF ALL FEES AND PERMITS PERMISSIBLE BY LAW AND PROVISION OF IN-KIND SERVICES BY DEPARTMENTS OF POLICE, FIRE -RESCUE, MUNICIPAL SERVICES, SOLID WASTE, AND PARKS AND RECREATION, $4,000; ALLOCATE FUNDS FROM SPECIAL EVENTS FESTIVAL ACCOUNT. Chairman Winton: There's another personal appearance, American Cancer Society item number 2 are they here? Elena Carpenter, you're on. Elena Carpenter: Good afternoon Elena Carpenter, 2980 McFarlane Road, Suite 204, Coconut Grove, Florida. Thank you for the opportunity to appear before you, ladies and gentleman, above all gentlemen. On May the 16t through May the 17th Coconut Grove will see its first Relay for Life. This happens in many other communities and municipalities around Dade County. It is the first time for Coconut Grove, and very, very brief, the nature of event is, at around 6 o'clock, we'll begin in Peacock Park, and we have a ceremony for cancer survivors, and from thereon, a relay begins by means of which for the following 16 hours, I believe, whatever, from 6 p.m. till 10 a.m. The next morning, in a track, we will have determined on Peacock Park, there will be a number of relay teams, and one member from each team must be on the track either walking and jogging or crawling for the entire night, so it is -- I do believe, without doing any historical research, the first pajama party held at Peacock Park, 100 percent of the proceeds, 100, will be going towards cancer, or actually towards the American Cancer Society's fight against cancer -- Commissioner Sanchez: So move, Mr. Chairman. Commissioner Gonzalez: Second. Chairman Winton: Motion and second. Discussion? Being none all in favor, "aye." The Commission (Collectively): Aye. Ms. Carpenter: Thank you. Chairman Winton: Like sign opposed. Motion carries. 118 May 8, 2003 The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-452 A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO THE AMERICAN CANCER SOCIETY/RELAY FOR LIFE TO BE HELD AT PEACOCK PARK, IN COCONUT GROVE, MIAMI, FLORIDA, ON MAY 16 AND 17, 2003; AUTHORIZING THE WAIVER OF ALL FEES AND PERMITS PERMISSIBLE BY LAW, INCLUDING THOSE REQUIRED FOR THE USE OF THE PUBLIC RIGHT-OF-WAY, AND THE PROVISION OF IN-KIND SERVICES BY THE DEPARTMENTS OF POLICE, FIRE -RESCUE, MUNICIPAL SERVICES, SOLID WASTE, AND PARKS AND RECREATION, IN AN AMOUNT NOT TO EXCEED $4,000; ALLOCATING FUNDS FROM SPECIAL EVENTS FESTIVAL ACCOUNT NO. 001000921054.6.289; CONDITIONING SAID AUTHORIZATIONS UPON THE ORGANIZERS: (1) OBTAINING ALL PERMITS REQUIRED BY LAW; (2) PAYING FOR ALL OTHER NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (3) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER; AND (4) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Chairman Winton: Thank you very much. Ms. Carpenter: Could I take advantage of the opportunity, Mr. Chairman, to invite all of you to come? During the event, all of the teams will be fund raising. They will be selling massages -- You set me up, Joe, I mean, Commissioner Sanchez -- Chairman Winton: I did it. 119 May 8, 2003 Ms. Carpenter: Oh, you did? Chairman Winton: (UNINTELLIGIBLE) Ms. Carpenter: OK. Commissioner Sanchez: I wouldn't do this to you. Chairman Winton: I did it. Ms. Carpenter: Oh you did it. OK. Commissioner Sanchez: I wouldn't do that to you. Ms. Carpenter: But Commissioner Winton obviously would, thank you and if you come by you can either cheer us, motivate us, or spend some money of getting food, massages, drinks or witness the pajama fashion show which I understand will be attended by a number of public officials and politicians who will display their PJs for us so, if you'd be kind enough to come and spend some money and have some fun with us, we sure would appreciate it, and our City Manager is definitely considering it. Thank you very much -- I mean our Chief Administrator. Chairman Winton: I won't be going there OK, so we'll -- great, we'll -- Vice Chairman Teele: I move that the Administrator be directed to show up in his pajamas. Chairman Winton: Does he have any? 15. AUTHORIZE TRANSFER OF FUNDS FROM CLOSEOUT OF 27TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT FUNDS TO COMMERCIAL FAQADE TREATMENT PROGRAM FOR REHABILITATION OF PARTICIPATING BUSINESSES, $389,934.44; ALLOCATE $63,854.43, FROM ECONOMIC DEVELOPMENT CATEGORY, $19,523.87 FROM HOUSING DEVELOPMENT CATEGORY, $164,301.79 FROM PUBLIC SERVICES CATEGORY AND $142,254.35 FROM MUNICIPAL SERVICES; AUTHORIZE ROLLOVER OF ANY FUNDS UNSPENT BY SEPTEMBER 30, 2003, FROM COMMERCIAL FAQADE TREATMENT PROGRAM IN 28TH PROGRAM YEAR TO 29TH PROGRAM YEAR. Chairman Winton: Commissioner Teele, you want to do 18, 19, and 20. So, we'll jump to 19 since we've done 18, 19. Barbara Rodriguez: Barbara Rodriguez, Department of Community Development. This resolution is basically closing out the 27th year Community Development block grant funds. It includes all categories, Public Service, Economic Development, Housing, Municipal Services. I do want to make one change. In the economic development, I want a modification. We are pulling out Omega Fashions so from 63,854.43 we'll decrease the amount of close out to 120 May 8, 2003 13,854.43 which is a grand total of a change to 339,934 with 44 cents. The money will be transferred to the facade program and is to help businesses. Chairman Winton: Is this a public hearing? Ms. Rodriguez: Yes. Chairman Winton: OK, this is a -- Item number 19 is a public hearing. Anyone from the public like to speak on Item 19? Yes, sir and anyone else would like to speak on 19 would you please come to the podium. Yes, sir, your name and address please for the -- Walter Hardemon: Yes, my name is Walter Hardemon, the Executive Director of Youth of America Incorporated located at 6102 Northwest 7th Avenue. My concern with this I see that this money is being reallocated from the 27th year and we're going into the 29th year. Why is this money being held back? I'm kind of getting emotional because for, since 1991, I been coming before this Commission and applying for my youth center, public service but this money is being hidden and all of a sudden it comes out. That's all I have to say. Chairman Winton: Thank you. Vice Chairman Teele: Mr. Hardemon, did you apply this year? Mr. Hardemon: Yes, I did. Vice Chairman Teele: Just so that the record is clear, these are dollars that were awarded in the past. The amounts were awarded, but the entities that received the award did not expend every dollar and so, you're going to see numbers like 57 cent, 20 cent, $6.70 of course, there's a $29,000, $20,000 and on and on, but the intent was that the money was there awarded. It wasn't hidden. The organization didn't spend the money. You have to give them adequate time to spend the money and in most cases, we give them more than an adequate amount of time. As you said this is the 29th year? Ms. Rodriguez: The 29th year will start October 1st. This was money that was awarded October 1, 2001 to September 30th 2002. Legally, they get to close their contract December 31, 2002 and now we're reallocating. Mr. Hardemon: With all due respect, Commissioner, this is some of the things I've been hearing for many, many years. I've come before this Commission. We've been applying for many, many years, but it seems when it comes down to at risk children in Liberty City, we always get slighted we always get nothing. As of right now, through the City of Miami law enforcement trust fund they cutting all outside funding to outside agencies. We've been taking a hit from the county. We've been funded from Miami Dade County CDBG (Community Development Block Grant) since 1994. The City of Miami has never funded us. Chairman Winton: Thank you. 121 May 8, 2003 Mr. Hardemon: Thank you very much. Chairman Winton: Thank you, appreciate it. Anything else on this -- anyone else from the public like to speak on Item 19? Vice Chairman Teele: I move. Chairman Winton: We'll close the public hearing. We have a motion. Vice Chairman Teele: I move the item. Commissioner Gonzalez: Second. Chairman Winton: Got a motion and a second. Discussion? Yes, sir. Vice Chairman Teele: I just would like to have a little bit of clarification. Now, in that this money is going into a facade program, who's administering it and how will the dollars be drawn down? Ms. Rodriguez: This is going straight to the businesses. Once the facade is identified by all districts that are doing facade, they'll come to us and we drain, we pay direct to the businesses under the facade program. Right now we funded that activity usually, at $450,000 and we never have enough. Right now, I have a waiting list of businesses that need assisting. Vice Chairman Teele: Well, you know, I'm supporting the recommendation but I want to point out to my colleagues and the public that I can assure you that while 20 percent, 24, 25 percent of the funds that are generated based on poverty come from District 5. When you shift the gear and you make this an economic program, the trade-off is going to be that District 5 is probably going to get less than 10 percent of the money. Is that a fair statement? Ms. Rodriguez: It's a very fair statement. Chairman Winton: Say that again. Vice Chairman Teele: I just, I want to be very clear, I'm supporting this but I want my colleagues, particularly those that are in areas where you have successful businesses and you know we just heard the other side of the horror story before lunch, but it's cumulative where you have a District like District 5 that generates proportionally the largest amount of CD (Community Development) dollar eligibility for the City of Miami, because the formula is based on poverty and density of poverty. The more public housing you have, the more money you get. This is not about one man, one vote or the money is divided equally or the money is generated equally. It's generated based upon population, poverty and the largest component is the density of poverty which is public housing. Now, that's very open. That's very clear. That's very mechanical. Everybody can figure those numbers. When you take a program like this now and take the unallocated dollars which is roughly what are we talking about 400 -- 122 May 8, 2003 Ms. Rodriguez: 335. Vice Chairman Teele: -- $335,000 and you put it in a program, a legitimate an proper program such as economic development or in this case, facade activities, if you don't have businesses, if you have poverty and no businesses, then you don't have facade programs, and so what I'm saying very clearly is that I don't have a mathematical calculator, but I can tell you that while this district generates 30 percent of the total dollars, less than 10 percent of this money is going to wind up in District 5, and staff has basically saying I'm generally correct, and I'm not against facade programs. I'm not against this program. In fact, I'm for it, but what I am suggesting is we need to take into account the consequence of this decision and I'm mindful of it but again we're here trying to build one City and business development is very, very cumulative. You just had a gentleman from the Puerto Rican Chamber of Commerce who came. There are many substantial Puerto Rican successful businesses, so he can go out and raise money. When you're in an area where the poverty is abject, where you've go the predominate housing is pubic housing or sponsored housing you don't have the businesses that you can go to, so you get poorer and poorer, and I won't even go into the fact when you don't have parks. We're going to deal with the Mayor's priority today of let's do more in parks, but if you don't have a park, you know, what are you going to do in the park. We can talk about distributing money for parks and for festivals and parks and activities and parks. All that I'm suggesting, Mr. Chairman, is that I am supporting this action, but this action is not necessarily going to generate comparable representative or equal dollars in the district that I represent and I'm mindful of that, and when I come back in a couple of weeks and say we'd like to advance this program for business development, I would just hope that everybody keeps it in mind. That's all that I'm saying. Chairman Winton: Commissioner Teele, who's doing facade improvements in the area that the folks from the businesses that we're here before lunch? Is there an entity doing facade improvements in that area? Vice Chairman Teele: Well, the history of facade improvements in this district is a history long before I got here, but suffice it to say, and Mr. Hardemon I think, was correct in some of his statements. Large sums of money have gone out into facade improvements in the black community going back 10 years. The monies were largely not spend or largely for whole married and array of projects. It in fact got a lot of the Community Development organizations that were trying to administer these programs in trouble the CDC's you know, it's a knack to it. You either do it or you don't do it. We proposed and I proposed, that the Allapattah Chamber of Commerce do facade in Model City's which they'd been given the green light to do and that the Catholic Charities what's the name of it ? Ms. Rodriguez: Pierre Toussaint. Vice Chairman Teele: Pierre Toussaint which is Catholic Charities do it in the area, the largest area there East of 95, so most of the comments today we're West of 95, but the fact of the matter is the facade improvement program has not had a community based sponsor until -- I shouldn't say that. There have been several community based sponsors all of which were defunded by community development and we've asked the City staff to work with Allapattah and Word of Life in developing a joint program to go into those areas. 123 May 8, 2003 Chairman Winton: Yes, sir, Commissioner Gonzalez. Commissioner Gonzalez: OK, one of the problems and I'm going to go back probably five years. While I was working at Allapattah business development I talked Rob Beckingham and Richard Dunn and we tried to create a CBO (Community -Based Organization) to work together and I offered to them on my own time to go out and giving counsel and guiding them on how to do a facade. One of the problems that they encountered in doing facade in Overtown and Model City is the fact that this is a very, very poor neighborhood and the leverage of funds that had to be put up by the merchants and the City didn't match. At that time, I talked to Mrs. Warren who was in charge of Community Development and I proposed to her and I said why don't we take these very depressed areas and instead of making it a 70/30 percent, let's make it 85/15 percent, because for this very small businesses it is very hard to pull out $600 to do a facade in their business. In some instances, with $2,000 there isn't much that you can do. You can't even paint the building with $2,000 OK, and I also proposed to change the money that we were allocating to the facade program to increase it from $2,000 because those have been the numbers for the last 20 years right, $2,000, so you can imagine how much everything has gone up in 20 years and we're still working with the $2,000 number to do a commercial facade. There is no commercial building that you can paint with $2,000. That's ridiculous, so I also proposed at that time to increase the funding of the facade to be assigned to each business, but unfortunately that never happened and if you remember Commissioner Teele some months ago I asked Ms. Rodriguez can we sit down and start working a proposal where we can allow more money for the facade. We probably going to do less, but we're going to be able to benefit more people OK, and also on the percentages on areas that are very depressed areas like Overtown and Model City and those areas, let's raise the amount of money that the City will contribute, so the merchants can contribute less and that way, we'll be able to help all of these businesses. Otherwise there is many, many businesses out there that won't be able to participate in the program because they can't afford to come up with the dollars. Chairman Winton: And we're spending in the wrong place I've told -- Ms. Rodriguez: Let me -- Chairman Winton: -- Excuse me. I told my constituents, particularly downtown, I said this is total insanity. Why are we getting government money? And the basic reaction from everybody down there is well, the City doesn't do anything down here so you might as well take that little bit, but I wouldn't have any trouble with this Commission because I know we're beginning to pay attention to downtown now and improving infrastructure. I would have no hesitation whatsoever at funneling money away from the real successful commercial business areas into the areas real need. I wouldn't hesitate to do that for a minute so, I don't mind. I think looking at those kind of options are good. Commissioner Gonzalez: It's up to my colleagues -- Ms. Rodriguez: Commissioner -- 124 May 8, 2003 Commissioner Gonzalez: --in the Commission whatever you want to do. Ms. Rodriguez: I want to say two things. One, Commissioner Teele, we have 56 facade in the pipeline through Pierre Toussaint so, it's starting to work you're initiative with them and in reference to the policy there is a policy decision that it will be coming June 24th at the CD which will change the guidelines for facade and percentage. Chairman Winton: OK. Commissioner Sanchez: So move. Chairman Winton: We have a motion. Second? Commissioner Gonzalez: Second. Chairman Winton: Got a motion and a second. Oh, we already have a motion and a second? OK, we already have a motion and a second. Any further discussion? Being none, all in favor, aye. The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. Motion carries. The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-453 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE TRANSFER OF FUNDS FROM THE CLOSEOUT OF 27TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT FUNDS, AS LISTED ON THE CLOSEOUT LISTS, ATTACHED AND INCORPORATED, TO THE COMMERCIAL FAQADE TREATMENT PROGRAM FOR THE REHABILITATION OF PARTICIPATING BUSINESSES, IN A TOTAL AMOUNT NOT TO EXCEED $389,934.44; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $63,854.43, FROM THE ECONOMIC DEVELOPMENT CATEGORY, $19,523.87 FROM THE HOUSING DEVELOPMENT CATEGORY, $164,301.79 FROM THE PUBLIC SERVICES CATEGORY AND $142,254.35 FROM MUNICIPAL SERVICES; FURTHER AUTHORIZING THE ROLLOVER OF ANY FUNDS UNSPENT BY SEPTEMBER 30, 2003, FROM THE COMMERCIAL FAQADE TREATMENT PROGRAM IN THE 28TH PROGRAM YEAR TO THE 29TH PROGRAM YEAR. 125 May 8, 2003 Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 16. ALLOCATE 29TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FUNDS, $1,500,000 TO CREATE LITTLE HAVANA HOME OWNERSHIP ZONE TRUST AND 29TH YEAR HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM FUNDS, $500,000, TO CREATE DISTRICT 4 HOUSING PILOT PROJECT FOR DEVELOPMENT OF AFFORDABLE HOUSING AND ADOPT POLICIES RELATED TO HOUSING DEVELOPMENT CATEGORY OF 29TH YEAR CDBG PROGRAM AND HOME OWNERSHIP ACTIVITIES OF HOME PROGRAM FOR BALANCE OF AVAILABLE FUNDS, $503,600 AND $3,355,685, RESPECTIVELY. Chairman Winton: Number 20. Barbara Rodriguez (Director, Community Development): Number 20 is basically as a follow-up to the last Commission meeting where you requested to come back with this item. This is basically allocating one point five million dollars to the Little Havana Home Ownership Zone Trust, with a commitment of a five-year commitment. We are also putting $500,000 as a pilot project for District 4, with a commitment of three years. And it also has a remaining balance of $503,600 CDBG (Community Development Block Grant), and $3,355,685 of HOME (Home Investment Partnership Program) that an RFP (Request for Proposals) will be going out for District 1, 2 and 5. It also incorporates the change of the twenty-five thousand to $30,000 second mortgages. And it also makes it a deferred loan where people will pay us back when they sell the property, or if they're refinancing, we will have the approval right. Vice Chairman Teele: Refinancing and taking out cash. Ms. Rodriguez: Correct. Vice Chairman Teele: But not just refinancing. Ms. Rodriguez: Absolutely not. Commissioner Gonzalez: Just taking out cash. Chairman Winton: Very important. Is this a public hearing? 126 May 8, 2003 Ms. Rodriguez: It is a public hearing. Chairman Winton: So Item 20 is a public hearing. Anyone from the public like to speak on Item 20? Yes, sir. Anyone else like to speak, please come up, as well. Reverend. Reverend Henry Nevins: Yes, sir. Chairman Winton: Name and address, please. Rev. Nevins: Henry Nevins, 1328 Northwest 3rd Avenue. And to the Commissioners, I just thank the Lord for each and every one of you. And some years ago, sir, I went to Detroit to look on enterprise home ownership, and they were teaching people how to buy homes, how to get in the home ownership business. And I thought, when I get back to Miami, I would implement that. Years ago, we built 35 units of rental in Overtown, and we need that to be implemented in Ms. Rodriguez' plan, that we can get some rental property. Right now, St. John CDC (Community Development Corporation) has inventory of land where we can build numerous amounts of rental property, and we are working towards that. So I hope that you can put that in her plan. Ms. Rodriguez: To clarify what the Reverend is saying, it's basically, the priority that you had identified was down payment assistance, second mortgage, new construction home ownership. What the Reverend would like is for you to consider as a priority also, new construction rental projects that will not -- It's not part of this RFP, and what he's looking is for you to include it in the RFP that we will be pointing out. Chairman Winton: Soon, we're not going to have any priorities. You're going to have everything under the sun lumped in here. Commissioner Gonzalez: Everything. Chairman Winton: Commissioner Teele. Vice Chairman Teele: Is there a particular project you have in mind? Ms. Rodriguez: Yes, they do. Rev. Nevins: Yes. Our inventory and land is calling for --and, you know, our problem is when we -- right -- one month before Hurricane Andrew, when we finished those 35 units, we had over 300 tenants waiting for rental property. It is our hope -- and we love the home ownership -- it's our hope that if we can get some money to educate those people into home ownership, it will be much better and easier for us. We are going into now building 14 units of home ownership, and we hope to continue that, because we love it. But we can -- it will be more successful for us moving them from rental property into home ownership once they are educated. 127 May 8, 2003 Vice Chairman Teele: Pastor Nevins, as a compromise, let me proffer this: We are the City Commission. We are not the CRA (Community Redevelopment Agency) right now. We're the City Commission. And I realize that sometimes, that concept gets confusing. If you will allow this policy to remain as it is, I will ask that you work with Ms. Rodriguez and we develop a resolution from the City Commission requesting that the CRA -- and listen to what I'm saying, Pastor Nevins, because you're going to have a much bigger bite at the apple in the context that there are probably only three or four organizations that are within the CRA that can apply. But citywide, you're going to be competing against 15 to 20. And how much money are we talking about? Ms. Rodriguez: Three point eight. It's $500,000 of CDBG, and three point three of HOME. Vice Chairman Teele: So if you would work with Ms. Rodriguez, I will support a resolution of the City Commission requesting that the CRA prioritize for the purpose of the program that you're outlining, that as a priority within the CRA. You're talking about building this within the CRA boundaries, right? Rev. Nevins: Yes. Vice Chairman Teele: And I don't know -- I mean, you know, I can only speak for myself on that. But I think that's a much better way to focus a project than to open it up citywide in a direction I think that the majority of the Commission is not prepared to go in. And I think your results will be you will wind up having a much better chance and likelihood to get money, because the CRA does have HOME money, right? Ms. Rodriguez: Correct. Vice Chairman Teele: And it does have CD (Community Development) -- some CD dollars, right? Ms. Rodriguez: Correct. Vice Chairman Teele: So -- if you understand what I'm saying, if that's acceptable to you. Rev. Nevins: We have been working with Ms. Rodriguez, and you know we have a consultant working with us, and he has been working closely with us -- with her, too. So what you are saying is directed to her, too, right? Vice Chairman Teele: Yes, sir. Rev. Nevins: OK. Vice Chairman Teele: What I'm asking you is, would that be a successful -- Would that be satisfactory to you? The response would be Ms. Rodriguez would then have to set up a public hearing of the City Commission regarding those CRA dollars, and moving the -- assuming the CRA Board agreed -- and moving the eligibility of some of those CD dollars for this kind of 128 May 8, 2003 program. It's much better to shift the focus of the CRA, which is where you're building within, than to try to shift the focus of the City. Rev. Nevins: OK. Vice Chairman Teele: And -- Commissioner Sanchez: Couldn't agree more. Vice Chairman Teele: Sir? Commissioner Sanchez: Couldn't agree more. Chairman Winton: OK. Commissioner Regalado: Mr. Chairman. Chairman Winton: Thank you, Reverend Nevins. Rev. Nevins: Yes. Commissioner Regalado: Mr. Chairman. Chairman Winton: Thank you. Yes, sir. Commissioner Regalado: I think that he needs to leave -- because, like Commissioner Teele said, we are not now the Board, the CRA Board and he needs to leave with some sense that what Commissioner Teele is proposing, he will be well received in the CRA Board. Commissioner Sanchez just said that he agrees. So I'm telling you that I think it's a very good idea, because for the CRA, it's much easier to move forward on this kind of project than this competing with other entities in the City of Miami that have long history of building buildings and all that. So you got three Board Members that are telling you that that's a very good idea. Rev. Nevins: Thank you very much. Chairman Winton: Thank you very much. Anyone else from the public like to comment on Item 20? Hearing none, we'll close the public hearing. Vice Chairman Teele: Motion, Mr. Chairman. Chairman Winton: We have a motion. Commissioner Gonzalez: Second. Chairman Winton: Second. Further discussion. Being none, all in favor, "aye." 129 May 8, 2003 The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-454 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF 29TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG') PROGRAM FUNDS, IN THE AMOUNT OF $1,500,000, TO CREATE THE LITTLE HAVANA HOME OWNERSHIP ZONE TRUST AND 29TH YEAR HOME INVESTMENT PARTNERSHIPS ("HOME") PROGRAM FUNDS, IN THE AMOUNT OF $500,000, TO CREATE THE DISTRICT 4 HOUSING PILOT PROJECT FOR THE DEVELOPMENT OF AFFORDABLE HOUSING; AND FURTHER ADOPTING THE 29TH YEAR CDBG PROGRAM AND HOME PROGRAM POLICY FOR CDBG HOUSING DEVELOPMENT CATEGORY AND HOME HOMEOWNERSHIP ACTIVITIES, ATTACHED AND INCORPORATED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez Vice Chairman Arthur E. Teele, Jr. Chairman Johnny L. Winton NAYS: None ABSENT: None Chairman Winton: Yes, sir. Ms. Rodriguez: Thank you. Vice Chairman Teele: Mr. Chairman, in furtherance of what Commissioner -- hold on. In furtherance of what Commissioner Regalado just said -- Reverend, Pastor, listen up just for one minute, sir. I would like to move that the management meet with the CRA staff and to schedule a public hearing for June -- when are you going to have it? June 24tn9 130 May 8, 2003 Ms. Rodriguez: June 24tH Vice Chairman Teele: For the second meeting in June, a public hearing regarding eligibility for home and whatever funds that have previously been awarded, perhaps in a more restrictive manner, to ensure that the eligibility and a priority in the category is outlined. I would so move. Commissioner Sanchez: Second, second. Chairman Winton: I have a motion and a second. Discussion. Vice Chairman Teele: The motion is simply for the staff to work with the CRA staff to make sure they get it before the Board, and then to have a public hearing on June 24th, so that the funds can then be designated as a priority, and eligible for that purpose. I'm not sure that when we gave the CD dollars to the CRA, we gave it for that purpose. Ms. Rodriguez: Correct. Vice Chairman Teele: We gave it for more restrictive purposes, such as infrastructure or something. Chairman Winton: Thank you. Further discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following motion was introduced by Vice Chairman Teele, who moved for its adoption: MOTION NO. 03-455 A MOTION DIRECTING THE CITY MANAGER TO MEET WITH THE COMMUNITY DEVELOPMENT AGENCY (CRA) STAFF TO SCHEDULE A PUBLIC HEARING ON JUNE 24, 2003 FOR THE PURPOSES OF CONSIDERING AWARDING PREVIOUSLY ALLOCATED HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM FUNDS AND COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO REVEREND NEVIN' S PROGRAM OF NEW CONSTRUCTION RENTAL PROJECTS. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez Vice Chairman Arthur E. Teele, Jr. Chairman Johnny L. Winton 131 May 8, 2003 NAYS: None ABSENT: None Chairman Winton: Reverend Nevins, Reverend Nevins, I am also -- I want to look at -- because I want to understand -- I want to understand what -- personally, I want to understand which project specifically you're talking about, and how it fit in the pecking order of the settlement we just reached. You understand? Because -- because I remember very clearly that in those settlements, we brought dollars to the table to complement dollars you already had committed for projects that would allow those projects to move forward. Ms. Rodriguez: Yes. Chairman Winton: So I just want to make sure that this is -- Excuse me. Could you all -- excuse me. You people in the back, excuse me. We have a Commission meeting going on right now, so could you all please come in quietly? No talking. Thank you. Reverend Nevins, so I just want to understand personally which specific project this is, and I want to make sure that it isn't one of those projects that we just reached a settlement on, where supposedly, the dollars are already in place, and the dollars we're adding -- Ms. Rodriguez: Not that one. Chairman Winton: -- kicked it into gear. So -- Ms. Rodriguez: Correct. Mr. Nevins: No, sir. We -- what I was thinking of, we have -- you know, our inventory -- Chairman Winton: You don't have to answer that right now. I just -- would you -- You can meet with my staff, and we'll sort through that, OK? Ms. Rodriguez: We will provide -- Rev. Nevins: I asked our secretary to set up an appointment with Mr. Teele and you as early as possible, for us to bring you -- update on what we are doing. Chairman Winton: OK. Well, you can actually meet with my staff. You don't have to meet with me, because -- Rev. Nevins: OK. Chairman Winton: -- it's harder for me to get around and go to meetings with this broken leg. So -- Rev. Nevins: OK. 132 May 8, 2003 Chairman Winton: So they're well versed, and they'll bring me up to speed. Thank you, Reverend Nevins. Rev. Nevins: Thank you. Chairman Winton: OK, that's it for 20. 17. AUTHORIZE ISSUANCE OF $25,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 2003, FOR PURPOSE OF REFUNDING PORTION OF CITY'S OUTSTANDING GENERAL OBLIGATION REFUNDING BONDS, SERIES 1993. Chairman Winton: OK, we have a 3:30 and it's 4:10 time certain, 3:30, Finance Department 41A. How did we end up with all these time certains? They mess everything up. The whole Commission meeting's time certain. Scott Simpson, 41A. Is he around? Commissioner Regalado: Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Regalado: Whenever -- when are we -- did we did blue pages? No? Chairman Winton: No. Are you kidding? So, is Scott Simpson coming to the podium or not? We're going to move on and 41A can be -- where is he? Can we -- yes, ma'am, you're going to do this -- Linda Haskins (Chief Financial Officer): This is on the (INAUDIBLE) item. We have Scott here. Chairman Winton: It's obviously what? 41A. Scott Simpson (Director, Finance Department): Sorry about that. It was a traffic jam up front. We're here today, Scott Simpson, Finance Department. We're here today to get approval to move forward with a refunding of a 1993 general obligation bond. The net present value on the savings is about $1,200,000. We're looking to take the savings of the life of the bond. I have bond council here who is going to talk a little bit about the resolution and what we went through to get here today and hopefully the financial advisor will be here momentarily to answer any additional questions. Jo -Linda Herring: Good afternoon, my name is Jo -Linda Herring with the firm of Bryant, Miller, and Olive and we're serving as bond counsel on this transaction. We are asking you today to authorize the refunding of a not to exceed $25 million. We will be refunding the general obligation bond series 1993, those maturing in the yeas 2004 through 2013. We expect to call those bonds and fully retire them on July the 1st. We have gone through about two days with the City, various officials doing due diligence. We're viewing all the financial documents 133 May 8, 2003 and litigation of the City and we did not find anything material, so we're asking that you pass this resolution this afternoon. Chairman Winton: That's pretty straight forward. Need a motion. Commissioner Sanchez: So move. Chairman Winton: Got a motion and a second. Discussion on this Item? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. Motion carries. 134 May 8, 2003 The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-456 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $25,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 2003, FOR THE PURPOSE OF REFUNDING A PORTION OF THE CITY'S OUTSTANDING GENERAL OBLIGATION REFUNDING BONDS, SERIES 1993; PROVIDING THAT SUCH GENERAL OBLIGATION REFUNDING BONDS SHALL CONSTITUTE GENERAL OBLIGATIONS OF THE CITY AND THAT THE FULL FAITH, CREDIT AND TAXING POWER OF THE CITY SHALL BE IRREVOCABLY PLEDGED FOR THE PAYMENT OF THE PRINCIPAL OF, REDEMPTION PREMIUM, IF ANY, AND INTEREST ON SUCH BONDS; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; DELEGATING TO THE CITY MANAGER THE DETERMINATION OF CERTAIN MATTERS AND DETAILS CONCERNING THE BONDS; AUTHORIZING THE NEGOTIATED SALE OF THE BONDS; APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF A BOND PURCHASE AGREEMENT IN CONNECTION THEREWITH; APPOINTING A PAYING AGENT AND A BOND REGISTRAR; APPOINTING AN ESCROW AGENT; APPROVING THE FORM OF ESCROW DEPOSIT AGREEMENT; APPROVING UNCERTIFICATED, BOOK -ENTRY ONLY REGISTRATION OF SAID BONDS WITH THE DEPOSITORY TRUST COMPANY; DELEGATING TO THE CITY MANAGER AUTHORITY TO NEGOTIATE AND OBTAIN A MUNICIPAL BOND INSURANCE POLICY TO INSURE SAID BONDS AND TO EXECUTE AND DELIVER ANY RELATED AGREEMENTS; PROVIDING FOR A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT AND THE SELECTION OF A FINANCIAL PRINTER THEREFORE; COVENANTING TO PROVIDE CONTINUING DISCLOSURE IN CONNECTION WITH THE BONDS IN ACCORDANCE WITH SECURITIES AND EXCHANGE COMMISSION RULE 15c2-12 AND AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH RESPECT THERETO; PROVIDING FOR THE APPOINTMENT OF A VERIFICATION AGENT; AUTHORIZING ALL REQUIRED ACTIONS; AND PROVIDING AN EFFECTIVE DATE. 135 May 8, 2003 Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado Mr. Simpson: Thank you very much. Chairman Winton: Thank you. All right. 18. AUTHORIZE ACQUISITION OF ONE BLUE BIRD TYPE D FRONT ENGINE (FE) SCHOOL BUS, MODEL NUMBER A3FE7200S, WITH OPTIONAL EQUIPMENT, FROM FLORIDA TRANSPORTATION SYSTEMS, INC. UNDER EXISTING STATE OF FLORIDA DEPARTMENT OF EDUCATION CONTRACT, BID NO. 2002-32, RATIFY, APPROVE AND CONFIRMING MANAGER'S FINDING OF SOLE SOURCE, FOR CONVERSION OF SCHOOL BUS INTO PRISONER TRANSPORT BUS BY FLORIDA TRANSPORTATION SYSTEMS, INC.; WAIVE COMPETITIVE SEALED BIDDING REQUIREMENTS FOR SAID CONVERSION, $106,461; ALLOCATE FUNDS FROM LOCAL LAW ENFORCEMENT BLOCK GRANT VII. Chairman Winton: So, could we go to agenda Item 6 and we'll just get some of these whacked out real quick? While we're waiting on -- we've got another time certain in 15 minutes so, why don't we attack a bunch of the regular Commission agenda items? Commissioner Sanchez: Item 6 is a four -fifth. Chairman Winton: Yes, it is. We need a motion on 6. Vice Chairman Teele: What is it? Commissioner Sanchez: So move, Mr. Chairman. Vice Chairman Teele: Second. Chairman Winton: Got a motion and a second. Discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. Motion carries. 136 May 8, 2003 The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-457 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ACQUISITION OF ONE BLUE BIRD TYPE D FRONT ENGINE (FE) SCHOOL BUS, MODEL NUMBER A3FE7200S, WITH OPTIONAL EQUIPMENT, FROM FLORIDA TRANSPORTATION SYSTEMS, INC. UNDER EXISTING STATE OF FLORIDA CONTRACT, BID NO. 2002-32, RATIFYING, APPROVING AND CONFIRMING BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER A DULY ADVERTISED PUBLIC HEARING, THE CITY MANAGER'S FINDING OF SOLE SOURCE, DETERMINING THAT COMPETITIVE SEALED BIDDING PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CONVERSION OF THE SCHOOL BUS INTO A PRISONER TRANSPORT BUS BY FLORIDA TRANSPORTATION SYSTEMS, INC., THE AUTHORIZED DISTRIBUTOR OF BLUE BIRD COMMERCIAL TYPE BUSES IN THE STATE OF FLORIDA; AND WAIVING THE COMPETITIVE SEALED BIDDING REQUIREMENTS FOR SAID CONVERSION, IN A TOTAL PROPOSED AMOUNT NOT TO EXCEED $106,641; ALLOCATING FUNDS FROM THE LOCAL LAW ENFORCEMENT BLOCK GRANT VII, ACCOUNT CODE NO. 142023.290539.6.840, FOR SAID ACQUISITION AND CONVERSION. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado 19. APPROVE CITY'S OPTION TO RENEW REVOCABLE AGREEMENT WITH CITY SOLUTIONS, INC., FOR PLACEMENT OF MODULAR NEWS RACKS ON DESIGNATED PUBLIC RIGHTS- OF -WAY. Chairman Winton: Item 7, need a motion. Commissioner Sanchez: So move. Commissioner Gonzalez: Second. 137 May 8, 2003 Chairman Winton: We'll be here all night if we don't move a little faster than this -- Vice Chairman Teele: Well. Chairman Winton: -- got a motion and a second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. Motion carries. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-458 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE CITY'S OPTION TO RENEW, FOR A TWO-YEAR PERIOD, THE REVOCABLE AGREEMENT ("AGREEMENT") DATED NOVEMBER 27, 2001, WITH CITY SOLUTIONS, INC., ATTACHED AND INCORPORATED, AUTHORIZED PURSUANT TO RESOLUTION NO. 01-1149, FOR THE PLACEMENT OF MODULAR NEWS RACKS ON DESIGNATED PUBLIC RIGHTS-OF-WAY; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. Upon being seconded by Commissioner Gonzalez the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado 20. ACCEPT PLAT ENTITLED HARDIE ROAD ESTATES. Chairman Winton: Item 8. Vice Chairman Teele: So move. Wait -- Chairman Winton: Got a -- Vice Chairman Teele: -- wait didn't we do 8 this morning? 138 May 8, 2003 Chairman Winton: I don't -- Vice Chairman Teele: -- No, 9 we did 9. Chairman Winton: Yeah. Vice Chairman Teele: -- I so move. Commissioner Sanchez: Second. Chairman Winton: Got a motion and a second on plat on 8. Discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. Motion carries. The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-459 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE PLAT ENTITLED HARDIE ROAD ESTATES, A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado Vice Chairman Teele: We did 9; I did 9. 139 May 8, 2003 21. ACCEPT PLAT ENTITLED BISCAYNE BAY TOWER. Vice Chairman Teele: Move 10. Chairman Winton: We did 9? Move 10 need a second. Commissioner Gonzalez: Second it. Chairman Winton: Got a motion and a second on 10. Discussion? Being none, all in favor, aye. The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. Motion carries. The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-460 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE PLAT ENTITLED BISCAYNE BAY TOWER, A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 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 140 May 8, 2003 22. ACCEPT PLAT ENTITLED "CUSHMAN SCHOOL". Chairman Winton: 11, another plat. Commissioner Gonzalez: Move 11. Chairman Winton: Got a motion, Commissioner Teele. Vice Chairman Teele: Second. Chairman Winton: Got a motion and a second. Discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. Motion carries. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-461 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "CUSHMAN SCHOOL," A SUBDIVISION OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," ATTACHED AND INCORPORATED, AND SUBJECT TO ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT' AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA. Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado 141 May 8, 2003 23. DECLARE CITY -OWNED PARCEL OF REAL PROPERTY AS SURPLUS LOCATED ADJACENT TO 592 NORTHEAST 60TH STREET; APPROVE SALE OF SAID PROPERTY TO CUSHMAN SCHOOL, FOR $500. Chairman Winton: Item 12. Vice Chairman Teele: So move. Commissioner Sanchez: Second. Chairman Winton: Got a motion and a second. Discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. Motion carries. The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-462 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DECLARING A CITY -OWNED PARCEL OF REAL PROPERTY ("PROPERTY"), DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, AS SURPLUS, LOCATED ADJACENT TO 592 NORTHEAST 60TH STREET, MIAMI, FLORIDA; APPROVING THE SALE OF SAID PROPERTY TO THE CUSHMAN SCHOOL, FOR THE SUM OF $500, SUBJECT TO APPROVAL AND RECORDATION OF THE FINAL PLAT OF THE CUSHMAN SCHOOL REPLAT AND OTHER CONDITIONS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE FOLLOWING DOCUMENTS BOTH IN SUBSTANTIALLY THE ATTACHED FORM: (1) A QUIT CLAIM DEED, "EXHIBIT B," CONVEYING THE PROPERTY FROM THE CITY OF MIAMI TO THE CUSHMAN SCHOOL, AND (2) AN OWNERS AFFIDAVIT, "EXHIBIT C;" FURTHER AUTHORIZING THE CITY MANAGER TO EXERCISE PROVISIONS CONTAINED HEREIN. 142 May 8, 2003 Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado 24. AUTHORIZE MANAGER TO EXECUTE GRANT OF EASEMENT WITH STATE OF FLORIDA AND FLORIDA POWER & LIGHT (FP&L) FOR TEN FOOT PERPETUAL, NON-EXCLUSIVE STRIP EASEMENT, TO BE USED BY FP&L ON WATSON ISLAND, LOCATED AT 1111 PARROT JUNGLE TRAIL FOR CONSTRUCTION, OPERATION AND MAINTENANCE OF UNDERGROUND ELECTRIC UTILITY FACILITIES AND VAULT. Chairman Winton: Item 13. Commissioner Sanchez: So move. Chairman Winton: Another grant easement -- Vice Chairman Teele: Second. Chairman Winton: Got a motion and a second. Discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. Motion carries. 143 May 8, 2003 The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-463 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE OF FLORIDA AND FLORIDA POWER & LIGHT ("FP&L") FOR A TEN FOOT PERPETUAL NON-EXCLUSIVE STRIP EASEMENT AS DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, TO BE USED BY FP&L ON WATSON ISLAND, LOCATED AT APPROXIMATELY 1111 PARROT JUNGLE TRAIL, MIAMI, FLORIDA, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF UNDERGROUND ELECTRIC UTILITY FACILITIES AND VAULT, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE THE VOLTAGE, REMOVE SUCH FACILITIES, AS WELL AS INGRESS AND EGRESS TO THE EASEMENT AREA. 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 25. APPROVE GRANT OF TEMPORARY CONSTRUCTION EASEMENT AND GRANT OF EASEMENT BETWEEN CITY AND MIAMI-DADE WATER AND SEWER DEPARTMENT FOR CONSTRUCTION, INSTALLATION AND MAINTENANCE OF NEW WATER MAIN AND APPURTENANCES, UNDER AND THROUGH JOSE MARTI PARK PROPERTY LOCATED AT 351 SOUTHWEST 4TH STREET. Chairman Winton: 14 approving a grant. Commissioner Sanchez: So move, Mr. Chairman. Commissioner Gonzalez: Second. Chairman Winton: Motion and a second. Discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. 144 May 8, 2003 Chairman Winton: Like sign opposed. Motion carries. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-464 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE GRANT OF TEMPORARY CONSTRUCTION EASEMENT, AND A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORMS, BETWEEN THE CITY OF MIAMI AND MIAMI-DADE WATER AND SEWER DEPARTMENT FOR CONSTRUCTION, INSTALLATION AND MAINTENANCE OF A NEW WATER MAIN AND APPURTENANCES, UNDER AND THROUGH JOSE MARTI PARK PROPERTY LOCATED AT 351 SOUTHWEST 4TH STREET, MIAMI, FLORIDA, FOR A PERIOD BEGINNING WITH THE DATE OF EXECUTION AND CONTINUING UNTIL COMPLETION OF THE PROJECT, BUT NOT TO EXCEED ONE YEAR; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT OF TEMPORARY CONSTRUCTION EASEMENT AND GRANT OF EASEMENT, FOR SAID PROJECT. 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 Chairman Winton: 15 we've done. Vice Chairman Teele: 16, I guess you're done. Commissioner Gonzalez: We did 15? Vice Chairman Teele: Yeah, that was on redistricting. Commissioner Gonzalez: Yes, we did. Chairman Winton: 16 is also on redistricting. 17 we've done. Commissioner Gonzalez: 18 was done. 145 May 8, 2003 Commissioner Sanchez: 21. Chairman Winton: 18, 19, 20, done. 26. BRIEF COMMENTS REGARDING CRIME SITUATION IN ALLAPATTAH AND OTHER AREAS IN CITY (See #2.1 & 2.28). Chairman Winton: 21 -- Vice Chairman Teele: 4:30. Chairman Winton: -- is time certain of 4:30, so, 22, oh, 21 and 22 are tied together and 23, 24, 25, and 26 are all tied together. So, we have a second reading ordinance Item 27. Vice Chairman Teele: Mr. Chairman, not to break your flow here -- Chairman Winton: Yes, sir. Vice Chairman Teele: Before you, I want to be fair to the chief. I've not had an opportunity to meet with him or talk to him, but this morning we recessed an item to come back at 3 o'clock and I saw the chief and all those people milling around. Major what's his name? Chairman Winton: Longueira. Vice Chairman Teele: Major McQueen, Commander McQueen, Major McQueen and I just want to make sure, this -- have you all worked it out and we're not going to bring this back because I was presiding and I just want to -- Commissioner Gonzalez, we don't need to hear anymore from this? We're straight on this? Chairman Winton: Do we need data, Commissioner Gonzalez? Commissioner Gonzalez: Yes, Commissioner Teele. I just met with Deputy Chief Fernandez and Major McQueen and according to Major McQueen in fact, it has been an increase in some kind of crimes and a decrease in some other crimes -- Chairman Winton: Is that citywide? Commissioner Gonzalez: -- to me crime is crime that's something that I tried to explain to Deputy Chief. I look at -- we look at Allapattah and we look Citywide. I know Commissioner Regalado have also some concerns that he expressed publicly yesterday in his district. In fact, they admitted that -- I can't remember how they call it -- robbery I guess it is, he saw the arrest are down some 30 percent, 37 percent and definitely. They know that we have a problem in Allapattah specifically and we've been talking about Allapattah and they assure me that they are working on plans to solve this situation. I just had my Chief of Staff call me that we had another incident just a few minutes ago on 28th Street. It's a shopping center where you have over 20 businesses. The place has been robbed. I got my staff running over there now to find out exactly 146 May 8, 2003 what happened if anybody's hurt but we had another strong arm robbery in a supermarket in the middle of the neighborhood at 4 o'clock in the afternoon and this is what I'm talking about but we went over the different points. We went over a long discussion about different issues and matters that I don't believe there are necessary to be discussed here. All I'm asking is that something be done and I have been promised by the Deputy Chief that something is on the works to try to bring this situation under control but in fact, there are some crimes I went down and there some crimes I went up and to me crime is crime. I don't care if you sell one cigarette of marijuana or you sell 200 pounds. To me, you're selling marijuana, and I don't care if you sell one ounce of cocaine or 20 kilos, you're selling cocaine. To me, it doesn't make any difference if I rob you or take your glasses or if I take your watch. You know, so, crime is crime, and that's the way and what I tried to explain the Deputy Chief is that they are trained law enforcement officers. They have gone to an academy. They know about the distinction between one kind of crime and another kind of crime, but regular citizens. They haven't had the training. They say crime. Whatever, crime is crime, and that's a perception that we have to erase from the minds of our merchants in the City of Miami and our residents because it is definitely going to hurt our communities. Chairman Winton: Yes, sir. Frank Fernandez (Deputy Chief Miami Police): Mr. Chairman -- Commissioner Gonzalez: Commissioner Regalado has a -- Commissioner Regalado: Sorry. Chairman Winton: Yes, sir. Deputy Chief Fernandez: Can I have five minutes of your time? I'd just really like to clarify the record and I have a presentation I'd like to present to the Commissioners regarding crime. To further clarify the concerns that the Commissioner had this morning, if you would allow me to. Chairman Winton: Well, yes I will. I just hope that I think Commissioner Teele used the words very well this morning. You know, we're trying to fix this problem and not create a new one so, data is data that's important. How it's delivered is also important. Deputy Chief Fernandez: Absolutely, I agree with you. Chairman Winton: Thank you. Yes, sir, I'm sorry. Commissioner Regalado: Mr. Chairman. I don't know if we need to hear a full presentation because you know, maybe we can get into a debate and maybe I could challenge. Maybe the complaints I have send to the Manager that he told me he sent to your Police Department does not reflect what you have in your book because it's about old people in West Little Havana being harassed by gangs. They don't call the police. It's about plants being stolen. They told me they don't call the police. It's about gangs on the 43rd Avenue corridor from Kinlock, they don't call the police but they're afraid, so what you're going to say, at least to me, is of no use because 147 May 8, 2003 you're not going to convince me that what the people are telling and showing me, the mark where the potted plants were, the windows of their cars and houses is not in your book so, I don't understand what -- I think that the main issue here, at least my main issue is that you, the Chief and the Miami Police Department is not responsive. You don't even respond to the emails that I have sent. In fact, the Manager told you to meet with the Commissioners and you came once then you never came. Then, they send somebody else and then they asked if we could do it instead of every Monday every month, which I said is fine, so to me, that presentation is not going to convince me. I guess that if you want to convince the other board members its fine by me, but my issues are different. You're not responsive. I mean, not you, but the department. You don't even answer some of the emails or memos which by the way, I don't send directly to the Chief of Police because I know the City Charter. I have to send it to the Manager so he will send it to the Chief of Police. I guess, and the Chief of Police will send it back to the Manager, so you know, I, Mr. Chairman, I don't know if you want to allow this presentation. If you want to, it's fine by me. I don't, I'm not in a hurry here but you will not be able, at least to address my concerns and the reason that I reacted like this is because to me, it was a surprise that the chief said on the Hispanic radio and he hasn't had any complaints from other Commissioner other than Commissioner Gonzalez. I have complained a lot, and you know that, and to me that was something it's very dangerous because either he's not getting the information or he's not -- he doesn't care about 1/5th of the City, so that is my issues and I just wanted to say it to you. Chairman Winton: Thank you, Commissioner Regalado. I think Deputy Chief, I think frankly it wouldn't necessarily serve the purpose we're all trying to achieve with you showing the data today. I don't know you know, in these kind of situations I wasn't involved on either side of this and as the chair you have to make decisions about how you move things forward and I've also seen my role from day one even you know, just one of the guys up here, I always consider my job to try to figure out how we all work together because that's the only way we will be successful, all five of us, the Mayor and all of you out there working together. That's the only thing that works, and part of my job is to work hard to you know, we'll all have our bumps in the road and Commissioner Gonzalez and I'll disagree on something and Commissioner Regalado and I'll disagree with something, but we have to move on and figure out how we stay friends and do the business of the City, so my view is let's not do the data presentation today. I would encourage however additional time whatever time that is that's required spent with Commissioner Gonzalez and Commissioner Regalado in any fashion they would like you know in a car with them out and about so they can, you know sometimes this, you know, it's constituents that call that you have to deal with. Sometimes it's frustration over you know, people in your ear all the time. You think, would you guys get this stuff done? Sometimes it's just a misunderstanding of data and sometimes it just very real, but the only thing that really cures that generally is real dialogue and so I really would encourage y'all to spend whatever time you need in the field, in the office wherever they'd like it so that we put all this back together again and move along and continue to have a great City that we're all proud of with continuing reduced crime. Mr. Fernandez: Mr. Commissioner we're willing to work with every single Commissioner out here. I can say that were are open to the public. We take information from everyone. I apologize for the inconvenience I may have caused you, but the decision to send someone else on my behalf was my decision. I did meet with you originally -- 148 May 8, 2003 Commissioner Regalado: Once. Mr. Fernandez: -- once that's correct and the other -- Commissioner Regalado: And you were told by the Manager to meet every week. Mr. Fernandez: That's correct. And in my presence so that I could go out there and do other issues I sent someone on my behalf. Commissioner Regalado: I know that you are very busy. Chairman Winton: Excuse me, excuse me. I think you're right where I was hoping we might not be. Mr. Fernandez: OK. Chairman Winton: I think that y'all need to go in private where you can talk this whole thing through and solve this problem and figure out precisely what the steps are going to be that we all take that makes this process work and I don't think we're going to have a public dialog, a public discussion about it, if you don't mind. Mr. Fernandez: That's no problem. If you would allow me just to pass out the data that you asked for originally. I'll just pass that out. At your convenience you can review it and if you have any questions, I'll be at your disposal. Chairman Winton: I would appreciate if you'd give it to go to each of the offices of the Commissioners and hand it to their Chief of Staff or somebody in those offices. Mr. Fernandez: Yes, sir no problem. Chairman Winton: Thank you, sir. Priscilla A. Thompson (City Clerk): Chair, excuse me Chairman, we do need his name on the record. Chairman Winton: You know, maybe, I'm almost halfway through this term. I might not get it straight before I'm bounced out of here. Yes, sir, name and address. Mr. Fernandez: Frank Fernandez, Deputy Chief, Miami Police. Chairman Winton: Thank you, sir. 149 May 8, 2003 27. SECOND 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. Chairman Winton: Alright, we were trying to fly through a few the items here I guess it's about 4:30 so, so, it's 4:21? Vice Chairman Teele: You can't start an item before. Chairman Winton: Yeah, I agree we can't start before -- what are we on 41-A? What Item? Commissioner Gonzalez: 27. Vice Chairman Teele: Item number 27 is a second ordinance. Chairman Winton: It's a second reading of an ordinance. Is this a public hearing? OK, we have a motion and a second this is a public hearing. Anyone from the public like to speak on Item 27? Being none, we'll close the public hearing. Mr. City Attorney, would you read the ordinance? The ordinance was read by title into the public record by the City Attorney. An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING 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 (1) 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, AND (2) ADD NEW SUBPARAGRAPH (h)(3)(ii) TO PROVIDE THAT ANY LIEN(S) RELEASED BY THE CITY MANAGER SHALL BE REINSTATED UNDER CERTAIN CIRCUMSTANCES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 150 May 8, 2003 The ordinance was passed on its first reading, by title, at the meeting of April 10, 2003, was taken up for its second and final reading, by title and adoption. On motion of Vice Chairman Teele, 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: 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. 12360. Chairman Winton: Roll call, please. Priscilla A. Thompson (City Clerk): The ordinance is adopted on second reading, 4/0. 28. SECOND READING ORDINANCE: AMEND ORDINANCE NO. 12280, CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE, TO INCREASE APPROPRIATIONS, $200,000, IN CAPITAL IMPROVEMENT PROGRAM PROJECT ENTITLED "WATSON ISLAND IMPROVEMENTS," SAID FUNDS RECEIVED AS GRANT FROM FLORIDA LAND AND WATER CONSERVATION FUND FROM STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR DESIGN AND CONSTRUCTION OF BAYWALK ON WATSON ISLAND. Chairman Winton: Item 28 second -- Commissioner Gonzalez: Move Item 28. Chairman Winton: Got a motion. Need a second, Commissioner Teele, second. This is an ordinance. Is this also a public hearing? Alejandro Vilarello (City Attorney): Public hearing. Chairman Winton: Got a public hearing on Item 28. Anyone from the public like to speak on 28? Apparently not so, we'll close the public hearing. Would you read the ordinance, please? The ordinance was read by title into the public record by the City Attorney. 151 May 8, 2003 An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 12280, AS AMENDED, THE CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE, TO INCREASE APPROPRIATIONS IN THE AMOUNT OF $200,000, IN CAPITAL IMPROVEMENT PROGRAM PROJECT NO. 333126, ENTITLED "WATSON ISLAND IMPROVEMENTS," SAID FUNDS RECEIVED AS A GRANT FROM THE FLORIDA LAND AND WATER CONSERVATION FUND FROM THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR THE DESIGN AND CONSTRUCTION OF A BAYWALK ON WATSON ISLAND; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AND TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT ACCEPTANCE OF SAID GRANT. The ordinance was passed on its first reading, by title, at the meeting of April 10, 2003, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Gonzalez, seconded by Vice Chairman Teele, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado NAYS: None. ABSENT: Commissioner Joe Sanchez SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12361. Priscilla A. Thompson (City Clerk): The ordinance is adopted on second reading, 4/0. 29. SECOND READING ORDINANCE: AMEND ORDINANCE NO. 11418 WHICH ESTABLISHED INITIAL RESOURCES AND APPROPRIATIONS FOR SPECIAL REVENUE FUND ENTITLED, "PARTNERSHIP FUND;" TO INCREASE APPROPRIATIONS TO FUND, SAID FUNDS 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. Chairman Winton: Item 29 second reading ordinance. Again, need a motion. Commissioner Gonzalez: So move 29. 152 May 8, 2003 Commissioner Regalado: Second. Chairman Winton: Second by Commissioner Regalado. Public hearing, anyone from the public like to speak on 29? Being none, we'll close the public hearing. Read the ordinance, please. The ordinance was read by title into the public record by the City Attorney. An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING 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. The ordinance was passed on its first reading, by title, at the meeting of April 10, 2003, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Gonzalez, seconded by Commissioner Regalado, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: 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. 12362. Priscilla A. Thompson (City Clerk): The ordinance is adopted on second reading, 4/0. 153 May 8, 2003 30. SECOND 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. Chairman Winton: Item 30 second reading ordinance as well. Need a motion, second reading. Commissioner Regalado: Move it. Chairman Winton: And a second. Commissioner Gonzalez: Second. Chairman Winton: Got a motion and a second. Public hearing, anyone from the public like to speak on Item 30? Being none, we'll close the public hearing. Read the ordinance please. The ordinance was read by title into the public record by the City Attorney. An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 16 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ELECTIONS," TO (1) REQUIRE PAYMENT OF A FEE IN THE AMOUNT OF $100 TO QUALIFY TO RUN FOR MAYOR OF THE CITY OF MIAMI, (2) REQUIRE PAYMENT OF A FEE IN THE AMOUNT OF $100 TO QUALIFY TO RUN FOR COMMISSIONER OF THE CITY OF MIAMI, (3) ESTABLISH WHEN THE QUALIFICATION FEE IS TO BE PAID, AND (4) ESTABLISH AN EXEMPTION FROM PAYMENT OF THE REQUIRED QUALIFICATION FEE; MORE PARTICULARLY BY ADDING NEW SUBSECTIONS 16-6 (A) (6) AND 16-6 (B) (7) AND SECTION 16-7, AND AMENDING SUBSECTION 16-6(C) TO THE CODE; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 154 May 8, 2003 The ordinance was passed on its first reading, by title, at the meeting of April 10, 2003, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Regalado, 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: 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. 12363. Priscilla A. Thompson (City Clerk): The ordinance is adopted on second reading, 4/0. 31. FIRST READING ORDINANCE: AMEND SECTION 62-61 OF CITY CODE, ENTITLED "ZONING AND PLANNING, PLANNING ADVISORY BOARD," TO ADD NON-VOTING MEMBER APPOINTED BY MIAMI-DADE COUNTY SCHOOL BOARD TO PLANNING ADVISORY BOARD (PAB), AND EXEMPT SCHOOL BOARD'S EX - OFFICIO, NON-VOTING APPOINTEE FROM PROVISIONS OF CHAPTER 62, ARTICLE V, ENTITLED "APPOINTMENT OF MEMBERS AND ALTERNATE MEMBERS OF THE PLANNING ADVISORY BOARD AND ZONING BOARD". Chairman Winton: 31, first reading ordinance. Need a motion. Commissioner Gonzalez: Move 31. Chairman Winton: Commissioner Regalado, second? This is appointing a school board member a non voting school board member to the Planning Advisory Board which was a part of that interlocal agreement we signed some time ago. Commissioner Regalado: Why are we doing this? Alejandro Vilarello (City Attorney): This is requiring -- Chairman Winton: Because it's part of the requirement. I'm sorry, yes, sir. Mr. Vilarello: It's required by the state statute and the interlocal agreement that we entered into with the Dade County School Board. Chairman Winton: So, I need a second. 155 May 8, 2003 Commissioner Regalado: Second. Chairman Winton: We have a motion and a second on first reading ordinance. This is a public hearing, I'm assuming. No? Mr. Vilarello: No. First reading is not -- The ordinance was read by title into the public record by the City Attorney. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62, ARTICLE III, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING, PLANNING ADVISORY BOARD," TO ADD A NON-VOTING MEMBER APPOINTED BY THE MIAMI-DADE COUNTY SCHOOL BOARD (PURSUANT TO SECTION 1013.33 AND 163.31777 OF THE FLORIDA STATUTES) TO THE PLANNING ADVISORY BOARD ("PAB"), AND EXEMPTING THE SCHOOL BOARD'S EX -OFFICIO, NON-VOTING APPOINTEE FROM THE PROVISIONS OF CHAPTER 62, ARTICLE V, ENTITLED "APPOINTMENT OF MEMBERS AND ALTERNATE MEMBERS OF THE PLANNING ADVISORY BOARD AND ZONING BOARD;" MORE PARTICULARLY BY AMENDING SECTION 62-61 OF THE CITY CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IlVMEDIATE EFFECTIVE DATE. was introduced by Commissioner Gonzalez, seconded by Commissioner Regalado, and was passed on first reading, by title only, by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado NAYS: None. ABSENT: Commissioner Joe Sanchez Priscilla A. Thompson (City Clerk): The ordinance is passed on first reading, 4/0. 156 May 8, 2003 32. REVENUE FUND ENTITLED: "MIAMI-DADE COUNTY EMS GRANT AWARD (FY 2002-2003)," AND APPROPRIATE FUNDS FOR OPERATION OF SAME, $229,993, CONSISTING OF GRANT APPORTIONED BY MIAMI-DADE COUNTY FROM STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES "GRANT PROGRAM FOR COUNTIES," AND $120,000 IN CARRY-OVER FUND BALANCE FROM PREVIOUS EMS GRANT AWARDS. Chairman Winton: 32, ordinance accepting a grant. Commissioner Gonzalez: Move 32. Commissioner Regalado: Second. Chairman Winton: Got a motion and a second. Read the ordinance, please. The ordinance was read by title into the public record by the City Attorney. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "MIAMI-DADE COUNTY EMS GRANT AWARD (FY 2002-2003)," AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE TOTAL AMOUNT OF $229,993, CONSISTING OF A GRANT APPORTIONED BY MIAMI-DADE COUNTY FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES "GRANT PROGRAM FOR COUNTIES," AND $120,000 IN CARRY-OVER FUND BALANCE FROM PREVIOUS EMS GRANT AWARDS; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Gonzalez, seconded by Commissioner Regalado, and was passed on first reading, by title only, by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 157 May 8, 2003 Priscilla A. Thompson (City Clerk): The ordinance is passed on first reading, 5/0. 33. TABLED: PROPOSED ORDINANCE ESTABLISHING NEW SPECIAL REVENUE FUND ENTITLED "THE NEIGHBORHOOD INITIATIVE GRANT FOR MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST". TABLED: PROPOSED ALLOCATION OF $1,815,133.15, OF FISCAL YEAR 2003 HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BONDS DESIGNATED FOR MODEL CITY HOMEOWNERSHIP ZONE PILOT PROJECTS. (See #41 & 42). Chairman Winton: 33 first reading ordinance again, another grant, need a motion. Commissioner Gonzalez: I move 33, but I have a question. Chairman Winton: Motion, second. Who's not read in what is that suppose to -- Commissioner Regalado: Second. Chairman Winton: I'm sorry, second? Got a motion and a second. Yes, sir, discussion. What - Commissioner Gonzalez: Yes, Mr. Chairman, as a backup document we have a list of different cities that receive some monies from this program and supposedly the City of Miami is supposed to be on this list and I have gone up and down this list about 10 times trying to find the City of Miami and I don't see it. I don't see the City of Miami in the backup document. I don't know if the gave us the wrong page or but it's not -- the City of Miami is not here. Chairman Winton: Excuse me -- Mr. -- Commissioner Gonzalez: We have Kentucky, we have Illinois, Michigan, New York, Cincinnati, but Miami, Florida is not here. Chairman Winton: Commissioner Gonzalez, I just got a note from my office. Apparently, Marva Wiley representing the trust here has just called my office a few minutes ago. She is running late and would like us to take up 33 and -- Unidentified Speaker: 41. Chairman Winton: -- 41 a little later as soon as she gets here and should could probably answer questions, so do we have to do something about this first and second that we have? We have a motion and a second. Alejandro Vilarello (City Attorney): Certainly you withdraw the motion and -- Commissioner Gonzalez: I'll withdraw the motion. 158 May 8, 2003 Chairman Winton: OK, second withdraws? Alright, so we'll postpone 33 and -- 33 and what? Priscilla A. Thompson (City Clerk): 41. Chairman Winton: 41. Commissioner Gonzalez: 33 and 41 are postponed. Vice Chairman Teele: (INAUDIBLE) question on 33 please. Commissioner Gonzalez: There is a backup on this item and it's on the top of the documents 1417 and then it start with $135,000 to the new director housing corporation Louisville, Kentucky and I went down this list and I don't find the City of Miami on the list. Supposedly the City of Miami or the trust was supposed to be included in this document. Joe Arriola (City Manager): Mr. Chairman. Chairman Winton: So, can you answer that question or are we going to wait for someone? Vice Chairman Teele: We're going to wait. Chairman Winton: OK, fine, so. 34. FIRST READING ORDINANCE: CHANGING TUESDAY, NOVEMBER 11, 2003, MUNICIPAL RUN-OFF ELECTION TO TUESDAY, NOVEMBER 18, 2003, TO PROVIDE MIAMI-DADE COUNTY SUPERVISOR OF ELECTIONS SUFFICIENT TIME TO ACCURATELY PROGRAM VOTING MACHINES, PRINT AND TEST -RUN BALLOT, AND PROVIDE SUFFICIENT TIME FOR PROCESSING ABSENTEE BALLOTING;. Vice Chairman Teele: Move Item number 34. Chairman Winton: Mr. Manager. Joe Arriola (City Manager): I want to withdraw Item 34 Chairman Winton: Withdrawing Item 34. Vice Chairman Teele: I move 35. Chairman Winton: We got a motion on 35, need a second. Commissioner Gonzalez: Second 35. Chairman Winton: It's a first reading ordinance. Read the ordinance, please, Item 35, Mr. City Attorney. 159 May 8, 2003 Commissioner Regalado: Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Regalado: I just want to know. Is it a delay on the runoff -- is it because it's a Jewish Holiday or is it because they need time for the machines? Chairman Winton: I don't know. Who's -- Priscilla A. Thompson (City Clerk): Commissioner Regalado, no, there's no Jewish Holiday. They need the time to reprogram the machines. This is where we're changing the date to the 18th, that's your question, from the -- the runoff would be one week later, which is November 11th and then the following is November 18th but it's not a Jewish Holiday. It's reprogramming the machines. Commissioner Regalado: So, instead of a week for the runoff, there will be two weeks before -- between the general election and the runoff. Ms. Thompson: That's correct, sir. Commissioner Regalado: Are all municipalities doing this? Ms. Thompson: Yes, sir. In fact, this is going to allow us to piggyback I think it's the Miami Beach and Hialeah also has their elections on that day, runoff. Commissioner Gonzalez: But Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Gonzalez: Is this going to be in every election or just in general elections? Ms. Thompson: No, this was just requested for the runoff election. Chairman Winton: For this specific -- Ms. Thompson: This specific -- Commissioner Gonzalez: For this particular election next November. Ms. Thompson: That's correct. Commissioner Gonzalez: So, it's not for the future. It's just for this one here. Ms. Thompson: That's correct. Commissioner Gonzalez: OK. 160 May 8, 2003 Chairman Winton: OK, we have a motion and a second. Could you read the ordinance, please? The ordinance was read by title into the public record by the City Attorney. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION RELATING TO MUNICIPAL ELECTIONS; CHANGING THE TUESDAY, NOVEMBER 11, 2003, CITY OF MIAMI MUNICIPAL RUN-OFF ELECTION TO TUESDAY, NOVEMBER 18, 2003, TO PROVIDE THE MIAMI-DADE COUNTY SUPERVISOR OF ELECTIONS SUFFICIENT TIME TO ACCURATELY PROGRAM VOTING MACHINES, PRINT AND TEST -RUN THE BALLOT, AND PROVIDE SUFFICIENT TIME FOR PROCESSING ABSENTEE BALLOTING; DIRECTING THE CITY CLERK TO TRANSMIT CERTIFIED COPIES OF THIS ORDINANCE TO MIAMI-DADE COUNTY MANAGER STEVE SHIVER AND THE MIAMI-DADE COUNTY ELECTIONS SUPERVISOR; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. was introduced by Vice Chairman Teele, seconded by Commissioner Gonzalez, and was passed on first reading, by title only, by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Priscilla A. Thompson (City Clerk): The ordinance is passed on first reading, 5/0. 161 May 8, 2003 35. AUTHORIZE MANAGER TO EXECUTE AGREEMENT BETWEEN CITY AND CITY NATIONAL BANK OF FLORIDA, AS TRUSTEE FOR ONE MIAMI PROJECT ON MIAMI RIVER IN DOWNTOWN, TO PROVIDE $4,160,000, TO CONSTRUCT PUBLIC GREENWAY OR RIVER WALK AS GATEWAY TO CITY AT MOUTH OF MIAMI RIVER; ALLOCATE FUNDS FROM DOWNTOWN INFRASTRUCTURE IMPROVEMENTS PROJECT UNDER HOMELAND DEFENSE — NEIGHBORHOOD IMPROVEMENT BOND PROGRAM, CAPITAL IMPROVEMENT PROJECT. Chairman Winton: Item 36 is a resolution. We need a motion. Commissioner Gonzalez: Move Item 36. Chairman Winton: Need a second. Commissioner Sanchez: Second. Chairman Winton: Got a motion and a second. Discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. Motion carries. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-465 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND CITY NATIONAL BANK OF FLORIDA, AS TRUSTEE FOR THE ONE MIAMI PROJECT ON THE MIAMI RIVER IN DOWNTOWN, TO PROVIDE FUNDS, IN THE AMOUNT OF $4,160,000, TO CONSTRUCT A PUBLIC GREENWAY OR RIVER WALK AS A GATEWAY TO THE CITY AT THE MOUTH OF THE MIAMI RIVER; ALLOCATING FUNDS FROM DOWNTOWN INFRASTRUCTURE IMPROVEMENTS PROJECT UNDER THE HOMELAND DEFENSE — NEIGHBORHOOD IMPROVEMENT BOND PROGRAM, CAPITAL IMPROVEMENT PROJECT NO. 3 412 10. 162 May 8, 2003 Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 36. APPROVING THE CITY OF MIAMI'S CO-SPONSORSHIP AND AUTHORIZING AND DIRECTING THE PROVISION OF TECHNICAL SUPPORT, ASSISTANCE, AND IN-KIND CONTRIBUTIONS AND SERVICES, IN AN AGGREGATE AMOUNT NOT TO EXCEED $97,800 FOR THE FOLLOWING PARADES AND EVENTS FOR FISCAL YEAR 2002-2003: STARKS CHARITABLE FOUNDATION, CAMILLE & SULETTE MERILUS FOUNDATION/ BICENTENNIAL OF HAITI'S FLAG, MIAMI/BAHAMAS GOOMBAY FESTIVAL, AND GOLD CUP SOCCER. Chairman Winton: Thirty-seven. Commissioner Gonzalez: Move 37. Vice Chairman Teele: Second. Chairman Winton: Got a motion and a second on 37. Discussion. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: What is the Gold Cup Soccer? Chairman Winton: I'm sorry? Vice Chairman Teele: I'd like to have a little bit of discussion on Gold Cup Soccer. Chairman Winton: Mr. Manager, do you have someone here that can speak intelligently on Gold Cup Soccer? Vice Chairman Teele: The largest single item on here is Gold Cup Soccer and -- Chairman Winton: OK. 163 May 8, 2003 Vice Chairman Teele: I'm for it. I think this City needs to set aside, Mr. Manager, within the Parks budget, we need to set aside funds for a pilot soccer initiative. The problem with soccer is that black Americans and Cuban Americans, which probably make up about 85 percent of this City or 80 percent, are not really into soccer. So everybody else, from Jamaica, from Haiti, from Brazil, the largest country in the hemisphere outside of the U.S. (United States), are all into soccer. And if we're going to be a world-class city, we should commit substantial park and resource dollars to soccer. I don't think there's any question that we ought to have soccer. But in the context of these festivals, I just need to understand why Goombay's -- you know, which is also the largest event of its kind. It involves literally hundreds of thousands of people. It appeared in the front pages of, at least, two international newspapers. I'm surprised the Mayor is not down here speaking on Goombay's behalf. Why Goombay is being reduced -- there's no grant -- this is all in-kind, right? This resolution, as I read it, is all in-kind. Linda Blanco: Yes, it's in-kind. Linda Blanco, Special Events Coordinator. But on the record, I would like to request that the resolution is amended so that the $40,000 be allocated directly, as a cash grant, to Goombay, and then they will be paying all City services and that -- it would save them $10,000. Chairman Teele: So that's the amendment from the Manager -- from the staff? Ms. Blanco: Yes. That Goombay be given $40,000 directly as a cash grant. And their police bill will be substantially lowered. Vice Chairman Teele: And Gold Cup Soccer, where is that held? Christina Abrams: The Gold Cup Soccer -- Christina Abrams, Director of Public Facilities. The Gold Cup Soccer is held at the Orange Bowl Stadium. It's an event that comes every two years. This is the first year in history that they've done it two years in a row in the City of Miami. And we're very pleased to have them because we expect attendance of over 150,000 people, and revenues to the City of over 400,000. Commissioner Sanchez: Mr. Chairman. Vice Chairman Teele: Best investment on the list. Chairman Winton: Yeah. Ms. Abrams: Absolutely. Chairman Winton: Yes, sir, Commissioner Sanchez. Commissioner Sanchez: If I may, let me just say that all these organizations here are worthwhile organizations, but I think that the City -- we basically need to start focusing on providing start-up assistance to a lot of these great events. And as years go by, they could be able to get themselves financially through sponsorship and partnering up with corporate America, to alleviate the support that the City gives them. And, I could give you an example of the -- which I consider to 164 May 8, 2003 be the number one revenue generator in the City of Miami, and that's Carnival Miami, with Kiwanis of Little Havana. They don't ask the City for a penny. And, you know, good for them. They've been doing it for years. I'm sure, at the beginning, they did get help from the City. But we need to start focusing on a lot of these organizations to get them start-up costs and also assist them in trying to get sponsorship from corporate America and the private sector, so that way it's not the burden on the taxpayers. Also, one concern that I have here, this -- all these items here is like 70 percent or 75 percent of the entire budget, that the money is left over in the Special Events account. So I have great concerns because there are other events in our community that are going to be coming in front of this Commission asking for support. Ms. Blanco: Yes, Commissioner. If all these items are approved, including all the personal appearance from this morning, the balance in the account will be 36,855.01 to be exact. And we still have Roots and Culture. We have Carnival de Independencia de Centro America en Mexico, Peace in the Hood, Operation Green (INAUDIBLE), Africando (phonetic). Commissioner Sanchez: I mean, that's -- you know, it's all about being fair here to everyone. I mean, what happens when we run out of money? I mean, there's going to be a mad rush to come out at next Commission meeting trying to get the remaining balance. So I'm very concerned. Chairman Winton: I think I've been saying this from day one. Commissioner Sanchez: Yeah. Chairman Winton: From the day I got here, didn't I? I mean, this is a -- we don't have a -- we don't -- it's a kind of a helter-skelter plan, so -- Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: Is the Deputy Police Chief still here? Did the Deputy leave? Unidentified Speaker: Yes, sir. He left. You need him? Vice Chairman Teele: No, no. Mr. Chairman, I have two very serious comments that I want to make. The analogy of the Little Havana chamber is a great analogy, and I've used that analogy many times. It is probably the single most successful event that involves the masses, the public in the City of Miami. I don't know of anything other than the Orange Bowl Parade, and I guess that's no longer here. But a part of the problem that we have to deal with are the effects of a poor community. We keep saying we're the poorest city in the nation. It sounds good to talk about getting projects started and then going to the private sector, but I will say, publicly, what I've never said before. I'm embarrassed every Christmas because I have to go to Tomas Regalado, I have to go to Willy Gort, I have to go now to Angel Gonzalez to get gifts donated from the substantial businesses in their district. There is a terrible price to pay for poverty. There's a terrible price to pay for not having businesses. And we talk about being the poorest city, and we understand and we understood after 9/11 better than ever and (INAUDIBLE) -- not 165 May 8, 2003 to bring that up, yet, Tomas -- but we understood the importance of festivals and cultures. Because the truth of the matter is, Miami means fun. Miami means festivals. You can go anywhere in the world. You can go to Taiwan. You can go to New York, London. You say Miami, you get one response: Great city. Fun city. I want to go there. Festivals mean a lot to the image and the culture of this City. But the fact of the matter is, is that we don't have an even playing field. Is it anybody's fault up here? No. Is it anybody's fault, directly, in the public? No. It is the byproduct of what this city has been for 107 years. And it's very painful to see something like Goombay Festival, which has been struggling -- but let me tell you something, folks. The difference is this: When you pick up Black Enterprise magazine and when you pick up the Latin Trade Magazine and they say the top 100 businesses -- Hispanic businesses in the nation, 15, 20 to 30 are going to be in Miami -Dade County. You pick up Black Enterprise, not a one. And that's the tip of the iceberg. That's the top. And so, it's easy -- and I commend the gentleman from the Puerto Rican council this morning, who went out and raised $20,000. But I have gone out each year and provided a corporate underwriter -- found a corporate underwriter for Goombay. It is virtually impossible right now. You think American Airlines is putting up money, even though they monopolize the aviation routes between Miami and Nassau; even though they control 70 percent of the lift? Do you think American Airlines' operations director is going to go to his Chief Financial Officer and say, "I need $20,000 for the Goombay Festival?" That guy would be fired on the spot. I mean, this is a tough period. It's a tough time. And I've got to say, you know, that a big part of this challenge that we're dealing with -- and I certainly have respect for the Police Department, but we've got to figure out a way to get some of these costs -- Mr. Manager, we've got to figure out a way to get some of these costs that are associated with these events as a part of the Police budget. Because what the public doesn't understand is, we're not giving these organizations 20 and $30,000 of cash. We are giving them that -- the benefit of that, but we're paying for police services. We're paying for City services in some case. In some case, we're paying for venue costs. I would assume, with the Gold Cup, we're going to be underwriting venue costs, again, and that's all proper. I just have to come down -- and, Johnny, you have been so consistent and I don't even -- I've always defended your position on this. I just have to come down 100 percent on the other side of the equation, particularly for the community that I represent, you know. Roots and Culture event, which is not even on here, which has been for the last 12 years on the third week, Memorial Day weekend, OK, why they weren't presented? I don't know. Can you tell me that? But it's one of the few events that's held in the community, in the Haitian community. They don't have a park. They don't have a Marti Park. They don't have a Gibson Park. So do you know where they have Roots and Culture? On the street. Miami Avenue. On the streets. Everybody else goes to a park. This is not theory. This is real. So what does that mean, Mr. Manager? You know how much money it costs to close off a street for two days that's got how many intersections in it, Maj or? Major Craig McQueen: Well, actually going from -- Vice Chairman Teele: How many check -- how many points? Major McQueen: Eight. Close to eight points. Vice Chairman Teele: No, no. 166 May 8, 2003 Major McQueen: That's just on Miami Avenue. Now you've got to count the side streets. Vice Chairman Teele: I'm talking about the other streets. Major McQueen: Well, you're looking over -- Vice Chairman Teele: You're looking at total about 30 -- Major McQueen: Thirty points, at least. Vice Chairman Teele: -- points that you've got to provide two police. And that's where the money is going. We don't have a park in Little Haiti, so we have to do it on the street. Chairman Winton: Commissioner Teele, I think that -- I think you hit the nail on the head, that is the part of this that gives all us the biggest headache, and it certainly does me when I'm thinking about this. This whole issue of City services costs, that really is the big bug -a -boo here. And I -- Police and Fire -- and I think that if those two components weren't in here and was a part of our overall budget, you know, we wouldn't be having any discussion. So, Mr. Manager, would you look at -- you know, we're going to have another budget next year coming up. It's not far. We need to -- we talked about it last year, but let's really play with this. I don't want to go through this again next year. Commissioner Regalado: Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Regalado: For your information, Art, today I'm bringing -- from the Coconut Grove Marketing Committee -- for your approval, $3,000 from the committee's fund that was approved for electronic signs directing the people, because traffic is going to be a mess during the Goombay in the Grove. Yesterday the police made a presentation and they requested more signs in order to direct traffic. So the committee is paying for those additional signs. Now, Goombay has asked to come back because they are running short. And they have asked to be in the agenda for June 1st or 2nd in the committee. So what I'm -- I'm just confirming what you're saying. They have a problem, you know. And it seems to me that we should get the police to have a special fund to at least pay for signage, you know, directing people. I mean, this committee from the Grove is paying for the signs because it was a decision made by the merchants that they needed the signs. But the City would not have rent the signs had it not been for the committee, so we have a problem here. Chairman Winton: OK. So, Mr. Manager, would you look at this when we get ready for the next budget cycle? And as a part of the actual budget process and our discussion, I would like to make sure that this is a discussion item in our budgetary process so that you can help bring us a solution to this problem that we discussed ad nauseam at least six times a year, maybe more. We're not bringing anything new to the table. I've heard it all and now you've heard it. So, maybe you can help bring the solution to the table. 167 May 8, 2003 Joe Arriola (City Manager): By the way, we're already working on it. Chairman Winton: Great. Thank you. Mr. Arriola: And now -- Vice Chairman Teele: Mr. Chairman, could I hear from Ms. Blanco just -- Ms. Blanco: I just, on behalf of Goombay, would like for all you to know that their police budget alone this year for the 2 -day event, just because they extended the route, is $45,512. So when we are giving them $40,000, it won't even cover for police. Commissioner Regalado: And that's what I'm saying, that they're running short. Chairman Winton: Right. Commissioner Regalado: They're running short. I mean, we're talking -- Chairman Winton: They're running short (INAUDIBLE) Commissioner Regalado: And by the way, I still say that it's unfair for the committee to pay for the signs -- Chairman Winton: So do I. Commissioner Regalado: -- directing the traffic. I mean, you know, we're taking money out of the savings account of the committee to do this. Chairman Winton: Yeah. Wrong -- Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: On the point -- Chairman Winton: And then last item on this issue. Vice Chairman Teele: Deputy Chief Fernandez has come back. And, Chief, I want to apologize if you came back as a result, but I don't like things being said about you sort of behind your back. And I knew that this issue was going to come up regarding Goombay. And I am asking the Police Department to work directly with the Manager's office and the Budget office to see if we can tweak this -- I'm in full agreement with what Commissioner Winton has just said -- for a complete review. But, you know, there is an event that we provided some assistance to, that is, a bicentennial event and the cost of that event, without a major incident or without any major 168 May 8, 2003 arrests, has gone from, you know, let's say $6,000 to $30,000 in one year. First of all, you can't even factor that in. You can't -- we've got to work a better way. And I just want to be on record as saying to the Police Department, I really think one of the services that we have to provide is not just arresting the bad guys, but trying to cooperate with our citizens and our visitors and our taxpayers, who are doing the good thing. And provision of police services is just really got to be reexamined, I think. Otherwise, we're all going to be more and more frustrated. Deputy Chief Frank Fernandez: Commissioner, Frank Fernandez, Miami Police Deputy Chief. That came to my attention this morning. I did speak with our Special Events Office. We're further reviewing it. And it is a 6,000 to $17,000 difference. Vice Chairman Teele: No, it's 6 to 26. Deputy Chief Fernandez: OK. Vice Chairman Teele: But the point is this -- Chairman Winton: I mean, insurance doesn't even go up that much. Vice Chairman Teele: I mean, we've just got to work harder at trying to transpose the budget so that, as Commissioner Regalado just said, so that every time something comes in, it's not being paid -- passed back to the taxpayers, to the public. We provide the police budget -- what's the police budget a year, 300,000,000? I mean, I'm sorry. I'm sorry. Hold it. One seventy-five and then fully loaded -- does anybody know fully loaded, fully allocated? Commissioner Gonzalez: About 140. Vice Chairman Teele: Huh? Chairman Winton: Yeah. It's plenty. Mr. Arriola: It's over 100. Chairman Winton: Let's -- Commissioner Gonzalez: It's about 140, right? Vice Chairman Teele: We've got to figure out a way to work this a little bit better. Chairman Winton: Right. Deputy Chief Fernandez: We did have some special situations that did occur at the last event, which is why the increase. But I'm most certain we could work on it and do what we can. Chairman Winton: Great. 169 May 8, 2003 Deputy Chief Fernandez: That's it? Chairman Winton: Thank you. OK. Deputy Chief Fernandez: Thank you. Chairman Winton: That's enough for this item. Do we have a motion and a second? Priscilla A. Thompson (City Clerk): Yes, you do. Vice Chairman Teele: As amended. Chairman Winton: As amended. Alejandro Vilarello (City Attorney): A substitute resolution. Chairman Winton: Oh, it's a resolution? OK. Mr. Vilarello: And I could just quickly read it because -- Chairman Winton: Would you read the resolution, please? Commissioner Gonzalez: I just want to ask a question. Just one simple, fast question. Chairman Winton: I haven't heard any simple, fast questions. Commissioner Gonzalez: Can we call on the Florida Highway Patrol for these off-duty jobs? Can we have the Florida Highway Patrol do these off-duty because they're a lot cheaper than City of Miami Police Department. Vice Chairman Teele: Oh, you want to get the union all mad at us now. Commissioner Gonzalez: Huh? What now? Chairman Winton: I told you this wasn't going to be simple. Commissioner Sanchez: No. Commissioner Gonzalez: Off-duty. Chairman Winton: Does someone have an answer to this question? Commissioner Gonzalez: Off-duty patrol -- Florida Highway Patrol officers. They use them on the street jobs. 170 May 8, 2003 Chairman Winton: Is there anything that prevents the City of Miami from using off-duty Florida Highway Patrol officers for policing our local -- Commissioner Gonzalez: Events. Chairman Winton: --events. Vice Chairman Teele: Don't answer that, Frank. You know, let me tell you. It's a set up. Anything he does, he's going to go wrong. Commissioner Sanchez: Frank. Vice Chairman Teele: Why don't you ask the City Attorney to write an opinion? Commissioner Gonzalez: Mr. City Attorney. Mr. Vilarello: Would you like me to answer the question or write an opinion? Commissioner Gonzalez: Is there anything illegal in hiring -- Mr. Vilarello: No. Commissioner Gonzalez: -- Florida -- no? Commissioner Sanchez: I could answer that question but I refuse to. Commissioner Gonzalez: You have a conflict of interest. Chairman Winton: OK. The City Attorney has -- Commissioner Gonzalez: Thank you. Chairman Winton: Thank you. The City Attorney has answered the question. We have a motion and a second. Any further discussion? Being none, all in favor "aye." Mr. Vilarello: Commissioner, if I could just address -- The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. The motion carries. 171 May 8, 2003 The following motion was introduced by Commissioner Gonzalez, who moved for its adoption: MOTION NO. 03-466 A MOTION APPROVING THE CITY OF MIAMI'S CO-SPONSORSHIP AND AUTHORIZING AND DIRECTING THE PROVISION OF TECHNICAL SUPPORT, ASSISTANCE, AND IN-KIND CONTRIBUTIONS AND SERVICES IN AN AGGREGATE AMOUNT NOT TO EXCEED $97,800, FOR THE FOLLOWING ADDITIONAL PARADES AND EVENTS SCHEDULED TO TAKE PLACE DURING FISCAL YEAR 2002-2003: STARKS CHARITABLE FOUNDATION, CAMILLE AND SULETTE MERILUS FOUNDATION, BICENTENNIAL OF HAITI'S FLAG, MIAMIBAHAMAS GOOMBAY FESTIVAL, AND GOLD CUP SOCCER; ALLOCATING FUNDS FROM SPECIAL EVENTS FESTIVAL ACCOUNT NO. 001000921054.6.289 FOR SAID PURPOSE. Upon being seconded by Vice Chairman Teele, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Chairman Winton: We have a -- Mr. Vilarello: Mr. Chairman, the resolution has got to be modified -- Chairman Winton: Oh, did you read it yet? Mr. Vilarello: -- because this is actually a resolution that amends resolution number 02-1285 and approves the City of Miami's co-sponsorship in authorizing and directing the provisions of technical support, assistance, and in-kind contributions and services in an aggregate amount not to exceed $97,800 for the events that were previously discussed, taking place in this fiscal year. Vice Chairman Teele: So moved. Commissioner Gonzalez: Second. Chairman Winton: Motion, second -- 172 May 8, 2003 Ms. Blanco: And to include the cash grant directly to Goombay. So I can transfer that -- Vice Chairman Teele: Is that contained in that? Ms. Blanco: No, it's not. Vice Chairman Teele: And further -- I'm moving it further with the understanding that the Goombay grant will go directly to them and not in-kind. Is that what you're saying? Ms. Blanco: Yeah. To send the check directly to Goombay and they -- these figures are an off- duty rate. Vice Chairman Teele: All right. Ms. Blanco: The 45,000 is -- Chairman Winton: Right. Ms. Blanco: -- an off-duty rate. Chairman Winton: We have a motion and a second. We have any further discussion? Vice Chairman Teele: No. Commissioner Sanchez: (COMMENTS OFF THE RECORD) Chairman Winton: Thank you, sir. All in favor "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. Motion finally carries. The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-467 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE CITY OF MIAMI'S CO-SPONSORSHIP AND AUTHORIZING AND DIRECTING THE PROVISION OF TECHNICAL SUPPORT, ASSISTANCE, AND IN-KIND CONTRIBUTIONS AND SERVICES, IN AN AGGREGATE AMOUNT NOT TO EXCEED $97,800 FOR THE FOLLOWING PARADES AND EVENTS FOR FISCAL YEAR 2002- 2003: STARKS CHARITABLE FOUNDATION, CAMILLE & SULETTE MERILUS FOUNDATION/ BICENTENNIAL OF HAITI'S FLAG, MIAMIBAHAMAS GOOMBAY FESTIVAL, AND GOLD CUP SOCCER. 173 May 8, 2003 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 174 May 8, 2003 37. INSTRUCT MANAGER TO WORK WITH CONSULTANTS, LAND PLANNERS, LANDSCAPE ENGINEERS AND LANDSCAPE ARCHITECTS, TO RESTUDY AND NARROW BOUNDARIES OF PROPOSED LITTLE HAITI PARK BY MAKING NORTHEAST 64TH TERRACE NORTHERN BOUNDARY AND NORTHEAST 4TH AVENUE NORTH OF 62ND STREET EASTERN BOUNDARY IN ORDER TO MINIMIZE POTENTIAL LOSS OF JOBS IN LONG-TERM PLAN OF PARK. RELATED TO ACQUISITION OF LAND FOR PROPOSED LITTLE HAITI PARK, DIRECT MANAGER NOT TO ACQUIRE ANY PROPERTY THAT WAS LISTED IN PROPERTY RECORDS AS HOMESTEAD EXEMPTED SINCE JANUARY 9, 2001; MANAGER TO DETERMINE APPROPRIATE ADDITIONAL EXEMPTION FOR BUSINESSES WHICH HISTORICALLY EMPLOY CERTAIN NUMBER OF INDIVIDUALS. AUTHORIZE MANAGER TO ACCEPT CONVEYANCE OF COUNTY-OWNED PROPERTIES LOCATED AT 299,303 N.E. 59TH TERRACE AND 6150 N.E. 4TH AVENUE,. AUTHORIZE MANAGER TO EXERCISE OPTION TO PURCHASE PROPERTY LOCATED AT 263 NORTHEAST 59TH TERRACE, AS DESCRIBED IN OPTION AGREEMENT BETWEEN CITY AND ESTATE OF WESNER ISSAC FABIUS, IN CONNECTION WITH DEVELOPMENT OF LITTLE HAITI PARK, $150,000; ALLOCATE $169,000 FROM $255 MILLION HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND TO COVER COSTS OF SAID ACQUISITION. AUTHORIZE MANAGER TO EXECUTE OPTION TO PURCHASE REAL PROPERTY AGREEMENT BETWEEN CITY AND ARY MOISE INTERNATIONAL, INC., TO PURCHASE PROPERTY LOCATED AT 253 NORTHEAST 59TH TERRACE, IN CONNECTION WITH DEVELOPMENT OF LITTLE HAITI PARK, $85,000; ALLOCATE $88,310 FROM $255 MILLION HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BONDS TO COVER COSTS OF SAID ACQUISITION. AUTHORIZE MANAGER TO EXECUTE OPTION TO PURCHASE REAL PROPERTY AGREEMENT BETWEEN CITY AND ARY MOISE (SELLER) TO PURCHASE PROPERTY LOCATED AT 255 NORTHEAST 59th TERRACE IN CONNECTION WITH DEVELOPMENT OF LITTLE HAITI PARK, $18,500; ALLOCATE $21,500 FROM $255 MILLION HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND TO COVER COSTS OF SAID ACQUISITION. AUTHORIZE MANAGER TO EXECUTE PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF PROPERTY LOCATED AT 265-71 NORTHEAST 59TH TERRACE, AS DESCRIBED IN PURCHASE AND SALE AGREEMENT BETWEEN CITY AND JERRY ALLEN MASHBURN AND KAREN MASHBURN, IN CONNECTION WITH DEVELOPMENT OF LITTLE HAITI PARK, $175,000; ALLOCATE $205,000 FROM $255 MILLION HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND TO COVER COST OF SAID ACQUISITION. DIRECT MANAGER TO MEET WITH MIAMI-DADE COUNTY OFFICIALS AS IT RELATES TO REDEVELOPMENT OF CARIBBEAN MARKET PLACE AND COME BACK TO COMMISSION WITHIN 30 DAYS WITH COMPREHENSIVE PLAN. DIRECT MANAGER AND CITY ATTORNEY, IN CONJUNCTION WITH BOND OVERSIGHT BOARD, TO COME BACK WITH RESOLUTION WITHIN 30 DAYS TO PROVIDE FOR INFORMATION PROGRAM AND CAMPAIGN TO DEAL WITH LACK OF INFORMATION AS RELATES TO PROPOSED LITTLE HAITI PARK. 175 May 8, 2003 Chairman Winton: We have a 4:30 time certain discussion concerning Little Haiti Park acquisitions. Who's going to start off the process that kind of lays the groundwork here? And then, I guess, we'll go immediately to the public discussion. Somebody from the Manager's Office. Keith Carswell: Keith Carswell, Director for the Department of Economic Development. Commissioner Gonzalez: Where are we, Mr. Chairman? Mr. Carswell: What you have presented before you this afternoon are several parcels that we're looking at acquiring in connection with the Little Haiti Park. I'd like to mention that each of the parcels that we're acquiring -- there're approximately four -- have gone to two committees of the Bond Oversight Board. They've actually gone to the Finance Committee and they've also gone to the main board of the Bond Oversight Board. And at each committee, we've received approval or a recommendation to move forward with these particular purchases. I passed out a sheet that provides a map, which generally shows you the boundaries of the proposed park, as well as the acquisitions and conveyance that we're requesting. The yellow on the sheet are the parcels that we're actually acquiring. And the green, 16, 61 and 18 are being conveyed to us by Miami -Dade County and they are vacant and abandoned lots. Chairman Winton: Well, this meeting was set up as a public hearing. Could I get a sense -- those of you in the audience, how many of you in the audience intend to speak at the public hearing? Would you just raise your hand for me? Raise your hand. OK. Then why don't we open the public hearing portion of this. Do you have sign-ups already? OK. Would you bring me that sign-up sheet? Well, I think I have more sign-up sheets than I saw hands go up. So -- no. Yeah. Would you? No, because I want to get -- and we're going to use both podiums. So could I get -- Vice Chairman Teele: Thank you. Chairman Winton: And my apologies to all of you, if I get your names wrong. I'm reading them here and I don't know -- you know, I may get them wrong. So you can correct me, slap me, whatever. When you come to the microphone, just make sure you get your name straight, if I happen to mess it up for you. But I would like to have the first four speakers come to the microphone. Two here and two here. Michael Blanc, would you come up? Jaynette -- Jaynetta Destine, Marco Azucar -- that's part of it? Oh. Is this Cynthia or -- Priscilla A. Thompson (City Clerk): Cynthia Blanc. Chairman Winton: Cynthia Blanc. That's four. Could I get those people to come to the microphone, please? OK. We do -- no. I said Cynthia Blanc. No problem. We do have translators. Does anyone in the audience feel they would like to have -- we have translators in both Creole and Spanish. Would y'all come up, the translators, please, and ask the audience -- if people in the audience feel they would like ongoing translation first in -- whoever comes up first -- OK -- first in Creole? Would you ask the audience if they would like to have Creole translation, please? 176 May 8, 2003 (TRANSLATOR ADDRESSING AUDIENCE IN CREOLE.) Chairman Winton: Ask them to raise their hands if they would like it. Unidentified Speaker: Right there, sir. Chairman Winton: One? Unidentified Speaker: Three. Chairman Winton: Three. OK. And would you do the same thing in Spanish? (TRANSLATOR ADDRESSING AUDIENCE IN SPANISH.) Unidentified Speaker: OK. Just the one lady up in front of your -- Chairman Winton: So, does that mean we need to do the simultaneous translations on all the discussion? Huh? Help me. Yes, sir. Commissioner Regalado: What you do is, to that lady who does not speak English, you go there next to her. Have her sit on the corner and she'll whisper and then we don't have to lose -- Chairman Winton: Yeah. Commissioner Regalado: -- time on the simultaneous. Chairman Winton: And could we get our Creole translator to sit with the group right here and do the same thing? Did you hear? Unidentified Speaker: No, sir. Chairman Winton: We would like y'all to sit -- there's only three people that need translation. So, would you just sit with them instead of doing the -- so we can move this along much quicker? Sit with them and do the translation, please. Thank you. Unidentified Speaker: Thank you. Commissioner Regalado: You don't need the mic. You don't need the mic. Just -- Chairman Winton: Right. OK. Michael Blanc. Is that you, sir? MichaelOguns: Yes. Chairman Winton: OK. We need -- each of you, we need your name and address for the record. 177 May 8, 2003 Cynthia Blanc: That's not Michael Blanc. Chairman Winton: Huh? Ms. Blanc: That's not Michael Blanc. This is Michael Blanc, my son. He wants me to go first. Chairman Winton: Oh. Mr. Oguns: Did you say Michael Oguns? Chairman Winton: No. I said Michael Blanc. Ms. Blanc: No. He said Michael Blanc. Mr. Oguns: Oh. Chairman Winton: OK. We need name and address for the record. And everyone is going to be limited to two minutes. Ms. Blanc: Good afternoon, everyone. My name is Cynthia Blanc and I live at 6863 North Miami Avenue. And I have attended St. Mary's Cathedral and Miami Edison Senior High School, both in the Little Haiti district. Before I continue, let me give you all a brief background of my community. I'm going to use up my kid's minutes. Little Haiti is one of greater Miami's richest cultural and historic communities. Haitians who first fled Haiti settled and recreated their home in what we now call Little Haiti. This vibrant Creole -speaking community is alive with Haitian flavor and is authentic with signs, art, boutiques, (INAUDIBLE), fruit stands, domino tents, cuisine, and traditional lifestyles. Little Haiti also features the Toussaint L'Ouverture Elementary School, the Roots and Culture Festival, and the Caribbean marketplace. Because of these reasons and many more, I fully support and beg for a park in Little Haiti. The reason why I'm begging for this park in Little Haiti is because I have lived, went to school, and worked in Little Haiti since 1981. I now have two children that I am raising in the Little Haiti area, and we have a very hard time going to Morningside Park because of the gate. And we have a difficult time going to Range Park because of negative things associated with that area. So we have to drive to North Miami Beach, or we have to drive to Little Havana. I also want this park in Little Haiti because there is no place in the Little Haiti program for community-based organizations to have youth programs for my children and other youth in the area. I also want this park in Little Haiti because senior citizens, like my mother and other seniors, in the area don't have a place to go and hang out on Sundays, the way they traditionally did back in their homeland in Haiti. It's a tradition in Haiti to go to the park, eat ice cream, talk to your friends and play dominoes. We currently do not have that in Little Haiti. I am angered today to see all of these people here in red and white t -shirts opposing what I need in my community. I wish I would have known that these people existed or these corporations existed, because for the past 23 years I've been in the community, I've never seen or heard from any one of them. They never sponsor the Roots and Culture Festival. They never did -- they never worked with community-based organizations. They don't patronize our small businesses. They don't help the youth. They haven't done anything that I am aware of, in the past 23 years, in my community. January 1, 2004, in closing, 178 May 8, 2003 my people are going to be celebrating the 200th anniversary of the bicentennial of our country, and we plan to celebrate grandiosely. Little Haiti is a cultural and historic community. Please do not turn this vibrant community into an industrial and corporate community. I beg of you to leave Haiti historical and cultural. Thank you. Chairman Winton: Yes, ma'am. You're up. Vice Chairman Teele: Pull the mic close to your mouth. Chairman Winton: Yeah. Pull the mic down a little bit. There you go. And I need your name and address also for the record. Thanks. Jaynetta Destine: Good afternoon. My name is Jaynetta Destine and I live on 6863 North Miami Avenue, and I attend Miami Edison Middle School. I'm here to support the Little Haiti Park. I think we should have a park because us kids right now, we can't go inside Morningside Park because it's blocked with gates and things. And Range Park -- I'm not allowed to go to Range Park because of the area, because there's a lot of drug dealers and homeless and things. I want to have a park in Little Haiti because usually I have to drive up to North Miami -- North Miami Beach, North Miami, Miami Shores, and other places up in like the out of town area. But I want to have a park where I can walk to. I want to have a park where I can just sit down and do my homework or read with not -- people -- not people trying to -- not trying to abuse me or something like that. I want to have a park that can -- that has a library, a basketball court, soccer field, and things like that. I want to have a park that I can just sit down and just meditate and things like that. Thank you. Chairman Winton: Thank you very much. Cynthia, isn't he your son? Ms. Blanc: This is my son. Chairman Winton: I thought he took your minutes. Ms. Blanc: Well, he just said that he had something to say. Chairman Winton: Great. You're on, sir. Michael Blanc: Good afternoon. My name is Michael Blanc and I live at 6863 North Miami Avenue. I attend Miami Edison Middle School. And I'm here to support the Little Haiti Park because us kids today and teens do not have a place to play or hang out. Little Haiti needs a park because we, as the kids, won't be able to go to Range Park because of our -- because our parents won't approve of us going to that area. The kids don't even like us over there. We can't even go to Morningside Park because of the gate blocking us. Therefore, that is why we need our own park. Thank you. Chairman Winton: Thank you. 179 May 8, 2003 Ms. Blanc: In closing, sir, I just want to add -- ten seconds -- all of these people in red and white do not represent us. They don't look like us. They don't live in the community. They don't -- I'm quite sure none of them work in the community either. I know the community. [APPLAUSE] Chairman Winton: Thank you. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: I think it's important that we not get into a "we" -- Chairman Winton: Right. Vice Chairman Teele: -- versus "them." I have told everybody that has called me: Look, everybody's got a right to be here. Everybody has an equal right to be here and it's really important that we keep this on a very high level and we not disparage anyone. I think it's important to know if people live in the area. That's one of the reasons why you ask for the address, but this is a free country and we move about each other's communities freely. Chairman Winton: Thank you. I'm glad you put that on the record and I hope everyone out there heard that. So, Marco Azucar. Is that you? Marco Azucar: That's me. Unidentified Speaker: OK. Why don't you go first? And I'll -- Mr. Azucar: Hi. Good afternoon. My name is Marco Azucar. And along with my brother-in- law, Jose Luis Galdamez, are co-owners of Selugal -- Chairman Winton: Excuse me, sir -- could -- yeah. Thank you. Mr. Azucar: Selugal Clothing, Inc. We have been in Little Haiti for 15 years. We provide 150 jobs today. Chairman Winton: I didn't hear it. Mr. Azucar: Eight months ago, when we heard about the Little Park Project, we stopped our plans to hire 50 more people. Despite the situation today, we are going forward hiring 50 more people. In our labor force, we have Haitians, Cubans, Central American people. We have Americans. We have -- that's the diversity of Little Haiti today. It isn't Haitian country anymore. It is everybody, like the City of Miami is. We, as a business owners, decided to go forward with hiring 50 more people, but we have put on hold the building of the additional 30,000 square foot more. Our property that covers two (INAUDIBLE) are about 86,000 square 180 May 8, 2003 foot. The building area is 54,000, what we operate daily. Our markets are all over the world, including Haiti. We, as a business owner, decided to put that on hold, but we're going forward with the hiring of another 50 employees. We are business owners. We are taxpayers, property owners, and we oppose the park because our 150 people today -- or 200 in a couple more months --will lose their jobs. And some of them live in the area. So, they will not only lose their jobs. They will lose their residency. Where are they going to go? We have brought in 56 people of our -- (COMMENTS IN SPANISH) -- 56 people from Selugal Clothing alone. We have 150, but the others couldn't attend today. So, as a business owner, we provide this many jobs and where will they go to work or to live? I believe that we are not against the park, but we are against building the park as it is now structured. We believe -- and we have presented some alternatives to that. The other speakers, I guess, will go deep into that. I would like to say, also, that as a -- Chairman Winton: Sir -- Mr. Azucar: -- property owner -- Chairman Winton: -- your time is up. So, would you please wrap up this? Mr. Azucar: I just would like to show you the kind of property and how we maintain that. And we are very proud as being property owners. We maintain that one really well and is in a -- Chairman Winton: Got it. Thank you. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: Would you -- Mr. Azucar: Thank you very much. Chairman Winton: Thank you, sir. Hold on. Yes, sir. Vice Chairman Teele: Would you allow the gentleman, I think, a full opportunity -- I mean, as a property owner. I mean, I realize that a lot of people are going to get up and pop up and half of them are being paid and half of them are trying to figure out how to get paid. But I think it's very important that the property owner that is directly affected have an opportunity to lay out his whole case because I have several questions. I've asked staff to meet with you all and I have said before to the staff -- I'll say it here publicly -- this park -- any park -- anytime you have a city that is fully built up like Miami, you're talking -- Chairman Winton: Excuse me. Vice Chairman Teele: -- you're talking about redevelopment. To build out this park is going to take some period of time. Whether we're talking about three years or 25 years, I don't know the 181 May 8, 2003 answer to that. But I have said, on the record, we should not eminent domain anyone's homeownership, at all. Homestead exemption. You know, if you look around the Omni, if you drive right around that corner as you come around 17th, I think it is, there's a house that's been there ever since they built the Omni 30 years ago, you know. And government -- I can assure that I, as the Commissioner that represents the district, and the four other Commissioners here, have no intent to just be arbitrary or capricious and we're not going to do that. We're not going to propose to do that. I am prepared to say, here and now, in addition to no eminent domain for homeownership, any business that employs more than five people should not be eminent domain. Does that give you any level of comfort? Because, you see, times are going to change. I don't know what the area is going to look like in five years or 10 years, but we can all coexist together. And that's why I think you've been so intelligent. Every time you've come here, I've watched your demeanor. You've been so intelligent in what you're saying. I would like to say to you or to the Manager and to Mr. Carswell, I am prepared to sponsor a resolution, right here and right now, that says no homeownership -- no property that is a homestead exemption will be acquired or we will make no efforts to acquire it for the next three years. I'm also prepared to say that no business that employs -- using some historical standard -- you see, because you know what's going to happen. People are going to go out and hire people tomorrow and say, "I work here." You know, I'm talking now about a historical standard. But certainly, we can agree, here and now, today, if you've got a hundred people -- if you've got a hundred people working, no business that employs, let's say, 25 people or historically has employed 25 people -- Mr. Carswell, I need your guidance on this and the Manager's and the Attorney -- or some number that makes sense, so that we can move on with building the park. You can move on with making an investment in the community. I think you're going to be more sensitive to hiring more people from the community and it's a win-win. The last thing we're trying to do -- the last thing I'm trying to do is eliminate jobs. But the first thing I'm trying to do is improve a neighborhood and a community, because with all due respect to you and all these other fine people that are here, when they leave here, they're going to go home and I guarantee you, everybody's got a park that they can call their own. Unfortunately, somebody start breaking the code and Commissioner Winton couldn't understand what was being said. And I just said, "Look, there's a world of difference between Little Haiti and the area around Range Park." And I've known that -- I mean, it's something we don't necessarily want to talk about and it's not all about drugs. It's about culture. It's about a totally different -- Haitians are an important part of this community. We've got to make room for them but we can make room for you and your business. And so, I would like to ask the staff, at the end of this, to come back with a resolution today that we can adopt, in principal, that agrees that no homestead exemption and no business that has had a historical -- Commissioner Sanchez: Five employees? Vice Chairman Teele: I think five is really too small. But I think we ought to listen to the Manager's Office on that, and it should be based upon some historical timeline. It should not be based on yesterday and last week or since this process started. Because the truth of the matter is nobody did this for Overtown when they built I-95. Nobody has done this for the School Board when they built schools. I mean, you know, there is a clear obligation for government to provide services to its constituency. And the City of Miami doesn't provide education and we don't build roads, but we do provide parks and we should not forfeit our obligation to do that. Is that helpful to you, sir? 182 May 8, 2003 Mr. Azucar: I'd really appreciate it. That would make us feel good and we'll go ahead with our investment. I think it was worthwhile coming here and we appreciate and we thank you all. Commissioner Sanchez: Mr. Chairman. Vice Chairman Teele: Well, don't leave because we need to -- Mr. Azucar: Oh, no. We're going to stay here. Chairman Winton: Yes, sir. Commissioner Sanchez: Mr. Chairman, if I may. I think we've clarified a big concern on the aspect of it. And also, you have also clarified something. I think you said it very clearly that you're not against the park. I think that the Commission here has supported -- as a matter of fact, it's the largest amount on the bond issuance, to give Little Haiti a park that it so deserves, because it is a community that does not have a park. The last thing that we want to do up here, as representative elected of the poorest city in the City of Miami, is to take jobs away from anybody. We know the national statistic. The last count was 8.8 million Americans are unemployed, you know. Crime -- the stats, unemployment raised to six percent, eight-year high. I mean, we don't --we -- at least, me. I want to make sure that nobody loses their job, but there has to be a compromise as to where businesses can exist there because that is basically an economic engine of the poorest city -- the poorest neighborhood in the poorest city in the nation. So I think that we are making progress here. We -- Vice Chairman Teele: Be very careful, though, Commissioner, because it's not an economic engine. It is a place where land has been depressed because it's Little Haiti. The values -- if you see what the value of the land that we're talking about was two years ago versus what it's been about since 30 days after this bond referendum, you'll see that it's not an economic engine. Property values have doubled -- have almost gone up 50 percent. So, I want to be in full agreement but I don't want to overstate this. I think the City has an obligation to provide resources that we are respon -- required to provide. And we're not required to build schools. We're not required to build roads. But for fire stations, for police stations, for park facilities, that's our obligation. That ain't nobody else's responsibility but ours, and we should not because there's a controversy. But I would like very much to hear from the owner of the property to see - - because I think it's real important that the Manager, at the end of the day, listen to this debate and come to us with a recommendation because I'm going with the Manager's recommendation, at the end of the day, whatever it is. Chairman Winton: Thank you, sir. Mr. Azucar: Appreciate it. Chairman Winton: Thank you. Bennett Pumo. What's your name, sir? Mr. Oguns: Michael Oguns. 183 May 8, 2003 Chairman Winton: I'm sorry? Mr. Oguns: Michael Oguns. Chairman Winton: Well, why don't you just speak, since you've been up there three times? Your name and address for the record, sir. Mr. Oguns: My name is Michael Oguns. Business, 6444 Northeast 4th Avenue. And a member of the community for the past 26 years, starting 1977, without -- you know, before all these guys talk before me came -- you know, got to Little Haiti. I'm an artist, a designer, and a proven artist in the country. I think I would like to talk about leadership first. If we haven't saw Arthur Teele here, who's supposed to be our leader, he needs to be a leader for all of us. He needs to be a leader for Cubans. He needs to be a leader for Haitians, for Japanese, for all the people in his district. He needs to be a leader for us because we don't need any segregation in this community. So if you're not a leader for your community, if you side with one, then you're not a good leader. Secondly, I need to let you guys know that the whole country is in recession for the past two years and companies are laying people off by the thousands, but Little Haiti, who's supposed to be one of the depressed areas in Florida, are getting rid of the jobs. It's unthinkable for me to think that a leader will come here and tell us to get out of our jobs. It's unthinkable, OK. And I want to tell that girl that was talking a little while ago that these people that sits here doesn't look like them, you cannot make Little Haiti by yourself. Little Haiti comprises of Cubans -- Chairman Winton: Sir, sir, sir, direct your comments to us. Mr. Oguns: Little Haiti comprises of Cuban, comprises of Chinese, comprises of all these people because that's what makes Florida a great city. So you can't segregate one person from another because all these people are part of us. OK. And I'd like to let you guys know that it's a ridiculous thing to hear that our property depreciate. Because what make property appreciate is where you clean up your neighborhood, where you paint your building, where you have the community -- the whole conglomerate of your community make their building to work. And that's what was done in Little Haiti. Because a community doesn't work without the economic factor of the community. You need a community with factories. We need community with parks. We need community with all the actions that make the community works. So, I need for you guys to know that if you're going to vote on these things, you need to take those -- just because you guys are our leaders, we don't have anybody -- Arthur Teele -- Chairman Winton: You're -- Mr. Oguns: -- cannot make a leader by himself. You guys are the leaders. Don't vote for the wrong stuff. You vote for the right thing because that's why your people voted you to be on this seat. Chairman Winton: Thank you. 184 May 8, 2003 Mr. Oguns: All right. Chairman Winton: Thank you. OK. Now, let's see if we can get this rolling again in some sequence. Bennett Pumo, Jose -- I can't read this at all. Sixty -three -oh -one Northeast 4th Avenue, Jose L. Galdamez? (COMMENTS OFF THE RECORD) Chairman Winton: OK. Great. Unidentified Speaker: Thank you. Chairman Winton: Peter Ehrlich, would you come to the microphone also? Marie Sebia, would you come to the microphone also, please? And Marie Dorcilin, 6201 Northeast 5th Avenue. Would -- I want two people at each microphone here. Would y'all please step up? And I want to remind everyone that there's a two -minute maximum limit here that, with the number of people who want to speak climbing, after I've heard the first 10 or 12, I'm going to lower that limit to one minute so that we don't hear repeat stuff all the time. Peter -- let's see. Hold on. Bennett Pumo, you're on. Is that you, sir? Bennett Pumo: Yes, sir. Chairman Winton: Yes, sir. Mr. Pumo: My name is Bennett Pumo. We've been in this area since 1950 -- Chairman Winton: Madam Clerk, would you please -- hold on, Bennett, please. Mr. Pumo: That's not my two minutes. Chairman Winton: Please set the timer. Thank you. Yes, sir. Mr. Pumo: OK. I'm Bennett Pumo. We've got a number of warehouses in the area that we've built and developed. We've been in the area since the mid -- late 1940s. We incorporated in 1952. We've been around a long time. My kids went to school in Little Haiti down at the Curly. My brother went to Curly. We've been around a long time. We haven't abandoned the area. We've built, developed, maintained our properties. One of the things Mr. Teele proposed here tonight was anybody with over five employees can stay in a building, where you will not eminent domain that particular property. What happens to the tenancies? I have buildings with tenants in them. Does that business in that building still comply? I'm an owner. What about tenants? I have buildings. I have 27 tenants that are affected, 72,000 square feet, $37,000 a year in property taxes we pay on the buildings that are going to be impacted by this park. Secondly, at the last hearing, you were not here. I submitted a bunch of questions to be answered by the Commission. They did not answer them. I have not got a call. Haven't got a response on any of them. Today, I've submitted some more very pertinent questions, since we do have properties that will abutting with the same property line as the park. Very technical questions, which will 185 May 8, 2003 affect another 500,000 square feet of buildings and 300 industrial tenancies. I need these questions answered. You have committed to answering these questions, the Commission did, and they have not. These questions need to be directed to because it is something to do with the park. Secondly, you have -- Chairman Winton: Excuse me. Hold up. Mr. Pumo: -- spent $800,000 on -- Chairman Winton: Hold on. Hold up. Mr. Manager, would you get a copy of the list of questions that Mr. Pumo has put in writing and make sure that he gets answers to those questions, please? Yes, sir. Continue on. Joe Arriola (City Manager): Absolutely, sir. I've got them and I'll be delighted to answer all his questions. Chairman Winton: Thank you. Mr. Pumo: We all -- I don't think any of us here are in objection to a park. We all know a park needs to be built. We know the problems with the Range Park. We know the problems with the gates over at Morningside. I learned to swim in Morningside. I know they have a problem with those particular parks, but to decrease the job base when every city in this country is veined for businesses to come in -- we lost Mega Marine to Carolina for 80 jobs. And now you want to -- now this Commission is ready to squash 1,000 jobs, 116 businesses and some residents. I don't think that's a Commission's duty to lose the job base. The kids might have a great park to play in, but where are they parents going to work so they can take them to the park in their space time, you know? What are you going to do? It's your (INAUDIBLE). You guys take care of the City. I do my job. I take care of my city. You need to take care of it for me and you need to take care of it for them. Everybody has to do their job correctly. Commissioner Winton: Thank you. Mr. Arriola: Mr. Chairman, can I -- [APPLAUSE] Chairman Winton: Peter Ehrlich. Yes, sir. Hold on. Excuse me. No applause, please. We're going to move this. Yes, sir. Mr. Arriola: Let me say something. Because, you know, this is like the -- Unidentified Speaker: I'm just letting them know not to applaud and (INAUDIBLE). Chairman Winton: Thank you. 186 May 8, 2003 Mr. Arriola: This is like the third or fourth meeting I've gone with the same old, same old, if you forgive me. We have a plan for Little Haiti Park. They are talking about losing jobs and I have talked to them privately and publicly. They are not going to lose jobs. This Commission and this administration is not going to allow any jobs to be lost. We have a plan. We're going to do it correctly. And this whole idea that we're going to knock down this whole warehouse district all at one time and displace all these jobs is absurd. Vice Chairman Teele: It's absurd. Mr. Arriola: So, you know, I just want to move forward. And I've had private meetings -- Chairman Winton: Well, then let us move forward, please. That's the reason we have this public hearing. I've got to let people talk. Can we get through it and then we can come back and answer questions? Commissioner Regalado: Mr. Chairman. Chairman Winton: Peter Ehrlich. Yes. Commissioner Regalado: Mr. Chairman, the only way that these people will leave this hearing knowing that they have a future is by doing what Commissioner Teele said. Set up resolutions saying we won't do this and this is the law of the City. If it's passed by the City Commission, the administration have to follow. And they need to know what area are you talking about, because we don't know exactly. They need to know some of the time table. But, you know, we need to be fair to the community and to these people, because they've got to move forward. They've got to hire more people. They've got to build -- I know a person here that send us a message that it's holding on to a lot that he wanted to build, but he was waiting for this hearing. So, we need to do what Commissioner Teele said and get it over, but we need to hear the people first. Chairman Winton: And have clearly defined boundaries. OK. Peter Ehrlich, you're on. Peter Ehrlich: Thank you very much. Good afternoon. Chairman Winton: Need your address for the record, too. Your name and address on the record, please. Mr. Ehrlich: Peter Ehrlich, with offices at 395A Northeast 59th Street, in Little Haiti. I'm here to protest the purchase, by the City, of the three apartment buildings and the vacant lot at 255- 271 Northeast 59th Terrace. That'll be the -- that's the item on your agenda today. By voting to buy these three apartment buildings and one vacant lot, you're ordering the evictions of 10 apartments, housing approximately 16 to 20 residents. In an area that has a shortage of housing, you're going down a very slippery slope. We object to these purchases because the City has never hired professional park planners to plan the borders of this proposed park. And I'm talking about choosing an area within the two or 3,000 acres of Little Haiti to put the park. We also object because residences and business owners deserve to have a sense of confidence. Right now 187 May 8, 2003 you are creating uncertainty. Every time there's a meeting, 200 people come out to try to tell you -- try to get through to you that they're really, really nervous. Some people cannot sleep at night. Business owners are holding back investments, expanding their businesses, expanding their buildings, and hiring new people. And hiring new people is what we need in this City. And you all know about the unemployment problems. In Little Haiti, the companies are doing great. There's some wonderful, wonderful stories. And they're doing great not because we were notified last year that the City might take their properties, Commissioner Teele. They're doing great because we work really, really hard. We like our area. We invest in the area and that's why the properties are going up. It isn't speculation. I'd like to correct that mistake from an earlier comment. Now, we have two resolutions. I've passed them out to all of you. We'd like you to vote on these today. These will give us the sense of confidence. Resolution number one is, we would like you to immediately convene a new committee made up of all interested parties, including but not limited to, members of the community, business owners, property owners, residents, representatives from the School Board, and most importantly, a professional park planner to take a holistic approach to creating a park or parks in Little Haiti. We are completely open-minded, but it's time -- this is too big an expense. It's time to have a new committee. It's time to look at the entire Little Haiti area. I have no idea what the best location would be, but it is definitely not the 60 acres that you previously identified. Now, our second resolution, which we would like you to vote on and pass today, is we would like you to vote to eliminate the threat of eminent domain from the process of creating a park or parks in Little Haiti. This will allow the businesses to get back to work renovating, expanding, and adding employees to their successful companies. The goal is to create jobs and expand the economic base in Little Haiti. So, please, we would like you to vote on both of these items. And do any of you have any questions? Chairman Winton: Thank you. OK. Marie S -E -H -E-A, I think is what this name is. (COMMENTS OFF THE RECORD) Chairman Winton: Yeah. Bring her to the microphone, please. Maria Sebia: (Comments in Creole). Chairman Winton: Can she put her name and address on the record, please? Ms. Sebia: I'm going to speak Creole. Chairman Winton: I can't understand, so you have to translate probably for me, too. Note for the Record: The following comments by Maria S. Sebia were translated by the Creole interpreter. Ms. Sebia: My name is Mary S. Sebia. My address is 442 -- Chairman Winton: I understood that. 188 May 8, 2003 Ms. Sebia: -- 442 Northeast 71st Street. I'm working at Fullei. It's been five years. I'd like you to save the job. Not only the boss have -- the employer have some problems, but also the employees. And also, the job is what we have to support us and our family. I have five children, no husband. And also, this is what we need to support ourselves and our family. Thank you. Chairman Winton: Thank you. I think this is Marie D -O -R -E -I -L -I -N. Is she here? I don't think this process is going to work. Vice Chairman Teele: I don't either. Chairman Winton: If y' all want -- Vice Chairman Teele: It's very inefficient. Chairman Winton: If you want to speak, I want people to please line up at the microphones on both sides. I'm going to take you in the order that you're lined up. So, this process is -- Note for the Record: The following comments by Marie Dorcilin were translated by the Creole interpreter. Marie Dorcilin: (Comments in Creole). Chairman Winton: She needs to speak into the microphone. Ms. Dorcilin: My name is Marie Dorcilin. I live in 6210 -- Chairman Winton: Madam Clerk. Ms. Dorcilin: -- Northeast 63rd Street. I'm working at Fullei's and it's been four years since I've been working there. I have two children and two of them are in Haiti and one is here in the United States, and I'm pregnant right now. And I'd like to hold the job because after I give birth, I'm going to need to work. And also, I -- through this job, I'm able to support my family here and my children in Haiti. Thank you. Chairman Winton: Thank you. Next microphone, please. Name and address, please. What -- Note for the Record: The following comments by Brenda Gaylo were translated by the Spanish interpreter. Brenda Gaylo: My name is Brenda Gaylo. My address is 550 Northeast 61st Street. I work at Fullei's. I am here to let you know that I need the work as all of my companions do here. I also live in the area of Little Haiti. It's an area where not only Haitians live. There's a lot of Hispanics living in the area. We are related in one way or another, just like all of Miami is. I also have two girls. I need a park, yes, but I need my job to be able to support my girls. I could also go to another park. There's different ways to keep children away from drugs, not just a 189 May 8, 2003 nearby park. Our children, we keep away from drugs in a way depending on how you raise them. Gentleman, I need my job. Chairman Winton: Thank you. Ms. Gaylo: Thank you. Chairman Winton: Good morning -- good afternoon. Hattie Willis: Good afternoon. My name is Hattie Willis and I live at 5510 Northwest 1st Avenue. Commissioners, I want to thank you for being here today, and I'm really upset with myself because I didn't do my homework. And I would have loved to have brought some pictures of that awful trailer park that sits right in the middle of my community that looks like a third world country. Because some gentleman brought up a picture of a beautiful building, but I want you to really see what my community looks like. The first thing I'm going to say is, I'm black American. As a matter of fact, my family is Indian. They bought their land from the Spaniards before anybody ever got here. So I've been here a long time. And I don't look at my community as it belongs to anybody. I look at it as a part of a whole body, which is the City of Miami. And I think that the City of Miami should -- with one holistic body. And for some -- for a long time, for 20 -something years, the City of Miami has neglected Little Haiti. And I-95 came through it -- and I'm not going to give a long spiel, but I just want you to know that we have the worst schools. We have -- we're the number two in the NET (Neighborhood Enhancement Team) -- and the Commander is here -- number two in the NET with the most calls. Last year, in the summer, when I came before the Commission, we had six children in our community die from drug overdoses. Chairman Winton: Hattie, don't forget everybody is two minutes. Ms. Willis: I know. Got to speak. I know. I'm going -- I just want you to be aware of the reason for the park. And the park is not 60 acres. I sat on that committee. The park is less than 30 acres. And people are going to have jobs and we're going to have --the lady said because she wanted her kids to have a library. There's going to be a full facility library. There's going to be things in that part that's going to bring jobs. Now, I'm going to leave the podium because I want my kids to speak. I wanted to know how best to represent what I need. I didn't bring the little kids today. I brought some of the kids that have went through the parks and the drug dealers and the killing that are now in college and have jobs that are going to tell you why they need the park in their community, and they deserve what everybody else has in another community. I'm going to let them come up and speak. Chairman Winton: Thank you. We need your name and address, too. Pull it up so you don't have to break your neck. There you go. Tyrone Slocum: Good afternoon. I'm Tyrone Slocum. I live at 5510 Northwest 1st Avenue. I attend Miami -Dade Community College. And as I was coming up, I was always taught that the children are our future. And I don't understand a room full of grown people taking away from the kids. And it's kind of hard to believe that they don't want a park in our community. If 190 May 8, 2003 you've ever been to any parks in our community, you could understand what we're going through, such as Buena Vista Park. If you go out there to the park, I'd say about eight o'clock, you'd probably have to wait to 11 o'clock to play a game because the courts are so full. It's only two courts there. If you go to Range Park, it's no way that you could play. And I don't know how many people here, but it's been plenty of times I've been to the court and gunshots rung out and all types of gang wars just at the park. And Morningside Park is way on the other end of town and it's kind of hard to get to that park with no transportation. And that's it. Chairman Winton: Thank you. Henry Shingles: Good afternoon. My name is Henry Shingles. I live at 145 Northwest 56th Street. And basically, what I want to say is, I think we need the park because we need something to represent our community. They blocked off Morningside Park, so that's basically telling us that, you know what I'm saying, apparently, they don't want us over there. So if they don't want us over there, maybe they should give us our own park. And if they build a park, I think they should put something in there for the after-school kids to, you know, help them bring up their FCAT (Florida Comprehensive Assessment Test) scores, you know, state-of-the-art computers, everything so violence can stay down and everything else. That's all I want to say. Thank you. Chairman Winton: Thank you. Yes, sir. Josiah Smith: My name is Josiah Smith. I stay at -- Chairman Winton: Pull the microphone up so we can hear you. Mr. Smith: All right. Chairman Winton: There you go. Mr. Smith: My name is Josiah Smith and I stay at 143 Northeast 71st Street, and I go to Miami - Dade Community College. I'm for the park because I have several nieces and nephews and they need a place to socialize. All right. And if we don't have no -- if they don't have no place to socialize, they're going to socialize on the street. All right. So, and that ends up to them in jail, violence. So that's why I'm for the park. All right. Chairman Winton: Thank you. OK. Going to go over here again, and we'll start the process back again of switching back and forth. Yes, ma'am. Your name and address. Sylvia Wong: My name is Sylvia Wong. I'm representing Fullei Foods with my husband, Manny Wong. We are at 400 Northeast 67th Street. We're not against the park, per se, but we are against the location and the size of the park. Just to let you know a little bit about our family history, you know, we're Chinese because our parents left China under communism to go to Cuba. Then, in Cuba, they had to leave because of communism, and come to the United States. Now, we started by being in this community, in Miami -Dade County, for 43 years now and our business has been here in Miami -Dade County for 25 years, and we have given the opportunity to anyone who comes to our doors -- and most of the people do live in the Little Haiti area. So 191 May 8, 2003 our employees -- we have given the same chance that this country has given us, to start off somewhere and get ahead and do as much as we can for the community and with the community. Now, I want to say that the people who came with us are employed by us and they came here of their own free will. No one was coerced and they do all want their jobs. I want you all to realize that our plans to expand our business and to hire more people have been put on hold. So, therefore, we cannot hire any more people from the area until we know where we stand with this proposed park. Also, please realize that we employ not just people from Haiti, but also from Central and South America, most of whom do live in the area. Many of our employees walk to work. They learn the language and the way of life in this country and go on to better opportunities, whether with our own company or with other companies. So, we want to continue giving that chance to the people in the area. Now, as you can see, we have maybe a hundred people here, within this room, whose jobs would be affected. Now, if you can visualize that possibly a thousand people would be affected, that means it's 10 times the number of people in this room, so please bear that in mind. How would you be able to have a thousand people, ten times the number of people in this room, without a job? Chairman Winton: Ma'am, your time is up. I let you go over. Ms. Wong: Thank you very much for the opportunity. Chairman Winton: Thank you. Yes, sir. Robert Mayer: My name is Robert Mayer and I'm the owner of Magic City Trailer Park, which I hope was not the park that Abby was talking about. I think she was talking about Keystone. Chairman Winton: No. I need your address, too, please. Mr. Mayer: The address to the park is 6005 Northeast 2nd Avenue. It runs from 2nd Avenue to 4th Avenue. We have approximately nine acres of land in that area. I come to you with a little bit of history that you have not heard about. You heard about the last 30 or 40 years. My family -- I'm an eighth generation Floridian. Chairman Winton: Excuse me. Just makes sure it's a one minute and thirty-three second -- Mr. Mayer: Got it. Chairman Winton: -- history, please. Mr. Mayer: I'm an eighth generation Floridian and a fourth generation Miamian. My grand -- great grandfather got off the train because that's where it ended. It didn't go any further back then. We are the family that donated the area that you all know as the Refugee Center of the Notre Dame Park, which used to be a Catholic girls school. My great grandfather also founded Miami Edison. I want you to understand that -- and I say that not because it's a neat thing to say, but because it's a family that has been part of this community for over 120 years and has continually supported and done things for it. We've been there through the good times and the bad times, the murders on the street and everything else. And we've done our best to keep it 192 May 8, 2003 clean. There were times when we didn't have a lot of help from the City. Thankfully, we're now getting a lot more and that's really appreciated. And the Manager's done a great job with that and the NET concept does as well. But what you said earlier about homesteading, I support that 100 percent. But there are 65 homesteaders in our park. Now, we own the land but there are people that have lived there longer than I've been alive and they view that as their homestead as well. It's a beautiful piece of land and I know it'd make a great park. That makes us the target and I know that. And those individuals, they love their homes. And we want you to consider the fact that that's their home, just as much as the people across the street. Many of them four decades, other people having lived in their homes for a couple of years. How do you weigh that? That needs to be a part of your consideration. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: Sir, have you read any of the two volumes of information about the working group that's posted on the internet? Mr. Mayer: I've read every word, Commissioner. Vice Chairman Teele: Then you are well aware that I have spoken for two years in support of your family's efforts. When the City Planning Department and the City Economic Department recommended, in the working group, that we move first or we target -- to use your words -- even for the purpose of a state grant, the trailer park of Magic City, I strongly objected on historical basis. And when the City Planning Department came forth to make components of your trailer park a historic designation, which would prevent us from doing anything inconsistent with that, I supported that. And I want to just put on the record that your family and the owners of Magic City Trailer Park were not the discussion, because it's posted on the website. The NET Commander and the Major of the Police Department not only said that your trailer park was run in an acceptable manner, they also spoke of the one trailer park where you can still buy pure heroin -- one of three locations in the City of Miami. It's all a part of the public record and it's not your trailer park. And so I want you to know that I have said consistently, and I continue to maintain, that this community must have a park like every other community, because all these wonderful people that are here, when everybody goes home, everybody's going to go home to a neighborhood that has a park, except the people that live in Little Haiti. And so, I'm prepared to wait and wait and maybe it'll be another 104 years that your family has owned that -- seven years -- that that will be the final piece to it. But this Commissioner has never taken the position -- and the frustration for me, it's all in the record that I objected to any discussion about Magic City and even the grant. And I think even Ms. Willis and those people who took a different position from me understand that I believe that we do stand on the shoulders of people who built this community. And your family built this community and Lemon City -- you all also own the Lemon City old post office location, right? Mr. Mayer: Right. 193 May 8, 2003 Vice Chairman Teele: I wish you'd talk to the staff about that. That's some -- that's not the trailer park. I really do. But as far as I'm concerned, I want to convey to you that the last thing I'm going to be a part of doing is taking through a process that is inconsistent with historical property owners. What I object to are these people that are talking loud that have only been in the community for four or five years. They moved from another area where they were paying three times what they bought in because that's speculation. And there's a lot of that and I don't want to get into that. I'm talking to you -- Mr. Mayer: I get -- Vice Chairman Teele: Sir. Mr. Mayer: I get the phone calls. Vice Chairman Teele: Yeah. And giving you -- Mr. Mayer: Since the park has come about -- and I have to support the Commissioner on this -- there are a lot of people who are looking to invest and were out there as soon as they knew about this park concept. Vice Chairman Teele: And I hope the Manager heard what you just said, because that's what's really going on. Mr. Mayer: Well -- but I have to disagree with that part of it. I don't think that is what's going on. I think -- Chairman Winton: It isn't all of what's going on. Mr. Mayer: -- that there are a lot of people working very hard -- Vice Chairman Teele: That's not all that's -- what's going on. Chairman Winton: Right. Vice Chairman Teele: Those persons that have land -- and again, I'm very open to a revisit and a restudy, but I think you've got to start from the study that was done by the City Planning Department and the City Parks Department in 1998, which is a part of the record. And the study was very conclusive. Everybody who's going to come down and say it, Little Haiti has the largest deviation in lack of park land of the entire City of Miami. That's where this stuff starts from. And it starts from the fact that when Laughton Chiles was governor and I had just been elected, the Director of Family Services came to this Commission and said, "Commissioners," and this is -- I would hope that you would go through the record -- her name was Anita Brock and get the transcript of that and make it available to the management and the staff. When she says, I am sorry to come here and tell you that you all have a problem. You all are responsible for providing parks and the children of Little Haiti do not have parks because the Morningside Park is being blockaded or whatever, they put a guard gate around it. And that's where the kids 194 May 8, 2003 used to go, and we need to sit down -- and from '99, when I got elected -- that was two months after I'd been elected -- until this date, I have been trying to deal with children and saving the future. So, I do want you to know that consistent with that, I have said those historical property owners, to the extent it's possible, should be preserved and recognized in a specific issue as to which property we would submit a grant -- a state grant for. I vetoed it and objected to it and said, go for the one where you can buy the heroin. Go for the trailer park where you can buy the heroin, not the one that has historical ownership. And I appreciate your being here. Chairman Winton: Yes, sir. Mr. Mayer: The point I was trying to make is we support this community. We've been in it a long time. We think it needs a lot of help. And I think Abby was absolutely correct when she talked about the fact that the schools are not good, the parks are not good, the transportation's not good. We've had a plan on the books for over 10 years from DOT (Department of Transportation) to fix the Northeast 2nd Avenue Corridor, to take the crown out of it, which causes an awful lot of problems for the businesses and the homes in that neighborhood. And nothing's happened. This area needs your heavy-handed input, but I do object to the park's planning process, because I don't think there was enough involvement of professionals. I think that you've got to look at other alternatives rather than taking out the business engine, which generates a lot of activity and a lot of money. And a lot of our tenants live and work in that community, and have been there a long time. I think that Athalie Range Park is a magnificent, beautiful park that's been abandoned. That park is not safe. Somebody's got to take it back. It's not enough to say that there are gangs there and that there are things going on there. You know what? There were gangs and murders on my side street five years ago, too. We took it back. I think the City needs to come in there with a heavy hand and take that park back. Now, you have an alternative to this huge battle and all the upset people. And that alternative is that there is a large piece of land -- 17 acres, I believe -- right next to Athalie Range Park that is one house away, that is owned by HUD (Department of Housing and Urban Development). It's multi- family housing. The government owns it. It's very old. You could easily take one-third of that park, put multi-level, high rise, quality housing, which needs to go into that area. Move the people from the low-level housing into that or move them out into the community in smaller spots. And now you've got yourself Athalie Range, plus another 15 -acre park right there. And you could solve this problem. You don't displace a single business. It's within your control. It's within the budget. It does an awful lot of good things for the community. It's across the street from Miami Edison. You can corridor that all the way up to the Catholic Refugee Center. You would have a beautiful greenway that would commute -- connect the community, that would be fabulous for the community. Vice Chairman Teele: I'm all in favor of it. What about Little Haiti? That's not Little Haiti, sir. There is as much cultural difference between the area you've described and Little Haiti as there is between Bosnia and Yugoslavia. Mr. Mayer: I -- Vice Chairman Teele: So, let's don't confuse -- 195 May 8, 2003 Mr. Mayer: Commissioner, with all due respect, I'm talking about connecting this property across the street from me all the way down to 95th. And you could do that with a very small amount of acquiring properties, a lot of which are very distressed, and a lot of which are for sale. Then you add the two parks together. And there's a hidden benefit here. Every time you create a new park, we've got a burden in this community. It's more staffing. It's more expense. If we can create one much bigger park that is co -located between two schools, that has transportation up and down. It already has a corridor across 2nd Avenue versus what you're talking about, which is crossing 61st and 63rd -- a major high speed road, you know. This is an alternative and that's an alternative I never saw considered once in these studies. That's why I think the comment that Mr. Ehrlich made is correct. Chairman Winton: I've let you run -- Mr. Mayer: It's a planning problem. Chairman Winton: OK. Thank you. Vice Chairman Teele: Thank you, Mr. Chairman. Mr. Mayer: Thank you. Chairman Winton: Yes, sir. Frank Rudman: My name is Frank Rudman. I'm the president of Sportailor. I own this business with my children for the last 40 years, in the same location, 6501 Northeast 2nd Court. This business is in a state-of-the-art 60,000 square feet building, which is now back-to-back to Keystone Trailer Park. This park, as you all know, has been a big problem, but it could become a blessing for our area because an industrial park has no room to expand. So I would like you to consider Keystone Trailer Park for that purpose. Chairman Winton: For industrial? Is that what you said? You'd like it to become industrial? Mr. Rudman: Keystone Trailer Park, which I understand is in default, could be the expansion for the Little River Industrial Zone, which is where I am. Chairman Winton: I'm sorry. Keep going. Mr. Rudman: We need parks in Little Haiti. We probably need two parks. We need a soccer park and we need a regular park. This money allocated should probably be better spent trying to develop this regular park in the Little Haiti downtown area. There is a lot of dilapidated buildings there, going from the Catholic Charities all the way to -- you could probably go to 5e Street, if you wanted to go. And that could be a major park that would help rejuvenate Little Haiti downtown. Make a theme Little Haiti area where tourists could come, where you could have restaurants, where you could have all kinds of expansion. Like the lady was saying a little while ago, all those activities could be there. You could have a -- 196 May 8, 2003 Chairman Winton: You have seven seconds, sir. Mr. Rudman: -- five to 15 soccer park in the Carver side of the YMCA (Young Men's Christian Association) (INAUDIBLE) I-95 and 71st Street. Chairman Winton: Your time is up. Mr. Rudman: It's a beautiful park for that. Chairman Winton: Your time's up. Mr. Rudman: Just two more seconds. Chairman Winton: Yeah. I've been way patient on this. Mr. Rudman: We need -- Chairman Winton: I'm not going to be patient any longer. Mr. Rudman: Commissioner, we need this black cloud to be lifted -- Chairman Winton: I under -- Mr. Rudman: -- from our businesses. Chairman Winton: And we've heard that. Mr. Rudman: Please help us. Chairman Winton: Thank you. Mr. Rudman: Thank you. Chairman Winton: Yes, sir. Two minutes. The two -minute part -- Vice Chairman Teele: Strict rule. Chairman Winton: -- is going to be strictly enforced. And after I hear the next, probably, six more people, we're going to reduce it to a minute and a half or one minute, which is what I said at the beginning, because there's a lot of people in here and we're never going to get out. And, frankly, part of the reason why we're going to let a certain number have two minutes and another have one is because we are getting repetition and we hear it the first time. So -- Vice Chairman Teele: We're not hearing repetition. The issue -- Chairman Winton: Yes, sir. 197 May 8, 2003 Vice Chairman Teele: There's a specific issue before us, three at least. Chairman Winton: Yeah, but -- Vice Chairman Teele: Yeah. I'm not trying to get you to -- Chairman Winton: OK. Yes, sir. Georges William: Georges William, 4584 Northeast 2nd Avenue. I live in the neighborhood since 1972, somewhere around 30 years. And I've been a businessman somewhere around 18 years, since 1985. And I have a business down there also where I have people -- there's a lot of people working. There's restaurants, there's barbershop, there's beauty salon, there's all kinds of businesses. Now, I'm also an activist and I've been working with the community for the past 30 years also. And I work with City of Miami with that park project last year. About two years, we've been having meetings, meetings, meetings, trying to get something going. Now, I never see none of those people. And those people never visited Little Haiti period. If I knew all of you were going to be here, I make sure the meeting be done outside the building because I could (INAUDIBLE) the City Hall also. I'm very disappointed each time we try to do something for Little Haiti something is moving. Now they want the park to be done on the west side, on the east side, and Little Haiti always suffer. Now I would like for you all to understand, please don't get intimidated by this kind of hoopla that's going on for Little Haiti not to have a park. The Haitian community is 100 percent behind this park project. Of course, we don't want no job lost. I'm a businessman. I do not want people losing their jobs. But, please, don't get intimidated by not having working forward with this park project. Thank you. Chairman Winton: Yes, sir. Kent Harrison Robbins: Hi. My name is Kent Harrison Robbins. I represent Michael O. Inc. Michael O. has a business at 644 Northeast 4th Avenue, and he's owned that business there for 10 years, since 1993. Michael O. has spoke earlier. He's a world-renowned artist. His art is shown all over, including he has a showroom in the Takota Center. But he builds and manufactures his art in Little Haiti. He has six employees, besides himself, working in that factory, and he works very hard. And he acquired that property after his other property was destroyed during the riots. He was able to eventually be able to acquire this property, first renting in the area, and finally purchasing. And he wants to expand his property but he can't because he cannot go, in good faith, to a bank and say, "I need to borrow the money for construction to expand his facilities." He's stuck but he has room there to expand and to add more employees. But he needs a confirmation, which seems to be that this Commission has shown some strength of showing that you're willing to back the employees and residents of the area by protecting those businesses that have been there and to protect the people who live there. And I really feel that there has been a change in the mood at this dais about -- and the concern for these people, and I really appreciate that. But we need solid, strong wording now that these businesses are not being threatened, for they will expand and they will employ more. And the people that are part of the community should be assured that they can remain part of this community. I understand we need parks in Little Haiti. We need a professional planner to identify the areas that will have the least impact. 198 May 8, 2003 Chairman Winton: Time's up. Mr. Harrison Robbins: Thank you very much. Commissioner Sanchez: What's his address? Mr. Harrison Robbins: Six forty-four Northeast 4th Avenue. Commissioner Sanchez: Northwest? Mr. Harrison Robbins: Excuse me? Commissioner Sanchez: Northeast? Mr. Harrison Robbins: Yes. Northeast. That's correct. Commissioner Sanchez: Northeast what? Mr. Harrison Robbins: Fourth Avenue. Commissioner Sanchez: OK. Chairman Winton: Yes, sir. Mr. Harrison Robbins: Thank you. Kenneth Newman: Kenneth Newman, 1030 Southwest 1st Avenue. Commissioner Teele, it's been three years since I sat in your office and we talked about building soccer fields for the Haitian community. And the bottom line is, people need parks and people need parks to be able to enjoy and have good activities and to develop athletic talent and go on to college on athletic scholarships. And many of the children of these immigrants here are going to play soccer someday and need a park to play soccer in. And the bottom line is, if all this is said and done, is that most of the owners of these businesses don't live in Miami and they don't live -- maybe they live in Boca or Miami Lakes or Aventura or who knows where else. The bottom line is we need more parks because great cities have great parks. And right now, is Miami going to be progressive or regressive back to the -- not to the future? Thank you. Chairman Winton: Thank you. Yes, ma'am. Name and address. Note for the Record: The following comments by Yohanna Chamizo were translated by the Spanish interpreter. Yohanna Chamizo: My name is Yohanna Chamizo. I live 2250 Northwest 14th Street. I am a representative of Selugal Clothing. I want us to not be left without employment. And a lot of families, like myself, need our work. I understand that the people from that community do need 199 May 8, 2003 a park, but a park is not as important as the sustenance of our families that count on these jobs. Our lives depend on these jobs. The construction of a park is only going to raise the amount of unemployment and of crime in the area. We want you to please take into consideration that we do not want the park. We want our jobs. Thank you. Chairman Winton: Thank you. Yes, ma'am. And guess what, after you, we're going to the one - minute rule. So you get the last two -minute segment. Gepsie Metellus: Thank you, Commissioners. Chairman Winton: You're welcome. Ms. Metellus: Good afternoon. My name is Gepsie Metellus. I'm a resident of Miami Shores, however, I work in the City of Miami. I head the Haitian Neighborhood Center not-for-profit that serves primarily the Haitian community. I want to put on the record that I was a member of the park working group. And, at some point, I understand that we have come from a 25 -acre park to a 60 -acre park. And so, I'm here to suggest that I think all the speakers so far have suggested and have clearly stated that they don't disagree with the park. No one disagrees with the idea of a park. However, we want you to be cautious -- and I don't want you to think that I'm subscribing to the conspiracy theories that are abundant out there. But that being a student of history, we've seen what's happened in Overtown and Liberty City and in many other cities throughout the United States, either through wonderful urban plans or wonderful initiatives to renew communities. What happens is that communities become decimated. And so, I'm afraid - - and I think that I speak on behalf of a number of members of the Haitian community who are afraid that this might mean the end of the area that we know today as Little Haiti. And I would urge you to re -- show us your good faith. Show us that you really indeed intend to build a park that is a park that will be viable in the community, but begin by doing a number of things. One, begin to allow additional safety in the area. We know that, as it is now, the statistics in the City of Miami -- you know them as well as I do -- the area is crime -ridden. And so, if we're going to begin to build a park, let's begin by cleaning up. Let's begin by making sure that the neighbors, the residents, the businesses feel safe. Let's begin by beautifying the business corridors. Let's begin by investing in this area such that additional homeownership, additional business and job creation can occur there. Let's begin by creating a Creole district. For a long time now, we've been arguing in favor of Northeast 2"d Avenue becoming a Creole corridor. Let's see you do that first. Let's see you also do something about the existing parks in the City of Miami. Let's see you ensure that they've got the equipment, they've got the appropriate programming, they've got the appropriate equipment such that the kids have a place to go to right now as we work on building this park that you promised us. Let's begin by seeing your commitment to this area to ensure that we clean up, we beautify so that we can believe that one day we'll have a park. Thank you very much. Chairman Winton: Thank you, Gepsie. Now, from this point on, each speaker -- Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. 200 May 8, 2003 Vice Chairman Teele: I would ask that you give this speaker two minutes -- Chairman Winton: Oh, no. All -- anyone that has been -- Vice Chairman Teele: And this speaker -- this lady is the homeowner association president. And see, part of the -- part of what we're hearing is you have a lot of people speaking but there are very few people that live in the area. And that's why these addresses get so important. I don't know what Ms. Andre is going to say, but I do know that she's the head of Buena Vista -- Evelyn Andre: Heights. Vice Chairman Teele: Heights, you know. There's Buena Vista, Buena Vista Heights and Buena Vista West. Ms. Andre: Correct. Vice Chairman Teele: So, I just -- Chairman Winton: What did you just ask for? I lost you. Vice Chairman Teele: If they both have two minutes. Chairman Winton: Fine. Last two two -minute speakers. This side first. Note for the Record Spanish interpreter. The following comments by Alicia Gonzalez were translated by the Alicia Gonzalez: Good afternoon. My name is Alicia Gonzalez and I live at 3701 Northwest 24th Avenue. I am an employee of Selugal Clothing. I'm a single mom in need of my job, and like myself, there's a lot of us here. As a single mom, I haven't requested any help of this country. I just want the opportunity to work and get my family ahead and to be able to put into the taxes for this country like everybody else does and has. Thank you. Chairman Winton: Thank you. Yes, ma'am. Evelyn Andre: Good afternoon gentlemen. My name is Evelyn Andre, 4185 Northwest 1st Avenue. I represent Buena Vista Heights, which runs from North Miami Avenue up to Northwest 2nd Avenue, from 38th Street down to 48th Street. I'm here representing over a hundred residents and we are in favor of this park only because we've been deprived for so long of so many things. What we need to do is, first, beautify our area. Clean it up. Get a park. And, yes, we do need to also create jobs, but by doing that, we can clean up Northwest 2nd Avenue that does have a lot of businesses that are underused. And all these businesses can transfer over to Northwest 2nd Avenue corridor. I do encourage everyone to support this park only because we are currently in great demand of this park. There's a lot of crimes in our area; robberies. You've heard of the Northwest -- North Miami Avenue -- a young lady just got killed the other day just 201 May 8, 2003 by hit-and-run. There's so many things that we need to do in that area. I represent homeowners that have been living there for over 30 years, and they don't know where to go to release and this park would be a great place for them to go to. Thank you. Chairman Winton: Thank you. Could y'all -- Linda, you guys back in the back there, I mean, could we get -- I mean, y'all are carrying on some business but there was some other chatter back here that would -- OK. We're at the one -minute segment, so please keep your comments brief. I am going to interrupt you at the end of your minute and a minute is short. Sir, you're on. We need your name and address. Abner Luima: Good afternoon. My name is Mr. Luima and I'm originally from New York, now reside in Miami. Chairman Winton: What's your address? Vice Chairman Teele: Mr. Chairman, I would like to just say for the record that Mr. Abner Luima is not a resident of the neighborhood, but he has financially supported virtually every cultural event, including Cultural Friday and (INAUDIBLE) Creole in the Haitian community. I think we all know of the horrible, horrible circumstance that brought him to Miami, and we are just here delighted that you continue to make input in our City. And I just want you to know I respect you not -- I respect you because you put your money where your mouth is and you stand for the community. So, I want to hear closely what you have to say, sir. Mr. Luima: Thank you, sir. OK. As Commissioner Teele already said, I don't live in Little Haiti but I have an office in Little Haiti, and I'm an activist and a businessman also. As -- you have the previous businessmen who had came, they said they give the park, but whenever we do any cultural activities, we don't see none of them. We don't know if they exist or not because they never -- that's one of the reasons why we have to come to the City and beg for money sometimes for those events. And if I have to elaborate all of the reasons that the park is really need in Little Haiti, one minute would not be enough but I'm going to try to be brief by pointing a few. If you (INAUDIBLE) a survey now about (INAUDIBLE), you will see at least half of them are not living in Little Haiti. And also, they don't even have any specific reason why they're against the park. It's because someone had told them so and they just followed the order. If we live in a civilized society, while we're looking for a better future for our youth, the park is really needed in Little Haiti. A park will create after-school programs that's going to give the children after-school to have a place to stay and to stay off the street dealing drugs and from all kinds of crime, robbing people. Chairman Winton: Sir, your time -- I allowed for extra time because Commissioner Teele popped in, but you're well past your minute allotment. So, one more sentence, please, and then that's it. Mr. Luima: Thank you, sir. OK. In conclusion, I'm for the park and maybe I hope you consider or -- and reconsider also that -- make a park in Little Haiti going to serve the City better and going to provide a better society for our youth. 202 May 8, 2003 Chairman Winton: Thank you. Yes, ma'am. Note for the Record: The following comments by Betty Massena were translated by the Creole interpreter. Betty Massena: My name is Betty Massena. I live in 440 Northeast 71st Street. I'm working at Fullei's. I am very happy, delighted that you have a project to build a park. Chairman Winton: Could I interrupt you? Excuse me. Y'all in the back -- what is his name with the tie on back there? I forget your name. Could you -- the people you want to talk to, could you go outside so we can carry on this meeting, and people that are here that want to hear can hear? Thank you. Yes, ma'am. Ms. Massena: But I'm sorry to say that the park will not be able to take care of our children. If there is no money, the park won't be able to take care of the kids. There won't be any money or any food on the table. And things are hard now. It's difficult for us to find a job. And also, having a park in the area is not going to do anything for us. Thank you. That's all I have to say. Chairman Winton: Thank you. Are y'all in line to -- come on up. Everybody that's in line, step closer to the podium and you're on. One minute, sir. Name -- need your name and address. Jensen Dusrosiers: My name is Jensen Dusrosiers. I'm a producer from a popular -- very popular Haitian event. And I've been doing business -- Chairman Winton: What's your address? Address. Mr. Dusrosiers: I'm from New York, but I've been traveling to Miami playing for the Haitian community -- Chairman Winton: OK. Mr. Dusrosiers: -- from a band -- from a very popular band. And I've been coming to Miami playing for the Haitian community every year for Roots and Culture in the streets of Little Haiti. And I don't see none of those business owners doing anything to sponsor or to help the Haitian community with their cultural affairs, with anything to help the culture grow. We have a few producers here who are here -- I don't know if they have a chance to talk, but we're all concerned about how much time do we have to wait to have a first-class park in the Haitian community. Because we, from the artistic world, would like to thank the City of Miami and the City Commissioners for, at least, thinking about building a first-class park in the Haitian community. And I think the rest of the world -- the rest of the Haitians around the world would definitely be delighted to see you guys are thinking about the Haitian community. Chairman Winton: Thank you. Mr. Dusrosiers: All right. 203 May 8, 2003 Chairman Winton: Yes, ma'am. Note for the Record: The following comments by Yvrose Femelen were translated by the Creole interpreter. Yvrose Femelon: My name is Yvrose Femelen. I'm working at Fullei Food Fresh. Chairman Winton: What is her -- need her address, please. Vice Chairman Teele: What's her address? Ms. Femelon: Eight thirty-nine Northeast 85th Street. I love my job. And our boss, our employer, he loves us and he respects us. I have three children. My husband is sick and he's at the nursing room -- home. And I am working there and that's how I'm able to support myself and my three children. I wouldn't like this place to be closed down because all these people are working there and that's how they are able to support themselves. And if that location is closed, we're going to have big problems. OK. Thank you. Chairman Winton: Thank you very much. Yes, sir. Del Bryan: Mr. Chairman, Commissioners, and a minute is short. The last time you had this, I asked a question basically -- Ms. Thompson: I need your name and address, please, sir. Mr. Bryan: Del Bryan, 201 Northwest 7th Street. The question is, once all this land is acquired, what is the timeframe and is there the funding to build a park of that scale? Now, the point I wanted to make here is that I think everyone who spoke previously supports a park, and Little Haiti should have a park but not at the expense of killing the vibrance in the commercial areas. When you do that, it kills the community or it takes a very long time. By that time, none of these people will be there. We don't have to go very far to see a prime example of that. (INAUDIBLE). Look at Overtown. Government acquired all that land and what is happening here now is that -- it's a dirty word to say gentrification, but it's a fact of life. That is part of what is happening. And if we can't find a way to maintain the business activity, grow more business, housing, then the park doesn't need to be there. There'll be nobody to use the park, (INAUDIBLE) lives there. There may be a different set of residents 20 years down the road, and that's not helping the people in Little Haiti now. You want it to be a strong community, they should have a park. And everybody said they should have a park, but it doesn't make sense to kill the economic life. Go in Overtown. Go in Model City area. You'll see the results of that. You don't have the money to build it in five years and make a park, it should be revised and let the commercial area live so that people can have jobs. Chairman Winton: Thank you. Yes, sir. Note for the Record: The following comments by Joseph Fleuvival were translated by the Creole interpreter. 204 May 8, 2003 Joseph Fleuvival: My name is Joseph Fleuvival. My address is 870 Northeast 147th Street. I've been working at Fullei's for seven years. I never have any problem with the boss. Now, if you say that you'd like to close down that business, what about us, the employees? Where are we going to go? Because a lot of people are looking for jobs and they cannot find any. If you have that kind of money, I think it would be good to create jobs for the people. Because a lot of the people are looking for jobs and they cannot find any. OK. Thank you. Chairman Winton: Thank you. Mr. Hagen. Steve Hagen: Steve Hagen, 725 Northeast 73rd Street. First off, thank you for hearing us on the redistricting today. Chairman Winton: You only have a minute, so -- Mr. Hagen: Now, you broke my train of thought. I don't envy you in what you have to do here today, because there obviously is a lot of confusion about what the size of this park is. I'm all for a decent sized park. I'm even more in favor of seeing some additional tot lots built throughout the entire area. If you live in a single-family home, you have greenery in your backyard. But if you live in an apartment building, you want to be able to get to a small green area. And this is one thing that's needed all over this city. And so, I hope that some of the many allocations for this park could maybe, perhaps, be split up into smaller allocations for tot lots that people can walk to. I've heard people say that they don't want to go to Morningside Park and some of the other larger parks because they're too far away. We need things that are closer. And Morningside Park, by the way, is open all the time. I ride my bike down there seven and eight o'clock at night. It is gated, but the gates are open. Chairman Winton: Your -- Mr. Hagen: And I would hope that -- Chairman Winton: -- time is up. Mr. Hagen: In terms of economic development for this area, I would hope that the Commissioners use their imaginations and the monies that are allocated from you in this bond money, that you use it to leverage the improvement of the infrastructure of the sidewalks and of the streets in the area. Chairman Winton: Thank you. Yes, sir. Note for the Record: The following comments by Othello Odonel were translated by the Creole interpreter. Othello Odonel: My name is Othello Odonel. My address is -- my name is Othello -- Vice Chairman Teele: He said it in English. 205 May 8, 2003 Mr. Odonel: My address is 93 Northwest 69th Street. I'm working for Fullei Fresh. I've been here since 1980, and this is the first employer that I see that really love Haitians like this. I have relatives here and Haiti. If the job is closed down, what am I going to do? I respect myself and I cannot do things that are wrong. And also, that's what I know, work. So, if God give you a gift, that's what you have to use. What you see today is what you see and you don't know what tomorrow will bring. Chairman Winton: Thank you. Anyone else from the public like to speak on this item? Being none, we will close the public hearing portion of this. And I'm going to take advantage of having the chair for a moment and make an editorial comment or two. One is that -- and this is directed specifically to the property and business owners in the area -- I can tell you that I have been involved not nearly as well as I should have been. Commissioner Teele always leads this effort with things like Roots and Culture and other civic and festival kinds of things that go on in this whole area. And I will bet you, if we did a real audit to determine how many of you business people and how many of you business owners and property owners in that area financially supported key community events that were going on in there, I'll bet I can't find three. And we had a long discussion about this issue earlier today, about the ability of things like the Coconut Grove Arts Festival, as an example, that can support itself financially because they can get sponsors from anywhere. And things like Goombay, which happens to be Bahamian and Bahamian -American, their inability to get the same kinds of sponsors, or Roots and Culture, that really struggles to get sponsors because the neighborhoods in which they create these festivities don't have support. In fact, what I've heard all along is that there aren't any businesses and there's not enough businesses and they're not -- but the real answer is that many of the people in these areas that do own businesses and do own properties in these areas, do not participate in the local arts and culture. And so, a word -- a word -- I'll stop there. The word. I would suggest that, in the future, y' all work a lot harder at getting truly involved in your community. And I think that involvement will lead, long-term, to more successful businesses, more successful neighborhoods, lower crime, happier employees, happier neighborhood, et cetera, et cetera. I would also like to note that it's been fascinating to me because there are a lot of folks -- a goodly number of folks certainly that are employed by the businesses that do live in the neighborhoods. We have -- and as Commissioner Teele noted, I think that there has been an awful -- there is -- I think we've done a lousy job at getting good information out and we're going to work on changing that this evening to see if we can't get much more accurate information out to the public so that we can allay some of these concerns. And we do understand, as a Commission, this whole issue over whether or not there will be jobs or won't jobs, and it is incumbent upon us, as Commissioner Regalado said earlier, to make sure that you do understand where we're going so that you can plan for your future. Your future as a business owner or a job holder is equally important as somebody who is a renter or owns a house in the neighborhood. Commissioner Sanchez. Commissioner Sanchez: Mr. Chairman, I agree with you 100 percent on being more involved with the community. Let me just say that they provide employment, which is very, very important in our community, you know. I think that this format, when we have public meetings and they're allowed to express their views and opinions in a true democracy and we get to listen to them, you know, we have an opportunity to exchange, you know, ideas. Because sometimes, 206 May 8, 2003 yes, you know, there are different ideas and different concerns, and that's the beauty of democracy, that we both walk outside into the parking lot. We say goodbye to each other and you go home, you know. You don't bat yourself over the head with a bat or stick. That's true democracy. I think today we've been able to understand certain issues that I, for one, did not quite understand. I think the issue here, one, is that we all, including this Commission, support a park for Little Haiti. That we understand. We also understand the importance of employment and the engine that provides employment in that area. I think Commissioner Teele, today, is going to present certain motions that are going to address two important issues here today. One is the concerns that people have of the uncertainty. That, of course, is something that concerns all of you. You can't expand because you don't know what's going to happen. All of a sudden, there's a mass rush out there to buy the property because the property values will increase. Because you're bringing in -- whether we like it or not -- a development and a new approach to a community that really deserves it and has needed for many, many years. So, I support the leadership of bringing a park to the area. I also will support making sure that the businesses -- the large businesses don't lose their employment mechanism to employ people there. So, I think, at the end of the day, we're going to be able to compromise where everyone's -- not everyone, because that's impossible in our position. Not everyone's going to be happy, but a lot of people are going to be happy. Little Haiti's going to have a park. Businesses are going to strive and you're going to see a new development of the area. I look at the map -- and I know that we're going to be discussing the map later on -- and let me just say that, looking at the map, so far what I see, I could support. Because, first of all, I think Commissioner Teele took the leadership to bring a rebirth to the Caribbean marketplace, which is an important rebirth to that area. And so far, the properties that I see that the City is purchasing has been within consistent argument that I've made here. I will support the purchasing of property as long as it is in a plan to improve the area. I will not support salt and pepper spot checking buying property throughout the community because I don't think it's vibrant to a plan that the City has. But I think that the City is moving in the right direction and I am going to feel much, much comfortable, just like a lot of you are, when we put these motions on the floor and we vote on them. And it's to protect employment in that area. So, I just wanted to state that for the record, Mr. Chairman. Chairman Winton: Thank you very much. Mr. Carswell. Mr. Carswell: Mr. Chair, based on the continued concern -- Chairman Winton: Name and address. Name, please, for the record. Mr. Carswell: Keith Carswell, Director for Department of Economic Development. Based on the continued concerns from the Vice Chair, Commissioner Teele, with employment in the area and with the approval of our Chief Administrator, what the administration would like to do, relative to the boundaries for the proposed Little Haiti Park, is to come back with a resolution at the next Commission meeting that will amend the boundary -- that will exclude from consideration certain areas of the park -- of the proposed park area. What we've, I guess, discussed are parcels north of Northeast 64th Terrace. Now, a portion of that is theoretical but then there is a road that encompasses a portion of that. Chairman Winton: What do you mean by that? I didn't understand what you just meant or said. 207 May 8, 2003 Commissioner Sanchez: Well, look at your map, Johnny. Chairman Winton: I'm looking straight at it. Mr. Carswell: In looking at the map, you see Northeast 64th Terrace? Chairman Winton: Uh-huh. Mr. Carswell: Properties that are north of that particular street. Commissioner Sanchez: At Northeast 3rd Avenue. Chairman Winton: Well, what happens to them? Vice Chairman Teele: Will be excluded. Mr. Carswell: We will exclude those from consideration. Commissioner Sanchez: That takes care of -- Unidentified Speaker: Correct. Commissioner Sanchez: -- one of the biggest employers. Mr. Carswell: OK. OK. Also, if you look at Northeast 4th Avenue on your map. Commissioner Regalado: Yes. Mr. Carswell: That's exactly to the right of 6e Terrace. Properties that are between Northeast 67th Street and Northeast 62nd Street that are east of Northeast 4th Avenue -- Chairman Winton: To the railroad tracks. Mr. Carswell: Correct, to the railroad tracks -- we will exclude from consideration. Commissioner Sanchez: And I believe that was the gentleman who is the artist. Unidentified Speaker: No. Commissioner Sanchez: No? Chairman Winton: Not everybody's going to make it. Commissioner Sanchez: All right. 208 May 8, 2003 Mr. Carswell: And what I would like to make note of is that the -- when we get to the point of the acquisitions that we're proposing for your consideration, none of them involves jobs and they are -- and whether or not we were considering acquisitions for Little Haiti Park or not, these will be consistent with supporting the Caribbean Marketplace. Because as you are aware -- Vice Chairman Teele: You're making two separate thoughts now. Chairman Winton: Yeah. Vice Chairman Teele: Make the second thought clearly. As it relates to the Caribbean Marketplace, what are you saying? Mr. Carswell: What I'm saying is that these acquisitions would go to support the Caribbean Marketplace. Vice Chairman Teele: OK. Chairman Winton: The ones in -- the ones that -- Mr. Carswell: As a standalone. Vice Chairman Teele: Right. Chairman Winton: The ones that are in the following agenda items. Mr. Carswell: Correct. Vice Chairman Teele: Exactly. Chairman Winton: Would you describe how, please? Commissioner Regalado: But what are you -- Mr. Carswell: From the standpoint that, historically, parking has been a big issue. Commissioner Regalado: OK. But what's the address? Mr. Carswell: Beg your pardon? Commissioner Regalado: Address. Mr. Carswell: Oh, sorry. Commissioner Winton: Show him, Commissioner Teele. Mr. Carswell: On your map, if you look at Northeast 59th Terrace, the yellow blocks -- 209 May 8, 2003 Vice Chairman Teele: And Northeast 69th Mr. Carswell: -- are the properties that we're acquiring. Vice Chairman Teele: Number 66 is the Caribbean Marketplace. Mr. Carswell: Yes. Sorry. OK. Vice Chairman Teele: That's on the corner of Northeast 2nd and 59th Terrace. Mr. Carswell: Correct. Commissioner Regalado: OK. Mr. Carswell: And the parcel -- Commissioner Regalado: So, the green one and the yellow one. Mr. Carswell: OK. The yellows are what we are -- the properties that we are acquiring. The greens are the ones that are being conveyed to us by Miami -Dade County. Vice Chairman Teele: OK. If I could, let me try to do it this way. Let -- we have three resolutions that are before us. Very little of what we've heard today deals at all with those three resolutions. OK. So let's try to deal with what we've heard today. If the Chair will entertain a motion, I would like to move that the boundaries of the ark be restudied and narrowed to minimize the loss of jobs consistent with the theoretical 64t Terrace as the northern boundary, and the eastern boundary being Northeast 4th Avenue, that is north of 62nd Street. I would move that the Manager be instructed, after a careful study with consultants, with a land planner, with the landscape engineer or landscape architect -- and there are about three architects on board, contrary to all of the stuff that you've heard. I know of at least two. I met an older gentleman I hadn't met before the other day who's been on board for a year now studying this thing. So, that motion would be for the Manager to come back, at the next meeting or soon, with a report as to the narrowing of the boundaries, as identified by Mr. Carswell and restated, for the purpose of minimizing the potential loss of jobs in the long-term plan, in the long-term plan of this park. I would so move for discussion. Commissioner Sanchez: Second. Commissioner Gonzalez: Second. Chairman Winton: Motion. Discussion. Motion and second. Vice Chairman Teele: Now for discussion. We're trying to deal with three things. First and foremost, we heard a lot of talk about people can't make plans. That's a fair kind of concern. As it relates to these areas, which have always been identified as being the most commercially 210 May 8, 2003 intensive areas, particularly the area along the railroad track going west over to Northeast 4th Avenue. If you look -- those areas have always been the -- Barton's and all of those companies that we haven't even heard from that employ a lot of people -- that was always one of my concerns about that area. What we're doing is asking the Manager to come back to us with a specific resolution that would change the boundaries. And this is very important because the boundaries are not a one-year, two-year cycle that we're talking about. The boundaries are a 30 - year cycle. OK. So what we're doing is, we're changing a 30 -year long-term plan by reducing or asking the Manager to come back with that. That's going to get about 80 percent of all of the discussion that we've heard to date, as I'm advised. We're not making that decision today. We're asking the Manager to confer with the consultants, to meet with the lawyers and all of that, and to literally de -map, if you will, these boundaries for that purpose. If you look at all four of the charrettes -- there were four charrettes by landscape architects from across the state of Florida. We had over 20 landscape architects -- is the Planning Director here? About how many did we have? How many? I just want to put on the record -- not to debate this -- the number of people that have looked at this. Approximately, how many landscape architects came from around the state, including so-called master landscape architects? Ana Gelabert (Director of Planning and Zoning): Approximately 30 of them, Commissioner. Vice Chairman Teele: Thirty landscape -- certified qualified landscape architects came in and studied this in a process that was dynamic with the community, with the staff, and with the County staff. All four groups that came together, three of the four groups recommended that the area that we have talked about now be a separate, but an integral part of the park. And that was - - and so it was always severable. If you look -- I don't know -- where are the big maps? Are the big maps around anywhere? We should have had those big maps. Are they here anywhere? Do we have the little maps, the packets of the four planning documents? The planning maps where the four charrette people -- the four charrettes. (COMMENTS OFF THE RECORD) Vice Chairman Teele: No, I don't. Maybe the NET people would have them. But if you look at all four separate groups that went out separately and studied, three of those four groups recommended that the area that we've described primarily be not the integral part of the park, but be the annex to the park, which would be a 12,000 seat arena. And if you look at the map -- if you look at the map, all four of those maps, three of the four recommended that as the area. Understand that very few people -- and Mr. Manager, where I want to come to on the last motion, after we take up the others -- and I'm asking you to think about this -- is that we need to have, under the supervision of the Bond Oversight Board and the Manager, not the Commission, but we need to have an information program, because there's not -- one of the problems that we've got is we've not put one document out since the bond issue. I hear on radio -- I listen to the Haitian radio stations. They've got the park all the way down on 36th Street. It's going to tear up the design district. I mean, there is more misinformation being put out, and we've got to have a program. I think several of the people -- Gepsie said it, several other people said it, about we need information about where this is going to be. But if you look at what the components of the park are and were -- and this is called a full-service park -- each of these items were voted on. The first item is the redevelopment of the Caribbean Marketplace, which is number 66. Why 211 May 8, 2003 was -- and that's what's before us today. Why was that done? Because in 2000 -- and this goes, again, to some of the things -- are you going to build a park? In 2000, the County Commission passed resolution R-14-08-000, with a transmittal letter, transmitting to the City a funding commitment of $354,000 from the Performing Arts Center bond issue, and said to the City, "Let us get on with the business of redeveloping the Caribbean Marketplace as a culture component." So, we've had three hundred and some fifty thousand dollars toward what is going to probably wind up being a two to three million dollar program that's just sitting there. People are frustrated with that. And so, when you understand that the park was not just a soccer field -- although, I happen to think that's the most immediate thing that's really need, although that's not the number one priority of any of the groups. The number one priority is, has been, and continues to be the development -- redevelopment of the Caribbean Marketplace, which is the matter before us today. And that's based on County requests, community requests, et cetera. The full-service park is not a park the way people are trying to describe it because we have not gotten the information out. What is it? First and foremost, it's a culture component with a black box dance and a mixed-use facility utilizing the Caribbean Marketplace. I don't want anything that I am proposing today to tie the Manager's hands or to tie the management and the professional staff without regard -- with the exception of homeownership -- without regard -- with exception of homeownership -- without regard to anything, because we have a commitment to build that in that area. We've said that for four years and we've done nothing. The second thing is a library. Now, guess what folks? If you read all of this, the community voted to do something that the Library Director of the County has said he has never sat through a process where all of the homeowner associations voted to close two libraries, the one on 4th Avenue -- Northeast 4th Avenue and the one on 79th Street, and to consolidate, at the request of the Director of the Miami -Dade Library Department, at his request, a first-class library within the park. So, when we passed these resolutions -- if you go through each of the resolutions, everything that I'm saying is right there with an approximate dollar amount, approximate this and approximate that. The third thing -- so, the Caribbean Marketplace, the library, was a request for the County to build a neighborhood center. You know how you have the North Dade Neighborhood Center, the Culmer Center, the Caleb Center, to build that. And under that, we were responsible for providing the footprint for that. That building alone would cost the County over $12 million. The County is really dodged and ducked and all of that. And the County has been a partner with us in every step of the way, but that's a lot of money. But unless we provide the land, the County can't build it. We can't go to the County, with the community, and say, "You have an obligation to build it." By the way, under the library rule, we have to provide the footprint and the building, but they provide the books. That's under an interlocal agreement that goes all the way back to 1958 or '68. The fourth component of this were the kinds of things that, I guess, Mr. Hagen said is what ought to be done, which is tot lots and a daycare and something to help people who are working, that live in the community, to be able to have a place where their children can be dropped off and they can go to their jobs. That's the fourth -- and that was done -- we thought we'd do it by a partnership. The "Y" came forward. You know, that's sort of gone south. And so, there's a lot of history, is what I'm saying. There are -- obviously, the fifth and sixth relate to open fields, soccer fields. We cannot build enough soccer fields. And at the end of all of this or at the next meeting, I'm going to come back and ask the Manager to come up with some annexes consistent with what has been said. But the one thing that we must not do, Mr. Manager, we cannot redefine Little Haiti. Little Haiti's boundaries stop somewhere along Miami Avenue. But, clearly, clearly, the Athalie Range Park, either by the traditional African - 212 May 8, 2003 Americans or the Haitian -American community, do not view that area as Little Haiti, no matter how much somebody may want to make it that, you know. It's like everybody doesn't look alike, you know. May be the same color but they're not the same. And there are differences that we want to recognize and respect and celebrate. And so we got to all of these components. And the final component, Commissioner Sanchez, which was like number eight, was a first-class soccer facility capable of seating -- how many was it? Was it 12 -- (INAUDIBLE COMMENTS MADE OFF THE RECORD) Vice Chairman Teele: Fifteen thousand. This was all a part of that. And the reason that I'm making this motion and going through that is that is the area where all of the people had said, if there's ever going to be a soccer field built, that's where it will be built. Were we going to try to build it in the next two years? It is number eight, like number seven or number eight. It's on the bottom. But we must move forward with the redevelopment of the Caribbean Marketplace. I think, by removing item number eight from the list of things or the list of eight or ten things that are there, we can move forward with a lot less noise about how we proceed. And that is the basis by which I am making the recommendation that, in effect, the first-class -- the area that was designated in all of the planning documents, in all of the charrettes, and all of the studies as a potential for the first-class soccer field is this area and that be pretty much eliminated. Commissioner Sanchez: Eliminated? Vice Chairman Teele: Eliminated from the -- Commissioner Sanchez: From that site. Vice Chairman Teele: -- from the master plan of the park. And a master plan is just that. It's not a two-year plan, three-year plan. A master plan should be a plan for the next 20 years, in this case. And that's one of the things that you get when you're in transportation, is that all plans are 20 -year plans. Mr. Carswell: Just a point of clarification. The Chief Administrator reminded me that you also wanted to exclude from consideration properties that had homestead exemption. Commissioner Sanchez: Yes. Vice Chairman Teele: I was going to do that by separate resolution because I think that should be across the board. That is homestead exemption as of January 2001. That's the motion. Chairman Winton: I think there's another -- Commissioner Sanchez: Is that a motion, Commissioner Teele? Vice Chairman Teele: No, no. The motion -- Mr. Carswell: No, no. He wants to -- 213 May 8, 2003 Vice Chairman Teele: -- that's on the floor -- Chairman Winton: Y' all have a motion on the table already. Vice Chairman Teele: -- is to ask them to come back with a redefined boundary that narrows it and drops that area out. Commissioner Sanchez: There's no second. Second. Commissioner Gonzalez: (INAUDIBLE) Chairman Winton: I think y' all already seconded -- Commissioner Sanchez: Did we? Chairman Winton: -- the motion. It's been in the discussion phase for a while. I think there's -- Commissioner Teele, I think there's another crucial element in this that is probably at the heart of the reigning confusion here, and I think we do have to address it one way or another. You're - - one of your last comments is that a master plan is something that you deal with over a 20 -year period, which I absolutely agree with. And -- but what we have to figure out and we have to figure it out quickly, in that way we can get the message out to this community. We have $25 million. We don't have 35, 45, 55. We've got $25 million. And it seems to me what we need to do -- we need to do two things. One, we need to make sure we're crystal clear in terms of the 20 -year plan, what that 20 -year plan for park boundaries will be, at least, as we determine today. Then, we need to be crystal clear in terms of the boundaries that will end up being the $25 million park and components that we're adding into that park, that we have the money to do today. And I think, when you get those two pieces on the table, I think lots of confusion is going to go away here. Vice Chairman Teele: Mr. Chairman, I could not agree with you more. But understand this, we've had study after study after study. We've not even been free to do anything. We've had a - - you know, we just released the study that just got completed 60 days ago. I don't think -- I mean, I think what you're saying is not only brilliant. It's common sense. We're going to have to phase this thing, and that's why I want to be very careful. I am not saying at all that it is not, at least in the planning at this point, that both trailer parks, whether it be five years, three years, or 25 years from now, will be a part of a park. You can't make the argument both ways, you know. What jobs are being affected? OK. So, we've agreed on that and we agreed we're not going to affect jobs. OK. But when you've got the kind of conditions that you have in these communities and -- I mean, I don't know if you've driven through it -- Chairman Winton: Absolutely. I have many times. Vice Chairman Teele: -- but the dominant characteristics of this community are non -conforming code violations. That is the dominant characteristic in this area that is done, whether it be trailer parks or rag processings that are not permitted by code. You wouldn't have it in your district, 214 May 8, 2003 Johnny, you know, and neither would anyone else have it in Little Haiti, in Little Havana. If you start talking about moving some of these businesses that we're talking about -- and I'm not talking about the sewing and this. I'm talking about when you start talking about Northeast 2" d Avenue to the railroad track, just driving up and down those roads, which you're all free to do. Nobody's going to volunteer to say, "Come to my district." Chairman Winton: Well, I've been on those roads many times. Vice Chairman Teele: Nobody's going to volunteer to say (INAUDIBLE). Chairman Winton: I've watched people pull up there in their cars and take all the junk in their car and throw it out and then leave. Vice Chairman Teele: And throw it on the street. Chairman Winton: But, Mr. Manager, we really do need to -- and there's another real important reason for that, in addition to the reason that it let's the public finally get at ease. The other reason is, we need to strategically determine what lands we're going to buy. We can't do that if we don't have those two sets of boundaries in place. Vice Chairman Teele: Mr. Chairman. Chairman Winton: And we don't want to buy the land that we're going to need on the 20 -year plan today. We need the land for the plan where we're going to have a park open, working, that the public can use within two or three years on today's purchase list. So, that's my -- Mr. Carswell: Mr. Chair. Chairman Winton: Yes, sir. Mr. Carswell: I hear you. I think one of the balancing acts that we have, in terms of acquisitions, is if we narrowed the boundaries further and further, then that impedes our ability to negotiate in terms of acquisitions. Because when you start narrowing it, then people start speculating. I think that over the next 90 days, I think that you're going to see the footprint of a park. And we don't -- we've talked with the Commissioner, the Chief Administrator and I and our Chief Financial Officer -- we don't have an inclination to buy scattered sites throughout this particular corridor. I think that, as you see the acquisitions occur over a period of time, I think that you'll see that they're kind of consistent. They make sense and that they're in close proximity, if not contiguous, to one another. So, I -- we hear you and I think we're moving forward in that direction. Chairman Winton: Thank you. Vice Chairman Teele: But, Commissioner Winton, I think the critical component of this is that you and the public have to understand -- and we have to do a much better job of communicating -- what the components of the park are, because this is not a park like a bunch of recreational 215 May 8, 2003 fields. When you -- there may be an area where the park -- where the management says, "This is where we would like to see the library." OK. And so, that may be disconnected to everything else, but I would hope to God it's not in the middle of what's going to be a soccer field. You follow what I'm saying? This is the area where we want to do -- Chairman Winton: Right. Vice Chairman Teele: -- the -- Chairman Winton: (INAUDIBLE) Vice Chairman Teele: -- we want to reserve as land for the neighborhood center that we're going to go to the County and ask them to pay for, you know. And, to the point, the County has been a wonderful partner. There were more County departments -- there were as many County department heads who were members of the working group as there were City department heads. But on one point I want to put on the record, Northeast 2nd Avenue is a County road, OK, and it's in the MPO (Metropolitan Planning Organization) process, but it is not something that -- am I right, Madam Director? It is a County road? And I want to just respond to the public on that point. We need to make sure we're doing what we say we do. But to Commissioner Winton's point, which is very important, it may not all be tight together, Johnny, in terms of this, this, this, we're going to go this and this, because they're different unrelated components that are just tied together by the fact (INAUDIBLE) -- Chairman Winton: I think that's smart. I think that's smart not to have -- who said it has to be one big square box, you know? It doesn't have to be. So it could work beautifully with some kind of -- I call it displaced because I can't -- I don't have the -- but kind of disjointed pieces there, that can work in this whole process. Commissioner Sanchez: (INAUDIBLE) Commissioner Gonzalez: Yes. Chairman Winton: Oh, yeah. Yes. I'm rattling along here. We do have a motion and a second. Do we have further discussion on the motion in front of us? Being none, all in favor "aye." The Commission (Collectively): Aye. Commissioner Winton: Like sign oppose. The motion carries. 216 May 8, 2003 The following motion was introduced by Vice Chairman Teele, who moved for its adoption: MOTION NO. 03-468 A MOTION INSTRUCTING THE CITY MANAGER TO WORK WITH THE CONSULTANTS, LAND PLANNERS, LANDSCAPE ENGINEERS AND LANDSCAPE ARCHITECTS, TO RESTUDY AND NARROW THE BOUNDARIES OF THE PROPOSED LITTLE HAITI PARK BY MAKING NORTHEAST 64TH TERRACE THE NORTHERN BOUNDARY AND NORTHEAST 4TH AVENUE NORTH OF 62ND STREET THE EASTERN BOUNDARY IN ORDER TO MINIMIZE THE POTENTIAL LOSS OF JOBS IN THE LONG-TERM PLAN OF THE PARK; FURTHER TO COME BACK AT NEXT MEETING WITH A REPORT AS TO NARROWING OF THE BOUNDARIES. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Commissioner Regalado: Mr. Chairman. Vice Chairman Teele: The second motion would be the motion to instruct the management not to acquire any homestead exempted property that has been homestead exempted as of January 9 - - 2001. Commissioner Gonzalez: Second. Chairman Winton: Got a motion and a second. Discussion. Being none, all in favor "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign oppose. The motion carries. 217 May 8, 2003 The following motion was introduced by Vice Chairman Teele, who moved for its adoption: MOTION NO. 03-469 A MOTION RELATED TO THE ACQUISITION OF LAND FOR PROPOSED LITTLE HAITI PARK, DIRECTING THE CITY MANAGER NOT TO ACQUIRE ANY PROPERTY THAT WAS LISTED IN THE PROPERTY RECORDS AS HOMESTEAD EXEMPTED SINCE JANUARY 9, 2001; FURTHER DIRECTING THE MANAGER TO DETERMINE AN APPROPRIATE ADDITIONAL EXEMPTION FOR BUSINESSES WHICH HISTORICALLY EMPLOY A CERTAIN NUMBER OF INDIVIDUALS. 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: Now, we have three resolutions that are before us -- Chairman Winton: Before you go there, what about the issue over the -- I'm not clear -- I remember you made that commitment to this public here, but there was also a discussion about exempting -- Commissioner Regalado: Business. Chairman Winton: -- businesses that had more than -- Vice Chairman Teele: The Chief -- Commissioner Sanchez: No, no, no, no, no. Chairman Winton: -- "X" number of employees. So -- Vice Chairman Teele: The Chief Administrator feels very strongly that to just do that number without a rational basis -- Chairman Winton: So, he's going to come back -- 218 May 8, 2003 Vice Chairman Teele: -- is going to wind up creating economic chaos and it really is going to create a lot of problems. Chairman Winton: But you're -- so the suggestion is what? They want to know, so -- Vice Chairman Teele: Eighty percent has been -- is being handled in that first motion. Commissioner Sanchez: Just by the boundaries. Vice Chairman Teele: By the boundary adjustment. Mr. Arriola: Just by the boundaries, we pretty much took care of almost everybody in this room. Commissioner Sanchez: Johnny. Mr. Arriola: But I don't want you guys to rush into a resolution right this moment -- Chairman Winton: (INAUDIBLE) don't want to go through this again. Mr. Arriola: -- without giving me a little time to look into it. Commissioner Regalado: OK. So -- Chairman Winton: You're going to -- I'm sorry, Commissioner Regalado. Commissioner Regalado: So, tell me tomorrow's headline. Mr. Arriola: You're the media guy. Commissioner Regalado: Well -- Mr. Arriola: He knows the press. I wouldn't know. Commissioner Regalado: OK. So -- Mr. Arriola: I only get bad press, sir. Commissioner Regalado: So, tomorrow's headline should it be: City Commission makes a commitment. No jobs will be eliminated for Little Haiti Park? Mr. Arriola: You know, Commissioner -- and that's why I wanted to talk to Commissioner Teele -- that's a very broad statement. Chairman Winton: Right. 219 May 8, 2003 Mr. Arriola: And the moment you say that, somebody's going to say, they have three people working out of their parking lot and they lost their jobs and we did not keep our promises. All I'm asking you, let me bring you back the kind of -- the new drawing, if that's what we want to call it -- Commissioner Regalado: OK. But you being prudent, what we're injecting here is more uncertainty and they are going to leave here thinking, "Well, it may be me." So, we need to focus on something that could diffuse all the tensions, all the uncertainty. Commissioner Sanchez: I believe that the issues that we've addressed here today -- Commissioner Regalado: No. Commissioner Sanchez: -- have addressed about 85 percent of the problem being basically on the issue of the -- the greatest here today, whether we like it or not, was basically employment. And I think we've addressed that issue on the boundaries and what Commissioner -- both resolutions Commissioner -- Commissioner Regalado: Boundaries -- Commissioner Sanchez: -- put forth. Commissioner Regalado: -- change the whole thing. The new boundaries change the whole thing and I understand that. But, see, we start this meeting, even with the area Commissioner, who has been the leader of this Commission in this part, stating that we are not going after jobs. So, we have to end this session with some concrete -- not to say, "Well, what we've done is address most of the issues." We need to make some kind of commitment. Mr. Arriola: What you're asking -- Commissioner, what you're asking me is to make a final, total, absolute commitment. Commissioner Regalado: No. Chairman Winton: Well, hold on then. Let me -- I think what (INAUDIBLE) you said that you're going to come back to us when? Vice Chairman Teele: Next (INAUDIBLE). Mr. Arriola: Within the next couple of weeks. Unidentified Speaker: Next Commission. Chairman Winton: OK. So, Commissioner Regalado and to the public, I think that there yet has to be a bit of uncertainty left in this at this moment. And I think the Manager is going to come back and wring out as much more as we can. And I think he deserves the two more weeks. And this has been going on a long time. I think he deserves the two weeks and he will come to the 220 May 8, 2003 next, I guess, Commission meeting with something. And secondly, I'm going to say -- you know, because I've watched these kind of processes in the past. You know, if you exempt everybody, then you won't have a park. Vice Chairman Teele: You won't have a park. That's (INAUDIBLE) Commissioner Regalado: No, no, no, no. Chairman Winton: Somebody has to give up something -- Commissioner Regalado: Somebody, and -- Chairman Winton: -- or you won't have a park. Commissioner Regalado: -- we all understand that and that's something that we will not fight. But since we start with this optimistic tone, we should end it in saying, "Well, you know, because we do not want to eliminate jobs, it's that we have changed the boundaries." Because we do not want to eliminate jobs. Because the whole issue this afternoon here was jobs and the need -- because, you know, everybody knows that there are five votes in this Commission for a Little Haiti Park. Everybody knows that and there's nothing is -- it's not going to change because that was a commitment that we made. But we need now to give back the community their tranquility so they can go back and start working tomorrow and start planning for the future. So, what I'm saying is -- I mean, Arthur suggested business with more than 15 persons -- Mr. Arriola: No, no, no. Vice Chairman Teele: I said 25. Commissioner Regalado: Twenty-five. Mr. Arriola: No. Commissioner, I have spoken -- Commissioner Regalado: Fine by me. Mr. Arriola: -- to the business owners that came up here. I've talked to them. I've talked to Manny. I've talked -- I have addressed this issue with them. I'm going to give them a comfort level, but I, again, I am -- you know, I'm telling you, we cannot sit here today and make an absolute commitment -- Chairman Winton: Excuse me. Let's move -- Mr. Arriola: -- until I do a complete study. Chairman Winton: Would you -- I don't think we're doing that, so don't -- Mr. Arriola: Well, once you say 15 jobs, sir -- 221 May 8, 2003 Chairman Winton: We're not doing that. You're not hearing what -- Mr. Arriola: Well, that's what he just asked for. Chairman Winton: No. We're moving right along here. He wants -- he's looking for comfort level. We're going to get comfort level. Mr. Arriola: Absolutely. Chairman Winton: And I'm suggesting that we're going to give you the two more weeks to bring back so that -- Mr. Arriola: That's good. That's all I want. Chairman Winton: -- we wring out some additional insecurity here and then people are going to know and can make decisions. So, I think we've passed that first motion. We need to move to Item 22. Vice Chairman Teele: I would move the item. Commissioner Gonzalez: Second. Chairman Winton: We have a motion on Item 22. Commissioner Gonzalez: Second. Chairman Winton: We have a motion and a second. Discussion. No further discussion. All in favor "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. The motion carries. The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-470 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT THE CONVEYANCE OF COUNTY OWNED PROPERTIES LOCATED AT 299, 303 N.E. 59TH TERRACE AND 6150 N.E. 4TH AVENUE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF, BY COUNTY DEED TO THE CITY OF MIAMI. 222 May 8, 2003 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado NAYS: None. ABSENT: Commissioner Joe Sanchez Chairman Winton: Item 23. Vice Chairman Teele: So moved. Chairman Winton: We have a motion on 23. Need a second. Commissioner Gonzalez: Second. Alejandro Vilarello (City Attorney): This requires an extraordinary vote. Chairman Winton: I'm sorry? Mr. Vilarello: This requires a four-fifths vote. Chairman Winton: Well, there's four of us here. Chairman Winton: We have a motion and a second on 23, which requires a four-fifths vote. Discussion. Being none, all in -- Ms. Thompson: Commissioner, I'm sorry. We didn't get a second on 23. Commissioner Regalado: Second. Chairman Winton: Yes. We got a second right here. Vice Chairman Teele: Commissioner Gonzalez. Ms. Thompson: OK. Chairman Winton: We have a motion and a second. Any further discussion? Being none, all in favor "aye." 223 May 8, 2003 The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. Motion carries, four to whatever. The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-471 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXERCISE THE OPTION TO PURCHASE THE PROPERTY LOCATED AT 263 NORTHEAST 59TH TERRACE (THE "PROPERTY"), MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN THE OPTION AGREEMENT BETWEEN THE CITY OF MIAMI AND THE ESTATE OF WESNER ISSAC FABIUS (SELLER), ATTACHED HERETO AND MADE A PART HEREOF, IN CONNECTION WITH THE DEVELOPMENT OF LITTLE HAITI PARK, WITH A PURCHASE PRICE OF $150,000 AND TO CONSUMMATE SAID TRANSACTION IN ACCORDANCE WITH THE TERMS OF SAID OPTION AGREEMENT; FURTHER ALLOCATING FUNDS IN THE AMOUNT OF $169,000 FROM THE $255 MILLION HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND TO COVER THE COST OF SAID ACQUISITION INCLUSIVE OF COST OF SURVEY, APPRAISAL, ENVIRONMENTAL REPORT, TITLE INSURANCE, AND DEMOLITION ASSOCIATED WITH SAID ACQUISITION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado NAYS: None. ABSENT: Commissioner Joe Sanchez Vice Chairman Teele: Move 24. Chairman Winton: Got a motion on 24. Commissioner Gonzalez: Second on 24. Chairman Winton: And a second on 24. Discussion on 24. 224 May 8, 2003 Mr. Vilarello: Also requires a four-fifths vote. Chairman Winton: Also a four-fifths vote. So motion, second. Discussion. Being none, all in favor "aye." The Commission (Collectively): Aye. Chairman Winton: Motion carries. The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-472 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE AN OPTION TO PURCHASE REAL PROPERTY AGREEMENT ("OPTION AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND ARY MOISE INTERNATIONAL, INC., A FLORIDA CORPORATION, TO PURCHASE PROPERTY LOCATED AT 253 NORTHEAST 59TH TERRACE, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, IN CONNECTION WITH THE DEVELOPMENT OF LITTLE HAITI PARK, FOR A PURCHASE PRICE OF $85,000 AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE OPTION AGREEMENT; ALLOCATING FUNDS, IN THE AMOUNT OF $88,310 FROM THE $255 MILLION HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BONDS TO COVER THE COSTS OF SAID ACQUISITION INCLUSIVE OF COSTS OF SURVEY, APPRAISAL, ENVIRONMENTAL REPORT, TITLE INSURANCE AND DEMOLITION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado NAYS: None. ABSENT: Commissioner Joe Sanchez Vice Chairman Teele: Move 25. 225 May 8, 2003 Chairman Winton: Oh. Motion on 25. Commissioner Gonzalez: Second 25. Chairman Winton: Second on 25. Discussion on 25. Does this require four-fifths? Vice Chairman Teele: Yeah. Chairman Winton: So, four -- Mr. Vilarello: No. I believe -- Chairman Winton: OK. Well, there's four of us here. Mr. Vilarello: Yeah. Chairman Winton: So, any further discussion? Being none, all in favor "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. Motion carries. The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-473 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE THE OPTION TO PURCHASE REAL PROPERTY AGREEMENT ("OPTION AGREEMENT"), ATTACHED AND INCORPORATED, BETWEEN THE CITY OF MIAMI AND ARY MOISE (SELLER) TO PURCHASE THE PROPERTY LOCATED AT 255 NORTHEAST 59th TERRACE, MIAMI, FLORIDA ("PROPERTY"), AS LEGALLY DESCRIBED IN "EXHIBIT A," IN CONNECTION WITH THE DEVELOPMENT OF LITTLE HAITI PARK, FOR A PURCHASE PRICE OF $18,500 AND IN ACCORDANCE WITH THE TERMS SET FORTH IN THE OPTION AGREEMENT; ALLOCATING FUNDS IN THE AMOUNT OF $21,500 FROM THE $255 MILLION HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND TO COVER THE COSTS OF SAID ACQUISITION INCLUSIVE OF COST OF SURVEY, APPRAISAL, ENVIRONMENTAL REPORT AND TITLE INSURANCE. 226 May 8, 2003 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado NAYS: None. ABSENT: Commissioner Joe Sanchez Vice Chairman Teele: Twenty-six. Chairman Winton: Oh. Commissioner Gonzalez: Second 26. Chairman Winton: Motion and second. Discussion. Being none, all in favor "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. Motion carries. 227 May 8, 2003 The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-474 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF THE PROPERTY LOCATED AT 265-71 NORTHEAST 59TH TERRACE (THE "PROPERTY"), MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN THE PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF MIAMI AND JERRY ALLEN MASHBURN AND KAREN MASHBURN ATTACHED HERETO AND MADE A PART HEREOF, IN CONNECTION WITH THE DEVELOPMENT OF LITTLE HAITI PARK, WITH A PURCHASE PRICE OF $175,000 AND TO CONSUMMATE SAID TRANSACTION IN ACCORDANCE WITH THE TERMS OF SAID PURCHASE AND SALE AGREEMENT; FURTHER ALLOCATING FUNDS IN THE AMOUNT OF $205,000 FROM THE $255 MILLION HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND TO COVER THE COST OF SAID ACQUISITION INCLUSIVE OF COST OF SURVEY, APPRAISAL, ENVIRONMENTAL REPORT, TITLE INSURANCE, AND DEMOLITION ASSOCIATED WITH SAID ACQUISITION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: I would like to request and instruct the Manager, regarding the redevelopment of the Caribbean Marketplace, to communicate with Miami -Dade County Michael Springs, the Manager, et cetera, et cetera, et cetera and to come forth with a comprehensive plan to deal with the historical problems of the Caribbean Marketplace, which is 228 May 8, 2003 primarily parking, and to move forward with a plan, within 30 days, regarding the Caribbean Marketplace -- Chairman Winton: Can I interrupt you one second? I would like to thank all of you for coming and I would also like to congratulate everyone on their demeanor. I think everyone acted very professionally and civil, and I think it showed we do have a very, very diverse community. And it's a very exciting diverse community and we welcome you and thank you for coming. [APPLAUSE] Unidentified Speaker: Thank you all very much. We really appreciate us being (INAUDIBLE) Chairman Winton: Thank you. Vice Chairman Teele: Thank you. We appreciated your demeanor. Mister -- Chairman Winton: I'm sorry. Commissioner Teele. Thank you. Vice Chairman Teele: Michael O., we love you, man. OK. Good. Keep fighting. Thank you for coming. Mr. Chairman, I would move that the Manager be instructed to return to the Commission, within 30 days, on a comprehensive plan regarding the redevelopment of the Caribbean Marketplace, specifically dealing with the issues that have plagued that development, which is the lack of parking. And to meet with the County and to give us a timeline time schedule for the redevelopment, consistent with the County's request and the community's request for a black box theater culture components, specifically including the component for the NET Offices as a part of that as your option. I would so move. Commissioner Sanchez: Second. Chairman Winton: Motion and second. Discussion. And I would -- I'm sure you've seen the Caribbean Marketplace. I went up there right after I first got elected and looked at it because I'd heard so much about the beauty of the thing. And then it failed immediately. And I got out there and I looked at it for one minute and it was crystal clear why it failed. And I don't know who's - - you know, never mind. But it was built, surrounded by buildings, with not one bit of parking, so whoever did the great planning originally -- so for this to be a success, we've got to have parking. And maybe Commissioner Teele will get -- Mr. Arriola: By the way, most of the land -- Chairman Winton: -- criticized again for more parking, but I'm in favor. Mr. Arriola: Most of the land you bought today is for parking. Chairman Winton: Right. So, we have a motion and second. Any further discussion? Being none, all in favor "aye." 229 May 8, 2003 The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. The motion carries. The following motion was introduced by Vice Chairman Teele, who moved for its adoption: MOTION NO. 03-475 A MOTION DIRECTING THE CITY MANAGER TO MEET WITH MIAMI- DADE COUNTY OFFICIALS AS IT RELATES TO THE REDEVELOPMENT OF CARIBBEAN MARKET PLACE AND COME BACK TO THE COMMISSION WITHIN 30 DAYS WITH A COMPREHENSIVE PLAN, SPECIFICALLY ADDRESSING THE ISSUE OF LACK OF PARKING; FURTHER INSTRUCTING THE CITY MANAGER TO COME BACK WITH A TIME LINE FOR SAID REDEVELOPMENT CONSISTENT WITH THE COUNTY'S REQUEST AND THE COMMUNITY'S REQUEST FOR A BLACK BOX THEATER CULTURE COMPONENT, SPECIFICALLY INCLUDING THE COMPONENT FOR THE NET OFFICES AS AN OPTION. 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 Chairman Winton: Yes, sir, Commissioner Teele. Vice Chairman Teele: And, finally, Mr. Chairman, I would ask that the City Manager and City Attorney, in conjunction with the Bond Oversight Board, come back with a resolution, within 30 days, to provide for an information program and campaign to make the public aware of what decisions have been made, what the plans are, and essentially, to deal with the question that so many of the speakers spoke about today, the lack of not having information. And I'm specifically asking that this not be in a Commission office or the Mayor office, but it be as a part of the management and the Bond Oversight Committee. Maybe they could set up a subcommittee. And I would specifically ask, as a part of that motion, to be sensitive, Mr. Attorney, to the fact that most of the community doesn't get their information from the Miami -- daily newspaper. They get it primarily from radio and television, and that represents a challenge, as well as the issue of a dual language issue in that area. I would so move. 230 May 8, 2003 Commissioner Sanchez: Second. And just on that issue, which I think it's great but, you know, as more projects get on line to do and projects that involve community involvement, you know, I think it's important also to have that on NET 9 -- to have -- give people information on NET 9 on all the big capital improvement projects in the City. Vice Chairman Teele: The problem is this -- and you're 100 percent right, and that's why I ask that the County Attorney be involved because there's got to be a threshold whereby this is a planning program versus a PR (Public Relations) program. OK. Because you can't have a PR program out of bond proceeds, but you can have a planning process. And a part of that process is to get information out. See, the biggest problem is, since the bond passed -- and on the Little Haiti Park -- we've not published one document -- Chairman Winton: Or on anything else. Vice Chairman Teele: -- on this or, candidly, anything else. You know, people don't even know what the boundary is, if you listen to the radio. We've not put anything out. And the other challenge that you have in the Haitian community is that you've got to do a lot of stuff over radio, as well as in Creole, because of the way the circulation patterns work. So, I agree, but I think the Attorney and the Manager are going to have to opine on that issue as it relates to the legality and what the threshold point is. Chairman Winton: OK. We have a motion and a second. Any further discussion on that motion? Being none, all in favor "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. The motion carries. The following motion was introduced by Vice Chairman Teele, who moved for its adoption: MOTION NO. 03-476 A MOTION INSTRUCTING THE CITY ATTORNEY TO CAUSE AN INVESTIGATION, TO BE CONDUCTED BY EITHER A RETIRED JUDGE, AN OUTSIDE LAW FIRM OR INVESTIGATIVE AGENCY, WITH THE INVOLVED PARTIES BEING SWORN UNDER OATH, REGARDING ALLEGATIONS MADE BY MS. HATTIE WILLIS RELATED TO THE FIRE - RESCUE DEPARTMENT; FURTHER INSTRUCTING THE CITY ATTORNEY TO RETURN IN 180 DAYS WITH A RECOMMENDATION ON MS. WILLIS' CASE AND ON PROCEDURAL AND PROCESS ISSUES, AS MAY BE DETERMINED. 231 May 8, 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 Chairman Winton: Madam Clerk, do you have -- Vice Chairman Teele: What item are you here on? Chairman Winton: -- the handheld microphone? My leg's about to kill me and I've got to keep it up now. So, I'm going to have to -- 38. DIRECT CITY MANAGER TO IDENTIFY A FUNDING SOURCE TO COVER THE COST OF THE BUENA VISTA HEIGHTS CHARRETTE, NOT TO EXCEED $18,000, AND TO MOVE FORWARD WITH THE CHARRETTE PROCESS WITHIN 60 DAYS. Vice Chairman Teele: Mr. Chairman, we had a 5:30 time certain. It's now 7 p.m. Chairman Winton: You're on. Sorry. Well, you got to participate in both things. Evelyn Andre: All right. No problem. Chairman Winton: We need you name and address again for the record, please. Ms. Andre: Evelyn Andre, 4185 Northwest 1st Avenue. I'm the President of Buena Vista Heights. Chairman Winton: Hold on one second. We got to get -- what -- this is Item 5A. Vice Chairman Teele: 5A. Chairman Winton: 5A. I think I lost 5A. Vice Chairman Teele: Are you lost (UNINTELLIGIBLE)? Chairman Winton: Bear with us one moment, please. Ms. Andre: No problem. 232 May 8, 2003 Vice Chairman Teele: Too many papers. Chairman Winton: Too many pages, too many things, too much jumping around. Vice Chairman Teele: Public appearance. Ms. Evelyn Andre to address the Commission concerning the funding for Buena Vista Heights Charrette. The Manager's recommendation to be discussed. Chairman Winton: Great. Vice Chairman Teele: Is the Planning Director around? Chairman Winton: Mr. Manager, could we interrupt you? We've got Item 5A, and it requires the -- Commissioner Sanchez: She's on her way out. Vice Chairman Teele: OK, good. Ms. Andre: OK. Great. Commissioner Sanchez: Out here. Chairman Winton: Well, we ought to wait for her to get here. I want to make sure she hears what the -- Vice Chairman Teele: Ms. Andre, would you just ask the people that are here with you from this newly formed association to please stand, just so the Commission knows who you're representing? Thank you very much. Ms. Andre: We had more but -- 5:30, and it's now 7:15 -- they had to go for dinner. Vice Chairman Teele: Why don't you start, Ms. Andre, by giving your name and address again, and give us the boundaries of the association that you're representing. And we're very proud that they've formed this association, candidly, out of frustration -- Ms. Andre: Correct. Vice Chairman Teele: -- and positive things have come out of it. Chairman Winton: Smart. Ms. Andre: OK. Thank you. Our boundaries are from North Miami Avenue to Northwest 2nd Avenue, from 38th Street down to 48th Street on the west side. Vice Chairman Teele: 36th or 38th 233 May 8, 2003 Ms. Andre: 38tH 38tH Street. OK, great. What we're requesting is for funds to start a charrette, similar to what the west -- the east side has that will be this weekend. What we need this funding for is for adequate lighting, better sidewalks, swales, curb appeal, landscaping, traffic control -- especially within 38th Street, they need a four-way stop sign in that area -- home beautification, better drainage. What we also would like to request during our charrette is if we can also choose our own architect and planning, so that we can make sure that we get exactly what we want, as opposed to them assigning someone who doesn't know our area, someone who -- We chose an architect who is already in our area currently. He works in the design district. He is familiar with our area and I -- we feel that he would better represent us, as well. Vice Chairman Teele: Chairman, if I may. Chairman Winton: Sir. Vice Chairman Teele: The Planning Director has been working -- And just to remind you, there was a group that came up, I think, Luis Penelas and Jim Keen at the old arena, at the Miami Arena about six months ago. And that's Buena Vista. And Buena Vista is on the east side of Miami Avenue, and the Heights is on the west side of -- Ms. Andre: The Heights is on the west side -- Vice Chairman Teele: -- is on the west side. Ms. Andre: -- of Buena Vista. Vice Chairman Teele: It had been hoped, and it was my hope that the two groups would have one joint charrette. However, that didn't workout for whatever reason. It's no need in revisiting that. And again, we keep talking about empowering neighborhoods, and that may be a good thing that it didn't work out. And so as a result of the Planning Department's decision that the charrette or the Planning Department putting the charrette forward for the Buena Vista and the Heights being not a part of that, then I indicated to them that I would support asking the Planning Director to add onto the charrette process -- What we cannot give you is what the law won't let us violate -- Ms. Andre: Oh, OK. Vice Chairman Teele: -- and that is we cannot, you know, let you select your own architect. We can't get to select our own architects up here (UNINTELLIGIBLE). Ms. Andre: I thought, you know -- Vice Chairman Teele: So we have the competitive process, and maybe the Planning Director could explain exactly where we are and how we can accomplish this. By the way, that charrette is scheduled to go forth May -- 234 May 8, 2003 Ana Gelabert-Sanchez (Director, Planning & Zoning): May 9th, this weekend, the one for East Buena Vista. We did meet with the Planning Department and with Evelyn. Ms. Andre: Yes. Ms. Gelabert-Sanchez: And I believe we have, based on what the requirements of what Buena Vista Heights wanted, it was approximately $18,000, I believe, what it would require to do the charrette on Buena Vista Heights. Chairman Winton: Do we have a recommendation from staff? Ms. Gelabert-Sanchez: We would be working with them. The issue right now would be identifying the funding for the charrette. But we would be more than happy to work with Buena Vista Heights. Vice Chairman Teele: Mr. Chair, how much did we say? Ms. Gel ab ert- Sanchez: Eighteen thousand dollars. Chairman Winton: And we'll have a mid -year appropriation adjustment that'll be in the millions, I'm sure. Vice Chairman Teele: We can't identify $18,000 for a planning process, consistent with everything the Mayor is saying about empowering neighborhoods and -- ? Ms. Gel ab ert- Sanchez: I hear, yes, we can. Unidentified Speaker: Yes, sir. Commissioner Sanchez: Mr. Chairman, just out of curiosity, is there an existing plan of the area? They've never done -- Ms. Gelabert-Sanchez: They have never done. What the community wants, as Evelyn expressed, is traffic (UNINTELLIGIBLE) devices, sidewalks, streets, lighting, similar to what the request of East Buena Vista. Chairman Winton: Well, they want -- Ms. Gelabert-Sanchez: And they want -- Chairman Winton: They don't just want those things kind of in a -- They want them in a coordinated plan -- Ms. Gel ab ert- Sanchez: Right, exactly. Chairman Winton: -- so that the streetscape looks good. 235 May 8, 2003 Ms. Gel ab ert- Sanchez: Right. Chairman Winton: So that the whole thing comes together. That's what they're looking for. Ms. Andre: Yes, exactly. Ms. Gel ab ert- Sanchez: It's a plan that would identify everything. Chairman Winton: So do we have a motion? Vice Chairman Teele: I would move the request of the association as recommended by the Manager, with the Manager finding the funds, but moving forward with the process within 60 days. Commissioner Sanchez: Second. Chairman Winton: Motion and second. Any further discussion? Vice Chairman Teele: Mr. Manager, let me just say -- Who's going to be doing the charrette process in Buena Vista? Ms. Gel ab ert- Sanchez: It's the University of Miami. Vice Chairman Teele: And how much is that going to cost? Ms. Gelabert-Sanchez: I believe it was twenty-five and they -- because we were looking at both of them. They -- a lot of the leg work that's going to be happening this weekend, it could also be part of what's going to be required for Buena Vista Heights. That's how we were able to divide the funding. Commissioner Sanchez: And Commissioner Teele, that is why I asked, because the University of Miami has basically done charrettes throughout the entire City. They've done one in Little Havana. They've done one in Flagami. They've done it everywhere. So if, you know, if -- like in Little Havana, there's like five or six of them that have been done. And I just said if there's one, you know -- Commissioner Regalado: Not in Flagami. Commissioner Sanchez: They've never done one in Flagami? Commissioner Regalado: Not in Flagami. Commissioner Sanchez: Well, maybe they need to, because they've done one everywhere. So -- 236 May 8, 2003 Vice Chairman Teele: Mr. Manager, I just think that it's so important that we try to get consistency of design, but local input. And the real issue is knowing the City regs., the City rules, the standards, et cetera. And I think it would be much faster, and you'll be able to get what you're trying to get much quicker if we can work through the City staff to allow them to identify, with instructions that they've got to work with you, they've got to be a part of -- you know, engage with you -- your own separate process, because the sooner you do it, the sooner we can come back and talk about the development. Let me just tell you this, and I'm not saying this to frighten you. If we have to go through a competitive process for a $15,000 contract, $20,000 -- first of all, it'll cost $30,000 if you do it this way. Do you know how long it will take to do the competitive process? A minimum of 180 days. A minimum. That's six months. So if you let the management, you know, piggyback it, or put it onto a process -- We can't let you take public money and select -- Just like when it's time to do the construction work, as much as I'd like to say the people who do the construction must look like you, must live -- look like the people in the neighborhood, State law doesn't allow that. We have to bid it out, and whoever wins, wins. And that's one of the constraints of being in the public sector. Ms. Andre: OK. I understand. Chairman Winton: So we have a motion and a second. Vice Chairman Teele: Is there anybody who's in opposition to the motion or the recommendation? Does anyone need to speak or -- Chairman Winton: We voted against lots of people in the past. I mean, if somebody's in opposition to something as smart as this, I mean -- So further discussion? All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following motion was introduced by Vice Chairman Teele, who moved for its adoption: MOTION NO. 03-477 A MOTION DIRECTING THE CITY MANAGER TO IDENTIFY A FUNDING SOURCE TO COVER THE COST OF THE BUENA VISTA HEIGHTS CHARRETTE, NOT TO EXCEED $18,000, AND TO MOVE FORWARD WITH THE CHARRETTE PROCESS WITHIN 60 DAYS. 237 May 8, 2003 Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Vice Chairman Arthur E. Teele, Jr. Chairman Johnny L. Winton NAYS: None ABSENT: Commissioner Tomas Regalado Vice Chairman Teele: Ms. Andre, are you satisfied? Ms. Andre: Yes, I'm satisfied. No problem. Chairman Winton: And thank you all very much, and my apologies for making you all go through all -- But if you were here during that last public hearing, you get a taste of the kinds of things that we -- issues we have to deal with all the time, and the amount of time it takes. You know, we don't just fool around up here. There's a lot of at running a City and trying to make all of your neighborhoods really successful, and we're working, trying -- we're working very hard to make all of our neighborhoods equally successful. So thank you for your patience and thank you for coming. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: The people that are in this room that live in Buena Vista Heights -- Is there anybody that stood up that doesn't live in Buena Vista Heights? Does everybody here live in that area? Do you all live in the area? Ms. Andre: Yes. Vice Chairman Teele: The people that are here in the Buena Vista Heights are going to be more affected by that park than 90 percent of the people that we just heard from, because they all live there. That's going to be the park that they use, because they don't have a park, either. The park in Little Haiti -- while we're saying "Little Haiti," the park in Little Haiti is going to be much more of a Buena Vista. That's where the residents are. Chairman Winton: Right. Vice Chairman Teele: The residents are between 36th Street and 5e Street, and that's where the people -- so I'm just happy you were here to hear for your own ear what's going on. Chairman Winton: Thank you. 238 May 8, 2003 Commissioner Gonzalez: Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Gonzalez: Can we take a 15 minute recess? Chairman Winton: My leg is killing -- I'd love to do that. Ms. Andre: Thank you, guys. Vice Chairman Teele: Thank you. Chairman Winton: Fifteen. THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 7:18 P.M. AND RECONVENED AT 7:56 P.M., WITH ALL MEMBERS EXCEPTING VICE CHAIRMAN TEELE FOUND TO BE PRESENT. 39. FAILED: PROPOSED RATIFICATION, APPROVAL, AND CONFIRMATION OF MANAGER'S FINDING OF EMERGENCY, WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, FOR EMERGENCY PROCUREMENT OF FOUR MED -ENG EOD-8 BOMB SUITS AND HELMETS, FROM MED -ENG SYSTEMS, INC., SOLE SOURCE MANUFACTURER AND DEALER OF EOD PROTECTIVE EQUIPMENT, FOR DEPARTMENT OF POLICE, $59,776. Chairman Winton: OK, let's start again and we're going to bring up item -- go back to two items that we started on but we needed more information. Marva, Marva Wiley, are you here? She's not here? Commissioner Regalado: She's back in the back. Chairman Winton: She's in the back, OK. Well, as soon as Marva gets here, we'll go to 38 and or 33 and 41 but until then let's see. Item 38 is where we are. Commissioner Regalado: After we done with the Model City's, can we do the blue pages and Chairman Winton: Done with the Model City's, you mean do the blue pages and then come back to the rest of the agenda? Why would we do that? Why don't we finish the agenda and then go - Commissioner Regalado: Well, fine by me. Chairman Winton: We will get through this, if I can get some -- we should get through the rest of the agenda items in 20 minutes. 239 May 8, 2003 Commissioner Regalado: 48 I mean 38 needs 4 -5th Commissioner Sanchez: So -- well, so move 38. Chairman Winton: Got a motion, need a second. Commissioner Regalado: Second. Chairman Winton: Got a motion and a second on 38. Discussion? Being none, all in favor, aye. The Commission (Collectively): Aye. Commissioner Gonzalez: No. Chairman Winton: No? Commissioner Regalado: OK. Chairman Winton: No, so -- Commissioner Regalado: Goes down. Chairman Winton: So, Item 38 does not pass, and in that regard, I would like to pass these comments down to the Manager and it's about how to set these columns up which aren't done very well so, I drew my own columns so we can get the information we need in these things for the future. A MOTION WAS MADE BY COMMISSIONER SANCHEZ, TO ADOPT PROPOSED RESOLUTION RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND APPROVING THE EMERGENCY PROCUREMENT OF FOUR (4) MED -ENG EOD-8 BOMB SUITS AND HELMETS, FROM MED -ENG SYSTEMS, INC., THE SOLE SOURCE MANUFACTURER AND DEALER OF EOD PROTECTIVE EQUIPMENT, FOR THE DEPARTMENT OF POLICE, IN AN AMOUNT NOT TO EXCEED $59,776; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROGRAM, ACCOUNT CODE NO. 312048.299307.6.840. Upon being seconded by Commissioner Regalado, the motion failed by the following vote: AYES: Chairman Johnny L. Winton Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: Commissioner Angel Gonzalez 240 May 8, 2003 ABSENT: Vice Chairman Arthur E. Teele, Jr. 40. RATIFY, APPROVE, AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND APPROVE EMERGENCY INSTALLATION/UPGRADE OF TWO UNDERGROUND FUEL TANK SYSTEMS LOCATED AT NORTH AND SOUTH SUBSTATIONS, FOR DEPARTMENT OF POLICE, FROM U.S. LABORATORIES PROFESSIONAL ENGINEERING AND INSPECTIONS COMPANY, INC. (PEICO), $180,000; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROGRAM. Chairman Winton: 39. Commissioner Gonzalez: Move 39. Commissioner Sanchez: Second. Chairman Winton: Got a motion and a second on 39. Discussion? Joe Arriola (City Manager): On 39 before we get -- I know police item and all that. This is an issue we'll get fined if we don't do this OK? Chairman Winton: Right. Mr. Arriola: We have to do this. Commissioner Sanchez: So Mr. Arriola: It's not up for the police already. Commissioner Sanchez: There's a motion and a second already so what are you -- Chairman Winton: He's but he wants -- Mr. Arriola: I know but we need a 4 -5th and I know where we're coming from so, I want to make sure. Commissioner Gonzalez: No, this one is alright. Fuel tanks are alright. Mr. Arriola: OK. Chairman Winton: OK, got a motion and a second on 39. Further discussion on 39? All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. Motion carries. 241 May 8, 2003 The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-478 A RESOLUTION RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND APPROVING THE EMERGENCY INSTALLATION/UPGRADE OF TWO (2) UNDERGROUND FUEL TANK SYSTEMS LOCATED AT THE NORTH AND SOUTH SUBSTATIONS, FOR THE DEPARTMENT OF POLICE, FROM U.S. LABORATORIES PROFESSIONAL ENGINEERING AND INSPECTIONS COMPANY, INC. (PEICO), (NON-MINORITY/NON- LOCAL VENDOR, 11860 WEST STATE ROAD 84, SUITE 1, FT. LAUDERDALE, FLORIDA) IN AN AMOUNT NOT TO EXCEED $180,000; ALLOCATING FUNDS FROM THE CAPITAL IMPROVEMENT PROGRAM, ACCOUNT CODE NO. 311009.299401.6.850. 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. 41. FIRST READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND ENTITLED "THE NEIGHBORHOOD INITIATIVE GRANT FOR MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST" FOR CERTAIN SPECIAL PROJECTS AND APPROPRIATE $1.26 MILLION, FROM UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT IN SUPPORT OF MODEL CITY HOMEOWNERSHIP PILOT PROJECT. (See #33). Chairman Winton: 40's deferred, So, 41, is Marva out here yet? Vice Chairman Teele: Yeah, Marva's been here„ isn't she? Chairman Winton: No, because I called her a minute ago, so there she is now so, we can take it is that 33 and 41? Marva Wiley: That's correct, Mr. Commissioner. 242 May 8, 2003 Chairman Winton: Or should we start 33? Vice Chairman Teele: I move item for discussion. Commissioner Sanchez: Second. Commissioner Gonzalez: Second. Commissioner Regalado: Which one the 33. Chairman Winton: Discussion. Yeah, did you move 33 or 41? Vice Chairman Teele: 33. Chairman Winton: OK, 33 it is. Marva Wiley: Margo Wiley, acting president of the Model City Community Revitalization District Trust. Item 33 is submitted for your appropriation of $1,260,000 that was appropriated by Congress for the Model City homeownership zone pilot project to the Model City Community Revitalization District Trust. Commissioner Gonzalez earlier mentioned that the addendum in the packet was one page off. I sent you a corrective memo earlier this week, but since I suppose most of you didn't get it I distributed another copy while you were I recess. Commissioner Gonzalez: I recognize that I have a copy here of the proper page, so -- Chairman Winton: We have a motion and a second and we're in discussion. Any other discussion? Being none, all in favor, "aye." Alejandro Vilarello (City Attorney): This is an ordinance. Chairman Winton: I'm sorry. The ordinance was read by title into the public record by the City Attorney. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED "THE NEIGHBORHOOD INITIATIVE GRANT FOR MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST" FOR CERTAIN SPECIAL PROJECTS AND APPROPRIATING FUNDS, IN THE AMOUNT OF $1.26 MILLION, FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT IN SUPPORT OF THE MODEL CITY HOMEOWNERSHIP PILOT PROJECT; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AND TO EXECUTE ANY DOCUMENTS NECESSARY, IN A 243 May 8, 2003 FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR ACCEPTANCE OF THE GRANT; AND CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Vice Chairman Teele, 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. Priscilla A. Thompson (City Clerk): The ordinance is passed on first reading, 5/0. 42. AUTHORIZE ALLOCATION 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. (See Section #33). Chairman Winton: Item 41. Vice Chairman Teele: So move. Commissioner Gonzalez: Second. Chairman Winton: Got a motion and a second. Marva also, I handed, would you make a copy of the comments that I have for the how this grid ought to be set up and give a copy -- when y'all retype it, give it to Marva also because there's additional information that I'd like to see in these grids so it's crystal clear to us what we're looking at and I gave them the suggestions on a prior item, but it relates to this as well. OK -- Commissioner Sanchez: On 41-A there's a motion and a second. Is this a -- Vice Chairman Teele: Mine is 41. Alejandro Vilarello (City Attorney): 41. Chairman Winton: Yeah, 41. 244 May 8, 2003 Commissioner Sanchez: OK. Chairman Winton: Any discussion? Any further discussion on 41? Being -- this is just a resolution so, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. Motion carries. The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-479 A RESOLUTION OF THE MIAMI CITY COMMISSION 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 Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Vice Chairman Teele: Mr. Chairman. Commissioner Winton: Yes, sir. Vice Chairman Teele: On the related matter, I want to make sure that we don't have what I perceive to be an unintentional issue. I think it's inappropriate for Model City's Trust to go before the Bond Committee before you know, before you come to us and gain our your intent or something. You got to do something a little more. We can't be partners if you all are down trying to lobby for money because you know it's our providence in that regard and we've gone 245 May 8, 2003 through that but I just wanted to state that on the record. Secondly, I have asked the City Attorney to meet with you and the City Management staff regarding properties that we have for closing because I really want to understand and I think the City Attorney is instituting some internal procedures to make sure that you all amend everything to reflect where the dollars are coming from to pay for this for every land acquisition. Marva, my concern is that I really would hope that and again, I been very careful not to violate the spirit of the ordinance that we have but I do think we've got to consult more with each other. I would encourage the trust to work closely with the Manager's office and let's try to get a management team in there that's mutually acceptable to the board and to the Manager because at the end of the day this is all one City under one structure and finally, I would hope that you all would work with some community based organizations in the Model City's areas to move forward with capital projects that are nongovernmental. I don't want what I'm saying to be that we ought to build a governmental structure, but capital projects that meet need within the community and I think there's a tremendous number of opportunities that we had in the audience this morning the head of MOVERS (Minorities Overcoming the Virus through Education and Spirituality). I would encourage you all to sit down with MOVERS, and as unpleasant as this subject is, you know, HIV is not going away. You ain't going to have a fight before the Commissioners trying to figure out how to work and build HIV or HOPWA (Housing Opportunities for People with AIDS) -- I should say projects. There's a tremendous opportunity to deal with a need in the community and to deal where there are some resources and I just think you know, we as the African American community can not afford to close our eyes and say that it doesn't exist because it disproportionally affects the African American community. I just wanted to take this as an opportunity to say I really think there needs to be a closer coordination with the Management. I think we ought to try to coordinate closer with community based organizations and I really think we ought to look for positive opportunities to deal with a tremendous problem out there. Ms. Wiley: Your point is well taken, your points are well taken, Mr. Commissioner. Vice Chairman Teele: And again, it's just a point. It's no direction. It's just a thought but I wish you would pass it on to the board. Chairman Winton: Thank you OK. Didn't we do 41A? Commissioner Gonzalez: No. Ms. Wiley: Yes we did. Chairman Winton: That's what I thought because they had the bond counsel here. Yes, we passed that. 246 May 8, 2003 43. APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST Chairman Winton: Forty-two is Bayfront Park Management Trust. Hold on. Is that it? So, are we required to reappoint all these people, Madam Clerk, is that what's going on here? Priscilla Thompson (City Clerk): Yes, sir. All nine members' terms expired -- Chairman Winton: OK. Ms. Thompson: -- on May 4th Chairman Winton: Commissioner Sanchez, you have one nomination. Commissioner Sanchez: I'm going to defer mine. Chairman Winton: Commissioner Regalado. Chairman Winton: Frank Herrera. Chairman Winton: Do we have to -- so, we have a motion on -- this is Bayfront Park Trust? OK. We have a motion. Need a second. Commissioner Gonzalez: Second. Chairman Winton: Got a motion, second. Discussion. Being none, all in favor "aye." Ms. Thompson: I'm sorry. Did I hear Commissioner Gonzalez make the motion on Frank Herrera? Commissioner Regalado: Yes. Chairman Winton: No. You heard Commissioner Regalado make that motion. Commissioner Regalado: My motion and Commissioner Gonzalez seconded it. Ms. Thompson: OK. Thank you. Chairman Winton: OK. Motion, second. All in favor "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. Motion carries. 247 May 8, 2003 The following motion was introduced by Commissioner Regalado, who moved its adoption: MOTION NO. 03-480 A MOTION APPOINTING FRANK HERRERA AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT 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. Chairman Winton: Commissioner Teele, you have a nomination? Vice Chairman Teele: I'm not going to make any appointments today. Chairman Winton: OK, fine. Commissioner Gonzalez. Commissioner Gonzalez: I reappoint Ralph Duharte. Chairman Winton: That's a motion. Need a second. Commissioner Regalado: Second. Chairman Winton: Got a motion, second. Discussion. Being none, all in favor "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. Motion carries. 248 May 8, 2003 The following motion was introduced by Commissioner Gonzalez, who moved its adoption: MOTION NO. 03-480 A MOTION APPOINTING RALPH DUHARTE AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST. 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. Chairman Winton: Chairman Winton has one nomination. I'm going to reappoint Steve Alexander for -- Vice Chairman Teele: I move the appointment of Mr. Alexander on behalf of Commissioner Winton. Chairman Winton: Thank you. Commissioner Regalado: Second. Chairman Winton: Got a motion, second. Discussion. Being none, all in favor "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. Motion carries. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 02-482 A MOTION APPOINTING STEVE ALEXANDER AS MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST. 249 May 8, 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. Chairman Winton: Commission at Large has four appointments, which are Commissioner Sanchez as Chair, Ruth Greenfield, Monk Terry, and Ileana Carpenter. Commissioner Regalado: Move it. Chairman Winton: Got a motion. Commissioner Gonzalez: Second. Chairman Winton: Second. All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. Motion carries. The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 03-483 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST.. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 250 May 8, 2003 Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele. Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 44. APPOINT MONIQUE TAYLOR AND SHANE GRABER AS MEMBERS OF NUISANCE ABATEMENT BOARD. Chairman Winton: 43. Vice Chairman Teele: Are you going to do that or has that been done? Are we going to be spared? Chairman Winton: Nuisance abatement board. Priscilla A. Thompson (City Clerk): Commissioners, just for your information, we have individuals who have served eight consecutive years already so that they would not be available for reappointment. that would be Ralph Valledor and Carolyn Cope and then Mr. Guillermo Revuelta. Commissioner Gonzalez: Guillermo Revuelta. Ms. Thompson: -- thank you, has resigned -- Commissioner Gonzalez: He resigned. Ms. Thompson: -- and he's already served his eight consecutive years. Chairman Winton: Well, Carolyn Cope was (UNINTELLIGIBLE) my appointee but, so you said she's past her eight year -- Ms. Thompson: Yes. Chairman Winton: -- maximum term? And who was the -- Commissioner Sanchez, start with you. Commissioner Sanchez: Well, one of my appointees is Robert Valledor and he served eight years, so I'm going to defer. 251 May 8, 2003 Chairman Winton: OK, Commissioner Regalado. Commissioner Regalado: Monique Taylor. Chairman Winton: Got a motion, need a second. Commissioner Gonzalez: Second. Chairman Winton: Motion, second. Discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. Motion carries. The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 03-484 A MOTION APPOINTING MONIQUE TAYLOR AS A MEMBER OF THE NUISANCE ABATEMENT BOARD. 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: Commissioner Teele, is making none. Is it Shane Graber? Commissioner Teele, on my behalf would you nominate Shane Graber? Vice Chairman Teele: So move on behalf of the Chairman. Chairman Winton: Need a second. Commissioner Sanchez: Second. Commissioner Regalado: Second. 252 May 8, 2003 Chairman Winton: Motion, second, discussion. Being none all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. Motion carries. The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-485 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE NUISANCE ABATEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 45. DEFERRED: APPOINTMENTS TO INTERNATIONAL TRADE BOARD (ITB). DIRECT CITY ATTORNEY TO PREPARE ORDINANCE AMENDING CITY CODE THAT WILL PERMIT COMMISSION TO WAIVE, BY 4/5THS VOTE, 8 -YEAR TERM LIMIT CURRENTLY PROVIDED FOR MEMBERS OF CITY BOARDS UNDER SEC. 2-885 FOR NEXT COMMISSION MEETING. Chairman Winton: 44. Commissioner Gonzalez: I'll defer my -- Mr. Chairman. Chairman Winton: Well, let me stay in order here, cause I don't have the capacity to not get confused. Aren't we on 44 now? Commissioner Gonzalez: No, we were on 43 Nuisance and Abatement. Chairman Winton: Oh, I'm sorry, I left -- Commissioner Regalado: Move to 44. 253 May 8, 2003 Chairman Winton: (INAUDIBLE) the next agenda Item, sorry. What did you tell me Commissioner Gonzalez? Commissioner Gonzalez: I deferred my appointment -- Chairman Winton: OK. Commissioner Gonzalez: -- on the Nuisance Abatement. Chairman Winton: Great, so, now we can go to agenda Item 44. Commissioner Gonzalez: That's right. Priscilla A. Thompson (City Clerk): Once again, Commissioners -- Chairman Winton: Yes, ma'am. Ms. Thompson: We have Robert or Bob Rodriguez has served eight consecutive years and so has Mr. Dwayne Wynn. Commissioner Sanchez: I'd like to make an appointment. Vice Chairman Teele: What does that mean? Commissioner Sanchez: He can't serve anymore. Ms. Thompson: That they can't be reappointed again. They'd have to go off the board at least for one term or one year and they can be reappointed, if they served eight consecutive years. Commissioner Sanchez: He's termed out. Commissioner Gonzalez: Mr. City Attorney, Mr. Chairman I'm sorry. Chairman Winton: Yes, sir. Commissioner Gonzalez: Mr. City Attorney, is there a way that we can amend these -- is this a resolution where people on the board can only serve eight years? Alejandro Vilarello (City Attorney): The term limits are a provision and ordinance that was adopted by the City Commission, so the City Commission can change that. Commissioner Gonzalez: That can be amended, because let me tell you there some people and I've been watching different board meetings and there are some people that are very dedicated and they come to every meeting and they serve and it's a shame that we remove these people 254 May 8, 2003 from the board when they probably you going to be appointing someone that won't be that committed and then you will have the problem of not having quorum, so I don't know, I -- Mr. Vilarello: The ordinance can be amended to remove that provision or provide for the City Commission to waive it with a four-fifths vote, like you do some of the residency requirements. Commissioner Gonzalez: OK, if that is the case -- Mr. Vilarello: I can prepare an amendment to the ordinance you can do that for your next meeting. Commissioner Gonzalez: If that is -- OK, could you prepare an ordinance for the next meeting so I can present it and see if I have the same response from my colleagues on the Commission. Chairman Winton: So, we're on 44? Commissioner Sanchez: Well, I'm prepared to second that we present a motion to, you know, bring back that ordinance, and amend it so we do away with the term limits. Chairman Winton: Well, why don't we just defer all these for this -- if we're going to amend all this jazz and then we'll just have to do it over again next go round. Do we have thoughts from the rest of the Commission or you all -- Commissioner Sanchez: I'll tell you what, I'm prepared to make a motion that we defer all the -- Commissioner Gonzalez: All the appointments -- Commissioner Sanchez: All the appointments till the next Commission -- 46. APPOINT ANTONIO LLANO MONTES, JACK KING AND ERNIE MARTIN AS MEMBERS OF WATERFRONT ADVISORY BOARD. Commissioner Regalado: But, but I do need to make an appointment for the Water Advisory Board one of the members died. Waterfront Advisory Board, Antonio Llano Montes and Jack King. Chairman Winton: We have a motion. Need a second. Commissioner Gonzalez: Second. Chairman Winton: Motion, second. Discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. Motion carries. 255 May 8, 2003 The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 03-486 A MOTION APPOINTING ANTONIO LLANO MONTES AND JACK KING AS MEMBERS OF THE WATERFRONT ADVISORY BOARD. 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: And I'll just move the appointment of Ernie Martin to the -- is he on the water? Is it on the Waterfront and Ernie Martin I'll just move that. Commissioner Regalado: Second. Chairman Winton: We have a motion and a second. Discussion? Being none, all in favor, LL " aye. The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. Motion carries. The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-487 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS REGULAR MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. 256 May 8, 2003 Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 47. APPOINT DAVID COLLINS AS MEMBER OF COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE. DEFER APPOINTMENTS TO: INTERNATIONAL TRADE BOARD; ARTS AND ENTERTAINMENT COUNCIL; SISTER CITIES COORDINATION COUNCIL; MIAMI AUDIT ADVISORY COMMITTEE; AND MIAMI STREET CODESIGNATION COMMITTEE. Commissioner Sanchez: Let's go. Chairman Winton: OK, sorry. I'm told that we need one more appointment to get a quorum on another board and so -- Vice Chairman Teele: Which board? Chairman Winton: David Collins for Coconut Grove Special Events and Marketing. Would you make the -- Commissioner Gonzalez: So move appointment of David Collins. Chairman Winton: Thank you, and need a second. Commissioner Sanchez: Second. Chairman Winton: Motion, second. Discussion? Yes, sir. Commissioner Regalado: I, the City Attorney, wrote an ordinance that we need to discuss amending the quorum for the Coconut Grove because yesterday we couldn't vote and the thing is that everybody was there, but since they're missing appointments, we couldn't vote. Vice Chairman Teele: Let's carry this one -- Chairman Winton: Yes. 257 May 8, 2003 Vice Chairman Teele: We've got a motion and a second. Chairman Winton: A motion and a second. Discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. Motion carries. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-488 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE FOR TERMS AS DESIGNATED HEREIN. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Vice Chairman Teele: And then do you have an ordinance, emergency ordinance to change the appointment Mr. Chairman? Commissioner Regalado: Yeah I do. Vice Chairman Teele: Mr. Attorney? Commissioner Regalado: I have it, but I can do it as a pocket Item and -- Chairman Winton: In the next meeting? Commissioner Regalado: No, no in this meeting when I do the Coconut Grove thing. Chairman Winton: OK, great. OK, we have a motion to defer the rest of the -- 258 May 8, 2003 Commissioner Gonzalez: Move the deferment of the other appointments. Chairman Winton: Thank you. Motion, second. Discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. Motion carries. The following motion was introduced by Commissioner Gonzalez, who moved for its adoption: MOTION NO. 03-489 A MOTION TO DEFER CONSIDERATION OF APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE FOLLOWING BOARDS: • THE INTERNATIONAL TRADE BOARD; • THE CITY OF MIAMI ARTS AND ENTERTAINMENT COUNCIL; • THE SISTER CITIES COORDINATION COUNCIL; • THE MIAMI AUDIT ADVISORY COMMITTEE; AND • THE MIAMI STREET CODESIGNATION COMMITTEE. 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. 48. SUPPORT LATIN ACADEMY OF RECORDING ARTS AND SCIENCES PRESENTATION OF LATIN GRAMMY AWARDS TO BE HELD IN CITY ON SEPTEMBER 3, 2003, PROVIDING THAT CITY DOES NOT EXPEND ANY FUNDS TO ATTRACT, ENDORSE, SUPPORT OR PROVIDE INCENTIVES IN SUPPORT OF LATIN GRAMMY AWARDS, WITH EXCEPTION OF SERVICES PROVIDED BY DEPARTMENTS OF POLICE AND FIRE -RESCUE. Chairman Winton: Now we can go to -- Commissioner Regalado: Mr. Chairman. Chairman Winton: We going to the -- yes, sir. 259 May 8, 2003 Commissioner Regalado: Would it be possible for me to do one of my blue pages because I have Chairman Winton: Sure. Commissioner Regalado: -- some people here that have been waiting for -- OK, thank you. This is a follow up of a resolution that was approved by the City Commission on April 10th and it has to do with the Latin Grammy Awards and it reads a resolution of the Miami City Commission supporting the Latin Academy of Recording Arts and a Science presentation of the Latin Grammy Awards to be held in the City of Miami on September 3, 2003, provided that the City shall not expend any funds to attract, endorse, support or provide incentive in support of the Latin Grammy Awards except those funds which may be necessary to provide Police and Fire services as required by law. Directing the City Clerk to immediately transmit and certify copy of this resolution to the Latin Academy of Recording Arts and Science. Now, this resolution is just a follow up to the first one -- Chairman Winton: Commissioner Regalado, may I interrupt you for a minute? Do we all have a copy of that resolution? Do we all have a copy of it? Commissioner Gonzalez: I just got a copy of it. Chairman Winton: Oh, you did? Did I get a copy? Commissioner Regalado: I should have given you a copy but -- Chairman Winton: Well, I could have one here but I -- I'm not organized today. Thank you, OK, go ahead please. Commissioner Regalado: Anyway, this is a follow up to the April 10th resolution approved by the Commission you weren't here at that time, Mr. Chairman, and what I does is that the City welcomes this event. However, will not spend funds except those as required by law to protect the freedom and the rights of the people that want to go into the event and to protect protesting factors of the community in case that there is a need to and by the way, I need to mention that I worked yesterday with Mayor Diaz on this and he will sign this resolution as soon and if it's approved by the Commission. We also have here, Mr. Chairman, Lida Rodriguez from American Civil Liberties Union and I think that we should hear what she has to say because it's important that not only ACLU (American Civil Liberties Union) it's involved in discussion the role of the City but as in the past it's important that we have the support of the ACLU to defend the right of the people who want to exercise their first amendment, so if you would allow as Lida to comment on this resolution -- Chairman Winton: Before we go there, could I hear -- you're right I wasn't here at the last Commission meeting so, I've only heard third hand what the rationale behind this, and I'd like to hear directly from you so, that I don't say anything that's in reaction to something that you didn't say. 260 May 8, 2003 Commissioner Regalado: No, the rationale is that in the past six weeks there have been a wave of oppression in Cuba, 75 peaceful opposition leaders were sentenced to 1400 years in prison plus three young black Cubans were shot in the firing squad for attempting to hijack a boat. As a result of that, all the Cuban singers, musicians were asked to sign a letter supporting the severe measures taken by the Cuban government to abort as they say a conspiracy by the United States and that includes the killing. Among those signing the letter were three of the musicians that were awarded Grammy's in Los Angeles last year and the year before one of them Chuchu (phonetic) Valdez, two time Latin Grammy winner, so that is the rationale. The rationale is that Cuba has compromised its independence in terms of separating arts and culture from politics, and those people that are supporting the killings are the same ones that were awarded the Latin Grammys and could be the same ones that will be nominated to come to Miami if that is the case. In fact, the entries are already at the academy and some entries from Cuba have arrived so, it's just a matter of waiting and I thought that it would have been unfair to do this in August or late July. It's important that the Latin Grammys understand the will and they did wrote a letter by the way, and in the letter they say that they're staying although they understand what is going on, they're staying in Miami so, they're not going to go away because of this. That's the rationale behind the first one and the second one. Chairman Winton: I guess that Commissioner Regalado, my -- I understand everything that you said and I don't think that anybody certainly not up here and maybe darn few people in Miami that don't absolutely despise Fidel Castro or stronger and that includes me and you know it's clear that he's an awful, awful guy but I worry about this action in a different respect. It seems to me that this action has the potential to thrill Fidel Castro to death because what happens here is if we manage to not bring -- and I understand you've go that letter now, which I didn't know before, but lots of things can happen and what I worry is that if we were to run off the Latin Grammys, there's a lot of people here that are taxi drivers and florists and little manufacturers of things that are going to go on the center pieces on tables, the bellmen at the hotel, the cleaning ladies, you know, the restaurant workers, there's an awful lot of entry level kind of folks that are black, Cuban American, Hispanic of other nationality in this community that Castro would be thrilled to see not get that extra paycheck, if he can do things to disrupt our economy, and I don't have -- I cannot see this and I will admit that readily -- I can not see this through your eyes. I have never been run out of my county, had to leave my county, had to leave my home, had to leave everything behind. I've watched movies of similar things in countries and it touches me greatly but I can't live in your shoes -- Commissioner Regalado: Mr. Chairman. Chairman Winton: I can see kind of this flip side and see this issue maybe from a little different perspective and that's the reason why I worry if this action really is an action that benefits him as opposed to being an action that gets back at him some way. I would always support any action that I thought could smack the whatever out of that guy, but I just don't see this kind of action doing that. Commissioner Regalado: Well, I would refer back to your words when we were discussion the Little Haiti project. I mean, the park has to be done and some people will suffer and this is the right thing to do and it's the right thing to do because the only response that a community that is 261 May 8, 2003 a majority in the City can have to what is going on in Cuba and mind you, had not been for the killings of this three young black men or imprisonment of this peaceful demonstration, it would have been more difficult to do something like this because people will say, here we go again. I mean, you know 43 years Castro is there, but the world has responded and for those who say that we shouldn't mix politics with the art, then we got to tell Fidel about it because you know, you have this Grammy winners doing what is the worst thing a human being can do which is support the killing of another human being, in writing, with the signature and the City needs to respond and it needs to respond because at least the people who feel this way will see that their City, the City that they pay taxes is doing something to respond and to punish that regime who do not respect not only human rights, but the dignity of the singers and the musicians, so I understand what you're saying. The people from the Latin Grammys knew that this is a very volatile city. According to their letter, they're thrilled to be here even though they know that the City is doing what it's doing, so to me something that I think the City should do to send a message. We do not deal in foreign policy however, the City of San Francisco, one of the most liberal in the United States, passed four resolutions of the City council condemning the bombings and the war in Iraq, and you would say, "well, what is this City of San Francisco have to do with the war in Iraq?" Because they were responding to their community. The biggest march against the war in Iraq was in San Francisco. Broward County has just passed a resolution asking the Federal Government not to go ahead with the freedom act because the ACLU went there to Broward and lobbied the County Commission -- Chairman Winton: I'm not arguing the point over whether or not we should have this discussion because it yields to some form of policy here. I'm just questioning how is this any (INAUDIBLE) . I'm just questioning how this has any negative impact on him at all. I think the negative impact is potentially on us and the community that could benefit from it. I don't think this -- I think this is the kind of thing that plays into his hands and makes him thrilled not to -- Commissioner Regalado: Well, since I don't talk to Fidel, I can not answer that. I can not ask him that -- Chairman Winton: I guess I don't either. Commissioner Regalado: Neither do you so, you know, I just -- I don't know, I -- Chairman Winton: OK, I understand you made your point. Commissioner Regalado: This is my issue and I move it. Commissioner Sanchez: You need a second. Commissioner Gonzalez: Motion -- Commissioner Regalado: Motion to approve that resolution that I just said. Commissioner Gonzalez: I second the resolution and as a City Commissioner that we have to respond to the entire City of Miami and all the residents of the City of Miami I really had to 262 May 8, 2003 thought a lot about this, but because I know the impact that this event I going to bring to the City of Miami as far as revenues and as far as job opportunities and all of that but principle is something that we can not turn our back to and as a Cuban American and as Commissioner Winton said, he didn't had to go through the things that we had to go through some 40 years ago where some of us even have people that were executed by this regime that still governs in Cuba, so I definitely have to support this resolution and I also hope that if the Grammys doesn't listen to us and they decide to invite these Cuban Ambassadors of communism because that's what these artists are, Cuban Ambassadors of communism, that we make sure that our Cuban Americans in the City of Miami be allowed the opportunity to properly demonstrate against this act and that they have the appropriate protection, of course, while they're conducting their protest in civilized matter, so yes, Commissioner Regalado, I support you too much. Commissioner Sanchez: Mr. Chairman, the resolution that's in front of us today here is completely different as to years ago when the Latin Grammys came or planning to come to Miami. This one basically although it does not provide for any funding, no general funds to be provided for attracting, endorsing, supporting, et cetera, it does provide for Police, Fire, support service which are required by law. You know, I agree that Cuba is among the worst human rights violators in the world, and I'm hoping and crossing my fingers that the Grammy folks don't nominate an award winner who resides in the island. That is one thing that can happen. Maybe out of whatever reason they don't get nominated. The other issue is that because the things that have happened in Cuba that we all condone, the constant violation of human rights, the execution of three young men that were only seeking freedom. You know, those things we don't condone. The U.N. (United Nations) does not condone and the other thing is that the relation between both countries, the state department may not issue visas -- Commissioner Gonzalez: -- Right. Commissioner Sanchez: -- to these individuals, so by putting this resolution out, you know, I'm a little reserved, that it might hamper the Grammys and let's -- we all agree that the Grammys are an international showcase that we'd can all be proud of hosting here in the City, showcase the City throughout the world and really focusing on what we're all focusing on creating the City an international City. Now, we all know that freedom is a two-way street. However, freedom isn't a word that you can find in Cuba, and you know we have the right to one, protect the people that go out and protest, and we have the right to protect the people that go out to see the show, so this resolution, why I'm supporting it, is because it has here that we will protect everyone. Those that want to go see the show and those that want to protest, so you know, we want to make it very clear that we condemn the actions of the Cuban government. We condemn their actions for violating human rights, but you know this, event is very important. We have labored here very hard to try and bring in the free trade secretariat to the America, and we're constantly focusing and working very hard to bring international conventions and all kinds of things and I think this resolution, which is really a watered down version of two years ago, but still it sets out a clear message that one, we condemn the Cuban government and both we're willing to protect those that are willing to go see this event in a free county. Vice Chairman Teele: Mr. Chairman. 263 May 8, 2003 Commissioner Sanchez: Thank you. Chairman Winton: Commissioner Teele. Vice Chairman Teele: Mr. Chairman, when I read this resolution, my reaction is the same as yours. I think that we have in the past and we may be continuing to unwittingly play in the hand of the terrible dictator and tyrant. I think every chance we get, we should try to show the world and especially Cubans who come to this country for whatever reason that America really is a land of hope and opportunity and this is the place that they really should want to be and associate themselves with. My fear has always been that there are people who would have otherwise come to this country for a baseball game or musical performance and saw or made a connection and left, which is the greatest embarrassment that could be paid to Fidel Castro would be if three or four people come to Miami and defect while they're here. I don't think there's going to be a lot of debate about that, but we unwittingly play into the hands by, in my opinion, of branding anyone who comes here in such a way that they couldn't possibly think about defecting in Miami. If they're going to defect, they're going to go to Atlanta to defect or (UNINTELLIGIBLE). Now, if someone said, can we surround the table and have a mint julep -- that's a bad analogy. That's an Atlanta drink, but could we sit around the table and have a Bacardi and talk about it. That would be my reaction, but I got to tell you, I don't see this through the eyes of Cuban Americans who feel this pain everyday and I have to subordinate my reactions and my intellectual thoughts to the emotional bonds of the people that I respect, and yes I deeply respect the maker of this motion and I have to support it and I will say here and on the record, that I look when it comes to issues relating to the Cuban community, I first say how do I feel about it and then I listen to the Cuban Americans that I'm privileged to serve with and try to gain and draw and support those valid points that are being made and clearly this resolution is not just something that I'm going to support, but I want to commend Commissioner Regalado because number one, this is not a last minute political gimmick. In the past much more so than the subject matter, it's been the last minute, a week before, two weeks before, everybody starts rolling out and trying to get their name in the paper or TV (television) or whatever and so, it's clear to me that Tomas, Commissioner Regalado has given this thought. It's being balanced and its being measured in such a way that everybody's on notice. Secondly, and this is probably the only part where I could wind up one day not supporting something that Commissioner Regalado would do in this area. We got to be very careful that we don't ever condition government support or government courtesies to art, to free speech, et cetera. If this resolution said that if someone wins an award, then X, Y, Z is going to flow, we would be no different from Castro, or a dictatorship, I should say, because the winner wins, whoever the winner is, whatever the winner is. I mean, it would not -- Michelangelo's art, be just as important if he had served under a dictator. Perhaps he did, at some point, but the fact of the matter is we should not ever try to substitute and make political art and culture and music, because that is a slippery slope. Commissioner Sanchez: Here, here. Vice Chairman Teele: You agree, that's a slippery, slippery slope that I got to tell you it makes us, them, and we're no different from him when we start saying our art, because it came from America, is better than art that came from Poland or Ku Klux Klan Bill or wherever it comes from. I just feel very strongly about that, so I raise my voice to complement Commissioner 264 May 8, 2003 Regalado for trying to at least weaving through a timeline that's so important. I want to associate myself with the remarks of Commissioner Sanchez is that the Latin Grammys is very important to the growth and the maturity of this community. We need it and candidly, you know, Tomas if I had put up a resolution that says we're going to pay, I won't do it now, but if I had said we going to put a $20,000 down payment on anyone who defects, I can't do it now under this -- Commissioner Regalado: Well, probably the Coast Guard won't let you, but they're going to come in anyway. Vice Chairman Teele: -- but the point is this -- Commissioner Regalado: They going to swim. Vice Chairman Teele: I really think we ought to pass this. We ought to recognize the right of everyone to demonstrate for this, and against this, and we really ought to work to try to move away from this issue and let the music festival take place and candidly I would hope, Tomas, under your leadership, that we could invite the organizers to maybe some activity long before this comes and engage them and have discussions with them because I think we get nowhere by talking across the dais at one another. We really need to I think mature and show the Latin Grammy people we have our point of view. We're representing a legitimate point of view, but we want you to be here so, I commend you and thank you for giving us the opportunity to do this in a dignified manner and a thoughtful manner and not a last minute rush. Chairman Winton: OK -- Commissioner Sanchez: Call the question. Chairman Winton: Two last points. One is that I asked a question about how this punished Fidel. Y'all gave me answers about why this -- and I just have to tell you, from where I'm sitting, y'all didn't convince me of anything. In here I'm not convinced. I'm going to support this, because of you guys, but you didn't sell me. I mean I still believe that we're playing into his hands, not -- Commissioner Regalado: No, Johnny, it's the -- Chairman Winton: -- hold it, there isn't any reason anymore -- Commissioner Regalado: -- no, but let me try -- Chairman Winton: -- we can talk about this -- Commissioner Regalado: -- try to, try to the last time. 1976, hundreds of U.S. athletes start working out for the 1980 Olympics in Moscow. December of 1979, the Soviet Union invades Afghanistan and Jimmy Carter, who was inaugurated, the person that made a mark for defending human rights in this country, as president, decides to cancel participation of U.S. in the Moscow 265 May 8, 2003 Olympics. He did punish them American athletes. He did punish the United States because we weren't able to see our athletes compete in the 1980 Olympics, but he did send a message and this is what we're doing, sending a message. Chairman Winton: Why didn't we pass a resolution, though, in vigorous condemnation of Fidel Castro's action? I mean, why isn't that the message? Commissioner Regalado: We did that. It was included on the first one. Chairman Winton: Alright. Commissioner Regalado: But I mean, you know, if you want to I'll do it. Chairman Winton: So, we got a motion and a second. The question has been called. Commissioner Regalado: Why don't you let Lida from the ACLU say something. Chairman Winton: It depends on how long she's going to talk. Commissioner Regalado: She'll be quick. Chairman Winton: Alright. Lida Rodriguez-Tassef: I'll be very quick, Commissioners. Lida Rodriguez-Tassef, president of the Greater Miami Chapter of the ACLU, 200 South Biscayne Boulevard Miami, Florida. Against the backdrop of oppression and death in Cuba, this Commission and this community is demonstrating a stark contrast that it can think intelligently, lovingly, caringly and respectfully of the first amendment rights, not only of the people who want to protest this event, but also of the people who want to attend. It is up to you, Commissioners, and I wouldn't dare to tell you want to do with your general funds. It is up to you to choose how to spend that money and I'm not here to comment on the wisdom or not of choosing to spend it one way or another. However, the clear language of this resolution appears to erect no barriers to the coming of the Latin Grammys to Miami. The first amendment rights of protesters and you are all -- if there's one thing that you're all unanimous on is that the first amendment rights of protesters will be protected, as will the first amendment rights of the Grammy people to come to Miami and bring their event and of those who wish to attend and that is the concern of the ACLU and the commitment in growth and maturity and respect that this Commission is showing to that issue is impressive and commendable and we thank you for it and the choice of how to use your general funds is clearly what is being debated here in an incredibly intelligent and mature and committed way, but the message is clear. We in Miami, Florida, we, in the United States, protect freedom of expression, protect the rights of people to protest, who wish to attend and we protect most of all the precious nature of the first amendment. Thank you. Chairman Winton: Thank you, OK. Commissioner Sanchez: Thank you. Alright. 266 May 8, 2003 Chairman Winton: Got a motion and a second. Further discussion? Being none, all in favor, aye. The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. Motion carries. The following resolution was introduced by Commissioner Regalado, who moved for its adoption: RESOLUTION NO. 03-490 A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING THE LATIN ACADEMY OF RECORDING ARTS AND SCIENCES PRESENTATION OF THE LATIN GRAMMY AWARDS TO BE HELD IN THE CITY OF MIAMI ON SEPTEMBER 3, 2003, PROVIDING THAT THE CITY DOES NOT EXPEND ANY FUNDS TO ATTRACT, ENDORSE, SUPPORT OR PROVIDE INCENTIVES IN SUPPORT OF THE LATIN GRAMMY AWARDS. WITH THE EXCEPTION OF SERVICES PROVIDED BY THE DEPARTMENTS OF POLICE AND FIRE -RESCUE AS REQUIRED BY APPLICABLE LAW; DIRECTING THE CITY CLERK TO IMMEDIATELY TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE LATIN ACADEMY OF RECORDING ARTS AND SCIENCES AND COPIES TO MIAMI-DADE COUNTY MAYOR ALEX PENELAS AND CHAIRPERSON OF THE MIAMI-DADE BOARD OF COUNTY COMMISSIONERS COMMISSIONER DR. BARBARA CAREY-SHULER. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Commissioner Regalado: Mr. Chairman. Chairman Winton: Yes. 267 May 8, 2003 Commissioner Regalado: Can I ask the City Clerk to send not only a copy to the Latin American Recording Art and Association but to the Chairperson of the Miami -Dade County Commission, Dr. Barbara Carey and Mayor Alex Penelas. Thank you. 49. AUTHORIZE EXPENDITURE OF $193,000 TO UNDERWRITE 2003 "HEARTS OF OUR PARKS" CULTURAL AND RECREATIONAL SERIES THROUGH PARKS & RECREATION DEPARTMENT; ALLOCATE FUNDS FROM DEPARTMENTAL IMPROVEMENT INITIATIVE; DIRECT MANAGER TO ENTER INTO NEGOTIATIONS WITH DADE COMMUNITY FOUNDATION (DCF) REGARDING ESTABLISHMENT OF DONOR -ADVISED ENDOWMENT FUND AND DONOR -ADVISED OPERATING FUND. Chairman Winton: OK, next Item. I'm going to jump here to the Mayor's blue page for a second. Barbara's been in the audience for a long, long time and would love to make a presentation so -- oh, we have the Mayor. I didn't -- well, see I can't, I'm at these cockeyed direction because my leg hurts, so I can't see everywhere. Mr. Mayor, you are recognized, sir. Mayor Manuel A. Diaz: Mr. Chairman ,you look terrible. Chairman Winton: I look terrible? Is that what you said? Yeah, well, I don't feel so good either. Mayor Diaz: You look tired. I have a couple of items before I start since I'm only up here to speak about mundane issues. Just wanted to show you this is this was an opening tonight of a project called Park Lofts. It's 71 lofts on 35 Northeast 17th Street, right behind the Performing Arts Center another great project. A couple of the Commissioners and I were at the first luxury condominium development in West Little Havana last night on 22nd Avenue and Flagler. Just another outstanding project by an Argentinean development company that's been in business for 75 years and built over 300 buildings in Argentina. I just point that out because -- Commissioner Sanchez: If you could just spread the good news. First day, they sold 57 units. Chairman Winton: No. Mayor Diaz: And last night they sold 8 during the opening of the sales center. Commissioner Sanchez: First day, 57 units. Chairman Winton: Is our City on fire, or what, and that's a positive fire. Mayor Diaz: So, I have two items. One is a request for you to approve the authorization of the expenditure of $193,000 which in or departmental improvement initiative a project account. This as you know, is something that I've been talking about for some time which deals with developing, programming in our parks, and speaking of parks by the way, as long as we're here, I don't think he's been formally introduced, but our new Parks Director is here, Santiago Corrada. I'd like him to say hello so you all get to meet him. 268 May 8, 2003 Commissioner Sanchez: He is standing. Chairman Winton: So, there, that's what they do to me all the time too. I usually stand up in a chair, they still think I'm sitting down. Mayor Diaz: This program is important not just because it starts to provide activities in the parks but also particularly during the summer, when we're going to need a lot of activities in our parks based on what's happening with our school system. It's a multifaceted approach which includes programs dealing with cultural dance, workshops, band camps and arts program and photography, graphic arts, sculpture and others. The program is going to take part in parks like (UNINTELLIGIBLE) Coral Gate, Robert King High, Morningside and Reeves, Clemente, Gibson, Kinlock, Legion, Range, Shenandoah, Citrus. We're also working with the Police Athletic League and we're going to have concerts part of our parks have summer concert series in parks in Allapattah, Model City, Coral Way, Little Havana, Overtown, Wynwood and Little Haiti. Vice Chairman Teele: Where are you going to have it in Little Haiti, Mr. Mayor? What park are you going to have it at in Little Haiti. Mayor Diaz: Range Park in Little Haiti. Michelle Spence: We're going to do it in Range. Vice Chairman Teele: That is not in Little Haiti, ma'am. Mayor Diaz: We'll correct that. Vice Chairman Teele: But see, Mr. Mayor, let me tell you. It's a trick question really, because the answer is you can't have one in Little Haiti because this is not a park in Little Haiti, and I fully support what you're doing, but I want to continue to underscore that when we say we're going to have a summer feeding program like we did last meeting, it's done through the parks, which means Little Haiti is not going to have a summer feeding program. When we say we're going to have a Mayor's parks initiative, which I fully support, it means we're not going to do it, and I want to just publicly acknowledge to you, Mr. Mayor, that the Manager -- that the City Administrator today I think, you know, listened to a withering attack and complaints on both side but he said publicly on the record that we got to build a park in Little Haiti and I want to commend the Manager and commend you, but I also want to say when we are doing things in these communities, we have to look at the communities that don't have what everybody else has and we got to figure out a way to give them something special to compensate for that, and I'm going to fully support it and be happy to make the motion but the question was a trick question, because the Athalie Range Park, which came up earlier today, culturally is as different as Edgewater is from Little Havana. Mayor Diaz: You're absolutely right and as a lawyer, I realized that as I was reading it. Chairman Winton: Alright -- 269 May 8, 2003 Commissioner Gonzalez: We had a motion, I'll second the motion. Vice Chairman Teele: I so move. Chairman Winton: Well, motion and second. Further discussion? Being none, all in favor, aye. The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. Motion carries. The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-491 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE EXPENDITURE OF $193,000 TO UNDERWRITE THE "HEARTS OF OUR PARKS" CULTURAL AND RECREATIONAL PROGRAMMING SERIES FOR THE SUMMER OF 2003, MANAGED BY THE DEPARTMENT OF PARKS AND RECREATION; ALLOCATING FUNDS FROM PROJECT ACCOUNT NO. 119002, ENTITLED "DEPARTMENTAL IMPROVEMENT INITIATIVE;" AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT, WITH THE DADE COMMUNITY FOUNDATION FOR THE ESTABLISHMENT OF A DONOR -ADVISED ENDOWMENT FUND AND A DONOR -ADVISED OPERATING FUND; FURTHER DIRECTING THE CITY MANAGER TO PRESENT THE AGREEMENT TO THE CITY COMMISSION FOR CONSIDERATION WITHIN 60 DAYS. 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 270 May 8, 2003 50. AUTHORIZE $30,000 GRANT FOR PURPOSES OF MARKETING MISS BLACK USA PAGEANT, TO BE HELD ON AUGUST 23, 2003, AT RENAISSANCE MIAMI BISCAYNE BAY HOTEL; ALLOCATE FUNDS FROM SPECIAL EVENTS ACCOUNT. Mayor Manuel A. Diaz: The second request is a request for $30,000 from our special revenue account. We have been selected this year to hold the Miss Black U.S.A. pageant in Miami. It is something that is going to be televised nationally and something that we encourage greatly. Barbara Howard is here who really spearheaded this effort to bring this prestigious event to Miami and I would ask your support on it. Chairman Winton: Can I be a judge? Commissioner Gonzalez: Move the item. Chairman Winton: I asked if I could be a judge. Commissioner Sanchez: Second. Mayor Diaz: No, I already got the judge's part. Put that in the resolution. Chairman Winton: Yeah, we have a motion and a second. Discussion? Being none, all in favor, LL " aye. The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. Motion carries. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-492 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING A GRANT, IN THE AMOUNT OF $30,000 FOR PURPOSES OF MARKETING THE MISS BLACK USA PAGEANT, ORGANIZED BY THE MISS BLACK USA ORGANIZATION, INC., TO BE HELD ON AUGUST 23, 2003, AT THE RENAISSANCE MIAMI BISCAYNE BAY HOTEL, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, REQUIRED FOR THE GRANT; AND ALLOCATING FUNDS FROM ACCOUNT CODE NO. 001000921054.289, ENTITLED "SPECIAL EVENTS" FOR SAID PURPOSE. 271 May 8, 2003 Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado Mayor Diaz: Thank you very much. That's all I have, Mr. Chairman. Chairman Winton: Thank you. 51. WITHDRAW CONSIDERATION OF PROPOSED ORDINANCE AMENDING SECTION 14-282 OF CITY CODE ENTITLED "DOWNTOWN DEVELOPMENT, SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT DISTRICT AND COMMUNITY REDEVELOPMENT AGENCY, SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, GOVERNING BODY AS THE BOARD OF DIRECTORS," AND ALL RESOLUTIONS RELATED TO ESTABLISHMENT OF OMNI REDEVELOPMENT AGENCY TO PROVIDE FOR APPOINTMENT OF BOARD OF COMMISSIONERS TO OVERSEE SOUTHEAST OVERTOWN/PARK WEST AND OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCIES ("CRAs"). Chairman Winton: Blue pages, Commissioner Sanchez. Commissioner Sanchez: OK. Chairman Winton: More heavy stuff, oh, my goodness. Commissioner Sanchez: I'm just getting organized here. Chairman Winton: Rotating Chairmanships. Commissioner Sanchez: OK, thank you. Yes, Mr. Chairman, I would like to defer B. Vice Chairman Teele: Second. Commissioner Sanchez: Better yet, withdraw it. Vice Chairman Teele: Second. Chairman Winton: Hold on, I'm sorry. 272 May 8, 2003 Vice Chairman Teele: Motion withdraw B. Chairman Winton: Motion to withdraw B? Commissioner Gonzalez: Right. Chairman Winton: We got a motion and a second. Discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. Motion carries. The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 03-493 A MOTION TO WITHDRAW CONSIDERATION OF PROPOSED ORDINANCE ON FIRST READING AMENDING CHAPTER 14, ARTICLE V, DIVISION 2, SECTION 14-282, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "DOWNTOWN DEVELOPMENT, SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT DISTRICT AND COMMUNITY REDEVELOPMENT AGENCY, SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, GOVERNING BODY AS THE BOARD OF DIRECTORS," AND ALL RESOLUTIONS RELATED TO THE ESTABLISHMENT OF THE OMNI REDEVELOPMENT AGENCY TO PROVIDE FOR THE APPOINTMENT OF A BOARD OF COMMISSIONERS TO OVERSEE THE SOUTHEAST OVERTOWN/PARK WEST AND OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCIES ("CRAs") INSTEAD OF THE GOVERNING BODY OF THE CITY OF MIAMI SERVING AS THE CRAB' BOARD OF DIRECTORS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Upon being seconded by Vice Chairman Teele, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 273 May 8, 2003 52. DIRECT CITY ATTORNEY TO DRAFT LEGISLATION FOR RECONSTITUTED CRA BOARD WHICH WOULD PROVIDE THAT COMMISSION WILL REMAIN AS GOVERNING BOARD AND WHICH WOULD INCLUDE ALTERNATIVE PROVISION WHICH PROVIDES FOR NON -ELECTED OFFICIALS TO BE CRA BOARD OF DIRECTORS. Commissioner Sanchez: Mr. Chairman, on the rotating chairmen, let me just say that it's an idea that I have floated before the Commission and I think that with the leadership that we have up here and the different expertise that we have when we get nominated or appointed to a board, whether it may be the DDA (Downtown Development Authority) or it may be Bayfront Park or any other boards, consistent with the government and the City of Miami, I think that what we want to do here is -- and really every couple of years we come up and we really have to nominate ourselves to get appointed again, I think that what we want to focus on is to make sure that no Commissioner becomes -- board becomes the personal domain of any Commissioner and I think that in many ways, it would improve all these boards, because one, you'll have new fresh ideas. You will have expertise or different expertise that can help these boards, and really when you look at all these boards, and I'll speak form Bayfront Park because I've been the Chairman for Bayfront Park now for four years. You know, I, we brought changes to Bayfront Park. We hired an Executive Director who has done a tremendous job. It's got one of the best boards in the City of Miami. We've been able to turn it around today. It's a very efficient board that has been able to attract you know the Grand Prix of the Americas. You're talking about Cirque D' Soleil. You're talking about the Christmas Village, Halloween Horror Village, whatever, so one of the things that I wanted to put out on the table for discussion here is that you now I think it would be a great idea for Commissioners to rotate Chairman positions throughout the City of Miami boards. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: I don't have an philosophical objection to the notion of rotation chairs of some boards. Let me hasten to quickly say that if you take a board -- first of all, let's take the CRA (Community Redevelopment Authority) and the DDA; 80 percent of the CRA is not in my District even though every time Community Development gets ready to say where the money went they said District 5. It's not, you know, 80 percent, none of the Omni is in the District that I represent and I don't think there is anyone who will say that I have given the Omni a short shrift in terms of the commitment to do whatever is necessary to be done in the Omni, and the same thing is true of Park West. I am keenly aware of the audit issues and the discussions that I think have been in many ways mischaracterized but nevertheless they've been characterized and the ensuing internal management audit and I would like to say that I would like to offer my resignation from the CRA 30 days after the completion of the internal Manager, internal auditor's audit, but I think the one thing that is needed and I met with the staff two or three times and it's sort of like the meeting that I've had on the Little Haiti Park, is information must flow and must be explained. I mean, you know, the last thing I'm interested in doing once you start an audit is to turn it over to somebody who then tries to just make an issue out of nothing. You 274 May 8, 2003 can't have it both ways, and I'll be subjected and I will proffer a motion that 30 days after the internal Manager's audit, I will resign from the CRA, be happy to do that here or in the appropriate manner in which the Director, in which the City Attorney has said, because I do think Commissioner Sanchez's point is right. When someone serves so long, whether you're responsible or not, people imply the responsibility. I think if you talk to for example Frank Rollason to Annette Lewis and to Dipak, all three of them will tell you I've never been to one staff meeting. The only staff meeting I've ever been to at the CRA was on the 9th Street Mall project and it involved water and sewer and Florida Power and Light giving everybody a hard time. I've never seen a budget document or asked for one over there and I'm not about, just like I don't go manage the City budget office or the City finance office. I'm not about to even get into that because that's not my pay grade but this is the point. There's some things like the DDA, which I think is extremely unfair to ask a Commissioner who is responsible solely and totally for the downtown area. I didn't draw the lines. I think I heard us patting ourselves on the back today about the boundaries. You know the most unfair thing about the boundary was something that was done -- we're going to always -- the City's going to be stuck with for the next 20 years, and that is 50 percent of the ad valorem property values are in one district even after the redistricting, Commissioner Winton. You know, we haven't really scratched the surface. You know these boundaries should have been drawn east and west or some way. I mean, only one commissioner has any bayfront representation. How it happened, why it happened is neither here nor there, but the fact of the matter is that you take something like a DDA -- and I just have to tell you that I think the Commissioner that represents the DDA is responsible and I think it's part and parcel to the job and the responsibility, so I'm willing to -- I think we should have a workshop, a discussion. There's always been a vote. I mean, and for someone to mischaracterize the fact that no one can serve as chairman without and affirmative vote is totally I think, it's not factually correct. We have always had the potential to rotate any chairperson or any person that we choose to and so I don't philosophically have an objection but I think rather than say all committee chairs, I would proffer all other than the DDA as a starting point of that discussion. Commissioner Sanchez: I think I left out two important factors. One is the difference perspective and the other one is to train Commissioners I think you know, when you -- I've learned -- to be honest with you, although it's a part-time job and you're the chairman of any committee you really learn a lot. I mean, I've learned a lot a Bayfront Park believe it or not, and I'm sure each and everyone of you who's chaired a committee for four years or whatever amount of years might be, you will have absorbed knowledge and you have been able to learn you know, something that will benefit you as a Commissioner up here, and you now on the entertainment aspect of it, I'm more knowledgeable now of how to administer the park, what capital improvements to a park. You know, there's a lot of issues that I think that would allow us the opportunity to all develop and learn as we're able to rotate chairs whether it may be -- Vice Chairman Teele: The word rotate I think is a dangerous word though, because first of all, it implies that -- Commissioner Regalado: That you own it. 275 May 8, 2003 Vice Chairman Teele: That you own it and second of all, that person must serve and I don't think we can impose upon -- if I say I am not going to be on the DDA board I'm not going to chair, OK, so we pass the ordinance of something that says you must rotate. Now my times up. I don't want some lawyer trying to opine that well, if you don't take this board, then you've resigned your position, because that's essentially what he opined on the CRA and candidly, I really think that what we ought to do with the CRA is what I've said for four years, five years and I'm still saying it. I think that the CRA should not be a commission board. I don't -- I think that the -- first of all, there's no such thing as a CRA. Second of all, but the lawyers can work through all of that. I would like to have a straw vote here and now as to whether or now we can instruct the Attorney to give an ordinance that breaks the CRA and allows for the CRA to be a board like all the other boards with the option of a Commissioner serving as chair or not and I will tell you right here right now I will not proffer to serve as chair -- Commissioner Sanchez: Commissioner. Vice Chairman Teele: -- at all. But I do think we're getting the cart in front of the horse on that one item and I think it's really important because you know, in every CRA meeting and every Commission meeting you know, you've had the same item so let's put it on the table. You know, there's nothing I would like better than to see other people serve OK, at the CRA. Nothing I would like better that really care OK but I got to tell you something candidly, I could never support someone who is against everything that is voted on the record, against everything happening in a community to come in and chair something in the community that I represent -- Commissioner Sanchez: But Commissioner -- Vice Chairman Teele: -- I mean, you know, don't ask me -- Commissioner Sanchez: -- with all due respect -- Vice Chairman Teele: -- in the sense of collegiality -- Commissioner Sanchez: -- with all due respect and I'll allow you the last word, this is not directed towards you or the CRA. Vice Chairman Teele: -- and I'm not -- Commissioner Sanchez: And I have not, sir, and I say this as politely as I can, as a sportsmanship that I want to maintain a good relationship with all the Commissioners here who I have the utmost respect for. It has never been a personal issue. I have supported many issues in the CRA. I have just stood against some of the issues which I did not see eye to eye on the issue and that's the beauty of democracy -- Vice Chairman Teele: Commissioner, I am not, I never called your name. I have never said one thing about you personally or otherwise on an issue, but I have said you know that there are projects that have no rational basis for them being blocked other than a personal agenda whatever that is -- 276 May 8, 2003 Commissioner Sanchez: But the issue -- Vice Chairman Teele: -- the historic Ward Rooming House -- Chairman Winton: Hold on, hold on. Vice Chairman Teele: -- exhibit A. Commissioner Sanchez: I can tell you why I don't support that, but we won't get into it. Chairman Winton: Commissioner Sanchez. Commissioner Sanchez: And I think I have a valid argument as to why -- Chairman Winton: Commissioner Sanchez. Vice Chairman Teele: I'm not questioning -- Chairman Winton: Hold on -- Commissioner Sanchez: Sir, this is just a discussion -- Chairman Winton: I want to stick with the discussion -- Commissioner Sanchez: -- the discussion is to rotate the -- Commissioner Regalado: Why don't you say alternate instead of rotate? Commissioner Sanchez: Alternate if fine. As a matter of fact, every X amount of years we basically are allowing an opportunity to rotate if we were to change. I mean I -- Vice Chairman Teele: The problem -- Commissioner Sanchez: -- Bayfront Park, I don't have a problem -- Vice Chairman Teele: The problem with the word alternate is that's what we're doing now. You see, whether we vote -- Commissioner Sanchez: We do not alternate, Commissioner Teele. Vice Chairman Teele: Yes, we do. Commissioner Sanchez: No, we do not. 277 May 8, 2003 Vice Chairman Teele: Whether we vote to do it or not, is up to us, but right now, Mr. Attorney - Commissioner Sanchez: Mr. Attorney? Vice Chairman Teele: -- right now we don't have -- a rotation system means that everybody -- Chairman Winton: Has to do it. Vice Chairman Teele: Mr. Attorney, we've all been trying to get your attention. We de facto have an alternating system now, not a rotation system. Alternating meaning that we have the right to change whoever is Chairman of any board at this time once a year. Is that a fair statement? Alejandro Vilarello (City Attorney): Yes, in fact the City Clerk brings to your attention once a year the appointment of the chairmanships to each of the boards. You make that decision on an annual basis. Vice Chairman Teele: A rotating system, I am afraid of until I see a legal opinion, because a rotation system means you must serve and everybody must rotate as I would understand a rotation system, and I'm opposed to that. Chairman Winton: Commissioner Gonzalez. Commissioner Gonzalez: Yes, I personally I agree with the statements of Commissioner Teele because and this is the second time that I talk about this issue. Some year ago, last year sometime my proposed that why we don't have in the CRA a board created by members of the community, you know, and that's the way that I thought that should be because those are the people that have a stake in that community and they should be the ones that be making decisions on the CRA. As far as rotating the chairmanship, on one side of it, I believe it's a good idea. On the other side, I don't like the idea, and the reason is that for example, I would not and I would not like to be put in a position where I will have to serve as the Chairman of the CRA or as the chairman of the DDA, to be honest with you. I would not -- I don't see that I have the ties for these two organizations. I think if Commissioner Winton is doing a great job at the DDA, why should we change the Chairman? If Commissioner Teele is doing a great job at CRA, why should we change Commissioner Teele? You, Commissioner Sanchez, have been doing a great job at Bayfront Park and at the Orange Bowl; why change it? It's different if one of the Commissioners said, well, I have been doing this for two years or three years and I would like to go into another arena. Then, you know, it'd be fine to say well maybe we should change chairmanships, but to make it a type of mandatory type of thing, I honestly can't support this. Commissioner Sanchez: I respect my colleagues you know -- Vice Chairman Teele: Mr. Chairman. Commissioner Sanchez: It's just a discussion item. 278 May 8, 2003 Vice Chairman Teele: And I think the discussion is healthy. Chairman Winton: Me too and my hats off to Commissioner Sanchez. I mean you forced all of us to think about these things. I have really, I spent a lot of time thinking about this chairmanship thing and I echo Commissioner Gonzalez view. There's a part of me that says that's a pretty good thing to do. It does move new blood in, but I would also say that the thing that I struggle with is exactly the thing he said. I wouldn't agree to be the Chairman of the CRA. I'm not going to do that either. That's a tough job. It's a big job. It's a complex job and the wrong person in there can't get the job done, but I would also say there was another part that I thought about. That is some of these boards, and I would use as the example Bayfront Park Trust when you took over, because it was a mess, complicated, a mess. The DDA, the CRA, MSEA (Miami Sports and Exhibition Authority), and International Trade Board, you can't do those jobs in a year. You can't do those jobs in two years. Vice Chairman Teele: You can't learn them. Chairman Winton: Absolutely. These jobs take a year to get it figured out, then you just start getting the implementation phase started and your out, if you do two years. There is some value in my mind to some limit to terms and maybe we've already figured it out. It is eight, it's eight because that's all we're going to be here and I'll tell you, we had a little discussion a little earlier about there's an eight term limit for members on these boards but we were just about, we're in a mode to change the resolution so that they can stay longer. That's kind of inconsistent in my mind, so I don't know the right answer either, Joe. I'm not -- I would vote in favor of some term limit on a board for a Commissioner, but my sense is it's got to be three or four years for it to roll over, so I'm going to kind of listen to the rest of the discussion and go for -- Commissioner Sanchez: Commissioners, thank you for your time. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: I -- Commissioner Regalado: Can I say something? Chairman Winton: Yes, sir, I'm sorry. Commissioner Regalado: You said you would never like to be on the CRA Chairman, right? You said that. Chairman Winton: Correcto. Commissioner Regalado: Angel said that he never want to be CRA Chairman. I say, I would never want to be CRA Chairman. 279 May 8, 2003 Commissioner Sanchez: Then I guess it's Commissioner Teele. Commissioner Regalado: So, what are we discussing here? Commissioner Sanchez: Then I guess it's Commissioner Teele. Vice Chairman Teele: Mr. Chairman -- Chairman Winton: Well, I -- yes, sir. Vice Chairman Teele: In all seriousness look, I don't pat myself on the back but when I took over the TIF (Tax Increment Fund) collected $148,000 a year in Southeast Overtown after 12 years of functioning. In four years we're collecting $1,900,000, $1,800,000 which all economists say is impossible. It's absolutely mathematically impossible you know, because it's really not what it represents. It represents going back and rebooking properties that have been taken off. It doesn't reflect what a TIF is suppose to reflect OK, and I don't take you know, when I go to these associations and I meet with people, the one thing people want to understand is how are you all doing it? How are you getting those numbers running like that? I don't apologize for one bit for the time that we put and 90 percent of the money is coming out of Park West. Ninety percent of that TIF increase is coming out of Park West, OK, the entertainment District the NAP (Network Area Point) the expectation the dah, dah, dah, the old arena, Hanks Sofa (phonetic), first, second and third is the reason because when he came in and start buying up land he revalued the whole 12 blocks of land but this is the point. Commissioner Sanchez has called for an oversight committee which I have problems with a group of citizens overseeing us. I think we got the thing wrong. I would like to respectfully move that the City Attorney be instructed to draft up a reconstituted CRA board in which -- Commissioner Sanchez: Under 163 and correct me if I'm wrong. I've been studying a little bit on 163. There's basically two forms of government. One is, the Commission could be the CRA and also could be the Commission and basically that has always been a concern that we've had here that we're basically wearing the same hat, and not only does it create problems with people out on the street, but also with the Commissioners. The other issue is that the CRA has a CRA board consisted of people who basically pertain in the CRA and then the Commission, the Commission being the oversight here in the Commission. Correct me if I'm wrong. You're the expert on 163. Vice Chairman Teele: As I understand what you said. You're trying to make the distinction between the two procedures? Commissioner Sanchez: Yes, sir. Vice Chairman Teele: The CRA would not be -- the City Commission is a governing board under either model. OK, the governing board, I think is a term that the statutes uses, and what I'm saying is that we can continue to be the governing board through the budget process and 280 May 8, 2003 through the confirmation process, as outlined by an ordinance that puts in, but we can put in your so called oversight board as the CRA board, under Chapter 163. Commissioner Sanchez: Mr. City Attorney, I mean why don't you get back to us on -- Vice Chairman Teele: So, that's what I'm asking to instruct the City Attorney to prepare -- Commissioner Sanchez: Make a motion. Vice Chairman Teele: -- the under the Chapter 163 for a -- the City Commission to remain as governing board, and that the alternative provision that provides for non -elected officials to be the CRA board of directors and to present that to us within 30 days. Commissioner Sanchez: Second. Chairman Winton: We have a motion and a second. Discussion? Maybe I'm getting tired. My leg hurts and I don't get it, which could well be. I mean I don't understand what y'all just done but so what I'm saying could not, may not be accurate as well. I'm not going to support though any change in the governance of the CRA board until after we get internal audits so I understand what the real issues are and we can craft a new oversight in management process that is commensurate with whatever we have to do to solve the problems that that audit may identify. Commissioner Sanchez: Mr. Chairman, and that's not the intention of Commissioner Teele. Commissioner Teele has just directed the City Attorney to look into that option and bring it back to us within 60 days it's -- Chairman Winton: OK, thanks. Commissioner Sanchez: -- to see if we could -- Chairman Winton: So, I didn't get it. Commissioner Sanchez: --implemented. Chairman Winton: Great thank you, OK, so, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. Motion carries. 281 May 8, 2003 The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 03-494 A MOTION DIRECTING THE CITY ATTORNEY TO DRAFT LEGISLATION FOR A RECONSTITUTED CRA BOARD WHICH WOULD PROVIDE, AS SPECIFIED UNDER FLORIDA STATE STATUTE CHAPTER 163, THAT THE CITY COMMISSION WILL REMAIN AS THE GOVERNING BOARD AND WHICH WOULD INCLUDE THE ALTERNATIVE PROVISION WHICH PROVIDES FOR NON -ELECTED OFFICIALS TO BE THE CRA BOARD OF DIRECTORS; FURTHER DIRECTING THE CITY ATTORNEY TO PRESENT SAID LEGISLATION TO THE CITY COMMISSION WITHIN 30 DAYS. Upon being seconded by Vice Chairman Teele, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 53. GRANT REQUEST FROM COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE FOR WAIVER OF 120 -DAY APPLICATION REQUIREMENT SET FORTH IN CITY CODE SEC. 54-341 IN CONNECTION WITH MIAMI BAHAMAS GOOMBAY FESTIVAL TO BE HELD JUNE 7 — 8, 2003. Chairman Winton: Blue page, Commissioner Regalado. Commissioner Regalado: Thank you. Want me to do the Latin Grammys again? Commissioner Gonzalez: No. Chairman Winton: All in favor, "aye." Commissioner Regalado: OK, Mr. Chairman, I have several things from -- and by the way, I like this rotation so you can be the chair of the Coconut Grove Marketing Committee next week - Chairman Winton: No, thank you. 282 May 8, 2003 Commissioner Regalado: -- but I do have four items from the committee. Chairman Winton: Could I say something to all of you? I don't think I'm going to last more than another half an hour. Vice Chairman Teele: I just told him (UNINTELLIGIBLE) Chairman Winton: Yeah, I am very uncomfortable so -- Commissioner Regalado: But I really need to do this. Chairman Winton: OK, great. Commissioner Regalado : Of the Coconut Grove. Chairman Winton: Sure. Commissioner Regalado: Motion that the City of Miami Commission grant a waiver of 120 day application requirement set forth in 554341 to the Miami Bahamas Goombay Festival to be held on June 7th and 8th. What happened was -- Vice Chairman Teele: Second the motion. Commissioner Regalado: -- they were late in presenting the application so -- Chairman Winton: A motion and a second. Discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: All opposed? Motion carries. The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 03-495 A MOTION GRANTING REQUEST FROM THE COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE FOR WAIVER OF THE 120 -DAY APPLICATION REQUIREMENT SET FORTH IN CITY CODE SEC. 54-341 IN CONNECTION WITH THE MIAMI BAHAMAS GOOMBAY FESTIVAL TO BE HELD JUNE 7 — 8, 2003 283 May 8, 2003 Upon being seconded by Vice Chairman Teele, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 54. GRANTING APPROVAL AS REQUESTED BY COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE, FOR $8,261.88 TO SPONSOR WORLDWIDE MOTORCYCLE SHOW OF MIAMI WHICH WILL BE HELD JUNE 11TH DURING "RUN OF THE GROVE" AND JUNE 14TH — 15TH FOR MOTORCYCLE SHOW IN COCONUT GROVE EXHIBITION CENTER. Commissioner Regalado: OK, motion that the City of Miami Commission grant a waiver -- oh, no, I did that. The Coconut Grove Special Events and Marketing Committee request the approval of the City of Miami Commission regarding the request for sponsorship of the World Wide Motorcycle Show of Miami. This event will be held in June 11, Run of the Grove and June 14, 15 for the Motorcycle Show in the Expo Center in Coconut Grove. The committee approved $8,261.88 in a sponsorship for this event and will receive recognition in return for this dollar. This is my motion. Commissioner Sanchez: Second. Chairman Winton: Motion, second, discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. Motion carries. The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 03-496 A MOTION GRANTING APPROVAL, AS REQUESTED BY THE COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE, FOR FUNDS IN AN AMOUNT NOT TO EXCEED $8,261.88 TO SPONSOR THE WORLDWIDE MOTORCYCLE SHOW OF MIAMI WHICH WILL BE HELD JUNE 11TH DURING THE "RUN OF THE GROVE" AND JUNE 14TH — 15TH FOR THE MOTORCYCLE SHOW IN THE COCONUT GROVE EXHIBITION CENTER 284 May 8, 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. 55. TABLED: PROPOSED APPROVAL OF SPONSORSHIP OF AMERICAN CANCER SOCIETY/RELAY FOR LIFE EVENT TO BE HELD AT PEACOCK PARK, COCONUT GROVE, ON MAY 16 AND 17, 2003, $3,500 (See #57). Commissioner Regalado: Another motion, the Coconut Grove Special Event and Marketing Committee requests the approval of the City of Miami Commission regarding the request for a sponsorship of the Relay for Life. This event, which raises money for the American Cancer Society, will be held on May 16, 17 in Peacock Park. The committee approved $3,500 in a sponsorship for this event and will receive recognition in return for these dollars. This is my motion. Commissioner Gonzalez: Second. Chairman Winton: Motion, second, discussion? Commissioner Regalado, one point, you know, this committee may be the perfect committee to ultimately do this. I've been in the Grove many times where particularly these not-for-profit walkathons and runathons and crawlathons come through the Grove and they generally some way or the other end up at Peacock Park or at Kennedy Park and you leave immediately and go back to the center Grove and have coffee or breakfast or whatever and there's no one with those little funny t -shirts on up there, and so, maybe it's just a few times that I seen it and was paying attention that that particular group all came, use the streets and left, but I really wonder, it's made me wonder if there isn't a way for us to do a better survey. Note for the Record: This matter was interrupted temporarily. (See Section # 57.) 285 May 8, 2003 56. EMERGENCY ORDINANCE: AMEND SECTION 2-887 AND SUBSECTIONS 54-342 (c) and (d)(1), AND ADD NEW SUBSECTION 54-352(g) OF CITY CODE ENTITLED "ADMINISTRATION/ BOARDS, COMMITTEES, COMMISSIONS AND STREETS AND SIDEWALKS/ STREETS AND SIDEWALKS, TO REDUCE NUMBER OF MEMBERS REQUIRED FOR QUORUM TO CONVENE MEETING OF COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE AND TO PROVIDE FOR ASSIGNMENT OF PERSONNEL. Commissioner Regalado: There is a way and the committee is working on that as a matter of fact I have here an emergency ordinance that fixes some of these problems. The problem is that we're been having quorum problems and there is nothing we can about it, but then there is the coordination. See what happened Johnny, is that the committee wasn't advised of some of the stuff that was happening around the Grove even in Peacock Park, so what we're doing with this ordinance is getting information and what is going to happen is should they have a March, the merchants will get in touch with the organizers and offer like specials for breakfast or a luncheon or specials in the stores in the boutiques and it's going to be a concerted effort of the merchants and that is basically what we're doing. Chairman Winton: But hopefully, somebody'll have the resources to measure the effectiveness you know to count the number of heads that came in -- Commissioner Regalado: Right. Chairman Winton: -- on the discount. Commissioner Regalado: Right, well, you know the chamber is having a new president now and they are wanted to participate more actively is an ex -officio member. An emergency, I move this ordinance. Commissioner Gonzalez: I'll second. Commissioner Regalado: You want to read it, Alex? The ordinance was read by title into the public record by the City Attorney. Commissioner Regalado: Mr. Chairman, I need to -- Chairman Winton: Yes. Commissioner Regalado: -- I need to add something here and something that was discussed on the committee yesterday but we can vote, and it is because we couldn't vote and we haven't been able to vote that they were doing this, but it's something that I need to add here to have the Coconut Grove Expo Center representative report to mandatory, report to the committee any bookings in the Expo Center. Chairman Winton: So, you're going to add that to the resolution? 286 May 8, 2003 Commissioner Regalado: Yes. Chairman Winton: OK, Mr. City Attorney, you can get that so, I mean, you can get that added into the ordinance? OK, so, it's an ordinance? Commissioner Regalado: It's an ordinance. Chairman Winton: So, we've read the ordinance. Call the roll, please. Commissioner Regalado: Can we do it as an emergency because we have a meeting on June Stn? Alejandro Vilarello (City Attorney): Mr. Chairman, I read it as an emergency motion, requires two votes of the City Commission. Chairman Winton: So, emergency ordinance. Call the roll, please. An Ordinance Entitled — AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTERS 2/ARTICLE XI AND 54/ARTICLE IX OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATIONBOARDS, COMMITTEES, COMMISSIONS AND STREETS AND SIDEWALKS/ STREETS AND SIDEWALKS, TO REDUCE THE NUMBER OF MEMBERS REQUIRED FOR A QUORUM TO CONVENE A MEETING OF THE COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE AND TO PROVIDE FOR ASSIGNMENT OF PERSONNEL; MORE PARTICULARLY BY AMENDING SECTION 2- 887 AND SUBSECTIONS 54-342 (c) and (d)(1), AND ADDING NEW SUBSECTION 54-352(g) TO SAID CODE. was introduced by Commissioner Regalado 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 Commissioner Joe Sanchez NAYS: None. ABSENT: None. 287 May 8, 2003 Whereupon the Commission on motion of Commissioner Regalado 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 Commissioner Joe Sanchez NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12364. Commissioner Regalado: Thank you. I do have other item, but I know that you've been too much here to stand all day and so I would defer these items for the 22nd. Chairman Winton: Great, thank you. Priscilla A. Thompson (City Clerk): The ordinance is adopted as an emergency, 5/0. 57. APPROVE REQUEST OF COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE FOR SPONSORSHIP OF AMERICAN CANCER SOCIETY/RELAY FOR LIFE EVENT TO BE HELD AT PEACOCK PARK, COCONUT GROVE, ON MAY 16 AND 17, 2003, $3,500. (See #55). Chairman Winton: We didn't vote on the Relay for Life resolution? Vice Chairman Teele: On the what? Chairman Winton: Well, we had a motion, second on the Relay for Life. All in favor, "aye. The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. Motion carries. The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 03-497 A MOTION APPROVING THE REQUEST OF COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE FOR SPONSORSHIP OF THE AMERICAN CANCER SOCIETY/RELAY FOR LIFE EVENT TO BE HELD AT PEACOCK PARK, IN COCONUT GROVE, MIAMI, FLORIDA, ON MAY 16 AND 17, 2003, IN AN AMOUNT NOT TO EXCEED $3,500. 288 May 8, 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. 58. DISCUSSION CONCERNING ENFORCEMENT OF ILLEGAL DWELLING UNITS. Chairman Winton: We need to do 52 and 53 real quick. 52 is the discussion on enforcement of illegal dwelling units. Commissioner Sanchez: Allison has been here all day, all day. Chairman Winton: So, 52. Commissioner Sanchez: Dedicated. Commissioner Gonzalez: Move 52. Chairman Winton: Do we have a motion on 52? Vice Chairman Teele: It's a discussion. I don't have anything. Does 52 have a background? I thought it was a discussion item. Unidentified Speaker: Discussion Item. Chairman Winton: OK, so who's discussing? Commissioner Sanchez: I believe that was Commissioner Gonzalez. Chairman Winton: Is this a Manager? Who's creating the discussion here? Mr. Administrator, what's your title? I'm confused. Victor Monzon-Aguirre (Chief of Neighborhood Services): There is a recommendation. This is a discussion item on what we're doing. As reported some time ago we had cited over 600 homes or units that are illegal and we're going through under state law after notice it's 45 days before we can have a hearing. We are now reviewing the overlay of the solid waste collections because that also identifies illegal units and that's the next group. I explained to Commissioner Regalado 289 May 8, 2003 earlier that I can have a report for you identifying all the locations that we have illegal units. Principally they are in Commissioner Regalado, Commissioner Gonzalez, and Commissioner Sanchez districts. That's where the majority of the illegal units are. Chairman Winton: I'm going to give this to you because I'd like this grid you created to be extended. I think we ought to have a column in there that shows homestead exempt -- the number of homestead properties that are in that category as well, so this is just an update. You are actually doing this. You've started the process -- Mr. Monzon-Aguirre: We've already cited the homes. We're now in the 45 day window. Commissioner Sanchez: Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Sanchez: For the sake of time and I know that it's getting late, there was one discussion at the last Commission meeting that really got my curiosity and that was the discussion on protecting new homeowners when the come into the City and buy property. Chairman Winton: Right. Commissioner Sanchez: We have seen many times here especially elderly people and people that really may not have the resources to hire a professional individual that would look at the house and the survey and all these things and they end up buying these properties and three or four years down the line, they get caught for code violation or illegal units or whatever so, there was a discussion brought forth by Commissioner Gonzalez which really got my attention. It's similar -- doing some research, Hialeah has a similar ordinance where when someone sells their home it doesn't mean that inspectors are going to be crashing down your door -- Chairman Winton: May I interrupt you real quick? I think aren't y'all working on something like that? Isn't there something in the works -- Mr. Monzon-Aguirre: It's being prepared and going to be distributed to this City Commission and y' all can -- Chairman Winton: Thank you. Mr. Monzon-Aguirre: -- can considerate it -- Chairman Winton: That's the only reason I interrupted you Commissioner Sanchez. I though something was in the works. OK. Commissioner Sanchez: I rest my case, sir. 290 May 8, 2003 59. AUTHORIZE BI -WEEKLY CONTRIBUTION OF ALL COMPENSATION EARNED, INCLUDING CASH VALUE OF SALARY AND BENEFITS FOR EMPLOYMENT OF CITY MANAGER JOE ARRIOLA, TO UNITED WAY OF MIAMI-DADE COUNTY. Chairman Winton: So, the last agenda item is 53. I guess we need to vote on giving the Manager's money away. Commissioner Gonzalez: Are we taking any action of 52 or -- Chairman Winton: No. That's an informational piece to us. Commissioner Gonzalez: Oh, it's information, OK. Chairman Winton: Yeah, 53, need a motion. Do we need a motion? Why do we have to motion? OK, so, need a motion. Commissioner Gonzalez: Move 53. Vice Chairman Teele: Second. Chairman Winton: Motion, second. Discussion? Being none all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. Motion carries. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03- 498 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE BI -WEEKLY CONTRIBUTION OF ALL COMPENSATION EARNED, INCLUDING THE CASH VALUE OF SALARY AND BENEFITS FOR EMPLOYMENT OF CITY MANAGER JOE ARRIOLA, AS SET FORTH IN "ATTACHMENT NO. 1", APPROVED BY RESOLUTION NO. 03-279, ATTACHED AND INCORPORATED, TO THE UNITED WAY OF MIAMI-DADE COUNTY, FLORIDA, EFFECTIVE JANUARY 28, 2003, AND TO CONTINUE FOR THE DURATION OF HIS EMPLOYMENT WITH THE CITY OF MIAMI, PAYABLE FROM APPROPRIATE ACCOUNT CODES SET FORTH HEREIN; AUTHORIZING THE EXECUTION OF ALL DOCUMENTS REQUIRED TO IMPLEMENT SAID CONTRIBUTION. 291 May 8, 2003 Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 60. WITHDRAW: DISCUSSION AND RESOLUTION REQUESTING REPORT INCLUDING RESOLUTIONS FOR HISTORICAL PRESERVATION GRANT OF $225,000 PROVIDED TO PLANNING AND ZONING DEPARTMENT JULY 10, 2001; DISCUSSION AND MOTIONS REGARDING $255 MIL HOMELAND DEFENSE AND NEIGHBORHOOD IMPROVEMENT BOND. Chairman Winton: This meeting is -- Vice Chairman Teele: Hold it, my blue pages, my pocket items. Chairman Winton: I'm sorry. Commissioner Gonzalez: Wow. Vice Chairman Teele: I would move -- Commissioner Gonzalez: We have another two hours now -- Vice Chairman Teele: I would move to withdraw -- no, no I move to withdraw the items on my blue pages. Chairman Winton: OK. I'm sorry, I don't know what I did with yours. 61. PROVIDE SUPPORT TO FANM AYISEN NAN MIYAMI, INC. $7,000, FOR STAGE, SOUND SYSTEM & IN-KIND SERVICES FOR "A TASTE OF CULTURE TWO" WHICH WILL HOST HEALTH & CULTURAL FAIR TO EDUCATE AFRICAN AND HAITIAN AMERICAN COMMUNITIES ABOUT HIV/AIDS TO TAKE PLACE ON SATURDAY, MAY 31, 2003 AT EDISON FIELD, 6001 NW 2ND AVENUE. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. 292 May 8, 2003 Vice Chairman Teele: However, Mr. Manager, we need and I know the police department is gone, I guess. Is the major still here? Joe Arriola (City Manager): No, sir. Vice Chairman Teele: Longuiera, yeah. We need to do something on this Roots and Culture affair. We brought up all this stuff today. We just spend $30,000 more, but Roots and Culture again, is one of the few things that happen in the community. I would also ask that the Mayor's, the women, I can never say this FANM (Fanm Ayisyen Nan Miyami, Inc.) organization which -- Chairman Winton: I can't either. Vice Chairman Teele: -- is the Haitian women of Miami be provided support not to exceed $7000 in stage, sound system and cash to support their taste of the culture in the Edison Park -- is Edison Park? Edison Field, 6001 Northwest 2nd Avenue. I would so move. Commissioner Gonzalez: Second. Chairman Winton: We have a motion and a second. All in favor? I mean discussion? All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. Motion carries. The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-499 A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO "A TASTE OF CULTURE TWO", A HEALTH AND CULTURAL FAIR TO EDUCATE THE AFRICAN AND HAITIAN AMERICAN COMMUNITIES ABOUT HIV/AIDS, CONDUCTED BY FANM AYISEN NAN MIYAMI, INC. (THE "ORGANIZER"), TO BE HELD AT EDISON FIELD, 6001 NW 2ND AVENUE, MIAMI, FLORIDA, ON MAY 31, 2003; AUTHORIZING THE (1) WAIVER OF FEES FOR THE USE OF A STAGE AND SOUND SYSTEM, AND (2) PROVISION OF IN-KIND SERVICES IN AN AMOUNT NOT TO EXCEED $7,000; CONDITIONING SAID AUTHORIZATIONS UPON THE ORGANIZERS: (1) OBTAINING ALL PERMITS REQUIRED BY LAW; (2) PAYING FOR ALL OTHER NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID FAIR; (3) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR DESIGNEE; AND (4) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER. 293 May 8, 2003 Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado NAYS: None. ABSENT: Commissioner Joe Sanchez 62. DIRECT MANAGER TO WAIVE FEES, $7,000 FOR POLICE COSTS, PERMITS, EQUIPMENT RENTAL AND PARKS DEPARTMENT LABOR COSTS ASSOCIATED WITH 7TH ANNUAL ARTHUR McDUFFIE CANDLELIGHT VIGIL, PRESENTED BY BROTHERS OF SAME MIND ORGANIZATION, TO TAKE PLACE ON SATURDAY, MAY 17, 2003, AT 5:00 PM. Vice Chairman Teele: Alright, I would also move that the City Manager be requested to waive fees, cost and permits, equipment rental and Parks Department, Police Department associated with the 7th annual Arthur McDuffie Candlelight Vigil to take place Saturday, May 17th at 5 P.M. and this is the annual Brothers of the Same Mind tribute for that and the Police Department has no problem with it. Commissioner Gonzalez: Does it have any dollar amount? Vice Chairman Teele: Not to exceed $7,000. It's probably $3500. Commissioner Gonzalez: Second. Chairman Winton: Motion, second. Discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. Motion carries. 294 May 8, 2003 The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-500 A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO THE "7TH ANNUAL ARTHUR McDUFFIE CANDLELIGHT VIGIL", PRESENTED BY THE BROTHERS OF THE SAME MIND ORGANIZATION (THE "PRESENTERS"), TO BE HELD ON MAY 17,2003; AUTHORIZING THE (1) WAIVER OF ALL FEES PERMISSIBLE BY LAW AND (2) PROVISION OF IN-KIND SERVICES BY THE DEPARTMENTS OF POLICE AND PARKS AND RECREATION, IN AN AMOUNT NOT TO EXCEED $7,000; CONDITIONING SAID AUTHORIZATIONS UPON THE PRESENTERS: (1) OBTAINING ALL PERMITS REQUIRED BY LAW; (2) PAYING FOR ALL OTHER NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID FAIR; (3) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR DESIGNEE; 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: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado NAYS: None. ABSENT: Commissioner Joe Sanchez 63. DIRECT MANAGER TO PROVIDE SPECIFIC ADVICE AS IT PERTAINS TO REQUEST TO USE FUNDS FROM THE CITY OF MIAMI TO ROOTS & CULTURE AND BAKE HOUSE ART COMPLEX, INC., AT NEXT COMMISSION MEETING CURRENTLY SCHEDULED FOR MAY 22, 2003. Vice Chairman Teele: And I would ask that the Manager's office be requested to provide a specific advice regarding the -- at the next meeting, regarding the Roots and Culture and the Bake House Arts Complex request related to the use of funds from the City. I would so move. Commissioner Gonzalez: Second. Chairman Winton: We have a motion and a second. Discussion. Being none, all in favor, LL " aye. 295 May 8, 2003 The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following motion was introduced by Vice Chairman Teele, who moved for its adoption: MOTION NO. 03-501 A MOTION DIRECTING THE CITY MANAGER TO PROVIDE SPECIFIC ADVICE AS IT PERTAINS TO A REQUEST TO USE FUNDS FROM THE CITY OF MIAMI TO ROOTS & CULTURE AND THE BAKE HOUSE ART COMPLEX, INC., AT THE NEXT COMMISSION MEETING CURRENTLY SCHEDULED FOR MAY 22, 2003. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. Chairman Johnny L. Winton NAYS: None ABSENT: Commissioner Joe Sanchez 64. PROVIDE TO LIBERTY CITY-BROWNSVILLE BUSINESSES, CHURCHES, HOMEOWNERS, SCHOOLS & TENANTS ASSOCIATION, $500 FROM DISTRICT 5 OFFICE BUDGET FOR COSTS ASSOCIATED WITH THIRD AFRICAN AMERICAN - CARIBBEAN HERITAGE MONTH DISTINGUISHED SONS & DAUGHTERS LEADERSHIP AWARDS LUNCHEON WHICH IS SCHEDULED TO TAKE PLACE ON SUNDAY, MAY 18, 2003. Vice Chairman Teele: I move that $500 be deducted from my office budget for the purpose of supporting the Liberty City, Brownsville area that was just hit by the hurricane for their annual business homeowner's schools and tenant's association activity that will take place Sunday, May 18th from my office budget. I would so move. Commissioner Gonzalez: Second. Chairman Winton: And how much is that? Vice Chairman Teele: $500. Chairman Winton: OK, motion, second. Discussion? Being none, all in favor, "aye." 296 May 8, 2003 The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. Motion carries. The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-502 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $500, TO SUPPORT COSTS RELATED TO THE THIRD AFRICAN AMERICAN - CARIBBEAN HERITAGE MONTH DISTINGUISHED SONS & DAUGHTERS LEADERSHIP AWARDS LUNCHEON, ON SUNDAY, MAY 18, 2003, FOR LIBERTY CITYBROWNSVILLE BUSINESSES, CHURCHES, HOMEOWNERS, SCHOOLS & TENANTS; ALLOCATING FUNDS FROM THE DISTRICT 5 OFFICE BUDGET, SUBJECT TO BUDGETARY APPROVAL. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado NAYS: None. ABSENT: Commissioner Joe Sanchez 65. DIRECT MANAGER TO WORK WITH MAYOR'S OFFICE AND DISTRICT 5 OFFICE TO FACILITATE POLICE COSTS, FIRE, PERMITS, EQUIPMENT RENTAL, PARKS & RECREATION AND ACCOMPANYING FEE WAIVERS, $10,000, RELATED TO HOSTING OF DELEGATES, INCLUDING CONSULAR CORPS OF MIAMI AND OTHER ENTITIES, FOR "5TH ANNUAL HAITIAN COMPAS FESTIVAL 2003" EVENT HIGHLIGHTING 200TH YEAR BICENTENNIAL OF HAITI CELEBRATING HAITIAN FLAG DAY, SAID EVENT TO BE HELD ON THURSDAY, MAY 15, 2003 AT NEW MARGARET PACE PARK, 1745 N. BAYSHORE DRIVE. Vice Chairman Teele: Alright, and finally, I would request that the Manager work with the Mayor's office and my office regarding the cost of police for all these various activities and specially request a fee waiver for the cost of police, fire for the Bicentennial Celebration taking place Thursday in the Margaret Pace Park which honors the Consular Corps. At least seven members of the Consular Corp have confirmed and this is the 200 celebration of the Haitian Flag day. That's a request for police, fire and parks fee waiver associated with the use of the Margaret Pace Park. I would so move. 297 May 8, 2003 Commissioner Gonzalez: Second. Chairman Winton: Motion, second, discussion? Being none all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. Motion carries. The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-503 A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO THE COMPAS FESTIVAL "PRESS PARTY" ORGANIZED BY THE HAITIAN CENTER FOR HAITIAN STUDIES, TO BE HELD AT MARGARET PACE PARK ON MAY 15, 2003; AUTHORIZING THE ALLOCATION OF FUNDS, IN THE CUMULATIVE AMOUNT NOT TO EXCEED $10,000, FROM SPECIAL EVENTS FESTIVAL ACCOUNT NO. 001000921054.6.289, FOR THE WAIVER OF ALL FEES AND PERMITS PERMISSIBLE BY LAW, AND THE PROVISION OF IN-KIND SERVICES BY THE DEPARTMENTS OF POLICE, FIRE -RESCUE, MUNICIPAL SERVICES, SOLID WASTE, AND PARKS AND RECREATION; CONDITIONING SAID AUTHORIZATIONS UPON THE ORGANIZER(S): (1) OBTAINING ALL PERMITS REQUIRED BY LAW; (2) PAYING FOR ALL OTHER NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (3) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER; AND (4) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado NAYS: None. ABSENT: Commissioner Joe Sanchez Chairman Winton: Do you have a what? Joe Arriola (City Manager): A cost fund. 298 May 8, 2003 Vice Chairman Teele: I don't but not to exceed $10,000 in-kind. It's an in-kind, I mean it's a fee waiver of the cost of the park which really hasn't even been turned over to the City. It's still being paid by the CRA (Community Development Authority) and bill the CRA for the police stuff -- work it out. Chairman Winton: OK, next. 66. DIRECT MANAGER TO SCHEDULE SPECIAL CONSENT AGENDA S -CA -I -S -CA -68 AS FIRST ITEM ON NEXT MEETING AGENDA RATIFYING, APPROVING AND CONFIRMING MANAGER'S FINDINGS OF EMERGENCY(S), WAIVING E REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES; ALLOCATING FUNDS FROM BUDGET OF VARIOUS USER DEPARTMENT ACCOUNTS. Vice Chairman Teele: I would assume, Mr. Chairman, again, I want to express my appreciation to you. Realize you have really been in pain all day today and we need to be a little bit more courteous and thank you, Mr. Chairman. Commissioner Gonzalez: If you allow me, Mr. Chairman, I would like to congratulate all the mothers in the City of Miami. Next Sunday's Mothers Day. I want to congratulate of our mothers in the name of this City Commission and the Mayor of the City of Miami. Chairman Winton: That's and outstanding idea. Commissioner Gonzalez: Motion to adjourn. Joe Arriola (City Manager): You know we still haven't approved the special consent agenda, all the emergency purchases -- Chairman Winton: All of the money's been spent. Vice Chairman Teele: Let's agree that we'll do that as the first item in the next meeting. I apologize if that was my oversight today. Chairman Winton: Besides that -- Mr. Arriola: It's up to you. I just don't want to get blamed for that one, OK. Chairman Winton: No, I will. I'm the Chairman. Mr. Arriola: That's on Carlos' time. Chairman Winton: I'm ready to leave, and I am leaving. It isn't as though we're going to spend any new money. It's been spent for years. 299 May 8, 2003 THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 9:33 P.M. MANUEL A. DIAZ MAYOR ATTEST: Priscilla A. Thompson CITY CLERK 300 May 8, 2003