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HomeMy WebLinkAboutCC 2002-08-22 MinutesMINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 22nd day of August 2002, the City Commission of Miami, Florida, met at its regular meeting place in the James L. Knight Center, Miami, Florida in regular session to continue the City Commission meeting of July 25, 2002 which meeting had recessed at 12:57 a.m. on July 26, 2002 and continued the items not taken up to August 22, 2002. The meeting was called to order at 2:44 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) [entered at 2:48 p.m.] ALSO PRESENT: Carlos A. Gimenez, City Manager Alejandro Vilarello, Assistant City Attorney Priscilla A. Thompson, City Clerk Sylvia Scheider, Assistant City Clerk 1. ORDER OF DAY. APPROVAL OF MINUTES. Chairman Regalado: Good afternoon, good afternoon Commission meeting. Commissioner Joe Sanchez will Gonzalez, pledge of allegiance. Commissioner Sanchez. Commissioner Sanchez: Thank you, Mr. Chairman. Invocation and pledge of allegiance. Welcome to the Special City do the invocation. Commissioner Chairman Regalado: OK, let me just briefly tell you about the order of the day. We have many public hearings that we'll be discussing, the bus benches issue, the Rustic Pelican lease extension, the New Year's Eve Mega concert, plus AT&T (American Telephone and Telegraph) and of course, we have some items that were continued from the July 25th meeting. We will take those immediately after we'll do the bus benches, Rusty Pelican, and the AT&T contract with the City of Miami. Then we will have a budget workshop, the City Manager will brief members of the Commission, this is not a public hearing on the budget, just a workshop, but it is a public hearing for other purposes, so we will be ready to entertain people present. Yes, sir. Commissioner Sanchez: Mr. Chairman, is the first item on the agenda will be the discussion concerning the bus benches? Chairman Regalado: Yes, we wanted to wait for Commissioner Teele because that is an issue that he, I'm sure, would like to make comments on it, but why don't we -- Peter -- why don't you check and see if he's on his way, then we'll be able, if we have a full board to proceed with all these items that really require a full board, so let's -- where's the Mayor? Commissioner Sanchez: Mr. Chairman, if we could maybe go on with the approving of the minutes, which I don't think we'll have discussion. Chairman Regalado: Yes, we will. We have a motion by Commissioner Sanchez. Vice Chairman Winton: Second. Chairman Regalado: Second by Vice Chairman Winton. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: Let me ask the Mayor if he wants to the AT&T now, Frank, have you seen him or -- ? No, OK. He is? OK, good. Vice Chairman Winton: Well, tell him that we intent to be the fast and the furious just like the movie and get out here today. Chairman Regalado: I can assure you that we can be furious, but not fast. Vice Chairman Winton: You know? I believe that. 2. AUTHORIZE MANAGER TO MEET WITH APPROVED BUS BENCH CONTRACTOR TO DETERMINE BUS BENCH/BUS SHELTER DESIGN OPTIONS AND CONSULT WITH DISTRICT 2 COMMISSIONER TO ADDRESS CONCERNS OF SAID DISTRICT; ADMINISTRATION TO HOLD PUBLIC HEARINGS IN DISTRICT 2 TO ADDRESS BOTH RESIDENTS AND BUS TRANSIT POPULATION'S CONCERNS IN SAID DISTRICT. Chairman Regalado: OK, Commissioner Teele is here, so why don't we have the City Manager to brief us on the bus benches. Mr. City Manager. Carlos Gimenez (City Manager): Yes, sir. We got two -- actually we got two different kinds of issues with bus benches. We have the issue of the Sarmiento bus bench, but we also have the issue of the old bus benches. We have noticed that there is now a proliferation of the old style of bus benches and it's been done without our permits, and we are about to take some action against the old bus bench contractor, who has put these bus benches in without permission, and, Frank, why don't you tell them what we're doing there. Frank Rollason (Assistant City Manager): Yes, sir. Chairman Regalado: OK, Frank. Mr. Rollason: Is it on? Chairman Regalado: Yes, it is. Mr. Rollason: Frank Rollason, Assistant City Manager for Operations. I guess I can give you an update on the two as the Manager alluded to. Let's talk about the proliferation of the benches that are starting to show up now throughout the City by the old contractor; or we assume they're from the old contractor, we think they are, from the advertisements and the markings that are on there. What has happened just over the last few weeks is that a large amount of these benches have been dropped off in the City in all different areas; we've been getting a lot of calls from area residents. We had several meetings with area residents and we put together a plan to addresses this. We met with the City Attorney yesterday afternoon to lay it out so we would be, you know, handling it properly. We've got a letter that's going out to the owner of this company notifying them that they must -- they have twenty-four hours to get them removed from the City or we'll remove them. I met today, this morning with operational people. We've got a plan in place that will start the actual removal of benches Tuesday morning. There's a marking of the benches on Monday. If they're not removed over the weekend by the owner, the business company that owns them, we'll start removing them physically ourselves and we will store them out on Virginia Key. We've got a place that's fenced in, that we can lock them in. We've got a program where we're going to photograph them in place, we're going to number them, we're going to catalog them and have an inventory where we picked the benches up from and then photograph them when we deposit them on their spot in Virginia Key and we'll notify the owner that they're for them to come and pick them up. Now, at this point we're talking about charging for storage, we're talking about charging for the cost of what's happening and we're also pursuing the avenue of Code Enforcement citing them and creating liens against properties that these people may own in the City to be able to have fines running on them also on an individual case with each one of them, so it's kind of an operation in works right now, but we've got enough of a plan put together at this point to start physically removing Tuesday morning and also I think the City Attorney has got -- he may want to comment on a possible injunction to stop them from depositing more. Alejandro Vilarello (City Attorney): Well, in addition to the notice, we filed a motion in a circuit court seeking injunctive relief in a pending case that we have against the former bus bench company, but nevertheless, we've advised the Manager that since these bus benches are being placed on the right-of-way, there's no right for that placement, so they can -- we're giving them an opportunity to remove themselves; however, at the conclusion of that twenty-four hour period, we will be removing them or the Manager will be removing them with a crew and preserving them on Virginia Key. However, we are all -- at the same, we've gone to court to make sure the court is aware of the action that we're taking. Chairman Regalado: And you know, and at least they should've placed those new benches where there is a bus stop, because they placed them everywhere so people sit waiting for the bus, the bus goes by and -- I mean, people are really upset and I -- let me tell you, on 27th Avenue from 25th to 23rd Street, there is a bus bench with a political ad of course, in every corner, and yet there is only bus stop, so people sit there and wait for the bus but it never comes. Mr. Rollason: Well, the main drag Coral Way is like that. They've (UNINTELLIGIBLE) Coral Way, 22nd Avenue, 27th Bayshore Drive, I mean, they're out there, and we're going to -- we've got enough people and equipment to put two crews in operation and should be able to move approximately eighty of them a day, to physically move them and put them on another site (UNINTELLIGIBLE). Vice Chairman Winton: How many do we think there are? Mr. Gimenez: We have to -- we've got to do a survey and see exactly how many there are, but there. Right now there's a whole bunch. Vice Chairman Winton: Are we removing all of their benches? Mr. Gimenez: We are removing -- we are removing those benches that clearly violate the zoning code. You got advertising in R-1 and R-2, all those benches are going to go away. I've also instructed the -- Public Works and Frank that those benches that are clearly not in a bus stop are to be taken away also, because there's really no rhyme or reason not to -- all this is, it's profit driven, it's not really service driven at all, so, those benches that are not in a stop, they're going to go away. Those that were not permitted from before, they're going to go away. Those that are in residential, they're going to go away, and like I said, there seems to be a vast proliferation lately of these benches. Vice Chairman Winton: Campaign. Mr. Gimenez: In addition to that, we are also going to be telling the political candidates, giving them a warning that this individual is not, you know, will not be permitted for new benches, so you know, to put them, you know, give them a warning that maybe they don't want to purchase any more bus bench advertising from this individual. Chairman Regalado: Commissioner Sanchez. Commissioner Sanchez: Mr. Chairman, we've been in litigation with this company and I'm not going name the name, but we -- this is a company that not only has defaulted or violated whatever rules are set to govern their business, not only in the City but throughout other municipalities in the City. I can recall several months ago when we discussed it here, and we spoke about it. They're basically right now not paying the City a dime; everything is profit- making for them, they seek an opportunity with all the campaigns and the man is here for candidates to expose their names because of a campaign, and they're going out there and putting all these benches. My questions is, why haven't we, months ago, gone out there and removed the benches? I can tell you this much, this would never happen in Hialeah. Mr. Gimenez: Well -- Commissioner Sanchez: Raul Martinez would've gone in a truck and gone out there and remove them himself. We got two -- and then punch the guy. Vice Chairman Winton: Right. Mr. Gimenez: Yeah, well, we -- I think there's a valid reason why those benches haven't been removed and the reason is that we are in litigation with them and we tried to reach a settlement that we would remove their benches as the new benches are being installed. If you go in there now and start taking all these benches then people won't have a place to sit, so we tried to work - - that's the kind of compromise things that we tried to do with this company; OK, you can stay in business until the new bench comes in, then your bench will be taken out, you will continue to pay us on the benches that are out there, I believe they still are paying us on the benches that are there, but there weren't supposed to put any more down, and that's what's happening. Commissioner Sanchez: But the question is, did they pay us what they owed us in the past, `because they were way behind -- Mr. Gimenez: Yes. Commissioner Sanchez: -- on their payments. Mr. Gimenez: Yes, they have. They have paid us what they owed in the past and they're continuing to pay what's in the street now -- or what was in the street until this recent rash of new bus benches. Mr. Rollason: Right, they paid us with a cash bond with us and we've been drawing or however we're going to handle it to pull the money. Now, the other thing you need to be aware of is that as the Manager said, as the new bus bench company installs the new benches, they would pick up the old benches, but what's happening is that new old benches are being installed where they pick them up, so the company has come to us and said, "Listen, we went and we picked up the benches. Here's a picture, they were gone, and now you go back the other day and there's two benches sitting there." Now, we're finding on some of these intersections, there's seven benches sitting with the ads on them, so we got plan an operation to start -- like I say, it's really an operation now to run through the timeframe and then we'll be out there like I say, Tuesday morning to make them go away. Mr. Gimenez: Frank, if you find that, will you find a -- you know, one of the new benches and you have a whole bunch of old benches around it, take those benches out too. Mr. Rollason: Well, that's the plan. We're taking -- we've got a wide range of what (UNINTELLIGIBLE) -- Commissioner Gonzalez: Mr. Chairman. Mr. Rollason: -- take away. Chairman Regalado: Yes, sir. Commissioner Gonzalez. Commissioner Gonzalez: Yesterday I sent -- I asked Frank Castaneda to send me an e-mail with -- if I -- my recollection is correct, with five different sites on Northwest 7th Street, between 37th Avenue and 22nd Avenue. We have bus benches next to shelters. We have bus benches at the corners of the intersections where there are no bus stops. We have the same situation on Northwest 27th Avenue. We have the same situation on Northwest 37th Avenue, Le Jeune Road, so it is all over the place and there -- I saw a site on Flagler exactly on 27th Avenue before, between Flagler Street and 1st Street. You have a bus shelter there, and in addition to the bus shelter, you have three benches, so pretty soon we're going to have the entire sidewalk full of benches -- Mr. Rollason: In some of the areas Downtown -- Commissioner Gonzalez: All we need to do is just bring a big screen TV (Television) -- Mr. Rollason: I understand. Commissioner Gonzalez: -- and then we have the neighborhood, you know -- Mr. Rollason: Right. In some of the areas Downtown, where the transfers take place or where multiple buses from different routes come together, the shelters will not accommodate all the people that are waiting for a bus. But there's not enough room to put multiple shelters, so there are some places where there will be benches with shelters, but the Manager has stated, and again, we needed -- this is part -- when I tell you about Sarmiento or the other company we need to talk about, is that we don't want to put benches with advertising next to a shelter that has advertising, but they would allow to put a plain bus bench -- Commissioner Gonzalez: But I can tell you that in that particular site, on 27th Avenue, on -- westbound, between Flagler Street and 1st Street, there has never been any bus benches there. There has always been a shelter, OK? And these bus benches were installed in the last week. Mr. Rollason: Right, well, they're coming evidently during the night, we're working with the Police Department to see what we can do on enforcement and -- Commissioner Gonzalez: And if at least we're getting -- if at least the City is getting money from it, well, you know -- Mr. Rollason: Right. Commissioner Gonzalez: -- temporarily until we get rid of them, it'd be fine, but they're selling these benches -- Mr. Rollason: Right. Commissioner Gonzalez: -- I believe they sell them at a hundred forty dollars a month, each so - Mr. Rollason: We're not getting anything. Commissioner Gonzalez: They're making a fortune, and we're not getting a penny, the City is not getting a penny for it. Chairman Regalado: OK, so the issue of cloning of bus benches is resolved. But I thought that we were supposed to discuss the barbeque benches, you know, the -- Mr. Rollason: Right, right. (UNINTELLIGIBLE). Mr. Gimenez: That we said, we said we're going to discuss -- Chairman Regalado: Oh, OK. Mr. Gimenez: There's two issues, one is that and then the other one is Sarmiento will discuss now what we're doing with Sarmiento. Frank, you tell them operation what we're doing and then Ana, I want you to come and discuss the issue of why these benches are hot. Mr. Rollason: All right, we -- Commissioner Sanchez: Literally hot. Chairman Regalado: They're hot. Mr. Rollason: I think (UNINTELLIGIBLE). Mr. Gimenez: It's a hot topic. Commissioner Sanchez: It's a very hot topic. Mr. Rollason: All right. On August the 6th, the Manager directed us to direct the new company not to install any more benches; put a moratorium on the benches and that's where we are at this point. They're installing nothing more, there had been a few installed from that point. The permits were already issued and the installation was already in place, but no new permits have been issued since August the 6th. We have met with the bus bench company on several occasions. We've had several meetings internally, and we have a list of issues that we're going over with them. We meet again tomorrow morning at 8:30. At that point, they're going to have for us several different designs of benches with backs and without backs because we've got some problems in areas where there's no enough depth to be able to have the bench with the back, but a -- just a bench itself there are some places that we can accommodate those, so they're going to present that to staff tomorrow. If we are satisfied with what they've brought to us with the options, we're going to bring them to the City Manager for his approval, and if he buys into it, it's including advertising panel size and everything we're addressing, the heat, the size, the design, the whole nine yards, but then we're going to meet with the Commissioners and show them what has been brought together, that is our intent then to take those designs out to the community, meet with them and make the choices as originally stated that we would come back to them with several choices of design. Once that takes place, then there will be a meeting back here that will be scheduled as a public hearing as directed by the Commission for the areas of Brickell, as originally done was -- I'm sorry, was Upper Eastside and the Grove. Now coming before you later today, as we have ready at the last Commission meeting, is a resolution authorizing the Manager to enter into an amendment to the current bus bench contract wherein we will lower the payment bond from 500 to 200,000 dollars, well, I'll explain that, but they're going to give us cash, et cetera, which is more than enough to carry us out a long ways with the money that we're receiving at this point. As a caveat for that to happen, included in the reso is that they rather than just being a resolution of the Commission to come to talk about Brickell -- I keep saying Brickell -- but Upper Eastside and the Grove, we've added into that they must agree in the amendment that the design for Upper Eastside, the Grove, Brickell and Downtown, has to come back to the Commission for approval, so that will come later. We have these issues that we're meeting with them; we're trying to fast-track it and get it so we can get benches back out being quickly installed. We've had several different companies approach us with resolutions to the heat problem with the particular bench they have. We have referred them to the bus bench company for them to work that out in that that's their responsibility to resolve that issue, so I'll let -- there's not -- if there's any questions on the operation side, I'll answer them or if you want, Anna to present to you on the -- Chairman Regalado: Commissioner Gonzalez has the floor. Commissioner Gonzalez: Mr. Rollason, if I remember correctly, I don't know if it was six months ago or eight month ago, because it was a long time ago, Sarmiento came before the City Commission with their contract and a model of the bank that they were proposing. Mr. Rollason: That is correct. Commissioner Gonzalez: And that bank made out of wood, the seating, the seat and the back was made out of wood. Mr. Rollason: Yes, sir. Commissioner Gonzalez: If I remember correctly, Commissioner Sanchez and Chairman Regalado, Commissioner Teele and I, we approved those and Commissioner Winton voted in favor of those benches for the areas, for our areas, and we knew that Commissioner Winton District wanted to see other styles of benches. We went through a process of different community meetings, and I attended a couple of them, and everybody was happy with that type of bench, everybody was in agreement with that. We voted on that contract. I think the vote was unanimous on the contract itself. We voted on the wood benches for our districts. Months later I heard that Planning had changed the design of the benches to iron. I, at the time, I told the department that that was a big mistake, that the person that was recommended to put a metal bench out there had never sit in a bench in Miami to wait for a bus. Commissioner Teele and myself and also, I believe Commissioner Sanchez and Chairman Regalado has -- haven't had any opposition to those wooden benches. I went to the company and examined the bench to make sure that the bench was what was on the picture. I wanted to see an actual bench, OK? So we voted on favor of those benches for our districts. The administration changed the design and the materials used on the bench, OK? We were never consulted. We were never told that the changes were going to be made. If you remember correctly, we went on a tour in Allapattah one day, at around 12 noon, I told you, "`Mr. Rollason, would you do me a favor? I asked the driver please stop the van --" and asked you, and I surprised you, because I asked you, I said, "Could you please get out of the bench and sit on that bench there?"' Mr. Rollason: I remember. Commissioner Gonzalez: You remember, right? Mr. Rollason: Pretty well. Commissioner Gonzalez: OK, so you knew what I was talking about. OK? Now, you're telling us that we're going to go back to the same process. Meanwhile Commissioner Teele, there's some areas in Commissioner Teele's district that there are no benches, and there are some areas in my district that don't have any benches. I have the three towers senior center where you have over 800 residents and they've been crying for benches for the last three months. Now we're going to go through the same process. We're going to bring the benches back to the Commission. We're going to discuss the benches, then if we decide -- we approve it, then we're going to go back to the community to have more community meetings and it's going to be a process and I just want to ask you, what do you suggest that I tell these 800 residents that are crying for benches? Just give me an idea, what should I tell them now, because at one meeting that we had there with Mayor Alex Penelas to discuss other issues in that building, the lady jumped on me and told me, "You've been promising me the benches for the senior citizens for three months." The day before we were promised that that day the benches were going to be installed and that was the day that the issue of the barbeque benches came up and then we canceled the contract, we stopped the contract, the installation of benches. Every single day I'm getting calls about the benches. When are we going to get the benches? So now we're going to delay this process for what I see, probably for another three months. Mr. Rollason: No, I don't think so, sir. Commissioner Gonzalez: Well, I said it at the last Commission meeting and I believe Commissioner Teele was in agreement with that too. That what we want is benches and I'm ready to accept the wooden benches tomorrow. I don't need to see -- I don't need to go any more community meetings in my district. I don't want have my people spend time to go over the benches because what we're projecting out there to the citizens is that we don't know what we're doing. I mean, that you know, we call a meeting, we get a hundred and fifty, two hundred people in a meeting room, we decide to go with one thing and then three or six or four or five or six months later, we go back to ask them again, no we're going to discuss the bus benches again. Mr. Rollason: Commissioner -- Commissioner Gonzalez: No, I'm telling you right now, as far as I'm concerned, the Commissioner for District 1, OK? I'm all right with the wooden benches. Mr. Rollason: Commissioner -- Commissioner Gonzalez: If you have them, you know, I'm ready to do -- I would like (UNINTELLIGIBLE) -- Yes, sir. Commissioner Teele: (UNINTELLIGIBLE). Commissioner Gonzalez: Yes, sir. Commissioner Teele: I'm in full agreement with the Commissioner. I don't want to vote on anything else relating to the bus benches. We have no business doing the design. The only discussion about design was an accommodation to the people in Coconut Grove and Brickell and Upper Eastside, and I thing that would mean you all need to meet with one Commissioner and work that out with him, but this whole thing, and I mean, I'm not being critical of the staff because I think staff does an excellent job in dealing with a lot of the problems that this City has, particularly in the Planning Department, but it was a mistake for us to be trying to do that design and we need to own up to that. See, the only time that I found out that we made the mistake was after the meeting, and now I'm hearing a Commissioner say it on the record, but the staff presented to us that the consultant or the contractor, dah, dah, dah. I don't want -- he said, she said, I think this is an issue that the contractor should be trusted enough to do their job and we should oversee that. I have said at every turn to the Chagrin and the upset and upsetting a lot of people, particularly in the Grove, one thing, bus benches are not about advertisement for the City, primarily, nor are they for the aesthetics of neighborhoods. They are for the transit dependent people. Those are the people who have no choice, but to ride the bus. How this City could get involved into designing something that is so adversarial to the transit dependent is a personal -- you know, it's very difficult, and so what I think that you all should do in concert with what Commissioner Gonzalez is suggesting, we don't need to vote on this stuff anymore. We've approved the contractor, we don't need to micro -manage the contractor per se. I trust the professional staff. I trust the Manager. I trust you. I have particular trust in the Planning Department for aesthetics. Mr. Rollason: I understand. Commissioner Teele: For how things look, not for how things work per se, you know, there's a difference between being an industrial engineer and an architect, and we need to respect all of our various disciplines, and let's try to get this away, tough one point that I would like to make to the Manager and to the Clerk on the previous discussion, I don't think we should talk, Mr. Manager about warning people who advertise because they are clearly -- I'm talking about this other issue, they're clearly victims just like we are, to some extent. What I do think we should do through the Clerk's Office is we should send an official notice to all of the candidates that are qualified, advising them that this bus bench company is not a licensed vendor for purposes -- Mr. Gimenez: That's what we plan to do, sir. Commissioner Teele: -- and here's the name of the bus bench company that they should use. We should also use our good offices to work with the incumbent, the correct vendor to get him to work with those people that may have been dooped out of money because -- you know, when we pick up these bus benches and put them on Key Biscayne, the only loser in this are going to be these third parties unknowns of all of this machination going back and forth, the people who have in good faith tried to make an ad on the bus benches, so I think we need to be forthright. We need to be transparent, but we need to be sensitive to the fact that there's some innocent third parties perhaps that could get hurt in this process. I don't know why we keep going over this. That's -- and thank you, Angel, because -- Mr. Gimenez: Commissioner. Commissioner Teele: Go ahead, sir. Mr. Gimenez: Commissioner, if I may -- I may use the -- Commissioner Teele: Commissioner Gonzalez had the floor and he yielded to me but I -- Commissioner Gonzalez: No, I'm done. Chairman Regalado: Mr. Manager. Mr. Gimenez: Yeah, I may have used the word -- the wrong word by saying "warning," we are - - that's exactly what we're doing, we're advising them that -- hey, you know, watch out for this because this is not a licensed individual. In terms of the wood, last word I got on (UNINTELLIGIBLE) those wooden benches was that there were some safety issues. Is that -- yes? Mr. Rollason: That -- they have been resolved. Mr. Gimenez: Those have been resolved? Mr. Rollason: Yes, sir. Mr. Gimenez: OK, and so, you know, Mr. Chairman, members of the Commission, if -- you know, I'm looking for policy direction from you all, if what Commissioner Teele has said is what you're all in agreement with -- Commissioner Teele: No, what Commissioner Gonzalez said, I just agreed with him. Mr. Gimenez: OK, and we will proceed with the wooden benches, however, there's one other thing that I asked the company to provide, and there's a couple of issues. Number one, they have a 16 -square foot panel, which is their standard panel. In some areas, that panel is big, is so big that it actually obstructs the sidewalk and people either have to go into the street in order to get around it. We will not accept that, so they have to come with different size panel which will not obstruct those areas. There are sidewalks that are big enough to handle the 16 -square foot panel, that'll be fine, so we're working with them to get an plan in place as to where it is they're going to be put, exactly where it is they're going to be put, what kind of panel goes where, which ones are going to have no panels, and then once we have that in place, then we'll put it, because it really will not make sense for us to say, OK, start installing, you know, these benches all over the place. We need to really have a plan. We also want to make sure that they don't put a bus bench somewhere where a bus shelter would fit, because the people really want a bus shelter is not really looking for bus benches, so that's part of the entire process, by not having to come back to the Commission for the rest of the City, and only coming back for those three areas that we talked about, it will speed up the process, but there's still some issues to be ironed out with the company. Commissioner Gonzalez: Mr. Manager, I agree a hundred percent because I have seen the issue with the panels, as a matter of fact, there is one on 27th Avenue and 16th Street. I parked my car, got out of the car and tried to walk through the sidewalk, and in fact, there's a problem with that, but the installation of panels should not interfere with the installation of bus benches. I mean, we can start providing the bus benches for the people that need to take the bus every day to go to work and to go home, and then you can work out with the company the issue about the panel, the size of the panels, you know. Like you say, if they can accommodate the big panel in a section, fine. If they have to accommodate the smaller panel somewhere else, you know, that's another issue, I mean, you know, I would -- at least my concern, and from what I heard Commissioner Teele said at the last meeting, our concern is that the people that need to take a bus every day need to have a bus bench where to sit, and that's what we should be working for, I'm sure that you will be -- you're capable enough to come to an agreement with the company to work out the deal of the advertisement. Chairman Regalado: Angel, the Manager is looking for policy decision, so, we really need to formulate a policy and I remember vividly, that on the first discussion it was mentioned specifically, the areas of the Grove, Brickell and the Upper Eastside. I think that Commissioner Teele is right and I think that the Commission member of that district should be involved and this should not be a policy of this whole Commission because other districts have other priorities, unless, you know, another member of the Commission, like Commissioner Sanchez decides, well, I just want to have some input in my district, it's only fair; but other than that, if I can -- if I recapture your idea, and Commissioner Teele's, could you make a motion saying, Mr. City Attorney, go ahead, Mr. City Manager, continue with the process working with the vendor and consult with the Commissioner of District 2 -- Mr. Gimenez: But -- Chairman Regalado: No, I understand, and in order to accommodate the residents. My understanding, by the way, is that Tory Jacobs from the Brickell Homeowners Association has met with the members of the Sarmiento team and they have resolved some of the issues that they had, but I don't know. Mr. Rollason: That is correct. As I get the inference, what I'm hearing from you is that in all the districts except in Commissioner Winton's -- Chairman Regalado: Wait a minute. Commissioner Sanchez wanted to -- Commissioner Sanchez: I just want to say something. Mr. Rollason: All right. Commissioner Sanchez: It's very -- this is embarrassing to the administration, to us -- we were on CNN (Cable News Network). It's a big embarrassment to the City. Let's get it over with, but I just don't want to rush into things because some of the arguments that you made on the wooden benches that I went -- personally went to see the first two hundred benches and I think just about everybody who went to see -- Commissioner Teele: Right. Commissioner Sanchez: -- and they were nice, some of the concerns that you had are valid concerns. One, the wood could be vandalized and then the other issue was the aluminum -- of course, you know what's going to happen to that aluminum, it's going to be vandalized and it's going to be taken down by the river and sold for scrap, so some of the arguments that you made are very valid. They have merit in the situation. I don't know what the solution may be, but I tend to agree on what Commissioner Gonzalez says that we do not need to have any more meetings. We did that already, we had public input. The biggest concern was -- nobody talked about the design, the only concern here we -- you know, we keep mixing apples and oranges, you know. The advertisement was the hottest issue because Vice Chairman Winton's district apparently felt that advertisement wasn't suitable for their characteristics or whatever, which I happen to disagree and I think that we can find a solution to it, and we'll get that later on; but this is -- what I'm trying to say is, do your job administration. Get this thing over with and get it over with because it's embarrassing. We're talking about it. The news is here for the bus benches, and the last thing that we need is -- you know, I have friends of mine calling me from Atlanta because they saw it on CNN. I mean, call me and talk to me about what's happening in the airport with the situation that we have, I could deal with that, but with bus benches, it's embarrassing to us. So let's just (UNINTELLIGIBLE) over with, I don't think we need to keep beating the dead horse, and bring it back for an approval, whatever the solution may be. Chairman Regalado: Commissioner Teele. Commissioner Gonzalez: Mr. Chairman -- Oh, I'm sorry. Commissioner Teele: Mr. Chairman, I heard your comments, I -- we have a very good lawyer here, but we need to be careful now. We had a document out there. We negotiated a contract and you can't go in and now just start arbitrarily, and I don't want to speak for their lawyer either, but we need to -- I think we would be in a better legal position, Mr. Attorney, if a motion were made to authorize the Manager to go back and meet with the contractor in order to determine -- Chairman Regalado: That is -- Commissioner Teele: -- some options -- Chairman Regalado: -- that is the motion. Commissioner Teele: -- I would be pleased to make that motion. Commissioner Sanchez: Second. Chairman Regalado: That is the motion, the wording is similar, but that was the motion to -- Commissioner Gonzalez: Mr. Chairman. Chairman Regalado: -- the Manager was looking for policy direction. That is the motion, to tell the Manager to go and meet and continue -- and consult with Commission District number 2 Commissioner because of the issues of style. Mr. Rollason: Mr. Chairman. Commissioner Gonzalez: Mr. Chairman. Mr. Rollason: Oh, I'm sorry. Chairman Regalado: Yes, sir. Commissioner Gonzalez and (UNINTELLIGIBLE). Commissioner Gonzalez: And I'm more than willing to attend any meetings required of any time that Commissioner Winton needs me to attend, any kind of meeting, I'm more than willing to assist and cooperate and do whatever it takes to make sure that -- Mr. Gimenez: Sir. Commissioner Gonzalez: -- his district is also satisfied with whatever they decide to go with. Chairman Regalado: The bus benches he doesn't want you to take them to Allapattah. Commissioner Gonzalez: Yeah, fine. Vice Chairman Winton: Well -- Commissioner Gonzalez: Take them. Vice Chairman Winton: Mr. Chairman. Chairman Regalado: Yes, sir. Vice Chairman Winton: And I heard -- I forget who made reference to the fact that we've had all these public hearings. The fact to the matter is in District 2 there've been virtually no public hearings and that's one of the big complaints; is that Sarmiento has not met with the folks in District 2 at all, and we need to do that, so, and I agree with -- I can - I quarrel with nothing you all have said up here, nothing, but I think that the steps that Frank has outlined need to be -- the sequencing of those steps need to be modified, and I agree with all of you. I don't want to see the damn bus benches again, I don't want to raise my (UNINTELLIGIBLE), I want the staff to meet with the public and the public includes the bus bench riding public, as well as the folks who live in my neighborhoods, and that team needs to be together with your staff to figure out what's going to go in District 2, and once you get that figured out and everybody -- and we've had huge success doing it this way. We get all the players around the table and they truly talk it through and you come to real resolution to the problem, and that's what I would like to see for all of District 2, so you get Sarmiento to the table with the staff with the neighborhood people and with the bunch bench -- with the bus bench -- Commissioner Teele: Bunch. Vice Chairman Winton: -- using public and hash this thing out and come out with not only the design, but the type of materials and all that and I'm going to be happy as can be. Commissioner Teele: The Attorney had a question. Mr. Vilarello (City Attorney): Mr. Chairman. Chairman Regalado: Yes, sir. Mr. Vilarello: We have a vehicle right now to address Commissioner Teele's concern. The Sarmiento company has come to us asking for relief from the contract. Commissioner Teele's concern was -- the City can't unilaterally amend an agreement with a third -- with another party. The vehicle that we have is an amendment that Sarmiento is asking us to consider, reducing their obligation in a letter of credit, and they have already agreed to make the accommodations Citywide. As I understand the directions of the City Commission so far, is that Commissioners Teele and Gonzalez have agreed to proceed with the wooden benches that we previously looked at. With regard to District 3 and Commissioner Sanchez's district, Commissioner Sanchez wants whatever the appropriate design bus bench is to go into his district, as I understand. Is that correct? Commissioner Sanchez: If it's the wooden bench that we could all agree on, I could go with it. I'm just -- I do, I want us not to say OK, let's just go to the wooden bench and not take the recommendation of the City, which were valid. One is, it could easily be vandalized and then, of course, the aluminum will be stolen and become scrap metal, so, I mean, if we could -- you know, if we could come together on the issue, but it's just (UNINTELLIGIBLE) -- Mr. Rollason: (UNINTELLIGIBLE) Commissioner, have been address, they have -- Commissioner Sanchez: They have -- Mr. Rollason: -- they have come back with tampered proof type of things to hold it on -- Commissioner Sanchez: Then that's what I need to hear -- Mr. Rollason: -- the safety -- Commissioner Sanchez: -- Frank. Mr. Rollason: -- were modified, so -- and the vandalism issue, they got a performance bond posted where within 24 hours of one being wrecked and 48 hours of one being vandalized, they must replace that bench and do the repairs. So -- Mr. Vilarello: And with regard to Commissioner Winton's district, District 2, that they design the -- put through a public hearing process, with both the residents and the bus bench using community, the public, before those are used and then proceed with that. I have not heard with regard to Commissioner Regalado's district and how you would like to handle that. Commissioner Teele: Well, there's a motion on the floor and I would amend my motion to conform with the statement of the attorney regarding -- instructing and further requesting the Manager to consider the request that Sarmiento has made in addition to -- Vice Chairman Winton: Right. Commissioner Teele: -- the request that we have and further to hold public hearings in Commissioner Winton's district especially, as well as within the transit of public, I would amend my motion to conform to those -- Commissioner Sanchez: Second on the motion. Please call the question. Chairman Regalado: OK, we have a motion and a second on policy direction to the Manager. All in favor, say, "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following motion was introduced by Commissioner Teele who moved its adoption: MOTION NO. 02-912 A MOTION AUTHORIZING THE CITY MANAGER TO MEET WITH APPROVED BUS BENCH CONTRACTOR TO DETERMINE SOME BUS BENCH/BUS SHELTER DESIGN OPTIONS AND FURTHER TO CONSULT WITH THE DISTRICT 2 COMMISSIONER TO ADDRESS CONCERNS OF SAID DISTRICT; FURTHER REQUESTING THE CITY MANAGER TO CONSIDER THE REQUEST OF SARMIENTO TO SEEK RELIEF FROM THE CONTRACT BY AMENDING THE CONTRACT TO REDUCE THEIR OBLIGATION ON A LETTER OF CREDIT; AND FURTHER TO INSTRUCT THE ADMINISTRATION TO HOLD PUBLIC HEARINGS IN DISTRICT 2 TO ADDRESS BOTH THE RESIDENTS AND THE BUS TRANSIT POPULATION'S CONCERNS IN SAID DISTRICT. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton. Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr NAYS: None. ABSENT: None. Commissioner Sanchez: Mr. Chairman -- Chairman Regalado: Yes, sir. Commissioner Sanchez: -- before we move on, I just have one question. Could we -- would it be possible to combine the two contracts, the shelter and the bus bench, into one, and if it could be possible right now, you have those bus shelter out there, that first of all, don't have electricity; they're in horrible conditions. It's just a thought. Mr. Gimenez: Commissioner, we had a discussion with the bus shelter people this week also, and it's certainly our view, the administration, that it should all be coordinated and all should have the same look. Unfortunately, what happened was -- we had to go into this bus bench contract because the previous bus bench person not paying us, et cetera, et cetera, so, we -- they're not -- they don't come due at the same time. The bus shelter is held by Clear Channel. We talked to them about maybe entering a joint venture, OK, with Sarmiento and share profits, et cetera. They may be discussing that. They may -- they're looking at that, but regardless, if we have to go with a separate bus shelter contract, there's no reason why, either now we can renegotiate, or two years from now when it actually, you know, comes due, that there is a consistency and some kind of plan so that -- again, that's why I said, "I do not want bus benches or bus shelters can go because that's what really the people want..." I think there's a way that the two companies can work together, make it have a consistent look, and you know, for the benefit of everybody -- a lot better than what we have now. They understand that what they have right now, the bus shelter people, is not acceptable. Chairman Regalado: OK. Does -- Does that -- we won't have this back for a while -- Commissioner Sanchez: You got to vote on it. Commissioner Teele: Call the question. Chairman Regalado: It is. Or -- we already did. Commissioner Teele: Did we really? Chairman Regalado: Yes, 5:0. It passes, Madam City Clerk, pass at 5, 5:0. Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Sanchez: There's another issue on the -- isn't there any (UNINTELLIGIBLE) return the -- Vice Chairman Winton: We don't have to vote on that. Commissioner Sanchez: Oh, you don't have to vote? Vice Chairman Winton: You mean, pick those (UNINTELLIGIBLE)? Commissioner Sanchez: No, no, no, no. Frank, did you have another issue? Mr. Rollason: Right, but I think we've handled that with the motion that was here a while ago. Commissioner Sanchez: No, I don't -- Mr. Gimenez: No, we were going -- we were going to talk a little bit about what had happened, and if you don't want to talk about what happened because there -- Mr. Rollason: -- you know, there's a reason why things happen -- Mr. Gimenez: -- No? You don't want to discuss it? No? No problem. Commissioner Teele: I just want to know (UNINTELLIGIBLE). Mr. Rollason: And if we don't (UNINTELLIGIBLE) -- and if I don't have to (UNINTELLIGIBLE) again, I'm a really happy guy, but, let's just say that (UNINTELLIGIBLE) the same thing that I've got with the pocket item by the motion that was taken -- Commissioner Sanchez: You put that in your motion. Mr. Rollason: What? (INDISTINCTIVE VOICES) Mr. Rollason: Right. Yes. (INDISTINCTIVE VOICES) Unidentified Speaker: (UNINTELLIGIBLE) negotiate then. Commissioner Sanchez: OK. Chairman Regalado: OK. Commissioner Teele: Mr. Chairman -- Chairman Regalado: Yes, sir. Commissioner Teele: -- I know that we've been going back and forth -- we got a lot of issues, and I'd like to make sure that we don't talk about a lot of administrative issues and miss what we came here for, which is the budget. Commissioner Gonzalez: Right. Commissioner Teele: I do know that the Greater Miami Commission and Visitor's Bureau has been trying to get a very important agreement and I know that that item -- is that going to take a long time, Mr. Manager? Chairman Regalado: That is (UNINTELLIGIBLE). Commissioner Sanchez: Do we have a commitment in (UNINTELLIGIBLE)? Commissioner Teele: Huh? Vice Chairman Winton: He said it depends on us, that's for sure. Commissioner Teele: Well, Commissioner Winton, is it a done deal, then? Commissioner Sanchez: Yeah. Vice Chairman Winton: I haven't heard a thing, so I don't know. Chairman Regalado: Well, look, we have -- Vice Chairman Winton: I hope. 3. APPROVE PLANS FOR DESIGN OF INTERNATIONAL PRESS CENTER TO BE LOCATED IN WATSON ISLAND AND STIPULATIE THAT COST FOR SAID CENTER IS TO BE SPLIT BETWEEN CITY AND GREATER MIAMI CONVENTION AND VISITORS' BUREAU. DIRECT MANAGER TO CONDUCT MARKET STUDY TO DETERMINE ECONOMIC IMPACT, POSITIVE AND NEGATIVE, OF HAVING FUEL FACILITY ON WATSON ISLAND AS RELATES TO CONSTRUCTION OF WATSON ISLAND REGIONAL AVIATION AND VISITORS CENTER. AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH GREATER MIAMI CONVENTION AND VISITORS BUREAU FOR BUREAU'S ISSUANCE OF REQUEST FOR QUALIFICATIONS FOR CONSTRUCTION MANAGER AT RISK AND ITS RESPONSIBILITY TO OVERSEE AND MANAGE CONSTRUCTION OF WATSON ISLAND REGIONAL AVIATION AND VISITORS CENTER. Chairman Regalado: We have several items that we want to just bring to the Board before we do the workshop, but we had the issue of the Greater Miami Convention and Visitor's Bureau Headquarters in Watson Island -- it's scheduled on the 25th and -- so we have Bill Talbert here and we have the Manager. I can tell you, I can tell you, I mean, like I had issues with the international press center. I can tell you that the plans that were shown to me are, for me, the right size, the right place, and something that the City should and would be proud of having the first international press center, and I think it would be a five-star international press center in all South Florida, so -- Vice Chairman Winton: Here, here. Chairman Regalado: -- if you ask me that was one of the issues, so if there's any other issues -- Commissioner Teele: Mr. Chairman, I have not been briefed on the item, but I know it's the kind of vision that's a big ticket item, has a big impact, and we don't need to kick it around a long time. I mean, I assume that the rest of the Commissioners have been briefed on it. I raised questions about it before, which may have slowed it down to some extent, and I just wanted to make amends by saying -- if everybody's in agreement, I thought the important dialog about this was, one, the type of facility and the fact that the facility should be branded City of Miami, and not a whole lot of names, you know, and I thought that was very important, and I was pleased that the Chairman weighed in on it. I can only assume that Commissioner Winton, whose district this is in, and the other Commissioners have been fully briefed. I've not been briefed at all, but I mean, if the Chairman is -- Vice Chairman Winton: Me either. Commissioner Teele: Huh? Vice Chairman Winton: I haven't either. But I'm -- if they've settled all that, I'm thrilled. Commissioner Teele: OK. You've been briefed? Vice Chairman Winton: So maybe they can get us quick -- we got all the issues resolved? Commissioner Sanchez: Actually, no, they haven't (UNINTELLIGIBLE). Vice Chairman Winton: Yes. Chairman Regalado: Go ahead, Bill. Vice Chairman Winton: No. Chairman Regalado: Somebody -- will somebody come and try to fix that microphone? Bill Talbert: There you go. Yeah, here's a -- here's a follow up to the last meeting. We're (UNINTELLIGIBLE) -- Commissioner Teele: Your name is -- Mr. Talbert: Bill Talbert, President and CEO (Chief Executive Officer) of Greater Miami Convention and Visitor's Bureau, thank you, Commissioner Teele. We did go back with the architects on this project, and looked to comply with the City's request and Commissioner Regalado's request regarding and international press center. We did come up with a design, our staff met with the Commissioner. The Commissioner was happy. We were satisfied. It takes that MSEA (Miami Sports & Exhibition Authority) space that was in the back next to the press center has a small presence out overlooking the water. We have agreed with the City staff and the Commission to spread the operational cost of that center and I think the City will outfit it, but, as a press center, to (UNINTELLIGIBLE) destination, we look forward to the opportunity to participate in it. Vice Chairman Winton: So moved. Commissioner Sanchez: Second. Commissioner Gonzalez: We have a motion. Chairman Regalado: We have a motion and a second to approve the plans for -- Commissioner Sanchez: Is the administration supportive of this? Carlos Gimenez (City Manager): We'd like to see 21 and 22 passed. Commissioner Sanchez: OK. Commissioner Teele: Is the architect -- who is the architect of the City of Miami? (UNINTELLIGLE RESPONSE) Commissioner Teele: No, no, no, no, no. There's a designated person under the personnel rules as the architect of the City. Allan Poms. Has Mr. Poms reviewed this? You know, everything operates ex -parte, and whoever is there gets to talk. Has the architect of the City reviewed this? That was the comments that we discussed before. Can we get the professional architectural staff on this -- he did approve it? Dena Bianchino: No, we will do as you're suggesting, sir. Commissioner Teele: Has he approved it? Chairman Regalado: He hasn't seen it. Lucia Dougherty: He has not seen it. We will send the plans to him immediately so he can review them. (UNINTELLIGIBLE) this project is -- Chairman Regalado: Your name? Ms. Dougherty: -- Lucia Dougherty, 2021 Brickell Avenue, here on behalf of the Bureau, John Mackenzie [PHONETIC]. This project has been through a major use special permit, so every board in the City of Miami has reviewed it and approved it, (UNINTELLIGIBLE) -- Commissioner Teele: Lucia, I'm not talking now about that issue. Ms. Dougherty: OK. Commissioner Teele: I'm talking about the issue that sort of sidetracked this, that Commissioner Regalado, in my opinion, was 100 percent right. The utilization of space, so the landlord issue, and how the City is going to -- where in the City was going to be, because initially, weren't we overlooking the park -- ? Wasn't it overlooking the parking lot or something? I mean, I don't know anything about space -- Chairman Regalado: Right, but you see, what -- the -- let me just briefly explain that when this discussion went through MSEA, through Miami Sports and Exhibition Authority, some members raised (UNINTELLIGIBLE), "No, we want the press center facing the water, it has to have windows for the people to view the water," and then, I and some people came and discussed that, and explained that it is very difficult for a press center to have windows because of the glare and the sun, so the way they did it is that we have the VIP (Very Important Persons) holding room with a beautiful view to the bay, and then we have the enclosed international press center, where you hold the press conference like this area, which is located at the other end of the building. I'm not an architect. I don't know about that, but I did review the plans and for Miami's image, it's very good, because when you bring a dignitary, that dignitary will be brought to this VIP room and he or she will have dinner, drinks or whatever, it will -- probably have one to one interviews there, and it's a beautiful view, but if that person wants to hold a formal press conference with all the lights and thing, and cameras, then it would move to the international press center, and that is the space that MSEA wanted from the beginning, that the MSEA board and the City Commission changed from MSEA office to international press center with the caveat of the VIP room, so, Commissioner Teele, I don't -- you, you're right. They should have reviewed -- Commissioner Teele: Sound, you sound like you'd be a good deputy architect for the City. Chairman Regalado: No, well, I don't have anything to do with the benches, so -- Commissioner Teele: Call the question, Mr. Chairman. Chairman Regalado: Anyway, we have two motions to vote on. Item 21, we have a motion and second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: The motion passes. The following motion was introduced by Vice Chairman Winton, who moved for its adoption: MOTION NO. 02-913 A MOTION APPROVING THE PLANS FOR THE DESIGN OF THE INTERNATIONAL PRESS CENTER TO BE LOCATED IN WATSON ISLAND AND FURTHER STIPULATING THAT THE COST FOR SAID CENTER IS TO BE SPLIT BETWEEN THE CITY AND GREATER MIAMI CONVENTION AND VISITORS' BUREAU. Upon being seconded by Commissioner Sanchez, motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Chairman Regalado: Item 22. Vice Chairman Winton: So moved. Commissioner Gonzalez: Second. Commissioner Sanchez: Second. Chairman Regalado: OK, we will. We have a motion and a second. Go ahead, sir. Just come to Martin Tritt: My name is Martin Tritt. I operated the fuel dock on Watson Island for 24 years. It's a 33 year old business that started in Bayfront Park. I questioned the fact the way this is really a tourist authority that's willing to give up the only evening fuel and live bait and fresh bait in the area. The live bait and fresh bait is the only one that at any time, (UNINTELLIGIBLE) was supposed to end (UNINTELLIGIBLE) defensive trucks. There's really no reason for -- to put me out of business. There's no reason for the City to give up the sale of $500,000 of fuel a year, which is going to lead to endless problems for the boaters of Miami. You claim to be interested in boating. The governor just issued a proclamation about boating. It's very, very easy to destroy a fuel dock and I am in compliance since 2001. It's easy to destroy a fuel dock, it's very hard to get one back, and we're going to find endless problems when probably by moving this boating 50 feet to the east, we can all be together. I could also be very interested in adjunct to the children's Museum, when they're bored, they can come over and see our (UNINTELLIGIBLE) inside (UNINTELLIGIBLE) I'll be willing to upgrade my location, if I had the opportunity that none of you have been willing to give me, even a ten- minute meeting. Mr. Regalado says he's (UNINTELLIGIBLE) next week, however, the present building to me does not necessarily have to come over (UNINTELLIGIBLE) to my side, and if (UNINTELLIGIBLE) I just going to stay in business forever, really, there's -- (UNINTELLIGIBLE) and it doesn't infringe on the Flagstone Project and it doesn't have to infringe on the Aviation Center. All the money is in the Aviation Center, as I understand it. In the Aviation Center, the one that I pay at the present time, including sales tax and so forth, comes without (UNINTELLIGIBLE) $40,000, rent approximately, plus your sales tax and licenses, and all the other thing you're going to lose, so if you lose, the moving of Chalk's (UNINTELLIGIBLE) trucks (UNINTELLIGIBLE) to the City, which now has to go into the aviation facility. You're going to wind up with great deficit; yes, you're going to wind up with a plus, (UNINTELLIGIBLE) causeway, that the eventual three million visitors to the Parrot Jungle you're going to find out that the -- nobody is going to be able to get to Miami Beach, and you `re going (UNINTELLIGIBLE). Thank you. Chairman Regalado: Thank you, Mr. Tritt. OK. Yes, Johnny. Vice Chairman Winton: God, I hate saying this. His project is clearly the tail trying to wag the dog, so, and I don't think he has a very good facility, but there's a part of me that says that I'm not sure that we, as a City, have looked at whether or not the facts about leaving fuel, which is a big deal. There's a lot of places to get bait; lots of places, but fuel is a different issue, and fuel is a real pain in the rear end to get, and as he said, once you close it down, you know, it's hard to get more fueling facilities for boating, and so, I had never heard anyone from staff say that we've looked closely at the impact of this to determine whether or not we ought to have our own or somebody's fueling facilities as a part of this project, and so, I haven't heard staff say that. Now, maybe they just haven't said it, and I haven't asked it. Have we looked at that issue -- from a market standpoint? Ms. Bianchino: No, sir. This all resulted from a space planning standpoint, not a market issue (UNINTELLIGIBLE) -- Mr. Gimenez: Dena, will the Flagstone Project have any fuel in it? Ms. Bianchino: It is my understanding that they will. Vice Chairman Winton: Well -- excuse me -- Chairman Regalado: Wait, wait, wait, wait, wait. Mr. Tritt, one second, one second. We have a Commissioner (UNINTELLIGIBLE) -- Vice Chairman Winton: When you say it's your understanding, does that mean you know that it's a part of their plan, or you think it's part of their plan? Ms. Bianchino: We are now negotiating the plan and this would be part of the negotiation. It is - - I can't give you a yes or no answer at this point. Vice Chairman Winton: And when -- do both of these resolutions, or do one of these resolutions have an impact on these fueling facilities? Ms. Bianchino: Yes -- Vice Chairman Winton: One of these resolutions does or doesn't? Ms. Bianchino: Well, it -- in the last Commission meeting, Commissioner Teele asked that consideration be given to tenants like Mr. Tritt, and they not be asked to move immediately, that they be allowed to stay until construction is really ready to begin and I believe the City Attorney is looking at how to do that, so that this right -- what you're approving on number 22, just authorizes the City Manager to enter into an agreement with the Bureau to come up with construction cost for the building, so because the Bureau is taking the risk on this, in terms of cost. Vice Chairman Winton: OK. Ms. Bianchino: So nothing you're passing today is going to force him to move. Vice Chairman Winton: OK, so, it seems to me that what we ought to be doing is doing some research to determine what they -- what the potential economic impact (UNINTELLIGIBLE) and the negative for fueling facilities would be on Watson Island, so that we get better answers ourselves. Because depending on that answer, that's going to dictate how we drive some of the future, and it isn't too late to solve the problem. It would be too late to solve the problem later and we wake up and say, "God damn, why the hell did we run those fueling facilities off?" Just think of all the buh-buh-buh-buh-buh we can be getting here if we had that still, so, it's not too late to do that, and I think we ought to do that, so -- do we need a motion to direct that or do we need -- Chairman Regalado: That motion was, Johnny, passed, I think two Commission meetings ago, the fact that what Dena mentioned, that -- Vice Chairman Winton: That the City Attorney is working there. Chairman Regalado: That the City Attorney (UNINTELLIGIBLE) -- Vice Chairman Winton: (UNINTELLIGIBLE). Chairman Regalado: -- work out the details -- Vice Chairman Winton: That's different. I'm say -- I'm (UNINTELLIGIBLE) -- Chairman Regalado: No, yeah, yeah, what you're saying (UNINTELLIGIBLE) for his problem it's not going to be immediate. Vice Chairman Winton: Right. Chairman Regalado: It's going to be some time -- Vice Chairman Winton: And we passed that resolution. What I want to make sure is that the staff is in fact directed to do the market research to determine the economic impact here. Chairman Regalado: We have a motion by (UNINTELLIGIBLE) -- Mr. Gimenez: Commissioner, can we get a clarification of what that means? Can we -- is it an economic impact to the City or (UNINTELLIGIBLE) I mean, economic impact, I mean, it's an economic impact for -- Vice Chairman Winton: I think it isn't - I think it is -- Chairman Regalado: It's looking for a fuel facility in the area. Commissioner Gonzalez: Right. Vice Chairman Winton: And, and it is part of the -- there's, there's dollars to the City, but there's also a part of the City, its conveniences that are broad -ranging in quality of life issues. Well, this is one of those things that may not bring a lot of money to the City, but it may be one of those convenience issues that has some significant ancillary benefit to the City, and that's so -- that's what I'm really -- Ms. Bianchino: We understand what you're looking for. Vice Chairman Winton: And particularly, when you think about the new development going on there. A lot of people could come by boat, and we would want them to come. Well, they can come by boat. There'll be two reasons to come by boat, so even the project could benefit because they're going to come by boat and fuel, well, on fuel, let's get and have a beer, (UNINTELLIGIBLE) -- Mr. Gimenez: Commissioner. Vice Chairman Winton: Well, maybe they don't sell beer, they, they're going to sell -- let's get out of the boat and have a martini. Mr. Gimenez: Commissioner, in all honesty, some kind of fueling would make a lot more sense in the Flagstone Project, than, than here -- or maintaining this particular facility because this particular facility -- Vice Chairman Winton: I'm not saying -- Mr. Gimenez: -- does not -- Vice Chairman Winton: -- to maintain this facility, understand that clearly. I am not promoting maintaining this facility. I'm simply saying that we need to understand clearly whether we need those facilities on Watson Island or not, and that we plan appropriately for those facilities, and that we -- since we have them there already, you might -- there are ways how you can dove -tell things so that you don't necessarily end up with a big gap in service either. Now, you may figure out that you can't do that, but we ought to look at it that way, because it's in our public's best interest if we can figure that out. Commissioner Sanchez: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Gonzalez: Do we have a motion? Vice Chairman Winton: I think so. Commissioner Gonzalez: Second the motion. Commissioner Sanchez: Discussion, Mr. Chairman. Although I'm very sympathetic to the gentleman and the other people who, basically, have had to move on because of the project that's coming to that area and it's going to benefit the City, the impact that you -- you're stating is something that we need to look at because of -- you know, we focus on mega yacht marinas and stuff, that when will be built and we still have a demand, not for the shrimp or the sardines, but the boats that are going to need fueling and stuff. Now, (UNINTELLIGIBLE) -- Mr. Tritt: (UNINTELLIGIBLE) -- Commissioner Sanchez: -- sir -- Mr. Tritt: -- (UNINTELLIGIBLE) come to see my customers and talk to them. Commissioner Sanchez: Yes, sir. Mr. Tritt: I have 2200 signatures at the present moment, without going out over the City to get them. This is a convenience to not only the working people, but the people on Fisher Island, people on Star Island, and all these islands. As far as being able to get bait in the evening, as far as being able to get food before they go to the Bahamas. If there's a space, it's all over. Commissioner Sanchez: All right. Mr. Tritt: That's why I ask (UNINTELLIGIBLE) just to look into it. Commissioner Sanchez: Sir, you --, you've told (UNINTELLIGIBLE), but let me just say, the developer that's going to develop there, whatever the project -- it's -- right now underway, the marina they're going to built there for mega yacht marinas, I'm sure will have a facility to cater for boats, in -- including fuel. Mr. Tritt: (UNINTELLIGIBLE) Commissioner Sanchez: If the Administration tells me that they're going to provide a marina there, then I say that is sufficient that there will be fuel for those boats, and not only boats that stop there or dock there, but passing through boaters, they're going to have a facility, stop, get their gas, and continue, whether they're going down south to Elliot Key, or Bimini, or the Great Banks -- Mr. Tritt: I'm talking today (UNINTELLIGIBLE) last time, and she said they'll refuel the mega yachts by barge, which is the only sensible way to fuel a mega yachts, and that's we were all interest in, (UNINTELLIGIBLE) location is not affected at all by them, period. They were not interested in talking to me about gas. Commissioner Teele: All right. All in favor, say "Aye." The Commission (Collectively): Aye. Commissioner Sanchez: One "No." Vice Chairman Winton: No? What are you "no" for? Commissioner Sanchez: Ah? Vice Chairman Winton: What are you saying no to? Commissioner Sanchez: That study. Vice Chairman Winton: Oh, you -- Commissioner Teele: All right, the motion was to approve Item number twenty -- Priscilla A. Thompson (City Clerk): No, you had a mo -- a motion -- Commissioner Teele: No, no, no, no. Ms. Thompson: -- there's a motion on the floor to approve Item 22. Commissioner Sanchez: Oh, I'm sorry. Ms. Thompson: And -- and there's also a motion on the floor by Commissioner Winton, second by Gonzalez, to -- on his study. Commissioner Sanchez: Well, I -- I'm not supporting the study, but I'm supporting the motion. Vice Chairman Winton: No. Commissioner Teele: Well, what did we vote on? Vice Chairman Winton: I don't know. Ms. Thompson: We need to clear up the motion on the study. That's what -- that's (UNINTELLIGIBLE) and then we go to the next one. Vice Chairman Winton: Is that what (UNINTELLIGIBLE)? Commissioner Sanchez: Separate the motions. Vice Chairman Winton: No, no, they -- I thought they were separate. I didn't -- Commissioner Teele: Motion on the study. All in favor for the motion on study, say "Aye." The Commission (Collectively): Aye. Commissioner Sanchez: No. Vice Chairman Winton: OK. Now, so move -- Commissioner Teele: The roll passes 3:1. The following motion was introduced by Vice Chairman Winton, who moved for its adoption: MOTION NO. 02-914 A MOTION DIRECTING THE CITY MANAGER TO CONDUCT A MARKET STUDY TO DETERMINE THE ECONOMIC IMPACT, POSITIVE AND NEGATIVE, OF HAVING A FUEL FACILITY ON WATSON ISLAND AS IT RELATES TO CONSTRUCTION OF THE WATSON ISLAND REGIONAL AVIATION AND VISITORS CENTER. Upon being seconded by Commissioner Gonzalez, motion was passed and adopted by the following vote: AYES: Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: Commissioner Joe Sanchez ABSENT: Chairman Tomas Regalado Vice Chairman Winton: Move 22. Commissioner Sanchez: Second. Ms. Thompson: We already have a motion and a second on the floor, we just (UNINTELLIGIBLE) -- Commissioner Teele: All those in favor of Item 22, say "Aye." The Commission (Collectively): Aye. The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-915 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE MANAGER TO EXECUTE AN AGREEMENT WITH THE GREATER MIAMI CONVENTION AND VISITORS BUREAU FOR THE BUREAU'S ISSUANCE OF REQUEST FOR QUALIFICATIONS FOR THE CONSTRUCTION MANAGER AT RISK AND ITS RESPONSIBILITY TO OVERSEE AND TO MANAGE THE CONSTRUCTION OF THE WATSON ISLAND REGIONAL AVIATION AND THE VISITORS CENTER. Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: Commissioner Joe Sanchez ABSENT: Chairman Tomas Regalado 4. DIRECT ADMINISTRATION TO CONDUCT ECONOMIC STUDY AND PREPARE MASTER PLAN OF PROPERTY OF RUSTY PELICAN RESTAURANT; STIPULATE THAT COMMISSION WILL CONSIDER ISSUE OF EXTENDING LEASE ON RUSTY PELICAN RESTAURANT TO COINCIDE WITH GENERAL ELECTION IN NOVEMBER 2003. Commissioner Teele: Now, the Chairman stepped out, (UNINTELLIGIBLE), but let's move on to -- Vice Chairman Winton: (UNINTELLIGIBLE). Commissioner Teele: I don't want to be here all night on this stuff. Commissioner Sanchez: Let's go. Vice Chairman Winton: (UNINTELLIGIBLE), that's why I said fast and furious. Commissioner Teele: Does anyone have another item that needs to be moved at this time? What are you here on, Ms. Dougherty? Commissioner Sanchez: Rusty Pelican. Lucia Dougherty: The Rusty Pelican. Commissioner Teele: But we have to wait until the Chairman's here on that. Commissioner Sanchez: Right. Commissioner Teele: Personal appearance. Status of Women. All right. If I -- Chairman Regalado: Excuse me. If I can -- no -- if I do the Rusty Pelican now, because we have people that have to leave. One second. Would you be so kind? We have the Rusty Pelican lease -- we have the -- Mr. Manager. The City Commission has until September the 5th to place any items on the ballot for the November general election. The City Manager is bringing to the City Commission today several options, in terms of a lease extension for the Rusty Pelican restaurant, which is a property in the City of Miami -- of the City of Miami, and we have the principals and the attorney. Mr. Manager. Carlos Gimenez (City Manager): Yes, sir, Mr. Chairman. We've had several meetings with both the Rusty Pelican personnel, and we have come to an agreement on a number of issues. However, in front of you is a sheet, which really has the differences between what they want and what we want, and so -- you know, it's going to be a policy decision of this board as to whether you want to put this on the referendum in November, and what are the terms that you want to have. We are recommending a 10 -year extension, plus two 5 -year options, which, in effect, gives them 30 years, because they have 10 more years to go right now on their current lease. They asked for 15 years, plus two 15 -year options, or a 10 -year, plus two 5 -year options. On the rent, we're saying that upon approval of the referendum, commencing January 1, 2003, the lessee shall pay the greater of a minimum annual rent of three hundred and fifty thousand or five point five percent of gross revenue, whichever is greater, and there will be no change to the rent if the referendum pays. We'll also say that commencing upon the earlier of one, the completion of construction, or two, January 1, 2005 the lessee shall pay the greater of the minimum annual rent of three hundred and fifty thousand, or the following percentage of gross revenue. Seven percent from zero to nine million; eight percent from nine million to ten million, and nine percent for revenue over ten million. Every fourth year the minimum annual rent shall be adjusted to 50 percent of the average of the three previous years total rents, paid by Rusty Pelican. The minimum annual rent shall never be less than the previous years minimum annual rent. In terms of what the Rusty Pelican has offered, they're saying, under option one, which is with the 15 years, plus two 5 -year options, that upon approval of the referendum the minimum annual rent would increase to $240,000, and commencing upon the early of one completion of or two years after execution of lease amendment, lessee shall pay the greater of a minimum annual rent of three hundred and fifty thousand or seven percent of gross sales. If they get up to option two, which is basically what we're asking in terms of the terms of the extension, they want to pay an annual rent to increase the two hundred and forty thousand, and they shall pay, again, with the completion of construction, two years, or two years after execution of lease amendment, they shall pay the greater of an annual rent of three hundred and fifty thousand, with a following six percent from zero to twelve million, seven percent for any gross sales over twelve million dollars. We've agreed that they are to invest no less than three million dollars to construct additional banquet facilities and a parking deck, and the lessee shall further use its best efforts to construct a pedestrian walkway along the basin's edge. No rent credit shall be provided for construction of the improvements. That's where we differ and that's where we're looking for your guidance, should you wish to put this on the ballot amendment -- as a ballot question in November. Chairman Regalado: OK. Just a reminder to the City Commission. I guess that this will be the last chance that we have to place this on the ballot, because it is September 5th, but the Commission doesn't meet until September 11th. And so we would miss the ballot. That's why the Manager has been working very hard on this issue with the representative of the Rustic Pelican. Yes, ma'am. Commissioner Sanchez: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Sanchez: Mr. Chairman, first of all, I'm uncomfortable being put in a position where, you know, we are the ones, at the last minute, who have to make a decision. This is getting to a point where it's a common practice with every negotiation in this City, where they wait until the last minute to put us in a situation to make a decision. Nothing on the Rusty Pelican. It's a fine restaurant. It's one of our landmarks in the City. But when you look at what they're paying, which is basically a three percent -- and these are situations that come out that are called the sins of the past, where we've given away precious land for such little money. In other words, the return that the City gets out of it, isn't enough. Let me just say that, in the last four years, I've learned one thing: That we have to have a vision into the future. We have to see this City, not four years from now or 10 years from now, 20 years from now, to improve it. I am, in a way, saddened that the City has not come up with a master plan for that entire area, the entire area, which is the last precious piece of property that we have to develop a world class development to attract, not only more people to our area, but to increase revenue for our City. The master plan will allow us to bring these partial of properties together, and develop a landmark development for the 21st Century. The property at the Rusty Pelican lease expires, if I'm not mistaken, the year 2012. Mr. Gimenez: That's correct. Commissioner Sanchez: City Manager? The marina adjacent to it expires in the year 2008. Once again, I could go back right now and say that we don't want to end up in the situation how we did with the bus benches, and the -- the bus benches and the -- the ones that are covered. Mr. Gimenez: Shelters. Commissioner Sanchez: The shelters. That they're separate -- we can't get them to join up together and create something that we could all be proud of. Mr. Gimenez: I thought we were never going to discuss bus benches again. Commissioner Sanchez: Well, I'm sorry about that. But both of these properties are available to include in a referendum, along with Marine Stadium and the Rowing Club. The potential is incredible. Now, you know, you're talking about a 10 -year, plus another five-year extension. You're talking 20 years down the road that we would, once again, have to exclude that piece of property. Now, I would just want you to take that into consideration, that we have an opportunity to put together a master plan for that area and have them involved in it. They could be a part of that master plan, not to exclude them. They're great. But once we vote on this, and we put it out for the voters to vote, it handcuffs our hands. It ties us down until we lose another great piece of property in our City. And I'm glad to see them coming up to fair market value, with a seven percent that's going to generate more money for our City. But I just think that by us making this decision right now -- and if we don't make it today, we could always do it again next year, or in another election, or put it out for a Special Election, as long as the City doesn't pay for it. District Commissioner. Chairman Regalado: Commissioner Winton, anything you want to say? And then we'll recognize the attorney. Vice Chairman Winton: Not a lot. You know, I'm -- I don't think you can quarrel a lot with what Joe said. I mean, I think the folks from Rusty Pelican have an argument as to why we ought to be doing this. But I, too, -- I'm real nervous about being forced to make a decision that has a 20 -year impact, with one day to think about it, and this is our last shot. I mean, we can't sit here and negotiate, then we go away and you sleep on it and think, "Now, why the hell did I screw that part up? You know, why wasn't I thinking clearly?" I really took major advantage of them, which is going to hurt them later, which hurts us, or they took major advantage of me and I can't ever recover that. And you don't get that kind of opportunity to sleep on it. And I'm looking at these -- the negotiated numbers here and, you know, it's been a long time since I thought about retail leases and percentage rents and remembering how to do the formulas. There seems to be some gaps here in terms of how the percentage rate calculation is set up -- when it starts over the base rent amount. And I think we're leaving a big gap in both of these proposals, where I think we're getting taken advantage of. But it's been so long since I've played with these formulas that I'm not sure that I'm a hundred percent right in terms of how I'm calculating, so I'd like to go back and call my retail buddies and say, "Hey, you know, does this formula work the way I just ran it or did I make a mistake?" But we don't have that opportunity because we're at a deadline. So, I'm -- well, I'm sympathetic with the cause of the folks trying to, in a very favorable interest rate arena, make some improvements there that could be good. I'm pretty nervous about just jumping on day one and being forced to make a 20 -year decision. Chairman Regalado: Lucia. Ms. Dougherty: Thank you, Mr. Chairman, members of the Commission. Lucia Dougherty, with offices at 1221 Brickell Avenue. I'm here today on behalf of Specialty Restaurants, Incorporated, and with me is David Tallichet, who is the CEO (Chief Executive Officer) of Specialty Restaurants, and his General Manager for the Rusty Pelican, Peter Knezevich. Now, I just want to make one thing clear. Just because you're authorizing this by a referendum today, because today is really the last day, doesn't mean you have to enter into a lease with us if you don't end up having a favorable negotiation. So, whatever you decide today could be a minimum. So -- and just because you enter into -- and just because you authorize a referendum today doesn't mean that we have, you know, an automatic lease extension. We still have to go through the process of negotiating a lease. The terms that the Manager has outlined today are very favorable to the City. And just let me explain some things. But, first, I'd like to tell you a little bit about the owner of this restaurant. He owns 36 restaurants around the country; all of them are either waterfront aviation or mountain venues, including the 98 Aero Squadron here in Dade County. And as a matter of interest, this gentleman, Mr. Tallichet, actually negotiated this lease in 1968 with Mel Reese, the then City Manager of the City of Miami. So, this is a man who's been at this restaurant, paying your rent, without any kind of scandal or anything from day one. And this restaurant has many good memories for a lot of folks. In fact, the City Manager once said the best fire he's ever been to has been at this location, and he's also proposed to his wife at this location. And he's still very happy about that. So, we all have -- Chairman Regalado: Is that the fire or -- Ms. Dougherty: He's actually happy about both of them. Mr. Gimenez: I like my wife better, but I like the fire, too. Ms. Dougherty: But I'd like to thank the Manager and his staff for negotiating very long hours with us to try to get where we are. And through their efforts, we have a very favorable lease extension. It not only has a minimum guarantee of $350,000 a year, which currently is $47,000 a year. You have a minimum, I would say, of six or seven, depending on whether we have an agreement on the lease extension term, of at least seven percent, whereas right -- currently, we're paying four point seven percent of the gross revenues. We also have a minimum of three million dollars worth of improvements. Now, these improvements include a public bay walk -- Commissioner Teele: How much were those improvements? Ms. Dougherty: Three million dollars. A minimum of three million dollars. Now, you don't have to go out there but one Sunday and see what a mess the parking issue is out there. That's the reason for one of our improvements. We're putting a parking deck on, which will alleviate the problem with our patrons parking out on the causeway and getting towed by Dade County. And this is also a source of revenue for you all, too. This is a win-win for the City of Miami, as well as our Operator. I'd like to -- Chairman Regalado: Excuse me, Lucia. I can say that we have a problem in terms of the parking issue. Miami -Dade County Police is crossing the line and ticketing dozens and dozens of cars that are parked in the swale area of the City of Miami property near the Causeway. And the other issue that we face -- and I remember that I went there once on Mother's Day -- is that the satellite parking of the Marine Stadium was being used, and it is not nice. It's very ugly, and I think it's unsafe, although they hire off-duty police. So, we have a problem with the parking situation in the area of the Rusty Pelican. Ms. Dougherty: Well, if I could, I'd like Bernard Knezevich to come forward and show you his conceptual drawings for the improvements, which also include the parking deck, as well as the increase in the banquet facilities in the Rusty Pelican, without actually increasing the footprint of the building itself. Commissioner Teele: Before you get to that, Mr. Chairman, if I may. Chairman Regalado: Yes, sir. Commissioner Teele: It's impressive that we have a person, whom I've not met, to my knowledge, in our midst, who's doing business with the City, and is doing business, apparently, all over the nation. And maybe, at another date, you know, we need to pick his brain with things like the development conference that Commissioner Sanchez chaired, and other things. Because I think one of the things we've got to be concerned about is our image, and the international community is our business image. What I would be more impressed with, before you start this -- because, you know, the pictures are going to sell us on whatever I guess you want to do. Otherwise, you wouldn't use your time doing this. But what I'm very interested in is the kind of corporate citizen the company has been. It's sort of a sad commentary that your statement would be they've not been involved in scandal, but it's helpful for the record, perhaps. But what would be really helpful would be, at some point today, the kind of corporate citizenship that, if any, the company has been involved in. Because I can tell you that when I was Chairman of the County Commission, is the last time that I had a real direct knowledge of this -- and it is absolutely, in my mind, one of the most beautiful venues of the City of Miami at night. We had something called "Echos of Change," which we had events at the Caleb Center, and we had people like Cicely Tyson or Tala Shabazz, and I'll never forget -- George Jefferson. What's the guy's name? Sherman Hemsley. Sherman Hemsley did a Las Vegas Review at the Caleb Center, but the highlight -- and what he has talked about all over the world was the dinner afterwards at the Rusty Pelican, and that dinner or that reception, it started 11 -- in fact, Merritt Stierheim was there and a whole lot of other people. At that time he was heading the Convention Bureau. The Rusty Pelican donated the dinner to the Echos of Change Program, which had children that otherwise would never see a Sherman Hemsley. It's one thing to talk about going to the Jackie Gleason Center, but, you know, the people in public housing, the transit -dependent, if you will, never get to see a lot of these great things that come to Miami. But the thing that made it so special for everybody was -- and I don't know who made the arrangements. I believe it was a police officer, really, a Miami -Dade police officer, who made the arrangements. My office wasn't directly involved in it, to my knowledge. But that has given me the willingness to approve something, even though I don't like it all the way this is coming about. Number one, we need an economic study. Number two, we need to hear from the internal auditor that this is a company that has been doing a great job. I mean, we were -- we sick -- want the internal auditor all over one company, I remember, unfortunately, in a political, right after an election, and, you know, they stayed in one business for a better part of a year going through their books. If you're going to make this kind of recommendation, Mr. Manager, I would think, at a minimum, we'd have just a statement from the internal auditor, there are no outstanding big glitches. I mean, because what we're talking about doing is something significant. Commissioner Sanchez makes a very intelligent point that I'm struggling why I don't want to agree with. I can't come up with a reason yet. But, you know, we really do need a master plan, and we need a master plan so that the restaurant and the marina and all of that have some degree of logic. They don't have to be the same. They don't even have to be the same year. But there ought to be a logical reason in what it is we're doing. Right now we're just sort of going along. But it just comes back to me that if some -- if we're asking somebody to invest today three million dollars in a project, it's not at all unreasonable that the person's going to want a longer period of time to amortize that investment. That's just -- you know, now whether it should be seven percent or seven point seven five percent or eight point one percent, I don't know. But I guess the thing that you were saying, Ms. Dougherty, but apparently the Manager didn't agree with or the Assistant Manager didn't agree with, is that this represents a minimum -- and we can always go back and renegotiate -- or we can go back and negotiate the actual terms. And I really would like to understand, Madam Manager, when she was making that statement, you were sort of saying, no, what that means. Where is the disagreement in this? Dena Bianchino (Assistant City Manager): I just -- I guess it's a better question to ask the City Attorney. But the referendum itself will talk about the amount of money they're going to spend on improvements, if I'm correct, as well as a minimum rent of whatever it turns out to be. Alejandro Vilarello (City Attorney): Basically, the question, as it's framed, will establish minimums. The place that there will a difficulty -- the place that you'll have a difficulty in moving, in terms of negotiations, is the extension of the term. If the question calls for a term of 10 years, we will not be able to authorize or negotiate a longer-term extension. Ms. Dougherty: That's correct. On the other hand, you don't have to enter into a lease, at all. We could -- the lease negotiations could actually break down at that point. Chairman Regalado: So, what -- Mr. Vilarello: Ultimately, we would be required to enter into a mutual acceptable agreement, with is consistent with the question that the voters will have to approve. Ms. Dougherty: That's correct. Commissioner Teele: See, the problem's going to be, if we -- if this -- if we approve this and put it on the ballot -- and we've all been around -- everybody up here has been through this election process. So, we know a little bit about that. With all due respect to this fine gentleman -- what's the CEO's name? You didn't -- Ms. Dougherty: His name is David Tallichet. Commissioner Teele: With all due respect to Mr. Tallichet, he'll then fire you, bring in a new lawyer, who will say, "Well, you're obliged to give us this lease. The voters have already voted on it. " Ms. Dougherty: But he is now bound by what I'm telling you today. Commissioner Teele: I'm (INAUDIBLE) Joe Sanchez. Ms. Dougherty: You need to listen to Joe Sanchez because -- Commissioner Sanchez because he was talking about we have to look to the future, and that is precisely what this man has been telling me. We have to look to the future. This company needs to look at the future. And he is four months shy of 80 years old, and he intends to negotiate this lease extension the next time. Vice Chairman Winton: He's four months shy of 80 years old? Ms. Dougherty: Yes, sir. Vice Chairman Winton: Whoa. Commissioner Teele: Oh, my God. Ms. Dougherty: And he is as energetic as you can possibly imagine. And he's at -- Vice Chairman Winton: I don't think I'm going to be able to make it that long, never mind look that (inaudible) Ms. Dougherty: And he intends to negotiate the next extension, because he is very proud of this restaurant. And he is somebody who says to me, "Listen, I'm going to invest three million dollars in a piece of property that I'm not going to own at the end of this term." And no one's going to lend you money for three million dollars when you don't own the property, and they're not going to own the facility. So, I need at least 15 years for seven percent, 15 years, plus five plus five. Vice Chairman Winton: Mr. Chairman? Chairman Regalado: Yes, sir. Vice Chairman Winton: I think the -- and I told Lucia this the first time I met with her, because I had the same unease and the sin, and I told her that. I said, you know, I'm a fan of the restaurant. I go there. I mean, it's a landmark in the City of Miami. But it's the timing issue here. I understand their drive to -- for timing is related to a very, very, very favorable interest market right now, but our timing couldn't be worse because we're really being forced to make public policy decisions on a private investment, on very valuable public land, without the time we need to think it through. And Joe Sanchez said it a hundred percent right. I told Lucia this the day I met with her, that -- the first time. I said, you know, we really ought to have a master plan for that whole area, first, and we're driving to that. But we can't get it done so that they can get this on the referendum this year. It would have to be next year. And so -- and, you know, I'm still struggling with whether it's this year or next year. Chairman Regalado: Johnny, I think that master plan is required. I remember, about two years ago, that we all voted -- I mean, never seconded the motion that Commissioner Sanchez brought as a pocket item. Vice Chairman Winton: Right. Chairman Regalado: RFP (Request for Proposal) for the Marine Stadium, and -- Commissioner Sanchez: Vote it down, four to one. Chairman Regalado: No, no. We never settled it. Unidentified Speaker: That's right. Chairman Regalado: And we didn't even second it. And the thing is to me -- and I guess that we all have gone to the Rusty Pelican. And, you know, you want -- you need to want to go to the Rusty Pelican. You really need to want to go to the Rusty Pelican to go to the Rusty Pelican, because you have to go through this narrow road, which, by the way, used to be full of hot dog vendors, because they were selling drinks, and the other City -owned restaurants, which, by the way, it's abandoned. You have to go through all these bums, and fight the traffic, and fight to park, and try to get someone to valet park you. So, we have the choice of waiting four years or placing something in the ballot that at least will enhance one of, if not the most beautiful property of the City of Miami. I guess that I should say -- well, yes, we should have a master plan. We should have something for the marine stadium. We have not had it in the last six years, that I have been here. We should have something for -- luckily, we have something for Virginia Key. We should have something to do with a closing of the marina -- the County's closing part of the Marina, and the City of Miami is not doing anything at all to get those two or three hundred boats that are being evicted from the Crandon Park Marina. So, we should be doing a lot of things. However, to me this is just falling on our hands, and this enhancement of this City property it's, for me, something that is important. And I think -- you know, look, it all depends on the members of this Board. But if you ask me, I'll vote to put it on the ballot, because I think that the people of Miami do deserve the right to decide whether their property, which is their property, should be enhanced and should be paid. For me to go up from 47 to $300,000 as a rent, I mean, that's something that is important. But it's more important, the image of the City. The way I see it, you know, a beautiful bay walk for the people of Miami, for the use of the people of Miami, not for those who are paying to eat at the Rusty Pelican, and on the parking. So, you know, it's something that is a decision that you all have to make. Commissioner Sanchez: Mr. Chairman, what has been the recommendation of the other boards, such as the Waterfront Board and the other boards? Chairman Regalado: We have Mr. Parente here from the Waterfront Advisory Board. Robert Parente: I'll put on my Waterfront Advisory Board hat. Robert Parente, Chairman of the City's Waterfront Advisory Board. We were not going to meet in August. We did last August, last year, and couldn't get a quorum. So, we were going to take it off, but we were told we had to meet to specifically hear this item and we did. And a very lively debate took place. We had nine of our 11 members there. So each Commissioner had a represent -- at least one representative there. Some had two. And the bottom line, it came down to this: Analytically, you could start debating decks, palm fronds -- Mr. Knezevich is an excellent architect, but all that became moot, because we've been calling, for years now, for a master plan for Virginia Key. Things are moving forward now. We can go back and say, "Yeah, but it takes forever. And we've got a shelf full of studies." That may be true. But this body is not accepting business as usual. Things are moving faster. Things are really getting done now. And for now, to finally have the master plan -- and you've got to turn the heat up on the administration, and make sure it gets done -- but for it to be right here at our doorsteps and to take a significant part of this potential area that we want to study and say, "Well, that's off the board for 20 years," is a serious mistake. Your board voted 9 to 0 to recommend against any extension at this time. We felt the speed in which it was brought about put us in the uncomfortable situation of having to meet very rapidly, and not really get a full vetting of the issues, you know. It can come back next year. They want to plan for the future. And the gentleman said he was going to be here for the next extension, so then he'll certainly be here next year, if you guys want to bring it back, or even the Special election. The thing is, you start to dream a little bit. As wonderful as the Rusty Pelican is -- and I can join in the cadre of memories, because I had my high school graduation thing there and many homecoming dances and all that. So, I have a history with the place, too. However, imagine what happens if we really let them loose and they have to compete against a whole host of other people on an RFP and who knows what could happen there. You might end up with a completely redesigned restaurant, where you have a new frontage where you can do special events, filming, with the City as a skyline, where you invite Regis and Kathy Lee to come in, and things like that, that we can't do right now. You know, the sky is the limit if you really sit down and start to dream a little bit. So, we would ask you just to -- there's no drop -dead reason why we have to do this immediately today. They're not certainly going to pull out. The rent they've got now is so favorable; they'd be silly to do that, and we can sit down with them and keep talking about the future, but get the master plan done and make sure the administration can get that done as quickly as possible, so we're not still talking about it 15 years from now. Commissioner Sanchez: Mr. Chairman. Mr. Parente: And I thank you. Chairman Regalado: Yes, sir. Commissioner Sanchez: Mr. Chairman, I just have one other issue for a point of clarification, and this question is directed towards the City Attorney. Mr. City Attorney, if we allow this to go to the voters -- which I am in favor and I have always stated that I trust the voters of Miami, let them vote on the issue. Now, if it goes to the voters and it's passed, are we held to have -- exactly what Commissioner Teele said. Would they come back and say, "Well, the voters approved it. This is what they approved." Being that it's -- we haven't entered negotiating the lease -- and there are two separate issues -- will they come back in front of this Commission and say, "The voters approved it," and create an issue on it? Mr. Vilarello: I believe the City will have an obligation to negotiate in good faith for an extension of the agreement, under the general terms and conditions identified in question. So, does that explain it? Basically, what I'm telling you is that we have to go to the table and negotiate in good faith with them, and the terms and conditions that are identified in the question will guide that negotiation. It will be -- Commissioner Sanchez: But it won't force us to say, "OK, the voters approved it. You guys have to come to agreement with it?" Mr. Vilarello: Commissioner, it may force us to come to an agreement with them at those minimum terms and conditions. Commissioner Sanchez: You've answered my question. Thank you very much. Ms. Dougherty: But, remember, he said minimum. So, you could say "not to exceed 25 years." You could say a minimum of so many -- which works against us. So -- Commissioner Teele: Well, you know -- Mr. Chairman, I don't know how long we want to deal with this thing. At some point we've got to fish or cut bait on this thing, and there's no easy answer here. I don't like the position we're in. I think there should be studies. I think there should have been an economic study on this. I think we should at least hear -- and I want to hear from the internal auditor. Mr. Manager, if you would have the internal auditor to come whisper in your ear, and you all, you know, something -- but at least we ought to do a little bit of a due diligence to say, you know, we're not going to wind up with something, you know, just being thrown at us at the last minute. Mr. Attorney, I don't know how you all want to handle this. I can craft a way to split this thing down the middle by changing the ballot language, Mr. Attorney. And the ballot language would have to say, subject to -- the ballot thing that you've got says what? Chairman Regalado: A resolution of the Miami City Commission -- Commissioner Teele: We don't have the ballot language before us? Mr. Vilarello: I've provided you the directing resolution. I'll provide you the ballot language. Commissioner Teele: Yeah. Mr. Vilarello: Other than that -- Ms. Dougherty, that's not the ballot language. Chairman Regalado: What you need to fill is period of so many years, and -- Commissioner Teele: Well, see, I'm not as concerned about that. I mean, that's something that you all can work out. I think what's going to kill this thing, if we don't get some clarity here and make Commissioner Winton and Commissioner Sanchez happy, or at least comfortable. Somehow, Mr. Attorney, the language -- the ballot language has got to say, further subject to -- where is the question? Mr. Vilarello: Starts at the very bottom of the page -- Commissioner Teele: "A special election be held" dah, dah, dah, dah "at polling place -- "Shall the Miami Charter be amended to exempt from the procedures and requirements of sales known as the Rusty Pelican." Mr. Attorney. Mr. Vilarello: Yes, sir. Commissioner Teele: The ballot language has, somehow, got to say -- Mr. Vilarello: It starts at page 5 for the Rusty Pelican. Commissioner Teele: It's got to say, somehow, "further subject to approval by the City Commission or approval by the City Commission in its sound judgment -- in its sole judgment." Some language to that. Otherwise, we're going to get whip sawed. We're going to be heard that the voters approved it. So, what are you doing with it now? I mean, you know -- and with all due respect, Ms. Dougherty. I think everybody up here is concerned about that, because if you send something to the voters -- you know, we're not sending this as a straw vote -- as a straw ballot. I mean, if you send it to the voters, it assumes you're asking the voters to approve it. And unless we say it's going to be subject to our separate approval, then, in effect, all we've done is had a straw vote. Ms. Dougherty: In the discretion of the City Commission. In the sole discretion of the City Commission. Commissioner Gonzalez: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Gonzalez: Mr. City Attorney, the resolution that you just hand to us is what it will be the question on the ballot? Mr. Vilarello: Well, the resolution has a significant -- Commissioner Gonzalez: The one that said extended term for (INAUDIBLE) years prior, no later than. Mr. Vilarello: Let me just explain a couple things of issues, procedurally. The first resolution I provided for you is a directing resolution, where you directed us to prepare the question. Commissioner Gonzalez: Right. Mr. Vilarello: However, anticipating a vote, we also prepared the question. Commissioner Gonzalez: The question. Mr. Vilarello: And that's the one I just provided to you. Of course, it has the same blanks that the prior resolution did. Commissioner Gonzalez: But now the question that you provided to us, as interpreted, is very liberal to the sense that most of it could be agreed upon or the terms could be approved upon after the approval of the electorate, right? Mr. Vilarello: Yes, Commissioner. Commissioner Gonzalez: Because what you said in here are just the minimums. Mr. Vilarello: And that, in and of itself, is not unusual. You generally -- on these Charter questions, you generally will approve general terms, and then you sit down and negotiate the ultimate lease agreement, as we're doing in Flag Stone. The problem -- Chairman Regalado: I was going to ask that on Flag Stone. I mean -- Vice Chairman Winton: And that's the answer. Chairman Regalado: I don't know what's going on with Flag Stone. The Manager is supposed to brief me and all the members of the Commission next week, I think, or in two weeks. But I know that the voters approved it. And I know, more or less, that we're going to get a million dollars a year, right? But I don't know anything else. Mr. Vilarello: And on those issues within are contained within the question, I think that we're limited in our ability to negotiate those issues. With regard to other general terms and conditions of a lease, there's a broader level of discretion. But to accomplish what Commissioner Teele was talking about, I think that we'd have to use certain key terms of art, including not only at that final -- by the final decision of this City Commission, but the City Commission can unreasonably withhold its agreement to extend the lease. That would be the way you would ultimately provide this City Commission with the right to say "no" to an extension. And I should let you know that the question is limited by 75 words, and we're at 74 words right now. We can probably work the language out, given a little bit of time. But we're pretty much at the number of words that we're allowed to place on the question. Commissioner Sanchez: And I think we must act prudent on this, because the wording itself has to be very clear, for one. Two is, the situation that I don't want to get into is having them come back and say the voters approved it. You know, the voters approved it. Now you must approve it -- on reasonable conditions. All that I'm asking is the things that the -- some of my colleagues has addressed. There's not a master plan. There hasn't been any audit done. We're getting three hundred and fifty thousand. We could be getting five hundred thousand. I don't know that. And, again, it's this situation that we're put in at the last minute, that we have to decide today, so they can put it out on a ballot. You're forcing me to make a decision that may not be the best interest of the City of Miami. Ms. Dougherty: Mr. Chairman, let me just -- Chairman Regalado: One second. He did an audit. How long ago was the audit? I read it. I remember. Victor Igwe (Director, Internal Audits and Reviews): Yeah, we did an audit. Chairman Regalado: Your name. Mr. Igwe: Victor Igwe, Director of Internal Audit. The last audit that we did of this particular restaurant, they made all their payments in a timely manner. We didn't specifically have any problems with the count -- with all the revenue that was remitted to the City. But I do recall that they had a very favorable type of deal with the City, as compared to the other restaurants. I'm talking about the old -- the original contract. Commissioner Sanchez: Three percent. Mr. Igwe: Right. It was a three percent -- Commissioner Sanchez: Three percent, compared to others that are paying what? Mr. Igwe: Monty's had a much higher -- Commissioner Sanchez: Monty's paying seven percent Mr. Igwe: Right. Absolutely. So they had a very favorable — Commissioner Sanchez: No? Ms. Dougherty: No. Mr. Gimenez: There are two parts to Monty's contract. Commissioner Sanchez: Right. But -- Mr. Gimenez: There's a five percent, which is the upstairs, and then there's a -- the raw bar pays eight percent Mr. Igwe: Eight percent, right. Mr. Gimenez: And then 10 percent over a million dollars, so, it's two parts to Monty's. Chairman Regalado: OK. Mr. Gimenez: The upstairs, which is comparable to what Rusty Pelican does, they're paying five percent there. Ms. Dougherty: Mr. Chairman, may I just make a remark? My client, Mr. Tallichet, says, look, we not only have to pass the scrutiny of this board, but we also have to pass the scrutiny of the voters. And if you all feel -- don't feel comfortable going forward with it, then we don't think that the voters are going to vote for it. So, we would ask that you not take this item up now, and perhaps even consider a special election in the spring or something, after you have a chance to do a master plan and do some studies and -- Commissioner Sanchez: I think -- sir, I agree with you. I thank you for your professionalism. Chairman Regalado: You want to -- Commissioner Sanchez: Maybe you would like to address -- Chairman Regalado: Could you -- please. Commissioner Sanchez: We don't want to end up in a situation where we both are going to be embarrassed by the taxpayers of Miami, ourselves as elected officials, and you, as a good standing business -- restaurant in our community. David Tallichet: Well, thank you. And I appreciate you allowing me to say a word. I'm David Tallichet. I'm the CEO of Specialty Restaurants Corporation, and we own the lease -owned interest in the Rusty Pelican. This is one of the -- if not "the" Joe's, one of the Joe's of our company. We're extremely proud being in your waterfront and looking out across at your beautiful skyline. I think that we're a good asset to your City. I think that -- in a master plan, I think the master plan people should look at us, and I would welcome being in a master plan, and I concur with every one of you that, if you want to hold this back where you can study it well, I just want you to know that me, as the CEO, I completely agree with you, and we're happy to do it. Vice Chairman Winton: Hallelujah. Commissioner Sanchez: Mr. Chairman, I'd like to make a motion to direct the administration to prepare a master plan and bring back to this Commission. Ms. Dougherty: Would the Commission consider also a special election in the spring or at least the consideration of one, so can move this process along? Commissioner Sanchez: I'm prepared to accept that in the motion. Vice Chairman Winton: A consideration of one. Commissioner Sanchez: Yes. Chairman Regalado: The motion would include a consideration of a special election in the spring of 2003, for the purpose of extending the lease of the Rusty Pelican. Vice Chairman Winton: Second. Chairman Regalado: And before we do that, we need all these details about the Rusty Pelican. And I don't know, Dena, Mr. Manager, what they want -- what they want, if I understand, is that the Commission -- that the administration does a due diligence to get us the information that we need to make an intelligent decision about extending or placing on the ballot. Vice Chairman Winton: And the development of a master plan. Chairman Regalado: And the development of a master plan. But you all know -- no. You all know that this will take some time. So, I think she's asking is not to stop completely the process, and continue with the process parallel to the master plan, in terms of a possible special election in the spring. Mr. Manager. Mr. Gimenez: Mr. Chairman, we certainly could use more time. I mean, this is not the way we'd like to do business either. It was something was asked of us to see if we could get something together, to really do a much more thorough due diligence on the entire deal, and I think it's prudent that -- your course of action today. Chairman Regalado: One issue, Johnny and Joe and -- if this were to be placed on the November ballot -- Vice Chairman Winton: Of next year? Chairman Regalado: No, no. I mean on this year. If we have voted for this year, this election would not have cost the City money, because we're piggy backing on the County's and the State's Commissioner Sanchez: There's an election again next year. Chairman Regalado: -- election. Commissioner Sanchez: As a matter of fact, there's an election again next year. Chairman Regalado: No, no. Commissioner Sanchez: As a matter of fact, we have two Commissioners here that will be up for office. Chairman Regalado: Three. Vice Chairman Winton: Three. Chairman Regalado: No. But what I'm saying is, if they choose to go to a special election in this spring, this will have a cost. Lucia. Ms. Dougherty: Yes, sir. Chairman Regalado: Would you be willing to share that cost or participate in the cost? Commissioner Sanchez: No, sir. Vice Chairman Winton: Pay the cost. They're going to have to pay the cost. Commissioner Sanchez: They're going to have to pay for that cost. Chairman Regalado: That's what I'm asking. Commissioner Sanchez: Let me just put on the record that I don't think the City should share. They should pay for the election. Vice Chairman Winton: Right. Chairman Regalado: So, when I said "share," I mean -- Vice Chairman Winton: Pay. Pay. Commissioner Sanchez: A hundred percent shared. Vice Chairman Winton: And that was the whole reason we said "consider," because -- you know, there's a lot of things that you have -- they need to think about and we need to think about if you're going to call a special election, and so, I don't think any (INAUDIBLE). Ms. Dougherty: That's what Mr. Tallichet said he would rather not do it a special election, because that means that, you know, people think they get tricked and they weren't, you know, so he'd rather do it in the general election. Vice Chairman Winton: Yeah. Commissioner Sanchez: And I tend to agree with you. Chairman Regalado: Well, general election -- we have a general election in November of the year 2003, and I think that we have plenty of time to do this. Vice Chairman Winton: To get it all done right. Chairman Regalado: And -- Vice Chairman Winton: Call the question. Chairman Regalado: As a matter of fact, if we, you know, decide -- Vice Chairman Winton: The fast and the furious. Chairman Regalado: -- we should give them enough time so they can do the promotion for the campaign -- Vice Chairman Winton: Right. Chairman Regalado: -- for that referendum. Commissioner Sanchez: Call the question. Chairman Regalado: We have a motion and a second. The motion is to consider a special election or the general election of November 2003; is that -- Commissioner Sanchez: No. The motion is to direct the City Manager to create a master plan, and if they want an election, they could have it in November of next year. Chairman Regalado: Well, no. Originally, the motion was -- Commissioner Sanchez: If you want a special election. Chairman Regalado: But the motion -- Commissioner Teele: (INAUDIBLE) the motion gets explained. Commissioner Sanchez: Yeah. The motion itself is directing the City Manager to create a master plan, to come back to the Commission. And the gentleman suggested, if they want an election, they can have it in November. He didn't want a special election, so you could have it next year. Unidentified Speaker: A general election. Commissioner Sanchez: A general election in November, yeah. OK. Vice Chairman Winton: He wants to -- and to do the market research necessary to determine -- Commissioner Sanchez: Yes. Vice Chairman Winton: -- economics. Chairman Regalado: OK. We have a motion and a second. All in favor say -- Commissioner Teele: On the motion, Mr. Chairman. Chairman Regalado: On the motion. Commissioner Teele: Does this motion -- Vice Chairman Winton: We called the question three times. Commissioner Teele: Say again. Vice Chairman Winton: Nothing. I'm just trying to move it along. Commissioner Teele: Well, I apologize. Vice Chairman Winton: No, no, go ahead, Commissioner Teele. Commissioner Teele: Does this motion imply that there will be no motion -- that there will not be an election this November? Vice Chairman Winton: That's correct. Commissioner Sanchez: Yes. Vice Chairman Winton: They withdrew. Commissioner Sanchez: They withdrew. Vice Chairman Winton: They withdrew the whole idea of trying to get it on this November's ballot. Ms. Dougherty: Our concern was that with everything sort of up in the air, we not only have to pass your scrutiny, but we have to pass the scrutiny of the electors, and they're going to say, "What is -- you know, what's the deal if everything's left in the air?" So Mr. Tallichet thought that the voters would probably not look favorably upon it. Commissioner Teele: Let me give you a little bit different perspective, because I will support this motion if we put a time line on when we're coming back on this. I think -- Vice Chairman Winton: That's a good idea. Commissioner Teele: --these open issues just mean -- Vice Chairman Winton: Yeah, yeah, yeah, do that. Commissioner Teele: You know, with all due respect -- Vice Chairman Winton: That's a good idea. That's a good idea. Put it -- yeah. Commissioner Sanchez: Are you talking about the master plan? Commissioner Teele: I'm talking about whatever the motion is. So that we have some time limits on everything. And everything's just not an open -- Vice Chairman Winton: Right, right. Commissioner Teele: -- issue. And let me just respond to the River Front Board and to one of the underlying drum beats. You know, you've got to do two things at once. You've got to be able to walk and chew bumble gum, as my sergeant used to explain to me when I was a Second Lieutenant. Life didn't begin when we got here, so we've got to sort of juggle some things. I don't think, to do a master plan, you've got to stop everything else that's going on. It means that the master plan just picks up, in this case, let's say 15 years from now, or 20 years from now, whatever it is. But I do not agree with the fact that everybody ought to freeze in place and we do nothing, because this is what this City -- Vice Chairman Winton: Or you tear everything down and start over, which is what the other -- Commissioner Teele: Or tear everything down. Vice Chairman Winton: Which is the other implication. Commissioner Teele: And this is what you're saying has become famous for. If there's a debate going on, nothing happens. And I don't agree, as a matter of policy, that you cannot have a master plan that includes the Rusty Pelican, that cuts in in 15 years from now. I mean, you know, it doesn't mean that you've got to stop doing everything for 15 years. It means that if we were to give them a 15 -year extension, you do a master plan now, but a component of that master plan would say, "In the year 2020 this is what's going to be envisioned or this is what's going to happen." So, I just wanted to be very clear that a master plan, to me, doesn't mean that nothing can happen in the era. Vice Chairman Winton: We're the policymakers, and I think all of us -- I certainly agree with you a hundred percent, so -- Chairman Regalado: OK. Vice Chairman Winton: Call the question. Chairman Regalado: OK. Thank you very much. Thank you for coming to Miami and thank you for being in Miami. Commissioner Sanchez: Call the question. Chairman Regalado: And we have a motion and a second. All in favor say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following motion was introduced by Commissioner Sanchez, who moved its adoption: MOTION NO. 02-916 A MOTION DIRECTING THE ADMINISTRATION TO CONDUCT AN ECONOMIC STUDY AND PREPARE A MASTER PLAN OF THE PROPERTY OF THE RUSTY PELICAN RESTAURANT AND BRING BACK SAID MASTER PLAN TO THE COMMISSION FOR APPROVAL IN 180 DAYS; FURTHER STIPULATING THAT THE COMMISSION WILL CONSIDER THE ISSUE OF EXTENDING THE LEASE ON THE RUSTY PELICAN RESTAURANT TO COINCIDE WITH THE GENERAL ELECTION IN NOVEMBER 2003. Upon being seconded by Vice Chairman Winton, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Chairman Regalado: Next year we'll see you on the ballot. Vice Chairman Winton: Hey, you didn't put a time line in there, Commissioner Teele. Commissioner Sanchez: He's talking about a master plan. A master plan to be done in, what? Six to eight months? Vice Chairman Winton: How long does it take to do a master plan? Ms. Bianchino: OK. We need to look at the list of consultants that we have onboard. Commissioner Sanchez: Right. Ms. Bianchino: This is a very unique property, because not only are we dealing with the commercial aspects of it, but we're dealing with a conservation area. So, we have different consultants we're going to have to get on board. Chairman Regalado: Wait, wait, wait. Dena -- Vice Chairman Winton: Where does that take us? Chairman Regalado: We've got to be fair to them. This has to come back to this City Commission -- Commissioner Sanchez: Reasonable six to eight months. Chairman Regalado: -- way, way, way before August or September of next year. Way before. Commissioner Sanchez: Six to eight months. Commissioner Teele: A hundred and eighty days. Chairman Regalado: A hundred and eighty days, and that's -- Commissioner Sanchez: Maker of the motion accepts the 180 days. Ms. Dougherty: We'll do our best. Chairman Regalado: OK. Hundred and eighty days we'll be discussing placement on the ballot, which has to be done with a master plan. Ms. Dougherty: OK. So just so -- the next thing that will happen is, we will be coming back to you with -- for request for funding for this. Vice Chairman Winton: That's right. Chairman Regalado: OK. Thank you very much. Thank you. Thank you. 5. APPROVE CHANGE OF CONTROL OF CABLE TELEVISION LICENSE GRANTED TO MIAMI TELE -COMMUNICATIONS, INC. FROM AT&T BROADBAND LLC TO AT&T COMCAST CORPORATION. CALL FOR EQUITABLE TREATMENT OF LEASED ACCESS PROGRAMMERS ON CABLE SYSTEMS OPERATING WITHIN CITY. CALL FOR PROVISION OF CABLE SERVICES TO DESIGNATE PUBLIC BUILDINGS, PARKS, COMMUNITY AND DAYCARE CENTERS AND OTHER PUBLIC FACILITIES FOR CABLE SERVICES. Chairman Regalado: Is the Mayor here? Mayor Diaz. OK. Oh, you are here. Sorry, Mayor. We have the AT&T (American Telephone & Telegraph) item, and immediately we'll do the personal appearances. I promise that. But we have -- yeah, it's been fast. Remember, we have a CRA (Community Redevelopment Agency) presentation in a few minutes. (INAUDIBLE COMMENTS) Chairman Regalado: Mayor. Mayor Diaz: Mr. Chairman, thank you. First of all, I'd like to thank the Commission profusely for giving me this assignment. It's been an interesting process, and it's probably as close to the practice of law as I'll get over the next three years. As you know, we've been meeting with representatives from AT&T for several months now, and the results of very, very extensive negotiations, which involved basically looking at the existing ordinance that we have and the licensing agreement that we have, has produced what you have in front of you today. The focus that -- my focus in this process was essentially three -fold. Number one, customer service, and to look at ways that we can improve upon what is on paper, a very good cable franchise ordinance that the City has, and a very good agreement that the City has with the cable operator. Number two, to consider those issues that affect the finances and the financial deal that the City can make in this regard. And, then, finally, the consideration was those City -type issues, and I'll go through those with you. And, essentially, let me talk first about customer service. There are a number of issues -- a number of improvements that we, I believe, have created as a result of this settlement agreement that you have in front of you, and I'll go through some of these. And, by the way, I have Mat Liebowitz here, who will also pipe in during this presentation. The first one I mentioned is the fact that we -- there was an issue as to when or the process by which subscribers get refunds on -- for example, if their cable goes out. The way this is now going to be structured is that any lack of service for a two-hour period, in any one day, entitles a subscriber to a full day refund, and we will be -- and AT&T has agreed to provide notification to customers, because right now, in the reimbursement section of the ordinance, if a customer wants reimbursement, the customer has to ask. And as most of us probably could imagine, most people don't know that they're entitled to a refund. Through the agreement, they will be providing notice with the bill, and it won't be a notice that will be lost in some two-point font with a bunch of other provisions. It will be a notice, specifically in large bold, dealing with refunds and the ability of people to obtain a refund. Business centers. Right now, AT&T is required to have up to two business centers in the City. If they have only one, then they're required to have free pick-up, and that's currently the system that exists. In addition to that, they have committed to use their best efforts to open two additional business centers within each district, one or two business centers within each district, which are essentially payment centers, where people in individual districts can go and pay their bills. And believe it or not, that creates a substantial amount of activity in our City. Let's see. Annual surveys. As you know, as part of this process, we hired a company to do an annual survey of customer service. This now becomes a regular part of our ordinance, where we will have annual surveys, that we will split the costs on annually. Now, the other thing that they have agreed to is to conduct, on an annual basis, also district meetings in each of your districts, and they will agree to help provide at least ten 30 - second spots, during the time period of the meetings, to publicize the meetings. Now, they have also agreed to quarterly customer service meetings, with our staff and their staff, in order to not every four years or not even annually, but on a quarterly basis, to give people the opportunity to express whatever concerns they have with respect to customer service. As you know also, at the beginning of this process, they had agreed to voluntarily defer a rate increase of six dollars per month, associated with a rebill, and increase channel offerings for two months. That amount is $360,000 or so, which is an added benefit to customers in our City. Many of the financial effects that you're going to -- we're also going to be talking about shortly, they've agreed that none of this can be passed through to the subscribers in the City. I think those were essentially some of the -- and, plus, you'll see -- I think it's been distributed -- a couple of independent resolutions, resolutions independent of the agreement, and which I think you should have in front of you, which deal with a couple of other consumer -related issues that we felt very strongly about. In terms of the -- oh, there's a couple of other things. One is dispute resolution process, which AT&T had tried to assert a mandatory arbitration provision in the agreements, requiring subscribers to go through some mandatory arbitration, which they have agreed to take out of the agreements. And, finally, with respect to the risk assessment and deposit policies on accounts, they have agreed to some non-discriminatory language that has been inserted. Now, with respect to the City -type issues. As you know, they were required to complete 90 percent of the upgrade by a while back. We have confirmed, independently, through our own engineers, that threshold was achieved, as of June 1 of this year, and, in fact, it's probably a little higher than 90 percent. The balance of what needs to be completed, in order to be fully complete for the entire City, has to be completed by December 31st of this year, and the failure to complete that will, once again, start liquidated damages -- the process of incurring liquidated damages, as we did in the first go round. With respect to -- OK. They also agreed and have, in fact, already started to provide high-speed Internet service to people in the community. They have agreed to use their best efforts. An issue that we felt very importantly about was our ability to try to lock in Channel 9 ad infinitum. That was much negotiated. At this point, what we have is a best efforts commitment on their part not to do so, and their doing so will require that they assist us financially and through public service announcements of any move within the basic tier system. Now, they have agreed right now, at this point, to waive the prerequisites for a second channel, government channel. As you know, we have one, and then there were certain thresholds -- certain criteria that had to be met in order for us to get a second. They have, at this point, agreed to waive those requirements so that we could get a second channel as soon as we are ready for one. INET. We had the ability, a couple of years ago, to have gotten an INET built for the City. For reasons that I won't get into, that was not done. And they have now agreed, after much conversation, to work with us to build one, if we so desire, and, obviously, if the funding is available, over the next few years at cost. And that is a big item for us, because if we're going to move this City forward, operationally, and, otherwise, having our own internal Internet system, obviously is an extremely, extremely important consideration for us. With respect to the dollars and cents, I think the total package -- and it's divided by pages here -- but I think the total financial commitment is about one point one million; is that about right? Which breaks down as follows. And I'm going to use approximate numbers. By five hundred and fifty thousand for their failure to complete the system within the date set forward, as set forth in the original ordinance. Some $70,000 or seventy-two thousand in customer service violations. Three hundred and ninety thousand dollars in consideration of our agreement to defer the build -out of the system to Virginia Key and Watson Island, until January 1, 2006. And what else am I missing? The financial what? (INAUDIBLE COMMENTS) Mayor Diaz: Oh. And they have also agreed to fund $70,000 toward an endowment, soon to be created by me, to fund after-school parks programs in our parks in the cities -- in the City. What am I missing, Matt? Oh. And they also agreed to pay, speaking of Matt, $20,000 of our costs, with respect to our Attorney's fees. Chairman Regalado: OK. Anything that -- are you here by the hour? Matthew Leibowitz: Feel like I'm here by the year. OK. In terms of other issues, one of the Commission -- Chairman Regalado: Your name, please. Mr. Leibowitz: Matthew Leibowitz, counsel for the City, on telecommunications. And one of the issues that we were always concerned with is the quality of the system, itself, and the engineer that we hired not only confirmed the fact that the upgrade was completed at the 90 - percent level on June 1st, but has confirmed that the system is truly a state-of-the-art, and, in fact, went beyond the 750 mega hertz minimum requirements that the ordinance provided for, and is, in his judgment, a true state-of-the-art Cadillac system, which will serve the citizens of the City for many years. We also dealt with the Attorney General's investigation, that's on a statewide basis, and we'll get any of the benefits that will -- that, if they determine there were violations, that will flow to our citizens. In terms of financial guarantees and commitments, there were a number of concerns raised on the transfer, itself, as to how those commitments might be lessened, due to debt ratios and availability of cash at the parent level. We have negotiated more than adequate financial assurances. We've actually raised the construction bonds from eight hundred thousand to a million dollars, and extended the period of time for the construction bonds. We have gone through the transfer documents, and gotten the various assurances that we required. In terms of programming services, there was a significant concern raised by some of the Commissioners in the past about re -tiering some of the local access channels, and the local -- the availability of local access programming to the community. What we've done there -- first of all, recognizing that the Commission and the City has limited authority in this area -- is, we worked with AT&T and they've agreed that now their basic tier will be open to the local access providers. And, in fact, one of the things that they're doing, part and parcel of this process, is they're moving Miami -- Tele Miami back to the basic tier, and we are acknowledging that, and waiving the 30 -day time requirement to facilitate that process. Two, that they are -- they have committed to endeavor to try to work to provide additional available other minority programming on the tier. I think that, basically, covers the water work and the waterfront in terms of -- oh, one other item is -- that this Commission was concerned with is additional sites for Channel 9, the government channels, themselves. And we negotiated and they agreed that, to the extent this Commission determines that you want additional sites, access points to broadcast and pick up the government channels, that they will provide that at a direct cost basis, and with no profit. Chairman Regalado: Thank you. Mayor Diaz: The last -- do you have a copy of the resolutions? The last two things that I want to point out to you, which are not in the agreement, but are being brought to you, and we're urging you to adopt, are two resolutions dealing with two issues that we consider important. One is, under the existing ordinance, the Commission has a right to require or to designate public buildings, parks, community and daycare centers, and other public facilities -- (INAUDIBLE COMMENTS) Mayor Diaz: Oh, you're handing it out now? OK. You have them now? Commissioner Sanchez: Yes, sir. Mayor Diaz: OK. There should be two, right? Do you have two? OK. One is a resolution, as I was indicating, that you actually have the authority to do now, which is to designate any public building, park, community/daycare center or other public facility for cable service. And we have attached a list that you have in front of you, which we are proposing, which is, from what we understand -- from what I understand, is all the senior centers, and -- either residential or simply activity centers that are located in the City. So that you understand this correctly, the obligation is to run cable to these sites and to have free cable -- basic -- is it basic cable? -- basic cable service to each floor of these facilities. Doesn't mean that people living in individual units get free cable service. It just means that you have to have at least -- you have to run one, per floor, in any one of these buildings that you so designate, and that's what this resolution would approve. The second resolution is a resolution that has really resulted from my review with Matt, throughout this process, of the leased access system that exists in the country right now, and this resolution would put the City -- probably, the first City in the country, on record as requesting that the United States Congress, the FCC (Federal Communications Commission) and U.S. Conference of Mayors review all applicable laws and rules with respect to local leased access programming, and adopt new rules and regulations to lower the costs of leased access programming. Unfortunately, the way the state and the law, as it exist today, with respect to Federal and FCC regulations -- now, the purpose of leased access channels is, obviously, to give the local programmers and primarily minorities' access to the system. And, unfortunately, the way the rules read right now, there is no real measurement of how these different channels can get charged. The only thing the FCC did was create a maximum amount and, as you can imagine, there's a tendency to charge the maximum amount, and even when -- and when that's not done, the charges are all over the place, and not necessarily uniform, and if you want to have real diversity and real opportunity for minority stations to have access to the cable system, that kind of a system, in our opinion, creates a real chilling effect, because, through pricing, you can determine who gets on the air and who doesn't get on the air, and I think it's a bad system. Regrettably, it's a system that we do not have the power to correct here right now, at this time, through this agreement, but this is an effort that, I think, is important to put us on the record, and for us to continue because, if the Commission so chooses, as a policy of the City, I would expect to continue lobbying our local congressional delegation, the U.S. Conference of Mayors and others, and reach out to mayors from the other major cities, who I assume, are having the same kinds of issues, and to see if we can get some clarity on this, and make it easier for minority companies to access the cable and provide greater diversity in all of our communities. So, that's what those two resolutions are about, and I would ask you to also consider adopting the two resolutions. Commissioner Sanchez: Mr. Chairman? Chairman Regalado: Yes, sir. Commissioner Sanchez: Mr. Mayor and the administration, are there any unresolved issues or anything that you may have some concern with, that have not been ironed out prior to this, or are you acceptable with the agreement? Mayor Diaz: No. We've -- believe me, we've covered the whole gamut here. Commissioner Sanchez: The whole -- and, Matt, I'm sure you are going to be glad when this is all over with, with all the time, and I'm glad the other side is picking up some of the tab for the bill. But let me just say that I just want to make sure that, on the record, is that this agreement does not constitute an increase of rate to the consumer, and I think it's very important for you, Mr. Mayor, as well as this legislative body, to make that very clear, that this agreement will not increase the rates. Although, they can increase the rates and we have no regulation -- we can't regulate them. They're federally regulated by Congress, so, I just wanted to put that on the record. Mayor Diaz: Actually, Commissioner, one of the interesting lessons that I got in going through this process is that we do, in fact, have a right to regulate rates, as it relates to the basic tier, am I correct? Which is something that came as a surprise to me, and I'm sure it's coming as a surprise to you. Commissioner Sanchez: It comes as a surprise to me right now. Mayor Diaz: But we do have the ability, in that limited area, to regulate rates, but in answer to your specific question, there's a specific provision here that says that, as a result of the financial obligations here, these costs are not being passed through to the consumers. Commissioner Sanchez: Thank you. Also, if I could have Matt -- maybe you need to step up to the mic, and ensure that we do have -- they do have enough funds, under the construction bond and the financial guarantee, to cover what they basically have promised. Mr. Leibowitz: Well, I think we're fully collateralized now, and going into the future, for the remainder of the term of the franchise. Commissioner Sanchez: And on Number 9, which is the additional size provision for cable service, licensee agree to provide cable service at no cost to the City to various sites. One of the resolutions that you have on the floor, Mr. Mayor, has different sites. Are they willing to -- and it's Attachment "A" on one of the resolutions. I'm not sure. They're not numbered. But it basically holds all the elderly centers, or whatever activity centers there may be, where they will be provided at least cable access through recreational rooms, not their private rooms, but at least Mayor Diaz: That's right. Commissioner Sanchez: Now, has AT&T agreed to all these sites? Mayor Diaz: No, not to the particular sites, I don't believe, but two years ago, they agreed to do it. Commissioner Sanchez: So, what assurance do we do that every -- in fairness to everybody's district, including Commissioner Winton's, Angel Gonzalez, myself, Commissioner Teele, and Commissioner Regalado, that all these sites are going to be provided, you know, cable? Because I'll tell you, they will be calling our offices. This, next to the hot seat, is like the second issue that, besides the budget, we really need to get to, and we'll get to that. Mayor Diaz: That's right. Well, I mean, if you want them to step up and acknowledge that they have an obligation, under the ordinance, to provide services to these kinds of public facilities, you know, they can do that. But that's something that they have an obligation to do today, under the existing ordinance. That's how it looks. And it's -- oh, I'm sorry. And Matt just pointed out that it's reaffirmed in the agreement that we have today, in the settlement agreement. Commissioner Sanchez: And your other resolution, a resolution of the City of Miami Commission calling for a provision of cable service to designated public building -- no. I'm sorry. It's the other one. Mayor Diaz: That's the same one. Commissioner Sanchez: Yeah. Resolution of the City of Miami Commission calling for an equitable treatment to leased access programmers on cable system operating within the City of Miami. Let me just say that not everyone in this community watches CNN (Cable News Network) or SPAN (Satellite Public Affairs Network) or the major channels in our -- in the system. Some of them look to the low bands, because I've learned a little bit about that. And some of them are going to be left out, and it's been a concern -- although, once again, I want to make it very clear, we can't regulate that, just like we can't walk into Publix and generate what prices they could sell a gallon of milk. Mayor Diaz: Right. Commissioner Sanchez: But it's important to say that we need to do everything we can to make sure that our viewers have a variety of cables, with low ban, whatever it may be, just to name a few, Tele Miami, Cable 41, which my office has been bombarded with calls. I don't know what's going to happen if they take off (UNINTELLIGIBLE). I mean, it's going to be a nightmare, because I've gotten hundreds and hundreds of calls with that program. There'll probably be a revolution. But, you know, I have to look after my voters, the people that put me in office, and I have to address their issues, and they're very, very, very disturbed knowing that that channel may be or may not exist in the future. So, although we can't regulate it -- and I'm very cautious of what language I use. I just want to put that on the record. So, thank you, everyone who's labored so hard to get this accomplished, and I think it's a -- it will be a win-win situation for just about everybody. Chairman Regalado: Thank you. I want to thank Mayor Diaz. Mayor, I -- personally, I thank you twice, because several months ago, the City Commission asked me to take this job and this deal, and it wasn't that -- what did you say? OK. Anyway, I think there are several issues here that are important, and it should stand out by themselves. First of all, the service. It is important that AT&T has recognized -- and we thank that to Mayor Diaz -- that if you don't have service for more than two hours, you get a rebate, you get a discount and a credit from AT&T. Commissioner Gonzalez: I haven't gotten mine. Chairman Regalado: That is important, because there have been people that have been without service for days and days and days, and that would touch the lives of many, many people here. The second issue for me important is what this resolution calls for, is that the City of Miami Commission is calling, not only on Congress and FCC, but also on AT&T to understand that if they want to be partners and good neighbors, they have to mirror the City of Miami, and this is what we are asking, to mirror the City of Miami in their access to many of the subscribers. So, once again, Mayor, we thank you. Thank you, Matthew, for your work, and your always -good information. Do we have -- this is a public hearing. Mr. Romay, you want to -- Omar Romay: Yes. Commissioner Regalado, thank you very much. Chairman Regalado: Your name, please. Mr. Romay: My name, Omar Romay. I'm the CEO (Chief Executive Officer) for (UNINTELLIGIBLE) Channel 41 of Miami. We have a license from the federal government to operate the TV (Television) station in the City of Miami. Because it's a low power station, we don't have rights to be carried for free, as all the (UNINTELLIGIBLE) stations, which have full power in our County are. We worked already for several years in this City. We grow now to 200 employees, created 200 jobs. We produce (UNINTELLIGIBLE) television than any other TV station, except FOX. We have been -- because we don't have a right to be carried for free, as all other TV stations have. We had to negotiate with them to be carried, and we really negotiated for seven years. Originally, when we started, they said, "You don't have an audience. You better pay." And then later, the original audience, a significant audience, "We're going to reduce that rate, and price it according to the amount of viewership that you are able to gain through the years." What happened? The truth is that the station, instead of they meaning what they said, it went against. It was totally reversed. After we got a significant audience, now we are number three station in this community, even on top of NBC, CBS and FOX. They decided to raise the rates instead of reducing it. Right now, since March, last year, we are paying 50 percent more than we were paying. And the fact is that they don't want to pay attention to what the people of Miami want to watch on TV. They fill a service, but they are a monopoly. So, they only care to put on their cable system whatever channels they want to put, and whatever people want to watch, they don't care about. So, although we were able to grow in the — become a significant audience, they don't care that it is a service to them. Last year 30,000 people called them saying that they wanted us on the cable system. They didn't pay attention to that, and they raised our rates anyway. So, the situation is that I appreciate very much the efforts of the Mayor to include some language there, to request the FCC to reduce the cap, which allows them to charge a very significant amount. Right now, we are paying more than a million dollars a year to them to be carried, which is around a million dollars a year, so, whatever they agreed to on that deal is what we pay to them every year, and we have been paying that for five years already. So, the situation is, they feel like we can pay. They can demand whatever they want. So, we try the FCC level. We try the Congress level. And the situation is that our situation is special. Miami is a city in which 60 percent of the population is Hispanic or want to watch TV in Spanish, and they don't pay attention to that. OK. So, I am against this approval, because I don't see here where the people can express their opinion in favor of keeping our station on the air and keeping their programs, the programs that they want to watch on TV and cable. I don't see here anything in this agreement with them that will guarantee a reasonable rate to us, as well as to any other programmer that wants to serve this community. So, I am against. I oppose this entirely because it hurts, and lets them do whatever they want to do. But also because we are approving -- you are approving today the possibility of a big conglomerate, which has (UNINTELLIGIBLE) five percent of full cable accounts in the country, to merge with another conglomerate that owns another 15, 20 percent of the cable cones in the country. So, instead of sending a message to Washington, saying we don't want more concentration, by approving this, you're telling Washington, it is a sin for us, whether there is one company in the country that owns all the TV accounts or there's two, or three, or ten. I want to -- I work for diversity. I work for people to have choices. My daily -- everyday is to give their -- to do the best programming I can do, I can deliver, to get their -- really to see my station. But that work is jeopardized, because we concentrate on one or two companies in the country. Or other TV hosts, they are going to decide (UNINTELLIGIBLE) Miami, where they had 80 percent of your cable accounts, and this is not good for the country and this is not good for Miami. So, I'm against this transfer, and I appreciate the time. Thank you. Chairman Regalado: Thank you very much. Thank you, sir. OK. Yes, ma'am. Sira Valido: Good afternoon, Honorable Mayor of the City of Miami. Chairman Regalado: You have to speak into the mic. That way we can listen. And your name and address, please. Ms. Valido: I'm going now. Honorable Mayor of City of Miami, Commissioners, and officials, my name is Sira Valido. I am the Founder and President of Florida Sol System, a local cable and communication contractor that has been operating in Miami and Dade County for over 13 years, training local individuals in the cable and the communication field. Today, it is an important day for all the residents, right? I speak for Florida Sol System, for all my independent contractors and for my employees, all right? AT&T has been very fair. And I'm here clear. I work very hard. Nobody's given me anything to say what I'm saying in front of the honorable officials. They have given me a fair training to have hundred guys working in Dade County, and training them. And they -- when they first came over, they have given me the opportunity to be able to keep training for the new technology in all the fields. I don't only work in installation. I work in marketing. I used to work marketing and sales. And, then, when AT&T -- TCI (Telecommunications, Inc.) -- former TCI. AT&T today took over -- and in installation, area construction and underground construction. And this company have been giving me a fair chance to train all my guys, and to work with them. I am not perfect, but whatever problem they ever have with me, they always correct it, right? And I'm talking for Florida Sol Systems, OK? Now, today, not only I want to tell you the feeling of my independent contractors and my employees. It is an opportunity today, that explain in here, which is a merge between two companies, AT&T and Comcast, which are very two large companies. They are requesting approval for their merge, AT&T and Comcast. These two companies are financially strong and knowledgeable, OK? And they -- in addition, they will be providing my employees, and not only the ones that I have right now, they will open doors for more work in Dade County, in the City of Miami, in Broward and in all South Florida, all right? So, I please you, Commissioners, to please listen to what I'm telling you today. I'm coming here just to defend my company, to tell you the opportunity that they gave me, and to please think before you make any decision that is in favor of the City of Miami and Dade County, to let these two companies merge, and give us a strong financing, more marketing, better service to all these residents in the City of Miami and in South Florida. Chairman Regalado: Thank you. Ms. Valido: I thank you for your time. Chairman Regalado: Thank you. Go ahead. Angel Zayon: My name is Angel Zayon. I live at 525 (UNINTELLIGIBLE) Drive. (UNINTELLIGIBLE) supposed to approach here, Commissioners, but, honestly, I feel sad that the Mayor has bring a contact that the City Commissioners will see at the meeting for the first time during this meeting. This negotiation took several weeks. And I have heard the lady that just approached this Commission, saying that AT&T helped her workers to be trained and her company to grow. I perfectly remember when AT&T bought Video 1, where my colleagues from (UNINTELLIGIBLE) were fired almost the next day. But we serve in this community as we also live in this community. AT&T's promising now what we've been giving you guys for the last five years. We've been informing our constituents, the people that live here in Miami. We have a lot of difficulties to put a newscast on the air, and we've been doing it just to provide a service that this community needs. AT&T's not given us an opportunity to be on the air, and they won't give us any opportunity if you guys, Commissioners, agree to this contract. I remember a couple of weeks ago, where Mayor Raul Martinez, of Hialeah, was a regret that the last government, when he was out because of some legal matters, signed an agreement, and he cannot do anything to that agreement, because they make a quick decision in favor of a big company. Now AT&T's asking again to take the whole control. They're asking for an exclusivity to be managing the waves on cablevision. And then it's like renting a house and if you don't want that person to still live in there, just tell them that their rent is going to be raised four hundred times, so they'll be out of the house. So, respectfully, I ask you not to approve this today, at least have some time to read and let's find out who's the expert that came here, the engineers that told the Mayor or either -- I don't know if you guys work for us or for the City. As I understood that, the lawyer who's representing the City now has to advise our station, and I said, you know, I don't know if there's a conflict of interest in this matter, and if we have to take this into consideration. If we can agree to approve a contract that has been monitored by a lawyer who has been giving us advice, too, on this matter, as a real advisor. So, once again, I ask you to rethink and not to regret, in the future, something that you won't be able to change. Thank you so much. Chairman Regalado: Thank you. OK. We have three -- we're closing the public hearing. We have three motions. Commissioner Teele: Before you move, I want to -- Chairman Regalado: Yes, sir. Go ahead. Commissioner Teele: Before you move, Mr. Chairman, I'd like to ask Mr. Leibowitz -- Mr. Leibowitz, the Mayor has given -- I'll come back to that. But from the very beginning, I've expressed a lot of concern with you about the trigger mechanism, which is contained on Page 2, outlined in C3, A, B and C. And my concern, as I've shared with you from the beginning of this, over six months ago, is a very similar issue that the Mayor has raised in the resolution, the lack of access by certain segments of this community, particularly, African-American. I mean, let's put it on the record. The African-Americans are only group that are totally locked out, not because of the FCC rules, or not because of AT&T, but because of the marketplace, itself. I wish there were a low powered television station that could sit next to you and complain and be there. And these are very complicated issues. But one of the things that cable was supposed to address, nationwide, was this whole issue of access and giving -- literally being one of the great equalizers. The issue that I asked, repeatedly -- and, fortunately, I think you and the Mayor have codified this, at least in this very well written document, my concern. I just want to be very clear, and read on the record, the concerns that I have about, somewhere down the line, that this City or an entity of the City or, somehow, being in a position to provide community programming that is non-commercial broadcasting, OK? That is like PBS (Public Broadcasting System), like the School Board channel, something that has nothing to do with advertising, nothing to do with commercial, that will begin to open the door to the African American community, and can do the Haitian community, which is totally locked out of the process. Is that contained in this agreement, as I read Item 313? And I'd like to know which other Commissioners raised that issue with you. Mr. Leibowitz: First of all, Commissioner, I think the -- I have to break down my answer to several of the questions that you've raised. First of all, we did address, as you've noted, that the City has the right to get the second government channel, without regard to the quantifiable formula. We still have a number of other channels we can get, but that's subject to the programming formula that's contained in the ordinance. Secondly, as we've discussed, in the original ordinance and license that we've negotiated several years ago, there is no restriction on commercialization of these channels. We further talked about what type of policies this City could envelope or were developed in terms of funding some of these channels. And we talked about the public broadcast model of underwriting as sponsorships of programming, and that is available to you. Commissioner Teele: Yeah. But, see, this is the point I'm making, Matt, and I want to be very clear and on the record. The black community, including the Haitian community, is totally locked out of commercial television and cable in Miami today. Has nothing to do with AT&T. Has nothing do with -- it has to do with economics. It has to do with this. What I've asked, repeatedly, and what I think is in here is the potential now that there could be a cable contract or a cable access that could address this unique, total void. But let me just say this before everybody "me, too's. " The worst thing that could happen in the Hispanic community, in my judgment, would be to, then, now try to compete with the Channel 40s, and the low powers and all of that, through using this mechanism. So, I want to just be on the record, with my colleagues, the Mayor, and the Communications Director. What I asked for was something -- because there's a total void in the marketplace. This would be the worst thing, in my opinion, in the world to the existing commercial television stations that are doing very well -- I'm happy to see Mr. Fuste and others here today, that are doing very well -- if you start now using government, using this mechanism, to compete against them. So, I want to be clear. I've tried to make sure that the door's open for the African-American community that has no commercial, that has no low power, that has nothing to be able to come through the door, but I'm not trying to create an unfair market. And I'm putting you guys, you four people, on notice, that when I try to do something in the black community, the Haitian community or somewhere, if somebody says, "Well, we want to do the same thing in the Hispanic community," it is going to hurt you, because you all are here. There is no need for government to get involved in trying to deal with that marketplace issue. So, I want to be very, very clear on the record what my intent is and what my goal is to be. If there were a black -owned television station, low powered or not, or Haitian/American-owned television station, low powered or not, I would be against this provision, because the one thing that we don't need is for government to compete against people that are trying to make a profit, you know. And somewhere along the line, the only way black people can be in business is they've got to be not-for-profit in America, you know. You notice, all the rules benefit the black community, if you don't make money. As long as you don't make money, as long as you're poor, you've got a free check to the government. But when you start talking about making money, then, you know -- so, I wanted to be clear as to what this provision does. This provision, essentially, opens the door, perhaps, to a community kind of broadcasting that you have in a lot of rural communities all over the United States; that could be aimed at any community. It could be the Israeli community or the Jewish community, you know, in Hebrew. They do have some of those stations in New York, don't they, Matt? Mr. Leibowitz: I think so. Commissioner Teele: It could be -- maybe even a Portuguese, which would not make you all very happy. But the fact of the matter is, is that was what I wanted to do. The second thing, and the more important issue is this. Mr. Mayor, I don't -- I mean, I don't believe in -- you know, I call it like I see it. This agreement and this process, under your leadership, have been so professional. It has been so thoughtful. It has been so absolutely -- it is -- I have seen this evolve, with all due respect to the City Attorney, and Matt, and the management, et cetera, and I would urge you, as the Mayor, who is ultimately the chief spokesperson of the City, which implies that you are also the guardian of our image and reputation, to look at this whole cable process as an extension, or as an appendage that the Mayor's Office should have unique oversight over, in this regard. First, the programming, which we are talking about -- AT&T should be up complaining about, but it seems like they've been very demure here, lately. The programming in our station, on Channel 9, NET 9, leaves a lot to be desired, and they would be within their rights to object to a lot of the things that we're asking for and say, "Until you all get your act together" -- I know that you've done an outstanding job in identifying a nationally recognized person. Certainly, Mr. McDonald is doing an outstanding job, and I think that's well underway. But the other side to this issue that really needs your personal attention, Mr. Mayor, and will have my support, through the budget process, that unless and until we have one person who is a contract manager, not additional duty, doing this, doing that, not a part of this issue and that issue, unless and -- and you know what, Mr. Mayor? On all the big issues, we just pass them by. On all the little issues, we spend hours and hours and hours. This is a big deal. This cost a lot of money. A million dollars is an unbelievable amount of money for a small business to be paying, but it also is a lot of money out of households. This is not cheap stuff. Cable is not cheap. It's just the nature of the business. And it's a hundred million dollar kind of business activity, and, yet, we don't have anybody, and we've never had anyone, dedicated full-time. That's no reflection on ITD (Information Technology Department). I don't -- it's not even an ITD function. I mean, this is a customer service/contract management function, and a lot of the complaints that we've heard over the years about this whole cable thing really gets down to the fact that we've not done our job. I would hope, if we go forward, Mr. Mayor, that there would be one person identified, whether it's in the Office of the Communications Office, or in the ITD, or the Office of the Mayor, or wherever that person is managed. But your office would have some access to that individual, because we need to give this a lot more attention, because it's one of the things -- one of the services that we provide. Let me give you an example, Mr. Mayor. Florida Power & Light charges the City how much money a year to keep lights on? Two million, four million? (INAUDIBLE COMMENTS) Commissioner Teele: Four million dollars, OK? And yet, lights out everywhere. But when you really start going down through it -- sit down. (INAUDIBLE COMMENTS) Commissioner Teele: But when you start going through it, one of the problems, Mr. Mayor, is that we didn't have, a year or so ago, enough people managing the contract, but -- I mean, that's like an automatic charge -out every year, and this is what's going to happen to this contract if we don't do it. And, so, I'm appealing to you, Mr. Mayor, personally, or the Office of the Mayor, but to you, Manny, now that you've invested in this and you understand it -- you probably understand it better than all of us up here now, other than maybe the Chairman -- let's use this as a way of creating this whole new accountability, and accountability goes both ways. We need to do a better job with our programming. We need to be more responsive in dealing with these issues that the low powered people -- constituents have said. In direct response to you fine gentlemen, let me just say this. If you we did what you asked us to do, you know what would happen? You really know what would happen? (INAUDIBLE COMMENTS) Commissioner Teele: Well, let me tell you -- no. Let me tell you what would happen. They'd go ahead and do it, anyway. They'd do exactly what they're doing, anyway. You see, the FCC -- the way that Congress has written the law, we can do one of two things: We can accept it or reject it, pretty much. Now, the fact that all these issues are being opened is giving AT&T, and a whole lot of people in the industry, a lot of heartburn. You know why? Because they don't do this. They don't want to do this. They don't want to have to go to Jacksonville and start doing this, and then they don't want to have to wind up going to Wildwood, Florida. And it does create a very real precedent. And, so, we've got a very good deal now, but I will say this: One of the reasons that I'm asking the Mayor to take this issue under advisement is that we need to have a person that is dealing with your concerns on a daily basis. It should not have come to this contract, for AT&T to do what makes good business sense, which is put the basic providers of television in the basic, in Miami. I mean, that's a no-brainer, folks. So, we've got a lot to do, and I support, very strongly. Mr. Mayor, the final point is this, and this is a serious statement: When Mayor Suarez was elected, he came to me, at the request of the then -Chairman, who appointed me, to negotiate the compensation package for Mayor Suarez. If this Chairman doesn't ask me to do it, I'm going to recommend something within the next 90 days, not as a part of the budget process. But it's very clear that the compensation arrangement that we've established with our Mayor was based upon a different set of circumstances and a different position that the City was in. We were in a Financial Oversight Board. The manner in which you've approached this, we either ought to fire Matt and give you his salary, or we ought to make some adjustments. Mr. Leibowitz: I'll leave. Commissioner Teele: Or we ought to make some adjustments to yours. But, Mr. Mayor, I sincerely compliment you for taking this seriously, but I think is job is well done, at this point, but there is a tremendous opportunity ahead to better serve the citizens, and I would like to work with you in codifying a process whereby these issues, other than "my cable's off," because there are some very real business issues that we've got to figure out how to inculcate and make a part of this process, and I'm very committed to trying to help you all work through that. Chairman Regalado: Thank you. Thank you. And I just want to say that five and a half years ago, I started asking about the second access channel for the City of Miami, and I was told that we needed to have 700 hours of live or taped programming in order to access that channel. I am very happy that the Mayor has obtained a waiver, because I will tell you, frankly, I agree with Commissioner Teele. We don't have the right programming in NET 9, nor we have the hours to fulfill that rule established by AT&T, so we can access. But if we do -- and I do have a plan, whenever -- and I will submit that to the Mayor -- we can have that station on the air, serving all the communities, as a mirror of the City of Miami, in no time soon, so -- and I wanted to say, also, that this Commission is committed to diversity in programming, and I think it's important that this resolution goes beyond the Hyatt Regency or the James L. Knight Center, to the FCC and the Congress. So, we have three resolutions. Commissioner Teele: Why don't you let the Attorney read the resolution into the record, and then we'll -- Chairman Regalado: OK. But we have three resolutions. The first one is to approve or reject the merger of AT&T and Comcast. Commissioner Teele: Let's move the "rejection." Oh, I mean, move -- Chairman Regalado: You want to -- Matt. Alejandro Vilarello (City Attorney): Mr. Chairman, there's one issue I'd like Mr. Leibowitz to address before you take a vote. Mr. Leibowitz: Mr. Chairman, at the request of the City Attorney, there's been an issue raised about potential conflict of interest of myself and our law firm. I'd like, for the record, to reflect that, as you all know, we are a telecommunications law firm. We represent a lot of telecommunications providers. We have represented a number of leased access providers, including the Channel 41 folks. However, we do everything we can to avoid potential conflicts, including limiting representation. So, when we represent to these folks, we represent to them on federal issues, not before any City. And that was disclosed to the City officials early and often throughout this process. Commissioner Teele: The question is, do you represent AT&T? Mr. Leibowitz: I've been accused of that, too. But I do not, and nor have I ever, represented AT&T. Chairman Regalado: OK. So, read the resolution. At this time, the City Attorney read the resolution, by title, into the public record. Commissioner Teele: So moved. Chairman Regalado: OK. We have a motion. Do we have a second? Vice Chairman Winton: Second. Chairman Regalado: Second. Roll call, Madam City Clerk. Priscilla A. Thompson (City Clerk): Commissioner Sanchez. Commissioner Sanchez: Yes. Ms. Thompson: Commissioner Gonzalez? Commissioner Gonzalez: Are we voting on the merger? Chairman Regalado: Yes, to approve the merger. Commissioner Gonzalez: OK. The different Commissioners have spoken on this item, and I was just waiting for this moment to express why I'm going to vote "no," and the reason that I'm voting "no" is because I don't feel confident that AT&T is providing the service that we want our residents to have. It was said here that under the supposed agreement, if you were out of service for "X" amount of hours, you will be given credit for a day. Well, let me tell you, I was without service for three days, and I never got the credit. And it's not that I care about the credit. It's the discourtesy that we had -- that I had when I called AT&T in order to get my service re- established. Later on, I had my cable disconnected for four days, on Memorial Day weekend. I had to wait four days in order to have my service back. No refund. Day before yesterday, ex - Commissioner Willie Gort called me at 10:30 p.m., that his cable service was disconnected at 10:30 in the morning. His wife called the company, and the company told her that since they didn't had many calls complaining, she would have to wait four days to get her service established. Thank God, I called -- I had Frank Castaneda call Ms. Susan, and I think they took care of it the next day, but they were out of service. I still have to ask Commissioner Gort if he has his supposed credit for the service. The sidewalks on Northwest 7th Street have been broken. I believe the connection hasn't been completed in that section there, yet. The sidewalks are broken, and the sections that are being repaired are not being repaired with concrete. They are being repaired with asphalt. And I want to know -- since it is in my district, I want to know who's going to be paying for the repair of those sidewalks? As far as the service or the connecting of the companies that do the connection and the exchange, when they went to disconnect, they disconnect my service, nobody knock on my door to let me know that they were changing the system, and that I was going to be affected for "X" amount of hours, and that I will need to be programmed in the new system. They went up the pole. They just disconnected my cable, and not only me. They disconnected the entire neighborhood, OK? They didn't advise us. I found out when I called the company. Four days later, they informed us that the problem was that they were changing the system. So, for these reasons, I have to vote against this, and I'm sorry to be voting against something that the Mayor is proposing to be approved, but I don't' -- with all conscience, I can't vote for in favor of this contract at this point. Thank you. Commissioner Teele: Mr. Castaneda, would you call tomorrow and get his service reconnected? Chairman Regalado: Continue roll call. Ms. Thompson: Commissioner Winton? Vice Chairman Winton: Yes. Ms. Thompson: Commissioner Teele? Commissioner Teele: Yes. Ms. Thompson: Chairman Regalado? Chairman Regalado: Yes. OK. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 02-917 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE CHANGE OF CONTROL OF THE CABLE TELEVISION LICENSE GRANTED TO MIAMI TELE- COMMUNICATIONS INC. (THE "LICENSEE") FROM AT&T BROADBAND LLC TO AT&T COMCAST CORPORATION; PROVIDING FOR AN EFFECTIVE DATE. (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 Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: Commissioner Angel Gonzalez ABSENT: None. Chairman Regalado: Second resolution. A resolution of the Miami City Commission calling for the equitable treatment -- Commissioner Sanchez: So moved. Chairman Regalado: -- of Leased Access Program. Commissioner Sanchez: So moved, Mr. Chairman. Chairman Regalado: It's been moved. Vice Chairman Winton: Second. Chairman Regalado: And it has a second. Roll call again, please. Ms. Thompson: Commissioner Sanchez? Commissioner Sanchez: Why do I always have to be first? Ms. Thompson: I just try and mix it up every once in awhile. Commissioner Sanchez: Yes, ma'am. Ms. Thompson: Thank you. Chairman Regalado: Because your last name, it starts with an "A." Commissioner Sanchez: Why am I always the first one? That's -- Chairman Regalado: "A." It starts with "A." "A" Sanchez. Commissioner Gonzalez: Mr. Chairman? Vice Chairman Winton: Are we on roll call? Chairman Regalado: Roll call. Ms. Thompson: Commissioner Gonzalez. Commissioner Gonzalez: What is this resolution about, to ask that all companies be treated equally? Commissioner Sanchez: All the small (INAUDIBLE). Chairman Regalado: Diversity. Commissioner Gonzalez: Always in favor of people being treated equal, so yes. Ms. Thompson: Commissioner Winton? Vice Chairman Winton: Yes. Ms. Thompson: Commissioner Teele? Commissioner Teele: Yes, ma'am. Ms. Thompson: Chairman Regalado. Chairman Regalado: Yes, ma'am. Passes. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 02-918 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DESIGNATING CERTAIN PUBLIC FACILITIES, LISTED ON ATTACHMENT NO. 1, ATTACHED AND INCORPORATED, TO RECEIVE CABLE SERVICE, FREE OF CHARGE, FROM MIAMI TELE- COMMUNICATIONS, INC. ("LICENSEE"), PURSUANT TO THE PROVISIONS CONTAINED IN SECTION 11-13(A)(4) OF THE CITY CODE; FURTHER DIRECTING THE CITY MANAGER TO ADVISE LICENSEE TO IlVMEDIATELY TAKE ALL STEPS NECESSARY TO PROVIDE SUCH CABLE SERVICE TO THOSE FACILITIES DESIGNATED BY THE CITY COMMISSION ON ATTACHMENT 1. (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: Resolution of the Miami City Commission calling for the provision of cable services to designate public buildings, parks, community and daycare centers -- Commissioner Sanchez: So moved, Mr. Chairman. Chairman Regalado: -- and other public facilities. It's been moved by Commissioner Sanchez. Commissioner Gonzalez: Second. Chairman Regalado: Seconded by Commissioner Gonzalez. Roll call. Commissioner Teele: Mr. Chairman? Chairman Regalado: Yes, sir. Commissioner Teele: I would ask that the maker and seconder of the motion ask that Town Park Center, North and South, be added to the list, if available. They're not private dealers. They're not public buildings. They're co-ops. They're the last of the co-ops, the only co-op in the state, and I would only ask if -- that they be added to the list, if available. That's Town Park North, South and Center, if that's acceptable to the maker of the motion. Chairman Regalado: OK. Motion, as amended? Roll call. Ms. Thompson: Thank you. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 02-919 A RESOLUTION OF THE MIAMI CITY COMMISSION STRONGLY URGING THE UNITED STATES CONGRESS, THE FEDERAL COMMUNICATION COMMISSION AND THE UNITED STATES CONFERENCE OF MAYORS TO REVIEW AND ADOPT RULES AND REGULATIONS TO PROMOTE DIVERSITY AND ENSURE NON- DISCRIMINATING TREATMENT RELATING TO EXCESSIVE COSTS FOR LOCAL MINORITY LEASED ACCESS PROGRAMMING; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Chairman Regalado: Thank you very much. Everything is done on the AT&T issue. Thank you very much, Mr. Mayor. Thank you. 6. COMMISSION ON STATUS OF WOMEN REQUEST THE CITY COMMISSION TO SUPPORT THE MIAMI-DADE COUNTY HUMAN RIGHTS ORDINANCE Chairman Regalado: We promised, and we delivered. Personal appearances. Committee on the Status of Women. Commissioner Teele: Susan, thank you. Commissioner Sanchez: Susan, thank you. All those that are here, thank you on the issue. Anita McGruder: Mr. Chairman, my name is Anita McGruder. I live at 90 Northeast 42nd Street and -- Chairman Regalado: I would like to apologize. You've been very gracious, and Allyson, too, and the thing is that we have to get all the things out of the way, and I'm sorry for the delay. Ms. McGruder: No, I understand. But as volunteers for the City Commission, we do understand that the business end has to be taken care of, also, and we appreciate the opportunity to come back to the Commission, to present the issue regarding the human rights ordinance. And realizing that time is of essence here, we will take maybe one minute to ask you to look back at the July 3rd meeting of the Commission, where we presented a resolution asking the Commission to support the Miami -Dade County Human Rights Ordinance. I wish we could say that we were on the cutting edge in supporting or asking your support for this particular issue, but it was actually 25 years ago that Miami -Dade Commissioner Ruth Schack proposed it to the Metro - Dade Commission. It was passed, and repealed, and then again voted into ordinance back in 1998. There have been a number of municipalities who have supported this issue, and I know for a fact that several Commissioners have signed on to support, and basically, we're asking you to vote in favor of supporting the Metro -Dade Human Rights Ordinance, and actually, this is the last opportunity, because as you know, it is set for vote for possible repeal in the September 10th election. Vice Chairman Winton: So move. Commissioner Teele: Second for discussion. Chairman Regalado: We have a motion and a second. Commissioner Teele: Mr. Chairman, I'm going to vote for this on September 10th, and I would urge everybody to vote for it. I'm not sure that this Commission -- I'm going to vote for this, and, I mean, I'm not ambivalent, I'm not -- Vice Chairman Winton: I wrote a check. Commissioner Teele: But it is an issue that I think is generating a lot of discussion, particularly in the religious community, and I believe that our statement to urge people to vote for this may be intrusive. I have no problem putting my name and saying that I'm voting for supporting it. You've written a check, Johnny. I'll write a check for a tenth of the amount of what you've written yours for, but the fact of the matter is that we need to be very careful. I mean, this is -- this could be the kind of issue that gets us into discussions and debates with people that we are trying to be a City that respects all opinions, and people who are against it have just as much right, so if the will of the majority is -- I'm going to vote for this resolution, but I respect anyone who is not going to vote for it, or doesn't want to participate, because I think we need to be very careful that we don't push each other into issues that create wedge issues. Chairman Regalado: And I just want to say that I would rather not vote on this issue on the City Commission, because this is one City, and one future, and by voting here, we are bringing more controversy into the City. I can argue that the Cuban community has been discriminated. I have a picture taken in 1961 that said, "No children, no Cubans, no dogs," as a rental in an apartment in East Little Havana, so I don't think that this is about fighting discrimination, but if we want to be a common voice, I just don't think that we should vote as the City Commission, because, you know, after all, it was the County Commission who made the mistake of not taking this to a vote when they decided to include that amendment, and then they backed off, and they decided to have a public hearing, and then they decided not to have a public vote, so it's very difficult for me to understand why we need to vote in support. I want to ask you something. Anita, do you think that in the City government of the City of Miami they discriminate against blacks, gays, Cuban, Nicaraguans, lesbians, women? Ms. McGruder: Well, Mr. Chairman, you're certainly putting me on the spot there to ask me such a question, but I would hope that the City of Miami is certainly an equal opportunity and equal access employer. Chairman Regalado: I hope -- would certainly hope so, and if you follow this Commission, and these members of the board every time that there is a major conflict, every time that there is something that we can interject, we request a diversity. We request a first hiring source, and as a matter of fact, it is the City of Miami, because it's one of the poorest cities, the City with more diversity in South Florida. You know, I don't have a problem with the people that live in Kendall or the Redlands, but in the City of Miami, we all live together, so you know what? I -- Ms. McGruder: But, Commissioner, it's just that -- I guess as a person of African descent, there is -- we've been through a period of segregation, and then there was de facto segregation, and so discrimination can sometimes fall into that realm where a statement is made that we are equal employers, equal access, but the practice, in fact, is a little bit different, which is why we would ask for support. Chairman Regalado: I don't understand. You tell me that I have the responsibility of being part of this government. Are you saying that we do discriminate in the City of Miami? Ms. McGruder: No, that's not what I said. Chairman Regalado: The ambience, the environment, you say we are an equal opportunity City. Ms. McGruder: Yes. Chairman Regalado: So what is the problem with the City? I don't understand. Ms. McGruder: No. Again, I'm not saying that the City discriminates. OK? I have no evidence of that fact, but as in many issues in the past, we sometimes find that discrimination does take place, maybe by individual members of the City staff, who have certain personal preferences, or certain personal discriminatory feelings that have not been legislated or supported. Chairman Regalado: I still don't understand, and, you know, I got to say to you, although I don't -- it's not the way I am -- I just don't understand the purpose of this vote, so I'm going to vote no. Commissioner Teele: Mr. Chairman, Mr. Chairman, in fairness to you and Ms. McGruder and everyone, I don't think this is about the City of Miami at this point. This is really about whether or not a person is going to have the sense of freedom in this community to pursue their life style, or their religion, or their views without fear. Now, I mean, you know, Amnesty International has said on the record that Miami, the City of Miami is one of the few cities in America where people absolutely cannot say how they feel. And you know what I'm saying, and everybody in here knows what I'm saying. Chairman Regalado: I read that report -- Commissioner Teele: And -- Chairman Regalado: -- in the political setting. Commissioner Teele: And so, you know, this whole issue of the resolution -- See, where I'm uncomfortable is -- I'm prepared to say I worked for Ronald Reagan, and I have never felt I have worked in a more racist environment than in the City of Miami today, in 2002. I've said that in Columbus, Georgia. I've said it all over. I've said it at funerals. It is really sad, the kind of racism, the kind of invidious racism that somehow found its way into the City of Miami 50, 60, 70 years ago, that still is here. And I mean, I worked -- I was in the military, I worked in Federal government, State government, County government, Miami -Dade County. World of difference, night and day. The amount of invidious and institutional discrimination and racism that I see as a City Commissioner in the City of Miami is ten times greater than I have dealt with, with Ed Meese and the Reagan Justice Department. So I don't have any problem saying it, for the record. This City needs a lot of help, and it needs a lot of professionalism. And incompetence has a way of showing itself as being against people, where people feel uncomfortable. So, you know, and I think what is going on now has nothing to do with the Mayor, has nothing to do with the Manager, it has nothing to do with the Commission. It is just something that has -- and if Miller Dawkins were here, he'd say the same thing. I've had a hundred conversations with Miller. Had a conversation with Ms. Range the other morning -- the other night at a funeral for Arthur Jackson, and everybody just admits how sad it is. There is no question there is discrimination against people in this community, but this is not about the City of Miami. It's really about whether or not this community is prepared to deal with the openness of the society, particularly lesbians and gays. That's what it really gets down to. Now, I think this is an unfortunate issue that I would rather not this Commission vote on, because I think it represents a (UNINTELLIGIBLE) issue, because I think those people who don't like, you know, gays, or lesbians, or blacks, or whites are out there. And the fact of the matter is, I'm going to support this resolution, because I think we need to end it. If this resolution were a resolution directing the City Manager in the City process, I think it would be appropriate for us to vote on it. OK? But what we're trying to do now is trying to tell people that the City is saying vote for this. And while the chamber can say that, or other people, I don't think, you know, we want to create an issue that we don't have to. If this were a resolution directing the City of Miami Manager to conduct a review, and to ensure that gays, lesbians are given access to being on the Chief of Police senior staff -- OK? -- and the Fire Chief's senior staff -- Chairman Regalado: I would vote for that. I would vote for that. Commissioner Teele: -- I would vote for that tomorrow. But let me tell you this. I go to the bars. I go to the places. I hear the bantering about -- OK? -- about this, that and the other. And we need to clean that up. But this is not about that. This is about trying to tell people how to vote. I don't know if -- I don't know how this is going to come out, Johnny, but I would hope that three of us could vote for this. Otherwise, if it's defeated, that's going to be a story. Vice Chairman Winton: Yeah. Allyson Warren: Can I jump in, gentlemen? Vice Chairman Winton: No. I mean, yeah. Chairman Regalado: Your name, please? Ms. Warren: Only if you say "yes." Allyson Warren, 650 Northeast 82nd Terrace. This is not about trying to tell people how to vote. This is more supporting the community who are asking the community to vote. We're not telling the City how to do anything. Commissioner Teele: What does our reso -- Mr. Attorney -- Ms. Warren: Our resolution is -- Commissioner Teele: Mr. Attorney, what does our resolution -- what's the resolution before us? Alejandro Vilarello (City Attorney): No documents have been provided tome of anything. Ms. McGruder: Yes, sir. The documents were provided at the July meeting, and documents should have been provided for -- Ms. Warren: Yeah, you -- Commissioner Teele: I thought this was a resolution supporting the ordinance. Ms. Warren: The ordinance, that's all. Ms. McGruder: That's all. Ms. Warren: That's all it is. It's saying, in the spirit of community, getting along, to support the ordinance. We would never suggest that anyone on this Board, anyone on this Commission tell anybody how to vote. That's not our place, because every one of you appoints people from all areas, all thought processes, all ethnic backgrounds to the boards that you appoint people to. Miami Shores, North Miami Beach, many other municipalities have done something similar to simply support the ordinance and the population of people that live here that fall under its auspices. Mr. Vilarello: Mr. Chairman, if you'd like, I'll read the title of the resolution. It's a resolution of the Miami City Commission supporting Miami -Dade County's Hunan Rights Ordinance, Ordinance Number 98-170, which prohibits discrimination, based on sexual orientation, in housing, credit and finance, public accommodations and employment, and directs the City Clerk to transmit a copy of this resolution to the Board of County Commissioners of Miami -Dade County. Chairman Regalado: OK, so we have a motion and we have a second. Let's finish this. You know, let me say the Commission on the Status of Women is one of the most respected boards in the City of Miami. And I could have been adamant of not having this vote, but you asked for it, and you will get a vote, because you have -- you work a lot for the City of Miami, so we are going to have a vote. We have a motion and we have a second. Roll call, Madam City Clerk. The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-920 A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING MIAMI-DADE COUNTY'S HUMAN RIGHTS ORDINANCE, ORDINANCE NO. 98-170, WHICH PROHIBITS DISCRIMINATION BASED ON SEXUAL ORIENTATION IN HOUSING, CREDIT AND FINANCE, PUBLIC ACCOMODATIONS AND EMPLOYMENT; AND DIRECTS THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Johnny L. Winton Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: Chairman Tomas Regalado ABSENT: Commissioner Angel Gonzalez Chairman Regalado: OK. Thank you very much. Ms. Warren: Thank you, gentlemen. Commissioner Teele: I think that's so unfair for you to vote "no" in the system. You have done more -- See, the purpose -- the story is going to be that you voted against it -- Chairman Regalado: The story is going to be that Commissioner Regalado, you know, that Commissioner Regalado voted "no," and there will be an editorial in the Herald. But you know what? I don't know how the people in my district think. And I cannot represent 100 percent of my district without knowing how they feel about this. So I will be taking a lot of heat for this vote. But that's OK, because we are here to make decisions. If we don't want the heat, we just get out of the kitchen. I am -- and I am willing to take the heat. Ms. McGruder: We would like to thank the Commissioners for their vote. And Commissioner Regalado and Commissioner Teele, I think we will come back with the suggestion that you made to have the City Manager to take a look at those issues within various City departments. Thank you very much. Commissioner Teele: Thank you all very much. 7. AMEND INTER -LOCAL AGREEMENT BETWEEN CITY AND OMNI COMMUNITY REDEVELOPMENT AGENCY BY ADDING $2,500,000 FROM HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT GENERAL OBLIGATION BOND ISSUE AND $340,136 FROM DOWNTOWN PARK IMPACT FEES AS AVAILABLE FUNDING SOURCES FOR MARGARET PACE PARK PROJECT. Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: If you respectfully --Could I just bring up this one item -- Chairman Regalado: The CRA (Community Redevelopment Agency). Commissioner Teele: -- because we got a bunch of consultants that are being paid by the hour, and they're getting -- Chairman Regalado: Absolutely. I am sorry. I thought that -- Yes, we do have a CRA meeting, so the City Commission is in recess. We will have the CRA Board meeting, Chairman Arthur Teele presiding. Commissioner Teele: Mr. Chairman, if we could -- Chairman Regalado: You are the Chairman now. Commissioner Teele: No. If we could -- before we recess, if we could take up one item as a City Commission. Chairman Regalado: OK. Commissioner Teele: And that is the interlocal agreement, which is the interlocal agreement by the City and the CRA, and I would move the resolution, with attachments, amending the interlocal agreement between the City and the Omni Redevelopment Authority, by adding two point five from Homeland Security GO (General Obligation), and the three forty from the downtown park impact fees, as available funding sources for Margaret Pace Park. So moved. Vice Chairman Winton: 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 for its adoption: RESOLUTION NO. 02-921 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE INTER -LOCAL AGREEMENT BETWEEN THE CITY OF MIAMI AND THE OMNI COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI BY ADDING $2,500,000 FROM THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT GENERAL OBLIGATION BOND ISSUE AND $340,136 FROM THE DOWNTOWN PARK IMPACT FEES AS AVAILABLE FUNDING SOURCES FOR THE MARGARET PACE PARK PROJECT. (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 Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Angel Gonzalez Commissioner Teele: All right. Mr. Chairman, just so that the record is clear, when the bond issue was done, there was identified, I believe, three or four million dollars -- four million dollars for Margaret Pace Park, and this is pursuant to that, and this is not any additional money or new money. This is the original bond allocation. Vice Chairman Winton: And this was in the first tranche identified amount. Commissioner Teele: Right. All right. Note for the Record: The City Commission recessed at 6:10 p.m. to convene the Community Redevelopment Agency meeting for Southeast Overtown/Park West and Omni Districts. MINUTES OF THE REGULAR BOARD OF DIRECTORS MEETING OF THE COMMUNITY REDEVELOPMENT AGENCY FOR SOUTHEAST OVERTOWN/PARK WEST AND OMNI DISTRICTS On the 22nd day of August 2002, the Board of Directors of the Community Redevelopment Agency for the Southeast Overtown/Park West and Omni Districts of the City of Miami met at the James L. Knight Center, Miami, Florida. The meeting was called to order at 6:11 p.m. by Chairman Arthur E. Teele, Jr., with the following Board Members found to be present: Chairman Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Board Member Angel Gonzalez Board Member Joe Sanchez ABSENT: Board Member Tomas Regalado ALSO PRESENT: Alejandro Vilarello, City Attorney, City of Miami Priscilla A. Thompson, City Clerk, City of Miami Sylvia Scheider, Assistant City Clerk, City of Miami Annette Lewis, Executive Director, CRA Frank Rollason, Assistant City Manager, City of Miami 8. AMEND INTER -LOCAL AGREEMENT BETWEEN CITY AND OMNI COMMUNITY REDEVELOPMENT AGENCY BY ADDING $2,500,000 FROM HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT GENERAL OBLIGATION BOND ISSUE AND $340,136 FROM DOWNTOWN PARK IMPACT FEES AS AVAILABLE FUNDING SOURCES FOR MARGARET PACE PARK PROJECT. AMEND PHASE IB BUDGET FOR MARGARET PACE PARK PROJECT BY ALLOCATING FUNDS FROM PHASE 2, $30,157, FOR ALTERNATES A AND B FOR DESIGN SERVICE MODIFICATIONS RESULTING FROM EXPEDITING OF PROJECT. Commissioner Teele: With that, Mr. Chairman, we are going to recess the City meeting. We're going to hear, very briefly, from the Director, Ms. Lewis, and the staff on an update of where we are on Margaret Pace Park. And then we have two resolutions. These are more technical. This is to adopt the resolution that the City did, and to provide the additional funding for the acceleration of the park, in the amount of $30,157, so, with that, Ms. Lewis, welcome and it's good to see you. Thank you. Annette Lewis (Executive Director, CRA): Thank you, sir. H. J. Ross, they're actually putting up the equipment to do a presentation. Hopefully, it's not too long. Vice Chairman Winton: Could I ask a question about the acceleration? We voted at a CRA (Community Redevelopment Agency) board meeting a few months ago -- I don't remember how many -- Ms. Lewis: In May, sir. Vice Chairman Winton: For an additional $100,000 to speed this up to get it to Labor Day opening. Ms. Lewis: That's correct, sir. Vice Chairman Winton: Now, that didn't work because we had all the rain days. Ms. Lewis: We had (INAUDIBLE). Vice Chairman Winton: Does that mean we didn't spend the $100,000 because we couldn't do it? Ms. Lewis: Mr. Calas. Board Member Sanchez: He's going to be kind enough to give it back. Chairman Teele: Mr. Chairman -- Commissioner Winton, let me clarify one thing. What we voted on was -- and that resolution is contained in here. Why don't you help me by finding it. It's up to $100,000 -- Vice Chairman Winton: Well, wait -- that's true. Chairman Teele: It was up to one hundred thousand dollars ($100,000). Vice Chairman Winton: Up to, yeah. Up to. Ms. Lewis: Actually, sir, we had done 90,000 -- 40,000 for phase IA and -- I'm sorry. Let me actually get too it, before I misspeak. Correct, it was 40,000 for the phase IB itself, and an additional 50,000 for the bathrooms, which was alternate "B", which was originally scheduled to be in phase II. Chairman Teele: Yeah, but that's not sort of the question. What is the acceleration amount of this project? Ms. Lewis: Ninety thousand, sir. Chairman Teele: OK. That's the acceleration? Ms. Lewis: That's correct. Vice Chairman Winton: And it was for those two things? Ms. Lewis: That's correct, sir. Vice Chairman Winton: OK. And, so -- well, the bathrooms, that was a new item, so that would be gone. And the 40,000 to speed the process up? Ms. Lewis: Correct. Vice Chairman Winton: Is that gone, even though we didn't do anything to -- Cesar Calas: Commissioner Teele, basically, what it is is, if -- they had a deadline to finish up in late October. So you would add those 25 days to October to November. So, we're still accelerating and finishing up at the end of September. Vice Chairman Winton: I get it. Board Member Sanchez: State your name for the record. Mr. Calas: Cesar Calas. Chairman Teele: All right. Mr. Calas, you want to just make your presentation? And thank you very much for being here. Mr. Calas: My pleasure, sir. Vice Chairman Winton: Can y' all turn that bright light out? Yeah. Can we get a -- can you turn that bright light out, and can we get a pizza? Chairman Teele: The communications people are going to have to -- can you all work on that? OK. Go right ahead, Mr. Calas. Mr. Calas: Good evening, Commissioners. First of all, we'd like to give you a little overview from when we started last year in Margaret Pace Park. That was ground zero. And, basically, here you have your master plan right here, which I'll talk about a little later, and some of the things that are going up, like the main entrance of the park, the children's playground, and basketball courts. The phase I of the park was basically all the infrastructure; putting drainage, grating, doing the land -- changing some of the landscaping around, you know, transplanting trees, doing the (INAUDIBLE), and grating of the whole park, and putting some utilities, in like water and sewer for the bathrooms, and so on and so forth. Basically, this is how it looks. The park looked like this when we started in June last year. And, you know, we -- we gave the contractor notice to proceed, and then we went right ahead and start construction. As you could see, in June, there was already a -- it's a trailer -- a tractor trailer --- Vice Chairman Winton: You've got the right light. No, no. Turn -- you had it off just before. That's it. Thank you. Chairman Teele: Just through this. Go ahead. Vice Chairman Winton: Go ahead. Mr. Calas: OK. This is some of the starting work in the park. You see they start putting the fence up, and starting to do some of the work there. Basically, you know, again, this is some of the entrances of the park, and some of the accesses that were put in for the park. Here you see some of the drainage being put in. This here, in particular, in the right one, is the -- all fall into the bay, and that gives all the infrastructure to be able to drain the park and keep it dry and send it out to Biscayne Bay. Here is how the shoreline -- this is on the north side of the park, and this is how it looks, right where the inlet is, where all the trash accumulated there, rocks and everything. This is just as it started. Again, it gives us the same area. As you can see, there's no flushing there, so all the debris accumulates there, because of the water -- the stagnant water there. Now, this is-- when we started, this is at the end of the park. And, if you will, if you look at this picture, it's right about this end of the park, right here, on the north side -- northeast corner of the park. So this is showing you that area, how it got done, was (INAUDIBLE) to prevent the debris from coming up and keeping as much in the water, as possible. Here, again, is in the north side, showing you some of the additional riffraff. You see, it was all clean. All the vegetation that was inclusive there was taken off, and it was all cleared up. And you see some of the additional riffraff back there that is being put into that area. Again, this is the plant there, showing you how it was cleared, and -- how we kept just the trees that we wanted in the park there. Here is the area at Biscayne Bay. It is -- we cleared -- we took most of the trash out there, before we started putting sand, because this area did not have riffraff. This had sand in there. As you could see, that's the installation of the sand on the east side of the park, right at the bay. And this is the finished product, where it goes right to the waterline. Now, this is a view from across the inlet through the park -- on the north side of the park, so you could see all of the riffraff being put in there, and that's all finished up and really nicely done there. Then they started the grating of the park to get it to the right elevation, and this is part of the grating. Here, it continues the grating. And, finally, the whole grating was finished right there. Ms. Lewis: And, sir, if you pay attention, we have the timelines on the bottom as to the start and finish date. Mr. Calas: Right down on the bottom. See, this was October of 2001. That's when the -- this project was completed, one -- phase IA. And there is a time lapse of -- from October of 2001, which was when we opened bids for phase IB. And when we actually started, which was in April 2002, that time was taken to not only accept bids, put the contract together for phase IB, go into contract negotiations. We went into the class 11 permit with the City, and plans processing, and we actually acquired a permit from the City on March 27th of 2002. Phase IB included all the amenities, like the basketball courts of the north -- northwest end of the site, being north that way. We have the cricket and the soccer field. We had the centerpiece of the park, the -- and then we had some additional, the children's playground. We had some volleyball courts and tennis courts. And this picture was taken in May 2002, about a month after. And you can see right here, there is already showing work there with the paths for the tennis courts. You can see some of the sidewalks in the centerpiece being done there. This is taking you to July this year, and you can see the differences. Almost, the actual -- the same angle. It's a little different, but you see all the paths, all the lightings in there, the volleyball courts, the centerpiece is in, the playground. You can see all the sidewalks taking shape, and the path for the basketball courts in there. Unidentified speaker: That's a good park (INAUDIBLE). Mr. Calas: Thank you. The basketball court right there. Now, this is a different view, again from May, and I just -- I'm doing this for a contrast, to show you how it advanced. And you can see, there was some sidewalks, and the path, we saw on the other one -- in the other one there. And you could see the -- all the light poles and the sidewalks. You see these -- this (INAUDIBLE) course right here, going around, and you can see how the development is going up. Now, we're going to go and show you some other features. These are right -- as of August this year. You're looking at about three or four days ago. And you see the tennis courts all paved. You could see this -- these are the volleyball courts, the children's playground, the centerpiece -- the entrance to the park right there, as it goes right to the bay. You could see the basketball courts right up there, which are (INAUDIBLE) ready. So, you could see that the park is way, way along. And you see all the (INAUDIBLE) is almost finished. And there's some pieces missing, like here. The bathrooms are right there. The building for the mechanical room is there. So, it's pretty much advanced as of right here. Here is some -- this is the main entrance. It's -- as you can see, all the light poles are there. This feature, it's telling you how to get in, and how to go -- if you go right through there, you go right into the bay. Right here, you see another angle. This is the mechanical room in here. And here is the basketball courts. As you could see, it's all paved, and it has the -- actually, the basket right there on already, ready to be completed. All you need is to pave the markings and the hoops in there to be finished. This is another angle that gives you a little, you know, aerial view of the entrance. As you could see, that's the main entrance to the park. Here is the mechanical room, and right back here is the bathrooms there. This is the children's playground, which is right towards the middle of the park. As you could see, all the features are there. The slide is there with a mat, which allows children to go down and not get hurt. This is a special rubberized mat, which is a feature that was put into the design of the park. The sidewalks are pink, as they were designed. They have the color as you could see there. Also, this is the main entrance of the park, going all the way to the bay, and this is widened in here because you have benches and water fountains there to be put in. All these items are in there -- in the park already to be installed. This is a collage that we put together in the computer, showing you some of the features there. This is the playground, again, the entrance. The bathrooms, as you can see, all the dimensions of bathroom there. You could see the mechanical room, and how the basketball court back here is taking shape. And this is going to be the cricket area, and the two children's soccer area there. Again, I'm going to go very quickly on this. If you have any questions, let me know. This is showing the volleyball courts right here, and this is the south entrance to the park, adjacent to the women's club. Here, you see a view of the tennis courts, with the little canopy, and there is the fence already up. You see the lighting, and these are, again, the volleyball courts. This gives you an aerial view of the site, where the volleyball courts are. Right here is the tennis courts. Again, this is the south entrance, and this are right here is going to have some steps to go into the basketball courts, which are right here, and you could see all the lighting there. Again, this is the (INAUDIBLE) course. You see it's widened up there. It's about nine feet wide to be -- allow the people to run. This will be leveled off in grass so that it looks nice. It should be done, like I said, by the end of September. Again, this is the area of the volleyball courts. And this is the end of the park, northwest end of the park, where it turns into the Fingerhut property. And we've already done all that. It's jut ready to be connected to the Fingerhut property, whenever available. And this is the end of the north of the park, where it says (INAUDIBLE) course is there. This is the master plan that you approved, and the -- actually, what it does, it has four tennis courts, and the phase - - that would be in the phase II of the park. Phase I only covers two tennis courts and two volleyball courts. You'll have all the -- when we finish in September, you'll have both children's soccer fields, you'll have crickets -- Chairman Teele: Excuse me. Mr. Calas: Yes, sir. Chairman Teele: Don't get us confused, now. Mr. Calas: No, sir. Chairman Teele: Phase IB, which would be completed when, September -- by September 30th? Mr. Calas: By September 30th, sir. Chairman Teele: Does that have the four tennis courts in it? Mr. Calas: No, sir. It only has two tennis courts and two volleyball courts. Ms. Lewis: But we have included the lighting for the four courts, as planned. Chairman Teele: The lighting is included? Mr. Calas: The lighting is included, yes. Chairman Teele: OK. Mr. Calas: So, basically, you know, you see that your centerpiece will be in, and all the vita courts course will be in, too, including the basketball courts. And that concludes our presentation, Ms. Lewis. Vice Chairman Winton: IB finished, again, when? November? October? Mr. Calas: No, sir. It will be finished by the end of September. Vice Chairman Winton: End of September. Mr. Calas: Yes, sir. Chairman Teele: It would have been completed by Labor Day, but for the rain -- Vice Chairman Winton: But, for the rain, right. Chairman Teele: -- rain delays. Ms. Lewis: Right, sir, the 25 rain days. Chairman Teele: OK. Mr. Calas: Any other questions I can answer? Chairman Teele: Further questions? Commissioner Winton, I want to -- because the record is not, again, fully complete in that. This project was a list of projects -- where's the Parks Director? Because somehow, you know, when you try to do -- no good deed goes unpunished. When the County bond issue, the -- Vice Chairman Winton: Neighborhoods. Chairman Teele: -- Safe Neighborhoods came down, this project was in it for what, $400,000? Albert Ruder (Director of Parks and Recreation): I think it was 300,000. Chairman Teele: Three hundred thousand dollars. How much was Dallas in it for? Dallas -- that Dallas park, the one -- Mr. Ruder: Lummus Park? Chairman Teele: Lummus, Lummus. Mr. Ruder: Lummus Park is split into two different projects, half a million for the park itself, and a million for the shoreline. There's a million and a half total, split into two different proj ects. Chairman Teele: And what happened was, when those projects were among other projects, we sat down with the Parks Director -- this is three years ago. You were probably the Manager then -- and agreed that this project, Johnny, was important to the redevelopment of the Omni, more so than anything else we could do. So we, basically -- and this is why the interlocal agreement -- this is not a CRA park. It is not a CRA project, OK. We took the project over from the City to expedite it, not because we want to dilly in the park business, but that we're in the development business. And we felt then, and we feel even more so now, that this park will do more to drive redevelopment TIF (Tax Increment Fund) of the Omni than anything that we could do. And so, in that regard -- and I don't know if you've got it in the background -- we voted to spend the two million dollars or the one point five million dollars that we had. Ms. Lewis: That's actually 1.2, sir. Chairman Teele: One point two million dollars for this park. Dick Judy, then, came along and said, "Rescind that memo," which was the smartest thing we did, resolution, and we loaned the money to the park. In other words, the one point two million dollars -- this is four years ago -- that was earmarked for this project, turned from a grant to a loan. And from there we went forward and entered into the interlocal agreement. Now -- I mean, I will say this for the record: Dallas Park -- what is that thing called? Lummus Park. Mr. Ruder: Lummus -- Lummus Park. Chairman Teele: Have you all broke ground on that, yet? Mr. Ruder: We've done different aspects of it, yes. Chairman Teele: Have you broke ground on it? Mr. Ruder: No. Chairman Teele: So, this project will be completed before Lummus Park gets started, Johnny. And I'm just saying, you know, we take a lot of the criticism, in terms of why is it taking so long, but the fact is, we've stepped up. Now, subsequent to the loan being awarded, the bond issue came forth, and this project was an earmark project in the bond issue, which meant that the loan could be repaid. We were loaned it without collateral. In other words, the City said, "We'll take the money, but we have no ability to pay you back." So, once the bond issue came along, the CRA now stands into getting its money back. In addition, there was a fine grant, and several other entities have put in money. Fully built out, this project could be as much as four million dollars ($4,000,000), if you go to phase II, to phase III. And, you know, there's a lot of controversy about whether or not you want a boardwalk or a catwalk out, and all of that stuff, but that's neither here nor there. The fact of the matter is, is that the CRA used its own resources to advance this project, and it was a right decision and it's still the right decision. And, hopefully, the project will be repaid now by the City -- Vice Chairman Winton: By the bonds. Chairman Teele: -- when it's completed. By the bond issue. Therefore, this project -- and I think the Manager and the Parks Director and Mr. Ruder -- this project, when completed, will be -- is Ruder or Mr. Ruder -- Frank Rollason, yeah. This project will be the first major project completed by the bond issue, major project. And one of the things that's sort of disconnected is that, while the CRA is driving the train, we're merely an agent for the City, in this regard. And I would ask that the City would take this project, from this point on, under advisement, in the coordination, in the celebration, et cetera. This should be about the bond issue and bond money being -- coming back into revenue stream, because, you know, we really are behind on this thing, in my way, but I don't want to get into that. And, so, one of the important issues that I wanted to raise to Commissioner Winton and to the Manager was that, as we look toward completing this project, we really should make this a major City project, as well as working with the CRA. Because it really does represent a milestone in the fact that this project is a City bond project. And I don't even know if we've got the right plaques up there, you know. Once we put it in, you know, we're still carrying it as the CRA, but it should be a bond project. Vice Chairman Winton: With plaques. Board Member Sanchez: (INAUDIBLE) Chairman Teele: With plaques. Vice Chairman Winton: That's a good idea. Chairman Teele: And with all of that and all of that. So, I wanted to get that over to Rollason and everybody, because I really do think we have to work on that. So, with that, are there any other questions -- I'm sorry, Frank. Yes, go ahead. Frank Rollason (Assistant City Manager): Frank Rollason. We have an item coming before you today on the appropriation of the balance of the money for the park, to do just that, and -- Chairman Teele: Yeah. But I think you all need to take control of the project -- Mr. Rollason: I agree. Chairman Teele: -- in the sense that this should be a citywide kind of thing -- Vice Chairman Winton: A celebration. Chairman Teele: A celebration, because it's a major project. Mr. Rollason: Right, we agree. That's not an issue. Chairman Teele: And it's a beautiful project. Mr. Rollason: It's looking great. Chairman Teele: Commissioner is there a motion on -- Board Member Sanchez: So moved. Chairman Teele: -- on item two? Is the resolution -- Board Member Sanchez: We just voted on it already. Chairman Teele: That's the one we just voted on, on the City side. Moved by Commissioner Sanchez -- Board Member Sanchez. Vice Chairman Winton: Second. Chairman Teele: Second by Board Member Winton. Is there objection? All in favor say "aye." The Board Members (Collectively): Aye. The following resolution was introduced by Board Member Sanchez, who moved for its adoption: RESOLUTION NO. OMNI/CRA 02-69 A RESOLUTION OF BOARD OF DIRECTORS OF THE OMNI COMMUNITY REDEVELOPMENT AGENCY (CRA) AMENDING THE INTER -LOCAL AGREEMENT BETWEEN THE CITY OF MIAMI AND OMNI COMMUNITY REDEVELOPMENT AGENCY BY ADDING $2,500,000 FROM THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT GENERAL OBLIGATION BOND ISSUE AND $340,136 FROM THE DOWNTOWN PARK IMPACT FEES AS AVAILABLE FUNDING SOURCES FOR THE MARGARET PACE PARK PROJECT. (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 Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Board Member Angel Gonzalez Board Member Joe Sanchez NAYS: None ABSENT: Board Member Tomas Regalado Chairman Teele: And then resolution three is allocating the funds from phase II, in the amount of 30,157 -- Vice Chairman Winton: So moved. Chairman Teele: Moved by Commissioner -- Board Member Sanchez: Second. Chairman Teele: -- Winton, second by Commissioner Sanchez. Is there objection? All those in favor, say "aye." The Board Members (Collectively): Aye. Chairman Teele: All opposed, no? The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. OMNI/CRA 02-70 A RESOLUTION OF BOARD OF DIRECTORS OF THE OMNI COMMUNITY REDEVELOPMENT AGENCY (CRA) AMENDING THE PHASE IB BUDGET FOR THE MARGARET PACE PARK PROJECT BY ALLOCATING FUNDS FROM PHASE 2 IN THE AMOUNT OF $30,157 FOR ALTERNATES A AND B FOR DESIGN SERVICE MODIFICATIONS RESULTING FROM THE EXPEDITING OF THE PROJECT AS AUTHORIZED BY CRA OMNI RESOLUTION 02-40. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Board Member Angel Gonzalez Board Member Joe Sanchez NAYS: None ABSENT: Board Member Tomas Regalado Chairman Teele: Is there any other matter? Ms. Lewis: No, sir. Chairman Teele: Thank you very much. Is there any other matter to come before the CRA? If not, the CRA meeting is adjourned. Board Member Sanchez: Move to adjourn. Vice Chairman Winton: Second. Chairman Teele: Thank you all. Vice Chairman Winton: All in favor "aye." Board Member Sanchez: So moved. The Board Members (Collectively): Aye. The following motion was introduced by Board Member Sanchez, who moved for its adoption: OMNI/CRA MOTION NO. 02-71 SEOPW/CRA MOTION NO. 02-145 A MOTION TO ADJOURN TODAY'S COMMUNITY REDEVELOPMENT AGENCY (CRA) MEETING. (Here follows body of motion, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Winton, the motion was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Board Member Angel Gonzalez Board Member Joe Sanchez NAYS: None. ABSENT: Board Member Tomas Regalado Chairman Teele: Thank you. Good job. Vice Chairman Winton: Yeah. There being no further business to come before the Community Redevelopment Agency for the Southeast Overtown/Park West and Omni District, the meeting was adjourned at 6:33 p.m. ARTHUR E. TEELE, JR. Chairman ATTEST: PRISCILLA A. THOMPSON City Clerk SYLVIA S. SCHEIDER Assistant City Clerk Note for the Record: The regular meeting of the City Commission reconvened at 6:33 p.m. 9. CHANGE LOCATION OF SEPTEMBER 26, 2002 CITY COMMISSION MEETING TO LYRIC THEATER LOCATED AT 819 N.W. 2 AVENUE. Commissioner Teele: Mr. Vice Chairman, what would you like to do now? Vice Chairman Winton: Pick up the next -- would you like to do the budget? Commissioner Teele: Let's do the budget. Vice Chairman Winton: Let's do the budget. Well, the Chairman is gone, so I'm, I'm Chairman. OK. Could we --? Commissioner Sanchez: Let's take a couple of items quick. Vice Chairman Winton: Fellow Commissioners, could we take a budget? Would you all like to do that. OK, so moved. Commissioner Sanchez: You're the boss. Commissioner Teele: Well, you (UNINTELLIGIBLE) items, Mr. Chairman, `cause we don't have a Manager either. Vice Chairman Winton: Oh. We don't have anybody, do we? There comes the Manager. Pick up the budget before midnight. Kind of a novel approach. Commissioner Teele: (UNINTELLIGIBLE) just find out (UNINTELLIGIBLE) -- Vice Chairman Winton: Huh? Commissioner Teele: How much money (UNINTELLIGIBLE). Vice Chairman Winton: Yeah. Budget, you know, I don't know, budget. Budget. Could be like an auction. OK. Mr. Manager? Would you like to present the budget? Carlos Gimenez (City Manager): Yeah, I'd like to do that. Chairman Winton: All yours. Mr. Gimenez: Yes. Well, we will set up a power point presentation that you can follow through. Vice Chairman Winton: OK. Chairman Regalado: OK, we have a budget workshop and I -- we need to decide -- I don't think that the Chambers of the City Hall will be ready for the second meeting in September. Is that correct, Mr. Manager? Mr. Gimenez: That's the information that I have right now. There's a lot of work going there and I would really doubt that it will ready by the second of week of September. Chairman Regalado: Right, and besides, I think that you directed to do additional work, so -- Mr. Gimenez: We want to go ahead and complete the dais, and everything else just -- added additional dollars to the project so that we get it all done at one time, and do it right, you know, from the get -go. Chairman Regalado: So, my -- the reason I'm saying this is because I need to add -- ask a question to the members of the Commission. Do you want to have the second meeting of September in -- we have the September 11 at the Manuel Artime. Do you want to do it in the Overtown area, we have the theater available. Commissioner Sanchez: The Lyric? Chairman Regalado: The Lyric. We have had meetings at the Lyric, and it's a very nice -- it has a very good sound system, and it has a not too wide -- but we can -- I think we can accommodate the City Manager and the City Attorney and the City Clerk and the members of the Commission. Commissioner Sanchez: The Lyric it is. Commissioner Teele: So move, Mr. Chairman. Commissioner Sanchez: Second. Chairman Regalado: OK. There's a motion to call the second meeting in September in the Lyric Theater in Overtown, and a second. All in favor, say "Aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 02-922 A RESOLUTION OF THE MIAMI CITY COMMISSION CHANGING THE LOCATION OF THE REGULAR CITY COMMISSION MEETING, CURRENTLY SCHEDULED FOR THURSDAY, SEPTEMBER 26, 2002, COMMENCING AT 9 A.M., TO THE LYRIC THEATER LOCATED AT 819 N.W. 2 AVENUE, MIAMI, FLORIDA. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Chairman Regalado: So we know -- we're aware so we can -- and this is September 28 -- is it September 28? Priscilla A. Thompson (City Clerk): 26th. Chairman Regalado: Sept -- the 27. Ms. Thompson: 26th. Chairman Regalado: 26th? A Thursday. I guess that we need to talk to them to start the process of making arrangements for the meeting there, and of - and of course -- is this meeting live or, or taped? Mr. Gimenez: This is Memorex. Chairman Regalado: Ah? Mr. Gimenez: It's not live; it's Memorex. Chairman Regalado: It is Memorex. OK. Why don't -- the - the September 11 budget will be live, right? (UNINTELLIGIBLE) -- Mr. Gimenez: It is for now, Manuel Airtime, yes, it's -- it's live, that's a live meeting, that -- they have live capabilities there, and they have -- do we have live capabilities at -- at Lyric also? Chairman Regalado: No, we don't, but I was going to say that we need rent the mobile unit to go live from the Lyric because it is a - a budget hearing. Mr. Gimenez: Yes, sir. Chairman Regalado: And -- so we need to have the - the live -- to - to go live from the Lyric. Mr. Gimenez: Yes, sir. We're ready to begin whenever you are, sir. 10. APPROVE CITY'S LETTER OF INTENT, INDEMNIFICATION AND RELEASE WITH 8PM ENTERTAINMENT FOR NEW YEAR'S EVE MEGA CONCERT. Chairman Regalado: OK. If you all would -- the mega concerts, it will only take uh, two or three minutes, because -- Vice Chairman Winton: We don't do anything today. Chairman Regalado: Yes, yes, yes, yes. Because it's only the letter of intent, that the - that the City Attorney, that the Commission directed and that the City Attorney -- sent to them, and -- Christina. Note for the Record: Experienced technical difficulties, which resulted in numerous "unintelligible" parentheticals. Christina Abrams (Director, Conferences, Conventions, Public Facilities): Thank you. Christina Abrams, director of Public Facilities. At the request of the City Commission, the City Attorney drafted a letter of intent indemnification and release, with 8PM Entertainment to present the New Year's Eve mega concert in 2002. The letter of intent and the (UNINTELLIGIBLE) agrees to indemnify (UNINTELLIGIBLE), the City of Miami, maintain special (UNINTELLIGIBLE) insurance policy, on or before October 25, 2002, present a detailed business plan with the City, which we will have up to ten days to review and either accept or demand (UNINTELLIGIBLE) covenants not to sue (UNINTELLIGIBLE) the City (UNINTELLIGIBLE) lawsuit, and (UNINTELLIGIBLE) to comply with the letter of intent that (UNINTELLIGIBLE) agreed will result in the termination in the agreement. Commissioner Teele: So move, Mr. Chairman. Chairman Regalado: OK. 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 for its adoption: MOTION NO. 02-923 A MOTION APPROVING THE CITY OF MIAMI'S LETTER OF INTENT, INDEMNIFICATION AND RELEASE WITH 8PM ENTERTAINMENT FOR THE NEW YEAR'S EVE MEGA CONCERT. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Chairman Regalado: Mr. Manager. Commissioner Teele: Go forth and do good. Mr. Gimenez: Yes, sir. Chairman Regalado: So the next report will be when? Raisa Pittaluga: October 25 or before, but the deadline is October 25. Chairman Regalado: We should have it before, if possible. I mean, your update on different things that you're trying to accomplish in terms of a sponsors and so -- Ms. Pittaluga: Yes, we'll be, be -- we'll be updating with the special events committee, everything that's going on and then -- if we have it before October 25, that's fine, or the deadline will be October 25, which is the 90 days. Chairman Regalado: OK, thank you. Ms. Pittaluga: Thank you. Priscilla A. Thompson: I'm sorry, Chairman, we need -- we need a name for the record please. Ms. Pittaluga: Yes. Raisa Pittaluga, 8PM Entertainment Consultants, 1271 S.W. 131 Place Circle West, Miami, Florida. Chairman Regalado: OK, thank you. 11. DIRECT MANAGER TO PROVIDE THAT BUDGET FOR EACH COMMISSIONER NOT ROLL OVER INTO FOLLOWING FISCAL YEAR; STIPULATE THAT EACH COMMISSIONER WILL BE GRANTED ADDITIONAL 30 DAYS AFTER END OF FISCAL YEAR TO EXPEND SURPLUS FUNDS FOR VALID COMMUNITY PROJECT OR ACTIVITY. DIRECT MANAGER TO PROVIDE DETAIL OF NUMBER OF CITY EMPLOYEES THAT HAVE WORKED FOR MINIMUM OF ONE YEAR, WITH WEEKLY SCHEDULE OF MORE THAN 24 HOURS, BUT LESS THAN 40 HOURS, AND TO INCLUDE BUDGET IMPLICATION OF CHANGING THESE EMPLOYEES TO FULL TIME POSITIONS WITH BENEFITS. Chairman Regalado: OK, budget. Carlos Gimenez (City Manager): Yes, sir. The basis of a preliminary budget was to align the allocation of available funding to priorities as established during the workshop -- Chairman Regalado: Do you want the lights dimmed or -- Mr. Gimenez: Depends on the production here. Can I get those lights dimmed just a bit? Chairman Regalado: OK. It doesn't make sense (UNINTELLIGIBLE) that on the -- Vice Chairman Winton: No. (UNINTELLIGIBLE) lights. Mr. Gimenez: The upstairs lights. Is there somebody we can dim a couple of these? Chairman Regalado: Oh, well. Mr. Gimenez: There you go. Vice Chairman Winton: There you go. Progress. Mr. Gimenez: There you go. Chairman Regalado: OK. Mr. Gimenez: As I was saying with the -- we wanted to align the allocation of the available funding based on the priorities that were established during the budget workshop that we held in April 16 and July of this year. The priorities that were established were: the implementation of the voter -approved bond projects; the implementation of the cleanup Miami campaign. We needed to address infrastructure needs, address neighborhood needs, we needed to achieve better short-term and long range forecasting and planning models. The implementation of voter - approved bond projects in this budget -- there is the formation of a Capital Improvement Program Team. We consolidate personnel through the Department of Public Works, and through the central office and also personnel from other departments, in addition to establishing five new positions in this fiscal year to lead the Capital Improvement Team, to provide focus to the bond projects and all CIP (Capital Improvement Projects) related items. We believe the cleanup Miami campaign during the year, this particular budget continues at that initiative. We transferred staff from there so as to consolidate cleanup efforts into a single department. We added new personnel with the Department of Solid Waste to augment the people that they had, plus with the addition and the quickening of the pace for the implementation of the one -arm bandit program, that should be completed by May. The entire City should be under that particular program in May. We will end up with an additional 30, 40, workers that will also be added to cleanup Miami campaign to do additional cleaning. Addressing infrastructure needs, the infrastructural assessment is to be completed in the first quarter of fiscal year 203 [SIC]. We are appropriating -- recurring Local Option Gas tax revenues to capital is approximately $7,000,000 annually, to add to infrastructure needs and streets and drainage and curbs, et cetera. This particular item was still up in the air, because of the uncertainty as to our communications telecom tax. Further neighborhood needs to be addressed during preparation of the City's five- year Capital Improvement Plan. We're addressing neighborhood needs. We're establishing customer service request system. We have money in the budget to centralize service requests into one unified system. There is software and hardware that's needed for that. There's money in this budget for that. That will provide a new way to manage the City in terms of holding directors, and holding line people directly accountable to what they have to do on a daily basis. Like I said before, part of the problem that we have, is that we don't have in the information, and we don't have the systems in place to make sure that our workers are doing exactly what it is that they should be doing; also, we're establishing the City, Citistat office, which is five people that will be establishing performance standards, will be analyzing the data that comes from the customer service request system, and then we'll see whether the department and the line units are actually complying with the performance standards and holding them accountable. I think this is a giant step forward in trying to increase efficiency and getting more bang for your buck in the City of Miami. Achieving both short-term and long term forecast and the planning models, the last IT (Information Technology) strategic analysis conducted in fiscal year 2001, highly recommended a move to what's called an enterprise resource planning system. This is a very expensive system. We have allocated $9,000,000 of funding to put this system in place, and the reason we're doing it this year is that we have been notified by our financing system and those systems that are on the mainframe, they will no longer be supported after two years, so have to gravitate to something like this in the next two years. We put the money in this year to be able to accomplish that. Budgeting guidelines were established by myself through the departments. The departments were directed to develop goals and objectives, consistent with priorities. Once we have the CSR system next year, this is a vital exercise that needs to hold the departments and the department directors accountable to, to actually carrying out the goals and objectives, and you have a better information system to make sure that those goals and objectives are actually carried out. There was no increase in personnel operating budgets. As far as needs analysis and as part of the elected officials' stated priorities, current year budget compared to prior year actual expenditure levels for establishing the base line budget amount. The budget process continued prepared revenue forecast with input from the departments and refined with staff from the Mayor's Office. We held budget workshops with department directors, staff from the budget office staff and the Mayor's Office and myself, and they held briefings with the Mayor and his staff. A proposed mileage and fees rates are as follows. We're proposing an operating mileage of 8.895, which is a one tenth reduction from last year's mileage. Debt service mileage of 1.218, has not changed. Solid Waste fee of $325, there's no change. Residential fire fee of $61, there's no change. Other taxes and fees, we are recommending that the current rates stay the same. Expenditures increases, when we look at the expenditures side the budget, we received COLA (Cost of Living Adjustment) and anniversary levels that are consistent with the union requirements. This is the year that we're going to have the biggest impact from the union contracts that we finalized in April. We had the four and a half percent in April, and two point six for this year. Next fiscal year it's a two percent in October and a two percent in April. We have increased health insurance cost; were partially absorbed by -- through an increased premiums for retirees and employee contributions. We also have increased property insurance premiums of 2.7 million, subsequent to 9/11, our insurance -- our property insurance premium was 85 percent; and our deductibles also rose, and (UNINTELLIGIBLE) analysis, and it's pretty much consistent with what's going on around the country. We had increased Worker's Compensation cost of 1.3 million dollars. In terms of service enhancements, we added six positions in GSA (General Service Administration), we increased the staffing for a second shift to maintain heavy equipment, such as the one armed bandit and public works trucks, et cetera. That way those folks would have properly maintained equipment to do their jobs in the streets. We added five more positions to Parks and Recreation, and we added another $300,000 to hire additional part-time people in the Parks Department. In the Police Department, you're going to see an increase of 21 officers over the T.O., the table of organization of 1,040. The reason is that this is payment really for some of those grants that we accepted in the past. Commissioner Teele: Could you repeat that, Mr. Manager? Mr. Gimenez: Do you want me to repeat that again? OK. Exactly, I don't think I can do that, but I'll try. The Police Department has got 21 more people added to their general fund from the normal TO of 1,040. That is due to the fact that we accepted grants from the Federal Government and as part of accepting those grants, we had agreed to raising our base number of police officers. This particular number in this particular problem is going to raise to a level of 1,087 and then it will drop back down to 1040. We right now, have 96 positions that we're holding until we can solve this issue with the Department of Justice, because if we add the 96 positions, we will just exacerbate the problem further into the future, and we'll have to carry those additional police officers probably until 2010. At this point, I think we got them carried `til about 2006 or 2005. We have an addition 26 people or firefighter in the Department of Fire - Rescue. Those, those positions are used to staff the two new fire -rescue units that were added in February of this year, so these enhancements include an additional five people in the Planning and Zoning, two of which are going to be dedicated solely to transportation issues. That's an area that we have not focused in the past. The City will now have two people that will be able to help the elective officials and the Mayor in the transportation issues that we have with the (UNINTELLIGIBLE), et cetera. In Public Works, there are nine vacant positions that are going to be filled, also (UNINTELLIGIBLE) -- Commissioner Teele: Excuse me, Mr. -- Mr. Gimenez: Yes, sir. Commissioner Teele: -- Manager. Why are those positions in Planning and Zoning? If they're transportation, why aren't they in Public Works? Mr. Gimenez: Well, because a lot of the issues dealing with transportation are -- is a planning function; it's not so much building a road or a system. I mean, it's not actually construction; it's actually the planning of transportation issues -- Vice Chairman Winton: And coordinating them. Mr. Gimenez: -- and coordinating them. Commissioner Teele: Mr. Manager, I would ask you to leave -- take that issue under advisement, please. Mr. Gimenez: Sure. No problem. OK, we have nine positions in Public Works that are vacant right now, that need to be filled. We also have shifted the focus of Public Works from CIP to doing the job in the street. A lot of the Public Works people that were doing the CIP work, will be part of the new CIP team. The Public Works Director now will be able to focus directly on service delivery at the street level. We combined the grants office and grants grant writers in the City, into one office, it's a total of six personnel. These are not additional people. This is just a - - we think, a better way to coordinate all the grant efforts in the City, and the, the new grants coordinator that we have is doing a terrific job, and I think he's going to do a great job in coordinating this office. We added two positions for the Auditor General, which is created by the by voters a couple of years ago in a referendum; it's part of the charter. We also have a position to be a liaison to the Arts and Entertainment Board. In terms of the budget, included in the budget is $5,000,000 contingency reserve, and on top of that, there's an anticipated surplus for fiscal year '03 of 5.2 million dollars. I want to take you through Marcelo, you want to take them through the "All Funds Summary"? Marcelo Penha (Acting Director, Management and Budget Department): Marcelo Penha, Budget Department. What you're looking here is citywide funds, which include the general funds, special revenue fund, debt service fund. There is a change from the adopted budget, approximately $43,000,000 in the package you received. There's a highlight in the difference that shows you where all those changes came in. A lot of what the Manager had talked about, which had to do with the increased employee cost and also the risk management area, including the actual area requirement, which was really anticipated in the budget for about 7.5 million dollars, which will be 18.8 million dollars roughly at -- over a 10 million dollar increase for next fiscal year. If you go to the next slide, and you look at the total position count for the City, the bottom line position count is going to go down by 104 positions. Most of that is coming from the area of special revenue fund, which has to do with the Community Development and the workforce program, and also the transfer of the Police Officers fund, special revenue fund, where they were grant -funded into the general fund that the Manager mentioned. Also, the CIP program, that's where you have the five positions that we're approving FY (Fiscal Year) `02 for the CIP office and now you have an additional 28, which is most of the transfer from Public Works. The next chart here, you'll see a five-year forecast for FY '03 to FY '07. Here, if you notice the bottom on the revenue over expenses, this is basically what's being projected as a positive fund balance for all years. One of the things you shall see as we talk about the forecast is in the outer years, there's no assumed COLA increase for employees, and also on the revenue side, when you get to 2007, that's when the City loses the parking surcharge, and that's contemplated in the plan. If we go to the next slide, we talk about a fund balance, we began FY '02 with an $87,000,000 fund balance, described as $58,000,000 undesignated and 28 in undesignated by the end of F '02 we're projecting -- we're having $95,000,000 fund balance, consisting of about $64,000,000 undesignated and 31 and a half in undesignated. If we go to the next slide, when we talk about -- Mr. Gimenez: I'm sorry, take it from here. In the assessment of future revenues, we did not put any increases in tax variations for major developments. We did load the event from Parrot Jungle, which is coming on-line, but we did not load any kind of anti -- we did not anticipate -- did not load any revenue from Flagstone, et cetera, from Watson Island. Anything at Bicentennial Park that may happen in the next five years, was not put in. FEC Corridor, Design/Club District, or Miami River, none of that that has been forecast so if we are -- (UNINTELLIGIBLE) in the next five years in these areas, that'll positive to the bottom line. The simplified telecom tax we there's breaking news on that. We had booked $28,000,000 into that telecom tax, where we actually see something (UNINTELLIGIBLE) about 35 this year. However, this -- today, Finance is telling me that, that the monthly remittance this month has dropped to a $28,000,000. If it runs at that rate, to $28,000,000, that's why when I said -- talked about the $7,000,000 in infrastructure -- additional infrastructure for streets, that's we don't know if we can actually put that in. We need to get further information from the State as to why we had that drop today. In assessing future revenue, analysis of inter -local funding agreement needs to be completed. That could provide increase to contributions from, or reduce contributions to the DOSP (Department of Off -Street Parking), MSEA (Miami Sports and Exhibition Authority), DDA (Downtown Development Authority), CRA (Community Redevelopment Agency), and Bayfront Park. Consideration of future expenses, as Marcelo said, in years three, four, and five, we did not input any cost of living adjustments in those particular years, so any cost of living adjustments that may be given in negotiations of 2004, will affect the bottom line going out. In the previous five-year forecast, we had always put in a two percent cost of living adjustment; that was something that was mandated by the State Oversight Board, and actually (UNINTELLIGIBLE) against us in negotiations. The normal maintenance expenditures are not fully accounted for. We're going to have a five-year CIP -- shifted a five- year CIP plan in the second or third quarter of this year. It will show that you have significant infrastructure needs that you don't have the funding for. Those are some things that we're going to have to work on in the next year. Considering any future expenses, long-term obligations, we have some pending litigations. The good news is that we have established a reserve account that we have used to settle a number of pending litigations. There's still money left in that reserved account; we're going to talk to the attorney, to see if it needs additional money put in that account, so that we can resolve and settle litigations before going to court. We have accrued employee benefits, at this point, we pay as we go -- that is, as people retire, we have put -- x number of dollars away so that those benefits are paid as they leave the employment, and we have actuarial pension obligations. This year's pension obligation is about $10,000,000 more than last year's. What we had done is that on normal assumption for pension for the last five years, it's been something to the effect of $7,000,000. We have increased that to $10,000,000 per year. We are going to take some of the forecasted surplus of this year to -- and $13,000,000 of the forecasted surplus of this year is going to go into a pension account, which we draw on; $8,000,000 will be drawn this year. We will have additional $5,000,000 that you draw on next year. We don't know what the -- the pension obligations are going to be for next year until after they do the actual calculations. That will be done after September 30, because that's when they take their look. Capital strategic funding issues, we have infrastructure assessment funding, we already know that we have streets and drainage that are assessed at close to $400,000,000. We don't have a handle on how to take care of that particular issue at this time. The next slide -- I'm sorry, can you show the -- we already showed the five-year plan. If you go to the five-year projections again, real quickly, you'll see that you have positive fund balances all the way through 2007, but again, you must take into consideration that there's no cost of living adjustments for fiscal year 205 [SIC], 206 [SIC], and 207 [SIC]. There's a short drop off in the positive fund balance in the 207, that's due to the parking surcharge going away in the last quarter of fiscal year 206. I'll be happy to take any questions. Chairman Regalado: Commissioner Sanchez. Commissioner Sanchez: Mr. Chairman, if one of the most important things that we do here as Commissioners is -- you know, assisting in putting together acceptable budget for the taxpayers in Miami. I do always have similar concerns every year, and I've looked at the departments and I've seen that for the first time, there is a reduction in some of the departments where there is able to maintain the amount not increasing as it used to increase in the past, in the budget (UNINTELLIGIBLE) simplified in a way where it's more comprehendible to people, but a couple of issues that are of great concern that I have to ask: one is always the long term liability. Will we cover long term liability? In order words, we're talking about lawsuits and things that can happen. We have to be in a situation where if something happened, we're comfortable, and that's where I want to ask the Administration. Do you feel comfortable with the reserves that we have (UNINTELLIGIBLE) we have set aside for long term liability? Mr. Gimenez: Well, we are in much better condition than we've ever been. I mean, as Marcelo stated at the end of this year, we will have $95,000,000 in reserves. Commissioner Sanchez: Next. Mr. Gimenez: And, and -- Commissioner Sanchez: I'm not, I'm not, I'm not questioning -- you know -- the, the outcome of the City (UNINTELLIGIBLE) financial situation. Mr. Gimenez: Um-hmm. Commissioner Sanchez: Long-term liability, if something should ever happens and we're forced in a situation where something happens that we get 10, 11 big lawsuits or whatever, do we have the money that's set aside that we feel comfortable with? Mr. Gimenez: Well, Commissioner, that's one of the things that I started to say; also we had set a reserve account for the City Attorney to dip into to go ahead and settle a lot of these lawsuits. I don't think there's a big number of lawsuits on the horizon. I think we settled a lot of them, so that's why I need to sit down -- I think he's still got about $4,000,000 in that account, so, I need to sit down with him, go through the any pending lawsuits in the next year, and see if we got enough money and then we can always add, you know, some more money to that account. Commissioner Sanchez: And the other issues -- when we comply with the financial integrity ordinance -- Mr. Gimenez: Yes, sir. Commissioner Sanchez: Now, getting back -- just -- on an issue, you know, we talked about the bonds, and I -- the good thing is that we got the bonds; that was the good news. The bad news is we got the bonds, and now the taxpayers are expecting us to go out and put together those projects that they voted for because that's how we sold the bond issuance, to put together these projects. You look at Public Works, and I see that you put together a Capital Improvement Team to try to expedite. My concern is the City of Miami in its history, I think that the largest amount of money in capital improvements that have gone out, has been in the neighborhood of about $30,000,000. Mr. Gimenez: $30,$40,000,000. Commissioner Sanchez: $30, $40,000,000. Well, you're looking now at $250,000,000 within ten years, and you're basically looking at anywhere maybe from $50 to $60,000,000 in capital improvements. My concern is, are we going to have the resources to get these projects going? In other words, are we going to deliver to make sure that these projects will be completed? Mr. Gimenez: Commissioner, the intent of the establishing a CIP (Capital Improvement Projects) team is to (UNINTELLIGIBLE) entire focus of that particular team on implementing this capital improvement projects. I cannot sit here then and tell you that what has been put into that office is going to be what is required. That's going to take the CIP Coordinator, the CIP Leader to determine how to best accomplish those tasks. It may be that you take those people that you have and then you augment that, probably, with outside program managers, et cetera, to get the work done. `Cause remember, this is not -- this team -- this cadre of people for the most part, they've just been working on the CIP that we have right now. Now we just added another $155,000,000 of work (UNINTELLIGIBLE) to them, but we did not want to be in a position to add a whole slew of team -slew of people before we had the CIP Coordinator. I think the CIP Coordinator should be someone that has experience in this issue, should be able to organize the office, and then you know, it's not a one -shoe fits all. There are some projects that are better managed outside. There are some projects that are better managed inside. One of the things about this program that we have is that some of these programs -- some of this money, it is not -- it's going to be used to purchase land, et cetera, et cetera, it's not as complicated as some other projects. Some of the money is also already started to be given out, like Margaret Pace Park, the actual work is done, so the $4,000,000 is going to be spent on work that's already been done. We're working right now on traffic circles, to get those completed, but we do have a long way to go to get the Capital Improvement Project Team and the ability of the City to get those things done in a timely manner. We have a ways to go before, before we're ready, but I think we're going to be happy. Commissioner Sanchez: Well, I think a step in the right direction is (UNINTELLIGIBLE) individuals that are -- overrun the -- those projects, but let me get to where I want to get at. I have been working the re -trafficking of 8th Street since I got here. That's four years ago. Mr. Gimenez: Uh-hum. Commissioner Sanchez: We've done the traffic studies, we've done the economical impact study, and still, I -- you know, I don't know if there's going to be another study before it goes to the MPO (Metropolitan Planning Organization) for approval. That's just one FDOT (Florida Department of Transportation) project. Mr. Gimenez: Yes, sir, and that's -- Commissioner Sanchez: OK? Mr. Gimenez: Yes, sir. Commissioner Sanchez: And it gets frustrating. Mr. Gimenez: Yes, it does. Commissioner Sanchez: So the thing that I want is because I'm going to be the one when they call -- to get the calls -- Mr. Gimenez: Um-hmm. Commissioner Sanchez: -- people calling and saying, "This project, why isn't it done?" Now, if you're saying, Mr. City Manager, and I have the utmost respect for you in the professionalism you display, that the Administration or Public Works is going to outsource these projects to expedite them -- Mr. Gimenez: Yes, sir. Commissioner Sanchez: -- and get them done, then (UNINTELLIGIBLE), I'm just asking a question, so three or four years from now, when I'm -- hopefully I'll still be around, you know, to ask those questions to make sure that we're OK. Mr. Gimenez: Mr. Commissioner, like I said, we're not married to any formula in terms of how to best do the projects. I think each individual project will have a different formula; some will go outside, some are going to go inside. Commissioner Sanchez: Yes. Mr. Gimenez: There are things here in particular, transportation project so is that (UNINTELLIGIBLE), excuse me, in the general fund, we added two positions that deal just with transportation, that we'll be able to speed along those particular studies and get those things done. Commissioner Sanchez: OK. (UNINTELLIGIBLE) the other transportation projects shouldn't take that long then to get them done -- with the new positions, but -- it's got nothing to do with you, Carlos, it's just -- Mr. Gimenez: I understand. Commissioner Sanchez: -- (UNINTELLIGIBLE) these things and the other thing is the communication service tax that you stated, you said it was $33,000,000, now it's $28,000,000. Now, we know that there may be a chance, if some of that money would have to be returned back -- Mr. Gimenez: Yes, sir. Commissioner Sanchez: -- and one of the suggestions that I have, and I don't know if it could be done and it's just under advisement to you, is, can you take some of that money and put it on a Capital Improvement Project, in case you do have to give it back, you de -obligate it -- Mr. Gimenez: Yes, sir. Commissioner Sanchez: -- can you give it back? Mr. Gimenez: Yes, sir, actually, that is our original intent when we put the $7,000,000 into streets, we had taken the gas tax that we did, and we used the bulk of it for operations. We were using the telecom tax money for the operations, and we were going to use the gas tax money for CIP; (UNINTELLIGIBLE) to the end, if it turns out that we do have to return it, we can always de -obligate that particular amount and give it back. Now, I have to say that we have -- we have set up a reserve amount from this year's budget, so that if we do have what's called a windfall provision, affecting the City, we have a pretty hefty pot of money there to give back before it's going to significantly -- before it will affect at all the budget, or before it affects the reserves of the City. Chairman Regalado: OK -- Commissioner Sanchez: Thank you. Chairman Regalado: Mr. Manager, question, I -- Mr. Gimenez: Yes, sir. Chairman Regalado: We -- you and I discussed the money for Coral Way and yesterday, we had -- an addendum with Director Abreu from DOT (Department of Transportation) and Commissioner Rebecca Sosa, and he was telling me that the City, the Planning Department, still -- and Mr. Casanova last week told him that we had not selled [sic] the bonds, that we don't have money to do the electrical -- Mr. Gimenez: We have the money in hand right now. Commissioner Teele: OK. Mr. Gimenez: The money is in the bank. Chairman Regalado: (UNINTELLIGIBLE) planning. Mr. Gimenez: Yeah. The money is in the bank, I don't know who told Mr. Abreu it's not, but the money is in the bank. We have the money to give out. Commissioner Teele: Who's Mr. Casanova? Chairman Regalado: Works in Planning. Commissioner Teele: Planning (UNINTELLIGIBLE) Public Works. Chairman Regalado: Planning. The problem is that they are finishing the Coral Way project, and Mr. Abreu told me if they don't do it in the next three weeks, they're going to close the median. They're going to close all that. The project will be done in October. It's very simple, we have to (UNINTELLIGIBLE) but -- Mr. Gimenez: (UNINTELLIGIBLE), Mr. Chairman, we'll jump right on it. We have the money and if he wants to spend it, we can spend it right away, and we have money that was -- we need to appropriate the entire one -- the 128 initially and then the -- 127 initially, and then the additional 28 that we got (UNINTELLIGIBLE) that we thought we were going to get, but we have $25,000,000 that we can forward and we have plenty of money in that pot, so I don't see a problem if Mr. Abreu needs money to finish that project -- Chairman Regalado: No -- Mr. Gimenez: -- I'll be happy to hand it to him. Chairman Regalado: He needs little money because you know, he's doing all the work and he has all the infrastructure there, but he keeps being stone -walled by the City. They keep telling him, "No, we don't have the money, and we don't have the money." Mr. Gimenez: We, we, we will contact him tomorrow and we will start expediting the money to FDOT to get this project done. Chairman Regalado: (UNINTELLIGIBLE). Mr. Gimenez: I'm sorry, sir, I didn't (UNINTELLIGIBLE), I don't know why somebody in Administration would say that. We have the money. We have $25,000,000 in advance, so we could've given him anyway, so he just needs to get to the right people. Vice Chairman Winton: Mr. Chairman. Chairman Regalado: Yes, sir. Vice Chairman Winton: Is, is this on? Unidentified Speaker: No. Vice Chairman Winton: No? Yes, no, yes. Unidentified Speaker: Now. Vice Chairman Winton: I just have to talk closer. Mr. Manager, when did you -- did we meet yesterday? Day before yesterday, whenever we met, we went over the budget, and I asked a question that I've since had additional time to think about, that is, I don't know, three months ago, two and a half months ago, three months ago, we passed here -- the Commission passed a series of resolutions on the FEC (Florida East Coast) Corridor redevelopment plan and -- Mr. Gimenez: We found the money. Vice Chairman Winton: Yeah, but what I want to ask is -- because at that time, two days ago, you -- someone else kind of fell off the plate, and I know you told me you were going to find the money, so I'm assuming that we did. Mr. Gimenez: Yes. Vice Chairman Winton: But the question is, did -- do we have any other Commission passed initiatives that we passed during the last six or nine months, that had money tied to it, and it (UNINTELLIGIBLE) that may, may have also fallen off the table accidentally, because -- and the reason I ask that, and the reason we want to look at this is because we don't want to wake up three months from now, four months from now and when one of the Commissioners is thinking he's ready to go on whatever this project may be, and we didn't get budgeted, so this is our opportunity to, to fix that if there is anything else out there like that. That'll -- Mr. Gimenez: Yes, sir, we'll look at the -- we will review the past years resolutions, et cetera, and make sure that those things are passed through are fully funded. We're going to do that. Vice Chairman Winton: Yeah. Good. Chairman Regalado: OK, then -- any more questions? Mr. Gimenez: I do have one more comment. Right now we put $250,000 toward each Commissioner's offices. We certainly have enough money to add another 25 or $50,000 to your offices, should you need additional support. If that's -- if that's something that the entire Commission maybe want to do, we could certainly make those adjustments for the first budget hearing. Vice Chairman Winton: I didn't hear all that. You said that in these numbers there's 250. Mr. Gimenez: There's 250, but we certainly have enough money, you saw the surpluses that we have in terms of next budget surplus, we can load another 25 to $50,000 per Commissioner and - Vice Chairman Winton: I went through my budget with staff today and our budget for this coming year, our need would be roughly, 275. Mr. Gimenez: OK, so if want, we can take it to 300, and that will give you a little breathing room and if that's OK with all of you, then we just do that. Commissioner Teele: If we don't use it, we can return it. Vice Chairman Winton: Yeah. If we don't -- yeah, that's right, return it, so -- Mr. Gimenez: I think that if they don't use, they -- don't they roll over? Mr. Penha: Yeah -- Mr. Gimenez: Yeah, they -- Mr. Penha: Yes, part of the chain that's coming back on -- Mr. Gimenez: Right. Mr. Penha: -- the financial (UNINTELLIGIBLE). Vice Chairman Winton: Well, I know Commissioner Regalado in the past has sent money back, so -- Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: On that point, I think it's a very -- are you suggesting that Commission's budgets are going to roll over or a series of budgets are going to roll over? Mr. Penha: The -- part of the change of financial principles is the elected officials budget will roll into the next fiscal year along with the Parks budget, which will roll into a special revenue fund for specific purposes. The IT (Information Technology) budget, and the Conference and Conventions Facilities budget, we're rolling to a special revenue fund for specific purposes. Commissioner Teele: I would object to Commission budgets rolling over. I think a much better precedent is to give liberal authorizations, say, 30 days after the end of the fiscal year, for the designation of eligible projects and activities that are approved by the Commission for the expenditure of those funds, but to roll over budgets is going to create such distortions that you'll never be able to get it right, and if somebody wants to take the balance of their budget and (UNINTELLIGIBLE) bless him and -- you know, give it to the Jewish Home or somebody else wants to give it to (UNINTELLIGIBLE) and buy a van for people, elderly and handicapped, you know -- those are the kinds of things that -- you know -- as long as the Commission approves, it's not something a Commissioner can approve individually, but -- you know -- if you give the Commission up until -- say, October 30 to make those designations, but I think, you (UNINTELLIGIBLE) distortions. In other words, when somebody else gets elected, to (UNINTELLIGIBLE), we don't own these offices. Chairman Regalado: Right. Commissioner Teele: You (UNINTELLIGIBLE)? But why does he have money and I don't, and -- Vice Chairman Winton: Nor do we own the money. Commissioner Teele: Nor do we own the money, and so, I mean, we are the budgetary, so, I think it's a much better policy that everybody starts out with the same amount each year, and the requirement, just like with the various departments. That all the money that you don't use, you return. However, I think, given the fact -- Vice Chairman Winton: (UNINTELLIGIBLE). Commissioner Teele: -- of need, rolling back to the pot. Given the kind of needs in the various communities, you know, those funds will find legitimate ways. I mean, I can tell you right now, I got a request here for a computer laptop program for the Florida A&M University of Miami football game wanting to use the Coconut Grove Convention Center, wanting a fee waiver. You know, I'm embarrassed to even ask for something like that, but if I had $5,000 or $8,000 from a budget that I can give to the Convention Center, you know, to pay for that cost, it serves both purposes, so I just think it's not a practice I would like to support, of allowing elected officials -- it sends the wrong message also; we're telling all the departments, use it or lose it, and you should not appropriate more money at the beginning of the year than you need -- Vice Chairman Winton: You move the motion, I'll second it. Commissioner Teele: Well -- Vice Chairman Winton: I'm changing that (UNINTELLIGIBLE) maybe it's not even adopted yet. Commissioner Teele: Well, it's not adopted, but I would move -- Mr. Gimenez: (UNINTELLIGIBLE) second reading? Commissioner Teele: -- I would -- Mr. Gimenez: OK, we can make the changes for the second reading, however you want. Vice Chairman Winton: OK. Chairman Regalado: Yeah, but, but we have this coming up on September 11, the ordinance, the new ordinance, which will let us do exactly what Commissioner Teele is saying. Because in the past the Commission agreed with what I proposed to transfer fund to the NET (Neighborhood Enforcement Team) office for the Police Department, but they told me that this was not supposed to be done, because it has to be rolled over, but I think it would be unfair because if I don't spend my money, I roll over and I roll over and then next year I want to hire 20 people and it would be wrong and it would be unfair, so I think that the Commission should have the possibility of doing what Commissioner Teele is saying, you know, if we have a need -- like for instance, I, Mr. Manager, I am going to ask the Commission to let me transfer some of the money that I have not spent for the museum of 2506 Brigade. Why the State of Florida, in the past session, the legislature and the Governor, they vetoed the amount that the State would give them every year, and it's either, if they got this money or they close the museum, and I think it's unfair, so I'm saying that I will be asking the City Commission for permission to use some of the money that I have not spent in this fiscal year to keep the 2506 Brigade museum up, so, you know, that's why we need this mechanism instead of the roll over. Vice Chairman Winton: So do you a motion or not? Chairman Regalado: We do need a motion to -- but the Manager said that they would change the ordinance for second reading. Commissioner Teele: Well, it's an ordinance that's coming back and what the Manager is saying is if the majority of the Commission is signifying all of their support for it, he'll make that change in the ordinance. Is that right, Mr. Manager? Vice Chairman Winton: (UNINTELLIGIBLE). Chairman Regalado: OK. Joel Maxwell (Deputy City Attorney): Say you didn't -- you didn't (UNINTELLIGIBLE) a motion, you gave a direction to the Manager. Vice Chairman Winton: So moved, again. Chairman Regalado: So we have motion and a second. All in favor, the motion, the motion is -- Commissioner Teele: The motion is that no one that the Commission (UNINTELLIGIBLE) -- Chairman Regalado: (UNINTELLIGIBLE). Commissioner Teele: -- will not roll over, however, Commissioners will be granted an additional 30 days after the end of the year to expand on any remaining funds, subject to Commission approval for valid community projects or activities. Chairman Regalado: OK, we have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Winton, who moved for its adoption: MOTION NO. 02-924 A MOTION DIRECTING THE CITY MANAGER TO PROVIDE THAT THE BUDGET FOR EACH CITY COMMISSIONER NOT ROLL OVER INTO THE FOLLOWING FISCAL YEAR; FURTHER STIPULATING THAT EACH COMMISSIONER WILL BE GRANTED AN ADDITIONAL 30 DAYS AFTER THE END OF THE FISCAL YEAR TO EXPEND SUPLUS FUNDS FOR A VALID COMMUNITY PROJECT OR ACTIVITY, SUBJECT TO COMMISSION APPROVAL. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Chairman Regalado: It passes. Commissioner Teele: Mr. Chairman, if I may (UNINTELLIGIBLE). The part that I would like to come back to regarding the elected official priority is the Parks Department and the Parks and Recreation budget. Again, I think it's extremely important that we make it the Parks Department consistent with what we have said we're going to do, and I am very interested in understanding the thing that we talked about now for four years. Is there a Union president here today? Vice Chairman Winton: Charlie is here. Commissioner Teele: Where's Charlie? Mr. Manager, I think it's really important that the Union presidents be invited in -- I mean, if there's some way we can give them their own table or something for these budget meetings, but I think we need to get back into what we said we were going to do, which is be partners with labor unions in determining budget priorities, and I didn't want to raise it (UNINTELLIGIBLE) out, but these budget meetings should include at least some table or moment for the labor representatives to come forth -- and give us their recommendations on how -- when we pass this huge wage rate, this huge COLA, one of the things that we all agreed on, and I mean, I met with everybody; I met with more labor union leaders, during that 38 hour period than I have since I've been elected to City Commission before (UNINTELLIGIBLE), you know, it came and immediately they got one, but the fact to the matter is if they committed to be a partner with us in helping to make the budget number work, and I'm really disappointed that the Police representative, if you see him, tell him what I said on the record, that I'm disappointed that he's not here, and a partner with us. Charlie Cox (President, AFCSME Local 1907): Al, you know where to find him. Commissioner Teele: Yeah. Commissioner Sanchez: I know where to find him too. Commissioner Teele: But in any event, one of the issues that I have discussed with the labor representatives is parks and lakes. We have been apartheid system in Miami in 2002 with these employees. Now, we've passed resolutions; we passed motions, and it's never going to be addressed. I would like a detail of the number of employees that are working more than 24 hours, but less than 40 hours. All -- Vice Chairman Winton: What time? Commissioner Teele: -- say again? Vice Chairman Winton: For how long a period of time? Commissioner Teele: Say, for at least within the City, for the last four, five years. Vice Chairman Winton: Yeah. (UNINTELLIGIBLE). Commissioner Teele: Say again, Commissioner. Vice Chairman Winton: One year or longer. Commissioner Teele: One year or longer. Because it's not right, it is not fair, to have employees in this City, in this -- all we're doing is denying them their health benefits. I want my mother to have her health benefits, I want my daughter, if I had one, to have hers, or a son, and I don't -- and you know, and all these people are somebody's mother, daughters, or sons, or fathers, and so, we've got to be fair with these people, and I need to understand what the fiscal implication of it is, but we need to get away from this permanent part-time of 28 and 32 and 35 hours for -- say again? -- 39 hours? I don't think we would be that stupid to be that close to the number. Vice Chairman Winton: Right. I wouldn't argue, Charlie (UNINTELLIGIBLE). Commissioner Teele: You wouldn't? Vice Chairman Winton: I would -- Commissioner Teele: (UNINTELLIGIBLE). Vice Chairman Winton: I (UNINTELLIGIBLE). Commissioner Teele: If there's 39, then it's unconscionable. Vice Chairman Winton: These facts (UNINTELLIGIBLE) -- Commissioner Teele: We should go back and get those people retroactive pay. If it's 39 hours. I mean, that's just -- that's (UNINTELLIGIBLE) to play. Nobody in this room would want to be treated that way, or want their son or daughter to be treated that way, and somewhere along the line, we've got to say, "We're going to stop this system that's going on in the City of Miami," that I keep saying is the worst I've ever seen. Vice Chairman Winton: I'll second the motion. So the motion is to -- we will not by when? Commissioner Teele: We would like it within five working days you get -- Mr. Gimenez: I think we probably have that information filled (UNINTELLIGIBLE) I know Charlie does. Commissioner Teele: But what we need is the (UNINTELLIGIBLE) implication -- Vice Chairman Winton: Yes. Mr. Gimenez: Right. Commissioner Teele: True. Vice Chairman Winton: The number of people in the budget implication for changing the policy. Commissioner Teele: `Cause it's easier to be against it. Vice Chairman Winton: Absolutely. Right. Commissioner Teele: The question is (UNINTELLIGIBLE) where is the money going to come from. Vice Chairman Winton: Right. So -- Mr. Gimenez: No, that is the question. Vice Chairman Winton: Right. Mr. Gimenez: Because once you -- the -- Vice Chairman Winton: Once we see the number, it's easier to figure out where (UNINTELLIGIBLE) -- Mr. Gimenez: Remember that once you put a person -- you know, once you put a person full time, that your cost, not only the hourly cost (UNINTELLIGIBLE) -- Vice Chairman Winton: We under -- we -- I think (UNINTELLIGIBLE) -- Mr. Gimenez: We got about 40, 45% in benefits. Commissioner Teele: Is the fringe benefit, but that's what I'm talking about. Mr. Gimenez: Yeah, absolutely, that's -- Commissioner Teele: But that's the whole essence of it. Vice Chairman Winton: Yes. We -- Commissioner Teele: I wouldn't be on the issue, Mr. Manager, if you had given those people health benefits -- if those people got health benefits, I wouldn't have an issue at all. If they had been getting health benefits. Mr. Gimenez: But Commissioner, that is exactly the point. I mean, that's the issue, so I -- we will give the numbers, and we will give you the budgetary impact on making those -- giving (UNINTELLIGIBLE) -- Commissioner Teele: But I can tell you, this -- it ain't no firefighters in that category. It ain't no police people in that category. It's -- you know, and that's just what it gets down to. It gets down to the fact that the poorest people in this community, in this City, are the ones who are in that category, and it's not about rights, it's just about the fact that the City Commission -- Chairman Regalado: They're in Parks. Commissioner Teele: They're all in the Parks Department, and the City Commission needs to address that policy decision; it's not your fault, Mr. Manager. You haven't been a Manager for the last 40 years, you know, if you were Mel Reese, I could see you getting a little -- you know, but, you know, you've just been here -- you know, and I hope you'll stay, so the fact to the matter is that that's a very important issue because we continue to (UNINTELLIGIBLE) that issue. Training, how much money are we looking at for training of our employees, and how we adopted a program that we talked about, the Julie Weatherholt program that we talked about for three years? Has that program been adopted, Mr. Manager, Mr. Director? Mr. Penha: I have to get the HR (Human Resources) Department on the training. Commissioner Teele: Well, can a City of Miami employee go to college now, and the City pay for the education or participate? Mr. Penha: I think we've raised -- I believe we raised it to -- Mr. Jones: Tuition reimbursement got raised to $1,000, I believe in -- Mr. Gimenez: Right. Commissioner Teele: To $1,000 what? Mr. Gimenez: Per year. Renee Jones: Renee Jones, Acting Director, Human Resources. Tuition reimbursement varies by bargaining units. For AFSCME, it's $600 and for managerial confidential, it's $1,000. Commissioner Teele: What about the Police and Fire? Ms. Jones: Police and Fire -- Commissioner Sanchez: A thousand? Ms. Jones: I believe it's another $1,000. Commissioner Sanchez: It's 1000. Commissioner Teele: Well, number one, I'm really sad to learn that we would make this a bargaining issue, `cause this should not be something that's bargained. This should be a management -- you know, and I know that's not going to help the unions, but this should be totally in the discretion of management as to whether or not a particular college course or technical course is for the benefit of the City, and (UNINTELLIGIBLE) -- Mr. Gimenez: There's a policy on -- there's different policy on those kinds of courses we do pay; but then there's a different policy on -- if you're trying to get some kind of a degree; that's where those particular figures come in, but it's a course that's directly attributable to your job, et cetera, we pay for those courses. Commissioner Teele: Mr. Manager, I would request -- Mr. Gimenez: Police and Fire, not AFSCME, sorry, I stand corrected. Mr. Cox: Only Police and Fire. Commissioner Teele: Only Police and Fire what? Mr. Gimenez: Police and Fire, they have a course and some of them are -- they have college courses, which are -- in Fire, which I'm familiar with, you know, Paramedics, that's a college course. That's paid for by the City. But if they go and to try to get an AA (Associate of Arts) or a BS (Bachelor of Science) in management, et cetera, that would be, you know, we endorse at the rate of $1,000 a year. Commissioner Teele: Well, again, Mr. Manager, I really wish we would look at some other cities, maybe Miami -- let's start at Miami -Dade County. Let's look just sort of do a review through the League and that the County, because I think we should invest in our employees, I really do, and I think this City has come a long way. I'm really impressed with some of the training that's going on in technology, in IT (Information Technology) Department, but I think, you know, we need to make it very clear -- because this is not something to be negotiated by the unions. This is a management decision and commitment, and finally, in that regard, I need to -- they are where we really got to be concerned in this budget is distinguishing general funds from revenues or special funds. For example, the one thing that Transportation's Department has is money for planning. There is no government agency in the United States that will spend money faster for planning than the U.S. Department of Transportation and its (UNINTELLIGIBLE) agencies. In fact, the federal government mandates that we spend three percent of the project cost for planning before you do anything, but you can't spend that money in the Fire Department as an example, the Police Department, if you want to be eligible, and it's just -- you know, you don't have to be a genius about this, you just got to sort of track the federal dollars. I believe, as a clear example, if you want to create two positions for Transportation Planning, first and foremost they should be in the Public Works Department, and second, their planning -- and remember, about 20% of all the Transportation people are not engineers, they're planners, and second of all, it opens the door for handling those positions funded through transportation dollars, and not general fund dollars, but if you start talking about -- I'm going to have a transportation person in the Fire Department, `cause you know, they run on the roads or the Police Department or the Planning Department, you're moving further and further away from getting those dollars reimbursed. There is sufficient -- there is significant transportation dollars for planning, OK, and the point is, you know, you got to talk to the right person. It's just like you said, Mr. Abreu needs to be talking to -- and I'll tell you what the disconnect is, Mr. Manager. I hope that the Public Works Director doesn't take offense. The City of Miami is the only major city in the County, that does not have a transportation presence in planning. I could only (UNINTELLIGIBLE), you know, I sat down and watched the City not get any grant money, because if you want to get transportation dollars, if you want to get MPO (Metropolitan Planning Organization) dollars, everybody around the table is a transportation guy. We walk in with the planning guy. OK, and -- Mr. Gimenez: Well, that's with the -- Commissioner Teele: And so (UNINTELLIGIBLE) -- Mr. Gimenez: -- they may be in planning, but they're transportation (UNINTELLIGIBLE). Commissioner Teele: They're transportation employees. Mr. Gimenez: They're (UNINTELLIGIBLE). Commissioner Teele: But they are part of the Public Works network. It is a very clear -- I don't mean to call it a buddy system, but you can get transportation dollars for transportation positions, as long as they are purely transportation related. The further you take them out of the Public Works, transit -- well, we don't want transit, thank God, you saw what we did with the bus benches, but if you -- the further you take them away from Transportation, the more difficult it becomes -- it's just like cops program, the cops program, you know, when we're dealing with that. You should have transportation dollars through the MPO process and through other special grant program, which we can make applications of, but it's got to come from the Public Works Department. It's just that simple. Mr. Gimenez: We'll take that into consideration to make the move. I'm not married to transportation people being in planning. I just thought it would make sense to be there, but if it makes more sense -- Commissioner Teele: Every Planning Department in this country has a transportation component to it. Mr. Gimenez: (UNINTELLIGIBLE). Commissioner Teele: But the biggest -- but the largest number of transportation planners are in transportation. Mr. Gimenez: OK. Commissioner Teele: Or in Public Works. Mr. Gimenez: Fair enough. Commissioner Teele: OK, and if you talk to any of the top five firms, you know, Parsons Brinckerhoff for you know, even B&A, any of those firms, they'll tell you that. Mr. Gimenez: Fair enough. Vice Chairman Winton: Mr. -- Mr. Gimenez: We'll make (UNINTELLIGIBLE). Vice Chairman Winton: Mr. Chairman, I'm nervous about -- very nervous about this; the -- Commissioner Teele: You're nervous about -- Johnny, let me just clearly state what I said. Vice Chairman Winton: No, I (UNINTELLIGIBLE) -- Commissioner Teele: The only thing that I said is if we're going to start hiring more positions, whether they be transportation or otherwise, we look first to how we can use special revenue funds for those as opposed to looking first at hiring general funds people. That's all that I'm saying. Vice Chairman Winton: Yeah, and I think that distinction is hugely different than where you just went to, because his suggestion was, maybe it ought be in Public Works because his view is -- that's what it is, but I don't think Commissioner Teele is saying, "You need to make sure this is in Public Works." He's saying, "You need to make sure it is wherever it needs to be so that we can access those other dollars." Mr. Gimenez: And -- Vice Chairman Winton: And so we need to know, but if you, from the Manager's standpoint, want to put it in planning because you think that's where it's going to be in your organizational structure more effective, and it can still access those dollars, that's what you need to do. Commissioner Teele: One of those positions ought to be attached to the Mayor's Office. Whoever is the MPO representative from this City should have a transportation professional assisting and providing some direction in the system. You know what? The MPO provides for that by grant. By grant, a city has an MPO representative to get money from the MPO for staffing for that position, but we don't access that; we've never accessed that. School Board does. Chairman Regalado: OK, anything else on the budget, Mr. Manager, any questions? Mr. Gimenez: (UNINTELLIGIBLE) questions in the matter. Commissioner Teele: But the one question that we didn't talk about is the impact on the parking surcharge and could you just comment on the parking surcharge and other revenues, such as the - - how much money does the County owe us right now for Bicentennial, for the Miami Arena? Don't they owe us $2,000,000? Mr. Gimenez: For their -- the money they owe us is a couple of million dollars that they're holding for contamination remediation. They -- their position is they're not turning it over until they do (UNINTELLIGIBLE), and unfortunately it looks like (UNINTELLIGIBLE) will be down for a while, so they say for all they know that may be $2,000,000 worth of contamination in Parks (UNINTELLIGIBLE), so they're holding it. The good thing is at least we get the escrow amount. It's escrow (UNINTELLIGIBLE) we get all interest. We just can't access the $2,000,000. Chairman Regalado: OK, we have a motion -- Mr. Gimenez: (UNINTELLIGIBLE) in the parking surcharge -- Commissioner Teele: All right. Mr. Gimenez: -- the parking surcharge is in the budget. It's assumed that it goes to the (UNINTELLIGIBLE) of 2006, like the legislation says, anything that -- any kind of settlement that affects that, will affect the bottom line of a five year forecast. Commissioner Teele: Respectfully, I think we ought to agenda that item as an issue and I don't have a plan, but I think, you know, the Manager and Commissioner Winton, in the -- 80% of the monies collected in your district, through the DDA (Downtown Development Authority) and all of that, we ought to look at how we can -- if we need to adjust it, and I -- Vice Chairman Winton: Well, and there's a lawsuit that we've lost as well, so I mean, there's some negotiations and some issues there that are likely to have an impact that could come in sooner as opposed to later, so you really need to -- the City Attorney talk to us about these issues as well. It's not as simple as just deciding how we want to do it, whenever, it could be -- the whenever could come before 2006. Mr. Vilarello: Commissioners, I had earlier asked -- Chairman Regalado: Excuse me -- Mr. Vilarello: -- (UNINTELLIGIBLE). Chairman Regalado: Alex, Alex, just -- we still have a motion on the floor on the part on employees from the Parks Department. Vice Chairman Winton: (UNINTELLIGIBLE). Chairman Regalado: So if you all want to discuss this motion or you want to vote on it. Vice Chairman Winton: Yeah. Call the question. Chairman Regalado: OK. All in favor, say, "aye." The Commission (collectively): Aye. The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 02-925 A MOTION DIRECTING THE MANAGER TO PROVIDE, WITHIN FIVE WORKING DAYS, A DETAIL OF THE NUMBER OF CITY EMPLOYEES THAT HAVE WORKED FOR MINIMUM OF ONE YEAR, WITH A WEEKLY SCHEDULE OF MORE THAN 24 HOURS, BUT LESS THAN 40 HOURS, AND TO INCLUDE THE BUDGET IMPLICATION OF CHANGING THESE EMPLOYEES TO FULL TIME POSITIONS WITH BENEFITS. Upon being seconded by Vice Chairman Winton, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Chairman Regalado: It passes, 5/0. Commissioner Sanchez, I mean, Commissioner Gonzalez, you want to -- and the Attorney. Commissioner Gonzalez: Yes, I have a question. We've been listening throughout the year that we have a shortage of inspectors at the different NET (Neighborhood Enforcement Team) Offices, I don't know if you have that problem with the NET Offices, but that's a complaint that I get whenever I put a little bit of pressure on the NET Administrator. The answer is always said that I'm short in personnel because some of the inspectors are working on the billboards, other inspectors are working on the tax -- on the -- Chairman Regalado: The task force. Commissioner Gonzalez: -- the task force of the occupational licenses, certificate of use, and all of that. Are we contemplating increasing the personnel for the NET Offices, anywhere? Is there -- are we going to be at the same level of service that we're now or -- ? Mr. Penha: There is actually contemplation of three additional personnel that was first (UNINTELLIGIBLE) had (UNINTELLIGIBLE) budget cuts last year, and now they are fully funded for next fiscal year, so it's technical a three position increase for the NET Office. Commissioner Gonzalez: All right, but are we getting three positions for NET Administration or are we talking three positions for NET Offices individually? Mr. Penha: Um -- Commissioner Gonzalez: And Alejandro Mr. Vilarello, I'm not picking on you, I'm not picking on the Administration, but as I said before, we're spending a substantial amount of money in NET Administration and you and I have discussed this on meetings and all of that, and my main concern is providing service to the neighborhoods, so that's why I would like to see some (UNINTELLIGIBLE) in personnel to make sure that whenever we have a complaint from a resident that the complaints are taken care of efficiently, the way that they should be. Dennis Wheeler (Director, NET Program): Yes, sir. There are no increases in NET Administration. As a matter of fact, one of the positions that we have in that administration right now, the City Manager did not fund it this year. Commissioner Gonzalez: OK. Mr. Wheeler: And that would increase -- we would have an increase of one inspector. Commissioner Gonzalez: OK. That position that was supposed to be funded and that wasn't, what was the amount projected to fund that position? Mr. Wheeler: It was at 39 -- approximately at $39,000 a year position. Commissioner Gonzalez: And what is the regular salary or the regular expense of one NET employee? Mr. Wheeler: One NET Inspector? Commissioner Gonzalez: Yeah. Mr. Wheeler: Off the top of my head I think it starts with step three and it's about $24,000 a year, sir. Commissioner Gonzalez: So actually with a little a bit more money, if we put a little bit more money into that position that we need to hire, then we may be able to hire two additional inspectors for the cost of just one position. Is that correct? Commissioner Sanchez: Dennis -- Mr. Gimenez: (UNINTELLIGIBLE) that there are three frozen positions of this year that it's fully funded for next year, so those are three positions, so -- Commissioner Gonzalez: I don't -- Mr. Gimenez: They're not in Administration, so you can add, you can add those three positions to the street, to street level. Commissioner Gonzalez: OK. We were just told that there were three positions that were closing, and now are going to be -- people are going to be hired, so there we have three positions. Mr. Wheeler: Yeah (UNINTELLIGIBLE) -- Commissioner Gonzalez: In addition to that -- Chairman Regalado: Angel, he said one inspector. Commissioner Gonzalez: (UNINTELLIGIBLE). Chairman Regalado: So we've got to find out -- Commissioner Gonzalez: But what are they exactly -- what are we talking about, are we (UNINTELLIGIBLE) -- Chairman Regalado: The other -- Commissioner Gonzalez: Three positions to serve the people out in the field -- Mr. Gimenez: Commission, my focus is the street, OK? I denied him the right to refer an administrative position, so I'm reducing his administration -- Commissioner Gonzalez: (UNINTELLIGIBLE). Mr. Gimenez: -- I'm certainly not going to add three more people to his administration when I just already just reduced (UNINTELLIGIBLE) -- Commissioner Gonzalez: OK, Mr. Manager, I understand that -- Mr. Gimenez: The direction to him is three people in the street. Commissioner Gonzalez: OK. Let me see if I can make myself clear. I don't know, maybe I might be (UNINTELLIGIBLE). We had three positions frozen; now we're going to hire three people, all right? In addition to those three positions we were considering on hiring another person for the Administration that you're not going to accept. OK, so that means that maybe instead of hiring three, with a little bit more money, we may be able to hire five, and then give each Commissioner an additional inspector for their NET Offices. Mr. Gimenez: OK. Commissioner Gonzalez: An additional body. Mr. Gimenez: So two more on top of the budgeted. Commissioner Gonzalez: Yes, sir. Mr. Gimenez: OK. Commissioner Gonzalez: I don't know, no, I'm just -- Mr. Gimenez: I'm saying OK. Commissioner Gonzalez: OK. Mr. Gimenez: OK. Commissioner Gonzalez: Thank you. Chairman Regalado: OK. Vice Chairman Winton: But I don't want -- I don't think it should be (UNINTELLIGIBLE) up one, one, one, one. Commissioner Teele: Well -- Vice Chairman Winton: I think you've got to make the call. Mr. Gimenez: We have -- Vice Chairman Winton: If all five need to go in one district because that's where the need is, that's where it ought to go. Mr. Gimenez: -- we have a couple of districts that are very large, one of them being Coral Way, that's extremely large, that needs additional help. We (UNINTELLIGIBLE) already identified two or three that need additional help (UNINTELLIGIBLE). Commissioner Gonzalez: Distribution (UNINTELLIGIBLE) leave it up to the City Manager, according to the needs, you know, the different needs Districts -- Chairman Regalado: But let me tell you something, Coral Way, which serves Commissioner Winton's District, Commissioner Sanchez, and the District that I represent, used to have three inspectors. Now Coral Way, they took one for the Task Force, and the other inspector, which is a very able inspector, she works only part-time because she's a union person, and she has union duties according to the contract, so, Johnny, to serve from Virginia Beach to 37th Avenue Southwest, from Southwest 8th to the Bay, you have only one inspector, for your district, Commissioner Sanchez' District, and my District. We have one inspector only for the Coral Way area. Commissioner Sanchez: And one in Little Havana and one in (UNINTELLIGIBLE). Chairman Regalado: And that is the problem, because it's only one, and they took the two neighbors -- Commissioner Sanchez: I'm out of here, guys, have a good one. Chairman Regalado: -- and we don't have anybody there, so minus (UNINTELLIGIBLE), so might as well so, and the Manager understands that, so it's not that I'm complaining but he understands that we have a situation in this District, and part of this situation is also the increase of clients, so -- OK -- Mr. Wheeler: Mr. Chairman, may I go on the record? Chairman Regalado: Yes, sir. Mr. Wheeler: I'm going to respectfully disagree with Marcelo. I believe I only have one -- Chairman Regalado: And your name? Mr. Wheeler: Dennis Wheeler, Director of NET. I believe I only have one vacancy, as an inspector vacancy. Chairman Regalado: That's what we said. Mr. Wheeler: I do not have three. Chairman Regalado: That's what you said, and that's what I said you said. Mr. Wheeler: All right, and to go along with having people sign through revenue task force and I think it would help if we -- and we've talked to the Manager about it, if we put some people out on the streets to collect the revenue on a full-time basis and then put the inspectors back, and I think that will help get us out of the streets and hit the streets a lot better, and I would agree with the Commissioner that Coral Way is probably the biggest NET area, and -- Chairman Regalado: Probably no -- Mr. Wheeler: Well, it is the biggest NET area and Coral Way and Downtown split the Brickell area so that needs a little more coverage in that area. Commissioner Gonzalez: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Gonzalez: Mr. Wheeler, you touched on a very important point, and that is, can you give us an amount of the monies that we have generated with this task force? Mr. Wheeler: Yes, sir. As of this morning, it was $722,000. Commissioner Gonzalez: (UNINTELLIGIBLE). Mr. Wheeler: It was about -- I believe we start about May 10, first week, first couple of weeks of May. Vice Chairman Winton: OK. That -- how many people are assigned to that? Mr. Wheeler: There are about four Revenue Inspectors from Finance, one supervisor from Finance, and depending on whether I have to reassign some Code Enforcement Inspectors, about 12 and the Fire Department has played a very important role; whey they go out and going to the buildings and identifying people who do not have a CU (Certificate of Use) reported back to the Task Force and the Task Force goes out and cites them for not having a certificate of use, so it is actually three departments: NET, Finance, and Fire, and -- Commissioner Gonzalez: I believe that it is very important, like you said, that we somehow, have a follow-up system on these collections, because what happens is that now we go out there and (UNINTELLIGIBLE) these collections, and then we drop it, and for the next two years or three years, some of these merchants, they will never renew their occupational license or their certificate of use, or they may be go out of business, so they may leave Hialeah or Kendall or some place else, and (UNINTELLIGIBLE) into the area, start doing business without any kind of permits, and that's income that we're losing, so you bring a very important point with that. I don't know what kind of system we can implement. Another issue and another problem, before when I used to work for the Allapattah Business Development, I generated a lot of money that I brought every time I went out to view a facade, when I checked into the business license and the certificate of use, I found many of them that didn't have it, so (UNINTELLIGIBLE) was to complete the applications for the certificates of use, complete the application for the occupational license, pick up the checks and bring them to the NET Office. OK? Somehow, somewhere a decision was made that the NET Office should not process or accept checks for certificate of use, OK? I don't know why the decision was made, I don't want to interfere with the Administration, maybe the Administration had a good reason for doing that, but I'm sure that that provoked losing revenue. It's not the same thing for a merchant to go to the NET Office, Allapattah or Coconut Grove or Little Haiti or West Little Havana in the neighborhood and process a certificate of use application, than going to Downtown, find a parking place, or try to park and just to process an application, and I'm sure that that will also at the end, will also cost us some revenue, so that's something for you, Mr. Manager, to consider, you know. Mr. Gimenez: I'll find out why it is that they don't accept the checks at the NET Office. Maybe some kind of financial thing, but, you know, a couple of years ago, during a crisis. In terms of the future, the City really should look for doing most of this kind of work online, and also accepting payments through credit card or some other form, debit card, et cetera, so that somebody can -- a business man can -- a business person can go on the computer, make the application, make the payment, and that (UNINTELLIGIBLE) have to order (UNINTELLIGIBLE) touch a City person, and you can get it done a lot quicker. Part of the problem that we have is that -- is the turnover in businesses; the people -- the businesses that have been established and been there for a long time, we have those records, and that's not a problem, but, you know, a lot of businesses come and go, businesses leave, and a new business comes in, they don't do what they have to do, and until an inspector actually goes out there and touches that business, we don't know they're there, and they're not going to pay until somebody goes and touches the business. That's the reason we do the Revenue Task Force; one of the reasons is that A, we know there's a to of money there, and it's also just to update all those files, and maybe so often you've got to do them again, because that's just the nature of how businesses come and go in this town, and in every town. Chairman Regalado: OK. Done with the budget. We have pocket items and other items. Do you all want to do pocket items? Vice Chairman Winton: Do everything. Let's get the stuff done. 12. APPOINT Miguel De La O AS MEMBER OF CIVILIAN INVESTIGATIVE PANEL NOMINATING COMMITTEE. APPOINT PABLO PEREZ CISNEROS AS MEMBER OF BAYSIDE MINORITY FOUNDATION. APPOINT ARMANDO J. SILVA-TRUJILLO AS MEMBER OF COMMUNITY RELATIONS BOARD. APPOINT NORMA M. CASTILLO AS MEMBER OF FINANCE COMMITTEE. APPOINT MICHAEL S. RYAN AS MEMBER OF MIAMI AUDIT ADVISORY COMMITTEE. Commissioner Gonzalez: I have some appointments for -- Chairman Regalado: Mike, Mike.. Commissioner Gonzalez: -- especially for the Civilian Board. They -- I believe they don't have a quorum, or they're having some problems -- Chairman Regalado: What? Commissioner Gonzalez: -- with the Civilian Investigative Panel. Chairman Regalado: They don't have a quorum? Commissioner Gonzalez: Or they don't have the amount of members they are supposed to have. Chairman Regalado: But I thought we named everybody. Commissioner Gonzalez: Yeah, but some -- one of my appointees dropped off. Chairman Regalado: Oh, OK. OK. I'm sorry. I didn't know. OK. Go ahead. Commissioner Gonzalez: So I would like to appoint Mr. Miguel De La O to the Civilian Investigative Panel. Chairman Regalado: To the Selection Committee. Commissioner Gonzalez: To the Selection Committee, right. Commissioner Teele: Second the motion. Chairman Regalado: We have a motion and a second. All in favor say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 02-926 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE CIVILIAN INVESTIGATIVE PANEL NOMINATING COMMITTEE. Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Commissioner Teele: He's replacing who? Commissioner Gonzalez: He's replacing Fernando Mata, Attorney at Law. The Bayside Minority Foundation, I would like to appoint Pablo Perez Cisneros. Commissioner Teele: Second the motion. Chairman Regalado: OK. We have a motion and a second on an appointment. All in favor, say LL " aye. The Commission (Collectively): Aye. Chairman Regalado: It passes. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 02-927 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE BAYSIDE MINORITY FOUNDATION. Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Commissioner Gonzalez: Community Relations Board, Armando J. Silva. Commissioner Teele: Second. Chairman Regalado: OK. We have a -- Commissioner Gonzalez: He's replacing Fernando Casanova. Chairman Regalado: OK, we have a motion and second for the Community Relations Board. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 02-928 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE COMMUNITY RELATIONS BOARD. Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Commissioner Gonzalez: Finance Committee, Norma M. Castillo. Commissioner Teele: Second the motion. Chairman Regalado: We have a motion and a second on an appointment of Finance Committee. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 02-929 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE FINANCE COMMITTEE. Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Commissioner Gonzalez: Miami Audit Advisory, Michael S. Ryan. Vice Chairman Winton: Second. Chairman Regalado: We have a motion and a second by Commissioner Winton. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 02-930 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE MIAMI AUDIT ADVISORY COMMITTEE. Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Commissioner Gonzalez: That's all. 13. AMEND RESOLUTION 01-663 BY CHANGING FUND ALLOCATION ACCOUNT FROM GENERAL FUND ACCOUNT TO CAPITAL IMPROVEMENT PROJECT ACCOUNT FOR PROJECT ENTITLED "MIAMI POLICE — SOUTH DISTRICT SUBSTATION — PRECAST CONCRETE RESTORATION, B6370. Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: Commissioner Sanchez had to leave. He left this resolution. A resolution of the City Commission amending resolution 01-663, adopted in July 10, 2001, by changing the fund allocation account from general fund account number as stated, to Capital Improvement Project fund code 3120304319301.6.860, as appropriated by the annual appropriations and Capital Improvement Project ordinance as amended for the project entitled "Miami Police - South District substation - Pre -cast concrete restoration, B-6370. So moved. 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 for its adoption: RESOLUTION NO. 02-931 A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION 01-663, ADOPTED IN JULY 10, 2001, BY CHANGING THE FUND ALLOCATION ACCOUNT FROM GENERAL FUND ACCOUNT CODE NO. 001000.290201.6.670 TO CAPITAL IMPROVEMENT PROJECT FUND CODE 3120304319301.6.860, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCE, AS AMENDED, FOR THE PROJECT ENTITLED "MIAMI POLICE - SOUTH DISTRICT SUBSTATION - PRECAST CONCRETE RESTORATION, B-6370." Upon being seconded by Chairman Winton, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 14. AUTHORIZE MANAGER TO APPROPRIATE MATCHING FUNDS, $300,000, FROM HOMELAND DEFENSE IMPROVEMENT BOND ISSUE TO BE USED AS MATCHING FUNDS FOR GRANT APPLICATION SUBMITTED TO MIAMI-DADE COUNTY DEPARTMENT OF SAFE NEIGHBORHOODS OFFICE FOR CREATION OF DOMINO PARK AT ATHALIE RANGE NO. 1 PARK IN OVERTOWN. Commissioner Teele: And --Chairman, I would just like to move this item, which is a resolution of the City Commission authorizing the City Manager to appropriate matching funds in the amount of up to $300,000, from the Homeland Defense Improvement Bond issue, to be used as matching funds for a grant application submitted to Miami -Dade County Department of Safe Neighborhoods Office, for the creation of a domino park at Athalie Range No. 1 park in Overtown. So moved. Chairman Winton: Second the motion. Chairman Regalado: We have a motion and a second. Vice Chairman Winton: And that's in a bond thing, right? Commissioner Teele: That's in the bond. This does not appropriate money, but just authorizes the Manager to submit a grant to match those dollars; make an application. Chairman Regalado: All in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 02-932 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $300,000, FROM THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND FUNDS, SAID AMOUNT REPRESENTING THE CITY OF MIAMI'S COMMITMENT OF MATCHING FUNDS AS REQUIRED OF THE CITY FOR ITS GRANT APPLICATION TO THE MIAMI-DADE COUNTY DEPARTMENT OF SAFE NEIGHBORHOODS, WITH SAID FUNDS SPECIFICALLY EARMARKED FOR THE CREATION OF A DOMINO PARK AT ATHALIE RANGE NO. 1 PARK IN OVERTOWN, MIAMI, FLORIDA. Upon being seconded by Chairman Winton, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 15. BRIEF COMMENTS ON FUNDING REQUESTS OF VIRGINIA KEY BEACH PARK TRUST. Commissioner Teele: Mr. Chairman, I would ask -- I thought I saw some of the -- who -- Mr. Manager, who is your representative to this Virginia Key Task Force? Carlos Gimenez (City Manager): G. S. Smith. Commissioner Teele: OK. I received a rather disturbing letter, as all of us did, from the Virginia Key Task Force, aggressively demanding -- urging that we release or make available $5,000,000 in money, and again, this is more of this misinformation kind of thing that were talking about earlier with Abreu. The letter was very explicit that all the money that was spent that won't be any money and they want $3.5 million immediately, right away, et cetera. I would ask that the -- Mr. Gimenez: I believe that that letter said that they wanted to get the total $5,000,000 allocated. I think they have one and a half allocated in the first -- Commissioner Teele: Yeah, but -- Mr. Gimenez: -- Tranche, they want the additional. Commissioner Teele: Yeah, but this is the problem: they got one and a half, then they also got 750. Mr. Gimenez: That's correct. Commissioner Teele: -- thousand, which is -- you know, nobody says thank you, everybody says, more, more, more. Vice Chairman Winton: Yeah. Commissioner Teele: I have no problem supporting them for that $1,000,000 or the $5,000,000, whatever the full amount is, but it's got to be based not on asking for money, but a project that's ready to go. Vice Chairman Winton: Yeah. Commissioner Teele: So I would hope, again, `cause we're going to start having this bond issue, as Commissioner Sanchez says, the good news is that we got the bond issue. It's going to start to turn against us if we don't educate people, and we really need to get somebody from the -- Mr. Nachlinger's office or (UNINTELLIGIBLE), to sit down with them and provide some technical assistance. I would like to be invited, if Commissioner Winton, if it's all right with you, I'd like to be invited -- Vice Chairman Winton: Yeah. Commissioner Teele: -- to that meeting, I mean, I set up the trust, and I think those are the kind of letters that really could create unintentionally hard feelings; I mean, this Commission has bent over backwards to support them by making $2,000,000 available immediately; including the 750, and so I just think that we really need to work with that group, the Task Force, and have some meetings, and then have a meeting with the Board, and I would like to be invited, but those are the kind of things that we really need to deal with and cut them in the bud before they get out of control, Mr. Manager. Mr. Gimenez: Yes, sir. 16. AUTHORIZE MANAGER TO EXECUTE GRANT CONTRACT, $25,000, FOR PURPOSE OF SUPPORTING EARNED INCOME TAX CREDIT OUTREACH CAMPAIGN TO BE COORDINATED BY HUMAN SERVICES COALITION OF DADE COUNTY, INC. IN CONJUNCTION WITH OFFICE OF MAYOR. Chairman Regalado: OK. Do you have pocket items, Johnny? Vice Chairman Winton: Yes, I do. I have one from the Mayor's Office and this is a resolution authorizing the City Manager to execute a grant contract in the amount of $25,000 for the purpose of supporting an earned income tax credit outreach campaign to be coordinated by Human Services Coalition of Dade County, in conjunction with Office of the Mayor, funding the (UNINTELLIGIBLE) available for non -departmental account 001000921002.6.930, and these $25,000 allows us to get $250,000 from the Knight Foundation, so we're providing a $25,000 seed capital that gets us $250,000 from the Knight Foundation. So moved. Commissioner Gonzalez: Second. Chairman Regalado: We have a motion and a second. All in favor say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-933 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE GRANT IN THE AMOUNT OF $25,000, IN SUPPORT OF AN EARNED INCOME TAX CREDIT ("EITC") OUTREACH CAMPAIGN TO BE COORDINATED BY HUMAN SERVICES COALITION OF DADE COUNTY, INC. IN CONJUNCTION WITH THE OFFICE OF THE MAYOR, TO PROVIDE SEED MONEY TO: (1) FUND INITIAL STAFFING COSTS; (2) CONDUCT AN OPINION POLL TO GAUGE THE EFFECTIVENESS OF OUTREACH EFFORTS WITHIN TARGET MARKETS; (3) CONDUCT CONSUMER SURVEYS TO DOCUMENT EXPERIENCES OF EITC RECIPIENTS RELATED TO UTILIZATION OF COMMERCIAL TAX PREPARERS VERSUS FREE TAX ASSISTANCE SITES; (4) AUGMENT THE MARKETING BUDGET FOR OUTREACH SERVICES IN THE CITY OF MIAMI; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENT(S) NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; AND ALLOCATING FUNDS FOR THE GRANT FROM THE NON -DEPARTMENTAL ACCOUNT, ACCOUNT CODE NO. 001000.921002.6.930. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 17. AUTHORIZE $25,000 FOR HOLIDAY DECORATIONS FOR COCONUT GROVE AREA FROM COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE FUND. Chairman Regalado: OK. Commissioner Gonzalez: Mr. Manager. Chairman Regalado: We have more, Johnny? Vice Chairman Winton: No. Chairman Regalado: Could you chair? Because I have two? Vice Chairman Winton: Sure. Chairman Regalado. Chairman Regalado: OK. At the August 14 meeting of the Coconut Grove Special Events and Marketing Committee, the members of the Board recommended an allocation of $25,000 for Holiday decorations throughout the Coconut Grove area. The Committee's special fund will serve as the source of funding for this allocation, so I propose a motion to approve this allocation of $25,000 of the Committee's budget. Vice Chairman Winton: The Committee's own monies. Commissioner Gonzalez: Second. Vice Chairman Winton: We have a motion and a second. Any further discussion? Being none, all in favor "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign opposed. Motion carries. The following resolution was introduced by Chairman Regalado, who moved for its adoption: RESOLUTION NO. 02-934 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $25,000, FROM THE COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE FUND FOR THE PLACEMENT OF HOLIDAY DECORATIONS IN THE COCONUT GROVE AREA. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Chairman Regalado: I would like also to thank Art Noriega for the support that Coconut Grove Marketing Committee's getting from Off Street Parking and, you know, it's important because we're going -- When did the banners be up, Art? When will the banners be up for speed weekend in the Grove? I think next week or two weeks. Art Noriega (Executive Director, Off -Street Parking Department): Yeah, I think the last update we had was approximately about a week, a week and a half, but I don't have a confirmed date yet from David, so -- Chairman Regalado: Thank you. 18. AUTHORIZE AND DIRECT MANAGER TO WAIVE ONLY PARK USER FEE FOR "FESTIVAL DE MARISCOS" TO BE HELD ON WATSON ISLAND ON SEPTEMBER 15, 2002. Chairman Regalado: We have a pocket item. On September 15, the Festival of Marisco will be held at the Watson Island. The organizers anticipate that this event will bring tourists and locals to the area. They have already had the permits process. They will pay off-duty police, fire, and some of the issues that they have to deal with the Parks Department, so in order to support this festival, I propose a motion to waive only the park user fee for this event, which is the first time it's going to be held in the City of Miami. Commissioner Gonzalez: Second. Vice Chairman Winton: We have a motion and a second. Any further discussion? Being none, all in favor "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign opposed. Motion carries. The following motion was introduced by Chairman Regalado, who moved for its adoption: MOTION NO. 02-935 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO WAIVE ONLY THE PARK USER FEE FOR THE "FESTIVAL DE MARISCOE' TO BE HELD ON WATSON ISLAND ON SEPTEMBER 15, 2002. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 19. SCHEDULE ATTORNEY-CLIENT EXECUTIVE SESSION ON, SEPTEMBER 5, 2002 IN CONNECTION WITH CASE OF PATRICIA ROBBINS, AS PERSONAL REPRESENTATIVE OF ESTATE OF OTIS JAMES ROBBINS VS. CITY AND CASE OF PATRICK MCGRATH AND MIAMI-DADE COUNTY VS. CITY. Chairman Regalado: And before we take other issues, the City Attorney has requested an executive session for two items that he needs to discuss. We are proposing September 5 for an executive session for about two hours at City Hall. Vice Chairman Winton: You mean on a special date? Not a Commission day? Chairman Regalado: Well, the problem is that September 11, I saw the draft agenda, Johnny -- Vice Chairman Winton: Oh, (UNINTELLIGIBLE). Chairman Regalado: We have only like -- in the consent agenda about 34 to 39 items, then we have about other 50, and then we have the budget hearings starting at 5:00, plus about 10 presentations, from personal appearances, so it's up to you, I mean, I don't -- Vice Chairman Winton: No, you're right. Commissioner Teele: (UNINTELLIGIBLE) City Hall. Chairman Regalado: Huh? Commissioner Teele: Why don't we have a (UNINTELLIGIBLE)? Chairman Regalado: Or MSEA (Miami Sports and Exhibition Authority). Commissioner Teele: I would so move at the request of the City Attorney, an executive session to be held at MSEA at what? 3 o'clock? Chairman Regalado: September 5. Commissioner Teele: Thursday, September 5, at what time? Vice Chairman Winton: How about the end of the day? Commissioner Teele: 4 o'clock? Chairman Regalado: What time they want? What time you want? Commissioner Teele: 5 o'clock? Vice Chairman Winton: 4:30,5:00, (UNINTELLIGIBLE). Commissioner Teele: At 5 p.m. Vice Chairman Winton: I need to make money. Chairman Regalado: 5 p.m.? Vice Chairman Winton: I'm broke. Chairman Regalado: 5 p.m.? Commissioner Teele: 5 p.m. at MSEA. Vice Chairman Winton: 5 o'clock it is. Alejandro Vilarello (City Attorney): Mr. Chairman, the two items are the case of Patricia Robbins as personal representative of the estate of Otis James Robbins versus the City of Miami, at Dade Circuit Court case number 006096C808, and the City of Miami, Patrick McGrath and Miami -Dade County versus the City of Miami. That case number is Supreme Court 011562. Commissioner Teele: So move, Mr. Chairman. Chairman Regalado: (UNINTELLIGIBLE). We have a motion and a second on an executive session requested by the City Attorney. All in favor, say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 02-936 A MOTION SCHEDULING AN ATTORNEY-CLIENT EXECUTIVE SESSION ON THURSDAY, SEPTEMBER 5, 2002 AT 5 P.M. AT THE OFFICES OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY (MSEA) IN CONNECTION WITH THE CASE OF PATRICIA ROBBINS, AT THE PERSONAL REPRESENTATIVE OF THE ESTATE OF OTIS JAMES ROBBINS VS. THE CITY OF MIAMI AND THE CASE OF PATRICK MCGRATH AND MIAMI-DADE COUNTY VS. THE CITY OF MIAMI. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Chairman Regalado: It's Thursday, September 5, 5 p.m. Miami Arena. 20. AUTHORIZE MANAGER TO ALTER AGREEMENT WITH OSTERHOLT CONSULTING, INC. FOR PURPOSE OF CONCLUDING SERVICES PROVIDED, $42,000. Chairman Regalado: We have several pocket items from the City Manager. One, two, and three. (UNINTELLIGIBLE). Carlos Gimenez (City Manager): (UNINTELLIGIBLE) Mr. Chairman. A resolution of the City of Miami Commission authorizing the City Manager alter the agreement with Osterholt Consulting, Incorporated, in a form acceptable to the City Attorney and expire on November 1, 2002 for the purpose of concluding services provided in an amount not to exceed $42,000. Vice Chairman Winton: So moved. Commissioner Teele: Second. Commissioner Gonzalez: Second. Chairman Regalado: OK. We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-937 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ALTER THE AGREEMENT WITWH OSTERHOLT CONSULTING INC., IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EXPIRE ON NOVEMBER 1, 2002 FOR THE PURPOSE OF CONCLUDING SERVICES PROVIDED , IN AN AMOUNT NOT TO EXCEED $42,000; ALLOCATING FUNDS FROM ACCOUNT CODE NO.001000921002.6.270. Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 21. EMERGENCY ORDINANCE: AMEND ORDINANCE NO. 12128, ANNUAL APPROPRIATIONS ORDINANCE FOR FISCAL YEAR ENDING SEPTEMBER 30, 2002, REPROGRAMMING $500,000 FROM CAPITAL IMPROVEMENT PROJECT ENTITLED "GSA COMMUNICATIONS 800 MHZ RADIO COMMUNICATION SYSTEM," TO NEW CAPITAL IMPROVEMENT PROJECT ENTITLED "RIVER DRIVE WAREHOUSE IMPROVEMENTS." Frank Rollason: OK. We have two -- Frank Rollason, Assistant City Manager Operations. We have two that are somewhat related. The first being an ordinance, an emergency ordinance to appropriate $500,000 for the repairs to the River Drive warehouse complex (UNINTELLIGIBLE) where the Orange Bowl floats were stored to get that building into shape for one of two issues: either for the "X" games coming, that is the warehouse area that we would provide to them. In the event that they do not come, we will be looking to move Parks Operations and Public Works Operations in that building from the (UNINTELLIGIBLE) -- Commissioner Teele: (UNINTELLIGIBLE). Mr. Rollason: It's being moved from an existing account right now that's the 800 megahertz radio system, and we have that money in there to move it, we can move it across to this account. Chairman Regalado: OK. Do we have a motion? Mr. Rollason: (UNINTELLIGIBLE) it's an ordinance, so -- Chairman Regalado: Yeah, we need to read it. Vice Chairman Winton: Second. Chairman Regalado: We have a motion and a second. Read the ordinance. Roll call. Priscilla A. Thompson: The ordinance is approved in second reading, 4/0. An Ordinance Entitled -- AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE 10128, AS AMENDED, THE ANNUAL APPROPRIATIONS ORDINANCE FOR FISCAL YEAR ENDING SEPTEMBER 30, 2002, THEREBY REPROGRAMMING APPROPRIATIONS IN THE AMOUNT OF $500,000 FROM EXISTING CAPITAL IMPROVEMENT PROJECT NUMBER 311052, ENTITLED, "GSA COMMUNICATIONS 800 MEGAHERTZ RADIO COMMUNICATION SYSTEM," TO A NEW CAPITAL IMPROVEMENT PROJECT NUMBER 311709, ENTITLED, "RIVER DRIVE WAREHOUSE IMPROVEMENTS" SCHEDULED TO BEGIN IN FISCAL YEAR 2001-2002, CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Gonzalez and seconded by Commissioner Teele, for adoption as an emergency measure, and dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Whereupon the Commission on motion by Commissioner Gonzalez and seconded by Commissioner Teele, adopted said ordinance by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12270 Chairman Regalado: Thank you very much. 22. AUTHORIZE MANAGER TO ADVERTISE AND SOLICIT FOR LEASE OF 4,000 SQUARE FEET OF OPEN WAREHOUSE SPACE FOR STORAGE OF TELECOMMUNICATIONS EQUIPMENT. Frank Rollason (Assistant City Manager Operations): Mr. Chairman, the second item that you have is a lease of warehouse space that in the event that the "X" games comes to fruition, we have in that warehouse right now stored, the Motorola equipment that's coming in for the 800 megahertz system to be installed. We need to provide warehouse space for that equipment, and if we have to turn this warehouse over come October 1, we have to move that equipment into a secure dry type of an environment, and we also have to have space for the equipment that we remove from our present system that has a value for resale and we don't want it sit out in the yard to be trashed, so we were going to put it in that warehouse and now we're facing what we probably with the "X" games or hopefully with the "X" games, we need to have a warehouse space to do that, so this is a resolution to authorize the Manager to enter into a lease of 4,000 square feet -- Vice Chairman Winton: So moved. Mr. Rollason: -- 4,000 square feet. Commissioner Gonzalez: Second. Vice Chairman Winton: Is this a net lease or gross lease? Chairman Regalado: (UNINTELLIGIBLE) can I -- Laura Billberry (Assistant Director, Department of Economic Development): It's net of utilities only. Vice Chairman Winton: Yes. Chairman Regalado: Can I ask a question? Mr. Rollason: Yes, sir. Chairman Regalado: Is this within the municipal City limits? Mr. Rollason: As I look at this address, it looks to me to be about a block outside the City. Chairman Regalado: That's right, so I'm not voting for it. Vice Chairman Winton: Why wouldn't we do that? Ms. Billberry: We looked at about 21 different sites. This was the most affordable site, meeting the square footage requirements that we require, which is (UNINTELLIGIBLE) -- Chairman Regalado: That's in the County. Commissioner Gonzalez: How many square foot [SIC] are you looking for? Ms. Billberry: Four thousand square feet. Commissioner Gonzalez: Have you looked in Allapattah? Ms. Billberry: We looked in several areas. I have a whole list of different sites. Commissioner Gonzalez: I know, but just -- Ms. Billberry: I mean, it includes various sites in Allapattah. Commissioner Gonzalez: Please, please, please, please, ma'am. Answer my question. Don't tell me that you're looking in different areas. Did you look in Allapattah? Ms. Billberry: I do have a couple of sites in Allapattah, yes. Commissioner Gonzalez: A couple of sites? For 4,000 feet? Vice Chairman Winton: We need (UNINTELLIGIBLE) decision. Ms. Billberry: Public Works is beginning the work and would like the communications equipment out as soon as possible, preferably before the end of the month. Commissioner Gonzalez: Are there any special requirements that this building should meet? Ms. Billberry: Just an open warehouse space. Commissioner Gonzalez: Just an open warehouse space. Ms. Billberry: And it does have to -- excuse me -- it does have to have about 12 foot high roll up doors. Commissioner Gonzalez: That's normal in a warehouse. I think I seconded that motion, I'm going to -- Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: The movers -- I would move to authorize the Manager to advertise and solicit for the stated requirements, and to further authorize the Manager to enter into a lease agreement that he deems to be most appropriate, based upon that advertising and the efforts that have already going on. That is (UNINTELLIGIBLE). Vice Chairman Winton: And Angel, if you -- you know, you know plenty of people haven't called Lori. Commissioner Gonzalez: I'll be looking for her tomorrow. Commissioner Teele: Would you second that? Vice Chairman Winton: Yes. Commissioner Gonzalez: I'll second the motion. Chairman Regalado: But it has to be within the City limits. Commissioner Teele: No, I didn't say that. What I said is to advertise it, receive proposals, and let him make the decision that's the most advantageous one; obviously, if a request comes in and it's in the City, and we don't take it, you know, you're going to have a problem with the Board, but I don't think we want to tie your hands, I mean, there may not be one, but if there is one in the City, it's going to come to the surface. Commissioner Gonzalez: Right. Commissioner Teele: But I mean, you know, the idea of just going out and calling around, and coming up with something in the County, doesn't. I mean, that doesn't sit well up here. Four thousand square feet? You can't make me believe, I mean, that's -- somebody doesn't have 4,000 square feet of (UNINTELLIGIBLE). Vice Chairman Winton: Yeah. OK. Commissioner Teele: What is the effect (UNINTELLIGIBLE) and how -- what was the term? Ms. Billberry: Four fifty a square foot, and it was for a one year term. With that one option. Commissioner Teele: Four dollars and fifty cents. Vice Chairman Winton: See, the terms are good. That's a cheap rate in one year term, so that gives great flexibility, so you like that, so that's -- but I'm in complete agreement with what you've said here, and we should take a look. Commissioner Teele: But it also asks of the Manager -- once he solicits it, to go ahead and enter into an agreement. So -- Mr. Rollason: Mr. Chairman. Commissioner Teele: I would call the question. Alejandro Vilarello (City Attorney): Just one issue. As the cone of silence issue, my suggestion is that if there's any individuals who are interested in providing -- that we provide that solicitation to them, and they can do it as opposed to a call out by Commissioner (UNINTELLIGIBLE). Commissioner Gonzalez: OK. Can I suggest that the Administration contact the Allapattah Business Development Authority (UNINTELLIGIBLE) the neighborhood, the (UNINTELLIGIBLE) of Allapattah, and tell him that what you're looking for and then their personnel will go out and look for the property and then they will communicate it to you or they will -- Vice Chairman Winton: Whatever the rule is. Commissioner Gonzalez: -- arrange it, whatever rule you need to use. Vice Chairman Winton: Call the question. Chairman Regalado: All in favor, say, "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 02-938 A MOTION AUTHORIZING THE CITY MANAGER TO ADVERTISE AND SOLICIT FOR LEASE OF 4,000 SQUARE FEET OF OPEN WAREHOUSE SPACE WITH 12 FOOT HIGH ROLL UP DOORS FOR THE STORAGE OF TELECOMMUNICATIONS EQUIPMENT; FURTHER AUTHORIZING THE MANAGER TO ENTER INTO A LEASE AGREEMENT THAT HE DEEMS TO BE MOST APPROPRIATE BASED ON SAID ADVERTISEMENT AND THE EFFORTS THAT HAVE ALREADY BEEN MADE BY THE ADMINISTRATION. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Chairman Regalado: Thank you. Commissioner Teele: Mr. Manager, that can be a RFQ (request for qualifications). It can be request for interest, it could be -- Mr. Gimenez: Yes, sir, we'll try to make it work. The easiest thing possible. Commissioner Teele: Yeah. 23. BRIEF COMMENTS ON SALE AND ISSUANCE OF BONDS. Chairman Regalado: OK. Commissioner Teele: Mr. Chairman, while we are pausing, have the bonds been issued yet? I mean, I'm asking this, I don't know the answer. Vice Chairman Winton: They're in the bank. Carlos Gimenez (City Manager): The bonds were issued, the bonds were sold, the money is in the bank. Commissioner Teele: I have not been in town. I didn't know. Was it in the paper or something? Mr. Gimenez: The bonds were issued, the bonds were sold, the money is in the bank. Commissioner Teele: What was the rate? Did you all do a memo on this? I apologize, I have not read any documents, any new -- I haven't seen anything. Bob Nachlinger (Assistant Manager): Commissioner, Bob Nachlinger, Assistant Manager. No, we didn't do a memo on it, and thank you for your calling that to our attention. We'll get a memo out to all -- the Mayor and all the Commissioners. The effective rate of the 153 plus million in bonds that were sold was 5.01%, for the net rate on the entire 20 year term. Vice Chairman Winton: We're good. Commissioner Teele: A hundred and fifty-three? Mr. Nachlinger: Yes, sir, in terms of bonds that were sold -- some of the bonds that were sold were at a premium -- we actually deposited it $155,000,000 in the construction fund. Commissioner Teele: A hundred and what? Mr. Nachlinger: Fifty-five. (UNINTELLIGIBLE CONVERSATION) Mr. Nachlinger: You're welcome. 24. SECOND READING ORDINANCE: AMEND CITY CODE BY ADDING NEW SECTIONS 18-71 TO 18-114, 18-176.1 TO 18-176.3, AND AMEND SECTION 18-180 ENTITLED "FINANCE, PURCHASING AND CONTRACTS GENERALLY" IN ITS ENTIRETY AND SUBSTITUTE NEW ARTICLE III SETTING FORTH PROVISIONS FOR ACCEPTANCE OF DONATIONS, PROCUREMENT OF GOODS AND SERVICES; AMEND ARTICLE V OF CHAPTER 18 ENTITLED "SALE OR LEASE OF CITY'S REAL PROPERTY" TO INCLUDE PROVISIONS FOR LEASE OF REAL PROPERTY INCLUDING UNIFIED DEVELOPMENT PROJECTS, CONE OF SILENCE AND PROTESTS. Vice Chairman Winton: What's the next item. Chairman Regalado: OK. Next item. We have some items that were left out on the 25 -- Vice Chairman Winton: Oh, OK. Chairman Regalado: The City Attorney wants us to do something about the second reading on Finance and Purchasing and contracts. Mr. City Attorney. Vice Chairman Winton: What item is that? Chairman Regalado: It was given out by the City Attorney a few minutes ago. Vice Chairman Winton: We've also got Item 14 Alejandro Vilarello (City Attorney): Item 15, when the City Commission last discussed the issue, the Commission was debating a couple of issues. One was the applicability of the cone of silence, and the second one was the applicability of the procurement code to certain boards which do exercise some independent authority. Those boards are MSEA (Miami Sports and Exhibition Authority), DDA (Downtown Development Authority), Department of Off -Street Parking, the Civilian Investigative Panel, and the Model City Homeownership Trust. If you recall the conversation from the City Commission was discussing when the cone of silence would apply and I think, Commissioner Winton, you had some comments with regards to that, and the Commission wanted to solicit the comments of Commissioner Teele on that issue, and he was temporarily absent from the meeting at that point. I have not had an opportunity to brief the Commissioner, Commissioner Teele on that discussion, and the other piece of it was the applicability to those agencies that I just mentioned. Vice Chairman Winton: Well -- Chairman Regalado: Do we want to listen to this or do we want to leave it for some other day? Vice Chairman Winton: What other day -- ? Carlos Gimenez (City Manager): Mr. Chairman, I'd really like to get this passed, because it really -- Chairman Regalado: Say no more, one, do we have a motion and a second. Read the ordinance Vice Chairman Winton: But wait, wait, wait, wait, wait, so did we -- which of these agencies did we take out of this? Mr. Vilarello: At this point -- Vice Chairman Winton: They're all in it. Mr. Vilarello: -- they're all in it, with the exception of the Redevelopment Agencies. Vice Chairman Winton: And I absolutely don't want DDA in it, and I didn't think that the Redevelopment Agency ought to be in it. Commissioner Teele: How can the City by ordinance direct the DDA or the CRA? Mr. Vilarello: Well, it cannot -- well, the City Commission could direct both agencies. With regard to the issues of Florida Statutes 163, not quite sure why the City Commission would want to direct the Redevelopment Agencies to be limited, when the statute doesn't provide that limitation; that's the reason you create the Redevelopment Agencies. With regard to DDA, certainly the City Commission has that right to impose it, but the memorandum that I just distributed simply provides -- I think this was Commissioner Winton's suggestion that the cone would apply to the Downtown Development Authority, Off -Street Parking, Model City Homeownership Trust, the Civilian Investigative Panel and MSEA, but the bureaucracy would not move through the City Procurement Office. It would move through their own executive directors, so it creates a standard of procurement for them to follow, but it doesn't go through the City, it goes through their own executives. Vice Chairman Winton: But does it still follow the County's cone of silence rules? Mr. Vilarello: Second issue. Vice Chairman Winton: OK, so -- Commissioner Teele: Well, if you're going to do that, why don't you do all of the agencies? I mean -- Vice Chairman Winton: See, my view is the last thing we want to do is tie these agencies down to the kind of bureaucratic junk that the County has already thrust upon us, because these agencies need to be nimble and quick and do things almost like a business, and so -- Mr. Vilarello: So those five -- Commissioner, listen, we should separate the two issues. Vice Chairman Winton: OK. Good. Mr. Vilarello: Cone of silence and the procurement code. The issue that we're talking about right now is the procurement code. Vice Chairman Winton: And I'm in favor of what you've said, right. Mr. Vilarello: And those five agencies plus the CRA (Community Redevelopment Agency) -- the CRA is not dealt with within those five -- exercise independent authority to -- without Commission approval, other than the Commission's approval of the budgets. Vice Chairman Winton: Got it. Mr. Vilarello: So -- Vice Chairman Winton: And I agree with that. Mr. Vilarello: -- this creates a standard for them to follow through the -- Vice Chairman Winton: Perfect, perfect. Mr. Vilarello: If you want, I can address the cone of silence issue -- Vice Chairman Winton: No, I agree with it 100%. Mr. Vilarello: -- the cone of silence issue, your suggestion earlier today was perhaps that you take those same five agencies and not require them to comply with the cone of silence. Remember, the underlying ordinance opts out of the County's cone of silence ordinance, and creates our own, which substantially mirrors the County's cone of silence, so this -- your earlier suggestion was that these same five agencies would not have to comply with the cone of silence. Vice Chairman Winton: Correct. Mr. Vilarello: And I would assume that the CRA as well would be included within that exemption from the cone of silence. Chairman Regalado: We have a motion and a second. Read the ordinance. Vice Chairman Winton: So let's see now, so making sure that I understand this motion because I got -- so the motion is on procurement and we're going to agree with procurement, and it sets a standard, but the only difference is with these agencies the standard runs through the executive record of the entity. Mr. Vilarello: Correct. Vice Chairman Winton: OK. Chairman Regalado: Well, what are you trying to do, do you want to win the bet? You're delaying this -- Mr. Gimenez: Touche. Chairman Regalado: Oh, OK. Read the ordinance. The ordinance was read by title into the public record by the City Attorney. Chairman Regalado: Madam City Clerk. Priscilla A. Thompson (City Clerk): Roll call. And ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION REPEALING ARTICLE III OF CHAPTER 18, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE, PURCHASING AND CONTRACTS GENERALLY" IN ITS ENTIRETY AND SUBSTITUTING IN LIEU THEREOF NEW ARTICLE III SETTING FORTH PROVISIONS FOR THE ACCEPTANCE OF DONATIONS, PROCUREMENT OF GOODS AND SERVICES INCLUDING PERSONS RETAINED AS EXPERT CONSULTANTS, AND OPTING OUT OF MIAMI-DADE COUNTY REQUIREMENTS RELATED TO THE CONE OF SILENCE; AMENDING ARTICLE V OF CHAPTER 18 ENTITLED "SALE OR LEASE OF CITY'S REAL PROPERTY" TO INCLUDE PROVISIONS FOR THE LEASE OF REAL PROPERTY INCLUDING UNIFIED DEVELOPMENT PROJECTS, THE CONE OF SILENCE AND PROTESTS; MORE PARTICULARLY BY ADDING NEW SECTIONS 18-71 TO 18-114, 18-176.1 TO 18-176.3, AND AMENDING SECTION 18-180 OF SAID CODE; CONTAINING A REPEALER PROVISION, A SAVINGS CLAUSE, AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. was passed on its first reading, by title, at the meeting of June 13, 2002, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Teele, seconded by Commissioner Gonzalez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12271 Chairman Regalado: It passes. We have a motion to adjourn. Vice Chairman Winton: Are we going to finish the agenda here? Chairman Regalado: No, we haven't. Vice Chairman Winton: This stuff is all going to go to the next Commission meeting, which you said, it's already too jammed. 25. RATIFY, APPROVE, AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVE ACQUISITION OF E-911 MAINTENANCE SERVICES FOR DEPARTMENT OF POLICE FROM AVAYA, INC., $69,000; ALLOCATE FUNDS FROM E-911 GENERAL OPERATING BUDGET. Commissioner Teele: I'll move Item 28, ratifying and approving and confirming the Manager's finding of emergency for the approval of acquisition of maintenance services. So moved. Commissioner Gonzalez: Second. Chairman Regalado: We have a motion and a second on Item 28. All in favor, say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 02-939 A RESOLUTION OF THE MIAMI CITY COMMISSION RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND ISSUING A PURCHASE ORDER AND APPROVING THE ACQUISITION OF E-911 MAINTENANCE SERVICES FOR THE DEPARTMENT OF POLICE FROM AVAYA, INC., IN AN AMOUNT NOT TO EXCEED $69,000; ALLOCATING FUNDS FROM THE E-911 GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 196002.290461.6.670. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 26. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND ACCEPT BID OF ADVANCED ROOFING, INC., FOR PROJECT ENTITLED "ALLAPATTAH ELDERLY CENTER — ROOF REPLACEMENT PROJECT B-6380", $115,890. Commissioner Teele: We now (UNINTELLIGIBLE) I would move ratifying and approving the confirming the Manager's finding of emergency accepting the bid of Advanced Roofing. 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 for its adoption: RESOLUTION NO. 02-940 A RESOLUTION OF THE MIAMI CITY COMMISSION RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND ACCEPTING THE NOVEMBER 29, 2001 BID OF ADVANCED ROOFING, INC., (NON-MINORITY/NON- LOCAL VENDOR, 4345 NE 12TH TERRACE, FORT LAUDERDALE, FLORIDA) THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, PURSUANT TO INVITATION TO BID DATED OCTOBER 31, 2001, FOR THE PROJECT ENTITLED "ALLAPATTAH ELDERLY CENTER — ROOF REPLACEMENT PROJECT B-6380", IN THE AMOUNT OF $113,070; ALLOCATING FUNDS FROM PROJECTS NOS. 331414 AND 331362, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND CAPITAL APPROPRIATIONS ORDINANCES, AS AMENDED, IN THE AMOUNT OF $113,070 FOR THE CONTRACT COSTS AND $2,820 FOR EXPENSES, FOR AN ESTIMATED TOTAL COST OF $115,890; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 27. APPROVE PROCUREMENT OF ICE-O-MATIC, MODEL NO. ICE 1806 FR ICEMAKING MACHINE WITH REQUIRED PARTS FOR DEPARTMENT OF SOLID WASTE FROM GULF ICE SYSTEMS, INC., UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 40-650-99-1, $5,723; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROJECTS. Chairman Regalado: We have a motion -- Commissioner Teele: And finally I would move to approve a procurement of an ice -making machine. Commissioner Gonzalez: Second. Chairman Regalado: An ice -making machine? Vice Chairman Winton: Is that (UNINTELLIGIBLE). Chairman Regalado: That's good, because it's very hot, so -- Vice Chairman Winton: And they did a good job of justifying it too. Carlos Gimenez (City Manager): Yeah, maybe we could put it on the bus benches. Chairman Regalado: Oh, yeah, yeah, yeah. Vice Chairman Winton: Whoever wrote this did a good job. Chairman Regalado: All in favor, say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 02-941 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE PROCUREMENT OF AN ICE-O-MATIC, MODEL NO. ICE 1806 FR ICEMAKING MACHINE WITH REQUIRED PARTS FOR THE DEPARTMENT OF SOLID WASTE FROM GULF ICE SYSTEMS, INC., (NON-MINORITY/NON-LOCAL VENDOR, 7790 SEARS BOULEVARD, PENSACOLA, FLORIDA) UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 40-650-99-1, EFFECTIVE THROUGH JANUARY 14, 2003, AND ANY EXTENSIONS, IN AN AMOUNT NOT TO EXCEED $5,723; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECTS, ACCOUNT CODE NO. 353010.329402.6.840. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 28. APPROVE AMENDMENT NO. 1 TO SUBLEASE AGREEMENT BETWEEN BETTER WAY AND GREATER MIAMI SERVICE CORPS (GMSC), FOR TERM OF SUBLEASE WITH GMSC TO RUN CONCURRENTLY WITH TERM OF LEASE AGREEMENT BETWEEN CITY AND BETTER WAY. APPROVE AMENDMENT NO. 2 TO SUBLEASE BETWEEN BETTER WAY OF MIAMI, INC. (BETTER WAY) AND GREATER MIAMI SERVICE CORPS (GMSC) TO PROVIDE FOR INSTALLATION OF SEPARATE ELECTRICAL POWER SERVICE AND METER FOR GMSC THAN THAT OF BETTER WAY AT PREMISES LOCATED AT 810 NORTHWEST 28TH STREET. Chairman Regalado: Look, we have also -- it's a sub -lease agreement with Better Way. Commissioner Gonzalez: So moved, Mr. Chairman. Chairman Regalado: Mr. Manager. Vice Chairman Winton: What item is that? Chairman Regalado: It's item -- Carlos Gimenez (City Manager): Item 23. Chairman Regalado: 23 and 24. We have a motion. Do we have a second? Vice Chairman Winton: Second. Chairman Regalado: Second by Vice Chairman Winton. All in favor, say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 02-942 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING AMENDMENT NO. 1 TO THE SUBLEASE AGREEMENT BETWEEN BETTER WAY AND GREATER MIAMI SERVICE CORPS ("GMSC"), IN SUBSTANTIALLY THE ATTACHED FORM, TO PROVIDE FOR THE TERM OF THE SUBLEASE WITH GMSC TO RUN CONCURRENTLY WITH THE TERM OF THE LEASE AGREEMENT BETWEEN THE CITY OF MIAMI AND BETTER WAY AND WITH ALL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Chairman Regalado: Item 24 is a companion. Commissioner Gonzalez: So moved. Chairman Regalado: It's been moved and second. All in favor, say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 02-943 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING AMENDMENT NO. 2 TO THE SUBLEASE BETWEEN BETTER WAY OF MIAMI, INC. ("BETTER WAY") AND GREATER MIAMI SERVICE CORPS ("GMSC"), IN SUBSTANTIALLY THE ATTACHED FORM, TO PROVIDE FOR THE INSTALLATION OF SEPARATE ELECTRICAL POWER SERVICE AND METER FOR GMSC THAN THAT OF BETTER WAY AT THE PREMISES LOCATED AT 810 NORTHWEST 28TH STREET, MIAMI, FLORIDA, WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 29. FIRST READING ORDINANCE: AMEND SECTION 35-224 OF CITY CODE ENTITLED "COCONUT GROVE PARKING IMPROVEMENT TRUST FUND", TO CLARIFY INSTALLMENT PAYMENT PROGRAM AND PROVIDING FOR SECURITY DEPOSIT. Vice Chairman Winton: And 19, I want to move. Commissioner Gonzalez: Second. Chairman Regalado: OK. It's a first reading ordinance. Coconut Grove Parking -- Vice Chairman Winton: Right. Chairman Regalado: -- Improvement Trust Fund. This is a public hearing. Vice Chairman Winton: First reading, so it could -- Chairman Regalado: -- first reading, anybody from the public that wishes to address the Board. Being none, we close the public hearing. Read the ordinance. The ordinance was read by title into the public record by the City Attorney. Chairman Regalado: Roll call. Priscilla A. Thompson: Roll call. An Ordinance Entitled - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35, ARTICLE V, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "COCONUT GROVE PARKING IMPROVEMENT TRUST FUND", BY AMENDING SECTION 35-224 OF THE CODE TO CLARIFY THE INSTALLMENT PAYMENT PROGRAM AND PROVIDING FOR A SECURITY DEPOSIT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. was introduced by Vice Chairman Winton, seconded by Commissioner Gonzalez, and was passed on first reading by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: ABSENT: Commissioner Joe Sanchez 30. SECOND READING ORDINANCE: AMEND SECTION 2-817 OF CITY CODE ENTITLED "ADMINISTRATION, CODE ENFORCEMENT, ADMINISTRATIVE COSTS, FINES; LIENS," TO ADD NEW SUBSECTION (h) TO PROVIDE THAT MANAGER MAY RELEASE LIEN PLACED ON PROPERTY BY CITY IF PROPERTY IS USED FOR DEVELOPMENT OF AFFORDABLE HOMEOWNERSHIP HOUSING PROJECT BY PROJECT SPONSOR THAT HAS BEEN ALLOCATED FUNDS BY COMMISSION OR CITY HOUSING AND COMMERCIAL LOAN COMMITTEE FOR SUCH PROJECT. Commissioner Gonzalez: I'll move Item 29. Chairman Regalado: Item 29? Commissioner Gonzalez: Yes, sir. (UNINTELLIGIBLE COMMENTS) Chairman Regalado: So we're already done. Commissioner Gonzalez: We already did 29? Chairman Regalado: Yeah. Commissioner Gonzalez: OK. Chairman Regalado: We only -- Carlos Gimenez (City Manager): Well, we got Item 18 that hasn't been done. Commissioner Gonzalez: Yeah, Item 18, I move Item 18. Chairman Regalado: It's a second reading ordinance. We have a motion and a second. Vice Chairman Winton: Oh, yeah. Chairman Regalado: By Commissioner Winton. All in -- I mean, the read the ordinance. Roll call. The ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): The ordinance is approved on second reading, 4/0. An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ARTICLE X, SECTION 2-817 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION, CODE ENFORCEMENT, ADMINISTRATIVE COSTS, FINES; LIENS," TO ADD NEW SUBSECTION (h) TO PROVIDE THAT, SUBJECT TO CERTAIN CONDITIONS, THE CITY MANAGER MAY RELEASE OR SATISFY A LIEN PLACED ON A PROPERTY BY THE CITY OR BY ANY OF ITS AGENCIES AND INSTRUMENTALITIES IF THE PROPERTY IS USED FOR THE DEVELOPMENT OF AN AFFORDABLE HOMEOWNERSHIP HOUSING PROJECT BY A PROJECT SPONSOR THAT HAS BEEN ALLOCATED FUNDS BY THE CITY COMMISSION OR THE CITY OF MIAMI HOUSING AND COMMERCIAL LOAN COMMITTEE FOR SUCH PROJECT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. was passed on its first reading, by title, at the meeting of July 9, 2002, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Gonzalez, seconded by Vice Chairman Winton, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12272 Chairman Regalado: OK. Now we're done. Commissioner Gonzalez: Move to adjourn. Chairman Regalado: We have a motion -- There being no further business to come before the City Commission, the meeting was adjourned at 8:30 p.m. MANUEL A.DIAZ MAYOR ATTEST: Priscilla A. Thompson City Clerk Sylvia Scheider Assistant City Clerk