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HomeMy WebLinkAboutCC 2002-03-14 Minutes• • CITY OF MIAMI CITY COMMISSION MEETING M IN UTE S OF MEETING HELD ON MARCH 14, 2002 PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL Priscilla A. Thompson/City Clerk MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 14`t' day of March, 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;24 a.m. by Chairman "Tomas Regalado with the following members of the Commission found to be present: Vice Chairman Johnny L. Winton (District 2) Commissioner Joe Sanchez (District 3) Chairman Tomas Regalado (District 4) ALSO PRESENT: Manuel Diaz, Mayor Carlos A. Gimenez, City Manager Alejandro Vilarello, Assistant City Attorney Sylvia Scheider, Assistant City Cleric ABSENT: Commissioner Angel Gonzalez (District 1) Commissioner Arthur E. Teele, Jr. (District 5) I March 14, 2002 I. (A) DIRECT MANAGER TO BRIEF EACH MEMBER OF COMMISSION BEFORE APRIL 11, 2002 REGARDING PROPOSED MERGER WITH AT&T BROADBAND AND ANOTHER COMPANY AND WHAT CITY MUST DO REGARDING THIS MATTER. BRIEF COMMENTS ON ORANGE BOWL PARADE CONSENT AGENDA (B) DIRECT MANAGER TO CREATE WORKING GROUP TO PROVIDE ANNUAL EVENT ON DECEMBER 3t" CONTINUING TRADITION OF ORANGE BOWL PARADE; MANAGER TO HIRE CONSULTANTS AS NECESSARY AND COME BACK WITH RECOMMENDATION ON PROPOSED BUDGET AND STAFF TO CARRY OUT SAID EVENT. Chairman Regalado: Weare going to convene the meeting of today, the 14"', plus continue the meeting of March 7"'. We have Commissioners Sanchez, and Winton, and Commissioner Teele, and we will proceed. Commissioner Sanchez will do the invocation. Vice Chair Winton will do the pledge of` allegiance. Commissioner Sanchez. Commissioner Sanchez: Good morning. Thank you, Mr. Chairman. If we could please stand as we pray. An invocation was delivered by Commissioner Sanchez; after which, Vice Chairman Winton led those present in a pledge of allegiance to the flag. Chairman Regalado: Before we start, let me make some announcements. First of all, Vice Chair Winton has to leave at 5:30 today. So we need to hurry and take all the items for today's meeting, and, of course, the items that we had continued from the March 7`" meeting. As you all may remember, Mayor Diaz had requested that the Commission will hear his report on the AT&T (American Telephone and Telegraph) conversations that he's having regarding the fine and the "Clean Up Miami" Campaign. He has requested that we place this on the ApriI 1 I`" agenda, where he will have a report for the Commission. And also, he has expressed his desire to participate in the merger talks. You probably know that the City has been notified that AT&T plans to merge with another company. We have a window of 120 days to act in terms of anything that we want to change on the contract, or anything that we need to include. Note for the Record: Commissioner Teele entered the chamber at 9:27 a.m. Chairman Regalado: Commissioner Teele. Commissioner, 1 was saying that the Mayor had requested that the AT&T report will be placed on the April I I"' agenda, and that he would also participate in the merger talks, and every Commissioner should be briefed by the administration before the April 1 I"' on the merger and on what the City can and cannot do. We need to do several things, and one thing is of importance, because Commissioner Gonzalez had requested not to be present for the consent agenda. There is a -- Commissioner Sanchez: Mr. Chairman. Chairman Regalado: Yes, sir. 2 March 14, 2002 Commissioner Sanchez: If I may just interrupt you for a minute. If we could just take --deviate a little bit on the order of the day. I would like the administration to give us an update of what's going on. What is the City doing, basically, pertaining to the Orange Bowl Parade, being that it's one of our signature events`? And as we all know, the Orange Bowl Committee has made statements that the Orange Bowl Parade will probably be cancelled. Being that it's such an important issue for us, I'd like for the administration to tell us what steps are being taken to work something out, whether it's with them or other companies that organize this parade. Let me just state for the record that I have been contacted by the people that put together Mardi Gras, and they're interested in coming to the table. Of course, that's the administration's job to sit down with them. But one of the things that I focus on, if you look at all major parades, like the Macy's Parade and in Pasadena, the Rose Parade, you know, the Rose Parade is unique in ways, because it's all about the roses, you know. All the floats are decorated by the floats in natural -- and, of course, they bring out the history as the parade started by horses. I mean, that's a first class parade. And I think that here in Miami, if we can make some recommendations -- you know, we're the Magic City -- where it could be the City of Lights, where we could have a Parade of Lights and things like -- just recommendations that can be. But basically, what I would like to hear is what steps is the administration -- if any -- that they're doing to try to either keep the parade here, or modify it, or come up with some ideas to try to save that parade, which I believe it is definitely one of our signature events. And I personally would hate to see that parade not be here in the City. So, Mr. City Manager, can you give us a report? Commissioner Teele: Commissioner. Commissioner Sanchez: Yes, sir. Commissioner Teele: Would you yield on that before he does? Commissioner Sanchez: Yes, sir. Commissioner Teele: If it would please you and the Chairman, what I would really like to do is move the consent agenda right now. Chairman Regalado: Right. Commissioner Teele: Get all five Commissioners here and let's have a ten, or 15 or 20 minute discussion about this now, because I think the point you're raising is so important that we ought to all be here on that, and we ought to all speak our -- so that he can get a direction. Mr. Chairman I -- with your permission, is that all right with you? Commissioner Sanchez: Yes, sir. Commissioner Tecle: And then we'll go back to this and dedicate 15 -- or as long as you'd like, Commissioner. I would move the consent agenda. Vice Chairman Winton: Second. 3 March 14, 2002 Chairman Regalado: The consent agenda has been moved and has been seconded. Anybody from the public to discuss any items? Being none -- Carlos Gimenez (City Manager): Commissioner -- I mean Mr. Chairman. Chairman Regalado: Yes. Mr. Gimenez: The administration would like to withdraw CA -8. Commissioner Teele: I accept the amendment. Chairman Regalado: CA -8 has been withdrawn by the administration, Alejandro Vilarello (City Attorney): Mr. Chairman, just for the record, the meeting has been opened, both from the 7"' that was continued till today -- Chairman Regalado: That's what I said. Mr. Vilarello: -- and also the meeting of the 14`x' Chairman Regalado: The meeting -- we have -- at the beginning, I said that we have convened the meeting of the 14`x', plus the continuance of the meeting of the 7"'. Mr. Vilarello: So the motion is with regard to the consent agenda on the March 10' -- Chairman Regalado: On the March 14`l' meeting. Commissioner Teele: Call the question. Vice Chairman Winton: What -- I have one question. Chairman Regalado: Yes, sir. Vice Chairman Winton: And it specifically relates to CA -10. But CA -10 kind of triggered the question in my mind, because I've seen it a lot, and that is these contracts have options to extend for a certain period Of time, you know, three one-year periods, or five one-year periods or two one-year periods or whatever, with optional increases. And generally, we have in here optional increases not to exceed five percent. How does the actual increase actually work'? Is that a negotiated increase at the end of each option period? Mr. Gimenez: I'll get the answer for you. Vice Chairman Winton: OK. Commissioner Teele: I would move to defer item CA -10, as well, for a later part in the agenda today. 4 March 14, 2002 • Chairman Regalado: OK. Vice Chairman Winton: I think you could pass it and they could -- because I'm not specifically focused oil this. Commissioner Teele: OK. Then let's do this -- Vice Chairman Winton: I just want to understand the policy. Commissioner Teele: I call the question. Chairman Regalado: OK. CA -8 has been pulled. All other items that are on the consent agenda, all in favor, say "aye." The Commission (Collectively): Aye. NOTE FOR THE RECORD: CODE SEC. 2-33 (J) STIPULATES THAT CONSENT AGENDA ITEMS THAT ARE REMOVED FROM THE AGENDA PRIOR TO CITY COMMISSION CONSIDERATION SHALL AUTOMATICALLY BE SCHEDULED AS A REGULAR AGENDA ITEM AT THE NEXT REGULARLY SCHEDULED MEETING OF THE CITY COMMISSION. THEREUPON, ON MOTION DULY MADE BY COMMISSIONER TEELE AND SECONDED BY VICE CHAIRMAN WINTON, THE CONSENT AGENDA ITEMS WERE PASSED BY THE FOLLOWING VOTE: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None 5 March 14, 2002 • • 1. 1. ACCEPT BID OF KNOWLES ANIMAL CLINIC PURSUANT TO INVITATION FOR BIDS NO. 01-02-026 FOR ACQUISITION OF VETERINARY SERVICES FOR POLICE DOGS FOR DEPARTMENT OF POLICE, $27,000; ALLOCATE FUNDS FROM POLICE GENERAL OPERATING BUDGET, RESOLUTION NO. 02-265 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF KNOWLES ANIMAL CLINIC, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS NO, 01-02-026, DATED JANUARY 14, 2002, FOR THE ACQUISITION OF VETERINARY SERVICES FOR POLICE DOGS FOR THE DEPARTMENT OF POLICE FOR A PERIOD OF ONE YEAR, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $27,000; ALLOCATING FUNDS FROM THE POLICE GENERAL OPERATING BUDGET. 1.2. ACCEPT BID OF MCO CONSTRUCTION & SERVICES, INC. FOR PROJECT ENTITLED "MIAMI POLICE UPPER EASTSIDE SUB -STATION -- ROOF REPLACEMENT, B-6369," $19,500; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENTS PROJECT, TOTAL ESTIMATED COST $22,985.50. RESOLUTION NO. 02-266 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF MCO CONSTRUCTION & SERVICES, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS, DATED DECEMBER 18, 2001, FOR THE PROJECT ENTITLED "MIAMI POLICE UPPER EASTSIDE SUB- STATION -- ROOF REPLACEMENT, B-6369," IN THE AMOUNT OF $19,500; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 312025, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT ORDINANCES, AS AMENDED, IN THE AMOUNT OF $19,500 FOR THE CONTRACT COSTS, AND $3,485.50 FOR EXPENSES, FOR A TOTAL ESTIMATED COST OF $22,985.50; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE 6 March 14, 2002 • 1.3. APPROVE PROCUREMENT OF PAPER SUPPLY FOR DEPARTMENT OF PURCHASING FROM UNISOURCE WORLDWIDE AND XPEDX, TO BE USED BY VARIOUS CITY DEPARTMENTS UNDER EXISTING MIAMI-DADE COUNTY CONTRACT NO. 6824-0106; ALLOCATE FUNDS FROM VARIOUS USER DEPARTMENTS. RESOLUTION NO. 02-267 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE PROCUREMENT OF PAPER SUPPLY FOR THE DEPARTMENT OF PURCHASING FROM UNISOURCE WORLDWIDE AND XPEDX, TO BE USED BY VARIOUS CITY DEPARTMENTS, ON AN AS -NEEDED SPOT MARKET BASIS, UNDER EXISTING MIAMI-DADE COUNTY CONTRACT NO. 6824-0/06, EFFECTIVE UNTIL DECEMBER 31, 2006, AND ANY EXTENSIONS; ALLOCATING FUNDS FROM THE VARIOUS USER DEPARTMENTS, AUTHORIZING PURCHASES AS NEEDED, SUBJECT TO AVAILABILITY OF FUNDS. 1.4.v APPROVE PROCUREMENT OF FURNITURE FOR DEPARTMENT OF PURCHASING FROM VARIOUS VENDORS, TO BE USED BY VARIOUS CITY DEPARTMENTS, UNDER EXISTING MIAMI-DADE COUNTY CONTRACT NO. 1072 -2104 -01'R -SW; ALLOCATE FUNDS FROM VARIOUS USER DEPARTMENTS. RESOLUTION NO. 02-268 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE PROCUREMENT OF FURNITURE FOR THE DEPARTMENT OF PURCHASING FROM VARIOUS VENDORS, TO BE USED BY VARIOUS CITY DEPARTMENTS, ON AN AS -NEEDED CONTRACT BASIS, UNDER EXISTING MIAMI-DADE COUNTY CONTRACT NO. 1072 -2104 -OTR -SW, EFFECTIVE UNTIL NOVEMBER 30, 2003, AND ANY EXTENSIONS; ALLOCATING FUNDS FROM THE VARIOUS USER DEPARTMENTS, AUTHORIZING PURCHASES AS NEEDED, SUBJECT TO AVAILABILITY OF FUNDS. 7 March 14, 2002 • • 1.5. APPROVE ACQUISITION OF SECURITY PRODUCTS FOR DEPARTMENT OF POLICE FROM DIEBOLD PROTECTION, UNDER EXISTING STATE OF FLORIDA SNAPS AGREEMENT NO. 6801895-2,$7,173; ALLOCATE FUNDS FROM POLICE GENERAL OPERATING BUDGET. RESOLUTION NO. 02-269 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE ACQUISITION OF SECURITY PRODUCTS, AS MORE PARTICULARLY SET FORTH IN EX14IBIT "A" ATTACHED AND INCORPORATED, FOR THE DEPARTMENT OF POLICE FROM DIEBOLD PROTECTION, UNDER EXISTING STATE OF FLORIDA SNAPS AGREEMENT NO. 6801895-2, EFFECTIVE UNTIL APRIL 30, 2002, AND ANY EXTENSIONS, IN AN AMOUNT NOT TO EXCEED $7,173; ALLOCATING FUNDS FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.270. 1.6. APPROVE PROCUREMENT OF GARBAGE BAGS AND LINERS FOR DEPARTMENT OF PURCHASING FROM VARIOUS VENDORS, TO BE USED BY VARIOUS CITY DEPARTMENTS; ALLOCATE FUNDS FROM GENERAL OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS. RESOLUTION NO. 02-270 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE PROCUREMENT OF GARBAGE BAGS AND LINERS FOR THE DEPARTMENT OF PURCHASING FROM VARIOUS VENDORS, TO BE USED BY VARIOUS CITY DEPARTMENTS ON AN AS -NEEDED CONTRACT BASIS, FOR A PERIOD OF ONE YEAR, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM EACH OF THE GENERAL OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS, AUTHORIZING PURCHASES AS NEEDED, SUBJECT TO AVAILABILITY OF FUNDS, 8 March 14, 2002 • 0 1.7. APPROVE ACQUISITION OF REFURBISHMENT SERVICES FOR TWO FIRE RESCUE SCOOTERS FOR DEPARTMENT OF FIRE -RESCUE FROM PRIDE ENTERPRISES, $49,739.30; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROJECT. RESOLUTION NO. 02-271 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE ACQUISITION OF REFURBISHMENT SERVICES FOR TWO FIRE RESCUE SCOOTERS FOR THE DEPARTMENT OF FIRE - RESCUE FROM PRIDE ENTERPRISES, IN AN AMOUNT NOT TO EXCEED $49,739.30; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 313233, AS FUNDED BY THE FIRE ASSESSMENT FEE. 1.8. AUTHORIZE MANAGER TO EXECUTE REVOCABLE LICENSE AGREEMENT WITH AT&T WIRELESS SERVICES OF FLORIDA, INC. FOR USE OF NORTHWEST CORNER OF ROOFTOP WITHIN COCONUT GROVE CONVENTION CENTER, LOCATED AT 2700 SOUTH BAYSHORE DRIVE FOR OPERATION, MAINTENANCE AND UPGRADE OF UN -STAFFED MICROCELL WIRELESS TELECOMMUNICATIONS SITE, AT MONTHLY FEE OF $1,200. RESOLUTION NO. 02-272 A RESOLUTION OF THE CITY COMMISSION, WITH AT'T'ACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH AT&T WIRELESS SERVICES OF FLORIDA, INC. FOR THE USE OF THE NORTHWEST CORNER OF THE ROOFTOP WITHIN THE COCONUT GROVE CONVENTION CENTER, LOCATED AT 2700 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA FOR THE OPERATION, MAINTENANCE AND UPGRADE OF AN UN- STAFFED MICROCELL WIRELESS TELECOMMUNICATIONS SITE ON A MONTH-TO-MONTH BASIS, PROVIDING FOR AN EFFECTIVE DATE OF FEBRUARY 1, 2002, AT A MONTHLY FEE OF $1,200, PAYABLE TO THE CITY OF MIAMI, PLUS STATE USE TAX, IF APPLICABLE, AND SUBJECT TO ALL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. 9 March 14, 2002 • • I.9. AMEND RESOLUTION NO. 00-207 APPROVING PROCUREMENT OF MAINTENANCE AND REPAIR SERVICES OF FERNO EMERGENCY AMBULANCE COTS FROM MEDCO EQUIPMENT REPAIR, INC., D/B/A EMSAR OF SOUTH FLORIDA TO PROPERLY REFLECT ANNUAL AMOUNT FOR TERM OF CONTRACT AND OPTIONAL INCREASES NOT TO EXCEED FIVE PERCENT FOR EACH OPTION PERIOD. RESOLUTION NO. 02-273 A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 00-207, ADOPTED MARCH 9, 2000, APPROVING THE PROCUREMENT OF MAINTENANCE AND REPAIR SERVICES OF FERNO EMERGENCY AMBULANCE COTS FROM MEDCO EQUIPMENT REPAIR, INC., D/B/A EMSAR OF SOUTH FLORIDA TO PROPERLY REFLECT THE ANNUAL AMOUNT FOR THE TERM OF THE CONTRACT AND THE OPTIONAL INCREASES NOT TO EXCEED FIVE PER CENT FOR EACH OPTION PERIOD. 1.10. AUTHORIZE DIRECTOR OF FINANCE TO PAY LAYLENE GUILLENE HONG DE LA CRUZ $50,000 IN COMPLETE SETTLEMENT OF ALL CLAIMS AGAINST CITY FOR CASE OF LAYLENE GUILLENE HONG DE LA CRUZ VS. CITY; ALLOCATE FUNDS FROM SELF- INSURANCE AND INSURANCE TRUST FUND. RESOLUTION NO. 02-274 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY LAYLENE GUILLENE HONG DE LA CRUZ THE SUM OF $50,000, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, FOR THE CASE OF LAYLENE GUILLENE HONG DE LA CRUZ VS. CITY OF MIAMI, IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 98-15567 CA (30), 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. 515001.624401.6.65 1. 10 March 14, 2002 1.11. AUTHORIZE DIRECTOR OF DEPARTMENT OF FINANCE TO ISSUE CHECK PAYABLE TO ENTIN, MARGULES & DELLA FERA, F.A., $61,180, IN FULL SETTLEMENT OF ALL CLAIMS FOR ATTORNEY FEES AND COSTS FOR REPRESENTATION OF CODE ENFORCEMENT BOARD MEMBER ELADIO ARMESTO-GARCIA, IN CASE OF STATE OF FLORIDA VS. ELADIO ARMSTO-GARCIA AND ANGEL GONZALEZ; ALLOCATE FUNDS FROM SELF-INSURANCE AND INSURANCE TRUST FUND. RESOLUTION NO. 02-275 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF THE DEPARTMENT OF FINANCE TO ISSUE A CHECK PAYABLE TO ENTIN, MARGULES & DELLA FERA, P.A., IN THE AMOUNT OF $61,180.00, INCLUSIVE OF ALL COSTS, IN FULL SETTLEMENT OF ANY AND ALL CLAIMS FOR ATTORNEY FEES AND COSTS FOR THE REPRESENTATION OF CODE ENFORCEMENT BOARD MEMBER ELADIO ARMESTO-GARCIA, IN THE CASE OF STATE OF FLORIDA VS, ELADIO ARMESTO-GARCIA AND ANGEL GONZALEZ, IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. M98-60186 A&B; AND ALLOCATING FUNDS FROM THE CITY OF MIAMI SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.652. I I March 14, 2002 0 1.12. AUTHORIZE DIRECTOR OF DEPARTMENT OF FINANCE TO ISSUE CHECK PAYABLE TO .TACK R. BLUMENFELD, P.A., $68,168.50, IN FULL SETTLEMENT OF ALL CLAIMS FOR ATTORNEY FEES AND COSTS FOR REPRESENTATION OF CODE ENFORCEMENT BOARD MEMBER ANGEL GONZALEZ, IN CASE OF STATE OF FLORIDA VS. ELADIO ARMESTO- GARCIA AND ANGEL GONZALEZ; ALLOCATE FUNDS FROM SELF-INSURANCE AND INSURANCE TRUST FUND. RESOLUTION NO. 02-276 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF THE DEPARTMENT OF FINANCE TO ISSUE A CHECK PAYABLE TO JACK R. BLUMENFELD, P.A., IN THE AMOUNT OF $68,168.50, INCLUSIVE OF ALL COSTS, IN FULL SETTLEMENT OF ANY AND ALL CLAIMS FOR ATTORNEY FEES AND COSTS FOR THE REPRESENTATION OF CODE ENFORCEMENT BOARD MEMBER ANGEL GONZALEZ, IN TFIE CASE OF STATE OF FLORIDA VS. ELADIO ARMESTO-GARCIA AND ANGEL GONZALEZ, IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. M98-60186 A&B; AND ALLOCATING FUNDS FROM THE CITY OF MIAMI SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.652. 12 March 14, 2002 • i 1. 13. AUTHORIZE MANAGER TO EXECUTE SUBLEASE AGREEMENT WITH SOUTHEAST OVERTOWNIPARK WEST COMMUNITY REDEVELOPMENT AGENCY FOR USE OF 1500 slil SQUARE FEET OF OFFICE SPACE ON FIRST FLOOR LOCATED AT 91.5 NORTHWEST v AVENUE FOR OPERATION OF DOWNTOWN NET OFFICE OR POLICE MINI -STATION; ANNUAL AMOUNT OF RENT 51.00. RESOLUTION NO. 02-277 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A SUBLEASE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY FOR THE USE OF 1500 SQUARE FEET OF OFFICE SPACE ON THE FIRST FLOOR LOCATED AT 915 NORTHWEST IS' AVENUE, MIAMI, FLORIDA, FOR THE OPERATION OF THE DOWNTOWN NET OFFICE OR A POLICE MINI -STATION FOR A TERM OF ONE YEAR, WITH THE OPTION TO RENEW FOR FOUR ADDITIONAL ONE-YEAR PERIODS; PROVIDING FOR AN ANNUAL AMOUNT OF RENT NOT TO EXCEED $1.00, WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH W THE AGREEMENT. 1.14. AUTHORIZE MANAGER TO ACCEPT TEN DEEDS OF DEDICATION FOR HIGHWAY PURPOSES. RESOLUTION NO. 02-278 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT TEN (10) DEEDS OF DEDICATION FOR HIGHWAY PURPOSES AND APPROVING AND AUTHORIZING THE RECORDATION OF SAID DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 13 March 14, 2002 Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes. Commissioner Teele: i want to express my appreciation, Commissioner Sanchez, and Commissioner Winton, it's sort of industry standard, and it's contained somewhere that there is a five percent, and it's built in, but I'm sure Ms. Judy will come out in a few minutes and tell us how they're doing it. Chairman Regalado: OK, Commissioner Sanchez -- Commissioner Teele: And, Mr. Chairman, if you would, would someone on staff see if Commissioner Gonzalez is available to discuss this Orange Bowl issue which Commissioner Sanchez -- Chairman Regalado: Right. OK. So we're just going to wait for Commissioner Gonzalez to be here, but we can start -- Commissioner Sanchez had requested that the administration respond. I guess that every one of us has ideas. Commissioner Sanchez, sir. Commissioner Sanchez: Thank you, Mr. Chairman. .It's just -- you know, I'm not going to repeat what I said earlier, but it's just a great concern to us that we've had a signature event here for so many years, a traditional event, and all of a sudden, it's in jeopardy of not being held here in Miami anymore. And I think it's prurient that the administration, along with the County and everyone work together to see if they could find a solution to this, and, you know, try to keep this parade here. However, we all know that the parade needs modification. We believe that new ideas are welcomed, and we just have to -- You know, we talk about the City of Miami being a world class City. We just have to focus on -- and learn from other cities. And, you know, Mardi Gras is a great parade, the Rose Parade, the Macy's Parade. 1 think that we have to find companies out there that are willing to come down and be creative, and do whatever we can to keep this parade, that it's in our hometown, it's in our back yard, it's in one of the most historic boulevards in our City. And, you know, it gives us an opportunity to showcase. And, of course, we all know that the parade has suffered during the last couple of years, but still, still, it attracts people, it's good for the economy, and, you know, I just would hate to sit back and not do anything, and see it go away. So, Mr. City Manager, you know, I ask -- I respectfully request that you give us an update of what at least the City is doing to work this out. Note for the Record: Commissioner Gonzalez entered the chamber at 9:34 a.m. Mr. Gimenez: Commissioner, unfortunately, the City at this point has really not been doing anything. We were not called by the Orange Bowl Committee before they made the decision, apparently, to cancel the parade for next year. And apparently, it's a funding issue. We were not -- they did not request any additional funding from the City. So there was no communication between the Orange Bowl Committee and the City before the decision was made. There has been some thought as to what could go on that day, and maybe it's time to re -think the -- you know, December 31" -- and maybe not in a parade, but maybe we should try to convert downtown Miami into a destination. I know that 1 was away in Las Vegas in the last New Year's and they created a -- it was a huge destination, because they had one of the biggest fireworks show in the world. And so there are different ways to attract people, and not just a parade. So 1 think what we need to do is -- 14 March 14, 2002 Commissioner Sanchez: Yeah, but Vegas is a parade every day. Mr, Gimenez: No, 1 understand. It's not really a parade. l mean, it wasn't a parade, but there was a million people there. Commissioner Sanchez: And a circus. Mr. Gimenez: OK. There was a million people on the strip that night. Now, so maybe what we need to do and what I would recommend is that we open up our minds to all different kinds of possibilities and try to make it an attraction. Really, what we want to do is gather hundreds of thousands of people in downtown Miami, and how -- the best way to do it. A parade may be the best way, but there may be other things to do that may do the job better and could lead to even more -- I mean, a lot of those folks that go to that parade, they go to the parade and then they leave. I think we had rather have them, you know, go there and stay, and, you know, and spend their money at Bayside, and restaurants in the area, so that it may even generate additional -- be an economic generator for downtown. So, I mean, those are my thoughts on it. And I certainly would entertain any thoughts, you know, by the Commission or the Mayor. I know the Mayor has, you know, his own thoughts on what we could do, and, you know, begin some talks and make some plans for December 31'`. Chairman Regalado: Commissioner Winton, you wanted to -- Vice Chairman Winton: Well, I agree with the Manager wholeheartedly. I think that we need to -- I think we need to be very open-minded about what we choose to do, and how we choose to do it. I think a signature event downtown -- 1 think we don't want to lose a signature event, but we want to figure out what that right signature event is. So I like the idea of pulling together some sharp minds that have that kind of event creativity, and letting them work on some ideas, and bring some ideas back to this Commission, you know, within 30 to 60 days. Chairman Regalado: Commissioner Gonzalez, any thoughts on the Orange Bowl Parade'? Commissioner Gonzalez: I believe that, definitely, we have to start working as soon as possible in trying to promote maybe -- I don't know if it's the area of promotion or -- we have to do something to make sure that the event that we have this year is better than what we had last year, because I have noticed by year after year that the event is declining, and declining and declining. And pretty soon, we're not going to have any more event -- any more parade. So I concur with Commissioner Winton that we have to start working on it, developing some kind of plans, bring some people on board that knows about these type of events. But at one point, I remember years ago, this was a very important event for the City of Miami. It was broadcast nationally, and it was a very important event. And I was -- to be honest with you, 1 was very disappointed last year at the event, because I saw that it was something -- you know, it looked poor. It looked like a very small type of event. So, yes, definitely, [ support the idea of bringing in some experts or people that are involved in these type of events to make sure that the City of Miami is portrayed as it was in the past. Thank you. Chairman Regalado; Thank you. Commissioner- Toole. 15 March 14, 2002 Commissioner Teele: Thank you, Mr. Chairman. l join Commissioner Sanchez and the others that have spoken on this, but 1 guess part of my issue is one of process and who is doing what. First and foremost, 1 think we need to be careful, collectively and as a City, about trying to formulate a plan, because it wasn't our parade. Now, if we want to do the parade, we can do it, but I got to say I'm not sure that if worst came to worst, I wouldn't be pleased to second a motion, based upon somebody who has researched this, to keep the Orange Bowl Parade alive. Now, 1 want to say that again, Mr. Manager, because I want you to hear it. 1 don't think -- I think we need to be careful about how we begin this process, because if we start it the wrong way, we're going to end it the wrong way. And I think -- I'm in total agreement with the issues that Commissioner Sanchez has raised, but Frri very concerned about the fact that we start sitting around in the MRC (Miami Riverside Center) Building and trying to make a plan. I think, first and foremost, some entity, in conjunction with the Manager, should be given the lead on this to interface with the Orange Bowl. And, obviously, it would be better that we don't work in cross-purpose with them. They have said, at least as I've read in the press, that they're going to come up with something, hopefully, bigger and better. And I have a hard time conceptualizing that, you know, but maybe they can. But I don't think we ought to start off on two separate planes is what I'm saying, and so my recommendation to Commissioner Sanchez would be that, you know, we encourage the Manager to go meet with them, and to Put together sort of a working group within the City. Now, why would I say a working group? Because, in my mind, there are three separate agencies that directly relate to this Orange Bowl or should, other than the City of Miami that we control or we interface with. First and foremost, and the most important one as a City agency is the Bayfront Trust, in my judgment. The second agency is the DDA (Downtown Development Authority). Contrary, Johnny, to you shaking your head, you know, anything that's going to Put that many people downtown, in hotels, et cetera, et cetera -- And if you don't have an event downtown, you know what's going to happen in three years? This thing is going to migrate north, and people are going to stay in hotels in -- where is that thing, all the way up? -- Bonaventure, Weston, and they'll be staying at the Ritz, whatever, in, you know., Pompano, with the Hall of Fame swimming and -- You know, the one thing that's sure, if we sit here and do nothing, we're going to lose the market share that we've got on this thing. The Orange Bowl Parade puts over how many people downtown? I can tell you this: The biggest transit ridership day in Dade County times three is the Orange Bowl Parade. A hundred thousand people use the Metrorail on New Year's Eve. And the County transit people, if they can ever figure out what they're going to build or whatever, they need to be as concerned about this as anyone else. But the point, Johnny, is this: I think you're -- I mean, I think the DDA has more financial investment in this than all of the other organizations combined, particularly if you look at your role with the -- and I'm not making this personal, and I apologize -- but with the Mandarin Hotel, with the Hyatt, with the Intercontinental and with all of the others, including the Everglades and the DuPont, fine hotels in our City. So the point that I'm making, Johnny, is you move that parade and you don't give another event, you're going to lose probably "X" number of room nights, because those people are going to wind up going where the action is. And so I think the DDA has probably more economic interest in this, selfishly, than anyone else. I think the City and our Bayfront Trust has an economic interest in supporting whatever Bayfront Trust and their board want to do. And so -- and then you've got the organization -- none of the above -- which has, by our Charter or the State law, the responsibility for prornoting the City, which is MSEA (Miami Sports and Exhibition Authority). And if we can spend five hundred thousand dollars ($500,000) promoting a race event, which I strongly support, we ought to be able to spend five hundred thousand dollars ($500,000) promoting a parade. So you got MSEA, you got Bayfront Trust, you got DDA, and then you've got the City. And the Manager is the person we pay -- and pay him well -- to advise us on these things. And so what I'm saying, Johnny is that -- and that's just this side of it. Then we got the Orange Bowl. So we ought to start a process where we got our act together, we're talking to 16 March 14, 2002 • i the Orange Bowl with one voice, with everybody being represented in some type of way. And the advantage and the brilliance of whoever set up this thing -- and I had nothing to do with it. I would imagine you're the only guy that can claim some credit, and you really can't, but you can try. But the beauty of this is that all of those organizations that l just mentioned are represented here on this board. So it's not like, you know, we got to go convince somebody, you know. All we got to do is, you got to convince yourself, Joe has got to convince himself, the Chairman has got to convince himself and maybe he and the Mayor, as the Chair and Vice Chair of MSEA, and we can make the decision. And candidly, I would rather do something with the Orange Bowl. But I think whether the Orange Bowl pays attention to us and treats us seriously or not is not the question. 1 think we ought to come out of here today with a resolution before we leave here today --obviously, sponsored or authored by Commissioner Sanchez -- that the City has resolved to have a significant signature event downtown New Year's Eve, and maintain that tradition. So that's my process kind of issue. Chairman Regalado: Thank you, Commissioner. I have some ideas, and I agree a hundred percent with Commissioner Tcele. Let me say this about what you said, and Commissioner Sanchez, and Winton and Commissioner Gonzalez: Luckily, we are blessed that we are not -- this Cornmission are not fire fighters, in terms of we have to run every time there is a fire and put it out. We are thinking for the future now. The first blow that the Orange Bowl Parade suffered was when they took away the Orange Bowl from the Orange Bowl, because by doing that, 5,000 to 7,000 people that follow those things stayed in hotels in Aventura and in Broward County. And by the numbers of the parade organizer, these people did not came to Miami to attend a New Year's Eve parade, because it's too far. They had activities planned already around their teams in North Miami or Broward, and they did not attend. Second is that when we -- when they lost the TV rights, the City did not participate or was proactive, and they wound up in the family channel, which is very nice, but not a major -- even cable system. But let me tell you something. Not only the City of Miami has a major role in trying to keep -- because of our economic -- and first of all, image necessity for downtown Miami. We have also a very strong and powerful ally, and this is Hispanic Broadcasting System. They do the Three Kings Parade. And let me tell you, by canceling the Orange Bowl Parade, they have wounded the Three Kings Parade, because the same floats and the same bands and things are used in both parades. There is no entity -- American Airlines will spend two hundred thousand dollars ($200,000) building a float just to use it on the Three Kings Parade on three hours in Southwest 8"' Street. So they have a stake in this parade, and these people can generate a lot of n-loncy getting sponsors. Think about this. There are four radio stations, two A.M., two F.M., and they have a major, major economic vacuum if they have to cancel the Three Kings Parade, because it's a moncy-generating business for that. I work there. I participated in the parade events, and organized, and I know what that parade needs and what it costs. So a lot of people have an interest in keeping this parade. And I really think that we should start immediately creating, like Commissioner Teele said, a working group which could be all of us, plus the administration, or members of the different boards, and we can even get somebody from the PR (public relations) industry to work with us, because let me tell you, we probably won't be able to get one of the major networks to broadcast the parade. But if we reinvent the parade, we can get one or two cable channels to broadcast the parade. Hopefully, the ideal scenario will be to bring back the Orange Bowl to the Orange Bowl, because by doing that, we will be bringing thousands of people. l don't know how the contract runs and all that, but it's just -- it's just something that we need to find out. If we cannot -- if we cannot bring the game, at least we should be, Johnny, proactive in having buses to bus people from the hotels in Aventura and Broward to the parade. We should have companies buying tickets for the parade to give away to the people in the inner cities, to the children. Because you know what`? The networks anti the TV stations won't broadcast any event that does not have public, 17 March 14, 2002 0 • because one of the elements of a TV production is crowd. And they need the crowd. They need the high of the crowds. And what happened last year was a disaster, because it rained. But if you remember, the people from the TV stations were having a very hard time getting some crowd shots, because there weren't. And that is something that is really bad for a TV broadcast. So I will support a resolution. 1 would hope that in the resolution Commissioner Sanchez would include that in this working group, all the members of the Commission, as a Commission, as us individually, we can work in different areas, to be assigned different tasks within the different agents that Commissioner Teele appointed, that the Manager and the Mayor will be included in this working group, that the Mayor will be the point person of this working group, that we can include someone from the PR industry that will be able to advise the working group in terms of marketing the parade. So, Commissioner Sanchez. Commissioner Sanchez: Mr. Chairman, could you just yield for a minute? Chairman Regalado: Yes, sir. I'm done. Commissioner Sanchez: For a point of clarification, Christina, you're here. The Orange Bowl Steering Committee has been in contact with the Orange Bowl Committee to try to work something out to try to get the game back. They've made it very clear, till the City puts resources to improve the Orange Bowl, they are not willing to sit at the table. I mean, we have done just about everything we can at the Orange Bowl Steering Committee. That would be -- the ultimate goal is to have the Orange Bowl Game back in the Orange Bowl. There isn't any dispute here. We would love to have that. But they've made it very clear, when the City starts putting money in the Orange Bowl, which is so needed -- because I'm telling you, if we don't start putting money in the Orange Bowl, sooner or later, we're going to have to tear it down. That's just the bottom line. And I think Christina could speak to that. Christina, could you come up to the mike and basically -- so we could clear the air on that, so we know where we're at on that? Christina Abrams (Director, Public Facilities): The Orange Bowl Committee -- Christina Abrams, Director of Public Facilities. The Orange Bowl Committee, you know, has been very involved -- Commissioner Teele: Excuse me, Ms. Abrams. Ms. Abrams: Yes, sir. Commissioner Tecle: Mr. Manager, would you ask your Assistant Manager of Budget to cone stand next to her, please, so he can hear what is going on? Because this is how miscommunications get started. And I respect him, and he's very much engaged in other conversations. But everything that Commissioner Sanchez is saying, he's the one that needs to hear it, more than anybody else. I apologize to you, Mr. Nachlinger, but you need to hear what she's saying and what he's saying. Ms. Abrams: The Orange Bowl Committee has talked to us about the improvements that they would need at the stadium in order to return the games to the stadium. These include VIP (very important person) boxes, chair -back seats and other amenities that are necessary in order to host the national championship. What they have agreed to do is participate with us in the development of a renovation plan for the Orange Bowl, which would give us the opportunity to get their input and incorporate it in the long-term renovation plan. 18 March 14, 2002 Commissioner Teele: Ms. Abrams, in the presentation submitted by the Manager, was the Cull funding for the Orange Bowl, as approved by the voters on the two hundred and fifty-five million dollar ($255,000,000) bond issue contained in that report as the first crunch? Mr. Girnenez: I can answer that question. No. There is -- I think we have sixteen million dollars ($16,000) allocated to the Orange Bowl. Ms. Abrams: Right. Mr. Gimenez: That's nice seed money, but it's not going to get us where we need to go. Commissioner Teele: And what I'm saying is that il.'we're serious about the discussion we're having here now, then we also need to listen to what Commissioner Sanchez is saying, and re-evaluate that program, in light of engineering and what can really be done. And the Nachlinger concern is if you can't spend it, don't even talk about it. And I agree 100 percent with that. But I think, you know, if we're really going to put this thing in high gear, we've got to put it in high gear. And I think the first thing we've got to do is put our money and the voters' money where our mouth is, and begin to put in something that could have a very, very significant economic impact on the whole City by moving toward making the Orange Bowl renovations that -- everybody agrees. And I don't know what they are, and I don't need to know, but we ought to at least make sure that that bond issue proceeds that we've been discussing around -- you know, as you've presented in the past -- that we factor this discussion, and that's my only point. Conlrnissioner Sanchez: And it's years of neglect. Years of neglect, that we've neglected the Orange Bowl. We continue to put a Band-Aid on a fatal wound, I mean, and I understand that the City was in a financial situation. I'm not here to make it personal or point the finger at anybody, but, you know, everything has a trickle effect, you know. We lost the game to the Pro Players Stadium. We're constantly working to bring attractions in, and we're bringing in soccer events. But you know what? We're never going to bring in a world class event out there till people go out there. And I challenge you to go out there and take a tour of the Orange Bowl with us. The press boxes are disgusting. 1 mean, I don't know how these people stand up there for four hours and broadcast the game. I mean, they're in horrible conditions. The stadium needs a lot of improvement. I think we're in the ball park figure of about forty million to get it up to par. And 1 know that that's a lot of money. But, you know, we've taken the steps that we need to take. But, you know, we could sit here and talk about all we want to do, and bring the Orange Bowl back. The bottom line is everybody that goes out there tells you, as long as you don't renovate the Orange Bowl and make it a facility where people are going to go and it's going to be a comfortable facility -- and I'll tell you this much: I do not go to Pro Players Stadium. I'd rather see a game any day of the week and twice on Sunday at the Orange Bowl. And I don't miss a UM (University of Miami) game. But I think that we need to start -- exactly what Commissioner Teele said -- we need to start putting our money where our mouth is, and it's putting money in the Orange Bowl. I know that on the 11 `h, there will be a resolution out here to try to expedite some funds into the Orange Bowl, because we need repairs. And it's not me telling you we aced repairs. We have engineers and professionals that are telling you, either you do it or you're going to end up in a situation that l don't want to be in, and neither do you, Mr. City Manager, or anybody here. Mr. Gimenez: No, sir. Commissioner Tecle -- 19 March 14, 2002 Chairman Regalado: OK. If 1 may, these are two issues here. One is the Orange Bowl, which everybody agrees that we are all committed. But I think that before we finish this discussion, we need to focus on the parade. If there is -- if there is -- on the parade. You know, because we need to send a clear message, I think. 1 think that the message should be the City, and its agencies, and everyone involved is committed to have a major event -- not probably call them a parade, because we don't know -- a major event on December 31" in downtown Miami. And then I hope that in the resolution that Commissioner Sanchez would introduce, he will form some working group and detail the working group for that. Commissioner Sanchez: And those meetings will have to be held in -- Chairman Regalado: In December. Commissioner Teele: Mr. Chairman, I would respectfully dissent on that one. And let me tell you what I think. We can't all be at the table all the time. We've got to trust each other. Joe Sanchez has brought the issue forward. Bayfront Trust is our front door venue, with all due respect to the DDA and MSEA and everybody. 1 would recommend that Joe Sanchez chair or co-chair a working group -- Chairman Regalado: With the Mayor. Commissioner Teele: -- that we invite the Mayor. And we can't order him, and we don't need to start making him something that he may or may not want to be, but we invite him to serve as the other people -- Chairman Regalado: Excuse me. I know that the Mayor wants to be involved. The Mayor would love to be involved, and would love to chair any group that -- because this has, for the Mayor of the City of Miami a high priority. And I cannot speak for the Mayor, but I can tell you that he has told me that he will be ready to get involved in any and every effort to keep the parade or a major event. So I am telling You that the Mayor will participate. Commissioner Teele: And I accept your word on it. But I don't think, as a Commission body, we should pass any legislation regarding asking the Mayor to do something unless we receive from him something like we just received, and I assume that's from him. But I just think it's important that what we do is let one Commissioner co-chair this, obviously, with the Mayor, if he is available, as you've indicated, and I'm sure he is, and then that we ask that the executive directors of the various organizations, along with the Manager be the members of the working group, and that the Manager be the overall coordinator and staff it. And that way, you know, the Manager is a member of the working group, the executive directors of these organizations are a member of the working group, the DDA, MSEA, and Bayfront Trust and that the Manager will staff it. So it's a City controlled City process. The Manager is going to be in charge of it, and everybody around the table will have an equal voice to discuss it. And I think you don't have a sunshine law problem that way. And a lot of this kind of discussion does not need to be held in the sunshine. And that would be my respectful recommendation. Chairman Regalado: It makes sense. It makes sense, and I am willing to support -- where did he go? Oh, OK. Vice Chairman Winton: I would also suggest that a member of the board of one of those organizations could stand in the shoes of the executive director if the executive director -- you ]snow, if you don't have 20 March 14, 2002 an executive director, or if there's a board member that could be more proactive, I think we ought to have a board member involved in any of those organizations. Chairman Regalado: OK. Commissioner Sanchez: Mr. Chairman, I have a resolution. Chairman Regalado: Commissioner, if I may. Would you include a component on marketing and public relations? Commissioner Sanchez: Why don't I put the resolution out and then Urn open for any amendments, Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Sanchez: The resolution is directing the City Manager to act in concert with all relevant organizations and individuals to create a working group for the establishment of an event to provide an alternative to the Orange Bowl Parade. And in that, I suggest that the DDA, MSEA and Bayfront Park be a part of it. Chairman Regalado: It's a motion and second. I would only change -- I would suggest a change. Instead of saying, "an alternative to the parade," can you say, "to continue the tradition of the Orange Bowl events that include a parade"? Because it may be a parade. It may be a parade. Instead of an alternative, it may be still a parade. Commissioner Sanchez: Yeah, I agree with you. But we all agree that the parade needs to be enhanced in a way -- Chairman Regalado: But it could be a parade. What I'm saying is that -- Vice Chairman Winton: He's just suggesting that from a signal standpoint that you -- Commissioner Teele: You're sending a different signal than we really want to send, because what we really would like to do is for the Orange Bowl Committee to come back to the table to work with you and Vice Chairman Winton: Right. Chairman Regalado: To keep the parade. Commissioner Teele: To keep the parade. And if they don't, then maybe they've got a better idea. Vice Chairman Winton: Or maybe we've got a better idea. Commissioner Teele: But if they don't have a better idea, we clearly expect you, sir, as Chairman, to have a better idea, because -- 21 March 14, 2002 Vice Chairman Winton: Because at the end of the day, what you want is a significant event. The significant event could be a parade and something else that makes the parade finally worthwhile. Chairman Regalado: That's what I'm saying. Vice Chairman Winton: And there's all kinds of alternatives out there. Commissioner Sanchez: Yeah. A parade that ends rip in a music festival. Chairman Regalado: Joe, Joe, because we need to send a very clear message. Commissioner Sanchez: Well, the message is being sent crystal clear here from this Commissioner. Chairman Regalado: No, but I mean "alternative to the parade" is, I think, a confusing message. Because we do want -- Commissioner Sanchez: Would you feel better if we take out the word, "alternative"? Chairman Regalado: Yes. Commissioner Sanchez: OK. Chairman Regalado: To continue the tradition of the Orange Bowl. Commissioner Sanchez: The maker of the motion accepts the amendment. Commissioner Teele: And I would offer one other amendment, and I want you to hear me before you react. The engine that has made the Orange Bowl Parade work is the Metrorail System. The Metrorail System is the backbone that gets a million -- almost a million people plus over a hundred thousand riders documented on that day. If anybody should be nervous and wormy and squirmy, it's the Metrorail people. And so what I would recommend is that we invite the Chairperson of the MPO (Metropolitan Planning Organization), if they would -- subject to their acceptance -- her acceptance to serve on the working group. And the Chairperson of the MPO is Gwen Margolis. And the MPO coordinates and organize the transportation, including the Metrorail. Commissioner Sanchez: Maker of the motion accepts the amendment. Chairman Regalado: Would you also accept to have a component of public relations and marketing? Commissioner Sanchez: Well that -- (INAUDIBLE COMMENT) Chairman Regalado: That's why. But there are people who would like to work as pro bono. Pro bono. 22 March 14, 2002 C. • Vice Chairman Winton: Well, there are people who have the skill sets to think about this -- Chairman Regalado: Pro bono. Vice Chairman Winton: -- creatively think about these promotional ideas. Commissioner Teele: But, see, the Manager, through his Communications Director, has the ability to bring in and put at the table -- Vice Chairman Winton: Any of these people. Chairman Regalado: OK. Commissioner Teele: -- who he would like, I would hope. Chairman Regalado: Stine. Vice Chairman Winton: And we ought to be open to bring any expert we can find to the table to help us figure this out. Commissioner Teele: And I think we should ask you to come back to us as soon as you can with a budget to carry out this function. You know, if we can do it within the City resources, fine. But we need a budget recommendation on how to do this, because we may need to hire some firm out of Buenos Aires, or we may need to hire a firm out of Little Havana or Little Haiti. Doesn't bother me. We need to have a serious plan. And so I would ask that you also come back to us with a budget, the same way we did with the Bicentennial. We need to do this professionally, and do it right. Commissioner Sanchez: And as the Chairman, I would ask this legislative body to direct the administration to provide staff. Chairman Regalado: It's there. Vice Chairman Winton: It's in the motion. Commissioner Teele: It's certainly implied. Vice Chairman Winton: It just got in the motion. Chairman Regalado: It's there. There is a motion and a second to support and continue the Orange Bowl tradition in downtown Miami on December 31" for this year, 2002, and on. Vice Chairman Winton: So move, Mr. Chairman. Commissioner Teele: Second. 23 March 14, 2002 Chairman Regalado: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes, five to zero. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 02-279 A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A WORKING GROUP TO DETERMINE WHETHER TO CONTINUE THE TRADITION OF THE ANNUAL KING ORANGE PARADE ON NEW YEAR'S EVE AND THE ORANGE BOWL FOOTBALL GAME ON NEW YEAR'S DAY; SAID GROUT' TO CONSIST OF THE MAYOR; THE MEMBERS OF THE. CITY COMMISSION, WITH COMMISSIONER JOE SANCHEZ SERVING AS CHAIRPERSON; THE CITY MANAGER; GWEN MARGOLIS, WHO IS CHAIRPERSON OF THE METROPOLITAN MIAMI-DADE COUNTY PLANNING ORGANIZATION, AND REPRESENTATIVES FROM THE DOWNTOWN DEVELOPMENT AUTHORITY, MIAMI SPORTS AND EXHIBITION AUTHORITY, AND BAYFRONT PARI{ MANAGEMENT TRUST. (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: Commissioner Angel Gonz,ilez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None 24 March 14, 2002 2. REFER TO MIAMI STREET CO -DESIGNATION REVIEW COMMITTEE PROPOSED RENAMING OF SOUTHWEST 3 STREET FROM 27 AVENUE TO 37 AVENUE AS CARLOS D'MANT. Chairman Regalado: We are in need of -- to continue the meeting of March 7"'. However, we have visitors here, and 1 wonder -- Commissioner Tcele: We're not ready yet. Chairman Regalado: We're not ready yet. So -- Commissioner Sanchez: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Sanchez: If I may, sir, if I could take my Commission item, we do have family members of Carlos D'Mant here. And this motion basically is just to direct that -- you know, we all knew Carlos D'Mant, and he was a radio personality that everybody knew, and lie was a true human being. I considered him the Cuban Howard Stern in radio, but really, you know better than I do that lie was a true human being that never turned his back on anybody that needed any type of humanitarian help in this community. And it's a great honor for me to make this motion to direct that his -- the naming of the street Oil Southwest 3'-d Street from 27"' Avenue to 37`x' Avenue be renamed after Carlos D'Mant. And I would ask that this motion be sent to the Re -Naming Street Committee, and then come back. And we already have the funding. The family has contacted me, and, of course, all his fans in support that have contacted me, and they are supportive of this, and 1 so move this. Commissioner Gonzalez: Second. Chairman Regalado: It's a motion and a second. Just a point of clarification. The City Code says, Commissioner, that we can only do five blocks. So it would be from 27t" Avenue to 32"', Avenue Southwest. Commissioner Sanchez: OK. Chairman Regalado: There is a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes, five to zero. 25 March 14, 2002 0 • The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 02-280 A MOTION REFERRING TO THE MIAMI STREET CO - DESIGNATION REVIEW COMMITTEE, WITH A POSITIVE RECOMMENDATION, PROPOSED RENAMING OF SOUTHWEST 3 STREET FROM 27 AVENUE TO 32 AVENUE AS CARLOS D'MANT. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None 26 March 14, 2002 3. DEFER CONSIDERATION OF PROPOSED ACCEPTANCE OF PLAT ENTITLED FINGER COMPANY PLAT TO COMMISSION MEETING CURRENTLY SCHEDULED FOR APRIL 11, 2002; WITHDRAW SCHEDULED DISCUSSION CONCERNING REIMBURSEMENT OF OPERATIONAL EXPENSES (CELLULAR PHONE BILL) TO CHAIRPERSON OF COMMUNITY RELATIONS BOARD, MS. ADA R07AS. Chairman Regalado: We have several items that were deferred. We had placed a time certain on the Housing item, which is 6, Item 6. Is it eight? Priscilla A. Thompson (City Cleric): Five. Chairman Regalado: We have also -- yes, Madam Priscilla Thompson (City Clerk): Item 5-C, Chairman Regalado: OK. On 5-C, we need a new vote. A roll call vote. That's Ms. Thompson: That is correct. Chairman Regalado: OK. Item 5-C, I remember, was moved. by Commissioner Teele, but we have a time certain of I1a.m. for this item. That's what the Commission requested. So, we're going to go on -- other than -- Madam City Cleric, other than the Housing, we begin on Item 9? Ms. Thompson: Item 7. Chairman Regalado: Item -- there is no Item 7. Ms. Thompson: I'm sorry. Chairman Regalado: Item 7 was not deferred. Ms. Thompson: It should be Item 8. I think we scratched Item 6 off of your list there. Chairman Regalado: Can I have -- OK. Let's see. Let's see what we have here. Commissioner Gonzdlez: Mr. Chairman, are we talking about last week's agenda that was postponed? Chairman Regalado: Yes. We need -- so we don't get confused, first of all, all the Housing items will be done at 11. So, that's what the Commission requested. Commissioner Gonzalez: That's Item Number 6, correct? Chairman Regalado: So, we are going to start on Item 8. Commissioner Teele: Mr. Chairman, Item 8 of which agenda? 27 March 14, 2002 Chairman Regalado: Of the March 7"' agenda. Here. Vice Chairman Winton. Oh, that's a personal appearance. Chairman Regalado: It's a personal appearance that -- Mr. Mason stood for, I guess, 12 hours or more. Commissioner Teele: All right. And Mr. Chairman, I know where we are and I would just like to bring to your attention that these fire students that are here today are here on Item Number 4 of today's agenda. And as soon as we finish Item 7 of last week's agenda, we can take them ahead of everybody else on this day's agenda. I think -- Let me say this. If they're ready, let's take now Item 4 of today's agenda because I'm sure that Mr. Mason will not mind to wait a few minutes. He did wait all day last week. But I think that, you know, although we really enjoy the presence of these fine young men and women, they need to go back to school, not that I want you to go back immediately to study, but still, you've got to get to lunch time. So, Commissioner, would you do Item 4? Commissioner Teele: Thank you, Mr. Chairman. Mr. Manager, we're going to need the Public Works Director and the NET (Neighborhood Enhancement Team) -- big NET and Mr. Rollason, I believe. Carlos Gimenez (City Manager): Yes, sir. Also, Mr. Chairman, for the March 7"' meeting, we'd like to defer Item Number 19 to April 10", and also we'd like to withdraw Item Number 20. Commissioner Teele: So move, Mr. Chairman. Commissioner Gonzalez: Second. Chairman Regalado: It's been moved and second. All in favor state by saying "aye." The Commission (Collectively): "Aye." The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 01-281 A MOTION TO DEFER CONSIDERATION OF PROPOSED ACCEPTANCE OF PLAT ENTITLED FINGER COMPANY PLAT TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR APRIL 11, 2002; FURTHER WITHDRAWING SCHEDULED DISCUSSION CONCERNING THE REIMBURSEMENT OF OPERATIONAL EXPENSES (CELLULAR PHONE BILL) TO THE CHAIRPERSON OF THE COMMUNITY RELATIONS BOARD, MS. ADA ROJAS. 28 March 14, 2002 • • Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Comi-nissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: Commissioner Joe Sanchez Commissioner Teele: Is Frank Rollason here today? Chairman Regalado: Nineteen and 20 will be on the April 11th agenda. Go ahead, sir. 29 March 14, 2002 4. INSTRUCT MANAGER TO DIRECT PLANNING DEPARTMENT, PUBLIC WORKS DEPARTMENT AND NET OFFICE TO PROVIDE STATUS REPORT OF LITTLE? HAITI AREA STREETS AND SIDEWALKS; REQUEST THAT COMMUNITY DEVELOPMENT DEPARTMENT ARRANGE PUBLIC HEARING AT EDISON SENIOR HIGH SCHOOL DURING SCHOOL HOURS TO TALK ABOUT OVERALL CONDITIONS OF LITTLE HAITI AREA AS PART OF COMMUNITY DEVELOPMENT PROCESS. Commissioner Teele: Mr. Chairman, we have in our agenda Item Number 4, in which 1 will invite the author of the letter please, if you would come forth, please, to the -- I'm advised that many of the students are here with you, is that correct'? Jumel Calixto: Yes, sir. Commissioner Teele: So, why don't you -- our rules require that you would just introduce yourself and give your address for the record and then you and the students -- normally, we allow two minutes per person, but I think you could speak very well for everyone here. If somebody needs to... Mr. Calixte: Oh, yes, there's a few people going to speak. Commissioner Teele: If somebody needs to say something that it wasn't said, the Chairman will probably allow it, but we're delighted you're here. Mr. Calixte: I mean, when somebody conies in the line -- microphone and... Commissioner Teele: Just give us your name and address for the record. Mr. Calixte: Yes. My name is Jumel Calixte. Commissioner Gonzalez: Commissioner Teele, you're talking Item 4 of today's agenda? Commissioner Teele: Today's agenda. Chairman Regalado: Today's agenda. Yes. Commissioner Gonzalez: Thank you. Chairman Regalado: Personal appearance on sidewalks for Little Haiti. Commissioner Gonzalez: All right, I've got it. Thank you. Mr. Calixte: Yes, sir. My name is Jumel Calixte and I live in 376 Northeast 82`1 Terrace in Miami -- in Little Haiti. And the reason why I'm here today is that, you know, nothing has been done as far as concern for Little Haiti. I know Mr. Teele is in -- you know, the Commissioner a part of Little Haiti and if you, Mr. Tecle, take a tour right now, you'll see that nothing has been done for Little Haiti. I came here before, but the reason why I'm here, especially for 30 March 14, 2002 a � beautification. You know, I remember in 1986, something like that, when Pope John Paul came and they put some kind of funny plants, you know, Sable Palm plant in Little Haiti, which is -- they never -- you know, you sec if you go to 62"" Street right now and you see those palm. They never clean it up. They never, you know, beautify them, you know. And we have, you know, sidewalks in Little Haiti. It's a disaster, you know. It's like a third world country. You know what I'm saying? And I'm really upset. When I'm walking in 53`1 Street, 54 -- I mean, 56, 57, all the way up to 79"', you know, it's -- it makes me mad, you know, and that's the reason why. You know, I talked to Mr. John Jackson and he gave me the survey. He said that they going to do something about it, and I hope they do something about it because I don't think we live in a banana republic. Excuse me if I say that. But, you know, Little Haiti area is very -- it looks very bad. And also the police precinct. You know, I live on 82"`i. I haven't seen a police drive through 82"i Terrace for months, you know. If you call them, they take an hour -- you know, as a citizen, you know, I felt like we, you know -- so that's the reason why I'm coming here, you know, to speak on behalf of my community. Especially, we deserve to have a youth center. That's the reason why most of the youth came here, to discuss about the youth center. I know everywhere you go, you go, if you go to Little Havana, you'll rind youth center, a community center. If you go to Liberty City, Overtown, you know, they've got a youth center. They have a program called Night Out, something like that. I don't remember. But we don't have anything. That's the reason why most of the kids, they on the street. When you don't have nothing to do, when you're a teenager, you don't have nothing to do. What you expect, you know? There is nothing to do at night. Daytime, nothing, you know. So that's the reason why I'm coming here, You know. We need a response as soon as possible. We know there is homeland, you know -- money that voted for the community. As far as 1 know, there's about like -- all the Commission - - 1 don't know if I'm right. Most of the Commissioners -- all the Commissioners have five million dollars {$5,000,000} in their hand. 1 don't know if they have it right now, but Little Haiti deserve, you know, they deserve beautification, sidewalk. Little Haiti deserve the police precinct, You know. We deserve a better -- you know, a better place to live, you know. So that's the reason why I'm coming here. We have a few youth that is going to come Lip and speak on behalf of the community and we have Mr. Foureau, who's going to -- Commissioner Teele: Thank you very much. Mr. Foureau, why don't you come up and introduce yourself. We're delighted to have you here. You're from Edison, right? Jean Rene Foureau: Yes. Commissioner Teele: You've got a great principal, too, OK. Mr. Foureau: Thank you. Commissioner Teelc: Your name and address for the record. Mr. Foureau: Good morning. I'm .Jean Rene Foureau. I'm a teacher and I'm also the president of the Haitian Refugee Center, and all of the students here we serve. The address is 119 Northeast 54'x' Street in [little Haiti. And I thank the Commission, I thank the Commissioner Teele for all the work that have been done for Little Haiti and we're here to address certain issues that 1 feel -- that we fccl, you know, should have been addressed way before. Although there has been a lot 31 March 14, 2002 of efforts in making Little Haiti safer and more drug-free, but it seems like the statistics are still the same. You see the area; we have a 60 percent unemployment rate. This is the area where you don't even have a movie theater for the students -- for the kids to be alter school. This is the area where you have no banks, expect for two banks that spread at least six or seven miles apart. So, that tells us there has been some neglect on the part of City officials about Little Haiti, and these students here today are the future voters and they're the ones who, tonnorrow, are going to take over and many, many of you are going to pass the baton to these folks, and it's (inaudible) before that, when you don't have the voting card yet, you know, you cannot participate in politics, but these days we are proving that this is different. These students are the ones directing their parents to cast a ballot, and they are the ones who are going to be representative of this community tomorrow. So, all we're asking is to have a very Comprehensive Plan for Little Haiti so that we could stop living as, you know, our friend Calixte said, in an underdeveloped country, and we need money for structure to be developed. We need to be evolving the same way as everybody else and this is why, you know, we are so numerous today. Thank you. Commissioner Teele: Were you going to introduce any of your fine students? What we'd like to ask the Clerk to do, if we could try to get organized to get the names and addresses of everybody that is down today that would like to get some information mailed to their homes. We'll obviously do it to the school or the class, but if you -- you know, we'd like for our records to reflect you were down here. If you'd like to, and you don't have to, but if you'd tike to give her Your name and address so that we could send you information about this subject as the City develops its plans, you'll be able to get it directly. If there's any other persons to speak, if` you'd just line up so you could give your name and address before you say anything, and please try not to be repetitive, but we're delighted you're here and I'm delighted to see you here. Gilles Mackenson: Good morning, everyone, and my narne is Gilles Mackenson. I'm a student from Edison -- Miami Edison Senior High, and I'd like to ask my question in Creole. Note for the Record: The comments of Mr. Gilles Mackenson were interpreted by Mr. Jean Rene FOureau. Mr. Mackenson: Thank you. Mr. Foureau (Interpreter for Mr. Mackenson): We have been told, you know, by many that entertainment is part of, you know, natural growth for students, for youth. I would like to know wily we do not have a youth center, except for the Haitian Refugee Center, which provides those after school care with our funding. I would like to know why we don't have a youth center for ourselves so that we can keep off the street after- school and have a natural growth like everybody else? Joanne Alder: Hello. Good morning, everybody. My name is Joanne. I represent Miami Edison Senior High School. I'm going to say something in Creole and then he's going to interpret for me. OK. Thank you. OK. Note for the Record: The comments of Ms. Joanne Alder were interpreted by Mr. Jean Rene Foureau. 32 March 14, 2002 Mr. FOnreau (Interpreter for Joanne Alder): I would like to know why, like the Hispanic students, like any other students, we don't have a place where we can go and entertain like everybody else'? We need a youth center for Little Haiti. And except for the few places that attend to our services, we have no movie theater, we ]lave no entertainment and when we do have a private party, it's a hazard to the area because there is no security in this area and this is why we're here today. Commissioner Teele: Thank you. Mr. Chairman, I apologize, l know we're going; to have to cut this off and keep the process open to come back. 1 would ask if the sponsor wouldjust make any closing statement that you'd like to male. You've well exceeded the two minutes allocated for this item. We've been on it for about 15 minutes, but I think you'll be very satisfied with the Commission's response. Would you like to let the other gentlemen at least just give their name and address for the record? Mertune Grevener: Good morning, everybody. I'm Mertune Grevener from Edison Senior High School. I live in Little Haiti, 597 Northwest 69"' Street. Commissioner Teele: Thank you very much. And anyone else would like to introduce themselves for the record? I don't think the gentleman -- Jordanis Junior Jear-Savis: Good morning, ladies and gentlemen. My mime is Jordan Junior Jear-Savis. I live in North -- 5898 Northeast 4"' Court, Miami, Florida, 33137. Mr. Calixte: Yeah, I have something else to say. Well, I just want to know when, you know, we are going to have a response'? Because we're going to come back -- Commissioner Tecle: You're going to have what'? Chairman Regalado: Response. Mr. Calixte: Because we're going to come back again. We don't ]lave to be like on the street and protest. I know this is a bad thing for the City of Miami. City of Miami has a lot of problems right now. We don't have to go, you know, to block Bayshore Drive and we can do that if we want to, you know, but we don't have to do that. But we need an answer as soon as possible for beautification, especially good palm tree, you know. That's what we have in Haitian nag. A palm tree. That's what we want. And I know there is money out there somewhere, somehow. There's money out there. I know Mr. Tecle represent Little Haiti. I ]snow Mr. Teele can do it. So, we need an answer as soon as possible. Beautification -- especially, I forget to say something about the trash pick up. I mean, if you go to Little Haiti right now -- 1 want Mr. Mayor to go and Mr. Teele, who is represent Little Haiti, to go, to take a tour over in Little Haiti area to see what's really going on, you know. I mean, like I said, we're not living in third world country. You know, Little Haiti belong to City of Miami, you know. I have nothing against Little Havana. If you go to Little Havana right now, you'll see that you're in City of Miami, but i f you go to Little Haiti right now -- I mean, you know, come on guys. You ](now, you can do better than that, you know, because Little Haiti is a part ole Miami, you know. Most of the 33 March 14, 2002 people, they drive through Little Haiti to go to South Beach. Commissioner Teele: Thank you very much. Mr. Calixte: You know. Commissioner Tecle: Why don't you let us give you a response to some of this right now; is that all right? Mr. Calixte: OK. Thank you, sir. Commissioner Tecle: Mr. Manager. Mr. Gimenez: Yes, sir. John Jackson (Acting Director, Public Works): John Jackson, Director of Public Works. I'd like to address just the part about the -- Commissioner Teele: Excuse me. Mr. Manager, with your permission, I'd like the Chief to address the police issues that were raised, as well. Mr. Gimenez: Yes, sir. Mr. Jackson: I'd like to address Mr. Calixte's question about the streets in Little Haiti. I have provided him with roadway condition survey, which you can see there are a number of streets that need rebuild -- to be rebuilt and repaved in the Little Haiti area, and also throughout the City. That represents many millions of dollars. We have -- I -- we have worked on a program, which we'll be presenting to the Manager in the way of just starting to address some of the streets that need to be rebuilt and repaved. We have limited funds, so it's going to take a number of years to totally reconstruct the streets in Little Haiti. We have some projects that -- couple projects that are planned for the appropriations amendment today that will rebuild some streets in Little Haiti. So, at least you could see some work that will be started this year, in the summer. That's Northwest i'` Avenue, I" Place, 1" Court, 54"' to 56"'. That's just a start. But -- and then, in the future, we will be working on some resurfacing and rebuilding, but, again, it's going to take a number of years to totally correct all the work -- take care of all the work that needs to be done. Commissioner Gonzalez: Mr. Jackson, may I ask a question, please? I just want to confirm -- I believe we had a conversation last week about what it would cost to rebuild the streets in the City of Miami, and I believe that we were talking in the bulk figure of about eight hundred million dollars ($800,000,000), correct? Mr. Jackson: Yes. Hundreds of millions of dollars. Yes, sir. Commissioner Gonzalez: Exactly. But -- more exactly, was about eight hundred million dollars ($800,000,000), right? 34 March 14, 2002 • Mr. Jackson: Yes, sir. Commissioner Gonzalez: I don't think we have the eight hundred million dollars ($800,000,000) available at this time. We have -- the street situation that we have in Little Haiti is a situation that we have all over the City of Miami, with the exception of a couple of areas and I'm not going to mention the areas, but we have that situation in Little Havana; we have that situation in Wynwood; we have that situation in Flagami; we have that situation in Overtown; we have that situation in Model City; we have -- you know, so it's a situation that has been developed throughout the years because CDBG (Community Development Block Grant) didn't have the resources to -- or neglected to take care of this situation back 20 years ago or whatever. So, what I'm trying to say for the public that is listening to this is that this is not a problem of only a particular area. This is a problem that affects all five districts of the City of Miami. It affects all five Commissioners. I'm sure that Commissioner Winton has the same kind of problems in his district and it's something that is going to take some time. It's going to take a lot of money to resolve it and we are addressing it, that we're working on it the best that we can with the resources that we have available to us. We just bought a bond -- we just passed a bond issue of two hundred and fifty million dollars ($250,000,000), but those two hundred and fifty million dollars ($250,000,000) is not going to go to one sector of the City of Miami or to one community. I hope that they'll be distributed throughout the entire City of Miami, and that every ethnic group and every community of the City of Miami get the benefit of the fiends. Thank you. Commissioner Teele: Mr. Chairman, on the matter. Let me -- I think a lot has been said. I think one of the things that would be helpful, if the Clerk would make a verbatim transcript of everything that is said on this item and give it to the Manager and let them give a very comprehensive response in writing to everyone that has spoken and given it for the record, and we also should give it to the principal of Edison. And the principal, by the way, what's -- we didn't put his name on the record. But he is one of the outstanding principals in the whole Dade County School system. Wasn't he Principal of the Year or up for Principal of the Year? What's the principal at Edison's name? Put it on the record for us, please. Mr. Foureau: Santiago Corrada. Commissioner Teele: Santiago Corrada. And he is -- wasn't he -- candidate for Principal of the Year? Mr. Foureau: Yes, he was Principal of the Year for the whole County. Commissioner Teele: For all of -_ what year, last year? Mr. Foureau: Last year. Commissioner Teele: And he is a tremendous individual who is totally committed, and I really do want you to carry our appreciation for you being here and we'd like to make sure that we get more linkage with the school -- the entire school -- 35 March 14, 2002 Mr. Foureau: Most certainly. Commissioner Teele: -- through that, but this principal -- l mean, I've got a lot of principals -- I've got a whole lot of principals in my district, but I'm telling you right now, he is a phenomenal individual that is totally committed to the community of Little Haiti, and I say that for this reason. He didn't grow up in Little Haiti and he's not of Haitian American descent. In fact, he's Hispanic Cuban American, And I know of no one in the educational system more committed to the area that he's serving than this fine individual. And I say this for a reason, primarily to the children that are here -- and we appreciate you're being here. We live in a unique City. We have a lot of races here, a lot of cultures, and we need to be very careful when we talk in the public, that we don't offend anyone intentionally or unintentionally. Calling the City a banana republic or saying this is not a third world city is very offensive to some people. We had people who got mad at us and started throwing bananas out on our doorsteps here. That was done out of meanness. It's like putting tip a cross -- a Klu Klux Klan cross in another neighborhood. It's done out of meanness, and we need to come together and work together based upon our unique cultures, our unique languages. I'm so happy that you spoke Creole here today because we don't hear enough Creole, particularly from people who can't speak English very well, and they need to have just as much access to this government as anyone else. It's not whether you're an American citizen or registered to vote. That's -- this is not about politics here. This is about government, and any government in this country has to give you, as a resident, the courtesy and the respect that we give anyone. In fact, the district boundary lines that are being drawn in the County right now, that's being debated, is not based on citizenship. It's based on whether you're a resident, you live there and, so, I said that to say all this: I want to apologize to my colleagues on the Commission for any unintentional offense, and it was unintentional about this being a third world or a banana republic because we are one City and I want to inform you and the public and I want to tell Commissioner Sanchez -- I mean, Commissioner Gonzalez, I respect what you said, but I don't want the message to go out that we're getting ready to divide up the bond issue or he's going to do it. The people divided up the bond issue when it went to the vote. Virtually every dollar and every project was listed -- and we can't change that listing. The largest single project in that bond issue goes into Little Haiti; is that correct, Mr. Manager? Mr. Gimenez: Yes, sir, Commissioner Teele: And what is the amount of that bond issue earmarked? No, sir, it's not ten million. Mr, Gimenez: I think it's twenty-five million for the park. Commissioner Teele: The largest single bond issue, bigger than what the Police Department gets, bigger than what any -- and I apologize about references to Little Haiti because if you're going to make your argument, make your argument for what you need. There's no need to dump on anybody else. If you want to come here and talk about what you need in Little Haiti, you're welcome. If you want to come here and compare Little Haiti to Overtown and compare Little Haiti to Little Havana or compare Little Haiti to Morningside, thanks, but, you know, I'm not going to listen to you, candidly, because it's not right. Make your case and we'll listen to you and we'll respond and we'll respect you, but let's respect all of the other neighborhoods and all of the 36 March 14, 2002 other communities. Ladies and gentlemen and members of the public -- because this is on television -- Little Haiti is, in my opinion, the most deteriorated neighborhood that I have gone to in the entire City of Miami, and it happened over 30 or 40 years of abuse and neglect. This Commission and each of these persons here voted unanimously to put the bond issue and put the largest single item on the bond ISSIIe III Little Haiti. In addition to the twenty million -- is It twenty or twenty-five? Mr. Gimenez: Twenty-five. Commissioner Gonzalez: Twenty-five million. Commissioner Teele: In addition to the twenty-five million dollars ($25,000,000), there's another item that has a value of about fifteen million dollars ($15,000,000) that Little Haiti is in the competition to try to compete for. Where the soccer field is going to go, I don't know. If it's going to go to the Orange Bowl -- ten million -- if it's going to go to the Orange Bowl, maybe. I'm going to have to try to convince Commissioner Sanchez that it really shouldn't go to Orange Bowl. Or whether it goes downtown in Vice Chairman Winton's district, maybe it should go. I don't know. Personally, I think the soccer field should go into Little Haiti, but that's a subject for another matter. And, so, this Commission is committed to responding. The particular issue of roads, sidewalks, landscaping, I couldn't agree more with you, my friend. You are one hundred percent right and you're welcome to cane down here every month, every time we meet, and put it on the table, because the conditions in Little Haiti, as relates to sidewalks and infrastructure, are deplorable, but it didn't happen two years -- I've been here three -- going on four years. It didn't happen four years ago. It happened 20 years ago and it hadn't gotten better. And, so, what I'd like to do is get the opportunity to do two things: One is to give you a complete report, through our Planning Department and our Public Works Department and NET Office, on where we are and how much needs to be done. And number two, I'm going to ask the Community Development Office to set a special public hearing at Edison School, during school hours, to just talk about the overall conditions in Little Haiti, as a part of our CD (Community Development) process, and I will invite any of the Commissioners to come, the Manager, of course, and we'll come over and give you a full report on everything that's going on in Little Haiti and what needs to be clone. And the final point is this: In the second meeting on April -- on April 25'x', we're going to have a meeting and we'll set that meeting when it's convenient for you. We're going to vote on whether or not to give an agency the opportunity to build a youth center in Little Haiti. That item has gone out for bid. It was publicly noticed. Three or four organizations applied. The "Y", I think, was a successful bidder. They're going to come back to us and give us their plan and we're going to consider it, and we've heard everything that you said. 1 couldn't agree more, Mr. Chairman and Mr. Manager and my colleagues, that Little Haiti does not have any City and very few County facilities that are adequate for the youth and I would appreciate very much if we could expedite this matter, Mr. Manager, and get it to us by the end of April so that we could vote on it and give these people a very frill response. Thank you, Mr. Chairman. Commissioner Gonzalez: Mr. Teele? Commissioner Teele: Yes, sir. 37 March 14, 2002 Commissioner Gonzalez: Let me tell you, I don't have any problems with the Haitian community to come to this Commission and speak in Creole. 1 don't feel offended and I like it. You know why'? Because I remember in 1959, 1960s, when we came to this City of Miami, we could not come before this Commission and speak in Spanish because we were not allowed to speak In Spanish. We were not allowed to use the international operator in Spanish to communicate with our country. We were not allowed many, many, many, many things, but I think there has been a lot of improvements and 1 really appreciate, not only the Haitian community. I don't care what language you speak. We have to listen to the residents of the City, independent of being voters or being citizens or being whatever they are. They have a right, as long as they're residents of this community, as far as I'm concerned, they have a right to address this Commission: They have a right to be here present and request assistance from our City government. But one thing that I want to finalize. One thing that 1 want to make a point of is that many communities look at -- specifically the Cuban community and the progress of the Cuban community have made in this City and you need to be aware that we arrived back in the City of Miami in 1959. We started to arriving here in boats, the same way that you have arrived to the City of Miami and we have been working very hard, making lot of sacrifices and working part-time and over -time, full-tirne and all the time, so you can imagine and that's the reason of 41 and 42 years of sacrifices from our mothers, our fathers, our grandmothers and fathers is the reason that today the Cuban community has improved the way it has improved. So, you've got to be a little bit patient. You've got to give us a chance. We're going to be over here working to make sure that the services are provided equally to everyone, disregard of race, nationality, or whatever, and we are going to be here working for all of you. Thank you. Chairman Regalado: Thank you, sir. It's -- Commissioner Winton. Vice Chairman Winton: 1 have one -- two quick points. One, I would really like to thank all of You -- are you all from Edison Senior High? Well, welcome to the City of Miami City Commission. Y'all come back more often because it would be really fun to have them sit through the whole Commission meeting because if you ever sat through a whole Commission meeting, you would leave here either shaking your head like "What was that that I was in?" Or leave here having a fuller appreciation for the kinds of issues that this Commission is taking on today. And Commissioner Teele said it earlier; he said he's been on the Commission for four or Five years. I think -- Commissioner Teele: Four. Vice Chairman Winton: Four. I think the longest serving member is six years? Haven't you been here six years, Commissioner Regalado? And I've only been here two. And all of us got here and got elected because we viewed our entire City the same way you do. This City was a disgusting mess and it had been rim by a bunch of -- I should be more polite. I'll take Commissioner Teele's words to heart here. I'll be a little more polite about this. We did not have quality leadership, either administratively or politically, for almost 20 years in the City and we went on a 20 -year spiral down into the tank. And, so, we're a]I working hard to push us back up and I don't think there's anyone rip here that doesn't agree that Little Haiti has huge challenges, but I will also tell you that if you ever looked back at the transcripts for certainly the last two years, we've had as much or more dialogue and focus on what we're going to do to solve the 38 March 14, 2002 problems in Little Haiti as we have on any particular geographical area in the entire City. So, we are focused on these issues, but what we don't have, we don't have unlimited money and we don't have a magic wand that we can just wave across and say, abracadabra, we're solving the problems. It's going to take -- it's going to take commitment, time, money, and it has to get in a pecking order because we don't have all the money to do it all today, so we've got to get priorities established. And what I wanted -- my last point is that I want to add on to Commissioner Teele's point about the management putting together a report for you all. What we'll need to do is identify very specifically the projects that we already have in planning, so that when that report goes back to you, you'll be able to see that we're going to do sidewalks from this block to this block to this block on this date, and we're going to do road paving from this block to this block to this block on this date, so that you have very specific projects that are already identified, that already have dollars committed to them, and the timeframe in which we're going to begin to do those things so that yon► will see -- and you know, I don't think John Jackson had a full appreciation for what you were going to ask for today, but if l were John Jackson, when I gave you the answer today, I wouldn't have said anything about "Well, we're working on stuff." I would have said, "Here's the projects that we already have planned and the money we have allocated and here's where we're going to start them," and then you would have felt a lot better. So, lie didn't have an opportunity to put that together, but we will give you that information so that you can see there are specific things that we will be doing next month and the month after and the month after, and we'll bring you a list of the thinks that we think, through Commissioner Teele's leadership, are the next wave of projects that we're going to be doing, whether it's through the bond issuanceor money we already have or projects where we simply don't have the funding and we've got to figure that out. Commissioner Teele: Or Community Development dollars. Vice Chairman Winton: That's correct. So, we will bring that information to you, in detail, so You can really understand how the system works and have a clear appreciation for where the dollars are coming from. But thank you all for coming and come back any time. Get your principal to let you come for a whole meeting. Chairman Regalado: And be prepared to stay until I 1p.m. at night. Vice Chairman Winton: Right. We stayed here until 3:30a.m. Start at 9:00 and leave at 3:30 in the morning. I mean, there's a lot of issues that comes before us, so we'd love to have you back. Mr. Calixte: I have something to add. I'm not trying to offend anybody. I said... Commissioner Teele: No, no, no, no. No offense... Mr. Calixte: No. I'm not -- you know, when you say -- I didn't say that. I said, you know, we don't live in a third world country, you know. That's what I said. Commissioner Teele: We all know America's boundaries. Mr. Calixte: Yes. I have a lot of respect for you, Mr. Teele. 39 March 14, 2002 Commissioner Teele: But I really want to tell you how much I appreciate you coming, and we're going to give you -- Mr. Calixte: I love the City of Miami. You know, this is my City. Commissioner Teele: While we're -- Mr. Calixte: Because the point is that we didn't call him name. People come from other cities, they (inaudible) to Little Haiti. They call us third world country, banana republic. Commissioner Tecle: Well, that's what -- and that's what we've got to stop. I.n fact, Ijust read in the newspaper that the mayor of San Francisco said something about it. Mr. Calixte: I know; I heard about it yesterday. Commissioner Teele: So -- and he's a great guy. You know, I'm trying to get him to come down here. Mr. Calixte: Also, I have to give a thumb's up for Mr. Rollason and Mr. John Jackson, those guys, whenever you need them, you call them and you find them. And l give a thumb's up for them. Commissioner Teele: Website. Anybody have a computer at home or at school? Everybody`? Website. Write it down www dot -- I'm going to give it to you -- your teacher that's with you, and I'm also going to give him a copy oPthis report that contains almost everything that you said, that you talked about here, and we're going to give one -- website is www clot ci dot Miami, M -1- A -M -I, dot Florida -- fl dot us slash T -E -E -L -E, and there's a -- Vice Chairman Winton: You better reread that three times. Commissioner Teele: Give it to the principal and the staff. But that website has about five hundred pages of discussion, research and reports on the need for a youth park, a youth facility and the sidewalks, and we'd like for you to read it and give us your comments. And maybe you can send us some e-mails and tell us what you think ought to be changed in that. Thank you, Mr. Chairman. I appreciate your indulgence and that of the Commission. Thank you. Chairman Regalado: Thank you. Very happy to do that. 40 March 14, 2002 5. REQUEST MANAGER TO CONSIDER CHANGING CHAIN OF COMMAND IN CONNECTION WITH ADMINISTRATOR OF EQUAL OPPORTUNITY DIVERSITY PROGRAMS BY ALLOWING SAID INDIVIDUAL TO REPORT DIRECTLY TO MANAGER INSTEAD OF DIRECTOR OF HUMAN RESOURCES. Chairman Regalado: We're going to go back now to the March 7"' agenda. We have a personal appearance that we owe to Mr. Sam Mason, and he would like to address the Commission concerning the Equal Opportunity -- Vice Chairman Winton: Thanks for coming. Chairman Regalado: -- Advisory Board, Before I do that, let me just say on the record that we have reports from different boards that are going to be done in the afternoon. However, we have deferred to the April 11`x' meeting the report by the Health Facilities, the Historic and Environmental Preservation Board, the Cultural and Fine Arts and the Community Relations Board. Those four boards will be in the April 11 "' agenda. So, Madam City Clerk, if you can take note of that. Mr. Mason, I apologize, what you had to endure last week, and, sir, I welcome you. Sam Mason: Thank you. To the Chairman, Mr. Regalado, the distinguished and distinct Chairman of the Commission, to the noteworthy Commissioners who have traveled the width and breadth of this City, whose deeds and decorations have made us deservingly proud, and to the hard workers of the administration, officers, staff, to the distinguished assembled guests, our question is that our work speak for us. I come before this Commission as the Chairperson of the Equal Opportunity Advisory Board to ask this Commission to revisit the order that was putting our board under a department head. We're asking, as we did in our annual report that our board act as an independent arm. Due to the fact that there's no consent decree, it's incumbent upon our board to see that diversity and equal opportunity is shared in the workplace of the City of Miami. We would like to do the kind of job that we've done in the past. We think we can do a better job in the future with your directions in terms of this item. We think that we have the City Attorney, who's in our meetings at -- monthly, and we've invited several of the Commissioners to our board meetings to see what we're doing, to express our willingness to deal with the issue of independence. So we would ask this board to do this. All we are doing is asking for your direction. And in closing, I would give our personal thanks to this Commission for the rarest gift of them all, the gift of your kindness, the gift of your charity to each other and to the City of Miami. Thank you very kindly. Chairman Regalado: Thank you. I think that Mr. Mason -- Mr. Mason, I think that we might need some Commission action here on what he's saying. What he is proposing is that the Equal Opportunity Advisory Board will go back to the way it was structured, which is sort of an independent entity that will not be under the Manager. Is that -- Mr. City Attorney, there has been some change, and they claire that that would make the board ineffective. Carlos Gimenez (City Manager): Mr. Chairman, I believe what he's talking about is really that we did an internal change within the administration, whereas the Department of Equal Opportunity used to be a department, now reports to Human Resources. And so I think what he wants to do is to get that back from Human Resources and have it reporting directly to the Manager. We did that because we thought it belonged in Human Resources, but there's also stipulations that the head of that particular division can 41 March 14, 2002 LJ come to the Manager any time she wants to discuss any issue she Employment Opportunity), so she has direct access to me, anyway. put it under Human Resources. I believe that's what he's talking reports to you. They don't report to me. • wants concerning with EEO (Equal But ill terms of organization, we just about. But the Advisory Committee Chairman Regalado: No, but I think that what he's saying is that it becomes very uncomfortable to be the body that will hear the complaints about employees being an entity that responds to the Human Resources and not to the Manager. I mean, this may be a technical thing, but it's the perception that the board and the members have. Is that how you see it? Mr. Mason: That's right, sir. Chairman Regalado: So do you have any problem in going back to the Manager on this board? Commissioner Sanchez: Mr. Chairman, if I may, just a simple question. Mr. Mason, do you see a problem with communication from your board to the City Manager? Is that a concern that you have? You don't think that the message is getting to him? Or -- Mr. Mason: In absence of the consent decree, the responsibility upon our board is to see that this diversity and equal opportunities is shared as you Commissioners deem it's necessary. We figure that this is an extra -- under some department wherein we may have to do something in that department. It's a conflict, I mean. We figure that you're tying our hands. So we're asking to give us that independence that we could come directly -- We have the Attorney, City Attorney sits in our meetings every meeting. Commissioner Sanchez: So what are you asking for? You're asking to have direct access to the Commission? Chairman Regalado: No. He's asking -- Commissioner Sanchez: Or the City Manager? Chairman Regalado: He's asking to go back to the way the board was. Commissioner Sanchez: Mr. City Manager, do you -- Mr. Gimenez: The board has not changed. There is no difference with the board. The board has direct access to me, or actually, it's a board created by the Commission, so actually, it's your board. All right? The only difference is that the liaison, the peoped that I have, the staff people that are working with the board, which is the EEO Department, all right, or the Equal Opportunity Department used to be a separate office of the City Manager, and now, it has been included into the Department of Human Resources. That's the only difference. And, you know, quite frankly, you know, I think there's something been made out of -- much ado about, really, I don't think very much, because he has -- he can call me at any time, talk about any kind of issue he wants, or he can talk to you on any kind -- I mean, because it is your board. This is not my board. It's just a question of how the liaison people are organized within the administration. And that's the issue. 42 March 14, 2002 Chainnan Regalado: OK, But, Mr. Manager -- Is that the will of the board, or are you just speaking by yourself? Mr. Mason: The board, in our annual report, we spoke on this issue. We invited Commissioners to our board meetings to discuss this. They all gave us their support that -- Commissioner Sanchez: Mr. Mason, Mr. Mason, do you have a resolution passed by your board, asking for this? Did your board pass a resolution for these changes, supporting these changes? Mr..Mason: Definitely. We have -- in our annual report, we stated it in there -- Chairman Regalado: So, you know -- Mr. Mason: -- when we came before the board. Chairman Regalado: It's up to the Commission to comply with the wishes of the board. I would think that because it's our board, it's appointed by us that, you know, we should agree with that. I mean, I don't know. The Manager says it's much to do about nothing. But I don't know if there is a problem for the Manager to take their desire and make it happen. Do we have a problem, Mr. City Attorney, Mr. Manager? Alejandro Vilarello (City Attorney): Mr. Chairman, you have the right to request that the Manager consider reorganizing that chain of command. The day-to-day operations of the operation of the City are at the Manager's discretion. i don't know that anything has happened here, other than the assignment of the liaison to this board has changed from under the Manager's office to under Human Resources. The City Commission can ask the Manager to consider modifying that. Chairman Regalado: That's what I'm saying. Exactly, that's what I'm saying. So do we need some kind of resolution here, Mr. City Attorney? Mr. Vilarello: You don't need a resolution. A motion would be appropriate if you want to give him that direction. Chairman Regalado: The motion, Johnny, the motion is that they wish to respond directly to the Manager, instead of Human Resources. I think it -- you know, and we are requesting that the Manager will consider that. So do we have a motion? Vice Chairman Winton: Well, do all of the boards do that? Mr. Gimenez: No, this is not -- "they" is one person. They report to you. The board reports to you. They're not my -- they're not the City Manager's board. The liaison that we, the administration, appoint to that board in order to help them with their work, that used to report -- be part of the Manager's office. It used to have -- be its own office, all right? That was merged into the Department of Human Resources. That's the issue they're talking about. 43 March 14, 2002 Vice Chairman Winton: So why would we be suggesting to the Manager that he reorganize his reorganization just to -- You know, what difference does it make where that person happens to sit? I mean, 1 don't get that. Chairman Regalado: No, but what they are -- We are not asking the Manager to reorganize all the boards, just the Equal -- because let me -- What I understand, the perception that they have, the board -- the board is very uncomfortable to discuss issues that employees bring to them and to have a liaison that works directly with the Human Resources. They would rather have a Manager liaison rather than the -- because the board deals with complaints from employees who report to the Human Resources. See what I mean? That's what I understand, that they have this problem. And -- Vice Chairman Winton: And that's not a bad point. Chairman Regalado: They have a point. Vice Chairman Winton: I understand the point, yeah. Chairman Regalado: They have a point. So if we have a motion to -- Commissioner Gonzalez: I second the motion. Chairman Regalado: It's been moved and seconded. All in favor, say "aye." The Commission (Collectively): Aye. 44 March 14, 2002 n • The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 02-282 A MOTION REQUESTING THE CITY MANAGER TO CONSIDER CHANGING THE CHAIN OF COMMAND IN CONNECTION WITH THE ADMINISTRATOR OF THE EQUAL OPPORTUNITY/DIVERSITY PROGRAMS BY ALLOWING SAID INDIVIDUAL TO REPORT DIRECTLY TO THE CITY MANAGER INSTEAD OF THE DIRECTOR OF HUMAN RESOURCES. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None Chairman Regalado: Thank you. Mr. Mason: Thank you. 45 March 14, 2002 6. DIRECT MANAGER TO IMPLEMENT AFFORDABLE HOUSING SUMMIT INCLUDING ALL COMMUNITY DEVELOPMENT CORPORATIONS AND FINANCIAL INSTITUTIONS INVOLVED IN COMMUNITY DEVELOPMENT FUNDING; DEFER FUNDING POLICY DIRECTIVE FOR TIERS ONE AND TWO UNTIL AFTER SUMMIT; ADMINISTRATION TO MAINTAIN LEVEL OF FUNDING FOR 28""' YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOUSING ADMINISTRATION TO MATCH 27"' YEAR (See #20 & 47). Chairman Regalado: It's eleven o'clock, and we need to take the items that were left out from the housing area last Thursday. We need to discuss Items G and 8. There was also 5-C. That item, S -C, the Item 5-C was moved by Commissioner Tecle and seconded by Commissioner Gonzalez, and it was passed. However, I'm told by the City Clerk that we need to do something on this. Priscilla A. Thompson (City Clerk): Yes. We need an actual roll call on the vote. Correct, Sylvia? Chairman Regalado: It's a resolution. Ms. Thompson: Yes. But the roll call was to deter. Chairman Regalado: So what -- Oh, OK. OK, OK, i know what they mean. We deferred this, but we didn't vote on it, on deferring this item. So -- Commissioner Teele: Which item? Chairman Regalado: 5-C. You moved to defer. Commissioner Teele: When'? Chairman Regalado: Last week. Last week. Commissioner Gonzalez: 5-C? Chairman Regalado: Yes, 5-C. This is -- Commissioner Gonzalez: On Commissioner Teele's -- Chairman Regalado: No, no, no, no, no. This is a regular agenda item. Commissioner Teele: Of today? Chairman Regalado: No. Of last week. Ms. Thompson: Of last week. This conics from the meeting of March 7"'. There was a vote to defer discussion on this portion, 5-C, to today. At 1 1 a.m., we were supposed to take it up again. 46 March 14, 2002 Vice Chairman Winton: And we didn't vote on it. Ms. Thompson: You voted on the deferral, but not on the actual item. Commissioner Teele: But it's now before us for -- Chairman Regalado: It's now before us for the actual vote. That's what -- So we need to start with 5-C, that it wasn't voted on, plus 6. On 6, you may remember that we did vote for the calendar, but we did not vote for the rest of the administration's, I guess, issues regarding the housing administration and other policy changes. So do you want to discuss first 5-C, before going; to the policy issues of 6? Vice Chairman Winton: Why not? Chairman Regalado: Why not? Com►nissioner Tecle: Let me just understand the background. We did vote to convene a summit on housing; is that correct? Gwendolyn Warren (Director, Community Development): Yes, sir. Commissioner Teele: And we've asked L1SC (Local Initiative Support Corporation), and Greater Miami Neighborhoods, and all of our consultants, plus I think Commissioner Winton asked for some other people. So that process is moving, right? Ms. Warren: And additionally, we talked to USHUD (United States Department of Housing and Urban Development), yes. Commissioner Teele: Excuse me'? Ms. Warren: Additionally, there has been a meeting with HUD since the last meeting, and they are very interested in the issue and being involved in assisting in the summit, and bringing in technical support, because ultimately, whatever we come up with, they have to approve. So they would like to be involved and provide technical support to the City to -- Vice Chairman Winton: Makes lots of sense. Ms. Warren: -- on the issue. Vice Chairman Winton: Great. Commissioner Tecle: So what we've sort of agreed on, and I don't want to -- Think about this before you answer, because I don't want to back you in a corner. But what we've sort of agreed on, in deference to Commissioner Gonzalez, as I understand the debate, that we're not going to take any final, final, final decisions until after the summit. Is that -- 47 March 14, 2002 0 Ms. Warren: I think this is -- There's two things that you directed us to do. One, provide you additional data over a longer period of term than three years. We provided that. You also directed, and I think everybody agreed that the summit was necessary. As 1 indicated, we've additionally talked to HUD (Department of Housing and Urban Development). There are some agencies that require that we do develop some kind of policy to deal with their operational costs, because before the summit will occur, they will need operational monies to get started. So what we are asking is that staff be directed to work with those agencies with the support of USHUD, to come up with some kind of operating policy for those agencies who need administrative support now, so they can go forward, and that we deal with the bigger issue of housing and how to be more effective at the summit. Commissioner Teele: Ms. Warren, what was my question? Ms, Warren: Your question was: Did we agree on the summit? Commissioner Teele: No. Chairman Regalado: No. If you want to defer -- if we want to defer this until after the summit. Ms. Warren: We can't. Agencies need money. Commissioner Teele: That was not my question. My question is this -- and I want to be clear on all sides of this. We are not -- we are committed. I'm committed to joining Commissioner Gonzalez -- let me put it that way -- in passing a resolution not to take any linal actions regarding any of these agencies until we've had this summit. Ms. Warren: OI{. Commissioner Teele: That's final action. I'm committed to supporting the staff recommendation that you be instructed, the Manager be instructed to come back to us with an interim solution and formula, a recommended formula for administrative support for those organizations that are in this box until after the summit has been held, and a decision could be made. Is that a fair way to -- Vice Chairman Winton: I have maybe a little different thought on that. And it may be the same thing you're saying, Commissioner Teele, and I just don't understand it clearly. But it seems to me -- because we had this discussion last tune about the length of time it's going to take to do this summit. And I remember we all agreed that we didn't want to rush the summit and end up with the wrong answers; that the summit really is going to give us long -tem solutions to this problem, presumably. That said, then, it seems to me that what we really need to be suggesting to staff is that this re-engineering of the way we've been doing this stuff almost needs to be put on hold, and that they need to come up with -- They need to just kind of re-evaluate, right now, forgetting about the re-engineering, but make some recommendations for this year, so we get this year past us. We get the schedule past its, we get the commitments past us for this year, because I don't think we're going to get the summit done in time to follow all the federal guidelines we 48 March 14, 2002 have to follow to be able to solve the interim problem with the agencies right now and get the summit done. Commissioner Teele: I agree with you, and I agree 100 percent with you, if this year means till September 30`" Vice Chairman Winton: Right. Commissioner Teele: Now, if this year means their fiscal year, I'm not in agreement. Vice Chairman Winton: Well, I'm not sure I know what "this year" means. Commissioner Teele: Their year, their year is different frorn -- their year, being the CD (Community Development) calendar, is different from the City finance calendar. So if we're saying through the -- Commissioner Sanchez: September. Commissioner Teele: -- fiscal year, September 30`x' that they should be funded on a prorated basis of what you're recommending for the full year, I'm fine with that. Ms. Warren: All agencies are currently funded through September 30"'. The new policies would not go into effect until October 1. HUD has indicated that they will provide the resources and come to the table immediately, because of the nature of the issue. Commissioner Winton: Then maybe we can do all of this. So you're -- you know, it's -- she's saying it doesn't go into effect until September 30? Ms. Warren: October 1. Vice Chairman Winton: October 1. And we're agreeing that it shouldn't go into effect until October 1. So every -- the agencies will be fine. We get the new policy -- Commissioner Teele: Well, they're not fine, though, Johnny. And I don't mean to be abrupt, but let me say this: I'm fine with that recommendation, and I'll support that. But we need to also know that everybody who works at that agency, as a result of this debate and this discussion is not going to be fine, because they don't know if their car payment is going to be made. They don't know if they have a job. Chairman Regalado: After October I . Commissioner Gonzalez: After October 1. Chairman Regalado: After October 1. 49 March 14, 2002 Commissioner Teele: And I'm saying, so it's not -- I wouldn't want to say they're fine because - Vice Chairman Winton: bine. I mean, you're picking on my -- Commissioner Teele: No, because what -- what it really does, it does impact these agencies' ability to go ahead and move. Now, it could have a converse effect, and that is, they may get out here and run like the devil and get it done. Vice Chairman Winton: Yeah. Commissioner Teele: So -- but I can support it is what I'm saying. Vice Chairman Winton: Yeah. And I -- so -- Commissioner Gonzdlcz: Commissioner Teele, would you yield? Vice Chairman Winton: Yeah. Commissioner Gonzalez: Chairman Regalado, Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Gonzalez: OK. I invite any and all of the Commissioners to go to the Latin Quarter Project on Southwest 8"' Street and 15"' Avenue, and you will see that project going on. They're working on it. Every day, you'll see all kind of machinery working there, people building the -- How many units are we talking about? Sixty some units, right? Anita Rodriguez-Tejera: Forty-five units housing, two levels. Commissioner Gonzalez: Plus a commercial -- Ms. Rodriguez-Tejera: Two levels of parking and 15,000 square feet of parking. Commissioner Gonzalez: Right. I also invite you to go to Allapattah, and you will see that (inaudible) Plaza One should be finished, 21 units, by -- probably will be -- you all are going to be invited to the ceremony. It will probably be by the end of May as this year. As I stated before, if it wouldn't have been because of the previous administration of the City of Mianli, and some people that are still in the administration of the City of Miami that caused that project to be stopped, we would have had 21 families already living in there two years ago. OK? But that's water under the bridge. By May, we should have 21 families owning a new home, OK? And paying taxes on a piece of land that used to be a crack house, OK? A prostitution place across the street from a high school, all right? And we combated it. At the same time, by June 1`t, we should start ground breaking on another 32`1 units on 39`x' Street and 17"' Avenue. And Commissioner Teele, this, 1 believe, is a part of your district. On these two projects, we have a combination of ownership that includes Afro-Americans and Hispanics of all different nations -- 50 March 14, 2002 0 OK? Are going to be the people residing in there. So f can see how we can -- and I know you believe it's also working in three projects that are going under construction right now. I know BAMS (Bethel African Methodist Episcopal) has been working diligently, and, you know, what we've got to make sure is that the first reaction here is, let's take the money away from these people. That's the first reaction -- OK? -- from the administration. Let's take thein off their funds, without really going into a deep study of why are these people having so much trouble in building these homeownership affordable houses. We also have another project in Allapattah, which has been doing -- which has been done by CODEC (Community Development Corporation), which 1 don't know how many units they are. It's probably going to be -- the third phase of that unit is probably going to be another 50 or 60 units -- OK? -- of homeownership affordable housing. As I stated publicly on a radio program last week, if we take these people, these agencies out of the program of building homeownership affordable housing for the low- income families of our City -- OK? -- I don't know who is going to do that. I don't know if Community Development is planning to start a new department to build affordable housing for the low-income families of our community, or if they just decided that they don't want to help anymore the poor people of our community; that they only way that they can achieve to have their own roof for them and their families is through the work of these agencies, which I realize that sometimes, they take a long time to produce a project, but it's not their fault. It's the fault in many, many cases of the same administration that gives them the money to construct the projects. So I respectfully -- knowing the area, because I used to work on that for many, many years, and knowing the difficulties, and knowing the things and the problem that these people have to go through, I respectfully request from my colleagues that we be very, very careful on how we address this issue. And we need to be sure that we are fair whenever we make any kind of decision that has to do with this program, housing program and these projects. And 1, for one would be willing to go with any of the CBO's (community based organizations) or the citizens of this City and inspect your projects. I'm not afraid, as many administrators of this City, I'm not afraid to get my shoes into the mud -- OK? -- and walk between the bricks, and to see your projects. So you can count on fine, that I'm willing to go and inspect your projects, and see what you're doing. And I'm going to be behind this, because I know that we talk a lot about helping poor people, about helping the people, you know, that suffer the most in the City, but, you know, let's put our money where our mouth is. We're really here to help low-income families. And that is the purpose of USHUD. That's the purpose that USHUD brings and sent that money down. One thing that I would like to know is how much money we have been spending on this end, on this department in the past, and how much -- how many projects were produced ten years ago? And how much money are we spending in administration right now? OK? And how many more people do we have in this department working now? And I want to see, because what we tend to do is increase bureaucracy, increase salary for the administrative personnel of the City, and cut, and cut, and cut on the people that are really performing out there in the field. Thank you very much. Chairman Regalado: Commissioner Sanchez. Commissioner Sanchez: Thank you, Mr. Chairman. You know, I'm not going to beat a dead. horse, and I'm not going to go dwell on the past. We -- Every year, we have similar -- and I don't want to call them altercations, but we end up in the same situation that we're in. We could all agree on one thing: That we need to re-evaluate this whole concept. I mean, both sides, at 51 March 14, 2002 ! 0 least when I've spoken to you, both sides have made very valid points. My suggestion is maybe both of you get together, which is the suggestion of this legislative body, through the summit process, to come together with ideas where we're all going to walls away from the table as winners. We've got to meet at the 50 -yard line and find solutions to the many problems that exist. You know, being educated on the issue, that I'm not as Commissioner Gonzalez is, the concern that I have at the process to build is a very time-consuming -- it's a lot of effort, because You've got to buy the property, you obtain the property, WASA (Water and Sewer Authority) connections, infrastructure, all the things that go along. But the bottom line here is that we also have to focus oil that summit, and we need to make some recommendations. One of the recommendations that I would like to make is that maybe you don't see everything together. I think there needs to be a difference between homeownership and rental property. I mean, you have to look at that, because, yes, we need housing, absolutely. Do we need an agency to do it? Yes. Do we want to de -fund thorn? No, because we're going to put them out of business, and then we won't have housing. But what we need to do is [incl solutions to the many problems that exist. And I ](now we'll vote on the issue at the end, but I think that you have to sit down at the table and find a solution, too. One thing that I want to just add oil. The projects that are out there today, we have -- in my district, I believe there's two big projects going on now, Rayo de Sol and yours, in Calle Ocho, which, thank God for starting it, and may we-- We'll be there for the closing of it. But one other thing is that I want to emphasize on. The summit, when you hold the summit, how long is the summit? When do we anticipate on having that summit? Ms. Warren: Again, I met with USHUD on Tuesday, and they have indicated that they have a variety of technical people that they're willing to bring in from Washington who are under contract with them. They have some concerns, but they're willing to work them through with us. They're willing to do this immediately. They have the ability to bring everybody to the table -- the County, the State. Obviously, our funding source is them. And they're concerned about our productivity and expenditures, but they're willing to see this as an avenue for the City to work through the problem. And they're willing to do it immediately. They're working on it now, actually. Commissioner Sanchez: Two points that I want to talk on. One is productivity. To me, it's prudent, productivity. You've got to produce, because if you don't produce, you can't get funds. And we've got to stick to that. We've got to stick to if you don't produce; you're not going to get funded. At least, I'm not going to vote to give anybody money that's not producing, because, You know, time certain, project certain, it costs funds. Every project has to be that way. Tile other concern that I have is that I think we all need to work on is that 1, as a Commissioner, don't want to have close to eight million dollars ($8,000,000), or whatever funds may be out there frozen when the projects aren't being done. I like to somehow fund them; they could get their funding. But when they do have their site, and they do have their thing going, we need to work with them so we don't extend their project. In other words, they got -- they got the site already? Well, we fund them and we help them along the way in a reasonable time, to make sure that we don't hold them back, because, yes, in many cases, we are a part of the problem. Ms. Warren: I absolutely agree. Commissioner Sanchez: And then we have to come to a solution. 52 March 14, 2002 0 Ms. Warren: Again what you -- Commissioner Gonzalez: Commissioner -- excuse me -- Commissioner, the problem is that sometimes, in order to get all of your Funding together, to do a project, it takes a certain amount of years, because the projects are built -- most of the projects are built with a combination of home money from the City of Miami, surtax money from the County -- OK? -- and our private banking. OK? So what happens is the County, for example, has a ruling that they will only give you -- they only give you -- I believe it is half a million dollars or up to a million dollars ($1,000,000) per year. All right? So if you have a project that is going to cost ten million dollars ($10,000,000), and we, the City, decide to give four million dollars ($4,000,000) -- OK? -- we're going to put up one third of the project, four million dollars ($4,000,000), it will take the agency probably four years to get their four million dollars ($4,000,000) from the COLInty. And if you don't have the funding from the City, the County doesn't match your funding;. And if you don't have the Cunding from the City and the County, the private banking won't give you their commitment. So you know, it takes time and it takes a lot of work. Commissioner Sanchez: Let the summit come back with some recommendations. Vice Chairman Winton: That's exactly the point. That's what -- this is exactly what the summit is supposed to solve. And I think what the recommendations that are going to come out of the summit is also going to include expectation. How long, given all of the rules, and regulations, and various layers of funding to do this kind of project, or this kind of project, or this kind of project, they ought to be able to tell us coming out of this summit that you can expect to have to fund an agency to do that kind of thing three consecutive years before it breaks ground, or four consecutive years before it breaks ground, or two consecutive years. I don't know. But those are the kinds of recommendations that have to come out of it, so that we all have realistic expectations relative to performance. So that's -- I don't think there's any need for much more dialogue about all this stuff, because that's what the summit is supposed to do, is figure that stuff out and bring it back to its. Commissioner Gonzalez: I agree with you. Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: I'm in agreement on where this is going. The only thing I think we really need to do also is instruct the staff to work with LISC, Greater Miami Neighborhood, and any other consultant that is not on that list of those funds, and with financial institutions, and then to work with each individual organization to develop a mechanism to make those funds available, Without taking them away from them, but -- I'm talking about these funds that are the issue that's driving all this. We've got about nine million dollars ($9,000,000). And somebody made a very good statement during the debate, public hearing. Giving us a letter saying, "I got you covered" doesn't help us with the bank. 53 March 14, 2002 Unidentified Speaker: Not at all. Commissioner Teele: And we need something a lot more than "I got you covered." What that is, 1 don't know. But we but everybody ought to get together and figure out with the banks, and Fannie Mae, what is sufficient, and the Florida Tax Credit Agency, and the people where the financing is in, and we need to do it not to the Community Development Corporations' requirements, but to the financial institutions' requirements, because that's who we've got to satisfy -- that's who they've got to satisfy. And if the banks, if they say we're dealing with, you know, Barnett Bank, fine. If somebody is dealing with Southeast Bank and they say we can do this, that's fine. Whoever, whatever bank that they're dealing with, we need to get that bank's sign -off, and then take it to the agency, and then let's have that item to come back. But I don't think we ought to wait and do nothing, and let seven million dollars ($7,000,000) or whatever the amount is -- because we are having this problem of fund balances, which Commissioner Gonzalez asked for a report on. I've not gotten a copy of it yet. Did you get yours? Commissioner Gonzalez: No, sir. Commissioner Teele: But we do have the fiend balance problem, which staff is properly trying to identify a solution to. The solution that they presented, I think, doesn't really factor in enough consultation with the banking and lending agencies. Commissioner Winton: Commissioner, aren't -- I think there are six agencies that are affected by this, by this policy. Commissioner Teele: That's right. And how much money is that, Johnny? Vice Chairman Winton: Well, there's two came out, so I think it's like seven million dollars ($7,000,000) or a little under seven. Ms. Warren: It would be seven -- a little under -- about six point eight. Vice Chairman Winton: Yeah. Ms. Warren: But there's also one of the organizations -- Commissioner Teele: Let's don't get into that. Ms. Warren: It's ready to start. The Latin Quarter Specialty Shop. So they're also -- their funds are -- Vice Chairman Winton: You're going to take that off, too. So it'll be even less. So all I'm going to say is that in follow-up -- Commissioner Teele: They can start studying that, Johnny, without waiting for the summit. 54 March 14, 2002 Vice Chairman Winton: Exactly. And they need to get probably LISC at the table with them and figure out who the players are, the agencies, LISC, our department, and come back to us with a recommendation and some terms on how we ought to deal with those dollars, and do that within the course of the next month. Commissioner Teele: With a letter from the financial institutions or an acknowledgement that this is satisfactory for their -- Vice Chairman Winton: Right. Commissioner Teele: -- financing purposes, or something to that, that goes in that direction. Commissioner Gonzdlez: And Commissioners, as I expressed before, when I came here as part of a community based organization, the concept of USHUD, and the CDC's and the CBO's is a partnership. OK? It's a partnership to bring housing and to bring economic development, and to bring more new jobs to the community, and prosperity to the community. So if it is supposed to -- if we're going to abide by the concept of USHUD, of being a partnership, I believe that we think that I would like to see from the administration is that whenever they start planning doing something like this, they should call their partners and sit down with then, and tell them, hey, you know, we have in mind to do this and this. You know what I'm talking, Commissioner Teele; not just surprise them, you know, call them one day. Tomorrow, we're going to be before the City Commission, and we're going to try to de -fund you. OK? I mean, that's not a partnership. That's not a decent way of conducting business. That's not -- to me, it's not professional. To me, it's not the way, the fair way to treat people that have been working in this community for many, many years. I mean, I believe that these people deserve more respect. They're not stealing anybody's money. They're not crooks that are trying to rob anybody. The least they're doing is they're working; they're doing a work to -- for the salary to support their families. So at least give them the decency of calling them to a meeting and say, we're planning on doing this. Let's discuss it. Let's have three -- a series of meetings, three or four meetings, and come -- exactly, and come up with a decision. But don't -- you know, stop these tricks of surprising people and calling people and saying, tomorrow, we're going to be before the Commission, and we're going to try to take the Bards away from you people. You know, that's not fair. Chairman Regalado: Let me -- yes. 1 was about to make a motion, but if you want to address -- Would you rather me make it a motion, and then after the motion, if you have any comments, would you like to make a comment, or can you wait for me to make the motion, to see if it's of your liking? Mr. Vice Chair, Commissioner Winton, could I -- I'd like to make a motion tonight. Would you chair, please? Vice Chairman Winton: Yes, I'll chair. So, Commissioner Regalado. Chairman Regalado: Yes, sir. I'd like to make a motion for the administration to implement the summit as directed by the City Commission last Thursday, between the City of Miami administration and every and all CDC's involved in City funding; also, that we defer any funding Policy directive until after the summit; defer funding directive of one and two tiers until after the 55 March 14, 2002 summit. And especially, since it was mentioned here, on two projects that Commissioner Sanchez mentioned, to direct the administration that the Latin Quarter funding would not be in placed in any pool of funds, since the project is under construction, and that we maintain the level and that the administration would consider within the framework of the summit, maintain the level for the year 28 of housing administration funds to match the year 27. That would be, Mr. Chairman, my motion. Commissioner Gonzalez: Second your motion, Mr. Chairman. Vice Chairman Winton: Well, I'm not sure I understand what all that means. So -- Chairman Regalado: What it means is that we defer everything, every decision on funding and all that until the summit is finished. And something that I need -- Vice Chairman Winton. Assuming the summit gets finished by sometime this summer. Chairman Regalado: Well, it has to; it has to, of course. Vice Chairman Winton: OK. So keep going. Chairman Regalado: And what I missed is to sort of place a deadline on the summit and -- Vice Chairman Winton: Yeah, we need to do that. Chairman Regalado: And I think that we need to have this done by the last meeting of the Commission in May. So the City Commission will have plenty of time to decide from May to the process that starts in July everything in terms of policy changes, and directives and all that. Vice Chairman Winton: So we need to ask a question before we vote on this, both from Dennis and Gwen. Can this summit be completed by May, the end of May? Commissioner Gonzalez: Gwen'? Ms. Warren: My -- Commissioners, Gwendolyn Warren, Community Development. The issue is, is that the summit may be completed by the end of May, but whether or not HUD signs off on your revised policy, I cannot guarantee that. I'm sure we can have the meeting, but there's going to have to -- Vice Chairman Winton: I don't know what that means. Ms. Warren: There's got to be a review of whatever policy that is adopted. If we stay with the current policy -- Vice Chairman Winton: I thought HUD was going to be -- Ms. Warren: -- there's no problem. 56 March 14, 2002 Vice Chairman Winton: I thought that HUD was sitting on the damn committee. Do you think that they're going to -- Do you think the committee is going to adopt a bunch of policies that HUD is not going to sign off on within -- Ms. Warren: What I'm saying is I can't guarantee that HUD will be able to do everything they need to do by the end of May. OK? I don't know if they can -- we can hold the meeting. I don't know if everything could be completed by the end of May. Vice Chairman Winton: OK. That's why I asked the question. By when, then? Ms. Warren: I have to consult with USHUD. Commissioner Teele: You know what, though`? Ms. Warren: I can't speak for a date for them. Commissioner Tcele: With all due respect, as soon as this motion is finished, my motion is going to be -- Ms. Warren: To call. Commissioner Teele: -- to invite the representative of USHUD -- Ms. Warren: Here. Commissioner Teele: -- to come down and have a conversation with us. Because, I mean, I think, you know, we need to be real careful. HUD is our -- HUD is a partner with us, and they're not like on the other side, some super black box agency that nobody can talk to. And we don't need to put HUD in that box. And if HUD's got a problem, then let's let HUD say that. But I think this Commission ought to do what we think is right, unless we are advised by you professionally, or the lawyers professionally that HUD has a problem. And then if we've got to adjust it, we'll adjust it. Vice Chairman Winton: Right. Commissioner Teele: But I have a problem -- Vice Chairman Winton: I. agree. Commissioner Tecle: -- using the federal government as a reason not to act on a resolution of this Commission, unless we know something from HUD. And then if we've got to revisit it, we'll revisit it. Vice Chairman Winton: Fine. 57 March 14, 2002 Commissioner Gonzalez: I agree with you 100 percent, Commissioner Teele, because sometimes, we have also -- USHUD has been also used as the wall to keep people -- to maintain people afraid to open their mouths. Vice Chairman Winton: Right. So let me come back to the question, then. Dennis, how long do YOU think -- Forget about HUD. Commissioner Teele made the right point. If HUD -- if after a conversation with HUD we have to adjust the schedule, we'll be glad to. But if you're helping lead the effort to put this whole thing together, how long do you think it would take to do this summit and do it right'? Dennis Russ: Well, I agree with you. Commissioner Teele: Your name and address for the record. Mr. Russ: My name is Dennis Russ. I'm the Program Director for Greater Miami LISC, 150 Southeast 2ic1 Avenue, Miami, Florida. The area that I am most interested in includes the policy decisions of the City of Miami and how we can create a more effective partnership with the other funding sources, including LISC. Including LISC. But the State, the County, the Florida Housing Finance Corporation, the private sector banks, you know, we need something beyond just what this City Commission can do. And the City of Miami is in the position of being a leader in this effort. And I think that we can begin by that May deadline. Vice Chairman Winton: So you're willing to accept the May deadline, at least at round one, and if we have to do something about it, you'll come back to us. Commissioner Sanchez: We could always extend it. Vice Chairman Winton: Right. Mr. Russ: Absolutely. Vice Chairman Winton: OIC, great. So -- Mr, Russ: But 1 think this effort will extend beyond May. Vice Chairman Winton: Yes. And I think it will. Commissioner Sanchez: Oh, no, and I agree with you 100 percent on that. Vice Chairman Winton: OK. Now that -- so I've got the answer to this question. Commissioner Regalado, you still have -- you have the floor again. You were finishing Lip your -- I raised a question about timing here, and I think you were completing your explanation. You added one point in your resolution, another point that I didn't understand, and that was something about maintaining the level of funding for something from one year to the next year, 26t1i year -- 58 March 14, 2002 Chairman Regalado: What I said on the resolution is that we recommend that the administration would consider, within the framework of the summit, the reasons, and explain to us the reasons, and talk to the CDC, why they are decreasing the funding next year in relation to last year or this year. So this -- what I wanted to do is to do a complete resolution in every issue, so we don't get surprised and say, well, we didn't discuss this, you know, within the framework of the summit. So we discuss everything. Vice Chairman Winton: I understand. I understand completely now, and I think that's appropriate. Do we have -- yes, ma'am. Quickly. Ms. Rodriguez-Tejera: Anita Rodriguez. I had a comment. The 27t" year versus the 28`x' year is that already, in Page G of the resolution or proposal to you, it was already automatically reducing the funding to 440,000. By maintaining it at the level of the 27t11 year, it leaves the door open for whatever decisions it is that this Commission decides to make. Vice Chairman Winton: We understand. I mean -- Ms. Rodriguez-Tejera: After the summit, we just don't want the funds to be used. Vice Chairman Winton: Commissioner Regalado already made that point. So we don't need the point made again. Ms. Rodriguez-Tejera: Right. Olt. Vice Chairman Winton: So I'm trying to -- I want to move this along. Ms. Rodriguez-Tejera: OK. Vice Chairman Winton: That's the point he just made, is it not? That's the point he just made, is it not'? Ms. Rodriguez-Tejera: Yes. OK. Vice Chairman Winton: Thank you. A point that hasn't been made. Commissioner Sanchez: There's a motion and a second. Call the question. Vice Chairman Winton: You have a -- Ms. Warren: No. We -- Vice Chairman Winton: OK. We have any other discussion on this item? We have a motion and a second. No further discussion. All in favor, "aye." The Commission (Collectively): Aye. 59 March 14, 2002 Vice Chairman Winton: Like sign, opposed. The motion carries. The following motion was introduced by Chairman Regalado, who moved for its adoption: MOTION NO, 02-283 A MOTION DIRECTING THE CITY MANAGER TO IMPLEMENT THE AFFORDABLE HOUSING SUMMIT INCLUDING ALL COMMUNITY DEVELOPMENT CORPORATIONS AND FINANCIAL INSTITUTIONS INVOLVED IN COMMUNITY DEVELOPMENT FUNDING; FURTHER DEFERRING ANY FUNDING POLICY DIRECTIVE FOR TIERS ONE AND TWO UNTIL: AFTER THE SUMMIT; FURTHER DIRECTING THE MANAGER THAT THE LATIN QUARTER FUNDING WILL NOT BE PLACED IN ANY POOL OF FUNDS SINCE THE PROJECT IS UNDER CONSTRUCTION; AND THAT THE ADMINISTRATION, WITHIN THE FRAMEWORK OF THE SUMMIT, MAINTAIN THE LEVEL OF FUNDING FOR THE 28'Hi YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CD13G) HOUSING ADMINISTRATION TO MATCH 27"" YEAR. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the lollowing vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Tecle, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None Vice Chairman Winton: Commissioner Regalado, you can have the chair back. Chairman Regalado: Thank you very much. Gwen -- Commissioner Tecle: I support it, but I just want to call my colleagues' attention to the memo that's been passed out, Page 3 of 4. And this is my issue, just so it -- of 4, And it says, Number 10, Little Haiti Housing Association. And then it says Community Development dollars, three hundred and eighty-five thousand dollars ($385,040). Ms. Warren: Which -- Commissioner Teele: Number 10. Little Haiti Housing, OIC? Vice Chairman Winton: And then it says what? I haven't found where you are. 60 March 14, 2002 Commissioner Teele: And then in the box underneath that. Vice Chairman Winton: Oh, OK. Yeah. Commissioner Teele: It implies that there's three hundred and eighty-five thousand dollars ($385,000) of CD money, Vice Chairman Winton: Three fifty-eight. Commissioner Teale: `Three fifty-eight. Vice Chairman Winton: OK. Commissioner Teelc: And then it implies that there's ninety-one thousand dollars ($91,000) of CD money; is that correct`? Ms. Warren: Yes, it does. Commissioner Teele: When was that money put in those agencies? Ms. Warren: The City Commission -- Commissioner Tcele: No, no, just -- Ms. Warren: -- passed a resolution that -- no. You transferred City property. The assessed value is ninety-one thousand, six hundred and forty-one thousand dollars. Commissioner Teele: Ms. Warren, how much CD money and when was it given to that agency, committed to that agency'? Ms. Warren: The dales of these resolutions? Commissioner Teele: No. The date of the three eighty fifty-eight. Yes. Roughly. Ms. Warren: We have it right here. It's five or six years ago. But what is the -- this is a seven- year grid that you asked for? Commissioner Teele: OK, hold on. Just answer my question. When was the money put there? Ms. Warren: live or six years ago. Commissioner Teele: OK, let's agree five years ago. Now, if I'm the District Commissioner for .Little Haiti, and if I were here for the last one hour, you know what I'd be saying? Why do I have to have three hundred thousand dollars ($300,000) tied up in a program that's five years old, when I could take that money, with the staff's support and recommendation, and reprogram 61 March 14, 2002 it to solve some of the sidewalk and landscaping issues? 1 mean, see, that's the box we're in, in this thing. And 1 don't want to penalize this organization.. It's a fine organization, and I'm supportive of it. But, you know, that's why, Johnny, we've got to have something that gives us more flexibility. And, you know, this is Exhibit A. Vice Chairman Winton: But I think we do, don't we? We have the ability to do that. Commissioner Teele: Yeah, but you know what'? We also have to be mindful of the fact that this agency is working to commit dollars. And Johnny 1 don't -- I'm just trying to make a point. And maybe there's more to it than I'm saying, but that's my observation. And those are, the kinds of things that l want Mr. -- LISC and folks to try to come back with a recommendation, because I'm interested in trying to reprogram and make available Community Development dollars, and keeping them in the area that they were committed to. Vice Chairman Winton: Right. To do a different issue -- Commissioner Teele: To address the more urgent problems. Vice Chairman Winton: Right. 1 always thought we had that ability. Commissioner Gonzalez: And that is referring to Little Haiti Housing. Is that only City of Miami, the .HOME (Home investment Partnership Program) Fund and CDBG comes only out of the City of Miami, right? We don't know if they were awarded any money from the County? Ms. Warren: The only dollars that are reflected here are dollars that are awarded by the Commission, And the issue here is that you appropriate by ordinance, which means the money has to be frozen. We were suggesting that you develop a policy that does not do that. Commissioner Gonzalez: OK. But, wait, wait. That was not -- that was not my question. Chairman Regalado: Commissioner -- Commissioner Gonzalez: My question was -- Ms. Warren: These are City only. Commissioner Gonzalez: -- if they -- if you know, because you monitor these agencies every year. Do you know if this agency got any money from Miami -Dade County, either from surtax or from SHIP (State Housing Initiatives Partnership)? Ms. Warren: We would have those in our records. It's not reflected here. Commissioner Gonzalez: Well, that's something that we need to know, because maybe, Commissioner Teele, they were not able to finish this project, because they're still waiting for the County to come up with their funding. So, you know, it's exactly what I was telling you. 62 March 14, 2002 • 0 You need to have the City, then you got to get the County. And then when you have both of them, you get the bank. 63 March 14, 2002 0 7. AUTHORIZE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS. Chairman Regalado: Excuse me, Commissioners. As you know, I have to leave. But I've been asked by the City Attorney that you will all take S-4, which is a bond issue matter. The attorney is here, and he cannot come back in the afternoon. Commissioner Teele: Well, why don't we get another attorney? Chairman Regalado: Because this one is -- they say he's good. Commissioner Sanchez: Did we vote on the last issue? Did we vote on that? Chairman Regalado: No, we did not vote. So I'm just saying we need to vote on this, on my resolution. Vice Chairman Winton: We did vote on your resolution. Priscilla A. Thompson (City Clerk): We had a vote. Vice Chairman Winton: I was chairing and we -- I called for a vote. We voted on your resolution. Ms. Thompson: That's correct, yes. Chairman Regalado: OK, OK, I'm sorry. Gwendolyn Warren (Director, Community Development): We had 5-C. Chainnan Regalado: 5-C will be taken after, because the attorney before the break needs the bond issue taken. You all want to come back at what time? Remember, Johnny has to leave at 5:30. Commissioner Teele: 2:30. Commissioner Gonzalez: 3 o'clock. Chairman Regalado: So 2:30. 2:30 would be OK? Vice Chairman Winton: Yeah. Chairman Regalado: In three hours, we need to finish everything else that we need to have (UNINTELLIGIBLE). Commissioner Tecle: Mr. Chairman, I second the motion of Commissioner Winton on the bond issue. Vice Chairman Winton: Yes. Commissioner Teele: What's the item number? 64 March 14, 2002 LJ r-1 Vice Chairman Winton: S-4. Oh, and one more -- Before you go, Commissioner Regalado -- Chairman Regalado: Yes, sir. Vice Chairman Winton: And I started -- interject this. But the County's called. I have an issue on my blue sheets about getting on the South Florida Employment Consortium. And the County has asked if they could come and make -- give their side of the presentation. They'd like to do it time specific. Could we do it at 3? Chairman Regalado: 3 o'clock, 3 o'clock. Vice Chairman Winton: Yeah. Chairman Regalado: 3 o'clock, fine. Vice Chairman Winton: Thank you. So you can tell them. OK. I'm sorry now. So we have a motion on -- I made the motion on S-4. Commissioner Gonzalez: I second. Commissioner Teele: I'll third it. Vice Chairman Winton: Commissioner Regalado, are you leaving? Commissioner Gonzalez: He's gone. Vice Chairman Winton: Oh, you're not staying for it? Yes. OK. Commissioner Sanchez: All right. There's a motion by Johnny and there's a second. Vice Chairman Winton: Well, I can't make a motion, because I'm the Chair. Commissioner Teele: I move it. Vice Chairman Winton: We have a motion by Commissioner Teele. Commissioner Gonzalez: OK. I move (UNINTELLIGIBLE). Vice Chairman Winton: OK. We have a motion and a second. Mr. City Attorney, you have a comment? Commissioner Teele: Is counsel going to introduce himself for the record? Vice Chairman Winton: Right. Yes, sir. 65 March 14, 2002 0 Albert del Castillo: Morning, Mr. Chair, members of the Commission. My name is Albert del Castillo, with the law firm of Squire, Sanders and Dempsey, offices at 201 South Biscayne Boulevard. My partner, Ken Myers is here in the audience with me. Commissioner Tecle: Is that the Iden Myers who was once the State Senator who gave the City of Miami great support and built parks all over Coconut Grove? Mr. del Castillo: Commissioner Teele, it's my sad duty to report, yes, sir, it is. Commissioner Teele: Well, it's a delight to see Senator here. Is it a public hearing'? Vice Chairman Winton: is this a public hearing, Mr. City Attorney`? Mr. del Castillo: No. No. What you have before you is a bond resolution that we're asking you to adopt that will allow us to proceed with the issuance of these general obligation refunding bonds. Vice Chairman Winton: And I have a question for you relative to the issuance of this refunding. And the question is, what kind of due diligence have you done relative to the City's finances to assure that the refunding that we're doing is appropriate, is affordable and meets all of the guidelines that -- I think there have been some questions in the past over whether we met those or not. Mr. del Castillo: Yes, sir, Commissioner. This being the first bond issue that the City has done in approximately six and a half years, the due diligence process has been rigorous and intense. Our firm serves in the capacity of bond counsel. And as such, we are an effective quarterback of the team, along with the senior managing underwriter, J.P. Morgan Securities. Now, in addition to our law firm's involvement, the City Attorney's Office did what we feel is a very good thing, and they hired a separate disclosure counsel firm, whose main task was the preparation of the disclosure document, the official statement that will be used to market the bonds to the potential investors. In addition to that law firm -- and that law firm's name is Bryant, Miller and Olive, with main offices in Tallahassee and an office here in Coral Gables -- the underwriter, J.P. Morgan also had its own underwriter's counsel, Ruden, McClosky, the law firm of Ruden, McClosky. Our three firms, in conjunction with the underwriter and your City staff -- which needs to be commended, because the work load that we have thrown on them in these last several months has been quite large -- we have gone through a very rigorous due diligence process whereby the work -- the financing team developed questions, a questionnaire, based on our review of documents that we had in hand. We also submitted to City staff a very detailed due diligence list of documents that we requested. And based on those additional documents, we refined our due diligence questionnaire. Then we had a full day, a full day of due diligence where various department heads came into our conference room, and we asked them these questions again. We reviewed thein in advance, of course, to be prepared to answer them. And subsequent to that date, we had follow-up meetings and calls with those department heads. So I can assure you that the process has been very rigorous. Due diligence has been done here like we haven't seen in quite a while, because of where we've been in the past. Vice Chairman Winton: Messrs. Commissioners, the reason for that question is that during the shenanigans of the past, this Commission was also heavily criticized, because it didn't -- 66 March 14, 2002 0 Commissioner Sanchez: It lacked due diligence. Vice Chairman Winton: -- ask any questions relative to due diligence, and just kind of blindly passed a resolution moving the issuance of new bonds. So that's the reason that we've asked our counsel to put on the record the kind of due diligence that they've done, to assure that we've clotted all the "I's," crossed all the "T's" and that were doing this absolutely to the letter of the law and the intent of the law. Mr. del Castillo: And Commissioner Winton, if you'd permit me -- Vice Chairman Winton: Yes, please. Mr. del Castillo: When you say your counsel, it is important to know -- and this is why we thought it was a very good move to have the disclosure counsel. That counsel is also hired and acts on behalf of the City. And that is something that the most sophisticated issuers are doing more and more these days, where they have not only their own bond counsel, but a separate disclosure counsel obtained by the issuer, and then the underwriter is free to retain its own counsel that will also work on the disclosure document with the City's team. But your team is Squire, Sanders and Dempsey and Bryant, Miller and Olive. Vice Chairman Winton: And who chose each oCthose counsel'? Alejandro Vilarello (City Attorney): Well, with regard to the bond counsel and disclosure counsel, we put out an RFP (Request for Proposals), a short list of the five firms that the City Commission approved in .January, and then I selected from those five firms for this first issuance. Vice Chairman Winton: So we owe a thanks to our City Attorney's Office for paying careful attention to this, and seeking the new outside counsel, which is the disclosure counsel. So thank you. Commissioner Teele: I want to commend the Attorney for selecting well on bond counsel. You're his bond counsel. Mr. del Castillo: Yes, sir. Commissioner `I'ecle: .1 didn't hear the answer to the other half of the question on disclosure cotnlsel. Vice; Chairman Winton: Well, it was in the same answer. Mr. Vilarello, .fust found -- the disclosure counsel was within the same Commissioner Teele: Which was the same -- Mr. Vilarello: I chose a separate counsel, but within the same short list approved by the City Commission. Commissioner Teele: Well, I know Bryant, Miller and Olive. I still think you chose well on bond counsel. Mr. del Castillo: Thank you. Thank you, Commissioner. 67 March 14, 2002 Vice Chairman Winton: All right. So -- Commissioner Tecle: I know Bryant, Miller, Olive. They're friends of mine. Commissioner Sanchez: Johnny, I'll -- Commissioner Teele: I feel that you chose well on -- Commissioner Sanchez: I'll be very brief on this. This is one issue where you don't want to take a leap of flying faith. So clue diligence is key, as you know, and there isn't any single major corporation or anyone that's going to take such a giant step that we're taking for the first time without due diligence. So I'm glad to put on the record that, you know, due diligence is -- We didn't have that in the past, and that's where we got in trouble. Vice Chairman Winton: OK. We have a motion and a second. Any other discussion? Being none, the motion is a resolution authorizing the issuance of not more than -- and this hasn't gone on the record yet -- but not more than forty-three and a half million dollars in general obligation refunding; bonds. So any further discussion? Commissioner Sanchez: So move. Commissioner Teele: Let me -- Commissioner Gonzalez: Second. Commissioner Teele: I thought we had agreed on a different number. And I apologize. 1 had a meeting; with the Budget Office, which was scheduled well too late. I'd like to revisit this at a later date. I'm voting "yes" now. Vice Chairman Winton: OK. No further discussion. All in favor -- Ms. Thompson: Commissioners, Commissioners, I just want to be clear on something. You had already had the motion on the floor, which was made and moved by Commissioner Gonzalez. Vice Chairman Winton: That's correct. Ms. Thompson: And seconded by Commissioner Teele. Vice Chairman Winton: We didn't need the second motion and second. That's right. Ms. Thompson: Thank you. Vice Chairman Winton: We already had a motion and a second before. Ms. Thompson: Correct. 68 March 14, 2002 C7 • Vice Chairman Winton: So now we've got about four of them. So all in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign, opposed. Motion carries. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 02-254 A RESOLUTION OF THE CITY OF MIAMI, FLORIDA, AUTHORIZING THE ISSUANCE OF (i) NOT TO EXCEED $35,500,000 IN AGGREGATE PRINCIPAL AMOUNT OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 2002A, FOR THE PURPOSE OF REFUNDING ALL OR A PORTION OF THE CITY'S OUTSTANDING GENERAL OBLIGATION REFUNDING BONDS, SERIES 1991, ITS GENERAL OBLIGATION BONDS, SERIES 1992 (STORM SEWER IMPROVEMENTS) AND ITS GENERAL OBLIGATION BONDS, SERIES 1995 (SANITARY SEWER SYSTEM) AND (ii) NOT TO EXCEED $5,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 2002B (FORWARD DELIVERY), FOR THE PURPOSE OF REFUNDING A PORTION OF THE CITY'S OUTSTANDING GENERAL OBLIGATION REFUNDING BONDS, SERIES 1992; PROVIDING THAT SUCH GENERAL OBLIGATION REFUNDING BONDS SHALL CONSTITUTE GENERAL OBLIGATIONS OF THE CITY AND THAT THE FULL FAITH, CREDIT AND TAXING POWER OF THE CITY SHALL BE IRREVOCABLY PLEDGED FOR THE PAYMENT OF THE PRINCIPAL OF, REDEMPTION PREMIUM, IF ANY, AND INTEREST ON SUCH BONDS; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; DELEGATING TO THE CITY MANAGER THE DETERMINATION OF CERTAIN MATTERS AND DETAILS CONCERNING THE BONDS; AUTHORIZING THE NEGOTIATED SALE OF THE BONDS; APPROVING THE FORMS AND AUTHORIZING THE EXECUTION OF BOND PURCHASE AGREEMENTS IN CONNECTION THEREWITH; APPOINTING A PAYING AGENT AND A BOND REGISTRAR; APPOINTING AN ESCROW AGENT; APPROVING THE FORMS OF ESCROW DEPOSIT AGREEMENTS; APPROVING UN -CERTIFICATED, BOOK -ENTRY ONLY REGISTRATION OF SAID BONDS WITH THE DEPOSITORY TRUST COMPANY AND THE EXECUTION OF A BLANKET ISSUER LETTER OF REPRESENTATIONS; DELEGATING TO THE CITY MANAGER AUTHORITY TO NEGOTIATE AND OBTAIN A 69 March 14, 2002 MUNICIPAL BOND INSURANCE POLICY TO INSURE SAID BONDS AND TO EXECUTE AND DELIVER ANY RELATED AGREEMENTS; PROVIDING FOR A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT AND THE SELECTION OF A FINANCIAL PRINTER THEREFOR; COVENANTING TO PROVIDE CONTINUING DISCLOSURE IN CONNECTION WITH THE BONDS IN ACCORDANCE WITH SECURITIES AND EXCHANGE COMMISSION RULE 15c2-12 AND AUTHORIZING THE EXECUTION OF A COMMITMENT WITH RESPECT THERETO; PROVIDING FOR THE APPOINTMENT OF A VERIFICATION AGENT; AUTHORIZING ALL REQUIRED ACTIONS; AND PROVIDING AN EFFECTIVE DATE. (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: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton NAYS: None ABSENT: Chairman Tomas Regalado Mr. del Castillo: Thank you very much. Vice Chairman Winton: Thank you, sir. Mr. del Castillo: And thank you for taking it out of order. Vice Chairman Winton: Yeah, recess. What time -- are we meeting, at 2 or 2:30? Commissioner Teele: Mr. Chairman. Commissioner Gonzalez: 2:30. Ms. Thompson: 2:30. 70 March 14, 2002 Vice Chairman Winton: Hold on. Don't go anywhere yet, The meeting has not been adjourned yet. Yes, sir, Commissioner Teele. Commissioner Teele: In recessing this meeting, could everyone stay for three minutes -- two minutes to handle one CRA (Community Redevelopment Agency) matter? Vice Chairman Winton: Sure. Yes. Now, when are we coming back? At 2 or 2:30? Commissioner Teele: He said 2:30. Vice Chairman Winton: 2:30? Commissioner Gonzdlez: 2:30. Vice Chairman Winton: Everybody got that. Commissioner Teele: The gentleman said 2:30. Vice Chairman Winton: Recess till 2:30. What do we need to do to go into a CRA Board meeting? Alejandro Vilarello (City Attorney): Just call to order the CRA. Note for the Record: At this point, the City Commission recessed its meetings of March 7"' and March 14, 2002 from 11:55 a.m. to 1 t:58 a.m., in order to convene a meeting of the Community Redevelopment Agency. THEREUPON, THE CITY COMMISSION, UNDER AUTHORITY OF SECTION 163.01, FLORIDA STATUTES, AND PART III, CHAPTER 163, FLORIDA STATUTES, CONSTITUTED ITSELF AS THE SOUTHEAST OVERTOWNIPARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, IN ORDER TO DEAL WITH THE FOLLOWING ISSUE: 71 March 14, 2002 8. AUTHORIZE EXECUTIVE SESSION WITH LEGAL COUNSEL TO CRA TO DISCUSS PENDING LITIGATION IN CASE OF MIAMI-DADE COUNTY VS. CITY AND SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGE, NCY. AMEND TIME AND PLACE OF EXECUTIVE SESSION WITH HOLLAND & KNIGHT LLP TO DISCUSS PENDING LITIGATION IN CASE OF CITY AND SOUTHEAST OVERTOWNIPARK WEST COMMUNITY REDEVELOPMENT AGENCY VS. LYRIC VILLAGE HOUSING, INC. AND ST. JOHN'S COMMUNITY DEVELOPMENT CORPORATION. AMEND TIME AND PLACE OF EXECUTIVE SESSION WITH HOLLAND & KNIGHT LLP TO DISCUSS PENDING LITIGATION IN CASE OF SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY VS, POINCIANA VILLAGE OF MIAMI, LTD. AMEND TIME AND PLACE OF EXECUTIVE SESSION WITH HOLLAND & KNIGHT LLP TO DISCUSS PENDING LITIGATION IN CASE OF CITY AND SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY VS. SAWYER'S WALK LTD. Chairman Teele: The CRA Board meeting; of Southeast Overtown/Park West is called to order. The time is 11:26. For the purpose -- Vice Chairman Winton: 11:56. Chairman Tecle: 11:56. ]can't see numbers. For the purpose of considering one item. We previously set an executive session that had been requested by Commissioner Winton and others to discuss certain litigations for -- listen closely -- 9 a.m. on Monday morning at City Hall. The purpose of this resolution is to change that time for the executive session to be 4:45 p.m. at the old Miami Arena. Vice Chairman Winton: Is that Monday, the 18`x''? Chairman Teele: Monday, the 25`x'. Is it the 25`" or the 18t"? Annette Lewis (Acting Director, CRA): That is correct. It says (UNINTELLIGIBLE), sir. Chairman Teele: Monday, the 25"', which coincides with a regularly scheduled meeting. In other words, we don't want to come here that morning to have a meeting_;. That's the sole purpose of this meeting, and that has to be done in a public setting. Board Member Sanchez: So move. Vicc Chairman Winton: Second. Alejandro Vilarello (City Attorney): Mr. Chairman, I just want to clarify two things. You mentioned that it was at the request of Commissioner Winton, but, of course, to have an executive session, the City Attorney -- 72 March 14, 2002 Chairman Toole: Has to recommend it. Mr. Vilarello: -- has to make that request. l believe Commissioner Winton made the motion. Chairman Teele: In the public meeting that we were having, yes, Mr. Vilarello: Correct. And -- Chairman Toole: And it is at the request of the City Attorney. Mr. Vilarello: And in addition to that, we also wanted to schedule for the same time a review of the case of Miami -Dade County versus the City of Miami and the ,Southeast Overtown/Park West Redevelopment Agency. Chairman Teele: So you're adding that case to the notice. Mr. Vilarello: Yes, sir. Yes, sir. Chairman Teele: And all of this will be published in the newspaper and properly advertised. Mr. Vilarello: And the notice will contain all individuals who may attend that meeting. Chairman Teele: And, Ms. Lewis, did you have anything else? Ms. Lewis: No, sir. Chairman Toole: Moved and seconded, as clarified; as amended and clarified. Further questions? All in favor? The Board (Collectively): Aye. Chairman Toole: All opposed? Priscilla A. Thompson (City Clerk): Commissioners, Commissioners, I'm sorry. We did not get the maker and the second, please? Vice Chairman Winton: Move it. Commissioner Sanchez: Second. Ms. Thompson: Thank you. Chairman Teele: All in favor? The Board (Collectively): Aye. 73 March 14, 2002 The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: SEOPW/CRA RESOLUTION NO. 02-40 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA) AUTHORIZING AN EXECUTIVE SESSION WITH LEGAL COUNSEL TO THE CRA TO DISCUSS SETTLEMENT NEGOTIATIONS AND STRATEGIC PLANNING RELATED TO THE PENDING LITIGATION IN CASE NO. 01-13810 (CA -08) STYLED MIAMI-DADE COUNTY VS. CITY OF MIAMI AND SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY. Upon being seconded by Board Member Sanchez, the resolution was passed and adopted by the following vote: AYES: Board Member Angel Gonzalez Board Member Joe Sanchez Vice Chairman Johnny L. Winton Chairman Arthur E. Teele, Jr. NAYS: None ABSENT: Board Member Tomas Regalado The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: SEOPW/CRA RESOLUTION NO. 02-40.1 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA) AMENDING THE TIME AND PLACE OF THE 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 OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY VS. LYRIC VILLAGE HOUSING, INC. AND ST. JOHN'S COMMUNITY DEVELOPMENT CORPORATION IN CONNECTION WITH THE LYRIC VILLAGE PROJECT. Upon being seconded by Board Member Sanchez, the resolution was passed and adopted by the following vote: 75 March 14, 2002 AYES: Board Member Angel Gonzalez Board Member Joe Sanchez Vice Chairman Johnny L. Winton Chairman Arthur E. Tcelc, Jr. NAYS: None ABSENT: Board Member Tomas Regalado The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: SEOPWICRA RESOLUTION NO. 02-40.2 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA) AMENDING THE TIME AND PLACE OF THE 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 SOUTHEAST OVERTOWN/PARK WEST COMMUNITY .REDEVELOPMENT AGENCY VS. POINCIANA VILLAGE OF MIAMI, LTD. IN CONNECTION WITH THE LYRIC VILLAGE PROJECT. Upon being seconded by Board Member Sanchez, the resolution was passed and adopted by the following Vote: AYES: Board Member Angel Gonzalez Board Member Joe Sanchez Vice Chairman Johnny L. Winton Chairman Arthur E. Teele, Jr. NAYS: None ABSENT: Board Member Tomas Regalado 76 March 14, 2002 'Mlle following resolution was introduced by Vice Chairman Winton, who moved for its adoption: SEOPW/CRA RESOLUTION NO. 02-40.3 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA) AMENDING THE TIME AND PLACE OF THE 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 OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY VS. SAWYER'S WALK LTD. IN CONNECTION WITH THE SAWYER'S WALK PROJECT. Upon beim; seconded by Board Member Sanchez, the resolution was passed and adopted by the following vote: AYES: Board Member Angel Gonzalez Board Member Joe Sanchez Vice Chairman .Johnny L. Winton Chairman Arthur E. Teele, Jr. NAYS: None ABSENT: Board Member Tomas Regalado Chairman Teele: The meeting of the CRA is adjourned. THEREUPON, THE CITY COMMISSION, IN ITS CAPACITY AS THE SOUTHEAST OVERTOWNIPARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, ADJOURNED CONSIDERATION OF THE HEREINABOVE ISSUE, IN ORDER TO RESUME CONSIDERATION OF REGULAR AGENDA ITEMS. Vice Chairman Winton: You all got here a little late. Were you going to come back at 2:30? We have two FIU (Florida International University) students here, coming to watch City Commission in action. THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 11:58 A.M. AND RECONVENED AT 2:43 P.M., WITH ALL MEMBERS, EXCEPTING COMMISSIONER TEELE AND COMMISSIONER GONZALEZ FOUND TO BE PRESENT. 77 March 14, 2002 9. MANAGER TO INCLUDE PROPERTY AND ASSET REVIEW COMMITTEE ON LIST OF BOARDS TO BE ABOLISHED. Chairman Regalado: OIC. We are going to reconvene the meeting, and we have pending a brief CRA (Community Redevelopment Agency) meeting, and also some boards presentation. But before we do that -- And we have also at 3 o'clock, time certain, item -- Commissioner Winton requested it. But we need to move on the boards presentation. We have a quorum. Let's start from west to east. So we're going to do the Coconut Grove Committee. Ted Stahl, Chairman, with their report. Commissioner Winton, we have a 3 o'clock for you set aside, but we're going to do first some of the boards presentation, and we're going to hear from Ted Stahl and the Coconut Grove Standing Festival Committee. Thanks. Ted Stahl: My name is Ted Stahl. i reside at 2867 Day Avenue. I am the Chairman of the Coconut Grove Festival Committee. i have served on this board for eight years, and have been the Chairman for seven years. And I am here today to give you a report, up to date. Right after Hurricane Andrew, we found that Peacock Park was in severe devastation of repairs. And at that time, the Festival Committee came to the Comn►ission and asked that ninety-two thousand, two hundred and sixteen from their fund be given to Peacock Park Renovation Project, adding interlocking pavers and terraces, and the glass house, and bringing the park up to date, and helping with the electrical and the lighting in the park. At that time, the City had no monies, and FEMA (Federal Emergency Management Agency) could not possibly do it all. So we came before the Commission, asking that monies be spent on the park. Several years later, due to the interlocking pavers that were put in by the original contractor, it became a liability to the City, because the pavers began falling apart. We then came before the Commission and asked that forty-five thousand dollars ($45,000) be awarded to a new contractor to repair the pavers that were put in by the first contractor, because they were falling apart and could have been a liability, and that was approved. We are now in the process of -- we allocated seventeen thousand dollars ($17,000) for two new banner poles that are supposed to be installed in the areas that hold the banners across Bayshore Drive, advertising events coming to this community. There's approximately seventeen thousand dollars ($1.7,000) for two poles, which was approved by our committee. We have just recently requested fifty thousand dollars ($50,000) of this fund be used for professional services, for a professional landscape artist to plan on redesigning the medians that run along Bayshore Drive. Now, several of us have heard that this money of two hundred thousand dollars ($200,000) has been sitting for several years in this committee. And the reason you must understand that the money has been sitting there is because we have been negotiating for almost two years to redo the medians from Aviation all the way down to McFarland, which would include all new landscaping, lighting and irrigation. At one time, we had the complete approval of the County to do this entire project, planning, designing, supplying materials, irrigation, lighting, the whole plan. But the stipulation was the City had to maintain it. It fell flat, because the City, again, didn't have the monies to do this. We then went back to the County with a new plan, asking that they would support us in redesigning these medians, and that plan you now have in front of you. I placed it on your desk. It's -- we have been negotiating strongly with the County . We've had extremely good representation, and we're going forward with the architect plans to redesign, and this is the reason this money is sitting there. It's not that we're not making use of the monies. We need close to a half a million dollars to do this project. There's two hundred and five thousand dollars ($205,000). We have the County that has offered us fifty thousand dollars ($50,000) in-kind services. We have Tree Man Trust offering us ten thousand. So we are building up this fund to do the major project. But we don't want to do it half, we want to do it correctly. So we have now hired an architect, and this is what our plans are to do with the monies and future monies. In the last few months, several of the fees have been waived by the Commissioners. And 78 March 14, 2002 we want you to understand -- I didn't want to mention names -- the reason that we're asking that this not continue is because these monies are used to help build this find to do the project, and it's a good project. And we have the condominiums behind us, and we have the City -- Jimmy Morales' office has been extremely cooperative. And we're all looking forward to malting the plans and going ahead with the project. And that's why the monies are there, and are building more. If there are any questions, we have excellent representation to our meetings. I've been on the board for seven years, and I've missed two meetings. Any questions? Commissioner Sanchez: Good report. Vice Chairman Winton: Thank you, Ted. Mr. Stahl: All right. Thank you for seeing me. Chairman Regalado: Thank you, sir. Vice Chairman Winton: Thanks for coming down. Chairman Regalado: We have the Property and Asset Review Committee report. Good afternoon, sir. Peter Andolina: Good afternoon. My name is Peter Andolina, 3220 (UNINTELLIGIBLE) Place. My job has been very easy over the last year as Chairman of this committee, because we've only had a quorum twice. And mainly, that's because many of the Commissioners have not appointed -- until recently hadn't appointed their representatives on the committee. One of the suggestions I would litre to make is that -- Vice Chairman Winton: Peter, which committee is this again? Mr. Andolina: This is the Property and Asset Review Board. Vice Chairman Winton: Thanks. Mr. Andolina: I'm your appointment to that committee. The Commission may want to reconsider the existence of the committee. It seems like we overlap with other existing boards. For example, if it's a waterfront property, the Waterfront Advisory Board would take up any property issues related to that. If it's a park property, you have a Parks Advisory Board. What you might want to consider is setting up an ad hoc committee of real estate professionals that could be called on, on an as -needed basis by staff to assist in working on those non -waterfront and non -park -related situations that might come up over the course of the year. But regardless, if we are going to continue, I think it's very important that each Commissioner make their appointments on a timely basis, so that we could have a quorum and take up whatever issues staff would like us to review. Note for the Record: Commissioner Teele entered the chamber at 2:51 p.m. Vice Chairman Winton: You know, actually, Peter mattes a great point. If -- and maybe it isn't needed. We certainly have more committees than I can even -- and we can't even get all the appointments to all 79 March 14, 2002 these committees we've got. So maybe there's an opportunity here to do as Peter suggested, and that is disband this committee and -- Commissioner Sanchez: Use them as -- Vice Chairman Winton: Yeah. And let the Manager get a -- we'll give him a list of people. I can certainly give him a list of major real estate professionals in the City that he can call on when they need that kind of help on an ad hoc basis. Mr. Andolina: Yeah. I think if you had some brokers, as well as appraisers -- Vice Chairman Winton: Yeah. Mr. Andolina: -- that's all you would really need. Vice Chairman Winton: And Peter could help me put the list together, as well. So. Chairman Regalado: Commissioner Sanchez. Commissioner Sanchez: Mr. Chairman, since we're on the subject of boards -- And I agree with you on this. I think it's a good idea for us to create an ad hoc committee and use them as needed. But let me just say, on some of the board -- I mean, not too long ago, maybe about six or seven months ago, we directed the Clerk to come back with some suggestions how to maybe do away with some of the boards that aren't active anymore, or the hoards that don't meet or whatever. And let me just state that there is one board that I could relate to that really is holding back the progress that we're making, and that board is the Latin Quarter Board. I mean, they have not had a quorum in god knows how long. And let me tell you, it's embarrassing to have the developers have to go to the board meetings, and then they don't have a quorum, they're not there, and really -- you know, the bottom line is that, you know, people accuse us of creating layer, and layer, and layer of bureaucracy. And really, we create these boards to assist us in finding ways to either expedite or simplify the process, and what we're doing is we're hampering and slowing it down. So what we need to do -- And I'm telling you, it's in my district, the Latin Quarter, and I've spoken to some of the members, and they can't seem to get a quorum. And what happened is people go there for guidance, and they can't meet. So they have to spend money on their architect, their attorneys, and really, it's an embarrassment for us and the board, itself, that we're doing everything we can to attract new businesses or help build new businesses in the district, and they can't have a quorum. So my suggestion, maybe, Madam Clerk, is that look into that. The City Clerk was coming back with some recommendations on some of the boards. We could basically have an open discussion, hear the boards that are active, the ones that aren't active, and then the ones that aren't being productive or doing what they're supposed to, let's just get rid of them, because they're not, you know, they're not helping us in any way. They're hurting us. Chairman Regalado: You will find, Commissioner -- I'm sorry. You will find that there is on your agenda the administration is recommending the following boards to be abolished: The Budget and Finances Review Committee, the Independent Community Redevelopment Agency, and U.S. Housing and Urban Development Funding Policy Programs and Procedures Review Committee. Now, the Manager, I 80 March 14, 2002 think, is going to have a more detailed report as to why this is recommended. And I don't know, Mr. Manager, if you want to do it now or in the next meeting when we do the other boards presentations. Vice Chairman Winton: Well, I would like to move that we take the Property and Asset Review Committee and move it to that same category. Commissioner Teele: Second. Chairman Regalado: OK. There is a motion and a second. All in favor say -- Commissioner Teele: Discussion. Chairman Regalado: Discussion. Vice Chairman Winton: We'll move it down -- Commissioner Tecle: Thank you, Mr. Chairman, Mr. Chairman, I am in total agreement that we ought to reduce or eliminate some boards. But 1 am -- I think having an ad hoc process is dangerous. I think it invites forum shopping for -- that's something we have in law where the lawyers figure out which judge is going to rule the right way, and that's where you file your action. It's called forum shopping. I think we should take note of the fact that we did go before the voters and make some very, very important changes in our property disposition process. I think there is nothing that could get us in more trouble than disposing of property for consequences -- with consequences and agendas that none of us are aware of that have not really gone through some external vetting and process. I agree with all of the comments that are being made, Johnny, but I really do think that before we dispose of property, we should have some entity - - even if it's the Internal Auditor -- do a report, somebody disinterested, other than -- somebody disinterested should give us an independent report that we can rely upon. I prefer a citizens committee, and let me tell you why, Johnny. If Laura comes to the stand -- and I don't want her to -- and we get into a discussion, she would probably be forced to admit that your predecessor and I debated on at least three separate occasions the sale, immediate sale of Fire Station Number 2. It's a dump, it's going to fall down, it's probably got termites in it, we ought to get rid of it. I mean, if the Clerk goes through the report, you will not believe the debate. And I said, I am not going to allow that as long as I'm working at the CRA (Community Redevelopment Agency), because that is a valuable piece of property, both historically, strategically, and candidly, it's one of the few pieces of property that we own that will probably appreciate in value, I said, three or four times. The truth now, it's probably ten times. Now, I am not casting any aspersions on anyone that has served up here. And I will say for the record that J.L. Plummer is a personal friend of mine and my family's, and I respect him. But I don't know what was motivating the urgency, which staff was recommending -- am I right? -- staff was recommending it be done on an expeditious basis, needs to be done. The building's going to fall. It's probably got some -- They're doing its a favor. Somebody wanted that piece of property. So this is all that I'm saying, Johnny. That's not to put a cloud over any of this, but I'm telling you, property is the one thing that the City -- that the County government and the City government have had a horrible experience with, from the Sherman Whitmores, that fine American gentleman, to all these other things. And I just think that if I were in this position, Mr. Manager, I would look to consolidate two boards or three boards to include this process, you know, as opposed to just eliminating it, because I think, given the fact that the Charter reform issue just gave us a lot more authority to dispose of property, much easier, and -- 81 March 14, 2002 Vice Chairman Winton: A little. Commissioner Teele: Well, it depends on the size. -- and the fact that there's all ]rinds of, quote, issues out there that none of us know, I did not -- and I'm not suggesting at all that there was an agenda on the Dire Station 2, and maybe I should not have been so direct about it. But the fact is, the record speaks for itself. And so I like what we're trying to do, Johnny. But I think in the area of property management, we really ought to -- by passing this motion, it only instructs the Attorney and Manager, as I would understand it, to begin the process. And 1 would hope that process could also include the merger with some other boards that may be outstanding before coming to -- you know, continue to have a filter, that we can at least say it went before them and we relied upon your judgment and their judgment, as opposed to this is something we wanted to do. Vice Chairman Winton: But, you know, we can't really have it both ways. If we think these committees are important and we want to defend the keeping of the committees, then we have to be willing to make appointments to them so they can have a quorurn. Commissioner Teele: Johnny, it's not that I don't think the committee is important. I don't think there has been enough activity -- Vice Chairman Winton: No, I don't think there's -- right. I mean -- Commissioner Teele: -- to award -- And it's not so much the role is not important, it just doesn't make sense to have a board to do just this, as opposed to a board that can do two, or three, or four things, maybe, and eliminate -- Vice Chairman Winton: Yeah. Commissioner Teele: -- eliminate five committees -- Vice Chairman Winton: Yeah, I agree with that a hundred percent. Commissioner Teele: -- and wind up with two -- Vice Chairman Winton: Dight. Commissioner Teele: -- somewhere. That's all that I'm suggesting. Carlos Gimenez (City Manager): Commissioner, some years ago, I sat on an ad hoc board of the Commission that looked at all the boards and the committees to -- and I think it's about time that we do that to make -- and get a recommendation from a body of people that are appointed by you to take a look at all the boards and committees. And one of the things that was really useful was that all the boards and committees went before that body and actually explained, you know, exactly what it was they were doing, and the reasons they were -- I mean, why they were beneficial or not. And there was recommendations, and a number of those boards and committees were either consolidated, or eliminated. And I think it's time that -- 1 would recommend that we look at that process again, and do a thorough review of all the 82 March 14, 2002 LJ • boards and committees that are created by this body to slake sure that they're all working and doing what they're supposed to be doing. Commissioner Teele: I'd like to call the question in support of the motion, which simply instructs the Attorney and the Manager to begin to -- just to -- Chairman Regalado: No. The motion is not like that. The motion that Johnny made was to move Property and Asset Review Committee to the list of committees that are being recommended for abolishment. Commissioner Teele: And ]'in ready to vote "Yes" on that. Cbairman Regalado: OK. If that is -- Commissioner Teele: But within the context of the discussion. Chairman Regalado; Did you understand the motion? So all in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. Thank you very much. Mr. Andolina: Thank you. 83 March 14, 2002 • The following motion was introduced by Vice Chairman Winton, who moved for its adoption: .MOTION NO. 02-285 A MOTION INSTRUCTING THE CITY MANAGER TO INCLUDE THE PROPERTY AND ASSET REVIEW COMMITTEE ON THE LIST OF BOARDS TO BE ABOLISHED. Upon beim seconded by Commissioner Teelc, the motion was passed and adopted by the following vote: AYES: Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: Commissioner Angel Gonzalez Commissioner Teele: Mr. Chairman, a follow-on motion to that. Chairman Regalado: Yes, sir. Commissioner Teele: Is that I move that a committee consisting of the Manager, the Attorney and the Cleric, for the purpose of providing the first cut of reviewing all boards be constituted and they be given till September to come back to us with a recommendation on that. Mr. Gimenez: Commissioner, if I can make a recommendation, I think that it would be more appropriate for myself to be an ex -officio member, and it would really -- it should be a board that is really established with representatives appointed by the Commission, because these are your committees. And I would certainly give the administrative help, but then it would be -- Commissioner Teele: I withdraw it. Let's take it under advisement. Let me tell you what I'm thinking about. I'm only thinking about the functions. I'm not so concerned about the boards. I think you are the best -- you and your staff are the best experts on how government is functioned and how this thing could be restructured. 1 agree, we don't want to empower you to recommend a policy decision, and that wasn't my intent. But I think there ought to be some functional reviews of these boards to see what could be consolidated -- functionality. But we'll go on to the next thing. Chairman Regalado: OK. Thank you very much. 84 March 14, 2002 10. AUTHORIZE MANAGER TO ALLOCATE $8,287 TO BAYFRONT PARK MANAGEMENT TRUST TO COVER COSTS OF POLICE AND FIRE SERVICES FOR CONEXION ARGENTINA FESTIVAL ON APRIL 28, 2002, SUBJECT TO ORGANIZER PAYING ALL OUTSTANDING FEES OWED FROM LAST YEAR'S EVENT PRIOR TO RECEIPT OF SAID FUNDS. Chairman Regalado: We have now Mr. Enrique Kogan. Vice Chairman Winton: Mr. Chairman. Chairman Regalado: Yes, sir, We had a time certain, but if you would allow just a few seconds -- Vice Chairman Winton: No, I don't mind at all. Chairman Regalado: -- presentation, because he's been here all day. Enrique Kogan: Thank you. Chairman Regalado: And Mr. Kogan represents Conexion Argentina, and he's going to address the Commission on the Argentinean Festival on April 28`x' in Bayfront Park. So I just want to say that this is the biggest Argentinean Festival in the world outside of Argentina. Mr. Kogan: It is. Chairman Regalado: Right, sir. Mr. Kogan: It is. (UNINTELLIGIBLE.) Argentinean Ambassador, by the Argentinean culture, (UNINTELLIGIBLE) nationally interested. Chairman Regalado: Your name. Your name and address. Mr. Kogan: My name is Enrique Kogan. Chairman Regalado: Address? Mr. Kogan: 1115 (UNINTELLIGIBLE) Drive, Suite 1711. I live in Miami for 21 years. Chairman Regalado: Right. Mr. Kogan: I believe the festival, which I can see, compared with other festivals at Bayfront Park, it's (UNINTELLIGIBLE) at the Bayfront Park. Now, the only thing I ask to the Commission is to allow me to have the Police and the Fire Department by the City. We calculate there's around 2,000 tourists are coming, for Argentineans all over the United States. You can see in the article that was in The Alfiami Merald in English, and also, we have a lot of Argentineans coming for the performance. And this year, we have a very big performance coming to the festival. I know you have to make some point. It is some point 1 want to regard about the festival. 85 March 14, 2002 Christina Abrams (Director, Public Facilities): Christina Abrams, Director of Public Facilities. The Argentinean Festival organizers are requesting a waiver of police and fire fees for a total amount of eight thousand, two hundred and eighty-seven dollars ($8,287). It is our opinion that this is a great event for Bayfront Park. However, there's an outstanding balance owed by the promoter to Bayfront Park, and it is our recommendation that no additional fee waivers or grants be given until that delinquent account is made current. Commissioner Sanchez: Mr. Chairman, Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Sanchez: As you know, as the Chairman of Bayfront Park, we have a strict policy on not waiving any fees. And although we promote and want to assist everyone that comes before us -- We're not going to dispute the fact that this festival attracts a large gathering of people and it's real -- it's something that's very positive for downtown, and Bayfront Park and the hotels. However, 1 would like to have a commitment from Mr. Kogan that the amount that's due to the park, he will pay. Mr. Kogan: OK. Let me explain. The amount due for the park is the damage which has been made by the people. Personal, there is some very, very different that we discuss with the Bayfront Park, which is two thousand dollar ($2,000), and I been working with the Bayfront Park for three years, and I always pay the dues, always, in advance. The damage been every year at the same spot, at the same place. And this year, it was double the amount. And it's something which I already have insurance -- Mr. Tin is going to tell you the insurance will pay. I have to hire a lawyer to pay. The insurance told me, why, why, every year, at the same spot, at the same place, you always the damage? So how six different road is cost ten thousand dollar ($10,000)? So the first, year, I pay five to six thousand dollar ($6,000), 1 pay by myself. Next year, it was like four, five thousand dollar ($5,000). This year, ten thousand dollar ($10,000). 1 say, hey, come on. Something must be wrong. So 1 call the insurance. The insurance say, no, it is wrong. It is other promoter have this problem. So I call other promoters, include Brazilian Festival, Colombian Festival. They say the same thing. They have a problem in the same spot. They always have this kind of problem. So what you do as festival, like I do, like I do it spectacular, because the Argentinean Festival is spectacular, believe me. And Tin can tell you. And after the festival, I always pay my dues, coming with ten thousand dollar ($10,000) damage in the same spot, every year, which the security provide at the Bayfront Park pay by me, OK? There is something wrong, because something must be wrong there, since it is Bayfront Park has the security and 1 pay for the security, the security should be there and tell the people not to go over the same spot. But for the past three years, in the same spot, the insurance will pay the money and I am sure they will pay that money. Commissioner Teele: Excuse me, excuse me. I thought -- What was your question? Are you going to pay the money that you owe? Was that the question? Commissioner Sanchez: That was my question. But apparently I -- I don't want to confuse you here. He's here to ask for waivers of police and fire, not the issue of what he owes the park. Right now, he owes the park -- I don't know the exact amount, but he owes the park money, pertaining to damages to the park. It is not the Bayfront Park Trust's responsibility. When you come and hold an event in our park -- and you hold a great event, and I'm here trying to help you -- it is your responsibility to have insurance. We look after the interest and the property of the park. If your festival does damage or harm to the park, it 86 March 14, 2002 0 • is your responsibility, through your insurance company that that insurance pays for it. It's not the Bayfront Park responsibility to go after your insurance company, and chase thein around and beg thein for the money. My concerti is -- and I am prepared to put this on the table. Your festival is a very good festival for the park. I'm not going to dispute that. It's good for the surrounding, the economy of the park, and I'm prepared to do that. But 1 do want to make sure that whatever money is owed to the park, whether it's your insurance company or not, if the insurance pays it, it's fine. But if they don't, I want you to put on the record today that you will pay that, because if we allow you to do that, then we're setting a principle that everybody else could get through the door with that. And I run, and the Trust runs a tight ship at the park. I'm willing to work with you. We'll discuss the fee waivers afterwards. But what I want on the record today, as Chairman of the Trust, is that you will guarantee if the insurance company doesn't pay for it that you will pay for it. Mr. Kogan: I will pay. That's no problem, because I cannot leave behind the festival like that. Commissioner Sanchez: OK. All right. Great. Now we go to the next thing, which is you're here to ask for waivers of police and fire. Now, as a Commissioner here, I could tell you that last year, we waived your fees. Mr. Kogan: Right. Commissioner Sanchez: And we have waived it in the past. Unidentified Speaker: You were waiving for everybody? Commissioner Sanchez: Exactly. So that's not a problem. But what I want to make sure is that if we have the festival again, sir -- and I have the utmost respect for you, although we have not agreed on a lot Of issues, but that's the beauty of democracy, and I still like you. I hope it's not personal. What I want to make sure is that if we have the event this year, and there are damages to the park again that your insurance pay for it, just like everybody else that does it. That's the rules. (INAUDIBLE COMMENT) Mr. Kogan: Let me tell you something, Mr. Teele. Commissioner Teele: Will you give me an invitation? Chairman Regalado: No -- Mr. Kogan: Let me tell you something, so you have an idea -- Chairman Regalado: They do it on the same place always. Commissioner Sanchez: It's (UNINTELLIGIBLE). Mr. Kogan: I want to hear from the people of Bayfront Park, don't ask if I owe money. Ask, please, ask which one is the best festival of the year at the Bayfront Park. I want the people to hear the truth. 87 March 14, 2002 Commissioner Sanchez: Yours is one of them. One of them. Mr. Kogan: No, no, I know it's the best. Commissioner Teele: Oh, we ought to give them a break if they throw a great party. Nothing's worst than having folks go out there and they don't have a good party. Vice Chairman Winton: I was just trying to figure out what's going on in that spot. Chairman Rcgalado: Something weird, you know. We have a Bayfront Trust member here. You want to address on this issue, Elena? Elena Carpenter: If I could, Mr. Chairman. Chairman Regalado: Go ahead. Ms. Carpenter: Elena Carpenter, Bayfront Park Management Trust Board, with addresses at 2980 McFarlane Road, Miami, Florida, 33133, Commissioner Sanchez, the Chairman of our Board, I believe that at our last meeting when we discussed this issue, our board passed a resolution that we would not or could not allow this event to take place -- which, by the way, we all agree, it is a very well put on and spectacular event and great for the City -- that we would not, Commissioner, we could not allow it to happen this year without prior payment of last year's indebtedness, which is the twelve thousand dollars ($12,000) that we're talking about. And you're asking him for a commitment to pay, but I'm not sure that you actually said prior to starting this year's event. And my second question -- Commissioner Sanchez: That's what I would imagine. Ms. Carpenter: Well, but I would prefer not to assume. And my second question, after an answer to that one would be: And what can we expect from him after the end of this festival? Because we do have a fiduciary responsibility towards the park, and we're sitting here with one year old bills that haven't been paid, and we're looking at another one. Mr. Kogan: Don't look at me like another promoter, because I always pay the Bayfront Park. And you can ask the accountant of the Bayfront Park that I always pay, always. Besides this, they always -- they take me some money extra every year for damage, and I never got any money back, and I never say anything, because I really love Miami. I really love what I do at the Bayfront Park. Don't look at me like other promoter. I know 99 percent of the promoter, they owes money. And the money I owe right now is some damage, in order to make a solution, which I going to pay, the insurance don't pay. Chairman Regalado: OK. But let's not get into this debate about -- What the Commissioner asked you is your commitment to pay. Commissioner Sanchez: And he stated on the record that he will. 88 March 14, 2002 0 0 Chairman Regalado: He did say on the record that he will. Now, we're dealing with the fees of fire and police. Commissioner Sanchez: My motion would be to have the administration sit down with him and see what recommendation the administration makes and see what they could waive out. I'm not going to waive when -- Chairman Regalado: April 28`x'. We got no time -- Commissioner Teele: I second the motion. Commissioner Sanchez: There's time. They can do it today. Vice Chairman Winton: By the way, you could do the fee waivers subject to him paying. Commissioner Sanchez: Oh, yeah. Vice Chairman Winton: So no pay, no fee waiver. Chairman Regalado: Just go ahead and do the motion like that. You waive the fees -- Vice Chairman Winton: Subject to being paid whatever -- Chairman Regalado: -- subject to the payment prior -- Commissioner Teele: But, Commissioner, Mr. Chairman, respectfully, we don't waive fees. Vice Chairman Winton: Right, right. Commissioner Tecle: What we do is we go to an account -- and I don't like this -- Vice Chairman Winton: No. Actually, we do both. We do both. Commissioner Teele: Yeah. We waive some fees -- But police fees are costs we can't waive. We have to pay for that. Now, the way we do it is we waive certain fees, the rental fees, rental fees, et cetera. And Christina, why don't you explain, please. But when it comes to the police officers and fire fighters, we have to pay that money. So we can't waive those fees. We have to find the money in some account and move it into a different account, and that's what we do here. Is that correct, Christina? Commissioner Sanchez: That's correct. Vice Chairman Winton: No, I don't think that's correct. Commissioner Teele: Yes, it is. Commissioner Sanchez: That's correct. 89 March 14, 2002 • 0 Chairman Regalado: Yes, it is. That's the way it's done. But, Commissioner, the way -- Vice Chairman Winton: I've never sat here through a discussion, listening to somebody talking about where we're going to find some money over in some other account. The motion's always been -- Commissioner Teele: Johnny -- Vice Chairman Winton: -- to waive the fire and police fees or to give a grant to the agency to pay for their own security. Commissioner Tecle: Johnny -- Vice Chairman Winton: It's been one or the other of those two processes. Comilnissioner Teele: Well maybe you -- the latter is what you're saying, but that's what we do. We've only clone the latter as it relates to police and fire services. (INAUDIBLE COMMENT) Commissioner Teele: Yeah. And what we do is -- and at the last time we did this, we did this primarily to accommodate a situation that occurred because, you know, there were a series of events that we weren't able to accommodate. We moved -- what? -- was it about two hundred thousand back into that account? Ms. Abrams: Yes, approximately. Commissioner Teele: In January or February. So we always -- Vice Chairman Winton: I understand what you're saying. Commissioner Teele: We always -- Vice Chairman Winton: So I'm not going to -- we're on the same wave. We're on the same wave. Commissioner Teele: This City is not doing what they used do, which is, quote, waiving fees. Commissioner Sanchez: Exactly. Commissioner Teele: We have accountability, and we know exactly how much money we're spending, and then we reimburse the Police Department for that cost. Those are real dollars from some account to another account, because at the end of the day, those police officers collect and get a check for real dollars. Commissioner Sanchez: And that was a special event account. Commissioner Teele: It's a special -- yeah. 90 March 14, 2002 • i Ms. Abrams: The motion would be to pay Bayfront Park for the cost of police and fire in an amount of eight thousand, two hundred and eighty-scvcn to pay for police and fire services. Commissioner Sanchez: So move. Commissioner Tcele: Second the motion. Vice Chairman Winton: Subject to -- Commissioner Sanchez: Subject to him paying prior to the event. Ms. Abrams: Subject to the Argentinean Festival organizer paying all outstanding fees owed to Bayfront Park before receipt of these funds. Chairman Regalado: OIC. There is a motion and a second. All in favor, say "ayc." The Commission (Collectively): Aye. Chairman Regalado: It passes. So -- Commissioner Teele: The smart thing we should have done was move to merge your operation with Raceworks. And then we would have had a promoted event that would have been :funded by them. But it's too late now. Mr. Kogan: You're going to come to my festival, of course, no? Commissioner Sanchez: Oh, he'll be there. Mr. Kogan: OK. April 28`' Chairman Regalado: And in the spot. And in the spot. Commissioner Teele: Precisely. Mr. Kogan: April 28`x'. Thank you very much. 91 March 14, 2002 Fhe following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 02-286 A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO THE ARGENTINEAN FESTIVAL, CONDUCTED BY CONEXION ARGENTINA (THE "ORGANIZER"), TO BE HELD AT BAYFRONT PARK ON APRIL 28, 2002; AUTHORIZING THE CITY MANAGER TOTRANSFER RANSFER FUNDS, IN THE AMOUNT NOT TO EXCEED $8,287, TO THE BAYFRONT PARK MANAGEMENT TRUST TO COVER COSTS OF SERVICES PROVIDED BY THE DEPARTMENTS OF POLICE AND FIRE -RESCUE, CONDITIONING SAID AUTHORIZATION UPON THE ORGANIZERS: (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 T14E AMOUNT AS PRESCRIBED BY THE CITY MANAGER; (4) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER; AND (5) REIMBURSING THE BAYFRONT PARK- MANAGEMENT ARKMANAGEMENT TRUST FOR ALL OUTSTANDING FEES OWED FROM THE 2001 ARGENTINEAN FESTIVAL. (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: Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: Commissioner Angel Gonzalez 92 March 14, 2002 IL DIRECT MANAGER TO NOTIFY SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM OF CITY'S INTENT NOT TO RENEW ITS CONTRACT WITH CONSORTIUM, SUBJECT TO MANAGER'S CONTINUED NEGOTIATIONS WITH STATE OF FLORIDA, MIAMI- DADE COUNTY AND MEMBERS OF CONSORTIUM TO RESOLVE ISSUES, INCLUDING APPROPRIATE POSITION OF CITY WITH CONSORTIUM. Chairman Regalado: We have -- 3 o'clock for Vice Chair Winton. He has an item in his blue page regarding the South Florida Employment and Training Consortium. Commissioner. Vice Chairman Winton: And Gwen's going to give this presentation. 1 talked to the Assistant County Manager from the County just 30 minutes ago about this issue, and she asked that we defer this item, because she wants someone from the State to be here, as well. And so what I told her we would do is we would start the dialogue, which is going to be delivered by Gwendolyn Warren, and we will take no action today. We will defer action until they can get the people that they want to come here, so we can have the other side of this debate. Chairman Regalado: Commissioner, just an -- I don't have much information about this. I know that you've been involved, but I'm told by people in the State that the City of Miami should be getting more money, and that the County is getting a lot of money, and that the City, by statistics, and by population and by needs should get the lion's share of the money from the State. Now, this -- I was told this by a former member of the State committee from South Florida, that I wish that you meet with him, and he'll tell you, because you will understand better than I the things that he told me. But I was really surprised. And as a matter of fact, he's saying that, you know, we are being short changed in hundreds and thousands of dollars. Vice Chairman Winton: Well, and what you will learn, and it's much more complex and, frankly, dangerous than that, because not only -- and you'll hear this -- but I think that based on our population and our poverty level, I think it's something in the neighborhood of 36 percent of all the money that comes down here to Dade County comes directly as a result of our demographics. So -- and when the money comes, we have a liability, a direct liability to our general fund for how that money is spent. And if there's -- some of that money gets spent improperly, and it's spent in -- just to pick an example, I think I'll pick on Homestead -- in Homestead, and it's spent improperly, and there's a recapture of those dollars required, guess who gets to pay the recapture? The City of Miami. So it isn't just an issue over getting our fair share. There is a liability issue here that goes directly to our general fund. And I'll stop and let Gwen Warren make the real presentation. Gwendolyn Warren (Director, Community Development): Actually, that was a pretty good presentation. Commissioners, today, the -- Commissioner Winton is the representative on the South Florida Employment and Training Consortium. And approximately some 20 odd years ago, I guess, the Consortium was put together when the Comprehensive Employment Training Act was initiated. They Joined forces, five government agencies, Monroe, Dade County, City of Hialeah, Miami Beach and the City of Miami. The purpose was to not only maximize the resources that was coming to the region, but also, as a result of the Consortium, it's anticipated we would receive additional benefit. Since then, several pieces of job training legislation has been introduced. Under the current -- And at that point, the policy was established that each member of the Consortium would underwrite or insure, if you will, or be responsible for their percentage of the draw in terms of any liability or (UNINTELLIGIBLE) expenses. 93 March 14, 2002 Subsequent to that, now there's a new piece of legislation that designates Dade County as the sole -- and Monroe County as the designated recipients of Employment and Training dollars that come. So the chief elected official of Dade County, the Mayor of Dade County is the actual legislative designee to -- not only would Dade County be the recipient of the funds, they would be responsible for managing, establishing the advisory board, et cetera, for all of the -- and again, Monroe is involved in this -- for the whole region. So the question that I was having today or that we were discussing today is that the City of Miami no longer has the responsibility, either through legislation or any other reason to be underwriting the liability of the fluids. The two designated government agencies, Dade County and Monroe are responsible for ensuring that all of the County residents receive services and the City of Miami has continued to participate in the underwriting policy. So the question before you today is whether or not you want to renew the contract with those terms and conditions. Vice Chairman Winton: When is the contract due for renewal'? Ms. Warren: June 30`'. Based on our interlocal agreement, we have -- should provide a 90 -day notice. Harriet Spivak is a member of the staff -- actually one of the Executive Directors of the advisory board, and she again could speak to the legislation. And so my concern or the issue that we're addressing today is not necessarily whether or not the City is receiving its fair share as much as the legislation does not require that we insure the County, and does the City want to continue with that policy. Vice Chairman Winton: Well, but there's an issue -- I mean, because that's not accurate. Ms. Warren: And then there's an additional issue of services. Vice Chairman Winton: Yeah. I mean, on this whole Work Force Development money, namely. I think there's some -- Ms. Warren: The secondary issue, if I follow up, is that -- not -- well, the comparable issue is that the City of Miami, as a result of its population, generates a significant amount of the money that comes to the region. And the question has always been: Do we receive a fair share? Not the City of Miami, but City of Miami residents and organizations. And we have not been able to substantiate that that is true. But the issue today, again, that we were discussing is the liability issue. Vice Chairman Winton: Well, but the issue over whether or not you stay in can't be driven by just a liability issue. The decision of whether your stay in is driven by all of the above. And so when we get ready to make this decision at the next round of debate, I want to make sure that we have for this Commission all the data. You've shown me the data. I want the data to come before the Commission so we can talk about whether or not -- and the Commission can determine in their own whether or not they agree that we're getting our fair share or not getting our fair share, and then this issue over liability, because as far as I'm concerned, they're both important issues. Ms. Warren: Again, the data, to verify the data, the Employment Training Consortium staff would -- is the keepers of the data. So they would have to provide us the financial and the service levels in the City of Miami. We do not maintain that data. We could possibly get it from the State, I would imagine, though. Harriet Spivak: It's in the State data base. You could get an impartial -- 94 March 14, 2002 Chairman Regalado: Your name and address. Ms. Spivak: I'm sorry. Fin Harriet Spivak, the Executive Director of the South Florida Work Force Board. And if I could, I think there are some additional considerations that are part of this discussion that I would like to add. And just to put this in a perspective, the South Florida Work Force Board is no longer under the new legislation advisory body. The South Florida Work Force Board is the policy board that determines what happens to a hundred and fourteen million dollars ($114,000,000) a year worth of Work Force dollars. Under the way things are configured, this board is appointed by the members of the Consortium. So if the City of Miami, for instance, remains in the board -- and clearly, we're talking about decisions about a hundred and fourteen million dollars ($114,000,000) worth of allocations. The members of the City of Miami, for instance, would be making -- the new board is going to be a 45 -member board, reduced from where it was. You would be making 21 of those appointments, of which you would be making ten out of the 24 private sector business appointments. That's more than 42 -- about 42 percent of the private sector appointments, which are the key to the decision process. The overwhelming majority of the board is private sector. Who sits around the table has a lot of -- I don't have to tell you this. You live and breathe this -- the nature of the decisions that are made. The areas in which you have input, for instance, are the plans. And we're putting together strategic plans that have to do with -- It's not just who gets a little bit of money for whatever. It's what industries, what economic initiatives we do work force planning for. It has to do with what kind of populations and what kind of priority we want to put the emphasis of the money on. Some of the money, obviously, comes tagged, so much for refugees, so much for welfare transition and so on. I can indicate that those are some very important decision issues that you, I believe, would want to participate in. Obviously, we would be serving the residents of the City of Miami, as we always have. I believe the data, no matter who you ask, who you determine you want to get it from will show that we, I believe, have served a disproportionately high percentage of City of Miami residents, because so much of it is tied to poverty. And as you said so eloquently at the economic summit, you obviously have the poverty population here. And as you mentioned at that time, it is in the City's interest to work with other entities to collaborate on how to develop those plans. In terms of the dollars for refugees, in terms of the dollars for welfare transition, you have a highly concentrated population here that I subscribe as considerably more than 36 percent of the total population that we serve. We serve the working poor. We serve the economically disadvantaged. Clearly, considerably more than 36 percent of the population is here, if you take a look at the number of One Stop Centers, where they're located and so on. So you may want to have an -- well, we'd be happy to put together data, but obviously, if you want to have an independent analysis, you can get a download from the State, as well. But in terms of the strategic issues and the areas that you would no longer participate in as members of the Consortium, you would not be making those appointments. You would not be making that share of the appointments to the representation on the board. You would not longer be part of -- Obviously, we would sit with your staff, and obviously, we work with everybody we can to put together the plans. Those are pretty significant strategic issues. You would determine where One Stops are located. The Consortium members, along with the South Florida Work Force Board makes those decisions about the strategic location of One Stops. There are 25 of them now in Dade County, nine of them in the City of Miami limits. We are about to go through a five-year plan that strategically changes those locations, and I think you'd want to be part of that process. We're consolidating areas, and that becomes key to you. So in terms of budget priorities for a hundred and fourteen million a year, in terms of the plan as to what employers we hook up with, what industries, the objective of our long-term plan is to take people who are in poverty and not just get them a job, but move them up into economic self-sufficiency, taking people over a very long period of time and 95 March 14, 2002 0 providing services. And I would think you would want to have a tremendous amount of input into those kind of decisions. Would we work with the City, regardless? Of course. Would you have your people who you determine are key voices and advocates around the table? Probably not, if you were to leave the Consortium. I think what Gwen was referring to is under the new legislation, the way the State has determined -- the boundaries of allocation areas are counties rather than cities. There has been a respect afforded to the Consortium agreement, which is a longstanding agreement going back to 1978. So while the local elected officials are defined elsewhere, as in this case, the Mayors of the two regions, they respect the fact that in this region, it has been locally determined that five governments share the definition of local elected officials, and so it is the five governments who are making those decisions, approving those decisions, and there's a lot more to it. In terms of the liability, Gwen is absolutely right. If you are no longer a Consortium member, you don't have the liability. I do not believe for the number of years that the Consortium has been doing business, the amount of money that you've paid back in terms of liability has been much at all, given the fact that we're talking about 23, 24 years worth of -- It hasn't always been over a hundred million, but back in the `70s, it was, and in other years, it's been at least forty million or so. So there's been a lot of services and relatively little liability. Of course, the liability remains a concern. But 1 would hope that in your deliberations, you would consider the very strategic, collaborative planning that you talked about, and the way that the City remains as part of the Consortium. It becomes very much an issue of the City being a key player and appointing to the decision making boards those key advocates for the interest of industries and businesses in the City that you would like to see around the table. Vice Chairman Winton: Mr. Chairman. Chairman Regalado: Yes, sir. Vice Chairman Winton: I'm sorry, go ahead, Gwen. Ms. Warren: Just one comment. Again, I think Harriet very eloquently explained the reasons why the Consortium is a beneficial format. I'd just like to clarify that the Commission -- the City of Miami, although we have 36 percent of the liability and may even generate up to 50 percent of the resources, we have one of five votes on the Consortium. And again, there are some issues that the State has raised regarding performance. I think you've been privileged to some performance data. There's some concerns that have been raised in general about the region. And again, the issue that I'm raising today is that our Population will be served with one in five votes. So we don't necessarily represent 50 percent of the planning, although we may generate 50 percent of the money, and it is a liability and underwriting issue at this point. Vice Chairman Winton: Taxation without appropriate representation. Ms. Warren: I would suggest so. Vice Chairman Winton: Mr. Chairman. Chairman Regalado: Yes, sir. 96 March 14, 2002 Vice Chairman Winton: And I think you all recognize that, particularly coming from me, I'm not typically one to be pulling out of things, but 1 like the idea of working with a broader group of people to make things happen. And I'm not suggesting right -- I am going to make a motion to suggest we set the clock ticking to do that. But I don't -- it isn't my first desire. My first desire is to get the City of Miami appropriately positioned with this entire Consortium so that it really works to our benefit and we have an appropriate say in this entire organization. And we can -- And I've been on this board for two years, and it's complex. There's a lot of people involved. But it may be able to be made to work. However, we're required, though, to sign up for a new deal by June 30"'. And we have to give a 90 -day notice of our intent not to enter into the contract again. So from a timing standpoint, we really have to make some sort of decision today. And so the motion that I'm going to make is that we move to not renew our contract on June 30t" and send that notice unless -- And that will be subject to, though, the continued dialogue with the State, and members of the Consortium and the County to figure out how we appropriately lit, and resolve some of the issues that we have with the Consortium. So if we can resolve these issues, I'm going to come back with another resolution to this Commission and suggest that we not pull out, because, frankly, I think almost always, you're better served to work with a bigger team than to try to go it alone. Almost always. But it's got to work right. So the motion I'm -- I think I gave the wording, so I'm moving the motion. Commissioner Teele: Second, for purpose of discussion. Chairman Regalado: It's a motion and a second. Commissioner Teele. Commissioner Teele: First, I wanted to compliment you. I don't know that I've had the opportunity to work with you. I'm most impressed with your demeanor and presentation, and your clear understanding and respect for a governing board such as ours. And I agree in principle with everything that you've said. What bothers me most is what you didn't say. I'm much more -- I'm going to be much more guided in my deliberations by what the results have been and what the experience of Miami has been over the last -- let's say five years. Johnny, I mean, we just did that with -- And, you know, it's fine to talk about what's going to happen in this process, and it's dynamic. But let's also start out with what has been. What has been our experience with the Consortium? What has been the dollars'? What have --- And I think the one area that perhaps was the weakest part of your presentation was the reference to the web site. Ms. Spivak: Did I? Commissioner Teele: Yeah. And 1 mean, I appreciate the reference to the web site, but I think as the Director, you should come to us with the facts, and you should be more than willing to analyze those facts and share them with us from your perspective. And I don't want to get into a debate, because I. think you're very eloquent, and I think you're very well stated. But I'm saying if you had come today and said - - and given Lis (UNINTELLIGIBLE) of what the experience has been in this, I would be much more inclined not to second the motion that's on the table, because I would have something to basically say, well, staff needs to come in with something different before I do that. But this is the problem that I have, Mr. Manager, and you're not the target. Your colleague sitting next to you is my target. Here again -- Vice Chairman Winton: Is that me or hirn? 97 March 14, 2002 Commissioner Teele: No, him. Here again, Johnny, I want to thank you for putting the item on the agenda. But these blue pages -- which I originated, and after two years of fighting up here, i got them here -- are not designed to have substantive discussions without going through a very rigorous staff process and evaluation. And, Mr. Manager, I really believe that your office should have given us this issue with an analysis, with a background, with a history, and with some analysis. And I want to say one other thing on this. Mr. Attorney, I am asking you to prepare for my sponsorship an ordinance that amends the Budget Office's duties and responsibilities to specifically include providing an update annually -- to analyze and provide an annual update of all of the interlocal agreerrients that the City of Miami is engaged in. And this is the problem. This is 20 years of nobody really paying attention, now. We've got the Performing Arts interlocal agreement. I'm still waiting on that analysis, you know, the Budget Office's analysis ofthat. We've got this agreement now coming up today. Some office other than the Program Office -- You know, in the case of the Performing Arts Center, we don't need the CRA (Community Redevelopment Agency) doing that analysis. It's CRA money. We need a detached office that is looking at what the best interest of this City is on all issues, and in most agencies, that's the Budget Office. We need an independent analysis from your point of view in terms of our interlocal agreement on what this really means. I think that the real problem that 1 have with this is the fact that the Charter says that there can only be one legal officer to the City. I heard Attorney Warren give all sorts of legal analysis about what the State law did, and what it changed to do. And then Pm hearing from someone else who may or may not be an attorney, or at least a practicing attorney, with or without license, as to what the State law does and doesn't do. Mr. Attorney, I'm looking to you to give us a written analysis of all of this, because, you know, when Ms. Warren made her presentation, I said, well, it looks like Miami -Dade County is doing it again, you know. They changed the law -- we set the interlocal agreement under this law, they changed the law, dah-dah-dah. I don't know what the law is. And I don't really want to research it. I think the Law Department owes this Commission a detailed analysis of the law, the history and how we got where we are. And the Budget Office, working with Ms. Warren's office owes us an interlocal agreement status. And I then think, Ms. Warren, you owe us the basic program analysis that drives your recommendation regarding how much poverty do we have, how much money are we getting, are we at the table? I'll tell you like I say to Mr. Turner all the time in the Planning Department. You can't get a grant from the MPO (Metropolitan Planning Organization) and the DOT (Department of Transportation) if you don't apply for a grant. So it's one thing to say we only got 17 percent of the money and we represent 31 percent, but I would expect you to come in and say: Yeah, but in year four, you didn't apply for but this amount of money, and this is what we gave out. And in year three, you didn't make any application at all, or to the converse. So I think what we need is information, and we don't need to be stampeded. I want to do this right. I think Johnny Winton has done the brilliant thing here, and that is to serve the notice that we're going to get out of the agreement with the caveat -- and I -- the only tiring that I would amend, Johnny, I would recommend that we set April the 25`x' -- that's 45 days -- Vice Chairman Winton: Agreed. Note for the record: Commissioner Gonzt]Iez entered the chamber at 3:41 p.m. Commissioner Tecle: -- to have a discussion and a review of this with all of the things that everybody needs. And candidly, I would hope that there would be briefings of the various Commissioners, and I would welcome you to -- Ms. Spivak: Thank you, and we'll be here. 98 March 14, 2002 Commissioner Teele: -- to brief me and all the others, so that when we get here, we're not arguing over facts. At least we should not argue over facts. Vice Chairman Winton: Yeah, Harriet. And I want to make a point there. What Commissioner Teele is saying is that you all need to come see each of us individually ahead of time -- Ms. Spivak: Sure. Vice Chairman Winton: -- with the facts, the data, so that we can be well armed before we have the public discussion next time on the 25`" Ms. Spivak: Absolutely. Commissioner Teele: And Ms. Warren should come inect with LIS. Vice Chairman Winton: Precisely, with the data. I don't -- you know we -- Commissioner Teele: And it would be best if you could come together. Vice Chairman Winton: I looked at data. I don't know why you said we don't have any. I mean, you showed me data. So. Commissioner Gonzalez: Is that a motion, Commissioner Teele? Vice Chairman Winton: (UNINTELLIGIBLE) from the State, get it. Commissioner Teele: Winton has a motion to serve the notice to sever the agreement, which has to be done about now if we're going to do it, but further, to review the item. And he's agreed to an amendment that we'll review it on April 25t", with all sides being given an opportunity to make a presentation. Commissioner Gonzalez: I second the motion. Chairman Regalado: It's been seconded already by Commissioner Teele. Commissioner Gonzalez: OK. Chairman Regalado: So it's been moved and seconded. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. Thank you. 99 March 14, 2002 0 The Following motion was introduced by Vice Chairman Winton, who moved for its adoption: MOTION NO. 02-287 A MOTION DIRECTING THE CITY MANAGER TO NOTIFY THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM OF THE CITY'S INTENT NOT TO RENEW ITS CONTRACT WITH THE CONSORTIUM WHICH EXPIRES ON JUNE 30, 2002, SUBJECT TO THE MANAGER'S CONTINUED NEGOTIATIONS WITH THE STATE OF FLORIDA, MIAMI-DADE COUNTY, AND MEMBERS OF THE CONSORTIUM TO RESOLVE SOME ISSUES, INCLUDING THE APPROPRIATE POSITION OF THE CITY OF MIAMI WITH THE CONSORTIUM; FURTHER DIRECTING THE MANAGER TO SCHEDULE AT THE COMMISSION MEETING CURRENTLY SCHEDULED FOR APRIL 25, 2002 A DISCUSSION AND A REVIEW OF THIS MATTER. Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None 100 March 14, 2002 0 12. DISCUSSION AND PROPOSED RESOLUTION ESTABLISHING MINIMUM QUALIFICATION REQUIREMENTS FOR COMMUNITY-BASED NEWSPAPERS. Chairman Regalado: We need to do something. We're going to jump here on the agenda and we're going to do Item 29, because we have a guest here that is scheduled to speak on the matter. And this is a discussion and proposed resolution establishing minimum qualification requirements for community- based newspapers. As a background, you remember that the City Commission, several meetings ago decided, at the request of some local community newspapers that the City should advertise in community newspapers. The City Clerk sent out an RFP (Request for Proposals) for community-based newspapers, and we got responses. Now, I requested the list of papers that were sent information, and most of the papers were located outside of the City of Miami. Now, we have to decide here. We have to make a decision here. What are we going to do, and what are we going to take? I remember that we said that papers with office and circulation in the City of Miami. So I don't know where we are right now. Madam City Clerk, I don't want to just put you on the spot, but you weren't here when this process started. So before -- Do you want to say something'? Priscilla A. Thompson (City Clerk): Yes. It's my understanding that Mr. Nachlinger is ready to provide the information that you need. He has the report ready. Chairman Regalado: OIC. So let's hear from the administration and then from the media representative. Yes, sir. Robert Nachlinger (Assistant City Manager): Thank you, Commissioner. Bob Nachlinger, Assistant City Manager. We sent out an LI (letter of interest) on February 14`x' to solicit newspapers to respond and provide information. What we've asked the Commission to do in this Item Number 29 is to go over the criteria and establish that criteria that we will use to make those selections of those newspapers to be used on a rotational basis for community courtesy notices to be published in them to keep the public informed. Chairman Regalado: OIC. You want to -- let's hear from Elena. Elena Carpenter: Yes. Good afternoon. Elena Carpenter, publisher, Coconut Grove Times, Brickell Post, South Miami Times, with offices at 2980 McFarlane Road, Miami, Florida, 33133. Thank you, Mr. Chairman. The only comments that I have are in reference to the requirements that you have established, the minimum qualification requirements that you have established for newspapers, and basically, conceptually, I don't have any differences. But I wanted to propose for your consideration some minor changes that will, I think, better serve the City of Miami. Your qualifications right now are rather great, and minimal and simple to follow. The first newspaper in operation for three years. Great. At least published in a bi-monthly basis. Great. Your third one is that the newspaper should have a circulation of at least 10,000. I would recommend that you add "within the City of Miami," so that the circulation is in the City, and also that you qualify circulation of at least 10,000 -- what? -- Per issue? Because, actually if that -- Chairman Regalado: Excuse me. I wanted to recommend to the board that we establish certain criteria, because I think it's important what is -- probably, it's important that we emphasize, you know, papers with offices in the City of Miami, but its more important the circulation of the papers in the City of Miami. So 101 March 14, 2002 0 I would recommend to the Commission to set a criteria. Papers with 50 or more points of circulation within the limits of the City of Miami. 50 or more. Vice Chairman Winton: What does that mean? Ms. Carpenter: Did you say "50" or "15"? Chairman Regalado: 50, 50, 50. Commissioner Gonzalez: 5-0. Chairman Regalado: 5-0 points of circulation. Vice Chairman Winton: 5-0 points, what does that mean? Ms. Carpenter: What he means by that is 50 points of circulation. Chairman Regalado: 50 places where, in the City limits of the City of Miami, you can get one publication. Commissioner Gonzalez: Mr. Chairman, this is a public meeting going on, right? Chairman Regalado: Right. Commissioner Gonzalez: It's going to be closed for discussion arnong the Commissioners later on? Chairman Regalado: No. We haven't done any motion yet. Go ahead. You can -- Commissioner Gonzalez: OK. On the requirements on Section E, Paragraph 2, I would like to propose an amendment to the Section 2. Instead of at least a bi-monthly basis publication that it be a monthly publication, because the reason is that we have many small community newspapers in the City of Miami that, you know, that only have four, four pages. And, you know, we'd rather have -- at least I think the people would rather have a monthly publication with more information and more, you know, variety of information than having a publication every two weeks with four pages, So that's -- Chairman Regalado: Commissioner, I agree. The point here is not whether you publish bi-monthly, bi- weekly, weekly. The point here is circulation, the impact that you create in the City of Miami. This is why I'm asking, and I'm asking you, as a publisher. L believe that 50 points of circulation within the City limits -- what does it mean? Ms. Carpenter: I'm sorry; I never understood what that meant, Commissioner. Chairman Regalado: What it means is the -- Ms. Carpenter: Oh, do you mean drops, physical drops -- 102 March 14, 2002 Chairman Regalado: Yeah. Points of circulation. The City Hall, the City Hall is one point of circulation for your newspaper. Coco Walk, one, two, three, four points of circulation. Brickell. What I mean is 50, at least 50 places where, within the City limits of the City of Miami, you can get the newspaper. Whether it's free or you have to buy it, it doesn't matter. That's irrelevant. But it has to have either news racks or points of circulation. And when I say 50, 1 am -- I think Fin going under, because most publications have more than 50 points of circulation throughout the City. But I just want to make sure, because what is important is the circulation in the City of Miami, the impact that a publication -- and the readership in the City of Miami, within the City of Miami, about the City of Miami. What we want, what we want is that our money is worth. And the only way that money is well expended is when you have readership within the public that you want to reach. We do not want to reach the people in Pinecrest. We want to reach the people in the City of Miami. Commissioner Sanchez. Commissioner Sanchez: Mr. Chairman, you know, I think that we may be opening a can of worms on this one. Let me tell you, I cannot name how many newspapers that are in this community. And although setting up guidelines for qualification is fine, there's going to be all kinds of dispute. I mean, you walk into a restaurant of some type, and there's 50 newspapers that are there. I'll tell you what I don't want. I don't want to be chased around this community by little newspapers inquiring of, you know, why aren't they involved in this process. 1 just think that we need to be very careful, though. And I think that the concept is a good concept, because we're going to be able to reach, you know, the Haitian community and some community that somehow may be left out in the communicating publication service. But let me just say something. The qualifications that are here that I have a little bit concern -- I am glad to see that Number 4, newspaper should be physically located in the City of Miami, and shall possess and maintain a current City occupational license in accordance with the City Code. That's fine. But, Number 1, newspapers shall be in continuous operation for at least three years. Why not five years? Mr. Nachlinger: Commissioner, Bob Nachlinger again. We put these items out as a minimum. Hopefully, the newspapers we'll be dealing with will be, you know, well-established, reputable newspapers. Commissioner Sanchez: Well, that's the question. You just hit the nail on the head, because some of these little newspapers -- you know, hey, they'll write and they print whatever you pay them to print. And that, I have a concern with. Mr. Nachlinger: Yes, sir. And we do, too. Commissioner Sanchez: OK? Mr. Nachlinger: But the -- Commissioner Sanchez: Because the last thing we want to do is have something from the City of Miami and really -- you know, have the picture of something that may be offensive or criticizing somebody else in the political arena, and that is -- you know, some of these little newspapers have turned into weapons of mass destruction in the political arena. Mr. Nachlinger: Yes, Commissioner, but I -- 103 March 14, 2002 Commissioner Sanchez: It's the truth. Mr. Nachlinger: Well, our goal in this was to not put a criteria out that would be so vague as "reputable newspapers." You have to define that. And we settled on something in continuous circulation for at least three years. The issue on the twice a month publication as opposed to the monthly publication is really one of ease for the administration. Normally, we don't get notices of meetings early enough where we could publish in something that was only published on a monthly basis. Typically, we get no more than a month's notice on these series of community meetings. And for us to try to make publication dates for a monthly publication is virtually impossible for us to have these courtesy notices and have them printed and available to the public on a timely basis in a monthly publication. Commissioner Sanchez: What's the budget the City anticipates putting forth on this'? Mr. Nachlinger: At this point, the -- Chairman Regalado: The same budget that we have now. Mr. Nachlinger: That's correct. Commissioner Sanchez: And how much is that? Chairman Regalado: The same budget that we have now. We have to make -- See, Joe, what we're doing here. Commissioner Sanchez: No, no, I want to know the amount. Chairman Regalado: No, no, but let me explain the concept, and then we ask -- the amount will be known by the City Clerk, not by the administration. But -- Commissioner Sanchez: But are we talking about things that have come out of the City Cleric, or are we talking about informational pieces, articles that have come out pertaining to a message from the Commission, or a message from the Mayor, or a message from Public Works, or any other department? Chairman Regalado: What we wanted to do, Joe, with this -- and it began because some community newspapers felt left out of the process, and they were right. When I came to the City Commission, the City was very liberal in awarding advertising. And sometimes, it used that for political purposes. Because of the crisis in '96, we decided to cancel all that advertisement and focus on the needed advertising, which was the zoning and the notice for the public. However, by doing that, we fell into a contradiction, because we would only advertise in the major media. And the major media got all of the budget of the City, while at the County, you had a more spread way of advertising. So what we are doing here is we are not deciding to spend a million dollars ($1,000,000) doing advertising. What we're doing here is changing the rules, so if, in the future, the City Commission decides to report to the residents of the City of Miami about the bond issue, and how are we going to spend the bond issue, then the City Commission will tell the administration, well, we want to spread this information, and we want you to buy advertising in the papers that have qualified within this regulation. That's all what we're doing. The 104 March 14, 2002 budget, I don't know the budget now. Maybe you know or maybe she knows. But the budget -- we're not changing the budget here at all. It's just the qualifications for the publications. Mr. Nachlinger: That's correct, sir. Chairman Regalado: The budget, do we know the budget? Ms. Thompson: The budget in our non -election years is approximately between sixty-seven and sixty- eight thousand dollars ($68,000). That's regularly. When you get into election year, it needs to be beefed LIP to even more than that. Bur normally, between sixty-seven thousand, sixty-eight thousand. Chairman Rcgalado: Is that a year? Ms. Thompson: That's correct. Chairman Regalado: That's a year. Now, the administration has a different budget, or that's the only budget? Mr. Nachlinger: No, sir. This resolution anticipates that if a department requires advertising to go in these community newspapers, that funding would conic out of their budget, their departmental budget. Chairman Regalado: OIC. You understand? Commissioner Sanchez: I understand. But once again, I would like to ]snow the materials that will be put out in these newspapers. In other words, is it going to be public notices? Is it going to be bond issues? I don't have a problem with the bond issues. Public notices in these little newspapers -- Chairman Regalado: No. He just said that that would be -- For instance, for instance, if the Parks Department has a Parks election in every district, the parks should advertise in community newspapers and the amount of that cost will come out of the Parks Department. Commissioner Sanchez: As long; as we come back and we select what we're going to be putting out in these little newspapers, that's the concern that 1 have, because the last thing we need may be to put one thing on the newspaper -- And it's not censoring. And I just don't -- it may be the selection process, because I'm telling you, there's some -- 1 don't want to open up any Pandora's boxes out there that are going to make this City look bad. You ]snow, that's a concern that I have with a lot of these newspapers. You got to understand. There are respectable newspapers out there, and then these little newspapers that are just hired guns to tear people down and, you know, they're using political -- Ms. Carpenter: Commissioner, you don't have to run -- if I understand this properly -- Chairman Regalado: You don't have to run everywhere. Ms. Carpenter: You don't have to rum everywhere. You're setting the parameters to say this is going to be a list of qualified vendors. 105 March 14, 2002 Commissioner Sanchez: Right. Ms. Carpenter And then I would hope that somebody with some marketing knowledge would say: I believe that this one, and this one and this one would better benefit the City of Miami, as in any other program. Commissioner Sanchez: And then you know what's going to happen? We're going to have the ones that are Ic1_1 out -- 50 of them, because there's a thousand little newspapers in this community -- here, complaining about it. Chairman Regalado: That's right. Ms. Carpenter: Well, they're not right now, sir. Actually -- Commissioner Sanchez: Chasing us around -- Listen. I just don't want to get in the situation that it's heading. 1 know that this could be a can of worms. Ms. Carpenter: It isn't in the City of South Miami. It isn't in Miami -Dade County, Commissioner. That's why I came here and requested that we do this. It's not a problem. Chairman Regalado: I don't see any problem at all, Joe, because what -- basically, it's about marketing and about targeting people. Let's say that we want to do -- and this is an example -- that we want to do a public hearing on the Little Haiti Park. The logical place to advertise will be in the Creole publication. You will not -- you will not advertise in Diario De Geis Americas for the public hearing in Little Haiti Park. Let's say that you are going to have a public hearing for the renovation of Jose Marti Park. Then YOU need to go to the papers that, according to the Media Relations Office, have greater impact and circulation in the Little Havana area. (INAUDIBLE COMMENT) Chairman Regalado: Well, but that -- See, the point is -- the point is that there is criteria established. And that would be up to the marketing people that would recommend to do this. I really -- I really don't think that there is a problem. 1 don't. I don't think that there is a problem with setting, because what we're doing -- See, what we're doing now, it's unfair, because we are -- We have a pie, and the pie is always cut in three or fora- different slices, and that's it. We will have the same pie or probably a little more, in case that we need to do something else. But we can reach the neighborhoods through the community newspapers. So. Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: I think that we should do this, first and foremost, as a pilot project program for one year, and have it come back. I think we're absolutely committed, all five of us, to trying; to help and give venue newspapers that are in the City of Miami that have employees -- and I'm really concerned about who's in and who's not, you know. What's the definition of "the principal place," and all that, you know. 106 March 14, 2002 Do they have a certificate of occupancy of a building'? Or do they have employees? I mean, you know, 1- - there's some open questions there. Because you'll find people that are up in Broward County opening Lip an office. You can open up an office downtown right now for probably about a hundred and twenty- five dollars ($125) a month with sonic of this office sharing, you know. So let's think this -- Chairman Regalado: But Commissioner, if just one second you'd yield. It isn't worth it. It isn't worth it to spend money just to try to get some, you know, bond. Commissioner Tecle: I'll agree. "Then let nne just take -- Chairman Regalado: I mean, no serious media outlet is going to open an office in the City of Miami just to get a share of sixty thousand dollars ($60,000) a year advertising. Vice Chairman Winton: Excuse me. Do you mind, Commissioner Tecle? This is only a resolution. We can review this next month if we want. So I think that we're going to count on the administration and the Clerk's Office. If this thing starts spinning out of the control in a way that some of us are really worried about, then it comes back and we modify it. Mr. Nachlinger: Commissioner, if I could. One of the -- some of the comments -- I want to make sure that you understand this issue for really what it is. This is not publication to satisfy the notice requirements as specified in state law. This is only the courtesy notices that we would be publishing in the community newspapers, which otherwise would not satisfy the notice requirements under state law; just the additional notices that we publish to better inform the population within the City of what's going on. Vice Chairman Winton: Which goes to Commissioner Regalado's point that there really isn't that much money involved in this, so that the concern about all the new newspapers coming on board and all that jazz probably isn't going to happen. So I thin]( -- Commissioner Teele: I -now what? I'm really happy that Ms. Thompson's here, and I'm pleased that You're here. But, Ms. Thompson, I'm going to tell you something. You just did something very dangerous, because you really have no clue as to what you just did. I'll bet you right now the City of Miami spent six hundred -- you said sixty thousand? Ms. Thompson: Between sixty-seven and sixty-eight thousand is the budget. Commissioner Teele: I'll bet you right now that the City of Miami spend three hundred thousand dollars ($300,000) a year -- I'll go better -- six hundred thousand last year. See, you've got to understand how this stuff really works. And when somebody asks a question, you better make sure you say, "From my budget perspective." Ms. Thompson: Right. Commissioner Teele: You better be careful, because I'm telling you, I know what goes on around here. I spent eighty thousand dollars ($80,000) with -- through you last year at the CRA (Community Redevelopment Agency). 107 March 14, 2002 0 i Ms. Thompson: So to correct my statement, in the City Clerk's -- Commissioner Teele: And notice. M.s. Thompson: Right. Commissioner Teele: So this is a much bigger thing than we're being led to believe. I think this is a good program. I would welcome the opportunity to advertise in an Omni newspaper, oriented newspaper or a paper that covered that area on certain courtesy notices. I think it's absolutely criminal -- well, not criminal -- but it's absolutely insensitive that this City doesn't advertise in a Coconut Grove driven newspaper, given what the Grove represents, given the unique nature of the Grove. This is the only area in the community, other than Overtown, where you have a structured Village Council. You know, there's a uniqueness here. So I mean we don't need to -- I don't think we ought to get tone apart about this, but I do think we ought to have all the facts. Ms. Warren, you are required to -- please. You're required to do notice under federal law. What would you estimate that you spent last year, honestly and truthfully, but not holding you to it? Gwendolyn Warren (Director, Community Development): Barbara is not here, but I would say easily, a quarter million. And that's an understatement. That's a real understatement. Vice Chairman Winton: See? You do it every time. Commissioner Teele: See? And, look, let's just think about this a moment. Vice Chairman Winton: Very good. Commissioner Teele: But let's just -- hold on. But let's just think about this for a minute. You know why, what she -- you know why what they're proposing makes so much sense? It's because we're going to have neighborhood meetings. We are mandated. We're going to have five neighborhood meetings, at least. Probably closer to ten when it's all over. I just committed to have one at Edison School today. OIC? It doesn't make sense for me to have to go out and advertise in -- We need to meet the business requirements. Maybe I'll advertise in Neighbors, some of this stuff, but there's no reason to advertise in the entire circulation. It's much more efficient for me to advertise in the Miami Times this -- you know, my neighborhood meeting. And it would make no sense, probably, for Commissioner Regalado to advertise in the Miami Times your thing. So I think what everybody is saying, we agree on. What's missing is this: We should have the Planning Department up here as a part of this discussion. Not physically. Because we have made this commitment based upon what I call the Johnny Winton philosophy of "I'm going to re -empower neighborhoods." We have identified and instructed Planning to go out and identify all the neighborhoods, get the history, dah-dah-dah, dah-dah-dah. And this is a way to plug into that. We ought to say if there are 32 neighborhoods in Miami, we should instruct the staff over this one year to say: Now, what are the newspapers that cover those neighborhoods? You see what I'm saying'? And so there's a little bit of overlap and correlation between this. But this should not be viewed as a sixty-seven -- as a piece of sixty-seven thousand dollars ($67,000), because it's not that, folks. (INAUDIBLE COMMENT) 108 March 14, 2002 Chairman Regalado: No, but you see, we're missing something here. Some of this huge budget cannot, by state law, and will not be advertised in community newspapers. Mr. Nachlinger: That is correct, sir. Chairman Regalado: Because there's certain requirements that most of these papers will not be able to comply with. But to the point, you know, it makes more sense if Community Development -- If we were to spend six hundred thousand dollars ($600,000), let me ask you this: Do you think that it's fair if we have community newspapers that -- the Miami Herald, who impacts from the Keys to Broward in the edition that we read in the City of Miami, so it reaches -- it can reach almost three million residents. Do YOU think it's fair and wise to spend of those six hundred thousand dollars ($600,000) 80 percent, or 60 or 70 percent of all that money in the Herald? What we're doing here is we are doing the shotgun effect. And, of course, a lot of people, many people, thousands of people read the Herald. So my point and the point of the community newspaper is if we had community oriented messages, let's do it through the community newspaper and through Neighbors. Vice Chairman Winton: is there somebody up here right now -- I mean, maybe I'm missing something. Is there somebody in disagreement up here right now? Chairman Regalado: Nobody, Vice Chairman Winton: Are we re -convincing each other'? Chairman Regalado: Well, we're trying to -- Commissioner Teele: What's the motion? Vice Chairman Winton: Yeah. Chairman Regalado: The motion, the motion, if anybody cares to do it, is to accept the administration's guidelines in order for the community newspapers to be part of the process to receive advertising from the City of Miami and its agencies. Vice Chairman Winton: With a couple of changes. One that you recommended is that it has to have a -- what did you call it? Chairman Regalado: 50 points of distribution. Vice Chairman Winton: And that the 10,000 circulation needs to be in the City of Miami. Ms. Carpenter: h7 the City. Commissioner Gonzalez: Also, under Section 2, as I said previously, that instead of being a bi-monthly publication, it could be a monthly publication, because you don't want to have -- You know, the reality is we don't want to have someone print four pages of paper and distribute it and say that that's a newspaper. 109 March 14, 2002 Vice Chairman Winton: So I move -- Commissioner Sanchez: I have an amendment on that, too. Instead of three, five years. Vice Chairman Winton: I'm going to make a motion. Commissioner Gonzalez: And I'll support -- I'll be willing to support Commissioner Teele's motion to come up with a pilot program. It could be a pilot program for the year, and then we reconsider it. Vice Chairman Winton: Well, we can reconsider it any time we want, frankly. Ms. Carpenter: Right. Vice Chairman Winton: Because it's only a resolution. So we have a motion on the table to support the staff's recommendation, subject to at least three changes we've had. Chairman Regalado: There's a motion -- Vice Chainnan Winton: 10,000 circulation in the City, 50 points of circulation, a monthly newspaper as opposed to bi-monthly. Commissioner Sanchez: Five years. Chairman Regalado: Right. The major -- Vice Chairman Winton: And be in business five years. So moved. Chairman Regalado: There is a motion. Commissioner Sanchez: Second. Commissioner Gonzalez: Second. Chairman Regalado: And a second, for discussion. One second. Ms. Carpenter: I have another recommendation, Commissioner. Chairman Regalado: One second. Go ahead. Vice Chairman Winton: So it's five years instead of three. Commissioner Sanchez: Five years. Ms. Carpenter: OK. He did that. I would define that the 10,000 circulation that you're talking about, Commissioner, you defined it within the City of Miami limits. But you haven't defined -- that could be a yearly circulation. So define that it's per issuance. 110 March 14, 2002 Vice Chairman Winton: It can't be a -- Ms. Carpenter: Yes, it could. But you could publish 750 newspapers a month and qualify for this. Chairman Regalado: No, no, he said each issue. Ms. Carpenter: Each issue? OK. Vice Chairman Winton: Yeah. Ms, Carpenter: Perfect. Vice Chairman Winton: Yeah, yeah, yeah. Chairman Regalado: OK. Mr. Armesto, Eladio Armcsto: Yes. Chairman Regalado: Go ahead, Name and address, Mr. Armesto; I represent El Nuevo Patria. Chairman Regalado: Name and address. Mr. Armesto: Eladio Armesto, 1393 Southwest 1" Street, 4`�' Floor. The situation -- 1 agree with five years. 1 say minimum five years, because there are many newspapers what publish in election time -- Vice Chairman Winton: We've already said five years. We don't need any discussion on that. Mr. Armesto: And the other thing is this: The newspaper has to be approved as a second-class mail by the post office. Chairman Regalado: No, not that -- We're talking about distribution -- Mr. Armesto: No, distribution is something else. 50 points means like one point here, another point, Versailles. Chairman Regalado: Right. Mr. Armesto; Another point, El Pub. 50 points through the City. But besides that, in order to assure quality of service -- For example, my newspaper, our newspaper, we send 6,000 by mail to the residents of the City of Miami. Chairman Regalado: We cannot do that, lladio, because there are people that don't mail their publications. They just -- III March 14, 2002 Mr. Armesto: Mr. Chairman, but there are many newspapers that are made only two months before elections to do character assassinations and I don't like that. Vice Chairman Winton: Mr. Chairman, I would like to call the question. Chairman Regalado: OK. There is a motion -- yes, sir. Commissioner Teele: Mr. Chairman on calling the question let nye just say this: Would you agree to timely? Timely. Look, let me tell you what's going to happen. The administration is going to have to have a system, and there ought to be one amendment that says: And authorize the administration to have an administrative system in which the newspapers are divided. In other words, you're going to need publication dates. You know what's going to happen? And this is what's going to happen. Someone -- since you all have made this monthly now -- is that right'? -- monthly. Somebody is going to say, "I didn't get an ad." Did not get an advertising. Brit their date may be the first week of the month. Somebody else's month may be the third week. And we've got a notice that's out there, but it takes effect in ten days. There's going to be a meeting there. You're going to have all kinds of people to say, "I didn't get the notice. I should have been advertising. Give it to me, anyway." So you've got to prevent -- You've got to make Sure that the acts are deemed to be timely in terms of the publication, because we don't control the dates. Everybody is going to have a different date. And some folks are not going to -- on a monthly basis, are not going to be able to meet a particular round of advertising. And so 1 just think we ought to protect ourselves that no one is obliged to give someone an advertisemcrit because they're on the list unless they can timely publish it. Vice Chairman Winton: Agreed. Commissioner Teele: In other words, if you've got -- Vice Chairman Winton: Absolutely. Ms. Carpenter: Very good. Chairman Rcgalado: Oh, yeah. Ms. Carpenter: Very good, sir. Vice Chairman Winton: Right. Chairman .Regalado: Well, that's something that is -- Vice Chairman Winton: Agreed. Chairman Regalado: -- a given. OK. We have a motion and a second. All in favor say "aye." The Commission (Collectively): Aye. 112 March 14, 2002 Chairman Regalado: It passes. The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-288 A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING MINIMUM QUALIFICATIONS FOR PUBLISHING, ON AN AS -NEEDED ROTATIONAL BASIS, CITY SUPPLEMENTAL OR COUR'T'ESY PUBLIC NOTICES; FURTHER AUTHORIZING THE CITY MANAGER TO QUALIFY AND INCLUDE ADDITIONAL QUALIFIED COMMUNITY-BASED NEWSPAPERS ON THE LIST WHEN DEEMED APPROPRIATE AND ALLOCATING FUNDS FROM THE BUDGETS OF INDIVIDUAL USER DEPARTMEN'T'S, SUBJECT TO AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Oflicc of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez. Commissioner Arthur E. Teele, Jr, Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None Ms. Carpenter: Thank you very much. Chairman Regalado: Now we have -- Mr. Nachlinger: Commissioner, excuse me, Chairman Regalado: Yes, sir. Mr. Nachlinger: Excuse me, if I could Just respond to an earlier question. And I was surprised how close Commissioner 'lecle was. The Citywide budget for advertising is six hundred and Iility-one thousand dollars ($651,000). Chairman Regalado: Thank you. Commissioner Teele: Does that include the CRA? 113 March 14, 2002 Mr. Nachlinger: No, sir, it does not. Commissioner Teele: Does that include the DDA (Downtown Development Authority)? Mr. Nachlinger: No, sir, it does not. That's the City budget. Vice Chairman Winton: Man, you were low. Commissioner Gonzalez: So we're probably at about a million dollars ($1,000,000). Chairman Regalado: OK, Vice Chairman Winton: I sure am glad I didn't argue with you. 1.14 March 14, 2002 13. EMERGENCY ORDINANCE: AMEND ORDINANCE NO. 12128, ANNUAL APPROPRIATIONS ORDINANCE TO INCREASE CERTAIN OPERATIONAL AND BUDGETARY APPROPRIATIONS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2002, AND TO REVISE CERTAIN ONGOING CAPITAL IMPROVEMENT PROJECTS AND MAKE APPROPRIATIONS FOR NEW PROJECTS SCHEDULED TO BEGIN IN FISCAL YEAR 2001-2002; APPROVE CHANGES TO TABLE OF ORGANIZATION. Chairman Regalado: Listen, we -- Johnny Winton has to leave early, so we have a lot of things still from the March 7"' agenda. We've got to go back to the March 7"', and then we'll do the March 14'x'. So let's take up Item 9 from the last agenda. Mr. Manager, hello? Mr. Manager, Item 9 from March 7"' agenda, it's an emergency ordinance. It's a budget amendment. The Mayor is requesting some positions. The Manager is to get -- requesting a position, the creation of a position. Mr. Manager, Carlos Gimenez (City Manager): Yes, sir. We'd -- on this appropriation for the Mayor, we want to increase the Mayor's allocation by three people. One, for lack of a better term -- Vice Chairman Winton: I thought we voted on that last time. Commissioner Teele: Because of Commissioner Sanchez, we deferred it. It was the smartest thing we did. Vice Chairman Winton: No, no, on that piece of it. Commissioner Teele: No, we didn't. Commissioner Sanchez: No, Chairman Regalado: No, we did not. Commissioner Teele: We passed a resolution -- we only acknowledged a resolution -- Vice Chairman Winton: OK. Commissioner Teele: -- that authorized them to move. Vice Chairman Winton: OK. Chairman Regalado: Right. But it was deferred, because it was the eleventh hour, Go ahead, Mr. Manager. Mr. Gimenez: Three positions in the Mayor's office. One, for lack of a better term, is a senior budgetary analyst for the Mayor. I think he's already announced that he would like to have Ms. Linda Haskins take that position. There is an economic development person that he would like to add. There has been a tremendous amount of interest in economic development in the City. We've met with a lot of developers in the last three months. I've said this before. More people have come to us in the last three months than probably in the last two years I've been a City Manager. So we think we need -- 115 March 14, 2002 Chairman Regalado: Why is that? Commissioner Gonzalez: I think they find it to be a really nice place and a really great place to invest their money. And so we -- the Mayor would like to get some expertise in that area, to help us -- help us and help the developers that want to come in and invest dollars in the City to do so. And the final position is an aide to those two other positions that have been created. Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: Respectfully, I think we should give this Mayor maximum flexibility. I think we should add one additional position to the Mayor's offices unallocated and give him that flexibility as a part of this. And so when we move this, I would like to acid one position, unspecified, to the Mayor's office, over and above the four that he's requested, to give him flexibility. Now, we're not adding dollars. But if he comes up and decides he needs something, he can put the position in. He doesn't have to come back to us. He can move money around, and it's the difference between when you're working with the Mayor and when you don't have the communication. So I think, you know, we should give him one additional position. And then I would ask the City Attorney and his office -- because we've got some issues that I know -- Are the two -- are the funds that were transferred to you by the MSEA (Miami Sports and Exhibition Authority) and CRA (Community Redevelopment Agency), have you accounted for those positions, based upon the funds that we directed those two agencies to give you? Alejandro Vilarello (City Attorney): Commissioner, at this time, only the CRA has authorized funds for the balance of this budget year. Commissioner Tecle: No. This Commission requested that MSEA, and the CRA, and DDA and anyone else that's using -- Off -Street Parking. Mr. Vilarello: Off -Street Parking has historically provided funding to the City for the services received by my office. But all the other agencies, other than the CRA, have not yet complied with the City Commission's request. Commissioner Teele: Well, that's another issue. But let me ask you this: Are the fronds for the CRA -- are the positions for your office, based on those transfers, in this budget? Mr. Vilarello: No. We would need to add one legal -- Assistant City Attorney and one secretary. Commissioner Teele: And I would move those two -- and are they funded now? Mr. Vilarello: They're funded by the CRA's transfer. Commissioner Teele: But they're funded by -- I mean, they're funded, right? Mr. Vilarello: Yes. 116 March 14, 2002 Commissioner Teale: So I would move those two positions, as well. Mr. Vilarello: To the organizational chart, Commissioner Teale: To the organization -- that is to your office, based upon the funding. Now, the question, though, Johnny and others that we're listening to is this: The City Attorney has spent more time in the last 90 days, Mr. Chairman, working on a very important matter for MSEA. MSEA has probably sucked up 40 percent of the oxygen out of the City Attorney's personal office, 1 ]snow, and he has done an admirable job, from my point of view. But, see, it's not fair, Mr. Chairman, for MSEA not to pay the freight for the services that they're providing. And when they don't do that, it impacts everybody else, because you don't have enough positions to do the job. And so I just would say that gratuitously. But Mr. Manager— Chairman Regalado: And I think, Commissioner, it's something that we need to address in the next MSEA Board. And I don't know, Mr. Manager, if -- because MSEA was supposed to give us a report on the boards today. But did we tell them that we didn't want them here, or they just didn't come? Mr. Gimenez: I think there was a misunderstanding between him and the Chairperson. I don't know. I wasn't involved in it. Vice Chairman Winton: He was here. I saw him here. Mr. Gimenez: I certainly did not -- I did not, certainly, tell him not to make a report. Commissioner Teele: What are you all talking about? Chairman Regalado: I'm talking that in the list of reports from boards, MSEA was supposed to come before the City Commission today, as the Coconut Grove Standing Festival Committee, and the Budget Review Committee did. But Mr. Jenkins -- Commissioner Teale: That's not this item, is it? Chairman Regalado: No, no. But I'm saying that we could have had the opportunity of listening to MSEA Board. But what we're going to do is two things. We're going to have the MSEA report on the 1 1 "', and then the Commission will have the opportunity to address this issue that you're talking about. And then on the MSEA Board, you, as a member, Commissioner Gonzalez, and myself, the Mayor, I'm sure that we will address this issue. Vice Chairman Winton: Well, let me ask a question about that. I mean, we passed a resolution some time ago requesting those agencies -- Chairman Regalado: To pay -- Vice Chairman Winton: -- to pay for legal costs. 117 March 14, 2002 Chairman Regalado: To pay for it. Commissioner Teele: Legal and clerk costs. Vice Chainnan Winton: Yeah. So -- but what did the administration do to request that -- I mean, what was the mechanism that -- Chairman Regalado: They should have sent in a bill. Vice Chairman Winton: Well, OK. But was there a mechanism that went to their Executive Directors and their board to get some sort of board action? Commissioner Teele: But you know what, Johnny? Let's also be fair. Every board is up here represented. In other words, if the MSEA Chairman or Vice Chairman in this case and two board members of MSEA, Mr. -- Vice Chainnan Winton: Well, I understand that. But it isn't as though we don't have much to do. Commissioner Teele: That's true. Vice Chairman Winton: And so I don't want, ever, the burden of we pass resolutions, and I got to run out and remember that we did something. I mean, that's why we have staff. So -- Chairman Regalado: OK, the point taken, then. We will do that in the next Commission meeting and request. Commissioner Gonzalez: So I'm ready to move the Mayor's -- Chairman Regalado: We still need from the Manager -- Commissioner Gonzalez: -- Mayor's item with the amendment. Chairman Regalado: We still need from the Manager -- Commissioner Gonzalez: A budget, OK. Chairman Regalado: It's -- the Manager -- we got -- so the new positions for the Mayor, the City Attorney and the CRB (Community Relations Board), right? Mr. Gimenez: There's another position in the Manager's office for a liaison to the CRB. We think that in this fashion, the CRB will work in a much -- it'll be much more effective by having a liaison that reports directly to the Manager. They'll have a day-to-day person working on CRB issues, and I think it's something that we need in the City. Chairman Regalado: Do we have a motion for the emergency ordinance? We need a -- 118 March 14, 2002 • Commissioner Teele: So move, as amended, as it relates to the CRB, the Office of the Mayor and the City Attorney, Commissioner Gonzalez: Second. Chairman Regalado: It's been moved and a second. Read the ordinance. Priscilla A. Thompson (City Clerk): Roll call, Commissioners. Chairman Regalado: Roll call. An ordinance entitled AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 12128, AS AMENDED, THE ANNUAL, APPROPRIATIONS ORDINANCE TO INCREASE CERTAIN OPERATIONAL AND BUDGETARY APPROPRIATIONS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2002, AND TO REVISE CERTAIN ONGOING CAPITAL IMPROVEMENT PROJECTS AND MAKE APPROPRIATIONS FOR NEW PROJECTS SCHEDULED TO BEGIN IN FISCAL YEAR 2001-2002; FURTHER APPROVING CHANGES TO THE TABLE OF ORGANIZATION ADOPTED SEPTEMBER 25, 2001, FOR FISCAL YEAR ENDING SEPTEMBER 30, 2002; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Teele, and seconded by Commissioner Gonzalez, for adoption as an emergency measure, and dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Commissioner Angel Gonzdlez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None 119 March lel, 2002 �1 U • Whereupon, the Commission, on motion of Commissioner Teele, and seconded by Commissioner Gonzalez, adopted said ordinance by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Rcgalado NAYS: None ABSENT: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12199. The ordinance was read by title into the public record by the Deputy City Attorney. Chairman Regalado: It passes, five to zero. 120 March 14, 2002 • • 14. EMERGENCY ORDINANCE: AMEND ORDINANCE NO. 11.332, WHICH ESTABLISHED INITIAL RESOURCES AND APPROPRIATIONS FOR SPECIAL REVENUE FUND ENTITLED "GANG RESISTANCE EDUCATION AND TRAINING," TO INCREASE APPROPRIATIONS, $100,000, CONSISTING OF GRANT FROM U.S. DEPARTMENT OF TREASURY, BUREAU OF ALCOHOL, TOBACCO AND FIREARMS. Chairman Regalado: Item 10 is an emergency ordinance. Vice Chairman Winton: So move. Commissioner Teele: Second. Commissioner Gonzalez: Second. Chairman Regalado: Read the ordinance. It's been moved and seconded. Public hearing. No one in the pfiblic. Read the ordinance. Roll call. Priscilla A. Thompson (City Clerk): I'm sorry, I didn't get a motion and a second. Vice Chainnan Winton: Yeah, I moved it. Chairman Regalado: It's been moved by Commissioner Winton and seconded by Commissioner Gonzalez, Ms. Thompson: Thank you. Chairman Regalado: It's an emergency ordinance. Ms. Thompson: First roll call. Second roll call. 121 March 14, 2002 • An ordinance entitled - - • AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11332, AS AMENDED, WHICH ESTABLISHED INITIAL RESOURCES AND APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED "GANG RESISTANCE EDUCATION AND TRAINING," TO INCREASE THE APPROPRIATIONS, IN THE AMOUNT OF $100,000, CONSISTING OF A GRANT FROM THE U.S. DEPARTMENT OF THE TREASURY, BUREAU OF ALCOHOL, TOBACCO AND FIREARMS; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT, AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE; AND AUTHORIZING THE CITY MANAGER TO EXPEND MONIES FROM THIS FUND FOR THE OPERATION OF THE PROGRAM; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. was introduced by Commissioner Vice Chairman Winton, and seconded by Commissioner Gonzalez, for adoption as an emergency measure, and dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None 122 March 14, 2002 • C] Whereupon, the Commission, on motion of Vice Chairman Winton, and seconded by Commissioner Gonzalez, adopted said ordinance by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12200. The ordinance was read by titled into the public record by the Deputy City Attorney. 123 March 14, 2002 • 15. FIRST READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND ENTITLED "FEMA/ASSISTANCE TO FIREFIGHTERS GRANT AWARD (FY 2001) FUND" FOR WELLNESS AND FITNESS PROGRAM, AND APPROPRIATE $239,843, CONSISTING OF $167,890 GRANT FROM FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM AND MATCHING FUNDS $71,953 TO BE PROVIDED BY CITY. Chairman Regalado: Eleven. Commissioner Sanchez: So move. Vice Chairman Winton: So moved. Second. Chairman Regalado: Eleven has been moved and seconded. It's a first reading ordinance. I'll open the public hearing. No one in the public to speak on it. Go ahead and read the ordinance. Roll call. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED "FEMA/ASSISTANCE TO FIREFIGHTERS GRANT AWARD (FY 2001) FUND" FOR WELLNESS AND FITNESS PROGRAM, AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN A TOTAL AMOUNT OF $239,843, CONSISTING OF A GRANT IN THE AMOUNT OF $167,890 FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY ("FEMA") ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM, FOR THE IMPLEMENTATION OF WELLNESS AND FITNESS PROGRAM, AND MATCHING FUNDS IN THE AMOUNT OF $71,953 TO BE PROVIDED BY THE CITY OF MIAMI AS FOLLOWS: $23,800 FROM THE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.280401.6.260, AND $48,153 FROM CAPITAL IMPROVEMENTS PROJECT NO. 313304, ACCOUNT CODE NO. 289401.6.840 AS FUNDED BY FIRE ASSESSMENT FEE FOR THE PERIOD COMMENCING AUGUST 15, 2001; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY FOR THIS PURPOSE; AND AUTHORIZING THE EXPENDITURES OF THE FUNDS FOR THE OPERATION OF THE PROGRAM; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Sanchez, seconded by Vice Chairman Winton, and was passed on first reading by title only, by the following vote: 124 March 14, 2002 AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None 125 March 14, 2002 C: • 16. FIRST READING ORDINANCE: AMEND SECTIONS 54-341 THROUGH 54-343 OF CITY CODE ENTITLED "COCONUT GROVE SPECIAL EVENTS DISTRICT"; CHANGE NAME OF COCONUT GROVE STANDING FESTIVAL. COMMITTEE TO SPECIAL EVENTS AND MARKETING COMMITTEE, ETC. Chairman Rcgalado: Thirteen. First reading ordinance. Coconut Grove Special Events District. Is there a motion? Vice Chairman Winton: Yeah. So move. Chairman Regalado: It's been moved by Vice Chair Winton. Commissioner Gonzalez: Second. Chairman Regalado: Sccond by Commissioner Sanchez. Read the ordinance. Commissioner Gonzilez: Gonzalez. Chairman Regalado: Roll call. 126 March 14, 2002 0 An Ordinance entitled -- :7 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54, ARTICLE IX, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "COCONUT GROVE SPECIAL EVENTS DISTRICT," TO REVISE THE DISTRICT'S PURPOSE, INTENT, SPECIAL EVENT APPLICATION REQUIREMENTS, AND USER FEE PROVISION AND TO CHANGE THE NAME OF THE COCONUT GROVE STANDING FESTIVAL COMMITTEE TO THE SPECIAL EVENTS AND MARKETING COMMITTEE, AND INCREASE THE FUNCTIONS AND COMPOSITION OF THE COMMITTEE; MORE PARTICULARLY, BY AMENDING SECTIONS 54-341 THROUGH 54-343 TO 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 Gonz,,ilez, and was passed on first reading by title only, by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Tcele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None 127 March 14, 2002 • L� 17. WITHDRAW CONSIDERATION OF PROPOSED FIRST READING ORDINANCE TO AMEND CHAPTER 11.5 OF CITY CODE TO EXPAND COMPLIANCE REQUIREMENTS OF CIVILIAN INVESTIGATIVE PANEL TO INCLUDE APPLICABILITY OF FLORIDA STATUTE SECTION 286.011 (SUNSHINE LAW). Chairman Regalado: Item 15, first reading ordinance, Civilian Complaint Investigation and Review Committee -- Civilian Panel. This is a public hearing. Commissioner Teele: What number is this? Chairman Regalado: That's 15 from the last week agenda. Item 15, first reading. Commissioner Teele: Move that it be deferred. Commissioner Sanchez: Second. Chairman Regalado: Move to be deferred. Vice Chairman Regalado: To second reading, you said? Commissioner Teele: Move that it be withdrawn. Is this the one I said I'd withdraw? Move that it be withdrawn. Commissioner Gonzalez: Second. Chairman Regalado: OK. It's a motion to withdraw this item, second by Commissioner Gonzalez. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: Item is withdrawn. 128 March 14, 2002 The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 02-289 A MOTION TO WITHDRAW CONSIDERATION OF PROPOSED FIRST READING ORDINANCE TO AMEND CHAPTER 11.5 OF THE CODE TO EXPAND COMPLIANCE REQUIREMENTS OF THE CIVILIAN INVESTIGATIVE PANEL TO INCLUDE APPLICABILITY OF FLORIDA STATUTE SECTION 286.011 (THE SUNSHINE LAW). 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 Gonzdiez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 129 March 14, 2002 0 18. AUTHORIZE CRA EXECUTIVE DIRECTOR TO MEET WITH CITY'S PLANNING DIRECTOR TO DISCUSS AND MAKE RECOMMENDATIONS ON JAZZ AND BLUES OVERLAY DISTRICT(S) WITHIN SOUTHEAST OVERTOWNIPARK WEST' AND/OR OMNI REDEVELOPMENT AREAS. Chairman Regalado: Number 17. A resolution, CRA. You want to make a motion? Vice Chairman Winton: So move. Commissioner Sanchez: Second. Chairman Regalado: It's been moved and seconded. It's a resolution, a request of Community Redevelopment Agency, CRA Board. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. 130 March 14, 2002 CJ The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-290 A RESOLUTION OF THE MIAMI CITY COMMISSION REQUESTING THE CITY MANAGER TO CONSIDER. THE REQUEST OF THE COMMUNITY REDEVELOPMENT AGENCY ("CRA") BOARD AS IT RELATES TO RESOLUTIONS SEOPW/CRA R-02-14 AND OMNIICRA R-02-09, AUTHORIZING THE CRA EXECUTIVE DIRECTOR TO MEET WITH THE CITY OF MIAMI PLANNING DIRECTOR TO DISCUSS AND MAKE RECOMMENDATIONS ON JAZZ AND BLUES OVERLAY DISTRICT(S) WITHIN THE SOUTHEAST OVERTOWN/PARK WEST AND/OR OMNI REDEVELOPMENT AREAS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None 131 March 14, 2002 0 • 19' INSTRUCT CRA EXECUTIVE DIRECTOR TO COORDINATE WITH CITY AND MIAMI- DADE COUNTY DEPARTMENTS OF PUBLIC WORKS TO CLEAR AND REMOVE ANY ENCROACHMENTS IN ALLEYWAY LOCATED BETWEEN NORTHWEST 9""' AND NORTHWEST 10��_i STREETS, FROM NORTHWEST 2" AVENUE TO NORTHWEST 3"" AVENUE TO LEVEL, GRUB, FILL, RE -SOD AND PAVE ALLEYWAY TO MAKE ALLEYWAY ACCESSIBLE AS PUBLIC RIGHT-OF-WAY. Chairman Regalado: Item I S. Vice Chairman Winton: So move. Chairman Regalado: It's a resolLition. There is a motion. Do we have a second? Commissioner Gonzalez: Second. Chairman Regalado: Second by Commissioner Gonzdlez. All in favor, say "aye." The Commission (Collectively): Aye. 132 March 14, 2002 0 • The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-291 A RESOLUTION OF THE MIAMI CITY COMMISSION REQUESTING THE CITY MANAGER TO CONSIDER THE REQUEST OF THE COMMUNITY REDEVELOPMENT AGENCY ("CRA") BOARD, AS IT RELATES TO CRA RESOLUTION SEOPW/CRA R-02-18, INSTRUCTING THE CRA EXECUTIVE DIRECTOR TO COORDINATE WITH THE CITY OF MIAMI AND MIAMI-DADE COUNTY DEPARTMENTS OF PUBLIC WORKS, AS APPROPRIATE, TO CLEAR AND REMOVE ANY ENCROACHMENTS IN THE ALLEYWAY LOCATED BETWEEN NORTHWEST 9""' AND NORTHWEST 10"" STREETS, FROM NORTHWEST 2N' AVENUE TO NORTHWEST 3"" AVENUE TO LEVEL, GRUB, FILL, RE -SOD AND PAVE THE ALLEYWAY TO MAKE. THE ALLEYWAY ACCESSIBLE AS A PUBLIC RIGHT-OF- WAY AND TO PROVIDE A WRITTEN RESPONSE TO THE EXECUTIVE DIRECTOR OF THE CRA. (Here follows body of resolution, omitted here and on file in the Office of the City Cleric.) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None 133 March 14, 2002 f�J 20. (A) DIRECT MANAGER TO IMPLEMENT AFFORDABLE HOUSING SUMMIT INCLUDING ALL COMMUNITY DEVELOPMENT CORPORATIONS AND FINANCIAL AGENCIES INVOLVED IN COMMUNITY DEVELOPMENT FUNDING; DEFER FUNDING POLICY DIRECTIVE FOR TIERS ONE AND TWO UNTIL AFTER SUMMIT (See #'s G and 47). (B) DIRECT MANAGER TO SET ASIDE 5500,000 FOR BUILDING REHABILITATION (COMMERCIAL PROGRAM). Chairman Regalado: Nineteen. Department oI'Public Works. It's a resolution. Priscilla A. Thompson (City Clerk): Nineteen was deferred, and 20 was withdrawn. Chairman Regalado: I'm sorry`? Ms. Thompson: Nineteen was deferred, and 20 was withdrawn earlier. Chairman Regalado: Nineteen was deferred? Ms. Thompson: Correct. Vice Chairman Winton: To 4111. Chairman Regalado: And 20 -- Ms, Thompson: Was withdrawn. Chairman Regalado: -- was withdrawn. OK. So I think that we're pretty much done with - Priscilla A. Thompson (City Clerk): S-3, S-3, please. Commissioner Teele: From last week? Ms, Thompson: Yes. Last week. We still have S-3, Supplement 3. Chairman Regalado: I don't have it here. Vice Chairman Winton: Where is S-3? It needs to -- I do? Oh, I do, I'm sorry. Commissioner Teele: Commissioner, what time are you leaving? Chairman Regalado: 5:30. Oh, OK. We need to --Johnny, I need to make a motion, because -- Vice Chairman Winton: Oh, yes, sir. Chairman Regalado: -- there's something that was left out from the -- 134 March 14, 2002 Vice Chairman Winton: Commissioner Regalado, you have the floor. Chairman Regalado: Yes. I'd like to move that we reserve funds from the already allocated funds from the Community Development for rehabilitation of a structure. And this is -- no, we're going to address you right now. So there is a motion for the administration, Gwen. Vice Chairman Winton: Is there an amount? Chairman Regalado: Yes. Vice Chairman Winton: We have a motion. We need a second. Commissioner Teele: I second. Vice Chairman Winton: OIC. Discussion. So is there an amount here you're talking; about`? Chairman Regalado: Yes. The amount -- and this is not to spend. This -- Commissioner Teele: To reserve. Chairman Regalado: This is to reserve one million dollars ($1,000,000) for building rehabilitation. Vice Chairman Winton: Coming out of where? Chairman Regalado: Coming out -- Gwendolyn Warren (Director, Community Development): Excuse me. ['in Gwendolyn Warren. I just tuned in. I'm sorry, Commissioner, I wasn't paying attention. Vice Chairman Winton: Well, there's a motion to reserve a million dollars ($1,000,000). Chairman Regalado: There is a motion to reserve one million dollars ($1,000,000) for building rehabilitation from the -- Vice Chairman Winton: from CDBG (Community Development Block Grant) funds? Is that what you're saying? Chairman Regalado: From CDBG funds. Commissioner Gonzalez: What ]rind of buildings are we talking about, Mr. Chairman? Chairman Regalado: I'm sorry? Commissioner Gonzalez: What kind of buildings are we talking about? 135 March 14, 2002 C] • Chairman Regalado: Well, that would be decided by the City Commission, in terms of -- Commissioner Gonzalez: Are we talking about residential? Chairman Regalado: Residential and -- Commissioner Sanchez: Historical? Chairman Regalado: -- historical, whatever. Commissioner Sanchez: Preservation. Commissioner Winton: is this for your -- Chairman Regalado: We just need this money set aside in order for the City Commission to decide later on, on the different -- Vice Chairman Gort: All right. Commissioner Teele: Where are you moving it from, Mr. Chairman? Chairman Regalado: Where are we moving it? Ms. Warren: The conversation -- I'm sorry, Commissioner. When we discussed it, I thought we were talking about a little less than that, and we were talking about a -- the economic development category in the plan that we talked about today. Commissioner Teele: So this relates to the -- Ms. Warren: The item that was postponed pending the summit. The staff recommendations for economic development, which this category would fall into had two million eight three five. Based on your approval this morning, that amount would be reduced, and those fields would be moved back to housing administration to accommodate today's policy. So you would have approximately a million and a half dollars in economic development, the same amount in housing administration. Commissioner Teele: I'm confused. This morning, you said that your year -- that they were funded through September 30"', so it had no economic impact. That is the housing administration. Now, you're saying -- Ms. Warren: Then let me clarify. The plan that was before you this morning was a recommendation on the categories that would go out to bid in an RFP (Request for Proposals) that would take effect October 1. We had a recommended funding level for housing administration, as well as economic development and other categories. If you -- based on what you did today, you said make the housing administration the same level as it was last year. 136 March 14, 2002 Commissioner Teele: No, that's not what we said. We said fund housing administration through Ms. Warren: At the -- Commissioner Teele: -- through September 30`x'. Ms. Warren: It's already funded through September 30"' Commissioner Teele: That's why Frn trying to figure out what you're doing. Vice Chairman Winton: That's the point that was made this morning, Ms. Warren: Then the Commission went further to say -- when we clarified and said how the administrative monies -- no policy changes would take effect until October 1. These are the planning issues that would go out in the RFP for October 1. Then Commissioner Regalado passed a motion that the planning dollars be adjusted back to the 27"' year level in order to ensure that there was money there for the housing agencies. In order to do that, there will not be three million dollars ($3,000,000) in economic development. It will have to go back to housing administration. Commissioner Teele: Well, I don't understand it. Chairman Regalado: I still don't understand this. We're dealing of two years. Commissioner Teele: I'll tell you this. We're reserving it. We need to move on and we'll revisit it. But it was my understanding this morning that our policy, in terms of having the summit, would give us the maximum flexibility to hold all of those agencies harmless, if they were to be continued, beginning October 1". Ms, Warren: Your motion today, basically, nothing you did today affects what occurs between now and September. The whole policy discussion was what would happen after October 1. Commissioner Teele: Where are these million dollars committed to? Ms. Warren: In your agenda, what we had for the Community Development recommended funding levels, it's in your Item 6. And there was the one million nine, which is -- Commissioner Teele: Gwen. Ms. Warren: I'm sorry. Commissioner Teele: My question is, where is the one million dollars ($1,000,000) going now? This one million dollars ($1,000,000) that you're talking about. 137 March 14, 2002 Ms. Warren: Again, the -- If we were to remove, set aside a million dollars ($1,000,000), that would be the balance of all the economic development money for next year. Commissioner Teele: So that's fine, as far as I'm concerned. We haven't made a commitment on it. We're j ust reserving it, right? Is it something that you all recommend? Ms. Warren: What we're -- I would recommend a smaller amount, based on the policy you passed today, which was to make the housing agencies whole in the future. That means you do not have extra economic development money. That means none of your current economic development programs could be funded. Chairman Regalado: What are you saying, Gwen? You're saying half a million dollars set aside? Ms. Warren: Again, it's up to the Commission. if you do that, none of your current economic development agencies -- there would be no pool of money available for Rl~P's. So this would replace of the million two that would be available for economic development, that five hundred dollars would then make it seven hundred thousand dollars ($700,000) available for economic development. Commissioner Teele: Well, I'll tell you this: I would really like to understand this. Chairman Regalado: I don't understand, either. Ms. Warren: OK. Commissioner Teele: Because, you know what, Gwen? Chairman Regalado: Two different years. Commissioner Teele: We've been talking housing money, and now you're saying economic development dollars. Ms. Warren: Again, if you look at the recommendations, we recommended a lower level of housing administrative dollars. The monies that we recommended, they would then go to economic development. As a result of what you did today, you basically said, put the money back in housing administration, and then wait for the policy. Chairman Regalado: No, but this is until September. I don't understand. Vice Chairman Winton: Yeah. Ms. Warren: These monies are not available until September -- October. Commissioner Teele: So I move the motion of one million dollars ($1,000,000). 138 March 14, 2002 Ms. Warren: OK. Vice Chairman Winton: Well, hold. But I think what happened here, I think -- I'm not sure, but I remember us saying something, because 1 -- when I was making that motion, we talked about 27'x' year, and 28`t' year, and 26"' year. I can't even remember which years these are. And we did say something about that year to that year. And I think what we might have done is exactly what Gwen says, but it wasn't our intent. Ms. Warren: No, it was -- Vice Chairman Winton: Because our intent -- all of us were talking about making; sure that the agencies are whole through October. Ms. Warren: Which they are right now. Vice Chairman Winton: And that this study committee get to work and have a recommendation to us by the end of May, I think we said. Ms. Warren: Yes, May. Vice Chairman Winton: And that then would allow us to make the appropriate decisions regarding money that we're going to spend from October I on. That's what our intent was, isn't it? Ms. Warren: "That's -- But then you went further and said -- Vice Chairman Winton: Well, I remember that. See, I think we did say that, but it wasn't our - intent. So do we need to amend that motion? Commissioner Tcelc: Yeah. Vice Chairman Winton: We do, don't we? Commissioner Gonzalez: The funding, the administrative funds for housing -- Ms. Warren: Is at four hundred -- Commissioner Gonzalez: Are covered -- are covered -- they went with an RFP last year, and they are -- they are in place until September 2`6, right? Ms. Warren: Yes, sir. Commissioner Gonzalez: So what you came to propose to the Commission last Commission meeting was to take away the administrative funds for the housing; agencies for next year, right'? 139 March 14, 2002 Ms. Warren: What we proposed is that we discuss the issue of developer fees for next year Versus administration. Vice Chairman Winton: The answer is "yes." Ms. Warren: Yes. Commissioner Gonzalez: No, no, no, no, no, no. Vice Chairman Winton: The answer is "yes." Ms. Warren: Yes. Commissioner Gonzalez: Wait a minute. That's not the answer to nay question. Ms. Warren: OK. Commissioner Gonzalez: You're giving me a second answer, OK? Ms. Warren: OK. Commissioner Gonzalez: Your purpose when you came here last week was to take away the administrative funds of the housing agencies, the agencies that were dung housing. Then what you proposed was that instead of them getting administrative funds that they could leave off the developer's fees. OK? Ms. Warren: That's not my recommendation. Commissioner Gonzales: What is your recommendation then? Ms. Warren: My recommendation was that we provide resources, operating costs for housing agencies that had projects that were in progress and not for agencies that were not Under -- had a program, a project that was ready to start. That was our recommendation, which was the policy change. Vice Chairman Winton: Gwen. Ms. Warren: Right now, we're funding everybody. Vice Chairman Winton: Gwen, Gwen. Chairman Regalado: You didn't -- Gwen, come on. Ms, Warren: OK. Well, whatever you want. Vice Chairman Winton: Come on. You keep turning -- 140 March 14, 2002 Chairman Regalado: Just answer the question. Vice Chairman Winton: Right. Chairman Regatado: Just say "yes" or "no." You said -- You're supposed to say, "Yes, we wanted to take away the money from the housing agencies." That's what you wanted to do, Vice Chairman Winton: And I understand what she's trying to do, because she's -- Ms. Warren: No, that's not what I'm saying. Vice Chairman Winton: The answer is we want to take the administrative -- going to reduce the administrative motley to the agencies. That is -- the answer to that is "yes." Commissioner Gonzalez: No, not reduce it, Johnny, I'm sorry, not reduce it. It was take away the administrative funds for the agencies doing housing; not reduce it, not take them to another level. Just remove the administrative funds. And that was the reason -- one of the reasons why opposed so strong, because if you take away the administrative funds from these agencies, there is -- You're talking about developer's fee. You're not going to be able to get any developer's fee until you have done so much progress on the project. So you're going to have zero. How you're going to achieve developer fees if you're not able to start a project? Vice Chairman Winton: Right. So the answer -- Ms. Warren: The answer is "yes." Vice Chairman Winton: Thank you. Ms. Warren: OK. Yes. Vice Chairman Winton: So the answer was yes, Chairman Regalado: Yeah. Ms. Warren: Yes. Chairman Regalado: That's easy. Vice Chairman Winton: Now, we need to go back, and we've got to deal with -- we need to do two things. We've got to deal with the motion that's on the table. Then we have to go back and amend this morning's motion. Right? Chairman Regalado: OK. So there is a motion, Mr. Chairman, and a second. Vice Chairman Winton: Call the motion. 141 March 14, 2002 Commissioner Sanchez: And your motion is to take a million dollars ($1,000,000) for historical preservation. Chairman Regalado: No. Vice Chairman Winton: No. Rehab. Chairman Regalado: No historic. Rehab. Building rehab that could be also historical preservation. We're not spending money here. We are just setting aside -- Commissioner Sanchez: OK, as long as you're not spending -- Chairman Regalado: We're not. We're not spending the money. Commissioner Sanchez: Or you don't have a plan to spend it. Chairman Regalado: If we have a plan, then there's got to be three votes. But no plan has been brought to the City Commission. Commissioner Sanchez: All right. Call the question. Commissioner Gonzdlez: I need -- yeah, call the question. Vice Chairman Winton: I'm not sure I understand where this comes from, but I'm going to vote "yes" right now. But we do have to figure this out. I mean, because I don't want to take an action here, you know, the law of unintended consequences. I don't want that to happen. So I'm a little nervous here. But in the interest of moving this forward -- and I know that Gwen will come back to us if it's figured out that this really doesn't make appropriate sense, given all the other priorities. So. Ms. Warren: I'll bring it back. Vice Chairman Winton: Call the question. Commissioner Tecic: Hold it, Mr. Chairman. Before you do, I'd like to get the City Attorney to maybe just clarify the record, because these are federal CD dollars. We're not spending anything, but still, we need to make sure that our notices are correct. Chairman Regalado: Yes, sir. Alejandro Vilarello (City Attorney): As I understand this, you're trying to reverse what was part of your discussion and part of the action that you took on Item 6 earlier this morning. Vice Chairman Winton: No. There's two different issues. One is just this motion taking a million dollars ($1,000,000) -- I don't know where it comes from -- somewhere in CD -- and it 142 March 14, 2002 gets put in a reserve account, just to do rehab work. Then the second question -- and that question came out of an explanation related to this one. We know we're going to have to go back and amend -- I think it was Item 6 that the motion was made, because there was an error. We made an error in terms ofwhat our intent was. Mr. Vilarello: My suggestion is that you address that issue first. And it would be in a motion to reconsider your action on Item 6, Vice Chairuan Winton: Before we do that. OK. So do we need to pull the motion that we have on the floor? We have a motion and a second on the floor. Chairman Regalado: Yeah, we need to vote. Vice Chairman Winton: Related to that. Mr. Vilarello: I would suggest that you do that, yes. Withdraw the motion and reconsider on Item 6. Chairman Regalado: Withdraw -- Commissioner Teele: Withdraw? Chairman Regalado: Withdraw this motion. Vice Chairman Winton: 1 don't remember. Somebody up here made a motion, and somebody made a second. Chairman Regalado: No, no. But if you withdraw -- if I withdraw my motion, we don't have to reconsider anything. So -- Mr. Vilarello: Yes, you do. Now you need to go back to Item 6 that you adopted this morning. Move to reconsider that and make the modifications to that that are necessary. Vice Chairman Winton: And then we come back to this. Chairman Regalado: I understand. I understand. Vice Chairman Winton: We have to have a motion to -- Chairman Regalado: A motion to reconsider. A motion to reconsider Item 6. Commissioner Sanchez: Second. Chairman Regalado: A second and a movant. 143 March 14, 2002 Vice Chairman Winton: And so the amended motion is going to be the motion that was on the floor, except, however, we're going to remove the part about what years? 27"' and 28`1'? Is that the right years? Ms. Warren: Yes, yes. Vice Chairman Winton: There was an amendment to the motion this morning that we added on that said that the 27t" and 28`x' years would remain the same for -- Commissioner Gonzalez: Housing administration. Vice Chairman Winton: -- housing administration. Ms. Warren: Housing administration. Vice Chairman Winton: We want to remove that amendment to the original amendment and that's all we want to do. The rest of the amendment stays the same. So move. Chairman Regalado: I moved the motion, Mr. Chairman. Commissioner Sanchez: Second. Commissioner Gonzalez: For discussion. Well, you know, you're going to call the roll. I have to -- i have to vote against that, because 1 don't want to leave the slightest chance that by an action taken in this -- and at least I'm not going to be a part of it, OK? -- that we do an action here that constitutes the next October, the agencies that are doing housing will be without funding. Vice Chairman Winton: And I don't think we're making that motion at all. Chairman Regalado: No, we are not. Vice Chairman Winton: That is not the intent of this motion, at all. Chairman Regalado: At all. Vice Chairman Winton: The intent of this motion is only to clarify what the intent of between now and October 1 is. But the issue over whether or not agencies get housing administration dollars is going to come out of the recommendation of this task force that we're all going to vote on. Commissioner Sanchez: OK. Call the question. Chairman Regalado: All in favor say "aye." The Commission (Collectively): Aye. 144 March 14, 2002 The following motion was introduced by Chairman Regalado, who moved for its adoption: MOTION NO. 02-292 A MOTION TO RECONSIDER PRIOR VOTE ON MOTION 02-283, WHICH HAD DIRECTED THE CITY MANAGER TO: • IMPLEMENT THE AFFORDABLE HOUSING SUMMIT INCLUDING ALL COMMUNITY DEVELOPMENT CORPORATIONS AND FINANCIAL INSTITUTIONS INVOLVED IN COMMUNITY DEVELOPMENT FUNDING; • DEFERRED ANY FUNDING POLICY DIRECTIVE FOR TIERS ONE AND TWO UNTIL AFTER THE SUMMIT; • KEEP LATIN QUARTER FUNDING FROM ANY POOL OF FUNDS SINCE THE PROJECT IS UNDER CONSTRUCTION; • WITHIN THE FRAMEWORK OF THE SUMMIT, MAINTAIN THE LEVEL OF FUNDING FOR THE 28""' YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOUSING ADMINISTRATION TO MATCH 27"' YEAR. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None Ms, Thompson: Mr. Chairman, I'm sorry, I just want to make sure. You just voted on the actual amendment, not the reconsideration of the motion, because you never voted on reconsidering the motion. Chairman Regalado: We did vote now to reconsider. And now, we have to make a motion with the amendment that Commissioner Winton has just explained. Vice Chairman Winton: OIC. Then so move again. 145 March 14, 2002 • 1.1 Chairman Regalado: It's been moved and -- do we have a second? Second. All in favor say aye. Chainman Regalado: Aye. Commissioner Teele: Aye. Commissioner Sanchez: Aye. Vice Chairman Winton: Aye. Chairman Regalado: It passes. Commissioner Gonzalez: I oppose. I want it to be in the record. Ms. Thompson: Yes, sir. Chairman Regalado: One "no." The following motion was introduced by Vice Chairman Winton, who moved for its adoption: MOTION NO. 02-293 A MOTION DIRECTING THE CITY MANAGER TO IMPLEMENT THE AFFORDABLE .HOUSING SUMMIT INCLUDING ALL COMMUNITY DEVELOPMENT CORPORATIONS AND FINANCIAL AGENCIES INVOLVED IN COMMUNITY DEVELOPMENT FUNDING; FURTHER DEFERRING ANY FUNDING FOR POLICY DIRECTIVE FOR TIERS ONE AND TWO UNTIL AFTER THE SUMMIT; FURTHER DIRECTING THE MANAGER THAT THE LATIN QUARTER FUNDING WILL NOT BE PLACED IN ANY POOL OF FUNDS SINCE THE PROJECT IS UNDER CONSTRUCTION. Upon being seconded by Commissioner Tecie, the motion was passed and adopted by the following vote: AYES: Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: Commissioner Angel Gonzalez ABSENT: None Chairnan Regalado: So now it's -- 146 March 14, 2002 Vice Chairman Winton: Back to your item, which is Item -- Chairman Regalado: The item on the set aside money. Ms. 'Thompson: Yes, sir. Vice Chairman Winton: So we need a motion on -- Chairman Regalado: I move that -- Vice Chairman Winton: I'm chairing this. So, yes, Commissioner Regalado. Chairman Regalado: I move that we set aside half a million dollars for building rehab for the Commission and the administration to discuss programs in the future. Commissioner Teele: Second the motion. But I don't understand the word, "administration." Chairman Regalado: With the input of the administration. Commissioner Teele: Are you saying with -- Ms. Warren: We will talk about how we'll do it. Commissioner Teele: OK. Ms. Warren: Not that it would be administration. Commissioner Teele: Because the word, "administration," when you're talking Community Development funds -- Ms. Warren: It's dangerous. Commissioner Teele: -- weans something totally different. So we're not talking about -- Ms. Warren: The Commissioner is basically recommending that we set five hundred thousand dollars aside ($500,000) for commercial programming. Chairman Regalado: And then the staff and the Commission will discuss whatever in that. Vice Chairman Winton: We have a motion and a second. Do we have further discussion? Being none, all in favor, say "aye." Chairman Regalado: Aye. Vice Chairman Winton: Aye. 147 March 14, 2002 Commissioner Sanchez: Aye. Commissioner Tecle: Aye. Commissioner Gonzalez: No. Chairman Regalado: OK. Thank you. We go back to -- Vice Chairman Winton: Show we had one "no." Ms. 'Thompson: Right. The Following motion was introduced by Chairman Regalado, who moved for its adoption: MOTION NO. 02-294 A MOTION DIRECTING THE CITY MANAGER TO SET ASIDE 5500,000 FOR BUILDING REHABILITATION (COMMERCIAL PROGRAM); FURTHER STIPULATING THAT THE COMMISSION AND THE CITY ADMINISTRATION WILL DISCUSS PROGRAMS RELATED TO THIS MATTER IN THE.. FUTURE. Upon beim seconded by Commissioner Tecle, the motion was passed and adopted by the following vote: AYES: Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: Commissioner Angel Gonzalez ABSENT: None 148 March 14, 2002 21, ADJOURN MEETING OF MARCH 7,2002; DISCUSSION CONCERNING FINANCIAL ASSISTANCE. FOR INNER CITY BUSINESSES AND PROGRAM TO ASSIST EX -OFFENDERS ATTEMPTING TO GET BACK INTO JOB MARKETPLACE. Chairman Regalado: We go back to the regular agenda. Today, Leroy Jones, personal appearance. Good afternoon, Leroy. Leroy .Zones: Hey, how you doing, Commissioncj ? Chairman Regalado: We're going back to the 14th. Mr. Jones: Leroy Jones, 4055 Northwest I7th Avenue, representing Brothers of the Satre Mind. I'd like to thank Commissioner Teele and Ms. Warren for sitting down and dialoguing with gas to try to create some kind of ... Chairman Regalado: Leroy, I'm sorry. Mr. Jones: Yes. Chairman Regalado: We need to close the .March 7th meeting and open this meeting. So, do we have a motion to close ... Vice Chairman Winton: So moved. Chairman Regalado: It's been moved by Commissioner Winton. Seconded by Commissioner Teele. All in favor say "aye." The Commission (Collectively): "Aye." 149 March 14, 2002 • • The Collowing motion was introduced by Vice Chairman Winton, who moved its adoption: MOTION NO. 02-295 A MOTION TO ADJOURN THE CITY COMMISSION MEETING OF MARCH 7, 2002. Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel GonzAlez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton NAYS: None. ABSENT: Commissioner Joe Sanchez Chairman Regalado: So, we're now back in the March 15th -- this is Cor the record. Go ahead, Leroy. Mr. Jones: Leroy Jones, 4055 Northwest l7th Avenue, representing Brothers of the Same Mind. I'd like to thank Commissioner Teele and Ms. Warren, recently meeting with us to try to create some program that we can resolve some of these issues with the businesses in the inner City. We're scheduled to meet with Ms. Warren again on next week Tuesday. So, I'd like to thank you, Commissioner Teele, and we're looking for the Commission frill support in whatever program we create. Commissioner Tcele: Mr. Chairman, I just want to put on the record that the Brothers of the Same Mind are really committed to trying to help change the fundamental conditions in the inner City. They volunteered and put up their own members as parade Marshall. You'll remember the Martin Luther icing Parade; worked closely with the Chief. He was very impressed. But we need to put on the record -- I apologize if Commissioner Sanchez is not on the dais, but we're not taking an action. The issue is the Cact that, statistically, a very large percentage of Afro American males have convictions. Their program that they're proposing specifically would involve hard -- at -risk, hard -to -employ individuals, to try to put them in jobs and businesses, doing services in the private sector and in the public sector, and, in particular, in the area of lot clearing and the removal of trash and debris in our upcoming Model Cities Homeownership Zone and other- areas within Model City. It's really, really unfair for people not to be able to get jobs; to see people that don't live in the community under a competitively bid contract, many of whom may not even speak English; they may speak only Creole or only Spanish or Portuguese, but the fact of the matter is, it really serves as an emotional issue for a lot of people that they can't work. They want to work, et cetera. I am personally committed -- notwithstanding my 150 March 14, 2002 tremendous respect for Commissioner Sanchez and the comments that he made on the dais previously -- that we need to develop a program in Model Cities to assist ex -offenders, and I would specifically request that the management prepare data, Dade County -wide, city-wide, statewide, of the number and the percentages of ex -offenders, by race, by gender, by whatever kinds of cut we can have. Because, I think, what we need to be cognizant of is that a solution in Little Haiti may not be the solution in Overtown, and the same is repeated throughout neighborhoods. And, so, we're not talking a decision today, but I am advising the Commission that I am going to continue to work with the Manager and with the Brothers of the Same Mind in trying to develop a program that will address the Ex -offender Program, but I'm very cognizant of the concerns that my colleague, Commissioner Sanchez, had raised, and I want to acknowledge that and I want to congratulate you, Commissioner, for saying, in the words of Ted Coppel -- I won't go there -- for saying to my face what you needed to say, if you feel strongly. That's the best way we can work together, as opposed to you going out and saying something and it really coming back wrong. Your position I respect. I just want to say to you and to the public that we're going to continue to try to work. Hopefully, we'll come up with something that doesn't require this board to have to necessarily approve it as an Ex -offender Program, but we are looking to try to figure out a way to get those people both in jobs and, particularly, the unique program that Brothers of the Same Mind is proposing to make these people owner -operators. They're going to be working to make them all have to buy -- pay occupational licenses and fees to the City of Miami, and to have a business structure and to work with them, and that's what we're trying to do. So, thank you, Mr. Jones. Mr. Jones: If I can add, Commissioner. We appreciate your help and leadership in this, and we're not coming to the table with nothing. We have our own building; we own a forty-five hundred square feet building, which is not funded by the City or the County. No government money. We provide service for convicted felons right now, free of charge, with training in whatever assistance that we can provide for them. So, we already coming in with some sweat equity. And every Commissioner that sit up there has someone that live in they district that's a convicted felon, that's hard to find employment, that's hard to get a push or start. Help uus and assist us in making this program a reality and, you know, it will trickle down, you know. Just -- we just looking for your support to help us, so that we can come in your community, in your district, and help convicted felons in your district, you know. We come to the table with something. We just need y'all support and help us with this issue. Vice Chairman Winton: Commissioner Teele, you know, I would like to say that, you know, I don't know what the program is. I haven't heard about it yet, but the issue on the CIP (Civilian Investigative Panel) and convicted felons, which I lined up with Joe Sanchez one on there, but the issue over jobs for convicted felons is a different issue. You know, they -- we need to snake sure they got jobs, and we need to make sure that they can get into business if they wanted to get into business because what we don't want is them being convicted felons again. And, so, if they don't have jobs, that's what's going to happen. And, so, 1 will lend all the support I can to help YOU guys figure out ways to help these folks get jobs and/or start businesses or whatever the case may be so that they become law-abiding, tax -paying citizens, real contributors to our community. So, I'm very interested in that concept. Commissioner Teele: Thank you. 1 S 1 March 14, 2002 Chairman Regalado: Thank you. Thank you for your ... Commissioner- Gonzalez: I would ince to add that I concur with Johnny -- with Commissioner Winton and Commissioner Teele, but, see, these are the type of things that made me think about the things that happen in the City of Miami. We waste so much money here in so many different things and we put money here in so many different places where --it's my personal opinion that they should not be put in there, and maybe one thing that we can do is, we could start -- we used to have Miami Capital, which assisted a lot of people with businesses in different communities. Well, Miami Capital disappeared, I believe. The program still works somewhere, probably -- I believe it's in Little Havana. But maybe we can come with some kind of a program that we can loan to these people to start their small business, the type of loan with no interest -- repayable without interest, but at least it will give them an opportunity to start in some kind of business. And definitely, something has to be done about providing jobs, because if a person comes out of jail because they violated the law and he can't find a job to become a part of the society, he's going to end up going back to jail because, you know, everybody has to eat, everybody has to pay rent, and support a family. So, you know, you're' going to support your family one way or the other. Commissioner Sanchez: Mr. Chairman`? Chairman Regalado: Yes, sir. Commissioner Sanchez: If this were to go to vote today, it would probably be four to one, but let me just say something for the record. I have nothing against felons having employment. I know plenty convicted felons that are employed, and there are good programs out there that help convicted felons find employment. My concern was that we have so many struggling businesses and first time business owners, minority owners that are struggling to maintain their businesses and open tip their businesses, that 1 don't think that it's appropriate for these funds to be, you know, not given to them and given to convicted felons. I've got nothing against convicted felons finding employment. There's plenty of workout there. If I went to jail and I came out of jail and I wanted a job, nobody's going to stop me from getting a job. I know plenty of convicted felons that come out and they work, whether they go into constructions or they go back into their profession or -- you know, they go out -- they go out and they find work. So, your program that you're starting -- if you would like to start in the district, if it's funded and the funds are there, You know, I don't have a problem with it. But I'm telling you, my concern is, if the little money that we have, with such big needs that we have in our community, you know, you're basically going to take it away from a citizen who never got arrested, who's done everything in their lives abiding the law and has an opportunity for those funds, and then they're given to somebody who's gone to jail, you know. Mr. ,tones: You know, Commissioner Commissioner Sanchez: You know, I support the restoring right, you know. After a certain amount oEtime, convicted felons should get back. You know, they pay their society. But when you have limited funds, limited resources ... 152 March 14, 2002 Vice Chairman Winton: Tick tock, tick tock. Mr. Jones: You know, Commissioner, I want to say, with all due respect, not everybody who's been convicted of a felony really committed a crime. It's a lot of people who's been convicted of felons never committed a crime, OK. OIC. But I do want to say is, as a convicted felon -- because I'm a convicted felon. I've been in the prison system three times, but I want to -- but you know what? I was given an opportunity -- I was given an opportunity. Most African American men in this community is not given the opportunity. Ride through my community and see who working and you'll see what I mean. Now, if you want me to bring a bunch of people here who not working, I can bring them, you know. So, you know, it's a difference where I live at, you know, and for African American men. It's not that easy to find a job. I'm telling you, Commissioner. But one thing I can say is, without a doubt, I'm sure, my Neighbors and Neighbors Program, that I'm the director of, that I created too, is probably the most successful technical assistance program in the City of Miami that provide the type of technical assistance that I do, without a doubt. Commissioner Teele: In the County. Mr. Jones: In the County. Commissioner Teele: OK. Mr. Jones: In the County. In the County. Commissioner Teele: OK. So, Mr. Jones? Mr. Jones: Yes. OK. Commissioner Teele: You have Commissioner Sanchez giving you his point of view. Mr. Jones: Right. And I appreciate that. Commissioner Teele: I don't think there's any need -- I mean, this is something we all are going to work on, and I'in certain that we can come up with a reasonable compromise and I appreciate you coming. And I'm very, very supportive of Commissioner Sanchez' perspective. And he represents a lot of people who feel the same way. Hopefully, there will be at least three people, maybe four, who have a view similar to yours. Chairman Regalado: Thank you. Mr. Jones: I want to -- Chairman Regalado: Thank you. Leroy, Leroy, we need to really move on. Mr. Jones: Commissioner, just allow -- OK. 153 March 14, 2002 22. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING THAT COMPETITIVE SEALED BIDDING PROCEDURES ARE PRACTICAL AND APPROVE ACQUISITION OF SEVEN MP2 LICENSES (INCLUDING MAINTENANCE), UNLIMITED WEB LINK, AND SUPPORT SERVICES INCLUDING IMPLEMENTATION PLANNING, SECURITY SETUP, END USER TRAINING AND START-UP ASSISTANCE FOR DEPARTMENTS OF FIRE -RESCUE AND PARKS AND RECREATION FROM DATASTREAM SYSTEMS, INC., TOTAL AMOUNT $73,736,40; ALLOCATE FUNDS FROM FIRE -RESCUE ACCOUNT, AND PARKS AND RECREATION, Chairman Regalado: Item 2 is a resolution. It needs a four/fifths vote. Do we have a motion? Commissioner Teele: So move. Chairman Regalado: It's been moved. It's Item 2, Commissioners, on the -- Commissioner Gonzalez: Second. Chairman Regalado: It's been moved and seconded. Item 2, Joe. Commissioner Gonzalez: Second. Chairman Regalado: It's been moved and seconded. We're not doing the blue pages right now, but we will do when we -- we need four/fifths on this. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. 154 March 14, 2002 • 0 The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 02-296 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING THAT COMPETITIVE SEALED BIDDING PROCEDURES ARE NOT PRACTICAL OR ADVANTAGEOUS AND APPROVING THE ACQUISITION OF SEVEN MP2 LICENSES (INCLUDING MAINTENANCE), UNLIMITED WEB LINK, AND SUPPORT SERVICES, INCLUDING IMPLEMENTATION PLANNING, SECURITY SETUP, END USER TRAINING AND START-UP ASSISTANCE FOR THE DEPARTMENTS OF FIRE -RESCUE AND PARKS AND RECREATION FROM DATASTREAM SYSTEMS, INC., IN AN AMOUNT OF $48,736.40, PLUS A CONTINGENCY AMOUNT OF $25,000 FOR UNFORESEEN SERVICES WHICH CONSTITUTE EXTRA WORK, IN A TOTAL AMOUNT NOT TO EXCEED $73,736.40; ALLOCATING FUNDS FROM FIRE -RESCUE ACCOUNT CODE NO. 105000.280502.6.270, IN THE AMOUNT OF $31,614.50, AND PARKS AND RECREATION, CAPITAL IMPROVEMENTS PROJECT ACCOUNT CODE NOS. 331368.589301.6.840 ($38,621.90), 001000.580302.6.420 ($1,750), AND 001000.580301.6.420 ($1,750), SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL. (Here follows body of resolution, omitted here and on Fite in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None 155 March 14, 2002 23. DEFER CONSIDERATION OF PERSONAL APPEARANCE BY MS. KAREN CARTWRIGHT OF MIAMI COMMISSION ON STATUS OF WOMEN, CONCERNING RULES GOVERNING BOARDS IN CITY THAT PERTAIN TO EXCUSED AND UNEXCUSED ABSENCES TO COMMISSION MEETING FOR APRIL 11, 2002. Carlos Gimenez (City Manager): Mr. Chairman. Chairman Regalado: Yes, sir. Mr. Gimenez: Item Number 5, we've asked that it be deferred to April 11"' Commissioner Gonzalez: Move to defer. Connnissioner Sanchez: Second, Chairman Regalado: It's been moved and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following motion was introduced by Commissioner Gonzalez, who moved for its adoption: MOTION NO. 02-297 A MOTION TO DEFER CONSIDERATION OF PERSONAL APPEARANCE BY MS. .KAREN CARTWRIGI-IT, A MEMBER OF THE MIAMI COMMISSION ON THE STATUS OF WOMEN, CONCERNING A CLAUSE IN THE RULES GOVERNING ALL BOARDS IN THE CITY THAT PERTAIN TO EXCUSED AND UNEXCUSED ABSENCES TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR APRIL, 11, 2002. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez, Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None 156 March 14, 2002 24. SECOND READING ORDINANCE: AMEND SECTIONS 2-886, 12.5-30, 38-233, 40-193, AND 40-243 OF CITY CODE TO WAIVE REQUIREMENTS FOR THOSE INDIVIDUALS WHO ARE MEMBERS OF CITY BOARDS AND WHO ARE: (1) 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 AND CANNOT ATTEND BOARD MEETINGS, OR (2) EMPLOYEES OF AGENCIES WHOSE SERVICES ARE CONSIDERED ESSENTIAL FOR NATIONAL, STATE OR HOMELAND DEFENSE AND CANNOT ATTEND BOARD MEETINGS. Chairman Regalado: Item 7, a second reading ordinance. Do we have a motion? Commissioner Teele: So move. Commissioner Gonzalez: Second. Chairman Regalado: It's been moved and seconded. Read the ordinance. Alejandro Vilarello (City Attorney): Which item is it? Chairman Regalado: Item 7, United States Armed Forces, personnel on boards, and absence. Commissioner Teele: One technical amendment. It says, who arc employees of companies or -- that language? Mr. Vilarello: Ofagencies. Commissioner Tecle: Would you say "employees or consultants"? Mr. Vilarello: Certainly. Commissioner Teele: I mean are employees or full-time consultants. I mean, there are a number of people who arc called up primarily by these companies to go out and do technical stuff, We have one person on the Zoning Board, Mr. Flowers, was here today, who is up in Boston on a special assignment for the FAA (Federal Aviation Administration) in the Boston Airport. So lie's an independent consultant, lie's well respected, and I'd just like to ensure that they -- that's the intent, is to include those kinds of people, as well. Chairman Regalado: Amendment? Mr. Vilarello: You can include that amendment. It would not materially alter the ordinance. Commissioner Teele: OK. Thank you. Mr. Vilarello: Therefore, it can be considered on second reading. 157 March 14, 2002 Chairman Regalado: No, this is second reading. Mr. Vilarello: In other words, you can amend it to include that language and stay on second reading. Chairman Regalado: OK. It's been amended by Commissioner Teele, just the word "consultants" also to be included. Call the roll. 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 (1) RESERVISTS IN 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) FULL-TIME CONSULTANTS OR 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, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. passed on its first reading, by title, at the meeting of February 14, 2002, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Teele, seconded by Commissioner Gonzi}lez, the ordinance was thereupon given its second and final reading, by title, and was passed and adopted by the following vote: AYES Commissioner Angel Gonzdlez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chainnan Tomas Regalado NAYS: None ABSENT: None THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12201. The ordinance was read by title into the public record by the City Attorney. 158 March 14, 2002 • .7 25. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVE ACQUISITION OF ROOF REPAIRS AT JAMES L. KNIGHT CENTER FOR DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES FROM MURTON ROOFING CORPORATION, $24,000; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROJECT. Chairman Regalado: Item 8, a resolution. It needs a flour/fifths vote. Do we have a motion? Vice Chairman Winton: So move. Commissioner Gonzalez: Second. Chairman Regalado: It's been moved and seconded. Commissioner Sanchez: Discussion, discussion. Chairman Regalado: Discussion, Commissioner Sanchez, Commissioner Sanchez: Is Murton Roofing Corporation a local company? Chairman Regalado: Mr. Manager? Commissioner Gonzalez: Is that a local company? Commissioner Sanchez: Because I know a lot of starving roofers out in this community -- Carlos Gimenez (City Manager): I'll get you the answer on that. Chairman Regalado: OK. Vice Chairman Winton: Doesn't look like it. Chairman Regalado: We -- Vice Chairman Winton: Doesn't look -- their address isn't. Commissioner Sanchez: She's here. Christina, I'm sorry. On Item Number 8, the roofing company, Murton Roofing Corporation, are they a local vendor? Christina Abrams (Director, Conferences, Conventions & Public Facilities): Sir, I don't know the answer to that. I believe they are, but I'm not a hundred percent sure. Vice Chairman Winton: Well, their address is -- Ms. Abrams: I can double check and get right back to you. 159 March 14, 2002 Vice Chairman Winton: Their address is West Dade. Ms. Abrams: I would have to a hundred percent. I can find out and get right back to you. Commissioner Sanchez: Well, I would ask that this item be deferred. Vice Chairman Winton: Well -- Commissioner Gonzalez: Second, deferral. Vice Chairman Winton: But we don't have a -- you know, we don't have -- Commissioner Sanchez: is this an emergency? Ms. Abrams: Well, let me explain. The -- Vice Chairman Winton: Oh, it's an emergency. Commissioner Sanchez: Well, it's ratifying. But, Johnny, let me tell you something. Vice Chairman Winton: OK, I see what you're saying. Commissioner Sanchez: You know, if there's one thing that I respect here when J.L. was here, he fought for local vendors. OIC? I know many companies, many roofing companies that are in this -- that are stationed in the City of Miami. And when we have to go out to an outside company -- these are people that are paying certificate of use -- Vice Chairman Winton: But they still have to bid, and they have to win. I don't give a hoot where they are. They've still got to bid and win. Commissioner Sanchez: I agree with you. I'm not going to dispute that. But you know what? We focus on having Procurement go out and look for local companies, OK? Vice Chairman Winton: 1 agree. I agree. Commissioner Sanchez: And this company, it's not -- if it's not a local vendor, then -- Listen, if it's an emergency, and it's ratifying and it's done already, you know, I've got to bite the bullet. But let me tell you, 1 know of at least seven or eight companies that are roofing companies in this City that employee City people that I don't see working out there. I'm -- East Little Havana, now over at the NET (Neighborhood Enhancement Team) Office on -- in front of St. Peter and Paul, which is 12t" and 13`x' -- Most of the NET offices are getting the roofs done. I don't believe none of those companies are local, you know. I wish they were. Commissioner Gonzalez: Yeah. Commissioner Sanchez: She's got to stand up for the local people. 160 March 14, 2002 Commissioner Gonzdlez: Mr. Chairman, 1. happen to agree with Commissioner Sanchez. We were just two minutes ago, we were talking about people unemployed in the City of Miami, the needs that we have for jobs. And I have to support Commissioner Sanchez. We have to do, you know, every effort that we can to make sure that at least City business are given to local vendors as much as we can, to make sure that we not only govern the City, but we also provide jobs and help these companies, you know, pay their licenses. They pay taxes, licensing fees and permits, and so on and so on. So, you know, we've got to make sure that we support our people here in the City of Miami. Commissioner Sanchez: Christina, if they were ten percent below, then I don't have a problem with it. Ms. Abrams: Commissioner, this vendor was selected by the management company that operates the Knight Center, and they follow their own procurement processes. Understanding the sensitivity of trying to select vendors from -- you know, locally -- we'll make sure to explain that to there in the future. But this work has already been completed. Commissioner Sanchez: Yeah, but Christina, I get that all the time. I mean, I get that all the time. The three years that I've been here, every time that they hire somebody -- All I want you to focus on is to try to employ people that are in the City. Ms, Abrams: Yes, sir. I understand. Commissioner Sanchez: That's all that I ask. Ms. Abrams: I understand. I'll make that clear to them in the future. Chairman Regalado: Let me ask a question. Mr. Manager, did you hire that already, that firm already`? Vice Chairman Winton: She said it's already --the work's already been done. She just -- Mr. Gimenez: This work is already done. This is roof work and -- Vice Chairman Winton: She just said that. Mr. Gimenez: And Mr, Chairman, I mean, I've told the administration that roofs and all, they're going to get fixed as soon as we can, because all we're doing is -- if we don't, we're just going to sustain more damage. So, I mean, we're doing it on emergency bases all the time -- Vice Chairman Winton: Which then means that our Procurement Department needs to go out and if they've got to go door to door and knock on the doors of the local roofing companies to get them qualified to bid, then we ought to do that. Mr. Gimenez: We agree. Apparently, though, this was procured by the management company. Vice Chairman Winton: I understand, right. 161 March 14, 2002 • • Mr. Gimenez: And I think what we need to tell the management company is they need to start doing the work with people that are in the City or else we'll get a new management company. Vice Chainnan Winton: Yeah, right. Ms. Abrams: Thank you. Chairman Regalado: OK. It needs a four/fifths vote. All in favor, say "aye." Vice Chairman Winton: Aye, Commissioner Gonzdlez: Aye. Chairman Regalado: Aye. It passes. Commissioner Sanchez: No. Chairman Rcgalado: One "no." Make one "no." The following motion was introduced by Vice Chairman Winton, who moved for its adoption: MOTION NO. 02-298 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 ACQUISITION OF ROOF REPAIRS AT THE JAMES L. KNIGHT CENTER FOR THE DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES FROM MURTON ROOFING CORPORATION, IN AN AMOUNT NOT TO EXCEED $24,000; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECTS, ACCOUNT CODE NO. 325010.359301.860. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Vice Chaftman Johnny L. Winton Chairman Tomas Regalado NAYS: Commissioner Joe Sanchez ABSENT: Commissioner Arthur E. Teele, Jr. 162 March 14, 2002 • • 26. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE REQUIREMENTS FOR COMPETITIVE SEALED PROCEDURES, AND APPROVE ACQUISITION OF ELECTRICAL AND HYDRAULIC NOZZLE PARTS AND SERVICES FOR REPAIR OF QUINT 9 FOR DEPARTMENT OF FIRE -RESCUE FROM TEN -8 -EQUIPMENT, INC., $5,500. Chairman Regalado: Item 9, it needs fourlfifths vote. Do we have a motion'? Just don't leave. Vice Chairman Winton: What is it`? Commissioner Gonzalez: So what are we going to do about 8? Are we going to defer for a few minutes, or table it or what? Chairman Regalado: No, we're going to table it and we'll take it afterwards. Vice Chairman Winton: I move 9, Chairman Regalado: Nine, it's been moved. Do we have a second'? Commissioner Sanchez: Second. Chairman Regalado: All in favor, say "aye." 'Tile Commission (Collectively): Aye. Chairman Regalado: It passes on a lburlftfths vote. 163 March 14, 2002 • • The following resolution was introduced by Vice Chairman Winton, who moved Ior its adoption: RESOLUTION NO. 02-299 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 COMPETI'T'IVE SEALED PROCEDURES, AND APPROVING THE ACQUISITION OF ELECTRICAL AND HYDRAULIC NOZZLE PARTS AND SERVICES FOR THE REPAIR OF QUINT 9 FOR THE DEPARTMENT OF FIRE -RESCUE FROM TEN -8 EQUIPMENT, INC., IN AN AMOUNT NOT TO EXCEED S5,500; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 001000.280701.6.670. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, .Ir. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None 164 March 14, 2002 • 0 27. APPOINT RUDY DE LA GUARDIA, ALLYSON WARREN AND CHARLES MC EWAN AS MEMBERS OF CODE ENFORCEMENT BOARD (See #'s 30,32). Carlos Gimenez (City Manager): Mr. Chairman, there's also from the March 7"' meeting, there's 5-C that was deferred. Chairman Regalado: Yeah, yeah, we're going to do that. But we need to do some appointments right now, because Commissioner Winton has to leave, and he has some appointments. And so we have Item 10, Code Enforcement Board, regular members. Commissioner Sanchez, you have an appointment. Commissioner Sanchez: Yes. Rudy de ]a Guardia as an alternate. Has he applied? Priscilla A. Thompson (City Clerk): Give me your application. Chairman Regalado: You don't need application for the Code Enforcement, so you can -- Commissioner Sanchez: He was a part of the Code Enforcement. Oh, I'm sorry, I'm sorry. Chairman Regalado: Zoning and Planning. You need not to have an application. So you want Mr. Rudy de la Guardia? Commissioner Sanchez: Yes, sir. Chairman Regalado: There is a motion by Commissioner Sanchez -- Vice Chairman Winton: Second. Chairman Regalado: -- to appoint Rudy de ]a Guardia as his appointment in the Code Enforcement Board. It's been seconded. All in favor, say "aye." The Commission (Collectively): Aye. 165 March 14, 2002 • • The following motion was introduced by Commissioner Sanchez, who moved For its adoption: MOTION NO. 02-300 A MOTION TO APPOINT RUDY DE LA GUARDIA AS A MEMBER OF THE CODE ENFORCEMENT BOARD. Upon being seconded by Vice Chairman Winton, the motion was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: Commissioner Arthur E. Tecle, Jr. Chairman Regalado: Commissioner Teele has an appointment and -- Vice Chairman Winton: He's not here. Chairman Regalado: -- he is not here. So we'll wait for him. We have three appointments, Commission at large. Can yon► chair so I can make an appointment? Vice Chairman Winton: Yes, I will chair. The Chair recognizes Commissioner Regalado. Chairman Regalado: An appointment by Commission at large, Allyson Warren, Chuck McEwan. We have two. We need another one at large. Commissioner Gonzalez: I second Allyson Warren and Charles McEwan. Vice Chairman Winton: We have a motion and a second on Allyson Warren and Charles McEwan. Further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. 166 March 14, 2002 The following motion was introduced by Chairman Regalado, who moved for its adoption: MOTION NO. 02-301 A MOTION APPOINTING ALLYSON WARREN AND CHARLES McEWAN AS MEMBERS OF THE CODE ENFORCEMENT BOARD. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Commissioner Angel Gonzdlcz Commissioner Joe Sanchez Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: Commissioner Arthur E. Teele, Jr. Chairman Regalado: OK. Mr. Chairman, we -- so I'm taking back. So we still have one Commission at large appointment. Vice Chairman Winton: That we need to "ll. Allyson Warren: Alternate. Chairman Regalado: No. Ms. Warren: Yeah. (INAUDIBLE) is an alternate. Chairman Regalado: I know. We have one regular Commission at large appointment and alternate -- and an alternate for the Code Enforcement Board. Vice Chairman Winton: But we don't have anybody for that position, so -- Ms. Warren: Mr. McEwan and I are both regular at -large members. Mr. de Besa was an at -large alternate. Chairman Regalado: So -- Ms. Warren: Mr. Teele's reappointment is the Vice Chair, who is a regular Commissioner appointee. Chairman Regalado: So anybody wants to move Placido de Besa, Paul de Besa as an alternate at large, the Commission at large? 167 March 14, 2002 • • Commissioner Gonzalez: Well, we have here that he exceeded the number of absences. I have no problem on moving Paul de Besa. Eventually -- you know. Vice Chairman Winton: But we don't have to act on it today. I mean, it's not so -- Commissioner Gonzalez: Can we defer this appointment? Chairman Regalado: Yeah, we can defer that. Commissioner Gonzalez: Then I move to defer this appointment. Vice Chairman Winton: 1 mean, so we can discuss it next time. But we need to move on though, you know? We're malting appointments. The world is not coming to an end. Eladio Armesto: Mr. Chairman and Mr. Vice Chairman -- Chairman Regalado: He wants to address that on the appointments. Mr. Armesto: Just in the appointment case, I was suspended by this Commission two years ago, two years ago until my case was solved in the court. Now, I'm. requesting, very humble here, to be given back my seat as an alternate at large in the Code Enforcement Board, who was promised to me by this Commission, when they suspended me until the case was resolved. Vice Chairman Winton: Excuse me. I didn't promise you anything, ever. Mr. Armesto; Not this Commission. The Commission that was in charge at that time. Vice Chairman Winton: Well, that Commission isn't here. Mr. Armesto: Oh, I was an appointment by Mr. Regalado. Vice Chairman Winton: I just want the record to show -- You put on the record that this Commission promised you something. This Commission promised you nothing. Mr. Armesto: The City of Miami Commission. Vice Chairman Winton: This Commission wasn't sitting here. Mr. Armesto: The City of Miami Commission sitting at that time accept and agree with me -- Chairman Regalado: Let me explain. Mr. Armesto: Yes, sir. 168 March 14, 2002 • • Chairman Regalado: Let me explain. When their investigation came about, Commissioner Teele said, well, what we're going to do is we are not going to reappoint you. If you are found innocent, then we'll consider your appointment. And that's exactly what was said. So -- Commissioner Gonzalcz: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Gonzalez: Let the record reflect that I was not removed; that I resigned voluntarily. Chairman Regalado: Yeah. Well, we're not talking about you. We're talking about his case. Commissioner Gonzalez: 1 just want the record to reflect that. Commissioner Sanchez: I could vouch for that. Chairman Regalado: Well, anyway, let's do something. We are going to defer the alternate and one Commission at large for the April 11 "' meeting, and we will address that issue. So we have appointments Vice Chairman Winton: There aren't two appointments, because we just made two at large. So there's only the alternate member at large. Ms. Warren: Commissioner Teele (INAUDIBLE) appointment. Chairman Regalado: We need one member at large and one alternate. That's what we need. Vice Chairman Winton: No, no, no. There's only -- Ms. Warren. (INAUDIBLE.) Vice Chairman Winton: Commissioner Regalado -- excuse me. Ms. Warren: I'm sorry. Chairman Regalado: Yes, sir. Vice Chairman Winton: Commissioner Regalado, we just appointed two regular members at large, which is Allyson Warren and Charles McEwan. Chairman Regalado: Right. Vice Chairman Winton: So the only thing that's left, according to what I'm reading here -- Commissioner Gonzalez: Paul de Besa. 169 March 14, 2002 • • Vice Chairman Winton: -- is the at large that's an alternate. Chairman Regalado: Oh, OK. Mr. Armesto: That was, Mr. Commissioner Winton, my position before, at large. Chairman Regalado: OK. We will do that in April 11`'. 170 March 14, 2002 28, APPOINT FERNANDO CASANOVA AND BEATRIZ MENDEZ AS MEMBERS OF COMMUNITY RELATIONS BOARD (See #3). Chairman Regalado: Item 11, members of the Community Relations Board. Commissioner Gonzalez, Commissioner Teele, and Commissioner Sanchez and Mayor Diaz have an appointment. Anybody wants to make appointment? Commissioner Gonzalez: I proffer Fernando Casanova for the Community Relations Board. Chairman Regalado: Fernando Casanova. Vice Chairman Winton: Second. Chairman Regalado: You have another appointment? Commissioner Gonzalez: I'm going to defer the other one. Chairman Regalado: OIC. Fernando Casanova has been moved as member of the CRB (Community Relations Board). Second by Commissioner Winton. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following motion was introduced by Commissioner Gonzalez, who moved for its adoption: MOTION NO. 02-302 A MOTION APPOINTING FERNANDO CASANOVA AS A MEMBER OF THE COMMUNITY RELATIONS BOARD. Upon being seconded by Vice Chairman Winton, the motion was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: Commissioner Arthur E. Teele, Jr. Chairman Regalado: Commissioner Sanchez. Commissioner Sanchez: I would like to re -appoint Beatriz Mendez. 171 March 14, 2002 • 0 Chairman Regalado: Beatriz Mendez. It's a motion. Vice Chairman Winton: Second. Chairman Regalado: It's been seconded. All in favor, say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 02-303 A MOTION APPOINTING BEATRIZ MENDEZ AS A MEMBER Or THE COMMUNITY RELATIONS BOARD. Upon being seconded by Vice Chairman Winton, the motion was passed and adopted by the following VOW'. AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: Commissioner Arthur E. Tecle, Jr, 172 March 14, 2002 29. APPOINT ERNESTO HERRERA AND FRED .JACKSON AS MEMBERS OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD; WAIVE RESIDENCY REQUIREMENTS FOR ERNESTO HERRERA AND FRED JACKSON. Chairman Regalado: Mayor Diaz has not sent the appointment -- he did send one appointment for another board. Precisely, he had sent on Item 12, the Community Technology Advisory Board. Mayor Diaz is proffering the name of Ernesto Herrera. But we do need a residency waiver if -- do we got a motion on the Mayor appointment, please? Vice Chairman Winton: So moved. Chairman Regalado: It's been moved. And a second? Commissioner Gonzalez: Second. Chairman Regalado: OK. 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. 02-304 A MOTION APPOINTING ERNESTO HERRERA AS A MEMBER OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: Commissioner Arthur E. Teele, Jr. Chairman Regalado: Now, we need a motion to waive the residency requirement. Do we have a motion for the Mayor's appointment? Vice Chairman Winton: So move. Chairman Regalado: It's been moved and seconded. All in favor, say "aye." The Commission (Collectively): Aye. 173 March 14, 2042 • • The following motion was introduced by Vice Chairman Winton, who moved for its adoption: MOTION NO. 02-305 A MOTION WAIVING THE RESIDENCY REQUIREMENTS CONTAINED IN SECTION 2-884 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS IT PERTAINS TO THE APPOINTMENT OF ERNESTO HERRERA AS A MEMBER OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: Commissioner Arthur E. Teele, Jr. Chairman Regalado: Vice Chairman Winton has an appointment on the Community Technology Advisory Board. Commissioner. Vice Chairman Winton: Well, frankly, I'm thinking about pulling my appointment, because I'm not sure that from a Commission standpoint, we all have agreement in terms of what we think the function of this board will be, and I think until we do and -- you know, Richard Paul-Hus is very, very busy. He's very well respected in the industry, and I think we've got to have -- you know, I'm just -- until I think we have an agreement in terms of what we think the mission of this board is, and the kinds of people we need on it, I'm not going to continue with that appointment and I'm not going to make one. Chairman Regalado: OIC. Commissioner Sanchez, any appointment for that board? Commissioner Sanchez: Yes. Fred Jackson. Chairman Regalado: hied Jackson. There is a motion. It's been seconded by Commissioner Gonzalez? Commissioner Gonzalez: Yeah, I will second. Chairman Regalado: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. 174 March 14, 2002 • • The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 02-306 A MOTION APPOINTING FRED JACKSON AS A MEMBER OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: Commissioner Arthur E. Teele, Jr. Chairman Regalado: Commissioner Gonzalez, you have an appointment. Priscilla A. Thompson (City Clerk): Commissioner, Commissioner, Chairman, I'm sorry. Commissioner Gonzalez: I'll defer mine, Mr. Chairman. Ms. Thompson: We need a residency waiver on Mr. Fred Jackson, please. Chairman Regalado: We need a residency waiver on Fred Jackson. It's been moved by Commissioner Sanchez. Commissioner Gonzalez: Second. Chairman Regalado: Seconded by Commissioner Gonzalez. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. 175 March 14, 2002 • • The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 02-307 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: Commissioner Arthur E. Teele, Jr. Chairman Regalado: Commissioner Gonzalez is going to defer his appointment on the Community Technology Advisory Board. 176 March 14, 2002 C7 • 30. APPOINT RUDY DE LA GUARDIA, ALLYSON WARREN, CHARLES MC EWAN AND JAMES KEANE AS MEMBERS OF THE CODE ENFORCEMENT BOARD (See #'s 27 and 32). Chairman Regalado: Commissioner Teele, you have an appointment on the Code Enforcement Board, sir, and we did the rest of the appointments, but if you want -- Commissioner Teele: What is this? Chairman Regalado: That's 10. And you have -- Commissioner Teele: Oh, I would definitely re -appoint Mr. Keane, who exceeded the absences by the Code, however Mr. Keane, as you know, is the owners of a very successful business, Let's Make a Daiquiri, and has chosen to go out and re-educate himself, and he's been full-time in school, and he's provided me with documentation. Vice Chairman Winton: Second, Commissioner Teele: So move. Chairman Regalado: It's been moved and seconded. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. 177 March 14, 2002 The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 02-308 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS REGULAR MEMBERS OF THE CODE ENFORCEMENT 130ARD FOR TERMS AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the following vote: AYES: Commissioner Angel Gonzdlez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None 178 March 14, 2002 31. APPOINT ANTHONY ROBBINS, FERNANDO CASANOVA AND BEATRIZ MENDEZ AS MEMBERS OF COMMUNITY RELATIONS BOARD (See #28). Chairman Regalado: Commissioner Teele, you have an appointment on the Community Relations Board. Commissioner Teele: How did the Commission handle the three at -largo appointments? Chairman Regalado: Chuck McEwan, Allyson Warren and we still have one alternate left, Commissioner Teele. Mr. Eladio Armesto was requesting to be appointed as an at -large alternate, because he said that this Commission promised that -- and I remember that you and I spoke about that when he -- Commissioner Teele: On the dais we spoke about it. Chairman Regalado: Yes. Commissioner 'Teck: And I said then, as I will say now that he should have resigned while he was under the cloud, even though he had not been convicted, because I think being on the board like that -- a Code Enforcement Board, and being under that kind of cloud. In that he was exonerated, and in that we have acknowledged that, I am more than willing to support the District Commissioner where he lives if he would choose to appoint him for the position. But I think it would be presumptuous of me to -- and I would be deeply offended if any of you appointed someone from my district that -- even though it's an at - large appointment -- without allowing me to at least make the motion. So I would be more than pleased to second the motion if there is a District Commissioner where you live, sir, that wants to make that nomination. Chairman Regalado: Well, we don't know where he lives. We don't know where he has his office. Commissioner Teele: Well, we'll find out. Chairman Regalado: So what district do you live? Vice Chairman Winton: Sir, could we move to the next item? Commissioner Teele: All right. I would appoint Mr. Anthony Robbins, reappointment. Chairman Regalado: Anthony Robbins, his name is being proffered -- Vice Chairman Winton: Second. Chairman Regalado: -- as an appointment. It's been seconded. All in favor, say "aye." The Commission (Collectively): Aye. 179 March 14, 2002 The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 02-309 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED .HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None 180 Mauch 14, 2002 32. INSTRUCT MANAGER TO REVIEW RECORDS TO DETERMINE 1.F ELADIO ARMESTO COMPLIES WITH QUALIFICATIONS REQUIRED TO BE APPOINTED AS MEMBER OF CODE ENFORCEMENT BOARD AND REPORT FINDINGS TO COMMISSION (See #'s 30 and 27). Chairman Regalado: Mr. Armesto, in what district do you live, sir? Eladio Armesto: Mr. Chairman, I do not live in the City of Miami. 1 own property, I have business in the City of Miami, and I was appointed as a business owner, and property owner and a taxpayer of the City of Miami. I have property in your district. I have property in Mr. Gonzalez' district, and I have a business in Mr, Gonzdlez' district, and I own property in Mr. Sanchez' district, too. ColTlmisSloner Tecle: I would therefore move that the City Manager be instructed to go out and do a review of all of the properties and give us a report for the next meeting; that the matter be carried over, so we can make sure we know what we're doing. Commissioner Sanchez: Second. Chairman RegAado: OK. It's a motion and second. All in favor, say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Tecle, who moved for its adoption: MOTION NO. 02-310 A MOTION INSTRUCTING THE CITY MANAGER TO REVIEW RECORDS TO DETERMINE IF ELADIO ARMESTO COMPLIES WITH QUALIFICATIONS REQUIRED TO BE APPOINTED AS A MEMBER OF THE CODE ENFORCEMENT BOARD AND TO REPORT HIS FINDINGS AT THE COMMISSION MEETING CURRENTLY SCHEDULED FOR APRIL 11, 2002. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Tecic, Jr, Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None 181 March 14, 2002 C3 DEI ER APNOINTMCNTS TOCULTURAL ANDFINK ARTS BOARD. f _� Chairman Regalado: OK. We have -- Vice Chairman Winton: We're on 12. Chairman Regalado: Item 12, Commissioner GonzAlez, it's been done already. Vice Chairman Winton: Oh, I'm sorry. Chairman Regalado: Item 13, I'd like to defer this for April, because this is changing as it is right now, 182 March 14, 2002 34. TABLED: APPOINTMENTS TO DISTRICT TWO HISTORIC PRESERVATION ADVISORY BOARD (See #37). Chairman Regalado: Item 14, Historic Preservation Advisory Board for District 2. The Mayor has one appointment. Vice Chair Winton has one appointment. The Commission at large has one appointment. Commissioner Winton, Vice Chairman Winton: Yes. 1 would like to appoint Megan Kelly, and I would like to put on the record that Dolly McEntyre was previously appointed as the Dade Heritage Trust representative, so that slot had been filled. Chairman Regalado: So you have one by yourself, and you're suggesting one name for the Commission at large appointment? That's what you're doing? Vice Chairman Winton: I'm not sure that's what I'm doing. No. Priscilla A. Thompson (City Cleric): No. Vice Chairman Winton: I'm doing the Vice Chairman position, but Dolly McEntyre had previously been -- Somewhere in something I had that said that there needed to be the appointment of an individual -- Ms. Thompson: Right. Vice Chairman Winton: -- that's a member of the Dade Heritage Trust. And so what I'm saying is that that member had been appointed previously, and that person's name is Dolly McEntyre. Ms. Thompson: That's correct. That's what was in our backup documentation. Vice Chairman Winton: So who's -- Chairman Regalado: Just one Commission at large appointment? Ms. Thompson: And Commissioner Winton still has an appointment. Correct'? I'm sorry. I'm sorry. He did -- I'm sorry. Vice Chairman Winton: Hold on, there's a little confuse -- You want to go to the next item and -- Chairman Regalado: OK. Vice Chairman Winton. -- we will sort through this. Chairman Regalado: OK. We'll come back to 14, Historic Preservation Board, District 5. Commissioner Teele has four appointments. Commissioner Teele: Move to defer. 183 March 14, 2002 Chairman Regalado: Move to defer. Commissioner Gonzalez: Second. Chair uan Regalado: It's been moved and seconded. 184 March 14, 2002 35. CONFIRM JEFFREY BERCOW, MATTHEW GORSON, J. MEGAN KELLY AND JEROME HOLLO AS MEMBERS OF BOARD OF DIRECTORS OF DOWNTOWN DEVELOPMENT AUTHORITY (DDA). Chairman Regalado: Item 16, appointment of certain individuals as members of the Board of Directors of the Downtown Development Authority (DDA). Commissioner Winton, you are the Chair of that board. Vice Chairman Winton: So move the four names. Commissioner Tecle: Second. Vice Chairman Winton: Jeffrey Bercow, Matthew Gorson, Megan Kelly, Jerome Hollo. Commissioner Teele: Second. Chairman Regalado: It's been moved and seconded. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Teele: Mr. Chairman, Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: I want to say again that I really think that the DDA has really got to reach hard for diversity, including gender and Culture. And I have total confidence. I don't want to mess -- I don't want to get into your business, Commissioner Winton. But I do want to commend you for having a young man to come onto the board, Mr. Hollo, Jerome Hollo, and I think that's a really good decision for this City, because we need, you know, some younger people, as well. And Ijust wanted to compliment the process, but urge you to continue to work toward -- Vice Chairman Winton: And we have one more coming. Commissioner Teele: Yes, sir. Chairman Regalado: OK. Motion passes. 185 March 14, 2002 The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-311 A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE BOARD OF DIRECTORS OF THE DOWNTOWN DEVELOPMENT AUTHORITY FOR TERMS AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Cleric.) Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Commissioner Angel GonzAlcz Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None 186 March 14, 2002 LJ 36. APPOINT TOM JEFFREY AS MEMBER OF FLORIDA ECONOMIC DEVELOPMENT FINANCING AUTHORITY._ Chairman Regalado: Item 17. Members of the Florida Economic Development Financing Authority. Commissioner Winton, you have one appointment. 17. Do you wish to defer? Vice Chairman Winton: Oh. Chairman Regalado: 17. Vice Chairman Winton: Yes. I'm sorry. I would like to nominate Torn Jeffrey, and he does not meet the residency requirements. Commissioner Gonzalez: Second. Vice Chairman Winton: So he needs a waiver. Chairman Regalado: So there is a motion for Tom Jeffrey with a residency waiver. Moved by Commissioner Winton. Second by Commissioner Tesla. 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. 02-312 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE CITY OF MIAMI, FLORIDA ECONOMIC DEVELOPMENT FINANCING AUTHORITY FOR A TERM AS DESIGNA'T'ED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Cleric.) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None t87 March 14, 2002 37. APPOINT MEGAN KELLY AS MEMBER OF DISTRICT TWO HISTORIC PRESERVATION ADVISORY BOARD (See 434). Chairman Regalado: You wish to return to Item 14, Historic Preservation Board, for District 2? Vice Chairman Winton: Yes, 1 do. The clarifying point is that Megan Kelly would be -- would not be the Commission at Large appointment. It would be my appointment. Chairman Regalado: OK. Vice Chairman Winton: In the original ordinance, there was a requirement that a Dade Heritage Trust member be appointed. That was Dolly McIntyre. That was done some time ago. So there still is a Commission at Large vacancy. Chairman Regalado: You want to proffer a name so the Commission will -- Vice Chairman Winton: I don't have one. 1 don't have one for that. Chairman Regalado: You want to defer that appointment? Vice Chairman Winton: Yes, defer the Commission at Large. Chairman Regalado: To April I I"'. April l 1 "'. So 18, Equal Opportunity -- Vice Chairman Winton: And, by the way, we'd be interested in -- if you all have somebody that you think is good in this arena, I would love to have them participating. That's to all of you. Chairman Regalado: Then any Commissioner can send a inemo to the City Clerk, and then that memo will be placed on the agenda for April 11 "' for that appointment. Priscilla A. Thompson (City Cleric): And we do need a roll call on the Dade Heritage Trust appointment. Chairman Regalado: We did not have -- Vice Chairman Winton: That appointment was made a long time ago. That's the point I'm malting. Ms. Thompson: But you substituted, if I'm not mistaken. You changed -- Vice Chairman Winton: No, we did no substitution. Chairman Regalado: No, no, he did not. He didn't. Vice Chairman Winton: I'M just making a point of clarification that the Dade Heritage Trust appointment was made a long time ago. Chairman Regalado: His appointment, his appointment is Megan Kelly. 188 March 14, 2002 • 0 Vice Chairman Winton: Which is the -- Chairman Regalado: And he deferred -- he deferred the Commission at Large appointment. Ms. Thompson: But theft the -- Megan Kelly, did we ever get a Commission vote on that one? I think that -- Chairman Regalado: Yes, we did. Yes, we did. It was approved. Ms. Thompson: Sylvia is saying we didn't. I'm sorry. Commissioner Teele: So move, Mr. Chairman. Chairman Regalado: It's been moved and seconded. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLU`T'ION NO. 02-313 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE DISTRICT TWO HISTORIC PRESERVATION ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None 189 March 14, 2002 38. ^ APPOINT ALDWYN MELTON, MICHAEL GONGORA, ALAN MORLEY, SAM MASON, MIRIAM URRA, ALBENA SUMNER, HENRY S. HARRISON, OFFICER VIONA BROWN, JESSICA CAPO AND Sf-IAD FIELDS AS MEMBERS OF EQUAL OPPORTUNITY ADVISORY BOARD. Chairman Regalaco: Equal Opportunity Advisory Board. Vice Chair Winton, two appointments. All of the Commissioners have appointments, two appointments. Commissioner Teele: Mr. Chairman, I would move the Commission at Large confirmation of Mr. Harrison, Officer Brown, Jessica Capo and Shad Fields, based upon their respective nominations from the union. Commissioner Sanchez: Mr. Chairman, I would like to also include in there Sam Mason. Chairman Regalado: I'm sorry? Commissioner Teele: On yours? Commissioner Sanchez: Sam Mason is my appointment. Chairman Regalado: Sam Mason? Vice Chairman Winton: And I have two that I would like to add to that motion. Commissioner Gonzalez: You're talking about Equal Opportunity Advisory Board? Chairman Regalado: Equal Opportunity Advisory Board. Commissioner Gonzalez: I proffer Miriam Urra and Albena Sumner, Chairman Regalado: Miriam Urra, Albena Sumner. Vice Chairman Winton: And I would like to re -appoint Aldwyn Melton and Michael Gongora. Chairman Regalado: Commissioner Teele? Commissioner Teele: I'm going to pass. Who's the staff on this board, Equal Opportunity Board, Mr. Manager? Who's the staff director? Who staffs this board? Chairman Regalado: That's the one that we discussed all morning. Priscilla A. Thompson (City Clerk): Maria Ferre Morales. Carlos Gimenez (City Manager): Which board, sir? Commissioner Teele: Economic Opportunity -- 190 March 14, 2002 Chairman Regalado: No. Equal -- Ms. Thompson: Equal Opportunity. Chairman Regalado: Equal Opportunity. Mr. Gimencz: That's Maria Ferre Morales. Vice Chairman Winton: Debate this morning about who staffs. Commissioner Teele: I would like to meet with the staff director of that, if I could, please, before the next meeting. Mr. Gimenez: Yes, sir. Chairman Regalado: OK. I have an appointment. Alan Morley. I'll defer then the other appointment. So there is a motion for all these appointments and a second. Who -- Vice Chairman Winton: Second. Chairman Regalado: It's been moved by Commissioner Teele and seconded by Commissioner Winton. All in favor, say "aye." The Commission (Collectively): Aye. 191 March 14, 2002 • 0 The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 02-314 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None 192 March 14, 2002 0 39. DEFER CONSIDERATION OF PROPOSED COMMISSION -AT -LARGE APPOINTMENTS OF MEMBERS OF BOARD OF TRUSTEES OF FIRE FIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST; MANAGER TO EXPLAIN WHY ONLY ONE NAME WAS SUBMITTED FOR EACH CATEGORY INSTEAD OF SIX NAMES AS REQUIRED PER CITY CODE. Chairman Regalado: City of Miami Firefighters' and Police Officers' Retirement Trust. The names of Robert Williams and Marshall Barry, Commission at Large have been offered. Do we have a motion? This is Item 19. Vice Chairman Winton: I'll move for the purpose of discussion. Commissioner Teele: Trooper Sanchez? Commissioner Gonzalez: I second for discussion. Chairman Regalado: It's been moved and seconded for discussion. Discussion. Vice Chairman Winton. I guess I want to understand which -- There's four categories here. One trustee selected by the Manager, two by Firefighters, two by Police and four selected by City Commission. And which of those four categories are these two supposed to be fitting into? Carlos Gimenez (City Manager): I'll get you the answer now. I think these probably are the ones that are Commission. But there are rules required on that. Al Cotera: Commissioner Winton, Al Cotera, President, Fraternal Order of Police. Those are re- appointments, sir. Those people currently sit on the board. Vice Chairman Winton: Yeah. Well, but under which of these four categories? Mr. Cotera: One is a retired police officer. Vice Chairman Winton: Wait, wait, wait, Al. Mr. Cotera: Robert Williams, retired. Vice Chairman Winton: 1 don't care what his background is. You have -- we have categories here. Priscilla A. Thompson (City Cleric): It's the last category, Commissioner, because those are the ones -- Vice Chairman Winton: It's the last category? Ms. Thompson: Yes. Vice Chairman Winton: But the last category says four trustees selected by the Commission, two of which are selected from a list of six individuals submitted by Firefighters, and two selected from a list of 193 March 14, 2002 six individuals submitted by the FOP (Fraternal Order of Police.) So we don't have a list. We just have two names. Ms. Thompson: Correct. Vice Chairman Winton: So we've got no choice. We're just appointing. And I'm not sure that's what the process calls for here. Mr. Cotera: There was a list included with both of those packages. Vice Chairman Winton: There was? Mr. Cotera: Yes, as traditionally happens. Marshall Barry has been on that board the better part of 18 years. Robert Williams has been on that board the better part of 15 years. Joel Maxwell (Deputy City Attorney): Commissioner, on the cover memo, it says that the Commission at Large is requested to appoint Mr. Barry and Mr. Williams. Vice Chairman Winton: I understand. Mr. Maxwell: So that would be the category from which he's pulling them out. Vice Chairman Winton: I understand. But it says here, under the at large, it says that we're supposed to choose from a list of six. Commissioner Gonzalez: I happen to agree with Commissioner Winton. You ]snow, it says here that we're supposed to get a list of -- Vice Chairman Winton: It sounds like they submitted -- Commissioner Gonzalez: -- candidates, and then from that list, we're supposed to make the appointments. And we don't have the list, so I don't know if we can -- Vice Chairman Winton: Can we go through the list till the next meeting, and then bring it back for the next meeting? Commissioner Gonzalez: I move to defer this to the next meeting. Chairman Regalado: Moved to defer. Is there a second? Vice Chairman Winton: Second. Chairman Regalado: Second. All in favor, say "aye." The Commission (Collectively): Aye. 194 March 14, 2002 0 • Chairman Regalado: It's been deferred to April 11`x'. Mr. Manager or someone will please report to Commissioner Winton and Commissioner Gonzalez the questions that they have. Mr. Gimenez: Yes, sir. Chairman Regalado: I also have the same question. The following motion was introduced by Vice Chairman Winton, who moved for its adoption: MOTION NO. 02-315 A MOTION TO DEFER CONSIDERATION OF PROPOSED COMMISSION -AT -LARGE APPOINTMENTS OF MEMBERS OF THE BOARD OF 'TRUSTEES OF THE CITY OF MIAMI FIRE FIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST TO T14E MEETING CURRENTLY SCHEDULED FOR APRIL 11, 2002; FURTHER DIRECTING THE MANAGER TO EXPLAIN WHY ONLY ONE NAME WAS SUBMITTED FOR EACH CATEGORY INSTEAD OF SIX NAMES AS REQUIRED PER CITY CODE CHAPTER 40, DIVISION 2. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following; vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None 195 March 14, 2002 • • 40. DEFER APPOINTMENTS TO HEALTH FACILITIES AUTHORIT) Chairman Regalado: Item► 20, Commissioner Winton, you have an appointment on the Health Facilities Authority. Vice Chairman Winton: Well, what I really had is a question as to the purpose of this, you know, Health Facility. We don't have any health facilities. We don't have any -- you know, we don't have any money for health facilities. I mean, they're all in the County. Chairman Regalado: No, but you Know what? They approve -- they have to approve all and every bond issue, and they just approved a three hundred million dollar ($300,000,000) bond issue for the Mercy Hospital. Joel Maxwell (Deputy City Attorney): That's correct. Vice Chairnlan Winton: OK. Chairman Regalado: And -- Vice Chairman Winton: OK. 1'11 go find somebody. I don't have anybody right now. Chairman Regalado: Well, it's important, Vice Chairman Winton: 1 got it now. Chairman Regalado: They also approved a project for Pan American Hospital. Vice Chairman Winton: Got it. So I'll find someone. Chairman Regalado: OK. It's been deferred till April 1 It" 196 March 14, 2002 41. APPOINT LUIS CABRERA, GARY RESHEFSI{Y'SONNY ARM13R1STER, MARIANO CRUZ, MANOL.O REYES AS MEMBERS OF HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD. Chairman Regalado: 21. This is important, and this is really important, guys, because this is what the voters wanted. And it's -- 21. is the members by district of the Homeland Defense/Neighborhood Improvement Bond Program Oversight Board. Commissioner Winton, you have two appointments. Commissioner Sanchez has two appointments. Commissioner Teele has two appointments. Commissioner Gonzalez -- Commissioner Gonzdlez: I'm ready to proffer my two names, Mr. Chairman. Chairman Regalado: Go ahead, sir. Commissioner Gonzalez: Mariano Cruz and Manolo Reyes. Both of them are City o1'Miarni residents. Chairman Regalado: Mariano Cruz. This is the Homeland Oversight Board, the Homeland and Neighborhood Association. Vice Chairman Winton: Second. Chairman Regalado: Mariano Cruz and Manolo Reyes. I was going to appoint Manolo Reyes, because he lives in my district. But I feel that it's important that he is there, anyways. So thank you very much. Commissioner Winton, you have two appointments. Vice Chairman Winton: I'm still wrestling with my thoughts here. Chairman Regalado: OK. Commissioner Sanchez -- Commissioner Teele: I would like to ask one question on this. How did we resolve the issue of that Parks Advisory Board'? They came down and made sonic -- Carlos Gimencz (City Manager): They requested -- Commissioner Teele: Based on the master plan issue -- Mr. Gimenez: They requested that some of their members be appointed to this, because the majority of the moncy for the bond issue is actually related to parks. Commissioner Teele: Do we have a list of that committee? I mean, what they came down and I think they requested is that we individually -- and, of course, the Mayor has got four or five appointments -- consider appointing some members of the -- Chairman Regalado: Parks Advisory Board. Commissioner Teele: -- Parks Advisory Board. 197 March 14, 2002 Chairman Regalado: Well, there are elected members, Commissioner, and appointed members. Each of the district elected -- Commissioner Teele: No, I just need to see a list so that I can help, because I think we ought to at least give some deference to their -- I mean, I'm willing to give some deference. Everybody -- Chairman Regalado: I can tell you, I can tell you that -- my appointment. I can -- Commissioner Teele, I can tell you, for instance, my appointment is Carlos Arboleya. My elected member is Paul Bebesa. Commissioner Teele: I don't think I'm going to be appointing your members. I'm trying to get mine. Chairman Regalado: No, I understand that. But I'm just saying that I -- Commissioner Teele: Thank you for the courtesy, sir. Chairman Regalado: You're welcome. Commissioner Sanchez: I would defer mine at this time. Chairman Regalado: Anyway -- Commissioner Teele: I would appoint Sonny Armbrister. He is a member of the committee. Does he come to meetings, Mr. Director`? Albert Ruder (Director, Parks and Recreation): Sonny Armbrister is a member of the board. I think he's your appointee, yes. Commissioner Teele: Yeah, but does he come to the board meetings'? Mr. Ruder: Yes, he does. He comes. Commissioner Tecle: Is he diligent and faithful? Mr. Ruder: Yes, yes. Commissioner Teele: And he's -- Mr. Ruder: He's a good member. Commissioner Teele: He's a great citizen in our community, too. I will appoint Mr. Sonny Armbrister. Even Ms. Range has given her approval by a nod on Mr. Armbrister. He's been blessed. I would move Mr. Armbrister as one of my two appointments, noting that he is a member of the Parks Advisory Board. And I think we should note the Park members. Vice Chairman Winton: And I'm going to move Gary Reshefsky as one of mine. 198 March 14, 2002 Chairman Regalado: Commissioner Sanchez? Commissioner Sanchez: At this time, I'll defer till the next Commission meeting. Chairman Regalado: OK, next Commission meeting. My appointments are Luis Cabrera. Commissioner Teele: And? Chairman Regalado: And I will defer the other one for April I It". So these are the motions. Do we have a motion and a second for all these members of the -- Vice Chairman Winton: So moved. Commissioner Teele: Second. Chairman Regalado: It's been moved and seconded. All in favor, say "aye." The Commission (Collectively): Aye. The following resolLition was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-316 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner GonzAlez, the resolution was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None Commissioner Teele: Mr. Chairman. 199 March 14, 2002 Chairman Regalado: Yes, sir. Commissioner Teele: I would also move that the Clerk be instructed -- Ms. Haskins -- that the Cleric be instructed to forward a transcript of Mr, Greg Bush's comments for the consideration by the Mayor of his comments in malting his -- in considering his recommendations. I would instruct you, Madam Cleric. Chairman Regalado: You don't need a motion for that. The City Cleric has been already instructed. 200 March 14, 2002 42. APPOINT IRMA SOLARES AS MEMBER OF INTERNATIONAL TRADE BOARD (ITB) Chairman Regalado; Item 22, International Trade Board. Commissioner Gonzalez, you have two appointments, sir. Commissioner Gonzalez: I'm ready to make one appointment now. I'm going to defer the other one for the next meeting. Irma Solares. Chairman Regalado: Do we have a motion and a second? Vice Chairman Winton: Second. Chairman Regalado: It's been moved and seconded. All in favor, say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 02-317 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE INTERNATIONAL TRADE BOARD (ITB) FOR A TERM AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None 201 March 14, 2002 43. APPOINT MARIANE SALAZAR, SAM GENTRY AND MARI'T'ZA GUTIERREZ AS MEMBERS OF MIAMI SPORTS AND EXHIBITION AUTHORITY (MSEA). Chairman Regalado: Commissioner Winton, two appointments for Miami Sports and Exhibition Authority, MSEA. Vice Chairman Winton: Well, .1'm going to appoint Mariane Salazar. Chairman Regalado: Mariane Salazar, sir. Thank you. Vice Chairman Winton: And Sam Gentry. Chairman Regalado: And? Vice Chairman Winton: Sam Gentry. Chairman Regaiado: Sam Gentry. I will re -appoint Maritza Gutierrez. -- MSEA. You don't need to appoint anybody. Maritza Gutierrez, and she needs a residency waiver. So it's been moved and do we have a second for all these appointments`? Commissioner Gonzalez: Second. Chairman Regalado: It's been moved and seconded. All in favor, say "aye." The Commission (Collectively): Aye. 202 March 14, 2002 • The Following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO, 02-315 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAM_1 SPORTS AND EX141BITION AUTHORITY ("MSEA") FOR TERMS AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Tecle, Jr. Vice Chairman Johnny L. Winton Chairman "comas Regalado NAYS: None ABSENT: None Chairman Regalado: Item 24 -- Joel Maxwell (Deputy City Attorney): That includes the waiver, Commissioner. That vote, as you pointed out, includes the waiver. Chairman Regalado: Includes the waiver, yes. Vice Chairman Winton: Correct. Mr. Maxwell: That's for the Clerk. 203 March 14, 2002 44. DEFER APPOINTMENTS TO OCCUPATIONAL LICENSE EQUITY STUDY COMMISSION. Chairman Regalado: Item 24. 1 don't know, but, Commissioner Winton, I remember that you said something about the Occupational License Equity Study Commission. Dict you create this, or you want to abolish:? I -- Joel Maxwell (Deputy City Attorney): No, no. This is a committee that's necessary by statute, if the City wants to revise its occupational license schedule. It's a condition precedent to increasing the occupational licenses in the City. Vice Chairman Winton: How about to decreasing? Mr. Maxwell: Same thing. Anything you do has to come out of this committee. It's required under Florida law. Vice Chairman Winton: OK. I'll find somebody. Mr. Maxwell: Now, the thing is the clock is running on this if you want to do something, and you want to do it by October I", when the new schedule goes into effect. Vice Chairman Winton: Well, I think the Manager needs to -- We don't know that we want to do something. He might be telling us he wants to do something. Chairman Regalado: Well, he would probably recommend people that would recommend to raise it. Vice Chairman Winton: You're right. Chairman Regalado: But we want to have people that recommend decrease the occupational license. Mr. Maxwetl: That's tine. Just so that you know that. Vice Chairman Winton: I know a number of people that would like to get rid of it. Chairman Regalado: April 11`x' OK with you for appointments. 204 March 14, 2002 45. APPOINT MAX CRUZ, MARITZA GUTIERREZ AND VANESA ACOSTA AS MEMBERS OF ORANGE BOWL ADVISORY BOARD. Chairman Regalado: The Orange Bowl Advisory Board. Commissioner Teele has two appointments. Commissioner Teele: I'd like to pass on mine. Chairman Regalado: Commissioner Gonzdlez has one appointment. Commissioner Gonzalez: Vanesa Acosta. Chairman Regalado: Vanesa Acosta. Vice Chairman Winton has one appointment. Vice Chairman Winton: I pass. Chairman Regalado: Deferred. Mayor Diaz has asked to be deferred on this item. I have two appointments. The appointments are Max Cruz and Maritza Gutierrez. Vice Chairman Winton: So move all of the nominees. Commissioner Teele: Second. Chairman Regalado: It needs a -- on the case of Maritza Gutierrez, it needs a residency waiver. Commissioner Sanchez: So move. Commissioner Gonzdlez: Second. Vice Chairman Winton: So move the slate and the residence requirement. Chairman Regalado: OK. It's been moved and seconded. All in favor, say "aye." The Commission (Collectively): Aye. 205 March 14, 2002 F-1 LJ The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-319 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ORANGE BOWL ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E, Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None 206 March 14, 2002 • 46. APPOINT MILAGROS LOYAL AS MEMBER OF PARKS ADVISORY BOARD. APPOINT MAUDE NEWBOLD AS MEMBER OF VIRGINIA KEY BEACH PARK TRUST. APPOINT MONTY TRAINER AS MEMBER OF COCONUT GROVE FESTIVAL COMMITTEE. APPOINT OFELIA PARAJON AS MEMBER OF LITTLE HAVANA FESTIVAL COMMITTEE. Chairman Regalado: Commissioner Gonzalez has some appointments and you need to tell us when -- it's a long list. Commissioner Gonzalez: I'm ready to make some of those right now. Go ahead, sir. Community Technology Advisory Board, that I'm going to defer. Latin Quarter Review, Maria del Carmen Castellanos. Chairman Regalado: You are aware that Commissioner Sanchez is asking for that committee to be disbanded? Commissioner Gonzalez: What do you want me to do, Commissioner? Make appointments now, or defer? Defer'? Commissioner Sanchez: Well, go ahead and make the appointment. But let me joist say, they haven't had a quorum in god knows how long. We've had three major developers going in front of that board, and it's an embarrassment when they're not there to the board, to the City, and it's costing these developers money, and time, and I basically have had enough. Commissioner Gonzalez: OK. So what I'm going to do, Mr. Chairman, I'm going to defer this appointment until Commissioner Sanchez decides what to do with this board. Park Advisory Board, Milagros Loyal; Virginia Key Beach Park, Maude Newbold. Miami Audit Advisory, I'm going to defer. Boards Review Committee, I'm going to defer. Let me see. Coconut Grove Festival, Monty Trainer is going to be my appointment. And Little .Havana Festival, Ofelia Parajon. And the rest of the appointments, I'm going to work on it for next -- for the next meeting. So we have -- Chairman Regalado: We have a motion. Vice Chairman Winton: And second the motion. Chairman Regalado: We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. 207 March 14, 2002 r� • The following resolutions were introduced by Commissioner Gonzalez, who moved for their adoption: RESOLUTION NO. 02-320 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A REGULAR MEMBER OF THE PARKS ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. RESOLUTION NO. 02-320.1 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE VIRGINIA KEY BEACH TRUST FOR A TERM AS DESIGNATED HEREIN. RESOLUTION NO, 02-320.2 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE COCONUT GROVE FESTIVAL COMMITTEE FOR A TERM AS DESIGNATED Hl, --REIN. RESOLUTION NO. 02-320.3 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE LITTLE HAVANA FESTIVAL COMMITTEE FOR A TERM AS DESIGNATED HEREIN. (Here follows body of resolutions, omitted here and on file in the Office of the City Cleric.) Upon beim; seconded by Vice Chainnan Winton, the resolutions were passed and adopted by the following vote: AYES: Commissioner Angel Gonzdlaz Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None 208 March 14, 2002 47. APPROVE REVISED CITY LOCAL HOUSING ASSISTANCE PLAN FOR CONTINUED PARTICIPATION OF CITY IN FLORIDAQ STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM (See #'s b and 27). Chairman Regalado: OK. We need to do, before Johnny leaves, we need to go back to Community Development, 5-C. Commissioner Gonziilez: Again? Chairman Regalado: 5-C was deferred to this meeting, and it's about -- it's a resolution. It's about the local housing assistance plan. Vice Chairman Winton: So move. So move. Chairman Regalado: It was deferred by Commissioner Teele. I don't ]snow if Commissioner -- Commissioner Tecic, you have an issue on this'? (NO AUDIBLE RESPONSE) Chairman Regatado: It's been moved by Vice Chairman Winton. We would need a second. And it was deferred last -- last -- Commissioner Teele, you have any -- Commissioner Teele: Any what? Chairman Regalado: Any comments on 5-C? It was deferred by you last week to be heard today. I'll show it to you. Here. Commissioner Teeie: Is this the item for the SHIP (State Housing Initiatives Partnership) funds`? Dan Fernandes (Assistant Director, Community Development): Yes, sir. This is just submission of the Local Housing Plan to the State of Florida. It's to amend the guidelines that were approved at last Commission for the single-family rehab program. Commissioner Teele: And has this been published and circulated among the SHIP -- the people who are in this program, this -- Do we have comments? And has this gone before -- What are the organizations? Like Gay Houise and Pinnacle and -- Mr. Fernandes: No, Commissioner. This is the single-family rehab program. This is the guidelines. We've changed the limits to twenty-five thousand dollars ($25,000), zero to three percent loan. Commissioner Teele: Oh, yeah, OK. I would -- Mr. Fernandes: So it has nothing to do with the other programs. 209 March 14, 2002 • 0 Vice Chairman Winton: And we moved to make it every -- all of those categories there a loan, as opposed to a grant. Mr. Fernandes: Correct. Commissioner Teele: But some of them are zero interest. Vice Chairman Winton: That's correct. Mr. Fernandes: Correct. Commissioner Teele: If they're older people, there's zero interest. Vice Chairman Winton: That's right. Commissioner Teele: Which means they don't have to pay anything. Vice Chairman Winton: Right. Commissioner Teele: OK. Mr. Fernandes: So we also added an emergency program to that, as per Commissioner Gonzalez, also. Commissioner Gonzalez: It does approve the emergency -- Mr. Fernandes: Yes, sir, also. Commissioner Gonzdlez: -- tip to fifteen thousand dollars ($15,000). Mr. Fernandes: Correct. Correct. Commissioner Teele: So move, Mr. Chairman. Vice Chairman Winton: And it's so moved on the revised guidelines that we approved at the last Commission meeting. Commissioner Teele: Thank you. Commissioner Gonzalez: I'll second. Chairman Regalado: "]'here is a motion and a second. All in favor, say "aye," The Commission (Collectively): Aye. 210 Mauch 14, 2002 The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-321 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S), APPROVING THE REVISED CITY OF MIAMI LOCAL HOUSING ASSISTANCE PLAN (THE "PLAN"), ATTACHED AND INCORPORATED, FOR THE PERIOD OF JULY 1, 2001 THROUGH .TUNE 30, 2004, FOR THE CONTINUED PARTICIPATION OF THE CITY IN THE FLORIDA STATE HOUSING INITIATIVES PARTNERSHIP ("SHIP") PROGRAM; AUTHORIZING THE CITY MANAGER TO SUBMIT A MODIFIED PLAN FOR REVIEW AND APPROVAL BY THE FLORIDA HOUSING FINANCE CORPORATION; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE TERMS AND CONDITIONS OF THE SHIP PROGRAM AND THE PLAN; ESTABLISHING THE ACTIVITIES TO BE IMPLEMENTED BY THE PLAN AND INCREASING THE ADMINISTRATIVE COSTS FOR THE SHIP PROGRAM FROM FIVE TO TEN PERCENT AND MAKING CERTAIN FINDINGS. (Here follows body of resolution, omitted here and on file in the Office of the City Cleric.) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None 211 March 14, 2002 • 48. TABLED: PROPOSED APPROVAL IN PRINCIPLE, COMMITMENT FOR SPONSORSHIP OF VIRGINIA KEY SHORELINE STABILIZATION PROJECT (See #60). Chairman Regalado: OK. We are going now to the blue pages and then to the pocket items. Commissioner Teele: Mr. Chairman -- Chairman Regalado: Commissioner Winton -- Commissioner Teele: Mr. Chairman, as a courtesy to Ms. Range, I think we should take that item up. Chairman Regalado: Which one? Commissioner Teele: What item is that, Mr. Ruder, that she's here on? Alejandro Vilarello (City Attorney): Commissioner, we're still working on the resolution. We'll have it ready shortly, on Ms. Range's behalf. Commissioner Teele: Thank you very much. I understand it's a pocket item for me, but 1 realize Ms. Range is called upon to be everywhere. And I don't want to inconvenience you, but we'll get right to it, ma'am. Thank you, Mr. Chairman. 212 March 14, 2002 u L� 49. APPROVE MANAGER'S ACCEPTANCE OF DONATION FROM. KENNEDY DOG PARK FOUNDATION OF ENGRAVED CHICAGO BRICKS FOR INSTALLATION OF PATHWAY FOR DOG PARK LOCATED AT KENNEDY PARK. Chairman Regalado: OK. We have several items still left, and pocket items. Commissioner Gonzalez, do you have any on your blue page that you want to do? Commissioner Gonzalez: No, I don't have anything. Chairman Regalado: OK. Commissioner Winton -- Vice Chairman Winton: No. Chairman Regalado: -- before you leave, do you have any pocket items? Vice Chairman Winton: Yes. Chairman Regalado: Go ahead, sir. Vice Chairman Winton: I have a dog park deal. Chairman Regalado: Dog? Oh, I thought you had a (UNINTELLIGIBLE). Vice Chairman Winton: I have a resolution. City of Miami Commission approving the City Manager's acceptance of a donation from the Kennedy Dog Park Foundation of engraved Chicago bricks for the installation of a pathway of the dog park located in Kennedy Park, authorizing the City Manager of the City to execute all necessary documents in a form acceptable to the City Attorney for said purpose. So move. Commissioner Gonzalez: Second. Chairman Regalado: There is a motion and a second to accept the donation. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. 213 March 14, 2002 The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-322 A RESOLUTION OF THE MIAMI CITY COMMISSION RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S ACCEPTANCE OF THE DONATION OF ENGRAVED CHICAGO BRICKS FROM THE KENNEDY DOG PARK FOUNDATION FOR THE INSTALLATION OF A PATHWAY FOR THE DOG PARK LOCATED AT KENNEDY PARK; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzdlez, the resolution was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: Norse ABSENT: None 214 March 14, 2002 50. AUTHORIZE MANAGER TO APPLY FOR AND ACCEPT GRANT FUNDS FROM FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM, $41,600 FOR CLEAN-UP OF CITY'S WATERWAYS INCLUDING BASIN AT MIAMARINA, AT BAYSIDE AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE; FURTHER AUTHORIZING THE ALLOCATION OF MATCHING FUNDS IN THE AMOUNT OF $41,600 FROM STORM WATER UTILITY FEES. Vice Chairman Winton: And another motion accepting grants of matching fiends for City waterways clean-up. And these are FIND (Florida Inland Navigation District) dollars, forty-one thousand, six hundred dollars ($41,600) from the FIND Program. So move. Commissioner Gonzalez: Second. Chairman Regalado: It's been moved and seconded. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. 215 March 14, 2002 • • The following resolution was introdUCed by Vice Chairman Winton, who moved For its adoption: RESOLUTION NO, 02-323 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND") WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO EXCEED $41,600, FOR THE CLEAN-UP OF THE CITY'S WATERWAYS, INCLUDING THE BASIN AT MIAMARINA AT BAYSIDE; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT WHEN AWARDED, SUBJECT TO CERTAIN TERMS AND CONDITIONS, AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $41,600, FROM STORM WATER UTILITY FEES AS THE CITY'S REQUIRED MATCHING FUNDS FOR AWARD OF THE GRANT. (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: Commissioner Angel Gonzitez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman 'Tomas Regalado NAYS: None ABSENT: None 216 March 14, 2002 51, DEFER CONSIDERATION OF UPDATE ON ECONOMIC IMPACT OF REVERSAL OF DIRECTION OF S.W. 8"r STREET AND UPDATE ON 13"r AVENUE CUBAN MEMORIAL DRIVE PROMENADE PROJECT. Chairman Regalado: Commissioner Gonzdlez, do you have pocket items? Commissioner Gonzdlez: No, sir, I don't. Chairman Regalado: Commissioner Sanchez, you have still two items to go on your blue page, plus pocket items. You have the economic impact of the reversal of direction of Southwest 8'1' Street and Cuban Memorial Drive Promenade. Commissioner Sanchez: OK. I'll go ahead and defer both of my Commissioner items for the next Commission meeting. I had them put on the agenda the economic impact of the rcversLJ of direction of S"' Street, and also a discussion concerning an update on the 13`x' Avenue Cuban Memorial Drive Promenade project. Those two items l asked to be deferred. Commissioner Gonzalez: Second the deferral. Commissioner Sanchez: OK. Chairman Regalado: It's been moved and seconded to defer to April 11. All in favor, say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 02-324 A MOTION TO DEFER CONSIDERATION OF UPDATE ON THE ECONOMIC IMPACT OF THE REVERSAL OF THE DIRECTION OF S W S'" STREET AND UPDATE ON THE 13"" AVENUE CUBAN MEMORIAL DRIVE PROMENADE PROJECT TO THE MEETING CURRENTLY SCHEDULED FOR APRIL 11, 2002, Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Chairman Tomas Regalado NAYS: None ABSENT: Vice Chairman Johnny L. Winton 217 March 14, 2002 • • 52. APPROVE PLACEMENT OF BANNERS ON LIGHT POLES LOCATED WITHIN CITY THOROUGHFARES FOR KRISTI HOUSE'S PUBLIC EDUCATION AND AWARENESS CAMPAIGN DURING APRIL WHICH IS CHILD ABUSE PREVENTION MONTH. Commissioner Sanchez: I have a pocket item, Mr. Chairman. I have a pocket item respectfully requesting the City Commission consider co-sponsorship of the Kristi House Light Pole Banner. April is Child Abuse Prevention Month, and Kristi House will be conducting a public education awareness campaign throughout the month. Therefore, I move to allow thein to place banners in our City limits. So move. Commissioner Gonzalez: Second. Chairman Regalado: It's been moved and seconded, banners for Kristi House. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 02-325 A MOTION APPROVING PLACEMENT OF BANNERS ON LIGHT POLES LOCATED WITHIN THE CITY OF MIAMI THOROUGHFARES FOR KRISTI HOUSE'S PUBLIC EDUCATION AND AWARENESS CAMPAIGN DURING THE MONTH OF APRIL, WHICH IS CHILD ABUSE PREVENTION MONTH. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Chairman Tomas Regalado NAYS: None ABSENT: Vice Chairman Johnny L. Winton 218 March 14, 2002 53. AUTHORIZE ALLOCATION OF $56,406 TO DADE COUNTY ASSOCIATION OF CHIEFS OF POLICE, COURT OVERTIME REDUCTION PROJECT; ALLOCATE FUNDS FROM LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG) VI PROGRAM. Commissioner Sanchez: Also a pocket item. l respectfully request that the Commission consider adopting a resolution authorizing funding in the amount not -- in the amount of fifty-six thousand, four hundred six dollars ($56,406) from the Local Law Enforcement Block Grant VI Program to the Dade County Association of Chiefs of Police, Court Overtime Reduction Program. The Police Department has implemented several initiatives to curb expenditures of court overtime, which we've all complained about. This program has reduced the total amount of overtime from two million in 1997 to almost nine hundred and thirty-three thousand in the year 2001. So move. Commissioner Gonzdlez: Second. Chairman Regalado: It's been moved and seconded. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 02-326 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $56,406.00, TO THE DADE COUNTY ASSOCIATION OF CHIEFS OF POLICE, COURT OVERTIME REDUCTION PROJECT; ALLOCATING FUNDS FROM THE LOCAL LAW ENFORCEMENT BLOCK GRANT VI PROGRAM, ACCOUNT CODE NO. 142023.290537.6.270. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Chairman Tomas Regalado NAYS: None ABSENT: Vice Chairman Johnny L. Winton 219 March 14, 2002 54. AUTHORIZE CITY TO CO-SPONSOR ANY EVENTS ASSOCIATED WITH CENTENNIAL OF CUBA'S INDEPENDENCE FROM SPAIN SPONSORED BY CUBAN CENTENNIAL COMMITTEE. Chairman Regalado: I have a -- Commissioner Teele, do you have pocket items, or do you wish to wait for your resolution? (INAUDIBLE COMMENT) Chairman Regalado: OIC. I just have two -- actually three items here on the blue page, and pocket items. I have a discussion about sponsoring the Centennial of Cuba's independence. And let me tell you briefly. On May of this year, there will be 100 years of Cuba's independence from Spain. There is a Centennial Committee in the City of Miami, and it's scheduled to do several projects from now to the end of the year, but especially in the month of May. My motion will be that the City will sponsor any and all events of the Centennial Committee to commemorate the 100`1' anniversary of the independence of Cuba. Commissioner Gonzalez: I'll second your motion, Mr. Chairman. Chairman Regalado: Thank you, sir. Commissioner Gonzalez: My honor to do that. Chairman Regalado: So, Commissioner Teele, I'm doing a motion -- if I -- (INAUDIBLE COMMENT) Chairman Regalado: No. If I can move that motion, if you'd allow me. Commissioner Teele: Yes, sir. Chairman Regalado: I j ust moved a motion -- Commissioner Teele: Moved and seconded. All those in favor, signify by the sign of "aye." The Commission (Collectively): Aye. Commissioner Teele: Those opposed have the same right. 220 March 14, 2002 • The following motion was introduced by Chairman Regalado, who moved for its adoption: MOTION NO. 02-327 A MOTION AUTHORIZING THE CITY TO CO-SPONSOR ANY AND ALL EVENTS ASSOCIATED WITH THE CENTENNIAL OF CUBA'S INDEPENDENCE FROM SPAIN SPONSORED BY THE CUBAN CENTENNIAL COMMITTEE. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Chairman Tomas Regalado NAYS: None ABSENT: Vice Chairman Johnny L. Winton 221 March 14, 2002 C. • 55. AMEND RESOLUTION 02-257 ACCEPTING $1,250,000 GRANT FROM SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR DRAINAGE SYSTEM AND FLOOD MITIGATION PROJECT fN FLAGAMI NEIGHBORHOOD, TO INCLUDE $6,230,000 MATCHING FUNDS CONTINGENT UPON RECEIVING FUNDS FROM FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) 404 HAZARD MITIGATION PROGRAM. Chairman Regalado: Commissioner, I have also something that we did last week. It's funds for -- from FEMA (Federal Emergency Management Agency) for -- we missed some money, some matching fiends, matching funds from FEMA. So we need to move this resolution amending Resolution Number 02-257, accepting a grant from the South Florida Water Management District. So L move this for the flood litigation. Commissioner Sanchez: Second. Chairman Regalado: It's been -- 1 moved it. He seconded. Commissioner Teele: Moved and seconded. All those -- is there unreadiness? All those in favor, signify by the sign of "aye." The Commission (Collectively). Aye. Commissioner Teele: All those opposed have the same right. Chairman Regalado: Thank you. The following resolution was introduced by Chairman Regalado, who moved for its adoption: RESOLUTION NO. 02-328 A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTLON NO. 02-257, ADOPTED MARCH 7, 2002, WHICH AUTHORIZED THE CITY MANAGER TO ACCEPT A GRANT FROM THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR A DRAINAGE SYSTEM AND FLOOD MITIGATION PROJECT IN THE FLAGAMI NEIGHBORHOOD BY AUTHORIZING THE ACCEPTANCE OF ADDITIONAL FUNDS, IN THE AMOUNT OF $6,230,000, CONTINGENT UPON RECEIPT OF SUCH FUNDS FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY ("FEMA") 404 HAZARD MITIGATION PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 222 March 14, 2002 Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Commissioner Angel Gonzdlez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Chairn-kan Tomas Regalado NAYS: None ABSENT: Vice Chairman Johnny L. Winton 223 March 14, 2002 56. SUPPORT GRAND PRIX AMERICAS' CAR RACE IN DOWNTOWN MIAM.t, ORIGINALLY SCHEDULED TO TAKE PLACE APRIL 5-7, 2002, TO NOW BE HELD OCTOBER 4-6, 2002, AND ADDITION OF CHAMPION AUTO RACING TEAM, INC. (CART), AS PARTICIPANT IN GRAND PRIX AMERICAS. Commissioner Tcele: further items, Mr. Chairman? Chairman Regalado: I have one, and it's a resolution that has to do with the races. It's a resolution to support the Grand Prix of America, and to salute CART (Champion Auto Racing Team) for the decision of coming to the City of Miami, and to show the support, that the City of Miami Commission resolves to support the change of dates and for the Grand Prix of America, and the addition of CART. Commissioner Sanchez: Second. Chairman Regalado: And there is a motion and a second. Commissioner Teele: It's moved and seconded, Mr. Chairman. Discrrssion? Chairman Regalado: Yes, sir. Commissioner Teele: Discussion. Any discussion on this item? Does the motion also require that the Clerk transmit a copy of the resolution to -- Chairman Regalado: Yes, sir, to entities, to the promoters and to CART, Champion Auto Racing "learn, Inc. Commissioner Teele: On the motion, all those in favor, signify by the sign of "aye." The Commission (Collectively): Aye. Commissioner Teele: Those opposed have the same right. 224 March 14, 2002 • • The following resolution was introduced by Chairman Tomas Rcgalado, who moved for its adoption: RESOLUTION NO, 02-329 A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING THE GRAND PRIX AMERICAS' CAR RACE SCHEDULED FOR OCTOBER 4 THROUGH G, 2002, 1N DOWNTOWN MIAMI AND APPROVING THE INCLUSION OF CHAMPION AUTO RACING TEAM, INC. ("CART"), A PUBLICLY HELD COMPANY THAT OWNS, OPERATES AND MARKETS THE CART FEDEX CHAMPIONSHIP SERIES, AS A PARTICIPANT IN THE GRAND PRIX AMERICAS' CAR RACE; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO TIIE CAR RACE PROMOTERS OF RECORD AND CART. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Commissioner Angel Gonzdlez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Chairman Tomas Regalado NAYS: None ABSENT: Vice Chairman Johnny L. Winton 225 March 14, 2002 57. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVE ACQUISITION OF ROOF REPAIRS AT JAMES L. KNIGHT CENTER FOR DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES FROM MURTON ROOFING CORPORATION, $24,000; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECTS, Commissioner Tecle: Motion to reconsider number -- (INAUDIBLE COMMENT) Commissioner Tecle: What's 8'? Commissioner Sanchez,: It was the -- Carlos Gimenez (City Manager): Item Number 8 is -- Commissioner Sanchez: Ratifying the repairs on the roof of the James L. Knight Center, Commissioner Teele: All right. Hold on one minute. Mr. Chairman, you've got the floor. Were there other matters'? Chairman Regalado: No. I'm done here. So we go back to the original agenda. And on 8, it was -- it didn't get a four/fifths vote. Commissioner Teele wasn't here. Commissioner, this -- the fact that we are doing this is because you weren't here, and it was a no vote, so it didn't get a four/fifths vote. Actually, technically, Mr. City Attorney -- Alejandro Vilarello (City Attorney): It's no action. Chairman Regalado: Yeah. But are we talking of a four/fifths of the people present, or four/fifths of the members of the Commission? Mr. Vilarello: Four/fifths of the members. Commissioner Sanchez: It's ratifying. I move Item 8. Chairman Regalado: OK. Commissioner Gonzitlez: Second. Chairman Regalado: It's been moved and seconded. All in favor, say "aye." The Commission (Collectively): Aye. 226 March 14, 2002 • • The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 02-330 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 ROOF REPAIRS AT THE JAMES L. KNIGHT CENTER FOR THE DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES FROM MURTON ROOFING CORPORATION, IN AN AMOUNT NOT TO EXCEED $24,000; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECTS, ACCOUNT CODE NO. 325010.359301.860. (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: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Chairman Tornas Regalado NAYS: None ABSENT: Vice Chairman Johnny L. Winton 227 March 14, 2002 58. AMEND RESOLUTION 02-233 WHICH HAD SCHEDULED SPECIAL COMMISSION MEETING ON WEDNESDAY, MARCH 27, 2002, BEGINNING 2 P.M., FOR PURPOSE OF CONSIDERING PENDING LABOR UNION CONTRACTS; INCLUDE IN CALL OF MEETING DISCUSSION REGARDING LITIGATION BETWEEN CITY AND HOMESTEAD -MIAMI SPEEDWAY LLC AND ANY POTENTIAL REFORM CONTRACT BETWEEN CITY AND RACEWORKS, LLC AND FIRST READING Ordinance RELATING TO PRO LOCATED AT 1240 NORTHWEST 4""' STREET (See #69). Chairman Regalado: Commission, we have two things. We have to announce and extend the special meeting of the 27`x'. The City Attorney needs to place one item and the Administration needs to place another item. So we need to legislate on the 27`x" the special meeting of the 27`x' that was convened only for the purpose of the union contracts. Mr. City Attorney, Alejandro Vilarello (City Attorney): Yes. I was going to request that the City Commission include in its special call on the March 27`}' meeting a discussion item with regard to the litigation between the City of Miami and Homestead Speedway, and also consider any potential reformed contract between the City and Raceworks, LLC. Commissioner Teele: I would so move that that item be added to the call. Is there another item? Carlos Gimenez (City Manager): Yes, sir. Chairman Regalado: Yes, there is another item. It's a PZ (Planning and Zoning) item. Mr. Manager. Mr. Gimenez: Yes, sir. It's a PZ item that's kind of time sensitive. It's reference the 1240 Northwest 4"' Street. It's the first reading of -- and it should be marked as PZ -1 for that date. Commissioner Teele: I would so move, Mr. Chairman, that the two items be included as one motion, and that the call be expanded to include those, with the Clerk being so instructed, of course, to provide written notice to the public of all of the items that are in the call. Commissioner Sanchez: Second. Chairman Regalado: It's been moved and seconded. All in favor, say "aye." The Commission (Collectively): Aye. 228 March 14, 2002 • • The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 02-331 A MOTION AMENDING RESOLUTION 02-233 WHICH HAD SCHEDULED A SPECIAL CITY COMMISSION MEETING ON WEDNESDAY, MARCH 27, 2002, BEGINNING 2 P.M., FOR THE PURPOSE OF CONSIDERING PENDING LABOR UNION CONTRACTS; FURTHER INCLUDING IN THE CALL OF THE MEETING A DISCUSSION REGARDING LITIGATION BETWEEN THE CITY OF MIAMI AND HOMESTEAD -MIAMI SPEEDWAY, LLC AND ANY POTENTIAL REFORM CONTRACT BETWEEN THE CITY AND RACEWORKS, LLC AND A FIRST READING ORDINANCE RELATING TO PROPERTY LOCATED AT APPROXIMATELY 1240 NORTHWEST 4""' STREET. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Commissioner Angel Gonzilcz Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Chairman Tomas Regalado NAYS: None ABSENT: Vice Chairman Johnny L. Winton 229 March 14, 2002 59. URGE FLORIDA LEGISLATURE TO DEFEAT PROPOSED HOUSE BELL 715 (HB 715) AND SENATE BILL 758 (SB 758) WHICH, IF ADOPTED, WILL DEPRIVE LOCAL GOVERNMENTS OF RIGHT TO REGULATE BILLBOARDS BY REMOVING EXISTING MECHANISMS AVAILABLE FOR CONTROL OF AND COMPENSATION TO OWNERS OF NON -CONFORMING BILLBOARDS (See 472). _ Com inissioner Teele: Mr. Chairman, bel:ore we do, I think we're getting close on Ms. Range's item, but there is one item, Mr. Manager, Mr. Attorney, that I think is probably the most important issue, and it hasn't gotten a -- I don't know where we are. We've got a billboard problem. And I think we ought to reserve about five minutes -- Is Commissioner Winton gone? Chairman Regalado: Yes, he is. He's gone. Commissioner Teele: Well, I don't think there's any question that what's going on in Tallahassee now, with the House bill clearing and passing, and going over to the Senate. That needs to be at least put on the record. And I'm prepared to move at the appropriate time that the Manager and the Attorney are requested and instructed to assemble the appropriate staff, and coordinate with the Commission and the Mayor, as you deem appropriate, to take whatever steps are necessary -- and in the words of Malcolm, by all means necessary -- to prevent the billboard industry from literally putting this Commission and the City of Miami out of business in our ability to regulate them. And, Mr. Attorney, the bill that they have passed would, in face, pre-empt, and would require that we pay millions -- tens of millions of dollars if we do anything to the industry. So you need to put this on the record if I'm correct. Alejandro Vilarello (City Attorney): That's correct, Commissioner. The House bill that was adopted this Monday in Tallahassee essentially outlaws as a method of compensation an amortization period to any signs which are prohibited by regulation or required to be removed by a municipality. What that means is several courts in this State and across the country have accepted that if a municipality requires by regulation that a sign, a billboard is to be removed that an appropriate method of compensation is simply to allow the owner of that sign to amortize the value in that sign over a period of years. In fact, the City did that in 1990 with regard to billboards in the C -I districts of the City. That amortization period was a five-year amortization period, which, of course, has expired. The law -- the bill that was adopted by the House would require -- would allow all legally erected signs to remain, but would not address or would not permit the removal of non -conforming signs, which were made non -conforming by regulation, and the amortization period has expired. That bill is different than a Senate bill that is currently presented that we believe that that House bill will be amended into the Senate bill, allowing, when they are identical, the Senate to immediately vote on that item. It is going to be considered either today or tomorrow by the Senate, and immediate action by the City is going to be necessary in order to try to amend the bill or refer it back to the committee with certain amendments. Commissioner Teelc: I've been given a note, a letter that's been signed by our Mayor. I'd like to read it into the record. Mayor Manny Diaz, to the Honorable Chairman and Members of the Commission, regarding State billboard, reading in part the second -- starting with the second paragraph. I am writing to request your assistance in an effort to combat this legislation that would severely curtail the City's ability to establish fair and appropriate standards that govern outdoor advertising within its jurisdictional limits. We have been informed that the language of the Senate bill would be amended to adopt to the House version that will limit efforts by municipalities to have non -conforming billboards and signs removed. 230 March 14, 2002 • e Please join me in an effort to defeat the proposed legislation by -- and the Mayor lists four things, basically asking us to all contact the rnembers of the Senate, and urge them to work in opposition to defeat this legislation, contacting the league and possibly visiting Tallahassee next month to meet with members of both the House and Senate to voice your -- that is tis, as Commissioners -- our opposition to any legislation. I just want to say again to the public, this is the most intelligent request that I've gotten from a Mayor since I've been sitting here about how we can work together. And I'm grateful. I think we've got to pass a resolution tonight, one opposing this legislation, M.r. Attorney, and asking not only the Management and the Attorney, but the citizens of Miami, and instructing the Manager to make known through our media sources and any other sources this City's strong opposition to what the billboard industry is doing. And so what I would like to do -- I. hope -- Alex, do we have a resolution drafted on this? Mr. Vilarello: We'll have one drafted immediately. Chairman Regalado: Yes, we do. Commissioner Teele: I would like to do that. But the thing I think that's important -- and I'm taking a page out of Chairman Regalado's book. We need to sit down with our communications people, and our Net -9 people. We need to have something up there on our Net -9 around the clock on this thing, telling people who to call, giving their web address, website addresses for the delegation, telephone numbers. We ought to have a draft letter, a telegram that they can send. We need to urge every citizen in Miami that cares about their neighborhood to call their State Representative and their State Senator. But we need to respond in kind is what I'm suggesting. And I think we should authorize the Manager to spend whatever dollars from within the budget to carry this out. I don't think we can afford to let the billboard people just corse in and take over this City. Commissioner Sanchez: May I? Also, if we could send that resolution to the Florida League of Cities, and also the Dade County League of Cities, and basically, you know, write letters to the people that we know in Tallahassee, our friends that not only represent us here, but anybody you know. It's very prudent that we do that. Mr. Vilarello: Commissioner, if I can, I did go up to Tallahassee on Monday to try to address this issue on the House side, and I do need to advise you that Representative Prieguez was challenged, and tried to get this House bill amended and modified to address the concerns of the City of Miami. Unfortunately, he was unable to carry the clay. But he, together with Marco Rubio were very helpful. And several other representatives from our delegation were very helpful to try to get this derailed. It did not happen. And I just wanted to recognize their efforts this week. I think that it's going to require more than just a resolution. I think it's going to require the active participation of the elected officials. The City Attorney or the City Manager going to Tallahassee -- we're not going to carry the day. It's the elected officials who will be able to influence the Legislature to do something. (INAUDIBLE COMMENT) Chairman Regalado: Excuse me, excuse me. 231 March 14, 2002 Mr. Vilarello: Well, I mean, together with the work that we provide and the background work that I think it requires, either phone calls or -- Chairman Regalado; Excuse rne. 1 think that we're going about it the wrong way. I think that Commissioner Teele had an idea, but it should be expanded. The only way that the local, the State Representative and a State Senator respond is through the media, whenever there is a campaign on the media. If we go there, you know, we probably meet with them, and they are very nice, and all of us are good friends. But the only way to pressure elected officials is through the media. I think I can do more doing radio and TV than going to Tallahassee. It would be, I think, a waste of time. I think that the members of the Commission should go out in the media. However, you need to brief the members of the Commission and the Manager in the consequences of this bill, because, you know, we have to -- we have to tell the people what they are trying to do, some people from the industry, and what we are trying to do. We have to show the people of Miami the economic benefits that the new billboard ordinance will bring to the City, plus the way that the City will look if we can implement the ordinance that we're trying to pass, and the cost to the City of Miami and to the taxpayers if that State law is passed. Because, let me tell you something. The lobbying team of the billboard industry is greater, bigger and more enthusiastic than this Commission. So even if we go there, we need to create a public opinion issue. Remember when some legislators were talking about reducing the budget for elderly in medicines, there was an uproar. And 99.9 percent of the Dade Legislature Delegation reversed their decision. And I just think that the personal touch is very nice, but, you know, it's important that we have the facts to -- that we have -- that the Manager and the Attorney will give the members of the Commission talking points in terms of what would be Miami with the Miami City ordinance and what would be Miami with the State law. So I -- Mr. Vilarello: Mr. Chairman, I didn't mean to limit the various options. I was just trying to enlist the support of the Commission next week, if this goes forward next week, with the elected officials' assistance on this issue. But i can give You a very brief description of exactly what this -- if this House bill is ultimately passed, and that would be that there would be approximately 300 signs that we have in our C-1 designated areas right now that we would not be allowed to remove, that had been prohibited since 1990. Their amortization period would have been over that next five years that we would not be able to bring down. The new ordinance which you're considering, which you have not yet adopted on final reading would curtail the removal in the C-2 areas, using the amortization period as a method of compensation. So it would at least impact in the City 300 signs that are currently up that would be required to be brought down by our existing ordinance. Commissioner Teele: Mr. Chairman, I have great respect for your ability. As I. said, I wanted to take a page out of your book. But I really do think that on this one, the City Attorney and you are both right. I mean, it's no an either/or. Obviously, an elected official is going to respond a lot more. And let's put the cards on the table. The hottest guy up there right now of all six of us is this guy over here. I mean, he's talking about running for the Senate. I don't know why. I don't know why. But the fact of the matter is, is that everybody in Tallahassee is talking about Joe Sanchez, especially in the Senate. If Joe Sanchez goes up to that Senate right now, as a City of Miami Commissioner, there will be a line of people trying to figure out how to talk to him, staff people. He'll get access. Joe, I'm not urging you to run, at all. In fact, I'll talk to you, you know, another day about that. But people touching people make a difference. And I do believe that the mass -- But there's only so many people you can talk to. The mass approach that Commissioner Regalado is advocating, which we also support, is the only way to make the real impact. But it's going to be people that can get that attention. I think, Mr. Manager, our resolution should direct 232 March 14, 2002 You to use a Homeland Security Bond approach. This is going to affect every neighborhood. What the Attorney just said, every neighborhood, which means NET (Neighborhood Enhancement Team) offices are our neighborhood liaison. Every NET Administrator should be brought in on this thing, and they should -- their staff should be directly involved in helping to get the word out as to what it's going to mean here, because what it does is it really severely curtails our ability to control the future of what neighborhoods are going to look like. And first, it'll be billboards, and then it's something else. So I think, you know, the Manager should take Commissioner Regalado's advice on this. I think we should take Commissioner -- I mean the City Attorney's advice. I'm not really that available, but I do think if Commissioner Sanchez could go up one day, or Commissioner GonzAlez and others, it's going to have a tremendous impact in just saying we care, as opposed to sending an e-mail. I'll call all of the State Senators that 1. interface with -- State Senator Meek, and State Senator .tones, and it's got to be done that way. So do we have a resolution that we can read into the record? Mr. Vilarello: If you could simply pass a motion, and we'll draft a resolution to conform with all the comments made by the City Commission. Commissioner Teele: The one comment that C want to say is this: Within the resources of your office, including the special counsel that you already have retained, I would expect this resolution to instruct you to use all available resources, subject to ratification oCthis Board, to defeat this legislation. Commissioner Sanchez: Second. Chairman Regalado: There is a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. 233 March 14, 2002 • • The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 02-332 A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE FLORIDA LEGISLATURE TO DEFEAT PROPOSED HOUSE BILL 715 (HB 715) AND SENATE BILL 758 (SB 758) WHICH, IF ADOPTED, WILL DEPRIVE LOCAL GOVERNMENTS OF THE RIGHT TO REGULATE BILLBOARDS BY REMOVING THE EXISTING MECHANISMS AVAILABLE FOR CONTROL OF AND COMPENSATION TO OWNERS OF NON -CONFORMING BILLBOARDS; DIRECTING THE CITY MANAGER AND CITY ATTORNEY TO USE ANY AND ALL RESOURCES AVAILABLE, SUBJECT TO RATIFICATION BY THE CITY COMMISSION, TO OPPOSE ENACTMENT OF THE PROPOSED LEGISLATION AND APPRISE THE LEGISLATURE OF THE ENORMOUS POTENTIAL FOR NEGATIVE IMPACT THE PROPOSED LEGISLATION ENTAILS; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Cleric.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Chairman Tomas Regalado NAYS: None ABSENT: Vice Chairman Johnny L. Winton 234 March 14, 2002 60. APPROVE, IN PRINCIPLE, COMMITMENT FOR SPONSORSHIP OF VIRGINIA KEY SHORELINE STABILIZATION PROJECT DEMONSTRATING CITY'S PARTICIPATION IN PROJECT AS LANDOWNER AND ACKNOWLEDGE FUNDING OF PROJECT BY U.S. CORPS OF ENGINEERS (See 448). Chairman Regalado: Commissioner Teele, do you have something on the CRA (Community Redevelopment Agency) change of date? Commissioner Teele: We did that this morning. It was just simply -- Chairman Regalado: Oh, OK. Commissioner Teele: It didn't change the date. It changed the time on that day. Could we get the item related to the shoreline? Alejandro Vilarello (City Attorney): Yes, Commissioner Teele: Is that ready? Mr. Vilarello: If I can read that resolution into the record. It's a resolution of the Miami City Commission approving, in principle, a commitment for sponsorship of the Virginia Key Shoreline Stabilization Project, demonstrating the City's participation in the project as landowner, and acknowledging funding of the project by the U.S. Corps of Engineers, pursuant to Section 111 Stabilization Report and Draft Environmental Assessment Document of February 26, 2002. That report provides that the shoreline mitigation will be the responsibility of the Corps of Engineers in executing that, as well as funding that project. Commissioner Teele: I would so move, Mr. Chairman, Commissioner Gonzdlez: Second. Commissioner Teele: Ms. Range, would you like to -- Former City of Miami Commissioner Athalic Range: Very fine. Thank you very much for moving the resolution. I think it's not necessary to continue the conversation, because that is the reason we came down this evening. It might be nice to have you know that this will be federally funded. It will not cost the City one penny. And we expect the project to be about two million dollars ($2,000,000). We're only asking for the sponsorship, a letter of sponsorship from the City, and I think this resolution does that. Commissioner Teele: And I would amend the resolution to specifically require that the City Manager or Mayor be authorized, or the Chairman -- the appropriate officials to issue such a letter. Commissioner Range: Thank you. Commissioner Gonzalez: I second as amended. 235 March 14, 2002 Commissioner Range: Thank you very much. Chairman Regalado: It's been moved and seconded All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes, four to zero. The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 02-333 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING, IN PRINCIPLE, A COMMITMENT FOR SPONSORSHIP OF THE VIRGINIA KEY SHORELINE STABILIZATION PROJECT TO DEMONSTRATE THE CITY'S PARTICIPATION IN THE PROJECT AS LANDOWNER; FURTHER, ACKNOWLEDGING RECEIPT OF APPROVAL FOR FUNDING OF THE PROJECT BY THE U.S. CORPS OF ENGINEERS PURSUANT TO SECTION III OF' THE STABILIZATION REPORT AND DRAFT ENVIRONMENTAL ASSESSMENT DOCUMENT OF FEBRUARY 26, 2002. (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: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Chairman Tomas Regalado NAYS: None ABSENT: Vice Chairman Johnny L. Winton 236 March 14, 2002 61. INSTRUCT MANAGER TO SCHEDULE BRIEFING FOR APRIL 11, 2002 RELATED TO METROPOLITAN PLANNING ORGANIZATION (MPO) STUDY CONCERNING "BAY LINK PROJECT," TRANSPORTATION PROPOSAL FOR MIAMI -MIAMI BEACH; MANAGER'S STAFF TO COORDINATE WITH DOWNTOWN DEVELOPMENT AUTHORITY (DDA). Chairman Regalado: Commissioner, Commissioner Teele: Mr. Chairman, very quickly, there are two or three housekeeping things that I would like to do. We were scheduled to have a briefing by the Bay Line -- the Parsons (UNINTELLIGIBLE) on today. There was an administrative problem there. I guess we changed our 28`}' meeting date or something. I would move that the Bay Link MPO (Metropolitan Planning Organization) study by Parsons be put on the agenda for immediately afternoon, after our lunch break on Tuesday, April the 11"', and that the City Manager staff be requested to fully coordinate with all of the affected agencies, specifically the DDA (Downtown Development Authority) and the DDA Chair, as well as the other agencies that would be affected, prior to coming to that meeting. I would so move. Chairman Regalado: There is a motion and a second by Commissioner -- Commissioner Gonzalez: I second the motion. Chairman Regalado: -- Gonzalez. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. 237 March 14, 2002 0 The following motion was introduced by Commissioner Teele, who mowed for its adoption: MOTION NO. 02-334 A MOTION INSTRUCTING THE MANAGER TO SCHEDULE A BRIEFING FOR THE MEETING CURRENTLY SCHEDULED FOR APRIL 11, 2002 IN THE AFTERNOON RELATED TO THE METROPOLITAN PLANNING ORGANIZATION (MPO) STUDY CONCERNING "BAY LINK PROJECT," A TRANSPORTATION PROPOSAL FOR MIAMI -MIAMI BEACH; FURTHER DIRECTING THE CITY MANAGER'S STAFF TO FULLY COORDINATE WITH ALL THE AFFECTED AGENCIES, SPECIFICALLY THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) AND THE CHAIR OF TFIE DDA, PRIOR ,rO THE APRIL 11, 2002 MEETING. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the Following vote: AYES: Commissioncr Angel Gonzalez Commissioner Joe Sanchez Commissioncr Arthur E. Tcele, Jr. Chairman Tomas Regalado NAYS: None ABSENT: Vice Chairman Johnny L. Winton 238 March 14, 2002 62. FIRST READING ORDINANCE: AMEND ORDINANCE NO. 12082 AND DIVISION 2 OF CITY CODE CHAPTER ENTITLED "COMMUNITY REVITALIZATION," BY AMENDING PROCESS TO SELECT PUBLIC ADVOCATE MEMBER TO MODEL CITY HOMEOWNERSHIP TRUST. Commissioner Teele: And then, Mr. Chairman -- thank you, Mr. Chairman. And then this is an emergency ordinance of -- why is it an emergency? This is an ordinance of the City Commission amending the appropriate code regarding the Homeownership Trust public member. What we're trying to do is have, as you know, a retreat for the Homeownership Zone Trust of potential members. And the timing doesn't allow for an election. And so what we're asking is rather than electing a member that that public advocate be appointed. As you know, the Trust will consist of -- nine people or seven? Unidentified Speaker: Seven. Commissioner Teele: Seven people; six of which will be nominated to Lis by the Manager. The Manager has nominated a list of some six names -- actually, seven names. And we appointed two of those names and deferred the balance. This nomination would be a nomination that would come up later, but I think it should be handled with a public hearing, so that the members of the community can have an opportunity to -- Commissioner Sanchez: Is that in compliance with HUD (Department of Housing and Urban Development)'? Commissioner Teele: On first reading. Chairman Regalado: This is an emergency -- Commissioner Teele: No, no. I would ask that it be read on first reading, and then we have a public hearing, so the pLIblic could come in and comment. Chairman Regalado: OK. Commissioner Teele: Would you read the item, please? Chairman Regalado: There is a motion and a second. Read the ordinance. OIC, roll call. 239 March 14, 2002 • An Ordinance entitled — • AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 12082 AND THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING THE PROCESS TO SELECT THE PUBLIC ADVOCATE MEMBER TO THE MODEL CITY HOMEOWNERSHIP TRUST; MORE PARTICULARLY BY AMENDING DIVISION 2 OF THE CHAPTER ENTITLED "COMMUNITY REVITALIZATION" OF THE CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR INCLUSION IN THE CITY CODE. was introduced by Commissioner Teele, seconded by Commissioner Gonzalez, and was passed on first reading by title only, by the Following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Tcele, Jr. Chairman Tomas Regalado NAYS; None ABSENT: Vice Chairman Johnny L. Winton Commissioner Teele: Mr. Chairman, thank you. Thank you, Mr. Chairman. 240 March 14, 2002 63. APPOINT MS. LINDA HASKINS, SENIOR FINANCIAL ADVISOR TO MAYOR, TO MODEL CITY HOMEOWNERSHIP TRUST. Commissioner Teele: Thank you, Mr. Chairman. Pursuant to that ordinance which is already in effect, the Manager, on July 10, 2001, the Manager nominated seven names, among which were Shalley Jones, who was nominated and confirmed as chair of the Trust, and one Chip Iglesias, who is not available to serve, or seated on the Trust. The consensus was, was that we had to have a full Board retreat or training session before the Board took office. But there was also a sense that the Trust should not be able to do anything, other than organize itself, with less than two people. I would therefore move to confirm the nornination of July 10`x' of one Linda Haskins to serve as the second member of the Trust, pending the nomination of the other -- pending the approval. of the others that have been already nominated. Commissioner Sanchez: Second. Chairman Regalado: There is a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 02-335 A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE CITY MANAGER'S NOMINATION OF AN INDIVIDUAL TO SERVE AS A MEMBER OF THE MODEL CITY HOMEOWNERSHIP TRUST FOR A TERM AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr, Chairman Tomas Regalado NAYS: None ABSENT: Vice Chairman Johnny L. Winton 241 March 14, 2002 64. ALLOCATE $100,000 OF PREVIOUSLY APPROVED HOME INVESTMENT PARTNERSHIP (HOME) FUNDS FOR MODEL CITY HOMEOWNERSHIP PROJECT TO VISION TO VICTORY HUMAN SERVICE CORPORATION TO PROVIDE HOMEOWNERSHIP COUNSELING AS SUPPORT SERVICE TO SAID PROJECT. Commissioner Teele: And then the third one relating to that is a resolution of the City Commission allocating one hundred thousand dollars ($100,000) of previously approved Homeownership -- Home Investment Partnership funds (HOME) for the Model City Homeownership Project. This has already been appropriated to provide for the Victory Human Services Corporation to provide homeownership counseling as a support service of the said project. And what has happened is the Chairman of the Trust is very, very intent on us getting started with counseling people. This money was previously approved, and, in fact, it was recommended to us the CD (Community Development) process last year, and we deferred it until the Trust had had an opportunity to consider it. And so I would so move that item. Chairman Regalado: There is a motion -- Commissioner Sanchez: Second. Chairman Regalado: -- and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. 242 March 14, 2002 �1 U 0 The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO, 02-336 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF PREVIOUSLY APPROVED HOME INVESTMENT PARTNERSHIP FUNDS, IN THE AMOUNT OF $100,000, FOR THE PROVISION OF SUPPORT SERVICES FOR HOMEOWNERSHIP COUNSELING FOR THE MODEL. CITY HOMEOWNERSHIP PROJECT - VISION TO VICTORY HUMAN SERVICES CORPORATION. (Here follows body of resolution, omitted here and on fila in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the Eesolution was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Chairman Tomas Regalado NAYS: None ABSENT: Vice Chairman Johnny L. Winton 243 March 14, 2002 65. DIRECT MANAGER AND APPROPRIATE STAFF, SPECIFICALLY DEPARTMENTS OF FIRE, PLANNING AND ZONING AND ASSET MANAGEMENT, TO WORK JOINTLY WITH RESIDENTS OF LITTLE HAITI AREA IN DEVELOPING AND IMPLEMENTING PLAN TO FACILITATE SMOOTH TRANSITION PROCESS WITH MINIMUM NEGATIVE IMPACT TO RESIDENTS FOR TEMPORARY ESTABLISHMENT OF FIRE STATION NO. 13 TO BE LOCATED WITHIN 185 N.E. 82ND STREET. Commissioner Teele: And finally, Mr. Chairman, this is a resolution of the City Commission and Manager -- directing the Manager to make available appropriate staff, specifically in the Departments of Fire, Planning and Zoning, and Asset Management to work jointly and cooperatively with the residents and businesses -- and businesses in the Little Haiti area in developing and implementing a plan to facilitate a smooth transition process with minimum negative impact to the residents and businesses to facilitate the temporary establishment of Fire Station Number- 13, to be located on City -owned property at 185 Northeast 82`1 Avenue (sic). 1 would so move for discussion. Chairman Regalado: It's been moved. Do we have a second? Priscilla A. Thompson (City Clerk): 82`1 Street? Chairman Regalado: Fin sorry. Ms. Thompson: It says 82`1 Avenue. Did you mean -- Commissioner Teele: It's 82`1 Street. .roe, if you would allow -- second it for discussion, I'd like to explain, Commissioner Gonzilez: Second for discussion. Chairman Regalado: It's been seconded. Go ahead, sir. Commissioner Teele: Commissioner Sanchez, you were very aggressive and very successful at getting money for the two temporary lire stations. What we're doing here is we are designating the area that the Fire Department is requesting on City -owned land, but it's within a neighborhood area. We don't want to get anybody upset. We're asking the Planning Department, and Asset Management and Fire to sit down with everybody around the area, explain what's going on. It's adequate space. It's right there off of Northeast 2`1 Avenue, just north of 79"' Street. And I think it's a great location. But what I also think is that the long -terns plan and disposition of that lot should be a part of a strategy to make the fire station there, this temporary station a good neighbor. I would also note for the record that there is a historical site there, a site that could very well be historical, and we should look at how we can upgrade that site as a part of putting this fire station there. This is a temporary station. That's correct, Mr. Manager? Carlos Gimenez (City Manager): Yes, sir. Commissioner Teele: And 1 don't want anyone to think that we're giving the community less than a full service. The Fire Department will make an independent determination at a later date on the permanent location of this site. But this motion is only designed to ask the Manager, and the Planning Department, 244 March 14, 2002 • • and Firc Department, and the Asset Management Department and their staffs to sit -- and NET (Neighborhood Enhancement Team) -- and should include NET -- to work with everybody, and let everybody know what's going on, come up with a long-range plan. Maybe we're going to do a little beautification in the area, so that we don't just plot something down, then when we're through, we get up and go, and, you know, thank you very much. And that's all we're doing here. Chairman Regalado: OK. There is a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The lollowing resolution was introduced by Commissioner Teele, who moved for its adoption. RESOLUTION NO. 02-337 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO INSTRUCT THE DEPARTMENTS OF FIRE -RESCUE, ASSET MANAGEMENT AND PLANNING AND ZONING TO CONFER WITH THE LITTLE HAITI COMMUNITY WHEN DEVELOPING SHORT- AND LONG-TERM PLANS RELATED TO THE 'TEMPORARY AND )SINAL DETERMINATION FOR HOUSING AND RELOCATION OF FIRE STATION NO. 13, ITS ASSOCIATED EQUIPMENT AND PERSONNEL. (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: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Chairman Tomas Regalado NAYS: None ABSENT: Vice Chairman Johnny L. Winton 245 March 14, 2002 r 66. BRIEF S`CATFMNTS BY COUNTY COMMISSION CHAIRMAN FROM CLARK COUNTY, 'LLAS VEGAS. -- - - Chairman Regalado: OIC. We have Mayor Manny Diaz, Mayor of the City of Miami, who is bringing a very distinguished visitor. I'd just like to say that he is not the Mayor of San Francisco. No? Clark County Commissioner Antonio Herrera: Thank goodness. Chairman Regalado: But he is a distinguished visitor. Mayor Diaz, Mayor Diaz: Thank you, Mr. Chairman, for this of}portunity. I just wanted to briefly introduce a native son of flagami, who happens to be the County Chairman of -- what is it? Clark County? Commissioner Herrera: Clark County. Mayor Diaz: Clark County, which is the County that Las Vegas is located in. He was elected to the County Commission in '98, elected County Chairman in the year 2000, and looks to be the front runner for one of the three congressional seats that are in the State of Nevada. So I just wanted him to say hello and have you all meet him, Commissioner Herrera: Good afternoon. It's certainly an honor to be back in my hometown after so many years. Tomas, 1 went to school with your son for some time, and if he says anything negative about me, he's absolutely correct. But I certainly have the distinct honor of being Chairman of the County Commission now, in one of the fastest growing areas in America., not, unlike, of course, the City of Miami. And we've been able to do some great things working together on the County Commission of the City of Las Vegas. And I understand that you all have a lot of challenges ahead of you, but a lot of Opportunities, as well. And I look forward to your leadership on these challenges and raking sure that the City of Miami continues to be even a greater place to live for the future. So thank your, Mr. Mayor, for the honor. And Mr. Chairman, thank you for the opportunity to address the Board. Chairman Regalado: Thank you very much, Mr. Chairman. Antonio Herrera. Mayor Diaz: Now, if any of you are going to Las Vegas, you know who to call. Carlos Gimcnez (City Manager): And they put on a great show on the 31". Commissioner Teele: Is there going to be an announcement about a fight this evening, Mr. Mayor? Is there going to be an announcement? Are you all negotiating? Chairman Regalado: Who do you want to bring now? Just don't say it. Don't say it. .lust don't say it. 246 March 14, 2002 67. DIRECT MANAGER TO FINALIZE APPROPRIATE ACTIONS TO SCHEDULE RETREAT TO PROVIDE. ORIENTATION FOR PROSPECTIVE MEMBERS TO MODEL CITY HOMEOWNERS TRUST, ELECTED OFFICIALS AND INTERESTED COMMUNITY LEADERS I PREPARATION FOR IMPLEMENTATION OF MODEL CITY HOMEOWNERSHIP PROJECT, Chairman Regalado: OK. Ycs, sir. Commissioner Tecle: I want to do one administrative matter. It's also relating to the Homeownership Trust. A resolution of the City Commission directing the Manager to finalize the appropriate actions to schedule a retreat to provide an orientation for the prospective members of the Model City Homeownership Trust and all of the elected officials and interested community leaders in the preparation for the implementation of the Model City Homeownership Project. And Trust -- this retreat hopefully would be in a place far enough away from everybody's home and office that they not just come in for two minutes and leave. You know, we need to have a real retreat, so that -- and it would be for the elected officials that could come. And it also provides that each Commissioner would be authorized to appoint people to come to this Trust meeting, even though this is .Model City, from within their neighborhood, so that we can learn from each other. And I would so move. Commissioner Gonzalez: Second, Chairman Regalado: There is a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. 247 March 14, 2002 • 0 The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 02-338 A MOTION DIRECTING THE CITY MANAGER TO FINALIZE THE APPROPRIATE ACTIONS TO SCHEDULE A RETREAT TO PROVIDE AN ORIENTATION FOR PROSPECTIVE MEMBERS OF THE MODEL CITY HOMEOWNERSHIP TRUST, ELECTED OFFICIALS AND INTERESTED COMMUNITY LEADERS IN THE PREPARATION FOR THE IMPLEMENTATION OF THE MODEL CITY HOMEOWNERSHIP PROJECT. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Chairman Tomas Regatado NAYS: None ABSENT: Vice Chairman Johnny L. Winton 248 March 14, 2002 68. AU`T'HORIZE MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH GALE SITTIG GROUP TO ASSESS STAFFING AND FUNCTIONS IN KEY CITY DEPARTMENTS AND OFFICES, $25,000. Chairman Regalado: Mr. Manager, do you have anything? Carlos Gimenez (City Manager): Yes, sir. I have one pocket. I'd like you to consider passing a resolution to authorize negotiation and execution of a professional services agreement for staffing assessment with Gale Sittig Consulting Group. And what she'll do is she'll assess how our employees are working in teams, and also through that, we'll do a functional accountability study, and also will help us in improving our communications and our work flows throughout the City. Commissioner Teele: So move, Mr. Chairman. Commissioner Sanchez: Second. Mr. Gimenez: This is for an amount not to exceed twenty-five thousand dollars ($25,000). Chairman Regalado: It's been moved and seconded. All in favor, say "aye." The Commission (Collectively). Aye. Chairman Regalado: It passes. 249 March 14, 2002 ® 0 The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 02-339 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE GALE SITTIG GROUP TO EVALUATE CITY OF MIAMI PERSONNEL POSITIONS AND ASSIGNMENTS AND MAKE RECOMMENDATIONS TO IMPROVE COMMUNICATIONS, TEAMWORK CONCEPTS AND ACCOUNTABILITY FOR SPECIFIC DEPARTMENTS AND OFFICES; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $25,000, FROM ACCOUNT CODE NO. 001000.921002.6.270 FOR SAID PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Commissioner Angel Gonzdlez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Chairman Tomas Regalado NAYS: None ABSENT: Vice Chairman Johnny L. Winton 250 March 14, 2002 69. AMEND RESOLUTION 02-233 WHICH SCHEDULED SPECIAL CITY COMMISSION MEETING ON WEDNESDAY, MARCH 27, 2002, BEGINNING 2 P.M. FOR PURPOSE OF CONSIDERING PENDING LABOR UNION CONTRACTS, TO CHANGE TIME OF MEETING TO BEGIN AT 1:30 P.M. (See 458). Chairman Regalado: We still have Item 28. It's the financial update and budget outlook. This item was deferred. Mr. Manager, you want to do anything? Members of the Commission, do you want to listen to the report, or have it on April the 11'1'9 Commissioner Teele: The I I"'. Chairman Regalado: April the 1 I"'. So April wilt be the regular meeting, but we do have --just a point of clarification. The 27`x', the meeting of the 27'x', you all said 2 o'clock; that's what you said? Commissioner Teele: We didn't -- What was the time previously? Alejandro Vilarello (City Attorney): Originally, it was scheduled for 2 o'clock, and you added two items. Commissioner Teele: We did not change that time, Mr. Chairman. Chairman Regalado: OK. We need to check with the Mayor's office, because I think that day he has the speech, the State of the City. Carlos Gimenez (City Manager): We were advised yesterday, sir, that I don't think he's going to go on that date. But you do have a problem with -- At sundown there is -- it's Passover. Chairman Regalado: Right, Mr. Gimenez: So you may not -- Chairman Regalado: Well, sundown will be six something. Mr. Gimenez: Yes. Commissioner Teele: As soon as you can be available. Chairman Regalado: 1:30. 1 can be here at 1:30. Commissioner Teele: Mr, Chairman, I would move that the time that is established for the previously announced and discussed special meeting scheduled for 2 p.m. on Wednesday, March the 27'h be changed to 1:30 p.m. on the same date, to cover the same three items. Chairman Regalado: There is a motion -- Commissioner Gonzalez: Second. 251 March 14, 2002 Chairman Regalado: -- 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. 02-340 A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 02-233, PASSED ON MARCH 7, 2002, WHICH SCHEDULED A SPECIAL CITY COMMISSION MEETING ON WEDNESDAY, MARCH 27, 2002, BY RESCHEDULING THE TIME OF THE MEETING TO BEGIN AT 1:30 P.M. AND BY EXPANDING THE CALL OF THE MEETING. (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: Commissioner Angel Gonzalez Commissioner .Toe Sanchez Commissioner Arthur E. Teele, Jr. Chairman Tomas Regalado NAYS: None ABSENT: Vice Chairman Johnny L. Winton 252 March 14, 2002 C� 1-70__ DEFER APPROVAL OF COMMISSION MINUTES. Chairman Regalado: Finally, we need a motion to approve the minutes of the following meetings: The regular Commission meeting of February 8; special meeting on February 15, 2001; Planning and Zoning meeting of February 22, 2001; the regular meeting of March 8, 2001. Commissioner Teelc: Mr, Chairman, I would ask that that item be deferred. I want to go through those i11inutes and make sure Chairman Regalado: OK. It will be deferred to April 11. 253 March 14, 2002 • ILJ 71. SCHEDULE ATTORNEY/CLIENT SESSION ON APRIL 11, 2002 AT 9:00 A.M, FOR PURPOSE OF DISCUSSING FENDING LITIGATION IN CASE OF WYNWOOD FOREIGN TRADE ZONE, DADE FOREIGN TRADE ZONE, Chairman Regalado: Yes, Mr. City Attorney. Alejandro Vilarello (City Attorney): Mr. Chairman, I would like to request -- As you all know, we have been involved in litigation with the Wynwood Foreign Trade Zone, Dade Foreign Trade Zone and the City of Miami for several years. 1'd like to request an CXMItive session at your April 11`x' meeting to briefly diSCUSS With you in CXCCUtIVC Session -- Chairman Regalado: At what time? Mr. Vilarello: At the discretion of the City Commission. Chairman Regalado: 9 o'clock. Mr. Vilarello: 9 o'clock is fine. Chairman Regalado: Everybody agrees, 9 o'clock. Commissioner 'Fcele: That meeting is getting ready to become real meaty. Chairman Regalado: Yeah. It's going to be long. So we've got to do it at 9 o'clock, because if not, it will get complicated. So 9 o'clock it is? OK. Commissioner 'Feel e: It has to be done by motion on the advice of counsel. Mr. Vilarello: Yes. Commissioner Teelc: I would so move that the executive session -- Chairman Regalado: It's been moved -- Commissioner GOnzAlez: Second. Chairman Regalado: -- and seconded. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. 254 March 14, 2002 The following inotion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 02-341 A MOTION SCHEDULING AN ATTORNEY/CLIENT SESSION ON APRIL 11, 2002 AT 9:00 A.M. FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION IN THE CASE OF WYNWOOD FOREIGN TRADE ZONE, DADE FOREIGN TRADE ZONE. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Chairman Tomas Regalado NAYS: None ABSENT: Vice Chairman Johnny L. Winton 255 March 14, 2002 72. BRIEF COMMENTS BY COMMISSIONER TEELE COMMENDING ATTORNEY AND MANAGER REGARDING PROPOSED HOUSE BILL 715 (HB 715) AND SENATE BILL 758 (SB 758) WHICH, IF ADOPTED, WILL DEPRIVE LOCAL GOVERNMENTS OF RIGHT TO REGULATE BILLBOARDS; BRIEF COMMENTS REGARDING HIRING PROCESS OF CITY PROFESSIONALS (See #59). Chairman Regalado: Anything else? This meeting is -- Commissioner Teele: Mr, Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: Mr. Chairman, this has been a long day, and I know that the City Attorney -- Chairman Regalado: Not that long. Commissioner Teele: No, I mean, it's been a hard day, actually. And I just would like to say a word of confidence to both the City Manager and the City Attorney. This legislation in Tallahassee has got everybody nervous. I mean, we're all -- you know. And I apologize, Alex, if I was curt about this thing. But I mean, I really do feel very strongly about it. I also want to particularly note for you, Mr. Chairman and the public that I saw job announcements going out today or recently that relate to professional -- looking for professionals to help us manage our bond program. And, you know, this is a different City right now. And a lot of it, Mr. Manager, has to do with the way you're doing things. You know, you're moving aggressively. You've moving, you know, in a public manner. We're not hiring somebody's nephew and somebody this, that -- you know, I hope that's not what we'll do. But at least there's an open process. That has not been the way this City has operated in the -- largely in the four years that I've been here. People are hired, nobody knows where they came from, nobody -- and that's a part of it. But we need professionals, and I want to encourage it. And in that regard, there is going to be a vacancy of a clerk position. I would hope, Madam Clerk of the City that your office will in now way be involved, or in any way communicate -- I realize that you're coming from that position, so it's normal that people are going to come to you and ask you how you feel or anything. And I would hope, in that you're representing this Commission now that you would just say, even though you previously served there, that this Commission does not want you to be involved in that process, at all. Let that Board be it. And I don't mean to be unfair to you, but I do think that we should have a process in which none of us or our offices are involved in. So I respectfully would ask you to do that. Priscilla A. Thompson (City Clerk): So noted, and will be followed. Commissioner Teele: Thank you. 256 March 14, 2002 73. DIRECT MANAGER TO PROVIDE COMMISSION WITH REPORT REGARDING COMPLAINTS RECEIVED ON "ONE-ARMED BANDIT" TRASH PICKUP SYSTEM AND ASSESSMENT DONE BY SOLID WASTE DEPARTMENT BEFORE APRIL 11, 2002 COMMISSION MEETING. Chairman Regalado: Mr. Manager, just a final note. We have been getting a lot of mixed reaction on the new pilot program for trash pickup. Could you give us, before the April 1 I"' meeting a written report on the complaints and the assessment by the Solid Waste Department? Carlos Gimenez (City Manager): Yes, sir. Chairman Regalado: OK. Thank you. Meeting is adjourned. Good night. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 6:37 P.M. ATTEST: Priscilla Thompson, CITY CLERK Sylvia Scheider, ASSISTANT CITY CLERK MANUEL DIAZ, MAYOR 257 March 14, 2002