Loading...
HomeMy WebLinkAboutCC 2003-09-05 MinutesMINUTES OF SPECIAL MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 5th day of September 2003, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in special session. The meeting was called to order at 1:17 p.m. by Chairman Johnny L. Winton with the following members of the Commission found to be present: Commissioner Angel Gonzalez (District 1) Chairman Johnny L. Winton (District 2) Commissioner Joe Sanchez (District 3) Commissioner Tomas Regalado (District 4) (1:32 p.m.) Vice Chairman Arthur E. Teele, Jr. (District 5) ALSO PRESENT: Joe Arriola, City Manager Alejandro Vilarello, City Attorney Priscilla A. Thompson, City Clerk Sylvia Scheider, Assistant City Clerk 1 September 5, 2003 1. AUTHORIZE MANAGER TO EXECUTE AGREEMENT BETWEEN CITY AND BALLET GAMONET, INC. FOR PUBLIC BALLET PROJECT IN ALFRED L DU PONT BUILDING LOCATED AT 169 EAST FLAGLER STREET, TO PROVIDE CITY FUNDING, $300,000, FOR ACQUISITION OF BALLET PERFORMANCE EQUIPMENT AND CAPITAL IMPROVEMENTS LEASED BY CITY; ALLOCATE FUNDS FROM DISTRICT 2 (DOWNTOWN) QUALITY OF LIFE CAPITAL IMPROVEMENTS PROJECT, UNDER HOMELAND DEFENSE — NEIGHBORHOOD IMPROVEMENT BOND PROGRAM. Chairman Winton: Welcome back from our very short summer break. In fact, we're supposed to still be on our summer break, but here we are, you know. We just get no break. We don't get paid anything and we get no break. You know, you got to put that pitch in there every once in a while. I'd like to bring this Special Commission meeting of September 5, 2003 to order, and Commissioner Sanchez, would you mind leading us in the invocation, and Commissioner Gonzalez, pledge. Invocation and pledge delivered. Chairman Winton: And for the record, there were no mayoral vetoes, so I guess we can move straight to our agenda, and the first issue is an authorization to utilize up to $300,000 of the District 2 Quality of Life bond monies to help assist the start-up of a new ballet in Miami that's going to be headed up by Jimmy Gamonet, who's sitting here in front of us, and Jimmy, if you don't mind, would you come to the microphone, introduce yourself, give us your name and address, and then tell us a little bit about what's happening, and by the way, the new ballet is going into downtown Miami, their principal offices, and -- Jimmy Gamonet: Du Pont. Chairman Winton: -- rehearsing space will be in the Alfred I. -- the historic Alfred I. Du Pont Plaza building at Flagler and 2nd Avenue, and their performances will be at Gusman. Mr. Gamonet: Correct, correct. My name is Jimmy Gamonet De Heros. I live here in Miami Shores, 600 Northeast 97th Street, and basically, we are waiting to have this beautiful thing approved so that we can start conditioning the beautiful Du Pont building to house us, and this would require things like, you know, dance floors, so the dancers don't kill themselves when they dance on cement; special sound equipment, mirrors, and many other things. Chairman Winton: But tell us about the ballet itself, what's your vision here? Mr. Gamonet: Definitely. I was affiliated with Miami City Ballet for about, I would say, 15 years, near 15 years, and that relationship came to an end, and due to the interest of some members of this community, I was enticed to start a new organization here in Miami that would provide an alternative dance company, which is, indeed, what this community needs at this point, to just be able to show you that dance can be approached in so many beautiful ways. It will 2 September 5, 2003 enhance the looks of the community, and it will show that you guys really care enormously about this art form. Chairman Winton: And, by the way, for the information of my colleagues, I've been to one ballet, and the person who invited me, I asked her to never invite me again, so it isn't as though I'm a big fan of ballet, personally, but I -- Commissioner Sanchez: You just likes the tights. Chairman Winton: -- am definitely a fan of ballet as an art form -- Mr. Gamonet: He has -- Commissioner Sanchez: He just likes the tights. Chairman Winton: Yes. Mr. Gamonet: He doesn't like the tutus. Chairman Winton: Yes. Commissioner Sanchez: The tutus. Chairman Winton: So, I understand how important this art form is in our community in terms of quality of life, and a lot of people do love it -- Mr. Gamonet: And if I could -- Chairman Winton: -- so -- Mr. Gamonet: -- and (UNINTELLIGIBLE) what we're doing, it's going to go beyond 19th Century formalities. This is not about Giselle's Swan Lake. We're trying to make comments that are more relevant to our times and to our community, to our city, which is what I've done for that company. Chairman Winton: I might like that one, then. Yes, Commissioner Sanchez. Commissioner Sanchez: I just have one question. I'm fully in support of this item, but isn't the Du Pont Plaza scheduled for demolition sometime in the near future? Chairman Winton: No. Mr. Gamonet: No. Commissioner Sanchez: No? 3 September 5, 2003 Mr. Gamonet: No. It's not -- Chairman Winton: No. Mr. Gamonet: -- supposed to be touched. Unidentified Speaker: (INAUDIBLE) Du Pont, the Du Pont building. Chairman Winton: Yeah, yeah, yeah. You're thinking Du Pont Plaza. Commissioner Sanchez: Oh. Chairman Winton: This is the -- Mr. Gamonet: Yeah. Chairman Winton: -- Alfred L Du Pont building, the -- Commissioner Sanchez: That was just my question. Chairman Winton: Yeah. Commissioner Sanchez: I didn't want to, you know, put $300,000 -- Mr. Gamonet: Sure. Commissioner Sanchez: -- into a building that was going to be -- Mr. Gamonet: No. Noway. Commissioner Sanchez: OK. Chairman Winton: No, we wouldn't be doing that. Commissioner Sanchez: Point -- Chairman Winton: Would one of -- Commissioner Sanchez: -- clarified. Chairman Winton: Could I -- Vice Chairman Teele: Sir. Chairman Winton: Commissioner Teele. 4 September 5, 2003 Vice Chairman Teele: Who's the City staff that put this document together, the lease agreement, et cetera? It doesn't have -- it's very -- is there a Manager's recommendation with this? Chairman Winton: And, by the way, it's been to the Bond Oversight Board, and et cetera, et cetera. Vice Chairman Teele: Is there a Manager's recommendation attached to this, to our documents today? Jorge Cano (Acting Chief of Neighborhood Services): What we have, Commissioner Teele, we've got the approval from the Bond Oversight Board. Vice Chairman Teele: Excuse me. Your name and title for the record, Jorge, and -- Mr. Cano: Jorge Cano. Vice Chairman Teele: -- my question is, is there a Manager's recommendation -- Mr. Cano: Yes. Vice Chairman Teele: -- before us? Could I get a copy of that? I don't seem to have that. Mr. Cano: OK. I don't think I have a copy with me, but I will make sure you get one. Vice Chairman Teele: It's not in the package. Mr. Cano: OK. OK. Vice Chairman Teele: Does the Manager recommend this? Mr. Cano: Yes, he does. Vice Chairman Teele: Who wrote this document that's before us, the document entitled agreement between the City, and what -- I know the Law Department is responsible -- Alejandro Vilarello (City Attorney): Exactly. Vice Chairman Teele: -- for the legal form of it, but the substance of this, whose office did this? Mr. Cano: There was a draft prepared from the ballet Gamonet -- Mr. Vilarello: We prepared -- what the Commissioner's asking, though, substantively, the business issues; who, in the Manager's staff, address the business issues. Mr. Cano: OK, we -- Diane Johnson, from Capital Improvements, reviewed it from a point of view of the Bond Oversight and the funding guidelines. 5 September 5, 2003 Vice Chairman Teele: We don't -- I don't have a Manager's recommendation. Mr. Cano: OK. Vice Chairman Teele: I'm asking, simply, one question, Jorge. Mr. Cano: Yes. Vice Chairman Teele: Who -- what office and what individual was responsible for the preparation of this document? Mr. Cano: The legal -- Vice Chairman Teele: That is, the agreement between the City of Miami and -- Mr. Vilarello: Jorge, I think the Commissioner acknowledged that he understands that my office drafted the document. Mr. Cano: Right. Mr. Vilarello: I think he's asking a different question. Mr. Cano: OK. We reviewed it through my department. Vice Chairman Teele: I understand. I'm trying to -- Commissioner Sanchez: The City Manager's right there. Mr. Cano: Yes. Vice Chairman Teele: My question is very simple. I -- the City Manager is sitting right there; that's the person who's speaking for him for this moment, and I take -- I accept, on the record, that the City Manager is supporting this, notwithstanding the fact that we were not provided with a Manager's recommendation. At least, I was not provided with a Manager's recommendation. Chairman Winton: There's nothing (UNINTELLIGIBLE) -- Vice Chairman Teele: There is nothing here, OK, so that's neither here nor there. What I'm trying to find out is who prepared this document. What office, was it Capital Improvement? Was it Procurement? Was it -- ? Mr. Cano: Capital Improvement prepares -- put together the package. Vice Chairman Teele: What's the economic development office, the Asset Management office? What's that economic -- what's the name of that office now? 6 September 5, 2003 Chairman Winton: Asset and Economic Development. Vice Chairman Teele: Asset and Economic Development. Mr. Cano: Real Estate and Economic Development. Vice Chairman Teele: Were they involved in this document, at all? Mr. Attorney, who did your office -- if I can't get it from the Manager, let me ask you. Who did you all interact with to prepare this? Mr. Vilarello: With Capital Improvement, with Mr. Cano's office. Mr. Cano: Yes. Vice Chairman Teele: OK. Mr. Manager, this is the best written document that I have read relating to the City trying to help somebody in this City. I knew -- I was hoping that it was going to come from Economic -- the Asset Management and Economic Development [sic], because that's where these documents in the past have been coming from and they're horrible. This document is designed to help the agency that Commissioner Winton is trying to help, and I would hope -- Jorge, I'm sorry. I mean, you know, sometimes you don't know. Sometimes you ought to just take -- Chairman Winton: If only he would have said yes. If only he would have said "I did it." Vice Chairman Teele: Sometimes it's not blame; sometimes it's credit. Commissioner Sanchez: (INAUDIBLE). Vice Chairman Teele: But Mr. Manager, really, this document should be staffed over with the director of Economic Development and Asset Management [sic] because this is the kind of document that I know that if Commissioner Regalado was here, he's been frustrated ever since I've been here about the way these relationships with the culture groups and the Cuban Community. I've been frustrated with it, as I shared with you the other night. The "Y" walked away from an agreement with the City because they don't -- our agreements don't make sense. This agreement makes sense, and the operative sentence in this agreement is that the City, at all times, will have ownership of this property, and it's brilliant, it's beautiful. It absolutely -- you know, it represents a quantum leap forward, and Commissioner Winton and Mr. Manager, I really want to commend you because this is the kind of documents we need to get in the hands, especially, of our culture organizations, and Mr. Chairman, if I may, at the appropriate time, or maybe on Thursday, I think we should discuss the Latin Grammy and the beautiful representation that the Mayor, and the City, and the Police, and all of that provided, but if we want our City to be a cultural capital, citadel, we've got to do these kind of things, and I fully, one hundred percent support it, and I support the innovation, but more importantly, I think the underlying concept in here is so well thought out and so well written, so would you pass on to Diane, is the only name you would offer up -- 7 September 5, 2003 Mr. Cano: Well, she was the point person for reviewing the document, and of course, we had a lot of very positive input from the Bond Oversight Board, and that worked its way into the agreement, so they deserve credit for that, as well. Chairman Winton: Would you move it? Joe Arriola (City Manager): Now, you really have to know, I really wrote it. Chairman Winton: Yeah, yeah. Vice Chairman Teele: Everybody was protecting you, huh? It was moved by -- Chairman Winton: Well, did you move it? Commissioner Sanchez: So moved. Chairman Winton: OK. Vice Chairman Gonzalez: Second. Chairman Winton: Got a motion and a second. Any further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. 8 September 5, 2003 The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-911 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND BALLET GAMONET, INC. FOR A PUBLIC BALLET PROJECT IN THE ALFRED L DUPONT BUILDING LOCATED AT 169 EAST FLAGLER STREET, MIAMI, FLORIDA, TO PROVIDE CITY FUNDING, IN AN AMOUNT NOT TO EXCEED $300,000, FOR THE ACQUISITION OF BALLET PERFORMANCE EQUIPMENT AND CAPITAL IMPROVEMENTS LEASED BY THE CITY AT A NOMINAL RENTAL FEE, FOR PUBLICLY ACCESSIBLE AND CERTAIN FREE OR REDUCED COST BALLET PERFORMANCES, SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE HEREIN RESOLUTION AND THE AGREEMENT; ALLOCATING FUNDS FROM DISTRICT 2 (DOWNTOWN) QUALITY OF LIFE CAPITAL IMPROVEMENTS PROJECT NO. 311712, UNDER THE HOMELAND DEFENSE — NEIGHBORHOOD IMPROVEMENT BOND PROGRAM. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado Chairman Winton: Off and dancing. Commissioner Gonzalez: By the way, the person that went to the drug store to buy the nerve pills, tell him to come back (UNINTELLIGIBLE) problem. He don't need them. Chairman Winton: Right. 9 September 5, 2003 2. ACCEPT BID OF METRO EQUIPMENT SERVICE, INC., PURSUANT TO SECOND FORMAL INVITATION FOR BIDS FOR PROJECT ENTITLED "STORM SEWER FORCE MAIN SYSTEM", B-5693; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENTS PROJECT, TOTAL $1,873,468. Chairman Winton: OK. Item number 2. Mr. Manager, you'd like to give us a -- someone from - - give us a quick synopsis of what we're doing here? Jorge Cano (Department of Capital Improvements): Yes. Commissioner Sanchez: This is your time to shine. Mr. Cano: Jorge Cano, Department of Capital Improvements. This is a very important force main that is key to the flood mitigation in the Flagami/West End area of Miami. It's one of a number of projects that are being funded with federal and state funds, and it's a joint project with the City of West Miami, where the force main -- the cost of the force main is being shared by both municipalities, and it -- principally, it's a collector -- a system to collect all the storm water from very low-lying areas in the west end of Miami and pump it into the C-4 blue canal -- Blue Lagoon canal basin. Chairman Winton: Need a motion. Vice Chairman Teele: So move for discussion. Chairman Winton: Got a motion. Commissioner Sanchez: Second. Commissioner Gonzalez: Second. Chairman Winton: Second. Discussion. Commissioner Teele. Vice Chairman Teele: Mr. Manager, this particular vendor, is this the vendor that is also doing the work at the County? Joe Arriola (City Manager): No, sir. That's a different -- that -- I'm -- I withheld that for 9/11. I'm going to bring that. This is -- Vice Chairman Teele: Force main. Mr. Cano: This is for a pressure force main for storm water. The other one is for storm sewer cleaning. Mr. Arriola: We're still (UNINTELLIGIBLE) -- Vice Chairman Teele: Thank you. 10 September 5, 2003 Chairman Winton: Any other discussion? 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 Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-912 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID OF METRO EQUIPMENT SERVICE, INC., FOR THE PROJECT ENTITLED "STORM SEWER FORCE MAIN SYSTEM, B-5693," IN AN AMOUNT NOT TO EXCEED $1,765,208 FOR THE CONTRACT COSTS, PLUS $108,260 FOR EXPENSES INCURRED BY THE CITY FOR A TOTAL PROJECT COST OF $1,873,468, AS SET FORTH ON THE FORMAL BID DOCUMENT AND THE DEPARTMENT OF CAPITAL IMPROVEMENTS PROJECT ("CIP") FACT SHEET, ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM CIP NO. 352199; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado 11 September 5, 2003 3. AUTHORIZE MANAGER TO EXECUTE CONCESSIONS AGREEMENT WITH BOSTON CONCESSION SERVICES TO PROVIDE CONCESSION SERVICES AT ORANGE BOWL STADIUM; AND APPROVE REDUCTION IN MINIMUM GUARANTEE FOR STADIUM BY $30,000 PER GAME PLAYED BY UNIVERISTY OF MIAMI. Chairman Winton: Item 3, Orange Bowl. Go Canes. Commissioner Gonzalez: Move Item 3. Christina Abrams (Director, Public Facilities): Go Canes. Chairman Winton: Go Canes. Commissioner Sanchez: Go Canes. Chairman Winton: We have a motion -- Commissioner Sanchez: Second. Chairman Winton: -- and a second on Item 3. Discussion. Vice Chairman Teele: Is -- Chairman Winton: Yes, sir. Commissioner Teele. Vice Chairman Teele: -- Commissioner Regalado going to come? Because I may not -- does this require four votes? No? Alejandro Vilarello (City Attorney): It does not require four votes. Chairman Winton: Anything else, Commissioner Teele? Vice Chairman Teele: When we approved this, we approved this as an emergency with -- is this the one where we approved the emergency about three months ago, Mr. Manager? Ms. Abrams: If I can clarify? We've issued -- Chairman Winton: Name, name. Ms. Abrams: Christina Abrams, director of Public Facilities, responsible for the Orange Bowl. We issued a formal RFPs (Requests for Proposals) to solicit proposals for a concessionaire. We received proposals; we evalued [sic] them; we present to the City Commission on a normal scheduled Commission meeting, and it was approved. Mr. Vilarello: Ms. Abrams, didn't you, in fact, in the gap between the problems with the prior caterer, award, on a temporary basis, to this vendor? 12 September 5, 2003 Ms. Abrams: With City Commission approval. Vice Chairman Teele: Well, see, this is not -- again, I'm not nitpicking, at all, but the memo, Mr. Manager, doesn't lay this out. My recollection -- Mr. Arriola: I know, I know. Vice Chairman Teele: -- of this, because I specifically asked, you know, did we give the opportunity for vendors, minorities, et cetera, et cetera, et cetera. The Mayor's State of the Union talked about we're going to give minorities, and this -- you came in and made a very compelling case; this was an emergency; it had to be done, but I can assure you we'll be back with a bid that's going to dah, dah, dah, dah, dah, dah. This is -- is this the vendor that is used at Joe Robbie Stadium or something or somewhere? Ms. Abrams: Yes, but we did issue an RFP, and it was opened to local and minority vendors. We did not select one vendor. We bid it out. Mr. Arriola: But -- can I give you a little background why this happened, or the history why this is back in front of you? Vice Chairman Teele: This is not a piggy -- this is not an amendment or an extension of the original emergency. Mr. Arriola: No, sir. No, sir. Vice Chairman Teele: OK. Mr. Arriola: The history is behind us. After we went out to bid and we awarded them the contract, the University of Miami -- Vice Chairman Teele: How many bidders were there? Ms. Abrams: There were four responsive bidders. Vice Chairman Teele: Were any of them City of Miami? Ms. Abrams: None was a local firm. Vice Chairman Teele: I'm satisfied. Chairman Winton: OK. Any other discussion? Mr. Arriola: Did you -- you wanted to hear this, why we had the reduction? Vice Chairman Teele: If there was anything else felt should be on the record. 13 September 5, 2003 Mr. Arriola: Well -- no, nothing. No, because this -- Commissioner Sanchez: Well, there is. I mean, the purpose is to restriction of the beer sales -- Mr. Arriola: This is what happened -- Commissioner Sanchez: -- that's why it's coming back for reduction. It's simple. Mr. Arriola: This is more of a safety issue at the Orange Bowl. We were very concerned with the kids with excessive drinking, and so we have restricted the beer sales, and it's not fair to hold them to their original contract when we're going to restrict their sales. I thought it was fair thing to do. Vice Chairman Teele: Thank you. Chairman Winton: OK. Any -- no other discussion? All in favor, "aye." Commissioner Sanchez: Call the question. 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. 03-913 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A CONCESSIONS AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH BOSTON CONCESSION SERVICES TO PROVIDE CONCESSION SERVICES AT THE ORANGE BOWL STADIUM ("STADIUM"); AND APPROVING A REDUCTION IN THE MINIMUM GUARANTEE FOR THE STADIUM BY AN AMOUNT EQUAL TO $30,000 PER GAME PLAYED BY THE UNIVERSITY OF MIAMI AS SET FORTH IN THE PROPOSED AGREEMENT PURSUANT TO RESOLUTION NO. 03-842, ADOPTED JULY 24, 2003. 14 September 5, 2003 Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Ms. Abrams: Thank you. 4. EXTEND CALL OF SPECIAL COMMISSION MEETING, AS EMERGENCY MEASURE IN ORDER TO ADDRESS EXTRAORDINARY CIRCUMSTANCES CREATED BY FIRE WHICH TOOK PLACE AT 2295 S.W. 9 STREET, IN LITTLE HAVANA, WHICH DISPLACED 25 FAMILIES; STIPULATE THAT ANY ACTION TAKEN WILL BE SUBJECT TO RATIFICATION AT LATER COMMISSION MEETING IF DETERMINED TO BE LEGALLY REQUIRED. APPROVE DONATION OF FUNDS, $10,000, TO AMERICAN RED CROSS TO ASSIST 25 FAMILIES DISPLACED BY APARTMENT BUILDING FIRE AT 2295 SOUTHWEST 9TH STREET; FURTHER ALLOCATE $5,000 FROM DISTRICT 3 OFFICE BUDGET, AND $5,000, FROM OFFICE BUDGET OF DISTRICT 4. Chairman Winton: Item 4, concerning imposition of a parking surcharge. What -- Mr. Manager, 4. Commissioner Regalado: Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Regalado: Thank you. This morning there was a fire in Little Havana, an apartment building at 2295 Southwest 9th Street, 30 -units apartment building. It so happen that Commissioner Sanchez and I share that same district. This is where District 3 and 4 meet, and this morning I asked the City Attorney to draft a resolution. I understand that this is a special Commission meeting, and I understand that it's -- we need 24-hour notice, but this is an emergency. The building was destroyed; 25 families were displaced, and the Red Cross has been very diligent in helping these people, and the owner, and Art, here's the thing. Sometimes we attack slum landlords, but this owner of this building took all the people. Elderly persons, they lost everything, everything, everything -- Chairman Winton: Wow. 15 September 5, 2003 Commissioner Regalado: -- and he paid at the Holiday Inn on LeJeune and 20th Street rooms for them, but the Red Cross is here, and they are taking care of these people. Commissioner Sanchez has some ideas about this, and we had also ideas. We both communicated to the City Attorney, and we have a resolution that I wish that you all support, and we'd like to also hear from the Red Cross; members are here, and these people are in dire need, and they need the support of the City. Chairman Winton: Mr. -- I'm sorry. Mr. City Attorney, would you -- ? Alejandro Vilarello (City Attorney): Mr. Chairman, as Commissioner Regalado correctly pointed out, this is a special Commission meeting, and only those items that are on a special call of the Commission meeting can be considered. For obvious reasons, it was impossible to notify about this 24 hours before this meeting because the emergency didn't take place until this morning. I just want you to understand that if you do consider this item, it's extraordinary in the context of you have not provided notice to the public that you would be considering this item today. The rule of thumb of 24 hours is a requirement of the Attorney General and should not be avoided lightly. However you wish to consider it, it should be so under these extraordinary circumstances, if you wish to proceed. Commissioner Sanchez: Mr. Chairman -- Chairman Winton: Yes, sir. Commissioner Sanchez: -- just one question for the Attorney. Mr. Attorney, is it so stated in the resolution that it is an extraordinary circumstance? Mr. Vilarello: Yes. I included language in the resolution that discussed exactly the fact that the event -- the emergency or the fire took place this morning, and that those circumstances would -- basically, that the City Commission would have provided the 24 hours notice had it been available and they were able to respond to this problem. Commissioner Sanchez: Mr. Chairman, if there's no further discussion, I'd like to read the resolution for the record. Vice Chairman Teele: Before you do. Chairman Winton: Commissioner Teele. Vice Chairman Teele: Mr. Attorney, you know, we have to be real careful about what we're doing now, and there's got to be -- you know, there's got to be a way, legally, to do what it is we're purporting to do now, which you and I know is well beyond the bounds of what is normally accepted as being proper. I would recommend to the Chairman, unless you disagree, that the first motion be offered, as a motion by Commissioner Regalado, to extend and take up this item under extraordinary circumstances so that there's at least a record. I know there's a record in the resolution, but I think you need a procedural record, based upon the testimony that he's placed here, which, you know, obviously, I'm going to fully support, but I just think you 16 September 5, 2003 need some enabling -- and further, that any action taken on this item will be subject to a ratification at a later Commission meeting, if required -- if determined to be legally required. Mr. Vilarello: Certainly would have no objection to that. That would be helpful to create the record that way. Chairman Winton: Well -- and I have another question, by the way. Doesn't the City Manager have the authority to do something like this on his own as an emergency of the City, and bring it back to this Commission for ratification at a regular Commission meeting? Mr. Vilarello: This is extraordinary relief. The Manager has spending levels that authorize him to expend these kinds of dollars, but they are donations. It is a donation, and -- Chairman Winton: But doesn't he have that authority? Mr. Vilarello: He does, but you've not been able to direct him to do this, and you wouldn't be able to direct him to do this at this meeting. Vice Chairman Teele: You can't put him in a box. Chairman Winton: No, we wouldn't -- exactly, so we wouldn't be directing, but -- and we're not directing him, but -- Commissioner Regalado: But it's, indeed, an extraordinary circumstance because -- Commissioner Sanchez: Twenty-five families -- Commissioner Regalado: -- and before -- Commissioner Sanchez: -- are homeless today. Chairman Winton: No. We all agree with that. Mr. Vilarello: Mr. Chairman -- Commissioner Regalado: Yeah, but before, let us hear from the Red Cross, because what this money is going to be used is for clothing. These people do not have anything, at all. I have pictures of this group of persons, and -- Chairman Winton: No, we believe it. We don't -- Commissioner Regalado: --you know, they're in pajamas. I mean, they don't -- Chairman Winton: Yeah. 17 September 5, 2003 Commissioner Regalado: -- have anything, at all, so I -- Mr. Chairman, with your permission, I would like to have someone from the Red Cross to come and tell us, first, the need, and what they're going to do. Chairman Winton: Well, before they get here, I want to resolve this procedural issue here because we're in the same -- Vice Chairman Teele: See, the procedural issue is not the motion. The procedural issue is we are not obliged not to take up any items -- and I mean -- unless it has 24-hour notice. That -- which means we can't not just act on it; we can't take it up. What I'm trying to say, procedurally, is I support it, but let's at least have a record that says we're extending the call to this item on this extraordinary basis; that's all that I'm saying, then -- Commissioner Regalado: Yeah -- Vice Chairman Teele: -- you can talk -- Commissioner Regalado: -- and my motion is that, that we're extending the items on this special Commission meeting to discuss the -- Chairman Winton: A very extraordinary -- Commissioner Regalado: -- an extraordinary circumstance, a fire in an apartment building in Little Havana. Chairman Winton: OK. Need a second. Commissioner Sanchez: Second. Commissioner Gonzalez: Second. Chairman Winton: Got a motion and a second. Mr. City Attorney. Commissioner Sanchez: All right. Mr. Vilarello: The -- you asked with regard to the Manager's authority. Both Commissioners are offering dollars from their own budgets to fund this, so I don't think -- Chairman Winton: OK. Mr. Vilarello: -- the Manager would have that -- Chairman Winton: No, but this motion, is this -- Mr. Vilarello: This motion is appropriate. 18 September 5, 2003 Chairman Winton: OK, so we have a motion and a second. No further discussion. All in favor, aye. 11 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. 03-914 A MOTION EXTENDING THE CALL OF TODAY'S SPECIAL COMMISSION MEETING, AS AN EMERGENCY MEASURE, WITHOUT 24-HOUR NOTICE, IN ORDER TO ADDRESS EXTRAORDINARY CIRCUMSTANCES CREATED BY A FIRE WHICH TOOK PLACE THIS MORNING AT 2295 S.W. 9 STREET, IN LITTLE HAVANA, WHICH FIRE DAMAGE ON SAID PROPERTY DISPLACED 25 FAMILIES; FURTHER STIPULATING THAT ANY ACTION TAKEN ON THIS ITEM WILL BE SUBJECT TO RATIFICATION AT A LATER COMMISSION MEETING IF DETERMINED TO BE LEGALLY REQUIRED. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Commissioner Sanchez: Could the City Attorney read the resolution into the record? The resolution was read by title into the public record by the City Attorney. Commissioner Gonzalez: So moved. Commissioner Sanchez: No, no, we've already voted on it. It was just for -- let me just state -- Commissioner Regalado: No. We already -- we need to vote. Vice Chairman Gonzalez: No, we didn't vote on this. 19 September 5, 2003 Chairman Winton: No. We didn't vote on this motion. We voted on -- Commissioner Regalado: -- to move. You move it; I'll second. Chairman Winton: Yeah, yeah. You -- Commissioner Sanchez: OK, so moved. Commissioner Regalado: I'll second, but if -- we have the lady from -- Chairman Winton: Yeah. Commissioner Regalado: -- the Red Cross. Marielena Villamil: Good afternoon, gentlemen. My name is Marielena Villamil, and I'm a board member of the American Red Cross. The real people that do the work are sitting behind me, Berta Rios, Annette Barket, and Anne Werner. As you know, as they stated, at 3 o'clock in the morning, the fire occurred. At 4 o'clock in the morning, the Fire Department of the City of Miami called the American Red Cross, and thank God that we don't have a 24-hour rule; that we were able to dispatch right away for a crisis in your city, and as you said, Commissioner Regalado, thank you so much for offering your money, and Commissioner Sanchez for offering your money. The 25 families are located now in a Holiday Inn, and the American Red Cross estimates that it'll cost us about $52,000, or a little bit more, to help these families in the City of Miami, and we established a service center at the hotel, where we're doing the casework person by person, or family by family, to see how the American Red Cross can help, so I want to thank you on behalf of the American Red Cross because we're here to help the whole community, no matter who they are. Commissioner Regalado: The most immediate need is clothing because these people don't have anything. I went by there; they don't have -- Ms. Villamil: Yeah, they're totally homeless and -- Commissioner Regalado: They lost everything, that's the point. Ms. Villamil: Everything. Actually, this morning my girlfriend said, oh, you know, I have to go and help this lady that works with me because she is -- she has no home and her family is out in the open, and she was driving them around, so we're -- they are at the mercy of the community and your city. Chairman Winton: So, if there's anyone who is watching Net -9, who may like to make some additional donation, would you mind putting that information on the record in case there're some generous folks listening to this right now? Ms. Villamil: Oh, I hope there are a lot of generous folks, because you never know who's going to be hit sooner or later. The American Red Cross of Greater Miami and the Keys, the address is 20 September 5, 2003 335 Southwest 27th Avenue, here in your city, in Miami, Florida 33135, and you can call. Let me give you the number, 305-644-1200. Commissioner Regalado: And what this money is going to do is going directly to the Red Cross Relief Disaster fund, and then you'll give them vouchers to go and buy clothing. That's -- Ms. Villamil: Correct. Annette, do you want to come and -- she's the one that works with them, so thank you. Annette Barket: The vouchers that we are -- Chairman Winton: We need your -- Ms. Barket: -- currently -- Commissioner Regalado: Name. Chairman Winton: -- name and address for the record, please. Ms. Barket: Annette Barket, and the address is 9361 Southwest 27th Avenue. Basically, what the vouchers will be doing, we're meeting with each family currently, all 25 families; our caseworkers are writing cash vouchers for clothing, food, shelter, and any emergency medicine that may need to be replaced. There's about six elderly folks, so there is a need for medication. Chairman Winton: OK. Thank you very much, and anyone watching who wants to make a donation to help this -- Commissioner Sanchez: Mr. Chairman, just -- Chairman Winton: -- these 25 families, please contact the American Red Cross. Commissioner Sanchez: Just one -- Chairman Winton: Yes, sir. Commissioner Sanchez: -- brief comment. Let me just say that there's -- being that it's in my district, and I have some tenants that, really, I couldn't praise -- I mean, some landowners who I could not praise. Let me just say that the owner of this property and the management team has done a tremendous -- they were out there; they took these people to a Holiday Inn. Today, when I spoke to him, he was making arrangements to feed them and stuff. I mean, I welcome more landowners into my district, and I encourage them to be in your district, you know, because they have a big heart and they took care of their tenants, and that's -- Chairman Winton: That's great. Commissioner Sanchez: -- something that I think he should be praised for, so thank you. 21 September 5, 2003 Chairman Winton: Good. OK. Commissioner Regalado: We need to vote -- Chairman Winton: Oh, we do. OK. Commissioner Regalado: -- and we need know when are they going to get the check. Chairman Winton: Mr. City Manager, when could they count on receiving the check? I hope not through our regular payment process, 90 -- Joe Arriola (City Manager): I'll hand carry it. Commissioner Gonzalez: It'll be there by then. Mr. Arriola: No, no, no. I'll make sure they get it by Monday. Is that good enough? Commissioner Regalado: Monday. Chairman Winton: OK, great. We have a motion and a second on the resolution. It's been read into the record. Any further discussion? If not, 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. 03-915 A RESOLUTION OF THE MIAMI COMMISSION APPROVING THE DONATION OF FUNDS, IN A TOTAL AMOUNT NOT TO EXCEED $10,000, TO THE AMERICAN RED CROSS OF GREATER MIAMI AND THE KEYS TO ASSIST APPROXIMATELY 25 FAMILIES DISPLACED BY AN APARTMENT BUILDING FIRE ON THIS DATE AT 2295 SOUTHWEST 9TH STREET, MIAMI, FLORIDA; FURTHER ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED AMOUNT $5,000 FROM DISTRICT 3 OFFICE BUDGET ACCOUNT NO. 001000.920918.6.930, AND FUNDS, IN AN AMOUNT NOT TO EXCEED $5,000, FROM THE OFFICE BUDGET OF DISTRICT 4. 22 September 5, 2003 Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Commissioner Regalado: Thank you. Commissioner Sanchez: Thank you. 5. MAKE PROVISIONS FOR HOLDING SPECIAL MUNICIPAL ELECTION ON NOVEMBER 4, 2003, FOR PURPOSE OF SUBMITTING TO ELECTORATE REFERENDUM BALLOT QUESTION, BALLOT QUESTION NO. 1: "DO YOU ENDORSE A CONTINUING PARKING SURCHARGE, TO BE COLLECTED BEGINNING OCTOBER 1, 2004, OF FIFTEEN PERCENT CHARGED PER VEHICLE FOR THE SALE, LEASE, OR RENTAL OF SPACE AT PUBLIC PARKING FACILITIES IN MIAMI, EXCEPT AT CERTAIN COUNTY FACILITIES, AIRPORTS, AND SEAPORTS, IF THE PROCEEDS MAY BE USED FOR SUCH PURPOSES AS THE REDUCTION OF FEES AND AD VALOREM TAXES, AND ARE REQUIRED TO BE USED FOR TRANSPORTATION IMPROVEMENTS IN DOWNTOWN OR URBAN CORE AREAS?". Chairman Winton: Item number 4. Mr. Manager, Item number 4. This is the -- Joe Arriola (City Manager): This is the language for the parking surcharge, sir. Chairman Winton: For the public referendum. Mr. Arriola: For the public referendum, yes. Chairman Winton: So, this is the language that's going to go on the ballot -- Mr. Arriola: Well, you have two choices. Chairman Winton: Oh, do we have proposed language? Alejandro Vilarello (City Attorney): Yes. We've handed out, just for the purposes of discussion and we distributed earlier, three different questions. Ultimately, the City Commission makes the determination of exactly how the referendum question will be presented to the voters. We've 23 September 5, 2003 given you three alternatives, with our preference being the first one. However, it'll read the way y'all want it to read. Commissioner Regalado: On number 3, Mr. Chairman, why are you excluding County facilities, airports, and seaport? Mr. Vilarello: There is a state statute, which excludes a County administrative buildings, and this is consistent with that state statute, and the specific language included within the new legislation, which authorized a continuing parking surcharge. Chairman Winton: So, we pick one of these three, whichever one we think would sell the best, is that what you're ask -- suggesting? Mr. Vilarello: One of these three or a combination, or alternative of any of the three. Commissioner Regalado: Yeah, but I have a question. In three years, the (UNINTELLIGIBLE) will be done. Some of the -- Chairman Winton: We hope. Commissioner Regalado: -- parking areas of the -- that facility will be within the City of Miami. That is a parking that is not consider for travelers, but it may be consider part of an airport, but it's not an airport, so -- Mr. Vilarello: This -- the language of the statute relates to property that is parking garages, which are used for airports, seaports, or County administration buildings. There are currently parking facilities that are used by the airport that are not within the airport, and therefore, we do assess a parking surcharge on them, so it will -- it'll be -- the determination will be as to whether or not the parking facility is within the airport, the seaport -- or the seaport. Chairman Winton: But -- and by the way -- Commissioner Regalado: Yes, but is a heliport an airport? Mr. Vilarello: A heliport is an airport. Commissioner Regalado: So, if they were to build a City of Miami parking structure in Watson Island, we could not charge the surcharge? Mr. Vilarello: If who would build -- if the County would build? This is an exclusion -- Commissioner Regalado: No, no. Mr. Vilarello: -- for the County. Commissioner Regalado: If Off -Street Parking were to build a parking -- 24 September 5, 2003 Chairman Winton: Well, excuse me. Commissioner Regalado: -- structure on Watson Island -- Mr. Vilarello: This is an exemption for a county -run seaport, county -run airport, and -- Chairman Winton: By the way -- Mr. Vilarello: -- County administration buildings. Chairman Winton: -- Commissioner, this -- I think this is an issue -- this question of what's in and what's out is a question for another day. What we need to focus on is what language we want to get on the ballot. You know, the battle over who pays and who doesn't pay, you know, that goes back and forth all the time, and there's -- Commissioner Regalado: Yeah, but -- Chairman Winton: -- so -- Commissioner Regalado: -- you know what? Once you vote on this, it goes to the Clerk of the County, you're lock -- you're going to be -- have to be campaigning for this with the same language. Commissioner Gonzalez: Mr. Chairman, I have a question. Chairman Winton: Yes. Commissioner Gonzalez: OK. On the -- in each and every one of the questions, it says that equal to 15 percent of the charge per vehicle for the sale, lease, or rental of a space of public parking facility in Miami. If the proceeds may be used for such purposes as the reduction of fees and ad valorem taxes, and are required to be used for transportation improvement in downtown or urban core areas. What do you consider urban core areas, Mr. Manager? Chairman Winton: Isn't it in the bill? Isn't that defined in the bill itself? Mr. Vilarello: Yes, and it would be defined by our local Comprehensive Plan. Commissioner Gonzalez: And what is the local Comprehensive Plan? Mr. Vilarello: Currently, it's downtown Miami, but it can be other areas. Commissioner Gonzalez: Pardon me? Mr. Vilarello: Currently, it is downtown Miami, but our local Comprehensive Plan, which the City Commission has control over, can further define other areas within that same definition. 25 September 5, 2003 Chairman Winton: So, the question -- what we really need to deal with is what language we want -- now, frankly, and I will tell you all, from a -- Commissioner Gonzalez: I would suggest we use the first one because, you know, the first one is -- it says, do you endorse a continuing -- Chairman Winton: I agree with you, by the way. Commissioner Gonzalez: -- a continuing. Chairman Winton: Yes, I like that. Commissioner Gonzalez: It's nothing new. It's nothing new that we're proposing. Chairman Winton: Right. Commissioner Gonzalez: It's something that is in effect now, and what people will be approving is just a continuation of something that has been happening for the last three, four years, or whatever. Chairman Winton: How many words are we allowed, 75 -- Mr. Arriola: Seventy-five. Chairman Winton: -- maximum? Mr. Arriola: Seventy-five. Chairman Winton: Yeah, it's too bad there wasn't a way in here to say a reduction from 20 percent, by the way. Commissioner Gonzalez: And a reduction for 20 -- Chairman Winton: Yeah, it seems to me that that'd be a pretty good selling point, you know. Commissioner Gonzalez: We can amend it. Chairman Winton: Yeah. Commissioner Sanchez: Well -- Commissioner Regalado: Well, why would you think that? Chairman Winton: Huh? Don't you think people would like the fact that it's a -- 26 September 5, 2003 Commissioner Gonzalez: Yeah. Chairman Winton: -- that it's being reduced? You know, it's a tax we're imposing on people, and it just shows that, you know, every time we turn around, we're working at reducing fees and taxes that government charges people. Here's another example of it. I mean, that's my thought. Maybe it's not -- Commissioner Gonzalez: Just say -- Chairman Winton: Maybe y'all don't -- if it's not valid. Commissioner Gonzalez: Do you -- Mr. Vilarello: Mr. Chairman. Chairman Winton: Yes. Mr. Vilarello: If you notice the language carefully says, continue a parking surcharge to be collected, beginning in October of 2004. The reason it says that language is because this is actually a new statute. We previously collected the parking surcharge under a different statute, and therefore, we're specifically identifying the continuation of the parking surcharge, but it's under a new statute, and if you then add the language of reduction, you're not reducing it because it's a new statute. The new statute limits you to 15 percent. Chairman Winton: Well, the public doesn't get any of that. I mean -- Commissioner Sanchez: But -- Chairman Winton: You know, that's us technical stuff. The public isn't going to -- Mr. Vilarello: I'm trying to talk to you. Commissioner Sanchez: Mr. Chairman. Chairman Winton: The public is not going to -- they don't know the difference. They don't care whether it's a new statute, or an old statute, or a turned up and down statute. Commissioner Regalado: Hello. Chairman Winton: Yes, sir, Commissioner Sanchez, and then Commissioner -- Commissioner Sanchez: Mr. Chairman, after reviewing the three proposed language for the ballot, one seems to be the simplest. In other words, it's comprehensible. Three, I do like where it states that charge per vehicle for sale, lease, or rental, or space, and general public parking facilities when the City except at the airport, seaport, and certain County facilities, and the simple reason why is because a lot of the people -- you know, once again, we're going to have to 27 September 5, 2003 out and campaign and say that eighty -some percent of the people that are paying this are people that don't live in the City, but then again, they're utilizing all our services, and that is one of the things that -- one of the things in the language that makes it sellable, more sellable to the voters, but you know, I'm prepared -- whatever the wish of the Commission may be, I'm prepare to move one, and if we can't come to an agreement with one, I'm prepared to move three until we come to an agreement. Chairman Winton: No. I like one the best, also, by the way. Commissioner Sanchez: OK. That's what we need to get. Commissioner Gonzalez: What about -- Chairman Winton: Commissioner -- Commissioner Gonzalez: Can it be added that, do you endorse the reduction and continuing parking surcharge? Chairman Winton: Say that again. Commissioner Gonzalez: Reduction and continue. Chairman Winton: Yeah, reduction. Is there a way to -- Commissioner Sanchez: The problem is -- Mr. Vilarello: No. Commissioner Sanchez: -- keeping it under 75 words. Chairman Winton: Yeah, exactly. Commissioner Regalado, you -- Commissioner Sanchez: That's the biggest problem here. Chairman Winton: -- had something you wanted to say also? Commissioner Gonzalez: You only adding one word, reduction. Commissioner Regalado: Well, just think of me as a voter that has been told that 80 percent of the people that use the parking do not live in the City of Miami, and that we need the parking surcharge so I can have less fees and taxes, and some improvement in the urban areas, whatever those are. I don't think that, from the marketing point of view, you should be telling me that you're going to reduce what you're charging others to benefit me. It's just a continuing, the parking surcharge. I think -- I agree, one is the most simple. The other ones are more complex because it talks of airports, seaports, certain County facilities, and all that. It is very confusing 28 September 5, 2003 because you're going to have to explain. You're going to have to say, in Jackson Memorial Hospital, you're not going to have to pay the surcharge in whatever, whatever, but -- so one -- Chairman Winton: OK. Commissioner Regalado: -- to me is fine. Commissioner Sanchez: Mr. Chairman. Chairman Winton: Well, let's have a motion. Commissioner Sanchez: No, wait. Chairman Winton: Yes. Commissioner Sanchez: Let me just present something. Chairman Winton: OK. Commissioner Sanchez: Number one displays 71 words. If we were to add -- and I'll tell you why it's important to add the "except airport, seaport and certain County facilities" is because -- I mean, people that use these facilities will probably end up supporting it, and if you add those seven words, which are seven words -- one, two, three, four, five, six, seven -- to it, you're looking at 78 words, and then we, or the City Attorney, could basically do away with three words in number one, and I think we would create a more in -- completed, sellable package to the voters. I mean, did you agree to include except the airport, seaport -- ? I mean, we -- people go to cruises. People -- some City -- Chairman Winton: I don't care. Commissioner Sanchez: -- work -- you know — Chairman Winton: I don't feel that strong about any of this. Commissioner Sanchez: all right, I -- I'll tell you what, I'll wait till Commissioner Teele puts his 50 words in. Mr. Vilarello: Commissioner Sanchez. Commissioner Sanchez: Yes. Mr. Vilarello: With the addition of that language, we can drop -- we can find another place to lose three words, so -- Commissioner Sanchez: All we have to do is just lose three words, and then I think we have a more fully sellable referendum question. 29 September 5, 2003 Chairman Winton: OK, so do we have a -- do we need a motion on the -- on accepting -- Mr. Vilarello: Yes, you do. Chairman Winton: -- modified number one? Commissioner Regalado: I'll move one. Chairman Winton: You'll move -- Mr. Vilarello: Let me read -- Chairman Winton: -- the modified version -- Mr. Vilarello: -- the revised -- Chairman Winton: -- of number one. Commissioner Regalado: Modified version of one. Chairman Winton: OK. Commissioner Gonzalez: Second. Chairman Winton: OK, second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. 30 September 5, 2003 The following resolution was introduced by Commissioner Regalado, who moved for its adoption: RESOLUTION NO. 03-916 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MAKING PROVISIONS FOR HOLDING A SPECIAL MUNICIPAL ELECTION ON NOVEMBER 4, 2003, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE AT SAID ELECTION THE FOLLOWING REFERENDUM BALLOT QUESTION, TO BE KNOWN AS BALLOT QUESTION NO. 1: "DO YOU ENDORSE A CONTINUING PARKING SURCHARGE, TO BE COLLECTED BEGINNING OCTOBER 1, 2004, OF FIFTEEN PERCENT CHARGED PER VEHICLE FOR THE SALE, LEASE, OR RENTAL OF SPACE AT PUBLIC PARKING FACILITIES IN MIAMI, EXCEPT AT CERTAIN COUNTY FACILITIES, AIRPORTS, AND SEAPORTS, IF THE PROCEEDS MAY BE USED FOR SUCH PURPOSES AS THE REDUCTION OF FEES AND AD VALOREM TAXES, AND ARE REQUIRED TO BE USED FOR TRANSPORTATION IMPROVEMENTS IN DOWNTOWN OR URBAN CORE AREAS?"; DESCRIBING THE REGISTRATION BOOKS AND RECORDS MAINTAINED UNDER THE PROVISIONS OF THE GENERAL LAWS OF FLORIDA AND CHAPTER 16 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH THE CITY HAS ADOPTED AND DESIRES TO USE FOR HOLDING SUCH SPECIAL ELECTION; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF SUCH REGISTRATION BOOKS AND RECORDS; AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF THE ADOPTION OF THIS RESOLUTION AND THE PROVISIONS THEREOF PURSUANT TO APPLICABLE LAW; AND DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI- DADE COUNTY, FLORIDA, PURSUANT TO APPLICABLE LAW Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 31 September 5, 2003 Commissioner Sanchez: That's it. You (UNINTELLIGIBLE) accept it -- Mr. Vilarello: Mr. Chairman, for the record, let me go ahead and read the question. Chairman Winton: OK. Mr. Vilarello: "Do you endorse a continuing parking surcharge to be collected, beginning October 1, 2004, of 15 percent charged per vehicle for the sale, lease, or rental of space at public parking facilities in Miami, excepting certain County facilities, airports, and seaports, if the proceeds may be used for such purposes as a reduction of fees and ad -valorem taxes and are required to be used for transportation improvements in downtown or urban core areas?" Commissioner Gonzalez: That's perfect. Commissioner Sanchez: Perfect. Chairman Winton: Wonderful. 6. RECONSIDER RESOLUTION 03-904 WHICH SCHEDULED CHARTER AMENDMENT NO. 2 BEFORE ELECTORATE ON NOVEMBER 4, 2003, RELATED TO COMMISSION SALARIES. RESCIND RESOLUTION NO. 03-904 AND SUBSTITUTE IN LIEU HEREIN RESOLUTION APPROVING, SETTING FORTH AND SUBMITTING TO ELECTORATE AT SPECIAL MUNICIPAL ELECTION HELD ON NOVEMBER 4, 2003, PROPOSED CHARTER AMENDMENT, CHARTER AMENDMENT NO. 2; AMENDING COMPENSATION FOR COMMISSIONERS TO ESTABLISH SALARY INITIALLY EQUAL TO SIXTY PERCENT OF SALARY OF MAYOR ON JULY 16, 2003, WHICH IS $58,200. Chairman Winton: OK. Didn't we -- Mr. City Attorney, didn't we -- didn't I sign a memo that didn't get out in time for the print, but was announced far enough in advance that we added an item on here? Commissioner Gonzalez: Right. Alejandro Vilarello (City Attorney): Yes, sir. With regard to a resolution that was already adopted by the City Commission -- Chairman Winton: Yes. Mr. Vilarello: -- placing on the November ballot the question of salaries for City Commissioners. That was properly or timely noticed as an addition to the special call of the meeting. Chairman Winton: OK, and Commissioner Gonzalez, you wanted to talk about that, is that not correct? 32 September 5, 2003 Commissioner Gonzalez: Yes. Chairman Winton: OK. You are recognized. Commissioner Gonzalez: My concern in this item is that we need to make sure that whatever language we use is language that people can understand, because I remember two years ago, when this was on the ballot, most of the people that I heard saying that they didn't vote in favor of this was because they didn't understand or they were not explain what this was all about, OK. First of all, they didn't know how much the salary was going to be. They didn't know how many hours the Commissioners were going to work, how many days, so actually, I understand that we cannot write a book explaining all the details of this proposition, but in addition to having the question in a way that could be understood by the voters, also we need to work some type of a plan that someone be out there explaining to the public what we're talking about, what this is going to be all about, how much money the Commissioners are going to be making, how many hours they're going to be working, the need for the Commissioners to have salaries, the hours that the Commissioners are presently working, and the reason why sometimes it is impossible for us to be here, even though -- you know, even though we would love to be here all the time, we can't because we need to have other jobs in order to support our families, so you know, we need to work out a plan where these be explained to the voters in details, so we don't go through the same fiasco that we went through last -- two years ago, so that was my concern and that was something that I wanted to discuss. Joe Arriola (City Manager): Commissioner, I have said all along that -- and I said it to all of you -- that I think that I should lead that battle and I'm delighted to lead that battle because I could put a business look -- Vice Chairman Gonzalez: Perspective. Mr. Arriola: -- to this whole thing, and people need to understand the need of this -- from a business point. Chairman Winton: And I've got some other volunteers, by the way. I'll give you a list of names. I've got four or five people who have come to me and said they want to help in anything that's going on, so after this meeting, I'll give you that list. Mr. Arriola: Thank you. Chairman Winton: OK. Commissioner Gonzalez: OK. Commissioner Sanchez: Mr. Chairman. Chairman Winton: Yes, sir. 33 September 5, 2003 Commissioner Sanchez: I really -- you know, to say that this is a hard sell, it's -- you know, we've -- it's been lost in the ballot so many times, I think that, you know, each year that we introduce this -- although, I support it, and I'll tell you, I agree with Commissioner Gonzalez on all the time that we put and effort, and basically the ones that suffer are our families and our businesses, but to create a package that the referendum, I think, will accept and be more sellable, I'll tell you one language that I would like to remove from here, and that is the -- to do away with the automatic cost of living increase. If we could remove that from the language, you know, I think the salary is acceptable. When people are looking at an -- you know, an increase not to exceed five percent, there are so many people out there don't get a raise in their jobs, and maybe that could be just a mechanism that would trigger people voting against it when they realize, you know, $58,000, you know, that's an acceptable salary in some standards, but an automatic five percent raise, and then the language that's there, and if you -- you know, the language state, providing for an annual increase thereafter based on the consumer price index, and providing such annual increase may not exceed five percent, so you're looking at 60 percent; $50,200, and then five percent, and people go, well, how much -- how many percents are they getting, so by scratching that off -- Commissioner Gonzalez: I agree with you. Commissioner Sanchez: --and you know, taking it out, I think they're just going to look at, look, it's 60 percent of what the Mayor is making, which is acceptable, and then 58,000, whether they agree or not, and at the end of the day, you know, it's a referendum question that they're going to vote on, so my suggestion -- and if it requires a vote to scratch it off, I'm prepared to snake it -- is to do away with the automatic cost of living increase in the question. Commissioner Gonzalez: I agree with you. Chairman Winton: Can we change the -- is it -- ? Commissioner Sanchez: Absolutely. Alejandro Vilarello (City Attorney): You would have to rescind the resolution you already adopted and pass this resolution. It would be done all in one -- Chairman Winton: I don't -- Mr. Vilarello: --vote. Chairman Winton: -- disagree with you, at all, Commissioner Sanchez -- Commissioner Sanchez: Well, I'm prepared to -- Chairman Winton: -- so introduce a resolution. 34 September 5, 2003 Commissioner Sanchez: -- to make a motion to rescind the original resolution and amend it with this one, which basically scratches out and does away with the automatic cost of living increase to the language for the referendum. So move. Commissioner Gonzalez: Second. Chairman Winton: We have a motion and a second. Do we have 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 Sanchez, who moved for its adoption: MOTION NO. 03-917 A MOTION TO RECONSIDER RESOLUTION 03-904 WHICH SCHEDULED CHARTER AMENDMENT NO. 2 BEFORE THE ELECTORATE ON NOVEMBER 4, 2003, RELATED TO COMMISSION SALARIES. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Commissioner Gonzalez: We need a motion for the new resolution. Mr. Vilarello: The new language would be part -- would be as follows. Commissioner Gonzalez: Right. Mr. Vilarello: "Shall the City of Miami Charter be amended to set the salary of City Commissioners to be 60 percent of the Mayor's salary, in effect on July 16, 2003, which is $58,200, to be effective immediately?" Commissioner Gonzalez: Move that resolution. 35 September 5, 2003 Mr. Vilarello: That needs to be included in the question, yes. Chairman Winton: OK, so -- Commissioner Sanchez: So moved. Chairman Winton: We have a motion and a second. Commissioner Gonzalez: Second. Chairman Winton: You would like to comment on this, ma'am? Elena Carpenter: Actually, I had a question. Chairman Winton: Name and address for the record. Ms. Carpenter: Elena Carpenter, 2980 McFarlane Road, Suite 204, Coconut Grove, Florida. Good afternoon. I just had a question. You just forfeited the increases in the salary just a minute ago. Chairman Winton: No. Oh, you did? Commissioner Sanchez: (INAUDIBLE) five percent increase. Chairman Winton: Oh, OK. Ms. Carpenter: So, does that mean that should this pass, then it will be $60,000 until it has to be taken back to referendum again? Commissioner Sanchez: 58,200, yes. Ms. Carpenter: But whatever, so then it would have to go back to referendum? Commissioner Gonzalez: Right. Chairman Winton: To be increased again. Ms. Carpenter: I realized that you just passed this, but I was wondering if -- it's going to have taken so long to have created a salary mechanism for Commissioners. Are we not getting into the same $5,000 -a -year situation by causing it to have to go before the people again; whereas, if the premise that you're doing it would hopefully be that those folks that are truly contributing their time in public service should deserve some level of compensation, wouldn't they also deserve to have a modest increase? Commissioner Sanchez: But we're talking from $5,000 to $58,200, and my -- 36 September 5, 2003 Ms. Carpenter: In about forty -some years. Commissioner Sanchez: -- concern is -- and I could see your concern, and I could see the logic in your argument. What I'm concerned with is that just alone with that language with the five percent, and I stated it before -- I mean, just gathering information from people that went out to vote; they're looking at 60 percent, then they're looking at the salary, and then the five percent, and it's confusing. With the five percent, you know, they -- there's a lot of people out there that really work and they haven't gotten raises in a long time, so -- Ms. Carpenter: So, instead of killing it, wouldn't you consider changing it so you don't have to go through this process again? I mean, if you want to -- Commissioner Sanchez: We're not -- Chairman Winton: By the way, we won't -- Commissioner Sanchez: -- killing it. Chairman Winton: -- go through -- Ms. Carpenter: Look at it from a business standpoint, Mr. Administrator, if -- you're going to hire somebody and never have a salary increase. Chairman Winton: I was going to -- Commissioner Sanchez: Well, that's us Commissioners. Chairman Winton: Elena, we won't be going -- Mr. Arriola: Elena. Chairman Winton: -- through it again. Commissioner Sanchez: Yeah. Chairman Winton: We'll be long gone. Something else will have to go through this -- Commissioner Sanchez: Somebody else will have to come along -- Chairman Winton: -- same torture again. Yes, you're absolutely right, and that's going to be -- Ms. Carpenter: Well, I am very -- Chairman Winton: -- 15 years from now. 37 September 5, 2003 Ms. Carpenter: -- hopeful that this will pass this time -- Chairman Winton: Me, too. Ms. Carpenter: -- but then I guess you'll leave it for the next guy to get a raise -- Chairman Winton: Right. Ms. Carpenter: -- huh? Commissioner Sanchez: Yes. Chairman Winton: Exactly. Ms. Carpenter: Thank you. Chairman Winton: Let them get their own raises. Mr. Arriola: Thank you. 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. 38 September 5, 2003 The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-918 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S) RESCINDING RESOLUTION NO. 03-904, ADOPTED JULY 24, 2003, AND SUBSTITUTING IN LIEU THE HEREIN RESOLUTION APPROVING, SETTING FORTH AND SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER AMENDMENT, AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, KNOWN AS CHARTER AMENDMENT NO. 2; AMENDING THE COMPENSATION FOR CITY COMMISSIONERS TO ESTABLISH THE SALARY INITIALLY EQUAL TO SIXTY PERCENT (60%) OF THE SALARY OF THE MAYOR ON JULY 16, 2003, WHICH IS $58,200; CALLING FOR AND PROVIDING THAT CHARTER AMENDMENT NO. 2 WILL BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL MUNICIPAL ELECTION HELD ON NOVEMBER 4, 2003; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER, DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH SPECIAL MUNICIPAL ELECTION; PROVIDING AN EFFECTIVE DATE FOR THIS RESOLUTION. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Mr. Arriola: I have a little statement to make on the efficiency of our Finance Department. The check is on its way for the Red Cross. Commissioner Sanchez: I've heard that before, OK. I've heard the check is in the mail. 39 September 5, 2003 Mr. Arriola: No, no. Commissioner Sanchez: The check is on its way. Mr. Arriola: The check is on its way here, sir. Commissioner Sanchez: We're cutting it right now, as we speak. Mr. Arriola: So, they're writing the check, and they're going -- I've asked them to stay, and we're going to give them the check today so you could present it, Commissioner. Chairman Winton: I mean, there must be an earthquake going on over there -- Mr. Arriola: Yes. Quite a bit. Chairman Winton: -- because the fact that somebody requested -- Mr. Arriola: Quite a bit. Chairman Winton: -- a check and got one in the same day? Mr. Arriola: Yeah. Chairman Winton: I mean, there's shock over there. Mr. Arriola: Yes. Chairman Winton: OK. Meeting adjourned. 40 September 5, 2003 THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 2:09 P.M. Attest: Priscilla A. Thompson CITY CLERK MANUEL A. DIAZ MAYOR 41 September 5, 2003