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HomeMy WebLinkAboutCC 2002-01-10 Minutes0 • CITY OF MIAMI X 1, tFv" I, xa CITY COMMISSION MEETING MINUTES OF MEETING HELD ON JANUARY 10, 2002 PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL Walter J. Foeman/City Clerk MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 10'h day of January 2002, 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 9:28 a.m. by Chairman Tomas R.egalado with the following members of the Commission found to be present: Commissioner Angel Gonzalez (District 1) Vice Chairman Johnny L. Winton (District 2) (9:31 a.m.) Commissioner Joe Sanchez (District 3) Chairman Tomas Regalado (District 4) Commissioner Arthur E. Teele, Jr. (District 5) ALSO PRESENT: Manuel Diaz, Mayor Carlos A. Gimenez, City Manager Alejandro Vilarello, Assistant City Attorney Walter J. Foeman, City Clerk Sylvia Scheider, Assistant City Clerk 1 January 10, 2002 R Ptey, y3 4y jW. *: , TI 'ITT TCS NSW ESP S SS�W`I'T?� Chairman Regalado: (INAUDIBLE) is here in the building. And Commissioner Teele will do the invocation. Commissioner Gonzalez, the pledge of allegiance. If you all please stand. Commissioner Teele: Thank you, Mr. Chairman. Before we start the meeting, we normally have a volunteer prayer. So, if you would join me, please, in just a moment of silent prayer. An invocation was delivered by Commissioner Teele, followed by Commissioner Gonzalez leading those present in a pledge of allegiance to the flag. Chairman Regalado: Before we take up the consent agenda, there are some announcements. The City Attorney and the administration have requested that we withdraw PZ -1. This will be continued. PZ -1 will be deferred to January -- Alejandro Vilarello (City Attorney): We prefer that it be withdrawn and it will come back with a revision to the assigned ordinance, which will incorporate the suggestions made in PZ -1. Chairman Regalado: OK, So, PZ -1 will not be heard today. We have some time certain items. Commissioner Gonzalez has requested that we hear an item at 11 o'clock. Some family members of Orlando Urra will be here. So, around 11 o'clock we'll be handling the item time certain. We have an executive session at 2 p.m. today. Mr. City Attorney, how long do you think you need for the members of the Commission? Mr. Vilarello: Approximately an hour to an hour and a half. Three different cases. Chairman Regalado: So, are you OK, all of you, with a 2 o'clock, executive session? OK. Commissioner Teele: Could we make it at 2:15. Chairman Regalado: Two fifteen. You have MPO (Metropolitan Planning Organization) meeting today? Commissioner Teele: No, I don't. Chairman Regalado: OK. Well, 2:15 executive session. So, that will be the time where we will come back. The CIP (Capital Improvement Program) will not be heard this morning, but at 5 2 January 10, 2002 C] • o'clock, if you all agree. There are some issues that needs to be discussed and addressed, and it will be a public hearing. So, if anybody's here on the CIP, it will be discussed on a public hearing at 5 o'clock. Mr. Manager. Carlos Gimenez (City Manager): Yes, Mr. Chairman. We also had the bus benches that was advertised for that same time at 5 o'clock, the discussion on the bus benches. Chairman Regalado: OK. So, we -- yes, sir. Commissioner Teele: Mr. Chairman, I recommend that we set up -- take up the CIP at 4:59. In that way we'll take up the CIP and following that, we'll take up bus benches. Chairman Regalado: Absolutely. Commissioner Teele: I think CII' has more citywide significance. Chairman Regalado: Absolutely. Four fifty-nine, time certain, the CIP and then immediately following, the bus benches item. So, I don't think that we have any more announcements. Mr. Manager. Mr. Gimenez: Mr. Chairman, the administration would like to defer items number 5 and 15. Chairman Regalado: Number 5. Mr. Vilarello: That would be a deferral to the next City Commission meeting. Note for the Record: Vice Chairman Winton entered Commission meeting at 9:31 A.M. Chairman Regalado: Number 5. Commissioner -- Vice Chairman Winton, we have -- at the request of the administration, Commissioner, we have -- withdraw PZ -1 to be discussed later on. Also, we have an executive session at 2, but Commissioner Teele requested if we can do it at 2:15. So, it's 2:15. We have a time certain discussion on the CIP at 4:59. And then immediately following, the bus benches. Both public hearings. So, if you guys are OK with that, that will be the way that -- OK. The Manager has -- Commissioner Teele: I move the deferral of the items read into the record by the Manager. I believe 5 and 15. Commissioner Sanchez: Second. Chairman Regalado: There is a motion and a second. All in favor say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. January 10, 2002 The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 02-1 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 5 (PROPOSED WAIVER OF SEALED BID PROCEDURE AND ACCEPTANCE OF PINO KAOBA & ASSOCIATES, INC., FOR PROJECT ENTITLED "MANUEL ARTIME COMMUNITY CENTER INTERIOR IMPROVEMENTS, B-6399") AND ITEM 15 (PROPOSED ORDINANCE ON FIRST READING TO AUTHORIZE AD VALOREM TAX EXEMPTIONS TO NEW AND EXPANDING BUSINESSES WITHIN ENTERPRISE ZONE) UNTIL THE NEXT REGULARLY SCHEDULED COMMISSION MEETING. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regaiado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 4 January 10, 2002 P AV 9P.NP C21� GI'PA ' �� }fig ga °� �• ('"A "scat ylY. i P A' V 1/ }gyp 4 �r'Y �� ¢� I . _ IT W, ION °T? A�I�ESz ,CTf�ti`1T'RB� SITANDAL TS{. :11W 7 ;¢ 7. € `� k :rte; �.;7� T7-� ����^�T [7�iT 7�'� fi .T��crR L Q �.I-7RAa-+ �; 11101 all Y�11J ki J: � Yf d x � �{'! OV N ANTS ,ir 4" 0 I � 90 4� d Chairman Regalado: So, we have the consent agenda. Anybody wants to pull -- I know that Commissioner Gonzalez had requested some items pulled from the agenda, I don't remember the number, but -- has it been already withdrawn or is it in the agenda, Commissioner? Commissioner Gonzalez: I believe it was withdrawn. Chairman Regalado: OK. It was withdrawn. So, anybody -- Commissioner Teele: Move the consent agenda, Mr. Chairman. Commissioner Sanchez: No, Mr. Chairman. If I may, there is an item that I would like to discuss on the consent agenda, which is CA -20. Chairman Regalado: CA -20. You want to defer or you want -- Commissioner Sanchez: No. I would like to amend it. 5 January 10, 2002 Chairman Regalado: OK. We need a second. Commissioner Teele: Mr. Chairman, I would move the consent agenda. Chairman Regalado: OK. We need a second now. Commissioner Gonzalez: Second. Chairman Regalado: Second. Now for discussion. Commissioner Sanchez: OK. Discussion. On the discussion item on CA -20, what I'd like to get from the administration -- is Mr. Rollason here? I would like to see if we could somehow house there a police -- mini police office, where police officers can go in and out and do paperwork. That is an area that we have focused on that, for many years, trying to relieve it of the crime in the area. And the area itself, we've leased this space for the homeless program. There will be -- in the agreement, it's clearly stated that there will be no process or housing of homeless individuals there. I would like to recommend and ask that we have the opportunity to house there an office where the Police Department could go in and do their paperwork because they're concentrating on the area. Also, the focus of this is to have the East Little Havana Problem Solving Team work out of there, because we are basically working with the Police Department to try to clean up that area. And I think it's a good step in the right direction to have not only police presence in the area, but also to have them working out of there to focus on that area, to take that area back block by block, which is my goal as a Commissioner, to clean up that area. For quite some time, we have been able to clean the area but, apparently, you know, the revolving door in our court system allows people to get back and, of course, Miami continues to be the dumping ground of criminals that are -- both the Dade County Jail and of course as soon as they walk out, they stay in the City. And we need to do something about that. And I'm taking a strong stand on that as of -- it was in my goal when I first got here in'98, and it continues to be. And I would strongly ask that I get support to house the East Little Havana Police Solving Team. Not only that, but it would also focus on many things there, which we could have monthly meetings with the crime prevention merchants association, which will start -- we're working with the Police Department. We're going to start working with the merchants and we're going to start working with the homeowners' association in other areas to take that neighborhood back and we're going to take it back. So, that is my motion, to amend that, you know, we would have a space there for the Police Department to work out of So, that's my amendment to CA -20. So moved. Commissioner Teele: Accept the amendment as a request to make space available for this purpose. Mr. Chairman, the only thing -- I mean, you know, the Chief can speak for himself, but this doesn't direct the Chief to do that. This directs the Manager to make space available. Now, 6 January 10, 2002 whether or not the Chief operationally -- that needs to be dealt with in a separate way, I would imagine. Commissioner Sanchez: Absolutely. Chairman Regalado: You want the Chief to expand on this proposal? Chief Martinez. Carlos Gimenez (City Manager): Yes, sir. Commissioner Sanchez: Well, as it is right now -- Mr. Gimenez: As far as space is concerned, we believe that there's plenty of space to accomplish what you want to do. Commissioner Sanchez: There is plenty of space there. Commissioner Teele: That's what his motion -- Commissioner Sanchez: And that's what my -- my motion -- nowhere, as you know, under the City Charter, we cannot direct the Police Department or anybody to take any actions. But what I'm suggesting to you is that work with the Police Department to see if we could work something out. We have an area there that's going to be -- it's a big area and I think that if we're not going to process or house anybody there, what are we going to use it for? Storage? So, it's an area that's crime ridden. It's an area that needs to be addressed. The Police Department knows that I've worked with them. I've had several meetings with the NET (Neighborhood Enhancement Team) administrators. I've had several meetings with the Mayors of the South District, the one on Coral Way -- 8th Flagler and 22nd and also East Little Havana to focus on that area. I think it's a golden opportunity for us to use all our resources, including that area there, to attack an area and clean it up and, you know, give it back to the citizens. Mr. Gimenez: Yes, sir. We'll follow your advice. Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: I'd like to just get clarification on Items Number 20, 21 and 22. I'm sorry, 20, 21 and Number 9. Starting with Number 20,1 believe. Vice Chairman Winton: Is that CA or regular? 7 January 10, 2002 Commissioner Tcele: CA. No. Twenty is yours. Twenty-one is the one. Twenty-one and 22. I apologize. Chief, I want to commend you on corning forward again with conflict resolution dollars for Law Enforcement Trust Fund. And consistent with what Commissioner Sanchez just said, I'm very mindful of the fact that neither the Manager, the Mayor, nor the Commission can direct you on the expenditure of Law Enforcement Trust Fund. We can guide, recommendation, provide policy. But pursuant to state law, that's something that's reserved for each chief. The question that I have has really not an opposition or concern about this, but it has a concern to do with the Law Enforcement Trust Fund dollars and the policies that we have enunciated from this Commission. I would ask -- under the context of Law Enforcement Trust Funds of Number 21 -- for you to meet with the Public Works Department and with the Parks Department and let's make sure that we're using proper Law Enforcement Trust dollars to provide security and protect facilities that we're building. And this is particularly true as we look at our overall parks -- I mean, our overall bond initiative that we just approved, the two hundred and fifty million dollars ($250,000,000). It gets back to the one thing that I'm concerned about, Mr. Manager and Chief. Every department is doing their own thing and there's not enough coordination. And specifically, at Hadley Park that I'm asking you to take a look at -- this Commission instructed that -- in the context of Commission Regalado and working with the telecommunications and cable companies, that new parks facilities be cable accessed. That wasn't done for whatever reason. I don't know where we are on that. We're supposed to get a report. The building's still under construction, but it's not being done. We also directed that Law Enforcement Trust Fund dollars be used to ensure that new buildings and buildings that we bring on line have, you know, the kind of state-of-the-art crime suppression/detection, because it's nothing worst to a government than for somebody to break into a parks building because that's just -- there's no insurance. You're just lost there. And I'm really concerned. I don't know the answer, but I don't know whether or not you all have really worked with the Parks Department and Public Works on the Hadley Park. It's supposed to be opened next month, I suppose, on whether or not we really do have a crime suppression plan in place. And I think that's the kind of thing that I'm really concerned about using Law Enforcement Trust Fund for. I'm not against what we're doing here with conflict resolution, and I think it's a reoccurring thing, particularly in light of the citizens independent and the public confidence. But we also have got to bring in line use of Law Enforcement Trust Fund as we bring on line the bond proceeds, the construction of new facilities and bond -- you know, with parks facilities and office facilities, et cetera. So, I would just ask in looking at your expenditure of Law Enforcement Trust Funds, you look at what we're doing to make our government buildings more secure. I'm not talking about homeland -- I'm not talking about terrorists. I'm talking about real homeboy security as opposed to homeland security. But you know the problems that we have with these crimes of opportunity in the community. And I'd just like to know, do you know if you all have been in contact with the people over there? I know the Hadley Park Homeowners' Association met with you all about this. I know we briefed the Mayor on this at the police station the other day. But do you know where you all are on that? January 10, 2002 Raul Martinez: Commissioner, Raul Martinez, Chief of Police. We have met with the Hadley Park Homeowners Association several times. We have not looked at dollars for physical security for the structure at all. Commissioner Teele: Is that an eligible expenditure? Chief Martinez: Commissioner, I'm not sure. I'm not sure. I mean, we have to ask the Law Department to see how they feel on that. If I had to guess on that, I would probably say, no, but I don't want to state that on the record right now. We have worked with Parks quite a bit on issues, such as operational dollars. That's why we spent over -- close to six hundred thousand dollars ($600,000) to fund PAL (Police Athletic League) program at all the parks and we will, probably in the next couple months, come back in front of the Commission again to put more dollars for operational dollars at the parks, because I think that's also a need, to create programs. Commissioner Teele: Would you come back and talk to us individually about where we're going with PAL before you come in with a final program? Because I do think that's a program that we all recognize has not really gotten the level of attention and it's sort of a new program in the sense, and it's an opportunity, I think, particularly for Commissioner Gonzalez and others of us who are, you know, to get to know about a program other than just presenting us a fait accompli. But I don't want to take up the time. I just wanted to ask your support in looking at how we can make our buildings more secure, as opposed to just reacting all the time. Commissioner Winton, I yield. Vice Chairman Winton: But you don't want to drop this point here. If they can't do it with Law Enforcement Trust Funds, we need to find other funds. Because your point is absolutely one hundred percent on and that is that every time there is vandalism or damage or whatever, that's dollar for dollar right out of our pocket. So, what we spend up front is very important here. Commissioner Teele: And it's really important in the context of the bond referendum, where we're going do go out here and -- we need to plan these projects right. We need to plan the physical security aspect, as well as the technology aspect, as opposed to just building buildings the way we've always done and I'm certainly (UNINTELLIGIBLE). Vice Chairman Winton: Could I ask another question along that vein? Chairman Regalado: Yes, sir. Vice Chairman Winton: Is it -- do all governments self -insure for property casualty? 9 January 10, 2002 Mr. Gimenez: No, not all governments do. Some buy insurance policies, like, you know, the average person, Vice Chairman Winton: In a City like the City of Miami, do we know that it's more cost efficient? Mr. Gimenez: We have property insurance. There's a hundred thousand dollars ($100,000) deductible so that if we do suffer some kind of a loss, there is -- we'll pay the first hundred thousand. Then after that, insurance kicks in. Vice Chairman Winton: Well, the first hundred thousand, you know -- how many times do we have anything over a hundred thousand? Almost never. Mr. Gimenez: We just had one, as a matter of fact. An incident that -- a loss that was well over a hundred thousand dollars ($100,000). And today there will be an item on appropriations that's going to appropriate a hundred thousand dollars ($100,000) to pay the deductible on a loss we just recently had. Vice Chairman Winton: Well, I guess the question is, we -- you know, we self -insure for everything and I've -- you know, we keep writing these big checks out for all kinds of things that we self -insure for and you just have to begin to wonder whether or not -- and I know we've had a million priorities. You haven't been here that long, so you just wonder if that isn't an area -- insurance for all kinds of things -- whether or not we shouldn't be kind of relooking that issue about the cost to benefit relationship to self-insuring because the self-insuring is coming right out of our pocket a hundred percent, virtually. Mr. Gimenez: We have -- we'll look at it again. We, you know, for a number of years have felt that probably that hundred thousand dollars ($100,000) deductible was the best way to go because once you go under those limits, then the insurance becomes increasingly higher and higher because the -- you know, we do have a certain number of incidents in the City that then we'd be paying out on. So, it -- you know, we've just got to weigh -- it's a risk analysis, and we always felt that the hundred thousand dollars ($100,000), or have since -- Vice Chairman Winton: But who's done the risk analysis? Mr. Gimenez: Excuse me? Vice Chairman Winton: Who's done that risk analysis? 10 January 10, 2002 Mr. Gimenez: Risk Management. And we also have -- we have insurance brokers and also consultants in that area that guide us in what's the best level of insurance to have and the right level with the right price. Vice Chairman Winton: Oh, OK. So, we are looking at that routinely? Mr. Gimenez: Yes, sir. Vice Chairman Winton: OK. Commissioner Teele; Mr. Chairman, Chairman Regalado: Yes, sir. Commissioner Teele: I just would like to conclude by saying the point that Commissioner Winton and the Manager are making is my point. You know, one theft -- and, you know, let's just face it. This park is going to house all of the optimist equipment. It's a storage facility, OK. And, you know, it's only so much Community Block Grant Development public services dollars we have. We need to make sure that we do have a very aggressive security plan. And I think, you know, that should be done really by our Police Department. I would hope that we would look creatively at how we can work within the law with Law Enforcement Trust Fund. But, again, every theft is going to come out of our general fund dollar for dollar. So, the other -- the only other thing on the item -- the next item, which is the Public Works -- I'm sorry. The Planning Department item is, we need to just make sure, Mr. Attorney -- you know, there's a general rule and a state law, but I think it's also very helpful if we include in our contracts provisions that other governmental bodies may purchase from these agreements. We have MSEA (Miami Sports & Exhibition Authority). We've got the DDA (Downtown Development Authority). We've got CRA (Community Redevelopment Agency). And one of the things, you know, that we try -- I try to do at the CRA, rather than going out entering into a lot of bid documents -- we're out on the street now. We had to pull it back because we had some glitches and all that kind of stuff and redo it -- is to rely upon the City government competitive process and by state law, we can buy off of it. But I think it just makes for a much smoother deal if the template, Mr. Attorney, in all of these Public Works documents and planning documents, engineers, architects, planners, specifically say that City agencies may purchase off of these with, you know, just a very modest format that's required. In effect, as far as I'm concerned, you've just given the DDA and the CRA and MSEA -- to the extent MSEA uses it or whoever -- a list of planners and that's what I would like to see us use for the next two or three years. And, Mr. Attorney, just like to note that on the record. Mr. Vilarello. Yes, sir. I made a note of it. I 1 January 10, 2002 Chairman Regalado: OK. And, Commissioner Teele, just for your information, Hadley is not the only park that is being targeted by vandals. On January 18th, by the way, you all are all invited. At 4 o'clock, the Mayor, myself, Commissioner Sanchez -- this is our district -- will be participating in the grand opening of the new community center in Shenandoah Park -- so, one week from now, the park will be opened. However, twice the windows have been broken during construction, and this has cost thousands of dollars. The vandals are really aggressive in that area. And it's a shame because people really like that building, and we have a problem with the vandals in that park. So, it's not only there. Commissioner Teele: What time is that January -- Chairman Regalado: Four o'clock, Shenandoah Park, located at 21st Avenue --yes, Albert. Albert Ruder (Director, Parks and Recreation): Yeah, Commissioner. Your office asked us yesterday if it could be -- Chairman Regalado: Four thirty. Mr. Ruder: Four thirty. Chairman Regalado: Yeah. Because the Mayor will be doing a tour of the area. So, it will be 4:30, Shenandoah Park, 21st Avenue, Southwest 19th Street. It's a new community center. A community center -- Vice Chairman Winton: Can we get a notice of that sent to our office? Chairman Regalado: Yes, sir. Vice Chairman Winton: I mean, can we -- can you send us a -- Chairman Regalado: I'll -- I will -- Commissioner -- Vice Chairman, I will send the notice. And it will be nice for you to see it, because the design of this community center was done by the neighbors, not by just somebody in the administration, but the neighbors participated on the design. So, anybody from the public on the consent agenda? No one. So, we close the public hearing. Commissioner Gonzdlez: Mr. Chairman. Chairman Regalado: Yes, sir. 12 January 10, 2002 Commissioner Gonzdlez: I have a question on CA -17, and it's in reference to reducing the quorum requirement of -- for five -- to five for housing and Commercial Loan Committee. We're not talking -- and then it describes the composition of this committee. We're not discussing the composition of the committee at this time, right? That -- Chairman Regalado: 1 don't know. Gwen. Gwendolyn Warren (Director, Community Development). Yes, sir. Gwendolyn Warren, Community Development. Commissioner Gonzdlez: Yes. Any my question is, this committee has been established and it is in place at this point, right? Ms. Warren: Yes, sir. Commissioner Gonzdlez: In time. OK. So, all we're approving here is to reduce the requirement to -- for quorum to five. Ms. Warren: Yes, sir. Commissioner Gonzalez: When are we going to really discuss this committee? Do we do this once a year or -- the composition of the committee. Ms. Warren: We can discuss it any time that the Commission wants to bring it up for discussion. Chairman Regalado: But did we -- we don't appoint people to it. Ms. Warren: No. Commissioner Gonzdlez: No. But, Mr. Chairman, my concern -- Chairman Regalado: Do you want to place it on the agenda for the 24th and discuss -- Commissioner Gonzalez: I would like to, yes, sir. Chairman Regalado: -- the role -- Mr. Manager -- Commissioner Gonzdlez: Right. 13 January 10, 2002 Chairman Regalado: -- we will discuss the role of this committee. Commissioner Gonzdlez: And also the composition. Mr. Gimenez: Yes, sir. Commissioner Teele: Mr. Chairman, may I recommend one thing? I think if we're going to do this, we need to discuss it in the full context, Mr. Attorney. So, I think the full context is the consent agreement that we have with the federal government regarding the handling of the Community Development funds. And then let's focus in on this aspect. But that -- this committee and this provision is a part of a settlement in which the federal government found that this Commission, not any of us sitting here, directly interfered with and politically steered and made certain decisions that cost the federal government dollars and some of this is, you know, played out in a court case with one person that's still incarcerated, you know, where loans were subordinated and those kinds of things. And the composition of this committee, which I was -- one of the first things that Mayor Suarez appointed me to do when I was elected, was to negotiate -- because they were about to shut off all of our funding -- with the federal government a settlement, a comprehensive settlement of all of the claims, and this is a key component of that -- this hands off committee, that is, hands off from the Commission. That's not at all to say that it shouldn't be revisited and it shouldn't be reexamined. But I think just to focus in on that without focusing in on the context that we have this -- and we need to get copies of the findings, and then copies of our responses, and then copies of the settlement, so that we can have a really, you know -- because we could very well -- see, we've still got some open issues. Ms. Warren: Significant ones. Commissioner Teele: That -- this is going back, you know, from before I was -- before I was elected. All this happened prior to '97, really, OK. So, the agreement we entered into, I guess, was in '9$ or '99. Ms. Warren: The settlement was in the year 2000. And the loan portfolio, which is associated with this committee, is still a probationary issue. They settled the argument -- the audit with the exception of this issue, and this committee is to review all of the loans and mortgages that are associated with -- Commissioner Teele: Has that urban league issue been settled, too? Ms. Warren: The urban league financial issues were -- the City settled it by paying the monies, did four million -two, back to the government from non-federal funds. But the loans and any future loans have to go through this committee, as you indicated, Commissioner, for independent 14 January 10, 2002 financial review with -- by a majority of outside financial specialists, and that the agreement is that the loan -- Housing Loan Committee will review all housing and commercial loans, and that they would not make final approval, subject obviously to the review and approval of the Commission. But the settlement agreement also includes that if you alter the recommendations, it requires a commitment of general fund monies. So we'll bring it back and, again, with all of the parameters of the audit and the settlement. Mr. Vilarello: Mr. Chairman, if I could make a suggestion to Commissioner Gonzalez. Chairman Regalado: OK, Can I say -- maybe you can brief Commissioner Gonzalez -- Ms. Warren: I would love to. Chairman Regalado: And then, if he has still some questions that he feels that needs to be discussed in public, then we'll place it on the agenda. Whatever you want -- Commissioner Gonzalez: That will be great. I think that that will be perfect. Ms. Warren: Thank you. Chairman Regalado: OK. Commissioner Gonzalez: Thank you, Ms. Warren. Chairman Regalado: Any more on the consent? Commissioner Gonzalez: OK. I have another question on CA -22 as to planning and urban design services for -- to four firms, maximum, fee six hundred thousand dollars ($600,000) per firm for three years. Chairman Regalado: That's the issue that Commissioner Teele was addressing on -- just now. That's a cap. And he was saying that, you know, CRA and MSEA and other entities should participate and buy from the City those services. Commissioner Gonzalez: But my question is, is this going to cost us six hundred dollars ($600) a year per firm every year for three years or -- Ana Gelabert (Director, Planning & Zoning); No. It's -- Ana Gelabert, Director of Planning and zoning. The six hundred is for three years, and it's a cap of six hundred. 15 January 10, 2002 Commissioner Gonzalez: So, it will be two hundred dollars ($200) per year, maximum? Chairman Regalado: Two hundred thousand. Ms. Gelabert: It's a maximum during those three years of six hundred thousand. That's the cap. Commissioner Gonzalez: OK, Great. Thank you. Commissioner Teele: Frequently, though, in fairness, in the past there have been firms that have been selected that have not got -- that have not gotten any contracts or -- this doesn't give anybody any money. It merely gives the departments and the agencies the opportunity to utilize these firms during this three-year period. It still has to -- I don't know if they have to come back to us. Ms. Gelabert: Well, if the project is -- when we decide, you know, what type of project, based on your request or neighborhood request, we would bring it back to you and then get a figure. You would authorize it and then the City Manager would have then -- then the City Manager would negotiate the contract. But we would -- the department would be back in front of you to tell you what are we doing and how much would it be. Commissioner Gonzalez: Thank you. Chairman Regalado: OK. So, there is a motion and a second on the consent agenda. All in favor say "aye." The Commission (Collectively): Aye. Chairman Regalado: OK. It passes. 16 January 10, 2002 • • NOTE FOR THE RECORD: CODE SEC. 2-33 (J) STIPULATES THAT CONSENT AGENDA ITEMS THAT ARE REMOVED FROM THE AGENDA PRIOR TO CITY COMMISSION CONSIDERATION SHALL AUTOMATICALLY BE SCHEDULED AS A REGULAR AGENDA ITEM AT THE NEXT REGULARLY SCHEDULED MEETING OF THE CITY COMMISSION. Thereupon, on motion duly made by Commissioner Teele and seconded by Commissioner Gonzalez, the consent agenda items were passed by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 41*4XIMISM]MO S 1 I A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF JIREH JANITORIAL SERVICE, INC, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS NO. 00-01-239 M/WBE, DATED OCTOBER 3, 2001, FOR THE ACQUISITION OF CUSTODIAL SERVICES, ON A CONTRACT BASIS, FOR THE DEPARTMENT OF PARKS AND RECREATION DISABILITIES PROGRAM FOR A PERIOD OF ONE YEAR WITH THE TWO ADDITIONAL ONE-YEAR PERIODS, EXCEED $6,323.52; ALLOCATING FUNDS GENERAL FUND ACCOUNT. OPTION TO RENEW FOR IN AN AMOUNT NOT TO FROM FISCAL YEAR 2002 17 January 10, 2002 0 RESOLUTION NO. 02-03 • A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF LASER PRODUCTION NETWORK, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS NO. 00-01-36, DATED OCTOBER 22, 2001, FOR THE PROVISION OF REHABILITATION, RETROFITTING AND REPROGRAMMING SERVICES FOR THE LASER TOWER AT BAYFRONT PARK, IN AN AMOUNT NOT TO EXCEED $118,629; ALLOCATING FUNDS FROM THE BAYFRONT PARK MANAGEMENT TRUST CAPITAL IMPROVEMENT 4191flsl-4 9 RESOLUTION NO. 02-04 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF PREFERRED CONTRACTORS OF SOUTH FLORIDA, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS NO. 00-01-247, DATED OCTOBER 15, 2001, FOR THE PROVISION OF WATER LEAK REPAIR SERVICES AT BAYFRONT PARK, IN AN AMOUNT NOT TO EXCEED $10,694; ALLOCATING FUNDS FROM THE BAYFRONT PARK MANAGEMENT TRUST CAPITAL IMPROVEMENT BUDGET. 18 January 10, 2002 i RESOLUTION NO. 02-05 9 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF WEISS AND WOOLRICH, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS NO. 00- 01-282, DATED OCTOBER 15, 2001, FOR REPLACEMENT OF THE ROOFS OF THE AMPHITHEATER AND FOUNTAIN CONTROL BOOTH AT BAYFRONT PARK, IN AN AMOUNT NOT TO EXCEED $48,000; ALLOCATING FUNDS FROM THE BAYFRONT PARK MANAGEMENT TRUST CAPITAL IMPROVEMENT BUDGET. RESOLUTION NO. 02-06 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF JULES BROTHERS UNIFORMS, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS NO. 01-02-009R, DATED NOVEMBER 14, 2001, FOR THE ACQUISITION OF UNIFORM CLOTHING FOR THE DEPARTMENT OF PURCHASING, TO BE USED BY VARIOUS CITY DEPARTMENTS, ON AN AS NEEDED CONTRACT BASIS, FOR A PERIOD OF ONE YEAR, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM EACH OF THE GENERAL OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS, AUTHORIZING PURCHASES AS NEEDED, SUBJECT TO AVAILABILITY OF FUNDS. 19 January 10, 2002 • RESOLUTION NO. 02-07 0 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE ACQUISITION OF INSPECTION AND CERTIFICATION SERVICES FOR AERIAL DEVICES AND GROUND LADDERS FROM UNDERWRITERS LABORATORIES, INC. FOR THE DEPARTMENT OF FIRE -RESCUE, UNDER EXISTING MIAMI-DADE COUNTY CONTRACT NO. IB5439-4106-OTW-SW, EFFECTIVE THROUGH JULY 31, 2002, WITH THE OPTION TO RENEW FOR FOUR ADDITIONAL YEARS, AND ANY EXTENSIONS, IN AN ANNUAL AMOUNT NOT TO EXCEED $10,000; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 001000.280701.6.670. RESOLUTION NO. 02-08 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ACQUISITION OF MOBILE SHREDDING SERVICES FOR ON SITE SHREDDING OF CONFIDENTIAL DOCUMENTS THAT ARE NOT PUBLIC RECORDS FOR THE DEPARTMENT OF POLICE FROM SHRED - IT MIAMI, UNDER EXISTING STATE OF FLORIDA SNAPS 11 AGREEMENT NO. 9912023-2, EFFECTIVE UNTIL JUNE 14, 2002, AND ANY EXTENSIONS, IN AN ANNUAL AMOUNT NOT TO EXCEED $7,800; ALLOCATING FUNDS FROM THE POLICE GENERAL OPERATING BUDGET. 20 January 10, 2002 RESOLUTION NO. 02-09 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN EXTENSION OF TIME UNTIL FEBRUARY 28, 2002, FOR KAPUSTIN CORPORATION TO DETERMINE A JOINT PARTNERSHIP AND FILE ALL NECESSARY DOCUMENTS WITH THE FLORIDA DEPARTMENT OF STATE FOR THE REDEVELOPMENT OF AN AFFORDABLE HOUSING CONDOMINIUM PROJECT KNOWN AS FLAGLER FIRST CONDOMINIUM LOCATED AT 101 EAST FLAGLER STREET, MIAMI, FLORIDA. �ElpQUTO 009Q5, C TRAT AQUN ANT7A�AMOLT fig.:IV RESOLUTION NO. 02-10 A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 00-905, ADOPTED OCTOBER 26, 2000, TO CORRECT THE CONTRACT AMOUNT FROM A TOTAL AMOUNT TO AN ANNUAL AMOUNT. 21 January 10, 2002 • • AU HQ ZE . MAX., R :T BXECU ,E AGS ANT, AWS, TC Q t lb -SE OF DQ.0 AGE SPA.d AT TA ARIN AT BAY E PRASE T I�JN OR S' ICTL SA VENUE IVIIAM TE1zNA'i bi.4. A BOWT RESOLUTION NO. 02-11 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH NMMA BOAT SHOWS, INC. FOR THE USE OF DOCKAGE SPACE AT MIAMARINA AT BAYSIDE FOR THE PRESENTATION OF THE STRICTLY SAIL VENUE OF THE MIAMI INTERNATIONAL BOAT SHOW SCHEDULED FOR FEBRUARY 10-21, 2002, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 22 r January 10, 2002 RESOLUTION NO. 02-12 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RESCINDING RESOLUTION 01-269, IN ITS ENTIRETY, WHICH AUTHORIZED THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT WITH NEW ARENA SQUARE NORTH & SOUTH, LTD. FOR USE OF SPACE 110 IN THE OVERTOWN SHOPPING CENTER LOCATED AT 1490 NW 3RD AVENUE, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH DIAPERS EMPOWERMENT ZONE NEW MARKETS, LLC. ("LICENSEE"), FOR THE USE OF APPROXIMATELY 1,167 SQUARE FEET OF SAID SPACE IN THE OVERTOWN SHOPPING CENTER LOCATED AT 1490 NW 3RD AVENUE, FOR A DISCOUNT DIAPER RETAIL STORE ON A MONTH- TO-MONTH BASIS, WITH LICENSEE PAYING $6.50 PER SQUARE FOOT TO THE CITY OF MIAMI, EQUALING $632.13 MONTHLY, AND FOUR PERCENT OF MONTHLY GROSS SALES IN EXCESS OF $35,000, PLUS STATE USE TAX, IF APPLICABLE, AND GRANTING LICENSEE A SIX -MONTHS ABATEMENT OF THE MONTHLY FEE AND THE ADDITIONAL MONTHLY FEE, WITH TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT. 23 January 10, 2002 RESOLUTION NO. 02-13 A RESOLUTION OF THE MIAMI CITY COMMISSION, AMENDING RESOLUTION NO. 01-434, TO INCREASE THE AMOUNT OF FUNDING ALLOCATED FOR THE CORAL WAY BEAUTIFICATION PROJECT, IN THE AMOUNT OF $25,000, FROM $75,000 TO $100,000, TO COVER THE COSTS OF EXPANDING THE PROJECT AREA TO INCLUDE SOUTHWEST ,IT TO 12TH AVENUES, MIAMI, FLORIDA, AND TO IDENTIFY THE FUNDING SOURCE FOR THE PROJECT; ALLOCATING FUNDS FOR THE INCREASE FROM CAPITAL IMPROVEMENT PROJECT NO. 344102, ENTITLED "DEVELOPMENT PROJECTS CONSULTANTS." 24 January 10, 2002 RESOLUTION NO. 02-1 4 A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 00-867, ADOPTED SEPTEMBER 28, 2000, WHICH ESTABLISHED THE HOUSING AND COMMERCIAL LOAN COMMITTEE ("COMMITTEE"); TO AUTHORIZE THE CITY MANAGER OR DESIGNEE TO APPROVE OR DISAPPROVE SUBORDINATION AGREEMENTS, LOAN RESTRUCTURING PLANS AND/OR LOAN REPAYMENT PLANS FOR SPECIFIC HOUSING LOANS AND GRANTS PROVIDED THROUGH THE CITY'S SINGLE FAMILY REHABILITATION AND HOMEBUYERS FINANCING PROGRAMS AND PROVIDING THAT ATTENDANCE OF FIVE MEMBERS OF THE HOUSING AND COMMERCIAL LOAN COMMITTEE SHALL CONSTITUTE A QUORUM FOR THE PURPOSE OF CONDUCTING A COMMITTEE MEETING. 25 January 10, 2002 • RESOLUTION NO. 02-15 A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 01-869, ADOPTED SEPTEMBER 13, 2001, APPROVING THE ACQUISITION OF REMOVAL SERVICES FOR DERELICT VESSELS WITHIN THE CITY OF MIAMI WATERWAYS FROM DOCK AND MARINE CONSTRUCTION, INC., TO INCLUDE CAPTAIN DAN'S MARINE TOWING AND SALVAGE AS AN ADDITIONAL APPROVED VENDOR UNDER EXISTING MIAMI-DADE COUNTY CONTRACT NO. 2550 -3105 -OTR -CW. RESOLUTION NO. 02-16 A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 00-439, ADOPTED MAY 25, 2000 BID FROM AFTER HOURS CLEANING FOR THE PROVISION OF CUSTODIAL SERVICES FOR THE FIRE TRAINING CENTER AND THE FIRE GARAGE ADMINISTRATIVE FACILITY, TO REFLECT A CHANGE IN THE CONTRACT ADMINISTRATOR FROM THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION TO THE DEPARTMENT OF FIRE -RESCUE, AND TO AMEND THE FUNDING SOURCE. 26 January 10, 2002 C] RESOLUTION NO. 02-17 • A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, RATIFYING, APPROVING AND CONFIRMING THE ACTION OF THE CITY MANAGER IN EXECUTING THE ATTACHED LEASE AGREEMENT (THE "AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH MS. ORIELLI TROIA, TRUSTEE, FOR THE LEASE OF PROPERTY LOCATED AT 779 WEST FLAGLER STREET, MIAMI, FLORIDA, TO BE USED BY THE OFFICE OF HOMELESS PROGRAMS FOR OFFICE SPACE, STORAGE/WAREHOUSE AND OTHER RELATED FUNCTIONS AND AS A POLICE SUBSTATION, FOR A TERM OF TWO (2) YEARS, WITH AN OPTION TO RENEW FOR THREE (3) ADDITIONAL TERMS OF TWO (2)YEARS, AT AN INITIAL AMOUNT OF $4,131.17 PER MONTH, AND SUBJECT TO THE TERMS AND CONDITIONS AS SET FORTH IN SAID AGREEMENT, AND THE STIPULATION THAT HOMELESS INDIVIDUALS SHALL NOT BE PROCESSED AT SAID PROPERTY. 27 January 10, 2002 • • RESOLUTION NO. 02-18 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 THE REQUEST FOR PROPOSAL NO, 00-01- 249, THAT THE MOST QUALIFIED FIRM TO PROVIDE CONSULTING SERVICES FOR CONFLICT RESOLUTION TRAINING FOR THE DEPARTMENT OF POLICE IS FLORIDA MARTIN LUTHER KIN, JR. INSTITUTE FOR NONVIOLENCE; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA MARTIN LUTHER KING, JR., INSTITUTE FOR NONVIOLENCE, FOR A PERIOD OF TWO YEARS, WITH THE OPTION TO RENEW FOR THREE ADDITIONAL ONE-YEAR PERIODS, IN AN AMOUNT NOT TO EXCEED $53,645.20 FOR THE INITIAL TWO-YEAR PERIOD; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690003, SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF THE TREASURY'S "GUIDE TO EQUITABLE SHARING." 28 January 10, 2002 ACED RECC)NDAIQ OF1%IANA- G ER TOP'ROu QQM1V�T'�EE, WHAT ' MOST' QUALII6.II�MSx, 'r0ROVR R(F SIQI�AL TOWN 1'LANNINGTRBN?IQN...SERVIGSPQRTJ�IXC& {ATORY "B" DESJGNATE PRSJECTS FOR''.a0z -' Ou X004 ;1' v ° ' A`��R��XBERK AND C�MPANY, � (2) V��Z 0�,� & P 1' R 59 AUm � AGER ,X @'STT �'RO ,,. ST.p L `4 Tse o oa � AC LQ UrtD R��IVID ?QJEC CCQUNT (Se #) RESOLUTION NO. 02-19 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO APPROVE THE FINDINGS OF THE SELECTION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS, THAT THE MOST QUALIFIED FIRMS TO PROVIDE PROFESSIONAL TOWN PLANNING AND URBAN DESIGN SERVICES FOR PUBLIC WORKS CATEGORY "B" DESIGNATED PROJECTS FOR 2002 THROUGH 2004 ARE, IN RANK ORDER: (1) DUANY PLATER- ZYBERK AND COMPANY, (2) DOVER KHOL & PARTNERS, (3) URBAN DESIGN ASSOCIATES, AND (4) HELLMUTH, OBATA & KASSABA UM, INC. NEW URBAN STUDIO; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE PROFESSIONAL SERVICES AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN AN AMOUNT NOT TO EXCEED $600,000 FOR EACH FIRM; ALLOCATING FUNDS FOR SAID SERVICES FROM INDIVIDUAL PROJECT ACCOUNTS. 29 January 10, 2002 !QRI ISL L�`F.-A" RA Sk Lpp i�ON . ' RML O ,OF F _ ,0_� Q'RROPS 'D T'11Fi1V[NA AQ 5. �I�iURAN AND IT1t.ANE.TSTI�4 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE SETTLEMENT OF ALL CLAIMS PENDING IN UNITED STATES OF AMERICA V. CITY OF MIAMI AND FRATERNAL ORDER OF POLICE LODGE 20, CASE NO. 75 -3069 -CIV- HIGHSMITH, AND AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ROBERT D. KLAUSNER, P.A., TRUST ACCOUNT ON BEHALF OF THE FRATERNAL ORDER OF POLICE THE SUM OF $60,000 IN ATTORNEY'S FEES AND COSTS RELATED TO A PROPOSED SETTLEMENT AGREEMENT; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.653. 1�G Cr E4T_.,O LW TA T QN "QF Q FIDE GI `T-INk DEME,, PL[JS: CQ ST FU ?S F -om . s. 1IVSANIa-jNSURANQ' E TRUST FUND i. „ . - . RESOLUTION NO, 02-21 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ENAGAGEMENT OF THE LAW FIRM OF RONALD J. COHEN, P.A. FOR REPRESENTATION OF OFFICER AGUSTIN CLEMENTE IN THE CASE OF ANGEL ALVAREZ VS. CITY OF MIAMI, ET AL. IN THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO. 00 -2151 -CIV -JORDAN, IN THE AMOUNT OF $25,000 PLUS COSTS AS APPROVED BY THE CITY ATTORNEY, ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 515001.624401.6.652, FOR SAID SERVICES. 30 January 10, 2002 • • C ! Vd 'IT SIN' MN S 5�e AA II 00?TS4 040ownfloWKt��fl��f► a A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ENGAGEMENT OF THE LAW FIRM OF O'CONNOR, CHIMPOULIS, ET. AL. FOR REPRESENTATION OF THE CITY OF MIAMI IN THE CASE OF ANGEL ALVAREZ VS. CITY OF MIAMI ET.AL. IN THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO. 00 -2151 -CIV -JORDAN, IN THE AMOUNT OF $25,000 PLUS COSTS AS APPROVED BY THE CITY ATTORNEY; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 515001.624401.6.652, FOR SAID SERVICES. 31 January 10, 2002 Chairman Regalado: Now we go to the Mayor and Commissioners' items. Mayor Diaz, no items. However, the Mayor says that on the next meeting, he will be here with some projects and ideas. Commissioner Gonz4lez has -- one of the items is time certain at 11 a.m. You want to do the other item, Commissioner? Commissioner Gonzfilez: No, sir. I'd like to do both of them at the same time. Mrs. Rodriguez is also going to be here. Chairman Regalado: OK. Vice Chairman Winton. Mr. Vice Chairman. Vice Chairman Winton: "A" is a quality of life issue here. It's the pooper scooper ordinance, and I think y'all can all read it. We have some public comments here. But I'll have to admit, when my staff brought this to me, I said, you know, there's a lot of things on my agenda right now and pooper scooper wasn't one of those things that was at the top of my priority list. But what I learned -- Chairman Regalado: Tell that to whoever is walking on the park. Vice Chairman Winton: Precisely. And that's how they turned me. I mean, we've actually had a lot of calls and requests and e-mails. Chairman Regalado: And it's very uncomfortable. Vice Chairman Winton: Yes. And in the Omni area with the park now closed down and there's a lot of dogs in that area. With the park closed down, you know, everything's happening on the sidewalks there. And in Brickell and West Brickell, where the density's gotten greater and there's less and less green space for them -- you know, and in -- it's just -- so, it's grown. So, as a consequence, we have this ordinance here. And if y'all would like to make a comment, please do. Haydee Regueira: Good morning, Commissioners. My name is Haydee Regueira, Northeast Coconut Grove NET (Neighborhood Enhancement Team) Administrator, on behalf of NET and the residents of the City. I thank you for putting this item today. And I have with me Ted Stahl, who, at last night's Center Grove Neighborhood Association meeting, there was a motion passed that he would speak to you on behalf of the item. Ted Stahl: Ted Stahl, 2867 Bay Avenue, and I'm also going to speak for my next door neighbors at 2865. I moved back into the Grove after living here for 28 years and bought a small town house over on Day Avenue. And our developer placed sod, about 800 square feet, which both my neighbor and I maintain. We feel it's our responsibility. We water it, we fertilize it, we edge 32 January 10, 2002 it and clean it up every two weeks. And I want to tell you something. Every Saturday, every two weeks, we pick up 20 piles of dog feces or more. Now, that may be hard for you to believe, but if you look out our windows between 7 o'clock in the morning and 5 o'clock in the evening, there are numerous people walking their dogs and the dogs head for this. We don't object to the dogs. They have to go and we're aware of that. But we feel that it's the responsibility of the parent to take care of their four year old -- four legged child's leftovers. And yesterday it was all over our drives. We had to get out of our cars and clean up the mess. We have the only nice swale area on Day Avenue, between Mary Street, and the dogs know it. It's a laughing matter, but it's a serious matter. It's getting out of hand. And with the high rises that are going up and the condominiums and the town homes, we feel that it's the responsibility of the person, which is very easy to put a plastic bag in your pocket when you go for a walk with your child, pick up after him. You'd pick it up if he did it in your kitchen and you'd pick it up if he did it in your terrace. So, pick it up when you drop it on my property. And that's all we're asking for. And we want to have the right to confront our neighbors and say, there is an ordinance. You can't do this. You have to pick up after your dog. And if you keep it up, then I'm going to have to contact the NET Office. That's all we're asking for. But if you go down Brickell, it's even worse and it's just something that is needed. And a few months ago I confronted this lady with her two dogs and asked her to stop it, and she pulled out of her pocket a plastic bag and she said, "I'm from New York, and that's the law. " And I apologized to her. But she is the only one that does it. And it's a very simple matter. We have waste receptacles in our neighborhood, where they can dump it or take it home. But it is getting a serious -- it's getting bad. And we hope that you will take it into consideration. Chairman Regalado: Commissioner Winton, every -- because of my work, I had to do a lot of travel in the past and every major City in the world, from Madrid to Rome, to Zurich, they have that law. There is no problem at all. So, I -- you know, I do support that. My concern is that we need the tools to inform the public. Because how do we inform the public? I think, you know, that maybe the Solid Waste Department will be able to deliver some leaflets in houses. But, you know, the NET Office, they can do that. But how do you cover the whole City? The people that -- the closest people to the residents are the solid waste workers, because they go by every -- and then you have the apartment buildings that they don't service. But we need to tell the people because, you know, you can't just issue a ticket to someone. I didn't know about that because -- I mean, you know, probably this will not get published. Probably will get something in the Neighbors because this is a neighbors -- in The Herald type of information. You know, the pooper scooper thing. Probably in the local papers. But we do need to be more general in informing the people. I think, Johnny, if you want to attach some ideas to how do we publicize this. Mr. Stahl: The homeowners associations have already put the word out that this may go pass. It's going to be published in the Coconut Grover. And it's up to the neighbors to advise those that are doing it, very nicely, that there is an ordinance out and they have to take care of their -- Chairman Regalado: And you know what, Johnny? We should do at least our part in the parks. We should have a sign that says -- you know, with the little bag that says, City of Miami ordinance requires that you pick up. And this -- you know, we clean the parks and people that visit the park will be informed. 33 January 10, 2002 • • Carlos Gimenez (City Manager): Yes, sir, we can do that. We can also make sure -- we can also produce a small video that we can put on NET 9, you know, also -- Chairman Regalado: Yeah. How you're going to do that? How are you going to do that? Mr. Gimenez: Not too graphic, but we can do it. Yeah. Chairman Regalado: Is it going to be graphic or no? Mr. Gimenez: No. Mr. Stahl: There are signs made at Horne Depot that you can buy. But people are stealing mine because they're so cleverly done. They walk away with them. Chairman Regalado: This is a first reading ordinance. Is there a motion? Vice Chairman Winton: So moved. Commissioner Sanchez: Second. Chairman Regalado: Motion and a second. Mr. City Attorney. There is a motion and a second. Call the question, Madam City Clerk. (COMMENTS MADE DURING ROLL CALL:) Commissioner Teele: Who moved it? Chairman Regalado: Winton, and seconded by Sanchez. Sylvia Scheider (Assistant City Clerk): Vice Chairman Winton moved it. Commissioner Teele: Second. Yes. 34 January 10, 2002 An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 6/article II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "DOGS," TO REQUIRE THE OWNER OR RESPONSIBLE PARTY TO IMMEDIATELY REMOVE AND PROPERLY DISPOSE OF FECAL MATTER WHEN THEIR DOG(S) DEFECATE ON PUBLIC AND PRIVATE PROPERTY, INCLUDING BUT NOT LIMITED TO PARKS, SIDEWALKS, SWALES, AND STREETS; PROVIDING FOR A CIVIL PENALTY FOR VIOLATION(S) AND ENFORCEMENT THEREOF: MORE PARTICULARLY BY CREATING SECTION 6-45 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Vice Chairman Winton, seconded by Commissioner Sanchez, and was passed on first reading, by title only, by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. The ordinance was read by title into the public record by the City Attorney. (COMMENTS MADE AFTER ROLL CALL:) Commissioner Teele: This does not have criminal sanction, is that correct? Mr. Stahl: That's correct. Commissioner Sanchez: Civil. Commissioner Teele: It's civil. Vice Chairman Winton: Just fines. Mr. Stahl: Just fines. Fifty -dollar ($50) fine, sir. Vice Chairman Winton: Warning, fifty dollar ($50) fine -- what's the fifth penalty? I think it's - 35 January 10, 2002 Commissioner Teele: Somebody correct me -- Commissioner Sanchez: Johnny -- Commissioner Teele: I mean, I just want to make sure -- Vice Chairman Winton: What is -- Commissioner Teele: It does have criminal? Vice Chairman Winton: How could it have criminal. No. (INAUDIBLE COMMENTS) Commissioner Teele: My question -- Mr. Vilarello: It is a civil penalty only associated with this. Commissioner Teele: Well, let me just ask you this. Because -- this is first reading, right? Mr. Attorney, would you make sure that while I want to make sure that it's civil, that the enforcement mechanism is -- that it's clear that it can be enforced by the Police Department? OK? So, we may need to make sure that there's language in there. Normally, civil things are civilly enforced. But I would like to make sure that there can be instructions or -- "enforcement" may be an overstated use of the term, but enforcement by the Police Department or by police appropriate -- could you just look at that, and make sure we know what we're doing? Mr. Vilarello: I certainly will. It is provided for in the ordinance as a civil infraction. And like any code provision, it's enforceable by a law enforcement officer, as well as a code enforcement officer. Commissioner Teele: I just would hate to read that we just voted to lock people up for 30 days for the -- Vice Chairman Winton: That would be very bad. Commissioner Teele: -- poodle. Commissioner Sanchez: Well, Johnny -- Chairman Regalado: Commissioner Winton. Commissioner Sanchez: -- you've given the word "doggy" a new meaning here in Miami, pal. Vice Chairman Winton: I'm always involved in doggy things. Commissioner Sanchez: Should make you the doggy czar. 36 January 10, 2002 Vice Chairman Winton: Next item is "B," and this to set up a joint participation agreement between the City of Miami and the Florida Department of Transportation to do a joint development environmental study for the Dupont Plaza area within downtown Miami. And it relates to the people mover alignment and traffic alignment in that area down there. And, so, "B" is simply to set up the partnership agreement. And I so move. Commissioner Sanchez: Second. Chairman Regalado: There is a motion and a second, Commissioner Sanchez: It's a resolution. Chairman Regalado: It's a resolution. Public hearing. Anybody on that item? No one has come forth. All in favor say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following resolution was introduced by Vice Chairman Winton, who moved its adoption: RESOLUTION NO. 02-23 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 THE FLORIDA DEPARTMENT OF TRANSPORTATION TO CONDUCT A PROJECT DEVELOPMENT AND ENVIRONMENTAL STUDY TO REALIGN A ONE -BLOCK PORTION OF THE METRO MOVER ENTITLED "DUPONT PLAZA PROJECT -METRO MOVER REALIGNMENT IN DOWNTOWN MIAMI". 38 January 10, 2002 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 39 January 10, 2002 Vice Chairman Winton: "C" is an ordinance that allows the City to accept a grant in the amount of four hundred and eighty thousand dollars ($480,000) from the Florida Department Of Transportation for this program. So moved. Commissioner Sanchez: Second. Chairman Regalado: There's a motion and a second. Public hearing. Anybody from the public -- any members of the Commission -- Commissioner Teele. Commissioner Teele: What was that again? I -- Commissioner Sanchez: It's a grant. Vice Chairman Winton: This is on the Dupont. Chairman Regalado: It's a first reading ordinance. Commissioner Teele: On the Dupont grant? Vice Chairman Winton: Dupont Plaza area. The people mover potential realignment and the two-way traffic and all that. Chairman Regalado: Mr. City Attorney, read the ordinance, please. Call the roll. 40 January 10, 2002 An Ordinance entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED "DUPONT PLAZA PROJECT- METROMOVER REALIGNMENT IN DOWNTOWN MIAMI (FY 2001-02)" AND APPROPRIATING FUNDS IN THE AMOUNT OF $480,000, CONSISTING OF A GRANT FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE OPERATION OF THE TRANSPORTATION OUTREACH PROGRAM; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; AND AUTHORIZING THE EXPENDITURES OF THE GRANT FOR THE OPERATION OF THE PROGRAM; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Vice Chairman Winton, seconded by Commissioner Sanchez, and was passed on first reading, by title only, by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. The ordinance was read by title into the public record by the City Attorney. 41 January 10, 2002 u a AR ?RO F ACik? Off' NNS 0, II -T- -T � W � ' gt A�TA1II,P'TI FES I�Z Vice Chairman Winton: Next item is "D", and this is simply a banner request for the Miami Film Festival. So moved. Commissioner Sanchez; Second. Chairman Regalado: There's a motion and a second. All in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Vice Chairman Winton, who moved its adoption: MOTION NO. 02.24 MOTION APPROVING THE PLACEMENT OF BANNERS ON LIGHT POLES LOCATED WITHIN CITY THOROUGHFARES TO PROMOTE FLORIDA INTERNATIONAL UNIVERSITY'S 19TH ANNUAL MIAMI FILM FESTIVAL FROM JANUARY 24TH THROUGH FEBRUARY 3, 2002. 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. 42 January 10, 2002 Vice Chairman Winton: And the next is -- the last one is also a banner request for the Miami International Orchid Show to be held at Coconut Grove Convention Center. So moved. Commissioner Sanchez: Second. Chairman Regalado: Motion and a second. All in favor say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following motion was introduced by Vice Chairman Winton, who moved its adoption: MOTION NO. 02-25 A MOTION APPROVING THE PLACEMENT OF BANNERS ON LIGHT POLES LOCATED WITHIN CITY THOROUGHFARES TO PROMOTE THE SOUTH FLORIDA ORCHID SOCIETY'S 57TH MIAMI INTERNATIONAL ORCHID SHOW FROM MARCH Is" THROUGH MARCH 3, 2002 AT THE COCONUT GROVE CONVENTION CENTER. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 43 January 10, 2002 Chairman Regalado: Commissioner Sanchez. Commissioner Sanchez: Thank you, Mr. Chairman. One of the items -- I have three items. One of the items is a discussion concerning the issue of transforming Southwest 13th Avenue, which is known as Cuban Memorial Drive, into a promenade. This area pertains to a stretch of road that connects Coral Way to 8th Street. As it is right now, it could be a connecting point for people. This has been brought to my attention by several residents that have complained for some time now. And I have -- I brought some pictures to show that I would like to show to you. If you look at Coral Way all the way down 8th Street -- Chairman Regalado: Joe, Joe, Joe, use this. Commissioner Sanchez: Well, this area of Little Havana connects itself from 8th Street to Coral Way. Along the way, there is a beautiful promenade. And if we complain of one thing, it's the lack of green space in our City. This -- we have a golden opportunity -- and we have been working with the NET (Neighborhood Enhancement Team) Office and now we're prepared to send it out to the administration, where it clearly shows that this area, if connected, people have the ability to walk and connect themself from Coral Way, which is a business corridor, to Calle Ocho, which is also a business corridor, The area itself, it shows you the history of Miami and its past, where things are done half -- you know the other word. It's shows that it's got curb side for about three or four blocks, and then from there on, it has no other curb side. Coral Way Elementary, after years of pleading, put barricades around so people wouldn't park in that. It gives us a perfect opportunity, and it's very reasonable and cheap to the City. And at the end, I would like to make a recommendation to have the City Manager work with Public Works to start a feasibility project to look at this to see how much it would cost. The area, all it would lack -- all that it needs really, to be honest with you, is just curb all the way around, and then to have a walkway through with maybe just one little bench where people that live in that area could come out and walk their dogs and, thanks to Johnny, now they could pick up the poop with a bag and they won't offend anybody. But the area itself is dying for that. It really lifts up the area. And not only that, it would basically connect an area -- two areas that have commercial businesses together. The area itself has a lot of memorials. They're looking at some more memorials in the area. We have full support of the neighbors. They will be here at the next meeting, when we present and ask -- when we get the response back from the City Administrator. But basically what we want to do now is just -- my motion would be to direct the City Manager to conduct a feasibility study to see how much it would cost for us to just add the curb side and the walkway through the promenade, and of course put a little bench with maybe one light or two lights so people could walk out and read the paper or sit down and just enjoy our beautiful weather in Miami. And, basically, I would like to turn this -- which would be Exhibit A, as we start -- I'm only kidding -- to the City Manager and have him come back with a report to see how much it would cost. And maybe we could have Public Works, Mr. Jackson, look at the area from the 44 January 10, 2002 beginning of the Cuban Memorial, Bay Of Pigs Memorial, which is on 8th Street, to Coral Way, and you -- just a curb and maybe you could come back with some recommendations. But we want to basically be able to walk from Coral Way -- from 8th Street to Coral Way to connect both business corridors. So, that's the motion I would present. Johnny, you know more on this -- Vice Chairman Winton: Second. And, Commissioner Sanchez, I would like to expand that a bit, and it's your decision certainly. But we just approved in CA -22, gave the administration an authorization on (UNINTELLIGIBLE) urban design professionals. That avenue is one of the most beautiful avenues in the entire City. I mean, it's a magnificent -- Commissioner Sanchez: But it looks horrible, Johnny. It looks -- it's unacceptable. Vice Chairman Winton: I agree a hundred percent. And, so, what we really ought to do is ask -- direct the Manager to have the Planning Department hire one of these firms to work with the neighborhood to figure out what we really do with that avenue to make it -- to make it just the kind of gem in our City that it easily could be and not just limit ourselves to, you know, let's put the curbs in and a few sidewalks in, couple little -- let's do it the right way and get neighborhood input and get this plan -- get one of these urban planners to help us figure that out and then get it in the budget. Commissioner Sanchez: Well, I will be scheduling a charrette meeting with the neighbors and the -- they don't have a homeowners association. I've been talking to them. They're going to start a homeowners' association, and that's the purpose -- the we've been focusing on -- if there's one thing that I'm proud of and I know we're all proud of. We have focused on quality of life issues. You know, New York, Philadelphia, every major city in our great nation focuses on quality of life issues. People want to walk through their streets, find their streets clean, they want to find their neighborhoods safe, where they could walk out and sit under a tree and read a book or do whatever you do that's legal in our community, and this area, which I have been studying and working with neighbors, really lacks that. And I really don't think it's a big burden on the City. I don't think it's too much money to do that. If you look at the area of the Roads, when they did the curbs along the old medians, which were the original curbs -- since Mary Brickell was out there, I guess -- they're horrible. They caused damages to car. They were an eye sore. And once it was done, it was a completely different view of the neighborhood. And now you're seeing a neighborhood that's -- thanks to urban infill, Miami's moving forward. So, this is something that I don't think it's going to take much. Of course, you know, when it comes to these things, Johnny, I have to yield to you and Commissioner Teele, who have more experience on this issue. But it's just something that, of course, I didn't want to jump from one project to another. And now we're just finishing the Hardemon Park, which, although we have received several complaints from some things, we have worked with them and the area is beautiful. I think it should take that area to another level. So, that is something that I will take -- maybe you could, Mr. City Manager, take that into consideration of this motion, to have you come back with -- when you consult whoever you have to consult to look and give us a report back. I will sit down with the neighbors and we will work on a charrette. And basically, what we want to do is a promenade where people could walk through, from one point to the other, and along the way they could have little nice benches to sit down and enjoy the view or read a book or do what they want to do. 45 January 10, 2002 Vice Chairman Winton: Well, I think my amendment to your resolution was to direct the City Manager to, in fact, hire one of these -- Commissioner Sanchez: One of those Vice Chairman Winton: -- urban planners -- Commissioner Sanchez: OK. Vice Chairman Winton: -- to be used directly with you and the neighbors in developing a real plan for really beautifying that small (UNINTELLIGIBLE). Commissioner Sanchez: As the maker of the motion, I accept the amendment. Chairman Regalado: OK. There is a motion. Commissioner Tecle: On the motion and the amendment, though. And I hope Ana is here. I think what Commissioner Sanchez is doing is essentially what we all are looking in our individual districts trying to figure out how to do. I mean, Commissioner Winton's more involved in it than all of us combined, probably at this point. But certainly, you know, in Allapattah, there's the same potential. You hear us talking about the 9th Street Mall. And creating the Mall as a pedestrian -- what we need, I think, using Commissioner Sanchez' project, is we need an overall approach to creating some beautiful -- how do you say it in French? Commissioner Sanchez: Yeah. Promenade -- Commissioner Tecle: What's the word? How do you say, the Champs Elysees -- huh? Ana Gelabert (Director, Planning and Zoning): Champs Elysees. Commissioner Teele: Champs Elysees. We need some Champs Elysees in -- many Champs Elysees all over Miami. Miami has such a unique culture. I mean, we have this potential in Overtown. We have this potential in Little Haiti. We have this potential in Wynwood and in Allapattah, especially, and, obviously, in the Grove -- and we just don't have any beautiful spaces. I mean, we've got the most beautiful bays and most beautiful waterfront views, but we don't have that space, and that space doesn't necessarily have to be on the water. That's the beauty of what Commissioner Sanchez is doing. And, so, I just wish, in hiring some consultants, we could take a -- you know, we started, I think, with this so called -- what -- these entrances. What do you call those entrances? These -- Ms. Gelabert: The Gateways? Commissioner Teele: Gateways. But it's really sort of an extension, if you will, of the gateways to create this beautiful space throughout our community. And I fully support what 46 January 10, 2002 Commissioner Sanchez is doing, but I also think that we all ought to get some type of look/see as it relates to that. And I really would appreciate your input on that. Ms, Gelabert: I would say that exactly what you've asked on the CA -22 is those four firms are going to help us in doing just what you've expressed, helping us, the department. We, in the Planning Department, together with the Manager, is looking at the City in a comprehensive manner, as far as design, as far as what is it that we do with our retail and commercial corridors and what do we do with our neighborhoods. And these consultants would assist us in just that, in creating that vision, in a comprehensive citywide manner. Chairman Regalado: Thank you. There is a motion and a second. All in favor -- as amended, all in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Sanchez, who moved its adoption: MOTION NO, 02-26 A MOTION DIRECTING THE CITY MANAGER TO CONDUCT A FEASIBILITY STUDY REGARDING THE PROPOSED TRANSFORMATION OF S.W. 13TH AVENUE (CUBAN MEMORIAL DRIVE) INTO A PROMENADE CONNECTING CORAL WAY AND S.W. 8TH STREET AND REPORT ON COST TO ADD CURBS, WALKWAYS AND BENCHES THROUGH PROMENADE; FURTHER DIRECTING THE MANAGER TO INSTRUCT THE PLANNING DEPARTMENT TO HIRE AN URBAN PLANNING FIRM TO DEVELOP A PLAN TO COMPLETELY REVAMP AREA FOCUSING ON QUALITY OF LIFE, SECURITY, CLEANUP, ETC.; FURTHER DIRECTING THE MANAGER TO COME BACK WITH A REPORT AND RECOMMENDATION. Upon being seconded by Vice Chairman Winton, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None, ABSENT: None. 47 January t d, 2002 Commissioner Sanchez: The second item is a discussion concerning the issue of the Dominos Park Plaza, Is Mr. Casasnova here? Can you just give us an update on the issue? And let me tell you why I brought this out. And I -- I, as the Commissioner of the area, and don't want to be put in a situation where I don't want to see any of my colleagues in, is that we go out and we present something to the community and we have meetings with the community. We tell them that we're going to do it and we give them a date and then that date comes around and we don't do it. I think that puts me, as the Commissioner of the area, in an awkward position that I don't want to be in. And in the whole process, we just wanted to make sure that if the City was committed -- and we went out and we went to several TV (television) shows. We went out and we had public meetings with them and we said, we have the funding. Then through a meeting that I had, there was some concern that the fundings weren't there, and later on we found out that now we do have the funding and it's going to be. But I want to hear it -- I shouldn't say from the horse's mouth, but I do want to put it on the record. So, when we do tell the community that we're going to do something and if we're going to say that we're going to start working on February of the year 2002, my gosh, we start working on that date, you know. I think that one of the biggest things that we did right now, accomplished the two hundred and fifty million dollar ($250,000,000) bond issue is because I think that people are starting to show trust back into government, and once we start doing these things and we put projects out and we give them time certain, cost certain, and project certain, and we don't meet those things, then the public tend to lose faith in government. So, that's why I -- Mr. Casanova, you met with me this morning and I want you to put on the record that the funds are available, when the project's going to start and when, hopefully, the project will be completed and who's the firm that's doing the project. Thank you. Jose Casanova: I am Jose Casanova from the City of Miami Planning and Zoning Department. We're talking about the Domino Park expansion and improvement. We have Safe Neighborhood Bond fund and citywide street improvement funds for the amount of four hundred and fifly-eight thousand dollars ($458,000). The project is under design by the firm of Perez and Associates. It is in the construction drawing stage. We're planning to complete the drawings by the end of February, early March, and we're expecting the construction to be completed by the fall of this year. Commissioner Sanchez: All right. Thank you. My item "C" I'd like to defer at this time. Chairman Regalado: OK, sir. 48 January 10, 2002 �PPQ T ANITA MCGRUDE P (NST C OI Q ^ 1V1BE Q IAN GQ ISSIQN,ON STATUS'O�WOM N Chairman Regalado: Before we go to District 4, there is a need. Item 23 is the appointment for the Commission for the Status of Women. And they have requested that -- I think Johnny and Angel needs to make appointment. The problem is that if -- they got to meet at noon to elect the new chairperson of that board, and we need to make an appointment before noon, today. Do you have -- Angel, Johnny, do you have any appointments? Vice Chairman Winton: Yeah. Anita McGruder. Chairman Regalado: OK. That's one. You've got two, right? Vice Chairman Winton: That's the only one it says I have. Chairman Regalado: Just one. OK. Commissioner Gonzalez has two. Commissioner Gonzalez: Yes. Commissioner Tecle: How many do I have? Chairman Regalado: No, you don't. Commissioner Gonzalez: OK. I'm reappointing the two persons that are serving the board now, Pauline Ramos, and I don't have the name of the other lady. Chairman Regalado: You want reappointment, Commissioner Gonzalez: I just want to reappoint the two members that are there now. Chairman Regalado: OK. Do we have a motion? Commissioner Teele: So moved, Mr. Chairman. Commissioner Sanchez: Second. Chairman Regalado: OK. There's a motion and a second. All in favor say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. 49 January 10, 2002 0 • The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 02-27 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Chairman Regalado: OK. They can now continue with their board. 50 January 10, 2002 Chairman Regalado: I have two items and I will try to be brief. In the elections of '99, the voters of Miami approved the term limit -- I'm sorry, the past election, the term limit for elected officials. In the past, for retirement purposes, you need to be, as an elected official, 10 years in the office. Commissioner Tecle: Commissioner, may 1? You said in'99? Chairman Regalado: No. I think -- I think we did -- yeah. Vice Chairman Winton: Term limit was in'99. Chairman Regalado: Term limit was in'99. Vice Chairman Winton: In that election, we also voted on term limits. Chairman Regalado: Right. Commissioner Sanchez: Yeah. Chairman Regalado: Term limit was in'99. And the strong mayor form of government passes. Now, however -- Commissioner Teele: Yeah. But we got screwed. Chairman Regalado: Yeah. Alejandro Vilarello (City Attorney): No. The effective date of that -- Commissioner Teele; I mean, which we did a term limits to us and restricted the powers of the Mayor -- restructured the powers of the Mayor. Mr. Vilarello: The effective date -- it was adopted in 1999, but the effective date was November 2001. Commissioner Teele: But what I'm saying is that the Commission mandated itself as a way of balancing the restructuring of the Mayor's office. So that wasn't set aside, huh? Chairman Regalado: And the Mayor is term limit, too. 51 January 10, 2002 Commissioner Teele: When the Supreme Court or Court of Appeals set aside the '99 Charter amendment, it only set aside the portions relating to the Mayor? Mr. Vilarello: That's correct, to the strong mayor form of government. However, term limits was a separate question that applied both to the Mayor's office and the Commission offices. Chairman Regalado: So, what it means is that, in the future, no one that is elected in the City of Miami, Mayor or Commissioner, would have been able to retire because it's a 10 -year limit. So, this ordinance that I requested from the City Attorney, it reduces to seven year. The reason that it's seven years because you may have, in the future, the scenario of a member of the Commission or a Mayor resigning to run and you will not be able to complete your full term. So, that is the purpose of this. It doesn't change the amount of money. Doesn't change anything. It just changes the number from 10 to seven years. And it's only in place, beginning with this fiscal year, on last October. No retroactive -- nothing. Just beginning on last October. Commissioner Sanchez: Mr. Chairman, may I? Commissioner Teele: Could we get a motion and a second? I mean, you know, I'd be happy to move it. Commissioner Sanchez: Second. Discussion. Mr. Vilarello: Is that the motion on the modified one that's been put before you? Chairman Regalado: The motion on this ordinance that is modified from 10 to seven. Commissioner Sanchez: Second. And purpose of discussion. Chairman Regalado: Yes, sir. Commissioner Sanchez: It's first reading. It's going to require a second reading. I believe it's a financial issue, which would require an actuarial study to be presented to us in order for it to pass. But where the confusion comes here is the October the 1 st, into the future, will take -- has to take effect for it, because if it doesn't, then you're going to have possibly elected officials that were 10, 15, 20 years ago that may not qualify for it, they may want it. So, it's got to be specifically on the language -- Chairman Regalado: No. It's October 1st -- Commissioner Sanchez: October the 1st into the future. Chairman Regalado: -- into the future. Oh, yeah. It's not retroactive, at all. Commissioner Sanchez: OK. Chairman Regalado: It's only when the Charter says that the term limit starts. 52 January 10, 2002 Commissioner Teele: Well, let's be candid. I mean -- because I don't think -- it's retroactive to the extent that we're passing it today and anything that is -- that doesn't go forward as of today is not retroactive. It's retroactive, effective the fiscal year of -- October 1, the fiscal year of this year. So, it's not retroactive in terms of a fiscal impact in the budget, but it is retroactive in the date. Chairman Regalado: Fine. And that's -- so by the second reading, we will have -- I don't know why we -- Commissioner Sanchez: But it does require an actuary study, right? Mr. Vilarello: Yes. Commissioner Sanchez: OK. Chairman Regalado: It does. And by -- Commissioner Sanchez: Call the question. Chairman Regalado: Commissioner Winton. Vice Chairman Winton: Well, y'ail are going to have to help me here. I think that the public knows well my stance on paying elected officials a real salary, which I think is a shame that that got turned down, but I'm going to bring that issue back this year. I want to get it on the ballot again this November. If it fails, I'm going to get it on the ballot next November. If it fails, I'm going to get it on the ballot the next November. Because I think it's ridiculous that the amount of time that elected officials have to spend on this job and then get paid five thousand dollars ($5,000) a year. Now, that's -- Commissioner Gonzalez: Hundred and seventy-six dollars ($176) every paycheck. Vice Chairman Winton: Yeah, a hundred and seventy-six dollars ($176) every paycheck. Commissioner Gonzalez: Every paycheck. Vice Chairman Winton: So -- but I guess I'm finding myself maybe in a contradiction that y'all can help me through, because I've also always felt from the outside and I still feel that way from the inside, that particularly with term limits -- and we have an eight-year term limit -- I'm not sure -- in my mind, I don't think that we ought to be eligible for pension benefits. You know, that's a long-term burden on the general public. We ought to get paid while we're here, but I'm not sure we ought to be paid after we leave and we're certainly -- when we're only here for eight years. So, I -- 53 January 10, 2002 Chairman Regalado: But, Johnny, it's the law. It's been on the books and people are being paid now. The former Mayor is getting a pension because he was more than 10 years. Every other Commissioner that was more than 10 years -- Vice Chairman Winton: I know that that's been the history, but I'm just saying that I think the history's always been wrong. Chairman Regalado: I understand. But what I'm doing is just +modifying what we have, because of the term limit. Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: I'm very uncomfortable with the way this discussion is going in this regard. Number one, this should not be coming from the Commission at this time. This should be an instruction to the Manager to look at this and to make a professional recommendation to us. This should not be us telling the Manager what we want to do, but to look at this in the context of that. The Manager and the Attorney. I think what you're proposing is one hundred percent right, but it needs to have the actuarial study. And then we're getting into the discussion about salary and all of that. And I'll just put it on the table. You know, we spend a lot of time having a semi -circle and then shooting each other in the foot just, you know, with our own dialogue and discussion. Everybody knows that the expenses, for example, isn't enough. But, you know, we dilly-dally around with it. We ought to send this back to the Manager, tell him to come back in a month or the -- at the next time, with the actuarial, with a comprehensive review based upon the change in the Charter. Commissioner Sanchez: On all expenses. Commissioner Teele: On medical expenses, eligibility, as well as expenses. And look at the County. Look at Hialeah. I mean, we're not the only governmental body. You know, you've got a lot of parallels in government. The County Commission just changed their expense ratio about three years ago. We didn't do it because we were in the Oversight Board clutches. But this is just a part of a much larger picture, quite candidly, that the Manager and Mr. Nachlinger and the Attorney ought to sit around the table and talk about what we're doing, and it also -- some of this should apply to senior executives. The executives -- the department heads in this City and the so-called -- what do you call those packages? We call them fringe benefit packages, but the compensation -- executive compensation packages need to be restructured, because when the County did this two years ago, Tomas, we were under the Oversight Board. We said once we come out, we'd do that. And I think it would give us a lot less room for discussion or criticism that we're basically voting or pulling up something at our request -- Commissioner Sanchez: Being viewed as self-serving. Commissioner Teele: -- being viewed as self-serving. At the end of the day, we've got to vote on it. But I think it ought to be a part of a professional study and I think that study should come 54 January 10, 2002 from the Manager forthwith. I think it should include retirement, as it relates to elected officials and executives in the City. It should include the executive benefits packages -- Commissioner Sanchez: A review of all the expenditures. Commissioner Teele: Of all of the expenditures. Chairman Regalado: But, Commissioner, remember something. This -- and you're right. And this could be done. But this is a contradiction to what the voters did. The voters term limit the elected officials. So, what we're doing now, nothing else. No more than adopting what we have to what the voters did. Now, the rest is the rest. But what we're doing here is just -- no one -- because it doesn't make sense. How can you be 10 years if you cannot be 10 years? Commissioner Sanchez: Then you couldn't retire. You couldn't -- Chairman Regalado: Then we've got what Johnny want. No retirement for anybody if we leave in 10 years, because you can't be (UNINTELLIGIBLE). Commissioner Sanchez: Mr. Chairman, I could not agree a hundred percent -- I agree with Commissioner Teele a hundred percent on what he's saying. I don't want people to perceive this as being self-serving. If it comes from the administration towards the Commission, when they look at the County and they look at other cities, exactly what they're getting on the expense account, which -- it's my understanding the County gets -- Commissioners get 2,000 -- let me tell you. If people want honest government, OK -- and this is a perfect example. I get attorneys and lobbyists that want to take you out to lunch. Well, hey, listen, I pick up my own tab, OK, on the issue. Now, at the end of the month, what I spend on dry cleaning, what I spend on meals, what I spend on parking, on miscellaneous -- it really -- I think we get eight hundred dollars ($800). You know, I have, in the past, maybe once or twice, done the figures and I'm over the eight hundred dollars ($800). So -- but I'm not complaining about it. You know, I accepted this responsibility based on what we were going to get. But it opens up that we could compare ourselves to other cities and see what they're doing, and that's all basically what he's saying here, Johnny, is have the administrator go out and come back with some recommendations that we could accept. Because the last thing we want this to be is, you know, hey, it didn't pass. Their raise didn't pass and now they want a raise. Vice Chairman Winton: Right. Commissioner Sanchez: And they're doing it their way. (INAUDIBLE COMMENTS) Commissioner Sanchez: Right. So I don't want to do it that way. If it comes from the administration, give us some ready -- and he'll do it. He'll go out and say, hey, listen, I don't think it's enough. The County's making 2,000. So we'll present a thousand, two hundred dollars ($1,200) or whatever it may be, the recommendation. At least it comes from the -- it comes this way and not going this way over there. 55 January 10, 2002 Chairman Regalado: OK. Vice Chairman Winton: Mr. Chairman. Chairman Regalado: And I'll tell you what. Maybe you all would feel more comfortable if we withdraw this and have the Manager come back with all the details and adapt an ordinance to the Charter and to the -- what the voters said. Commissioner Teele: Mr. Chairman, I would withdraw the motion, if that's -- I think clearly where we all would like to go, if the seconder withdraws. Commissioner Sanchez: Second. Commissioner Teele: And then offer a motion on your behalf to instruct the Manager and the Attorney to review the Charter changes as it relates to the retirement eligibility for elected officials and to come back with a restructured ordinance consistent with the restrictions that have been placed on the voters, first. Secondly, to review the executive benefits of all executives, elected and non -elected, in the City, looking specifically at other governmental bodies, including but not limited to Dade County; and to look at all other benefits, including insurance. I remember when J.L. was here, that was a big issue. Commissioner Sanchez: Car allowance. Commissioner Teele: All of -- that's with the executive benefits. But insurance, burial benefits and those things. Quite candidly, when we've had deaths, that the City was really in an embarrassing position. I also think, as a part of that, you ought to look at the eligibility of people who -- a person who died that couldn't get a burial plot in the City's cemetery. So, I mean, I think we need to look at all of those things and to establish a comprehensive framework and to bring it back as a comprehensive package or in a series of comprehensive packages as it relates to those subject matters. I would so move. Commissioner Sanchez: Second. Chairman Regalado: OK. There is a motion. Yes, sir. Vice Chairman Winton: Comment. Just so -- I guess a word of caution here, just in terms of how we're all thinking about this. If we think for a minute that because we have the administration that works for us, bring a recommendation forward, and it's a recommendation that comes from the administration that works for us, and some way or other that takes away that well, we're not doing it. They're doing it is -- it ain't going to fly. The public's going to see right through it. This is going to have to be a decision we make about us. There isn't anybody else to make that decision. It will be our decision and it will be about us. And, frankly, I'm not at all afraid to make that decision, make it publicly, because that's what it really is. 56 January 10, 2002 Commissioner Teele: Johnny, and I'm in full agreement with you. And only we can vote on it. But the fact -- I'm very uncomfortable without an actuarial -- Vice Chairman Winton: I agree with that a hundred percent. Commissioner Teele: I think the thing needs to be studied and there needs to be a basis -- why seven years? Why not six years? Vice Chairman Winton: Agreed. No. I agree with that piece of it a hundred percent. That's exactly the way it needs to be done. Commissioner Teele: You know, I'm not sure that seven is the right number. I think -- you know, I think really six is the right number because, basically, what you're saying is, if you get term limits and -- as the voters have imposed, then there can be no retirement, which previously the ordinance provided for. So, now you have the ordinance out of sync with the Charter and all you're doing is rationalizing it. Vice Chairman Winton: But I will tell you, there are some issues that are in employee contracts. They're in the contract and I would vote a hundred percent of the time to take them out of the contract. Just because it was there doesn't mean it ought to still be there. And it's the same with this pension thing. Just because it was there doesn't mean it was ever really necessarily the right thing to do. And, so, I'm going to struggle with this whole issue over pension for elected officials that are going to be here for a maximum of -- unless you run for Mayor -- a maximum of eight years. Chairman Regalado: Even if you run for Mayor, it covers the mayors, too. The term limits cover the Mayor. Vice Chairman Winton: Yeah. Commissioner Teele: But, Johnny, I think -- you know, with all due respect to you, ever since President Roosevelt, the notion that you -- the fact -- and we all come in contact with our mortality from time to time, but the fact that we're sitting here, God's not tolling the years that you're here. I mean, in other words, the mere fact that you're an elected official, you don't get any brownie points on longevity with God in terms of that's not here and, you know -- you know, and this has nothing to do with quote, "salary." This has to do with the longevity of one's life and how you spend it on this earth. And you're not going to be an elected official if God -- hopefully, when you're 80 years old, but why should the public, quite candidly, or your family not have some of the support from the active years that you were here? And I wouldn't care whether you're a laborer or corporate executive or a government worker or, quite frankly -- you know, even people who are out there doing illicit things get social security because the time tolls, and it's a social burden. And so the only thing that I'm saying is, retirement is something that's based upon your active years and you're entitled to some level of compensation. What we're talking about really is not even a retirement, but medical benefits, I would assume, is what you're talking about. It's some form of medical benefits in retirement. 57 January 10, 2002 Mr. Vilarello: This doesn't include, however -- generally, what that retirement benefit does is allows for that to be used to pay for the medical benefits as they go on. Commissioner Teele: Exactly. So, I mean, it's about productive years, whether you're in government or not. And I don't think -- because I'm working as a chief of staff for you or being the elected official, that you should be discriminated against. Because your chief of staff or your secretary is entitled to a certain credit for the number of years they stay here in government, whether it be City Hall, federal government or County, elected or non -elected, you know. So, I mean, I think this is about the rights of workers and not putting a social burden on families and society when you're no longer in your productive years. Chairman Regalado: OK. Vice Chairman Winton: I'm listening. Chairman Regalado: All right. That's -- we expect the Manager to bring -- so there is a motion to direct the Manager to come with a more detailed program and a second. All in favor say "aye it The Commission (Collectively): Aye. Chairman Regalado: It passes. 58 January 10, 2002 The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 02-28 A MOTION INSTRUCTING THE CITY MANAGER AND CITY ATTORNEY TO REVIEW CURRENT PROVISIONS OF THE CITY CHARTER AS IT RELATES TO RETIREMENT ELIGIBILITY FOR ELECTED OFFICIALS, CONFLICTS WITH TERM LIMITS, AND TO INCLUDE AN ACTUARIAL STUDY IN SAID REVIEW; FURTHER DIRECTING THE MANAGER TO REVIEW BENEFITS OF ALL EXECUTIVES, ELECTED AND NON- ELECTED, TAKING INTO CONSIDERATION COMPARABLE GOVERNMENTAL BODIES, INCLUDING BUT NOT LIMITED TO MIAMI- DADE COUNTY, INCLUDING INSURANCE AND RIGHT TO BE BURIED IN THE CITY CEMETERY; FURTHER DIRECTING THE ADMINISTRATION TO COME BACK TO THE COMMISSION WITH AMENDATORY LEGISLATION, IF NEEDED, AND COMPREHENSIVE PACKAGE OR SERIES OF COMPREHENSIVE PACKAGES FOR RETIREMENT AND OTHER BENEFITS FOR ELECTED OFFICIALS AND TOP EXECUTIVES. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 59 January 10, 2002 Chairman Regalado: The other item that I have is -- I don't know if you remember the Keep the Sun Shining campaign. Amer September 11th, J. Walter Townsend, probably the biggest ad agency in the world, came to us and offered to do a pro bono campaign to bring back tourism and bring back the sense of security, the sense of optimism that we needed after this trauma. Yesterday the representative of this agency came to my office, and we were lucky that the Manager was there. So they worked on some ideas for a campaign for the City of Miami. This campaign for the City of Miami will be done pro bono by J. Walter Townsend. One of the billboards -- hello, billboards -- companies has offered thirty billboards free to promote the City of Miami. Vice Chairman Winton: Are those on the illegal billboards? Chairman Regalado: Those -- I think -- I'm sure that that would be the illegal. So, they say, we dare you to take your sign down. But, not only that. We have an immense possibility of following up with this campaign. And what this campaign is going to do, now that we're past September 11 th, is to emphasize Magic City -- welcome to the Magic City. The Sun Shine in Miami, instead of Keep the Sun Shining, which is, you know, we wanted to be more upbeat. We want to do a very upbeat campaign. This -- if we were to pay this campaign, as planned, it would cost the City probably half a million dollars ($500,000) or something like that. So, we only have the cost of production of the billboards and probably -- I don't know if we decide yesterday, Mr. Manager, on the bumper stickers; although the bumper stickers are 10 cents ($0.10) a piece. Carlos Gimenez (City Manager): We'd like to get bumper stickers at least on City vehicles. Chairman Regalado: OK. Mr. Gimenez: I think that's a good idea. Chairman Regalado: So, I think -- I promise you that this campaign will be one to remember in the City of Miami. The cost for the City now is twelve thousand dollars ($12,000). That's the production costs for all -- no -- plus the bumper sticker. Mr. Gimenez: We kind of figured to be about seventeen thousand. So, if you can ratify twenty thousand, that will give us a little bit -- Chairman Regalado: That -- and, remember, this is production costs. This is not -- and by the way, we can include that. We have also -- or they have also the offer from The Herald and El Nuevo Herald of advertising in the form of banners in the paper about the City of Miami. When the production and creativity department of J. Walter Townsend is ready with the new campaigns, you will all get a folder to -- so you can see what the prototype of the billboards will 60 January 10, 2002 • 0 be. We are trying to place these "Welcome to the Magic City" signs in gateways, Airport, Port of Miami, you know, Miracle Mile. Gateways to the City of Miami. Biscayne Boulevard. So, we already have or they -- the agency already has the offer of thirty billboards, plus the bumper sticker, plus the newspaper advertising. So-- Vice o - Vice Chairman Winton: Do you need a motion for the twenty thousand? Chairman Regalado: Yes, sir. Vice Chairman Winton: So moved. Commissioner Sanchez: Second. Chairman Regalado: There is a motion and a second. All in favor say "aye." The Commission (Collectively): Aye. Chairman Regalado: OK. The following resolution was introduced by Vice Chairman Winton, who moved its adoption: RESOLUTION NO. 02-29 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXPEND FUNDS, IN AN AMOUNT NOT TO EXCEED $20,000, TO COVER PRODUCTION COSTS FOR THIRTY SIGNS TO BE LOCATED AT CITY GATEWAYS AND FOR BUMPER STICKERS TO BE PLACED ON CITY VEHICLES TO PROMOTE THE "KEEP THE SUN SHINING" CAMPAIGN LAUNCHED TO ATTRACT TOURISM TO THE "MAGIC" CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 61 January 10, 2002 Chairman Regalado: OK. Commissioner Teele: Mr, Chairman, on that one point. Chairman Regalado: Yes, sir. Commissioner Teele: And the item that I asked to be put on the blue pages that didn't make it, Mr. Attorney, was a discussion relating to the Manager and MSEA (Miami Sports & Exhibition Authority). Is that -- Alejandro Vilarello (City Attorney): It's not ready, Commissioner. Vice Chairman Winton: (INAUDIBLE) MSEA. Commissioner Teele: The one thing on this advertising program is that, again, I'm a big believer that we've got to use whatever resources we have to coordinate. MSEA should be directly involved in this -- and I know Mr. Chairman, you're Vice Chairman, in fact, our liaison with MSEA, but I would only encourage you to ensure that, you know, MSEA is involved in that coordination, Chairman Regalado: You're absolutely right, because the purpose of this campaign is not only to bring an optimism and upbeat sense to the residents, but to attract tourism. So, you know, this is the logical thing for MSEA. 62 January 10, 2002 T1,TVAIGft;1A t ISTA CITY°S BICEx T NN MA iAG T -b INS TRUCT P3ARK E ARTME TT O �A OHI)T�'AR�PA �C� T1� C�'Y ARK:' m PI4GMS TISI', _J Chairman Regalado: By the way, now where we're talking on this item, Mr. Manager, next Saturday, at 11a.m., the ""Amistad"" will be docking in downtown Miami. Commissioner Teele: This Saturday. Chairman Regalado: This Saturday. Yeah, this Saturday. Next Saturday. Commissioner Teele: No. The next one is the next one. This is this one. Chairman Regalado: OK. This -- OK. Seventy-two hours from now, the "Amistad" will be docked at the City of Miami. I think Bicentennial Park, right? Commissioner Teele: Yes, sir. Chairman Regalado: OK. Commissioner Teele: Slip on the Bicentennial Park side. Chairman Regalado: Right. I would respectfully request that you direct NET 9 to be there to film the arrival, the ceremony and whatever activity that is there. Because -- I mean, the fact that Miami has been chosen as one of the ports for the "Amistad" to visit, it's very important. And this is a ship that has a history that touches several communities in the City of Miami, because it came from Cuba, because it shows that will -- the free will for the afro -American to look for freedom. So, I would just hope that the City would be really involved in promoting the "Amistad" and visit from the Parks Department -- if we can bring children from the after-school programs from the Parks Department to visit the "Amistad," at least once, during their stay here in the City of Miami. Carlos Gimenez (City Manager): Yes, sir. 63 January 10, 2002 Commissioner Teele: Mr. Chairman, the item that I had asked the City Attorney to schedule for a discussion item under my blue pages actually was triggered, believe it or not, by the "Amistad." The item is a discussion relating to the Manager designating a senior official as a permanent liaison from the Manager to the Miami Sports and Exhibition; and further, I had asked the City Attorney to prepare -- which I will submit as a pocket item this evening -- a resolution requesting that a management team, including a financial advisor from our available pool and bond counsel, and the Attorney, look at a possible alignment of MSEA (Miami Sports & Exhibition Authority) with the Knight Center and some of those things. Let me just touch upon the item that I had asked to be put here, which is a discussion about the need for a senior liaison person. I'm a big believer in coordination, and we've got a lot of great departments and resources, but a lot of times, in the City, we don't draw from it because everything is so flat. One example, Mr. Manager, is what Commissioner Regalado was saying. And I want to report to the Commission that we passed a resolution that instructed the Manager to designate a single point of contact on the "Amistad" visit. And I'm very pleased to say, publicly, that that liaison effort in your office is coordinated through Rhonda Vangates, is outstanding and it is functioning far above anything that I had hoped for. And I know Commissioner Winton's office was directly involved. I know we had the County and the School Board and a lot of people. And, quite frankly, what we just didn't have or what was not there was a single point of contact, and she's done an outstanding job. But let me tell you what's going wrong. Your office sent memos to CRA (Community Redevelopment Agency), to Bayfront Trust, and others and got positive and immediate responses. Your office has still not gotten a response from MSEA. Your office. And what we have here, Mr. Manager, is -- you know, this is one City, one government, and everybody wants to do their own thing. And I think the Executive Director of MSEA is outstanding. I think he's a uniquely capable individual. But what is missing is, there is not enough coordination on how things work, quote, "in the government." Now, maybe some of those things are bad. But when the Manager's office, in response to a Commissioners' directive, says coordinate and cooperate with us in this, at least you get the courtesy of responses, and that's not happening, And that hasn't been happening with Commissioners, as well, as well as other people in the public. I think MSEA is a unique entity and MSEA has never really been understood by this City. The people who set it up, with all deference to the long-time general counsel, Chris Korge, did a brilliant job in creating a unique entity at that time. To date MSEA, which taps CDT funds, has returned millions of dollars, millions of dollars -- and I'm not overstating this, Mr. Manager -- back to the County. And, at the same time, we're struggling, taking from the taxpayers and people's, you know, garbage fees by "it's all one pool," to pay the debt services or -- and the deficits on CDT eligible activities. I mean -- and, again -- I mean, to me, this is ideally what the management and Budget office should really be in the lead on on the so-called management side. But we have a tremendous opportunity, as well as a tremendous challenge here. And the challenge, I think, is to get MSEA to be more a part of the family of the City and a separate entity -- and separate and distinct. And I don't want to -- but I think what Mr. Jenkins needs most is a senior person, whose 64 January 10, 2002 business it is -- and I mean, I would never presume to recommend Christina Abrams or someone like that, but someone like a Christina Abrams, who's really there dealing with the counterpart of those kinds of activities. Because what is going on at the Knight Center and what is going on at MSEA very well be a conflict. It's not at all. But they're very complementary. And where our deficit is is over at the Knight Center. And, so, you know, the whole discussion on barricades, that I kept saying to MSEA in the context of the Raceworks thing, this City needs barricades. This community needs barricades. Now, admittedly, the Raceworks barricades are barricades times 10 squared, probably, and they're not your routine barricades. But I just saw in the paper the other day this thing -- I think these fine people are here on the need for barricades for the Martin Luther King Parade. There's a shortage of barricades. The Homeland Security. My view -- and I know they came to you on that, and apparently you said, we don't need any barricades. We've got enough barricades, even though the City, I think -- and I don't know if the union president is here, Mr. Catera -- even though the City borrows barricades for a lot of our functions from the Cuban Foundation -- Cuban/American Foundation and other organizations, but MSEA has that unique role and responsibility. If somebody ought to have barricades for the City, it ought to be MSEA, as an example, if not Public Works. And, so, I really would hope that we would begin to look closely at how we can work with MSEA, from the Manager's office, positively and creatively, to carry out a lot of the overall City goals that overlap with MSEA, the things that Commissioner Regalado was talking about in terms of creating an image. MSEA's -- one of MSEA's primary missions is to promote the image of Miami, particularly in the sports and convention context. But I sense that we have a disconnect, and I was going to use the "Amistad" as an example of that. We asked that they make dollars available or in kind. They've not even responded. And, so, we need to focus on that, Mr. Manager. Carlos Gimenez (City Manager): Yes, sir. Chairman Regalado: OK. And that is something that we will be addressing, Commissioner, on the MSEA meeting on the 22nd, It's -- you're right. Last year MSEA gave back the County three million dollars ($3,000,000), more or less. They say that it had some strings attached, but you still can, you know, look for ways to do something. Vice Chairman Winton: Well, Commissioner Regalado, I've spent a lot of time on that issue, so I'm not in the dark on that issue, at all. In fact, a lot of time, both with outside consultants, lawyers, accountants, and our City Attorney's Office, trying to figure out ways to not return that money to the County. And my recommendation to you -- because I don't think we -- I don't think we've ever quite finished our entire analysis and thought process, because at the end of the day, there are some action steps that could be taken -- there are action steps absolutely that can be taken, but it's going to require an exchange between us and the County. And there isn't a -- there's not an internal way for us to keep from sending that money back. But my recommendation is that y'all put together this task force again that would make recommendations to the board of MSEA, that will articulate specifically the steps that can be taken to keep from having to send that money back to MSEA. Commissioner Teele: Mr. Chairman, 65 January 10, 2002 Chairman Regalado: Well, we will do that. Commissioner Teele: Mr. Chairman, and in response to Commissioner Winton, that's essentially what the pocket item that I'm requesting this afternoon, would be to request the Manager to put together a task force that includes the Attorney and financial advisors to sit down and look at what's in the best interest of the City, first, and not in terms of a discussion and a debate. I will take one exception, though. You can use those monies to operate that facility. There's no question about that. And a part of operating that facility is to comply with the Code. MSEA is one of the most vagrant violators of our parking and landscaping and -- you know, it's that same old thing. The biggest abusers of our environment and space is the government. It's Dade County. It's the City of Miami. It's the CRA, as Mr. Wheeler just took the Executive Director by the -- by her neck, I guess, and took her around and showed her some CRA properties where there's debris and things on it, as he very well should. And then there's MSEA. And we all go there every day. We all participate in that violation of our own Code by parking on that illegal parking lot they've got there. So, that's money that could have been used to solve some of those problems, Johnny. Chairman Regalado: OK. I forgot to say at the beginning of the meeting that we have no vetoes from the Mayor, and we need a motion to approve the minutes of other Commissions. Commissioner Sanchez: So moved. Commissioner Teele: Second. Chairman Regalado: There's a motion and a second. All in favor say "aye." The Commission (Collectively): Aye. Chairman Regalado: Approved. 66 January 10, 2002 Chairman Regalado: Commissioner Gonzalez, your time certain item, the -- "A" and "B." Commissioner Gonzalez: Yes, Mr. Chairman. Thank you. I would like to bring up for discussion the designation of Northwest 20th Street, between Northwest 8th Avenue and Northwest 27th Avenue as Orlando Urra Boulevard of the Americas. Orlando was a very active community leader in Allapattah. Orlando dedicated most of his life, after he came back from the Bay of Pigs invasion to work and improve the community of Allapattah. And not only that, not only was he concerned with Allapattah, but he work in many issues that affected the City of Miami in the past. Orlando passed away some three years or four years ago. We have his wife here today, Miriam, and his son, Orlando Urra, an ex -president of the Brigade 2506. And 1 would like to move a motion to name Northwest 20th Street as Orlando Urra Boulevard of Americas. Commissioner Sanchez: Second. Chairman Regalado: There is a motion and a second. This is a public hearing. Vice Chairman Winton: Doesn't this have to go to the Street Codesignation Committee or something? Chairman Regalado: Yes. Vice Chairman Winton: Yeah. OK. Chairman Regalado: What he's doing, he's sending it to the Street Codesignation. And then, you know, it's the payment that has to be made to the City and the County for completion of the signs. Commissioner Gonzalez: That's correct. We are aware of this. Chairman Regalado: OK. Commissioner Gonzalez: Also, we have -- Chairman Regalado: Let us vote on this and then we'll do the other one. So, there is a motion and a second. All in favor say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes five to zero. Go ahead, sir. 67 January 10, 2002 r--I LJ r--I LJ The following motion was introduced by Commissioner Gonzalez, who moved its adoption: MOTION NO. 02-30 A MOTION TO REFER TO THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE, WITH A POSITIVE RECOMMENDATION, PROPOSED CODESIGNATION OF NORTHWEST 20TH STREET (BOULEVARD OF THE AMERICAS) FROM NORTHWEST 8TH AVENUE TO NORTHWEST 27TH AVENUE TO ORLANDO URRA BOULEVARD OF THE AMERICAS. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: None. 68 January 10, 2002 TSO C1F NQ �iWEST 1 AV�TU Chairman Regalado; Go ahead, sir. Commissioner Gonzalez: Also, my second item is designating Northwest 19th Avenue from Northwest 20th Street to North River Drive as Hector Rodriguez Avenue, Hector Rodriguez was also a very active community leader in Allapattah. Hector, after he served many years in prison in Cuba as a political prisoner -- he was a lawyer, and when he came to Miami, he started working in our community and together with Orlando Urra, and some other community leaders, brought many projects, like the community center and daycare center and many, many other projects, too, that improve our community. So, I would like to move the name of Hector Rodriguez Avenue from Northwest 19th Avenue between 20th Street and North River Drive. Chairman Regalado: There is a motion and -- Vice Chairman Winton: Second, Chairman Regalado; -- and a second. Commissioner Teele: How many blocks is that? Chairman Regalado: Five. Commissioner Gonzalez: Five. Commissioner Teele: And what's the limit that we have under this rule? Chairman Regalado: Five. We have five. That's the most that you can name. So -- Commissioner Teele: Call the question. Chairman Regalado: OK. All in favor say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. 69 January 10, 2002 11 0 The following motion was introduced by Commissioner Gonzalez, who moved its adoption: MOTION NO. 02-31 A MOTION REFERRING TO THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE, WITH A POSITIVE RECOMMENDATION, PROPOSED CODESIGNATION OF NORTHWEST 19 AVENUE FROM NORTHWEST 20 STREET TO NORTH RIVER DRIVE AS "HECTOR RODRIGUEZ BOULEVARD." Upon being seconded by Vice Chairman Winton, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Commissioner Gonzalez: Thank you, Mr. Chairman. Chairman Regalado: Just for the record, Mr. Public Works Director, when are you going to call the Codesignation Committee meeting for this item? John Jackson (Director, Public Works): John Jackson, Director of Public Works. The next meeting will be some time in -- later this month in January. The problem we've had is getting a quorum at the meetings. Our meeting in December, we were unable to have it because we did not have a -- the attendance that we needed. I think that you also many -- you needed to have other committee members from Commissioner Gonzdlez -- Commissioner Gonzalez: I will be making an appointment today to that board. Mr. Jackson: Good. That will help, so we'll be able to have a quorum to have the meetings. That's the problem we've had in the past. But we'll try to schedule one by late January or early February. Chairman Regalado: Thank you. Commissioner Gonzalez: Thank you. 70 January 10, 2002 C7 • Chairman Regalado: OK. Now we go to the regular. We have several people on several items here, and as a courtesy, can -- would you mind if we take Item 18? There's some people from Miami -Dade Community College and the ACLU (American Civil Liberties Union) here. Item 18 is the Tower Theater. Commissioner Sanchez: Mr. Chairman, I believe that they were going to be here at 3 o'clock. That's what I was told. Chairman Regalado: Oh. OK. Commissioner Sanchez: So at 3 o'clock. Chairman Regalado: 3 o'clock, OK. I saw you here and -- But anyway, what we're going to do is we'll take them after the executive session. We don't know how long it's going to go. So it may be 3. It may be 3:30, I don't know, but around that time. 71 January 10, 2002 Commissioner Teele: The Shake -a -Leg people have been here all morning. Chairman Regalado: Right. I was going to say exactly that. We have members of the Shake -A - Leg Organization and, you know, they've been here all morning. Commissioner Teele: What number is that? Chairman Regalado: I don't -- Mr. Manager, what number is that? Commissioner Teele: Huh? Item Number 8? Chairman Regalado: Item Number 8 and 9. Commissioner Teele: Mr. Chairman, with your permission, I would move Item 8 for discussion. Commissioner Sanchez: Second. Vice Chairman Winton: Second. Chairman Regalado: There is a motion and a second. Discussion. Commissioner Teele: Mr. Manager, would you just put on the record exactly what we're doing? Carlos Gimenez (City Manager): Yes, sir. Frank Rollason: Frank Roilason, Assistant City Manager. This is accepting money on Item 8 from Shake -A -Leg to put towards the water sports construction that's going on on the project, and we've reached a cap of what the City has put forward to that and the rest of that has to come from Shake -A -Leg and the "Y." And this is another payment from Shake -A -Leg to come forward on that, and then 9 allocates money for us to go forward with the project. Vice Chairman Winton: OK. Commissioner Teele: Mr. Vice Chair, would you preside? Vice Chairman Winton: Yes. Oh, I'm sorry. So, we have a motion and a second on the table. Do we have any other discussion on this item? If not, all in favor "aye." Maria Chiaro (Assistant City Manager): It's an ordinance. It's an ordinance. 72 January 10, 2002 Vice Chairman Winton: Oh, sorry. Ms. Chiaro: Establishing a special fund, Commissioner Sanchez: Read it. Vice Chairman Winton: Read the ordinance, please. Call the roll. An Ordinance Entitled — AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 12128, AS AMENDED, THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENTS ORDINANCE FOR FISCAL YEAR ENDING SEPTEMBER 30, 2002, ACCEPTING AND APPROPRIATING A DONATION IN THE AMOUNT OF $36,500 FROM SHAKE -A -LEG MIAMI AND REVISING CAPITAL IMPROVEMENT PROJECT NO. 333124, VERRICK COMMUNITY WATER SPORTS CENTER; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR ACCEPTANCE OF THE DONATION; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Teele 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 Tomas Regalado Commissioner Angel GonzAlez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr, Vice Chairman Johnny L. Winton NAYS: None ABSENT: None. 73 January 10, 2002 • U Whereupon the Commission on motion of Commissioner Teele and seconded by Commissioner Sanchez, adopted said ordinance by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12171. The ordinance was read by title into the public record by the City Attorney. 74 January 10, 2002 Chairman Regalado: Item 9. Frank Rollason (Assistant City Manager): Item 9 is a companion with that and -- Commissioner Teele: So moved, Mr. Chairman. Vice Chairman Winton: Second. Chairman Regalado: It's a motion and a second. It's a resolution. All in favor say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 02-32 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN INCREASE IN FEES FOR ADDITIONAL PLANNING, DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE CONSTRUCTION OF THE INTERNATIONAL WATER SPORTS CENTER PROJECT FROM R.J. HEISENBOTTLE ARCHITECTS, P.A. IN AN AMOUNT NOT TO EXCEED $236,200, FROM $493,000 TO $729,200; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 333124, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCE, AS AMENDED; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 75 January 10, 2002 • • (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzdlez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 76 January 10, 2002 Chairman Regalado: Commissioner Toole, we have people in the audience here. Are there any items, in particular, that we can -- Commissioner Toole: I think they were here as a public appearance attempting -- under 6 -- attempting to be heard on the Martin Luther King Parade. Chairman Regalado: You want to do that? Commissioner Toole: If you could, Mr. Chairman. Thank you for the courtesy. Chairman Regalado: You want to do that? Let's do it. Because -- I mean, we should accommodate the people that, you know, are here and have taken their time. It would be not fair. You're press. You're not -- (INAUDIBLE COMMENTS) Chairman Regalado: I know that. I know that. We'll do it right immediately after that. Go ahead, sir. Vice Chairman Winton: Hold up. What item is this? Commissioner Toole; Mr. Manager, did they get on the agenda? Are you all on the agenda? Lee variety: Yes. We made a request to be on the agenda earlier. Commissioner Toole: I don't think it made it. But your request is essentially on the Martin Luther King Parade, is that right? Mr. Variety: Yes, sir. Yes. Commissioner Toole: So, I would ask that it be heard as a courtesy. Mr. Variety: Thank you, sir. Chairman Regalado: Go ahead, sir. Mr. Variety: Yes. I'm -- Chairman Regalado: Your name. Mr. Variety: Evangelist -- this is the whole group is here in reference and in the community -- I'm Evangelist Lee variety. I'm representing Brothers of the Same Mind and the Model City residents for the Martin Luther King Parade, which will be coming up shortly. We had a 77 January 10, 2002 problem that arose where they felt a little uncertain about some of the situations that have come up. There's some funding that has went toward this parade for security, but they were a little concerned in reference to a lot of things that have happened since 9111 about securing this parade to where there's no incidents. And they brought in some other individuals to give us an evaluation. We felt that we needed more security in reference to making sure that the children do not, for one, provoke any incidents in reference to the floats, where they spray this type of stuff that they have on the people who are participants. Because the participants don't want to be involved with the parade because it has gotten so bad, because they getting so close and -- that they have hired Brothers of the Same Mind to do security throughout this entire area, which is a very large area. And what has happened is, the barricades -- there are barricades that are given to this organization for the parade each year, and because of the fact that the terrorism situation at the airport, the barricades have not been able to come up to the standard this year of what they needed. And Mr. Teele was speaking about the problem with barricades. So, what we're using is, we're using individuals from the Brothers of the Same Mind and other groups to secure this parade because the Dr. Martin Luther King Parade is too important to the African-American community for there to be any problems. The only thing that we are requesting now is we need some additional funds, which came up to about five thousand dollars ($5,000) for over 60 or more individuals that will be hired to be in certain locations to be sure that there's no incidents. And we wanted the support of the Commission in terms of recognizing that the Model City citizens and African-American community are just as concerned about our children and our families in securing a good name for the City of Miami as every other community. So, we're asking for your support in reference to the funds that we would need, which would come up to five thousand dollars ($5,000) at this particular point, to secure this parade and to make sure that we leave the activity with a good name in terms of our area. Because as we go through 2002, we want to be able to be a plus in reference to doing things that's positive and that sends out a good name for the City of Miami to other nations that come here, from a tourist standpoint, and we are hoping that you will support us in this respect. Commissioner Teele: Mr. Chairman, members of the Commission, I have a letter, which my staff just gave me. Is today the 10th? It's dated the 10th. So, I guess it just came in by fax. It's signed by Dr. Marshal, I'll make it available. It says, "This letter verifies the verbal agreement between the Martin Luther King Committee, the Brothers of the Same Mind relating to the shortfall of barricades that are needed for the upcoming Martin Luther King Parade. Currently being used by the Miami International Airport since September 11th for security. Being president of the MLK (Martin Luther King), I felt that extra security for the parade route is essential to protect both the participants and the people out there viewing. The MLK is in deficit of five thousand dollars ($5,000) that will cover these costs associated with this agreement. Please understand that these persons do not have policing power and only to instruct people during the parade." And I'll make a copy of this. Let me say this to the Manager and Chief -- Chairman Regalado: Commissioner, could I ask you something or can I ask the Manager? We use a lot of portable barricades on the Three Kings Parade from 17 to 22nd Avenue. It's about 8 to 9 blocks. And they were there last Sunday. I don't know where we get them from. These are to -- and it work very good, because people didn't jump on the street. 78 January 10, 2002 Raul Martinez: Commissioner, Raul Martinez, Chief of Police. I believe Commissioner, those came from the Orange Bowl. But I believe the problem that we have on this event -- because we went to the Orange Bowl to use the barricades for the Martin Luther King Parade for the City side of the parade. I believe the Orange Bowl is having a soccer game that day and they have a need for those barricades. So, that is the dilemma that Mr. Variety is talking about for the City side. Maybe the airport -- I think, traditionally, of the airport also did give barricades in the past and they're using, I guess, those barricades for the parking areas. So, it's -- we have a problem for our barricades and the County has a problem with their barricades, as we speak, because of dual events. Commissioner Teele: And I would ask that you get a copy of that Miami Herald story. I saw it appear in Neighbors, and make sure that it's circulated today. Because the story again pointed out the point that I tried to make to MSEA (Miami Sports & Exhibition Authority) a month ago, that there's going to be a massive shortage of barricades because the barricades that were -- have traditionally been available from the airport and seaport, you know, as floaters are now all being pushed into service. And, again, you know, the City of Miami is going to be a place where we have parades and this -- we need to be staffed up for this. Not to confuse the issue of Raceworks, because the Raceworks barricades are barricade personified and not just mere barricades. This is what I would like to do, because I've not had an opportunity to discuss this with the Manager. Evangelist, you need to listen to me now. You need to hear what we're doing. Mr. Variety: Yes, sir. Excuse me, sir. Commissioner Teele: I would ask that this item be deferred to the -- after the citizens -- after the bus bench issue this afternoon, and to allow the Police Department to work with -- a representative of the Police Department to work with the Brothers of the Same Mind and to come back with a recommendation. What I'm going to be looking for is the following: The same issue of coordination. I want to make sure that the individuals that we're using are people that the Police Department can at least give some training to, can establish a working relationship with. I see this as an opportunity for us to work together in the long-term, not just around this parade. Hopefully, there could be sort of a training program that can be done, we can identify, and then maybe we can authorize the funds and you all present them, how you want to do it, the budget, and maybe we can authorize the funds to the Police Department and they would basically cut checks and disperse it to the parade marshals or we could do it through the Martin Luther King Committee. Because I think it's a good idea. I think having people and police working together is a good idea and four thousand five hundred -- five thousand dollars ($5,000) for a Martin Luther King Parade, in my judgment, is well worth the effort. And I think it ought to be more than just "Here's five thousand dollars ($5,000)." We need to establish a training program -- Chief. Martinez: Yes, sir. Commissioner Teele: -- so that the police that are out there on the routes know who you are. Because, see, this is how some mess can get started. You know, we're operating over here. They're operating over there. Let's sit down, work this out over the lunch and bring it back around 5:30, 6 o'clock tonight. And I think we can work out something that will make sense, if the police is willing to do that -- if the Chief is willing to do that. 79 January 10, 2002 Chief Martinez: And, Commissioner, Raul Martinez. We have no problem doing that. In fact, we're using all the citizens in patrol and -- Commissioner Sanchez: (INAUDIBLE). Chief Martinez: -- volunteers for the area to do that. And we will give them training right before. We have done many parades on Southwest 8th Street, where the groups bring volun -- security, volunteers, and we meet with them previously, give them some safety tips and instructions, so that they wear a cap or something. We can identify who they are and we know who they are and they know who we are to do that. We have no problem. I will have Deputy Chief Cheatham do that. Commissioner Sanchez: You are utilizing all these citizens in patrol? Chief Martinez: Yes, sir, we are. Commissioner Teele: In the respective neighborhoods? Chief Martinez: Yes, sir. Commissioner Teele: And one of the things you might do also, Chief, is go to the Little Haiti citizens on patrol, which is the largest -- Chief Martinez: It is the largest, you're correct, sir. Commissioner Teele: -- and see if we can also tap them for volunteers for this parade, as well. I mean, the communities need to work together, as well. Chief Martinez: And, Commissioner, let me correct that. We are seeking citizens on patrol from all neighborhoods to come as citizens in this parade, like we do in every parade. Not just the ones that patrol -- that live in that neighborhood. We bring them from all neighborhoods that could help us. Commissioner Teele: Right. Mr. Variety: I just wanted to point -- before we go, I would like to commend the Chief and Deputy Chief Cheatham and his officers. We've -- there's been some issues of some confrontations in the community. I don't know if you're aware of it. And as a matter of fact, Mr. Jones is involved with the incident with some officers. And I'd like to commend the Chief and them on the way that they have worked along with us in solving these issues, because there were some things that took place -- and this is why we're concerned about the parade, that could really have gotten out of hand. Job related issues about -- in the communities, which we'll talk about it at another time. But I wanted you to know that the Chief is doing a wonderful job in terms of my representation for the people in the neighborhood, and Deputy Chief Cheatham. And that right now, for anything that happens -- before anything takes place, I make a call to 80 January 10, 2002 your office, do I not, Chief? And talk to the Chief and find out what the position is with the police officers, what you're saying. We've been doing this now for a while. And it stopped a real situation that could have give a really nasty name to the City of Miami. So, we want you to know that we feel very strongly about what you're saying, Commissioner Teele, and the Commission. As you gentlemen know, I try to work with you in every way that I can, because I know that you're here to do a good job. You've cleaned up the City and a lot of things that were problems before have now improved and we want to give you a positive recommendation. And we want the people of the City of Miami to know and myself, being a spokesperson for Brothers of the Same Mind and representing all of the different organizations, as far as that go in reference to the people, the African-American community and others, from Homestead to Carol City, in that reference, that you are doing a positive job and we thank you for working the way you're working. And we want to see you also improve your own situation in reference to your pensions and other areas, because if you're working for something, then you should be compensated. And we want you to know that we appreciate you, as well as the Chief and the Deputy Chief: And God bless you. Commissioner Teele: Mr. Chairman, I would move that the item be deferred to five -- approximately 5:30, after the bus bench item this afternoon, with a request that the Chief come back with a plan for the request, and hopefully will endorse the expenditure and give us the procedures of how it will be done. I would so move. Vice Chairman Winton: Commissioner Teele, the one concern I have in that regard is, you've got a bunch of people here. You'd hate to have to see them sit around here. You know, I'm sure they have other things to do other than wait around for 5:30, so we might -- Commissioner Teele: They're going to need to go meet with the Chief and his staff -- Vice Chairman Winton: Right. Commissioner Teele: -- and develop a training plan and probably wind up getting some caps or something out of this. And it will probably wind up being a little bit more than you're asking for, because we're going to make sure -- the Chiefs going to make sure that you fit in and you've been briefed and it may require that they come back for a training session. But in effect, they would have to leave and come back. I don't see any -- Vice Chairman Winton: At least somebody. Mr. Variety: What I think, in an effort for something positive for our community, we'll do whatever is necessary. Commissioner Teele: And, by the way, his letter says, it's going to be hiring gentlemen, men. Let's make sure that we include men and women. Mr. Variety: Yes. We have already worked on that issue. And we've also stipulated to everyone in the community, that we're going to be checking them for anything that's out of order and before they go out there, because they have to be cleaned up and represent this community and 81 January 10, 2002 0 this City and recognize that they're going to be associated with us, at Brothers of the Same Mind Commissioner Teele: OK. Mr. Variety: -- then they have to be first class in whatever they do, so that you guys will look good in reference to what you have done and for your services. Commissioner Teele: Call the question, Mr. Chair. Chairman Regalado; There's a -- Commissioner Teele: It was second by Commissioner Sanchez. Chairman Regalado: -- motion and a second on this motion. All in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 02-33 A MOTION TO DEFER CONSIDERATION OF REQUEST FOR FUNDING ASSISTANCE FROM PROMOTERS OF THE MARTIN LUTHER KING PARADE TO 5:30 P.M. TODAY TO ALLOW SAID PROMOTERS AND REPRESENTATIVES OF BROTHERS OF THE SAME MIND TO MEET WITH REPRESENTATIVES OF THE MIAMI POLICE DEPARTMENT IN CONNECTION WITH COORDINATION OF SECURITY AND TRAINING OF VOLUNTEERS (INCLUDING BOTH MEN AND WOMEN) TO ASSIST WITH SAFETY DURING THE MARTIN LUTHER KING PARADE AND POSSIBLY OTHER FUTURE EVENTS; FURTHER REQUESTING THE MANAGER TO INSTRUCT THE CHIEF OF POLICE TO COME BACK WITH A RECOMMENDATION ON THIS MATTER. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 82 January 10, 2002 Chairman Regalado: OK. We have a -- Commissioner Teele: Elaine Carpenter is here. Chairman Regalado: Yes. -- presentation by Elena Carpenter, publisher and editor of the Coconut Grove Times and Brickell Post, to address the Commission concerning the City's requirement for newspaper advertising. This is 6A, and it's under public appearances. And the reason I'm doing this, Mr. Vice Chairman, is because that way we accommodate the people here and then the other items -- we'll be able to do whenever it's time. Ms. Carpenter. Elena Carpenter: Thank you, Mr. Chairman, Elena Carpenter with offices at 2980 McFarlane Road, Suite 204, Miami, Florida. Thank you for listening to us today. We come before you -- "we," meaning our newspaper organization. We applied to the City to be able to publish public notices from the City and we received a paper back -- and I'm sorry, but I'm a little sick -- a paper back that outlines the City's requirements, as well as the Florida statutes. We satisfy all of the City requirements; that the newspaper is well established in the community, that it's been in continuous operation for several years; we've been around for over six years; that we have a circulation over 10,000. We're at 32,000; that the newspaper's based in the City. We're in Coconut Grove. And that the circulation is mainly within City limits, and it is the majority of our circulation. It encompasses -- our total circulation encompasses from downtown to Pine Crest, every home. The greater amount of it is covering the Brickell and the Roads and the Coconut Grove area, with the minority going to South Miami and Coral Gables, and portions of Unincorporated Dade, which has nothing to do with our presentation today. The Florida statutes, which is why we were asked to come before you from the Clerk's Office, really implied, is that the newspaper will -- the ads will be deemed to have been published in accordance with the law if the same is published in a newspaper which publishes periodically once a week or oftener, which, at the time of publication, shall have been in existence for over a period of one year and shall have been entered as a second class mail matter in the Post Office and the County, where it originates. We are monthly and we don't do second-class mailers. Subscribers actually outside of our distributionary area get it in first class mail. I don't know that you need our publications to satisfy the publications that are published in accordance with the law. What we would like to do is, we feel we provide a service to the community. We are the only publication in this County, if not beyond, that covers every, every home within our distribution area for free. We cover news that other publications are unable or unwilling to cover, which affect small communities. You're all rather familiar with that, and you know we've been doing it. A current example of making our communities aware of issues that they would not otherwise have been made aware of is the bus benches. We published it. The community has become aware of. I don't know that I've read anything in The Herald, except for today, a letter to the editor. And that's not a criticism of The Herald. They cannot cover all of the minutia that affects our 83 January 10, 2002 communities. But like that, we've exposed many issues to our community and that can enhance or detract from their quality of life. And, basically, what I'd like to do is to have you publish your public notices in our newspapers so that you don't deprive our readership, which is, again, every home within the Coconut Grove, Brickell and Roads in the City of Miami of your public notices and the information, and simultaneously, that you don't deprive our publications of the revenue that we can generate from the City, which also helps us distribute our product for free. Chairman Regalado: Thank you very much. Let me say this, because I was here when you guys were not and I think I should give you this background. In 1996, when the financial crisis affected the City of Miami, there was a decision to cut down on the advertising budget of the City. At that time, many community newspapers were getting advertising from the City. And because of the crisis, there was -- and because -- and I have to say it. I'm sorry, but it's the truth. Because of some political thing, some papers were cancelled out of the list, especially some community papers. I really believe that, yes, we should have notices in different papers, according to certain laws and all that, but I tell you something. I really believe that we should have some kind of budget or divide the budget that we have to advertise in community papers. And it should be very simple. Community papers, with offices and circulation in the City of Miami. I think that there is you, there are two -- I think two, maybe most three, community newspapers in Spanish. I think there's one Haitian American. There's -- based in Miami, And there is also one or two in the Afro-American community besides the Miami -- the regular paper of the community. Joel Maxwell (Deputy City Attorney): Miami Times. Chairman Regalado: Miami Times. So -- and I tell you why we should do this. Maybe Commissioner Winton has a town hall meeting. Well, it's important that people from his district see this, and if you do the shotgun effect, which is the major circulation paper, The Herald, some people in the district may not have seen it, because after all, the cost is very big. So we're going to have to go to advertise in Neighbors or in a small amount of inches inside page. We should do that in community newspapers. If Commissioner Sanchez or Commissioner Gonzalez or Commissioner Teele, we should have the same needs. We should do that. We should do advertising in terms of this thing of the dogs that we just did, the "Amistad" visit. So, we need to publicize the City of Miami. And by doing that, I will tell you that -- I cannot speak for you -- but I will tell you that if we guarantee a small amount of money through the year, we will be able to place news from the City of Miami that otherwise would not be published by the mainstream press. And you know, we got many things that we need to publicize. And unfortunately, the mainstream press will not cover things, like the bus benches. Probably, they'll do a story about billboards because it affects many people. But I tell you, I think and I urge -- I don't know, Mr. Manager, what do you think on this issue. I don't know, Johnny and Angel and Joe and Arthur, what do you want to do. But I will tell you that if we dedicate some of the money that we use now or if we look for other avenues to advertise, we could have a very positive image in the different communities by advertising events that will bring people and will bring people to participate in these events. So -- Commissioner Teele: Mr. Chairman. 84 January 10, 2002 Chairman Regalado: Yes, sir. Commissioner Teele: I'm in total agreement with what you're saying and I really think that the City has a special obligation to the newspapers and organs that operate within our -- that operate first and foremost within the municipality and also that serve the citizens, The concern that I have is very specific. First, the Clerk's Office, which has jurisdiction, I think, over advertising, needs to get with the Manager's office and make some recommendations to us on this. I'm going to tell you what the concern is. Unintended consequences. You're saying there's three, four. I will bet you there will be one hundred and if there ain't a hundred now, the day we approve something, there will be a hundred. Because this is that same debate we had about the guy who had a trailer underneath 395. Remember that big debate about, was the City in -- was the business in the City or not? And the trailer that they were using for something was deemed to be in the City and all of that. I think we've got to do exactly what you're saying do. Chairman Regalado: But, Commissioner, if I may, just very briefly. I will tell you that the amount of money that we'll be dedicating will not be worthwhile for anybody to start a community newspaper. Because I tell you something: To publish 10,000 copies -- and you need to have 10,000 copies -- your printer will cost you six to seven thousand dollars {$7,000} each time. That's more or less -- Ms. Carpenter: If you print it in this quality paper, yes. If not, it would be less. Chairman Regalado: No. Right. Commissioner Teele: Mr. Chairman. Chairman Regalado: That's what I'm saying. Commissioner Teele: We're saying -- Chairman Regalado: No. What I'm saying is that because we approve some money, no one will decide to start a newspaper. I'll tell you, because the cost is very, very high for one edition. One single edition at this time cost -- Commissioner Teele: Mr. Chairman, the way I think we should proceed is, we should respond positively to this request. I think we should instruct the Manager, and the Attorney and the Clerk to go out with a notice of interest, of The Miami Herald -- I mean, of the City of Miami seeking newspapers that would be interested. Sort of a solicitation. And just say that this solicitation will be for two years. a two-year period, and we may or may not choose to advertise. But let's at least get a picture and let's get a process where everybody who's similarly situated -- the Gospel Truth newspaper is possibly is a very important newspaper. It appears in every black church. It has a circulation that is very, very wide. It's published in the City of Miami. And I mean, I would be hard pressed not to say that the Gospel Truth clearly is not the Miami Times. There's only one Miami Times. But in terms of circulation, and penetration and influence, the Gospel Truth has a tremendous influence among people who go to church every Sunday and it's a newspaper. It's not a religious newspaper. So, I mean, I think we have to be careful when we 85 January 10, 2002 say that -- and I know that because they want to open up an office in Overtown. So, we need to know who it is -- and I don't know, --Ms. Carpenter, do you think that process of doing a solicitation and asking, you know, where you are, and would you be interested, and how much is circulation is, and how many employees you have in the City? And, you know, making sure that they have a -- what do you call it? -- an occupational license, and those kinds of things. And then presenting back to us a list and a recommendation. Ms. Carpenter: What you might want to do, Commissioner, is -- and I think that addresses some of your fears of hundreds of them -- is that it is not necessarily uncommon in the small publication business to not be as truthful as possible about circulation. So, the City should make very specific demands. Chairman Regalado: It has to be certified. Ms. Carpenter: Yeah, but certified by whom? Exactly. Commissioner Teele: There's about four different -- I mean, you know -- Ms. Carpenter: So, that would be the only thing, that all of us -- and everybody publishes more than 10,000. Chairman Regalado: Elena, you have entities that will certify your circulation, and we can even contract for certification. Ms. Carpenter: You might want to get it from the printer, as well as from the publisher. Chairman Regalado: Right, from the printer. Ms. Carpenter: Your guidelines right now are rather loose. Chairman Regalado: I mean, the easiest thing is go to the printer and that's it. You know, printer is not going to make a false document -- I mean, if there is a City going on. Ms. Carpenter: I would request it from the printer and from the publisher. Right now your guidelines are rather loose. And pretty much, if I signed a piece of paper telling you I print 50,000, you'd buy it, based on your guidelines. If you're going to go out and into the masses, you might want to request a certified affidavit from the printer and the publisher. Commissioner Teele: Tomas, I owned a newspaper, which is still in publication. It is the Miami Times of Tallahassee. It's called the Capital Outlook. I can tell you that I would never have raised my right hand to verify what my marketing people put out was the circulation of the paper. Ms. Carpenter: Exactly. Commissioner Teele: I mean, that happens in the community newspapers everyday. You're -- you know, you're -- it's done not to deceive government. It's done to try to get the Winn Dixies 86 January 10, 2002 and the Eckerd's, and the lottery. And you know, then we talk about pass along readership. You know, a newspaper in a barbershop, we calculate as being read by -- Ms. Carpenter: Three and a half people. Commissioner Teele: -- you know, involved. No. Maybe in your community. Ms. Carpenter: Oh, no. In Tallahassee it's more? Commissioner Teele: In my community, about 10 people -- Ms. Carpenter: All right. Commissioner Teele: -- or 12 people. So, you know, there's a lot of these things and we just need to agree on a process that Elena's talking about. Who's going to be the certification and how we -- there are about four or five different agencies that do do certifications and we ought to agree on that and know what the universe is, and then I'd be willing to go forward immediately, once we have a competitive -- not a competitive but an invitational process and we know who we're going to award to. Chairman Regalado: OK. You want to do that? Do we need a motion? Just direction to the Manager to -- Commissioner Sanchez: Just direction to the Manager. Vice Chairman Winton: To come back to us. Commissioner Sanchez: Comeback. Commissioner Teele: The Manager and the Clerk, yes. Commissioner Sanchez: Yeah. Chairman Regalado: OK. Mr. Maxwell: Direction will be fine. Did you -- Commissioner -- Mr. Chairman, I just asked the question of Commissioner Winton here. When you were discussing the circulation minimum, was that something you actually -- did you decide on that period? OK. Commissioner Sanchez: We haven't decided on anything. Mr. Maxwell: I mean, in terms of when we work out the guidelines -- Vice Chairman Winton: We asked for recommendations coming back -- we asked for kind of a global review of what's out there. Search, find out what's out there. 87 January 10, 2002 • Commissioner Teele: I think we should authorize the Manager and Clerk to seek letters of interest with criteria, and to define that in working with members of the industry, and to come back to us, based upon who's interested, with a recommendation regarding that -- for papers that, as you've indicated, Mr. Chairman, are based -- have their offices in the City of Miami. And office means what? it means a -- Commissioner Sanchez: Occupational license. Chairman Regalado: Office means -- Commissioner Teele: -- occupational license. Chairman Regalado: Office means office, not the printer. Not the printer. Vice Chairman Winton: Not the printer, not the trailer. Commissioner Teele: Yeah. And that's why I'm telling you. Anybody can have an office. You can just go rent a community office space. I mean, because reporters are, you know -- so we have to be real careful about -- Mr. Maxwell: You mean main offices, maybe? Commissioner Teele: I think we ought to let the Manager and the Attorney and the Clerk -- Chairman Regalado: Hey, just say the main office. Just say the main office. That makes sense, the main office. Vice Chairman Winton: Well, you may need some definition. So, y'ali can work on that. Ms. Carpenter. Will there be like -- Vice Chairman Winton: There's lots of tricks. Ms. Carpenter: -- a time frame that this would be done in? And is -- Chairman Regalado: Yes, Ms. Carpenter: And is there anything I can do to expedite it? Commissioner Teele: Sixty days. Chairman Regalado: Yes. It will be -- Commissioner Teele: I think the notice has got to be at least two weeks. Ms. Carpenter: Would you like to publish the notice, Mr. Manager, in our newspapers? 88 January 10, 2002 Chairman Regalado: Yeah, but it's got to be free. Ms. Carpenter: That would be bribing the government, sir. Chairman Regalado: No. That would be public service. Vice Chairman Winton: That would be the government bribing you. Ms. Carpenter: I already do lots of public service. I think that -- if I gave it to you for free, I might be wanting to ingratiate myself in your eyes so you would select us later. Chairman Regalado: No. We will select you later. Ms. Carpenter: But if you insist, I will. Chairman Regalado: Because you are in the City of Miami. It's very simple. Ms. Carpenter: OK. Chairman Regalado: Whoever is in the City of Miami, it's got to be on the list. Carlos Gimenez (City Manager): Is there some type of association of these neighborhood newspapers where you can get a listing of them, et cetera? Ms. Carpenter: Yeah. I'll help you. I have lots of lists. I'll be happy to give them to you. Chairman Regalado: Yeah, of course, we have it. Ms. Carpenter: Thank you. Chairman Regalado: And, you know, it's very easy to find out who they are in the City. Ms. Carpenter: It is. Thank you very much. Commissioner Teele: I'm just going to tell you, Tomas, you know, there's the Overtown Defender that is public -- there's got to be a circulation threshold and I don't think we should try to establish that. I think the Attorney and the Manager and the Clerk should do that. Ms. Carpenter: Yeah. It's currently 10. Commissioner Teele: But there is the Overtown Defender that is very successfiil. It's published -- in fact, the previous mayor gave her a proclamation. Everybody, you know -- you don't remember, right, two or three weeks before the election? Chairman Regalado: Oh yeah. 89 January 10, 2002 Commissioner Teele: And, so -- and then you have a paper there on 7th Avenue that's been printed by Sonny Wright. I forget. I don't remember the name of it. But it's printed on 7th Avenue and 42nd Street. You've got the Miami Times, So, I'm just saying, in the black community alone, I know of five community newspapers in the City of Miami, and I just think we need to have a threshold of circulation, a threshold of certain other elements so that we know what we're doing. Commissioner Sanchez: I think there's about 300 in my community. Chairman Regalado: No. Actually, no. Commissioner Sanchez: There's a lot of newspapers. And see, the problem we're going to have here is, you know, who gets it and who doesn't get it? That's why it's important -- it's prudent that we put those guidelines to make sure that when the selection is made -- because people are going question the selection process. People that don't have newspapers are going to start a newspaper. Vice Chairman Winton: That's why you have to have criteria. And we'll set the criteria and then you solve the problem. Chairman Regalado: Let me tell you. There are several entities that, for a fee, will give you a certified circulation. They will go to the printer. They will go to the distribution points. And they will tell you, more or less -- I mean, yes, you can go around and say, you have a hundred million readership because you send it to your family in other countries. But that's not the point. We're looking for circulation. And we can get a more or less exact figure in circulation. We can do that. OK. Ms. Carpenter: Thank you very much. Chairman Regalado: Thank you. Mr. Vice Chair, I have to leave to do the program, and there are several items here. So, we will return at 2:15 just for my information. Vice Chairman Winton: I'm sorry. Chairman Regalado: No. I have to leave for the program now, but we're coming back at 2:15 for the executive session. If you want to continue with some of the items. 90 January 10, 2002 Commissioner Teele: Mr. Chairman, may I just request that we go ahead and not take up anymore items, but the matter relating to the Police Department and Hattie Willis, and try to get this thing resolved? Ms. Willis is here. Vice Chairman Winton: Fine. Commissioner Tecle: And it's just on the discussion. Vice Chairman Winton: Yeah, let's do it. Commissioner Teele: And then maybe we could -- in that way, you know -- Vice Chairman Winton: Perfect, Commissioner Teele: What item is that? Is Shorty around? Is it 29? What was it? Carlos Gimenez (City Manager): We'll get the Fire Chief up. It's towards the end of the agenda. It's Item 29. Commissioner Teele: You sure it's 29? Oh, yeah. Y'all said Happy New Year to each other? Hattie Willis: Happy New Year. Chief Bryson: Happy New Year. We were becoming long-time friends. Chief Bryson, Chief of Fire Department. Commissioners, we were asked to come back with a procedure for complaint processing that gave an alternative to just ending it with myself We've attached that. It should be in your book, the policy on receiving complaints, logging them. We gave you an example of a log, statistically. We gave you what we've done over the past three years, and the new section is an appeal to the City Manager. It gives the Manager the right to take our complaint and have it reviewed by any entity within the City that he deems necessary, including, but not limited to the City Attorney, the Office of Professional Compliance, Human Resources, or any other City office or agency. They would then report back to the Manager and his decision would be final, based upon whether he felt it was handled in the right way or the wrong way, and that's pretty much it. Vice Chairman Winton: Commissioner Teele. Commissioner Teele: Mr. Chairman, thank you. Chief, were you able to discuss this informally with Ms. Willis and are you all of the same -- I mean, have we moved a little bit forward with our Community Relations on this? 91 January 10, 2002 Chief Bryson: Sir -- Commissioner Teele: Understanding and -- Chief Bryson: No, I have not discussed it at all with Ms. Willis because we still have the City Attorney's office reviewing the Willis complaint and they have to report back to you. It started 180 days. Now it's probably down to 120. I haven't had any contact, except through public records requests, et cetera, with Ms. Willis, and I was asked to report back to you with this, and I have. Commissioner Teele: Well, I mean -- and Ms. Willis -- if I may, Mr. Chairman? Ms. Willis, does this report meet your concerns that you've petitioned this body regarding? Ms. Willis: My name is Hattie Willis. I'm the President of Communities United. My address is 5510 Northwest 1st Avenue, Miami, Florida. Commissioner, I have two concerns. The questions that I would like for you to ask and answer: Number one is, how are -- who is going to be the person that takes care of the complaints from the community? Because I really don't feel like it is very good that the Fire Department would be the people that would take care of the complaints. When we were here in the beginning, the Chief stated, you know, and the City Manager -- I've been knowing this gentleman for 25 years. That makes my concern going back not to me, but making sure that the people in my community and of the City of Miami are treated fairly and justly. The Manager had spoke about finding a different route of maybe the complaints being handled -- he was supposed to get in touch with me about going to Professional Compliance. I think that's the office. I don't know what he determined because we -- he never got back with me, so I don't know. I haven't heard from the City Attorney, as far as concerning you asked them to take a sworn statement. No one has got in contact with me about that, and I really don't see where there is a great bit of difference, where it's brought about a change in the way things are going to be handled. I still think that you should involve the Fire Department with the Citizens Review Panel. I think you should ask an outside entity to investigate the problems that they've had. The Chief did state that they do have problems. So, therefore, I'm leaving it to your discretion to feel like how you think it should be handled, and the Commission, because I want to take me out of it personally. I had a personal encounter that was my encounter. I want to back off from that. I want now for what is to be done for the community to be at the best. And right now I just think that it's bias. It can't be done by the Fire Department when the complaint is brought through with a citizen. You have the complaints and report there for all the ones that they've had in the last three years, and none of those complaints have ever been made consideration by anyone. They were just, you know, put in a book. Commissioner Teele: Are you saying that no complaints were ever substantiated? Ms. Willis: Correct. They were -- you know, allegations not founded. You know, whatever was done. Mr. Williams' complaint disappeared. You know, the Chief has said there're problems. So, we're getting back to bashing of anyone of saying what is bad. Well, I'm coming to the Commission today is to make sure that no one in my community is ever treated in that mannerism again. And number one, there's a policy in place inside of the Fire Department that 92 January 10, 2002 gives citizens what we're supposed to get. You are the people that we hired to do the job, to take care of us and protect us. The Fire Department is supposed to come and take care of us. The Police Department does that. So, the Commission has to make that decision on what is wanted. And the people have the right to have fair treatment. So, I'm asking you to take it upon yourself to do what you think is best. I don't think what has been done is appropriate enough. Chief Bryson: Mr. Vice Chair, could I respond just a little bit? Vice Chairman Winton: Yes, please. Chief Bryson: First of all, we have a very good record with complaints. Obviously, you can read how many we have versus how many runs we have. We also have a very good record with getting to them quickly and eliminating the complaints by quick action. People want to hear from you. If they don't, just like Mr. Williams, which I stood up here and said, "We messed up, Mr. Williams' case." If they don't hear from you, of course they get irritated. To take the complaint process from the Fire Department would just cause more of that to happen. This process, what I have suggested to the Manager, does exactly what Ms. Willis wants. It puts somebody who is actually responsible to you to have to review what we've done and we're going to notify those people of the complaint process; that, if they're not happy, they have somewhere to go. Now, that's my boss. And if he's not happy with what -- he's getting complaint after complaint, that's a direct line to me, and he's going to be on my case. And people still have the right, just like Ms. Willis did, to come here. As you can see, we've had complaints since then. I like it when we get in touch with somebody within 24 hours of that complaint, personally, on the phone, and I like to follow it up -- and it says in our procedure -- within five days, with a letter acknowledging their complaint, and many times that's how we stop a complaint from going any further. So, I still stick by my recommendation. I think we're kind of jumping the gun because we have had a great record. I did admit -- and I want to thank you, Ms. Willis, for alerting us. We didn't have a good process with complaint tracking until Ms. Willis came forward. Now, we have a great one. I hear about every single complaint that's logged because it goes right here, and I'm the one responsible and that's the way it ought to be. Vice Chairman Winton: Chief, I apologize, because I had my back turned to you when you guys started this conversation. You said there's -- what's the process beyond you? Chief Bryson: After we are through at the department level, the citizen can go to the Manager if they're not satisfied with the complaint finalization, and the Manager can go to any agency he wants. And the reason it was designed that way is, some are legal issues that should be taken to the City Attorney. Some are Human Resource issues. Office of Professional Compliance is available for him to review the case and make a recommendation to him. At which point, his decision would be final and people could go on with other processes, just like Ms. Willis went to the Civil Service Board or here or wherever. Vice Chairman Winton: How is the person who is filing the complaint going to know he or she has that appeal option? Chief Bryson: We're going to notify them. 93 January 10, 2002 Vice Chairman Winton: How do you notify them? Chief Bryson: When we finalize their complaint -- first of all, when we get their complaint, we send them a letter that tells them we've logged their complaint, and it's being processed, and it's going to be followed up on. Secondly, when we conclude the complaint, we send them a letter, and it will say that we've resolved your complaint. The following actions have been taken. If you're not satisfied with this, you may appeal to the City Manager. And we'll have this process on the letterhead -- on the bottom of the letter. Vice Chairman Winton: I think that the two letters that you send, you probably ought to give samples of those letters to the Commission so we can look at them and comment about them because those letters and the message that's in them are really crucial. Chief Bryson: Yes, sir, I'll do that. Vice Chairman Winton: So, I'd appreciate that. Ms. Willis: Commissioner? Vice Chairman Winton: I'm sorry. Commissioner Teele or Commissioner Sanchez. Commissioner Sanchez: I think that that information should be provided in the first letter so they know their options right off the bat, not the second letter. Just a recommendation. Chief Bryson: Yes, sir, I'd be happy to do that too. Ms. Willis: Commissioner? Vice Chairman Winton: Commissioner Teele, Commissioner Teele: Yes, sir. I yield to Ms. Willis. Ms. Willis: Commissioner, I think what is happening is that my concern is being overlooked, and I understand and respect what the Chief is saying, but my concern is the bias. You understand what I'm saying? If the Fire Department is the one that is going out and investigating a complaint about another fire officer that has something to do with a citizen, that Fire Department is still now the Fire Department. It's a person that knows somebody or a friend of somebody who's worked with somebody, that knows the people that are there. That's not right. No other body does things like that. I'm not saying that it has to be a citizen or a person, but there're other entities inside of the City that can investigate that complaint. Now, once they investigate the complaint and take it back to the City Manager or the Chief and make the determination on what they want to do or what they found, now that is fair, even if it comes back in the -- saying that it's the Fire Department that was right and the citizen that was wrong. At least, that is fair. That is my concern. My concern -- go ahead. 94 January 10, 2002 C] Vice Chairman Winton: Ms. Willis, I don't happen to agree with you. Ms. Willis: OK. Vice Chairman Winton: And I'll tell you why. Probably 90 percent of the complaints -- and the Chief said and I've experienced it over and over and over again -- the first step in the complaint is somebody -- the person you're ticked off at. If that person comes back to you and apologizes or does whatever and has a dialogue with, most of the time you're done and it goes away. And what you're suggesting is to set up a whole new bureaucratic process -- Ms. Willis: No. Vice Chairman Winton: -- that really drives these complaints into a whole new world. What I like about what he's suggesting is that we are going to notify the person up front, letter one; remind them again, in the second letter, that if you're not satisfied with the results that come from the Fire Department, you have another vehicle to take, which is an appeal process that will not be handled by the Fire Department at all. And, so, the complaints -- the lion's share of complaints are going to get handled on the first phone call. They're going to just go away. But when it's a serious thing, like your situation, that doesn't get handled by a phone call -- or doesn't get handled by a phone call, and we notify that you have an appeal process here right from the get - go. Then that person that has the complaint can say right up front, I don't give a damn about the Fire Department. I don't care what they say. I'm so mad, I can't see straight. And I am going to take this to the appeal. I don't care what they say to me. But they have that right. They have it in notice and it will go to that new level, where the big, real problems ought to go and we don't turn every small problem into a big problem. So, I think the process, frankly, that he's designed from a logic standpoint, to me, sounds clean as it can be and won't set up a new bureaucracy to deal with the littlest of little complaints that, frankly, gets handled by a guy calling you up and saying, "Screwed up, sorry." Ms. Willis: Commissioner, can I respond to you? Vice Chairman Winton: Please. Ms. Willis: I sincerely hope and value your opinion and perspective, and you're absolutely right because I feel like that if someone were to call and apologize to me, I probably wouldn't even be standing here, but I think it was a bigger picture because we're getting change. But what I would ask for the Commission to do, respectfully, is to observe this issue for the next nine to ten months or a year, and come back and let them bring you back an evaluation of what they've done and the process, and then we will determine to see if it works. Vice Chairman Winton: Great idea. Commissioner Tecle: Uh -- Ms. Willis: Because I think that we -- I don't want to put a Band-Aid on anything. I want it to be a cure and we, in the City of Miami, have a good way of just putting Band-Aids on things. 95 January 10, 2002 We need to heal things. So, if you think that this would be good and the Commission agrees with you, let's follow up on this, and I would like to be notified when it comes back within the next ten months to a year, and if that's what you agree to do, then fine. I have no problem with that. But I would like to see change. And I also would like for the Chief to put something in there called community -- just relations. Just common sense community -- in other words, we do it in the Police Department. We call it Community Policing. You know, put "I'm sorry that this happened to you" in the letter. Make it look warm to the people, not just "You have this right." Vice Chairman Winton: Yeah, so just bureaucratic. Ms. Willis: You know, make people -- right. Make -- Chief Bryson: No. We do that, Ms. Willis. Ms. Willis: Oh, OK, Chief Bryson: We do that now. Ms. Willis: And that's all -- Chief Bryson: And then I'll be happy to do that, and I agree with what she's said. I'll be happy to come back in ten months to a year. Vice Chairman Winton: Mr. Chairman, Vice Chairman Winton: Yes, sir. Commissioner Teele. Commissioner Teele: Thank you. I'm encouraged, particularly by your comments and Ms. Willis' comments, because I take the position, one hundred percent, in support of the position you have articulated. As a person who served in the military, I would be hard-pressed not to feel that any uniformed organization, first and foremost, should not have a crack at addressing its own problems. That doesn't mean that it's a buddy boy system, but I think it would do a world of damage if the command structure couldn't even address their complaints. They didn't even know about complaints -- Chief Bryson: Yes, sir. Commissioner Teele: -- which hits worse. So, I appreciate the statement that you put on the record, Commissioner Winton, and want to support it. But I also think that there's a step a little bit in between where Ms. Willis is -- has gone now -- and I'm in support of that -- I think this debate and this discussion has been extremely helpful to me in educating me because I am more convinced than ever that the Civilian Independent Review Panel, the CIP, should have an oversight role in at least accumulating records, statistical records, because that's where you see patterns developing. It's through -- not the individual case, but the patterns of cases, and there is a role for a disinterested entity, without creating a new bureaucracy, to track complaints. Don't expect us to. That's not our job, and I don't think we should give you or anyone else the idea that 96 January 10, 2002 -- I mean, in this case, we're going to look at this for the next ten months, but what after that? I think every complaint that is filed should be filed by the department with the Civilian Independent Panel, just for the purpose of record keeping. Because my concern is, when you've got a process as informal as the Fire Department process has been for the last 10 or 20 or whatever years, who knows how many complaints are filed that don't ever get really addressed, you know. And we saw some of that. And I just think, just from a record keeping point of view, we need to look at and consider a role for the CIP in just record keeping and providing annual reports to us. We need to know statistically what's really going on, and whether that's through the professional board that exists today or the CIP, somebody disinterested ought to get copies of every complaint that is filed, and it shouldn't be the Commission and it shouldn't be the Manager, but it either should be the Professional Review Board or it should be the CIP. There should be an independent record keeping process of what happened -- who filed, what happened, in this. Not all of the -- who struck John in between, but statistically, what happened, because I want to know this. I want to know now how many appeals have ever been filed to the Manager. Because it's fine to say that this exists, but if, you know, we've had 50 appeals in the last year or if we've had one appeal in the last five years, I have a much different view as to what that really means, OK. So, I would very much like to know, Madam Manager, how many appeals, over the last whatever period of time, have been -- come from the Fire Department to the Manager, just statistically, how many have come and how many have been substantiated or not substantiated. What has been the outcome? Because, again, I believe that every citizen is entitled to know -- to due process, to know that they have an opportunity to make their complaint and they're treated fairly in accordance with our laws. And that's not to presume that they're not. So, I think we should take this under advisement, as Ms. Willis, is suggesting. I think that the City Attorney should take under advisement perhaps an enhanced role for the CTP in record keeping, statistical record keeping, that gives us an annual report of the Fire Department, the Police Department, the NET inspect -- Code Enforcement, because I think there's going to be more potential in the long- term if we don't really make consistent structure here in Code Enforcement than in Police and Fire combined. And I mean, I'm not -- I'm just one person saying -- thinking out loud about this, but I think your dilemma, your plight, as painful as it has been, has been very helpful to the Commission, in just understanding, particularly with the timing of the CIP, as to what are the kinds of issues we ought to be looking at. Ms. Willis: Commissioner, I just wanted to add one thing to what you're saying. I would like to put a challenge to the City Manager, as well. I would like for him -- because he said that he was going to have Professional Compliance do this -- and this is an entity within the City -- to evaluate the whole process of what the Fire Department is doing, and get them some help. Because I did some research and I did my homework. The County is far bigger than the City. They have less complaints. Last year, as a matter of fact of, they might have had maybe 10 to our 100. Something they're doing is good that we're not doing, and I'm not just saying you can go to Dade County. I think maybe it needs to be -- call major metropolitans, people in the same situation that we're in, and find out what they're doing that we're not doing, that's causing them to have less complaints from citizens, against the Fire Department, and find a structure for them because, apparently, what they've been doing for 20 years is not working, and that major concern is that they were the ones that restructured the policy. So, maybe not to go do it, but just to evaluate what they have -- what they've given you. 97 January 10, 2002 Commissioner Teele: I think that's a fair request, Mr. Chairman. And I -- Chief Bryson: Sir -- Commissioner Teele: Wait, wait, wait. I would move that the City of Miami professional -- that the Manager -- through the Manager's request, that the Professional Compliance Office review the existing procedure and to make comments and also to review or to -- and also to provide comparative data between Miami -Dade County and any other municipality of comparable jurisdiction -- a municipality of comparable jurisdiction, with comparable fire services on a statistical review or comparison. I am -- I would so move on that. Vice Chairman Winton: We have a motion. Commissioner Sanchez: Second. Vice Chairman Winton: Second. Commissioner Teele: I am not, in my assumption, Chief -- Chief, I am not assuming that Ms. Willis is right or wrong. Chief Bryson: Thank you. Vice Chairman Winton: Correct. Commissioner Teele: OK. And I -- you know, I know -- Vice Chairman Winton: Let the data -- Commissioner Teele: I don't want to get into a debate about Fire and the County and the City because I know, if you had a chance, you would strongly object to the records -- to the statistics; is that fair? Chief Bryson: Yes, sir. Commissioner Teele: OK. So, I'm not assuming she's right or wrong. Let's let them determine it and -- Vice Chairman Winton: Let's let the data speak for itself Commissioner Teele: Let let's let the data speak for itself Ms. Willis: Data speak for itself, exactly. Chief Bryson: And we have good data. Alejandro Vilarello (City Attorney): Commissioner? 98 January 10, 2002 Vice Chairman Winton: For itself. Mr. Vilarello: Mr. Chairman? Vice Chairman Winton: Yes, sir. Mr. Vilarello: That is the direction that the Commission's already given my office, but I would absolutely welcome Ms. Richardson's help in gathering the statistics. Vice Chairman Winton: Wonderful. Commissioner Teele: Then the motion would be amended to request that the City Attorney -- I think you're absolutely right. We did ask for the outside person, and you have not been in contact with Ms. Willis, according to Ms. Willis? Mr. Vilarello: Part of the process was to allow the process to go forward, to see how the procedures were in place, and for us to comment on the procedures and make recommendations. Commissioner Teele: After it was done. Mr. Vilarello: And the complaint process was going forward. I have an attorney assigned, Mr. Stephen Scott, and you're welcomed to have that contact. The contact was going to come after the process so that we could examine that. Ms. Willis: No. The Commissioner had asked for sworn statements from -- Vice Chairman Winton: We have a motion and a -- Ms. Willis: -- everybody that was involved in the complaint, and no one from your office never contacted me. That's in the Commission -- in the -- Mr. Vilarello: You are very carefully following your rights before the Civil Service Board. As those statements come forward at the Civil Service Board, those will be sworn statements. Ms. Willis: OK. Mr. Vilarello: And we're trying to allow the process to go forward. Ms. Willis: OK. I understand. Thank you. Vice Chairman Winton: We have a motion and a second. Any further discussion? Being none, all in favor "aye." The Commission (Collectively): Aye. 99 January 10, 2002 Vice Chairman Winton: Like sign, opposed. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 02-34 A MOTION DIRECTING THE CITY ATTORNEY TO REQUEST THE OFFICE OF PROFESSIONAL COMPLIANCE TO REVIEW EXISTING PROCEDURES, MAKE COMMENTS AND PROVIDE STATISTICAL COMPARATIVE DATA IN CONNECTION WITH COMPLAINTS FILED AGAINST THE FIRE -RESCUE DEPARTMENT FROM MIAMI-DADE COUNTY AND ANY OTHER MUNICIPALITY WHOSE FIRE -RESCUE JURISDICTION IS COMPARABLE TO THAT OF THE CITY OF MIAMI. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Commissioner Angel Gonzdlez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton NAYS: None ABSENT: Chairman Tomas Regalado Vice Chairman Winton: Commissioner Teele, I would like to voice a little different opinion on one point you made about whose responsibility it is to monitor complaints. I agree with your global view of this a hundred percent, but I guess I see it just a little differently in terms of who's ultimately responsible. I think that, from -- as the Board of Directors, we want to make sure that our staff is treating our customers the right way. So, the customers keep coming back, and they're satisfied, and they're happy and they keep making more investments in our City, and, so, - - and while the idea of having the CIF gather the data, I think is a pretty good idea, I would like to see the reports myself on some -- Commissioner Teele: That's what I'm saying. Gather the data and give us an annual report. Vice Chairman Winton: Yeah. Right. Commissioner Teele: But that report would come, not from the Fire Department or the Police Department -- Vice Chairman Winton: Right. Commissioner Teele: -- or the -- it would come from the CIP to us, as a statistical data collection 100 January 10, 2002 Vice Chairman Winton: Right. Commissioner Teele: -- and give us that overview. Vice Chairman Winton: And one last point, Chief. I think that, in terms of the data you're gathering, very specifically that brought this to a head, I would like to see your report quarterly, not wait 10 months. I'd like to see it every quarter, while we're getting this thing straightened out. Chief Bryson: I'll send it to your offices every quarter. Vice Chairman Winton: Thank you. Any other discussion on this matter? Then, it's 12:12. We said we're not going to take up any agenda items, so I guess we -- what do we do, we adjourn? We recess? Joel E. Maxwell (Assistant City Attorney): You're recessing until what time, 2:15? Vice Chairman Winton: Two fifteen? So be it. See y'all at 2:15. THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 12:11 P.M. AND RECONVENED AT 2:33 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION, FOUND TO BE PRESENT. 101 January 10, 2002 Chairman Regalado: (INAUDIBLE) agenda. Mr. city Attorney? And, by the way, do you have a conference room? No? You do? Can we do it in -- OK. No, because he fixed the office. I don't know if it's still there. Alejandro Vilarello (City Attorney): This is a statement to the Commission and the members of the public. Under the parameters of Florida Statutes 286.01 1(8), the person chairing the City Commission meeting will announce immediately after the meeting is reconvened that there is the commencement of an attorney/client session, closed to the public, for the purpose of discussing three pending litigation cases, The cases are Runnels versus the City of Miami, et al, U.S. District Court Case Number 00-2930, in front of Judge King; Alice Young versus the City of Miami, Case Number 99-2994, in front of Judge Jordan, and Wiltshire versus the City of Miami, et al, in the U.S. District Court for the Southern District of Florida, Case Number 99-1958, also before Judge Jordan, to which the City is presently a party. The closed -door session will begin at approximately 2:35 and conclude at approximately 3:35. The session will be attended by the members of the City Commission: Tomas Regalado, Angel Gonzalez, Joe Sanchez, Arthur Teele, Johnny Winton; the City Manager, Carlos Gimenez, and counsel for the City, Nina Brown and Michael Fertig from the law firm of Akerman Senterfitt. A certified court reporter will be present to ensure that the session is fully transcribed and a transcript will be made available to the public upon the conclusion of the above-cited cases. At the conclusion of the attorney/client session, the City Commission meeting will be reopened and the person chairing the Commission meeting will announce the termination of the attorney/client session. Any action that they take will be taken at the recommencement of the City Commission meeting. THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 2:35 P.M. AND RECONVENED AT 3:21 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT. Chairman Regalado: Close executive session. We now resume the regular agenda. Before we do that, I think that Vice Chair Winton has a resolution that needs to be discussed and voted on. Vice Chairman Winton: Yes, Mr. Chairman. I move the following resolution and that resolution would be coming from the Commission, that would direct our outside counsel to explore settlement options in the cases of Runnels versus City of Miami, Wiltshire versus City of Miami and Young versus City of Miami. And after negotiations, if there are recommendations for settlement the counsel has, they're directed to report back to the Commission for consideration and if appropriate, approval of those recommendations. In the event, however, that the settlement negotiations do not reach the stage where counsel believes it can make a recommendation for settlement, counsel is directed to prepare for and go forward with trials in each of these cases. So moved. Commissioner Teele: Second the motion, Mr. Chairman. Chairman Regalado: There is a motion and a second. All in favor signify by saying "aye." 102 January 10, 2002 The Commission (Collectively): Aye. Chairman Regalado: It passes Eve to zero. The following resolution was introduced by Vice Chairman Winton, who moved its adoption: RESOLUTION NO. 02-35 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE LAW FIRM OF AKERMAN, SENTERFITT & EDISON, P.A. TO NEGOTIATE SETTLEMENTS IN THE CASES OF (1) RUNNELS VS CITY, ET AL., U.S. DISTRICT COURT, CASE NO. 00 -2930 -CIV -KING; (2) ALICE YOUNG, ETC. VS. CITY OF MIAMI, ET AL., CASE NO. 99 -2994 -CIV -JORDAN; AND (3) WILTSHIRE VS, CITY OF MIAMI, ET AL., IN THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO. 99 -1958 -CIV - JORDAN; FURTHER DIRECTING THAT AFTER NEGOTIATIONS, COUNSEL IS TO REPORT RECOMMENDATIONS FOR SETTLEMENTS TO THE CITY COMMISSION, AN IN THE EVENT ANY OR ALL OF THE SETTLEMENTS CANNOT BE NEGOTIATED, COUNSEL IS TO PROCEED WITH TRIAL LITIGATION, AS APPROPRIATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 103 January 10, 2002 Chairman Regalado: Now, the regular agenda. We have people that are here for certain items. So we're going to take Item 18. Item 18 is a resolution authorizing the City Manager to execute a management agreement with Miami -Dade Community College for the management of the City -owned property located at 1508 Southwest 8t11 Street, the Tower Theater. Mr. Manager. Carlos Gimenez (City Manager): Yes, sir. Lori Billberry (Director, Asset Management): Lori Billberry, Director of Asset Management. The City conducted a competitive selection process, and in October, the Commission authorized the Manager to negotiate exclusively with Miami -Dade a management agreement for the management of the Tower Theater. This term would be for an initial term of five years, with one option to renew for a five-year period. Either party will have the right to terminate this agreement by providing -- excuse me -- 180 days notice. Miami -Dade will also be submitting to the City for its approval an annual plan which will outline the programs that they will be doing each year, and they will, 45 days prior to the commencement of each month, give a listing of the specific events that are calendared. They will also be giving us performance reviews periodically, so we can make sure that they are complying with the annual plan as approved. And they will be providing a variety of community services on a monthly basis, which events will be provided at no cost to the attendees. And these will include things such as tickets for students to attend events, programming for the elderly, as well as participating in the Cultural Fridays events. They will also be taking care of the maintenance, routine maintenance of the theater, and all janitorial services. There was some concern regarding capital improvements at the premises. Miami -Dade is a political subdivision of the State of Florida, and as such, cannot be spending their money on capital improvements at the premises. So the City will maintain that responsibility. However, they've agreed to assist us in grant writing and identifying grants to cover those expenditures. If you have any other questions? Chairman Regalado: Yeah. I think it's important to say, in my case, some things, although I think there are members of the public and also from the college that will be here, who will be addressing the Commission if they wish to do that. I understand that Mr. Simon wanted to say something on the matter. And I think -- and I said that this is a very good deal for the City, because the City was losing money. And the purpose of the Tower Theater is to bring people to Southwest 8th Street, and I think that they will do that. I think, also, that the fact that they were selected by a committee that was not chosen by the Commission, but by the Manager, and that we followed the Manager's recommendation, it's because we felt that the conditions that we placed on the college, only the college can handle from the economic point of view, because when we requested that events would be free and that no event would cost more than ten dollars ($10), we were leaving out many other entities that to make money and to do events would have had to charge for the tickets twenty or eighteen dollars ($18). So I am very supportive of this deal from the economic point of view. The other issue that I had was to have the City learn about the events, and that has been addressed, and that, as Lori mentioned, has been agreed by 104 January 10, 2002 the college. So we will know what events and when those events will take place. I think I am very satisfied with that. I have to say, though, that there are some people here that need to learn how to read, because I made some statement, and there was a brouhaha regarding those statements. And I was quoted exactly as I -- what I said in the press. And yet, some people or groups decided to take this in a different way. So I'm happy. I am looking forward to seeing many events in the Tower Theater. I think that it's going to be a good marriage, and we'll just be prepared in case that there are some events that will be colorful in this theater. So having said that, I think I would be very supportive of this. However, I think that Mr. Simon wanted to address. You said that you wanted to say something to the Commission. Said that this morning. Howard Simon: Well, Commissioner Regalado, my comments may not be necessary in light of what you just said. Chairman Regalado: Your name is? Mr. Simon: I'm sorry. My name is Howard Simon. I'm the Executive Director of the American Civil Liberties Union. I guess -- I'm sorry, I apologize. I walked in maybe in the middle of your comments, and I didn't understand whether or not the transfer of the theater to the college would or would not have a mandatory clause in it that would require the college to give prior notification to the City of the nature of any events that would take place at the theater. Chairman Regalado: It is in the contract that they have to advise the City of all events. Mr. Simon: It is or it isn't? Chairman Regalado: It is. It is in the contract. Is it in the contract, Lori? Ms. Billberry: Excuse me? I'm sorry. We do -- It is not currently written, but I have spoken with the college that they would provide us their calendar 45 days in advance. And the purpose is also a marketing, you know, to let people be aware of what is taking place there. Mr. Simon: I understand that, but why does that require notifying the City? I mean, you do marketing without notifying the City of the nature of events. Obviously, what we're concerned about is the informal pressure that the City might bring to bear on the college and the theater with regard to the nature of any events. I mean this is -- Chairman Regalado: Howard? What kind of pressure? Howard? Mr. Simon: I mean if -- Am I to interpret the remarks -- I'm sorry, because I walked in, in the middle of your comments. So you were saying you were misquoted? Chairman Regalado: I'm very happy. I don't know what's your problem. Vice Chairman Winton: Could I interrupt for one moment, please, Mr. Chairman? Chairman Regalado: Sure. 105 January 10, 2002 Vice Chairman Winton: Because I was here when Commissioner Regalado began his little presentation. I was not in Florida when this issue came up, and I got called by some media people -- I forget who now -- when I was in California. And they asked me some questions about this Tower Theater deal. And I hadn't read anything nor heard anything that Commissioner Regalado had said. And so my reaction was that I think it's absolutely appropriate for the college to give the City notice as to the kind of -- to whatever the events are that are going to be held at the Tower Theater, for a whole host of reasons. If I owned the Tower Theater, I would have a list of everything that's going to be going on there as the private owner. And I think government has the same right and responsibility. I did say, however, because the real question was: And if we provide that list, will the City then -- will -- There was a question about whether or not Commissioner Regalado was saying that the City would then potentially censor -- not censor, but not allow the college to move forward with whatever that event was. And so I said from my viewpoint, we have no business, whatsoever, getting involved in determining what can and cannot play, but we have every right in the world and every expectation in the world to know what is going to play, for a whole lot of reasons. Commissioner Regalado said just now that he is totally satisfied with what's going on here, and the only thing that was being requested was a schedule of events. He did not say nor even intimate that what --that in addition to that, he is going to be interested in looking at those events to determine whether or not those events were appropriate. He didn't say it. He didn't intimate it. He didn't suggest it. He just said we ought to have a list. Apparently, there's an agreement on that, and frankly, I think that's where we need to be. So I think that the brouhaha that he stated earlier was about that, and I think there is no brouhaha here. Mr. Simon: I'd like to ask a question of Commissioner Sanchez, because I was very appreciative of the comments that he had indicated in the press, and indicated whether or not this satisfied the concerns that you had expressed. Commissioner Sanchez: It does meet the concerns that I have. Let me just say that on the matter that itself, I do feel that I agree with Commissioner Winton and Regalado that we should, as the owner of the property should be notified of programs that are coming. That's all basically we want to know, is what programs are coming to our community, just in case if there may be a program, whichever program it may be, at least we know what's going on. And if there's something that may be controversial in any way, then we would be prepared, as the City would be prepared. But in no way was this intended to be taken in any form as a censorship, which I will not support. And I've made it very clear, when it comes to the arts and culture, especially an institution of education, government does not have the right to censor. What may be offensive to one person may not be offensive to another person. Where one's rights end, it starts for another person. And we have to understand that as a community. What I think that was maybe taken out of proportion or misunderstood in the process was what Commissioner Regalado stated at first was that we do live in a very sensitive community, a community that in the past, wounds have been open. And I think that the City of Miami and Miami -Dade Community College, are not in the intent to open up any wounds, but to heal these wounds. And, you know, I would like to say a few words afterwards, because it is in my district. And I consider this one of the best things that has ever happened to the Tower, besides being renovated and opened. And I would state some additional statements that I would like to say after this discussion is finished. 106 January 10, 2002 0 Mr. Simon: Let me say I'm also here with our South Florida staff counsel, Rosalyn Matos. But I'm somewhat still concerned, because what is the -- What we're obviously concerned about is what the practical effect of notice is, because I'm sure you understand, we understand, everybody understands that there is no possible way that the City could prohibit the showing of a particular film there. We all understand that's the kind of censorship that we're talking about. That's pretty clear. Commissioner Sanchez: And let me make it very clear from my perspective here. I have no intent to stop any performance that wants to go there. Mr. Simon: Mm-hmm. Commissioner Sanchez: OK? But we need to be prepared if they're going to perform an event there that may be controversial. Not that Miami -Dade Community College is going to do it, but if it does happen, in any way, we have an obligation to also protect the citizens. And if there's going to be an incident that may harm someone, then we have a responsibility to have law enforcement there ready, because, hey, listen. You could show whatever you want there. If I don't agree with it, I just won't go to it. Mr. Simon. No, I understand. Commissioner Sanchez: But I also have the right to protest outside if I wanted to. Mr. Simon: Of course, obviously. We would be there, as we were during the Latin Grammics, trying to -- when the Latin Grammies were scheduled -- to defend, as the City Manager knows, to defend the rights of those people who want to demonstrate. But who does the notification go to? Because the concern that you're raising, Commissioner Sanchez, is an appropriate notification to the police -- Commissioner Sanchez: No, it doesn't. Mr. Simon: -- if people want to request a permit to conduct a demonstration in front of the theater. Commissioner Sanchez. Well, it could go to the City Manager's office or it could go to the police. It doesn't matter to me where it goes. Mr. Simon: Well, no, but I think it does matter. Why is the involvement of the elected political officials giving prior notice of an event necessary, when, if any prior notice is necessary, it's necessary to give to the police by those people who are planning a demonstration? Vice Chairman Winton: Well, Howard, I think that you are judging us guilty before anything happens here. So, you know, you're jumping to a giant conclusion, based on some real good history. So I don't necessarily blame you. There's some real good, sound history in this City for that kind of behavior. 107 January 10, 2002 Mr. Simon: Right. i Vice Chairman Winton: But I would also tell you that I think this is a very different day. And I would also encourage you to keep your eyes and ears open. And if we misbehave, you know, there's things that you can do to help get us back in line. But I think that -- Commissioner Teele: Then Johnny, you know what? I haven't been on this issue, because I think the issue has really gotten off track, really. But if everybody wants to come clean -- because I think we're all talking around something. There's a lot of "BS" going on right now. Then put it in the contract. Put what you're about to say in the contract, that if the City misbehaves, then they shall have the right for damages against the City, if you feel that way, because that's what I believe. Vice Chairman Winton: No, I don't -- Commissioner Teele; Because I'm telling you that this City is prepared to misbehave tomorrow if the right or the wrong social or political expression is in that theater. And it won't be anything you can do, and it won't be anything I can do, and it won't be anything that any other Commissioners can do. Because you know what's going to happen? There's going to be a call. The Manager is going to move the Chief. The Chief is going to fire a major, if necessary, or demote a lieutenant, if necessary, and before long, it will all play out, and we'll all be the victims. We will be the victims, and we'll say, "But the City wouldn't do that." You know and I know. And in this regard, I'm prepared to support Commissioner Regalado's promise, which may sound like a flip, that I am not prepared to see any for-profit or not-for-profit activities go on in that theater that doesn't get the City's permission. But anything that goes on in that theater that is done by Miami -Dade Community College should be not only deferred, it should be guarded with the full protections of the Constitution of First Amendment and academic freedom for which this country is built on. I wouldn't care if they bring the man, himself, in a fatigue uniform there, because we're not -- We're either for freedom or we're not for freedom. And in the context of an academic expression, in the context of freedom, you can't have it halfway. And this idea of giving notice, Johnny, if you owned a building to me -- and you leased it to me, you wouldn't require me to give you notice of what man or woman is coming to my office to meet with me, or what other activity. That's just not a normal commercial clause. It's not a normal commercial clause. So let's be candid. I have no problems with what Commissioner Regalado is saying on -- totally on the other end. And i may upset half of the people in this room. I totally support Commissioner Regalado's concern, Howard, that a venue of the City should not be used to divide this City if the City doesn't choose to allow it to be used that way. And I think we have that right. Vice Chairman Winton: What does that mean? Commissioner Teele: I think we have that right as a landlord to say that if Joe Blow wants to bring some band here that is a part of the propaganda machinery of the guy in the uniform, we have the right to say we don't want that band to play there. But if Miami -Dade Community College wants that band to play, we have no rights to say a thing, And I think we should have 108 January 10, 2002 the right to ensure that if they're using the venue for subcontracting activities for promoters, for different groups -- and that's what the Van Van was about. I mean, you know, we have the -- We, as the governmental institution have a right not to make our venues available in every case for a for profit, if it is going to divide this community. But I don't think we have that right when it comes to academic freedom, because I think that's a right, right up there with the right of the press. And you either have a free press, or you don't have a free press. And if the Miami Herald's has got to get our permission to, or give us notice if they're going to bring somebody here -- If they want to bring someone to the Miami Herald for an editorial interview, do they have to give us notice? Even though there may be 20,000, or in that case, if the guy in uniform came, it would be 400,000 people outside the door. So we're really talking around this issue. This problem is a problem, Johnny, because of the one thing you said. We do have a history. And you know and I know that it happens through the elected officials, whether it be Commissioners or the Mayor, and it goes to the Manager, and from there -- And that's where we need to be saying. Mr. Manager, are you going to give us assurance that you're not going to insist that -- And I don't mean this to you, personally. But I'm just saying that's where the problem is, Johnny. And it happens. You've seen it happen. I've seen it happen. Chairman Regalado: Commissioner, can I -- Commissioner Teele: Latin Grammies is an example -- Chairman Regalado: Can I -- can I -- Commissioner Teele: -- where an agreement had been made, and then the Mayor decided-- not Mayor Diaz, but a Mayor decided that it wasn't good enough, and everything got redone. Chairman Regalado: Can I say something, just briefly? The concerns that Mr. Simon has may be legitimate, but the problem is that this is the standard procedure from the City. We have a management company in the Knight Center, and we get, and the Manager, in advance, all the events that are going to take place in the Knight Center, with plenty of notice. The Miami Arena has a management agreement, and we get, by mail and by fax, all the events that are being held there, prior notice. I don't -- But I tell you what, I think that we need to give assurances. Well, we should include in the contract that the City has no power to ban any event -- Mr. Simon: That's what I would suggest. That's correct. Chairman Regalado: -- in the Tower Theater. Mr. Simon: Thank you, Commissioner Regalado. That's what I was going to suggest. I agree -- Chairman Regalado: I mean -- Mr. Simon: Exactly. Chairman Regalado: You know, if that is the case that is the case. 109 January 10, 2002 • Mr. Simon: Right. Chairman Regalado: The City has no power to ban an event. Any -- Vice Chairman Winton: So move. Commissioner Teele: Second. Mr. Simon: Right. Let me -- Can I just say -- Vice Chairman Winton: Yes. • Mr. Simon: Museums and universities are different. That's why there has been federal litigation that we have been involved in when the Mayor of New York tried to ban what was taking place in a museum in Brooklyn. That's why we had to go to federal court here in Miami when there was an effort to try to ban what was displayed in the Cuban Museum several years ago. Universities and museums are different. And I appreciate the successful efforts of Commissioner Teele to make this a more candid discussion. And if we're going to make it a more candid discussion and we're going to make the contract reflect the First Amendment values of this community, then there ought to be specific language in the contract that indicates that if prior notice is given, no City official plays any role in approving or disapproving what is shown in that theater. Chairman Regalado: No, no, no. Let me tell you, I have the right to go on the radio and criticize. So are you going to prohibit me from my freedom of my expression? Mr. Simon: I -- I -- Commissioner Teele: He said -- Chairman Regalado: I understand what he's saying. I understand. But now -- Commissioner Teelc: He said no official Commission action. Chairman Regalado: Exactly. Commissioner Teele: Government action, but not personal. Chairman Regalado: Government action, but not personal. I have the right to criticize in the media. But -- Mr. Simon: Commissioner, I couldn't silence you even if I wanted to. Chairman Regalado: Look, Mr. Simon, I said let's put that the City -- the City is the Commission, the Manager, the Asset Management, Dena, the Mayor, the Chief of Police, whoever. The City is the City. 110 January 10, 2002 Mr. Simon: Right. Chairman Regalado; The City should not have the power to ban or prohibit any events in the theater. Mr. Simon: I agree with you. I think Commissioner Winton put his finger on the whole problem. There is a history here, and the history is that we have to make sure we come out of this representing, defending, protecting the First Amendment rights of people on both sides. That college and that theater should be able to show whatever it is that they want to show. And those people who don't like what they want to show have the right to protest what they are showing. And we have to give specific assurance in that contract that no official action of the City shall influence what is shown or what is not shown in that theater. Commissioner Teele: But as far as I'm concerned, Howard, I'm with you up to the point that it's shown by the university. Mr. Simon: Right. Commissioner Teele: It's shown by the university. Mr. Simon: Oh, right. If you own the theater, it's different. Commissioner Teele: Let me tell you, if they want to -- no. If they want to contract out -- Mr. Gimenez: We do own the theater. Commissioner Teele: -- with Joe Blow and the Whistleblowers or something, that's a different matter. Mr. Simon: Right. I understand. Chairman Regalado: No, but I think that they're going to do their own events. I don't know. I would hope that the college do their own thing. Mr. Simon: Look, we are all united in opposing censorship. What we're worried about, given -- Chairman Regalado: I just want to find out, Howard -- Mr. Simon: -- given the history. Let me just finish this point. Chairman Regalado: Sure. Mr. Simon: Given the history, what we want assurance about is that the practical effect of advance notice is not some kind of organized informal effort to bring about censorship. You can accomplish that by putting something in the contract to give that assurance. ill January 10, 2002 Chairman Regalado: So we don't have to tell the people from the Knight Center not to tell us about the other events, or the Miami Arena. I mean, you are comfortable. You don't have any problems with this. Vice Chairman Winton. Yes, I think he is. I mean, we're all saying the same thing now. So let's get a resolution on the table -- Chairman Regalado: No, but what I'm saying is -- what I'm saying is, I'm just -- you know, it's the standard procedure. Mr. Gimenez: Mr. Chairman, Mr. Chair, there is a very good reason why we get notified of all these events in all of our venues. It's because the City has the use of those events -- of those venues. And we want to make sure that when we schedule things in those venues that we're not conflicting with a scheduled event from the operators there. That's the reason why we get notified of all these events in advance. Vice Chairman Winton: OK. Let's get a resolution on the table and get on with this. Chairman Regalado: OIC. Commissioner Sanchez: So move, Mr. Chairman. Chairman Regalado: I just -- Commissioner Sanchez wants to say something. I just wanted to -- Mr. Simon, just one -- Mr. Simon: I'm sorry, sir. Chairman Regalado: Just one question. You know, I can't help it. But why? Why did you think that I was trying to ban? Mr. Simon: I don't think I said that I thought you were trying to ban. Chairman Regalado: Lida, your President, Lida said that, you know, this is a blow to First Amendment or something like that. That's what she was quoted in the Herald. Mr. Simon: I don't think this was aimed at you, Commissioner. Don't, please, don't personalize it. What we were concerned about is in this community, given the history, what would be the practical effect of advance notice of what could be a controversial event? In this community, that has only one effect. Chairman Regalado: OK. Commissioner Sanchez: It's been cleared, Mr. Chairman. There's a motion and a second. Chairman Regalado: You want to say something? 112 January 10, 2002 Commissioner Sanchez: Yes, I do. This -- I don't think that Miami -Dade Community College benefits from this. I don't think that the City also benefits from this. I think that the true benefits are the residents of Miami. I've looked at the contract myself, and although there was some talk about being the five hundred dollars ($500), people didn't take into consideration what a saving it is to the City and the service that it's going to provide to the City, where I think that the people that are going to benefit from this are our students in surrounding schools and institutions that are going to benefit from this. The Tower has always been a community theater. And under this agreement, it continues to be a community theater. The elderly will have events there that will be there. Most of the contracts -- I mean most of the events are totally free to the community. We have taken an area that was economically flat -lined through the arts and cultural, and we have turned it around. And I think that Miami -Dade being there and running the theater would take 8th Street to another level. So I've reviewed the contract. I feel extremely comfortable. And as the Commissioner for the district, I would ask my colleagues to please vote in favor of this contract. So move. Chairman Regalado: OK. There is a motion and -- Commissioner Sanchez: As amended. Chairman Regalado: As amended. There is a motion and a second. Would anybody from the college want to say something? Mr. Vicente? Vice Chairman Winton: But there's a motion to -- Chairman Regalado: To approve -- Vice Chairman Winton: -- to put a new clause. No. There's a motion to put a clause in the contract. Chairman Regalado: As amended. As amended. Vice Chairman Winton: Right. Chairman Regalado: As amended. Vice Chairman Winton: That says -- Chairman Regalado: The City -- Vice Chairman Winton: The City -- Chairman Regalado: -- does not have the power to ban any, or prohibit, or -- any event in the Tower Theater. Vice Chairman Winton: Right. 113 January 10, 2002 Jose Vicente: Good afternoon. I'm Jose Vicente, President of the Inter -American Campus, and on behalf of Miami -Dade Community College, we're looking forward to the opportunity of this partnership with the City of Miami. I think it would be a win/win situation for both entities, and more importantly, for our community at large. We are pleased with the terms in the mode that they have been described. As a matter of fact, as a standard practice, the college does provide a calendar, and we have to develop a calendar of events in terms of all of the events that we present. And obviously, the theater will be treated in the same mode as we do with the rest of the campuses. Chairman Regalado: Thank you, sir. Vice Chairman Winton: Mr. Chairman. Chairman Regalado: Yes, sir. Vice Chairman Winton: And this message might be for the community college. I know that the New York Times had a real interest in this article, and they were prepared to make more phone calls down here today, Pm sure, so that they could put in the New York Times tomorrow morning that the City of Miami is back to censorship. I hope that the college and anyone else in this community who gets a call from the New York Times today can convince them that they need to write a story about this anyhow, and that is that -- Chairman Regalado: No, they won't. No, they won't. Vice Chairman Winton: -- that thanks to Commissioner Teele's leadership, not only -- Chairman Regalado: Good news -- listen -- Vice Chairman Winton: -- not only are we not censoring, but we've put in the contract the statement, absolutely in the contract, that we, from a City standpoint, will have no say, one way or the other about the content that's going to be played in Tower Theater. Chairman Regalado: Good news don't get published. Vice Chairman Winton: I know, but I couldn't resist saying it. Mr. Simon: Thank you. Chairman Regalado: Well, anyway, all in favor -- Commissioner Teele: Mr. Chairman, before you -- Chairman Regalado: Yes, sir. Commissioner Teele: There was one issue that is the flip side of the controversy, and that is Miami -Dade has an excellent history in its outreach into all of the communities. Mr. President, I 114 January 10, 2002 really hope -- This is a beautiful venue, and it's a unique venue, and it's really, I think, a complement to the institution, as well as to the City that we've been able to form this sort of marriage or this relationship to make this venue more accessible to the public. The only thing that I would ask if that there would be an effort to outreach into the African-American and Anglo communities, and to try to do programming that reaches and could very well be a statement of what it is we're trying to be in this community, which is inclusive. And -- inclusive. Mr. Vicente: Commissioner Teele, you are absolutely correct. And as part of our programming As a matter of fact, we recently received this summer even a major grant from the Knight Foundation, in which we are already working and have it as part of the programming, to be able to have interchanges, as far as cultural interchanges and presentations from the Lyric Theater to the Tower Theater and vice -versa. So, indeed, we want to be as inclusive -- I think it is imperative that we would expose all segments of our communities to all segments of the arts. Commissioner Teele: Well, on that point -- and I won't belabor this -- the City has built its first cultural venue, and I'm very proud that it's in Liberty City. It hasn't even been opened yet. It has a black box theater. It's the only black box theater that the City has in its inventory right now. And that is under the Parks Department. I would just encourage you to work with our Parks staff. And I really think a very nice exchange could be developed as the programming comes in place in Liberty City where the kids could practice there in the black box, and maybe do some of the presentations at the Tower Theater and that kind -- These are both community theaters, and I think it's the kind of dialogue and exchange that could foster. Mr. Vicente: You can rest assured. As a matter of fact, this entire effort has had other ramifications, even in terms of our institution making sure that all schools of arts and letters work cooperatively, as well as the New World School of the Arts in this particular effort, reaching out to the communities, and making sure that we are consistent in our programming. Chairman Regalado: OK. All in favor signify by saying "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes five to zero. 115 January 10, 2002 The following resolution was introduced by Commissioner Winton, who moved for its adoption: RESOLUTION NO. 02-36 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE A MANAGEMENT AGREEMENT (THE "AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI DADE COMMUNITY COLLEGE, FOR THE MANAGEMENT OF THE CITY -OWNED PROPERTY LOCATED AT 1508 SOUTHWEST 8TH STREET, MIAMI, FLORIDA, A/K/A TOWER THEATER, FOR A PERIOD OF FIVE YEARS, WITH AN OPTION TO EXTEND THE AGREEMENT FOR AN ADDITIONAL FIVE-YEAR PERIOD, PROVIDING FOR AN ANNUAL FEE OF $500 AND UNDER THE TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS; None ABSENT: None Chairman Regalado: Yes, sir. Commissioner Teele: Mr. Chairman, I want to publicly apologize to you on this issue. The press called me. I was out of town. I did make statements that spoke of academic freedom, which I fully stand behind and support. But, you know, the sunshine law doesn't allow me to call you and ask you what did you say. And sometimes, these things have a way of creating an energy, and maybe even a point of disunity. And I certainly wanted to apologize for not being able to express my support for what it is you're trying to do; that is, to keep the community together. And I think this discussion that we've had today is one of the more meaningful discussions, clear discussions that I've had, even serving on the County Commission. I think one of the things, Howard, that we keep doing is we keep pushing everything under the rug. And we need to try to engage government to be a little bit more honest, and to deal with this, because I do think what has come out of this is a tremendous win for the community, and a tremendous win for academic freedom, and, indeed, for our community. So I want to just commend you, Mr. Chairman, for bringing this discussion to the forefront. 116 January 10, 2002 • • Chairman Regalado: Well, thank you very much. And I have no complaint, whatsoever, about the press. They quoted me exactly, and I mean, you know, I think it's a public issue. I think it should be debated. And hopefully, we have a good relationship, and whenever we feel that some things need to be addressed, we will do it. I'm not sorry for what I said or what I did. I think it's my role. I don't mind controversy. I think it's important that we clarify those issues. And I really thank you. Commissioner Sanchez: It's a healthy and respectable debate. Commissioner Teele: Mr. Chairman, as a statement of -- a public statement of our unity on this, I would like to ask your permission to invite the President of the college to come forth and to accept our individual congratulations for his effort. Chairman Regalado: Absolutely. Absolutely. (APPLAUSE) 117 January 10, 2002 Chairman Regalado: Item -- we're back to Item 2. Yes. (INAUDIBLE COMMENT) Vice Chairman Winton: So moved. Chairman Regalado: It's a resolution. It needs a four-fifths vote from the City Commission. Vice Chairman Winton: So moved. Chairman Regalado: Moved by Vice Chair -- Commissioner Gonzalez: Second. Chairman Regalado: -- Winton. Second by Commissioner Gonzalez. All in favor say -- you need time, Commissioner Teele? Vice Chairman Winton: "Aye." Chairman Regalado: You need time? Commissioner Sanchez: It's a grant. Chairman Regalado: No. OK. All in favor say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes, Madam City Clerk, five to zero. 118 January 10, 2002 The following resolution was introduced by Vice Chairman Winton, who moved its adoption: RESOLUTION NO. 02-37 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH ECIVIS, LLC, SOLE SOURCE PROVIDER, FOR THE ACQUISITION OF INTERNET ACCESS TO THE GRANTS LOCATOR SOFTWARE AND DATABASES FOR THE DEPARTMENT OF MANAGEMENT AND BUDGET, FOR A PERIOD OF ONE YEAR, WITH THE OPTION TO RENEW FOR THREE ADDITIONAL ONE-YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $20,000; ALLOCATING FUNDS FROM NON - DEPARTMENTAL ACCOUNTS, ACCOUNT CODE NO. 001000.921002.6.270. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 119 January 10, 2002 Chairman Regalado: Item 3 is a resolution. Commissioner Teele: So moved, Mr. Chairman. Vice Chairman Winton: Second. Chairman Regalado: Four-fifths vote. It's moved and second. All in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Teeie, who moved its adoption: RESOLUTION NO. 02-38 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING THAT COMPETITIVE BIDDING PROCEDURES WOULD NOT BE PRACTICABLE OR ADVANTAGEOUS, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PROCUREMENT OF CHLORINATING BRIQUETTE TABLETS FOR THE DEPARTMENT OF PARKS AND RECREATION FROM COMMERCIAL ENERGY SPECIALISTS, INC. IN AN ANNUAL AMOUNT NOT TO EXCEED $32,000; ALLOCATING FUNDS FROM PARKS AND RECREATION GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.580301.6.704, 120 January 10, 2002 • (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 121 January 10, 2002 LI Chairman Regalado: Item 4, a resolution, four-fifths vote. Vice Chairman Winton: So moved. Commissioner Teele: So moved, Mr. -- Vice Chairman Winton: Second. Chairman Regalado: It's been moved and second by Commissioner Teele and Commissioner Winton. All in favor say "aye," The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 02-39 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND ACCEPTING THE OCTOBER 12, 2001 BID OF T.J. PAVEMENT CORPORATION, THE LOWEST, RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROJECT ENTITLED "CITYWIDE LOCAL DRAINAGE PROJECT E-76, B-5647", IN THE REVISED AMOUNT OF $381,846; ALLOCATING FUNDS FROM PROJECT NO. 352231, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCES, AS AMENDED, IN THE AMOUNT OF $381,846 FOR THE CONTRACT COSTS AND $50,354 FOR EXPENSES, FOR AN ESTIMATED TOTAL COST OF $432,200; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 122 January 10, 2002 • • (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 123 January 10, 2002 28. BRIEF DISCUSSION OF PROPOSED WAIVER Off' SEALED ;BID PROCEDURE AND ACCEPTANCE OF PINO KAOBA & ASSOCIATES, INC., FOR PRWECT' ENTITLED. "MANUEL ARTIME COMMUNITY CENTER INTERIOR IMPROVEMENTS, B'-6399 (See #1), Chairman Regalado: Item 5 has been deferred. Item 6 is a resolution -- Commissioner Sanchez: No. Wait. Chairman Regalado: Four-fifths vote -- Commissioner Sanchez: Mr, Chairman, Item 5 will be brought back at the next Commission meeting? Chairman Regalado: I'm sorry. Carlos Gimenez (City Manager): Hopefully, we can. We're going to be identifying the funding source. That's the problem with it, as it is right now. Commissioner Sanchez: How many times has this item been defetTed? This is the first time? Mr. Gimenez: It's the first time. Commissioner Sanchez: All right. 124 January 10, 2002 • Chairman Regalado: OK. Item 6. Commissioner Sanchez: Move. Vice Chairman Winton: Second. Chairman Regalado: It's a move it's been moved and a second. Four-fifths vote. All in favor say "aye " The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 02-40 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING THAT COMPETITIVE NEGOTIATION PROCEDURES ARE NOT PRACTICAL OR ADVANTAGEOUS FOR THE ACQUISITION OF PROFESSIONAL SERVICES FOR THE MANAGEMENT OF APPROXIMATELY 1.14 ACRES OF CITY -OWNED PROPERTY ON VIRGINIA KEY LOCATED AT 3601 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, FROM BARRY UNIVERSITY, INC., AUTHORIZING THE CITY MANAGER TO EXECUTE A MANAGEMENT AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH BARRY UNIVERSITY, INC. (THE "PROVIDER"), TO PROVIDE FOR (1) A TERM THAT COMMENCES ON JULY 1, 2001 AND EXPIRES ON DECEMBER 31, 2003, WITH AN OPTION TO EXTEND FOR ONE ADDITIONAL THREE-YEAR TERM, SUBJECT TO THE MUTUAL CONSENT OF THE PARTIES; (2) THE PROVIDER TO PAY A FEE OF $500 PER MONTH, PLUS STATE USE TAX, IF APPLICABLE; (3) THE AGREEMENTS WITH SERVICE PROVIDERS FOR THE PURPOSE OF OPERATING AND MAINTAINING WATER RECREATIONAL AND EDUCATIONAL OPPORTUNITIES; AND (4) THE PROVIDER TO REQUIRE EACH SERVICE PROVIDER TO PAY TO PROVIDER 12% OF ITS GROSS REVENUES ("MONTHLY PERCENTAGE FEE"), WHICH PERCENTAGE FEE SHALL BE SPLIT 50150 BETWEEN THE CITY AND THE PROVIDER, WITH TERMS AN CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. 125 January 10, 2002 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the following vote: AYES; Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 126 January 10, 2002 • 0 Chairman Regalado: Six -A has already been done. Item 7, emergency ordinance, four-fifths vote. Animals and parade. There is -- this is about restricting animals at parades. Is the ACLU (Americans Civil Liberties Union) here? Unidentified Speaker: No, no, no. Don't, please. Commissioner Gonzalez: They'll probably oppose it. Commissioner Sanchez: No. But Johnny Winton is -- Vice Chairman Winton: Simon, where are you? Come back here. Commissioner Gonzalez: Make sure you're not infringing. Chairman Regalado: We need somebody to defend the animals -- Vice Chairman Winton: Boa constrictors. Chairman Regalado: -- that Rollason wants to restrict. Frank Rollason (Director, Building & Zoning): Constrict the constrictors. Restrict the constrictors. Vice Chairman Winton: I thought seeing boa constrictors hanging around some people's necks - Mr. Rollason: Careful. Vice Chairman Winton: -- out there was interesting. Chairman Regalado: Be careful with what you say. Vice Chairman Winton: I was trying to. Chairman Regalado: Listen. Commissioner Sanchez: Is there a motion? Chairman Regalado: It's about the animals. I don't know what this is. 127 January 10, 2002 • 0 Vice Chairman Winton: Well, I'll move it for the sake of discussion. Because I'm not sure I understand it completely. Chairman Regalado: OK. It's been moved. Anybody -- Commissioner GonzAlez: Second. Chairman Regalado: Second. For discussion. Commissioner Sanchez: Discussion, Mr. Chairman. Chairman Regalado: Commissioner Sanchez. Commissioner Sanchez: You know, I tend to enjoy watching people in Festivals and certain events walking their dogs, as long as their dogs aren't biting anybody. And -- well, no. But, I mean, hear what you're basically saying on this ordinance is -- I mean, basically keeping, harboring, maintaining or possessing animals at parades. I mean, they're specifically -- dogs aren't allowed, right? You couldn't be walking a dog. I mean, be more specific. What are the -- I mean, of course I wouldn't show up with a tiger to a parade. Is that exotic animals? I mean -- Mr. Rollason: Frank Rollason, Assistant City Manager. This came about, as Commissioner Winton may remember, about a year ago when we sat down with the Arts Festival people to try to solve their problems out here in the park, and one of the issues they brought up is, they were having problems with exotic animals and large dogs at the festival that, when they tried to have them removed, there was no mechanism that the Police Department could enforce to ask these people to leave. We have no rule that says you can't be there with a Rottweiler or whatever. So, we put this together for that purpose, with the intent that when there's a problem, there is a mechanism that the officers can use to have these people evicted or have the animal removed from the -- Commissioner Sanchez: I understand. But -- Mr. Rollason: That's the purpose of that. Commissioner Sanchez: Are we saying an animal that maybe causing havoc or -- Mr. Rollason: Right. Something that's causing a problem, is where --like most rules, that's when it gets to the vote -- Vice Chairman Winton: But isn't that a public nuisance? 1 mean, can't you enforce some public nuisance -- Commissioner Sanchez: I don't -- Johnny -- Carlos Gimenaz (City Manager): But this -- 128 January 10, 2002 • 0 Commissioner Sanchez: Excuse me. Mr. Gimenez: The only way to get to that is by saying you can't have any animals. Commissioner Sanchez: Excuse me. Well, that's where I don't want to get to. I mean, everybody has the right to bring their dogs to the Coconut Grove Arts Festival, as long as their dogs aren't biting anybody. So, if you put this ordinance out -- you know, I would like to maybe amend that dogs could be brought in. But when you start saying animals, in general, then you -- you know, hey, a guy with a boa constrictor around his neck or whatever, doesn't bother me, OK. Somebody walking their dog in a parade or going down a -- you know, I truly enjoy the Arts Festival. I hang out for about two days here and I go down to Peacock and enjoy the music and stuff. Why wouldn't I want to take my dog out there and play Frisbee? I mean, does this ordinance prevent me from bringing my dog? Alejandro Vilarello (City Attorney): Commissioner, this ordinance prohibits you from bringing your dog, your horse, your snake, your parrot, your animal -- Commissioner Sanchez: Well, I'm telling you, I couldn't support it. Mr. Vilarello: -- to a parade, a procession or a festival. Commissioner Sanchez: Well, I'm telling you, I won't support this. Vice Chairman Winton: You know, this -- it's hard to support. I mean, there's got to be some other mechanism for it. You know, this is one of those things where government, you know, does it all. You know, there's a few jerks that do something bad and in order to get at the jerk, we've got to punish the whole world. Commissioner Gonzalez: Right. Vice Chairman Winton: And, you know, there's got to be a better way to do this, other than punish the whole world, because you've got some jerks. So, we need to go back to the drawing board to figure out how we can smack the jerks and let the good guys have fun. Commissioner Sanchez: Well, Johnny, there's a motion and a second. I think the votes are here to make sure this doesn't come back. Commissioner Gonzalez: Commissioner Winton, that was exactly -- that was going to be exactly my point of view. You know that because a group of people doesn't like animals, we can't go out and condemn everybody that has -- that likes animals. Hey, you cannot walk your dog and you cannot do this because this person -- we were talking a few minutes ago. We had a discussion for an hour about civic liberty -- civil liberties and rights and so on. It took us an hour to decide what we're going to do with the Theater, OK. And now we're infringing on some other people's right to walk -- Commissioner Sanchez likes horses. I mean, you know, I don't like horses, but I like dogs. And there might be someone in the audience that likes cats, you know. And because you don't like animals, we're going to condemn everybody else not to have animals 129 January 10, 2002 or not to walk with dogs or -- you know, hey, if you want to do it specific at one festival -- if a group of people that organizes a festival, just want to do it for that particular festival, that's between them and their group and the people that attend the festival. But I don't agree to condemn the entire population of the City of Miami not to be able to walk with their dogs. Commissioner Sanchez: Frank -- Commissioner Gonzalez: I mean, I think that's very unfair. Commissioner Sanchez: Exotic animals. I mean, I could support this resolution if you're talking about exotic animals. You know, such as someone bring in an alligator or a lion. Come on. Dogs? Dogs and, you know, snakes and -- Mr. Rollason: You know how I love the dogs with doggy park and all. I mean, Commissioner, we're in on that. Commissioner Sanchez: Parrots. Mr. Rollason: -- Commissioner, we're in on that. Joy. Commissioner Sanchez: Johnny, I mean, I'm surprised you didn't, you know, chain yourself to the front door here today so this ordinance wouldn't make it in this place. Chairman Regalado: Well, I'll tell you what you can do -- Vice Chairman Winton: I didn't get to read this until last night. Chairman Regalado: Well, I'll tell you what you can do: Call the New York Times and say that the issue on the Theater was resolved, that we have now banned animals in the street. Commissioner Gonzalez: I'll make sure that you don't talk about it in your TV program, OK? Commissioner Sanchez: Mr. Chairman, there's a motion and a second. Vice Chairman Winton: Call the question. Commissioner Sanchez: This has been voted down. Call the question and -- Chairman Regalado: Call the -- read the ordinance. Mr. Vilarello: There's no motion (INAUDIBLE). Mr. Rollason: Well, I mean, if there's no motion -- Commissioner Sanchez: Yeah, there is. Well, there's no motion -- 130 January 10, 2002 Chairman Regalado: There's a motion -- Commissioner Sanchez; Motion and a second. Mr. Rollason: (INAUDIBLE) problem there. Mr. Vilarello; There's -- Commissioner Sanchez: Well, we want to make sure we vote it down. So, it doesn't come back. Chairman Regalado: The Commission wants to vote, so go ahead and read the ordinance. Note for the Record: The ordinance was read by title into the public record by the City Attorney. Chairman Regalado: Call the question. (COMMENTS MADE DURING ROLL CALL) Sylvia Scheider (Assistant City Clerk): Vice Chairman Winton. Vice Chairman Winton: No. Ms. Scheider: Commissioner Gonzalez, Commissioner Gonzalez: No. Ms. Scheider: Commissioner Sanchez. Commissioner Sanchez: No. Vice Chairman Winton: No offense, Frank. Mr. Rollason: No. No offense taken. Ms. Scheider: Chairman Regalado. Chairman Regalado: No. Mr. Rollason: Hey, can't win them all. Chairman Regalado: No (INAUDIBLE) dogs. Ms. Scheider: Motion dies. (INAUDIBLE COMMENT) 131 January 10, 2002 Chairman Regalado: Item 8. Item 8 is an emergency ordinance. Four-fifths vote. Vice Chairman Winton: So moved. Commissioner Teele: Second. Chairman Regalado: It's been moved. Second. Read the ordinance. Vice Chairman Winton: Oh, 8 and 9 we already did. Unidentified Speaker: Yeah, you already did (INAUDIBLE). Commissioner Gonzalez: We already did it? Chairman Regalado: Oh, I'm sorry, We already did with the Shake -A -Leg thing. Commissioner Gonzalez: Go to 10. 132 January 10, 2002 Chairman Regalado: Nine "A" is a four/fifths vote. Emergency ordinance. Another emergency. The Homeland Defense Neighborhood Improvement Bond. Vice Chairman Winton: Moved for discussion. Commissioner Gonzalez: Second. For discussion. Chairman Regalado: OK. It's been moved and it's been second. Read the ordinance, please. Vice Chairman Winton: Well -- Chairman Regalado: Yeah. After we read the ordinance -- you don't have -- OK. Open for discussion. Vice Chair Winton. Vice Chairman Winton: I don't understand what we're really doing here. Are we hiring new people to do this? Are we bringing new people in the City or you're just forming a team of people that are already in the City to do this? Carlos Gimenez (City Manager): We're going to form a team. We haven't determined yet whether it's going to be some people from the inside, some people from the outside. It could be a combination. It could be only outside. But eventually, it's new positions. So, even if we took people from the inside, we'd replace the people that we took for this team. But we need to have a team in place. Vice Chairman Winton: Well, it seems to me that although this is a 10 -year bond issuance, there's kind of up times and down times. I mean, some years are going to be much heavier than other years. And, so, I would hope that before we get too deep into this, from a permanent personnel standpoint, that we consider the needs that we have, the very specific skill sets that we need to carry out the mission, and we also look very closely at what kind of consultants we could hire whenever we need to kick something into high gear, as opposed to creating a whole team here, where you're simply not going to need them all the time, but you are going to have the full expense all the time. Mr. Gimenez: Well, that's why we only asked for up to five. Because what we want to do is bring in a small core group to do really all the planning. And then, from there, determine whether we need a bigger group or how it is that we're going to tackle the problem. But we do need a small core group to begin this process. Chairman Regalado: OK. What do you want to do? 133 Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: On this item -- in fact, I was just talking, Mr. Manager, to the Budget staff on this today, and I think what you're doing here is really the right thing to do, in the sense that the biggest problem that we have right now is the planning, the strategic planning. I mean, this place -- we've just been putting out fires, pardon upon Mr, Former Fire -- but we really have -- I mean, we have very little management and strategic planning staff. We really don't have a lot of people looking at. I think it's important that we do this bond issue right, and I think the way to do this is -- and, remember, ideally, we had planned, Johnny, to spend about six hundred thousand dollars ($600,000) doing the strategic plan, to do the assessment, and all of that and all of that, and be ready a year from now. Remember, you're -- so, you know, there -- we took this tremendous leap in faith -- and thanks again to outstanding performance by the management and his staff, you know, we're here. So, I think the least we could do is give the Manager the real freedom to put together a group of people that's going to be doing this. There are some very creative things that have got to be looked at that are in this -- some of them are here. I see we've got high-power, expensive bond counsel on a related item to this, which, I guess, is Item 19. I think this is a related item. And, so, we ought to look at Number 9A-- Number 19 and all of these bond issues. Because what this is, Johnny and Commissioners, this is just the first of a very complex mosaic that the Manager and the Attorney and the team are putting together to move forward aggressively with this bond thing. I think we've got to have a working group, as I recommended before the break. We've got to have people that we draw from from Public Works and from Parks and from IT (Information Technology) and the various disciplines. But what we really need is a core group of people who have no other duties and responsibilities than this capital. Otherwise, Johnny, it's just not going to happen. It's really not going to happen. The question also is, I'm not sure -- and maybe you can clarify this -- this operating cost -- Kenny, listen to this. This operating cost of these five people may or may not be eligible as a part of the re -expenditures for the -- from the bond proceeds, as a part of the planning -- and direct planning related to bonds. And in this regard, Mr. Manager, a part of what we're looking at here is a way - - and I don't want to speak for bond counsel, and this is a decision being made subsequently down the road. But there may be a way to capitalize this operating cost because this is an operating cost that is directly associated with the bonds. In other words, this is a part -- it's just like if we go out and hire an architect to build a park, we're entitled to get our cost of the architect and the engineer. It's not just the cost of building the park, if you follow what I'm saying. So, in that context, these five people represents a way to -- I don't want to say capitalize a cost because that's not what we're doing. But it's a way of earmarking people who are solely committed to the bond and, therefore, their cost may be a part of the bond proceeds that can do that. Otherwise, it's not going to be done. If you start trying to allocate costs, you're going to get into some real issues, and bond counsel's not going to agree to it. So, I think -- I mean, I had nothing to do with this, but I thought what they were doing here was brilliant in terms of getting this thing kick started. Vice Chairman Winton: And is there a cost associated with this? I hear -- is there a budget number tied to this? I didn't see it. 134 Commissioner Teele: For five people -- up to five people. Mr. Gimenez: Five hundred thousand. Vice Chairman Winton: That was in here? Linda Haskins (Chief Financial Officer): It's five hundred thousand, up to five people right now. Chairman Regalado: Look -- Alejandro Viiarello (City Attorney): When you adopt your budget appropriation ordinances, you always adopt it with a dollar amount and the number of employees. It's an additional tool that the Commission has used to control the expenditures. So, it's coming forward to you with five hundred thousand dollars ($500,000) and up to five employees. Ms. Haskins: And the -- that five hundred thousand is not intended to be payroll costs solely. It would be -- include payroll costs, professional -- Commissioner Teele: Fringe benefits. Ms. Haskins: -- professional fees, benefits, computers. The sorts of things that we need to set up for this. Vice Chairman Winton: OK. So all the, you know, capital costs, the debt -- Ms. Haskins: Just the -- exactly. Vice Chairman Winton: Everything. Mr. Vilarello: (INAUDIBLE). Ms. Haskins: Exactly. Vice Chairman Winton: Thank you. That was really very important to put on the record. Ms. Haskins: As part of the appropriations ordinance, though, we need to bring to you any change in head counts. Chairman Regalado: And, you know, Mr. Manager, I think -- and I spoke to you yesterday about this. But I think it's important that you have someone that will be -- the only job of that person will be to be aware of the projects in the different Commission districts because, you know, one Commissioner is going to say, you know, I want this, It needs to be followed through, because like this picture, broken sidewalk. You know, it's just a broken sidewalk. No big deal. But the problem is that according to your memo, it was going to be done in September. Well, you know, what's -- what is it in six months? But it's still there. This is a newly -- 135 (INAUDIBLE COMMENTS) Chairman Regalado: September -- you know, I guess they're going to tell it all. Because September 11, you know -- but it's not -- Commissioner Teele: The crew was working on September 10th. They just had to stop. Chairman Regalado: Well, no. But, you see, the problem that I have is that I bring to the residents the memo from the Manager and said, look, you know, in two days from now, three days from now, we're going to start doing it. And it's very difficult now to respond why it has not been done. And, you know -- if we have that person, that person will be able to coordinate and even can go out and see what is being done or not done. And then -- you know, at least we don't promise. At least we don't promise. So, you want to vote on it? It's been moved and a second. Ms. Haskins: There is a floor amendment on this item. It relates to funding a contingency that arose in the last couple weeks. There was a fire at the Support Services Division for Fire - Rescue. Our deductible on our insurance policy is a hundred thousand dollars ($100,000). We are funding that out of a -- the contingency reserves that's budgeted, which is what the contingency reserve is there for. Vice Chairman Winton: There was a fire at one of our fire buildings? They didn't put it out? Mr. Gimenez; It was put out, but it caused more than a hundred thousand dollars ($100,000) worth of damage. Vice Chairman Winton: Well, where were they? Just kidding. Mr. Gimenez: Next door. Ms. Haskins: So, the floor amendment changes. Change the budget for the contingency reserve from a million dollars ($1,000,000) to nine hundred thousand; total reserves from eight million, eight forty-five to eight million, eight sixty-six. And then within the CIP (Capital Improvement Program) fund, the fire station and Building Renovation Project 313302 goes from a budgeted allocation of two million, eight sixty-four to two million, nine sixty-four for this year. And a total of four million, four seventy-two versus four million, three seventy-two point four. Vice Chairman Winton: So, so moved with the -- Chairman Regalado: Amended. Vice Chairman Winton: -- amendment. Commissioner Gonzalez: Second. Chairman Regalado; It's been moved and it's second. Read the ordinance. Call the roll. 136 • An Ordinance Entitled - • AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO, 12128, AS AMENDED, THE ANNUAL APPROPRIATIONS ORDINANCE, TO INCREASE CERTAIN OPERATIONAL AND BUDGETARY APPROPRIATIONS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2002, REVISING ONGOING CAPITAL IMPROVEMENT PROJECTS AND MAKING APPROPRIATIONS FOR NEW PROJECTS SCHEDULED TO BEGIN IN FISCAL YEAR 2001-2002, INCLUDING NEW CAPITAL IMPROVEMENT PROJECT NO. 311048, ENTITLED "HOMELAND DEFENSEINEIGHBORHOOD IMPROVEMENT BONDS WORKSHOPS"; FURTHER APPROVING CHANGES TO THE TABLE OF ORGANIZATION ADOPTED SEPTEMBER 25, 2001 FOR FISCAL YEAR ENDING SEPTEMBER 30, 2002; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Vice Chairman Winton and seconded by Commissioner Gonzalez, for adoption as an emergency measure, and dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None ABSENT: None. Whereupon the Commission on motion of Vice Chairman Winton and seconded by Commissioner Gonzalez, adopted said ordinance by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12172 137 Chairman Regalado; Item 10, second reading ordinance. Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: OK. Chairman Regalado: OK, Item 19. We're going to jump to Item 19. Commissioner Tecle: It's a companion item -- related item. I would move Item 19. Commissioner Gonzalez: Nineteen. Chairman Regalado: OK. Item 19 is about the official intent of the City of Miami to issue limited ad -valorem tax bonds. Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: I would ask that Senator Myers be just allowed to just give us a brief overview, through the City Attorney's Office, as to what we're doing. Kenny. Mr. Attorney, on Item 19. Ken Myers: The U.S. Treasury -- Commissioner Teele: Who are you? Mr. Myers: I work for you. I'm a City employee right now. My name is Ken Myers, of Squire, Sanders and Dempsey, bond counsel for the upcoming bond issue. This allows you to put in place what the U.S. Treasury authorized the cities to do, and that is to make advances of capital expenditures that you contemplate will be repaid from a proposed bond issue. There are limitations, but this resolution triggers that authorization for you to do that. You give notice of an official intent to be reimbursed for any capital expenditures that you make, connected with a proposed bond issue. And that's it. Pure and simple. Commissioner Teele: And Mr. Chair -- 138 January 10, 2002 • • Vice Chairman Winton: And also -- I was going to say, and it also provides for the issuance of thirty million dollars ($30,000,000) in bonds, right? Mr. Myers: No. No, no. That -- Vice Chairman Winton: But this says -- Commissioner Teele: But the notice -- Mr. Myers: The formal authorization will come later. Commissioner Teele: It's the notice relating to that, which will come subsequently. Mr. Myers. Right. Vice Chairman Winton: Well, I'm looking at the last line that says, "This resolution also provides for the issuance of not more than thirty million dollars ($30,000,000) in this first series of bonds." That's what it says here. Last line. On 19, under "background," last line. Commissioner Teele: Trust me, it's a meaningless statement. Vice Chairman Winton: I trust -- I do trust you. I do trust you. Commissioner Teele: It's a statement of intent. That within itself -- Alejandro Vilarello (City Attorney): It starts with "in the expected maximum principal amount of thirty million dollars ($30,000,000)." Mr. Myers: Yeah. Mr. Vilarello: This is in anticipation of -- Commissioner Teele: It's a statement of intent, really. That's the intent. Mr. Myers: That's right. Mr. Vilarello: I'm sorry, Commissioner. You're not -- you're reading from a memorandum prepared by someone other than the lawyers that are representing you. Trust me when I tell you, the resolution provides -- Vice Chairman Winton: Thank you. Mr. Vilarello: -- as I've mentioned to you. Vice Chairman Winton: Thank you. 139 January 10, 2002 Commissioner Teele: But just again to the point of the Manager's enthusiasm on this whole bond issue. In the previous meeting -- at the Iast meeting we called for him to get with bond counsel and to get this, because this is what's really necessary to start incurring costs and incurring dollars. And, again, I just wanted to compliment the Manager and the Attorney, because we're really moving ahead with this. And I'm really grateful, Mr. Manager. Mr. Gimenez: You're welcome, sir. Vice Chairman Winton: Could I ask a question also about this on the thirty million dollars ($30,000,000)? Now, the thirty million dollar ($30,000,000) maximum number is all we could do? So, why aren't we doing a thirty million maximum? If we could do more and not go over the 1.27 or whatever the millage rate is, why are we suggesting only thirty million dollars ($30,000,000) here? Commissioner Sanchez: (INAUDIBLE). Vice Chairman Winton: Right. Seems to me that in round one we go for absolutely the maximum we could get and get as many projects started as we could start. Bob Nachlinger: Bob Nachlinger, Assistant City Manager. Commissioner, we could probably issue, if we issue capital appreciation bonds in the neighborhood of a hundred million dollars ($100,000,000). The problem with that type of issuance is you lock yourself into a growth rate And I don't know, in the future, your -- I would be setting up over a time an increasing amount of debt service to be paid annually, anticipating a growth rate. That's the only way I could issue that much. Mr. Gimenez: And we're locked into a 1.218. So, that's -- Vice Chairman Winton: Well, that's what I said. So, I said -- I said we -- Mr. Gimenez: If you're locked into a 1.218, you -- if you do that and you don't get the growth rate, then I guess you have to back it up with general revenue fund -- general revenue. Vice Chairman Winton: OK. So, the thirty million dollars ($30,000,000) then assumes -- if you only do thirty, then you don't have to worry about the growth rate. You're assuming a zero growth rate? Mr. Nachlinger: Actually, we anticipate at this time an issue somewhere -- twenty to thirty million -- probably around twenty-five million. We put the thirty million number in the ordinance as an expected amount, "not to exceed," just in the event that our tax base growth exceeds their expectations. But realistically, at a two percent growth rate, we could issue twenty-five million dollars ($25,000,000) and not impact that debt service millage. Vice Chairman Winton: OK. Thank you. Commissioner Teele: Mr. Vice Chairman, I call the question. 140 January 10, 2002 • • Vice Chairman Winton: Oh. Let's see. Is this an ordinance? A resolution. So, we have a motion and a second. Any further discussion? Being -- Sylvia Scheider (Assistant City Clerk): I don't have a second. Vice Chairman Winton: You don't have a second? Who moved it? Ms. Scheider: Commissioner Teele. Vice Chairman Winton: I'm sorry? Ms. Scheider: Commissioner Teele moved it. Commissioner Sanchez: I'll second it. Commissioner Gonzalez: And I seconded it, too. Vice Chairman Winton: We now have a motion and a second. Any further discussion? Being none, all in favor "aye." The Commission (Collectively): Aye. Vice Chairman Winton. Like sign, opposed. Motion carries. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 02-41 A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING THE CITY OF MIAMI'S OFFICIAL INTENT, PURSUANT TO UNITED STATES TREASURY REGULATION 1.150-2, TO ISSUE LIMITED AD -VALOREM TAX BONDS, A PORTION OF THE PROCEEDS OF WHICH WILL, TO THE EXTENT PERMISSIBLE UNDER THE CODE OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, BE USED TO REIMBURSE THE CITY FOR FUNDS ADVANCED BY IT FOR ORIGINAL EXPENDITURES INCURRED AND TO BE INCURRED WITH RESPECT TO THE ACQUISITION, CONSTRUCTION, AND EQUIPPING OF CERTAIN HOMELAND DEFENSEINEIGHBORHOOD IMPROVEMENTS PROJECTS, IN THE EXPECTED MAXIMUM PRINCIPAL AMOUNT OF $30,000,000; DIRECTING THE CITY MANAGER AND THE CITY ATTORNEY TO TAKE SUCH ACTIONS AS MAY BE NECESSARY TO CARRY OUT THE PURPOSE OF THIS RESOLUTION; FURTHER DIRECTING AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 141 January 10, 2002 • L' (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Chairman Tomas Regalado 142 January 10, 2002 x k p r A N �2 "xYt:'• +-a x,i-<.. . �::P `` .l, it Pt':x Z aY--: Vice Chairman Winton: What item was that? Carlos Gimenez (City Manager): Number 10. Commissioner Gonzalez: What did we move, 10? Commissioner Teele: I move Item 10, the establishment of the special revenue fund, EMS (Emergency Medical Service) Grant EMS grant award. Vice Chairman Winton: EMS grant. OK. We have a motion. Commissioner Sanchez: Second. Vice Chairman Winton: Second. Discussion? Being none, all in favor "aye." Alejandro Vilarello (City Attorney): That's an ordinance. Vice Chairman Winton: Madam Clerk, roll call. An ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED "MIAMI-DADE COUNTY EMS GRANT AWARD (FY 2001-0 2)", AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $108,37596, CONSISTING OF A GRANT FROM MIAMI-DADE COUNTY; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 143 January 10, 2002 0 C] was passed on its first reading, by title, at the meeting of December 13, 2001, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Teele, 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 Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12173 The Ordinance was read by title into the public record by the City Attorney. 144 January 10, 2002 Chairman Regalado: OK. Vice Chairman Winton: We're on 11 now. Chairman Regalado: We are going back to 11. Eleven is a second reading ordinance. Vice Chairman Winton: So moved. Commissioner Teele: Second. Chairman Regalado: It's been moved and second. Please read the ordinance. Call the roll. An ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ("SRF") ENTITLED " CITY CLERK'S EXTENSIVE RESEARCH FEE FUND", AND APPROPRIATING FUNDS IN THE AMOUNT OF $5,000, CONSISTING OF MONIES PAID IN ADVANCE FOR RESEARCH AND DUPLICATING COSTS WHENEVER AN EXTRAORDINARY TIME CONSTRAINT IS DESIGNATED BY PERSON(S) REQUESTING COPIES OF RESEARCH OR PUBLIC RECORDS FROM THE OFFICE OF THE CITY CLERK; AUTHORIZING THE REVENUES IN SAID SRF TO BE USED EXCLUSIVELY TO FUND THE GENERAL OPERATING BUDGET OF THE OFFICE OF THE CITY CLERK; AND DIRECTING THE CITY MANAGER TO ACCEPT AND DEPOSIT ALL REVENUES DERIVED FROM SUCH PUBLIC RECORDS REQUESTS INTO THIS SRF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 145 January 10, 2002 was passed on its first reading, by title, at the meeting of December 13, 2001, was taken up for its second and final reading, by title and adoption. On motion of Vice Chairman Winton, seconded by Commissioner Teele, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12174 The Ordinance was read by title into the public record by the City Attorney. 146 January 10, 2002 • 9 a RATING ORDIN�NCE;AMEN]IAPT ? : TICIII 0 F :?DE TITLED "ADMINISTRATYOI `CI`I~i L�,�," T� SSB ARGDCRLZG1NG(P iSrC.:Q krS Chairman Regalado: Second reading, number 12. Vice Chairman Winton: So moved. Chairman Regalado: It's been moved. Commissioner Gonzalez: Second. Chairman Regalado: Second by Commissioner Gonzalez. Moved by Commissioner Winton. Read the ordinance. Alejandro Vilarello (City Attorney): It's a public hearing. Chairman Regalado: It is a public hearing. We open the public hearing. Anybody from the public from this item, Item 12? It is Item 12, right? Mr. Vilarello: Yes. Chairman Regalado: No one from the public has come forward. Call the roll, Madam City Clerk. An ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2 ARTICLE III, DIVISION 4, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION, OFFICERS, CITY CLERK," TO ESTABLISH A FEE TO BE CHARGED FOR DUPLICATING COMPACT DISK VOICE RECORDINGS OF THE CITY COMMISSION PROCEEDINGS, IN ACCORDANCE WITH SECTION 119.07, FLORIDA STATUTES; MORE PARTICULARLY BY AMENDING SECTION 2-142(C) OF SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 147 January 10, 2002 • • was passed on its first reading, by title, at the meeting of December 13, 2001, was taken up for its second and final reading, by title and adoption. On motion of Vice Chairman Winton, 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 Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12175 The Ordinance was read by title into the public record by the City Attorney. 148 January 10, 2002 PA PA fPTe1~C0N'A�;zo1Z 4: Chairman Regalado: Thirteen is a second reading ordinance. Commissioner Teele: So moved. Commissioner Gonzalez: Second. Chairman Regalado: It's been moved and it's second. Read the ordinance. Call the roll. An ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED "FTR GOLD MULTI- CHANNEL DIGITAL RECORDING SYSTEM FUND" AND APPROPRIATING FUNDS IN THE AMOUNT OF $5,000 FOR COMPACT DISK SALES; AUTHORIZING THE REVENUES IN SAID SPECIAL REVENUE FUND TO BE USED EXCLUSIVELY TO FUND THE GENERAL OPERATING BUDGET OF THE OFFICE OF THE CITY CLERK; AND DIRECTING THE CITY MANAGER TO ACCEPT AND DEPOSIT ALL REVENUES DERIVED FROM COMPACT DISK SALES OF VOICE RECORDINGS OF CITY COMMISSION PROCEEDINGS BY THE CITY CLERK; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. 149 January 10, 2002 r 1 U r1 was passed on its first reading, by title, at the meeting of December 13, 2001, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Teele, seconded by Commissioner Gonzalez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12176 The Ordinance was read by title into the public record by the City Attorney. 150 January 10, 2002 • i 5-103 15z CWS- IsTmGbr ��CTIP 2^ MMS IONS' TzO TA31L4( } p$'N IN" -BII1� " My- UNT BO . FR Chairman Regalado: Item 15 had been deferred. Sixteen, a first reading -- Vice Chairman Winton: How about 14? Commissioner Teele: Fourteen. Commissioner Gonzalez: How about 14? Commissioner Teele: I would move Item 14. Vice Chairman Winton: Second. Chairman Regalado: Oh, I'm sorry. I'm sorry. I'm sorry. Carlos Gimenez (City Manager): How about 13? Chairman Regalado; It's a second -- Vice Chairman Winton: We just did 13. Chairman Regalado: Yeah. We need to do 13. Vice Chairman Winton: No. We did 13. Now we're doing 14. Chairman Regalado: We did 13. Item 14, second reading. Do we have a -- it's been moved by Commissioner Teele. Commissioner Sanchez: Second. Chairman Regalado: Second by Commissioner Sanchez. Read the ordinance, please. Chairman Regalado: Call the roll. Commissioner Teele: One moment, please. Chairman Regalado: Oh, go ahead, Commissioner. Commissioner Teele: The only concern that I have is on the Section 2-1205, the provision set forth shall apply to the board. Notices shall be posted by the City Clerk/City Hall. When we did the matrix on boards, you know, major boards from minor boards, where does this board fit in? 151 January 10, 2002 Because this is clearly a board that the City Clerk should be the -- you know, record and be the secretary of the board or the informal secretary. I know they view that like -- with more glee. But this is really a very important board, and we need to have a little bit of formality by the Clerk's Office in being responsible for coverage of this board and -- when they meet. Alejandro Vilarello (City Attorney): Commissioner, I don't recall exactly where this would fall within the matrix, but certainly we could specifically provide that the City Clerk, as the City Attorney's Office would serve and respond to this board. Commissioner Teele: Could you just amend then section -- the appropriate section? You've got counsel at 1204 and notices at 1205, and filing of records under 1205. It would seem that a simple sentence that the City Clerk shall attend and provide appropriate reporting services or administrative and reporting services to this board, as required. Mr. Vilarello: In fact, that's -- some of that is covered in 1205. We can add that. It's not a material change. And we could just proceed with second reading. Commissioner Teele: All right. Thank you, as amended. Chairman Regalado: OK. Did we -- yeah. Call the roll. (COMMENTS MADE DURING ROLE CALL) Commissioner Teele: As amended, yes. Commissioner Sanchez: Yes, as amended. 152 January 10, 2002 An ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATIONBOARDS, COMMITTEES, COMMISSIONS, TO ESTABLISH THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD AND PROVIDE FOR THE "SUNSET" OF SAID BOARD; TO SET FORTH SAID BOARD'S PURPOSE, POWERS, AND DUTIES; TO PROVIDE FOR MEMBERSHIP, QUALIFICATIONS, TERMS OF OFFICE, VACANCIES, OFFICERS, PARLIAMENTARY PROCEDURES AND RULES OF PROCEDURE, MEETINGS, QUORUM, VOTING, ATTENDANCE REQUIREMENTS, ASSIGNMENT OF STAFF, COUNSEL, NOTICES AND FILING OF RECORDS AND ANNUAL REPORTS; MORE PARTICULARLY BY ADDING NEW DIVISION 15, CONSISTING OF SECTIONS 2-1200 THROUGH 2-1206, AND AMENDING SECTION 2892 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was passed on its first reading, by title, at the meeting of December 13, 2001, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Teele, 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 Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12177. The Ordinance was read by title into the public record by the City Attorney. 153 January 10, 2002 TRUC Chairman Regalado: We have an item that has been requested to be heard right now, because we have several big items in the next two hours, I guess. Item 34 is about the rescue units. The item was deferred last meeting. The Manager was supposed to come with some new information. Mr. Manager. Commissioner Sanchez: Mr. Chairman -- Chairman Regalado: Before -- 34 is the two rescue units. Carlos Gimenez (City Manager): Yes, sir, The Fire Chief and the Director of Management and Budget will report on that. Commissioner Sanchez: Mr. Chairman, the matters in front of us on a financial aspect of it -- Chairman Regalado: Excuse me. There is no 34 here. Shorty Bryson (Chief, Fire Rescue): Thirty. Commissioner Sanchez: Thirty. Mr. Gimenez: You're right. It's actually Item Number 30. Commissioner Sanchez: Oh, I'm sorry. The last time it was 34. I'm sorry. Chairman Regalado: OK. Commissioner Sanchez: Mr. Chairman, if I may, please. This is an item that's before us on a matter of finance. As we stated before, the Fire Department, for 25 years, not put any apparatus in place, and we have two areas of our community now that have eight to 12 -minute response time. Chief Bryson: Eight to 10. Commissioner Sanchez: Eight to 10 -minutes response time. And we feel that these two areas are under served when it comes to rescue, which is so important when it's a matter of life and death. Just on the record a note that in 25 years, the City of Miami's gone from 25,000 runs to 75,000 runs. And the issue is before us to identify funds to implement both of these two rescues. In the last Commission meeting, we talked about putting one, and really it wasn't really fair to do that. And there was some opposition from the Commission to basically say, hey, listen, if we're going to do, we're going to take care of the problem, and take care of it quick. So the matter here is before us to identify funds to add two more fire -rescue trucks to the service of the Fire Department. 154 January 10, 2002 Chairman Regalado: OK, Mr. Manager. Fire Chief. Chief Bryson: Yes, sir. Chief Bryson, Fire Rescue Department. We made a presentation last time. We were close, as Commissioner Sanchez said. It was discussed to come back with a recommendation and what it would cost for two rescues. The -- for the remainder of this year, starting January the 15th, the cost would be for this year 1.1 million to put those trucks in, and a recurring cost after that and salary and benefits for both trucks at 1.5 million. We've discussed it with the Manager and the Budget Director. And anything to do with finances, I'll leave up to the Budget Director. Commissioner Sanchez: And that's what we're here for.. We're here to basically identify the funds, to see if we have the funds to do it. It's that simple. Madam Director, Linda Haskins (Director, Management & Budget): The recurring revenue source -- when we prepared our budget for this year, we did not anticipate bringing in parking surcharge. We know that we have revenues from the parking surcharge. We also have identified a potential revenue source -- Vice Chairman Winton: (INAUDIBLE) have to do with Fire? Ms. Haskins: I mean, the parking surcharge doesn't have to do with Fire. We've also identified and we're working on several cost-saving initiatives, as well, as they relate to things like to things like health insurance and that sort of thing. But we know that for this year, we can fund it with -- and not going to a deficit with the fact that we're bringing in the parking surcharge. And what we would do is for 2003, come to you with a recurring revenue source that matched the cost of a million -five for next year. Vice Chairman Winton. So, let me see -- Ms. Haskins: Or permanent cost savings. Vice Chairman Winton: Run that through me again. Where's the money coming from, both capital and operating? Ms. Haskins: For this year, the capital -- there are no capital costs initially because they do have the trucks. Vice Chairman Winton: OK. Ms. Haskins: What they need for this year, they have spares, so they don't need to -- Vice Chairman Winton: And we're going to build fire stations? Unidentified Speaker: Bond. 155 January 10, 2002 • • Vice Chairman Winton: That's coming from bond. How much is that? Ms. Haskins: That would be -- and the subsequent -- Vice Chairman Winton: That's two and a half million. Mr. Bryson: That's 2.5 million per station, sir. Vice Chairman Winton: So, it's five million -- so five million out of our thirty goes to two fire stations? Mr. Bryson: That's correct. That was in the -- Vice Chairman Winton: In round one. Mr. Gimenez: Well, that was enumerated in the bond proposal. Vice Chairman Winton: It was enumerated, but the priorities were not. Mr. Gimenez: No, they weren't. But, again, there are ways -- the Fire Department has a source of capital improvement fluids that can be reimbursed by the bond program. When -- Vice Chairman Winton: At some point. Mr. Gimenez: At some point in the future, yes, sir. Vice Chairman Winton: OK. Commissioner Sanchez: And that's to cost what, two point five million dollars ($2,500,000) per each station? Vice Chairman Winton: Each, yeah. Mr. Gimenez: Yeah. We hope it's going to be less, because I don't believe they're going to be building a very big fire station. It's probably going to go to a smaller station for these two outlying areas. Vice Chairman Winton: And then the operating costs are what? Did you say? Mr. Bryson: The cost of salary and benefits on a recurring basis for both is 1.5 million total. Vice Chairman Winton: One point five total? Mr. Bryson: Yes, sir. Vice Chairman Winton: And that money's coming from where again? Did you say? 156 January 10, 2002 Ms. Haskins: The 1.5 million, starting in 2003, we would like to be able to come back with you in the budget and identify what we've matched that recurring revenue. Commissioner Sanchez: Would that come from the general fund? Vice Chairman Winton: Well, if we don't have the station built -- huh? Commissioner Sanchez: Would that come from the general fund? Ms. Haskins: The operating costs would come from the general fund, yes, sir. Commissioner Sanchez: And the cost for the trucks could come out of the fire fee. That's for capital -- Ms. Haskins: Yeah, the cost of the trucks would come out of the fire fee. Vice Chairman Winton: Yeah. Now -- Ms. Haskins: We would be able to adjust the way -- the amount of reimbursement from the fire fee for the fire costs. Vice Chairman Winton: If you don't have the buildings built yet, will -- you won't have an operating cost, then will you? Mr. Bryson: Yes, sir, we will, because we're putting the trucks in -- we're going to put them in in those areas immediately by getting land and tailoring and putting them in the northeast and Coral Way area. Vice Chairman Winton: Well, what were you going to do with those trucks before all of this happened? Mr. Bryson: They're spare apparatus that we have. Vice Chairman Winton: Oh, OK. Commissioner Sanchez: So, the funds are available. You've identified the funds. Ms. Haskins: The funds are identified for this year. We have parking surcharge that we know we have not budgeted. And we would -- incurring this 1.1 million in operating costs out of the general fund this year is sufficient parking surcharge revenues to cover that for this year. Vice Chairman Winton: Well, let's see now. Let's see. We've got parking surcharge. Downtown's an absolute wreck. Our downtown occupancies and our office buildings are going down. So, our ad -valorem taxes are going to go down. We don't spend a dime on infrastructure improvements. We got all this parking surcharge money that is going somewhere, you know, 157 January 10, 2002 and -- but now then we're going to find a new use for parking surcharge money, which had nothing to do with the original intended use, and now it's going to go to fire operations. Mr. Gimenez: No. That's not -- the reason that she's saying that you can use parking surcharge is, it was not budgeted at all for this year. We had already reduced our taxes and our fees by the use of that parking surcharge, but this year we reduced our operating expenses because we reduced -- we didn't budget the parking surcharge. Now, we have the parking surcharge. We will come back with a recommendation to the board on how to either, you know, rebate some money to the taxpayers, because that's what the parking surcharge is for. But we've already met the requirements of the parking -- that parking surcharge. So, basically, it's revenue. And we're not saying that the parking surcharge is going to be funding the -- this increase next year. We have to come back to you with either a funding source or an increase -- or a decrease in expenditures. And we talked about a decrease in expenditures yesterday that we're going to be passing on and that will, for this year, cover half of the expense. And you can take the other half from -- Ms. Haskins: For next -- Mr. Gimenez: -- you know, unanticipated revenue, which is the parking surcharge. Next year we have to come back to you with a different way to put this together. Commissioner Teele: Mr. Chair -- Mr. Vice Chairman, I'm not certain I read this right, because this isn't what -- I support what we're trying to do, but we've got another policy grid that I thought we voted on at least somewhere -- at least two or three times in the budget. I will oppose any use of the parking surcharge for anything that does not have some type of nexus to the downtown and to the areas in which -- and we said this -- we heard from Elena, you know, six months ago or four months ago. We all voted that we were going to use parking surcharge money. Parking surcharge is not found revenue and not available, in my mind, for the general use. If we do that, we're going to wind up offending the whole downtown and the whole parking structure of this community. Parking surcharge revenue should be used to enhance and to pay for costs. Now, this isn't, you know, high science here. There are a lot of things that we may have general fund dollars or capital dollars that are currently earmarked for downtown, that could be freed up by using parking surcharge, and you can take those dollars, OK. But you can't just go in and take parking surcharge dollars and start building parks in Little Haiti or something in Model Cities, in my district, to use that as an example, or to put a police substation, because what you're going to wind up with is a total resentment and revolt from the people that we're here to serve. The parking surcharge is off limits, from this Commissioner's point of view, for anything that does not relate -- and Madam Director, he ain't going to tell you nothing that's going to help you in this debate right now. You need to hear what I'm saying. I'll help you do it. I'll work with you. I can free up the money that we're talking about, but let's don't get -- let's don't create a policy grid that we can't defend. I'll give you three examples. I'll support funding the Bayfront Trust from parking surcharge. I can see that in my mind. Bayfront Trust has a parking major operation. It is tied into that. That's one point -- how much money do we give Bayfront Trust of general fund money a year? Commissioner Sanchez: Annual, 184. A million eighty-four. 158 January 10, 2002 Commissioner TeeIe: A million -- that's a million eight right there, OK. This has got to be done a lot more delicately, Mr. Pidermann and everybody. This has got to be done a little more delicately than we're doing this. We're going in and taking -- there's some money there and everybody starts saying, well, this is new revenue or this is uncommitted revenue. The parking surcharge revenue, as far as this Commissioner's concerned, is committed to the redevelopment areas, to the downtown areas, to the DDA (Downtown Development Authority), for the use -- let me tell you another example, which really bothers me, which I started to say something about this morning, Madam Director, but I didn't want to offend Commissioner Winton, That Item Number 9 that we approved, repeal that and go out and take that nine hundred thousand dollars ($900,000) out of that general -- out of that strategic reserves in Item 9A and use parking surcharge money and free those monies back up. There's four million dollars ($4,000,000) right there. What we've got to do, though, Madam Director, is we've got to -- we cannot let every Department Director start raiding the parking surcharge money. Ms. Haskins: I understand that, Commissioner. Commissioner Teele: I mean, that's very, very important. Ms. Haskins: I understand that. Commissioner Teele: Because there's no way to justify it. There's no way -- I can look at the Tebor Harlors and the people that Joe Sanchez -- and we all had this developer summit that we're here and we're going to try to help and we're going to try to do the things to help these people. If we're going to take their money and not put it back into their deal -- and that's what Commissioner Winton is saying. Ms. Haskins: I understand that, Commissioner. And when we're looking at funding this with savings from the Fire, when we lost -- when the Third District Court of Appeals opinion came down on the parking surcharge, and we had to rework our budget and reduce our budget by the thirteen million dollars ($13,000,000) that we took out, we took out about approximately a million and a half dollars ($1,500,000) in expenses out of the Fire Department. So, we did -- in response to the loss of the surcharge, we took that million and a half dollars ($1,500,000) out of the Fire budget. And if we had not done that, we would have been able to the find the money to internally fund this with savings from Fire. We already took the savings out of the Fire Department. Mr. Gimenez: Commissioner, I request that we defer this item until the next meeting, and then we'll come back to you with a different funding source, and that will meet your direction and see what we can do. I'm confident that we can find the money to go ahead and put these two units in by the beginning of February. Commissioner Teele: Can we get a commitment that we'll have these units in in a relatively -- I mean -- 159 January 10, 2002 Mr. Gimenez: Well, we -- if we can -- the next meeting is on the 24th. If we get the approval then, then we will have them in place by February 1. Commissioner Tecle: May I meet with you on the funding source before that meeting, please? Mr. Gimenez: Absolutely, sir. Commissioner Sanchez: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Sanchez: I'm not going to debate the issue of the funding, where it's going to come from or not, you know; although, I think that the parking surcharge mostly is generated in downtown, I have to disagree with both my colleagues here that says that all that money should go back into downtown. I think that that money, in some ways -- Coconut Grove also has parking, OK. So -- Vice Chairman Winton: Oh, I agree with that. (INAUDIBLE COMMENT) Commissioner Sanchez: Well, OK. But I don't think that it should specifically just be for those two areas, when it comes to it. But that -- I'll argue that another date. But let me just state this. Based on what you said, Commissioner Teele -- and it's people we are -- that we're here to serve -- there are people in certain areas that, if their loved ones need fire -rescue, they're taking eight to 10 minutes, where in other areas, it's less than four minutes to six minutes. So, there's a difference. This is based on necessity. Something that -- as Commissioners, we're here to serve. That is a service that we provide. You could compare that to the garbage. You could compare that to any local service. The Fire Department -- 25 years ago the Fire Department responded, as I stated, from 25 and now it's almost 75,000 calls. They had not put out a single apparatus and the City continues to grow. Some people may dispute on the last census, that it just -- it has grown. But let me just tell you something. Those numbers lie. In my district alone -- I don't care how many times they count those numbers -- there are more people there than they counted, because there's a lot of immigrants that are coming to this country and they don't want to be, you know, counted. So, they -- they're scared of papers. When they knock on their doors, they don't respond back. We have a need for service and we have an obligation, as elected officials, to provide that service. So, I will not dispute where the funds come from, but I will continue to push forth on this issue, having the administration come back with whatever funds are acceptable, because it takes at least three votes here to get it done and I'm willing to work with you. But the more we wait, the more that we will have people out there that are going to need a service, that it's going to take a little longer for them to get. Vice Chairman Winton: Mr. Chairman. Chairman Regalado: Yes, sir. 160 January 10, 2002 Vice Chairman Winton: If that were the case and this was such a burning hot issue, then, as Commissioners, we should have dealt with this issue during the budget cycle, when we all said -- you know, there were a number of votes on what we were going -- we were going to raise the fire fee or the garbage fee and all those kinds of things. This -- you know, we're not raising anything -- if this was such a big issue, we would have raised whatever we had to raise back then, which was only three months ago or four months ago, and got the money we needed right then and there. But it wasn't very important three months ago, and it wasn't the big urgency three months ago when we did the budget. So, you know, I'm in favor of this. I'm voting for it. I'm with you. I want to get the money to do it. But I just want to, you know, make sure that all this stuffs kind of kept out there where the debate is -- and all the information flowing is right out there up front. Commissioner Sanchez: Just wipe that smirk off your face. Commissioner Gonzalez: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Gonzalez: I'd like to have a clarification, since I was not a Commissioner at the time that this was approved, even though I heard about it a lot. I just want to ask -- see if one of my colleagues can illustrate me a little bit. I understand that the parking surcharge was approved and passed in order to reduce the taxes and create some reserves for the City; is that correct? Chairman Regalado: Yeah. The original bill was to reduce taxes and fees, and for reserve. Yes, Commissioner Gonzalez: So, that is the purpose that it was approved, right? Chairman Regalado: That is -- that is the purpose. And -- Commissioner Gonzalez: And also we're charging -- Chairman Regalado: And also some capital improvement. Commissioner Gonzalez: We're charging non -City residents for the purpose of -- for the services that they're receiving from the City? Chairman Regalado: Absolutely. Commissioner Gonzalez: All right. Thank you. I just want to clarify that. Chairman Regalado: You're welcome. Mr. Gimenez: Mr. Chair. Mr. Bryson: Mr. Chairman, may I point out one thing, please? 161 January 10, 2002 Chairman Regalado: Yes, sir. Chief Bryson: Chief Bryson, Fire Rescue. If we talk about downtown and Coconut Grove and some of the parking areas, I just want to point out to you that although each of these rescues have specific areas, it affects citywide services. It especially affects Coconut Grove and it also affects downtown indirectly. Those units have to respond to these areas, and they're out of service longer and can't respond to their own areas. In addition, those areas have high-rises, which cause us additional travel time to get up to where they are. And when those units are not in service, they -- it takes longer. Commissioner Gonzalez: Also, I would like to clarify, Mr. Chairman. And I don't know if -- Chairman Regalado: Yes, sir. Commissioner Gonzalcz: -- I got confused. But Madam Finance Director, you said that at the time that the parking surcharge was stopped, you had to take some money from the Fire Department? Ms. Haskins: Yes, sir. Commissioner Gonzdlez: And once we got the parking surcharge reestablished, did we give back that -- the Fire Department that money? Mr. Gimencz: No, we haven't given -- we cut operating expenses from all departments, and those cuts have not been put back in any of those operating departments. So, that's when we said that there was -- the parking surcharge is really unanticipated revenue. It was unanticipated revenue. We didn't book it. We didn't budget for it. But we kept in place the reduction in the tax rate, the reductions in some of the fees that would have gone, that were directly the result of that parking surcharge. So, that's why we felt that we could use part of this, because we had already done what the parking surcharge legislation said it was supposed to be done. We understand the position of the Commission. We'll come back with a different set of recommendations and funding sources at the next meeting. And if it's approved, then we can put those units and service on February I st. Commissioner Gonzalez: I hope that we'll be able to do that, because let me tell you. Personally, I had to go through the experience of requesting the services of fire -rescue for my mother, who passed away only five months ago, and for some other relatives of mine, which are very old and ill, and I really feel sorry for the people that have to request the services of fire - rescue and have to wait, because every second, every second that you're waiting for a fire truck to arrive to save one of your relative's life -- if it is a son, a daughter, your mother, your wife, or whatever -- it's a year. So, we say eight minutes is not important. It is important for the person that has a relative dying and is depending on this man and woman to go out there and save their lives. So, I hope that we definitely find the money to fund these trucks. Mr. Gimenez: Yes, sir. 162 January 10, 2002 Chairman Regalado: OK. Mr. Pideimann. Ed Pidermann: Thank you. Ed Pidermann. I'm the President of the Miami Association of Firefighters. I'm the union that represents the Miami Firefighters. And I just -- you know, this whole issue -- Commissioner Winton mentioned that it wasn't a pressing issue three months ago and, actually, it's already been about three months since this was first brought to the first Commission meeting by Commissioner Sanchez. Two or three times now, the Commission's directed the City's administration to come back with a funding source, and it doesn't seem to come back with the right answers, and it's just a little frustrating. It's been a problem. We've identified the problem. We've got a solution. You know, you're going to get it done. It's going to be solved. You know, we should be able to send the administration to offset parking surcharge in the areas that you've said are OK in the downtown and then use those funds that get offset to fund these rescues. The need is there. It was there yesterday. It was there three months ago. It was there today. And -- I mean, we shouldn't have to wait until February 1st to do this. It's -- Vice Chairman Winton: Well, you were missing my point, Ed. If it were that pressing when we took up the budget, it could have been addressed during the budget cycle. That was my point. Mr. Pideimnn: I don't dispute that. I don't dispute that. But everything is a matter of cost and -- Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: Then 1, too, would want to apologize to you, Ed, because you're right. This issue did come up. Commissioner Sanchez has brought it up. Unfortunately, I wasn't focused on this over the last three weeks, so I would like very much -- but I want to make two points. Commissioner Winton is right. If something is important, the time to deal with it is as a part of our regular budget process in September. And unless it's something, you know, like 9111 or something that you can't anticipate. This problem has been a problem. And, so, I'm in support of the notion as a way of saying to the management and the department heads -- and, you know, we go through this at the end of the budget hearings. We say, I say, Commissioner Sanchez says to the department heads, are there any things that are important in your budget that we've not considered? You know, why I say that at the end of the budget hearing? Because this is how you get these budgets upside down. If the Fire Department head or the Police Chief or the Public Works Director know they've got a big need of a million dollars ($1,000,000), two million dollars {$2,000,000} and they sit there and don't say anything, as a part of the budget hearing, then shame on them, because that's what the whole anti -deficiency act is designed to do. It's designed to put the responsibility on each department head annually in the budget process to come up and tell us if they've got a problem with their budget, if they have a need for their budget, and not just to say that the Manager is the only voice that can be heard on what's important for the year. But I don't think we ought to debate that. We all agree. I think there's five people up here on this Commission who want to get this thing in service now, particularly in light of the court case relating to the parking surcharge. The only thing that I'm saying is, Ed, if 163 January 10, 2002 we start funding the Fire Department out of the parking surcharge, you know what's going to happen? The same thing that happened to the fire fee. You know what happened to the fire fee? When we passed the fire fee, we passed it to do one thing. What was that, Mr. Attorney? The first fire fee was going to be limited to -- Alejandro Vilarello (City Attorney): To capital acquisitions of equipment. Commissioner Teele: Only. No operating, right? And everybody said, I will support it, but no operating. What percentage of the fire fee today, three years later, three years later -- four years Yater -- what percentage of the fire fee is for capital? Mr. Gimenez: I'd say about 30 percent. Commissioner Teele: So, we've gone from one hundred percent for capital to 30 percent for capital. And the problem is, if you start opening these unique revenue streams for operating costs, you'll never do anything but spend the money for operating. We have had 20 years of deferred maintenance and deferred cost downtown. The reason that Commissioner Winton is raising the question -- I'm raising it -- is we're looking at the tax base. If the tax base of downtown doesn't continue to grow, we're going to have to cut back everywhere. And downtown disproportionately and Coconut Grove represent a very large percentage of our overall ad -valorem taxes. And., so, we've got to invest in downtown to invest in the Fire Department and every other department. So, there's no double talk here from me or from the Commission. We want to get this thing done. We just need to make sure that we don't open the wrong door in creating the funding stream. But there's more than adequate funding opportunities, as a result of the parking surcharge. Mr. Pidermann: I agree with you. And the last thing we want to do is tie the parking surcharge to any operational expense of the Fire Department. But the truth is that the parking surcharge is really just another revenue stream for the general fund, just like ad -valorem taxes and other fees is. It's another general fund revenue source. And the original revenues -- estimates for the general fiend revenues -- estimates for the general fund. Vice Chairman Winton: Not according to the original enabling legislation. It absolute is not just another revenue stream. Commissioner Teele: Not according to state law. Vice Chairman Winton: That's exactly right. Commissioner Teele. So, please don't put that on the record. Because you're right. Mr. Pidermann: The truth is that the general fund was budgeted at the beginning of the year, adopted at three hundred and nineteen million dollars ($319,000,000), and the estimates for this year are going to be way more than three hundred and nineteen million dollars ($319,000,000). Plenty of money to fund these two rescues. 164 January 10, 2002 S/�w+,INAN 1.1 A+l+ hC¢i Glx '�o gTE .AT BOAT :` DoT �H�WEST�2'7��`� AVENUE' SOUTI�_BA,YSHOR�? I��IVE I�`� GC3�T G V Chairman Regalado: OK. It's five o'clock. So, we have to make a decision. Do you want to take the bus benches now, and then -- Vice Chairman Winton: Could we take up 16, which is going to take a few minutes, and there're people here for it. Chairman Regalado: Sixteen -- Vice Chairman Winton: Sixteen. Chairman Regalado: -- is a first reading ordinance. Oh, it's about the Seminole Boat Ramp in Kenneth Meyer Park. First reading ordinance. Vice Chairman Winton: And there's two pieces tied to this one. Simply, the ordinance setting the parking structure -- Chairman Regalado: This is a public hearing. Commissioner Teele: Second the motion. Chairman Regalado: Deferred -- Vice Chairman Winton: Yes. So moved. Chairman Regalado: It's been moved by Vice Chair Winton. Second by Commissioner Teele. First read -- read the ordinance. Chairman Regalado: This is for discussion. Vice Chair Winton, you want to -- or you want -- Vice Chairman Winton: No. There's a companion item after we vote on this. Chairman Regalado; OK. Christina. Christina Abrams (Director, Public Facilities): Basically, that this establishes a rate for the Seminole Boat Ramp of eight dollars ($8) for trailers parking -- Vice Chairman Winton: But didn't -- we already moved this and second. So, I think we're ready to vote. Call the roll. Chairman Regalado: It's been moved and second. 166 January 10, 2002 Vice Chairman Winton: Yes. So, call the roll. Chairman Regalado: It's a public hearing. So, just go ahead and explain. And then we have people from the public, if they want Vice Chairman Winton: I don't think there's anybody from the public -- you might find out if there's anybody from the public wants to speak on the rates, which is what we're doing first. But the second companion item doesn't have anything to do with these rates. Chairman Regalado: Oh, OK. Vice Chairman Winton: Are you here to speak on rates? Jonathan Blum: Yeah, real briefly. Very briefly. Vice Chairman Winton: Good. Mr. Blum: My name is Jonathan Blum. I live at 2843 South Bayshore Drive. I just wanted to extend a sincere gratitude to the City staff, to the City Manager, to Frank Rollason, to Christina Abrams, Art Noriega, Al Ruder, and Commissioner Winton's office. I think this ordinance is an example of this City working closely with the citizens of the City of Miami. And as a citizen who was involved in this, I just want to extend a sincere thank you very much. Ms. Abrams: Thank you. Chairman Regalado: OK. Vice Chairman Winton: Roll call. Chairman Regalado: Yes, sir. Vice Chairman Winton: I think that's the -- Chairman Regalado: You're going to vote? Vice Chairman Winton: Yeah. I think we're ready to roll call. Chairman Regalado: All right. It's -- Mr. City Attorney, you've read the ordinance already? OK. Call the roll. (COMMENTS MADE DURING ROLL CALL) Commissioner Gonzdlez: (INAUDIBLE) Vote because I was not present during the discussion. Chairman Regalado: But you have to vote. 167 January 10, 2002 Commissioner Teele: On the dais (INAUDIBLE). Chairman Regalado: You want to walk away, please do. But you're sitting here, you've got to work. Commissioner Gonzalez: Very well then. I vote "yes." Chairman Regalado: OK. Right. An Ordinance entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING SECTION 35-193 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ESTABLISH PARKING RATES AT THE BOAT TRAILER PARKING LOT AT THE SEMINOLE BOAT TRAMP LOCATED IN KENNETH MYERS PARK AT THE SOUTHWEST CORNER OF SOUTHWEST 27TH AVENUE AND SOUTH BAYSHORE DRIVE IN COCONUT GROVE MIAMI, FLORIDA; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Vice Chairman Winton, seconded by Commissioner Teele, and was passed on first reading, by title only, by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. The ordinance was read by title into the public record by the City Attorney. 168 January 10, 2002 zTIN `fRAQ� IT Vice AEI?JIET4T %�4 � 6 r Vice Chairman Winton: And the companion item, Commissioner Regalado, relates to a pocket item that you brought up last go round at the last Commission meeting, allowing for parking -- allowing for the Seminole Boat Ramp parking area to be used by the Home Show during the Home Show. Chairman Regalado: Right. And you said that if you have input from the community, you'd bring it back. You're bringing that now? Vice Chairman Winton: Yes. There's been a lot of reaction from the community and further, we've had discussions with Larry Pearl from the Home Show. There's been a plan developed between Larry, Off -Street Parking, and Frank Rollason to create a substitute for that, in light of the public opposition. So, I think the -- so the issue here was that we wanted to -- I don't know if we have to take action or not. Do we need to -- Chairman Regalado: Yeah. You need to -- Vice Chairman Winton: We need to rescind the original motion. Chairman Regalado: -- rescind the resolution passed and pass a new resolution prohibiting parking for every event in the Seminole Boat Ramp. Vice Chairman Winton: And I think it already is prohibited there for everything else anyhow. Commissioner Sanchez: Wait, wait, wait. Vice Chairman Winton: So -- Chairman Regalado: But everything else -- because I'm confused here. Because the Waterfront Advisory Board sent a fax saying that they recommend that no event parking be allowed at Seminole Boat Ramp, except for the Coconut Grove Arts Festival. I don't understand this recommendation. Commissioner Sanchez: Mr. Chairman. Could I intervene please, because I'm a little confused here. Just for point of clarification. Vice Chairman Winton: I guess -- I'm sorry. I'm going to move to rescind the original resolution that we passed at the last Commission meeting, giving the Home Show the right -- Chairman Regalado: Right. Vice Chairman Winton: -- to use the boat ramp -- 169 January 10, 2002 Chairman Regalado: Seminole -- Vice Chairman Winton: -- Seminole Boat Ramp for their -- for additional parking. And by the way, the Seminole Boat Ramp, the maximum number of cars you could probably park there is 40, which is absolutely nothing in the overall sense of things. And what we're going to ultimately do is set up a shuttle system so that he can use both the parking garage across from the Teremark building, and the new parking garage right here that we had a big debate about from the Mutiny. So, there's a lot of available parking. They have just set up a new system to deal with the issue, where there will be 10 times more parking available than what that would do. Chairman Regalado: No problem, if they've solved the problem. My only concern is that there is a fax from the Waterfront Advisory Board that said that they do that. They recommend that no event parking be allowed at Seminole Boat Ramp except for the Coconut Grove Arts Festival. So, what's the story? Vice Chairman Winton: And by the way, we're not -- I'm not dealing with that issue right now. I'm only dealing with the Home Show issue right now and we're going to bring back something else subsequently. Chairman Regalado: Yeah. But are we going to allow the Coconut Grove Arts Festival to park there? Frank Rollason (Assistant City Manager): Let me explain. Frank Rollason, Assistant City Manager. The reason that the Arts Festival comes in and parks there is that the area is closed off. The boat ramp is not accessible to be used. The issue that came from the Waterfront Board is that when the Home Show was in place, they were able to have access to the boat ramp. Also, with the Horne Show, we do not allow them to park on the grass parking areas. They can use the asphalted areas at the boat ramp parking for the tractor trailers that bring in the food and the supplies for those food vendors that are along in Myers Park. So all the parking in Myers Park has been eliminated. And when we came to the Arts Festival and when we had the meeting with Commissioner Winton again about a year ago and we talked about restricting it, the issue came with how are they going to get the food in and the provisions that they use for those booths? And since you cannot utilize the boat ramp during the Arts Festival, because that's all closed off, we allowed them to come in there only on the asphalted area. Chairman Regalado: Exactly. But the question was raised here the other day by Jack King, when he was opposed to the Home Show using the Seminole Boat Ramp, he said, the City is losing money. So, how much are we getting from the Arts Festival for that parking? Because it's closed. Because it's closed because of them. So, we're losing the regular revenues, right? Vice Chairman Winton: No. Because we can charge -- do you charge by the day there? There're no meters. Chairman Regalado: Yes, there is. 170 January 10, 2002 Vice Chairman Winton: Oh, there are? Mr. Rollason: Yeah. Yeah, yeah. Chairman Regalado: Yes, there is. Mr. Rollason: That just started this year. Chairman Regalado: Yes, there is. There are meters there. Art Noriega: Art Noriega, Miami Parking Authority. There's a master meter there. It's an eight dollar ($8) flat rate for 24-hour use. So, if we were going to charge the Arts Festival, it would be on a per space basis, based on the number of spaces in that lot. Vice Chainnan Winton: Wow. Mr. Noriega: They're going to take the whole lot. Vice Chairman Winton: But -- Mr, Noricga: Or a compromise. But, I mean, you know, there is a charge there. Vice Chairman Winton: But that is not my motion. My motion has absolutely nothing to do with the Arts Festival. My motion has to do with the motion that we passed two weeks ago or three weeks ago, or whenever it was, relative to the Home Show. And there's a world of difference. So, my motion has nothing to do with the Art Show. Chairman Regalado: OK. We're going to vote on that. But I like to have somebody or myself - - I'll give you the chair -- to introduce a motion to charge the Coconut Grove Arts Festival for the use of tliQ Seminole Boat Ramp during those days. Vice Chairman Winton: Well, I have a motion on the table already. Chairman Rcgalado: I know. Go ahead. No. We've got to vote on that. But Commissioner Sanchez wanted to say something. Vice Chairiiian Winton: He doesn't understand what the issue is. Chairman Regalado: No. He does. Commissioner Sanchez: Now for point of clarification, there was a motion that said that only Coconut Grove Arts Festival could park there or there was -- Vice Chairman Winton: The motion that I introduced was simply to rescind the motion that we all passed at last Commission meeting, which allowed the Home Show to take over the Seminole 171 January 10, 2002 boat ramp parking area during the Home Show, which effectively closes the parking ramp down. So, the people who want to go fishing and doing all that thing would have no access. Chairman Regalado: And we did that motion -- Vice Chairman Winton: And it wouldn't normally close down. Chairman Regalado: And we did that -- Johnny, and we did that motion predicated -- Vice Chairman Winton: Right. Chairman Regalado: -- on the fact that if the community had feedback, he will bring it back. This is why he's bringing back. Vice Chairman Winton: Right, And I had lots of feedback. Commissioncr Sanchez: And, Mr. Chairman, just -- Chairman Regalado: Go ahead. Conimissioner Sanchez: Does the Arts Festival -- it's allowed to park there during the Arts Festival? Vice Chairmau Winton: Yes. And the Arts Festival takes over -- the public can't access that whole part of South Bayshore. All of Bayshore Drive is closed down. You can't access it during the Coconut Grove Arts Festival because that's where the artists are. So, there's a world of difference. With the Home Show -- so, there is no alternative for the Coconut Grove Arts Festival, Commissioner Sanchez: I understand that so far. Vice Chairman Winton: For the Home Show, there's many alternatives. We've come up with an alternate parking plan for the Home Show that works for the Home Show and doesn't then force us to take the boat ramp out of circulation just because -- if they had no other option, that would be one thing, but they have other options and we've addressed the other options. They're satisfied with the other options. We're going to use the other option. With the Arts Festival, there try no other options. Conimissioner Sanchez: Are they satisfied with the other options? Vice Chairman Winton: Yes. Commissioncr Sanchez: Because if you're going to do it far one -- I mean, to say one thing -- Vicc Cluairman Winton: No. They're very different. 172 January 10, 2002 Conimiissioncr Sanchez; I understand. Because it's blocking and they can't get in. Vice Chairman Winton: Right. Commissioner Sanchez: OK. But they're satisfied with the others -- Vice Ciiairmzan Winton: And if there were some other options for the Arts Festival and that street weren't blocked off -- if the Arts Festival started down here further and that area was only blocked off just because they're using it for parking, I'd say no to them as well. Conmiissioner Sanchez: OK. Vice Chairman Winton: But that isn't the case. Co.nwilssioncr Sanchez: All right. All right. Che,;,­1aa Regalado: OK. There is a motion. But you know, we have to remember -- and this is on i record -- that the City is losing money, and that part of the corporation of the City of Mia ; ; i to the Coconut Grove Arts Festival is not getting a revenue of several hundred dollars or thouE ;iii is of dollars because it's eight dollars ($8) a flat rate, 63 spaces for three days. Vice Chairman Winton: Well, I can assure you, Commissioner Regalado, if the Art Show goes aw.MN', you want to see how much money goes out of this City? Ch:! i na Regalado: Well, let me --but let me say something. Vic 'hairmian Winton: In terms of all the hotel banks that are filled up and the restaurants that are ;cc] up, that amount of money pales in comparison to the three dollars we're going to lose in pari 11e1 -C, Ch,.i'X pan Regalado: I'm just saying -- Vic. , ' 'hairnian Winton: They're not the same issues. Ch- an Regalado: No. They're the same issues. Because you know what? There are 125 me- inls from the City of Miami, from this municipality of Miami, that are participating in the Hor Show. So, what I'm saying is, we should -- I am in favor of the Arts Festival. In fact, the Cit 'could be more involved. But the City should also should support every event that brings pee- to the Grove, and we should accommodate the Arts Festival and we should accommodate the '. )riie Show. What I'm staying is, you know, at the time that we announce what we donate to the Festival, that we include -- Vic ' rmirr»an Winton: Oh, I don't disagree with that. That's right. Oh, I didn't understand it. Ch i rein Regalado: That's what I'm saying. 173 January 10, 2002 0 Vic, Chairman Winton: No, no. I agree with that. Ch:- >>an Regalado: That's what I'm saying. Co, �,sioncr Sanchez: Are the people that participate in the Home Show, they're mostly local pec Vic :hairnian Winton: I don't think people fly in from all over the world and drive in from all OVL .,ie country to go to the Home Show here. You know, because there's Home Shows all over the : ace. Co, :;ssioncr Sanchez: So, it's a local thing? Vii :.airman Winton: So, it's more --the attendees are basically local. Now, many of the vel may he from, I'm sure from other parts of the country that are promoting their furniture and ;Ir h011se wares and all that stuff. So, there's clearly --now, don't get me wrong. The Hopi Show is a great benefit, just as he said. Cis: pan Regalado: All I'm saying, Johnny -- all I'm saying, Johnny, is that we need to support ev, - )ody. Vi( haimian Winton: And I don't disagree with that statement, at all. Coy '�sioncr Sanchez: And, Johnny, parking's aproblem in Coconut Grove. Cl pan Rcgalado: Call-- all in favor. Vi. 'liairin�in Winton: We got the parking solved. CI, i:Ln Rcgataclo: All in favor of the motion say "aye." Tl mmission (Collectively): Aye. Cl!;an Regalado: It passes. Tl . allowing resolution was introduced by Vice Chairman Winton, who moved its adoption: RESOLUTION NO. 02-42 A RI -_SOLUTION OF THE MIAMI CITY COMMISSION RESCINDING, IN ITS LNTIRETY, RESOLUTION NO. 01-1279, ADOPTED DECEMBER 11, 2001, WHICH PERMITTED, ON AN ANNUAL BASIS, VISITORS' PARKING FOR LIGHT VEHICLES AT THE SEMINOLE BOAT RAMP PARKING AREA AND PROHIBITED TRACTOR -TRAILERS OR DELIVERY VEHICLES DURING THE COCONUT GROVE HOME DESIGN AND REMODELING SHOW. 174 January 10, 2002 • • (H allows body of resolution, omitted here and on file in the Office of the City Clerk.) Up n being seconded by Commissioner Sanchez, the resolution was passed and adopted by the fol1 )WI, ng vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. 175 January 10, 2002 Chairman Regalado: So, we have to make a decision. Bus Benches or CII' (Capital Improvement Program). Let's do the bus benches. Do we have people from the bus bench here? You do. Oh, OK. So, we have more for the bus bench than issue -- than for the CIP. CIP will be taken a little later. Is that OK with you? Commissioner Sanchez: What are we taking up first? Chairman Regalado: Bus benches. Commissioner Sanchez: Let's do it. Chairman Regalado: OK. Madam Manager, Frank, bus benches issue. Commissioner Sanchez: What item is that? Frank Rollason (Assistant City Manager): Thirty-two and thirty-three. I have up here, for the public, copies of these documents that you can have that are the synopsis of the meetings that we had with the public, and I'll just set them up here and you can help yourself. This is the same package that you have in front of you, Commissioners that we passed out. What we did was, the package that you -- all right. Let's go back to the beginning. At the last Commission meeting, we were directed to go out to the public and have meetings in the public areas, in the different communities, prior to this meeting, and discuss the issues dealing with advertising and bench design, and we did that. And the meeting that we had in December was on December 13th and when we started to schedule the meetings, it became rather apparent that, if we continued at the rate we were doing, we'd be into the holiday season and then we would have people coming before you that may have felt they were -- right there. You have -- all right. Here's another one. So, what we did was, we held off on the meetings until after the first of the year, and we held the meetings between January P and yesterday, we ended up January 9`h. What you have is the comments from the different communities that we met, and what the Commission has highlighted are those comments that were recurring at different meetings. So, it was a yellow one, you'll see the same thing with the other ones. You can pick up on a little bit quicker that way. We had the meetings. We took the input. We told the public that there would be this public hearing today at a time certain, which is pretty close to what we had said, and that they were welcomed to come here and speak what their positions were dealing with those issues and, other than that, unless you have some questions of me, I'm ready for you to listen to what the public has to say. Chairman Regalado: OK. This is a public hearing, and indeed the public is invited to come forward. You have to understand that we have also another very long item, which is the CIP, but 176 January 10, 2002 we are willing to listen to anybody who has something to say about the bus benches contract. I would just ask you to limit your ideas to about two minutes and that's the regular time that we use. If you need more time, we'll just accommodate you. So, Ted. Ted Stahl: My name the Ted Stahl, 2567 Day Avenue. Good evening and thank you. First, I would like to thank Mr. Frank Rollason for taking the time to visit the various areas and get their comments. 1 do not know if you have this at your -- Mr. Rollason: Yes, I do, Ted. That's what we've got. Chairman Regalado: Yes, we do. Mr. Stahl: All right. Thank you. All right. I have been involved with the bus benches as long as the news racks in this community and the waste receptacles, and what we are concerned about is that, in the Coconut Grove area, as Commissioner Teele mentioned at our last meeting, that bus benches are needed. There is no question that bus benches are needed in our community and communities around us. I'm standing here this evening concerned about the particular area that I live in, and there are probably other people representing the other areas, but what we are concerned about is -- in Coconut Grove is that a planning study was done for this community, which the City spent a great deal of money, and it was done by Duany, Plater-Zyberk and Company, and I gave you a shelter that is in the planning study of this community, which includes banner poles, bus benches, trash receptacles, that have been planned for this community as we progress, and now we're being faced with a different type of bus bench that is objectionable and not appreciated by most of the community in Coconut Grove, and from the comments made by Mr. Frank Rollason to you, is that there are other people concerned about the advertising and the limited areas of Biscayne Boulevard and even in Allapattah, in several areas. I'm going to take more than two minutes, but I am speaking for three different organizations. Chairman Regaiado: You can. But, Ted, you know the system and you know the government and you understand that bus shelter is a different contract from the City. I mean, you know that bus shelter has another -- the City has another company. It's not about bus benches. Mr. Stahl: But what we're concerned about, sir is bus benches that are coming. The people of this community and people of City of Miami want shelters, not just the bus benches. They need protection from the sun and rain, and that is stated right on this -- these various meetings. What we're concerned about in Coconut Grove is, we have enough advertisement and the only areas that you're going to make your money is on advertisement and each one of these bus benches shows -- and I think a size of four -by -six illuminated panel. In some areas, you can't even put it. And my other question here is -- we're very concerned about is, you've got existing shelters. Are those new shelters that are coming in by the new bus bench, are they going to replace that or are they going to come in and put a bus bench next to another bus bench with advertisement on it? We're concerned about these issues. Commissioner Sanchez: Well, let's answer that one. Frank. 177 January 10, 2002 Mr. Rollason: Our position is, is that every one of these bus benches will be permitted individually; they'll submit a set of plans, and we're not going to issue permits to set a bus bench next to a shelter. Commissioner Sanchez: OK. Mr. Stahl: All right. Commissioner Sanchez: Does that answer your question? Mr. Stahl: In a way. The three major items in all of the seven various places that he went; all of the people are requesting shelters. Look at your forum. Maintenance and upkeep. That is extremely important, and that all seven are requesting some control of the City to maintain these bus benches and they're -- all of the shelters that are existing now have problems, broken glass, graffiti, run down by trucks, and there are three stations on Biscayne Boulevard that have been damaged by cars that have been sitting there for three months. The most important thing that we're all concerned about is the funds collected. You are now placing this responsibility in a department, which is Public Works, who is overburdened at the moment and cannot even take care of an ordinance that was passed six months ago. You're now placing these responsibilities on Public Works. You have just lent, left or reassigned one of our saviors, which was Mr. Hernandez. He is gone. He was god for this City. In community, he knows the law. He answered our needs for telephone booths, our waste paper receptacles. He was here. Now we've lost him. And this department doesn't have sufficient -- if you're going to collect a million dollars ($1,000,000), which we don't think you're going to collect that much, that monies be set aside to hire the proper necessity of people in this department because it lacks the personnel to run the department. You have over a thousand applications for news racks that are six months old that haven't even been approved. I realize that they have just assigned someone, but they have to train them and now you're placing this burden on Public Works. They need the staff. They need it badly. And when you make your agreement or consider this, that you supply this department with the personnel to keep these bus benches clean, in order, the proper advertisement, the proper location, and above all, the proper maintenance, because they are a disaster. Chairman Regalado: Ted, thank you. Anybody else? Your name, please. Wanda Ferguson: Yes. My name is Wanda Ferguson. I live at 1115 Northwest 50'x' Street. I will support the City's negotiations with Sarmiento for the bus benches, but also would you please send them back to the community for further design discussions with the community for the bus benches? Chairman Regalado: Thank you. Frank. Frank Belzebre: Yes. Frank Belzebre, 3925 Park Drive, President of the Coconut Grove Civic Club. Two issues that I have a problem with. It's the lack of input that the community had into the thinking and the design and the creativity of the bus benches. We had a presentation by staff last week. It lasted an hour. We learned a lot of facts we weren't aware of. We still have more 178 January 10, 2002 questions. I think it would be opportune time and proper time to give us more time to delve into the issues with staff. We have legislative tools we don't even use. We have a Coconut Grove Planning Study, adopted by you all in 1999. We could use that to support the character of the benches. We have a Coconut Grove Street Scape Plan, a work in progress. We could use that. But none of these subjects are being tapped into. So, we have the support legislated by you. Let's use them. Let's use them to the design of the bus benches. We're not against the bus benches. Where and how they're going to look. The backed up panels. I understand there won't be any intrusion into the neighborhoods. That's great. Now we're talking about the business district. Will there be protrusions into the right-of-way? Is it a public safety problem? These are the questions we need sorted out before we make a final, final decision. Commissioner Sanchez: Have we not had the opportunity to answer these questions in all these community meetings that we've had? Mr. Rollason: We have. Again, our position is that each one of these will be permitted individually. There will be a set of plans that will be submitted. They will have to be ADA compliant. They will have to meet clearances to get around them on the sidewalk, et cetera, et cetera. Commissioner Sanchez: None in residential areas? Mr. Rollason: R-1 and R-2, and not the scenic corridors, except for Coral Way, which is a commercial area. That is correct. Carlos Gimenez (City Manager): We also pledge that we will be using the planning studies in order to -- when we're designing the benches because we have maximum flexibility with the company to put different designs in different areas. Then we'll go back to the community and give you a pick of -- after we get those documents, to say what is it that was originally planned? Can we come to something either identical or is close to as possible and then go back to the community and make sure that it fits your needs. Mr. Belzebre: And that's great. And what's the mechanism? How do we control that? What assurances do we have that it gets done? Mr. Gimenez: Well, because we will be following the plan. We'll be using the architects of the company, then we'll come back and go to community meetings, like we've established now, and get your input. Mr. Belzebre: OK. Chairman Regalado: Thank you. Anybody else? Heikki Talvitie: Hi. My name is Heikki Talvitic. I reside at 1245 Northeast 8151 Terrace. I'm president of the Upper Eastside Miami Council. And staff has done, in our opinion, a very good job on negotiating the contract. They bring good jobs over there. But we have a problem on a larger scale. We want to create a city, world-class city, and we want to have a street furniture 179 January 10, 2002 that is good for the bus -riding public and is appealing to everybody. And the obstacle seems to be the bus shelter contract that has couple years to run, in order to combine all these things together and have a comprehensive street furniture plan. So, we -- you all got a fax this morning, I suppose, from us, from our resolution, what we suggested, that you would defer that and perhaps have the Manager look into it, how long they have -- they haven't looked into it really. If they can get rid of the shelter contract somehow or we wait until it runs out or we buy the contract off and then go to a comprehensive street furniture, which meets all the neighborhoods that they want shelters. We know everybody who happens to be riding on a bus; it's hot, 95 degrees. You don't sit on a bench. You go underneath the awning of the business that's next to it. Or it rains. We need to have shelters, and they don't need to be those big boxes that they have today. There are lots of different designs. These should be combined because if you don't combine, when the shelter contract comes up, "Oh, we can't deal with the benches now because we are stuck with the benches," and it keeps rolling on, rolling on, continuously, and we never got to the comprehensive street furniture, street scape look that we need in the City. Thank you. Chairman Regalado: Thank you. Yes. (APPLAUSE) Chairman Regalado: Let's continue with the public hearing. Mr. Belzebre: Did Frank want to respond? Chairman Regalado: No, no, no. Mr. Belzebre: He stepped up to the mike. Mr. Rollason: Oh no you go ahead. (UNINTELLIGIBLE) you guys. Chairman Regalado: We're going to listen to the public and then he'll respond. Ron Nelson: Thank you. My name is Ron Nelson, 2535 Inagua. Ditto to what he said about bringing the plans together, if you move forward with this plan, then, in two years, when the shelter plan comes about, you've got this plan enacted, so you're always overlapping. You're never starting something new. One of my issues -- it sounds like a good plan, what he's tried to do. It's a shame, I think, though. I hate to see more advertising on our streets. We have enough, I believe. The bus benches that are out there, that apparently your current company is in default on, I wish I would have just seen you take those benches, spray paint them white, put a City of Miami emblem on them, and you would have bus benches at all of your bus stops because, apparently, they owe you a lot of money and you're going to have to haul these benches away or your new vendors are going to have to haul these benches away. It's a shame you just didn't take them. My next problem is that I'm sure this advertising is going to be on the busiest streets, like we currently have with the bus benches, and I'm afraid that you're going to have every other block, all of these lighted billboards because this is the -- it's a bus stop; it's legal; they're going to get it permitted; it's going to be Biscayne Boulevard; it's going to be a row of lights. You know, all the other major roads, 27th Avenue. The major roads that you get a lot of traffic on, 180 January 10, 2002 and you're not going to see advertising or anything in the areas that are not as well traveled or not traveled by more spending public, so I hope you make them spread these out rather than lumping them together in areas where there's high traffic. And I think for the public that's here and haven't heard, I would like to have Frank tell people again how many benches there will be with advertising and without advertising and how he's going to spread these benches out. Thank you. Chairman Regalado: Go ahead. Yes, sir. Name and address. Torn Boyce: Torn Boyce, 1794 Opcchee, here in Coconut Grove. I'm building a small hotel at the corner of 27th and Tiger Tail, and very familiar with the Coconut Grove Master Plan and hope that these bus shelters could tap into all the work that's been done there. I'm for bus shelters. A lot of my employees are going to be needing them and using them. I have two that are on my property there. One on 27th; one on Tiger Tail. If you combine the advertising -- if those become lit panels, they'll have more advertising on those two shelters than I'll have allowed on my SD -13 property for my hotel. Also, I've seen this happen in Toronto where, OK, first it's just one panel on them and then the next year they come back or two years later, you need more money, so now there's a panel on the other side, and it just keeps growing, I have seen, with dismay, the difficulty that this powerful board has had in dealing with the billboard industry here and I really don't think it's going to be any different with these sign companies that are really sign companies. They're not in the business of putting in bus benches. They're in the business of putting in signs. So, I hope that you strongly reconsider this and listen to the community and stop this advertising. Thank you. (APPLAUSE) Steve Hagen: Steve Hagen, 725 Northeast 73`d Street. I'm glad to see that Commissioner Teele is wearing a red tie today. I don't know if he knows what it's symbolic of, but the people that are coming here today wearing red because the maps that the administration have shown -- have drawn up show that the majority of the City, all the bus routes are blue. The red areas are some residential areas that would not get bus stops with advertising. So, that's what that's significant of. Red indicating to you to stop this issue now. At least slow it down. That's the reason I wore yellow. Slow the thing down. Send it back to the residents, the neighborhood groups, so we can have proper input. This morning you were talking about the redo of 27th Avenue. I just caught portions of it. I was delighted to hear that you all were talking about involving citizens, doing the thing that you should do in terms of urban development, and we want you to do that on this issue. Today we could be celebrating a plan that truly provides more bus shelters and improves the look of our streets. Instead, many dedicated residents are taking the time from their day to tell you what should have taken place in advisory board meetings and in community meetings prior to the City signing an agreement. As I understand it, the City has a Beautification Committee and Beautification Board, and I'm not quite sure why there are two. As far as I know, neither were included in this bus bench issue. I call it an issue because there was no process. Residents were only informed about the plan after a contract was already signed. People in my neighborhood and other neighborhoods are very disappointed. I asked several people to come here today and many said forget it. The Commissioners are going to do what they're going to do. The contract's already signed. The immediate debate is about the need for bus benches, bus shelters, trash bins and the use of our streets for commercial advertising. I attended four of the 181 January 10, 2002 six meetings that the administration had, and I must congratulate the administration on the list that they provided you. It was very comprehensive of what, you know, the various issues were on this. Many concerns are voiced and I have summarized those concerns, which I faxed to you this morning. It is clear to me that there are many details of this contract which are unclear and cannot be decided here today. I am asking you to appoint more residents to the existing Beautification Board or the committee and for them to have further involvement with each NET (Neighborhood Enhancement Team) area. Charge them with coming back to you with a plan that truly serves our bus riders. Our sidewalks are a huge public asset. Some questions the Commission or the board that you might assign this to must be answered. Do we want to use our public spaces, including sidewalks, for commercial advertising only? How much of our public space should be used to provide information about public institutions, such as our museums, performing arts organizations, and educational facilities? I suggest that you create a Public Information Advisory Board, in tandem with the bus bench issue, to answer the above questions and to plan how best to use our public spaces and public access Channel 9. You were speaking about the information earlier this afternoon about the Tower Theater. Well, I believe that the information should come to this City and that the City should make that available, perhaps on Channel 9, but these are issues that a Public Information Board could deal with. I could go on, as you all know, from my faxes that you've received, but I'lI conclude. Chairman Regalado: Do we know that. Mr. Hagen: One final paragraph. Chairman Regalado: Do we know that. Mr. Hagen: Please remember the process of good urban planning. Pay attention to the entire -- to the cities that the -- City has already spent money on, all over the City. You've done various charrettes in different studies. Build on the success for Bicentennial Park and Virginia Key, which involved residents from the very beginning. Remember all of the above on this issue and any future issue, which involves changes to our urban environment. Let's keep Miami moving forward and not take a detour. Do not change this bus bench ordinance, which allows the current contract to go through in its present form. Thank you. Chairman Regalado: Thank you. (APPLAUSE) Chairman Regalado: OK, sir. Name and address. Rafael Velasquez: My name is Rafael Velasquez. I live on 1508 Bay Road. I'm an attorney here in Miami -Dade County. Vice Chairman Winton: What's your address again? Mr. Velasquez: 508 Bay Road. 182 January 10, 2002 • 0 Chairman Regalado: That's Miami Beach. Mr. Velasquez: Correct, Miami Beach. When I heard of this issue, one thing became very clear to me and that is, people want to be consulted before government acts, and people, as we see here in the comments of the public hearings and in the conversations that I had with citizens, most of them feel that government has done something behind their backs. They want to be consulted before government acts in any sort of way that it impacts their lives. Most of them told me also it would be very good idea to have bus shelters and facilitate specifically old seniors, you know, that come there and use the public transportation system, and want to be accommodated. But nevertheless, what we provide citizens, residents with benches that is a halfway solution to the problem. That still exposes them to rain and still really provides no efficient solution in this kind of climate that we have here. So, what I would propose and what I think the public sentiment is, is involve the people. Have open forums, as you begin already, you know, and delay this enactment of this ordinance to find public -- more public support for it. Furthermore, you should consider the impact that the advertisement industry will have through this ordinance, through this particular policy that's going to be enacted. Imagine, all these billboards for the street and advertising affect that it has, specifically as in political campaigns. It might be for you politicians and legislators. It's very important to note, if they specifically like one politician, this politician is going to probably be on all benches all over Miami, and who wants to support that? Chainnan Regalado: Well, if they pay for it. Mr. Velasquez: Thank you. It depends. Maybe they don't like the opponent. Chairman Regalado: It doesn't matter if they like you or not. If you have the money, you get the -- go ahead, sir. Bruce Reep: Bruce Reep, 3530, East Fairview Street, Coconut Grove, long-time resident here. I'm sorry that we're not getting the presentation a little bit first so that you all could be seeing. Of course, you probably have already seen them, the pictures of these benches with the big signs sticking out. The grove area, Coconut Grove area, as well as some people on Brickell, but particularly Grove, has fought for long and hard regarding the wastebaskets from our poles -- you name it, everything obstructing on our poles and sticking out into the sidewalks. Well, the blue areas that they've marked also shows Bird Road and 27'h Avenue. We don't have sidewalks there. So, you have walking along the side of the road with these big obstructions that stick out. Yes, I do realize that you need advertising. Somebody's got to pay for the bus benches. But the idea of it sticking out at a 90-degree angle or whatever angle -- and, yes, the argument will be, "Well, we have the right to" -- the City has the right to decide which ones go in and which ones don't. These big obstructions that stick out are going to be hampers for people that have to walk around. Bicyclers, get off the road because the traffic's so bad on 27t�Avenue and Bird Road. There is no sidewalk, But the other thing is in the Grove. Try to walk down the sidewalks in busy times down there. We fought the Jumbotron. We fought the (UNINTELLIGIBLE) space for baskets and every other sign that they were trying to hang from the poles in the center Grove. The Center Grove area is one of the areas that's being allowed, plus Bird Road and 27th, and the center Grove in the commercial district, people can barely walk now. It's not safe. The reason 183 January 10, 2002 we fought the Jumbotron was the safety issues, OK? I know we need to make money. Mr. -- Commissioner Winton said that he wanted to hear the community -- and I hope Frank will bear it out that, at these meetings, the community in the Grove do not want these, nor do they on Brickell. Thank you. Commissioner Sanchez: Mr. Chairman, Bruce. Chairman Regalado: Yes, sir. Mr. Reep: Yeah. Commissioner Sanchez: As we go forward and you present your concerns to us -- Mr. Reep: Right. Commissioner Sanchez: -- the responsibility that we have is to make sure that those concerns are being addressed. You said that when these signs -- these bus benches are put or the advertisements are put out, people will be forced to -- Mr. Reep: Walk around. Commissioner Sanchez: -- walk around and go into the street? Mr. Reep: Go out into the street or go up deeper into people's yards because those are -- Commissioner Sanchez: OK, OK, OK. Wait, Mr. Reap: All right. Commissioner Sanchez: Mr. Rollason, sir. Mr. Rollason: It's not the case. Our position is, as I've stated, is that each one will be permitted individually. There will be a set of drawings, engineer drawings, where it's going to be. Public Works will review those, and they have to be in such a position that the sidewalk has what the clearance is supposed to be. One of the things we allowed in the ordinance change is to be able to have the bus benches at a little bit of an angle, up to 30 degrees, which would allow us to change the angle of the signs so you get more of a N" type of an effect, rather than a 90 coming across the sidewalk, so that we could try to adjust in some of those areas where we have that particular problem. But, clearly, if they cannot fit the design into the space that we have -- Commissioner Sanchez: They will not be permitted. Mr. Rollason: -- then they will not be permitted. Mr. Reep: OK. I'd love you all to show it to the -- allow the public here -- be nice if they could see these -- what was shown to us. 184 January 10, 2002 • 0 Mr, Rollason: We have the -- Mr. Reep; All right. It would be nice if you'd show everybody how much they do obstruct. Thank you. Thank you, Mr. Sanchez. Chairman Regalado: Thank you. Any -- go ahead, sir. Name and address. John Holcombe: Hi. John Holcombe, 2512 Swanson Avenue in North Grove. I'm also the secretary on the Coconut Grove Village Council. As a way of trying to gauge public opinion in the Grove and representing viewpoints of people who couldn't attend today, the Village Council conducted a brief poll over the Internet. It's not scientific, but we did collect the opinions of 26 residents who couldn't be here. I'd like to share a brief summary of this poll with you now, and I could submit the results to the Clerk, if you'd like. They're also available on our website at Grove Council dot org. All participants in our survey are in favor of providing the best possible benches and shelters for bus riders, but only four of the 26 who responded were in favor of having advertising on the bus benches. Most agree that the benches are currently in a state of disrepair and need to be replaced, but the fact that the City of Miami will be paid a million dollars ($1,000,000), or will have a hundred back -lit boards from municipal use, did little to change the negative reaction of most people. Eighteen respondents wrote a viewpoint to be expressed to the Commission, which I'd like to summarize here, Residents do not feel that they had an adequate input into the contract and voiced their opposition to the City selling out for advertising revenue. In addition, many believe that the amount of space in the right-of-way is not adequate for the placement of the mini billboards, and that we should stick to the benches specified in the Plater-Zyberk plan and the Coconut Grove plan. Several residents spoke about the need to focus on the aesthetics of the Grove, what really drives property values and tax revenues for the City, and are against additional visual and light pollution. A few mentioned that they hope the advertising would be in good taste, and this is an interesting point because unfortunately, as the citizens for a Scenic Florida Organization point out, it becomes a First Amendment issue, and little can be done to control the content of the advertising. The last thing I'd like to say is that in the scenic corridor on Bayshore Drive, from Vizcaya to 27th Avenue, there are currently 24 bus bench ads illegally placed, and four shelters with posters on them. Thank you. Chairman Regalado: Thank you, sir. (APPLAUSE) Chairman Regalado: Anybody? Ma'am, name and address, please. Joyce Nelson: Joyce Nelson, 2535 Inagua. After meeting -- the residents met on the 27th of November of the Village Council and the Civic Club, and we had a discussion regarding this, knowing this was coming up. And no one wants to see the advertising the way it's proposed, with mini billboards, we call them. Then we met with the City staff on January 3rd and expressed the same concerns. We do not want these in Coconut Grove. I'm speaking only for my area. We don't want them, So, I decided that I should ride around and look at what exactly 185 January 10, 2002 we're talking about on the streets that they propose to put them on, that they legally could get a permit for, and I took pictures, which I'll show you, and I don't see any street in Coconut Grove where we can place these. So, if that's the case, then I'm comfortable, as long as we're not going to have them. OK? So, I'll pass the pictures along. You can see that these are on streets that currently have bus benches, there are no sidewalks or there's a sidewalk that barely fits the bus bench. So, these are just the common, everyday bus stops that we have today, and we don't want them. So, I'm going to pass these around so that you can see also that they're not going to fit. So, I assume, Frank, then, that they're not going to be there. That's my -- I want to be rest assured that we're not going to have them where they don't fit and we don't want the mini signs anyway. Commissioner Sanchez: Well that has already been answered. Now, getting back to what you said, ma'am, you don't want any advertisement -- Ms. Nelson: No. Commissioner Sanchez: -- on them? Ms. Nelson: None. Commissioner Sanchez: And the bus benches that are there now? (APPLAUSE) Ms. Nelson: We don't want them. And the contract makes provisions for bus benches without advertising. It's in the contract. I think there's six hundred of them or whatever, and that's the ones we want. We do not want any more blatant advertising than we already have. Chairman Regalado: Thank you. Bob. Bob Flanders: Happy New Year. Chairman Regalado: Thank you. Mr. Flanders: Here we are again. Gentlemen, my name is Robert Flanders. I live at 720 Palm Bay Lane. That's in the City of Miami, of course, and it is my pleasure to wish you all a Happy New Year. Miami is on the mend and the reason it's on the mend is because several years ago, we started to empower the neighborhoods. How did we do that? We started by really paying attention to the City boards and the committees, et cetera. We started holding an open and transparent process and it's been successful. In other words, you never get in trouble giving people what they want. Now, there are three main issues here with these bus benches. The first issue we keep hearing is reoccurring revenues. We know how important that is. Second issue is, of course, City beautification, and the third issue -- really the most important -- is, what are the needs of the bus -riding public? Now, in good urban planning, mass transit is very important. We're talking about infill. We're talking about making Miami denser. Gentlemen, this contract's going to run for fifteen years and, quite frankly, I think, by not having the community's input -- I 186 January 10, 2002 mean, we all know the community wants bus shelters, not bus benches. What we're doing is, we're getting the same amount of signage, as we would have with the bus shelter, without the shelter. Anyway, I would encourage you to not to stop the process, but just slow the process down, bring the community in. Perhaps, we need to revisit the bus shelter contract in this context. Thank you very much. Chairman Regalado: Thank you. (APPLAUSE) Chairman Regalado: Frank, just for the information of viewers and people present here, what is the difference in terms of permitting and in terms of zoning between the bus bench and a bus shelter? Mr. Rollason: Well, I can tell you that, in the contract that we have for shelters, they have not been able to install the number of shelters that they are allowed to do because the shelter company comes to us and tells us that they cannot find the locations in the City that will accommodate the shelter that they provide under the contract. They've told us two things: Number one, that they cannot sell the advertisement in the areas where they can put one. And number two, they tell us in the areas where they can sell the advertisement, they cannot accommodate the footprint of the shelter because of the requirements of the space and getting around with a wheelchair and the distance from the curb, et cetera, et cetera. So, it is true, we can put benches where we cannot put shelters because we do that throughout the City, from the size. The issue of what we can do with the shelter contract and how it can be revisited, I mean that's something we would have to -- Chairman Regalado: No, no. I'm just asking about the difference. Mr. Rollason: Right. Chairman Regalado: And the permitting process, is it different? Mr. Rollason: Well, the permitting process for the shelters will be much the same or for the -- these bus benches that are -- the advertising will be much the same as the shelters, because they have electricity run to them. So, they're going to have to go through the full permitting process, pull a building permit, you've got to get an electrical permit. They also have to put their benches through the Dade County Product Approval Process, along with the signage, to meet the wind load requirements. So, the process they're going through on these is entirely different than the bus benches that we've had in the past, where they just come and plop them off on the sidewalk. These all will be fixed, not just the ones with advertising, but the bus benches that are without advertising will be fixed also to the ground. Chairman Regalado: OK. Thank you. Ma'am. Suzanne Wheeler: Hello. 187 January 10, 2002 Vice Chairman Winton: Mr. Chairman, could I ask one more question about that? Chairman Regalado: Yes, sir. Vice Chairman Winton: Because I think there's an important issue here. When you read the comments from virtually every -- almost all of the areas that were -- where they had the public hearings, or at least 70 percent of them said that they would rather have bus shelters than bus benches, and this is an important distinction. If you can't -- if it's in an area where you need a bus stop because people who ride the bus are getting off and on at that spot where that bus stop is, the fact of the matter is, we can't put shelters in all of those bus stops. Is that yes or no? Mr. Rollason: That is correct, and that is according to the shelter that is provided to us under the current contract. So, that is -- Vice Chairman Winton: So, what that means is that, over the long haul, we're always going to have some combination of bus bench and shelter? We will not have all shelters all over the City Mr. Rollason: That's true. However -- Vice Chairman Winton: -- for bus stop spots? Mr. Rollason: -- the question comes on this contract is, when is a bench not a bench and when does it become a shelter? So, the issue is, is that if you look at the charrette that was held in the Grove and you look at the designs that came from that, they use the same bench in a shelter or when the bench stands alone, but they have a canopy that then is separate and affixed that goes over these benches. We cannot do that with this contract because we'll be in conflict with the shelter contract. So, as we get into the things further down the road, we may be able to do some kind of modification that has some coverage, but not the coverage that the shelters we have now. If you get a driving rain, you get some protection from the deep box shelter that we have. If you put a screen over the benches, once that were allowed, that say is three feet wide, you will not get the protection from a driving rain or when the sun happens to be not directly overhead that you get today. So -- Vice Chairman Winton: Well, I'm struggling more and more every time Steve Hagen comes here to agree with him. But I will have to admit that the point he made about our ability to meld these two systems together only two years from now is going to be hugely challenging and maybe not even possible -- Commissioner Teele: Johnny? Vice Chairman Winton: -- in this regard. Commissioner Teele: You know, Johnny, I haven't said one thing. This -- Vice Chairman Winton: Well, I just got to say something myself, you know. 188 January 10, 2002 i • • Commissioner Teele: But, Johnny, you know -- but, Johnny -- Vice Chairman Winton: So, this is my first question. I haven't said anything either. Commissioner Teele: But, Johnny, you know what's so frustrating to me? We're talking about this like we're dealing with something on Mars. This is not about what we're talking about. This is about the people who use buses, who ride buses. (APPLAUSE) Commissioner Teele: This is what this is about. And bus shelters and bus benches, with all due respect to what the Manager said, is a world of difference. Obviously, it's a world of difference. If I had my way, I'd say, let's take cars and let's make bus shelters in places all over this City where we have cars because you know what? The people who use cars need those parking spaces. The people who use buses need bus benches and bus shelters, and we don't need to have a tale of two cities here because something is not being said, Johnny, that's really, really unfair. This is not about street furniture. This is about maids who get up at five o'clock in the morning in Model Cities and take three buses to get to Key Biscayne, to be at work, hopefully, by 9:00 because we've got such a dysfunctional transit system. This has very little -- I'm very sympathetic. You know, I'm the one who asked for the public hearings. It's a -- Johnny, it's an example of "no good deed goes unpunished" in this town. We had voted on everything and I said, look, before we put this into effect, Commissioner Winton, I think there are some issues, based on neighborhoods that may not want to see advertising, that we ought to go out into the neighborhoods and do. Now, we're being told we rushed this down; they had no input, the public had no -- and it's very hurting because the subject matter is not what we're talking about. The subject matter is about transit -dependent people who have no cars, who don't have a way to get to work, who don't get to go to Publix or Winn Dixie, except on a bus. And there are people in this town, folks -- Miami is the nation's poorest City. I may not be -- well, if you read my financial statement, I'm probably a part of the statistic, too. But the fact of the matter is, we need to be very careful that this doesn't turn into a neighborhood -- about how someone's neighborhood values -- no, we don't want to diminish neighborhood values. Buses don't run through neighborhoods and interior streets. I mean, this is like -- the Bugger Bear is coming, when I was a kid. This is about transit providers. This is not about beautification. Yes, we should try to do this sensitive to the community and, yes, we should be sensitive and no, I don't think the values of Little Haiti or Overtown are the values of Brickell or Coconut Grove. I'm not foolish and I want to be a public policymaker that twitches, and tweaks and carves the public policy so that the people who live in the Grove, and the people who live on Brickell and the people who live in Little Haiti and Overtown all have a policy that they can live with. But it -- bus shelters are not practical as a means of public transportation in America. They are not practical. Bus shelters are like somebody's idea of a luxury -- and it can't -- you can't have bus shelters in 80 percent of the places that you're going to need to provide a place for people to wait and sit and stand and, obviously, they're in the elements. If you drive down Northwest 2"d Avenue, between the Design District -- 36`h Street and the City limits, if you drive down that and look at the people, you'll all cry, because mothers are there holding their babies, holding groceries. There's no bus benches or bus shelters. I mean, this is really -- I want to be sensitive 189 January 10, 2002 to the Grove. I want to be sensitive to Brickell. But this is about transportation. This is about how we provide a mode of transportation. If the people in the Grove want to do this, I'll support it. I mean, I'll support a prohibition of advertising in the Grove. I'm not -- but the way you -- the way you get to pay for -- (APPLAUSE) Commissioner Toole: The way you get to pay for bus benches is, somebody's got to pay for it. So, who's going to -- if anybody's got -- people who are transit -dependent, maids or health workers or health providers to the elderly, they come largely by bus. How are they going to get there? Do we really want to say they don't have a place to sit and wait? I don't mind putting a special overlay district for the Grove and let's just say that in the Grove there will be no advertising bus shelters. Of course, we've got to collect the money somehow with a special overlay to pay for whatever bus benches we have there, but I don't -- I mean, government should be sensitive to the public and if the public says we don't want bus benches or bus shelters, Johnny, we should give it to them, and I don't think we ought to frustrate people in their neighborhoods. But the point that I'm really concerned about, Johnny, is that we're talking about bus shelters that are totally impractical in 80 percent of the venues in America. From New York to -- to California, it doesn't work. And it's no need of talking about merging bus benches and bus shelters. I mean, that's just la, ]a, la, la stuff. It doesn't work, Johnny. Vice Chairman Winton: Well, except, it isn't la, la, la, la stuff. The fact of the matter is, that whatever we do in the public right-of-way ultimately has an impact on how your community feels, how your community's attitude is built, how the community feels about itself and its neighborhood. So, these are public right-of-way fixtures of some sort. They're practical fixtures. They're not impractical fixtures. They're very important fixtures because, as you just said, Commissioner Toole, the people who really use them aren't the people in here complaining about them. I'll bet there's not a soul in here that rides -- we got one that rides the bus. Most of us don't ride the bus, and I'm not sure I'll ever ride the bus. But the people who live in the poor neighborhoods, who don't have a car, who do get up at five o'clock in the morning, they need and deserve a place where they can sit and, frankly, in every spot, in every creative way we can figure it out, we ought to give them a shelter, not just a bus bench. (APPLAUSE) Vice Chairman Winton: But they become part of our urban fabric. They become part of the look of Calle Ocho. They become part of the look of 2nd Avenue, Martin Luther King Boulevard, of Bayshore. And the one thing that I really take my hat off to this entire Commission, since I've been here over, is the fact that we've really paid attention to those kind of details from day one and we've done a really good job of it, and it's part of the reason why Bob Flanders says, "You know, Miami's on the mend," and we are on the mend. We're making huge progress, but it's because we're paying attention to these details. I'm not sure I have the answer to this dilemma yet, but I'm going to go back to the point I was making about just trying to meld these two pieces together. I think, in the long-term, Commissioner Teele, we do want to figure out what kind of street furniture that's practical furniture that people are going to use, what it's going to look like in our neighborhoods? And on these bus benches, whether it's a shelter or a 190 January 10, 2002 bench, it becomes a piece of the street furniture that's very practical, and over the long haul, as I said, we want every one of these benches to ultimately be -- if we can figure out a creative way to do it -- not to be a bench but to be a shelter, in fact. All of those that are practical, that are for bus stops. There will be street furniture we're going to put on some of our streets that are for you and me as we're strolling along there, having a cup of coffee to sit down on, but the ones that you're talking about, where people are using them to come and wait for the bus, as far as I'm concerned, every single one of those, if we can figure out how to accommodate it, ought to be a shelter. Now, that gets right to the heart of this point. What we're about to approve is a product here that we're going to approve for fifteen years and it needs to be fifteen years because it's a major capital investment for this company that I think has worked hard to get where they are, but it's a major capital investment and it's not going to be modified two years from now, when we go back out and re -issue an RFP (Request for Proposal) for bus shelters and relook at how that whole process works. So, you know, I'm not one for hanging things up because I can tell you, looking at those pictures there, what we have now, is absolutely pathetic, but I would hate to take the step now -- like I said, I don't know the answer yet. I'm -- you know, I'm still kind of searching for where the right answer is here, but I would hate for us to make the decision today that locks us into the wrong decision for fifteen years. (APPLAUSE) Vice Chairman Winton: And I think where we are has potential to do that. There must be a compromise here, some way or another, where we can kind of begin to move some sort of process forward that is a process that can begin sooner as opposed to later to change the look and get rid of those stupid awful things we have now -- you know, I don't want to throw the baby out with the bath water here, and I know that everybody wants us to -- you know, let's -- or some people want us to just stop and wait for two more years and I'm not saying that at all. But I am saying that we probably do need to regroup at least a bit to figure out what kind of plan we can develop that will allow us to create a Comprehensive Plan that will be implemented over the series of the next three or four years that will best meet this community's needs and create the kind of environment we're all looking for in all of our neighborhoods. Chairman Regalado: Thank you, sir. Commissioner Sanchez. Commissioner Sanchez: Mr. Chairman, after hearing all the debates here -- and it's informative debate. Let me just say: Commissioner Teele said that, you know, we are the poorest city in the nation. We sure don't have to look like it, all right. And, right now, if you look at the bus benches -- (APPLAUSE) Commissioner Sanchez: -- it's incredible. Miami should be a cosmopolitan city, and I think that what this Commission, along with the administration, has done in the last four years is commendable. We have focused on quality of life issues. I mean, they could laugh about the pooper-scooper. I think it's a great ordinance, OK. It really compares us with great cities throughout our nation. 191 January 10, 2002 Vice Chairman Winton: We passed that ordinance earlier today by the way. (APPLAUSE) Commissioner Sanchez: But if we focus on what we're doing here, I wish that we could just go back in time and look at the City and the infrastructure and start from scratch. Things today would be much, much easier. But we don't have that ability. We're here today to deal with what we have and when you look at the structure of some of our cities -- you know, 80 percent of the places we can't put bus benches -- bus shelters. We would love to do that because we do have a lot of people in our community that use the bus to get to their work, and as Commissioner Teele stated, there are people that wake up at five o'clock in the morning to go and work and earn a decent living, and probably cleaning some of your homes, and these are the people that use the bus shelters. There's a lot of concern -- and I sure don't want to, you know, fast track this down anybody's throat, but if we look at it and we sit back -- everyday that we sit back and do nothing, we have these bus benches, and you know who to blame? It's the past companies that didn't live up to their standards, that didn't care, that allowed their bus benches to look horrible, who didn't clean them. And a lot of the concerns that are brought forth here today are brought by people that care about a community. You're here talking about this issue, it's because you care about your community. But a lot of the concerns that were brought forth have been answered by the administration. We've had community meetings. We listened to your concerns. We want to do whatever we can, But when you sit back and say, hey, you know, we're not going to put advertisement. Well, hey, listen, government can't take care of all the problems. Somebody needs to pay for these bus benches because we sure can't do it. We can't put every bus bench out there -- every bus shelter out there, so we have to rely on advertisement. You know, hey, you don't like advertisement? You know, I'm sorry, Advertisement is part of the world. Turn on your TV everyday. You know, nothing gets done without advertisement. You know, when you spend two million dollars ($2,000,000) for a thirty second slot on Super Bowl game, that's advertisement. But we want to be sympathetic to an issue that's very sensitive. A lot of the concerns were brought forth and I had that concern. I'll tell you about my district. We had a meeting in my district. You know how many people showed up? Three. Three people showed up at that meeting. We're going to have another one and hopefully we'll get more people out there. But their concern was, "You know what? Anything's better than what we have." That was it. And I'm not going to put Little Havana against Little Haiti or Little Haiti against the Grove because we don't want to do that. I think that if we're able to work an agreement, which I think could be worked out to where -- not everybody's happy because, believe me, there ain't no way everybody's going to be happy on this issue, but if it's acceptable by the different neighborhoods, I'm willing to do that. I'm willing to do that, but I can't allow this to say that Coconut Grove is better than another part of the community. I mean, we can't do that. We either have to put them all the same way or don't do them at all or maybe change them around a little bit and that will be determined by us and, of course, all the meetings that are going to have forth with the different homeowners. But at the end of the day, we're going to make a decision that you're going to either have to agree with or disagree, but I guarantee you this much: It will be in the best interest of the City, and I'm willing to hear your concerns and that's why you're here today on this meeting. 192 January 10, 2002 • • Commissioner Teele: Mr. Chairman, I want to be clear on one point, the point that we left off in December, when I asked -- and the Commission agreed -- to go out and have public hearings. I support blackout areas or -- and I don't -- I said I don't want to use "blackout," but I support banning of bus advertising in certain unique areas where there may be a justification, neighborhood concerns or, in my opinion, a valid -- the issues that, Ted, that you -- that were being raised, the issues of neighborhood redevelopment or neighborhood development and beautification are, in my understanding, valid issues, but I think it's very important -- where I take the turn is that we have to provide bus benches for people who are transit -dependent, even if we have a blackout. And if we have a blackout, then we have to figure out a way, through an overlay of some type, to pay for it. You can't ask the people in the poor communities to pay for the bus shelters. Bus shelters -- bus benches are just like parking spaces, and you have to see it that way if you really want to see it through the eyes of the people who use it. I have no interest in pushing advertised bus benches in neighborhoods that don't want them or -- and there is a policy justification to do it and I support that. But what I'm saying is, we cannot pass a law or, as Commissioner Sanchez is saying, that has two classes of citizens, one that have bus benches and one that doesn't. And if we have an area that doesn't have advertisement in bus benches and we have to find a revenue stream to pay for it -- and it's not just to put them up. It's to keep them clean. It's to keep them maintained. And, so, I'm very open, Commissioner Winton and Mr. Manager, to a plan, particularly, as I said in December, in the Grove that will provide -- and this is what I was hoping we were going to get today, was a plan to have a blackout of advertising in certain areas. We have a Grove Council. They passed a resolution. I think we should give great deference to the Grove Council. That's why we have them. I'm aware of the history of this City as it relates to the Grove. It's not like everybody's got to be the same, but at the end of the day, we've got to be able to have one standard and how we finance those -- the area that doesn't have advertising is the question that I thought we were going to hear today, I did not expect to hear, "we don't want advertising." I know we don't want advertising. i don't want to support advertising in certain neighborhoods. What I'm looking for is a mechanism so that we can pay for the maintenance of bus benches and bus shelters in those communities. That's what I'm looking for, Commissioner Gonzdlez: Mr. Chairman? Chairman Regalado: Yes, sir. Commissioner Gonzalez: I happened to attend the meetings in my district. At least I attended one of the meetings and one of the concerns was -- well, first of all, people complain that they were not consulted prior to the process and they were explaining that that was the reason why we were there to explain to them what we were trying to do. I was one -- I believe that I was one of the first persons that addressed the company, and telling them that I would really prefer to have bus shelters, especially in areas where we have senior citizens buildings that need to stand under the sun and under the rain to wait for a bus, because all those that you say, Commissioner Teele, same as the people that get up at five o'clock in the morning to go to work, those senior citizens that I'm talking about, they don't have a car. And whatever they do, they have to get a bus. So -- but I also understand -- and I have drive through my district and I have seen shelters in these particular areas that I had a concern with, which was the senior citizens buildings. OK. So, the rest of the bus benches, I would really rather to see anything, anything but what we have now 193 January 10, 2002 because what we have now is a disgrace to the City, OK, and I'll tell you, what I have seen is going to be a hundred percent better, if not a thousand percent better than what we have now. In my district-- and I'm talking just about my district, OK, which is composed mostly of hard working people and senior citizens -- we don't have a problem with these bus benches and, yeah, one concern is that the people address the issue of these bus benches being maintained, keep them clean, you know, which is also something that we're concerned with and we have a commitment from the company and I'm sure that we're going to have the mechanism to make sure that they are kept clean and neat, the way that we want them. So, from my district, I don't have any input opposing to these type of arrangements, and whenever the time comes that we deal with the contract with the bus shelters, then we'll see if we can approve that, if we can add some more bus shelters, but, you know, that will be four years from now, I believe, or three years from now. Unidentified Speaker: Three years from now. Commissioner Gonzalez: Right. Chairman Regalado: Thank you, sir. Commissioner Gonzalez: Thank you. Chairman Regalado: Thank you, sir. Ma'am. Go ahead, ma'am. Suzanne Wheeler: Suzanne Wheeler, 3048 Virginia Street. I'm the Chairman of Coconut Grove Village Council. I'd actually like to start by saying until a year and a half ago, I was a pedestrian all my life and I have taken public transportation in five or six major cities in this country, including here, and I have sweated and I have been drenched at the bus stops in this town, and I think the best thing for people in this City would be if we bought advertising free benches and shelters, because I don't think the people who can't afford to drive or don't happen to drive deserve to be visually polluted by too much advertising any more than the people who are wealthy and want to complain about it being -- you know, seeing all the visual pollution. But that said -- (APPLAUSE) Ms. Wheeler: I'd just like to sum up a few -- Vice Chairman Winton: Are you ready to have your taxes raised to pay for that? Ms. Wheeler: Absolutely. Vice Chairman Winton: Are all of you ready to have your taxes raised to pay for this? Unidentified Speaker: We already have. 194 January 10, 2002 Vice Chairman Winton: No, no, no, not already have. Not already have. I'm talking about raised again. Unidentified Speaker: Bond money. Vice Chairman Winton: It's not bond money. We've got other uses for the bond money. We've already identified it. We're not going to change what we've told the community we're going to spend that bond money on. So, think about that. Chairman Regalado: OK. Commissioner Teele: Commissioner, you could easily do an overlay district in the Grove. It probably would cost about a dollar a year. Vice Chairman Winton: (INAUDIBLE). Commissioner Teele: Two dollars a year. Something like that. Figure it out. Commissioner Sanchez: (INAUDIBLE). Commissioner Teele: But for the Grove -- for an area. It's just like a special tax district. Vice Chairman Winton: Yeah, but I want to see the public hearing when we talk about that. I want to see how many people are here when we talk about that public hearing. But go ahead. I didn't mean to cut you off. Chairman Regalado: Go ahead. I'm sorry. Ms. Wheeler: That's all right. Thank you. Vice Chairman Winton: My apologies. Ms. Wheeler: That's all right. Thank you. I just want to sum up briefly a few points from the community, the observations and comments that I've heard. One thing is that people definitely felt strongly, as you've heard tonight, that the communities really felt they should have been consulted before the contract was finalized. We really had a feeling that people came to us and said, "Get over it. It's a done deal." So, you know, I'm coming trying to have good solutions of how -- you know, if it's a done deal and we're going to have advertising, how can we minimize it, how can we make it the most tasteful, how can we fit it into the different communities and neighborhoods so that it meshes with what they want, with what the general character of the neighborhood and the architecture is so that everyone can be happy both -- because I want to see bus benches. I want to be able to sit there, if I do take the bus, but I think there's a strong feeling also that advertising should be minimized, Obviously, in a perfect world, we wouldn't have any. You know, people -- I think, if this is a done deal, at least can we try to work on a way to most tastefully work the advertising into benches that fit in those different communities? There were a lot of comments about maintenance and keeping these things clean. My understanding is that 195 January 10, 2002 that is part of the contract for them to take care of. There's a concern that, in the current contract, they've just given up on that and we all know what the state of the -- I wouldn't sit on one for fear of having splinters in my butt on -- you know, and I think there's other people who would share that sentiment. Perhaps, if you could have a fund set aside so that a third party vendor, that can be hold accountable, would be responsible for dealing with maintenance and dealing with cleanliness of those benches, I would urge you to do that. I would also urge you to consider when the bus shelter contract expires, think about ways that shelters can be added where it's reasonable. One thing that people in the Grove seem to really feel strongly about is that we do have the Plater-Zyberk Planning Study and we would really like to see benches that conform with that study and -- the Grove has high property values for a reason. Because it has a unique character and we really try to keep it beautiful and the citizens are very involved and don't change that. Don't put too much advertising or put benches that don't fit in. That's one of the reasons. We really want to work with you to keep that character of the Grove. Thank you. Chairman Regalado: Thank you. Commissioner Gonzalez: I believe that -- (APPLAUSE) Commissioner Gonzalez: -- once that this is approved, whenever we're ready to go into each neighborhood, we're going to take this back to the neighborhood and discuss with the neighbors the design of the benches, right? Mr. Gimenez; Yes, sir, that's our intent. Commissioner Gonzalez: All right. Mr, Rotlason: The plan is to -- if this goes forward today, then they will get with the Planning Department, who has those type of people, rather than Public Works, on that issue. And very quickly, there will be some designs that the Planning Department says are compatible with the neighborhoods and then, once there are several choices on that, we'll set those meetings right away to get back with the neighborhood and try to decide on what the bench would be. Commissioner Gonzalez: And let them decide what they want for their -- for each neighborhood. Mr. Rollason: The other thing that we would like to try to do is keep a continuity of things through some neighborhoods. For instance, when you come to the Omni area through downtown and over to Brickell, we'd like to try to keep that look going through those areas. Maybe the same look in East and west Little Havana. Maybe some of what's used in the Grove could be used in the Upper Eastside. That type of thing. So, there doesn't -- when you look at the City as a whole, that it's a hodgepodge of pockets of benches everywhere you go that's completely different. But, yes, the intent is to have the input from the neighborhoods to come up with a consensus of the bench. Commissioner Gonzalez: Great. 196 January 10, 2002 Commissioner Sanchez: Frank? Commissioner Gonzalcz: That's something that we need do. We need that for sure. Make sure that we consult them and let them decide what they want in their neighborhoods because it's something that's very important to them. Commissioner Sanchez: Frank, there's one thing that Ted stated, which really hits the nail on the head, and that is that we need to somehow provide fundings to have people to help expedite the process, to have people to go out there and enforce the process to make sure that the bus benches meet the standards or they're not dirty. I think that's paramount when it comes to -- because he's absolutely right. We don't have the resources, and that's something that, when you analyze the whole thing, it's of a great concern to me. Mr. Gimenez: Commissioner, we're going to be using the revenue -- this revenue that we're getting here to hire the people to make sure there's contract compliance, so that -- to go around and make -- to visually check all the bus benches that we have so that they are maintained and they're clean, according to the contract. There's also a performance bond that we have stipulated in the contract that, in case there's -- something happens, that we have -- there is the money there available to make sure that that's done. Chairman Regalado: Just for the record, Mr. City Attorney, what are we doing here this afternoon? We are modifying an ordinance and also giving the Manager some direction on the advertising issue. Are we approving the contract, yes or no? Commissioner Sanchez: No. That was already done. Alejandro Vilarello (City Attorney). The contract was already approved on Item 39. Chairman Regalado; Right. And that's exactly -- this is what I'm trying to establish here. I mean, the lady that was just here, you know, said that this was a "done deal" and she was trying to make some sense and minimizing, whatever. This is about advertising. So, what does the Commission want to do in terms of the feedback that we have had on mostly two areas? Actually, what we have heard here is the Grove and the Upper Eastside; one person from the Model City area. Nobody from other areas of the City. So, what we're seeing here is a very motivated community from one area of the City and less people from other areas of the City. So, we just have to make a decision, because the problem is that the longer we take with this process, the worse that those really ugly benches are going to be because of Iack of maintenance. Because, after all, the company that does not have the possibility of staying, it just won't maintain those benches and, meanwhile, we have a problem of, you know, dirt, trash, garbage, broken benches that are still there and the City looks the same. So, Johnny, it's -- I mean, you're going to have to take the brunt of making some decision in terms -- because it is your district, the one that has reacted with more enthusiasm -- Vice Chairman Winton: Yeah, and I -- 197 January 10, 2002 • i Chairman Regalado: -- to the call that we made for public hearings. Vice Chairman Winton: And there's no question that when we voted on this issue last time, I completely screwed up because one of the points -- not one of the points. One of the points that was made from virtually everyone who spoke was that they really wish that we would have had these public hearings and this dialogue about what we're doing before we made the decision to do it. And, you know, generally, we've been pretty good about that but we didn't do that this go round, and that was a huge, huge mistake that I hope I don't ever repeat again, because I think -- you know, I've been involved in a whole series of things that have had a public process eye to it and not once coming out of that public process, as long as it may have taken to get through it, not once were the decisions worse than the thought about whatever it was going in. In every single case the decision that we ended up making was a much better decision because we had all of that public input and I blew it. You know, I should have spoken out strongly about that last time. But -- Chairman Regalado: But still -- Vice Chairman Winton: -- I didn't do it. So, the issue here now is -- Chairman Regalado: Johnny, the Commission, and especially Commissioner Teele, all sort of protected you in terms of saying -- you know, we are going to have -- Vice Chairman Winton: And thank God he did. Chairman Regalado: -- areas that will not have advertising, and that's into the record as part of the contract. Vice Chairman Winton: No question. However, we would have been better off having this public input before we did the contract because you might have done some things differently with the contract before you even signed the contract. (APPLAUSE) Vice Chairman Winton: But, you know, it's done. I can't -- we can't get that back. So, it's done. So, what we're dealing with here today -- what is the issue? What's the vote we're going to take? Mr. Vilarello: With regard to the discussion item, it's simply a discussion item. Vice Chairman Winton: That's all it is. Mr. Vilarello: The contract -- Chairman Regalado: No, no, no. No, no, no. Mr. Vilarello: If I could finish my sentence. 198 January 10, 2002 Chairman Regalado: It's direction to the Manager about advertising from us. Vice Chairman Winton: OK. Mr. Vilarello: The contracts provide for a great participation by the City and direction as to location, design. All of those factors and all of the issues -- at least most of the issues that have been discussed before you today. So, their guidance -- Commissioner Teele: There's one very important provision, though, that we agreed on. Because I made the instruction and I support it then, as I support it now, the potential and the reservation of a blackout in the Coconut Grove area, but what we have to do is come up with a revenue -- a blackout on advertising and we have to come up with a revenue source, and see, that's why I'm so -- because we've already protected -- Vice Chairman Winton: Well, Bruce, you ain't the only voter in Coconut Grove, buddy. (INAUDIBLE COMMENTS) Vice Chairman Winton: And I'm sorry, Commissioner. Commissioner Teele: And, so, what I thought we were going to do today was hear some different concepts and plans from neighborhoods, not just the Grove, but anywhere. We can blackout any area. If a particular neighborhood wants to be blacked out, we can do that by creating some type of overlay, you know, a limitation by overlay on advertising. What we need is a revenue stream to pay for the bus benches that are going to be in that area. In addition, what we thought we were going to hear -- what I thought we were going to hear was some discussion on how we were going to protect the public on the oversight of this contract. You know, we heard some comments today from Mr. Stahl, Ted Stahl, I believe, about nobody monitoring this and -- what happened, Mr. Manager, to Mr. Hernandez? Did something happen to him? Mr. Gimenez: He's -- Chairman Regalado: You took him. Mr. Gimenez: He's in the CRA (Community Redevelopment Agency), Vice Chairman Winton: You did, you took him. Commissioner Teele: Yeah, but I thought the agreement was -- Mr. Rollason: Yes, you're exactly right. Commissioner Teele: I thought the agreement was he was going to continue to be available. Mr. Rollason: That is correct, and he has been available to us as we go. 199 January 10, 2002 • Vice Chairman Winton: For an hour a day. Mr. Rollason: No. Any issues that I've sent forward, he's worked on. Commissioner Teele: I want to put on the record, though, that he is available to the City and he is a City employee, still, and whatever is being said is just not correct, but I think it's very flattering that any City employee would hear such wonderful words from the public about the service that they're providing, and that's also very encouraging to hear that. But I really hope we can figure out a way to come up with an overlay or some mechanism to protect the neighborhoods that are complaining, and that's what I want to do. Chairman Regalado: Look, why don't we do this. First of all, let's hear from the representative of the company. Maybe they have some ideas. But why don't we give a direction to the Manager -- Kate Terry: Excuse me, sir. Is the public hearing closed? Because I did have one comment. Chairman Regalado: No, it's not. No, it's not. Ms. Terry: OK. I just have one comment actually for Commissioner Teele. My name is Kate Terry. I live at 1896 Tigertail. And I think we're missing one huge point here, especially when we begin to talk about Coconut Grove, and remember that the Village Council and the Civic Club speak for all of Coconut Grove, not just the commercial district of Coconut Grove. We're talking -- we're including the West Grove. It's very important. We can have bus benches in the City of Miami with advertising, even though I know you all have approved this contract. What we are opposed to are these mini billboards in Coconut Grove. They are inappropriate. They are not right for the City. They -- we have requested them not be in Coconut Grove. I think you have many, many people who are not happy with this, not just the people who are here. 1 think this is written up very, very well from the meetings, but this does not mean that we cannot have advertising, in answer to Johnny's question, on bus benches, that are -- that's well done, that's tasteful, that's functional, that brings in revenue. We seem to have missed that point. These mini billboards are what we are totally opposed to. And if this company can come back and give us something that advertises, that brings in revenue, that is appropriate and attractive for the City of Miami, which is on the mend, we want something appropriate. We do not want something that blocks bikeways that blocks pedestrians that is advertising -- these things are tremendous. I mean, I wish we had one in here. The picture does not do it justice, and if you look at the picture on the floor there, you'lI see that one is blocking the bikeway headed into Rickenbacker Causeway. So, I just think maybe we missed that point. Thank you. Chairman Regalado: Thank you. Let's hear from -- (APPLAUSE) Tom Boyce: Tom Boyce, seven -- Chairman Regalado: Excuse me. 200 January 10, 2002 • i Mr. Boyce: OK, Chairman Regalado: He had the podium. And that's Ambassador Ferro. Simon Ferro: Mr. Chairman, members of the Commission, first of all, thank you very much for this opportunity. I just wanted to make some very brief comments on behalf of Sarmiento. We want to assure you -- Commissioner Teele: Mr. Ambassador, you should never miss an opportunity to say who you are and what firm you represent. Mr. Ferro: Simon Ferro, with Greenberg Traurig. I represent Sarmiento. Thank you for the oversight. I just want to assure you that Sarmiento has -- is listening and has listened to both you and to the public. We were at every one of the neighborhood meetings. I think, if you, again, go back to the contract, you will see that this contract gives complete and absolute control, discretion and supervision of whatever we do to the City Manager and his staff. This is probably a contract that you can use as a model for future RFPs and these kinds of services. So, I -- first of all, I want to reassure you, as flexible as we were in negotiating the contract, we will be as flexible and as open to new ideas and to reasonable suggestions, not only from the neighbors, but also from the staff, from whom we need that ultimate approval. As Frank has said, there is not one bus bench, whether it is an advertising or a non -advertising bus bench, that we can install without the final approval and permitting of your staff. And they've heard what has been said and we've heard what has been said. Sarmiento is a responsible corporate citizen. This is the first contract in the U.S, for this very strong and very good company. They want to make a good impression here. They are investing over four million dollars ($4,000,000) in very expensive street furniture. That is a great motivation. Not only do we -- are we obligated under the contract, but we are motivated by the fact that we want to protect our investment. These will be kept clean. These will be kept maintained. These will be kept vandalism -free. We are obligated to respond within 24 hours or less to any vandalism or any disrepair. So, you will see very beautiful street furniture out there that is much better than what you have now and that, as far as I'm concerned, because of the flexibility that the City has in demanding from us designs that are compatible with each community, that when that bus shelter contract does come up, you can probably -- you know, if it's a different vendor, and it will be as competitive a process as this has been, and I'm sure the City Manager will do as -- everything that he did to us, I hope they do to the next bus shelter company, And, you know, whether it's us or a third company, I think that they will have -- that this contract, our contract will establish a very sound foundation in terms of quality and in terms of design for the bus shelters. So, instead of saying, you know, "let's wait until the bus shelters" -- no. Use this contract within which you have absolute control to establish the look you want for when the bus shelter contract is up. So, all we're staying is, we understand those things. We know what we're getting into and it's a huge undertaking and a huge risk for Sarmiento, who believes very firmly in this community, We're going to have a full- time permanent public affairs person to work with the community and work with government to make sure that, you know, what happened before doesn't happen again. So, I just wanted to say and reinforce the fact that Sarmiento, who is the third party in this whole thing, has listened and is aware of your concerns and we will do everything we can to make sure that this City is as 201 January 10, 2002 beautiful and is deserving as we know -- we all wanted to make it. So, thank you very much. If you have any questions, Sarmiento is here to answer them. But please support your staff. We support your staff. Trust in your staff in the process and in the final enforcement of this contract, which is going to be well done. Thank you. Commissioner Teele: Mr. Chairman? Chairman Regalado: Yes, sir. Commissioner Teele: Very quickly. I want to put on the record some concerns that I have about your company. We all note, and with some concern, the economic situation in Argentina. Your company is based in Argentina. Can you give this City some assurance that -- Mr. Ferro: Yes, Commissioner Teele: -- there will be some -- that there is stability? And I'm sure the Manager or the Attorney may have raised some of these questions with you. But is there any comfort -- I know you're going to be here, I assume. Mr. Ferro: Yes, I hope so. Commissioner Teele: I'm sure, as long as Mr. Bush is where he is, you'll probably be here with us. But I realize, of course, that you've been honored to serve as the ambassador, but I don't think you'll be going to Argentina real quickly now. I hope you'll be here in Miami with us. Mr. Ferro: Not in the next three years, I don't -- Commissioner, yes. In fact, that issue -- those issues were raised and in anticipation of them, I'd like to submit two letters. One from Bank of America, which is a partner in this venture with Sarmiento and, in fact, owns a substantial ownership interest in Sarmiento. And I don't know if you really want me to read them. But I'd like to pass out -- Commissioner Teele: What's the date of the letter? Mr. Ferro: The date, January 3rd for the Bank of America letter, and we also like to put for the record that Ocean Bank has already approved a loan request in the amount of almost three million dollars ($3,000,000) to Sarmiento, as part of the capital investment that we need to do here. So, this is a strong company. Commissioner Teele: What's the date of the letter? Mr. Ferro: That is January 10th of this year. The Ocean Bank letter is January 10th of 2002, and the Bank of America letter is January 3rd. Commissioner Teele: So you're representing that you all have a -- what's the exact amount of the Ocean Bank line of credit? 202 January 10, 2002 Mr. Ferro. That would be two million eight hundred and fifty thousand dollars ($2,850,000). Commissioner Teele: All right. Mr. Ferro, obviously, I'm not trying to embarrass you, but we have to -- you know, we take note of what's going on and we want to make sure -- we want to be dealing with someone that's going to be around. Mr. Ferro: Sure. Well, for the record, I will pass -- Commissioner Teele: No. I mean, you know, just give it to the Manager. Thank you very much. Chairman Regalado: It already was faxed to our offices, those two letters. Mr. Ferro: That's correct. So, you all should have them in your offices. If you don't -- Chairman Regalado: Yes, we do. I have them. OK. Again? Mr. Boyce: Very quickly. Tom Boyce, 1794 Opegee. Commissioner Teele spoke about his, you know, desire to have something concrete come out of this meeting from the civic associations. I'm sorry that they didn't put anything forward. I'll say, as a property owner, that maybe they and certainly I would be willing to adopt bus benches, and make room for bus shelters. Where there's not enough City land or right-of-way land available on our property, we could make room available on our property and maybe others would, too, for bus shelters on their property, but no advertising and it has to meet the Coconut Grove design criteria. So, there ought to be a mechanism for us to do that. There really ought to, regardless of what else you've approved that goes forward. Chairman Regalado: Well, you know, civic organizations and neighbor organizations adopt the streets and you can adopt a bus bench. Mr. Boyce: I can? I have that from the Chairman? I can adopt a bus bench? Chairman Regalado: No. I mean, the concept is -- Mr. Boyce: Right. Chairman Regalado: You know, it's a logical one. And it would work. Instead of going around and looking for an overlay and getting all of the residents -- if the Council or, you know -- Mr. Boyce: Exactly. Let them put their money where their mouth is. Chairman Regalado: -- will commit to adopt bus benches by paying the maintenance costs for one year -- Mr. Boyce: Or just take care of it. Buy it; take care of it, just like they will do. 203 January 10, 2002 Chairman Regalado: Well, you know -- but to take care, how do you take care? I mean, it's very difficult. Mr. Boyce: Well, I'm there on that property in front of my building every day. I have a vested interest. Chairman Regalado: I understand. But I'm saying a more organized thing. You know, adoption. Like the streets. Mr. Boyce: Right. Chairman Regalado: Like the streets. Thank you, sir. Ma'am. Joyce Landry: Yes. Joyce Landry at 3900 Wood Avenue in Coconut Grove. And I wholly support an overlay in Coconut Grove, and I just want to know where can I pay my two dollars ($2)? Chairman Regalado: Thank you. Thank you. OK. Yes, sir. Robert Krulik: Robert Krulik, 2481 Trapp Avenue, and I'm also a village councilman. One of the issues is, obviously, we need bus benches. Every transit stop we have, we should have a bus bench. Ideally, if feasible, there should be some sort of covering with that. If you can't, you can't. In the same light, we have these bus benches now that we have. There's one saving grace with these bus benches. When the sun sets, you don't see the advertisement per se. It hides in the shadows. The one that is recommended here with the billboards style is backlit. So, what we're getting basically is 24-7 of advertisement, not only in the Grove but throughout the City. I feel it would be ideal if -- you have to have some funding for this and that's through advertisement. Go with the advertisement if you must. In the Grove, we'd rather not. But the fact of the matter is, do away with the electricity, do away with the liability that comes along with that. When the sun sets, you don't see it. You know, you have to compromise. Life is a compromise. But you don't really need that all day, all night, back lit, regardless. Just do what you can with it and, you know, find a happy medium there. Chairman Regalado: Thank you, sir. Mr. Krulik: Thank you. Chairman Regalado: Steve, you want to -- Mr. Hagen: If I may, just a couple of minutes. I just want to make certain that the Commission knows and the rest of the people know or understand what we're getting. The picture that you're seeing that the company has provided -- and, mind you, I'm not totally against doing street furniture with some advertising. My question has to do with bus benches -- providing bus shelters and providing adequate, more than the one hundred free units that the company is offering -- to provide adequate space for public information, to promote our educational institutions, to promote our Performing Arts Center, and institutions and so forth. But the design 204 January 10, 2002 that the company is showing you is probably not what you're going to get in a lot of places. There is nothing in the contract that prevents the company from not giving you that post, but placing the ad itself actually on the top of the bench or at the side of the bench. There's nothing in the contract that prohibits that. And the reason that the company is probably able to provide -- to install so many more of these than what they could on a typical box -type shelter that we have now, which we -- some people refer to as mini homes -- is because the space will be less. Essentially, then, what you'll be seeing is what we have now -- a bench with an ad on top of it. It won't be on -- perhaps on the back of the thing, but it will be affixed to the top of it. The other issue has to do with the bus shelters. Commissioner Teele, I was at the Culmer Center yesterday and there were eight people there from your community and about four -- three City employees and representatives from the committee. The top of your list says people want bus shelters. It seems to me that, if you put our creative heads together that there ought to be some way to be able to move this project forward in tandem with some bus shelters, using money that the City's going to receive and putting it in escrow to make sure that the shelters are installed at a later date. There has to be, I think, some more creative thought go into this before we lock ourselves into essentially what is a Dodge. We're going from a Chevy -- a used Chevy maybe to a Dodge, and I think we deserve in this City and all the areas of the City better, you know, street furniture and so forth. Commissioner Teele: Steve I don't think I made myself clear. I am one hundred percent for bus shelters. If you give me a choice, any day, any place, in any City, any neighborhood, I'd rather have a bus shelter than a bus bench. It's not a question of what I want. We don't design the bus stops. The bus stops are designed by scheduling operations people in some Metro -Dade command or some MTA (Metro Transit Authority) command or RTA (Rapid Transit Authority) command, and we're sort of on the -- we're at the end of this thing. The problem is, from an engineering and space point of view, all over this country -- Miami is no exception -- the places that a bus stops to let off people don't lend itself to bus shelters, and what I'm telling you is, buses are a very tough operation. If you look at the 7 bus, or 77, or the 22 or any of these buses, and you drive it, you'll see -- I mean, unless you have some unique solution to make space -- there's just no space -- that bus stops at that little pole. In many cases, it's just a little sign and that's it. Mr. Hagen: I understand what you're saying. Commissioner Teele: And you can't put a bus shelter where it won't fit. Mr. Hagen: But there are plenty of places in this City where more bus shelters could be installed, not the boxy type that are out there now, but creative ones that use only one -- Commissioner Teele: Steve I'm telling you you're not right. If you assume, which you have to assume, that the exercise is not about building bus benches and bus shelters, but designing places for the bus to stop, OK, you don't get to say the bus should stop here. I've been negotiating trying to get a bus to stop a half a block up -- Mr. Hagen: No. I'm talking about current positions, not moving the bus -- we're not moving bus stops. We're talking about installing shelters where we can. 205 January 10, 2002 0 1 0 Commissioner Teele: And you will have my support, and I'm sure this whole Commission's support, if we could find better locations but you have -- Mr. Hagen: We don't need them. The locations are there. A competitive company has identified them. Commissioner Teele: Sieve -- did you not say, Mr. Manager, that the company that has the bus shelter contract cannot find locations? Mr, Rollason: That is what they relayed to us, and that's also based upon the shelter that's in the contract. So, you're dealing with not the type of shelters and innovations that he's talking about. You're dealing about the box. Commissioner Teele: Steve, there is no economic incentive for a person who has a bus shelter contract, not to build bus shelters where he can build them. The problem is the geography and the limitations based upon power, based upon space, and those kinds of things. This is a lot more -- it's really not what you're presenting it to be. Mr. Hagen: Well, other municipalities in our county are doing it. Mr. Gimenez: Commissioner, we've gone through this. I think we did this at the Upper Eastside meeting and that's exactly the statement I said. If it was profitable for the shelter company to put a shelters up, they'd be putting shelters up. We have no permits on line for any more bus shelters. They have told us there are no more places for them. Mr. Hagen: Let's stop calling them shelters and call them canopies. Mr. Gimenez: They are bus shelters. That's what they're called, OK? And you may want to call them whatever you want. Now, in the future, when this bus shelter contract goes away in about three years, then there's nothing to stop the City from making sure that when the RFP goes out, that it has to be compatible with the bus benches that are out there, in terms of design and look, and it may be that we may be -- also be able to retrofit some of the bus benches that we have, and that could also be put in the RFP when that goes out, but that has to happen in three years when the bus shelter contract is up. Mr. Hagen: What assurance do the taxpayers have then and the bus riders that there's going to be money down the road, you know, once the revenue streams starts to come in that we can install shelters? Mr. Gimenez: The revenue will be -- you didn't hear what I was saying -- is that three years down the road, when the bus shelter contract is up, then it's up to the City to -- when we put the RFP together, fashion it in a way that it's compatible with bus benches and maybe also give it the ability to retrofit some of the bus benches that we have, to put some kind of canopy on it, but that's three years from now. 206 January 10, 2002 Chairman Regalado: Look, we have -- Unidentified Speaker: Mr. Chairman? Chairman Regalado: Mr. (UNINTELLIGIBLE). But let me just say this and, Johnny and Angel and Joe, Arthur, you know, you need to decide what are we going to do. I have no problem in staying all night, listening to this, but we have to give some direction to the Manager. It seems that we have heard from a lot of people, but we have now -- you have just -- a few minutes ago you spoke and I understand that you have many things that you want to say. Mr. City Attorney, what we're doing here is we're changing the ordinance. That is what we're doing, right? Joel Maxwell (Deputy City Attorney): Yes, sir. Chairman Regalado: Yes, we are. Mr. Maxwell: Yes, you are. Vice Chairman Winton: So -- Chairman Regalado: Yes, we are. OK. Anybody has a problem with changing the ordinance as we have it now? You do? Commissioner Gonzalez: It's a second reading. Commissioner Teele: Second reading. Chairman Regalado: It's a second reading, and it was approved on first reading. Now, the other issue is the advertising. It seems that we have a hundred percent ratio here of residents from the Grove that does not want advertising. Vice Chairman Winton: And the Upper Eastside. Chairman Regalado: Not a hundred percent. Well, the problem is that they have represented themselves as -- the Village Council is the representative and truly is of the Grove. So, you know, if we speak for the City, they have the right to speak for the Grove. So, we have to really understand that they do represent the majority, not the hundred percent of the people, I mean -- because maybe somebody voted against Frank or something. Maybe one. But they are the representatives. So, what is it that we want to do now in terms of direction to the Manager for advertising? Vice Chairman Winton: I have -- Chairman Regalado: This is a deferred item. Vice Chairman Winton: I have a recommendation, 207 January 10, 2002 Chairman Regalado: Go ahead. Vice Chairman Winton: At least as it relates to Coconut Grove and the Upper Eastside where all these sorts of -- Chairman Regalado: And, frankly, Johnny, it would be fair -- because 99 percent -- only one person from Model City -- no person from other area or district has been here this afternoon or at least -- Vice Chairman Winton: I understand. Chairman Regalado; So, just go ahead and do this for those two areas. Vice Chairman Winton: Thank you. My recommendation to the City Manager is that -- and this is in keeping with what the company has committed publicly that they're willing to do, but that we create design standards in our neighborhoods that are in keeping with street furniture designs recommended by any of the neighborhood planning efforts, such as the charrette that was in the Grove, the charrette that was in Overtown, any of the neighborhoods charrettes that have already been done, where decisions have been made about that kind of street furniture design, that the Manager work with the company to create street furniture that matches the design standards for future street furniture that's anticipated in master planning efforts that have already happened as point one. Commissioner Teele: Second. Vice Chairman Winton: Just point one. In addition to that, I would recommend that the company look closely at -- who made this recommendation? I think it was Kitty that suggested that one of the big problems is the -- as they see it, kind of the offensive nature of the look of the advertisement itself, how it's placed, the size. I would recommend, particularly for these areas where you have all of this opposition, that in your design thought process for the street furniture itself, that you look at other ways to do the advertising so that it doesn't give the same literal billboard appearance that seems to be offensive to so many people. And that's the second part of it. And lastly, once the designs or maybe there's two or three different models that you play with when you're working with the Manager, I would like to see those design alternatives or the model that you're recommending, but Frank, I think you'd be smart with a couple of models that you bring forward, come back to the community with some additional public meetings, particularly in these neighborhoods, to unveil the kind of model that you're really looking at so people have one more shot at talking before you go design something, but at least the drawings and some renderings of what it may be, and that's what my recommendation is. Chairman Regalado: That's a long resolution. Mr. Manager, you remember? Mr. Gimenez: I got it. Chairman Regalado: OK. You got it. That is a motion by Vice Chair Winton, second by? 208 January 10, 2002 • i Commissioner Teele: Well, I second it but I want to be very clear. Is your intent -- what I don't want to do, Johnny, is impact on neighborhoods that would rather have any kind of bus bench in lieu of not having any now. Vice Chairman Winton: And try that on me again. Say that again. Commissioner Teele: Or better -- Chairman Regalado: But, Arthur, he's talking about Coconut Grove and -- Commissioner Teele: I just want to make sure -- I want to make sure he's limiting this to Coconut Grove and the Upper Eastside. Vice Chairman Winton: Right. Commissioner Teele: OK. Chairman Regalado: Yes, he is. Vice Chairman Winton: But I did add that if there are other neighborhood charrettes that are out there, where -- and you choose, you know, that option -- Commissioner Teele: To opt in. Vice Chairman Winton: Right. That ought to be factored in. Commissioner Teele: Yeah, I second the motion. Chairman Regalado: OK. Commissioner Teele: And I would only add one other thing. And that there be no placement of bus benches under this contract until there has been a formal resolution by this Commission to approve it, in those two areas. Vice Chairman Winton: Right. Mr. Gimenez: What about other areas of the City? Commissioner Teele: Just those two areas. Mr. Gimenez: OK. So, we can begin the process in the other areas of the City -- Commissioner Teele: Absolutely. Mr. Gimenez: -- and then we will then go through this process with those two areas and then come back? 209 January 10, 2002 Chairman Regalado: Remember, Carlos, this motion is only regarding the Grove, even the West Grove. Commissioner Teele: Including West Grove. Vice Chairman Winton: All of the Grove. Chairman Regalado: All of the Grove. And the Upper Eastside. Vice Chairman Winton: Yeah, the Grove, Brickell, Upper Eastside. Mr. Gimenez: Yes, sir. Commissioner Teele: But, Johnny, I'm supporting this, but I'm going to tell you -- I'm going to say this to you. There are going to be people who are going to start calling. Once -- if bus benches get into Little Haiti and Liberty City and Overtown and then on Grand Avenue, in the Grove, that people who use those systems don't get bus benches, there's going to be a long discussion about that, and I'm saying that to you in publicly recognizing that we've got to go back and deal with the transit -dependent communities within the Grove. Vice Chairman Winton: Well, but let's face it. The fact of the matter is, there are bus benches there now, and the only thing we're doing is putting new bus benches there that will happen to look a little better. We're not giving them a better -- we're not giving them a better -- Commissioner Teele: I think you're going to put a lot more bus benches in. Vice Chairman Winton: No, no, no. There are many more bus benches out there on the street today than there are bus stops. Commissioner Teele: Oh, that's absolutely true because when transit changes a bus stop, nobody goes back and (UNINTELLIGIBLE). Vice Chairman Winton: Yeah. When you go to this process, there's going to be fewer benches in the public domain, period. There's many more of these damn things out there than there are bus stops. So, we're going to have fewer. So, my point to you is that I don't -- the neighbors -- all of the folks currently have bus benches, we're going to give them a new bus bench. We're not giving them a much better product. We're simply going to create something that's a little nicer, that's a little prettier, that's got advertising tied to it, that's a different advertising than the advertising we have to the ugly bus benches that we have. So, we're not giving them a much better product. Chairman Regalado: OK. We want to close the public hearing, and we really have to do this because we have, you know, heard -- and I think that what Johnny just did addressed the concerns of everyone that is here this afternoon and everyone that is represented by people that 210 January 10, 2002 i are here. So, I mean, this will come back, and I promise that, you know, whenever we discuss this, Mr. City Attorney, any issue related to bus benches will be a public hearing; is that correct? Mr. Maxwell: Not necessarily. Depends on whether or not it deals with -- Chairman Regalado: Well, yes, necessarily because -- I mean, you know -- Mr. Maxwell: If it's the direction of this board that that occur. Chairman Regalado: That's what I'm saying. I mean, it is important, so we might as well do a public hearing every time that we discuss some of these issues. Mr. Rollason: Are we saying a public hearing back here before the Commission for those two areas? Chairman Regalado: Yeah, yeah, yeah. Mr. Rollason: For those two areas. But the others will have the meetings in the community? Chairman Regalado: Right. That's what I'm saying. That's what I'm saying. So, people here will have the time to do this. So, the public hearing is closed. We are going to vote on this resolution, which is the direction to the administration. Commissioner Teele: Mr. Chairman, before you close it, could we hear from Mr. Stahl because he was here -- Mr. Stahl: I just want to sincerely thank you. It's been two hours. You know how concerned we are. We thank you very, very much for your time. Very, very much. I thank you. Chairman Regalado: We thank you for you time. No. I mean, we have to thank you because coming here, it's important for us -- and, you know, had you not been here, it would have not happened, what we just did here. Unidentified Speaker; One question. Why -- what does the Commission have to lose to involve the public a little bit more? Take a month, take two months, get public support. You see, this is a very controversial issue. There are many people for it. There are some against it. I heard people in Little Havana and other parts of the City. Please. Chairman Regalado: Yeah, but what is the area that you live? Unidentified Speaker: I live in Miami Beach, but I have many friends. Chairman Regalado: Right. OK. That's why you didn't get the notice because -- Unidentified Speaker: No, no. Come on. 211 January 10, 2002 Chairman Regalado: OK, Thank you very much. All in favor signify by saying "aye." The Commission (Collectively): "Aye." Chairman Regalado: It passes. The following motion was introduced by Vice Chairman Winton, who moved its adoption: MOTION NO. 02-43 A MOTION DIRECTING THE CITY MANAGER TO INSTRUCT THE PROVIDER OF BUS BENCHES/SHELTERS TO COMPLY WITH THE FOLLOWING: FOLLOW DESIGN STANDARDS THAT ARE IN KEEPING WITH STREET FURNITURE DESIGNS RECOMMENDED BY THE NEIGHBORHOOD PLANNING EFFORTS SUCH AS CHARRETTES AND ACCEPTED MASTER PLAN FOR THE AREA; REDUCE THE SIZE OF ADVERTISING ON BUS BENCHES/SHELTERS THROUGHOUT COCONUT GROVE AND BRICKELL/UPPER EAST SIDE (NO MINI BILLBOARDS); FURTHER DIRECTING THE MANAGER TO HOLD PUBLIC MEETINGS (PARTICULARLY IN NEIGHBORHOODS WHICH HAVE EXPRESSED CONCERNS RELATED TO STREET FURNITURE) IN ORDER TO DISPLAY A COUPLE OF PROPOSED DESIGNS AND OBTAIN ADDITIONAL INPUT FROM THE COMMUNITY; AND FURTHER STIPULATING THAT NO STREET FURNITURE BE PLACED IN COCONUT GROVE NOR THE BRICKELL/UPPER EASTSIDE UNDER THE CURRENT CONTRACT UNTIL THE COMMISSION HAS GIVE ITS FINAL APPROVAL. Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L, Winton Commissioner Angel Gonzdlcz Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None ABSENT: None Chairman Regalado: It passes. Now we have the second reading ordinance. (APPLAUSE) 212 January 10, 2002 Commissioner Sanchez: Thirty-three, so moved. Commissioner Gonzalez: Second. Chairman Regalado: It's been moved and second. Mr. City Attorney, please. Call the roll. An Ordinance entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54, ARTICLES I AND III, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS," "IN GENERAL," AND "BUS BENCHES," TO PROVIDE FOR LOCATION OF BUS BENCHES ON PUBLIC RIGHTS-OF-WAY AND TO DELETE SUPERFLUOUS LANGUAGE; MORE PARTICULARLY BY AMENDING SECTIONS 54.8, 54-90, 54-91, AND 54-93 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. was passed on its first reading, by title, at the meeting of December 13, 2001, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Sanchez, seconded by Commissioner Gonzdlez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12178. The ordinance was read by title into the public record by the City Attorney. Chairman Regalado: OK. It passes. Thank you very much. It's 7:02. Mr. Stahl: Thank you very much, Commissioners. Chairman Regalado: We need to take the CIP. You want five minutes recess. It's 7:02. We'll be back at 7:07 or 8 or 9. But we'll be back with the CIP public hearing. 213 January 10, 2002 • r THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 7:01 P.M. AND RECONVENED AT 7:26 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT. 214 January 10, 2002 42. DEFER PROPOSED FIRST READING 0RDIhiANCE: TO AMEND CITY 'COD TO ESTABLISH CIVILIAN INVESTIGATIVE PANED. (CIP) :TQ SERVE AS_ INDEPEN ENT CITIZENS OVERSIGHT; Chairman Regalado: If we are ready, we might as well start. We have still some items in the agenda, but we also have promised to deal with the CIP item after five. It's after five now. Yeah. Right. Seven fifteen is after five. Item -- OK. Nobody's paying attention to me. Thank you, Bob. Anyway, we're almost ready to start -- oh, we have the Manager. We can start the CIP item. All the board members are here. Commissioner Teele, we're ready to start. The City Attorney has requested that we give him more time for some of the issues that are not being resolved as we hoped that it would happen by now. However, he needs direction from the Commission regarding the membership and the appointment process. I would ask the members of the Commission to give us their ideas. I spoke to the Mayor at lunchtime. In some of the conversation, the City Attorney was present. And I would like to tell you what would the Mayor support in terms of membership and process of appointment, and I would like also to say to you that this is what I support. But I'm only one vote and it's -- this Commission should, at least, decide on one way to appoint in terms of process and the number of appointments, and then the City Attorney will have a public hearing. He's requesting also that we sort of appoint a small committee that will work with him to iron the details of this resolution. Now, it's been reported in the press that the groups, the community groups, have suggested nine members -- a nine - member board, and also it's been reported that the Mayor said that he wasn't that interested in making appointments. Well, that's what he said. But if the will of the Commission is that the Mayor makes appointment, he is ready to do it, and he's willing to do it. So, the plan that I would submit to you about membership, in terms of numbers, is 15 members. Those 15 members, 10 will be appointed by the City Commission, four by the Mayor of Miami. Out of those four, it would be the Chairman, and one by the Chief of Police. The appointment process, as discussed with the Mayor and the one that I would support, is to send an invitation to every community group or individual that wants to offer their names to be part of this, and then the City Commission decides from those names. And, of course, the Chief of Police has the authority to appoint whoever he thinks should be there, and it doesn't have to follow that list. The Mayor does not support limiting the numbers of organizations that are able to make appointments. That is nine, because we will, you know, always be questioned by .other organizations that were not included in the process of suggesting people. And, of course, I would support -- and I will -- I am talking personally, not for the Mayor now. I would support the fact that the City Commission will make the appointments out of that list of names. I will not support any other group or entity making the appointment. I think that the City has many boards and that we have been always very focused on who the best person for every board is. So, I am not ashamed of making an appointment for this Committee. I will very happy and proud to make an appointment, to look for the best two persons that I will be able to appoint, and I just hope that this Commission do not give a way our duty of appointing because, after all, we are responsible. It was this City Commission who decided that this should have -- should be placed on the ballot. And it was this City Commission who went out and campaigned for this item. And we should have the responsibility and the duty of appointing the members. So, in essence, the plan that the Mayor will support, if the City Commission decides to support, is a membership of 15 persons. Why 15? Well, because 15 -- and we discussed that with the City Attorney. It's mare representative of the City. And, also, these are going to be very important people that maybe 215 January 10, 2002 sometimes members will not be able to attend. So, we need a quorum, but a quorum that would not be a minority among the minority to make decisions. So, that is the plan, 15 persons, 10 appointed by the City Commission out of a list submitted by all the community groups, four appointed by the Mayor, including the Chairman out of those four, and one by the City of Miami Chief of Police. Commissioner Sanchez. Commissioner Sanchez: Thank you, Mr. Chairman. I think that in order for this panel to be successful, it has to have the trust, not only of the residents of Miami, but also the police community, the Police Department. I think that we have an opportunity now -- and I'm going to say this. I would say we have about 10 million reasons why we should have an Investigative Panel. Commissioner Teele: Why we what? Commissioner Sanchez: Why we should have a Civilian Investigative Panel. But we're only going to be allowed to do this just once, and we have to do it right. And I think that -- and to be all fair, I think that we have a such diversified community, that I think that we have to reach out and have everyone be a part of this, because if you leave somebody out, there's always room for criticism of the process. Now, I happen to disagree with Commissioner Regalado on this, because I, for one, see this as it should not be involved in the political process. I don't want to have, unless I am forced to have by an over vote, over voting me on the issue, to appoint individuals. Why? Because at the end of the day, the responsibility is going to come back. I believe that -- and this is just a suggestion that I'm going to put out -- they have other ways to appoint that panel. We could either create a Trust that would make those appointments, or we could ask the Miami -Dade County Ethics Commission to make the appointment for us. We could look at other entities, such as the Public Health Trust to make those appointments, or if we have to make those appointments, we'll make those appointments. I've made it very clear -- and I could tell you this much -- I'm proud to say that I was a law enforcement officer. So, I know that whoever is selected in those panels -- and that's why it's important to have a lot of organizations make those recommendations, whoever it may be -- that the individuals know about the subject that they're going to embark on. Because let me tell you something -- and I've made that argument here before. In the armed service, which I've had the great privilege, and so has some of my colleagues, to serve, is that in the armed forces, you are judged by your peers. If you're an attorney, you're also judged by your peers. In every other major profession, you are basically judged by your peers. You have to have an inner knowledge of the policies and procedures to make any type of intelligent and rational decision. I've made several recommendations that I would put forth, when this panel is created. And one of the things that we need to look into this is, that these people are community respectable leaders, so we will not open the doors for criticism from other individuals. They must go through a process, which -- there is an organization that we did research on the Internet. It's called NACOLE (National Association of the Citizens Oversight of Law Enforcement). It basically focuses on training people to sit in these panels, and they go through certain training. They basically go just -- through just about everything the police officer goes through. And those are the recommendations that I want to make to the Mayor and I want to put on the table here for my colleagues. These individuals learn about laws. These individuals learn about police brutality. These individuals learn about policies that dictate the Police Department. They go through riding sessions with police officers, 216 January 10, 2002 and of course these individuals will have to go through what a police officers goes through. I believe that they should go through a background check. I believe that they should go through a psychological check. If we want to oversee someone -- I'm not saying you have to be better than that person, but these are the things that are going to say Froin the voters out there, "This is a good panel." And these are the things that we need to look into. I'm here to say it again, the Police Department, in the past, has brought this upon themselves, and we need to work together to solve this problem. But if we rush into this matter and we basically focus it down and throw it down the pipe, at the end of the day, it might hurt us more than to help us. And we could do all kinds of positive things here, but all it's going to take is one negative thing and you're going to get criticism. And we have to be very, very careful how it all boils down to. The panel -- the people who sit on that panel are going to be held to such a high standard, because they're basically going to oversee the Police Department. There has to be police participation. I've said that and some of my colleagues have expressed that. There has to be some type of police participation on that panel. Looking from the outside, which was suggested, or retired police officers to come in and look at the matters that may be presented. But at the end of the day, if we do this in a negative manner or we don't do it correctly, we're going to have negative things come out of it. If we do it correct, it's probably going to be the best thing that the City did. So, these are just some of the suggestions that I put out and I will continue to put out. I encourage everyone to look at NACOLE. It's a great organization. NACOLE. They're on the Internet. Look them up. They basically prepare panels for oversight Police Departments. I have other concerns, too. I continue to have the concern that three investigations going on at the same time may hamper the outcome of any case trial. All you need is one attorney to sit back and see if there's contradiction in the statements. And, of course, that's going to be a problem. But I think that, in the long run, the people that are selected for the panel will be the success to this Civilian Investigative Panel. Once again, if I have to make the appointments, I will look for the best individual that I could put there to do the best job he can, but I would rather put it outside and have somebody else make that decision and put together that Trust. I don't want to get into funding. I did not support it when it was presented, because I felt it was a resolution that was basically a fill -in -the -blank, and when you're dealing with such a sensitive issue -- and this is one of the most sensitive issues that we've had in a long time -- if we don't do it right, it's going to have some negative consequences to our society and to our community. And, once again, the key focus here is, I could support 9 or 15. It really doesn't matter to me, but it's going to be who those key people are selected. We have to be -- and the involvement must be from the whole community, just not a certain group or a certain -- different groups. It has to be the whole community get involved. So, I think it's a great idea that the Mayor has put forth to send out to every organization and have them come in and give those names. And if we have to make the selections, you know, I'm sure that we'll select the best people there. Those are the recommendations I have. I have talked to him. I said, if he's looking for help in this field, I think that I have the expertise to assist him in putting it together. I think, in the long run, if it's done right, it's probably one of the best things we've done. If it's done wrong, you will see it in the newspaper and you'll see it in the news when the first investigation -- and we had an opportunity to get rid of a bad apple, and he stayed because of a technicality, so -- but I'm sure all those things, at the end of the day, will be ironed out. And if we take step by step, we could probably get this done in the right way. So, that's basically what I have to say on this. Chainnan Regalado: Thank you, sir, Commissioner Gonzalez. 217 January 10, 2002 Commissioner Gonzalez: Yes, Mr. Chairman. I want to see if I understood what your proposal is, or the composition of the CIP Board. We're talking -- there's going to be 15 appointments. Chairman Regalado: Fifteen appointments. Commissioner Gonzalez: There's going to be 15 appointments. Chairman Regalado: And the reason i brought this is because the City Attorney wants more time, but he needs some direction on what the City Commission wants in terms of appointments, the process of appointment, number, so he can start working on those details and present the whole package to the group and to the City Commission, which is -- Commissioner Gonzalez: So, what we're doing is that we are appointing 15 members to a committee, right? Chairman Regalado: I am -- Commissioner Gonzalez: And then, from that committee, we're going to appoint -- Chairman Regalado: No, no, no. We sent out an invitation for all the community groups -- Commissioner Gonzalez: OK. Chairman Regalado; -- to propose names. Commissioner Gonzalez: All right. Chairman Regalado: And of those names, the City Commission -- and individuals -- and of those names, the City Commission would appoint 10 members. The Mayor will appoint four. One of them will be the Chairman. And the Chief of Police would appoint one. That would be 15. Commissioner Gonzalez: That would be the CIP -- Chairman Regalado: That would be the CIP. Then the City Commission has to decide the teens of the members, and I'm sure that those terms will be staggered. So, the Board would always be functional. That is -- I mean, that is what I'm suggesting to you. Commissioner Gonzalez: Well, I happen to -- Chairman Regalado: What the Mayor said that he will support, if the will of the City Commission. If the City Commission decides different, then we'll see what he has to say. Commissioner Gonzalez: I happen to support this way of appointing the members to the CIP. I believe that the City Commissioners and the Mayor and the Police Chief should be the ones to 218 January 10, 2002 really appoint the members of the CIP panel. And like you mentioned before, the City has many, many boards, plus judicial boards and all type of -- and advisory boards. And the City Commission has always been very careful on selecting the right people for those boards, and to make sure that the boards are functioning and they conduct their business properly. So, that would also be my recommendation. Chairman Regalado: Thank you, sir. Vice Chair Winton, Commissioner Teele, do you all want to say something? Do you want to have a public hearing? Vice Chairman Winton: Well, I'm interested to hear what the public has to say. But I will tell you that, from my own view, having been here for two years, I'm not thrilled at all by the Commission malting these appointments. Because, you know, contrary to what you said in terms of how careful we are about who we pick for these boards, we all know that half the boards out there are dysfunctional. And I've seen times -- I've done it myself -- where we're looking for the -- you know, somebody to fill a slot and there's somebody sitting out there in the audience and, you know, we draft them, and they get drafted. They may not know a darn thing about whatever that board is. And, so -- and if we're -- Chairman Regalado: Johnny, may I interrupt? Vice Chairman Winton: Sure. Chairman Regalado: But the plan brought to you by me, on behalf of the Mayor, is that we will get names from community groups, and from those names -- and from individuals -- that would - - that if they submit their names and resume, I'm supposed -- they're supposed to be interested in serving. It's not like we go out and pick somebody. We will pick names from those people proposed by community-based groups and individuals who want to serve in the board. Vice Chairman Winton: Well, I guess my sense is, though, that -- it just doesn't sound -- from a performance standpoint, it just doesn't sound like that system will work at getting the kinds of people that we could count on to make the best decisions for our community in that hind of process. Because this board will be the most important board that this City has. It's a board that will have an opportunity to take our City to the next level, or it could be a board that drops an anvil right on our heads, and it's the quality of the people that are chosen that are going to be key. Well, it's like choosing a new director for a department. You know, when you're choosing a director for a department, you don't ask for everybody to submit their name; you get this long list of names, and somebody sits down and looks at the names and go, "Beep, I know that guy. I'm picking him." You go through a deliberative process, where you understand what the shill sets are that each individual has to offer up, and you probably do some interviewing -- well, I don't know in this kind of process -- you do interviewing of people that are interested, and then you enol up with a finalist group of candidates that go through a more exhaustive process and somebody makes a decision. Well, it seems to me -- and I think that Howard Simon sent nye a letter some time ago that -- and I don't remember what -- how he suggested that -- but it had the right kind of smell test to me, where we identify and empower a panel of very unbiased, but representatives of organizations that are beyond reproach, that would do something similar to what you're suggesting there, but then take the steps of doing the -- reviewing the resumes, of 219 January 10, 2002 doing the interviews, of helping pick the right -- a set of people. And it may be, if we have a -- if we're choosing 15 people or we're choosing 10 from a Commission standpoint, that 20 names come to us that have been appropriately vetted, interviewed, looked at, have the right kind of skill sets, have the right kind of demeanor. And demeanor is as important as anything in this whole thing also. There's a lot of people out there that are very smart that simply can't work in a team setting that this is going to be. And, so, it -- that kind of process, where somebody's really done that kind of in-depth analysis, done the right kind of thinking about the people, and then a list or 20 names come to us and we pick 10 of those, that process just feels better to me than the one where we're just kind of going out and anybody that wants to be on this or any group wants to, send us your name, and then we kind of go through the telephone book there and say, "OK, I know that guy, that name, I'm going to pick that one." And it just doesn't feel right tome for this kind of an important board. But then, if you go the route that I'm discussing, then you've got to get to the discussion of, well, who is that -- what's that panel made of? What are those organizations that are going to represent our interest to do all of that hard work for us? And that's another whole debate. And I don't know who they ought to be. So, I'm suggesting that the process -- Chairman Regalado: But what you're doing is, you're taking the suggestion that the Mayor conveyed terms of getting all the community groups to the next level, is to have a filter, And then when you get, you know, the final process, we can pick maybe from -- if we have -- like you said, if we have to pick from 10, if that is the case, we can get 20 or 30 names, and then it would be easier after the process is done. So, I mean -- Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele. Commissioner Tcele: Mr. Chairman, thank you very much. First of all, I really am a little bit nervous about the discussion in this context. If what we just went through for the last two hours, the lesson that we maybe were learning is that we should have had citizens' involvement before we dealt with the bus bench issue, then the lesson that we should certainly -- then what I think would be an even worse lesson to learn would be where you put citizens in a room and tell them to give you recommendations, and then you start making the decision before they give you the recommendations. And I really think I'm not prepared to make any recommendations until I hear rrom the people that we've asked to go in -- out and study this issue, and there's going to be same debate and some confusion and some difference of opinion. But I don't think -- and I hope the City Attorney will take this warmly -- but I don't think we should let the City attorney stampede us into trying to help him figure out which way to go, because there's so much debate and discussion in these rooms, because that's why we send them into the room, is to debate it and discuss it. And I'm not prepared to give the City Attorney or the industry of these various groups any direction from my point of view, because I'm looking to hear your point of view. And that's -- you know, that's why we ask you to have meetings; that's why we ask you to have public hearings. I don't want to make any recommendations or decisions that I feel bound to, until I've heard from the public. Having said that, I am one hundred percent -- well, let me say this. The industry -- the community groups went to the Mayor, which I think they should have done, perhaps, and asked the Mayor his views. The Mayor has done what the last Mayor would 220 January 10, 2002 never do. Thank God he -- you know, this Mayor is prepared to say what he thinks, and that's very helpful to me. I think it's helpful to the Manager or the Attorney. And, at least, I want to express my appreciation for the Mayor saying something because, you know, we'd always spend our time, Well, what does the Mayor want? What is the Mayor -- so, at least it's good to know SODIC of the Mayor's thinking. But having said that, I really do think that the process of us making appointments in the blind, if you will, is a very bad process; that is, for us to make 10 appointments and the Mayor to make four. No serious appointments in our government are made that way. When the President of the United States makes appointments for judges, Mr. Attorney, when the President of the United States makes appointments for judges, he gets someone to nominate them to him. The President, under the Constitution, the way it has been implied, cannot make appointment of judges without conferring with the United States Senators, and all of them have a 15 -member Nominating Committee or so, or some appoint. The Public Health Trust is an example. We set up the Public Health Trust. I set it up as Chairman of the Commission, We dealt with this issue for three months, who's going to make the appointment? What we came up with and what's in place now is a Public Health Trust Nominating Committee. The Nominating Committee, which is five people -- I even appointed Sergio Pena to the Committee at one point, to show I was going to support builders at some point. But the fact of the matter is, it was -- it's a diverse committee. It meets with people. It talks to people. It raises these -- somebody's got to sit down and spend some time vetting names. We're not going to vet names. We're not going to go through the backgrounds and the evaluations. We need a process, I think you called -- you referred to it, I think, as a "filter." I think that would be something that we should consider. Appointments throughout government are made through Nominating Committees or through recommendation panels, or et cetera. I do happen to agree with you, Commissioner Regalado, that I don't think, at the end of the day, whatever the process is, whatever the number, whether it's 15 or 9 or 17 or whatever that number is, I think the only thing that I have said, consistently, that at the end of the day the Commission must confirm or make those appointments. That's the only -- and I don't think we ought to give that away. I think, even as it relates to the Mayor's appointments, the Mayor's appointments should be submitted to the Commission for approval. Chairman Regalado: Of course. Commissioner Teele: ,rust like the President's appointments. So, I think, at the end of the day, we have got to understand that we've got this on our back. And Commissioner Sanchez makes the point that we need to do it right. And I think the more debate and the more discussion is helpful, as opposed to rushing into it and trying to come up with a formula either as to the numbers or the process. In addition to the numbers and process, what I am most concerned about is what is the mission, the scope, and the authority of the Civilian Independent -- by the way, 1, for one, Would not rule out -- I'm open to three or four or even some number of the people coming from designated organizations, subject to our approval. Or maybe the organizations can submit three names. I think it's not fair to treat every community organization the same, because there are different understandings, there are different commitments on this issue. I mean, I think we know there are three or four organizations that have been involved in this. 1, for one, would be open to, as a part of that nomination process, three or four organizations being able to make two or three nominations, of which we will select one name. The Commission would select one name as a part of that process. I mean, I don't have an idea. 221 January 10, 2002 I'm saying those are some concepts. And let me tell you why I'm willing to do that. We gave the Police Chief that right, and that was the deal that I cut. That was a compromise that I cut. And if the Police Department should have the right to make a nomination, I have no reason to believe that the ACLU, as an example, or PULSE, or, for that matter, the -- what's the lawyer who's been on the "rights" issue, trying to treat people fairly, the famous Cuban lawyer that came here. Chairman Regalado: Osvaldo Soto. Commissioner Teele: Osvaldo Soto. Or SALAD (Spanish American League Against Discrimination). You know, there are organizations that have -- I mean, there's not an African - American judge that has been elected in this town, that I know about -- elected -- that did not get the support of SALAD aggressively and going out and support him, because they've tried to be fair and involved in the inclusion. So, there are other organizations, obviously; the NAACP, Brothers of the Same Mind, not to list who or what. But I think somewhere we ought to make a hard cut, and we ought to empower two or three organizations to make recommendations, but they can't name anybody. They can only recommend two or three names to us. And the Commission, as a body, would select from that list. That's just one model. There are a hundred different models that could be employed. And I think we need to hear from the various people that are out here trying to give us advice on that. But I'm more concerned about the scope of this body. And I think the whole issue is, we're spending all of our time arguing about structure, but the mission, I don't hear anything about. I want to know about the role of the CIP, as a part of this ordinance, in training, in recruitment, in providing oversight and advice to the Police Department, as it relates to getting on the front end. Everybody wants to talk about the investigation. I feel very strongly that if you can get on the front end of the problems and help to identify them, there's much more there. We heard a very tragic situation today that's gone back and forth in the Fire Department. Someone needs to be looking at every complaint that is filed against the Fire Department, the Police Department or any other uniform -- NET inspectors. Someone ought to be collecting that and keeping that, and help -- being in a position to advise us, "Commissioners, you all have a problem in a particular area, based upon the patterns that we've looked at for the last two or three years." And, so, I hope that the Commission will keep an open rind. I hope the Mayor will keep an open mind. I hope the public will keep an open mind. And we should try, as Commissioner Sanchez says, to do this right. Because at the end of the day, we have the obligation to -- we're going to get one chance to do this. Commissioner Sanchez: Just one. Commissioner Teele: Just one. And we need to do this right. Commissioner Sanchez: Mr. Chairman. Chairman Regalado: Thank you. I just want to make a point. And, Commissioner Teele, to be fair -- and this is for the City Attorney, too. Commissioner, just to be fair -- and for the City Attorney -- the City Attorney did ask for more time on all the issues, but I sort of imposed on him the fact that we have to deliver something to the people of Miami soon, and I've sort of imposed on him some of the issues that we could discuss without problems, in terms of the legal 222 January 10, 2002 0 implications, and the number of persons in the committee and the process. It's one of those that does not have a legal problem, now that it's been worked out. So, that is -- I wanted to say that, and to be fair to the City Attorney. He's not the one pushing. I sort of pushed him on that matter. Commissioner Sanchez. Commissioner Sanchez: Mr. Chairman, I left out a recommendation, Chief, that I gave to you several months ago. It's just a recommendation that I felt could have been something that we could have dealt with before we got to this point. And what the recommendation was, and I think one of the steps that the City of Miami Police Department needed to take was to, as quickly as possible, take Internal Affairs and get it out of the station and put it out, independently -- because let me tell you what happens. And I speak from experience. When I was a State Trooper, we have -- our station was at 107th and 836. Our Internal Affairs was in front of Miami High on 26th and Flagler, next to the DL-- the Department of Highway Safety and Motor Vehicles, Drivers License Department. But the concept here is that you can't have an officer investigating officers, where you're -- you know, you're having a soda and you're BS'ing in the cafeteria. It doesn't work that way. And that's something that maybe you need to look into. That's just a recommendation that I put out, because of my experience in law enforcement. A lot of the departments throughout the nation don't have Internal Affairs in their station. They have it separated because it doesn't create that buddy buddy system. It doesn't contaminate the well, as we speak. And that was a recommendation that I gave to you. And it was just a recommendation. Have you considered maybe doing that, and taking Internal Affairs -- instead of having -- maybe putting it under you, instead of having a Mayor there, someone overseeing it. Have it under you. You take full responsibility of Internal Affairs, but you take it away from the station and you separate it. Vice Chairman Winton: Mr, Chairman. Chairman Regalado: Yes, sir. Vice Chairman Winton: I think Joe's point here and question here is a great question. I think there's a whole series of discussions that we could have about how Internal Affairs works within the City of Miami. But I'm nervous about getting off into that arena when we're trying to get something here done on CIP (Civilian Investigative Panel). And, so -- Commissioner Sanchez: We're just providing to the Mayor input on the Mayor for his -- Vice Chairman Winton: For Internal Affairs or for CIP? Commissioner Sanchez: No, CIP. This is just a recommendation that was made. I felt that -- this may be a part of the problem for years, OK? I don't k ow how you could have a police officer -- an oversight unit to oversee police officers, where you are in the same building and you basically work out of the same gym, and you basically cat at the same cafeteria and you basically may go out fishing together or whatever. I mean, there's nothing wrong with that. But I just feel that if you look at other major departments, there's a separation from the Police Department and internal Affairs. And it's just a recommendation that might be a good recommendation at the City of Miami Police Department. 223 January 10, 2002 Raul Martinez (Chief of Police): Yes, Commissioner. If I may answer, briefly, so I don't take a lot of time. Raul Martinez, Chief of Police. We dict take that recommendation. We had been working with Asset Management. We have three or four sites that we had visited, and we hope within 90 days, at the longest, we will come back with a rental agreement or a lease agreement for a facility. Some of the ones they gave us don't have ample parking spaces, an issue for citizens, so citizens can have access to the area. But we have at least one location that looks promising and we're looking for a couple more so we can compare, you know, the price per square foot. But we agree with that. Commissioner Sanchez: Not that I'm saying that it happens, but the perception is always there. Mr. Martinez: We agree, sir. Vice Chairman Winton: Well, I have another question. What happened -- the officers that are assigned to Internal Affairs, are they always in Internal Affairs? Mr. Martinez: No, sir, Vice Chairman Winton: Do they rotate out of Internal Affairs? Mr. Martinez: There's a normal rotation process that happens every -- Vice Chairman Winton: So, they go back out on the street. So, let me see if I got this right. I'm a uniformed officer. I'm in -- now, I just got rotated into Internal Affairs. My buddy's coming into Internal Affairs to be investigated. And, let's see, I'm going to be rotated out of here another year from now. Mr. Martinez: Commissioner, no. They don't normally rotate in. They're selected by Inc. I make the selections for the officers that work Internal Affairs, Before I tools over, there was -- you advertise. Whomever applies gets selected and I changed that. They don't do that. We pick seasoned investigators, seasoned veteran investigators that ]snow how to do investigations. Vice Chairman Winton: But they've still got to go back out on the street at some point. They're going to rotate out. Mr, Martinez: At some point, when they get promoted or they get tired or we get tired of them, they go out in the field. Vice Chairman Winton: Right. But it's the point -- it's the reason I didn't want to get into this discussion, because I think there's a whole discussion to be held about -- and I felt this way -- I mean, it's just the logic and how human nature works. And I have struggled for years -- you know, watching these cops shows thinking, you know and now that I'm in an elected official position, where I've got to really seriously look at this stuff, the idea of Internal Affairs that uses guys that came off the street, now I've got to kick your butt, but I'm going to be back out on the 224 January 10, 2002 street two years from now and you're going to be -- you're going to have my back, that is absolutely illogical. Mr. Martinez: Commissioner, let me say something. And going back to cops shows and -- don't believe all the cop shows that you see. But they're always portrayed as hated by all the police officers. You know, everybody hates them. Internal Affairs is here. You know, that's the portrayal, and it's a reality. You know, the cops -- Vice Chairman Winton: It probably should be. Mr. Martinez: Right. And that's the -- it's not just a bad portrayal, you know. They all think they're out there to get me. You know, that's the feeling that they have, you know. And those that are there are doing a very fine job, and a very difficult job, and a thankless job that they do, because, you know -- Vice Chairman Winton: Yeah. Mr. Martinez: -- the community thinks they're in bed with the fellows police officers, is what you're saying. The cops think they're out there to burn me. So, they're in between a rock and a hard place. Commissioner Sanchez: I don't disagree with that. It's a tough job. But, still, the perception is there. Mr. Martinez: I agree, sir. Vice Chairman Winton: Well -- but before we go leasing space, the point I want to make here -- I -- from -- the leasing space is going to be a public policy issue. I'm going to have -- I want to have an intense debate at this Commission level about Internal Affairs, how it works, whether, frankly, we ought to have Internal Affairs, and if we have Internal Affairs, whether it should be an independent group, whether it should be outside consultants hired to come in here. You know, how IA (Internal Affairs) ought to work. The logic of me overseeing my buddy for two years or three years and he's not my buddy for two years, three years, and then lie's my buddy again later, that logic doesn't work. You know, doesn't work. And, so, that's why I want to have a real debate about Inicrnal Affairs before we go out leasing space, because I think there's some real public policy issues here that we ought to look at before we jump. And you may convince me -- somebody may convince me at the end of this debate that my thought process is a hundred percent wrong. And I've been convinced before, when I'm going down a path, that the path I was on was a hundred percent wrong, but we haven't had the debate yet. So, I -- and that's the reason I was encouraging us not to get into this debate tonight, because what we're talking about doesn't have anything to do with that, and I wanted to have that debate later. So, I'm done. Commissioner Teele: Mr. Chairman -- Chairman Regalado: Thank you. Yes, sir. 225 January 10, 2002 Commissioner Teele: -- on what Commissioner Winton is saying, I agree that we should not get into that debate tonight, but since we're in it -- Chairman Regalado: OK. Commissioner Teele: But since we're in it, we have to be very careful about that debate, because a frill discussion that will be helpful and meaningful, which needs to be had, in the context of lawsuits and people standing around looking for something to complain about, the CIP and all of that, I'm not sure that, given the sunshine law and the requirement that that debate be in public at a dais, recorded, that we won't have five defense lawyers on cases that may have happened in'85 or last year sitting here and reading about what we said or what questions we raised in that. And, so -- I mean, I'm not trying to kill that debate. I want to have that debate. I want to have that discussion. But I also recognize that there are a lot of people who are looking for ways -- because at the end of the day, any mistake that Chief Martinez and his men make, we're the ones who have to write the check to pay for it. And, so, if we start talking about Internal Affairs and really having a public debate, just know that we're going to basically have other people listening to that debate -- Vice Chairman Winton: We'll lean on our City Attorney to help us guide that. Commissioner Teele: -- on that. But I wasn't sure on what -- how the Chief responded to Commissioner Sanchez, because I really do think there are two issues on that, and I'm through. Internal Affairs being in the Police Department, not only has a chilling effect on someone coming in the department and complaining, but it also, I think, just defies human nature. If I -- if I'm having a cup of coffee in the break room with you and I'm, you know, having a soda, during sornebody's, you know, birthday or whatever, I mean, you know, it creates an atmosphere. And, you know, the Army has inspector generals. Nobody likes the inspector general. The inspector general can cost you your command. But the inspector general doesn't socialize with the people he's going to come in and get. And every unit commander is going to have an inspector general come in and do an unannounced inspection. And nobody likes them. They're hated. But that's ]low you keep the check and balance. So, I just think that what Commissioner Sanchez is saying is something that you ought to look at and maybe discuss it individually with each Commissioner. Vice Chairman Winton: Except he is. He's already -- he just said that he's going to do that and he's in favor of it. So, I was moving it a step further, and that's the whole discussion about Internal Affairs, period. And, so -- and I'm not criticizing you, at all. I mean, this isn't a criticism of you or there or anything else. But Commissioner Teele used the word that I was struggling for. The process, as I currently envision it -- and, life I said, I could be -- you could convince me that I'm a hundred percent wrong, but as I look at it kind of from all inside/outside standpoint, it defies human nature. And, so, that's what I wanted to get through. And I don't know if we can have that debate in the private or if we have to have the debate in the sunshine or whatever, but at some point we need to have that. Mr. Vilarello: You can certainly have the nature of this debate, as you're discussing it today, reaching final conclusions, those are policies that you created. And before you reach any final 226 January 10, 2002 0 ! conclusions, I would suggest that we discuss the legal parameters that we would have to layout. As far as having a discussion with the Chief, and the Chief describing to you all how the process works, that's certainly fine, as well. Chairman Regalado: OK. Everybody now knows how all the five members of the City Commission feel about it. We have very different opinions. But I guess that the majority seems to understand that we have to make an appointment at the end of the day. It will be the City Commission who would make an appointment either -- and Mayor, of course -- either from a list, either from a Selection Committee, either in a direct way. So, that, I think, is pretty much established. And this is what we're trying to do. I attended -- I have attended two meetings -- public hearings to listen in, and unfortunately not too many people from the community have attended. I see here many faces that I seen in those meetings. So, we're going to open the public hearing. And, remember, we probably will not be voting on the ordinance today, but we will establish some guidelines that the City Attorney and the Manager and the Chief of Police will be discussing later. So, the public hearing is opened. You want to go? Name, address. Max Rameau: Max Rameau, 4055 Northwest 17th Avenue. First of all, I want to see if we can clear up any confusion there is and any intermediaries there are about the proposal that the Coalition has come tip with. So, we have copies of our proposal here that we'll have -- just real quick to go over a couple of points about the item. I understand it's not going to be voted on today, but we want to address how we envision the nomination and appointment process going. First of all, to address specifically the Mayor's and Commissioner Regalado's suggestions. We are concerned that direct appointments will politicize the process and lead to having people on the CIP who will be seen as a Commissioner's nominee and, therefore, tied to them or beholden to them or somehow any decisions that they made are being controlled by the Commissioner who appointed them. That's going to lend itself to a process, which is open, transparent and lend itself to trust by the community. So, as such, we had proposed having nine members. We don't want to have a big quibble about the -- you know, how many numbers, the members -- that's not really a big issue, other than, obviously, it has to be an odd number. However, what we have found in the research that we've done, if you get a group that's too large, it becomes unmanageable and, therefore, difficult to have meetings and come to conclusions. So, the number of people on the panel is not really the most important point. We have not tried to limit the number of organizations who would submit nominations. In fact, we have in our proposal that the nomination process -- submitting nominations will be open to the entire community. Organizations, people who own businesses, who own property, or who live in the City of Miami will be able to make nominations. We also would life to have a Nominating Committee, and that committee would go through the nominations, screen them, and come up with a list of a certain number. So, for example, if there are eight seats that the Commission will be ultimately appointing, they will make -- the Nominating Committee will make 16, twice the number, ultimate nominations to the Commission, and the Commission would choose from those 1.8. Those 18 would have already have been -- I'm sorry, those 16. Those 16 would have already been screened by the Nominating Committee and, of course, would be available. So, there will be a much more manageable number that the Commission ultimately would be dealing with, and that those people have already been screened. In terms of who makes up the initial Nominating Committee, that's, of course, the big question. We have here in our proposal that the community -- several community organizations, who have participated in the process and supported it, 227 January 10, 2002 including PULSE, the NAACP (National Association for the Advancement of Colored People), the Greater Miami Chamber of Commerce, SALAD (Spanish American League Against Discrimination), CASA (Phonetic), Vecinos en Accion and several other groups, The ACLU has taken itself out. The ACLU (Americans Civil Liberties Union) has taken itself out because they want to be a facilitator, not a participant, but would make -- but would nominate someone to the Nominating Committee. And that Nominating Committee, again, would be the screening committee for the nominations made by anyone and everyone with an interest in the City of Miami. And of course the Chief of Police has a direct nomination, and then -- I'm sorry, direct appointment. And then the City Commission would, as a group, appoint each of the individuals there. Rather than having each Commissioner having essentially a nominee who is pegged to that particular Commissioner. Either in the term -- in the length of their term, which should not be related to any Commissioner or to their actual appointment, but they should not be appointed by one particular Commissioner, so that there's not the perception that this is a Commissioner's appointee and does what the Commissioner wants and, therefore, is open to political machinations. We have a lot more to say about particularly the scope and things. Chairman Regalado: Thank you. Fernando. Fernando Gonzalez: My name is Fernando Gonzalez. I'm from Little Havana, Vecinos en Accion. Community organizations created by the community (UNINTELLIGIBLE) I believe or we believe. I insist that it belongs to the -- some part of the government or churches or the different groups that have the organization not with the good faith or, you know, that -- to go in and benefit of the community and work for the community. Community organization is the barrier of the organization, you know. And what happened is, we have many organizations that you agree to call and participate in this process, but the people, the real members of the community, remember something, that every time there is a problem, the problem is against to a poor person, a person that can't afford a lawyer or -- you know. And this seems to happen. Select a member of this board to be a person that be members of organization, created by the neighbors. We -- since this process start, I was coming here to this chamber to see what's going on as a member of the community and we want to participate. We have designated somebody that -- our organization is going to come with records and whatever to try to be a member of the board. But what I tell you is this: With all my respect, really, since we start coming here, only nine or 10 faces of the community have been around here trying to create this board, and no one of the -- another organization that are going to bring up. We never see these people around here, and we -- I don't think -- I don't know. Everybody have the right to participate, but this people that come over here and has been working since long time in this process and came here to ask for the board or to -- the CIP be created, these people can't be forgotten, you know. Please -- to be fair with the community, who really have been working with this process since this process started. Thank you so much. Chairman Regalado: Thank you. Sir. Jaimc Perez: Thank you, Mr. Chairman. My name is Jaime Perez, 369 Southwest 23rd Road. I'm here representing SALAD, Spanish American League Against Discrimination. In many ways we agree with your opening remark, but I would like to mention several facts here. According with an article in today's Miami Fleralrl, as well in the L'1 Nuevo Herald, some 228 January 10, 2002 community organization made clear -- and I quote -- that they don't want politician to appoint anyone to the CIP panel. Nevertheless, the same group presented to the Mayor a proposal for a CIP ordinance, in which the Commissioners appoint nine members to the CIP panel and the City of Miami Chief of Police shall appoint one. In this proposal, the Mayor and the City Manager are excluded from making appointments, as is established in their previous draft made by the City Attorney's Office, The Commissioners, as well as the Mayor are politicians. Why they exclude the Mayor? Now, we at SALAD are in favor of direct appointment, as follows: One, the Commissioners shall appoint 10 members, two for each district, and they should be a resident of that district. The Mayor shall appoint one member. The City Manager shall appoint one member. And the City of Miami Chief of Police shall appoint one member. The CIP ordinance shall not limit the number of organizations entitled to make recommendations to the appointment of members of the CIP. This is a democratic process and any group of citizens should be allowed to make recommendations to the Commissioners. Now, the reason that we in favor direct appointment is very simple. By your election to the -- as a -- to the Commission, you represent the people. That representation mean that the people trust your good judgment, and we ]snow that when you make a decision, you have the community and the City at heart. And we know that you're going to make a decision. That is the reason that we believe in direction recommendation. Now, as far as term of office, we establish that term of office should be six years or until the Mayor or the nominating Commissioner leaves office. I think this should be a standard procedure in the government in City of Miami. As far as the investigation procedure is concerned, the ordinance creating the CIP Panel shall establish very clear that the investigation procedure used by the panel shall not interfere with any applicable law. This is the position of SALAD, Mr. Chairman. Thank you. Chairman Regalado: Thank you very much. Thank you. Mr. Simon. Howard Simon: Thank you. Good evening again. I want to suggest to you that the recommendation -- and I regret having to say this, because we all want a new Mayor to succeed and support what lie wants to do early in his tenor, but I want to recommend to you that the proposal that has been put forth is not going to ensure the confidence and the trust of the community and is not going to ensure that people with merit are appointed. What is ironic in all of this is that you may recall -- those of you who served on the Commission -- is that after the Charter language was approved, I retail pretty clearly former Commissioner Gort and certainly I recall Commissioner Winton pleading with all of us to try to do what we can to craft some structure to keep politics out of this as much as possible. The proposal that was given to you earlier is a proposal to ensure that as much politics as possible is going to be part of this. I -- this is a difficult issue and I completely agree with all of the comments made by Commissioner Sanchez. We've got to do it once and we've got to do it right. And what's difficult about this is that we're balancing for our five different values here. We want to ensure that people with merit are appointed and we want to ensure that political appointees are reduced as much as possible to make sure that people who are on this very important panel are fair and unbiased. We want to ensure as much community involvement. We ultimately have to ensure -- oh, my God -- that there is Commission responsibility for all of this, and we want to ensure that there's as much diversity in the representation as possible. But I want to recommend the following all different structure and if you have to give guidance to the City Attorney, I want to recommend that you look at a completely different structure. I think Commissioner Teele hit the point on the nose, 229 January 10, 2002 when he analogizes to the appointment of judges. In effect, you're malting that kind of serious appointment. When the Governor of the state of Michigan -- excuse me. That's where I used to live. When the Governor of the state of Florida makes an appointment for a judge, he doesn't pick a name out of the air. There's a committee called the Judicial Nominating Committee that -- that's all the candidates that screens their applications. The Governor doesn't sit as a Nominating Screening Committee. He trusts some people -- you do that with the Public Health Trust structure, as well. It vets the people and then it submits names. And most importantly, the Governor has to make a choice from the names submitted by the Screening Committee. Now, if we -- Commissioner Teele: Or he can reject all of them and send them back. Mr, Simon: Or send it back and they start all over again. But he's committed to making the appointments from the list submitted by the screening committee. Now, I don't care how you design the screening committee. The City Attorney is intelligent enough and thoughtful enough to come up with that kind of a structure. But if you have that kind of filtering system, you will have done a couple of things. You will have ensured merit and you will have protected your role as ultimately malting the appointment, and I want to suggest that you do that, rather than go to the traditional structure of direct appointments from each member of the Commission. That's the way every committee works. This is a different committee. This is something that is far more important and far more serious and you've got to look at a different structure to make sure that merit is enhanced and political connections are diminished as much as possible. Chairman Regalado: If I may. Mr. Simon -- Mr. Simon: Yes. Chairman Regalado: -- by listening to the members of the Commission, I guess that you have -- you should have the sense that first the majority doesn't mind to do the appointment as the Commission. And secondly, the majority does not mind a filter or a Selection Committee that will bring several names and out of those names -- Mr. Simon: Right, Chairman Regalado: So, I think we are going in -- Mr. Simon: I agree. But that is a little -- I'm not slue I understood that when I heard the Mayor's recommendation. I want to say -- because, look -- the devil -- Chairman Regalado: No. The Mayor does want -- the Mayor does want input from every segment of the community. Mr. Simon: Right, Chairman Regalado: And that could go to this filtering process. 230 January 10, 2002 Mr. Simon: Right, And I want to say, I'm not interested in being on the CI:P. Our organization isn't interested. That's not the issue here. Find a neutral body of people who you trust, ask them to vet the candidates. Submit the candidates to you. Do I understand, from what you said, Commissioner Regalado, which I would really agree and applaud if that's what you meant, that then that the appointments made by the Commission would be restricted to the candidates submitted by the -- whatever is set up as the Nominating Committee. That is also very important. Let me mention one other thing, where the devil is into details. I would really urge YOU to look at a structure, unlike the one that you use all the time, in which whoever is appointed are people who are elected by a majority vote of the Commission, as opposed to each member malting an appointment. We want to get people that have as broad a community support as possible for this thing. So, my point is, don't use the traditional structure of each Commission member making direct appointments. Trust some Nominating Committee. Ask the City Attorney. If you want to give guidance to the City Attorney, ask the City Attorney to design a Nominating Committee structure by which that Nominating Committee, whatever it is, solicits nominations, screens nominations, and submits those nominations to the Commission and the Commission makes the appointment from those nominations. Thank you. Chairman Regalado: Thank you. Mariano. Mr. Mariano Cruz: Good evening. Mariano Cruz, 1227 -- Commissioner Teale: Happy New Year. Mr, Cruz: Happy New Year. Same to you -- Northwest 26th Street, Miami, Florida. Chairman Regalado: Three more cents. Mr. Cruz: I. was in agreement -- Chairman Regalado: Three more cents in lune, right? Mr. Cruz: 1 right. I wasn't going to come because yesterday they say that the meeting of this is going to be the 24, right? But anyway, after working 10 and a half hours, I was driving 1-95, I reached my exit and just kept on going south. That's why I dropped in Dinner Key. So, that's why I'm here. But, you know, it bothers me because everybody say, oh, political is political. Everything in this country is political. You are there because it's politics. What's wrong with politics? What we need? Dictatorship? Go to Cuba. No politics there. One guy only. No policies, no election, no nothing. No politics. Zero. Zilch. But I agree with -- we need members there. But, first, I'd like to see members -- to me, could be residents or could be the worker, somebody who works in the City . Because I work in North Miami, I know more about North Miami than people that live there, and I -- because I work there. So, a lot of people work in the City and will be good because they deal with the police and with the people here every day. So, that's -- you've got to go out of the -- the main thing is, whoever gets selected to the panel to be a work -- willing to dedicate time to that panel, not just to be there to have a good resume, curriculum vitae. Oh, I'm a member of the CIP and all that will look good in your resume. No. To work on that. Also, 1 agree with what Mr. Teele said before about the 231 January 10, 2002 F� 0 0 prevention thing. That's a demonstration, but you catch your mistakes before they happen, at the beginning of the assembly line. You don't wait at the end to become the Fire Stone tire and the Explorer, then you catch -- cost a lot of money. Not all -- rent -a -cops at the end. No. You do -- you catch the mistake at the beginning. That's something they could do. It cost a lot less money, a lot less time to do that at the beginning than wait to the end with the CIP and the Internal Affairs and the litigation. Look at those agendas every month, how much money we paying to lawyers to defend people. And this one I saw now about a hundred and ten thousand dollars ($110,000). That's beside the Police budget. That's every, every agenda there. But what -- that's what we see. We don't see a lot of those expenses, too. And that's money that's not going for the flooding in Flagami or for the parks in Allapattah. That money's going to the lawyer friend or Ron Cohen, or this other one, or wherever it is going. No, that shouldn't be. The money should be going to the residents of the City because we are a very poor City. Go into Allapattah. We need the money there. We need the money in Flagami. We don't need the money in those law firms from Brickell Avenue or from Miami Lakes or some other place. So, that's it. Start doing that here, catching the mistake before they happen. I agree with you, Mr. Teele. That's something really good you said there. Because here we just waiting to catch the -- why? Because it's going to be a big bureaucracy, too, with a lot of people investigating things, and a lot of salaries and all of this. Who knows what will become of this? So, start doing that. We already -- the election was November 13th. We almost two months. So, start moving, start going. Thank you. Chairman Regalado: Thank you. OIC. Yes, sir. Dennis Knowles: Yeah. My name is Dennis Knowles, 4055 Northwest l7th Avenue. You know, my opinion on the 15 appointees would obscure a panel. The reason why I say this is because it would keep confusion, in my opinion -- because anything -- any legislation I've every seen passed or done by a body has been a smaller body, except for if you look at a Senate or if you look at Congress, it would throw distrust. Chairman Regalado: Let me just say this. I watch many times some of the board meetings, Planning and Zoning, and you know that for a building to get built, they have to go through Planning and Zoning and then get to the Commission. And sometimes one wonders why it's taking so long. And the thing is that a lot of months, they don't have quorum. People -- quorum. They don't show up. They don't show up. And then a developer cannot just go ahead with the plans. And whatever the bank has in store for them, it gets all mixed up. And I think that it will be very frustrating for a person that has a legitimate complaint, you know, looking forward to the board, that 78 percent of the people of Miami voted for and then go there and find, well, there is no quorum because, you know, of the nine persons or seven persons or whatever persons, only three showed up, because this Attorney had this trial. This judge had to be on -- this important person was in a seminar. Unless we want to say that the minority of the minority can make a decision -- unless we want to say, well, you know, if there are three persons, that's a quorum. But then would that be fair? That is my concern, and I think it's the Mayor's concern, that we need to have people so we can always have a meeting. Because even if you really want to participate sorne day, you're going to have to do something else, because you're not going to get paid as a board member. And I -- that's why a more larger number than nine, 1 think, is important. Because I've seen it here in this board, the projects -- the Street Codesignation -- I 232 January 10, 2002 tried to explain to one person, a family of a person that died, and is willing to pay whatever amount for the signs, and for four months the Street Codesignation Committee never met because the people didn't go. And without that the City could not do the signs. So, it's -- you know, we really have to consider the fact that these people will be people that are committed. But some day, unless we want to change completely the quorum rules to say, you know, if one person is there, that's a quorum. And I'll make the decision. Mr, Knowles: Well, Commissioner, if I may add to that, that hopefully four of them aren't in a plane crash. But -- Chairman Regalado: I'm sorry? Mr. Knowles: Hopefully, four of them aren't in a plane crash, because this is very serious nature. And I'm not -- Chairman Regalado: But do you think that a huge project in Brickell, a three hundred and sixty million dollar ( $360,000,000) project would be important for the members of that board? Mr. Knowles: We're not talking Brickell. We're talking about misconduct. Chairman Regalado: Excuse me. No. Excuse me. I'm talking about, you know, the level of importance. The people from the planning committee do not deal with misconduct. They deal with huge projects. But I'm saying that some people cannot attend and they want to attend. They are -- they love what they do, but sometimes they can't. And this is what I'm saying, in terms of numbers. Mr. Knowles: I'm in disagreement with the 15 or 16. I'm totally in agreement with nine. Again, I'll state that the reason -- and again I'll say why and then I'll make it real clear on this. If you have 15 and you have a lot of confusion with that 15 in terms of giving out an answer, what does that say to the public? Well, that would just be saying the same thing as if you had 15 Commissioners and all of y'all didn't agree with the same thing at the same time. Chairman Regalado: The County has 13. Mr. Knowles: And then you -- wait a minute. And you could not come to an agreement, that would make the public look at the Commission as being what? Very weak. Same thing with a panel. Chairman Regalado: Well, the County have 13. Mr, Knowles: Good for the County. The County's got some confusion problems, too. Chairman Regalado: Los Angeles -- Mr. Knowles: May I move on, though? 233 .January 10, 2002 Chairman Regalado; Los Angeles have 32. Mr, Knowles: May i move on, Commissioner? Chairman Regalado: Thirty-two in Los Angeles. And in Chicago, how many? Mr. Knowles: We only need nine. Chairman Regalado: I understand. But, you know -- Mr. Knowles: I'm giving my opinion. You already gave your opinion. This is a public hearing. Chairman Regalado: I'm just saying that -- Mr. Knowles: May I continue? Chairman Regalado: Yes, sir. Mr. Knowles: Thank you. I do agree with what Commissioner Sanchez mentioned, in terms of NACOLE training. I do agree with that because you must be trained and you must adapt to the arena that you're going into because if you're not adapted to it, you can be chewed up and spit out. By the same token, you can't allow any negative aura to come into this panel because, see, this panel is being constructed to protect who? The victim. To help the victim. A lot of things - - a lot of crime is going on on both sides of the fence, but it must be dealt with. If one string of criminals -- Commissioner Regalado, if one string of criminal element is being dealt with, the other needs to be dealt with, but it needs to be fair. And if you create a negative aura, then the panel will be very ineffective. This is my most important factor, because I see it every day. Thank you very much. Chairman Regalado: Thank you, sir. OK. We are closing the public hearing and we're asking the members of the Commission to -- do you have any direction, other than -- the City Attorney is suggesting that we appoint a group, a working group, that would be the City Attorney, ACLU - - and the fact that lie's suggesting ACLU is because, as you heard, ACLU has decided to be out of the process so they can be the facilitator of this matter and other groups. So they can work on the different issues. So, that -- if you all agree, that will be a direction that the City Attorney will got from us today. The other direction is, should he do more public hearings? I will tell you, you're here all the time. Don't you recognize the sane faces? Mr. Wysong: Yes, of course. Chairman Regalado: Well, -- so, we're going to have public hearings and we're going to have the same faces, which is OK, because it shows that they are really interested and very enthusiastic about. But I don't know how can we reach more people. Is it through the media? Is it -- I mean, we do the public notice. We do everything that needs to be done, and people -- you know, people voted for it and talk about it, but just don't show up. So, that could be a direction. Do we 234 January 10, 2002 waist more public hearings? Do we want the City Attorney to come back on the 24th with more - - and then the final product? Do you think that you can do that? Mr. Wysong: Actually, what we prefer is to have a very small working committee, maybe the ACLU, plus one community group representative, the Chief of Police, the City Attorney's Office, work out -- hash out the issues and then maybe present that to a public meeting so that the other groups could participate, speak, ct cetera, and then we would bring it back to the City Commission. Chairman Regalado: OIC. So, you -- yes, sit•. Commissioner Gonzalez: Move that recommendation, right? Chairman Regalado: OK. Commissioner Gonzalez: Create a committee. Chairman Regalado: Is that what you all want? That's -- we don't need -- Vice Chairman Winton: Because until we get a recommendation from somebody so that you can start debating again, that's the next step, to create a public hearing. Chairman Regalado: Right. The Manager was supposed to give us a recommendation, but he's not ready yet. So -- but I think, you know, that we should not let this thing go, that we should have on the 24th, if not the final product -- because I don't think we're going to have time -- but at least -- Vice Chairman Winton: But the recommendation is going to include the make-up of the screening panel, if you will. Chairman Regalado: Yeah, sure. Vice Chairman Winton: Right? OK. So -- Chairman Regalado: Yeah. All the options. I mean, all the options. Vice Chairman Winton: I'm not sure I want all their options that they can think of I like them you know, they might bring all the options on some piece of paper, but I'd like them to come with a recommendation that they've all hashed out, that they think could work, and then -- Chairman Regalado: But -- Vice Chairman Winton: -- we can -- then the public could debate that. 235 January 10, 2002 Chairman Regalado: But, Johnny, you heard five different opinions. I mean, you know, they should give us at least the option to choose one, two or three, you know, or something like that, and the recommendation from the City Attorney and the Manager. The Manager has to -- Vice Chairman Winton: OK. Maybe no more than three. I mean -- Chairman Regalado: Well, no. I -- Vice Chairman Winton: Otherwise, if we've got 10, we'll be -- Chairman Regalado: But the Manager has to tell us about the budget and the support personnel for that group. So, that is -- I think that's very easy to do for you, Carlos, on the 24th. You know, you can have the budget thing, because it's a non -controversial or legal issue. You can have some details about the budget and the support personnel for this CIP on the 24th. Is that -- Carlos Gimenez (City Manager): Well, if the City Attorney has the composition of the staff of the CIP, that's a simple matter to do. Yes, I can do that. I'm not sure he's going to have that by the 24th. Chairman Regalado: Well -- but, still, you can give us an idea of the budget. For instance, the Office of Professional Compliance or something like that, the budget that it has. Could we use that support personnel or whatever? Mr. Gimenez: I broached that subject yesterday with the members of the group and they weren't too happy with having the Office of Professional Compliance as part of the CIP. We do have -- I can always come back and tell you exactly how much money that that office has. We increased the budget this year in that office, in anticipation of something, and I can -- you know, I can come back with some kind of recommendation and some budget for it and -- by the 24th. Chairman Regalado: I just want to tell you something. I think that we will mance a decision, that we have to mance a decision because we are mandated by the voters, but I tell you. This is like a zoning case of two neighbors fighting. Whatever decision we mance, 50 percent of the people involved will not be happy, So, hopefully, 51 will be happy and 49 will be unhappy. But that's the way it is. Because the people of Miami, 78 percent I think it was, voted for this. I mean, this is overwhelming. It has the support. And we cannot fail the people. So; that's -- Commissioner Teele, any more directions to the City Attorney? Commissioner Teele: No, I'm in agreement with what everyone has agreed on. The City Attorney will try to get a core group and -- Chairman Regalado: OK. Connmissioner Teele: But everybody will be in a position to comment on what the core group is going to be -- 236 January 10, 2002 • • Chairman Regalado: Absolutely. That's what -- OK. So, that's that. We will be back on the 24th with this item. Commissioner Sanchez: All right. Chairman Regalado: All right. Commissioner Sanchez: All right. Chairman Regalado: It's 8:51. 237 January 10, 2002 43. DEFER CONSIDERATION OF PROPOSED ORDINANCE ON FIRST READING IN CONNECTION WITH ANTI -PREDATORY LENDING, Chairman Regalado: Item 17. Needs to be -- Commissioner Sanchez: Well, that item has been deferred. Motion to defer. Commissioner GonzdIcz.: Second. Commissioner Sanchez: Yeah, that's --we're not taking any action on the CIP. Chairman Regalado: Oh, OK. I'm sorry. Commissioner Sanchez: So, there's a motion and a second on the deferral. Vice Chairman Winton: Second. All in favor yes. Chairman Regalado: All in favor say "aye." The Commission (Collectively): Aye, Chairman Regalado: OK. The following motion was introduced by Commissioner Sanchez, who moved its adoption: MOTION NO. 02-44 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 17 (PROPOSED ORDINANCE ON FIRST READING IN CONNECTION WITH ANTI -PREDATORY LENDING). 238 January 10, 2002 • • Upon being seconded by Commissioner Gonzdlez, the motion was passed and adopted by the following vole: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzdlez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None, ABSENT: None. Chairman Regalado: OIC. Item 17 has been deferred. 239 January 10, 2002 • 0 44. RATIFY AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE REQUIREMENTS. FOR COMPETITIVE SEALED BIDDING PROCEDURES AND ISSUE PURCHASE ORDER OF 1.,600, 3M FR64 CANISTERS FOR USE WITH THE 3M FR M40. GAS MASK, FOR DEPARTMENT OF POLICE FROM FLORIDA POLICE PRODUCTSx $43;200; ALLOCATE FUNDS FROM LAW ENFORCEMENT TRUST FUND. Commissioner Sanchez: Eighteen is done. Chairman Regalado: Twenty is -- Vice Chairman Winton: Now, is 17 different than 17A? Commissioner Sanchez: So move 20. Chairman Regalado: Twenty, Commissioner Gonzalez: Second, Chairman Regalado: It's been moved and second by Commissioner Sanchez and Commissioner Gonzalez. It's a resolution. It needs a four-fifths vote. Just for the record, call the roll, Madam City Clerk. Commissioner Sanchez: It's a resolution. Chairman Regalado: Twenty. It's a resolution, but it's a four-fifths vote. And just for the record to show the people voted. Commissioner Sanchez: You're the Chairman. 240 January 10, 2002 The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 02-45 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, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND ISSUING A PURCHASE ORDER FOR THE PROCUREMENT OF 1,600 3M FR64 CAN[STERS FOR USE WITH THE 3M FR M40 GAS MASK FOR THE DEPARTMENT OF POLICE FROM FLORIDA POLICE PRODUCTS, IN AN AMOUNT NOT TO EXCEED $43,200; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT N0.690003, SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF TIIE TREASURY'S "GUIDE TO EQUITABLE SHARING". (Here follows body of resolution, omitted here and on file in the Office of the City Clerk,) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 241 January 10, 2002 45. RATIFY AND CONFIRM MANAGER'S FINDING OF: EMERGENCY, WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND ACCEPT BID OF PROFESSIONAL GENERALCONTRACTORS, INC. FOR PROTECT 'ENTITLED "LEMON CITY RESTROOM. BUILDING; SECOND BIDDING, B-6374",'. $188,800; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROJECT >AS APPROPRIATED BY ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCES, TOTAL ESTIMATED COST $192;800. Chairman Regalado: Resolution �- also a four-fifths vote frorn the Department of Public Works, Item 21. Commissioner Teele: So moved. Commissioner Sanchez: Second. Chairman Regalado: It's been moved and second. Vice Chairman Winton: Third. Chairman Regalado: Call the roll. 242 January 10, 2002 The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 02-46 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, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND ACCEPTING THE JULY 24, 2001 BID OF PROFESSIONAL GENERAL CONTRACTORS, INC. AS THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER FOR THE PROJECT ENTITLED "LEMON CITY REST ROOM BUILDING, SECOND BIDDING, B-6374", IN THE AMOUNT OF $188,800 ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NOS.331386 AND 331369, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCES, AS AMENDED, IN THE AMOUNT OF $188,800 FOR THE CONTRACT COSTS AND $4,000 FOR EXPENSES, FOR A TOTAL ESTIMATED COST OF $192,800; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None, ABSENT: None. 243 January 10, 2002 46 DEFER APPOINTMENTS TO MIAMI SPORTS AND EXHIBITION ' AUTHORITY (MSEA); .COMMERCIALSOLID WASTE MANAGEMENT ADVISORY COMMITTEE; AND PENDING` NOMINATIONS NEEDED BY COMMISSIONER. GO NZALEZ FOR SPECIFIC BOARDS AND COMMITTEES. Chairman Regalado; You all want to do nominations for boards or you want to defer that? Commissioner Sanchez: We could defer that. Chairman Regalado: OIC, Commissioner Teele: If somebody's got an appointment -- I think Commissioner Gonzalez said he wanted to make an appointment. Chairman Regalado: Commissioner Gonzalez needs to make a lot of -- appointments from the Bayfront Park Trust to the Parks Advisory Board. I don't know, Commissioner, if you are ready. Commissioner Gonzalez: No. I think I'm going to defer for the 24th. Chairman Regalado: OIC. So, we have a department presentation, Parks and Recreation. We're going to defer that. Discussion concerning a financial update and budget outlook. Do you want that? Vice Chairman Winton: What item are we on? Commissioner Sanchez: Twenty-seven. Chairman Regalado: Twenty-eight. Twenty-eight. Vice Chairman Winton: OK. Discussion. Chairman Regalado: Discussion. Item 29, discussion concerning a tracking system for complaints in the Department of Fire -- Commissioner Teele: We did that. Commissioner Gonzalez: We did that already. Chairman Regalado: I'm sorry. We did that. Thirty has been done. 244 January 10, 2002 47, DEFER STATUS REPORT ON OZ NIGHTCLUB LOCATED AT S.W. 8" STREET AND 34 AVENUE, Chairman Regalado: Thirty-one will be deferred because the club burned. Commissioner Gonzalez: Really? Commissioner Sanchez: What burned? Carlos Gi nenez (City Manager): The club burned down. Chairman Regalado: It burned, the fire. Vice Chairman Winton: It bUrned down. Chairman Regalado: Remember the club -- Mr. Gimenez: It's a non issue now. They had a fire. Chairman Regalado: Huh? Mr. Gimenez: It's a non -issue. They had a fire at the club. Commissioner Sanchez: Oh, I -- Vice Chairman Winton: I -low did the fire get started? Mr. Gimenez.: I don't know. Chairman Regalado: Nobody knows. But anyway -- Commissioner Sanchez: I got an idea who. That person may be a -- Chairman Regalaclo: OK. PZ -1 was deferred by the administration. So we want a motion to adjourn. Commissioner Gonzalez: Motion. Vice Chairman Winton: Wait, wait. Commissioner Sanchez: No. Vice Chairman Winton: We have pocket items, don't we? Chairman Regalado: Oh, I'm sorry. We've got pocket items. That's right. 245 .January 10, 2002 48. APPROVE REQUEST FROM CONCERT ASSOCIATION OF FLORIDA TO PLACE BANNERS ON LIGHT POLES THROUGHOUT CITY TO PROMOTE CULTURAL EVENTS INCLUDING ALVIN AILEY AMERICAN DANCE THEATER. Commissioner Teele: Mr. Chairman, we did -- where's Chelsa? Mr. Chairman, we did -- Chairman Regalado: Pocket items, Let's start -- Commissioner Gonzdlez, you have any pocket items? Commissioner GonzAlez: No, sir, 1 don't. Chairman Regalado: Commissioner Winton, Vice Chairman Winton: I have two more banner things. Alvin Ailey American Dance Theater Banncr. So move. Commissioner Sanchez: second. Chairman Regalado: It's been moved and second. All in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Vice Chairman Winton, who moved its adoption: MOTION NO. 02-47 A MOTION APPROVING REQUEST FROM THE CONCERT ASSOCIATION OF FLORIDA TO PLACE BANNERS ON LIGHT POLES THROUGHOUT THE CITY OF MIAMI TO PROMOTE ITS CULTURAL EVENTS, INCLUDING THE ALVIN AILEY AMERICAN DANCE THEATER. 246 January 10, 2002 Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Conirnissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 247 January 10, 2002 49, APPROVE REQUEST FROM COCONUT GROVE PLAYHOUSE TO,PLACE BANNERS ON LIGHT POLES THROUGHOUT CITY TO PROMOTE: FOUR SPECIAL THEATER PRODUCTIONS, Vice Chairman Winton: Coconut Grove Playhouse Banners. So moved. Commissioner Gonzalez: Second. Chairman Regalado: It's been moved and second. All in favor say "aye." The Co»imission (Collectively): Aye. The following motion was introduced by Vice Chainuan Winton, who moved its adoption: MOTION NO. 02-48 A MOTION APPROVING REQUEST FROM THE COCONUT GROVE PLAYHOUSE TO PLACE BANNERS ON LIGHT POLES THROUGHOUT THE CITY OF MIAMI TO PROMOTE FOUR SPECIAL THEATER PRODUCTIONS FROM JANUARY THROUGH APRIL 2002. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vicc Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None, ABSENT: None. 248 January 10, 2002 50. REFER TO MIAMI STREET CODESIGNATION REVIEW COMMITTEE PROPOSED CODESIGNATION OF TWO BLOCKS OF NINTH STREET BETWEEN BRI CKELL PLAZA AND SOUTHWEST SECOND ;,STREET. AS "BEETHOVEN WAY, . NINTH SYMPHONY. STREET. Vice Chairman Winton: And the third one is 9th Street Codesignation, naming the two blocks of 9th Street between Brickell Plaza and Southwest 2nd Street Beethoven Way 9th Symphony Street, which apparently Brickell Area Association -- Brickell Homeowners Association and the rest of the Folk seem to be in favor of this. So, it will go to the Street Codesignation Committee. Commissioner Sanchez: Second. Chairman Regalado: It's been moved and second. All in. favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Vice Chairman Winton, who moved its adoption: MOTION NO. 02-49 A MOTION REFERRING TO THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE, WITH A POSITIVE RECOMMENDATION, PROPOSED CODESIGNATION OF TWO BLOCKS OF NINTH STREET BETWEEN BRICKELL PLAZA AND SOUTHWEST SECOND STREET AS "BEETHOVEN WAY, NINTH SYMPHONY STREET." Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Vice Chairman Winton: That's all I have. Thank you. 249 January 10, 2002 51, EMERGENCY ORDINANCE: AMEND SECTIONS 2-887 AND,54-140(d)(3) OF CITY CODE TO REDUCE NUMBER OF MEMBERS REQUIRED FOR QUORUM TO CONVENE MEETING OF STREET CODESIGNATtON REVIEW COMMITTEE, Chairman Regalado: OK. Commissioner Sanchez. Commissioner Sanchez: Mr. Chairman, of course, if we're not able to pass this pocket item, we won't have a quorum ever again at the Street Codesignation Review Committee. I respectfully recommend that the City Commission support an emergency ordinance amending the code of the City of Miami, reducing the number of members required for a quorum; to convene a meeting of the Street Codesignation Review Committee. So move. Commissioner Gonzalez: Second. Chairman Rcgalado: OIC. Vice Chairman Winton: What did we just do? Chairman Regalado: You reduced the quorum -- the Street Codesignation Committee never -- Commissioner Sanchez: They never show up. Chairman Regalado: Never show Lip. Commissioner Sanchez: So all you get is just one person or two people to show up. Chairman Regalado: So, you know, if two or three people show up, you can have a quprLun. Vice Chairman Winton: Or one. Chairman Regalado: No. Commissioner Sanchez: No, not necessarily. It says the members present shall constitute a quorum for the purpose of convening a meeting. Vice Chairman Winton: Right. So, if one person comes, that member present gets to be -- Commissioner Sanchez: And that would require a vote of no less than 50 percent of the members present in voting at any -- Vice Chairman Winton: Right. Commissioner Sanchez: -- meeting is required for any action to be taken by 50 percent. Vice Chairman Winton: That could mean one person, just so you understand that. 250 January 10, 2002 Commissioner Sanchez: Yeah. Vice Chairman Winton: It could be one. Commissioner Sanchez: Yeah, it could be one. Vice Chairman Winton: if there's -- Chairman Regalado: But, you know, ,lohnnny, they keep -- Commissioner Sanchez: They never show up. Chairman Regalado: They keep deferring all this because they don't show. Vice Chairman Winton: Well, that's true, and we want to get it done. So, if they start screwing up, we'll revisit it, Alejandro Vilarello (City Attorney): Mr. Chairman, this is an emergency ordinance. Chairman Regalado: What, what? Mr. Vilarello: You want nye to read it? Chairman Regalado: It's a pocket item? Commissioner Sanchez: Yes, it's a pocket item. Chairman Regalado: OK. So, read the ordinance. Call the roll. 251 : January 10, 2002 An Ordinance Entitled — AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTERS 2 AND 54 OF T14E CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO REDUCE THE NUMBER OF MEMBERS REQUIRED FOR A QUORUM TO CONVENE A MEETING OF THE STREET CODESIGNATION REVIEW COMMITTEE; MORE PARTICULARLY BY AMENDING SECTIONS 2-887 AND 54-140(D)(3) TO SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Sanchez and seconded by Commissioner Gonzalez, for adoption as an emergency measure, and dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None ABSENT: None. Whereupon the Commission on motion of Commissioner Sanchez and seconded by Comrtnissioncr Gonzalez, adopted said ordinance by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzdlez Commissioner Joe Sanchez Commissioner Arthur E. TeeIe, Jr. Vice Chairman Johnny L. Winton NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO, 12179, Vice Chairman Winton: By the way, don't we make those appointments? Chairman Regalado: Yes, we do, Mine shows up. Vice Chairman Winton: Probably mine doesn't. Sorry. 252 January 10, 2002 Chairman Regalado; And he's a police officer, and he shows up all the time. Commissioner Sanchez: OK. Chairman Regalado; Go ahead. Commissioner Gonzalez: That's it? Chairman Regalado: Sanchez? Commissioner Sanchez: I'm done, sir. Thank you. Chairman Regalado: OK. 253 January 10, 2002 C] • 52. BRIEF DISCUSSION ON PROVISION OF PROFESSIONAL SERVICES FOR !MANAGEMENT OF.1.14 ACRES OF CITY -OWNED PROPERTY ON VIRGINIA KEY LOCATED AT 3601 RICKENBACKER CAUSEWAY (See #29) Chairman Regalado, I have one, but Commissioner Teale, just go ahead, sir, and I'll do mine at the end. Commissioner Teele: Mr, Chairman, I'd like to take up Item 6. 254 January 10, 2002 53. AUTHORIZE MANAGER TO GRANT °$59000 'TO. MARTIN LUTHER DING PARADE COMMITTEE FOR EXPENSES RELATED TO ENGAGEMENT OF PARADE MARSHALS.. DURING MARTIN LUTHER KING PARADE ON JANUARY;•21, 2002'; ALLOCATE FUNDS FROM SPECIAL EVENTS ACCOUNT. (See #20) Commissioner Teele: Today we heard from the Martin Luther King Committee. We asked that they would come back at five o'clock, after the item. I want to apologize. This is a resolution -- Chairman Regalado: No. I didn't -- (INAUDIBLE COMMENTS) Chairman Regalado: No. I didn't say -- Commissioner Tccic: This was in the public hearing this morning. I mean, in the public appearances. Remember, we had the gentleman -- to defer it until five o'clock today? Vice Chairman Winton: Yeah. ft's close to five, huh? Chairman Regalado: Did we do Barry University thing? Carlos Gimenez (City Manager): Yes, sir. Vice Chairman Winton: Yes, Chairman Regalado: I wasn't here. Vice Chairman Winton: No. You voted for it. Chairman Regalado: No, I didn't. Vice Chairman Winton: Yes, you did. Chairman Regalado: No, I didn't. Vice Chairman Winton: Yes, you did. Look at the record. You were here. We voted on no items while you were gone. Chairman Regalado: No, I didn't. Commissioner Teele: We didn't vote on anything while you were gone. Mr. Chairman -- Chairman Regalado: Yes, sir. Commissioner Teele: -- I've listed this as a pocket item for the purpose of just trying to facilitate 255 January 10, 2002 this as pocket Item Number 5, and that is -- it's really the item from the public appearance this morning. I'm very pleased that chief Martinez has met with the representatives of Brothers of the Same Mind and the Martin Luther King, and they have an agreement. I:t's my understanding -- and the notes have been circulated -- that that agreement includes that the Police Department will provide some training -- Raul Martinez (Chief of Police): That is correct, Commissioner. Commissioner Teele: -- for the Brothers of the Same Mind to serve as parade marshals, based upon the shortage of barricades that are available, and the need for something of upward 60 community leaders. In addition, they will have a facilitator roll call on parade day to help coordinate that. And based upon that, the recommendation is this resolution of the City of Miami authorizing the City Manager to grant funds in an amount not the exceed five thousand dollars ($5,000) to the Martin Luther King Parade Committee for expenses relating to the engagement of parade marshals during the Martin Luther King Parade on January 25th -- I'm sorry, January 21 st; allocating fiords from the special events account for the said purpose. So moved, Mr. Chairman. Chairman Regalado: It's been moved. Is there a second? Commissioner Gonzdlez: Second. Chairman Regalado: It's been second by Commissioner Sanchez. All in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 02-50 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO GRANT FUNDS, IN AN AMOUNT NOT TO EXCEED $5,000, TO THE MARTIN LUTHER KING PARADE COMMITTEE FOR EXPENSES RELATED TO THE ENGAGEMENT OF PARADE MARSHALS DURING THE MARTIN LUTHER KING PARADE ON JANUARY 21, 2002; ALLOCATING FUNDS FROM THE SPECIAL EVENTS ACCOUNT FOR SAID PURPOSE. 256 January 10, 2002 C7 • (Here follows body of resolution, omitted here and on file in the Office of the City Clorlr.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None, 257 January 10, 2002 54. DIRECT MANAGER TO APPOINT HIGH` -RANKING: ADMINISTRATOR' TO SERVE AS LIAISON TO MIAMI SPORTS AND EXHIBITION AUT14ORITY FOR CITY ADMINISTRATION (See #14). (B) BRIEF COMMENTS BY DR. PRESTON MARSHALL, FOUNDER AND ORGANIZER OF MARTIN LUTHER KING PARADE. Commissioner Teele: Mr. Chairman, there are two matters that I'd like to bring up relating to MSEA (Miami Sports & Exhibition Authority) that we've discussed this morning. It's contained as Number 3 and Number 4. Number 4 is a resolution of the City of Miami Commission directing the City Manager to appoint a high-ranking administrator to serve as a permanent liaison to the Miami Sports and Exhibition Authority for the Miami City administration. And I would so move. Vice Chairman Winton: Second. Chairman Regalado: It's been moved and second. All in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO, 02-51 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO APPOINT A HIGH-RANKING ADMINISTRATOR TO SERVE AS LIAISON TO THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR THE CITY ADMINISTRATION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Leroy .Tones: I'd like to thank the Commission -- the board. Chairman Regalado: You're welcome. 258 January 10, 2002 �71 Mr, Jones: Thank you. Commissioner Teele: By the way, Dr. Marshall, did you just want to also put your name and address on the record and -- I apologize to you. Reverend Preston Marshall: My name is Reverend Preston Dr. Marshall, Address, 900 Northwest 85th Street, Miami, Florida. I'm a born resident of Miami in the Overtown area. Thank you very much for your assistance. Commissioner Teele: And you're the founder and organizer of the Martin -- Reverend Marshall: Founder and organizer. We have the largest Martin Luther King Parade, not only in the United States, in the world. Commissioner Teele: In Miarni. Reverend Marshall: it's been very, very successful and it's growing. Thank you. Commissioner Teele: See you on the 21st. Reverend Marshall: Thank you. Commissioner Teele: Thank you. 259 January 10, 2002 0 • 55. DIRECT MANAGER TO ESTABLISH MANAGEMENT TEAM CONSTSTING OF FINANCIAL ADVISORS, BOND COUNSEL, MANAGER AND CITY ATTORNEY TO., REVIEW OPERATIONS OF MIAMI SPORTS AND EXHIBITION AUTHORITY, COCONUT GROVE EXHIBITION CENTER, AND JAMES L. KNIGHT CONVENTION CENTER; AUTHORIZE ALLOCATION OF $25,000 TO FUND MANAGEMENT TEAM. (See #14) Commissioner Teele: A resolution -- Number 4 is a resolution of the City Commission directing the City Manager to establish a management team consisting of a financial advisor, bond counsel, City Manager's staff and City Attorney's staff to review the operations of the MSEA (Miarni Sports & Exhibition Authority), the Coconut Grove Exhibit Center, and the lames L. Knight Center; authorizing the Funds from the account not to exceed twenty-five thousand dollars ($25,000) from the account code, as designated in the resolution to fund the management team; and further authorizing the City Manager to execute the necessary agreements in a form acceptable to the City Attorney for the purpose of engaging the said professional service. So moved. Chairman Regal ado: it's been moved. Is there a second? Vice Chairman Winton: Second. Discussion, Commissioner Teele: The simple matter here is for the Manager, hopefully with the Budget Office and the Assistant Manager and Finance, to work with MSEA (Miami Sports & Exhibition Authority) and all of the parties that be, to look at what the options are relating to the CDT, the Knight Center deficit and those kinds of things. And it just gives them an opportunity -- the Financial advisor -- we have a pool of four -- three or four financial advisors that we have under contract. This money will primarily go to pay the bond counsel's costs and the financial advisor's costs as they deem it necessary. Vice Chairman Winton: I would make one suggested change here, and that is that you've identified very specific skill sets here. Financial advisor, bond counsel, City Manager, City Attorney, I would add to that and any other professional that they need to bring to the table to assure that they can get the knowledge that they need to do the right kind of research here. It may not be just those four. Commissioner Tecic: I absolutely accept that. It's certainly not just those two. The bond counsel and financial advisor, and any such other professionals that may be necessary. Vice Chairman Winton: OIC. Commissioner Teele: 1 accept that as an amendment. Chairman Regalado: OK. Commissioner Teele: Call the question. 260 January 10, 2002 Chairman Regalado: It's been moved and second. All in favor say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following resolution was introduced by Commissioner Tecle, who moved its adoption: RESOLUTION NO. 02-52 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO ESTABLISH A MANAGEMENT TEAM CONSISTING OF FINANCIAL ADVISORS, BOND COUNSEL, THE CITY MANAGER AND THE CITY ATTORNEY TO REVIEW THE OPERATIONS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY, THE COCONUT GROVE EXHIBITION CENTER, AND THE JAMES L. KNIGHT CONVENTION CENTER; AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $25,000 FROM ACCOUNT CODE NO, 001000.921002.6.270, TO FUND THE MANAGEMENT TEAM; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO ENGAGE THE PROFESSIONAL SERVICES REQUIRED FOR SAID PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being; seconded by Vice Chairman Winton, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzdlez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 261 January 10, 2002 56. ACKNOWLEDGE NECESSITY OF MANAGER TO PURSUE ALL CODE ENFORCEMENT ACTIVITIES .IN CONJUNCTION WITH ADVICE OF CITY'S LEGAL COUNSEUIN ANY PENDING RELATED LITIGATION, Commissioner Teele: All right. Mr. Chairman, there are two matters here that relate to the controversial issues. The billboard industry and us are in some degree of litigation. There's a previous resolution that the Commission passed directing aggressive enforcement of everything. What the Manager, I think, is -- would like is the resolution that is contained -- of the City Commission acknowledging the necessity of the City Manager to pursue all Code Enforcement activities, including the scheduled hearings in conjunction with the advice of counsel of the City's legal staff, and in the pending related litigation and consequently to use his best judgment during the course of exercising inherently discretionary authority associated with such decision. What this means is that the Manager's going to have some flexibility here until we can get this matter resolved, based upon the court challenges, as lie sees Ct. Mr. Manager. Vice Chairman Winton: This is flexibility related to what, though? Commissioner Teele: Related to how they go about the enforcement -- Vice Chairman Winton: Got it. Commissioner Tecle: -- based upon the Code Enforcement hearings. What they don't want to do is, where a Code Enforcement hearing may have uncovered an administrative problem, that we force something that puts us further a little bit behind the hole. It just gives -- it reaffirms the Manager's authority now to use his discretion. Vice Chairman Winton: Agreed. Chairman Regalado: OK. Commissioner Tecle: All right. Chairman Regalado: Is it -- do we have a second. Vice Chairman Winton: Second. Commissioner Gonzalez: I'll second. Chairman Regalado: OK. It's been moved and second. All in favor say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. 262 January 10, 2002 L_J The following resolution was introduced by Commissioner Tee1c, who moved its adoption: RESOLUTION NO. 02-53 A RESOLUTION OF THE MIAMI CITY COMMISSION ACKNOWLEDGING THE NECESSITY OF THE CITY MANAGER TO PURSUE ALL CODE ENFORCEMENT ACTIVITIES, INCLUDING SCHEDULING I-[EARINGS, IN CONJUNCTION WITH THE ADVICE AND COUNSEL OF THE CITY'S LEGAL COUNSEL IN ANY PENDING RELATED LITIGATION, AND CONSEQUENTLY, TO USE HIS BEST JUDGMENT DURING THE COURSE OF EXERCISING THE INHERENTLY DISCRETIONARY AUTHORITY ASSOCIATED WITH SUCH DECISIONS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Commissioner Teele: All right. Mr. Attorney, I don't have the moratorium issue. Could you read that into the record? Alejandro Vilarcllo (City Attorney): Commissioner, if I could take a few minutes, while someone else is going through their pocket items, I'd like to have a discussion with you about that. Commissioner'I'eele: All right. Chairman Regalado: We don't have any more pocket items. 263 January 10, 2002 57. EMERGENCY ORDINANCE: AMEND CHAPTER 55/SECTION.55-10(h) OF CITY CODE ENTITLED "SUBDIVISION REGULATIONS/BUILDING PERMITS; ISSUANCE, RESTRICTIONS; EXCEPTIONS," TO PROVIDE THAT BUILDING PERMITS MAY ..BD ISSUED FOR PRIVATE PROPERTIES LOCATED WITHIN BOUNDARIES OF COMMUNITY REDEVELOPMENT AGENCY (CRA) DISTRICTS DURING PLATTING .PROCESS. Commissioner Teele: Then let me go to the other one. And I'm going to ask Mr. Hernandez, if he's still -- or Ms. Lewis and Mr. Ilernandez and the Public Works Director. This is an ordinance that basically grants to the CRA (Community Redevelopment Agency) the existing authority that governments have in dealing with governments. And it simply adds the CRA as a governmental body. And would you read the ordinance, in the record, so that we can move it and then discuss it, Mr. Attorney? Note for the Record: At this time, the ordinance was read by title into the public record by the City Attorney. Commissioner Teele: I would move it for the purpose of discussion. Vice Chairman Winton: Second. Commissioner Sanchez: Discussion. Chairman Regalado; It's been moved and second. Discussion. Commissioner Teele: Ms, Lewis, would you just explain to the board what the CRA has found that's necessary and why the management is supporting it? Annette Lewis (Executive Director, CRA): As far as the redevelopment plan is concerned, we have specific -- in part one, we have specific plans to increase commercial space, residential space and the like, and as we Find in the progression or in the implementation of the plan, excuse me, we're finding older buildings and based on the way that the land and all that was sold or conveyed in the past, we have issues as it relates to zoning or specifically platting issues. So, what's happening is, as we're progressing, we need to expedite because the commitments that may have been made to the plan as it relates to Florida Stat. 163, which governs redevelopment agencies, we're finding that this suits our purpose in terms of expediting. Vice Chairman Winton: Well, what if you issue the building permit and the plat never gets fixed? Ms. Lewis: That -- Commissioner Sanchez: Yeah. John Jackson (Acting Director, Public Works): Mr. Chairman, John Jackson, Director of Public Works. That is a problem. It would never get a CO (Certificate of Occupancy) -- at least Public 264 January 10, 2002 Works cannot release a CO if they -- we could issue the building permit. They could proceed, but they need to -- Vice Chairman Winton: But they're never going to get it open. Mr. Jackson: If they do not complete the platting -- Vice Chairman Winton: The platting. Mr, Jackson: -- process, then they won't get the CO. Vice Chairman Winton: But does that not -- are we going to create any liability for the City if that circumstance occurs, where we've issued the permit -- and so they've got a government OK to move forward, but now I can't open my building because this platting thing, which, under any other normal circumstance, would have already been done. Joel Maxwell (Deputy City Attorney): Commissioners, the process envisions that they will sign covenants -- agreements with the City and hold the City harmless -- Vice Chairman Winton: Oh, good. Perfect. Mr. Maxwell: -- during that process. Commissioner Tecle: (INAUDIBLE) this provision is already in effect in government -- dealing with government. Mr. Maxwell: That's correct. Commissioner Teele: This simply makes the CRA a governmental body for purposes of this. Vice Chairman Winton: Working with the contractor. Commissioner Teele: What this does, just so that everybody understands, the practical effect is it takes realistically nine months -- six to nine months to do a plat, and you can't start anything until a plat is done. We've got two projects that are already two years behind -- two years behind that if we don't go through this process, we won't even be able to start for another nine months. Vice Chairman Winton: Well, the release is signed as a good -- Commissioner Teele: So, the City has no liability -- Vice Chairman Winton: Right. Commissioner Teele: -- and the owners will have to do a covenant that releases the City and the CRA. So, it's just -- 265 January 10, 2002 Vice Chairman Winton: I've got no problem. Commissioner Teele: -- designed under Chapter 163 to expedite the process. Vice Chairman Winton: Perfect. Chairman Regalado: OK. That's been moved and second. All in favor -- Mr. Maxwell: It's an emergency ordinance. Chairman Regalado: Oh, I'm sorry. Go ahead and read -- Mr. Maxwell: An emergency ordinance of the Miami City Commission amending -- oh, you read it already, Commissioner Tccic: It's been read. Chairman Regalado: OIC. Mr. Maxwell: I apologize. Vice Chairman Winton: Yeah. I wish the City Attorney's Office would get this organized. Chairman Regalado: Call the roll. An Ordinance Entitled — AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 55/SECTION 55-10(h) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SUBDIVISION REGULATIONS/BUILDING PERMITS; ISSUANCE; RESTRICTIONS; EXCEPTIONS," TO PROVIDE TIIAT BUILDING PERMITS MAY BE ISSUED FOR PRIVATE PROPERTIES LOCATED WITHIN THE BOUNDARIES OF COMMUNITY REDEVELOPMENT AGENCY DISTRICTS DURING THE PLATTING PROCESS PROVIDED THAT THE EXECUTIVE DIRECTOR OF THE COMMUNITY REDEVELOPMENT AGENCY AND THE DIRECTOR OF THE CITY OF MIAMI DEPARTMENT OF PUBLIC WORKS EACH (1) MAKE WRITTEN FINDINGS THAT THE PROPOSED DEVELOPMENT IS CONSISTENT WITH AND FURTHERS THE REDEVELOPMENT PURPOSES OF CHAPTER 163, FLORIDA STATUTES AND ALL APPLICABLE CITY AND COUNTY REDEVELOPMENT REGULATIONS, AND (2) RECOMMENDS THE ISSUANCE OF THE BUILDING PERMIT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE, 266 January 10, 2002 • was introduced by Commissioner Teele and seconded by Vice Chairman Winton, 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 Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Toole, Jr. Vice Chairman Johnny L. Winton NAYS: None ABSENT: None. Whereupon the Commission on motion of Commissioner Teele and seconded by Vice Chairman Winton, adopted said ordinance by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12180 267 January 10, 2002 58, DIRECT CITY ATTORNEY TO BRING: BACK FOR COMMISSION CONSIDERATION AND APPROVAL LEGAL MORATORIUM ON NEW PERMITS FOR BILLBOARDS. Commissioner Teele: All right. Mr. Chairman, I had intended and it is my desire to request a moratorium on new permits for billboards. That's separate from anything else that we've talked about. What we have determined is there is a series of applications now, while we sort of Piddled around here, that are moving through the process. And that's just going to make our life a lot more complicated. I had a resolution that I had prepared. The Attorney is raising a last minute concern -- at least last minute to me. And I don't mean that disrespectfully. I appreciate being advised properly. What's the issue? There's a case law that says it must be done -- Joel Maxwell (Deputy City Attorney): Yes, sir. For moratoriums that affect -- substantially affect land use -- of course, they all have to be enacted with the same dignity as zoning ordinances. That means you have to comply with all (UNINTELLIGIBLE) requirements. You can't do thein as emergency ordinances. Commissioner Teele: We're talking about a moratorium on new permits. We're not talking about dealing with anything that's already there. Mr. Maxwell: No, no. But the applications for permits. That substantially affects the ability of a person to use land. They would be applying for a pert -nit to use that land. Commissioner Tecle: So, while we've been discussing this, people are now beginning to say, well, we better get in while the getting is good, and we've not done a great job of at least trying to seal off new problems. And, so, what I would then move is to request the City Attorney to return to this Commission, with a legal moratorium at the next available Commission meeting, as soon as feasible or practical, relating to new permits. Mr. Maxwell: Yes, sir. Commissioner Tccle: I would so move. Chairman Regalado: It's been moved. Is there a second? Vice Chairman Winton: Second. Chairman Regalado: It's been moved and second. All in favor say "aye." The Commission (Collectively): Aye. 268 January 10, 2002 • r-1 LJ The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 02-54 A MOTION DIRECTING THE CITY ATTORNEY TO BRING BACK FOR COMMISSION CONSIDERATION AND APPROVAL A LEGAL MORATORIUM ON NEW PERMITS FOR BILLBOARDS AT THE NEXT POSSIBLE COMMISSION MEETING. Upon being seconded by Vice Chairman Winton, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Toe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Vice Chairman Winton: Is that going to be an emergency ordinance? Is it -- it will he an ordinance? Eventually, it will be an ordinance that we will pass? Mr. Maxwell: It will be an emergency -- I mean, it would be an ordinance, but not an emergency ordinance. Vice Chairman Winton: It can't be an emergency ordinance? Mr. Maxwell: No. No. Vice Chairman Winton: Well, why can't we have -- because we didn't properly notice it? Mr. Maxwell: It hasn't been noticed at all. Vice Chain-nan Winton: OK. 269 January 10, 2002 59. ACCEPT DONATION OF 100 TICKETS FROM RINGLING BROS, AND BARNUM BAILEY FOR ADMISSION TO GREATEST SHOW ON EARTH, DONATED BY MAYOR MANUEL A., DIAZ TO ABRIENDO PUERTAS NOT-FOR-PROFIT ORGANIZAI'"TON THAT PROVIDES OUTREACH PROGRAMS TO CHILDREN OF EAST LITTLE HAVANA, $2,275.00. Chairman Regalado: I will do the Manager's pocket item. Go ahead, sir. Carlos Gimencz (City Manager): I'm not sure if somebody else has this, but this got passed to me. It's a resolution of the City Commission accepting the donation of 100 tickets from Ringling Bros. and Barnum & Bailey for admission to greatest show on earth, which tickets have been donated by the Mayor, Manuel Diaz, to Abriendo Puertas, a non -for-profit organization that provides outreach prograrns to the children of East Little Havana. Said donation valued at approximately two thousand two hundred and seventy-five dollars ( $2,275). Chairman Regalado, OK. Mr. Vice Chair, could you take -- so I can move -- Vice Chairman Winton: Sure. Why do we have to take an action? I mean, why can't we -- Chairman Regalado: Because we have to accept anything that somebody give us. Vice Chairman Winton: Oh. Chairman Regalado: And -- so, I'll move it. Vice Chairman Winton: So -- yes. Chairman Regalado: I need a second. Commissioner Gonzdlez: I'll second. Chairman Regalado: OK. OK. Vice Chairman Winton: So we have a motion and a second to accept the gift. Any further discussion? Being none, all in favor "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign opposed. 270 January 10, 2002 The following resolution was introduced by Chairman Regalado, who moved its adoption: RESOLUTION NO. 02-55 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE DONATION OF 100 TICKETS FROM RINGLING BROS. AND BARNUM & BAILEY FOR ADMISSION TO THE GREATEST SHOW ON EARTH, WHICH TICKETS HAVE BEEN DONATED BY MAYOR MANUEL A. DIAZ TO ABRIENDO PUERTAS, A NOT-FOR-PROFIT ORGANIZATION THAT PROVIDES OUTREACH PROGRAMS TO THE CHILDREN OF EAST LITTLE HAVANA, SAID DONATION VALUED AT APPROXIMATELY $2,275.00. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 271 January 10, 2002 60. AUTHORIZE PLACEMENTOF BANNERS ON LIGHT POLES THROUGHOUT CITY TO PROMOTE HOME DESIGN AND REMODELING SHOW, Chairman Regalado: Mr. Chairman, I have a banner. Vice Chairman Winton: Second. Chairman Regalado: You can't second. Vice Chairman Winton: We have a motion. You got a banner? Chairman Regalado: Yes. The Home Design and Remodeling Show. Vice Chairman Winton: We have a motion. We need a second. Commissioner Gonzalez: Second. Chairman Regalado: OK. Vice Chairman Winton: Any further discussion? Being none, all in favor "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign opposed. Motion carries The following motion was introduced by Chairman Regalado, who moved its adoption: MOTION NO, 02-56 A MOTION AUTHORIZING THE PLACEMENT OF BANNERS ON LIGHT POLES THROUGHOUT THE CITY OF MIAMI TO PROMOTE THE HOME DESIGN AND REMODELING SHOW. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Toole, Jr. NAYS: None. ABSENT: None. 272 January 10, 2002 Chairman Regalado: Thank you very much, Mr. Chairman. Now, if we want to make a motion to adjourn. Commissioner Gonzalez: Move it. Chairman Regalado: It's been moved by Commissioner Gonzdlez. Vice Chairman Winton: Second. Aye. Chairman Regalado: Second by Commissioner Winton. All in favor say "aye." Alejandro Vilarello (City Attorney): He hasn't accepted -- he hasn't adjourned -- Mr. Chairman. Chairman Regalado: Yes. Mr, Vilarello: You haven't accepted the motion to adjourn? Chairman Regalado: Yes, we did. The following motion was introduced by Commissioner Gonzalez, who moved its adoption: MOTION NO, 02-57 A MOTION TO ADJOURN TODAY'S COMMISSION MEETING. Upon being seconded by Vice Chairman Winton, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 273 January 10, 2002 THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 9:15 P.M. ATTEST: Walter J. Foeman CITY CLERK Sylvia Scheider ASSISTANT CITY CLERK MANNY DIAZ 274 January 10, 2002