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HomeMy WebLinkAboutCC 2002-04-18 MinutesMINUTES OF SPECIAL MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 18'h day of April 2002, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in special session. The meeting was called to order at 2:20 p.m. by Chairman Tomas Regalado with the following members of the Commission found to be present: Commissioner Angel Gonzalez (District 1) Vice Chairman Johnny L. Winton (District 2 Commissioner Joe Sanchez (District 3) Chairman Tomas Regalado (District 4) Commissioner Arthur E. Teele, Jr. (District 5) ALSO PRESENT: Frank Rollason, Assistant City Manager/Operations Alejandro Vilarello, Assistant City Attorney Priscilla A. Thompson, City Clerk Sylvia Scheider, Assistant City Clerk 15. AUTHORIZE MANAGER TO EXECUTE MEMORANDUM OF UNDERSTANDING WITH RACEWORKS, LLC FOR ISSUANCE OF PERMIT FOR MOTOR SPORTS RACES TO BE HELD IN DOWNTOWN MIAMI IN OCTOBER 2002. Chairman Regalado: We are now into the special City Commission meeting. This meeting has been called for the Raceworks MOU (Memorandum of Understanding). Maria Chiaro (Assistant City Attorney): So, you'll be recessing the continuation -- Chairman Regalado: We are recessing this. We'll go back as soon as we finish this item. Mr. City Manager. Raceworks. We are on the special meeting that you called. Priscilla Thompson (City Clerk): I'm sorry. Chairman Regalado: Yes, we did. Ms. Thompson: Yes, yes. 30 April 18, 2002 Frank Rollason (Director, Building & Zoning): Mr. Chairman and members of the Commission, Frank Rollason, Assistant City Manager for Operations. What you have in front of you today is a resolution that we are recommending that you pass, which adopts the attached Memo of Understanding, which was developed as pointed out to you at the last Commission meeting when we discussed this issue, that we would have that here today for you. We delivered a package to you this past Monday so you'd have a little bit of time to go over it before today's meeting. And the intent of this MOU is to indemnify the City against the issues that we feel are important, that we're protected against upon issuance of a race permit under Florida Statutes. So, with that, we're prepared to answer any questions and move forward. Commissioner Sanchez: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Sanchez: Mr. Rollason, I have three questions. One, we have the right to revoke the permits? Mr. Rollason: Yes, sir. Commissioner Sanchez: In certain circumstances? Mr. Rollason: Yes, sir. Commissioner Sanchez: OK. Is there a clause to hold us harmless, that includes the City, the trust, officers of the trust? Mr. Rollason: Yes, sir. Commissioner Sanchez: Is there also an agreement that the Raceworks will not sue the City of Miami or the trust or director from employers volunteers? Mr. Rollason: Yes, sir. Commissioner Sanchez: Thank you. Chairman Regalado: OK. Frank. That's it. OK. This is a public hearing. Mr. Lopez. Vice Chairman Winton: Mr. Chairman, may I remind you that -- Chairman Regalado: You need to leave. Vice Chairman Winton: -- for this meeting, you're going to be mean, nasty. You're going to limit everybody to the amount of time they can speak and I agreed to take a chill pill, which I have done. Chairman Regalado: He's been fully advised. George Lopez: That's huge. Yes. Mr. Chairman, thank you. My name is George Lopez, Steel, Hector and Davis, on behalf of Homestead Miami Speedway, its parent company, International Speedway Corporation. And I do want to thank you for this opportunity to be heard. I've heard the wishes of this Commission repeatedly now and I understand the limitations that come therefore. But I first before I make a very brief comment -- and they will be brief here today -- I want to acknowledge that the -- both the Manager's office and the City Attorney's office has been very helpful in providing us with 31 April 18, 2002 information. But I want to make a very special mention to Ms. Thompson and her office at the City Clerk's Office have been extremely helpful and I congratulate her in the vote here today, but more importantly in the cooperation that she's shown us as the public. Mr. Chairman, before I make those comments, I want to make sure that I understand just two points. Number one, from a public records standpoint, we're dealing with the item that was advertised, and as I understand it, the same form, substance and the document has not changed since it was advertised and delivered to the public. OK. More importantly, as I read the advertisement in "The Miami Herald", it indicated discussion regarding the MOU, as has been indicated, but as well as -- and a permit related thereto. Is there a copy of that permit that has been circulated, made available to the public or is there one that could be made available to us at this time? Chairman Regalado: And he's asking, Mr. City Manager -- Mr. Rollason: That's a part of the package that was delivered to you, a sample permit, and was also delivered to the Homestead attorneys Monday morning, and you got it. Chairman Regalado: Monday morning. So, Thursday today. Mr. Lopez: Let me look at that. Right, because this -- thank you, Mr. Chairman. Mr. Chairman, just a couple observations as it relates to the MOU, and I think your statements, before I started speaking, clearly focuses us as to what we can -- are not going to be permitted to be discussing here today, and that is clearly our legal objection to going forward with this companion item to the agreement that was previously approved by the City. Those objections are clearly expressed previously before this record, and suffice that we do not need to repeat them, but we do reserve those rights at any ongoing litigation. There are two observations I wanted to make with relations to -- I think one of the questions that was raised by Commissioner Sanchez -- and they are specifically Section "E" of the MOU. It speaks to litigation ongoing in the event of -- and I quote -- "in the event that the City or the Trust is a defendant." There is no event. It is ongoing. But more importantly, as it relates to us, Mr. Chairman, I would like to ask -- there's one area where there's an affirmative statement that the City Attorney's Office must, at your expense, vigorously defend any litigation. And my point here today is, if that is to be interpreted that, should Miami Homestead Speedway proffer to settle its ongoing dispute with this City, in exchange for a full and fair and equal opportunity to consider a bid, would that statement vigorously defend -- limit this City to enter into that settlement. With that, Mr. Chairman, I really have no further arguments to express to you here today, except that we certainly reserve our legal rights. And thank you, Commissioner Winton, for your restraint. And I'm happy to answer any questions that you all might have. Chairman Regalado: Thank you. Thank you very much. And we appreciate that you've been so kind and short. Any more comments, questions from the public? This is a public hearing. Anybody from the members of the Commission? OK. Commissioner Sanchez: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Sanchez: So move to approve the MOU. Vice Chairman Winton: Second. Chairman Regalado: We have a motion and a second to approve the MOU. All in favor say "aye." The Commission (Collectively): Aye. 32 April 18, 2002 The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 02-420 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING, IN SUBSTANTIALLY THE ATTACHED FORM, WITH RACEWORKS, LLC, FOR THE ISSUANCE OF A PERMIT FOR MOTORSPORTS RACES TO BE HELD IN DOWNTOWN MIAMI IN OCTOBER 2002. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Chairman Regalado: That's five, it passes. OK. That concludes the Special City Commission meeting. We are now back to the Regular Commission meeting. Good night. The Special Commission meeting adjourned at 2.-26p. m. 33 April 18, 2002 16. SECOND 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 $167,890 GRANT FROM FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM, FOR IMPLEMENTATION OF WELLNESS AND FITNESS PROGRAM, AND MATCHING FUNDS OF $71,953 PROVIDED BY CITY AS FOLLOWS: $23,800 FROM GENERAL OPERATING BUDGET, AND $48,153 FROM CAPITAL IMPROVEMENTS PROJECT. Note for the Record: Upon the adjournment of the Special Commission meeting at 2:26 p.m., the Regular Commission meeting of April 11, 2002 was reconvened. Chairman Regalado: OK. We have -- now we're back to the balance of the regular agenda. Item 12, a second reading ordinance. It's the FEMA (Federal Emergency Management Agency) assistance to firefighters grant award. Do we have a motion? Note for the Record: Vice Chairman Winton left Commission chambers at 2: 27 p. m. Commissioner Sanchez: So move, Mr. Chairman. Commissioner Teele: Second, Mr. Chairman. Chairman Regalado: It's been moved and second. Any comments from the public? Being none, read the ordinance. OK. 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. 2829401.6.840, 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 passed on its first reading, by title, at the meeting of March 7, 2002, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Sanchez, seconded by Commissioner Gonzdlez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: 34 April 18, 2002 AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Vice Chairman Johnny L. Winton SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12219. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Regalado: Second reading, it passes. 35 April 18, 2002 17. SECOND READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND ENTITLED: "HOMELESS PROGRAM DONATIONS" AND APPROPRIATE $15,000 TO SAID FUND RECEIVED AS DONATION FROM TECHNOLOGY CENTER OF THE AMERICAS FOR PURPOSES OF ENHANCING SERVICES PROVIDED BY HOMELESS PROGRAM. Chairman Regalado: Item 14 is a second reading ordinance. Unidentified Speaker: Thirteen. How about 13? Chairman Regalado: Did we do 13? Joel Maxwell (Deputy City Attorney): Thirteen, I think. Chairman Regalado: OK. I'm sorry. Thirteen, second reading ordinance. The Homeless Program Donations. Do we have a motion? Commissioner Gonzalez: So move. Chairman Regalado: It's been moved-- and second? Commissioner Teele: Yes, sir. Chairman Regalado: OK. It's been moved and second. It's a public hearing. Being none from the public, read the ordinance. Roll call. An ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "HOMELESS PROGRAM DONATIONS" AND APPROPRIATING FUNDS IN THE AMOUNT OF $15,000 TO SAID FUND RECEIVED AS A DONATION FROM THE TECHNOLOGY CENTER OF THE AMERICAS FOR PURPOSES OF ENHANCING THE SERVICES PROVIDED BY THE HOMELESS PROGRAM; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID DONATION, AND TO EXECUTE ANY DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR ACCEPTANCE OF SAID DONATION; ALLOCATING FUNDS IN THE AMOUNT OF $15,000.00 FOR SAID SERVICES; AND CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was passed on its first reading, by title, at the meeting of March 7, 2002, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Gonzalez, seconded by Commissioner Teele, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: 36 April 18, 2002 AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Vice Chairman Johnny L. Winton SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12220. The Ordinance was read by title into the public record by the Deputy City Attorney. 37 April 18, 2002 18. SECOND READING ORDINANCE: AMEND SECTIONS 54-341 THROUGH 54-343 OF CITY CODE ENTITLED "COCONUT GROVE SPECIAL EVENTS DISTRICT," TO REVISE DISTRICT'S PURPOSE, INTENT, SPECIAL EVENT APPLICATION REQUIREMENTS, AND USER FEE PROVISION AND CHANGE NAME OF COCONUT GROVE STANDING FESTIVAL COMMITTEE TO SPECIAL EVENTS AND MARKETING COMMITTEE, AND INCREASE FUNCTIONS AND COMPOSITION OF THE COMMITTEE. Chairman Regalado: Item 14, a second reading ordinance. Do we have a motion? Commissioner Teele: So move, Mr. Chairman. Chairman Regalado: It's been moved and -- Commissioner Sanchez: Second. Chairman Regalado: -- second. Comments from the public? John, you want to? John Jackson (Director, Public Works): Yes. John Jackson, Director of Public Works. Mr. Chairman, Commissioners, a provision in this ordinance transfers the sidewalk cafe permit fees to the Coconut Grove Standing Festival Committee. Chairman Regalado: Yeah, but it provides that they will pay for one inspector. Mr. Jackson: Yes. That's -- Carlos Gimenez (City Manager): Well, does the -- did the ordinance so state, or it has to be put on the recorded that -- Chairman Regalado: It was put on the record the first time that we read it. But you need to, I guess, put it again. Joel Maxwell (Deputy City Attorney): Yes. If you can repeat that, Mr. Chairman, if you don't mind. Yes. Mr. Jackson: We would need to fund an inspector from Public Works, approximately eleven thousand dollars ($11,000) a year to do the permitting and inspection of the sidewalk cafes in Coconut Grove. Chairman Regalado: OK. So would the maker of the motion include that in the ordinance? I think we did the first time. I remember. Commissioner Teele: So move. I would so move. Chairman Regalado: Thank you very much. Commissioner Sanchez: Second. Chairman Regalado: OK. With that amendment, would you read the ordinance? Roll call. 38 April 18, 2003 An ordinance entitled 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. passed on its first reading, by title, at the meeting of March 7, 2002, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Teele, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading, by title, and was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Chairman Tomas Regalado NAYS: None ABSENT: Vice Chairman Johnny L. Winton THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12221. The ordinance was read by title into the public record by the City Attorney. 39 April 18, 2003 19. FIRST READING ORDINANCE: AMEND SECTION 40-74 OF CITY CODE ENTITLED "PERSONNEL/CIVIL SERVICE RULES AND REGULATIONS", TO REQUIRE THAT CHANGES IN RACE, COLOR OR NATIONAL ORIGIN BE ESTABLISHED AT TIME OF APPLICATION FOR ALL CLASSIFIED POSITIONS. Chairman Regalado: Item 14, second reading. Priscilla Thompson (City Clerk): That's the one we just did. We're on -- Commissioner Gonzalez: We did that. Ms. Thompson: We did -- Chairman Regalado: I'm sorry. We did that. Item 15, it's a first reading ordinance. I don't understand this. Could somebody explain that to me, Mr. City Attorney? Tish Mindingall: Commissioners, I'm Tish Mindingall, Executive Secretary for the Civil Service Board. What this ordinance does is amends Chapter 40 of the Code regarding applications. The application forms now allow persons to apply to change their ethnic code during the course of a register and what this ordinance would do is to disallow that ability. Chairman Regalado: Any questions from the board members? It's a first reading. Commissioner Sanchez: So move. Chairman Regalado: It's been moved. Commissioner Teele: Second. Chairman Regalado: And second. Joel Maxwell (Deputy City Attorney): An ordinance of the Miami -- Chairman Regalado: Go ahead, sir. Roll call. 40 April 18, 2002 An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40, ARTICLE 3, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED PERSONNEL CIVIL SERVICE RULES AND REGULATIONS, TO REQUIRE THE CHANGES IN RACE, COLOR OR NATIONAL ORIGIN BE ESTABLISHED AT TIME OF APPLICATION FOR ALL CLASSIFIED POSITIONS; MORE PARTICULARLY BY AMENDING SECTION 40-74; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Was introduced by Commissioner Sanchez, seconded by Commissioner Teele, and was passed on first reading, by title only, by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Vice Chairman Johnny L. Winton The ordinance was read by title into the public record by the Deputy City Attorney. 41 April 18, 2002 20. RECONSIDER PRIOR VOTE TAKEN ON MOTION NO. 02-408 RELATED TO APPOINTMENTS OF INDIVIDUALS AS MEMBERS OF MIAMI SPORTS AND EXHIBITION AUTHORITY. (See #3) RESCIND RESOLUTION 02-318, WHICH HAD APPOINTED SAM GENTRY, MARIANNE SALAZAR, AND MARITZA GUTIERREZ AS MEMBERS OF MIAMI SPORTS AND EXHIBITION AUTHORITY; STIPULATING THAT SAID BOARD MEMBERS SHALL CONTINUE TO SERVE UNTIL THEIR SUCCESSORS HAVE BEEN APPOINTED AND QUALIFIED. APPOINT MARITZA GUTIERREZ AS MEMBER OF MIAMI SPORTS AND EXHIBITION AUTHORITY. AMEND RESOLUTION 02-318 BY (1) RESCINDING APPOINTMENTS OF SAM GENTRY AND MARIANNE SALAZAR; AND (2) CONFIRMING APPOINTMENT OF MARITZA GUTIERREZ. Chairman Regalado: Before we go on -- before he left, Vice Chairman Winton passed a resolution rescinding resolution R-02-318. That would be appointments to the Miami Sports & Exhibition Authority. In that resolution, Commissioner Winton has two of his appointments, but one of my appointments was included. I wanted -- I want the record to be clear that my appointment is not being removed and -- Joel Maxwell (Deputy City Attorney): Commissioner, then I would suggest that you move to reconsider the resolution that was just adopted, rescinding -- Commissioner Teele: So moved, Mr. Chairman. Chairman Regalado: Yeah, but. Mr. Maxwell: And now what I would do -- I know what -- Chairman Regalado: Wait, wait, wait. Because Johnny wanted to do something, and I -- Mr. Maxwell: I know what he wanted to do. And if you rescind what you just did, we can give you the information you need to accomplish what he wanted to do, I assure you of that, today. Chairman Regalado: Today? Mr. Maxwell: Yes. Chairman Regalado: Because we want to give him, you know -- Commissioner Teele: Mr. Chairman. Mr. Maxwell: Yes, sir. Chairman Regalado: Yes, sir. Commissioner Teele: Let's just move it and then we can discuss it. I would so move to reconsider. Commissioner Sanchez: Second. 42 April 18, 2002 Chairman Regalado: It's been moved and second. All in favor say "aye." The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 02-421 A MOTION TO RECONSIDER PRIOR VOTE TAKEN ON MOTION NO. 02-408 RELATED TO APPOINTMENTS OF CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele. Jr. NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Chairman Regalado: Now, what do we do now to comply with what Commissioner Winton wanted and to maintain my appointment? Commissioner Teele: Move to reconsider your appointment. Commissioner Sanchez: Yes. Chairman Regalado: Yeah, but we just moved to reconsider -- Commissioner Teele: But we reconsidered -- Chairman Regalado: -- his resolution that rescinds the -- Mr. Maxwell: No. What I would suggest you do is you -- now, what you're doing is, you are rescinding the appointments of Marianne Salazar and Sam Gentry. Chairman Regalado: Those are the two appointments by Commissioner Winton. Mr. Maxwell: Which were in Resolution 2-308. So, you are amending resolution 2-318 to rescind the appointments of Marianne Salazar and Sam Gentry, which were made by Commissioner Winton. Chairman Regalado: And -- Commissioner Teele: I would so move. Mr. Maxwell: And your, Commissioner Mary -- Maritza Gutierrez, which (INAUDIBLE). Commissioner Teele: Well, why don't we do one at a time? 43 April 18, 2002 Mr. Maxwell: OK. You don't -- OK. Commissioner Teele: Let's just deal with his, Commissioner Winton's first. It's only an amendment to this, right? Mr. Maxwell: Yes. Commissioner Teele: So, this is in the motion of an amendment to a resolution. Mr. Maxwell: That's correct. Commissioner Teele: OK. So, I would move the -- what is it, the reconsider -- Mr. Maxwell: You've already moved to reconsider. Commissioner Teele: But what is Commissioner Winton asking to be done? Mr. Maxwell: Commissioner Winton wants to rescind the appointments of Marianne Salazar and Sam Gentry. Commissioner Teele: Does he want to appointment anybody? Mr. Maxwell: No. Commissioner Teele: OK. I would -- with the understanding now they serve until they're replaced. Mr. Maxwell: Well, these two -- these people were previously appointed. Commissioner Teele: To what board, Mr. Attorney? Mr. Maxwell: This is MSEA (Miami Sports & Exhibition Authority), but they -- Commissioner Teele: Mr. Attorney, listen to what I'm saying. In doing this, it doesn't change anything because all appointees of the City, by ordinance, serve until a replacement is made, correct? Mr. Maxwell: By state law and by -- Commissioner Teele: OK. So, in reconsidering this -- I just want to be very clear because you've got the Executive Director here. Those fine people continue to serve and vote until Commissioner Winton does something else, even though he's reconsidering their current appointment. Mr. Maxwell: That's correct. Commissioner Teele: OK. So, Mr. Director, I think you need to come and get on the record so that it's very clear -- because you're going to be the person asked to explain this, because there's obviously going to be a question. Jim Jenkins: Jim Jenkins, the Executive Director of Miami Sports & Exhibition Authority, 701 Arena Boulevard. Good afternoon. 44 April 18, 2002 Commissioner Teele: Mr. Jenkins, it's my understanding that the resolution today that purported to make appointments, Commissioner Winton has requested that his appointments that were previously made recently be vacated; that is, his recent appointments. However, those two persons are currently members from a previous appointment. And, so, they will continue to serve until Commissioner Winton does something else. Mr. Jenkins: That would be my understanding, yes, sir. Commissioner Teele: That's the intent of the motion. I just want to be clear, Mr. Attorney, that that's your legal interpretation. Mr. Maxwell: Under the City code and under state law, officers remain in office until their successors are appointed and take office. Commissioner Teele: All right. So, I would move that the appointments made previously by Commissioner Winton, at Commissioner Winton's request, be rescinded, with a further proviso that the appointees will continue to serve until a new appointment is made by Commissioner Winton and approved by the City Commission. I would so move. Chairman Regalado: That is a -- we have a motion by Commissioner Teele. Second by Commissioner Sanchez. All in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 02-422 A MOTION TO RESCIND RESOLUTION 02-318, WHICH HAD APPOINTED SAM GENTRY, MARIANNE SALAZAR, AND MARITZA GUTIERREZ AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY; FURTHER STIPULATING THAT SAID BOARD MEMBERS SHALL CONTINUE TO SERVE UNTIL THEIR SUCCESSORS HAVE BEEN APPOINTED AND QUALIFIED. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele. Jr. NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Chairman Regalado: It passes. Now, in order -- see, what -- I think that -- you know, this wouldn't have been a problem had not been one of my appointments included in that resolution. So, now what do I have to do to maintain that appointment in that board? He's already -- it's already there. Mr. Maxwell: Just ratify the reappointment of Maritza. 45 April 18, 2002 Chairman Regalado: I will ratify the appointment of Maritza Gutierrez to the Miami Sports & Exhibition Authority. Commissioner Teele: What about yourself? Chairman Regalado: I don't need to because that's another resolution. Its a separate resolution. Commissioner Teele: I would second the motion. I would assume that you would want me or you want to preside? Chairman Regalado: If you can preside, I would really appreciate it. Commissioner Teele: That you are making the appointment. Will you second the appointment, Mr. -- Maritza -- Commissioner Sanchez: I second Maritza Gutierrez. Commissioner Teele: It is moved and second. Is there objection? All those in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Chairman Regalado, who moved its adoption: RESOLUTION NO. 02-423 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY ("MSEA") 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: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Commissioner Teele: Now, those are two amendments to the basic resolution. A motion on the resolution? Would you move the basic resolution, with the two amendments? Chairman Regalado: Right. I so move, Mr. Chairman. Commissioner Teele: Commissioner Sanchez, will you second? 46 April 18, 2002 Commissioner Sanchez: Second. Commissioner Teele: Motion. All in favor say "aye." The Commission (Collectively): Aye. Commissioner Teele: All opposed? The following motion was introduced by Chairman Regalado, who moved its adoption: MOTION NO. 02-424 A MOTION AMENDING RESOLUTION 02-318 BY (1) RESCINDING THE APPOINTMENTS OF SAM GENTRY AND MARIANNE SALAZAR; AND (2) CONFIRMING THE APPOINTMENT OF MARITZA GUTIERREZ. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele. Jr. NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Commissioner Teele: Now, I just want to be clear on one thing. I don't know why we did what we did, but at the next meeting, on the 25th, if Commissioner Winton wants to do anything with his two appointees, he will be free to do it. And I think it's best that he make his appointments and so there's no confusion on that. Chairman Regalado: No. Arthur, what happened was that somehow, by mistake, one appointment that I did got into the resolution of the two appointments that Commissioner Winton did. It was a mistake. Commissioner Teele: Then why isn't Commissioner Winton's appointments going forward today? Chairman Regalado: No, because he doesn't want to appoint nobody today. Commissioner Teele: OK. That's -- Chairman Regalado: That's what we're doing. Commissioner Teele: That's where we are right now. Chairman Regalado: He will appoint whoever he wants, whenever he wants. Mr. Maxwell: The first resolution -- what Commissioner Winton wanted to do was to rescind the appointments that he made -- 47 April 18, 2002 Commissioner Teele: That's what we did. Chairman Regalado: Right, Mr. Maxwell: -- earlier. Chairman Regalado: But this whole thing -- Mr. Maxwell: And that was done. Chairman Regalado: This whole thing -- because it -- by mistake, one of my appointments -- Mr. Maxwell: That's right. Chairman Regalado: -- fall in that resolution. And that's what we did. Mr. Maxwell: That's right. At the time we gave you the information, we were unaware that Maritza Gutierrez was a part of that resolution. Chairman Regalado: Right. Mr. Maxwell: So, what we were trying to do was correct that mistake. 48 April 18, 2002 21. FIRST READING ORDINANCE: SUNSET CITY BUDGET AND FINANCES REVIEW COMMITTEE; REPEAL SECTION 18-5 AND AMEND SECTION 2-892 OF CITY CODE. Chairman Regalado: OK. We have Item 16, a first reading ordinance. Is -- OK. I understand that Commissioner Gonzalez had mentioned the other day that he had some comments on this. He did mention something, I remember. I'm not sure what he was -- Item 16 is about -- Commissioner Sanchez: I believe he would like to discuss that item. Chairman Regalado: So, we are -- is he here in the building? Commissioner Sanchez: He's in his office. Commissioner Teele: Let's take up the next one. Commissioner Sanchez: Let's take up the next one. 18. Chairman Regalado: OK. Commissioner Sanchez: Eighteen. Commissioner Teele: I move Item 18. Chairman Regalado: If not, we'll defer to the next question. First reading ordinance, sunsetting the City of Miami Budget and Finance Review Committee. Commissioner Sanchez: That's not 18. Chairman Regalado: It's been moved -- Commissioner Teele: Which one is that? Commissioner Sanchez: That's not 18. Chairman Regalado: Seventeen. Seventeen. Item 17. Commissioner Sanchez: So move. Commissioner Teele: Here. What are we doing? Who's the Budget Director on this? What are we doing and why? Marcelo Penha: Marcelo Penha, Interim Director, Management and Budget. It's sunsetting a board that has duplicate functions of two other boards, Finance Review Committee and offhand, I can't think of the second board. Commissioner Teele: Second the motion. Chairman Regalado: OK. We have a motion and a second. Read the ordinance. Roll call. 49 April 18, 2002 An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION SUNSETTING THE CITY OF MIAMI BUDGET AND FINANCE REVIEW COMMITTEE; MORE PARTICULARLY BY REPEALING SECTION 18-5 IN ITS ENTIRETY AND AMENDING SECTION 2-892 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Sanchez, seconded by Commissioner Teele, and was passed on first reading, by title only, by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Vice Chairman Johnny L. Winton The ordinance was read by title into the public record by the Deputy City Attorney. 50 April 18, 2002 22. WITHDRAW CONSIDERATION OF PROPOSED ORDINANCE ON FIRST READING TO AMEND CODE TO ESTABLISH AND MODIFY GENERAL PERMITTING REQUIREMENTS FOR SIDEWALK VENDORS. Chairman Regalado: Commissioner Gonzalez is back. We are going to take Item 16. It's a first reading ordinance. It's Code Enforcement, streets and sidewalks, in general, and sidewalk and street vendors. Commissioner Sanchez: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Sanchez: If I could be recognized on this item, before Commissioner Gonzalez tears it apart, I just -- I have some questions on it. One is, would we be prohibiting any vendors to sell on our streets, the item? Dennis Wheeler: Dennis Wheeler, Director of NET (Neighborhood Enhancement Team). If I understand your question, if a vendor or someone applies for a permit, no, we would not be prohibiting anybody. Commissioner Sanchez: In other words, they could still sell. They would have to get a permit. And there would be specific areas? Mr. Wheeler: Correct. Commissioner Sanchez: For their safety, as well as the safety and the liability of the City, that this was established. I mean, that's what I got. One is, we continue to focus on the quality of life issue in the City of Miami. And we basically have seen -- I have personally seen people that continue to sell, whatever items may be, but they block the sidewalk, which is the public right-of-way, and in many cases, they're in position where they could literally get hurt. And also, if they do get hurt, then there's a possibility also that the City of Miami is therefore sued and we end up being in litigation in the process. So, what this ordinance does, and correct me if I'm wrong, it give us the leeway of safeguarding the City from liability and also putting regulation uniformity in the process. Now, correct me if I'm wrong, Mr. Wheeler. Mr. Wheeler: You are correct. The only thing that this ordinance prohibits is vending in residential neighborhoods. Commissioner Sanchez: OK. Thank you. Commissioner Gonzalez: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Gonzalez: OK. I'm not going to tear this ordinance apart, but I'm going to express my point of view. The City of Miami is the poorest city of the United States, recognized by the census, by everyone. OK. We have hundreds of people that bring their food to their tables selling lemons, selling oranges, selling flowers, and doing all of this type of work. An ordinance that would prohibit these people from doing the work that they're doing to sustain their families is sending these people to start selling crack or selling drugs or doing other illegal activities. I understand that this ordinance calls for any of these vendors to have a cart to display their merchandise, not all of these people are going to -- if we -- if that's the thing, then we are going to have carts all over the City of Miami on the sidewalks because we're not going to be allowing them to put the carts on the street. This ordinance, I believe, that 51 April 18, 2002 based on the first amendment, will allow the newspapers to keep selling their papers on the middle of the street. I know a vendor that stands in the middle of the street on Northwest 37th Avenue and 7th Street selling a newspaper everyday, every morning. And I see him because I drive by everyday. Also, we have the peddlers that be out there collecting money from the cars at the traffic lights. So, unfortunately, I can't support this because these -- we have the highest unemployment. We are the poorest city, the City of Miami. We have people coming to this community from every country, everyday by thousands and we don't have employment. And the only way -- and the problem is, most of these people, even if they wanted work anywhere else, they don't have working permit. Immigration is not allowing them to get their permits. But we allow them to come to this country and we allow them to come to this City and we allow them to come to this state. And the only way that they have to be out there and to make a living is selling. So, I'm telling you now that I'm going to vote against this ordinance. Thank you. Chairman Regalado: You're welcome. Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: I would move that the item be withdrawn. Chairman Regalado: OK. We have a motion. Commissioner Gonzalez: Second. Chairman Regalado: It's been second. Commissioner Teele: On discussion, Mr. Chairman Chairman Regalado: Yes, sir. Commissioner Teele: Mr. Chairman, I think Commissioner Gonzalez makes a very good point. I will consistently say that in this City, we cannot adopt citywide policies one size fits all in every case. Some neighborhoods are different. It's very clear that the custom and usage in certain neighborhoods, Little Haiti being one, maybe Allapattah in some cases being another, where you have people from different nationalities, different cultures, we've got to respect those. We talk about celebrating diversity. Celebrating diversity implies the kinds of things that Commissioner Gonzalez is raising. In requesting withdrawal of this item, I don't mean to send a signal that there should not be overlay areas, overlay areas in which this activity is prohibited or severely curtailed. I agree with everything that Commissioner Gonzalez says., I'm not sure I support what we're doing now for example in front of the American Airlines Arena. And I remember when Commissioner Gort and others brought this item up. And I told them then, I said, guys, you know, I understand everybody's got constituency. I happen to think that it cheapens and undermines the investment that people make in real estate and in code enforcement, in code compliance when you've got vendors out there selling in front of vendors that have investing hundreds of thousands of dollars. And, so, in not supporting this as a citywide ordinance, I'm encouraging the Planning Department and the NET administration to seek appropriate overlays where this activity -- these activities are severely curtailed if not prohibited. And so I want to be very clear that it's not like you can do anything you want to all over in Miami. That's not the message I'm trying to send. But I am trying to send the message that neighborhoods need to be respected, neighborhood traditions and patterns need to be celebrated, and we can do -- we can have it both ways if we apply a surgical approach to overlay districts in certain parts of our City, the Grove is a unique area. Brickell is a unique area. Overtown is a unique area. Omni is a unique area. I happen to think that the Wynwood marketplace is an area that 52 April 18, 2002 ought to have an overlay district of its own, Commissioner. I happen to think that the Wynwood marketplace -- and I will support any initiative you take, because I think we ought to promote this as the new farmers market for the urban core. I think we should do things in the Allapattah area that are done in conjunction with the Secretary of Agriculture and the U.S. Department of Agriculture. I think that's a unique area. And I think we ought to have goat and chicken and ostrich and all kinds of things that people want. This may be the only place in America where you can go and get ostrich tails or ostrich feathers or whatever. We don't need to sell that on the steps of the Cathedral downtown. And, so, we do need to have overlay districts. We need to respect the NET process and the planning process. And I'm supporting the notion that we should celebrate diversity. And in celebrating diversity, this kind of ordinance that would be apply citywide, I think, collides with where I want to be. And so I'm appreciative, Commissioner Gonzalez, of your approach. Commissioner Gonzalez: Mr. Chairman. Chairman Regalado: Thank you very much. Yes, sir. Commissioner Gonzalez: Commissioner Teele, I happen to agree with you and you're eloquent, as always, and with good arguments. If the ordinance would have been proposed in the context that you have just spoken about, I assure that I would be one to support it. Because I believe exactly what you just said. Respect, mutual respect. But I cannot vote on something that is imposed in every neighborhood of the City of Miami, because your neighborhood and my neighborhood and Little Havana are areas where we find the most poverty and where we find people that are trying to strive to make a living. And then if we have -- we have these people selling drugs, we criticize them because they're selling drugs or because they're stealing. But you have a family that you have to support and you have kids that you need to put food on their tables, you've got to find a way to find that food. So, I thank you very much, Commissioner Teele, for your support. Chairman Regalado: OK. Commissioner Sanchez: But this is only for residential areas, correct? Chairman Regalado: No, it's not. It's citywide. Commissioner Sanchez: Citywide? Mr. Wheeler: This is a citywide ordinance. It prohibits the sell -- Commissioner Sanchez: -- sell on residential -- Mr. Wheeler: -- of peddling in residential neighborhoods. You can still -- with a license and a permit, you can still peddle or vend in a commercial area. Commissioner Sanchez: You know, I could defer the item. But I'm telling you, it's something that sooner or later we'll have to deal with because it continues to be a problem in our City. We have made great strides in the quality of life issues in the City. But this is one that if we do not somehow, whether it's -- through whatever process is done, we don't take care of it, it's just going to get worse and worse and worse. Because they're panhandlers that are fixtures in intersections. I mean, these people are making their lives in that intersection. But, once again, it's an eyesore. You know, people come to Miami. They complain about two things: One is the taxis, in some ways. And there's good taxis and bad taxis. But the other is panhandlers. They're everywhere. Selling of items, you know -- and I elaborated on what we talked about. Sooner or later, we're going to have to deal with this issue, period. 53 April 18, 2002 Mr. Wheeler: Mr. Chairman, if I may clarify something. In residential neighborhoods, it is still OK for a motorized vehicle to travel through that residential neighborhood to peddle their goods. But they're not allowed to park or set up a cart in a residential neighborhood. Chairman Regalado: OK. I just want to say something. I mean, I'm -- I don't really want to brag about what I've done in my life. I've done most everything I wanted and because of my work, I did 12 years as a member of the White House Press Corps. I have been fortunate because I have visited many of the important cities of the world, and I will tell you, Commissioner Arthur Teele is so right. When a City wants to be an international or cosmopolitan city, as we say we want to be, it has a lot of diversity and it has a lot of areas that cater to different things. Now, if you go in Paris to the river bank, you will see that they will sell you oysters off the river, but that is not allowed in the Champs Elysees. If you go to London, you can buy the hot potatoes off the street vendor in the park section, but you cannot do that around the Buckingham Palace. If you can all go to Lahaye, you can buy the salted fish of the vendors in the sand, in the fish, but you cannot do that in the middle of the city in Rome. I mean, if we really want to be a cosmopolitan international city, this same things -- this diversity will help us in the tourist trade because it's something that we need to show. And I just think it's wrong to use one rule to measure, you know, one city. I understand the political clout that the Coconut Grove area has and the way the administration responds to Coconut Grove, but you know, you guys have to think big. You guys have to think citywide, community wide and the different communities and the different cultures that we have in this area. So, are we withdrawing, deferring? What are we doing? Commissioner Teele: Motion to withdraw -- Chairman Regalado: Motion to withdraw. Commissioner Teele: It has a motion and a second Chairman Regalado: And a second. Commissioner Teele: I just like to say one thing. There was a song when I was growing up called "Hey, watermelon man." Sort of a calypso song. That was a song about people who lived in a neighborhood trying to stop the guy to buy watermelons from. I mean, there is a certain unique -- look, there are certain areas where you're not going to have people selling anything in residential areas. The marketplace sort of gets it. There are going to be some fringe areas where we're going to have some problems, but we've just got to work with NET to do it. But there are a lot of areas in this community that appreciate the lime guy coming by, they appreciate, you know, this going by. And I'll tell you, in Overtown, in neighborhoods, one of the biggest things are these catering trucks that come through, you know. It's a great business. So, I just think this should not be viewed as a rebuff in terms of what it is we're trying to do. We want to work neighborhood by neighborhood. And in some areas, we may have greater enforcement and in other areas, we may not have the level of intensity. But the fact of the matter is that we are sending a message not that we want to -- we don't support the administration. At least, I support what the administration is trying to do, but it can't be a one size fits all. We've got to try to figure it out NET by NET. So, I would call the question, Mr. Chairman. Chairman Regalado: OK. All in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved its adoption: 54 April 18, 2002 MOTION NO. 02-425 A MOTION TO WITHDRAW CONSIDERATION OF PROPOSED ORDINANCE ON FIRST READING TO AMEND CODE TO ESTABLISH AND MODIFY THE GENERAL PERMITTING REQUIREMENTS FOR SIDEWALK VENDORS. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele. Jr. NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Chairman Regalado: The ordinance -- the motion passes. Carlos Gimenez (City Manager): Mr. Chairman. Commissioner Teele: The motion passes to withdraw the item. Chairman Regalado: Withdraw the item. Commissioner Teele: Rather than defeating it. I mean, so -- you know, you can figure out a better way to Mr. Gimenez: Mr. Chairman. Chairman Regalado: Yes, sir. Mr. Gimenez: We'll take your comments into consideration. We will be coming back to you individually and then we will -- I think it's a good idea to do the -- an overlay in the areas that we can. Areas that we can't, we'll come back with a better ordinance. Thank you. Commissioner Gonzalez: Thank you. Now I can say that I -- if I lose my job, I can go back to selling lemons on Flagler and 27th. Chairman Regalado: Well, probably an over -zealous code enforcement inspector will get you off the streets. Commissioner Gonzalez: They will give me a ticket, if they see me doing that 55 April 18, 2002 23. FIRST READING ORDINANCE: AMEND SECTION 54-223 OF CITY CODE ENTITLED "STREETS AND SIDEWALKS/SIDEWALK CAFES," TO ADDRESS ADVERSE ECONOMIC IMPACT ON BUSINESSES DUE TO SEPTEMBER 11, 2001 TRAGEDY. Chairman Regalado: Now we have an ordinance that is the right thing to do. I don't know who came up with this, but -- I mean, it's really late. However, -- but we should have voted on this four months ago. But, you know, it's better late than never. We have a first reading ordinance regarding the street and sidewalk cafes. It's to address adverse economic impact on businesses due to 9/11 by reducing the annual sidewalk cafe permit fee by 50 percent. Do we have a motion? Item 18. Commissioner Sanchez: So move, Mr. Chairman. Commissioner Gonzalez: Second. Chairman Regalado: It's been moved and second. Commissioner Sanchez: How long is it? Chairman Regalado: Huh? Commissioner Sanchez: How long is it? How much we're waiving 50 percent how long? Chairman Regalado: Just -- Commissioner Sanchez: What is the period? John Jackson (Acting Director, Public Works): John Jackson, Director of Public Works. There's not a limit on it. It's reducing the 50 percent from twenty dollars ($20) a square foot down to ten dollars ($10) a square foot. Commissioner Sanchez: OK. Mr. Jackson: Which is in line -- I might say that we did some research. It's in line with Miami Beach and South Miami for their sidewalk cafe fees. Chairman Regalado: OK. Read the ordinance. Roll call. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54, ARTICLE 6, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED STREETS AND SIDEWALKS, SIDEWALK CAFES, TO ADDRESS THE ADVERSE ECONOMIC IMPACT OF BUSINESSES DUE TO SEPTEMBER 11, 2001 TRAGEDY, BY REDUCING THE ANNUAL SIDEWALK CAFE PERMIT FEE BY 50 PERCENT AND (2), ESTABLISHING A ONE-TIME CREDIT OF 50 PERCENT AND (3) PROVIDING FOR A 12 -MONTH PAYMENT PROGRAM FOR DELINQUENT ACCOUNTS; MORE PARTICULARLY BY AMENDING SECTION 54-223 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 56 April 18, 2002 Was introduced by Commissioner Sanchez, seconded by Commissioner Gonzalez, and was passed on first reading, by title only, by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Vice Chairman Johnny L. Winton The ordinance was read by title into the public record by the Deputy City Attorney. Commissioner Sanchez: Well, you could tell we're a kinder and gentler City. Chairman Regalado: That's the way it should be. 57 April 18, 2002 24. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF AN EMERGENCY, WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND ISSUING PURCHASE ORDER TO ACQUIRE FIRE LADDER PARTS AND SERVICES TO REPAIR "SQUIRT 10" FOR DEPARTMENT OF FIRE -RESCUE FROM TEN -8 EQUIPMENT, INC., $6,620.91. Chairman Regalado: Item 19, Department of Fire -Rescue. It needs a four-fifths vote. A resolution -- Commissioner Sanchez: So move, Mr. Chairman. Commissioner Teele: Second. Chairman Regalado: It's been moved and second. Public hearing? Being none from the public, all in favor say "aye." OK. One "no." Resolution Item 20, it didn't pass. Priscilla Thompson (City Clerk): Thank you. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION - FAILED Upon being seconded by Commissioner Gonzalez, the resolution failed without a four/fifths vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: Commissioner Joe Sanchez ABSENT: Vice Chairman Johnny L. Winton Chairman Regalado: It didn't pass. OK. Defeated, Item 19. Item 20, it needs a four-fifths vote. Commissioner Teele: Whose department is it? Chairman Regalado: It's a -- Commissioner Sanchez: Come on. We want to get out of here early today. Chairman Regalado: I don't know. Commissioner Teele: Mr. Chairman, I would -- Commissioner Sanchez: Withdraw. Commissioner Teele: I'd move to reconsider the previous item. Chairman Regalado: OK. It's a motion to reconsider. Commissioner Sanchez: Second. 58 April 18, 2002 Commissioner Gonzalez: Second. Chairman Regalado: It's been move second. All in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 02-426 A MOTION TO RECONSIDER PRIOR VOTE TAKEN ON PROPOSED RATIFICATION, APPROVAL AND CONFIRMATION OF THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND ISSUING PURCHASE ORDER TO ACQUIRE FIRE LADDER PARTS AND SERVICES TO REPAIR "SQUIRT 10" FOR THE DEPARTMENT OF FIRE -RESCUE FROM TEN -8 EQUIPMENT, INC. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele. Jr. NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Chairman Regalado: Now, we can reconsider. Item 19. Commissioner Sanchez: (INAUDIBLE) nobody second that. Commissioner Teele: I move Item 18. Commissioner Sanchez: Second. Chairman Regalado: No, 19. Commissioner Teele: Nineteen. Chairman Regalado: Nineteen. Item 19, it's been moved and second. All in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 02-427 59 April 18, 2002 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND ISSUING PURCHASE ORDER NO. 229119 TO ACQUIRE FIRE LADDER PARTS AND SERVICES TO REPAIR "SQUIRT 10" FOR THE DEPARTMENT OF FIRE - RESCUE FROM 10-8 EQUIPMENT, INC. IN AN AMOUNT NOT TO EXCEED $6,620.91; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 001000.280601.6.70 2. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Vice Chairman Johnny L. Winton 60 April 18, 2002 25. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND ISSUING PURCHASE ORDER TO ACQUIRE REPAIR SERVICES FOR "FOAM 1" FOR DEPARTMENT OF FIRE -RESCUE FROM TEN -8 FIRE EQUIPMENT, INC., $9,962. Chairman Regalado: Item 20. It needs a four-fifths vote. Commissioner Teele: So move, Mr. Chairman. Commissioner Sanchez: Second. Chairman Regalado: It's been moved and second. All in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 02-428 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND ISSUING PURCHASE ORDER NO. 229113 TO ACQUIRE REPAIR SERVICES FOR "FOAM 1" FOR THE DEPARTMENT OF FIRE -RESCUE FROM 10-8 FIRE EQUIPMENT, INC., IN AN AMOUNT NOT TO EXCEED $9,8962; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 001000.280601.6.670. (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: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Vice Chairman Johnny L. Winton 61 April 18, 2002 26. DISCUSSION OF PROPOSED AUTHORIZATION TO PAY MIAMI-DADE COUNTY $8,495,310.75 FOR ONE YEAR FOR DISPOSAL OF CERTAIN SOLID WASTE COLLECTED IN AND BY CITY. Chairman Regalado: Item 24 has been done already. Item 30 -- OK. Commissioner Gonzalez: It's done already. Priscilla Thompson (City Clerk): Item we're on 20 -- Chairman Regalado: Item 29, Department of Solid Waste. I'm sure you like that, Commissioner Teele. Payment to the County. Item 29. Authorizing the City Manager to pay eight million dollars to the County. Unidentified Speaker: Wow. Chairman Regalado: It's a resolution. Commissioner Gonzalez: Do we have to approve? Chairman Regalado: No, you don't have to approve it. Actually, you don't have -- if I ask you do we have a motion and you -- you're quiet -- Commissioner Teele: What's the next item? Chairman Regalado: The next item -- Commissioner Gonzalez: That isn't going to be my motion, I can guarantee you that. 62 April 18, 2002 27. APPOINT RAYMOND MC ELROY AND DORIS SCHEER AS REGULAR MEMBERS OF PLANNING ADVISORY BOARD. Chairman Regalado: Item 30, we did that, the civilian panel, the nominating committee. Item 21, the Planning Advisory Board. Priscilla Thompson (City Clerk): Thirty-one. Chairman Regalado: Thirty-one. We need to appoint members. I have to appoint two members. Commissioner Teele needs to appoint two members. Commissioner Winton is not here. We'll defer his to the 25th. Commissioner Teele, you have appointments? Commissioner Teele: To which board? Chairman Regalado: Planning Advisory Board, sir. Commissioner Teele: Not at this time. Chairman Regalado: OK. Can you chair so I can move my appointment? Commissioner Teele: I will, sir. Chairman Regalado: Yes. I have a motion to appoint as member of the Planning Advisory Board, Raymond Mc Elroy and Doris Scheer. Commissioner Teele: It's a motion. Is there a second? Commissioner Gonzalez: Second. Commissioner Teele: Is there objection? All those in favor say "aye." The Commission (Collectively): Aye. Commissioner Teele: Those oppose have the same right. The following resolution was introduced by Chairman Regalado, who moved its adoption: RESOLUTION NO. 02-429 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS REGULAR MEMBERS OF THE PLANNING ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 63 April 18, 2002 Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Vice Chairman Johnny L. Winton 64 April 18, 2002 28. APPOINT ANGEL URQUIOLA, CHARLES GARAVAGLIAB AND FREDERICK BURNS AS MEMBERS OF ZONING BOARD. Chairman Regalado: Can you keep chairing? Commissioner Teele: Yes, sir. Chairman Regalado: I have a motion on item 32, to appoint for the Zoning Board, Angel Urquiola, and Charles Garavaglia. Commissioner Teele: Moved -- Commissioner Gonzalez: Second. Commissioner Teele: Is there -- is there objection? All those in favor say "aye." The Commission (Collectively): Aye. Commissioner Teele: Those opposed have the same right. Unanimously adopted. The following motion was introduced by Chairman Regalado, who moved its adoption: MOTION NO. 02-430 A MOTION APPOINTING ANGEL URQUIOLA AND CHARLES GARAVAGLIA AS MEMBERS OF THE ZONING BOARD. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele. Jr. NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Commissioner Gonzdlez: Mr. Chairman, I have an appointment on 32. Commissioner Teele: You're recognized. Commissioner Gonzalez: To the Zoning Board, my appointment is Frederick Burns. Commissioner Teele: Is there a second? Chairman Regalado: Yes, second. 65 April 18, 2002 Commissioner Teele: Is there objection? Is that Mr. Fred Burns? Chairman Regalado: Yes, it is. Carlos Gimenez (City Manager): Yes, sir. Commissioner Teele: That's a wonderful man. All in -- Chairman Regalado: He used to be a member of the Zoning Board back in the 60s and the 70s. He's coming back. Commissioner Sanchez: Where are we at? Commissioner Teele: On Mr. Burns. Commissioner Gonzalez: Frederick Burns, my appointment to the Zoning Board. Commissioner Teele: All those in favor of Commissioner Gonzalez appointment of the distinguished Mr. Burns, say "aye." The Commission (Collectively): Aye. Commissioner Teele: Those opposed have the same right. Unanimously adopted. The following resolution was introduced by Commissioner Gonzalez, who moved its adoption: RESOLUTION NO. 02-431 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS REGULAR MEMBERS OF THE ZONING 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 Chairman Regalado, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Chairman Regalado: You have an appointment, sir. Commissioner Teele: No appointments. Commissioner Sanchez: Appointments to what? 66 April 18, 2002 Chairman Regalado: To the Zoning Board. You don't have an appointment just yet. 67 April 18, 2002 29. APPOINT LUIS PALOMO, MELINE JOSEPH, LEE COHEN, AND ALFREDO RICHARD AS MEMBERS OF CITY ARTS AND ENTERTAINMENT COUNCIL. Chairman Regalado: The City of Miami -- this is the new City of Miami Arts and Entertainment Council. Commissioner Gonzalez: Where are we? Chairman Regalado: Item 33. Commissioner Teele: Now, this is going to be a powerful council, right? Chairman Regalado: It is going to be a very powerful council, if the people really work. And I think that we can bring movies and TV programs to the area, plus other activities. I think that this council is really - - I wanted to change because the old board did not really -- Commissioner Teele: What did this board replace, Mr. Chairman? Chairman Regalado: The Cultural and Fine Arts Board. Commissioner Teele: Let me see who my appointment -- Commissioner Sanchez: Well, I'm prepared to make an appointment. Chairman Regalado: OK. Let's start the appointment process. Commissioner Sanchez. Commissioner Sanchez: Mr. Chairman, I would like to appoint Luis Palomo. He's a resident of the City and he also has his business promotion -- production business in the City of Miami on Coral Way and 13th. So move. Commissioner Teele: Second. Chairman Regalado: It's been moved and second. Let me say that people like what Commissioner Sanchez has just-- appointment are the ones that we need for this board. Mr. Palomo is a film maker, an artist, and he really understands what this is all about. So, we need to -- Commissioner Teele: How many appointees do each of us get? Chairman Regalado: One. I have two. The Chairman has two and the Mayor has two. I mean, the Mayor has five. And each Commissioner has one. So, you have one appointment, sir. Commissioner Teele: Mr. Chairman, I would appoint Merlene Joseph to the board. She's the artistic producer of the Roots and Culture Festival each year. Commissioner Gonzalez: Second. Chairman Regalado: Great. Let me tell you, that is something that this board needs to deal with. Because -- you know what, I just -- I would just like to mention. I used to work in the Washington Press Bureau with a person who now is the vice president of Phillip Morris. And this person told me that they are eagerly looking for a culture -- you know, festivals throughout the country to -- you know, there in this process of the PR, but they want to focus on cultural events throughout the -- so, you know -- 68 April 18, 2002 Commissioner Teele: If you give me the name, I'd like to -- Chairman Regalado: I will do that. So, we have a motion and a second. All in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Sanchez, who moved its adoption: MOTION NO. 02-432 A MOTION APPOINTING LUIS PALOMO AND MELINE JOSEPH AS MEMBERS OF THE CITY OF MIAMI ARTS AND ENTERTAINMENT COUNCIL. Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele. Jr. NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Chairman Regalado: It's been appointed. Commissioner Teele: That's the two names that were appointed, Commissioner Sanchez and mine. The only two that went forward. Chairman Regalado: Can you chair so I can -- Commissioner Teele: Recognizing additional appointments to the board. Commissioner Gonzalez, did you have one? Commissioner Gonzalez: No. I'm going to defer mine, Commissioner. Commissioner Teele: Commissioner -- Mr. Chairman, Regalado. Chairman Regalado: OK. My two appointments are Lee Cohen and Alfredo Richard. Commissioner Gonzalez: Second. Commissioner Teele: Is there objection? All those in favor say "aye." Chairman Regalado: Thank you very much, Mr. Chairman. 69 April 18, 2002 The following resolution was introduced by Chairman Regalado, who moved its adoption: RESOLUTION NO. 02-433 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CITY OF MIAMI ARTS AND ENTERTAINMENT COUNCIL 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: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Vice Chairman Johnny L. Winton 70 April 18, 2002 30. APPOINT MILAGROS LOYAL AS MEMBER OF HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD. (See #32) Commissioner Teele: Would someone -- Chairman Regalado: I need to appoint -- now that you're chairing -- one person, the second appointee on 33-A, the Homeland Defense Neighborhood Improvement Bond Program. Commissioner Teele: You're recognized, Mr. Chairman. Chairman Regalado: I have a motion to appoint Milagros Loyal as the representative of District 4 in the Bond Oversight Committee Commissioner Gonzalez: Second. Commissioner Teele: Is there objection? All those in favor say "aye." All those opposed have the same right. The following motion was introduced by Chairman Regalado, who moved its adoption: MOTION NO. 02-434 A MOTION APPOINTING MILAGROS LOYAL AS A MEMBER OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele. Jr. NAYS: None. ABSENT: Vice Chairman Johnny L. Winton 71 April 18, 2002 31. BRIEF DISCUSSION REGARDING MAYOR DIAZ'S APPOINTMENT TO ARTS AND ENTERTAINMENT BOARD. Commissioner Teele: Mr. Chairman, is it inappropriate for us to hope out loud that the Mayor would appoint Eugene Rodriguez, the owner of Big Time Productions, to the Arts Board? Chairman Regalado: The Mayor was there, as you remember, and he was very impressed with what Eugene has done. And I wonder, how do we do this from the Mayor? He needs to send that to the City Clerk, so -- if they're listening -- Commissioner Teele: If there's anybody listening in the Mayor's office? Chairman Regalado: Anybody listening up there, Eugene Rodriguez -- Commissioner Teele: Would be a great appointment. Chairman Regalado: It would be a great appointment. And, by the way, that is -- that is a person who can really bring something to it. One of my appointments is the vice president of Venezuelan Network that now is based in Miami, and who want to start local programming -- filming local programming here. OK. Commissioner Teele: Next item, Mr. Chairman. Did you have any -- Commissioner Sanchez: No. We're still on Defense Neighborhood Improvement Bond. Chairman Regalado: No. I'm done with my appointment. Commissioner Teele: You have an appointment? Commissioner Sanchez: Yes, sir. 72 April 18, 2002 32. APPOINT MILAGROS LOYAL, ORLANDO AEDO AND DAVID MARCO AS MEMBERS OF HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD. (See #30) Commissioner Sanchez: I would like to appoint two City residents, Orlando Aedo -- that's A -E -D -O -- and David Marko. Commissioner Gonzalez: Second. Chairman Regalado: It's been moved and second. All in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 02-435 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: Chairman Tomas Regalado Commissioner Angel Gonzdlez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Vice Chairman Johnny L. Winton. Chairman Regalado: Commissioner Teele, you have one appointment to the Homeland. Commissioner Sanchez: Madam Clerk, did you get those names? Commissioner Teele: I'll pass at this time. This is the new address. Chairman Regalado: OK. Commissioner Teele will defer his appointment on the Homeland Bond Program Oversight Board. Mayor Diaz has three appointments. Vice Chairman Winton has one appointment. 73 April 18, 2002 33. ORAL PRESENTATION BY CHAIRPERSONS OF MIAMI SPORTS AND EXHIBITION AUTHORITY AND WATERFRONT ADVISORY BOARD. MANAGER AND CITY ATTORNEY TO SCHEDULE ON OF APRIL 25, 2002 COMMISSION MEETING AGENDA APPROPRIATE LEGISLATION TO RESTRUCTURE MIAMI SPORTS AND EXHIBITION AUTHORITY (MSEA). Chairman Regalado: We have -- the other day we did the Community Relations Board. The Cultural and Fine Art Board, we didn't do. The Health Facility was cancelled. And Miami Sports and Exhibition Authority is done. Waterfront Advisory Board. Mr. Parente, you want to do your report? Go ahead, sir. Robert Parente: Thank you, Mr. Chairman, Commissioners. Filing this report of the City of Miami -- Robert Parente, Chairman, City of Miami's Waterfront Advisory Board. Here's our report, City Code Section 2890. The Waterfront Advisory Board, as you know, is responsible for reviewing and evaluating all plans and issues relating to the use and development of City -owned waterfront property. We provide advice to you, the City Commission, concerning such issues. We also work closely with the City Manager and his staff. Following some of the highlights over the year 2001/2002 -- excuse me, 2000, 2001. In Coconut Grove, we're undertaking a major study of the anchorage in the Dinner Key basin. The anchorage committee of the Waterfront Advisory Board hosted a tour of the waterfront for the City Manager's senior staff, the Chief of Police and the senior command. The study group, operating under the name of the Technical Assistance Team, is comprised of over 30 individuals representing a wide range of marine industry and recreational expertise. Don Kern, environmental specialist with the Department of Environmental Protection from the State of Florida, heads up the team, which is divided into eight committees. A comprehensive study is due to be submitted at the end of this month. When completed and distributed, the next step would be for the Waterfront Advisory Board to convene a series of public meetings, reminiscent of the effort to study the future of Bicentennial Park. The ideal result will be a Comprehensive Master Plan that incorporates the future years and integration of the Exhibition Center, the Marina, the Coconut Grove Sailing Club, City leased properties and adjacent City parks. This year we also hosted public forums and meetings, such as the Olympic Sailing Center in Kennedy Park, the removing of derelict vessels, dredging of the Dinner Key basin and channels, the finalizing of improvements to the Seminole boat ramp, the status of capital improvements and programs at Shake -A - Leg and the YMCA (Young Men Christian Association), and the ongoing saga that is the project known as Grove Harbor Marina. At the very least, we provide a forum for interested citizens to be seen and heard and become involved in issues that affect the waterfront. Other areas we also have dealing with are Virginia Key. We've held future meetings (sic) regarding the future use of marine stadium. In November, members of the City's Department of Real Estate and Economic Development made a presentation to the Waterfront Board. The presentation covered existing uses of the land, possible rezoning of some areas, and current conditions of the structures on the site. A future meeting is planned. Members of the Waterfront Advisory Board pushed for the creation of a master plan for all of Virginia Key before any rezoning took place. At Watson Island, the Waterfront Advisory Board has always supported development of a mega yacht marina on the island, and carefully monitored the RFP (Request for Proposal) process and resulting public meetings. I served on the selections committee, as the liaison between the Waterfront Board and that committee. We've also been actively monitoring the ongoing development of the Aviation and Visitors Center, the Children's Museum and improvements to the Watson boat ramp. We've been involved in the Miami River. We heard from the Miami River Coordinating Committee. And we've supported their efforts to restore the river to its past glory. We've heard their plans to bring in the Miami River Greenway Plan and pass the motion supporting its adoption. In order to stay on the same page, we're holding joint meetings with the City's Parks Advisory Board. Several City parks are also waterfront property. So, we have overlapping interests. Several small — break-- several smaller break up meetings are to occur with more in the future to promote projects and 74 April 18, 2002 ideas and mutual interests. Other groups we work with are the Florida Fish and Wildlife Conservation Commission, Army Corps of Engineers, Managers of the City's marinas, the City of Miami Marine Patrol. Outlook for next year. We're going to be holding an conducting a series of public meetings regarding the future of the Coconut Grove waterfront. This is with the blessing of that district's Commissioner. We will hold those as soon as the anchorage report is released. We're going to monitor the development of both the Grove Harbor and the Island Garden projects and keep an eye on the progress of the YMCA and the Shake -A -Leg ventures. To summarize, these are just some of the highlights of a very hard working team of people, proud to serve you and the citizens of our great City. Though only mandated to meet once a month, your Waterfront Board is now meetings twice a month, with the second meeting being a think tank section for board members, City staff and the public. And I want to thank Commissioner Sanchez for allowing us to use his conference room to hold that meeting. I'm proud to say that in all of our formal meetings last year, all 12, we've always had a quorum and we accomplished all this with almost no cost to the City. We would like to point out that we're blessed with the services of a dedicated City employee, Ms. Ivonne Paige, who serves as our City liaison. I daresay she's one of the hardest working liaisons in the City. She frequently works above and beyond the scope of her duties -- her regular duties to see that we have what we need to accomplish our work. A tip of the hat also goes to her supervisor, Christina Abrams, who's always quite generous in the time she allows Ms. Paige to spend on our behalf, and probably the most important thing I can tell you, the Commissioner, the keep in mind that these people who you've appointed to the Waterfront Board are your legislative aides that can help guide you on waterfront issues. They're the bridge between public input and your respective offices. Please use them in the next month, you're going to be asked to reappoint people or make new appointments, and I'm going to have, as a service to you, a chart showing attendance of all your members so you can make proper choices for the board. Please make sure -- I encourage them to meet with you monthly to bring you up to speed to you know what the issues are, because basically they can serve as your aides and bring you up to speed. Thank you very much. Any questions? No? Thank you. Chairman Regalado: Thank you. Commissioner Gonzalez: Thank you, Robert. Chairman Regalado: Thank you very much. Chairman Regalado: Miami Sports and Exhibition Authority, Jim Jenkins, Executive Director, with the annual report. Jim Jenkins: Thank you, Mr. Chairman. I'm Jim Jenkins, Miami Sports and Exhibition Authority, Executive Director, 701 Arena Boulevard. Here to give you an update on the activities of the board in calendar year 2001. The Miami Sports and Exhibition Authority was created on November 10, 1982, City of Miami Ordinance number 9527. It was amended to reflect its current structure on July 28, 1983 by the City of Miami Ordinance 9662, pursuant to Convention and Development Tax legislation, Florida Statute 212.057. The Authority's an independent autonomous agency and instrumentality of the City of Miami, established for the purpose of promoting sports, conventions and exhibitions and attracts sports franchises to utilize City facilities. The mission of the Miami Sports and Exhibition Authority is to facilitate and promote sports, conventions, exhibitions, entertainment, tourism and related activities that will contribute to the economic and social growth of the City of Miami. The format used follows criteria established by the Office of the City Clerk. Is the board serving the purpose for which it was created? The board is focused on a number of areas in 2001, which not only has followed the mission statement, but laid the cornerstone for future events and activities. These activities could provide a broader scope for MSEA (Miami Sports & Exhibition Authority) and the board, if developed further. As we continue evaluating programs through the board's finance project, exhibition and convention committees, we can reach out to our community resources and tap into the tourism hospitality industries in our City. This not 75 April 18, 2002 only add additional expertise to our team, but will support our code and provide even more experience in furthering MSEA's mission. Is the board serving current community needs? MSEA's been very active in 2001 in providing grants, as well as in kind services to numerous organizations and festivals. MSEA is contemplating an expansion in a development of management opportunities and business plans to position the agency in a more active infrastructure role. This could be valuable as the City studies the new Convention Center for revisiting the Marine Stadium or the Orange Bowl. MSEA was pleased to co- sponsor such community activities, as music fest Miami, Miami Cycling Classic, Miami Fusion, held at the Orange Bowl, Youth Soccer League Camp, with Miami Fusion, Soul Beach Music Fest, and the -- at the Miami Arena, and the free community holiday celebration, Magical Holidays. MSEA also provide a grant for in-kind services to festivals like the Haitian Festival, Brazilian Film Festival, Three Kings Parade and the Optimist Club awards. During the year, MSEA evaluated the Miami Arena management organization for productivity. An action plan was put in place for the MSEA staff to manage the arena after evaluating the company's performance. Is there any other board, either private or public, which could better serve the function of the board? Since MSEA's board is based on criteria established by Florida statute and funded be CDT (Convention Development Tax), no other board can serve the purpose of MSEA's board. Should the ordinance creating the board be amended to better enable the board to serve the purpose for which it was created? MSEA's role in sports entertainment and tourism should be broadened, incorporating ownership and sporting franchises, promoter activities and tourists, securing, as well as developing exhibitions for the City, and creating separate divisions to direct these efforts. Should the board membership requirements be modified? Board member appointments currently expire in one- year terms without term limits; therefore, Section 1013 needs to be looked at or amended in its entirety. The cost of direct and indirect of maintaining the board is fifty thousand dollars, approximately. That concludes my annual report. I certainly do appreciate the board's support. I appreciate the Commission's report -- support, and I'll be here to provide any questions that you might have. Thank you so much for your time. Chairman Regalado: Thank you. Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Gonzalez: Thank you. Commissioner Teele: Mr. Chairman, I'm very pleased that Mr. Jenkins is here. I had nothing to do with the selections of Mr. Jenkins. I want you to know that I have found Mr. Jenkins to be strictly from the private sector. He is innovative. He's direct. He has a strong sense of job -- sense of duty and I think his private sector approach is a great asset to MSEA. On the other hand, Mr. Jenkins needs a lot more support from the Manager's office -- Mr. Manager, I hope you'll personally listen to this. Mr. Jenkins needs a lot more support from the Manager's office in understanding how government works and how to interface with the governmental process. I think there have been a lot of cases where there have been miscommunications. They were unintentional, I would hope. But I do think that Mr. Jenkins needs a permanent liaison type person that is high enough from the Manager's office that communications can better flow. I think Mr. Jenkins is a tremendous asset to this City and I think the City is underutilizing Mr. Jenkins in the role that he is currently playing. I think there should be a much greater interface with MSEA and with Bill Talbert's organization than we have. I think there should be a lot more leveraging of dollars on behalf of the City, utilizing MSEA as our local share, if you will, and Talbert -- the money -- our other money that we give to the Hotel and Visitors' Bureau. We don't leverage nearly enough money for our programs, such as our advertising programs. I think we miss a lot of opportunities, particularly in Latin America and in the Caribbean and Haiti, by not really advertising some of the things. I am extremely concerned however, that Mr. Jenkins and the MSEA board don't understand and have not taken 76 April 18, 2002 the time to understand the empty face and the interplay between MSEA and all of the other component parts, and I think the management needs to review the resolutions that this board has passed that go back well over 90 days, in asking that there be a joint study and approach between MSEA and the City. Therefore, as a board member of MSEA, I had open-mouth astonishment and shock to learn that there was an item on the agenda that was not in the packet, that was not passed out, that purported to do three things: name an underwriter, name a bond counsel, and name a financial advisor for the purpose of beginning to negotiate with the County for an additional up to thirty million dollars for activities of MSEA. Now, on one hand, I think MSEA should be commended. On the other hand, I think MSEA should be brought into a planning and financial process, et cetera. I can't speak for but myself. But if there's one priority that I think there's going to be strong support on this Commission for, is that the Orange Bowl must be made a first class venue. And I think -- I think -- you know, it's not in my district, and it's not something that we -- you know, have ever discussed up here, but, you know, it's probably the one thing that the Mayor, the Commission and the Manager even as I saw the bond issue -- I could read between the tea leaves in you can't -- that there's support around this house for the Orange Bowl. I know for a fact -- and I'm going to say this publicly -- that there's been an orchestrated effort for over 12 years -- for over 6 years, since 1994 -- how long is that? Eight years? Carlos Gimenez (City Manager): Eight years. Commissioner Teele: Eight years to ensure that the Orange Bowl is never a first class facility. When I proposed in `94 that the MPO (Metropolitan Planning Organization) add a spur from the existing Civic Center, where the Metro -rail comes in and do a Peoplemover from the Civic Center to the Orange Bowl, very powerful people called me from all over South Florida, lobbyists called me, including lobbyists that are employed by the City, saying that that's a very bad idea. That this County -- this area doesn't need but one great facility. Now, I think that if we're going to do anything in terms of bond issues, that the County -- that the City Manager and the City Finance Department and the City Attorney need to walk in and provide advice, invited or uninvited, and I particularly think that our office of Convention -- and I never get the name right-- Convention and Marinas and all that-- needs to be a very important component to that, because that's where our Orange Bowl is staffed out of, that's where our Knight Center is staffed out of. If I have a personal preference, I think we ought to financially deal with the Knight Center and then the Orange Bowl. But I also think that that's more of a financial issue than a construction issue, and the construction issue is clearly the Orange Bowl. I also think there's a potential of building through MSEA funds, perhaps a soccer facility in this -- or having a soccer component of our Orange Bowl network for a professional soccer team. So, I don't think we ought to rush to this thing, although interest rates are going up, et cetera. But more to the point, -- and let me also say one other thing. I continue to be disturbed about the lack of affirmative action and equal opportunities on the executive staff of MSEA. And I'm through with it. As Forest Gump would say, "And that's all I'm going to say about that." I believe that the City Commission -- and I'm prepared to move, Mr. Chairman, if you will allow it -- will instruct the Manager -- the Attorney to come back at the next meeting, on the 25th, with an ordinance for two readings, that restructures the board of MSEA, by reducing the MSEA board from the current how much members? Mr. Jenkins: Eleven. Commissioner Teele: Eleven members to 7 members. By providing each Commissioner one appointment, including the right to self -appoint. The Mayor one appointment, including the right to self - appoint, designating the Mayor as the Chairman and in his absence, one Commissioner as Chairman; and further limiting the terms of all MSEA board members to four consecutive one-year appointments, including Commissioners. I think it's important that there be nobody that just sort of homesteads there, et cetera. That's just my ideas. And I would simply --I'll tell you what 1'd do. I'd rather --I will direct the Attorney to come forth at the meeting of November -- of April 25th with an ordinance that contains that. 77 April 18, 2002 We can debate it. We can discuss it. Just know that everybody's going to get a call saying don't support it. But I really do believe that the MSEA board needs to be far more in sync with this Commission and with this management and the best way to do that is to limit ourselves to one appointment, limit the Mayor to one appointment, and then have a seventh appointment that will be an outstanding citizen at large that will be nominated by the Mayor, and approved by the Commission. So, in effect, the Mayor gets one appointment and one nomination, and each of us get one appointment for confirmation by the board. You got that, Mr. Attorney? I think that we've come a long way under Mr. Jenkins, and I hope that Mr. Jenkins can be given greater roles to work with the City, particularly perhaps as a part of -- as far as I'm concerned -- who's our appointee to Hotel and Visitors Convention Bureau? Chairman Regalado: Myself. Commissioner Teele: You go to all the meetings, Mr. Chairman? Chairman Regalado: No. I don't, because the meetings are at 8 a.m., and I -- Commissioner Teele: Mr. Chairman, I would like to even nominate or ask that we be authorized to name Mr. Jenkins as an alternate, in cases of your absence. Chairman Regalado: I think -- and as a matter of fact, I wanted to ask the Commission to appoint another member of the Commission, because I cannot -- at the time of their meetings, I cannot attend. I attended functions, but I cannot attend the meetings. It's at 8 a.m., somewhere on Key Biscayne or Aventura, and then I can -- at that time, I'm still on the air. I'm not through until like 8:30, quarter to 9, at earliest. So, there's no way I can attend those meetings. As a matter of fact, I would ask -- no, no. I really -- Commissioner Teele: I'm not doing this-- The point I want to make is that I would like to move that MSEA and Mr. Jenkins be designated as staff for the City Commission -- Chairman Regalado: But with voting power. With voting -- Commissioner Teele: With voting power, if permissible. And that's something their lawyers and our lawyers can work out. But at least as staff and requested to attend all -- what is it? Hotel and Visitor's Bureau meetings Carlos Gimenez (City Manager): Greater Miami Visitors and Convention Bureau. Commissioner Teele: Greater Miami Visitors. And to provide reports regularly to the Mayor and our representative and, if permissible, be authorized to vote when the official designee is not present. I would so move. Chairman Regalado: It's -- do we -- we have a motion. Do we have a second? Commissioner Gonzalez: Second. Chairman Regalado: All in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 02-436 78 April 18, 2002 A MOTION INSTRUCTING THE CITY MANAGER AND THE CITY ATTORNEY TO SCHEDULE ON THE AGENDA OF APRIL 25, 2002 COMMISSION MEETING APPROPRIATE LEGISLATION TO RESTRUCTURE THE BOARD OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY (MSEA) BY REDUCING THE NUMBER OF MEMBERS FROM 11 TO 7; BY PROVIDING EACH COMMISSIONER ONE APPOINTMENT, INCLUDING THE RIGHT TO SELF -APPOINT AND THE MAYOR ONE APPOINTMENT, INCLUDING THE RIGHT TO SELF -APPOINT; DESIGNATING THE MAYOR AS THE CHAIRPERSON, AND IN HIS ABSENCE, ONE COMMISSIONER AS CHAIRPERSON; FURTHER LIMITING THE TERMS OF ALL MSEA BOARD MEMBERS, INCLUDING COMMISSIONER/MEMBERS, TO FOUR CONSECUTIVE ONE-YEAR TERMS. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele. Jr. NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Commissioner Teele: Mr. Jenkins -- excuse me, Mr. Chairman. I hope you understand this. This is a vote of confidence to you. Mr. Jenkins: I certainly appreciate that. Commissioner Teele: And the fact that we believe that you have the ability and indeed the resources to be more of an effective partner and get more dollars for the City than we can leverage. And I think the example of the Raceworks things were -- you all are going to spend money advertising in markets, but you ought to be getting money for MSEA to do that as well -- I mean, from the Hotel Visitors Bureau as well. So, I don't want the Chairman to stop being a member. I just want to give the Chairman more staff and in his case of his absence, that allow you the opportunity to vote. Mr. Jenkins: Thank you, Mr. Chairman. Chairman Regalado: Thank you very much. So, we -- Mr. City Attorney, we expect to have something on the 25th. Joel Maxwell (Deputy City Attorney): Yes, sir, I understand. Chairman Regalado: You understand, Commissioner Teele, we have on the 25th a really, really long agenda. So, just -- in case that -- you know, if that would be a long debate, we might want to do it on May the 9th. But if not, we can pass it on first reading. Thank you very much. 79 April 18, 2002 34. BRIEF RECESS TO SING "HAPPY BIRTHDAY" TO COMMISSIONER SANCHEZ. Chairman Regalado: I think that we're going to have one -minute recess, so we can all sing happy birthday to the singing Commissioner. No, it's not today. It was last year. But we're celebrating. Last Friday -- Unidentified Speaker: Last Saturday. Chairman Regalado: Last Saturday, 50 -- Commissioner Sanchez: No, no. I mean, they could sing (INAUDIBLE). Chairman Regalado: Fifty-one. [At this point, the Commission sings the "Happy Birthday" song to Commissioner Joe Sanchez.] Commissioner Sanchez: Thank you. Chairman Regalado: Thank you very much. Mr. Jenkins: Thank you again, Commissioner. Commissioner Sanchez: Well, you've got the gift of me staying, so that's what counts. 80 April 18, 2002 35. AUTHORIZE AND DIRECT MANAGER TO WAIVE RENTAL FEE ($149) FOR USE OF CITY'S SHOWMOBILE DURING COMMUNITY EVENT/FESTIVAL NAMED "ROMERIA CUBANA" SPONSORED LAST SUNDAY, APRIL 14, 2002 BY ERMITA DE LA CARIDAD. Chairman Regalado: We have pocket item, and the blue pages. Commissioner Gonzalez, District 1. Do you have anything -- Commissioner Gonzdlez: On my blue pages, no. Chairman Regalado: You have any pocket items? Commissioner Gonzalez: I have a pocket item. Chairman Regalado: Go ahead. Commissioner Gonzalez: I would like to request the after -the -fact waiver of rental fees for the City's Showmobile for a community event festival name "Romeria Cubana" that was sponsored last Sunday, April 14, 2002, by Hermita de la Caridad. This organization paid all the labor costs and have asked the City to waive the rental costs for the showmobile. Commissioner Sanchez: What's the cost? Commissioner Gonzalez: Hermita de la Caridad. Commissioner Sanchez: No. What's the cost. Albert Ruder (Director, Parks & Recreation): The cost, with tax, is approximately a hundred and forty- nine dollars ($149). Commissioner Sanchez: So move. Chairman Regalado: We have a motion and a second. All in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Sanchez, who moved its adoption: MOTION NO. 02-437 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO WAIVE RENTAL FEE ($149) FOR USE OF THE CITY'S SHOWMOBILE DURING A COMMUNITY EVENT/FESTIVAL NAMED "ROMERIA CUBANA" THAT WAS SPONSORED LAST SUNDAY, APRIL 14, 2002 BY ERMITA DE LA CARIDAD. 81 April 18, 2002 Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele. Jr. NAYS: None. ABSENT: Vice Chairman Johnny L. Winton 82 April 18, 2002 36. APPROVE LEASING OF VEHICLES FOR DEPARTMENT OF POLICE FROM INTERAMERICAN CAR RENTAL, INC., UNDER EXISTING CITY OF MIAMI CONTRACT NO. 99-00-134/03, $21,060; ALLOCATE FUNDS FROM "STOP ACTIVE VANDALISM EVERYWHERE" GRANT, Commissioner Sanchez: Mr. Chairman, I have a pocket item. Chairman Regalado: Yes, sir. Commissioner Sanchez: It's respectfully requesting the City Commission to consider approving leasing of vehicles for the Police Department Juvenile Justice Investigation Unit to conduct graffiti sweeps in undercover operations. This program is to be funded by Stop Active Vandalism Everywhere Safe Grant. So move. Commissioner Gonzalez: Second. Chairman Regalado: We have a motion and a second. All in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 02-438 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE LEASING OF VEHICLES FOR THE DEPARTMENT OF POLICE FROM INTERAMERICAN CAR RENTAL, INC., UNDER EXISTING CITY OF MIAMI CONTRACT NO.99-00-134/03, EFFECTIVE UNTIL AUGUST 10, 2002, AND ANY EXTENSIONS, WITH THE OPTION TO RENEW FOR ONE ADDITIONAL ONE- YEAR PERIOD, IN AN AMOUNT NOT TO EXCEED $21,060; ALLOCATING FUNDS FROM THE "STOP ACTIVE VANDALISM EVERYWHERE" GRANT, ACCOUNT CODE NO. 142027.2905328.6.610. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Vice Chairman Johnny L. Winton 83 April 18, 2002 37. DIRECTING THE CITY MANAGER TO ADHERE TO REQUIREMENTS OF THE AMERICAN WITH DISABILITIES ACT WITH RESPECT TO THE COMMISSION DAIS, PUBLIC BATHROOMS, AND IF NEEDED, TO APPLY FOR WAIVERS IN CASES THAT COSTS OF SUCH CONSTRUCTION ARE PROHIBITIVE. Commissioner Teele: Mr. Chairman? Chairman Regalado: Commissioner Teele. Commissioner Teele: Mr. Chairman, I would like to have just a very brief understanding of the ADA (Americans with Disabilities Act) and what the applicable rules are. And I say one thing and I continue to say it and I'm going to say it as long as I'm alive and I'm going to say it as long as I'm a Commissioner. Government has got to adhere to the standards we ask the taxpayers to adhere to. We cannot have two standards of government. This dais is not ADA accessible. To make it ADA accessible, we have to come in and bring in ramps. Not one entrance is ADA accessible. I think that is the absolute disgrace and discrimination on the face of this City, and I've said that every since I've been here. I haven't said it publicly. But when I find what is going on now -- and I assume and I hope this is a federal law -- that every bathroom, not just a bathroom for men and a bathroom for women, but every bathroom must be ADA accessible. I find, if Bush and those people have done that, then something -- if this went into effect on January 1 -- and I'd like to just understand what are the rules relating to ADA as it relates to restaurants and clubs and entertainment areas that are in places as relates to the City of Miami, and can any waivers be granted or given? Hector Lima (Director, Building Department): Hector Lima with the Building Department. ADA has been in effect for many years. It's not January V. And the way the law is written -- and it used to be that architects and engineers were responsible for compliance up until 1999. After that, they made the building departments and the building official responsible for enforcing the compliance of ADA. To answer your first question in reference to the bathrooms, when you have a chance of occupancy and the public will be allowed to enter this or visit the establishment, all areas of that establishment must be accessible to the handicapped. The bathrooms, per se, if they are remodeled or they are built new, must also comply with ADA requirements as they stand today. Existing businesses have, under Title II, the requirement to come into compliance as, monetary; they're feasible in doing that. Whenever somebody comes into the Building Department, we try to make them do the minimum required under the law. Commissioner Teele: I don't think that's a good policy. Let me -- I don't think we ought to ever ask for the minimum. We should look at the total circumstances and make the best judgment under the circumstances, but you talked about occupancy. We've made a lot of improvements in this building since these occupants got here or before they were here, and so, I know that's not your definition of occupancy but, you know. Is the bathroom that was built for Mr. Sanchez... Commissioner Sanchez: Hey, hey, hey, hey. It was not built for me. Commissioner Teele: Is that bathroom... Commissioner Sanchez: That bathroom was not built for me. Commissioner Teele: No. It was built for me. It was built actually for the previous Chairman. I went to the office and vacated it, but I don't remember that bathroom being ADA accessible, the bathroom that was just built here. Is the bathrooms that have been built within the last two years in the City since 1999, are all of these bathrooms ADA accessible? 84 April 18, 2002 Mr. Lima: Common bathrooms, as the two outside, must comply with ADA. I cannot answer for the one that you mentioned before, but I will research that. Commissioner Teele: Look, all I want to know is just make sure one thing: There are no waivers; there is no provision for any waiver for ADA applicability for all bathrooms. In other words, if we get ready to undertake a ten million dollar restoration of the Orange Bowl, you know, the -- making all of the bathrooms ADA accessible could wind up costing fifteen million dollars, you know, theoretically, or some ridiculous amount of money, and what I thought the common sense approach is, you would make a sufficient number of bathrooms ADA compliant but not all bathrooms, and what you've just stood up and said again is that all bathrooms have to be ADA compliant when you reach that threshold. Mr. Lima: What I said was, if you restore a bathroom, an existing bathroom, or you build a new bathroom in a place of business, it must comply with ADA. Commissioner Teele: All bathrooms? Mr. Lima: All bathrooms. Commissioner Teele: Not just... Mr. Lima: All bathrooms that are remodeled; all bathrooms that are new. Commissioner Teele: Are there any provisions or waivers? Mr. Lima: Yes, but it's not within our power. This is the Community Affairs. Commissioner Teele: OK. Just talk -- just tell me who do you get the waivers from? Mr. Lima: From the Department of Community Affairs. Commissioner Teele: In Washington or Tallahassee? Mr. Lima: Tallahassee. Commissioner Teele: Have we ever applied for a waiver? Mr. Lima: Waivers are applied by the individual who is trying to not comply with the law and they are sent directly to Tallahassee. Commissioner Teele: Well, wait a minute. If there's a waiver in the law, that doesn't constitute non compliance. That constitutes seeking a waiver. Don't call... Mr. Lima: There's a lot of definitions on what is the requirements for a waiver but, again, it's through Tallahassee, not through the department. Commissioner Teele: I just want the board to know that, as a part of this overlay district that we're worried about trying to get the 11th Street area up-to-date, we've got a business that has spent about one million dollars. They had a plan that was approved by the Department. Apparently, as of January 1, there was a change that went into effect. Is that correct? 85 April 18, 2002 Mr. Lima: The January I", the only new Code that came into effect was the NFPA (National Fire Protection Association). Commissioner Teele: They had a plan that was approved -- Mr. Lima: Yes, sir. Commissioner Teele: -- by the department. Mr. Lima: Yes, sir. Commissioner Teele: When they got ready to go in to get the approval CO (certificate of occupancy), they were told that the plans that they had had been changed and to change just -- they built -- there are four bathrooms: one bathroom for women is ADA accessible. One for men is ADA accessible. Mr. Lima: That is correct. Commissioner Teele: To change the other two is going to cost well over a hundred thousand dollars, and to put in the lifts. I've had two different engineering firms to look at it. I got two different estimates, OK, because you've got to put in lifts, et cetera. And I just think that is a very, very -- I mean, for a vacant building that has no use, that we're trying to create a use, 20 jobs, and all of a sudden, the guy can't open up now because of additional ADA compliant, which I'm all in favor of, but just know this. I spend a lot of time working ADA from 1980 to 1983 trying to come up with common sense rules. One of the rules that I made was that buses don't have to be ADA compliant. That's not what the transit industry -- I mean, the disabled community wanted. I ruled then that all you've got to do is provide an accessible mode of transportation. Ergo, that's why you have STS (Special Transportation Service), OK? Using the approach we're saying now, it would mean, if you took that and applied it to transit, every transit bus in the nation would have to have a wheelchair lift, and that's a nonsensical approach to transit. I can't speak for Building, but I would suggest that the same standard exist. As long as you provide a dignified and mainstream ADA accessibility, I see no reason why every room in the building has got to be ADA accessible. If they can get to the bathroom, if they can get to the bar, if they can get to the restaurant, if they can get -- you know, I just fail to understand it, but I'm not going to beat it. I would like all of the information on how to apply for the waiver, and I'll be working to try to get our lobbyists in Tallahassee to walk that waiver through up to Department Of Community Affairs, if possible. Does it require an approval of the Commission? Mr. Lima: No. It only requires recommendation from the building official. Commissioner Teele: OK. So, we'll see if you will consider that. Mr. Chairman, thank you very much and I appreciate you coming forward with that. 86 April 18, 2002 38. REQUEST MANAGER AND APPROPRIATE DEPARTMENTS, INCLUDING DEPARTMENT OF PLANNING AND ZONING, TO CONSIDER REDESIGNATION OF OMNI ENTERTAINMENT DISTRICT TO OMNI, JAZZ AND BLUES DISTRICT. Commissioner Teele: Mr. Chairman, I would like to request a resolution specifically requesting the City Manager and the appropriate departments, specifically including the Department of Planning and Zoning, to consider the redesignation of the Omni Entertainment District to the Omni Jazz and Blues District. I would so move. Commissioner Gonzalez: Second. Chairman Regalado: It's a motion and a second. All in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 02-439 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO INSTRUCT THE APPROPRIATE DEPARTMENTS, INCLUDING THE DEPARTMENT OF PLANNING AND ZONING TO CONSIDER THE RE- DESIGNATION OF THE OMNI ENTERTAINMENT DISTRICT TO THE OMNI JAZZ AND BLUES DISTRICT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Vice Chairman Johnny L. Winton 87 April 18, 2002 39. REQUEST MANAGER AND APPROPRIATE DEPARTMENTS INCLUDING PLANNING AND ZONING DEPARTMENT, TO CONSIDER REDESIGNATION OF OVERTOWN ENTERTAINMENT DISTRICT TO OVERTOWN JAZZ, BLUES AND GOSPEL OVERLAY DISTRICT. Commissioner Teele: I would also ask a resolution specifically requesting the Manager and appropriate department, specifically including the Planning and Zoning Department, to consider the redesignation of the Overtown Entertainment District to the Overtown Jazz Blues and Gospel Overlay District. Commissioner Gonzalez: Second. Chairman Regalado: We have a motion and a second. All in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 02-440 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO INSTRUCT THE APPROPRIATE DEPARTMENTS, INCLUDING THE DEPARTMENT OF PLANNING AND ZONING, TO CONSIDER THE RE- DESIGNATION OF THE OVERTOWN ENTERTAINMENT DISTRICT TO THE OVERTOWN JAZZ, BLUES AND GOSPEL DISTRICT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Vice Chairman Johnny L. Winton 88 April 18, 2002 40. REQUEST MANAGER TO CONDUCT STUDY ON EXISTING WATER AND SEWER LINES IN PARK WEST ENTERTAINMENT DISTRICT; FURTHER REQUESTING THE MANAGER TO CONSIDER THE CREATION OF A WASA (WATER AND SEWER AUTHORITY) OVERLAY DISTRICT WITHIN THE DESIGNATED PARK WEST ENTERTAINMENT DISTRICT TO FACILITATE A PILOT PROGRAM TO INSTALL THE NECESSARY WASA PIPELINES THROUGHOUT THE ENTERTAINMENT DISTRICT TO EFFECTIVELY REDUCE THE IMPACT FEES ON LOCAL BUSINESSES. Commissioner Teele: And, Mr. Chairman, I would can ask that the Miami Commission request that the Manager conduct immediately a study on the existing water and sewer lines in the Park West Entertainment District, and further to consider the creation of a WASA (Water and Sewage Authority) overlay district within the designated Park West Entertainment District, to facilitate a pilot program to install the necessary WASA, water and sewer pipelines throughout the Entertainment District, to effectively reduce the impact fees on local businesses. I would so move. Chairman Regalado: We have a motion. Commissioner Gonzalez: Second. Chairman Regalado: And a second. Commissioner Teele: And this is a motion to do a study, Mr. Manager, not to do the district, but to come in and tell us what it's going to do and what it's going to mean and all that kind of stuff because we clearly have a problem. I mean, Water and Sewer is just literally sticking to everybody that comes in this City, and you know we saw it at Soyka. We saw it at Jackson Soul Food. We saw it at Two Guys Restaurant. We keep complaining about it but we don't have a solution. So, I call the question and ask for your help, Mr. Manager. Carlos Gimenez (City Manager): Yes, sir. Chairman Regalado: All in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 02-441 A MOTION REQUESTING THE CITY MANAGER TO IMMEDIATELY CONDUCT A STUDY ON THE EXISTING WATER AND SEWER LINES IN THE PARK WEST ENTERTAINMENT DISTRICT; FURTHER REQUESTING THE MANAGER TO CONSIDER THE CREATION OF A WASA (WATER AND SEWER AUTHORITY) OVERLAY DISTRICT WITHIN THE DESIGNATED PARK WEST ENTERTAINMENT DISTRICT TO FACILITATE A PILOT PROGRAM TO INSTALL THE NECESSARY WASA PIPELINES THROUGHOUT THE ENTERTAINMENT DISTRICT TO EFFECTIVELY REDUCE THE IMPACT FEES ON LOCAL BUSINESSES. Upon being seconded by Commissioner Gonzdlez, the motion was passed and adopted by the following vote: 89 April 18, 2002 AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele. Jr. NAYS: None. ABSENT: Vice Chairman Johnny L. Winton 90 April 18, 2002 41. INSTRUCT CITY CLERK AND CITY ATTORNEY TO SCHEDULE INITIAL BOARD MEETING OF MODEL CITY HOMEOWNERSHIP TRUST NEXT FRIDAY, APRIL 26, 2002, 10 A.M.; CLERK TO PROVIDE NOTICES IN NEWSPAPERS OF CIRCULATION. Commissioner Teele: Mr. Chairman, I would respectfully request the Clerk of the City and instruct the Clerk to establish next Friday, 4/26, at 10 a.m., at a location that is suitable to the two board members to set up the initial board meeting of the Model Cities Trust-- Homeownership Trust, and to ensure there notices are provided to the Mayor, Commissioners, as well as notices in the newspapers of circulation, and particularly interest. And I would so move that instruction to the Clerk and the City Attorney. Chairman Regalado: We have a motion and a second. All in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 02-442 A MOTION INSTRUCTING THE CITY CLERK AND THE CITY ATTORNEY TO SCHEDULE AN INITIAL BOARD MEETING OF THE MODEL CITY HOMEOWNERSHIP TRUST NEXT FRIDAY, APRIL 26, 2002, 10 A.M. AT A LOCATION THAT IS SUITABLE TO THE TWO BOARD MEMBERS; FURTHER DIRECTING THE CLERK TO PROVIDE APPROPRIATE NOTICES IN NEWSPAPERS OF CIRCULATION AND PARTICULAR INTEREST. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele. Jr. NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Commissioner Teele: Thank you very much, Mr. Chairman. 91 April 18, 2002 42. BRIEF COMMENTS ON STUDY OF REDESIGNATIONS OF EXISTING WATER AND SEWER LINES IN PARK WEST ENTERTAINMENT DISTRICT. Chairman Regalado: Thank you. Joel Maxwell (Deputy City Attorney): Mr. Chairman. Chairman Regalado: Yes, sir. Mr. Maxwell: Just for the record, the two redesignation directions that were given could be treated as resolutions, voted on today. Commissioner Teele: Yes, sir. But the resolution doesn't redesignate anything. It simply asks the Manager -- Planning Department to consider at this time and study it. It doesn't do anything. It doesn't do anything other than ask them to begin the study process. Mr. Maxwell: OK. 92 April 18, 2002 43. SECOND READING ORDINANCE: AMEND SECTION 12.5-30 OF CITY CODE ENTITLED "COMMUNITY REVITALIZATION, COMMUNITY REVITILIZATION DISTRICTS, MODEL CITY HOMEOWNERSHIP TRUST" TO PROVIDE THAT PUBLIC ADVOCATE MEMBER OF TRUST SHALL BE APPOINTED BY DISTRICT 5 COMMISSIONER AND NOT ELECTED BY RESIDENTS OF DISTRICT. Chairman Regalado: Commissioner Teele, on your blue pages, you have two items. No, one. We did the other. First, "A", it's a second reading ordinance. Commissioner Teele: Mr. Chairman, would you ask that the ordinance be read, please? Chairman Regalado: Yes, sir. We have a motion by you and a second. Commissioner Sanchez. And read the ordinance. Joel Maxwell (Deputy City Attorney): Sorry. Which item was that, Commissioner? Commissioner Teele: This is the ordinance relating to the -- Chairman Regalado: Blue page. Commissioner Teele: (INAUDIBLE). Chairman Regalado: Blue page. Commissioner Teele: The public advocate member of the Community Revitalization District Model Cities Home Ownership Trust, amending chapter 1-2 -- let me give it to you. Chairman Regalado: Read the ordinance. Roll call. An ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 12.5, ARTICLE 1, DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "COMMUNITY REVITALIZATION, COMMUNITY REVITALIZATION DISTRICTS, MODEL CITY HOME OWNERSHIP TRUST" TO PROVIDE THAT THE PUBLIC ADVOCATE MEMBER OF THE TRUST SHALL BE APPOINTED BY THE DISTRICT 5 COMMISSIONER AND NOT ELECTED BY RESIDENTS OF THE DISTRICT; MORE PARTICULARLY BE AMENDING SECTION 12.5-30 OF THE CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. was passed on its first reading, by title, at the meeting of March 7, 2002, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Teele, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. 93 April 18, 2002 NAYS: None. ABSENT: Vice Chairman Johnny L. Winton SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12222. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Regalado: As second reading, it passes. Any more items, Commissioner Teele? Commissioner Teele: No, sir, Mr. Chairman. 94 April 18, 2002 44. DISCUSSION ABOUT AMENDING RESOLUTION 00-409 AUTHORIZING THE CITY OF MIAMI'S CO-SPONSORSHIP OF THE LATIN CHAMBER OF COMMERCE CONCERT SERIES. Chairman Regalado: Would you be so kind to chair? I have one item. Commissioner Teele: Yes, sir. Chairman Regalado: OK. I guess that we all remember last Thursday, we had a very long meeting and the President of CAMACOL was here until late hours of the night and next day he died, and we all attended the funeral. And his reason for being here is because I had this that I wasn't able to bring it to the board, and it's a resolution of the City of Miami Commission authorizing the City's co-sponsorship with the Latin Chamber of Commerce, CAMACOL, of the Latin Chamber of Commerce Concert Series, a series of events to be held over an 18 -month period to raise funds to provide assistance for the individuals in the community during the Christmas Food Give-away. So, this is my motion, Mr. Chairman. Commissioner Teele: Moved. Is there a second? Commissioner Gonzalez: Second. Commissioner Sanchez: Second. Commissioner Teele: Two seconds. All those in favor say "aye." The Commission (Collectively): Aye. Commissioner Teele: All opposed? Unanimous vote. The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 02-443 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY'S CO-SPONSORSHIP WITH THE LATIN CHAMBER OF COMMERCE ("CAMACOL"), OF THE LATIN CHAMBER OF COMMERCE CONCERT SERIES, A SERIES OF EVENTS TO BE HELD OVER AN EIGHTEEN MONTH PERIOD TO RAISE FUNDS TO PROVIDE ASSISTANCE FOR UNDERPRIVILEGED INDIVIDUALS IN THE COMMUNITY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 95 April 18, 2002 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 Chairman Regalado: OK. Thank you very much. We... Commissioner Sanchez: Motion to adjourn? Chairman Regalado: With this... Commissioner Teele: Motion to adjourn. Chairman Regalado: Yes, sir? Commissioner Sanchez: Anything else? Commissioner Teele: I believe... Carlos Gimenez (City Manager): Item 29. I'm not sure what the disposition of that was? Chairman Regalado: We didn't want to do it. Mr. Gimenez: OK. Chairman Regalado: OK. 96 April 18, 2002 45. DIRECT MANAGER SCHEDULE AT APRIL 25, 2002 COMMISSION MEETING, ORDINANCE AUTHORIZING $1.5 MILLION FOR MAYOR'S BEAUTIFICATION AND CLEANUP PROGRAM, FUNDED OVER TWO YEAR PERIOD OF TIME OUTSIDE OF CITY'S OPERATING BUDGET, BASED UPON FUNDS TO BE RECOMMENDED BY MANAGER. Priscilla Thompson (City Clerk): Item 38, Financial Outlook. Commissioner Teele: Huh? Ms. Thompson: Finance Outlook Report. Chairman Regalado: I'm sorry. Commissioner Teele: We didn't take up that either. Chairman Regalado: Which one? Commissioner Teele: They carry over to the next meeting. Ms. Thompson: And the minutes, as well. Commissioner Teele: That carries over to the next meeting. Ms. Thompson: OK. Thank you. Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir Commissioner Teele: I would ask -- request of the Manager to at the first meeting in May, to come back with an ordinance authorizing the Mayor's Beautification and Clean Up Program, funded over a two-year period of time, outside of the operating budget, you know, our annual operating budget, funding not to exceed one point five million dollars or seven hundred and fifty thousand dollars a year, based upon funds recommended by yourself and your staff. Commissioner Sanchez: Second. Commissioner Teele: I'm just making -- no, no. I'm making a request that in May, he come back with an ordinance that approves or that authorizes the Mayor's Beautification Program, over a two-year period of time, that is not a part of the operating budget of the City -- it's a special program, so I want to get it off budget, and so that you identify a funding source and you identify the parameters of the program, and then we can debate it and that gives us enough time to meet with each Commissioner beforehand and the Mayor to see if it's something that there's enough support to do it. Commissioner Sanchez: Focusing on the AT&T (American Telephone & Telegraph), of course Commissioner Teele: Focusing on AT&T and any other source of funds. Carlos Gimenez (City Manager): Yes, sir. 97 April 18, 2002 Commissioner Teele: But I think the real issue is designing the program to be consistent with what the Mayor wants and what each individual Commissioner wants. And I think the program needs to be structured -- Chairman Regalado: Nobody asked me. Commissioner Teele: -- by district by district by district. I don't think we ought to have a one -size fits all program. We ought to address unique problems in each district, and there ought to be consultation with each district as well as making sure that the Mayor's overview of the program is what it is what he wants. And that's just an individual request. Mr. Gimenez: Yes, sir. Chairman Regalado: OK. I think that you all be proud that tomorrow at 10 a.m., At -- you're all invited 2714 Northwest 24th Street, the First Lady of Nicaragua will be accepting eight hundred computers from a resident of Miami, and I think that the Chief family has donated this computers to the President of Nicaragua, Enrique Bolanos. Commissioner Sanchez: OK. Mr. Chairman, before we adjourn, there's a pocket item. 98 April 18, 2002 46. A RESOLUTION TO INCREASE FUNDS FOR THE GRANT APPLICATION OF FLORIDA NAVIGATION DISTRICT STORM WATER UTILITIES. Commissioner Sanchez: Mr. Chairman, before we adjourn, there's a pocket item. A resolution of the City of Miami Commission amending Resolution 02-323, approved on March 14, 2002, increasing the amount of matching funds for the grant application of Florida Inland Navigation District (FIND) from forty-one thousand six hundred to a hundred thousand from the storm water utility fees, to include the clean up of the Miami River caused by storm sewer run-off. So move. Commissioner Teele: Second. Chairman Regalado: We have a motion and a second. All in favor, state by saying "aye." The Commission (Collectively): "Aye." Chairman Regalado: It passes. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 02-444 A RESOLUTION OF THE CITY OF MIAMI COMMISSIION AMENDING RESOLUTION 02-323, TO INCREASE THE AMOUNT OF THE GRANT APPLICATION TO THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND"), IN THE AMOUNT OF $58,400, FROM $41,600 TO $100,000, TO INCLUDE THE CLEAN-UP OF THE MIAMI RIVER; AUTHORIZING AN INCREASE FROM STORMWATER UTILITY FEES, IN THE AMOUNT OF $58,400, AS THE CITY'S MATCHING FUNDS REQUIRED FOR THE GRANT. (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. Chairman Tomas Regalado NAYS: None ABSENT: Vice Chairman Johnny L. Winton 99 April 18, 2002 47. BRIEF COMMENTS ON ORDER OF DAY FOR APRIL 25, 2002 COMMISSION MEETING. Chairman Regalado: Do we have a motion to adjourn? Commissioner Teele: So move, Mr. Chairman. Chairman Regalado: It's been moved -- Commissioner Teele: The 25th is going to be a bad day with the Camillus House issues coming up, et cetera, and I would ask that the Manager closely review and defer anything to the next meeting, if possible, that doesn't really need to be taken up. Chairman Regalado: Let me say this. For your information, Commissioner Winton has requested two time -certain items. One will be at 11 a.m., the other one at 4 p.m., presentations. One from the County and one from a lady in his district. There will be also a lady from Overtown, that she wishes to speak on behalf of the St. Johns Scholarship Program, that she has requested a time certain. It will be 4:30. At 4:45, we have a CRA (Community Redevelopment Agency) meeting. At 5 p.m. we have a public hearing on Camillus House. So, there is a lot of controversial items, at least in the afternoon area. So, if we can just keep that in mind. Bring your lunch and dinner and breakfast. Unidentified Speaker: And breakfast. Commissioner Regalado: And breakfast. All in favor to adjourn say "aye." The following motion was introduced by Commissioner Gonzalez, who moved its adoption: MOTION NO. 02-445 A MOTION TO ADJOURN TODAY'S COMMISSION MEETING. 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. NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Commissioner Joe Sanchez 100 April 18, 2002 THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 4:00 P.M. ATTEST: Priscilla A. Thompson CITY CLERK Sylvia Scheider ASSISTANT CITY CLERK (SEAL) MANUEL A. DIAZ MAYOR 101 April 18, 2002