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HomeMy WebLinkAboutCC 2002-02-14 MinutesC� CITY OF MIAMI CITY COMMISSION MEETING MINUTES OF MEETING HELD ON FEBRUARY I4, 2002 PREPARED BY THE OFFICE OF THE CITY CLERKICITY HALL Sylvia SekeiderlActing City Clerk r 0 0 CITY COMMISSION OF MIAMI, FLORIDA On the 14`}' day of February 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 9:14 a.m. by Chairman Tomas Regalado, with the following members of the Commission found to be present: Commissioner Angel Gonzalez (District 1) Vice Chairman Johnny L. Winton (District 2) Chairman Tomas Regalado (District 4) Commissioner Arthur E. Teele, Jr. (District 5) ABSENT: Commissioner Joe Sanchez (District 3) ALSO PRESENT: Mayor Manuel A. Diaz Carlos Gimenez, City Manager Alejandro Vilarello, City Attorney Dena Bianchino, Assistant City Manager Frank Rollason, Assistant City Manager Joel Maxwell, Deputy City Attorney Maria Chiaro, Assistant City Attorney Chief Raul Martinez, Chief of Police Linda Haskins, Director, Management and Budget Albert Ruder, Director, Parks & Recreation Sylvia Scheider, Acting City Cleric February 14, 2002 Chairman Regalado: Good morning. We're going to start today's session. And, first of all, Commissioner Teele will give the invocation. Vice Chair Winton, the pledge of allegiance. Then, we are going to have some proclamations. And then, we'll go into executive session. I just want to announce that by 10 a.m., we will have a ceremony, which, I think, it will be a very interesting event for all of you to watch. So Commissioner Teele. An invocation was delivered by Commissioner T'eele, followed by Vice Chairman Winton leading those present in a pledge of allegiance to the flag. 1. (a) CERTIFICATES OF APPRECIATION TO: COMMUNITIES UNITED -- ALBERT RUDER; TERRENCE GRIFFIN; JOHN H. JACKSON; CLARENCE PATTERSON; FRED HOBSON; GREGORY GRAY; CHIEF RAUL MARTINEZ SALUTES PRESENTED TO CIVILIAN EMPLOYEE OF THE YEAR TANIA BIGLES; COMMUNITY POLICING OFFICER OF THE YEAR: MISAEL REYES; PETER ROMERO; FRANCISCO BARBEITO; OFFICER OF THE YEAR FOR DADE COUNTY ASSOCIATION OF CHIEFS OF POLICE — ORLANDO MERCED. CERTIFICATES OF MERIT PRESENTED TO: SERGEANT GENE KOWAISKI, OFFICER STAN STANELY, OFFICER PAGTRICIO BASAURE, OFFICER JOSE ROJAS. COMMENDATION PRESENTED TO FRANK ROLLASON, ASSISTANT CITY MANGER. (b)NO VETOES FROM MAYOR (c) COMMISSIONER TEELE RECOGNIZED RETIRED POLICE OFFICERS COMMUNITY BENEVOLENT ASSOCIATION MEMBERS: CLARENCE DICKSON, FRANK TAYLOR, OTIS DAVIS, AMOS BROOKS, KENNETH LITTLE, GRADY RAWLS, LEROY SMITH, GARY WARD, ROBERT BOYD, RICHARD PEARSON, WILLIAM JACKSON, HANEGF HAMIAULLAH, JESSE HILL, THOMAS MARSHALL. MANAGER TO PROVIDE VIDEO TAPE OF PRESENTATIONS REGARDING RETIRED CITY POLICE OFFICERS COMMUNITY BENEVOLENT ASSOCIATION IN HONOR OF BLACK HISTORY MONTH FOR THEIR MUSEUM. PROCLAMATION BY VICE CHAIRMAN WINTON IN RECOGNITION OF MARIA ELENA AND SALVATORE DELLUTRI FOR THEIR GENEROUS DONATION OF CHRISTMAS GIFTS TO UNDERPRIVILEGED CHILDREN IN WYNWOOD. (d) DEFER CONSIDERATION OF: (A) PROPOSED WAIVER FROM U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD) ON 15% LIMIT ASSOCIATED WITH CDBG FUNDED ACTIVITIES; AND, (B) PRESENTATION OF $1.2 MILLION AWARD FROM SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO CITY FOR FLAGAMI STORM WATER DRAINAGE PROJECT. Chairman Regalado: The Mayor of the City of Miami, Manny Diaz, has proclamations far City of Miami Police officers. Note for the Record: The above referred to Presentations and Proclamations are on file, via audio cassette, in the Office of the City Cleric. 2 February 14, 2002 Chairman RegaIado: Thank you very much, Mr. Mayor. Thank you, to the honorees. We have several items that 1 need to announce. First of all, there is no veto from the Mayor. Second, the Mayor has requested -- yes, sir. Commissioner Teele: Mr. Mayor, before you leave excuse me, Mr. Chairman. One of the things that we had endeavored to do, and it was actually supposed to be announced this morning, at the second Commission meeting in February, we were really going to do our honoring of Black History Month. And a part of that ceremony was that we were going to honor, on the 28`x', the City of Miami Retired Police Officers Association. We have a number of them here. They have been invited properly. And 1 would like to ask your indulgence, Mr. Chairman and members of the Commission, if we would recognize Otis Davis, the President of the Retired Police Officers, and former Chief, Clarence Dickson, if you would come forward. What we intend to do, Mr. Mayor, is to have each of the officers to be introduced by name, and then they Will join us on the dais for a presentation of a memento, which your office has graciously agreed to give, so that everyone has something that says the City of Miami in their home as well. And I. apologize, Otis, to you, but we would like for you to just introduce yourself to the public and the Commission, and then say whatever you'd like to say. And then allow chief and the other members to say just a word. Otis Davis: My name is Otis Davis, and I'm the President of the Retired Police Organization. Happy to be here. We are struggling trying to snake a museum a part of our culture, and that's where we are now. Thank you. Clarance Dickson: Good morning, Commissioners. My name is Clarance Dickson. Commissioner Teele: Clarance, if you don't mind. Otis, before you leave, would you just tell us when you joined the Police Department, and for how many years. And what we'd like for each of your members to do, is to come up, give us their name, and tell us the number -- the year they joined the department, and how many years as well, please. Mr. Davis: I joined the department in 1958. 1 worked 23 years. I retired in 1982, left there and went to Opa Locka, and stayed out there for 13 years, and retired there. Thank you. [APPLAUSE] Mr. Dickson: Good morning, again. My name is Clarance Dickson. I joined the Miami Police Department in 1960. In 1960, I was the first Black officer to attend and complete the Miami Police Academy, which at that time, was totally segregated. Well, it wasn't segregated. It didn't exist for us. I retired in 1988, in August. I became Chief of Police in 1985. I had a great career. I enjoyed it very much, and I wish I had this Commission to serve when I was there, and thank you very much. I also have something to pass around to you. It's something you can read at your leisure, but I wish you would. It's in reference to the museum that we're trying to get established. Thank you. [APPLAUSE] 3 February 14, 2002 Commissioner Teele: Chief, Otis, if you all would join us on the dais, and if each of the members would just line up, and give us your name, and the year you joined the force, and how many years you were here. Otis, why don't you all come on around, and then we'll all take a photo together with our Mayor. .Kenny Little: Commissioners, City of Miami, fellow police officers, my name is Kenny Little. When I joined the Police Department, I had just graduated Michigan State University, and I was going to be doing some things on the inside. And they said, "Oh, what are you doing on the inside?" So I was put on the street. I got hurt in the line of duty, and was retired with a disability in 1976. Thant{ you very much. [APPLAUSE] Leroy Smith: Mr. Mayor, Commissioners, the game is Leroy Smith, retired Assistant Chief of Police. Joined the City of Miami Police Department in 1950. Was the first Black sergeant and one of the first two, first Black lieutenant, and the first Black major. I had the pleasure of going to Washington, D.C. in 1976, with a group of 60 men across the nation. Those 60 men formed an organization known as NOBLE (National Organization of Black Law Enforcement Executives). The City of Miami has host NOBLE two years. And just last year, I went there as a founding member of NOBLE, so I'm a founding member of NOBLE, and I'm proud to know that I joined the City of Miami Police Department. NOBLE is one of the finest police organizations in the nation, and we are in there as a part of it. It's a pleasure, and as I said before, I know that City of Miami has been good for us. I know we got a good Police Department. And, Chief, I'm just proud to know that these men are carrying on the fine tradition that we set back many years ago. Thank you. [APPLAUSE] Commissioner Teele: Step right up. Step right up. Come right up on around with us. Robert Boyd: Good morning Commissioners, Mayor. My name is Robert Boyd. I joined the Police Department in June 1958. I retired in January 1980. I obtained the rank of sergeant, and I had a beautiful career with the City. Hopefully, all the young people that follow me have the same thing. Thank you. [APPLAUSE] William Jackson: Good morning, Commissioners. My name is William Jackson. I joined the Police Department of the City of Miami 1959. I retired 1980. Thank you. [APPLAUSE] Jesse W. Hill: Good morning. My name is Jesse W. Hill. I joined the City of Miami Police Department in the year of 1951, December 1951. 1 spent 28 years with the City of Miami Police Department, retiring in January 25, 1980. After leaving the City of Miami Police Department, I joined -- well, I began a second career, teaching the same subject matter at Robert Morgan 4 February 14, 2002 Vocational School, Criminal Justice instructor. I left Morgan in '94, and went over to Turner Tech teaching the service --same subject matter, where I retired in '95. Thank you. Commissioner Teele: All right. [APPLAUSE] Frank Keller: My name --good morning, first of all. My name is Frank Keller. I joined the Police Department March 18`}', 1968. 1 have a 30 departure from the Police Department. I was one of the first Black K-9 officers that the City of Miami ever had. I'm now employed where I have a string of daycare centers, which I am a teacher, teaching or in my daycare as one of the directors there. [APPLAUSE] Amos Brooks: My name is Amos Brooks. I joined the Police Department April 5"', 1945. Put 22 and a half years in, went out on total disability, and I'm still crippled today. Thank you. [APPLAUSE] Gady Rawls: Good morning. My name is Gady Rawls. I came on the Police Department December 1956. 1 got a disability in 1980, after serving 24 years. Thank you. [APPLAUSE] Gary Ward: Good morning. My name is Gary Ward. I joined the Miami Police Department January 1957, after having served. 12 years in the military. Unfortunately, my career was cut short due to an accident I was involved in, and I was discharged a hundred percent disability in the year 1968. Thank you. [APPLAUSE] Richard Pearson: Good morning. My name is Richard Pearson. I came on the City of Miami in 1974. Rode motorcycles for 13 years. Retired on a disability in 1996. Thank you. [APPLAUSE] Hanedf Hamiaullar: My name is Hanedf Hamiaullar, and I want to represent my cousin, who is not here, Mr. Frank Barnes, who was sergeant on the police force when he retired. He did over 20 something years on the Police Department, and worked at the Administrative Building. Being that all of the old officers are here, he's ill. I just wanted to step up as a family member and say to my uncle -- cousin -- first cousin also participated on the Miami City Police Department. Thank you. [APPLAUSE] 5 February 14, 2002 0 • Thomas Marshall: Good morning. I'm Thomas Marshall. I joined the Police Department 1959. I retired as a shift commander lieutenant, and I manned the first substation, which is located at 16th Street and 3rd Avenue. [APPLAUSE] Commissioner Teele: Chief, if you and your staff would join us. Mr. Mayor, we would like for you to present to Otis Davis this memento. And each member that is here today will receive a separate memento from your office. But to Mr. Otis Davis, the President of the Retired Police Officers Association. And further, Mr. Mayor, please know that this Commission has endorsed the notion and the support, and provided initial funding for the restoration of one of the original police precincts, which is more than just a police precinct. It was also a courthouse, and it was the courthouse for the first African-American judge in the entire south, Judge Thomas, as well. And we owe -- this City - this community owes a great deal of gratitude to these men and their families for their tremendous sacrifice during a time when the law of the land was separate, but equal. In many cases, some of them could not arrest persons that were not of color, and it shows just how far we've come during this history month. Further, Mr, Mayor, at your request, we are requesting that the Manager make a tape of this proceeding and further allowing the Mayor to meet with individual members so that a tape can be broadcast and put together, and a part of the tape will be made an official presentation to the Association for their museum. Thank you very much. And let's give the Mayor and the entire retired police officers a big hand. [APPLAUSE] Chairman Regalado: OK. Before we go on, some announcements I have to make. The Mayor has requested that we withdraw on the blue page of the Mayor's items, Items A and B. Items A and B will be discussed on the March 7"' meeting. Commissioner Gonzalez would like to pull Item CA40 for discussion purposes. Will be discussed later on. And Commissioner Sanchez will not be here in the morning session. He will be here in the afternoon, so we'll have a full board in the afternoon. Vice Chairman Winton had a proclamation. I don't know -- Commissioner, if you want to do it now or -- OK. Go ahead, sir. Vice Chainnan Winton: Maria Elena and Salvatore, would y'all come up, please? Salvatore, why don't y'all come up here? This is a proclamation to a couple who live in Wynwood, who do one heck of a job in providing real service to our community. Maria Elena and Salvatore Dellutri, once a year, have a Christmas party at their business that's in Wynwood, right off of 36th Street, and I had the pleasure of attending that this past year. And there were -- in their warehouse, I've never seen so many toys in my entire life. All perfectly wrapped. You would think you just went to Saks Fifth Avenue to their Toy Department. And the wrapping that was done, I mean, it was as professional as anything you could see, and stuff was stacked to the ceiling. It was just incredible. And they've provided toys, this year, to 1,100 kids in Wynwood, had a big barbeque, and they had places for the kids to play. It was just quite an event. They've been doing this in Wynwood for 19 years. They also do a toy drive for kids countywide, and provided toys to about 10,000 kids throughout the county. So not only do they help take care of the kids in our City, they have such a big, generous heart, they're interested in kids all over the County, and our thanks go out to you. And I would like to read a proclamation that the City of 6 February 14, 2002 Miami will present to them this morning. A proclamation of the City of Miami, Florida, whereas the City of Miami considers the philanthropy and volunteerism of individuals and community organizations as the heart of our social system, as they use their resources, expertise, and compassion, to elevate the quality of life in our City, and assure the well-being of our citizens. And, whereas Maria Elena and Salvatore Dellutri, ardent supporters of a humane and just society, and recognized throughout Miami -Dade County for their unwavering commitment and unselfish compassion on behalf of underprivileged children and families, have founded a not-for- profit organization Dellutri's Christmas Foundation, to enable these children to experience the joys of the holiday season. And whereas, the Dellutri's crucial and selfless intervention on behalf of less fortunate -- of the less fortunate has evolved over 19 years into a charitable venture established out of the use of funds from vendor discounts given to their asbestos removal company, Sal's Abatement Corporation, which asks their vendors to use the discounts owed to the firm as contributions towards the effort to purchase thousands of toys for kids, and to provide other wholesome activities for those less fortunate. And whereas, it is fitting and appropriate that local officials then, on behalf of the citizens of Miami, salute Sal's Abatement Corporation, and owners, Maria Elena and Salvatore Dellutri, and herewith pay special tribute to their outstanding and uniquely responsive collaborative effort with the Miami Police Department and other humanitarians, all dedicated Miamians, whose vision and generosity make a genuine difference in assuring life enhancing activity for both children and the elderly. Now, therefore, I, Manuel A. Diaz, as Mayor of the City of Miami, Florida, do hereby proclaim Thursday, the 14`x' day of February, in the year 2002, as "Maria Elena and Salvatore Dellutri Day," Dellutri's Christmas Foundation. And on behalf of the City of Miami and all the residents, thank you very much. [APPLAUSE] Maria Elena Dellutri: Thank you so much for having us here this morning, and thank you for this proclamation. It's our pleasure to be here today, and it's our pleasure to be able to give toys to these needy children in our community. Sal and I have a foundation that is called Dellutri's Christmas Foundation, and for 19 years, we have been able to provide toys to the needy children in the different communities. We started in Opa Locka 19 years ago with 50 children. And now, we're so pleased to say that this past year we were able, with the assistance of the Police Department, since they're the ones that identified the families in need and we work together with police officers all over Dade County, North Miami Beach, and so on. And we'll go wherever we need to go to help those children in need. And we'll keep on working with the Police Department, our friends, that for many, many, many years have assist us to identify those families. So we hope that this year we will be able not to help 10,000 kids, but as many kids as they need toys out there. So anyone in the any counties that might need any toys for the children that are in need, just contact the police officer NET (Neighborhood Enhancement Team) centers, and let us know, and we'll do our best to help all the children that need help. I Vice Chairman Winton: Thank you very much. And I would also -- [APPLAUSE] 7 February 14, 2002 Vice Chairman Winton: I think a special debt of gratitude goes to Officer Willie Lopez, who really heads up this whole effort in Wynwood, and keeps our Police Department kind of organized and other citizens organized to provide assistance to this effort. And that isn't all. I think Willie Lopez is on the street constantly working to help families that need help in that neighborhood, and frankly, I think the whole Police Department team in Wynwood is doing one really outstanding job. We've seen crime drop dramatically. We've seen residents come back out of their homes. We've seen kids come back out of their homes. And not only are they playing in a park that used to be absolutely controlled by drug dealers, but the kids are in the park. The kids are on the street. They're out playing. It's a real neighborhood, and that effort goes to, in large part, the very dedicated humanitarian efforts of our Police Department, and their willingness and ability to work with the citizens in the neighborhood. So, Willie and all the other officers working in that neighborhood, thank you very much. [APPLAUSE] Commissioner Teele: Mr. Chairman, Mr. Mayor, Ms. Willis has arrived. I see Ms. Willis has cornered the Mayor and he's still with us, and, so, those persons who received an award, the directors, if you'd come up very quickly for this photo that Ms. Willis would like. I think Ms. Willis is going to ask that a special photo be given with a young man. So, Ms. Willis, please come on up here and don't hold us up because — come on, Chief. And you'll recall, this is the Buena Vista/Lemon City/Little River/Little Haiti Commendation from the Citizens United, chaired by Ms. Hattie Willie. Ms. Willis, you've got 30 seconds to say whatever you'd like to say. Hattie Willis: Good morning. This is one of my fine flowers in my community. A lot of people think that, what they so call as hoods, but I think that a hood is a state of mind, but I want you to know that wherever you live, there're beautiful flowers that grow. This young man is on his way to Clark University, OK. [APPLAUSE] Ms. Willis: And his mom is a single parent, raising five kids. And he came to me my son brought him to the door about, maybe two or three months ago, and said, "Mom, I need you to find him two hundred dollars ($200). He's got to go to Hawaii because he was awarded a special presentation to go and play in a basketball tournament there. So, I went to a nice -- a group of gentlemen, who I always trap when I need money, and said, "I need some money." And Mr. Rollason walked up, our Assistant City Manager. He said, "Ms. Willis, you have a Merry Christmas, and make sure this man -- this young man gets to Hawaii." So, he wrote a check. And I — we always beat up on the City of Miami. So, this morning this fine young man and I came down to say thank you very much because there're some beautiful people in the City of Miami as well that care about the community. And thank you. [APPLAUSE] Ms. Willis: Mr. Rollason. 8 February 14, 2002 Commissioner Teele: I didn't call his name. See, all — I said one of them wrote a big check and everybody smiled. Frank Rollason (Assistant City Manager): They would have all written a check, but they just got to me first. Chairman Regalado: OK. We had scheduled also proclamations for the Community Relations Board. We're going to do this, hopefully, in the next meeting. We have scheduled, in a few minutes, a ceremony and we also have an executive session. So, Chief Martinez is checking on something, and if we know for sure that a person is coming, we'll just do that and do later on the executive session. We have some items time certain today. Six o'clock the -- I'm sorry? (COMMENTS OFF THE RECORD) Chairman Regalado: OK. So we just going to wait a few minutes. We're going to go ahead and do the executive session after we do this ceremony. And we have a quorum. Commissioner Sanchez is not going to be here in the morning session, but he'll be here in the afternoon. Commissioner Teele: Mr. Chairman, I move the deferral of the items that you read into the record by the Mayor. Commissioner Gonzalez: Second. Chairman Regalado: It's a motion and a second. All in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 02-136 A MOTION TO DEFER CONSIDERATION OF: (A) PROPOSED WAIVER FROM U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD) ON 15% LIMIT ASSOCIATED WITH CDBG FUNDED ACTIVITIES; AND, (B) PRESENTATION OF $1.2 MILLION AWARD FROM SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO CITY FOR FLAGAMI STORM WATER DRAINAGE PROJECT. 9 February 14, 2002 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 Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 10 February 14, 2002 2. CONSENT AGENDA. Chairman Regalado: Also, Commissioner Gonzalez wanted to pull agenda Item CA -10, so this has been pulled. Do you want this to be placed on the March 7" agenda, or you want to discuss it later? What do you want to do, Commissioner? Commissioner Gonzalez: No, I just want to pull it for discussion for later on. Chairman Regalado: OK. So we have the Consent Agenda. As I said, no mayoral veto. So anybody wants to pull any item, other than Item CA -10, from the Consent Agenda? Commissioner Teele: Move the agenda, Mr. Chairman. Commissioner Gonzalez: Second. Chairman Regalado: The Consent Agenda has been moved -- Vice Chairman Winton: Excuse me. Chairman Regalado: Yes, sir. Vice Chairman Winton: I'm sorry. I'm behind, so -- what's been moved and seconded, because I have a couple of discussion points? Chairman Regalado: OK. Go ahead. Vice Chairman Winton: On CA -9, which is the parking surcharge, I'd like the -- Mr. Manager, if we could -- could we get a report at the next Commission meeting on listing the companies and properties that are delinquent? And when I say "delinquent", delinquent by more than 60 days and the amount by which they're delinquent. So not the 30 -day delinquency that could be just -- payable, but beyond 60 days and the amount that they're delinquent by. Carlos Gimencz (City Manager): Yes, sir. Vice Chairman Winton: And, also, I couldn't find it but is it in the CA (Consent Agenda) agenda where we're going to -- Unidentified Speaker: CA -11. Vice Chairman Winton: CA -11. So -- Unidentified Speaker: That's mine. Vice Chairman Winton: Thank you. This is a lease in the Grove for a new NET (Neighborhood Enhancement Team) Office. And my apologies because I wrote notes on something and C can't - t February 14, 2002 0 0 - and the piece of paper that I wrote the notes on I can't find. So I'm going to kind of have to wing this here for a minute. But I remember -- found it. Thank you. Unidentified Speaker: You're welcome. Vice Chairman Winton: This is on Grand Avenue. And the City is spending a lot of resources rebuilding and rejuvenating that entire section of Coconut Grove. And any time we have an opportunity to further the advancement of development by bringing new businesses, by bringing real economic development, by helping occupy buildings in that neighborhood is a real plus. Now the City, to its credit, is going to lease space right on Grand Avenue for its new NET Office, which I think we've all recognized for a long time really needed to be done because they had to get the NET Office out of that building where we're really kind of swallowed up by the County. And -- but the problem that I have with this is that -- there's two parts. This lease really doesn't bring any economic value to the owners of the property. If I were the owner of this property, I wouldn't do this lease with the City. So I recognize that I'm -- that most of the time I'm going to be -- I'm going to have my other hat on, but this time I'm going to have my lessee had on because we're in a redevelopment zone and we know that we need the space. And unless we have -- are planning on building a build -to -suit building or we have another targeted building already identified that we're going to want to move into in a relatively short period of time, I don't understand why we're not doing a five-year lease on this property, as opposed to a two- year lease, number one. And number two, there's a 60 -day termination clause. Well, a 60 -day termination clause -- I'll tell you. If I'm the landlord, I would never give anybody a 60 -day termination clause because then they only have a 60 -day lease. So, if the owner wants to go got financing to improve his building or her building, they can't get financing because you can get out in 60 days. So this lease, in a targeted neighborhood, is just about as bad a lease -- good lease for the City, gives the City all the flexibility, and if this were in any other neighborhood, I would be quiet as I could be. But we're spending millions rejuvenating that neighborhood and I think the City -- because it has a legitimate need. I'm not talking about a giveaway here. I'm not talking about anything other than if we have a legitimate need, let's fulfill that need in a manner that allows us to do two things: Meet our need and meet the community need at the same time, because we have a unique opportunity to do that here. Mr. Gimenez: Commissioner, the plans are that that's only a temporary move and that we will be moving that NET Office into the Virrick Park area once it's completed. That's why it's a short-term lease. Vice Chairman Winton: That makes a lot of sense then. The part about the 60 -day termination, though, it seems to me, again -- because the property owner literally -- number one, if you have a problem with the property, the property owner isn't going to put his own money in it and he's not going to borrow money to fix up that property with a 60 -day termination. If he has a fixed two-year lease then, you know, I'm going to do some things that I might need to do if I could count on that income stream for two years. So the logic of having a shorter tern deal is OK, but it ought to be some fixed amount of time that doesn't have this early out, quick out provision. End of my pitch. Chairman Regalado: Commissioner, do you want to pull that? 12 February 14, 2002 0 Vice Chairman Winton: That's probably a good -- yeah. That's a -- we should pull this item and then we'll come back and we can chit chat about it afterwards. Chairman Regalado: OIC. Item CA -I 1 has been pulled from the Consent Agenda. Vice Chairman Winton: We'll bring it back next meeting. Chairman Regalado: Item CA -10 has been pulled. So anybody from the public wish to speak on the Consent Agenda? No one has come forward. So we have a motion and a second. All in favor say "aye." The Commission (Collectively): Aye. Chairman Regalado: Consent Agenda passes. 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 COMMISSION GONZALEZ, THE CONSENT AGENDA ITEMS WERE PASSED BY THE FOLLOWING VOTE; AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 13 February 14, 2002 • 0 2.1 ACCEPT BID OF GENERAL TRAILER AND EQUIPMENT SALES, INC., PURSUANT TO INVITATION FOR BIDS NO. 01-02-034R FOR PROCUREMENT OF ONE G824T3 HAULMARK THRIFTY HAULER, FOR DEPARTMENT OF FIRE -RESCUE, $5,518; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT AS FUNDED BY FIRE ASSESSMENT FEE. RESOLUTION NO. 02-137 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF GENERAL TRAILER AND EQUIPMENT SALES, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS NO. 01-02-034R, DATED DECEMBER 17, 2001, FOR THE PROCUREMENT OF ONE G824T3 HAULMARK THRIFTY HAULER FOR THE DEPARTMENT OF FIRE -RESCUE, IN AN AMOUNT NOT TO EXCEED $5,518; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 313304, AS FUNDED BY THE FIRE ASSESSMENT FEE. 2.2 ACCEPT BID OF COMMERCIAL ENERGY SPECIALISTS, INC. PURSUANT TO INVITATION FOR BIDS NO. 01-02-022 FOR ACQUISITION OF LIQUID BULK CHLORINE AND STORAGE TANK RENTAL FOR WATER TREATMENT OF TWO CITY POOLS, FOR DEPARTMENT OF PARKS AND RECREATION, $28,080; ALLOCATE FUNDS FROM PARKS AND RECREATION GENERAL OPERATING BUDGET. RESOLUTION NO. 02-138 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF COMMERCIAL ENERGY SPECIALISTS, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS NO. 01-02-022, DATED JANUARY 9, 2002, FOR THE ACQUISITION OF LIQUID BULK CHLORINE AND STORAGE TANK RENTAL FOR WATER TREATMENT OF TWO CITY POOLS, FOR THE DEPARTMENT OF PARKS AND RECREATION, ON A CONTRACT BASIS FOR A PERIOD OF ONE YEAR, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $28,080; ALLOCATING FUNDS FROM PARKS AND RECREATION GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.580301.6.704. 14 February 14, 2002 0 • 2.3 ACCEPT BID OF SUPERIOR COMMUNICATIONS, INC. PURSUANT TO INVITATION FOR BIDS NO. 00-01-292 FOR PROCUREMENT OF TWENTY-TWO YAESU TWO-WAY RADIOS AND ACCESSORIES FOR BAYFRONT PARK MANAGEMENT TRUST, $8,115; ALLOCATE FUNDS FROM BAYFRONT PARK MANAGEMENT TRUST CAPITAL IMPROVEMENT BUDGET, RESOLUTION NO. 02-139 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF SUPERIOR COMMUNICATIONS, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS NO. 00-01-292, DATED DECEMBER 5, 2001, FOR THE PROCUREMENT OF TWENTY-TWO YAESU TWO-WAY RADIOS AND ACCESSORIES FOR THE BAYFRONT PARK MANAGEMENT TRUST, IN AN AMOUNT NOT TO EXCEED $8,115; ALLOCATING FUNDS FROM THE BAYFRONT PARK MANAGEMENT TRUST CAPITAL IMPROVEMENT BUDGET. 2.4 ACCEPT BID OF A+ MINI STORAGE PURSUANT TO INVITATION FOR BIDS NO. 00-01-263R FOR ACQUISITION OF SECURED, AIR-CONDITIONED SELF -STORAGE FACILITY FOR STORAGE OF RECORDS, MISCELLANEOUS EQUIPMENT AND SUPPLIES FOR DEPARTMENT OF POLICE $39,744. RESOLUTION NO, 02-140 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF A+ MINI STORAGE, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS NO. 00- 01-263R, DATED AUGUST 29, 2001, FOR THE ACQUISITION OF A SECURED, AIR-CONDITIONED SELF -STORAGE FACILITY FOR THE STORAGE OF RECORDS, MISCELLANEOUS EQUIPMENT AND SUPPLIES FOR THE DEPARTMENT OF POLICE, ON A CONTRACT BASIS, FOR A PERIOD OF TWO YEARS, WITH THE OPTION TO RENEW FOR THREE ADDITIONAL ONE-YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $39,744; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 001000.290201.6.610. 15 February 14, 2002 E 2.5 APPROVE PROCUREMENT OF THIRTEEN HUNDRED YEAR 2002 FLORIDA LAW ENFORCEMENT HANDBOOKS, CITY EDITION, FOR DEPARTMENT OF POLICE FROM MIAMI-DADE POLICE DEPARTMENT, $13,780; ALLOCATE FUNDS FROM POLICE GENERAL OPERATING BUDGET. RESOLUTION NO. 02-141 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE PROCUREMENT OF THIRTEEN HUNDRED YEAR 2002 FLORIDA LAW ENFORCEMENT HANDBOOKS, CITY OF MIAMI EDITION, FOR THE DEPARTMENT OF POLICE FROM THE MIAMI-DADE POLICE DEPARTMENT, IN AN AMOUNT NOT TO EXCEED $13,780; ALLOCATING FUNDS FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.760, 2.6 APPROVE ACQUISITION OF PREVENTIVE MAINTENANCE AND REPAIR SERVICES FOR ROLL -UP DOORS TO BE USED BY VARIOUS DEPARTMENTS, FOR DEPARTMENT OF PURCHASING FROM BEST GARAGE DOOR, INC., UNDER EXISTING MIAMI-DADE COUNTY CONTRACT NO. 6050 -2104 -OTR -CW; ALLOCATE FUNDS FROM GENERAL OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS, RESOLUTION NO, 02-142 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE ACQUISITION OF PREVENTIVE MAINTENANCE AND REPAIR SERVICES FOR ROLL -UP DOORS TO BE USED BY VARIOUS DEPARTMENTS FOR THE DEPARTMENT OF PURCHASING FROM BEST GARAGE DOOR, INC., ON AN AS -NEEDED CONTRACT BASIS, UNDER EXISTING MIAMI-DADE COUNTY CONTRACT NO. 6050 -2104 -OTR -CW, EFFECTIVE THROUGH NOVEMBER 30, 2002, AND ANY EXTENSIONS; ALLOCATING FUNDS FROM EACH OF THE GENERAL OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS, SUBJECT TO BUDGETARY APPROVAL. 16 February 14, 2002 0 0 2.7 APPROVE PROCUREMENT OF OFFICE FURNITURE FOR BAYFRONT PARK- MANAGEMENT ARKMANAGEMENT TRUST FROM VARIOUS VENDORS UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 425-001-01-1, $11,000; ALLOCATE FUNDS FROM GENERAL OPERATING BUDGET OF TRUST. RESOLUTION NO, 02-143 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE PROCUREMENT OF OFFICE FURNITURE FOR THE BAYFRONT PARK MANAGEMENT TRUST ("TRUST") FROM VARIOUS VENDORS, ON AN AS -NEED CONTRACT BASIS, UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 425-001-01-1, EFFECTIVE THROUGH MARCH 31, 2004, AND ANY EXTENSIONS, IN AN ANNUAL AMOUNT NOT TO EXCEED $11,000; ALLOCATING FUNDS FROM THE GENERAL OPERATING BUDGET OF THE TRUST. 2.$ ACCEPT RECOMMENDATION OF MANAGER TO APPROVE FINDINGS OF SELECTION COMMITTEES TO PROVIDE PROFESSIONAL SERVICES FOR PUBLIC WORKS CATEGORY "B" DESIGNATED PROJECTS FOR 2002 THROUGH 2004 LISTED IN RANK ORDER; ALLOCATE FUNDS FROM INDIVIDUAL PROJECT ACCOUNTS. RESOLUTION NO. 02-144 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO APPROVE THE FINDINGS OF THE SELECTION COMMITTEES, PURSUANT TO REQUEST FOR PROPOSALS, FOR THE MOST QUALIFIED FIRMS TO PROVIDE PROFESSIONAL SERVICES FOR PUBLIC WORKS CATEGORY "B" DESIGNATED PROJECTS FOR 2002 THROUGH 2004 LISTED BY SPECIALTY IN RAMI ORDER; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE PROFESSIONAL SERVICES AGREEMENTS WITH EACH FIRM IN AN AMOUNT NOT TO EXCEED THE AMOUNT INDICATED IN ATTACHMENT "A" FOR EACH SPECIALTY FOR EACH FIRM; ALLOCATING FUNDS FROM INDIVIDUAL PROJECT ACCOUNTS. 17 February 14, 2002 2.9 AUTHORIZE ENGAGEMENT OF LAW FIRM OF WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A. FOR REPRESENTATION OF CITY IN CASE OF AMPCO SYSTEM PARKING, INC., ET AL. VS. CITY, $10,000; ALLOCATE FUNDS FROM SELF-INSURANCE AND INSURANCE TRUST FUND. (b) ADMINISTRATION TO PROVIDE COMMISSION WITH LIST OF PROPERTIES THAT ARE DELINQUENT IN PAYING PARKING SURCHARGE TO CITY BY MORE THAN 60 DAYS, INCLUDING AMOUNT THAT IS OWED AND PERIOD OF TIME ACCOUNT IS DELINQUENT. RESOLUTION NO. 02-145 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ENGAGEMENT OF THE LAW FIRM OF WEISS SEROTA HELFMAN PATORIZA & GUEDES, P.A. FOR REPRESENTATION OF THE CITY OF MIAMI IN THE CASE OF AMPCO SYSTEM PARKING, INC., ET AL. VS. CITY OF MIAMI, IN THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 01-27582 CA (15), IN THE AMOUNT OF $10,000 PLUS COSTS AS APPROVED BY THE CITY ATTORNEY; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 515001.624401.6.661, FOR SAID SERVICES. 2.10 AUTHORIZE MANAGER TO EXECUTE AGREEMENT TO APPLY FOR FUNDS THROUGH LOCAL AGENCY PROGRAM (LAP) AGREEMENT BE'T'WEEN CITY AND FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) AND ACCEPT $250,000 FROM FDOT FOR "LANDSCAPING/AESTHETIC IMPROVEMENT" PROJECT IN OVERTOWN NEIGHBORHOOD. RESOLUTION NO. 02-146 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO APPLY FOR FUNDS THROUGH A LOCAL AGENCY PROGRAM ("LAP") AGREEMENT BETWEEN THE CITY OF MIAMI AND THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") AND TO ACCEPT THE SUM OF $250,000 FROM FDOT FOR THE "LANDSCAPING/AESTHETIC IMPROVEMENT" PROJECT (THE "PROJECT") IN THE OVERTOWN NEIGHBORHOOD; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT THE OBLIGATIONS OF OWNERSHIP, MAINTENANCE AND LIABILITY OF THE PROJECT AND TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, NECESSARY TO COMPLETE THE PROJECT. 18 February 14, 2002 0 • 2.11 AUTHORIZE MANAGER TO EXECUTE AGREEMENT TO APPLY FOR FUNDS THROUGH LOCAL AGENCY PROGRAM (LAP) AGREEMENT BETWEEN CITY AND FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) AND ACCEPT $120,000 FROM FDOT FOR "SECTORITRAILBLAZER SIGNAGE" PROJECT FOR OVERTOWN NEIGHBORHOOD. RESOLUTION NO. 02-147 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO APPLY FOR FUNDS THROUGH A LOCAL AGENCY PROGRAM ("LAP") AGREEMENT BETWEEN THE CITY OF MIAMI AND THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") AND TO ACCEPT THE SUM OF $120,000 FROM FDOT FOR THE "SECTOR/TRAILBLAZER SIGNAGE" PROJECT (THE "PROJECT") FOR THE OVERTOWN NEIGHBORHOOD; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT THE OBLIGATIONS OF OWNERSHIP, MAINTENANCE AND LIABILITY OF THE PROJECT AND TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO COMPLETE THE PROJECT. 2.12 RATIFY, APPROVE AND CONFIRM MANAGER'S ACCEPTANCE OF DONATION OF FOOD FROM MCDONALD'S CORPORATION, $1,030, AND 361 TOYS FOR NEEDY CHILDREN FROM PAWA COMPLEX INTERNATIONAL, INC., $1,500, TO DEPARTMENT OF PARKS AND RECREATION FOR ANNUAL "SNOW IN THE SUNSHINE" EVENT HELD ON DECEMBER 22, 2001 AT ORANGE BOWL STADIUM. RESOLUTION NO, 02-148 A RESOLUTION OF THE MIAMI CITY COMMISSION RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S ACCEPTANCE OF A DONATION OF FOOD FROM THE MCDONALD'S CORPORATION, WITH AN ESTIMATED VALUE OF $1,030, AND 361 TOYS FOR NEEDY CHILDREN FROM PAWA COMPLEX INTERNATIONAL, INC., WITH AN ESTIMATED VALUE OF $1,500, TO THE DEPARTMENT FO PARKS AND RECREATION, FOR THE ANNUAL "SNOW IN THE SUNSHINE" EVENT HELD ON DECEMBER 22, 2001 AT THE ORANGE BOWL STADIUM. 19 February 14, 2002 2.15 AMEND RESOLUTION NO. 00-745 AND RATIFY, APPROVE AND CONFIRM. MANAGER'S ACTION IN EXECUTING AN AMENDMENT TO EXISTING AGREEMENT WITH BELAFONTE TACOLCY CENTER, INC., BY INCREASING AMOUNT OF FUNDING FOR OPERATION OF SPORTS DEVELOPMENT PROGRAM AT TACOLCY PARK FOR FISCAL YEAR 2001-2002, $7,880, FROM $78,795 TO $86,675. RESOLUTION NO, 02-149 A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 00-745 AND RATIFYING, APPROVING ND CONFIRMING THE CITY MANAGER'S ACTION IN EXECUTING AN AMENDMENT' TO AN EXISTING AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH BELAFONTE TACOLCY CENTER, INC., BY INCREASING THE AMOUNT OF FUNDING FOR THE OPERATION OF THE SPORTS DEVELOPMENT PROGRAM AT TACOLCY PARK FOR FISCAL YEAR 2001-2002, IN AN AMOUNT NOT TO EXCEED $7,880, FROM $78,795 TO $86,675; ALLOCATING FUNDS FROM NON - DEPARTMENTAL ACCOUNT NO. 001000.921002.6.930, AS APPROPRIATED BY ANNUAL APPROPRIATIONS ORDINANCE NO. 12128. 20 February 14, 2002 3. INSTRUCT MANAGER TO MEET WITH DEPARTMENT OF COMMUNITY DEVELOPMENT AND OTHER AGENCIES TO IDENTIFY FAMILIES THAT ARE AT - RISK TO PREDATORY LENDING PRACTICES AND PROVIDE COUNSELING REGARDING SAME; CITY ATTORNEY TO MEET WITH COMPTROLLER GENERAL AND INDUSTRY TO DETERMINE WHETHER OR NOT HOT LINE CAN BE ESTABLISHED TO BEGIN IMMEDIATE IDENTIFICATION OF AFOREMENTIONED PREDATORY LENDING PROBLEMS. DIRECT MANAGER TO WORK WITH CONSULTANTS AND GOOD SAMARITANS TO EXPEDITE NECESSARY PERMITS AS RELATES TO MS. BERTHA COLLIER'S HOME FORECLOSURE AND BRING BACK RECOMMENDATIONS FOR FEE WAIVERS. Chairman Regalado: Now, we have a special ceremony here. We have something that I think typifies what government and elected officials and the private sector is all about. Recently, there was a story on all the TV networks, even on national news about a lady in the Grove that was evicted from her house. The City of Miami Police Department went to that house when they saw what was happening, and called on some people. Two members of the City of Miami Commission, their offices, immediately responded, the Commissioner from the area, Vice Chair Winton, and Commissioner Arthur Teele, and other people participated. Today we have here the person that saved the day for this lady, and Commissioner Arthur Teele wanted to have this moment to not only honor these police officers and these businessmen, but also to express what is the will of the Commission in terms of cases like this, that we keep seeing in the media all the time. Commissioner Arthur Teele. Commissioner Teele: Thank you very much. Mr. Chairman, Mr. Vice Chairman, as you know, the Sunshine Law doesn't allow me to talk directly to you and I've tried to work through the Police Department. First of all, the item appears on the blue sheets under District 5 as a Dl. Madam Agenda Coordinator, it's Dl. I want you to take note of that on the blue pages. It's a discussion regarding Mrs. Bertha Collier of Coconut Grove, and I don't want to belabor this because there's a lot going on. The Attorney's office has got the trigger on this, if you will, to try to help us to bring this into a discussion. In addition, I should acknowledge, right off the bat that the organization, Little Acorns -- and I don't know if there's any representative here, Eric has gotten here yet -- has really been in the forefront of bringing this problem to our attention. The problem, ladies and gentlemen, is simply this: There is a high number of incidents involving senior persons, persons that are well over the age of 70 and 80, and even older, that appear to be happening in the City of Miami, but I'm sure throughout Dade County. Commissioner Barbara Carey -Schuler has expressed concern, legislatively, on the matter. We're talking now about something we refer to as predatory lending practices. This Commission has instructed the City Attorney to undertake an effort to bring forth an ordinance or appropriate legislation, and that process is working, We have further requested, through the Manager, that the Police Department be sensitive to this. And, again, consistent with what Vice Chairman Winton was saying about Wynwood this morning, I think, Chief Martinez, the Police Department is doing and has done an extraordinary job, and I don't know what the procedures are. We certainly don't want to interfere with this, but we really need to ensure that our City Attorney's Office is brought in the loop on all of these such cases, but what is happening now is that the City Police Department is injecting itself in these evictions appropriately on behalf of the citizens, in many cases. Now, obviously, once a judge issues an eviction order, there is limited action that we can take, but we can do a lot 21 February 14, 2002 ! 0 of things, humanely like let the Commission know, like let the chain of command know. I need the names of those officers, Chief, if you could help me. But what we'd like to do, first, is acknowledge that a situation, which has brought, again, national attention to the City of Miami involved a young lady, who's here with us today, Mrs. Bertha Collier, who's about 85 years old; is that right, Mrs. Collier? About 85, and she lives in the Grove. Has lived in the Grove as a good, God-fearing citizen that has just tried to do her part in making this a better community. Through circumstances, many of which are outside of her control, a judge issued an eviction order based upon a loan or a refinancing in loan that we would like to look into. We want to take this opportunity to acknowledge Mrs. Collier, and if there is a portable mic, if someone could give it to her, if she would like to say something. But at the same time, when all of her goods were put on the street, the Police Department immediately rallied to her assistance. We located what we're calling a Good Samaritan. And, Dave, I didn't know that that was your name, but a young man by the name of David Brown, and Mr. Brown is in business here in the City. He has provided free housing for a period of time right now, since this event, as well as he has secured all of her possessions and is providing, I would assume, free storage space? Free storage space for her belongings. And, Mr. Brown, we'll hear from you, but just so that the record is clear, Mr. Brown does own businesses that includes storage facilities in our community. So, that's sort of the inside joke there. But we wanted to just take a moment to acknowledge them. I wanted to ask the Chief or Deputy Chief if you would acknowledge, please, the individual police officers, and we'll start with the police officers, and ask them to just come forward and say anything you'd like to say, but be recognized by a grateful City that is doing our job to try to make this community a community which people feel safe and secure. Chief Martinez, Raul Martinez (Chief of Police): Thank you, Commissioner, And rather than having me speaking, I'd like to have the officers who actually did the work get the credit for it. They're the officers from the Coconut Grove Problem Solving Team. They're lead by Commander Danny Watkins, who is Sergeant Placido Diaz. Sergeant Placido Diaz is going to introduce the rest of the officers. Placido. Commissioner Tecle: As a matter of protocol and courtesy, I'd like, please, to have permission -- sergeant, if you would just come up here from the dais and speak because what you're doing, we're all grateful and you can bring your colleagues up here. You can even take the Mayor's mic here. Sergeant Diaz: First of all, let me start by saying that it's nice to see something positive come out of something negative. We became involved, not as a result of any enforcement action. We happened to go by and see what was going on and we did a little bit of inquiring. And found that there seemed to have been a situation where this individual here had been lead into a financial situation that was burdensome to her. Probably, unbeknownst to her. I mean, at this point, I don't know. But we felt that it was necessary for us to get involved, so my officers and I decided that, first and foremost, we were going to make sure that her belongings were kept and not discarded. We started reaching out to different members of the community, including the Commission, Commissioner Teele, Vice Chairman Winton, Chairman Regalado. We also reached out to citizens in the community that are known to us, like Mr. Brown, to try to assist her until we could sort matters out. We did, and it's nice to see that these things have all culminated to what it is today and hopefully it will have a nice ending for her, which I'm sure it will. I'd like 22 February 14, 2002 to recognize all of my officers. They all work very hard. Everybody contributed. We all work as a team and we all work together. And, once again, through teamwork, we managed to get a positive result from something that ultimately started negatively. Commissioner Teele: Sergeant, why don't you just introduce each one because I think they just sort of stand up, and just wave your hand as they call their names. Sergeant Diaz: This is Officer Clifford Townsend, Officer Maurice Austin, Officer Larry Hagen, Officer Jessie Enriquez, Officer Jose Oliva, Officer Freddie Ponce, Officer Rudy Ferreira (phonetic), that's our fearless leader, Commander Watkins. Commissioner Teele: Let's give them all a big hand. [APPLAUSE] Commissioner Teele: And, sergeant, if you would just stay right here. What we'd like to do, Dave, is ask you to just come up and say anything you'd like, and then, Mrs. Collier, we'd bring her up. If you would just stay right there and then we could bring up Mrs. Collier for last. I don't want her standing on her feet, if you'd like. David Brown: I'd just like to say thank you and I'm happy to do what I can do, and owning a business in the City, it's great to be able to help out and do my part. I, you know, I -- when I first came out there, you know, I seen all this stuff all in the storage and being able to easily put it up until this got resolved. It was something that was easy for me to do, but once I saw the whole situation, it was great to be able to help out with housing, too, and go the extra distance, and I'm grateful. I was aware and able to be there to do it. Commissioner Teele: Mrs. Collier, would you like to say something at this time? Would you join Dave and his wife as you all come forth, please? Dave, would you bring Mrs. Collier up, and we'd like to present you with a small memento. I should also add that there are a lot of people who are involved; Little Acorn is very much involved. We're trying to deal not just with Ms. Collier's situation, but the whole system of predatory lending. I should also note, Johnny, that Armando Gutierrez called me early on on this matter. He's out of town. But he's been very much involved in trying to mobilize some support. And, again, I think it's appropriate that here we are during Black History Month, but the essence of this month is to show an opportunity, not only to recognize blacks, but to let others be a part of our history, and I think it's so appropriate, Dave, that you and Armando and the Police Department -- MCM Construction has just walked in. They have agreed to make a substantial donation, in-kind donation of repairing and rebuilding the house to meet the code, if we can get the house back. I should also indicate that Luis Rojas and his law firm, Dwayne Morris have volunteered to provide pro bono legal help to fight to get Mrs. Collier's house back. And that law firni is based in Pittsburgh or Philadelphia. Where are you all based? Luis Rojas: Philadelphia, sir. Commissioner Teele: Philadelphia. And that law firm has volunteered pro bona -- Luis, come 23 February 14, 2002 • on up -- to provide legal support for Mrs. Collier to get her house back. [APPLAUSE] Commissioner Teele: And, so, what we have is a really all-American team in all of Miami coming together. And, Johnny, I know that you have worked very hard and I wanted to publicly acknowledge that the Sunshine Law doesn't allow us to talk, and we've been coordinated through the various people that are doing things, but this would not be possible were it not for the leadership that Commissioner Johnny Winton and the Grove commander and their team are playing in the Grove. Johnny is there everyday and the Grove commander is there, and I'd like to acknowledge and ask you to salute Commissioner Johnny Winton as well for his leadership in providing leadership in the Grove. [APPLAUSE] Vice Chairman Winton: Wow? Commissioner Teele: Luis Rojas, where are you? (COMMENTS OFF THE RECORD) Commissioner Tecle: Right. We're aware of that. Representative Rojas, did you want to make a public commitment so that we could hold you to it? Regarding your law firm's legal... Mr. Rojas: Yes, sir. And I'll give you an update. We -- I was called by Commissioner Teele and I checked with Mr. Winton's office and David Brown, and we went out there and saw the plight of Mrs. Brown. We have been in constant contact with the other law firm here in town, who -- let me tell you, they have -- the other law firm, Adorno & Zeder, they're working with us and I have gotten calls. You're right, this is a national problem. I got a call from a gentleman who says he's reviewed about 10,000 files in Florida of people that are over 65 that have been evicted, and the problem is that usually by the time it gets to eviction, the loan has been sold two or three times. So, you know, a law firm gets a legitimate mortgage that they have bought and they're doing what they were doing for their client. So, I do want to mention that the law firm of Adorno & Zeder is working with us to try to reinstate this loan or maybe somehow -- so those of you that can maybe call over there and say that this is important to the community and I've been in contact with a lawyer there everyday. He's moving the bank, and our hope is to get her back in her home. There is a construction company that is going to fix up her home. Her home is not in the best of repair. So, I think -- and I think the greatest credit of all, this really has to go to Miami Police Department, who -- sometimes people, you know, look at them and only see the wrong, but I think this is something that you all should be very proud of because it shows that you care about the people in your community. So, I'm just happy to be part of this. I think it's going to end up good. Vice Chairman Winton: Thanks, Luis. [APPLAUSE] 24 February 14, 2002 0 0 Commissioner Teele: Mr. Chairman, with your permission, we'd like to at least present this commendation to the Good Samaritan who stepped in right away, to his wife -- Mr. David Brown and his wife. [APPLAUSE] Vice Chairman Winton: Commissioner Teele, you know, when you think about this issue, if you go into the Grove and you look at the property that she owned, she owned four houses side by side in the west Grove, and she is at a point now where she's about to own zero. If -- and this goes to the heart of the discussion that we've carried on for two years now about homeownership, and the ability to create wealth that can be passed on from generation to generation through simply homeownership. She owned her homes. Now, through some mechanism or another, all four of those homes are now out of her hands. She could have a net worth today in that arena -- in that neighborhood of no less than a hundred and fifty thousand dollars ($150,000) today and it could be more. And, so, it seems to me that there is potential for a task that government can undertake, and it probably goes through Community Development some way or another, where we identify in neighborhoods that are below the poverty line, identify all the families where the head of the household is above a certain age, and literally identify a team of people that can go out and interview the head of that household, and to provide the kind of counseling and coaching that can help them understand that their -- before you go sign something that you shouldn't be signing, call us so that we could can help you with this particular problem. Now, I know it's going to take some real resources to do that, but if we're successful at doing that, we will be successful at truly helping minority families in these neighborhoods create real wealth that can be passed on to their heirs, as opposed to it being given away, which is a part of our mission. So, I don't know, Mr. Manager, maybe there's a way you can get with CD (Community Development) and we can figure out a way to team up with the County or some other agencies to identify the most at risk families and get out and talk to them before it's too late, since this is a national problem. There isn't any legislation that's going to solve this, at least immediately, so in the meantime, we could save a bunch of families from going through the same kind of thing, and secondly, we may be able to, through our counseling, help them understand the real value of their property is, so that they don't end up deeding it over to their 14th cousin removed, who came in to help for a couple of months and now then they've got the house. That kind of think. So, I would hope that we can look at this because I think it goes to the heart of this whole issue of creating wealth in neighborhoods through homeownership. Commissioner Teele: Thank you very much, and we agree. I'd just like to acknowledge the representative of MCM and I know that you'd like to put your commitment on the record because these commitments are very important to our community. Raul Munilla: Yes, you can count on MCM support. Raul Munilla, on behalf of MCM and the Munilla family. We surveyed the house yesterday. We were escorted by a police officer and look at the conditions of the house, and we -- we'll commit ourselves to five thousand dollars ($5,000) worth and then whatever is required to put that house back in order for the lady to live in a humane way, as she, I'm sure, had been used to living. You can count on MCM for that. 25 February 14, 2002 • Vice Chairman Winton: Thank you. [APPLAUSE] Commissioner Teele: Mr. Chairman, the only thing I think we should do is perhaps entertain a motion to further instruct the City Attorney to meet, in addition with the Governor -- I'm sorry, the Comptroller, General Milligan, and to further meet with the industry to determine whether or not we can establish, consistent with what Vice Chairman Winton is saying, a hotline to begin immediately the identification of these problems. And I would so move. Vice Chairman Winton: Second. Chairman Regalado: There is a motion and a second. All in favor say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 02-150 A MOTION INSTRUCTING THE CITY MANAGER TO MEET WITH THE DEPARTMENT OF COMMUNITY DEVELOPMENT AND OTHER AGENCIES TO IDENTIFY FAMILIES WHOSE HEAD OF HOUSEHOLD IS ABOVE A CERTAIN AGE THAT ARE AT -RISK TO PREDATORY LENDING PRACTICES AND TO PROVIDE COUNSELING REGARDING SAME; FURTHER INSTRUCTING THE CITY ATTORNEY TO MEET WITH THE COMPTROLLER GENERAL AND THE INDUSTRY TO DETERMINE WHETHER OR NOT A HOT LINE CAN BE ESTABLISHED TO BEGIN THE IMMEDIATE IDENTIFICATION OF THE AFOREMENTIONED PREDATORY LENDING PROBLEMS. 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 Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Commissioner Teele: Thank you very much, Mr. Chairman. 26 February 14, 2002 0 0 Chairman Regalado: Do you have anything else to say about the construction process, the pen -nits? Commissioner Teele: Yes. I would move, Mr. Chairman, that the Manager be requested to work with the consultants and the Good Samaritans to expedite any permits necessary -- Vice Chairman Winton: (INAUDIBLE). Commissioner Teele: -- or any action and to present a recommendation of fee waivers, as appropriate, regarding this, and similar matters before this Commission. So moved, Mr. Chairman. Vice Chairman Winton: Second. Chairman Regalado: There is a motion and a second. All in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 02-151 A MOTION DIRECTING THE MANAGER TO WORK WITH CONSULTANTS AND GOOD SAMARITANS TO EXPEDITE NECESSARY PERMITS AS IT RELATES TO MS. BERTHA COLLIER'S HOME FORECLOSURE AND BRING BACK RECOMMENDATIONS FOR FEE WAIVERS, AS APPROPRIATE, FOR THIS AND ANY SIMILAR MATTERS. 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 Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Chairman Regalado: It passes. Commissioner Teele: Thank you very much, Mr. Chairman. Chairman Regalado: Thank you. 27 February 14, 2002 Commissioner Toole: Yes, sir. Evangelist Lee Variety: Yes. I'm Evangelist Lee Variety: I would like to say, on behalf of many organizations that I'm the liaison for, that we really appreciate what you all are doing. And Commissioner Toole, I've seen you in other areas where there have been similar problems. Even the two or three problems that have come up before this, that we were involved with, and that could have got out of hand, that was negative in the sense that it looked as if though that we were attacking the officers and the Chief had to get involved with it. Now, we're seeing that this come down to a point where we can see that, as we work together, that this has turned into a very beautiful situation. And I think that not only will it be something that would help this community, that it's going to set a national precedence in reference to someone coming forward, making a complaint to the officers or the officials of our City, and all of us coming together, which makes us a real community. Now, you have Good Samaritans, you have MCM, and I would like to have a meeting with some of the individuals who have the heart to be concerned, so that we could work out some different tactics that will help you to understand how this is developed, and where it's coming from. In that way, maybe you could better see it. Then, we can, like you say, put it back in the hands of the City. I think, Commissioner Toole, you're a perfect person for that. We have also sent a letter to you, letting you know that we appreciate you recognizing the vision and the things that you're doing at this point, and we want to see that this continue on a scale where we catch it before it starts deteriorating to the point that this lady's life has deteriorated, too. Because, see, it's one thing that we can't fix, the mental anguish and the destruction and the harm that is done to an individual once this takes place. So, we appreciate what you're doing, and if we can get together with some of the individuals after this, and maybe set up a meeting that can be set up properly, and Mr. Teele, if you would be able to put that together, I would appreciate it. Thank you. Commissioner Teale: Thank you very much. Evangelist Variety: God bless all of you. Commissioner Teele: Thank you. Chairman Regalado: We have -- later on. Just a few words, Commissioner. It wasn't planned, but by faith, three communities worked together in this situation, and -- a Cuban -American construction company, a Cuban -American attorney, and an Anglo business person helping an Afro American pillar of the community, and our two Commissioners that really went out of their way. So, I'm very proud of you two. I'm very proud of David. I'm very proud of the Construction. Thank you. As a member of this Commission, I really thank you very much for this that you have done to do the right thing for one person. Commissioner Toole: Mr. Chairman, thank you very much. And 1, again -- Mrs. Collier, we appreciate -- excuse me. Yes. Reverend James C. Jackson: I'm Reverend James C. Jackson, a pastor in Coconut Grove -- 28 February 14, 2002 • 0 Commissioner Teele: Yes. Pastor, I apologize. I didn't recognize you. Reverend Jackson: That's OK. Commissioner Teele: I didn't recognize you in this role today. I apologize. Reverend Jackson: That's -- Commissioner Tecle: You're right on time. Reverend Jackson: That's OK. I remember brother Teele. He's a fraternity brother of mine. Commissioner Teele: Yes. Yes. Reverend Jackson: And also on some other community issues. And on this issue, unfortunately, I was away and I saw it on the news, but I just want to first of all, commend the police officers and Vice Chairman Winton and Commissioner Teele and all of you, MCM Construction, and Mr. Brown, for stepping in. I've had opportunities to meet with Lieutenant Watkins on some other issues in the community, but I just want to note that our ministry will start doing seminars. As well as a pastor, I have years of banking experience in mortgages and commercial mortgages and finances, and our ministry has committed to do seminars for the Coconut Grove community and the community at large, in educating our seniors on how to look for things in certain documents before you sign them, and how not to sign certain documents for mortgages, and to consult with other professionals before you sign them. Even if it's family, to get with family first, and then family get with some professionals that know these, But we're going to bring in several bankers from the large banks to educate these people so they won't fall into this situation. Vice Chairman Winton: Well, reverend, I would hope that you would, in addition to the seminars, I think it may be more important to have literally a home bound outreach program where you literally go door to door and you could probably work with the City to get the appropriate demographics so that you can do target -- you know, not -- because you don't want to go to every single door in the community, but you could target the specific audience that you're really looking for and go door to door because many of these people probably aren't going to be able to come to a seminar, you're not going to get -- so, I would hope that you're going to consider going door to door because I think you could literally, overnight, solve this problem, at least in the West Grove. Literally overnight if we put enough resources in it. Commissioner Teele: Reverend, the Cleric wants you to just give your full name and address and the name of your ministry for the record, please. Reverend Jackson: OK. I'm Reverend James C. Jackson III. Our ministry is the Upward Way Christian Center. It's the new non -denominational church in Coconut Grove. The address is 3646 Thomas Avenue. Commissioner Teele: All right. Thank you very much. And we appreciate you coming forth. Mr. Chairman, this concludes -- again, we'd like to conclude by again offering a salute to the 29 February 14, 2002 commander and Sergeant Diaz and the entire Police Department in the Grove for the tremendous heads up and great work for our community. May God bless each of you. [APPLAUSE] Chairman Regalado: Thank you. 30 February 14, 2002 4. AUTHORIZE MANAGER TO EXECUTE LEASE AGREEMENT BETWEEN CITY AND GROVITES UNITED TO SURVIVE FOR USE OF 1500 SQUARE FEET OF PROPERTY LOCATED AT 3692-B GRAND AVENUE FOR OFFICE SPACE FOR SOUTHWEST GROVE NET OFFICE AT MONTHLY FEE OF $1,300, WITH TERMS AND CONDITIONS (SEE 42). Chairman Regalado: OK. Now, let me -- Vice Chairman Winton: Mr. Chairman. Chairman Regalado: Yes, sir. Vice Chairman Winton: The CA (Consent Agenda) item that we talked about just a moment ago that -- the one on the lease -- Chairman Regalado: Yes, sir. Vice Chairman Winton: -- the City has met with the landlord and the landlord would like us to move this item this morning. So I think that they want to make a comment and then we're going to prove CA whatever -- whatever CA it is -- 11. Chairman Regalado: Thank you. There is a motion. I need a second. (INAUDIBLE) It's been second. Go ahead, sir. Dennis Wheeler: Dennis Wheeler, Director of NET (Neighborhood Enhancement Team). I'd like to make one amendment to the resolution and -- where it says "twelve thousand dollars ($12,000)," I'd like to amend that to "spend up to twenty thousand dollars ($20,000)." Vice Chairman Winton: That's on the bathrooms. Mr. Wheeler: Yes, sir. Vice Chairman Winton: OK. Mr. Wheeler: And then -- we discussed this in the backroom with the owner and we're going to take the 60 days out of that contract. Vice Chairman Winton: The 60 -day cancellation clause out. Mr. Wheeler: Yes, sir. And then he is ready to move on. Vice Chairman Winton: And he wants as to move forward now. Mr. Wheeler: Yes, sir. Vice Chairman Winton: OK. Commissioner Regalado, we got a motion and a second and -- 31 February 14, 2002 0 Chairman Regalado: OIC. We have a motion and a second. All in favor say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. It's been approved. The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-152 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("LESSEE") AND GROVITES UNITED TO SURVIVE ("LESSOR") FOR THE USE OF APPROXIMATELY 1500 SQUARE FEET OF THE PROPERTY LOCATED AT 3692-B GRAND AVENUE, MIAMI, FLORIDA, FOR OFFICE SPACE FOR THE SOUTHWEST GROVE NET OFFICE AT A MONTHLY FEE OF $1,300 FOR A PERIOD OF TWO YEARS, SUBJECT TO THE FOLLOWING AND TERMS AND CONDITIONS AS SET FORTH IN THE AGREEMENT: THE CITY WILL BE RESPONSIBLE FOR (1) THE FIRST $2,000 OF COSTS FOR NON-STRUCTURAL MAINTENANCE AND REPAIR OF THE OFFICE SPACE, (2) PAYMENT OF ALL UTILITIES AND (3) CONSTRUCTION OF ONE HANDICAP ACCESSIBLE BATHROOM AT AN ESTIMATED COST OF $20,000; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 145001.251113.6.620. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Tecle, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 32 February 14, 2002 5. DEFER ATTORNEY-CLIENT SESSION TO DISCUSS PENDING LITIGATION RELATED TO MCGRATH VS. CITY OF MIAMI AND MIAMI-DADE COUNTY VS. CITY (PARKING SURCHARGE CASES) TO 2 P.M. ON THIS SAME DATE. (SEE #29). DEFER ATTORNEY-CLIENT SESSION TO DISCUSS PENDING LITIGATION RELATED TO DELOITTE-TOUCHE, LLP & FRANK PAREDES VS. CITY TO 4 P.M. ON THIS SAME DATE. (SEE #48) Chairman Regalado: Now let me ask you. Unidentified Speaker: Thank you, sir. Chairman Regalado: We have scheduled an executive session, however, Commissioner Sanchez will not be coming to the morning session. He'll be here in the afternoon. We have a CRA (Community Redevelopment Agency) meeting at two here in the chambers. Why don't we move the executive session for 3 o'clock in the afternoon? Is that -- Commissioner Teele: Why don't move it for 1:59? Chairman Regalado: One fifty-nine. Commissioner Teele: And do the executive session -- or whatever the Manager -- will be better for the Manager. Alejandro Vilarello (City Attorney): Commissioner -- Chairman Regalado: City Attorney. Mr. Vilarello: If you can give me a moment to check with the schedule of outside counsel. We have outside counsel on each of the two executive sessions. Chairman Regalado: I understand but -- Mr. Vilarello: I'm sure it won't be a problem but let me -- I'd like to cheek. Chairman Regalado: I understand. But Commissioner Sanchez is not here and if we go into executive session, we have some people here also for some of the items that needs to be discussed. We have in the afternoon the CIP (Civilian Investigative Panel) and we need to do something now in the morning session, so -- Commissioner Teele: Mr. Chairman, I think what the Attorney is saying is let him talk to the lawyers and see if it's better for 2 o'clock, 3 o'clock, or 4 o'clock for them, but either way, we're going to do it this afternoon. Chairman Regalado: OK. That -- yes. But 4 o'clock, Mr. Attorney, will be the last time that we could do it because at five we have a time certain and at six and at seven, so -- 33 February 14, 2002 • 0 Mr. Vilarello: Commissioner, I'll be able to tell you in a moment. One is certainly available at 2:30 or 2 o'clock. I just need to check on the other one. Is the Commission's wish to return at 2 o'clock? Chairman Regalado: No, we have to return at 2 o'clock. There is a CRA meeting at 2 o'clock. Commissioner Teele: We'll defer that to the executive session. I mean, whatever is best for counsel. Chairman Regalado: Whatever you want to do. Whatever you want to do. I mean, whatever you want to do, Commissioner Tecle. If you want to do the executive session first and then CRA, it's up to you. Commissioner Teele: I think whatever is convenient for our lawyers, our outside lawyers, and we'll set it as soon as he talks to them. Mr. Chairman, I know we've got some expensive lawyers in the room and I'd like -- Chairman Regalado: We got one pro bono here. Commissioner Teele: One pro bono. Chairman Regalado: Yeah, over there. Vice Chairman Winton: So, he's not quite as expensive. Commissioner Teele: But I know that you had an item on this morning involving one of our attorneys and if you'd like -- Chairman Regalado: I do. I do. And if you all agree, then we will take an item regarding the cable services provided by AT&T (American Telephone & Telegraph). We have Susan Bisno from AT&T here. We have Matthew Leibowitz. He is the attorney representing the City on the issues that we have with -- yes, sir. Commissioner Teele: That's the blue pages, Item Number District 4-A, at the request of the Chairman. All right. Not everybody at once. Vice Chairman Winton: I'm sorry. I was -- Commissioner Teele: I was just giving the rest of the Commission -- this is District 4 blue pages Item Number A, discussion concerning cable television by Commissioner Regalado. Chairman Regalado: Yes. Just an announcement. The City Attorney says we have two issues (INAUDIBLE) different on the executive session. So let me tell you to see what all of you want to do. Two o'clock is fine for one attorney to do one of the issues, so -- Commissioner Teele: Mr. Chairman, I would move that the Item -- would you say what it is? 34 February 14, 2002 i 0 Mr, Vilarello: That involves the Patrick McGrath versus City of Miami case. That would be heard at 2 o'clock. Commissioner Teele: I would move that the executive session involving the Patrick McGrath that was scheduled for 9 a.m. today be deferred to 2 p.m. today, Mr. Vilarello: And the other case is -- Commissioner Teele: So moved, Mr. Chairman. Chairman Regalado: It's been moved. And a second? Vice Chairman Winton: Second. Chairman Regalado: All in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 02-153 A MOTION TO DEFER THE ATTORNEY-CLIENT SESSION TO DISCUSS PENDING LITIGATION RELATED TO THE MCGRATH VS. CITY OF MIAMI AND MIAMI-DADE COUNTY VS. CITY OF MIAMI (PARKING SURCHARGE CASES) TO 2 P.M. ON THIS SAME DATE. 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 Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Commissioner Teele: And I would further move that the item regarding -- Mr, Vilarello: Deloitte -Touche -- that's City of Miami versus Deloitte -Touche. Commissioner Teele: That was previously scheduled for 9 a.m. for executive session be deferred to -- 35 February 14, 2002 Mr. Vilarello: Four o'clock. Commissioner Teele: -- 4 p.m. today. So moved. Chairman Regalado: It's a motion. It's been moved and -- Vice Chairman Winton: Second. Chairman Regalado: -- second. All in favor say "aye." The Commission (Collectively): Aye. Chairman Regalado: OK. That's the time. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 02-154 A MOTION OF THE MIAMI CITY COMMISSION TO DEFER ATTORNEY- CLIENT SESSION TO DISCUSS PENDING LITIGATION RELATED TO DELOITTE-TOUCHE, LLP & FRANK PAREDES VS, CITY OF MIAMI TO 4 P.M. ON THIS SAME DATE. 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 Gonzdlez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 36 February 14, 2002 0 0 6. SCHEDULE PUBLIC HEARING FOR MARCH 7, 2002, AT 6:00 P.M., FOR PURPOSE OF DISCUSSING PROPOSED RENAMING OF BISCAYNE HEIGHTS MINI -PARK TO SHORECREST MINI -PARK. Vice Chairman Winton: And Commissioner -- Chairman Regalado: Yes, sir. Vice Chairman Winton: Commissioner Regalado, I've got -- we have someone here that we can -- that would like to go home. In my blue pages, on "C", there is a discussion item about renaming the park. What they've asked -- the people in the neighborhood have asked me to do is to move this item to March the 7"' for a time specific and announce that -- Chairman Regalado: You want to discuss it now? We can do it right now. Vice Chairman Winton: No, because they want to defer it and discuss it later. And they want to make it a public hearing on March the 7`" at a time specific. So, you know, could -- Chairman Regalado: Do you want -- what time you want, Commissioner? Vice Chairman Winton: Six o'clock. Albert Ruder (Director, Parks and Recreation): Is that the Shorecrest one? Vice Chairman Winton: That's the Shorecrest one. Mr. Ruder: OK. Naming it Shorecrest Mini -Park. Vice Chairman Winton: Right. They want to make sure that it's publicly noticed, that there is a public hearing so that it's -- Commissioner Teele: Second the motion. Vice Chairman Winton: -- you know, so that we don't get caught up in that thing, "Well, I didn't want it. He wanted it," kind of thing. Commissioner Teele: Second the motion. But I thought, Mr. Attorney, that our instructions were that any interest in land, including naming, required a public hearing. Vice Chairman Winton: I don't remember either. Probably should but -- Mr. Ruder: When it comes to paries -- I mean, I'm not the attorney, but I'm not sure -- I don't think it's very clear. So we normally have a public hearing because it is naming a public place something else, so that's why we want to do this as a public hearing. Commissioner Teele: Second the motion. You said for 6 p.m.? 37 February 14, 2002 Vice Chairman Winton: Six p.m., on March the 7"' Chairman Regalado: Six p.m., March the 7'h __ Vice Chairman Winton: Yes. Chairman Regalado: We do not have any time certain, not that I remember, on March the 7"'. So this is the first time certain item. Six p.m., March the 7"', Commissioner Winton's discussion concerning the renaming of Biscayne Heights Mini -Park to Shorecrest Mini -Park. Commissioner Teele: Call the question. Chairman Regalado: All in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Vice Chairman Winton, who moved its adoption: MOTION NO. 02-155 A MOTION SCHEDULING A PUBLIC HEARING FOR MARCH 7, 2002, AT 6:00 P.M., FOR THE PURPOSE OF DISCUSSING PROPOSED RENAMING OF BISCAYNE HEIGHTS MINI -PARK TO SHORECREST MINI -PARK. 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 Gonzalez Commissioner Arthur E. Tecle, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 38 February 14, 2002 i 0 7. SCHEDULE PUBLIC HEARING FOR MARCH 7, 2002, AT 10:00 A.M., FOR PURPOSE OF DISCUSSING PROPOSED NAMING OF RECREATION BUILDING LOCATED IN ROBERTO CLEMENTE PARK. Vice Chairman Winton: And I'm sorry, Mr. Chairman, but -- Chairman Regalado: No, no. Vice Chairman Winton: -- apparently, we want to do the same thing with the naming of Dorothy Quintana Community Center in Wynwood. Do the same thing. Time certain -- is it the same date, March the 7`1'9 And at -- is it possible to do it at 10 a.m.? Unidentified Speaker: Yes. Vice Chairman Winton: OIC. Chairman Regalado: It is possible. Commissioner Teele: Second the motion. Chairman Regalado: Ten a.m. time certain on March the 7"' Vice Chairman Winton: Yes. Chairman Regalado: All in favor -- 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. 02-156 A MOTION SCHEDULING A PUBLIC HEARING FOR MARCH 7, 2002, AT 10:00 A.M., FOR THE PURPOSE OF DISCUSSING PROPOSED NAMING OF THE RECREATION BUILDING LOCATED IN THE ROBERTO CLEMENTE PARK. 39 February 14, 2002 11 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 Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Vice Chairman Winton: And thank you very much. 1 didn't mean to interrupt. Alejandro Vilarello (City Attorney): That's Commissioner Winton's Item E. Chairman Regalado: Huh? Mr. Vilarello: Commissioner Winton's Item E. Chairman Regalado: Commissioner Winton Item E. That would go on Commissioner Winton blue page and the time certain 10 a.m.. We'll make sure that we'll hear that at that tirne. The Shorecrest Item, it will go, Mr. Manager, on a time certain 6 p.m. on the regular agenda. Vice Chairman Winton: And I'm sorry. Mr. Chairman, thank you for allowing me to interrupt you. Chairman Regalado: Thank you, sir. 40 February 14, 2002 0 0 8. WITHDRAW PROPOSED CO-SPONSORSHIP OF ST, SOPHIA CATHEDRAL GREEK FESTIVAL. Chairman Regalado: Commissioner Sanchez wants to withdraw his item, Item A, from his District 3 blue page, discussion concerning St. Sophia Greek Festival -- Commissioner Teele: So moved, Mr. Chairman. Chairman Regalado: -- hanging banners -- Vice Chairman Winton: Second. Chairman Regalado: -- so that has been done already. 41 February 14, 2002 0 • 9. DIRECT MANAGER AND CITY ATTORNEY TO INVESTIGATE COMPLAINTS RECEIVED FROM CITY RESIDENTS IN CONNECTION WITH CABLE SERVICE PROVIDED BY AT&T BROADBAND. AUTHORIZE MANAGER TO DECLARE EMERGENCY, IF NECESSARY, AND IMMEDIATELY PROCEED TO ENGAGE FIRM TO CONDUCT CITYWIDE SURVEY OF CABLE TELEVISION SERVICES AND AT&T'S SENSITIVITY TO COMMUNITY. Chairman Regalado: And we have several persons here. Well, we have Susan and Matthew, regarding AT&T (American Telephone & Telegraph). The reason I brought this is because I have received several complaints -- many complaints, I should say, about the service of AT&T. Some people complained about the sound. Some people complained about the quality of the image, and some people complained about the response time. We had a letter -- Commissioner Winton forwarded a letter from a Brickell resident that went through very difficult time regarding the service by AT&T. So we have a situation now ongoing with AT&T in terms of the construction. So do you want to address the Commission, Susan, regarding first the construction. If you want to give an update on the construction, maybe we'll have an idea of how much money you Owe us. Susan Bisno: You make me get up here before you bring up the money. Very clever. We have about 80 -- Commissioner Teele: Your name and address, just for the record. Ms. Bisno: I'm sorry. Sure. Susan Bisno, Vice President of Government Affairs, AT&T Broadband. I live at 1800 Sunset Harbor, Miami Beach. We've completed about 80 percent of the construction of the new system. We've activated about 60 percent. And right now, just under 40 percent of the homes, that's single-family and multiple dwelling, are served off of the new cable system. We still believe and are aiming and committed to getting the system substantially complete by June 1 ". And I'm working with Mr. Leibowitz to create a resolution or ordinance -- forgive me, I'm not quite sure which it'll end up being -- for the Commission to pass, specifically, as Commissioner Teeie had asked, and that we all agreed is a great idea. We're working through the details of it and certainly not slowing down the rebuild at all. As to the complaints, Ms. Buza has provided to me an assessment, which I assume she's providing to the Commission, as well. I've just seen it for the first time right now. Certainly, complaints are not something we like. We try very hard to avoid them and we'll do everything we can to address them. I'll be candid that part of the reason that this rebuild is so important is that this is an old cable system, and we definitely need to address it. And we need to make sure people get better reliability. And we need to make sure people get better picture quality. That's one of the reasons we're rebuilding it. No question. So all I've given, certainly, to your aid, Commissioner, and I thought I'd given to all the others but I can double check, a good way to get to an executive services team so that the complaints that you get are gotten right through. And anything for the general public, if I need to redistribute the phone numbers and make sure people are getting through quickly enough, I'll be glad to do that. Certainly a top priority. Vice Chairman Winton: Mr. Chairman. 42 February 14, 2002 0 • Chairman Regalado: Yes, sir. Vice Chairman Winton: I feel badly for Susan Bisno here because she's representing AT&T. Barry Johnson, a very close friend of mine from AT&T. Ms. Bisno: I could get him. Vice Chairman Winton: But we went through -- just personally -- now I can imagine others that -- but we went through absolutely -- my wife did. I didn't go through it -- the worst: experience you could imagine in trying to get service -- their new service hooked up right. The sales pitch was totally misleading. The way they build was misleading. I mean, just about every -- they had to come back three times. Just about every part of the process was -- and this is about the management of the system. This doesn't have anything to do with the new installation. This has to do with ongoing day-to-day management. And my wife finally got so mad, she threw AT&T out and we went to satellite. Well, you know, that's -- the good news is, there is an alternative. So -- but there's an alternative for us, not everybody can afford to go to satellite. And I just really worry about the sales pitch and the message and the process for delivering this service to poor families who don't have the education to think about the questions and deal with the issues that are coming forth. If they're going to do that to me, you know they're doing it to others and it's, Susan, a mess. And it's an internal mess. Doesn't have anything to do with laying a cable. So, some way or another, you guys are going to have to -- you know, top management's going to have to figure out how they're going to get the right people hired and trained and managed so that we can get through this system without you being here at every Commission meeting. Chairman Regalado: Thank you. Commissioner Teele: Susan, did you ever say how much money you're -- did you answer the first part of -- Ms. Bisno: Well, the -- Chairman Regalado: We know. Ms. Bisno: I'm sorry. Chairman Regalado: We know how much money they owe. But let me tell you. This issue about the construction is totally separate from the issue of what you were talking about. Actually, I started my research because your office sent a letter from the president of Bacardi, who had a nightmare on his Brickell condo. I mean, they wanted to pass cable through the living room and whatever, so he complained very -- he was very adamant in complaining. Later on, I have received several complaints. I don't know anything about the information that Elaine gave you now because I wasn't provided with any information at all. But I'll tell you something. I think that they -- first of all, I think that you all are in breach of contract because of the lack of service. That's different of the issue. And I think that we should fine you, AT&T, with a different fine because of lack of services. We should start a fine. We cannot do that until we document the non -service clause. So, my mission here was -- and I think I'm going to try to do, 43 February 14, 2002 0 0 if I get help -- that the City will do a survey about service by AT&T Cable Systems; that this survey will be done by an outside firm, whatever the administration decides, and that the cost of the service will be billed to AT&T in -- for the money that they owe us in terms of the fine. 1f that survey shows that there is a major breach of contract, then we can start fining you twice, one for lack of construction and one for lack of service and response time. Because according to what I remember from the contract, you are in breach of contract, in terms of response time to the people. So, I would like, later on, to malce a motion regarding that issue. The Mayor wants to speak on the other issue. Remember, this is totally different. The service doesn't have to do anything with the construction. It's two separate entities. So -- but the Mayor wants to speak on the issue of the money that should be now by the four hundred thousand dollar ($400,000) figure, more or less. Hopefully, you will be delayed more on the construction and we'll get more money. But the Mayor -- Mr. Mayor. Ms. Bisno: Excuse me, sir. Of course. Mayor Manuel Diaz: Hello? Thank you, Mr. Chairman and Commissioners. l just wanted to address this issue briefly. An issue that is a top priority for me as it is for all of you when I've spoken to each of you individually is the notion of cleaning up our City. And what 1 wanted to throw on the table today for all of you to consider is that, as we've discussed these potential corporate contributions that AT&T can make to the City of Miami, I would like you to consider addressing a significant portion of this to a full-scale clean up Miami campaign. To that end, over the past several weeks, I've been meeting with the administration, Solid Waste, Public Works, Police Department, our NET (Neighborhood Enhancement Team) offices, to develop a comprehensive, frill scale each department targeted clean up campaign for the entire City of Miami. And I think that this would be an extremely appropriate use of AT&T's desire to make a corporate contribution to this effort. Chairman Regalado: OK. That's the proposal from the Mayor. If -- let's listen to Matthew. Matthew, I just want to make sure that I'm right. We're discussing here two totally different issues regarding the contract, right? Matthew Leibowitz: Correct. There are two -- Chairman Regalado: Your name. Mr. Leibowitz: First of all, for the record, Matthew Leibowitz. I'm special counsel to the City, One Southeast Third Avenue, Miami. You're correct that there are two separate issues before you. The first issue that we've been laboring with and actually making progress since the last meeting on the construction. At that time -- at the last meeting, I reported that there were significant variations or we believed to be variations on the estimate of the new construction that was being requested. We've had a consultant come in. We've gotten a report. There are numerical differences of substantial magnitude, and we're having a meeting next week with AT&T to deal with that issue. Secondly, as part of that process, one of the things I recommended was that instead of some deferral of rate increases, which was rather amorphous, we talked about actually re -dating or providing direct discounts to the customers themselves, and we have moved along on that process. The second issue and separate issue which you've raised 44 February 14, 2002 0 • is that of customer service. And I understand from Elaine Buza and staff that you've received a handout prepared by the Department of Information Technology Services titled "AT&T Broadband Cable Services City Complaint Analysis 2000-2001." What this basically shows is the numerical increases and comparison and the types of complaints between the years 2000 and 2001. What I suggest is, again, we look at this process individually but, also, in context of a larger process. First of all, the individual process. Under your franchise and ordinance that we labored so long and accomplished, we have very significant customer service standards. This may very well provide sufficient documentation to move independently in terms of notices and running of fines on customer service. I would ask that you authorize the City Attorney's Office and Elaine's office to look at that. And if this is adequate documentation, that you authorize them to issue those notices now, not wait for that survey. The second thought is the survey itself is an excellent one. And we need to potentially expand that to look at behind the numbers. Allegations have been made in other jurisdictions -- and I stress the word "allegations" -- that some of the numbers may not be accurate that we're getting. I don't know if that's the case in this other jurisdiction. I certainly don't know if it's the case here, but we may want to look at it. So, I -- that's your first step. Your second step is, as you all know, Comcast and AT&T are merging. You will have before you the end of the month, probably early in March, the request for consent to -- for this new merger. We've been through that before as a City. It opens up a significant opportunity for the City to look at the issues of existing compliance and where we need to go with our new cable partner, in this case, Comcast. The good news is that not only do we have Susan, who we have a good relationship with, but Ellen Filipiak has come back on behalf of -- I don't know what her official title is, but she's the head of the State -- Senior Vice President. She's a terrific lady to work with. I have a great deal of confidence in her. On the Comcast side, we have former attorney from Miami, Terry Bienstock now is in-house general counsel of Comcast, also a very good person to work with. So we have two people, in addition to Susan, who have the knowledge and the expertise. The question will be whether they'll be given the resources. So I think we have three distinct issues -- processes here I would suggest. First, maintain the process on the delay of the upgrade. We'll have the meeting next week and soon come before you on our resolution on that. That number -- and Commissioner Teele, that number may be as high as 700 or eight hundred thousand dollars ($800,000) by the time we're done. We're not sure yet. It's running at several thousand dollars a day. So there may be substantial dollars for that -- you know, running from that basis. And we've all agreed not to call it a rine but -- Chairman Regalado: For the record, it's two thousand dollars ($2,000) a day. Mr. Leibowitz: Two thousand dollars ($2,000) a day, correct. The second is, if we issue the notices on the customer complaints now, we will also have a financial consequence, potentially, for purposes of discussion. But I think what we need to do is focus on not so much punitive fines but, in the wisdom of this Commission and in the Mayor, is how to use this money -- if it is, in fact, due -- how to correct the problem and benefit the City. So I would ask you, again, to authorize Elaine Buza and the City Attorney to investigate whether notices can be issued now, and if they can, authorize them to do it. Sub part of that is your suggestion on the survey and -- Chairman Regalado: Matthew. 45 February 14, 2002 • Mr. Leibowitz: And then, third, is start preparing for the transfer request. Chairman Regalado: Matthew, actually, the main idea behind all the actions that this Commission have taken is not to punish AT&T. Mr. Leibowitz: Correct. Chairman Regalado: We have -- it was the will of the Commission, from day one, and Susan was very persuasive about it regarding that this is not a punishment; that this money should be used somewhere. Some people had said, you know, just wire different City entities, buildings to broadcast live. It turn out to be that that figure was incredible, to say the least. But, anyway, the Mayor has now proposed something, which I support, by the way, because -- and we can discuss that now or later when we have a full board, if we do. But I think that we should do a survey. And the reason that we should do a survey and do it now is because the City does not know exactly the complaints of the people because they get lost in the system. I remember several years ago I found, when we were looking at the pink building over there in Bayshore, boxes and boxes of complaints that were damped by some leaks in the room. I just don't trust the City system to get the complaints. I think that we should go out and do a survey. Mr. Leibowitz: I agree. Chairman Regalado: Because that survey -- because, you know, we cannot tell them what to charge. We cannot tell them what to program, but we can tell them how to do the service. Mr. Leibowitz: Correct. Chairman Regalado: And we are guardians of the clients in the City of Miami in terms of services, and there is a lot of complaints. And, your idea, it's fine. My understanding was that we cannot do it, not with what we have here now. Because what we have here now is some people that are very knowledgeable about the system that do call and do get through to one of those voicemail to leave a complaint in the City. So we have to ' do in the survey and charge them to, you know, to whatever that -- Mr. Leibowitz: We're in agreement. We should definitely do a survey and that is critical to the process, not only now but for the upcoming transfer. But what I'm suggesting is, given this new data that we now have, this might be adequate to start the system and initiate that other process. Chairman Regalado: I don't think that this data is correct. I really do. I think there's more than what they show here, because in my office I get more than -- in December 29`h, 29 complaints. December 2001. So I get more complaints in my office. Mr. Liebowitz: No, but my point being, sir, is that if this is the minimum -- in other words, you're getting more complaints, but if this is an adequate minimum and an adequate minimum amount of documentation, we can start the process. And as we document more problems, either by collecting data through the various offices and/or the survey, we can add to the process. But this may be the minimum amount we need. 46 February 14, 2002 Chairman Regalado: I understand. Susan, I have here -- and Matthew -- I have here, Mr. Mayor and members of the Commission, complaint from a resident in District 4. Now he was moved into Broadband. He cannot see Net 9. The City of Miami TV (Television) station, apparently, has not been incorporated in the broadband system. (COMMENTS OFF THE RECORD) Chairman Regalado: Yes, absolutely. Elaine Buza: If I could make one comment -- Chairman Regalado: Your name? Ms. Buza: Elaine Buza, Telecommunications Administrator. The document that you have before you reflects the complaints received and processed by my office. If there were other complaints that didn't make their way to my office, then they wouldn't be in these statistics. Chairman Regalado: OK. Are you aware that some people are complaining that Net 9 is not under the Broadband. Ms. Buza: To date, I have not heard that complaint but we'll be glad to look into it. Chairman Regalado: What are you going to do about it? Ms. Buza: Well, we're going to look into it and fix it. Commissioner Regalado: How do you fix it? Ms. Buza: We'll work with AT&T to ensure that this doesn't happen, but I have not received one complaint to that effect, but -- Commissioner Teele: Wait. Hold it. Hold it. Did you hear the Chairman just read into the record that he got a complaint from District 49 Ms. Buza: (INAUDIBLE) we'll look into it. Commissioner Teele: So you do know of one complaint. Ms. Buza: That's true. You're right. I stand corrected. Commissioner Teele: So, Mr. Chairman, I would recommend that you give her the address, and then, at two o'clock, we get a report back. And let them go there and let's see if that's at least the beginning of how we begin to fix the problem because this thing just keeps going back and forth. And I want to have confidence in the staff, but I also want to believe that we have a 47 February 14, 2002 0 0 process to oversee what AT&T is representing to us, which is where I think there may be some disconnect. But, Mr. Chairman, if we could, could we go back to the point that the Mayor made? Chairman Regalado: Right. Commissioner Teele: I'm not -- I want to support that but I'm not clear -- if they give us -- if we take the fine money from them, we can use that money any way we see fit, once it comes into the general fund. But it seems to me that the greater opportunity for both what the Mayor wants to do and what AT&T wants to do is to voluntarily proffer some substantial amount greater than the fines that have been collected -- I'm trying to help you and I hope -- Chairman Regalado: No, no. Commissioner Teele: It seems to me that the way out of this box -- in other words, nobody wants to say that you were fined in Miami when you're applying for a new license in some new city. And you know how your competitors are going to say, "Oh, they were fined in" -- it would seem to me that you would look at what the potential fines are, go to your foundation or your corporate and say, what we'd like to do is make a corporate in-kind contribution or a foundation support for a cleanup campaign volunteer proffer. And, obviously, we would all hear that. And the Mayor would then probably come back and say, "Well, I think we should reassess how we do anything relating to the fines." I mean, it's all got to be transparent. It's all got to be out in the open, but I have no desire to vote to fine AT&T. On the other hand, I have an obligation to ensure that you live up to the contract. And if there was some -- I hope that gets to where the Mayor was -- Chairman Regalado: Commissioner, if I may. There is -- the policy set by this Commission of doing something in lieu of fines still stand. There's no vote whatsoever regarding fining AT&T. However, I would like later on or now to request the support of the Commission to do a survey. The survey, it's important because it will give us a citywide perspective of -- I need Commissioner Gonzalez, please, Sylvia. No. Could you get Commissioner Gonzalez? We need him right away because there is no quorum. Mr. Leibowitz: Mr. Chairman, while we're waiting, I would suggest -- Chairman Regalado: No, we cannot. Oh, he's still here. OK. Go ahead. Mr. Leibowitz: There is precedent for accomplishing exactly what the Mayor -- Chairman Regalado: Now, he left. Now, he's here. OK. Go ahead. Mr. Leibowitz: There is precedent for precisely what the Mayor and yourself and Commissioner Teele have been talking about in the renewal process. As you recall, there were "fines for prior sins," but there was also a corporate donation that Commissioner Plummer was able to achieve for Bayside, the amphitheater, through an AT&T Broadband support. So we have the precedent. Generally, we have the specific precedent with AT&T and with the direction of this Commission 48 February 14, 2002 0 • and the Mayor, we'll pursue that. In terms of today's action, I guess I would ask you to have three separate directives, how you want to structure it in motions. Chairman Regalado: One -- Matthew, I don't know. It seems to me that what Commissioner Teele is saying is that the Mayor needs to come back to us with a specific figure and say, "Look, I've discussed this with AT&T and they are willing to do this kind of contribution in lieu -- Mr. Leibowitz: Right. Chairman Regalado: -- of the fines that we have accumulated." The Mayor needs to know now Mr. Leibowitz: How much. Chairman Regalado: -- the amount. Mr. Leibowitz: Right, Chairman Regalado: I think we're running -- as of now, four hundred thousand, something like that. As of December 15'x', we were three hundred and twenty thousand or something like that. Mr. Leibowitz: Yeah. The operative thought is that it's going to take them a full year to complete the process -- Chairman Regalado: No, I understand. So -- Mr. Leibowitz: -- which will be about -- almost seven hundred and fifty thousand dollars ($750,000), is the number that AT&T and I have been using generically in this discussion. Chairman Regalado: So, today, we won't be able to vote, but if you all want to vote on the concept that the Mayor -- that's fine. But if he wants to come back with a figure and say, "I've discussed this" and propose to the Commission, it's fine, too. What we need to vote today, I think, is two things. Your request that the City Attorney and the office of Telecommunications will decide if they can send the letter of noncompliance. Mr. Leibowitz: Correct. And authorize -- Chairman Regalado: That's one. Mr. Leibowitz: -- the Manager to sign that letter. Chairman Regalado: That's one. And the second one is the survey. Mr. Leibowitz: Correct. 49 February 14, 2002 0 i Chairman Regalado: Authorize the Manager to go out and sole source or bid, or whatever the Manager wants to do, for a survey of services. Mr. Leibowitz: Correct. Chairman Regalado: And also, services and sensitivity to all the communities. Mr. Leibowitz: Correct. Chairman Regalado: Is that a nice word? Mr. Leibowitz: That's a perfect word. Chairman Regalado: OK. You know what that means, Susan? OIC. So -- Mr. Leibowitz: And I would just add one thing is, the third, I presume, would be maintaining; the prior directive that we independently pursue the instruction? Chairman Regalado: Yes, of course. Of course. Mr. Leibowitz: So we have three courses of action that we're -- that you're recommending today. Commissioner Teele: And a fourth course, which the Mayor has proposed, but I don't think we should take -- unless you have different legal advice -- I don't think we should take a formal vote on that because I would rather the Mayor get the signal that we're talking and he talks to AT&T and they sort of, voluntarily, proffer something, as opposed to us mandating or saying we'll take a quid pro quo on something, because I'm not sure what all of the implications -- I'd much rather give the Mayor this broad carte blanche authority, in principle, to come back to us at his time with a voluntary proffer from AT&T. Mr, Leibowitz: Yeah. My mandate of that segment is merely to estimate the types of dollars that would be generated by virtue of these failures, and then provide that to the Mayor's office with any other data that the Mayor might need for malting that recommendation. Commissioner Teele: Mr. Chairman, I would therefore, pursuant to this discussion, move that AT&T, regrettably, with great reluctance, be found in -- Chairman Regalado: You cannot do that. Commissioner Teele: What's the term? Chairman Regalado: No. You cannot do that. Mr. Leibowitz: No. What I would ask is that the Commission authorize the City Attorney's Office, Elaine's office, to investigate as to whether we have the minimum quantity of evidence 50 February 14, 2002 necessary to issue those additional notices of noncompliance. And if we do, authorize the Manager to sign and issue those letters. Commissioner Teele: I would so move, Mr. Chairman. Chairman Regalado: And amend them to that so we can get it out of the way, the survey to authorize -- Commissioner Teele: (INAUDIBLE) second. Mr. Leibowitz: Second the motion. Chairman Regalado: OK. Commissioner Teele: I would so move, Mr. Chairman. Vice Chairman Winton: Second. Chairman Regalado: There's a motion and a second. All in favor say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 02-157 A MOTION DIRECTING THE CITY MANAGER AND THE CITY ATTORNEY TO INVESTIGATE COMPLAINTS RECEIVED FROM CITY RESIDENTS IN CONNECTION WITH CABLE SERVICE PROVIDED BY AT&T BROADBAND AND, IF AT&T IS DETERMINED TO BE IN NON COMPLIANCE, THE MANAGER IS DIRECTED TO NOTIFY AT&T OF SAME. Upon being seconded by Vice Chainnan Winton, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 51 February 14, 2002 • 0 Chairman Regalado: Now, if -- would you -- Commissioner Toole: I would move that the Manager be authorized to declare an emergency, if he so chooses, and to move immediately for the procurement of an entity to provide the service -- the survey services, pursuant to the discussion regarding the AT&T Broadband contract. Commissioner Gonzalez: Second. Chairman Regalado: It's been moved and second. All in favor say "aye." Chairman Regalado: It passes. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 02-158 A MOTION AUTHORIZING THE CITY MANAGER TO DECLARE AN EMERGENCY, IF NECESSARY, AND IMMEDIATELY PROCEED TO ENGAGE A FIRM TO CONDUCT A CITYWIDE SURVEY OF CABLE TELEVISION SERVICES AND AT&T'S SENSITIVITY TO THE COMMUNITY. 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 Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Chairman Regalado: Mr. Mayor, when do you want to come back and tell the Commission about your talks and the amount? Mayor Diaz: I would like to come back at your first meeting in March. That's about -- Chairman Regalado: OK. Mayor Diaz: -- I know from our side of things, we'll be ready by then. So it's just a function of us working it out. 52 February 14, 2002 0 • Chairman Regalado: It would be on the agenda, Mr. Manager. It would be on the agenda for March 7, however, you don't -- we won't have ready the survey but we need on the March 7, we need the projections -- the first projections of the survey. It's very easy what -- you know, everybody knows what is a survey. You do a sampling. You bring it on March the 7. The company that you hire could provide us with a small sampling of the five districts of the City of Miami on March the 7 -- before March the 7, by the way, and then, in the following 30 days, we can have the whole City surveyed. Mayor Diaz: Mr. Chairman, would the next meeting be the 14t"? Chairman Regalado: No, the 7"i. The 7"' Mayor Diaz: No, no. I'm sorry. After the 7t" Commissioner Teele: The 14"'. Commissioner Gonzalez: Fourteenth, Mayor Diaz: Can we change that to the 14`1'9 Chairman Regalado: Yes, we can, of course. But still, we need -- on the 7t11, we need on the 7'� the sampling of the survey. Mr. Gimenez: Yes, sir. Commissioner Teele: Mr. Chairman, I would like to get a written report this afternoon before we leave regarding the matter that you've read into the record from the person in District 4 that does not have -- Chairman Regalado: Net 9. Commissioner Teele: -- Net 9. I mean, I'd like to pin down -- our staff is saying they've not heard of this. I'd like to pin down whether or not we've got some of that. And, obviously, the survey should also specifically include that -- Chairman Regalado: Oh, absolutely. Commissioner Teele: -- as a component. Chairman Regalado: Absolutely. That's why I include the sensitivity part. It's about all communities and we know what we're talking about. Thank you very much. Thank you, Mr. Mayor. Thank you, Matthew. Thank you, Susan. 53 February 14, 2002 10. REFER TO MIAMI STREET CODESIGNATION REVIEW COMMITTEE, WITH POSITIVE RECOMMENDATION, PROPOSED CODESIGNATION OF NORTHEAST 21' STREET FROM BISCAYNE BOULEVARD TO BISCAYNE BAY TO MONSIGNOR BRYAN O. WALSH BOULEVARD. Chairman Regalado: And we go back to District 1. No. Mr. Mayor, we have here some of your items. We have deferred Item A, Item B. We have Item C, a discussion concerning changing the name of Northeast 21" Street from Biscayne Boulevard to Biscayne Bay Monsignor Bryan O. Walsh Boulevard. This is an -- (COMMENTS OFF THE RECORD) Chairman Regalado: Yes, sir. This is an item brought in the Mayor blue page. Do I have a motion to send this to the Street -- Commissioner Gonzdlez: Move. Chairman Regalado: -- Codesignation? It's been moved and second. All in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Gonzdlez, who moved its adoption: MOTION NO. 02-159 A MOTION TO REFER TO THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE, WITH A POSITIVE RECOMMENDATION, PROPOSED CODESIGNATION OF NORTHEAST 21"' STREET FROM BISCAYNE BOULEVARD TO BISCAYNE BAY TO MONSIGNOR BRYAN O. WALSH BOULEVARD. 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 Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 54 February 14, 2002 0 i 11. APPROVE CITY'S CO-SPONSORSHIP OF 6 T ANNUAL HAITIAN MUSIC AND ENTERTAINMENT AWARDS, PRESENTED BY LA REINS ENTERTAINMENT, TO BE HELD ON MARCH 30, 2002, AT MIAMI ARENA; AUTHORIZE CONTRIBUTION OF $15,000; ALLOCATE FUNDS FROM SPECIAL EVENTS ACCOUNT. Chairman Regalado: We have Item D of the Mayor approving the City's co-sponsorship of the 6"' Annual Haitian Music and Entertainment Awards. Do I have a motion? Commissioner Teele: So moved. Chairman Regalado: It's been moved. Commissioner Gonzalez: Second. Chairman Regalado: It's been second. All in favor say "aye." Commissioner Teele: Hold on just one minute. Chairman Regalado: Yes, sir. Commissioner Teele: Commissioner Winton, I don't want to do anything here that -- you know, last time we -- you pulled a pistol on me almost at the end of the -- Vice Chairman Winton: Where are we? Commissioner Teele: We're on the Mayor's Item D, which is something that I've been supporting, but I didn't want, again, to catch you by surprise on this. Item D on the Mayor's blue pages. Chairman Regalado: We discussed this yesterday in Miami Sports and Exhibition Authority and Commissioner Teele: What's the balance -- see, the problem that we got -- and just so that we're all on line -- the problem that we've got is that -- in December, we exhausted -- and you had some concerns. We attempted to restore that. I don't know if you've gotten everything on the table that you wanted to get on the table. But I want to -- I mean, this is under the Mayor's sponsorship but I want to be very fair because we got to work together. Vice Chairman Winton: I think at the time we did but it was clear to me, even back when we were talking about it, that there were going to be things like this coming up throughout the year. Whatever we talked about then, that's all we happened to be thinking about at the time but there's going to be more and it gets us right back to this whole issue over the fact that we simply don't have a clear policy, nor a clear budget, in some way or another -- and 1 think it's up to us. We need to figure out, maybe the Manager can help us figure it out, but some way or another, we have to develop a clear policy about all of these kinds of things with a budget tied to it and some sort of standard. Failure to do that simply means that every time one of these requests come up, 55 February 14, 2002 0 • we have to say -- because we've already said yes to so many, we have to say yes, because we've opened the floodgates and we don't have any rationale for saying no, except you finally say, "Well, jeez, are we out of money yet? No, the City's not broke yet. So, as long as the City's not broke, we ought to have some more money. And I think that's just not a great way to carry out this whole business of figuring out who we're sponsoring and not sponsoring, and who gets fees waived and who doesn't get fees waived, and who pays for police protection, who doesn't and that whole issue. Commissioner Teele: And, Mr. Chairman -- Vice Chairman Winton: Very confusing to me. Commissioner Teele: In response, I just wanted to put on the record this will be the first time this event will be held in the City of Miami. It's been held in North Miami in the past and it represents, I think, a part of what both the Mayor is trying to do and I'm trying to do, and that is to make our community inclusive. It involves the -- reaching out into the Haitian community for a music entertainment awards, which is much like awards that we see on television that honor musical success nationwide. This is a nationwide. There'll be more people here receiving awards probably from New York, Philadelphia and Washington than from Miami. So it represents that but it just opens the debate -- and I'm malting this because the Mayor is here and the Budget Director is here. Because one of the things, Johnny, we've got to do is we've got to open up the police budget, the largest budget in the City of Miami -- it is the police budget, isn't it? Bigger than the Fire? Carlos Gimenez (City Manager): Yes, sir. Commissioner Teele: Almost twice -- it's about a hundred and forty, a hundred and fifty fully loaded. What's the fully loaded budget? Linda Haskins: Linda Haskins, Director of Management and Budget. About a hundred and fifty-seven million fully loaded. Commissioner Teele: Fully loaded. We've got to figure out a way to open up the police budget and to build in that budget special event activities that are supported by this Commission. It doesn't make sense every time there's something positive we want to do to build this City image that we have to come down here and make the City Commission and the Mayor look like we're giving away something when, in fact, what we're really doing is we're providing a positive opportunity for the positive citizens, not the criminals, but the positive citizens to take advantage of our Police Department. We don't need to open up the budget one dollar ($1) if we want to go out and do a sting on prostitutes tonight. That just happens in the normal course of activity. Or if we want to do a DWI (Driving While Intoxicated) traps, that just happens. But anything positive we want to do with the Police Department, we've got to come get permission. And it's something about the psychology of how we've approached this thing over the last 10 years that's wrong. We need to have -- in that hundred and fifty million dollar ($150,000,000) police account -- a special events line item budget that the Manager can approve or the Commission can recommend to the Manager that says here are some events in our budget -- at the beginning of 56 February 14, 2002 the year, Johnny. It doesn't make sense for the Martin Luther King Parade every year to have to come in here and beg for twelve thousand dollars ($12,000) or twenty thousand dollars ($20,000) of police activity. It doesn't make sense for the Roots and Culture Festival in Little Haiti to have to ask for money for Police support and Fire support. It doesn't make money for the various activities, the Puerto Rican Festival and the various things -- we need to have a budget that includes, as a part of the Police and Fire budget, some of the positive things that we're trying to do. And this is where I think the 9111 has helped you, Johnny, in terms of us coming a little closer together on this because we realize that the image of the City of Miami is very much the economic base of our City. And so, when 9111 occurred and our hotels were down, et cetera -- Vice Chairman Winton: (INAUDIBLE) Commissioner Teele: Exactly. So I think the problem, Johnny, that we continue to get to is that fifteen thousand dollars ($15,000) -- OK, we got the same issue with various other projects. A substantial part of that is going to go to the Police and Fire budget and the director of Conventions and -- Mr. Gimenez: Public Facilities. Commissioner Teele: -- Public Facilities is the custodian of that account. But I want to be very clear on the record. Is not the vast majority of this special events account used to pay City of Miami Police and Fire, Madam Director? Mr. Gimenez: Yes, sir. Commissioner Teele: So, it gives the public an image that we're giving somebody fifteen thousand dollars ($15,000) to go out and dah, dah, dah, dah, dah -- Vice Chairman Winton: When, in fact, we're only taking money from the general fund and giving it to a special department. Commissioner Teele, When, in fact, what we're doing is taking money from the general fund and paying Police and Fire services, in large measure, for the kinds of things that are not budgeted in their departmental budget. The beneficiary or the people who get the actual dollars in the case of special events -- and correct me if I'm wrong, Madam Special Events Director -- but the vast majority -- how much money did we have last year in that account? Christina Abrams (Director of Conferences, Conventions and Public Facilities): Two hundred thousand dollars ($200,000), if I'm not mistaken. Commissioner Teele: And of that two hundred thousand dollars ($200,000), what percentage of it went to Police and Fire? It was three hundred thousand. Ms. Abrams: Excuse me, three hundred thousand. 57 February 14, 2002 Vice Chairman Winton: By the way, Commissioner, could I interrupt you for one second? And, Chief Martinez, what -- this dialogue up here is absolutely not a criticism of you or your department or Police Department. This kind of a policy issue is in terms of how we move money around. That's all this is. Chief Raul Martinez (Chief of Police): No, I understand, Commissioner. Raul Martinez, Chief of Police. I just want to clarify one thing. The money doesn't come into the Police Department. The money goes to pay additional officers to provide security for the event. So it never makes it into our hands. The officers get paid the off-duty rate or the time and a half rate because it's difficult to have 300 officers available for the Orange Bowl Parade. It's difficult to have 200 plus officers available for the Calle Ocho Festival. You know, a hundred officers available for Martin Luther King, and be able to provide all the other police services that this community provides at the same time. Commissioner Teele: I think Commissioner Winton said it best. This is not a criticism of you -- Chief Martinez: I agree, sir. Commissioner Teele: -- because I take exception with what you just said. This is not a criticism of you or the department. But the fact of the matter is, the vast majority of these dollars go to pay police officers and firefighters. And the reason I take exception is, I proposed at one point well, why don't we just go out and hire Wackenhut guards or why don't we just go hire Florida Power and Light -- I mean, Florida Highway Patrol? And the union and the people in the department and the major in charge said, "You can't do that. It's got to come through the Police Department." So, I mean, I hear both sides of what you're saying but you can't have it both ways. It would be totally true if this were an account and we could go out and hire Wackenhut or we could go out and hire Burns or we could go out and hire Florida Highway Patrol or Opa Locka or Hialeah. In fact, when Raul Martinez volunteered police to come in here and help us with the Haitian Roots and Culture last year, there was some objection to bringing in. police from outside, as well as the Highway Patrol. So, the point I'm making is this, this is a police function. Now it may not be a Police Department function but it's a police function in accordance with our agreement, And I think it's very helpful for the Mayor -- because it's taken me four years, literally, to figure this part out, is that all this money -- a lot of this money that we're moving around doesn't go, per se, to these organizations, It goes to pay our City of Miami police and fire officers. And what I'm suggesting is that as we look at how we construct our budget in the future, we ought to look at, perhaps, putting it in an account. Let me just make it -- go a step further. It's even worse than that, Mr. Mayor. Because once we do it this way, we have to pay time and a half. Unidentified Speaker: Correct, Mayor Manny Diaz: It's more expensive. Commissioner Teele: So if -- once we pay it through the special events account, under the way the collective bargaining process and the way it has been applied in the past, we pay time and a half. If we do it through another account, it's straight time; that is, if it is done directly through 58 February 14, 2002 the department, because now it's a question of scheduling and the things that the Chief said, which is what it's not right now, Chief Martinez: No. Connnissioner, let me correct it. You're partly right. If the City makes the officers work and the City pays them directly, by law, you got to pay time and a half. Sometimes in the special events funds, you give the money away to MSEA (Miami Sports and Exhibition Authority) or to the Martin Luther King Festival, and they hire the officers at the off-duty rate and they save dramatically more because it's cheaper, you know. If the officer work as time and a half (INAUDIBLE) off-duty -- Commissioner Teele: Yeah. That's true but not from -- and I went through this with your people because I -- you know, I was on the hook for ninety thousand dollars ($90,000) last year. If it goes through the special events account, Chief, it's time and a half. Chief Martinez: No, sir. I mean, I'm sorry. Because -- and maybe I'm mistaken. Commissioner Teele: No, no. Let the director just -- if it goes through that account and it is to that organization, if you take it to a third organization -- remember, last year we took it to Dr. Pierre's organization and were able to avoid the time and a half. Ms. Abrams: Right. If we're giving the funds to the organization directly and they pay for the services, they don't pay time and a half. They pay the oft -duty rate. Do you want to add to that? Unidentified Speaker: That applies only to Police Department. Fire Department, I believe, it always is time and a half. Commissioner Teele: So, I mean, this is a little bit more, Mr. Mayor, than you may have bargained for but I want you to understand the frustration that Commissioners Winton and myself have been -- and we've not been in agreement on this thing for two or three years because it is so painful -- Vice Chairman Winton: Only two. Commissioner Teele: Two. It's so painful to see -- Vice Chairman Winton: But, as you said, we're getting closer. Commissioner Teele: Yeah. Chairman Regalado: OK. Mr. Mayor. Mayor Diaz: I just -- I want to say two things. One, on the specific item on the agenda, I support you, Commissioner, on this. I think, as you pointed out, this is an event that is coming into the City of Miami instead of going the other way. I know that my colleague and good friend Mayor Celestin from North Miami will probably be upset with me, but I think that this is something that will be wonderful for the City of Miami because, as you also indicated, there will 59 February 14, 2002 0 0 be artists and tourists will be flocking from not just all parts of this country but also, we understand, from Paris and the Caribbean and elsewhere. So I urge -- I stand here in support of Commissioner Teele's comments and that direction. With respect to the rest of the discussion, which I appreciate the education, believe me, I do believe that those are important policy types of decisions. And, as I've indicated to all of you individually in our discussions this week, you all know that Ms. Haskins will be shortly working in the Mayor's Office and I think that those are precisely the kinds of long-term policy types of issues that we need to look at. And we're all going to be working together in those efforts. Chairman Regalado: Thank you, Mr. Mayor. There is a motion and a second. All in favor say aye. The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 02-160 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE CITY'S CO-SPONSORSHIP OF THE 6""' ANNUAL HAITIAN MUSIC AND ENTERTAINMENT AWARDS, PRESENTED BY LA REINE ENTERTAINMENT ("ORGANIZER"), TO BE HELD ON MARCH 30, 2002, AT THE MIAMI ARENA PROVIDED THAT THE ORGANIZER: (1) OBTAIN ALL PERMITS REQUIRED BY LAW; (2) PAY FOR ALL OTHER CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (3) OBTAIN INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR DESIGNEE; AND (4) COMPLY WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR DESIGNEE; AUTHORIZING A CONTRIBUTION IN AN AMOUNT NOT TO EXCEED $15,000; ALLOCATING FUNDS FROM THE SPECIAL EVENTS ACCOUNT. (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 Arthur E. Teele, Jr. NAYS: None, ABSENT: Commissioner Joe Sanchez 60 February 14, 2002 0 i 12. AUTHORIZE DIRECTOR OF FINANCE TO PAY AS SETTLEMENT TO PLAINTIFFS, LYNN RUNNELS AND PERRY RUNNELS, SUM OF $1,250,000 IN FULL SETTLEMENT OF ALL CLAIMS AND DEMANDS AGAINST CITY FOR CASE OF LYNN RUNNELS AND PERRY RUNNELS AS CO -PERSONAL REPRESENTATIVES OF ESTATE OF JESSE STUART RUNNELS ETC. ET AL. VS. CITY AND ALEJANDRO MACIAS; ALLOCATE FUNDS FROM SELF-INSURANCE AND INSURANCE TRUST FUND. Chairman Regalado: OK. We -- we'll do the other blue pages items because we need to do here -- we have attorney's Item 12-A. Item 12-A is the Runnels settlement. Mr. -- Madam City Attorney. 12-A, the Runnels settlement. Mr. City Attorney, go ahead, sir. Alejandro Vilarello (City Attorney): Commissioners, this is Item 12-A regarding the settlement of a lawsuit involving Jesse Runnels and the City of Miami. As you recall, we are represented by -- the City's represented by outside counsel, in this case, Mr. Fertig and Ms. Brown from Ackerman Senterfitt are here and will do the presentation. Mike Fertig: Commissioners, Mike Fertig, Nina Brown, One Southeast Third Avenue, Miami. We're here to present to the Commission a proposal for settlement of the case of Runnels versus the City of Miami. This case is currently scheduled for trial on March 18t" before Judge King in federal court. We have had some meetings pursuant to the resolution that was passed by the City Commission on January 10`x' of this year, requesting that we go out and see whether we could come back with a number that we could recommend to the Commission for a settlement in this case. We have, in fact, made such a recommendation. We recommend that the case be resolved for a total amount of one point two five million dollars ($1,250,000). It'll be seven hundred and fifty thousand dollars ($750,000) paid this year, two hundred fifty thousand dollars ($250,000) paid the next year and two hundred and fifty thousand dollars ($250,000) paid the year after. There were certain procedural and evidentiary problers the City had with regard to the case, including the fact that the federal court had indicated that this case was, in fact, going to go to trial in March. One continuance had been granted and the court had advised that no further continuance would be granted. Many of the City witnesses were not available to testify and most of the physical evidence is currently in possession of the U.S. (United States) Attorney's Office. This obviously would undercut the City's ability to mouth effective defense to this case. Based upon these facts and circumstances, the problems faced, we believe that this settlement is in the best interest of the City and the settlement is obviously in the City's best interest. Chairman Regalado: OK. Is there a motion? Vice Chainnan Winton: Motion to approve the -- Commissioner Gonzalez: I second the motion. Vice Chairman Winton: -- recommendation for settlement. Chairman Regalado: It's a motion and a second. Do we have any discussion? This is a public hearing. OK. All in favor say "aye." 61 February 14, 2002 The Commission (Collectively): Aye. Chairman Regalado: It passes. The following resolution was introduced by Vice Chairman Winton, who moved its adoption: RESOLUTION NO. 02-161 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY AS SETTLEMENT TO PLAINTIFFS, LYNN RUNNELS AND PERRY RUNNELS, AS CO -PERSONAL REPRESENTATIVES OF THE ESTATE OF JESSE STUART RUNNELS, DECEASED, ETC. ET AL., WITHOUT ADMISSION OF LIABILITY, THE SUM OF $1,250,000 (THE "SETTLEMENT") TO BE PAID AS FOLLOWS: A FIRST PAYMENT OF $750,000, A SECOND PAYMENT OF $250,000 ONE YEAR AFTER THE FIRST PAYMENT, AND A THIRD PAYMENT OF $250,000 AS A FULL AND FINAL PAYMENT ONE YEAR AFTER THE SECOND PAYMENT FOR A TOTAL AMOUNT NOT TO EXCEED $1,250,000, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, INCLUDING, BUT NOT LIMITED TO ALEJANDRO MACIAS, FOR THE CASE OF LYNN RUNNELS AND PERRY RUNNELS AS CO -PERSONAL REPRESENTATIVES OF THE ESTATE OF JESSE STUART RUNNELS ETC. ET AL. VS. TIIE CITY OF MIAMI AND ALEJANDRO MACIAS, FILED IN THE UNITED STATES DISTRICT COURT, CASE NO. 00 -2930 -CIV -KING, UPON THE EXECUTION OF A GENERAL RELEASE RELEASING THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515 001.624401.6.652. (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 Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 62 February 14, 2002 0 • Commissioner Gonzdlez: I believe, Mr. Chairman, that it is important that we put on the record that the attorneys representing the City have done a great job but their hands, to a certain extent, have been tied due to the fact that they could not use, as they expressed, some of the witness that could corroborate on the side of the City of Miami. So -- Chairman Rcgalado: Yes, sir. Commissioner Gonzalez: And that is a reason for the public, that we are -- we had to settle this case. Chairman Regalado: It's already on the record. Yes, sir. Commissioner Gonzdlez: Thank you. Mr. 1~ertig: Thank you, Commissioner. 63 February 14, 2002 0 0 13. RATIFY, APPROVE, AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND AUTHORIZE LEASING OF ONE 2002 BUICK PARK AVENUE VEHICLE FOR USE BY COMMISSIONER ARTHUR E. TEELE, JR. FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION FROM WILLIAM LEHMAN LEASING FOR TWENTY-FOUR MONTHS (12,000 MILES PER YEAR), $17,500.80. Chairman Regalado: I need to -- let's go backwards a little. I need a motion for Item 12. It's a resolution. And then we'll do some of -- get some of these resolutions out of the way for the afternoon session that will be very -- Vice Chairman Winton: So moved. Chairman Regalado: -- very difficult. It's been moved. Do I have a second? Second by -- Commissioner Gonzalez: Second. Chairman Regalado: -- Commissioner Gonzalez. All in favor say "aye." The Commission (Collectively): Aye. Chairman Regalado: Item 12 passes. The following resolution was introduced by Vice Chairman Winton, who moved its adoption: RESOLUTION NO. 02-162 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (415"r's) AFFIRMATIVE VOTE, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND AUTHORIZING THE LEASING OF ONE 2002 BUICK PARK AVENUE VEHICLE FOR USE BY COMMISSIONER ARTHUR E. TEELE, JR. FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION FROM WILLIAM LEHMAN LEASING FOR A PERIOD OF TWENTY-FOUR MONTHS (12,000 MILES PER YEAR), IN AN AMOUNT NOT TO EXCEED $17,500.80; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 001000.210701.6.10. 64 February 14, 2002 E 0 (Here follows body of resolution, ornitted 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 Arthur E. Teele, Jr. NAYS; None. ABSENT: Commissioner Joe Sanchez 65 February 14, 2002 0 0 14. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVE RENTAL OF THREE SLEEPER CAB TRACTORS FOR DEPARTMENT OF FIRE -RESCUE FROM RYDER TRANSPORTATION SERVICES, $6,376.04; ALLOCATE FUNDS FROM URBAN SEARCH AND RESCUE DEPLOYMENT ACCOUNT (sEE #23) Chairman Regalado: Item 11, a four-fifths vote. Commissioner Teele's requires a four-fifths vote, too. It's a -- Vice Chairman Winton: So moved. Chairman Regalado: -- the City Manager finding. It's a motion. Commissioner Gonzalez: Second. Chairman Regalado: It's been moved. 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. 02-1.63 A MOTION RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE RENTAL OF THREE SLEEPER CAB TRACTORS FOR THE DEPARTMENT OF FIRE -RESCUE FROM RYDER TRANSPORTATION SERVICES, IN AN AMOUNT NOT TO EXCEED $6,376.04; ALLOCATING FUNDS FROM THE URBAN SEARCH AND RESCUE DEPLOYMENT ACCOUNT CODE NO. 110095.280906.6.340. 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 Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 66 February 14, 2002 • 15. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVE ACQUISITION OF MOTOR COACH SERVICES FOR DEPARTMENT OF FIRE - RESCUE FROM QUALITY TRANSPORT SERVICES, INC., $25,200; ALLOCATE FUNDS FROM URBAN SEARCH AND RESCUE DEPLOYMENT ACCOUNT, Chairman Regalado: Item 10, from the Fire Rescue Department, four -Fifths vote. It's a resolution. Vice Chairman Winton: So moved. Commissioner Gonzdlez: Second. Chairman Regalado: It has been moved and second. All in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Vice Chairman Winton, who moved its adoption: RESOLUTION NO. 02-164 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 APPROVING THE ACQUISITION OF MOTOR COACH SERVICES FOR THE DEPARTMENT OF FIRE -RESCUE FROM QUALITY TRANSPORT SERVICES, INC., IN AN AMOUNT NOT TO EXCEED $25,200; ALLOCATING FUNDS THEREOF FROM THE URBAN SEARCH AND RESCUE DEPLOYMENT ACCOUNT CODE NO. 110095.280906.6.340. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzdlez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Chairman Regalado: Commissioner Teele -- show Commissioner Teele is voting "yes." 67 February 14, 2002 0 16. FIRST READING ORDINANCE: AMEND SECTIONS 2-886, 12.5-30, 38-233, 40-193, AND 40-243 OF CITY CODE TO WAIVE REQUIREMENTS FOR INDIVIDUALS WHO ARE MEMBERS OF CITY BOARDS AND WHO ARE RESERVISTS IN UNITED STATES ARMED FORCES OR MEMBERS OF FLORIDA NATIONAL GUARD, AND HAVE BEEN ORDERED TO ACTIVE MILITARY DUTY FOR NATIONAL, STATE, OR HOMELAND DEFENSE, OR EMPLOYEES OF AGENCIES WHOSE SERVICES ARE CONSIDERED ESSENTIAL FOR NATIONAL, STATE, OR HOMELAND DEFENSE AND CANNOT ATTEND BOARD MEETINGS. Chairman Regalado: Item 9 is a first reading ordinance. Vice Chairman Winton: So moved. Chairman Regalado: It's been moved and -- Commissioner Gonzalez: Second. Chairman Regalado: -- and second. City Attorney, read the ordinance. OIC. This is a public hearing. Anybody from the public'? No one shows, so we close the public hearing. Madam City Clerk, call the roll. 68 February 14, 2002 P J An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTERS 2, 12.5 38 AND 40 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO WAIVE THE REQUIREMENTS FOR THOSE INDIVIDUALS WHO ARE MEMBERS OF CITY BOARDS AND WHO ARE (2) RESERVISTS 1N THE UNITED STATES ARMED FORCES OR MEMBERS OF THE FLORIDA NATIONAL GUARD, AND HAVE BEEN ORDERED TO ACTIVE MILITARY DUTY FOR NATIONAL, STATE, OR HOMELAND DEFENSE AND DUE TO SUCH DUTY CANNOT ATTEND BOARD MEETINGS, OR (2) EMPLOYEES OF AGENCIES WHOSE SERVICES ARE CONSIDERED ESSENTIAL FOR NATIONAL, STATE, OR HOMELAND DEFENSE AND DUE TO SUCH SERVICES CANNOT ATTEND BOARD MEETINGS; MORE PARTICULARLY BY AMENDING SECTIONS 2-886, 12.5-30, 38-233, 40-193, AND 40-243 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 Gonzalez, and was passed on first reading, by title only, by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzdlez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez The ordinance was read by title into the public record by the City Attorney. 69 February 14, 2002 17. SECOND READING ORDINANCE: AMEND SECTIONS 2-358, 53-1, 53-151, 53-152, 53-153, 53-154 AND 54-341 OF CITY CODE TO CHANGE NAME OF COCONUT GROVE CONVENTION CENTER TO COCONUT GROVE EXPO CENTER, Chairman Regalado: Number 8, second reading ordinance. The name of the Coconut Grove Convention Center -- Vice Chairman Winton: So moved. Chairman Regalado: It's been moved by Vice Chair Winton. Commissioner Gonzalez: Second. Chairman Regalado: Second by Commissioner Gonzdlez, and read the ordinance. Madam City Cleric, An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTERS 2, 53 AND 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO CHANGE THE NAME OF THE COCONUT GROVE CONVENTION CENTER TO THE COCONUT GROVE EXPO CENTER; MORE PARTICULARLY BY AMENDING SECTIONS 2-358,53-1, 53-151, 53-152, 53-153, 53-154 AND 54-341 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was passed on its first reading, by title, at the meeting of January 24, 2002, 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 Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner ,Toe Sanchez SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12184 The ordinance was read by title into the public record by the City Attorney. 70 February 14, 2002 0 0 18. SECOND READING ORDINANCE: AMEND SECTION 40-255 OF CITY CODE ENTITLED "PERSONNELIPENSION AND RETIREMENT PLANICITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST", BY RENUMBERING RETIREMENT OPTIONAL ALLOWANCES FOR IDENTIFICATION PURPOSES. Chairman Regalado: Item 6, second reading ordinance. Vice Chairman Winton: Did we do 7? Chairman Regalado: No, we haven't. Oh, I'm sorry. Yeah. Let's do 7. I'm going backwards to see -- Vice Chairman Winton: Right. Chairman Regalado: -- how much we can accomplish. Vice Chairman Winton: I like the idea. So moved on 7. Chairman Regalado: Number 7, second reading ordinance. It's been moved. Commissioner Gonzalez: Second. Chairman Regalado: Second. Read the ordinance. OK. It's been moved and second. Madam City Clerk, roll call. 71 February 14, 2002 0 An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40/ARTICLE IVIDIVISION 3 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEL/PENSION AND RETIREMENT PLANICITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST", BY RENUMBERING THE RETIREMENT OPTIONAL ALLOWANCES FOR IDENTIFICATION PURPOSES; MORE PARTICULARLY BY AMENDING SECTION 40-255; 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 January 24, 2002, 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 Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12185 The ordinance was read by title into the public record by the City Attorney. 72 February 14, 2002 0 0 19. SECOND READING ORDINANCE: AMEND SECTION 35-193 OF CITY CODE TO ESTABLISH PARKING RATES AT BOAT TRAILER PARKING LOT AT SEMINOLE BOAT RAMP LOCATED IN KENNETH MYERS PARK AT SOUTHWEST CORNER OF SOUTHWEST 27"' -'AVENUE AND SOUTH BAYSHORE DRIVE IN COCONUT GROVE, Chairman Regalado: Item 6. Vice Chairman Winton: So moved. Chairman Regalado: Second reading ordinance. Vice Chairman Winton: So moved. Commissioner Gonzalez: Second. Chairman Regalado: It's been moved and second. Read the ordinance. Vice Chairman Winton: Mr. Chairman. Chairman Regalado: Yes, sir. Vice Chairman Winton: Sir, did you want to say something about this? OK. Fine. I thought there was somebody that wanted to speak on it. Chairman Regalado: OK. It's a public hearing. Anybody from the public? No one from the public has come forth. It's been moved and second. Madam City Clerk, roll call. 73 February 14, 2002 • An Ordinance Entitled -- 0 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 RAMP LOCATED IN KENNETH MYERS PARK AT THE SOUTHWEST CORNER OF SOUTHWEST 27,11-1 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 passed on its first reading, by title, at the meeting of January 10, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Vice Chainnan 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 Chainnan Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12186 The ordinance was read by title into the public record by the City Attorney. 74 February 14, 2002 0 • 20. (a) EMERGENCY ORDINANCE: AMEND ORDINANCE NO. 12128,13Y CREATING NEW CAPITAL IMPROVEMENT PROJECT AND MODIFYING EXISTING CAPITAL IMPROVEMENT PROJECT FOR RIVER WALK EXTENSIONS AND ACCEPT AND APPROPRIATE $2,160,000, CONSISTING OF TWO GRANTS FROM FLORIDA DEPARTMENT OF TRANSPORTATION. (b) BRIEF COMMENTS ON CONSTRUCTION OF GREENWAYS, Chairman Regalado: Item 5 is an emergency ordinance. It requires a four-fifths vote. Vice Chairman Winton: So moved. Commissioner Teele: Second, Chairman Regalado: It's been moved by Vice Chair Winton, second by Commissioner Teele. Read the ordinance. Alejandro Vilarello (City Attorney): This is an ordinance -- Arleen Weintraub: Excuse me. Mr. Vilarello: I'm sorry. Ms. Weintraub: If I may. Arleen Weintraub, Director of Real Estate and Economic Development. I wanted to add to the record that we're distributing a map that clearly shows the route that I would like to add to the resolution -- to the ordinance in front of you. And then revise that part of it that describes it. Thank you. Chairman Regalado: Why? Ms. Weintraub; So that the record includes the route that's been lengthened. With recent cost estimates, the area near Jose Marti Park has been able to be greatly expanded that you'll see on the map. Vice Chairman Winton: Great. Chairman Regalado: OK. Ms. Weintraub: Thank you. Vice Chairman Winton: We like it. Chairman Regalado: Read the ordinance. OIC. Roll call. Second -- second roll call. 75 February 14, 2002 i An Ordinance Entitled -- AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 12128, AS AMENDED, BY CREATING A NEW CAPITAL IMPROVEMENT PROJECT AND MODIFYING AN EXISTING CAPITAL IMPROVEMENT PROJECT FOR RIVER WALK EXTENSIONS AS DETAILED HEREIN ACCEPTING AND APPROPRIATING FUNDS IN THE AMOUNT OF $2,160,000, CONSISTING OF TWO GRANTS FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY TO ACCEPT THE GRANTS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Vice Chairman Winton and seconded by Commissioner Teele, for adoption as an emergency measure, and dispending 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 Gonzalcz Commissioner Arthur E. Teele, Jr. NAYS; Nona. ABSENT: Commissioner Joe Sanchez Whereupon the Commission on motion of Vice Chairman Winton and seconded by Chairman Teele, adopted said ordinance by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12187 The ordinance was read by title into the public record by the City Attorney. Vice Chairman Winton: Mr. Chairman. 76 February 14, 2002 0 • Chairman Regalado: Yes, sir. Vice Chairman Winton: Ms. Freeman, any idea when we might really start real construction on some of these greenways? Chairman Regalado: Mr. Vice Chair, can I leave now and you'll stay? Vice Chairman Winton: Yes. Chairman Regalado: So we're coming back at two for executive session and then CRA (Community Redevelopment Agency). And then, at four, another executive. Vice Chairman Winton: I'm sorry. What did you say, Mr. Manager? Hold on. Mr. Manager. Carlos Gimenez (City Manager): That's OIC. Just that Items 2 and 3 just need four-fifths. Vice Chairman Winton: Can you stay for one second and let us get 2 and 3 out of the way'? Chairman Regalado: Yeah. Vice Chairman Winton: OK. Luvena Freeman: Quickly. Luvena Freeman, the Trust for Public Land, 7900 Red Road. Currently, we are working on the design and engineering for portions of the greenway, including Jose Marti Park, as well as Lummus Park. And so, we hope to begin digging dirt early next year. Vice Chairman Winton: All right. Ms. Freeman: And Diane has some other information to add regarding Lummus Landing. Commissioner Teele: Well, why don't we -- Vice Chairman Winton: Well, Diane -- yeah. Hold -- Commissioner Teele: Before you give the information, why don't we vote -- Vice Chairman Winton: Right. Commissioner Teele: -- on these things before -- Chairman Regalado: I need to go. Vice Chairman Winton: Yeah. Let's do -- we need to do 2 and 3 and then, Diane, you come back. Chairman Regalado: Roll call. 77 February 14, 2002 0 21. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND ACCEPT BID OF MARIN & MARIN CONSTRUCTION, INC., FOR PROJECT ENTITLED "BAYWOOD PARK SEAWALL IMPROVEMENTS — SECOND BIDDING - B-3277", TOTAL ESTIMATED COST OF $123,896.75; ALLOCATE FUNDS FROM F.E.M.A. AND STATE OF FLORIDA PROJECT, $108,409.75 AND CAPITAL IMPROVEMENT PROJECT $15,487. Commissioner Teele: Move Item Number what? Vice Chairman Winton: Three, I think, isn't it? Mr. Manager? Chairman Regalado: It's been moved. Carlos Gimenez (City Manager): Yeah. Three and then 2. Commissioner Gonzdlez: Second. Chairman Regalado: Did you -- City Attorney, did you read the ordinance, right`? Alejandro Vilarello (City Attorney): Item 3 is not an ordinance. Vice Chairman Winton: It's a resolution. Commissioner Teele: Four-fifths vote. Chairman Regalado: Oh. Vice Chairman Winton: Emergency finding. Chairman Regalado: But it requires four-fifths vote. So, all in favor say "aye." The Commission (Collectively): Aye. 78 February 14, 2002 • • The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 02-165 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTH (4/5""") 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 BID OF MARIN & MARIN CONSTRUCTION, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, DATED OCTOBER 31, 2001, FOR THE PROJECT ENTITLED "BAYWOOD PARK SEAWALL IMPROVEMENTS — SECOND BIDDING - B-3277", 1N THE AMOUNT OF $107,398.75 FOR CONTRACT COSTS AND $16,498 FOR EXPENSES FOR A TOTAL ESTIMATED COST OF $123,896.75; ALLOCATING FUNDS FROM F.E.M.A. AND STATE OF FLORIDA PROJECT NO. 800000 IN THE AMOUNT OF $108,409.75 AND CAPITAL IMPROVEMENT PROJECT NO. 331369 AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCES, AS AMENDED, IN THE AMOUNT OF $15,487. (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 Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 79 February 14, 2002 i 9 22. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND AMEND RESOLUTION NO. 00-655 BY INCREASING CONTRACT WITH CONDO ELECTRIC MOTORS, INC. FOR ACQUISITION OF MAINTENANCE SERVICES FOR FOUR CITY STORMWATER PUMPING STATIONS FOR DEPARTMENT OF PUBLIC WORKS, $13,943.32, FROM $104,840 TO $118,783.32; ALLOCATE FUNDS FROM STORMWATER UTILITY TRUST FUND, Commissioner Teele: Move Item Number 2. Commissioner Gonzalez: Second. Vice Chairman Winton: Second. Chairman Regalado: It's been moved and second. All in favor say "aye." The Commission (Collectively): Aye. Chairman Regalado: It's a four-fifths. The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 02-166 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4/5"") 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 AMENDING RESOLUTION NO. 00-655, ADOPTED JULY 27, 2000, BY INCREASING THE CONTRACT WITH CONDO ELECTRIC MOTORS, INC. FOR THE ACQUISITION OF MAINTENANCE SERVICES FOR FOUR CITY OF MIAMI STORMWATER PUMPING STATIONS FOR THE DEPARTMENT OF PUBLIC WORKS, IN AN AMOUNT NOT TO EXCEED $13,943.32, FROM $104,840 TO $118,783.32 ANNUALLY, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE STORMWATER UTILITY TRUST FUND, ACCOUNT CODE NO. 001000.311002.6.670. 80 February 14, 2002 0 (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 Arthur E. Teele, Jr. NAYS: None, ABSENT: Commissioner Joe Sanchez $1 February 14, 2002 0 23. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVE RENTAL OF THREE SLEEPER CAB TRACTORS FOR DEPARTMENT OF FIRE -RESCUE FROM RYDER TRANSPORTATION SERVICES, $6,376.04; ALLOCATE FUNDS FROM URBAN SEARCH AND RESCUE DEPLOYMENT ACCOUNT (SEE #14). Commissioner Teele: Move Number 11. Chairman Regalado: Item 11 needs also a four -fifth vote. It's a resolution. It's been moved. Do I have a second? Vice Chairman Winton: Second. Chairman Regalado: Second. All in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 02-167 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4/5""") AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING 'THE RENTAL OF THREE SLEEPER CAB TRACTORS FOR THE DEPARTMENT OF FIRE -RESCUE FROM RYDER TRANSPORTATION SERVICES, IN AN AMOUNT NOT TO EXCEED $6,376.04; ALLOCATING FUNDS FROM THE URBAN SEARCH AND RESCUE DEPLOYMENT ACCOUNT CODE NO. 110095.280906.6.340. (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: Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Chairman Tomas Regalado Commissioner Joe Sanchez 82 February 14, 2002 24. DIRECT ADMINISTRATION TO PROVIDE REPORT ON ALL SAFE NEIGHBORHOOD PARKS BOND MONEY RECEIVED AND WHAT PERCENTAGE OF DEVELOPMENT HAS BEEN COMPLETED IN EACH PARK WITH SAID FUNDS; REQUEST REPORT ON COMPREHENSIVE PLAN FOR RIVER. Commissioner Teele: Move Item 12. Chairman Regalado: And Item 12 has been already approved. Carlos Gimenez (City Manager): That one has been passed already, sir. Chairman Regalado: It passed already. So, Mr. Vice Chair, thank you, sir. Vice Chairman Winton: Thank you. We'll see you at two. Commissioner Teele: Mr. Vice Chair, you might want to get that information on the record. Vice Chairman Winton: Yes. Diane. Where did she go? Oh, there she is. Unidentified Speaker: Good morning. Vice Chairman Winton: Good morning. Ms. Diane: Hi. Vice Chairman Winton: It's all yours. Ms. Diane: You had a question about the various River Walk projects. The first one that the City is going to be undertaking, with the support of the Trust and the Miami River Commission, is the Lummus Landing project, across from Lummus Park. We expect to go out to bid in April and should begin construction in June. Vice Chairman Winton: How about Jose Marti? Ms. Diane: Jose Marti -- that's -- we're still working on the design for that one. That will happen— Vice Chairman Winton: That's one that'll happen -- Ms. Diane: -- hopefully, late this fall. Vice Chairman Winton: Very well. (INAUDIBLE). I mean -- Ms. Diane: Right. Vice Chairman Winton: I mean, that's tomorrow in City jargon, so that's outstanding. 83 February 14, 2002 0 Ms. Diane: OK. Vice Chairman Winton: Very exciting. Thank you. Ms. Diane: Yeah. • Vice Chairman Winton: Ms. Freeman, thank you very much. The Trust for Public Land has really taken -- you know, y'all took the leadership in making this happen and so our hats off to You and we thank you tremendously, and this is going to be great for our City. Luvena Freeman: Thank you. It's our pleasure to partner and work with the City to transform the river Corridor. Vice Chairman Winton: Great. Thanks. Commissioner Teele: Before she leaves, Mr. Chairman. Vice Chairman Winton: Yes, sir. Commissioner Teele: Ms. Dena Bianchino. Mr. Chairman, I just would like to get a status update on the Lummus Park. We had Safe Neighborhood Bond money in that. Dena Bianchino (Assistant City Manager): On the Lummus Landing, on the marina? Commissioner Teele: No, the Lummus Park itself. Ms. Bianchino: OK. That would be Parks Department. I don't know the status of that. Vice Chairman Winton: You mean in terms of whether -- Commissioner Teele: I mean, where are we going with that? Is that -- and is all of this being integrated as one? We got a big Safe Neighborhood grant about four years ago, three years ago. I remember having a conversation with Ms. Bianchino regarding the -- those two parks, Margaret Pace Park and -- was it Lummus Park? And the discussion went that the City would take care of the Lummus and the CRA (Community Redevelopment Agency) would take care of Margaret Pace. The grant dollars were in the same grant. And I sort of said, I think we'll beat you on the Lummus Park. Is it Lummus Park? Albert Ruder (Director of Parks and Recreation): I'm sorry. I didn't hear your question. Commissioner Teele: What's the park right there near the water? Vice Chairman Winton: It's Lummus. Mr. Ruder: Lummus Park. 84 February 14, 2002 0 0 Commissioner Teele: Where -- you remember the debate -- Vice Chairman Winton: Back behind downtown. Commissioner Teele: -- between -- Mr. Ruder: Where the two old structures for Wagner House and (UNINTELLIGIBLE) -- Commissioner Teele: Exactly. We got Safe Neighborhood Bond money -- Mr. Ruder: We have a half a million. Commissioner Teele: -- for Lummus Park and Margaret Pace Park. We proposed to take those two and develop them for the City. Dena, you and I had a long discussion. You wanted the City to do the Lummus Park and I said, "Fine, but let's do it." And I'm just trying to see where are we on that park because now we're talking about trails, and I just want to make sure we're integrating everything. Where are we on the Lummus Park construction with the Safe Neighborhood Bond money? Mr. Ruder: On the Lummus Park, there's two projects. There is a half a million for the park itself, and then I think there's a million for the shoreline. For the park, one of the -- we've done some improvements already to the building that needed improvements. Right now, we're doing improvements to the two old structures, which is going to take up about a hundred and fifty thousand -- Commissioner Teele: Have we spent the half million dollars ($500,000)? Mr. Ruder: No, we haven't. We've spent -- Commissioner Teele: Are we close? Mr. Ruder: No. We'll be spending, in the next few months, about a hundred and fifty thousand of the five hundred thousand that's available. Commissioner Teele: So, in other words, we're spending the first money? Mr. Ruder: Right. Commissioner Tecle: And you remember my argument. I said, if we don't move -- you know -- Mr. Ruder: Yeah. But we're OK with the Safe Neighborhood Board. We're on schedule -- Commissioner Teele: We're OIC because we're moving all the other projects. 85 February 14, 2002 • 9 Mr. Ruder: Yeah. No, but they're OIC with that project, all the deadlines. Because we've only requested a certain amount of money, which is a hundred and fifty so far and that's going to match a state grant, a historic preservation grant. Commissioner Teele: What I would like to see, at your convenience, are all of the Safe Neighborhood Bond dollars we got in the first and what percentage completed we are of each of the dollars. Mr. Ruder: OK. Commissioner Tecle: I mean, because see, if you do one project in Hadley Park and get a million dollars ($1,000,000) -- Mr. Ruder: Yeah. Commissioner Teele: -- then that distorts where we are. And we need to make sure that the point that Commissioner Regalado's making, we need to move with these dollars in all districts, in all communities as fast as we can. Mr. Ruder: And now we also have opportunities to leverage it in the future with the bond issue that we have -- Commissioner Teele: Right. Mr. Ruder: -- so it's good for the future. Commissioner Teele: Thank you very much. But we are coordinating with the Trust for Public Land and what we're doing in Lummus. That's the main thing I just want -- Mr. Ruder: Yeah. And all the other parks on the river, we just met with them yesterday and we're going to have some additional meetings because they have several parks that they're involved with on the river, Sewell, Marti. Vice Chairman Winton: OK. Any other discussion? Commissioner Teele: Commissioner Winton, the only thing that I would say about this -- and I'm sorry Linda is not here on it -- there she is. We need a comprehensive thought process of how we're going to approach the river. We approach it from district by district, park by park. The greenway gives us sort of a reason to look at it as a comprehensive project but we also need to look at the development issues in a comprehensive way. We talked about -- when the Manager was talking about building the -- that facility where little -- where baseballs are played - - used. We talked about even creating a development zone or redevelopment authority -- I mean, I think we ought to look at that as one of these long-term things. I've got it in the blue pages sort of to raise as a thought process, but I think there is not a greater and bigger asset that the City of Miami -- that the City has than the Miami River. And -- 86 February 14, 2002 0 • Ms. Bianchino: Commissioner -- I'm sorry. Commissioner Teele: I just wish -- Commissioner Winton, I know it runs through everybody's district, but it starts in you district, the mouth. So, you probably are first among equals, but it runs through the whole -- at least four of the five districts, I'm sure, have a piece of the river. Vice Chairman Winton: And there's probably not anything more complex -- anything that we'll deal with more complex than this issue just because it has so many different uses and demands and jurisdictions. And so -- but I think your point's a hundred percent right on. We ought to have a comprehensive plan that deals with river and cutting across all these boundaries. And -- but that's going to -- you know, that's another one of these many, many, many issues that we have in the City where, for 20 years, we haven't been able to do it and we're all now trying to play catch up. And events, in many times, are overtaking our capacity, as a City, to get ahead of this ball sometimes. So, some way or another, you know, this has to go on that list of 50 major projects going on in the City that require energy and special expertise and special commitment to get it done. And that's just part of what we have to do from an internal standpoint, is figure out who becomes the lead person in the City to do it, what consultants we have to hire to make it happen because we simply don't have the staff in the City of Miami to lead the charge on all these major initiatives that we're pushing forward on. So I agree with you. That needs to get put on some list and we got to factor it in. Yes, ma'am. Ms. Bianchino: Dena Bianchino, Assistant City Manager. We are undertaking the Miami River Infill Plan, as we speak. We have a hundred and fifty thousand dollars ($150,000) for that effort. It's ongoing. We're going to have some community meetings in March. So I think we've got a good first step in getting this thing rolling. And, as this moves forward, we'll come up with the next steps that need to be taken to -- Vice Chairman Winton: Well, what I really didn't say -- and that was the piece -- probably the most important is this -- and this is that from a policymaking standpoint, we have to make sure that we provide staff with the resources they need to do these kind of initiatives. So, what y'all have to do is be thinking outside the box all the time in terms of what kind of resources we need to do the best job possible in the shortest period of time to get some of these things done and not be constrained by the old box, which says, "Well, we have to do it internally and nobody else can be involved. Blah, blah, blah." You know, y'all need to think about the best way to get this thing done and ask for the resources from us so we can do this stuff. Ms. Bianchino: OK. We're going to do that, but just so you know that we're working very closely with the River Commission, the State, and the County on this. So, I think -- again, we have a good first step. We'll come back to you with what we think -- Vice Chairman Winton: Great. Thank you. Ms. Bianchino: -- we need. Thank you. Vice Chairman Winton: Commissioner Teele? 87 February 14, 2002 i 25. TABLED: PROPOSED AUTHORIZATION TO PAY GREGORI INTERNATIONAL OF FLORIDA, INC. $975,000, IN FULL SETTLEMENT OF ALL CLAIMS AGAINST CITY FOR CASE OF GREGORI INTERNATIONAL OF FLORIDA, INC. VS. CITY. (See #2.10, 50). Vice Chairman Winton: OK. What item are we on? Commissioner Gonzalez: Mr. Chairman, I -- Vice Chairman Winton: Yes, sir. Commissioner Gonzdlez: I would like to, if possible, bring back CA -10. Vice Chairman Winton: Sure. Do we need a motion to bring it back? Commissioner Teele: You got a rule problem but you can do what you want to do. Joel Maxwell (Deputy City Attorney): Motion -- if you already voted on it, you need a motion to reconsider that item. Vice Chairman Winton: I can't -- I didn't hear you. Mr. Maxwell: You need a motion to reconsider if you've already voted on it. Vice Chairman Winton: Huh? Carlos Gimenez (City Manager): CA -10 was deferred or pulled from the Consent Agenda. Commissioner Teele: Once an item is deferred from the Consent Agenda, it is automatically placed on the next regular -- Mr, Maxwell: Next agenda. Commissioner Teele: -- agenda. Now, you can obviously bring it up for discussion now. Commissioner Gonzalez: For discussion, That's what I want to bring it up for. Vice Chairman Winton: So, do we need a motion to bring it up for -- Commissioner Teele: I guess. The Attorney rolling his eyes at me. Mr. Maxwell: No, sir. I -- Sylvia Scheider (Acting City Clerk): Excuse me. I show that the item was tabled in the morning to be brought back later today. Commissioner Gonzalez: OK. We can do that. 88 February 14, 2002 Commissioner Teele: That's a much better rule. Vice Chairman Winton: Great. Commissioner Teele: So, you're saying that because we tabled it to this afternoon, you'd rather we take it up this afternoon? 89 February 14, 2002 • Mr. Maxwell: Yes. There may be people who want to address that. They will come at that time. 90 February 14, 2002 26. DIRECT MANAGER TO INSTRUCT DIRECTOR OF COMMUNITY DEVELOPMENT AND NET DIRECTOR TO MEET WITH LEROY JONES TO DISCUSS REQUEST TO PARTICIPATE IN LOT CLEARING PROJECT. Commissioner Teele: Mr, Chairman, this is a good time to recess, unless you've got something. There are a number of people here in the room that are not on the agenda that wanted to discuss something relating to -- my office has talked to some of them. Where is Leroy? That wanted to discuss a matter which I think could better be discussed with the Community Direct -- Development Director, maybe in my office or in any Commissioner's office they would like to. But I think -- it's not -- we're not going to be able to come to any decision here. And I'm malting my office available or the Manager's conference room or something available to discuss it. This involves their request, as I understand it, to participate in lot clearing and lot cleaning from small businesses that live in the area. Back in November, we promised them that we'd do something, The -- we had planned that the Trust would take an action on it. The Trust is not being constituted so the City is going to have to do whatever is going to be done and that's sort of where it stands. Vice Chairman Winton: So what you're recommending is that during the lunch break, that whoever the -- Leroy and whomever else from the community meet with whom? Commissioner Teele: With the Community Development Director or whoever the Manager directs. It really involves NET (Neighborhood Enhancement Team) and it really involves Community Development, I would suppose. In the community development. It's targeted toward the Model Cities -- Vice Chairman Winton: Right. Commissioner Teele: -- Homeownership Zone but it really is citywide. Vice Chairman Winton: So, Mr. Manager, do you have someone you're going to direct to meet with Leroy? Carlos Gimenez (City Manager): Yes. I'll have Gwen and Dennis meet with him. Vice Chairman Winton: Fine, OK. So, Leroy, I don't know if you heard that or not but -- Leroy Jones: No, sir. Vice Chairman Winton: -- but in terms of this discussion on lot clearing, we've directed the City Manager to identify a couple of people from the City and he's identified Gwen Warren from CD (Community Development) and who else did you say? Mr. Gimenez: Dennis Wheeler, Director of NET. Vice Chairman Winton: Dermis Wheeler, to meet with you now. We're going to go on with the agenda -- meet with you now to discuss this whole lot clearing thing. And if there's something 91 February 14, 2002 • 0 that needs to be brought back before the Commission, it can come after the recess so that you guys can work out some of the details. Commissioner Gonzdlez: Mr. Chairman, I believe that Ms. Warren wants to address the Commission. Gwendolyn Warren: Given the nature of the discussion, I think that it's something that won't be able to be solved today. What I would like to do is invite the gentleman over to the office to sit and meet so that we can come up with a plan. And I would be more than willing to sit down the beginning of the week, and I'm sure -- with me and the NET Administrator and we could talk about a long range plan of involvement. Leroy Jones: When, Ms. Warren? You got a date? You want to narrow down the date? Vice Chairman Winton: When? He's asking when. Ms. Warren: I'm anticipating probably Tuesday or Wednesday of next week. Monday's a holiday. Commissioner Teele: Let's just say Wednesday. Monday's a holiday, which means Tuesday's a Monday, which means nobody's going to get a lot done on Tuesday. So why don't we just say Wednesday, the 20th9 Ms. Warren: Wednesday would be fine. Mr. Jones: OK. Thank you. Commissioner Teele: And we will place this on the agenda for March the 7t" for an update. Mr. Jones: OK. Your office, right, Ms. Warren? Ms. Warren: Yes. And I'm sure my assistant is listening. She'll call you today. Mr. Jones: OK. Thank you. Unidentified Speaker: Thank you, Commissioners. Vice Chairman Winton: And Commissioner Teele, you suggested we adjourn. We've got six minutes. We might be able to get the rest of this agenda done. Commissioner Teele: OK, 92 February 14, 2002 0 • 27. ACCEPT PLAT ENTITLED BANYAN BAY APARTMENTS REPLAT. Vice Chairman Winton: Item 13. Let's go to Item 13, which is a replat. Commissioner Teele: So moved, Mr. Chairman. Vice Chairman Winton: We have a motion and a second. Commissioner Gonzdlez: Second. Vice Chairman Winton: And I just have a quick question from someone, I guess -- and this is an educational thing. I don't understand what triggers these plat resolutions coming from the City. And also, I'm not even sure I understand what the impact is when we vote "yes" or "no," and we don't ever vote "no." We only vote "yes." Commissioner Teele: This item is deferred until 7 p.m., I'm advised by staff to Commissioner Sanchez. Vice Chairman Winton: Oh, it was? Frank Rollason (Assistant City Manager): Thirteen or 13-A? Thirteen is going to be held to later this evening. Commissioner Teele: So, you're saying the plat we can do now? Mr. Rollason: But 13 is good. There are two plats. Separate items altogether. Vice Chairman Winton: OK. So -- Mr. Rollason: Thirteen is -- Vice Chairman Winton: Thirteen is -- Mr. Rollason: Thirteen is good. Vice Chairman Winton: -- OK to go on. OK. Can you answer that question real quick? Mr. Rollason: No, I can't. Maria Chiaro (Assistant City Attorney): I could answer the question for you, Commissioner. Vice Chairman Winton: Thank you. Ms. Chiaro: Commissioner, the Code requires that the City Commission approve the plats before they are put into effect. It is an administrative action by the City Commission. If there's 93 February lel, 2002 • some procedural impropriety, the City Commission can disapprove it. But generally speaking, it's an administrative action based on the work of the staff. Vice Chairman Winton: So, staff has figured out that there's some plat alignment that's wrong or something and they're fixing something here or is the public coming to us and saying we want to -- Ms. Chiaro: Neither. Staff reviews all of the materials that are submitted before this plat can be approved by the City Commission but it is an administrative action by the City Commission. Vice Chairman Winton: Got it. OK. Thank you. So we have a motion and a second. Any further discussion on 13? Being none, all in favor "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign opposed. The motion carries. The following resolution was introduced by Commissioner Toole, who moved for its adoption: RESOLUTION NO. 02-168 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, ACCEPTING THE PLAT ENTITLED BANYAN BAY APARTMENTS REPLAT, A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE SAID PLAT; AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzdlez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Toole, Jr. NAYS: None. ABSENT: Chairman Tomas Regalado Commissioner Joe Sanchez 94 February 14, 2002 E • Vice Chairman Winton: Thirteen -A has been -- what's the term? Not deferred -- continued to 7 p.m. tonight. Bridget on 14, This is, I think, probably Commissioner Regalado's 14-A, so we'll hold that. Commissioner Teele: Mr. Chairman. Vice Chairman Winton: Wow. Well, I think we're almost done. Do we have number -- yes, sir. Commissioner Teele: Go ahead. Vice Chairman Winton: I think -- is Number 4 outstanding? Madam City Clerk, is Number 4 outstanding? Commissioner Teele: Is Number 4 outstanding? Vice Chairman Winton: We have not moved on 4 yet? OK. What is 4? Oh, it is? Oh, OK. They want to -- (INAUDIBLE). OK. I don't know if there's anything else we can do. 95 February 14, 2002 • 0 28. INSTRUCT MANAGER TO DIRECT DIRECTOR OF COMMUNITY DEVELOPMENT TO MEET WITH PASTOR MCRAE AND M.O.V.E,R.'S INC., AS RELATES TO REQUEST FROM U.S CONGRESSWOMAN CARRIE MEEK FOR TRANSFER OF LAND LOCATED AT NW 17 T11 AVENUE AND 62ND STREET AND OTHER POTENTIAL SITES AND COME BACK WITH COMPREHENSIVE PLAN TO ADDRESS NEEDS OF M.O.V.E.R.'S. Commissioner Teele. Mr. Chairman. Vice Chairman Winton: Yes, sir. Commissioner Teele: With your permission, my item Number 5-A -- one of the very distinguished members of the community is here. And if we could just dispense of this with an instruction -- Vice Chairman Winton: Which one is that? Commissioner Teele: Number -- District 5-A. Vice Chairman Winton: Oh, OK. Fine. Commissioner Teele: Reverend, would you just come forward and give us your name and address for the record and that -- Ms. Warren, you need to pay attention to this, please. Pastor George McRae: Good morning. My name is George McRae. I'm pastor of Mt. Tabor Baptist Church. That is 1701 Northwest 66th Street, in Miami. Commissioner Teele: More importantly, Reverend -- Pastor McRae is the spiritual advisor to our esteemed congresswoman, Congresswoman Carrie Meek, where she is regularly in attendance. Congresswoman Meek discussed with me, on New Year's Day, a request for an organization, which is in the leadership of addressing AIDS (Acquired Immune Deficiency Syndrome) and the problems that we're having in the inner community, quite candidly, that a lot of people don't want to talk about in healthcare, But Reverend McRae and his organization, MOVERS (Minority Overcoming the Virus through Education, Responsibility and Spirituality) has established themselves as a national leader for -- and much of the national policy through the Congressional Black Caucus is a laboratory that MOVERS in Miami is the -- sort of the test tube for. And so, we're very privileged that Congresswoman Meek has such a personal interest in this program. Her request to me was codified by a letter, which I've not been able to find. I took it home with me, kept it by my bedside and I can't find it now. But a 3 -page letter, I might add, in which she discussed a specific site, which was 17`x' Avenue and 62'd Street. Is that, Reverend McRae, your understanding? Mr. McRae: Right. Yes. Commissioner Teele: I've been advised by Community Development that they would life to meet with you and MOVERS on that site and several other sites and -- to see if they can make a report at the next meeting, if that would be acceptable to you. In other words, they think they've 96 February 14, 2002 0 0 got even a better site or some other options, in their discussions with Congresswoman Meek. And what I didn't want to do was to cut across or speak on behalf of MOVERS, only you can do that, as a pastor. Mr. McRae: Thank you. Commissioner Tecle: So would it be all right with you if -- rather than giving the instructions on that site, but we would make a motion -- I would move and instruct the City Manager to meet with you and MOVERS and to report back in the next meeting a comprehensive plan to address the needs of MOVERS in the City of Miami? Mr. McRae: That would be fine. Commissioner Gonzalez: Second the motion. Vice Chairman Winton: We 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. The motion carries. The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 02-169 A MOTION INSTRUCTING THE CITY MANAGER TO DIRECT THE DIRECTOR OF COMMUNITY DEVELOPMENT TO MEET WITH PASTOR MCRAE AND MOVERS INC., A NOT-FOR-PROFIT 501(C)3 ORGANIZATION THAT PROVIDES HEALTHCARE AND RELATED SERVICES WITHIN THE CITY, AS IT RELATES TO THE REQUEST FROM U.S CONGRESSWOMAN CARRIE MEEK FOR TRANSFER OF LAND LOCATED AT NW 17TH AVENUE AND 62"' STREET AND OTHER POTENTIAL SITES AND TO COME BACK WITH A COMPREHENSIVE PLAN TO ADDRESS THE NEEDS OF MOVERS; FURTHER REQUESTING THAT A RECOMMENDATION BE PRESENTED AT THE NEXT MEETING. 97 February 14, 2002 0 0 Upon being seconded by Commissioner Gonzdlcz, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Vice Chairman Winton: Yes, sir. Commissioner Teele: And, Ms. Warren, would you just put your name and address on the record -- I mean, your title just so that we can accept the agreement that you all are going to meet on this and forthwith -- because there seems to be a lot of opportunity, I think, for MOVERS working closely with your office. Gwendolyn Warren: Gwendolyn Warren, Director for Community Development, City of Miami. Vice Chairman Winton: Thank you. Commissioner Gonzalez: Thank you. Vice Chairman Winton: Commissioner Teele, anything else? Commissioner Teele: No. Vice Chairman Winton: Let's Commissioner Teele: Reverend McRae, would you report to the congresswoman that we're moving things in accordance with her wishes and let her know that we're not dragging our feet on this? And I hope, on March 7t", you'll be very satisfied. Vice Chairman Winton: Thank you for coming. Anything else? Then shall we adjourn? What do we do? We can adjourn. We do what? Recess. See, I've got to get all these ten -ns straight someday. Commissioner Gonzalez: We recess. Vice Chairman Winton: Recess until two o'clock. THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 12:01 PM AND RECONVENED AT 2:24 PM, WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT EXCEPT COMMISSIONERS GONZALEZ AND SANCHEZ. 98 February 14, 2002 0 • 29. ATTORNEY-CLIENT SESSION TO DISCUSS PENDING LITIGATION RELATED TO MCGRATH VS. CITY OF MIAMI AND MIAMI-DADE COUNTY VS. CITY (PARKING SURCHARGE CASES) (SEE, ##5). Chairman Regalado: City Commission will now go into executive session. Immediately after that, there will be a CRA (Community Redevelopment Agency) meeting. We need the City Attorney to explain on the record what is going to happen. Note for the Record: At this time, Commissioner Gonzalez entered the meeting at 2:25 p.m. Alejandro Vilarello (City Attorney): Pursuant to Florida law -- excuse me -- the City Commission is now going into executive session under the provisions of Florida Statute 286.0118, where the City will discuss pending litigation involving the case of McGrath versus the City of Miami and Miami -Dade County versus the City of Miami. The closed door session will start at approximately 2:25, and conclude approximately half an hour to 45 minutes later. The -- this session will be attended by Commissioner Tomas Regalado, Angel Gonzalez, Joe Sanchez, Arthur Teele, Johnny Winton, City Manager Carlos Gimenez, City Attorney Alex Vilarello, Assistant City Attorney Maria Chiaro, as well as the attorneys representing the City's special counsel, Joseph Seirota from the law firm of Weiss, Serota and Helfman. Commissioner Teele: Mr. Chairman. Mr. Vilarello: During -- I'm sorry -- during the entire proceedings, there will be a court reporter that will maintain a full transcript of the hearing. At that time -- at the time the case is concluded that that transcript will be made part of the public record and available for inspection by the public. Commissioner Teele: For the record, Commissioner Sanchez has called to say that he is really under the weather. He came in and he left, and so he will not be attending. Is that it? Mr. Vilarello: We go into the executive session. Note for the Record: At this time, the City Commission recessed into executive session at 2:26 p.m. and reconvened regular session at 3:50 p.m. Mr. Vilarello: Come out to -- Chairman Regalado: Huh? Mr. Vilarello: We need to wait until the reporter comes out and we can close the session then. Chairman Regalado: OK. Vice Chairman Winton: Then, while we're waiting -- Mr. Vilarello: I need you to wait. 99 February 14, 2002 Chairman Regalado: We're closing the executive session. Now we're ready to start the CRA regular meeting, and after that, we'll come back to probably an executive session and then the regular agenda. So, the Chairman of the CRA -- Commissioner Teele: Mr. Chairman, before -- Mr. Vilarello: Mr. Chairman, note for the record, it's 3:50 p.m. and the close of the executive session in the case of McGrath versus the City of Miami and Miami -Dade County versus the City of Miami. Commissioner Teele: Mr. Chairman, with your permission, at the close of the CRA meeting, when we open up to go into the next executive session, I would respectfully request three minutes to give an instruction with the representatives of Little ACORN (Association of Community Organizations for Reform Now) regarding the item on my blue pages related to predatory practices. Just to talk about the oversight and that will take three minutes. And if somebody would find the Police Chief or the police representative, that11 be helpful. I'm going to limit the CRA meeting to 15 minutes. Vice Chairman Winton: Mr. Chairman. Commissioner Teele: Yes. Vice Chairman Winton: I would like to -- as you all see before you at the dais, we all have a little Valentine's gift. And this little Valentine's gift was sent to us from Adrienne Arsht, who's the Chairman of TotalBank. And I think she sent it to us as a token of her gratitude and appreciation for, I hope, the good work she thinks we're doing up here. But she told me that the other thing she's definitely sending it for is to remind us that it's Valentine's Day. So, Adrienne Arsht, if you're watching, thank you very much for the flowers. And the Manager's jealous. Commissioner Teele: Mr. Chairman, I also would like to thank Adrienne. And it really does show that we need to get a little bit better grip on what we're doing and the days that we're doing it on. And we certainly appreciate her reminding us -- as a way of reminding our families that we shouldn't really be here all night. We should do some other things. Mr. Chairman -- Vice Chairman Winton: I'll second that motion. Chairman Regalado: But the fact is that we will be here all night. Commissioner Teele: I don't think we -- I don't think we got to be. 1 think we've got to get a little martial law here, 100 February 14, 2002 • MINUTES OF THE REGULAR BOARD OF DIRECTORS MEETING OF THE COMMUNITY REDEVELOPMENT AGENCY FOR SOUTHEAST OVERTOWN/PARK WEST AND OMNI DISTRICTS On the 12"' day of February 2002, the Board of Directors of the Community Redevelopment Agency for the Southeast Overtown/Park West and Omni Districts of the City of Miami met at the City Hall, 3500 Pan American Drive, Miami, Florida. The meeting was called to order at 3:53 p.m. by Chairman Arthur E. Teele, Jr., with the following Board Members found to be present: Chairman Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Board Member Angel Gonzalez (3:56 p.m.) Board Member Tomas Regalado ABSENT: Board Member Joe Sanchez ALSO PRESENT: Alejandro Vilarello, City Attorney, City of Miami Chief Raul Martinez, Chief of Police, City of Miami Sylvia Scheider, Acting City Cleric, City of Miami William R. Bloom, Special Counsel, Holland & Knight, CRA, City of Miami Annette Lewis, Executive Director, CRA, City of Miami David Hernandez, Director of Construction Management, CRA, City of Miami 101 February 14, 2002 30. AUTHORIZE EXECUTIVE DIRECTOR TO MEET WITH CITY MANAGER TO MAKE RECOMMENDATIONS TO ENTER INTO AGREEMENT TO ESTABLISH TRANSPORTATION MANAGEMENT ASSOCIATION (TMA) COMPRISED OF BUSINESS OWNERS, TO OVERSEE TRANSPORTATION ISSUES AS RELATES TO FLORIDA EAST COAST (F.E.C.) RIGHT-OF-WAY, AND REQUEST SUPPORT FROM METROPOLITAN PLANNING ORGANIZATION (MPO) AND FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR OPERATION OF SAID TMA. Note for the Record: At this point, the City Commission recessed in order to convene a meeting of the Community Redevelopment Agency (CRA). Chairman Teele: Mr. Chairman, with your permission, I'd like to -- I'd like to call the CRA (Community Redevelopment Agency) meeting to order and request we hold this meeting only for items that we have pretty much consent on or just questions on. And if there's any debate on anything, I'm going to ask that we table it so that we can sort of get through this, with your permission. I would also note that there are so-called five pocket items. Three of the five pocket items relate to setting a time certain for a litigation at the request of one of the CRA Board Members. I think Commissioner Winton said we need to review the litigation, and I think that's correct. And the other two are ministerial matters. Is the CRA Director available? Annette Lewis (Executive Director, CRA): Yes. Chairman Teele: Consent Item Number 1 A is an effort to begin the process of carrying out the FEC (Florida East Coast) Corridor Study and looking at whether or not there's an opportunity to run any type of service along the FEC corridor. It would be a TMA (Transportation Management Association). Obviously, what we would be doing is beginning the discussions with the MPO (Metropolitan Planning Organization), DOT (Department of Transportation), and the appropriate people. Vice Chairman Winton: So moved. Chairman Teele: Moved by Commissioner Winton. Board Member Regalado: Second. Chairman Teele: By Commissioner Regalado. All those in favor say "aye." The Board Members (Collectively): Aye. 102 February 14, 2002 The following resolution was introduced by Vice Chairman Winton, who moved its adoption: CRA/SEOPW RESOLUTION NO. 02-26 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY (CRA) APPROVING THE ATTACHED RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TO MEET WITH THE MIAMI CITY MANAGER TO DISCUSS AND MAKE RECOMMENDATIONS TO ENTER INTO AN AGREEMENT TO ESTABLISH A TRANSPORTATION MANAGEMENT ASSOCIATION ("TMA") COMPRISED OF BUSINESS OWNERS, TO OVERSEE TRANSPORTATION ISSUES AS IT RELATES TO THE FLORIDA EAST COAST ("F.E.C.") RIGHT-OF-WAY, AND FURTHER TO REQUEST SUPPORT FROM THE METROPOLITAN PLANNING ORGANIZATION ("MPO") AND THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") FOR THE PLANNING, FINANCING AND OPERATION OF SAID TMA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Regalado, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Board Member Tomas Regalado NAYS: None. ABSENT: Board Member Angel Gonzalez Board Member Joe Sanchez 103 February 14, 2002 31. PROVIDE IN-KIND GRANT TO PALLOTTA TEAMWORKS FOR USE OF CRA OWNED PARKING LOTS 58 AND 59 LOCATED ALONG NORTHWEST 2"' AVENUE AS STAGING AREA FOR AVON BREAST CANCER 3 -DAY EVENT SCHEDULED TO TAKE PLACE FROM APRIL 19 — APRIL 21, 2002 AT BAYFRONT PARK. Chairman Teele: The next is a request to hold the use of an in-kind grant for the use of parking lots for a breast cancer 3 -day -- Vice Chairman Winton: So moved. Chainnan Teele: Moved by Commissioner Winton. Annette Lewis (Executive Director, CRA): I need to bring to your attention that Off -Street Parking, in their letter, neglected to include the CRA (Community Redevelopment Agency) as named on the liability policy. They have included the City of Miami. So that resolution will be amended to reflect the CRA. Chairman Teele: All right. Moved and seconded by Commissioner Regalado. Is there objection? All in favor say "aye." The Board Members (Collectively): Aye. The following resolution was introduced by Vice Chairman Winton, who moved its adoption: SEOPW/CRA RESOLUTION NO. 02-27 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY (CRA) PROVIDING AN IN-KIND GRANT TO PALLOTTA TEAMWORKS FOR THE USE OF THE CRA OWNED PARKING LOTS 58 AND 59 LOCATED ALONG NORTHWEST 2N" AVENUE AS A STAGING AND HOLDING AREA FOR THE AVON BREAST CANCER 3 -DAY EVENT SCHEDULED TO TAKE PLACE FROM APRIL 19 THROUGH APRIL 21, 2002 AT BAYFRONT PARK. 104 February 14, 2002 0 u (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Regalado, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Board Member Tomas Regalado NAYS: None. ABSENT: Board Member Angel Gonzdlez Board Member Joe Sanchez 105 February 14, 2002 • 32. AMEND RESOLUTION SEOPW/CRA R-02-18 AS RELATES TO GRUBBING, COMPACTING, GRADING, RESODDING AND PAVING OF ALLEYWAY LOCATED BETWEEN NORTHWEST 9"'' STREET AND NORTHWEST 10"" STREET BETWEEN NORTHWEST 2ND AVENUE AND NORTHWEST 3 R AVENUE, $50,000. AMEND RESOLUTION SEOPWICRA R-02-19 AS RELATES TO CRA PROVISION OF IN-KIND GRANTS TO PROPERTY OWNERS ALONG NORTHWEST 3`') AVENUE EXTENSION TO 9TII STREET PEDESTRIAN MALL FOR UPGRADE OF FENCES PURSUANT TO PEDESTRIAN MALL PLANS, $50,000. Chairman Teele: Now 3"" Avenue extension to the Pedestrian Mall. Just so that everyone's aware, the 3"d Avenue extension to the Pedestrian Mali is the cornerstone of the 3'd Avenue Business Corridor Plan that was approved by the City Commission, and requested that the CRA (Community Redevelopment Agency) act on this some three years ago. In effect, the mall that exists right now -- the Pedestrian Mall that exists now, with pavers from 2id Avenue to the railroad track, would be extended from 2`1 Avenue to 3`1 Avenue, really making it a very, very attractive visitor and -- location to try to get people to come more into Overtown. Madam Director, would you or your staff explain anything that we need to know about this? Vice Chairman Winton: Which item is this? Annette Lewis (Executive Director, CRA): Number 3-A. Chairman Teele: This is Item Number 3. Ms. Lewis: Three -A. Vice Chairman Winton: Three -A. OK. So moved. Board Member Regalado: Second. Chairman Teele: All those in favor say "aye." The Board Members (Collectively): Aye. The following resolution was introduced by Vice Chauhan Winton, who moved its adoption: SEOPWICRA RESOLUTION NO. 02-28 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY (CRA) AMENDING RESOLUTION SEOPWICRA R-02-18 AS IT RELATES TO THE GRUBBING, COMPACTING, GRADING, RESODDING AND PAVING OF THE ALLEYWAY LOCATED BETWEEN NORTHWEST 9""' STREET AND NORTHWEST 10"" STREET BETWEEN NORTHWEST 2ND AVENUE AND NORTHWEST 3f') AVENUE, STIPULATING AN AMOUNT NOT TO EXCEED $50,000. 106 February 14, 2002 E (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Regalado, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Board Member Tomas Regalado NAYS: None. ABSENT: Board Member Angel Gonzalez Board Member Joe Sanchez Chairman Teele: Three -B. Note for the Record: At this time, Board Member Gonzdlez entered the meeting at 3:56 P.M. Ms. Lewis: Three -B. This is the item -- actually, these next four items were already approved, pending dollar amounts. This one, even though it doesn't have a dollar figure, we've -- staff has -- the limit should be fifty-two dollars ($52) per linear foot. And we currently have 600 square foot that's eligible for the grant in terms of the area, Chairman Teele: So that's roughly how much money? Ms. Lewis: Thirty-six, two, but if we include columns in the design -- and you all have packages right now that indicate the conceptuals for the fences that are being considered. Yes, sir. Chairman Teele: Just so that everyone is aware, when we do the 9`l' Street Mall expansion, there are certain private property owners that are along 9"' Street that have land that we will be impacting. What we're proposing to do is to provide an in-kind grant to them that -- in which we would construct the fencing along -- abutting 9«' Street so that it will have some degree of uniformity and some degree of consistency. There's nothing worse than -- Vice Chairman Winton: As opposed to them paying? Chairman Teele: As opposed to them paying. Vice Chairman Winton: Right. Chairman Teele: And it's nothing worse than having hurricane fencing there in that area. Vice Chairman Winton: And what did you say the cost is again per linear foot? 107 February 14, 2002 0 0 Ms, Lewis: For the decorative, we're looking at not to exceed fifty-two dollars ($52) per linear foot. Vice Chairman Winton: And there's a maximum of how many linear feet? Ms. Lewis: Six hundred. Vice Chairman Winton: So, is that -- Chairman Teele: Not including any posting or -- not -- Vice Chairman Winton: Is that like thirty thousand dollars ($30,000)? Ms. Lewis: Thirty-six, two. Vice Chairman Winton: Thirty-six thousand? Ms. Lewis: Thirty-six thousand, two hundred. Vice Chairman Winton: OK. So moved. Board Member Regalado: Second. Chairman Teele: Is there objection? All those in favor say "aye." Vice Chairman Winton: So this resolution's going to read, though, "in an amount not to exceed thirty-six thousand dollars ($36,000)?" Or is that -- Ms. Lewis: Yes. Vice Chairman Winton: Does that cover all -- Ms. Lewis: We haven't gotten any figures for footings or columns or any of those additional -- Chairman Teele: I think you're much better off saying "in an amount not to exceed fifty thousand dollars ($50,000)" for the purpose of this. And that's because -- Ms. Lewis: I think that would be adequate, fifty thousand. Chairman Teele: -- Johnny, the cost of the fencing is going to be not to exceed fifty-two dollars ($52). It can be as low as forty-two dollars ($42), imaginable. But you've got columns that have not been put in here and you don't know that until you go in and do the surveying and measuring. Vice Chairman Winton: So did we vote on this resolution? 108 February 14, 2002 0 Chairman Teele: Not yet. Ms. Lewis: Not yet. Vice Chairman Winton: OK. So we need to amend what I just -- Chairman Teele: Amend the resolution to -- Vice Chairman Winton. -- my motion. Chairman Teele: -- not to exceed fifty thousand dollars ($50,000). Vice Chairman Winton: Not to exceed fifty thousand dollars ($50,000). So moved. Chairman Teele. With the provision -- further provision that the column -- linear costs may not exceed fifty-two dollars ($52) a linear foot. Vice Chairman Winton: Well, it may (INAUDIBLE) -- Chairman Teele: That's for the fencing itself. Ms. Lewis: The fencing itself. Vice Chainnan Winton: Oh, OK. Yes, yes, yes. Fine. Chairman Teele: Moved by Commissioner Winton and second by Commissioner Gonzalez. Is there objection? All those in favor say "aye." The Board Members (Collectively): Aye. Chairman Teele: Opposed? The following resolution was introduced by Vice Chairman Winton, who moved its adoption: SEOPW/CRA RESOLUTION NO, 02-29 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY (CRA) AMENDING RESOLUTION SEOPW/CRA R-02-19 AS IT RELATES TO THE CRA PROVISION OF IN-KIND GRANTS TO PROPERTY OWNERS ALONG THE NORTHWEST 3"' AVENUE EXTENSION TO THE 9""_1 STREET PEDESTRIAN MALL FOR THE UPGRADE OF FENCES PURSUANT TO THE PEDESTRIAN MALL PLANS, STIPULATING AN AMOUNT NOT TO EXCEED $50,000. (Here follows body of resolution, omitted here and on file in the Office of the City Cleric.) 109 February 14, 2002 0 Upon being seconded by Board Member Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Board Member Angel Gonzalez Board Member Tomas Regalado NAYS: None. ABSENT: Board Member Joe Sanchez 110 February 14, 2002 33. AMEND RESOLUTION OMNI R-02-13 AS RELATES TO INSTALLATION OF EXTERIOR LIGHTING FOR FIRESTATION NO, 2, $30,000. Annette Lewis (Executive Director, CRA): The next two were from last meeting, where the lighting was approved, however, we did not include a dollar value for the installation of said lighting. We have preliminary estimates from the designer. And for Item Number 4, the estimate is twenty-five thousand. And for the Item 5, it's forty-seven thousand. So even though we do have fifty thousand each, that was before we got the final estimates from the designer. Chairman Teele: So you're amending these amounts to not to exceed twenty-five, plus a contingency of -- Vice Chairman Winton: Up so 30. Ms. Lewis: Ten per -- Chairman Teele: -- thirty thousand and not to exceed fifty thousand for the other one? Vice Chairman Winton: Right. So moved. Chairman Teele: On Number 4, moved not to exceed thirty thousand dollars ($30,000) by Commissioner Winton. Seconded by Commissioner Gonzalez, I hope. Board Member Gonzalez: Second. Chairman Teele: Is there objection? All in favor say "aye." The Board Members (Collectively): Aye. The following resolution was introduced by Vice Chairman Winton, who moved its adoption: OMNI/CRA RESOLUTION NO. 02-18 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OMNI COMMUNITY REDEVELOPMENT AGENCY (CRA) AMENDING RESOLUTION OMNI R-02-13 AS IT RELATES TO THE INSTALLATION OF EXTERIOR LIGHTING FOR FIRESTATION NO. 2, STIPULATING AN AMOUNT NOT TO EXCEED $30,000. 111 February 14, 2002 0 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Board Member Angel Gonzalez NAYS: None. ABSENT: Board Member Tomas Regalado Board Member Joe Sanchez 112 February 14, 2002 • 34. AMEND RESOLUTION SEOPWICRA R-02-21 AS RELATES TO INSTALLATION OF EXTERIOR LIGHTING PROJECT FOR BANK BUILDING AND BIG TIME PRODUCTIONS, $50,000 EACH. Chairman Teele: On Number 5, it's not to exceed fifty thousand dollars ($50,000). Moved by Commissioner -- Vice Chairman Winton: Winton -- me. Yes. Moved. Board Member Gonzalez: And second. Chairman Teele: Second. All those in favor say "aye." The Board Members (Collectively): Aye. The following resolution was introduced by Vice Chainnan Winton, who moved its adoption: SEOPWICRA RESOLUTION NO. 02-30 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY (CRA) AMENDING RESOLUTION SEOPW/CRA R-02-21 AS IT RELATES TO THE INSTALLATION OF THE EXTERIOR LIGHTING PROJECT FOR THE BANK BUILDING AND BIG TIME PRODUCTIONS, STIPULATING AN AMOUNT NOT TO EXCEED $50,000 EACH. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Board Member Angel Gonzalez NAYS: None. ABSENT: Board Member Tomas Regalado Board Member Joe Sanchez 1 1 3 February 14, 2002 35. DIRECT ADMINISTRATION TO REQUEST POLICE CHIEF TO SET UP ONGOING OPERATION IN OVERTOWN, IN ORDER TO RECLAIM STREETS AND RUN DRUG DEALERS OUT. ACKNOWLEDGE WITHDRAWAL OF PUDGIE'S FAMOUS CHICKEN FRANCHISE FROM CONTRACT NEGOTIATIONS AND AUTHORIZE CRA EXECUTIVE DIRECTOR TO RE -ADVERTISE RFP FOR NATIONAL FOOD FRANCHISE FOR 30 DAYS AUTHORIZE EXECUTIVE DIRECTOR TO ENTER INTO CONTRACT WITH SUCCESSFUL QUALIFIED RESPONDENT. Chairman Teele: Number 4, of course, is a City building and you'll need those permits. Update from the Executive Director. Annette Lewis (Executive Director, CRA): Under Item 7-A, you have in your packages letters from Stephana Clark, who had won the original bid for the food franchise. They pulled out. So what this resolution is doing, in addition to accepting their withdrawal, it will allow us to re - advertise and all the steps to finding a new franchiser and making a negotiation to a contract. However, our resolution does not specifically state that it needs to come back to the board -- but that's understood -- before the final contract is awarded. Vice Chairman Winton: Recognizing that we're the CRA (Community Redevelopment Agency) not the City of Miami, I would like to -- and Commissioner Teele, you could help me here -- I want to make a request of the City of Miami, the Manager, which request would go on to the Chief of Police. In this particular location where you're trying to set up this food franchise operation, which is a -- Chairman Teele: Tough area. Vice Chairman Winton: -- I think a very good idea setting this up. I don't care who it is comes in. I don't care how much money they've got. It will fail in that location in today's environment, because it is an impossible location. And the only people that generally hang around that area -- the only people -- generally, the people that hang around that area don't have any disposable income. Many of them are drug dealers. And people from the neighborhood who have disposable income aren't going to go there. So the request I have is for the Manager to work with the Police Chief in setting up an ongoing operation in that whole part of Overtown -- in fact, we saw in the newspaper the other day that the only place in the City where crime has increased is in Overtown -- but to set up an operation that is ongoing to reclaim the streets of Overtown for the citizens of Overtown, and to run the drug dealers out. And, particularly, out of this area around 12"' and 14"', where we all know that all you have to do is drive by any time you want, any day of the week, and it's there. This program will fail until we get that kind of support from the City of Miami. So I don't know how we go about doing that from CRA to the City. Chairman Teele: Commissioner, let me tell you. You don't know how helpful your comment is. First of all, Mayor -- the Police Chief, Raul Martinez, is here and taking note. And I want to put on the record two things. First, any franchise -- when we called -- when we talked about this, the original document called this a pioneer. And, literally, we saw this as a guide, just like the covered wagon going across the American plains. This is a pioneer franchise. That's what the 114 February 14, 2002 0 original document talks about, setting up an outpost. And what we envision is -- whoever goes in there is literally going to have a clear sweetheart deal from the CRA to be there. In fact, we talked in the bid document about accepting payments for police and security in lieu of payment to the CRA. So what we saw in there was having full-time police or full-time security guards to help secure the area. However, this area that we're talking about -- between 3"d Avenue and the railroad track, between 14`x' Street and let's say 10t" Street, but more particularly, 12"' Street, which is where this is -- is a very difficult area, Commissioner. The Police Department has -- I mean, they've gone 100 miles an hour in one direction. They've gone in reverse and had to go back. And let me just say this to you. Virtually every major civil disturbance in this community, from the `80s, even in the `70s, began in Overtown. You have a lot of people standing around. A lot of people frustrated, et cetera. The police have a real challenge. Do you really go out here quote and "enforce" the kind of loitering and drug lookouting (sic) and all of that, when you -- especially when you -- coming off of a situation like we did six months ago, in terms of, candidly, a shooting and a killing right there. And so, you know, the police, I think, are doing a tremendous job in the Overtown area, given the mixed kinds of responses that we have. There's a lot of law-abiding people that are here in this audience that are frustrated with the criminality. And make no mistake about it, on 2"d Avenue -- Northwest 2`1 Avenue and Northwest 12`h Street, you can go there right here, right now today and buy drugs and anything and the police know it. There was a talk about going in with a strong enforcement action in there. And then they looked at it again, and I don't know where they stand on that. But it's a very mixed kind of issue. And it's the same area in which, you know, the community has come down and protested on being harassed. I get more calls of police harassment from the Overtown area than all my other areas combined, and that's because people really feel put upon. And so I just want to give Mayor Marti -- I'm sorry, Raul Martinez an opportunity to comment on this. But, Johnny, the point that I want to make, from a business point of view, that you put your finger on, we, the CRA, are going to have to be very proactive and supportive if we get a franchisee to come in here, because they literally are going to have to help us stabilize the neighborhood. So, Raul. Chief Raul Martinez: Yes, sir. Raul Martinez, Chief of Police. And Commissioner Winton, I'd like to clarify a couple of points about Overtown, on Overtown's behalf. Overtown has this reputation of criminality, but in reality, within the 12 NET (Neighborhood Enhancement Team) areas that we have, they have the least of all crimes by far. I mean, they're like maybe 40 or 50 percent of the criminality is what happens in Little Haiti and Allapattah and some of the others. Now they're a lot smaller. There's less population. So you've got to take that into account. There's about 15, 1600 crimes per year in Overtown. There's about 3400, 3500, 3600, 4,000 in some of the other areas. So they're a lot -- they're 12 in crime in the NET areas. At the same time, as far as enforcement efforts, they're about a third or fourth of arrests. Third or fourth in the areas that we make the most arrests. And we are doing enforcement. You know, we try to do sensible enforcement at the same time. You know, we do a lot of drug arrests. And, you know, we do stings. We try to -- you know, but we're asking ourselves is that the right way to keep drugs out of Overtown. And sometimes it's putting -- sometimes we just put a police officer there for 24 hours to make sure they're not going to deal today when the officer's there. They may deal around the corner because there's too many corners to do that. So we do have a lot of aggressive enforcement with sensitivity in Overtown. It is not -- even though crime did go up because they have so very few crimes in Overtown, if you had 100 robberies in the year 2000 and you had 110 robberies this year, it's a 10 percent increase, which sounds a lot, when some of 115 February 14, 2002 • 0 the other areas would love to have 110 robberies only in their NET area. So, it's not apples to apples because it's very low -- the base is very low of crime. We do have a lot of enforcement. We are putting some additional plans to address because it has been tickling up in the last couple of years. And we're putting additional resources, not just the Overtown officers, not just the problem solving team, but department -wide to address this as a department. That is the tactics that we use. When there's a neighborhood that shows an inkling up of the crime, we put all the resources we can to bring it back down to an appropriate level. Vice Chairman Winton: Well -- and I understand all that, but that said, I go into Overtown plenty often and I can tell you and Commissioner Teele's going to tell you, and everybody else that lives in that community is going to tell you, at 12"' -- and I think it's 12°i and 14th -- between 3rd and 2"' -- Chairman Teele: Third and 1St. You're exactly right. Vice Chairman Winton: Third and 1" is an ab -- it's a bad zone. And the bad guys hang out there day time, night time, all time. And I'm -- Chairman Teele: And what snakes it even worse is it's directly in front of a school. Vice Chairman Winton: Absolutely. Chairman Teele: Directly in front of a school. Vice Chairman Winton: And I've met with the principal of the school and had a tour of the school and there's a real concern there. And I know how challenging this -- I understand the point that Commissioner Teele made. There's some real sensitivity, some real challenges, but -- and maybe you need our help in some way, and I'll be glad to do that. But at the end of the day, I think we have to come up with some sort of strategy -- and I'm not saying that what we've -- all we've done in the past is -- I don't even know. But if you -- I think we have to come up with a strategy where, some way or another, we're all together and we're going to make a real decision. And the decision is, the bad guys are going. And how we get at that we may do very differently there than we've ever done anywhere else and I'm in favor of that. But I think we have to, at the end of the day, make the commitment that the bad guys are going. Chief Martinez: And, Commissioner, we agree and I agree with you with those locations. What we need beyond what you and Commissioner Teele and I want to do is -- and it's difficult to do this. It's difficult to do what a community -- when 99 percent of the community is a good community but they're afraid, for them to say, "Enough." But it did happen on 15th Avenue when they said, "Enough," and they kicked out all the bad guys. And it did happen in some other neighborhoods, even in Overtown. Because it wasn't just one area in Overtown. It was all over in Overtown, 8`h Street, 9th Street, 10th Street. You know, I remember when they could buy narcotics in the area many years ago. That doesn't happen all throughout. It happens in more places than we would like to but, you know, we would be more than glad to find -- to ask questions, you know, how can we solve this problem and do it, you know, still putting bad guys in jail but not creating a situation that may erupt into something we don't want to happen. 116 February 14, 2002 Vice Chairman Winton: Well, I would like you to think about it and then come back to us -- to Commissioner Teele, primarily. And if y'all want my help, I'm always available to help. But think about what the -- what a concerted plan might be, what the resources are for that plan, and come back to us and let's talk about that. Chief Martinez: Yes, sir. Vice Chairman Winton: Thank you, sir. Chairman Teele: Commissioner, before you drop this issue -- and in particular, Chief, 14`x' Street, from where the Corrections Center is down at the Justice Center, has become a major transient and pedestrian highway of people being released from jail and they're making their way to the bay. Unfortunately, to make their way to the bay, the come right through Overtown. They cross 3'"d Avenue. They go straight up 14`x' Street. They go right into Commissioner Winton's district. They leave from Commissioner Gonzalcz's district and walls through mine and go right through Commissioner Winton and we -- and I know that you've raised this issue before, Commissioner Winton, at the Big Time Production and the fire station, the area where we just talked about putting lighting, Chief, We're talking about putting lighting on the walls and -- not only to try to make the area more beautiful, but to try to keep the vagrants out of the way. If you walk along 14`x' Street, people are looking for drugs. People are laying down in front of the old Dorsey Skill Center. And as we look at this whole thing, we've got to do something about it. Chief Martinez: And, Commissioner -- and I know I've said this to Commissioner Winton many times or some of you many times -- if there's one thing that we could do that would immediately help the appearance of Miami, the criminality of Miami, is if we could force the County, convince the County, twist the County's arm not to release every arrestee countywide into the City of Miami. It affects Allapattah. It affects East Little Havana. It affects downtown because they do not walk back to Homestead. They don't walk back to Florida City. They don't walk back to Opa Locka. They stay arrested on a daily basis. They sleep in our streets, in our door fronts. And I think -- and I said this to our communities (INAUDIBLE). I said it last night at Shenandoah meeting where I was at. I think we've got to start putting pressure on those County Commissioners that represent the City saying, "Why is the arrestee from Homestead getting, released in 12`x' Avenue and 14"' Street?" And, therefore, they become a City of Miami resident for the rest of their life. Vice Chainnan Winton: But it just shows you one more issue where there's a significant burden placed on the City of Miami and it's a County issue, not a City of Miami issue, and we can't ever seem to -- you know, as much as we all want to talk about cooperation -- and we've had a lot of cooperation lately -- we can't seem to get the really intractable issues resolved by the County. And maybe the Chief is right. We probably need to each redouble our efforts at dealing with our counterparts at the County. And in every single instance, the counterparts that I deal with have been very, very supportive of our issues because it's the same constituents. So maybe we all have to redouble our efforts to get to our Commission. 117 February 14, 2002 • Board Member Regalado: Mr. Chairman, whatever we do has to be done before the September elections in the County. There is an idea that we can bring to them. There's got to be some small pot of money that the County has. There is a situation with the taxi drivers. The taxi drivers have been very critical of the County. Because of 9111, they have lost a lot of work. Now, my idea is to suggest to the County: Every time that you're going to release a prisoner, call a taxi. Take him to Cutler Ridge or to Opa Locka, where they were arrested. Vice Chairman Winton: Wherever they came from. Board Member Gonzalez: Wherever they came from. Board Member Regalado: Wherever they came from. Because, you know, I've seen Coral Gables Police cars dropping homeless in downtown Miami and that's a reality. And they go out of their way to get them out of the City. So, by doing that, the County will be helping the taxi driver industry, and we will have several weeks or months of, you know, tranquility in that area. And I think if they can coordinate that, they just need to call a taxi and, you know, pay the taxi cab a fixed amount of dollars and say, you know, take this person to whatever he or she came from. And that is the same with the women's jail in 536. So I'm willing to propose that to my County Commissioner, which is now Bruno Barrero, to Jimmy Morales, which used to represent me as a constituent and I have a very good relationship with him. Rebeca Sosa, I work with her every week. You all work with Barbara and -- Vice Chairman Winton: And Bruno and Jimmy. Board Member Regalado: -- and Bruno and Jimmy. So, you know, we should do it. I think that we should try because it helps everybody. The taxi industry needs help and it's a nice thing for the County to offer transport to these people back to where they came from. Vice Chairman Winton: You know -- and this is one last aside on this issue. But the County, a couple of years ago, Commissioner Regalado, opened a processing center up by the Golden Glades Interchange. When they opened that processing center up there, the number of homeless people in downtown and our areas dropped precipitously. However, because the County is in the municipal business, in addition to the regional business that it should be focusing on, it has its own municipal services that it provides. And so, the County Commissioner up in that area, which is Unincorporated Dade, that Commissioner is looking after municipal issues, not regional issues and convinced the County that they no longer had the funding available to keep that center opened, and so they closed it down, which is in direct conflict, from a municipal standpoint, a direct conflict with our municipality. And that's the kind of stuff that the County always gets bogged down in, is the issues about municipal government, which are always in direct conflict with us, which is why they need to get out of municipal government entirely. That's a different issue. Board Member Gonzalez: Mr. Chairman, if you allow me. Now that we have the Police Chief present, I would like to take this opportunity -- it has nothing to do with the CRA, but I would like to commend the Police Department. I reported to the Chief's Office an operation that was going on in District 1, between Flagami and Redland Heights, where cars had been stolen 119 February 14, 2002 • everyday. One day we found seven cars stripped. And I reported it to the Chief and they took action. And within two weeks, they disassembled the operation and they made six. arrests. And thank you, Chief -- Chief Martinez: Thank you, Commissioner. Board Member Gonzalez: Thank you and thank your department -- Chief Martinez: The officers. Board Member Gonzalez: -- and your officers, OK. Chief Martinez: Thank you, Commissioner. Board Member Gonzalez: Thank you. Vice Chairman Winton: OK. Commissioner Teele, I'm sorry. Chairman Teele: On Item Number 7-A, which is to reject the -- to accept the withdrawal and return the funds and to authorize the re -bid -- Vice Chairman Winton: So moved. Chairman Teele: Seven -A is moved by Commissioner Winton, seconded by Commissioner Gonzalez. Board Member Gonzalez: Thank you, sir. Chairman Teele: Is there objection? All those in favor say "aye." The Board Members (Collectively): Aye. Chairman Teele: All opposed, "no." 119 February 14, 2002 The following resolution was introduced by Vice Chainnan Winton, who moved its adoption: SEOPW/CRA RESOLUTION NO. 02-31 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY (CRA) ACKNOWLEDGING THE WITHDRAWAL OF PUDGIE'S FAMOUS CHICKEN FRANCHISE FROM THE CONTRACT NEGOTIATIONS AND FURTHER AUTHORIZING THE CRA EXECUTIVE DIRECTOR TO RE - ADVERTISE THE RFP FOR A NATIONAL FOOD FRANCHISE FOR A PERIOD OF 30 DAYS IN MEDIA PUBLICATION(S) OF GENERAL CIRCULATION, AND FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO ENTER INTO A CONTRACT WITH THE SUCCESSFUL QUALIFIED RESPONDENT, IN A FORM ACCEPTABLE TO THE CRA GENERAL COUNSEL. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Board Member Angel Gonzdlez Board Member Tomas Regalado NAYS: None. ABSENT: Board Member Joe Sanchez 120 February 14, 2002 0 36. DIRECT CRA DIRECTOR OF CONSTRUCTION MANAGEMENT TO HAVE NEIGHBORHOOD GATHERING/PARTY FOR RESIDENTS AROUND AREA OF 9""' STREET PEDESTRIAN MALL FOR PURPOSE OF INFORMING THEM OF PROPOSED FENCING PROJECT TO BE CONSTRUCTED IN AREA; DIRECTOR TO COME BACK TO BOARD WITH TIMELINE WHEN PROJECT IS ESTIMATED TO BE COMPLETED. Chainnan Teele: Update on W.H.E. Enterprises. That's -- Annette Lewis (Executive Director, CRA): I'd like to withdraw that item, sir. Chairman Teele: All right. And -- Ms. Lewis: As well as Number 8. Chairman Teele: All right. Would you all make sure you all coordinate with Commissioner Winton on -- Vice Chairman Winton: She already has. Chairman Teele: Oh, OK. All right. Let's just go through this other stuff. We passed out -- I wasn't aware when we talked about 9"' Street Mall, but the CRA (Community Redevelopment Agency) staff passed out a document that says "W" Street Pedestrian Mall Fencing." I want to just ask everybody to look at this very closely, Commissioner Regalado. Because the last two pages shows the conditions as they are. And this is what we're trying to correct. And I just wanted to bring to everyone's attention what it looks like right now. And it doesn't make sense for us to ask people to spend money because we're doing something. And if I may, just as one point of some personal positive things. The person who's doing this is a young architect who graduated from Howard, who's doing the internship at the CRA. And I would just like to introduce -- Ms. Lewis, if you would bring the architect -- the -- he's studying to be an architect - - he's graduated and he's doing his internship at the CRA under the supervision of the architect of the City, and he's working closely with Public Works and the architect. So, Ms. Lewis -- Ms. Lewis: Right. Mr. Allan Poms. Chairman Teele: -- why don't you introduce him? Ms. Lewis: This is Mr. Grant, Mr. Neko Grant, who we're happy to have on staff at the CRA and -- Vice Chairman Winton: Good work. Neko Grant: Thanks. Ms. Lewis: It's a great training ground, right? 121 February 14, 2002 Chairman Teele: How are you and Mr. Poms doing? Are you reporting to him? Because he's the one who's got -- Ms, Lewis -- and we can't sign your certificate to the AIA (American Institute of Architects). So it's Mr. Pours who you've got to satisfy. Is he satisfied with your work? Mr. Grant. I think so. Chairman Tecle: Just give us your name and address for the record. Mr. Grant: Neko Grant, CRA, 300 Biscayne Boulevard Way. Vice Chairman Winton: Great work, Chairman Teele: Thank you, Mr. Grant. Board Member Regalado: Mr. Chairman. Chairman Teele: Yes, sir. Board Member Regalado: So what you provide here on the 9`h Street Pedestrian Mall Fencing Project is -- on the last three pages, how it looks today? Chairman Teele: The last two pages, yes, sir, is how it looks right now. Board Member Regalado: And the first three pages -- Chairman Teele: The first two pages that I have here -- Board Member Regalado: Right. Chairman Teele: -- is what they're proposing to do. And we just approved them to go ahead and start designing this. And we're going to provide an in-kind grant to the property owners who are adjacent to where the 9th Street Mall is going to come across to 3rd Avenue. And, hopefully, that's the way it will look. Board Member Regalado: Can we place some -- can we do sort of a gathering with the residents and show them what this means to the area and show the pictures and, you know, have some refreshments and some that? I mean -- because, you know, it's about maximizing the participation of the residents and giving them hope. The people of Overtown, like the people of West Little Havana, have always had their hopes postponed. You know, they have been promised and promised and promised. And -- Ms. Lewis: Commissioner -- oh, I'm sorry. Board Member Regalado: -- nothing has been done. So if we are able to tell thein, you know, there is a time table and we will be able to do by the year, you know, 2003, this will look that. 122 February 14, 2002 Chairman Teele: Mr, Hernandez, Madam Director, why don't you give us what the timeline is on this, and then I think we will accept that as an instruction that when we get the permits pulled, we'll go down and work with everybody. I mean, we're working with the homeowners now, but I think to have the neighborhood kind of meeting that you're talking about, Ms. Lewis: Well, sir, we did have an advisory group for the 9"' Street Mall and they have taken a look, with WRT (Wallace Roberts & Todd) and some other and Metric Engineering and H.J. Ross. Chairman Teele: Yeah. But -- Ms. Lewis: So -- Chairman Teele: -- you're hearing what the Direct -- the Commissioner is saying. Board Member Regalado: Yeah. But I'm talking about a party. I'm talking about a party. Ms. Lewis: OK. Board Member Regalado: I mean, you know why? You know why? Because when something good happens in Overtown, we need to celebrate. David Hernandez: David Hernandez, Director of Construction Management, CRA. And I totally agree. We're on our way and we're moving steadfastly to get this 9`" Street Mall. And we could start construction probably anywhere between 60 to 90 days. We could start getting bids out and get this thing rolling. Chairman Teele: We authorized you, one year ago -- not you personally but you, the institution, one year ago, to issue the bid. So you have that authority from the board. We're just waiting for you to -- so you're telling us, within 60 days, you'll have them on the street? Mr. Hernandez: As what we're doing right now, we could get it on -- this thing rolling. We could have this going. Probably the only thing that we might be having a little bit is trying to get these utilities to get them cranking, but we're working on that presently right now. Chairman Teele: David, I think what's really important, though, is that you give the Commission, the CRA, and the public a little bit of understanding that the first thing we've got to do is do the utility work, which is being done now. Then we do the road work. Mr. Hernandez: That is correct. Chairman Teele: And then the last thing, of course, that gets done is the fencing and the other -- Mr. Hernandez: And the decoratives. 123 February 14, 2002 • Chairman Teele: And so -- Mr. Hernandez: The lighting and the fencing will be the last thing. But we first -- first and foremost, we need to get the utilities underground. Chairman Teele: Can we have this completed by the end of the summer? No. Can we have it done by Christmas? Mr. Hernandez: Once we start construction, I could tell you -- I would have a much better date at that moment in time. When we get the bids out and we can start construction, I could give you -- I could come back to the board and give a correct timeframe. Chairman Teele: Well, please, come back to us and let us know when we can have the kickoff, as it relates to the recommendations of Commissioner Regalado. Mr. Hernandez: OK. Chairman Teele: Because we do want to do that in the community. Board Member Gonzalez: Mr. Chairman. Chairman Teele: Commissioner -- Board Member Gonzalez. Board Member Gonzalez: You wouldn't believe but I was talking about this -- exactly this issue about a month ago in reference to commercial districts. As you know, the City of Miami has put hundreds of thousands of dollars out there to improve commercial fagades and to improve commercial corridors in our City. And you find a situation where maybe the City has spent probably eighty thousand dollars {$$0,000} in an entire block or two blocks to improve the appearance of the commercial area. And then you have a business that has a fence -- a chain link fence that is a mess and whatever you invested in trying to bring up the other properties, this property is pulling down. So I congratulate on this and I hope that when time comes, maybe we can consider this to use citywide for also commercial corridors. Chairman Teele: Well, I will say this, as our Mayor walks in. I will say this. You won't believe this. That at 12:30 today, I was meeting with the Community Director -- Community Development Director saying how the fencing along 12"' -- Southwest 12`t' Avenue and 15'h Street this morning makes such a difference in the neighborhood. And one of the things that we should consider is malting fencing an eligible activity along with fagade. Board Member Gonzalez: With the -- exactly. Chairman Tecle: So we'll have that opportunity, I guess, in the -- Board Member Gonzalez: We can do it either as part of a fayade program (UNINTELLIGIBLE) or as a part of the Code compliance program. But it's a great idea and it makes a big difference in the neighborhood. 124 February 14, 2002 37. AUTHORIZE CRA EXECUTIVE DIRECTOR TO DESIGNATE $250,000 FROM CLUC 90 FUNDS FROM COMMUNITY DEVELOPMENT ALLOCATIONS TO PURCHASE REAL PROPERTY SITUATED AT 365 NW. 8 STREET PURSUANT TO F.S. 163, Chairman Teele: All right. I saw our Mayor come in. If somebody -- would you see if the Mayor could just come back? We'd like to at least acknowledge Mr. Abreau. Final actions on the so-called pocket item number 1. What is that, ma'am? .lust read it into the record. I don't have it here. Annette Lewis (Executive Director, CRA): Resolution authorizing the CRA (Community Redevelopment Agency) Executive Director to designate funds in the amount of two hundred and fifty thousand dollars ($250,000) from CLUC-90 (County Land Usage Code) funds in the amount of two hundred and fifty thousand dollars ($250,000) from CLUC-90 funds from Community Redevelopment allocations to purchase the real property situated at 365 Northwest 8`t' Street pursuant to Florida Stats 163, which is the -- Chairman Teele: So this is authorizing the CRA Executive Director to work with the City to make funds available for the City to do certain things that would impact the CRA redevelopment area; is that right? Ms. Lewis: That is correct, sir. Chairman Teele: Would you move it, Commissioner Regalado? Board Member Regalado: Yes, I'll move that item. Chairman Tecle: This is pocket item number 1, authorizing the CRA Executive Director to work with the City to make available CDBG (Community Development Block Grant) funds designated for so -- in effect, rather than giving the money back, they're just going to use the funds for the redevelopment purpose. Vice Chairman Winton: So moved. Chairman Teele: Moved by Commissioner Winton. Board Member Regalado: Second. Chairman Teele: All those in favor say "aye." 125 February 14, 2002 0 0 The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: SEOPW/CRA RESOLUTION NO. 03-32 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY (CRA) AUTHORIZING THE CRA EXECUTIVE DIRECTOR TO DESIGNATED FUNDS IN THE AMOUNT OF $250,000 FROM CLUC 90 FUNDS FROM COMMUNITY DEVELOPMENT ALLOCATIONS TO PURCHASE THE REAL PROPERTY SITUATED AT 365 NW, 8 STREET PURSUANT TO F.S. 163. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Regalado, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Board Member Angel Gonzalez Board Member Tomas Regalado NAYS: None ABSENT: Board Member Joe Sanchez 126 February 14, 2002 38. OFFICE OF DISTRICT SECRETARY OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) JOSE ABREU TO WORK WITH MANAGER AND CITY ATTORNEY TO AID CRA IN EMINENT DOMAIN PROCEEDINGS. Chairman Teele: I'd like to pause, if you would, and acknowledge not our Mayor, but our distinguished guest that we have here today. And, please, Mr. Mayor, if you all would just come forward. We'd like to say some really nice things about this gentleman that's with you. I'm really happy he's over here, but we're honored to have the District Secretary for the DOT (Department of Transportation), Jose Abreu. And, Jose, the City Attorney was just reporting to us today that your office has agreed to work with the City Manager and City Attorney in working with us in eminent domain, making your entire offices available. And I'd like to publicly -- I know Commissioner Winton and those of us that have been working closely with you have a lot of good things to say about the new attitude. And I want to say it on the record, the attitude and relationship between the Florida DOT and the City has never been better. And if you would -- Jose Abreu: Thank you, sir. Appreciate that. Thank you. Looking forward to it. Chairman Teele: Why don't you just say your name for the record? Because people are watching it. Mr. Abreu: I'm Jose Abreu with the Florida Department of Transportation. And it's a real pleasure to be here. And thank you for your words. I'm really looking forward working with you. Board Member Regalado: Mr. Chairman, although we are in the middle of a CRA meeting, I would like to say that I want to thank you, Jose, for the job that you're doing in the Coral Way re -pavement project. I have to tell you that for months and months this was in the planning stages and there is no one single merchant in Coral Way that was not personally informed by DOT or the representative (UNINTELLIGIBLE) consultant, and by myself. And I have to tell you also a story. FDOT (Florida Department of Transportation) has gone beyond and above the call of duty. Because there was a lady in my district that was very concerned about the trees in the median. And FDOT hired an arborist so they would address her concerns. She was including -- she was threatening to chain herself to one of the trees if you were to cut one of the trees. But let me tell you. I have been sending the members of the Commission -- I know that they don't read my thing, but I've been sending reports about the reports that you sent of the daily work in Coral Way. And let me tell you, Jose, what you're doing in Coral Way is extraordinary. There is no -- I mean, the traffic jam is minimal. The work is being done very quick and clean. And I just hope that we can finish this project as soon as possible, sooner than expected, but I am sure that it's going to be great and that it's going to look -- and we're going to have one of the best roads in Dade County in the Coral Way area. Mr. Abreu: I appreciate it, Commissioner. As far as the tree lady, you know, we worked with her but we also informed her that she needed a permit in order to chain herself to one of our trees. It worked out fine. 127 February 14, 2002 Board Member Regalado: And the last thing, please remember to do the work that we promised to our Lady of Lebanon Church in the parking lot, because the roots are still in the drainage and we need to get those roots out of there. Mr. Abreu: Looking into it. Board Member Gonzalez: Mr. Chairman, I also would like to take the opportunity to commend Mr. Abreu, because throughout the Allapattah community, I had the opportunity many, many times to touch -- Mr. Abreu made requests for improvements in our community. And Mr. Abreu has always been present and has always been very receptive to every need of our community. So I want to thank you -- Mr. Abreu: Thank you, sir. Board Member Gonzalez: -- and now we're working on some new projects in District 1. So thank you very much. Mr. Abreu: Thank you. Commissioner, if I will. If you allow me to introduce my two directors of Production, John Martinez, and Operations, Gus (UNINTELLIGIBLE). And really, they're the guys that do everything. Chairman Teele: Thank you. Mr. Mayor -- Board Member Gonzalez: Thank you very much. Chairman Teele: -- I don't know what Mr. Abreu is forinally here for, but what a difference a couple of years make. The last time I saw him he was on the run, shooting, as he left, over his shoulder trying to keep everybody away. Mr. Abreu: I know I just told him. Chairman Teele: You told him? So this is really a good time to be Mayor of Miami, I think, in our relationship with DOT, because, Mr. Mayor, it's never been better. And I really appreciate you all having him over and we all do. Mr. Abreu: Thank you, sir. I'm still waiting for my key, though. Chairman Teele: I'm sure the Mayor's going to take care of that today. 128 February 14, 2002 0 9 39. AUTHORIZE ENGAGEMENT OF COUNSEL TO REPRESENT CRA IN MIAMI-DADE COUNTY VS, CITY AND SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, $25,000 PLUS COSTS AS APPROVED BY GENERAL COUNSEL; ALLOCATE FROM T.I.F. IN FISCAL YEAR 2002. Chairman Teele: The last two items on the agenda -- would you read the Item Number 2, Ms. Director, into the record? Annette Lewis (Executive Director, CRA): We have -- (UNINTELLIGIBLE) to the pocket items, sir, because -- Chairman Teele: Yeah. Ms. Lewis: -- we weren't finished with the agenda. Chairman Teele: We finished pocket item 1, didn't we? Ms. Lewis: Yes, we did. Chairman Teele: Well, what's -- Ms. Lewis: Number 2 is the resolution of the Board of Directors of the Southeast Community -- Park West -- I'm sorry -- Southeast OvertownlPark West Community Redevelopment Agency authorizing the engagement of counsel to represent the CRA (Community Redevelopment Agency) in the matter of Miami -Dade County versus City of Miami and Southeast Overtown Park West Community Redevelopment Agency, 11 "' Judicial Circuit Court, case number 01 13810 CA -- Vice Chairman Winton: So moved. Board Member Gonzalez: Second. Chairman Teele: Is there objection? All in favor say "aye." The Board Members (Collectively): Aye. 129 February 14, 2002 The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: SEOPW/CRA RESOLUTION NO. 03-33 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY (CRA) AUTHORIZING THE ENGAGEMENT OF COUNSEL TO REPRESENT THE CRA IN THE MATTER OF MIAMI-DADE COUNTY VS. CITY OF MIAMI AND SOUTHEAST OVERTOWNIPARK WEST COMMUNITY REDEVELOPMENT AGENCY, ELEVENTH JUDICIAL CIRCUIT CASE NO, 01-13810 CA (08), IN THE AMOUNT OF $25,000 PLUS COSTS AS APPROVED BY GENERAL COUNSEL; ALLOCATING FUNDS FROM ACCOUNT CODE NO. T.I.F. 689001, IN FISCAL YEAR 2002 FOR SAID SERVICES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Board Member Angel Gonzalez NAYS: None ABSENT: Board Member Tomas Regalado Board Member Joe Sanchez 130 February 14, 2002 40. AUTHORIZE EXECUTIVE SESSION WITH HOLLAND & KNIGHT LLP TO DISCUSS SETTLEMENT NEGOTIATIONS AND STRATEGIC PLANNING RELATED TO PENDING LITIGATION IN SOUTHEAST OVERTOWNIPARK WEST COMMUNITY REDEVELOPMENT AGENCY VS. POINCIANA VILLAGE IN CONNECTION WITH POINCIANA VILLAGE PROJECT. Chairman Teele: Third one. Annette Lewis (Executive Director, CRA): The third is companion to Item 9 on our agenda. This needs to be -- we need to publicly announce time certain for a legal strategy because these would be executive sessions for three cases. It's litigation in case number styled Southeast Overtown/Parlc West Community Redevelopment Agency versus Poinciana Village of Miami Limited, pending litigation in connection with Poinciana Village Project -- Chairman Teele: All right. Is there a motion on that? That's at 9 a.m., on March 25`x', at the City Hall. Board Member Gonzalcz: So moved. Vice Chairman Winton: Are all these going to be at the same time? Chairman Teele: Same time, yes. Vice Chairman Winton: So can we just quickly put them all in the same pot and say "yes." Chairman Teele: Mr. Attorney, can we -- (COMMENTS OFF THE RECORD) Ms. Lewis: We have to have three motions`? Alejandro Vilarello (City Attorney): Three separate cases. Vice Chairman Winton: So let's put each one in -- Chainnan Teele: All right. Pocket Item Number 3 is moved by Commissioner -- Vice Chairman Winton: So moved. Board Member Gonzalcz: Second. Chairman Teele: All those in favor say "aye." The Board Members (Collectively): Aye. 131 February 14, 2002 0 The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: SEOPW/CRA RESOLUTION NO. 03-34 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY (CRA) AUTHORIZING AN EXECUTIVE SESSION WITH HOLLAND & KNIGHT LLP AS SPECIAL COUNSEL TO THE CRA TO DISCUSS SETTLEMENT NEGOTIATIONS AND STRATEGIC PLANNING RELATED TO THE PENDING LITIGATION IN CASE STYLED SOUTI1EAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY VS. POINCIANA VILLAGE OF MIAMI, LTD. (THE "PENDING LITIGATION') IN CONNECTION WITH THE POINCIANA VILLAGE PROJECT (THE "PROJECT"). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Tecle, Jr. Vice Chairman Johnny L. Winton Board Member Angel Gonzalez NAYS: None ABSENT: Board Member Tomas Regalado Board Member Joe Sanchez 132 February 14, 2002 0 • 41. AUTHORIZE EXECUTIVE SESSION WITH HOLLAND & KNIGHT LLP TO DISCUSS SETTLEMENT NEGOTIATIONS AND STRATEGIC PLANNING RELATED TO PENDING LITIGATION IN CITY AND SOUTHEAST OVERTOWNIPARK WEST COMMUNITY REDEVELOPMENT AGENCY VS. SAWYER'S WALK LTD. IN CONNECTION WITH SAWYERS WALK PROJECT. Chairman Teele: Number 4. Vice Chairman Winton: So moved. Chairman Teele: Is there a second? Board Member Gonzalez: Second. Chairman Teele: All those in favor say "aye." The Board Members (Collectively): Aye. The following resolution was introduced by Vice Chaiiman Winton, who moved for its adoption: SEOPW/CRA RESOLUTION NO. 03-35 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY (CRA) AUTHORIZING AN EXECUTIVE SESSION WITH HOLLAND & KNIGHT LLP AS SPECIAL COUNSEL TO THE CRA TO DISCUSS SETTLEMENT NEGOTIATIONS AND STRATEGIC PLANNING RELATED TO THE PENDING LITIGATION IN CASE NO. 00-28860 (CA 09) STYLED CITY OF MIAMI AND SOUTHEAST OVE'RTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY VS. SAWYER'S WALK LTD. (THE "PENDING LITIGATION") IN CONNECTION WITH THE SAWYERS WALK PROJECT (THE "PROJECT"). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Board Member Angel Gonzalez NAYS: None ABSENT: Board Member Tomas Regalado Board Member Joe Sanchez 133 February 14, 2002 • 0 42. AUTHORIZE EXECUTIVE SESSION WITH HOLLAND & KNIGHT LLP TO DISCUSS SETTLEMENT NEGOTIATIONS AND STRATEGIC PLANNING RELATED TO PENDING LITIGATION IN CITY AND SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY VS. LYRIC VILLAGE HOUSING, INC. AND ST. JOHN'S COMMUNITY DEVELOPMENT CORPORATION IN CONNECTION WITH LYRIC VILLAGE PROJECT. Chairman Teele: And Number 5. Vice Chairman Winton: So moved. Board Member Gonzdlez: Second. Chairman Teele: All those -- is there objection? All those in favor say "aye." The Board Members (Collectively): Aye. Chairman Teele: All those opposed? The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: SEOPW/CRA RESOLUTION NO. 03-36 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWNIPARK WEST COMMUNITY REDEVELOPMENT AGENCY (CRA) AUTHORIZING AN EXECUTIVE SESSION WITH HOLLAND & KNIGHT LLP AS SPECIAL COUNSEL TO THE CRA TO DISCUSS SETTLEMENT NEGOTIATIONS AND STRATEGIC PLANNING RELATED TO THE PENDING LITIGATION IN CASE NO. 00-30414 (CA 13) STYLED CITY OF MIAMI AND SOUTHEAST 0 VER TO WNIPARK WEST COMMUNITY REDEVELOPMENT AGENCY VS. LYRIC VILLAGE HOUSING, INC. AND ST. JOHN'S COMMUNITY DEVELOPMENT CORPORATION (THE "PENDING LITIGATION") IN CONNECTION WITH THE LYRIC VILLAGE PROJECT (THE "PROJECT"). 134 February 14, 2002 • (Here follows body of resolution, omitted here and on file in the Office of the City Cleric.) Upon being seconded by Board Member Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Board Member Angel Gonzalez NAYS: None ABSENT: Board Member Tomas Regalado Board Member Joe Sanchez 135 February 14, 2002 43. AUTHORIZE EXTENSION OF 45 DAYS FOR CRA EXECUTIVE DIRECTOR TO COMPLETE RELIEF PLAN IN CONNECTION WITH POINCIANA VILLAGE. Chairman Teele: All right. Now what else do we have — we have to take up today the Poinciana Relief -- Annette Lewis (Executive Director, CRA): Right. I'm requesting an extension of 45 days to complete that -- the recommendations -- the Executive Director's recommendation as it relates to the relief plan discussed -- Vice Chairman Winton: So moved. Chairman Tecle: Moved by Commissioner Winton. Is there objection? Second -- Board Member Gonzalez: Second. Chairman Teele: All those in favor say "aye." The Board Members (Collectively): Aye. The following motion was introduced by Vice Chairman Winton, who moved its adoption: SEOPW/CRA MOTION NO. 03-37 A MOTION AUTHORIZING THE EXTENSION OF 45 DAYS FOR THE CRA EXECUTIVE DIRECTOR TO COMPLETE THE RELIEF PLAN IN CONNECTION WITH POINCIANA VILLAGE. Upon being seconded by Board Member Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Board Member Angel Gonzalez NAYS: None ABSENT: Board Member Tomas Regalado Board Member Joe Sanchez Ms. Lewis: And for the next -- let's withdraw Item 7-D. Chairman Teele: Without objection. Ms. Lewis: That would be -- 136 February 14, 2002 0 Board Member Gonzdlez: 7-13. Ms. Lewis: -- the update on P -S. Chairman Teele: 7-B, 7-D and S are all withdrawn. Ms. Lewis: That is correct. 0 137 February 14, 2002 44. (a) BOARD MEMBER GONZALEZ DESIGNATED TO SERVE AS STATE LEGISLATIVE OVERSEER AND EXECUTIVE DIRECTOR TO REPORT TO BOARD MEMBER GONZALEZ WITH CONCERNS REGARDING ANY PROPOSED STATE LEGISLATIVE BILLS THAT MAY AFFECT CRA. (b) DIRECT TO CRA DIRECTOR OF CONSTRUCTION MANAGEMENT TO PROVIDE BOARD WITH COPY OF RECOMMENDATIONS, TALLY SHEETS AND EVALUATIONS FROM SELECTION COMMITTEE WHICH REVIEWED PROPOSALS FOR CONSTRUCTION MANAGERS AT -RISK FOR VARIOUS DEVELOPMENT PROJECTS. Chairman Teele: Is there any other matter to come before us? Annette Lewis (Executive Director, CRA): I would like to bring to your attention two House bills that are currently on the floor at the State of Florida. One is House bill 2170 and the second is House bill 1578. And what I'd like to focus in is the second one, which is not CRA (Community Redevelopment Agency) friendly, in my terms. What it does, significant items, it restricts the definition of slum and blight. Chairman Teele: Could you pass those out to us and give us a written comment? And we'll ask Commissioner Gonzalcz if he'll just sort of serve -- if you don't mind -- as our legislative watchdog and she'll report those things to you. And you can call us into a meeting if there's anything significant, Angel, if you would accept that. And, I think, you know, you have as much understanding of the economic and slum and blight issues as anyone, and it would be helpful if you could just work with our representative. Who's that, Mike Abrams? Ms. Lewis: No. That would be Douglas Bruce. Chairman Teele: Doug Bruce and others, and try to do that. There's two other housekeeping -- would you agree to do that? Board Member Gonzalez: I'll do that. Chairman Teele: Two other housekeeping matters. We need the attorneys, both Mr. Bloom and Mister, to provide the external auditors with the affidavits, or whatever is necessary, so we can get our fiscal statements -- annual fiscal statements done. Did we handle that matter of the outside counsel, Mr. Vilarello, to your satisfaction? Alejandro Vilarello (City Attorney): Yes. Yes, sir. Chairman Teele: All right. And then the only other matter is, we've got a special meeting, which we will not have a lot of business on, for the 20 -- what is it? Ms. Lewis: Twenty-fifth of March. Chairman Teele: The 25"', which we're going to have at the Big Time Production offices. It'll be a CRA Board meeting in which we will -- we've set it already. It's going to be talking about 138 February 14, 2002 • 0 museums and those kinds of things. And the location, which we'll be designating, is the Big Time Production. And we're really looking to Commissioner Winton to help us look at some of the issues in that area of the Omni. Vice Chairman Winton: Which means that before -- well before then, you and I probably need to get together, so -- because I thought about this exactly not at all since our last CRA Board meeting. So if somebody isn't coming and bugging me, my time is seldom offensive. It's almost always defensive. Chairman Teele: We're asking Frank Rollason and others to bring in the FIU (Florida International University) people that did the little charette on the fire station. And we want to just sort of focus in on the area, that Big Time Production fire station area. In fact, we've asked the City Manager to designate that sort of as a sub area, thinking that the fire station is probably the best designation. We've already done an overlay to allow nonconforming buildings -- and the things are really moving very quickly. Commissioner Carey and others, Shorty had a little reception last night right in that area saluting the fire fighters. And we really believe, Johnny, even though it's your district, we really believe that that area along -- Vice Chairman Winton: Ours. It's ours. Chairman Teele: --14`x' Street that we just talked about -- 10' Street and Miami -- is really an area that can become a transitional area for clubs, restaurants and that. And we'd like to get the right feel and the right kind of people involved. So the discussion about police and security, I think, was very apropos to that and that's sort of what we're looking at for the 25`x'. That should be a fun night and not a lot of stress. We do have one request from Solomon Yuken, David Hernandez, to be able to at least bring up that item, that is, the one point one million dollar ($1,100,000) -- because, apparently, he says he can reach an agreement with you all. And so that would be the only business item that we will have on that agenda. Vice Chairman Winton: On that night. Chairman Teele: On that night -- Vice Chairman Winton: OK. Chairman Teele: -- will be the agreement with Mr. Yuken regarding -- David Hernandez (Director, Construction Management, CRA): Yeah. We've been meeting with Mr. Yuken and we've been going through the numbers and I think we'll have our resolution by then. Chairman Teele: And the designation of the -- Mr. Hernandez: Of the appropriated funds. Ms. Lewis: The CM (Construction Manager) at risk. 139 February 14, 2002 0 Mr. Hernandez: The CM at risk. Chairman Teele: But you all have a committee and it's majority non -City staff, majority non - CRA, and all that? Mr. Hernandez: That is correct. We have a selection committee for the CM at risk -- Construction Manager at risk. That selection process is going to be taking place tomorrow. Once we have that, we'll try to get a contractor on board to get these projects rolling. Chairman Teele: Make sure, as soon as you all make your recommendations to the Executive Director, that you make sure that each of the Commissioners have a copy of the tally sheets, the evaluations, and the recommendations, please. Mr, Hernandez: OK. Chairman Teele: And you all had a good response, about seven or eight firms submitted -- Mr. Hernandez: Seven will be participating in the selection process. Chairman Teele: Commissioner Winton, what we've done, rather than trying to bid out every element, we said we're going to get some construction managers, This was what Commissioner Sanchez had asked for regarding the restaurants and all of that. There are CMs at risk that will come in and work with us and scope these projects. And we have a competitive process. We're going to select not less than what? Ms. Lewis: Not less than two. No more than three. Chairman Tecle: CM at risk to be available for various projects. 140 February 14, 2002 0 0 45. DIRECT CRA EXECUTIVE DIRECTOR TO SCHEDULE AT CRA BOARD MEETING OF FEBRUARY 25, 2002, CONSIDERATION OF $15,000 LOAN AND/OR GRANT TO SAX ON BEACH TO ASSIST WITH EXPENSES RELATED TO WATER AND SEWER (WASA) IMPACT FEES. Vice Chairman Winton: I have one other issue. Chairman Teele: Yes, sir. Vice Chairman Winton: If you don't mind. And I know you've been working on this, and it only dawned on me today this thought. So it's only a thought that I'm offering up. It isn't a motion yet. I want your opinion and input is very important here. But it was on the basis of one of the items we deferred, and that's Water and Sewer impact fees, and then sitting here reading the article on Sax on the Beach and the problems that they're having. And I know that the impact fees that -- the rough estimate of impact fees they're going to have to pay to truly open their facility, which, as we all know, isn't truly open, is a number that probably won't reach fifteen thousand. It's a little under fifteen thousand dollars ($15,000). And I'm wondering if we shouldn't, through the CRA (Community Redevelopment Agency), issue a fifteen thousand dollar ($15,000) zero interest loan that gets this impact fee paid, so that they can get their -- But under the condition that they have the money, and we are satisfied that they have the money to truly open their entire operation. So the CRA would grant a loan, zero interest loan of fifteen thousand dollars ($15,000), which would then give us time, the CRA, to negotiate with the County and to do the rest of our homework with the County on how these impact fees for that building and that surrounded area are calculated, and whether or not it's an appropriate calculation. So what I'm thinking about here is just an attempt to try to fast forward this process of getting them in business. Chairman Teele: I would appreciate if you would make a motion authorizing the Executive Director to present to us on the 25t" a loan, slash, and/or grant to Sax on the Beach. And it's Sax, S -A -X. Unidentified Speaker: S -A -X? Chairman Teele: Sax, to the public. S -A -X. Saxophone on the Beach for the opening, because I think there may be some ways that it could be a loan that has forgivable clauses based upon employment criteria that we could set. Vice Chairman Winton: Sounds good. So moved. Chairman Teele: Moved by Commissioner Winton. Board Member Gonzalez: Second. Chairman Teele: By Commissioner Gonzalez, instructing the Executive Director to bring to us on the 25"' a loan, slash grant recommendation that pays for the Water and Sewer impact fees to assist them in getting the business open and hiring more people. Vice Chairman Winton: And payment of the fee will be conditioned upon them convincing the CRA staff, in whatever fashion they determine, that they really have the money to fully open to do the rest of the expansion in their facility and open it. I mean, I don't want to pay their damned impact fee and then 141 February 14, 2002 i 0 we sit there for another year, because they really didn't have the money to -- they didn't have the money, themselves, to do the rest of the improvements. Unidentified Speaker: To do the operation. Chairman Teele: And, Commissioner Winton, I appreciate you bringing it up. But again, I really do think that that's the role of the CRA. We're talking about paying Miami -Dade County. That's -- so that the public is clear, we're not talking about giving them a loan, per se, but paying Miami -Dade County a fee, quite candidly, that we contest that even should be in existence in the way it is. So on the question, is there unreadiness, further discussion? All those in favor, say "aye." The Board (Collectively): Aye. Chairman Teele: Those opposed have the same right. It's unanimously adopted. The following motion was introduced by Vice Chairman Winton, who moved for its adoption: CRA/OMNI MOTION NO. -02-19 A MOTION DIRECTING THE CRA EXECUTIVE DIRECTOR TO SCHEDULE AT THE CRA BOARD MEETING OF FEBRUARY 25, 2002, CONSIDERATION OF A $15,000 LOAN, WITH NO INTEREST, AND/OR GRANT, TO SAX ON THE BEACH, TO ASSIST WITH EXPENSES RELATED TO WATER AND SEWER (WASA) IMPACT FEES; FURTHER CONDITIONING SAID LOAN WITH HAVING SAX ON THE BEACH PROVIDE THE CRA WITH PROOF THAT IT HAS THE FUNDS TO COMPLETE THE EXPANSION OF ITS FACILITY. Upon being seconded by Board Member Gonzalez, the motion was passed and adopted by the following vote: AYES: Board Member Angel Gonzalez Vice Chairman Johnny L. Winton Chainnan Arthur Teele NAYS: None ABSENT: Board Member Joe Sanchez Board Member Tomas Regalado Chairman Teele: Are there any other matters to come before the CRA? If not, Mr. -- the meeting -- Mr. Bloom, did you have anything? Madan -i. Attorney? If not, the CRA meeting stands adjourned, and we are in the regular meeting chaired by the Chairman of the City Commission. 142 February 14, 2002 0 THEREUPON, THE CITY COMMISSION, IN ITS CAPACITY AS THE SOUTHEAST OVERTOWN/PARK WEST AND OMNI COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI ADJOURNED CONSIDERATION OF THE HEREINABOVE ISSUES, IN ORDER TO RESUME CONSIDERATION OF REGULAR AGENDA ITEMS. 143 February 14, 2002 • 46. AUTHORIZING MANAGER TO TRANSFER $7,042 TO BAYFRONT PARK MANAGEMENT TRUST TO PROVIDE FOR IN-KIND SERVICES (POLICE AND FIRE) FOR COLOMBIAN AMERICAN SERVICE ASSOCIATION (C.A.S.A), FUNDRAISING EVENT SCHEDULED TO TAKE PLACE ON FEBRUARY 17, 2002, AT BAYFRONT PARK. GRANT WAIVER OF SURCHARGE FEE FOR CITY POLICE OFFICERS FOR COLOMBIAN AMERICAN SERVICE ASSOCIATION (C.A.S.A), FUNDRAISING EVENT SCHEDULED TO TAKE PLACE ON FEBRUARY 17, 2002, AT BAYFRONT PARK, Chairman Regal ado; Thank you very much, Chairman Teele. And we have an executive session with the City Attorney and the City Manager; however, I'm going to just take two minutes of your time before the session. We have a public appearance and they've been here for a while. Gloria Velazquez from Colombian -American Service Association to address the Commission concerning in-kind services for a fundraising event on February 17"' at Bayfront Park. It was -- it's under public appearance Item 4. It was placed by the administration. We have Juan Carlos Zapata and Gloria Velazquez from CASA (Colombian -American Service Association), Columbian -American -- so go ahead, ma'am. Gloria Velazquez: Good afternoon. Gloria Velazquez. I'm here in my capacity today as a board member of CASA, Colombian -American Service Association. We're having a fundraising event this Sunday at Bayfront Park, and we're asking you to consider authorizing in-kind services from the City. Commissioner Teele: Mr. Chairman, I know that Commissioner Sanchez isn't here and I know that they have a policy against waiving. I don't know if anybody -- I would be much more comfortable -- Ms. Velazquez: Commissioner, it's not the Bayfront Park fees. We're paying those fees. Commissioner Teele: Oh, OK. Ms. Velazquez: It's for in-kind services, Police and Fire. Chairman Regalado; Which -- Vice Chairman Winton: It is the conversation and so -- so the real issue here -- and it's an issue of fundamental fairness, as far as I'm concerned. Now, I think I'm -- I've done -- we've got to get to a policy here, either where this stuff quits coming before us and we're just going to waive it and it doesn't come before us at all. Because we absolutely cannot pick one group and say OK because that group so much more need -- you know, I don't care what they're -- you've either got to say "yes" to all of them or "no" to all of them. And we can't pick and choose because there's no rational objective criteria that we can identify to allow us to pick and choose. Chairman Regalado: But I tell you something. Like you said, it's a very difficult thing, either we say "yes" to all or "no" to all. But this is the first time that Columbian -American Association comes before the Commission -- 144 February 14, 2002 0 Commissioner Teele: Oh, we're going to say "yes." Vice Chairman Winton: I don't care. Chairman Regalado: And I'm going to -- Vice Chairman Winton: I don't care. • Chairman Regalado: -- say yes. But you're right. But you're right. We need to establish a policy. They have this event this Sunday and -- Vice Chairman Winton: And, by the way, I predicted this some time ago. I said -- you know, if we're going to do it for -- I forget whatever the ethnic group was then. And I said, "But wait a minute. We're going to have the Puerto Rican, the Columbian, the Venezuelan, the Argentinian, the --" you know, you name it. Because they're all represented in our communities so I'm back to the same point. We need to either stop -- you know, we need to make a policy. Don't even come before us because we're not going to charge these people for Fire and Police and it's all "yes." The Manager has to make it happen or it's all "no." I mean, there isn't any way to look at people and say, "Well, I don't know you well enough so, therefore, I'm going to say "no" to you, but I know them a little better because they're my buddy and I'm going to say "yes" to you." Chairman Regalado: OK. So, to simplify, we can start that policy tomorrow, right? So we'll do it today. Commissioner Gonzalez: Mr. Chairman, you know, another problem -- what I see is the problem this is that -- you know, this request come before us two days before the event or a week before the event. That doesn't really give us any space to try to find a solution to the problem. Chairman Regalado: But it's not their fault. They were placed on the agenda by the administration. I don't know how long ago they requested it. Gloria. Ms. Velazquez: We went through the formal process of sending our letter to the City Manager, who promptly responded and this was the earliest meeting that they can get it on after we had spoken with Police and Fire. Chairman Regalado: So -- Ms. Velazquez: So we had to do our homework beforehand and this was -- so we asked for it way before and went through the formal process. Chairman Regalado: So, we have the Chief of Police there. Chief, what's -- what do you need from us? I mean, we want to help them and that's all. That's the bottom line. 145 February 14, 2002 i 9 Commissioner Teele: Why don't -- before we hear from the Chief, let's hear from the budget -- what is the director that has the Special Events account? What's the real issue here and how much money are we waiving, and what are we really doing? Vice Chairman Winton: And could I interrupt one second? The Chief made this point -- somebody else made this point earlier -- somebody made this point and we've got to -- if the policy is going to be "yes," the policy has to be that someway or another, we're going to actually -- if we pay for the services, it's at time and a half. If we give a grant to the agency -- Unidentified Speaker: Or Bayfront. Vice Chairman Winton: -- so that they pay the officers direct, it's not time and half. So it costs us less to give a grant to the agency. So, we give to the agency. The agency gives it back to Police and Fire but it costs us less. Chairman Regalado: OK. But, Johnny -- Vice Chairman Winton: Now, from a business standpoint, that's the only answer I could come up with. Chainnan Regalado: You're absolutely right but I think we may have a problem in terns of timing because for the City to cut a check tomorrow -- because the off-duty police have to be paid on the spot. Is that correct, Mr. Chief? OK. So -- Vice Chairman Winton: So, they don't have a collection problem like the rest of us. Commissioner Teele: But could I hear from the Director before I hear from the Chief? Christina Abrams (Director of Public Facilities): Thank you. Commissioner Teele: Where are we on the finance and the budget, because that's what we're really talking about, is how much money do we have -- Ms. Abrams: Thank you. Commissioner Teele: -- and how much does it cost? Ms. Abrams: The budget for Police and Fire -- Commissioner Teele: Just your name and address for the record, please. Ms. Abrams: Christina Abrams, Director of Public Facilities. The budget for Police and Fire, if the City were to incur the costs, is 11,325. Without the overtime costs, it would be 7,042. Our recommendation is that we transfer those funds to Bayfront Park and let them take responsibility for paying Police and Fire. That would be a cost of 7,042. 146 February 14, 2002 0 • Vice Chairman Winton: So moved. Commissioner Teele: That's the cost of what? Ms. Abrams: Police and Fire. Commissioner Teele: Seven thousand? Ms, Abrams: Seven thousand, forty-two dollars and thirteen cents ($7,042.13). Commissioner Teele: As opposed to 1 I or so. Vice Chairman Winton: It's like 60 percent of that. Commissioner Teele: I second the motion. Chairman Regalado: OK. There is a 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 for its adoption: MOTION NO. 02-170 A MOTION AUTHORING THE CITY MANAGER TO TRANSFER FUNDS, IN AN AMOUNT NOT TO EXCEED $7,042 TO THE BAYFRONT PARK MANAGEMENT TRUST TO PROVIDE FOR IN-KIND SERVICES (POLICE AND FIRE) FOR THE COLOMBIAN AMERICAN SERVICE ASSOCIATION (C.A.S.A), FUNDRAISING EVENT SCHEDULED TO TAKE PLACE ON FEBRUARY 17, 2002, AT BAYFRONT PARK. Upon being seconded by Commissioner Teele, the motion was passed and adopted b:y the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzdlcz Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Chairman Regalado: Congratulations and have a very nice event, Juan Carlos. 147 February 14, 2002 C E Juan Carlos Zapata: Thank you very much, Mr. Chairman, members of the Commission. I want to thank you all. And, Mr. Gonzalez, we understand with regards to the timeliness issue. We did start working with this since December. And one thing we actually do -- and I think. it's important to these events -- we promote them outside of the City of Miami. And what we do is have people come into the City of Miami. Vice Chairman Winton: Well, make sure they go into downtown and spend money. Mr. Zapata: Well that's the whole idea and that's what we're doing. And this is the first time we come here. We also organize the Columbian Independence Day Festival in Tamiami Park so you're also all invited to that. And I want to thank you again for all your support. Thank you very much. Vice Chairman Winton: Thank you. Commissioner Gonzalez: Thank you. Commissioner Teele: Chief, did you -- we didn't hear -- Chief Raul Martinez (Chief of Police): No -- and yes, let me add on another thing, which may save a couple -- a few dollars more for the City. If the Commission approves the waiver of the surcharge for the police officers, which is like the City paying the City, it may lower that even by another three or four hundred dollars ($400). Vice Chairman Winton: So moved. Commissioner Teele: Second the motion. That's the -- the motion is to waive the surcharge. Chairman Regalado: OK. There is 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 for its adoption: MOTION NO. 02-171 A MOTION GRANTING A WAIVER OF THE SURCHARGE FEE FOR THE CITY POLICE OFFICERS FOR THE COLOMBIAN AMERICAN SERVICE ASSOCIATION (C,A.S.A), FUNDRAISING EVENT SCHEDULED TO TAKE PLACE ON FEBRUARY 17, 2002, AT BAYFRONT PARK. 148 February 14, 2002 0 • 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 Gonzdlez Commissioner Arthur E. Tcele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 149 February 14, 2002 • 47. DIRECT MANAGER TO MEET WITH CITY ATTORNEY, CHIEF OF POLICE, AND REPRESENTATIVE OF FLORIDA LITTLE ACORN TO DEVELOP PLAN TO PROTECT ELDERLY AGAINST PREDATORY LENDING. Chairman Regalado: OK. Commissioner Teele: Mr, Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: 1 know that we've got a lot of things back up now, but if I could just get two minutes. Mr. Thompson has been here. This is on Item B, District 5 and it relates to the predatory lending. And if I could just yield to Mr. Thompson. If you would just give your name and address for the record. And just tell us exactly where we are in the predatory process because we took it up this morning. You weren't here. But in fairness, since Little ACORN (Association of Community Organization for Reform Now) is doing a lot of the work and liaison with the City Attorney, we wanted to give you that opportunity. I apologize for the delay. Eric Thompson: Thank you, Commissioner. My name is Eric Thompson. I live at 452 Northeast 25`x' Street, in the City of Miami. I'm here to represent Florida ACORN. For the! past three or four years, Florida ACORN has been documenting and providing something called predatory lending, better known as loan sharking. Predatory lending is whereby large financial institutions (UNINTELLIGIBLE) small ones out of the state. Most of these institutions are sometimes based in California or in Dallas. Market high cost loans to senior citizens in our neighborhood. These loans are in the form of refinancing or home repairs. You'll find a senior citizen with a loan to finance or make repairs to a house for Eve thousand dollars ($5,000), with an interest rate of 18 or 21 percent, and a prepaid penalty for five years attached to that. For years, ACORN had been documenting these practices and have been fighting across the country. Where we are right now in Miami? We were very successful in getting Dade County to pass a resolution urging the state to pass laws to govern predatory lending. With the help of Commissioner Teele and some help from Commissioner Winton, we were able to -- Commissioner Teele was able to introduce a City ordinance that will stop predatory lending or make it illegal. As of now, these practices are not illegal in the City of Miami. And how do they do it? And I'm sure some of the Commissioners get it. You get a check in the mail stating how you're qualified for ten thousand dollars ($10,000). All you need to do is to sign this check and deposit it in your bank account. That actually is a loan. You actually get a loan of ten thousand dollars ($10,000). Six months after that, you'll get a package in the mail with an interest rate of 21 percent. This is happening all over the City. This morning before prior coming to this meeting, I was able to do some research on the foreclosures in Miami back from 1998. Our foreclosure in Miami had increased from 7.1 percent to 21.5 percent and 90 percent of these loans are senior citizens over the age of 65 years, with an interest rate of 21 -- between 21 and 25 percent. Commissioner Teele: Did you say -- Vice Chairman Winton: And you can document that? I'm sorry. 150 February 14, 2002 i Mr. Thompson: Yes. Vice Chairman Winton: That's documented? Mr. Thompson: Yes. is Vice Chairman Winton: Could you get us some of that documentation? Mr. Thompson: Yes. I can get it. Vice Chairman Winton: I'd like to see the real data because it's something that all these news media people in here ought to be listening to because this is -- there is a real story here. And that story needs to get out because it may give lots of people who are in public policy positions from Washington to Tallahassee to Dade County the -- more oomph, if you will, to stand up and pass whatever laws we have to pass to put an end to it. But data is critically important and it's got to be accurate. So if you get it to us, we'll help get it to them and maybe we'll have some new stories. Mr. Thompson; Definitely. We have the data. We even have the data also on every loan in every Commissioner's district. I can get data for district, for the City, for state. I have all that data in my office. I can get to that, Commissioner. We are urging the Commission to pass laws that will make predatory lending practices illegal, not only in the City but also in Dade County. Also, we're urging the Commission that -- and through the Police Department -- one of the problem is people comes to my office -- I have a staff of eight people in Miami. I run -- it's a statewide operation. We have four offices in the state. I have 100 staff across the state but in Miami I have four staff. And people (INAUDIBLE) walls into my office the day of eviction or day before eviction. And -- I mean, the last person that's (INAUDIBLE) went -- actually went to Senator Meek and Senator Meek sent her to me. That's the day of eviction. And what I did is, I have to run down to the courthouse and try to stop the eviction. If -- with help from the City of Miami Police Department -- if I am given prior notice of this eviction or either some coordinated, whereby we can work together and find more senior citizens being evicted, my office would have enough time to research that loan. We can have enough time to pull up the files on that loan to see if it's predatory practices. We can work with a state office -- the State Attorney's Office or even with the courts to stop -- put a stop on the foreclosure while we try to get the finance to pay off the high cost loan. Commissioner Teele; Do you have any idea about how many of these predatory loans to seniors are done a year in Miami? Mr. Thompson: Yes, I have that data. I can get it to the Commission. Commissioner Tecle: Well, I think -- what I'd like to do is, first, we commended the Police Department this morning. Mr. Thompson: Yeah. 151 February 14, 2002 0 9 Commissioner Toole: And I -- you've told me privately that the Police Department of the City of Miami has really improved -- Mr. Thompson: Yes. Commissioner Toole: -- and is doing a great job in working with us. Mr, Thompson: Yeah, they are. Commissioner Toole: And what I wanted to make a request to the Police Chief, through the Manager, is that you and the City Attorney and the Chief sit down and let's see if we can develop a clearinghouse and a little bit more structure. Because all we're doing now is reacting to -- Mr. Thompson: Definitely. Commissioner Toole: -- the crisis and the media and these horrible circumstances and -- to the extent that the Police Department could give you a little bit more access -- Mr. Thompson: Definitely. Commissioner Toole: -- or work with you with our City Attorney and we could develop a clearinghouse. We've talked to the industry about helping to set up a clearinghouse with its. And I think, before we even go to them, it would be really good if the City Attorney, the Chief, and yourself could -- Mr. Thompson: Definitely. Commissioner Toole: -- sort of meet and do that. And that was the only point that I wanted to make, was to, again, publicly commend the Chief for working closely with you -- Mr. Thompson: Definitely. Commissioner Teele: -- to encourage him to do so and maybe give you access to the commanders, maybe we could have a meeting with the NET (Neighborhood Enhancement Team) Commanders and just talk about this. Because we've gotten calls from Dade County Police, who were in the City and saying, "Look, we've got to serve this and we don't really like this." And then I put them in touch with somebody in Model Cities the other day. We need to figure out how to get a process going -- Mr. Thompson: Definitely. Commissioner Teele: -- and I would hope that by March the 7"', we could come back with something more definitive. 152 February 14, 2002 Mr. Thompson: Definitely. I hope so, too. Because it's a issue -- it's a big issue. I mean, also - - I mean, I went to court this (INAUDIBLE) a senior citizen was about to foreclose on a house. The value of her house is eighty-five thousand. Vice Chainnan Winton: Wow. Mr, Thompson: It was paid off for back in -- back about 10 years ago. And she's been foreclosed for five thousand dollars ($5,000) loan. Vice Chairman Winton: No. Mr. Thompson: And that's what it -- it's small loans like five, ten thousand, fifteen thousand. And these people -- because the home has a lot of equity in it. Vice Chairman Winton: So this is out and out stealing. Mr. Thompson: That's -- exactly. Vice Chainnan Winton: This isn't a loan. This is out and out thievery. Mr. Thompson: No, it's (INAUDIBLE) stealing. It is. The interest rate start at seven percent. They market their loans with a seven percent interest rate, not saying to the senior citizens that their interest rate, after six months, will be 21 percent and not knowing there's a prepaid penalty. Vice Chairman Winton: Sic those guys from Canada on them. Commissioner Teele: All right. Well, Mr. Vice Chaiin-ian -- Chief, did you have any concerns about sitting down with Mr. Thompson and -- Chief Raul Martinez (Chief of Police): No, Commissioner. Your suggestion is a great one because we have already been working, you know, on these type of issues because, you know, we see more and more of them coming in the pipeline. Commissioner Teele: Thank you very much. Mr. Thompson: Thank you. Commissioner Teele: Mr. Vice Chairman, how did you want to proceed? We have a 5 o'clock time certain -- is it 5 or 5:30? Alejandro Vilarello (City Attorney): I believe it's 5 o'clock. Vice Chairman Winton: Where did the Chairman go? Mr. Vilarello: I'm sorry. Five -thirty, and then you have to close out the executive session. 153 February 14, 2002 • s Commissioner Teele: Why -- can we do the executive session in the next 20 minutes, Mr. Chairman -- Mr. Vice Chainnan? Vice Chairman Winton: What's it on? Mr. Vilarello: Having to do with the litigation of the City of Miami versus Deloitte and Touche. Vice Chairman Winton: Yeah. Commissioner Teele: I think -- Vice Chairman Winton: So could we do that now? Commissioner Tecle: Yeah. Vice Chairman Winton: Or do we need -- Commissioner Teele: Let's do that now. Vice Chairman Winton: So -- yeah, there's a big clock ticking over there again. Good idea. 154 February 14, 2002 0 0 48. RECONVENE ATTORNEY-CLIENT SESSISON TO CONTINUE DISCUSSION OF PENDING LITIGATION RELATED TO DELOITTE-TOUCHE, LLP & FRANK PAREDES VS. CITY ON MARCH 7, 2002. (SEE #5) Commissioner Teele: I move that we -- Mr. Attorney -- Alejandro Vilarello (City Attorney): OK. Commissioner Teele: I move that we recess or retire to the executive session. Would you read into the record? Mr. Vilarello: Yes, sir. The -- we are now going into executive session pursuant to Florida law - - Florida Statute 286.0118. The closed to the public attorney-client session is for the purpose of discussing pending litigation only, involving the case of Deloitte -Touche versus the City of Miami. Once the closed door session commences at approximately 5 o'clock, the only members in attendance of that meeting will be Commissioner Teele, Commissioner Regalado, Commissioner Sanchez, Commissioner Winton; Carlos Gimenez; the City Manager; the City Attorney; Maria Chiaro, Assistant City Attorney, and outside counsel for the City, Tom Tow and Joseph Rebak. A certified court reporter will be present to ensure that the entire session is fully transcribed. The transcript will be made available to the public at the conclusion of the litigation. Once that session is closed, we'll return to open session and conclude the meeting in open session. Note for the Record: At this time, the City Commission went into executive session at 5:02 p.m. and reconvened regular session at 5:42 pm. Chairman Regalado: Executive session is closed now. We need a motion to follow up. Mr. Vilarello: I'd like -- Chairman Regalado: Commissioner Teele. Mr. Vilarello: Yes. If I can, I'd like to request that we reconvene an executive session on this same case, City of Miami versus Deloitte -Touche, at our March 7"' City Commission meeting. Commissioner Gonzalez: So moved. Commissioner Toole: Second. Chairman Regalado: It's been moved and second. All in favor say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. 155 February 14, 2002 i The following motion was introduced by Commissioner Gonzalez, who moved for its adoption: MOTION NO. 02-172 A MOTION TO RECONVENE AN ATTORNEY-CLIENT SESSISON TO CONTINUE DISCUSSION OF PENDING LITIGATION RELATED TO DELOITTE-TOUCHE, LLP & FRANK PAREDES VS. CITY OF MIAMI ON MARCH 7, 2002 AT 9:00 A.M. Upon being seconded by Chairman Regalado, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Chairman Regalado; So executive session is set for March 7"', at 9 a.m., on the Deloitte -Touche case. 156 February 14, 2002 49. TABLED: PROPOSED ACCEPTANCE OF PLAT ENTITLED BRICKELL WEST TWO. Chairman Regalado: We have now the CIP (Civilian Investigative Panel), however, I'd been asked to do 13-A. Thirteen -A is in Commissioner Sanchez district. It's a simple resolution. However, I think that I have a request from Commissioner Sanchez office regarding having this after 7 p.m. If I find it, I'll -- oh, sorry, Commissioner. OK. I'm told that this item will be back in six weeks before the City Commission, so I will -- Commissioner Gonzdlez: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Gonzalez: Can we bring back, at this time, CA -10 that was pulled this morning for discussion this afternoon? Chairman Regalado: That's Gregori International -- Alejandro Vilarello (City Attorney): Yes. Commissioner Gonzdlez: Yes, sir. Chairman Regalado: -- CA -10. Go ahead, sir. 157 February 14, 2002 0 9 50. AUTHORIZE CITY ATTORNEY TO APPROVE SETTLEMENT IN CASE OF GREGORI INTERNATIONAL OF FLORIDA, INC. VS. CITY; DIRECT CITY ATTORNEY TO EXPLORE OTHER OPPORTUNITIES TO RESOLVE MATTER CONCERNING BUNKERS OF MIAMI WITHOUT LITIGATION AND COME BACK WITH RECOMMENDATION (SEE #2.10 & 25). Commissioner Gonzalez: I'd like to propose a resolution amending the -- it's amending the resolution that was (UNINTELLIGIBLE) from the (UNINTELLIGIBLE) section the indemnification section and authorize the City Attorney to address the outstanding issues between the City and Bunkers and report back to the City Commission at the appropriate time. Alejandro Vilarello (City Attorney): Mr. Chairman, I reviewed this issue with Commissioner Gonzalez and I have no objection to severing the authorization to pursue a lawsuit against Bunkers from the settlement of the Gregori matter, generally. Chairman Regalado: Sorry. I'm sorry. Mr. Vilarello: As I understand the motion, the motion would be to approve the settlement with Gregori International and separately direct my office to explore other opportunities to resolve the matter with Bunkers International without litigation, and then report back to the City Commission with regard to that second matter. And I have no objection to that. Chairman Regalado: OK. That's a motion. It's been moved by Commissioner Gonzalez. Second by Commissioner Teele. All in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 02-173 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY GREGORI INTERNATIONAL OF FLORIDA, INC. THE SUM OF $975,000, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI FOR THE CASE OF GREGORI INTERNATIONAL OF FLORIDA, INC. VS, CITY OF MIAMI, IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 97-.16395 CA (02), UPON EXECUTION OF A GENERAL RELEASE AND COMPLIANCE WITH AN ESCROW AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 515001.624401.6.661. 158 February 14, 2002 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Tecle, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez AND The following motion was introduced by Commissioner Gonzalez, who moved for its adoption: MOTION NO. 02-173.1 A MOTION DIRECTING THE CITY ATTORNEY TO EXPLORE OTHER OPPORTUNITIES TO RESOLVE THE MATTER CONCERNING BUNKERS OF MIAMI WITHOUT LITIGATION AND COME BACK WITH A RECOMMENDATION. Upon being seconded by Commissioner 7`eele, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Chainnan Regalado: OK. Commissioner Gonzalez: Also, we have -- I have two pocket items here. One is -- Chairman Regalado: No, no. Let's -- Commissioner Gonzalez: No? Chairman Regalado: Let's wait, Commissioner. 159 February 14, 2002 0 0 15 1. TABLED: PROPOSED ACCEPTANCE OF PLAT ENTITLED BRICKELL WEST TWO. Chairman Regalado: We have a request to hear one item but it seems that the area Commissioner is sick. And we have gotten a lot of email from residents and they were requesting it. And so, the office of Commissioner Sanchez requested that this be heard after 7 p.m. Judy Burke: Mr. Chairman, may I address the Commission on this issue? Chairman Regalado: Yes. Ms. Burke: My name is Judy Burke, with offices at 201 South Biscayne Boulevard, in Miami. And I represent the applicant on this application. I think that we were originally told the neighbors had asked for it to be heard at 5 o'clock, so we came down at five. But I think that there might be some confusion by the neighbors. We have an application for a Major Use Special Permit that's coming before this Commission in six weeks. That's on the project. All that is on the agenda today is a simple final plat approval. This is a plat that's been in process and was approved by this Commission three years ago, and it's just a final stamp off on the plat. Chairman Regalado; Right. But let me just say. This item will not be deferred. The area Commissioner has requested that it will be heard today and we will do that. However, the office of the area Commissioner did receive a request that -- to hear this at seven. Ms. Burke: At seven, not five. I'm sorry. OK. We will be here. and we'll wait. Chairman Regalado: I had a -- and I understand and I really -- but, you know, we Have to respect the area Commissioner's leadership on this and -- we will hear the item. We will not defer the item. We will hear as soon as we are done with the CIP (Civilian Investigative Panel) item. Yes, sir. Harvey Taylor: Harvey Taylor, 12000 Biscayne Boulevard. I'm the applicant on 13-A. I was here this morning. I was here at 5 o'clock. I'm not feeling well and I don't think this is a -- 1 think this is a disservice to me to defer this item until after 7 o'clock. Chairman Regalado: Well -- Mr. Taylor: And there's no need.. This is a simple plat issue, as my attorney so stated. Chairman Regalado: I understand, Mr. Taylor. And, you know, I apologize. I don't know who told you to be here at -- in the morning but, as the Chainnan, I have to run the meeting. And when an area Commissioner make a request -- two requests were made from the area Commissioner, who's not here. One, do not defer this item. So we are going to hear this item. And, second, hear the item after 7 p.m. And I am really sorry but I cannot place -- Mr. Taylor: I understand. Thank you very much. 160 February 14, 2002 52. RECONSIDER MOTION 02-115, WHICH HAD DENIED REQUEST TO AMEND ZONING ORDINANCE 11000 TO CHANGE ZONING DESIGNATION AT 3225 FRANKLIN AVENUE FROM R-1 SINGLE FAMILY RESIDENTIAL TO SD -2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT; MANAGER TO SCHEDULE SAID ITEM AT COMMISSION MEETING FOR JUNE 13, 2002, Chairman Regalado: We need to recognize Lucia Dougherty for a personal appearance, a very brief personal appearance. Lucia. Lucia Dougherty: Thank you very much, Mr. Commissioner, members of the board. Lucia Dougherty with offices at 1221 Brickell Avenue. I am here today to ask a personal appearance. You may recall at the last City Commission meeting, you denied a request that we had made to rezone one lot adjacent to the Taurus. The code provides one opportunity for us to ask for reconsideration, and that's at the next Commission meeting, which is today. We would -- Your message to us is that we did a really bad job of getting together and getting a consensus with our neighbor, and maybe even exploring some other options, including potentially some historic preservation issues. We would like the opportunity to meet with our neighbors again, and therefore, we would request that you reconsider the item today and put it on an agenda sometime in three months from now at your zoning meeting, three months from now, and allow us the opportunity to again meet with our neighbors and to re -think the project, along with some of the issues and guidelines that you set forth at your last Commission meeting. I have a petition of 72 names, petitioners of people who are supportive of this. They are people who live on Franklin Avenue, Charles Avenue and other places very close by in the Grove, which I'm going to submit that to you. And with that, we would like the opportunity to have this community dialogue, and we'd urge your support for this reconsideration. Chairman Regalado: OK. Is there a motion to reconsider this item? Vice Chairman Winton: Yes, there is, and with discussion. Chairman Regalado: OK. Commissioner Gonzalez: Second for discussion. Chairman Regalado: It's been moved and a second. Vice Chair Winton. Vice Chairman Winton: I am in favor of this reconsideration, but I want to send a pretty clear message, and that message is that at the end of the day, at the end of the three-month period or four months, whatever we decide here, the answer could still be the same. I think it's incumbent upon the development team to figure out an appropriate design that really works for that site that becomes an asset in the community. I told the neighbors at the last meeting that their idea that this had to be permanent residential and this issue over noise and things, I said a boutique hotel, in my view, creates less noise, more opportunity to support the retail environment in the Grove than the current use, which is the Taurus. So all of their arguments didn't ring true to me. However, because of the steps in this process, there is a great risk that the wrong kind of thing could ultimately be done. So I will be looking to see that there are great protections built into the 162 February 14, 2002 process that essentially will prevent the current developer from -- And I understand that the next go around is all about rezoning. It isn't about the plan. But in a covenant that you're going to probably have to work out with all -- with a goodly number of those surrounding neighbors, as far as I'm concerned, that covenant is going to have to have some pieces in it that require that the developer in place have a relatively short threshold of time to start the development, that the developer can't sell the development rights to this project, that it has to be whoever the team is that's going to develop a project that we're going to all like, and that that will happen. And if it doesn't happen within a certain time frame, then the zoning, if we can do this legally, is going to revert back to R-1. So those kind of issues are the kind of things that you all have to look for, to make sure that we protect that neighborhood. Yes. Alejandro Vilarello (City Attorney): Commissioner, and that and other issues will be the proper subject of discussion at the meeting if this motion to reconsider passes. And you should identify the date that you will have this discussion. Vice Chairman Winton: And I think -- I don't care whether it's three months or four months, whatever you all think you need. So. Ms. Dougherty: We need a minimum of three months. Vice Chairman Winton: So I -- let's pick four. Chairman Regalado: OK. There is a motion to reconsider an item that was voted on, on the last meeting, and to bring back this item. You want four months? Commissioner Teele: First meeting in June. Vice Chairman Winton: Great. Chairman Regalado: Is that -- Ms. Dougherty: Yes, that'd be fine. I wanted to put on the record -- Mr. Maxwell asked me to do that. It was PZ -9. That was at your June -- I mean your January 24"' meeting. And that's the reconsideration of that item. Chairman Regalado: OK. There is a motion and a second. All in favor say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes four to zero. Ms. Dougherty: Thank you so much. Chairman Regalado: Thank you. 163 February 14, 2002 The following motion was introduced by Vice Chairman Winton, who moved for its adoption: MOTION NO. 02-174 A MOTION TO RECONSIDER MOTION 02-115, WHICH PASSED ON JANUARY 24, 2002 AND HAD DENIED REQUEST TO AMEND ZONING ORDINANCE 11000 TO CHANGE THE ZONING DESIGNATION AT 3225 FRANKLIN AVENUE FROM R -I SINGLE FAMILY RESIDENTIAL TO SD -2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT; FURTHER DIRECTING THE MANAGER TO SCHEDULE SAID ITEM AT THE COMMISSION MEETING CURRENTLY SCHEDULED FOR JUNE 13, 2002. Upon being seconded by Commission Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 164 February 14, 2002 0 53. CREATE NEW CHAPTER 11.5 OF CITY CODE ENTITLED "CIVILIAN COMPLAINT INVESTIGATION AND REVIEW" TO CREATE AND ESTABLISH CIVILIAN INVESTIGATIVE PANEL TO SERVE AS INDEPENDENT CITIZENS' OVERSIGHT WITH AUTHORITY. Chairman Regalado: Now, we go into Item 15, second reading ordinance, Civilian Complaint Investigation and Review; to create and establish the Civilian Investigative Panel. Mr. City Attorney, could you just tell us, briefly, before we open the floor, the changes that have occurred between the first and the second reading of this ordinance? Alejandro Vilarello (City Attorney): I'll try to be brief. The changes, essentially, were encompassed by approximately 10 motions that the City Commission entertained at the last Commission meeting, which included the authorization to -- that the panel would have the ability to -- of oversight of the departments -- Personnel and other departments, Fire, NET (Neighborhood Enhancement Teams), Solid Waste, Public Works, Building, Planning and Zoning, and their ability to review discipline that might have been provided in those departments, as well as the policies within those departments, but not the ability to subpoena witnesses within those departments; to collect and review other data that might be related to those other than police personnel. Chairman Regalado: OK. Vice Chairman Winton: Would you read that again about the Fire and -- Mr. ViIarello: The ordinance was modified in its reading to allow the panel to look into other departments, which had enforcement or sworn personnel. Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: Before we get into this, that was pursuant to a motion that I had urged and the Commission had agreed to. I would like to announce, before the public hearing, that I am prepared, if I can get the support of my colleagues, and I'm sure we will, to withdraw all references to other agencies, and keep it clean and simple at this time, with the caveat that in a year or so, we'll come back and look at that again. And so, it would be my intent to announce now to the public my intention, as a sponsor of this provision in the past, to withdraw any reference to any other department, such as Fire or Code inspectors or Code Enforcement. And, Mr. Cox, of course, has been very, very aggressive in trying to force this recommendation. I'm pleased, Mr. Cox, to support your recommendation. Commissioner Gonzalez: Is that a motion, Commissioner Tecle? Commissioner Teele: I would so move, Mr. Chairman. Commissioner Gonzdlez: I second your motion. 165 February 14, 2002 • 0 Chairman Regalado: There is a motion and a second. Thank you very much, Commissioner Teele. You just saved, I think, an hour of debate, and sore aggravation here. Because I really -- you know, I really think that the voters -- my feeling -- to come out and say it publicly, that I was not going to support that, is that the voters understood that this was for the Police Department and for the Police Department only, and that's why they voted the way they did. So there is a motion and a second. All in favor say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes four to zero. The following motion was introduced by Vice Chairman Teele, who moved for its adoption: MOTION NO. 02-175 A MOTION TO AMEND PROPOSED ORDINANCE RELATED TO THE CREATION OF THE CIVILIAN INVESTIGATIVE PANEL BY WITHDRAWING REFERENCES TO ANY OTHER DEPARTMENTS OR SWORN PERSONNEL, SUCH AS FIRE, CODE INSPECTORS OR CODE ENFORCEMENT PERSONNEL; FURTHER STATING THAT IN APPROXIMATELY ONE YEAR, THIS MATTER WILL BE REVIEWED. 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 Gonzdlez Commissioner Arthur E. Teele NAYS: None, ABSENT: Commissioner Joe Sanchez Chairman Regalado: So we got one down, one point of friction down. And, Mr. City Attorney, continue with the changes. Mr. Vilarello: OK, The Commission -- the ordinance was also changed to allow that any member of the Civilian Investigative Panel would have the discretion to consult with their independent counsel, and have their independent counsel consult with the State Attorney's Office, with regard to the consideration of the issuance of a subpoena or not. We also changed it to require eight affirmative votes of the members of the panel in order to actually issue a subpoena. We -- 166 February 14, 2002 Chairman Regalado: OK. Let's stop there. Let's work this thing. I think the last time we were successful in working this thing. Commissioner Teele: Mr. Chairman, Chairman Regalado: Yes, sir. Commissioner Teele: Respectfully, what we committed at the last time is that we would hold a frill public hearing. Chairman Regalado: Absolutely. Commissioner Teele: We would allow everyone to come up -- Chairman Regalado: Absolutely. Commissioner Teele: -- and give every statement that they'd like to within the three minutes. Chairman Regalado: And that is why I think that we should just open the forum. So whoever and whatever we have to hear before, you know, we take a vote and start discussing among us. So -- Commissioner Tecle: Mr. Chairman, Chairman Regalado: Yes, sir. Commissioner Teele: If you would, though. I would like to make an announcement to the public. Today is Valentine's Day. We are here. We've had some of the citizens to present us with roses, and as you look at us, please look at the roses and know that we all have families that we'd like to get home to at some point before this day is over. Thank you, Mr. Chairman. Chairman Regalado: Yes, sir. OK. Bradford Brown: Yes. Chairman Regalado: Go ahead, sir. Mr. Brown: Thank you, Mr. Chairman. I'm Brad Brown, president of the Miami -Dade branch of the NAACP (National Association for the Advancement of Colored People). And I'm going to first note that we have been circulating copies of the ordinance with our suggested changes in it. And we are -- various ones of us will speak to specific changes, and I will speak to the first one that we wish to bring up, and that is in 11-52 Section 3, dealing with the issue of policies. We would propose that there be a sentence added at the end that says that would not only can make written recommendations related to policy, but that we would provide input to the Chief of Police given the development, and prior to the implementation of any new or revised policy and procedure. Originally, we had asked and suggested that we have a seat on any policy review 167 February 14, 2002 boards, but we were informed that that was not a procedure that was followed by the Police Department. So we'll attempt it with this wording to address this issue. We feel that it is very important that the CIP (Civilian Investigative Panel) become involved while policy is being developed, because we think there's some real opportunity of changes before lines are drawn. And it's in the discussion phase, when suggestions can be made, before there is pride of ownership in a policy and, you know, are prepared to have to criticize it. And that a much more constructive way would be to have the CIP involved in that development, and that's why me made this particular proposal. And we think that that's a very constructive way to approach this issue. Chairman Regalado: Thank you, sir. We continue with the public hearing. Yes, sir. Jaime Perez: Good afternoon, gentlemen. My name is Jaime Perez, 369 Southwest 23`1 Road. I am representing SALAD (Spanish American League Against Discrimination). I am the Executive Director. I came here today proposing to an amendment to the ordinance. There is two objectives in this amendment. One, to make the function of the panel more representative, and second is related to the Executive Director. We think that the Civilian Panel, once established, implies from the beginning a lot of administrative and clerical works. The importance of this project require the use -- the knowledge of an Executive Director who is familiarized with the panel's creation from its inception. To wait one year, from the effective date of the ordinance that established the panel, for the appointment of an Executive Director, as is dictated on Section 11-510, Number 4, on page 14 of the ordinance, it's an erroneous approach that could slow down the panel's function. To correct this problem, we propose the amendment on Section 11-54, entitled "Officer," on Page 7, to read as follows: Section 1154 "Officer," "A," the Civilian Panel shall elect, by majority vote, from its members a chairperson, vice chairperson, such other officers as deemed necessary, and members serving the various committees that the Civilian Panel may establish from time to time." The original ordinance established that the chairperson appoints the members of the community. We think that would be the responsibility of the whole panel. And the second -- the "B," Executive Director (INAUDIBLE) at the first meeting of the Civilian Panel, its members, by majority vote, shall nominate an Executive Director. The appointment, terms, and conditions of the Executive Director's employment shall be approved by the majority vote of the City Commission. The Executive Director (INAUDIBLE) before entering upon any duties. If this amendment is approved -- accepted, now section 11-510, number 4, on page 14, shall be deleted. This I will propose, Mr. Chairman. Chairman Regalado: Thank you. Thank you. Go ahead, sir. Fernando Gonzalez: Good evening. My name is Fernando Gonzalez. We have only East Little Havana, (INAUDIBLE) community organization. The -- something what is concerning to our neighbors, or to the people who meeting in our office, is the future of the panel. The future of the panel because, at this point, some organization that I'm member now, the Coalition, nominated by the City Commission here, when we start creating the panel, they was really opposed to the panel. And now they are member of the Commission, and they are going to be members of the panel. What's going to be happen in the future when we going to have an argument about the decision to go into against a bad police officer? It's going to be a cat and 168 February 14, 2002 dog fight. So, it doesn't look like in the future the panel is going to work appropriately. And our concern is like, in the way, what the panel is creating now was not really the decision of what the people vote for. The people vote for a Civilian Panel, and a civilian -- when we started this, we believe that we're going to -- all the members of the community create the panel, and came over here to the Commission, and going to the police officers, and going to the law or whatever. And., under the Sunshine law, everybody could be (INAUDIBLE) and they had to know who is the people who would be in the panel. But in this point, the panel is being created -- in the way, what the panel is, we believe that we're going completely wrong. Some organization agree with the way what it is, because some organization before -- since they came over here before, they was opposed to the panel. But we want to do this with integrity, with honesty, and we want to do this for our members of the community for the -- our police officer that we got coming out today, because they are doing a very great job in our neighborhood, cleaning our neighborhood from criminals and everything. But we want to work all together in a link, in a bridge, you know, but in the right way, the community with the police, the community with the Commissioners and the Mayor of Miami, with the community walking with the law all to -- hand by hand. But this coming from only one way. It's only one way -- one road. It's not -- it doesn't look in the way what is working, really, Commissioners, please. This is not going appropriate to how the voters, the people who was convinced to vote for this, is going to be. I have to tell you the way what we're feeling. This is the message what I have from my community. We are not agree with this process in the way what it is now. Chairman Regalado: Thank you. Mr. Gonzalez: You're welcome. Chairman Regalado: Thank you. Go ahead, sir. Mariano Cruz: Mariano Cruz, 1227 Northwest 26`x' Street, City resident, taxpayer, voter. And one thing, remember you have to -- you represent not only the people that are here, but the people that are out there, that pay the taxes, that don't come here. But then they get on the phone and they call different programs, and the whole thing happen. But talking about the CIP, the Civilian Investigative Panel, is a reality. Whether some people like it or not, it's going to be. It should be, because more than 70 percent of the people vote for it. So the Commission has a mandate to do it from the electors, the ones that bothered to vote, which is not a majority of the City, but it was a majority of the people that went to vote. (INAUDIBLE) in a way, it's not the government of the majority. It's the government of the people who vote. I am not -- I disagree with the number. I should have less than 15 people on the board, because it's very hard to get a quorum with 15 people. Nine people, that sounds good. Because I've been in many boards, and the boards that work the better are the ones that -- from five to nine members. More than that is bad, and less than that is bad, too. And another thing, I think that the members should be appointed directly by the Commission, because if those members, whatever they are, we cannot remove them. But we vote for you. You get to answer to the electorate. People that are appointed through a Nominating Committee on that, I don't think they have to answer to anybody. So I am -- that the Commission appoint them. The same thing they do with the Planning and Zoning Board or whatever (INAUDIBLE) appoint them from that, people that willing to serve, not people that want to be members of the board just to have a good curriculum 169 February 14, 2002 vitae, a good resume. No. It shouldn't be like that. And I'm talking to the police. You brought this onto yourself by in actions, by the Internal Affairs not working properly, whatever, because I hear all the stories of people over there that tell me about what happen with them, when they complain to Internal Affairs. And the Coast. Be careful of the Coast. But the Coast -- remember, if we say, like today in the agenda, 12A, in one case, a million two hundred fifty thousand, I think that would be more than enough to pay for the Civilian Investigative Panel for more than one year, because you see in every agenda the issues of the City paying, just dealing without going to jury to avoid paying more money if they go to jury. I think the only thing to do with that is Godspeed and go do it. Don't -- in so many meetings and so many things. Thank you. Chairman Regalado: Thank you, sir. Go ahead, sir. Jose Arrojo: Good evening. My name is Jose Arrojo, 8100 Oak Lane, in Miami Lances. Gentlemen, I'm representing the Fraternal Order of Police this evening. And the Fraternal Order of Police represents approximately 1,000 sworn police officers, police sergeants, police lieutenants, and police captains, who serve the citizens of this community. I've been a prosecutor and a police union lawyer in this community for 15 years. I think I speak with a certain degree of knowledge when I tell you that the police officers for the City of Miami Police Department are the most scrutinized and most examined public employees in this community. Their actions are investigated by criminal investigators in their own Police Department, by Internal Affairs officers in their own Police Department, by criminal investigators in other Police Departments, by the State Attorney's Office, by the United States Attorney's Office, by the Florida Department of Law Enforcement. Even though, even though their actions are daily scrutinized by over five, or six, or seven other law enforcement agencies, the Fraternal Order of Police did not oppose, in principle, the establishment of a Civilian Investigative Panel. And they didn't do it, principally, because they realized that the people of this community have spoken. And that over 70 percent of the people of this community approved the establishment of the Civilian Investigative Panel. However, this evening we are here to tell you that we are in opposition to the Civilian Investigative Panel as it is being presented, because we believe that if we did not oppose the will of the people, and that if we agreed to involve ourselves in the process, that at the same time we would be guaranteed a certain degree of fundamental fairness. That's not happened. Even though the people of this community spoke last November, the people of this community have also spoken. The people of the state spoke in approving Article I, Section VI of the Florida Constitution, which provides that public employees have the right to collectively bargain with their employees. We have been engaged in collective bargaining with the City of Miami for months. We have been seated again and again in arms length negotiations. Last August, we wrote to the City and we asked them, please address our concerns, bargaining concerns, as you establish this panel. How are the police officers' bill of rights going to be incorporated? How was the fact that Florida Statutes provide for the composition of a Complaint Review Board going to be incorporated? How are the officers going to be given the fundamental due process that this very panel seeks to impose? As it's presented -- as you are reading this afternoon -- this evening, the Civilian Investigative Panel ordinance does not allow officers to confront or question the complainants who are coming to speak publicly against them. It does not allow our officers to publicly address or question the witnesses that are going to speak against them. It does not allow them to participate either directly or through counsel in 170 February 14, 2002 0 • evidentiary hearings. You are setting up a civilian interview -- Civilian Investigative Panel that is going to deprive the police officers of your City with fundamental due process. We have tried to cooperate. We have sat quietly, because the will of the people has been heard in approving the ordinance. Do not approve an ordinance that does not take into account fundamental statutory due process rights of the men and women who protect the citizenry of this community day in and day out. We ask you, go back to the table. Engage in arms length negotiation and collective bargaining with the officers union, as is demanded by state law and under our state constitution. Include due process rights for our officers. Do not ratify the ordinance as it is being presented to you this evening. Thank you. Chairman Regalado: Thank you, sir. Vice Chairman Winton: Mr. Chairman. Chairman Regalado: Yes, sir. Vice Chairman Winton: Who put I had two things just handed to me. I don't know where they came from. Chairman Regalado: It was given to the City Clerk by PULSE (People United to Lead the Struggle for Equality) to be delivered to members of the Commission. It's on the record. City Clerk, she delivered that on behalf of PULSE. Vice Chairman Winton: Well -- Nathaniel Wilcox: Yes. I'm going to speak on that, Commissioner. Vice Chairman Winton: Well, next time you deliver something to me, make sure that there's dates on whatever the printed material is, please. Mr. Wilcox: OK. All right. Vice Chairman Winton: And that the whole article is there, so that I don't get just whatever part of the article is. Mr. Wilcox: OK. Vice Chairman Winton: Thank you, Mr. Wilcox: My name is Nathaniel Wilcox. Address is 150 Northeast 19"' Street. I also came to talk about fundamental police rights and due process, and the due process rights of the citizens. And, Commissioner, that article that you are -- we're looking at, it said police warned not to retaliate against officers. And I'm going to be talking about procedures of filing complaint under 115.6. And we -- the community woke up to read this article about police warned not to retaliate against one of its own officers. That, to us, said a whole lot about what's going on at Police Department, and why we're here tonight to correct some of those situations. If a police 171 February 14, 2002 0 0 officer, following due process, cannot go to his own superiors without fear of being retaliated against, without fear of getting his brains busted out, or without fear of being supported by his fellow officers, how do you think the citizens of this community feel when they want to report police misconduct? We are asking -- we are requesting this Commission to be able to allow citizens not to continue to feel that fear of reporting instances of police misconduct. This article says a lot about what's taking place in the City of Miami Police Department. The Chief, himself, pleaded ignorance when the U.S. Attorney had to get involved to tell him not to retaliate against an officer who was cooperating with a federal investigation. We feel that this part of the statute under 5 — 11-56A should include the ability of citizens to give complaints anonymously. Crime Stoppers says you can give anonymous tips. HRS (Health & Rehabilitative Services), you're able to give anonymous tips in terms of misconduct by parents. Police Department, I can go to the Miami Police Department or call the Miami Police Department and make an anonymous tip. The FBI (Federal Bureau of Investigation), and several other very important agencies, people are able to participate in this process, remain anonymous, and make a report. So we're asking this Commission not to exclude the citizens from being able to make anonymous reports when they see criminal activity taking place, regardless of whether its by police or citizens. We have worked with Miami Police Department with our Hot Spot Campaign, with the City of Miami Police Department, where we were able to gather over three million dollars ($3,000,000) worth of drugs, because citizens were able to anonymously report criminal activity taking place in the community. You also see where one of the Miami Police Commanders signed off and the number of arrests that were made because of anonymous complaints. So, if you're asking the citizens to make anonymous complaints against one another, if they see police misconduct taking place, they should also be given that right to anonymously report whatever they see take place, and not arrest the officer right away, but an investigation take place to validate what has been turned in. Chairman Regalado: Thank you, sir. Commissioner Teele: Mr. Chairman, may I inquire of Mr. Wilcox? I guess, one of the concerns that Commissioner Winton raised, and now I have the same -- the article that we have before us, can you tell us approximately when this article appeared, and was this The Miami Herald? Mr. Wilcox: It was The Miami Herald October/November, somewhere in there. Commissioner Teele: OK. It appeared the latter part of last year, Chief Raul Martinez (Chief of Police): Commissioner, if I may clarify, please. Commissioner Teele: If I could. Mr. Manager, if you could have someone from our Media Office to pull this up on the internet or something, so we can get the frill article, so that we can fully understand exactly what is being presented, because it is a rather imposing headline the way it's presented to us. Mr. Wilcox: Right. And that's what the citizens read. 172 February 14, 2002 0 Commissioner Teele: And I'd like to see the beginning of the story, as well. Carlos Gimenez (City Manager): Yes, sir. What day was this published? Mr. Wilcox: It was latter part of last year. Commissioner Teele: I'm sure that the -- Mr. Gimenez: OK. We'll see what we can do. Commissioner Teele: I'm sure that the -- I'm sure the Chief -- the police -- the information officer -- Mr. Martinez: Commissioner, Raul Martinez, Chief of Police. het me say something. When this article came out, it was very disturbing. Mr. Guy Lewis, himself, called me personally and he said he never told that to The Miami Herald. He was completely misquoted in The Miami Herald on this quote. And he said he called himself directly to Miami Herald, but unfortunately, they have a tendency to print what they want to when they want to at the incorrect time. It happened somewhere in the summer of last year, if I'm not mistaken. Mr. Wilcox: Well, there was a case, a whistle blower case, with the Miami Police Department, where the officers did make a report, and he was hassled by his own internal group. So, this is what our citizens are very much concerned about. If they make a report, they don't want to have to face an officer down one night late all by themselves, and end up in jail because they made a report. Chairman Regalado: Well -- I mean, you know, we are not going to debate here whether The Herald did or didn't publish the right thing. The fact of the matter is that, you know, sometimes everybody tends to blame the messenger, and the media is only the messenger. So, you know, the press is only a conduit for things that happen. But, anyway, it's been requested -- Chief, I'm sure that the PIO Office would have in files the article, probably. They have files. So, regardless of what it didn't say or did say, the members of the Commission want that article, to make a better judgment of the issue. So, we just go on. Thank you, sir. Go ahead. Timothy Milton: Yes. How y'all doing? My name is Timothy Milton from 813 Northwest 6"' Avenue, Florida City, Florida. I want to know why ex -felons, who reformed themselves, cannot be on the Investigative Panel? Chairman Regalado: And you live where? Mr. Milton: Florida City, Florida. Chairman Regalado: Well, you know, it's been -- the consensus of the Commission is that to be in the panel, you need to either live or have a business or an office in the City of Miami. I'm just saying this as a matter of information. Because I think that is the consensus of -- as of convicted 173 February 14, 2002 i • felons, I don't know what would be the consensus of the City Commission, and certainly we're going to have to decide this today. Mr. Milton: Yes, I understand that. But I'm representing a lot of convicted felons, who are in Miami, who have reformed theyself. Me, myself, I have reformed myself. I've been in federal prison. I have a youth program in the south, helping disadvantaged kids. Have like 70 kids. I started with two kids from the living room of my home. I have made a very good impact with kids' life. I go to the schoolhouse and visit three, four times a week. Matter of fact, I went to the school today. Three teachers called me to come see about the kids. What I'm trying to say is, you know, because we convicted felons, but I -- we reform ourself and we should be -- had a right to be on the panel. Chairman Regalado: Sir, that's a decision that the City Commission will have to take tonight by a vote. You know, we have to decide whether convicted felons could or could not serve in this panel. So, I would invite you to stay for a while, because if we get into this debate, you might want to come back and say something about it. Mr. Milton: Yes. I have articles on my work and everything, you know. And I think, you know, convicted felons should have a chance to be on the panel. Chairman Regalado: OK. Thank you. Thank you. If we have -- any other person -- yes, go ahead. Just wait. Mr. Milton: All right. Thank you. Mr. Rameau: Good evening. Max Rameau, 4055 Northwest 17th Avenue. I'm going to try to keep it very brief, go into the area of qualifications, which is qualifications for sitting on the Civilian Investigative Panel, which is letter "D," Qualifications, like the fourth page in, I think. Vice Chairman Winton: Max, where is it? Mr. Rameau: We have two -- Vice Chairman Winton: Max, where is it again? Mr. Rameau: It's the section -- I'm sorry. -- 115-2. And then it's the fourth page in, letter "D," qualifications for members of Civilian Investigative Panel. Chairman Regalado: Where is that? Mr. Rameau: About the fourth page in. It's the second paragraph. It says "Qualifications for members of the Civilian Investigative Panel." Eleven/five dash two, about the fourth page in, "qualifications for members of the Civilian Investigative Panel." The top of the page says letter "C," the Nominating Committee shall submit a list and the next one down is the letter "D," qualifications for members of the Civilian Investigative Panel, 174 February 14, 2002 Chairman Regalado: OK. Go ahead. Mr, Rameau: We have two issues here. First one with number 1, where the previous gentleman spoke very eloquently about, is the exclusion of ex -offenders. Our concerns here -- and this also ties to number 2, which is, we think, one item which is missing, is former City of Miami police officers. It already says no current employee of the City of Miami. It should also say no former employee of the City of Miami Police Department should be able to sit on the panel. What we're trying to avoid here are inherent conflicts of interest, and there seems to be one with a former -- if we have a former City of Miami police officer who's going to sit on the panel. It's going to create the perception that this guy is here to do the bidding for his former employer. And leaving out ex -offenders, there is no -- Vice Chairman Winton: Max, can you help me out with something here? Mr. Rameau: Yes. Vice Chairman Winton: I'm struggling with some logic a bit. Mr. Rameau: Go ahead. Vice Chairman Winton: There's an inherent conflict if there is a former police officer. Mr. Rameau: Right, because he used to work for that department. Vice Chairman Winton: I don't necessarily disagree with that. But there's no inherent conflict if it's a former convicted felon? Mr. Rameau: Right. Vice Chairman Winton: That logic is escaping me. How does that work? Mr. Rameau: I would say, if the logic is that -- an ex -offender can rehabilitate themselves, and not harbor any ill will toward the people who put him in jail. So, that's --hold on. Hold on. Let me -- Chairman Regalado: Are you kidding? Vice Chairman Winton: Well, so could a police officer. Chairman Regalado: Are you kidding? Mr. Rameau: Let ime tell you. I think it would be more complete -- it would be more intellectually honest if it would say that no one who's ever been arrested, ever, guilty or not guilty, misdemeanor or felony, should be allowed to sit on it. In which case, anyone who's ever been -- 175 February 14, 2002 Vice Chairman Winton: Is that what you want us to say? Mr. Rameau: No. But it would be more honest -- at least it would be honest all the way through. Vice Chairman Winton: It might be. So, since you don't want to go there, we -- Mr. Rameau: In fact, if you think about it, someone who's been arrested and then cleared probably thinks more poorly of the police than someone who's been arrested and convicted, because they think I've been arrested wrongly. And so, I got arrested; I spent time in jail, whether it was a night or however long, and then I got out. I mean, this wouldn't have happened to me, if the police wouldn't have set me up or made a mistake or whatever. They would have more -- so, therefore, they would be more likely -- I think people who have been cleared should be removed from there before you remove ex -offenders from there. Vice Chairman Winton: Well, thanks for the help on the explanation. I am -- Mr. Rameau: I hope that clears it up for you. Vice Chairman Winton: -- not very convinced, but I do have an explanation. Mr. Rameau: All right. In addition, I think it helps the process of ex -offenders getting back into society if they feel like they can participate in every aspect of society, and this is one of the important parts of that. Second part is 115-6, which is procedures. We believe that there should be anonymous -- allow for anonymous complaints, and complaints made through organizations. We take a large number of complaints about police brutality, Brothers of the Same Mind does, in City of Miami and the County, and other jurisdictions, and we file complaints on behalf of other people, when they are concerned about their own safety, when they go in to make a complaint. And finally, on 115-10, all the way in the back, under budget, subsection number 4, it states that the "Civilian Investigative Panel, in this version, the Executive Director's employment status shall be subject to the approval of four/fifths of the City Commission." Vice Chairman Winton: Max, where is that again? I'm sorry. Mr. Rameau: This is 11 -- section 115-10. It's the second to the last page -- third to the last page. Review and approval of annual budget -- Vice Chairman Winton: OK. Mr. Rameau: And go down to number 4, "appointing a civilian -- appointing an Executive Director." And then terms and conditions of employment -- essentially, if the guy gets hired or not -- "is subject to a four/fifths approval of the City Commission. The Executive Director shall be hired by and held accountable to the Civilian Investigative Panel, not to the Commission, not to the City Attorney or the City Manager, but to the panel." That's the only way it's going to be able to maintain its independence. Thank you. Chairman Regalado: Thank you, sir. Go ahead. 176 February 14, 2002 0 • Jeanne Baker: Good evening, Commissioners. Jeanne Baker, 2937 Southwest 27th Avenue, here as a member of the Coalition. I want to address two points, after saying Happy Valentine's Day, that is. I want to first address the point that I think it's Mr. Jose Arrojo, from the Fraternal of Order of Police, raised. We actually agree with the Fraternal Order of Police, that there needs to be and should be due process rights in the ordinance. We believe that the due process rights are there; although, certainly, you know, there might be some words that could be tinkered with, if need be. But I'm going to call your attention to 115-8, Section 115-8, which is kind of towards the end, and on the draft -- that's the Coalition draft that has the, you know, cross -outs, et cetera. It's like the fourth page back from the end. It starts at the very bottom. It's right under subpoena power, if you can find that. Now, one small editorial change that the Coalition actually asks for tonight, in that provision, which the City Attorney's draft captioned "cooperation of City employees and officials," etcetera, we think should actually say, "rights of City employees and officials appearing before the Civilian Investigative Panel." And if you look at the next page, so 11.5-8, if you look at especially 2, 3 and 4 -- subsections 2, 3 and 4, 1 think you will see that we did include provisions and, in deed, the City Attorney's draft included provisions that assure a confrontation of the ability to confront the complainant, to learn the content of the complaint prior to being interrogated. That's in subsection 2. In sub section 3, anyone who appears, and this certainly would include an officer who is named in a complaint, may be represented by a counsel; that counsel can be present at all times, and then in paragraph 4, "witnesses, their attorneys, or representatives may participate in evidentiary hearings." Certainly, the intent of those paragraphs is to assure the kind of due process that the FOP (Fraternal Order of Police) wants to assure it has and the Coalition, the ACLU (Americans Civil Liberties Union), we believe in due process. We want that in there. I will tell you that at an earlier time, in one of the many drafts that have gone back and forth, our draft had a much longer list of rights and due process rights, and the City Attorney's staff that we worked with advised us that, you know, we didn't have to go into the micromanagement of every detail. So, this was the way it was left. Certainly, there can be, you know, as I said, some tinkering with language, but the concepts are all there, and we think it's very important that they be there. But that. the Commission not, you know, mistakenly think that due process isn't there, because it is. If there are any questions about that, I would be delighted to ask -- answer them. Otherwise, I just want to take up a separate second point. Chairman Regalado: Go ahead. Just -- Ms. Balser: Thank you. The next point that I want to call your attention to is where we do think there needs to be some small amendments made, and that would be in section 11.56, and that deals with this issue of the determination that an investigation will not interfere with any pending criminal investigation. Vice Chairman Winton: So, where exactly is that? Ms. Baker: Yeah, I've got to find it myself. I wrote it down. Eleven five six. Vice Chairman Winton: Yeah, I got the 115.6. I just didn't know where she is. 177 February 14, 2002 • Ms. Baker: OK, yes. Then go down to sub section 2, review of complaints. And if you're looking at the draft, if we're on the same draft, it would be easier to follow me along. If you're looking at the draft, where we have redlined it or black -lined it, I guess. Just skip over the, prefatory paragraph, because that black lining there is just for purposes of consistency. And if you read in 2A, we actually make just two suggestions for change there. The first suggestion is just to make it clear that the determination that an investigation will not interfere with a pending criminal investigation; pertains to a situation when there is a complaint that may result in the prosecution of a felony. That's important, we think, to limit it to that kind of situation, because there will be many complaints that the CIP will receive, which deal with rudeness and discourtesy. When I say that, I mean, I say it as if it's a fact and I'm saying it as if, you know, I know. Well, what I'm speaking on the basis of is the experience of similar oversight agencies across the country, that a large amount of the business of the CIP is not going to rise to even the level of a misdemeanor, potential misdemeanor, no less a potential felony. So, there's no need for a, you know, specialized determination of non-interference with a criminal -- pending criminal investigation in a situation which couldn't even, in one's wildest dreams go there. So, we just think this is clarifying language to say that the panel may proceed with an investigation of a complaint that may result in the prosecution of a felony. That's the first change. It's just to add that limiting language. And the second change in that paragraph is actually to bring it back into line with what this Commission voted on when we were here the last meeting. If you -- you may recall, there was quite a bit of back and forth on this issue of how to set up the assurance that the CIP would not interfere with an ongoing criminal investigation. And there were -- you heard from many speakers on both sides. And then your City Attorney came up with language which was like a log jam breaker, and his language -- because I wrote it down at that time, and then went over it afterwards to check to make sure I had it correct. His language at the time that you guys voted on was, "the CIP may proceed with an investigation, after consultation with its independent counsel, who shall consult with the appropriate prosecutorial agencies." And then in the draft before you, we're just making a recommended change, which we really think isn't even an issue -- shouldn't be an issue with the Commission, to go back to exactly what you voted on at the first reading, that the CIP makes the determination to proceed, but it must consult with its independent counsel, who, in turn, must consult with appropriate prosecutorial authorities or prosecutorial agencies. And the reason that's important is not only because you voted on it. You voted on it because it was really the right thing to vote in; because it places the responsibility for the decision squarely where it needs to be, on the CIP. It's the CIP that can be brought into court, if the State Attorney's Office thinks that the CIP is making a mistake. It's not the independent counsel who gets brought into court. It's the CIP. The CIP is the panel that you're going to be, by your appointment of them, empowering them, and they're the ones that have to be accountable and make the decision and be then accountable in court, if they are brought into court. So, those are the comments that I wanted to share with you, with respect to that provision. And at an appropriate time, you know, obviously, if you take it up further, be happy to comment further. Chairman Regalado: Thank you. Yes. Mr. Brown: Yes. Mr. Chairman, Brad Brown, President of Miami -Dade branch, NAACP (National Association for the Advancement of Colored People). I'll be very brief. But I do want to respond to Commissioner Winton's question about what I think is a very fundamental difference between the two categories. 178 February 14, 2002 i • Vice Chairman Winton: I thought somebody already did respond. Mr. Brown: Yes, but I want to give a response to that question. For an ex -felon to be appointed to the Civilian Panel, Investigative Panel, that ex -felon would be somebody who would have had to pass through a nominating process and then, by vote of this Commission. And I think the public would have full faith that this Commission would not appoint anybody, ex -Melon or otherwise, who they did not feel would be able to effectively be -- have an unbiased area. When we look at former police officers, I am convinced that they're individual police officers who could be effective members, and some of those may actually -- one of them could even be the independent counsel, because I'm convinced that they were hired in a job like that, that the public would have confidence that they might. Vice Chairman Winton: One of them could be a convicted felon. Mr. Brown: That's true. But I'm not convinced -- when we see the involvement of many former police officers, as a group -- I understand there's even a website that they interchange and maintain regular contact with the officers in the force; that the public would see that this Commission has gone through the same rigor with looking at former police officers on the appointment to the panel, that we would expect and the public would expect with ex -felons. So, I think you get a significant difference in the perception of the panel if you do that. Thank you. Chairman Regalado: Thank you. Ma'am, do you want to -- Trudy Novicki: Oh, yes. I was waiting for them to finish. Chairman Regalado: Go ahead. Ms. Novicki: That's OK. Thank you very much. Trudy Novicki from the State Attorney's Office. Good evening everyone. I'm sorry to come in midstream in the proceedings. I was in the middle of a trial, and we just recessed. I heard Ms. Baker's comments regarding the consultation versus determination by the independent counsel. I guess from a lawyer's point of view, I've always been a little concerned what consultation means. I guess that just means a phone call. I don't really know what it means. I think determination is a little clearer word. But I would leave that up to your City Attorney. What I had really suggested, after we had talked -- and I just wanted to address this, because I had actually requested an additional line be included by the City Attorney, and that was, if there was a disagreement and -- Vice Chairman Winton: Where are you including this line? Ms. Novicki: I'm sorry. I'm on page 9 of the present, I guess, City draft, which is section 115-6, paragraph 2, Review of Complaints. It's the line section which begins "the Civilian Panel may proceed." And the line I was addressing specifically was a decision of the Civil Panel to proceed with a new investigation may be challenged by any agency engaged in such investigation or prosecution by seeking judicial order and law and equity in a court of competent jurisdiction, in accordance with law. What we were asking -- what I was asking is that such seeking would stay 179 February 14, 2002 the investigation until there was a judicial order, because if the Civilian Panel were to proceed after a disagreement, continue its investigation, then it would sort of negate the disagreement. It's like I would say that the stay would be equivalent to a temporary injunction until you can go and get the matter resolved one way or another. And that's all I was asking for, that there be a stay if we do have a disagreement. Thank you. Commissioner Teele: Mr. Attorney? Ms. Novicki: Any questions? No. Commissioner Teele: Had you all received a copy of that request? Alejandro Vilarello (City Attorney): Yes. Commissioner Teele: Do you have language drafted that would -- I mean, what her request appears to be is simply -- Mr. Vilarello: We have no problem with her request. It simply wasn't a part of the direction from the City Commission. Ms. Novicki: And that's true, it was not. We had not addressed that. Commissioner Tecle: In other words, the simple matter here is, if there's a disagreement, if one - - if both -- if the investigation is not stayed, then the damage can be done, if any -- if any damage is done, by just proceeding. And what they're saying -- the State Attorney's Office is simply saying, as I hear this, is that they want a stay until the judge rules affirmatively; is that -- Ms. Novicki: That's correct. That's correct, Commissioner. That's all we were asking for. Commissioner Gonzalez: To me, it seems logical. Ms. Baker: May I address this, briefly? Commissioner Teele: I'd like to hear your views. Ms. Baker: Yes, of course. Thank you. Certainly the State Attorney, which is armed with many, many attorneys right -- you know, virtually in the building or adjacent in the building where the courts are and the judges are, and they have a State Attorney in every -- an Assistant State Attorney in every court that is in session, at least dealing with criminal matters everyday. The State Attorney can quickly go into court and seek a stay on any case, where they have a basis for a stay. That was -- and I see the City Attorney nodding his head. I hope I'm -- Mr. Vilarello: Don't assume what I was nodding my head about. Ms. Baker: Oh, all right. But I was correct, what I saw. There -- when we agreed on the language -- and the Commission voted if the language, in a court of competent jurisdiction, in 180 February 14, 2002 0 0 accordance with general law, that includes the right of the State Attorney's Office or the U.S. Attorney's Office or some other prosecutorial agency, if one might be appropriate in an instance, to, of course, go into court, and if they have a basis to obtain a TRO (Temporary Restraining Order), they would certainly get it, and they can -- you know, there are procedures for even getting TROs on an exparte basis and on an emergency basis. All they have to do is have their proof. What I think would be just wholly undermining of the independence, which is what the voters approved in the Charter, the independence of the CIP would be for the State Attorney to be able to just say, "Well, I disagree and therefore, boom, you guys have to stop working." It's fine if the State Attorney directs one of her, you ]snow, attorneys to get into court in a big hurry, make the right presentation to the judge, and get a TRO, absolutely. That's what's contemplated in the last sentence. But we cannot, I think, have an independent CIP. If the independent CIP can literally be stopped in its tracks by a decision, unilateral by the State Attorney's Office -- Vice Chainnan Winton: Well, I might be missing something, because I thought you just said that they have all these attorneys, with all these judges, in all this big building, in the next building -- Ms. Balser: Right. Vice Chairman Winton: -- and that they can do that any time they want. Ms. Baker: They can. They -- Vice Chairman Winton: So what's the difference? Ms. Novicki: Oh, there's a difference. Ms. Balser: i think that there's a neutral -- the judicial system functions in our country, in our state, in our County, in our City, as the arbiter. And I recall when this -- I. do recall when this whole compromise of even creating an independent counsel came up at the sessions over the summer, and I remember Commissioner Teele coming up with this idea, and it was another log jam breaker -- and I remember the comments that various of you made, which is that, of course, in order to maintain the independence, if there was an issue over the non-interference with a criminal investigation, it would have to be decided in a court of law. And -- so all I'm saying is, the provisions that we have in place now, that you already have approved on first reading, provide an extra step that the State Attorney would have to take. She couldn't just decide, by herself, in her office, "Boom, I disagree; therefore, the CIP must stop." She could decide, "I disagree. I'm sending Trudy Novicki into court within the hour to ask a judge to stop it." And then if Trudy Novicki is successful in presenting, you know, whatever the judge requires, prima facie evidence or whatever, of interference, she would get her TRO. So, it's an extra step. It's a step that the State Attorney's Office can accomplish very quickly, very efficiently, but not as quickly as just one judicial officer -- excuse me -- one prosecutorial officer in the quiet of her own office, just making a decision that the CIP must stop its investigation. I think that would so undermine the independence -- Vice Chairman Winton: And there's no limit to how long you can stop her? February 14, 2002 0 0 Ms. Balser: Judge, I have -- judge. I've been in court all day. I'm sorry, Commissioner. Vice Chairman Winton: Yeah. I've been having a hard time communicating with attorneys for two days now, so please don't call me a judge. Ms. Novicki: I certainly have no problem. I think that the problem is that there's a hesitation that maybe the State Attorney will just say we have a disagreement and we're going to seek court process, and then sit on it. So, I certainly would have no problem with some time limitation, written notification and a filing with the court within 48 hours. Do something quick like that that can -- Ms. Balser: There is absolutely no reason for any provision of this sort. It is covered in the general law, and they can get into court much sooner than 48 hours. They can get into court within an hour, if they wish. But there's a principle here that's so important. What the voters approved was an independent CIP -- Vice Chairman Winton: The voters have no idea about all of these details associated with this. So, you know, I've talked to plenty of voters. So they -- don't give me the voters approved. Ms. Balser: But I -- fair enough. I won't make an argument that won't work. Commissioner Gonzdlez: May I, Mr. Chairman? Chairman Regalado: Yes, sir. Commissioner Gonzdlez: I just wanted to address that, because this is the second time or the third time that you say the voters approved. Ms. Novicki: OK. Commissioner Gonzalez: A lot of the voters approved the concept of this organization, but let me tell you. If some of the things that I've been proposing here are taken back to the voters -- and I'm talking specifically to a lot of the voters in my district. And we explain to them specifically how far we want to take this, and how controversial we want to make this, and how difficult we want to make this. I can bet you that most of them are going to say, I'm sorry that I did vote for this, OK. So -- Ms. Balser: As I said, seeing an argument that's isn't persuasive to you, let me make a different argument to you that I think -- hope will be persuasive and I think should be. The Genesis of the CIP came out of a enormous dissatisfaction with a failure of the State Attorney's Office to prosecute; and yet, in this morning's paper, another instance. Commissioner Gonzalez: Excuse me, again. I'm sorry. And I have to -- I can't accept that. Ms. Baker: OK. 182 February 14, 2002 Commissioner Gonzalez: I could not blame the State Prosecutor's Office for not prosecuting cases, OK. The problem has been that in the past, police administrations -- we had many problems with people that were in charge of the Police Department that didn't took care of business the way that they should have done it. But it's unfair to blame the State Attorney's Office or the United States State Attorney's Office for not prosecuting cases, as the same it is to blame the actual Police Chief and the actual people in command of the Police Department for things that passed 10 years ago or 20 years ago. Because hearing the cases that are coming out of the press now are cases that happened many years ago. Ms. Novicki: Well, I take -- Commissioner Gonzalez: I happen to disagree with you on that. Ms. Novicki: I'd like the opportunity to address that remark that's been made at the City Commission. I find it frivolous. I assume we're talking about a report in the Daily case. I'm not sure. I would invite everyone to read the 40 -page report, legal decision in that case, and I would challenge any attorney that wants to, and invite anyone that would like to come to the State Attorney's Office to discuss that case. I take offense at that remark. I think it was frivolous. There are some things I have admitted. There have been faults in investigations, but that was out of line. I don't think asking 48 hours when the State Attorney or the U.S. Attorney says, we believe this is going to interfere with a criminal investigation, for us to go to court, is unreasonable. And I'm not going to go back and forth with the red suit ladies. Chairman Regalado: OK. Ms. Baker: Let me just say -- Commissioner Teele: Well, it certainly makes for an interesting Valentine's Day statement. I'm sort of enjoying seeing the two ladies in -- Ms. Balser: The ladies in red. Let me say that although -- you've made points and I'm not going to argue, Commissioner Gonzalez, I hear those points. The bottom line, however, is in order for the CIP to function the way you have enacted it on first reading to function and in the Charter as an independent body, it has to make the decision. It can't be a decision that gets delegated to another agency. It just can't be. And there is a procedure right in place, which can even -- they don't have to wait 48 hours. The State Attorney's Office or the U.S. Attorney's Office can go into court and get immediate redress if they have a basis for it and that was, I believe, the rap of the elegance of the City Attorney's proposal for the language that he proposed. So, I think that this was contemplated and is included, and I think that it would be really undermining of what you have already enacted, and would be something that would have to go on first reading, I assume, tonight, because it's not even something that's -- it would be a decisive change from what you approved at first reading. Vice Chairman Winton: Well, could I ask you a question now? 183 February 14, 2002 • Chairman Regalado: Just go ahead. Vice Chairman Winton: Because I'm not a lawyer. I don't practice law. I have the worst time understanding how the system works, anyhow. So, I'd really like to ask an independent somebody, but I don't know who the independent someone is, because I have a statement on this side that says the State Attorney's Office can, within an hour, go get a stay from a judge, because blah, blah, blah. And the other side says, well, we can't, but we need 48 hours. I'd like to -- who's independent -- Mr. City Attorney, are you independent enough in this issue? I mean, I would like to know, legally, and from a practical standpoint, whether or not this statement is accurate, that you can -- because it seems to me that we don't need 48 hours if you can just go do it. But I don't know. Mr. Vilarello: I think, conceptually, to say that anyone can get in front of a judge within an hour of a decision is at least intellectually dishonest. I think 48 hours is actually a very reasonable period of time for them to seek an injunction and a very limited intrusion into the ability of the panel to conduct the investigation. We're talking about 48 hours of limited time that they can't commence the investigation. I think that -- I don't know whether they will consider this an independent discussion. But certainly I don't quite understand how we could expect the State Attorney or the U.S. Attorney's Office to properly prepare and present to a judge an issue within an hour. Vice Chairman Winton: Well, let me ask Eleanor a question. Forty-eight hours, in almost any circumstance, isn't any real time. So, help me again understand why a -- if you limit this to 48 hours, why that, as you put it, has the ability to destroy the independence? I don't -- I'm not there yet. I don't get it. Lida Rodriguez-Tasef: Lida Rodriguez-Tasef, president of the ACLU, Greater Miami Chapter, and a partner at the law firm of Dwayne Morris LLP, here in Miami, 200 South Biscayne Boulevard. With regard to the first question, regarding the timing, a prosecutor can get a warrant within the hour. Judges work 24 hours a day, judges are on call. If a prosecutor needed an arrest warrant or a search warrant, they can get it within an hour. So, it is not intellectually dishonest to say that lawyers can go into court with very short notice and obtain the release that they seek. With regard to the second issue, as to the independence, if I were a private litigant, and I filed a lawsuit, merely by filing that lawsuit, I could not stay a single proceeding, a single process, a single action. And that is what, in effect, the State Attorney is seeking to do, only worse. They're seeking to do it without having filed a single piece of paper in court. Therefore, what you have is the usurpation of the function of the State Attorney's Office or the Prosecutor's Office into a judicial function. So, it doesn't matter if they go in within two hours, within three hours. If they are given the power to stay any process without obtaining an order from a court, allowing them to do so, they're, in effect, stepping in and being above the law, having more rights, more powers than any other litigant or any other party would ever be entitled to have, and they would do it beyond the powers that are granted to judges. Therefore, the law is very clear. If a party wants to stay, wants to obtain a Temporary Restraining Order, they simply go to court and get it. It is very fast. In civil proceedings, it is very fast. You can get it within an hour. I've gotten them within an hour or two of seeking them in civil cases, and that's civil cases where, which are at the bottom of the pile for judges, because they're not nearly as important as other 184 February 14, 2002 types of cases, including criminal cases. Prosecutors have priority. They have ear of judges who understand that the function of a prosecutor is very important, and they make themselves available for those prosecutors. To give prosecutors the power to, in effect, be judges would not only set a bad precedent with regard to the Civilian Investigative Panel; it would set a bad precedent with regard to the role of prosecutors and the role of judges. So, it doesn't matter if it's two hours or 48. You give them the power of judges. And with respect to this issue, you're setting a bad precedent in the law. Thank you very much. Mr. Vilarello: Commissioner, if I could just address quick issue. Once you get into court, you may very well be able to get relief within the hour. However, that doesn't presume any preparation. This language is triggered by the decision of the panel to proceed with an investigation. And the State Attorney is simply asked, 48 hours to get to court and get a judge to either order the investigation not proceed or not. Commissioner Teele: Well, hold it, Alex. That wasn't the way I read the language that she read into the record. Read the language again. Mr. Vilarello: I think you need to read the language that precedes it. Commissioner Teele: I read it. Mr. Vilarello: It says, "A decision of the Civilian Panel to proceed may be challenged," and then -- "may be challenged by any agency engaged in such investigation or prosecution by seeking judicial order and law and equity in a court of competent jurisdictions in accordance with general law." And the suggested language is "Written notification of such challenge to the safety shall stay the investigation until there has been a judicial determination upon the dispute," and she's added the condition that that happened within 48 hours. Commissioner Teele: Well, she's added the condition that what happened within 48 hours? Mr. Vilarello: That they seek judicial determination or receive a determination within 48 hours. Commissioner Teele: I think something's missing. Alex, I'm convinced that the State's Attorney should have an opportunity to seek a temporary injunction, and I'm convinced that you're right, there's probably at least or there should be at least one Assistant State Attorney in every courtroom that has criminal proceedings going on. So, no big argument about that. I think what we're really talking about here is whether or not the State Attorney simply saying, we think this is going to, in some way, interfere with the pending investigation, gives them the right to make that determination. I think where the State Attorney's Office possibly should be able to accept a compromise and the community should be able to accept the compromise, is to say that such a filing shall constitute a 48-hour stay. That gives everybody the right to go to court and do what you want to do. But it doesn't stop the proceedings, It only gives everybody an opportunity -- it only gives the State Attorney the opportunity to go to court and to file -- and I think the civilian advocates in this case are right about one thing: If they file -- if the State Attorney files a motion, it is more likely than not that that proceeding with drag out for some time before a decision is rendered. And I think the burden should shift to the State Attorney's Office to be able to 185 February 14, 2002 0 convince the judge to issue a Temporary Restraining Order. I agree that the burden should shift to them and it shouldn't be an automatic burden that we're imposing here in the Commission. And I think the most compelling argument is that a judge should make that decision, and the judge will either grant that order or deny that order. But let us not be in a position of granting it or denying it, and let us not put the ,State Attorney's Office in the position of doing it. So, I think a compromise could very well be, is that such a filing shall constitute a 48-hour stay. Ms. Baker: I'm not sure that I -- Chairman Regalado: Excuse me. Ms. Novicki: I thii-tk that I may be asking for the same thing, but in a different way. All I was saying, Commissioner, that written notification to the CIP would give me 48 hours to get a stay from a court. That's all I'm asking. Commissioner Teele: But the way it was reading -- the way I read it is, it was subject to a determination of the court, and a determination is a lot different from going in for a TRO. Mr. Vilarello: Commissioner, if you recall, the 48-hour language was a compromise that she subsequently suggested Commissioner Teele: Well, why don't we sort of roll that around independently and let the public hearing move on, and see if we can come to some consensus on that language. Ms. Novicki: Right. Chairman Regalado: Let me just say something, Commissioner, because that seems to be one of the sticking points. Now, you proposed something. They agreed. The City Attorney is OK. The State Attorney's Office, it's OK, but with a slight change. Why don't we decide now if this goes into the second reading -- and, by the way, I'm just one vote here. But I would like to vote on every issue today and finish, and have already in place the selections process so we can start - - because, you know, we keep talking about the voters, and the voters did wanted something. They voted for the concept, but it's been under a hundred days from the elections, and it's a lot of work that have been done. But do you all want to -- Commissioner Teele: Yes. Chairman Regalado: OK. So, Mr. City Attorney, there will be a motion by Commissioner Teele, that he would read -- Commissioner Teele: What we're saying is -- hold on. What the Chairman is saying is, we're going to suspend the public hearing on the general issue and focus in, right now, on this one issue -- Chairman Regalado: Right. 186 February 14, 2002 • Commissioner Teele: -- and come up with a straw vote or some language, and try to resolve this issue right here before we go to something else, and then we lose track of that. And I think the Chairman's one hundred percent right to resolve -- Ms. Bakcr: The only thing I would either urge you to give us some time outside of everybody's presence to work out language or hear me on another distinction, because I think that -- I think there's something that's been smudged here, which is a TRO, Temporary Restraining Order, which can be obtained. It isn't either intellectually dishonest or frivolous or whatever. A TRO can be obtained -- Commissioner Teele: In one hour. Ms. Baker: In an hour. In an hour. If they have the evidence, in an hour. It is like a warrant. Commissioner Teele: You can wake a judge up and get one. Ms. Novicki: Yes. Ms. Baker: You certainly can. With the right evidence. And that -- with that distinction, I don't even -- I mean, 48 hours is too long for the State Attorney's Office to wait. And there are a number of issues. And hammering out language on the floor, the Commission may not lead to a compromise that works. Chairman Rogalado: Well, but you know, it seems to me that when -- Vice Chairman Winton: I agree with her, though. I think we should let them go in their -- whatever room they want and come back to us, and we'll jump right back to this when they get here. I think it is a mistake, as she said., to try to hash this out. Because sometimes you need to talk a little bolder to each other and you're not necessarily going to get that done here. Chairman Regalado: Johnny, they had nine issues. They had nine issues. One was diffused by Commissioner Teele, when he withdrew his motion of all employees. Now, this is the second one. If we're going to send them somewhere to discuss each and every one, I'm OK. I'm always say, I don't have anything to do until 3:30 a.m. that I've got to go to work at the radio station. So, it's up to you guys. But let me tell you, if we're going to give them time to work on the language for this -- the remaining eight issues, it's up to you guys. Ms. Novicki: Well, I -- I mean, I think there's a clear disagreement. Vice Chairman Winton: I take it back You're the Chairman. Chairman Regalado: Yes, sir. Vice Chairman Winton: You're the Chairman. Chairman Regalado: OK. 187 February 14, 2002 Ms. Novicki: That -- I agree with the chair, that the Commission needs to decide the -- the state believes that the prosecution needs 48 hours. I don't think that's unreasonable. The other side says one hour is sufficient. This shouldn't be anything in there. So, I think that the Commission just needs to decide if we disagree, if you're going to give us a reasonable time to get to court, or if not, if not, if not. Chairman Regalado: And, Commissioner Teele, we listened to you. They agree. So, what -- Commissioner Teele: My motion will be -- Chairman Regalado: OK. Commissioner Teele: -- that there's a 48-hour stay, based upon the -- Mr. Attorney, why don't you give me the language, based upon -- in the legalese. Mr. Vilarello: Well, I'd actually like to spend a few moments on it, but essentially we're talking about written notification of such a challenge to the CIP shall stay the investigation for 48 hours, allowing the prosecutorial authority to seek an injunction. That means that they have 48 hours to get to court and get a judge to issue an injunction. If they don't do that, they can -- Commissioner Teele: But why don't they say seek a judicial review or action? Mr. Vilarello: Well, because the objection was seek a judicial review and a judicial determination. That's -- actually the language that you objected to before. That determination could take months. This gives the State Attorney's Office 48 hours to get an injunction, and I think that's what Ms. Novicki was suggesting, and that's what I understood. Vice Chairman Winton: They have to get the injunction within 48 hours? Mr. Vilarello: They have to prepare and present to a judge a request for injunctive relief, and have that judge enter an injunctive order, stopping them -- Vice Chairman Winton: Does he have to respond? Mr. Vilarello: The judge? Does the judge have to -- I don't think so. Vice Chairman Winton: OK. What if the judge doesn't respond at all? Mr. Vilarello: The attorney's burden to prepare and present to a judge and get an injunction within 48 hours. Vice Chairman Winton: OK. And if they don't get it within 48 hours -- Commissioner Teele: But, Johnny, at that point, the judge either grants it or denies it. Rarely will a judge sit on the fence about something like that. Sitting on the fence -- 188 February 14, 2002 Mr. Vilarello: Or grants it and sets a hearing for -- on an expedited basis, within a number of' days. Vice Chairman Winton: OK. So, we don't run the risk hereof a judge just sitting on it. So, this particular investigation just kinds of sits in limbo for a long time. And that isn't going to happen here. Mr. Vilarello: In fact, at least under the civil rules -- and I don't know under the criminal rules -- that injunction entered unilaterally. In other words, one party -- only one party present -- Commissioner Teele: Ex parte. Mr. Vilarello: -- can only stay -- it can only be imposed for I believe 10 days, as a maximum, before the court can hear -- continues the injunction. Ms. Rodriguez-Tasef: Commissioners, if I -- Chairman Regalado: OK. There is -- one second. Let me just say, there is a motion and this is a straw vote. So -- but -- Commissioner Teele: Can we hear from them before we -- Chairman Regalado: Yeah, sure. But I just wanted to say to them that this is the way that it work the last time, and I think that, you know, we spend some time and we're willing to listen to all the issues that you have. But if we are finished with this item, let us get the consensus of the City Commission so we can move on to the other issues that you have. Ms. Rodriguez-Tasef: But may I clarify something for the Commission? Realizing that several of you are not attorneys, there is a difference between a temporary retraining order, which oftentimes is called a Preliminary Injunction, and an actual injunction. In order to obtain an actual injunction, parties need to have full blown hearings. Those hearings can take days. Usually what happens is a party seeking to stay some sort of action goes into court and obtains a Temporary Restraining Order, which does not require any sort of hearing, can be done ex parte, and can be issued within the hour. Therefore, this proposed language, rather than clarifying, confuses the issue because if the State Attorney goes into court within 48 hours seeking an actual honest to goodness injunction, then they're going to be entitled to an actual honest to goodness full blown hearing, which also entitles thein to actual honest to goodness discovery, depositions, et cetera. Therefore, if what they're seeking to do is obtain a preliminary ex parte order that is immediate, they go in, they get a TRO, they don't need 48 hours for a TRO. But if what you're interested in is giving them 48 hours to obtain that TRO, that is very different from allowing them to go into court, start a full blown hearing -- and what judges usually do, when there is a stay in place and they're considering whether or not to grant an injunction, they will leave the stay in place. The group here is placing the stay, the State Attorney places a stay, then, yes, three weeks of hearings. During those three weeks, the stay that they've imposed stays in place. That is a usurpation of the power of the judge. If they wanted to go get a TRO in the beginning, they 189 February 14, 2002 • • could have done it. They could have done it ex parte; meaning, without the other side present, meaning in the living room of the judge, and they would have -- and that would have remained in place for 10 full days. That's what is needed here, to follow the rules. And if this would be clarified by us having a discussion with the City Attorney and Ms. Novicki, we could certainly do that. But I know what the motion is that's on the floor, and I urge you, Commissioners, to vote against it, unless we're prepared to craft language that clarifies rather than obscures what we're tying to do here. Thank you. Chairman Regalado: OK. Thank you very much. Mr. City Attorney, just tell us -- because, you know, we need your guidance and we are following the lead of Commissioner Teele on this issue. But just tell us, is this is safe -- if this would protect the interest of the people that will go before the board? If this is fair? Do you agree with -- Mr. Vilarello: As I understand the proposal, it would allow the State Attorney to notify the panel that it is seeking injunctive relief. It would have to do it within 48 hours. During those 48 hours, the panel could not proceed with an investigation. At the conclusion of those 48 hours, if they don't have an order from a court, imposing an injunction, temporary retraining order, preliminary injunction or whatever kind of injunction directing the panel not to proceed, then the panel would be entitled to proceed. They would have to have a court order indicating that they should not proceed with the investigation within -- and they only have 48 hours to do that. I think that's fair. Chairman Regalado: So, that's -- you think that's fair. I would like to call a straw vote right now. We don't need a motion. Just one second, Raul. We don't need a motion, but we need to know the consensus of the City Commission. And, by the way, if the City Commission decides that this is the way to go, it would go like that in the ordinance tonight, whether you like it or not. That's the way it is. Call the roll, Madam City Clerk. (COMMENTS MADE DURING ROLL CALL) Vice Chairman Winton: I think the key in my mind here is that if the State Attorney's Office doesn't receive some sort of an order from the judge that put a real stay in place, they can proceed at the end of 48 hours with their investigation, and with that in place, I feel a lot more comfortable, and I vote, "yes" to the motion. Commissioner Gonzalez: For the purpose of making sure that there is -- in no way there is no interference with the investigation of the proper authorities, I'll vote "yes." Commissioner Teele: Mr. Chairman, we don't need to escalate this to be something more significant than it is. The original proposal that we had before us at the request of the State Attorney, would have imposed an indefinite stay, until a decision was made. The only thing that we're doing is saying, there's a 48-hour stay. After which, the Civilian Panel may move forward unless a judge, an independent judge, has ruled one way or the other. I vote, "yes." Chairman Regalado: Yes. So, that's the consensus of the City Commission. 190 February 14, 2002 0 0 The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 02-176 A MOTION RECORDING STRAW VOTE OF THE MIAMI CITY COMMISSION TO AMEND PROPOSED ORDINANCE RELATED TO THE CREATION OF THE CIVILIAN INVESTIGATIVE PANEL TO STIPULATE THAT WRITTEN NOTIFICATION OF A CHALLENGE TO THE CIVILIAN PANEL SHALL STAY THE INVESTIGATION FOR 48 HOURS, ALLOWING THE PROSECUTORIAL AUTHORITY TO SEEK AN INJUNCTION. Upon being seconded by Chairman Regalado, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Vice Chairman Winton: So, we have two of eight done? Chairman Regalado: We have two of nine. They have nine issues that we were discussing, and - Vice Chairman Winton: Then let's go to the third. Chairman Regalado: Let's follow up -- let's follow through. And, you know, we can start doing, you know -- Commissioner Gonzdlez: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Gonzalez: I have a question. I've been a little bit concerned for this process, and my concern is. What we're doing is, we're doing another revision of the language that is going to be adopted as a resolution of the CIP panel? Chairman Regalado: No. What we are doing a public hearing on the second reading ordinance that we need to vote on today, changes that were incorporated are being modified, but they're minimal changes. So, we don't have to start the process -- 191 February 14, 2002 0 0 Commissioner Gonzalez: But what I mean is, what we're doing is modifying or doing changes, but when are we going to do a final vote? Because one thing that concerns me is that this panel was approved by citizens of the entire City of Miami. And, unfortunately, we have one Commissioner missing here today. I'm a new Commissioner sitting here. You, my colleagues, have been through the entire process for months and months and months, and it will fill me -- it will make me feel very uncomfortable to vote on final issues without a full Commission in place. Chairman Regalado: Oh, we will -- no, no. We will vote in final. No question about that. Angel, we -- I mean, I am very sorry that Commissioner Sanchez is not feeling well. But we will vote on a final product today. Commissioner Gonzalez: Thank you. Ms. Baker: Just a point of clarification. All you're voting on now is this additional sentence, because there is still -- Commissioner Tecle: That's all. Chairman Regalado: That's all. Ms. Baker: In that same provision, you'll come back to it later, the word changes that we're looking for? Chairman Regalado: We -- you want to say something, chief? Chief Martinez: Commissioners, Raul Martinez, Chief of Police. You voted on this already. I just want to make sure, because the ACLU keep saying that we're independent on the Charter language. They forget that there's also the word shall not interfere with the criminal proceedings is very clear in the same Charter language, and they continue to completely leave that out when they speak about independence. Chainnan Regalado: OK. We're done. Go ahead, sir. Jean Lafortune: Good evening, Commissioner Chairman Regalado and members of the Commission. My name is Jean Lafortune, representing the Haitian American {INAUDIBLE) Association, in Miami. I live at the 13235 Northwest 2nd Avenue, Miami. I work at 150 Northwest 49"' Street, in Miami. My issue -- the issue that I am going to raise now is about the balance for the CIF and specifically you are going to refer to Section 115.9 and 115.10. I think it is very important to create a balance between the CIP and the City. The concept of the CIP is community -driven, it needs to be independent, and the -- on Section 115.9, we -- what we want to propose is for the independent counsel to be hired by the CIP. We also want -- we would like to see that the Executive Director is hired by the CIP. Why? The City Commission approved the CIP members. The City Commission approves the Nominating Committee. If we have a CLP, who's the independent counsel is hired by the City Attorney, there is that perception that's (UNINTELLIGIBLE) of Commission control. If we have a CIP, who's director, who's Executive Director is hired by the City Attorney -- no, by the City Manager, the CIP again 192 February 14, 2002 0 a becomes very weak. And what we're asking for is not out of wondering. Very simple, the Civil Service Board of the City of Miami, that board hired its own Executive Director. I remember very well last year, when Commissioner Regalado mention that we needed to send a strong message. We need to send it clear message to the community and to the nation that we can have a CII' that is fair for all. I really urge the Commission to have the independent counsel under the purview of the CIP. We need a -- in the Charter, the Charter mention that the whole rule of the independent counsel can be done by the City Attorney. But the hiring is not in the referendum. In that context, we are urging you to vote for the independent counsel, as well as the Executive Director of the CIP; both, they should be hired by the CIP board so that control exists. Thank you very much. Chairman Regalado: Thank you. Just for the record, Mr. City Attorney, the wording is in the hiring of the Executive Director and the counsel for the CIP, what is the wording on the second reading of the ordinance? Mr. Vilarello: The independent counsel is retained by the panel. The City Attorney simply has the right to approve the selections of that counsel and the authority to remove the independent counsel from employment. However, the independent counsel is selected by the CIP. Chairman Regalado: How about the Executive Director? Mr. Vilarello: The Executive Director is also selected by the CIP, and I believe there's language which requires the City Commission to approve the terms and conditions of that employment. And it does so in connection with the approval of the budget, as well. Chairman Regalado: So, let me see if -- if we do something here. What basically what you said is what -- is in the ordinance itself. Mr. Lafortune: There's been some implication. There's been some implication that the City Attorney hires the independent counsel for the CIP. Chairman Regalado: The City Attorney just told you that the legal counsel will be hired by the panel, but the City Attorney should have the power and, of course, that's a logical thing to fire that person. It's like the Civil Service Board. It's like any important boards in the City. The City Commission have the power to remove, like the DDA (Downtown Development Authority). The DDA in downtown appoints their own members, Off -Street Parking appoint their own members, but it's the City Commission who has, at the end of the day, the power to not approve or approve the selections of the board members. I think it's fair. Mr. Lafortune: When I read the 115.9 on the (UNINTELLIGIBLE) assistance of the independent counsel, it says that an attorney at law (INAUDIBLE) to practicing (INAUDIBLE) law for seven years shall be employed by the Civilian (UNINTELLIGIBLE) as independent counsel. Subject - Commissioner Teele: Shall be what? 193 February 14, 2002 Mr. Lafortune: Shall be employed. Commissioner Teele: Shall be employed? Mr. Lafortune: Yes, uh-huh. Commissioner Teele: That means hired? Mr. Lafortune: Yes, uh-huh. By the independent counsel, subject to the approval of City Attorney, (UNINTELLIGIBLE) of the City Attorney (UNINTELLIGIBLE). What would (UNINTELLIGIBLE) is the subject, too. Chairman Regalado: Why is that? Don't you think that there's got to be some kind of control by the City Attorney? I mean, this is not the most important entity in the City of Miami. And, yet, we follow -- I mean, we hire the City Attorney and we follow his advice. I think it's fair -- yes, sir. Commissioner Teele: Mr. Chairman, this is really a good time to make two points. First, one of the things that's really getting to great on everybody's nerves, just so that you know, when we start hearing what the voters approved coming back to us, before we even do anything. And I agree to remove the language, because it really wasn't in the Charter. But let's go back just for one minute. And, Commissioner Winton, this is very important to understand. The only thing that we had to put in this Charter, that we, the Commission, did not already have the authority to do is to grant subpoena authority. In other words, we can create the Civilian Independent Panel right now, and do everything that we're talking about doing -- the only thing we could not have done is given subpoena power. We agreed with the ACLU and the Brothers of the Same Mind, and PULSE (People United to Lead the Struggle for Equality) from the very beginning; that a Civilian Panel, without subpoena power, is just another advisory group. So, we took it upon ourselves to do that. But let's be very clear and let's be intellectually honest. The only thing that we took to the voters, per se, to approve that we don't have the authority, independently of the voters to do, is to grant subpoena power. Now, in the fast string of a compromise with everybody that's here, we came up -- and I offered language that created this whole concept of the lawyer. Give me a Iawyer. Let me tell you why. If you read the Charter, without the CIP language, it says one thing about the legal business of the City. The Charter says that the City Attorney is the sole legal advisor and lawyer and authority for the City. Let me tell you something. The Mayor of the City can't have his own independent legal counsel without his approval, under our Charter. There are no boards in this place that can operate without the approval of the City Attorney, and that's because you can't have everybody -- this is only one City. Now, if you want to form a new City, that's another thing. Now, let me just take about the Charter, because the Charter language, that was approved by the voters on this question says, that the panel -- that the independent counsel would be appointed by the panel, with the approval of the City Attorney, and with the authority to remove by the City Attorney. Now, that's in the Charter. That language is already been "approved" by the voters. So, there's no need to debate the issue of the independent counsel. Because what we did is, we wrote that language in there, and we granted an authority to the independent counsel -- to the CIP that currently no other body, including the Mayor, doesn't have, and that is the ability to hire your own lawyer. Everybody 194 February 14, 2002 else has got to hire one -- has one lawyer hired for them, and that's the City Attorney. And so what I don't want to do is get this thing going in a direction where we're losing sight of what are the important issues. We have the opportunity to snake history here tonight. We have the opportunity to put in place a historic panel that I don't think we ought to confuse some of these issues by distorting, "A," what the voters voted for. Because the voters voted for the language that you're complaining about right now, word for word. It is in the Charter ballot question. And, so, let's don't argue against what the voters have approved. Let's try to fix this in a way that is responsive to the legitimate concerns and this are legitimate concerns out here, but I want to be very, very -- I want to send a very, very cautionary word about going through this now and trying to rewrite the Charter language, because right now, we're bordering upon a rewrite of the Charter, which we cannot do. We can't. And I respect you, sir, and I respect everyone that's here supporting what you're saying, but I do think there are some issues -- if this language says that the City Attorney -- the City Commission shall approve the Executive Director, is that some of the language that's in here? Does that say by four/fifths vote? Howard Simon: Yes. That's the problem. Commissioner Teele: That, I think, is a legitimate problem. Mr. Simon: Yes, Commissioner Teele: On the Executive Director. Mr. Simon: Exactly, exactly. Not the City Attorney -- not the appointment of the CIP attorney, but keeping -- Commissioner Teele: And I, for one, don't want the City Commission involved -- I mean -- but I'm just one person. I don't think we need -- Vice Chairman Winton: Let me help you. Let's get that one done. We don't vote on Executive Director's of anything else out there. Why do we want to vote on the Executive Director of this thing? Mr. Lafortune: OK. We go with that. Commissioner Teele: You'll take that one? You'll take -- Chairman Regalado: OK. Commissioner Teele: Mr. Chairman, if you and Commissioner -- Chairman Regalado: Let's -- you know, let's make it -- Vice Chairman Winton: Hold on. Chairman Regalado: -- clear. 195 February 14, 2002 • Vice Chairman Winton: City Attorney's clarifying something here. He says we -- how -- Mr. Vilarello: The City Commission approves the Executive Directors and the benefit packages of each Executive Director of MSEA (Miami Sports & Exhibition Authority), DDA, of Virginia Key Trust, Bayfront Park Trust, I'm relatively sure the Department of Oft -Street Parking, but I haven't been able to get back to the -- Chairman Regalado: Excuse me. What Johnny was saying is that the City Commission will not get involved in the appointment, but the approval we have to do it, because the only entity that can deal with budget is the City Commission. That's in the Charter, whether you like it or not, whether we look it or not. But what Johnny was saying is that they -- that the members of the committee will select the Executive Director, and then come before the Commission to approve or reject, not only the appointment, but the package that that person will have in teens of salary. Because the Manager cannot do it. The Mayor cannot do it. The committee -- the panel cannot do it. Only the City Commission have the power, under the City Charter, to approve one penny, one cent, of the budget. Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: With all due respect, I think this is -- I think the difference between the DDA, and the Bayfront Trust, and the Virginia Key Trust is the notion that what we want is independence. I can support strongly the notion that we will not approve the person, but we will approve the ten -ns and conditions, the contract. In other words, I don't -- we're not going to let the CIP give somebody a 20 -year contract, and I think it's a big difference between approving the person and approving -- Chairman Regalado: And the package. Commissioner Teele: -- the terms and conditions. I don't think we need to approve the person. But I agree with the Attorney and Commissioner Winton, we ought to approve the terms and conditions. Chairman Regalado: Look, do we want, just to be clear, the motion to -- for the language, as I understand it, is that the City Commission will approve the package presented by the panel -- Vice Chairman Winton: The salary and benefits package. Chairman Regalado: The salary and benefits of the person selected. Is that -- Vice Chairman Winton: Yes. Commissioner Teele: Or stated a little bit differently. The salary, benefits and terns and conditions. 196 February 14, 2002 0 0 Chairman Regalado: And terms and conditions of employment. Commissioner Teele: Of employment. But not the individual. Chairnan Regalado: Not -- Vice Chairman Winton: But not the individual. Chairman Regalado: However, the City Commission can reject the economic terms -- Commissioner Teele: Exactly. Chairman Regalado: -- of the proposal. And, you know, like Commissioner said, if somebody -- Vice Chairman Winton: And are we going to accept it by simple majority or four/fifths? It says four/fifths. Mr. Lafortune: Our concern here is the four/fifths, Commissioner Regalado. Vice Chairman Winton: Huh? Mr. Lafortune: Yeah, there's a concern for us, the four/fifths -- the four/fifths vote, I think it is a high ratio. Chairman Regalado: Why is that? Vice Chairman Winton: And we have a four/fifths vote in the others. Chairman Regalado: And why is that? Mr. Lafortune: A simple majority would be fine, if we -- Chairman Regalado: I'm sorry? Mr. Lafortune: A simple majority vote instead of the four/fifths. Chairman Regalado: Why are you concerned on four/fifths? Commissioner Teele: Because if the issue is salary and budget issues, we don't approve our budget by a four/fifths vote. Why don't we just treat it the same way as we do any other financial matter, and subject it to a majority of the Commission? Vice Chairman Winton: Yeah. And you wonder why we do all the others four/fifths. It doesn't -- or some -- anyhow. OK. So, your motion is salary, benefits, and -- 197 February 14, 2002 Commissioner Teele: Terms and conditions -- Vice Chairman Winton: Terms and conditions -- and by -- Commissioner Teele: -- subject to a majority vote of the Commission. Vice Chairman Winton: Second. Chairman Regalado: Madam City Clerk, call the roll. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 02-177 A MOTION TO AMEND PROPOSED ORDINANCE RELATED TO THE CREATION OF THE CIVILIAN INVESTIGATIVE PANEL BY STIPULATING THAT THE CIVILIAN PANEL WILL SELECT ITS OWN EXECUTIVE DIRECTOR SUBJECT TO CITY COMMISSION APPROVAL OF THE SALARY, BENEFITS AND TERMS AND CONDITIONS OF EMPLOYMENT FOR THE INDIVIDUAL SELECTED. 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 Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Chairman Regalado: OK. Another out of the way. Five to go. Bess Mc Elroy: I'm going to be very brief. I am Bess Me Elroy, President of PULSE, People United to Lead the Struggle for Equality. Happy Valentine. You've made my day somewhat. You took it -- you've already taken care of one of my points when you voted 4-0 to eliminate other sworn officers. So, that makes my job a little bit easier. I do want to call your attention to, throughout your document, you now see the word -- you now see the entity referred to as "Civilian Panel." Well, I don't want to upset you -- talking about what the voters want and what the voters thought. Commissioner Teele: Mr. Chairman, I would move that the panel remain Civilian Independent Panel. It's confusing but it's not confusing to the point that we ought to debate it. I mean, the 198 February 14, 2002 • • CIP, in every language, is Capital Improvement Plan, but we'll have a CIP 1 and a CIP 2, and you just got -- Vice Chairman Winton: Now, you talk about confusing. Commissioner Teele: We'll blink twice if we're talking about capital, and we'll blink once -- Chairman Regalado: Is it independent or investigative? Ms. Me Elroy: Investigative. Unidentified Speaker: Yes. You misspoke. It's investigative. Chairman Regalado: Yeah. Commissioner Teele: Investigative. Vice Chairman Winton: So, what is it we're -- what's the name now? Mr. Vilarello: It was changed to "panel" to differentiate it between CIP, which we, generally in government, refer to as Capital Improvement Projects or Capital Improvement -- Chairman Regalado: OK. There is a motion to -- Vice Chairman Winton: What are we calling it now? Commissioner Teele: Going back to CIP. Chairman Regalado: Going back to CIP. Commissioner Teele: We didn't change the name. We just changed how it's referred to in the body. And, so, it says Civilian Independent -- Investigative Panel, and then it says sort of hereafter referred to as Panel. Before we said hereafter referred to as CIP. Vice Chairman Winton: So, we'll just periodically be confused. Call the question. Chairman Regalado: The motion is to go back to the original name in all identification regarding this panel. Madam City Clerk, call the roll. Sylvia Scheider (Assistant City Clerk): I don't have a motion to -- Commissioner Teele: I made it. Vice Chairman Winton: Second. Chairman Regalado: It's been made and seconded. 199 February 14, 2002 The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO, 02-175 A MOTION TO AMEND PROPOSED ORDINANCE RELATED TO THE CREATION OF THE CIVILIAN INVESTIGATIVE PANEL BY MAINTAINING THE ORIGINAL NAME AS CIVILIAN INVESTIGATIVE PANEL ("CIP" ). 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 Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Ms. Me Elroy: Again, Happy Valentine's. Chairman Regalado: That was quick. Another one. Vice Chairman Winton: OK, let's do the others this quick. Dennis Knowles: Dennis Knowles, 515 Northwest 17th Street. I've got -- this is a real fact, why this panel came together. It's just a statement. Fact of this issue is, first and foremost based on what I deem is a murder of Nicholas Singleton. That's how this thing came about. You see, when young Singleton was shot to death, as you all know, the City of Miami -- Vice Chairman Winton: Mr. Knowles, could I interrupt you for a second? Mr. Knowles: Sir, could I finish? It's just brief. It's just real brief. Vice Chairman Winton: But, you know, I'm struggling to understand the purpose. What we're trying to do is get through the real issues. We know all the history. We've heard the history 500 times. Mr. Knowles: I know you're trying to get to the real issue, but I'm going to speak for the people in the community. Vice Chairman Winton: Well, but we -- but -- 200 February 14, 2002 0 0 Mr, Knowles: Can I finish this up? It ain't going to take me but a minute, man. Chairman Regalado: You've got three minutes. Go ahead. Mr. Knowles: Thanks a lot. He was shot to death. As you all know, the City of Miami, based on the outcry from the residents, decided to develop a strong CIP. As I have sat in on the construction of the CIP, Charter and ordinance, I have seen the struggle by the FOP (Fraternal Order of Police, the City Attorney, and outside organizations to come in to weaken what would really get us to the positive spotlight, not only on a local level, but nationally and internationally, because this City will be doing the right thing. Our young men are still being murdered by unlawful enforcement officers, and being let off the hook by the state law, being the (INAUDIBLE) law. And when they got let off the hook by the State, then they're exonerated by the Department, and allowed to return to work as if nothing has happened, and it's business as usual. Our young men are murdered and there are families, who don't have the bucks to afford a strong representation, need a CIP that will be genuinely for the people, by the people and of the people. Don't continually lavishing in hypocrisy. Do this thing right in the sight of God, man. That's the bottom line. That's all I've got to say. Chairman Regalado: Thank you, sir. Thank you very much. Max, you want to complain? Excuse me. How many issues that are standing? Mr. Rameau: Right now it looks like we're on the last one, unless I'm missing one. Chairman Regalado: OK. Mr. Rameau: Of course, the issue is how to appoint the panel members. So, it's the worst -- Chairman Regalado: OK. No problem. No problem. Mr. Rameau: We saved the worst for last. Chairman Regalado: Let's deal with it. Mr. Rameau: Two issues here. Of course, we want to bring up again, which we were promised the opportunity to do so, so we appreciate that. The issue of the number of panel members. Right now it stands at 15. We would ask to reduce that number, again, to 9, or some number lower than 15. Fifteen is too unwieldy and we feel that we're going to have a lot of problems there. And then the other issue more important, is that we do not want political appointments made. No direct appointments or even -- we don't want the impression made that there is a panel member sitting there, who is this Commissioner's appointee or the Mayor's appointee. That would cause a lot of problems in the minds of the general public, and then if a vote goes away that is not expected or not liked by the general public, the questions will always be there as to whether or not there was a phone call made or some kind of deal made, where the Mayor's man or the Commissioners' man made a particular vote in a particular direction because of that appointment. Political appointments will own undermine this whole process. So, we're really 201 February 14, 2002 concerned about that. That's the only other big issue we have. We may have a couple other small tinkerings, but nothing else major. Vice Chairman Winton: So, Max, the paraphrase that -- you're recommending how many? Mr. Rameau; Nine. Vice Chairman Winton: And the other issue is what? Mr. Rameau: The other issue is no name -- the Mayor shall not be able to make a named appointment -- Vice Chairman Winton: Got it. Mr. Rameau: -- even if it's approved by the Commission. The idea is the Mayor's man. Vice Chairman Winton: I tried to get nine at the last meeting, and I didn't even get a second. I couldn't resist. Mr. Rameau: We wish you a happy Valentine's Day, Mr. Winton. You only. Ms. Baker: If you don't succeed at first, try and try again. Chairman Regalado: Go ahead, sir. Go ahead. Mr. Sirmon: Howard Simon from the American Civil Liberties Union. Commissioner, that concludes the list of concerns that we have from the community. On two or three of these matters, we have some specific wording that we want to propose as specific amendments. Can you tell us at what point it would be appropriate to give you that specific wording? Chairman Regalado: Hey, for me it's right now. I mean, we want to do it -- I mean, Mr. Simon, we've got to do it tonight. Mr. Simon: No. I understand. In terms of your procedures, this is a public hearing and you were Chairman Regalado: Well, you know, we are dealing with the sticking points. I guess that we have resolved most of the issues that you had. I'm sure that you have the appointments issue that we want to discuss and finalize. But is anything else that you need to -- I mean, like how much time you need? Because we don't have more speakers, I guess. So, what is it what you want? Mr. Simon: Do you -- OK. For example -- Chairman Regalado: For example. 202 February 14, 2002 Mr. Simon: OK. We have about three sections in which we have some very specific language. The first one with regard to the purposes and powers and duties of the Commission. Vice Chairman Winton: What section is that? Mr. Simon: It is section 115-2, number three. Commissioner Teele: What page? Chairman Regalado: What page? Section -- Commissioner Tecle: Eleven what? Vice Chairman Winton: Eleven five two what, three? Hello? Mr. Simon: OK. Vice Chairman Winton: Section 115-2, paragraph 3. Mr. Simon: Number 3. Chairman Regalado: Make written -- Vice Chairman Winton: That's page 3. Mr, Simon: Exactly. The section that says this listing the powers and duties, where it says "make written recommendations related to the Miami Police Department," so on and so on. What we are looking for and we are proposing language at the conclusion of that paragraph that says, "and provide input to the Chief of Police during the development and prior to the implementation of any new or revised policy or procedure." I don't think that that's controversial, frankly. Chairman Regalado: No. That is fair. Anybody— Chief, go ahead. Chief Martinez: Yeah, Commissioner. Raul Martinez, Chief of Police. I'm not sure what the word "development" means in all this. Any time you put a word there, that means different things to different people, we all get in trouble. I wouldn't mind a procedure where before I implement policy, that we give them a copy of the policy and they can provide input into that policy within a time frame. Just like they can't say 48 hours or whatever to present investigation. There has to be a time frame where they've got to let me know. And also there may be some procedures that we may have to implement on an emergency procedure, per basis, where we may not be (INAUDIBLE) allowed to do that. So, I don't mind, before I implement a policy, I'll send him a copy. It's a public record anyway. For them to see, and they can provide whatever community input or group input that they want to it. If it makes sense, we'll implement it. If it doesn't make sense, we won't implement it. But there has to be a time frame where they've got to get back to me. They can't take 90 days or 60 days or 30 days, you know, for that to happen. It will basically bring the Police Department to a standstill. 203 February 14, 2002 Chairman Regalado: The time fraine will be decided by the panel, Chief Martinez: And, Commissioner, I feel very strongly about that because they may say I'll take a year to review this. So, we may have to wait to change -- Chairman Regalado: No, no, no, no, no. I mean, you know, you notice them that you are thinking of implementing this. In the next 90 days or 60 days or whatever, and they have to respond. But the panel has to decide. I mean, I think -- I mean, you agree to get the input. They want to get the input. Why don't we just decide on this issue and get it over with. Chief Martinez: But, Commissioner, the wording already says make written recommendations related to the Miami Police Department, you know, policies and procedures concerning but not limited to blah, blah, blah, blah, blah. The wording is there already for them to do that. Chairman Regalado: Yeah, but I think it's only fair, Raul, that if you're going to have a policy like the one you developed of attack the petty crime, the policy of quality of life, you know, attack the small things that's happening in the neighborhood, it's only fair that they come up with some input, Chief Martinez: And, Commissioner, your position is, they can take six months to come back. Chairman Regalado: No, no, no, no. Vice Chairman Winton: Mr. Chairman, Chairman Regalado: Yes, sir. Vice Chairman Winton: I don't -- respectfully, I don't think I agree with you. I read this here, and it seems to me that the panel now becomes deeply involved in any sort of review and/or development of policies and procedures within the Police Department, and I don't think that's the job of this panel. Now, I think if -- you know, the fact that they have an opportunity to make written recommendations to the Police Department related to different kinds of things -- this first piece of language is very, very different than the second piece of language. The second piece of language puts them in the middle of our Police Department, and I don't think that was ever the intent of this Civilian Independent Review Panel. And I think that this is not a smart thing to do at all. I think the -- if we get down the road, and we find that the Police Department is unilaterally developing policies and procedures, which, by the way, we have a direct responsibility for, but if they again developing policies and procedures that are in direct conflict with what we're trying to do from a policy making standpoint, in empowering the Civilian Investigative Review Panel, then we always have the ability to come back and modify our ordinance. So, if we find that the Police Chief is doing things that are contrary to all these things, we've got two opportunities for recourse. We can fire the Manager, because the chief reports to the Manager, or we can change our ordinance that created this. So, -- but that gives us plenty of power and plenty of leverage to make sure the Police Department is doing the kinds of things in the development of policies and procedures that fit our global need here, But inserting 204 February 14, 2002 0 • this group in the middle of our Police Department, I don't think is smart at all, and that's what this sentence does. Chairman Regalado: OK. Mr. Rameau: Can I respond to the -- Chairman Regalado: Yeah, one second. I like to suggest something -- do we agree on the last phrase that they want to add? Vice Chairman Winton: No, I don't agree with this add-on at all. Commissioner Teele: Commissioner, if I may. Chairman Regalado: Go ahead, sir. Commissioner Teele: Respectfully, I happen to think that this community is going to be much better served by involving the Civilian Independent Panel in procedures, policies, recruitment than anything to do with investigations. I've got to tell you, if I had known today that we would have spent all of our time arguing about subpoenas, then I would have said, let's do this. Let's set it up and let's talk about the subpoena discussion in two years. Let's get it functioning, training and organized. And I've got to tell you, I made a big mistake. Because I think -- you see, what is happening is the colleague that I probably vote with as much up here now are poles apart, because now this thing has gotten torn every way but sunder. The fact of the matter is, is that in my opinion -- and I said this privately the other day, Johnny, at PULSE, with ACLU and everybody there -- that if the public thinks that this panel is going to be out there with blue lights rushing to crime scenes to see if a gun was thrown down or planted, folks, we're misleading the public. This panel will only investigate those issues, and serious issues -- I'm talking about where there is a death -- when the issue is totally stale in terms of that who's the first guy and who's the second person and third person investigating it. And I think, you know, we're really setting this panel up for a real hurt in the community because there's a perception, based upon the discussion and the debate, that the CIP is going to be out there investigating crime scenes to see if the police conduct was right and wrong, on the day it happened or the next day or the next day. Folks, it ain't going to happen. It ain't going to happen for the next three or four or five months, maybe even years. Now, I think there's going to be a lot of advantage in having the CIP go through every one of these killings and reviewing them and reviewing the files and going through this. You know, they just solved the 14th Street Birmingham Church Bombing within the last few months. Unidentified Speaker: Twenty-five years after, in fact. Commissioner Teele: Twenty-five years afterwards. So, there's a tremendous advantage in having this kind of investigative power, this kind of investigative agency, but it is not going to be who's on the crime scene the night or the next night or the next day that it happens. On the contrary, I do think that getting the CIP involved early on in routine procedures, obviously, Chief, if there is a need to issue an emergency procedure, that's something you do and then you 205 February 14, 2002 0 • submit it to them and we'll debate that and hear that after the fact. But getting them involved in procedures, getting them involved in training, getting them involved in recruitment, these are the kinds of things that are going to solve 90 percent of the problems that we're dealing with, you know, over the last 15 to 20 years in this community. So, I'm very much a supporter of the ]rind of language that they're asking for, in terms of to review procedures, to review policies, to vet, if you will, draft regulations. No regulation should go out the door that's gone from the Deputy Chief to the Chief and nobody's sitting around the table discussing it. And that's not the way the Police Department functions. But the Chief has a valid point that they -- if we give them that authority, there's got to be a reasonableness of a timeline on this. They should -- they've got to have a limited amount of time to respond to something like that. But I think taking them out of that really does create a situation where, what do we really have them to do? If they're not going to be first on the crime scene, then what role are we really setting up for them? I think the best role that they can provide is a second opinion, is a community opinion, that the Chief doesn't get when he meets with his command staff, when they all go in there and say "yes, sir" to the Chief, and all 15, 20, 30 people sit around the table. I think having some (INAUDIBLE). Chairman Regalado: Commissioner -- just one second. I think, if we understood what you both have said, we can do two things: We can have a motion by Vice Chair Winton saying paragraph stay as it is. Or we can have a motion by Commissioner Teele saying, we add this phrase with the provision that they have 30 days to respond to the Chief of Police. Commissioner Teele: But, Mr. Chairman, respectfully, Johnny and I -- or you and I don't have a chance to talk outside. So, the only way we can talk to each other -- Chairman Regalado: Right. That's what I'm saying. Commissioner Teele: -- is sitting up here. So, I'm trying to convince him that maybe, you know, he's right in the sense that we cannot give them a carte blanche over the Police Department, which is what Commissioner Winton is saying and I'm saying, but I think we ought to give them a little access into it, but put some time limits on it. Chairman Regalado: OK. So, what is it what you want to do? We need to -- Commissioner Teele: I'd like to hear from the Chief. Chairman Regalado: But we need to resolve this issue after we hear from the Chief. Chief Martinez: And, Commissioners, let me repeat again. The wording that the City Attorney drafted originally, which they have a problem with, I have no problem with. And I have no problem with if after -- before I implement policy, you know, we send it to the CIP and within "X" amount of days, they get back to us. I mean, shame on me if they give good input and I say, this makes sense for us to do that. I don't mind putting this. But I don't want to be held hostage. You know, there's hundreds and hundreds of policies that get changed sometimes. Sometimes are some minute as to the pin goes two inches away from the left lapel, so on and so forth. And, you know, I don't know how much time they're going to put into it. 206 February 14, 2002 Chairman Regalado: Raul, 30 days. Chief Martinez: Commissioner, if you ask my opinion, 30 days will be too long to wait for this. Chairman Regalado: Fifteen days. Chief Martinez: I can live with 15 days. Commissioner Teele: But the problem you've got, you're giving them a notice provision that they can only have a meeting with how many days notice? Mr. Simon: I'm not sure. Chairman Regalado: Well, for that -- Mr. Simon: Fifteen days sound reasonable. Commissioner, can I respond to some of the arguments that are made, please? Chairman Regalado: Howard, but let me get this idea. This panel will certainly create committees within itself, and those committees can address the issue that Chief Martinez is talking in terms of waiting for 30 days. Because, I mean, if he says, look, -- if he says, 1 am going to change the way that we patrol the streets. That's a major change, and that's for the panel to decide as a whole. But if he's saying, you know, we are going to have now training, you know, we're going to have three guys in a car going around and a committee of the panel can certainly address that -- I mean, that's what we do in MSEA or in Bayfront Trust or in other -- in the Orange Bowl Committee. Mr. Simon: Commissioner, may I respond to this, please? Commissioner Winton, I always think coming here and I think you're wonderful and I love your judgment. Give me an opportunity to try to ask you to take a second look at this, because this is serious stuff right here. I think the -- what we have tried -- what the message we've conveyed to the Miami community about what the CIP is going to do and the image that we've created, that it's going to focus on a lot of police shootings and complaints and misconduct is wrong. It's wrong when we look at what civilian review boards have done around the rest of the country, the studies have shown that where they have been most effective is not in the individual evaluation of individual citizens' complaints, but the review of general police policies. That's why this is very important. Let me urge you to take another look at this, Commissioner, and step back and hear us out. First of all, I don't want to put the CIP in the middle of daily day-to-day operations of the Police Department. The relevant language here is provide input. That's all we're talking about, is provide input. Secondly, the language of the Charter, the language of the Charter gives the CTP power to -- and I quote -- "review policies of the Police Department." That's number two. Number 3, this, I thought, in all respect to the Chief, came as a result of friendly discussions between us and the Chief as a compromise. What we had originally asked for is that a member of the CIP panel sit on Policy Review Boards. The Chief informed us, there aren't policy review boards. So, we said at a meeting, that took place, I think, right back here, that, OK, what if the CIP reviews policies and provides input before they're implemented, and I thought the Chief had agreed with that. So, I 207 February 14, 2002 0 0 think -- but this is -- again, the final point that I want to make here is that the most important -- look, take the controversial policy, that's controversial all over the country, can police shoot fleeing felons? The most important thing that is CIP can do would be to have community input on the redesign of that policy, and give its input on that. And that's a much more important role. That's the more important role than evaluating individual citizens' complaints. Vice Chairman Winton: But number 3 gives you that right as it was stated. Make written recommendations related to Miami Police Department policies, procedures, concerning but not limited, training, recruitment, notification systems -- Mr. Simon: But, Commissioner, don't you think it's important to have the input of the community before a policy is implemented then after it's implemented? That's what we are asking for in our amendment. That if a policy is going to be developed or revised, and before it's implemented, give the community, through the CIP, an opportunity just to have input. We're not talking about membership on some task force to design how neighborhood "X" is going to be patrolled. We're talking about just providing written -- and I could tell you, I taught college for 10 years. Any effort to give scholarly, reasonable, decent input in 15 days means it's worthless input. It's going to have to be 30 days, at least. Vice Chairman Winton: I have a thought here, and I want to communicate with the Chief here a bit, too. The suggestion that he made -- and the wording here, it doesn't do what he just said. So, I think this wording can be modified. But the one point that Howard made, that I think, from a policy standpoint, I think I've learned over and over again as a Commissioner, that I think probably could be valuable to the Police Department, is the concept of getting community review when we're -- before we do it. We develop, internally, and we go out to the community and get review of lots of different things that we're going to do, and that review, almost every time, has ended up creating a better whatever it is I've been involved in. Chief Martinez: And, Commissioner, we have no problem with community input or -- but I mean, the problem that we have is, waiting for somebody -- Vice Chairman Winton: Fine. Chief Martinez: To decide -- Vice Chairman Winton: So, let me make a suggestion here. Chief Martinez: Because don't forget, I can ignore their recommendation. Vice Chairman Winton: Correct. Precisely. Chief Martinez: Because (INAUDIBLE) I can ignore it. Vice Chairman Winton: Precisely. 208 February 14, 2002 Chief Martinez: Or even if it comes after implementing, I say, you're right. We missed it. Let's change it. Vice Chairman Winton: OK. So, let -- we could leave their language -- and provide input to the Chief of Police. And I would strike, during the -- whatever that says. I already struck it. So, I can't read it. Development period. But say provide input to the Chief of Police prior to implementation of any new or revised policy or procedure. Now, if the police is smart, he's going to be -- he's going to be coming -- he's probably going to be coming to you during the development process, but he doesn't have to. He could develop the procedure. He could bring it to you -- he could develop it completely. In fact, sometimes that works even better, because you've got something already hashed out. Take it to the community and then, after community input, he has a choice -- because we already know that -- his choice of revising those policies and procedures or not. So, if we get that "during the" out of there, that makes me feel better, and if he add -- Mr. Simon: And I think all we do is add what Commissioner Regalado suggested, which is a time limit, exactly. Vice Chairman Winton: Right, right. Mr. Simon: Exactly. Vice Chairman Winton: Exactly where I was going. So, and 15 days is not reasonable. Mr. Simon: That's not reasonable. Vice Chairman Winton: I mean, we all know that with all -- in particular, with policies and procedures, those are -- those aren't something that you change willy nilly. There's a deliberate thoughtful process that always goes into changing policies and procedures. There's seldom an emergency in changing policies and procedures. So, I think that you ought to give whatever we think is rational real time to get the job done right. Because that's the key, is getting the right kind of community input here that helps us craft a better policy. So, I don't know if that's 30 days or 45 days or some -- or 60 days, even, but it isn't 15. Mr. Simon: It's not 15. That guarantees superficial. Chief Martinez: And, Commissioner, I wouldn't mind rewording that as a maximum of 30 days. Chairman Regalado: Thirty days. OK, 30 days it is. Mr. Simon: From the submission of the proposed policy to the CIP. Chief Martinez: Sure. I mean, it can't be before you see it. Mr. Simon: Right, right. From the date of the submission. 209 February 14, 2002 Chairman Regalado: OK. There is a motion by Commissioner Winton, second by Commissioner Gonzalez. Mr. Vilarello: Mr. Chairman. Chairman Regalado: Yes, sir. Mr. Vilarello: Can I just suggest that we fashion language that permits the Chief, if an emergency, a change has to be made, that he make that immediately and then -- Chairman Regalado: Of course. Mr. Vilarello: -- you can review and make comments afterwards? Chairman Regalado: Of course. Mr. Vilarello: In the event of an emergency. We'll agree to language with you, but just to give him that opportunity. Chairman Regalado: No. Let's say -- agree on emergency. Vice Chairman Winton: They'll figure out that language. If the police is -- if the Police Department makes everything an emergency, trust me, we'll be back. Mr. Rameau: Can we have 48 hours to file an injunction? Vice Chairman Winton: No. You can get it in an hour. Chairman Regalado: OK. I'd like to remind the members of the Commission that what we're doing here now is final. This is it. This is the vote. We're doing this live, in color, on the air. So, there is a motion. Madam City Clerk, call the roll. The following motion was introduced by Vice Chairman Winton, who moved its adoption: MOTION NO. 02-179 A MOTION TO AMEND PROPOSED ORDINANCE RELATED TO THE CREATION OF THE CIVILIAN INVESTIGATIVE PANEL, SPECIFICALLY SEC. 11.5-2(3), BY ADDING THAT THE CIVILIAN PANEL MAY PROVIDE INPUT TO THE CHIEF OF POLICE PRIOR TO THE IMPLEMENTATION OF ANY NEW OR REVISED POLICY OR PROCEDURE; FURTHER STIPULATING THAT THE PANEL MUST RESPOND TO THE CHIEF WITHIN 30 DAYS OF RECEIPT OF SAID PROPOSED POLICY BY THE CHIEF; FURTHER PERMITTING THE CHIEF OF POLICE TO MAKE CHANGES IMMEDIATELY IN CASES OF EMERGENCY. 210 February 14, 2002 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 Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Chairman Regalado: OK. The issue of the appointments. Why don't we deal with that? Ms. Balser: If you want to go in order, which might be more orderly, there are a few small points that I think might be at the level of just bringing things into consistency. I actually tried to speak, but wasn't able to, to one of the -- Alex's assistants to determine whether we could just do it in the back room, so to speaIs. But I better bring it to your attention. So that, for instance, in paragraph 10 of 11.5-2 -- and if you look at our black lined draft, it's on page 2. Paragraph 10 presently says -- Vice Chairman Winton: Hold on. Ms. Balser: Sure. Something like this, I think that I'm going to point out to you. I think is just to bring it into consistency, but if somebody thinks otherwise, we need to get it on the table. It presently says, "forward complaints alleging criminal activity to the City of Miami Police Department and other relevant agencies." We think it should just say, "to appropriate prosecutorial agencies." We think that this paragraph was intended to be -- mean as follows: If, during the course of its work, the CIP comes upon a case, which is not being criminally prosecuted, but the CIP sees that there is criminal prosecution potential there, or, you know, that it should be considered for criminal prosecution, this would obligate the CIP To forward that matter to the appropriate prosecutorial agency. That's what we think was intended. Chairman Regalado: Mr. City Attorney, respond. Mr. VilareIlo: No. We intended exactly what it says, "to the City of Miami Police Department or other relevant agencies." That's -- Vice Chairman Winton: It says, "and other relevant agencies." Mr. Vilarello: That's law enforcement agencies. Law enforcement agencies investigate and refer it to the State Attorney's Office or the U.S. Attorney's Office for prosecution. Chairman Regalado: Does the member of the Commission agree with the City Attorney's reading? 211 February 14, 2002 Commissioner Teele: I'll tell you this, I think that easy language is to change the "and" to "or." Ms. Baker: OK. Commissioner Teele: And say "or" law enforcement or -- Mr. Vilarello: That's fine. Ms. Baker: Or appropriate prosecutorial agencies. Mr. Vilarello: "And/or." No. I agree, Commissioner Teele, with -- Chairman Regalado: And/or. Ms. Baker: No, no. Just "or." Mr. Vilarello: If it concerns both -- Ms. Baker: Well, what if it's -- forgive me, but this is the CIP may be finding criminal activity among someone at the City of Miami Police Department, and therefore that is not the place -- Commissioner Teele: "Or" is the appropriate language. Ms. Baker: "Or" is fine, not "and/or." But Just "or" is fine. Commissioner Teele: Chief, is that -- Chief Martinez: Commissioner, let me say this, what troubles me about this language is the following: They could change the CIP to make the Police Department better or work for the Police Department, so on and so forth, but every time we get to a place where we're going to work together, they don't want to work with us. They want to go on their own, go around us. So, if you try to make its better, if you want to be part of us, we want to be part of you, we want to be better with the community, you know, we're either in or we're out, you know, and we can't be halfway in and we can't be halfway out. I mean, if you have information, unless it's against me, if you have information of criminal conduct against one of my police officers, we investigate that, unfortunately, on a daily basis. We may do a good job or bad job or an unfair job of doing it, but that's part of what we do for a living, because we have squads that actually do that 24 hours a day. Ms. Baker: But, you know, you've said it, sir, and I wasn't going to go there. But you went there. Theoretically, it could be about you, and that would require the CIP to have an alternative. That's why "or" works. "Or" works, it gives the CIP the independence it might need. Chairman Regalado: OK. Are we fighting over "or?" Ms. Baker: Yes. 212 February 14, 2002 s • Vice Chairman Winton: Or "and." Chairman Regalado: OK. Vice Chairman Winton: Well, let me ask a question of everyone. I don't understand why the language that was there is inappropriate. If you have a City of Miami police officer that's the had guy, that y'all have discovered, and you then forward that the complaint to the City of Miami Police Department, and other relevant agencies, which could also be the State Attorney or the U.S. Attorney or whomever. I mean, what's the problem with that? It's going to everybody. Mr. Vilarello: Mr. Chairman -- Chairman Regalado: Any thoughts, Mr. City Attorney? Ms. Baker: The problem is -- Mr. Vilarello: Mr. Chairman, with -- Chairman Regalado: One second. One second. Let's hear the City Attorney. Mr. Vilarello: With the lateness of the hour, I was a little tired. The language that's in this right now is the correct language. If there's criminal activity going on within the department, it's imperative that the department be advised of the complaint of alleged criminal activity. It also permits them to provide this information to other agencies, if they believe that the department is not properly investigating the commission of a crime, then it permits them to advise other agencies. That is exactly, I thought, as the Chief stated -- and he corrected me when he made a statement -- that the reason for the panel was to make sure that that was addressed within the department. Chairman Regalado: So -- Commissioner Teele: Mr. Chairman, I recommend no changes. Chairman Regalado: Exactly. Vice Chainnan Winton: Second the motion. Commissioner Teele: The language "and" gives them the authority to go to the State Attorney -- Vice Chairman Winton: U.S. Attorney or any other attorney. Commissioner Teele: --U.S. Attorney, and -- Chairman Regalado: So, to make clear, there is a motion to -- 213 February 14, 2002 Commissioner Teele: There's no motion. Motion to -- Chairman Regalado: Well, I mean -- motion to leave the same language, no change at all in this paragraph. Vice Chairman Winton: Second. Chairman Regalado: It's a motion and a second. Madam City Attorney. I mean, Madam City Clerk, the roll. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 02-180 A MOTION TO ACCEPT LANGUAGE IN THE PROPOSED ORDINANCE RELATED TO THE CREATION OF THE CIVILIAN INVESTIGATIVE PANEL ON SEC. 11.5-2(10) PERMITTING THE PANEL TO FORWARD COMPLAINTS ALLEGING CRIMINAL ACTIVITY TO THE CITY OF MIAMI POLICE DEPARTMENT AND OTHER RELEVANT AGENCIES. 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 Gonzdlez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Chairman Regalado: Next. Mr. Rameau: OK. Next -- you're ready for the next item? Chairman Regalado: Next. Mr. Rameau: This one's very minor. It shouldn't take a long time, at all. This is -- Chairman Regalado: That's what you're saying. Mr. Rameau: Now, 11-53, just Number 1, this is membership -- nomination of members, just changing it from 15 to 9. I'm sure it was an oversight on behalf of the -- Chairman Regalado: Don't you know that the City Commission voted already on the 15? 214 February 14, 2002 0 • Vice Chairman Winton: And I didn't get a second on my motion on that very number? Mr. Rameau: OK, Are we moving on? We would like it dropped to a lower number. We think that the smaller the number, the more easily -- it could be managed more easily. Every number below 15 is better. Vice Chairman Winton: I -- what's the number here? Chairman Regalado: It's 15, 10 by -- Vice Chairman Winton: I thought myself that 15 was too many, and maybe nine is too few, so I didn't get a second on my first motion. I'm going to try a different number and a new motion. I am going to move to lower it to 13. Commissioner Teele: Second. Chairman Regalado: Thirteen. There is a motion for 13 appointments. So, who are we taking away the appointments? Not certainly from the Chief, who, by Charter, has one; the Mayor used to have four, and the City Commission 10. Now -- Vice Chairman Winton: Take one away from each of them. Chairman Regalado: Huh? Vice Chairman Winton: Take one from the Mayor and one from the Commission, because we're voting on them as a body. We're not voting on them -- we don't have individual appointments. So we can vote, as a body, on nine as opposed to 10. Unidentified Speaker: Right, right. Chairman Regalado: It makes sense. Vice Chairman Winton: Frankly, you could take them both away from us. I don't care. Chairman Regalado: OK. There is a motion to reduce the number from 15 to 13; twelve members appointed by the Mayor and the City Commission, one by the Chief of Police. There is a second, too. Madam City Clerk, call the roll. 215 February 14, 2002 E The following motion was introduced by Vice Chairman Winton, who moved for its adoption: MOTION NO. 01-181 A MOTION TO AMEND PROPOSED ORDINANCE RELATED TO THE CREATION OF THE CIVILIAN INVESTIGATIVE PANEL BY REDUCING THE NUMBER OF ITS MEMBERS FROM FIFTEEN (15) TO THIRTEEN (13). 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 Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None, ABSENT: Commissioner Joe Sanchez Chairman Regalado: So, it's 13. Now, the way to appoint the Appointing Committee, is that one of the issues that you have a problem, Max.? Mr. Rameau: The way to appoint the -- you mean, if the Mayor gets direct -- gets the appointments where it goes (INAUDIBLE)? We don't like that. We would like that reworked, for the Commission -- Chairman Regalado: No, no, no. It's always been said that the Chairman would be appointed by the panel, by the members of the panel. Mr. Rameau: Yes. Right. Chairman Regalado: That is in -- Commissioner Teele: We agreed on that last week. Chairman Regalado: Oh, we agreed with that. No. I'm saying the Selection Committee, how do we do the process of the Selection Committee? I think we agreed, but we want to make sure that we don't have any problems. Ms. McElroy: No, we're OK on that. Chairman Regalado: OK. We're OK on that. Anything else? Mr. Rameau: Yes. Same section, letter "C", number 2, we want to add to all appointments to the Civilian Investigative Panel should be made with sensitivity to the -- add the word "Gender." 216 February 14, 2002 0 . Vice Chairman Winton: Wait, wait. Where are you? Chairman Regalado: Where are you? Mr. Rameau: Membership. We're still in membership. We are just down to 1115 -- 1115-3, letter "C," number 2, Nomination of Members. Vice Chairman Winton: Hold on, Max. I've got to -- you guys didn't number your pages, so it's hard for me to Mr. Rameau: Oh, it's just number 2. I'm sorry. Forget about "C." It's just number 2. Chairman Regalado: It's number 2, nomination of members. The Miami City Commission shall appoint a Civilian Panel, or whatever the name is. Mr. Rameau: Right. All we're doing is adding "gender" to "racial, ethnic and religious, linguistic, and cultural diversity." Commissioner Teele: Without objection. Vice Chairman Winton: So moved -- second. Chairman Regalado: OK. There is a motion and a second. Madam City Clerk, call the roll The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO, 02-182 A MOTION TO AMEND PROPOSED ORDINANCE RELATED TO THE CREATION OF THE CIVILIAN INVESTIGATIVE PANEL, ON SECTION 11.5-3(2) BY ADDING THE WORD "GENDER" THEREBY READING THAT ALL APPOINTMENTS TO THE CIVILIAN PANEL SHOULD BE MADE WITH SENSITIVITY TO THE GENDER, RACIAL, ETHNIC, RELIGIOUS, LINGUISTIC AND CULTURAL DIVERSITY OF THE CITY OF MIAMI. 217 February 14, 2002 E 0 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 Gonzdlez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Chairman Regalado: OK. Is that it? Mr. Rameau: No. We have more. Qualification of members. Vice Chairman Winton: Where is that? Mr. Raineau: This is letter "D." It's actually the next page on ours. Letter "D," number 1. We just wanted to have a vote on the -- Chairman Regalado: All members of the Civilian Panel shall either be permanent residents of the City of Miami, own real property in the City of Miami, or work or maintain a business in the City of Miami." Mr. Rameau: Right. We want to vote on the felon convictions. Chairman Regalado: OK. So, we -- everybody is OK on this Miami thing, right? Mr. Rameau: Yes. No problem. Chairman Regalado: No problem. Mr. Rameau: No problem. Chairman Regalado: Now, we go to the second part. Mr. Rameau: Which is felony conviction. Chairman Regalado: It shall not have a record of a felony convictions. Mr. Rameau: Exactly. Vice Chairman Winton: Mr. Chairman. Chairman Regalado: Yes, sir. 218 February 14, 2002 0 0 Vice Chairman Winton: I know that one of our fellow Commissioners, who is not here tonight, has had strong feelings about that issue. I don't know if you want to vote without him having a vote on this issue or not. I'm just bringing it to your attention. Chairman Regalado: We have to do it. I mean, we -- we're not going to defer anymore of these items. Vice Chairman Winton: Then -- Chairman Regalado: And we all know how Commissioner Sanchez felt about it. I can say -- Vice Chairman Winton: I will move -- Chairman Regalado: if he were here, he'll vote not to have convicted felons in the -- Vice Chairman Winton: Right. And I'm going to move to not strike that language. I want to leave the language in "and shall not have a record of a felony convictions," because -- well, I've already talked -- we've already had the debate over it. So, don't want to repeat the debate. Vice Chairman Winton: Second the motion. Vice Chairman Winton: I think there's an equal conflict of interest on this side as there would be in having a policemen serving on the panel as well. So -- Mr. Rameau: How about with the restoration of the rights? Chairman Regalado: OIC. There is a motion and a second. Madam City Cleric. Mr. Rameau: Commissioner, may -- Chainnan Regalado: Sure. Vice Chairman Winton: I didn't hear you, Max. Mr. Rameau: If their rights are restored. Even if their rights are restored? Vice Chairman Winton: That's correct. Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Tecle: I think we have to have a little bit of opportunity to discuss this. It's here. I may be the only one that feels this way, but I must say that I think this is the most burdensome to the public. First and foremost, a convicted felon that has served their time and has paid their 219 February 14, 2002 0 • debt to society should not be faired upon -- penalized or punished. Secondly, the language, as it's written, even if the Governor and the President grant a pardon, he's still a convicted felon. So, what you've created now is language that is broader and more onerous than anything literally in the United States. I mean, if a convicted -- Vice Chairman Winton: Then take the broader part of it out. Chairman Regalado: How do you do that? Vice Chairman Winton: Don't ask me. Commissioner Teele just said it got broader. Commissioner Teele: I think if a person has been convicted, it should be disclosed. But we're the ones who are voting. I mean, this is a limitation -- this basically say we don't trust ourselves. Why should a person be totally disqualified if they have been convicted, made restitution, and have engineered a comeback in society. I don't think there's any secret that this provision has a disproportionate impact on black males, and that's not -- this is not the race card, now. I don't want -- this is a statistical card -- is that what you have in this state right now, according to Amnesty International, are more convicted black males in prison than any other state, percentage wise, in the United States. And, so, all that I'm saying is this, I don't want a bad person or bad character, but what I'm saying is, all of these people have to be approved by us. They all have to be approved by the Commission. And if we feel that way, then you vote against the person, not based upon the fact that they were a convicted felon, but they don't meet what it is you're looking for in the way you do it. I just have a hard time not trusting us collectively to make the right decision, when it sends such a very strong message, and it's so offensive to some segments of this community. I would like to believe that everybody has -- can hope to be President of the United States. I would want to believe that everybody can hope to be Mayor of this City, and I would believe that people who have done wrong, that have paid their price to society, that are in the process of rehabilitating their life can have the hope of coming here and convincing us. We're creating an arbitrary barrier to that, and if the language says "shall" -- that a convicted felon shall expose or -- don't expose, but a convicted felon shall have to disclose -- don't expose, disclose -- I think you get the same thing. I mean, what you don't want is somebody sneaking an application through that none of us knew. But I mean, you know, God bless, you know -- one of the guys just died -- I mean, you know, left a billion -- couple hundred million dollars, you know. He was a convicted -- a lot of people in our community are convicted felons, but they are still rehabilitated themselves, and I see no reason to put this stigma there. But I don't want to make this a drama. You know, if the majority -- Chairman Regalado: Commissioner, let's hear the Chief and then we'll discuss this further. Chief Martinez: Thank you, Commissioner. We, at the Police Department, have not opposed the CIP from the beginning. Even the union has not opposed the CIP from the beginning, you know, because we understood that we needed community support in order to be effective in this community. We feel very, very strongly about this issue, for many issues. Some are very apparent. Even some of the members spoke about the inherent conflict of a Miami police officer sitting on the board. This is exactly the same thing, as you would have. I am sure, Commissioner, there are some convicted felons out there who will be great board members. Yes, 220 February 14, 2002 I think there are some Miami police officers that could be great board members who could be fair and honest about this. What I can guarantee you, there's a lot of people out there who will be great board members, who don't have a convictions as a felon, and beyond all these issues is, if you allow felons to sit on this board, it's going to send a chilling message to the police officers. The person they arrested on the corner for whatever he or she was doing, in their mind, they're going to assume, correctly or incorrectly -- because, you know, people make assumptions and half the time they're wrong -- the person who I'm arresting could be sitting on the board six months or a year from now judging an action that I may have. I mean, other departments -- we don't know of one CIP in the United States, which allows felons to sit on the board. Not once does a felon sit there and rule guilty or not guilty against a police officers. So, I think that is a very strong message that we have, and the chilling message to the police officers. You know, and -- we can be very proud of Miami police officers. (INAUDIBLE) slowed down, no arrests, crime goes up. We've been dealing with this for about a year. Cops keep putting bad guys in jail, where they should be, and today you honor four or five cops, who gave money out of their pocket, go out of the way to help people. They haven't stopped and they won't stop. I can guarantee you they won't stop. And message like this can be interpreted -- be a tremendous message to the police officers what you, as Commissioners, want to judge police officers. Chairman Regalado: Thank you. Vice Chairman Winton: Mr. Chairman. Chairman Regalado: Yes, sir. Vice Chainnan Winton: And there isn't a lot of reason for Commissioner Teele and I to debate back and forth on it. He said it right. I mean, there's few things we disagree on anymore. I don't know what the hell's going on here. We're going to have to find more things to disagree on. But Commissioner Teele, getting a piece of paper in front of me does not allow me to understand what's going on in that individual's mind. And this is about the individual that sits on that panel. And we are trusting that the judgment of every single person we put on this panel is clear, concise, and fair to both parties. And there's always -- that's the reason we have conflict of interest, rules and laws. There is always an inherent risk that somebody that's been on that other side, once you get over here, you've created the potential for a significant inherent conflict. And I think there's a lot of good people of every single ethnic background in our community, every single ethnic background -- that can serve -- 1 I people is all we're looking for. There's plenty of people out there who are qualified to do this job, that don't have that inherent risk, no different than the policeman. So, that's -- and that's all I'm saying. I'm done. Chairman Regalado: OK. There is a motion. We've got to move on. I really -- Vice Chairman Winton: And I'm done. I'm not -- Chairman Regalado: There is a motion and a second. Madam City Clerk, call the roll on this issue. (COMMENTS MADE DURING ROLL CALL.) 221 February 14, 2002 0 • Vice Chairman Winton: I made the motion, right. Chairman Regalado: Yes, you did make the motion to stay as it is. Vice Chairman Winton: So, yes. Commissioner Teele: For the sake of unity, I vote "yes." Chairman Regalado: OK. The following motion was introduced by Vice Chairman Winton, who moved its adoption: MOTION NO. 02-183 A MOTION TO ACCEPT LANGUAGE IN THE PROPOSED ORDINANCE RELATED TO THE CREATION OF THE CIVILIAN INVESTIGATIVE PANEL ON SEC. 11.5-3(d)(1) STATING THAT ALL MEMBERS OF THE CIVILIAN PANEL SHALL NOT HAVE A RECORD OF A FELONY CONVICTION. 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 Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Chairman Regalado: Next. Mr. Rameau: Next one -- next number down is number 2, still section "D," qualifications. Number 2 adding the words "or" -- no appointee to the Civilian Investigative Panel, nor any members of the appointed immediate family shall be currently employed by the City of Miami -- add the word -- Vice Chairman Winton: Max, hold on a second. Where are you again? Mr. Rameau: "D," Qualifications. We just went over number 1. We're just dropping down to number 2. It's -- Chairman Regalado: What are the changes -- 222 February 14, 2002 0 Mr. Rameau: -- eleven. Vice Chairman Winton: I've got it. • Mr. Rameau: Eleven five dash three. All we're doing is adding former City of Miami police officers as not eligible to sit on the CIP, in addition to current employee or party to legal litigation against the City of Miami. Chairman Regalado: Chief, do you have a problem with that? Would you argue in favor of former police officer? Chief Martinez: No. I mean, I could make the same argument that somebody like Clarence Dixon would be a great person to sit on this board. But just like I argued that a convicted felon could have a bias, I don't have any problem with that wording, at all. Chairman Regalado: OIC. Commissioner Teele: I just want to -- I want to be -- because I've said this to the organization. I do have a problem with it, for the same reasons that I just articulated. I really do think -- and, you know, this moniing we saluted 15 people. I don't think, as a class, they should be -- but if we voted not to let felons, then we have to be consistent, So, I'm not going to raise the issue. And I'm going to vote to exclude them, but I fundamentally believe both police officers, former police officers, and convicted felons should be given the opportunity. So, I come out totally different, but I'm going to support what you're asking for, because we just did that with convicted felons. But I can tell you right now, if a convicted felon had passed, I would be totally opposed to this provision, because I think, again, former police officers that serve in this City could very well make great members of this panel. Chairman Regalado: I think we have a motion. Do we have a second? Yes, we have a second. And Madam City -- Commissioner Teele: To accept their language. Chairman Regalado: To accept their language of banning former police officers to participate in the panel. Madam City Cleric. (COMMENTS MADE DURING ROLL CALL) Commissioner Teele: For salve of unity, yes. 223 February 14, 2002 0 9 The following motion was introduced by Vice Chairman Winton, who moved its adoption: MOTION NO. 02-184 A MOTION TO AMEND PROPOSED ORDINANCE RELATED TO THE CREATION OF THE CIVILIAN INVESTIGATIVE PANEL, ON SECTION 11.5-3(d)(2) BY STIPULATING THAT FORMER POLICE OFFICERS SHALL NOT PARTICIPATE AS MEMBERS OF THE CIVILIAN PANEL. Upon being seconded by Commissioner Gonzdlez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzdlez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Chairman Regalado: Where's Max? Commissioner Teale; That's it? Chairman Regalado: That's it? Mr. Rameau: No, no, no. We have more. She's up. Chairman Regalado: What do you mean? Mr. Rameau: She's up. Ms. Baker: That's it on that provision. I'm the next batter. Vice Chairman Winton: What do you guys, have a hand-off deal going here? Ms. Baker: OK. We're up to section 11.56. We are assuming, by the way, that the City Attorney's staff is going to make, you know, everything consistent where you've already voted on things, like the quorum has to change, those numbers have to change. We're not going to try to do math up here at the podium. All right. Eleven point five six, sub section one, this is really perhaps just a question of clarification. It says, qualifying complaints. Complaints concerning allegations in this conduct may be submitted to the CIP or to the Police Department." And we are assuming that this is a question, Mr. City Attorney, that, if a complaint, that is, a CIP complaint gets submitted to the Police Department, it would be forwarded by the Police 224 February 14, 2002 Department to the CIP. We're assuming that that's what is meant here. It doesn't quite say that on -- you can perhaps elucidate whether it needs additional language. Mr. Vilarello: Could you repeat your concern again? Chairman Regalado: No, I think she just wants clarification. It says here, "Complaints concerning allegation of misconduct may be submitted to the Civilian Panel or to the Police Department. What she's asking is that if this complaints are sent to the Police Department, that they will be forwarded to the panel, Vice Chairman Winton: Well, I'm not sure I understand why it says "or the Police Department" in parenthesis anyhow. I don't get that. Ms. Balser: We weren't either. Chairman Regalado; I don't understand either, why was the Police Department -- I mean, how do they -- I mean, the question is, is it easier to get to the panel or to the Police Department with a complaint? Mr. Vilarello: I think the intended language, if they came to the Police Department to file a complaint regarding misconduct with the Civilian Panel, the Police Department would have to send them to the Civilian Panel. If they come to the Police Department with allegations of misconduct to the Police Department, then that's going to invoke the provisions of Florida Statutes 112, and that police officer is going to be entitled to certain rights under that statute. So, if it comes to the Police Department, it can't just be forwarded over to -- Chairman Regalado: Wait, wait, wait, wait. Alex, how about if they go directly to the panel? Mr. Vilarello: That's fine. Commissioner Gonzalez: That's fine. Ms. Baker: The issue seems to be, if they go to the Police Department thinking that by doing so, they can file a complaint with the panel, not realizing that by going and filing a police complaint, they're initiating an Internal Affairs investigation. The Police Department has an obligation either to direct them to the CIP or to take the complaint and hand it over to the CIP. And the -- so that there's no misunderstanding from citizens who go to the Police Department thinking that now that there's this new CIP created, that they can create -- that they can file a complaint and that it will be directed to the CIP. Mr. Vilarello: If the complainant comes to the Police Department and files a complaint, the officer who is subject of the allegation, has rights under Florida statutes, and we can't take that complaint and simply forward it to the panel. However -- Ms. Balser: No, that's not the issue. 225 February 14, 2002 Mr. Vilarello: OK, fine. Which is fine. If the request is that we make sure that if someone comes to file a complaint with the panel, that there's information provided to them on how to get to the appropriate place to file a complaint, I believe that that's fine. Chief Martinez: And let me add. If somebody says, I want to file a complaint against a police officer, we'll take the complaint, we'll investigate, and we definitely can't tell you that. And you obviously know that. Chairman Regalado: Well, I'll tell you what we can do as -- I don't know if you all will accept this. It says, "complaints concerning allegations of misconduct may be submitted to the Civilian Panel." Why don't we say, "to the Civilian Panel or to the Office of the City Clerk?" And with that, the City Clerk will forward everything -- or to the City Attorney. Mr. Vilarello: No. I think when you get to the City Clerk, the City Attorney, the Police Department or anybody, that's going to invoice those rights and privileges that they have under section -- Chairman Regalado: Then, Alex, to -- you know, to divide this conflicts, why don't we just say, may be submitted to the Civilian Panel. That's it. Unidentified Speaker: Period. Ms. Baker: Period. Right. Commissioner Teele: Period. Chairman Regalado: Period. Mr. Vilarello: That's fine. That -- because now it keeps us out of the situation we were -- that's a concern. Chairman Regalado: OK. Ms. Baker: That's actually what we wanted. We didn't want to ask for something was unnecessary, but it's necessary we ask for it. We're happy. Chairman Regalado: OK. Ms. Balser: Next. Chairman Regalado: There is -- do we need anything, Alex, in terms of votes or anything? We don't need anything? Mr. Vilarello: No. Chairman Regalado: Just understand what we just did, right? 226 February 14, 2002 • 0 Mr. Vilarello: That's fine. There's (INAUDIBLE) -- Chief Martinez: Commissioner. Mr. Vilarello: -- several of (INAUDIBLE) items that you don't want to. But the one thing that we might want to make sure that this doesn't imply that police misconduct can only be reported to the Civilian Panel. Chairman Regalado: No. It doesn't say here "only." Chief Martinez: And that's one of the clarifications, that this procedure doesn't overwhelm the right for people to come to the Police Department and file complaints. Ms. Baker: All right, so it's clear that even without a vote, you're going; to remove "or to the Police Department" from this provision. Commissioner Teele: Isn't "may" permissive? Ms. Balker: Yes, absolutely. It says "may." Chairman Regalado: OK. Next Ms. Baker: Next. One -A, we ask that you strike "and sign by the complainant or legal guardian." You heard Nate Wilcox's, I think, very comprehensive and very strong explanation of why anonymous complaints should be allowed. That is the Coalition's position. You didn't vote on it before. I don't want to repeat arguments that, first of all, were done well, and you remember. Chairman Regalado: OK. OK, Does NET (Neighborhood Enhancement Team) accept complaints that are not signed? Chief Martinez: Sure. Carlos Gimenez (City Manager): Yes, we do. Chairman Regalado: Does the police accept complaints? Chief Martinez: Yes, sir. Chairman Regalado: I don't see any problems on what -- Commissioner Teele: Chief, what's your argument against -- what's your best argument? Chief Martinez: No, I really don't have an argument against it. The only thing, I think, this has - - and maybe I'm reading more into it than it does. Somebody has to put it in writing. 227 February 14, 2002 E Ms. Baker: Yes. 0 Chief Martinez: Somebody has to put it in writing. Ms. Baker: It says, "shall be reduced to writing." We agree with that. Mr. Vilarello: And the additional language you're objecting to -- Chairman Regalado: And signed. And signed. Commissioner Teele: Don't we have language that was agreed to -- I mean -- Vice Chairman Winton: Well, I have a motion. Motion to. Chairman Regalado: To strike "sign?" Vice Chairman Winton: Right, Chairman Regalado: OK. That's a motion. Do we have a second? Commissioner Teele: Second. Chairman Regalado: OIC. Madam City Clerk, the roll. The following motion was introduced by Vice Chairman Winton, who moved its adoption: MOTION NO. 02-185 A MOTION TO AMEND PROPOSED ORDINANCE RELATED TO THE CREATION OF THE CIVILIAN INVESTIGATIVE PANEL, ON SECTION 11.5-6(1.)(a) BY STIPULATING THAT COMPLAINT FORMS SUBMITTED TO THE CIVILIAN PANEL NEED NOT BE SIGNED. 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 Arthur E. Teele, Jr. Commissioner Angel Gonzalez NAYS: None. ABSENT: Commissioner Joe Sanchez 228 February 14, 2002 0 0 Chairman Regalado: What else? Vice Chairman Winton: No -- exactly. It's logical. Ms. Baker: All right. Under "B", this is very simple. We think that the example in the middle of "B", for example, "by telephone or in person," should be struck, because: it's maybe either over -inclusive or under -inclusive. It's one of those things that just shouldn't be thrown in the ordinance. The sentence makes more sense -- the sentence is a stronger statement without it. The sentence is just "complaints received in a manner other than the above shall be retained for informational purposes only." Commissioner Teele: No problem with that. Chairman Regalado: OK. So, we don't even need to vote. Strike that. Ms. Balser: Now, one other -- in that same paragraph -- Chairman Regalado: Wait, wait, wait, wait. Mr. City Attorney. Mr. Vilarello: (COMMENTS OFF THE RECORD) Ms. Baker: No, we're not. Chairman Regalado: Just let him finish. Because we're going to vote on this. Commissioner Teele: We're striking the parentheses for example comma by telephone or in person close parentheses, comma. Just striking that. She's saying the rule of construction, if you're going to list things in series, you need to list them all or don't list any. Ms. Balser: Right, you got it. Chairman Regalado: OK. Commissioner Teele: There is a Latin word for it. I don't know. Ms. Baker: In the same paragraph -- Mr. Vilarello: No, no. I'm sorry. Ms. Baker: Oh, I can't do it, but somebody else can. Mr. Vilarello: No. Then you need to remove that entire second sentence. In other words, you've removed the provision that says, "signed by the complainant and legal guardian.." Chairman Regalado: Yeah, we did that. 229 February 14, 2002 Mr. Vilarello: And complaints received in a manner other than specified in "A" shall be retained by the Civilian Panel." There aren't any. All complaints are received and reduced to writing, period.. Ms. Baker: OK, fine. Mr. Vilarello: So, you would remove that entire second sentence. Chairman Regalado: OK, done. Ms. Baker: OK. We certainly have no problem with that. Now, in the first sentence of "B", this provision gives two working days to notify the Police Department. And we'd like five working days, only because two working days just literally may be too onerous a time constraint. Commissioner Teele: Is this the last change you've got? Ms. Baker: No, but it's -- we're moving along very fast. Vice Chairman Winton: But we can get -- what we could get, we could get something else in 24 hours. Chairman Regalado: One hour. Vice Chairman Winton: One hour. I mean, you guys have got to figure out how you're going to argue this stuff. You know what I mean? Mr. Rameau: It's fax machines. Vice Chairman Winton: You've got to -- Mr. Rameau: Wonderful. Ms. Baker: We're not going to spend time arguing. Vice Chairman Winton: Be a little more consistent. Ms. Baker: We present it to you. You vote. You say yes or no. We move on. Vice Chairman Winton: Leave it alone. Chairman Regalado: OK. Motion to leave it as it is, two days. Vice Chairman Winton: Yes. Chairman Regalado: By Commissioner Winton. Second by -- 230 February 14, 2002 0 i Commissioner Teele: Second. Chairman Regalado: -- Commissioner Teele. Roll call, Madam City Clerk. The following motion was introduced by Vice Chairman Winton, who moved its adoption: MOTION NO. 02-186 A MOTION TO ACCEPT LANGUAGE IN THE PROPOSED ORDINANCE RELATED TO THE CREATION OF THE CIVILIAN INVESTIGATIVE PANEL ON SEC. 11.5-6(1)(b) STIPULATING THAT THE POLICE DEPARTMENT SHALL BE NOTIFIED OF COMPLAINTS RECEIVED BY THE CIVILIAN PANEL WITHIN TWO WORKING DAYS. 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 Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Angel Gonzdlez Commissioner Joe Sanchez Chairman Regalado: So, it stays like that. Ms. Baker: OK, Chairman Regalado: Next. Ms. Baker: Yes. Now, in paragraph 2A, the same right along 11.5-6, paragraph 2A. Commissioner Teele: You know what I don't understand? I don't understand why you all agree or we want it for you not to investigate anything except perspective. "E" basically says "the Civilian Panel shall not accept" — "the CIP shall not accept complaints concerning incidents predating the effective date of the City Charter." I mean, why? Ms. Baker: Well, that would -- let me just say something, sir. We don't support that then ever came from our draft. We have tried, believe it or not to -- Commissioner Teele: I mean -- (INAUDIBLE). Chairman Regalado: Well, why you didn't say it? 231 February 14, 2002 0 • Ms. Baker: -- hone down our fights. Mr. Vilarello: The rationale is based on when it was adopted by the citizens. Commissioner Teele: Yeah, but what was -- Ms. Baker: We're very happy to get rid of it. Commissioner Teele: -- adopted by the citizens is subpoena power, really. So, again, I'm asking, why do we have this provision in here? If the Birmingham Bombings were just resolved six months ago, why are we -- Chairman Regalado: Commissioner, you want to change in the form of a motion? Commissioner Teele: Personally -- I mean, I'd like to understand why it's in here, because I'd like to strike it. Chairman Regalado: Go ahead and introduce a motion. Chief Martinez: Commissioner, if I may give my opinion. Chairman Regalado: Yes, sir. Chief Martinez: For what it's worth. I mean, if we're to fix problems in the Police Department, going back now looking at the Alvarez shooting back in the 80s or the Lozano shooting, 1989, 1 mean, what is the purpose to go back 20, 15 years for doing something? When those acts happened -- and correct me -- and people were tried, guilty, not guilty, fired, so on and so forth., this bili did not exist -- this policy did not exist, and now you're going out -- and I'm not an attorney. I'm not sure how far back (INAUDIBLE) and make something that was wasn't or happened, but this didn't exist prior to November 13, 2001. We have no problem taking a look at something that happened after the voters -- 70 percent said yes for it, but the day before November 13`", this didn't exist. Commissioner Teele: Chief, you know and I know that in uniform procedures, the most important thing to prevent things from happening in the future is to go back and do after -action reports. In the military, everything is gone back and reviewed, even the battle of -- you know, the Battle of (INAUDIBLE). You go, you look, and people are still sitting around the table talking about what happened, and why it didn't happen and why they should -- I think it's very helpful to go back, and not to try to investigate -- see, again -- Mr. Vilarello: That's it, Commissioner. Commissioner Teele: I'm not talking about investigating people -- 232 February 14, 2002 • Mr. Vilarello: This language says investigate or submit complaints that predated the enactment of the -- Commissioner Teele: This does not prevent them from -- Mr. Vilarello: And part of another complaint or another investigation -- Commissioner Teele: No, no. Can they go back and look at different -- Mr. Vilarello: Historically, yes, absolutely. This language simply prohibits them from receiving and accepting complaints of actions that took place prior to November of 19 -- of 2001. Vice Chairman Winton: But it allows them to investigate -- Chairman Regalado: But -- Vice Chairman Winton: -- anything they want to investigate that's prior to that? Mr. Vilarello: That's encompassed within their investigatory powers of policies and past discipline, et cetera. I think that they have the absolute right to investigate -- to review -- Chairman Regalado: So, you're OK with that? Mr. Vilarello: -- historical events. This simply -- the limiting language here is the Civilian Panel shall not accept complaints concerning incidents. Commissioner Teele: So, you would agree that they have the right to go back and review files and review what happened before and et cetera? Mr. Vilarello: Everything that is a public record, which is closed investigations of historical nature, that go back years and years is absolutely fair game. Commissioner Teele: Could they subpoena someone to come before them and explain what happened? Mr. Vilarello: They can subpoena -- if that's part of an investigation -- Commissioner Teele: You've got another lawyer that's looking real -- Mr. Vilarello: You can't assume, just because he's nodding his head one way or the another, what someone means. If it's part of another investigation, of which they're properly proceeding on a complaint, they can investigate or subpoena individuals in connection with that particular complaint. If they have historical information, they can't accept a complaint -- Vice Chairman Winton: So, the Birmingham deal couldn't be solved in this procedure? 233 February 14, 2002 0 Mr. Vilarello: I agree. 0 Chairman Regalado: Commissioner, what do you want to do? You want to rewrite that? Commissioner Teele: No. I mean, my position is, why do we have them -- why we have them looking only forward? Because my view is that there -- the best thing they can do is go through old files and try to figure out if there are patterns, if there were people who graduated from some school that nobody knows and things, since we're all looking at the school militants are going to in Pakistan or something. I mean, you know, I don't know what's out there, but somebody ought to start looking at this stuff. Mr. Rameau: Well, can we get it to say that, that -- to say that we can -- that the CIP can review but not investigate, instead of saying that it can't accept the complaints? Wouldn't that be more accurate? Mr. Vilarello: I'm going to get you the language, I think, that's already in thcre that allows you to look at all public records -- Chairman Regalado: Whatever you do, you've got to do it now. Mr. Vilarello: I'm doing it right now. Chairman Regalado: Because, you know, we're going to vote on this and I -- you know, there are people here that are still -- we have several other things to go on. Commissioner Teele: (INAUDIBLE) could we bring -- come back to this last? Chairman Regalado: Huh? Commissioner Teele: Since I brought this up -- Mr. Vilarello: If I can address one legal issue before we go, that supports the reason why this language is in place. You have -- this panel is being given significant powers that didn't previously exist prior to November of 2001, including the power to subpoena, investigate complaints, receive complaints against police officers, in particular. If they're allowed to accept complaints that predate that Charter provision, which was voted upon by the citizens, 1 think you might have an expo facto law problem, and I think that -- Commissioner Teele: If there's no investigation going on, what's the expo facto -- Mr. Vilarello: That's OK. Commissioner Tecle: Remember, they can't interfere with an ongoing investigation. You can't have it both ways. If they cannot interfere with an ongoing investigation, if this case is dead, it's closed, no leads, -- 234 February 14, 2002 ! 0 Mr. Vilarello: Criminal investigation. They can't interfere with ongoing criminal investigation. They can simultaneously investigate the perhaps disciplinary matter that's proceeding. The criminal investigation is what they're prohibited from interfering with. Commissioner Teele: So that's -- the question reoccurs. If they can't interfere with a criminal investigation, then what's the problem with going back with something that's 10 years old, 15 years old? Where's the harm? Where's the expo facto? Chief Martinez: And, Commissioner, what's the purpose? I mean, what is the purpose -- Commissioner Tecle: To try -- the purpose of what I want to see the CIP is to try to vet and determine patterns and circumstances that we may have done things based upon not having all the information. Maybe there is a school, a school in Overtown, that all of these people went to that nobody knew about. Maybe they -- you know, I'm using that as an analogy since there is apparently a bunch of schools in England in places where these people that like shoes go. So, all that I'm saying is, there are a series of things that don't necessarily deal with criminal. I don't see why everything is so tight about the criminal aspect of this. We're not talking about conflicting with an ongoing criminal investigation. If the file is closed, what's the problem? Chief Martinez: No. And, Commissioner, definitely there's no criminal investigation. But they could make recommendations that may lead to administrative charges against an officer that did something in 1989, 1990 case. Commissioner Teele: But why is everything about charges? We're talking about procedures and policies and training. Chief Martinez: Because, Commissioner, that board -- the board, not them, because they're not going to be on the board -- the board's going to recommend at sorne point, Officer Luis Alvarez or Officer Raul Martinez did something wrong 20 years ago, A, B, C, D, E and F, and that's going to fall on my lap, to deal now with a 20 -year old case, whether it was handled, Mishandled, handled correctly, and you're going to add more fuel to a fire to a historical case. Vice Chairman Winton: But, you know, Chief, there's a possibility that they investigate that case and come to the conclusion where the public has been thinking for 20 years that the cops were bad and they come to the conclusion that the cops were right. Mr. Simon: Commissioner, can I say one thing? Vice Chairman Winton: So, you guys will all end up looking good. Chairman Regalado: There is -- Vice Chairman Winton: They're not going to .find that all of these were bad cops. Mr. Simon: Commissioner Regalado, may I say one sentence about this? 235 February 14, 2002 Chairman Regalado: Yeah, one second. I don't -- I think, you know, for history's salve, there's nothing wrong with the panel going back and look into what happened in the past. The press does that all the time. Every time that there is an anniversary -- Commissioner Tecle just mentioned the church bombings and that is a part of the historic restitution. If we owe something to certain communities or every community, I, myself, I think, you know, that panel should go back and look into the Elian Gonzalez riots, and disturbances, because something very wrong went there. So, I don't ]snow. Mr. City Attorney, do you want -- Mr. Simon: Commissioner Regalado. Chainnan Regalado: .lust ane second. Let me just --do you need time to resolve this with them or can we just resolve it right here live? Mr. Vilarello: Commissioner, this is not language that the Coalition proposed or suggested, but it's language that they chose not to object to. Commissioner Teele has raised the issue. Chairman Regalado: Commissioner Teele is proposing the language. Mr. Vilarello: I'd like to address the issue. The language limits -- simply limits the receipt of complaints prior -- that predate the Charter -- the enactment of the Charter provision. It does not prohibit in the investigation of, for example, a shooting policy. The review of 20 years of shooting incidents, which may give them information on how they would like to comment and then make suggestions to the Police Department with regard to 20 years of incidents involving shootings in connection with that review. This is simply limitation on the receipt of complaints, in an attempt to have a fixed date in going forward under this ordinance. And, of course, the subpoena power wasn't something that was available prior to November 2001. Chairman Regalado: So, Alex, what you're saying is, we don't need to do anything? If the panel wishes to go ahead and look into something that happened 20 years ago, they can do so and require information from the Police Department? Mr. Vilarello: I'm suggesting to Commissioner Teele that I think the panel does have that right to go back and look at historical issues, and it's simply a limitation on a complaint. Mr. Simon: Commissioner, may I please make one comment? Chainnan Regalado: Yes, go ahead. Mr. Simon: Now that you're in the process, the final stages of creating an institution, where the citizens of this community ]snow that they can go and file complaints, it's not unheard of that maybe new evidence of past crimes may come to light. Why tie the hands of the Commission? I don't think this is a provision in which there's any tinkering. .I. think you just have to vote up and down about eliminating it and not tying the hands of the panel. 236 February 14, 2002 Chairman Regalado: If we want to resolve this issue, Commissioner Teele, you have any suggestions? Mr. City Attorney, if we were to grant what the Commissioner wants is to -- for the panel to have the power to investigate, not look into? Is that what you meant, Arthur? Vice Chairman Winton: Maybe we can get a motion going here. Commissioner Teele: Well, I just want to be very clear with the City Attorney. Are you suggesting that there is a difference between to look into or review and investigate? Chairman Regalado: He -- Commissioner Teele: Are you suggesting that the panel, on its own motion, may not order an investigation? Is there any provision in this language that authorizes the Civilian Panel, on its own motion, without a complaint, to begin an investigation? Chairman Regalado: OK. Commissioner, if I can just suggest something. Vice Chainnan Winton: Well, isn't that a question to the City Attorney? Chairman Regalado: Yes. But I would like to suggest something. Maybe you would like to entertain this. I think that it could all change if you add a phrase that said "the panel could begin an investigation without a complaint." Mr. Vilarello: Commissioner, the problem I have is that with all the modifications I've started ripping my copies up, so I don't have a complete set. Chairman Regalado: No, no, no. But -- Mr. Vilarello: The language of the ordinance, as it's written right now, authorizes them to conduct investigations, inquiries, public hearings, et cetera. It already authorizes. There's no limitation on it. The issue of complaints, of receiving complaint, is a separate issue. They have that authority to conduct investigations and inquiries without an independent complaint being written. Chairman Regalado: Commissioner, you want to -- one second. Commissioner, you want to -- Commissioner Teele: If what the attorney is saying is correct -- and I have to say assume it is -- then he has addressed my concern, and that is that the panel may review matters without a complaint on its own motion. This language only addresses complaints being filed concerning incidents. And if that's the case, then I can live with the language as it's written. But I just would like to see the language, Alex, that clearly delineates the panel having the authority to investigate or to review and investigate matters on its own motion. Mr. Vilarello: It's on page 3 of the ordinance, number 5. 237 February 14, 2002 • r Commissioner Teele: Well, it seems to me that that doesn't give them that authority. It says, "Regarding allegations" -- it's limited -- we need something to break this paragraph up. Because this language "conduct investigations, inquiries, and public hearings, to make factual determinations, facilitate resolutions, and propose recommendation to the City Manager and Police Chief regarding allegations of misconduct." And, again, I just think that's so narrow because I really am not really as interested in the misconduct as I am about the policies, procedures, and underlying conditions. Mr. Vilarello: Commissioner, if you go back to the beginning of that section, it says the purposes, powers and duties of the Civilian Panel are to, colon, and then it modifies each and every one of those paragraphs. And their powers -- purpose, powers and duties are to conduct investigations, inquiries, public hearings, to make factual determinations, and so forth. I don't know if I've addressed your point, but I believe that this allows them to go forward, independent of a complaint being filed. Ms. Baker: It could be solved very simply by just adding a very short sentence under 11.56, Procedures. We could make it "IS ... "the CIP may open an investigation on its own, without the necessity of receiving a complaint," or just "the CIP may open an investigation on its own." Commissioner Teele: Well, I would be comfortable if it said the CIP, by majority vote of the board, may open an investigation. That's something done publicly. It's not -- I don't want, you know, somebody saying well, I'm going to open an investigation. Chairman Regalado: OIC. Well said. Commissioner Teele: Do you have a problem -- Chief Martinez; Commissioner, I just have a philosophical problem with going back restating, whether it's Elian or Lilly Alvarez, and I don't see the benefit of it, of finding out things that we have done wrong, that officers have been arrested for, that people have been fired for, and those are the juicy ones. I mean, I think this board needs to prevent future juicy ones. I agree with you, policies and procedures are going to be the key to all this, you know. And why go back and bring -- subpoena people, because that's what they do. They're going to subpoena people in front of the board and say, "why did you shoot the guy on the motorcycle? Whether he or she will say what they did or didn't do, it's a differential. But we're rehashing wounds in this community, for what purpose? I don't see the purpose for it, whether they can do it or not. I don't see the benefit of doing this. Chairman Regalado: Raul, with all due respect, you know, the policy of turning the page and forgetting, you know, it's not -- it's like, you know, in Argentina, they did the obedience - the loyalty, obedience and forget about the people that were shot. And it's like if we go to Cuba now and say, well, forget. You know, let's start all over and let's forget. You know -- Chief Martinez: But, Commissioner, are we going to arrest them now? Are we going to fire them now? 238 February 14, 2002 Chairman Regalado; No. But I think -- you know, let me tell you. The Holocaust did exist. Some people say that it didn't. And they're still chasing people who did something wrong. Chief Martinez: To arrest them. Chairman Regalado: To arrest them. And to punish them. Chief Martinez: Correct. Chairman Regalado: And to make them pay for what they did. Commissioner Teele: May I use your analogy, but a different way? Because, see, I'm not big on this idea that this board is going to go out here and start tracking down police officers that did things wrong. I still haven't bought into that. I know that the first time they uncover a juicy one, they're going to have to fight their way through the State's Attorney and the U.S. Attorney, who's going to take it over. I can tell you that right here right now. Republicans in the White House or Democrats in the White House. It doesn't matter. They're not going to let you all have a juicy one. But to use your analogy, we are still trying to track down paintings and we are still trying to track down property and jewelry, and there is -- and why -- I don't see the argument -- I cannot embrace the argument of "why look at it? It happened. Turn the page." Because it happened and it was wrong, the best way to ensure that it doesn't happen again is to evaluate it, come up with a report, an after-action report, say these are the things that happened and let's ensure that they don't happen again. I don't think, Raul, that the problem here is going to be criminal investigations. I think the problem is really going to be whether or not people told the truth or whether or not new evidence is going to come forth because there's a Civilian Panel, and people are afraid of that. That's what I think is going to be the problem. And that is why we want it. We want this panel to vet it and to get it out in the open. We're trying to restore public confidence. And what you're arguing against, what you're nervous about, respectfully, is what it is we're trying to get. We're trying to get the public to understand that there is a Civilian Panel, and you can come forth if there is something that happened that you didn't want to discuss before. And -- but this is not to go out here and get criminal investigations. And if they uncover something, they're not going to be the prosecutor. They're not going to be the people who will investigate it in the end. It's going to be taken over. So, I just don't understand what the concern is. But, you know, it's late and I don't think we ought to reopen this whole thing. I just wanted to know that there were provisions in here that allowed for the board, without a complaint, to be able to investigate. Every board that has this kind of power, from the EEOC (Equal Employment Opportunity Commission) to the Florida Civil Rights Commission or PERC (Public Employees Relations Commission) or any of these other agencies, the board always has the authority, on their own motion, to vote for an investigation within their authority. And the Attorney is saying that that's there, so I assume that it is. Chairman Regalado: So, Commissioner, there's nothing we should do or can do about it. It's clear that they have that power to do that. Look, -- Commissioner Teele: I think we need to bring this to a close, unless there is some -- 239 February 14, 2002 0 Chairman Regalado: We need to close this. I mean, do you have any major issues? Ms. Baker: Yes. Chairman Regalado: Because I tell you what, in the next 15 minutes, we're going to vote. Ms. Baker: OK. So let's look at 11.56, paragraph 2A, we brought this up earlier during the general discussion. We think it needs, in 2A, the addition of striking the phrase "after determination by." If you can find our version, it gives it to you right in front of it. Strike "after determination by." Add "other complaints that may result in the prosecution of a felony after consultation with." Commissioner Teele: What page, Mr. Attorney, is she on? Vice Chairman Winton: Where are you? Ms. Baker: I'm on 11.56. I'm reading from the Coalition's draft, which doesn't have page numbers, but it's 11.56. It's the first, second -- Vice Chairman Winton: Eleven point five six of what? Ms. Baker: Section 11.56, 2A, under review of complaints. I'm --there are other words that we think need to be changed to bring things into line with consistency. But the City Attorney, I think, has assured me we can do that without you guy having to vote on it -- Commissioner Teele: That's on page 9 of our draft. Ms. Baker: All right. So, after -- in 2A, it says "investigation of complaints related to police misconduct" dah, dah, dah "the Civilian Panel may proceed with an investigation." It should read, "of a complaint that may result in the prosecution of a felony after consultation with its independent counsel, who shall be required to consult with appropriate prosecutorial agencies, upon determination." Those are the words we need to add, "upon determination." Chairman Regalado: Well, why is that important to you? Ms. Baker: Right now -- first of all, the draft that you have been given by the City Attorney does not conform to what you voted on on first reading. What you voted on on first reading was "the CIP may proceed with an investigation after consultation with its independent counsel, who shall consult with the appropriate prosecutorial agencies." We want to go back to what you voted on. And our language makes it clear that the determination is made by the CIP. This is what I argued earlier. The determination is made by the CIP. It's the CIP that has to answer in court. The determination isn't made by the independent counsel. What you voted on is that the CIP makes the determination, after consultation with its independent counsel. We're just trying to get that language in. Chairman Regalado: OK. 240 February 14, 2002 • Mr. Vilarello: Mr. Chairman, if I can define the issue for you. The way the language is written, they cannot proceed with an investigation, if their independent counsel doesn't agree that they can proceed. In other words, the independent counsel has a right to advise them, after they consult with the state attorney, that they should not proceed with an investigation. Their suggested language is, now that their independent counsel has consulted with the state attorney, has independently concluded that they should not proceed, they'd like to ignore that advice. Chairman Regalado: Why would they do that? Mr. Vilarello: I can't think of a reason why. It is -- typically, it's consistent -- typically, you listen to your lawyer's advice and you make your decision. Chairman Regalado: So, we have a motion, stay as it is? Do we have a motion? Ms. Baker: May I just clarify? That right now the language that the City Attorney placed before you tonight is not the language you voted on at first reading. You voted on language which said the CIP may proceed with an investigation after consultation with its independent counsel, et cetera. What you did at the first reading was, you said this is an independent CIP. It will make the determination. It will be held accountable. But it must, must consult with its independent counsel. You are now shifting -- Mr. Vilarello: Mr. Chairman. Ms. Baker: -- the determination out of the body to the independent counsel. It might be the -- as well be the independent counsel that the Commissioners approve, because you're giving all the powers to the independent counsel, who's only supposed to be counsel to, not substitute for the decision-making body. Mr. Vilarello: Mr. Chairman, if I might. This language came from a compromise. The burden formally was on the panel to go to court to get relief from the Chiefs disapproval of their ability to go forward with investigation. The compromise inverted the burden. The compromise allows them to proceed and it puts the burden on the State Attorney or the Police Department or other prosecutorial authorities to stop the investigation because it may interfere with a criminal investigation. This language was designed to at least put someone, who has a legal review and after consultation with the State Attorney, the opportunity to do it. There's just one more point. And I apologize, because I'm as tired as you all are. If they proceed under those circumstances, they will be acting within the course and scope of their appointed powers under this ordinance. Under law, they are entitled, if ultimately acquitted -- Chairman Regalado: Mr. City Attorney, I'm sorry to interrupt you. What do you recommend? Do you recommend that we have a motion to leave it as it is in the ordinance? Mr. Vilarello: Yes, that's my recommendation. Chairman Regalado: You do. Do we have a motion? 241 February 14, 2002 Commissioner Gonzdlez: I move so the language stay the way it was -- Chairman Regalado: We have a motion. Do we have a second? We have a motion. Ms. Baker: Can I ask you to divide the motion, because there are two -- Vice Chairman Winton: Second. Commissioner Gonzalez: There is a second. Chairman Regalado: There is a second. Madam City Cleric, call the roll. (COMMENTS MADE DURING ROLL CALL) Chairman Regalado: He voted no. Commissioner Gonzdlez: He voted no. Vice Chairman Winton: I don't get this stuff, yet. I mean, this is a tricky one, and I've read it 400 times and I don't understand what either of thein are saying. And I understand what they're saying -- I don't -- Commissioner Toole: I vote -- let me change my vote. I vote "yes." Vice Chairman Winton: I understand what they're saying, but the wording doesn't hold up -- at least how I read it -- to what either one of them are saying. So, it's tough for me here. Mr. Vilarello: It says, "after determination by its independent counsel." "The Civilian Panel may proceed with an investigation after determination by its independent counsel," and it goes on. The independent counsel determines whether they may proceed. Commissioner Teele: In effect, the issue is simply, Johnny, as far as they're concerned, does the independent counsel work for the board or does the board work for the independent counsel? Ms. Baker: You got it. Commissioner Teele: And the attorneys are going to say, what intelligent board would proceed against the advice of their lawyer. Chairman Regalado: Exactly. Commissioner Toole. And that's is absolutely the right question to ask rhetorically, but to me, it's just a question of procedure. If we're going to give this panel the feeling and the sense that they're independent, we ought to give it to them. But I've got to tell you, it's getting so late and 242 February 14, 2002 these arguments are getting ready to go against anything else. I think, if you all don't have any more major issues, you need to go -- know when to hold -- Chairman Regalado: We need to vote on this and -- in five minutes, we're going to vote. Vice Chairman Winton: No. Chairman Regalado: You vote "no" or you don't want to vote in five minutes? Vice Chairman Winton: I voted "no." Chairman Regalado: So, you voted, "no." Vice Chairman Winton: So, what did I second? Mr. Vilarello: So -- Vice Chairman Winton: Well, I voted "no" -- Mr. Vilarello: Procedurally, you have the Ianguage that you have before you -- Commissioner Teele: It doesn't -- Mr. Vilarello: -- unless you change it. Commissioner Teele: If you vote "no," procedurally, the motion dies for a -- because it's a two/two vote, but it stays like it is. So, we -- Chairman Regalado: OIC. Commissioner Teele: So, it doesn't change. Chairman Regalado: We have time for one more -- Vice Chairman Winton: No. You can make another motion. Ms. Baker: But this isn't --let me just say there are several things that are critical, and we -- Chairman Regalado: Well, I'm sorry. Ms. Baker: But we've -- Chairman Regalado: I am sorry. Ms. Baker: -- tried our best to talk as fast as possible. 243 February 14, 2002 0 Chairman Regalado: I am sorry. And I'm -- Ms. Baker: If -- Chairman Regalado: If you want another chairman, go to the Mayor and tell him to appoint somebody else, because I'm going to take this to a vote in five minutes, whether you like it or not. We have been meeting here for months and months and months, If we don't have a resolution in five minutes, -- if they don't want to vote, fine. They can vote no and we vote down this ordinance. But we're going to vote in five minutes. You've got four minutes to issue -- to address one issue. Commissioner Teele: Mr. Chairman, I would respectfully ask that we take a five minute break and, please -- because we all are tired. I think they need to be given an opportunity to collect their thoughts and agree on the one or two issues -- because, see, you all are treating commas and ands and ares with the same dignity of big issues. And, so, the big stuff could very well get lost here. And I think, Mr. Chairman, so that we're fresh -- Vice Chairman Winton: I second that motion. Commissioner Teele: What we ought to do maybe is just defer this item -- take a five-minute break, defer this item, Mr. Chairman, take up the item that we set for 7 o'clock, and give everybody a chance to sort of go back and caucus on this, and -- because we've -- you know, we want to end this on a positive note. They -- you all have won 85 percent of what you came here for. You only expected to win 50, I'm sure. So, I don't think we ought to wind up getting a little tense about this. And, Mr. Chairman, you're doing a great job, so -- Chairman Regalado: No. Ms. Baker: And if we could -- Chairman Regalado: But I remember that I had -- I once had a friend that, you were OK if you were with him a hundred percent of the time. But when you were with him 99 percent of the time, you were wrong, So, I'm going to be the bad guy here. We're going to take a vote when we come back. You're going to have five minutes. That's it. No more waiting. Ms. Baker: Can we speak to the City Attorney during the break, because we might be able to resolve things? Chairman Regalado: Hey, if he doesn't do anything else, here it is. THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 9:11 P.M. AND RECONVENED AT 9:27 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT, EXCEPT COMMISSIONER SANCHEZ, Chairman Regalado: They have spoken to the City Attorney and we are ready to proceed and finish with the issues. You want to address -- 244 February 14, 2002 Mr. Arrojo: Mr. Chairman, if I may? Chairman Regalado: Yes, sir. Mr. Arrojo: Once again, my name is .lose Arrojo at 8100 Oak Lane, Miami Lakes. I am an attorney representing the Fraternal Order of Police. I just want to make one brief observation and one suggestion to the Commission, if I may, before I sit down for the evening. The observation I have to make is that this debate that's been going on this evening primarily between the representatives -- community representatives that are pushing forward the CIP and the Commission, I would suggest to you that a very similar debate should have been ongoing for the last several months, as the Fraternal Order of Police sat down and negotiated at arm's length with the City in collective bargaining. And I suggested earlier that, by state law, this process or a similar one should have been occurring and it hasn't. And I believe that the City has violated state law by not doing that. But that is my observation. My suggestion is this, if I may. Chairman Regalado: Excuse me. But excuse me. Mr. Arrojo: Yes, sir. Chairman Regalado: Are you saying that the FOP should have met with us to discuss issues that they had related to this panel? Mr. Arrojo: What I am saying is what I said earlier, and that is that the establishment of this panel and the procedures that this panel is going to engage in in reviewing police misconduct and in reviewing allegations of police misconduct go to the chore of the evaluation of police officers and of police discipline. That is a mandatory subject of bargaining. And we had requested that the City engage in bargaining over these matters months ago. It didn't happen. Now, I heard -- you know, I'm not deaf, and I respect what you said earlier, that the Commission is going to vote on this tonight, irrespective of what our opinion is or what our understanding of state law is, and I'm sure that the City Attorney disagrees with my interpretation. That being the case, the only suggestion that I'm making, the only request that I am making, before I sit down this evening, and that is this, the representative for the American Civil Liberties Union said earlier this evening, that she agrees with the police union, and that police officers should be granted some degree of fundamental due process in this -- in the review of allegations of misconduct. I'm going to make one suggestion, if nothing else, gentlemen, that you look at one provision of the ordinance as it is drafted, and it is contained in section 11.5-8, sub 4, and this really goes to the -- Commissioner Teele: Hold on just one minute. Mr. Arrojo: Yes, sir. Commissioner Teele: What page is that in our draft? Mr. Vilarello: Thirteen. 245 February 14, 2002 Mr. Arrojo: Paren 4 reads, "the Civilian Panel may hold evidentiary hearings requiring witnesses in the manner set forth in Section 11.5-5," It currently reads, "Only the witnesses, their attorneys, or representatives and Civilian Panel members may participate in the evidentiary hearings." At a minimum, we're requesting that the Commission include in that clause so that it would read, "only the witnesses, and the subject of the investigation, their attorneys or representatives and Civilian Panel members may participate in the evidentiary hearings." That would at least give the officer, who's been accused of misconduct, to participate in the hearing, to speak to witnesses, to address witnesses, and to be an active participant in a public evidence - gathering hearing, where his or her conduct is being questioned by a public board. Ms. Rodriguez -Tas ef. We agree. Commissioner Teele: So moved, Mr. Chairman. Chairman Regalado: It's a motion. Vice Chairman Winton: Second. Chairman Regalado: It's a second. Madam City Cleric, call the roll. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 02-187 A MOTION TO AMEND PROPOSED ORDINANCE RELATED TO THE CREATION OF THE CIVILIAN INVESTIGATIVE PANEL, ON SECTION 11.5-8(4) BY ADDING THAT THE SUBJECT OF THE INVESTIGATION MAY PARTICIPATE IN EVIDENTIARY HEARINGS. 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 Gonzalcz Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Mr. Arrojo: Good evening, gentlemen. Chairman Regalado: Thank you very much. Two minutes to vote. 246 February 14, 2002 0 Ms. Rodriguez-Tasef: Thank you very much. Section 11.5-6, 3, Timing Of Review. The way this is currently drafted, the CIP has, at most, 60 days to complete an investigation. That is not sufficient time. We propose language that allows the CIP to conclude an investigation within 30 days, if they find that they don't need any further proceedings, and within recurring periods of 60 days, so long as the investigation is still proceeding and is still open. That is what the police get to do. That is what the State Attorney gets to do. That is what everybody that investigates is entitled to do. Sixty days is not enough. Mr. Vilarello: Mr. Chairman, Ms. Baker and I just discussed this issue and agreed not to address it at this time. Ms. Baker: I haven't had a chance to go back and talk to the Coalition. Mr. Vilarello: Well, at this point, it's been repeated. Chairman Regalado: So. Mr. Vilarello: My suggestion is and recommendation is you leave the language as written. Ms. Rodriguez-Tasef: You're in a sense -- you're in essence creating an ineffective panel that has to run in order to come to closure. You're creating a panel that even though it's constrained by the fact that there are some investigations that may not be commenced until the completion of an IA (Internal Affairs) or criminal investigation, still only has 60 days to conduct its investigation. Mr. Vilarello: You can't. Commissioner Teele: Show ane -- what's the language -- what is the language again that you're asking? What page, Mr. Attorney? Ms. Rodriguez-Tasef: Eleven point five dash six, procedures, item 3, Timing of Review. Commissioner Teele: What page? Vice Chairman Winton: It's 10 in ours, and they don't have a page number. Commissioner Teele: And, Alex -- Mr. Attorney, what is it they're asking for? Chairman Regaiado: More time. Mr. Vilarello: They're asking for the ability to extend their period of investigation indefinitely. Ms. Rodriguez-Tasef: Not indefinitely. Thirty days if there is -- if there is nothing further to investigate. And as long as there is an ongoing investigation, there can be additional extensions for up to 60 days. Chief Martinez: Commissioner, if I may out of -- 247 February 14, 2002 Mr. Vilarello: Sixty-day periods. It's misleading. Because what she's telling you is, each time they ask you for an extension of time, it's for another 60 -day period, and another 60 -day period and another 60 -day period. Ms. Rodriguez-Tasef: That's correct. Chainnan Regalado: Mr. City Attorney, what do you recommend in the form -- Mr. Vilarello: I recommend the language remain as written. Chairman Regalado: You recommend the language. Do we have a motion? Commissioner Teel e: I'm just not sure I -- Vice Chairman Winton: I've got to figure it out first. Commissioner Teele: Is this timing of review? Ms. Rodriguez-Tasef: That's exactly right. Timing of the CIP conducting an investigation. That is how this is written. Now, if the City Attorney wants to remove from that and Iimit the amount of time that the CIP has to review an IA report and give a finding, that's fine. Limit that to whatever they want to limit that. However, do not limit CIP investigations to 60 days. Nobody, not the State Attorney, not the Police Chief, conducts investigations in 60 days. Chairman Regalado: Well, that's true. So, Mr. City Attorney, what is the problem in what they're seeking? Mr. Vilarello: This is timing of review, within 30 days of receiving an Internal Affairs report. Commissioner Teele: OIC. That's not -- we're not going to change that? Chairman Regalado: No. She's talking about 60 days, on paragraph B. Vice Chairman Winton: Then there's another 60 already built in. Chairman Regalado: With another 60 days extension, 120 days. That makes sense. Vice Chairman Winton: But they don't want that. Mr. Vilarello: With regards to an Internal Affairs investigation, the Chief is waiting to get comments from -- before he takes action. This investigation can go on with additional 60 days investigation -- because this only starts after the Chief has concluded -- the department has concluded its Internal Affairs investigation. And if the Chief is waiting to do something, after the conclusion of the Internal Affairs investigation, this provision, because he's got to wait for the panel to chime in on the issue, could extend his ability to take action based on his review -- 248 February 14, 2002 • ! Ms. Rodriguez-Tasef: I have no problem with separating it out. You want a certain limit to review Internal Affairs complaints and give the Chief comment? .Limit it to 30 days. However, CTP investigations that are commenced cannot be limited to 60 days. It just can't. Separate it Out. Chairman Regalado: So, what do you want to do? Mr. Vilarello: Mr. Chairman. Chairman Regalado: Yes. Mr, Vilarello: This language has been debated at I don't know how many public hearings at this point. We've gone over and over this language. And, frankly, this language is protective both of the CIP's interest and their ability to investigate, and the Chiefs need to take action once the Internal Affairs investigation concludes. If the language -- if we want to restructure the drafting of this ordinance, I might suggest that we come back and deal with this -- Chairman Regalado: No way. Mr. Vilarello: -- in a different ordinance -- Ms. Rodriguez-Tasef: Absolutely not. Mr. Vilarello: -- and amendment to the ordinance. Ms. Rodriguez-Tasef: Absolutely not. Mr. Vilarello: Otherwise, then my suggestion is that you leave the language as it's written right now in the ordinance. Ms, Rodriguez-Tasef: That is not a good enough suggestion, in light of the fact that -- Mr. Vilarello: Thank you. Thank you, ma'am. Ms. Rodriguez-Tasef: -- what you're doing, in effect, is limiting the CIP. Mr. Vilarello: Mr. Chairman, is there a debate between me and the panel -- and -- Chairman Regalado: No, there is no debate. So, do we have a motion for a final vote on the CIP ordinance? Commissioner Gonzalez: So moved. Chairman Regalado: There is a motion. Do we have a second? 249 February 14, 2002 0 Commissioner Teele: I'll second it for discussion. I just need to know what -- I never heard the language that you're asking for. That's -- you know, I heard the speech, but not the language. Give us the language you're asking for. Ms. Rodriguez-Tasef: The language is as follows: Timing of review. The review process shall be concluded, A, within 30 days of receiving a CIP complaint, if the Civilian Investigative Panel finds that no further proceedings are necessary. And second, we're proposing -- Commissioner Teele: Hold it, hold it. Now, how does that change what's there now? Ms. Rodriguez-Tasef: It changes what's there now because it had some unnecessary language about notification of the independent panel, which the City Attorney has conceded needs to be fixed anyway, regarding -- this language is a relic of when the Police Chief was the gate keeper. The most important point comes in "B" -- Commissioner Teele: OK. Let's just focus in on "B." Ms. Rodriguez-Tasef: OK. Commissioner Tecle; It says now -- Ms. Rodriguez-Tasef: "B" and "C". Commissioner Teele: It says now, within 60 days of receiving either the Internal Affairs report or notification that an independent investigation may commence, if the Civilian Panel determines that further proceedings are needed" Ms. Rodriguez-Tasef: Correct. And the last one says, "the Civilian Investigative Panel may extend" -- Commissioner Teele: So, does this mean that you all have 60 days to begin and end your complaint? Ms. Rodriguez-Tasef: That's correct. Because the last one says "the Civilian Investigative Panel Chairman Regalado: A hundred and twenty days. Anybody wants to move for 120 days .for your investigation, for the CIP investigation? Commissioner Teele: I mean -- I think, honestly, -- and I'm thinking now about Commissioners, not being full-time. If you've got a CIP independent board that is not full-time -- the Chief and his staff are all full-time paid. I don't think it's fair to ask, in government, that somebody begin and end something within 60 days, when, first of all, you can't even begin for 7 days, because you've got a period where you've got to notice a meeting that goes on for 7 days. And assuming Unidentified Speaker: Nine days, 48 hours. 250 February 14, 2002 Commissioner Teele: Is it nine days? Ms. Rodriguez-Tasef: Well, it's seven and the 48 hours. Commissioner Teele: I think the Chairman's offer of 120 days is a fair compromise. I don't know how -- Chairman Regalado; Is in the way of your motion, Commissioner? We have pending so -- if you all agree, just without voting, 120 days? Ms. Rodriguez-Tasef: Sure. Chief Martinez: Commissioner, may we exclude Internal Affairs complaints from that? And I think they have agreed -- Ms. Rodriguez-Tasef: We have no objection. Chief Martinez: -- for a 30 -day period. Ms. Rodriguez-Tasef: We have no objection. Commissioner Teele: Thirty days for Internal Affairs, Chief Martinez: Correct. Ms. Rodriguez-Tasef. "B" would change to 120 days. Chairman Regalado: OK. Change to 120 days. Chief Martinez: And 30 days for Internal Affairs, Commissioner Teele: Thirty days for Internal Affairs, though? Ms. Rodriguez-Tasef: Correct. Chairman Regalado: We are closing the public hearing. Mr. City Attorney, read the ordinance for a vote. This is a final, hopefully, the final vote on the CIP. Commissioner Teele: (INAUDIBLE) agree on this language? Chairman Regalado: He did agree already. Commissioner Tecte: But Alex wasn't even listening. Chairman Regalado: Alex, 120 days. 251 February 14, 2002 i_ Mr. Vilarello: You know, Commissioners, I think that you're being misled or there's a misunderstanding. The Internal Affairs report has to be provided — Chairman Regalado: We're not talking about that. The Chief just said -- Commissioner Toole: Thirty days. Chairman Regalado: -- thirty days for him, for the CII' to conduct an investigation. Sixty days is not enough. We all know that. So, it's 120 days. Mr. Vilarello: For their own investigations? Chairman Regalado: Yes. Mr. Vilarello: Fine, Chairman Regalado: OK. Read the ordinance for a final vote. Chief Martinez: Let me clarify the Internal Affairs report. After 30 days, I can go ahead and take action, as the results of the IA investigation. Chairman Regalado: Whatever. Commissioner Teele: Just so that the record is clear, that's my understanding, Chief, and everybody has agreed to that. So, you know, we need to make sure that we get a transcript here, because the way this thing is going, next week there will be a disagreement on something. Chairman Regalado: Read the ordinance. Commissioner Teele: Mr. Chairman, I would so move. Chairman Regalado: It's been moved and second -- Commissioner Teele: As amended. Chairman Regalado: As amended. Madam City Clerk, call the roll -- Vice Chairman Winton: Second. Chairman Regalado: -- for the final vote. Commissioner Teele: Mr. Chairman, before you call the roll, the Mayor is present, and I would like to inquire if the Mayor has any instructions or requests of the Commission, before we vote. I know that he's been very much involved. 252 February 14, 2002 • i Vice Chairman Winton: And vote -- Commissioner Toole: -- in monitoring us -- Vice Chairman Winton: On this one issue? Commissioner Toole: On the CIP. Vice Chairman Winton: Before we vote on this one issue? Chairman Regalado: How many -- Commissioner Teele: The motion. Chairman Regalado: Mr. Mayor, Mayor Diaz: We're all in trouble tonight. Chairman Regalado: How many hours you need to speak to us about this item before we vote? Mayor Diaz: Mr. Chairman, I think you indicated there's about 30 seconds left. So, I just want to say that I want to congratulate all of you for your hard work and all the community groups that have created this, and provided their input through today. I think we are making history, Commissioner Teele, and I commend all of you for your work. Chairman Regalado: Thank you, sir. Commissioner Gonzalez: Thank you, Mr. Mayor. Chairman Regalado: Roll call, Madam City Clerk. Vice Chairman Winton: So -- wait, wait. I want to just make sure that I know what I'm voting on. I'm voting on now the whole -- Chairman Regalado: Oh, yes. Vice Chairman Winton: -- the whole tamale. Chairman Regalado: The whole enchilada. Vice Chairman Winton: The whole enchilada. Chairman Regalado: Don't worry. They won't be back here. I hope not. Go ahead, Madam City Clerk. (COMMENTS MADE DURING ROLL CALL). 253 February 14, 2002 0 An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION CREATING NEW CHAPTER 11.5 OF THE CODE OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "CIVILIAN COMPLAINT INVESTIGATION AND REVIEW" TO CREATE AND ESTABLISH THE CIVILIAN INVESTIGATIVE PANEL ("CIP") TO SERVE AS INDEPENDENT CITIZENS' OVERSIGHT WITH AUTHORITY TO: CONDUCT INVESTIGATIONS RELATED TO THE ALLEGATIONS OF POLICE MISCONDUCT; REVIEW POLICIES OF THE POLICE DEPARTMENT; FORWARD COMPLAINTS ALLEGING CRIMINAL ACTIVITY TO RELEVANT AGENCIES; BE EMPOWERED TO ISSUE SUBPOENAS FOR POLICE RELATED INVESTIGATIONS AFTER CONSULTATION WITH THE STATE ATTORNEY, PROVIDED THAT NO IMMUNITY BE CONFERRED BY THE CIP; SETTING FORTH THE CIP'S PURPOSE, POWERS AND DUTIES; PROVIDING FOR MEMBERSHIP, NOMINATION OF MEMBERS, TERMS OF OFFICE, VACANCIES, OFFICERS, PARLIAMENTARY AUTHORITY, RULES OF PROCEDURE, MEETINGS, VOTING, QUORUM, ATTENDANCE REQUIREMENTS, PROCEDURES, ADMINISTRATIVE SUPPORT AND COUNSEL; AND MORE PARTICULARLY BY ADDING NEW SECTIONS 11.5-1 THROUGH 11.5-12 TO SAID CODE; DIRECTING THE CITY MANAGER TO PRESENT A REPORT TO THE CITY COMMISSION AS TO THE TOTAL ESTIMATED DOLLAR ALLOCATIONS NECESSARY TO COVER EXPENSES TO BE INCURRED BY THE CIP AND PRESENT SAME TO THE CITY COMMISSION FOR ITS REVIEW AND CONSIDERATION; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was passed on its first reading, by title, at the meeting of January 24, 2002, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Teele, seconded by Vice Chairman Winton, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote.- AYES: ote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12188. The Ordinance was read by title into the public record by the City Attorney, 254 February 14, 2002 E i Vice Chairman Winton: It's been a pleasure spending so much time with you all. Chairman Regalado: OK. (APPLAUSE) Bess Me Elroy: May I -- I want to say to the Commissioners to the Police Department, to the City Attorney's Office, we, the Coalition of Community Organizations want to thank you. We want to thank the community at large. And we look forward to a prosperous board. Thank you. Chairman Regalado: Thank you. Happy Valentine. Commissioner Teele: Mr. Chairman -- Chairman Regalado: Item 13. Commissioner Teele: Mr. Chairman, before you leave the item, I would like to say publicly to the FOP and the FOP President, as well as the Chief, that I really appreciate, Chier, the professional manner that you all have handled your objections. ft's very clear that there were some things that you felt strongly about. I think you gauged correctly the sense that when you felt very, very strong about it, we listened very, very closely to you. And I would hope that this would be view as a work in process. If there is something that is wrong, that we find later, that is very objectionable, I hope that you and the FOP will not hesitate to come back to the Commission and ask us to review it. And I can assure you that if there is a necessity, you'll get a very fair hearing from this Commissioner. And I appreciate the professional manner that you have handled your dissent and your objections, and particularly that of Al Cotera and the FOP and the matter that they've handled their very strong objections. Now, I know that we may not have heard the last of this. They may very well challenge some portion of it. But 1 want to say publicly, that if they do challenge it, it is their right to do so. And I'll continue to work with the FOP and respect them. Thank you, Mr. Chairman. Chairman Regalado: Thank you, sir. 255 February 14, 2002 54. ACCEPT PLAT ENTITLED BRICKELL WEST TWO (SEE #49 AND 51). DIRECT CITY ATTORNEY TO PREPARE LEGISLATION TO REQUIRE PUBLIC NOTICE FOR PUBLIC HEARING ON ANY PROPOSED TRANSACTIONS INVOLVING PUBLICLY OWNED LAND (TRANSFERS, PLATTING, STREET CLOSURES, NAME CHANGES OF PARKS). Chairman Regalado: Thirteen -A. If the proponent wants to come to this side of the aisle. Thirteen -A, Judy and -- it's a resolution accepting the plat entitled `Brickell West Two." It's a public hearing. Anybody who wants to make a comment on that? No one from the public. Do we have a motion? Thirteen -A. Thirteen -A. This is -- (COMMENTS OFF THE RECORD) Chairman Regalado: OK. It's somebody from the public. You want to come here to this side. Let the press deal with the Chief and the Mayor there. Vice Chairman Winton: What (INAUDIBLE) -- did we hear anything from Commissioner Sanchez on this issue? Chairman Regalado: Yes. Commissioner Sanchez sent the message to me saying that he did not want to defer this but that he wanted to give the opportunity to residents to speak out on the item. There is one person who is here -- you -- two persons. You want to -- we need somebody from the administration. This is a plat. Mr. Jackson. Thirteen -A. Go ahead, sir. John Jackson (Director, Public Works): OK. This is the final plat for Brickell West Two. It has met all of the conditions of the subdivision. It's ready for acceptance. Vice Chairman Winton: Just out of curiosity -- because I started on this question on the last replatting and I'm still not sure I get all of this -- but what if we voted "no" on a replat. What is our -- what does that mean? 1 mean, what's the significance of "yes" or "no?" And why would we vote "no" on a -- on -- what are we really doing here? Mr. Jackson: Well, you are accepting the plat so that it can be recorded. And it's a separate parcel of land that's been platted. Vice Chairman Winton: So this doesn't -- this isn't anything like alleyways and right-of-ways and all that kind of stuff where we've had issues come before the Commission, where there may have been an alleyway or a right-of-way or something that we abandoned and made them kind of collapse it into some bigger parcel that you could do something with. I mean, is this the same kind of thing or is this something very different? Mr. Jackson: Yes, Commissioner, it is. Part of the platting process doesn't necessarily have to be, but, in this particular case, it is. There was a road -- a street closure that was passed back in 1999. It's resolution 99-155, which closed -- I think it's -- Vice Chairman Winton: Commissioner Teele. 256 February 14, 2002 L_J Mr. Jackson: Let me just look, the streets that were closed back then. It closed a portion of Southwest 1" Court and part of Southwest 141h Street. So that closure was passed back in February 23"d, 1999. The closure -- Vice Chairman Winton: And we passed that with -- I -- when was that? Mr. Jackson: February 23"d, 1999. Vice Chairman Winton: Oh, I wasn't even around. Mr. Jackson: And the closure was accepted. Now, what's before you today is -- incorporates that closure in a new parcel of land, removing the right-of-way from that parcel. Vice Chairman Winton: So, were there any conditions established -- any conditions to that street closure that were imposed upon this by the City Commission back in early 1999? Mr. Jackson: I don't believe there was any special conditions, that I can see. Vice Chairman Winton: OK. I'm done with this. Chairman Regalado: OK. We have -- this is a public hearing. Pm reminded by the staff that the project for this lot will be coming to the City Commission and to the different boards. You want to clarify that? Yes, your name and address. Judith Burke: My name is Judith Burke, with law offices at 201 South Biscayne Boulevard, in Miami, and I represent the applicant. What we have tonight, as you said, is just a simple acceptance to the plat before it goes off to recordation. The plat was approved in 1999. The road closure was approved by this Commission and it's taken all this time to get all the paperwork together. We've met all the requirements. This has nothing to do with the project. This gives us no rights whatsoever to develop the property. We have filed a Major Use Special Permit application, which has been pending before the Planning Advisory Board. It goes back there February 20"' and it'll be before the Commission in March. At that time, the Commission will decide whether or not they want us to develop the property. If they like the project, it'll be your decision at that time. This is a simple ministerial recording of a plat that's been in process for over three years. Chairman Regalado: OK. Ms. Burke: And I would like to have time for rebuttal after -- Chairman Regalado: Absolutely, Ms. Burke: -- our neighbors speak. Chairman Regalado: Having said that, it's important to put it on the record. Yes, ma'am. 257 February 14, 2002 Linda Koenigsberg: Thank you. My name is Linda Koenigsberg. I live at 144 Southwest 19`x' Road, in Miami. I'm a neighbor in this area. I'm also the president of the Miami Roads Neighborhood Civic Association and I've appeared before this board and other boards many times. This is of major concern to us in our neighborhood. Number one, I would request that this issue be denied or deferred. The reason being that we had no notice of this. Yes, I'm here. I was here only because of a rumor that was circulating that there was something having to do with a road closure and this development, which we have been fighting and opposing before the Building and Zoning and before the PAB (Planning Advisory Board), and we'll be in front of you at some time in the future. It has to do, as far as we're concerned, directly with that project. Yet -- and we have been on record with the City of Miami, yet we did not get notice of tonight's hearing. We only got, like I said, a whiff of something going on and I had to call many people on staff and staff helped me find other people, who found other people, who finally told me, "There's something pending. It's Number 13-A. You should appear if you're concerned." Well, yes, I'm concerned. If I read this, I have no idea. It's kind of like looking at a ballot that you're voting for at election time and go, "Huh? What does this mean?" I think it means that you're trying to confirm a road closure that I don't recall us getting notice of back in 1999 either. It was also before -- this Commission voted to expand the notice provision for issue, such as this, to 500 feet so more people would know about it other than just the squirrels and raccoons in Simpson Park, which is basically who got -- probably got notice of this. So I believe our due process has been denied. The only individual here with us tonight to argue this is Collin Veter who will come to the podium, and he didn't get notice of it either, except through me. So I think due process is lacking. Should -- if what Judy Burke says is true, if this has nothing to do with the project and it's very easy and simple, I would say it's inconsequential then and shouldn't be voted -- shouldn't be granted by you and should be denied. I fear that -- my organization and 1, essentially, know nothing about this. We haven't had time to research it. We haven't had time to go down to the City and look over the papers. It was apparently a road closure. A road closure would allow a bigger footprint of any development. If not this development, something else. It scares me. It scares me that things are presented to the Commission piecemeal. And I want to go back to when -- I'm not going to belabor the development because that will come before you at another time. But we first met with -- Chainnan Regalado: Excuse me. We have to have time for rebuttal. And the Commissioner from the area is not here, but he has requested that we do take a vote on this item. Ms. Koenigsberg: OK. Chairman Regalado: However, you will have plenty of time on the public hearing for the project when they do come. Ms. Koenigsberg: It scares me that it's being presented piecemeal; whereas, other developments who wanted road closures and alley closures present at the same time so we knew what was going on. I don't know what this is all about. All I know is -- Chairman Regalado: We -- excuse me. I sent you -- I responded to your cmail -- 258 February 14, 2002 0 Ms. Koenigsberg: Yes, sir. Chairman Regalado: -- and I told you that, you know, after 7 o'clock was fine and we did that -- Ms, Koenigsberg: Thank you. Chairman Regalado: -- although they wanted to leave early. But we have another item here -- Item 13 is another plat. What they do in Public Works is that they just place on the agenda several plats, when the Plat Committee approves them, and we have several here. So the Brickell West, plus the Banyan Bay Apartments replat, it's on the agenda. So it's not piecemeal. I mean, you know -- Ms. Koenigsberg: Well, it's piecemeal when you're talking about a developer wanting to develop a certain large footprint and asking for one road closure, then a little bit more road closure, then an alleyway closure, then an approval for all of that. I don't think it should be piecemeal. We've been protesting this for quite some time. We would object to your approval of it -- Vice Chairman Winton: Excuse me. Ms. Koenigsberg: -- on the basis -- Vice Chairman Winton: Let me answer that question. That's the procedure. It's always the procedure. So this isn't out of procedure. There was a street closing. Then they had to replat. That's the way it works. They cannot be done at the same time. They're not done simultaneously. They're done at separate times. So it is a step process. So just so you understand, so you don't keep going there. Ms. Koenigsberg: I thank you for that. I thank you for that. Vice Chairman Winton: There is a process. It is the right process. Ms. Koenigsberg: And what about due process of that process? Vice Chairman Winton: I'm just answering -- Ms. Koenigsberg: Thank you. Vice Chairman Winton: -- the question about -- Chairman Regalado: OK. Vice Chairman Winton: -- whether or not it's bifurcated, and it is. Ms. Koenigsberg: OK, 259 February 14, 2002 0 • Chairman Regalado: The question is whether notice was given. So we need -- Ms. Burke: I have the copies of the notices -- Chairman Regalado: OIC. Ms. Burke: -- if you would like to see them. Chairman Regalado: You want to go -- and show it to the attorney. Mr. Attorney, is this -- Joel, is this basically -- Ms. Burke: This was faxed to me by the City today. This is the notice of the road closure. It went to all neighbors within 375 feet of the project. As you can see, there is about 40 names there, so they're not just squirrels and raccoons. People had notice. They had an opportunity to appear before this Commission. This Commission passed this road closure -- just one road closure -- three years ago. Mr. Taylor has spent millions of dollars on this project since the road was closed. This is not a --this is just sending the plat to be recorded. It's nothing to do with the project. Vice Chairman Winton: Mr. Chairman. Chairman Regalado: Yes, sir. Vice Chairman Winton: May I potentially help short circuit this a bit? Chainnan Regalado: Yes, sir. Vice Chairman Winton: Normally, I could listen to everybody and I'm very -- Chairman Regalado: I would love -- I would love to hear you do that. Vice Chairman Winton: The issue here is -- and this gets to the heart of an issue that Commissioner Teele and I have had some serious discussion about. This happened before -- certainly before I was here and it happened during a different era, but it is in the impact of street closures and that's what the argument is. However -- and the argument's a valid argument. It's something -- that's why we have to pay careful attention to street closures from this point on. However, that said, this was done three years ago. If this gets deferred and no decisions made, then -- and because the Commission voted three years ago to approve this street closure, that developer did move forward and spend millions of dollars because the Commission sent the signal you can move forward. And doing the replatting is simply a perfunctory thing that always happens, has always happened. And if we don't do this tonight, then they'd have to start over. That means you've got to start over to go way back to round one and repetition for a street closure, start that whole process over. I'm not going to -- even though there are probably some parts of this development that are troublesome to me, we get a bite at that apple later. And so, the whole issue -- whatever the neighbors' complaints are about the project itself, those 260 February 14, 2002 0 • complaints are going to be dealt with in -- probably in the Planning Committee -- Planning and Zoning or just Planning? Chairman Regalado: In the Planning. Joel Maxwell (Deputy City Attorney): The whole process, Major Use Special Permit process. Vice Chairman Winton: This is a MUSP (Major Use Special Permit), so it's got to go through all the MUSP processes -- Chairman Regalado: And -- Vice Chairman Winton: -- and comes before us yet. So -- Chairman Regalado: And, Commissioner, and in fairness to the arca Commissioner, he will have to take the lead in analyzing the project when it comes to the City Commissioner and I'm sure that he will. Vice Chairman Winton: But my point is this, that we get additional bites at this apple so, therefore, my view is that the developer did move forward in good faith based on an action that we tools a long time ago. And I think, from my view, we've got to approve this plat and deal with the issue of the development at a subsequent time. It would be totally unfair to the developer -- unless somebody could prove that it was improperly noticed a long time ago, which is a different issue -- but it would be totally unfair to the developer, at this juncture, to deny the replatting. Chairman Regalado: Do we have a motion? Vice Chairman Winton: So moved. Mr. Maxwell: Mr. Chairman, can I have Mr. Jackson put something on the record? Chairman Regalado: Yes, sir. Mr. Jackson: Yes. I'd like to put on the record that they had satisfied all the requirements for this plat. So it's ready to be accepted. Commissioner Gonzalez: Do we have a motion? Vice Chairman Winton: Yes. I moved that. Commissioner Gonzalez: Second. Chairman Regalado: It's been moved and second. The public hearing is closed. All in favor say "aye." 261 February 14, 2002 ! 0 The Commission (Collectively): Aye. Chairman Regalado: It passes. The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-188 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, ACCEPTING THE PLAT ENTITLED BRICKELL WEST TWO, A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE SAID PLAT; AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzdlez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: I've not participated in this debate -- discussion. But I want to go back to something that I thought we had agreed on. And, Mr. Attorney, I'm going to ask you to research this. I am uncomfortable doing anything related to land transactions involving the City of Miami without it being publicly noticed on our agenda for a public hearing. Now that's separate from what they're debating and the issue here. And it doesn't relate to this proposal. But I firmly believe that anytime we're going to do something with land -- and this goes all the way back to this project involving the waterfront property in the Grove and there was such a bitter issue. You remember it? And I asked after that, if we're going to change the name of a building, if we're going to convey land, if we're going to plat land, if we're going to do anything with City -owned land, we have an obligation to let the public know. We need to be very transparent about that. 262 February 14, 2002 • Because I have no doubt that the developer is doing everything right. But I also have no doubt that people are going to leave here tonight feeling like the City Commission just did it again, without letting them know. And I just think we have -- as stewards of publicly owned land -- and we are trustees. We're stewards. This isn't our personal land. This belongs to the people. We have an obligation to let the public know when we're doing anything with land. And I have no -- I just don't see what the harm is in requiring, as an ordinance, Mr. Attorney, any transfer or any platting, any street closures, any name changes of parks and, you know, those things that involve -- because this is not us -- we're not here acting as Commissioners. We're here acting as stewards and trustees of the land and the public just needs to have a right to know because it's their land. And I think we just keep getting back into this issue again and again because we're not - we need to change the rules is what I'm saying. And so, I -- Vice Chairman Winton: I agree. You make a motion, if there's not already one there, and we'll Commissioner Teele: I would move that the City Attorney be instructed to draft an ordinance that requires a public notice on the Commission agenda on such land transactions, transfers, name changes, et cetera, that have been described, platting of publicly owned land -- now, publicly owned land -- as it relates to publicly owned land and that the ordinance be returned to this Commission within 30 days. Chairman Regalado: There is a motion. Vice Chairman Winton: Second. Chairman Regalado: And a second. All in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO, 02-189 A MOTION DIRECTING THE CITY ATTORNEY TO PREPARE LEGISLATION TO REQUIRE PUBLIC NOTICE FOR PUBLIC HEARING ON ANY PROPOSED TRANSACTIONS INVOLVING PUBLICLY OWNED LAND (TRANSFERS, PLATTING, STREET CLOSURES, NAME CHANGES OF PARKS). 263 February 14, 2002 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 Gonzdlcz Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Chairman Regalado: Item 13, another plat, Banyan Bay -- Ms, Koenigsberg: Is it Mr. Regalado? Can I just -- Chairman Regalado: Yes, sir. Yes, ma'am. Ms, Koenigsberg: This has nothing to do with this. It's just in general. Can I also suggest that, either now or at some future time, you make a recommendation to City staff that if any association -- neighborhood association appears with regard to a particular issue, that they be specifically notified? We do everything in our power to tell NET (Neighborhood Enhancement Team) that we need notification and to tell the City -- Chairman Regalado: Yes. Ms. Koenigsberg: -- and sometimes it gets lost in translation. Chairman Regalado: Yes, you're right. Yes. Ms. Koenigsberg: Yes. Chairman Regalado: Absolutely. Absolutely. 264 February 14, 2002 • 55. SECOND READING ORDINANCE: AMEND SECTION 6-45 OF CITY CODE ENTITLED "DOGS," TO REQUIRE OWNER OR RESPONSIBLE PARTY TO IMMEDIATELY REMOVE AND PROPERLY DISPOSE OF FECAL MATTER WHEN THEIR DOG(S) DEFECATE ON PUBLIC AND PRIVATE PROPERTY; PROVIDE FOR CIVIL PENALTY FOR VIOLATIONS) AND ENFORCEMENT. Chairman Regalado: Item 13. Joel Maxwell (Deputy City Attorney): That was done. Carlos Gimenez (City Manager): It was already passed, sir. Vice Chairman Winton: We did it. Chairman Regalado: No, we didn't. No, no. We haven't done it. Sylvia Scheider (Acting City Clerk): Yeah, it passed. Vice Chairman Winton: Trust me, we did it. Mr. Gimenez: Yes. When you left, I think they did. Chairman Regalado: Oh. Mr. Gimenez: It passed. Chairman Regalado: Oh, OK. Commissioner Teele: We've done everything on this agenda, except the blue pages. Chairman Regalado: OK. Let's go back. District 2, Vice Chairman Winton. You have Items "A" and `B" and "D". "C" and "E" were deferred or pulled from your agenda, Johnny. So you have second reading -- second reading -- Vice Chairman Winton: On pooper scooper, so moved. Commissioner Teele: Second. Chairman Regalado: It's -- there's a motion and a second. This is a public hearing. Nobody from the public has expressed the will to come forward. So, Mr. City Attorney, read the ordinance. This is a second reading. Roll call. 265 February 14, 2002 0 i 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 passed on its first reading, by title, at the meeting of January 10, 2002, 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 Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12189 The ordinance was read by title into the public record by the City Attorney. 266 February 14, 2002 L 56. SECOND READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND ENTITLED "DUPONT PLAZA PROJECT METROMOVER REALIGNMENT IN DOWNTOWN MIAMI (FY 2001-02)" AND APPROPRIATE $480,000, CONSISTING OF GRANT FROM FLORIDA DEPARTMENT OF TRANSPORTATION FOR OPERATION OF TRANSPORTATION OUTREACH PROGRAM. Vice Chairman Winton: And "B" is a second ordinance reading. So moved. Commissioner Gonzalez: Second. Chairman Regalado: It's motion and a second. Public hearing is opened. Public hearing is closed. No one from the public has come forward. Mr. City Attorney, read the ordinance. Roll call. 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 TIIE PROGRAM; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was passed on its first reading, by title, at the meeting of January 10, 2002, 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 Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12190 The ordinance was read by title into the public record by the Assistant City Attorney. 267 February 14, 2002 • 0 57, APPROVE PLACEMENT OF BANNERS ON LIGHT POLES LOCATED WITHIN CITY BY FLORIDA INTERNATIONAL UNIVERSITY (FIU) TO PROMOTE SOUTH BEACH WINE AND FOOD FESTIVAL TO BE HELD FROM MARCH 15 TO 17, 2002. Vice Chairman Winton: My last one in this grouping is a banner request to FIU (Florida International University) South Beach Wine Festival. So moved. Chairman Regalado: Second. Is there a second? Commissioner TeeIe: Second. Chairman Regalado: All in favor say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following motion was introduced by Vice Chairman Winton, who moved for its adoption: MOTION NO, 02-190 A MOTION APPROVING THE PLACEMENT OF BANNERS ON LIGHT POLES LOCATED WITHIN THE CITY OF MIAMI BY FLORIDA INTERNATIONAL UNIVERSITY (FIU) TO PROMOTE THE SOUTH BEACH WINE AND FOOD FESTIVAL TO BE HELD FROM MARCH 15 TO 17, 2002. Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote: AYES: Chainnan Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzdlez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 268 February 14, 2002 0 0 58. AUTHORIZE MANAGER TO ACCEPT GRANT FROM GREAT RESISTANCE EDUCATION AND TRAINING PROGRAM TO EDUCATE TODAY'S YOUTH ABOUT DANGERS ASSOCIATED WITH BEING GANG MEMBER AND PARTICIPATING IN RANDOM ACTS OF VIOLENCE. Vice Chairman Winton: Are we going to do -- Chairman Regalado: Item -- Vice Chairman Winton; Are we going to do pocket items after we do our blue sheets? Chairman Regalado: Yes, sir. Vice Chairman Winton: OK. Chairman Regalado: Yes, sir. Commissioner Sanchez has an item that he wanted to bring to the board -- City Commission. He wants to consider accepting the grant monies from the Great Resistance Education and Training Program. It's, again, prevention program designed to educate today's -- Vice Chairman Winton: But it's accepting a grant, right? Chairman Regalado: Yes. Vice Chairman Winton: So moved. Commissioner Teele: Second. Chairman Regalado: It's been moved and a second. All in favor say "aye." The Commission (Collectively); Aye. The following motion was introduced by Vice Chairman Winton, who moved for its adoption: MOTION NO. 02-191 A MOTION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT FROM THE GREAT RESISTANCE EDUCATION AND TRAINING PROGRAM TO EDUCATE TODAY'S YOUTH ABOUT DANGERS ASSOCIATED WITH BEING A GANG MEMBER AND PARTICIPATING IN RANDOM ACTS OF VIOLENCE. 269 February 14, 2002 E 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 Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 270 February 14, 2002 0 0 59. FIRST READING ORDINANCE: AMEND CHAPTER OF CITY CODE ENTITLED "ADMINISTRATION, BOARDS, COMMITTEES, COMMISSIONS," TO: (1) RENAME DIVISION 10, ENTITLED "CULTURAL AND FINE ARTS BOARD" TO CITY OF MIAMI CULTURAL, FINE ARTS AND ENTERTAINMENT COUNCIL ("COUNCIL); (2) REPEAL SECTIONS 2-1140 THROUGH 2-1143; (3) SUBSTITUTE NEW SECTIONS 2-1140 THROUGH 2-1143. Chairman Regalado: I have an item that needs to -- it's a first reading ordinance. And what this does is to modify the Cultural Board at -- You know, you have this idea of entertainment district. So this board -- by expanding to a Cultural and Entertainment Council, I am -- I assure you that it's going to be doing a lot of good for the City. So, I have this ordinance just modifying what you all approved two years ago. So, if I get a motion -- Commissioner Teele: I'll so move it, Mr. Chairman. Vice Chairman Winton: Second. Chairman Regalado: It's been moved and seconded. Madam City Attorney, could you read it, please? Just for the record, this is -- the name of this board now or after the second reading will be City of Miami Arts and Entertainment Council. And, Madam City Clerk, tail the roll. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XII OF THE CODE OF THE CITY OF MIAMI FLORIDA, AS AMENDED, ENTITLED: "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSION" TO (1) RENAME DIVISION 10 ENTITLED: "CULTURAL AND FINANCE BOARD" TO THE CITY OF MIAMI CULTURAL, FINE ARTS AND ENTERTAINMENT COUNSEL, (2) TO REPEAL SECTIONS 2-1140 THROUGH 2-1143 IN THEIR ENTIRETY AND, (3) AND SUBSTITUTE, IN LIEU THEREOF, NEW SECTIONS 2-1140 THROUGH 2-1143 TO CREATE, ESTABLISH AND SET FORTH THE COUNSEL'S PURPOSE, POWERS, AND DUTIES, PROVIDE FOR THE MEMBERSHIP AND APPOINTMENTS, QUALIFICATIONS, OFFICERS AND TERMS OF OFFICE, VACANCIES, QUORUM AND VOTING, ATTENDANCE REQUIREMENTS, PARLIAMENTARY AUTHORITY RULES AND PROCEDURE, MINUTES, ASSIGNMENTS OF STAFF, LEGAL COUNSEL, NOTICES AND FILING OF RECORDS; AND TO PROVIDE FOR A SUNSET REVIEW OF THE COUNSEL BY AMENDING SECTION 2.892 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 271 February 14, 2002 0 was introduced by Commissioner Teele, seconded by Vice Chairman Winton, 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 Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 272 February 14, 2002 60. REQUEST MANAGER TO PROVIDE TO COMMISSION WITHIN 60 DAYS, IN CONJUNCTION WITH INDEPENDENT FINANCIAL ADVISOR, PRESENTATION ON THREE OR MORE OPTIONS REGARDING DRAW DOWN OF $250,000,000 BOND. Chairman Regalado: The blue pages from District 5, Commissioner Arthur Teele. Commissioner Teele: Mr. Chairman, I'd like to start with Number "F" -- Chairman Regalado: OK. Commissioner Teale: -- because 1 think that's the most important one. Is Mr. Nachlinger here or -- Mr. Manager? Carlos Gimenez (City Manager): Yes, sir, he is. Commissioner Teele: This is a request that I'm moving to the City Manager to provide the Commission, within 60 days, in conjunction with the independ -- with an independent' financial advisor, a presentation on three or more options regarding the draw down of the two hundred and fifty-five million dollar ($255,000,000) bond issue. Just so that everyone knows what I'm suggesting, is that through a series of processes, the Commission has agreed on the 255. We agreed that we were going to be constrained by not increasing taxes. And so, all of that was contained in the language. Beyond that, we've not really had much discussion. There was one discussion, I think, that the Manager generated. And it's very clear to me that we need to look at a more aggressive approach. And I respect very much Mr. Nachlinger, but I would also note that Mr. Nachlinger takes a very conservative approach to bond financing, which is why we need him and which is why Wall Street, I think, may be willing to help us with our bond ratings, perhaps. But I think we need -- with all due respect, Mr. Manager -- a public discussion and a debate with Mr. Nachlinger and your positions and financial advisors, and let's look at a series of more than one option. The twenty million dollar ($20,000,000) or twenty-fivc million dollar ($25,000,000) a year, every two years, ain't going to get it, folks. So -- and we'll wind up having a circle and having a shootout among ourselves. Vice Chairman Winton: If it's a circle, we'd kill each other. Commissioner Teele: Well, that's the point. Vice Chairman Winton: We're all dead. Commissioner Teele: That's the point. We're going to have a circle and have a shootout. Vice Chairman Winton: Public might like it. Commissioner Teele: The public may enjoy it. But the fact of the matter is, is that I don't have any preconceived notions, Bob. I don't have a recommendation, I just think if we look at all of the options that we have, we may be able to come up with more than the one option that we have been presented on, which we agreed on. When we voted to do the bond issue, we voted and 273 February 14, 2002 0 . approved the one option that was there. Now that we've got it, we're constrained by the fact that we cannot go higher on the GO. But there may be some other options that we may be able to use if we look at our total budget. And I'm hopeful that, in working with the entire Budget and Finance team and with the financial advisor, you can take some time and come back to us. I just think it really is something that we ought to do. And maybe we'll stay with this option. Vice Chairman Winton: But at least we'll know. Commissioner Teele: But at least we'll know. And I just think we should be afforded that. And I don't mean at all to suggest that I'm unhappy with the recommendations or what we're doing. I just think we ought to take another look at this, Mr. Manager. Mr. Gimenez; Commissioner, if I may. In all fairness to Bob, the real conservative guy here is probably me. And I'll be happy to bring you back different options with the pluses and the minuses and then you make a policy decision on it. Commissioner Teele: All right. So -- I would so move. And if you need more time, then just let us know. But you see what I'm saying and I -- Mr. Gimenez: Yes, sir. And I know Bob has been working on different scenarios and all that and it was just -- you know, like I said, I'm the real conservative one here and I know that there - - we may need to, you know, put out a little bit more or somewhat a lot more larger amount more initially so that we can get a lot of things done right off the bat. We'll come back with those different scenarios and tell you what the risks involved with each one and then you make the policy decision and we'll follow, you know, your advice. Vice Chairman Winton: Second the motion. Chairman Regalado: So you were the one that did my district? Mr. Gimenez: No, no. I'm not going to take the blame for that. And -- Chairman Regalado: Who did that? Mr. Gimenez: No. That was a -- actually, the amount stated on all that were not quite accurate. We didn't present it in the proper fashion to you. And -- Chairman Regalado: And it wasn't reported by the press as it should have. Mr. Gimenez: Probably not as accurate as it should have been. Chairman Regalado: Oh, yeah. Blame the press. OK. Commissioner Teele: But, Mr. Chairman, the important thing, I think, is that we're going to try to look at this creatively and constructively and address all of the districts. Because I think there are -- look, there are certain things that are in this bond issue that are going to skew it. I mean, 274 February 14, 2002 • 0 you know, and -- you know, you can't have a downtown in all five districts. You know, you can't have certain infrastructure in all five districts. And so, there -- the big numbers are going to distort it and we've got to figure out a better way to approach it, I think, And I would just call the question. Sylvia Scheider (Acting City Clerk): Commissioner. Vice Chairman Winton; We have a motion and a second. Any further discussion? Being none, all in favor say "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign opposed. The motion carries. The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 02-192 A MOTION REQUESTING THE CITY MANAGER TO PROVIDE TO THE COMMISSION WITHIN 60 DAYS, IN CONJUNCTION WITH THE INDEPENDENT FINANCIAL ADVISOR, A PRESENTATION ON THREE OR MORE OPTIONS REGARDING THE DRAW DOWN OF THE $250,000,000 BOND. 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 Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 275 February 14, 2002 61. WITHDRAW DISCUSSION REGARDING APPROACH TO "MANAGEMENT" AND "STRATEGIC PLANNING" FUNCTIONS OF CITY AS RELATES TO CAPITAL IMPROVEMENTS PROJECTS AND PLANNING FOR OTHER MAJOR ISSUES AND PROJECTS AND BRIEF COMMENTS ON SAID ISSUES. Commissioner Teele: Mr. Chairman, I'm withdrawing "G" with the note that I received a press release from the Mayor's office that indicated that he had made a decision with the Manager that Ms. Haskins, our Budget Director, will be going to the Mayor's office. And so, I won't at all attempt to deal with this but I think there are some major issues that are here, Water and Sewer impact fees among others, issues relating to Bicentennial Park, interlocal agreements with the Omni and public library and others, that we really do need to have a strategic approach. And I discussed this with the Mayor. I think the Mayor's office has indicated a willingness to begin the process, hopefully, in conjunction with Ms. Haskins and the Manager, in terms of how we're going to take some of these really big ticket items that we continue to get run over by the gnats and the ants issues, not to say that a million dollar ($1,000,000) problem is in that gnat or an ant. But, I mean, we've got hundred million dollar ($100,000,000) problems out here that we've really got to get our hand around. So, the Mayor has expressed a very strong sense that his office would like to very much be involved in the strategic approach -- strategic planning approach. Commissioner Winton, I would note gratuitously that most of these issues disproportionately affect your district. Vice Chairman Winton: But it's but you've said it clearly early on. I mean, there's only one downtown and lots of stuff happens in that downtown. Commissioner Teele: And we've got some serious issues. In this regard -- and I don't have it on the agenda tonight, although we talk about the Bicentennial Park -- Mr. Manager, I would really hope that we would instruct or you would begin a process to look at the Bicentennial with a different look. In other words, we've had this position for the last 40 years in this City, that we're not going to look or dig or touch and -- because we don't know what the environmental issues are. I think that approach may have been good over the past years, but we're not going to ever be able to qualify and get us into the brownfield application process or go to Washington or Tallahassee if we don't really begin an aggressive process. And so, I think the time has come now that we've got to look at Bicentennial totally with a view toward doing an analysis and trying to figure out what it is it's going to take. And it may be 10 years away but it's going to -- if it's a big problem there, it's going to take us five or six years to solve it. So, I mean, that's a part of what we're looking at. 276 February 14, 2002 62. MANAGER TO INSTRUCT INTERNAL AUDITOR TO PROVIDE WRITTEN REPORT AND UPDATED SURVEY ON ABANDONED RIGHT-OF-WAY LOCATED BETWEEN NW 101.1 STREET AND NW 11111 STREET FROM BISCAYNE BOULEVARD TO NW 2ND AVENUE, AND PROVIDE DETAIL REPORT OF ANY SALES OR TRANSFER OF SAID RIGHT-OF-WAY SPECIFICALLY LAND BETWEEN NE 2ND AVENUE AND BISCAYNE BOULEVARD. Commissioner Teele: Mr. Chairman, if you will. Going back to Number A, I would -- Vice Chairman Winton: Which one? Commissioner Teele: "A" we discussed this morning. I would move the resolution instructing the City Manager to instruct the internal auditor, with the support from the Asset Management, Law, and Public Works, to provide a written report and update -- updated survey on the abandoned -- and it's not abandoned. It's the fora -ter railroad right-of-way located between Northwest 10t1i -- that's Northeast 10`h Street and Northeast 11`h St, from Biscayne Boulevard to Northwest 2 n Avenue. And further to provide a detailed report of any sales or transfers of said abandoned railroad right-of-way, including specifically the parcel of land between Northeast 2`1 Avenue and Biscayne Boulevard. I would so move for purpose of discussion. Vice Chairman Winton: Second. Chairman Regalado: There is a motion and a second. Commissioner Teele: Mr. Chairman and Commissioner Winton, we call this the Grand Promenade in our planning studies. And the Grand Promenade was that old railroad right-of- way that led right into the Bicentennial. Three or four things have happened. Number one, once this item got put on the agenda, I had about five different departments to call me. Apparently, there are all kinds of -- what's the proper term, Mr. Public Works Director, when people build into your right-of-way or on you -- all sorts of encroachments, even new encroachments. I don't understand, Frank Rollason, Mr. Manager, how NET (Neighborhood Enhancement Team) allows for encroachments to get on something so public and so noticeable and so visible. I don't understand it. And I would hate to think -- and I'm going to put this on the record -- that because on a Friday night and a Saturday night, people are being paid -- people are paying twenty and twenty-five dollars ($25) to park back there, that somebody's looking the other way. But there's a lot of cash money being exchanged back there on these lands because this is right around the old arena -- I mean, the new arena now. It's near Club Space. It's near this hot area and I just -- it defies logic that these kind. of open and notorious encroachments could occur. Even worse, between Northeast 2"d Avenue and Biscayne Boulevard, which is one block, the pictures show that there used to be a railroad right-of-way there. I don't know if it's eroded -- if the vacant land is eroded or if it's been deemed up. But now, all of a sudden, it's not there. Maybe it was sold. Maybe somebody sold it. But I can tell you right now that the railroad right-of-way that used to go onto Bicentennial Park that stopped at Biscayne, for one block it's missing. So I'm not malting any allegations. I'm simply asking for a report that we go in and survey it. If there's a cost, it's within the redevelopment area. I'm sure that the redevelopment authority would accept a request or bill for whatever it is. We're planning it. We've got Dover Kohl, the 277 February 14, 2002 PJ 0 planning people, trying to plan how we're going to integrate the Grand Promenade into the Biscayne Boulevard and all that. And all of a sudden, a block of land is missing. Now it may have been sold legally and properly. Asset Management may have some records but nobody can understand what happened to the land. Commissioner Gonzdlez: Disappeared. Commissioner Teele: It's not there now. So -- Vice Chairman Winton: That's more than a twenty dollar ($20) change there. Commissioner Teele: So -- and that land on Biscayne Boulevard, by the way, is selling well over a hundred dollars ($100) a square foot today. So we need to just find out without making allegations. This is a request for a survey to do the records research. The Law Department, Asset Management, let's try to figure it out. And I would just ask that Commissioner Winton, as the Commissioner of the district, be kept informed and that the CRA (Community Redevelopment Agency) be asked to pay all the bills. I would so move, Mr. Chairman. Vice Chairman Winton: Second. Chairman Regalado: There is a motion and a second. All in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 02-193 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO INSTRUCT THE INTERNAL AUDITOR, WITH SUPPORT FROM THE CITY ATTORNEY AND THE DEPARTMENTS OF ASSET MANAGEMENT AND PUBLIC WORKS, TO PROVIDE A WRITTEN REPORT AND AN UPDATED SURVEY OF THE ABANDONED RIGHT-OF- WAY LOCATED BETWEEN NORTHEAST 10"u AND It"" STREETS, FROM BISCAYNE BOULEVARD TO NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, AND PROVIDE A DETAILED REPORT OF ANY SALES OR TRANSFERS OF SAID RIGHT-OF-WAY, AND A DETAILED REPORT AS TO SALES, TRANSFERS, DEDICATIONS OR LEASES OF THE SMALLER INCLUDED PARCEL OF LAND LOCATED BETWEEN NORTHEAST 2ND AVENUE AND BISCAYNE BOULEVARD, MIAMI, FLORIDA. 278 February 14, 2002 0 Pi (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 Arthur E. Tecle, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Commissioner Tecle: Frank, are you aware of these encroachments that have been recently discovered? Frank Rollason: Frank Rollason, Assistant City Manager. I'm aware of the latest one that's come up in discussion, which is an exit coming out the back, with a wheelchair entrance to get into the place that's down across -- Commissioner Tecle: I'm talking about the concrete that was being poured last week. Mr. Rollason: No, I'm not aware of that -- Vice Chairman Winton: And our NET office wasn't either? Mr. Rollason: -- that that's taken place. Well, I mean, what I'm saying to you is that if they haven't pulled a per-unit -- if somebody hasn't caught it to go by to look at it, somebody hasn't caught it. You know, we'll get out there and take a look at it. Commissioner Teele: I think the Police Department also needs to review some of their procedures on this off-duty stuff because, you know, there's a lot going on back there at night and some of the enforcement that's going on -- this police enforcement of parking spaces that, candidly, are public right-of-way for people to collect. So, you know, it happens -- Mr. Rollason: Yes, sir. Commissioner Tecle: -- and we just need to review it. The Manager has requested that Item Number C be deferred. And without discussing it, I think they just would like the opportunity to review this more closely. And Item D is deferred -- has been taken up. 279 February 14, 2002 • 63. MANAGER CONSIDER REQUEST OF CRA BOARD AS RELATES TO RESOLUTION SEOPWICRA R-02-11 WHICH REQUESTS THAT CITY AND MIAMI-DADE COUNTY GRANT CRA LIMITED AMENDMENT TO INTERLOCAL COOPERATIVE AGREEMENT AND AUTHORIZE CRA TO ACQUIRE 23 VACANT PARCELS OF LAND AND ANY OTHER PARCEL OF LAND THROUGH EMINENT DOMAIN PROCEEDINGS, FOR MUNICIPAL PURPOSES. Commissioner Toole: And Item Number E is a resolution requesting that the City Manager consider the request of the CRA (Community Redevelopment Agency) Board as it relates to Resolution R-2-11, which requests that the City of Miami and Miami -Dade grant the CRA limited amendment to the interlocal agreement; authorizing the CRA to acquire vacant parcels, as detailed in Exhibit A and other -- Vice Chairman Winton: So moved. Commissioner Teele: -- parcels of land. So moved. 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 Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-194 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), REQUESTING THE CITY MANAGER TO CONSIDER THE REQUEST OF THE COMMUNITY REDEVELOPMENT AGENCY ("CRA") BOARD AS IT RELATES TO SEOPW/CRA RESOLUTION NO. 02- 11 REQUESTING THAT THE CITY OF MIAMI AND MIAMI-DADE COUNTY GRANT THE CRA A LIMITED AMENDMENT TO THE INTERLOCAL AGREEMENT BY AUTHORIZING THE CRA TO ACQUIRE 23 VACANT PARCELS OF LAND, AS MORE SPECIFICALLY SET FORTH IN EXHIBIT "A" ATTACHED AND INCORPORATED, AND ANY OTHER PARCEL OF LAND AS MAY BE MUTUALLY AGREED UPON, THROUGH EMINENT DOMAIN PROCEEDINGS FOR MUNICIPAL PURPOSES CONSISTENT WITH FLORIDA STATUTES 163; FURTHER REQUESTING THAT THE CITY MANAGER TRANSMIT SUCH AUTHORIZATION NOTICE TO MIAMI-DADE COUNTY ON BEHALF OF THE CRA. 280 February 14, 2002 0 (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 Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Commissioner Teele: And, Mr. Chairman, again, I think that where we're going in terms of our budget process, I would like to just state to the Manager, I think that the Commission did what it had to do for the last two years in how we dealt with certain budget issues, particularly the Office of Media Relations and the Office of Protocol. And I would, as a Commissioner, ask that you review those two offices and -- with the Mayor and with each Commissioner. And as we look at our mid -year adjustments, that we make whatever adjustments or recommendations that are consistent with our new Mayor and the new management -- and particularly making sure that Media Relations is out of the penalty box with the Chairman. I also would note that there's some discussion about changing the name, which, you know, under the anti -deficiency -- and I would welcome, I think, a name change consistent with what the Manager may recommend. Carlos Gimenez (City Manager): Yes, sir. Commissioner Teele: So I just want to say that I, for one, am going to try to support all of your recommendations relating to those two departments, Media Relations and Protocol, that were the subject of a lot of Commission involve -- over -involvement but for a reason. And I think we need to get the record back level. Mr. Gimenez: Thank you, sir. I appreciate it. Chairman Regalado: Johnny, you have any pocket items? Vice Chairman Winton: I think so. Hold on. Mr. Gimenez: Mr. Chairman, did you take up 15-A? Chairman Regalado: No. I'm sorry. We need to have -- Commissioner Teele: I would like to defer that item. Chairman Regalado: What is that? 281 February 14, 2002 • 0 Commissioner Teale: Is that the sunshine law? Which 15-A9 Vice Chairman Winton: This is a CIP (Civilian Investigative Panel) something. Chairman Regalado: It's about the CIP. Commissioner Teele: That's the sunshine Iaw -- Mr. Gimenez: Sunshine. Commissioner Teele: -- that I asked? Mr. Gimenez: Yes, sir. Commissioner Teele: I'd like to defer that. Chairman Regalado: We'll do it on March the 7th 282 February 14, 2002 0 0 64. AUTHORIZE TELEMUNDO NETWORK NATIONALLY TELEVISED SHOW "PROTAGONISTAS DE NOVELA", TO FILM AT MANUEL ARTIME COMMUNITY THEATER ON FEBRUARY 20,2002; IN EXCHANGE FOR ADVERTISING OF MANUEL ARTIME THEATER DURING BROADCAST OF SHOW; SAID AUTHORIZATION CONDITIONED UPON ORGANIZERS. Vice Chairman Winton: And I have three pocket items. One is for Commissioner Sanchez. It's a resolution authorizing Telemundo to film at the Manuel Artime Theater in exchange for advertising. Chairman Regalado: OK. Vice Chairman Winton: That's all I know. Chairman Regalado: OK. Is there a motion? Commissioner Gonzdlez: So moved. Chairman Regalado: It's been moved and second. All in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-195 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE TELEMUNDO NETWORK NATIONALLY TELEVISED SHOW "PROTAGONISTAS DE NOVELA", TO FILM AT THE MANUEL ARTIME COMMUNITY THEATER ON FEBRUARY 20, 2002; IN EXCHANGE FOR THE ADVERTISING OF THE MANUEL ARTIME THEATER DURING THE BROADCAST OF THE SHOW; SAID AUTHORIZATION CONDITIONED UPON THE ORGANIZERS: (1) OBTAINING ALL PERMITS REQUIRED BY LAW; (2) PAYING FOR ALL NECESSARY COSTS OF ALL OTHER CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (3) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR DESIGNEE; AND (4) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR DESIGNEE. 283 February 14, 2002 (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 Gonzdlez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 284 February 14, 2002 0 C 65. EMERGENCY ORDINANCE: ESTABLISH INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR SPECIAL REVENUE FUND ENTITLED "SOUTH FLORIDA HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) CRIME AND DRUG DEMAND REDUCTION PROGRAM," AUTHORIZE MANAGER TO ACCEPT $45,000 GRANT FROM SOUTH FLORIDA HIGH INTENSITY DRUG TRAFFICKING AREA THROUGH MONROE COUNTY SHERIFFS OFFICE, Vice Chairman Winton: An emergency ordinance authorizing the City Manager to accept a forty-five thousand dollar ($45,000) grant from South Florida High Intensity Drug Trafficking. So moved. Commissioner Teele: Second. Commissioner Gonzalez: Second. Chairman Regalado: It's been moved and second. It's an emergency ordinance. Read the ordinance, Madam City Attorney. OK. Roll call. Sylvia Scheider (Acting City Clerk): I need a move and second. Chairman Regalado: It's been moved and second by -- Vice Chairman Winton: Moved by me. Chairman Regalado: Yeah. It was moved by Vice Chair Winton. Second by Commissioner Teele, 285 February 14, 2002 E An Ordinance Entitled -- AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED "SOUTH FLORIDA HIGH INTENSITY DRUG TRAFFICKING AREA ("HIDTA") CRIME AND DRUG DEMAND REDUCTION PROGRAM;" AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT, IN THE AMOUNT OF $45,000, FROM THE MONROE COUNTY SHERIFF'S OFFICE, AS PART OF THE SOUTH FLORIDA HIGH INTENSITY DRUG TRAFFICKING AREA PROGRAM AND TO EXECUTE ANY NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR ACCEPTANCE AND IMPLEMENTATION OF THE GRANT; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AUTHORIZING THE EXPENDITURE OF FUNDS FOR OPERATION OF THE PROGRAM. was introduced by Vice Chairman Winton and seconded by Commissioner Tecle, for adoption as an emergency measure, and dispending 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 Arthur E. Teele, Jr. NAYS; None. ABSENT: Commissioner Joe Sanchez Whereupon the Commission on motion of Vice Chairman Winton and seconded by Commissioner Teele, adopted said ordinance by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzdlez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12191 The ordinance was read by title into the public record by the Assistant City Attorney. 286 February 14, 2002 • 0 66. AUTHORIZE CITY TO CO-SPONSOR WITH VIRRICK PARK COMMITTEE PRE - GRAND OPENING OF NEW STATE OF ART ELIZABETH VIRRICK YOUTH & COMMUNITY CENTER AND FIRST ANNUAL COCONUT GROVE BLACK ARTS FESTIVAL AT VIRRICK PARK ON SATURDAY, FEBRUARY 23, 2002, WAIVE APPLICABLE FEES, WITH CONDITION THAT CITY RECEIVE REPORT DETAILING HOW REVENUES GENERATED WERE INVESTED IN VIRRICK PARK. Vice Chairman Winton: And the last one's a resolution -- it's a good thing we're going home -- a resolution authorizing the City of Miami to co-sponsor at the Virrick Park Committee the pre - grand opening of the new state-of-the-art Elizabeth Virrick Youth & Community Center and the First Annual Coconut Grove Black Arts Festival on February 23"'. The resolution also authorizes the City Manager to waive all applicable fees and associated City expenses on the condition that the City receive a report detailing how the revenues that will be generated from this event -- and there will be -- are reinvested in Virrick Park. So moved. Chairman Regalado: It's been moved -- Commissioner Gonzalez: Second. Chairman Regalado: -- and second. All in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Chairman Regalado, who moved for its adoption: RESOLUTION NO. 02-196 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY OF MIAMI'S CO-SPONSORSHIP WITH THE VIRRICK PARK COMMITTEE OF THE PRE -GRAND OPENING OF ELIZABETH VIRRICK YOUTH AND COMMUNITY CENTER AND THE FIRST ANNUAL COCONUT GROVE BLACK ARTS FESTIVAL, TO BE HELD AT VIRRICK PARK ON SATURDAY, FEBRUARY 23, 2002, AUTHORIZING THE WAIVER OF ALL FEES AND PERMITS PERMISSIBLE BY LAW; CONDITIONING SAID AUTHORIZATIONS UPON THE ORGANIZERS: (1) OBTAINING ALL PERMITS REQUIRED BY LAW; (2) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER; (3) SUBMITTING A REPORT DETAILING THE INVESTMENTS MADE TO VIRRICK PARK FROM THE REVENUES GENERATED FROM THESE EVENTS. 287 February 14, 2002 • 0 (Here follows body of resolution, omitted here and on file in the Office of the City Cleric.) Upon being seconded by Commissioner Gonzdlez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Vice Chairman Winton: That's it. 288 February 14, 2002 • 0 67. AUTHORIZE MANAGER TO ACCEPT $450,000 GRANT FROM SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND TO COMMIT $1,050,000 FROM STORM SEWER BOND PROCEEDS, OR OTHER REVENUE SOURCE APPROPRIATE, FOR RETROFITTING OF DRAINAGE SYSTEM IN PINEHURST NEIGHBORHOOD. Chairman Regalado: OK. Commissioner Gonzalcz, you have any pocket items? Commissioner Gonzalez: Yes, Mr. Chairman. I have two. Chairman Regalado: OK. Go ahead, sir. Commissioner Gonzalez; Resolution of the -- a resolution of the Miami City Commission authorizing the City Manager to accept a grant in the amount of four hundred and fifty thousand dollars ($450,000) from the South Florida Water Management District and to commit funds in the amount of one million fifty thousand dollars ($1,050,000) from the storm sewer and bond proceeds or any other revenue source deemed appropriate for the retrofitting of the drainage system in the Pinehurst neighborhood. Further authorizing the City Manager to execute all necessary documents in a farm acceptable to the City Attorney to accept the grant. So moved. 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 Gonzalez, who moved for its adoption: RESOLUTION NO. 02-197 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT, IN THE AMOUNT OF $450,000, FROM THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND TO COMMIT FUNDS IN THE AMOUNT OF $1,050,000 FROM THE STORM SEWER BOND PROCEEDS, OR ANY OTHER REVENUE SOURCE DEEMED APPROPRIATE, FOR THE RETROFITTING OF A DRAINAGE SYSTEM IN THE PINEHURST NEIGHBORHOOD; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO ACCEPT THE GRANT. 289 February 14, 2002 i 0 (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 Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 290 February 14, 2002 9 • 68. AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR RETROFITTING OF DRAINAGE SYSTEM IN PINEHURST NEIGHBORHOOD. Commissioner Gonzdlez: The other one is a resolution of the City of Miami Commission, with attachments, authorizing the City Manager to execute an agreement in substantially the attached form with the South Florida Water Management District for the retrofitting of the drainage system in the Pinehurst neighborhood, with terms and conditions as more particularly set forth in the agreement. So moved. Vice Chairman Winton: Second. Chairman Regalado: It's been moved and it's been second. All -- Commissioner Teele: Where is Pinehurst? Chairman Regalado: Pinehurst is in District 1. (COMMENTS OFF THE RECORD) Commissioner Gonzalez: Between 12"' and 17`x' between 28`x' and 36`x' Street -- 37`k' Street. Commissioner Teele: And that's called Pinehurst? Commissioner Gonzalez: Right. Chairman Regalado: It's not close to Pinecrest. Commissioner Teele: Just wanted to make sure that County wasn't sneaking one on. Commissioner Gonzdlez: No, no. I won't let them do it. Chairman Regalado: All in favor say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. 291 February 14, 2002 i 9 The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 02-198 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR THE RETROFITTING OF A DRAINAGE SYSTEM IN THE PINEHURST NEIGHBORHOOD, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Cleric.) 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 Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 292 February 14, 2002 0 0 69, AUTHORIZE CO-SPONSORSHIP ALONG WITH BUCHHOLZ FAMILY FOUNDATION OF NASDAQ 104 PRE -QUALIFYING TENNIS TOURNAMENT, KNOWN AS "THE PINEAPPLE KING CLASSIC", TO BE HELD AT MOORE PARK ASHE- BUCHHOLZ TENNIS CENTER, MARCH 9 - MARCH 12, 2002; AUTHORIZE WAIVER OF ALL FEES AND PERMITS PERMISSIBLE; CONDITION SAID AUTHORIZATION UPON FOUNDATION. Chairman Regalado: Commissioner Teele, do you have -- Commissioner Teele: Yes, thank you, Mr. Chairman. Chairman Regalado: -- pocket items? Commissioner Teele: Very quickly. This is a City -- resolution co -sponsoring the Buchholz Family Foundation, NASDAQ 100 Pre -Qualifying Tennis Tournament at Moore Park -- Vice Chairman Winton: Second. Commissioner Teele: -- as stated. Vice Chairman Winton: Second. Chairman Regalado: It's been second. All in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 02-199 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CO-SPONSORSHIP, ALONG WITH THE BUCHHOLZ FAMILY FOUNDATION ("FOUNDATION"), OF THE NASDAQ 100 PRE - QUALIFYING TENNIS TOURNAMENT, KNOWN AS "THE PINEAPPLE ICING CLASSIC", TO BE HELD AT THE MOORE PARK ASHE-BUCHHOLZ TENNIS CENTER, MARCH 9 - MARCH 12, 2002; AUTHORIZING THE WAIVER OF ALL FEES AND PERMITS PERMISSIBLE BY LAW; CONDITIONING SAID AUTHORIZATIONS UPON THE FOUNDATION: (1) OBTAINING ALL PERMITS REQUIRED BY LAW; (2) PAYING FOR ALL OTHER NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (3) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OF DESIGNEE; AND (4) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR DESIGNEE. 293 February 14, 2002 0 0 (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 Arthur E. Teel e, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 294 February 14, 2002 i 0 70. INSTRUCT MANAGER TO PREPARE COMPETITIVE APPLICATION PERIOD FOR ORGANIZATIONS THAT PLAN TO PARTICIPATE IN STATE OF FLORIDA ANNUAL SURTAX PROGRAM TO BE MATCHED WITH CITY SKIP DOLLARS OR OTHER ELIGIBLE CITY MATCHING FUNDS FOR HOME OWNERSHIP INITIATIVES. Commissioner Teele: The next one -- Mr. Chairman -- and I hope somebody from the Community Development Office -- Dan, you're here. Mr. Chairman, each year -- and Mr. Manager -- we get into this problem with the state grant application on surtaxes. Before we used to just grant anybody that applied. Then, I think, Commissioner Winton, first raised it properly that he'd like to see a process. Essentially, the process, I think, is very important but we want to support virtually anybody who's going to apply for surtax. And nobody -- you can't get the surtaxes if you don't have some matching support from the City. >o, I mean, you know, we may put up five hundred thousand as SHIP (State Housing Initiative Partnership Program) dollars or whatever and we get twelve million dollars ($12,000,000), dah, dah, dah, dah, dah. What I'm seeking to do simply is just to codify what we instructed you all last year to do, but the process is moving very quickly in Tallahassee. So this is a resolution of the Commission requesting that the Manager prepare a competitive application period, that is a very brief period, a week or so, for organizations that plan to participate in the State Annual Surtax Program to be matched with City SHIP dollars or other eligible matching funds for homeownership initiatives or for any qualifying initiative. Let me modify that to say that. And further requesting that subject applicants consider allocating a portion -- consider application -- a portion of the use to the City of Miami for relocation purposes through certain homeownership designations throughout the City and temporary displacement of residents. And further requesting that the City Manager complete the process and present to -- his recommendations on March 14"' Commission meeting. So moved. Vice Chairman Winton: Second. Commissioner Gonzalez: Second. Chairman Regalado: It's been moved and second. All in favor say "aye." The Commission (Collectively): Aye. 295 February 14, 2002 The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 02-200 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO ORGANIZE A COMPETITIVE APPLICATION PROCESS FOR ORGANIZATIONS TO PARTICIPATE IN THE STATE OF FLORIDA ANNUAL SURTAX PROGRAM ("PROGRAM") REQUIRING MATCHING CITY STATE HOUSING INITIATIVE PARTNERSHIP ("SHIP") FUNDS OR OTHER ELIGIBLE CITY MATCHING FUNDS FOR HOMEOWNERSHIP INITIATIVES; REQUESTING THAT APPLICANTS TO THE PROGRAM ALLOCATE A PORTION OF THEIR. DWELLING UNITS TO THE CITY OF MIAMI FOR TEMPORARY RELOCATION OF DISPLACED RESIDENTS; FURTHER DIRECTING THAT THE CITY MANAGER PRESENT HIS RECOMMENDATIONS AT THE MARCH 14, 2002 CITY COMMISSION MEETING. (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 Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Commissioner Teele: Mr. Chairman, as far as I'm concerned -- Dan, we just need to get something published, let everybody submit and -- I mean, you know, we want to encourage as many applications as we can obviously. Mr. Dan: And we have no problem with that, Commissioner. In fact, at the March 7`h meeting, we have an item scheduled to set a policy by the Commission, which kind of fits in line with what you're saying here also, Commissioner Teele: OK. Do you know when they have to have those applications in? Mr. Dan: I believe it's April, beginning of April sometime. So -- Commissioner Teele: Well, you may adjust this date to meet your need. But, unfortunately, most of these applications have been going in in Commissioner Gonzalez's district and 296 February 14, 2002 :7 i Commissioner Winton's district and it's nothing I can do about that. The one there on in W ynwood that's -- Vice Chairman Winton: On 2"' Avenue? Commissioner Teele: -- on 2"6 Avenue -- Northeast 2"d Avenue is an example, and then the one that we just did, Gate -- Vice Chairman Winton: Oh, yeah. Over at -- behind -- by -- Commissioner Teele: -- Gatehouse over there on the river. Vice Chairman Winton: -- by Lummus. Commissioner Teele: Those are big, big successful projects, and we just want to encourage that. 297 February 14, 2002 0 71. AUTHORIZE ADMINISTRATION TO EXPEND $15,000 FROM SPECIAL FUNDS FOR EXPENDITURES ASSOCIATED WITH AMISTAD EVENT, Commissioner Teelc: The next one is a resolution of the Commission authorizing the City -- Vice Chairman Winton: Second that motion. Commissioner Teele: -- on Number 3 of the Amistad. Moved and seconded. Call the question. 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 for its adoption: RESOLUTION NO. 02-201 A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION 01-1270 TO INCREASE FUNDING, IN THE AMOUNT OF $15,000, FOR PORT VISITATION EXPENSES ASSOCIATED WITH THE DOCKING OF THE HISTORIC FREEDOM SCHOONER "AMISTAD", IN MIAMI, FLORIDA, FROM JANUARY 5 TO MARCH 2,2002; ALLOCATING THE ADDITIONAL FUNDS FROM THE SPECIAL. FUNDS ACCOUNT, ACCOUNT NO. 001000921054.6.289. (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 Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 298 February 14, 2002 72. AUTHORIZE $4,000 CONTRIBUTION TO MIAMI-DADE COUNTY DADE DAYS, INC. FOR ANNUAL MIAMI-DADE DAYS FESTIVITIES SCHEDULED FOR FEBRUARY 27 THROUGH FEBRUARY 28, 2002, DURING 2002 LEGISLATIVE SESSION; ALLOCATE SAID FUNDS FROM SPECIAL EVENTS ACCOUNT. Chairman Teele: The next one is a request coming from the committee, and that is that the City Commission authorize a contribution -- Vice Chairman Winton: Second. Chairman Teele: -- for Miami -Dade Days -- 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 for its adoption: RESOLUTION NO. 02-202 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING A CONTRIBUTION, IN AN AMOUNT NOT TO EXCEED $4,000, TO THE MIAMI-DADE COUNTY DADE DAYS, INC. FOR THE ANNUAL MIAMI- DADE DAYS FESTIVITIES SCHEDULED FOR FEBRUARY 27 THROUGH FEBRUARY 28, 2002, DURING THE 2002 LEGISLATIVE SESSION; ALLOCATING FUNDS FROM THE SPECIAL EVENTS ACCOUNT. (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 Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 299 February 14, 2002 0 0 73. ACCEPT 1N -KIND GRANT FROM COMMUNITY REDEVELOPMENT AGENCY (CRA), $25,000, FOR INSTALLATION OF EXTERIOR LIGHTS TO FIRE STATION NO. 2. Commissioner Teele: The next is a resolution of the City accepting an in-kind grant -- Vice Chairman Winton: Second. Commissioner Teele: -- from the CRA (Community Redevelopment Agency) -- 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 for its adoption: RESOLUTION NO. 02-203 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING AN IN- KIND GRANT FROM THE COMMUNITY REDEVELOPMENT AGENCY (CRA), IN THE AMOUNT OF $25,000, FOR THE INSTALLATION OF EXTERIOR LIGHTS TO FIRE STATION NO. 2. (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 Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez. 300 February 14, 2002 0 0 74. MANAGER CONSIDER REQUEST OF COMMUNITY REDEVELOPMENT AGENCY (CRA) BOARD AS RELATES TO RESOLUTION SEOPW/CRA 02-17 WHICH REQUESTS CITY TO IMMEDIATELY ACQUIRE THREE PARCELS OF LANDS FOR PUBLIC USE, PARKING OPEN SPACE PLAZA AND FUTURE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) USE. Commissioner Teele: And the next one is a resolution of the City Commission requesting that the Manager consider the request of the CRA (Community Redevelopment Agency) Board relating to the Southeast Overtown resolution R-2-17, which request that the City immediately require and expedite three parcels of land, as detailed in Exhibit "A," for parking, public use and future Florida DOT (Department of Transportation) right-of-way, pursuant to the 9t" Street Corridor and 3"d Avenue Business Corridor. Vice Chaim -tan Winton: So moved. Commissioner Teele: And further requesting -- Vice Chairman Winton: I mean, second. Commissioner Teele: -- the City Attorney -- yeah. 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 for its adoption: RESOLUTION NO. 02-204 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), REQUESTING THAT THE CITY MANAGER CONSIDER THE REQUEST OF THE COMMUNITY REDEVELOPMENT AGENCY ("CRA") AS IT RELATES TO RESOLUTION SEOPW/CRA 02-17, WHICH REQUESTS THE CITY OF MIAMI TO IMMEDIATELY AND EXPEDITIOUSLY ACQUIRE THE THREE (3) PARCELS OF LANDS AS DETAILED IN "EXHIBIT A" FOR PUBLIC USE AND FUTURE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") USE, PURSUANT TO THE APPROVED NORTHWEST 31t° AVENUE BUSINESS CORRIDOR PLAN (9"" i STREET PEDESTRIAN MALL EXTENSION) AND CHAPTER 163, FLORIDA STATUTES; FURTHER, UPON THE WRITTEN REQUEST OF THE CITY MANAGER, AUTHORIZING THE CITY ATTORNEY TO TAKE ALL ACTIONS NECESSARY FOR ACQUISITION OF THE SUBJECT PARCELS OF LAND. 301 February 14, 2002 0 (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 Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 302 February 14, 2002 0 0 75, MANAGER CONSIDER REQUEST OF CRA BOARD AS RELATES TO RESOLUTION SEOPW/CRA 02-20 WHICH REQUESTS ASSISTANCE OF CITY PUBLIC WORKS DEPARTMENT IN PROVIDING SUPPORT WITH CONVERSION OF BELLSOUTH'S AND AT&T'S EXISTING OVERHEAD CABLE WIRING TO UNDERGROUND SYSTEM IN CONNECTION TO PHASE 3 AND 4 OF 3 R AVENUE EXTENSION TO 9""' STREET PEDESTRIAN MALL PLAN AND AUTHORIZE PAYMENT TO SUBJECT UTILITY COMPANIES UPON COMPLETION OF TASK. Commissioner Teele: And the last one is the request of the Commission requesting that the City Manager consider the request of the board as it relates to Southeast Overtown CRA (Community Redevelopment Agency) resolution 2-20, which requests the assistance of the City Public Works in providing administrative engineering and other necessary support with respect to the conversion of south -- Bellsouth and AT&T's (American Telephone & Telegraph) existing overhead cable wires and underground system in connection with Phase 3 of the approved 3`1 Avenue extension of the 9"' Street Mall, and further requesting that the Public Works Department authorize the payment to the subject utility, upon completion of task, upon being reimbursed by the CRA. Chairman Regalado: It's been moved -- Commissioner Gonzalez: Second. Chairman Regalado: -- and second. All in favor say "aye." The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 02-205 A RESOLUTION OF THE MIAMI CITY COMMISSION REQUESTING THE CITY MANAGER CONSIDER THE REQUEST OF THE COMMUNITY REDEVELOPMENT AGENCY (CRA) AS IT RELATES TO RESOLUTION SEOPW/CRA 02-20, TO PROVIDE ASSISTANCE FROM THE DEPARTMENT OF PUBLIC WORKS FOR ADMINISTRATIVE, ENGINEERING AND OTHER SUPPORT SERVICES FOR THE CONVERSION OF BELLSOUTH'S AND AT&T'S (THE "UTILITY COMPANIES") EXISTING OVERHEAD CABLE WIRING TO AN UNDERGROUND SYSTEM FOR PHASE 3 AND PHASE 4 OF THE 3"" AVENUE EXTENSION TO THE 9"" STREET PEDESTRIAN MALL PLAN; AND FURTHER AUTHORIZING THE CITY MANAGER TO PAY THE UTILITY COMPANIES UPON COMPLETION OF THE CONVERSION WORK, WHICH PAYMENT SHALL BE REIMBURSED BY THE CRA. 303 February 14, 2002 0 0 (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 Chainnan Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Tecle, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Commissioner Teele: Thank you, Mr. Chairman. 304 February 14, 2002 0 0 76. CUBAN MUNICIPALITIES FAIR AT FLAGLER DOG TRACK ON APRIL 4-7, 2002, APPROVE USE OF PREMISES, EVENT WILL NOT BE COUNTED AS ONE OF TWO ALLOCATED EVENTS, PER SITE, PER YEAR. Chairman Regalado: I have one pocket item, Mr. Manager. It's about the Cuban Municipalities Fair. Every year it's been held in the Flagler Dog Track, and it's on April 4, 5, 6, and 7. We need -- they write to you and copy me. they need the approval for the use of the premises and that the event will not be counted as one of the two allocated events per site, per year. We do this every year so -- Commissioner Teele: Don't they also need a liquor or waiving -- Chairman Regalado: No. Commissioner Teele: -- of noise or something? Chairman Regalado: No, no. They only need a permit for the installation of the booth. They don't sell liquor there. Commissioner Teele: So moved, Mr. Chairman. Vice Chairman Winton: Second. Chairman Regalado: It's been moved and second. All in favor say "aye." The Commission (Collectively): Aye. 305 February 14, 2002 0 0 The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 02-206 A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO THE TWENTIETH FAIR OF THE CUBAN MUNICIPALITIES IN EXILE ("FAIR") CONDUCTED BY THE CUBAN MUNICIPALITIES FAIR CORPORATION ("ORGANIZERS"), SCHEDULED FOR APRIL 4-7, 2002, AT THE GROUNDS OF THE FLAGLER DOG TRACK; GRANTING THE REQUESTS OF THE ORGANIZERS TO (1) WAIVE, BY A FOUR-FIFTHS AFFIRMATIVE VOTE, THE LIMITATIONS CONTAINED IN SECTION 906.9 OF ORDINANCE NO. 11000, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS IT RELATES TO THE NUMBER OF TEMPORARY EVENTS PERMITTED PER SITE ON PRIVATE PROPERTY PER YEAR, AND (2) DECLARING AN EXEMPTION FROM THE PROHIBITIONS AND RESTRICTIONS CONTAINED IN SECTIONS 36-4(a) AND 36-5(a) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS THEY RELATE TO THE LEVEL AND HOURS OF NOISE CONCERNING SAID FAIR; CONDITIONING SAID GRANTS UPON THE ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH THE FAIR AND OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY ►mem (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 Chainnan Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 306 February 14, 2002 0 0 77. AUTHORIZE MANAGER TO ENGAGE SERVICES OF ROBERT WEINREB TO ESTABLISH LONG TERM POLICIES AND PROGRAMS TO USE AND IMPROVE EXISTING PARKS AND PLAN NEW PARKS IN UNDERSERVED AREAS, $20,000; ALLOCATE FUNDS FROM STRATEGIC AND BLUE RIBBON INITIATIVES ACCOUNT. Carlos Gimenez (City Manager): Mr. Chair, I have one pocket item. Chairman Regalado: Do you want this or do you know about it? Mr. Gimenez: I'll get somebody to get a copy of it. Thank you, sir. Commissioner Teele: Is that the one on the consultant for twenty thousand? Mr. Gimenez: Yes, sir. Commissioner Teele: I would so move, Mr. Chairman. 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 for its adoption: RESOLUTION NO. 02-207 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ENGAGE THE SERVICES OF ROBERT WEINREB TO ESTABLISH LONG TERM POLICIES AND PROGRAMS TO USE AND IMPROVE EXISTING PARKS AND PLAN NEW PARKS IN UNDERSERVED AREAS, FROM THE EFFECTIVE DATE OF THIS RESOLUTION UNTIL SEPTEMBER 30, 2002, PAYABLE MONTHLY, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $20,000; ALLOCATING FUNDS FROM THE STRATEGIC AND BLUE RIBBON INITIATIVES ACCOUNT. 307 February 14, 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 Arthur F. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Commissioner Teele: Is the amount twenty or twenty-five? Mr. Gimenez: It's twenty thousand, sir. Commissioner Teele: Twenty thousand, OK. Chairman Regalado: That's it? Happy Valentine's Day. 308 February 14, 2002 9 THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, `rHE MEETING WAS ADJOURNED AT 10:39 Y.M. ATTEST: SYLVIA SCHEIDER Acting City Clerk MANUEL A. DIAZ MAYOR 309 February 14, 2002