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HomeMy WebLinkAboutCC 2003-06-12 MinutesMINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 12th day of June 2003, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order at 9:14 a.m. by Commissioner Regalado with the following members of the Commission found to be present: Commissioner Angel Gonzalez (District 1) Vice Chairman Johnny L. Winton (District 2) (9:45 a.m.) Commissioner Joe Sanchez (District 3) Chairman Tomas Regalado (District 4) ABSENT: Commissioner Arthur E. Teele, Jr. (District 5) ALSO PRESENT: Mayor Manuel A. Diaz City Manager Joe Arriola City Attorney Alejandro Vilarello City Clerk Priscilla A. Thompson Assistant City Clerk Sylvia Scheider 1 June 12, 2003 1. PRESENTATIONS & PROCLAMATIONS Commissioner Regalado: Just a few announcements. Commissioner Teele will not be in in the morning. However, he will be here for the afternoon session. Chairman Winton is on his way, and we have a quorum, so we're going to start the City Commission meeting. Commissioner Joe Sanchez will do the invocation; Commissioner Gonzalez, the pledge of allegiance. Commissioner Sanchez. Invocation and pledge of allegiance delivered. Commissioner Regalado: I believe that we have some proclamation. Mr. Mayor -- is he here? Oh, OK. Mayor, do you have any proclamations? Commissioner Gonzalez. Presentations made: 1. CERTIFICATES OF MERIT TO: NATALIE MERUELO, YVANNA CANCELA, BRITTNEY BAHAMON, AND FRANCESCA CORALLO. 2. CERTIFICATE OF ACHIEVEMENTS: DALE REED AND ALEJANDRO ACOSTA. Commissioner Regalado: Just a note of information. There are no mayoral vetoes. Also, there are time certain item; Item 9, 10, 11, 12, 13, 3 o'clock. These are public hearing, CDBG (Community Development Block Grant) funds, so that would be done at 3 p.m., when the Commission convenes in the afternoon. We need to approve the minutes of the City Commission meeting of April 25 -- April 20. Oh, April 28. The motion by Commissioner Sanchez to approve the minutes of April 28. Commissioner Sanchez: So move. Commissioner Gonzalez: Second. Commissioner Regalado: Second. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Regalado: Now, do you -- OK. We have a 10:30 time certain, Item Number 12. We have an 11 a.m. time certain. The Mayor will be holding a press conference if Item 21 passes. We have a 3:30 p.m. -- Linda Romero from the Community Relations Board, the polling places report; at 4 p.m., Item 32, Steve Pearson, and Item -- Chairman Winton -- Mr. Manager, Chairman Winton wants to defer Item 27 until the first meeting in July. Joe Arriola (City Manager): Yes, sir. I was going to ask that, too, so, OK. We got it. Commissioner Regalado: OK. We have a four -fifth vote on emergency resolutions 5, 6, 7, 8. We have an emergency ordinance, a four -fifth, and that's it. 2 June 12, 2003 Commissioner Sanchez: We could take a -- Mr. Arriola: Commissioner. Commissioner Regalado: Yes, sir. Chairman Sanchez: We could take those -- Mr. Arriola: Commissioner -- Chairman Sanchez: -- up when either Commissioner Winton gets here in the afternoon. June 12, 2003 2. CONSENT AGENDA. (See Sec. #4) 2.1 DEFER FOLLOWING ITEMS UNTIL AFTERNOON: PROPOSED ACCEPTANCE OF BIDS RECEIVED FROM VARIOUS VENDORS FOR PURCHASE OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) PARTS AND REPAIR SERVICES FOR DEPARTMENT OF MUNICIPAL SERVICES; AND PROPOSED CONTRACT FOR RENTAL OF PORTABLE TOILETS FROM VARIOUS VENDORS FOR PURCHASING DEPARTMENT. 2.2 APPROVE CONSENT AGENDA: • ACCEPT BID OF WIS' S ENGINEERING, FOR PROJECT ENTITLED "LITTLE HAVANA STREET & SIDEWALK IMPROVEMENT PROJECT, B-4657; AND • ACCEPT BID OF PRESTIGE ELEVATOR, INC. FOR ACQUISITION OF ELEVATOR MAINTENANCE SERVICES TO BE UTILIZED BY VARIOUS USER DEPARTMENTS AND AGENCIES; AND • ACCEPT BIDS OF VARIOUS VENDORS FOR PROVISION OF AUTO BODY REPAIRS AND PAINTING SERVICES FOR DEPARTMENT OF MUNICIPAL SERVICES; AND • AUTHORIZE MANAGER TO EXECUTE MUTUAL AID AGREEMENT BETWEEN CITY AND CITY OF SWEETWATER; AND • AUTHORIZE MANAGER TO EXECUTE ADDENDUM TO SOUTH FLORIDA MONEY LAUNDERING STRIKE FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT, WITH FLORIDA DEPARTMENT OF LAW ENFORCEMENT AND OTHER LAW ENFORCEMENT AGENCIES; AND • AUTHORIZE ACQUISITION OF TWO TYPE -C 2003 FORD CARGO VANS AND ONE 2003 TYPE -A FORD CARGO VAN FROM PALMETTO FORD; AND • AUTHORIZE MANAGER TO EXECUTE MANAGEMENT AND OPERATING AGREEMENT BETWEEN CITY AND DEPARTMENT OF OFF-STREET PARKING FOR MIAMI WATERSPORTS CENTER; AND • AUTHORIZE MANAGER TO EXECUTE INTERLOCAL AGREEMENT BETWEEN CITY AND CITY OF WEST MIAMI FOR CITY'S PARTICIPATION IN COOPERATIVE PROJECT TO DESIGN, CONSTRUCT AND MAINTAIN FORCE MAIN ALONG SOUTHWEST 64TH AVENUE; AND • DECLINE TO PAY ATTORNEYS' FEES AND COSTS INCURRED FOR REPRESENTATION OF POLICE OFFICER WILLIE BELL, IN CASE OF STATE OF FLORIDA VS. WILLIE BELL; AND • DECLINE TO PAY ATTORNEYS' FEES AND COSTS FOR REPRESENTATION OF POLICE OFFICER MOISES MARTINEZ, IN CASE OF STATE OF FLORIDA VS. MOISES MARTINEZ; AND • AUTHORIZE ENGAGEMENT OF COUNSEL FOR REPRESENTATION OF CITY RELATED TO VARIOUS APPELLATE MATTERS AS NEEDED; AND ACCEPT REPORT FROM CIVIL SERVICE BOARD Commissioner Gonzalez: Can we do consent? 4 June 12, 2003 Commissioner Regalado: Right. Well, I was going to ask if you all want to do the consent agenda because I don't know -- well, I received this from Chairman Winton. He doesn't -- the only thing he wants, he wants CA -3 and 5 withdrawn. Commissioner Sanchez: CA -3. Commissioner Regalado: And 5. C -- Commissioner Sanchez: CA -3 and CA -5, withdrawn? Commissioner Regalado: Yes. He wants CA -3 -- Joe Arriola (City Manager): Why's that? Commissioner Sanchez: Well -- Commissioner Regalado: CA (consent agenda) Number 3 and CA Number 5 withdrawn. Commissioner Gonzalez: OK. Commissioner Sanchez: Well -- Alejandro Vilarello (City Attorney): Commissioner, is that withdrawn from the consent agenda for discussion or withdrawn from the agenda? Commissioner Regalado: I have no idea. I just received this note from Chairman Winton. I don't know what he wants to do with that. Commissioner Sanchez: Can I make a suggestion? Mr. Arriola: So, why don't we leave it for discussion, just in case? Chairman Sanchez: Could I make a suggestion? Can we defer those till the afternoon, those two, and then I am -- I'm prepared, if none of my colleagues want to pull any of the other items, to move the consent agenda. Commissioner Gonzalez: OK, so moved to defer, what was it, 3 and 5? Commissioner Regalado: 3 and 5. Commissioner Gonzalez: -- for this afternoon. Commissioner Sanchez: Second. Commissioner Regalado: We have a motion and a second. All in favor, say "aye." 5 June 12, 2003 The Commission (Collectively): Aye. The following motion was introduced by Commissioner Gonzalez, who moved for its adoption: MOTION NO. 03-627 A MOTION TO DEFER THE FOLLOWING ITEMS UNTIL THE AFTERNOON: • PROPOSED ACCEPTANCE OF BIDS RECEIVED FROM VARIOUS VENDORS FOR PURCHASE OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) PARTS AND REPAIR SERVICES FOR DEPARTMENT OF MUNICIPAL SERVICES, FLEET MANAGEMENT DIVISION; AND • PROPOSED CONTRACT FOR RENTAL OF PORTABLE TOILETS FROM VARIOUS VENDORS FOR PURCHASING DEPARTMENT, TO BE UTILIZED CITYWIDE BY VARIOUS USER DEPARTMENTS AND AGENCIES. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Sanchez: So -- Commissioner Gonzalez: And I move to approve the consent agenda. Commissioner Sanchez: Second. Commissioner Regalado: There is a motion to approve the consent agenda, a public hearing. Anyone who wishes to discuss consent agenda? Being none, we close the public hearing. We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Regalado: It passes. 6 June 12, 2003 The following motion was introduced by Commissioner Gonzalez, who moved for its adoption: MOTION NO. 03-628 A MOTION TO APPROVE THE CONSENT AGENDA: • ACCEPT BID OF WIS' S ENGINEERING, FOR PROJECT ENTITLED "LITTLE HAVANA STREET & SIDEWALK IMPROVEMENT PROJECT, B-4657"; AND �LEVATOR ACCEPT BID OF PRESTIGE ELEVATOR, INC. FOR ACQUISITION OF MAINTENANCE SERVICES TO BE UTILIZED BY VARIOUS USER DEPARTMENTS AND AGENCIES; AND �ODY ACCEPT BIDS OF VARIOUS VENDORS FOR PROVISION OF AUTO REPAIRS AND PAINTING SERVICES FOR DEPARTMENT OF MUNICIPAL SERVICES, FLEET MANAGEMENT DIVISION; AND • AUTHORIZE CITY MANAGER TO EXECUTE MUTUAL AID AGREEMENT BETWEEN CITY OF MIAMI AND CITY OF SWEETWATER; AND • AUTHORIZE CITY MANAGER TO EXECUTE ADDENDUM TO SOUTH FLORIDA MONEY LAUNDERING STRIKE FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT, WITH FLORIDA DEPARTMENT OF LAW ENFORCEMENT AND OTHER LAW ENFORCEMENT AGENCIES; AND • AUTHORIZE ACQUISITION OF TWO TYPE -C 2003 FORD CARGO VANS AND ONE 2003 TYPE -A FORD CARGO VAN FROM PALMETTO FORD; AND �PERATING AUTHORIZE CITY MANAGER TO EXECUTE MANAGEMENT AND AGREEMENT BETWEEN CITY OF MIAMI AND DEPARTMENT OF OFF-STREET PARKING FOR MIAMI WATERSPORTS CENTER; AND • AUTHORIZE CITY MANAGER TO EXECUTE INTERLOCAL AGREEMENT BETWEEN CITY OF MIAMI AND CITY OF WEST MIAMI FOR CITY'S PARTICIPATION IN COOPERATIVE PROJECT TO DESIGN, CONSTRUCT AND MAINTAIN FORCE MAIN ALONG SOUTHWEST 64TH AVENUE; AND • DECLINE TO PAY ATTORNEYS' FEES AND COSTS INCURRED FOR REPRESENTATION OF POLICE OFFICER WILLIE BELL, IN CASE OF STATE OF FLORIDA VS. WILLIE BELL; AND • DECLINE TO PAY ATTORNEYS' FEES AND COSTS FOR REPRESENTATION OF POLICE OFFICER MOISES MARTINEZ, IN CASE OF STATE OF FLORIDA VS. MOISESMARTINEZ; AND �ITY AUTHORIZE ENGAGEMENT OF COUNSEL FOR REPRESENTATION OF OF MIAMI RELATED TO VARIOUS APPELLATE MATTERS AS NEEDED; AND • ACCEPT REPORT FROM CIVIL SERVICE BOARD. 7 June 12, 2003 Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Regalado: We have the personal appearances. 3. DEFER TO COMMISSION MEETING CURRENTLY SCHEDULED FOR JULY 24,2003: • PROPOSED RESOLUTION RATIFYING, APPROVING AND CONFIRMING MANAGER'S FINDING OF SOLE SOURCE; WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVE IMPLEMENTATION OF "ADOPT -A -WATERWAY" PROGRAM; AND • PROPOSED ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS, $30,000, TO BOSELLI PROSCIUTTO, INC., $90,000 TO AMAZING MINDS ACADEMY, $90,000 TO NEPTUNE AND SON RESTAURANT AND BEAUTY SHOP, CORP./RESTAURANT AND $60,000 TO NEPTUNE AND SON RESTAURANT AND BEAUTY SHOP, CORP./BEAUTY PARLOR, FROM PREVIOUSLY APPROVED DISTRICT 5 LITTLE HAITI JOB CREATION PILOT PROJECT SET-ASIDE; AND • PROPOSED FIRST READING ORDINANCE AMENDING CHAPTER 35/ARTICLE IV, ENTITLED "MOTOR VEHICLES AND TRAFFIC/PARKING RATES", OF CITY CODE: (1) ESTABLISHING MONTHLY ON -STREET PERMIT PROGRAM; (2) CHANGING PARKING RATES AT CERTAIN SPECIFIED ON -STREET PARKING LOTS; (3) CHANGING PARKING RATES AT CERTAIN MUNICIPAL PARKING GARAGES; (4) AUTHORIZING RATES AND FEES FOR BAGGED METER/METERED SPACE RENTALS; (5) PROVIDING FOR METER REMOVAL; (6) AUTHORIZING RESTRICTED RESIDENTIAL PARKING PROGRAM; AND (7) INITIATING RATES FOR NEW FACILITIES DURING FISCAL YEAR. Joe Arriola (City Manager): Commissioner, you want me to withdraw -- because I -- Commissioner Gonzalez: OK. Mr. Arriola: -- saw that you withdrew Item -- was it 8? Commissioner Regalado: From the regular agenda? Mr. Arriola: Yeah. You withdrew, I think, it was Item 27, so as long as we're doing that, I would like to withdraw 8 and 11, so that kind of like -- that's the only three items. 8 June 12, 2003 Commissioner Regalado: From the regular agenda? Mr. Arriola: Yes, sir. Commissioner Gonzalez: Mr. Chairman, I would like to reconsider the consent agenda. I have two items here that I want to reconsider and bring up for discussion. Commissioner Regalado: OK. Let's first do this. Mr. Manager, you want to withdraw 8? Mr. Arriola: From regular agenda, 8, 11, and 27, but I think you had brought one of them up already, so let's withdraw those three items. Commissioner Regalado: 8, 11 -- Mr. Arriola: And 27. Commissioner Regalado: Oh, 27? Twenty-seven, Commissioner Winton requested, I think. Mr. Arriola: Yeah. Commissioner Regalado: Yeah. To July 24? OK. Commissioner Gonzalez: Motion to defer for -- to July 27? Commissioner Regalado: We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Regalado: It passes. 9 June 12, 2003 The following motion was introduced by Commissioner Gonzalez, who moved for its adoption: MOTION NO. 03-629 A MOTION TO DEFER THE FOLLOWING ITEMS TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR JULY 24,2003: • PROPOSED RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE IMPLEMENTATION OF THE "ADOPT -A -WATERWAY" PROGRAM; AND • PROPOSED ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG') FUNDS, IN THE AMOUNT OF $30,000 TO BOSELLI PROSCIUTTO, INC., $90,000 TO AMAZING MINDS ACADEMY, $90,000 TO NEPTUNE AND SON RESTAURANT AND BEAUTY SHOP, CORP./RESTAURANT AND $60,000 TO NEPTUNE AND SON RESTAURANT AND BEAUTY SHOP, CORP./BEAUTY PARLOR, FROM PREVIOUSLY APPROVED DISTRICT 5 LITTLE HAITI JOB CREATION PILOT PROJECT SET-ASIDE; AND • PROPOSED FIRST READING ORDINANCE AMENDING CHAPTER 35 /ARTICLE IV, ENTITLED "MOTOR VEHICLES AND TRAFFIC/PARKING RATES", OF CITY CODE: (1) ESTABLISHING MONTHLY ON -STREET PERMIT PROGRAM; (2) CHANGING PARKING RATES AT CERTAIN SPECIFIED ON -STREET PARKING LOTS; (3) CHANGING PARKING RATES AT CERTAIN MUNICIPAL PARKING GARAGES; (4) AUTHORIZING RATES AND FEES FOR BAGGED METER/METERED SPACE RENTALS; (5) PROVIDING FOR METER REMOVAL; (6) AUTHORIZING RESTRICTED RESIDENTIAL PARKING PROGRAM; AND (7) INITIATING RATES FOR NEW FACILITIES DURING THE FISCAL YEAR. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. 10 June 12, 2003 4. RECONSIDER PREVIOUS VOTE ON MOTION 03-628 WHICH HAD ADOPTED CONSENT AGENDA. (See Sec. #2) DEFER FOLLOWING UNTIL THIS AFTERNOON: • PROPOSED DENIAL TO PAY ATTORNEYS' FEES AND COSTS INCURRED FOR REPRESENTATION OF POLICE OFFICER WILLIE BELL, IN CASE OF STATE OF FLORIDA VS. WILLIE BELL; AND • PROPOSED DENIAL TO PAY ATTORNEYS' FEES AND COSTS FOR REPRESENTATION OF POLICE OFFICER MOISES MARTINEZ, IN CASE OF STATE OF FLORIDA VS. MOISES MARTINEZ. Commissioner Regalado: Commissioner Gonzalez, you wanted to reconsider. Commissioner Gonzalez: Yes, sir. Specifically, Item CA -11 and CA -12. Commissioner Regalado: OK. Mr. City Attorney, do we need a motion to reconsider? Alejandro Vilarello (City Attorney): Yes, you need a motion to reconsider. Commissioner Regalado: Do you have a motion, Commissioner San -- Commissioner Gonzalez? Commissioner Sanchez: I will make a motion for the pur -- I mean, to open up for discussion. Absolutely. I wouldn't deny anybody the opportunity to discuss the item, so I'll second it. Joe Arriola (City Manager): OK. Commissioner Regalado: OK. We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Gonzalez, who moved for its adoption: MOTION NO. 03-630 A MOTION TO RECONSIDER PREVIOUS VOTE ON MOTION 03-628 WHICH HAD ADOPTED THE CONSENT AGENDA. 11 June 12, 2003 Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Regalado: OK. We are coming back to the consent agenda. Commissioner Gonzalez: Right. Commissioner Regalado: It's a public hearing. You want to discuss 11 and -- Commissioner Gonzalez: 12. Commissioner Regalado: OK. Go ahead, sir. Commissioner Gonzalez: CA -11, I would like to reserve the -- reverse the recommendation and accept the payment of reasonable attorneys' fees and costs in the cases of Officer Willie Bell. That's on CA -11. In the case of Officer Willie Bell -- in the case of the State of Florida versus Willie, and the reason is that the State Attorney's Office agreed not to prosecute the case, so you know, after these police officers was taken throughout all the ordeal of the accusations and a case against him, and all of that, we should -- I believe that we should contribute to pay his legal defense, as it happens with any other -- with any elected official or official of the City of Miami. Especially the officer wasn't found guilty, and as a matter of fact, he was not even prosecuted, and I'm proposing that we agree to pay reasonable attorneys' fees, not -- and I don't know if, Mr. City Attorney, you agree with that. Mr. Vilarello: Within the memorandum, I've provided you the request for the payment of attorneys' fees, and we've independently examined -- Commissioner Gonzalez: OK. Mr. Vilarello: -- the fees and determined that $30,000 would be a reasonable attorneys' fees -- Commissioner Gonzalez: So -- Mr. Vilarello: -- for this case. 12 June 12, 2003 Commissioner Gonzalez: -- my motion on this, on CA -11 will be to approve the payment of reasonable attorneys' fees, which have been estimated at $30,000, in the case of Officer Willie Bell. Mr. Arriola: Commissioner, let me make it easier for all of you. Let me withdraw those two items, and -- because I think that everybody feels really strongly about both CA -11 and CA -12, and -- Commissioner Gonzalez: Right, that also includes -- Mr. Arriola: Yes. Commissioner Gonzalez: -- Officer Moises Martinez -- Mr. Arriola: Yes. Commissioner Gonzalez: -- which I also agreed that -- Mr. Arriola: I'll just withdraw the motion, and we'll go ahead and -- Mr. Vilarello: OK, well, as I understand it, then you would be changing your recommendation -- Mr. Arriola: Yes, sir. Mr. Vilarello: -- and the res -- Mr. Arriola: Yes. Mr. Vilarello: -- the Commission would still have to pass a resolution authorizing the payment -- Commissioner Gonzalez: OK. Mr. Vilarello: -- of the reasonable attorneys' fees. Commissioner Gonzalez: So -- Mr. Arriola: That's fine. Commissioner Gonzalez: -- you want to pull them? Mr. Arriola: Yes. Commissioner Gonzalez: OK. Commissioner Regalado: So you want to defer that, CA -11 -- CA -12? 13 June 12, 2003 Mr. Arriola: No, I'm going to change my recommendation. I'm going to pull them now, and I'm going to -- Commissioner Regalado: Oh, you're going to -- Mr. Arriola: --next -- Commissioner Regalado: -- do it now? Mr. Arriola: No, I think we have to come to next Commission meeting. Mr. Vilarello: No, sir. You can change the recommendation, and the City Commission can take action based on your recommendation -- Mr. Arriola: So we could do it -- Mr. Vilarello: -- today. Mr. Arriola: -- right now? Mr. Vilarello: Yeah. Mr. Arriola: OK, well, let's do it that way. Commissioner Gonzalez: Do you agree then with the -- Mr. Arriola: Yes, sir. Commissioner Gonzalez: -- assessment of $30,000 -- Mr. Arriola: Yes, sir. Commissioner Gonzalez: -- in the case of Willie Bell and 25,000 in the case of the other officer? Mr. Arriola: Yes, sir. Commissioner Gonzalez: OK, so I move then to pay reasonable attorney fees in these two cases. That would be my motion. Commissioner Regalado: Well, what you do is you amend these two resolutions and we vote on the whole consent agenda, right? Mr. Vilarello: Correct. Commissioner Gonzalez: Right. 14 June 12, 2003 Mr. Vilarello: The Manager recommendation has changed, and the City Commission would approve the payment of reasonable attorneys' fees as noted on -- in each memorandum. Commissioner Regalado: OK, let the record show that the City Manager has changed his recommendation, and we're -- we have -- we're going back to the consent agenda. Commissioner Sanchez: Let -- Mr. Chairman, if I may. Commissioner Regalado: Yes, sir. Commissioner Sanchez: Let me tell you where I have a problem with this. These cases were pretrial intervention. In other words, although they were not found guilty, they either pleaded or worked out a deal with the State Attorney's Office, and therefore, there were no pros, and I am one to say that any police officer who's found not guilty in any court of law and comes to this Commission, not that we shall -- we -- that we should, we shall pay for his attorneys' fees, and I've always said that, but when they plea bargain and they enter in an agreement, and it's a nol- prossed -- a pretrial intervention, no prossed, then I have a problem with that because what's going to happen is a lot of police officers are going to get to that situation, work out a deal with the State Attorney's Office, and then they come in front of us, and then we're going to have to be faced with a decision to pay their fees or not, and here we're setting a precedent that I consider to be a bad precedence, so I cannot support this -- these -- Commissioner Regalado: OK. Commissioner Sanchez: -- two items. Mr. Vilarello: Mr. Chairman. Commissioner Regalado: OK, one second. Why don't we take these two items off the consent agenda and discuss it when there is a full board, so you know, there could be a debate on that, and Chairman Sanchez will present his case, and whatever other Commission member decide, so do we need a motion to take these two items -- Mr. Vilarello: The Chair -- Commissioner Regalado: -- off the consent agenda and discuss it later when the full board is here? Mr. Vilarello: The Chair can recognize Commissioner Gonzalez's request to remove it from the consent agenda and hear it later in the day. I just do want to correct one issue and urge you at a - - when you discuss this item at a later time, that the two cases are different, slightly different. There's a factual difference in what Chairman Sanchez just said. One was nol-prossed because of a pretrial diversion program. The other one was nol-prossed because the State Attorney's Office was not prepared to go forward and was -- a continuance was not granted, so the State Attorney's Office nol-prossed the case; slightly different. I just want to make sure that you take the cases up one -- on a case-by-case basis. 15 June 12, 2003 Commissioner Sanchez: Well, CA -11 is a pretrial intervention -- Mr. Vilarello: You're correct, yeah. Commissioner Sanchez: -- and 12 is a no-prossed. Mr. Vilarello: They're both nol-prossed, just for different reasons; one's an intervention -- a pretrial intervention -- Commissioner Sanchez: We'll debate it in the afternoon. Commissioner Gonzalez: All right, so I move to defer it to the afternoon then. Commissioner Regalado: OK. We have a motion and a second to defer items 11 and 12 on the consent agenda to when we have a full board, or whatever the Chairman wishes to do when he gets here. All in favor, say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Gonzalez, who moved for its adoption: MOTION NO. 03-631 A MOTION TO DEFER THE FOLLOWING UNTIL THIS AFTERNOON: 7NCURRED PROPOSED DENIAL TO PAY ATTORNEYS' FEES AND COSTS FOR REPRESENTATION OF POLICE OFFICER WILLIE BELL, IN CASE OF STATE OF FLORIDA VS. WILLIE BELL; AND • PROPOSED DENIAL TO PAY ATTORNEYS' FEES AND COSTS FOR REPRESENTATION OF POLICE OFFICER MOISES MARTINEZ, IN CASE OF STATE OF FLORIDA VS. MOISES MARTINEZ. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Regalado: OK. We go back to the consent agenda. Anything else on the consent agenda? You want to move it? 16 June 12, 2003 Commissioner Gonzalez: Move the consent agenda. Commissioner Sanchez: Second. Commissioner Regalado: We have a motion and a -- Commissioner Sanchez: Second. Commissioner Regalado: -- second. All in favor, say "aye." The Commission (Collectively): Aye. 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 Gonzalez and seconded by Commissioner Sanchez, the consent agenda items were passed by the following vote: AYES: Commissioner Angel Gonzalez Chairman Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Regalado: Within the consent agenda, we accept the report from the Civil Service Board, OK. 4.1 ACCEPT BID OF WIS' S ENGINEERING FOR PROJECT ENTITLED "LITTLE HAVANA STREET & SIDEWALK IMPROVEMENT PROJECT, B-4657," TOTAL ESTIMATED PROJECT COST $41,500; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROJECT. RESOLUTION NO. 03-632 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID OF WIS' S ENGINEERING, FOR THE PROJECT ENTITLED "LITTLE HAVANA STREET & SIDEWALK 17 June 12, 2003 IMPROVEMENT PROJECT, B-4657," IN THE PROPOSED AMOUNT OF $33,794 FOR CONTRACT COSTS PLUS $7,706 FOR EXPENSES INCURRED BY THE CITY, FOR A TOTAL ESTIMATED PROJECT COST OF $41,500, AS SET FORTH IN THE TABULATION OF BIDS AND THE DEPARTMENT OF CAPITAL IMPROVEMENTS FACT SHEET, ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 341324; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 4.2 ACCEPT BID OF PRESTIGE ELEVATOR, INC. FOR ACQUISITION OF ELEVATOR MAINTENANCE SERVICES TO BE UTILIZED BY VARIOUS USER DEPARTMENTS AND AGENCIES, $33,720; ALLOCATE FUNDS FROM OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS AND AGENCIES. RESOLUTION NO. 03-633 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF PRESTIGE ELEVATOR, INC. FOR THE ACQUISITION OF ELEVATOR MAINTENANCE SERVICES TO BE UTILIZED BY VARIOUS USER DEPARTMENTS AND AGENCIES, ON AN AS -NEEDED CONTRACT BASIS FOR A TWO-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, AT AN ESTIMATED ANNUAL AMOUNT NOT TO EXCEED $33,720, SUBJECT TO INCREASES DUE TO THE ADDITION OF NEW FACILITIES AS NEEDED, AND AS ALLOWED BY CONDITIONS OF THE BIDS; ALLOCATING FUNDS FROM THE OPERATING BUDGETS OF THE VARIOUS USER DEPARTMENTS AND AGENCIES, SUBJECT TO BUDGETARY APPROVAL. 18 June 12, 2003 4.3 ACCEPT BIDS OF VARIOUS VENDORS FOR PROVISION OF AUTO BODY REPAIRS AND PAINTING SERVICES, FOR DEPARTMENT OF MUNICIPAL SERVICES, FLEET MANAGEMENT DIVISION, TOTAL CONTRACT AMOUNT $3,200,000; ALLOCATE FUNDS FROM ACCOUNT CODE NOS. 503001. RESOLUTION NO. 03-634 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BIDS OF VARIOUS VENDORS, AS LISTED IN "EXHIBIT A," ATTACHED AND INCORPORATED, FOR THE PROVISION OF AUTO BODY REPAIRS AND PAINTING SERVICES, FOR THE DEPARTMENT OF MUNICIPAL SERVICES, FLEET MANAGEMENT DIVISION ON AN AS -NEEDED CONTRACT BASIS FOR A TWO-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE- YEAR PERIODS, AT AN ESTIMATED ANNUAL AMOUNT NOT TO EXCEED $800,000, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $3,200,000; ALLOCATING FUNDS FROM ACCOUNT CODE NOS. 503001.420905.6.670, IN THE AMOUNT OF $140,000 (FY 2003), $560,000 (FY 2004) AND HEAVY FLEET DIVISION ACCOUNT CODE NO. 509000.420901.6.670, IN THE AMOUNT OF $12,500 (FY 2003) AND $87,500 (FY 2004), SUBJECT TO BUDGETARY APPROVAL FOR SAID AMOUNTS AND EACH YEAR THEREAFTER FOR THE TERM OF THE CONTRACT. 4.4 AUTHORIZE MANAGER TO EXECUTE MUTUAL AID AGREEMENT BETWEEN CITY AND CITY OF SWEETWATER FOR MUTUAL ASSISTANCE FOR ROUTINE AND LAW ENFORCEMENT INTENSIVE SITUATIONS. RESOLUTION NO. 03-635 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MUTUAL AID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE CITY OF SWEETWATER PURSUANT TO CHAPTER 23, FLORIDA STATUTES, FOR MUTUAL ASSISTANCE FOR ROUTINE AND LAW ENFORCEMENT INTENSIVE SITUATIONS. 19 June 12, 2003 4.5 AUTHORIZE MANAGER TO EXECUTE ADDENDUM TO SOUTH FLORIDA MONEY LAUNDERING STRIKE FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT WITH FLORIDA DEPARTMENT OF LAW ENFORCEMENT AND OTHER LAW ENFORCEMENT AGENCIES TO FURTHER ESTABLISH EACH PARTICIPATING AGENCY'S RESPONSIBILITY TO ACCEPT ANY AND ALL LIABILITY RESULTING FROM MANNER IN WHICH THEIR PERSONNEL ASSIGNED TO SOUTH FLORIDA MONEY LAUNDERING STRIKE FORCE OPERATE THEIR ASSIGNED VEHICLES. RESOLUTION NO. 03-636 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADDENDUM, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE SOUTH FLORIDA MONEY LAUNDERING STRIKE FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT, WITH THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT AND OTHER LAW ENFORCEMENT AGENCIES, TO FURTHER ESTABLISH EACH PARTICIPATING AGENCY'S RESPONSIBILITY TO ACCEPT ANY AND ALL LIABILITY RESULTING FROM THE MANNER IN WHICH THEIR PERSONNEL ASSIGNED TO THE SOUTH FLORIDA MONEY LAUNDERING STRIKE FORCE OPERATE THEIR ASSIGNED VEHICLES. 4.6 AUTHORIZE ACQUISITION OF TWO TYPE -C 2003 FORD CARGO VANS, $36,902, AND ONE 2003 TYPE -A FORD CARGO VAN, $14,568, FROM PALMETTO FORD, UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 070-001-03-1, $51,470; ALLOCATE FUNDS FROM LOCAL LAW ENFORCEMENT BLOCK GRANT VII, $36,902 AND LAW ENFORCEMENT TRUST FUND, $14,568. RESOLUTION NO. 03-637 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ACQUISITION OF TWO TYPE -C 2003 FORD CARGO VANS, WITH OPTIONAL EQUIPMENT, EACH WITH AN EXTENDED SIX-YEAR, 100,000 MILE WARRANTY, IN AN AMOUNT NOT TO EXCEED $36,902, AND ONE 2003 TYPE -A FORD CARGO VAN, UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 070-001-03-1, EFFECTIVE UNTIL SEPTEMBER 30, 2003, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS, FOR A TOTAL PROPOSED AMOUNT NOT TO EXCEED $51,470; ALLOCATING FUNDS FROM THE LOCAL LAW ENFORCEMENT BLOCK GRANT VII, ACCOUNT CODE NO. 142023.290539.6.840, IN THE AMOUNT OF $36,902, AND THE LAW ENFORCEMENT TRUST FUND, PROJECT NUMBER 690001, IN THE AMOUNT OF $14,568, SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH FLORIDA STATE STATUTE, 932.7055, AS AMENDED. 20 June 12, 2003 4.7 AUTHORIZE MANAGER TO EXECUTE MANAGEMENT AND OPERATING AGREEMENT, BETWEEN CITY AND DEPARTMENT OF OFF-STREET PARKING FOR MIAMI WATERSPORTS CENTER (FORMERLY KNOWN AS VIRRICK GYM/WATERSPORTS COMPLEX), FOR CONSTRUCTION MANAGEMENT OF SITE WORK AND PARKING FACILITY OPERATIONS AT 2600 SOUTH BAYSHORE DRIVE, WITH FUNDS FOR SAID CONSTRUCTION TO BE REIMBURSED BY CITY TO DOSP FOR CONSTRUCTION OF PARKING LOT, PUBLIC BAYWALK AND RELATED WATERSPORTS SITE IMPROVEMENTS. RESOLUTION NO. 03-638 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MANAGEMENT AND OPERATING AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE DEPARTMENT OF OFF-STREET PARKING FOR THE MIAMI WATERSPORTS CENTER (FORMERLY KNOWN AS VIRRICK GYM/WATERSPORTS COMPLEX), FOR CONSTRUCTION MANAGEMENT OF SITE WORK AND PARKING FACILITY OPERATIONS AT 2600 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, WITH FUNDS FOR SAID CONSTRUCTION TO BE REIMBURSED BY THE CITY TO DOSP FOR THE CONSTRUCTION OF THE PARKING LOT, PUBLIC BAYWALK AND RELATED WATERSPORTS SITE IMPROVEMENTS FROM FUNDS PREVIOUSLY APPROPRIATED PURSUANT TO CAPITAL IMPROVEMENT APPROPRIATION ORDINANCE NO. 12280. 4.8 AUTHORIZE CITY MANAGER TO EXECUTE INTERLOCAL AGREEMENT BETWEEN CITY AND CITY OF WEST MIAMI FOR CITY'S PARTICIPATION IN COOPERATIVE PROJECT TO DESIGN, CONSTRUCT AND MAINTAIN FORCE MAIN ALONG SOUTHWEST 64TH AVENUE. RESOLUTION NO. 03-639 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY) AND THE CITY OF WEST MIAMI FOR THE CITY'S PARTICIPATION IN A COOPERATIVE PROJECT TO DESIGN, CONSTRUCT AND MAINTAIN A FORCE MAIN ALONG SOUTHWEST 64TH AVENUE, MIAMI, FLORIDA. 21 June 12, 2003 4.9 AUTHORIZE ENGAGEMENT OF COUNSEL, $50,000, FOR REPRESENTATION OF CITY RELATED TO VARIOUS APPELLATE MATTERS; ALLOCATE FUNDS FROM SELF-INSURANCE AND INSURANCE TRUST FUND APPLICABLE ACCOUNT CODES. RESOLUTION NO. 03-640 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ENGAGEMENT OF COUNSEL, IN AN AMOUNT NOT TO EXCEED 50,000, PLUS COSTS, FOR REPRESENTATION OF THE CITY OF MIAMI RELATED TO VARIOUS APPELLATE MATTERS AS NEEDED; ALLOCATING FUNDS PLUS COSTS AS APPROVED BY THE CITY ATTORNEY, FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND APPLICABLE ACCOUNT CODES. 4.10 ACCEPT REPORT FROM CIVIL SERVICE BOARD. MOTION NO. 03-641 A MOTION ACCEPTING A REPORT FROM CIVIL SERVICE BOARD. 5. ORAL PRESENTATION BY SAM MASON, CHAIRPERSON OF EQUAL OPPORTUNITY ADVISORY BOARD. Commissioner Regalado: We have -- what is -- we have Mr. Sam Mason from the Equal Opportunity Board, and he is -- he has an engagement in -- later on. He has asked if we can hear his report. He's a part of the boards that will be reporting to the Commission. Mr. Mason, you want to come in. Elena, you go after that, after Mr. Mason. Can we do it? OK. Mr. Chairman, we -- Mr. Mason has to leave. He has to leave town, and he has requested for a brief presentation on the EEO Board, the Equal Opportunity Advisory Board. Mr. Mason, good morning. Sam Mason: Good morning, sir. Commissioner Regalado: You're recognized. Mr. Mason: Thank you. Chairman, distinguished Commissioners, our Manager, ladies and gentlemen, the question is how far have we come. Some people are saying not far. We are saying we came a long ways. I'd like to take you on a little trip. During the consent decree days, the employee, the demographics in the City of Miami was nothing to be real proud of, but today we can say that we came a long way. We have 87.8 percent minority participation in the City of Miami workforce. That is tremendous. We have 31 percent women. We have 18 percent black males. We have 38 percent Hispanic males. This is goals that our board is working to try to maintain in the City. We're working with other groups to try to make the workforce a better place, and we're proud to bring you this report stating that very few cities, I think in the United States, could say that they have the record that we have as it relates to diversity in the workforce. Thank you very kindly. I'm open for any questions. 22 June 12, 2003 Commissioner Regalado: I just to say, Sam, that you guys are doing a very, very good work in the Equal Opportunity Advisory Board, and I read everything you send, so I thank you. Mr. Mason: Thank you, sir. Commissioner Regalado: Mr. Chairman, we are now in the personal appearances. That's the agenda items. Note for the Record: Chairman Winton entered Chambers at 9:45 a.m. Chairman Winton: What's the next one? Commissioner Regalado: Personal appearances. After the consent agenda -- consent agenda is done. Proclamations are done, and we are in personal appearances now. We have -- Chairman Winton: OK, great. Thank you very much and appreciate the help this morning. 6. COMMENTS BY MS. ELENA CARPENTER, INVITING COMMISSION TO COMMUNITY TO COCONUT GROVE TOWN HALL MEETING ON MONDAY, JUNE 23, 2003 AT 7:00 P.M. AT MIAMI CITY HALL CHAMBERS, 3500 PAN AMERICAN DRIVE. Chairman Winton: I guess we're on Item 2, and that is personal appearance, Elena Carpenter. Good morning. Elena Carpenter: Good morning, sir. Good morning. Elena Carpenter, president, Mass Media Enterprises, with offices at 2980 McFarlane Road, in Coconut Grove. I thank you all for the opportunity. As you all know, we publish community publications in the various municipalities, Miami, South Miami, and Coral Gables. For the last several years, our City of Miami publications, the Brickell Post and Coconut Grove Times, have hosted and sponsored the town hall meeting, and this year we're at it again, and we are happy to have this brief opportunity before you to invite you all of the City of Miami, but above all, all of the viewers of the City of Miami television and the citizenry to come and join us on Monday, June 23, at 7 p.m., here at Commission chambers. We have already confirmed the attendance of our panel so far, which is Miami Mayor Manny Diaz, District 2 Commissioner Johnny Winton, our City Attorney Alex Vilarello, Police Chief John Timoney, Fire Chief Shorty Bryson. We have from the County, the County Chairperson Dr. Barbara Carey -Shuler, our County Commissioner Jimmy Morales, our State Attorney Kathy Fernandez -Rundle, and we're hoping soon from a confirmation from our City Manager -- Chief Administrator's office, and we look forward to having the citizenry be able to have the opportunity of dealing with all of their elected officials and ask all of their questions, so again, thank you for the opportunity of allowing our viewers, and also allowing us to reiterate our invitation to all of the staff of the City of Miami. Thank you very much. Chairman Winton: Thank you. 23 June 12, 2003 7. AUTHORIZE MANAGER TO WAIVE FEES $778, FOR PERMIT AND ADMINISTRATIVE FEES AND EQUIPMENT RENTAL FEES, FOR PROJECT "CAREFUL" (CHURCHES ASSISTING THE ENVIRONMENT THROUGH FAITH, UNITY AND LOVE) EVENT SCHEDULED TO TAKE PLACE ON JULY 19, 2003. Chairman Winton: The next personal opinion is -- I believe it's Pastor Stepheon Weech. Maybe I pronounce -- please -- Stepheon Weech: Morning. Stephen Weech. Chairman Winton: Weech. Mr. Weech: Yes. Chairman Winton: My apologies. Good morning. Mr. Weech: Oh, no problem. How are you? Yes, I'm standing before you right now to ask for in-kind services from the City for a particular event called project CAREFUL (Churches Assisting and Revitalizing the Environment through Faith, Unity, and Love) that's going to take place on July 19, in Liberty City. Project CAREFUL is the acronym for Churches Assisting and Revitalizing the Environment through Faith, Unity, and Love, and this is a project that will pretty much educate and empower the community. We're going to have colleges out there, voter registration, health organizations, and a collective and collaborative effort of many organizations to educate and empower the community, so I'm here before you to ask if the City will provide the in-kind service for the entire event. Chairman Winton: Do we have staff recommendation on this? Lina Blanco: Lina Blanco, Special Events Coordinator. The staff recommendation is to waive the permit administration fees and equipment rental, for a total of $778, due that the special events account has been depleted. Chairman Winton: You weren't here at our last meeting, but we had, as we do today, I think we have -- what do we have, four or five requests in here today. We have -- we had four or five last time. We had four or five or six every single time, and our entire special events budget for the year was used up completely before last Commission meeting, so there is no budget left for additional things beyond permit waivers, but the waivers of fees for police services and fire services and solid waste services, there just isn't any money left in the budget because it's already been all used up, and that amount, by the way, that the taxpayers have -- the bill we footed is half a million dollars, so it isn't a significant amount, and obviously, we've got more work to do in that regard. Commissioner Regalado. Commissioner Regalado: Since we don't have funds to contribute, but we do have the power to waive the fees that otherwise you would have to pay to the City for the showmobile -- is it a showmobile? -- and the closing -- street closure permits -- 24 June 12, 2003 Ms. Blanco: Yes. Commissioner Regalado: -- I move that the City waive the fees as presented by the Administration. Chairman Winton: We have a motion. Commissioner Gonzalez: What are the fees again, for the showmobile? Ms. Blanco: The -- no. The fees are $100 for the permit for police, administrative surcharge of police, $270; a fire assembly permit fee of $55; administration fees of $48, and solid waste rental fees of $305. The showmobile he has requested, and it's taken that day through the City. We have asked Bayfront Park -- and there's $184 of labor, and we don't have the right to waive Bayfront Park, so I explained to him that it's not included here, unless you can include that for him. Commissioner Gonzalez: OK, so what is the total amount of the waiver? Ms. Blanco: Seven hundred and eight -- $778. Commissioner Gonzalez: All right. I second the Chairman. Chairman Winton: So we have a motion and a second. Discussion. Chairman Sanchez: I said the Chairman. I second the motion. Chairman Winton: Oh, what did I say? Did -- Commissioner Gonzalez: I said I second the Chairman. Chairman Winton: So it wasn't what I said, 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. The motion carries. The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 03-642 A MOTION AUTHORIZING THE CITY MANAGER TO WAIVE FEES, IN AN AMOUNT NOT TO EXCEED $778, FOR PERMIT AND ADMINISTRATIVE FEES AND EQUIPMENT RENTAL FEES, FOR THE PROJECT "CAREFUL" (CHURCHES ASSISTING THE ENVIRONMENT THROUGH FAITH, UNITY AND LOVE) EVENT WHICH IS SCHEDULED TO TAKE PLACE ON JULY 19, 2003. 25 June 12, 2003 Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Commissioner Sanchez: In-kind? Chairman Winton: Yeah, and what you've heard today is the same thing, unfortunately, everyone heard last week, everyone else is going to hear every week until we get into our new budget cycle, so -- Mr. Weech: I appreciate it. I just wanted to say that it kinds of puts us in the straight because I didn't get wind of this until, I believe, the beginning of this month, and we've been in planning for approximately a year, and to say, hey -- Chairman Winton: Well -- Mr. Weech: I understand the position, but understand where we are also. Chairman Winton: And I am appreciative of the bind that put you in. That's -- you know, I feel bad about that, but -- and some way or another, we've got to do a better job in the future about communicating how this whole thing's going to work so that people don't, six to eight months in advance, get their expectations up, and I tell you, I've struggled with this whole thing, as my fellow Commissioners will tell you, from day one, and Commissioner Regalado and I, he has a different view certainly than I do, and -- because my view is we shouldn't be doing any of this, but -- Commissioner Regalado: My view is we should do it all. Chairman Winton: Exactly, so see we're at kind of opposite ends of the spectrum, but we have half a million taxpayer dollars into these kinds of things, and there's a never -- and this isn't about you, but there is a never -- not only never-ending, but a growing volume of requests ever year since I've been here. This request thing gets larger and larger and larger and larger, and the fundamental question is how much should the taxpayers pay for all of this volunteer work that's going on out in communities that may be really good work, but is it really the taxpayers' job to meet -- to pay for all that. We haven't -- we don't have agreement up here, so it's just kind of a philosophical question right now. 26 June 12, 2003 Mr. Weech: Well, I thank and I want to publicly acknowledge Ms. Blanco for her tremendous support and help, and I thank you Commissioners for listening to me this morning. Chairman Winton: And thank you for coming. Mr. Weech: Thank you. Commissioner Gonzalez: Mr. Chairman. Chairman Winton: Yes. Commissioner Gonzalez: Just a comment on the issue -- Chairman Winton: Yes, sir. Commissioner Gonzalez: -- of all of these festivals and waiving fees right and left. Right now we are going to be confronting a very, very critical situation, and that is with the CDBG (Community Development Block Grant) appropriation monies for social services. We are going to have I don't know how many hundreds of senior citizens that are not going to be able to have their meals in different centers, and I don't know the rest of the Commission, but my office has been flooded with calls, and you know -- and actually, we don't have any money from US HUD (United States Department of Housing and Urban Development). We are -- you know, the money is limited, and I agree with having festivals, and I agree with having parties everyday in the City. I think, you know, it make us look happy, and you know -- and everybody enjoy parties and musics [sic] and festivals and carnivals, and so on, and so on, and so on, but I think providing meal for these elderly people that don't have other resources is very important, and we're going to hear about it. I mean, it's going to be -- you know, it's a critical situation what is happening right now. Chairman Winton: The CBD [sic] social service piece of this is a disaster for our City. Commissioner Gonzalez: It's a disaster. Chairman Winton: Total disaster. Commissioner Gonzalez: And there has been cut from Washington, and there has been -- Chairman Winton: Right. Commissioner Gonzalez: -- cut from the State Legislature, and you know the worst part about it is that we here are trying to do the best we can with the resources that we have, and finally, the blame is going to be on top of us. I had a radio commentator yester -- call me last night, and I was on the phone with him for about an hour, and you know, he didn't seem to understand what the problem is, and I told him, I said, listen, there is nothing we can do. Chairman Winton: Right. 27 June 12, 2003 Commissioner Gonzalez: Yeah, well, but these people vote for you Commissioners. Yeah, but they also vote for the state representative, and they also vote for the governor, and they also vote for the president, so you know, don't put the load on the City Commission because, you know -- I mean, the Secretary of Elderly Affairs is a Hispanic lady that was in charge of these elderly centers. Well, she is next to the President, and she has a big checkbook, so you know, it's time to start writing checks, and don't put it on the City Commission's lap because there is nothing that we can do, and I'm saying this so the public that is looking at this meeting today know where we stand; that we are limited; that, by law, there is only so much that we can do in social services, and you know -- Chairman Winton: Yes, sir. Commissioner Regalado: Mr. Chairman, I think that what Angel has said, it's important, and go -- I go back an issue that I have been trying to push for seven and a half years now, and is an effective information campaign. The only entity that has not cut funds for the senior centers dining rooms is the City of Miami, the only one, and yet, they're telling the people that -- the people that run those places, they are telling the people to call us, so if we don't act, they have to close down, and the fact of the matter is that it's the state that cut the funds, and it's the federal government that cut the funds. I mean -- I think we've been caught off guard. We should have done -- Chairman Winton: You know, Commissioner Regalado, what you might do -- and bring it back for the Commission meeting, or if you think of it by this afternoon -- you might think about -- because I think your idea's a good one. We need to have an effective public campaign that gets this message out. You might think about what that campaign might look like and how we might execute it, and bring back a recommendation that we'll -- that I'd certainly support. Commissioner Regalado: I will do it this afternoon. I think I have an idea of what we can do, but -- although we will clarify the situation, it doesn't solve the situation because they're going to have to take measures. I am going to give you a report by HUD, and it's very interesting because of the 3 million persons 55 and older in the state of Florida, 60 percent is in Miami -Dade County, and of the 60 percent, 70 percent is in the City of Miami. It's incredible. The numbers are staggering. We have 31 HUD buildings in the City of Miami. We have 5,000 Section 8 (low-income housing) apartments in the City of Miami, so I mean, the highest concentration of elderly residents of all South Florida is within the municipality of Miami. Chairman Winton: And yet, they figured out that they could cut our funding by 21 percent because of some new, dumb allocation. Yes, sir, Commissioner Sanchez. Commissioner Sanchez: Well, Mr. Chairman, since we're on the subject, large percentage of those clients are in my district. I rep -- I have five elderly centers in my district that are -- three of them are very large, and I also have been bombarded with calls as to, you know, the cuts, and it's hard to explain to them that we are doing with what we have, and although that my office, which I believe that the Commission itself made a commitment to the elderly and child care, which are two basic necessities in throughout the City, the phone calls that we receive, they're 28 June 12, 2003 pretty upset, and I know that in -- we had to make some cuts because I know that the -- you know, the Commissioners had to take care of -- I mean, they had reductions, and they had to move on. I know that Commissioner Angel Gonzalez contributed to some of my elderly center, so did Commissioner Gon -- Regalado contributed to some of my centers, and with the reduction, you know, it's hard to explain. I just reduced -- my contribution was a reduction of $10,000, I think, which was minimal `cause I had to put some money aside into some other social services, so I have also been bombarding, and it's very, very hard to explain to them that, listen, we're faced with a 21 percent reduction, and you know, we're going to do with what we have, so it is a tough burden on all of us, but you know, that's the reality that we're faced with. 8. AUTHORIZE MANAGER TO WAIVE FEES $1,880 FOR PERMIT AND ADMINISTRATIVE FEES, FOR "PEACE IN THE HOOD" FESTIVAL WHICH IS SCHEDULED TO TAKE PLACE ON AUGUST 16, 2003. Chairman Winton: OK. We're on Item 4, the Albert Leroy Moss Foundation. Yes, sir. We need your name -- Demetrius Allen: Yeah. Chairman Winton: -- and address for the record, please. Mr. Allen: Demetrius Allen, and this is the Peace Festival that last -- Chairman Winton: I need your name and address -- Mr. Allen: Oh -- Chairman Winton: -- for the record. Mr. Allen: -- Demetrius Allen, 9315 Little River Drive. Chairman Winton: Thanks. Commissioner Sanchez: The what festival? Mr. Allen: The Peace Festival. Commissioner Sanchez: Peace? Lina Blanco (Special Events Coordinator): Peace in the Hood Festival. Mr. Allen: Yeah. Commissioner Sanchez: Peace in the Hood. Mr. Allen: Peace in the Hood Festival. 29 June 12, 2003 Ms. Blanco: In the hood. Chairman Winton: OK, go ahead. Mr. Allen: I heard -- I was sitting and I heard what you were saying about the things that -- because really like over a year -- I mean, I did it last year. The City sponsored it last year as a pocket item. It went off very well, and I mean, it's a festival that we deal with peace, AIDS (Acquired Immune Deficiency Syndrome) awareness, and all of the scholarship for the inner-city kids, and stuff like that, and I mean, like over 50,000 came out last year, but my thing is that with the budget cut, you know, I ain't really know about it either, you know, that's why I prepared way before, and I thought I was ahead of the ball, you know, but -- you know, I heard you talking about it, but you know, I'm just -- I was really here to ask for in-kind services, the police, the same thing went on as last year because it's like the economy is slumping, too; Coca-Cola, everybody, and they look at it second annual -- it ain't 27th annual -- Chairman Winton: Right. Mr. Allen: -- and, you know, they pulling back, and it's unfortunate, you know, it's like that, you know, and I been on top of big corporate sponsors. I mean, doing it the right way, nonprofit, 501(c)3, and you know, just that it's -- you know, it's like it's tough, so I was here today to ask for in-kind service with the police, and the stage -- the City stages, as well as last year. Commissioner Sanchez: I have a question. Is Peace in the Hood a 501(c)? Mr. Allen: Yeah. Commissioner Sanchez: It is a 501(c)? And this is your second annual? Mr. Allen: Second annual. Commissioner Sanchez: Do you have a budget of what it's going to take to put the -- Mr. Allen: Lina have it right there, for the police and everything. Commissioner Sanchez: Lina, can you -- Ms. Blanco: The entire, with the labor cost, is 16,184. Staff is recommending a waivable fees of 1,880. Commissioner Sanchez: You know, sooner or later, we're going to have to draw the line on this, gentlemen. I mean -- Chairman Winton: We've -- I think we did last week, you know, or two weeks ago. It's -- Ms. Blanco: Right. 30 June 12, 2003 Chairman Winton: -- if you don't -- Commissioner Sanchez: I mean, great org -- I mean, they're good organizations, but we continue to have organizations that come here to ask for funds, and I mean, we find ourselves -- every Commission meeting, we have five or six organizations that are coming in front of us asking to put an event together, and I mean, we're spending money. I mean, even if it's in-kind services, we are spending money. People need to realize that it's coming out of somebody else's pocket, and that's why there's been a strong push from me to get this committee together, entertainment committee, and have somebody else deal with that; have a budget, and you know, we don't need this. I mean, because when we vote against it, we're the bad guys, and it's really that -- it's something that really should not be seen on Net -9. People are coming here and saying, well, are they a good organization? Do they have a track record? There's a lot of questions that aren't asked, and we continue to be nice people saying, oh, we'll waive it and waive it, but we're going to have to draw the line on this issue because, you know, I've been approached out there saying, hey, you -- anybody that goes in front of the Commission, you guys give them something. I mean, sometimes you have to say no. Commissioner Regalado: Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Regalado: Excuse me. What we've done with the other gentleman, and what we can do for him, is waive some of the fees that the City would charge him if he just decides to have this event. Now, if he doesn't have the event, the City will not be getting a penny -- Ms. Blanco: Correct. Commissioner Regalado: -- so I don't see anything wrong in waiving fees that if you don't have an event, you would not get the money, and if you have an event that benefits the community, and the only thing we have to do is not get profits from that event, to me, that's fine. If we have to use some money -- and later on in the agenda, I have a blue page item on this situation that is different, but that is the other issue that we have to discuss, but in this case, if he leaves now and decides not to have the event, the City would not be getting $1,800 because there is nothing there. It's empty air, empty -- it's like when you -- Commissioner Sanchez: The City doesn't make any money. Commissioner Regalado: -- don't sell advertising in the radio, you can't sell it the next day because it's empty air, so that's -- Commissioner Sanchez: Commissioner, the City doesn't get any money. You stated that your organization does AIDS awareness and AIDS -- Mr. Allen: Yeah, we do AIDS awareness, nonviolence. The mission is AIDS awareness, nonviolence, and scholarship to go to broadcasting school. 31 June 12, 2003 Commissioner Sanchez: Well, the Mayor just had an AIDS campaign with inner-city children last month. Mr. Allen: Yeah, but the Mayor festival is not like the Peace festival. This is the biggest festival in Liberty City. No festival is bigger than this, no festival, and it bring in actually tourism. People come from West Palm Beach for the festival. It's for the local guy who allegedly got accidentally killed, DJ Uncle Al, September 10 -- before September 10. This festival bring in thousands of people, thousands. It's no festival -- even Martin Luther King -- no festival is bigger than that, no festival. Commissioner Sanchez: You know, Mr. Chairman -- Commissioner Regalado: I move that we waive the fees, the City fees. Chairman Winton: We have a motion -- Commissioner Sanchez: You know, it won't be fair if I say no now because we waived it for everybody, you know. Till we draw the line and I get a consensus from my colleagues -- Chairman Winton: Well, he -- Commissioner Sanchez: -- that we're not going to do this anymore, then I'm prepared to do that. Chairman Winton: Hold on. Your motion is to waive the fees that the Manager has recommended; is that not correct? Commissioner Regalado: Yeah. Chairman Winton: So -- Commissioner Regalado: That's it. Chairman Winton: --which is the permit fees and all that j azz. Commissioner Sanchez: What's the total? Ms. Blanco: A thousand, eight hundred and eighty dollars. Commissioner Sanchez: Is that your motion? Chairman Winton: Yes. Commissioner Sanchez: All right. I'll second it. 32 June 12, 2003 Chairman Winton: OK. We have a motion and a second. Further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 03-643 A MOTION AUTHORIZING THE CITY MANAGER TO WAIVE FEES, IN AN AMOUNT NOT TO EXCEED $1,880 FOR PERMIT AND ADMINISTRATIVE FEES, FOR THE "PEACE IN THE HOOD" FESTIVAL WHICH IS SCHEDULED TO TAKE PLACE ON AUGUST 16, 2003. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Chairman Winton: And, Joe, we do need to get this committee that you -- that we've talked about set up so that they can evaluate all these requests at the beginning of the year; everybody can get queued up the right way, and then everybody's going to know, at the beginning of a period, whether or not they're going to get funding, how much funding they're going to get, and then you're not stuck -- Mr. Allen: Yeah. Chairman Winton: -- like you are here -- Commissioner Sanchez: Mr. Chairman. Chairman Winton: -- and so I apologize for that, but we will fix this system. Mr. Allen: All right. Chairman Winton: It's awful for us and awful for you. 33 June 12, 2003 Mr. Allen: Yeah, thank you. Chairman Winton: So thank you very much. Commissioner Sanchez: Mr. -- Chairman Winton: Yes, sir. Commissioner Sanchez: -- Chairman, and -- there's only maybe two or three items on this agenda that I will -- I'll be speaking on. I think it's a very simple agenda, but on this issue, it's paramount that we establish that committee as quickly as possible because there -- I'll tell you one thing, if you have an organization that comes in front of this Commission and you know they have a positive impact to the community, whether it be economically, educational, or cultural, or whatever it may be, but each organization that comes in front of us asking for any amount of money, you know, has to have -- there must be some types of requirements that they have to have. They come in front of us, and they may not have -- they may not be a 501(c). They may not even have weekly required -- monthly required meetings as a 501(c), and we just continue to waive money and waive money, and it's really -- it's a bad practice, so once we're able to create a funneling source that doesn't come to us, but -- or maybe it does at the end with a recommendation as to what should be, but there's a lot of questions that I think that people that are looking out for the taxpayers' dollars need to ask these organizations. You know, one of the biggest organizations that doesn't come in front of the Commission to ask for a single penny is the Kiwanis of Little Havana. They do not come in front of this Commission to ask for a single penny. Now, you tell me if their event doesn't have an economic impact to our community, and I've always said it, I'm prepared to assist any organization in a start-up process. Within about a year, or maybe two, but on the third year, they're on their own, and they should be on their own because I guarantee you that some of these organizations are making money, and they're putting money in their pockets, and at the end of the day, the taxpayers are paying their costs. It happened at Bayfront Park, and it's stopping -- you know, I've stopped it at Bayfront Park. We have $100,000. You have to be a 501(c). You have to go through a committee. You come in front and we give you the -- we run out of money, we don't have any more money. Chairman Winton: OK. Commissioner Regalado: Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Regalado: I think we have a simple solution for this, and see, all of the money -- first of all, there are two kinds of requests. When people come before us and they request in- kind services, most of what they request is not being paid by the taxpayer because it's money that will go to the City if that group or person has to pay for a permit. The second request is to pay City services. Do -- I think we have Lieutenant Linda there, and do you know how much Goombay had to pay the Police Department to do the festival last weekend, was it last -- it was last weekend. 34 June 12, 2003 Chairman Winton: Last week, yes. Commissioner Regalado: Do you have any idea, Johnny? Chairman Winton: No. Commissioner Regalado: You do? Was it -- Chairman Winton: Forty-five thousand? Commissioner Regalado: -- $45,000? Chief Fernandez: Yes. Chairman Winton: Right. Commissioner Regalado: It was $45,000. Commander Joe Longuiera: For two days. Chief Fernandez: That was for two days. Commissioner Regalado: For two days, right, but I'm not discussing that. What I'm discussing is that the City gave $40,000 to Goombay, and it was a huge amount of dollar. Well, guess what, they fall short. Commissioner Sanchez: They what? Commissioner Regalado: They fall short because the $40,000 had to go directly to the police in a cashier's check, and they have still $5,000 short, which is something in my blue -- Commissioner Sanchez: But you mean to tell me that they didn't have a single sponsor? Commissioner Regalado: Oh, they did, they did, but Joe -- but listen to this, what I'm trying to clarify is that the money that we give comes back to the City or City employees because they still need to pay $6,000 for solid waste, which is a service. I mean, you know, the park, whatever the park rental, and the street closure on that, but my point is that we do need some kind of resolution to this. My proposal to you, and I think your committee it's the right thing to do, but my proposal would be, you know, if you come to the City -- pass an ordinance or resolution, or whatever -- and show that this event will have an impact in the community, a favorable impact in the community, we will waive the fees that you would have to pay if you have to pay to close the street. I mean, the administration fees, not the work that the police does, which they have to get paid, and that way, we get it out of the way. Chairman Winton: And if we can figure out how to calculate that administrative fee, and I would suspect that it's -- 35 June 12, 2003 Ms. Blanco: It's -- Chairman Winton: -- a real -- Ms. Blanco: -- $3 per officer, per hour. Chairman Winton: Is the administrative fee? Ms. Blanco: Yes. Chairman Winton: So there's a -- that's absolutely an arena where you could give some assistance to all of these folks that need help that isn't a real cost to the -- potentially not a real cost to the taxpayer, but the -- Commissioner Regalado: Because if they don't do it, we don't get it. Chairman Winton: Yeah. Commissioner Regalado: And -- Chairman Winton: So, well, you'll make some sort of -- I think this all needs to kind of be wrapped up into one comprehensive proposal that we can debate and deal with this issue at some point soon. Commissioner Regalado: I'll send the Manager -- Chairman Winton: Great. Commissioner Regalado: -- a memo. 9. TABLED: EVENT COORDINATOR OF ROOTS AND CULTURE FOUNDATION, INC. TO ADDRESS COMMISSION CONCERNING FEE WAIVERS AND IN-KIND SERVICES FOR ROOTS AND CULTURE FESTIVAL TO BE HELD ON JUNE 21sT AND 22ND 2003 ON NORTH MIAMI AVENUE FROM 54TH TO 59TH STREETS IN LITTLE HAITI. TABLED: REVEREND JEROME STARLING, MEMBER OF RICKIA ISAAC FOUNDATION TO ADDRESS COMMISSION CONCERNING FUNDING FOR AN EVENT, "NO MORE STRAY BULLETS", TO BE HELD AT MIAMI ARENA ON JULY 4, 2003.. Chairman Winton: OK. Reverend -- is Reverend Starling here? Four -B not here, so -- Commissioner Regalado: Mr. Chairman. Chairman Winton: Yes, sir. 36 June 12, 2003 Commissioner Regalado: I would ask you that 4A and 4B will be deferred when Commissioner Teele is here because I know that he's been very involved with the -- Chairman Winton: Great, so we'll defer that until Commissioner Teele gets here for -- Commissioner Regalado: -- Roots and Culture -- Chairman Winton: --the afternoon. Commissioner Regalado: -- and the 413, it's on -- it's in Miami Arena, and I think that Miami Sports and Exhibition Authority could deal with that, so -- Chairman Winton: I agree. Lina Blanco (Special Events Coordinator): Deferred or -- Chairman Winton: Well, but -- you're from Roots and Culture? Nene Jeudy: Good morning, Commissioners. Chairman Winton: Good morning. How are you? Ms. Jeudy: Fine, thank you. Chairman Winton: I think what we -- you know, I'm sorry you're here, but Commissioner Teele isn't here. He has -- Ms. Jeudy: I agree, I'll wait. Chairman Winton: OK. Thank you. Ms. Jeudy: Thank you. Chairman Winton: OK, so 4A, 4B -- Ms. Blanco: Four -B does have a waivable charges, though. Chairman Winton: I'm sorry. Ms. Blanco: Four -B has also administrative fees that could be waived. Chairman Winton: But we'll deal with it when -- Ms. Blanco: Oh. 37 June 12, 2003 Chairman Winton: -- as one complete thing. He's not -- Reverend Starling isn't even here, so Item 5. Commissioner Regalado: Where is Item 5? Chairman Winton: Sole source acquisition. Commissioner Regalado: I don't have it here. Chairman Winton: It's an acquisition -- Commissioner Regalado: Oh, you're not -- Chairman Winton: -- authorizing -- Commissioner Regalado: -- doing the blue page. Chairman Winton: Oh, no, no. I went straight to the -- You want to do the blue pages, Commissioner Regalado? Commissioner Regalado: Whatever you want to do, Mr. Chairman. Commissioner Sanchez: Well, let's do 5. Commissioner Regalado: But this is -- Item 5 is a four -fifth? Chairman Winton: Not that I see anywhere; it could be. Commissioner Sanchez: Four -five is a public hearing. Unidentified Speaker: Which one is -- Chairman Winton: Yes, it is. It's four-fifths vote. Commissioner Sanchez: And I just have one question. Chairman Winton: Great. Commissioner Regalado: Mr. Chairman. Chairman Winton: Yes. Are we -- let -- well, hold on. Is there a reason why we can't get 5 done? Yes, sir, Commissioner Regalado. 38 June 12, 2003 10. AUTHORIZE FUNDING OF "DO THE RIGHT THING' PROGRAM, $105,000; ALLOCATE FUNDS FROM LAW ENFORCEMENT TRUST FUND. Commissioner Regalado: I was wondering if we can do Item 30. I deferred this item on May 22. It's about the funding for Do the Right Thing. Chairman Winton: Is there -- do you have someone in the audience that -- Commissioner Regalado: Yeah. Chairman Winton: Oh, OK, fine. Commissioner Regalado: That's why. Chairman Winton: Item 30. We'll do Item 30 instead of Item 5, Do the Right Thing. Commissioner Regalado: OK. The reason I deferred Item 30 is because the Police Department this year did not fund some of the groups that they used to fund for summer programs and other - - from the Law Enforcement Trust Fund, and the reason I try to defer again is because they have not sent the right information. One of the problems that I have is that the City has not -- the Police Department has not fund two, small programs, which I consider are of the most importance psychologically for the children of Miami. Several years ago, we were able to get $1,000 from the Law Enforcement Trust Fund so all the kids in all the City park could go once a week to the movies, the summer program that cost 50 cents per kid in Cocowalk. We have the way to transport them, and the kids really enjoyed that because it's a field trip. It only cost the City 50 cents, but some kids do not have 50 cents, and when they didn't have that funding, some of them had to stay home -- stay at the park, and others would go to the movies, so through the Law Enforcement Trust Fund, the Parks Department got $1,000 for the -- all the 700 City kids in the parks. The other program is very interesting. The City of Miami has a sailing camp in Kennedy Park, and we charge $80 a week. Three years ago, the City -- we started bringing inner-city kids once a week to the sailing park so they would be able to do what, if they had to pay, they would never be able to do, which is learn sailing. We have the transportation for them from the Parks Department. They would spend the day. However, there was something that was very awkward because all the kids that pay in that park are taken to lunch in Burger King, here in 27th Avenue, and the inner-city kids had to stay at the park because they didn't have the money to have lunch, so through the Law Enforcement Trust Fund, we got $700 for the summer camp to buy lunch for these inner-city kids so they would not feel embarrassed when the other kids come back and say to them, "Hey, we just had a hamburger," and all that because kids will be kids. They do it all the time, so the Police Department cut the funding for the lunch of the poor kids, and the movies of the parks programs kid, so since the Police Department wants to fund, in the amount of $105,000, Do the Right Thing, which is a great program -- but by the way, only 30 percent of the participants are City kids; the rest are from the unincorporated area of the County - - and are denying funds to these two City programs, if we don't get funding for these two programs, which is almost $2,000 dollars, I want to move to deny the funding to Do the Right Thing. 39 June 12, 2003 Joe Arriola (City Manager): Commissioner, one little second, let me solve your problem. Commissioner Regalado: It's not my problem. Mr. Arriola: No, I -- Commissioner Regalado: It's the problem of the City -- Mr. Arriola: --understand. Commissioner Regalado: -- kids. Mr. Arriola: I'm sorry. I just -- let me solve the problem. We're going to take that $2,000 from the Park Trust to fund this, if it's OK with you, that way we'll go ahead with it. Chairman Winton: But -- well, I have a question about that. I mean, if you take $2,000 from the Park Trust, what did you just take it away from? I mean -- Commissioner Regalado: Let the police do it. Chairman Winton: I think that -- Commissioner Regalado: I mean -- Chairman Winton: Right. That's -- Commissioner Regalado: -- they have money. Chairman Winton: -- his point. I'm sorry? OK. I'm pointed to move this conversation to you, sir -- Marzell Smith: Go `Canes. Chairman Winton: -- so name and address, please. Mr. Smith: Mr. Chairman, I think we'll try to help you out. If we can get out funding, then the Do the Right Thing program will try to -- Chairman Winton: We need -- Mr. Smith: -- take -- Chairman Winton: -- I need your name and address on the record. Mr. Smith: Marzell Smith, 6355 Northwest 200 Street, Miami, Florida. 40 June 12, 2003 Chairman Winton: Thanks. Mr. Smith: And I'm a volunteer. I appreciate Commissioner Sanchez talking about cost because if I submitted my cost to the City, it would be additional. I'm retired, but I'm still out here trying to assist the Police Department and the schools, and so forth, so what we will try to do, Commissioner, with your permission, is try to make it possible for these youngsters to go to lunch and also to go to the movies. Commissioner Regalado: OK. Chairman Winton: So do you have a motion? Commissioner Regalado: I'll move that we approve the Do the Right Thing funding from Law Enforcement Trust Fund, provided that, in the next 72 hours, you transfer the funds necessary to the Parks Department because the summer camp just started, and they don't have funding to take the kids to the movies or to give them lunch. Chairman Winton: At the sailing program. Mr. Smith: OK, so we'll work with the Manager's Office; is that right? Chairman Winton: That's great. Mr. Smith: OK. Chairman Winton: So we have a motion. Commissioner Sanchez: Second. Chairman Winton: Second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 03-644 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING FUNDING OF THE "DO THE RIGHT THING' PROGRAM, IN THE AMOUNT OF $105,000; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NUMBER 690001, SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA STATE STATUTES, AS AMENDED. 41 June 12, 2003 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Chairman Winton: Thank you very much -- Mr. Smith: Thank you very much. Chairman Winton: -- sir. Unidentified Speaker: Thank you. Chairman Winton: Thank you. 11. DIRECT MANAGER TO HAVE COMMISSION RECEIVE REPORTS ON CRIMES UNDER BOTH COMPUTER AIDED DISPATCH (CAD) SYSTEM AND COMPUTER AIDED REPORT ENTRY (CARE) SYSTEM IN ORDER FOR COMMISSION TO BE ABLE TO COMPARE BOTH REPORTS. Commissioner Gonzalez: Mr. Chairman, would you allow me five minutes on the issue of the Police Department to ask a couple of questions? Chairman Winton: Five. Commissioner Gonzalez: Five minutes. Is the -- Chairman Winton: This is -- Commissioner Gonzalez: -- Deputy Chief here? John Gallagher: John Gallagher, assistant chief, Miami Police Department. Good morning, Commissioner. Commissioner, Deputy Frank Fernandez injured his back this week, and it unfortunately is -- the condition has gotten progressively worse every day. He was scheduled to go to a doctor's appointment this afternoon. They had to, on an emergency basis, move it up to 42 June 12, 2003 this morning. He could barely get out of bed. He apologizes, and he is going to try to make it today, but he's in extreme pain, and that's why he's not here this morning. Commissioner Gonzalez: OK, I understand. If he's injured, he's injured, so -- and the Chief isn't here either, right? Mr. Gallagher: No, sir, he is not. Commissioner Regalado: Where's -- is the Chief in Iraq? Mr. Gallagher: No, sir. The State Department postponed the trip, I guess, indefinitely is the best way to put it. Commissioner Gonzalez: OK. I have to ask a couple of questions, and I asked the Chairman to allow me five minutes, and I don't want to take more than five minutes, and I don't know if you have enough experience in the Police Department to answer my questions, but I'm sure that you have plenty of help here. I see a major here; I see another major there. You probably have your entire staff here. Could you tell me what is the difference between CAD (Computer Aided Dispatch) and CARE (Computer Aided Report Entry)? Chairman Winton: Between what and what? Commissioner Gonzalez: CAD, C -A -D, and CARE, C -A -R -E. Commander Joe Longuiera: Commissioner, CAD is Computer Aided Dispatch. That's our dispatch system. When we get the 911 calls, we dispatch police officers with that computer system. Commissioner Gonzalez: And that's the kind of report that the -- that we, as Commissioners, get every month? Mr. Longuiera: That's the report we get every month that we use every month to try and get a handle on crime trends immediately because as soon as that call is handled, that information's available the next day on a computer run. CARE is Computer Aided Report Entry; that's the record system. That's when a police officer goes to your house and he writes a report; it comes into the CARE system. Reports out of that system normally take an extended period of time because we have to make corrections, we have to audit the report, we have to make sure the UCR (Uniform Crime Reports) coded right by the FBI (Federal Bureau of Investigations) standards, so that's a different report. Normally, we prepare two CARE reports a year to the FBI and the State; one at the end of the year and one midyear. We are going to be doing the midyear report about the third week of July out of the CARE system, which is the official FBI UCR report. Commissioner Gonzalez: OK. Actually, CAD -- Mr. Longuiera: Yes. 43 June 12, 2003 Commissioner Gonzalez: -- and correct me if I'm wrong. If a citizen called the Police Department and request police assistance, the citizen gives an idea of what's the crime that the citizen is reported, and that's what the dispatcher sends to the patrol car out in the field. Once the patrol car arrives to the scene, he change the -- sometimes he change the signal from what it was out as a call to what the reality of the call is. Mr. Longuiera: Yes. Commissioner Gonzalez: Is that correct? Mr. Longuiera: Yes, Commissioner. Commissioner Gonzalez: For example -- I'm going to give you an instance. You -- a signal can go out as a 17, which is an accident, and once the police unit get to the scene, it could become a 32, which is an assault on a person, or it could be reported or sent out as a 34, which is a disturbance, and then once the police unit get to the scene, we'll find out that it is a 29, which is a holdup or a strong arm robbery, OK. The police officer is the one that change the signal once when he responds to the crime scene and gives the final outcome of the call; is that correct? Mr. Longuiera: Yes, Commissioner. Commissioner Gonzalez: OK. My question before -- because I don't want to waste too much time, and I don't know how many minutes I have used. I just want to use my minutes. This tells me that the report that we get every month doesn't necessarily reflect the truth about the amount of calls that are going out there and the different category of calls and crimes. The actual report that really reflects the honest truth of how many 32's we have, how many 29's, how many 27's, how many 25's, is the CARE report, and that is the kind of report that I, as a Commissioner, would like to get, and I understand that it doesn't take six months to calculate this report, and in my mind, I cannot imagine taking six months because, if I'm a police officer and I'm sent to a scene on one call, and when I get to the scene and I investigate the call, it reflects that it is another signal, automatically, when I'm reporting that I'm 06, I'm telling -- I'm closing the call, as the actual call. It was not an accident. It was a 29; it wasn't a strong arm robbery, and that is recorded on your information system right away, isn't it? Mr. Longuiera: Yes, Commissioner. That's in the CAD system. Commissioner Gonzalez: No, no. That's not on the CAD system. That's on the CARE system. Mr. Longuiera: No. When they -- Commissioner Gonzalez: The CAD system is -- Mr. Longuiera: When the officer closes the -- we have different kinds of signals. When we send you on a call, that's the initial signal. Commissioner Gonzalez: Right. 44 June 12, 2003 Mr. Longuiera: But when you finish the call, you close the call out in what we call the final signal. Commissioner Gonzalez: Right. Mr. Longuiera: We analyze both signals, but for -- to give us an idea on crime immediately, we use the final signal, and let me give you a better example. A lot of people call and say, "My house was robbed." Commissioner Gonzalez: Right. Mr. Longuiera: "I was robbed." We go to their house; it wasn't a robbery. They weren't home at the time. It was a burglary -- Commissioner Gonzalez: I under -- Mr. Longuiera: -- so we change it from a robbery to a burglary. Commissioner Gonzalez: I understand all of that. I understand all of that. Believe me, I understand the system more, more than what you think. I understand the system. I understand the calls. I know the codes. I know the radio, how it functions, and I know how to read the calls. What I'm saying is that the CAD does not reflect the true figures of the different crimes that are being committed in the City of Miami. Chairman Winton: Commissioner -- Commissioner Gonzalez: The CARE report -- Mr. Longuiera: Yes. Commissioner Gonzalez: -- is the one that definitely give you the true amount of different crimes that are committed in the City of Miami. Is that a fact or is that -- or -- Mr. Longuiera: That's a fact, but it's the fact because -- Commissioner Gonzalez: That's all -- Mr. Longuiera: -- of investigation. Chairman Winton: Well, he doesn't -- Commissioner Gonzalez: I don't care. Chairman Winton: -- (UNINTELLIGIBLE) the fact. 45 June 12, 2003 Commissioner Gonzalez: Sir, sir -- Chairman Winton: I mean -- Commissioner Gonzalez: -- I don't care -- Chairman Winton: -- nobody cares why it's the fact. The fact -- Commissioner Gonzalez: -- why -- Chairman Winton: -- is the fact. Commissioner Gonzalez: Mr. Chairman, I don't care why. Chairman Winton: I know, I understand. I mean, that's why -- Commissioner Gonzalez: I mean, we are not getting -- Chairman Winton: Could I interrupt -- Commissioner Gonzalez: -- the right report. Chairman Winton: -- you because the five minutes is passed. Commissioner Gonzalez: Thank you. Chairman Winton: I think there's a simple solution, and that is that we ought to pass a resolution directing the City Manager to see to it that the CARE report is also completed in a reasonable amount of time and distributed to City Commissioners just as the CAD report is. Mr. Longuiera: Commissioner, it can't be done in that -- like the CAD report because the CAD report is immediately available. The CARE reports have to wait for the reports to come in. I'll give you an example. Reports come in a car was stolen. The investigator finds out that the car wasn't stolen. It was towed, repossessed, or taken back by a rental company. Chairman Winton: And he finds out when? Commissioner Gonzalez: Major -- Chairman Winton: And he finds that -- Commissioner Gonzalez: -- I -- Chairman Winton: -- out when? Mr. Longuiera: It could take -- 46 June 12, 2003 Commissioner Gonzalez: I don't -- Major, I don't agree with you, and we have to have a system, and Mr. Chairman, I agree with you a hundred percent, and I don't know where the City Manager is at. I would like to -- Mr. Longuiera: He's there. Commissioner Gonzalez: -- have a motion. Mr. Manager, my motion is that I would like the City Commission to receive an actual report on crimes under, not the CAD system, but the CARE system. Chairman Winton: Under both. Commissioner Gonzalez: Or under both, so we can make comparations [sic], OK? Because I'm being told now that that cannot be done, and I have proof that it can be done, OK, and I'm not going to expose my proofs, but I have papers that shows, OK, that a call came out on one signal, and it was another signal, and I have papers -- Chairman Winton: But, let's just -- Commissioner Gonzalez: -- OK. Chairman Winton: -- pass the motion here. Commissioner Gonzalez: So that's my motion. Chairman Winton: So -- Commissioner Regalado: Second. Chairman Winton: We have a motion and a second. Commissioner Regalado: Second. Chairman Winton: Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. 47 June 12, 2003 The following motion was introduced by Commissioner Gonzalez, who moved its adoption: MOTION NO. 03-645 A MOTION DIRECTING THE CITY MANAGER TO HAVE THE CITY COMMISSION RECEIVE REPORTS ON CRIMES UNDER BOTH THE COMPUTER AIDED DISPATCH ("CADD") SYSTEM AND COMPUTER AIDED REPORT ENTRY ("CARE") SYSTEM IN ORDER FOR THE COMMISSION TO BE ABLE TO COMPARE BOTH REPORTS. 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 Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Chairman Winton: So -- Commissioner Gonzalez: Thank you. Chairman Winton: -- y'all work on that. Thank you. 12. ACCEPT BIDS RECEIVED FROM VARIOUS VENDORS FOR PURCHASE OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) PARTS AND REPAIR SERVICES FOR DEPARTMENT OF MUNICIPAL SERVICES, FLEET MANAGEMENT DIVISION, TOTAL CONTRACT AMOUNT $1,800,000; ALLOCATE FUNDS FROM DEPARTMENT OF MUNICIPAL SERVICES LIGHT FLEET DIVISION, $97,500 (FY 2003) AND $352,500 (FY 2004). APPROVE CONTRACT FOR RENTAL OF PORTABLE TOILETS FROM VARIOUS VENDORS FOR PURCHASING DEPARTMENT, TO BE UTILIZED CITYWIDE BY VARIOUS USER DEPARTMENTS AND AGENCIES, UNDER EXISTING MIAMI-DADE COUNTY CONTRACT NO. 6118-3/07; ALLOCATE FUNDS FROM OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS AND AGENCIES. Chairman Winton: OK. I've been reminded at least ten times -- this must be one heck of an important CA (consent agenda) item, but for some reason or another, someone thought that I wanted to withhold item CA -3 and CA -5, which I didn't, and I've been reminded, at least six times this morning, that we need to do CA -3 and CA -5, so it must be a really important item, so could we get a motion to -- 48 June 12, 2003 Commissioner Sanchez: So move CA -3. Commissioner Gonzalez: Second. Chairman Winton: And 5. Commissioner Gonzalez: Second. Chairman Winton: We have a motion and a second on CA -3 and 5. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following resolutions were introduced by Commissioner Sanchez, who moved their adoption: RESOLUTION NO. 03-646 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BIDS RECEIVED FROM VARIOUS VENDORS, AS LISTED IN "EXHIBIT A," ATTACHED AND INCORPORATED, FOR THE PURCHASE OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) PARTS AND REPAIR SERVICES FOR THE DEPARTMENT OF MUNICIPAL SERVICES, FLEET MANAGEMENT DIVISION, ON AN AS -NEEDED CONTRACT BASIS FOR A TWO-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE- YEAR PERIODS, AT AN ESTIMATED ANNUAL AMOUNT OF $450,000, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $1,800,000; ALLOCATING FUNDS FROM THE DEPARTMENT OF MUNICIPAL SERVICES LIGHT FLEET DIVISION, ACCOUNT CODE NO. 503001.420905.6.670, IN THE AMOUNTS NOT TO EXCEED $97,500 (FY 2003) AND $352,500 (FY 2004), SUBJECT TO BUDGETARY APPROVAL FOR SAID AMOUNTS AND EACH YEAR THEREAFTER FOR THE TERM OF THE CONTRACT. 49 June 12, 2003 RESOLUTION NO. 03-647 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE CONTRACT FOR RENTAL OF PORTABLE TOILETS FROM VARIOUS VENDORS FOR THE PURCHASING DEPARTMENT, TO BE UTILIZED CITYWIDE BY VARIOUS USER DEPARTMENTS AND AGENCIES, UNDER EXISTING MIAMI-DADE COUNTY CONTRACT NO. 6118-3/07, EFFECTIVE THROUGH APRIL 30, 2005, SUBJECT TO ANY EXTENSIONS BY MIAMI-DADE COUNTY; ALLOCATING FUNDS FROM THE OPERATING BUDGETS OF THE VARIOUS USER DEPARTMENTS AND AGENCIES, SUBJECT TO BUDGETARY APPROVAL. (Here follows bodies of resolutions, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzalez, the resolutions were passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. 13. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF SOLE SOURCE; WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND AUTHORIZE ACQUISITION OF REPAIR SERVICES FOR ONE 1999 FREIGHTLINER CHASSIS FL60 FIRE -RESCUE VEHICLE FOR DEPARTMENT OF FIRE -RESCUE, FROM AMERICAN LAFRANCE MEDICMASTER, SOLE SOURCE MANUFACTURER, $46,979.51; ALLOCATE FUNDS FROM BUDGET OF DEPARTMENT OF FIRE -RESCUE AND FROM CAPITAL IMPROVEMENT PROJECT. Chairman Winton: Item Number 5. Commissioner Gonzalez: Move Item Number 5. Chairman Winton: Need a second. Commissioner Sanchez: Second, just -- Chairman Winton: Got a motion -- Commissioner Sanchez: -- have one question. Chief -- 50 June 12, 2003 Chairman Winton: -- and a second. Question, yes, sir, Commissioner Sanchez. Commissioner Sanchez: Is Chief Shorty here? Commissioner Regalado: What are we doing now? Chairman Winton: He's got a question on CA -5. I mean, on -- Commissioner Gonzalez: Motion, 5. Chairman Winton: -- Item 5, regular agenda Item 5. Commissioner Sanchez: That was -- Commissioner Regalado: Oh, regular agenda. Commissioner Sanchez: -- rescue -- you had a serious accident with rescue, right? Chief William Bryson (Chief of Fire -Rescue): Chief Bryson. That's correct. Commissioner Sanchez: Why ten months later? Chief Bryson: Why did it take ten months to get to the repairs? Commissioner Sanchez: Yes, sir. Chief Bryson: I don't know that. Chief Kemp, do you know? Commissioner Sanchez: Why does it take -- I just want to help you. I mean, I just want to know why it takes ten months to get a repair done. I mean, when -- I mean, this is, after all, a rescue truck. Deputy Chief Maurice Kemp: Chief Kemp, Fire Department, Deputy Chief. First of all, you send a truck up to the dealer, the manufacturer, to evaluate the extent of the damage and to tell you what it'll take to fix it, and then we go through the sole source process to get the procurement department to deem it a sole source repair, and we're here. Commissioner Sanchez: Is there any way that we could expedite that so it doesn't take ten months? Chief Bryson: Emergency item. Commissioner Sanchez: Emergency item? Well, it could be an emergency item. I mean, you're short a truck, or you're not able to provide -- Chairman Winton: Yeah, it's not as though we -- 51 June 12, 2003 Commissioner Sanchez: -- the service. Chairman Winton: -- haven't passed any emergency items. Chief Bryson: Oh, it's not like you want to pass any more. Chairman Winton: Yeah, but see, I think the point we've been trying to make is that we don't want everything to be an emergency so that when we have a real emergency, we really trust that it's an emergency. Commissioner Sanchez: Well, but this would be a real emergency. Chairman Winton: Yeah. Chief Bryson: Well, thanks for clarifying that. Chairman Winton: A roof that's leaking that we've known has been leaking for a long time isn't a damned emergency. It should be in the budget. I mean, there's the difference. Chief Bryson: Commissioner, I understand, and we do have spare trucks, but we do -- it's to our benefit, if things like that occur, if we could declare it an emergency, it'd be great, but I don't know if the Manager's willing to do that. In this case -- Chairman Winton: Y' all -- Chief Bryson: -- that's why it took that long. Commissioner Sanchez: Chief, I didn't want you -- I didn't want to put you on the spot. I just wanted to see if we, the Commission, could do something to expedite when it comes to fire trucks, which is considered -- I consider it an emergency, so -- Chief Bryson: Sir, I'll -- Commissioner Sanchez: -- no further questions. Chief Bryson: -- keep that in mind, and I appreciate it. Chairman Winton: OK. Got a motion and a second. 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 Commissioner Gonzalez, who moved its adoption: 52 June 12, 2003 RESOLUTION NO. 03-648 A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR-FIFTHS (4/51H) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND AUTHORIZING THE ACQUISITION OF REPAIR SERVICES FOR ONE 1999 FREIGHTLINER CHASSIS FL60 FIRE -RESCUE VEHICLE FOR THE DEPARTMENT OF FIRE -RESCUE, FROM AMERICAN LAFRANCE MEDICMASTER, SOLE SOURCE MANUFACTURER, IN AN AMOUNT NOT TO EXCEED $46,979.51; ALLOCATING FUNDS FROM THE BUDGET OF THE DEPARTMENT OF FIRE -RESCUE, ACCOUNT CODE NO. 105000.280502.6.670, FOR THE FIRST CONTRACT PERIOD ENDING SEPTEMBER 30, 2003, AND FROM CAPITAL IMPROVEMENT PROJECT NO. 313304, ACCOUNT CODE NO. 289401.6.840. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. 14. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF SOLE SOURCE; WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVE PROCUREMENT OF HOLMATRO EXTRACTION TOOLS AND ACCESSORIES, FROM TEN -8 FIRE EQUIPMENT, INC., SOLE SOURCE DISTRIBUTOR OF HOLMATRO INC., TOTAL CONTRACT AMOUNT $264,704, FOR DEPARTMENT OF FIRE -RESCUE; ALLOCATE FUNDS FROM FIRE -RESCUE HOMELAND DEFENSE PREPAREDNESS PROJECT AND FROM CAPITAL IMPROVEMENT PROJECT. Chairman Winton: Six is also ratifying sole source; requires four-fifths. Commissioner Gonzalez: Move number 6. Commissioner Sanchez: Second. 53 June 12, 2003 Chairman Winton: Got a motion and a second on 6. Discussion? Being none, all in favor, aye. The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following resolution was introduced by Commissioner Gonzalez, who moved its adoption: RESOLUTION NO. 03-649 A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR-FIFTHS (4/5 1H) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PROCUREMENT OF HOLMATRO EXTRACTION TOOLS AND ACCESSORIES FROM TEN -8 FIRE EQUIPMENT, INC., FOR THE DEPARTMENT OF FIRE -RESCUE, ON AN AS -NEEDED CONTRACT BASIS FOR A ONE-YEAR PERIOD, WITH THE OPTION TO EXTEND FOR TWO ADDITIONAL ONE-YEAR PERIODS, IN AN ESTIMATED ANNUAL AMOUNT OF $164,704, FOR THE FIRST CONTRACT YEAR, AND $50,000 EACH FOR CONTRACT YEARS 2 AND 3, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $264,704; ALLOCATING FUNDS FROM FIRE - RESCUE HOMELAND DEFENSE PREPAREDNESS PROJECT NO. 313305, ACCOUNT CODE NO. 289307.6.840, FOR THE FIRST CONTRACT PERIOD ENDING SEPTEMBER 30, 2003, AND CAPITAL IMPROVEMENT PROJECT NO. 313304, ACCOUNT CODE NO. 289401.6.840, FOR CONTRACT YEARS 2 AND 3, BEGINNING OCTOBER 1, 2003 AND OCTOBER 1, 2004, SUBJECT TO BUDGETARY APPROVAL. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. 54 June 12, 2003 15. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF SOLE SOURCE; WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND APPROVE ACQUISITION AND INSTALLATION OF FREEDOM CALL RECORDING AND ARCHIVING SYSTEM, FROM DICTAPHONE CORPORATION FOR DEPARTMENT OF POLICE, $850,000; ALLOCATE FUNDS FROM E-911 OPERATING BUDGET. Chairman Winton: What did you say? Well, it's ten -- well, we'll do them -- let's see, City Attorney (INAUDIBLE) -- Commissioner Sanchez: So move number 7. Commissioner Gonzalez: Second number 7. Chairman Winton: OK, Item 7. We've got a motion and a second. Commissioner Sanchez: Just a question. What are you going to do when you replace the recorders? What do you do with them? Those are the 911 call recorders, correct? Commander Joe Longuiera: Yeah, the old recorders, you mean? Commissioner Sanchez: Yes. Commander Longuiera: Well, through the City's system of attempting to auction them off or get rid of them, that's -- we go through that process for disposal of that equipment. Commissioner Sanchez: Thank you. Chairman Winton: OK, so what is that? Commissioner Sanchez: I just asked the question what do they do with the repaired; do we sell it, do we donate it? Chairman Winton: Got it, so we have a motion and a second on -- Commissioner Gonzalez: Number 8. Chairman Winton: 7? Commissioner Gonzalez: 8, 8. Chairman Winton: No, I think 7. Aren't we -- are we on 7? Commissioner Gonzalez: Right, you're right, 7. Chairman Winton: What? 55 June 12, 2003 Commissioner Sanchez: 7. Commissioner Gonzalez: 7, you're right. Chairman Winton: OK, so motion and a second on 7. All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 03-650 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4/5 THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND APPROVING THE ACQUISITION AND INSTALLATION OF FREEDOM CALL RECORDING AND ARCHIVING SYSTEM, FROM DICTAPHONE CORPORATION FOR THE DEPARTMENT OF POLICE, IN AN AMOUNT NOT TO EXCEED $850,000; ALLOCATING FUNDS FROM THE E-911 OPERATING BUDGET, ACCOUNT CODE NO. 196002.290461.6.840. (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 Commissioner Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Chairman Winton: Item 8, also ratifying -- Commissioner Sanchez: 8 was withdrawn, yeah. Chairman Winton: -- sole source. 56 June 12, 2003 Commissioner Gonzalez: Move Number 8. Priscilla A. Thompson (City Clerk): Item 8 was withdrawn. Unidentified Speaker: Was pulled. Chairman Winton: Withdrawn? Ms. Thompson: Yes. Chairman Winton: Well, I wasn't -- so -- Commissioner Gonzalez: It was withdrawn? Commissioner Regalado: I think either you or the Manager -- I got a -- Commissioner Gonzalez: I move Number 9. Commissioner Regalado: -- page -- Commissioner Sanchez: Second. Commissioner Regalado: -- on Item 10 -- on Item 8. Chairman Winton: You got a what? Commissioner Regalado: On your -- either the one I was given or the Manager -- some -- 8. Chairman Winton: Yeah, 8. Commissioner Sanchez: We could be out of here by 5 or 4 Commissioner Regalado: And -- Commissioner Gonzalez: Yeah, we move -- Commissioner Sanchez: Let's go. Commissioner Regalado: --11, 11 -- Ms. Thompson: Chairman -- Chairman Winton: Yes, ma'am. Ms. Thompson: -- Winton, Commissioner Regalado, what you had withdrawn was Items 8, 11, and 27. 57 June 12, 2003 Chairman Winton: 27? Commissioner Regalado: The 27 was you. Commissioner Gonzalez: 8, 11, and 27; yeah, that's right. Ms. Thompson: Now, item -- and item -- 16. AUTHORIZE AND DIRECT MANAGER TO EXECUTE INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY TO ALLOW CITY TO RECEIVE ITS PORTION OF MUNICIPAL SHARE FUNDS FROM CHARTER COUNTY TRANSIT SYSTEM SURTAX TO SUPPLEMENT, NOT REPLACE, CITY'S GENERAL FUND SUPPORT OF TRANSPORTATION AND TRANSIT PROJECTS AND FOR PURPOSES SET FORTH IN AGREEMENT. Chairman Winton: OK. Is the Mayor here by the way? Francois? Commissioner Gonzalez: The Mayor was here. Chairman Winton: Is the Mayor here? Unidentified Speaker: (INAUDIBLE). Chairman Winton: He is? Oh, there he is. I want to go -- the Mayor has a blue page item that he would like to take up, and he's been sitting down here very patiently. I didn't realize that that was going on, so Mr. Mayor, my apologies. We will take up your blue sheet item. Commissioner Gonzalez: Mr. Chairman. Mayor Manuel A. Diaz: Thank you, Mr. Chair, and this will be very brief. You have before you, on my blue page, a resolution which authorizes the City Manager to enter into a -- an interlocal agreement with the County. This -- as all of you know, the half -penny sales tax was approved last November, and -- for the implementation of the People's Transportation Plan. This interlocal agreement, which is the standard form that is being signed by all eligible cities, starts the process to work with the County and receive the funding that we're entitled to under the People's Transportation Plan. Chairman Winton: I don't think there should be any controversy -- Commissioner Gonzalez: So move. Chairman Winton: -- here. Commissioner Sanchez: None whatsoever. 58 June 12, 2003 Commissioner Gonzalez: Move the -- Chairman Winton: Right. We have a motion and -- Commissioner Sanchez: So move. Chairman Winton: -- second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 03-651 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY TO ALLOW THE CITY OF MIAMI ("CITY") TO RECEIVE ITS PORTION OF MUNICIPAL SHARE FUNDS FROM THE CHARTER COUNTY TRANSIT SYSTEM SURTAX TO SUPPLEMENT, NOT REPLACE, THE CITY'S GENERAL FUND SUPPORT OF TRANSPORTATION AND TRANSIT PROJECTS AND FOR PURPOSES SET FORTH IN THE AGREEMENT; AND AUTHORIZING THE CITY MANAGER TO ACCEPT SAID FUNDS FROM THE COUNTY IN ACCORDANCE WITH THE AGREEMENT, AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, 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 Commissioner Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Chairman Winton: Thank you -- 59 June 12, 2003 Mayor Diaz: Thank you. Chairman Winton: -- Mr. Mayor. Commissioner Sanchez: Yeah. Commissioner Gonzalez: Mr. Chairman, I'd like to move Number 9. Chairman Winton: How about 8? Did -- we didn't -- Oh, it's 8? Priscilla A. Thompson (City Clerk): I'm sorry. We have some time certains. Number 9 is a time certain for 3 p.m. Commissioner Gonzalez: What was that, 8? Chairman Winton: No, 9 is. Ms. Thompson: No, Number 9 is a time certain for 3. Chairman Winton: And did you say 8 was withdrawn? Ms. Thompson: Yes, it was. Chairman Winton: OK, so -- and 9's a time certain. Ms. Thompson: 10 -- your time certains listed on the agenda for 3 p.m., 9, 10 -- 11's withdrawn. Commissioner Regalado did make an announcement -- 17. EMERGENCY ORDINANCE: AUTHORIZE ROLLOVER OF YEAR ONE'S PREVIOUSLY ALLOCATED FUNDS, $16,768, FROM FISCAL YEAR 2001-2002 "ALLIANCE FOR HUMAN SERVICES GRANT FUND" TO FISCAL YEAR 2002-2003 FUND AWARDED TO MIAMI HOMELESS ASSISTANCE PROGRAM BY MIAMI-DADE COUNTY DEPARTMENT OF HUMAN SERVICES, ALLIANCE FOR HUMAN SERVICES. Chairman Winton: So Item 14 is our next one, so hold on here. Let's go to Item 14 Commissioner Gonzalez: I move 14. Commissioner Regalado: Second. Chairman Winton: We have a motion and a second on 14. Discussion. Being none, all in favor, LL " aye. Alejandro Vilarello (City Attorney): This is an ordinance. 60 June 12, 2003 Commissioner Sanchez: It's an ordinance. Chairman Winton: Oh, an ordinance. Sorry about that. The Ordinance was read by title into the public record by the City Attorney. Commissioner Sanchez: Roll call. An Ordinance Entitled — AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AUTHORIZING THE ROLLOVER OF YEAR ONE'S PREVIOUSLY ALLOCATED FUNDS, IN THE AMOUNT OF $16,768, FROM THE FISCAL YEAR 2001-2002 "ALLIANCE FOR HUMAN SERVICES GRANT FUND" ("FUND") TO THE FISCAL YEAR 2002-2003 FUND AWARDED TO THE MIAMI HOMELESS ASSISTANCE PROGRAM BY MIAMI-DADE COUNTY DEPARTMENT OF HUMAN SERVICES, ALLIANCE FOR HUMAN SERVICES; AUTHORIZING THE CITY MANAGER TO AMEND THE EXISTING WORK PROGRAM AND BUDGET TO REFLECT THE ROLLOVER OF SAID FUNDS. was introduced by Commissioner Gonzalez and seconded by Commissioner Regalado, 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 Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None ABSENT: Vice Chairman Arthur E. Teele, Jr. 61 June 12, 2003 Whereupon the Commission on motion of Commissioner Gonzalez and seconded by Commissioner Regalado, adopted said ordinance by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12369 Priscilla A. Thompson (City Clerk): The ordinance is adopted an emergency measure, 4/0. 18. EMERGENCY ORDINANCE: AUTHORIZE ROLLOVER OF UNEXPENDED YEAR ONE SUPER NOFA SUPPORTIVE SERVICES GRANT FUNDS FROM FISCAL YEAR 2001-2002 TO FISCAL YEAR 2002-2003, $31,871, PREVIOUSLY ALLOCATED TO CITY'S HOMELESS PROGRAM FROM UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, THROUGH MIAMI-DADE COUNTY HOMELESS TRUST. Chairman Winton: 15 is also an emergency ordinance. Commissioner Sanchez: Yeah, it's a companion item to 14 to do the same with the HUD (Department of Housing and Urban Development) funds. So move. Commissioner Gonzalez: 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. Chairman Winton: Roll call, please. 62 June 12, 2003 An Ordinance Entitled — AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AUTHORIZING THE ROLLOVER OF UNEXPENDED YEAR ONE SUPER NOFA SUPPORTIVE SERVICES GRANT FUNDS ("FUNDS") FROM FISCAL YEAR 2001-2002 TO FISCAL YEAR 2002-2003, IN THE AMOUNT OF $31,871, PREVIOUSLY ALLOCATED TO THE CITY OF MIAMI HOMELESS PROGRAM FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, THROUGH THE MIAMI-DADE COUNTY HOMELESS TRUST; AUTHORIZING THE CITY MANAGER TO AMEND THE EXISTING WORK PROGRAM AND BUDGET TO REFLECT THE ROLLOVER OF SAID FUNDS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Sanchez 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 Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None ABSENT: Vice Chairman Arthur E. Teele, Jr. Whereupon the Commission on motion of Commissioner Sanchez and seconded by Commissioner Gonzalez, adopted said ordinance by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12370 Priscilla A. Thompson (City Clerk): The ordinance has been adopted as emergency measure, 4/0. 63 June 12, 2003 19. EMERGENCY ORDINANCE: ESTABLISH SPECIAL REVENUE FUND ENTITLED "SOUTH FLORIDA HIGH INTENSITY DRUG TRAFFICKING AREA ("HIDTA") CRIME AND DRUG DEMAND REDUCTION PROGRAM VIP' AND APPROPRIATE RESOURCES AND FUNDS CONSISTING OF GRANT, $45,000, FROM SOUTH FLORIDA HIDTA THROUGH MONROE COUNTY SHERIFFS OFFICE. Chairman Winton: 16, emergency ordinance. Commissioner Sanchez: So move. Commissioner Gonzalez: 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. Chairman Winton: Roll call, please. An Ordinance Entitled — AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A SPECIAL REVENUE FUND ENTITLED "SOUTH FLORIDA HIGH INTENSITY DRUG TRAFFICKING AREA ("HIDTA") CRIME AND DRUG DEMAND REDUCTION PROGRAM VIP' AND APPROPRIATING RESOURCES AND FUNDS CONSISTING OF A GRANT, IN THE AMOUNT OF $45,000, FROM THE SOUTH Florida HIDTA THROUGH THE MONROE COUNTY SHERIFFS OFFICE; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT, AND TO EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORMS AND IN A FORM ACCEPTABLE BY THE CITY ATTORNEY, FOR SAID PURPOSE; AUTHORIZING THE EXPENDITURE OF MONIES FROM THE FUND FOR OPERATION OF THE PROGRAM„ CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 64 June 12, 2003 was introduced by Commissioner Sanchez 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 Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None ABSENT: Vice Chairman Arthur E. Teele, Jr. Whereupon the Commission on motion of Commissioner Sanchez and seconded by Commissioner Gonzalez, adopted said ordinance by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12371 Priscilla A. Thompson (City Clerk): The ordinance is adopted -- I'm -- on -- as emergency measure, 4/0. 20. SECOND 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: OK, Item 17, second reading ordinance. Need a motion. Commissioner Gonzalez: Move 17. Chairman Winton: Need a second. Commissioner Sanchez. Commissioner Sanchez: Second. 65 June 12, 2003 Chairman Winton: Got a motion and a second. Please read the ordinance. The Ordinance was read by title into the public record by the City Attorney. Chairman Winton: Roll call, please. An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 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 FO 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 IMMEDIATE EFFECTIVE DATE. The ordinance was passed on its first reading, by title, at the meeting of May 8, 2003, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Gonzalez, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12372. Priscilla A. Thompson (City Clerk): The ordinance is adopted on second reading, 4/0. 66 June 12, 2003 21. SECOND READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND ENTITLED: "MIAMI-DADE COUNTY EMS GRANT AWARD (FY 2002-2003)," AND APPROPRIATE $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: 18 is a second reading ordinance; again, a grant award. Need a motion. Commissioner Gonzalez: Move 18. Chairman Winton: And a second. Commissioner Sanchez: 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. Chairman Winton: Roll call, please. 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. 67 June 12, 2003 The ordinance was passed on its first reading, by title, at the meeting of May 8, 2003, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Gonzalez, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12373. Priscilla A. Thompson (City Clerk): The ordinance is adopted on second reading, 4/0. 22. DEFER PROPOSED ORDINANCE ON SECOND READING 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. Chairman Winton: Item 19, second reading ordinance on Model City Revitalization Trust. Commissioner Regalado: Mr. Chairman. Chairman Winton: Yes. Commissioner Regalado: I just have to step out for a second, but on Item 20, we should defer this because we may not be using the voting machines that we used in the past election in Miami - Dade County. They have to make a decision, and what we're doing here is we're expanding the runoff date because of the voting machines, and we may have, on November, they all -- remember, the pregnant chads and the -- Chairman Winton: Yeah. Commissioner Regalado: -- all of that? Well, we may have that. Chairman Winton: Hanging chads. Priscilla A. Thompson (City Clerk): I'm sorry. Alejandro Vilarello (City Attorney): Mr. Chairman. 68 June 12, 2003 Chairman Winton: Yes. Mr. Vilarello: I did contact the Department of Elections, and the delay of two weeks to get additional information to the City Commission will not have an impact on the Dade County Elections Department. Chairman Winton: So we can defer this? Mr. Vilarello: Absolutely. Chairman Winton: So, we'll defer item -- do we need a motion to defer 20? Commissioner Gonzalez: Motion to defer. Chairman Winton: Got a motion. Commissioner Regalado: Second. Chairman Winton: Second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following motion was introduced by Commissioner Gonzalez, who moved its adoption: MOTION NO. 03-652 A MOTION TO DEFER PROPOSED ORDINANCE ON SECOND READING 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. 69 June 12, 2003 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 Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Chairman Winton: So we'll defer 20. 23. SECOND READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND ENTITLED "THE NEIGHBORHOOD INITIATIVE GRANT FOR MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST" FOR CERTAIN SPECIAL PROJECTS AND APPROPRIATING $1.26 MILLION, FROM UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT IN SUPPORT OF MODEL CITY HOMEOWNERSHIP PILOT PROJECT. Chairman Winton: Now, back to Item 19. Did we have a motion? Commissioner Gonzalez: Motion on 19. Chairman Winton: Yeah, it's a second reading ordinance. Commissioner Sanchez: 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. Chairman Winton: Roll call. 70 June 12, 2003 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 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. The ordinance was passed on its first reading, by title, at the meeting of May 8, 2003, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Gonzalez, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12374 Priscilla A. Thompson (City Clerk): The ordinance is adopted on second reading, 3/0. 24. DEFER PROPOSED RESOLUTION MAKING PROVISIONS FOR HOLDING NONPARTISAN PRIMARY ELECTION ON NOVEMBER 4, 2003, FOR NOMINATION OF CANDIDATES FOR OFFICES OF THREE COMMISSIONERS, AND FOR HOLDING LATER GENERAL MUNICIPAL ELECTION ON NOVEMBER 18, 2003, UNLESS ALL OF SAID OFFICES HAVE BEEN FILLED IN NONPARTISAN PRIMARY ELECTION. Chairman Winton: Mr. City Attorney, do we need to defer 20A, as well? Alejandro Vilarello (City Attorney): Yes. Chairman Winton: Need a motion to defer 20A. Commissioner Gonzalez: Motion to defer 20A. 71 June 12, 2003 Commissioner Sanchez: Second. Chairman Winton: Got a motion and second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following motion was introduced by Commissioner Gonzalez, who moved its adoption: MOTION NO. 03-653 A MOTION TO DEFER PROPOSED RESOLUTION MAKING PROVISIONS FOR HOLDING A NONPARTISAN PRIMARY ELECTION ON NOVEMBER 4, 2003, FOR THE NOMINATION OF CANDIDATES FOR THE OFFICES OF THREE COMMISSIONERS, AND FOR HOLDING A LATER GENERAL MUNICIPAL ELECTION ON NOVEMBER 18, 2003, UNLESS ALL OF SAID OFFICES HAVE BEEN FILLED IN THE NONPARTISAN PRIMARY ELECTION. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. 72 June 12, 2003 25. DIRECT MANAGER AND CITY ATTORNEY TO CONDUCT THOROUGH ANALYSIS OF NUISANCE ABATEMENT BOARD SYSTEM AND COME BACK TO COMMISSION WITHIN 60 DAYS WITH REPORT AS TO HOW SAID SYSTEM IS CURRENTLY WORKING AND INCLUDE RECOMMENDATIONS FOR PROCESS ON IMPROVED ENFORCEMENT OF CODE VIOLATIONS AND REGULATIONS. SECOND READING ORDINANCE: AMEND CHAPTER 4, ARTICLE I, OF CITY CODE ENTITLED "ALCOHOLIC BEVERAGES," BY REPEALING SECTIONS 4-2 AND 4-3 AND SUBSTITUTING IN LIEU THEREOF NEW SECTIONS 4-2 AND 4-3, ENTITLED "DEFINITIONS," AND "HOURS DURING WHICH SALES ALLOWED; SUNDAY SALES," RESPECTIVELY, TO MODIFY AND CLARIFY RELEVANT DEFINITIONS, AND ESTABLISH HOURS IN WHICH ALCOHOLIC BEVERAGES MAY BE SOLD; ADD NEW SECTION 4-14 ENTITLED "REQUIREMENTS FOR RESTAURANTS," TO REGULATE CONSUMPTION OF ALCOHOLIC BEVERAGES ON PREMISES OF FOOD AND BEVERAGE RETAIL ESTABLISHMENTS. Commissioner Gonzalez: Mr. Chairman, I move 21. Commissioner Sanchez: Second. Chairman Winton: I'm behind you. Commissioner Sanchez: Second. Chairman Winton: Got a motion and a second -- Commissioner Sanchez: Well -- Chairman Winton: -- a second reading ordinance on -- Commissioner Sanchez: -- a discussion. Chairman Winton: Discussion, yes. Commissioner Sanchez: Just discussion on -- and I -- like I stated, Mr. Chairman, I wasn't going to take much time, but I do have one item. Let me just start by commanding [sic] the Mayor, the City Manager, and the City staff for taking the initiative. As you can recall, some of you that probably here, about two year ago, I set forth on a crusade that ended up being a 4/1. I wasn't able to get a second to try to reduce the packing houses of selling liquor from certain time to certain time because we realize the negative impact that it had in certain neighborhoods, being one in Little Havana, and I'm glad that they picked up the ball and ran with it, modifying it. Now, I requested from the City Manager's office, during the May 22 Commission meeting, for them to provide us with a list regarding some of the situations in the cafeterias in my district, mostly participating in illegal activities at night, and we all focused on one thing that we -- I have a hundred of these small cafeterias in my district, and I know the other Commissioners have a lot of them in their district. 73 June 12, 2003 Commissioner Gonzalez: I got 200. Commissioner Sanchez: You got 200, but let me just say that, you know, we -- the City has taken a very proactive step in improving the quality of life in our City, and we have done just about everything we can, and this was an issue that we needed to address as quickly as possible because these cafeterias -- and I'm not saying that all of them, but some of these cafeterias, after a certain amount -- after certain hours, become havens for illegal activities such as drug sales, prostitutions, and a variety of other illegal activities that lead into people's homes and domestic violence because these people go to these cafeterias, they drink their money with these ladies and they gamble there, and then, you know, they take on -- these issues home with their spouses, and then we have to respond to domestic violence, and just -- I had inquired for the record as to get exactly -- you know, to give -- for them to provide me with a record of some of the activities. I'm not going to name the properties because I don't think -- or the businesses because I don't think it's fair, but let me just say that December 17, they had a total of -- they went and they checked out five businesses that were cafeterias that sold -- you know, they sell liquor -- well, they sell beer and wine. In many cases, they're selling beer, which is a violation, but you know, you go in and they don't have any food. They sell liquor, and they have gambling, and they do all kinds of things. Just in September 2000, they had several felony arrests, several misdemeanor arrests, several Fire Department violations, several code enforcement violations, and they have been doing certain sting operations in some of these, which we call basically beer emporiums, and really, you know, I'm glad to see that this ordinance now is going to tackle that. It also gives us, the Police Department, teeth, which prior we did not have to go out there and enforce this, and this is a number one issue of quality of life to get these businesses to comply with our laws, and no one is against small businesses. No one is against mom and pop businesses, but we are -- what we're not in support of is these businesses that aren't what they supposed to be, and then they create in their environment a safe haven for other activities that are illegal, so we -- this is a step in the right direction, and once again, I just wanted to point that out and command [sic] the Mayor for taking the leadership role, and the City Administration, and now it's time to go out there, and the Police Department has to do its job to go out there and inspect these businesses, and if you're selling liquor without food, you're going to get arrested. If you're holding prostitution in your establishment, you're going to get arrested. If you're gambling in your establishment, you're going to get arrested, and the message is very clear, and I hope you start in Little Havana, but I also think that you should focus on the entire City and not just on one district, so it doesn't look like it's self-serving, but this is a step in the right direction to clean our City of a lot of the illegal activities. Thank you. Chairman Winton: Why aren't these establishments taken before Nuisance Abatement Board? Alejandro Vilarello (City Attorney): One of the problems that you have with the existing legislation is there's no distinction made between restaurants and cafeterias, sandwich shops, so this corrects that change so that you can start bringing them forward. Chairman Winton: Really aggressively -- 74 June 12, 2003 Mr. Vilarello: Notwithstanding that comment, Commissioner, the significant number of crimes that are committed at these locations would allow these cases to be prosecuted before the Nuisance Abatement Board, even under existing law. Chairman Winton: Even what? Mr. Vilarello: Even under the laws that exist today. Chairman Winton: Yeah, well, that's my question. I mean, I don't get it. Why haven't we been doing that? That's my question. Commissioner Gonzalez: Mr. Chairman, I might be able to answer you that question. I have a particular place, amongst others, in my district, which is a gas station, where the Police Department have arrested people in numerous occasions, and they have occupied cocaine, crack, marijuana, everything. These people were brought to the Nuisance and Abatement Board, and nothing happened. They're still operating. They're still selling drugs. They're still selling beer. They're -- you know, you -- anything that you want to find, you go to that place, and you'll find it there. Now, I think we're in the process -- and I spoke to the NET (Neighborhood Enhancement Team) Administrator -- to bring them back to the Nuisance and Abatement Board, and I asked the City Attorney if I was allowed to testify before the Nuisance and Abatement Board because on the last arrest that were produced there, I happened to be at the place. It was 12 midnight at the time they went to the place and arrested a couple of people, and found "X" amount of marijuana and cocaine and crack inside the store. They were distributing from inside the store, so -- but you know, that happens. They are brought to the board and nothing happens. Chairman Winton: Do we get a report on the activities of the Nuisance Abatement Board cases that go before them and the number of times they take whatever action? Commissioner Gonzalez: We don't get a -- at least I don't get a report. Mr. Vilarello: I believe you do get a regular report, but I'll follow up on that for you. Chairman Winton: Would you, please? Commissioner Sanchez: Commissioner Winton, let me -- if you would allow me to answer -- Chairman Winton: Yes. Commissioner Sanchez: -- a question that you asked, which is a very good question. The old rule is 50/50. In other words, they sell 50 percent food, 50 percent beer and wine. I don't think that they have liquor license, although they sell liquor in certain amount, and in many cases, they're open till 2, 3, 4 o'clock in the morning. It may be Pablo Canton. It may be five and six. You never know because they become these private clubs after a certain amount of time, and what the -- this ordinance does, after ten o'clock, they can't sell alcohol anymore. 75 June 12, 2003 Chairman Winton: Yeah, but I'm not focused on that piece of it. I'm focused on the part where there's prostitution and drug dealing going on, which are already illegal offenses, and why these establishments that are doing those two things haven't been shut down long ago, and I'll tell you what it says to me. It says to me that we have a problem somewhere along -- I don't know if it's with the board or our process that gets the information before the board, but it -- but we've got to figure out how we can analyze how that system's working because -- and the reason for that is because -- I don't care -- you know, you've passed -- we've passed this new ordinance that's going to tighten up the rules, but you still -- you're going to put some people in jail, but the establishment's going to continue running, and they might put some more people in jail, and part of the point we want to do is, in addition to people in jail, we want to shut down those establishments, close them; force the owners to sell them to somebody else that's going to run them appropriately. Commissioner Gonzalez: Mr. Chairman, I believe that if this operation -- I believe that if this is reported to ATF, Alcohol, Tobacco, and Firearms, can pull their liquor license, beer and wine license; whatever license they have, they can pull it from them. Commissioner Sanchez: And they -- Chairman Winton: But we also have the tool -- Commissioner Sanchez: Yeah. Chairman Winton: -- which is the final tool to close down the establishment permanently -- Commissioner Gonzalez: Code Enforcement. Chairman Winton: -- and that's Nuisance Abatement; not code enforcement, Nuisance Abatement, and so the point I'm trying to make to you all is I think we have a broken nuisance abatement system. I don't know if it's the board or our own process of getting information before the board, so who's the appropriate -- the Attorney's -- is it the Manager's Office? Who's office should analyze that system and give a report back to us in terms of how it's working and real data showing us effectiveness or non -effectiveness? I mean, who's -- Mr. Vilarello: The City Manager is responsible for the Nuisance Abatement Board administratively. We prosecute the cases before the Nuisance Abatement Board, and we'll certainly (INAUDIBLE) -- Chairman Winton: So we need a -- Mr. Vilarello: -- put together and give you a report. Chairman Winton: -- keen effort here to analyze it, so could we -- could I get somebody to pass a motion here that would direct the City Manager and the City Attorney's office to study how the Nuisance Abatement Board system is working. Take the time you need -- you know, let's not 76 June 12, 2003 make this an emergency. Give them 90 or 120 days, but come back to us, and -- you know, is that enough time for y' all? Commissioner Sanchez: I'll make the motion, and I'll add a friendly amendment, to include a process as to, one, enforcement, the Police Department, enforcement of the code violations, and then creating a system to where it goes in front of the Nuisance Abatement Board to shut these businesses down. Chairman Winton: Yeah, we -- Commissioner Gonzalez: Second. Chairman Winton: OK. We have a mo -- yes, sir. Mr. Vilarello: Mr. Chairman -- Chairman Winton: Mr. City Attorney. Mr. Vilarello: -- I would like to point out that you -- you did point out the difference between the two problems. This ordinance before you is going to help us with the liquor law violations and the crimes associated with these cafeterias, which are turning into bars in the evenings, versus the drugs and the prostitutions, which are items that can be dealt with clearly under existing laws before the Nuisance Abatement Board. Chairman Winton: Right, so we have a motion and a second to team the City Manager's office and City Attorney's office together to do a thorough analysis of how the nuisance abatement system is working, and to come back to this body within -- y'all want 90 or 120 days? Mr. Vilarello: I think 30 days is more than enough time. Chairman Winton: Well, 60 then? Mr. Vilarello: Sixty is fine. Chairman Winton: OK, come back to us in 60 days with not only a report, but your recommendations in terms of any changes we might need to make. We have a motion and a second. Further discussion? Being none -- Commissioner Gonzalez: I just -- Chairman Winton: I'm sorry, yes. Commissioner Gonzalez: -- want to add that I have seen police officers come to the Nuisance and Abatement Board with solid, strong cases of repeated offenses, and the people have been let go. I mean, you know -- 77 June 12, 2003 Chairman Winton: And that's a part of -- Commissioner Gonzalez: -- so we're wasting the resources of the -- Chairman Winton: Right. Commissioner Gonzalez: -- Police Department, the hours of the Police Department, and the officers, and once it gets to the board, nothing happens, so -- Chairman Winton: Well, that's a part of the analysis that this team's going to do and bring recommendations back to us to fix that problem. Any further discussion? Being none, all in favor, "aye." Mr. Vilarello: Mr. Chairman -- The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion -- Oh, I'm sorry. Mr. Vilarello: That was on the motion for the report. I'm sorry. Chairman Winton: I'm sorry? Mr. Vilarello: That was the motion directing us to bring back a report. Chairman Winton: Yes. All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following motion was introduced by Commissioner Sanchez, who moved its adoption: MOTION NO. 03-654 A MOTION DIRECTING THE CITY MANAGER AND THE CITY ATTORNEY TO CONDUCT A THOROUGH ANALYSIS OF THE NUISANCE ABATEMENT BOARD SYSTEM AND COME BACK TO THE COMMISSION WITHIN 60 DAYS WITH A REPORT AS TO HOW SAID SYSTEM IS CURRENTLY WORKING AND INCLUDE RECOMMENDATIONS FOR A PROCESS ON IMPROVED ENFORCEMENT OF CODE VIOLATIONS AND REGULATIONS. 78 June 12, 2003 Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Chairman Winton: We have an 11 o'clock time certain. Mr. Vilarello: Mr. Chairman, on this -- on the main item, 21, the Police Department does have a presentation. We'll try to make it brief, but I think it's important to establish on the record the kind of problems that we're facing. Chairman Winton: OK. Major Mario Garcia (Police Department): Good morning, Mr. Mayor, and Mr. City Manager, and Commissioners. I'm Mario Garcia. I'm the major in charge of the south district. I brought with me here Commander Manny Orosa, who's the commander of the Flagami NET area, and Sergeant Joe Siglie, who is our expert when it comes to bar checks and liquor establishment locations and inspections. Currently, the system that we have in the City of Miami for checking liquor establishments is under my command, under one command, and we go throughout the entire city in conjunction and partnership with several organizations, State Beverage, the NET administrators, Code Enforcement, the Health Department, the Department of Sanitation, and we try to bring in as many entities together because we're dealing with quality of life issues in these places. These places that we're talking about -- and we've got documentation throughout the City. These are not your regular lounges or nightclub establishments. These are cafeterias that we have documented proof that operate after 10 p.m. as either bar/nightclubs, and in some occasions, excuse the word, as bordellos. There's a lot of prostitution going on. We routinely go to these locations. We effect arrest whether it's for liquor violations, or drugs, or prostitution, and many times, we can effect those arrests, so Code Enforcement and the Health Department, they apply pressure from different angles, and the partnership that we have is very effective. I don't want you to think that we have been ineffective. No, many of them, we force them into compliance. You see the map in front of you has a legend. The red dot depicts the problem locations, and then what we have is we have the crimes that occur around those locations in the City of Miami, specifically, burglaries, robberies, and assaults, and a lot of them occur as these folks -- a lot of these folks that frequent these places, as they leave. I brought with me Sergeant Siglie, and Sergeant Siglie is going to explain to you some of the mechanics involved in this process and how effective we are, and we do have an answer for Commissioner Winton that we have had cases where we've brought before Nuisance Abatement, and because of the way that the law is -- the rules are made, the next day these guys go out and open up the business under another license, or they use a cousin to open it up under another name, so we elicit your support. 79 June 12, 2003 We have documented letters from citizens where they've requested that we assist their communities, specifically Allapattah and the south district, east and west in Flagami area -- east and west Little Havana, and the Flagami area. If you have any questions, I'll be willing to answer, but I brought with me -- Commissioner Gonzalez: I do have a question. Did you say that you're in charge of this operation citywide -- Major Garcia: Citywide, we -- Commissioner Gonzalez: -- or checks citywide? Major Garcia: Yes, sir. Commissioner Gonzalez: How come we had -- I had an operation in Allapattah about a month ago and you were not there. Nobody was -- Major -- Major Garcia: That's why I have commanders and -- NET commanders and lieutenants and captains. Commissioner Gonzalez: You know, but I had the major of central district there present. Major Garcia: He can be there, but the reporting system and the documentation comes through one command, and we were directly involved. We were honored that we were asked to work together with the City Attorney and the NET Administrator in putting the mechanics for this ordinance together. Chairman Winton: OK. Commissioner Gonzalez: Mr. Manager, one issue on that system and their work on these bar checks, and the reason I'm telling you this is because I cannot reveal when it's going to happen. Soon, we're going to have an operation in Allapattah. I would like to have the NET inspectors work with the Police Department in order to conduct these bar checks because the Police Department can do something on the -- on violations of possession of cocaine, and whatever, whatever, whatever, but whenever they have a Code violation, police officers are not experts on Code violations, so if we have NET inspectors -- and that was a portion that failed. At the last operation that we had in Allapattah, we don't have -- we didn't have one single inspector from the NET office. I know it was late at night. I know it was a Friday, and everybody likes to go home on Friday and party, and all of that, but you know, I want to make sure that whenever we're going to have this other operation in Allapattah, I will make sure that they inform you so we have the NET inspectors working with the Police Department so they can assist the police officers on doing their work on the bars. Chairman Winton: I'm not sure that should be just an Allapattah request -- Major Garcia: No. 80 June 12, 2003 Chairman Winton: -- if you know what I mean. Major Garcia: If I may answer that, Mr. Commissioner. Two answers; number one, the reason why it's under one command is so we can maintain consistency and uniformity across the board, but I have here with me Mr. Pablo Canton, and I know that when we go out and we schedule -- we don't schedule -- very rarely, I'm not saying it hasn't happened, but very rarely do we go out and we do a bar check operation without linking with the NET administrators and the NET coordinator. We've enjoyed a very good relationship with them, and we've been doing this, quite frankly, for 15 years. We've been using the different entities, but I have Mr. Pablo Canton here that he can answer those questions. Chairman Winton: Well, but -- and you don't have to have the NET people physically present during the time, but you just have to make sure that you have an adequate file with you that the NET office has prepared that identifies their own Code violations. Yes, sir. One minute because we need to wrap this up. Joe Arriola (City Manager): Well, Mr. Chairman, one thing that -- for Commissioner. I have not spoken to them yet, but one of the things that might make our police force a little unhappy is I'm going to ask him to train them in Code violations, so when they go out there, they would have the authority to cite people on Code violations, so that's going to be part of the program. Chairman Winton: A bigger team. OK. (INAUDIBLE) Pablo Canton (NET Administrator, East Little Havana): If I can say, we have been involved in Code Enforcement and been involved checking out these bars for years, and we used to, at one time, issue $500 tickets for people operating a restaurant/cafeteria as a bar, but that's the reason we're here. Couple years ago, the City Attorney came with an interpretation on the Code, which again, is not clear. The Code is not there. You know, the Code is very unclear, and we were going through -- applying the Code through a Zoning Administrator interpretation, but the City Attorney indicated that the way it reads right now, as long as you have food available -- in other words, you can have ham and cheese in the refrigerator, everybody can be drinking beer at the location, and it would not be a Code violation. In other words, it will be fine, and that's why we're here. That's why we're trying to pass this ordinance that clarifies what's a restaurant, what's a cafeteria, and what they can do and they can't. Chairman Winton: Anything else on their presentation? Mr. Vilarello: Mr. Chairman, just -- Chairman Winton: Yes. Mr. Vilarello: -- very quickly, Sergeant Siglie is going to make a short presentation with regard to -- I understand that you all live with this problem. However, the record needs to be -- contain information that will uphold this ordinance, if challenged, so we if can do -- very briefly, if the 81 June 12, 2003 sergeant can testify as to why the reduction in hours of operation will significantly help in police law enforcement. Sergeant Joe Siglie (Police Department): Good morning. My name is Sergeant Joe Siglie. Basically, for the last eight years -- well, I've been at the south district -- I've supervised all the district bar checks, both in the district and citywide. I did my first bar check 23 years ago, so I have a little bit of experience on what I'm talking. Regarding your question as to why we don't close some of these places, about four years ago, there's three cafeterias on Flagler, between 26 Avenue and 27 Avenue. We shut them down for about six months, revoked their City occupational license. They had a hearing. They put their licenses under new names. They reopened; they're back in business today. They're back dealing cocaine, marijuana; you name it, they're doing it. I have a file full of arrests -- Chairman Winton: Well, let me interrupt you. This is exactly -- so, as a part of y'alls [sic] analysis, you're going to bring recommendations back to us that will allow us to deal with that issue -- allow you all, all of us, to deal with that issue so that they -- Sergeant Siglie: But -- Chairman Winton: -- can't get through this loophole. Sergeant Siglie: --I -- Chairman Winton: And I'd rather not -- I'd rather have your presentation stay focused on whatever is you need to present. I'll get my questions on this stuff answered in this report. Sergeant Siglie: OK, sir. Basically, there's a reason why, in certain neighborhoods, you don't see the drug peddler on the corner, or the prostitute standing on the corner, or the guy taking numbers on the corner. I tell you where they're at. They're in these places. We visit them -- I visit them at all hours of the day. The problem were most prevalent after 10 o'clock at night. These people, they come here to the City. They tell you, oh, we want to operate as a restaurant or a cafeteria, and what they're doing is totally opposite of what they're telling you. They're operating gambling operations, prostitution, cocaine and marijuana, and I have documentation for the last eight years that I've been at the south district. I have case file there I can show you case after case, location after location. There is 144 cafeterias in West Little Havana. I have visit every single one of them. I have visit every cafeteria in East Little Havana. I have been in Allapattah. I've been throughout the whole City. This is a reoccurring problem with these places. This ordinance would eliminate the majority of these problems. It's not only in the establishments; it's in the surrounding areas of these establishments, with all this drug dealing that's going on. The citizens are complaining, and I assure you that if we pass this ordinance, this would minimize the effect to those communities. Some of these people that visit these locations, they drink, and they get out of these locations 4 or 5, 6 in the morning, and they themselves become victims of crime because they're drunk and they get robbed, so it's not only just the operators of the place, but the patrons that also get affected, as long as the citizens that live in the area. 82 June 12, 2003 Mr. Vilarello: And, Sergeant, this activity is more prevalent after 10 o'clock in the evening? Sergeant Siglie: Yes, sir, and I want to cite to you a case of my most recent bar check, which was about two weeks ago, and I just went to the State Attorney's Office yesterday. I arrested a bar owner/cafeteria, and he had eight baggies of cocaine. The case is still pending, so it's not just the people that are visiting. It's the actual owners of these establishments that are involved in the actual drug sales and gambling operations. Mr. Vilarello: Mr. Chairman, if I could just ask one more person to step forward, Commander Orosa, and identify two documents, which I'd like to introduce into the record. Commander Orosa, you prepared two reports, one on the Cuban Princess Cafeteria at 6744 West Flagler Street, and the other on Cafe Encopas Cafeteria at 4485 Southwest 8th Street? Commander Manny Orosa: Yes, sir. I did. My name is Manny Orosa. I'm the commander of the Flagami NET office. I prepared two packages of -- I singled out two cafeterias in my area, gave it to the City Attorney's Office. To be brief, one basically is a big detriment to the neighborhood. We've got letters from residents. We've got letters from Commissioner Regalado complaining of the place. We have basically arrests all around the area for cocaine and drugs, and that's one place that I singled out. The other place that I singled out, I furnished to the City Attorney's Office -- even the owner got shot for cocaine, got shot in the bar, and basically, that place became a -- what we call a nudie bar, and it's a cafeteria, and I furnished them documents. I got a magazine, but if I give it to you, it'll be X-rated, so that we might not pass the censors. Mr. Vilarello: Mr. Chairman, I'd like to introduce both these reports as the -- an example of the general problem that we have, and want to introduce these into the record, if you'll accept those, please. Chairman Winton: I would assume you have data on the number of arrests made in all of these illegal establishments that you've identified. I would assume you have that data; is that correct? Mr. Vilarello: Calls for service, yes. Chairman Winton: And can you -- I would assume then that you could extract then the percentage of total crime in the City of Miami, the percentage of crime created in these establishments as a percentage of the whole in the City of Miami. Commander Orosa: The situation with that is we can extrapolate what happened at the location, but what you also have to consider is the surrounding area that has gone down the tubes because of the location, and the crime associated with that location in the surrounding areas. For example, a bunch of drug cases right around the -- either the parking lot, or the corner, or behind the fence of the location -- Chairman Winton: But if you can attribute it to that location, it becomes part of your database. Commander Orosa: Yes, sir. 83 June 12, 2003 Chairman Winton: I mean -- and you don't need that data introduced into the record, Mr. City Attorney? Mr. Vilarello: Pardon me? Chairman Winton: You don't need this kind of data introduced into the record? Mr. Vilarello: We do have the data already compiled within the reports, I believe. Chairman Winton: So -- well, I'm just trying to help, you know. I -- you needed this expert testimony -- Mr. Vilarello: The statistics -- Chairman Winton: Zero data that came to us in this expert testimony, so I was wondering how important that was. Mr. Vilarello: The statistics are part of our business records, and they're introduced in any event, so -- Chairman Winton: Great. Commander Orosa: Mr. Commissioner, I just want to cite one other location that -- after making probably a dozen narcotics arrests there. The address is 1947 Northwest 7th Street, and we closed it with State Beverage after numerous drug sales there, but I want to add -- Commissioner Sanchez: They're all in my district. Commander Orosa: -- that that particular location, a cafeteria/restaurant, had a marijuana hydroponics lab in the back of that location, and that is a so-called restaurant/cafeteria. Commissioner Sanchez: Not only are they selling it, they're growing it. Commander Orosa: They were actually growing it. Chairman Winton: They're probably putting it in their hamburgers. Commander Orosa: And -- Unidentified Speaker: They don't sell hamburgers. Commander Orosa: --so, I just -- Commissioner Sanchez: They don't sell any hamburgers there, pal. 84 June 12, 2003 Commander Orosa: -- trying to give you an overview -- Chairman Winton: Wrong food source. Commander Orosa: -- of the extent of illegal activities that occur in these so-called restaurant/cafeterias. Chairman Winton: Got it. Thank you. Any other testimony? Mr. City Attorney. Mr. Vilarello: No, Mr. Chairman. Chairman Winton: So we have a -- Commissioner Sanchez: The Small -- Luis Sabines, Jr.: Can I make -- Commissioner Sanchez: -- Business Opportunity -- Mr. Sabines: Just one moment, Luis Sabines, Jr., Small Business Opportunity Center. This particular cafeteria this gentleman's talking about was just purchased by a new lady named Ana Mesa, and she's planning up -- to open a new restaurant. She called me to give her help with a federal grant for a facade program. I looked in the federal regulations, and any business who's doing any kind of illicit activity does not qualify for federal funds, so I can tell you that the Small Business Opportunity Center, we always check with the NET Office. If you have gambling machines, any kind of violation for prostitution, we're not going to help you -- Chairman Winton: Great. Mr. Sabines: -- with any money from -- not only that, me and Commissioner Sanchez went to ATF to speak to Jorge Herrera. The situation is this, you need to pass a law for what they're saying so somebody can't come the next day and open that business. Maybe something that if an establishment is closed, you could not open the same business -- Chairman Winton: All right. Mr. Sabines: -- for a year, and confiscate those gambling machines. Chairman Winton: Yeah, we -- Mr. Sabines: Let's not let the people take them, because what they do is they'll take them from here and put them there. Commissioner Sanchez: Well, we're working on that. Chairman Winton: Yeah. 85 June 12, 2003 Mr. Sabines: All right. Chairman Winton: So -- Commissioner Sanchez: That'll be -- Chairman Winton: -- OK. Commissioner Sanchez: -- another ordinance coming in front of us soon. Chairman Winton: OK, anything else? Mr. City Attorney, anything else? OK. We need -- you need to read the ordinance, please. Mr. Vilarello: It's an ordinance of the -- Chairman Winton: Do we have a motion on this? Mr. Vilarello: I think you have -- Priscilla A. Thompson (City Clerk): Yes, yes. Chairman Winton: We have a motion and a second, OK. Read the ordinance. The Ordinance was read by title into the public record by the City Attorney. Chairman Winton: Roll call, please. An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 4, ARTICLE I, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ALCOHOLIC BEVERAGES," BY REPEALING, IN THEIR ENTIRETY, SECTIONS 4-2 AND 4-3 AND SUBSTITUTING IN LIEU THEREOF NEW SECTIONS 4-2 AND 4-3, ENTITLED "DEFINITIONS," AND "HOURS DURING WHICH SALES ALLOWED; SUNDAY SALES," RESPECTIVELY, TO MODIFY AND CLARIFY RELEVANT DEFINITIONS, AND ESTABLISH THE HOURS IN WHICH ALCOHOLIC BEVERAGES MAY BE SOLD; FURTHER ADDING NEW SECTION 4-14 ENTITLED "REQUIREMENTS FOR RESTAURANTS," TO REGULATE THE CONSUMPTION OF ALCOHOLIC BEVERAGES ON THE PREMISES OF FOOD AND BEVERAGE RETAIL ESTABLISHMENTS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 86 June 12, 2003 The ordinance was passed on its first reading, by title, at the meeting of May 22, 2003, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Gonzalez, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12375. Ms. Thompson: The ordinance is adopted on second reading, 3/0. Chairman Winton: Mr. Mayor -- Commissioner Sanchez: Congratulations. Chairman Winton: -- do you have something else, Mr. Mayor, at 11? Commander Orosa: Thank you very much. Chairman Winton: Thank you all. Mr. Mayor, no? OK. Done. 26. SECOND READING ORDINANCE: AMEND SECTION 54-342 OF CITY CODE ENTITLED "STREETS AND SIDEWALKS/COCONUT GROVE SPECIAL EVENTS DISTRICT", TO INCREASE NUMBER OF MEMBERS ON COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE FROM NINE TO TEN MEMBERS TO INCLUDE REPRESENTATIVE OF COCONUT GROVE CHAMBER OF COMMERCE AS MEMBER OF COMMITTEE AND PROVIDE FOR INSTANCES OF TIE VOTE. Chairman Winton: Item 22. Commissioner Regalado: Are we doing the blue pages in the afternoon, right? Chairman Winton: Yeah, I think we'll do them as soon as -- I think we'll take the blue pages up immediately following the required public hearings we have on -- so that we make sure we get to your blue pages early this year -- this time. Commissioner Regalado: OK. Chairman Winton: Then you don't get -- 87 June 12, 2003 Commissioner Regalado: Like 9:30? Chairman Winton: -- bounced again. OK, 22. This is a second reading ordinance, and I have a suggestion. Did we fix this problem last time, Mr. City Attorney, on 22? You're going to end up with ten members, so you're going to end up with a tie vote. Alejandro Vilarello (City Attorney): Yes, we fixed that problem at the last reading. The chair would break the tie. Chairman Winton: OK, great. OK. We have a -- we need a motion on second reading ordinance on this. Commissioner Regalado: Move it. Commissioner Sanchez: So move. Chairman Winton: Motion, second. Read the ordinance, please. The Ordinance was read by title into the public record by the City Attorney. Chairman Winton: Roll call, please. An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLES IX OF THE CITY CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/COCONUT GROVE SPECIAL EVENTS DISTRICT", TO INCREASE THE NUMBER OF MEMBERS ON THE COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE FROM NINE TO TEN MEMBERS TO INCLUDE A REPRESENTATIVE OF THE COCONUT GROVE CHAMBER OF COMMERCE AS A MEMBER OF THE COMMITTEE AND PROVIDE FOR INSTANCES OF A TIE VOTE; MORE PARTICULARLY BY AMENDING SECTION 54-342; CONTAINING A REPEALER PROVISION; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. 88 June 12, 2003 The ordinance was passed on its first reading, by title, at the meeting of May 22, 2003, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Regalado, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12376. Priscilla A. Thompson (City Clerk): The ordinance is adopted on second reading, 4/0. 27. SECOND READING ORDINANCE: CREATE NEW SPECIAL REVENUE FUND ENTITLED: "PROGRAMS FOR THE DEVELOPMENTALLY DISABLED, 2003 —2004"; APPROPRIATE $344,114, CONSISTING OF GRANT, $9,370 FROM STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES AND SECOND GRANT, $334,744, FROM STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION, MEDICAID PROGRAM DEVELOPMENT, BOTH GRANTS TO FUND PROGRAMS FOR DEVELOPMENTALLY DISABLED ADMINISTERED BY PARKS AND RECREATION DEPARTMENT. Chairman Winton: 23, second reading ordinance. Commissioner Sanchez: So move. Commissioner Gonzalez: 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. Chairman Winton: Roll call. 89 June 12, 2003 An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION CREATING A NEW SPECIAL REVENUE FUND ENTITLED: "PROGRAMS FOR THE DEVELOPMENTALLY DISABLED, 2003-2004" APPROPRIATING FUNDS FOR ITS OPERATION IN THE ESTIMATED TOTAL AMOUNT OF $344,114, CONSISTING OF A GRANT, IN AN ESTIMATED AMOUNT OF $9,370 FROM THE STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES AND A SECOND GRANT, IN THE ESTIMATED AMOUNT OF $334,744, FROM THE STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION, MEDICAID PROGRAM DEVELOPMENT, BOTH GRANTS TO FUND PROGRAMS FOR THE DEVELOPMENTALLY DISABLED WHICH ARE ADMINISTERED BY THE PARKS AND RECREATION DEPARTMENT THROUGH ITS PROGRAMS FOR PERSONS WITH DISABILITIES DURING THE PERIOD OF JULY 1, 2003 THROUGH JUNE 30, 2004; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANTS AND EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT ACCEPTANCE OF BOTH GRANTS. The ordinance was passed on its first reading, by title, at the meeting of May 22, 2003, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Sanchez, seconded by Commissioner Gonzalez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12377. Priscilla A. Thompson (City Clerk): The ordinance is adopted on second reading, 4/0. 90 June 12, 2003 28. AUTHORIZE MANAGER TO EXECUTE AMENDMENT TO LEASE AGREEMENT BETWEEN CITY AND NEW SPANISH CONCEPTS, LLC., TO AMEND SECTION 22.1 OF AGREEMENT TO EXTEND TERM TO COMPLETE CONSTRUCTION OF ADDITIONAL LEASEHOLD IMPROVEMENTS FOR ADDITIONAL SIX-MONTH PERIOD FOR LEASE, MANAGEMENT AND OPERATION OF RESTAURANT ON CITY -OWNED PROPERTY LOCATED AT 1000 SOUTH MIAMI AVENUE. Chairman Winton: I've been asked to take up Item Number 3 in my blue pages, which is a lease issue on a restaurant in the City of Miami. Mr. Manager, do you have your staff ready to -- that's on the lease between City of Miami and New Spanish Concepts. That's on Firehouse 4. Commissioner Regalado: You wanted to -- do you want me to chair, or you wanted to move it? Do you want me to move it? Alejandro Vilarello (City Attorney): That's District -- Chairman Winton: Yeah. Mr. Vilarello: -- 2, Item B. Chairman Winton: You want -- Commissioner Sanchez: So move. Commissioner Gonzalez: Second. Commissioner Regalado: It's been moved and second already. Commissioner Sanchez: There's a motion and a second. Chairman Winton: Oh, I can do that. Yeah, it's already moved and second, so I can finish this up, can't I? Commissioner Regalado: You don't have to do anything. 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. The motion carries. 91 June 12, 2003 The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 03-655 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE LEASE AGREEMENT, AS AMENDED, ("AGREEMENT") BETWEEN THE CITY OF MIAMI AND NEW SPANISH CONCEPTS, LLC., TO AMEND SECTION 22.1 OF THE AGREEMENT TO EXTEND THE TERM TO COMPLETE THE CONSTRUCTION OF ADDITIONAL LEASEHOLD IMPROVEMENTS FOR AN ADDITIONAL SIX-MONTH PERIOD FOR THE LEASE, MANAGEMENT AND OPERATION OF A RESTAURANT ON CITY -OWNED PROPERTY LOCATED AT 1000 SOUTH MIAMI AVENUE, MIAMI, FLORIDA. (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 Commissioner Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Chairman Winton: Good luck. Commissioner Regalado: That was easy. Chairman Winton: We're looking forward to it reopening. 92 June 12, 2003 29. SECOND READING ORDINANCE: AMEND CHAPTER 2, ARTICLE XI, DIVISION 2 OF CITY CODE ENTITLED "ADMINISTRATION, BOARDS, COMMITTEES, COMMISSIONS, STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY", BY ADDING NEW SUBSECTION 2-885(c) TO ALLOW COMMISSION TO WAIVE, BY UNANIMOUS VOTE, EIGHT YEAR CONSECUTIVE TERM LIMIT FOR INDIVIDUALS APPOINTED TO CITY BOARDS, COMMITTEES, AND COMMISSIONS. Chairman Winton: OK. We're on 24. Commissioner Gonzalez: Move 24. Chairman Winton: OK. We have a motion. Do we have a second? That's on the waiving the -- Alejandro Vilarello (City Attorney): The eight-year term limit. Commissioner Sanchez: Yeah. Commissioner Gonzalez: Waive -- Chairman Winton: The eight-year -- Commissioner Gonzalez: -- the eight-year -- Chairman Winton: -- term limit. Commissioner Gonzalez: -- term limit. Chairman Winton: Oh, I remember what we did. I wrote on here -- I was going to say no, but I remembered what we -- the way we changed this is -- Commissioner Gonzalez: Yeah, we changed -- Chairman Winton: -- it would require -- Commissioner Gonzalez: -- it from four -fifth -- Chairman Winton: -- a unanimous -- Commissioner Gonzalez: -- to unanimous. Chairman Winton: OK. Mr. Vilarello: Right. Chairman Winton: And -- 93 June 12, 2003 Commissioner Sanchez: OK. Chairman Winton: -- that gives you -- I'm comfortable with that. Commissioner Gonzalez: Right. Commissioner Sanchez: All right. If it's -- but -- we changed it to a unanimous -- Chairman Winton: Unanimous -- Commissioner Sanchez: -- five -- fifth. Mr. Vilarello: Yes. Chairman Winton: It has to be -- Commissioner Sanchez: OK, second. Chairman Winton: -- all five, and that gives us -- Commissioner Sanchez: Second because I took to heart your statement about -- Chairman Winton: OK. Commissioner Sanchez: -- the arrogant -- Commissioner Gonzalez: Yeah. Commissioner Sanchez: Yeah. OK, so I'll second it as long as it's amended to unanimous vote. Chairman Winton: OK, we have a motion and a second on the second reading ordinance. Read the ordinance, please. The Ordinance was read by title into the public record by the City Attorney. Chairman Winton: Roll call, please. 94 June 12, 2003 An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ARTICLE XI, DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION, BOARDS, COMMITTEES, COMMISSIONS, STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY", TO ALLOW THE CITY COMMISSION TO WAIVE, BY UNANIMOUS VOTE, THE EIGHT YEAR CONSECUTIVE TERM LIMIT FOR INDIVIDUALS APPOINTED TO CITY BOARDS, COMMITTEES, AND COMMISSIONS; MORE PARTICULARLY BY ADDING NEW SUBSECTION 2-885(c) TO SAID CODE; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. The ordinance was passed on its first reading, by title, at the meeting of May 22, 2003, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Gonzalez, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12378. Priscilla A. Thompson (City Clerk): The ordinance is adopted on second reading, 4/0. 30. SECOND READING ORDINANCE: AMEND SECTION 11.5-28(c)(4)(c.) OF CITY CODE ENTITLED "CIVILIAN COMPLAINT INVESTIGATION AND REVIEW" TO EXEMPT CERTAIN MEMBERS OF CIVILIAN INVESTIGATIVE PANEL FROM REQUIREMENT TO COMPLETE CITIZENS POLICE ACADEMY TRAINING OR APPROVED TRAINING THROUGH NACOLE (NATIONAL ASSOCIATION OF CITIZENS' OVERSIGHT OF LAW ENFORCEMENT) OR EQUIVALENT PROGRAMS. Chairman Winton: Second reading, 25. Second reading ordinance, Item 25. Commissioner Gonzalez: Move 25. Chairman Winton: Got a motion. Need a second. Commissioner Regalado. Commissioner Regalado: Yeah. 95 June 12, 2003 Chairman Winton: OK. Got a motion and a second. Read the ordinance, please. The Ordinance was read by title into the public record by the City Attorney. Chairman Winton: Roll call. An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 11.5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "CIVILIAN COMPLAINT INVESTIGATION AND REVIEW" TO EXEMPT CERTAIN MEMBERS OF THE CIVILIAN INVESTIGATIVE PANEL FROM THE REQUIREMENT TO COMPLETE CITIZENS POLICE ACADEMY TRAINING OR APPROVED TRAINING THROUGH NACOLE (NATIONAL ASSOCIATION OF CITIZENS' OVERSIGHT OF LAW ENFORCEMENT) OR EQUIVALENT PROGRAMS; MORE PARTICULARLY BY AMENDING SECTION 11.5-28(c)(4)(c.) OF THE CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. The ordinance was passed on its first reading, by title, at the meeting of May 22, 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 Commissioner Angel Gonzalez Commissioner Tomas Regalado NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Commissioner Joe Sanchez SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12379. Priscilla A. Thompson (City Clerk): The ordinance is adopted on second reading, 3/0. 96 June 12, 2003 31. SECOND READING ORDINANCE: AMEND ORDINANCE NO. 12190, AND APPROPRIATE ADDITIONAL FUNDS TO SPECIAL REVENUE FUND ENTITLED "DUPONT PLAZA PROJECT — METROMOVER REALIGNMENT IN DOWNTOWN MIAMI", $1,300,000, CONSISTING OF GRANT FROM STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION OUTREACH PROGRAM TO PREPARE FINAL DESIGN TO ADDRESS TRANSIT REALIGNMENT AND TRAFFIC REDIRECTION WITHIN PROJECT STUDY AREA. Chairman Winton: Item 26, second reading ordinance. Need a -- Commissioner Regalado: Move it. Commissioner Gonzalez: 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. Chairman Winton: Roll call, please. An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 12190, AND APPROPRIATING ADDITIONAL FUNDS TO THE SPECIAL REVENUE FUND ENTITLED "DUPONT PLAZA PROJECT - METROMOVER REALIGNMENT IN DOWNTOWN MIAMI," IN THE AMOUNT OF $1,300,000, CONSISTING OF A GRANT FROM THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION OUTREACH PROGRAM TO PREPARE THE FINAL DESIGN TO ADDRESS TRANSIT REALIGNMENT AND TRAFFIC REDIRECTION WITHIN THE PROJECT STUDY AREA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 97 June 12, 2003 The ordinance was passed on its first reading, by title, at the meeting of May 22, 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 Commissioner Angel Gonzalez Commissioner Tomas Regalado NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Commissioner Joe Sanchez SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12380. Priscilla A. Thompson (City Clerk): The ordinance is adopted on second reading, 3/0. 32. FIRST READING ORDINANCE: AMEND CHAPTER 42/ARTICLE IV, OF CITY CODE ENTITLED "POLICE/TOWING AND IMMOBILIZATION OF MOTOR VEHICLES," BY ADDING NEW SECTION 42-112 TO PROVIDE FOR NOTICE, HEARING PROCESS, AND BOND PROCEDURES FOR RECOVERY OF STOLEN VEHICLES. Chairman Winton: 25 was -- 27 was withdrawn, so we're on Item 28. It's a first reading ordinance. Commissioner Gonzalez: Move 28. Commissioner Regalado: Second. Chairman Winton: Got a motion and a second on 28. Read the ordinance, please, Mr. City Attorney. Alejandro Vilarello (City Attorney): As I'm reading the ordinance, I am changing one of the words; the word stolen to impounded. The Ordinance was read by title into the public record by the City Attorney. Commissioner Winton: Roll call. 98 June 12, 2003 An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 42, ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED: "POLICE TOWING AND IMMOBILIZATION OF MOTOR VEHICLES," TO PROVIDE FOR THE NOTICE, HEARING PROCESS, AND BOND PROCEDURES FOR THE RECOVERY OF IMPOUNDED VEHICLES; MORE PARTICULARLY BY ADDING A NEW SECTION 42-112 OF SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. It 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 Commissioner Angel Gonzalez Commissioner Tomas Regalado NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Commissioner Joe Sanchez Priscilla A. Thompson (City Clerk): The ordinance is passed on first reading, 3/0. 33. FIRST READING ORDINANCE: AMEND ORDINANCE NO. 12280, CAPITAL PROJECTS APPROPRIATIONS ORDINANCE, TO INCREASE APPROPRIATIONS FOR CAPITAL IMPROVEMENT PROJECT NO. 313855 ENTITLED "OCTOBER 2000 FLOOD RECOVERY", $8,500,000 CONSISTING OF $3,150,000 OF LOCAL OPTION GAS TAX REPROGRAMMED FROM CIP NO. 341183, $4,000,000 OF STORM SEWER BONDS, $1,000,000 OF STORMWATER UTILITY TRUST FUNDS AND $350,000 OF STORMWATER UTILITY TRUST FUND INTEREST. Commissioner Gonzalez: Move 29. Chairman Winton: Got a motion. Need a second. Commissioner Regalado. Commissioner Regalado: Second. Chairman Winton: Got a motion and a second on 29. Read the ordinance, please. The Ordinance was read by title into the public record by the City Attorney. Chairman Winton: Roll call, please. 99 June 12, 2003 An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 12280, THE CAPITAL PROJECTS APPROPRIATIONS ORDINANCE, TO INCREASE APPROPRIATIONS FOR CAPITAL IMPROVEMENT PROJECT NO. 313855 ENTITLED: "OCTOBER 2000 FLOOD RECOVERY," IN THE AMOUNT OF $8,500,000 CONSISTING OF $3,150,000 OF THE LOCAL OPTION GAS TAX REPROGRAMMED FROM CIP NO. 341183, $4,000,000 OF STORM SEWER BONDS, $1,000,000 OF STORMWATER UTILITY TRUST FUNDS, AND $350,000 OF STORMWATER UTILITY TRUST FUND INTEREST; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. It 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 Commissioner Angel Gonzalez Commissioner Tomas Regalado NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Commissioner Joe Sanchez Priscilla A. Thompson (City Clerk): The ordinance is passed on first reading, 3/0. 34. TABLED: APPOINT INDIVIDUAL AS MEMBER OF MIAMI AND SOUTH FLORIDA COORDINATION COMMITTEE FOR CELEBRATION OF REPUBLIC OF HAITI BICENTENNIAL (JANUARY 1, 1804 -JANUARY 1, 2004). Chairman Winton: We've already done 30, so 30 -- now we're going to get into appointments. Commissioner Gonzalez: 31. What about -- Chairman Winton: 31, yes. Commission at -large has one appointment for the Haiti Bicentennial Coordination Committee. Commissioner Regalado: I move that Commissioner Arthur Teele will be appointed as the City of Miami representative. Priscilla A. Thompson (City Clerk): I'm sorry -- Commissioner Gonzalez: Second. 100 June 12, 2003 Ms. Thompson: -- Commissioner. I think he's already serving on that committee. Commissioner Regalado: Huh? Ms. Thompson: Commissioner Teele is already serving on -- Commissioner Regalado: I don't think so. Ms. Thompson: We'll double-check. Commissioner Sanchez: Serving on what? Chairman Winton: Why don't we defer this one until afternoon, when he -- if he's here. Commissioner Gonzalez: All right. Chairman Winton: 32. Ms. Thompson: Commissioner Regalado. He's the cochair. Commissioner Regalado: Oh, he's the -- Ms. Thompson: He's the cochair. Chairman Winton: Oh, he is the cochair? Ms. Thompson: Yes. Chairman Winton: So -- well, do we have anybody -- anyone else? So, we don't, so 32. 35. TABLED: APPOINT INDIVIDUALS AS MEMBERS OF COMMITTEE ON BEAUTIFICATION AND ENVIRONMENT. Chairman Winton: What is this one? Beautification and Environment. What are we doing on 32, Madam Clerk? Commissioner Regalado: I have two names, Mr. Chairman. Priscilla A. Thompson (City Clerk): On this one, they -- normally, what happens is that the Commission will normally approve the slate that is submitted by the committee, and on this particular instance, we have a total of 16 names that they proffered. Our other problem there is that, of the 16 names, we have 9 individuals, I think it is, that have already served eight years, so that the ordinance you just adopted regarding waiver of the eight years would not be effective for 30 days. Commissioner Gonzalez: Mr. Chairman -- 101 June 12, 2003 Commissioner Regalado: I don't know the 16 names. Ms. Thompson: They're on your -- they're on the backup memo. Commissioner Gonzalez: Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Gonzalez: I believe that we should defer this until afternoon so we have a complete, full Commission because -- Commissioner Sanchez: Here, here. Commissioner Gonzalez: -- I don't know anybody -- Chairman Winton: OK, fine. Forget -- 32 will go to afternoon so -- Commissioner Gonzalez: And I guess Commissioner -- Chairman Winton: -- Commissioner -- Commissioner Gonzalez: -- Regalado has the same problem. Chairman Winton: Yeah, and I didn't understand what was going on. The others become easier. 36. APPOINT RICK RODRIGUEZ PINA, LARRY COKER AND STEVE MARIN AS MEMBERS OF ORANGE BOWL ADVISORY BOARD. Chairman Winton: Orange Bowl Advisory Board, Commissioner Winton has two nom -- Do we have anybody? Commissioner Sanchez: Commissioner Gonzalez, so move. Commissioner Gonzalez: Second. Chairman Winton: What did you say? Commissioner Sanchez: Commissioner Gonzalez is the chairman. Commissioner Regalado: No, no, no, but we are not doing the -- Chairman Winton: No, this -- Commissioner Regalado: -- chairmanship now. 102 June 12, 2003 Chairman Winton: -- isn't chairman. Commissioner Regalado: We're doing the -- Chairman Winton: This is -- Commissioner Regalado: -- board members. Chairman Winton: -- board members. Commissioner Gonzalez: Oh, the board members. Commissioner Regalado: The individual -- Chairman Winton: The chairman's -- Commissioner Regalado: -- Commissioners need to appoint somebody. Chairman Winton: Yeah. Commissioner Regalado: The chairmanship of the boards are coming in a separate page, I think. Chairman Winton: That's correct. Commissioner Gonzalez: All right. Commissioner Regalado: This is -- Chairman Winton: All the chairmanships are on a separate -- Commissioner Sanchez: I will reappoint whoever I have there. Chairman Winton: OK. Commissioner Gonzalez: Second. Commissioner Regalado: Oh, it's only -- Chairman Winton: We only have -- hold on -- yeah, we have -- Commissioner Regalado: -- Teele, the Chairman, and the Mayor. Chairman Winton: And the Mayor, so Al Dotson was my appointee, who resigned, and I'm going to nominate Rick Rodriguez Pina. Commissioner Gonzalez: Second. 103 June 12, 2003 Chairman Winton: Oh, I can't -- listen, wait -- Commissioner Regalado: I'll move it. I'll move it. Chairman Winton: Thank you. We have a motion -- Commissioner Gonzalez: Second. Commissioner Sanchez: You appointed Rick to what? Chairman Winton: To the -- to your Orange Bowl Advisory Committee. Commissioner Sanchez: I'm not there anymore; he's got it. Chairman Winton: Well, whosever Orange Bowl Advisory Committee, so we have a motion and a second. Discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following motion was introduced by Commissioner Regalado, who moved its adoption: MOTION NO. 03-656 A MOTION APPOINTING RICK RODRIGUEZ PINA AS A MEMBER OF THE ORANGE BOWL ADVISORY BOARD. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Chairman Winton: And Larry Coker requires a waiver of elector requirement? Ms. Thompson: That's correct. Commissioner Gonzalez: Move for the waiver. 104 June 12, 2003 Commissioner Regalado: 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. The motion carries. The following resolution was introduced by Commissioner Gonzalez, who moved its adoption: RESOLUTION NO. 03-657 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ORANGE BOWL ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Chairman Winton: Mr. Mayor -- anyone from the Mayor's -- Commissioner Gonzalez: Mayor here? Chairman Winton: --office here? Commissioner Regalado: The Mayor says that the City Clerk has the appointments that he sent by letter. Ms. Thompson: We do. We have one, and that's Mr. Steve Marin. He was reappointed on 6/11/03. Commissioner Regalado: We need to move the Mayor's appointment. I'll move it. Commissioner Gonzalez: Second. 105 June 12, 2003 Chairman Winton: Got a motion and a second. Discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Motion carries. The following motion was introduced by Commissioner Regalado, who moved its adoption: MOTION NO. 03-658 A MOTION CONFIRMING THE MAYOR'S APPOINTMENT OF STEVE MARIN AS A MEMBER OF THE ORANGE BOWL ADVISORY BOARD. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Chairman Winton: Is there another one that he has, Madam Clerk? Ms. Thompson: He has not made that other one. Chairman Winton: I'm sorry? Ms. Thompson: He has not submitted a memorandum to us on the other appointment yet. Chairman Winton: OK. 37. APPOINT ROSA CABEZA AS MEMBER OF HEALTH FACILITIES AUTHORITY. Chairman Winton: 34, Health Facilities, Commissioner Gonzalez and Commissioner Sanchez. Commissioner Gonzalez: I reappoint Rosa Cabeza de la Torre. Chairman Winton: We have a motion -- Commissioner Sanchez: Second. 106 June 12, 2003 Chairman Winton: -- and a second. Discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following resolution was introduced by Commissioner Gonzalez, who moved its adoption: RESOLUTION NO. 03-659 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE HEALTH FACILITIES AUTHORITY FOR A TERM AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Chairman Winton: Commissioner Sanchez. Commissioner Sanchez: Which committee is that? Chairman Winton: Health -- Commissioner Gonzalez: Health -- Chairman Winton: -- Facili -- Commissioner Gonzalez: -- Facilities. Chairman Winton: -- Item 34. Commissioner Sanchez: Defer. Chairman Winton: Defer, OK. 107 June 12, 2003 Commissioner Gonzalez: Second. 38. APPOINT JOHN JONES AS MEMBERS OF EQUAL OPPORTUNITY ADVISORY BOARD. Chairman Winton: Item 35, Equal Opportunity Advisory Board. Commissioner Regalado: I -- Chairman Winton: Commissioner Regalado, you have one, and apparently, I have two. Commissioner Regalado: John Jones, but he needs a motion for employment waiver. Priscilla A. Thompson (City Clerk): Correct. Chairman Winton: So -- Commissioner Gonzalez: Second the appointment and the waiver. Chairman Winton: -- we have a motion and a second on the waiver. All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 03-660 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. (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 Commissioner Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. 108 June 12, 2003 Chairman Winton: Do I -- I'm reappointing? Well, Gongora resigned. I'll -- we'll defer mine. Commissioner Gonzalez: Second. 39. APPOINT MICHAEL GONGORA AS REGULAR MEMBER AND JOSE ANGEL PERDOMO AS ALTERNATE MEMBER OF CODE ENFORCEMENT BOARD. Chairman Winton: Item 36. Commissioner Gonzalez: Chairman Winton has one appointment. Commissioner Regalado: Mr. Chairman, I have to leave. Can I make my appointment later on, then? Chairman Winton: Sure. Commissioner Regalado: OK, thank you. Chairman Winton: And it looks like we're -- well, I don't have any of mine, so we'll go to 37, see if we could get anything done. 37, I'm going to reappoint Michael Gongora, and -- so somebody make that motion for me. Commissioner Gonzalez: So move. Chairman Winton: Thank you. Got a motion and a second on Michael Gongora, on Code Enforcement Board. Any further discussion? All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed? Commissioner Gonzalez: I believe that in -- Chairman Winton: The motion carries. The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 03-661 A MOTION APPOINTING MICHAEL GONGORA AS A REGULAR MEMBER OF THE CODE ENFORCEMENT BOARD. 109 June 12, 2003 Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado Commissioner Gonzalez: -- Code Enforcement, my appointment has missed three meetings, right? Priscilla A. Thompson (City Clerk): That'll be Ms. Corral; has exceeded the number of absences. Did you say your appointment or the at -large? Commissioner Gonzalez: Yeah, my appointment. Ms. Thompson: Let me just double check. Commissioner Gonzalez: Pardon me? Chairman Winton: She's going to double check for you. Ms. Thompson: Let me just double check for you. The only one I have listed here for reappointment would be Ms Corral. Chairman Winton: Y'all have -- and so, we probably need -- this is a real important board, so y' all -- Commissioner Gonzalez: OK, can I -- Chairman Winton: -- figure out who we might -- Commissioner Gonzalez: -- make an appointment citywide, Mr. Chairman? Chairman Winton: Yes, a Commission at -large; we have one. Commissioner Gonzalez: Jose Angel Perdomo. He's an ex police officer; served the City for twenty -some years. Chairman Winton: So we have a motion -- Commissioner Sanchez: Madam Clerk, this is Code Enforcement? 110 June 12, 2003 Commissioner Gonzalez: Yes. Chairman Winton: Yes. Commissioner Sanchez: OK -- Ms. Thompson: Yes, it is. Commissioner Sanchez: -- and how many openings are available? Chairman Winton: Only -- Ms. Thompson: We have only one Commission at -large. Commissioner Sanchez: Only one Commission at -large. Chairman Winton: Who's exceeded the number of absences, so she -- Commissioner Sanchez: OK, second. Second Commissioner Gonzalez -- Chairman Winton: OK. We have a motion and a second. Discussion. Being none, all in favor, LL " aye. The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-662 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS A REGULAR MEMBER AND AN ALTERNATE MEMBER OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 111 June 12, 2003 Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado Commissioner Sanchez: All right. Do I have to reappoint my -- they're OK? OK. Chairman Winton: Your what? No. Commissioner Sanchez: There's too many boards. I mean -- Chairman Winton: Oh, there's way too many. 40. APPOINT JACK BLUMENFELD AS A MEMBER OF COMMUNITY RELATIONS BOARD. Chairman Winton: CRB (Community Relations Board) is Item 38. Commissioner Gonzalez, you have an appointment. Commissioner Gonzalez: I need -- I'm going to reappoint Jack Blumenfeld, and I also need a waiver of residency. Chairman Winton: OK. Commissioner Gonzalez: I move. Chairman Winton: We got to make -- Commissioner Sanchez, need a second on Commissioner Gonzalez's reappointment of Jack Blumenfeld. OK, we have a motion and a second. Discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. 112 June 12, 2003 The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-663 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE COMMUNITY RELATIONS BOARD FOR A TERM AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado Commissioner Gonzalez: Ms. -- Madam City Clerk, do we have an appointment by the Mayor's Office because I believe they're in need, desperate need of the Mayor's appointment. Priscilla A. Thompson (City Clerk): Yeah. His appointment resigned, and we have not received a new individual from him yet. Chairman Winton: So, would y'all check with him and see if he's got someone for next meeting? District 5, Historic Preservation, we'll hold that for Commissioner Teele. District 2, Historic Preservation. Who hasn't met? So, we'll defer -- deal with 40 later also. Commissioner Sanchez: Mr. Chairman, I -- Chairman Winton: Yes. Commissioner Sanchez: -- hate to break a quorum. Chairman Winton: Oh, what are you doing down there? Are you leaving? Commissioner Sanchez: Yeah. Chairman Winton: Well, I think that -- Commissioner Sanchez: Back at what -- 113 June 12, 2003 Chairman Winton: -- we are -- Commissioner Sanchez: -- 2 or 3? Chairman Winton: -- almost done anyhow, so it's probably a completely appropriate time to break for lunch. Commissioner Gonzalez: You want to break now? OK, until 3? Commissioner Sanchez: It's the best idea you had in a long time. Chairman Winton: If he's leaving, you and I -- we can't do anything anyhow, so -- Commissioner Gonzalez: OK, 3 o'clock? Chairman Winton: 3 o'clock. Commissioner Gonzalez: Reconvene 3 o'clock? Chairman Winton: 3 o'clock. Commissioner Gonzalez: So move. THEREUPON, THE COMMISSION RECESSED AT 11:43 A.M. AND RECONVENED AT 3:15 WITH ALL MEMBERS FOUND TO BE PRESENT, EXCEPT VICE CHAIRMAN TEELE. 41. DECLINE TO PAY CLAIM FOR ATTORNEYS' FEES AND COSTS INCURRED FOR REPRESENTATION OF POLICE OFFICER WILLIE BELL, IN CASE OF STATE OF FLORIDA VS. WILLIE BELL. DECLINE TO PAY CLAIM FOR ATTORNEYS' FEES AND COSTS FOR REPRESENTATION OF POLICE OFFICER MOISES MARTINEZ, IN CASE OF STATE OF FLORIDA VS. MOISESMARTINEZ. Chairman Winton: Bring this meeting back to order, and we're going to start with CA -11 and 12. Commissioner Gonzalez: Yes, Mr. Chairman. Commissioner Sanchez: I believe it was your motion, and the recommendation of -- Commissioner Gonzalez: Yeah, it was my motion to -- Commissioner Sanchez: -- the City Manager to pay reasonable attorneys' fees. 114 June 12, 2003 Commissioner Gonzalez: Correct, to pay a reasonable attorney fees in both cases, in the case of Chairman Winton: Could we hold on a second? Commissioner Gonzalez: -- Officer -- Chairman Winton: Hold on a second. Is our -- do we have a City Manager anywhere? Commissioner Sanchez: We have a very colorful -- Commissioner Gonzalez: Now, we do. Chairman Winton: OK. Commissioner Sanchez: -- Assistant City Manager. Commissioner Gonzalez: In the case of Officer Willie Bell, pay attorneys' fees, reasonable attorneys' fees, in the amount of $30,000, and in the case of Officer Martinez -- Moises Martinez, $25,000. That is the recommendation of the City Attorney. Alejandro Vilarello (City Attorney): Well, because this -- Commissioner Gonzalez: That's my motion. Mr. Vilarello: -- calls into question a policy decision, it went before the City Manager, and for the benefit of the Chairman, who wasn't here this morning, it's carried on your agenda as -- with the Manager's recommendation to deny -- Commissioner Gonzalez: Right. Chairman Winton: Right. Mr. Vilarello: -- payment. However, this morning, the Manager changed his recommendation, and conceded to the -- to agree to the payment of the reasonable attorneys' fees in both Items 11 and 12. Chairman Winton: OK. Commissioner Gonzalez: So that is my motion. Chairman Winton: We have a motion. Commissioner Sanchez: Second. Chairman Winton: Second. Discussion? Being none, all in favor, "aye." 115 June 12, 2003 The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following resolutions were introduced by Commissioner Gonzalez, who moved for their adoption: RESOLUTION NO. 03-664 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PAYMENT OF A CLAIM FOR ATTORNEYS' FEES AND COSTS INCURRED FOR THE REPRESENTATION OF POLICE OFFICER WILLIE BELL, IN THE CASE OF STATE OF FLORIDA VS. WILLIE BELL, CIRCUIT COURT, CASE NO. F00-019910, UNDER THE AUTHORITY OF SECTION 111.065, FLA. STAT., IN AN AMOUNT NOT TO EXCEED $30,000. RESOLUTION NO. 03-665 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PAYMENT OF A CLAIM FOR ATTORNEYS' FEES AND COSTS INCURRED FOR THE REPRESENTATION OF POLICE OFFICER MOISES MARTINEZ, IN THE CASE OF STATE OF FLORIDA VS. MOISES MARTINEZ, CIRCUIT COURT, CASE NO. F99-7732, UNDER THE AUTHORITY OF SECTION 111.065, FLA. STAT., IN AN AMOUNT NOT TO EXCEED $25,000. (Here follows body of resolutions, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolutions were passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Chairman Winton: You know, I have a procedural question. Mr. Vilarello: And that's -- did you pass both CA -11 and 12? 116 June 12, 2003 Commissioner Sanchez: Yes, sir. Mr. Vilarello: On the reasonable amount of the reasonable attorneys' fees -- Commissioner Gonzalez: Reasonable amount. Chairman Winton: On the -- he -- his motion -- Mr. Vilarello: -- as opposed to the (UNINTELLIGIBLE). Chairman Winton: -- was for 25 -- Commissioner Gonzalez: Reasonable amount. Chairman Winton: Yeah. His motion was -- Al Cotera: Mr. Chairman. Chairman Winton: -- for the -- Yes, sir. Mr. Cotera: May I comment, please -- Chairman Winton: Yes, you may. Mr. Cotera: -- real quickly? Yeah. Al Cotera, president, Fraternal Order of Police. You have sent a very good message to the police officers that go out there on a day-to-day basis and do their job, and I thank you, and they thank you also. Chairman Winton: You're welcome. Mr. Cotera: Thank you very much, the entire Commission. Chairman Winton: Thanks, Al. Commissioner Sanchez: Mr. Chairman, before we go on -- I mean, do you have something? Chairman Winton: Yeah. Commissioner Sanchez: I would yield to you. Chairman Winton: Because I wanted to understand something procedurally about this. I don't understand how this could be a consent agenda item if the City Attorney is recommending one thing, and the Manager's Office is recommending something else. That suggests that this -- Mr. Vilarello: Oh, that's not the case. 117 June 12, 2003 Chairman Winton: -- is not without controversy. Mr. Vilarello: That's not the case. In fact, the -- my off -- I simply brought before you the status of the statute that allows the City Commission the discretion to pay or not pay a police officer. Because it's a policy decision as to whether to pay or not, I asked the City Manager what he wanted to do. On his first review of the item, he considered declining payment of it, so it comes to you -- Chairman Winton: But that's what it says in here, as well. Mr. Vilarello: That's right, so it came -- there's no controversy between the Manager and I. It simply came to you as a denial of the request for attorney's fees. Chairman Winton: But -- Mr. Vilarello: Now, the -- Chairman Winton: -- CA (consent agenda) items are items that are supposed to have no discussion. That's the whole idea behind CA. Mr. Vilarello: Well, the Commissioner pulled it for discussion purposes. Chairman Winton: I know, but that's -- somebody's missing my point here. Mr. Vilarello: OK. Chairman Winton: Why would we put it in the CA agenda if we think there's a real good chance that it's going to get moved out of the CA agenda and become a regular agenda item because -- and you know it's going to when you're looking -- reading the two different recommendations. Mr. Vilarello: Commissioner, I guess that's -- there aren't two different recommendations. There's only one; that came to you with the Manager's recommendation. There's no controversy and no -- because it's a policy decision. He came to you with a recommendation, period. If you had passed the consent agenda -- Chairman Winton: If -- Mr. Vilarello: -- it would have gone forward with the Manager's recommendation. There's no difference -- Chairman Winton: Alex -- Mr. Vilarello: -- in the recommendations. 118 June 12, 2003 Chairman Winton: -- it says in here that you said that reasonable attorneys' fees would be "X" amount of money, and the Manager recommended zero. Now -- Mr. Vilarello: The -- Commissioner -- Chairman Winton: -- I know it's a policy decision, just like any other expenditure is in here. Mr. Vilarello: Let me try again to explain. I gave it to the Manager with the facts, the law, and he had three different options: he could pay the fee requested; he could pay an amount that's determined reasonable; and he can decline to pay. He chose one. I didn't recommend any of the three. I just advised him of his three options, so there wasn't -- Chairman Winton: Let me see if I can understand this better. What is the purpose of having a consent agenda? Mr. Vilarello: Consent agenda is an item that comes before you and can be considered by the Commission on one vote for a variety of number of items. At -- Chairman Winton: So -- Mr. Vilarello: -- every meeting, you all (INAUDIBLE) -- Chairman Winton: -- why isn't all of the agenda a consent agenda then? Mr. Vilarello: Well, some require public hearings, the reading of ordinances, et cetera, so those are the ones that are generally left out. Chairman Winton: Some --but it isn't just public hearings and reading of ordinances that get in our regular agenda. Mr. Vilarello: For the most part, yes. If it's a ratification (INAUDIBLE) -- Chairman Winton: But for the most part, there's plenty in here that aren't ordinances, so -- well, we'll take this up later. 42. RESCHEDULE SECOND REGULAR CITY COMMISSION MEETING OF JUNE, ORIGINALLY SCHEDULED FOR JUNE 26, 2003, TO TAKE PLACE ON JUNE 25, 2003. RESCHEDULE FIRST REGULAR CITY COMMISSION MEETING OF JULY, ORIGINALLY SCHEDULED FOR JULY 10, 2003, TO TAKE PLACE ON JULY 17, 2003. Chairman Winton: Yes, sir. Commissioner Sanchez, you had something? Commissioner Sanchez: Yes, sir. Thank you, Mr. Chairman. The following Commission meeting, according to my schedule, I will not be in town, and I just wanted to see if my colleagues would indulge me on changing June meeting, which is the 26th; could it be changed to the 25th? 119 June 12, 2003 Chairman Winton: I thought you had to change July. Commissioner Sanchez: Well, I have to change both. We'll get to July afterwards. It's -- we'll be changing it from a Thursday to a Wednesday, the 25th, if it's OK with -- Chairman Winton: Do that. Commissioner Sanchez: -- my colleagues. Commissioner Regalado, would you be OK? Mr. City Attorney, Mr. Manager? Mr. Gonzalez? Commissioner Gonzalez: Is that the regular Commission meeting, or is that the CDBG (Community Development Block Grant) meeting? Chairman Winton: No, it's the day after the CDBG. Commissioner Sanchez: Yeah. Chairman Winton: CDBG is 24, and -- which is Tuesday, and -- so he's suggesting we move our regular meeting to Wednesday, which is the day after, and then we won't have one on Thursday. Commissioner Gonzalez: Well, no, I don't have a problem with that. I will have to miss part of the meeting because I have a ground breaking ceremony in my district -- Chairman Winton: What time? Commissioner Gonzalez: --on a street project. I don't know. I don't know what time it's going to -- Frank knows what time it's going to be, but in any event, I just leave for an hour and then come back. Chairman Winton: OK. Commissioner Sanchez: OK, if it's OK. I mean, can we all agree on that date, the 25th? Commissioner Regalado: Sure. No problem. Commissioner Sanchez: OK. Commissioner Gonzalez: Then what you're saying is that we're going to have a meeting on Tuesday and a meeting on Thur -- on Wednesday? Chairman Winton: Yeah, instead of a -- meeting on Tuesday is only -- it starts at 1:30. Commissioner Sanchez: Yeah. Commissioner Gonzalez: 1:30. 120 June 12, 2003 Chairman Winton: Yeah, not all day -- Commissioner Gonzalez: All right. Chairman Winton: -- and we will end it as soon as we can. Commissioner Gonzalez: All right. Commissioner Sanchez: OK. We don't need a motion for that, Mr. City Attorney? Commissioner Regalado: Yes, you do. Commissioner Sanchez: So move to change the June 26 meeting to June 25. Commissioner Gonzalez: Second. Chairman Winton: Got a motion and a second. All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-666 A RESOLUTION OF THE MIAMI CITY COMMISSION RESCHEDULING THE SECOND REGULAR CITY COMMISSION MEETING OF JUNE, ORIGINALLY SCHEDULED FOR JUNE 26, 2003, TO TAKE PLACE ON JUNE 25, 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 Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. 121 June 12, 2003 Commissioner Sanchez: Also, Mr. Chairman, the July 10 meeting, if we could move it to the 17th, instead of the 10th. Chairman Winton: I think that -- Commissioner Sanchez: That's July -- it's scheduled right now for July 10; if we could move it to July 17, if it's OK with all parties involved. Chairman Winton: Mr. Manager, do you have any idea how big the agenda for July is going to be? Probably -- is it going to be real big because we're not going to do August this year? Joe Arriola (City Manager): I don't think so, sir. Commissioner Regalado: Don't do just one meeting because, I mean, we got planning. Let's do -- I mean, the 17th and the 24th. Chairman Winton: The 17th I don't think is going to work for me, but maybe there's some -- Commissioner Regalado: Well -- Chairman Winton: Well, let's -- maybe I might have to scoot out for a bit, too, so let's do it on the 17th, and I'll see what I can do to work around it. Commissioner Sanchez: OK. Motion to move the July 10 meeting to July 17. So move. Commissioner Gonzalez: Second. Chairman Winton: Motion. Discussion? Any other discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-667 A RESOLUTION OF THE MIAMI CITY COMMISSION RESCHEDULING THE FIRST REGULAR CITY COMMISSION MEETING OF JULY, ORIGINALLY SCHEDULED FOR JULY 10, 2003, TO TAKE PLACE ON JULY 17, 2003. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 122 June 12, 2003 Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Commissioner Sanchez: And thank you so much for the inconvenience I've caused each and every one of you. All right. Moving right along. We could get out of here by 5:30. Commissioner Regalado: Any changes -- Joe, any changes in September? Chairman Winton: That's coming. Commissioner Sanchez: Let me see the dates. 43. AUTHORIZE TRANSFER OF 28TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS, $15,000, IN CATEGORY OF ECONOMIC DEVELOPMENT FROM DISTRICT 1 ECONOMIC DEVELOPMENT PILOT PROJECTS RESERVE FUND TO CAMACOL LOAN FUND, INC. FOR UNDERWRITING ITS COMMERCIAL LOAN PROGRAM AND FUNDS, $12,000, TO ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC. FOR ECONOMIC DEVELOPMENT ACTIVITIES FOR 28TH PROGRAM YEAR BEGINNING OCTOBER 1, 2002. Chairman Winton: OK. We have CDBG (Community Development Block Grant) at 3 o'clock. Barbara, you're on. Barbara Gomez -Rodriguez: Barbara Rodriguez, director of Community Development. On Item 9, we're looking approval to fund, out of District 1 set aside, $27,000; 15,000 to CAMACOL Loan Fun; and 12,000 to Allapattah Business Development, and it is a public hearing. Chairman Winton: This is a public hearing. Anyone from the public like to speak on Item number 9? Anyone from the public on Item number 9? Apparently, there is not. We'll close the public hearing. Commissioner Gonzalez: I move Item 9, Mr. Chairman. Commissioner Regalado: Second. Chairman Winton: We have a motion and a second on 9. All in favor, "aye." 123 June 12, 2003 The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-668 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF 28TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS, IN THE AMOUNT OF $15,000, IN THE CATEGORY OF ECONOMIC DEVELOPMENT FROM THE DISTRICT 1 ECONOMIC DEVELOPMENT PILOT PROJECTS RESERVE FUND TO CAMACOL LOAN FUND, INC. FOR UNDERWRITING ITS COMMERCIAL LOAN PROGRAM AND FUNDS, IN THE AMOUNT OF $12,000, TO ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC. FOR ECONOMIC DEVELOPMENT ACTIVITIES FOR THE 28TH PROGRAM YEAR BEGINNING OCTOBER 1, 2002; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE OR AMEND EXISTING AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORMS, WITH SAID AGENCIES FOR SAID PURPOSES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. 124 June 12, 2003 44. AUTHORIZE DEOBLIGATION OF 28TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS, $120,000, FROM BLACK ARCHIVES HISTORY AND RESEARCH FOUNDATION OF SOUTH FLORIDA, INC. AND REALLOCATE SAID FUNDS TO CATHOLIC CHARITIES OF ARCHDIOCESE OF MIAMI, INCIPIERRE TOUSSAINT HAITIAN CENTER, FOR ECONOMIC DEVELOPMENT ACTIVITIES FOR 28TH PROGRAM YEAR BEGINNING OCTOBER 1, 2002. Chairman Winton: Item 10. Barbara Gomez -Rodriguez (Director, Community Development): Number 10 is defunding the Black Archives History and Research Foundation. They did send us a letter. They cannot use the money at this time, and we would like to recommend Catholic Charities of Archdiocese for $120,000 to do a facade program in the Little Haiti area. Chairman Winton: Need a motion. Commissioner Gonzalez: Is that a public hearing? Chairman Winton: Yeah. Ms. Gomez -Rodriguez: It is a public hearing. Chairman Winton: Oh, yeah. This is a public hearing. Anyone from the public like to speak on Item 10? Anyone from the public on Item 10? Apparently -- Commissioner Regalado: Move it. Commissioner Gonzalez: Second. Chairman Winton: Close the public hearing. Got a motion and a second. Discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. 125 June 12, 2003 The following resolution was introduced by Commissioner Regalado, who moved for its adoption: RESOLUTION NO. 03-669 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE DEOBLIGATION OF 28TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS, IN THE AMOUNT OF $120,000, FROM BLACK ARCHIVES HISTORY AND RESEARCH FOUNDATION OF SOUTH FLORIDA, INC. AND REALLOCATING SAID FUNDS TO CATHOLIC CHARITIES OF THE ARCHDIOCESE OF MIAMI, INCIPIERRE TOUSSAINT HAITIAN CENTER, FOR ECONOMIC DEVELOPMENT ACTIVITIES FOR THE 28TH PROGRAM YEAR BEGINNING OCTOBER 1, 2002; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE LATTER 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 Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Chairman Winton: 11. Ms. Gomez -Rodriguez: 11 was withdrawn. Chairman Winton: 11, withdrawn. 126 June 12, 2003 45. AUTHORIZE DEOBLIGATION OF 28TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG') FUNDS, $750,000, FOR MUNICIPAL SERVICES AND RELATED ACTIVITIES PREVIOUSLY ALLOCATED TO DOWNTOWN DEVELOPMENT AUTHORITY; FURTHER AUTHORIZE ROLLOVER OF SAID CDBG FUNDS TO 29TH CDBG PROGRAM YEAR FOR DISTRIBUTION THROUGH REQUEST FOR PROPOSALS PROCESS. Chairman Winton: 12. Barbara Gomez -Rodriguez (Director, Community Development): Item 12, we are changing the resolution. We just gave out a new resolution. This is basically the defunding of $750,000 from the Downtown Development Authority, and transferring it to the City of Miami Department of Capital Improvement Project for the downtown area. Commissioner Sanchez: Is it a public hearing? Ms. Gomez -Rodriguez: Yes. Chairman Winton: Yes, public hearing. Anyone from the public like to speak on Item 12? Being none, we'll close the public hearing. Commissioner Gonzalez: Move it. Commissioner Sanchez: So move, as amended. Commissioner Gonzalez: Second. Chairman Winton: Motion and second, as amended. All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-670 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE TRANSFER OF 28TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS PREVIOUSLY ALLOCATED TO THE DOWNTOWN DEVELOPMENT AUTHORITY FOR MUNICIPAL SERVICES AND RELATED ACTIVITIES, IN THE AMOUNT OF $750,000, TO THE BUDGET OF THE DEPARTMENT OF CAPITAL IMPROVEMENT PROJECTS FOR PROJECTS IN THE DOWNTOWN AREA. 127 June 12, 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 Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. 46. AUTHORIZE TRANSFER OF 28TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS, $25,250, IN ECONOMIC DEVELOPMENT CATEGORY FROM DISTRICT 4 ECONOMIC DEVELOPMENT PILOT PROJECTS RESERVE FUND TO SOUTHWEST SOCIAL SERVICES PROGRAM, INC. AND $20,000 TO ORTHOPEDIA AMERICA, INC. D/B/A QUIRANTES ORTHOPEDICS FOR ECONOMIC DEVELOPMENT ACTIVITIES IN 28TH PROGRAM YEAR BEGINNING OCTOBER 1, 2002. Chairman Winton: 13. Barbara Rodriguez (Director, Community Development): Item 13 is District 4 Economic Development Pilot Project. It's defunding, whatever is left on it, and funding Southwest Social Services Program, Inc., and Orthopedia America, Inc. d/b/a Quirantes Orthopedics. Chairman Winton: This is a public hearing. Anyone from the public would like to speak on Item 13? Commissioner Regalado: Move it. Commissioner Gonzalez: Second. Chairman Winton: Being none, closed. Motion, second. Discussion? Being none, all in favor, aye. The Commission (Collectively): Aye. Chairman Winton: Like sign, oppose. The motion carries. 128 June 12, 2003 The following resolution was introduced by Commissioner Regalado, who moved for its adoption: RESOLUTION NO. 03-671 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF 28TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS, IN THE AMOUNT OF $25,250, IN THE ECONOMIC DEVELOPMENT CATEGORY FROM THE DISTRICT 4 ECONOMIC DEVELOPMENT PILOT PROJECTS RESERVE FUND TO SOUTHWEST SOCIAL SERVICES PROGRAM, INC. AND $20,000 TO ORTOPEDIA AMERICA, INC. D/B/A QUIRANTES ORTHOPEDICS FOR ECONOMIC DEVELOPMENT ACTIVITIES IN THE 28TH PROGRAM YEAR BEGINNING OCTOBER 1, 2002; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE OR AMEND EXISTING AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORMS, WITH SAID AGENCIES 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 Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. 129 June 12, 2003 47. DIRECT MANAGER TO PREPARE VISUAL FOR SPECIAL CDBG COMMISSION MEETING ON JUNE 24, 2003, DEPICTING HOW CUTS MADE BY FEDERAL, STATE AND COUNTY AFFECT CDBG MONIES AVAILABLE FOR CITY TO DISTRIBUTE TO CITIZENS IN CITY. ADMINISTRATION TO FAX TO ALL COMMISSIONERS REPORT OF HISTORY OF CDBG FUNDS IN ALL AREAS IN CITY AND REASON WHY COUNTY'S FUNDING INCREASES AND CITY'S FUNDING DECREASES. ADMINISTRATION TO PROVIDE LARGE CHART FOR SPECIAL CDBG COMMISSION MEETING ON JUNE 24, 2003 DEPICTING HOW MUCH MONEY HAS BEEN GIVEN TO SENIOR CENTERS IN LAST SEVEN YEARS. Chairman Winton: Anything else? Barbara Gomez -Rodriguez (Director, Community Development): That's it. Commissioner Regalado: Hey, don't just -- don't go. Commissioner Sanchez: Don't move. Commissioner Regalado: Don't move. Commissioner Gonzalez: Stay put. Commissioner Sanchez: And you thought it was going to be easy today. Commissioner Regalado: The Commissioners' offices have been flooded with calls from different residents of elderly residence buildings and senior centers saying don't close -- in my case, don't close Smathers. I'm sure that, in Angel case, don't close St. Dominic. I'm sure that, in Joe's case, don't close Little Havana. I'm sure, in Johnny's case, don't close De Hostos, or whatever. My information, in talking to several of those residents, is that they were told that the City of Miami is not funding the senior centers, and because of that reason, they're going to have to close down the lunches. It's very sad, but also, it's very unfair. My information is that Mr. Ramon Dorrbecker -- I think he is the director of the Little Havana Activity Center -- was the one that personally told the senior citizens that they need to call the Commissioners because we need to find the money, whatever. The money was available, even from the general fund. I think that's very unfair, and I think -- and I said it this morning, we need to do a campaign to inform those residents that the City of Miami is doing more than its share; that the City of Miami has been hit very hard with cuts, but it is the County, it is the state, and it is the federal government that has cut funds for all these centers, and I'm really surprised of Mr. Dorrbecker's comments because -- Chairman Winton: Who made those comments? Commissioner Regalado: The director -- the executive director of Little Havana Activity Center, I think it's called. Ms. Gomez -Rodriguez: Correct. 130 June 12, 2003 Commissioner Regalado: And I'm really surprised, you know what? Because his sister is the lady who is the most important Hispanic woman in the Bush Administration. As a matter of fact, she is the director of Elderly Affairs. Ms. Gomez -Rodriguez: Secretary. Commissioner Regalado: The secretary. She is a sub -cabinet level, and is -- she is his sister, and Chairman Winton: And that's where the blame is. Commissioner Regalado: Exactly. That's my -- that was my point, and my point is, Mr. Chairman, that we need to think of a campaign to go out to this center and tell the truth, an operation truth, because the City of Miami is being blamed for something that we didn't do, and we're not being recognized as the one keeping the funding at the maximum level in every of those centers, and the only thing we need, Barbara, to do this is we need to know how much has been cut from the City by the federal government; how many restrictions, like the waiver of the 15 and 25 percent; how much money does the County give, and how much money have the state cut? Because, you know, problem is that those senior centers are the in place for politicians from the County, from the State, from the government, even United Nations go there to campaign, and yet, nobody wants to take a responsibility and everybody wants to pin the blame on the City of Miami, so we need to do something about -- and what I think we should do is that we need to invite representative. We need to invite the presidents of the residents' association to the public hearing that we're going to have here, and we need to -- if they want to bring people to put pressure on the City Commission, we need to bring more people to tell them the truth, and we need to place signs with information in the senior centers, telling them the real story, so if we can -- look, we can work with the presidents of the different associations. We can hand them the information, and they can distribute in every apartment of every HUD (Department of Housing and Urban Development) building, and we can also have someone -- it doesn't have to be the City staff. We can do it ourselves from our office, in every senior center, handing out the information in Spanish, of course, of what is the real -- with numbers, and you know, I think that they ought to know the truth, that they have to -- Chairman Winton: So -- Commissioner Regalado: -- go to the County, and they have to go to the State. Chairman Winton: -- can -- Mr. Manager, can y'all work on putting together kind of the visual that would be easy for people to understand, showing over the last -- because this has been a two-year process -- showing how these cuts really have impacted us, and I'll give you a classic example. In District 2 for social services, District 2 budget, Commissioner Regalado, has been cut by 61 percent, by 61 percent in District 2; from 72 1, 000 to 279,000; that's in two years. You think that's not a disaster? And I called -- we had an agency that services kids in the West Grove, and it's teenaged kids, and they were going to cut -- be cut -- they got a 100,000 two 131 June 12, 2003 years ago. They're going to zero this year, which is unacceptable to me, so I had to do some maneuvering, and so we cut somebody else's program that was a new program. Commissioner Sanchez: We've all had to do maneuvering. Chairman Winton: Yeah, and I get yelled at by her that, you know, I don't like her. You know, Johnny's never -- Commissioner Winton's never liked me. You know, and it's just -- you know, some people aren't totally rational about this stuff anyhow, but getting the real facts out are really going to help us, and that's -- and we do need to figure out how we get that out so that it's real clear. Ms. Gomez -Rodriguez: I will be preparing the -- a brochure or a -- some type of information with the cuts from our end in the last ten -- two years. I can tell you that the letters went out to the agencies right now, so you will be getting lots of calls; I'm getting them. I understand Little Havana because Little Havana, what they did was that they had a meeting with the elderly, and they told the elderly -- and giving your phone numbers. They've also said that they will come June 24 to pack City Hall, so that is something that we are getting right now. Unfortunately, there is no money in social program, and this is what I try to explain to them. I said we've done the maximum we can by law. There is no additional dollars. There is dollars in other category that we cannot change, even if you wanted to, so I do feel that next week we're going to get more heated calls because your numbers are out there, but I will do that Commissioner Winton and Regalado. Commissioner Gonzalez: Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Gonzalez: Yeah, Barbara, but the fact of the matter is that this gentleman is blaming this City Commission for the cuts on the social services -- Ms. Gomez -Rodriguez: That's correct. Commissioner Gonzalez: -- and that is very unfair -- Ms. Gomez -Rodriguez: It is. Commissioner Gonzalez: -- of these gentlemen, and I said it early this morning -- you were not here. I receive a call from a radio station last night, from one radio commentator, and he was inferring that it was our responsibility, and that we were the -- he was told that we were the ones that were doing these cuts to these services, OK, and I told him -- and I said it on the record this morning, and I'm going to say it again -- I told him, since you are on the media, and you have all the resources of the media, and you're so concerned about this issue -- and we are all concerned, but the problem is that we have limitations established by U.S. HUD, OK, and we cannot violate those limitations. You should take the time, tomorrow, to call Washington, to call Ms. Josefina Carbonell, who's the whatever -- the director or the Secretary of Elderly Affairs, and she is next to the big checkbook in Washington -- and have her write a check to solve this problem in this 132 June 12, 2003 community. You should call the governor of the State of Florida. You should call the President. You should call the federal Congress man and Congress woman that represent us, OK, because they are the ones -- Ms. Gomez -Rodriguez: Right. Commissioner Gonzalez: -- that have the control of this money. We don't have control of this money, and we cannot -- we have limitations and we cannot take monies -- Ms. Gomez -Rodriguez: That's right. Commissioner Gonzalez: -- from general funds or from other obligations of the City to satisfy this problem, and this year is bad. Last year was bad; this year is worse, and next year is going to be even worse, and it's time that we make it clear to these people -- and I agreed with Commissioner Regalado. I don't know if we should do community meetings. I don't know if we should do a mail out. I don't know if we should invite everybody to the Orange Bowl and have a meeting at the Orange Bowl, so everybody can come from every different center, but we need to make sure that these people understand that we have nothing to do with this, because we're being blamed, and these people are being manipulated and put against us, OK. He's saying the City Commissioners are the one that are cutting your funds, and that is not true, and that is very unfair for this gentleman to do such a thing. Ms. Gomez -Rodriguez: Would you -- Chairman Winton: Well, that's -- Ms. Gomez -Rodriguez: -- like to do a resolution directing something? Chairman Winton: Well, I think that we have. Y'all need to prepare some visuals that we can show the public, particularly for that meeting, and let us look at those visuals, because we may convert that to some sort of mailing that -- and I'm not sure it should go just to the presidents; we need to get it to a lot of the residents directly -- Commissioner Gonzalez: Actually -- Chairman Winton: -- so it can be read. Commissioner Gonzalez: -- we should -- this should be presented to the residents, to the senior citizens, and you know -- Chairman Winton: Yeah, directly. Commissioner Gonzalez: -- that are the ones that are getting the cuts -- Chairman Winton: Yeah. 133 June 12, 2003 Commissioner Gonzalez: -- because once again, the directors of the centers, they come and manipulate the information any -- Chairman Winton: Precisely. Commissioner Gonzalez: -- way they want to, OK -- Chairman Winton: Precisely. Commissioner Gonzalez: -- and the message should be directly to the person that is being affected, where we tell them, listen, I'm not cutting you your meals. I have nothing to do with cutting your meals. It's the state government. It's the federal government. It's Washington. We have nothing to do with that. Chairman Winton: Well, it's compounded by another factor; the County, by the way -- and there's always -- there's been a battle at the County over this issue for some years now, but the Commissioners who have incorporated areas as their districts fight hard to get CDBG funding out of the County, and it comes in to different municipalities, including ours, but those who live in unincorporated Dade don't like that to happen, and so this year the County, at least on two different agencies that I know of, cut funding to zero for two very good entities -- Ms. Gomez -Rodriguez: They're doing -- Chairman Winton: -- which has further compounded our problem by the way, so there's a County issue, there's a state issue, and there's a federal government issue, but it really all started at the top with the feds, and it was two parts. It was reduction overall dollars, and some change in some formula that they've got that, Barbara, you need to go back and study and get everybody up-to-date in terms of how that -- if you remember that meeting we had where they described the 21 -percent cut -- Ms. Gomez -Rodriguez: Right. Chairman Winton: -- and they -- and I've long since forgotten what the justification was for the poorest City in America, by the new census that they just looked at, suddenly gets a significant reduction in their allocation, and it's tied to some formula. Was it a Countywide formula or -- Ms. Gomez -Rodriguez: No, it's a nationwide formula; that it takes in consideration overcrowding, poverty, but it also says how many are exiting the City. That is why the $2 million we lost, the County got, so in reality, the County gets more dollars these years based on the census. Now, I did get calls from County Commissioners because the agencies called them, because the County does not give them dollars, because they are in the City of Miami, so your comment is correct; some agencies are being cut from the County for that reason. Chairman Winton: Well, I need to make sure, real clear, and I want to make sure you're real clear on this, very clear. We had a Social Service allocation that was cut by roughly -- 134 June 12, 2003 Commissioner Sanchez: Twenty-one percent. Chairman Winton: -- two million -- Ms. Gomez -Rodriguez: No. Your allocation was cut $2 million. We were $12 million, and we were reduced to $10 million. Chairman Winton: OK. Ms. Gomez -Rodriguez: That was based on the formula. Chairman Winton: Did the County's allocation go up? Ms. Gomez -Rodriguez: Goes up. Chairman Winton: OK. Ms. Gomez -Rodriguez: Now, what I can give you in writing, on Monday, is give you how did ours go down and theirs went up? Chairman Winton: Well, that's what -- see, we need to know that because, by the way, there is a solution that's in our hands. You know, this fight with the federal government is going to do nothing for this year, at all. We need to have the fight with the federal government, but if this is actually correct, and the County's allo -- ours went down because there was some sort of funky shift in the County, which I don't buy at all, and the County's went up, then there needs to be -- all of these phone numbers need to be going to the County because these agencies are being cut with the money specifically being shifted to the County. This isn't just (UNINTELLIGIBLE); this is a shift from the City of Miami to a Countywide. Ms. Gomez -Rodriguez: Right. Chairman Winton: Would you, please, double check that? Ms. Gomez -Rodriguez: Yes, we will, and we'll give you the date of how much we went down and how much they went up. Chairman Winton: And more importantly, because this is an issue that is about today. As soon as you confirm that, would you call each Commissioner's office and give him the specific data so that they can use that information (UNINTELLIGIBLE) -- Ms. Gomez -Rodriguez: I will fax you that information tomorrow so you can see the actual figures based on what HUD published. Chairman Winton: Thank you. 135 June 12, 2003 Commissioner Regalado: Barbara -- just one last question, Mr. Chairman -- how many years have we been funding the senior centers? Ms. Gomez -Rodriguez: I couldn't tell you, but I can tell you that this is the 29th year that Community Development Block Grants have been around at this City. Commissioner Regalado: OK. Ms. Gomez -Rodriguez: Now, I don't know, you know, what has been the fluctuation of those dollars. Commissioner Regalado: Do we have the records of what happened -- of how much money we have given on those 29 years, specifically to senior centers? Ms. Gomez -Rodriguez: I don't have the last 29 years; I have the last seven years -- Commissioner Regalado: OK. Ms. Gomez -Rodriguez: -- but we do have the last seven years, who got the dollars. Commissioner Regalado: OK. Is it possible, Mr. Manager, to have for that public hearing a large banner, right there, with the amount on this last seven years that the City of Miami has given to the senior centers? It just have to say -- Joe Arriola (City Manager): By year? Commissioner Regalado: -- seven years and the millions of dollars, just that, and we'll explain when they get here. Ms. Gomez -Rodriguez: OK, we'll have it. Commissioner Regalado: Thank you. 48. PROCLAMATION BY MAYOR MANNY DIAZ ON DEATH OF FEDERAL JUDGE WILKE D. FERGUSON, JR. Chairman Winton: OK. Mr. Mayor. He has an issue that he'd like to -- a proclamation he -- Mayor Manuel A. Diaz: Thank you, Mr. Chairman. I -- Commissioner Teele phoned and asked if I could do something for him. It's somewhat of a sad thing, but as you know, we've all signed a resolution today, which I would like to read into the record. Presentation and proclamation made, condolence to family of Wilke Ferguson. Mayor Diaz: Thank you. I had the opportunity to know Judge Ferguson personally and practiced before him, and he truly was everything I just said. We're all saddened by the loss of really one 136 June 12, 2003 of Miami's great leaders and great men, and we'll always remember him, and our prayers are with his family, and Commissioner Ferguson, and his children, and his friends. Chairman Winton: Thank you very much, Mr. Mayor. 49. AUTHORIZE MANAGER TO WAIVE FEES, $4,070.30 FOR PERMIT AND ADMINISTRATIVE FEES, FOR ROOTS AND CULTURE FESTIVAL WHICH IS SCHEDULED TO TAKE PLACE ON JUNE 21sT AND 22ND 2003, ON NORTH MIAMI AVENUE FROM 54TH TO 59TH STREETS IN LITTLE HAITI. Chairman Winton: I believe we have a personal appearance at 3:30, Linda Romero, CRB (Community Relations Board), on illogical polling places. Are they -- you're looking -- did you have something? Lina Blanco (Special Events Coordinator): Personal appearance? Chairman Winton: No, no. Did -- well, you're at the podium for some reason. You have something; what -- don't go away. Ms. Blanco: Oh, I'm sorry. I thought the personal appearance 3A and 313, or 4A and 4B were next now. Chairman Winton: Three -A -- oh, that's right. I forget, so we'll get those first -- Ms. Blanco: OK. Chairman Winton: -- and then we'll go to -- Ms. Blanco: They're here. Chairman Winton: -- the 3:30. Oh, they're here? OK. Ms. Blanco: Yes. Chairman Winton: Thanks. OK. Which one's first? Ms. Blanco: Roots and Culture Festival. Chairman Winton: OK. Commissioner Regalado: Is Commissioner Teele coming or -- Chairman Winton: No, he's not. Ms. Blanco: No. He's -- 137 June 12, 2003 Chairman Winton: He sent a note. He's still very ill, so he's not going to be here today at all. Nene Jeudy: Good afternoon, Commissioners. Chairman Winton: Yes, ma'am. Ms. Jeudy: Yes. I'm here on behalf of Roots & Culture Festival, which being held on June 22, on North Miami Avenue, between 54 and 59 Street. It is an event for the people of Little Haiti. It's being going on for nine years, and they've been asking for it; they're waiting for it because other events that are going on in the community, the paid event, and the Roots & Culture event is a free event, and it's for the people in Little Haiti, and I'm here today to ask for in-kind services and fee waivers. Chairman Winton: Thank you. Ms. Jeudy: You're welcome. Chairman Winton: Yes, ma'am. Ms. Blanco: Lena Blanco, Special Events Coordinator. The Administration recommends the waivable fees of $4,070.30 to go towards the total bill of Roots & Culture. Chairman Winton: And I guess you've been listening to the whole dialogue we've been having for the last two weeks about -- Ms. Jeudy: I have been listening to everything, but unfortunately, Roots & Culture, it is an event that belongs to the people of Little Haiti, and that's where they go and get all the stress and the pressures of their lives going on. It is right there in the middle of the street. It's a free event, and it's going on every year for nine years, and I think everybody got a record of that, so it's not something that just pop up. Commissioner Sanchez: You've been doing the event for nine years? Ms. Jeudy: Yeah, it's been going on for nine years, sir. Chairman Winton: Yeah, that's the reason this process is to awful, because by virtue of simple bad timing, an event that's been around for nine years, our budget's gone, and so there's -- this is so awful what we did this year. Ms. Jeudy: The budget was there for us. It's because we postponed the event. There was four other events going on that same Memorial weekend, so we postpone it for June 22, one month later. Commissioner Sanchez: What does the Administration recommend? Chairman Winton: So, how did that happen then? 138 June 12, 2003 Ms. Blanco: It wasn't brought up to Commission. She sent in the letter late, and this whole festival was supposed to be on Memorial weekend, and Stanley Alexis, which is the president of Roots & Culture, was going to do the festival and he decided not to, and someone else picked up, and they were late in the process. Ms. Jeudy: Because of Bethany's family (UNINTELLIGIBLE). Chairman Winton: Well, it doesn't change one fundamental fact, and the fundamental fact is that there isn't any money in the fund at all; that's the fundamental fact. It's a lousy fact. The system we have is awful, and everybody that fell into this process, beginning at the last Commission meeting, for the rest of this fiscal year, are in the same position because there isn't any money left, and it's just like that CDBG (Community Development Block Grant) funding. Ms. Jeudy: But the money for Roots & Culture was already put on the side. Chairman Winton: no, it was not. Ms. Blanco: No. Chairman Winton: That's the answer she just gave me. Ms. Blanco: We really don't put money on the side. We grant the money, once you request it, and since the festival was not going to be done, I had not even received an application, then we tried working with you. It was too soon to do it on Memorial weekend, so you postponed the date and -- Ms. Jeudy: We postpone the festival. Ms. Blanco: -- unfortunately -- Ms. Jeudy: That doesn't mean we're not -- Ms. Blanco: -- it was bad timing. Ms. Jeudy: -- going to do it. Commissioner Regalado: Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Regalado: So, what we can do is waive all the fees that you would have to pay otherwise, but I think and I know that Commissioner Teele is -- Ms. Jeudy: It's very (UNINTELLIGIBLE) 139 June 12, 2003 Commissioner Regalado: -- this is very dear to him, and I wish he'd be here because he would have ideas as to how to help you. The only thing we can do now is just move with what we can do, which is no cash involved, which is the waiving of the fees. Was it about 6,000? Ms. Blanco: 4,070.30. Chairman Winton: When is the festival? Ms. Jeudy: June 22. Chairman Winton: June? Ms. Jeudy: Yes, sir. Ms. Blanco: Next weekend. Ms. Jeudy: In two weeks. Ms. Blanco: Two weeks from now. Commissioner Regalado: You know, I am sure that Commissioner Teele -- I visited your festival with Commissioner Teele -- Ms. Jeudy: Last year. Commissioner Regalado: -- several times last year and the year before -- Ms. Jeudy: And I know that -- Commissioner Regalado: -- and I know that he's very interested in that festival, and I am sure that he will find ways to help you outside of what we can do this afternoon here, but I mean, might as well -- why don't you take the $4,000 in waiver and -- Ms. Jeudy: What we really did -- we already know; Ms. Blanco explain the whole situation to us. Instead of having the festival in two days, which usually goes on on Saturday and Sunday; we cut Saturday. We say, OK, we're going to have it one day because there's no fund available, and usually we have sponsors. This year we do not have any sponsors, because when Mr. Alexis have death in his family, he cancelled the whole festival, and the people calling all the radio station, all the newspapers (UNINTELLIGIBLE) that's all they have. They don't have $40 to go to Bayfront Park. What's going on? This is Little Haiti. Why are we being treated like that? And we take it at heart. You know, they realize it's not fair to them because it's something they've been having for nine years, and it's free for everybody. Chairman Winton: Well, but -- excuse me, but here here's -- you know, you and I are going to have a little difference here. It's free to everybody. It is not free to everybody. Every -- you're asking every citizen in the City of Miami to pay for it. That's not free to everybody. 140 June 12, 2003 Ms. Jeudy: I mean, it's free to them. Chairman Winton: There's a big difference. Ms. Jeudy: They don't pay to come to the festival. Chairman Winton: I understand, but you need to understand -- Ms. Jeudy: OK. Chairman Winton: -- this money doesn't come from -- Ms. Jeudy: from trees, I -- Chairman Winton: -- the heavens. Ms. Jeudy: Of course. Chairman Winton: It comes from taxpayers. That's where -- Ms. Jeudy: Which we all -- Chairman Winton: -- it comes from. Ms. Jeudy: -- taxpayers in Little Haiti. They all taxpayers. Chairman Winton: They're -- and they're taxpayers -- Ms. Jeudy: They're living in the City. Chairman Winton: -- everywhere, so -- but I'm -- you -- this is very important. This money comes from the taxpayers. Ms. Jeudy: OK. Chairman Winton: I'm telling you flat out, the process we have is awful right now, and it is going to be fixed, because what happened to you is not fair. I grant you that one hundred percent. It isn't fair. It isn't fair to Reverend Starling, who's had his program going for years out here. It isn't fair to the four people two weeks ago that we said we don't have any money. It isn't fair to the three people that were here earlier today that we said the same thing to. It isn't going to be fair to the next 25 that will be here between now and September. It is not fair, so I grant you that, and we are going to fix this damn system so that next year, you're not in this boat. He's not in this boat; the lady back there is not in this boat, and we're not in the hot seat because it's ridiculous. However, it still comes down to this: This stuff for these festivals and awareness programs and all that stuff, the fundamental point is it still comes from taxpayers, and the debate 141 June 12, 2003 we have all the time is what is the role of government in doing these kinds of events? And Commissioner Regalado feels strongly that we ought to fund every one of them. I feel strongly that we shouldn't be funding most of them, because I don't happen to feel that government ought to be using taxpayer money to do these kinds of things; that our job ought to be about public safety, parks, recreation, code enforcement, those kinds of issues, but you're safe because I'm not going to win that battle, so -- Ms. Jeudy: It's not that, Commissioner. I'm not saying we're not winning. What I'm trying to say to you is that you said it's not fair to the people in -- to the taxpayers, but -- Chairman Winton: No, no. I'm saying it's not -- what we're doing to you right now today, what we've done to all these other groups is not fair. Our process is not fair because we spent all the money that we had budgeted in the first part of the year, and so anybody who happen to fall just by the circumstance of my event being in July, or August, or September, just by that circumstance, they don't get any money, that is fundamentally unfair, but we screwed up, and so those events that got plugged into the first half of the year absorbed the half a million taxpayer dollars that we had allocated to these kinds of functions. That isn't a fair system. Next year we're going to do it so that all of the groups apply, and we'll have some sort of rating and ranking system based on what you want, and we're going to tell you up front what you're going to get months in advance, and that money will be set aside so that you don't get caught in this awful position that you're in, but beyond that, unless Commissioner -- Ms. Jeudy: Maybe you can have a way of, because the money is not coming to us; it's going back to the City. The Police is getting it. The fire -rescue is getting the money. West -- Chairman Winton: No -- Ms. Jeudy: -- Solid Waste is getting the money. Chairman Winton: -- it isn't coming back to us. Ms. Jeudy: It's not us. It's not -- Commissioner Gonzalez: Mr. Chairman. Chairman Winton: It is -- Ms. Jeudy: Money they give us. Chairman Winton: -- not coming back to us. Ms. Jeudy: No. Chairman Winton: The cost of paying police officers, and firemen, and everybody else -- Ms. Jeudy: For security. 142 June 12, 2003 Chairman Winton: -- the extra time and all that stuff is real taxpayer money. Yes, sir. Commissioner Gonzalez: I happen to agree with you, the fact that we need to change the system, because I don't know how much money we had in that account, and I don't know if the Manager can help me. How much money did we have in that account? Yes. Joe Arriola (City Manager): I can't give you an exact number, but over $1,500,000. Chairman Winton: I thought it was a -- Commissioner Gonzalez: $500,000? Chairman Winton: -- $500,000. Mr. Arriola: No. Commissioner Sanchez: A million dollars. Mr. Arriola: It -- no, no. Commissioner Gonzalez: A million dollars. Mr. Arriola: Yeah. If -- Commissioner Gonzalez: OK. Mr. Arriola: -- you were to add all the different pots we're coming with, it's way over a million dollar. Commissioner Gonzalez: OK, way over a million dollars. This Commissioner here, out of $10 million, two consecutive years, has only asked $9,000 last year for the League Against Cancer, which is a cost that is used and money that is used to save lives -- and when I say save lives, it includes Hispanics, Afro-American, Haitians, Anglos, the whole nine yards OK? -- and this year $21,000. In my district, I have Afro-American, Haitians, Nicaraguans, Puerto Ricans, Dominican. I got people from every nationality, and if I decide to have a concert or a festival, I could have a festival every single weekend. We have three major festivals a year in Allapattah, and I had never asked a penny to support a festival in Duarte Park; it's done by the Dominican community, and it's paid by private sponsors, and different companies that sponsor these events, so in fact, yeah, we need to change the system, and maybe one of the systems is that the funds be divided in equal amounts, and then each Commissioner have their projects, OK, and what they consider to be real big events that everybody can participate, because in every Commission meeting, we have three, four, five, and six items of different festivals, and different carnivals, and different -- and you know, and the money is going out of the door like crazy, so in fact, yes, I need to -- I think that we need to establish a system for next year; an RFP (Request for Proposals), an RFQ (Request For Qualifications), whatever, you know, but we can't continue 143 June 12, 2003 because -- right now, we're talking about a situation that we're going to have people here that not going to be able to have lunch next year, elderly seniors, senior citizens, and we're spending money right and left on festivals and carnivals. I mean, you know -- Chairman Winton: Well -- Commissioner Gonzalez: -- I don't know. Chairman Winton: -- so, we're going to pass a motion here that waives the cash fees so that that is in place, and then you need to be in touch with Commissioner Teele tomorrow to see if he has something else that he's figured out that can -- whether it's public or private or County or whatever, where he can -- where y'all can get some additional help, but I would call him first thing in the morning -- Ms. Jeudy: I will appreciate that. Chairman Winton: -- but we're going to pass that resolution now to get you the 4,000 -- Ms. Blanco: Excuse me, Commissioner. Just to clarify, to waive the waivable fees, not the cash fees. Commissioner Regalado: Waivable fees. Ms. Blanco: We don't want to -- it's not -- Commissioner Regalado: Waivable fees. Chairman Winton: Right. Ms. Blanco: Waivable fees. Commissioner Regalado: Waivable fees. Commissioner Sanchez: So move the waivable fees. Chairman Winton: Got a motion. Commissioner Regalado: Second. Ms. Jeudy: The waivable fees is $4,000. The bill for -- Chairman Winton: That's correct. Ms. Jeudy: -- the Police, the Solid Waste, and the Fire -Rescue is $20,000, which we don't have and -- 144 June 12, 2003 Chairman Winton: Right. Commissioner Sanchez: Well, we don't have it, either. Commissioner Gonzalez: (UNINTELLIGIBLE) how you're going to have a festival? Ms. Jeudy: Well, I understand that, but like I said, the people sent me here for (UNINTELLIGIBLE) cars, because they told me, when we need them to go out this and vote, we tell them to go vote; the same way we can come here and represent them -- Commissioner Sanchez: Ma'am, I understand, but -- Ms. Jeudy: -- and tell them, you know -- Commissioner Sanchez: -- you've been told that we don't have any money. That's it. We're out. Ms. Jeudy: But the money has been there for nine years, sir. Commissioner Sanchez: Well, it's not -- Ms. Jeudy: It's nine years. Commissioner Sanchez: -- there this year. Ms. Jeudy: It's Little Haiti. I understand that. Chairman Winton: Wait, wait, wait. Ms. Jeudy: Sometimes it went in -- Chairman Winton: We're not going to arg -- Ms. Jeudy: -- for Little Havana. In other district -- Chairman Winton: We're -- Ms. Jeudy: -- it's different, but when it's come for Little Haiti, it's always a problem. Chairman Winton: No, it isn't a problem. Commissioner Sanchez: No, it's not. Chairman Winton: We have put an awful lot of money -- this isn't the only festival -- Ms. Jeudy: That, I know, sir, of course. 145 June 12, 2003 Chairman Winton: -- that goes on in Little Haiti, and so we've -- there were a whole series of things funded in the first half of the year -- Ms. Jeudy: Yes, I know about them. Chairman Winton: -- that are Little Haiti bound, and so -- Commissioner Sanchez: (UNINTELLIGIBLE). Chairman Winton: -- this happens to one that fell in the second half of the year, and it -- there isn't anything else we can say right now. We're going to pass this resolution that gets that piece done, and like I said, tomorrow you've got to call Commissioner Teele and see what other ideas he has. Maybe he's worked with somebody from the County, or from North Miami Beach, or private sector donations, but I will say this also -- and Commissioner Teele and I really disagree on this, but I think that all of these festivals are going to have to get into a position -- and not -- let's put -- how much money -- CDBG, how much money, citywide, do we have for social services this year? Commissioner Gonzalez: Ms. Rodriguez. Chairman Winton: Barbara here? Barbara, because I want you to hear this -- Ms. Jeudy: I will. Chairman Winton: -- because it puts it in a very interesting perspective. How much money did we have for social services this year? Barbara Gomez -Rodriguez (Director, Community Development): A million seven. Chairman Winton: OK, a million seven, citywide, for social services, which includes stuff for kids, adults, senior citizens, the meals programs; all of those things, and our budget was reduced by 21 percent this year from the federal government for social services, and we spent a million seven, and you heard the Manager say that our budget -- Commissioner Gonzalez: They spent $1.9 million in festivals. Chairman Winton: It was what? Commissioner Sanchez: One point nine. Commissioner Gonzalez: $1.9 million. Chairman Winton: I don't (UNINTELLIGIBLE) that number. Mr. Arriola: Mr. Chairman, if you were to add -- 146 June 12, 2003 Chairman Winton: That number's not (UNINTELLIGIBLE) Mr. Arriola: -- from our fund, it's about 550, but if you were to add what MSEA (Miami Sports & Exhibition Authority), and the Bicentennial, and all that together -- Commissioner Sanchez: Bayfront Park. Mr. Arriola: -- and Bayfront -- I mean, Bayfront Park, it's about $1.9 million, sir. Chairman Winton: OK, so -- Mr. Arriola: It's still our money. Chairman Winton: -- we've got Social Service programs -- you should come to our meeting in another couple of days when we have all the Social Service people here -- Ms. Jeudy: I will be there. Chairman Winton: -- where there's meals and real things about people's ability to live, and so those are the kind of dilemmas we're in, and we're going to be pushing more and more for these festivals and people, the organizers, to have at some component part of their budget private sector sponsorships, but that's for another time. We have a motion and a second. Any further discussion? Commissioner Regalado: All in -- Chairman Winton: Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 03-672 A MOTION AUTHORIZING THE CITY MANAGER TO WAIVE FEES, IN AN AMOUNT NOT TO EXCEED $4,070.30 FOR PERMIT AND ADMINISTRATIVE FEES, FOR THE ROOTS AND CULTURE FESTIVAL WHICH IS SCHEDULED TO TAKE PLACE ON JUNE 21sT AND 22ND 2003, ON NORTH MIAMI AVENUE FROM 54TH TO 59TH STREETS IN LITTLE HAITI 147 June 12, 2003 Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: ABSENT Chairman Winton: Thank you. None. Vice Chairman Arthur E. Teele, Jr. 50. UPDATE BY POLICE DEPARTMENT ON RECENT RAPE CASES IN SHENANDOAH AREA. Commissioner Regalado: Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Regalado: We have today a meeting of residents in the Shenandoah area, and I was wondering if you would give me just five minutes to ask the deputy chief to brief us on the manhunt on the Shenandoah predator. I think the deputy chief is -- the reason is that I -- the deputy chief has been ill and he has come -- I don't know if he could stay all day here, but I was wondering if he could come to give us a briefing on the investigations and some issues, so I can go and report to the residents this afternoon. Chairman Winton: Is the chief here? Commissioner Regalado: Yes, she -- Chairman Winton: OK. Commissioner Regalado: Yeah, he's here. Chairman Winton: He's coming. Joe Arriola (City Manager): (UNINTELLIGIBLE). Commissioner Regalado: Huh? Mr. Arriola: (UNINTELLIGIBLE). Commissioner Regalado: Well, he has all the weight of the department, so he's -- good afternoon, Chief. 148 June 12, 2003 Deputy Chief Frank Fernandez: Good afternoon. Commissioner Regalado: Chief, we follow your news briefings and the media, of course, on this situation. However, there is one thing that I really want to know, because as you know, we have a meeting today on the area that was hit very hard by this animal, and those questions will be asked, and the question is, we are told that there were two rape cases late last year, but we never knew about it; why is that? Deputy Chief Fernandez: Commissioner, at this time, we're conducting an internal review. We're asking ourselves those same questions. As soon as we get those results, we're going to publish them out, put them out, but we're conducting a full review, not just those two cases, but the last two years (UNINTELLIGIBLE) this happen. Again, Frank Fernandez, Miami Police, deputy chief. Commissioner Regalado: So, last year there were two rapes in the Shenandoah area in not -too - distant dates. Usually, the press reports this kind of act, whether it happen in Kendall or in Aventura. I mean, today, in the Herald, Local section, there is a story about a rape in Northwest 107th Street. These two rapes were not reported. Where they -- like why? Why the Police Department did not gave the information to the media? That's my question. I don't want to go into an investigation of why the DNA (Deoxyribonucleic Acid) was there and why it wasn't sent. My whole question is about public information. Why it wasn't reported to the media. Deputy Chief Fernandez: Commissioner, obviously, the media is a very strong tool for us. We always use it at every advantage that we have, as we're using it now. We're trying to find out, as efficiently and as effectively as possible, if, in fact, the media was notified, and if they weren't, why weren't they notified on those two previous cases that occurred in September and December of last year, but to answer your question, we always try to use the media as much as possible to increase our eyes and ears, and to get tips on the community. Commissioner Regalado: No, I understand that, but it surprises me that you don't know why those cases -- I mean, there wasn't -- there was no press release. There was nothing reported to the media; that we know for a fact. Of course, we were not notified either, but that's another issue, but do you think that something went wrong there? Deputy Chief Fernandez: That's why we're conducting the internal review, as well as the DNA issue. We're conducting that review to make sure that it doesn't happen again, number one; number two, why did it happen, and where did we drop the ball, if, in fact, we did. We don't know for a fact that anything was done improperly, or if the media was notified or not yet. Commissioner Regalado: Chief, just one or two questions. I don't quite understand the -- what you're saying, you know, I have to accept it. You're looking into it. You don't know why this was not reported to the media, but would you consider a rape a serious crime? Deputy Chief Fernandez: Absolutely. 149 June 12, 2003 Commissioner Regalado: So, serious crimes cannot go unreported, of course. I mean, that would be something that the public ought to know. Deputy Chief Fernandez: I totally agree with you, and that's the same concern that we have, Commissioner. That's why we're following up on it, you know, as quick as we can. We share the same concern that you do. Commissioner Regalado: OK. Don't you think that if we were -- if we had been informed, you, as the deputy chief, the chief, would have said -- I mean, were you informed at that time -- it was in December you were appointed. As a matter of fact, you even -- if you were not appointed on the first rape, you were the commander. Were you informed of that rape? Deputy Chief Fernandez: Commissioner, I'm looking back at all my records. At this time, I don't recall being informed of it. I don't recall the rape specifically, and that's why we're trying to conduct a review, as to why, you know, the notification, if, in fact, it went out, where did they go out, or if they didn't go out, why it didn't go out. We got to make sure that if there was a flaw in the system, we create a policy, we make sure that there's checks and balance so that this doesn't happen again. Our number one priority right now is to catch this individual, this dangerous person that we have out there, and to also ensure that something like this doesn't happen again, if, in fact, there was a problem. Commissioner Regalado: OK. You know, I think that this is the question that everybody is asking, and you have to understand the people in the neighborhood because you do know them personally. You work with them -- Deputy Chief Fernandez: Yes, I do. Commissioner Regalado: -- and these are -- this is an area with a lot of children, and what they're asking me now is not as much when are you going to get the guy, but why you didn't tell us, and that is a question that we don't have an answer for. Chairman Winton: And that's why he's asking you these questions, so that those answers can now get out on the public, so I think it's important that, as you get new information, he can -- because he's the guy that gets the calls, and so the more information you can provide him, the better. Deputy Chief Fernandez: Absolutely, Commissioner. We share, like I said, the same concern. I can tell you that we're conducting a full review, like I said. Yes, I was the commander of that area. I am equally as concerned as you are. As a deputy chief, I'm even more concerned as to why, if, in fact, those notifications didn't go out, why it didn't go out. Chairman Winton: OK. Anything else, Commissioner Regalado? Commissioner Regalado: No. I just -- Chairman Winton: OK. 150 June 12, 2003 Commissioner Regalado: -- make -- I'm going to just make a comment. It's not a question. It's just a comment, and this is my personal opinion. I think that the deputy chief is doing whatever he can. I think that now the Police Department is doing the right thing in sending all the resources out there. I hope that we will know what really happened, because what happened then probably brought this, and my other comment is, I think -- and that is my personal opinion -- that the Chief of Police should have taken a plane and come back from his chiefs meeting, because I think that the situation here is more important than whatever he can learn or say at the chiefs conventions in Idaho, or even in Kirkouk in Iraq, if he had gone to Iraq, but that's his decision. I think that this is his first major crisis, and he is not here to handle this, and -- so I thank you for information. Deputy Chief Fernandez: Commissioner, if I may just add a last comment. I can assure you that Chief Timoney is informed every hour, on the hour. He's been briefed by myself. He's provided leadership direction at all times. We're doing everything possible we can to apprehend this individual. On the note that you brought up with the concerns, believe me, we are equally as concerned as you are, and we will provide you a thorough and full review of what we find out in the next couple of days. Commissioner Regalado: You and I, we talked yesterday, and I thank you for all the information, but I just want to make a point. Unfortunately, crime has gone out -- up in the Coral Way area, and that is a fact. Deputy Chief Fernandez: That is correct. Commissioner Regalado: That is not me -- Deputy Chief Fernandez: That is correct, crime -- Commissioner Regalado: --just saying that. Deputy Chief Fernandez: -- has gone up in Coral Way. Commissioner Regalado: Thank you. Deputy Chief Fernandez: You're welcome. Commissioner Gonzalez: Chief -- Chairman Winton: OK. Commissioner Gonzalez: I'm sorry, Mr. Chair. Chairman Winton: Yes. Commissioner Gonzalez: Are you aware that we had a homicide in Allapattah last night? 151 June 12, 2003 Deputy Chief Fernandez: No, sir, I'm not. I'll be honest with you, I did not receive that notification. Chairman Winton: Oh. Commissioner Gonzalez: How many units did we had -- do you know how many units we had last night between 17th Avenue and 37th Avenue, between the river and Southwest 8th Street? Deputy Chief Fernandez: The minimum staffing for that area is five, so at minimum, you would have five officers, not to include K-9, or motors, or mounted officers that are in that area, as well. Commissioner Gonzalez: Do you know that we only had four officers assigned to that entire area? Deputy Chief Fernandez: Our minimum staffing is five. If there was four, then there's a flaw in the system. Commissioner Gonzalez: Have four and a sergeant, and I was monitoring the radio, and I -- as a matter of fact, there were two or three occasions were we had a series of calls on hold, and they were just responding to priority calls, and I commend the work that the City of Miami Police Department is doing now that you have the deployed around 150 officers in the Shenandoah area, but one thing that really concerns me is that now that we have done such a big deployment in Coral Way, what is happening with West Little Havana, what is happening with Flagami, what is happening with Allapattah, which, in fact, by the way, the crime keeps going up, and what is happening in Coconut Grove? What is happening in downtown? You know, it really concerns me. I know that you are under pressure, that this guy needs to be cut, but another thing that really disappoint me -- and this is not personal with the chief or anybody -- is the fact that we have such a crisis and our Chief of Police is not in the City of Miami. I remember years, years ago -- and I can't remember exactly if it was in 1979 -- our Chief of Police was out of the City. He was in a conference or in a -- going through some chiefs meeting or something like that, and we had a riot, and our chief got on the plane and came back to Miami right away to take control of his troops, so you know, to me, it's really -- to me, it's really disappointing, as a City Commissioner. Chairman Winton: All right. Do we have anything else on this issue? Commissioner Gonzalez: Thank you. Chairman Winton: OK. You're welcome. Thank you, chief. Deputy Chief Fernandez: Thank you, sir. 152 June 12, 2003 51. REPORT CONCERNING ALTERNATE POLLING PLACES WITHIN CITY BOUNDARIES. Chairman Winton: We have CRB (Community Relations Board), Illegal -- Illogical Polling Places. They want to -- ready for the report? It's -- I don't know what item it is. It's one of the - - this is a continuation of that. Yes, ma'am. Linda Romero: Hi. It's an ongoing saga for now. Chairman Winton: Ongoing. Ms. Romero: Good afternoon, Commissioners. I'm Linda Romero, 240 Northwest 32nd Place, in the City of Miami. And while we're waiting for the PowerPoint to boot up here, I wanted to thank the staff that assisted us in preparing this and all the hard work they did. I haven't been able to thank them yet. The City staff from the NET (Neighborhood Enhancement Team) Offices, our coordinator for the CRB and, of course, our board members who have supported this all along and spent a lot of time working on this. Chairman Winton: Well -- and thank you to all of you for the hard work y'all have put in. It's a lot of work to do so, thanks. Ms. Romero: As your staff says, it's my pleasure. OK. At this point here, if I could have the Clerk read the motion, please? Priscilla A. Thompson (City Clerk): This is the motion that was made by the City Commission at the meeting, and it was motion number 03-444. Commissioner Winton made a motion, 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 problems. And that was the motion that was made, seconded, and approved by the City Commission. Ms. Romero: Thank you. OK. We have a real quick series of maps. This is the whole City of Miami, of course. And on that we have the voting precincts and we also have, in yellow, the problematic voting sites, the polling sites; and on the number two map is the alternate polling sites, which appear in blue; and what we've done is identified -- with the help of the Commissioners' offices -- is identified 15 to 20 problem sites, and we've come up with alternate sites there. And then on the third set is, again, the whole City of Miami with the precincts and all the government buildings and institutions in the City of Miami, and of course, we narrowed it down. What was passed out to you in those small package here is a work in progress, and it's a report on the deficient polling sites in the City of Miami, and the proposed alternate sites. We have all the data. It needs to be verified before the report is finalized, and you should receive this report by the end of next week. Chairman Winton: Could you go to the first page, just to help me make sure I understand this? This page tells us what? 153 June 12, 2003 Ms. Romero: OK. This page tells us the precinct number, the building, the address, and what Commissioner's district it services, and what -- the concern is that this has three precincts that it serves, two are outside the City of Miami. So it doesn't -- and part of it is listed the problems, but these are some of the sites there that could be possible alternate polling sites, and we just need to pull out the data to determine whether or not it's a viable site. Chairman Winton: So -- but this list, the Church of God and Christ International Church Holdings, Inc., City of Miami Department of P & D -- whatever that is -- what is the significance of those sites? Are they existing polling places or you're suggesting these become alternate polling places? Ms. Romero: We're suggesting that they may become alternate polling sites. Chairman Winton: Got it. OK. So in your report, you're suggesting that you're not quite finished, and you're going to bring back to us then, within two weeks, your recommendation for alternate polling places to solve the problem? Ms. Romero: Yes, sir. Chairman Winton: OK. If -- do any of the Commissioners have any questions on the work that's been done by this committee so far? Well, if you don't, let's -- Commissioner Regalado: No. I do. Chairman Winton: OK. Commissioner Regalado. Commissioner Regalado: I just want to thank the Community Relations Board for what you did now and for what you did in the last election. The information that you provide in the last elections, the question that you asked the people were the only information that we were able to know about the different problems because the County did not provide any information at all, and, you know, I -- it helped us a lot. I still have one question and it's just that the Smathers Senior Center, your recommendation is to do the voting by the residents at the same building, because in the last election, they were told to go somewhere, the Coral Gate Park, while they have polling places there. We do need to keep the Coral Gate -- Ms. Romero: Right. Commissioner Regalado: -- polling place because it serves a huge area, but you're recommending that the residents of the Smathers will be able to vote on that site, right? Ms. Romero: We're not recommending any polling sites to be changed, unless there's a severe problem. What we're recommending that there's -- Commissioner Regalado: Which is -- 154 June 12, 2003 Ms. Romero: -- logistically additional polling sites so that the residents at Smathers or any other polling place where it's more logical for them to be -- to have to move half -way across a town to an illogical voting place out of their precinct. Commissioner Regalado: Right. Ms. Romero: So we would not recommend any changes unless it was so bad that people wouldn't do it. But, no, we're not recommending Smathers be moved at all -- Commissioner Regalado: No, no. I'm not saying -- Ms. Romero: -- or the residents. Commissioner Regalado: What I'm asking you, if you recommend that the people from Smathers, the residents -- Ms. Romero: Right. Well -- Commissioner Regalado: -- itself, can vote on that same site? Ms. Romero: Yes, sir. Commissioner Regalado: OK. The other recommendation, Mr. Chairman, I think it's important -- and maybe the Parks Department can help. It's the Robert King Heights Community House. It's the last precinct that we have in the City of Miami going west. And the problem there is that there was a -- if it rains, it's very difficult to access because you have to walk through the mud and cross a large parking lot. It's very difficult. So maybe the Parks Department -- and you have taken the leadership on this -- maybe the Parks Department can help us in accessing the Robert King High Community Center. It's very simple. Just some kind of, you know, tiles or whatever. Chairman Winton: Of pavers or something so that people don't have to walk across the mud. Commissioner Regalado: Pave or something so the elderly can access to the center. They don't have to go through the mud or other -- Chairman Winton: Yes. Mr. Manager, would you -- you'll look into that -- Joe Arriola (City Manager): Yes. Chairman Winton: You might need Commissioner Regalado to show you -- if you don't understand exactly what he's talking about, have him show you so that we could -- that's a great suggestion and easy to fix. Commissioner Regalado: And -- 155 June 12, 2003 Chairman Winton: OK. Anything else? Commissioner Regalado: And the last is the San Dominic's. Angel had a problem and I had some residents that vote there. Because there was a fair right there on that same day at the church and they take all the parking lot. Maybe we can talk to the people from Eckerd in the shopping center, and we will direct the people to park on the shopping center, but it has to be signage because there is no parking at the church, at all, because of the fair and the rides and all that. Ms. Romero: OK. Commissioner Regalado: That's -- thank you. Ms. Romero: You're welcome. Thank you. Chairman Winton: OK. Is that it? Any other questions? Hold on. Thank you and appreciate it. Ms. Romero: You're welcome. No problem. Chairman Winton: And we'll see you what, next Commission meeting or the one after? Ms. Romero: The next Commission meeting. Chairman Winton: OK. Thank you very much. Ms. Romero: You're welcome. 52. DIRECT ADMINISTRATION TO MEET WITH MR. STEVEN PEARSON, CHAIRMAN OF COMMITTEE ON BEAUTIFICATION AND ENVIRONMENT, TO TRY TO IDENTIFY FUNDS TO PURCHASE TREES TO BEAUTIFY CITY. Chairman Winton: OK. I think we have one more item, which is the quick report on the Beautification Committee, Steve Pearson. How you doing? Steve Pearson: I'm fine, Commissioner. Chairman Winton: Need your name and address for the record, please. Mr. Pearson: I'm Steven D. Pearson. My address is 12520 Southwest 114th Avenue. Chairman Winton: You know, for a beautification committee, y'all need to work on -- you've only got one beautiful person; that's to the right of you. What happened? Mr. Pearson: That's right. Chairman Winton: That's -- there's a disconnect here. 156 June 12, 2003 Mr. Pearson: Well, you're right about that. Unidentified Speaker: (UNINTELLIGIBLE) right? Mr. Pearson: The other right. Chairman Winton: Not to your right, to my right. OK, to your left. Unidentified Speaker: Thank you, Commissioner Winton. Mr. Pearson: Well, anyway, Commissioners, I'm joined here by Albena Sumner, Joe Wilkins, and Peter Ostrowsky, all of which have been members of the Beautification Committee. Throughout the `90s, I had the pleasure of serving as the chairperson for the committee, and during that period, we literally planted thousands of trees in the City of Miami. The most visible part of our work, I think, is all the flowering trees you see along I-95 today were planted by the volunteers of this committee, and we were making, I think, incredible strides with very little money. The money kept on getting cut each year, and we were very sympathetic when the City had its financial crisis in the mid-90s, but then Mayor Carollo didn't seem to care one bit about us, and so we just kind of faded into oblivion, and for the last, I'd say, six or seven years, we have not received one dime from the City, but each year they reappoint us, but I came down here today to say, listen, you know, we like being the Beautification Committee; we're very proud of the work we accomplished during the '90s. There's no point in having a committee if they're not going to give a little bit of funds to us, so I'm here today to not only ask that you consider reappointing the committee, but that you give us at least $5,000 so we can continue the tree planting, continue the environmental education. We not only planted trees, we gave hundreds of trees away to the residents of the City of Miami. We provided educational -- Chairman Winton: Where do you get the trees from? Mr. Pearson: With the money that the -- Chairman Winton: The $5,000. Mr. Pearson: -- City gave -- yes, but most of them -- Peter Ostrowsky is the owner of Plant Scapes. Peter, in the goodness of his heart, has donated hundreds of trees to the committee, but we also need -- we planted trees, Commissioners, that nobody ever used in the public landscape. Some of those trees you see on I-95, or on SR -112, on State Road 836, or in the parks of the City of Miami had never been utilized in the City or any government's landscaping. We had experts on our committee, like Larry Shockman (phonetic), who's the director of the (UNINTELLIGIBLE), people that know more about trees than I do, but we were utilizing trees, and a big difference is we maintained those trees. We come back out; we plant the trees and put mulch down, put fertilizer. Fertilizer, I can't get donated; that cost money. Printing cost, mailing cost, all that kind of thing -- Commissioner Sanchez: Well, when they're done, I'd like to say a word. 157 June 12, 2003 Chairman Winton: OK. Commissioner Sanchez: When they're done -- Chairman Winton: Sure. Commissioner Sanchez: -- I'd like to -- Mr. Pearson: Sure. Albena Sumner: I just wanted to say that -- Chairman Winton: Albena, need your name and address on the record, too, please. Ms. Sumner: I'm sorry. Albena Sumner, 1360 Northwest 37th Street, and I just wanted to say something because I want to put my Commissioner on the spot. One of the projects that we had was -- I live in northern Allapattah. We had a lot of problems with illegal dumping, and we had one specific area on Northwest 38th Street, between 15th and 17th Avenue, which was like a land fill, and with the help of the Public Works and Solid Waste department, we had that area cleaned, and we had compost put down, and we had these 70 -year-old women to come out and volunteer, but we decided to engage also the athletes at Miami Jackson High School, so that they could maintain the 10 trees that we planted to earn their community service hours over the four- year period, and the Commissioner, as you know, there's a devel -- there was a development there and they had to remove eight of the trees, so I asked him last year, when the development was finished, if he would get together with the homeowners association and go back to Miami Jackson and offer the athletes the same deal, where they would take care of the trees that we planted along that area, and also along I-95. As a matter of fact, I was one of two African- Americans on that board. I was given an award by them for the work that I had done in northern Allapattah, and then I joined the board, and we've been trying to get funds to beautify Northwest 39th Street along State Road 112, which is the expressway everybody uses to come, you know, from the airport. Mr. Pearson and I planted eight years, I think, about six years ago. It's been six or seven years ago that we've been fertilizing, mainly to keep people from dumping over there, but we just need help, you know. Chairman Winton: Yeah. Ms. Sumner: All of this is volunteering, and we also planted 39 -- 32 trees along the median on 12th Avenue, from 62nd Street to 71 st Street and northwest, and we were trying to do more plantings in the inner city, because most of the plantings prior to that had been along the public highways, and we use volunteers, and we use kids in the community to get this done. Chairman Winton: Sounds to me -- it sounds -- it sounds to me clearly that you all take very little resources and do an awful lot with it, so I think you're right. If we're not going to fund the committee, we might as well get rid of them, so we've got to do something. 158 June 12, 2003 Joe Wilkins: Well, I just want to re-emphasize -- Chairman Winton: Joe, your name and address. Mr. Wilkins: Joe Wilkins, 228 Southwest 23rd Road. I just want to re-emphasize the point. I know better than to come down here and ask for something without giving something back, and what we are giving back is our time, our effort, our sweat -- Chairman Winton: And free. Mr. Wilkins: -- our muscles -- Commissioner Sanchez: Blisters. Mr. Wilkins: -- our backaches -- Joe, I know -- Commissioner Sanchez: Blisters. Mr. Wilkins: -- I know I'm preaching to the choir when I'm talking to Joe because Joe's participated in some of our plantings, but we put in our work, our time, our muscles, what we have of it, and -- Chairman Winton: We have it. Mr. Wilkins: -- what we need is some money so that we have something to work with. Thank you. Thank you. Chairman Winton: Commissioner Sanchez. Commissioner Sanchez: Mr. Chairman, I realize they have done an excellent job. I've planted trees with them. They're very involved. Let me just -- I realize that funding is tight, and when you look at these -- all these situations, you try to pinpoint where you can have money -- my peas popped -- but you know, the grants department, you know, that could be one way we could seek some type of grants to try to obtain some type of assistance to help you with the plants. I know that the City used to have a plant project at Virginia Key. I don't know if they still plant -- they - - well, they had like a nursery out there. They don't do that any more? Ms. Sumner: That's composting and mulching. Commissioner Sanchez: Or Melrose Nursery or something. I mean, I'm trying to -- Mr. Pearson: There used to be a nursery up in Fern Isle, but we cleaned that out a long time ago. Commissioner Sanchez: Well, I'll tell you what I'm doing to do, because I'll tell you -- Chairman Winton: Well -- 159 June 12, 2003 Commissioner Sanchez: -- this -- you don't come here asking for money, which money is going to be used for administration or anything. I mean, you're looking for money to -- right, and I know that the labor that you put in, whether it -- you know, everybody that goes out there and participates, you know, if they get anything, maybe -- the day that I was there, I got a doughnut and a soda -- and a pop; that's all I got -- Ms. Sumner: Right. Commissioner Sanchez: -- but we did have a good time planting those trees underneath the Metrorail, and we had a hard time getting water, that was for sure. We even had to call the County Commissioner for that, but you know, I like to -- you know, when things like this positive come in front of the Commission, I would like to make a motion to have you and the administration have some time to sit down with you and see how we could work together to find a solution to -- whether it may be through the private sector or some type of assistance, so maybe you could get a few thousand dollars to kick-start the project and continue to have you do a good labor that you do for our community. Mr. Pearson: I -- Chairman Winton: You don't have a Manager hearing you right now. We're talking to ourselves. Commissioner Sanchez: Well, he does that every now and then, you know. Chairman Winton: OK. Mr. Pearson: Commissioner -- Commissioner Sanchez: He left. Chairman Winton: Hold on one second. Commissioner Sanchez: Any time you bring the word out "funds," he runs. Chairman Winton: Yeah. OK. Yeah, I stole him over here, so are you going to make a motion? Commissioner Sanchez: yeah. My motion is to have them sit down with the City Manager or his staff and see what they could work out, reference some time of assistance so they could continue to do what they do for this community, so moved. Chairman Winton: Absolutely. For a motion, second. Mr. Pearson: Could I make a comment? Chairman Winton: I'm sorry. 160 June 12, 2003 Mr. Pearson: I'm all for that, if that's what it takes, but I'm a fully employed lawyer. I get my Saturdays mornings. I don't even live in the City. Literally, buckets of sweat are out there on I- 95 that I've given, and you know, I just can't believe the City doesn't have 2,000 or three thousand -- Chairman Winton: Sir -- Commissioner Sanchez: Sir, sir -- Chairman Winton: -- you didn't hear what Joe said. Commissioner Sanchez: -- you didn't -- Mr. Pearson: OK. Commissioner Sanchez: -- I want -- you could do it over the phone, if you're that busy -- Chairman Winton: Precisely. Commissioner Sanchez: -- but I want you to talk to the City Manager -- Chairman Winton: Yeah. Commissioner Sanchez: -- and see what you guys could work out. I mean, $2,000, I really don't see a problem for $2,000 to plant trees, especially when you could work out a deal that you get $10, 000 for $2,000 worth of trees -- Mr. Pearson: OK. Commissioner Sanchez: -- so that's what my motion is, to have you -- Mr. Pearson: I just heard the word "grant" and I think -- Commissioner Sanchez: No, no, no, no, no. Mr. Pearson: -- you know, hundred s of pages of paperwork -- Commissioner Sanchez: No, sir -- Mr. Pearson: -- and (UNINTELLIGIBLE). Commissioner Sanchez: -- but that's another issue that I'm going to bring out at the next Commission meeting to discuss, because you know, there's millions of dollars out there that we could seek, and all type of assistance for the City, and you know, we have a perfect example today. You know, we have a shortage in social services. We have a shortage in providing 161 June 12, 2003 assistance to great programs, such as yours, and I think that that is one tool that we have that I think we underutilize, and maybe we need to -- Mr. Pearson: Great. Commissioner Sanchez: -- address that issue to maybe put very good grant writers into the department and go out there and seek money, because there's millions of dollars out there in grant monies for all kinds of things that we don't reach out, and if you don't fill a grant or you don't fill out the application, you don't stand a chance of getting, so the motion is just a very simple motion. If you're very busy with your business, I understand, or any one of your board can meet with the City Manager over the phone. He's a very reasonable person. Ms. Sumner: We'll meet with him. Commissioner Sanchez: OK. Chairman Winton: OK. We got a motion and a -- don't we have a second? Commissioner Gonzalez: Second. Priscilla A. Thompson (City Clerk): No. Chairman Winton: Second. Any further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 03-673 A MOTION DIRECTING THE ADMINISTRATION TO MEET WITH MR. STEVEN PEARSON, CHAIRMAN OF THE COMMITTEE ON BEAUTIFICATION AND ENVIRONMENT, TO TRY TO IDENTIFY FUNDS TO PURCHASE TREES TO BEAUTIFY THE CITY. 162 June 12, 2003 Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Chairman Winton: And we got -- I think we really have to look at this very seriously for this coming year's budget because as far as I'm concerned, this is just like parks. You know, this really beautifies neighborhoods and they do it for nothing, so if we tie some of our efforts into -- and giving them a little assistance, it sounds like they get a tremendous amount of in kind support out there; people donating trees and shrubbery, and obviously all their labor -- Ms. Sumner: And labor. Chairman Winton: -- so you get our little bit of cash and their commitment to go get a lot of freebees, that's a real win for us, so I think that, in this coming year's budget, let's make sure this gets plugged in appropriately. Mr. Pearson: Thank you. Ms. Sumner: Thank you. Commissioner Sanchez: Thank you. Chairman Winton: Thank you. Commissioner Sanchez: Thank you, and your dedication and commitment is deeply appreciated Chairman Winton: Yes, thank you. We -- Commissioner Sanchez: -- by all those who sit underneath the tree when it's a hundred degrees outside. Mr. Pearson: Are you going to formally reappoint the committee today, and if so, could I add three -- or suggest three additional names that didn't make it to the slate I proposed earlier? Chairman Winton: Here, write them down on this and hand it to me. If we get to that, we'll do it. OK. 163 June 12, 2003 Commissioner Regalado: Will you -- Mr. Chairman, will you consider another name? It's like -- hello. Unidentified Speaker: I'm sorry, Commissioner Regalado. Commissioner Regalado: Yeah. Unidentified Speaker: I'm sorry. Commissioner Regalado: No. I'm just was talking to the gentleman to see if you would consider another name, Miguel Milanes. He's the Miami -- City of Miami beautification committee, or something like that. He's a very active neighbor in the Shenandoah area, and he's very interested in this -- Mr. Pearson: I don't know this gentleman, but anybody that's interested in the environment -- Commissioner Regalado: He is. Mr. Pearson: -- of trees -- Commissioner Regalado: He is. Mr. Pearson: -- we welcome. Commissioner Regalado: He is. He is, very much. Chairman Winton: OK. Thank you all again. Ms. Sumner: Thank you. Chairman Winton: Appreciate it. 53. UPDATE BY POLICE DEPARTMENT ON RECENT HOMICIDE IN ALLAPATTAH AREA. Chairman Winton: All right. Deputy Chief Frank Fernandez: Commissioner, if I could have an opportunity just to respond to Mr. -- Commissioner Gonzalez on the issue of the staffing and the crime that occurred yesterday. I just want to update him, if I may? Chairman Winton: On the murder? Deputy Chief Fernandez: Yes, sir. Chairman Winton: Y'all can't -- you want to hear that on the record? 164 June 12, 2003 Deputy Chief Fernandez: Just (UNINTELLIGIBLE) Commissioner, again, deputy chief, Miami Police. Just to -- on the homicide, we didn't have any homicides yesterday in the City. What happened at that address that you provided me is a drunk disturbance, and on the issue of the staffing, we actually had all of the officers report to duty yesterday; it was an overlap day. On day shift, we had seven officers and a sergeant, which is over the average than what we have. The minimum staffing is five. B -shift, which is the afternoon shift, we had eight officers and one sergeant, and on after -- on midnights, we had six officers and a sergeant. We were over the minimum staffing on all three shifts. I just wanted to clarify it so you understand that we're out there doing the best we can. Chairman Winton: Thank you. Commissioner Gonzalez: Thank you. Deputy Chief Fernandez: Thank you, sir. 54. ORAL PRESENTATION BY CHUCK McEWAN, CHAIRPERSON OF CODE ENFORCEMENT BOARD. Chairman Winton: OK. Commissioner Sanchez: Pocket items. Chairman Winton: No, blue sheet, and Commissioner -- Commissioner Regalado: Can we -- Mr. Chairman, can we hear the Code Enforcement Board? There are -- several members are here -- Chairman Winton: Oh. Commissioner Regalado: -- and -- Chairman Winton: And by the way, I'm going to introduce a new resolution, and do -- do our -- are we required to hear these reports verbally at these Commission meetings, by ordinance? OK, so how did it end up this way? Commissioner Sanchez: (UNINTELLIGIBLE). Chairman Winton: OK. We can talk about it afterwards and you can answer my question. Thanks, Alex. OK. I didn't know Code Enforcement was here. It's not on my list. Chuck McEwan: I was told to be here. Chairman Winton: Yeah, good. It's probably on a different list that I didn't look at. 165 June 12, 2003 Mr. McEwan: Mr. Chairman, Commissioners, my name is Chuck McEwan, and I'm the chairman of the Code Enforcement Board. With me are a couple of members that present, Milagros Loyal and Allyson Warren, who I'm sure you already know. She spends more time here than at home. Chairman Winton: Yeah, there's only one person in the audience that spends more time here than her. Mr. McEwan: And Mariano, who now comes to all of our meetings. Commissioner Sanchez: (UNINTELLIGIBLE). Mr. McEwan: Anyway, I'll make this report as quick as I can. I'm really very proud of the report. This is a report for year 2002. Code Enforcement inspectors scheduled 1,116 cases to be heard by the board. The board met 26 times, and that's considering that we had no meetings in August, and that we were bouncing from one City location to another, and we had to cancel some of our meetings. Just so you have an idea, this year alone, to date, we've met 17 times already, and we have probably just as many, if not more, to go. The Code Enforcement Board heard 751 cases in 2002, which are a 108 more than 2001. As a result of the above, the hearing boards office created 751 code enforcement orders, and the Code Enforcement Board has mitigated, in favor of the City of Miami, $340,000 and -- 340 and $350 on behalf of the City. I think this board is very cohesive. We've worked very, very well together for quite a while now, and it's changed quite a bit in the past few years, and that's about it. Commissioner Regalado: Can I -- are this board's meetings being broadcast on Miami TV (television)? Mr. McEwan: We just started at the last meeting -- Chairman Winton: Well, did -- are we -- Mr. McEwan: --I believe. Chairman Winton: Yeah, we're going to -- isn't that on my blue sheet, this whole -- OK. Well, we're going to talk about that -- Commissioner Sanchez: You're being broadcast on Net -9. Chairman Winton: -- in this meeting. Mr. McEwan: This last two meetings, sir. Chairman Winton: Yeah, they weren't. Mr. McEwan: June 11, which was the last one yesterday, and the one before that. 166 June 12, 2003 Chairman Winton: But we're -- could we -- we'll bring that up on another -- either on your blue sheets or my sheet. Commissioner Regalado: Oh. Chairman Winton: I want to get a report on which of these boards are being broadcast because I'm getting a lot of complaints. I don't know who makes the decision or how it got made, but it needs some new focus. Mr. McEwan: Yeah. Chairman Winton: Huh? Commissioner Sanchez: (UNINTELLIGIBLE). Chairman Winton: That they took all the boards off and we got fluff up there, and you know -- and -- or repeats -- repeat, you know, the same event over and over and over again, and the people want to see what's going on on these boards. I mean, they're impacted by Planning and Zoning, and Code Enforcement, and nuisance and abatement -- I mean, Nuisance Abatement, but I mean, those are big boards that the public wants to hear what this heck's going on. Mr. McEwan: I think it should be; that's my personal opinion, but -- and that's -- the message that we're trying to send out there -- Chairman Winton: Yeah -- Mr. McEwan: -- I think is the correct message, especially about -- Chairman Winton: -- and y'all do a heck of a job -- Mr. McEwan: -- illegal units. Chairman Winton: -- so thank you. Mr. McEwan: We try, sir, and we want to thank you all for finally -- you were able to get us the translators, both for Spanish and Creole, and we sincerely appreciate it. It makes our job a lot easier. I -- Chairman Winton: Well, we'll see -- Mr. McEwan: -- don't know about the notices, if they're still going out -- Commissioner Regalado: I don't know. Mr. McEwan: -- (UNINTELLIGIBLE) committee. 167 June 12, 2003 Commissioner Regalado: I was going to ask about the notice because it been back and forth. Alejandro Vilarello (City Attorney): Commissioner, the notice is actually ready to go. I had it with me at our briefing this week and I forget to bring it to your attention, but I believe it's ready to go. The notice of violation should be -- should go out immediately. Mr. McEwan: It should just make the meetings go a lot smoother once people get here and they can't claim -- Chairman Winton: Right. OK. Mr. McEwan: -- no knowledge. Thank you. Chairman Winton: And thank you, and we'll see if we can't get a bunch of more cases and see if we can abuse you further -- Mr. McEwan: No, thank you, sir. Chairman Winton: -- (UNINTELLIGIBLE) this coming year, huh? Mr. McEwan: We already volunteered for -- Unidentified Speaker: We got enough. Mr. McEwan: -- a third meeting; we don't need a fourth one. Chairman Winton: Well, thank you. Mr. McEwan: Thank you. Chairman Winton: Bye-bye. Do we have any other board reports? Any other people, if you're here to report on a board? Mr. McEwan: Oh, I'm sorry. Mr. Chairman. Chairman Winton: Yes, sir. Mr. McEwan: Mr. Perdomo, who was just appointed this morning by Commissioner Gonzalez, I believe, is present and -- Chairman Winton: Great. Thank you for coming. Mr. McEwan: -- that shows a good sign that he's here already. Commissioner Gonzalez: He was -- 168 June 12, 2003 Chairman Winton: OK. Commissioner Gonzalez: Let me correct you. Mr. McEwan: Whatever. Commissioner Gonzalez: He was appointed by the entire Commission because it was a citywide Mr. McEwan: Better yet. Commissioner Gonzalez: -- appointment, so -- Mr. McEwan: OK. Thank you. Chairman Winton: Thank you. 55. APPROVE ALLOCATION OF FUNDS, $5,000, TO SUPPORT COSTS RELATED TO 2003 GOOMBAY FESTIVAL; ALLOCATE FUNDS FROM DISTRICT 4 OFFICE BUDGET. Chairman Winton: OK. Now, blue pages. Commissioner Regalado, you're going first. Commissioner Regalado: Me? Chairman Winton: We will not skip you this time. Commissioner Regalado: Oh, thank you. Really appreciate it. Mr. Chairman, I have several items, and I will try to be very brief. We have here a person that have taken time off her job to be here, and it's important, if I can, to deal with this item. It's item "E." Chairman Winton: And, Commissioner Regalado, if you don't -- may I interrupt you for one moment, and if you don't mind, because -- and I know you won't -- I'm going to press on this like I do the rest of our agenda items, so that we -- we're going to -- I'm going to get you out of here early tonight. Commissioner Regalado: Good. Thank you. Chairman Winton: Thank you. Commissioner Regalado: No. It will be brief. As you know, I serve, because of you, because you didn't want to do it, as the Chairman -- Chairman Winton: Thank you very much. Commissioner Regalado: -- of the marketing -- 169 June 12, 2003 Chairman Winton: You're right. Commissioner Regalado: -- committee of Coconut Grove, and I am very into what is going on in Coconut Grove, and we had a meeting last Wednesday, and at that meeting, we had another presentation from the Goombay, which was a success. The Goombay festival, as you know, Mr. Chairman, this year came to the east Grove. In the last 20 years, it's been on the West Grove; now, it came to the East Grove. The City Commission did help the Goombay festival. The marketing committee did help the Goombay festival, but they did have a lot of expenses, only -- as Lieutenant Landa said, only in Police, they had a bill of $45,000, then there was Fire, and other issues, so the president came to the committee asking for more help last Wednesday, and we were not able to come up with the money, but they were short, and they needed to pay the Police. Last year, I might say, this lady spent, of her money, a lot of her savings to save the festival, so what I'm asking here is your support to direct the City Manager to transfer $5,000 from my office budget account to the Goombay festival, to do that, Mr. Manager, as soon as because they need to pay -- I don't have to go into the details. It would be very lengthy, but they need to pay some of the City services, and this will be to go and pay City services, so my motion is to allocate $5,000 of Commission District 4 budget to the Goombay festival. Commissioner Sanchez: Second. Chairman Winton: We have a motion and a second, and if you don't mind, Commissioner Regalado, I would add for public assumption here -- and this is really directed to all the people that we've said no to for the last -- Commissioner Sanchez: It's coming out of his budget. Chairman Winton: Well -- no, there's two parts to it. One is the Goombay festival was one of those that happen to fall in the first half of the year, so it was funded -- Commissioner Sanchez: Right. Chairman Winton: -- and if the Goombay festival would have been coming next month instead of last month, it wouldn't have been funded, so this is a past tense thing where the City services cost more than they anticipated, and Commissioner Regalado has been generous enough to cover this out of his budget, but that's the real difference here. Commissioner Regalado: No, and not only that, Mr. Chairman. There's another thing that we should do, and we should reassess the way that the City services are provided, because -- Chairman Winton: I don't disagree with that. Commissioner Regalado: -- the problem is that they had a meeting with the police and they were told, OK, you have to pay this, so they had their mind set, but then what happened, more people or more police, and the bill went up 170 June 12, 2003 Chairman Winton: Well, you know, that's an interesting point. How does that -- if I get an estimate from my contractor to do -- with a scope of services to do "X" amount of work and that scope doesn't change, how do I get a bigger bill? Because the contractor just decided he wanted to add a little more to the scope of services and charge me more? Joe Arriola (City Manager): That's because you don't work for the City, sir. Chairman Winton: Yeah, that's my -- Mr. Arriola: The City is always get a little extra. Chairman Winton: Well, yeah. Can we look at this -- Mr. Arriola: I will. Chairman Winton: -- before that goes out the window, please? Mr. Arriola: Yes, sir. Chairman Winton: Thank you very much. Yes, ma'am. Commissioner Regalado: Do -- Chairman Winton: Name and record for the -- Marsha Jackman: Sure. Chairman Winton: Name and address for the record, not name and record. Ms. Jackman: That's OK. Good afternoon. I'm Marsha Jackman, address 18480 Southwest 77th Court. I am the president -- current president of the Miami Bahamas Goombay Festival. Commissioner Regalado: Martha, could you tell us how many people? Ms. Jackman: I was going to say, first of all, in answer to your question -- and I think I will get to that, but I would be remiss if I didn't start off by thanking the City of Miami, the City Commission for allowing us the opportunity to, first of all, have had probably the very best Goombay that we've ever had in the history of our 27 years. I think your concern is a very valid one. How do you get there? Because if I were a contractor or if I had contracted, yes, I would be screaming. I don't think any of us anticipated the numbers that we actually experienced this particular year, and the police worked very closely with us, as well as Fire, and Parks, and Sanitation to make sure that our streets were kept clean throughout the entire festival; that there were -- if any -- I think, maybe two very small incidents that occurred, so clearly, it was a matter of thinking in terms of maybe 150 to 200,000 people being there, and I think we ended up having probably more like 400 to 450,000 people that came into our City this past weekend, and I don't think any of us could have anticipated that. 171 June 12, 2003 Chairman Winton: Where's the chief? He's been getting kind of pounded on all day. Did he hear this great compliment? Joe Arriola (City Manager): (UNINTELLIGIBLE) go get him. Commissioner Sanchez: Go get him. Unidentified Speaker: Chief wants to hear something positive. Chairman Winton: Yeah. I'm sorry. Ms. Jackman: So, it's a clear -- yeah. Chairman Winton: Marsha. Ms. Jackman: No, so clearly -- Commissioner Regalado: No, no, don't bring him because I have a complaint from the merchants. Don't do that. Ms. Jackman: But, clearly, I think, you know, hat's off to the City for really working with us, and it was difficult with the merchants because they felt that we would be intruding, but I'm hoping that, at the end of the day, we were embracing and coming together as a festival. Chairman Winton: Thank you. Marsha, I'd like to say again, thank you to you again. You and I met last year and -- Ms. Jackman: Yes. Chairman Winton: -- with my broken leg, I didn't -- Ms. Jackman: I know. I was unable to -- Chairman Winton: -- get much -- Ms. Jackman: Right. Chairman Winton: -- involved this year, but I really was thrilled at the way you have come in and changed the whole direction of the Goombay festival, and it's a much longer event, and it really does focus on bringing the entire community together -- Ms. Jackman: Yes. Chairman Winton: -- and it's education. 172 June 12, 2003 Ms. Jackman: Yes. Chairman Winton: Itis no longer just a big party -- Ms. Jackman: Party. Chairman Winton: -- and that is a whole different thing. Thank you. Ms. Jackman: Thank you. Commissioner Regalado: Thank you, Marsha. Thank you. Can you get us some money from the County for us? Ms. Jackman: I'm trying. Chairman Winton: Way to go. Commissioner Regalado: OK. Chairman Winton: OK. Commissioner Regalado: One complaint. This is your district, although I think it may be my problem, I don't know, because they -- they are threatening to bring merchants to the next marketing committee meeting. The marketing committee approved a permit with the assurances that some streets that were supposed to be closed would be open at 8 p.m., in order for the people to go to Cocowalk, and Green Street, and other entertainment spots. They came back and said that McDonalds kept -- it was kept closed all weekend, and they couldn't have access to the restroom. The lieutenant is here, and I think -- you were there, lieutenant, and I -- you know, this is really a problem, not only because of the complaints from the merchants, but what is happening now, Johnny, is that the committee members are telling me, well, you know, what -- we said something, and it didn't happen, so I don't know what to tell them, so maybe lieutenant Landa can explain why McDonalds was kept closed all weekend. Lieutenant Rene Landa: Lieutenant Rene Landa. The only problem we had, Commissioner, was late in the evening, when sanitation came in at about 8:15, 8:30, about the NBA stand, and on Commodore Plaza, right between Fuller and Commodore, they had an accident with the water that started going everywhere, an it hit some of the speakers on the stages, and the person that was in charge of the stage was a little upset. We kind of had to hold everything down until they came down and corrected that problem. It did delay us in opening up Commodore Plaza for that evening, and plus the cleaning process itself with the new NBA stuff that they had took a little bit longer than we expected. Chairman Winton: Can we -- because the last thing we want is a clash between Center Grove -- Commissioner Regalado: That's the problem. You see -- 173 June 12, 2003 Chairman Winton: -- and that's exactly -- it'll be a backlash, right? We don't -- we can't -- we don't want -- it's not -- we can't tolerate -- we can't have a backlash, Center Grove against Goombay. It needs to be one community, and so could I ask you all -- hopefully, we learn from each single step we take here. This was the first time we've been there. Would y'all really do an analysis of what you think the issues are that we could radically improve upon, including meeting with some of the merchants to talk about what we did right, what we did wrong, and think about some new ideas for next year so we don't get that backlash, and these two groups work very closely together? Lieutenant Landa: We do, Commissioner, and we make an after action report for each event, and in there is listed recommendations, and when we meet with the promoter and everybody all over again for next year, these are issues that we take in -- Chairman Winton: Commissioner Regalado, is there -- are there merchant people that they should potentially meet with? Commissioner Regalado: Yes, sir. You have the president of the merchants association, David William. I think he -- you know him. It -- I think you appointed him just recently. Chairman Winton: Recently, yeah, but I -- Commissioner Regalado: -- to the committee. Did he -- OK. Chairman Winton: Jason, so -- could you help -- Commissioner Regalado: Anyway -- and -- but I think you should do, lieutenant -- Lieutenant Landa: Yes, sir. Commissioner Regalado: -- is send an e-mail or a fax to every member of the committee, because they -- that way, we avoid a lengthy debate on the next meeting, because I know that Sylvano, which is one of the members of the committee, and was the person that was affected, Green Street, it's -- he wants to bring some merchants to the meeting to kind of complain about that situation. Chairman Winton: Well, could we, potentially, get Sylvano to host a meeting of the affected merchants and ask Barbara and City of Miami Police to come to that meeting and talk about next year, and where we can talk about what we'll do and -- Commissioner Regalado: You know, Johnny, I -- Chairman Winton: -- get this whole thing really -- Commissioner Regalado: -- think they should do it in the next marketing committee meeting -- Chairman Winton: OK. 174 June 12, 2003 Commissioner Regalado: -- because they are all -- Chairman Winton: They're all there. Commissioner Regalado: I mean, you got David also, and of course, you have the chairman of the committee, which is the Mayor's appointee, the chairman of the Goombay festival -- Chairman Winton: OK. Commissioner Regalado: --Henry Givens. Chairman Winton: Could we do that? Commissioner Regalado: -- so, it might as well be done at the next marketing committee meeting. Chairman Winton: Great, perfect, perfect. Lieutenant Landa: I'll be there and bring the information. I'd like to thank Ms. Bellamy. It was definitely the best Goombay we've had. Chairman Winton: Ms. who? Ms. who? Commissioner Regalado: I -- Chairman Winton: Ms. Jackman, is that you, whatever that name? OK, thanks. Commissioner Regalado: Mr. Chairman. Chairman Winton: Yes, sir. You're still on. Commissioner Regalado: The other item -- Priscilla A. Thompson (City Clerk): I'm sorry, Commissioner. Are we moving from item District 4E, because I didn't get a roll call yet? Commissioner Regalado: Oh, OK. We need to vote on the $5,000 -- Chairman Winton: Oh, OK. Commissioner Regalado: -- from my office budget. Chairman Winton: We have a -- do we -- we have a second? Yeah, we -- oh, so all in favor, aye. 175 June 12, 2003 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. 03-674 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $5,000, TO SUPPORT COSTS RELATED TO THE 2003 GOOMBAY FESTIVAL; ALLOCATING FUNDS FROM THE DISTRICT 4 OFFICE BUDGET, SUBJECT TO BUDGETARY APPROVAL. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Commissioner Joe Sanchez 56. DISCUSSION CONCERNING PART-TIME CITY EMPLOYEES. Commissioner Regalado: The second is the part-time City of Miami employees. I've been bringing this item since May, and I think it's about time we do something. I don't know if the Manager is going to have some kind of response to this, but I do know that there are hundreds of City employees who are part-timers, and some of them are, in fact, retiring, like the case of Julia Favelo, a lady that had been a part-timer for 27 years in the Parks Department, and she will be retiring because of health reasons, and so I was wondering, Mr. Manager, is there anything we can do to either raise the salary of the part-timers, raise -- bring them up to full-time so they could have some benefits? Because you know, every time that I had somebody in the past administration, the numbers that they gave were all wrong. Once they said $800,000; another time they said two million; another time they say $400,000, and I just -- I was confused. I don't know the numbers. If we were to raise the salary of the part-timers in the City, how much money are we talking about? Larry Spring: Larry Spring, Chief of Strategic Planning, Budgeting and Performance, City of Miami. Commissioner, as part of the living wage working group that you established with myself, Rosalie Mark, and Mr. Bruce Nissen, from FIU (Florida International University), we will be considering the effects of part-time employees and their salaries, and benefits, and doing 176 June 12, 2003 something for them as they get on in their tenure, i.e., maybe benefits -- you know, part-time benefits, or some level of benefits to help address the issue that you have. Chairman Winton: Anything -- Commissioner Regalado: OK, so Larry, we're going to wait? Mr. Spring: Actually, we'll be -- actually, I'll be having a meeting with your staff and yourself this coming Tuesday, and we plan to come back to the Commission with a full recommendation at the next Commission meeting. Chairman Winton: Thank you. Commissioner Regalado: Is it going to cost less than the $23 million that we gave the unions? Mr. Spring: Is that a trick question? Commissioner Regalado: Yes. Chairman Winton: OK. Commissioner Regalado: OK. 57. ENDORSE "SAFE," A PROACTIVE COMMUNITY-BASED PROGRAM DESIGNED TO PROVIDE COUNSELING AND ASSISTANCE BEFORE AND AFTER DISASTERS; MANAGER TO OFFER DIFFERENT INFORMATION FACILITIES OF CITY (i.e., MIAMI TELEVISION) FOR STARTING "SAFE" INFORMATION CAMPAIGN. Chairman Winton: Commissioner Regalado, you're still on. Commissioner Regalado: Yes. Thank you very much. The other day the Manager met a psychology [sic], who brought to the City a program called SAFE. This is a program that was -- has been established in other cities throughout the United States, and this program has to do with what happened after September 11, and it's information campaign, but sort of calming the fears of the people in the City. They came to the City, not to ask for money, not to ask for technical support, not to ask for any support, staff support, anything. This is a proactive community-based psychological program for living with the eventuality of natural and human disasters, and if -- it was drafted by Dr. David Perez Genard (phonetic), one of our most prestigious psychologists and professor, and what he's looking for -- because they do have a not -for profit organization that they are going to apply for funds at the national level, the federal level -- is the endorsement of the City of Miami. They have gone to several municipalities; they will go to the County, and we -- the only thing we need to do is to endorse this concept and offer the different information facilities that the City has, example, Miami TV, in order to start this information campaign, so my motion is to endorse the SAFE community-based program, designed to provide counseling and assistance after and before disasters in our area. That will be my motion, Mr. Chairman. 177 June 12, 2003 Commissioner Gonzalez: Second. Chairman Winton: We have a motion and a second. Is there a fiscal impact to this? Commissioner Regalado: Not at all. Chairman Winton: OK. Commissioner Regalado: Not one penny. Chairman Winton: No money. Any other discussion, then? Being none, All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 03-675 A MOTION ENDORSING "SAFE," A PROACTIVE COMMUNITY-BASED PROGRAM DESIGNED TO PROVIDE COUNSELING AND ASSISTANCE BEFORE AND AFTER DISASTERS; FURTHER DIRECTING THE CITY MANAGER TO OFFER DIFFERENT INFORMATION FACILITIES OF THE CITY OF MIAMI (i.e., MIAMI TELEVISION) FOR STARTING "SAFE" INFORMATION CAMPAIGN. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Commissioner Joe Sanchez 178 June 12, 2003 58. DIRECT MANAGER TO STUDY PROPOSAL TO CREATE WITHIN FIRE -RESCUE DEPARTMENT SPECIAL HOMELAND DEFENSE SECURITY DIVISION TO DEAL WITH NATURAL OR TERRORISM EMERGENCIES. Commissioner Regalado: The other item, Mr. Chairman, is -- we all heard and learned of the report by the Federal Bureau of Investigation to United Nations assessing the terror level in the United States, and according to the FBI (Federal Bureau of Investigation), in the next two years, we are going to have an attack by Al Qaeda or other groups in the United States, so, for the next two years, we have to keep our fingers crossed and our level of alert either yellow or orange. It's up to Washington to do it. Recently, the County's new Homeland Security Office did a study of the potential targets in Miami -Dade County for terrorists groups. They came up with 100 potential targets. Of those 100 potential targets, 60 are within the City of Miami municipal limit. Potential targets are considered tall buildings, downtown, Brickell, arenas, stadiums, Orange Bowl, Miami Arena, American Airlines Arena, Knight Center, hotels, bridges, port, airports, heliport, marinas, so, I -- we all know this, so, what I'm concerned is that we do not have an office to handle this kind of an emergency. We do have one person, Chief Fernandez, from the Fire Department, that understands very well this Homeland Defense situation. My idea is not to create a separate department, but maybe within the Fire Department, because when there is a disaster, it is the Fire Department who responds first, and then the police; to have a separate office within the Fire Department that will be handling only information documents, planning and pass this on to the City Manager, the Mayor, members of the Commission, the Chief of Police and so and so. We cannot depend on the County for planning the security in the City of Miami; although, the person that is running that department in the County is probably the best person to do it, Mr. Jose Pinon, who used to be an Assistant City Manager in the City of Miami, so, my proposal, Mr. Chairman, is to ask the Manager to study the possibility of creating within the Fire Department a Special Homeland Defense Security Division to deal with this kind of eventuality. Commissioner Gonzalez: Second. Is that a motion? Chairman Winton: Yes, he made a motion. Commissioner Gonzalez: Second. Chairman Winton: OK. We have a motion and a second. Yes, sir. Mr. Manager. Joe Arriola (City Manager): Maybe these two young men could do a little explanation. We do have more than one person here handling this thing. Maybe -- Larry Spring: Larry Spring, Chief of Strategic Planning, Budgeting Performance. For the past couple of months, my -- I've been working with Chief Fernandez in the Fire Department, working on a -- the Emergency Management Plan. We've established a position for business continuity, as well as the emergency services. We would be dedicating human resources and dollars -- I guess this is the point where you're going -- so that we'll have a plan, people in place to address all the emergency needs. 179 June 12, 2003 Commissioner Regalado: Yeah, but -- Larry, this is not the committee that was proposed, where the City Manager sits and all that because this is -- this committee will be called in when it happens. What I think we should have is this office. I mean, not to have this guy sending elevator inspectors, you know, to do their job. It's to have this person, which I'm sure the Chief - - the Fire Chief will decide who it is. But I think, you know, Chief Fernandez understands very well this situation. To have this person work on a full-time basis on the security planning, on the eventuality. What if this happens? You know, what do we do? I mean, you guys don't have ladders as big to reach the Brickell condos, right? You don't. Mr. Spring: Nobody does, sir. Commissioner Regalado: Nobody does. Mr. Spring: Right. Commissioner Regalado: So, that's my point, so, what if we need to know where to get helicopters, where to have access to this kind of -- I'm just telling you that -- remember what happened at the Pro Player Stadium, when they did the drill? If they have done with the Sarin gas, what they say that they did, we had had 5,000 casualties, because it took 25 minutes for the firemen to get on their gear. You know, that's what we heard, so, I'm just saying we need to be prepared. Chairman Winton: OK, and your request is simply to have -- Commissioner Regalado: The Manager look into a separate entity within the Fire Department. Chairman Winton: And what I will be very interested in is, I'm not convinced that -- and I'm not sure Commissioner Regalado's saying this -- but I'm not convinced that this needs to be a whole - - a series of new people that adds to our overhead. Commissioner Regalado: No, no, no, no. Chairman Winton: I'm going to be interested in hearing how we utilize existing resources. In your point, you have a team that's appropriately trained that can jump in and handle this thing, if and when it ever occurs. Maurice Kemp: Maurice Kemp, Deputy Fire Chief. I'd like to tell you briefly what the Manager has supported and what we're doing now, as it pertains to emergency management. We're in the process of formulating a Comprehensive Emergency Management Plan. We've hired a consultant, and there's been a board of directors established, which the Manager's a part of, the Police Chief is a part of, the Fire Chief and other key administrative people are a part of this Emergency Management Board of Directors, and this plan will address, as Mr. Spring said, continuation of government, continuation of operations, as well as the emergency issues involved with dealing with emergencies, natural or manmade emergencies, so, I agree with the Commissioner that we could use additional resources, and I can't speak for the Manager, but I'm 180 June 12, 2003 sure he's willing to step back and take a look at it, but I'd just like for you guys to know that we are moving, and we have been for a while, to make sure the City's prepared. Chairman Winton: And I -- good. Thank you. Any other discussion on this item? 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 its adoption: MOTION NO. 02-676 A MOTION DIRECTING THE CITY MANAGER TO STUDY PROPOSAL TO CREATE WITHIN THE FIRE -RESCUE DEPARTMENT A SPECIAL HOMELAND DEFENSE SECURITY DIVISION TO DEAL WITH NATURAL OR TERRORISM EMERGENCIES. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Tomas Regalado Commissioner Angel Gonzalez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele. Jr. Commissioner Joe Sanchez 59. AUTHORIZE AND DIRECT MANAGER TO WAIVE FEES FOR USE OF CARLOS ARBOLEYA AND ROBERT KING HIGH PARKS AND CITY SHOWMOBILE DURING "DIA DEL LAJERO AUSENTE" EVENT SCHEDULED TO BE HELD ON JUNE 29, 2003. Commissioner Regalado: And the last thing is the use of Carlos Arboleya Park, Robert King High Park on June 29, 2003, no money in cash, just the waiver of the use of the park, and the City of Miami Showmobile. These people, Dia Del Lajero Ausente, will be paying for employees of the Parks Department. We are only -- I'm only requesting that we waive the park fee and the fee of the Miami Showmobile for June 29, 2003. Chairman Winton: Which means that this group is getting to treatment any other -- any different than any other group that's been before us -- Commissioner Regalado: absolutely, no. 181 June 12, 2003 Chairman Winton: -- in the last two weeks. Commissioner Regalado: The same -- Chairman Winton: Right. Commissioner Regalado: -- thing we did for the other -- Chairman Winton: OK. Need a second. Commissioner Gonzalez: Second. Chairman Winton: Got a motion and a second. Discussion? Being none, All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 03-677 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO WAIVE FEES FOR THE USE OF CARLOS ARBOLEYA AND ROBERT KING HIGH PARKS AND CITY OF MIAMI SHOWMOBILE DURING THE "DIA DEL LAJERO AUSENTE" EVENT SCHEDULED TO BE HELD ON JUNE 29, 2003. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado NAYS: None. ABSENT: Commissioner Joe Sanchez Vice Chairman Arthur E. Teele, Jr. 182 June 12, 2003 60. DISCUSSION CONCERNING STUDY THAT REVIEWS MANAGEMENT AND OPERATION OF CITY'S LAW DEPARTMENT AND TO MAKE RECOMMENDATIONS ON IMPROVING PERFORMANCE AND EFFICIENCY OF LAW DEPARTMENT. Commissioner Regalado: OK. Can I do my next Commission meeting blue page, so I -- no, I'm just kidding. Commissioner Gonzalez: You want to stay here -- Commissioner Regalado: -- just kidding. Commissioner Gonzalez: --until 1 a.m. Commissioner Regalado: Go ahead. Chairman Winton: Maybe. Maybe. Commissioner Regalado: I'm done. Chairman Winton: Is it quick? Commissioner Regalado: No. I'm done. Chairman Winton: OK. Commissioner Gonzalez, you got a blue page something? Commissioner Gonzalez: Yes, Mr. Chairman. I would like to defer the item on my blue pages. I have been in discussion with the City Attorney to review the operations of the Law Department, as we are doing with all other departments in the City, and I have also been in conversations and with the City Manager, and the City Attorney is supportive of working on this initiative, and bring recommendations on its implementation to the next Commission meeting. I believe there is -- has been an agreement between the City Attorney and the City Manager to work together in this study, and come back with some recommendations in case we need to do anything. Maybe everything is perfect and we don't have to do anything, but -- so that is my item on my blue pages. Chairman Winton: Commissioner, I have to -- I didn't hear anything you said; somebody was talking in my ear, so do I need to do something? What did you ask? Huh? Commissioner Gonzalez: No. Chairman Winton: No. Alejandro Vilarello (City Attorney): (UNINTELLIGIBLE) deferring it. Commissioner Gonzalez: Huh? 183 June 12, 2003 Mr. Vilarello: (UNINTELLIGIBLE) deferring. Commissioner Gonzalez: I'm deferring the item. Chairman Winton: OK. Sorry. Commissioner Gonzalez: With an explanation of the -- 61. AUTHORIZE MANAGER TO REQUEST THAT CITY ATTORNEY INITIATE ANY AND ALL ACTION, IN LAW OR IN EQUITY, RELATED TO EVICTIONS FROM CITY PROPERTY FOR NON-COMPLIANCE WITH TERMS OF ANY AGREEMENT ENTERED INTO WITH CITY. Chairman Winton: Got it. Thank you. Sixty-one, and I think I have two quick blue sheet items. Commissioner Regalado: Oops, I forget. I have -- Chairman Winton: You have four more? Commissioner Regalado: No. I have one, two, three, four, five, six, seven Coconut Grove Marketing Committee resolutions. Chairman Winton: OK. Commissioner Regalado: Whatever you want to do. Chairman Winton: You could do them all at once. OK, so anyhow, my -- let's do this first one. This goes -- Commissioner Gonzalez: (INAUDIBLE) Chairman Winton: Yeah, he's leaving right now, so I need a motion on -- Commissioner Regalado: No, no, we got time. It's -- Chairman Winton: Yeah. Commissioner Regalado: We got 45 minutes more, so -- Chairman Winton: Read my blue page item, and need a motion. Commissioner Regalado: Let's do your page and Commissioner -- Chairman Winton: Right. Commissioner Regalado: -- Sanchez and 184 June 12, 2003 Unidentified Speaker: (INAUDIBLE). Chairman Winton: Need a motion and a -- Commissioner Gonzalez: (UNINTELLIGIBLE) City Manager a question (UNINTELLIGIBLE) City Attorney (UNINTELLIGIBLE) that the City Attorney initiates any and all actions in law or in equity related to evictions from the City property for noncompliance with the terms of any agreement entered into with the City of Miami. Chairman Winton: And if you all remember -- Commissioner Gonzalez: So move. Chairman Winton: Thank you. Commissioner Regalado, need a second. Commissioner Regalado: 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. The motion carries. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-678 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO REQUEST THAT THE CITY ATTORNEY INITIATE ANY AND ALL ACTION, IN LAW OR IN EQUITY, RELATED TO EVICTIONS FROM CITY PROPERTY FOR NON-COMPLIANCE WITH THE TERMS OF ANY AGREEMENT ENTERED INTO WITH THE CITY OF MIAMI. 185 June 12, 2003 Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Commissioner Joe Sanchez 62. AUTHORIZE MANAGER TO TAKE ANY ACTIONS NECESSARY OR REQUIRED TO REQUEST THAT FLORIDA DEPARTMENT OF TRANSPORTATION AMEND STREET TREE SPACING STANDARDS FROM ONE HUNDRED THIRTY FEET TO MAXIMUM OF THIRTY FEET ALONG SIDEWALKS ON BOTH SIDES OF BISCAYNE BOULEVARD, AND WITHIN MEDIANS, BETWEEN NORTHEAST 37TH STREET AND NORTHEAST 87TH STREET. Commissioner Gonzalez: Item B. Chairman Winton: No, B we've done. Do C. Commissioner Gonzalez: B's done, OK. Chairman Winton: That's on C, spacing. Commissioner Gonzalez: C, a resolution J-03-518, authorizing the City Manager to take any action necessary or required to request Florida Department of Transportation amend the street tree spacing standards from 130 feet to a maximum of 30 feet along the sidewalks on both side of Biscayne Boulevard and within medians between Northeast 37th Street and Northeast 87th Street, Miami, Florida, City limits. So move. Chairman Winton: Need a second. Commissioner Regalado: Second. Chairman Winton: Got a motion and a second. All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. 186 June 12, 2003 The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-679 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO TAKE ANY ACTIONS NECESSARY OR REQUIRED TO REQUEST THAT FLORIDA DEPARTMENT OF TRANSPORTATION AMEND THE STREET TREE SPACING STANDARDS FROM ONE HUNDRED THIRTY (130) FEET TO A MAXIMUM OF THIRTY (30) FEET ALONG THE SIDEWALKS ON BOTH SIDES OF BISCAYNE BOULEVARD, AND WITHIN MEDIANS, BETWEEN NORTHEAST 37TH STREET AND NORTHEAST 87TH STREET, MIAMI, FLORIDA (CITY LIMITS). Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Commissioner Joe Sanchez 63. AUTHORIZE INCREASE IN CONSTRUCTION CONTRACT BETWEEN CITY AND UNITECH BUILDERS CORP., $100,000 FOR CONSTRUCTION OF NEW RECREATION BUILDING AT JOSE MARTI PARK, CONTRACT SUM WILL INCREASE FROM $1,518,720 TO $1,618,720, TO COVER UNANTICIPATED CHANGE ORDERS FOR ADDITIONAL WORK; FURTHER REDUCES AMOUNT OF PROJECT EXPENSES FROM $457,673.20 TO $357,673.20 AND MAINTAINS TOTAL ESTIMATE PROJECT AMOUNT OF $1,976,393.20; ALSO ADDS CAPITAL PROJECT AS ANOTHER FUNDING SOURCE FOR THIS PROJECT. Chairman Winton: And Mr. Manager, you've got a pocket item on a project you want to bid -- I mean, that's already bid and ready to go to -- ready to begin construction, is that it? Joe Arriola (City Manager): Yes, sir. You want me to read it? Chairman Winton: Yes. Real quickly, please. Mr. Arriola: Recommend that the City Commission adopt the attached resolution authorizing an increase in the construction contract between the City and Unitech Builders Corporation, in the amount of $100,000 to the construction of the recreation building at Jose Marti Park. The 187 June 12, 2003 contract sum will increase from $1,518,720 to $1,618,720 to cover unanticipated change orders for additional work. This resolution further reduces the amount of project expenses from $457,673.20 to $357,673.20, and maintains a total estimate project amount at $1,976,393.20. It also asks capital project number 331419 as another funding source for this project. Chairman Winton: Need a motion. Commissioner Gonzalez: So moved, Mr. Chairman. Chairman Winton: Commissioner Regalado, I need a second. Commissioner Regalado: Second. Chairman Winton: Got a motion and a second. Discussion? Being none, All in favor, say aye. 11 The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-680 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN INCREASE IN THE CONTRACT WITH UNITECH BUILDERS, CORP., FOR THE CONSTRUCTION OF A NEW RECREATION BUILDING AT JOSE MARTI PARK, IN THE AMOUNT NOT TO EXCEED $100,000, FROM $1,518,720 TO $1,618,720, TO COVER THE COSTS OF UNANTICIPATED ADDITIONAL CONTRACT COSTS; ALLOCATING SAID FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 331419 FOR SAID INCREASE; FURTHER AMENDING RESOLUTION NO. 02-902 TO REFLECT A DECREASE IN FUNDS ALLOCATED FOR PROJECT EXPENSES, IN AN AMOUNT NOT TO EXCEED $100,000, FROM $457,673.20 TO $357,673.20, THEREBY MAINTAINING TOTAL ESTIMATED PROJECT COSTS OF $1,976,393.20; AUTHORIZING THE ALLOCATION OF FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 331419 IN ADDITION TO CAPITAL IMPROVEMENTS PROJECT NO. 331385 FOR THIS PROJECT; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 188 June 12, 2003 Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Commissioner Joe Sanchez 64. ACCEPT BID OF MARIN & MARIN CONSTRUCTION, INC., LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO FORMAL INVITATION FOR BIDS, FOR PROJECT ENTITLED "LEGION PARK SHORELINE STABILIZATION", B-3298; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENTS PROJECT, TOTAL COST OF $180,000.00. Chairman Winton: Commissioner Gonzalez. Commissioner Gonzalez: I believe the Manager has another -- Joe Arriola (City Manager): Uh-huh. Commissioner Gonzalez: -- pocket item. Mr. Arriola: Oh, great. Commissioner Gonzalez: Mr. Manager. Mr. Arriola: This is all I have -- a resolution awarding contract for Legion Park Shoreline Stabilization, Project B-3298. You want me to read the whole thing? Chairman Winton: No. Need a motion. Commissioner Gonzalez: Move. Commissioner Regalado: Second. Chairman Winton: Motion, second. Discussion? Being none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. 189 June 12, 2003 The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-681 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF MARIN & MARIN CONSTRUCTION, INC., FOR THE PROJECT ENTITLED "LEGION PARK SHORELINE STABILIZATION, B-3298", IN THE AMOUNT OF $128.900.00; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 331312, IN AN AMOUNT NOT TO EXCEED $128,900 FOR CONTRACT COSTS, AND $51,100 TO COVER ESTIMATED EXPENSES TO BE INCURRED BY THE CITY, FOR A TOTAL COST OF $180,000. Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Commissioner Joe Sanchez 65. RATIFY EMERGENCY FINDING, WAIVE COMPETITIVE BIDDING PROCEDURES AND ACCEPTING BID OF PROFESSIONAL WELDING, INC. FOR ORANGE BOWL STADIUM NEW SECURITY RAILING PROJECT B-6424, $181,150. Chairman Winton: Commissioner Gonzalez, you have anything else? Commissioner Gonzalez: Yes, sir. I have -- Chairman Winton: OK. Commissioner Gonzalez: -- three resolutions here from the Orange Bowl Committee, of which I'm -- Chairman Winton: Oh, I almost forgot. Commissioner Gonzalez: -- honored to be the Chairman. A resolution 95 -- ratifying an emergency finding for the Orange Bowl Stadium new security railing, B-6424. Want me to read the -- 190 June 12, 2003 Chairman Winton: No, just make the motion. Commissioner Gonzalez: So moved. Commissioner Regalado: Second. Chairman Winton: Motion, second. Discussion? Being none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-682 A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, WITH ATTACHMENT(S), RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, ACCEPTING THE BID OF AND EXECUTING AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH PROFESSIONAL WELDING, INC. FOR THE PROJECT ENTITLED "ORANGE BOWL STADIUM NEW SECURITY RAILING PROJECT B-6424", IN AN AMOUNT NOT TO EXCEED $181,150 FOR CONTRACT COSTS; AND ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 324002 FOR SAID PURPOSE. Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Commissioner Joe Sanchez 191 June 12, 2003 66. RATIFICATION UPON EMERGENCY MEMO AUTHORIZING INCREASE IN CONSTRUCTION CONTRACT WITH PROFESSIONAL GENERAL CONTRACTORS INC. FOR ORANGE BOWL STADIUM NEW SAFETY PANELS, PROJECT B-6425, $73,700. Commissioner Gonzalez: Ratification of an emergency memo authorizing an increase in construction contract with the Professional General Contractor, Inc. for the Orange Bowl Stadium new safety panels, Project B-6425, so move. Commissioner Regalado: Second. Chairman Winton: Got a motion and a second. Discussion? Being none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-683 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY AND AUTHORIZING AN INCREASE IN THE CONTRACT WITH PROFESSIONAL GENERAL CONTRACTORS INC. IN AN AMOUNT NOT TO EXCEED $73,700, FROM $268,460 TO $342,160, FOR THE PROJECT ENTITLED "ORANGE BOWL NEW SAFETY PANELS, B-6425"; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 324002, FOR SAID INCREASE. Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Commissioner Joe Sanchez 192 June 12, 2003 68. ORAL PRESENTATION BY GERALD SILVERMAN, CHAIRPERSON OF CIVIL SERVICE BOARD. Chairman Winton: Commissioner Regalado, you're going to have -- OK, you've got your items, and I forget, we have the -- Unidentified Speaker: Civil Service. Chairman Winton: -- Civil Service Board -- Commissioner Regalado: No. Let's -- Chairman Winton: -- report. Commissioner Regalado: -- do the Planning because Mr. Black is here. Chairman Winton: Civil Service or -- which one? Commissioner Regalado: The Planning. Chairman Winton: Planning? No, you're on civil service, aren't you, Mr. Silverman? Gerald Silverman: Yes, sir. Commissioner Regalado: Oh, Silverman. Chairman Winton: Yeah, come on up. Commissioner Regalado: The Civil Service. Chairman Winton: Mr. Silverman, all yours. Commissioner Regalado: I think that -- I thought somebody from Planning was here. Mr. Silverman: Ready for me? Gerald Silverman, 3675 Southwest 3rd Avenue. I'm the Chairman of the Civil Service Board. Two years ago, I was here and we presented a power point, 30 -page program. We're not going to do that. I'm going to give you the two -minute special, and if you have any question, I'll be happy to answer it. Tishria Mindingall is here. She's the executive secretary. Prior to that, Priscilla Thompson was the secretary. The staff is four people. Last year the budget came in. The expenditures were ten percent less than the budget. Board's made up of five people: Frankie Rolle, Mariano Cruz, Elroy Garcia, and Jorge Garcia, and the board's appointed for two-year terms. There are five board members; three are appointed by the board and two are elected by the City employees. We have submitted an annual report, seven pages long. During the last two years, we had 26 meetings -- or last year we had 26 meetings. The board mostly concerns with disciplinary hearings. We act as a quasi-judicial board. We have hearings. They're similar to trials downtown in the courthouse. The hearings 193 June 12, 2003 are conducted in two parts; whether or not the employee is guilty of the charges brought by the administration. If they are found guilty, we go into the second part, which is a penalty phase. The board makes a recommendation as to the penalty. The ultimate authority is the City Manager, as far as the penalty. If an employee is aggrieved, he has the right to go to court. That's once over lightly. I'll be happy to answer any questions. Mr. Cruz is here and he's also available if you have any questions. Chairman Winton: Mr. Silverman, are you familiar with this -- you could come get this report that we have in our -- Mr. Silverman: Yes, I have it. Chairman Winton: You have that? Do you have the one for last -- for the end of last year? This report shows the number of disciplinary cases that come before the Civil Service Board, and the number of times the Civil Service Board rules in favor of management versus overruling management. Do you have that copy for last year, full year report? Mr. Silverman: I don't think I have that. Chairman Winton: OK. Do you -- are y'all familiar with that report? Mr. Silverman: Doesn't look familiar to me. Chairman Winton: You might give them a copy of that, and particularly for last year, because I'm doing this by memory, so I may be off a little bit, but it seem to me that there were -- and it wasn't very many, which kind of surprised me, but I think there were something in the neighborhood of eight or ten serious disciplinary actions requested during the year, and I think the Civil Service Board upheld one of the eight to ten for the entire year, and so far this year, I think that report says there's one or two, and the Civil Service Board has ruled in opposition to the Manager in that one or two that's come this year, so there's an obvious reason why I'm gathering this information. I'm trying to understand how this process really works, and whether the process is balanced or imbalanced, and right now, based on last year's information, which I want you to get a copy of, it looks pretty imbalanced, so that's just my information. That's my report back to you, so I would hope that y'all can get a copy of that report that was in or our Commission agenda, I guess -- that shows two months worth of activity, is that what that report shows? Mr. Silverman: This one that you handed me is for the year 2003, and it just covers five months. Chairman Winton: OK, so there's another one that was before that time frame that covered all of last year, and I'd like you to get a copy of that so y'all can see it as well. Mr. Silverman: This here -- what I have here is, we had 15 appeal hearings. 194 June 12, 2003 Chairman Winton: OK, so look at the one that we have, match it up against your understanding of how the systems work, and I'd like you -- I'd like kind of a double check against the data itself, and then we can begin to talk about how this process is working or not. Mr. Silverman: OK. Chairman Winton: Thank you. Mr. Silverman: OK. Chairman Winton: Anything else? Thank you very much. Mr. Silverman: OK. Thank you. 69. COMMENTS BY CHAIRMAN WINTON REGARDING ELDERLY AFFAIRS ISSUE, ENCOURAGING STATE TO DO ANYTHING NECESSARY NOT TO TAKE FUNDING AWAY. Chairman Winton: OK. I would like to -- I don't know if you all got a copy of this, but state representative Marco Rubio has gotten involved in this whole elderly feeding thing from Tallahassee -- yea, Marco -- and he sent a letter to Mayor Diaz where he sent him a copy of a letter he sent to Mr. Terry White, secretary of Department of Elderly Affairs, and he has jumped right into the middle of this, encouraging the state to do anything they need to do to put together full funding for these elderly housing projects and did -- and I hope you all get -- I think we were all carbon copied on this, so you should have one in your office, but I just wanted to let you know that that is now in front of us, so -- 195 June 12, 2003 70. AUTHORIZE AND DIRECT MANAGER TO APPROVE DECISION OF COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE TO WANE $10,000 SUPPLEMENTARY FEE DUE TO BE PAID BY GOOMBAY FESTIVAL TO SAID COMMITTEE. AUTHORIZE AND DIRECT MANAGER TO WAIVE 120 -DAY COMPLETE APPLICATION REQUIREMENT FOR RED, WHITE AND BLUE EVENT TO BE HELD ON JULY 4, 2003. AUTHORIZE AND DIRECT MANAGER TO WAIVE 120 -DAY NOTICE REQUIREMENT FOR RED, WHITE AND BLUE EVENT TO BE HELD ON JULY 4, 2003. AUTHORIZE AND DIRECT MANAGER TO WAIVE PARKS AND RECREATION RENTAL FEE FOR RED, WHITE AND BLUE EVENT TO BE HELD ON JULY 4, 2003. AUTHORIZE AND DIRECT MANAGER TO WANE SUPPLEMENTARY FEE OF COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE $4,000 FOR RED, WHITE AND BLUE EVENT TO BE HELD ON JULY 4, 2003. AUTHORIZE $500 DISBURSEMENT FROM COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE FUND, TO BE AWARDED TO MR. ROY MARTIN, JR. AS WINNER OF "WELCOME BANNER DESIGN COMPETITION," SPONSORED BY COMMITTEE AND TO BE PAID FROM COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE. Chairman Winton: OK. Anything else? Commissioner Regalado: are you going to do the -- Chairman Winton: Oh, I've got to do your thing. Commissioner Regalado: -- boards? (UNINTELLIGIBLE) boards. Chairman Winton: Which one? If you have some appointments, you can make them; we made some earlier. Commissioner Teele didn't have -- so, if you have some specific appointments, we'll do them, and then you need to do -- Commissioner Regalado: No. I -- Chairman Winton: -- the resolutions on -- Commissioner Regalado: -- just need to do the resolutions. -- Chairman Winton: OK, go. Commissioner Regalado: -- on marketing. Goombay. 196 June 12, 2003 Chairman Winton: Yes, sir. Commissioner Regalado: Goombay. Chairman Winton: Goombay, um -hum. Commissioner Regalado: A motion that the City of Miami Commission grant -- well, approve the decision of the marketing committee of Coconut Grove -- Coconut Grove Marketing Committee of waiving the $10,000 supplementary fee due to be paid by Goombay to the marketing committee. That would be my motion. Chairman Winton: So, the marketing committee is asking that that fee that goes to the marketing committee be waived. Commissioner Regalado: Yes. Chairman Winton: OK. Commissioner Regalado: It's no impact. Chairman Winton: Right, to the City. Commissioner Regalado: No money impact here. Chairman Winton: No impact -- Commissioner Gonzalez: I'll second -- Chairman Winton: -- to the City. Commissioner Gonzalez: -- the motion. Chairman Winton: Motion, second. Discussion? Being none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. 197 June 12, 2003 The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 03-685 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO APPROVE DECISION OF THE COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE TO WAIVE $10,000 SUPPLEMENTARY FEE DUE TO BE PAID BY GOOMBAY FESTIVAL TO SAID COMMITTEE. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Commissioner Joe Sanchez Commissioner Regalado: A motion that the City Commission grant a waiver of the 120 day complete application requirement for the red, white, and blue event to be held on July 4, 2003. That's my motion. They didn't -- Chairman Winton: Motion. Commissioner Gonzalez: Second. Commissioner Regalado: -- came -- Chairman Winton: Motion, second. Discussion? Being none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 03-686 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO WAIVE THE 120 -DAY COMPLETE APPLICATION REQUIREMENT FOR THE RED, WHITE AND BLUE EVENT TO BE HELD ON JULY 4, 2003. 198 June 12, 2003 Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Commissioner Joe Sanchez Commissioner Regalado: A motion that the City Commission grant a waiver of the 120 -day notice requirement for the red, white, and blue event to be held on July 4, 2003. Commissioner Gonzalez: Second. Chairman Winton: Got a motion and a second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 03-687 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO WAIVE THE 120 -DAY NOTICE REQUIREMENT FOR THE RED, WHITE AND BLUE EVENT TO BE HELD ON JULY 4, 2003. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Commissioner Joe Sanchez Commissioner Regalado: A motion that the City Commission grant a waiver to the red, white, and blue event, scheduled for July 4, 2003, of the parks and recreation fee. That's another motion. 199 June 12, 2003 Chairman Winton: Now, try that on me again. That's the what, the parks and recreation fee? Commissioner Regalado: For the Fourth of July event. Now, the committee is asking the City Commission to waive the rent of the park fee. That's what the committee is asking. Chairman Winton: And is that -- do we typically do that? Commissioner Regalado: Yeah, we do that. We just did that. Chairman Winton: OK. I just want to make sure. Just— Commissioner Regalado: Yeah, we did that. Chairman Winton: I don't want anybody coming back to us later saying, hey, you know, look what you did. Commissioner Regalado: No, no, no. We do that -- Chairman Winton: OK. Commissioner Regalado: -- all the time. Chairman Winton: OK. We have a motion -- Commissioner Gonzalez: Second. Chairman Winton: -- and a second. All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 03-688 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO WAIVE THE PARKS AND RECREATION RENTAL FEE FOR THE RED, WHITE AND BLUE EVENT TO BE HELD ON JULY 4, 2003. 200 June 12, 2003 Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Commissioner Joe Sanchez Commissioner Regalado: A motion that the City Commission grant a waiver for the red, white, and blue event of the supplementary fee, up to $4,000, that has to be paid to the marketing committee, so this is, again, no impact to the City. Commissioner Gonzalez: Second. Chairman Winton: Motion and a second. Discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 03-689 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO WAIVE THE SUPPLEMENTARY FEE OF THE COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE IN AN AMOUNT NOT TO EXCEED $4,000 FOR THE RED, WHITE AND BLUE EVENT TO BE HELD ON JULY 4, 2003. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Commissioner Joe Sanchez 201 June 12, 2003 Commissioner Regalado: A resolution of the City of Miami Commission authorizing a disbursement in the amount of $500 to be made by the Coconut Grove Special Events and Marketing Committee to Mr. Roy Martin, Jr. for winning the Welcome Banner Design Competition, hosted by the committee, and to be paid from the Coconut Grove Special Events district fund. Commissioner Gonzalez: Second. Chairman Winton: Got a motion and a second. Discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following resolution was introduced by Commissioner Regalado, who moved for its adoption: RESOLUTION NO. 03-690 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN THE AMOUNT OF $500, FROM THE COCONUT GROVE SPECIAL EVENTS DISTRICT FUND, TO BE AWARDED TO MR. ROY MARTIN, JR. AS THE WINNER OF THE WELCOME BANNER DESIGN COMPETITION, SPONSORED BY THE COMMITTEE AND TO BE PAID FROM THE COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Commissioner Joe Sanchez Commissioner Regalado: That's it. 202 June 12, 2003 71. APPOINT SUSANE PETERS TO HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD. Chairman Winton: OK. I have -- could I make -- I'm going to -- do -- I have a number of appointments that we can get out of the way and we don't have to do them next time. Bond Oversight Board, Susane Peters. Motion. Commissioner Gonzalez: Move --second. Commissioner Regalado: Second. Commissioner Gonzalez: Second. Chairman Winton: Call the motion. Commissioner Gonzalez: Second. Chairman Winton: So, I move Susane Peters, you second. Mr. Chairman of the moment, all in favor. Commissioner Gonzalez: OK. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign -- Commissioner Gonzalez: All opposed? Motion stands. The following resolution was introduced by Chairman Winton, who moved for its adoption: RESOLUTION NO. 03-691 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL TO THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD. 203 June 12, 2003 Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Commissioner Joe Sanchez 72. APPOINT BARBARA BISNO AND ALFREDO RICHARD TO ARTS AND ENTERTAINMENT COUNCIL. Chairman Winton: Arts and Entertainment, Barbara Bisno, replacing Dale Webb, and Alfredo Richard, reappointment to the board. So moved. Commissioner Regalado: Second. Commissioner Gonzalez: All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Gonzalez: All opposed? Motion stands. The following resolution was introduced by Chairman Winton, who moved for its adoption: RESOLUTION NO. 03-692 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL. Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Commissioner Joe Sanchez 204 June 12, 2003 73. APPOINT CARL SMITH AND NEAL MCALILEY TO WATERFRONT ADVISORY BOARD. Chairman Winton: Waterfront Advisory Board, Carl Smith, replacing John Brennan's resignation, and Neal McAliley, reappointment, so moved. Commissioner Regalado: Second. Commissioner Gonzalez: All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Gonzalez: All opposed? Motion stands. The following resolution was introduced by Chairman Winton, who moved for its adoption: RESOLUTION NO. 03-693 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD. Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Commissioner Joe Sanchez 74. APPOINT TUCKER GIBBS TO CHARTER REVIEW AND REFORM COMMITTEE. Chairman Winton: Charter Review Committee, Tucker Gibbs. Commissioner Regalado: Second. Chairman Winton: So moved, yeah. Commissioner Gonzalez: OK. All in favor, say "aye." The Commission (Collectively): Aye. 205 June 12, 2003 Commissioner Gonzalez: All opposed? Motion stands. The following resolution was introduced by Chairman Winton, who moved for its adoption: RESOLUTION NO. 03-694 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS MEMBERS OF THE CHARTER REVIEW AND REFORM COMMITTEE. Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Commissioner Joe Sanchez Chairman Winton: Thank you. Commissioner Gonzalez: Yes, sir. Chairman Winton: Do we have anything else? Anything else, Mr. Manager? Mr. City Attorney? Larry Spring (Chief of Strategic Planning, Budgeting & Performance): No, sir. Chairman Winton: What time is it? Commissioner Gonzalez: It's -- Chairman Winton: Oh, it's too early. We can think of something else to do, can't we? Y'all don't want to go home, do you? Unidentified Speaker: Yes (UNINTELLIGIBLE). Commissioner Regalado: No. Chairman Winton: Huh? Unidentified Speaker: (UNINTELLIGIBLE). 206 June 12, 2003 Commissioner Regalado: No. Chairman Winton: Let's talk about something. Commissioner Regalado: No. We're supposed to leave here at 6:15. Chairman Winton: Meeting is adjourned. Commissioner Regalado: OK. 75. DIRECT MANAGER TO ALWAYS HAVE SCHEDULE OF ALL MEETINGS TO TAKE PLACE IN CITY HALL SO THAT IF COMMISSION CONTEMPLATES CHANGE OF ITS MEETING DATE, IT CAN CONSIDER PRIOR RESERVED USE OF CITY HALL CHAMBERS. Commissioner Regalado: Oh, oh, oh, oh, just don't go, don't go, don't go. We -- I think we may have a situation here with the changing of the date. The Assistant City Attorney, Joel Maxwell, was mentioning something about the notice for the Planning and Zoning. We have a problem here. Alejandro Vilarello (City Attorney): It's been resolved. Commissioner Regalado: It's been resolved? You have plenty of notice? Mr. Vilarello: Well -- Joel Maxwell (Deputy City Attorney): We believe we've resolved it, yes. Commissioner Regalado: OK, because they sent 3,000 notices; that's the problem, and you see, we have the Coral Gate -- Chairman Winton: For that same date? Commissioner Regalado: Yeah. Mr. Maxwell: Yeah. The problem was that there were 3,000 hand notices that the Hearings Boards division had to prepare and they had already prepared those for the meeting of next Thursday, and they have to go out tomorrow, so that -- we were scrambling like crazy to try to see if you can comply with the change in dates, and we were informed, not too very long ago, that we believe we've been able to accomplish that, so you can go along with your change of dates. Commissioner Regalado: And we have the Code Enforcement that Wednesday here, City Hall. Chairman Winton: What time do y'all start? 207 June 12, 2003 Unidentified Speaker: 5 o'clock. Chairman Winton: 5? Commissioner Regalado: No, noway. Chairman Winton: Yes. (UNINTELLIGIBLE) going to have to get out of (UNINTELLIGIBLE). Commissioner Regalado: Well, you have Planning. Chairman Winton: How's that? Commissioner Regalado: You have Planning, Planning and Zoning. Huh? Unidentified Speaker: 6 o'clock. Chairman Winton: 6 o'clock what? Commissioner Regalado: Time certain. We have the Coral Gate Conservation District. Mr. Maxwell: And yours. There's a -- Chairman Winton: Why didn't -- when we were going through this this morning, when we had all the Commissioners here, why didn't we -- why didn't somebody bring that information to our attention? I mean, we got a Clerk's Office, a Manager's Office, and a City Attorney's Office, and we're -- everybody's sitting, and we get at the end of our meeting, and Commissioner Sanchez is gone. Commissioner Gonzalez: I believe that the meeting that we're having a conflict with is the CDBG (Community Development Block Grant) meeting, right? Is that the meeting that we're changing? Chairman Winton: No. Commissioner Regalado: No, no, no, no. Chairman Winton: No, no. It was the regular Commission meeting -- Commissioner Regalado: You're changing the regular meeting -- Chairman Winton: -- that was scheduled for the -- Commissioner Regalado: The Planning -- Chairman Winton: -- Thursday -- 208 June 12, 2003 Commissioner Regalado: -- and Zoning. Commissioner Gonzalez: Oh, the Thursday -- Chairman Winton: -- and we moved it -- Commissioner Gonzalez: -- to the Wednesday. Chairman Winton: -- to Wednesday, and that's in conflict with apparently everything -- Commissioner Gonzalez: We have a problem, right. Chairman Winton: -- and no one said anything. Commissioner Regalado: Well, why don't we ask Commissioner Sanchez to look through his schedule to see if he can arrange to stay here for Thursday, because -- I mean, for him to be out - - I mean, I don't have a problem any day, and every time you guys want to change something -- because for me, everyday is the same, but -- I mean, it would mean that we have to change so many things -- Commissioner Gonzalez: Yeah. Commissioner Regalado: -- and it would create some chaotic situation here. Chairman Winton: Madam Clerk, could you work with each of our offices and see if we can come up with an alternative to the Wednesday that we've put on notice, and what do we have to do from a noticing standpoint, if she can find an alternate date? Commissioner Regalado: Yeah, but the thing is -- Mr. Vilarello: For the City Commission meeting? Commissioner Regalado: -- that the notice have been -- Priscilla A. Thompson (City Clerk): Has to be approved -- Commissioner Regalado: -- need to be postmark by Saturday. Ms. Thompson: --and -- Mr. Vilarello: The notice -- I'm sorry. Commissioner Regalado: No. I -- 209 June 12, 2003 Ms. Thompson: It's my understanding that any change in the meeting date would have to be approved by a Commission vote, and then we can go ahead and notice. If we're doing this by telephone, wouldn't we still need to bring it to the Commission for their approval for a change? Commissioner Regalado: Yeah, and we don't want to meet -- Mr. Vilarello: Absolutely. Only the City Commission can change the date of a City Commission meeting. That's the question. Commissioner Regalado: Yeah. Chairman Winton: And the meeting. Commissioner Regalado: What I'm saying is why don't we change back to Thursday -- Commissioner Gonzalez: Back to Thursday. Commissioner Regalado: -- and talk to Joe -- Commissioner Gonzalez: Exactly. Commissioner Regalado: -- to see if he can arrange something. If not, I mean, you know, we're going to have to do it without him because it's a mess. Chairman Winton: It'll create chaos -- Commissioner Gonzalez: That's the only solution you have. Chairman Winton: -- but -- and I agree. Who keeps a schedule of all of these meetings? I didn't -- not asking you. Who keeps a schedule of these board meetings that meet here in City Hall? Ms. Thompson: Any and all board meetings are supposed to be noticed to our office, and we put them on our board calendar. We don't have a physical calendar that looks like this with all of the meetings listed, only a running weekly calendar that's on the computer. Chairman Winton: Well, whose job is it to keep track of all of the board meetings that use City Hall? Ms. Thompson: The City Manager's office. Chairman Winton: It still irritates me to no end that we sat here this morning, when we had Commissioner Sanchez here. We talked about a change in date. Somebody knew about all these other board meetings that were occurring. We're ready to, and have adjourned, and then somebody wakes up and say, oh, my, we have a minor problem that really is a major problem. I mean, that shouldn't happen, so -- 210 June 12, 2003 Mr. Vilarello: Mr. Chairman, I'll chime in here. The City Commission meetings always take precedence over every subordinate board -- Chairman Winton: I don't care. Mr. Vilarello: -- so it's -- Chairman Winton: Our job isn't to create chaos for the volunteers and the public that has to come and deal with this stuff. I mean -- Commissioner Regalado: What -- Chairman Winton: I know, Alex, that we take precedence, but that doesn't mean it's right. Commissioner Gonzalez: Right. Mr. Vilarello: Commissioner, if the Commission voted -- Commissioner Regalado: Mr. Chairman -- Chairman Winton: And -- Mr. Vilarello: -- to change the time and date of the meeting. There was a notice issue, and apparently that notice issue has been resolved. Chairman Winton: It isn't resolved. We've got -- Commissioner Regalado: No, no. Mr. Chairman, can we hear from Teresa Zorilla; maybe she can speak on behalf of Joe? Teresa Zorilla: Commissioner Joe Sanchez. I just spoke with the Commissioner, and he says that if you all cannot change the date, he will not be able to be here. He has to be out of town on the 26th; he must, so he says, if there is no change, you can carry the meeting, and then he will be absent. Chairman Winton: OK. Thank you, so -- does he have any other dates? Commissioner Regalado: I just mentioned that so -- because I wanted to be here until 6:15, you know. Chairman Winton: Until what? Commissioner Regalado: I mentioned the problem because I wanted -- Chairman Winton: So we get to -- here till 6:15. 211 June 12, 2003 Commissioner Regalado: -- to be here until 6:15. Chairman Winton: Well, without him, I don't know how we can -- and so, Alex, let me ask you another question. Mr. Vilarello: Yes, sir. Chairman Winton: The point you made about our meetings taking precedence over all other meetings, which I understand completely, so what you're telling -- we've never -- because we've changed a lot of meetings -- Mr. Vilarello: Sure. Chairman Winton: -- and when wee change those meetings, we never ask that question, do we? Mr. Vilarello: No, you don't, and it doesn't mean that the Code Enforcement Board can't meet. We just provide an alternative site for the Code Enforcement Board to meet, so there's no additional notice requirements for the Code Enforcement Board. We'll either move them to the COW (Committee of the Whole) room or some -- and I understand that that's not the best thing for the Code Enforcement Board -- Unidentified Speaker: We know (UNINTELLIGIBLE) Chairman Winton: Excuse me, I'm not asking you guys questions, so -- Mr. Vilarello: -- and what simply happens is a notice is placed in City Hall, or the location where the meeting is supposed to happen of the relocation of the meeting. I've got to tell you, in the time that they were redoing this facility, that happened on a regular basis with, not just the Code Enforcement Board, but every other board that used to meet here, or at the Exhibition Center, or in the COW room, so it's something that we face with and deal with on a regular basis. Chairman Winton: OK, so I think that we're better served by working to try to make sure we can accommodate Commissioners who want to be at meetings. I think it's just better for us, so I would rather leave this meeting on that Wednesday and let us figure out what we do about it. I would -- Commissioner Regalado: If he cannot make it, then we have to do it on Wednesday. Chairman Winton: Yeah, so -- Commissioner Regalado: I mean, because he wanted to be here and -- Chairman Winton: But in addition to that, I would like -- because I think we do need to be mindful of the public that has to come to these events that we make them come to, and the volunteers that serve on these committees, so in the future when we're moving these, can we make sure that the Manager always has at least a month worth of the events that calendar with 212 June 12, 2003 them so that we can take that in -- we may still move them, but at least we can take it into consideration as we're trying to find alternate dates, and that may at least help a bit, so I think we've got to leave the meeting for that Wednesday because I think it's very important that we always work hard to make sure we have all five Commissioners present. OK. We're still adjourned. No, we -- I adjourned before. Ms. Thompson: Then you couldn't conduct -- Chairman Winton: Yeah, we didn't conduct any business, so -- 213 June 12, 2003 THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 5:44 P.M. Attest: Priscilla A. Thompson CITY CLERK MANUEL A. DIAZ MAYOR 214 June 12, 2003