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HomeMy WebLinkAboutCC 2003-09-11 MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 11th 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 regular session. The meeting was called to order at 9:23 a.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) Vice Chairman 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 September 11, 2003 1. PRESENTATIONS & PROCLAMATIONS 1. GUN SALUTE IN MEMORY OF SEPTEMBER 11, 2001 TERRORIST ATTACK. 2. COMMENDATIONS TO MIAMI POLICE DEPARTMENT: OFFICER MAURICE AUSTIN, OFFICER GEORGE GILL, OFFICER LUIS GONZALEZ, OFFICER KENNETH MCILLWAIN, OFFICER OCTAVIO PIEDRA, OFFICER BARBARA SHAFFNER. 3. COMMENDATIONS TO MIAMI FIRE DEPARTMENT: CHIEF NORBERTI MARTI, JOHN H. COLLIER, COMMUNICATIONS OPERATOR SUPERVISOR CAPTAIN BRUCE OESTREICH, LT. KAREN HAMILTON, LT. KENNETH JEWETT, RICHARD W. WILSON, RANDY L. VEBER, EDGARDO VELEZ, JORGE E. ABASCAL, VICKI L. HARRIS, FAUSTINO DIAZ, FELIX FELICIANO, ENOCH D. CUNNINGHAM. 4. COMMENDATIONS TO CORAL GABLES POLICE DEPARTMENT: SGT. MICHAEL FREVOLA, OFFICER CHRISTOPHER WISE, OFFICER DAVID LEMON, OFFICER WILLIAM BARROW, OFFICER ANDREW CACHINERO, OFFICER ALEX CASTELLO. 5. PROCLAMATION TO TURNER CONSTRUCTION MANAGEMENT COMMENDATIONS FOR BRAVERY. 6. CERTIFICATES OF APPRECIATION TO MIAMI LINUX USERS GROUP: GONZALO PORCEL-QUERO, MARTHA ARRAZOLA, CLAUDIA GRIGORESCU, MARTIN GAIDO, JULIAN ROUSSELOT, OSCAR FERNANDO, JIM GEARY. 7. PROCLAMATION TO STEEL HECTOR AND DAVIS LLP. Vice Chairman Teele: (INAUDIBLE) indicated he'd like to get -- good morning. Ladies and gentlemen, the Chairman -- Chairman Winton has indicated he'd like to get started. We all acknowledge that today is a very special day, and we'd -- I'll ask that you would rise for a brief invocation, followed by the pledge of allegiance to the flag. We'll also be hearing later on from our Mayor and others. Those who are not comfortable standing, please remain seated if you -- if, for some reason -- Invocation and pledge of allegiance to the flag. Chairman Winton: Mr. Mayor, you have some proclamations and comments, I think. Presentations made. 2 September 11, 2003 2. CONSENT AGENDA. Chairman Winton: All right. We might just have the longest agenda in, at least, my four-year history here, so -- Commissioner Sanchez: But under your leadership, we'll probably get out of here by 9. Chairman Winton: I will work very hard at trying to balance the need for everyone saying what they really would like to say and keeping the meeting moving as quickly as I can, and if any of you feel that I'm balancing it too far on quickness, just let me know and I will slow it down, but that said, here we go. I guess, as first order of business, we have to put on the record that there are no mayoral vetoes. Second order of business is approving the minutes of the Planning & Zoning meeting of January 24, '02; need a motion. Commissioner Sanchez: So move. Commissioner Gonzalez: Second. Chairman Winton: Got a motion and a second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Opposed? The motion carries. We've got consent agenda. Anyone -- any comments on individual consent agenda items? Joe Arriola (City Manager): Commissioner. Chairman Winton: Yes, sir. Mr. Arriola: I would like to defer Item 14 and Item 20. Vice Chairman Teele: You're talking about CA. 14? Mr. Arriola: Yes, sir, CA. 14 and CA.20. Chairman Winton: Need a motion to defer 14 and 20. Commissioner Sanchez: So move. Commissioner Regalado: Mr. Chairman -- Chairman Winton: Motion -- Commissioner Regalado: -- I'll second it. Chairman Winton: -- and a second. Discussion. Yes, sir, Commissioner Regalado. 3 September 11, 2003 Commissioner Regalado: I would like to pull for discussion CA. 12. Chairman Winton: And -- so, let's do the motion on -- Vice Chairman Teele: To defer. Chairman Winton: -- deferring CA. 14 and 20. We have a motion and a second. Discussion on that item? Alejandro Vilarello (City Attorney): Is that to September 25? Chairman Winton: Mr. Manager. Mr. Arriola: I don't want to say -- no. Mr. Vilarello: So, it's a withdrawal? It's a request to withdraw the item? Mr. Arriola: Let's withdraw because I'm not too sure I could bring it back by then. Chairman Winton: OK, so we have a motion. Mr. Arriola: To withdraw it. Chairman Winton: We need -- Commissioner Gonzalez: Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Gonzalez: I'd like to pull for discussion CA.20. Chairman Winton: No. Vice Chairman Teele: He's deferring -- Chairman Winton: He's withdrawing. Vice Chairman Teele: -- or withdrawing 20. Commissioner Gonzalez: Oh, he's deferring that? Chairman Winton: Yeah, he's withdrawing 14 and 20. Commissioner Sanchez: And I -- as the maker of the motion, I would accept the amendment, which is to withdraw the item instead of deferring -- 4 September 11, 2003 Chairman Winton: 14 and 20. Commissioner Sanchez: -- the item. Need a second. Chairman Winton: And maker of the second. I think that was you, Commissioner Gonzalez. Didn't you make a second? Commissioner Gonzalez: Yeah, I second. Chairman Winton: OK, so any further discussion on withdrawal of 14 -- CA. 14 and CA.20? If not, 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. 03-919 A MOTION TO WITHDRAW: • PROPOSED ACCEPTANCE OF BIDS OF BOUND TREE MEDICAL, INC. AND AERO PRODUCTS CORP. D/B/A AMERICAN LA FRANCE MEDICMASTER FOR PROCUREMENT OF MEDICAL DEIGICARE BARRIERMAX AND FRONTLINE EXAMINATION GLOVES, FOR DEPARTMENT OF FIRE RESCUE; AND • PROPOSED FUNDING OF STOP ACTIVE VANDALISM EVERYWHERE (S.A.V.E) PROGRAM TO ASSIST WITH EXPENSES RELATED TO OPERATION OF THE PROGRAM. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Chairman Winton: Now -- 5 September 11, 2003 Commissioner Sanchez: Now, for discussion -- Chairman Winton: -- Commissioner Regalado, you wanted to pull CA. 12 for discussion; is that correct? Commissioner Regalado: Yes. Commissioner Sanchez: I would also pull for discussion CA.31. Chairman Winton: So, CA. 12 and 31 for discussion. Let's go to 12. Commissioner Sanchez: You had one that you wanted to discuss? Chairman Winton: No, he -- it was 20 he was focused on. Commissioner Gonzalez: No. I was -- Commissioner Sanchez: Oh. Chairman Winton: So -- Commissioner Gonzalez: -- 20. Chairman Winton: -- Mr. Manager, could you have -- let's do CA. 12. You want to discuss that right now, Commissioner Regalado? I'd just soon get it out of the way. Commissioner Regalado: Yeah, sure -- Mr. Arriola: Yeah. Commissioner Regalado: -- if you want. Chairman Winton: Someone here to discuss CA. 12? Mr. Arriola: We're ready. Chairman Winton: OK. Mr. Arriola: He's back there. I'll bring him out, Glenn Marcos. Chairman Winton: Commissioner Regalado -- Commissioner Regalado: I -- Chairman Winton: -- you're recognized. 6 September 11, 2003 Commissioner Regalado: -- have some questions on CA. 12, and after the Cone of Silence was lifted, we got some information from one of the firms that bid on this, and I just want to understand, there are only two local vendors; Mr. Balado and Mr. Rodney Barreto for tires, but there are one, two, three, four nonlocal vendors. My first question is, how did you decide to buy tires? I mean, you can buy all the tires from one vendor, or some of the tires from other vendors. I do not understand this kind of explanation that I was given here. Glenn Marcos: Good morning, Commissioner Regalado. Glenn Marcos, Purchasing Director. I'll be happy to answer your question on CA. 12. The method of award for this particular bid was on an item -by -item basis, and therefore, the lowest responsive and responsible bidder per item was awarded this particular contract, and therefore, you do have in front of you the recommendation to award this actual contract to six different bidders; two of them are local; four of them are nonlocal. We do have local participation, and I'm happy to see that, and at the same time, we're getting the best prices on a per item basis. Commissioner Regalado: I still -- so, you'll be buying some tires from a nonlocal vendor; other tires from another nonlocal vendor, and the rest of the tires, but then -- Mr. Marcos: It all depends on -- Commissioner Regalado: It all depends on -- Mr. Marcos: -- the car, on the vehicle, and what type of tires that car requires, and -- Commissioner Regalado: My point is only the local vendors. I mean, you know, whether Mr. Barreto or Balado, but how do we know that most of the money is going to go to the local vendors? Mr. Marcos: Well -- Commissioner Regalado: We don't. Mr. Marcos: We don't know that. We only know that if we do require those tires to go on a particular vehicle, then that particular bidder -- or vendor will be called to service the City, and at the same time, the City is getting it at the best cost. Commissioner Regalado: Well, that's what you said, but we don't know, so -- Mr. Marcos: No, we do know that. We know it be -- Commissioner Regalado: Then you know how much -- Mr. Marcos: No. What I'm saying is that it is -- Commissioner Regalado: -- you'll be spending -- 7 September 11, 2003 Mr. Marcos: --at the best cost -- I'm sorry. I am saying that it is at the best cost because we know for a fact that for that particular tire, it is the lowest price. Commissioner Regalado: Yeah, and that's correct, but if you know how many vehicles the Police Department has, you should have an idea of how much money you'll be spending, and my problem is suppose that a nonlocal vendor will be selling you all the tires for the police cars; that nonlocal vendor would get the lion's share of those -- almost a million dollars here; 330,000 and 340,000. Third year, $300,000. Almost a million dollars, so my point is that we should know first. Mr. Marcos: As far as the actual money question that you're asking about to see how much will go to local versus nonlocal, well, Commissioner Regalado, as you can see -- as part of the actual tabulation sheet, you would see that there are estimated quantities involved there. Now, they're estimated because of the fact that from year to year, that does vary, so we don't want to say upfront that we're committing to a hundred tires when we truly don't know. We know for a fact that, in the past, it comes close to one hundred tires, so if you do look at the tabulation sheet, it does show estimated quantities involved, so we do, somewhat, have a feeling for how much will go towards local versus nonlocal. It's -- Commissioner Regalado: So, what's the feeling? Mr. Marcos: -- just -- it's not an accurate -- Chairman Winton: Well -- Mr. Marcos: -- figure. Chairman Winton: -- but give him the estimate. Commissioner Regalado: So, what's the feeling? Chairman Winton: I mean, this -- Commissioner Regalado: You just said that you didn't know. Mr. Marcos: Well, we don't -- Chairman Winton: OK. Mr. Marcos: -- precisely know, but -- Chairman Winton: Well, he didn't ask you -- Mr. Marcos: -- there is some estimation there. 8 September 11, 2003 Chairman Winton: Excuse me. He didn't ask you precisely. Come on, guys; this isn't that hard. You've got an estimate here; don't dance around it. You've got an estimate, give him the estimate. If you need a few minutes to go do the tabulation, take the few minutes, do the tabulation; come back and give him an answer. Mr. Marcos: Commissioner Winton, I will be glad to do that. Chairman Winton: Thank you. Commissioner Regalado: Yeah. OK. Chairman Winton: No dancing around. Commissioner Regalado: We'll do it -- Chairman Winton: OK. Commissioner Regalado: We'll do it at -- Chairman Winton: We'll -- I'll bring -- Commissioner Regalado: --2:30 a.m. Chairman Winton: I'm hoping that we're not here at 2:30 by the way. Mr. Marcos: Is there any -- Chairman Winton: Would you please -- Mr. Marcos: -- other questions? Sure. Chairman Winton: -- go do the calculation and come back? Is that your -- is that the -- Commissioner Regalado: Yeah. Chairman Winton: That's the question, right? Commissioner Regalado: Yeah. Chairman Winton: OK. Thank you. Commissioner Gonzalez: May I? Chairman Winton: Yes, sir. 9 September 11, 2003 Commissioner Gonzalez: Yes. I -- you know, my only concern is that we may be getting a lower price from the nonlocal vendors, but what kind of benefits it's getting the City of Miami as far as jobs, as far as taxes, as far as licenses and -- what kind of benefits? Because we're only looking at maybe saving $0.50 in a tire, or $0.25 in a tire, or $0.10 in a tire, but what benefit is the City of Miami and the residents of the City of Miami getting from these nonlocal vendors? Chairman Winton: But don't you have -- Chairman Winton: We have -- Chairman Winton: I'm sorry. Go ahead. Commissioner Gonzalez: You know, we have local vendors that pay taxes in the City of Miami; that employ people in the City of Miami; that pay licenses to the City of Miami, OK, and that is something that needs to be considered in the future, Mr. Manager -- Chairman Winton: Well -- Commissioner Gonzalez: -- because, you know -- Chairman Winton: -- I think you have to look at our purchasing ordinance. Isn't -- don't we have specific guidelines relative to this issue? I mean, this isn't something that y'all just made up. I mean, there's been a -- there's a set of guidelines tied to how purchasing works that -- and I understand exactly what he's saying, and we all, philosophically, agree with it, but the way, if I'm -- if I think I understand this correctly, the way that the process works, is that there is a local vendor -- Mr. Vilarello: Preference. Chairman Winton: -- preference, but that preference just simply says -- restate it for me, so I make sure we get it right. Mr. Vilarello: Perhaps, Glenn can give you the specifics, but if a local vendor is within a -- Chairman Winton: Ten percent. Mr. Vilarello: -- percentage -- Mr. Arriola: Ten percent of the local bid. Mr. Vilarello: -- ten percent of the other bid, then the local vendor can provide it at that price. Mr. Marcos: Can I -- Chairman Winton: Can match that lowest bid. 10 September 11, 2003 Mr. Marcos: That is correct. Commissioner Regalado: Mr. Chairman, my point here is that we have two local vendors, Balado and (UNINTELLIGIBLE) Trading, so they're local; they pay taxes. They have outlets in the City of Miami. All I want to do now is how much, approximately, within the guidelines, we'll be spending. Chairman Winton: Right, right. Mr. Arriola: How come -- Commissioner Regalado: I think this -- Chairman Winton: And then -- Commissioner Regalado: -- is too complicated -- Chairman Winton: We're -- Commissioner Regalado: -- for you. Chairman Winton: They're -- Commissioner Regalado: Let's bring it in the meeting. Chairman Winton: Yeah. No. They're going to get that answer. He's got that answer, so he's going to bring it back. Mr. Marcos: I can -- Commissioner Regalado: He said he didn't. Chairman Winton: No, no. He said he's got to -- no, he did. He said -- Mr. Marcos: We can go -- Commissioner Regalado: He said he didn't know. Chairman Winton: I know he originally said that, but we established, afterwards, that he can give a rough estimate, and so we sent him off to do the rough estimate, which he's going to come back with us. OK. Commissioner Regalado: OK. Mr. Marcos: As far as the local preference, the City Attorney is correct in that. On the fact that if there is a low bid and that bidder is a nonlocal vendor, the actual local vendor, if their low bid - 11 September 11, 2003 - actually, if their bid price falls within ten percent, they are allowed to match. As a matter of fact, I can tell you that that kicked in for several items within this particular bid, and that's how these two local vendors ended up getting these items. Chairman Winton: But what we -- Mr. Marcos: Also -- Chairman Winton: -- don't do is accept a local bid that's higher than the other bids just because they're local. Commissioner Gonzalez: Right. Chairman Winton: OK, so any other questions, Commissioner Regalado? I mean, Commissioner Gonzalez? Commissioner Gonzalez: No, that's it. Chairman Winton: OK. Thank you. All right. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: I'd like to move to reconsider CA.6, please, for discussion. Chairman Winton: Need a second to reconsider CA.6. Commissioner Regalado: Second. Mr. Vilarello: Need to reconsid -- Priscilla A. Thompson (City Clerk): We -- Mr. Vilarello: Is the consent agenda approved? Ms. Thompson: No. We haven't had a motion -- Chairman Winton: No, we haven't moved it, yet. Ms. Thompson: -- a vote, or anything. Chairman Winton: Oh, OK, so we don't need a motion. Commissioner Sanchez: That's it. 12 September 11, 2003 Chairman Winton: We can just -- we can -- Mr. Vilarello: Haven't passed it. Chairman Winton: -- so, Mr. Manager, we'd like to take up CA.6. Vice Chairman Teele: Mr. Chairman, Mr. Manager, and Mr. Attorney, I'm -- I've been given a note from my staff, someone who has filed a bid protest, or what appears to be a bid protest. I was unaware of it. Mr. Arriola: Neither was I. Vice Chairman Teele: They -- my office was told, because there is a cone of silence -- Mr. Attorney, I need your cooperation. Mr. Vilarello: Yes, sir. I'm paying attention. Vice Chairman Teele: Because there's a cone of silence, they cannot communicate, so they have not been able to communicate until today, and they're rushing in here to say -- in effect, the people told me that when Mr. Jackson leaves, I will not get any more work from Public Works. They're the same people who are steering the project and giving it to their friends, LNC. I'm the legitimate winner. My win shocked the project manager because he had already set the bid for LNC Engineering. They -- you know, and on and on and on. I don't want to get into a bid protest here. What I'd like to do is ask that the Manager and the Attorney bring this back to the next meeting, but there -- a cone of silence, in no way, can preclude a legitimate bid protest; is that correct? Mr. Vilarello: No. There's a process for submitting a bid protest, and the Cone of Silence does not impair that. Vice Chairman Teele: Well, my office was told that they could not have any conversations with the gentleman, and they did not until this morning, when it was put on the agenda, and it would seem to me that anyone should be able to file a bid protest. I do not want to get into a discussion today because we have a long agenda. I would like for the Manager and the Attorney to take it under advisement and to return it back, and whatever it is, it is, but I would also note that the bidder appears to be a City of Miami bidder, which is consistent with the Mayor's State of the City; that we were going to give preference to City of Miami bidders. Mr. Vilarello: So, this matter is to be deferred to the 25th. Vice Chairman Teele: I would move that the matter be deferred to the next meeting. Chairman Winton: OK. We have a motion. Mr. Vilarello: September 25. 13 September 11, 2003 Chairman Winton: Need a second. Commissioner Gonzalez: Second. Commissioner Regalado: 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 Vice Chairman Teele, who moved for its adoption: MOTION NO. 03-920 A MOTION TO DEFER TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR SEPTEMBER 25, 2003, PROPOSED ACCEPTANCE OF BID OF LNC ENGINEERING CONTRACTORS, INC., FOR THE PROJECT ENTITLED "FERN ISLE CLEAN-UP PROJECT", B -4670A, IN THE AMOUNT OF $618,800.; FURTHER INSTRUCTING THE CITY MANAGER AND CITY ATTORNEY TO TAKE INTO ADVISEMENT POSSIBLE BID PROTEST RECEIVED IN COMMISSIONER TEELE'S OFFICE IN RELATION TO SAID BID. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Chairman Winton: Any other -- Commissioner Sanchez: CA.31, Mr. Chairman. Chairman Winton: Oh, CA.31. I'm sorry. Commissioner Sanchez: CA.31 is a consent agenda accepting the recommendation of the City Manager to extend the services of KPMG (Klynveld, Peat, Marwick, Goerdeler) for three more 14 September 11, 2003 years. I would like to recommend that the Commission consider a policy initiative that would require a periodic rotation of external auditors, and let me just say why. You know, the lack of periodic rotations of external auditors contributed immensely to the recent well publicized accounting scandals in companies, such an Enron and MCI (Microwave Communications, Inc.), and I truly believe that this process, which would create not only another safeguard for the financial integrity of the City, but it would also serve the City in its best interest, so what I'm going to ask is that the -- that this item be deferred, and I would ask that the City Manager or the City Attorney bring back the financial integrity ordinance to amend it so we could implement a periodic rotation of external auditors to our service. Vice Chairman Teele: Second the motion for discussion. Chairman Winton: Motion, second. Discussion. Yes, sir. Vice Chairman Teele: Mr. Chairman, I'm keenly aware that the City has filed a lawsuit in the past against one of the big 8, which is now one of the big 5, which is now one of the big 3 or 4, and the pool is getting smaller and smaller, and the cost goes up, especially once you sue, but I want to share the concern that Commissioner Sanchez has raised for a different reason. I think it's healthy to rotate the auditors. I am particularly concerned that the firm in the connection with some of the other operating entities is auditing all entities, and I think that is a grievous conflict. I do not think that the firm that is doing the books for the CRA (Community Redevelopment Agency), in particular, should be doing the -- because what happens is that they are just too many issues that don't tie back in, and when they do -- they don't even start on the other entities audits until after they do the City audits, and then the books are closed, and so I'm not opposed to KPMG, at all. In fact, I think they've done a satisfactory job, as far as I know, but I do think the principle of rotation that Commissioner Sanchez is advocating is a solid principle, and I also think that we need to stop this view that the firm for the City has all of the related and affiliated agencies. To the contrary, I think that should not be the case, and so I would like to see maybe -- that out of this bid, maybe there are two firms that or three firms that can come up; one for the City and one for the affiliated agencies. We have the same thing with the Model City Revitalization Trust. I think the City should hire those firms. I don't think the Model City Trust, or the CRA, or any of these affiliated entities that are subordinate to the CRA, MSEA (Miami Sports and Exhibition Authority), should hire their own firms. I think they should be hired by the City for the purpose of doing those audits, but I don't think they should be the same firms. That's -- so, I'm -- I hope I'm trying to make some middle ground here, but I agree completely with Commissioner Sanchez' philosophy. Commissioner Sanchez: Now, what we could also do is maybe just award this for one year, as we start the process to amend the financial integrity ordinance to implement this language of creating a periodic rotation -- Vice Chairman Teele: I'd rather see them -- Commissioner Sanchez: --of external auditor. Vice Chairman Teele: -- consider the discussion and bring it back at the next meeting. 15 September 11, 2003 Chairman Winton: Right, which is your original motion. Commissioner Sanchez: OK, so move. Vice Chairman Teele: It's a second. Chairman Winton: So, any other discussion on this item, which, by the way, I echo both Commissioner Teele and Commissioner Sanchez comments, so -- Mr. Marcos: Commissioner Winton -- I'm sorry, it's -- Chairman Winton: Oh, yes, sir. Mr. Marcos: Just for the record, just want to state that the actual request for proposal allows for other departments and agencies within the City of Miami to use this particular request for proposal. Vice Chairman Teele: And that's the point I'm against. You didn't hear what I'm saying. Mr. Marcos: I understand. Vice Chairman Teele: That is adamantly the point that I'm against. It has not worked in the past. It creates a potential for conflict. If the external auditor goes through the books of the City, they close it out, and then they start auditing other entities, and they find an error, then they're in a position and they say, "Well, we've already closed it out." Mr. Marcos: But what I'm saying is is that if the Commission wishes to go to a particular rotation basis, that there is a clause within the RFP (Request for Proposals) that allows for outside agencies to use this particular RFP. Chairman Winton: So, they've just made the RFP modifiable so that -- I think he's saying, just so I'm clear on this -- that the RFP is written such that it can do exactly what you're suggesting. Mr. Marcos: That's -- Chairman Winton: Is that what you're saying? Mr. Marcos: -- exactly correct. Vice Chairman Teele: Not if we don't award it that way, Mr. Attorney. Mr. Marcos: Well, not if you don't award it that way. Vice Chairman Teele: Mr. -- hold it. Mr. Attorney, if we don't -- can we do that, if we don't award it that way? 16 September 11, 2003 Mr. Vilarello: At this point, I believe there's only one firm that's recommended. I think what you're suggesting, Commissioner Teele, is that we have a number of firms -- Chairman Winton: Absolutely. Mr. Vilarello: -- and then you address it the way the procurement office is suggesting, that you - - different departments or different agencies could use different firms from the one the City's using. Mr. Marcos: That's correct, because if the provision was not there, then it -- it wouldn't be able to -- we couldn't have the actual outside agencies used. Vice Chairman Teele: And my point is, if we award it to one firm right now, that book is closed; you can't go back and do that then -- Chairman Winton: Yeah. Bring -- Vice Chairman Teele: -- so that gives the Manager the opportunity now to take the comments of the Commission -- Commissioner Sanchez: Yeah. Vice Chairman Teele: -- and to come back with a modified recommendation, if he chooses to. Chairman Winton: So, we have a motion and a second on the table. This -- Commissioner Sanchez: And -- that requires another motion. Chairman Winton: Mr. Manager, you'll bring something back within -- at the next meeting or the meeting after that. Commissioner Sanchez: Yeah, but -- Chairman Winton: Any further discussion on this item? Commissioner Sanchez: Mr. Chairman, just on that. Make sure that the City Attorney bring back an ordinance -- Mr. Vilarello: An ordinance. Commissioner Sanchez: -- amending the financial integrity ordinance to put language in for periodic -- Chairman Winton: Rotation. 17 September 11, 2003 Commissioner Sanchez: -- rotation of the external audit, because if we don't have that language in the -- Chairman Winton: Right. Commissioner Sanchez: -- financial integrity ordinance, then, you know, the dog doesn't have any teeth. Chairman Winton: And then y'all have to think about, rationally, what the sequencing of that rotation is -- Mr. Vilarello: Exactly. Chairman Winton: -- and there's some question about it. Vice Chairman Teele: I didn't want to debate that point because I don't disagree with it, but I do think there is a point. Any time you go out for a bid, you're rotating, OK. Commissioner Sanchez: Yeah, but every year the same company gets it, Commissioner. Vice Chairman Teele: Well -- Commissioner Sanchez: That's the problem. Vice Chairman Teele: -- to my knowledge, this firm was awarded the bid three years ago, two years ago -- two years ago, but the point is this. When you say rotate something, it's different from bidding something, and I don't necessarily agree that we ought to rotate, per se. I think we ought to bid it, per se. If you rotate it, then basically, what you're saying is, without regard to who the next bidder is, without regard to the price, you're obliged to get rid of the incumbent, and the problem is -- how many big 8 firms are there now? Scott Simpson: Scott Simpson, Finance Department. Of the big 8, as there used to be, there are only two firms that still do governmental work; would be KPMG and RCL. Chairman Winton: Wow. Vice Chairman Teele: See, so you're down now to -- and if you put yourself in a box where you're going to rotate, then the prices are just going to go straight through the roof. Chairman Winton: Wow. Vice Chairman Teele: I mean, with eight firms, you had a bid. With two firms -- I thought it was three, but with two firms, you're basically -- Chairman Winton: I thought it was. 18 September 11, 2003 Vice Chairman Teele: -- opening the door, and filing a lawsuit against one -- one of the other firms doesn't help us either because that's sort of like an insurance thing. That's -- Commissioner Sanchez: That's because -- Vice Chairman Teele: -- like having an accident. Commissioner Sanchez: -- all the other firms have bought -- you know, the two firms have bought the other firms and there's no competition, but listen, for the integrity, for the integrity, and to make sure that we add safeguard, and we don't end up being an Enron, or MCI, or big company, it just -- it adds a safeguard, and I think it -- by implementing that in a language, whether it's two companies and we have to go back and forth, it's just -- you know, it really -- there is room for transparency and better accounting for our government. Chairman Winton: Well, the City Attorney is going to bring that language back; we'll debate the issue -- Vice Chairman Teele: We could debate that language. Chairman Winton: -- when it comes back, right? OK, so any further discussion on -- what are we, deferring or withdrawing 31? Vice Chairman Teele: Deferring it -- Commissioner Sanchez: Deferring it. Vice Chairman Teele: I mean, you're deferring it. Chairman Winton: We're deferring it, so any further discussion on deferring Item 31 -- CA.31? If not, 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. 03-921 A MOTION TO DEFER CONSIDERATION OF A PROFESSIONAL SERVICES AGREEMENT WITH KPMG, LLP TO PROVIDE EXTERNAL AUDITING SERVICES FOR THE CITY OF MIAMI; FURTHER DIRECTING THE CITY MANAGER AND CITY ATTORNEY TO BRING BACK THE A PROPOSED AMENDMENT TO FINANCIAL INTEGRITY ORDINANCE TO PROVIDE FOR PERIODIC ROTATION OF EXTERNAL AUDITORS. 19 September 11, 2003 Upon being seconded by Vice Chairman Teele, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Chairman Winton: Now, we need a -- are there any other items that we want to discuss on the consent agenda? If not, we need a motion on the remaining -- Commissioner Sanchez: So move. Chairman Winton: And a second. Commissioner Gonzalez: Second. Commissioner Regalado: Second. Chairman Winton: Got a motion and second on the rest of the consent agenda. Any discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. 20 September 11, 2003 Note for the Record: CODE SEC. 2-33 (J) STIPULATES THAT CONSENT AGENDA ITEMS THAT ARE REMOVED FROM THE AGENDA PRIOR TO CITY COMMISSION CONSIDERATION SHALL AUTOMATICALLY BE SCHEDULED AS A REGULAR AGENDA ITEM AT THE NEXT REGULARLY SCHEDULED MEETING OF THE CITY COMMISSION. THEREUPON MOTION DULY MADE BY COMMISSIONER SANCHEZ AND SECONDED BY COMMISSIONER GONZALEZ, THE CONSENT AGENDA ITEMS WERE PASSED 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. 2.1 ACCEPT BID OF DOCK AND MARINE CONSTRUCTION FOR PROJECT ENTITLED "DINNER KEY MARINA MOORING PILE REPLACEMENT PROJECT, B-6473," TOTAL PROJECT COSTS $118,500; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENTS PROJECT. RESOLUTION NO. 03-922 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID OF DOCK AND MARINE CONSTRUCTION, FOR THE PROJECT ENTITLED "DINNER KEY MARINA MOORING PILE REPLACEMENT PROJECT, B-6473," IN THE PROPOSED AMOUNT OF $103,700 TO COVER CONTRACT COSTS PLUS $14,800 TO COVER EXPENSES INCURRED BY THE CITY FOR TOTAL PROJECT COSTS OF $118,500, AS SET FORTH ON THE FORMAL BID DOCUMENT AND THE DEPARTMENT OF CAPITAL IMPROVEMENTS PROJECT FACT SHEET, ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 326011; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 21 September 11, 2003 2.2 ACCEPT BID OF ABC RADIATOR AND AIR, INC., FOR PURCHASE AND INSTALLATION OF AUTOMOTIVE RADIATOR RECORING AND PROVISION FOR REPAIR SERVICES FOR DEPARTMENT OF MUNICIPAL SERVICES, FLEET MANAGEMENT DIVISION, TOTAL AWARD $108,000; ALLOCATE FUNDS FROM DEPARTMENT OF MUNICIPAL SERVICES, HEAVY FLEET DIVISION. RESOLUTION NO. 03-923 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF ABC RADIATOR AND AIR, INC., FOR THE PURCHASE AND INSTALLATION OF AUTOMOTIVE RADIATOR RECORING AND TO PROVIDE REPAIR SERVICES FOR THE DEPARTMENT OF MUNICIPAL SERVICES, FLEET MANAGEMENT DIVISION, ON A CONTRACT BASIS, FOR A TWO-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $27,000, FOR A TOTAL AWARD AMOUNT NOT TO EXCEED $108,000, SUBJECT TO BUDGETARY APPROVAL FOR OPTIONAL PERIODS; ALLOCATING FUNDS FROM THE DEPARTMENT OF MUNICIPAL SERVICES, HEAVY FLEET DIVISION, ACCOUNT CODE NO. 509000.420901.6.670. 2.3 ACCEPT BID OF REGOSA ENGINEERING, INC., FOR PROJECT ENTITLED "DOMINO PARK EXPANSION AND IMPROVEMENTS, B-3289"; TOTAL ESTIMATED COST $516,800. RESOLUTION NO. 03-924 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID OF REGOSA ENGINEERING, INC., FOR THE PROJECT ENTITLED "DOMINO PARK EXPANSION AND IMPROVEMENTS, B-3289," IN THE AMOUNT OF $421,675 TO COVER CONTRACT COSTS, PLUS $95,125 TO COVER EXPENSES INCURRED BY THE CITY, FOR TOTAL ESTIMATED PROJECT COSTS OF $516,800, AS SET FORTH ON THE FORMAL BID DOCUMENT AND THE DEPARTMENT OF CAPITAL IMPROVEMENTS PROJECT FACT SHEET, ATTACHED AND INCORPORATED; ALLOCATING FUNDS, IN THE AMOUNT OF $361,300 FROM CAPITAL IMPROVEMENTS PROJECT ("CIP") NO. 333110, AND FROM CIP NO. 341183, IN THE AMOUNT OF $155,500; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 22 September 11, 2003 2.4 ACCEPT BID OF MEF CONSTRUCTION, INC., FOR PROJECT ENTITLED "CITYWIDE NEW STREET CONSTRUCTION, B-4636", TOTAL ESTIMATED COST $382,317.50. RESOLUTION NO. 03-925 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID OF MEF CONSTRUCTION, INC., FOR THE PROJECT ENTITLED "CITYWIDE NEW STREET CONSTRUCTION, B-4636," IN THE AMOUNT OF $347,317.50; ALLOCATING FUNDS, IN THE AMOUNT OF $347,317.50 TO COVER CONTRACT COSTS, PLUS $35,000 TO COVER EXPENSES INCURRED BY THE CITY, FOR TOTAL ESTIMATED PROJECT COSTS OF $382,317.50, AS SET FORTH ON THE FORMAL BID DOCUMENT AND THE DEPARTMENT OF CAPITAL IMPROVEMENTS PROJECT FACT SHEET, ATTACHED AND INCORPORATED, FROM CAPITAL IMPROVEMENTS PROJECT ("CIP") NO. 341205, IN THE AMOUNT OF $300,000, CIP NO. 341138, IN THE AMOUNT OF $67,330, AND CIP NO. 341199, IN THE AMOUNT OF $14,987.50; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 2.5 ACCEPT BID OF MEF CONSTRUCTION, INC., FOR PROJECT ENTITLED "ROAD REHABILITATION PROJECT", B-4656, TOTAL COST $1,726,658. RESOLUTION NO. 03-926 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID OF MEF CONSTRUCTION, INC., FOR THE PROJECT ENTITLED "ROAD REHABILITATION PROJECT, 13- 4656," IN THE AMOUNT OF $1,595,658; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 313855, IN THE AMOUNT OF $1,595,658 TO COVER CONTRACT COSTS, PLUS $131,000 TO COVER ESTIMATED EXPENSES INCURRED BY THE CITY, FOR TOTAL PROJECT COSTS OF $1,726,658, AS SET FORTH ON THE FORMAL BID DOCUMENT AND THE DEPARTMENT OF CAPITAL IMPROVEMENTS PROJECT FACT SHEET, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 23 September 11, 2003 2.6 ACCEPT BID OF BISCAYNE AQUACULTURE, INC., FOR PROJECT ENTITLED SIMPSON PARK HISTORIC POND RESTORATION, B -6319A; TOTAL COST OF $149,700. RESOLUTION NO. 03-927 A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S), ACCEPTING THE BID OF BISCAYNE AQUACULTURE, INC., FOR THE PROJECT ENTITLED "SIMPSON PARK HISTORIC POND RESTORATION, B -6319A," IN THE AMOUNT OF $102,700, FOR THE TOTAL BID OF THE PROPOSAL BASED ON LUMP SUM AND UNIT PRICES; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 331346, IN THE AMOUNT OF $81,000, AND NO. 331371, IN THE AMOUNT OF $68,700, TO COVER THE CONSTRUCTION CONTRACT COSTS, IN THE AMOUNT OF $102,700, AND MISCELLANEOUS CONSTRUCTION COSTS AND ESTIMATED EXPENSES TO BE INCURRED BY THE CITY, IN THE AMOUNT OF $47,000, FOR TOTAL PROJECT COSTS OF $149,700, AS SET FORTH IN INFORMAL BID SHEET AND PROJECT FACT SHEET, ATTACHED AND INCORPORATED; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PROJECT. 2.7 ACCEPT BID OF PROFESSIONAL WELDING, INC., FOR PROJECT ENTITLED "MANUEL ARTIME COMMUNITY CENTER — NEW FENCE, B-6460"; TOTAL CONSTRUCTION COST $49,625. RESOLUTION NO. 03-928 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID OF PROFESSIONAL WELDING, INC., FOR THE PROJECT ENTITLED "MANUEL ARTIME COMMUNITY CENTER — NEW FENCE, B-6460," IN THE AMOUNT OF $43,675; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 333136, IN THE AMOUNT OF $43,675 TO COVER CONTRACT COSTS PLUS $5,950 TO COVER EXPENSES INCURRED BY THE CITY, FOR TOTAL PROJECT COSTS OF $49,625, AS SET FORTH ON THE FORMAL BID DOCUMENT AND THE DEPARTMENT OF CAPITAL IMPROVEMENTS PROJECT FACT SHEET, ATTACHED AND INCORPORATED; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 24 September 11, 2003 2.8 ACCEPT BID OF HERALPIN USA, INC., FOR PROJECT ENTITLED "MANUEL ARTIME COMMUNITY CENTER DANCE FLOOR REPLACEMENT, B-6487", TOTAL CONSTRUCTION COST $35,690. RESOLUTION NO. 03-929 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID OF HERALPIN USA, INC., FOR THE PROJECT ENTITLED "MANUEL ARTIME COMMUNITY CENTER DANCE FLOOR REPLACEMENT, B-6487," IN THE AMOUNT OF $31,900; ALLOCATING FUNDS, IN THE AMOUNT OF $31,900 TO COVER CONTRACT COSTS PLUS $3,790 TO COVER ESTIMATED EXPENSES INCURRED BY THE CITY, FOR TOTAL PROJECT COSTS OF $35,690, AS SET FORTH ON THE FORMAL BID DOCUMENT AND THE DEPARTMENT OF CAPITAL IMPROVEMENTS PROJECT FACT SHEET, ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 311010; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 2.9 ACCEPT BIDS OF MACMILLAN OIL COMPANY OF SOUTH FLORIDA, BV OIL COMPANY, MARTIN COUNTY PETROLEUM, AND PORT CONSOLIDATED, INC., PURSUANT TO INVITATION FOR BIDS NO. 02-03-084, FOR PROVISION OF OILS AND LUBRICANTS AT VARIOUS CITY FACILITIES, USER DEPARTMENTS AND AGENCIES; ALLOCATE FUNDS FROM VARIOUS USER DEPARTMENTS AND AGENCIES BUDGETS AT TIME OF NEED. RESOLUTION NO. 03-930 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS OF MACMILLAN OIL COMPANY OF SOUTH FLORIDA, BV OIL COMPANY, MARTIN COUNTY PETROLEUM, AND PORT CONSOLIDATED, INC., TO PROVIDE OILS AND LUBRICANTS TO BE UTILIZED BY VARIOUS USER DEPARTMENTS AND AGENCIES AT FACILITIES CITYWIDE, ON A CONTRACT BASIS FOR A TWO-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE- YEAR PERIODS; ALLOCATING FUNDS FROM THE OPERATING BUDGETS OF THE VARIOUS USER DEPARTMENTS AND AGENCIES, SUBJECT TO BUDGETARY APPROVAL. 25 September 11, 2003 2.10 ACCEPT BIDS OF A & S EQUIPMENT CO., AND NATIONAL LIFT TRUCK SERVICES, PURSUANT TO INVITATION FOR BIDS NO. 02-03-161, FOR PROVISION OF FORKLIFT MAINTENANCE AND REPAIR SERVICES, FOR VARIOUS USER DEPARTMENTS AND AGENCIES; ALLOCATE FUNDS FROM VARIOUS USER DEPARTMENTS AND AGENCIES BUDGETS AT TIME OF NEED. RESOLUTION NO. 03-931 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS OF A & S EQUIPMENT CO., (PRIMARY VENDOR) AND NATIONAL LIFT TRUCK SERVICES (SECONDARY VENDOR), FOR THE PROVISION OF FORKLIFT MAINTENANCE AND REPAIR SERVICES, TO BE USED CITYWIDE ON A CONTRACT BASIS, FOR A TWO-YEAR PERIOD WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE GENERAL OPERATING BUDGETS OF THE VARIOUS USER DEPARTMENTS AND AGENCIES, SUBJECT TO BUDGETARY APPROVAL. 2.11 ACCEPT BIDS OF DEMOLITION MASTERS, INC. (PRIMARY VENDOR) AND LANGO EQUIPMENT SERVICE (SECONDARY VENDOR), TO PROVIDE ALL LABOR, MATERIALS AND EQUIPMENT AT VARIOUS LOCATIONS CITYWIDE FOR DEMOLITION SERVICES FOR DEPARTMENT OF BUILDING, TOTAL CONTRACT AMOUNT $1,200,000; ALLOCATE FUNDS FROM BUDGET OF DEPARTMENT OF BUILDING. RESOLUTION NO. 03-932 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS OF DEMOLITION MASTERS, INC. (PRIMARY VENDOR) AND LANGO EQUIPMENT SERVICE (SECONDARY VENDOR), TO PROVIDE ALL LABOR, MATERIALS AND EQUIPMENT AT VARIOUS LOCATIONS CITYWIDE FOR DEMOLITION SERVICES FOR THE DEPARTMENT OF BUILDING, ON A CONTRACT BASIS FOR A TWO-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $300,000, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $1,200,000; ALLOCATING FUNDS FROM THE BUDGET OF THE DEPARTMENT OF BUILDING, ACCOUNT CODE NO. 421001.560302.6.270, SUBJECT TO BUDGETARY APPROVAL. 26 September 11, 2003 2.12 ACCEPT BIDS OF RONALD M. GIBBONS, INC. (GROUP I) FOR PURCHASE AND INSTALLATION OF BATTING CAGES AT CORAL GATE, HADLEY, DOUGLAS AND GRAPELAND PARKS, $34,340 AND ISLAND FENCE OF FLORIDA, INC. (GROUP II) FOR PURCHASE AND INSTALLATION OF STEEL PICKET FENCING AT TRIANGLE AND MELROSE PARKS, $67,227.75, TOTAL CONTRACT AMOUNT $101,567.75, FOR DEPARTMENT OF PARKS AND RECREATION; ALLOCATE FUNDS FROM CAPITAL NEIGHBORHOOD PARK BOND AND HOMELAND DEFENSE AND NEIGHBORHOOD IMPROVEMENT BOND FUNDS. RESOLUTION NO. 03-933 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS OF RONALD M. GIBBONS, INC. (GROUP I) FOR THE PURCHASE AND INSTALLATION OF BATTING CAGES AT THE FOLLOWING CITY OF MIAMI ("CITY") PARKS: CORAL GATE, HADLEY, DOUGLAS AND GRAPELAND, IN AN AMOUNT NOT TO EXCEED $34,340, AND ISLAND FENCE OF FLORIDA, INC. (GROUP 11) FOR THE PURCHASE AND INSTALLATION OF STEEL PICKET FENCING AT THE FOLLOWING CITY PARKS: TRIANGLE AND MELROSE, FOR THE DEPARTMENT OF PARKS AND RECREATION, IN AN AMOUNT NOT TO EXCEED $67,227.75, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $101,567.75; ALLOCATING FUNDS FROM SAFE NEIGHBORHOOD PARK BOND AND HOMELAND DEFENSE AND NEIGHBORHOOD IMPROVEMENT BOND FUNDS. 2.13 APPROVE PURCHASE AND INSTALLATION OF PLAYGROUND AND PARK EQUIPMENT AT VARIOUS CITY PARKS FROM VARIOUS VENDORS UNDER EXISTING MIAMI-DADE COUNTY CONTRACT NO. 4907-2/03-1, FOR DEPARTMENT OF PARKS AND RECREATION. RESOLUTION NO. 03-934 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE PURCHASE AND INSTALLATION OF PLAYGROUND AND PARK EQUIPMENT AT VARIOUS CITY PARKS FROM VARIOUS VENDORS, ON AN AS -NEEDED CONTRACT BASIS FOR THE DEPARTMENT OF PARKS AND RECREATION UNDER EXISTING MIAMI-DADE COUNTY CONTRACT NO. 4907-2/03-1, EFFECTIVE THROUGH FEBRUARY 29, 2004, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY MIAMI-DADE COUNTY; AUTHORIZING SAID PURCHASES AND ALLOCATING FUNDS, AS NEEDED, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL. 27 September 11, 2003 2.14 APPROVE PROCUREMENT OF ENVELOPES CITYWIDE FROM MAC PAPERS, INC., AWARDED UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 310-000-03- 1, FOR DEPARTMENT OF PURCHASING TO BE UTILIZED BY VARIOUS USER DEPARTMENTS AND AGENCIES; ALLOCATE FUNDS FROM GENERAL OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS AND AGENCIES. RESOLUTION NO. 03-935 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE PROCUREMENT OF ENVELOPES FROM MAC PAPERS, INC., FOR THE DEPARTMENT OF PURCHASING TO BE USED CITYWIDE BY VARIOUS DEPARTMENTS AND AGENCIES ON AN AS -NEEDED CONTRACT BASIS, UTILIZING EXISTING STATE OF FLORIDA CONTRACT NO. 310- 000-03-1, EFFECTIVE THROUGH OCTOBER 10, 2003, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA; ALLOCATING FUNDS FROM THE GENERAL OPERATING BUDGETS OF THE VARIOUS USER DEPARTMENTS AND AGENCIES, SUBJECT TO BUDGETARY APPROVAL. 2.15 APPROVE REMOVAL AND PROPER DISPOSAL OF WASTE OIL AND OTHER OIL CONTAMINANTS AT VARIOUS CITY FACILITIES, FROM PETROLEUM MANAGEMENT, INC., FOR VARIOUS USER DEPARTMENTS AND AGENCIES; ALLOCATE FUNDS FROM VARIOUS USER DEPARTMENTS AND AGENCIES BUDGETS. RESOLUTION NO. 03-936 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE REMOVAL AND PROPER DISPOSAL OF WASTE OIL AND OTHER OIL CONTAMINANTS AT VARIOUS CITY FACILITIES, FROM PETROLEUM MANAGEMENT, INC., FOR VARIOUS USER DEPARTMENTS AND AGENCIES, ON A CONTRACT BASIS FOR TWO YEARS, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE OPERATING BUDGETS OF THE VARIOUS USER DEPARTMENTS, SUBJECT TO BUDGETARY APPROVAL. 28 September 11, 2003 2.16 AUTHORIZE MANAGER TO REIMBURSE MIAMI PARKING AUTHORITY UP TO $75,000 FOR REPAIRS TO BOAT TRAILER PARKING STALLS IN KENNETH MEYERS PARK AT SEMINOLE BOAT RAMP AREA (MPA LOT #71); ALLOCATE $55,000 FROM CAPITAL IMPROVEMENTS PROJECT ENTITLED "CITY WIDE FACILITY ASSESSMENTS AND IMPROVEMENTS" AND $20,000, FROM MIAMI PARKING AUTHORITY SEMINOLE BOAT RAMP REPAIR AND REPLACEMENT ACCOUNT. RESOLUTION NO. 03-937 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO REIMBURSE THE MIAMI PARKING AUTHORITY UP TO $75,000 FOR REPAIRS TO THE BOAT TRAILER PARKING STALLS IN KENNETH MEYERS PARK AT THE SEMINOLE BOAT RAMP AREA (MPA LOT #71); ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $55,000 FROM CAPITAL IMPROVEMENTS PROJECT NO. 311010, ENTITLED "CITY WIDE FACILITY ASSESSMENTS AND IMPROVEMENTS" AND FUNDS, IN THE AMOUNT OF $20,000, FROM MIAMI PARKING AUTHORITY SEMINOLE BOAT RAMP REPAIR AND REPLACEMENT ACCOUNT NO. 1.3217, TO FUND REPAIRS AND EXPENSES. 29 September 11, 2003 2.17 AUTHORIZE INCREASE IN CONTRACT WITH J. BALSERA SCHOOL SERVICE, INC., $25,000, FROM $42,500 TO $67,500 ANNUALLY, FOR YEAR-ROUND INCREASED BUS TRANSPORTATION SERVICES FOR DEPARTMENT OF PARKS AND RECREATION FOR SUMMER ACTIVITIES AND PROGRAMS AND ADDITIONAL ACTIVITIES RELATED TO HEART OF PARKS PROGRAM; ALLOCATE FUNDS FOR INCREASED SERVICES FROM RECREATION AND DEVELOPMENT YOUTH PROGRAMS PROJECT; AMEND RESOLUTION NO. 02-510 TO REFLECT INCREASE IN CONTRACT AMOUNT. RESOLUTION NO. 03-938 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN INCREASE IN THE CONTRACT WITH J. BALSERA SCHOOL SERVICE, INC., IN AN AMOUNT NOT TO EXCEED $25,000, FROM $42,500 TO $67,500 ANNUALLY, FOR YEAR-ROUND INCREASED BUS TRANSPORTATION SERVICES FOR THE DEPARTMENT OF PARKS AND RECREATION FOR SUMMER ACTIVITIES AND PROGRAMS AND ADDITIONAL ACTIVITIES RELATED TO THE HEART OF THE PARKS PROGRAM; ALLOCATING FUNDS FOR INCREASED SERVICES FROM THE RECREATION AND DEVELOPMENT YOUTH PROGRAMS PROJECT NO. 114017, EXPENDITURE ACCOUNT NO. 580602.340; AMENDING RESOLUTION NO. 02-510, ADOPTED MAY 9, 2002, TO REFLECT THE INCREASE IN THE CONTRACT AMOUNT AND TO DELETE REFERENCE TO ADJUSTMENTS BASED ON THE CURRENT YEAR CONSUMER PRICE INDEX; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 2.18 AUTHORIZE INCREASE IN CONTRACT AMOUNT WITH VARIOUS VENDORS, $50,000, INCREASING TOTAL CONTRACT AMOUNT FROM $158,000 TO $208,000, FOR PURCHASE OF ADDITIONAL MOTOROLA RADIO PARTS AND ACCESSORIES, FOR VARIOUS USER DEPARTMENTS AND AGENCIES CITYWIDE; ALLOCATE FUNDS FROM VARIOUS USER DEPARTMENTS AND AGENCIES BUDGETS. RESOLUTION NO. 03-939 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN INCREASE IN THE CONTRACT AMOUNT WITH VARIOUS VENDORS, IN AN AMOUNT NOT TO EXCEED $50,000, FROM $158,000 TO $208,000, FOR THE PURCHASE OF ADDITIONAL MOTOROLA RADIO PARTS AND ACCESSORIES, FOR VARIOUS USER DEPARTMENTS AND AGENCIES CITYWIDE; ALLOCATING FUNDS FROM THE VARIOUS USER DEPARTMENTS AND AGENCIES BUDGETS AT TIME OF NEED, SUBJECT TO BUDGETARY APPROVAL. 30 September 11, 2003 2.19 AUTHORIZE MANAGER TO EXECUTE SECOND AMENDMENT AND EXTENSION TO EXISTING AGREEMENT BETWEEN CITY AND PUBLIC HEALTH TRUST OF MIAMI-DADE COUNTY, FLORIDA TO EXTEND TERM OF AGREEMENT FOR ONE ADDITIONAL TWO-YEAR PERIOD, FROM OCTOBER 1, 2003 THROUGH SEPTEMBER 30, 2005, TO COORDINATE EMERGENCY MEDICAL SERVICES PROVIDED BY CITY'S DEPARTMENT OF FIRE -RESCUE, TOTAL AMOUNT $300,274; ALLOCATE FUNDS FROM GENERAL OPERATING BUDGET. RESOLUTION NO. 03-940 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT AND EXTENSION TO AN EXISTING AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE PUBLIC HEALTH TRUST OF MIAMI-DADE COUNTY, FLORIDA ("TRUST"), TO EXTEND THE TERM OF THE AGREEMENT FOR ONE ADDITIONAL TWO-YEAR PERIOD, FROM OCTOBER 1, 2003 THROUGH SEPTEMBER 30, 2005, TO COORDINATE EMERGENCY MEDICAL SERVICES PROVIDED BY THE CITY'S DEPARTMENT OF FIRE -RESCUE, EMERGENCY RESPONSE DIVISION, AT A RENEGOTIATED ANNUAL COMPENSATION TO BE PAID TO THE TRUST, IN AN AMOUNT NOT TO EXCEED $146,475 FOR THE FIRST YEAR AND $153,799 FOR THE SECOND YEAR, FOR A TOTAL AMOUNT NOT TO EXCEED $300,274; ALLOCATING FUNDS FROM GENERAL OPERATING BUDGET ACCOUNT CODE NO. 001000.280601.6.270. 2.20 AUTHORIZE MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH MIAMI-DADE COMMUNITY COLLEGE, SCHOOL OF JUSTICE AND SAFETY ADMINISTRATION, TO PROVIDE REQUIRED LAW ENFORCEMENT TRAINING FOR POLICE RECRUITS AND PUBLIC SERVICE AIDES, $164,000; ALLOCATE FUNDS FROM POLICE DEPARTMENT GENERAL OPERATING BUDGET. RESOLUTION NO. 03-941 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COMMUNITY COLLEGE, SCHOOL OF JUSTICE AND SAFETY ADMINISTRATION, TO PROVIDE REQUIRED LAW ENFORCEMENT TRAINING FOR POLICE RECRUITS AND PUBLIC SERVICE AIDES, FOR A ONE-YEAR PERIOD, WITH THE OPTION TO EXTEND FOR FIVE ADDITIONAL ONE-YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $164,000; ALLOCATING FUNDS FROM THE POLICE DEPARTMENT GENERAL OPERATING BUDGET, ACCOUNT NO. 001000.290201.6.270. 31 September 11, 2003 2.21 AUTHORIZE MANAGER TO EXECUTE MEMORANDUM OF AGREEMENT FOR PARTICIPATING MIAMI URBAN AREAS SECURITY INITIATIVE II AGENCIES WITH SELECTED URBAN AREA COUNTIES TO SET FORTH PARTIES' RESPONSIBILITIES IN CONNECTION WITH DEVELOPMENT AND SUPPORT OF URBAN AREAS SECURITY INITIATIVE ADMINISTERED WITH CITY, DEPARTMENT OF FIRE - RESCUE, CONTINGENT UPON FUNDING BEING SECURED IN FORM OF GRANTS FROM UNITED STATES DEPARTMENT OF HOMELAND SECURITY. RESOLUTION NO. 03-942 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT FOR PARTICIPATING MIAMI URBAN AREAS SECURITY INITIATIVE II ("UASI") AGENCIES, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SELECTED URBAN AREA COUNTIES, SPECIFICALLY, MIAMI-DADE AND BROWARD COUNTIES, TO SET FORTH THE PARTIES' RESPONSIBILITIES IN CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF THE URBAN AREAS SECURITY INITIATIVE ADMINISTERED WITH THE CITY OF MIAMI, DEPARTMENT OF FIRE -RESCUE, CONTINGENT UPON FUNDING OF SAID PROJECT BEING SECURED IN THE FORM OF GRANTS FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY PASSED THROUGH THE OFFICE FOR DOMESTIC PREPAREDNESS, DIRECTLY TO THE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT. 2.22 AUTHORIZE MANAGER TO EXECUTE AGREEMENT BETWEEN CITY AND MIAMI - DADE COUNTY, FOR EXTENSION OF WATER FACILITIES ON MIAMI INTERNATIONAL WATERSPORTS CENTER SITE. RESOLUTION NO. 03-943 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY TO EXTEND WATER FACILITIES BY INSTALLING A 12 -INCH WATER MAIN FIRELINE EXTENSION ON CITY - OWNED PROPERTY ON WHICH THE MIAMI INTERNATIONAL WATERSPORTS CENTER SITE IS LOCATED, AS LEGALLY DESCRIBED IN THE AGREEMENT. 32 September 11, 2003 2.23 ACCEPT MANAGER'S FINDINGS OF EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS NO. 02-03-100, THAT MOST QUALIFIED PROVIDER OF WIDE AREA NETWORK COMMUNICATIONS SERVICES FOR CITY IS BELLSOUTH BUSINESS SYSTEMS; AUTHORIZE MANAGER TO NEGOTIATE PROFESSIONAL SERVICES AGREEMENT WITH BELLSOUTH BUSINESS SYSTEMS, $500,000. RESOLUTION NO. 03-944 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE CITY MANAGER'S FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS NO. 02-03-100, THAT THE MOST QUALIFIED PROVIDER OF WIDE AREA NETWORK COMMUNICATIONS SERVICES FOR THE CITY OF MIAMI IS BELLSOUTH BUSINESS SYSTEMS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT") WITH BELLSOUTH BUSINESS SYSTEMS AT AN ESTIMATED ANNUAL COST NOT TO EXCEED $500,000, FOR AN INITIAL TWO-YEAR PERIOD, WITH THE OPTION TO EXTEND FOR THREE ADDITIONAL ONE-YEAR PERIODS; DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED AGREEMENT TO THE CITY COMMISSION FOR CONSIDERATION. 2.24 AUTHORIZE MANAGER TO EXECUTE MEMORANDUM OF UNDERSTANDING BETWEEN CITY AND HEALTH FOUNDATION OF SOUTH FLORIDA, AND TO ALLOW CITY TO ACCEPT FUNDS. $1,220, FOR SENIOR IMMUNIZATION PROJECT INITIATED BY HEALTH FOUNDATION OF SOUTH FLORIDA. RESOLUTION NO. 03-945 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY TO (1) ACCEPT FUNDS, IN THE AMOUNT NOT TO EXCEED $1,220, FROM HEALTH FOUNDATION OF SOUTH FLORIDA ("HEALTH FOUNDATION"), FOR THE SENIOR IMMUNIZATION PROJECT INITIATED BY HEALTH FOUNDATION, FOR THE PERIOD OF SEPTEMBER 15, 2003 THROUGH DECEMBER 31, 2003; AND ADMINISTERED BY THE CITY OF MIAMI DEPARTMENT OF FIRE - RESCUE, (2) EXECUTE A MEMORANDUM OF UNDERSTANDING AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH HEALTH FOUNDATION FOR SAID PURPOSE, AND (3) EXPEND SAID FUNDS FOR THE OPERATION OF THE PROJECT. 33 September 11, 2003 2.25 AUTHORIZE MANAGER TO EXECUTE INDEMNIFICATION AND HOLD HARMLESS AGREEMENT WITH 1001 N.W. 7TH STREET PROPERTIES, INC., WHICH AUTHORIZES DEPARTMENT OF FIRE RESCUE'S USE OF PARKING LOT LOCATED AT 1001 N.W. 7TH STREET DURING GRAND PRIX OF AMERICAS RACE HELD DOWNTOWN MIAMI, BEGINNING SEPTEMBER 26 — 28, 2003. RESOLUTION NO. 03-946 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDEMNIFICATION AND HOLD HARMLESS AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH 1001 NORTHWEST 7TH STREET PROPERTIES, INC., WHICH AUTHORIZES THE DEPARTMENT OF FIRE RESCUE'S USE OF THE PARKING LOT LOCATED AT 1001 NORTHWEST 7TH STREET, MIAMI, FLORIDA, DURING THE GRAND PRIX OF AMERICAS RACE TO BE HELD IN DOWNTOWN MIAMI SEPTEMBER 26 — 28, 2003, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. 34 September 11, 2003 2.26 ACCEPT RECOMMENDATION OF MANAGER TO APPROVE FINDINGS OF SELECTION COMMITTEE THAT MOST QUALIFIED FIRMS, IN RANK ORDER, ARE: 1) BARRETT AND ASSOCIATES. INC, AND 2) SHL USA, INC., TO PROVIDE AND ADMINISTER PROMOTIONAL EXAMINATION PROCESSES FOR CLASSIFICATIONS OF FIRE LIEUTENANT AND FIRE CAPTAIN FOR DEPARTMENT OF EMPLOYEE RELATIONS; AUTHORIZE MANAGER TO EXECUTE PROFESSIONAL SERVICE AGREEMENT WITH BARRETT AND ASSOCIATES, INC. $140,000; ALLOCATE FUNDS FROM DEPARTMENT OF FIRE -RESCUE GENERAL OPERATING BUDGET. RESOLUTION NO. 03-947 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 02-03-094, THAT THE MOST QUALIFIED FIRMS TO PROVIDE AND ADMINISTER THE PROMOTIONAL EXAMINATION PROCESSES FOR THE CLASSIFICATIONS OF FIRE LIEUTENANT AND FIRE CAPTAIN FOR THE DEPARTMENT OF EMPLOYEE RELATIONS IN RANK ORDER ARE: (1) BARRETT AND ASSOCIATES INC., AND (2) SHL USA, INC; AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH BARRETT AND ASSOCIATES, INC., THE TOP-RANKED FIRM, FOR AN INITIAL TWO-YEAR PERIOD, WITH THE OPTION TO EXTEND FOR THREE ADDITIONAL ONE-YEAR PERIODS, IN AN AMOUNT NOT TO EXCEED $140,000, DURING THE INITIAL AND EXTENDED TERM(S) OF THE AGREEMENT; ALLOCATING FUNDS FROM THE GENERAL OPERATING BUDGET OF THE DEPARTMENT OF FIRE -RESCUE, ACCOUNT CODE NO. 001000.280601.6.270. 2.27 AMEND RESOLUTION 02-965 WHICH REESTABLISHED AND RECREATED COMMUNITY TECHNOLOGY ADVISORY BOARD TO EXTEND SUNSET DATE OF ADVISORY BOARD FROM SEPTEMBER 10, 2003 TO SEPTEMBER 9, 2004. RESOLUTION NO. 03-948 A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION 02-965, ADOPTED SEPTEMBER 11, 2002, WHICH REESTABLISHED AND RECREATED THE COMMUNITY TECHNOLOGY ADVISORY BOARD TO EXTEND THE SUNSET DATE OF THE ADVISORY BOARD FROM SEPTEMBER 10, 2003 TO SEPTEMBER 9, 2004. 35 September 11, 2003 2.28 AUTHORIZE CONTINUED ENGAGEMENT OF LAW FIRM OF HOGAN & HARTSON, L.L.P. FOR LEGAL SERVICES PROVIDED TO CITY IN CONNECTION WITH ILLEGALLY PLACED BILLBOARDS AND CASE OF NATIONAL ADVERTISING CO. VS. CITY, $150,000,; ALLOCATE FUNDS FROM SELF-INSURANCE AND INSURANCE TRUST FUND. RESOLUTION NO. 03-949 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONTINUED ENGAGEMENT OF THE LAW FIRM OF HOGAN & HARTSON, L.L.P. FOR LEGAL SERVICES PROVIDED TO THE CITY OF MIAMI IN CONNECTION WITH ILLEGALLY PLACED BILLBOARDS AND THE CASE OF NATIONAL ADVERTISING CO. VS. CITY OF MIAMI, IN THE UNITED STATES DISTRICT COURT, CASE NO. 01-3039 CIV -KING, IN AN AMOUNT NOT TO EXCEED $150,000, PLUS COSTS AS APPROVED BY THE CITY ATTORNEY; ALLOCATING FUNDS FROM THE SELF- INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 515001.624401.6.661, FOR SAID SERVICES. 2.29 AUTHORIZE DIRECTOR OF FINANCE TO PAY ISIS CASTANO, $70,000 IN COMPLETE SETTLEMENT OF ALL CLAIMS AGAINST CITY, IN CASE OF ISIS CASTANO V. CITY OF MIAMI; ALLOCATE FUNDS FROM SELF-INSURANCE AND INSURANCE TRUST FUND. RESOLUTION NO. 03-950 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ISIS CASTANO, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $70,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF ISIS CASTANO V. CITY OF MIAMI, IN THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 00-19312 CA (13), UPON EXECUTING A GENERAL RELEASE FOR THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.651. 36 September 11, 2003 2.30 AMEND RESOLUTION NO. 00-662 TO CHANGE CONTRACT TO CITYWIDE CONTRACT, TO CHANGE EXPIRATION DATE TO APRIL 30, 2004, AND TO ADD "OR REPLACEMENT CONTRACTS" AND "GENERAL OPERATING BUDGETS OF THE VARIOUS USER DEPARTMENTS AND AGENCIES". RESOLUTION NO. 03-951 A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 00-662, ADOPTED JULY 27, 2000, WHICH AUTHORIZED THE PURCHASE OF GASOLINE FOR THE DEPARTMENT OF MUNICIPAL SERVICES TO: (1) CHANGE THE CONTRACT TO BE UTILIZED CITYWIDE, (2) TO CHANGE THE EXPIRATION DATE OF THE CONTRACT FROM JULY 3, 2003 TO APRIL 30, 2004, (3) PROVIDE FOR REPLACEMENT CONTRACTS, AND (4) CHANGE THE ALLOCATION OF FUNDS FROM ACCOUNT CODE NO. 50900.420901.6.715 TO THE GENERAL OPERATING BUDGETS OF THE VARIOUS USER DEPARTMENTS AND AGENCIES. 2.31 AUTHORIZE MANAGER TO ACCEPT GRANT, $200,000, FROM UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES THROUGH MIAMI-DADE COUNTY UNDER TITLE XX TO PROVIDE CHILD DAY CARE SERVICES TO CHILDREN FROM LOW-INCOME FAMILIES, TO BE ADMINISTERED BY CITY DEPARTMENT OF PARKS AND RECREATION. RESOLUTION NO. 03-952 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT, IN THE TOTAL ESTIMATED AMOUNT OF $200,000, FROM THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES THROUGH MIAMI-DADE COUNTY UNDER TITLE XX TO PROVIDE CHILD DAY CARE SERVICES TO CHILDREN FROM LOW-INCOME FAMILIES, TO BE ADMINISTERED BY THE CITY OF MIAMI DEPARTMENT OF PARKS AND RECREATION FOR THE PERIOD OF JULY 1, 2003 THROUGH JUNE 30, 2004; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO ACCEPT THE GRANT AND TO IMPLEMENT THE PROGRAM. 37 September 11, 2003 2.32 AUTHORIZE MANAGER TO ACCEPT TWO SEPARATE DONATIONS OF VARIOUS TREES, PALMS, SHRUBS, AND GROUND COVER FROM ELAINE SPEAR AND HER CHILDREN, M. GLENN SPEAR AND LOURIE N. SPEAR, AND SECOND DONATION FROM MICHAEL FEIN OF MICHAEL A. FEIN P.A. ARCHITECTURE, WITH COMBINED VALUE OF APPROXIMATELY $503,390 TO BE RELOCATED AND PLANTED ON WATSON ISLAND AT NO COST TO CITY FOR USE AT PARROT JUNGLE AND GARDENS OF WATSON ISLAND BOTANICAL GARDEN ATTRACTION. RESOLUTION NO. 03-953 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT TWO SEPARATE DONATIONS OF VARIOUS TREES, PALMS, SHRUBS, AND GROUND COVER TO BE RELOCATED AND PLANTED ON WATSON ISLAND AT NO COST TO THE CITY FOR USE AT THE PARROT JUNGLE AND GARDENS OF WATSON ISLAND BOTANICAL GARDEN ATTRACTION, FROM ELAINE SPEAR AND HER CHILDREN, M. GLENN SPEAR AND LOURIE N. SPEAR, AND THE SECOND DONATION FROM MICHAEL ALAN FINE ARCHITECTURE, P.A., ON BEHALF OF LUCIA M. COMAS, WITH A COMBINED VALUE OF APPROXIMATELY $503,390; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 2.33 RATIFY APPOINTMENTS OF CERTAIN INDIVIDUALS AS MEMBERS OF OVERTOWN ADVISORY BOARD. RESOLUTION NO. 03-954 A RESOLUTION OF THE MIAMI CITY COMMISSION, RATIFYING THE APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE OVERTOWN ADVISORY BOARD. 2.34 ACCEPT REPORT FROM CIVIL SERVICE BOARD. MOTION NO. 03-955 A MOTION OF THE MIAMI CITY COMMISSION ACCEPTING A REPORT FROM THE CIVIL SERVICE BOARD. 3. TABLE TO 4:30 P.M. ON THIS SAME DATE PROPOSED PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF PROPERTY LOCATED AT 6301-6307 NORTHEAST 2" d AVENUE IN CONNECTION WITH DEVELOPMENT OF PARK IN LITTLE HAITI. Chairman Winton: Personal -- yes, sir, Commissioner. 38 September 11, 2003 Vice Chairman Teele: Mr. Chairman, we have some personal appearances, but we did have an item scheduled for 9:30, Item Number 8, and I would like to, at the request of the management, request a deferral -- Commissioner Sanchez: Time certain (UNINTELLIGIBLE). Joe Arriola (City Manager): For the afternoon. Vice Chairman Teele: -- time certain of 4:30, and the reason is that a document apparently was received late last night. Staff, apparently, worked through the night until 3:30. There're still some legal and technical issues, and the document is not ready. Chairman Winton: Oh, so we're moving it to 4:30? Vice Chairman Teele: To 4:30 -- Mr. Arriola: 4:30 would be great. Vice Chairman Teele: -- p.m. today. I would -- because it's advertised at a time certain, it would require an action to move it. I would so move. Commissioner Regalado: Second. Commissioner Sanchez: 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, to 4:30. The following motion was introduced by Vice Chairman Teele, who moved for its adoption: MOTION NO. 03-956 A MOTION TO TABLE TO 4:30 P.M. ON THIS SAME DATE PROPOSED PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF THE PROPERTY LOCATED AT 6301-6307 NORTHEAST 2nd AVENUE MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN THE PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF MIAMI AND LINCOLN PROPERTY II, INC., A FLORIDA CORPORATION, IN CONNECTION WITH THE DEVELOPMENT OF A PARK IN LITTLE HAITI, FOR A TOTAL PURCHASE PRICE OF $2,750,000. 39 September 11, 2003 Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 4. DEFER TO COMMISSION MEETING CURRENTLY SCHEDULED FOR SEPTEMBER 25, 2003, PROPOSED ORDINANCE ON SECOND READING TO AMEND SECTION 2-829, ENTITLED "SCHEDULE OF CIVIL PENALTIES;" CHAPTER 10, ARTICLE I, ENTITLED "BUILDINGS — IN GENERAL" AND REPEALING AND CREATING NEW CHAPTER 36, ENTITLED "NOISE" OF MIAMI CITY CODE BY ESTABLISHING FINES FOR VIOLATION OF NOISE AND NOISE RELATED ACTIVITIES. Alejandro Vilarello (City Attorney): Mr. Chairman. Chairman Winton: Yes, sir. Mr. Vilarello: Item 20 on the agenda is the noise ordinance. I'm reviewing some of the enforcement issues, and I'd request a deferral of that item -- Vice Chairman Teele: So moved, Mr. Chairman. Mr. Vilarello: -- to the September 25 meeting. Commissioner Sanchez: Second. Commissioner Gonzalez: What item is that? Chairman Winton: Item 20. Commissioner Sanchez: Second, some of the enforcement issues. Chairman Winton: Yeah. Joe Arriola (City Manager): Yes. Mr. Vilarello: It's the noise ordinance. Chairman Winton: Item 20 -- defer Item 20. Got a -- need a motion and a second. 40 September 11, 2003 Commissioner Regalado: Second. Commissioner Sanchez: There's a motion and a second on the floor already. Chairman Winton: Great. Any further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following motion was introduced by Vice Chairman Teele, who moved for its adoption: MOTION NO. 03-957 A MOTION TO DEFER TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR SEPTEMBER 25, 2003, PROPOSED ORDINANCE ON SECOND READING TO AMEND CHAPTER 2, SECTION 2-829, ENTITLED "SCHEDULE OF CIVIL PENALTIES;" CHAPTER 10, ARTICLE I, ENTITLED `BUILDINGS — IN GENERAL" AND REPEALING AND CREATING A NEW CHAPTER 36, ENTITLED "NOISE" OF THE MIAMI CITY CODE BY ESTABLISHING FINES FOR VIOLATION OF NOISE AND NOISE RELATED ACTIVITIES; ADDING NEW SECTIONS 10-6 AND 10-7, ENTITLED "BUILDING CONSTRUCTION, DREDGING AND LAND FILLING; PERMIT REQUIRED AND WHEN PROHIBITED" AND "BUILDING CONSTRUCTION, CERTIFICATE OF COMPLIANCE; WHEN REQUIRED" TO PROVIDE FOR AND CLARIFY DAYS AND TIMES CONSTRUCTION, DREDGING AND LAND FILLING ACTIVITY IS PERMITTED, PERMIT REQUIRED AND ENFORCEMENT AUTHORITY AND CREATING A NEW CHAPTER 36 TO PROVIDE FOR AND CLARIFY NOISE PROHIBITIONS AND LIMITATIONS; PROVIDING FOR INCLUSION IN THE CITY CODE, SEVERABILITY, AND AN EFFECTIVE DATE. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 41 September 11, 2003 Chairman Winton: Any other regular agenda items, Mr. Manager, that we need to modify here? 5. MR. JOHN T. JONES, CHAIRMAN OF METRO -MIAMI ACTION PLAN TRUST, TO ADDRESS CITY COMMISSION. Vice Chairman Teele: Item Number 2. Chairman Winton: Item 2 is a -- Vice Chairman Teele: MMAP (Metro -Miami Action Plan). Chairman Winton: personal appearance. Mr. John T. Jones, Chairman of MMAP. Good morning. Marzel Smith: Good morning, Mr. Chairman, members of the Commission. I'm not John T. Jones. Chairman Winton: Right. Mr. Smith: I'm going to stand in for him this morning. I'm Marzel Smith and my address is 6355 Northwest 200th Street, in Miami, and I am here to express my appreciation to the Commission and their staff for allowing us to work with you all, and we did, I think, a pretty good job. I was over here for one piece of business. I chair the board of Do The Right Thing, Incorporated, and then I met a young man over here that was dealing with the Peace in Da Hood Festival, and at that time, it was my understanding that there was a shortage of some monies, so we agreed to pick up the difference between what the City could do and what we could do, and so far as I know, we had a very successful -- there was a very successful Peace in Da Hood Festival out in Liberty City Brown Sub., and secondly, I hope we can use this opportunity to continue our working relationship with the City. We have done some projects over on 3rd Avenue in connection with CRA (Community Redevelopment Agency), and I'm hoping we could continue to do some additional projects over in the City through our Education Committee, our Housing Committee and our economic development projects, so on behalf of the Metro - Miami Action Plan and the Chair -- I happen to chair the Education Committee -- and on behalf of the Education Committee and the Metro -Miami Action Plan, I want to thank you all and I hope we can continue to work together. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Commissioner Teele. Vice Chairman Teele: I have a resolution of the City of Miami expressing gratitude to Metro Action Plan for co -sponsoring and providing funding for municipal services, in the amount of $14,000, supporting the Peace in Da Hood, held on August 16, and I know that Commissioner Regalado's aide, Mr. Crapp, is a member of the board of MMAP -- has been -- since I've been here and it comes from him. I would so move. 42 September 11, 2003 Commissioner Regalado: Second. Chairman Winton: Got a motion and a second. Discussion. Being none, all in favor -- Vice Chairman Teele: On the discussion, Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: I would ask that the Manager take an opportunity to meet with the MMAP board at the convenient time to discuss -- this is a long commitment of the City. Our commitments have gone up and down. At one time -- actually, up until two years ago, the City has furnished MMAP with a full-time employee for over -- two full-time employees for over ten years. As a result of some budget changes and cuts, we suspended that with a commitment that we would reinstate that when times are a little bit better, and so, I think it would be a good time to meet with MMA -P. They were created as a result of the civil disturbances, as you know, and like many things in Miami, it was a number one priority, but it -- but the need continues to be there, and I would just urge the management to meet with MMAP and for the various Commissioners to make themselves available. I want to commend Commissioner -- I mean, Tony Crapp, who is Commissioner Regalado's aide, who has been the MMAP representative of the City since I've been here and has done a wonderful job. On the motion, call the question. Chairman Winton: 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 Vice Chairman Teele, who moved its adoption: RESOLUTION NO. 03-958 A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING GRATITUDE TO THE METRO -MIAMI ACTION PLAN TRUST ("MMAP") FOR CO -SPONSORING AND PROVIDING FUNDS FOR MUNICIPAL SERVICES, IN AN AMOUNT NOT TO EXCEED $14,000, SUPPORTING THE "PEACE IN DA HOOD STREET FESTIVAL 2003" HELD ON AUGUST 16, 2003, IN THE CITY OF MIAMI. 43 September 11, 2003 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Chairman Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Chairman Winton: Thank you very much, and we did -- we look forward to working with y' all on lots of things in the future, so thank you. 6. DIRECT MANAGER TO SCHEDULE DISCUSSION OF VENDING ZONES AS REGULAR AGENDA ITEM; INSTRUCT ADMINISTRATION TO WORK WITH DOWNTOWN DEVELOPMENT AUTHORITY (DDA) AND DOWNTOWN MIAMI PARTNERSHIP (DMP) ON THIS ISSUE AND POSTPONE LOTTERY TO AWARD VENDOR SITES. Chairman Winton: Item Number 3, Mr. Ricardo de la Hoz; is he here? Yes, sir. Your name -- Ricardo de la Hoz: Present, Mr. Chairman. Chairman Winton: Your name and address for the record, please, sir. Mr. de la Hoz: My name is Ricardo de la Hoz, or Ricky (UNINTELLIGIBLE). My address is 414 Southwest 22nd Avenue. Chairman Winton: Yes, sir. Mr. de la Hoz: First, I would like to thank you, Mr. Chairman and members of the Commission, for the privilege to appear before you, sir. I come here regarding the downtown hot dog vendors, and we come here in distress because we need your help, and we need your help very badly. We have, since 1995, been regulated downtown by an ordinance number 11212, and if I may approach; I would like to give you some papers. Joe Arriola (City Manager): Commissioner, I think you should have brought samples. Mr. De la Hoz: OK. Well, we did, sir, and all we request from -- Mr. Chairman and the Commission, all we need is the opportunity to work. We don't ask for anything else. With Mr. 44 September 11, 2003 Joel Maxwell and me, and many other members with the downtown chairman and partnership, we met in 1995, and they made this ordinance; everything work perfectly. Now, in the papers that I gave you, the most important thing is that we're here is the elimination of vending zones. In this ordinance, in downtown Miami, these are the original 75 locations that were allocated to us vendors. Now, we, after -- in addition to that, we have to do all the requirements that the City requires us through the DDA (Downtown Development Authority). We get City license. We get Health Department license, state license, insurance. In addition, we pay franchise fees to the City for the privilege of using the sidewalks, so we, after it was regulated, abide to all those laws, and after we do all that, then we buy all the things that are required of us, we turn it in, and then they have a lottery, which is the fairest thing, to have a lottery, because the street are of the City; it doesn't belong to nobody, so when the lottery comes, they -- we go -- they go and they do a fair lottery. Now, the reason we are here is because out of the 75 locations, there're not even like 36 now, and the lottery is going to be next week, on the 17th, and there are like over a hundred people applying that we buy all the licenses, and there are only like 30 locations, so what are we going to do. In addition to that, if you see the paperwork, they make us sign something, a paper, a release, that when they start the construction, we have to leave, and we have no problem in beautification of downtown Miami; we are part of downtown, and we say, well, if construction starts and if we need to leave, we will leave, but as soon as they finish the street, we will able to work, we will be able to come back, but they make us sign a paper -- a release that as soon as they start, we have to leave, so we have over a hundred people that were paying all the licenses, were paying that, and we don't even know if we're going to be able to work, so we are asking you, sir, to help us. That's what we're asking. Chairman Winton: Mr. Manager, I don't know -- obviously, this is in my district. I don't know anything about this, so I think what we need to do is, we'll bring this back as a real agenda item. We need to get the -- Mr. de la Hoz: Thank you, sir. Chairman Winton: -- DMP (Downtown Miami Partnership) and the DDA together -- Mr. de la Hoz: Yes, sir. Chairman Winton: -- to meet with you, Mr. Manager. Mr. Arriola: The folks at DDA are on their way over, if you really want to talk -- Vice Chairman Teele: But they -- Chairman Winton: Oh, that's a little -- Vice Chairman Teele: -- have a problem. Didn't you say there's a bid next week? Chairman Winton: Yeah. Mr. de la Hoz: The problem is that there is a lottery next week. 45 September 11, 2003 Chairman Winton: So, you need to kind of get hold of them today. Mr. de la Hoz: I think I have a solution. Chairman Winton: Excuse me, please. Mr. de la Hoz: I'm sorry. Chairman Winton: You need to get hold of them today and get them over, and someone with your staff work with the DMP and the DDA and figure out what this is all -- this is the first time I've heard about it, so I'm completely in the dark, so I don't understand the rationale for why we've reduced. There may be some rationale. I don't know if there is rationale or not rationale, so Mr. Manager, could you jump in the middle of this, please? OK, and we will -- Mr. de la Hoz: Thank you, sir. Chairman Winton: -- put it on the regular agenda, so that this -- so we can flush this out. Mr. de la Hoz: And what happen with the lottery next week, sir? Chairman Winton: We'll probably postpone the lottery. Mr. de la Hoz: That would be the best thing, sir. Chairman Winton: OK. Mr. de la Hoz: Thank you for the time, and I appreciate it. Thank you, sir. Chairman Winton: Thank you. Mr. de la Hoz: Thank you. Vice Chairman Teele: Mr. Chairman -- Chairman Winton: In fact -- Vice Chairman Teele: -- this has come up about three times in the past, and you know, one of the compromises, just so that you have a little bit of record, is that we got them not to expand to the north. They wanted to expand these circles, and I sort of fought them off. About four years ago, they wanted to have the circles down in front of the Arena and in the Club District and all of that, so I'm very sympathetic to what they're doing now, because they did forebear expanding this problem -- I mean, this opportunity. It's a business opportunity for them, but it does represent a lot of, I think, urban challenges because it does sort of hurt, you know, businesses that are trying to get started, and those kind of things, and those kind of things, but this is a status quo and I'm really in favor of maintaining the status quo, and if they reduce the number of 46 September 11, 2003 people -- these -- most of these people, it's a livelihood, full-time livelihood for them, so we are affecting a lot of people. Chairman Winton: You know, like I said, first time I've heard about it, so I don't understand the logic, and if there's some compelling logic, we'll all hear about it, but I don't know what it is. OK. Thank you, sir. Mr. de la Hoz: Thank you, sir. 7. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF SOLE SOURCE, WAIVE REQUIREMENTS FOR COMPETITIVE BIDDING PROCEDURES AND APPROVE ACQUISITION OF RANGE 3000 XP4 TRAINING SIMULATOR, FROM IES INTERACTIVE TRAINING, INC., SOLE SOURCE PROVIDER, FOR DEPARTMENT OF POLICE, $55,800; ALLOCATE FUNDS FROM LAW ENFORCEMENT TRUST FUND Vice Chairman Teele: Mr. Chairman, we -- Chairman Winton: Yes. Vice Chairman Teele: -- received a request to defer Item Number -- oh, that's at 4 o'clock. We'll have to act on that at 4. Chairman Winton: Yes, that's at 4. OK. Item Number 5, so if we're going to -- there's lots of purchasing things here, so if y'all want to move quickly, we'll need motions and seconds, and if you have questions, let's just bring them up. Commissioner Sanchez: So moved. Chairman Winton: Got a motion and a second. Discussion. Being none, all in favor, "aye." Commissioner Regalado: What are we (INAUDIBLE) the agenda? Chairman Winton: Item 5. Commissioner Regalado: Item 5, OK. Chairman Winton: You ready? Commissioner Regalado: Yeah, I'm ready. Chairman Winton: OK. Any discussion on Item 5? Commissioner Sanchez: It's a public hearing. Chairman Winton: Being none -- 47 September 11, 2003 Commissioner Sanchez: It's a public hearing. Chairman Winton: It's a public hearing? Anyone from the public like to speak on Item 5? Anyone from the public like to speak on Item 5? If not, we'll close the public hearing. Any further discussion on Item 5? 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. 03-959 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE, WAIVING THE REQUIREMENTS FOR COMPETITIVE BIDDING PROCEDURES AND APPROVING THE ACQUISITION OF A RANGE 3000 XP4 TRAINING SIMULATOR, FROM IES INTERACTIVE TRAINING, INC., SOLE SOURCE PROVIDER, FOR THE DEPARTMENT OF POLICE, IN AN AMOUNT NOT TO EXCEED $55,800; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NUMBERS 690002 AND 690003 SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE UNITED STATES DEPARTMENT OF JUSTICE AND TREASURY, "GUIDE TO EQUITABLE SHARING." 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. 48 September 11, 2003 8. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF SOLE SOURCE; WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND AUTHORIZE ACQUISITION OF TWO AREA RAE GAS DETECTION SYSTEMS AND FOUR DETECTOR MONITORS, FROM RAE SYSTEMS, INC., SOLE SOURCE PROVIDER, TOTAL CONTRACT AMOUNT NOT $30,900, FOR DEPARTMENT OF FIRE - RESCUE; ALLOCATE FUNDS FROM FIRE -RESCUE HOMELAND DEFENSE PREPAREDNESS PROJECT. Chairman Winton: 6. Commissioner Sanchez: So move, Mr. Chairman. Chairman Winton: Need a second. Commissioner Gonzalez: Second. Chairman Winton: Got a motion and a discussion. I mean, motion and a second. Discussion. Is this a public hearing? Why are these two public hearings? Help me. Vice Chairman Teele: Yes, all of these -- Chairman Winton: You know why? Vice Chairman Teele: -- items are public hearings. Chairman Winton: Why are they public hearings though? Maria Chiaro (Assistant City Attorney): They're public hearings because you are either ratifying a finding by the City Manager or -- in this aggregate amount. They are waivers of our purchasing requirements. Chairman Winton: Well, because I'm slow and maybe not so smart in figuring this out. Mr. Manager, on this sheet here, in the future, would you put "public hearing" on these so I can -- so I -- so you can help the slow and the tardy here? OK. We have a public hearing on 6. Anyone from the public would like to speak on 6? If not, we'll close the public hearing. Any further discussion on 6? All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. 49 September 11, 2003 The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-960 A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR- FIFTHS (4/5THS) AFFIRMATIVE VOTE AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE AND WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES; AUTHORIZING THE ACQUISITION OF TWO AREARAE GAS DETECTION SYSTEMS AND FOUR DETECTOR MONITORS, FROM RAE SYSTEM, INC., THE SOLE SOURCE PROVIDER, FOR THE DEPARTMENT OF FIRE -RESCUE, IN AN AMOUNT NOT TO EXCEED $30,900; ALLOCATING FUNDS FROM FIRE -RESCUE HOMELAND DEFENSE PREPAREDNESS PROJECT NO. 313305, ACCOUNT CODE NO. 289307.6.840. 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. 9. DECLARE TWO PARCELS OF CITY -OWNED REAL PROPERTY LOCATED IN OVERTOWN AREA AS SURPLUS PROPERTY; DESIGNATE HABITAT FOR HUMANITY OF GREATER MIAMI, INC. AS DEVELOPER TO UNDERTAKE DEVELOPMENT OF TWO SINGLE-FAMILY HOMES, AFFORDABLE TO VERY LOW, LOW AND/OR MODERATE -INCOME FAMILIES AND/OR INDIVIDUALS. Chairman Winton: 7. Vice Chairman Teele: So move. Commissioner Sanchez: Second. Chairman Winton: Got a motion and a second on 7. Discussion. Public hearing? Good. Any further discussion on 7? Being none, all in favor, "aye." 50 September 11, 2003 The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-961 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DECLARING TWO (2) PARCELS OF CITY -OWNED REAL PROPERTY LOCATED IN THE OVERTOWN AREA AS SURPLUS PROPERTY, AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED; DESIGNATING HABITAT FOR HUMANITY OF GREATER MIAMI, INC., A NOT-FOR-PROFIT CORPORATION, AS DEVELOPER TO UNDERTAKE THE DEVELOPMENT OF TWO (2) SINGLE-FAMILY HOMES, AFFORDABLE TO VERY LOW, LOW AND/OR MODERATE -INCOME FAMILIES AND/OR INDIVIDUALS; AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND TO CONSUMMATE SUCH TRANSACTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, WHICH TERMS MAY BE AMENDED BY THE CITY MANAGER AS MAY BE NECESSARY TO EFFECT SUCH SALE IN AN EXPEDITIOUS MANNER. 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. Commissioner Winton: See, this says "public hearing items continued." How come that wasn't a public item then? Public hearing, but she says it wasn't. 51 September 11, 2003 10. EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND ENTITLED: "SCHOOL BOARD OF MIAMI-DADE COUNTY SUMMER READING PROGRAM" AND APPROPRIATE $316,965, PROVIDED TO CITY BY SCHOOL BOARD OF MIAMI-DADE COUNTY, PURSUANT TO RESOLUTION NO. 03-734, TO FUND ASSIGNMENT OF TWENTY-SIX TEACHERS AT CITY PARKS TO ENHANCE READING SKILLS OF CHILDREN ATTENDING SUMMER CAMP IN CITY PARKS. Chairman Winton: Item 8 has been deferred to 4:30. Item 9's a 3 p.m., so -- Priscilla A. Thompson (City Clerk): Items 9 through 15 are all scheduled for 3 o'clock. Chairman Winton: Oh, OK. Vice Chairman Teele: Item -- Ms. Thompson: Items 9 through 15. Commissioner Gonzalez: Item 9 what? Chairman Winton: 9 through 15 are time certain, 3 o'clock, so 15A we can take up now. Commissioner Sanchez: You could take up 10. Chairman Winton: She said 9 through 15 are -- Vice Chairman Teele: Time certain. Chairman Winton: -- tied together, time certain 3 o'clock. Commissioner Sanchez: Oh, OK. Yeah, it's CDBG (Community Development Block Grant). All right. Ms. Thompson: Correct. Commissioner Regalado: Well, you have 10 to go now. Chairman Winton: I'm sorry? Commissioner Regalado: 10. Commissioner Sanchez: No, it's -- Chairman Winton: No. She said -- Commissioner Sanchez: -- time certain, CDBG. 52 September 11, 2003 Commissioner Gonzalez: 9 through 15. Chairman Winton: 9 through 15 are -- Commissioner Sanchez: Yeah. Commissioner Regalado: Oh, 9 through 15. Chairman Winton: 9 through 15. Commissioner Regalado: Oh, I thought it was -- Commissioner Sanchez: Time certain, 5 o'clock. Commissioner Regalado: -- 9 and 15. Chairman Winton: So, now we go to 15A. Vice Chairman Teele: In the future, make sure the agenda coordinator puts the time on each one so it doesn't -- Commissioner Regalado: It's not -- Commissioner Gonzalez: Move 15A. Commissioner Regalado: -- here. Ms. Thompson: It's on the front -- Vice Chairman Teele: No, no. Make sure it's -- Ms. Thompson: -- on each page. Vice Chairman Teele: -- on each one. Chairman Winton: Yeah, but we -- yeah, we can't -- Ms. Thompson: All right. Chairman Winton: -- figure that out. I mean, it's too -- we can, but it's too hard. OK. Commissioner Gonzalez: Move 15A. Commissioner Sanchez: Second. 53 September 11, 2003 Chairman Winton: We have a motion and a second on 15A. Discussion. Public hearing, Madam Attorney? OK. Ms. Thompson: Emergency ordinance. Chairman Winton: Motion and a second. I'm sorry? Commissioner Sanchez: It's an ordinance. Ms. Thompson: Emergency ordinance. Chairman Winton: Oh, it is an emer -- yes. Read the ordinance, please. Ms. Thompson: First -- Chairman Winton: Roll call, please. Ms. Thompson: First roll call. Second roll call. An Ordinance Entitled — AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED "SCHOOL BOARD OF MIAMI-DADE COUNTY SUMMER READING PROGRAM" AND APPROPRIATING FUNDS, IN THE AMOUNT OF $316,965, PROVIDED TO THE CITY OF MIAMI ("CITY") BY THE SCHOOL BOARD OF MIAMI-DADE COUNTY, PURSUANT TO RESOLUTION NO. 03-734, TO FUND THE ASSIGNMENT OF TWENTY-SIX (26) TEACHERS AT CITY PARKS TO ENHANCE THE READING SKILLS OF CHILDREN ATTENDING SUMMER CAMP IN CITY PARKS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Gonzalez and seconded by Commissioner Sanchez, for adoption as an emergency measure, and dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None ABSENT: None. 54 September 11, 2003 Whereupon the Commission on motion of Commissioner Gonzalez and seconded by Commissioner Sanchez, adopted said ordinance by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12399. The ordinance was read by title into the public record by the Assistant City Attorney. Ms. Thompson: The ordinance is adopted as an emergency measure, 5/0. 11. SECOND READING ORDINANCE: AMEND SECTIONS 22-2, 22-14 AND 22-93 OF CITY CODE ENTITLED "GARBAGE AND OTHER SOLID WASTE/IN GENERAL/ENFORCEMENT AND ADMINISTRATION" TO UPDATE CERTAIN SECTIONS AND PROVIDE FOR MORE STRINGENT ENFORCEMENT OF LITTER VIOLATIONS. Chairman Winton: 16, second reading ordinance. Commissioner Gonzalez: Move 16. Commissioner Sanchez: Second. Chairman Winton: Motion, second. Discussion. Read the ordinance, please. Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. 55 September 11, 2003 An Ordinance Entitled - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22/ARTICLE I AND III, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "GARBAGE AND OTHER SOLID WASTE/ IN GENERAL/ENFORCEMENT AND ADMINISTRATION" TO UPDATE CERTAIN SECTIONS AND PROVIDE FOR MORE STRINGENT ENFORCEMENT OF LITTER VIOLATIONS; MORE PARTICULARLY BY AMENDING SECTIONS 22-2, 22-14 AND 22-93 OF SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. was passed on its first reading, by title, at the meeting of July 17, 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 Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12400. The ordinance was read by title into the public record by the Assistant City Attorney. Ms. Thompson: The ordinance is adopted on second reading, 5/0. 56 September 11, 2003 12. SECOND READING ORDINANCE: AMEND CHAPTER 2/ARTICLE V OF CITY CODE ENTITLED "ADMINISTRATION/CONFLICTS OF INTEREST," TO ALLOW EMPLOYEES TO PARTICIPATE IN FEDERAL ECONOMIC DEVELOPMENT PROGRAMS ADMINISTERED BY DEPARTMENT OF COMMUNITY DEVELOPMENT PROVIDED THAT EMPLOYEE IS IDENTIFIED AS BEING AN EMPLOYEE OF CITY IN APPLICABLE DOCUMENTS. Chairman Winton: 17, second reading ordinance. Vice Chairman Teele: So move. Chairman Winton: Motion. Commissioner Gonzalez: Second. Chairman Winton: Second. Discussion. Commissioner Sanchez: I'm -- going to be a 4/1, I can guarantee you that. Chairman Winton: Right. Read the ordinance, please. Roll call. Priscilla A. Thompson (City Clerk): Roll call. Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Commissioner Sanchez? Commissioner Sanchez: No. Ms. Thompson: Commissioner Gonzalez? Commissioner Gonzalez: Yes. Ms. Thompson: Commissioner Teele? Vice Chairman Teele: Yes. Ms. Thompson: Chairman Winton? Chairman Winton: Yes. 57 September 11, 2003 An Ordinance Entitled - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/CONFLICTS OF INTEREST," TO ALLOW EMPLOYEES TO PARTICIPATE IN FEDERAL ECONOMIC DEVELOPMENT PROGRAMS ADMINISTERED BY THE DEPARTMENT OF COMMUNITY DEVELOPMENT PROVIDED THAT THE EMPLOYEE IS IDENTIFIED AS BEING AN EMPLOYEE OF THE CITY IN APPLICABLE DOCUMENTS; MORE PARTICUARLY BY AMENDING SECTION 2-612 OF SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. was passed on its first reading, by title, at the meeting of July 17, 2003, was taken up for its second and final reading, by title and adoption. On motion of Vice Chairman Teele, seconded by Commissioner Gonzalez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado NAYS: Commissioner Joe Sanchez ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12401. The ordinance was read by title into the public record by the City Attorney. Ms. Thompson: The ordinance is adopted on second reading, 4/1. 58 September 11, 2003 13. SECOND READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND ENTITLED: "STATE OF FLORIDA EMERGENCY MEDICAL SERVICES (EMS) MATCHING GRANT M3004 AWARD (FY 2003)," FOR IMPLEMENTATION OF PUBLIC ACCESS DEFIBRILLATION (PAD) PROGRAM, AND APPROPRIATE FUNDS FOR OPERATION OF SAME, $161,989, CONSISTING OF GRANT $121,492, FROM STATE OF FLORIDA DEPARTMENT OF HEALTH, WITH MATCHING FUNDS, OF $40,497, ALLOCATED FROM CITY OF MIAMI OPERATING BUDGET. Chairman Winton: 18, second reading ordinance accepting a grant. Need a motion. Vice Chairman Teele: So move. Commissioner Gonzalez: Move 18. Chairman Winton: Motion, second. Vice Chairman Teele: Second. Chairman Winton: Discussion. Read the ordinance, please. Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. An Ordinance Entitled - AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "STATE OF FLORIDA EMERGENCY MEDICAL SERVICES ("EMS") MATCHING GRANT M3004 AWARD (FY 2003)," FOR THE IMPLEMENTATION OF A PUBLIC ACCESS DEFIBRILLATION ("PAD") PROGRAM, AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN THE AMOUNT OF $161,989, CONSISTING OF A GRANT, IN THE AMOUNT OF $121,492, FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH, WITH MATCHING FUNDS, IN THE AMOUNT OF $40,497, ALLOCATED FROM THE CITY OF MIAMI OPERATING BUDGET, ACCOUNT CODE NO. 001000.921002.6.270; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT 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. 59 September 11, 2003 was passed on its first reading, by title, at the meeting of July 24, 2003, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Gonzalez, seconded by Vice Chairman Teele, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12402 The ordinance was read by title into the public record by the City Attorney. Ms. Thompson: The ordinance is adopted on second reading, 5/0. 14. SECOND READING ORDINANCE: AMEND SECTION 38-8 OF CITY CODE, AS AMENDED, ENTITLED "PARKS AND RECREATION, IN GENERAL, USE OF MANUEL ARTIME COMMUNITY CENTER" BY REPEALING SECTION 38.8 IN ITS ENTIRETY AND SUBSTITUTING IN LIEU THEREOF NEW SECTION 38.8 TO CLARIFY RATES FOR USE OF MANUEL ARTIME THEATER AND ESTABLISH NEW RATES TO MAXIMIZE USE OF FACILITY AMEND SECTION 53-1 OF CITY CODE ENTITLED "STADIUMS AND CONVENTION CENTER, IN GENERAL, TICKET SURCHARGE ON PAID ADMISSION TO EVENTS," TO EXEMPT ASSESSMENT OF SURCHARGE PAYMENT ON PAID ADMISSIONS AT MANUEL ARTIME COMMUNITY CENTER. Chairman Winton: 19, second reading ordinance -- Commissioner Gonzalez: Move 19. Chairman Winton: -- setting rates. I got a motion. Commissioner Regalado, second? Commissioner Sanchez: Second. Chairman Winton: Got a motion and a second. Discussion. Read the ordinance, please. Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. 60 September 11, 2003 An Ordinance Entitled - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38, ARTICLE I, SECTION 38-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PARKS AND RECREATION, IN GENERAL, USE OF MANUEL ARTIME COMMUNITY CENTER" BY REPEALING SECTION 38.8 IN ITS ENTIRETY AND SUBSTITUTING IN LIEU THEREOF A NEW SECTION 38.8 TO CLARIFY THE RATES FOR THE USE OF THE MANUEL ARTIME THEATER AND ESTABLISH NEW RATES TO MAXIMIZE THE USE OF THE FACILITY; FURTHER AMENDING CHAPTER 53, ARTICLE 1, SECTION 53-1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STADIUMS AND CONVENTION CENTER, IN GENERAL, TICKET SURCHARGE ON PAID ADMISSION TO EVENTS," TO EXEMPT ASSESSMENT OF A SURCHARGE PAYMENT ON PAID ADMISSIONS AT THE MANUEL ARTIME COMMUNITY CENTER; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. was passed on its first reading, by title, at the meeting of July 24, 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 Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12403. The ordinance was read by title into the public record by the City Attorney. Ms. Thompson: The ordinance is adopted on second reading, 5/0. 61 September 11, 2003 15. SECOND READING ORDINANCE: AMEND CHAPTERS 2 AND 12.5 OF CITY CODE, AS AMENDED, BY AMENDING CHAPTERS ENTITLED "ADMINISTRATION" AND "COMMUNITY REVITALIZATION" WHICH CREATED LITTLE HAVANA HOMEOWNERSHIP TRUST BY REPEALING ALL SECTIONS RELATED TO TRUST, AND SUBSTITUTING IN LIEU THEREOF NEW SECTIONS ESTABLISHING LITTLE HAVANA HOMEOWNERSHIP ADVISORY BOARD. Chairman Winton: Item 20 was deferred. Go to 21, second reading ordinance. Commissioner Sanchez: So move. Commissioner Gonzalez: Second. Chairman Winton: Motion, second. Discussion. Being none, read the ordinance, please. Roll call. Priscilla A. Thompson (City Clerk): Roll call. An Ordinance Entitled - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTERS 2 AND 12.5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING THE CHAPTERS ENTITLED "ADMINISTRATION" AND "COMMUNITY REVITALIZATION" WHICH CREATED THE LITTLE HAVANA HOMEOWNERSHIP TRUST (THE "TRUST") PURSUANT TO ORDINANCE NO. 12356, ADOPTED APRIL 10, 2003, BY REPEALING ALL SECTIONS RELATED TO THE TRUST, AND SUBSTITUTING IN LIEU THEREOF NEW SECTIONS ESTABLISHING THE LITTLE HAVANA HOMEOWNERSHIP ADVISORY BOARD ("ADVISORY BOARD") BY DEFINING THE GEOGRAPHIC BOUNDARIES FOR THE DISTRICT, SETTING FORTH THE BOARD'S PURPOSE, POWERS AND DUTIES, PROVIDING FOR COMPOSITION AND APPOINTMENTS AND PROCEDURES, TERMS OF OFFICE, VACANCIES, MEMBERSHIP QUALIFICATIONS, ATTENDANCE REQUIREMENTS, OFFICERS; OATH, QUORUM AND VOTING, MEETINGS, ABOLISHMENT, SPECIFICALLY DESIGNATED PERSONNEL BY THE CITY MANAGER TO ACT AS LIAISON TO THE ADVISORY BOARD, COUNSEL, BUDGET APPROVAL AND ANNUAL REPORT AND PROVIDING FOR "SUNSET" REVIEW; MORE PARTICULARLY BY AMENDING SECTION 2-892 AND DIVISION 3 TO CHAPTER 12.5, OF THE CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR INCLUSION IN THE CITY CODE. 62 September 11, 2003 was passed on its first reading, by title, at the meeting of July 24, 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 Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12404. The ordinance was read by title into the public record by the City Attorney. Ms. Thompson: The ordinance is adopted on second reading, 5/0. 16. FIRST READING ORDINANCE: ACCEPT GRANT FROM CORAL GABLES HOSPITAL/TENET SOUTH FLORIDA HEALTHSYSTEM AND TENET FOUNDATION, TO ESTABLISH NEW SPECIAL REVENUE FUND ENTITLED "CORAL GABLES HOSPITAL/TENET FOUNDATION CONTRIBUTION" AND APPROPRIATE FUNDS FOR OPERATION OF SAME, $1,500. Chairman Winton: Item 22 is accept -- Commissioner Gonzalez: Move 22. Commissioner Sanchez: Second. Chairman Winton: -- grant -- ordinance. Motion, second. Discussion. Being none, read the ordinance, please. Roll call. Priscilla A. Thompson (City Clerk): Roll call. 63 September 11, 2003 An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION ACCEPTING A GRANT FROM CORAL GABLES HOSPITAL/TENET SOUTH FLORIDA HEALTHSYSTEM AND TENET FOUNDATION, TO ESTABLISH A NEW SPECIAL REVENUE FUND ENTITLED "CORAL GABLES HOSPITAL/TENET FOUNDATION CONTRIBUTION" AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $1,500; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO ACCEPT THE GRANT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Gonzalez, seconded by Commissioner Sanchez, and was passed on first reading, by title only, by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Ms. Thompson: The ordinance is passed on first reading, 5/0. 17. FIRST READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND ENTITLED "MIAMI-DADE COUNTY MUNICIPAL CONTINUITY OF OPERATIONS (COOP) PLAN GRANT AWARD (FY 2003)," CONSISTING OF GRANT, $75,000, FROM STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS, AND APPORTIONED BY MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS OFFICE OF EMERGENCY MANAGEMENT, FOR DEVELOPMENT OF COOP PLAN IN ACCORDANCE WITH FEDERALLY FUNDED SUBGRANT AGREEMENT NO. 03 -FT -1B- 11-23-01. Chairman Winton: 23, ordinance -- Commissioner Gonzalez: Move 23. Chairman Winton: Need a second. Commissioner Sanchez: Second. 64 September 11, 2003 Chairman Winton: Motion and a second. Discussion. Being none, read the ordinance, please. Roll call. Priscilla A. Thompson (City Clerk): Roll call. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED "MIAMI-DADE COUNTY MUNICIPAL CONTINUITY OF OPERATIONS ("COOP") PLAN GRANT AWARD (FY 2003)," CONSISTING OF A GRANT, IN THE AMOUNT OF $75,000, FROM THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS, AND APPORTIONED BY THE MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS OFFICE OF EMERGENCY MANAGEMENT FOR THE PERIOD OF JUNE 20, 2003 THROUGH APRIL 16, 2004, FOR THE DEVELOPMENT OF A COOP PLAN IN ACCORDANCE WITH THE FEDERALLY FUNDED SUBGRANT AGREEMENT NO. 03 -FT -1B-11-23-01; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Gonzalez, seconded by Commissioner Sanchez, and was passed on first reading, by title only, by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Ms. Thompson: The ordinance is adop -- I'm sorry, passed on first reading, 5/0. 65 September 11, 2003 18. FIRST READING ORDINANCE: AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS" TO ESTABLISH REASONABLE TIME, PLACE AND MANNER REGULATIONS CONCERNING MATERIALS AND OBJECTS THAT MAY BE POSSESSED, CARRIED OR USED BY THOSE PARTICIPATING IN PARADES AND DEMONSTRATIONS, MORE PARTICULARLY BY ADDING NEW SECTION 54-6.1 TO SAID CODE. Chairman Winton: OK, 24 is withdrawn. 25, we should have some discussion on, I'm assuming. But we need a motion anyhow. Commissioner Sanchez: So move. Chairman Winton: Motion. Commissioner Gonzalez: Second for discussion. Chairman Winton: Second. Discussion. Commissioner Gonzalez, Commissioner Regalado. Commissioner Gonzalez, you're recognized. Commissioner Gonzalez: Yes. I'd like someone to explain to me what this is all about. Maria Chiaro (Assistant City Attorney): Commissioner, this ordinance was drafted in anticipation of events that are in the future in the City of Miami, in consideration of what has happened in other cities related to the kinds of materials that can be carried in demonstrations and parades. It lists various kinds of prohibited materials, and it lists the kinds of actions that will be prohibited in demonstrations and parades, with specificity. Commissioner Regalado: Are we prohibiting also tactic and nuclear weapons? Chairman Winton: Yes, it is. Commissioner Gonzalez: OK. Commissioner Regalado: Mr. Chairman? Vice Chairman Teele: Yes. Commissioner Regalado: I have an amendment. I don't know -- who moved it? Joe, you did? Commissioner Sanchez: Mm-hmm. Commissioner Regalado: OK. Well, I am asking the mover to see if he would consider an amended version that all these provisions, all these details will sunset on midnight, November 27, Thanksgiving Day of the year 2003, all of them. That would be -- 66 September 11, 2003 Commissioner Sanchez: Right after the FTAA (Free Trade Area of the Americas). Commissioner Regalado: Huh? Commissioner Sanchez: Right after the FTAA. Commissioner Regalado: Immediately after the FTAA. This is Thanksgiving Day. Well, it's about four days or five days after the end of the meeting -- three days after. Commissioner Gonzalez: You know -- Vice Chairman Teele: Is that acceptable to the maker of the motion? Commissioner Gonzalez: I still have a concern here, because, you know, on the language here, it has me a little bit concerned. It says the purpose and intent of this legislation is to establish reasonable time, place and manner, restrictions for parades. We are getting into an area of the time that the people will be allowed to demonstrate, the manner that they will be allowed to demonstrate. You know, if we're going to pass a legislation that prohibits these demonstrators or any demonstrator, by the way, any demonstrator from carrying the sticks, and pipes, and I will support that a hundred percent, because we don't have -- we have -- you know, we have to protect our police officers and our citizens, and now, when we start talking about, you know, pretty soon, we're going to be restraining signs and we're going to be restraining freedom of speech and -- you know. I'm a little bit concerned with this. Commissioner Regalado: Mr. Chairman -- Vice Chairman Teele: Excuse me, one moment. Is the recommended change acceptable to the maker of the motion? Commissioner Sanchez: No, sir, and I'll explain why -- Vice Chairman Teele: OK. Hold on, just a moment. Commissioner Sanchez: -- when I'm addressed. Commissioner Regalado: OK. Vice Chairman Teele: So that the Chairman is aware, Commissioner Regalado has to be recognized. He outlined a sunset provision. Just simply stated, he proposed that the ordinance be sunsetted in November, right after -- around Thanksgiving. The discussion is getting ready to move on, and this is a public hearing, and I don't think we've heard from anyone from the public yet, have we? Commissioner Regalado: Can I be recognized just -- ? Vice Chairman Teele: Commissioner Winton has the floor. 67 September 11, 2003 Chairman Winton: Yes, sir. Commissioner Regalado: Look, I just don't want to be remembered as the person that contribute -- that one of our police officers was hurt, because of a violent demonstration in downtown Miami, so that's why I suggested that sunset, but if there is no way to do this other than what is here, I will not vote for it, because I think that we are not in the business of controlling the people's will to protest. We are not in the business of telling the people how, when and at what time, and how are they going to express their thoughts. I was very troubled by the fact that during the Grammys, non -demonstration or small demonstrations, protestors were told that they would not be allowed to carry bull horns. Now, this is a City of many cultures, and this is a City of protest, because we have many issues. We have the Haitian community that is very noisy, because that's the way Caribbean culture is. We have the Cuban community that when either a party or a protest, we are very noisy. We have the Venezuelan people, Colombians, and mind you, all, if not all the protests within the Greater Miami area are held within the City of Miami municipal boundaries. Downtown Miami, Little Havana, Little Haiti, so you know, I ask my fellow Commissioners, do not do this, because if we do this Citywide, forever, we will be curtailing the same liberties for which many of the residents in this City came, and you know, it's sad that in a City that celebrates diversity, in a City that is known for being the capital of the exiles of many countries -- Nicaragua, and Colombians, and people that are running away from tyranny, we will start the road to have something that they have in Cuba, which is an article of the code that can get you in jail for one year, because you may be planning to commit a crime. Just by thinking that you may be committing a crime, the Cuban security can take you to jail, so I think that having in the record what happened in other cities where anti-globalists went, the Police Department should be protected, but to me, that's it. No more. Then we should go back to normal, because, after all, protest is the American way. It's not the Cuban way. It's not the Haitian way. It is the American way. We learn this in this country. In Cuba, people cannot protest. They are shot. They go to jail. Here, they may be going if we approve this, so Mr. Chairman, this is all I have to say. Chairman Winton: Thank you. Thank you. Commissioner Sanchez, and then Madam City Attorney, you would like to comment. Commissioner Sanchez: Mr. Chairman, we're amending a 20 year old ordinance, and if I told you 20 years ago that you would have to basically get almost naked and take off your shoes to go through a metal detector at an airport, you would laugh at me, but taking into consideration reality after 911, we live in a different world, in a world where there are people out there that are going to do harm, and in protests, I'm all -- first of all, everybody's got the right to protest, peaceful protest, and in light of the FTAA, and in the WTO that's happening now in Mexico, where you're seeing all the violence that's going on, I mean, we have to implement these laws to protect not only the Police Department, but the people, our people. One of the things that this ordinance does that it did not do in the past, it prohibits people from, you know, having knives, guns, chunks of concrete, rock, pipes, things that could be used as a weapon. Now, I could understand your point, and after your discussion, I'm willing to reconsider or amend it a little bit, but under the discretion maybe of the City Chief, the Chief of Police to determine when in situations like this we can implement this ordinance, and this is -- the FTAA is a 68 September 11, 2003 perfect example of -- well, let's say we host -- a year from now, we host another event that we anticipate violence, or we anticipate a large protest that we could give the Chief of Police the right as the Chief of Police to implement the ordinance or take effect, but once again, I mean, we live in a different world. After 911, our lives changed, and we have to accept that. Chairman Winton: Thank you. Now, Madam City Attorney. Ms. Chiaro: I just want to address a couple of the comments that were made. The City is entitled to enact reasonable time, place and manner restrictions. We believe that this ordinance, as drafted, is constitutional. If you will look at this ordinance, it has significantly more recitations -- that is "whereas" clauses -- that set forth the reasons that this ordinance is drafted the way it is. The limitations in it and the words in it are reasonable time, place and manner restrictions, in light of the fact that First Amendment rights of expression are to be protected, so that in looking at the ordinances and the laws around the country that impose restrictions on parades and demonstrations, that was what was taken into consideration in the language that's used in drafting this ordinance. It is the minimal amount to protect the police in situations that have been in the most recent past causing these kinds of ordinances to be drafted. We believe it's constitutional as drafted, in conjunction with input from the Police Department and I wanted to make sure that you all recognized the "whereas" clauses and statements that were made in them to protect First Amendment speech. Chairman Winton: Thank you. Commissioner Sanchez: Madam Attorney, does it uphold the First Amendment rights of the protestors, in your view? Ms. Chiaro: Yes. Chairman Winton: Thank you. Commissioner Sanchez: OK, and the other concern, just not to be at odds here with my colleagues, but would the Chief have the sole discretion to -- or the City Manager, or whoever it may be, to implement this ordinance or law in certain events? I mean, certain events, such as the FTAA, or the WTO, or big conferences that we anticipate protest? I mean, we're not going to do it in our local parades, because we -- you know what sold me on here is the different cultures that we have. You know, I could anticipate, you know, somebody in a parade with a machete, you know, but that's something that's a weapon that could be used to harm other people, so -- Chairman Winton: Commissioner Gonzalez. Commissioner Gonzalez: Yeah, let me tell you, I have a serious problem supporting this resolution, and the reason is, not long ago, we had the case of Elian Gonzalez, where people didn't carry sticks, didn't carry pipes, didn't carry anything. They were pulled out of their cars by the Police Department. They were beaten. They were kicked. They were spit on. They were -- you know, so something like this, I cannot support. I mean, I don't know if you have 69 September 11, 2003 ever been a part of a demonstration, if you have been demonstrating, but I have, in the case of Cuba, and I have been pushed, and I have been harassed, and I've been -- you know, and ever since I've been on the other side of the fence, I want to make sure that we do something fair and something that it is, you know, fair to everyone. I will support anything that will prevent any of our officers getting hurt, any of our citizens being hurt, because I'm not going to put our officers in the -- in danger, but you know, this goes too far. To me, this goes too, too far, and now, we're going to use in this occasion, eventually a month from now, we're going to have a demonstration due to some Cubans that are being held in prison in Panama, and we're going to use the same tactics, and the same type of maneuvers against those demonstrators, and it's going to be -- you know, pretty soon, we're not going to be able to open our mouths in this City, so I can't support this. Vice Chairman Teele: Mr. Chairman. Mr. Chairman. Chairman Winton: Commissioner Teele. Vice Chairman Teele: Before we discuss it, I think we ought to -- because this is obviously of great importance to the public. We ought to let the Attorney explain or the Chief explain what the ordinance does before we explain what it does and doesn't do, and then, we ought to hear from the public, because I think any time we're dealing with a matter that raises First Amendment, we really ought to conform to our own procedures, because whatever happens could wind up being in litigation, and I would just urge that we give sufficient time to anyone from the public to be able to speak on it before we speak on it. Obviously, we're going to have the last word, but I would like to hear from the Attorney or the Chief what the ordinance does, and I would like to hear from the Chief expressly, why he thinks the ordinance is necessary, if you feel that it's necessary. Chairman Winton: Chief. Chief John Timoney: Good morning. Chief of Police John Timoney, and I do believe, given the history of specific types of protest, World Economic Forum, FTAA, that this legislation is necessary. However, I take no second seat to anybody in this room when it comes to the right to protest and freedom of speech. Let's say that from the get -go. There is in this situation a great deal of discretion that will be used. What it's meant to do is prevent people who are going into a protest area that's a fixed area or a demonstration, a moving demonstration in a parade from carrying certain weapons, so if you have a rock, or a bottle, a police officer will tell you, if you want to go into the demonstration area or you want to march, you've got to get rid of the rock, or the bottle or the stick. You've got a perfectly legitimate right to carry those items, but not in the demonstration area and not during the march. Just like if you were going to a Miami Dolphin game -- I know that `s a private venue -- you can't bring in bottles. There are a whole host of things you can't bring in. In this situation, the same thing applies. There will be a great deal of discretion. Police officers executing this law or any other law where there isn't an emergency -- in other words, if there is peaceful protest, or if somebody sits down in an intersection, blocking traffic, and there's nobody's life in danger, they may be subject to arrest, but it'll be arrest as a result of the direction of a higher ranking official at the scene. All right? Police officers will not have the discretion to make arrests in non -emergency 70 September 11, 2003 situations. It must be at the direction of a supervisor, and so what this -- it is not meant to control freedom of speech, freedom of assembly, the right to protest, the right to demonstrate. What it's meant to do is to control weapons that certain -- a certain small percentage of protestors have shown a history and a proclivity to use to injured police officers and other peaceful protestors. Chairman Winton: Thank you. Yes, sir. Vice Chairman Teele: Mr. Chairman, would you allow the Attorney to explain the ordinance, though, still? Chairman Winton: Yes. Ms. Chiaro: The ordinance provides basically three parts. It provides a definition, very specifically, of what is an assembly, or parade or demonstration. It says that any gathering of more -- three or more persons, so that there is some control. Now, the reason that -- Commissioner Regalado: Excuse me. How many persons you said? Chairman Winton: Three or more. Ms. Chiaro: Three or more persons. Commissioner Regalado: Three or more? Ms. Chiaro: Three or more persons. Commissioner Regalado: So anybody in the Versailles drinking coffee could be subjected to this ordinance? Ms. Chiaro: It's part of -- Chairman Winton: All of the people standing at the little cafecito windows -- Commissioner Regalado: Huh? So three or more, so suppose -- suppose there's somebody drinking coffee in front of one of those front stores is carrying an iron umbrella. That is a weapon. Ms. Chiaro: It doesn't apply like that. If I could just explain the way the definition is -- Commissioner Regalado: Suppose that the umbrella has a sign that says "down with Fidel Castro"? That's a banner. Chairman Winton: Commissioner Regalado, let's let her finish, and then you can come back with your questions. 71 September 11, 2003 Ms. Chiaro: The number was taken from the State Statute. It is a demonstration or assembly for a specific purpose, and then the prohibitions that are listed in the ordinance, and that was the next purpose of the ordinance. The prohibitions relate to several groups of types of weaponry, defined very specifically, because if the word, "weapon" is used without definition, then there is too broad a discretion, so that the weapon -- what is used as a weapon -- a projectile, rocks, bricks, ball bearings -- that's very specifically defined, so as not to include such things as umbrellas, so that's the next part of the ordinance, and in detail, it talks about all kind of things that are weapons. The next part of the ordinance talks about what is prohibited in terms of protecting the police department when the law enforcement agency, whoever that may be, attempts to control those with weapons, and it describes what's prohibited in terms of anti -weaponry. That is bulletproof vests; that is types of pipes that are linked together; chains that are linked together, that sort of thing. It next talks about protecting disabled so that none of the -- none of the equipment that's used by disabled persons is included here, and then it talks about the protection of First Amendment rights, so that's the way the ordinance is set forth. It is enacted just -- it's enacted to take into consideration that which has been used in recent times as weaponry in demonstrations. It has language that comes from the research and the various kinds of creative ways that demonstrators try to thwart police protection. Commissioner Regalado: Excuse me. You didn't mention sticks in your weapons description. You didn't mention -- You said rocks, projectiles, bottles. Ms. Chiaro: There is much more than just what I mentioned. Commissioner Regalado: Ah, ah. Chairman Winton: Is it written in here? Ms. Chiaro: It is written in the ordinance with specificity. Chairman Winton: So what section is that written in, so I can read it? Vice Chairman Teele: One, two, three four and five. Chairman Winton: So, Commissioner Regalado, you might want to -- Vice Chairman Teele: Eight ball gun, hairclip. Commissioner Regalado: Mr. Chairman -- Ms. Chiaro: And just to finish one more statement, all of this applies on a public right-of-way, so that drinking coffee in Versailles with an umbrella wouldn't fit under the parameters of this ordinance. Chairman Winton: And Commissioner Regalado, if you don't mind, I'd like to hear from the public. 72 September 11, 2003 Commissioner Regalado: No, no, problem, Mr. Chairman. Chairman Winton: And I would like to weigh in, and then I would recognize you again, if you don't mind. Commissioner Regalado: Sure. Chairman Winton: Yes, sir. Randall Marshall: Thank you, Mr. Chairman. My name is Randall Marshall. I'm with the American Civil Liberties Union of Florida, 4500 Biscayne Boulevard, and Commissioners, the proposed amendments show the perils of enacting a law to target a specific event; in this case, the anticipated FTAA protest in November. We are somewhat struck by the similarity of the rough passage of the USA Patriot Act, following the terrible tragic event of two years ago today, but now, as the broad scope of that law raises serious issues regarding our cherished civil liberties, communities across the nation have called upon Congress to scale back what was hastily passed. The City of Miami should not today make that same mistake. There is no doubt that there are legitimate security concerns raised by the anticipated protest, but enacting this ordinance without having thought through the serious problems raised by its broad brush appeal -- approach will chill protected First Amendment activities that occur on a regular basis in the City of Miami. Enacting this ordinance now to address the FTAA protest will set a dangerous precedent that will apply to many other events. Although I was concerned when I first came here today about the breadth of this ordinance, hearing the City Attorney's Office and the Chief of Police talk about the discretion to decide when to use the ordinance I think is even far more troublesome, because it raises the specter that because of the message that's being communicated, the ordinance will be enacted. That is a severe constitutional problem. In fact, if this ordinance were in effect ten days ago, it would have made criminals out of many of the peaceful demonstrators at the Latin Grammys, because they held signs and banners that would be banned under this ordinance, and while we -- you note that the proposed ordinance first distinguishes between parades and demonstrations, all of the provisions apply equally to parades and demonstrations, and they're broad enough to encompass even small daily gatherings. It does not require three people. It requires people, animals or vehicles. A person in a car with their dog could be covered by this ordinance, and while "assembly" is defined, "demonstration" is not defined, and "demonstration" is defined under both a parade and assembly. There's some very serious drafting problems going on here. This ordinance would apply equally to the annual corporate run, the Grand Prix, King Mango Strut, Martin Luther Day King Parade, Three Kings Parade, annual celebrations on Calle Ocho, Peace in the Hood that we heard about earlier today. It permits a single officer at any event to make a decision, with unfettered discretion, that an object carried by or in the possession of an individual is unlawful; severely restrains the ability to organize a parade in the City of Miami, and the breadth of the ordinance fails to give parade and demonstration participants a fair warning of what is permitted and what is prohibited. Will these changes be applied equally to participants at the Martin Luther King Day Parade as to an Orange Bowl Parade? We suspect not. Or will it place in the hands of individual officers at their whim to make decisions about enforcement, based on the content of the message? Remember that while this is aimed at just the FTAA protest, it applies across the board, so the ordinance would prohibit the use of a starting gun at 73 September 11, 2003 the annual corporate run; may prohibit the mechanism for starting the Grand Prix, if a flag is too big or the stick that holds it is too big. Paragraphs 2 and 4 would prohibit virtually any and every float in a parade, because of the materials that it's constructed out of. It would prohibit the use of stilts during the King Mango Strut. Jugglers would be prohibited under this ordinance. A football would be prohibited in a Super Bowl celebration parade. Chairman Winton: Excuse me. I think we're getting the point. Mr. Marshall: OK. Sure. The problem is, it makes many things on a daily basis illegal, and the list could go on and on. It's a product of -- failure of the drafters of these changes to consider the effect of their broad chosen language. It also doesn't take into account legitimate uses for various items. For example, it would prohibit the possession of a gas mask, or a surgical mask, or any other filter that a person might wear to protect against contamination from many sources. Therefore, if you had a respiratory illness and you appeared in public at a demonstration with a gas mask or a surgical mask, you could be arrested. A demonstration by people based on complaining about the government's failure to protect the public against SARS could be prohibited, because it allows the -- it prohibits the wearing of that kind of a mask, and it criminalizes a person's personal decision to wear a vest to protect themselves against who knows what could go on. Simply put, this proposed legislation is ill advised, poorly thought through and full of detrimental consequences to the fabric of our lives here in the City of Miami. Indeed, the lack of a thorough analysis of these proposals is made evident by the applications of these provisions even to City of Miami police officers, themselves. There is no exemption for police officers in this ordinance, so a strict reading of this ordinance would require police officers to disarm before they could attend a demonstration. We urge the City Commission to reject this proposed ordinance in its entirety and not make the mistake of curtailing protected First Amendment activities in anticipation of one event. Police have the tools already necessary to arrest, and the courts can prosecute and punish those who otherwise violate the law. Thank you. Commissioner Sanchez: Mr. Chairman. Chairman Winton: I'd like to weigh in, please. Commissioner Sanchez: Yes. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: Would you see if there's anyone else from the public? I want to -- Chairman Winton: Sure. Good point, good point. Anyone else from the public like to comment on this item? Yes, sir. Charles Cutler: Good morning, Commissioners. I think the point this gentleman -- 74 September 11, 2003 Chairman Winton: Name and address, please. Mr. Cutler: Charles Cutler, 706 Northwest 4th Avenue. I think the point that this gentleman made is a concern especially within the inner City community, because in a lot of instances, laws are being used to actually victimize citizens, and in terms of the actual way that it's being interpreted in the court system, once something like this is passed, then the judicial system will have a tendency to lean in the favor of the officers, and I think that the Commissioners really should be very careful about the decision that you make in terms of protecting the rights of the citizens in this community. Thank you. Chairman Winton: Thank you. Vice Chairman Teele: Mr. Cutler. Mr. Cutler: Yes, sir. Vice Chairman Teele: Is there anyone else from the public on this item? Chairman Winton: So step up, please. Vice Chairman Teele: Mr. Cutler, let me just ask you this: If you were sitting here now, would you support this ordinance? Mr. Cutler: No, I wouldn't. Vice Chairman Teele: For the record, Mr. Cutler opposed me in the last election, and I consider his opinion to be of great weight. Chairman Winton: Yes, sir. Name and address for the record, please. Andres Redando: Andres Redando. Chairman Winton: I'm sorry? Mr. Redando: Andres Redando, 2601 Southwest 37th Avenue, Miami, Florida. I'd just like to make comment in support of the ordinance. If you take into consideration the history of the recent organizations that are protesting in this type of -- particular type of protest, and look at the history in Seattle, look at the history in Genoa, there are organizations in the world that are anarchists that target these type of protests, specifically to create anarchy, specifically to injure police and citizens. I think we need to take this into consideration, and I think that's the reason the Police Department is requesting this. Chairman Winton: Thank you. Anyone else from the public like to comment? If not, we'll close the public hearing, and I'd like to weigh in on this. I have mixed emotions about this ordinance, as well, and I'll describe those mixed emotions. I trust our Police Department today, and I trust its authority today, but I don't trust that authority five years from now, or ten 75 September 11, 2003 years from now, and I've seen too many times where -- and I think our current entire national security system, domestic security system is moving down a path that's eroding our freedoms dramatically, and those decisions, generally, once these things get passed are made by bureaucrats somewhere, and it has a real impact on the public, and I am concerned, so there's concern about this long-term. However, that said, there is a real reality to what's going on, and it is, as this gentleman just said, there is no question, there isn't a guess about whether bad guys are coming. We don't have to guess this. We don't have to hypothesize that bad guys are coming. They are coming. They are coming to our City. They are coming to our downtown. They are coming to our economic bread basket with the full intent to cause as much damage as they can cause to our policemen, to our firemen and to our property. Commissioner Sanchez: To our economy. Chairman Winton: So this isn't Three Kings Parade. It isn't Calle Ocho. It isn't any of these things. This is an event where we know bad guys are coming to cause as much damage as they can cause, and I would like to go to Commissioner Regalado's comment or question earlier today, and that is this is an ordinance. No question, we can modify or rescind ordinances at some time in the future. We are allowed to do that. The question that I have mirrors Commissioner Regalado's. I would support this ordinance as written, wholeheartedly for the upcoming ministerial meeting in November, but as Commissioner Regalado said, I wouldn't support this ordinance long-term, because I think it does open up all of the issues that the American Civil Liberties Union folks have brought forward. I don't agree with him in terms of the dramatic statements, but the fact remains that five years from now, anything could happen, and people begin to reinterpret things, and I think it sends us down a slippery slope, so Madam Attorney, I would like to know -- I have two questions. One, are we allowed to modify this particular ordinance today that does, in fact, allow for a sunsetting in mid-November? Commissioner Sanchez: And I'm prepared to accept the amendment. Chairman Winton: Are we allowed to do that? Ms. Chiaro: Yes, sir. Chairman Winton: OK. So if we could add that provision in here, then I would support this ordinance exactly as it is written. Commissioner Sanchez: Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Sanchez: After hearing the debate, I'm prepared to accept the amendment presented by Commissioner Regalado to sunset it at the date that he stated. So move. Commissioner Regalado: Thank you. The date is Thanksgiving Day, at midnight, in Thanksgiving Day of the year 2003, and it includes all of the provisions in this -- 76 September 11, 2003 Chairman Winton: Correct. Commissioner Regalado: -- ordinance. You know, they -- Chairman Winton: If the ordinance goes away -- Commissioner Regalado: Even -- yeah, the ordinance goes away, and then we'll do another one. You know, even the Super Soccer that is included here as a weapon of mass destruction, but I think if we do this, we send a message. We want to protect the Police Department. I've seen those people. I seen it in Dados, in Switzerland, when I was covering an event there. They are violent. There is no question about that, but that's one thing, so we need to protect the Police Department. The other thing is like Johnny said. I mean, you know, we're not here sometime, next ten years or something like that, and this is the law of the land, no way. You know, I would not be part of this kind of thing. That's why my suggestion was to sunset this whole ordinance on Thanksgiving Day, at midnight on Thanksgiving Day of the year 2003. Chairman Winton: Which that motion has been made. Who made the second on the original motion? Commissioner Sanchez: I moved it. Chairman Winton: You moved it originally. Priscilla A. Thompson (City Clerk): Commissioner Gonzalez. Commissioner Sanchez: And Commissioner Gonzalez seconded. Chairman Winton: Would you accept the -- Commissioner Gonzalez: I second it as amended. Chairman Winton: OK, so we have an amended motion here. We have a motion and a second. Do we have further discussion on the amended motion? Is this an ordinance? Commissioner Sanchez: Yes. Chairman Winton: OK. Madam Attorney, would you please read the ordinance as amended? Commissioner Regalado: Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Regalado: Mr. Chairman, just a brief comment. This would also send a message to those groups who really want to come and create problems here that we did tailor one law especially for them, so don't mess with us, you know. 77 September 11, 2003 Commissioner Gonzalez: Not only for them; for any other group that would intend to do that. Chairman Winton: Yeah. OK. Read the ordinance, please. Roll call, please. Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS" TO ESTABLISH REASONABLE TIME, PLACE AND MANNER REGULATIONS CONCERNING MATERIALS AND OBJECTS THAT MAY BE POSSESSED, CARRIED OR USED BY THOSE PARTICIPATING IN PARADES AND DEMONSTRATIONS, MORE PARTICULARLY BY ADDING NEW SECTION 54-6.1 TO SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Sanchez, seconded by Commissioner Gonzalez, and was passed on first reading by title only, by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None ABSENT: None Ms. Thompson: The ordinance is passed on first reading, 5/0. Chief Timoney: Thank you. Chairman Winton: Chief. Did you want to say something? No? Chief Timoney: Yeah -- no. I want to thank the Commission. Thank you very much, on behalf of the Department. Chairman Winton: Thank you. OK. Item -- Commissioner Regalado: Hello. 78 September 11, 2003 Chairman Winton: Yes, sir. Commissioner Regalado: Time certain. Chairman Winton: Oh, is it time? Commissioner Regalado: Yeah. Vice Chairman Teele: Let me just add -- Chairman Winton: Which item is that? Vice Chairman Teele: -- one thing now. This ordinance was adopted. Now, it comes up for a second reading when? Ms. Chiaro: September 25, we'll bring it back to you. Vice Chairman Teele: When is the FTA? Commissioner Regalado: November 19. Vice Chairman Teele: Because these ordinances take what, 30 days, before they take effect? Ms. Chiaro: We've provided for an immediate effective date in this ordinance, in this particular ordinance, so it will take effect immediately upon passage. Chairman Winton: Any other questions? OK 19. TABLED: RECONSIDER MOTION 03-887, WHICH HAD DENIED PROPOSED AMENDMENT TO ZONING ATLAS OF ZONING ORDINANCE NO. 11000, BY CHANGING ZONING CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL TO R- 2 TWO-FAMILY RESIDENTIAL WITH AN SD -12 BUFFER OVERLAY DISTRICT AT 3150, 3160, 3138-40 S.W. 21 TERRACE; DIRECT MANAGER TO SCHEDULE PUBLIC HEARING ON THIS MATTER AT OCTOBER 23, 2003 COMMISSION MEETING. Chairman Winton: What's our time certain, Commissioner Regalado? Commissioner Regalado: It's the A -- Vice Chairman Teele: ALF (Adult Living Facility). Commissioner Regalado: --Shenandoah ALF. Chairman Winton: Oh, OK. 79 September 11, 2003 Commissioner Regalado: Mr. Chairman, we -- before we do that, this is going to be very brief, the presentation, I know. I have a motion to reconsider a zoning denial. The City Attorney has drafted this resolution and has approved, so I move to reconsider a motion that was denied on the July 24, 2003 Planning & Zoning meeting, and -- regarding 3138, 3140 Southwest 21st Terrace, PZ.8, and to ask the Administration to bring back this -- Chairman Winton: Commissioner Regalado. Commissioner Regalado: -- on the meeting of October 23. Chairman Winton: Could I interrupt for one second? I don't have anything in front of me. Do you mind if we get that distributed to us, and bring that -- Commissioner Regalado: Yeah. Chairman Winton: -- back after lunch so we can see what this is all about? Commissioner Regalado: Sure, no problem. Chairman Winton: Please. Commissioner Regalado: No problem. Chairman Winton: OK. Thank you. Commissioner Regalado: No problem. Chairman Winton: Make sure that all the Commissioners get this -- Commissioner Regalado: It's just that I asked the City Attorney, and they say that because it's coming back -- Chairman Winton: Um -hum. Commissioner Regalado: --in late October. It's just a motion to reconsider. Chairman Winton: I just want to make sure I understand what I'm doing. Commissioner Regalado: Sure, no problem. Chairman Winton: Thank you. Yes, sir. Lucia Dougherty: I don't have a problem with that. I'll be back. I just want you to know that we have three doctors here from the Coral Way Medical Group, and they will not be returning this afternoon, so I just wanted to introduce them. We have the -- 80 September 11, 2003 Commissioner Regalado: It's a very simple thing. We are not discussing anything. We're just - Ms. Dougherty: I understand. 20. DIRECTING THE CITY MANAGER TO TAKE ALL NECESSARY ACTION TO ENSURE COMPLIANCE WITH THE CITY CODE APPLICABLE TO COMMUNITY RESIDENTIAL HOMES, COMMUNITY BASED RESIDENTIAL FACILITIES, AND ASSISTED LIVING FACILITIES ("FACILITIES") IN THE CITY OF MIAMI, AND MORE SPECIFICALLY IN THE SHENANDOAH TARGET AREA, MORE SPECIFICALLY TO (1) NOTIFY THE STATE OF FLORIDA OF CITY CODE AND STATE VIOLATIONS, (2) ESTABLISH A PROCEDURE TO ADEQUATELY MONITOR ALL FACILITIES THROUGHOUT THE CITY, AND (3) PROCEED WITH CODE CITATIONS AND CODE ENFORCEMENT PROCEEDINGS; AND DIRECTING THE CITY ATTORNEY TO PURSUE ANY INJUNCTIVE RELIEF, OR ANY OTHER ACTIONS IN LAW OR IN EQUITY TO ENSURE COMPLIANCE WITH THE CITY CODE, INCLUDING FORECLOSURE ACTION. DIRECTING THE CITY MANAGER TO INSTRUCT THE DEPARTMENT OF PLANNING AND ZONING TO INITIATE A PROCESS FOR THE PLANNING ADVISORY BOARD TO CONSIDER ORDINANCES TO PROVIDE FOR THE ENFORCEMENT OF THE CODE TO DEAL WITH VIOLATIONS RELATED TO ADULT LIVING FACILITIES (ALFs) AND COMMUNITY-BASED RESIDENCE FACILITIES. Commissioner Regalado: Mr. Chairman, the -- Chairman Winton: Yes, sir. Commissioner Regalado: -- Planning Department has worked with the City Attorney for many days and many hours, at the direction of this Commission, to bring back a report on this September 11, 2003, after creating the Adult Living Facility Task Force. This task force was impaneled by the City Commission and the City Manager and the City Attorney, and I really want to thank the City Attorney's Office, the City Manager's Office for their support on this, and what you're going to hear now is what we suspected, what we knew, but unfortunately, nothing was done in the past, so if we can get the details, and then I have a resolution for you, members of the Commission, to consider, but I want to tell you something. All what we suspect is true. Most of these facilities are in violation of the State law, Miami -Dade County law, City of Miami law, Fire Code violations, Code Enforcement violations, State Statutes, and I don't know what else, and to some of the people, Mr. Chairman, watching on Miami TV (television), the Shenandoah residents wanted to be here, but because of the budget hearing, we are not able to do this in the evening, so they will get a report after this Commission have heard all the details, and I want to thank you, Mr. City Attorney, for all the work. Alejandro Vilarello (City Attorney): The Zoning Administrator, Francisco Garcia, has a Power Point presentation that covers -- that summarizes the report, and the report's been provided to you, and there's additional copies available for members of the public. Mr. Garcia. 81 September 11, 2003 Francisco Garcia: Thank you Mr. Vilarello. Good morning, Mr. Chairman, members of the Miami City Commission. For the record, my name is Francisco Garcia, Zoning Administrator with the City of Miami, And I would beg your indulgence for half a second to log onto the computer and this screen will be projected -- it will be projected on your screens in just a moment. Vice Chairman Teele: Mr. Chairman, while he's trying to log on, who was the City Attorney that represented the task force? Mr. Vilarello: I had three assistant attorneys that worked on it. Iris Escarra, Roland Galdos and Elsa Jattameer. They worked very closely with Mr. Garcia and spent the better part of the last three or four weeks in our library documenting all the information that's a part of this report. Vice Chairman Teele: The report is well presented and well written in terms of the law and the citation, and I would assume that the facts are correct, but my compliments to the staff and the task force that worked on it. Mr. Vilarello: Thank you very much. Mr. Garcia: And I think, with that, we are prepared to begin. You have in front of you copies of a report and also copies of this presentation that I'm about to go through quickly, and what we've tried to do is we've tried to capture the result of, as the City Attorney said, the fruit of the labor of members from the City Attorney's Office, the NET (Neighborhood Enhancement Team) -- the Office of NET Administration, as well as the Fire Department and the Planning and Zoning Department. With that, I'd like to go over five quick points, as displayed on the screen. First, I'd like to briefly cover the location of the areas studied, the status of the facilities in question that was in the Shenandoah neighborhood, then describe briefly a compliance plan we intend to follow, go briefly over the applicable regulations, and also cover the legislative and administrative changes we are proposing to implement in order to address this issue and prevent it from recurring. First, in terms of location, you have before you a map that shows the Shenandoah neighborhood, the definition pursuant to the directive of the City Commission of this neighborhood and pursuant to the historic reality of the neighborhood is a north boundary of 8th Street -- of Southwest 8th Street, that is, a south boundary of 22nd Street, a west boundary of 27th Avenue and an east boundary of 12th Avenue. It covers partially areas in Commissioner Regalado's district, as well as Commissioner Sanchez' district. The next illustration is perhaps the most noteworthy. This one captures all 19 facilities that we had been made aware of in the area and that we know exist in the area. In each of the cells and the different colors, you see the violations that we have found and documented, and based on which the Code Enforcement cases that will be brought before the Code Enforcement Board soon are based, and as you can plainly see, there is no one single facility in this entire area that is without violations. Some are major, some are less major and some are down right minor, but all of them have jeopardized their 82 September 11, 2003 standing by virtue of not having complied with applicable regulations. The next image shows some of the zoning data that we processed in order to determine their standing pursuant to both City regulations and federal reg -- I'm sorry, state regulations, which also applied. Chairman Winton: What does that say? Mr. Garcia: I'm sorry, sir? Chairman Winton: What does that chart say? Mr. Garcia: This chart shows the area in question, the study area, and it shows that there are four census tracks. There is a State regulation that says that no one census track shall contain more than two percent of the population as residents of these facilities. Census Track 64.2, as shown in this chart, has exceeded it by far. It now registers that 6.3 percent of the population in that particular census track resides in one of these facilities. This is the worst affected census track in the area. Chairman Winton: But are all of those census tracks in violation or each -- there's one, two, three four Census Tracks here, right? Mr. Garcia: Correct, there are four, and only one of them has exceeded the saturation point. The others -- Chairman Winton: 402. Mr. Garcia: That's correct. Chairman Winton: OK. Mr. Garcia: That's correct, sir. In the next chart, at a glance, I tried to caption the applicable regulations today, and the noteworthy part of this is that, presently, these facilities are allowed. Whenever they have seven to fourteen residents or zero to six residents, either by right or through a Class 11 Special Permit, which is an administrative process, and only if they rise to the level of 15 residents or beyond, do they require a special exception with City Commission approval. That is the area shown in the orange. The areas shaded in red are areas that indicate that they are not allowed at all. They are prohibited, in fact. In a moment, I will also show you, in another screen, the regulations we are proposing, which will significantly strengthen our ability to prevent the over -saturation of these users. Commissioner Gonzalez: Could you go back to the prior chart? Mr. Garcia: Certainly, sir. (INAUDIBLE COMMENTS) Commissioner Gonzalez: Right. 83 September 11, 2003 Mr. Garcia: Yes, sir. Commissioner Gonzalez: So, what you're telling us is that in R-1, R-2 or R-3, OK, seven to fourteen are allowed in R-1 district? Mr. Garcia: That's correct, sir. Commissioner Gonzalez: And -- Mr. Vilarello: No, no -- Commissioner Gonzalez: -- 15 or 50 -- Mr. Vilarello: No. I'm sorry, Commissioner. Commissioner Gonzalez: Not allowed. Not allowed. Mr. Vilarello: Not allowed. Commissioner Gonzalez: Not allowed. Mr. Garcia: Not allowed, correct. Commissioner Gonzalez: Not allowed, and 15 to 50 are not allowed in R-1 and R -2s; 51 plus are not allowed in R-1, R-2, R-3? Mr. Garcia: That is correct, sir. Commissioner Gonzalez: Right? Mr. Garcia: Yes, sir. Commissioner Gonzalez: All right. Thank you. Mr. Garcia: My pleasure. The next image shows us the overlay of all the zoning districts that apply in the area, and you'll see that the Shenandoah neighborhood is predominantly a single- family residential area, with some duplex residential areas and very, very few medium density residential components. In the next slide, we've overlaid all the distancing requirements that apply to each of these facilities, and I think that is one of the images that best caption how the area is simply saturated with these users, and as you can plainly see also, many of these facilities are in breech of their distancing requirements, which we also intend to pursue in terms of compliance. This again -- well, no. Actually, this is a different chart that shows the proposed legislation that I believe you have in draft form before you today and that we would like to move on in terms of amending the zoning ordinance to reflect it. The most salient points of this new proposal are the following: From six residents under, here we are essentially preempted. The 84 September 11, 2003 State says these are to be allowed, by right, but these are largely inconspicuous. These are to function essentially as single-family residents, as they really don't have an adverse impact if well run and well managed. Chairman Winton: If. Mr. Garcia: Right. Chairman Winton: The operative word. Commissioner Regalado: Mr. Chairman and Francisco, yes. The whole point here is that -- and I want to thank Assistant City Attorney Iris for what she did. The whole point here is that in the Shenandoah neighborhood, there is one home, pick one, that, according to State Statute, has to have six patients or more. People will not complain, but that same resident has 38 persons, and they walk really around the neighborhood and all that, and it really creates a problem. Next to it, a resident that is supposed to have six has 32, so imagine, in one block, 60 some patients that are not elderly, so they are free to walk around all the time. Chairman Winton: But isn't that already against some sort of rule? Mr. Garcia: Yes, sir, it is, and part of the program that we've undertaken here is first to identify the present state of these facilities in this particular area. In a moment, I'll show you what it looks like citywide, and that's truly a scary image, and second, of course, to put in place the necessary legislative changes -- Commissioner Regalado: Yeah, but finish with Shenandoah. Don't show them. Don't show them because I've seen it. Don't show them. Finish with Shenandoah. Mr. Garcia: Yes, by all means, Commissioner, and certainly to identify measures and means through which we can both strengthen the legislation that we have presently and prevent their excessive implementation, and also to create new administrative procedures to better regulate these users as they come in and keep better track of them. Chairman Winton: Well, I guess I want to ask a more direct question. Don't -- do we not have rules and regulations in place right now that should have been able to allow us to shut down the guys that are already in violation? Mr. Garcia: The rules exists. They are weaker than we would like. Administratively, the processes are such that they've been able to get through the cracks, so to speak, over the years. Chairman Winton: Have we been enforcing? Mr. Garcia: Not strong enough, Commissioner. Chairman Winton: Well, see -- but that's part of the point here that I want to make, because I'm totally in support of Commissioner Regalado here on this issue, but the fact of the matter is, if we 85 September 11, 2003 don't use the tools we've got, how good are the new tools? So, you know, we need to learn that lesson in the City in a lot of different arenas, policing -- you know, going after the drug dealers. I mean, I've never -- I never cease to be amazed about how the beat cops know where all the drug dealers are, and they've been operating forever and they still operate, and this is a similar situation. We've known this has been going on for a long time. Commissioner Regalado's been on this issue for a long time, but we didn't use the tools we have, so Mr. Manager, I'm just -- you know, I don't want to make a big deal of this, but from a policing standpoint, from an enforcement standpoint, I think it's an area where we need to figure out some way to beef up our -- I don't know what -- the supervision or something that gives our team -- make sure they understand the tools we already have at our disposal, so that this kind of stuff doesn't even get here in the first place. Mr. Vilarello: Commissioner. Chairman Winton: And I didn't mean to interrupt, so I'm sorry. Mr. Vilarello: Mr. Chairman. Chairman Winton: Yes. Mr. Vilarello: A critical part of this process was to make sure that, at the end of this process, we had a system in place that would assure the compliance with the regulations that we have because you're correct, the laws were in place that would address at least half, if not more, of the violations that we currently deal with, and just weren't enforced, so as part of this entire process, it was critical -- and that's why it was critical that we work well together with the administration -- that we come out of this process with systems that will assure that these violations will be caught in the future before they get up and running. Chairman Winton: Right. OK. Continue. I'm sorry. Mr. Garcia: And the key, if I may, parenthetically, is for effective enforcement, just to have the information in one's hand that one can act upon, and our records have been deficient in that regard, as well. We intend to straighten that out. The most salient point, the one I'd like to point your attention to, that would result from the proposed new legislation is, once again, it would make every facility that is effectively under our regulatory control, which is facilities from capacity of seven and above, they would bring all of those new proposals to the City Commission through a special exception process, and I think that gives us the safeguards that we need to ensure that they don't proliferate any further, and with that, I'll leave you with the last thing in the presentation, which is the present status of these facilities in the City of Miami, citywide. The most concerning part of this map even is that records were kept own until the year 2000. From the year 2000 on, we lost our ability to keep track of them. We intend to regain it through these legislative changes, and this is basically where the City stands today. Once we complete the Shenandoah enforcement process, we will then move on citywide to ensure that all of these facilities are brought in under a regulatory control. That's all I have by way of presentation. Thank you. 86 September 11, 2003 Chairman Winton: Thank you. So, is there a new ordinance that we're -- Commissioner Regalado: Mr. Chairman, I have a resolution. Chairman Winton: Great. Commissioner Regalado: A resolution of the Miami City Commission directing the City Manager to take all necessary action to ensure compliance with the City Code applicable to community residential homes, community-based residential facilities and assisted living facilities in the Shenandoah target area; more specifically, to: (1) Notify the state of Florida of City Code and a state violation in each and every one of them; (2) establish a procedure to monitor all facilities throughout the City of Miami, and (3) proceed with code citations and code enforcement proceedings. Also, directing the City Attorney to go to court, pursue any injunctive relief or any other actions in law or in equity to ensure compliance with the City code, including foreclosure action on these facilities. Chairman Winton: Here, here. Commissioner Regalado: That's the resolution. Chairman Winton: Need a second. Commissioner Sanchez: Second. Would you amend it as to the Shenandoah target area and also the Roads target area? Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: Actually, what he's saying -- I have no objections to the resolution, and I think Commissioner Sanchez is correct, but the resolution should say -- it should be amended, respectfully, where it says "and assisted living facilities in the City of Miami" -- Chairman Winton: Yes. Vice Chairman Teele: And specifically -- and more specifically in the Shenandoah target area to dah, dah, dah, dah, but the idea here is this list that this should be citywide. Chairman Winton: Correct. Vice Chairman Teele: But we don't need to hold up what's going on and what -- you know, we don't need to, in any way, penalize Commissioner Regalado's good work, hard work, but this really is a citywide -- and it's probably as much a problem in Johnny Winton's district as it is anywhere in the City, particularly that area -- Commissioner Sanchez: Look at the map. It's citywide. 87 September 11, 2003 Chairman Winton: It is City -- but I think Commissioner -- Vice Chairman Teele: But that area between like 36th Street and 20th Street, east of Biscayne Boulevard, in that area, that whole area is nothing but facilities. Chairman Winton: I think your amendment is a good one because it does two things. It does send this kind of citywide -- it makes sure it's a citywide ordinance so that they can apply it when the appropriate time comes, but it gives specific focus right now for going after and supporting the hard work that Commissioner Regalado has already done, so -- Commissioner Regalado: Sure. Accepted. Commissioner Sanchez: Second, yes. Chairman Winton: So, we have an amended motion and a second. Do we have further 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. 03-962 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO TAKE ALL NECESSARY ACTION TO ENSURE COMPLIANCE WITH THE CITY CODE APPLICABLE TO COMMUNITY RESIDENTIAL HOMES, COMMUNITY BASED RESIDENTIAL FACILITIES, AND ASSISTED LIVING FACILITIES ("FACILITIES") LOCATED THROUGHOUT THE CITY OF MIAMI, WITH IMMEDIATE FOCUS DIRECTED AT THE FACILITIES IN THE SHENANDOAH TARGET AREA, AND TO (1) NOTIFY THE STATE OF FLORIDA OF CITY CODE AND STATE VIOLATIONS, (2) ESTABLISH A PROCEDURE TO ADEQUATELY MONITOR ALL FACILITIES THROUGHOUT THE CITY, AND (3) PROCEED WITH CODE CITATIONS AND CODE ENFORCEMENT PROCEEDINGS; AND DIRECTING THE CITY ATTORNEY TO PURSUE ANY INJUNCTIVE RELIEF, OR ANY OTHER ACTIONS IN LAW OR IN EQUITY TO ENSURE COMPLIANCE WITH THE CITY CODE, INCLUDING FORECLOSURE ACTION. (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: 88 September 11, 2003 AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Chairman Winton: Thank you very much, Commissioner Regalado. Commissioner Regalado: Thank you. Chairman Winton: That was outstanding work. Joe Arriola (City Manager): Mr. Chairman. Chairman Winton: Yes, sir. Mr. Arriola: I would like to make one little comment. Chairman Winton: Yes, sir. Mr. Arriola: And specifically to staff. Whether it comes from the Law Department, this was a citywide effort. Every single department really worked hard as a unit, and this is kind of proof when they work together, the kinds of things we could accomplish, and I just want to thank them all for their great effort. Chairman Winton: And let's hope that we see much more of that in the future. Mr. Arriola: You will, sir. Mr. Vilarello: Mr. Chairman. Chairman Winton: Yes, sir. Mr. Vilarello: If I could just get the Commission to make one direction. The administration has recommended an ordinance which addresses a few of the issues that aren't covered by current legislation, and if the Commission could direct the ordinances to the Planning Advisory Board for considerations so it starts through the process, and get that going immediately. Chairman Winton: You want a motion? You want a motion in that regard? Mr. Vilarello: Please. 89 September 11, 2003 Chairman Winton: OK. Commissioner Sanchez: OK. So moved. Chairman Winton: Motion. Commissioner -- Vice Chairman Teele: Second. Chairman Winton: Need a second. Discussion? Being none, all in favor "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Thank you very much. The following motion was introduced by Commissioner Sanchez, who moved its adoption: MOTION NO. 03-963 A MOTION DIRECTING THE CITY MANAGER TO INSTRUCT THE DEPARTMENT OF PLANNING AND ZONING TO INITIATE A PROCESS FOR THE PLANNING ADVISORY BOARD TO CONSIDER ORDINANCES TO PROVIDE FOR THE ENFORCEMENT OF THE CODE TO DEAL WITH VIOLATIONS RELATED TO ADULT LIVING FACILITIES (ALFs) AND COMMUNITY-BASED RESIDENTIAL FACILITIES. Upon being seconded by Vice Chairman Teele, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele. Jr. Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Angel Gonzalez 90 September 11, 2003 21. APPROVE ALLOCATION $17,000, TO SUPPORT JOSEFINA P. CASTANO KIDNEY FOUNDATION ($5,000), BRIGADA 2506 ($5,000), CARNAVAL INDEPENDENCIA DE CENTROAMERICA Y MEXICO ($5,000), AND VECINOS EN ACCION ($2,000); AND ALLOCATE FUNDS FROM DISTRICT 3 OFFICE BUDGET. Chairman Winton: OK. Commissioner Sanchez: OK. Chairman Winton: Commissioner Sanchez, you have some people here. Commissioner Sanchez: Yes, sir, we have a personal appearance. It's on my blue pages, but they're here. We have representatives from the Brigada 2506 that are here. I do have one of the -- one of my blue page items. I will be allocating funds from my district office account to several organizations, and they're (UNINTELLIGIBLE), and I believe that their representative just want to come up here and thank the Commission. We have with us Julio Gonzalez Rebull, Luis Puig, Jorge Market (phonetic), Alberto Martinez (UNINTELLIGIBLE), Juan J. Gonzalez, and Juan Torres Mena (phonetic). They just want to say thank you for the donation. Julio Gonzalez Rebull: Commissioners, we -- the name of the Bay of Pigs Veterans Association. Commissioner Sanchez: Could you state your name for the record? Mr. Rebull: Yes. Julio Gonzalez Rebull. The name of the Bay of Pigs Veterans Association, the Brigade members, the board of directors, a part of them are here today. We want to thank you for the contribution that you're making today for our house. The house of the Brigade also holds the museum and a library that I would say it's something to be seen, and I invite everybody who haven't been there to go. It's in 1821 Southwest 8th Street, that serves -- 9th Street. Commissioner Sanchez: Ninth Street. Mr. Rebull: -- I'm sorry, 9th Street -- that serves as the only museum based on Cuban (UNINTELLIGIBLE) and the -- actually, (UNINTELLIGIBLE) on April 17, 1961. It's the most exciting place to look at that place. We really have that as a triumph. All the people who died at that invasion, 114; we got their pictures, personal things, and this money really is going to help the maintenance of this house, this museum, and this library because, unfortunately, we had, in the past, some support from the State and it's been cut. Forty-two years have passed; we're getting old; a lot of people have died; a lot of people have moved out of Miami, and it's kind of hard to maintain our house, but we will fight, and we invite you to please take a look, and I hope or respectfully more request that, in the future, you take a look at this place to see if we can have any future help. I will also have to mention that Commissioner Tomas Regalado and Commissioner Angel Gonzalez also donate some of this money to our house and our association. We're very eternally grateful. We thank you -- Commissioner Sanchez: Thank you. 91 September 11, 2003 Mr. Rebull: -- for it. Thank you very much. Chairman Winton: You're welcome. Mr. Rebull, could I ask you a question or at least make a request? The -- probably the most successful and wealthy immigrant group to ever make an impact in our United States is the Cuban -American population. I mean, the amount of wealth that's been created by that immigrant group, in no time, is probably unparalleled in the history of immigration to our country, and that said, frankly, I'm a bit surprised that the Cuban -American community in this town, the business community, that this guy comes out of right over here as a classic example, hasn't put together a major fund raising effort to assure the long-term success of this very important shrine, and I would encourage you to encourage him and a few other of your friends to get going here. I mean, this is something that -- there's a lot of money in this community that could put this on a permanent financial footing forever without government support. Mr. Rebull: I know, I know, and you're right. We did that four years ago (UNINTELLIGIBLE) because, unfortunately, we were out of funds, but I think you're totally right. I have to agree with you a hundred percent. Chairman Winton: Thank you. Mr. Rebull: OK. Thank you. Commissioner Sanchez: And they are in the process of establishing a fund raising campaign. Chairman Winton: Great. OK. Thank you. Mr. Rebull: Thank you. Chairman Winton: Item -- Priscilla A. Thompson (City Clerk): I'm sorry. Are we going to vote on this? Chairman Winton: Oh, I guess we need to, don't we? Did you make a motion? I don't think we voted, did we? Commissioner Sanchez: No. The motion -- I'll go ahead and -- well, you know, we'll make it right now. It's approving the allocation of funds, in the total amount not to exceed $17,000, to support the to support Josephina P. Castano Kidney Foundation -- it's an organization that does dialysis in my district -- the Brigada 2506, who was just before us, and Carnaval Independencia de Centroamerica y Mexico and Vecinos en Accion. That's a total of $17,000 coming out of my District 3 office budget account number 001000.920918.6.930. So move. Vice Chairman Teele: Second. Chairman Winton: Motion, second. Discussion. Being none, all in favor, "aye." 92 September 11, 2003 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. 03-964 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE ALLOCATION OF FUNDS, IN A TOTAL AMOUNT NOT TO EXCEED $17,000, TO SUPPORT THE JOSEFINA P. CASTANO KIDNEY FOUNDATION ($5,000), BRIGADA 2506 ($5,000), CARNAVAL INDEPENDENCIA DE CENTROAMERICA Y MEXICO ($5,000), AND VECINOS EN ACCION ($2,000); AND ALLOCATING FUNDS FROM DISTRICT 3 OFFICE BUDGET ACCOUNT NO. 001000.920918.6.930. Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado 93 September 11, 2003 22. FIRST READING ORDINANCE: SUNSET CITY DISTRICTS TWO, THREE, AND FIVE HISTORIC PRESERVATION ADVISORY BOARDS BY AMENDING SECTION 2-892 AND REPEALING, IN THEIR ENTIRETY, ALL DIVISIONS AND SECTIONS OF CITY CODE, AND ORDINANCE NOS. 12077, 12086, AND 12234.1 RELATED TO SAID ADVISORY BOARDS Chairman Winton: Item 26 is a first reading ordinance. Need a motion. Sunsetting our three -- Vice Chairman Teele: So moved. Commissioner Sanchez: Second. Chairman Winton: Got a motion, second. Discussion. Being none, would you read the ordinance, please? Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION SUNSETTING THE CITY OF MIAMI DISTRICTS TWO, THREE, AND FIVE HISTORIC PRESERVATION ADVISORY BOARDS BY AMENDING SECTION 2-892 AND REPEALING, IN THEIR ENTIRETY, ALL DIVISIONS AND SECTIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ORDINANCE NOS. 12077, 12086, AND 12234.1 RELATED TO SAID ADVISORY BOARDS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Vice Chairman Teele, seconded by Commissioner Sanchez, and was passed on first reading, by title only, by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado Ms. Thompson: The ordinance is passed on first reading, 4/0. 94 September 11, 2003 23. FIRST READING ORDINANCE: AMEND SECTION 2-33(c) OF CITY CODE ENTITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION' TO PROVIDE FOR SCHEDULING OF ITEMS ON AGENDA BY CITY BOARDS AND TO REQUIRE ALL CITIZENS' REQUESTS FOR AGENDA PLACEMENT BE REVIEWED BY CITY MANAGER PRIOR TO AGENDA SCHEDULING. Chairman Winton: Item 27, first reading ordinance. Commissioner Gonzalez: Move 27. Chairman Winton: Got a motion. Need a second -- Vice Chairman Teele: Second. Chairman Winton: -- Commissioner Teele. Got a second. Discussion. Being none, read the ordinance, please. Roll call, please. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION' TO PROVIDE FOR THE SCHEDULING OF ITEMS ON THE AGENDA BY CITY BOARDS AND TO REQUIRE ALL CITIZENS' REQUESTS FOR AGENDA PLACEMENT BE REVIEWED BY THE CITY MANAGER PRIOR TO AGENDA SCHEDULING; MORE PARTICULARLY BY AMENDING SECTION 2-33(c) OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Gonzalez, seconded by Vice Chairman Teele, and was passed on first reading, by title only, by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado Priscilla A. Thompson (City Clerk): The ordinance is passed on first reading, 4/0. 95 September 11, 2003 24. AMEND RESOLUTION NO. 03-556 BY INCREASING CONTRACT WITH TURNKEY CONSTRUCTION, INC. $95,251 FROM $258,000 TO $353,251 FOR MIAMI HIGH SCHOOL BUNGALOW RELOCATION AND STABILIZATION PROJECT, B-3290 ALLOCATE FUNDS AS APPROPRIATED BY ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCES. Chairman Winton: Item 28, four-fifths vote required on this resolution. Need a motion. Commissioner Gonzalez: (INAUDIBLE) 28. Chairman Winton: Motion. Second? Second? Second? Commissioner Sanchez: Hold on. Vice Chairman Teele: What item is this? Chairman Winton: Second on Item 28. Need a second on it. Vice Chairman Teele: What is it? Chairman Winton: It's -- Vice Chairman Teele: Second. Chairman Winton: -- a resolution amending a contract amount on the -- Vice Chairman Teele: This is a relocation? Chairman Winton: Yes -- Miami High School Bungalow Relocation and Stabilization project. It's increasing it by $95,000. Commissioner Sanchez: Did someone second it? I'm prepared to -- Commissioner Teele, did you second it? Chairman Winton: No. Vice Chairman Teele: I second it for discussion. Commissioner Sanchez: OK. No, I don't have a problem. I just didn't know what it was. Chairman Winton: OK, discussion. Vice Chairman Teele: Is this just the cost to move the building itself? Chairman Winton: No. Where's your -- ? 96 September 11, 2003 Joe Arriola (City Manager): No. We're doing the restoration of the building and -- Commissioner Sanchez: We've already moved it. Now, it's the restoration. Mr. Arriola: It's already been moved and now we're restoring the building, and like any old building, it's going to cost us a little bit more to fix it; not a lot more, but a little bit more. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes. Vice Chairman Teele: To the Manager, is Jorge -- yeah. I really think that part of the challenge that we've got in this reengineering of the Public Works/Capital Improvement is the cost estimates of the City all over this County are unrealistically low. In other words, one of the things that I've heard from vendors, long before I even came to the City, that the reason they didn't want to do work is that the engineering estimates are just unrealistically low. You know, a cost overrun is not a cost overrun if the engineering estimate is low, and I've discussed this with Jorge repeatedly. I've sat in on meetings where we're discussing an item and an architect or an engineer says, "Well, nobody told me that that was to be included in the work," and so what I'm urging is that the Capital Improvement Office, in addition to this reengineering in terms of the approach, but they also really work with the engineers to train them to be totally realistic. Historic preservation is unique, it's one -of -a -kind, and there should always be a contingency built into it, and it just -- I don't know if this is an overrun. I don't -- if the Manager's recommending it, I'm going to support it, and I think it's too important to fight over, but the principle that I'm speaking is I've seen firsthand -- I came to one meeting off vacation, and 50 percent of the scope of the work of a professional architect engineer was not even in the document that they had to be done, and we've got to -- we've got the money to do these projects. We've got to stop -- we've got to -- the City of Miami for so long has never had money to do capital projects, so a culture developed that "we don't have the money" was the answer to anything -- Chairman Winton: And so underpricing. Vice Chairman Teele: -- and so -- Chairman Winton: Underpricing. Vice Chairman Teele: -- things get underpriced and all of that. We need to be realistic about this, and I support it. I just want to make sure that we don't continue to underestimate the cost, but the -- engineer's estimate, which we pay engineers for their professional opinion on, and we can't tell them what to estimate; that it's realistic, and it includes all the costs, and that those estimates have a contingency built into them. Chairman Winton: Right. Any further comment? So, we have a motion and a second. No further discussion. All in favor, "aye." 97 September 11, 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. 03-965 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 TURNKEY CONSTRUCTION, INC., IN AN AMOUNT NOT TO EXCEED $95,251, FROM $258,000 TO $353,251, FOR THE MIAMI HIGH SCHOOL BUNGALOW RELOCATION AND STABILIZATION PROJECT, B-3290; AMENDING RESOLUTION NO. 03-556, ADOPTED MAY 22, 2003, TO REFLECT SAID INCREASE; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 327001 FOR SAID INCREASE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado 98 September 11, 2003 25. AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH MIAMI-DADE COUNTY FOR REIMBURSEMENTS OF FUNDS IN TOTAL ESTIMATED AMOUNT OF $1,074,409 FOR USE IN CONNECTION WITH FLAGLER STREET MARKETPLACE PROJECT IN DOWNTOWN. Commissioner Gonzalez: Move 29. Chairman Winton: Got a motion on 29. Vice Chairman Teele: Second. Chairman Winton: Second. Discussion. Being none -- Dianne Johnson: May I say something, please, for the record? My name is Dianne Johnson. I'm with the Department of Capital Improvements. I need to distribute to you a substitute attachment for this item. It is a -- Chairman Winton: For Item 29? Ms. Johnson: On Item 29, the Flagler Marketplace. There were some terms -- minor terms and clarifications with the agreement with the County that have been corrected, and that is part of this substitute attachment. Chairman Winton: OK. Commissioner Gonzalez: Move it as amended or -- ? Chairman Winton: Yes, we need to move it as amended. Commissioner Gonzalez: Move 29, as amended. Chairman Winton: Who made the second? Commissioner Gonzalez: I believe Commissioner Teele -- Vice Chairman Teele: I did. Priscilla A. Thompson (City Clerk): Commissioner Teele did. Chairman Winton: You accept the amendment, Commissioner Teele? Vice Chairman Teele: Yes. Chairman Winton: OK, we have a motion and a second. Do we have any further discussion? Being none, all in favor, "aye." 99 September 11, 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. 03-966 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT PARTICIPATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY TO REIMBURSE FUNDS, IN THE TOTAL ESTIMATED AMOUNT OF $1,074,409, FOR COSTS ASSOCIATED WITH THE FLAGLER STREET MARKETPLACE PROJECT IN DOWNTOWN MIAMI. Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado 26. AUTHORIZE MANAGER TO EXECUTE ASSIGNMENT OF JOINT PARTICIPATION AGREEMENT WITH MIAMI DOWNTOWN DEVELOPMENT AUTHORITY AND FLORIDA DEPARTMENT OF TRANSPORTATION FOR ADMINISTRATION AND TECHNICAL SUPERVISION OF FLAGLER STREET MARKETPLACE PROJECT IN DOWNTOWN MIAMI INCLUDING RECEIPT OF REIMBURSEMENTS AND ADMINISTRATION OF REMAINING FDOT GRANT FUNDS FOR PROJECT, $2,270,000. Chairman Winton: Item 30, more -- Commissioner Gonzalez: Move Item 30. Chairman Winton: Got a motion. Commissioner Sanchez: Thirty? Chairman Winton: Item 30. 100 September 11, 2003 Commissioner Sanchez: Second. Chairman Winton: Motion, 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. 03-967 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN ASSIGNMENT OF THE JOINT PARTICIPATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE ADMINISTRATION AND TECHNICAL SUPERVISION OF THE FLAGLER STREET MARKETPLACE PROJECT IN DOWNTOWN MIAMI (CAPITAL IMPROVEMENTS PROJECT NO. 341140) INCLUDING THE RECEIPT OF REIMBURSEMENTS AND ADMINISTRATION OF REMAINING FDOT GRANT FUNDS FOR THE PROJECT IN THE TOTAL ESTIMATED AMOUNT OF $2,270,000. 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 101 September 11, 2003 27. AUTHORIZE AND DIRECT TRANSFER OF $300,000 FROM MAYOR'S POVERTY INITIATIVES PROGRAM TO CITY DEPARTMENT OF COMMUNITY DEVELOPMENT FOR REIMBURSEMENT OF COSTS OF PROVIDING MEALS TO ELDERLY RESIDENTS; DIRECT ALLOCATION OF SAID FUNDS TO AGENCIES SPECIFIED. Chairman Winton: Item 31, meals to elderly. Commissioner Gonzalez: Move 31. Chairman Winton: Commissioner Sanchez, need a second. Meals to elderly. Commissioner Sanchez: Second, yeah. 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. 03-968 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND DIRECTING THE TRANSFER OF FUNDS, IN THE AMOUNT OF $300,000, FROM THE MAYOR'S POVERTY INITIATIVES PROGRAM TO THE CITY OF MIAMI ("CITY") DEPARTMENT OF COMMUNITY DEVELOPMENT FOR REIMBURSEMENT OF THE COSTS OF PROVIDING MEALS TO ELDERLY RESIDENTS; DIRECTING THE ALLOCATION OF SAID FUNDS TO THE AGENCIES IN THE AMOUNTS SPECIFIED ON THE ATTACHED LIST FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENTS TO INDIVIDUAL EXISTING AGREEMENTS WITH EACH AGENCY, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 102 September 11, 2003 Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado 28. RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY AND EXECUTING AN INDEMNIFICATION AND HOLD HARMLESS AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH 1001 NORTHWEST 7TH STREET PROPERTIES, INC., FOR USE OF THE PARKING LOT LOCATED AT 1001 NORTHWEST 7TH STREET, MIAMI, FLORIDA, BY THE DEPARTMENT OF FIRE -RESCUE DURING THE GRAND PRIX OF AMERICAS RACE HELD OCTOBER 4-6,2002 IN DOWNTOWN MIAMI, FLORIDA. Chairman Winton: Thirty-two, ratifying and confirming emergency -- Commissioner Gonzalez: Move 32. Chairman Winton: Motion. Commissioner Sanchez: For moving what, 32? Chairman Winton: Yeah. This is on the races, on Grand Prix. Commissioner Sanchez: So moved. Vice Chairman Teele: Hold on one minute. Chairman Winton: Yes, sir. Vice Chairman Teele: What is this item? Chairman Winton: Thirty-two, on Grand Prix. Vice Chairman Teele: For discussion. Chairman Winton: Discussion. Yes, sir. Vice Chairman Teele: Yeah. Mr. Manager, Raceworks things are floating around and I'm trying to inquire from your office right now -- that's what she's here on -- about the supposed deletion of Solid Waste from the Raceworks contract, and I'm -- you know, I'm going to have a serious 103 September 11, 2003 objection to that with Fire and Police. If we're going to open up Fire and Police and let Coral Gables Police come in and do it, fine, but I think it's real important that we not take advantage of Solid Waste, and I would like to take that up, if that's coming up today as a pocket item, because I'm just being advised of this and seeing email documentation that somebody from your staff is aware of something that I have no knowledge of Apparently, the -- Mr. Patterson is not available, so I've not been able to talk to anybody over there, but the union people are all around in a swirl. OK. Thank you. Chairman Winton: OK. Joe Arriola (City Manager): They came to see you this morning. I was not aware of it, by the way. Unfortunate to say that, but I was not aware of that. Chairman Winton: So, y'all are -- Mr. Arriola: I'm going to look into it. Chairman Winton: You'll get right on that. OK. We have a motion and a second on Item 32. Any further 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. 03-969 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY AND EXECUTING AN INDEMNIFICATION AND HOLD HARMLESS AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH 1001 NORTHWEST 7TH STREET PROPERTIES, INC., FOR USE OF THE PARKING LOT LOCATED AT 1001 NORTHWEST 7TH STREET, MIAMI, FLORIDA, BY THE DEPARTMENT OF FIRE -RESCUE DURING THE GRAND PRIX OF AMERICAS RACE HELD OCTOBER 4-6, 2002 IN DOWNTOWN MIAMI, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 104 September 11, 2003 Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado 29. DEFER TO NEXT COMMISSION MEETING, PROPOSED INTERLOCAL AGREEMENT BETWEEN CITY AND MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST; INSTRUCT MANAGER AND CITY ATTORNEY TO MEET WITH TRUST IN ORDER TO WORK OUT ALL DIFFERENCES RELATING TO SAID INTERLOCAL AGREEMENT. Chairman Winton: 33 is a time certain. Vice Chairman Teele: Mr. Chairman, on number 33, I would like to move -- Mr. Manager, I really want to get your attention on this. I would like to move to defer Item 33, with instructions for the Manager and the Attorney to meet with the board and work out all differences. Just so that we're consistent, when the board brought their items to us, we were in the old arena, and they asked me to get it approved. I said, no. We will accept it subject to the Manager being -- and now we don't want the Manager to just give us something if they've not negotiated, and so what I'm asking is that this item be deferred to the next meeting, with the instructions for the Attorney and the Manager. They've got a board meeting, I think, scheduled for this coming Monday, and we need to get them to amend their board, and to discuss this item. So moved. Commissioner Sanchez: Second. Chairman Winton: Yeah. Motion, second. Any further discussion? Being none, all in favor, aye. The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. 105 September 11, 2003 The following motion was introduced by Vice Chairman Teele, who moved for its adoption: MOTION NO. 03-970 A MOTION TO DEFER TO THE NEXT COMMISSION MEETING, PROPOSED INTERLOCAL AGREEMENT BETWEEN THE CITY OF MIAMI AND THE MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST; FURTHER INSTRUCTING THE CITY MANAGER AND THE CITY ATTORNEY TO MEET WITH THE TRUST IN ORDER TO WORK OUT ALL DIFFERENCES RELATING TO SAID INTERLOCAL AGREEMENT. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado 30. ACCEPT RECOMMENDATION OF MANAGER TO APPROVE FINDINGS OF EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS NO. 02-03- 099, THAT MOST QUALIFIED FIRM TO PROVIDE PSYCHOLOGICAL SCREENING SERVICES FOR DEPARTMENT OF POLICE IS LAW ENFORCEMENT PSYCHOLOGICAL AND COUNSELING ASSOCIATES, INC.; AUTHORIZE MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH SAID FIRM, TOTAL AMOUNT $1,362,000; ALLOCATE FUNDS FROM POLICE GENERAL OPERATING BUDGET. Chairman Winton: Item 34. Commissioner Gonzalez: Move Item 34. Chairman Winton: 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. 106 September 11, 2003 The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-971 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO APPROVE THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS NO. 02-03-099, THAT THE MOST QUALIFIED FIRM TO PROVIDE PSYCHOLOGICAL SCREENING SERVICES FOR THE DEPARTMENT OF POLICE IS LAW ENFORCEMENT PSYCHOLOGICAL AND COUNSELING ASSOCIATES, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID FIRM, FOR A THREE-YEAR PERIOD, WITH THE OPTION TO RENEW FOR THREE ADDITIONAL ONE-YEAR PERIODS, AT AN ANNUAL AMOUNT NOT TO EXCEED $227,000, FOR A TOTAL AMOUNT NOT TO EXCEED $1,362,000; ALLOCATING FUNDS FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NOS. 001000.290201.6.260 ($115,000 ANNUALLY) AND 001000.290201.6.270 ($112,000 ANNUALLY), 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 Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado 107 September 11, 2003 31. TABLED: PROPOSED ALLOCATION OF $700,000, FOR SPECIAL OVERTIME TO CONTINUE VEHICLE IMPOUNDMENT PROGRAM AND PROVIDE FUNDING FOR SPECIAL OVERTIME FOR POLICE OPERATIONS. Chairman Winton: 35. Vice Chairman Teele: So moved. Commissioner Gonzalez: Second for discussion. Chairman Winton: Discussion, yes, sir. Commissioner Gonzalez: Yes. Mr. Manager, I have a question on this overtime. Is this overtime that the Police Department already used? Is this overtime that is going to be used in the future? Is this overtime that (UNINTELLIGIBLE)? John Gallagher: Good morning. John Gallagher, assistant chief of Police, Miami Police Department. Commissioner, this is overtime that is incurred in this current fiscal year, the year expiring at the end of this month, and it's for -- mostly for events that have already been policed. Commissioner Gonzalez: So, it's overtime that (INAUDIBLE)? Assistant Fire Chief Gallagher: Yes, sir. Commissioner Sanchez: And some of that -- oh, I'm sorry. Commissioner Gonzalez: And this overtime is used in what, what type of events? Assistant Fire Chief Gallagher: Commissioner, this is considered special overtime, is the way we term it within the Police Department, but some of the major events that take up the bulk of this seven hundred -plus thousand dollars were -- for instance, some of it was for the FTAA (Free Trade Area of the Americas), the preparations for that conference. We had to incur some overtime in preparing for the event, even though it's in the next fiscal year. A large -- the single largest piece of this money came from the task force put together for the serial rapist. There was also some special overtime incurred in each of the different NET (Neighborhood Enhancement Team) areas for different special projects, so those would be the three or four things that take up the vast majority of that $700,000. Commissioner Sanchez: OK. Commissioner Gonzalez: Was there any -- of this money spent in my area, in Allapattah? Was any overtime spent in Allapattah? Assistant Fire Chief Gallagher: Yes, there was. There was overtime spent in each of the NET areas. There was a fifth -day beat overtime that the City Manager, seeing that this summer we had some shortages, due to attrition and an increase military commitment, and we were able to 108 September 11, 2003 sit down with the Manager; explain what our problems were, and he authorized, out of salary savings, a large amount of money that was used directly in all the NET areas and in all the districts for added patrol and added police presence. Commissioner Gonzalez: All right. Thank you. Assistant Fire Chief Gallagher: Thank you, Commissioner. Vice Chairman Teele: Mr. Chairman. Joe Arriola (City Manager): Commissioner -- Chairman Winton: Yes, sir. Mr. Arriola: --I just -- Chairman Winton: Yes, Commissioner Teele. Mr. Arriola: I'm sorry. I didn't mean to talk -- Vice Chairman Teele: Go right ahead, Mr. Manager. Mr. Arriola: No. I also want you to understand that this money came from salary savings, and a lot of times was kind of -- because we had a shortage, we -- the money we saved from salary, we actually put it back into the overtime. It's not like it was additional monies besides what we have budgeted. This is money that we had actually saved from salary savings that we put back into overtime. Chairman Winton: Commissioner Teele. Vice Chairman Teele: That goes to my question. Was -- do we have a list of what this $700,000 is? Assistant Fire Chief Gallagher: I do have in my hand a copy of this -- of that list. Vice Chairman Teele: That's what Senator McArthur used to say. Chairman Winton: Oh, my God. Vice Chairman Teele: "I have in my hand," but we don't have it in our hands. I think, in fairness, you should let us -- Senator, you should let us just sort of look at that list. Assistant Fire Chief Gallagher: I have not now, nor have I ever been -- I'd be glad to make a copy right away. Vice Chairman Teele: Was -- is all of this in the fourth quarter? 109 September 11, 2003 Assistant Fire Chief Gallagher: Most of it was. I can't say all of it; I'm not certain, but it was during the summer and here in the early part of the fall. Vice Chairman Teele: Normally, you would have the authority to reallocate this without coming here, except in the fourth quarter. In other words, if this is actually an adjustment -- because your budget is -- what's your budget, 20 -- what do you all carry as your budget? Assistant Fire Chief Gallagher: Annual budget for the Police Department -- Vice Chairman Teele: Uh-huh. Assistant Fire Chief Gallagher: -- it's upwards of a hundred million dollars. Vice Chairman Teele: So, you know, you have the authority to move, I think, is it 10 percent, back and forth between lines, except in the fourth quarter, so I assume that's why it's coming to us, is that right, Mr. Attorney? Alejandro Vilarello (City Attorney): This item is an authorization to use LETF (Law Enforcement Trust Funds) funds. They were -- as -- by way of background, they were providing you information with regard to the movement of salary savings. Vice Chairman Teele: But wait, wait, wait, wait. I thought this was reallocated savings from -- Commissioner Gonzalez: From salaries. That's what -- Vice Chairman Teele: -- salaries. Assistant Fire Chief Gallagher: I think I created that misunderstanding, Commissioner. The sheet I have before me is a combination of both, and the projects that I listed received fundings from both. Mr. Vilarello is absolutely correct. What is before you today, this $700,000, is coming out of LETF. Would it be helpful if -- in lieu of making the copy -- I'm happy to do that. I read very quickly -- what the different items are? Chairman Winton: No. I think we need to bring this back this afternoon. Would you make a copy; make sure you get around and visit the Commissioners during the break? Assistant Fire Chief Gallagher: Certainly. Chairman Winton: And we'll bring this back this afternoon. Mr. Vilarello: Commissioner Teele -- before you do that, could I ask Commissioner Teele a question? -- your concern and your question with regard to the salary savings and the movement of funds is whether the anti -deficiency ordinance was complied with? Vice Chairman Teele: No. I -- by being here, they're complying fully. 110 September 11, 2003 Mr. Vilarello: But that's not the item before you, so we do need to get to you so we can explain exactly which item is before you. Chairman Winton: Please, so after -- during the break. OK. Item -- Vice Chairman Teele: Wait, excuse me. Before you leave, do you know where -- sir, do you know where you are in relationship to your budget year-to-date? Are you -- ? Chairman Winton: Is it different than this? Vice Chairman Teele: This being the 11th -- the 12th month of the fiscal year. Are you all projecting a budget deficit or a budget surplus? Assistant Fire Chief Gallagher: Maybe I can answer that more directly. I believe we're right on course, Commissioner, but since I'm going to come back this afternoon, I want to be specific in responding. Vice Chairman Teele: I guess, and the final thing on this is this item reflects, again, the fact that the Manager and the Chief have the flexibility to deal with some special events, and again, my concern is those special events that are taking place in our parks, and our NET Offices, there should be some budget line in that budget going in next year so that you don't have -- send those -- you don't have to send those community-based organizations to us to ask for $3,000 for Police overtime. See, here we're getting ready to deal with $700,000. That's a good number, and I'm not -- I'm in favor of it. I mean -- but again, it just seems to me that we're micromanaging the community-based organizations that are having legitimate activities in our parks and in our neighborhoods, and I'm not talking about things that go on at Bayfront Park, or things that go on as a special event, but again, I'm urging the Chief to build into his budget for the flexibility for those activities that take place in the parks and in the NET areas that are -- you know, community-based organizations, or good citizens activities; that you have a flexibility to expend special event money and not send all of that to the Commission, because every time we do it, it looks like we're giving away money when, in fact, we're not giving away money; we're merely trying to make facilities available for the good citizens, you know, the law-abiding citizens, and I wish you would internalize this because $700,000 is a lot of money for special event and special -- and I'm not questioning any of them, and I am sure they're all good. I'm just saying you need to build into this a little bit more flexibility for the Chief to be able to provide resources for events in the parks and in neighborhoods, please. Assistant Fire Chief Gallagher: Yes, sir. Vice Chairman Teele: Thank you. Chairman Winton: OK. Thank you, and we'll see this after lunch. Assistant Fire Chief Gallagher: Yes, sir. 111 September 11, 2003 32. APPOINT FELICE DUBIN AS MEMBER OF ARTS AND ENTERTAINMENT COUNCIL. Chairman Winton: OK. Item 36. Vice Chairman Teele: I don't have any appointments. Commissioner Gonzalez: Yeah. Chairman Winton: Arts and -- Commissioner Gonzalez: Mr. Chairman, I'm going to reappoint Felice Dubin. Vice Chairman Teele: Second. Chairman Winton: Got a motion, 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. 03-972 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE CITY OF MIAMI ARTS AND ENTERTAINMENT COUNCIL FOR A TERM AS DESIGNATED HEREIN. Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez NAYS: None. ABSENT: Commissioner Tomas Regalado Commissioner Joe Sanchez 112 September 11, 2003 33. TABLED: APPOINT AN INDIVIDUAL AS MEMBER OF COMMUNITY RELATIONS BOARD. Chairman Winton: 37. Vice Chairman Teele: I'm going to -- 37, I'm going to reappoint Mr. Robins. I have a long letter of explanation -- Commissioner Gonzalez: Second. Vice Chairman Teele: -- as to his absences. This requires a waiver -- Chairman Winton: Fine. Vice Chairman Teele: -- as a result of absences. Chairman Winton: Well, how many votes for a waiver, four? Vice Chairman Teele: Four-fifths. Priscilla A. Thompson (City Clerk): Four-fifths. Chairman Winton: Well, where's Commissioner Sanchez? Commissioner Gonzalez: He's not here. Chairman Winton: Well, see if y'all can find Commissioner Sanchez, so we can do some of these, so we'll come back to this one in a second, Commissioner Teele. 34. APPOINT PATRICK RANGE, JR. AND YVONNE MCDONALD AS MEMBERS OF EQUAL OPPORTUNITY ADVISORY BOARD. CONFIRM APPOINTMENT OF JOE SIMMONS, JR. AS MEMBER OF EQUAL OPPORTUNITY ADVISORY BOARD, REPRESENTING AFSCME LOCAL 871 (SANITATION UNION). Chairman Winton: Item 38, Commissioner Teele. Vice Chairman Teele: No. Chairman Winton: Commissioner Teele, would you take the -- ? Vice Chairman Teele: I -- do you have a rec -- ? Chairman Winton: Yes, I have two. OK. Yeah, we need your vote in a second. I have two, Patrick Range, Jr., and Yvonne McDonald. 113 September 11, 2003 Commissioner Gonzalez: Second. Vice Chairman Teele: Moved and second. Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. The following motion was introduced by Chairman Winton, who moved for its adoption: MOTION NO. 03-973 A MOTION APPOINTING PATRICK RANGE, JR. AND YVONNE MCDONALD AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez NAYS: None. ABSENT: Commissioner Tomas Regalado Commissioner Joe Sanchez Vice Chairman Teele: Commissioner Regalado -- Commissioner Gonzalez, do you have -- ? Commissioner Gonzalez: I'm going to defer my appointment. Vice Chairman Teele: Would you move Joe Simmons as the representative of AFSCME (American Federal, State, County, and Municipal Employees)? Chairman Winton: So moved. Commissioner Gonzalez: Second. Vice Chairman Teele: Moved. Is there a second? Commissioner Gonzalez: Second. Vice Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. 114 September 11, 2003 The following motion was introduced by Chairman Winton, who moved for its adoption: MOTION NO. 03-974 A MOTION CONFIRMING THE APPOINTMENT OF JOE SIMMONS, JR. AS A MEMBER OF THE EQUAL OPPORTUNITY ADVISORY BOARD, REPRESENTING AFSCME LOCAL 871 (SANITATION UNION). 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 NAYS: None. ABSENT: Commissioner Tomas Regalado Commissioner Joe Sanchez 35. APPOINT ANTHONY ROBBINS AS MEMBER OF COMMUNITY RELATIONS BOARD. Vice Chairman Teele: All right, and Commissioner -- Alejandro Vilarello (City Attorney): Who needed the waivers? Vice Chairman Teele: -- Sanchez is here. Chairman Winton: Commissioner Teele, did you have -- Commissioner Sanchez: (INAUDIBLE). Vice Chairman Teele: Yeah, I move Commissioner -- I moved Mr. Robbins reappointment. Chairman Winton: That's on Item 37. Commissioner Sanchez: 37? Chairman Winton: Yes. Vice Chairman Teele: 37. Chairman Winton: Need a second on that. That's a board appointment. Vice Chairman Teele: Board appointment. 115 September 11, 2003 Chairman Winton: Community Relations Board. Commissioner Sanchez: Second. Chairman Winton: So, a motion, second. Discussion. Vice Chairman Teele: With a waiver. Chairman Winton: With a waiver. 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 Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-975 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE COMMUNITY RELATIONS BOARD FOR A TERM AS DESIGNATED HEREIN. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado 116 September 11, 2003 36. APPOINT ROSIE MOLINA AND PRISCILLA MOSS GREENFIELD AS MEMBERS OF HEALTH FACILITY BOARD. Chairman Winton: Commissioner Teele, did you have appointments on the Equal Opportunity Board? Vice Chairman Teele: No, I didn't. Chairman Winton: OK, so we go to Item 39. Would somebody, on my behalf, appoint Priscilla Moss Greenfield? Vice Chairman Teele: So moved. Commissioner Gonzalez: Second. Chairman Winton: Motion, second. Discussion. Being none, all -- Priscilla A. Thompson (City Clerk): I'm sorry. Commissioner Winton, are you on number 39? Chairman Winton: Yes. Vice Chairman Teele: Yes. Ms. Thompson: We only have an appointment for Commissioner Sanchez. I'm sorry. Chairman Winton: Oh, I'm sorry. Commissioner Gonzalez: Second. Commissioner Sanchez: Rosa Molina. Vice Chairman Teele: Nice try. Chairman Winton: I don't know how -- it was in front of me. I wasn't paying attention. Commissioner Gonzalez: Second. Chairman Winton: I'm sorry. Sorry. Commissioner Sanchez: Yeah, I was wondering what you're trying to pull. Chairman Winton: You know, I'm just getting sneaky up here now, so -- I'm sorry. You have a motion. Who second? Commissioner Gonzalez: And a second. I second it. 117 September 11, 2003 Chairman Winton: OK. Motion, second. Discussion. Yes, ma'am. Ms. Thompson: I just was informed that your office is in possession of a resignation letter, which we have not received, so if you want to go ahead and make your appointment, that's fine. Chairman Winton: OK. Ms. Thompson: That'll move -- Chairman Winton: See, I wasn't -- Ms. Thompson: -- the process along. Chairman Winton: See, Joe, I wasn't trying to sneak something in here -- Commissioner Gonzalez: (UNINTELLIGIBLE) too far. Chairman Winton: -- so, anyhow, we have a motion and a second. Further discussion on Commissioner Sanchez appointment. 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. 03-976 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE HEALTH FACILITIES AUTHORITY FOR A TERM AS DESIGNATED HEREIN. Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado 118 September 11, 2003 Chairman Winton: Would one of y'all, please, move Priscilla Moss Greenfield -- Commissioner Sanchez: So move. I believe Commissioner Teele already. Chairman Winton: -- for my resignation that's coming? Vice Chairman Teele: Second. Commissioner Sanchez: Second. Chairman Winton: We have a -- Vice Chairman Teele: So moved. Chairman Winton: -- motion, 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 Sanchez, who moved for its adoption: MOTION NO. 03-977 A MOTION APPOINTING PRISCILLA MOSS GREENFIELD AS A MEMBER OF THE HEALTH FACILITY BOARD. Upon being seconded by Vice Chairman Teele, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado 119 September 11, 2003 37. APPOINT JAMES BLACK AND DANA MANNER AS MEMBERS OF PLANNING ADVISORY BOARD. Chairman Winton: Item 40, Commissioner Teele, Orange Bowl Advisory Board, and would someone check with the Mayor and see if he has appointments? Vice Chairman Teele: Who's my appointment now? Priscilla A. Thompson (City Clerk): Right now, it's Laurinus Pierre, and he would need a four - fifth waiver of the electoral requirement. Vice Chairman Teele: All right. Let me take that up later on. Chairman Winton: OK. 41, Planning Advisory Board. Commissioner Sanchez and Commissioner Teele -- Commissioner Sanchez: Yes. Chairman Winton: -- you each have one. Commissioner Sanchez: Dana Manner -- Minor or Manner. Commissioner Gonzalez: Second. Commissioner Sanchez: He needs a four -fifth. Chairman Winton: OK. Commissioner Sanchez: Right. Chairman Winton: So, we have a motion and second on waiver. 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. 03-978 A MOTION APPOINTING DANA MANNER AS A MEMBER OF THE PLANNING ADVISORY BOARD. 120 September 11, 2003 Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado Chairman Winton: Commissioner Teele, do you have some on the -- Vice Chairman Teele: On which one? Chairman Winton: -- Planning Advisory Board? Commissioner Sanchez: When are we going to start getting rid of some of these boards? Chairman Winton: We need to work on that next year. Vice Chairman Teele: James Black. Chairman Winton: Got a motion. Vice Chairman Teele: Planning Advisory Board. Chairman Winton: 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 resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-979 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS REGULAR MEMBERS OF THE PLANNING ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. 121 September 11, 2003 Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado 38. APPOINT ALBENA SUMNER AS MEMBER OF PARKS ADVISORY BOARD. Chairman Winton: Waterfront Advisory Board, 42. Commissioner Gonzalez. Commissioner Gonzalez: I'm going to defer. Priscilla A. Thompson (City Clerk): Commissioners, if I might. I just want to correct what you have in front of you. This is a reconstructed board -- a restructured one, I'm sorry, and there is no alternate member anymore, so you have actually 12 seats, no alternates, a restructured board. Chairman Winton: Got it. OK. Commissioner Gonzalez. Vice Chairman Teele: Do I have an -- Commissioner Gonzalez: I'm going to defer. Vice Chairman Teele: -- don't I have an appointment to the Parks Advisory Board that I never made? Ms. Thompson: Yes, you do. Vice Chairman Teele: I would like to appoint Albena Sumner. Albena. Chairman Winton: She can't hear you out there. Vice Chairman Teele: Mr. Chairman, let me just present to the Commissioners. Ms. Sumner is the newest member of District 5. Albena Sumner: Yes. Commissioner Sanchez: She moved into your district? Vice Chairman Teele: As a part of the -- 122 September 11, 2003 Commissioner Sanchez: Oh, yeah. Well, that's right. Vice Chairman Teele: -- she has faithfully been -- Commissioner Sanchez: Redistricting. Vice Chairman Teele: -- an advisor to Commissioner Gonzalez, and before him, to others, and as a result of the change, and with your permission, I'm going to appoint you to the Parks Advisory Board -- Ms. Sumner: Yes, sir. Vice Chairman Teele: -- so -- Chairman Winton: So, she accepts, there you go. Ms. Sumner: Yes. However -- Chairman Winton: Name and address, please. Ms. Sumner: -- I have a question. Vice Chairman Teele: Name and address. Ms. Sumner: Albena Sumner, 1360 Northwest 37 Street, Miami, Florida 33142. Chairman Winton: Your question. Ms. Sumner: I got a call yesterday from Commissioner Gonzalez's office because, you know, we're coming from district -- and I was his representative on the Equal Employment Advisory Board to the Commission, and he wanted to -- Vice Chairman Teele: All that stays the same until it changes. Ms. Sumner: Oh, wonderful, OK. I will be happy to accept the nomination. Chairman Winton: OK. Vice Chairman Teele: And as a member of the Parks Advisory Board, it's citywide anyway. It's really not -- so -- Chairman Winton: So, motion, second. Commissioner Gonzalez: Second. Chairman Winton: Discussion. Being none, all in favor, "aye." 123 September 11, 2003 The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-980 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE PARKS ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado Chairman Winton: Welcome. Thank you. Ms. Sumner: Thank you. 39. APPOINT CARL SMITH AND NEAL McALILEY AS MEMBERS OF WATERFRONT ADVISORY BOARD. Chairman Winton: Commissioner Sanchez, Waterfront Advisory Board. Commissioner Sanchez: I believe -- I'll defer. Chairman Winton: Defer. Would one of y'all nominate, on my behalf, Carl Smith and Neal McAliley? Commissioner Gonzalez: So moved. Chairman Winton: Got a motion. Need a second. Commissioner Sanchez: Second. Chairman Winton: Second. Discussion. Being none, all in favor, "aye." 124 September 11, 2003 The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following motion was introduced by Commissioner Gonzalez, who moved for its adoption: MOTION NO. 03-981 A MOTION APPOINTING CARL SMITH AND NEAL McALILEY AS MEMBERS OF THE WATERFRONT ADVISORY BOARD. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado Vice Chairman Teele: What number was that? Chairman Winton: 42. 40. APPOINT SYLVANO BIGNON, ANDY LOUIS CHARLES, ELENA CARPENTER, ALLEN SWEENY, SUE BILLIG, JOHN HOLCOMBE, KATHLEEN MORRIS AND VALERIE RICORDI AS MEMBERS OF COCONUT GROVE PARKING ADVISORY COMMITTEE. Chairman Winton: And what happened to 43? Oh, here it is. 43 is Coconut Grove Parking Advisory Board, and if you all don't mind -- I have -- are these people all on the board currently? There's four people that are on the board that are Commission at -large, Sylvano Bignon, Andy Louis Charles, Elena Carpenter, and Allen Sweeney. If y'all have no objections, would one of you mind moving those four names? Commissioner Gonzalez: So moved. Chairman Winton: Second. Vice Chairman Teele: Second. Chairman Winton: Got a motion, second. Discussion. Being none, all in favor, "aye." 125 September 11, 2003 The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following motion was introduced by Commissioner Gonzalez, who moved for its adoption: MOTION NO. 03-982 A MOTION APPOINTING THE MEMBERS OF THE COCONUT COMMITTEE: • SYLVANO BIGNON • ANDY LOUIS CHARLES • ELENA CARPENTER • ALLEN SWEENY FOLLOWING INDIVIDUALS AS GROVE PARKING ADVISORY Upon being seconded by Vice Chairman Teele, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez NAYS: None. ABSENT: Commissioner Tomas Regalado Commissioner Joe Sanchez Chairman Winton: 44, I think we'll -- Priscilla A. Thompson (City Clerk): Commissioners -- Chairman Winton: -- hold that for -- Ms. Thompson: -- I'm sorry. If we can go back to 43, you do have four individuals that need confirmation from the co -- Chairman Winton: Oh, OK. That's the names on here? Ms. Thompson: Yes. Vice Chairman Teele: I would so move the names of Robert Masrieh -- Ms. Thompson: No. He is -- he's different, sir. I'm sorry. 126 September 11, 2003 Vice Chairman Teele: Which one? Ms. Thompson: Mr. Masrieh is going to need a unanimous approval -- I'm sorry, unanimous waiver because he served for the -- more than eight years, so you'll have to take him out and handle him separately. We're starting with Sue Billig. Commissioner Gonzalez: Yeah, we have a problem. That's why -- Vice Chairman Teele: I move those four. Commissioner Gonzalez: That's -- Ms. Thompson: Thank you. Commissioner Gonzalez: That's why, at the time, I said we better do it with a four -fifth vote because Commissioner Regalado is not here now, so -- Vice Chairman Teele: I move those four, Sue Billig, John Holkum, Kathleen Morris, and Valerie -- Chairman Winton: We have a motion -- Vice Chairman Teele: -- Ricordi. Commissioner Gonzalez: But he needs -- Chairman Winton: -- and a second. No, no, these four didn't -- Commissioner Gonzalez: Are we talking about the -- Chairman Winton: -- these three don't. John Masrieh is the only one. Vice Chairman Teele: This is number 43 -- Chairman Winton: Yeah, and it's (INAUDIBLE). Vice Chairman Teele: -- of the Coconut Grove Village -- Commissioner Gonzalez: OK. Chairman Winton: So, we need a second. Commissioner Gonzalez: Second. Chairman Winton: Second. Discussion. Being none, all in favor, "aye." 127 September 11, 2003 The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-983 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COCONUT GROVE PARKING ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. 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 NAYS: None. ABSENT: Commissioner Tomas Regalado Commissioner Joe Sanchez Chairman Winton: Now, Mr. City Attorney, on the unanimous approval of extending beyond the eight years, that requires five votes; is that not correct? Alejandro Vilarello (City Attorney): Correct. Chairman Winton: OK. Mr. Vilarello: The consent of all five Commissioners. Chairman Winton: Yeah, just want to make sure. 41. APPOINT DANIEL FILS-AIME, SR., ALPHONSO TOWNSEL, RICHARD HORTON AND CARLA HARRIS AS MEMBERS OF SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM. Chairman Winton: OK. 44, I'd like to hold that. Commissioner Regalado is the chairman of that committee, so I'd like to wait until he's here this afternoon. 45, Environmental Preservation Board, Commissioner Gonzalez, you have two. Commissioner Gonzalez: I will defer. 128 September 11, 2003 Chairman Winton: And do I have anybody? No. I guess I'll defer also. Vice Chairman Teele: Number 40 -- Chairman Winton: 6. Vice Chairman Teele: I move the appointment as stated, Mr. Daniel Fils-Aime, Alphonso Townsel, Richard Horton, and Clara [sic] Harris as recommended by the management to be members of the South Florida Employment and Training Consortium for a term of two years, so move. Barbara Rodriguez (Director, Department of Community Development): I need to make a modification. Instead of the South Florida Employment and Training Consortium, it's the South Florida Workforce Board, and Commissioner Regalado is requesting that you consider one more member that came in approved, Frank Carrollo, for the board. Vice Chairman Teele: I accept the change. We have another -- Commissioner Gonzalez: What -- will you -- Chairman Winton: Who? Commissioner Gonzalez: -- repeat that again? Ms. Gomez -Rodriguez: Frank Carollo. Chairman Winton: Is he -- ? Commissioner Gonzalez: Commissioner Regalado is recommending Frank -- Ms. Gomez -Rodriguez: Mr. Frank Carrollo. Commissioner Gonzalez: -- Carrollo? Carrollo, C -A -R -R -- Chairman Winton: Are we sure? Ms. Gomez -Rodriguez: Yes. Vice Chairman Teele: I would so move. I would so move. So move. Chairman Winton: You know, this -- Vice Chairman Teele: Let's all get along. Chairman Winton: -- is an interesting town, isn't it? 129 September 11, 2003 Ms. Gomez -Rodriguez: We still have three vacant positions, Commissioner Teele. Vice Chairman Teele: There's still three vacant positions, and at this point, I'd move his brother, if that would help -- Ms. Gomez -Rodriguez: Yes. Vice Chairman Teele: -- move the process. Chairman Winton: Got a motion and a second. Commissioner Gonzalez: Yeah, I second it. Chairman Winton: Discussion. We've had it, the discussion. All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-984 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE SOUTH FLORIDA WORKFORCE BOARD, FOR TERMS AS DESIGNATED HEREIN. 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 NAYS: None. ABSENT: Commissioner Tomas Regalado Commissioner Joe Sanchez Vice Chairman Teele: Was that with -- Commissioner Gonzalez: I tell you, politics -- Vice Chairman Teele: --Frank and the brother or just Frank? Commissioner Gonzalez: -- is incredible, you know. 130 September 11, 2003 Chairman Winton: OK. 42. APPOINT CYNTHNIA HARALSON AS MEMBER OF HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD. Chairman Winton: And I -- and, apparently, I have one more here that I'm supposed to be doing? On 40 -- oh, it's 43. I missed one on 43 on my -- no, that's not 43. Vice Chairman Teele: You're recognized, Mr. Chairman. Chairman Winton: Yeah, OK, thank you. On the HEP (Historic and Environmental Preservation) Board, I'm reappointing Cynthia Haralson. Vice Chairman Teele: Move. Is there a second? Is -- Commissioner Gonzalez: Second. Vice Chairman Teele: -- there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All opposed? The following resolution was introduced by Chairman Winton, who moved for its adoption: RESOLUTION NO. 03-985 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR A TERM AS DESIGINATED HREEIN. 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 NAYS: None. ABSENT: Commissioner Tomas Regalado Commissioner Joe Sanchez Chairman Winton: Thank you. 131 September 11, 2003 43. APPOINT CHARLES CUTLER AS MEMBER OF EQUAL OPPORTUNITY ADVISORY BOARD. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: If we could go back to the equal employment board, number 38. Chairman Winton: 38, sure. Hold on. You're recognized. Vice Chairman Teele: Now, if they've exceeded absences, that requires a four-fifths vote? Priscilla A. Thompson (City Clerk): That is correct, sir. Vice Chairman Teele: All right. Well, I'm going to appoint Mr. Cutler to replace Mr. Pierre, so move. Chairman Winton: Need a second. Commissioner Gonzalez: Second. Chairman Winton: Motion, second. Discussion. Commissioner Gonzalez: And I'm also -- OK, I'm sorry. Chairman Winton: Yeah. All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following motion was introduced by Vice Chairman Teele, who moved for its adoption: MOTION NO. 03-986 A MOTION APPOINTING CHARLES CUTLER AS A MEMBER OF THE EQUAL OPPORTUNITY ADVISORY BOARD. 132 September 11, 2003 Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez NAYS: None. ABSENT: Commissioner Tomas Regalado Commissioner Joe Sanchez Chairman Winton: Yes, sir. Commissioner Gonzalez: OK. I'm going to reappoint Albena Sumner on this board, on the Equal Opportunity Advisory Board. Chairman Winton: Need a second. Vice Chairman Teele: Second the motion. 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. Vice Chairman Teele: He reappointed Albena Sum -- Ms. Thompson: Yes. I'm sorry, but she has also exceeded the absences, so we need a four -fifth on her. Chairman Winton: Four -fifth. Commissioner Gonzalez: Pardon me? Vice Chairman Teele: We'll do that later. Chairman Winton: We need a four-fifths on her, so bring that back right after lunch, Commissioner Gonzalez. Commissioner Gonzalez: OK. Yeah, Joe is not here. Chairman Winton: OK. Yeah, Joe's not here. 133 September 11, 2003 Vice Chairman Teele: You see, Mr. Attorney, this is a spirit of forgiving. Mr. Cutler, who messed me up, just got appointed and Frank just got appointed, so -- Chairman Winton: OK. I think we should break for lunch. We're ready for the -- Commissioner Gonzalez: Are we done? Chairman Winton: -- action this afternoon. Vice Chairman Teele: Now, we have the 5 o'clock budget hearing. What time did you want to come back? Chairman Winton: 3. Vice Chairman Teele: Do we have -- Commissioner Gonzalez: Do we have anything to do at 3? Chairman Winton: Oh, that's a good question. Do we have a time certain? Vice Chairman Teele: Well, we have the items relating to Community Development that we skipped over -- Chairman Winton: Right. Vice Chairman Teele: -- but I don't think that's going to take that long. Maybe we come back at 3:30? Chairman Winton: Be fine with me. Commissioner Gonzalez: 3:30 or 4 o'clock. Chairman Winton: 3:30 or 4. Vice Chairman Teele: 3:30. Chairman Winton: OK, 3:30. Commissioner Gonzalez: OK. Chairman Winton: So, let everybody know 3 -- we'll be back at 3:30. Commissioner Gonzalez: 3:30. Chairman Winton: Thank you. 134 September 11, 2003 44. DEFER TO NEXT COMMISSION MEETING, CONSIDERATION OF PROPOSED BIDS OF VARIOUS VENDORS FOR PURCHASE OF TIRES AND TUBES FOR DEPARTMENT OF PURCHASING TO BE UTILIZED BY VARIOUS DEPARTMENTS AND AGENCIES; DIRECT CITY ATTORNEY AND ADMINISTRATION TO MEET WITH MR. HUMBERTO OLIVERA TO DETERMINE WHETHER OR NOT BID PROCEDURES HAVE BEEN PROPERLY FOLLOWED RELATED TO THIS ITEM. Chairman Winton: So, we had a couple of cleanup items from this morning that I want to go back to. I think the first one's relative to procurement and tires or something, so -- and I think Commissioner Regalado had the questions on that issue, so are you all prepared? OK. Please. Glenn Marcos (Director, Purchasing): Commissioner, what you have in front of you, the spreadsheet, and early this morning, Commissioner Regalado asked to see the difference between locals and nonlocals. If you go to page number 3, you will see the actual total figure. The first figure, $686,899.26 is that amount that will be awarded to nonlocal vendors -- Chairman Winton: Estimated amount. Mr. Marcos: The estimated amount, that is correct. Versus -- Chairman Winton: Based on your analysis of normal wear and tear for tires, I'm assuming? Are y' all ready or not ready? Mr. Marcos: Excuse me for a second. I've been informed by staff that there was a formula error in the spreadsheet. Chairman Winton: Are you ready? Mr. Marcos: Yes, Commissioner Winton. There was a formula error in the actual spreadsheet, and what shows on page number 3 is actually the following: $398,017.26 will be awarded to nonlocals versus 522,054.70 to local vendors. Chairman Winton: That's -- these are all estimates that are -- Mr. Marcos: These are all estimates. Chairman Winton: -- based on your assumptions on type of vehicle and projected wear and tear per vehicle that uses whatever kind of tires, whether it's a truck tire, a car tire, or a big truck tire or whatever; is that correct? Mr. Marcos: That's correct, sir. Commissioner Regalado: Now, my question -- Mr. Chairman. Chairman Winton: Yes, sir. 135 September 11, 2003 Commissioner Regalado: My question is, did you offer the local vendors -- not these two -- this bid using the ten percent -- Mr. Marcos: As long -- Commissioner Regalado: -- you -- all the local vendors in the City of Miami? Mr. Marcos: -- as the local vendor fell within the ten percent of the low bid amount -- Commissioner Regalado: No, no. I'm -- Mr. Marcos: -- per the local -- Commissioner Regalado: -- asking -- Mr. Marcos: That's how the local preference states. Commissioner Regalado: No, no. I'm asking, did you offer this bid -- you went around and knocked on local vendors and offer -- say, "We are going to buy tires. Are you interested?" Did you miss any local vendor? Mr. Marcos: Commissioner Regalado, we went ahead and reached out to local vendors, and as far as I'm aware, I can give you a list of those local vendors that we reached out to, OK. Whether or not they wanted to bid on that -- Commissioner Regalado: That's another thing -- Mr. Marcos: -- totally -- Commissioner Regalado: -- but I'm asking if you reach out to all of them. Mr. Marcos: Yes. Yes, sir. Commissioner Regalado: All of them. Chairman Winton: Well, all of -- Mr. Marcos: Well -- Chairman Winton: How can he say "all of them?" You may not even -- Mr. Marcos: -- it's the one that we've -- Chairman Winton: -- know if he know all of them. Mr. Marcos: -- identified within the City of Miami. 136 September 11, 2003 Chairman Winton: So -- Mr. Marcos: We try to reach out and identify those vendors within the City of Miami and we try to reach out to them. Chairman Winton: Then the answer is to all of them as far as you could tell, but you don't know if you reached out to all of them because you have no way of knowing who all of them are. Mr. Marcos: That's correct, sir. Commissioner Regalado: Only two responded. Mr. Marcos: Only two responded, but I can give you the list of those that we did reach out to. Chairman Winton: I think that'd be valuable, so why don't you -- Commissioner Regalado: Yeah, it would. Chairman Winton: -- provide that list to -- Mr. Marcos: I'll have staff -- Chairman Winton: -- all the -- because the value of that is that these Commissioners may know some other local vendors and we can get them put on the request list next go -around and maybe they'll bid. Mr. Marcos: I have that list in the back room. I can get -- Chairman Winton: OK. Mr. Marcos: -- that for you. Commissioner Regalado: No, and not only that, I was not asking because of that. I was asking because when people complain, you guys give business to outside of Miami vendors, we can say, "No. We knock on everybody's door." Chairman Winton: Great, perfect. Commissioner Regalado: They didn't want to do it. Well, fine. We can just put a gun to their head and to do it. Chairman Winton: Right, so you'll get that to the Commissioner. Mr. Marcos: I can get it right now. 137 September 11, 2003 Chairman Winton: Perfect. Thank you. Any other questions, Commissioner Regalado? Commissioner Regalado: I don't know. Is this a public hearing or it's a -- ? Chairman Winton: I don't think so. Is this a public hearing? Alejandro Vilarello (City Attorney): I believe that was an item removed from the consent agenda. Mr. Marcos: That's correct. Chairman Winton: Yeah, so it's consent agenda. Mr. Vilarello: It's not a public hearing, but certainly, the Commission can always allow the public to speak, if you wish to. Chairman Winton: Well, I'm -- Commissioner Gonzalez: OK. Chairman Winton: -- not in any (UNINTELLIGIBLE). Commissioner Gonzalez: If that is the case, Mr. Chairman, I would like to recognize a representative of Balado Tire. Balado Tire is in my district, and I believe the gentleman wants to address the City Commission, so if you allow me, Mr. Chairman. Chairman Winton: Sure. Commissioner Gonzalez: You know, even if you want to limit to time. Chairman Winton: OK. Humberto Olivera: My name is Humberto Olivera. I work with Balado Tire. Balado Tire had been here in the City since 1962. The reason that I come here to the Commission is because I see problems in this bid and some irregularities. The first one, the bid said in paragraph 3A, bid will be considered only for firms that regularly engage in the tire and tube industry -- Chairman Winton: Excuse me. Mr. Olivera: -- as described in -- Chairman Winton: Excuse me. Mr. Olivera: --the bid. 138 September 11, 2003 Chairman Winton: Excuse me. I'm sorry. Could I interrupt here? Mr. City Attorney, I'm hearing a bid protest here. This is not the forum -- Commissioner Gonzalez: That's not -- Chairman Winton: -- for a bid protest. Commissioner Gonzalez: Right. Mr. Vilarello: Yeah. That's -- Chairman Winton: Am I hearing a bid protest here? Mr. Vilarello: -- correct. I -- Mr. Olivera: What I am telling you is not a bid protest. I am telling you a bid of irregularity -- Mr. Vilarello: I understood that this is -- Mr. Olivera: -- because one is the language of the bid and one is -- Chairman Winton: But -- Mr. Olivera: -- the interpretation of the bid. Chairman Winton: -- I think you don't need to be telling us. You need to meet with the City Attorney's office and the Manager's office and work those details out with them, and if there's an issue that the Commission needs to take up, that'll come back before the Commission. Mr. Olivera: The problem, Commissioner Winton, is that we have the cone of silence imposed by the City Manager until Friday, and then as Commissioner Teele tell you, the minority vendors were at a disadvantage because we cannot protest. I cannot call Commissioner Gonzalez -- Mr. Vilarello: Mr. Chairman. Mr. Olivera: -- and tell him -- Mr. Vilarello: The City code provides for a process of submitting a bid protest. It's timely. It's timely based on when they receive information with regard to the Manager's recommendation to the City Commission. They've got a period of days to do that, and as far as I know, we don't have any bid protest on this particular -- Chairman Winton: Well, are they -- Mr. Vilarello: --bid -- 139 September 11, 2003 Chairman Winton: --still -- Mr. Vilarello: -- is that correct? Mr. Marco: That is correct. Mr. Olivera: Well -- Chairman Winton: -- within their -- Mr. Olivera: No. Chairman Winton: -- allowable time frame to protest the bid? Mr. Marco: No, Commissioner. The actual bidder did receive notice, via certified mail -- Chairman Winton: Oh. Mr. Marco: -- and fax -- Mr. Olivera: I sent him -- Mr. Marco: --and -- Mr. Olivera: -- numerous e-mail (electronic mail) telling him that I protest those actions, and he -- the only answer he got to say, "Don't talk about anything. You have a cone of silence." Are you remember that? Mr. Vilarello: Mr. Chairman, the cone of silence is simply a process by which you communicate any concerns that you have in writing instead of orally. The cone of silence allows you to complain about anything that you might want to complain about. You just have to do it in writing. That's all. Mr. Olivera: OK, I did it. Commissioner Gonzalez: Well, he's saying that he did through e-mail or through fax or whatever. Chairman Winton: OK. Mr. Olivera: So, if you let me talk -- Chairman Winton: Excuse me. Mr. Olivera: Yeah. 140 September 11, 2003 Chairman Winton: No. This is what you need to do. When does this bid go into effect? Mr. Marco: Can you clarify? I'm not getting the actual question. Chairman Winton: When -- Mr. Vilarello: With the new fiscal year? Is that --? Chairman Winton: When does this kick in? Mr. Marco: As soon as all bidders submit the required insurance certificate -- Chairman Winton: Well -- Mr. Marco: -- and upon approval of the City Commission. Chairman Winton: -- Mr. City Attorney, I still think that y' all need to meet with him; sort through this, and determine whether or not this -- the procedures have been properly followed or not properly followed. If they haven't been properly followed, then y'all need to come back to us at the next Commission meeting. Commissioner Gonzalez: It's very simple. Chairman Winton: OK, so, in the meantime -- now, that said, should we pass this CA (consent agenda) item now and you come back to us at -- Commissioner Gonzalez: (UNINTELLIGIBLE). Chairman Winton: -- the next meeting, if there's any irregularity or do we defer this CA item until the next Commission meeting? Mr. Vilarello: If you pass this item, then it'll be final; you've awarded the contracts. Chairman Winton: Well, then, we need to -- Commissioner Gonzalez: Then we need to defer. Chairman Winton: You need to determine what danger is there in delaying this till the next Commission meeting. Commissioner Gonzalez: None. Mr. Vilarello: None legally. I don't know if there's an administrative problem. Commissioner Gonzalez: None. 141 September 11, 2003 Chairman Winton: Are you going to have any problem buying tires? Mr. Marco: No. Chairman Winton: OK, so why don't we get a motion to -- Commissioner Gonzalez: OK. I move to defer -- Chairman Winton: -- move CA whatever this is. Commissioner Gonzalez: -- this item to this next -- Chairman Winton: What item is this, CA what? Commissioner Gonzalez: -- Commission meeting. Mr. Arriola: Twelve. Mr. Vilarello: Twelve. Chairman Winton: CA. 12 to the next Commission meeting; give the City Attorney's office and the Manager's office an opportunity to look -- to determine whether or not there were, in fact, any irregularities. Commissioner Regalado: And -- Chairman Winton: We have -- Commissioner Regalado: -- the gentleman can meet with the City Attorney and the Manager's office -- Chairman Winton: Yes. Commissioner Regalado: -- fine. Mr. Vilarello: Submit the written complaints to me, please. Mr. Olivera: OK. I have submit many e-mails, but now I put it in writing. I'm pretty sure Mr. Arriola have a copy of all my e-mails. Well, I sent an e-mail. That's the reason -- Chairman Winton: Excuse me. You've just had instruction, please, so get the thing in writing to the City Attorney's office and we'll -- Mr. Olivera: OK, I will. Chairman Winton: -- move from there. OK. We need a motion -- 142 September 11, 2003 Commissioner Gonzalez: Thank you. Chairman Winton: We've got -- you -- Commissioner Gonzalez: Move -- Chairman Winton: Would you move -- ? Commissioner Gonzalez: -- to defer -- Commissioner Regalado: Second. Commissioner Gonzalez: -- until the next Commission meeting -- Chairman Winton: OK. Commissioner Gonzalez: -- Item CA -- 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 Gonzalez, who moved for its adoption: MOTION NO. 03-987 A MOTION TO DEFER TO THE NEXT COMMISSION MEETING, CONSIDERATION OF PROPOSED BIDS OF VARIOUS VENDORS FOR PURCHASE OF TIRES AND TUBES FOR DEPARTMENT OF PURCHASING TO BE UTILIZED BY VARIOUS DEPARTMENTS AND AGENCIES; FURTHER DIRECTING THE CITY ATTORNEY AND ADMINISTRATION TO MEET WITH MR. HUMBERTO OLIVERA TO DETERMINE WHETHER OR NOT BID PROCEDURES HAVE BEEN PROPERLY FOLLOWED RELATED TO THIS ITEM. 143 September 11, 2003 Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez NAYS: None. ABSENT: Commissioner Tomas Regalado Commissioner Joe Sanchez 46. AUTHORIZE ALLOCATION OF $700,000, FOR SPECIAL OVERTIME TO CONTINUE VEHICLE IMPOUNDMENT PROGRAM AND PROVIDE FUNDING FOR SPECIAL OVERTIME FOR POLICE OPERATIONS. Chairman Winton: Well, I think we'll hold off -- oh, Commissioner Teele is here. We have one more clean-up item from this morning, and that's on the overtime issue, police overtime issue, F -- LTF [sic]. John Gallagher: Good afternoon, Commissioners. Commissioners, this morning -- I apologize -- I think I unnecessarily confused the issue that's before this board this morning or this afternoon. The source of overtime funds that's relevant in this ordinance before this body is $700,000 in LETF (Law Enforcement Trust Fund). I think I interjected some confusion into that when I mentioned the fifth day BEAT, and I apologize for that. During the break, we did have an opportunity to meet with the Commission staffs and provide a breakdown of how this $700,000 was spent, and if there's any questions, myself and Chief Fernandez are available to answer those. Chairman Winton: Was this an ordinance or a resolution? Priscilla A. Thompson (City Clerk): Reso. Chairman Winton: Reso. Commissioner Sanchez: So move. Chairman Winton: We have a motion. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Sanchez: Need a second for discussion. Vice Chairman Teele: Is there a second -- I'll second it for discussion. 144 September 11, 2003 Chairman Winton: Second it for discussion. Discussion, Commissioner Teele. Vice Chairman Teele: What is the special overtime that's in the various NET (Neighborhood Enhancement Team) offices? Chairman Winton: The three hundred and eighty -some thousand number? Vice Chairman Teele: Well, the 325, plus the 15, plus the 2, plus the 11. Chairman Winton: Chief. Mr. Gallagher: Sir, the special overtime is -- it's best described as the overtime that is not incurred in ordinary police operations, which would be late arrests, court overtime, things like that. That is not included in it. This is for special occurrences that are outside of that every day, ordinary overtime situation. It could be a hurricane. It could be a disturbance. There's a number of things that it could fall under. Vice Chairman Teele: Are you aware of any hurricane in the last fiscal year? Mr. Gallagher: No. Chairman Winton: He's not asking what it could be. He's asking what it is. Vice Chairman Teele: I don't want to belabor the point. Let me just make this clear. It's real clear to me that central and the south have significant -- not significant, but over -- there's some discretion being used there. In the north, unfortunately, you know, that's the Upper Eastside, and Hadley Park, Little Haiti area, there's virtually no overtime, and my point is the point that I made this morning, and what is happening is, these are also special event kind of things that go on, and these lieutenants are -- I guess commanders now, have great discretion, and that's good, but they need to use that discretion equally throughout the City and not to the exclusion of one particular area, and it's very graphic. I mean, it's not a big number, but you said before July, there was not record, so this post -July. Deputy Chief Frank Fernandez (Police): Yes, sir -- Chairman Winton: The break-outs. Deputy Chief Fernandez: -- Deputy Chief, Miami Police. Vice Chairman Teele: The break-out. Chairman Winton: The break-outs are post -July. Vice Chairman Teele: But the 2 -- the 325 is year from October 1 to July -- to June 30. 145 September 11, 2003 Chairman Winton: Right, that isn't broken out by -- Vice Chairman Teele: That's not broken out -- Chairman Winton: -- NET area, right. Vice Chairman Teele: -- and I'm telling you, if this trend line is true, it goes back to the point that I'm making, and that is that for certain little events in certain little neighborhoods, the commanders are working with the community, which is a great thing, but the commanders in the north operation need to do the same thing, and work in Upper Eastside, Little Haiti, and Hadley Park and work with these communities, and you all need to give them the flexibility. I mean, they have something called a Cultural Friday, for example. They hold it once very -- in Little Haiti -- once a month. They follow this from Commissioner Sanchez' Little Havana Cultural Friday. They had to stop having it because the police overtime killed it, but you know, the Police overtime was only $1,200, $1,800, but you don't have that kind of money. Those are the kind of things that are positive in a community; that the taxpayers should benefit from that, and they're obviously benefiting from in other communities, and I would just like the same consideration. Deputy Chief Fernandez: Commissioner, if I may respond. Again, Frank Fernandez, deputy chief, Miami Police. Chairman Winton: Excuse me. Deputy Chief Fernandez: Yes, sir. Chairman Winton: Before you respond, I would like you to really think about what Commissioner Teele is asking, and then go away and think about it and come back and respond, please -- Deputy Chief Fernandez: Yes, sir. Chairman Winton: -- and go meet with him. Deputy Chief Fernandez: Yes, sir. Chairman Winton: Thank you. Deputy Chief Fernandez: Point well taken. Thank you. Chairman Winton: Anything else? You have a -- we have a motion and a second. Do we have any further discussion on this item? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. 146 September 11, 2003 The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-989 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS IN THE AMOUNT NOT TO EXCEED $70,000, FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NOS. 690001, 690002 AND 690003, TO PROVIDE PAYMENT OF OVERTIME FOR EXTRAORDINARY, NON-RECURRING POLICE OPERATIONS, SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE DEPARTMENT OF THE JUSTICE AND TREASURY'S "GUIDE TO EQUITABLE SHARING," AND §932.7055, FLORIDA STATUTES (2003), AS AMENDED Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Chairman Winton: Thank you. 47. GRANT EXTENSION TO PALMETTO HOMES OF MIAMI, INC., FROM DECEMBER 28, 2002 TO JANUARY 9, 2003, TO COMPLETE CONSTRUCTION OF THREE SINGLE FAMILY HOMES AFFORDABLE TO FAMILIES AND INDIVIDUALS OF VERY LOW, LOW AND MODERATE INCOME ON FORMERLY CITY -OWNED PARCELS IN MODEL CITY NEIGHBORHOOD; AMEND RESOLUTION NO. 00-579 AMENDED BY RESOLUTION NO. 00-1254 TO REFLECT SAID EXTENSION. Chairman Winton: OK. I guess we're going to go back to Item 9, which is the 3 p.m. time certain. Barbara Gomez -Rodriguez: Barbara Rodriguez, Department of Community Development. The first item is a housekeeping item. This was three houses that we have the partials to Palmetto Home, and they were supposed to be built by December 28, 2002; they are built, but they built them as of January 9, 2003, so it's basically changing the dates. 147 September 11, 2003 Vice Chairman Teele: So move. Chairman Winton: Need a -- Commissioner Gonzalez: Second. Chairman Winton: Got a motion and a second. Vice Chairman Teele: That's 14 days. Ms. Gomez -Rodriguez: Right. Chairman Winton: Excuse me. A motion -- Ms. Gomez -Rodriguez: Twelve, 12. Chairman Winton: -- and a second. Any further discussion? Being none -- oh, is this a public hearing on this item? Vice Chairman Teele: Yes. Ms. Gomez -Rodriguez: Yes. Vice Chairman Teele: Yes. Chairman Winton: Yes. Ms. Gomez -Rodriguez: Yes. Chairman Winton: This is a public hearing. Anyone from the public like to speak on Item Number 9? Anyone from the public would like to speak on 9? Apparently, there is no one from the public. We'll close the public hearing. We have a motion and a second. No further discussion. All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. 148 September 11, 2003 The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-990 A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING AN EXTENSION OT PALMETTO HOMES OF MIAMI, INC., FROM DECEMBER 28, 2002 TO JANUARY 9, 2003, TO COMPLETE THE CONSTRUCTION OF THREE (3) SINGLE FAMILY HOMES AFFORDABLE TO FAMILIES AND INDIVIDUALS OF VERY LOW, LOW AND MODERATE INCOME ON FORMERLY CITY -OWNED PARCELS IN THE MODEL CITY NEIGHBORHOOD; STATING THE INTENTION OF THE CITY COMMISSION RELATED TO THE DATE OF CONVEYANCE OF TITLE TO SAID PARCELS; AND AMENDING RESOLUTION NO. 00-579 AMENDED BY RESOLUTION NO. 00-1254 TO REFLECT SAID EXTENSION; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 149 September 11, 2003 48. AUTHORIZE DEOBLIGATION OF 28TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, $31,000, FROM SAINT JOHN BOSCO CHURCH IN DISTRICT 3 AND REALLOCATION OF SAID FUNDS TO CITY'S DEPARTMENT OF CAPITAL IMPROVEMENTS TO UPGRADE ENERGY EFFICIENCY OF AIR CONDITIONING AT MANUEL ARTIME BUILDING, BY SEPTEMBER 30, 2004. Chairman Winton: Item 10. Barbara Gomez -Rodriguez (Director, Community Development): Item 10 is deobligating $31,000 from Saint John Bosco Church, and reallocating it to the City of Miami Department of Capital Improvement Project for the Manuel Artime building, and this was from District 3. Commissioner Sanchez: So move. Chairman Winton: Motion -- Commissioner Regalado: Second. Commissioner Gonzalez: Second. Chairman Winton: -- second. I'm assuming this is a public hearing also, so this is a public hearing. Anyone from the public like to speak on item number 10? Apparently, there is no one. We'll close the public hearing. Any further discussion on Item 10? 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 Sanchez, who moved for its adoption: RESOLUTION NO. 03-991 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DEOBLIGATION OF 28TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $31,000, FROM SAINT JOHN BOSCO CHURCH IN DISTRICT 3 AND THE REALLOCATION OF SAID FUNDS TO THE CITY OF MIAMI'S DEPARTMENT OF CAPITAL IMPROVEMENTS TO UPGRADE THE ENERGY EFFICIENCY OF THE AIR CONDITIONING AT THE MANUEL ARTIME BUILDING, BY SEPTEMBER 30, 2004. 150 September 11, 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. 49. AUTHORIZE TRANSFER OF 28TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FUNDS $9,138.81 IN PUBLIC SERVICES CATEGORY IN DISTRICT 5, FROM JAMES E. SCOTT COMMUNITY ASSOCIATION, INC. / COMMUNITY AWARENESS PROGRAM TO WORD OF LIFE COMMUNITY DEVELOPMENT CORPORATION FOR PUBLIC SERVICES ACTIVITIES IN DISTRICT 5; AUTHORIZE MANAGER TO EXECUTE AMENDMENT TO MEMORANDUM OF AGREEMENT, BETWEEN CITY AND WORD OF LIFE COMMUNITY DEVELOPMENT CORPORATION. Chairman Winton: Item 11. Barbara Gomez -Rodriguez (Director, Department of Community Development): Item 11 is deobligating $9,138.81 from James E. Scott Community Awareness Program and reallocating it to Word of Life Community Development Program under public service. Chairman Winton: Need a motion. Vice Chairman Teele: So move. Commissioner Sanchez: Second. Chairman Winton: Got a motion and a second. This is a public hearing. Anyone from the public would like to speak on Item 11? There's no one from the public. We'll close the public hearing. Further discussion on Item 11? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. 151 September 11, 2003 The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-992 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF 28TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG') PROGRAM FUNDS, IN THE AMOUNT OF $9,138.81 IN THE PUBLIC SERVICES CATEGORY IN DISTRICT 5, FROM JAMES E. SCOTT COMMUNITY ASSOCIATION, INC. / COMMUNITY AWARENESS PROGRAM TO WORD OF LIFE COMMUNITY DEVELOPMENT CORPORATION FOR PUBLIC SERVICES ACTIVITIES IN DISTRICT 5; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT TO MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND WORD OF LIFE COMMUNITY DEVELOPMENT CORPORATION, AND ANY OTHER DOCUMENTS DEEMED APPROPRIATE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, 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 Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 152 September 11, 2003 50. AUTHORIZE CHANGE IN COMPOSITION OF ELEVEN MEMBER HOUSING AND COMMERCIAL LOAN COMMITTEE (LOAN COMMITTEE); AUTHORIZE EXTENSION OF LOAN COMMITTEE'S FUNCTION TO INCLUDE APPROVAL / DISAPPROVAL OF AFFORDABLE HOUSING CONSTRUCTION GRANTS AND LOANS TO BE PROVIDED BY CITY THROUGH HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM; RELEASE MANAGER FROM OBLIGATION TO PRESENT EACH LOAN APPROVED BY LOAN COMMITTEE FOR REVIEW AND FINAL APPROVAL TO STATE OF FLORIDA FINANCIAL EMERGENCY OVERSIGHT BOARD. Chairman Winton: 12. Barbara Gomez -Rodriguez (Director, Community Development): Item 12, we're requesting approval to change the composition of our Housing and Commercial Loan Committee. It's still going to be 11 members, but we would like to change and we request, one, having an addition of a private real estate lending, a commercial lending appointment, and decreasing the City representatives from three to one. Chairman Winton: Need a motion. Sounds good to me. Commissioner Gonzalez: Discussion. Chairman Winton: You want to second for discussion -- Commissioner Gonzalez: Second -- Chairman Winton: -- Angel? Commissioner Gonzalez: -- for discussion. Chairman Winton: OK. Yes, sir, Mr. Gonzal -- Commissioner Gonzalez. Commissioner Gonzalez: OK. In this committee -- you're reducing the committee, right? Ms. Gomez -Rodriguez: No. It's going to stay the same. The only thing is that we used to have three City representatives; we're going to have one, and we're going to bring two additional people from the outside; one with private real estate lending experience and one with commercial lending experience. Commissioner Gonzalez: How many people in the business of affordable -- construction affordable housing are in this -- Ms. Gomez -Rodriguez: Three. Commissioner Gonzalez: -- or with the experience of affordable housing -- Ms. Gomez -Rodriguez: We're going to -- 153 September 11, 2003 Commissioner Gonzalez: -- are in this committee? Ms. Gomez -Rodriguez: --have three. Commissioner Gonzalez: All right. Chairman Winton: Is that it? Commissioner Gonzalez: Yeah. You know, I have my concerns on the sensitivity of this board to our disadvantaged people of our community, and the need of affordable housing in our community. I'm really concerned with that, but you know -- Chairman Winton: Well, let's make sure we're -- Commissioner Gonzalez: -- I mean, I don't care. Chairman Winton: -- going to pay attention to how it's going, and if we need to modify it again, we'll modify it. Ms. Gomez -Rodriguez: Right. Chairman Winton: How's that sound? Commissioner Gonzalez: Fine. Chairman Winton: OK. Any other discussion on this item? We have a motion and a second. No further discussion. All in favor -- did I do this -- did I do a public hearing on this one? I did? I don't think so. I think -- this is a public hearing on Item 12. Anyone from the public like to speak on Item Number 12? If not, we'll close the public hearing. We have 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. 154 September 11, 2003 The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-992 A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 00-867, AS AMENDED BY RESOLUTION NO. 02-14, BY CHANGING THE COMPOSITION OF THE ELEVEN (11) MEMBER HOUSING AND COMMERCIAL LOAN COMMITTEE ("LOAN COMMITTEE") TO THE FOLLOWING: A CHAIRPERSON APPOINTED BY THE MAYOR, THREE (3) MEMBERS WITH BACKGROUNDS RELATED TO AFFORDABLE HOUSING DEVELOPMENT OR LENDING, TWO (2) MEMBERS WITH PRIVATE REAL ESTATE EXPERIENCE, ONE (1) MEMBER WITH PRIVATE REAL ESTATE LENDING EXPERIENCE, TWO (2) MEMBERS WITH PRIVATE COMMERCIAL BUSINESS EXPERIENCE, ONE (1) MEMBER WITH PRIVATE COMMERCIAL LENDING EXPERIENCE, AND ONE (1) MEMBER FROM THE CITY ADMINISTRATION APPOINTED BY THE CITY MANAGER; AUTHORIZING THE EXPANSION OF THE LOAN COMMITTEE'S FUNCTIONS TO INCLUDE CONSTRUCTION GRANTS AND/OR LOANS TO BE PROVIDED BY THE CITY THROUGH THE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA") 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 Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 155 September 11, 2003 51. AUTHORIZE CHANGE IN PROPERTIES TO BE PURCHASED BY MOVERS, INC. WITH HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM FUNDS FROM PROPERTIES ADJACENT TO SUGAR HILL FACILITY TO PROPERTIES IN AREA AROUND SUGAR HILL FACILITY; AUTHORIZE EXPANSION OF PROJECT TO BE DEVELOPED ON PROPERTIES FROM SEVENTEEN HOUSING UNITS TO NO MORE THAN FIFTY-TWO LONG TERM HOUSING UNITS PLUS NO MORE THAN TEN UNITS OF EMERGENCY TRANSITIONAL HOUSING. Chairman Winton: Number 13. Barbara Gomez -Rodriguez (Director, Community Development): Number 13 is also a housekeeping item. This was approved on May 8, 2003. However, when we made the resolution, we used the word "adjacent," and really, what it was going to happen is that they're going to buy properties around the area, so it's just basically changing to give the flexibility to MOVERS (Minorities Overcoming the Virus through Education, Responsibility, and Spirituality) to buy properties around the area of the Sugar Hill project. Vice Chairman Teele: So move. Chairman Winton: I got a motion and a second. Commissioner Gonzalez: Yes. Chairman Winton: Discussion. Is this a public hearing? Ms. Gomez -Rodriguez: Yes. Chairman Winton: OK. This is also a public hearing. Anyone from the public would like to speak on Item 13? Anyone from the public on Item 13? If not, we'll close the public hearing. Vice Chairman Teele: Anything she does is a public hearing. Chairman Winton: Oh, OK. We have a motion and a second. Any other discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. 156 September 11, 2003 The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-994 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING A CHANGE IN THE PROPERTIES TO BE PURCHASED BY MOVERS, INC. WITH HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM FUNDS FROM PROPERTIES ADJACENT TO THE SUGAR HILL FACILITY TO PROPERTIES IN THE AREA AROUND THE SUGAR HILL FACILITY; AUTHORIZING THE EXPANSION OF THE PROJECT TO BE DEVELOPED ON THE PROPERTIES FROM SEVENTEEN HOUSING UNITS TO NO MORE THAN FIFTY-TWO LONG TERM HOUSING UNITS PLUS NO MORE THAN TEN (10) UNITS OF EMERGENCY TRANSITIONAL HOUSING; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 52. AUTHORIZE DEOBLIGATION OF 28TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, $484,580.43, FROM SECTION 108 LOAN GUARANTEE PROGRAM, AND REALLOCATION OF SAID FUNDS TO HOUSING LOAN RECOVERY FUND TO PROTECT CITY'S HOUSING LOAN PORTFOLIO. Chairman Winton: Item 14. Barbara Gomez -Rodriguez (Director, Community Development): Item 14, we're requesting -- we presently have $484,580.43 as part of our Section 108 that is going to be left over as of September 30. We are requesting to be permitted to allocate it to a housing loan recovery fund, and this will enable us to protect the City's housing loan portfolio. The last time that we replenished this account was in 1998 and that money is gone. Currently, we have approximately $12 million that are 120 days past due, and we're pursuing legal action against them. Vice Chairman Teele: Who administers that program? 157 September 11, 2003 Ms. Gomez -Rodriguez: Huh? Vice Chairman Teele: Who administers the program? Ms. Gomez -Rodriguez: No. It's an account that we have that helps us buy first mortgages when we're foreclosing on the multifamily and Miami Capital loans. Vice Chairman Teele: But aren't we about caught up on that now? Ms. Gomez -Rodriguez: I can't hear you. Chairman Winton: Are you about caught up on it? Vice Chairman Teele: Aren't we about caught up on that now? Ms. Gomez -Rodriguez: No. Right now we have been able to collect in the OIG (Office of Inspector General) loans $6 million, which were the original $500,000 that we used to deal with that. Right now we have 11,000 -- Vice Chairman Teele: Eleven -- Ms. Gomez -Rodriguez: -- $11,000,802, which are past due 120 days; that we're in the process of working with the Legal Department to foreclose on some of those issues. Our loan portfolio is 33,698,000. Chairman Winton: We have a motion. We don't have a second. Vice Chairman Teele: Second. Chairman Winton: OK. We have a motion and a second. Any other questions, Commissioner Teele? Any other discussion? This is a public hearing. Anyone from the public like to speak on Item 14? Anyone from the public on 14? Being none, there -- we will close the public hearing. We have a motion and a second. All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. 158 September 11, 2003 The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-995 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DEOBLIGATION OF 28TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $484,580.43, FROM THE SECTION 108 LOAN GUARANTEE PROGRAM, AND THE REALLOCATION OF SAID FUNDS TO THE HOUSING LOAN RECOVERY FUND TO PROTECT THE CITY'S HOUSING LOAN PORTFOLIO. Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado NAYS: None. ABSENT: Commissioner Joe Sanchez 53. AUTHORIZE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FROM PREVIOUSLY APPROVED DISTRICT 5 LITTLE HAITI JOB CREATION PILOT PROJECT SET-ASIDE, TO NEPTUNE AND SON RESTAURANT AND BEAUTY SHOP, CORP., $90,000, FOR RESTAURANT AND $60,000 TO NEPTUNE AND SON RESTAURANT AND BEAUTY SHOP, CORP. FOR BEAUTY PARLOR. Chairman Winton: Fif -- item -- Barbara Gomez -Rodriguez (Director, Community Development): Number 15, we're requesting approval to fund Neptune and Son Restaurant and Beauty Shop for $90,000 and fund Neptune and Son Restaurant and Body -- Beauty Shop -- the beauty parlor for $60,000. This money is coming out of your Little Haiti Job Creation program, which still leaves a balance of 550,000 for future application. For every $15,000 they would have to create one job and maintain it for five years. Chairman Winton: Got a motion? Vice Chairman Teele: So move. Chairman Winton: Need a second. 159 September 11, 2003 Commissioner Regalado: Second. Chairman Winton: Got a motion and a second. Vice Chairman Teele: May I inquire, Barbara? Ms. Gomez -Rodriguez: Yes. Vice Chairman Teele: Excuse me. The public comes first. Teacher Carline. Carline Paul: Yes. My name is Carline Paul. I'm talking on behalf of Neptune, address located at 5932 Northeast 2nd Avenue. I just come here as a community activist to commend the City of Miami for allocating community block grant money to create jobs in the community. As you know, Little Haiti is a deprived area; there's not a lot of funding. Federal funding has not gone through that community, and I also commend the restaurant owner that is coming into the community to build new business and to allow the community to get jobs. That's my comment. Chairman Winton: Anyone else from the public like to speak on Item 15? Anyone from -- anyone else -- OK, we'll close the public hearing. We have a motion and a second. Do we have further discussion on this item? If not, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. 160 September 11, 2003 The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-996 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG') FUNDS FROM THE PREVIOUSLY APPROVED DISTRICT 5 LITTLE HAITI JOB CREATION PILOT PROJECT SET-ASIDE, TO NEPTUNE AND SON RESTAURANT AND BEAUTY SHOP, CORP., IN THE AMOUNT OF $90,000, FOR THE RESTAURANT AND THE AMOUNT OF $60,000 TO NEPTUNE AND SON RESTAURANT AND BEAUTY SHOP, CORP. FOR THE BEAUTY PARLOR, IN THE FORM OF FIVE YEAR DEFERRED, FORGIVABLE LOANS WITH THE PROVISION THAT THE FUNDS BE USED TO CREATE AND MAINTAIN NEW EMPLOYMENT OPPORTUNITIES FOR RESIDENTS OF THE LITTLE HAITI NEIGHBORHOOD FOR A FIVE-YEAR PERIOD, SUBJECT TO SUBMISSION OF EVIDENCE OF AVAILABLE FINANCING TO COMPLETE EACH PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH EACH AGENCY, FOR SAID PURPOSES. 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. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: I would like to state, for the record, that the owner of this business is not an employee of the City. However -- Chairman Winton: Is what? 161 September 11, 2003 Vice Chairman Teele: -- under our -- is not; never has been. However, under our ordinance, this loan could not have gone forward because his son worked for 90 days as an intern in the City in prepared -- in preparation to go to law school, and I really want to thank the Manager. Because this was an unintended consequence, the application was made long before -- two years ago -- Ms. Gomez -Rodriguez: That's true. Vice Chairman Teele: -- and obviously, it would have created a tremendous hardship on a family that was just trying to do the right thing. I would also just state for the record that this business is in the area of the Little Haiti Park, and the Manager and his staff have indicated that one of the things we want to do is prioritize those businesses that are owned in the community, that serve the community for further upgrades because the whole purpose of the Little Haiti Park was not to displace businesses and jobs, but to create a relationship where these businesses and jobs could flourish. This business is actually --currently is actually in the area designated for the Little Haiti Park. We have no intentions of moving it or ever moving it, but should they ever move for some other reason, obviously, that designation becomes important because we have the right, then, to continue to expand the park boundaries to ensure that the use there is consistent with what it is we want, so I wanted to thank the Manager and the Commission and also make it very clear that the gentleman involved doesn't even have an equity interest in this, even though he would have been covered fully under our ordinance. Thank you. Chairman Winton: Great. Thank you. We had a 4 p.m. -- anybody see Luis Pinelas? Vice Chairman Teele: That item should be deferred. I think, Mr. Pinelas asked -- did he ask it be deferred to the next meeting or -- ? Chairman Winton: Oh, he did. OK. Vice Chairman Teele: All right. Let's defer that item. Priscilla A. Thompson (City Clerk): Item 4 Chairman Winton: Item 4, it was a personal appearance. Item 4 was a personal appearance and it was scheduled -- it was a 4 p.m. time certain. I think we're finished and time for -- what time is the budget workshop? Vice Chairman Teele: We have -- Commissioner Gonzalez: Can we do blue pages? Chairman Winton: Yeah, we could do -- Commissioner Sanchez: Yeah. Chairman Winton: -- blue pages. 162 September 11, 2003 Vice Chairman Teele: -- a Little Haiti Park. Is that item -- Chairman Winton: No. That's -- huh? Alejandro Vilarello (City Attorney): You announced -- it was set for 9:30 this morning, and you announced to the public that we would hear it at 4:30. Chairman Winton: Hear which one at 4:30? Mr. Vilarello: The acquisition of the property of -- Chairman Winton: At Keystone Park? Mr. Vilarello: -- Little Haiti Park. Chairman Winton: Is it 4:30? Mr. Vilarello: No. Chairman Winton: No, so let's -- Commissioner Sanchez: Mr. Chairman. Chairman Winton: -- do blue pages. 54. DIRECT MANAGER AND CITY ATTORNEY TO REVIEW EXISTING SETTLEMENT AGREEMENT RELATED TO RESIDENTS OF VIZCAYA ROAD HOMEOWNERS ASSOCIATION WHICH PROVIDED FOR REOPENING OF S.W. 22 TERRACE, AND COME BACK WITH RECOMMENDATION FOR COMMISSION CONSIDERATION. Commissioner Sanchez: Mr. Chairman, if we could go to -- if we do go to the blue pages -- Vice Chairman Teele: Blue pages. Commissioner Sanchez: -- there's one items that I have. Personal appearance have been here since this morning. We could get him out of here. It's going to be very quick. If we could have representatives from the Vizcaya Homeowners Association, Mr. Mendoza and Mr. Herrera come up, and it basically -- I believe these folks had said -- settled a court settlement years ago on the VizcaTran, and it pertain pertained to reopening of a street that affects -- that's in the street of the residents. Chairman Winton: Which one are you on, Joe? Commissioner Sanchez: The first one, A, personal appearance -- Chairman Winton: Oh, OK. 163 September 11, 2003 Commissioner Sanchez: -- by members of Vizcaya Road Homeowners Association to address the Commission concerning the reopening of Southwest 22nd Terrace, and basically, if we could afford them just five minutes to express what their concerns are, and then I just have a motion directing the City Manager and the City Attorney to look at the contract or come back with a recommendation. Chairman Winton: Yes, sir. Name and address for the record, please. Luis Herrera: My name is Luis Herrera. I live in 1181 Southwest 22nd Terrace. I represent the Vizcaya Homeowners Association. The reason I came on down here today, see if you open the swale again. About nine years ago, they supposed to be opening, and -- Chairman Winton: Is this street closed now? Commissioner Sanchez: Yes. Chairman Winton: This street is closed. OK. Mr. Herrera: It's closed, yeah. It's closed in 22nd Terrace and 32nd Road, close to the Vizcaya station, and we have a lot of problems over there. The trash trucks turn around on the corners, hitting the cars, bending the -- breaking down the fences. The City ambulance -- the rescue, they don't have no way to turn around -- Chairman Winton: Is that right there by the -- ? Mr. Herrera: -- and that's a real problems over there. Commissioner Sanchez: Mr. Herrera. Chairman Winton: Is that by the Metrorail station? Commissioner Sanchez: Yes. Let me -- Chairman Winton: I know that perfectly. Commissioner Sanchez: -- just simplify it. I'm losing my voice. I'm coming down with a cold. This was a court settlement. Under Vizcaya Homeowners Association referenced that the project that was going to be built at the VizcaTran, and in that settlement, the homeowners are expressing to me that there was an agreement. In that settlement or that -- one of the previous Commission stated that that street would have been opened. Well, nine years later, that street is not open. Mr. Herrera: Not opened. Commissioner Sanchez: It is closed -- 164 September 11, 2003 Mr. Herrera: It's closed. Commissioner Sanchez: -- so all that I'm asking here is just to simplify this, is to have the City Attorney do the appropriate necessary research to come back with a recommendation whether these people were lied to or not. Chairman Winton: So move -- Commissioner Sanchez: Very simple -- Chairman Winton: Yeah. Commissioner Sanchez: -- and that would be my motion, to direct the City Manager -- Vice Chairman Teele: Second. Commissioner Sanchez: -- and the City Attorney -- Commissioner Regalado: Second. Commissioner Sanchez: -- to review that settlement or that agreement and to do diligent research on this matter pertaining here at this Commission; what statements were made by Commissioners promising to these residents that that street was going to be opened. Whatever the outcome of that may be, I'm sure I'll be satisfied, as well as the homeowners, but they're clearly stated there was some agreement that that street would have been opened, and as of nine years later, that street has not been opened, so -- Chairman Winton: We have a motion -- Commissioner Sanchez: -- that's my motion. Chairman Winton: -- and a second. Any further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. 165 September 11, 2003 The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 03-997 A MOTION DIRECTING THE CITY MANAGER AND THE CITY ATTORNEY TO REVIEW EXISTING SETTLEMENT AGREEMENT RELATED TO RESIDENTS OF THE VIZCAYA ROAD HOMEOWNERS ASSOCIATION WHICH PROVIDED FOR THE REOPENING OF S.W. 22 TERRACE, AND TO COME BACK WITH A RECOMMENDATION FOR COMMISSION CONSIDERATION. Upon being seconded by Vice Chairman Teele, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Unidentified Speaker: Thank you. Commissioner Sanchez: And they'll get with you, Mr. Herrera. Mr. Herrera: OK. Thank you. 55. REFER TO MIAMI STREET CODESIGNATION REVIEW COMMITTEE PROPOSAL TO CODESIGNATE SOUTHWEST 15 ROAD TO ITS ORIGINAL NAME OF "BROADWAY". Commissioner Sanchez: And while we're at it, we have one more that's just very quickly it's -- we have -- I truly apologize. I'm losing my voice. Chairman Winton: Do that (UNINTELLIGIBLE). Commissioner Sanchez: Personal appearance by members of the South Miami Avenue Homeowners Association to address the Commission concerning renaming 15th Road to its original name called Broadway, and we have with us great historian Arva Parks that's here. Can't talk. Chairman Winton: Hey, Joe, eat that -- do that lozenge. 166 September 11, 2003 Arva Parks: Can't stop talking. Chairman Winton: Arva. Ms. Parks: Good afternoon. Commissioner Sanchez: Well, listen, when you have babies in the house, you know, the little one gets it, and they just got back from school -- I mean, they're -- then everybody gets it. Chairman Winton: I know. That's the cold I -- thing. Yes, sir. Commissioner Sanchez: I apologize. Ms. Parks: Good afternoon. I'm Arva Parks. I live at 1601 South Miami Avenue, and as you know, the South Miami Homeowners Association have been working very hard to beautify the street and the whole area, and we're well aware that 15th Road, which incidentally, was the original city limits of the City of Miami when it was founded in 1896, it was named Broadway by the Brickell family, and since this is such a beautiful road, divided road, we think that it would be very appropriate to put the historic name back because Broadway evokes big broad boulevards that it is. As you know, it is a very beautiful divided road, and I know the new condo that's going in on the corner, they're very pleased about the idea, and they're encouraging us along this, too, so we'd just like to ask -- request, please, that that be considered to -- Chairman Winton: What's the process? Commissioner Sanchez: The motion is simple. It's to direct this name to go in front of the street designating board for its approval, and then -- Chairman Winton: OK, great. Commissioner Sanchez: -- you know, we'll take it from there, so that's the motion. Chairman Winton: But not a codesignation. This will be an actual street change. Ms. Parks: No. This should be the real name. Commissioner Sanchez: Street -- yes, street naming -- Chairman Winton: Change, OK. We have a motion -- Commissioner Sanchez: -- designation board that they -- Commissioner Gonzalez: Second. Chairman Winton: -- and a second. Discussion? Being none, all in favor, "aye." 167 September 11, 2003 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. 03-998 A MOTION TO REFER TO THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE PROPOSAL TO CODESIGNATE SOUTHWEST 15 ROAD TO ITS ORIGINAL NAME OF `BROADWAY". Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Chairman Winton: Arva, I'd like to -- Ms. Parks: Uh-huh. Commissioner Regalado: Mr. Chairman. Chairman Winton: -- ask you a question. Commissioner Regalado: Oh, no, go ahead. It's separate item. Chairman Winton: Y'all put the new -- on South Miami Avenue, the coral rock entryway thing there -- Ms. Parks: Right. Chairman Winton: -- and that thing is too big. Someone's going to get killed at that intersection. It is terribly dangerous. I drive a big SUV (Sports Utility Vehicle), the kind that people -- Ms. Parks: Um -hum. Chairman Winton: -- that don't like SUVs, really hate, and so it sits high. I cannot -- 168 September 11, 2003 Commissioner Regalado: Watch it. Chairman Winton: --see cars. Commissioner Regalado: You better watch it. Chairman Winton: I'm -- Commissioner Regalado: The Earth Liberation Army is -- Chairman Winton: Right. Commissioner Regalado: -- burning SUVs, the big ones. Chairman Winton: I've read about it. I hope I'm in my car when they try to get mine, but I drive an SUV and I can see higher than anybody else can see, and I can't see cars at the right angle coming southbound on South Miami Avenue. It is very, very, very dangerous and someone will get killed there. A smaller car and a smaller car, they're not going to see each other at all, and it's going to be a bad, bad accident, so somebody needs to look into this. Ms. Parks: Look into that. Chairman Winton: I've asked the Manager, also to look into it, but y'all need to -- your homeowners association really needs to know this. It is very, very, very dangerous. Ms. Parks: We'll have someone look into that. Chairman Winton: Thank you. Ms. Parks: Thank you. 56. APPROVE ALLOCATION OF $2,000 TO SUPPORT CARNAVAL INDEPENDENCIA DE CENTROAMERICA Y MEXICO; AND ALLOCATE FUNDS FROM OFFICE BUDGET OF COMMISSION DISTRICT 4. Chairman Winton: OK. Joe, you're on. You want to do Item B? Commissioner Regalado: Mr. Chairman. Chairman Winton: Yes, sir. Oh, I'm sorry. Commissioner Regalado: No, I'm just -- I wasn't here when Commissioner Sanchez did one of his items regarding allocation of funds, and my intention was to try to amend his motion to add to Carnaval Centroamericano Independencia, Central America and Mexico $2,000 from my office budget to the $5,000 -- 169 September 11, 2003 Vice Chairman Teele: We done that already? Chairman Winton: Yeah. Commissioner Regalado: -- that Commissioner Sanchez -- Chairman Winton: So -- Vice Chairman Teele: Second the motion. Chairman Winton: Make a -- we 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. 03-999 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $2,000, FROM THE COMMISSION DISTRICT 4 OFFICE BUDGET TO SUPPORT THE CARNAVAL INDEPENDENCIA DE CENTROAMERICA Y MEXICO. Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 170 September 11, 2003 57. DISCUSSION CONCERNING DIRECTION TO CHIEF ADMINISTRATOR TO EXPLORE SYSTEM OF RELAXED PERMIT FEES FOR SIDEWALK CAFES ON CALLE OCHO, CORAL WAY, FLAGLER STREET AND OTHER MAJOR COMMERCIAL CORRIDORS IN DISTRICT 3. Chairman Winton: OK. Well, Joe, you're on a roll; might as well go to "B" or -- Commissioner Sanchez: I'm going to go ahead and defer the three to the next Commission meeting. Basically, I want to afford Public Works an opportunity to sit down with them. I don't want to get anybody off guard on this issue, and I'll go ahead and make a motion to defer it to the next Commission meeting. Chairman Winton: You don't need a motion to defer "B"; just bring it back. Commissioner Regalado: Joe. Chairman Winton: I mean, that -- Commissioner Regalado: Joe, you have -- are you deferring "137 Commissioner Sanchez: Yes, sir. Chairman Winton: Yes. Commissioner Regalado: Just a comment. If we can sort of have some kind of moratorium on this situation that we have, at least, I know in Coral Way. The thing is that because of the nonsmoking statute, some small cafeterias have placed one little table outside so people can go out and smoke, not eat, but the code enforcement people are citing these people, so we need to -- Chairman Winton: Look into it. Commissioner Regalado: -- resolve this situation, because they can't smoke inside, they can't smoke outside. Commissioner Sanchez: And that -- this basically addresses that issue, but we have to take into consideration the safety and the liability. Commissioner Regalado: I understand that, but what I'm saying is, you know, if -- while you work on this, you know -- maybe hold on -- I don't know. Commissioner Sanchez: Well, the reason -- Mr. Chairman, if I could be recognized? The reason why I want to sit down and talk to Public Works is because there are several factors that we need to take into consideration. One is that some of our sidewalks really -- if you put a table out there, basically, people are going to have to walk on to the streets because there's -- you know, they're not ADA (Americans with Disabilities Act) compliant, but I want to sit down with Public Works and see what is it that the City's doing for the future to try to improve our sidewalks and make 171 September 11, 2003 them ADA compliance, and I know we're heading in that direction with the focus of resources that we have now that we didn't have before, but also we're going to be addressing a lot of those issues. There is one already that we passed on 8th Street alone, and that's why I want to extend it to Flagler because you know, we have been blessed to have new business that are coming abroad now on Coral Way and some that are coming into Flagler, so at the next Commission meeting we should have this fully taxed and everybody will be on board and everyone -- you know, we'll -- the questions will be limited, and that way we could just get it passed quickly. 58. REFER TO MIAMI STREET CODESIGNATION REVIEW COMMITTEE PROPOSAL TO CODESIGNATE N.W. 17 AVENUE BETWEEN N.W. 14 AND 19 STREETS AS "DON JOSE GONZALEZ CURBELO WAY." Chairman Winton: OK, great. Let's go to District 1 blue sheet. Commissioner Gonzalez. Commissioner Gonzalez: Thank you, Mr. Chairman. I have just one item, and it's to send to the Codesignation Committee, Northwest 17th Avenue, between 14 and 19th Street, for -- codesignate that street as Don Jose Gonzalez Curbelo Way. That's my motion. Commissioner Regalado: Second. Chairman Winton: We have a motion and a second. Discussion. Being none, all in favor, LL " aye. The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following motion was introduced by Commissioner Gonzalez, who moved for its adoption: MOTION NO. 03-1000 A MOTION REFERRING TO THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE A PROPOSAL TO CODESIGNATE N.W. 17 AVENUE BETWEEN N.W. 14 AND 19 STREETS AS "DON JOSE GONZALEZ CURBELO WAY." 172 September 11, 2003 Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Commissioner Gonzalez: Thank you, Mr. Chairman. 59. FIRST READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND ENTITLED "BICENTENNIAL PARK/BISCAYNE BOULEVARD — DESIGN OF PEDESTRIAN FACILITIES AND AMENITIES," AND APPROPRIATE $1,728,863, CONSISTING OF GRANT RECEIVED FROM STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TO DESIGN PEDESTRIAN FACILITIES AND AMENITIES FOR BISCAYNE BOULEVARD, BICENTENNIAL PARK AND FLORIDA EAST COAST SLIP PLAZA. Chairman Winton: Commissioner Teele, you only have one blue sheet item, so I'll go to you next, and then Commissioner -- Vice Chairman Teele: Is Barbara Rodriguez here? Chairman Winton: Barbara Rodriguez, would you get her, please? Commissioner Teele, while we're waiting on her, why don't we do mine. Mine's accepting -- Vice Chairman Teele: All right. Chairman Winton: -- acceptance of a grant, and it's a time sensitive issue. Vice Chairman Teele: You want me to move it? Chairman Winton: Yes. Would you, please? Vice Chairman Teele: So move. Commissioner Regalado: Second. Chairman Winton: Got a motion and a second on first reading ordinance on District 2 here on receiving a grant. Would you read the ordinance, please? My blue sheet item. 173 September 11, 2003 Alejandro Vilarello (City Attorney): "AT' Chairman Winton: "A," the only one I've got. The ordinance was read by title into the public record by the City Attorney. Chairman Winton: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED "BICENTENNIAL PARK/BISCAYNE BOULEVARD — DESIGN OF PEDESTRIAN FACILITIES AND AMENITIES," AND APPROPRIATING FUNDS, IN THE AMOUNT OF $1,728,863, CONSISTING OF A GRANT RECEIVED FROM THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TO DESIGN PEDESTRIAN FACILITIES AND AMENITIES FOR BISCAYNE BOULEVARD, BICENTENNIAL PARK AND THE FLORIDA EAST COAST SLIP PLAZA; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Vice Chairman Teele, seconded by Commissioner Regalado, and was passed on first reading, by title only, by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Ms. Thompson: The ordinance is passed on first reading, 5/0. 174 September 11, 2003 60. DIRECT MANAGER TO REVIEW PROPOSAL TO REPLACE HOUSE FOR MR. AND MRS. JAMES AND ELLA THOMAS AT 5939 N.W. 5 COURT AND COME BACK WITH LEGISLATION, IF NECESSARY, TO DO THIS; DIRECT MANAGER TO COME BACK AT NEXT MEETING TO INSURE THAT PUBLIC SERVICE FUNDS ARE LOST IN DISTRICT 5 AND BRING RECOMMENDED ALLOCATIONS FOR ANY FUNDS THAT HAVE NOT BEEN EXPENDED. Chairman Winton: Commissioner Teele. Vice Chairman Teele: The Miami Herald is quoted as saying, "The beloved house of Henry and Ella Thomas, shared for 23 years, was demolished on Friday," and then it goes on to talk about how the couple sat there with a bond between them, and essentially, the house was destroyed because of code enforcement. I've had the opportunity to meet with the Community Development director. Obviously, this is a worse case scenario and it almost makes me want to support a lot of the things that Commissioner Regalado is always saying and doing, but we've really got to be careful about this. We put a couple out that -- it doesn't say how old they are, but they're senior in age, with no place to go, essentially. Now some group out of Palm Beach has volunteered to fix it up. I don't know if any of them are here, but I can tell you I don't -- Chairman Winton: How are they going to fix it up after it's demolished? Vice Chairman Teele: Well, they're going to build them a new house -- Chairman Winton: Oh, OK. Vice Chairman Teele: -- in effect. Barbara Gomez -Rodriguez (Director, Community Development): OK. Vice Chairman Teele: I'm not one who ever says "no, thank you," but you know, we have to be real careful about this. On the other hand, the federal government is all over us about our demolition program, and the one thing they're saying is that the kind of demolition that you should be doing are for people like this, so what I'd like to understand is can Community Development agree to review this matter with the Building and Zoning and the NET (Neighborhood Enhancement Team) and the home and this so-called -- and the gentleman -- the group that has volunteered to -- Ms. Gomez -Rodriguez: We will. Vice Chairman Teele: -- fix up the house, and can you come back with appropriate legislation, if necessary, to do this? Ms. Gomez -Rodriguez: Yes, we will. Vice Chairman Teele: Now, is there any need to -- ? What happened? Was this waivered [sic]? Was this -- ? 175 September 11, 2003 Ms. Gomez -Rodriguez: I can't tell you what happened; maybe Hector Lima that is here from demolition. What I can tell you is that you are correct. HUD (Department of Housing and Urban Development) has been after us about creating a program that deals with issues like that so we can do replacement home. We do have legislation in place for the replacement home. I'll be more than glad to meet with them and see what we can do on this instance. I can tell you that Hector Lima and myself have been working with HUD in reference to our program, and we are coming up with a program that they will be able to give these home owners a brochure so that we can help them be in rehab, be in -- put them in code, or just redoing their home. It will be on a first come, first served basis, but we are creating that program, and we should be doing it, you know pretty soon. Vice Chairman Teele: Would you just comment very briefly on the fact, does -- is HUD challenging any of our funding for demolition and lot clearing now? Ms. Gomez -Rodriguez: They have challenged NET lot clearing and demolition. We have -- we will not be able to pay for lot clearing for the City. We will not be able to pay for NET code enforcement. We have, however, gotten into an agreement with them with the type of demolition program that we're going to do, based on exactly what you're saying, provide a brochure to the home buyer that it's low-income and offer them something in exchange. Vice Chairman Teele: See, this is what's sort of nonsensical, from our point of view. I mean, from anybody's point of view. You can't take federal money and tear down some older, economically stressed couple or family and not fix it back up. You just can't use the money to tear it down, and what they're going to do as a result of some of the things -- and a lot of it really has to do with the way the various departments respond to their surveys and questionnaires, and I think you all have really good -- in the -- Hector and those people have done a good job, I understand, of explaining to the federal government and protecting the City, but when we're out here talking about we're going to cut grass because we want to keep the neighborhoods looking pretty, there's nothing in the federal guidelines that supports using federal money to keep a neighborhood pretty and all of that, so we really do need to -- Ms. Gomez -Rodriguez: Yes. Vice Chairman Teele: -- focus in and try to help the people and not just tear down, so Hector, did you have anything -- ? I mean, are you aware of this couple and -- ? Hector Lima: Hector Lima, with the Building Department. Yes. Unfortunately, the structure was very unsafe and that's why the City took action, but you're correct in the fact that we should have a program that, you know, eventually gives them a house. You're correct. Vice Chairman Teele: But, Hector, we took action to tear down the program. Now tell me what the City did for the couple? Did we rent them a Winnebago or a trailer or anything? I mean, I'm very serious. These are human beings. These are people. They're somebody's mother and father, and I mean, we just can't leave people like that. We cannot do that. That job is half finished if you all tore it down and didn't at least go in there and try to give them a temporary 176 September 11, 2003 trailer or something from -- a mobile home or something to put there for them to be in. I understand they're in like a cottage now, a bungalow that -- is that -- so we need to look at this a lot more comprehensively, so I do have your assurance, Ms. Rodriguez, that you're going to come back to us with -- after visiting them and see what we can do and a recommendation? Ms. Gomez -Rodriguez: Yes. Vice Chairman Teele: All right. Thank you. And Barbara, would you also please ensure by making a decision -- you and your department, with the Manager, making a decision immediately and coming back in the next agenda to ensure that none of the public service funds are lost in District 5 and a recommended allocation for any monies that have not been expended? Ms. Gomez -Rodriguez: You did give me a resolution two months ago, and we will be based on that resolution to make sure that your District 5 public hearing will be used to their fullest. Chairman Winton: (UNINTELLIGIBLE). Vice Chairman Teele: Thank you. 61. SECOND READING ORDINANCE: AMENDING CHAPTER 22/ARTICLES I AND III, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "GARBAGE AND OTHER SOLID WASTE/IN GENERAL/ENFORCEMENT AND ADMINISTRATION" TO UPDATE CERTAIN SECTIONS AND PROVIDE FOR MORE STRINGENT ENFORCEMENT OF LITTER VIOLATIONS; MORE PARTICULARLY BY AMENDING SECTIONS 22-2,22-14 AND 22-93 OF SAID CODE. Chairman Winton: Anything else, Commissioner Teele? Vice Chairman Teele: No. Mr. Manager, these people -- these wonderful citizens have been in my office all day. They're Solid Waste, and I haven't had a chance to talk to you privately, but I would like to try to figure out what we're going to do, if there is a pocket item on the cleaning up after the race, if we could figure out where we are going on that. Joe Arriola (City Manager): I was made aware of this today, for the first time, and obviously, I don't think it's fair that we let Police make a little money, Fire make a little bit of money, and somehow our Waste Department not allowed to make a little bit of money, and I will -- I promise I'll look into this thing, and I'm -- Vice Chairman Teele: You won't be recommending anything like that today? Mr. Arriola: I'm not going to do that, not today or tomorrow or the next day. I mean, if our guys can't do the job, I think that Raceworks' got a problem. Vice Chairman Teele: If there's a reason, I'm open. I mean -- but what I'm -- a reason is not, "Well, it's my buddy or my nephew," or something like that, and especially, the record is that 177 September 11, 2003 Raceworks last year said they had somebody. At the last minute, we had to go in and do the work. Mr. Arriola: Commissioner, the issue is simple. They could hire a private firm to do it for less money. My issue with that is that it's not fair that our Police Department gets to make -- Chairman Winton: Whatever they get. Mr. Arriola: -- a little extra money, and our Fire Department, and when it comes to our Waste Department, they're not allowed to make a couple extra bucks, so as far as I'm concerned, I am not going to be allowing or recommending that Raceworks doesn't use them, and I think that that's fair, even if it's more money. I mean, you cannot buy two-thirds of our company; either buy all our company or you don't get it. It's my recommendation. It's my very strong feeling on this issue. Vice Chairman Teele: OK. Well, apparently, somebody's going to say, well, they want a hauler, but Pritchet, the company they're recommending -- Mr. Arriola: I know that. Vice Chairman Teele: -- is not a hauler either -- Mr. Arriola: I understand. Vice Chairman Teele: -- and you would have the authority to enter into a contract with a hauler to haul it off, if that's the issue -- Mr. Arriola: Yes, sir. Vice Chairman Teele: -- so I would hope that that would -- you've heard the Manager. I believe the Manager, that this issue is not going to come up. I mean, you are welcomed to be here. We're going to discuss the budget. You ought to be here, but -- Mr. Arriola: I'm not going to bring it up. I mean, unless somebody's got it as a pocket item. Vice Chairman Teele: If it's a pocket item, it requires five votes and I'm going to vote against it if it comes up, so I guess -- Chairman Winton: I think it's five/zero. Commissioner Regalado: I -- you know -- Chairman Winton: Commissioner Regalado. 178 September 11, 2003 Commissioner Regalado: What I think is that we should build into the contract something that says you have to use City service, because next year they're going to think that they can use security guards instead of police officers, or maybe -- Vice Chairman Teele: It's really sort of a kick in the butt. I mean, here we are. We've loaned them money. We've given them grants. We're taking all of the grief from the public, the environmentalists about the trees and the -- Chairman Winton: And everything else. Vice Chairman Teele: -- grass and all of that, and then -- Chairman Winton: We're fighting with the Port of Miami to try to get the thing done right -- Mr. Arriola: Right. Chairman Winton: -- the way they want it. Mr. Arriola: I agree. Chairman Winton: Because the Port's being stubborn. You know, we go to bat for them every time. Mr. Arriola: I couldn't agree with you more. Chairman Winton: We fight with George Lopez. Vice Chairman Teele: There's not a department in the City that has a higher ratio of people that live in the City, that work in a department than Public Works -- I mean, than Solid Waste, so Tomas -- Chairman Winton: Enough said. I think we're done. Commissioner Regalado: Hey, I think -- you know what? Like you said, I believe the Manager. Manager has gone on the record, but I still think that we should pass your resolution -- Mr. Arriola: Yeah. Commissioner Regalado: -- calling on Raceworks to use City services for this and the coming years, and that's that, the end of the discussion. I mean -- Mr. Arriola: I'll get with them. I'll get with them. Chairman Winton: OK. 179 September 11, 2003 62. CODESIGNATE INTERSECTION AT SOUTHWEST 36TH AVENUE AND SOUTHWEST 8TH STREET, AS "AVENIDA EL CABALLERO DE PARIS". Chairman Winton: Commissioner Regalado, your blue pages. Commissioner Regalado: Thank you. Mr. Chairman, I would like to defer Item A for next meeting. Item B is a request from Commissioner Morales, County Commissioner Jimmy Morales office. It's codesignating the intersection of Southwest 36th Avenue and Southwest 8th Street as Avenida El Caballero de Paris; directing the City Manager to instruct the Department of Municipal Service to transmit a copy of this resolution to the designated office. Chairman Winton: Got a motion. Need a second. Commissioner Gonzalez: 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 for its adoption: RESOLUTION NO. 03-1001 A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING THE INTERSECTION AT SOUTHWEST 36TH AVENUE AND SOUTHWEST 8TH STREET, MIAMI, FLORIDA, AS "AVENIDA EL CABALLERO DE PARIS;" DIRECTING THE CITY MANAGER TO INSTRUCT THE DEPARTMENT OF MUNICIPAL SERVICES TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 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. 180 September 11, 2003 63. DIRECT MANAGER TO PROVIDE DETAILED REPORT RELATED TO PROPOSAL TO EXPEDITE PLANS AND CONSTRUCTION PERMITS IN CITY. Commissioner Regalado: Item C has been resolved, the Senior Immunization project has chosen two sites in District 4, two senior centers, and we're done with that. Chairman Winton: Great. Commissioner Regalado: Item -- Chairman Winton: "D." Commissioner Regalado: -- D. Chairman Winton: Commissioner Regalado. Commissioner Regalado: Item D is a proposal to expedite plans and construction permits in the City of Miami. Anyway, we all are happy the way that development is going in the City of Miami. I mean, it's in the papers, it's in the national news, and it's something that we are proud of. The Building Department, we are really happy with the way they work, so what I sent to the members of the Commission one week ago as a dear colleagues letter is some information about how we can expedite some permits. I don't know, Hector, if you have read it. Hector Lima: Hector Lima, Building. I just got it today. Yes, I read it. Commissioner Regalado: OK. Basically, this is talking to people, and it struck me why a person that wants to do a pavement in the yard or something has to follow or be in line at the same time or with the same people that are building a huge condo building. My thinking is, can we divide your department and division, residential, commercial, and little things can be handled -- Chairman Winton: Right. Commissioner Regalado: -- different. Remember that I went to see you with my daughter. She wanted to change two windows, three windows, and she went around by herself, and then I had to see you because all of a sudden, she was told that the permits cost $2,000 and the windows cost about $200, so -- and then we found out that it was wrong information. She finally got the permits for a hundred and some dollars, so my question to you, what can we do -- is anything here that we can implement within the budget process, not today, but in the next budget hearing, September 27, I think? Twenty -- Joe Arriola (City Manager): Commissioner, he's going to answer this for you. He's ready for you. Commissioner Regalado: OK. 181 September 11, 2003 Mr. Lima: Commissioner, thank you for the vote of confidence, to begin with. The Department has improved a lot over the last three years, and we have proposed to the Manager also having a satellite office on the first floor exactly to deal with that. Unfortunately, it hasn't been done yet because we're still working with the budget, but we do have a proposal that we brought to the Manager that would address exactly that. We've also placed a person at the lobby, on the fourth floor to assist homeowners. It's -- the title is the Homeowners Assistance, of course. We're going to have a lot of eGovernment in building coming up very soon, and you will be hearing about that, where contractors will have access through the web to do a lot of things and they won't be coming into the office as much. The issue with the homeowners, you're absolutely correct, and we do need to divide that. Of course, the whole City is working with just the exact amount of people, so it's going to be tight, but I'm sure that we can work it out. I know that the new assistant city manager is in favor of that also, so we're going to work on dividing the resi -- not so much the residential, but the homeowners from the contractors. I think that would really address the issue that you're talking about. Commissioner Regalado: And by going out to architects and charge them three or four times, they do that in the County, do they? Mr. Lima: I was going to ask you -- because I have not heard of that. I wish we could charge these professionals that bring the plans over and over. Commissioner Regalado: No, no. I'm saying there is a mechanism that people would go to -- you choose several firms, you and the Manager several firms, and people with plans go to these firms, and they run and revise all the plans, and then you charge these people -- Mr. Lima: You're -- Commissioner Regalado: -- three or four times, and then you do the final approval, so you take the workload out of your office, and if the developer wants to pay twice or three times the amount to save three or four months, they can do it. Mr. Lima: We've instituted quite a few programs like that. Number one, we have an overnight review with our own people, and that is done for a $250 fee per discipline. What you're referring to is consultant, and we do have that already. We have a contract with two firms that do plans review for us. Now, we don't control those people and we -- what we have found out is that it takes longer when we give it to them than if it is done in-house. That's why we created the overnight and we've created a lot of other incentives to get these developments done fast. I think by turning them around in the way we're doing them right now, we're the best right now in the County. Commissioner Regalado: Well, I just wanted to pass this idea. If you can, next meeting, maybe give us a more detailed report about how -- Commissioner Sanchez: Yeah, the works. Commissioner Regalado: -- does this work, it would be better. 182 September 11, 2003 Mr. Lima: Well, yeah, we'll look into that second suggestion and come back. Commissioner Sanchez: Mr. Chairman. Chairman Winton: Yes, sir, Commissioner Sanchez. Commissioner Sanchez: The Miami Development Summit, when it was put together, it focused on this issue. When we sat down with most of the developers, the biggest concern that they had was and that the process was not simplified. Time, to them, was money when you have certain time to do a project and get all the permits. I could speak from experience; your department has improved tremendously, and there's always that extra room for improvement when it focuses on the small things, the smaller scale improvements to home, but let's just -- let me just state something. As the City continues to move forward with a $1.6 billion and adding in permits that have been pulled for all these projects, the demand for service is there, and a lot of these developers are now starting to get to a point, they're saying, "Listen, for me to get an inspector to go out and inspect my site, it's taking me longer and longer," so you know, we -- being that we're on the budget right now and we're addressing the issue, you're going to start seeing a lot of complaints now that because of the demand for service and the service level not being there because it's not staffed, we're going to see complaints, but not deviating from what you're saying, Commissioner Regalado, I do tend to agree with you that on a smaller scale, home improvements. You know, if you do not hire someone who knows the ins and outs of the MRC (Miami Riverside Center), you are completely lost, so that's something that I want to focus on, and I think you're heading in that direction where you're trying to simplify the process for mom and pop, or somebody who's not very handy that can show up at the MRC and be walked in to get the appropriate permits for their improvements, because when you don't simplify the process and you make things complicated, you know what happens? People do jobs without permits. They tend to go, "I'm not going through that nightmare," but once you simplify the process -- and once again, let me commend you because you have, and the reason why because I inquire as to yes, there's been improvement. There's room for more, but there's room -- improvement in your department, so on that lower scale as to the demand of service for replacing windows, replacing doors, you know, doing the repairs that they do when they tear down the wood and they stucco the stuff, I mean, there has to be an in and out where you go in and you get that service as quickly as possible, so it would be good, when you get back, as to what is it that your department is doing to take care of the residents that are coming in to do repairs on their home and they don't have to deal with the larger scale developments, I mean. Chairman Winton: OK. Commissioner Sanchez: That would be very interesting. 183 September 11, 2003 64. DISCUSSION CONCERNING REPORT FROM COMMUNITY DEVELOPMENT DEPARTMENT REGARDING RENT FOR SOCIAL SERVICE PROGRAMS CURRENTLY LOCATED IN MANUEL ARTIME COMPLEX. Chairman Winton: Commissioner Regalado, Item E. Commissioner Regalado: Mr. Chairman, I have also an item that Barbara -- is Barbara here? It's about the rent for the social service programs located in the Manuel Artime complex, and this is part of the crisis in the social services funding, and Barbara came up with the idea of using some money to defray the cost of the rent. Barbara Gomez -Rodriguez (Director, Community Development): There was a motion made by you, like a month ago -- Commissioner Regalado: Right. Ms. Gomez -Rodriguez: -- or before you took the break, I believe, that basically directed us to work with Manuel Artime building to come up with ways to help the nonprofit. We are doing that. Our goal is to come back with a resolution and request approval from all of you where we will be able to provide one year of moratorium on the rent of Manuel Artime for all public service agencies that were impacted by the funding decision of the 29th Year. Commissioner Regalado: Beginning? Ms. Gomez -Rodriguez: October 1. Commissioner Regalado: To October 1 of 2004. Ms. Gomez -Rodriguez: To September 30, 2004. Commissioner Regalado: September 30. Commissioner Sanchez: Is that a waiver for an entire year? Ms. Gomez -Rodriguez: It's a moratorium; they will not have to pay rent. Community Development is working with the Budget Department and Manuel Artime to make sure that Community Development reimburses that amount of money to the general fund. Chairman Winton: Wow. Commissioner Regalado: OK, so that's done. Ms. Gomez -Rodriguez: That will be coming -- Chairman Winton: That's coming. 184 September 11, 2003 Ms. Gomez -Rodriguez: -- for your approval on September 25. Chairman Winton: OK. Commissioner Regalado: OK 65. DIRECT MANAGER TO HAVE DEPARTMENT OF COMMUNITY DEVELOPMENT STUDY POSSIBILITY OF IDENTIFYING FUNDS (POSSIBLY FROM HALF CENT TRANSPORTATION TAX) FOR ACCION TRANSPORTATION AGENCY TO ASSIST ELDERLY NEEDS FOR TRANSPORTATION. Commissioner Regalado: The other item, the last item I have is a question that I asked the City Attorney -- Alejandro Vilarello (City Attorney): Yes, sir. Commissioner Regalado: He's here. -- regarding the use of the half a penny tax, transportation tax for transportation in the City of Miami, and my question was, because there have been some problems with the funding and especially with one of the agencies that transport elderlies to the senior centers and other activities, Accion. I -- you know, last, I think it was in July, Commission Sanchez took the brunt of supporting this agency because it's in Little Havana, and because it's in Little Havana, he had to use most of his funds, and then we ran out of fund, and then we didn't have any funds, and still, the Mayor has gone to the County and he has the commitment of Commissioner Sosa for, I think, $80,000, but still, they're running into problems because that money will not get to them until next year, so my question to the City Attorney was, can we use transportation money from the County to share some part of the share that the City receives to contract this agency for transportation of elderly residents in the City of Miami only? Mr. Vilarello: The question really breaks down into two parts. One is whether or not you can use the dollars for that transportation purpose, and as long as it's a bus service that's provided with special needs, you can -- it fits within the category of services that you can provide, and certainly -- and the second part of your question is can you contract for that service, and the answer is yes to that as well, and I'll be issuing a formal opinion on that before the end of the week. Commissioner Regalado: So, Mr. Chairman, can we get Community Development to start working on the short- and the long-term situation of this agency, provided that this agency only transport in the five districts of the municipal boundaries of the City of Miami, and all the specifications that go along with that to cover their budget for normal operations? Chairman Winton: And I think that can't happen, though, until the City Attorney issues his formal opinion on the second part, at least. I mean, they can begin some preliminary work, but nothing can come forward until the City Attorney makes his formal ruling. Commissioner Regalado: Fine by me. 185 September 11, 2003 Chairman Winton: Now, Commissioner Regalado, I would like to put some information on the record about this agency, Accion, because I'm really, really ticked at Accion beyond belief. Vice Chairman Teele: You? Chairman Winton: I am. I am livid with that organization. First of all, Accion, in their application for funds, CDBG (Community Development Block Grant) funds from the City of Miami, they applied for funds from district -- for District 3 only -- that was their service area -- in their funding request, OK? Didn't say anything about District 2. I never heard of Accion. In addition to that, as you all know, CDBG funding for District 2 has been cut by a long shot significantly more than any other district. We've been cut by 61 percent in two years, so we went from 721,000 to 279,000, so every agency in my district has been literally slaughtered, and I've worked really hard to try to balance everybody's needs and keep them going. Accion also got hit. Commissioner Sanchez stepped up in a very big way. The Mayor stepped up and got some additional money from the County. They're still short 38,000. Heck, I've got agencies that are short 100,000, so they came, met with my staff. I think there was some sort of, at least initial, misunderstanding. They went back. There's two -- apparently two senior citizens in my district that use their transportation. They went to the agency -- we were flooded with phone calls because they went to the agencies and said, "Well, Commissioner Winton doesn't care about you. He's not willing to help, and we're going to cut off your funding." That's the -- don't shake -- if you're from Accion, step up, please. Beverly Tamayo: Yes, I am. Chairman Winton: Because I will give you all of the e-mails in there, and I'll bring my staff out here, who had to answer all of the phone calls. I don't know -- Ms. Tamayo: We don't -- we -- Chairman Winton: Excuse me, I'm talking. I don't know what message you delivered because I wasn't there. I know what message came back to our office about the message that y'all delivered, and if you didn't deliver that message, that's the message that my elderly folks understood. They understood that they were going to be cut off from services from your agency because District 2 wasn't providing you any funding. I don't have any funding. I've cut my agencies by 61 percent in two years. I don't have another dime of money in community development block grant funds to bring to the table if I thought this was the best program in the entire world, and so for you to go to the senior citizens in my district and tell them that you're going to cut off their services is irresponsible, and I am furious about it. Ms. Tamayo: We did not go to your district -- Chairman Winton: Do you want me to bring my staff out here and bring -- Commissioner Sanchez: Did you state -- Chairman Winton: -- the e-mails out here? 186 September 11, 2003 Commissioner Sanchez: Could you state your name for the record? Ms. Tamayo: Yes. Hi. My name is Beverly Tamayo. I work at Accion Community Center, 970 Southwest 1st Street. This is an agency that's been there for 32 years. We provide city -- Chairman Winton: We know what you provide. Ms. Tamayo: -- transportation citywide, not only your district. Chairman Winton: I know what you do. Ms. Tamayo: The whole -- citywide. Chairman Winton: That isn't the point. The point is -- Ms. Tamayo: What's the point? Chairman Winton: -- what you told the agencies in my district. Ms. Tamayo: We did not say that. It's not my fault that the citizens of your district, you know, they feel like that. They feel that -- Chairman Winton: They could only know that from you. They didn't learn anything from us. Ms. Tamayo: Of course. We have -- it's not only $32,000 that we cut us; it's 100,000. Commissioner Sanchez: But wait a minute. Chairman Winton: You got a -- Commissioner Sanchez: Wait a minute. Ms. Tamayo: Wait, wait. Chairman Winton: Joe, I'll let you -- Ms. Tamayo: Go ahead. Chairman Winton: Commissioner Sanchez. Commissioner Sanchez: Listen -- Commissioner Regalado: And -- 187 September 11, 2003 Commissioner Sanchez: -- if -- listen, he's got every right to be mad. I fund your agency as much as I can because you provide a good service for my district, but if you provide transportation citywide, when you say citywide, you provide citywide. It doesn't mean that just because he doesn't give you any money and someone calls from his district, you're going to tell them, "We're not going to provide you service because your Commissioner did not give us any money." I won't accept that. He won't accept that, and I don't think any Commissioner up here will accept that. I believe in your organization because the phone calls that I get, people that need transportation, not only do you provide transportation to them, but you also assure their safety to where they're going to and what they're coming from to provide all their needs, but you've got to be very careful. If someone from another district calls for transportation -- and you said it yourself, that you provide transportation citywide -- that you -- Ms. Tamayo: City of Miami. Commissioner Sanchez: City of Miami, citywide, City of Miami -- that no one from that staff makes the statements that the Commissioner has made. Now, that's what he's saying that somebody said. I don't know -- you know, there's two sides to every mountain, but I could assure you that the Commissioner or his staff would not be saying something that didn't happen, so we need to clarify that, whether it was miscommunication on both sides. I'll tell you what I won't accept as a Commissioner who gave you 90 percent or 80 percent of your budget, that if one of the Commissioner's constituents need services, that type of remark from any agency that I fund -- I want you to understand that. Chairman Winton: And let me say the final thing. I think -- thank you, Commissioner Sanchez. I'm not mad anymore. We can move on, but I -- that point is made. We'll move on. Everybody's going to be happy. Everybody's going to get service. End of story, but I don't want that kind of thing coming back anymore. Yes, sir. Commissioner Regalado: Just a question. I -- you know, I completely agreed with Commissioner Sanchez. I -- he took the brunt in his funding, but this is a citywide agency. All of us, we tried to do something here and there, and I think that sometimes senior citizens do get agitated when they see a service that is not being provided or couldn't be suspended. We had that same thing, Johnny, when the senior centers -- you know, we got calls saying, "You -- Commissioner Regalado, you want us not to have lunches anymore." I mean, we had that, so there are two remedies. Remedy number one, the City Attorney says it can be done. Let's use this funding to have this agency work for the residents of Miami. Remedy number two. This agency will go to all the clients and said, thanks to the five members of the City Commission, the Manager, and the Mayor of the City of Miami, we will be able to continue functioning in the City of Miami, and that's that, and they have to undo whatever they did, if they did it, but the fact of the matter is that they do need $113,000 to continue working, and we need to expedite this funding. Alex, when can you give us more details about how can we start getting that money? Because the County is already ready to pay some of that money. Mr. Vilarello: The interlocal agreement has been executed and approved by the City Commission. There's no legal holdup with regard to that agreement. It's been -- 188 September 11, 2003 Chairman Winton: Great. Thank you. Mr. Vilarello: -- done for more than a month. Chairman Winton: OK. Commissioner Regalado, you have another issue? Commissioner Regalado: No, Mr. Chairman. I'm -- 66. AUTHORIZE MANAGER TO EXECUTE PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF PROPERTY LOCATED AT 6301-6307 NORTHEAST 2nd AVENUE, AS DESCRIBED IN PURCHASE AND SALE AGREEMENT BETWEEN CITY AND LINCOLN PROPERTY II, INC., IN CONNECTION WITH DEVELOPMENT OF PARK IN LITTLE HAITI, $2,750,000; FURTHER ALLOCATE $2,840,000 FROM $25 MILLION APPROPRIATED FROM $255 MILLION HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND TO COVER COST OF SAID. Chairman Winton: All right. Blue pages are done. Let's go to -- Can we start the budget now? Commissioner Regalado: We need to defer "E." Larry Spring (Chief of Strategic Planning, Budgeting & Performance): 5:05. Chairman Winton: Yeah -- no. That's just automatic. You can bring it back next time. Do we have any pocket items? Alejandro Vilarello (City Attorney): Item Number 8. Chairman Winton: Oh, which one? Joe Arriola (City Manager): Number 8. Chairman Winton: OK. Let's go. Item number what? Keith Carswell (Director, Economic Development): Eight. Mr. Chair -- Chairman Winton: Carswell -- Mr. Carswell: OK. Chairman Winton: -- you're recognized, sir. Mr. Carswell: OK. Mr. Chair, Commissioners, what you have before you is a purchase and sale agreement for Keystone Trailer Park. The purchase price -- the total cost of this transaction is $2,750,000. The purchase price -- and it's broken down as follows. The purchase price is $1,775,000, and this is the average of two appraisals. As additional consideration of $975,000 that the City will be providing, the seller is going to relocate the tenants, as well as demolish and 189 September 11, 2003 remove the structures, so the total cost of this transaction is $2,750,000, and just as a point of reference, there's been some earlier conversations in the past about the Post Buckley report, and just to note that the condemnation cost was estimated by Post Buckley to be 2.9 million and that did not include any relocation, just as a point of reference. On August 15 we met with the sellers, and we felt that we had reached an agreement, but as you know, that you're not in agreement until the other party signs the contract. Day before yesterday, we received nine pages of issues that the seller had with the contract, and we endeavored through the evening yesterday to kind of work on the agreement, and what I would like to do is go over some of the key and salient points that were changed from what you originally received as part of your original packet to now what you're receiving. The purchase price and the consideration remains the same, for the most part. Well, remains the same. What we had previously agreed to was that during the inspection period, which was originally 12 months, has -- which has now been reduced to six months, that should remediation costs exceed $200,000, then there would have been a reduction on the purchase price of any amount in excess of the $200,000. Now, what we have is that during the six-month inspection period, the City has the ability to walk away from the transaction, if we choose to do so. Also -- Chairman Winton: For any reason? Mr. Carswell: For any reason. Chairman Winton: OK. Mr. Carswell: Also, we initially provided a $50,000 deposit 45 -- within 45 days from the effective date of the contract. What we've agreed to now is to provide a $300,000 deposit. Initially, 50,000 will be due within five days from the execution of the contract, and once we go through the six-month inspection period, which could be less, the additional $250,000 will be provided. Now, the $300,000 will be used for the relocation -- will be used for demolition and removal of the existing structures. In order to safeguard to make sure that the dollars are being spent as they were set aside for, the sellers will present to the City, and the City will approve, a budget and an estimate of the demolition costs associated -- demolition and removal costs associated with the structures on the site. Additionally, we will approve any invoices associated with the demolition or removal of the structures, so in other words, as the tenants move from the site, we will go in and -- well, the sellers will go in and have those structures demolished and removed so that at the end of the inspection period where we occupy the property, we don't have the issue of dealing with squatters because there will be no structures on the site. There were several obligations that the seller had or conditions precedent to closing. The seller, by statute, must comply with the Florida Mobile Home Act, Section 723.01. We initially agreed that the seller would also provide a relocation plan that would be mutually agreed upon. The sellers is now -- has now request -- is now requesting that we -- they just comply with the applicable law, which is the Florida Mobile Home Act, Section 723.01. Also, as I mentioned earlier, that the seller will provide a demolition plan and budget to the City that we would have to approve and any expenditures we would have to approve before hand. Also, the seller will now provide copies of all notices to tenants, as well as quarterly rent rolls, and that will, again, give us an indication of how the relocation is occurring. Seller will use his best efforts not to create any further code violations, as well as no parties will be in possession of the property at the time of 190 September 11, 2003 closing. Another material change was that we -- that should the seller not comply with all the conditions precedent to closing, we were able to basically reduce the purchase price by $725,000 and move towards the closing. Now we've moved that as part of the seller's obligation, and we could move forward with the closing, but then we would also be in a position to seek legal remedies. An additional change is that the seller is not responsible for any Code violations and Code violation liens recorded against the property subsequent to February 20 of this year, and -- we are currently reviewing the title policy and title commitment and looking through that, and we don't see any material changes than what we originally anticipated. Also, I'd like to note, in order to expedite this process, there has been an area Phase I for the property, and this will serve as a basis for a Phase II environmental that will be part of our due diligence. We anticipate having that done within the next 60 days. Also, there have been several meetings with the CIP (Capital Improvements Program) Department, the Planning Department, looking at conceptual designs for this proposed site. There have been discussions with two soccer fields, regulation size, a community or facility to provide -- to compliment the recreational activities, as well as tot lots, parking lots, and things of the like. Also, in order to get the word out to the community and provide better communication as to what our activities are, we are tentatively -- we've tentatively scheduled a community meeting around October 18, and what we've done in addition to that is, we've developed flyers that will be in Spanish, English, and Creole that will talk about the different components of the park. One of the things that I think there's a misunderstanding is that the park is a 60 -acre contiguous park. The park has several components, as I believe, and the Commissioner probably can speak to this a lot better than I can, where there's a recreational component and then there's a cultural component, which will be -- serve as a basis for the Caribbean MarketplaceBlack Box Theater. Also, we will have a -- we reach -- we will be reaching out to the area schools, where we're proposing to have a essay writing contest to solicit input from the community and the kids to see what it is that they would like in their particular park, and so that will serve as creating community notice about the park as well. Chairman Winton: Thank you. This is a public hearing, so I'd like to open the comments to the public, and Madam Clerk, I want to invoke the two -minute rule on each person from the public who would like to speak on this item, and yes, ma'am. Carline Paul: My name is Carline Paul. I am the -- I'm wearing the hat now of the chair of the CAA, Community Action Agency, Edison/Little River Advisory Council, and I'm the chair of that committee. This past Tuesday, September 2, the Edison/Little River Advisory Council had a meeting whereby we had to have a two-year plan of what our goal and objectives for that community, which is Edison/Little River/Little Haiti, and among all of the members present, they were asked to prioritize in order what their concern, indirectly and directly as it relates to the community, and out of those prioritized concern, it was unanimously voted by the residents of the Edison/Little River Advisory Council, who attended the meeting, that their priority is to have the Edison/Little River Park become a reality, and as you know, the City is trying now to purchase Keystone. Keystone is an area that is drug infested. It doesn't bring much to the community. The trailer park can be renovated, and we are very happy to hear that they are willing to sell the park for the Little Haiti Park to go forward, so as the chair of the Community Action Agency, Edison/Little River Advisory Council, I commend the City for continue working diligently in order to reach the dream of the City residents who voted for the $27 million bond issue to see that the park become a reality. 191 September 11, 2003 Chairman Winton: Thank you. Yes, sir, Mr. Cruz. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. It was not 27 million; it was $255 million bond issue, and the only thing I am question here -- I don't question the validity of the park or anything. If it is they're using bond money, how come this issue was not in front of the CIP board? So why we have a board and you bypass the board now, unless you going to use money from general fund, but according to the -- when that board was formed, and it was the people appointed by you, Commission -- Chairman Winton: We understand, so just get to the question and we'll answer the question, please. Mr. Cruz: That's all I want to know, how come -- Chairman Winton: OK. Right. Why didn't it go before CIP? So -- Mr. Cruz: The CIP board is being bypassed. That's all. Chairman Winton: Which is a good question. Mr. Cruz: Thank you. Chairman Winton: Yes, sir. Mr. Carswell, want to answer that? Mr. Carswell: Keith Carswell. We actually did meet with the subcommittee, the Finance Committee of the Bond Oversight Board; they approved the recommendation. That committee, as you may be aware, is chaired by the Chairman of the Bond Oversight Board. We did make them aware that this meeting would occur prior to the larger board, if you will, having an opportunity to make a recommendation. They were OK with it. They did not see an issue with it. We will have to go back -- Chairman Winton: And I'm assuming it will go before the full board. Mr. Carswell: Correct, and that -- Chairman Winton: All right. Mr. Carswell: -- is scheduled on the 23rd. Chairman Winton: OK. Thank you. Anyone else from the public like to speak on this item? Sir. Peter Erlich: Mr. Chairman, Mr. Vice Chairman, Commissioners, Peter Erlich, with offices at 395 Northeast 59th Street. I'm the president of Lemon City Taxpayers Association. Many of you know me as a business and property owner in Little Haiti. Many of you also know me as an 192 September 11, 2003 advocate for the planning for this proposed Little Haiti Park. Regarding this item, I commend Chief Administrator Joe Arriola and his staff for this purchase and sale contract. The price and terms appear to be highly favorable to the City of Miami. I also commend Joe Arriola for agreeing to a meeting with the Greater Miami Chamber of Commerce on August 21. We look forward to working with the City on the plans for this proposed park as they continue going forward, and we especially look forward to working with the City on the proposed amendment to the comp. (comprehensive) plan that will probably be before you on August 25. Thank you very much. Chairman Winton: Thank you. Anyone else from the public like to speak on this item? Vice Chairman Teele: So move the item. Chairman Winton: Public hearing is closed. We have a motion. Commissioner Gonzalez: Second. Chairman Winton: Need a second. Commissioner Sanchez: (UNINTELLIGIBLE). We will not be taking possession of the property with tenants still there, correct? Chairman Winton: No. That's correct. No tenants. Commissioner Sanchez: OK. Chairman Winton: And cleared. Commissioner Sanchez: And cleared. Chairman Winton: Right. Commissioner Sanchez: All right. Chairman Winton: Mr. Carswell, what's the size of this site? Mr. Carswell: 8.94 acres. Chairman Winton: 8.94 acres? Mr. Carswell: Yes. Commissioner Sanchez: Boy, I'll tell you. Chairman Winton: Thank you. OK. We have a motion and a second. Any further -- 193 September 11, 2003 Alejandro Vilarello (City Attorney): Mr. Chairman. Vice Chairman Teele: Mr. Attorney. Mr. Vilarello: Mr. Chairman, the title does not provide for -- it is required that the City Commission approve this by an extraordinary vote, so it does require a four -fifth vote. Chairman Winton: Thank you. Any other discussion on this item? Being none, all in favor, aye. 11 The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries, 5/0. The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-1002 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND LINCOLN PROPERTY II, INC., A FLORIDA CORPORATION, FOR THE ACQUISITION OF PROPERTY LOCATED AT 6301-6307 NORTHEAST 2nd AVENUE, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN THE AGREEMENT, IN CONNECTION WITH THE DEVELOPMENT OF LITTLE HAITI PARK, FOR A PURCHASE PRICE OF $2,750,000 AND IN ACCORDANCE WITH THE TERMS SET FORTH IN THE AGREEMENT; ALLOCATING FUNDS, IN THE AMOUNT OF $2,840,000, FROM THE $25 MILLION APPROPRIATED FROM THE $255 MILLION HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND TO COVER THE COSTS OF SAID ACQUISITION INCLUSIVE OF COST OF SURVEY, ENVIRONMENTAL REPORTS, AND TITLE INSURANCE; AND $200,000 FOR REMOVAL OF LIENS, OR PAYMENT OF FINES IN CONNECTION WITH ANY CODE VIOLATIONS FILED AGAINST THE PROPERTY SUBSEQUENT TO FEBRUARY 20, 2003, SUBJECT TO THE RECOMMENDATION OF THE BOND OVERSIGHT BOARD. 194 September 11, 2003 Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Vice Chairman Teele: Mr. Chairman. Chairman Winton: And Commissioner Teele -- Vice Chairman Teele: Now this item has pass -- Chairman Winton: Commissioner Teele, the -- hold on. I want to say something to Commissioner Teele. I want to commend and thank Commissioner Teele. He has been on this issue. This was his idea to begin with, and he has stayed on point on this issue, and I think we're now at the point -- and I want to thank the Manager and staff. I was surprised at Peter Erlich's comments, so we've even taken the opposition and begun to create, I think, some real consensus in the neighborhood. We are going to have a park for the citizens of Little Haiti and that goes -- that is in thanks, almost entirely, to Commissioner Teele's commitment to make this thing happen. Commissioner Teele, you're recognized. Applause. Vice Chairman Teele: Thank you. Mr. Arriola: Commissioner, can I -- I really have to do this. Our staff worked until 3:30 in the morning last night to put this deal to bed. Chairman Winton: Great. Mr. Arriola: As you know, this has been an issue with me for months and months and months, and if it hadn't been for this five members of this staff, this would have not happened, so I want to thank publicly Madeline Valdez, Olga Rodriguez, Keith Carswell, Ricardo Gonzalez, and specially Alex Vilarello, who took this upon himself and did a terrific job to get this thing done - Chairman Winton: Here, here. Mr. Arriola: -- and I want to thank him publicly for it. 195 September 11, 2003 Applause Chairman Winton: Commissioner Teele, you're recognized. Vice Chairman Teele: I'm not big on this kissing everybody, but I did ask to be heard because I really did want to say one bit of kissing, and it's not pleasant for me, but the Manager, the administrator really is the person who has heard all of the discussion. He came in with no opinion. In fact, some of his comments early on gave me some concern, but after listening to all of the debate and discussion, meeting with people, he's probably more fed up than I am at this point because what has transpired today is literally the first and the most important step. If you go back and you read the transcript and the discussion going back to `91 -- to 2001, the main discussion was on this trailer park being used as a recreational field or soccer field. I think it's really important -- and I want to put this in the record because I want to just put on the record one thing and that is the testimony of Mr. Jean Baptist Nono (phonetic) before the Little Haiti Park Advisory Committee. This was done on -- at 3 p.m., on August 10, 2001. "First of all, I am Nono Baptist. Everyone knows me as "Nono" in the soccer world. I played soccer all of my life. I've served as the coach of the National Team of Haiti, the coach of the Miami -Dade. I played for the Miami -Dade championship -- national champs, and I played for the most famous soccer teams in South Florida; champion five times," and then he goes on to talk about to -- the point is, is that "in Little Haiti we have no place called in Little Haiti to play soccer. Sometimes we play at Curly High School, but most of the time it's only Sunday. I've been playing -- traveling to a lot of cities -- soccer clinics in Dallas and Phoenix and all over the place, and it's a very amazing thing. In all of these cities, you won't believe the stage of soccer for the kids in different communities, but it's amazing that we have the largest community in the United States in Little Haiti, soccer is number one for us. Any time Haitian plays, it's thousands and thousands of people coming to watch, and yet, we still don't have a place called our own where we can educate our children on this game of soccer." Now, this step, Mr. Manager, goes a long way in dealing with -- this is a gentleman who is well-known, and if -- I told Mr. Carswell and others, if we're going to start talking to people in the community, we need to bring in the people who were there, who have the discipline of soccer, but this has been a part of a very deliberate process. It is all on the website. It's all available, and soccer is the number one sport of Haitians. We've got football fields and basketball fields in every community, and I want to underscore what the Manager has said to me, my support, that this facility -- this area -- and the problem is, any time you come up with something, everybody's going to come in with an idea of what they can do -- this area is soccer area, and we really need to move forward. I particularly, Mr. Chairman, want to thank my colleagues for bearing through all of this very deliberate part. You have a map before you that shows the significant area that we're talking about. This is in the sort of the northern tier. In the southern most tier, we've already approved the trans -- the conversion of the Caribbean Marketplace and some land in that area as the culture component, and so we're moving it at this point on two prongs, and hopefully, with the Mayor and Manager's support, we're going to be able to develop the child facility perhaps with the third party, so again this is a tremendous step forward. We will probably not get possession of this for six months to a year. Hopefully -- the state law gives the property owner up to one year, so we can't -- you know, if he relocates before then, but we can begin the process of moving forward, and I do hope that we'll keep the bond advisory committee fully engaged, along with the capital improvement, as we 196 September 11, 2003 move forward on this, but again, Mr. Chairman, I want to thank the Manager for becoming personally involved and going before the Chamber of Commerce and testifying so eloquently, in his own unique style, if you know what I'm saying, about the needs for this. Thank you, Mr. Manager. Chairman Winton: Commissioner Teele, I just can't resist this. You're talking about soccer is the game of the Haitian community. I just want to point out that there's a couple of pretty good football players out of the Haitian community also. The Joseph brothers, one of whom got drafted by the NFL (National Football League) on the first round from the University of Miami last year, one of whom is a starter on the offensive line this year, and Jonathan Vilma, who's a linebacker for the University of Miami, so there's some pretty darn good Haitian football players out there, too. Go Canes. OK. Did we vote? Vice Chairman Teele: Yes. Chairman Winton: OK. I guess then that means -- are we prepared for -- oh, is the Mayor down here? Mr. Mayor, would you like to -- Chairman Winton: Mr. Mayor, would you like to start off with your blue sheet item or do you want to go straight to the budget? Mayor Manuel A. Diaz: Well, actually I think the blue sheet item was pulled. Chairman Winton: I'm sorry? Mayor Diaz: My blue sheet item was pulled. Chairman Winton: Oh, it was? Mayor Diaz: Yeah. Chairman Winton: Oh, I'm sorry. Mayor Diaz: If you want to go right to budget, we'll go right to budget. Chairman Winton: OK. Commissioner -- Priscilla A. Thompson (City Clerk): I'm sorry. Chairman Winton: -- Regalado, don't let me forget -- Ms. Thompson: I'm sorry, Chairman. Did -- I'm sorry. We didn't hear what happened with the blue sheet item. Chairman Winton: He's not taking it up. 197 September 11, 2003 Ms. Thompson: Thank you. Commissioner Regalado: We had a -- CIP (Capital Improvements Program) has a pocket item. It's about a construction. I don't know -- Chairman Winton: No. I think we're going to go to the -- are you ready for the budget? Commissioner Regalado: You're red -- Chairman Winton: If you're not ready for budget, then let's take up a couple of pocket items, if we have them. Let's not just sit here. 67. APPOINT STEVE KNEAPLER, MONTY TRAINER, SILVANO BIGNON AND DAVID COLLINS AS MEMBERS OF COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE. Chairman Winton: Commissioner Regalado, let me go to you. Item 44 is the Coconut Grove Special Events and Marketing Committee. There's four members at large. That's your committee, so we did not act on it at all before lunch. Commissioner Regalado: I'm sorry, which item? Chairman Winton: Item 44. Commissioner Regalado: Sorry. I don't seem to -- oh, I have it here. Coconut Grove Special Events and Marketing Committee, Silvano Bignon, Monty Trainer, Steve Kneapler. Jason, we have here Jimmy Flannigan resigned and in place, you appointed -- Chairman Winton: You want to find -- do you have it written down? Why don't you go get it and let -- why don't you move those three? Commissioner Regalado: I'll move -- Vice Chairman Teele: Second. Chairman Winton: Motion, second on the three. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. 198 September 11, 2003 The following resolution was introduced by Commissioner Regalado, who moved for its adoption: RESOLUTION NO. 03-1003 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE FOR TERMS AS DESIGNATED HEREIN. Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado NAYS: None. ABSENT: Commissioner Joe Sanchez Commissioner Regalado: David Collins. Chairman Winton: We got a motion. Need a second. Vice Chairman Teele: Second. Commissioner Gonzalez: Second. Chairman Winton: Got a motion, second on the fourth member. 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. 03-1004 A MOTION APPOINTING DAVID COLLINS AS A MEMBER OF THE COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE. 199 September 11, 2003 Upon being seconded by Vice Chairman Teele, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado NAYS: None. ABSENT: Commissioner Joe Sanchez 68. APPOINT JACK KING AND ANTONIO LLANO MONTES AS MEMBERS OF WATERFRONT ADVISORY BOARD. Commissioner Regalado: I have appointment on 42. Chairman Winton: Sure. Commissioner Regalado: Did we make -- Chairman Winton: Yes, absolutely. Commissioner Regalado: Jack King and Antonio Llano Montes. Chairman Winton: Got a motion. Need a second. Vice Chairman Teele: Second. Chairman Winton: Motion, second. Any 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. 03-1005 A MOTION APPOINTING JACK KING AND ANTONIO LLANO MONTES AS MEMBERS OF THE WATERFRONT ADVISORY BOARD. 200 September 11, 2003 Upon being seconded by Vice Chairman Teele, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado NAYS: None. ABSENT: Commissioner Joe Sanchez 69. DEFER: PROPOSED APPOINTMENT TO INTERNATIONAL TRADE BOARD (ITB). Commissioner Regalado: I do have for the International Trade Board, Mr. Jesus Gonzalez. Chairman Winton: I don't think we're -- I don't think we're organized well enough to make appointments to that yet. Commissioner Regalado: Not on that one? Chairman Winton: No. Commissioner Regalado: OK. 70. TABLED: APPOINT CERTAIN INDIVIDUALS AS REGULAR MEMBERS OF PLANNING ADVISORY BOARD. Commissioner Regalado: On the Planning Advisory Board, Item 41 -- Chairman Winton: Um -hum. Commissioner Regalado: -- Doris Scheer, but she requires -- Chairman Winton: Four -fifth. Commissioner Regalado: -- a unanimous vote to waive serving the maximum term. Chairman Winton: OK. Commissioner Regalado: So that's my motion. Chairman Winton: We -- four-fifths, right? Commissioner Regalado: Unanimous. 201 September 11, 2003 Chairman Winton: All five. Commissioner Sanchez, where is he? He's not here, so pick that one up -- do you have another one? We have to have all five votes on that. 71. APPOINT CHARLES CUTLER, PATRICK RANGE, JR, YVONNE MCDONALD, ANTHONY J. CANTEY AND JOE SIMMONS, JR AS MEMBERS OF EQUAL OPPORTUNITY ADVISORY BOARD. Commissioner Regalado: Equal Opportunity Advisory Board, Anthony Cantey. Chairman Winton: Motion. Second. Vice Chairman Teele: Second. Chairman Winton: 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 Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-1006 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. 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 NAYS: None. ABSENT: Commissioner Joe Sanchez Chairman Winton: Anything else, Commissioner Regalado? Is that all your appointments? Commissioner Regalado: No. I still say I have a CIP (Capital Improvements Program) pocket item, but I can't find it. 202 September 11, 2003 Chairman Winton: OK. Well, we'll bring that up when you find it. Do you have any other board appointments? Commissioner Regalado: No. Chairman Winton: OK. As soon as we get Commissioner Sanchez here, would you remind me to come back to your item? And didn't we have someone else, Madam Clerk, that we had to do with -- Priscilla A. Thompson (City Clerk): Yes, we did. Mr. Robert Masrieh. Chairman Winton: OK, so as soon as Commissioner Sanchez is here -- Vice Chairman Teele: Did you do Item 6 on your blue pages? Chairman Winton: Yes. 72. APPROVE PROCUREMENT OF CITYWIDE STORM WATER INFRASTRUCTURE SYSTEM CLEANING FROM ENVIRONWASTE SERVICE GROUP, INC., FOR DEPARTMENT OF PURCHASING, TO BE USED BY PUBLIC WORKS DIVISION OF DEPARTMENT OF MUNICIPAL SERVICES, UNDER EXISTING MIAMI-DADE COUNTY CONTRACT NO. 629528; ALLOCATE FUNDS FROM PUBLIC WORKS STORMWATER UTILITY TRUST, $750,000. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: While we're waiting, the Manager has a resolution, which I'm just going to submit as a pocket item. Chairman Winton: OK. Vice Chairman Teele: A resolution awarding the procurement of a storm drainage system clean- out; recommended -- adopt the attached resolution for a contract for citywide storm drainage systems from the Environmental Waste Service Group, a Hispanic nonlocal vendor, located on 88th Street, in the amount of six hundred and ninety-seven five and fifty-two five for expenses; a total amount not to exceed $750,000. I would so move. Chairman Winton: Got a motion and a second. I would like to point out -- Mr. Manager, would you like to point out the fact that we don't typically bring economic items -- significant economic items via pocket item, but this is about storm water drainage. We have a big storm sitting out there pointed directly at us, and so that's -- so this is a real emergency and a very special circumstance, which is the reason that it's coming forward as a pocket item. Commissioner Regalado: I did find, City Manager -- 203 September 11, 2003 Chairman Winton: OK. Let me vote on this. 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. 03-1007 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE PROCUREMENT OF CITYWIDE STORM WATER INFRASTRUCTURE SYSTEM CLEANING FROM ENVIRONWASTE SERVICE GROUP, INC., FOR THE DEPARTMENT OF PURCHASING, TO BE USED BY THE PUBLIC WORKS DIVISION OF THE DEPARTMENT OF MUNICIPAL SERVICES, ON AN AS -NEEDED CONTRACT BASIS, UNDER EXISTING MIAMI-DADE COUNTY CONTRACT NO. 629528, THE TERMS AND CONDITIONS OF WHICH SHALL APPLY EFFECTIVE THROUGH JUNE 9, 2004, SUBJECT TO ANY EXTENSIONS THERETO BY MIAMI-DADE COUNTY; ALLOCATING FUNDS FROM PUBLIC WORKS STORMWATER UTILITY TRUST FUND ACCOUNT NO. 001000.311003.6.340, IN THE AMOUNT OF $697,500 TO COVER THE CONTRACT COSTS AND $52,500 FOR ESTIMATED EXPENSES INCURRED BY THE CITY, FOR AN ESTIMATED TOTAL COST OF $750,000 FOR THE PROJECT. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado NAYS: None. ABSENT: Commissioner Joe Sanchez 204 September 11, 2003 73. AUTHORIZE MANAGER TO EXECUTE AGREEMENT BETWEEN CITY, RACEWORKS, LLC, AND CONCORDE CRUISES, INC., RELATED TO GRAND PRIX AMERICAS EVENTS HELD IN DOWNTOWN MIAMI, $50,000. Chairman Winton: Yes, sir, Commissioner -- Commissioner Regalado: I have another pocket item from the Manager. It's the Grand Prix of the Americas settlement agreement with Raceworks and Concorde Cruise, Inc. Chairman Winton: Right. Commissioner Regalado: It's a resolution by the City Manager, so I move the resolution. Chairman Winton: Got a motion, 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. 03-1008 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"), RACEWORKS, LLC ("LICENSEE"), AND CONCORDE CRUISES, INC. ("CONCORDE"), RELATED TO THE GRAND PRIX AMERICAS EVENTS HELD IN DOWNTOWN MIAMI, FOR AN INITIAL PERIOD OF ONE YEAR, IN A TOTAL AMOUNT NOT TO EXCEED $50,000. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado NAYS: None. ABSENT: Commissioner Joe Sanchez 205 September 11, 2003 74. ACCEPT BID OF T.J. PAVEMENT CORP., FOR PROJECT ENTITLED "S.W. 11TH STREET RECONSTRUCTION PROJECT, B-5699," TOTAL $96,000. Commissioner Regalado: And the last one is a resolution of the Miami City Commission, with attachment, accepting the bid of T.J. Pavement Corporation, the lowest responsive and responsible bidder, pursuant to invitation for bids, dated August 25, 2003, for the project entitled Southwest 11th Street Reconstruction Project, in the amount of 83,212; allocating funds from capital improvement project, in the amount of 96,000, from the quality of life bonds of District 4. That's my motion. Vice Chairman Teele: Second. Chairman Winton: We have a motion and a second. Discussion. Being none, all in favor, LL " aye. The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. The following resolution was introduced by Commissioner Regalado, who moved for its adoption: RESOLUTION NO. 03-1009 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID OF T.J. PAVEMENT CORP., FOR THE PROJECT ENTITLED "S.W. 11TH STREET RECONSTRUCTION PROJECT, B-5699," IN THE AMOUNT OF $83,212; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 311714 IN THE AMOUNT OF $83,212 TO COVER CONTRACT COSTS, PLUS $412,788 TO COVER ESTIMATED EXPENSES INCURRED BY THE CITY, FOR TOTAL ESTIMATED PROJECT COSTS OF $96,000, AS SET FORTH ON THE TABULATION OF BIDS DOCUMENT AND THE DEPARTMENT OF CAPITAL IMPROVEMENTS PROJECT FACT SHEET, ATTACHED AND INCORPORATED; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 206 September 11, 2003 Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado NAYS: None. ABSENT: Commissioner Joe Sanchez 75. AUTHORIZE MANAGER TO EXECUTE MEMORANDUM OF UNDERSTANDING WITH RACEWORKS, LLC, FOR ISSUANCE OF A PERMIT FOR MOTORSPORTS RACES, "GRAND PRIX OF THE AMERICAS," TO BE HELD IN DOWNTOWN MIAMI ON SEPTEMBER 26-28, 2003. Alejandro Vilarello (City Attorney): Mr. Chairman, there's another Raceworks related item. It's the Manager's item with regard to authority to enter into a memorandum of understanding, which authorizes the issuance of the race permit for the race on September 26 through the 28. It's also been distributed. This is -- Chairman Winton: OK. Need a motion. Mr. Vilarello: -- required on an annual basis. Chairman Winton: Need a motion on that: Raceworks permit. Got a motion. Second? Vice Chairman Teele: Second. Chairman Winton: Got a motion and a second. Discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. 207 September 11, 2003 The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-1010 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING, IN SUBSTANTIALLY THE ATTACHED FORM, WITH RACEWORKS, LLC, FOR THE ISSUANCE OF A PERMIT FOR MOTORSPORTS RACES, "GRAND PRIX OF THE AMERICAS," TO BE HELD IN DOWNTOWN MIAMI ON SEPTEMBER 26-28, 2003. Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado NAYS: None. ABSENT: Commissioner Joe Sanchez Chairman Winton: Any others? Vice Chairman Teele: Well -- Chairman Winton: I'm sorry? Commissioner Teele. Vice Chairman Teele: That was the one to amend. 208 September 11, 2003 76. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND ACCEPT FEBRUARY 3, 2003 BID OF PROFESSIONAL GENERAL CONTRACTORS, INC., FOR PROJECT ENTITLED "HADLEY PARK -MODEL CITY TRUST OFFICES, B-6457", $74,800; ALLOCATE AS APPROPRIATED BY ANNUAL APPROPRIATIONS AND CAPITAL APPROPRIATIONS ORDINANCES. Vice Chairman Teele: The Manager has forwarded two resolutions for ratification. A resolution ratifying the emergency finding of the Hadley Park Model City Trust offices and awarding a contract to professional general contractors. A resolution of the Commission, by four-fifths affirmative vote, approving and confirming the City Manager's finding, waiving competitive bid requirements, accepting the February 3, 2003 bid of professional services to the lowest, responsive, responsible bidder for a project entitled Hadley Park Model City Trust offices, in the amount of $74,000; allocating the funds from project number 33149 [sic], as appropriated, by the annual appropriation and capital budgets, as amended, in the amount of 74,800 for the contract costs; authorizing the Manager to execute all documents necessary in substantial form. So move. Commissioner Gonzalez: Second. Chairman Winton: Discussion. The very first pocket item that was real money, it's about storm sewer, storm drain, storm runoff control. We have a big storm coming; it's absolutely an emergency. The one that we provide -- that we passed just before, Commissioner Teele, on 11th Street, I kind of sat here -- I'm going to support both of these, by the way, but I want to make a point to the Manager. I know he's in a hurry to get these projects done, but bringing spending items before the Commission that are pocket items so that they aren't properly noticed to the public is bad public policy, so -- and I know he's in a hurry; he's trying to get this stuff done, so I commend him, but I'm not going to, in the future, unless these have a real emergency nature, I don't care if it's in my district or anybody else's, I'm not going to support them, as a pocket item. That's all. OK. I'm sorry. Go ahead, Commissioner Teele. Do you have -- Vice Chairman Teele: So move. Chairman Winton: -- a motion and a second? 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. 209 September 11, 2003 The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-1011 RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND AWARDING A CONTRACT TO PROFESSIONAL GENERAL CONTRACTORS, INC., FOR THE PROJECT ENTITLED "HADLEY PARK -MODEL CITY TRUST OFFICES, B-6457"; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 331419, IN THE AMOUNT OF $74,800, FOR THE CONTRACT COSTS; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 77. INCREASE CONTRACT WITH PROFESSIONAL GENERAL CONTRACTORS, INC., $10,000, FROM $74,800 TO $84,800 FOR "HADLEY PARK -MODEL CITY TRUST OFFICES, B-6457" ALLOCATE FUNDS AS APPROPRIATED BY ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCES. Vice Chairman Teele: And the companion item, just so it's all here, is the same company. Resolution of the City Commission, by four-fifths vote, increasing the contract for professional general services, in the amount not to exceed $10,000, from 74,000 to 84,800 for the same project, Hadley Park Trust offices; allocating the funds from project number 331419, as appropriated, and amended. So move. Commissioner Gonzalez: Second. Chairman Winton: Motion, second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. 210 September 11, 2003 Chairman Winton: Like sign, opposed. Motion carries. The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-1012 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4/5THS) AFFIRMATIVE VOTE, AUTHORIZING AN INCREASE IN THE CONTRACT WITH PROFESSIONAL GENERAL CONTRACTORS, INC., IN AN AMOUNT NOT TO EXCEED $10,000, FROM $74,800 TO $84,800, FOR THE PROJECT ENTITLED "HADLEY PARK -MODEL CITY TRUST OFFICES, B-6457;" ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 331419, FOR SAID INCREASE; AUTHORIZING THE EXECUTION OF ALL DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Chairman Winton: Thank you. 211 September 11, 2003 78. FIRST PUBLIC HEARING TO DISCUSS THE PROPOSED MILLAGE RATE AND TENTATIVE BUDGET FOR FISCAL YEAR 2003-2004. PROPOSED DEFINING AND DESIGNATING THE TERRITORIAL LIMITS FOR THE CITY OF MIAMI FOR THE PURPOSE OF TAXATION; FIXING THE MILLAGE AND LEVYING TAXES IN THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004. PROPOSED MAKING APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY REQUIREMENTS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2004. TABLED: Chairman Winton: OK. Are we ready for budget? Mr. -- who's leading this? Mr. Mayor? Mayor Diaz: Thank you, Mr. Chairman and Commissioners. In keeping with the City Charter, I stand before you today to deliver my budget address and to outline my priorities for the coming fiscal year. In adopting last year's budget, we refocused our government by aligning the City's expenditures with the priorities that we collectively established. These were improving the economic situation of our citizenry through responsible tax cuts; making the required capital investments that will facilitate future economic growth; safeguarding the City's future fiscal solvency and ensuring the delivery of quality services to enhance our quality of life. This year's proposed budget reaffirms our commitment to these four overriding goals. On this date, September 11, we remember that fateful day two years ago when our country was brutally attacked and so many Americans lost their lives. Today the adverse economic effects of 9/11, the downturn of the market and the general national economic slowdown, have caused local and state governments throughout our country to face soaring deficits, causing many to cut back services, increase taxes and fees or both. Our City has not been totally immune from these national economic setbacks. This year's budget reflects a $44 million contribution to our pension funds. This figure represents 10.5 percent of our general budget and is an increase of $21.5 million over last year's number. The budget also includes $20 million in group health benefits, representing five percent of our budget and an increase of approximately 1.2 million from last year. Finally, as a result of our existing union contracts, salary increases total approximately $7 million. In spite of these setbacks, I am proud to report that the proposed budget calls for additional millage rate reductions, no increases in fees and no cutbacks in the level of City services. Our enviable position is attributed to a number of factors. First, our strong economic development efforts yielded a $2 billion increase in the City's taxable assessed value, representing an additional $15.3 million in revenues. Second, we tightened our belt by streaming -- streamlining operations through -- among other things -- three percent expense cuts across the board. These cuts generated an additional $16 million to the bottom line. Third, our much improved credit ratings allowed us to recognize significant savings in excess of 3 million per annum through the refinancing of several old bond issues. Fourth, new efficiencies in the areas of risk management, workers' compensation, property insurance and group health benefits, just to name a few, have also contributed savings to our budget. In the area of risk management alone, over $4 million of recurring savings will result from changing property and casualty insurance providers and negotiating better terms for health insurance. Fifth, because of our prior sound fiscal plans and our anticipation of the potential pension fund increases, fiscal 2002 surpluses were designated to fund the portion of the pension payments that resulted from the market downturn. Finally, and by no means last, the new political and economic stability 212 September 11, 2003 resulting from the leadership of this Commission has been a marked contrast to the Miami of the past. Last year, in recognition of the sacrifices borne by the average taxpayer of the City of Miami during our fiscal crisis, we committed to improving the economic well-being of our residents through a sustained goal of reducing the City's millage rate every year for five succeeding years. In keeping with this goal, the proposed budget calls for a reduction of the ad valorem millage rate from 8.85 mills to 8.7625 mills. In addition, the debt service millage rate is reduced from 1.218 mills to 1.08 mills. As such, in this budget year, homeowners in the City will enjoy no increase in general taxes because the proposed millage rate reductions will offset the County's increase in assessed values for homestead properties. Tax reductions must be coupled with medium capital investment that will facilitate and leverage additional private investment. We currently have over $5 billion in private and public development projects underway. We're in the planning process in our City. Many of these developments will require our commitment to increase contributions to our capital improvement programs. The City today has in excess of $100 million of capital improvement projects underway, in the contracting process or in design. By the end of next month, we will all consider our first ever long-term capital improvement plan. Additionally, our focus on capital investment to stimulate economic growth is augmented in the current budget with a renewed focus on planning, economic development and code enforcement. Our goal must be to commit and earmark available capital - related resources available for capital projects. The best economic investment a city can make is in its infrastructure. An expanded infrastructure investment program will most certainly continue to generate expanded economic growth. The proposed budget also continues to exercise the same level of fiscal prudence and discipline that has characterized this Commission. Although reserve funds were used this year to cover additional pension costs, our contribution this year to our reserves exceeds the percentages required by the financial integrity principles ordinance. Our reserves currently continue to exceed $100 million, and as an additional measure of financial discipline, I am encouraging that this Commission pass an amendment to the financial integrity principles ordinance requiring that each submission for appropriation of capital projects be accompanied by an analysis of the five-year impact on general fund expenditures. Unlike the past practice of our predecessors, I believe this type of measure will necessarily force us to consider the future financial implications of our present-day decisions. The other three priorities are requirements for ensuring future growth in our City's tax base. A focus on this fourth priority is a requirement if we wish to create a quality living environment. Great cities all share common characteristics. Chief among those are a quality park system, a modern communications infrastructure, a responsive City administration, clean, safe streets, a suitably designed living environment and an adequate transportation infrastructure. This proposal includes funding for initiatives in each of the aforementioned areas that impact our qualities of life. Parks. Improving the quality of both the amenities and programming within City parks remains one of our highest priorities. Our homeland defense monies provide the much needed funding for capital improvements within our City parks, and approximately -- City parks are now or soon to be the beneficiaries of these funds. Our Parks programming activities enjoyed their greatest success ever this past summer. As a result of the amendments to the financial integrity principles ordinance approved by this Commission last year, Parks Department surpluses were used to establish multiple summer youth programs. Over 12,000 Miami children enjoyed arts, athletic and academic programs throughout our parks. Music concerts and fairs were also held in 12 of our City parks. This budget continues to specifically earmark these funds for the maintenance and creations -- and creation of additional programming 213 September 11, 2003 activities. Our goal continues to be the development of after school year-round programming activities for our children, and we will continue to leverage our funds to obtain additional private and public grants and contributions. In order to continue our goal of developing greater financial sophistication and improve timeliness in our financial reporting, the budget proposal also includes additional appropriations for a number of the priorities outlined in the information technology master plan. These new funding initiatives will significantly enhance the City's administrative efficiencies and controls and enhance our ability to provide better service to our citizens. Improvements in the City's information technology capacity must also be coupled with investments in accountability systems. Residents demand and deserve a City government that provides timely and accurate assistance. In an effort to improve the responsiveness of City staff and create greater accountability throughout our government, we are continuing to develop our City stat complaint tracking system. The creation of this system signifies our collective commitment to elevating the City's level of constituent service. Through this system, we will develop and implement a balanced score card to ensure that the performance of each department and each and every employee is evaluated according to their role in achieving the greater vision for our City. Our Cleanup Miami campaign will continue into this new fiscal year. As you know, improving the cleanliness of our streets is a natural compliment to our new emphasis on capital investment. The proposed Office of Code Enforcement is a reflection of our commitment to ensure compliance with ordinances and to enhance the quality of life and our ability to attract new residents and businesses to our City. This office will work with the Code Enforcement Board, the Nuisance Abatement Board and community groups to continue our campaign to target illegal units, abandoned cars, commercial vehicles, illegal cafeterias, prostitution, illegal dumping, illegal motels, alleyways and illegal vending machines, just to name a few. The budget also includes a number of strategic and efficiency funding initiatives related to a citywide master plan, a Virginia Key master plan and the Watson Island and Buena Vista developments. In addition, funding has been provided for two dedicated positions to assist us in developing and implementing along -- our long-term transit and transportation programs. Finally, the budget also includes an additional $500,000 for our anti -poverty initiative. During this past year, our earned income credit campaign was a huge success, generating tens of millions of additional dollars for our neediest residents. A million dollars in individual development account funds are being used to leverage an additional 2 to $3 million in federal funds. Our micro lending program has generated over a hundred thousand dollars in loans to small businesses. Furthermore, we also use these funds to tackle an issue that is easily overlooked but is a reflection of our citizenry, the digital divide. Working with community agencies, like EQUALITY, who last year serviced over 500 residents in the City of Miami, we will provide technical assistance, ranging from computer refurbishing to basic computer operations. This effort -- led by our Parks Department - - will make technology, and specifically, computer training, accessible to all of our residents, young and old alike. We have come a long way during these past two years. A foundation has been laid and we are moving ahead at an unprecedented pace. Our financial ratings have been substantially improved. We are now an "A" rated city and we are confident about the prospects of an even higher rating. During the past two years, we have received the excellence in reporting award for financial reporting issued by the Government Finance Officers Association. Our investment policy was certified by the Association of Public Treasurers, and we have submitted for certification our debt policy to the Municipal Treasurers Association of the United States. We are aggressively attacking quality of life issues throughout each and every neighborhood. Our economic development efforts are bearing fruits in all of our neighborhoods. Our level of 214 September 11, 2003 services continue to improve and citizen satisfaction is at an all-time high. We have reengineered our spending to reflect our priorities and used -- streamlined management team is managing by objectives to reflect these priorities. A first ever long-term capital investment plan will begin to address and remedy our serious long overdue deferred maintenance needs. Our general fund commitments coupled with our homeland defense and half penny sales tax fund provide us with unprecedented opportunities to address these needs. A thorough review of our compensation, benefits and pension structure is currently underway. A long-term strategic plan is underway and should be completed by March of next year. There's much that remains to be done to assure our City's rightful place among the greatest cities in the world. This proposal provides a direction and the foundation to launch us upon that trajectory. I look forward to counting upon your support and thank you for your time and thoughtful consideration of my recommendations. Thank you very much. (APPLAUSE) Vice Chairman Teele: Mr. Mayor. Mr. Mayor. Chairman Winton: I'm sorry. Yes, Commissioner Teele. Vice Chairman Teele: Mr. Mayor, thank you very much for your budget address and your vision, and I want to not only commend you but to join you. I am particularly encouraged with our parks -- with your focus on parks, and that is primarily because, I think, for so long the City has not had a focus on parks. I'm wondering, particularly in light of the upcoming discussion on special events and special activities, if we could focus on partnership with community organizations in the future. I know that we, for example, had some wonderful activities this summer but they really were sort of done in a vacuum in some ways. In other words, we had community activities going on -- and I'm wondering if we can keep the focus on parks but also try to do mentoring and bring in organizations, et cetera. I think this will do two things: First, it will reduce our cost of planning and staffing, et cetera, to get community-based organizations involved in some of the activities in parks so that we're not doing them sort of as City events but in partnership, and secondly, I'm hopeful that we can encourage more and more community- based organizations to have their activities in parks as opposed to Bayside, or the Bayfront Park, or Orange Bowl and other places, and I'm just wondering, would you see that as a positive step at this point? Is it something that you would consider embracing as a part of our Parks program in the summer next year? I think the Parks program this summer this year was outstanding. I think it was a very good start, but, you know, the biggest events that were held in my district were held, for example, Uncle -- we just commended MMAP (Metro -Miami Action Plan) this morning -- Uncle Al's Peace in Da Hood program, you know. Ten thousand people show up, you know. All of the singers that I've been wanting to see that I'd never get to see were there, rap singers, et cetera, and I just think that if there's some way we can sort of -- as opposed to doing our activities on one track but try to look for positive ways through the NET (Neighborhood Enhancement Team) offices, et cetera, to bring them in, we can leverage our dollars and leverage, you know, with the community activity. Mayor Diaz: I absolutely agree with that, and I think you used the word "start" and I think that just really describes this summer. This was a start. I am a big believer in partnering up with 215 September 11, 2003 community-based organizations and others. You know, for example, the music series could have, and should, and will reach out more to the community organizations. We are planning -- I don't know where we are with it -- but the plan was that this fall we were also supposed to now have a movie series, partnering with Comcast and HBO (Home Box Office), and the goal is absolutely I think where you're going, Commissioner. The goal is to make parks sort of the center of the neighborhood community activity for everything, you know, and that is the goal, so I'm a firm believer and agree with you 100 percent. Vice Chairman Teele: And, thank you, and the final point, Mr. Mayor, is -- you noted that the -- in the next two months or so, we'll be discussing the transportation and the capital program. I expressed at the beginning of this -- the workshop -- that it really would be helpful and -- that in future years the capital program will be taken up in September as a part of the main budget process, and I hope you would or could agree with that, but we are where we are and I think we're doing this the right way right now by taking it up as a separate component, and then taking up, in March, the strategic issues, and I did just want to touch upon two of the strategic issues, and that is this: We're taking a pretty big hit, as you've outlined, in the pension fund issue. That's almost a mill and a half, and yet we're not increasing the millage rate. What is it, about $21 million, and a mill's about seventeen or so million dollars or bill at a third, and so, the management has done -- Chairman Winton: Commissioner Teele, would you -- I think you ought to emphasize that point because I was going to do that. You've hit on it. I think you ought to emphasize that. I mean, that's a big deal. Vice Chairman Teele: Well, the City is obliged under the court orders and the -- it's really not the union agreement but it's a court order going all the way back to -- what's the court case? Commissioner Gonzalez: Gates. Chairman Winton: Gates. Vice Chairman Teele: The Gates case, going all the way back to that in the `80s or so, `70s -- late `70s or early `80s, where we are obliged to pick up any shortfall in the pension based upon the economic factors. The economic factors are what happened on Wall Street two years ago, and because it's based on an averaging, it's really hitting us now this year for an additional $20 million. If the market hadn't fallen two years ago, we wouldn't have to put up that $20 million, so we've got to put up an additional $20 million, 21 million to be exact, which is well over a mill, a mill being about $17 million. Normally, you would expect that that number would go straight to the bottom line, and so the millage rate would have been increased by one full mill. Because of the discipline that is going on now and, candidly, the dynamic growth in the property values, we're picking up about $15 million or so in that, but the great news to the taxpayers is that we're absorbing that and still reducing the amount of the millage, and that's based largely on efficiencies and trimming, and I think that was the point that you -- Chairman Winton: Right. 216 September 11, 2003 Vice Chairman Teele: -- that you -- Chairman Winton: Yes, sir. Vice Chairman Teele: -- you wanted me to make, but the problem is this, Mr. Manager -- Mr. Mayor -- and under our Charter, you have a unique obligation and responsibility, which has rarely been discharged in the past but is being discharged today by giving us a budget message with your vision. In my opinion, the real hard work that only you can do, I think, Mr. Mayor, with the support of the Manager, the law office and the Commission, is that we've got to negotiate a much better deal with Miami -Dade County. Structurally, our budget is always in a penalty when we're providing services of police, fire and other services in, for example, the public housing area, where the County reimburses us 200,000 -- 150,000 for what is clearly somewhere -- based upon the fire study alone -- of 7, $8 million of services, just fire. When we had to do the cost allocation study, that number will speak for itself, and so, the thing that I don't understand is that the County gets to submit to the federal government for reimbursement their expenses, so, in some ways, it is, you know, revenue neutral to the County, I assume, but it's certainly -- the substantial cost of this will be offset by the federal grant process, which comes to the various providers of housing in a grant, you know, so we need to negotiate, for example, with the County on that issue. We have some very serious water and sewer issues that are outstanding, based upon our transfer at that time, and I don't think this is the kind of stuff that can be done in the public. It's really not the stuff that Commissions ought to be doing unless it's the last resort, but, if it is the last resort, I'm sure you'll have a substantial number of Commissioners prepared to support you to take whatever actions are necessary, by any means necessary, to try to get us a better deal. Because if we can get some resolution of those issues, I think we can substantially affect the tax base. Because, right now, what we're doing, we're asking the City taxpayer to pay for what is literally a County service, which is being federally reimbursed but not being reimbursed because we're paying for it, so that's the structural issue, and then on the capital issue, Mr. Mayor, I would hope that you would meet with the Manager and each of us, individually, very soon, because I have advanced in the last budget workshop a very strong view that we should really focus, like on parks, we should focus on neighborhood, streets, and sidewalks, and drainage and curbing for the next two or three years as a part of the countywide transportation dollars, and I would hope that you would give us the benefit of your thinking on that, but again, I, personally, am very encouraged by your budget message and I want to support completely the underlying philosophy that you've outlined, and thank you for an outstanding report, Mr. Mayor. Mayor Diaz: Thank you, and with respect to the County issue, we'll be talking soon, and with respect to the transportation plan, I absolutely intend real soon, after this is over, to start meeting with each of you individually because we do -- we're very fortunate right now to have the kinds of opportunities that we have. I didn't mention it here but we're also getting substantial dollars from the State for drainage. We're also getting substantial dollars for FEMA (Federal Emergency Management Agency), and as Commissioner Winton I've heard say several times, the moons and the stars have aligned themselves at the right place and there are some big opportunities for us right now to make up all this deferred maintenance that the City had not done for a very, very long time, and all of us, collectively, I think, can come up with a great plan, so I look forward to that and look forward to your leadership in that area. Thank you. 217 September 11, 2003 Chairman Winton: Mr. Manager, do you have anything else that you want to present on this? No? Joe Arriola (City Manager): Mr. Chair, I have learned that after the Mayor speaks, that I am better off keeping my mouth shut, so I'm going to take that privilege and just keep my mouth shut. Chairman Winton: Comments from any other Commissioners? Commissioner Gonzalez: Yes. I do have a question. There have been some conversations about reducing the amount of NET offices, and now, looking at the budget, I see that the budget includes 13 NET offices, so are we going to reduce the NET or we going to -- we are. Chairman Winton: Two of the -- Commissioner Gonzalez: So -- Chairman Winton: -- reductions -- two of the three reductions, by the way, are in my district and I'm fine. Commissioner Gonzalez: They're reducing mine. One in my district, too, so -- OK, so if you're going to reduce three NET offices, why are we budgeting for 13 instead of 10? Are we trying to build a cushion in the budget or -- Larry Spring: Larry Spring, Chief of Strategic Planning, Budget and Performance, City of Miami. Commissioner, for the purpose of budget -- for the purpose of presenting the budget, we had to appropriate at the current level. Those structural changes are down the road and won't be able to take place immediately, so, for the purposes of the presentation, we have to include the 13 offices as they exist. Chairman Winton: Mr. Spring, do you have other -- you have anything else you want to add, by the way? Or are you just hereto answer questions? Mr. Spring: I have an additional presentation -- Chairman Winton: Great. Mr. Spring: -- if you'd like to go through it. Chairman Winton: Sure. Mr. Spring: Before I begin, I need to read into the record the official statement. First, this is our first public hearing to discuss the proposed millage rate and tentative budget for the fiscal year 2003/2004. The proposed general operating millage of 8.7625 for the City of Miami for the fiscal year beginning October 1, 2003 and ending September 30, 2004, is 10.35 percent higher 218 September 11, 2003 than the rollback rate of 7.9403. Specific purpose for which the ad valorem revenues are increased are to eliminate any structural deficit and to match recurring annual expenses with recurring annual revenues. The purpose is to fund annual municipal services, including but not limited to, police, fire and solid waste. The total increase in dollars, $15,000,973, 38 -- I'm sorry, $15,973,380. Again, I'd like to welcome everyone to the fiscal year 2002 budget presentation. As the Mayor stated in his address, the City continues to move in the right direction, however, we must continue to be prudent to successfully reach our goal. Before I begin, I would definitely like to thank the Mayor and the Commissioners for their feedback last week during the budget workshop, and I would also like to acknowledge all of the chiefs, the department directors and staff for cooperating and working hard to develop this tentative budget. Next slide. I would like to begin my presentation by acknowledging the fact that we -- that this tentative budget is structurally balanced, as required by the financial integrity ordinance. This goal, although very difficult, was achieved by the efforts and cooperation of all of the administrative staff. Next slide. From our initial review of the budget request, we cut over $7 million from operating expenses. As we continued through the process, we realized that the City still faced a structural issue, primarily related to the large increase in personnel and, obviously, the pension costs that's been discussed earlier. The Manager, at that point -- next slide -- requested an additional three percent reduction, which yielded an additional $9.3 million in saving, thus, getting us to our goal. Next slide. As you know, earlier this fiscal year, the financial integrity ordinance was amended in two areas, which affect the presentation of today's annual budget book. The first of the due date of the multi-year financial plan for the fiscal year - - for this fiscal year was extended to March 2004. As the Mayor alluded to in his budget address, this fiscal plan will be incorporated into the City's -- into the citywide strategic plan. The second change was to extend the due date of the multi-year capital plan to October 2003, next month. Although that plan is being developed as we speak, it, too, will be incorporated into the upcoming citywide strategic plan, and I'm sure you'll be receiving a budget workshop on that as well. Next slide. Next two slides, actually. For the upcoming fiscal year, the administration is recommending a few organizational changes that will help improve service to the citizens and a better oversight for the administration. The first, we're creating a separate division of code enforcement within the NET operation. Next slide. Second, we are renaming our current Chief of Neighborhood Services to the Chief of Operations, and the final slide. The office of FACE (Film, Arts, Culture & Entertainment) will now be reporting directly to the City Manager. Before you on the presentation here, you have the revenue summaries for the general fund for the fiscal year 2002/2003. If I go -- as you notice, the total revenues for this year total $417 million, the components of which are taxes, 181 million; licenses and permits, 9.5 million; intergovernmental revenues, 31.6 million; charges for services, 94.1 million; fines and forfeitures, 4.1 million; miscellaneous revenues, 14.9 million; non -revenues, 38.2 million, and internal service funds, 42.7 million. In total, our revenue base has grown approximately $26 million or 6.7 percent from the amended 2003. That growth is primarily attributable to the $2 billion increase in our tax assessed values. This translated into approximately $15 million increase in real property revenue. The increase in our charges for services -- if you go back to the previous slide -- is a result of rate increases, increases in the marina rates and anticipated increases in the uses of our public facilities, particularly the Orange Bowl and the Expo Center. Vice Chairman Teele: And the what? 219 September 11, 2003 Mr. Spring: The Expo Center, and the other large increase that you probably will notice is the non -revenues category. That increase is due to the fact that the City will need to tap into revenues to the tune of $18 million. In addition, we'll be utilizing operating savings rollovers and CST fund balance to fund our balanced budget for the year. Next slide. Before you, you have a graphical representation of the revenue side of our budget. As you can see, very clearly, that taxes represent 43.5 percent or almost half of the City's revenues, so our economic development efforts are definitely needed. Next slide. As stated earlier, the City realized a large increase in real property tax revenue. The increase in ad valorem taxes represented a 14.45 percent increase from last fiscal year. Next slide. Our operating millage will be reduced to -- from 8.85 to 8.7625, which is a reduction of .07 -- .0875 mills. With that decrease, we still will generate approximately $155 million in property tax revenue. Additionally, our debt service millage is being reduced from 1.218 mills to 1.08 mills. As a result of both reductions, the average homeowners within the City of Miami will not experience any increase in taxes from last year. Next slide. Our solid waste -- and you can go ahead with the next one as well -- our solid waste and our residential fire fees will remain flat for the upcoming budget year. The solid waste fee will remain at 325 per household and the residential fire fee will remain at $61 per household. The solid waste will produce a revenue of 21 -- $20.9 million, and the fire fee, in total, will produce revenue of $13.7 million of revenue, of which four point two are contributed to capital for maintenance and improvement -- maintenance and large capital purchases in the Fire Department. Next slide. Before you, now you have our appropriations summary for the general fund. Again, as stated earlier, we are -- the City's budget is balanced, so the total is $417 million. The components of which are: personnel, 309 million; operating, 52 million; utilities, 8.1 million; insurance, 10.8 million; reserves, 5 million; non-operating, 9.5 million, and capital improvement, 21.2 million. Here it's good to note that the personnel costs have increased approximately $30 million from the amended 2003 budget. Those -- that increase is attributed to our increases in salaries, our increase in our pension contribution from year to year, and our increase in health care costs. On the operating side, which is our other increase of some magnitude, which totaled about five -- approximately $5 million, we have increases in our IT (Information Technology) maintenance contracts for mainframe, increases attributed to our upcoming election, workmen's comp administration contract and our medical exams and citywide security guard services contracts. Next slide. Again, you have a graphical representation of our appropriations summary. Here I would definitely suggest that you note that our personnel costs amount to 74.3 percent of the City's budget. This number should take some looking into. Next slide, please. Capital. Over the past two years, the City has made significant investment back into the City's infrastructure. During this period, we've spent approximately $15.7 million in streets, sidewalk and sewer related projects. Next slide. We've also, during this time period, spent approximately $13.8 million in park related projects. Next slide. Where are we going? In the last weekend, some of the legislation that was passed today, we've appropriated an additional $5 million in streets and infrastructure related projects. In the upcoming fiscal year -- next slide -- we expect to appropriate approximately an additional $70 million in infrastructure and park related projects. For the current fiscal year, we're recommending that the contribution of capital to amount to $20,860,520. That contribution include $2.3 million in strategic initiatives; 3.8 million in ITD (Information Technology Department) infrastructure projects, which will continue our commitment to investment in infrastructure and eGovernment solutions that will improve services being provided to the citizens. Additionally, we have a -- we're recommending a contribution of $0.6 million. This 220 September 11, 2003 contribution will be directly related to the maintenance of the parks that we've already expended a lot of dollars from our bond portfolio. Next slide. Additional 1.2 million in maintaining and improving City -owned facilities. As previously stated, we continue to make an investment into the City's infrastructure. Example here is our streets and sidewalks appropriation of $9.9 million. These amount to the City contributing back into the capital our storm water utility dollars and local option gas tax dollars. Last slide, and finally, our $3 million in fleet replacement. Before you I've just on a budget review, high level budget review and open up for discussions or questions at this time. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: Before we have any discussion, I would recommend that we have a public hearing and allow the public that may be here -- Chairman Winton: Great. Vice Chairman Teele: -- to be heard. Chairman Winton: This is a public hearing and we will open up the hearing to the public at this time. Anyone who would like to speak on the budget, would y'all please come forward to both microphones? Madam Clerk, I'd like to invoke the two -minute rule, giving each person two minutes to make their comments about the budget, but, please, any of you who are going to comment, please stand up now. Don't stay seated. Come to one of the podiums. Line up at both of them and I'll just hit you one at a time. Yes, sir. Albio Castillo: My name is Albio Castillo. I live in 2386 Southwest 5th Street. I have a lot of issues that I'd like to ask the Commissioners and the administration. For the first time, I would like to thank the administration from top to bottom. Said that, I'd like to start my issues. Number one, I have a problem with the Fire Department and my fees, because there's a fire station that needs to be done, needs to be replaced or get done, which is Fire Station Number 10. We also need a fire station in Shenandoah and Wynwood area. There's also the problem is that I propose a Code Enforcement thing. It's actually been two years since we streamlined Code Enforcement to start at $10,150 to start collecting, eliminating the 250 and the $500 (INAUDIBLE). That was streamlined. Code Enforcement. I'd also like to say that, for the first time, the Police Department is doing an excellent job, but I propose this two years, for the police dogs that need like a roll call of police dogs, and I'd also like to know is, the City's having a motor pool that is workable, and what are you going to do to replace the police that are going to be retirement and fired? Chairman Winton: Thank you. Mr. Castillo: And I'd like to know, also, before I forget, what about the garbage trucks that are having slight problems? 221 September 11, 2003 Chairman Winton: Thank you. Mr. Castillo: Thank you. Any questions from the administration? Chairman Winton: Next, sir. Robert McNicoll: Hi. My name is Robert McNicoll. I've owned a house at 1505 Southwest 15th Street for 30 years. Vice Chairman Teele: Sir, just a -- Chairman Winton: Hold on. Yes. Vice Chairman Teele: We need to make sure that somebody is prepared to try to answer each of these questions. Mr. Spring, I hope somebody on your staff is taking -- the guy spoke -- the gentleman spoke very fast. Mr. Castillo: Well, it's only two minutes. They gave me two minutes. What you want me to do? Vice Chairman Teele: I don't want to be in a position where the staff is expecting us to answer these questions. Chairman Winton: Right. Mr. Castillo: Yes. I only have two minutes so I have to speak fast. Vice Chairman Teele: No, no, no. Mr. Spring: Larry Spring, Chief of Strategic Planning and Budget -- Vice Chairman Teele: After the budget hearing closes, all that I'm saying is that I would hope -- Mr. Spring: I have someone here taking -- Vice Chairman Teele: -- that the staff will answer all the questions and the Commission is not, you know -- Mr. Spring: Absolutely, sir. Vice Chairman Teele: -- put in a position -- Mr. Spring: I have someone here -- Vice Chairman Teele: -- where we're supposed to answer the questions. 222 September 11, 2003 Mr. Spring: -- taking notes, so we'll address the -- and staff in the back listening as well. Mr. Castillo: Since I'm up here, I'd like to also say, what about the $13 million in Code Enforcement and half of the time it's not collected? Thank you. Chairman Winton: Yes, sir. Commissioner Sanchez: There's more than that. Chairman Winton: Sorry. Mr. McNicoll: Hi. I'm Robert McNicoll. I've owned a house at 1505 Southwest 15th Street for 30 years, paid over $80,000 in property taxes so I think I own part of this here. I'm here to request that the property tax be not increased 10.35 percent. I don't see any reason for it. The budget numbers do not add up. If the budget for last year was 165 million and this year it's 181, the difference is well pointed out. It's $15,900,000. As Commissioner Sanchez mentioned, there's $1.3 billion in new building permits alone. Does that include the new building permits in this $17 billion in present property values that are being taxed at 8.85? I don't think so. Does it include, for example, the Ashton Condominium on Coral Way that has 250 units at 200,000 to $300,000? That's $50 million in new property tax value, which equals, at 8.85, is $400,000 new each year. As you mentioned, you had an increase of 14.45 percent just in the value of properties that exist here in Dade County going up. How many resells -- when somebody sales their (INAUDIBLE) condominium across the street there that they brought for 500 and is protected under homestead exemption and the three percent rule and they sell it for 800,000, you just got $300,000 more in property value. Nobody sees that. Doesn't that cover the 15 million? Just the $1.3 billion in building permits that'll be built over the next year, they're not taxed now but when they are completed they will be. Those alone provide $10 million in new funding. That's 10 million of the 15,973,000 that you're talking about the budget needs. My question is, has anybody really done a balance sheet to show -- here are the new properties. The biggest building south of Washington, D.C. is -- I can see it everyday now -- is this Four Seasons. It's beautiful. Seventy stories. How many million dollars is that? A hundred million? If it's a hundred million and the millage is what you say it is, there's another -- what is that -- $800,000, OK, in new property taxes. Just one building. Now I'm a commercial real estate broker so I know this business just like Commissioner -- Chairman Winton says that this is the land boom of all the land booms ever here in Dade County. I was born in Jackson Memorial Hospital 60 years ago. I've seen it since then. This is absolutely the biggest boom in the world. Chairman Winton: Your two minutes are up. Mr. McNicoll: Has anybody considered that in the budget? I'd like to see the numbers on both sides. Thank you. Commissioner Sanchez: Sir, what was your name, sir? Mr. McNicoll: My name is McNicoll. 223 September 11, 2003 Commissioner Sanchez: McNicoll. Mr. McNicoll: Yeah. I'm in your district by the way. Commissioner Sanchez: Last meeting I asked that question. Where's the Director? Vice Chairman Teele: Mr. Budget Director. Commissioner Sanchez: Budget Director, I asked that question, and that's a very intelligent question. You're talking about all the revenues that are coming in projected on all these projects based on $1.6 million in permits that have been pulled, and based on the numbers straight out of the Mayor's budget address, of 13 -- $15.3 million in revenue. Why haven't we been able to project exactly what those revenues are coming in, you know? Well, I understand that some projects takes years before they fall into the -- Chairman Winton: Yeah. Commissioner Sanchez: -- the revenue, but I mean -- Chairman Winton: Because they're not all going to come on the tax roll. Commissioner Sanchez: Not all of them, but we have, as we speak and based on the boom that's going on, we should have projects at least one or two a month that are coming into our tax roll. Chairman Winton: But this budget is based on the County's estimate of the tax revenue we're going to generate, and that tax revenue is generated by those properties that come on the tax roll, so anything that's in the pipeline that isn't going to get on the tax roll can't be counted. We can't use it for our budget. Now, it'll be on next year. I mean, a whole bunch of these, including the Four Seasons will be on next year, but those aren't on this year so we can't use that revenue. I mean that's essentially what's going on here. Commissioner Sanchez: But, Johnny, my question, and I believe, the gentleman's question is, is it the $15.3 million ballpark figure of what's coming into the City revenue new projects in the City? Based on the fifteen -- twelve -- Mr. Spring: No. That's not -- that is not all -- Commissioner Sanchez: See, nobody's been able to answer that question. No one's been able to answer that question for me, which is exactly the question the gentleman just asked today. Vice Chairman Teele: Well, let -- why don't you answer it? What is the fifteen three based on? Mr. Spring: The fifteen three is based on assessment increases as well as new projects. If you want to give me a minute, I can get the actual certification from the property appraiser's office and give you the breakdown from new construction and the increase. 224 September 11, 2003 Commissioner Sanchez: Well, I think we owe it to the gentleman -- Mr. Spring: Absolutely. Commissioner Sanchez: -- and myself. Vice Chairman Teele: But to the point that the gentleman and the -- and my colleague have raised, I think it's really important to note that we have a system that has a tax day, and that tax day is January 1, so you don't have projects coming on the tax roll during the year. In other words, if a project is completed in February, it doesn't show up on the tax rolls until tax day the next year, and what it really winds up being is almost a two-year lag as opposed to a one-year -- Commissioner Sanchez: Yeah and I understand that. I just want to know what we have been able to bring in after that tax date. Chairman Winton: But by the way, if you -- you know, that's on the increase side. What y'all forget to look at is what's on the expense side, and in three line items alone there's $30 million. That's the $21.5 million for -- in addition to what we normally pay -- for its pension that we're obligated to do, a million two on group health insurance, and 7 million on salary increases, so there's three line items alone that's $30 million -- Commissioner Sanchez: That's expenditures. Chairman Winton: Yeah. Commissioner Sanchez: That's money -- that's irrelevant. Chairman Winton: But that's what it explains why -- how this $15 million gets -- Commissioner Sanchez: No. Chairman Winton: -- gobbled up quickly. Vice Chairman Teele: Mr. Chairman, but to the point that Commissioner Sanchez raised, which I think is a very important point, and that is, we need to differentiate between new -- Chairman Winton: Right. Vice Chairman Teele: -- construction because we keep -- Chairman Winton: Agreed. Vice Chairman Teele: -- referring to this and restate it -- Chairman Winton: Right. 225 September 11, 2003 Vice Chairman Teele: -- or adjustment, and I can tell you, for example, in the CRA (Community Redevelopment Agency), we had three years of tremendous growth, a hundred and some percent at one point, but all of it was restated values. Because what had happened is, is that somebody had allowed the tax base to just literally be -- you know, we had property on the rolls for $15,000 that was worth $3 million and things like that, so when you really go out there and do that -- but I think the point is, is that that's going to catch up with you, and after a while, that's going to be zero, and so then you really are relying upon -- and that's what I think Commissioner Sanchez is saying, which I want to associate myself with, and I really think that the Economic Development Department, Mr. Manager, along with the Planning Department, ought to make up some kind of strategic components so that we can go back and track it and have some projections. Because we don't know -- based upon the building permits that are pulled and all that, we ought to set up a model so we know where we're coming from because we don't know if the County -- Chairman Winton: Right. Vice Chairman Teele: -- is aggressive or not aggressive, so I think it's -- Chairman Winton: Great point. Vice Chairman Teele: -- a very good point the gentleman made. Chairman Winton: Yes, sir. OK. I'm sorry. Who was up? You're next, sir. Ernie Martinez: How are you doing, ladies and gentlemen of the Commission? My name is Ernie Martinez and I'm just a simple citizen here. I live at 1152 Southwest 10th Street. Have resided there since 1960, and I heard NET being increased three more offices, et cetera, et cetera, and what I want to let you Commissioners know is that I made a complaint on July 2 of 2002 about illegal units, illegal uses, broken sidewalks, et cetera, et cetera, and to this date, nothing has been resolved and that's all I got to say, you know. I -- Vice Chairman Teele: What's the address? Mr. Martinez: My address is 1152 Southwest 10th Street. Chairman Winton: Mr. Manager, would you make sure -- Unidentified Speaker: I'm trying to keep this simple. Chairman Winton: -- you have someone meet with this gentleman right now so we can -- Commissioner Sanchez: We are aware of his complaints and we're working on it. Chairman Winton: Oh, OK. 226 September 11, 2003 Commissioner Sanchez: In our -- in my office. We -- I'm -- as a matter of fact, I met the gentleman not at the City, at an event we were at and that was about maybe, what, two, three weeks ago? Mr. Martinez: Yeah, and I know that I was -- Mr. Joe Sanchez -- Commissioner Sanchez: I'm working on it. Mr. Martinez: --said he was working on it but I just --since I've worked down at the -- Commissioner Sanchez: But he's frustrated. Chairman Winton: Well, you've got -- Commissioner Sanchez: He's very frustrated. Chairman Winton: You've got extra emphasis going now, so -- Mr. Martinez: All I'm trying to say is that I have been through a lot -- I'm not going to mention names -- Chairman Winton: Right. Mr. Martinez: -- but I've been everywhere, and to this date, a year and a half ago, it has not been resolved. Chairman Winton: But, Mr. Manager -- he's got a lot of new people. You should have someone meet with him now -- Commissioner Sanchez: Yeah. Chairman Winton: -- and walk through some of this, OK? Mr. Martinez: I'll show you pictures. Chairman Winton: No. Thank you. Mr. Martinez: I did NET'S investigation. Chairman Winton: We don't need them. Just meet with him right now. Commissioner Sanchez: No, listen. Get with someone from the City Manager's office. Chairman Winton: Thank -- yes, sir. Jerome Wright: OK. My name is Jerome Wright, and this is the first time -- 227 September 11, 2003 Chairman Winton: Address, please. Mr. Wright: -- I've ever been in front of y'all. Chairman Winton: Address, please. Mr. Wright: OK. Address, 3295 Williams Avenue. I'm part of Homeowners and Tenants Association. My problem is the NET office. The NET office and the police. They say they've taken them away. The NET office on Douglas Road and Grand Avenue is all right. People go in there, do what they have to do and that's it, but if you take it away we won't have nothing. Chairman Winton: We don't have an answer on that just yet, so it ain't gone. Mr. Wright: Yeah, but the rumors are going. Chairman Winton: Well, I understand, but I'm just giving you an answer right now. Mr. Wright: All right. Chairman Winton: Thank you. Mr. Wright: OK. Chairman Winton: Yes, ma'am. Ozie Williams: My name is Ozie Williams, and I live at 3021 New York Street. Chairman Winton: Could you come closer to the microphone, please? Thank you. Ms. Williams: I live at 3021 New York Street, and I've been living there since '65, and each year my tax go up and up, and pretty soon, I won't be able to pay my tax. Chairman Winton: You own your own home? Ms. Williams: Yes, since '65. Chairman Winton: Well, your taxes, by Florida Constitution, can only go up by three percent or consumer price index amount, whichever is less, so that's the maximum your taxes can go up each year, except for the County portion, which -- Vice Chairman Teele: That's -- the law is on assessment. Unidentified Speaker: Two point four. Vice Chairman Teele: It's not on taxes. It's on assessment. 228 September 11, 2003 Commissioner Regalado: Assessment. Vice Chairman Teele: And her taxes can go up more than that if the County is adding something Chairman Winton: If the County, typically -- Vice Chairman Teele: -- special fees, etcetera. Chairman Winton: -- not the City, which is the point I was about to make. Vice Chairman Teele: No, we're not raising taxes. Chairman Winton: Right. Ms. Williams: If they're adding something like what? Vice Chairman Teele: What did she say? Chairman Winton: If the County is adding something like what? Vice Chairman Teele: I don't -- Alejandro Vilarello (City Attorney): Mr. Chairman. Commissioner Regalado: The value of the property. They have increased the value of the property. Mr. Vilarello: Mr. Chairman. Chairman Winton: Yes, sir. Mr. Vilarello: Commissioner Teele is correct. The assessment is limited in how much it can increase. To the extent that the millage rate or other fees increase, certainly, those can cause the taxes to increase more than -- Chairman Winton: More than -- Mr. Vilarello: -- three percent -- Chairman Winton: Right. Mr. Vilarello: -- in a particular year. Chairman Winton: Thank you. 229 September 11, 2003 Vice Chairman Teele: But why don't we get the lady to bring -- to give us your taxes for the last two years, your notice, and then we can look at it and maybe help. Ms. Williams: OK. Chairman Winton: Thank you. Ms. Williams: Who do I see? Chairman Winton: Jason. One more. OK. Thank you. Mariano. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I don't come here to complain about my taxes or property. I'm going to complain about my fees. First let me talk about you -- about what your -- first I complain about what you do with my taxes. I'd like to see more of that money going for parks program, not just be rhetoric about the parks program and the increase and the funding, all that blah, blah, blah, blah. Because that been like that for many, many years. I've been coming here since 1976 lobbying for the parks, and now I'm seeing a lot of people going for the parks. Now, about the fees. I consider the fees to be regressive, and discriminatory. First, I mean, I pay -- Chairman Winton: Don't forget, Mariano, you have two minutes. Mr. Cruz: -- 325 and 61, 386. Everybody pays that. Every household, even the million dollar mansion in Coconut Grove pay that, which is regressive. Because you go to my neighborhood, a person -- a family making $20,000 a year -- minimum wage is $20,000 -- and to pay about two percent of that income in fees. Two percent of twenty thousand is $400, and if a guy that make a million dollars, what is that? Nothing. Not even point zero one percent whatever he have to pay, which is sort of regressive, the fee. Now, the City, according to what the Mayor say, we are over a hundred million in reserves. Why do we have to keep the fire fee? Put the fee for the parks. They got a funding for the parks. Already I think the firemen got all kinds of Tahoes, all kinds of toys and all kind of things there, you know. Because that was done when the Oversight Board was here on the fiscal crisis of (INAUDIBLE). When are we going to sunset that fee, which is regressive and discriminatory? It doesn't have in mind what the person makes. It's the same thing for every household. That's wrong to me, and next budget hearing, I continue. Thank you. Chairman Winton: Thank you. Yes, sir. Mr. Cutler. Charles Cutler: Charles Cutler, 706 Northwest 4th Avenue. I'm a property owner in Overtown area. I was looking at the information that the gentleman presented in terms of the budget for the City of Miami and I see that there is growth, but I think that the Commission should seriously take into consideration, in terms of the contracts that we appropriate, we have a serious problem with unemployment within the inner city, and Miami still remains one of the poorest areas of its size within this country, and I think that, with the type of activity that's being generated, with the contract program that the City of Miami have, I think that it should be some type of effort made similar to what Dade County has made, in terms of earmarking specific jobs for people that's 230 September 11, 2003 within the inner city because we have a serious problem with unemployment, and I think that we --even if we have to go to the jobs for the citizens --because we have voters in this country. We have people that's been paying taxes in this country from generations. Even ancestors from slavery, our people have been paying taxes in this country for over 400 years, but yet and still, we still remain being slighted in terms of us getting the benefit of the tax dollars that's being spent within our community, and in terms of the actual economic development, economic development do not take place unless it put clothes on your back and food on your table, and you're able to do things for your family, so, in terms of just coming into the community turning economic development over to corporate America to allow them to come in and put forth their agenda, which put no food on the tables of people within the inner city, no shoes on their feet and no clothes on their back, gentlemen, I'm sorry to say but, in my book, that is not economic development. That is exploitation. Thank you. Chairman Winton: Yes, ma'am. Karen Reuss -Artois: My name is Karen Artois. I live at 2351 South Douglas Road in a condominium called Gables East, which borders the westerly location of the City of Miami. Across the street, I look over beautiful Coral Gables, a green city, and I'm here to state, as a taxpayer and a basic person living in a 108 -unit condominium, that I'm very unhappy revising the budget and sitting here and listen to some of the plans. You have wonderful plans to do and put into place, but unfortunately, the trickle down effect to somebody like me and many others, pretty close to 108 people in my building, amounts to an increase of 16 percent for the new proposed budget. Our taxes went up similar 15 to 16 percent last year due to the fact that the majority in our building are non -homestead exempt citizens. In other words, it's our secondary residence. We live in another county, or we live somewhere else and because of our jobs and stuff we can't afford to drive 250 miles or something similar like this. We live in the City of Miami. We pay our taxes. We're more than happy to pay, but just to draw you a picture of what I'm talking here is: Imagine a 1,100 square foot condominium. The taxes, originally when we purchased the building, were projected at $2,800. For this year, 2002, which is going to come due in just a month, we pay a total of four thousand -- what is it -- $4,928 for 1,100 square feet. It is not a luxury condo. I'm not on the water. I can't even see the water from anywhere. I'm two blocks south of Miracle Mile, smack on 37th Avenue with a lot of traffic, but we're happy with that, so we're a medium/average condominium. With your new proposed budget, our taxes will increase from $4,928 to $5,731, and that -- I just want to bring to your attention that the majority of our people who live in our building are very upset about. Commissioner Regalado: And why is that? Chairman Winton: I don't understand the logic. I don't get it, so would you get your -- Ms. Reuss -Artois: I have -- Chairman Winton: -- trim notice from a number of your residents? Ms. Reuss -Artois: I have my trim notice. I pulled -- 231 September 11, 2003 Chairman Winton: Perfect. Ms. Reuss -Artois: -- out six units equally to mine -- Chairman Winton: I understand but would you give them to the Manager's office because we want to do some analysis on those and understand what that's all about. Because it -- I'm going to suspect that this is, again, more County stuff where -- but I don't know the answer to that. Ms. Reuss -Artois: I could basically tell you where it's at because it's obvious. You can see it. There's some new stuff on the board and, you know, unfortunately, as citizens, we can't -- Commissioner Regalado: Would you tell us, ma'am? Could you tell us your views of why the increase -- Ms. Reuss -Artois: Yes. Chairman Winton: Yeah. What's the line item? Ms. Reuss -Artois: I'm by trade a real estate appraiser so I do look at taxes frequently, you know. Commissioner Sanchez: Johnny, let me tell you if I -- Ms. Reuss -Artois: Yes, sir. Commissioner Sanchez: Could I interrupt you, ma'am? Let me -- a lot of people don't realize that -- what was it, the Children's Initiative that was passed -- Chairman Winton: The who? Commissioner Sanchez: The Children's Initiative, something for the children, the County -- Commissioner Regalado: It's about -- Commissioner Sanchez: Children's Initiative -- Commissioner Regalado: -- $40 -- Commissioner Sanchez: Let -- Commissioner Regalado: -- for every $100,000. Commissioner Sanchez: No, it's $50 for every $100,000. That was done through a referendum. Commissioner Regalado: Right. 232 September 11, 2003 Commissioner Sanchez: People voted for it and now they're calling and saying, "Hey, you know, I have a hundred extra dollars that I have to pay." Well, it was through a referendum that the taxpayers approved, and it's $50 for each $100,000 your property is valued at, so if your property is valued at $400,000, you're paying $200 right off the bat right there on your taxes, so you're going to see an increase. Chairman Winton: Is that a County issue? Commissioner Sanchez: That was a -- Commissioner Regalado: That's a County -- he's right. It's a countywide -- Chairman Winton: Referendum. Commissioner Regalado: It's Penelas' Initiative, and the people voted for it. There's also the South Florida Water Management increase, which is about -- Chairman Winton: You've been recognized. Commissioner Sanchez: People don't want to -- Commissioner Regalado: -- $30 more, which is a tri -county, as you know, it's a multi -county because actually it's coming down from Palm Beach. Ms. Reuss -Artois: Mr. Commissioner, I can clear this up for you in just about two sentences. The Children's Fund, which was voted in, is stated on my tax receipt for $104. Commissioner Sanchez: $104. Ms. Reuss -Artois: Yes, sir. Chairman Winton: OK. Ms. Reuss -Artois: And the Water Management fund is only increased a little, from $113 to $124, very marginal. Chairman Winton: Well, what else was increased? Commissioner Sanchez: But it's that hundred -- Ms. Reuss -Artois: The big increase is the -- big increase is the City of Miami increase comes from 19 -- $1,908 to 1,718, so that's roughly $200, you know, if I round it up. Then the big increase is voted by the School Board is another -- from $1,095 to $1,200, with an initial extra $554. Chairman Winton: So it sounds like you're in front of the wrong body. 233 September 11, 2003 Ms. Reuss -Artois: Well, this is what -- Chairman Winton: We're not the School Board. Ms. Reuss -Artois: I still want to bring it out. I think, still the City of Miami Commission should be aware of that what's going on. Chairman Winton: Well, actually -- Vice Chairman Teele: It also sounds like you've had a nice good valuation increase -- Chairman Winton: Yeah. Vice Chairman Teele: -- in your property. Chairman Winton: I would. Ms. Reuss -Artois: So what -- Vice Chairman Teele: In other words -- Commissioner Sanchez: What did -- yeah. What did your property value increase? Vice Chairman Teele: What was your property value last year? Commissioner Regalado: She's not a homeowner. Ms. Reuss -Artois: Two hundred -- yes, I'm a homeowner. Commissioner Sanchez: Yes, she is. Commissioner Regalado: Oh. Ms. Reuss -Artois: Condominium owner. Chairman Winton: But she's not exempted. Ms. Reuss -Artois: It's valued at $208. Vice Chairman Teele: She's not exempt. Chairman Winton: Yeah. Vice Chairman Teele: So -- 234 September 11, 2003 Commissioner Sanchez: How much was it last year? Ms. Reuss -Artois: One hundred and eighty dollars -- $180,000. Last year, we had also a 15 percent increase. This is the third increase. Initially, when we purchased the condo, we all took a 30 percent hike. We already figured, you know, from the building -- Vice Chairman Teele: You said 180, and now it's how much now? Ms. Reuss -Artois: Now it increase 16 percent more -- Commissioner Sanchez: Ma'am, that's good news. Chairman Winton: What -- Ms. Reuss -Artois: -- from 4,900, with the proposed budget change. Vice Chairman Teele: No, no. Your evaluation -- Chairman Winton: Assessed value. Vice Chairman Teele: -- last -- assessed value -- Chairman Winton: Went from what to what? Ms. Reuss -Artois: Is based on $208,000 property value. Vice Chairman Teele: So it went from one -eighty to two hundred and some? Ms. Reuss -Artois: Yes, sir. Vice Chairman Teele: So you had a 20, $30,000 -- a $25,000 increase in value. Ms. Reuss -Artois: Yes, sir. Vice Chairman Teele: See, that's -- Chairman Winton: Which is a -- Commissioner Sanchez: (INAUDIBLE COMMENTS) Chairman Winton: Right. Vice Chairman Teele: Yeah. Chairman Winton: So -- 235 September 11, 2003 Ms. Reuss -Artois: And of course, the forecasting is, you know, at our condominium meetings, we all asked ourselves, where is it going to stop? Are we going to have to project an extra increase of 16 percent from now until eternity? You know, it's -- Chairman Winton: I don't disagree. Ms. Reuss -Artois: It's pretty rough on the average -- Chairman Winton: I don't think anybody has -- Ms. Reuss -Artois: I know you don't have the answer. Chairman Winton: -- the answer to that question. Ms. Reuss -Artois: Yes. Chairman Winton: It just depends on how the real estate market goes. If values keep driving up, that's precisely what's going to happen. Ms. Reuss -Artois: But I just wanted you to be aware of it. Chairman Winton: Thank you. Ms. Reuss -Artois: I'm not very happy because your budgeting and your mortgage payment everything is out of kilter every time you turn around. Chairman Winton: Thank you. Ms. Reuss -Artois: Thank you. Mr. Castillo: Can I have just a minute? It won't be that long. Chairman Winton: No, not a minute. Thirty seconds -- Mr. Castillo: Oh, that will be not bad. Chairman Winton: -- because you had two. Mr. Castillo: My name is Albio Castillo. I live in 2386 Southwest 5th Street. I had my time, but the Chairman gave me a couple of minutes. I'd like to know what is the City going to do about parking that they're not properly paved, they're not properly marked? And people give $18 per (INAUDIBLE) in the parking surcharge. I'd also like to know -- and don't forget about the fire fee from the County that last year we had a slight increase in our fire fee from the County. Thank you, sir. Chairman Winton: You're welcome. Yes, ma'am. 236 September 11, 2003 Nilda De Boyrie: Yes. My name is Nilda De Boyrie. I live at 2 Southwest 24th Road, which is in the corner of South Miami Avenue and 24th Road. It's along the same lines as the tax issue. Our assessed value went up 26 percent and I'm not sure if I understand the graphs that the City of Miami had, but I understood that they were projecting assessed values going up at 14 percent, so to start off, that kind of went off, but we do have -- Chairman Winton: No. Those are two different things. Ms. De Boyrie: We do have homestead exemption for the year 2003, yet, they increased our property value close to $200,000, so I'm not sure what that means and it does increase our taxes by almost $3,000, and it isn't the Water Management. It isn't the Children's fund. Those are minimal. Again, it is public schools, as you said, and half of it is public schools, but -- Chairman Winton: And County, I would suspect, also, yes? Ms. De Boyrie: Yeah. Well, I'd have to go do the math up and down, but one of the things I'm concerned about is, one, as the person who spoke before me said, in a ten-year period, if this continues, I'm going to end up -- you know, we're going to pay 50, $60,000 worth of taxes, and right now, if this budget is approved, our tax goes up from 13,497 to 16,455. Chairman Winton: But you can't lose sight of the fact that the biggest increase that I've seen on most of the bills so far this year has been -- last year, it was the County line item. That's not us. This year it's School Board. That's not us. Y'all need to be going down to the School Board and complaining about their budget process, and the City's increase has been virtually nothing, so -- Ms. De Boyrie: And the assessed value issue that is -- Chairman Winton: Except on non -homestead exempted, which, if the values go up, they're going to rise, so -- I'm sorry. Go ahead. Ms. De Boyrie: But when you have homestead, it shouldn't be up more than three percent, right? Chairman Winton: Unless they increase the millage rate. We have not increased the millage rate. Ms. De Boyrie: Which you haven't, right? Chairman Winton: We've, in fact, lowered the millage rate for the last three years or two? How many? Two or three? For the last two or three years, we've lowered the millage rate in the City of Miami. Ms. De Boyrie: Yeah, and while I understand that that we're limited to the three percent, most of these buildings are going to go up on Brickell and around us, which are causing horrendous 237 September 11, 2003 traffic problems for the people who live on South Miami Avenue. A lot of your buyers are going to be foreigners and, eventually, they won't be able to -- or they won't want to pay the taxes that the City is going to be assessing them with. Chairman Winton: Well they won't buy then. Ms. De Boyrie: Then we'll have a lot of empty buildings. Thank you. Chairman Winton: Thank you. Mr. Pidermann. Ed Pidermann: Ed Pidermann, representing the Miami Association of Firefighters. I basically had a question for the Budget director. In the presentation, there was a reference to the three percent cuts that after you had gone through the entire budget process, it still wasn't structurally balanced, that you had to come back and ask departments for three percent cuts. Historically, the budget is based on very conservative estimates, both revenue and expenditure, and traditionally, many times the revenues that are realized exceed the projected revenues in the budget. I'm just, I guess, asking a policy question as to as revenues are realized and they do exceed projected revenues, what is the plan for those additional revenues? To embark on new projects or to try and restore those three percent cuts? Because, in the Fire Department, those three percent cuts represented $1.7 million that, in essence, now does not allow the Fire Department to hire 23 firefighters that will -- positions that will be vacant throughout the year. They won't all be vacant in the first of October, but they'll become vacant throughout the year, and is the policy going to be to -- at maybe on a quarterly basis or a monthly basis, to restore those three percent cuts as realized revenues exceed projections? Mr. Spring: Larry Spring, Chief of Strategic Planning, Budget and Performance, City of Miami. The answer -- the, I guess, the short answer to your question is, I think our first initiative will be to replenish the reserve that we're tapping into, and then -- which is going to be approximately $18 million, that'll be our first -- I think, the first priority of the City is to replenish what we're taking from the reserves. I guess, as we go through the year, myself and the Manager will continue to look at the operations and see if we can restore, you know, in that case, and I know in Fire they were very cooperative as far as positions or operations, but everyone, you know, as you know, has made the commitment to continue the level of service, so we will be assessing it as we go. Mr. Pidermann: Because, obviously, that represents that we won't have an optimal level of service. Can they continue to have -- when the bell rings, fire trucks are still going to roll, but is it the optimal level of service? It won't be, and I'm just trying to figure out the reserves that are being tapped into, are those true reserves or are those surpluses -- projected surpluses at the end of this year that just won't be put into reserves and they'll just be rolled over -- Mr. Spring: No. Mr. Pidermann: -- into next year? 238 September 11, 2003 Mr. Spring: The figure that I'm discussing is true reserves. The $18 million is true reserves. It has -- Mr. Pidermann: There's no projected surplus for this fiscal year? Mr. Spring: There is -- in addition, yes, there is, but the number that I'm -- we're talking about is true reserves. It does not include any amount that would go into reserves from rollovers. We're going into the reserve, so -- Mr. Pidermann: So you're going to replenish that before you restore those three percent cuts. Mr. Spring: I would say that's probably the most responsible thing for the City -- for the administration to do at this point, but, again, it'll be taken under advisement and monitored throughout the year. Because I know your -- the Fire Department were very cooperative and, you know, we'd like to see them, you know, contractually, I guess, get back to their optimum levels, so -- Mr. Pidermann: And the reserves are still in excess of $100 million? Mr. Spring: Right now, yes, but realize, by financial integrity ordinance, we have to retain over almost $80 million in reserves all -- you know, at all times, so -- Mr. Pidermann: So you'd still be $20 million over what the financial integrity principles call for? Mr. Spring: Yes, but as we continue -- Mr. Pidermann: Thank you. Mr. Arriola: I just want to say that -- because of the statement he made -- I have a letter on file from the Chief of Fire Department saying that our service levels will not, will not change due to this budget cut. Chairman Winton: OK. Thank you. Anyone else from the public like to comment on the budget? Vice Chairman Teele: Close. Close. Chairman Winton: We'll close the public hearing. Commissioners, who would like to go first? Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: I don't know want to go first. I want to just correct one thing on the record. Mr. Pidermann, and Mr. Spring, with all due respect to Mr. Spring's answer to you. 239 September 11, 2003 Mr. Pidermann: Yes, sir. Vice Chairman Teele: Once we approve a budget, that is the budget. There is no more of this -- Commissioner Sanchez: Wishy-washy. Vice Chairman Teele: -- Manager going back in and taking money out or adding money to it. In other words, there's no such thing as a -- as restoring money. The budget that we approve is a final budget, so any restoring you need to get done, you need to get that done between now and the second budget hearing. Because once we approve a budget, the Budget Director and the Manager don't have the authority or the right to start moving money around, I mean, without it becoming a part of a budget process, so I don't want anybody to be of the opinion that they can come put pressure on the Manager or the Budget Director to try to get dollars restored because that flexibility has been taken away. Mr. Pidermann: No, I understand. I just -- that if revenues that are realized end up being $20 million more than what they had budgeted, are those $20 million going to be reflected in a surplus at the end of the year? I doubt that they'll -- Vice Chairman Teele: Well, they would -- Mr. Pidermann: -- have been -- Vice Chairman Teele: No, no, no, no. They would have to be reflected as a surplus or they would have to be reflected in some category, depending upon how they are collected. It may just be in the fund that collects it and it would be in as a year-end rollover amount or something. Chairman Winton: And whatever happens with them is a policy decision of this board, not the management. Mr. Pidermann: No, I understand. Because if -- Vice Chairman Teele: But the biggest problem we got -- just so that everybody knows what the real story is -- the biggest problem that we have is with the health benefits -- Commissioner Sanchez: Pension. Vice Chairman Teele: -- especially for the retirees -- Commissioner Sanchez: Pension. Vice Chairman Teele: -- and the -- Chairman Winton: Pension. 240 September 11, 2003 Vice Chairman Teele: -- the pension fund, and so, I mean, you know, I know that you're talking about fire services, per se, and the Manager, I think, has assured us that there's not going to be a cut in any services, but, I mean, I think it's really important for the unions to understand that we're having to come up with a huge number, $20 million for the pension fund. I don't know if it affects your fund or if it's generally. Mr. Pidermann: Absolutely. That's systemic. That's across the entire -- any pension fund is realizing the same experience due to the downturn in the market and -- Vice Chairman Teele: And so what really is happening, I mean, he's not -- Mr. Spring is not saying it to you directly. What's really happening is we're taking reserves out to cover the pension fund costs. That's what it really winds up being. I mean, you know, dollars are fungible but if you look at the amount of money we're taking out of reserves -- which is how much money? Commissioner Sanchez: Nine -- nineteen mill? Mr. Spring: Eighteen million. Chairman Winton: Eighteen. Vice Chairman Teele: Eighteen. Mr. Spring: Eighteen million dollars. Vice Chairman Teele: And if you look at how much we've got to cover for the pension reserve, which is how much? Chairman Winton: Forty. Mr. Spring: It's -- the increase from your year is $21.5 million. Vice Chairman Teele: That's where the money is going. I mean -- Chairman Winton: But the total is 40 -- Mr. Spring: The total is 44 but -- Vice Chairman Teele: The total is 44. The increase is -- the amount over last year is $20 million. Mr. Spring: Twenty-one. Vice Chairman Teele: So I don't want the public to perceive that we're taking money out of reserves and we're carrying this huge surplus when, in fact, what we're doing is we're taking money out of reserves to pay the -- cover the union pension costs -- the union pension fund costs, 241 September 11, 2003 as -- on a dollar to dollar basis. Now, obviously, dollars are fungible, so you could say you're paying for the -- for park improvements or you could argue you're paying for anything or anything or anything. Mr. Pidermann: And I realize that. My question was solely based on if the realized revenues exceed the projections, what's going to happen? Chairman Winton: What happens. Mr. Pidermann: And I understand that periodically throughout the year, they come back to amend the appropriation ordinance. They come back to you with new projects, so I suspect that if -- Vice Chairman Teele: It would probably be to replenish whatever we cut from the Manger's budget that's on the table now. Because I got a sense that some of the things that are being asked for are not going to go through. Mr. Pidermann: Restore it in the Fire budget. Chairman Winton: OK. Commissioner Sanchez, you wanted to comment? Commissioner Sanchez: Well, yeah. There's two seasons, you know. There's hurricane season and there's budget season. Vice Chairman Teele: Don't conjure that other one up. Chairman Winton: Yeah. Commissioner Sanchez: Yeah. Chairman Winton: It's getting awfully close. Commissioner Sanchez: But, you know, every year we have a responsibility to come up with a balanced budget, just like every government is. Let me just -- you know, once again, I turn out to be the skunk at the family picnic, you know. You know, this is the largest increase in the general fund budget that I -- since I've been a Commissioner. I'm sure that -- I don't know about my other colleagues but this is the largest increase of six percent, basically almost $26 million. If you look at the history of budgets and, you know, I have been here already five years, and every year when we go through the budget, very few departments want to reduce their budget. There's always that stigma that if you reduce the budget, come next year when the budgets are allocated, you're going to be left out, and that's a big concern. You have to justify your budget. I mean, we have to make sure that every department that receives the budget -- and when you look at the budget itself, you have certain departments that have that increased based on, you know, they have the salaries, they have the benefits and then they have their operating costs, but some departments, you know, automatically, you could see like a pattern of every year, you know, it's a addition, half a million, and when you add up, within two years, you're talking about 242 September 11, 2003 a department that was basically 2 million ending up being 4 million within five years, and there has to be justification on that. You know, one of the things that we look at now -- and the City is doing very well -- you know, we don't have that guarantee that three or four years down the road, we're going to be healthy. I mean, you know, we can't predict the economy. The economy right now is pretty bad and it could get worse. We don't see a sign of hope in the future, but, you know, last time, at the workshop, I focused on a couple of departments, and let me say, it's not personal, folks. I mean, just because I look at your budget and I make questions and I ask that there be a reduction, it's not personal. You know, I focused on a couple of these, and next thing you know, you start getting phone calls at the office. People want to come see you. It is about that we have a fiscal responsibility here, to the voters and the residents in Miami, to come up with a budget that's a balanced budget and it's a reasonable budget. We can't be accused of being fiscal and responsible. We can't be accused of wasting taxpayers' dollars, and basically, on the issues that I focused on, I felt I had very good reason to ask some of these departments, you know, questions, whether it was on salaries or positions, or how they could cut their budget. If -- one of the things that -- a couple of years ago, Solid Waste had reduce its budget by implementing the automated residents garbage collection system. You know, maybe other departments need to look at similar innovative ways to cut their spending, and I think people -- departments don't do that because you create a layer of bureaucracy that protects another layer of bureaucracy and we have to break away. On thing that this administration -- this new administration has focused on, coming into the City, was that we were going to run this City more like a business -like -- you know, streamlining operations, and, you know, apparently, this budget doesn't reflect that, to be honest with you. I have not been convinced of the budget. If it were to vote on it today, I would not approve it. Maybe I will approve it on first reading and see if we could find ways to reduce it, but, as it is right now, I'm very concerned with, one, tapping into the reserves for 18 million, but we have justification. We got to pay the pension. I mean, we're faced with a situation where we basically have to tap into our resources or ask the taxpayers to increase their fees, and I'm glad to see that we didn't raise their fees and we were able to lower the millage. On the other hand, we bought on administration that was basically brought in to go out there and reduce costs, and at the other hand, I think that we, the Commissioners, need to support him on it. I mean, there's going to be positions that are going to be lost. We're going to have to let go of some people. We're going to have to make tight -- you know, we're going to have to tighten up our belts. We're going to have to do whatever we can to make sure that our budget is not seen as fiscally irresponsible or an over -projected budget, and to be honest with you, I have not been convinced yet that this budget is worth my vote today. I challenge the administration. I challenge the departments that I have stated on the record to reduce their budget, and I got Bayfront Park -- and I want to clarify one thing, because when I left the meeting, one of my colleagues brought out Bayfront Park. Bayfront Park, for the last decade, has received the same budget, never with an increase, but this year, Bayfront Park, seeing that this administration and this budget isn't putting enough money into parks, we're going to come back and probably give this Commission $500,000, $100 -- $100,000 to each Commissioner to put back into their parks, and I -- you know, if we could get it passed through the trust at Bayfront Park, we plan on doing that because we believe -- I strongly believe -- and I know that all my colleagues believe that because they put it on the record -- that we need to put more money in our parks. We got beautiful parks now, but I guarantee you, Margaret Pace Park, which is a beautiful park, if we don't have the resources to upkeep it, go back in seven months and it's going to be a dump, and any resident that has paid $400,000 or $500,000 to live in that 243 September 11, 2003 neighborhood and walks by and sees that park going to waste and dilapidated, you know, they're going to go -- who are they going to blame? They're going to blame the City, so we need to have those resources to maintain those parks, and I've yet to see that. Looking at the numbers -- and I don't have it here with me. I know that my staff and I have been going over the budget. I don't think there's enough money in the parks to maintain them, so, Mr. City Manager, I challenge you. You have until the 25th to seek my support on this vote. I do commend you and I commend the whole staff and the Mayor for his budget address, but I have not been convinced. I have not been convinced. Six percent in increase is the largest increase in the five years that I have been here as a Commissioner, and that -- it concerns me, so I just wanted to state that for the record. Chairman Winton: It's only the three of us. Commissioner Teele. Vice Chairman Teele: If you had said it the way I would have said it -- Chairman Winton: Oh, it's Commissioner -- there he is. Vice Chairman Teele: -- they would have (INAUDIBLE) -- Chairman Winton: Commissioner Regalado. Commissioner Regalado: Yes, sir. Chairman Winton: Would you like to comment? Commissioner Regalado: Huh? Vice Chairman Teele: On the budget. Chairman Winton: Do you have comment on the budget? Commissioner Regalado: Oh, yeah. I have some questions. First question, do you find funding for the 16 employees -- 13 because there are three rollbacks? Commissioner Sanchez: How can you reduce the budget? Commissioner Regalado: Huh? I'm sorry. Mr. Spring: No, we have not, sir. Commissioner Regalado: OK. You have not. The other question that I have is about the fire fee. Vice Chairman Teele: Before you leave that, could I just add on to that? Commissioner Regalado: Sure. 244 September 11, 2003 Vice Chairman Teele: Before you leave and go to the next thing, I would like to request -- and I hope the Chief Fernandez -- Chief Timoney, you're here. OK. I'm sorry. I would like to understand clearly what Commissioner Regalado's issue is. I would like to know -- I don't want to know the names of the 15 people, but I would like to know, by category, where each of those people are and what they're doing, and if this Commission were to overrule the Manager's recommendation and direct you to keep these 15 people, how would they be deployed. Is it -- how many is it? Unidentified Speaker: Thirteen. Vice Chairman Teele: Well, that's 13, assuming rollback rights, but I'm saying this, 15 -- it's 15 or 16, right? Commissioner Regalado: Sixteen with three rollbacks. Vice Chairman Teele: So, if this Commission -- I don't know if the Commission is of a mind to do that, but what I don't want to do is do something that doesn't have a plan to it. I would like to know how each of those people would be deployed if you were required to keep them or to keep half of them, you know. Let's just do two exercises, sixteen or eight, and if you could just give us that before the next budget meeting -- before the next budget hearing, I'd be grateful, but this issue keeps coming back and I don't want to vote to keep somebody and then nobody really knows how they're going to be -- or to support the Manager's recommendation. I would like to know what the options are. Thank you. Commissioner Regalado: The question about the fire fee. Mr. Spring: Yes, sir. Commissioner Regalado: And, you know, I didn't follow up because I just don't want to take time because I said what I said and I do what I said I'm going to do, but anyway, the fire fee. The residents of the City of Miami, homeowners, all of us are paying $61, right? Mr. Spring: Correct, sir. Commissioner Regalado: It doesn't matter whether it is a small house or a large house. Mr. Spring: That is correct. Commissioner Regalado: We also pay taxes to support the services of the fire -rescue, police. The Police Department and the Fire Department are not supposed to be in the money making, like Parks is supposed to have. Their role is services. That's why we pay taxes. That's the philosophy of government. My question is: Why, then, we charge people when a person is transported from her home or his home to the hospital? And if that person cannot pay -- if Social Security or Medicare cannot pay, we bill that person how much? Approximately $334, more or less, and if that person does not have the resources, then we send that person to one of those 245 September 11, 2003 agencies, collection agencies, that harass people and keep calling people. My question is, isn't the tax to pay for the service? Isn't the fire fee to pay for capital -- whatever improvement you need? Why the money -making business? Why we charge three times for fire and rescue services? Maurice Kemp: Maurice Kemp, Deputy Fire Chief. We did it because the City did a policy decision many years ago to charge for EMS (Emergency Medical Service) transports and services, and every other municipality in Dade County, with the exception of Key Biscayne, does so also, so it's a policy decision. It's a revenue source for the City of approximately 4.2 to $4.6 million. Commissioner Regalado: That goes to the Fire budget or to the general budget? Mr. Kemp: It goes to the general fund. Commissioner Regalado: General -- Mr. Kemp: It does not go to the Fire Department at all. Commissioner Regalado: Oh. Well, the fact that many cities do it, you know, doesn't have to do anything with that. Because, I mean -- but my problem is, how many other municipalities in Miami -Dade County have the fire fee? Vice Chairman Teele: This was the easiest budget -- Mr. Kemp: In Miami -Dade County, I'm not aware of any other that does. Vice Chairman Teele: (INAUDIBLE) have a public hearing and get it over with. Commissioner Regalado: So why are they not imposing the fire fee? Don't you think that they should? Mr. Kemp: Commissioner, that decision is not at my level. That's a policy decision. Commissioner Regalado: I understand that, but I'm just asking, since you say that other municipalities charge for transport, so that is my problem with the fire fee. Number one, we said it was a five-year tax, because it is a tax although it's a fee. Number two, I cannot understand why, if residents pay tax for services, we're charging three time for one service, which by the way, it's the best service. Mr. Kemp: Thank you. Commissioner Regalado: And, you know, I think that the Miami Fire Department is the best and there's no question about the service. My problem is that when you get into the collection agency -- let me tell you about a lady and I'll just be very brief on this. There was a lady that her husband became ill. She called the Fire Rescue. They transported him to the hospital. He died 246 September 11, 2003 in the hospital. Then he lost -- then she lost part of her social security check, of course, widowed, and then the City billed her $324, and she couldn't pay, and she was sent -- her bill was sent to the collection agency, and the collection agency started harassing, you know, how they call, and call, and call. We're going to foreclosure and we're going to do and we're going to do. To me, I mean, that lady suffered enough, and she's alone and does not have the money to pay, so that is the problem that I have with the fire fee and I just wanted to -- it's not your fault. I remember the former Fire Chief. I had my discussions with him. Now he's probably going to be the next County Commissioner and I don't think he's going to bring the fire fee in case they have a -- in the County, a budget deficit, which they do, but I have a philosophical problem with that, and someday, you know -- this Commission is going to be here, God -willing for the next years -- someday, somehow we're going to have to address the issue of the fire fee, sooner or later. Because, I mean, it's something that was an emergency and we got stuck with it, and it's just part of the daily lives of -- and to some people, it may be fine because for somebody who has a home for a $500,000, $61 -- but $61 for a person that is retired and gets the social security check, is $61 too much, so that's my only question on the fire fee. Chairman Winton: Do you have anything else, Commissioner Regalado? Commissioner Regalado: No. Chairman Winton: OK. Thank you. Commissioner Gonzalez. Commissioner Gonzalez: I'm going to be very brief and I can tell you that I'm going to be voting "no" on the budget at this time, but I just want to make the comment I have a serious problem -- and I'm going to say it again -- and you said that your were -- your NETS were reduced, and like Commissioner Teele says many, many times, things that affect my district may not affect yours, and things that affect yours may not affect mine, and our districts are not the same and our needs are not the same, so, you know, that's the reasoning. I was told that the Police budget was going to be cut $8 million, and I was told that about three or four months ago, and now, I see that the Police budget has an increase of $6 million, so when I asked the question, I was told that, yeah, the budget was going to be reduced from the proposed budget, and that make me think that General Motors says this year we lost $100 million, and you look at their financial statement and you see that they made 120 million. Well, they lost 100 million because they were planning on making 240 million, and they only made 120 million, so they had a loss, OK, and this is what is happening, and we're cutting on NET offices and we're cutting on services, and on the other side, we're increasing funds, so, you know, if it is a budget that is going to be a capricious budget, I'm sorry, but I cannot support it. Thank you. Chairman Winton: Commissioner Teele. Vice Chairman Teele: Mr. Chairman, I'm going to be very brief and not -- I have a number of concerns about the budget, but I do think that the budget continues to move us in the right direction, as the Mayor stated, and I am particularly encouraged that the Manager has taken to heart some of the comments of the last meeting and the organization chart is reflecting that. I also note the number of acting department heads has been substantially reduced, and so we're moving, I think, in the right direction. I'm somewhat disappointed, I think, that the personnel 247 September 11, 2003 issue involving these 16 people continues to come up, and I think, you know, we really ought to focus in on that. I've not focused in on that at all, but I'm hearing my colleagues, and it just seems to me that, after the workshop to now, there should have been some movement for a consensus, unless somebody is spoiling for a fight on this thing, and I've heard three people say they're voting against the -- they're not supporting the budget, so, to make sure my vote counts, I'm not voting for the budget either, but I do think that we've got to try to come up with some accommodations. Specifically, I think the millage rate is still too high. From the day I came on this dais, I engaged in arguments with the gentleman who sat on the end. The mill was 10 mills for two straight years, and for two straight years, I said we've got to start the motion -- the movement downward. Mr. Manager, this millage rate represents the highest increase from the rollback rate since we started that downhill -- that downward trod, and I would recommend that a number closer to -- well, I'm not going to make a recommendation but I do think that there is some flexibility to move the millage rate downward, and I would -- I would hope that maybe some of the replenishing of reserves or series of things, I'm not recommending it in any one area, but I think we need to look very, very closely at what we're doing. The largest area for the increases is in the area of IT, Information Technology. We're adding a significant number of positions there. It would be my intent to put that money in a reserve for IT, subject to a full plan coming back to be released. In other words, whatever we come out with, I'm going to want to see the IT money going into a reserve with a plan, because we've not been presented a plan. I don't want to get the union all upset, but I will say here on the record, in the area of IT, you're really going to be better off some time contracting for services, as opposed to just going out hiring a lot of people. Now, in the end, you're probably going to have to hire these people -- and I'm not against that. I'm all for it, but I think, you know, a plan -- how many new hires did you have for IT? Commissioner Sanchez: It was about 50/50. Fifty personnel and -- it's about 80 some positions, right? Vice Chairman Teele: In the budget for IT that was submitted, how many new hire positions were being reflected for IT? Peter Korinis: Peter Korinis, Chief Information Officer. There's 11 new positions, two of those 11 were previously temporary positions that we eliminated, so the actual number is nine new positions, though two of them had been temporaries. Vice Chairman Teele: Well -- and how many total positions do you have now? Mr. Korinis: I believe that's 88, as shown in the budget. Vice Chairman Teele: Say again. Mr. Korinis: Eighty-eight, sir. Commissioner Sanchez: Eighty-eight. I knew it. 248 September 11, 2003 Vice Chairman Teele: And I'm not -- I'm not trying to get into the issue. I'm simply saying -- if I can get two people to agree with me -- whatever we do in IT, we need to put it into an IT reserve and then come in with a comprehensive plan, and then we'll release that money based upon the plan, but just to go ahead and do it -- and I don't know where we're going on this thing and, you know -- Mr. Korinis: I'd be happy to do that, sir. We have the strategic plan from Arthur Anderson from two years ago, which illustrate the initiatives and the costs of some of those projects that were laid out, so we're following that plan and we have multi-year plans and spending allocations for those, and, furthermore, we are doing a lot with contractors because, clearly, we need to bring in some skills that are not available on the staff and we're hiring consultants to do that. The price of that is pretty steep, so we're mixing some staff with some consultant work, so there is a mixture of both. Commissioner Sanchez: (INAUDIBLE) Vice Chairman Teele: Well, I don't want to debate it. I mean, I'm just saying I think that's the prudent thing to do. We're not going to have time to get into that tonight, or between now and the budget, but I think we all would like to look at it. I'd also like to look at the EEO (Equal Employment Opportunity) profile of the department and, you know, and look at the total picture. Mr. Korinis: Yes, sir. Vice Chairman Teele: But I'm not picking on -- I don't want to have the problem that Joe Sanchez -- and I don't want you all have all your 88 people calling me now and e -mailing me -- Commissioner Sanchez: No, but -- Vice Chairman Teele: -- or worse, having my e-mail system to go down. Commissioner Sanchez: Would you yield -- Commissioner Teele, would you yield? Mr. Arriola: We'll be delighted to hear you, but I want you to understand that it's a big number. Nobody knows this number better than I do. You have to remember you spend years and years and years without putting a dollar here, and this is kind of like pay me now, pay me later. You're paying for it now because -- I mean, even our mainframe and things like that are no longer maintained. We can't even buy a maintenance -- Commissioner Sanchez: Obsolete. Mr. Arriola: -- contract. When it goes down, it's -- all the systems are obsolete. They're gone, and instead of spending 3, 4, $5 million a year in this -- then we -- you know, we didn't have money in past years in the City so we didn't spend it, so now we have to literally start from ground zero on this thing. 249 September 11, 2003 Mr. Korinis: Our average system, sir, is over 12 years old. Now, that's the business systems. Therefore, those systems don't take advantage of some of the new technology that we want to use, like electronic commerce, electronic business, electronic permitting; the things that we want to put up on the web to provide better citizen service. The IT budget covers all of the agencies and all the initiatives that they're trying to do. Vice Chairman Teele: And I think that's exactly the point that I'm making. I think -- the point that I'm making -- I'm not voting or speaking in opposition. I'm simply saying I think we're entitled to having a full detailed, you know -- and maybe we won't have it between now and September, but certainly, in October, we'll be able to schedule that, have a two-hour discussion, a full briefing and move forward on it. Mr. Korinis: Absolutely. I'd be delighted to do that. Vice Chairman Teele: And I think the public would enjoy knowing how we're going to spend their money. I mean, and maybe we should just go ahead and plan for the first meeting in October to have an hour and a half or so presentation on the IT plan, and that gives you, you know, a good 30 days to do it, and then the money -- Chairman Winton: Or whatever amount of time you really need. Vice Chairman Teele: -- then money would be released. Mr. Korinis: If you can put up with an hour and a half of it, yes, sir, I'd be happy to do that. Vice Chairman Teele: Well, whatever it is. I mean -- Chairman Winton: It could be -- Vice Chairman Teele: -- you'll lose me after 15 minutes. Chairman Winton: -- (INAUDIBLE). Commissioner Sanchez: Just one question, and you could answer because you're the expert on it. I mean, do we really need a budget that's 50 percent personnel and 50 percent operating expense? Fifty percent personnel. Chairman Winton: Well, that's lower than anything -- that's -- Vice Chairman Teele: That's substantially lower than the City -- Chairman Winton: Citywide we're 80 -- citywide we're 80 -- Vice Chairman Teele: -- which is 75 percent. 250 September 11, 2003 Chairman Winton: Well, yeah, but there's some things left out of that, but, citywide, 75 percent, sothisisa-- thisisa -- Commissioner Sanchez: IT -- not -- no, no. it's a good point. I'll take that into consideration, but since 19 -- it only goes back to 2001. Ninety-eight, when I was here, we were playing catch- up. Mr. Korinis: Yes, sir. Commissioner Sanchez: And we put money into the system. I remember because every year, IT comes up. Every year you can't go through the budget without having discussions on IT, so, I don't know if, in the past, we might have spent money that, you know, buying systems that we didn't anticipate looking four or five years down the road. Maybe that's something that we did. I don't know. You're the expert on it. Mr. Korinis: Well, sir, as I said, our average system now is over 12 years old, so we have -- we bought systems. They were reasonably good or very good at the time, but now, 12 years later, they're not meeting the needs. They're very hard to maintain and they're costly to support, such as our financial management system, which really is not giving us the quality of information; it doesn't give us projections, forecasting, budgeting opportunities that we need, and doesn't give us responsive information to quickly answer questions from the Commission or elsewhere. I can go through, Commissioner, and give you itemization of where those increases come from, and, in fact, some of them are costs that were paid by other departments that we now have moved into IT. The reason being, we have a centralized IT budget. We want to see what is being spent on Information Technology. If it's distributed out through the various agencies, it's a little hard to account for all of it, so, there are, in fact, some costs that were in agencies that you're now seeing in the IT budget. That accounts for some of the increase showing up in IT, but it's not an increase overall. Furthermore, another example is $680,000 for our mainframe. When we bought the mainframe we're using now, it was prepaid up front for five years. Well, the five years has gone now, and we have to start paying or buy a new piece of equipment, so those kind of expenses are what you're seeing popping up. Commissioner Sanchez: All right. One more question. IT before didn't provide assistance to the Police Department. Has that been changed? Mr. Korinis: Yes, sir. We provide some assistance but they certainly provide some of their own. We do not fully support all of the Police needs. We have -- part of those positions that we put in are to do that, to start building up and -- Commissioner Sanchez: What's going to happen with the positions that are in the Police Department -- Mr. Korinis: I believe -- Commissioner Sanchez: -- that are IT? 251 September 11, 2003 Mr. Korinis: I believe they're going to be reallocated and I don't -- they didn't have very many to start with. They used a lot of contractors, so, I believe they're going to be reallocated to do some other things in some cases, but I can't speak to that for sure. Commissioner Sanchez: See, because that's -- Vice Chairman Teele: See, that's my point. Commissioner Sanchez: Wait, wait, wait, wait. Commissioner, wait. That's the point there, and the other issue was Public Works, CIP (Capital Improvement Project). When you compared the CIP that had 50 positions compared to -- well, no, no, no. Thirty-nine -- you might say 39. What I got was 50 positions. Maybe it was 39, but the paper I got said 50. Whatever. The paper I got said 50 positions, and my concern was, out of those 50 positions, how many -- because I was told some of the Public Works positions are going to come into CIP positions, and when I inquired as to the shifting of the positions -- I mean, it's common sense, if you have a number of positions in one department and you shift some to the other department, it's going to show. Well, that's another issue that hasn't been clear with me, whether -- what's going to happen to those positions, so, you know, the only thing I want to know here, if you want 20 positions, I want to make sure that those 20 positions that you're getting, what are going to be the scope of duties of those positions? Are they going to be filled? They're not going to be filled because, you know, you -- I mean, those are questions that every Commissioner up here has a right to ask. Vice Chairman Teele: And I think the point that Commissioner Sanchez just raised illustrates why I think what I'm proposing is, perhaps, a good course of action, so that we don't tie this up into that. It's not to -- there's no penalty or harm to your budget, perhaps, in this discussion, but I do think we need to sort of look at all the implications, because, candidly, I never would have come up with the question that Commissioner Sanchez just raised, which now raises questions about what's going on in the Police Department. I mean, you know, if you're going to free up some positions over there, well where are those positions going now? So -- and, again, that's neither here nor there, but I do think what I'm recommending, just to put it on notice, is -- and I'm asking the Budget Director to provide an alternate to his recommendation to create a reserve for this, which will be appropriated, OK, and then we'll release those reserves based upon the outcome of that meeting when we get into this. Since Commissioner Sanchez brought it up, I have the same concern, and that is the relationship between CIP and Public Works, and I think there is a very, very good explanation for what we're doing in CIP, which I fully support, and is the Assistant Manager here? But I really want to understand better the role of Public Works, because there's going to come a day when we're not going to have a $250,000,000 program, and what I don't want to do is just play this game of moving people around. I want to maintain some tradition, some history in the Public Works Department, and I am very, very much of the opinion that certain core Public Works functions should remain with Public Works. I asked today a question of Mr. Cano regarding the status of the ongoing contracts, that is the architecture -- open contracts for architects, engineers, et cetera. I'm led to believe that that information is now in Capital Improvements. You're going to have to convince me why we're doing that. I mean, you know, let's get personalities out of it, but that is a Public Works function by definition of the evaluation and the selection process for that. I have no problem detailing it over there or temporarily doing it, but what I'm saying is, what we don't want to do is not have a Public 252 September 11, 2003 Works function that is contemporaneous with what the other 30 municipalities have, and the County and the State around -- so, I think the way that's going to come up is on the transportation or the Capital Improvement discussion. Now, the Budget Director continues to doubletalk one issue, and I want to be real clear. I expect to have a Capital Improvements workshop, or meeting or decision, fully in time with the countywide transportation plan, fully compliant with submitting our document there, and I do not want to get -- the answer to be, you've got to vote on this now or we going to lose -- you know, that's what normally happens. We walk the gang plank, you know. If we don't say yes, then we got to jump out there in the ocean with the sharks, and what I'm saying is -- Mr. Arriola: I made that mistake once. I'm not doing that again. Vice Chairman Teele: But I would like to have a clear delineation as a part of that, as it relates to the Capital Improvements Program and the Public Works function. In that regard, I would like to ensure that when we appropriate the gas tax money, which is about how much money this year, 8 million, 7.5 million? What are we projecting? Mr. Spring: 7.7 million. Vice Chairman Teele: That the $7.7 million is that we also put an administrative hold on that money. See, this is where this thing is totally out of kilter. You don't take gas tax money and appropriate it, and then come back in 45 days and talk about a capital program that would use gas tax money. You see what I'm saying? I mean, does it make sense to you, ma'am? Alicia Cuervo -Schreiber: Yes, it does, sir. Vice Chairman Teele: I mean, you know, the gas tax money, with the County transportation has the money -- that's all going to be into one pot of money, and the policies and the direction should follow some logical sense, and so, what I'm trying to do is make sure that we don't let half of -- a third of this thing go down the road, then we wind up saying, well that's already gone, and then we look at that as a comprehensive number. That is the half cents for the gas tax and the -- the gas tax money, plus half cents for transportation, plus whatever dollars that may be coming in, but I'm really concerned about ensuring that we have a Public Works function that is really into the roads, and sidewalks, and streets and public right-of-way, I guess, would be the right term, not to take anything away from the Capital Improvement program. Ms. Schreiber: Good afternoon, Commissioner Teele. Alicia Schreiber. As I have discussed the last time in the last meeting, Capital Improvements today, as it appears, is a first and forward attempt to reign in all the capital projects of the City, explore where our funding was and see at what schedule we were at, and Mr. Cano's office did an outstanding job in doing that, but it is our intent to bring back the traditional Public Works functions and Capital Improvements functions, and you will be seeing that over the course of the next couple of months to ensure the proper quality control and that we do smart construction in the City, so you will be seeing that. Vice Chairman Teele: You're absolutely brilliant. I agree. Now let me just mention one other thing. The diagram that we have today does not reflect in the Manager's box, the transportation 253 September 11, 2003 function that you stated in your letter, so the diagram -- the wiring diagram that is before us for approval needs to be modified to reflect, I assume, to reflect the fact that that transportation component is going to be in the Manager's office. Right now, it's not in there. Ms. Schreiber: The transportation component will be under Chief of Operations, the existing Chief of Neighborhood Services position. Vice Chairman Teele: All I want to do is see it in the wiring document. It's nowhere right now. It's not on the wiring document at all. Ms. Schreiber: You will see that. Vice Chairman Teele: OK, and -- and that's -- and then the final areas really get down to the millage rate and the organizations that are here. I've indicated before that I think the millage rate really does need to go down a little bit more. I think you need that to try to get the support of what appears to be a majority of the Commission. I don't know what it is. I want to support the Manager's budget, but I would rather vote on a slightly lower millage rate in the final thing. I also think that there needs to be some explanation for the Civilian Independent Panel. I know the Chairman is here. I know he's very busy. I don't know if -- I know that the last time we had this discussion, there was some concerns about the Civilian Independent Panel, and were you all able to clear those issues with my colleagues that raised them, Mr. Spring? Mr. Spring: Yes, we were. Vice Chairman Teele: So there's no issue right now to your knowledge? Mr. Spring: To my knowledge, no, and not to the Chairman's knowledge either. Vice Chairman Teele: Well, I do note that the Chairman is here and I know that he's a volunteer and very busy, and as is the Chairman of the Virginia Key Trust, and are there any issues on the Virginia Key Trust that I need to be made aware of? Mr. Spring: I believe we worked them all out at this point, at the last conversation we had, but -- Vice Chairman Teele: And that is we're going to be going to the Parks Oversight Committee, the -- Mr. Spring: Correct. Vice Chairman Teele: -- and trying to swap -- Mr. Spring: Try to swap out the dollars. Vice Chairman Teele: -- around in this (INAUDIBLE). Mr. Spring: Correct. 254 September 11, 2003 Vice Chairman Teele: OK. Well, again, I think it's really important that if we do have questions relating to these independent agencies that we do now -- I said before and I'm going to say again that in terms of the strategic review, I think it's really important for the Manager to come to us early on, on the strategic review related to the independent agencies, particularly Off -Street Parking -- related to Off -Street Parking, MSEA (Miami Sports and Exhibition Authority), CRA, and those areas where the Manager has talked about some structural changes. I want to express, again, my support for the Manager, the Attorney, and the board of the Virginia -- of the Model City Trust to work out those issues, because I do think we've reached a point now where we need to resolve these issues, or consider going in a different direction and we don't need to keep this going on, but I am very much open, as a part of a strategic review, for the -- for a discussion on the Off -Street Parking, the CRA and MSEA, as the Mayor and Manager have indicated they would like to have some discussion. Mr. Attorney, if there were to be a Charter change regarding Off -Street Parking, could that be accommodated on the March budget? Mr. Vilarello: In March? Vice Chairman Teele: Yes. The Presidential ballot. Mr. Vilarello: You would have sufficient time to address that issue. Vice Chairman Teele: That's not one of the issues that, by Charter, it has to be during a general election. Mr. Vilarello: It does not have to be -- it's just a Charter amendment. It is not required to be at a general election. Just at an election -- a general or special election of the City. Vice Chairman Teele: OK. Well, that's where I am on that, and I do note that the park -- what do you call that, that museum -- the Science Museum, apparently, is proposing to go for a -- Commissioner Sanchez: Bonus. Vice Chairman Teele: -- a special revenue during the presidential -- Chairman Winton: No. Vice Chairman Teele: -- election? Commissioner Regalado: No. Chairman Winton: No. They've come off that. Vice Chairman Teele: They've cancelled? Chairman Winton: Yeah. 255 September 11, 2003 Vice Chairman Teele: This coming November? Chairman Winton: Both -- next November. Commissioner Regalado: (INAUDIBLE) both the County and the museum. Chairman Winton: Right. Both museums. Vice Chairman Teele: Well, my point was I -- Chairman Winton: It was headed in that direction but it got reversed. Vice Chairman Teele: OK, I think that we need to be apprised of that, and, Mr. Manager, again, I want to thank you for your personal assistance in trying to understand. I would like very much to look at the capital -- the open capital accounts, the strategic reserve and all of those reserves between now and the next budget meeting, because I'm -- some of these numbers don't really add up to me, based upon what I assumed that we had there. Did we ever get our money back from Miami -Dade County for the environmental cleanup -- I mean, the -- ? Chairman Winton: On Parcel "D"? Vice Chairman Teele: On Parcel "D." They -- Chairman Winton: No. Vice Chairman Teele: -- they bought -- this is the land that the Miami Heat is on, right? Chairman Winton: Right. No. Vice Chairman Teele: We're still trying to close that, right? Chairman Winton: Right. Vice Chairman Teele: See, this is what I'm talking about. Chairman Winton: Well, there's (INAUDIBLE) -- Vice Chairman Teele: How much is that? About a million dollars? Chairman Winton: Two. Vice Chairman Teele: Two million? (INAUDIBLE COMMENTS) Chairman Winton: Yeah, so, two million. 256 September 11, 2003 Vice Chairman Teele: OK. Well, again, so I would like very much to look at the fund balances and the various special account, particularly those in capital and the strategic reserve, et cetera. I also think that it's very, very important, Mr. Manager and Madam Former Budget Director, with the current Budget Director, that we get the documents where we made the allocation for capital funding with the 255 plus the other 140 million, because -- see, what's beginning to happen now -- and this is where the lack of institutional memory is going to wind up hurting us. When we allocated the money for the 255 for the Safe Neighborhoods, we also allocated with that about $140 million, so the actual allocation was like a four hundred some million dollar allocation, capital allocation. I want to get those documents to make sure that they're circulated so that we don't lose sight of what was done. Because, see, I'm beginning to hear, "Well, I didn't get this amount during the bond." Yeah, but there was more money, and Commissioner Regalado and Commissioner Gort, now Commissioner Gonzalez, were the big beneficiaries of that subsequent allocation, so, when we begin to talk about the capital funds for next year or for the next cycle, we need to start from those -- from that document, which is when we first began this process of allocating the capital money, and that document was a $400 million allocation. It is not a 255, and I'm going to tell you, if you examine the 255 without looking at the other 140 -- Chairman Winton: Wrong. Vice Chairman Teele: -- it's wrong, and the numbers are not going to ever make sense, so you got to look at that, because that's the way we allocated it, as one document. The final point that I want to make, Mr. Manager, is I'm going to be coming back as a pocket item today, and in the future, on the regular agenda, looking at the direction to move forward with certain engineering, and I want to make sure from the City Attorney that we can use quality of life dollars -- that they're an eligible cost. We can use quality of life dollars for engineering the sidewalks and that kind of stuff that we keep hearing the complaints about. Is that a fair question, Mr. Attorney? Mr. Vilarello: Yes, sir. Vice Chairman Teele: OK. Thank you very much. Chairman Winton: Commissioner Gonzalez. Commissioner Gonzalez: Yes. I was going back in memories to last year budget session, and I remember that last year, I believe that we had two, if not three, workshops on the budget, and in each -- in the first meeting that we had for the budget, we were asked on what were our priorities and what were our concerns, and we were taken into consideration on the drafting of the budget of last year budget. This year, I feel that I have been ignored. I don't know how you guys feel, you know. They presented a budget here the other day. I had a discussion in my office with one person, and when I expressed my opposition to one of the changes, the person told me, well, you can do whatever you want. We're going to do whatever -- you can do whatever you have to do. We're going to do whatever -- we going to -- whatever we do, you know, so that sent me the message that, apparently, my vote in this session was not important, or they considered that they didn't need my vote to approve this budget. Because if I tell you, you do whatever you have to do, I'm going to do whatever I have to do, then, you know, fine. It's a war declaration, OK. On 257 September 11, 2003 the issue -- and I'm not picking up on the Police Department, you know, and I know they're going to walk out of here calling me names, as they usually do. I don't really care. It doesn't bother me. That doesn't pay my rent, but I was told that the budget was going to be reduced and the budget has been increased. They're going to have or they had had a reduction between 170 officers, and still, we're giving more money to the Police Department. This money -- we approved money for overtime, so, in some areas, we're putting money like out there like going crazy, and then, I hear the Fire Department saying that they're not going to be able to hire 70 new firemen or rescue personnel, so, you know, I mean, it's a total -- there is no balance. I don't see -- I don't see -- it is -- and I try to keep quiet. I try because I -- you know, right away, they start writing in the papers that I'm controversial, that I create problems, that I have frictions with the Mayor, that I don't get along with the Manager. You know, they play all these type of games that I know about these games. I know how to play these games. Vice Chairman Teele: Grabbing land in Overtown. Commissioner Gonzalez: Because -- huh? Vice Chairman Teele: That you're grabbing land in Overtown. Commissioner Gonzalez: Yeah, right, you know. All of these type of games, you know, that are played here in the City. It's not new. It's being -- that's been the City of Miami ever since I know the City of Miami, so -- but there is a point when you have to stand up and say enough is enough, and now, I'm saying enough is enough. I have -- nobody consulted me. Nobody asked my opinion on all of these changes, and when I expressed my opinion and when I said that I'm going to take action, I'm told, "You do whatever you have to do. We're going to do whatever we have to do." Vice Chairman Teele: Commissioner Gonzalez, may I ask you -- Commissioner Gonzalez: Yeah. Vice Chairman Teele: -- what is it you would like to see done in this budget? I mean, after all, we're not talking to the Manager. We're talking to each other. We're the ones that make the decision. Commissioner Gonzalez: Right. I have -- Vice Chairman Teele: We take the Manager's recommendation -- Commissioner Gonzalez: I have discussed it with the Manager. I have some problems with the changes that are being made, and the changes that are being made also take the budget, take money. You know, every time you make a change, you need money, so, you know, if you're going to make a change and you're going to require us to appropriate money for the change, well, at least, you know, give me the consideration -- try to see how I feel about the changes that are being made. You know, work with me. 258 September 11, 2003 Vice Chairman Teele: Mr. Chairman. Commissioner Gonzalez: Don't just slap the budget in my face, and this is it and you have to approve it. Vice Chairman Teele: But, Mr. Chairman -- Commissioner Gonzalez: No. That's not the way. That's not the way. Vice Chairman Teele: Look, we're the Commissioners. Commissioner Gonzalez: I know. Vice Chairman Teele: And it's no need to -- Commissioner Gonzalez: I know. Vice Chairman Teele: -- abrogate our responsibility to the Budget Director and the Manager. I don't want to be here all night. We need three votes for something -- Commissioner Gonzalez: Well, you know, I just want to make -- Vice Chairman Teele: OK, and I heard three people say they vote "no." Commissioner Gonzalez: Well, I said my position a while ago. I just wanted to make an additional comment -- Vice Chairman Teele: But just tell me -- Commissioner Gonzalez: -- so the people that -- Vice Chairman Teele: I mean, I'm willing to vote for something you want that is going to help move this budget process. Commissioner Gonzalez: The comments that I'm making now is just -- are just for the citizens that are sitting out there and for the people that are looking on TV (Television), so they know why this Commissioner is voting against this budget. Because even though we're increasing money in the Police Department, crime in my area is still up and keeps going up. OK, and it is a game. It's a game with me, you know, and to the point that they call me names, which, again, I don't care. Chairman Winton: Commissioner Gonzalez, let me try what -- another angle on what Commissioner Teele's suggesting, and that is that, you know, we can vote "no" for a long time. Commissioner Gonzalez: Yeah. 259 September 11, 2003 Chairman Winton: At some point, though, you have to vote -- you have to approve a budget or - - what happens, by the way, if you don't -- if a budget's never approved or if it isn't approved on time? What's -- Mr. Vilarello: The statute requires you to adopt a budget and a millage rate before October -- before the end of September. Then if you -- Chairman Winton: And if that doesn't happen? Mr. Vilarello: If that doesn't happen, you continue to operate under your last adopted budget. You put at risk, at that point, your State revenue sharing funds and a significant number of other funds because you are out of compliance with your budget adoption process. It's required by State law. There are consequences to it. Chairman Winton: Would you -- Mr. Manager, would you, at least for my benefit, prepare an analysis of the amount of funds that would be at risk if we don't adopt a budget by whatever the deadline is, just so I happen to know? I mean, so -- OK, and I'm sorry. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: That may be good, but the real issue is this. You wind up with the bond buyer with our rating agencies sending e-mails to each other and, you know, a reputation is very, very precious and very, very fragile, you know, and you can't be stable one day and the City of Miami, the largest city in Florida, fails to adopt a budget within the State -- you know, it would have devastating impact on the opinion and the credibility of the City of Miami, and it's not really -- it's something that we can consider. Because the point is, is that we -- there's got to be a budget in here somewhere, you know -- Commissioner Sanchez: That we can all agree on. Vice Chairman Teele: That at least three or more people can agree on, and that's why I'm saying, the issue is not to beat up the Manager, per se, or the staff. The issue is for the Commissioners to share with each other what it is you want and how does it take for us to come up with three votes, because we're the ones who decide, not Mr. Spring, with all due respect and not the Manager, with all due respect, and I -- you know, to keep on beating up on them is, you know, somebody wants to take a million dollars out of a department or something, you know, I'm not recommending that, but that may be the way, at the end of the day, the budget gets passed, but it's not like it's your job to give us the budget that we like. It's our job to approve a budget that we like. Commissioner Regalado: And -- Chairman Winton: Commissioner Regalado. Thank you, Commissioner Teele. 260 September 11, 2003 Commissioner Regalado: And by the way, I have voted two times for a budget. Once was rejected by the Oversight Board then. Vice Chairman Teele: Yeah, that was -- Commissioner Regalado: But you see, eventually, we will vote for a budget and we will have a budget because we have to, but I think that what this Commission should do is -- you know, we stated some of the priorities in the budget workshop. You came back, more or less, with the same -- only with the transportation office or department not being a department or the Code Enforcement Department not being a department. Those were the only two things that I remember that were implemented in this budget, so I guess that you're going to have to consider some of the concerns and issues of the members of the Commission because this is the Commission that vote. In my case, first of all, I think that we should send even a symbolic message by reducing the millage. Frugal, modest, but it is a message because after many years of hitting the pockets of the residents of the City, we made a promise. We made a commitment that this City was coming out of the hole, and that the money that we asked -- because it wasn't the crisis, the financial crisis, Mr. Budget Director, Mr. Manager -- you weren't here -- wasn't solved by Merrett Stierheim and all of the people that he parade here, or the subsequent Managers. I have sat here with nine Managers now, and it was the people of Miami. Not even the Commission. It was the people of Miami that paid more taxes, more fees; fire fees and more -- and they, after we hit them with that, they even went and voted to maintain the City and not abolish the City by 80 percent, so the people do deserve -- Chairman Winton: Which I was on the other side of trying to get it abolished. Commissioner Regalado: No, you came back. You came back. You came back. I remember. I remember. I remember you're -- I always, Johnny, I always remember your passion, and you have to excuse me because I even wanted you -- to kick you out of the board in downtown Miami, but, you know, my issue here is very simple. I think that first we should send a message to the people of Miami that we intend to as we get more resources, to reduce their burden, and that we can do by slightly reducing the millage, and, second, we can also send a message to the people of Miami that services will not be eliminated. This issue with the 16 or 13 positions in the NET office is not something that, you know, you want to have a fit about it. It is to stop a pattern. We had a meeting with the Police Department. Lieutenant Caceres was there Tuesday afternoon, one block from my house -- actually, in the corner of my house, Crime Watch. There were about 60 or to 70 people, and the people were there because they heard that the -- you know, we told them about the meeting and the serial rapist and all that. Main issue: Serial rapist in Shenandoah. I live in Shenandoah. Second issue: Why you guys took the police off the NET offices? They were complaining, so, Commander Janis explained and explained and did some -- but the people thought that they were sort of disenfranchised by the police taking the commanders or the police officer from the NET, even though the NROs (Neighborhood Resource Officers) are still there. Now, we are taking these people that took, for many years or so, month report and it's a pattern. What the message that we're sending to the people of Miami is that we are cutting services. Mind you, the decision may be a brilliant one. It may work but it is about perception. It is about a reduction in services. The people will no longer see a lady sitting at the NET Office filling report, and -- 261 September 11, 2003 Mr. Arriola: That's not true. That is absolutely not true, sir. What I said that we couldn't hire the 16 people. That service that we're providing will remain at the NET. My issue, Commissioner -- and you have to understand this -- I mean, my heart breaks for the 16 people, but the truth is that if you go to every one of our NET offices -- Commissioner Regalado: Well, why -- what -- when I said -- when I -- what I said is the information I received, so, you don't have to say that I'm lying. Chairman Winton: He didn't say you -- Mr. Arriola: I didn't say you were lying. Commissioner Regalado: You said it's not true, which is similar, and let me tell you something. It was your information -- Chairman Winton: Commissioner Regalado. Commissioner Regalado: -- that the -- that I got -- no, no. OK. If you don't like it -- I mean -- Joe, if you don't got it -- you don't have to be rude with people. You don't have to say that I'm - - you know, I'm being pleasant. I'm being pleasant. I said that it's a service that -- and said that it's not true. Well, the information that I have was that the service was to be discontinued, so somebody in your government gave me bad information. Because, look, I'm a journalist. I go by facts. I don't use bad information, so the service may continue. Fine. The service will be continued. That is important. I thank you very much, but still, my issue is, that if we have money to bring people that we sure need to do this or to do that, if we have money to hire a consultant for the FTAA (Free Trade Area of the Americas) meeting, which we should, for a hundred and $125,000 Ambassador Lauredo, then we should find money to get these ladies, which by the way, all of them are Miami -- City of Miami residents, working, so that's -- that is my issue. I thank you for correcting me that the service will not be discontinued, but the information that your government gave me was that the service was going to be discontinued. I do not deal with rumors. I deal with facts. Whatever I say here is fact, and that's the information I got, so, you know, I'm ready to vote. One question I have for the City Attorney -- Chairman Winton: Hold on. Commissioner Sanchez has a couple of things he wants to ask, also -- Commissioner Regalado: Sure. Vice Chairman Winton: -- before we vote. Commissioner Regalado: No, one question I have for the City Attorney. We have to also approve the DDA (Downtown Development Authority) and the Virginia Beach Trust. Mr. Vilarello: Yes. Bayfront Park. 262 September 11, 2003 Commissioner Regalado: Yeah. Mr. Vilarello: A series of -- Commissioner Regalado: No. My question is, can we -- can this board approve those budgets and reject the general fund budget? Mr. Vilarello: Well, actually, I was going to ask the Chairman an opportunity to address that issue because there might be a misunderstanding. You certainly have no obligation to adopt the budget that's been presented to you, but before you conclude this meeting, you are obligated, under State law, to adopt a budget and adopt a millage -- a tentative budget and a tentative millage rate. Commissioner Regalado: I know that, but I'm asking, should we decide not to approve the budget, as a gesture of support to those agencies, can we vote for those budgets, or first we have to take -- do the main budget? Mr. Vilarello: Your only obligation is, before you conclude this meeting -- Commissioner Regalado: The millage. Mr. Vilarello: -- to adopt a millage rate and adopt a tentative budget. You can set this item aside and address those other issues, some are dependent on the City's budget , so -- Chairman Winton: Some are not. Mr. Vilarello: -- to that extent, Mr. Spring will advise you that it's a dependent budget. Chairman Winton: OK. Commissioner Sanchez. Commissioner Sanchez: Yes. We have someone -- is Mr. Handheld here, please, from the CIP (Civilian Investigative Panel)? Mr. Handheld, I -- while looking through the budget, I had some concerns with the budget pertaining to the Civilian Investigative Panel. Being that it's projected at 74 percent personnel, if you look at the projections from the year FY -2001, the actual was 240. FY -2002 actual was 250. FY -2003 adopted was 411. 2003 amended was two four fourteen, and then the estimated for this year is six hundred and seventy-four thousand. Looking at the total positions, I see here eight unclassified positions. My question to you is, do you really need that much staff? And let me be -- before I go, let me just -- I have the utmost respect for the hard work that the volunteers at the CIP are doing. I want to get that. I support the concept. I had some concerns as to implementing it and putting it together to make sure that it was set out fairly and justified to do what was originally the law was intended to do, and I also don't want to fund you to fail. I want you to understand that, because I know you're going to bring that up, but I'm a bit concerned that 74 percent of the budget is in personnel and you're looking at eight positions right off the bat. One, an Executive Director is a big concern when you have already a Director. Maybe, next year, down the line, maybe you do need an Executive Director, and we could entertain that next year's budget. The other thing -- 263 September 11, 2003 Vice Chairman Teele: Joe, the Charter amendment requires they have an Executive Director. Commissioner Sanchez: It does? Vice Chairman Teele: Yeah. Larry Handfield: Yes. Vice Chairman Teele: It requires that they have a general -- an Executive Director and general counsel. Commissioner Sanchez: Yeah, but they have -- Mr. Handfield: All of these positions -- Larry Handfield, 47 -- Commissioner Sanchez: All the positions are there -- Mr. Handfield: All the -- Commissioner Sanchez: Including Community Relations? They can't use the CRB (Community Relations Board)? Vice Chairman Teele: I'm only telling you that in the Charter provision that we wrote -- because there's a very delicate balance between the role of the Executive Director and the role of the general counsel -- Commissioner Sanchez: No, no, no. You have an Executive Director, an Assistant Executive Director -- Vice Chairman Teele: I didn't -- Commissioner Sanchez: Well, that's what I want to get to. There is -- I know that you've got to have an Executive Director. I said in the -- maybe -- I apologize if I didn't say it. An Assistant Executive Director I question that maybe you don't need it for this year. Maybe next year or, you know, let's say that you were overwhelmed with work and maybe next year you justify to having an Assistant Executive Director, and then you also have a position of community relations. I mean, we have a CRB that is very involved in our community. Maybe we could have one of them involved, you know, in the process that isn't going to cost us -- or isn't going to cost the Civilian Investigative Panel, so I'm just looking at ways where -- look, I don't want this to be as a runaway budget that you're going to start off the way it's going in a pattern $670,000. Next year it'll be 850. Next year it'll be one, you know. I don't want to start that pattern here so, you know, I just want to maybe hear from you if there's some way that maybe you can reduce the budget. 264 September 11, 2003 Mr. Handfield: Thank you very much, Commissioner. First of all, I think it is important for the record to be clear that only about two hundred and some thousand dollars is being added to the present budget. Second of all, we spent substantial amount of time with the City Manager's office, the Budget Director, going over this budget, painstakingly reducing it, but also recognizing that we have to be given an opportunity to discharge the duties that the citizens of the City of Miami and this Commission has put forth, and when you look at the personnel that we have, to cut it any further would just make it impossible for us to really do the job that everyone is waiting for us to do. There is work to be done. This is not a situation where a budget that was created without any thought process went into it. We spent the -- this budget was cut, was cut, was cut, and it was agreed upon by putting in a lot of time that in order for us to be able to at least be successful in doing the job that is -- that we have work to do. This is a situation where we are inheriting situations. There's already work to be done but have not been in a position to do it, but, in answering your questions, all of the positions -- I can submit to you, as Chairman of the Police Oversight Board, we believe that they are necessary for us to be able to deal with this task running, and I don't believe that there is no fact to it if the question is -- because we reduced -- the fact we went through a whole process in cutting and reducing those things that we thought, considering the financial situation, but without tying our hands from being accountable to the Commission, as well as to the citizens, and eyes are all on this board to make sure that we do what's expected. Commissioner Sanchez: Mr. Handfield, out of curiosity, where did you start negotiating this budget? Mr. Handfield: The budget -- the first budget that we submitted was approximately -- it was about -- it was $1,077,000. Commissioner Sanchez: A million, seventy-seven dollars? Mr. Handfield: Yes. Commissioner Sanchez: OK. Mr. Handfield: It was reduced three times. Commissioner Sanchez: And how many positions? How many positions? Was it the eight positions or was it more positions? Mr. Handfield: No. There were about ten positions. Commissioner Sanchez: Ten positions. Mr. Handfield: We -- Commissioner Sanchez: What -- 265 September 11, 2003 Mr. Handfield: -- eliminated the positions. We met at least three times with the City Manager's Office, fine tuned the budget, even further reduced, so it was cut at least three times, and then, finally, it was all agreed upon. Commissioner Sanchez: How many cases or how many inquiries or how many cases are you handling right now? Mr. Handfield: Well, we're waiting to get started -- Commissioner Sanchez: To get started. Mr. Handfield: -- but presently, we have about -- Chairman Winton: How many in the pipeline? Commissioner Sanchez: How many in the pipeline? Mr. Handfield: IA (Internal Affairs) has about 500 waiting. We have presently about 30. Commissioner Sanchez: Excuse me. How many? Thirty? Mr. Handfield: Combined, probably about 530 -- about 530 some cases. Chairman Winton: But you have 30 ready to go. Is that what you said? Commissioner Sanchez: OK. Listen, I just wanted to give you the opportunity -- I know you went to the office and you met with my staff. I wanted to give you the opportunity to, basically, justify your budget or what you're requesting. Mr. Handfield: I submit to you that we spent a substantial amount of time and I can assure you that the budget is in line. The budget is one that we believe we will be able to discharge our duties, but if the budget was cut, it was just be -- further, it would just be (INAUDIBLE) us. Commissioner Sanchez: I understand, you know. There's a starting point for every budget. Mr. Handfield: Right. Commissioner Sanchez: I mean, you start at one point, and then, of course, with the added on expenses of every year occurrence, that budget grows, and so my concern is, this year it's $664,000 -- Mr. Handfield: This year it's an additional -- Commissioner Sanchez: -- and next year, it'll probably be somewhere in the ballpark of 850, but that's irrelevant. 266 September 11, 2003 Mr. Handheld: But the only -- just keep in mind that when you look at the true figure, there's an additional two hundred and some thousand this year, not six hundred and some. Commissioner Sanchez: I understand. Mr. Handheld: OK. Commissioner Sanchez: But the pattern itself, from 2001, $240,000 to current estimated budget for 2004, 674,000, and I just wanted to give you an opportunity, and you've done it very professionally and eloquently and I admire that. Mr. Handheld: Thank you. Commissioner Sanchez: Thank you. Mr. Handheld: Thank you, sir. (INAUDIBLE COMMENT) Chairman Winton: Sorry, can't hear you. Mr. Handheld: Mr. Chairman, if there are no other questions, I thank you. Chairman Winton: No, I think we're done. Thank you very much. Appreciate it. Mr. Handheld: Thank you. Chairman Winton: Well, I think we're at a point now where, it seems to me, we can start moving through the steps here, so Commissioner Teele, are you ready for some action or are you ready for more discussion? Vice Chairman Teele: No. I don't think we need to discuss this. I mean, I just think that the Commissioners need to -- Commissioner Sanchez: I agree with you. I think that we basically -- Vice Chairman Teele: We need to say where we want to be on this thing. Commissioner Sanchez: Where we want to be. I mean, do we want to -- where do we want reductions? Where do we want to cut? I mean -- the one thing, Commissioner Teele, is that, you know, I have not been fully educated on the issue of the 50 CIP positions on the CIP and then the Public Works. We haven't addressed the issue of the CIP -- I mean, the Information Technology positions and the positions in the Police Department pertaining to computers and technology. I mean, there's a lot of questions haven't been answered. Vice Chairman Teele: Joe, they didn't come to you and explain to you that there are literally -- 267 September 11, 2003 Commissioner Sanchez: Commissioner. Vice Chairman Teele: -- no new positions in CIP? Commissioner Sanchez: No. My understanding is there -- the numbers are 50 -- I'll show you right here. Let's -- Vice Chairman Teele: How many of those 50 CIP positions are new positions, and not rearrangements and transfers from Public Works and this, that, and the other? Chairman Winton: Yes, sir, Mr. -- Commissioner Sanchez: Well, if there is, at least me, they haven't advised me on it. I mean, I'm not comfortable with it. Vice Chairman Teele: I mean, I went to them and asked them -- Chairman Winton: So did I. Vice Chairman Teele: -- because you raised the question. Commissioner Sanchez: And I'm not -- Chairman Winton: You raised the question I asked. Commissioner Sanchez: And I'm not going to sit here and approve a budget that I'm not comfortable with. Commissioner Gonzalez: No communication at all. Vice Chairman Teele: How many of the 55 -- how many positions do you have in your budget, Jorge? Jorge Cano (Director, Capital Improvement Projects): There are 50 positions, Commissioner. Vice Chairman Teele: How many of those are new positions? Mr. Cano: There's nothing new. All of these are authorized positions from when the CIP Department was created over a year ago, and when the CIP Department was created, engineers and architects from the Public Works Department were transferred, and that's how the Capital Improvements Department was created, so, when I came on board -- Chairman Winton: Well -- Mr. Cano: -- that organizational structure existed, so we haven't added -- in fact -- 268 September 11, 2003 Chairman Winton: So there's no new positions? Mr. Cano: Presently, I have 39 positions filled -- authorized positions filled and I have 10 vacancies that I have held from filling. Those vacancies include three engineers, two architects, three project managers and one assistant director. Commissioner Sanchez: All right. Mr. Cano: One is -- Commissioner Sanchez: All right. Wait -- Mr. Cano: And I do have one new, because the City of Miami is under obligation to be in compliance with ADA, and we were going to -- Vice Chairman Teele: EDA? Chairman Winton: ADA. Mr. Cano: ADA. Commissioner Sanchez: ADA. Mr. Cano: Americans with Disabilities, so we need to fill a position to work with the construction and architectural barriers and have a person who's in charge of monitoring and reporting on compliance. Commissioner Sanchez: Well, clarify this for me. You have total positions in Public Works, 108 positions. Mr. Cano: Right. Commissioner Sanchez: A hundred and eight positions based on the facts and records you present us. A hundred and eight positions, correct? Mr. Cano: Right. Commissioner Gonzalez: Public Works. Commissioner Sanchez: Public Works. How many did you have -- Chairman Winton: Y' all make -- Commissioner Sanchez: -- there -- 269 September 11, 2003 Chairman Winton: -- y'all better make sure that you're answering the question -- the right answer. Commissioner Sanchez: It's a simple question. How many -- Chairman Winton: I know it is a simple -- Commissioner Sanchez: -- did you have there last year? Chairman Winton: But they -- Joe, I'm just telling them they need to make sure their facts are straight. Ms. Cuervo -Schreiber: The clarification in the difference of why it looks like more is we were required to fulfill some positions under the NPDES, which is an environmental program, so those new positions, which are ten in Public Works, are as a result of that mandate from last year. Commissioner Sanchez: Fine. Just, OK, listen. Last year, how many positions did you have last year in Public Works? Linda Haskins (Chief Financial Officer): Excuse me, Commissioner. Can I reference you to another page in your budget book? If you look at pages 20 and 21 in the budget book, there's a summary of the changes. There are differences between -- this gives you the actual full-time permanent positions, on pages 20 and 21, by department, so, if you look at page 21, you'll see the increase in the number of people in the Capital Improvement fund from 2003 budget is one, and in Public Works, the -- there's an increase of one person from the 2003 budget in Public Works. Commissioner Sanchez: Linda. Ms. Haskins: Now, the -- Commissioner Sanchez: Let's keep it simple. Ms. Haskins: Yeah. Commissioner Sanchez: Let's just -- hey, listen, I get -- you confuse me. All right. Keep it simple. Public Works last year, how many positions before the CIP was created? Just with shifting positions -- I mean, come on. Let's -- Vice Chairman Teele: Ask the old Public Works Director. Commissioner Sanchez: Somebody's got -- Vice Chairman Teele: How many authorized and how many field? 270 September 11, 2003 Ms. Haskins: Before the CIP was authorized, the 2002-2003 adopted positions were 84 plus 45, which would be 129 for the two combined departments. Commissioner Sanchez: One hundred and twenty-nine. OK. Now you have a hundred and eight, so what you're telling me is, those positions -- all of those positions went over to CIP? Chairman Winton: Which is only 21. Vice Chairman Teele: No. Commissioner Sanchez: Well that's what they're telling me. That's what they're telling me. Vice Chairman Teele: No. There's still a Public Works Department and there's a CIP Department. Ms. Haskins: No. The CIP Department has, in the current budget, 48 full-time positions, and the Public Works Department has 95 full-time positions. The difference from your numbers are full- time equivalents for temporary employees. Chairman Winton: Huh? Commissioner Sanchez: Have you figured it out? Because I have not figured it out. Chairman Winton: I don't understand that at all. (INAUDIBLE) Commissioner Sanchez: Look, I'm going to be very honest with you. I'm not -- I can't. I haven't figured -- maybe I'm -- Chairman Winton: And I'll tell you what bothers me, Mr. Manager, is we knew this was coming. He asked the question last time. Y'all came and answered the question to me. I am absolutely shocked that y'all don't have this answer black and white and down pat, and answered for him before this. I mean, I'm the guy sitting up here working real hard to try -- you know, and I mean, this -- I don't get it. Commissioner Regalado: Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Regalado: Well, I'm ready to offer some ideas. I don't have to leave here until about 3:15 a.m. because I got to go to work at -- so I have no problem, so let me give you some ideas. I think that there is a will or a consensus in the City Commission to send a message - the same one, by the way, that the Mayor gave in his budget address -- that to send a message to the people of Miami that this government, while maintaining services, is trying to reduce taxes and fees. Since we cannot -- now there are no votes to eliminate the fire fee, I think that by reducing the current rate of 8.7625 mills to 8.6 even mills, although it's a modest, very modest reduction, we will be sending a message that the will of this Commission is to, every year, do more for the 271 September 11, 2003 residents, in terms of services and in terms of taxes and fees. The other suggestion is that to show that we are maintaining the amount of services, we find funding and placement, like Commissioner Teele said, for these employees that will be laid off when the administration decided to assign that service to other persons, and that the NET restructure plan will be stopped for now in order to have several months to see how those office really work and the needs of the residents. That, to me, are not extraordinary things. They're things that can be done, and, you know, they're some suggestions for the members of the board. Chairman Winton: Commissioner -- Mr. City Attorney, we have volunteers here from the Virginia Key Park Trust. Can we vote on what we need to vote on relative to that trust now? Commissioner Regalado: That's what I asked. That's what I asked from the beginning that if we could -- Chairman Winton: Well, I know. I'm -- Commissioner Regalado: -- do that before -- Chairman Winton: -- right -- so -- Mr. Vilarello: It's a dependent budget, but if -- you can certainly address whether or not any of you have any concerns with regard to the budget which is presented, and if you have no concerns, then you can let the trust members go home. 79. APPROVE $1,181,833 IN GENERAL OPERATING FUNDS FOR VIRGINIA KEY BEACH PARK TRUST FOR FY 2003-2004. Chairman Winton: Well, if somebody would make a motion, then we'll find out if there's support. Vice Chairman Teele: I so move. What's the item number, Virginia Key Trust? Alejandro Vilarello (City Attorney): It's a line item within our -- Larry Spring (Chief of Strategic Planning, Budgeting & Performance): It's a line item within this budget. Mr. Vilarello: -- City budget. Vice Chairman Teele: Are you all on the agenda as a budget approval? Chairman Winton: Yes, they are. Commissioner Regalado: Yeah, they're here. Chairman Winton: They're on here as a budget -- they're in -- 272 September 11, 2003 Mr. Vilarello: Item 55. Vice Chairman Teele: 55. I move Item 55, further providing that the general fund application, as it relates to the Virginia Key Trust, will be held harmless as it relates to that budget. Chairman Winton: So that's a motion. We need a second. Commissioner Regalado: Second. Chairman Winton: Second. Any discussion on that item? Vice Chairman Teele: I would ask that the capital improvement people, the Parks director and the Budget people, meet with the staff of the Virginia Key Trust, and make sure that we're straight on this swap and what's got to happen, and make sure that the Manager is fully aware of it because if you're going to go before the Parks Advisory Board, you really need to have the Manager to come through that meeting and -- so that it's clear that this is a -- you know, it's a City process, but there's an issue there where we're trying to swap some beach re -nourishment money for something to get the storm -- the utilities, sewage, right? Mr. Spring: Yes. Vice Chairman Teele: And you all have accommodated them, is that right? Mr. Spring: Yes, we have, sir. Vice Chairman Teele: OK. Well, they weren't clear on that today. Chairman Winton: OK. We have a -- Commissioner Regalado: The budget is a million -- how much is the budget? Chairman Winton: One, one, eight, one, eight, thirty-three. Commissioner Sanchez: We're voting on the -- Vice Chairman Teele: 55, Virginia Key Trust. Chairman Winton: Yeah, we're moving it. Commissioner Regalado: The budget is 1,181,000. Chairman Winton: Eight hundred and thirty-three dollars. Any further discussion on item -- ? Commissioner Regalado: The first proposal of the million was 700,000? Was it -- that figure mentioned? 273 September 11, 2003 Mr. Spring: That was -- that figure is a portion of the budget. It wasn't the entire. That 700,000 is reflected of the addition in the funding of their operational budget. There's an additional rollover of about $400,000 that's included in there as well. Commissioner Regalado: OK. Vice Chairman Teele: Budget's always a public hearing. Commissioner Regalado: I'm ready to vote, Mr. Chairman. Commissioner Sanchez: Call the question. Chairman Winton: Well, Mr. City Attorney, is this -- Mr. Vilarello: Item 55. Chairman Winton: -- vote itself public hearing? I thought we did the public hearing at the beginning. Mr. Vilarello: Well, you had a public hearing on the budget and the millage rate. Item 55 is a separate item. Chairman Winton: So it's a public hearing? Mr. Vilarello: Commissioner, technically, it's not a public hearing because part of the budget -- if you wish to consider the public, that's fine, but it's not -- Chairman Winton: Go ahead, please. Mr. Vilarello: -- legally required as a public hearing. Chairman Winton: Just briefly, please. Rosa Green: If it's not for the public -- it's not a public hearing. What I'm saying is not going to have any meaning? Chairman Winton: Well, you're saying, and then we're going to hear it, so -- Ms. Green: OK. Well -- Chairman Winton: But be brief, please. Ms. Green: -- all due respect to -- Commissioner Sanchez: Name. 274 September 11, 2003 Ms. Green: -- Ms. Athalie Range and her -- Chairman Winton: We need your name and address, please. Ms. Green: Oh, I'm sorry. Rosa Green, 415 Northwest 6th Street. All due respect to the Virginia Key Park Trust, I must say I'm a pioneer of Miami. I've been around here for quite some time and I don't know how far you've gotten, but paramount to everything instead of a beach and swimming and parks, I see that -- look like we're going to be a city of parks and parking, and for it not to be a theme park, and spending that kind of money when we have 43,000 second graders -- and I know you might say you don't have the money -- that didn't -- couldn't pass the FCAT (Florida Comprehensive Achievement Test), and we got hundreds of seniors -- I think what's paramount, any money that you can take out of the general fund should go to educating or doing something or rebuilding. I could see it if you were rebuilding Overtown. A lot of these people came from Overtown because there were no Liberty City, Opa Locka, and all those other little places. Well, it was Liberty City, but I mean, Opa Locka and Carol City, and let me tell you. Virginia Key Beach didn't work because we have one bridge there, Rickenbacker. When it was first -- it's -- first I knew about it, 1945, I was a teenager. We caught a boat over there for $0.50. Now, more people are on Key Biscayne, and that marina thing that they spent a lot of money to build didn't work, and why with us being the poorest, according to your -- somebody's statistics, poorest large city in the United States, will we be spending this kind of money and most of the children can't even swim? We need to use these small parks or these parks -- I mean, small pools to these parks and first spend some money to teach them how to swim. Chairman Winton: OK. Thank you. Ms. Green: Thank you for listening. Chairman Winton: You're welcome. Ms. Green: And consider that. Chairman Winton: Now -- Ms. Green: You guys are supposed to be smart. Chairman Winton: OK. We have a motion and a second. Do we have further discussion? I won't respond. We have a motion and a second. Do we have further discussion on Item 55? If not, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Opposed? Motion carries. 275 September 11, 2003 The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-1013 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE REQUEST OF VIRGINIA KEY BEACH PARK TRUST ("TRUST") FOR FUNDS, IN THE AMOUNT OF $1,181,833, TO FUND THE TRUST'S GENERAL OPERATING BUDGET FOR FISCAL YEAR BEGINNING OCTOBER 1, 2003 THROUGH SEPTEMBER 30, 2004; AND DIRECTING THE CITY MANAGER TO TRANSFER SAID FUNDS FROM THE CITY OF MIAMI'S GENERAL OPERATING BUDGET, FOR SAID PURPOSE. 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. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: I don't want -- I didn't want to debate, but let me just say this. This is the City of Miami Commission. By Constitution, we are a municipality. There is something called the Miami -Dade County School Board. They levy more taxes by a multiple of five than the City does. They are responsible for education. We are concerned about education, but I do think it's really important that the citizens understand that the City of Miami is responsible for municipal services, Fire, Police, streets and parks, primarily, among other areas, and I don't mean any disrespect to any person in the public who wants to come up, but it's really important -- you could make the same argument about health. We need to put money aside -- more money for health care, but that is not our responsibility. That's the Miami -Dade County Commission's responsibility, and I don't want Ms. Green or anyone to think we're not listening to them, but we're dealing with the City budget now, and we are not in a position to take City money and start solving state problems or federal problems or county problems, and if we can cooperate on after school programs, then we're going to do that, but I just think that needs to be put on the record -- Chairman Winton: Well put. 276 September 11, 2003 Vice Chairman Teele: -- and I really appreciate Ms. Range and all the people that are here not coming up and getting into a long debate about this. Chairman Winton: Well put, Commissioner Teele. Thank you. 80. FIRST READING ORDINANCE: DEFINING AND DESIGNATING THE TERRITORIAL LIMITS FOR THE CITY OF MIAMI FOR THE PURPOSE OF TAXATION; FIXING THE MILLAGE AND LEVYING TAXES IN THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004. FIRST READING ORDINANCE: MAKING APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY REQUIREMENTS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2004. Chairman Winton: All right. Back to Item 47. Larry Spring (Chief of Strategic Planning, Budget and Performance): Commissioner. Vice Chairman Teele: Is there any -- Mr. Spring: Excuse me. I'm sorry. Commissioner, I have -- do -- I have an answer for Commissioner Sanchez's question regarding Public Works and the CIP (Capital Improvement Programs) split. In the 2001-2002 budget, you had a total of 120 positions, all in the Public Works Department. In your adopted 2002-2003, you split out 84 positions -- I mean, excuse me -- 45 positions out of that number, and it was a total increase of nine. Nine total between your two -- your old Public Works Department and the split between your CIP and Public Works. Chairman Winton: Give us actual numbers. Vice Chairman Teele: A net of nine new positions. Mr. Spring: A net of nine new positions. Chairman Winton: Give me the math that shows me a net of nine. Mr. Spring: Twenty -- if you take 120 positions -- Chairman Winton: Yeah. Commissioner Sanchez: A hundred and twenty positions or a hundred and twenty-six positions? Mr. Spring: According to the 2001-2002 budget book that I have here, it's 120 positions. Commissioner Sanchez: A hundred and twenty positions. Chairman Winton: OK, 120. Now what's the number of -- 277 September 11, 2003 Mr. Spring: To your 2002 -- Chairman Winton: -- positions in each of the two now? Mr. Spring: -- adopted, you have 84 plus 45. That's 209. I mean, 229. Unidentified Speaker: One twenty. Mr. Spring: One twenty-nine, I'm sorry. One twenty-nine, so that's nine new positions between your 2001 and your 2002 and the initial split -- in your initial split. Vice Chairman Teele: Now, Larry, somebody's not helping you all out right, and the staff need to be cooperative. Because I know two people from Economic Development -- what's the lady's name who did a great j ob? I asked who wrote it. Chairman Winton: Yeah. Vice Chairman Teele: Diane -- Commissioner Gonzalez: Diane. Vice Chairman Teele: See, now, Diane's not Public Works, so that position came over from Economic Development or wherever she was, and then you have the landscape architect, who was in Planning and Economic Development -- is he with you now? He's not with you now? Chairman Winton: Well, is Diane? Vice Chairman Teele: Is Diane with you now? But she wasn't in Public Works. Chairman Winton: She was in Real Estate and Economic Development. Vice Chairman Teele: Real Estate and Economic Development. Chairman Winton: Yeah, that (INAUDIBLE) it down to eight. Vice Chairman Teele: So somebody needs to come forward with all of these positions and all that so that this information is clear. Commissioner Sanchez: That's what I've yet to figure out. Mr. Arriola: This is 2001-2002. Vice Chairman Teele: Huh? Mr. Arriola: This is 2001-2002 change. 278 September 11, 2003 Vice Chairman Teele: Yeah, but we're -- he's looking strictly at Public Works, and what I'm saying is that somebody needs -- Chairman Winton: Not just Public Works. Vice Chairman Teele: -- to take a fast look. Who's your assistant? Jorge Cano (Director, Capital Improvement Programs): I have two chiefs. Vice Chairman Teele: Who's your staff assistant -- administrative assistant? Mr. Cano: Gia Smith. Vice Chairman Teele: Well, Gia wasn't in Public Works. Mr. Cano: Right. Vice Chairman Teele: OK. See, what I'm trying to tell you -- Chairman Winton: Where was she? Vice Chairman Teele: I'm trying to help you out. Mr. Cano: Yes. Vice Chairman Teele: What I'm telling you is, there's two positions that I've identified that were not in Public Works that are not new positions. Gia was in the Manager's office and came over, and Diane was in Economic -- Real Estate and Economic Development, but these are not new positions created over and above an approved budget, and there probably somebody else in there that I don't even know about. I mean, I don't know your department, but -- Chairman Winton: OK, so, anyhow -- Mr. Cano: Commissioner, if I may address that. The CIP Department started with 45 positions when it was formed in 2003. Additional positions came from the outside to take the total number to 48 authorized positions, OK. The Diane -- position that exists today as Governmental Affairs Administrator, I reclassified a Deputy Director of CIP. There were two Deputy Directors in CIP as it was created, so I didn't add a new position. I reclassified a position to be able to bring Diane Johnson in, so, I -- Chairman Winton: But that -- you know, it doesn't help. Mr. Cano: OK. Chairman Winton: He's trying to do the math from 120 to 129. 279 September 11, 2003 Mr. Cano: Right. Chairman Winton: This level of detail doesn't do anything but further confuse us. Mr. Cano: OK. Chairman Winton: The issue is, is it 120 to 129 or was there 129 to begin with? Because -- Mr. Cano: We'll prepare -- Chairman Winton: -- 9 came from purchase -- one came from Purchasing. One came from Planning, and one came from Real Estate and Economic Development. Mr. Cano: We'll prepare -- Chairman Winton: I mean, that's the question. Mr. Cano: -- a table for you, sir. Chairman Winton: Well, it's a little late. Mr. Cano: OK. Vice Chairman Teele: I mean, the real issue here is -- Chairman Winton: He asked this question at the last meeting. Vice Chairman Teele: The real issue -- and that's what's so frustrating. The real issue here is, I don't think you all have hired that many people, and I'm trying to get the Commission to see that these are not net new hires, and everybody who had another hat, you need to come up with so that it doesn't look like we're hiring new people. Chairman Winton: So, for sure, Joe, we know that it's down from the 50 increase that you thought to nine, and it may be less. Commissioner Sanchez: Fifty? Chairman Winton: Well, you said -- didn't you say -- Vice Chairman Teele: You started out -- Chairman Winton: You started out saying it's 50 new positions. That's what you said when -- at least -- Commissioner Sanchez: Well, it's 50 positions in the CIP. 280 September 11, 2003 Chairman Winton: Yeah, I know. We understand that, but I thought you were saying that it was 50 new positions. Commissioner Sanchez: No, no, no. Chairman Winton: Oh, OK. Commissioner Sanchez: Fifty positions. Chairman Winton: Well, that's what I understood you said. Commissioner Sanchez: Three point seven was the budget, right? Three point seven? Mr. Spring: Three point seven million. Commissioner Sanchez: Fifty positions. Chairman Winton: OK, so now, back to -- Mr. Spring: I would just like to say on the record at this time, we would have to go back and we can take care of that information, get it to you. Go back to our original 2001-2002 position detail and roll it forward for you, including taking out the positions that were transferred from other departments, and give you a new net -- a new position. Commissioner Sanchez: Look, I want to be very clear here, OK. It's not -- all I wanted -- if you could explain it to me or anybody could explain it to me, I'm prepared to accept the explanation, but what I don't want it to see or is, you know, smoke mirrors where you're creating positions and later on you're going to fill them, you know. You need to let us know. I mean, you need 50 positions. You could justify those 50 positions. I could vote on them, but if you can't justify them, I can't approve them. Chairman Winton: OK. It looks -- Vice Chairman Teele: Mr. Chairman, but on that point, I think the really frustrating thing, from just looking at this from a policy point of view, the bond program, which is the 255, is moving at glacier-like speed. On one hand, we're criticizing them to get more money out. They're supposed to come back to us in October or November with a plan to -- on how they're going to spend more money, and on the other hand -- Chairman Winton: You want to cut. Vice Chairman Teele: -- we're doing what we should do, which is examine the level -- the full- time equivalent (INAUDIBLE), but, you know, if you start cutting that department, what you're going to wind up doing is slowing down the projects that we're trying to get out in the street, and 281 September 11, 2003 I'm not criticizing anybody from wanting to know the question, but to me, if they didn't have a program to administer, I would, you know -- but I think we've got -- Commissioner Sanchez: Would you yield on that? Vice Chairman Teele: Sure. Absolutely. Commissioner Sanchez: And that's a very good, valid analogy of the situation, but what you have here is you have Public Works, who, in the past, did all the work. I mean, they did all the streets. They did the public works. Now -- Chairman Winton: Well, let's restate that -- Vice Chairman Teele: (INAUDIBLE) budget of Public Works -- Commissioner Sanchez: I understand, but wait, and now, the CIP -- Chairman Winton: They didn't do any work, by the way. Commissioner Sanchez: Huh? Chairman Winton: They didn't do any work in the past, by the way. Mr. Arriola: Let me explain something for a second, and we are totally unprepared, and for that, I really apologize. The problem is that we prepared for a budget 2003-2004 and a lot of these changes that you're asking, with every right in the world, happened 2001 to 2002. They switched the departments. I'll be very honest with you, and, you know, we tried it and we worked it. Basically, the thing is they didn't work. You know, we tried to put both departments together. At the end of the day, we have decided that the best way is to have a strong Public Works Department and a strong CIP Department, and I will bring you the figures, but if you were to look at the numbers from 2003 to 2004, which is really what we have a history, you will find that was only -- the only positions that were added was one person in each department. Chairman Winton: And I would like to make another point about that. If you go back to the -- to one of the slides in one of the presentations -- Mr. Arriola: And -- Chairman Winton: I -- excuse me. I think the number of projects that we completed in Capital Improvements this past year was thirteen and a half million, or some number like that. The projected completions this year are 70 million, so for once -- Mr. Arriola: More. Chairman Winton: -- we're getting stuff -- the number was 70 million, and so, for once, we've got stuff really coming in the pipeline, and we're really going to get stuff done and that our 282 September 11, 2003 citizens are going to recognize and see and appreciate that we're getting it done, but you can't do it without staff. Mr. Arriola: Commissioner, and even those two positions -- and I will get clarification for you -- are not people that we went out and -- additional people. You will find that they were people that we actually transferred from another department into those departments. Now, we should have given you a history of 2001 to 2002. I didn't have that, and for that I apologize, but if you look at the actual numbers from three to four, it's two new positions. That also includes a lot of people that we transferred from other departments to fill some of those positions, but that's -- Chairman Winton: Yeah. Well -- Mr. Arriola: Figure two -- Chairman Winton: -- too bad you guys couldn't figure that out sooner and get him the information upfront. Mr. Arriola: But if you figure in your mind that we've added two people, one in each department, that's fine, and again, I will tell you that the amount of work that is being put through there is -- Chairman Winton: OK. Mr. Arriola: --considerable. Chairman Winton: Actions by the City Commission. First action is to amend the tentative budget, if necessary. We either adopt it or we change it. That's our first action here, so -- Vice Chairman Teele: I would, respectfully, say the first item really ought to be the millage rate. Because once you do the millage rate -- Commissioner Sanchez: Yeah. Vice Chairman Teele: -- you know, you'll make every -- you know, if we can get a consensus on a millage rate, we can get -- then everybody's sort of bought into the fact that you've got to make the numbers -- Commissioner Sanchez: I think -- Vice Chairman Teele: -- fit within. Commissioner Sanchez: I think there is a consensus on the millage rate. Chairman Winton: There is? What is it? Help me. Commissioner Sanchez: I mean, we -- 283 September 11, 2003 Chairman Winton: I haven't heard it. Commissioner Sanchez: I think there is support for the -- Commissioner Regalado: I propose to reduce -- Commissioner Sanchez: -- for the current millage rate. Commissioner Regalado: -- to reduce the millage rate in a merry -- in a very modest way because it sends a positive message. That's what I propose. I am -- you know, we can go -- we cannot go higher, so we can only go down. Chairman Winton: If you go -- if you take -- Commissioner Regalado: It's either we do it -- Chairman Winton: If you take the millage from 8.76 to 8.6, what's that dollar amount? Mr. Spring: Approximately, $2.5 million. Chairman Winton: Two point five million dollars that has to come out of the budget. Commissioner Sanchez: All right. Well, hey, it's time to fish or cut bait. Chairman Winton: Well, I will tell you -- because I haven't spoke on this yet -- where I stand, and that is that but for the fact that we had this huge hit to the pension fund, the fact of the matter is, we'd be at a number well below 8.6 this year. In addition to that, we have a brand new management team that, in spite of some of these hiccups that they're going to learn to get straight, they're working their rear ends off to really make this whole thing work, and sometimes maybe I'm a little too trusting, but I grew up in an environment where -- at least the environment that I came out of -- you gave people a task. You held their feet to the fire and if they don't perform, they get their rear end kicked. If they do perform, from a management standpoint, that's what you're paying them to do, and so you want them to do it. From my view, I think there's a lot of tinkering that can be done with the budget, but I said this last time. I think that not only a tinkering, but I'm suspecting that we're going to see a significant overhaul in this budget next year because management is so new with so many good people that they're not prepared to do the major overhaul this year, and while, Commissioner Regalado, maybe there's $2.5 million to be cut, maybe there isn't $2.5 million that can be cut rationally in the timeframe that we have to cut it and we may pay some penalties that we really don't want to pay at a time when we're really on a roll in this City, and so, my view is, we don't mess with it; that we leave it where it is, and we hold the Manager's feet to the fire, and we give him the opportunity to perform, and we count on him coming back next year with something that's going to be very different, and there's going to be a number of different steps to that. First of all, it's going to be an overhaul budget, but secondly, and probably more important -- and I'll put it top -- he's going to spend a hell of a lot more time, before we get to the budget hearing, with each of these 284 September 11, 2003 Commissioners to talk about plans. Get your thoughts, get your input and then come forward with a plan, based on your input first. Not in the workshop, but in individual sessions. Then maybe we could go to the workshop, so, my view here is that we give this management team that's brand new an opportunity to perform and we don't make some decision tonight that arbitrarily cuts the budget in areas that may not work for us in terms of where we're going. I think we are sending the public a message. We have reduced our millage rate. We are, in fact -- and there's some problems. We're not -- you know, we're not the best yet. We've got plenty of problems out there. There's a lot of room for improvement, but I think we are sending the public the message that we're committed to making their lives better and better and better, and when you put $70 million out on the street, in terms of real capital improvements that the public is going to see, they're going to feel even better about what we're doing, and if we buy ourselves one more year to really attack this thing and tack it -- and attack it from an informed basis, I think our citizens next year are going to think we're just absolutely outstanding, so my commit -- my vote here is to leave the budget alone, accept the 8.76 mills and move on. Commissioner Sanchez: All right. Chairman Winton: That's my -- Commissioner Sanchez: So move the City Manager's recommendation of the millage. Chairman Winton: Will -- Commissioner -- Vice Chairman Teele: Second for discussion. Chairman Winton: We have a second for discussion. Discussion, and I made my points, so y'all know where I am. Vice Chairman Teele: Are we all going to do this? Commissioner Sanchez: I think we could agree on this one. Commissioner Regalado: Look, let me just say something. I do not have a problem with the millage as it is now. I think that Johnny's right when he says that when people see capital improvement in the street, they will have more faith in government, because the problem is that people do not have faith in government, but the problem is that, you know, it's either 9/11 that hurt the City or the pension money that we have to disperse, but it's not the people's fault. You know, people were not at fault when the City made a mistake on the case. People were not at fault when the City defaulted. It's not the people's fault, so we have to send a message to the people. I do not have any problem in buying one more year. I say that we need to look at the fire fee. We need to look at the millage and we need to -- I do not have a problem with it, but I suggest a modest reduction because you know what? Chairman Winton: Commissioner, could I respond something right there? You said that you could potentially buy into one more year. I will tell you that I will make a commitment right 285 September 11, 2003 here and right now that I'm going to be with you 100 percent next year, in terms of driving our millage down much more significantly next year period. Commissioner Regalado: Two on your case, we're going to -- Mr. Arriola: Well, you know -- Commissioner Regalado: -- drive you crazy next year. Mr. Arriola: It's OK. There's a couple -- let me make a couple -- and I agree with you. Commissioner Regalado: Mr. Manager, let me just finish this. Let me just finish because -- Chairman Winton: Yes, please. Commissioner Regalado. Commissioner Regalado: So I do not have a problem. I think the people of Miami have had a lot of patience in waiting for the government to deliver, and we are delivering. I think that, at least in the district that I represent, 70 percent of the complaints have to do with Public Works and CIP, and it's important to strengthen those departments. I still say that you have the ability to find funding for those people that are going to be laid off. Whether you maintain the service or eliminate the service, I still say that you can find the money. Because if you find the money to buy all these -- Chairman Winton: Could I commit you on that one also, by the way? Another thought on that issue, which I think Commissioner Teele shares philosophically in this point. I think the message ought to be that -- you know, there's a lot of turnover in a city like ours, and it seems to me, the message ought to be -- rather than put those people back in those slots, that you work real -- make a real commitment here to find jobs, within the City of Miami, for as many of those people as you can, and you don't have to do it through added expense, but through job openings that you're going to have to fill, and could we get a commitment in that regard and will that satisfy -- Mr. Arriola: The statement I was going to make was addressing this issue. Two -- you know, you gave me the two fingers. I have no problem -- I would be embarrassed if I could not do that next year. I would really be embarrassed, and I make a commitment right now -- Chairman Winton: Not next year. I mean, he's talking about -- you know, start looking now. Mr. Arriola: But I'm talking about the people -- Chairman Winton: Yeah. Mr. Arriola: -- I'm talking about the people in the future. I have talked. First, it was 13 people, so you know that we didn't sit on our -- even though I'm a very poor communicator, especially when it comes to you all, apparently -- four of those people I think we found jobs for already internally, and I will make a commitment to your right now that I have absolutely zero problem, 286 September 11, 2003 whether I end up transferring some of the people that we were going to retrain for the NET (Neighborhood Enhancement Team) into other positions, but the issue -- you have to understand. When you shove them into departments all of a sudden, they don't get better. They don't find efficiencies. I give you my word that I am going to work very hard getting those 13 people back. I think that we have four positions and I'm going to work very hard, even so I won't even have to retrain, maybe find some of those people -- the excess people I have in the NET to put them someplace else, but you've got to give me breathing room because, otherwise, once they go into another department and once they become part of the workforce, you can't -- you know, it's -- it becomes a real problem. Chairman Winton: But you want to provide the appropriate training for whatever positions you may put them into -- Mr. Arriola: Absolutely. Chairman Winton: -- if they can -- if you can provide training. Mr. Arriola: Absolutely, and I -- Commissioner Regalado: How many part-timers do we have in the City? Mr. Arriola: I don't know that number now. Chairman Winton: A lot. Mr. Arriola: A bunch of them, sir. Chairman Winton: So -- but are you saying that -- Commissioner Regalado: And what is so difficult about these people? Are these people from aliens or what? I mean, I do not understand. Part-timers have been the problem of this City for many, many years. Nobody cares about them. Chairman Winton: Could I come at this one more time? Mr. Manager, can you make a commitment that you're going to work, not by adding to the budget, but through attrition and job openings that exist currently, do your level best to do whatever you -- everything you can to hire as many of those people as possible back into the City? And that includes you may have to retrain some of these people, which we would be happy for you to do. Mr. Arriola: I have no problem making that commit -- I could even give you a timeline, if you want to, if that would satisfy the Commissioner. Commissioner Regalado: That's good enough for you, but not for me. As many as you can is not good enough. Chairman Winton: OK, so pick something. 287 September 11, 2003 Commissioner Regalado: Those people have to go into the system in any department. That's all. Chairman Winton: Well, see -- and I don't necessarily support that because I don't know -- Commissioner Regalado: Look -- Chairman Winton: -- I don't know how good -- I don't know the skill sets of all these people. Commissioner Regalado: OK. Now you touch my point, and this happened several months ago with a mechanic on the fire garage. Now if these people were not producing, were not performing, why then being there for a year? Chairman Winton: Well, that's been typical here. Commissioner Regalado: That mechanic was on probation for two years, and at the end of two years, he was told that he wasn't good enough, and he was fired. See, that's my problem. I don't understand. It doesn't make sense to me. I cannot understand it. I'm too dumb to understand these brilliant things that government do, but I still say that little people get screwed. Chairman Winton: So -- Commissioner Regalado: That's the point. Chairman Winton: So we don't need to belabor this. The point is that that's not acceptable to him and so, you know, we've made an effort here and we move on. Yes, sir, Commissioner Gonzalez. Commissioner Gonzalez: Mr. Manager, we have 478 vacant positions in the City. Chairman Winton: Four hundred and -- Commissioner Gonzalez: Four hundred and seventy-eight vacant positions. Mr. Arriola: Yes, sir. Commissioner Gonzalez: Are we going to fill those positions or are we going to leave them -- ? Mr. Arriola: Hopefully not, sir. Commissioner Gonzalez: We're not? Chairman Winton: "Hopefully not" you're not going to fill any of them? Mr. Arriola: I didn't say that. You're asking me -- 288 September 11, 2003 Chairman Winton: Well -- Mr. Arriola: I will try -- you know, if you want me to -- Chairman Winton: Excuse me. You need to think about the question and don't answer the wrong question. I would suspect, of those four hundred and some positions, there must be some number of those that you plan, through your budget process, to fill. Mr. Arriola: Yes, sir. Absolutely. Chairman Winton: OK. Commissioner Gonzalez: Because, actually, there is -- there are slots in these amount of empty positions to place those people, and in addition to that, if we're not going to fill these positions, then we can really cut the budget or cut taxes. Because -- Chairman Winton: Then, but -- Commissioner Gonzalez: How much will these 478 positions will represent in dollar amount? Mr. Spring: Commissioner Gonzalez -- Commissioner Gonzalez: Probably $10 million. Mr. Spring: Well, my response to the number of vacancies is the following: If that number came directly off of our payroll system, there are temporaries included in that number, and a large number of them that are not going to be filled, that are not budgeted for at all, and they're just old -- it's old data in the system, so I'd have to have the benefit of going through your -- the numbers that you're providing to pull that number out. Commissioner Gonzalez: I don't know how -- Mr. Spring: And I'm pretty confident it's a large number of that four hundred plus -- Mr. Arriola: Are temps. Mr. Spring: -- are temporaries that are in the system. Commissioner Gonzalez: These draft is by department. Mayor's office total vacant positions, 16. Commissioner Sanchez, one. Commissioner Regalado, one. Commissioner Winton, one. Commissioner Gonzalez, zero. Commissioner Teele, three. City Clerk's office, zero. Law Department, five, and so on, and so on. City Manager's office, one position. NET, seven positions. Vice Chairman Teele: I ain't got no three vacancies. 289 September 11, 2003 Commissioner Gonzalez: CIP -- Chairman Winton: Yeah, and I don't have any, by the way, so that speaks to his point. Mr. Spring: And I think you're proving my point there. Commissioner Gonzalez: CIP, ten positions. Chairman Winton: That's part-timers. Mr. Spring: Or temps or -- temps -- I'm pretty certain that those -- some of those positions are temp positions that are not budgeted for and are not going to be filled, and they're still -- the data is still in the system. Commissioner Gonzalez: Well -- Chairman Winton: OK, so -- I'm sorry. I'm sorry. Vice Chairman Teele: If I could go back to Commissioner Sanchez -- Commissioner Gonzalez: City services -- you know, aside from laying off these people, which -- how much is the total amount of salaries on these -- how many are they? Sixteen? Chairman Winton: Thirteen. Mr. Spring: I provided you a report earlier. It was 708,000. Commissioner Gonzalez: Seven hundred and eight thousand. Mr. Spring: Eight thousand with the cost -- Commissioner Gonzalez: Yearly, right? Mr. Spring: Yeah. With the -- Commissioner Gonzalez: Yearly. Mr. Spring: Yearly, yes, sir. Commissioner Gonzalez: Yearly. OK. I just -- and this is part of what I'm talking about. Lack of communication. I just got these. Chairman Winton: I don't know what that is. Commissioner Gonzalez: I just got these, OK. This is a memo from Mark Rosalie to all City Employees List, Subject: GSA (General Services Administration) Director. They just hired a 290 September 11, 2003 director. This is the way that we're notified. You know, fine. At least we're notified. I don't know how much this gentleman is going to make, but I'm sure that this gentleman is going to make over $105,000, over $110,000 a year, plus benefits, which are about 40 percent of the salary, 30 percent or 40 percent of salary, right? So if the person is making 100,000, the person will be costing us $140,000. Mr. Spring: That's correct. Commissioner Gonzalez: So, actually, if my math is right, with four of these positions, you'll cover sixteen employees. Chairman Winton: OK. Here -- let me -- Commissioner Gonzalez: I'm not saying not to hire this man. I don't even know the man. I just go this paper. I don't even know how the man look. Chairman Winton: Let me try -- Commissioner Gonzalez: We hire another person for NET -- for Code Compliance, whatever -- Chairman Winton: Commissioner Gonzalez. Commissioner Gonzalez: -- whatever the position is. I haven't seen the man. Chairman Winton: Commissioner -- Commissioner Gonzalez: I heard the rumor. I heard the rumor that this gentleman is going to be making a hundred and some thousand dollars a year, so there you have -- there you have a quarter of a million dollars in two positions. Chairman Winton: Commissioner Gonzalez. Commissioner Gonzalez: So we're nailing the people down there, the poorest of the poorest, those are the ones that we're nailing. Chairman Winton: Commissioner, let me come at this one more time then. Commissioner Gonzalez: I don't want you to call me a socialist. Chairman Winton: Never. Let me come at this one more time. Because I think I could be wrong here, Commissioner Regalado, but I think that we could maybe get three votes, at least, maybe more, to get this budget passed, if you can do the quick pencil work to figure out how you're going to make a commitment to find spots in the budget, not adding to new costs, to bring these 13 people onboard, in some fashion or another, whether you retrain -- retrain whoever you have to retrain, but get those 13 people back into the pipeline. Get them -- those who you can place, immediately get them placed. Those who need training, you get them training and get 291 September 11, 2003 them brought back into the pipeline. If you make that commitment, it seems to me -- I think I hear that we might be able to get this budget passed. Commissioner Gonzalez: But I didn't finish my point. My point was that I was concerned about these people losing their jobs, but in addition to that, I'm concerned about the citizens not getting the services, and the Manager says that the services are going to -- we're going to be providing the services because the people in NET are going to be providing the services, but if take into consideration Commissioner Regalado's district and my district, West Little Havana, we're not going to have a NET office, so who's going to provide the services that these people provide to those citizens in West Little Havana? Chairman Winton: And, by the way, I'm even worse -- Commissioner Gonzalez: Do they expect me -- Chairman Winton: Right. Commissioner Gonzalez: -- to provide the services? Chairman Winton: I'm losing -- Commissioner Gonzalez: I'd be more than happy to, but I don't think that's my job. Chairman Winton: I'm losing two NET offices so I'm more concerned than you. Commissioner Gonzalez: OK, so -- well, you've got to be concerned, too. Chairman Winton: And so -- and what I told the Manager is he better deliver. Commissioner Gonzalez: Well, no, but the problem -- Chairman Winton: I said you're the Manager -- Commissioner Gonzalez: Yeah, but the problem is not to tell the Manager you better deliver. Because we know what is going to affect -- at least I know what will affect my district, OK, and you know what office is going to get flooded with calls? Chairman Winton: Yeah. Ours. Commissioner Gonzalez: My office, your office, not the Manager's office, OK, and that is a problem. Chairman Winton: Oh, no. It'll be the Manager's office, too, but it'll come to us first and I agree with you completely. Commissioner Gonzalez: But it comes to us first. 292 September 11, 2003 Chairman Winton: But I just told the Manager I'm counting on him being the Manager and getting the job done. That was my position, so, Mr. Manager, can you make that commitment or not? Mr. Arriola: Can you repeat what you said, please? Chairman Winton: Yes. The commitment is that you will find jobs for those 13 individuals who were laid off somewhere in the City. You will find jobs by determining the skill sets of those who can be placed now, and you will retrain those who can be retrained, and we're not going to add to the budget. It's going to be for existing positions. Mr. Arriola: You can't have it both ways. Chairman Winton: Huh? Mr. Arriola: You can't have it both ways. Chairman Winton: What do you mean "both ways?" Mr. Arriola: I mean, if you're asking me to put people -- those people back into the workforce, you are asking me -- Chairman Winton: No. You can't tell me that you have no open positions in this City that you don't intend to fill. Mr. Arriola: Yeah. Absolutely. I absolutely have positions that we're going to fill. What I'm saying to you is, if you give me a time period where we can find -- and, you know, and we're assuming that all 15, or 13, or 16 are people that we want to keep anyway, you know. You're assuming that, and that's a big assumption. Commissioner Sanchez: (INAUDIBLE) Mr. Arriola: You have to have a period of time for us to find positions for them. Chairman Winton: What's the period? Mr. Arriola: Four to six months, something like that. Rosalie Mark: Part of the -- Rosalie Mark, Director of Employee Relations. Part of the dilemma we have is that we are constrained to a certain degree by the Civil Service rules, so one question is whether some of these people will be able to qualify for the positions that may be open right now that do have certain requirements, so we're -- to be able to sit down and assess it and see if they can or can't, if they're not able to qualify for open positions, not sure exactly what kind of commitment we can make as far as protecting all of them, so we're kind of boxed in. We'd like to do it, but it's the same with our current employees that are protected under the contract. 293 September 11, 2003 Chairman Winton: So I understand that answer. Commissioner Gonzalez: Mr. Chairman, that -- you know, that is -- I mean, it's a joke that you're telling me that we don't have positions. You know, what happens is that whenever they want to use their mechanism, OK, they tell you that a guy that cut the grass in the parks is not qualified to cut the grass because the guy doesn't have a Bachelor's degree, OK, and it applies to a person that has been doing that job for ten years, and now they discover that that person that probably makes $7 an hour is not qualified to do the job because he doesn't have a high school diploma or a Bachelor's degree. I mean, it's ridiculous. It is totally unacceptable. It is totally ridiculous, and it's affecting the poor of the poor people, you know. The people that make the less money, the people that have the less protection, those are the people that are being affected, and I'm not a socialist, once again. I'm just a human being. Chairman Winton: I didn't call you one either this time. Ms. Mark: May I comment, Commissioner? Chairman Winton: Yes. Ms. Mark: We have acknowledged, I think, Commissioner Gonzalez, to you and to Commissioner Regalado that we are willing to look at some of the constraints that exist today that prevent people from having the opportunities they think you should. Commissioner Gonzalez: But so far, it hasn't been done, so far, it hasn't been done. Ms. Mark: We thought that we would be able to adjust some of it by releasing some of the constraints of the Civil Service code as it stands today, and we will come back to you and -- with a recommendation, and see if you all are willing to -- Commissioner Gonzalez: But the people doesn't have to be civil service employee. They could be unclassified. Ms. Mark: If they're competing for a full-time permanent Civil Service position, we have to apply the Civil Service rules. Believe me, we would love to be able to waive it, but we can't, so we are -- we're not ignoring this. We're working on it. We'll be back to you with it, but as far as protecting these people, we'll look at it. Do the best we can. Chairman Winton: OK. I think we have our answer, so we have a motion and a second on the floor. Do we have any -- Commissioner Sanchez: Call the -- no further discussion. Call the question. On the millage rate. Chairman Winton: This is on the millage rate. 294 September 11, 2003 Commissioner Regalado: Let me just ask this because this is a -- the whole discussion here is because the grant is over, right? Chairman Winton: Right. Commissioner Regalado: But there are three that are marked here that will have like a rollback, so it means that they were working before in the City? Mr. Spring: Correct. They were previously City employees who went into this -- Commissioner Regalado: And they were transferred -- Mr. Spring: -- position. Commissioner Regalado: -- because the grant money was easier to use, and -- Mr. Spring: It was probably a promotion from where they were before. Because, as you can see, some of those have been working here -- a couple of them since '93 and '95, so you're talking about over ten years. Commissioner Regalado: But they do even get health insurance, right? Mr. Spring: Absolutely, sir. Commissioner Regalado: And why the part-timers don't get health insurance? Chairman Winton: Why, what? Commissioner Regalado: The part-timers. Chairman Winton: I didn't understand the question. Why -- Commissioner Regalado: I'm asking -- well, he knows what I'm asking. I'm saying, these people -- I mean, the former Manager, not you, but the former Manager knew that this grant was going to run out, and these people were hired, also health insurance and FICA (Federal Insurance Contribution Act) and everything and now, you know, they're throwing the water, the baby, everything out of the window, and you see, now they have a bigger problem. Because after getting health insurance, the four month or five month that the administration needs to figure out where to place these people, well, they will probably apply for unemployment. Unemployment kicks in at the fourth week, I think, or third week. It would be -- salary -wise, it's $25,000, so it would be maybe, I don't know, $200 a week. No health insurance, so they have -- they're going to have a situation here. You know, Johnny, I -- Chairman Winton: Yeah. I understand, so, I -- Commissioner Regalado: I just don't understand the whole system. How does it work? 295 September 11, 2003 Chairman Winton: Commissioner -- Commissioner Regalado: I don't understand why they took this woman out of another position in the Civil Service or whatever and put him to work in a grant, and now they have to leave. I don't understand that. I don't understand. Chairman Winton: Well -- Mr. Spring: The ones that were previously working -- Chairman Winton: Hold on. I think we've -- Commissioner Regalado, with all due respect, I think we've beat this horse to death. I think it's time to vote one way or another, and once we vote, we figure out what's next, one way or another. Commissioner Regalado: Sure. No. I don't have no -- I don't have problem ever in voting. Chairman Winton: So let's -- Madam -- Commissioner Sanchez: Roll call on the millage. Chairman Winton: Madam Clerk -- that was a tough word to think of -- roll call, please. The question's been called. Alejandro Vilarello (City Attorney): Mr. Chairman, if I could just read for the record the motion. The motion is to adopt the proposed general operating millage rate of 8.7625 for the fiscal year beginning October 1, 2003, and ending September 30, 2004. That is a 10.35 percent - - that's 10.35 percent higher than the rollback millage rate of 7.9403. Chairman Winton: Roll call, please. Priscilla A. Thompson (City Clerk): Commissioner Gonzalez. Commissioner Gonzalez: No. Ms. Thompson: Commissioner Regalado. Commissioner Regalado: No. Ms. Thompson: Commissioner Teele. Vice Chairman Teele: No. Ms. Thompson: Commissioner Sanchez. Commissioner Sanchez: Yes. 296 September 11, 2003 Ms. Thompson: Chairman Winton. Chairman Winton: Yes. Ms. Thompson: The motion fails two to three. Chairman Winton: OK, so let's have a new motion. (INAUDIBLE) much more debate we can do. Vice Chairman Teele: The problem that I have is, we haven't debated -- look, the problem that I have is this: We've not debated the motion that's on the table. The motion on the table is the millage rate. Commissioner Regalado: Right. Vice Chairman Teele: Now, we've spent all this time talking about the personnel thing. Commissioner Regalado: Right. No, but I wanted to use the debate on the millage. That's all I want to do. Commissioner Sanchez: Commissioner Teele, you know the irony of this is? The irony is that we are -- we didn't approve a millage now. We want a lower millage that's going to be more -- that's going to cost more to the City, and then we're basically, you know, in another way, telling the City Manager that he's got to keep some people on the pay raise that's going to cost the City money, which -- listen, if there was a solution -- if we could find a way to keep them that it's not going to cost additional, I'm willing to support, but the issue here is the millage, and, you know - Vice Chairman Teele: But this is -- I fully agree with what you're saying, but what I want my colleagues, Commissioner Regalado and Commissioner Gonzalez to see or at least to focus on is the best chance for keeping these 13 people on is to pass -- Commissioner Sanchez: The millage. Vice Chairman Teele: -- this millage rate. If you go lower, you take it -- it becomes more and more difficult. What I wanted the Manager to see is, if we all cooperate, we can all figure out how to get out of here, and what I'm trying to understand is why we can't get a commitment from the Manager -- Commissioner Sanchez: You voted "no." Vice Chairman Teele: No, no, no, no, no. Because I don't want to ever run -- Commissioner Sanchez: If you would have voted "yes," we would -- 297 September 11, 2003 Vice Chairman Teele: Yeah, but -- but listen to me. I don't ever want to vote "yes" or something when you have the potential for coming out with a consensus of at least four or five Commissioners, and all that I'm saying is simply this: If the Manager will commit, contrary to what we've heard, you know, that we're going to work with these people and figure out how to retrain them, rehire them, and that we'll make a commitment to those that are -- that have a personnel record that is acceptable -- you know, the Manager makes one point about the fact we don't want to hire somebody that we've been trying to get rid of for 10 years. That's a fair condition, but I think there's got to be a little bit more give and take between Commissioner Regalado and the Manager, so that we can try to have some consensus here. Because if you start out with a vote that's three to two, basically you've locked two votes in now on everything, and they're going to be voting "no" on everything, and I'm looking to see if there's some way we can get a consensus on this. Commissioner Sanchez: Now -- just so you know, you're the split vote. Mr. Vilarello: Mr. Chairman. Commissioner Gonzalez: Commissioner Teele, I wouldn't have a problem voting on the millage rate if I would have the services -- remaining services that we had before in my district, but if I'm going to losing one NET office, OK, and I'm going to be -- and with the service -- with the police service that I'm getting in Allapattah, OK, and even in West Little Havana -- because they went -- they consolidated East Little Havana and West Little Havana in one -- into one police sector saying that by consolidating these two sectors, now we will have more police officers, and I'm, you know, good enough in math. If we had 10 officers assigned to West Little Havana before and 10 officers assigned to East Little Havana, and now they are unified and we still have 20 police officers, it's the same as having 10 and 10, or 20 together, but -- Vice Chairman Teele: Are we talking about police or we talking about NET? Commissioner Gonzalez: I'm talking about police and NET, both. Now, they pretend to do the same -- the exact same thing, OK. The exact same thing. They want to consolidate East Little Havana and West Little Havana into one NET office that is going to have to be serving Commissioner Regalado's sector of West Little Havana, Commissioner Sanchez's sector of West Little Havana, and my portion of West Little Havana, plus East Little Havana. If you tell me that that is not going to cause a big deficit in service, I don't believe it. I don't believe it and I can't accept it, and I've been talking about it, and talking about, and talking about it, and discussing it, and I have discussed numbers and I have shown numbers, and, you know -- and the Manager is very familiar with the City, but I don't think he's familiar enough with the entire City of Miami to know the needs that are out there. The new NET administrator -- I don't know how experienced he is with the neighborhoods and the needs of the neighborhoods, but we all know what our needs are in our neighborhoods, and I've been talking about this, and talking about this, and talking about this. If I'm not going to get the police service that I should get in Allapattah -- and just look at the numbers on the CAD (Computer Aided Dispatch) report. Just look at the numbers and look at your numbers, as a matter of fact. It's not only me that has been affected. Just look at the numbers. Well, we can always reduce some money from the Police budget. We can reduce some money from the NET budget and we can cut -- if we're not going to provide 298 September 11, 2003 services, at least, let's return the money to the people, but we've got to give them back something. Either we give them money or we give them services. Now, if we're going to take their money on taxes and fees, and licenses and all that, and in addition to that, we're not going to provide them services, no. No, no way. No way. Vice Chairman Teele: Commissioner, what would make you feel more comfortable with the budget? I -- again, I would like very much -- because see, I know how this thing goes. Once something goes down on the three to two vote, the two people who are upset or who feel -- then that's just a "no" vote from then on, and that's -- we may wind up with a three to two vote, but that's not the way to -- I don't want to alienate anybody -- Commissioner Gonzalez: Listen, I have -- Vice Chairman Teele: -- by saying you've got to live with it. Commissioner Gonzalez: I have -- Vice Chairman Teele: Because I know -- Commissioner Gonzalez: Listen, listen -- Vice Chairman Teele: -- what Tomas is going to do. Commissioner Gonzalez: -- I have no problem -- personally, if the Manager and the Mayor of the City of Miami get three votes in this Commission to approve the budget, I have no problem with that. You know why? Because whenever I go to a radio program and whenever I go to a TV (television) program and people start calling me, I can tell them, "Listen, I didn't vote on that budget. I realize that they cut your services. I realize that crime is up. I realize all of that. That's the reason why I didn't approve this budget because I -- they didn't gave me solutions to your problems." And say, "Since they didn't give me solutions to your problems, I didn't approve their budget." You know, and that's it. Vice Chairman Teele: Well, again -- Mr. Attorney. Mr. Vilarello: If I could just take a minute to try to re -characterize some of the debate that's going on with regard to the positions and try to place it in the context of our City Charter. The debate, as I understand it, goes to grant funded positions that had been -- the grant has extinguished, and as I understand Commissioner Regalado's discussion, he's not interested in layoffs; that he doesn't want to see those positions laid off. That those positions either addressed by taking care of the services which have not been -- that will not be provided because those positions are not there or alternatively, that other positions be found within that context. I think that is an appropriate debate for the City Commission to take, with regard to personnel, and if you accept that re -characterization, it's consistent with the City Charter. Ultimately, the decision to appoint or not appoint an individual to a position doesn't belong in the City Commission. It belongs with the City Manager. The City Commission approves the Table of Organization, approves the number of positions, approves the dollars associated with those departments to 299 September 11, 2003 provide the level of service that this City Commission wants to provide to the citizens of the City of Miami. In that context, this debate is consistent with the City Charter. Commissioner Regalado: OK. Let me just add -- Vice Chairman Teele: You know, we've made a beautiful budget. We have a problem -- we have very few problems. Commissioner Regalado: Mr. Chairman. Vice Chairman Teele: We are making this very difficult. Commissioner Regalado: Mr. Chairman. Vice Chairman Teele: We are. Commissioner Gonzalez: They are. Commissioner Regalado: Mr. Chairman, just a question. Let's talk about services. Who and how are we going to provide the same services at the NET office that these people were providing? Can you -- Mr. Manager. Mr. Arriola: Yeah. Commissioner, if I could recall almost every conversation that I've ever had with you and Commissioner Gonzalez and some other Commissioners, you have constantly said we have a lot of dead -- I mean, a lot of -- too many people, whether it's at the NETS, there's too many people here. I mean, the whole conversation has been about excess of personnel. NETS -- is the history that I've been told -- and I don't know this -- is it's -- let me finish. The -- Commissioner Regalado: Excuse me. I never said that there are too many dead bodies in NET. Mr. Arriola: Well, not -- but I -- sorry for the phrase. There were too many bodies at the NET, sir. Commissioner Regalado: Or bodies. I have never referred to NET. I always -- I said that there are NET office that don't work. Commissioner Gonzalez: But let me tell you, if you allow me, Commissioner Regalado. Every time that I have a problem, at 10 p.m. at night, at 11 p.m. at night, on Sundays, on holidays when everybody's on the beach, or is Europe, in Spain, in France dancing, OK, the NET office that reports and that is present in every need that I have is the West Little Havana NET office. When all of the other NET administrators are in vacation and are somewhere else other than the City of Miami, the West Little Havana NET office administrator is the one that respond to our calls. Whatever time it is -- I have called my NET administrator at 11 p.m. at night, and he has been in the scene in 20 minutes, OK. He's even covering for other NET administrators when they do bar checks, and whenever they do police operations, that's the NET administrator that is out there 300 September 11, 2003 working, and that is the NET administrator that you want to remove from the office, close his office down, and let me tell you. His office have been working with three people. Mr. Arriola: Yes. Commissioner Gonzalez: Three people. Mr. Arriola: Absolutely. Commissioner Gonzalez: So don't tell me that he's overstaffed. Three employees -- Mr. Arriola: I never said -- Commissioner Gonzalez: -- to cover Commissioner Regalado's district -- Mr. Arriola: I never said he -- Commissioner Gonzalez: -- Commissioner Sanchez's district -- Mr. Arriola: I never said -- Commissioner Gonzalez: -- and my district. Mr. Arriola: As a matter of fact, that office -- Commissioner Gonzalez: So if you're going to cut -- Mr. Arriola: -- that office -- Commissioner Gonzalez: -- Mr. Manager, cut somewhere else, please. Mr. Arriola: Yeah, but the issue is this. You're assuming that I'm getting rid of this man. This man works out of a toilet. Commissioner Gonzalez: It doesn't matter to me. I don't care. Mr. Arriola: You know, but I'm saying, he works out of the worst position in the world. I have said to you, what I want to do is build a big office with good personnel for this poor man could have a good staff to work with. Commissioner Gonzalez: Mr. Manager, I don't care if you fire the man -- Mr. Arriola: But I don't want to fire the man. Commissioner Gonzalez: -- or if you don't. That's your job. That is your job. I don't care. I'm not going to tell you don't fire this man or hire this man. I'm not going to tell you that because 301 September 11, 2003 I'm not going to violate the Charter. That's why we hire you. What I'm talking is about that -- what we're doing is unfair. That NET office has three employees, three inspectors to serve three Commissioners and half of the City of Miami, and that is the NET office that you want to eliminate, one of the NET offices that you want to eliminate. Come on. Don't -- come on. Mr. Arriola: You know, the -- first of all, the whole idea is to move him out of that office, put him very close to that location, and expand his personnel in there. Because, as you can see, while we're closing offices, we're not cutting in a lot of personnel in the office. I have said this to you before. I want to have a bigger office where this man, who is probably one of the best administrators we have, has an adequate staff and an adequate place to work out of, so, you know, we're mixing oranges and apples in here. The whole point is that this guy works out of a bathroom. You know that. Commissioner Gonzalez: What? Mr. Arriola: It's a very bad situation. Commissioner Gonzalez: Precisely. Let's go to that point. You touched exactly what I want you to touch. We made a compromise that we were going to build a community center in Maceo Park. Mr. Arriola: Yes, sir. Commissioner Gonzalez: That I was going to put up the money from my bond money to build a community center and a NET office for the West Little Havana NET office. It turn around -- Mr. Arriola: I thought it was for Flagami. Commissioner Gonzalez: -- and now we're going to use my money, a park in my district, to build a NET office that corresponds to Commissioner Regalado, which is the Flagami office. Mr. Arriola: So, you know, in the spirit of cooperation -- listen, I'm not going to be here all night arguing the issue. If you want the -- Commissioner Gonzalez: Yeah. Another thing -- Mr. Arriola: -- West Little office -- Commissioner Gonzalez: -- another thing is that -- I'm going to ask you as a favor here, now, publicly, in front of my colleagues, whenever you and I, or your office and my office have to have a discussion, a meeting or whatever, I want you personally to come down or to ask me to go up -- and I'll go up. I have no problem. We have done it before -- and discuss whatever issue we have to discuss, you and I. I don't want anymore anyone from your staff to meet with me to discuss City businesses. You are my Manager. I'm your Commissioner. Your staff works for you. They don't work for me, and I'm sure that if you and I go back to the same communication 302 September 11, 2003 that we had before that we had established, we could solve many of the problems that we're having now. Vice Chairman Teele: If he agrees to that, will you then vote for the millage? Commissioner Regalado: And also the NET, and also the NET office. Chairman Winton: Did you hear that? Mr. Arriola: No, the NET office we're talking about. Chairman Winton: Don't touch his NET office -- Commissioner Gonzalez: We're talking about the NET office. Chairman Winton: -- he votes for the millage. Vice Chairman Teele: Well, it seems to me, Mr. Manager, that there is an organizational issue, which I -- this is the first time I'm hearing it, but is the NET office the big issue that you -- Chairman Winton: That's what he just said. (COMMENTS OFF THE RECORD) Mr. Arriola: And what I was just trying to say to him is, if that's what's going to get -- and if you want to have that office at Maceo Park -- Commissioner Sanchez: But then it doesn't work, because then you take from my district. You take it all the way to your district. Mr. Arriola: No, no, no, no, no, no, no. Commissioner Gonzalez: No, no, no, no, no. Vice Chairman Teele: He's adding it. Commissioner Sanchez: Huh? Commissioner Gonzalez: No, no, no. Mr. Arriola: Let's -- you know, this is the issue that we have in here. We have -- whether you want to believe it or not, we have one small NET office underneath the bridge almost. We have another NET office in a bathroom. In my foolish mind, I thought that I could take both NET offices and put it in the middle and make a big NET office that was going to be -- Vice Chairman Teele: That was logical. 303 September 11, 2003 Mr. Arriola: That was logical, obviously. Chairman Winton: But it didn't work, so now, then -- Mr. Arriola: It didn't work. Chairman Winton: So now you're proposing what, Mr. Manager? Mr. Arriola: You know, now I go back to -- Commissioner Gonzalez: No, no, no, no, no. No, no, no, no, no, no. Chairman Winton: Let him finish. Let him finish. Commissioner Gonzalez: No, no, no, no. Vice Chairman Teele: Let him finish. Commissioner Gonzalez: You were going to eliminate the West -- Vice Chairman Teele: Yeah. Commissioner Gonzalez: -- Little Havana NET office. Mr. Arriola: I said that. Chairman Winton: That's what he said. He said that. Commissioner Gonzalez: If you would have told me that you were going to place the West Little Havana NET office -- let's say, for example, in Grapeland Park, with a bigger office, in the center of the district, I would have no problem. I would have said, fine. No problem. Let's do it. Mr. Arriola: We have two options now and I don't have a final, but the whole idea was to take East Little Havana and West Little Havana, which are about 20 blocks apart, as you know. Commissioner Gonzalez: No, they're not. They're not. East Little Havana starts by -- Commissioner Sanchez: On 8 and 5. Commissioner Gonzalez: -- the Flagler Bridge -- Chairman Winton: Which is Stn Commissioner Gonzalez: -- and ends up on 27th Avenue, and West Little Havana -- 304 September 11, 2003 Commissioner Sanchez: Twenty-second Avenue. Mr. Arriola: Twenty-second. Commissioner Gonzalez: -- starts on 27th Avenue and it goes up to (INAUDIBLE) -- Mr. Arriola: And 22nd. Twenty blocks. Chairman Winton: No, but the distance between those two buildings is 22 blocks, according to your math. Yeah. The buildings themselves. Mr. Arriola: It's 20 blocks, and what I had thought -- and they're both terrible locate -- I mean, terrible -- Chairman Winton: Buildings. Mr. Arriola: -- facilities. Chairman Winton: So what -- you've heard what the Commissioner wants. He wants his NET office back up there, and this Commissioner doesn't -- Mr. Arriola: Where, on 22nd? Chairman Winton: -- doesn't want his -- huh? Yeah. The 22nd -- his 27th Avenue NET office. He doesn't want it to move to somewhere in between. Mr. Arriola: But to have his office in Maceo Park taking care of people in West Little Havana, forgive me, doesn't make a lot of sense to me. That is a long, long, long drive. Chairman Winton: Well, apparently, it does to him, so you (INAUDIBLE) -- Mr. Arriola: It does? Commissioner Gonzalez: Well -- Chairman Winton: Wait, wait, wait. Commissioner Gonzalez: -- let's cancel the construction and build the building -- Chairman Winton: Commissioner Gonzalez. Commissioner Gonzalez: -- build the building at Grapeland Park. Chairman Winton: Commissioner Gonzalez. 305 September 11, 2003 Commissioner Gonzalez: If you want to (INAUDIBLE) -- Chairman Winton: Oh, OK. Commissioner Gonzalez: -- you know. Mr. Arriola: Well, you know, Commissioner, that's a pretty logical -- Commissioner Gonzalez: What I don't want to do is eliminate the NET office. Chairman Winton: OK. Commissioner Gonzalez: I don't -- Mr. Arriola: OK. Commissioner Gonzalez: -- care where you put it. Mr. Arriola: All right. Let's do this. Commissioner Gonzalez: I don't care if you put them west, east, north or south. Mr. Arriola: Can I do this with you? You will not lose that NET office, and somehow, Commissioner -- Chairman Winton: And the two of you -- Mr. Arriola: -- Sanchez -- Chairman Winton: -- are going to sit and talk about where it's going to go and decide later. Mr. Arriola: But Commissioner Sanchez, Commissioner Regalado, and Commissioner Gonzalez -- I'm sorry, too many -- we will have to sit and then decide where we're going to put your Flagami office, because it takes care part of you, part of him, part of Sanchez. You know, we have to find a location that makes sense. Commissioner Gonzalez: I have no problem with having the Flagami -- I understand that the Flagami NET also need a decent place to represent the City of Miami. If Commissioner Regalado doesn't have an objection, I don't care to have that office in Maceo Park. Now, if Commissioner Regalado decides to have that NET office somewhere else -- because the biggest part of Flagami belongs to Commissioner Regalado, and I don't want to, you know, interfere with Commissioner Regalado's wishes on -- Mr. Arriola: It's just -- Commissioner Gonzalez: -- where he wants his NET office. 306 September 11, 2003 Mr. Arriola: It just makes sense to have it in Maceo because -- now it's on 37th. Chairman Winton: Hold on. Mr. Arriola: We were going to move -- Chairman Winton: Hold on. Mr. Arriola: -- 30 blocks down the road. Chairman Winton: Hold on. Hold on. Hold on. Here's the commitment you need to make, Mr. Manager. Mr. Arriola: Yes, sir. Chairman Winton: Don't work out the details here because you're not going to make the good decisions. Mr. Arriola: That's right. Chairman Winton: Your commitment has to be you're not going to reduce the number of offices. Mr. Arriola: Yes, OK. Chairman Winton: And the three of you -- four of you -- Vice Chairman Teele: Three. Chairman Winton: -- whatever you have to communicate with -- Mr. Arriola: Got it. Got it. Chairman Winton: You're all going to sit down later -- Mr. Arriola: Great. Chairman Winton: -- and figure out where the right location is -- Mr. Arriola: OK. Chairman Winton: -- for each of those offices. Mr. Arriola: That's fine. 307 September 11, 2003 Chairman Winton: And then I wonder if I should say -- now, so the only two NET offices being eliminated in the entire City of Miami are in District 2. Mr. Arriola: OK. Chairman Winton: Am I being stupid, naive, or what? Commissioner Gonzalez: Let me tell you. Let me tell you. Commissioner Regalado: Well -- Commissioner Gonzalez: I don't know why they do that. Vice Chairman Teele: It was the abuses of -- Commissioner Gonzalez: Because let me tell you. I been having these discussions ever since I became a Commissioner with the prior City Manager. I said, if we're going to eliminate three NET offices and we're going to have ten NET officers, and we have five Commissioners, each Commissioner should have two NET offices, and I told them, I have Allapattah, Grapeland, West Little Havana, and Flagami. I go from east to west, OK. Chairman Winton: Yeah. Commissioner Gonzalez: I have no problem with two NET offices. I will accommodate. I will make sure that they function. I will think of ways that the residents be happy with it. Now, if they change it around and they want to cut three and they want to destroy whoever they have to destroy in their plans, well that's something different, OK, so don't complain. Chairman Winton: OK, now -- Mr. Arriola: I got that as -- Commissioner Gonzalez: Fight for another -- Mr. Arriola: The -- but in no defense of this thing, and we already agreed that we're going to keep that NET office, it sounds very logical if we lived -- if every district was -- Chairman Winton: No, no, no. We don't need to go there. Mr. Arriola: But it's not -- Chairman Winton: We don't need to -- Mr. Arriola: We don't need to go there. You're right. I'm sorry. 308 September 11, 2003 Chairman Winton: We've -- we have something on the table here. Yes, Commissioner Regalado. Commissioner Regalado: I'm getting a lot of calls in the office about a very annoying noise in the transmission of this City Commission through Miami TV. It's impossible to hear anything. The static -- the video is OK -- Chairman Winton: Oh, you mean on Net 9? Commissioner Regalado: Net 9, but there is -- I got already four calls. Apparently, some people are interested on the budget hearing, and at least -- Chairman Winton: And it's not working? Commissioner Regalado: Well, it's working but -- it's on the air but it's noise. The noise mutes the voices so it's impossible to see, so for the people here --because people watching would not be able to listen. Look, I don't have a problem where you place the NET office. The problem here is what Commissioner Gonzalez touched. Territory. Territory that they have to cover. Flagami is the largest single home residential in the City of Miami. Largest in the City. There is no other place where you have more residential -- single home residential than in the Flagami area. From 37th to Palmetto expressway, that's Flagami, and what you have there, it's buildings in Flagler and homes throughout the area, so my problem is not as much as -- you know, like I told the Manager in a memo. He said Commissioner Gonzalez willing to use the money. Fine by me. I don't have any problem. Look, I don't have any problem with that. If that is his wish to use it, fine by me. I think that he's right. Eliminating the NET office in West Little Havana would create a huge territory that, as a matter of fact, have different issues than the ones that are used to be handled by those NET office. In terms of personnel, you do whatever you want. I mean, I think that it's been already documented that we do need a little more Code enforcement, that we need the community workers to clean around the NET office area because all this centralization of sending all the NET community workers back to Solid Waste, and then requesting to the Manager to clean one alley, what -- it has created, at least the Shenandoah area is dirtier than it was a year before. No question about that. I drive around that area and no one, not even the Mayor, not even the Manager, not even the NET administrator, nobody can tell me that it's cleaner this year than the year before, so there are structural things that need to be fixed. I'm willing to vote. I think -- Commissioner Sanchez: So move to accept the City Manager's recommendation. Vice Chairman Teele: I second the motion. Chairman Winton: We have a motion and a second. Discussion. Commissioner Regalado: I was going to say that you guys don't have a problem anymore. Commissioner Sanchez: Oh, OK. All right. All right. 309 September 11, 2003 Commissioner Regalado: But you still haven't addressed some of my issues, which still no one has answered. We started this debate. No one has answered who is going to do the work of those NET office that these people that are going to be laid off were doing. I still don't know. I want to know. Mr. Arriola: OK. I have said to you that we have -- Chairman Winton: Excuse -- Mr. Arriola: -- plenty of personnel in the NET offices. I have talked to Chief Fernandez and they will be retrained by the Police Department or we will take some of those that are already there, as I said, and they will have exactly the same duties that they had before. The issue is, Commissioner, if you take West Little Havana and a couple -- and another NET that is very, very, very short of personnel, the other NET offices have a lot, a lot of people that, unfortunately, sit there and don't produce. I want them to produce a little bit, and we want to get them to -- you know, give them more responsibility -- if that's the word we want -- just to make sure that we have a productive workforce. Commissioner Sanchez: You don't produce, you get fired. Commissioner Gonzalez: You can. Mr. Arriola: You can't. I'm sorry. Chairman Winton: Oh, that's bull. Bull. Mr. Arriola: OK. Chairman Winton: And we've been through this. That's what Human Resources is all about, and it's called progressive discipline and it doesn't work. Commissioner Sanchez: You don't produce -- Mr. Arriola: Progressive Discipline. Absolutely. Chairman Winton: You can't fire them overnight -- Mr. Arriola: And we're doing more of that -- Chairman Winton: -- but you can fire them. Mr. Arriola: -- than ever before, but it takes a while. Commissioner Gonzalez: (INAUDIBLE). Chairman Winton: So -- but I will -- 310 September 11, 2003 Commissioner Gonzalez: (INAUDIBLE). Chairman Winton: You'll get me going if I hear any more -- Mr. Arriola: Absolutely. Chairman Winton: -- ever again that you can't fire an employee in the City of Miami. Commissioner Sanchez: All right. It's late, gentlemen. There's a motion and a second. Vice Chairman Teele: Discussion. Chairman Winton: Discuss -- yes. Commissioner Regalado: Look, I am going to vote for the millage. I think that the Manager has not been responsive on the issue of those positions because, you know, we're going to try and we're going to do, but that's fine. In the name of unity -- Vice Chairman Teele: Peace. Commissioner Regalado: -- and peace for this Commission, I will vote for the millage. I still say that -- do not think that this is just that I surrender. Chairman Winton: Oh, we don't ever think that. Trust me. Vice Chairman Teele: No. We know we'll be back in two weeks. Commissioner Regalado: Hey, you guys still haven't figured out me. Chairman Winton: I think so. Commissioner Regalado: But -- Chairman Winton: We know better than surrender. Commissioner Regalado: But I think it's important to send a message and to -- you know, Wall Street and all that, and the bond agencies and all that propaganda that is used to try to force a vote. I still say that, you know, services are the most important thing, and I still know -- and I don't want to ignite another debate, you know. You've been here -- this December is going to be a year, right, Joe? Mr. Arriola: January 27th -- Commissioner Regalado: January 27th -- 311 September 11, 2003 Mr. Arriola: -- my 35th wedding anniversary. Commissioner Regalado: It's -- Mr. Arriola: I remember. Commissioner Regalado: It's around the corner. It's around the corner, so, you know -- Chairman Winton: Commissioner Teele, you -- Commissioner Regalado: You have now -- now you have realized that there are employees that don't work in this city. Chairman Winton: Commissioner Teele, you wanted to comment? Vice Chairman Teele: Two points. Thank you, Mr. Chairman, particularly you for being patient. My sense is, just listening to the debate from the very beginning, that there's no reason why we can't have unanimity, but my concern was just going ahead doing three to two, we'd be paying the price on this for the next year, and, I mean, I've sat through enough of these things to sense that there's no real big issue here. Now, Mr. Manager, I'm going to ask, again, that you consider what I asked before, and that before the next meeting, that you meet with all of us on those 13 slots, not the individuals, and to see if there's some way we can address the issue so that this doesn't come up in the next budget hearing, and I'm very sympathetic to the fact that these are -- appear to be all women, which, you know, just alone, if you're going to lay off 13 people and it's 13 women, it just -- it doesn't strike the right chord, and secondly, the vast majority of them appear to be citizens of the City of Miami. They appear to be, and again, so I ask you, respectfully, to take those two issues under advisement. On the first issue, I'm going to ask your NET Director and your special assistant to come to the dais, please, to the podium. How do you feel? Juan Carlos Espinosa (Director, NET): Good. I had a real good lunch. Chairman Winton: You want to loosen your tie? Mr. Espinosa: I'm doing fine. Thank you. Vice Chairman Teele: You all came to see me about two months ago on the NET reorganization, right? A month or so ago. Mr. Espinosa: Yes, sir. Vice Chairman Teele: Did I or did I not ask you to please meet with each of my colleagues and make sure they're comfortable with it? I said, because you're going to pay -- the Manager's going to pay hell for it in the budget. Did I not tell you that six weeks ago? Mr. Espinosa: Um -hum. 312 September 11, 2003 Vice Chairman Teele: You heard what happened today? I had no idea that Angel and all this was going on, but I know how these NET things are, and I really do think that in the future, you all have got to pay more attention to the kinds of concerns that Commissioner Gonzalez and them, but I want the Manager to know that when I had my briefing with them on the NET, both of them, the last thing I told them was, please make sure you coordinate this thing with my colleagues because they're going to -- it's going to always come up in a budget hearing, and that's what's happening. Now I just think that this whole thing was avoidable to some extent, but I just wanted the Manager to know that I shared that with you at that time, right? All right. I'm prepared to vote for it and I hope we can have a unanimous vote at this point. Chairman Winton: Do we have any other discussion? If not, roll call, please. Vice Chairman Teele: Is this an ordinance or a motion? Ms. Thompson: Motion. Chairman Winton: Read the ordinance, then. Then we'll roll call. Vice Chairman Teele: The millage is an ordinance. Mr. Vilarello: You're voting on an ordinance with the -- I was waiting for a vote before I read it again. I've read it -- Commissioner Regalado: It's the millage. We're voting on the millage, not on the appropriation of money, right? Chairman Winton: That's correct. This is the millage. Mr. Vilarello: This is the proposed general operating millage rate of 8.7625 for the upcoming fiscal year beginning October 1, 2003, and ending in September 30, 2004, and to note that it's 10.35 percent higher than the rollback rate of 7.9403. Chairman Winton: Roll call. An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION DEFINING AND DESIGNATING THE TERRITORIAL LIMITS FOR THE CITY OF MIAMI FOR THE PURPOSE OF TAXATION; FIXING THE MILLAGE AND LEVYING TAXES IN THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 313 September 11, 2003 was introduced by Commissioner Sanchez, seconded by Vice Chairman Teele, and was passed on first reading, by title only, by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. The ordinance was read by title into the public record by the City Attorney. Ms. Thompson: OK. The ordinance is passed on first reading, 5/0. Chairman Winton: Here, here. OK. Well, have one down, ten to go. What's the next thing we have to do? Commissioner Gonzalez: The appropriation. Chairman Winton: Now, the budget? Now, the budget? Vice Chairman Teele: Are you ready for the budget? Chairman Winton: Yeah. Aren't we? Commissioner Regalado: I'm ready. Vice Chairman Teele: Mr. Spring, this is your show. What do you want next? Chairman Winton: I think he's -- Commissioner Sanchez: No. He's done the presentation already. Chairman Winton: He's already done the budget. He's done the budget. Vice Chairman Teele: What's the next item -- Commissioner Sanchez: Look, it's long -- it's been a long night. There's two votes on this Commission. I was a -- if I was a bidding man, there's two votes on this Commission that are going to vote against the budget. Chairman Winton: Yeah. This one's never been unanimous and probably never will and it -- 314 September 11, 2003 Commissioner Sanchez: No. It's always been 3-2. Chairman Winton: -- there's no animosity. Commissioner Sanchez: But I'll tell you what -- Chairman Winton: We need a motion. Commissioner Sanchez: I'm prepared to move it on first reading, just to get it through tonight. Chairman Winton: We -- Commissioner Sanchez: But let me tell you something. If I don't see -- if my questions are not - Chairman Winton: Clearly answered. Commissioner Sanchez: -- clearly answered and we don't have some type of reduction to the budget as to what my concerns were, I want to state it on the record, Commissioner Teele, I will vote "no" next time. Chairman Winton: OK. You making a motion? Commissioner Sanchez: I will -- so move the budget on first reading. Vice Chairman Teele: Second. Chairman Winton: Discussion. Vice Chairman Teele: Now, what item is this, forty -- Commissioner Regalado: Forty-seven B. Mr. Vilarello: Forty-seven B. It's the proposed budget. Commissioner Sanchez: First reading. Mr. Vilarello: Proposed tentative budget. Chairman Winton: Forty-seven B. Vice Chairman Teele: So this is the appropriation? Mr. Vilarello: Yes, sir. 315 September 11, 2003 Chairman Winton: OK. We have a motion and a second. Do we have any other discussion on this item? Read the ordinance, please. Drum roll, please. Could we have the roll call? (COMMENTS MADE DURING ROLL CALL.) Commissioner Sanchez: Three -two. Ms. Thompson: Commissioner Gonzalez. Commissioner Gonzalez: Before voting, Mr. Manager, I need to meet with you next week. Mr. Arriola: Pardon me? Chairman Winton: He needs to meet with you next week. Commissioner Gonzalez: I want to have a meeting with you next week, in your office or in my office. Chairman Winton: The two of you. Commissioner Gonzalez: We'll go to lunch or whatever. We need to go -- Mr. Arriola: Only if you're buying. Commissioner Gonzalez: We need to sit down -- Mr. Arriola: You're buying? Commissioner Gonzalez: We need to discuss and talk before the next voting on the budget. (INAUDIBLE) I'm going to say exactly the same thing that Commissioner Sanchez said. If things doesn't work out the way they should -- it's not capricious type of thing, the way that they should, I'm going to be voting "no" at the next Commission meeting, OK, and this process is a very good process to show some people that are new in this City and that have administrative positions that maybe every 15 days, they will have to come here and stand at that podium and once a year we have a chance, OK, to cut their salaries and their budget, and they better start understanding that if they -- if they're planning on continuing working for the City, they better start learning to respect the elected officials, to respect the offices of the elected officials, and to respect the system. Because, if not, they're not going to have any bread, so I'm voting "yes." Mr. Vilarello: Mr. Chairman, before you call the roll, just note for the record that the Budget Appropriations ordinance was the substitute budget that was handed out, not the one contained within your package. Chairman Winton: Thank you. Next on roll call. Ms. Thompson: Commissioner Regalado. 316 September 11, 2003 Commissioner Regalado: No. Ms. Thompson: Commissioner Teele. Vice Chairman Teele: Yes. Commissioner Sanchez: I already voted, ma'am. Chairman Winton: He already voted. Ms. Thompson: I'm sorry. Chairman Winton. Chairman Winton: Yes. Ms. Thompson: The -- Vice Chairman Teele: What's the vote? Ms. Thompson: The -- Chairman Winton: Four to one. Ms. Thompson: -- ordinance is passed on first reading, 4/1. An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION MAKING APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY REQUIREMENTS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2004; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Sanchez, seconded by Vice Chairman Teele, and was passed on first reading, by title only, by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 317 September 11, 2003 The ordinance was read by title into the public record by the City Attorney. Commissioner Sanchez: Nine o'clock and I'm still alert. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: On that ordinance, Mr. Attorney and Mr. Manager, this was the appropriations. The appropriations ordinance is supposed to include a table that includes the wiring -- the organization chart -- Commissioner Sanchez: That's more budgets. Chairman Winton: We've got a few more items. Yeah. Vice Chairman Teele: You've got a bunch more. Chairman Winton: Yeah. Vice Chairman Teele: The organization chart and the personnel numbers, and I would like to make sure that we get a copy of that as of whatever date for the second reading so we know exactly what we're doing, but -- Mr. Spring: The TO (Table of Organization) that you're referring to, updated copy was handed out earlier today, but you're saying include it in -- Vice Chairman Teele: But what I'm saying is we need to make sure we get one dated as of some date, because I already showed you that there's some -- for example, the transportation -- Mr. Spring: Absolutely. Vice Chairman Teele: -- is not reflected anywhere. Mr. Spring: Absolutely. Vice Chairman Teele: And we need to get all of this stuff worked out. All the details, OK, please? Mr. Spring: Not a problem. 318 September 11, 2003 81. FIRST READING ORDINANCE: RELATED TO TAXATION, DEFINE AND DESIGNATE TERRITORIAL LIMITS OF DOWNTOWN DEVELOPMENT DISTRICT OF CITY; FIX MILLAGE AND LEVY TAXES IN SAID DOWNTOWN DEVELOPMENT DISTRICT FOR FISCAL YEAR BEGINNING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004. FIRST READING ORDINANCE: MAKE APPROPRIATIONS FROM DOWNTOWN DEVELOPMENT DISTRICT AD VALOREM TAX LEVY AND OTHER MISCELLANEOUS INCOME FOR DOWNTOWN DEVELOPMENT AUTHORITY OF CITY FOR FISCAL YEAR BEGINNING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004. Chairman Winton: Item 49. This is -- Mr. City Attorney, setting the millage for DDA (Downtown Development Authority). Alejandro Vilarello (City Attorney): This is the proposed millage rate and tentative budget for the DDA. Vice Chairman Teele: So moved. Commissioner Sanchez: Second. Chairman Winton: Got a motion, second. Discussion. Mr. Vilarello: Just to note for the record that the proposed millage rate is 5.11 percent over the rollback rate. Chairman Winton: OK. Did you read the ordinance? Commissioner Regalado: It's a resolution. Mr. Vilarello: I believe that's a resolution. Chairman Winton: Oh, it is? Mr. Vilarello: Yes, sir. Chairman Winton: Resolution, so any further discussion? Being none, all in favor -- Priscilla A. Thompson (City Clerk): I'm sorry. Commissioners, I just need to make sure. According to the agenda here, it's an ordinance. Mr. Vilarello: DDA is a resolution. Commissioner Regalado: All the agencies are resolutions. Mr. Vilarello: I'm sorry. 319 September 11, 2003 Commissioner Sanchez: All the agencies are resolutions. Mr. Vilarello: I stand corrected. Vice Chairman Teele: She's correct. Mr. Vilarello: I stand corrected. The City Clerk is correct. Commissioner Sanchez: It's an ordinance? Mr. Vilarello: It's an ordinance. Vice Chairman Teele: The millage rate is an ordinance. The budget is a resolution. Commissioner Sanchez: Right. Commissioner Regalado: Oh, that's why. Mr. Vilarello: No. Both are. Both are ordinances. Vice Chairman Teele: Are both ordinances? Commissioner Regalado: No, no, no, no. The ordinance is -- Commissioner Sanchez: No. The millage is an ordinance. The other ones are resolutions. The budgets -- Commissioner Regalado: Both are resolutions. Commissioner Sanchez: They're ordinance? I stand corrected. I apologize. Commissioner Regalado: Both are resolutions. I mean, both are ordinance. Vice Chairman Teele: The millage has to be an ordinance. Now I don't know about the -- Chairman Winton: Says in here both are ordinances. Mr. Vilarello: For the DDA, both the millage rate and the budget are ordinances. The balance of them, I believe, are resolutions. Chairman Winton: OK. Please read the ordinance on 49A. The Ordinance was read by title into the public record by the City Attorney. Chairman Winton: Roll call. 320 September 11, 2003 Ms. Thompson: Roll call. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RELATED TO TAXATION, DEFINING AND DESIGNATING THE TERRITORIAL LIMITS OF THE DOWNTOWN DEVELOPMENT DISTRICT OF THE CITY OF MIAMI, FLORIDA; FIXING THE MILLAGE AND LEVYING TAXES IN SAID DOWNTOWN DEVELOPMENT DISTRICT FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004, AT FIVE -TENTHS (5) MILLS ON THE DOLLAR OF NONEXEMPT ASSESSED VALUE OF ALL REAL AND PERSONAL PROPERTY IN SAID DISTRICT; PROVIDING THAT SAID MILLAGE AND THE LEVYING OF TAXES WITHIN THE TERRITORIAL LIMITS OF THE CITY OF MIAMI AS REFLECTED IN THE CITY'S MILLAGE LEVY ORDINANCE FOR THE AFORESAID FISCAL YEAR WHICH IS REQUIRED BY CITY CHARTER SECTION 27; PROVIDING THAT THE FIXING OF THE MILLAGE AND THE LEVYING OF TAXES HEREIN SHALL BE IN ADDITION TO SPECIAL ASSESSMENTS; PROVIDING THAT THIS ORDINANCE SHALL NOT BE DEEMED AS REPEALING OR AMENDING ANY OTHER ORDINANCE FIXING MILLAGE OR LEVYING TAXES, BUT SHALL BE DEEMED SUPPLEMENTAL AND IN ADDITION THERETO; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Vice Chairman Teele, seconded by Commissioner Sanchez, and was passed on first reading, by title only, by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Ms. Thompson: The ordinance is passed on first reading, 5/0. Chairman Winton: 49B, need a motion. Commissioner Gonzalez: Move. 321 September 11, 2003 Chairman Winton: That's the budget. Vice Chairman Teele: Second. Chairman Winton: Motion, second. Discussion. Being none, would you please read the ordinance, Mr. City Attorney, on 49B? Mr. Vilarello: Yes, sir. The Ordinance was read by title into the public record by the City Attorney. Chairman Winton: Roll call, please. Ms. Thompson: Roll call. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION MAKING APPROPRIATIONS FROM THE DOWNTOWN DEVELOPMENT DISTRICT AD VALOREM TAX LEVY AND OTHER MISCELLANEOUS INCOME FOR THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI ("CITY"), FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004: AUTHORIZING THE DOWNTOWN DEVELOPMENT AUTHORITY TO INVITE AND ADVERTISE REQUIRED BIDS; PROVIDING FOR BUDGETARY FLEXIBILITY; PROVIDING THAT THIS ORDINANCE BE DEEMED SUPPLEMENTAL AND IN ADDITION TO THE ORDINANCE MAKING APPROPRIATIONS FOR FISCAL YEAR BEGINNING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004, FOR THE OPERATIONS FOR THE CITY; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Gonzalez, seconded by Vice Chairman Teele, and was passed on first reading, by title only, by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Ms. Thompson: The ordinance is passed on first reading, 5/0. 322 September 11, 2003 82. IMPOSE FIRE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN CITY FOR FISCAL YEAR BEGINNING OCTOBER 1, 2003. Chairman Winton: 50 is fire fee? Alejandro Vilarello (City Attorney): Yes. It's a resolution. Chairman Winton: It's a resolution. Need a motion. Commissioner Gonzalez: Move 50. Commissioner Sanchez: Second. Chairman Winton: Motion, second. Discussion. Mr. Vilarello: It's a public hearing. Chairman Winton: Oh, it's a public hearing? 50 is a public hearing. Anyone from the public like to speak on Item Number 50? Being none, we'll close the public hearing. Discussion. Being none, all in favor, "aye." Commissioner Regalado: "No." Chairman Winton: Like sign, opposed. Commissioner Sanchez: One "no." Man -- Chairman Winton: Was "no" -- one "no." Commissioner Sanchez: -- you know your record. Chairman Winton: Motion carries. 323 September 11, 2003 The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-1014 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, RELATING TO THE PROVISION OF FIRE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA; IMPOSING FIRE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY OF MIAMI FOR FISCAL YEAR BEGINNING OCTOBER 1, 2003; APPROVING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; AND PROVIDING FOR AN EFFECTIVE DATE. 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: Commissioner Tomas Regalado ABSENT: None. 83. IMPOSE SOLID WASTE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN CITY FOR FISCAL YEAR BEGINNING OCTOBER 1, 2003. Chairman Winton: 51, Solid Waste, pricing. Commissioner Gonzalez: Move -- price what? Commissioner Regalado: Second. Commissioner Gonzalez: Increase? Chairman Winton: No, no, no, no. No increase. Commissioner Sanchez: That's the tipping fee. Chairman Winton: It stays the same. Commissioner Gonzalez: Oh, OK. Commissioner Sanchez: It stays the same? 324 September 11, 2003 Commissioner Gonzalez: Yeah, it stays the same. Chairman Winton: Yeah, it stays the same. Commissioner Gonzalez: Move 51. Commissioner Sanchez: Second. Chairman Winton: Motion, second. Discussion. Alejandro Vilarello (City Attorney): It's a public hearing. Chairman Winton: Public -- oh, thank you. Public hearing on 51. Anyone from the public like to speak on 51? Being none, we'll close the public hearing. Any other discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Commissioner Regalado, OK. Motion carries. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-1015 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, RELATING TO THE PROVISION OF SOLID WASTE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA; IMPOSING SOLID WASTE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY OF MIAMI FOR FISCAL YEAR BEGINNING OCTOBER 1, 2003; APPROVING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; AND PROVIDING FOR AN EFFECTIVE DATE. 325 September 11, 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. 84. APPROVE AND ADOPT ANNUAL BUDGET OF BAYFRONT PARK MANAGEMENT TRUST, $5,211,700, TO PROVIDE FOR OPERATIONS, MAINTENANCE AND CAPITAL IMPROVEMENTS OF MILDRED AND CLAUDE PEPPER BAYFRONT PARK, FOR FISCAL YEAR COMMENCING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004. Chairman Winton: 52 is Bayfront Park Management Trust. Is this the budget? Commissioner Sanchez: Yeah. So move. Chairman Winton: Budget. Need a motion. Commissioner Gonzalez: Second. Chairman Winton: Got a motion, second. Public hearing also? Vice Chairman Teele: No. Alejandro Vilarello (City Attorney): I would open a public hearing, also. Chairman Winton: OK. Public hearing on Item 52. Anyone from the public? No one from the public. We'll close the public hearing. Discussion on 52. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. 326 September 11, 2003 The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-1016 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AND ADOPTING THE ANNUAL BUDGET OF THE BAYFRONT PARK MANAGEMENT TRUST, IN THE TOTAL AMOUNT OF $5,211,700, TO PROVIDE FOR THE OPERATIONS, MAINTENANCE AND CAPITAL IMPROVEMENTS OF THE MILDRED AND CLAUDE PEPPER BAYFRONT PARK, FOR FISCAL YEAR COMMENCING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004. 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. 85. APPROVE AND ADOPT ANNUAL BUDGET OF DEPARTMENT OF OFF-STREET PARKING FOR FISCAL YEAR COMMENCING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004, $8,744,874 EXCLUDING DEPRECIATION, AND OTHER NON OPERATING EXPENSES OF $3,204,572. Chairman Winton: 53, Off -Street Parking, approving of the budget. Commissioner Gonzalez: Move 53. Chairman Winton: Got a motion. Need a second. Vice Chairman Teele: Second. Commissioner Regalado: Second. Chairman Winton: Second. Yeah, we'll make it a public hearing. Public hearing. Anyone from the public like to speak on 53? Apparently not. We'll close the public hearing. Got a motion, second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. 327 September 11, 2003 Chairman Winton: Like sign, opposed. The motion carries. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-1017 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AND ADOPTING THE ANNUAL BUDGET OF THE DEPARTMENT OF OFF-STREET PARKING FOR FISCAL YEAR COMMENCING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004, IN THE AMOUNT OF $8,744,874 EXCLUDING DEPRECIATION, AND OTHER NON-OPERATING EXPENSES OF $3,204,572, AS ATTACHED AND INCORPORATED. 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. Chairman Winton: That was the budget. 86. APPROVE AND ADOPT ANNUAL BUDGET OF DEPARTMENT OF OFF-STREET PARKING FOR FISCAL YEAR COMMENCING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004, $835,205 EXCLUDING DEPRECIATION, TO PROVIDE FOR OPERATION OF GUSMAN CENTER FOR PERFORMING ARTS AND OLYMPIA BUILDING. Chairman Winton: Oh, this is Gusman. 54 is Gusman. Commissioner Regalado: Move it. Chairman Winton: Motion. Commissioner Gonzalez: Second. 328 September 11, 2003 Chairman Winton: Second. Discussion. Anyone from the public like to speak on 54? Being none, we'll close the public hearing. Motion, 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. 03-1018 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AND ADOPTING THE ANNUAL BUDGET OF THE DEPARTMENT OF OFF-STREET PARKING FOR FISCAL YEAR COMMENCING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004 IN THE AMOUNT OF $835,205 EXCLUDING DEPRECIATION, TO PROVIDE FOR THE OPERATION OF GUSMAN CENTER FOR THE PERFORMING ARTS AND THE OLYMPIA BUILDING. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Chairman Winton: 55, we've done. 329 September 11, 2003 87. DEFERRED: PROPOSED PROJECT PLAN AND BUDGET OF MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST FOR FISCAL YEAR ENDING SEPTEMBER 30, 2004. Chairman Winton: 56 is Model City Trust budget. Need a motion. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: I'm going to move that the Model City Trust budget be deferred to the next meeting -- Commissioner Gonzalez: Second. Vice Chairman Teele: -- and the reason is to make sure that the Manager and the Trust have the opportunity to meet consistent with the instructions this morning on both the interlocal agreement and all other things, and Marva, I don't know if you were in here before, but I said on the record, I think it's really high time that the trust and the management really sit down and try to bring this thing closer together and move -- the Manager moved some emergency items tonight to facilitate the Trust, the officers, and all that, but there's got to become a better spirit of cooperation, and I hope you'll -- Chairman Winton: And we all agree with that, by the way. Vice Chairman Teele: Thank you. Chairman Winton: Wholeheartedly. Alejandro Vilarello (City Attorney): Mr. Chairman, earlier in the day, we discussed about the Model City Trust meeting being next Monday. In fact, it's a week from next Tuesday, the 23rd. Vice Chairman Teele: OK, but again, it's before the next meeting -- Mr. Vilarello: Yes. Vice Chairman Teele: -- so we'll have the items on the next meeting, both the interlocal agreement and the budget, but the message that I'm trying to give is we got to get more communication and more spirit of cooperation, please. Chairman Winton: And it's more than just spirit of cooperation. There has to be a team effort between the two entities. The City needs to provide all the resources it can to really kick this thing into major high gear, so -- OK. 330 September 11, 2003 88. COMMENTS ON PROPOSED MIAMI SPORTS AND EXHIBITION AUTHORITY (MSEA) BUDGET. Chairman Winton: Anything else? Vice Chairman Teele: Pocket item. Chairman Winton: We have another one? Commissioner Regalado: Question for -- Chairman Winton: I thought we did pocket items. Commissioner Regalado: -- the City Attorney. Chairman Winton: I think we did them all. Commissioner Regalado: City Attorney, you know anything about the MSEA (Miami Sports & Exhibition Authority) budget? Chairman Winton: The who? Oh, MSEA budget. Alejandro Vilarello (City Attorney): No, sir, I don't believe a MSEA budget's been approved, so I can't -- Commissioner Regalado: No, it hasn't been -- Mr. Vilarello: -- be presented to you. Commissioner Regalado: We haven't met, but how far can we move in this year without a budget, not like last year? Mr. Vilarello: I will follow up and review that issue. I'm sorry, Commissioner, I wasn't prepared to discuss that issue. Commissioner Regalado: Last year we did violate state statute, right? Vice Chairman Teele: Not really. Commissioner Regalado: Not really? I think we did. We were like through December. Vice Chairman Teele: We failed to meet the state guidelines, but you operate under the budget of the previous year. Commissioner Regalado: OK. 331 September 11, 2003 Vice Chairman Teele: But I think -- again, the statement -- I really think this goes to Mr. Springs [sic], the Budget director. Those budgets, the MSEA budget, the CRA (Community Redevelopment Agency) budget, and any of these other budgets that are not before you, you need to be aggressive in meeting with those directors and making sure that they comply, because those budgets are supposed to be adopted by the end of the -- before September 30, and I think we all want to make sure that your office is engaged and not just sitting back waiting on them to come to you. Larry Spring: Larry Spring, chief of Strategic Planning, Budgeting, and Performance. My staff has been in communication with those outside agencies requesting their budgets. As you know, we do -- have been working very closely with, specifically, CRA addressing -- Chairman Winton: Not trying -- Mr. Spring: -- other issues, but -- Chairman Winton: -- to be cute, but aren't all of y'all on that board? Vice Chairman Teele: Yeah, but we ain't the staff, you know, and that's always been the case. Mr. Spring: But your comments are taken and will be acted upon. Chairman Winton: Oh, I understand, yeah. 89. GRANT EXTENSION OF HOURS OF SALE FOR ESTABLISHMENTS DISPENSING ALCOHOLIC BEVERAGES FOR CONSUMPTION ON PREMISES (C.O.P.) DURING 2003 RUGBY WORLD CUP, FROM FRIDAY, OCTOBER 10, 2003 THROUGH SATURDAY, NOVEMBER 22, 2003. Chairman Winton: OK. Did you have a pocket item, Commissioner Teele? Vice Chairman Teele: Yeah. Mr. Chairman, I have a pocket item. This is a resolution of the City of Miami granting extension of hours for the sell of establishments dispensing alcoholic beverages during the 2003 Rugby World Cup, from Friday, October 10, through Saturday, November 22, pursuant to the provisions contained in Section 4-2 of the Code, and there's background information. We've done this before. Commissioner Sanchez: Where is it being held at? Vice Chairman Teele: Well, it's going to be held in Australia and -- Commissioner Sanchez: Australia. Commissioner Regalado: But it's going to be televised -- Vice Chairman Teele: But it'll be televised -- 332 September 11, 2003 Commissioner Sanchez: Oh. Commissioner Regalado: -- here. Chairman Winton: Oh, OK. Vice Chairman Teele: -- and so there's a -- the resolution a company a 14 -hour lag time. We're doing this, just so that you know, Churchill's, which is in -- which is a unique business in Little Haiti, but is British in its orientation, and it draws people from all over, they wrote a letter saying their best weekend since in the history of the business was when they stayed open for the World Cup soccer -- Chairman Winton: Oh, cool. Vice Chairman Teele: -- last year, so it's a clear economic development. Chairman Winton: OK. Commissioner Sanchez: I just heard rugby, and I said -- Chairman Winton: Motion. We got a motion. Commissioner Sanchez: -- we don't play that around here. Chairman Winton: We got a -- who seconded it? Commissioner Sanchez: Second. I'll second. Chairman Winton: Motion, second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-1019 A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING A REQUEST TO EXTEND THE HOURS OF SALE FOR ESTABLISHMENTS DISPENSING ALCOHOLIC BEVERAGES FOR CONSUMPTION ON THE PREMISES (C.O.P.) DURING THE 2003 RUGBY WORLD CUP, FROM FRIDAY, OCTOBER 10, 2003 THROUGH SATURDAY, NOVEMBER 22, 2003, PURSUANT TO THE PROVISIONS CONTAINED IN SECTION 4-2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED. 333 September 11, 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. Vice Chairman Teele: And this is a resolution of the City Commission authorizing the City Manager to plan, organize, and conduct -- Commissioner Regalado: Excuse me, Art. Vice Chairman Teele: Sir. Commissioner Regalado: On the first one that we approved, I think that, you know, the Police should be involved in that because the past ordinance that we passed orders cafeterias and all that to close at 10, or cease serving beer, and so you -- the Manager needs to communicate with the chief of Police because -- Chairman Winton: With the chief. Vice Chairman Teele: Well, this doesn't really relate to 10 a.m. The backup on page 3 of the resolution, it lays out -- it extends from 3 a.m. to 7 a.m., and if it is a hotel/motel with less than a hundred guests rooms, specialty water, and then -- it lays out in specificity, but this doesn't relate to your basic cafeterias, as I understand. Commissioner Regalado: Oh, OK. OK. Vice Chairman Teele: All right. Commissioner Regalado: I just thought -- 334 September 11, 2003 90. AUTHORIZE MANAGER TO PLAN, ORGANIZE AND CONDUCT WITHIN 90 DAYS, COMMUNITY PLANNING PROGRAM WITHIN BOUNDARIES OF N.W. 10TH TO N.W. 17 AVENUES AND N.W. 37 TO N.W. 39 STREETS; AUTHORIZE INCREASE TO EXISTING CONTRACT WITH CONSULTING ENGINEERING FIRM OF T.Y. LIN/H.J. ROSS & ASSOCIATES; REQUIRE THAT MANAGER IDENTIFY FUNDING FOR PLANNING AND ENGINEERING ACTIVITIES. Vice Chairman Teele: The next one is a resolution authorizing the City Manager to plan, and organize, and conduct, within 90 days, a community planning process -- I didn't want to use the word "charette," if the Planning director's here -- within the boundaries of Northwest 10th Avenue to 17th, 37th Avenue -- 37th to 39th Street; further authorizing an increase in the existing contract of Ross and Lin, as identified by the -- as they were identified by the capital improvement, and further authorizing the Manager to identify funds for the planning and engineering activities. So move. Commissioner Gonzalez: Second. Chairman Winton: Motion, second. Discussion. Vice Chairman Teele: And just so that Commissioner Gonzalez, I'm not able to talk to you. This is the Allapattah area that is, you know, between 10th and 17th. Apparently, you all had started a funding or something, and there's some confusion or some -- Commissioner Gonzalez: Yeah. Sidewalks and -- Vice Chairman Teele: -- yeah, and what we're trying to do is see how much you had put in there and if any of it's going to be available, but this will just begin a planning process. Commissioner Gonzalez: (UNINTELLIGIBLE) continue supporting the area. You know, whatever (UNINTELLIGIBLE) we'll work together. Vice Chairman Teele: Good. This is the area that was deannexed -- Chairman Winton: Oh, OK. Got it. Right. Vice Chairman Teele: -- based upon the -- Chairman Winton: Got a motion and a second. Further discussion. Being none, all in favor, aye. The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. 335 September 11, 2003 The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-1020 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO PLAN, ORGANIZE AND CONDUCT WITHIN 90 DAYS, A COMMUNITY PLANNING PROGRAM FOR THE AREAS BOUNDED BY NORTHWEST 10th TO NORTHWEST 17TH AVENUES AND 37 NORTHWEST 37TH TO NORTHWEST 39TH STREETS, MIAMI, FLORIDA; FURTHER AUTHORIZING AN AMENDMENT TO AN EXISTING AGREEMENT IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE CONSULTING ENGINEERING FIRM OF T.Y. LIN/H.J. ROSS & ASSOCIATES TO ASSIST WITH THE PLANNING AND ENGINEERING ACTIVITIES FOR SAID PROGRAM; FURTHER DIRECTING THE CITY MANAGER TO IDENTIFY FUNDING FROM AN APPROPRIATE CAPITAL IMPROVEMENTS PROJECT FOR THE ALLOCATION OF FUNDS NECESSARY FOR SAID 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 Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 91. PROVIDE SUPPORT TO FACILITATE "THE 2ND ANNUAL EUROPEAN TOUR OF LIP, TONGUE & EAR POETRY PRODUCTIONS"; AUTHORIZE FUNDING BE ALLOCATED FROM DISTRICT 5 OFFICE BUDGET, $3,000 FOR AFOREMENTIONED TOUR WHICH BEGINS ON OCTOBER 1, 2003. Chairman Winton: Next one. Vice Chairman Teele: And the final is a resolution of the City to provide to the second annual European tour of the Lip, Tongue, and Ear -- I'm not making this up. Chairman Winton: Yeah. We're not believing it. Vice Chairman Teele: -- Poetry Productions, incorporated, which supports educational benefits from participants of the City of Miami and reflects positively on the culture and literature 336 September 11, 2003 through a display of poetic expressions and spoken words, and further authorizing the funding to be allocated from the District 5 office budget, and the account is written in -- Commissioner Sanchez: Second. Vice Chairman Teele: -- in the amount not to exceed $3,000, and the aforementioned tour begins on October 1. Commissioner Sanchez: Second. Vice Chairman Teele: Budget director, thank you. Chairman Winton: Got a motion, 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 Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-1021 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $3,000, IN SUPPORT OF "THE 2ND ANNUAL EUROPEAN TOUR OF LIP, TONGUE & EAR," COMMENCING OCTOBER 1, 2003, WHICH PROVIDES CITY OF MIAMI PARTICIPANTS A POSITIVE EDUCATIONAL REFLECTION OF CULTURE AND LITERATURE COMBINED THROUGH THE DISPLAY OF POETIC EXPRESSIONS AND SPOKEN WORDS; ALLOCATING SAID FUNDS FROM THE DISTRICT 5 COMMISSION OFFICE BUDGET, ACCOUNT NO. 001000.920922.6.930, 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 Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 337 September 11, 2003 Vice Chairman Teele: Thank you, Mr. Chairman. Chairman Winton: Yes, sir. 92. AUTHORIZE AND DIRECT MANAGER TO WAIVE STREET CLOSURE FEES, ON TEMPORARY BASIS, DURING SCHOOL HOURS, FOR KINLOCH PARK ELEMENTARY SCHOOL LOCATED AT 4275 N.W. 1 STREET AND KINLOCH PARK MIDDLE SCHOOL LOCATED AT 4340 N.W. 3 STREET, TO PROVIDE SAFE ACCESS FOR CHILDREN TO USE RECREATIONAL FACILITIES ACROSS STREET. Commissioner Regalado: I have one pocket item. Chairman Winton: Yes, sir. Commissioner Regalado: A motion authorizing the City Manager to waive the fees for a street closures only on a temporary basis, during school hours, associated with the Kinloch Park Elementary School, located at 4275 Northwest 1st Street, and Kinloch Park Middle School, located at 4340 Northwest 3rd Street, in a way to assist in providing safety access for the children to use their recreational facilities across the street. What happened is that they need to cross the street to go to the playground, and the school says that they do want to close that and have their security there, but they need to pay fees, and they do not have the budget, so my motion is to have the Manager waive the fees for the closure of these two streets. Chairman Winton: Need a second. Commissioner Gonzalez: Second. Chairman Winton: We have a motion, second, and third. 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 -1022 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO WAIVE STREET CLOSURE FEES, ON A TEMPORARY BASIS, DURING SCHOOL HOURS, FOR KINLOCH PARK ELEMENTARY SCHOOL LOCATED AT 4275 N.W. 1 STREET AND KINLOCH PARK MIDDLE SCHOOL LOCATED AT 4340 N.W. 3 STREET, TO PROVIDE SAFE ACCESS FOR THE CHILDREN TO USE RECREATIONAL FACILITIES ACROSS THE STREET. 338 September 11, 2003 Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Commissioner Sanchez: Move to adjourn. 93. COMMENTS TO STAFF REGARDING BUDGET PREPARATION. Commissioner Gonzalez: (UNINTELLIGIBLE) do you -- Chairman Winton: Yes. I want -- Mr. Manager, I would like to say something about the process tonight because I'm going to tell you that from where I sit, I'm thrilled with process tonight. First of all, I think, by and large, staff did a really good job, but there has to be additional thinking about and listening to questions this Commission is asking and better thinking about and better preparation for answers to those questions that's going to solve a lot of future problems, but I think the other thing that happened in this budget process is this was probably the most civil budget process that I've been through since I've been here, which is a credit to all of my colleagues, and I'm thrilled to death to be working with you guys because I think this really went smoothly. The third thing that is so encouraging to me is, Commissioner Gonzalez has said -- and this -- you know, I've sat here trying to kind of keep the peace because the battle's been going -- Commissioner Gonzalez has said, "I'm ready for real peace," but Mr. Manager, he's saying you come meet with him personally, don't send staff, personally, and you two will create the kind of harmony that we need so that we end up, at minimum, 4/1 votes and maybe 5/0 votes for the next, at least, year -- Commissioner Sanchez: I doubt it. Chairman Winton: -- and I'm counting on that, so thank you all. Commissioner Regalado: One votes makes the different, remember. Chairman Winton: I always remember that. Commissioner Regalado: This President, 700 votes. Chairman Winton: Right. Always makes a difference. Thank you all. We're adjourned. 339 September 11, 2003 THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 9:49 P.M. Attest Priscilla A. Thompson CITY CLERK Sylvia Scheider ASSISTANT CITY CLERK (S E A L) MANUEL A. DIAZ MAYOR 340 September 11, 2003